Wednesday, October 15, 2014

Echo House Gets Another Reprieve -- Former Mayor Gardner's St. Augustine Report

Slavin demolition appeal delayed
An appeal of The Historic Architectural Review Board decision to allow demolition of a portion of Lincolnville's historic Echo House will be continued to the next City Commission meeting while City Attorney Isabelle Lopez sorts out appellant Ed Slavin's standing to make the appeal.
"I don't know that we've ever done this before," Lopez explained as commissioners asked for procedures.
Slavin filed an amendment to his petition after learning that he had to either have legal standing - "typically a neighbor," Lopez said - or is challenging consistency with the city comprehensive plan, which Slavin's amendment contends.

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Dear Mayor and Commissioners:
A. Please accept this supplemental citation and kindly grant leave to amend the appeal to cite the inconsistency with our Comprehensive Plan, HP Policy 1.8, stating
"The City shall continue to enforce the provisions of Chapter 28 of the City Code pertaining to demolitions. Demolitions of structures which are in a locally designated historic preservation zoning district or which are listed on the Master Site File shall be approved by the Historic Architectural Review Board. Demolitions of structures through the City's building abatement program which are in a locally designated historic preservation zoning district or which are listed on the Master Site File shall be approved by the Historic Architectural Review Board. Demolition of any Colonial Period (1563-1821) structure shall be approved by the Historic Architectural Review Board. In all cases, the Master Site File form and a structural condition survey from a qualified individual clearly indicating the condition of the structure and its potential for rehabilitation shall bepresented to and considered by the board or commission in determining whether or not to approve the demolition." See F.S. 163.3215; Homosassa River Alliance v. Citrus County, 2 So. 3d 329 (Fla. 5th Dist. App. 2009), rev. denied, 16 So. 3d 132 (Fla. 2009) and discussion in prior E-mail.
B. Again, we have legal "standing" to bring this appeal from HARB's illegal refusal to do its job without fear or favor, as we requested and staff suggested. See staff report and my fifteen page attachment to my timely appeal filing.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998

-----Original Message-----
From: easlavin
Sent: Tue, Oct 7, 2014 3:06 pm
Subject: DEMOLITION of ECHO HOUSE, 100 MLK -- LEGAL SUFFICIENCY of HARB APPEAL -- YOUR APPELLANT HAS LEGAL "STANDING"

Dear Mayor and Commissioners:
1. Since the 1972 Renard case cited by our City Attorney, our Legislature and our Courts of our State of Florida have "significantly enhanced standing," overruling common law doctrine with a remedial statute. Homosassa River Alliance v. Citrus County, 2 So. 3d 329 (Fla. 5th Dist. App. 2009), rev. denied, 16 So. 3d 132 (Fla. 2009).
2. Our Florida Fifth District Court of Appeals in Daytona has liberally and correctly interpreted the 1985 remedial statute, F.S. 163.3215, which states that an “'aggrieved or adversely affected party' means any person or local government that will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, and environmental or natural resources. The alleged adverse interest 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." Homosassa River Alliance v Citrus County, 2 So. 3d 329 (Fla. 5th Dist. App. 2009), rev. denied, 16 So. 3d 132 (Fla. 2009), available at: http://www.5dca.org/Opinions/Opin2008/102008/5D07-2545.op.pdf or http://caselaw.findlaw.com/fl-district-court-of-appeal/1412067.html
3. Objectors Ed Slavin and Clean Up City of St. Augustine are committed to preserving and protecting St. Augustine and educating the public. We have been doing so since 2006, advocating a St. Augustine National Historical Park and National Seashore that would help us protect Echo House and other historic properties forever. http://www.staugustgreen.com/draft-legislation.html
4. Dubbed an "environmental hero" (by Folio Weekly Editor Ann Schindler in 2008), your conscientious Echo House demolition Objector, Ed Slavin, has helped empower "We, the People" locally to win some thirty (30) public interest victories since 2005. http://cleanupcityofstaugustine.blogspot.com/2014/06/saving-st-augustine-florida_21.html
5. The St Augustine Record vigorously defended me against an attack by a former Mayor in 2006. http://staugustine.com/stories/111906/opinions_if83a3k.shtml
6. Before HARB, under oath, I testified on June 19, 2014 against the demolition of Echo House, a 90-year old Spanish Mediterranean Revival building that was the last, posthumous gift of Henry Flager's best friend, Dr. Andrew Anderson, M.D. to our Nation's Oldest City. As you can see on the video, I was heckled, assailed and assaulted for it, with the HARB Chair (LEN WEEKS) failing to maintain order. Please see the tape of my testimony at http://staugustinefl.swagit.com/play/06192014-645 ; (40:10) The building is a treasured part of St. Augustine and would be protected by the St. Augustine National Historical Park and National Seashore Act that I drafted. http://www.staugustgreen.com/draft-legislation.html
7. Thus, we have legal "standing" to bring this appeal from HARB's illegal refusal to do its job without fear or favor, as we requested and staff suggested. See attached staff report and my fifteen page attachment to my timely appeal filing.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998



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