HomeMy WebLinkAboutCity Attorney's Office Designation Opinion4
Kauffman, Kathleen
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Chiaro, Maria .3
Thursday; February 01, 2007 11:55 AM
Kauffman, Kathleen:: Uguccioni, Ellen
Gelabert-Sanchez. Ana
Ye Little Wood
Importance: High
You have asked for an opinion related to an issue of designation. Please see below,
FACTS
An application for the local historic designation of a property, which actually consists of two
lots, only one with the historic structure, was submitted by the Ye Little Wood Homeowner's
Association, a small gated community in Miami. The preliminary designation report was given
at the December meeting of the HEP Board, and the Board advised the staff to complete a
designation report. The staff in turn, asked the homeowner's association to research the
property, and prepare the basic analysis of the significance of the property for its presentation
to the Historic Board.
ISSUE: Whether the Historic Preservation and Environmental Board of Miami has the authority
to grant designation to the Ye Little Wood gated community when historic preservation is
designed to fulfill a "public purpose" and access to the subdivision is restricted.
DISCUSSION:
The Miami City Code, Chapter 23 Historic Preservation, mandates the criteria the
Historic Preservation and Environmental Board must follow in order to designate properties. It
does not explicitly state that a property must have unrestricted access in order to qualify for
designation as a historic property.
Chapter 23 of the Miami City Code (hereinafter referred to as the "Code") is the legal
mechanism by which the Historic Preservation and Environmental Board (hereinafter referred
to as the "Board") is granted the power to identify and designate those properties that have
major significance in the city's historic, cultural, archaeological, paleontological, aesthetic, and
architectural heritage. Chapter 23, Historic Preservation, § 23-1 (b)(1).
A. The Code states that the purpose of the historic preservation chapter is topreserve and
protect the heritage of the city._
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The purpose of historic preservation, according to this chapter, is to "preserve and
protect the heritage of the city. Chapter 23, Historic Preservation, § 23-1 (a). It does not
state that historic preservation is designed to fulfill a "public purpose.`;
The Code is further intended to:
"(1) Effect and accomplish the protection, enhancement, perpetuation, and use of
structures, landscape features, archeological and paleonto-logical resources,
areas, neighborhoods, and scenic vistas which represent distinctive elements of
the city's historic, cultural, archeological, paleontological, aesthetic, and
architectural heritage.
(2) Foster civic pride in the accomplishments of the past.
(3) Protect and enhance the aesthetic and environmental character, diversity,
and interest of neighborhoods.
(4) Stabilize and improve property values in neighborhoods and in the city as a
whole.
(5) Protect and enhance the city's attraction to residents, tourists, and visitors,
and thereby serve as a support and stimulus to the economy.
(6) Promote the use of historic sites, historic districts, and archaeological zones
for the education, pleasure, and welfare of the people of the city. "
Chapter 23, Historic Preservation, § 23-1 (a)(1)-(6)
While each and all of these support the idea that historic preservation is designed to
fulfill a public purpose, they are additional purposes to the intention of preserving and
protecting the heritage of the city.
B. The Code is silent onwhether aproperty's designation is defendant on its level ._.o,faccess to
the public.
The Code does not indicate whether access is a criterion for designation; however, other
historic neighborhoods have access restrictions similar to the Ye Little Wood gated community,
thereby indicating that unrestricted access is not a criterion.
In order for a property to be designated a historic site, the Board must show that the
property meets certain criteria. First, properties may be designated as historic sites is they
have "significance in the historical, cultural, archeological, paleontological, aesthetic, or
architectural heritage of the city, state, or nation; posses integrity of design, setting, materials,
workmanship, feeling, and association."
In addition, the properties must meet one or more of the following criteria:
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"(1) Are associated in a significant way with the life of a person important in the
past;
(2) Are the site of a historic even with significant effect upon the community, city,
state, or nation;
(3) Exemplify the historical, cultural, political, economical, or social trends of the
community;
(4) Portray the environment in an era of history characterized by one or more
distinctive architectural styles;
(5) Embody those distinguishing characteristics of an architectural style, or
period, or method of construction;
(6) Are an outstanding work of a prominent designer or builder;
(7) Contain elements of design, detail, materials, or craftsmanship of outstanding
quality or which represent a significant innovation or adaptation to the South
Florida Environment; or
(8) Have yielded; or may be likely to yield information in prehistory or history."
These criteria outlined by the Code do not indicate whether or not there must be
unrestricted access to the property.
The Morningside Historic District might serve as an example of properties restricting
access to the public. Currently, there is restricted access to properties located within the
Morningside neighborhood provided by a guard gate at NE 58th Street and Biscayne Blvd. and
street closures on streets leading out to Biscayne Blvd. Furthermore, a guard records the
license plate of each entrant thereby permitting access.
While the Morningside Historic District's guard gates provide a certain level of
restriction, the Ye Little Wood gated community provides a greater level of restriction in that
only residents or guests of residents are permitted to enter. Ultimately though, the Code is
silent the issue of access to the historic site. So whether the property under consideration can
be accessed when: (1) it is not visible from the public right-of-way, preventing the Board, even
with access into the community, from verifying the property's existing conditions; and (2) the
owner does not voluntarily permit access to the property seems to be critical. No authority
exists for entry onto the property without the owner's permission for the purpose of
designation.
Maria J. Chiaro, Esquire
Office of the City Attorney, Miami
44-1- S.W. 2nd Av :nue, Suite 94
2/ 1 /2007