Public Hearing: YES ? NO ? Department: Planning and Sustainability
SUBJECT:
Title
Commission District(s): 2 & 6
Appeal of a Decision of the DeKalb County Historic Preservation Commission (HCP) regarding 1534 N. Decatur Road, by applicant Linda Dunlavy, Dunlavy Law Group LLC on behalf of Lullwater Wharf, LLC (owner).
Body
Information Contact: Michelle Alexander/David Cullison
Phone Number: 404-371-4922
PURPOSE:
Appeal of the September 21, 2018 decision of the Historic Preservation Commission to deny a Certificate of Appropriateness application at 1534 North Decatur Road.
NEED/IMPACT:
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 revise reverse the preservation commission's decision and remand the application to the preservation commission with direction.
FISCAL IMPACT:
No fiscal impact to the County.
RECOMMENDATION:
Recommended Action
The appellant contends that, per Section 13.5-8 (12) of the Historic Preservation Ordinance, the Historic Preservation Commission abused its discretion by using a recom...
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