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HomeMy WebLinkAboutPre-publication Submittal- Applicant/Appellant 07.06.2022BERCOW RADELL FERNANDEZ N LARKIN N TAPANES ZDNINQ, L%N,] 19F -D ENVIR MENTAL V Vl 200 S. Biscayne Boulevard Suite 300, Miami, FL 33131 VIA ELECTRONIC SUBMITTAL July 6, 2022 The Honorable Christine King City of Miami Commission 3500 Pan American Drive, 1st Floor Miami, FL 33133 www.brzoninglaw.com RE: Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street, Miami, Florida 305.377.6227 office 305.377.6222 fax Dear Chairwoman King: mtapanes@brzoninglaw.com This law firm represents Minor Street LP 1 (the "Appellant"), the owner of the property located at 7101 NE 10 Avenue and 1000 NE 72 Street (collectively, the "Property") in the City of Miami (the "City"). This letter serves as an update related to the community outreach efforts of the Appellant in anticipation of the City Commission's July 14, 2022 consideration of the appeal of Resolution HEPB-R-21-025. As noted in the Appellant's appeal, the Historic and Environmental Preservation Board ("HEPB") denied PZ-20-7931 (the "Application") on September 1, 2021 without regard to the City's codified review criteria. See Exhibit A, Appeal. In March, the Appellant submitted a letter to the City Commission clarifying a number of misconceptions held by the neighbors related to the Application. See Exhibit B, March 2022 Response Letter. Since March, the Appellant has held numerous meetings with residents of the Bayside neighborhood (the "Neighborhood"), the Bayside Residents Association ("BRA"), and the Prescott Committee of the BRA ("Prescott Committee"). The Appellant team has worked diligently with Prescott Committee and the Board of the BRA to make dramatic changes in response to the Neighborhood's comments. The changes have been well - received by the majority of the Neighborhood and have resulted in the BRA's Board unanimously voting to give its conditional support to the Application; the Board's support being conditioned on the formal implementation of the proposed revisions. See attached Exhibit C, June 29 BRA Board Letter. Honorable City Commissioners Page 2 Revisions in Response to Neighborhood Coordination. Below please find a description of revisions to the Application plans in response to Neighborhood comments since the HEPB's denial of the Application. The changes are also shown conceptually on the attached plans pages. See Exhibit D, Revised Concept Plans. The site plan in Figure 1, below, is shown for reference as the revisions are described below are broken down on a lot by lot basis. It should be noted that Lot 1 faces NE 10 Avenue and facilitates 270-degree views of the reconstructed Prescott Mansion, with its complete historical details. Lot 2 faces both NE 10 Avenue and 72 Street, and Lot 3 faces 72 Street. Aside from the Prescott parcel, Lots 2 and 3 most directly face the Neighborhood. --- j � Figure 1. Lot Key Lot Description of Modifications Lot 2 • Reduce size of home by approximately 40% resulting in a home size of approximately 3,800 Sq. Ft. A/C. • Reduce massing: • reduce ground floor storage areas, • reduce first floor area, • reduce and setback second floor area. • Reduce height: • 2 feet 6 inches reduction of overall roof height, Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Honorable City Commissioners Page 3 • 8 feet reduction of roof height facing 72 Street. Roof pitch changed to slope away from street so massing is much lower at street side. • Increase second floor setbacks: • 72 Street: approximately 33 feet away from existing property line, • NE 10 Avenue: approximately 33 feet away from existing property line. • Revise architectural features to emphasize clear Mid -Century styling and differ the architecture from the other proposed homes. • Emphasize primary entrance from 72 Street. • Add berms to the landscaping in order to bring ground closer to underside of first floor slab. Lot 3 • Reduce size of second floor of home by approximately 1,000 square feet • Reduce massing: • reduce ground floor storage areas, • reduce first floor area, • reduce and setback second floor area, • delete large portions of upper roof area, • set upper roof back from West elevation by approximately 15 feet. • Reduce height: • 2 feet 6 inches reduction of overall roof height, • 5 to 8 feet reduction of roof height facing 72nd street. Roofs pitch changed slope away from street so massing is much lower at street side. • Increase 72 Street setbacks: • the majority of the second floor is setback from the previous proposed position by an additional approximate 7 feet to 16 feet, • Increase setback from South property line to 8 feet. • Move section of ground level back from street by 6 feet. • Remove glass staircase entry tower and lower 72 Street roofline. • Reduce length of the overall house. • Create more articulation so as to break-up the 72 Street facade. • Revise architectural features to emphasize clear Mid -Century styling and differ architecture from the other proposed homes. • Add driveway entering from 72 Street. • Revise primary entry on 72nd Street to align with new driveway. • Add berms to the landscaping in order to bring ground closer to underside of first floor. Lots • Reduce massing by lowering overall roof heights by 2 feet 6 inches to 3 4 & 5 feet. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Honorable City Commissioners Page 4 • Revise roofline pitches to reduce appearance of height and reduce massing. • Revise glazing and styling to differ architecture from other proposed homes. Additionally, the Appellant is committed to continuing to work with the Neighborhood, and collaborate on issues affecting the entire community. Requests. In order to memorialize the modifications to the Application plans that have resulted in Neighborhood support, the Appellant respectfully requests that the City Commission approve the appeal, with the below conditions: 1. The massing of the proposed homes shall be reduced in accordance with the Revised Concept Plans. 2. The height of the proposed homes shall be reduced in accordance with the Revised Concept Plans. 3. The setbacks of the proposed homes shall be increased in accordance with the Revised Concept Plans. 4. The entrances on 72 Street shall be located as shown in the Revised Concept Plans. 5. The architecture of the proposed homes shall reflect Mid -Century styling as shown in the renderings of the Revised Concept Plans. 