Johnettee,
In Lawrence, Kansas we do not issue the permit until the approval
process and any appeals process is complete.  For example, even if the
applicant appeals the HRC (Historic Resources Commission) determination
and it is over-turned by the City COmmission.  The permit is not issued
until the 5 day waiting period expires.  In addition, we have a 30 day
waiting period for all demolition permits.  The permit cannot be
picked-up until the 30 days has expired.  Even if the Historic Review
Process has not been completed in 30 days the permit is not issued until
the process has been completed.  In Lawrence issuing the permit is not
really a problem but enforcement of the conditions of approval are
another issue.

Dennis J. Enslinger, AICP
Historic Resources Administrator
[log in to unmask]
(785) 832-3151

> -----Original Message-----
> From: Johnette Davies [SMTP:[log in to unmask]]
> Sent: Tuesday, October 26, 1999 6:31 PM
> To:   [log in to unmask]
> Subject:      appeals
>
> This is for all you administrator/government-types out there:
>
> I am working on a case that involves altering the appeals process in
> an
> existing preservation ordinance.  Here is the situation:
>
> Currently, the Design Review Commission (DRC) renders a
> "recommendation."
> (Powerful, eh?)  That then goes to the Commissioner of Licenses and
> Inspections, who may either agree or disagree, and grant (or not
> grant) the
> permit in accord with that decision.  Once an applicant then gets the
> permit
> (with or without the blessing of DRC), there is a 5-day appeal period
> to the
> Zoning Board of Adjustment for the nay-sayers.  During this 5-day
> period,
> with permit in-hand, the applicant is free to act.
>
> The proposal, then, is to increase the appeal period to 10 days and to
> institute a moratorium on action taken on the permit until the appeals
> period has expired.  This, of course, leaves it up to the discretion
> of the
> applicant to decide whether they will wait for the appeal period to
> expire
> before acting on the permit that they hold in their hand, or whether
> they
> will be sneaky or claim ignorance and demolish the building/take off
> the
> mansart roof/put in vinyl windows as soon as they step out the door.
>
> The question is this:  In your experience, are there generally
> moratoria on
> activities once a permit is issued (for the duration of the appeal
> period),
> or, is the permit not granted until the appeal period has expired?
> Common
> sense would dictate the latter, but I am somewhat familiar with the
> fact
> that common sense does not always prevail.
>
> So far, I have been told that Philadelphians do not get their permits
> from
> L&I until the Historical Commission has given the "OK" AND the appeal
> period
> has expired.  Can anyone give me any other examples?
>
> Thanks in advance for your insights!
>
> Sign me - Needy Lurker