Heideloff Property Denied ‘Historic Landmark’ Status
At odds were private property rights versus historic preservation. After hours of discussion, the city’s planning commission splits vote down the middle, effectively tossing out the application for historic designation.
It took nearly three hours, almost 20 speakers and dozens of impassioned speeches, but the Lakewood Planning Commission finally voted — in a split decision — that the Heideloff property should not be designated a historic property.
The home at 13474 Edgewater Drive is expected to be demolished to make way for a new $2 million lakefront home.
Members of the planning commission deliberated for about 45 minutes on Thursday, and with a new member encouraged to abstain, the vote ended with a 3-3 decision.
That effectively denied the motion to make the property “historic” under city ordinance.
At the center of the debate was the issue of private property rights versus historic preservation.
The neighbors, not the property owners, submitted the paperwork to make the mansion a historic landmark.
Mary Breiner, the applicant for the designation and resident of nearby Homewood Avenue, said she will likely appeal the commission’s decision and has 10 days to do so.
“In my mind, we have already said that this property is eligible be designated a historic property,” said commission member Robert Greytak, who voted in favor of the designation. “In my mind, (the code) goes from eligibility to designation.”
“I think it’s very clear that the designation is to prevent the demolition,” responded chairman Mark Stockman, who voted against the measure along with Mary Cierebiej and Tamara Karel.
“Why this house?” Stockman asked Breiner.
“The people who purchased this home have indicated that they are going to tear it down,” Breiner said, sharing several historical highlights of the property. “That would be a great loss.”
The historic landmark ordinance is written as a two-step process: First the planning commission must decide whether a property is eligible for the designation — which it did in December.
On Thursday, several people spoke out, on both sides of the issue.
At times the debate was intense.
A turning point came about halfway through the meeting, when Mayor Michael Summers, a neighbor of the Heideloff property, took to the podium to oppose the designation.
As a Ward 3 city councilman, Summers was one of the framers of the historic designation ordinance several years ago.
“I never in my wildest imagination would have thought that we would have a group of homeowners using this a tool against the wishes of (another) homeowner in Lakewood,” he said. “This ordinance was designed to protect the public infrastructure that we enjoy as a public arena. The notion of personal property rights and their infringement frankly was not a part of the discussion — I wish it had been.”
“We’re talking about property rights. We take that seriously.”
Peter Szeman, the attorney representing the Semaan family, made a plea for the commission to reject the application, citing the “financial hardships” the Semaans would incur based on a designation.
“It was good to hear someone make the comment that no one is against the Semaans,” he said. “But if you’re the Semaans, that’s not the impression you’re getting from this community.”
Szeman said the Semaans bought the house for $750,000 and learned that it’d cost an additional $600,000 to restore it.
“They bought the property because they fell in love with the property — it’s 2.5 acres and it goes up to the lake — it’s fantastic,” he said. “But not the house… It’s too late to try to salvage in an economically feasible way.”
“This house is an echo of what you may have once had (in this neighborhood),” he added.
Michael Semaan said that had the home been designated historic, he would have “split the lots into several subdivisions” and left the city.
“We never wanted this property designated,” he said, adding that the there was an addendum in the purchase agreement noting that point.
After the meeting, Michael Semaan thanked the commission.
The approval would have made the Heideloff property — built by a prominent Cleveland industrialist Wilfred Sly nearly 100 years ago — the city’s first residential “historic landmark” in Lakewood under the city’s ordinance.
But this isn’t likely the end of the issue.
The neighbors plan to appeal the planning commission’s decision, by resubmitting a reapplication.
Chris Olsen
7:09 am on Friday, February 8, 2013
my god, let it go.....someone wants to build a 2 million dollar home next to your half million dollar home....waaaaaahhhhhhhhh, i dont wnat my property value increased......have you ever lived in a duplex next to a meth dealer? life is so rough for you socialites.....elitists.
Sandra Rodriguez
8:47 am on Friday, February 8, 2013
I can understand both points of view, but I have to side with the issue of Property Rights and the Seamaans right to make the decision of what they want to do with their home. I would hate to buy a property for so much money and have the city or my Neighbors tell me what I can and cannot do with my property that I worked and paid for. That's gotta be the worse feeling in the world for the Seamaans and to have to continue to spend money by hiring an attorney to defend their rights to their property is sick! My heart goes out to them....sometimes people get so entangled in material things (like the historic home) and "being right", that they forget what matters most (people.)
1
9:31 am on Friday, February 8, 2013
From what I have heard, it isn't really about preserving anything. It's about petty control, and sticking their noses where they dont belong. Add to that a bag of money that was burning a hole in one of the "neighbor's" pockets. A neighbor who coincidentally wanted to buy the property but was turn down.