6. Berming shall be introduced generally in accordance with Revised Concept Plans, provided that stormwater retention and detention minimum requirements are satisfied. 7. The lots shall be sized and configured as shown in the Revised Concept Plans. Conclusion. As discussed at the HEPB hearing, the Property has been vacant for approximately fifteen (15) years. There have been numerous approvals to redevelop the Property, however none have proven to be economically viable and the historic Prescott Mansion has accordingly not been reconstructed. The HEPB arbitrarily and without regard to both the City administration and Appellant's evidence denied the Application. Nonetheless the Applicant team believes that the design has been enhanced through the HEPB review and appeal processes, as well as neighbor coordination. The City Commission's granting of this Appeal and approval of the COA with the above -noted conditions will result in reconstruction of the Prescott Mansion, restoration of a piece of Miami's architectural history, and four (4) thoughtfully designed single-family homes that will be resilient to sea level rise and contribute to the historic nature and style of the Bayside Historic District. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Honorable City Commissioners Page 5 For the foregoing reasons, we respectfully request that the City Commission grant this Appeal and approve the COA with the above -noted conditions. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues Enclosures cc: Arthur Noriega, City Manager Lakisha Hull, Planning Director Olga Zamora, Hearing Boards Anna Pernas, Historic Preservation Officer Victor Hernandez Carli Koshal Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com EXHIBIT A \� nBERcow RADE11 FERNANBEZ LARKIN + 7APANES ZGIANG, LAND IJS'c h:`; � FJV1ARCfY�ENiPi vv; 200 S. Biscayne Boulevard Suite 300, Miami, FL 33131 VIA ELECTRONIC SUBMITTAL October 11, 2021 Mr. Arthur Noriega City Manager 3500 Pan American Drive, 2nd Floor Miami, FL 33133 www.brzoninglaw.com RE: Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street, Miami, Florida 305.377.6227 office 305.377.6222fax Dear Mr. Noriega: mtapanes@brzoninglaw.com This law firm represents Minor Street LP 1 (the "Appellant"), the owner of the property located at 7101 NE 10 Avenue and 1000 NE 72 Street (collectively, the "Property") in the City of Miami (the "City"). This letter shall serve as the Appellant's appeal to the City Commission of Resolution HEPB-R-21-025 rendered on September 27, 2021, denying PZ-20-7931 (the "Application"). See Exhibit A, Rendered HEPB-R-21-025. The Historic and Environmental Preservation Board ("HEPB") denied the Application on September 1, 2021 with complete disregard of the City's codified review criteria. The Application was denied arbitrarily, and without regard to the substantial competent evidence presented by both the Appellant and the City administration. Standard of Review. This appeal is brought pursuant to Section 23-6.2(e) of the City of Miami Code of Ordinances (the "Code"). The Appellant hereby appeals the HEPB's denial of a Special Certificate of Appropriateness ("COA") to permit the redevelopment of Property with a reconstruction of the historic Prescott Mansion and four (4) new homes consistent with Section 23-6.2(h)(1) of the Code, Standard 9 of the Secretary of the Interior's Standards for Rehabilitation, and the Bayside Historic District's character (the "Project"). Arthur Noriega, City Manager Page 2 Section 23-6.2(e) of the Code provides that any aggrieved party may appeal to the City Commission a decision of the HEPB on matters relating to Certificates of Appropriateness by filing an appeal within fifteen (15) calendar days after the date of the rendered decision. Code Section 23-6.2(e) also provides that on appeal, the City Commission shall hear and consider all facts material to the appeal and render a decision as promptly as possible. This hearing shall be de novo and the City Commission may consider new evidence or materials. Accordingly, the Appellant hereby incorporates and submits this letter of intent, exhibits, and the June 1, 2021 and September 1, 2021 presentations to the HEPB in support of the Application, and provides the following information in support of the appeal. The Appellant reserves the right to present new evidence at the forthcoming City Commission hearing. Property Description. The Property is located east of NE 10 Avenue, between NE 71 Street and NE 72 Street, abutting the Biscayne Bay. See Figure 1, Property Aerial, below. The Property is located within an Upper Eastside residential neighborhood and the Bayside Historic District. The Miami -Dade County Property Appraiser's Office identifies the Property with Folio Numbers 01-3207-032-1030 and 01-3207-032-0630. See Exhibit B, Property Appraiser Summary Reports. Collectively, the Property is approximately 62,632 square feet or 1.43 acres in size. The northern section of the Property spans the length of approximately five (5) homes along 72 Street. The east side of the Property borders Biscayne Bay. While the Property is currently vacant, the entirety of the Property previously contained the historic Prescott Mansion, described further below. Figure 1. Property Aerial Appeal. The Appellant's appeal should be approved as the HEPB's decision failed to evaluate the project in the context of the City's codified requirements and failed to recognize several important facts and evidence in support of the COA. Most significantly, it is clear from the record that the HEPB failed to acknowledge the historical importance Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 3 of the Appellant's reconstruction of the historic Prescott Mansion, as it relates to the history and architecture of the Prescott Mansion and as it relates to the unique opportunity to accurately reconstruct a historic resource that has been entirely demolished, and the precedent established by the HEPB's previous approvals of modern mansions on the Property. Additionally, the HEPB failed to consider substantial competent evidence related to a) the appropriateness of modern architecture on the Property as an intentional juxtaposition with the Prescott Mansion; b) the proposed design's appropriateness given the flooding and resiliency measures required by the Florida Building Code and Miami 21 Code to ensure the longevity of the future development; and c) the increased compatibility of the proposed design in comparison with prior HEPB approvals, as well as through specific study and analysis of the surrounding homes. Finally, Section 23-6.2.