Design Appeal Process

My Experience with the Design Appeal Process By Marilyn R Williams

Due to the number of approved, and proposed, out of character buildings in our historic neighborhood, it became a necessity for a group of residents to appeal the design approval of the latest project.

Despite the best attempt of individuals, groups and the Association Board, the Planning Department did not seem to understand our goal of preserving the historic quality of the Lettered Streets. Therefore, an appeal against the design approval given to a large multi-family structure was made. “Enough all ready and, please, hear us,” was the theme of this appeal.

The experience can not be labeled an adventure as many journeys into the unknown are. It was truly sad; mostly because the City Planning department seemed, for all intents and purposes, to be on the side of the developer. One would think our City staff would be neutral in a situation such as this.

The next biggest disappointment stemmed from the lack of importance our neighborhood plan was given. The Plan was written, as are all neighborhood plans, to GUIDE the development of our area into a cohesive neighborhood feel. Unfortunately, it does not seem to be followed by many developers or the Planning Department staff.

As a bit of a history lesson, the Plan was written in 1980 and updated in 1996. During 1996, the residents were asked what they wanted to see in the development of the neighborhood. “Good design that preserves the historical character of the area,” was the outcome. We truly felt that we had done our part to protect the character of our neighborhood – until the first “nonconforming” development started. It was then that we discovered “code” had to be written. “Not to worry,” we were told, “Multifamily design standards are being put in place.” After the Multifamily Residential Design Handbook was adopted, we felt that our neighborhood character was protected.

How wrong we were! After the second contemporary building, in less than a six month time period this year, was given design approval, those of us who had had enough filed an appeal – at a cost of $1300! During the appeal testimony, we were told that our Plan was basically meaningless and that the design standards did not apply to the Neighborhood as a whole. In fact, it turns out that the Planners only use the “block face” or “street corridor” as the neighborhood!

The decision has been made by the hearing examiner, “neighborhood” in the design code means “block face” or “street corridor!” So now, we hope to appeal the examiners decision, but funds are tight. If you would like to contribute to the appeal fund, please contact me at marilyn98225@aol.com. If like us, you feel that our Historic Character should be preserved – Please write to the Planning Director and City Council to get the protection in place we need. Contact: Planning Director Tim Stewart – tstewart@cob.org and our City Council – CityCouncil@cob.org attention Gene Knutson.