Public Hearing: YES ☐ NO ☒ Department: Planning & Sustainability
SUBJECT:
Title
COMMISSION DISTRICT(S): 2 & 6
Appeal of a Decision of the Historic Preservation Commission at 2005 Ponce De Leon Ave
Body
INFORMATION CONTACT: Brandon White, Current Planning Manage
PHONE NUMBER: 404-371-2155
STANDARD OF REVIEW:
Chapter 13.5-8 (12) allows an applicant to appeal a decision by the Historic Preservation Commission to the Board of Commissioners. The appeal shall be limited to a review of the record of the proceedings before the preservation commission. The standard of review shall be an abuse of discretion. An abuse of discretion exists where the record presented to the governing authority shows that the preservation commission exceeded the limits of its authority or that the preservation commission's decision was not based on factors set forth in the section 13.5-8(3) or the guidelines adopted by the preservation commission pursuant to section 13.5-6 or that the preservation commission's decision was otherwise arbitrary and capricious. If the governing authority finds no abuse of discretion, then it may affirm the decision of the preservation commission. If the governing authority finds that the preservation commission abused its discretion in reaching a decision, then it may reverse the preservation commission's decision, or it may reverse the preservation commission's decision and remand the application to the preservation commission with direction.
PURPOSE:
Appeal of the December 18, 2023, decision of the Historic Preservation Commission to approve with modifications and deny portions of a Certificate of Appropriateness application at 2005 Ponce de Leon Avenue in the Druid Hills Historic District.
SUMMARY:
Recommended Action
The appellant asserts that the following determinations made by the DeKalb County Historic Preservation Commission should be overturned:
1. Denial of application to install a retaining wall in the front yard along Ponce de Leon Avenue.
2. Denial to undertake brick work on the main structure of the property.
3. Denial of application to install a fence in the front yard.
4. Modification of approval that required the retention of English Ivy rather than installation of sod in the back yard of property.