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CD <br /> a <br /> DEVELOPMENT PROCEDURE' <br /> certificate of appropriateness after consideration of the 1. Review the record of the proceeding from which an appeal <br /> request during the public hearing. is sought; <br /> 3. If the Historic Preservation Commission determines that 2. Receive an overview of the case from the Responsible <br /> a certificate of appropriateness should not be issued,or Official, including previous recommendations from <br /> should be issued subject to conditions,it shall place upon city staff and the decision of the Historic Preservation <br /> its records the reasons for its determination. Commission; <br /> 4. The Historic Preservation Commission shall render its 3. Hear arguments from the party appealing the decision of <br /> decision on the request within forty-five (45) days of the the Historic Preservation Commission; and <br /> date the application is deemed complete and adequate for <br /> review,subject to the supplemental options available under 4. Remand the matter back to the Historic Preservation <br /> Section 2.5.5.3(c). Commission when relevant testimony and newly-acquired <br /> evidence is presented that was not previously presented <br /> Section 2.5.5.4 Criteria for Approval at the time of the hearing before the Historic Preservation <br /> Commission. <br /> The following criteria shall be used to determine whether the <br /> application for a certificate of appropriateness shall be approved, C. Criteria on Appeal. <br /> conditionally approved or denied: <br /> 1. The Zoning Board of Adjustments shall apply the <br /> A. Consideration of the effect of the activity on historical, substantial evidence test as established under Texas law tc <br /> architectural or cultural character of the Historic District or the decision of the Historic Preservation Commission; <br /> Historic Landmark; <br /> 2. The burden of proof before the Zoning Board of <br /> B. For Historic Districts,compliance with the Historic District Adjustments shall be on the appealing party,who must <br /> regulations; establish that the record reflects the lack of substantial <br /> evidence in support of the decision of the Historic <br /> C. Whether the property owner would suffer extreme hardship, not Preservation Commission; <br /> including loss of profit, unless the certificate of appropriateness <br /> is issued; and 3. The Zoning Board of Adjustments may not substitute its <br /> judgment for the judgment of the Historic Preservation <br /> D. The construction and repair standards and guidelines cited in Commission on the weight of the evidence on issues <br /> Section 4.5.2.1. committed to the Planning and Zoning Commission's <br /> Section 2.5.5.5 Appeals discretion. <br /> A. General Procedure.An applicant or other interested Section 2.5.5.6 Expiration and Extension <br /> person within the four-hundred foot(400') personal A. Time of Expiration.A certificate of appropriateness shall expire <br /> notification area may appeal a final decision of the Historic one year from the date it is issued if the proposed activity has <br /> Preservation Commission on an application for a certificate of not commenced, or two years from the date the certificate is <br /> appropriateness to the Zoning Board of Adjustments within ten issued, if the proposed activity has not been completed. <br /> days of the Historic Preservation Commission's action on the <br /> application.The Zoning Board of Adjustments shall decide the B. Extension.A certificate of appropriateness may be extended <br /> appeal in accordance with Section 2.8.1.1. by the Historic Preservation Commission for a period not to <br /> exceed one year from the date required for commencement anc <br /> B. Supplemental Procedure. In considering the appeal,the two years from the date required for completion of the activity <br /> Zoning Board of Adjustments shall: authorized by the certificate. <br /> 2:34 San Marcos Development Code Adopted April 17,2018 <br />