Metro Jacksonville

QuoteLisa and Joel,

Preservation SOS would like to file an appeal against the COA which was issued for the demolition of 342 W. 10th Street.

According to the following ordinance, we are entitled to do so:

Sec. 307.202. - Standing.

Quote(c)
Any adversely affected person, other than a council member, who provided a qualifying written statement to or testified before the Historic Preservation Commission. As used herein, the term "adversely affected person" means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by this Chapter 307. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

The Springfield community, at large, will greatly suffer with the loss of this historic structure.  Preservation SOS has testified, repeatedly, at the Historic Planning Commission meetings about the damage to the historic fabric with the loss of over 25% of its structures.  The additional loss of this structure will cause irreparable harm to this Nationally Recognized Historic District.

Please advise us to the procedure we must follow to file this appeal as soon as possible.

This email was sent this morning

QuoteHi Gloria:

This item was approved for demolition at the April 28, 2010 HPC meeting, at the request of Property Safety pursuant to section 307.113.  It was at that meeting that legal authority was granted to the City to demolish the building.  Therefore, the timing for appeal would have been 30 days from the date of that meeting, through the filing of a petition for writ of certiorari in circuit court.  The appeal mechanism provided in Part 2 of chapter 307 only relates to appeals of decisions on applications for Certificates of Appropriateness, which is inapplicable to this situation since MCC isn’t required to pursue demolition through the COA process.  As such, this appeal is not the correct legal mechanism and has not been timely filed.  I am advising the Planning Department staff and the Historic Preservation Commission not to act on your submission.  Please contact me at 630-1087 if you have any questions.

Jason

anybody got any ideas??

This is craziness. The formal track is not even in the ordinance, it is a policy and yet the HPC voted to put it on the formal track. 

And there is no appeal process, even though the COA was plainly issued yesterday???

Same answer as always with COJ, sue. Unfortunately, the owner would be the proper plaintiff.

Can we be an "improper" plaintiff?

Is the owner even taking calls?  Looks to me like instead of getting a bill for the demolition ,they would entertain selling it . 

The real problem is with the commissioners who were charged to protect the historic fabric of the city. They chose to argue for hours over fencing while granting permission for houses to be demolish en masse.  They are the keepers of the history and they couldn't be bothered to check it out for themselves or ask for an engineers report or even question why it is necessary when the historic planners said the house was structurally sound .  They chose to believe code enforcement's version instead of their own planners and for the life of me I can't understand why.

They are the legal authority here.  They gave the permission.  The blood is on their hands.

This really starts with the MCEB and Special Masters, which as I've recently discovered, are completely rigged.

About who can sue, if the property is a contributing structure you have some argument as a historic preservation group, but it would be best if the owner were the plaintiff, there would be no arguments on standing/capacity.  What are his/her feelings on this?

See if Jax Legal Aid will take it on and file an injunction against the demolition. Or get he city council person involved. It is election season after all.

Jason,

Preservation SOS would like for you to reconsider the denial of the appeal for 342 West 10th Street based on the fact that  the "Formal Track" is policy and not ordinance.  Because there is no explanation of "Formal Track" in the ordinance it is impossible for the public to understand this procedure and therefore impossible for any appellant to "become aware of the staff action." 

Additionally, Preservation SOS has repeatedly requested the addresses of houses which are on the formal track from both MCC and HPC and has been denied this information, so the public is not aware of which houses are in danger.

Not only that but we feel that filing for a COA means that the work actually begins.

Gloria

Quote


Part 7, Appeal


1.7.100 Appeals from Decisions of the Commission. Appeals from decisions of the Commission shall be as provided in Chapter 307.201, et seq., Ordinance Code.


1.7-200 Appeals from on Staff Decisions. The Commission may, from time to time, delegate to Staff the responsibility for approving or denying (with or without conditions) certificates of appropriateness on matters which the Commission determines are commonly non-controversial listed under 307.107(a) or otherwise outlined under designation reports and guidelines. Staff decisions may be appealed to the Commission in the same manner that decisions of the Commission may be appealed to the City Council; provided, however, that no the appeal is filed in writing to the Commission within thirty (30) days of the appellant became aware of the staff action on the application, or the work begins. The Commission's legal advisor shall determine whether the appeal is timely, and, acting for the Commission, shall deny untimely appeals, and inform the Chairman of such action.

Gloria,
       Thank you for standing up for the houses in Springfield. There are so many that could be rescued but are being demolished. We're on your side! ;D

^+1,000!

Quote from: mtraininjaxSee if Jax Legal Aid will take it on and file an injunction against the demolition. Or get he city council person involved. It is election season after all.

the council person....we're talking Gaffney...nuf said on that

Oh yeah, Gaffney...SPAR's ass in the hole. Oops I meant 'ace.' No I didn't.

Don't expect any help there.