Fleischer

However, the approvals came with a condition: That the authority of the Landmarks Commission be amended to grant City Council more authority over historic home demolitions, design and site review, and final say to neighborhoods seeking to begin application proceedings for historic districting.

The condition is a significant amendment for the future of existing historic districts, as well as other neighborhoods historically important to Memphis that have met the 50-year eligibility for similar landmark protections.

In 1992, the Central Gardens neighborhood faced a similar scenario. In a conflict that lasted 10 months, the ensuing debate by a subcommittee put into question whether or not the neighborhood would ever be approved for historic zoning protections.

The issue that angered developers then was the Landmarks Commission’s authority over the designs of more than 200 homes along an empty corridor west of Overton Park — the corridor that had been bulldozed a generation earlier for the proposed route of the I-240.

The commission also had come under scrutiny for placing restrictions on home renovations by the architectural firm owned by Marshall, who was said to have felt unfairly treated by Landmarks supporters.

For preservationists, even more discouraging were the prevailing attitudes of many city officials: the suggestion by representatives of Mayor W. W. Herenton administration that Landmarks was hindering development; and the position of 1992 council members such as Marshall and Shep Wilbun, who spoke in favor of either revamping or completely abolishing the Landmarks Commission.

“I think we just have been put in a bad light by a very few developers who have influenced the council and influenced the administration,” Tucker, Landmarks vice chairman, said at the time.

“We have no desire to usurp the council’s authority. We just want to preserve the city’s heritage and encourage development.”

Through 10 months and a half-dozen council delays, Central Gardens waited in limbo. The delays outraged Midtown citizens and cost the neighborhood two more bungalows on LeMaster after having lost numerous homes to apartment and condo developments in the 1980’s, and the historic Fuller-Norfleet mansion to demolition in late 1990.

Into the spring of 1993, council members reviewed several proposals, including changes to broaden Landmarks’ membership and make its actions appealable without going to court.

Of course there were — and still are — legislative and regulatory concerns with such proposals. Memphis is a state CLG (Certified Local Government), which by authority of the National Historic Preservation Act (NHPA) and Tennessee, authorizes Memphis to create historic zoning districts and calls for ongoing review authority by our Landmarks Commission.

Under the Tennessee guidelines of a CLG, Memphis must have historic zoning ordinances, enforce the ordinance by a 5- to 9-member commission, maintain a historic inventory, provide for public participation in local preservation, and maintain responsibilities under the NHPA.

In 1993 City Attorney Allan Wade — the same Mr. Wade who presides today — recognized the legal challenges inherent to gutting Landmarks authority, and advised council accordingly.

The late Council member Kenneth Whalum Sr., then chairman of the subcommittee and a longtime critic of the Landmarks Committee, finally conceded that many of the complaints against Landmarks were misunderstandings.

Ultimately, Whalum sided with Landmarks supporters. And after the committee’s findings were approved by council vote, Central Gardens’ landmarks application finally received a unanimous vote of approval in April 1993.

Thrilled, Central Gardens residents knew that the landmarks designation would give them another layer of protection in preventing historic home demolition and in retaining the neighborhood’s historic integrity, a designation that has allowed the neighborhood to thrive through 25 years of economic ups and downs.

The 1992-93 council determined that the basic duties and responsibilities of the Landmarks Commission remain the same, and moreover, recommended that commission guidelines be strengthened to further guide property owners in meeting historic standards.

“Essentially, the Landmarks Commission does what it is designed to do,” Whalum said then. “The mechanics from time to time might get slightly out of whack, but overall it does its job.”

It’s a job that has shown its worth, proven by 25 years of studies that show the long-term economic benefits of historic preservation.

The council is concerned that Landmarks is putting too many restrictions on development; Landmarks supporters believe the commission is doing what it is mandated to do.

A council subcommittee is working on a way to satisfy preservationists as well as developers, maintain our CLG status, and give all existing and future historic neighborhoods the full protections they deserve.

Mark Fleischer is the publisher of StoryBoard Memphis and serves on the Midtown Development Corporation, Central Gardens and Protect Our Aquifer boards.