HomeMy WebLinkAboutEmail To Brian Minyard From Debra Weldon, 05/13/2009Minyard, Brian
From:
Weldon, Debra
Sent:
Wednesday, May 13, 2009 9:29 AM
To:
Minyard, Brian
Cc:
Carpenter, Tom; Mann, Bill; Beebe, Shayla
Subject:
RE: question
Brian,
In response to your questions below, the requirement that the Commission vote on whether there is "cause" to reconsider
an application is provided in the HDC bylaws but is not addressed in the Historic Districts Act or in the city ordinance.
There is no specific requirement that the vote to authorize a rehearing must be made at a separate meeting from the
rehearing. However, such a requirement is implied by the following language: "If the Commission decides to rehear a
case it will require legal ad, notice to owners, etc., as required for new applications."
If legal notice was made before the Commission voted to rehear a case, in anticipation that they would decide to rehear
the case, the expense incurred by the city and the applicant would be wasted if the application had to be withdrawn from
the public hearing agenda due to the Commission's decision that there was no "cause" (material change) to rehear the
application.
Please call me if additional questions come up at your meeting.
Debra
From: Minyard, Brian
Sent: Wednesday, May 13, 2009 8:25 AM
To: Weldon, Debra
Subject: RE: question
Thank you. This does help. I had been thinking last night that a "significant change" is relative to the application at hand.
If a person was denied for requesting vinyl replacement windows, a "significant change" might be to request a wood
window with exterior cladding. But a new house from scratch would need to make more changes than just window choice.
With your information below, would the commission:
1) decide one month that there has been significant change (with a vote) and then hear it at a later date
or
2) decide at the first of the meeting whether it was significant change (with a vote) and if it was deemed changed hear it
immediately after at the same hearing. But at that time he has already incurred cost of mailings and obtaining property
owners names.
or
3) hear the item and then state if it was significant change or not. Same issue with notices
am meeting with Tony and Walter at 10:00 to discuss this. will let you know the outcome
Brian Minyard, AICP
bminyard@littlerock.org
(501)371-4789
fax (501) 399-3435
-----Original Message -----
From: Weldon, Debra
Sent: Tuesday, May 12, 2009 5:19 PM
To: Minyard, Brian
Cc: Carpenter, Tom; Mann, Bill; Beebe, Shayla
Subject: RE: question
Brian,
When Page asked me this morning what would constitute a significant change in his COA application, I told him that
was something that staff would have to recommend after review of his proposed changes. It is not something that I
can measure and describe in advance. I should have also mentioned that, under the HDC bylaws, the Commission
must vote on whether there is "cause" to reconsider the application (if submitted within 1 year from the previous
application) - by unanimous vote of all members present at a regular meeting. In other words, they must determine
that the application includes "a material change" from the previous application.
With respect to what is a material change, Black's Law Dictionary defines "material" as "important; more or less
necessary; having influence or effect; going to the merits."
I believe that, ultimately, the question of whether a new application constitutes a significant or material change must be
decided by the Commission.
I hope that this information is helpful to your discussions with Page.
Debra
From: Minyard, Brian
Sent: Tuesday, May 12, 2009 4:30 PM
To: Weldon, Debra
Subject: question
do you fell comfortable answering a question on what constitutes "significant change"? Page wants to know.
Brian Minyard, AICP
bminyard@littlerock.org
(501)371-4789
fax (501) 399-3435