HomeMy WebLinkAboutMemo - Read Before Packet - 9/15/2020 - Memorandum From Karen Mcwilliams And Jim Bertolini Re: Applicant Request For Appeal Of Staff Decision - City Landmark At 126 S. Whitcomb, 2020
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This item is an appeal to the Landmark Preservation Commission (LPC) of a decision by
Historic Preservation Services staff to deny a Certificate of Appropriateness to the
owner/applicant for the Landmark Property at 126 S. Whitcomb Street. This appeal has been
pending since August 26, 2020. These items are pressing and require prompt action because the
owner is seeking to make modifications to the property as a result of the COVID-19 pandemic,
specifically to expand at-home work, educational, and recreation space that would otherwise not
be required on-site.
While LPC meetings have been generally authorized to occur using remote technology, certain
types of quasi-judicial items are still required to be heard at in-person meetings. A quasi-judicial
hearing is considered a “remote meeting” if one or more Council, board or commission member
participates virtually. Due to the COVID-19 public health emergency, it could be many months
before all Council, board, and commission members are once again comfortable attending
meetings in-person. Ordinance No. 079, 2020, authorizes certain types of quasi-judicial items to
be heard using remote technology, but specifically excludes decisions related to appeals (among
other specified decisions).
This project is now “stalled” as the owner/applicant awaits an appeal of the staff decision to the
LPC. The Ordinance does allow Council to consider, on a case-by-case basis, exceptions to that
specific exclusion. Per the owner’s request, which includes COVID-19 related motivations to
seek the appeal, staff is requesting permission to hold the appeal hearing before the LPC at the
earliest possible date.