(b)(4)(b) of the City Code requires that "the decision of the board shall include a complete description of its findings..." The HEPB did not provide substantive findings nor any clear reason for denial of the project at either the hearings or within the rendered Resolution. Prescott Mansion Background. The Property was originally developed with a winter home for Samuel J. Prescott. The home was constructed prior to 1925 in the Mediterranean Revival style of architecture and was commonly referred to as the "Prescott Mansion." See Figure 2, Prescott Mansion Photo below. Figure 2. Prescott Mansion Photo The Prescott Mansion fell into disrepair over time and in 2005, the City's Historic and Environmental Preservation Board ("HEPB") approved a COA for demolition of the Prescott Mansion. See Exhibit C, 2015 HEPB Staff Recommendation. The HEPB approved Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 4 the demolition on the condition that the Prescott Mansion would be reconstructed at a later time. In order to comply with this condition, the then -owner of the Property retained esteemed historical architecture expert Richard Heisenbottle to meticulously document the design and details of the Prescott Mansion.' These plans enable and inform the complete and accurate reconstruction of the Prescott Mansion. However, in spite of the obligation and means to accurately reconstruct the Prescott Mansion, the structure has not yet been reconstructed. Description of Project Proposal. The Appellant is proposing to reconstruct the Prescott Mansion at its full size, scale, and with its complete complement of architectural features. To our knowledge, the reconstruction and recreation of a fully demolished historic resource has never been undertaken in Miami. The Prescott Mansion is given prominence on the site and is visible from NE 10 Avenue, the approach to the site from NE 71 Street, and from Baywood Park, immediately south of the Property. Additionally, in keeping with the original architecture and style of the Prescott Mansion, the reconstructed home will be elevated on a stone pedestal to comply with Floodplain regulations and will take advantage of Freeboard regulations to ensure the longevity of the structure and proactively address sea level rise. The proposed elevation has the additional benefit of increasing the visibility and prominence of the historic structure on the Property. In order to facilitate reconstruction of the Prescott Mansion, the Appellant proposes to divide the balance of the Property into four parcels, compatibly sized with the surrounding context, and construct four (4), single-family homes on the Property, in addition to the fully reconstructed Prescott Mansion.' The configuration and size of the additional home sites have been specifically configured to grant the reconstructed Prescott it's prominent location and size. It's important to note that driveways and parking are internalized through a common interior public access road, which will limit the impact of the proposed homes on existing streets, allow access, and improve vehicular maneuverability for the entire neighborhood. The proposed homes will be of modern Mr. Heisenbottle has been engaged as the architect of record for the reconstructed Prescott Mansion and will provide first-hand knowledge of the original structure's character and detailing. This invaluable combination of detailed plans, vast historical architectural expertise, and personal experience documenting the historical resource enable and inform the complete and accurate reconstruction of the Prescott Mansion. 2 It should be noted that the Appellant's design initially proposed five (5) new homes, not four. The Appellant reduced the number of proposed homes in response to the HEPB's direct instructions that doing so would increase the compatibility of the proposal. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 5 design, but are designed to be compatible with and draw inspiration from the surrounding Bayside Historic District. HEPB Review. The HEPB initially considered the Application on June 1, 2021. At that meeting, a number of neighbors expressed concerns related to the size of the proposed parcels, their modern design, and their height, among others. As a result of these comments, and consistent with City staff's professional recommendation for approval, the HEPB indicated that consolidating the two smaller lots into a single lot would increase the compatibility of he Project with the context. Additionally, the HEPB indicated that the Appellant should again meet with the neighbors. The Appellant again met with the Bayside Neighborhood Association (the "Association") general membership on June 8, 2021 and received feedback on the proposed plans. 3 After the meeting, the Appellant's team began a full reconsideration of the proposed design in light of the HEPB's and Association's comments. In order to ensure that the board's and the neighborhood's comments were given thought and consideration, the Appellant requested a deferral at the July 6, 2021 HEPB hearing. This additional time gave the Appellant the opportunity to carefully analyze the comments and implement a number of modifications aimed at addressing the Association's comment. The Appellant team met with the Association's general membership again on August 4, 2021 to present the design modifications that were implemented. See Exhibit D, Narrative Response to Bayside Historic District Community Comments. The Appellant presented the HEPB with the revised design on September 1, 2021. At that time the HEPB acknowledged the significant changes and improvements that were made to the Project in response to neighbor comments, but was concerned that the neighbors were still upset. However, this concern translated into a denial of the Application which was not based upon the guidelines set forth in the City Code, as required by Section 23- 6.2(b)(4)(b) and failed to recognize several important facts in support of the Special COA. Most notably, the HEPB arbitrarily overlooked the Project's consistency with Section 23- 6.2(h)(1) of the Code, Standard 9 of the Secretary of the Interior's Standards for Rehabilitation, precedent of approvals for this site, as summarized below, and the Bayside Historic District character, City's staff's recommendation for approval, as well as the 3 The Appellant reached out to the Association and met with the Association's Architectural Board on February 10, 2020 and March 6, 2020. At each of these meetings the property owner's team listened to comments and implemented revisions responding to those comments. The plans that were submitted to the City for the H EPB's consideration were substantially the same as the plans presented to the Association's Architectural Board on March 6. Due to application delays association with Covid-19 and City staff turnover, the property owner's application was not scheduled for HEPB consideration until June 1, 2021. