Pursuant to Section 118-591 of the City Code, I am requesting a discussion item at the March 9, 2022, City Commission meeting regarding the Historic Preservation Board’s (HPB’s) recent direction to the Planning Department to prepare a formal historic designation report for the single-family home located at 93 Palm Avenue.

During its January 11, 2022, meeting, the HPB requested a formal historic designation report for the single-family home located at 93 Palm Avenue. The HPB’s decision ran contrary to the recommendation of the Planning Department, which issued a preliminary designation report recommending against the commencement of formal designation procedures, noting that the subject home: (i) lacks architectural merit; (ii) was not designed by an architect; (iii) is vulnerable to sea level rise; and (iv) is “unremarkable” except for its association with the notorious gangster Al Capone. Below are excerpts from the Planning Department’s preliminary designation report:

·         “It lacks the detailing and ornamentation of the more noteworthy examples of this style.” (6 of 15)

·         “The home located at 93 Palm Avenue is not a noteworthy example of the Mediterranean Revival style as it lacks the architectural detailing, massing and proportioning characteristic of this celebrated style.” (10 of 15)

·         “[N]o architect is listed on the building card and staff has not been able to locate any indicating that the home was designed by an architect.” (10 of 15)

·         “In addition to a lack of architectural merits, staff has concerns relative to the vulnerability of the home with respect to impacts from climate change and sea level rise.” (10 of 15)

·         “[S]taff does not believe that the association with Al Capone warrants the historical designation of this otherwise unremarkable example of a 1920s single family home.” (10 of 15)

Section 118-591 of the City Code provides that, within sixty (60) days of the HPB’s request for a formal historic designation report, the City Commission may, with a five-sevenths (5/7) vote, deny or modify the proposed request for designation, as well as establish specific timeframes for the completion of the designation report and/or the evaluation and recommendation process.

If the City Commission takes no action at this time, the Planning Department will proceed with the preparation of a formal historic designation report and will present this report to the HPB at a publicly noticed hearing. If the HPB recommends in favor of formal historic designation, this recommendation will be transmitted to the Planning Board and the City Commission, which may approve the formal designation by a five-sevenths (5/7) majority vote.

I am requesting this discussion because several members of the City Commission have publicly expressed strong reservations about the involuntary designation of single-family homes. If the City Commission is not inclined, by a five-sevenths (5/7) vote, to support an involuntary designation of a single-family home, we should consider whether it is prudent to expend additional City time and resources on this proposed designation.

Moreover, if the City Commission is inclined to allow the Planning Department to prepare a formal historic designation report, I believe the City Commission should establish specific timeframes for the designation report as well as the evaluation and recommendation process. Over the last 12 years, the HPB has twice attempted to designate single-family homes against the express wishes of property owners. In both instances, the City Commission voted overwhelmingly to deny historic designation, but the entire process took between eleven (11) months and sixteen (16) months. I do not believe it is appropriate to force a single-family homeowner to wait this long for the City to adjudicate his or her property rights. Thus, if the City Commission is inclined to allow this process to move forward, I request that any recommendation from the HPB be presented to the City Commission no later than the City Commission meeting scheduled for May 18, 2022.