File #: 2023-1330    Version: 1 Name:
Type: Resolution Status: Appeal
File created: 10/13/2023 In control: Board of Commissioners
On agenda: 11/8/2023 Final action: 12/5/2023
Title: COMMISSION DISTRICT(S): 2 & 6 Appeal of a Decision of the Historic Preservation Commission at 1780 Ridgewood Drive by Peggy Hibbert
Attachments: 1. 1780 Ridgewood Dr appeal attachment

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title

COMMISSION DISTRICT(S): 2 & 6

Appeal of a Decision of the Historic Preservation Commission at 1780 Ridgewood Drive by Peggy Hibbert

Body

INFORMATION CONTACT: Brandon White, Current Planning Manager

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 September 18, 2023 decision of the Historic Preservation Commission to approve with modifications a Certificate of Appropriateness application at 1780 Ridgewood Drive.

 

SUMMARY:

Recommended Action

Appellant Hibbert asserts that the commission’s decision constitutes an abuse of discretion in that the application for an enclosure of the front porch did meet all relevant guidelines for both Section 13.5-8(3) and the Druid Hills Design Manual and that the commission’s evaluation that the current front porch is a replica of the original porch was arbitrary.