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 6 numerous design changes made over two years to satisfy and address the neighbor's comments, and the letters of support for the Project. See Exhibit E, Letters of Support. Precedent of Modern Design Approvals for the Property. The Property has been vacant for approximately fifteen (15) years, unable to be viably redeveloped with one or even two single-family homes. In fact, in 2003, prior to the demolition of the Prescott Mansion, the City approved a proposal to redevelop the site with a series of approximately ten (10) Mediterranean Revival and Modern villas. This approval has long -since lapsed, but is evidence that the site is simply too large of a bayfront parcel to support only two single-family homes and that this has been the case for decades. In 2005, as part of the application for demolition of the Prescott Mansion, the HEPB approved a new modern addition designed by Oppenheim architecture (HEPB 2005-76). In fact, during that approval process, a proposed design was explicitly rejected for being too architecturally similar to the Prescott and its context, which the board feared could lead to confusion between what was original and what was proposed. The 2005 HEPB cited the Secretary of the Interior Standards for Rehabilitation, Standard No. 9 ("Standard 9") as the basis for this position and as the basis for approving a modern addition on the Property. Standard 9 indicates: "New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. [Emphasis added.]" Building on this precedent, and confirming how Standard 9 should be applied to the Property, the HEPB has approved numerous modern designs on the Property since 2005. In 2013, the HEPB approved a modern structure that was limited to the northern portion of the Property (HEPB-13-00635). The resulting design for just that one home on the site was proportionately massive. It was an over 8,000 square foot residence with an outbuilding, which sprawled across the abutting 72nd Street frontage, and was elevated approximately ten (10) feet to comply with Floodplain and Building Code requirements. That home was not constructed. Then, in 2015, the HEPB approved a similarly massive home for the southern portion of the Property (HEPB-R-15-016). Like the previously approved 2005 Oppenheim design, the 2015 development included the reconstruction of the Prescott Mansion with a massive, modern addition. This home as approved was 22,193 SF. of gross area with 14,866 SF under air in size.. The HEPB in 2015 found the Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 7 scale and massing of the proposed addition to be compatible with the site and with the neighborhood. These approved designs, as is permissible by right, entirely eliminated the community's sense of connection to the bay.. The Appellant made this important and substantial precedent part of the public hearing record before the HEPB. The previous approvals present considerable evidence that larger, modern homes on the Property, as well as modern additions to the Prescott Mansion, satisfy the City's Code mandated criteria and Standard 9. The HEPB arbitrarily disregarded this evidence and precedent. Responsiveness to Flooding and Resiliency Measures. It should be noted that the proposed homes are elevated to comply with current Building Code flood requirements and proactively address resiliency and sea level rise concerns through their proposed design To be clear: the proposed homes comply with current building height requirements, however, due to flood and resiliency regulations the proposed homes' habitable spaces start at a higher elevation than the rest of the neighborhood. This is a unique conundrum which faces all flood -prone historic areas: how to balance compatibility with the past while complying with requirements and standards designed to provide structural resiliency into the future. The Project's design responds to this challenge by providing open breezeways below the proposed homes which allow for the passage of light and air under and through the elevated homes and provide a sense of connection to the bay - rather than increasing the height of the ground or bringing non - habitable, but fully enclosed, building spaces all the way to the ground. The homes are designed to "float" at their proposed heights and permit views through and between all structures. This design feature preserves the neighborhood'scommunity connection to Biscayne Bay. The HEPB did not give the City's flood zone regulations the appropriate weight, nor consider the Appellant's sensitive design approach to reconciling the City's flood zone elevation requirements with the Property's context. Public Benefit of Subdivision. As noted, the Property currently consists of two (2) platted lots, with no stormwater retention, a dilapidated seawall, and no vehicular maneuverability. Well in advance of applying to for the COA or requesting a public hearing, the Appellant met with the City's Public Works and Fire Departments to ensure the Project configuration was the best design to address subdivision related issues. Further, the Appellant provided the HEPB and neighbors with substantial evidence that the Project includes right of way dedications for the public benefit, a raised and improved seawall to protect the community from sea level rise, and on -site and abutting roadway stormwater retention. The Project alone cannot solve the Bayside Historic District's flooding problems, however, the Project is designed to fully comply with Chapter 54 of Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 8 the City Code and the flood mitigation measures included therein as part of its subdivision improvement requirements. Compatibility Modifications. In accordance with the HEPB's feedback and in response to neighbor comments, the Appellant made numerous changes to the proposed Project. These changes enhanced the Project's compatibility with the surrounding neighborhood both in terms of design and massing. Consolidated NW Lot. Most notably, the proposal considered by the HEPB on September 1, 2021 included