Welcome to Lakewood M&M Semaan - Build to your hearts content!!!
Tim
10:04 am on Friday, February 8, 2013
Here is a solution...if a community/city/government wants to declare something a community historic landmark building for community value, then the property should get a tax credit to compensate the owners for the extra work and limits on use. That way the community/government is paying for the benefits it is getting.
Timothy Carroll
11:26 am on Friday, February 8, 2013
Hopefully the City Council will move to amend this ordinance to clean up the issue of who may file for Historic designation and the rights of the property owner.
Right decision by the Commission.
Betty
11:34 am on Friday, February 8, 2013
I applaud the city for its decision. The owners said they would sell had it been designated an historic landmark, and who would then want to buy knowing the amount of expense needed to restore. Seems to me it would then be vacant, gone further into disrepair, and ending up on the auction block. That certainly would not
help the property values of the area homeowners!
The original Bill
11:59 am on Friday, February 8, 2013
Why was the new member of the commission encouraged to abstain from voting? It would have broken the tie. Which side "encouraged" the abstention?
The original Bill
12:05 pm on Friday, February 8, 2013
He bought the house for $750,000 and found out it would need $600,000 in repairs and they couldn't do it in an "economically feasible" way? How is spending $750,000 for a house only to spend a ton of money to tear it down and then construct a $2,000,000 house in its place "economically feasible"?
Brandon Scullion
9:22 am on Saturday, February 9, 2013
Thank you! This needed to be pointed out.
Steve
12:09 pm on Friday, February 8, 2013
Mayor Summers, It seems like you admit to a lot of problems, not doing your research, on a lot of issues when you were a councilman, "The notion of personal property rights and their infringement frankly was not a part of the discussion — I wish it had been.” Why did you support the pit bull ban here when there clearly was infringement on the good owners of these dogs? And let me add, never a pit bull problem HERE in Lakewood. Maybe it is time to rethink this ord. What do say, Mr. Mayor??? A house is a house, which can always be rebuilt, but a dog is family that cannot be replaced once put down (killed) only because of how it looks, not acts...
ian king
2:50 pm on Friday, February 8, 2013
JUST SAY NO! finally was the right decision here. For the neighbors to continue this fight clearly demonstrates what their real agenda is here - preservation of their so-called property values and limiting redevelopment of any kind in their own backyard.
That the vote was so close - 3 voting to grant landmark designation - is very scary indeed. I would not call this a win for individual owner property rights for Lakewood citizens at all. Just a very lucky win. Lets hope this new member sees the light of day and votes in favor of continued denial of landmark designation for this really rather ugly, outdated, nothing special home.
ian king
3:01 pm on Friday, February 8, 2013
I also found it amazing that the group fighting to obtain historic landmark designation for this house, compares it to other demolished homes that were once standing in Lakewood. Ok, SO WHAT? What is this fascination certain citizens of Lakewood have with preserving the lifestyles of the rich? What is so wonderful about admiring/desiring/fantasizing about homes of the rich? Will our school children learn anything about democracy or our city or our state or our country if this house is designated landmark status? What does the Heideloff house teach us that is historically important? Is it that the rich live better than us? Is it that the rich can obtain and then deny access to lake front property? What is to be learned from this? I find it sadly ironic that the citizens of Lakewood would become so involved in this issue while many homes in town are in disrepair, empty storefronts on almost every business block, and a whole lot of the east side of town falling into drug/crime hood. Wake up citizens of Lakewood and get over your fascination with relics of the wealthy past. This need to designate this historically unimportant house with landmark status is nothing but prostitution for the rich.
W. Brown
3:30 pm on Friday, February 8, 2013
It is frightening that anyone can file an application to designate someone elses property as a historic landmark. with all the restrictions that come with such designation. That unelected and unappointed people can expose the city to what could be extensive liability is simply wrong.
I suggest the ordinance be amended to require that any non-owner who files an application accompany it with a bond sufficient to make the owner whole if the application succeeds. If the application succeeds, the owner should have the option of selling the property to the city for the amount of the bond, or retaining the property, with his legal costs paid from the bond, the remainder of the bond to become revenue to the city.
ian king
3:39 pm on Friday, February 8, 2013
Great comment W. Brown! Lets take it a step further, and if a group of unelected and unappointed neighbors decide they don't like what you are planning to do with your own property misuse and abuse a governmental process such as landmark designation, then the property owner should be able to sue these same "good" neighbors for all expenses of any legal processes! maybe then these so called "good/concerned" neighbors would think twice about meddling into someone else's affairs/property!
