Section 25.71.100 Appeal of a denial of a permit due to failure to conform with design guidelines.

1. Any person, firm or corporation having any ownership or equitable interest in a structure affected by a denial of a building permit due to a failure to conform to the above mentioned historic guidelines, may request to appeal such denial and shall, upon compliance with the procedures set forth in this chapter, be granted such appeal. In any appeal, the scope of review shall be limited to:

a. Any person, firm, or corporation desiring to appeal such denial shall file in the office of the community development director a written petition requesting such hearing and setting forth a statement of the grounds therefor. Such petition shall be filed in the office of the community development director within ten days after said denial was issued. Within ten days of receipt of such petition, the community development director shall set a time and place for hearing on said appeal and shall give the petitioner, and all interested parties notice thereof. At such hearing the petitioner, staff, and all interested parties shall be given an opportunity to be heard and to show cause why such denial should be sustained, modified or withdrawn. The hearing before the community development director shall be commenced not later than thirty days after the date on which the petition was filed; provided, that upon written application of the petitioner, the community development director may postpone the date of hearing for a reasonable time beyond such thirty-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.

b. After such hearing, and within two working days, the community development director shall sustain, modify or withdraw the denial upon his findings. The community development director may also modify any denial so as to authorize a variance from the provisions of this title when, because of special conditions, a literal enforcement of the provisions of this title will result in practical difficulty or unnecessary hardship; provided, that the spirit of this title will be observed, public health and welfare secured, and substantial justice done. Denial of a building permit due to failure to meet the historic guidelines shall be assumed final until & unless modified or withdrawn by the community development director. The determination and disposition of an appeal made by the community development director shall be summarized, reduced to writing and entered as a matter of public record in the inspection services office. The community development director shall notify all appealing parties of his determination and disposition of the appeal by written notice and/or order sent by certified mail.

b. Any dissatisfied party within 10 days of the receipt of the community development director’ s determination may file in the office of the community development director a written petition requesting further appeal to the city council.

c. Upon receipt of said petition the community development director shall forward the petition to the historic preservation commission for comment at their next regularly scheduled meeting. The appeal shall be heard by city council as soon as practical after the historic preservation commission meeting. Comments from the historic preservation commission, staff, and other interested parties shall be heard in addition to testimony from the petitioner.