Preservation Board Agenda Raises Legal Question
Seldom does the presence of an item on an agenda raise a question of legality but that is exactly the case with 3524 Victor. In March the owner appealed a staff denial to allow him to keep windows he installed, without a building permit, as these windows did not conform with the historic standards for the area. That is pretty much the process: staff denial followed by Preservation Board denial. Next step in the case of historic districts is to appeal to the planning commission.
But the item appeared once again in April. Apparently the Alderman, Stephen Conway, asked the board to reconsider. Gee, I guess those silly little ordinances don’t apply in the 8th Ward. In April some on the Preservation Board didn’t even want to discuss or vote on the issue as it seemed beyond them in where it should be in the process. I agreed. But, they voted once again to uphold the staff denial. The property owner, however, was not present at the meeting in April. For those keeping score, we’ve got one original staff denial and two board denials.
Is the third time a charm?
The enabling ordinances for the Cultural Resources Office and the Preservation Board are pretty clear when it comes to appeals. In some cases they go to the planning commission and in other cases directly to court. The staff and counsel, by placing this item on an agenda once again, are making a mockery of the system and setting a precedent where alderman can simply keep asking to have an item placed on the agenda month after month until they get the answer they are seeking.
Even more troubling is the Washington University Medical Center plan to raze now 32 houses they own in the Forest Park Southeast Neighborhood. For more information on this aspect please check out The Ecology of Absence as they’ve done a great job following these buildings.
– Steve