Substitute
Public Hearing: YES ☐ NO ☒ Department: Planning & Sustainability
SUBJECT:
COMMISSION DISTRICT(S): 2 & 6
Title
Appeal of a Decision of the DeKalb County Historic Preservation Commission at 929 Springdale Road by Eugene S. Hurwitz
Body
INFORMATION CONTACT: Marian Eisenberg/David Cullison
PHONE NUMBER: 404-371-4922
STANDARD OF REVIEW:
Excerpted from code section 13.5-8(12):
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 November 13, 2017 decision of the Historic Preservation Commission to approve a Certificate of Appropriateness application at 929 Springdale Road in the Druid Hills Historic District.
SUMMARY:
Recommended Action
The appellant asserts that the preservation commission was arbitrary and capricious because 1) the decision does not refer to DeKalb County Code sections 13.5-2 and 13.5-8(3), 2) that the certificate of appropriateness is vague and ambiguous, 3) that the decision cannot be supported by competent evidence and 4) that the decision is inconsistent with other decisions on this property.
There is no fiscal impact to the county.