CHARLOTTESVILLE, VA – The Charlottesville City Council recognizes that its decision regarding the historic review Certificate of Appropriateness for The Mark, the proposed student housing apartment complex in Fifeville, has generated significant concern and disagreement within the community. Council respects the right of residents to continue expressing their views about the project and understands that some residents remain deeply disappointed by the decision.
In recent days, members of the community have asked Council to rescind its prior action or vote again on the Certificate of Appropriateness. Council is providing the following clarification regarding the legal process applicable to that decision.
Council’s general procedural rules include a process for reconsidering certain votes. Those rules may apply, for example, when Council adopts a resolution establishing or changing a City policy on a matter that remains within its continuing authority.
The decision regarding The Mark is different. It was made under the specific historic review process established by Virginia law and the City’s Development Code. That process provides for a decision by the Board of Architectural Review and an appeal to Council. Council’s decision on the appeal is the final decision in this case.
Council’s general reconsideration procedures do not override or add to that specific process. Because the historic-review process does not authorize Council to reopen, rescind, or revote on its decision, another vote is not legally available.
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