James Murphy
3:34 pm on Friday, February 8, 2013
I know where that house is it sits way in the back and is all alone. there is a street with 7 -10 houses to the left and another street with more houses to the right what is historic about that 20 peoples houses back up to your property
ian king
3:41 pm on Friday, February 8, 2013
James, what is historic about this typical, common property - almost nothing! except it sits on the lake and has noisy/elitist neighbors who think with deep pockets they can abuse and misuse a government process that was meant to be used very sparingly and not to keep property values high - that being landmark designation!
ian king
3:45 pm on Friday, February 8, 2013
Final comment to the city's planning commission members who voted in favor of landmark designation: as a very high paying tax citizen of Lakewood, why would you grant this home such important status? will I and my children be able to visit this home and see what is it so important historically? will I be able to tour the inside and see the so-called grand staircase? does this make it historically important to the citizens of Lakewood? what will be the benefits to Lakewood if this house is given this should be rare designation? or will we be able only to drive by and gawk at a so called mansion from afar and envy the lifestyles of the rich = is this historically worth preserving? Please explain your vote in favor of abusing what should be a very rarely used designation - that being granting landmark designation.
1
8:36 am on Saturday, February 9, 2013
I love your comments ian king. Never stop!
ian king
9:44 am on Saturday, February 9, 2013
Well thanks m.z.1! Kindly appreciated and thank you!
I do try to create a bit more thought (or controversary!) in often too placid Lakewood/NE Ohio. I have live in Minneapolis, Kansas City, Philadelphia, Tucson, Chicago, San Francisco and now NE Ohio - and I find this area so amazing in many ways, yet so passive to too often just accept whatever is told the citizens they are expected to accept: like having a small group of elitists in the government grant a truly unremarkable and insignificant architectural home a designation that should be few and far between. We trust these officials to judge and rule on our behalf, but too often in NE Ohio I see that is not the case - it is corruption and old Rust Belt thinking. Hopefully my sometimes ranting comments will encourage others to become involved - and OUTRAGED! - also. Thanks again!
sharon o'donnell
10:36 am on Saturday, February 9, 2013
As a neighbor of the property I have to point out that the majority of us have no issue with the Semaans. We have lived next to an empty and decaying property for several years now and are happy to have someone who loved Lakewood enough to take on this property. Lakewood once had some stunning lakefront mansions. This house is the least of them. No one else wanted it and I have found it odd that no one tried to obtain the designation when it was for sale for more than two years and now, suddenly, it's a big deal.
Ian, I have seen the inside of the house. You aren't missing much. I'm sure the staircase and a few other nice features could find a new home if the new house doesn't reuse them. We need to put this behind us and move on. It makes Lakewood and some of its residents look ridiculous.
ian king
11:02 am on Saturday, February 9, 2013
Hi Sharon,
Thanks for the great comment! I toured this "mansion" when an estate sale was conducted there. To say the least, the interior was rundown, dirty, and sadly outdated. The room/floor layout is antiquated, and not conducive to today's more open floor plans. The kitchen was small, dirty and needs a total redo. The so called grand staircase is really nothing special. I have friends with homes in Shaker Heights that have a far grander entrance/staircase. Bathrooms were also outdated, small, and not agreeable to today's lifestyles. Some rooms were dark and smelled musty.
All in all, to designate this home a historic landmark is indeed laughable, and more than that, an abuse and mockery of the whole landmark designation purpose. My friends who are architects are shocked that the planning commission actually got this to a vote - and then to have the vote a tie! I agree it is time to move on = let the owners do what they want with their own lackluster, aging, rundown property. I am sure they regret buying, and are wondering why a small group of neighbors desire to take control of their home! These neighbors are the epitome of elitism/privilege, and along with complacent appointed and elected Lakewood officials, are pursuing their own interest above and beyond the common good/common will. This is not about preserving a wonderful/rare piece of Lakewood history - it is about preserving property values, limiting neighborhood residency, and abuse of government authority.
Mike
1:12 pm on Thursday, February 21, 2013
I think we need to take a lesson from the Europeans and start protecting our historic buildings and period structures. Like it or not Lakewood is known for its antique architecture and historic past. Protecting that reputation is everyone's responsibility. Anytime you cover that beauty with aluminum siding or replacing a beautiful piece of architectural trim on a house you downgrade the city. There are plenty of areas where a 2 million dollar house could be built and welcomed. If you let this one go, you stand the chance of turning Edgewater, Lake and all the side streets into cluster homes and out of place modern structures that add nothing to the ambiance of our city. Look at Detroit Ave. This was once a charming street of churches, locally owned small shops, theaters and family owned restaurants and taverns. How many more drug stores, fast food, banks and strip malls do we need here? If this continues we will start looking like Rockside Rd. at I-77. Keep that house standing as a part of our heritage. Send the Semaans to Avon or Westlake where they belong. And shame on you Mayor for blocking the designation.
