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Davenport commission readies record for City Council appeal over denied sliding French doors; city attorney outlines council’s limited role
Summary
City Attorney Sam Puff told the Historic Preservation Commission on March 11 that City Council’s review of an appeal from the commission’s denial of a certificate of appropriateness for sliding French doors at 418 West Seventh Street will be limited to whether the commission followed Chapter 14 criteria and whether its decision was arbitrary or capricious.
The Historic Preservation Commission on March 11 reviewed the process and evidence that City Council will consider after a homeowner appealed the commission’s denial of a certificate of appropriateness for sliding French doors installed at 418 West Seventh Street.
City Attorney Sam Puff told the commission that City Council’s role on appeal is limited: council will determine whether the commission followed the criteria set out in city code (Chapter 14) and whether the commission’s action was “blatantly arbitrary and capricious.” Puff said council will review the record and any evidence it admits but should not act as a rehearing that substitutes its judgment for the commission’s evaluative decisions.
Why it matters: An appeal could overturn the commission’s denial and change the procedural and enforcement outcome for the homeowner. Puff warned that if council upholds the commission’s decision, municipal infractions and fines are available to the city to compel compliance with the code; if council…
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