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Historic labeling may be avoided

Owners' wishes will be heard before a designation is made.

By JANET ZINK
Published October 27, 2006

TAMPA - In a move that disappointed people on both sides of the issue, the City Council on Thursday amended its historic preservation law to consider a property owner's wishes when deciding whether or not to designate a structure as historic.

On a 4-3 vote, the council, though, stopped short of requiring owner consent for historic designation, something the owners of five former cigar factories in Tampa had been arguing for.

"There are two very far extremes in the audience, and there's not a smile on them," said council member John Dingfelder. "We have struck a great compromise today."

Preservationists have been urging the council to leave the ordinance as is so properties can get historic designation even if owners don't want it.

"If you change that ordinance today, our history will be history," said Fran Costantino.

The debate started two years ago when the city's Historic Preservation Commission recommended designating 15 cigar factories as historic landmarks.

Five factory owners hired an attorney to fight the recommendation, saying they didn't want the designation because they'd need approval of an architectural review board to make changes to their properties. The council voted to include a provision in the code to allow property owners to opt out of historic designation, but city attorneys recommended a compromise.

Cigar factory owner Jeff Freeman said the architectural review process is burdensome and making repairs to protected buildings is expensive.

The cigar factory owners' argument appealed to council member Kevin White. "I believe individual rights come first," he said. "That should not be a portion of the equation. That should be the entire equation."

Council member Rose Ferlita, though, said the ordinance change addresses both her interest in protecting property rights and her desire to preserve the city's historic assets.

Janet Zink can be reached at jzink@sptimes.com or 813 226-3401.

[Last modified October 27, 2006, 00:31:12]