Title
Historic Preservation Board Appeal - Case File COA (SP) 2012-018
Cascar, LLC (Hall, Lamb & Hall, PA) Applicant, has filed the following appeals to the Coral Gables City Commission from decisions of the Historic Preservation Board at its regular meeting of December 20, 2012 regarding the property at 2 Casuarina Concourse, a Local Historic Landmark, legally described as Lot 32, Block "A," Gables Estates Number 2, according to the plat thereof recorded in Plat Book 60 at Page 37 of the public records of Miami-Dade County, Florida:
"The denial of the Applicant's claim that the designation of its residence at 2 Casuarina Concourse, Coral Gables, Florida, as a local historic landmark has created an undue economic hardship."
and
"The denial of the Applicant's application for a Special Certificate of Appropriateness for demolition of the residence at 2 Casuarina Concourse, Coral Gables, Florida."
Summary of Appeal:
The Historic Preservation Board at its regular hearing on December 20, 2012 denied the Applicant's claim of undue economic hardship and denied the request for demolition of the residence.
Background:
On June 21, 2011, the Historic Preservation Department received an application for historic significance for the subject property and a report by Architect Rafael Portuondo from Allen J. Smith, Esq. of Hall, Lamb and Hall, P.A.
On October 19, 2011 the Historical Resources Department issued a letter advising Mr. Smith that the property at 2 Casuarina Concourse does meets the minimum eligibility criteria for designation as a local historic landmark. The residence was designed by Alfred Browning Parker for R. Kirk and B. Landon and constructed in 1966.
On February 16, 2012, the local historic designation report for the property was presented to the Historic Preservation Board for consideration. At the meeting Andrew C. Hall, Esq. of Hall, Lamb and Hall, PA, representing Cascar, LLC, introduced Architect Rafael Portuondo who spoke against the historic designation of the property. Gay Bondurant, former Chair of the Coral Gables Historic Preservation Board; Jorge Hernandez, Vice-Chair of the National Trust for Historic Preservation, Board of Trustee Member of the Heritage Trust, and a member of the State of Florida Historic Marker Council; and Ellen Uguccioni, former City of Coral Gables Historic Preservation Officer, spoke in favor of designation. After discussion, the Historic Preservation Board unanimously (8-0) approved the local historic designation of the property based on its historical, cultural and architectural significance and its exceptional importance.
On March 27, 2012, Cascar, LLC (Hall, Lamb & Hall, PA) applicant, filed an appeal to the Coral Gables City Commission from the decision of the Historic Preservation Board at its regular meeting of February 16, 2012 to designate as a Local Historic Landmark the property at 2 Casuarina Concourse, legally described as Lot 32, Block "A," Gables Estates Number 2, according to the plat thereof recorded in Plat Book 60 at Page 37 of the public records of Miami-Dade County, Florida. The City Commission denied the request, upholding the Historic Preservation Board's decision per Resolution 2012-66.
On December 20, 2012, an application for a Special Certificate of Appropriateness was presented to the Historic Preservation Board. The applicant was requesting the demolition of the residence at 2 Casuarina Concourse and was claiming undue economic hardship. After discussion of the application, the following motions were made and approved by the Board:
ECONOMIC HARDSHIP:
1.) A Motion to adopt Staff's findings and Report, and to find that the Applicant has not demonstrated that the denial of Special Certificate of Appropriateness for demolition of the property would cause an exceptional financial burden such that it would amount to a taking of property without just compensation under the standard outlined by the U.S. Supreme Court in Penn Central Transp. Corp. v. New York City. (6 Ayes, 1 Nay, 2 Absent)
AND
DEMOLITION/SPECIAL CERTIFICATE OF APPROPRIATENESS:
2.) A Motion to find that the Applicant has not met the required criteria outlined in Section 3-1107 (D) of the Coral Gables Zoning Code for issuance of a Special Certificate of Appropriateness for demolition. (6 Ayes, 1 Nay, 2 Absent)