The Norfolk City Council on May 20 declined to grant a certificate of appropriateness for replacement windows at a single-family home at 709 West Princess Anne Road in the Ghent Historic and Cultural Conservation District, effectively upholding the Architectural Review Board’s (ARB) denial.
The appeal was presented by Ari Stein of the law firm Bishop Martingale on behalf of the homeowner, identified in the filing as Dr. Maroon. Stein said the owner bought the house in February 2024, discovered the windows were in poor condition, consulted three window companies and “instructed Pella to preserve as many of the existing windows as possible.” He said Pella concluded most windows could not be repaired and that replacement work cost about $90,000. Stein argued the ARB’s decision to deny the windows was “arbitrary and capricious.”
City staff told council they had mailed routine historic-district notices, including a mailing after the sale and annual mailings, and that a notice of violation was issued in March 2025 after the work was done. Staff also confirmed that a comparable property shown in the appeal packet (720 Morrie Avenue) is not in the historic district and therefore not subject to the same review.
During council discussion, members asked whether the expert who advised that the windows were unsalvageable was a structural engineer; Stein said the conclusion came from window professionals and a home inspector, and that the windows were “dissolving” and unsafe when removed. Council then considered an ordinance to grant the certificate of appropriateness. A majority voted against the motion. The motion to grant the COA failed, and the ARB denial remained in effect.
The record shows that the replacement work was performed without prior ARB approval and that the ARB denied all 34 replacement windows. The homeowner filed an after-the-fact certificate-of-appropriateness request after receiving a notice of violation. The council did not provide additional guidance in the meeting transcript on steps the homeowner must take to achieve compliance with the design guidelines.