one less single-family home than initially proposed: the recreated Prescott Mansion and only four (4) new homes. Specifically, the two lots that were previously proposed for the northwest corner of the site, at the intersection of NE 72 Street and NE 10 Avenue, are consolidated into a single, larger lot. Both the HEPB and the neighbors indicated that consolidating these two lots into a single site would result in a lot that was more compatible with the area. The Appellant shared the consolidated site schemes with the City's preservation staff and neighbors in advance of the September HEPB meeting. Based on a context study, the typical lot in this section of the Bayside Historic District is 7,500 square feet in size, and some parcels in the Property's vicinity include double lots or are larger. The previously proposed two lots were just over 5,000 square feet in size each; correspondingly, the consolidated lot is just over 10,000 square feet in size. This context analysis was included in the record for HEPB's review and consideration and satisfies Section 23-6.2(h)(1) of the Code as the new construction will not adversely affect the historic district. Instead, it is the continued vacancy of the Property that negatively affects the Property's relationship with the surrounding single- family homes and park to the south. Also, as confirmed by the HEPB's prior approvals, redevelopment of the Property without breaking it into smaller lots results in two massive homes and home sites; the size of the Property today is approximately the size of eight (8) standard Bayside Historic District parcels. It should be noted that the massing of the proposed home on the consolidated lot is sensitive to the neighborhood. The proposed home is positioned to step back from the neighborhood into the Property. Based on a study of the existing setbacks along NE 72 Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 9 Street, the setbacks are being adhered to and in some locations exceeded for both lots with frontages on NE 72 Street. See Figure 3. Setback Context, below. Figure 2. Setback Context Additionally, the home on the consolidated lot is oriented to show its "skinny side" to the neighborhood, reducing the perception of mass, and providing a pedestrian front entrance towards the neighborhood. The minimum open space requirement of the consolidated properties is thirty percent (30%). These designs provide just over forty-five percent (45%), well in excess of that requirement. This ensures the home is sensitive and compatible and reduces the opportunity for any negative impact; therefore, directly satisfying of Section 23-6.2(h)(1) of the Code. Genera/ Design Modifications. It should be noted that the homes were previously designed to draw inspiration from the architecture and materials of the Prescott Mansion. However, based on the HEPB's and neighbors' comments, the aesthetic of the four new homes were modified to draw architectural elements and inspiration from the surrounding Bayside Historic District as well. Consistent with Standard 9 of the Secretary of the Interior's Standards for Rehabilitation, the proposed new construction is differentiated from the historic architecture, but draws architectural features from the surrounding area. Similar to and consistent with the Bayside Historic District generally, the proposed homes have a common aesthetic, but none of the proposed homes are identical or include the same mix of design elements: each home is unique. Materials drawn from the surrounding neighborhood include a variety of exposed brick, limestone, concrete breeze block, natural wood, and stone materials. The proposed materials are local materials which were and are commonly utilized in the construction of buildings and homes in the Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 10 Bayside district. Additionally, the new homes now include better articulated Streamline Modern and Mid Century modern angled roofs and Art Deco eyebrows. Appellant provided a study of the surrounding homes in its presentation before the HEPB, and the HEPB failed to consider this evidence and follow the clear intent of Standard 9 to provide compatible architectural features. Finally, the Appellant modified the proposed homes with respect to size and massing. Previously, the homes included Zoning Waivers, among others, related to setbacks and the second story lot coverage. The Appellant reduced the massing of the proposed homes. Specifically, the second -floor lot coverage for three of the lots was decreased, resulting in parcels which all exceed minimum open space requirements. The Appellant modified the proposed homes and eliminated anticipated Waiver requests in direct response to the neighbor and the HEPB comments. In other words: the homes comply with the massing -related requirements for any new home in the district- and the HEPB failed to consider the changes made based on their requests and recommendations. In sum, the Appellant addressed the design related comments of HEPB and the neighbors, and these efforts were arbitrarily and capriciously ignored by the HEPB on September 1, 2021. In absence of approval of this proposed project including the subdivision of the Property, the Property would likely be redeveloped as two much larger homes, and consequently with little or no sensitivity to the community's connection to the Bay., or continue to remain vacant land, devoid of one of Miami's most iconic historic homes, and with no contribution to the beauty and sustainability of the neighborhood. The Appellant and the design team submitted substantial and competent evidence that each new home is consistent with the form, spacing, height, yards, materials, color, rhythm and window and door patterns of the surrounding district. In the face of this evidence, the HEPB disregarded the City Code's procedural requirements and provided no substantive comment, nor articulated a substantive rationale for denial. Conclusion. As discussed at the HEPB hearing, the Property has been vacant for approximately fifteen (15) years. There have been numerous approvals to redevelop the Property, however none have proven to be economically viable and the historic Prescott Mansion has accordingly not been reconstructed. In denying the Application, the HEPB failed to consider a) the appropriateness of modern architecture on the Property as an intentional juxtaposition with the Prescott Mansion; b) the proposed design's appropriateness given the flooding and resiliency measures required by the