Reso 2024-3770 - Laserfiche WebLink

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Owner hopes to avoid a takings claim, denying demolition in these circumstances constitutes an unconstitutional taking of private property, especially where the cost of restoration or maintenance is so great that the owner would be precluded from making economically beneficial use of the property. See e.g., Lucas a South Carolina Coastal Council, 505 U.S. 1003 (1992) ("when the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered a taking"). Moreover, where the purpose of historic designation is to preserve a residential structure and it is no longer safe or possible to use or maintain the structure for residential purposes, these changed circumstances obviate the utility of both rehabilitation and historic designation.4 In light of the foregoing, Owner respectfully requests a certificate of appropriateness for demolition, with a duration of two (2) years and the ability to extend for another two (2) years, to provide Owner with the flexibility to obtain the full use and enjoyment of the Property for residential uses along with a structurally sound residential structure. Thank you in advance for your consideration of this request. If you have any questions, please don't hesitate to contact me. Sincerel , Ian E. DeMello, Esq. For the firm Beno Steinberg, New York City's Landmarks Law and the Rescission Process, 66 N.Y.U. Ann. Surv. Am. L. 951, 954 (2011). 4 It is also compelling that the Florida legislature preempted local ordinances that seek to prevent demolition of single-family residential structures in flood prone areas. § 553.79(25), Fla. Stat. ("A local law, ordinance, or regulation may not prohibit or otherwise restrict the ability of a private property owner to obtain a building permit to demolish his or her single-family residential structure located in a coastal high -hazard area, moderate flood zone, or special flood hazard area according to a Flood Insurance Rate Map issued by the Federal Emergency Management Agency for the purpose of participating in the National Flood Insurance Program if the lowest finished floor elevation of such structure is at or below base flood elevation as established by the Florida Building Code or a higher base flood elevation as may be required by local ordinance, whichever is higher, provided that such permit otherwise complies with all applicable Florida Building Code, Florida Fire Prevention Code, and Life Safety Code requirements, or local amendments thereto."). Page 17 of 98 28