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File #: 081377    Version:
Type: Ordinance Status: Passed
File created: 1/16/2009 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 2/10/2009
Effective date: 2/27/2009    
Title: A substitute ordinance amending the authority of the administrative review appeals board with respect to jurisdiction.
Sponsors: ALD. BAUMAN
Indexes: ADMINISTRATIVE REVIEW APPEALS BOARD
Attachments: 1. Fiscal Note, 2. Hearing Notice List, 3. Notice Published on 2-26-09
Number
081377
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. BAUMAN
Title
A substitute ordinance amending the authority of the administrative review appeals board with respect to jurisdiction.
Sections
308-81-9-g am
308-81-14 rp
Analysis
This ordinance amends and clarifies the authority of the administrative review appeals board with respect to recommendations of the historic preservation commission. Most of the commission’s recommendations are appealable to the common council, except for issuance of certificates of appropriateness for demolition which are appealable to the administrative review appeals board. This ordinance amends the appeal process with respect to historic preservation by deleting reference to the administrative review appeals board for demolitions, and directing those appeals to the common council.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 308-81-9-g of the code is amended to read:
308-81. Historic Preservation Commission.
9. REGULATION OF CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND DEMOLITION.
g. Demolition. Notwithstanding the provisions of the preceding paragraphs, if an applicant for a certificate of appropriateness seeks approval for demolition, the commission may by affirmative vote within 30 days after the public hearing defer determination on the application for a period not to exceed one year from the date of application for the demolition permit, and shall provide the applicant with a written report setting forth the reason or reasons for its deferral on the certificate application. An applicant whose application for certification of appropriateness for demolition has been deferred may appeal the deferral to the [[administrative review appeals board pursuant to s. 320-11]]>>common council<<. If the commission determines to defer a demolition on the application, the commission and the applicant shall undertake serious and continuing discussions for the purp...

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