Florida Building Code and Miami 21 Code necessary to ensure the longevity of the future development; and c) the increased compatibility of the proposed design through specific study and analysis of the surrounding homes. All of the prior approvals were massive, Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Arthur Noriega, City Manager Page 11 modern designs and were found to be consistent with the application City's criteria. The Appellant worked tirelessly, over multiple years, with the City's preservation staff, neighbors, and the HEPB to address concerns. The Project includes recreation of the historic Prescott Mansion, using meticulously detailed plans of the original structure, proposed new construction which complies with the Standard 9 mandate for new construction to be distinguished from the old, yet include architectural features that are in harmony with the aesthetics and character of the historic district, lot sizes which are comparable, footprints which are minimal, and provide heights which comply with zoning and building and flood requirements. The HEPB arbitrarily and without regard to both the City administration and Appellant's evidence denied the Application. We do believe the design has been enhanced through the HEPB review process and the City Commission's granting of this Appeal and approval of the COA will result in reconstruction of the Prescott Mansion, restoration of a piece of Miami's architectural history, and four (4) beautiful single-family homes that will be resilient to sea level rise and contribute to the to the historic nature and style of the Bayside Historic District. For the foregoing reasons, we respectfully request that you promptly schedule this appeal before the City Commission. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues Enclosures cc: Olga Zamora, Hearing Boards Jeremy Calleros Gauger, Interim Historic Preservation Officer Victor Hernandez Ben Fernandez Carli Koshal Emily K. Balter Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com EXHIBIT A City of Miami HEPB Resolution Enactment Number: HEPB-R-21-025 File Number: 9076 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:9/1/2021 A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WITH ATTACHMENT(S), PURSUANT TO SECTION 23- 6.2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, DENYING A SPECIAL CERTIFICATE OF APPROPRIATENESS TO PERMIT THE REDEVELOPMENT OF TWO (2) VACANT LOTS, WITH THE FOLLOWING: SUBDIVISION INTO SIX (6) LOTS, RECONSTRUCTION OF THE PRESCOTT MANSION WITH NEW REAR ADDITION, NEW CONSTRUCTION OF FIVE (5) SINGLE-FAMILY RESIDENTIAL PROPERTIES, AND SITE IMPROVEMENTS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 7101 NORTHEAST 10 AVENUE AND 1000 NORTHEAST 72 STREET, MIAMI, FLORIDA, 33138, WITHIN THE BAYSIDE HISTORIC DISTRICT. WHEREAS, an application was submitted to the City of Miami ("City") for a Special Certificate of Appropriateness to permit the redevelopment of two (2) vacant lots with the following: subdivision into six (6) lots, reconstruction of the Prescott Mansion with new rear addition, new construction of five (5) single-family residential properties, and site improvements, for the property located at approximately 7101 Northeast 10 Avenue and 1000 Northeast 72 Street, Miami, Florida, 33138, within the Bayside Historic District; and WHEREAS, the City's Historic Preservation Office recommended approval with condition of the application as set forth in the Staff Analysis, which is attached and incorporated as Exhibit "A"; and WHEREAS, on September 1, 2021, the Historic and Environmental Preservation Board ("HEPB") held a duly noticed public hearing on the application; and WHEREAS, after consideration of the application during the public hearing, the HEPB hereby denies the application for the Special Certificate of Appropriateness pursuant to Section 23-6.2 and for the reasons set forth in the record; and NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Historic and Environmental Preservation Board ("HEPB"), pursuant to Section 23-6.2 of the Code of the City of Miami, Florida, as amended, and for the reasons stated on the record, hereby denies the Special Certificate of Appropriateness to permit the redevelopment of two (2) vacant lots with the following: subdivision into six (6) lots, City of Miami Page 1 of 2 File ID: 9076 (Revision:) Printed On: 9/27/2021 reconstruction of the Prescott Mansion with new rear addition, new construction of five (5) single-family residential properties, and site improvements, for the property located at approximately 7101 Northeast 10 Avenue and 1000 Northeast 72 Street, Miami, Florida, 33138, within the Bayside Historic District. Section 3. This Resolution shall become effective immediately upon adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Reviewed and Approved: t L Jere a11eros Gauger, ssis DirectorllnlerimHistoric res. Grrroer City of Miami Page 2 of 2 File ID: 9076 (Revision:) Printed On: 912712021 Property Search Application - Miami -Dade County EXHIBIT B OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-3207-032-1030 Property Address: 7101 NE 10 AVE Miami, FL 33138-5750 Owner MINOR STREET LP 1 Mailing Address 33 CHARLES ST EAST STE 3604 TORONTO ON M4Y OA2, CANADA PA Primary Zone 0104 SINGLE FAM-ANCILIARY UNIT Primary Land Use 0081 VACANT RESIDENTIAL: VACANT LAND Beds / Baths / Half 0/0/0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Size 28,525 Sq.Ft Year Built 0 Assessment Information Year 2020 2019 2018 Land Value $2,852,500 $2,852,500 $1,854,125 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $2,852,500 $2,852,500 $1,854,125 Assessed Value $2,852,500 $2,852,500 $1,854,125 Benefits Information Benefit Type 2020 2019 2018 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description WASHINGTON PLACE PB 20-54 LOT 133 & S2FT OF E75FT OF W175FT LOT 67 LOT SIZE IRREGULAR OR 18232-3912 0798 1 Generated On : 7/28/2020 Taxable Value Information 2020 2019 2018 County Exemption Value $0 $0 $0 Taxable Value 1 $2,852,5001 $2,852,5001 $1,854,125 School Board Exemption Value $0 $0 $0 Taxable Value 1 $2,852,500 $2,852,500 $1,854,125 City Exemption Value $0 $0 $0 Taxable Value 1 $2,852,500 $2,852,500 $1,854,125 Regional Exemption Value $0 $0 $0 Taxable Value 1 $2,852,500 $2,852,500 $1,854,125 Sales Information Previous OR Book - Price Qualification Description Sale Page 06/19/2018 $3,750,000 31026-2256 Qual by exam of deed Corrective, tax or QCD; min 03/24/2014 $100 29086-1746 consideration 04/20/2012 1$1,625,0001 28097-4819 lQual by exam of