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HDLC FAQ

On June 14, 2005 the HDLC Commission voted to indefinitely suspend its jurisdiction over all single family residences in order to allow for the residents of Lake Vista to better understand the effects of the nomination and to allow more time for informed public input on the matter, should they desire this to go forward at some time in the future.

Listed below are some frequently asked questions concerning the proposed HDLC designation. Read through the questions and answers and feel free to submit a questions at the bottom of the page to be answered by the HDLC and posted back on this page.

Q. Will my building permit cost more?

A. Yes, the Historic District Landmarks Commission's reach also extends to building permit costs. The City's Department of Safety & Permits assesses a building permit fee of $50 plus $5 per $1,000 of construction value--for example $2,050 for a $400,000 house--and if the property is located in an area regulated by the HDLC, a 50% SURCHARGE is added--for a total in this example of $3,075.

Q. Will I still have to submit your building plans to the Levee Board?

A. Yes, Lake Vista residents must apply to the Orleans Levee Board before performing any work as well as receive permission from the HDLC and the City of New Orleans Safety and Permits Department.

Q. Can the Levee Board and HDLC permitting process run concurrently?

A. Yes, you can submit your plans to the Orleans Levee Board and the HDLC in parallel to help speed up the process.

Q. Will the HDLC enforce the LVPOA Restrictions?

A. Yes, the HDLC powers of enforcement will now exist when our homeowner restrictions are violated. This should save us thousands a year in legal expenses.

Q. Will the HDLC tell me to change the color of my door?

A. No, only the vacant land on our lots is covered. All legally existing buildings, structures, pools, etc., are GRANDFATHERED in.

Q. Can the HDLC use subjective factors in evaluating/approving a loan such as "is the building in keeping with the character of the neighbor" or must if simply follow the letter of the restrictions?

A. No, subjective architectural style reviews are allowed however, there could conceivably be a subjective issue where the regulations are not specific, such as building heights.

Q. Is there a time limit on the approval process? If deferral on action is done, is there a time limit on the deferral process?

A. No, applications meeting the Lake Vista building restrictions are placed on the consent agenda and will not be deferred. Items that do not meet the building restrictions could be placed on the regular agenda and could be deferred however, this would not affect the application process because the applicant would be unable to obtain the required Levee Board Approval for this work.

Q. Can the HDLC, at any time or for any reason, add additional restrictions or requirements to the Lake Vista property restrictions?

A. No, the adding of additional restrictions to the Lake Vista property restrictions would be in direct opposition to the purpose of the Landmark nomination. It is these very restrictions that the HDLC is trying to preserve, protect, and enforce.

Q. Does an HDLC nomination require neighborhood approval or as in this case, can the HDLC simply insinuate itself into the restriction process at any time?

A. No, nominations can be proposed by motion of any Commission member if seconded by two additional Commission members. Neighborhood approval is not required, although comment will be sought during the review process for permanent designation as a Landmark neighborhood by all of the property owners.

Q. Why was the nomination not suspended/cancelled for all of Lake Vista pending this instructive process? Why were multi-family properties not included?

A. It was felt by the Commission that single family residential construction posed less of a threat to the character of the neighborhood than multi-family and commercial development.

Q. Please define "multi-family" sites covered by nomination. Does this include all doubles and single homes on R-2 lots in Lake Vista?

A. Single homes on R-2 lots would not be considered multi-family homes as they are single homes. Multi-family homes are buildings in which there are more than one unit, this would include doubles.

Q. Why did the HDLC impose this nomination on Lake Vista without any public input, comment or notification? And has this ever been done before in New Orleans?

A. This Nomination was made at a public meeting. Public notice was given for this meeting by the public posting of the agenda, postings on the web site, by mailing the agenda to parties that request regular notification and by advertising in the Times Picayune.

Q. How do I request to be mailed or emailed the agendas for future meetings? I checked the New Orleans HDLC website and did not see any link or method to request such notice.

A. To get on the HDLC mailing list, simply e-mail or write a request with your name and mailing address. We are also currently working to get the agenda posted on our website. Requests can be e-mailed to charlep@new-orleans.la.us or mailed to HDLC, 830 Julia St., NOLA 70113

Q. Why did the HDLC consider this nomination without notifying the affected property owners of the proposal and meeting? Appears to me a disconnect in due process for a public agency to impose a regulation on a class of people without telling them when the item will be considered. Some of us, me included, did not even know the HDLC existed. Therefore, I would not know to request agendas, look at the website, etc.

A. Public notice was given, it was posted in the builidng, mailed to our mailing list and published in the Times Picayune.

Q. Why are HDLC rules and procedures applicable to Lake Vista since the area has only been nominated? It has not been approved for permanent designation as a historic landmark neighborhood. Seems the rules should not apply until the public hearings are held and official designation is proclaimed. Subjecting the area to HDLC rules before designation seems like putting the cart before the horse and lack of due process with respect to the property owners.

A. The HDLC has juristiction over nominated properties to protect them until the landmark designation process is completed. This is outlined in our enabling legislation which is posted on our website.

Q. Will the HDLC require any retroactive work to property that is in violation of existing Lake Vista building restrictions? It appears to me, that if they really want to "maintain the character" of the neighborhood as designed then this is a possible consideration. If the HDLC says no now, does the HDLC have the authority in the future to require retroactive work to bring property improvements into compliance?

A. The HDLC can only ensure that work approved by the HDLC is completed as it was approved. The HDLC cannot enforce compliance with work that it did not review or approve.

Q. If the Orleans Levee Board and/or the LVPOA decides to amend the Lake Vista building restrictions, is HDLC review required?; is approval required?

A. No

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