Coral Gables Ranch House Demolition Stayed in Fight With Neighbor
A neighbor wins a temporary stay to block the demolition of a house in a dispute over historic protection.
June 23, 2020 at 03:49 PM
4 minute read
Plans by a member of Miami's well-known Valls family, which runs the Versailles and La Carreta Cuban restaurants, to tear down a Coral Gables ranch-style house have taken at least a temporary detour.
Miami-Dade Circuit Judge Lisa Walsh on Tuesday issued an order to temporarily stay the issuance of a demolition permit by the city.
The house at 1208 Asturia Ave. has pitted the city and owner Lourdes Valls against neighbor Maria Cerda and historic preservationists.
Cerda, who is represented by Miami attorney and civic activist David Winker, filed a writ of certiorari Monday against the city to appeal its decision rejecting a historic designation for the property.
The Coral Gables Historic Preservation Board in March denied the designation despite a recommendation to the contrary by interim Historic Preservation Officer Kara Kautz. The City Commission on May 26 upheld the board decision and shot down Cerda's appeal.
The lack of historic designation essentially opened the door for Valls to have the house demolished. Valls attorney, Gunster shareholder Angel Cortiñas in Miami, in a court filing wrote that she wants to have a "new, beautiful home" built on the site.
Walsh ordered the city to file its response to the certiorari petition in 20 days, staying issuance of a demolition permit until then.
City Attorney Miriam Soler Ramos said by email that the city would comply with the order.
Winker's petition said the city Historical Resources Department determined the house meets three criteria for a historic designation.
The 1937 house designed by influential architect Russell Pancoast, who also designed The Surf Club in Surfside and the Art Deco-style Bass museum building in Miami Beach, is in the traditional ranch style.
A staff report determined the house exemplifies historical and cultural trends, portrays the environment of an era characterized by a distinctive architectural style and embodies distinguishing characteristics of an architectural style.
The City Commission lacked competent substantial evidence when it determined the historic board was correct in finding the house met no thresholds to be designated as historic, Winker argued.
The city now must show there is no evidence that the house meets the historic criteria.
"We are going to save this house. Whatever you think about this house, this case and this litigation is going to show the city didn't follow its own laws and is not treating its residents equally," Winker said after the stay was issued.
Winker also filed an emergency petition for temporary injunction to stop the demolition against both the city and Valls.
Cortiñas countered that architect Ramon Pacheco, who argued on behalf of Valls in front of the city against historic designation, determined the property isn't a unique example of ranch-style architecture. Cortiñas also noted the home was built in 1937 before the boom in ranch-style architecture that started after World War II.
"Indeed, the property and its façade are so unremarkable that one member of the public commented at the first board hearing that he had walked or driven by it every day for years without ever noticing it," Cortiñas wrote in his response to the injunction petition.
Miami-Dade Circuit Judge Alexander Bokor held a hearing Monday on the injunction request but issued no order, questioning whether he had the jurisdiction to decide the question.
Bokor instructed Winker to submit an argument by Wednesday why Miami-Dade Circuit Court is the correct venue rather than the circuit court's appellate division where Winker filed the writ.
"I understand the issue. I really do. Unfortunately sometimes, or fortunately, we are bound by jurisdictional issues and what I can do. I am not sure this is properly before me," Bokor said during the Zoom hearing.
Ramos in an emailed response said the city is neutral about the injunction request and noted the issuance of a demolition permit was no longer an issue because Cerda filed her writ before the end of a 30-day appeal period.
"It is important to point out that the permit is not yet ready to be issued as it is still undergoing required reviews," Ramos said in her email.
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