deed 10/01/2006 1$3,225,0001 25091-0175 Isales which are qualified The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version https://www.miamidade.gov/Apps/PA/propertysearch/ 7/28/2020 Property Search Application - Miami -Dade County Page 1 of 1 OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-3207-032-0630 Property Address: 1000 NE 72 ST Miami, FL 33138-5729 Owner MINOR STREET LP 1 Mailing Address 33 CHARLES STREET EAST STE 3604 TORONTO ON M4Y OA2, CANADA PA Primary Zone 0104 SINGLE FAM - ANCILIARY UNIT Primary Land Use 0081 VACANT RESIDENTIAL: VACANT LAND Beds / Baths / Half 0/0/0 Floors 0 Living Units 0 Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 0 Sq.Ft Lot Size 33,464 Sq.Ft Year Built 0 Assessment Information Year 2020 2019 2018 Land Value $3,346,400 $3,346,400 $2,175,160 Building Value $0 $0 $0 XF Value $0 $0 $0 Market Value $3,346,400 $3,346,400 $2,175,160 Assessed Value $3,346,400 $3,346,400 $2,175,160 Benefits Information Benefit Type 2020 2019 2018 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 7-8 53 42 WASHINGTON PLACE PB 20-54 LOT 67 LESS S2FT OF E75FT OF W 175FT & LESS N5FT & W5FT & EXT AREA OF CURVE IN NW COR FOR R/W Generated On : 7/28/2020 Taxable Value Information 2020 2019 2018 County Exemption Value $0 $0 $0 Taxable Value 1 $3,346,4001 $3,346,4001 $2,175,160 School Board Exemption Value $0 $0 $0 Taxable Value 1 $3,346,400 $3,346,400 $2,175,160 City Exemption Value $0 $0 $0 Taxable Value 1 $3,346,400 $3,346,400 $2,175,160 Regional Exemption Value $0 $0 $0 Taxable Value 1 $3,346,4001 $3,346,4001 $2,175,160 Sales Information Previous OR Book - Price Qualification Description Sale Page 06/20/2018 $4,000,000 31026-2337 Qual by exam of deed Financial inst or "In Lieu of 03/21/2012 $1,000,000 28044-4736 Forclosure" stated Financial inst or "In Lieu of 01/31/2011 $345,700 27587-0678 Forclosure" stated Corrective, tax or QCD; min 01/31/2011 $0 27610-2871 consideration The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version https://www.miamidade.gov/Apps/PA/propertysearch/ 7/28/2020 EXHIBIT C Staff: MN Application received: 1/23/2015 CITY OF MIAMI PLANNING DEPARTMENT Staff Report & Recommendation To: Chairperson and Members Historic Environmental Preservation Board From: Megan Schmitt Preservation Officer Applicant: Raphael Levy, Principal, Choeff Levy Fischman Subject: Item No. 10 — 7101 NE loth Avenue The applicant Raphael Levy, representing Prescott Bayview Estate, LLC owner of the subject property located in the Bayside Historic District, is requesting the approval of a Special Certificate of Appropriateness for the reconstruction of the historic Prescott Mansion, new construction of a wing addition, new pool and deck, and landscaping. BACKGROUND: The demolition of the deteriorated Prescott Mansion was granted by the HEPB in 2005 with the condition that it would be rebuilt. At the time, the approved proposal was to rebuild the Prescott Mansion and build a modern wing at the north side of the property; the project was never undertaken and the lot is still vacant today. THE PROPERTY: The Prescott Mansion was a two-story masonry structure designed in the Mediterranean Revival Style of architecture. The home was built for Samuel J. Prescott in the early 20th century, in the Washington Place subdivision. By the time of the Bayside Historic District designation in 1991, the Prescott Mansion was the district's most significant estate. The property fell into disrepair and after a series of hurricanes it was severely compromised and had to be demolished. HISTORIC PICTURES: HEPB- MARCH 3, 2015 Pagel of 3 Staff: M N ANALYSIS: Application received: 1/23/2015 The project calls for the reconstruction of the Prescott Mansion to be located 17-7" closer to the front property line and shifted south 40'-0" to allow an addition to be constructed on the north side of the property. To provide a wider separation between the rebuilt mansion and the new addition, the applicant will need to apply for a variance that will allow the rebuilt mansion to encroach into the minimum setbacks required. The rebuilt mansion will be elevated T-10" above grade to comply with FEMA requirements, therefore new cantelivered concrete steps will be added at the front entry elevation. Prior to demolition, the mansion was carefully documented by architect Richard Heisenbottle who is the architect responsible for the mansion's reconstruction portion of the new development. The building's ornamentation will be replicated as closely as possible to the original, all exterior features such as windows, doors, chimney, roof, and etc. will match the original. The new addition will be connected to the rebuilt mansion by a one-story glass structure located at the back northeast corner of the mansion behind the proposed gate minimizing the addition's visual impact on the rebuilt mansion giving the impression of being two separate buildings. The new addition's west elevation fronting loth Avenue will be only 25'-4" wide comparing with the 55%11" of the rebuilt mansion. The new wing will be placed alongside the north property line minimizing its scale and massing from the right-of-way view. The new wing will have underground parking and two habitable floors. The addition will be finished with board -framed concrete, stucco, glass, and Ipe wood and will have flat roof. The property's backyard will consist off a pool with deck, a outbuilding and three multi - leveled terraces and gardens. STAFF RECOMMENDATION: The Preservation Office recommends that the application for a Special Certificate of Appropriateness for the reconstruction of the historic Prescott Mansion, new construction of a wing addition, new pool and deck, and landscaping to be Approved with Conditions. HEPB- MARCH 3, 2015 Page 2 of 3 Staff: MN Application received: 1/23/2015 Conditions: 1- All glass shall be clear. 