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City Council rejects HPC certificate of appropriateness for 540 West McIntosh after neighbors’ appeal
Summary
After neighbors and a Historic Preservation Commission member testified about procedural irregularities and unclear plans, the City Council voted to reject the HPC's Aug. 14 certificate of appropriateness for 540 West McIntosh Street; appellants had argued the chair improperly moved and voted on the approval, producing only two affirmative votes out of four present.
The Milledgeville City Council voted Oct. 28 to reject a certificate of appropriateness (COA) that the Historic Preservation Commission issued Aug. 14 for work at 540 West McIntosh Street, siding with adjacent property owners who appealed the commission's decision.
Virginia Knapp, one of the appellants, told the council the HPC meeting on Aug. 14 had been rushed and procedurally flawed and that commissioners and staff limited public comment to "materials" while the application appeared to request a larger addition. "This COA is null and void and was invalidly issued," Knapp said, arguing the chair had made the motion to approve and the commission recorded only two affirmative votes when a majority of the four members present (three votes) would have been required.
Knapp and several witnesses described interruptions, restricted discussion and unclear plans during the HPC hearing. Sarah Brantley said she observed the chair and secretary repeatedly tell attendees that only material-related comments would be heard. Adjacent owner Richard Knapp said the application notice said only window and trim work but the drawings and comments suggested a 300-square-foot addition and possible demolition of historic fabric.
Historic Preservation Commission member Mark Moring, who took questions from the council, said the submitted drawings showed an expanded footprint and that the commission's guidelines require preserving historic material when an addition is reversible. Former commission member John Alton and others urged better training and fuller membership so decisions reflect broader perspectives.
City Attorney Jordan told the council the body had three options under the city's appeal provision: approve the HPC decision, modify it (remand for further consideration), or reject it. Counsel explained that a timely appeal typically tolls administrative timelines and said abstentions are effectively not affirmative votes. After discussion, a councilmember moved to reject the HPC approval and, after a second, the clerk called the roll; the mayor announced the motion carried and the application was rejected.
The council discussed remedies: remanding the matter to the HPC for a properly conducted hearing or rejecting the HPC action outright. Jordan noted either side could still appeal a council decision to Superior Court.
The council's action closes the local administrative appeal at the council level unless the applicant seeks judicial review. Mayor (speaker 1) thanked Knapp for bringing the matter, and the meeting proceeded to other agenda items.
The appeal packet included references to the City of Milledgeville historic preservation ordinance and to OCGA provisions cited by the appellant; counsel and staff marked submitted documents as exhibits for the record.