ian king
2:48 pm on Thursday, February 21, 2013
Hi Mike,
No one is against the use of designating a worthwhile historical building a landmark. But just because Lakewood has lost/destroyed/demolished many of its historical buildings, does not justify granting such a lackluster and truly unimportant historically speaking house as the Heideloff is landmark status today. What is the heritage/history/importance of this house to the citizens of Lakewood? What is the heritage/history/importance of the Heideloff house to NE Ohio? And, more importantly, this case is really about whether a small group of wealthy neighbors can abuse/influence a local government's planning commission in order to control/determine the use and destiny of another neighborhor's own personal property = is this not so apparently government being used not for the common good but being abused for the desires/benefits of a wealthy/elite few? I agree with you that it is a shame Lakewood has lost a lot of its buildings that would today truly be worthy of landmark status. But this common, regionally ordinary house - yes house, it is not a mansion pleeease! - should not be misrepresented as being so unique and rare/special to Lakewood's history. It just isn't! This entire process has clearly been about today's property values and future neighborhood development than concern over granting Lakewood historical landmark status. The Mayor was spot on in blocking this, and I hope will be the planning commission. It is all a sad joke for the citizens of Lakewood.
Embarrassed Neighbor
4:52 pm on Sunday, March 3, 2013
This whole situation is completely and utterly bizarre. I've never in my life come across a group of neighbors wanting to fight against their fellow neighbor's property. Lakewood is undoubtably a historic community, and the qualities of most of the homes residing in lakewood can be considered "historical" and in need of "preservation" .... Why pick on this house in particular? Clearly, when this home was sitting vacant for years, doing nothing but taking up space and slowly eroding away, nobody took interest in attempting to repair the house or submit an application to turn this home into a historical landmark.. But when someone becomes interested in this property because they see potential in developing this old vacant house into something beautiful, all of a sudden an uprising stirs? Where were you people when this home was rotting away? I have attended many of these meetings and have seen these neighbors go against the semaans plan to develop this unused & unwanted property into something beautiful, suited for the family and admired by passerby. I am disgusted with the behavior of these neighbors, as they are putting a bad name on for Lakewood and making us seem as if we are an unwelcoming and malicious place prone to accepting change and modern development. I was more than thrilled to have heard that this worn down house was actually being adopted into the possession of a new family.
Embarrassed Neighbor
4:53 pm on Sunday, March 3, 2013
This property is nothing close to be labeled as a mansion, as the interior is nearly a disaster with the exception of a few newly repaired areas, but in all this home possesses extreme physical damage almost beyond repair. I hope Lakewood residents, realize that this is NOT acceptable behavior should not be tolerated by city council or the rest of our community. this obserd and cruel abuse of such a law that was created to protect homeowners and their property, was not intended to be used against those wanting to start fresh and expand our city. I see absolutely nothing wrong with the semaan's proposal, and I send my heart out to them for having to go through this amount of trouble. I wish you and your family nothing but the best and I hope all goes your way, and others will realize that history is meant for the past, and we need to accept that you can't hold on to the past in a place where our only hope is to continue to move forward. Best of luck to the semaan family!
ian king
5:28 pm on Sunday, March 3, 2013
THANKS so much Neighbor for comments that so many of us Lakewoodites feel. It is absurb that this process has gotten as far as it has. I guess being President of the Historical Society gives some more insider power access and treatment than us mere Lakewood tax paying mortals. Having lived in Philadelphia, in the Society Hill area, there were at times a very contemporary townhouse next to an 18th century Trinity home. And guess what, they were actually enhancing each other - the old and the new existing side by side = kinda like life! Lakewood needs to embrace its new citizens who are willing to first move here and then secondly spend a ton of money to make this their home. These neighbors are an shameless and greedy and self-centered and need to be called on their arrogance and abuse of the historic landmade status. What a shame this small group is giving Lakewood such a bad name/and reputation across the region!
ian king
5:28 pm on Sunday, March 3, 2013
THANKS so much Neighbor for comments that so many of us Lakewoodites feel. It is absurb that this process has gotten as far as it has. I guess being President of the Historical Society gives some more insider power access and treatment than us mere Lakewood tax paying mortals. Having lived in Philadelphia, in the Society Hill area, there were at times a very contemporary townhouse next to an 18th century Trinity home. And guess what, they were actually enhancing each other - the old and the new existing side by side = kinda like life! Lakewood needs to embrace its new citizens who are willing to first move here and then secondly spend a ton of money to make this their home. These neighbors are an shameless and greedy and self-centered and need to be called on their arrogance and abuse of the historic landmade status. What a shame this small group is giving Lakewood such a bad name/and reputation across the region!