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File #: 2023-1013    Version: 1 Name:
Type: Resolution Status: Appeal
File created: 8/11/2023 In control: Board of Commissioners
On agenda: 10/10/2023 Final action:
Title: COMMISSION DISTRICT(S): 2 & 6 Appeal of a Decision of the Historic Preservation Commission at 1853 North Decatur Road by Margarita Studemeister and Renee Nelson
Attachments: 1. 1853 N Decatur Rd July Appeal full

                                    

Public Hearing:  YES      NO                                                   Department: Planning & Sustainability                                     

 

SUBJECT:

Title

COMMISSION DISTRICT(S): 2 & 6

Appeal of a Decision of the Historic Preservation Commission at 1853 North Decatur Road by Margarita Studemeister and Renee Nelson

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 July 17, 2023, decision of the Historic Preservation Commission to approve a Certificate of Appropriateness application at 1853 North Decatur Road in the Druid Hills Historic District.

 

SUMMARY:

Recommended Action

On July 17, 2023, the Historic Preservation Commission approved an application to demolish and replace a historic house. The appellant asserts that the preservation commission’s decision was arbitrary and capricious because the commission did not apply the design guidelines properly and relied on insufficient information and flawed technical reports.