HomeMy WebLinkAboutProcedures Governing HPC Appeal
Procedures Governing Appeals of Historic
Preservation Commission to the Common Council
1. Office of the City Clerk to notify all parties of the date of the Common
Council meeting when the appeal will be heard.
Petitioner will have a maximum of twenty (20) minutes to present his/her case
which shall address:
a. Specific issue(s) under review
b. Statement of position by the Petitioner or his/her attorney
c. Relevant witness statements, if any
d. Requested action which the Petitioner is seeking
3. Historic Preservation Commission (HPC) will have a maximum of twenty (20)
minutes to include:
a. Statement of position by the HPC attorney
b. Relevant witness statements, if any
c. Requested action which HPC is seeking
4. Petitioner will have a maximum of five (5) minutes for rebuttal.
5. Common Council may ask questions of the patties with up to a maximum of fifteen
(15) minutes for this portion of the public hearing.
6. Common Council shall review the actions of the HPC in the appeal before them
and determine whether such action was:
a. Arbitrary, capricious, an abuse of discretion, or otherwise not in
accordance with applicable law;
b. Contrary to constitutional right, power, privilege, or immunity;
c. In excess of statutory jurisdiction, authority, limitations or statutory rights;
d. Without observance of procedures required by applicable law and ordinance; or
e. Unsupported by substantial evidence.
with each Council Member having the opp01tunity to comment before a motion of
disposition on the appeal is accepted by the Chairperson.
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7. Proper motions of the Common Council will be acknowledged by the Chairperson of
either sustaining the action of the HPC or overruling their decision based on the evidence
provided by the parties and the governing law, followed by a roll call vote of the Common
Council.
8. Office of the City Clerk shall, within a reasonable period of time, send confirmation of the
Common Council's action to all parties and maintain minutes of the public hearing, as part
of the regular meeting minutes of the Common Council.