2- All building permits shall be subject to the approval of the HEPB officer for compliance with the special COA for new construction. This COA is subject to approval by zoning, building, and all other required city departments. HEPB- MARCH 3, 2015 Page 3 of 3 EXHIBIT D Response to Bayside Historic District Community Comments We appreciate the Bayside Historic District Community's time and comments, and we look forward to discussing the revised plans on August 4, 2021. Please find the property owner's response to the community's comments received on June 6, 2021. Design Modifications. In accordance with the HEPB's and the Association's feedback, the Applicant has made numerous changes to the proposed Project. These changes are aimed at enhancing the project's compatibility with the surrounding neighborhood both in terms of design and massing. Consolidated NW Lot. Most notably, the proposal now includes one less single- family home: the recreated Prescott Mansion and only four (4) new homes. Specifically, the two lots that were previously proposed for the northwest corner of the site, at the intersection of NE 72 Street and NE 10 Avenue, have been consolidated into a single, larger lot. The Association indicated that consolidating these two lots into a single site would result in a lot that was more compatible with the area. The typical lot in this section of the Bayside Historic District is 7,500 square feet in size, and some parcels in the Property's vicinity include double lots or are larger. The previously proposed two lots were just over 5,000 square feet in size; correspondingly, the consolidated lot is just over 10,000 square feet in size. (The other lots range between 9,699 square feet and 13,316 square feet.) The massing of the new proposed home is oriented to be neighborhood sensitive. The home has been positioned to step back from the neighborhood into the Property. Required setbacks are being adhered to and in some locations exceeded. Additionally, the new proposed home has been oriented to show its "skinny side" to the neighborhood, reducing the perception of mass. Provided open space for the consolidated parcel exceeds the minimum required thirty percent (30%) and just over forty-five percent (45%) is provided. Lush landscaping is provided to accentuate this open space. General Design Modifications It should be noted that the homes were previously designed to draw inspiration from the architecture and materials of the Prescott Mansion. However, based on the HEPB's and neighbors' comments, the aesthetic of the four new homes has been modified to draw architectural elements and inspiration from the surrounding Bayside Historic District as well. Consistent with Standard 9 of the Secretary of the Interior's Standards for Rehabilitation, the proposed new construction is differentiated from the historic architecture, but draws architectural features from the surrounding area. Materials drawn from the surrounding neighborhood include a variety of exposed brick, concrete breeze block, natural wood, and stone materials. Additionally, the new homes now include better articulated Streamline Modern angled roofs and Art Response to Bayside Historic District Community Comments Deco eyebrows. Further, while the new homes will always be taller than the surrounding older homes due to current Building Code flood standards, the homes have retained their elevated design which permits light and air to circulate between and beneath the proposed homes into the neighborhood. Finally, the proposed homes have been modified with respect to size and massing. Previously, the homes included Zoning Waivers, among others, related to setbacks and the second story lot coverage. The homes have been modified and these anticipated Waiver requests have been eliminated. Prescott Proposal. Pursuant to the HEPB's comments during the June 2021 hearing, the Applicant's proposal related to the reconstruction of the Prescott Mansion remains unchanged. The Applicant is proposing to reconstruct the Prescott Mansion at its full size, scale, and with its complete complement of architectural features. Zoning Waivers. The Applicant considered the Association comments and has implemented modifications that result in significantly fewer deviations of Miami 21 than initially proposed. The remaining anticipated Waivers are as follows: • Lot 1/ Prescott Site: • Waivers pursuant to Section 7.1.2.5.a.29 of Miami 21 to permit 10% principal front and side setback reduction; • Waivers pursuant to Section 5.3.2.b of Miami 21 to permit stair encroachment within setbacks; • Lots 3, 4, and 5: • Waivers pursuant to Section 5.3.2.b of Miami 21 to permit stair encroachment within setbacks; and • Waiver pursuant to Section 5.3.2.f of Miami 21 to permit access to mechanical floor. It should be noted that there are no anticipated Zoning Waivers associated with Lot 2, the new consolidated lot- and the parcel that is closest to and most visible from the surrounding neighborhood. Responses to the itemized comments follow. Response to Bayside Historic District Community Comments Topic Compliance with Historic District Guidelines Compatibility/ Architectural Design /Rhythm/ Layout Conditions for Resident Support Residents request strict compliance with existing guidelines for new construction within the historic district so that the new development will fit in with the existing neighborhood, and in particular properties within the immediate subsection of the neighborhood (Washington Place) where the proposed new development is located. Any development within the historic district must be "compatible" with existing homes, including with respect to size, volume, height, architectural design, greenspace, rhythm and pattern. Existing homes in the district have simple facades, lines, materials, landscaping, lots and fences; the proposed new homes are complex as compared to the surrounding homes, and the proposed new home plans have various angles in facade and windows high and low without coherency, congruence or order. Response The Applicant has modified the design of the proposed home to be more compatible with the Bayside Historic District. As noted above, the design of the homes has been altered to draw elements from the surrounding historic district. Special attention has been paid to new, combined Lot 2; Lot 3, which faces NE 72 Street; and the Prescott: these are the three parcels which directly face the neighborhood. The design of the proposed homes has been modified to draw design elements from the surrounding neighborhood. Materials drawn from the surrounding neighborhood include a variety of exposed brick, concrete breeze block, natural wood, and stone materials. Additionally, the new homes now include better articulated Streamline Modern angled roofs and Art Deco eyebrows. Size/Scale/Lot Size/Volume Response to Bayside Historic District Community Comments Residents request the subdivided lot size to be consistent with the Washington Place subsection surrounding area, which ranges from 7,500 to 20,000 square feet. Corner lots in the area are not less than 10,000 square feet and the smallest lots in Washington Place are 7,500 square feet. Fewer homes will allow for compatibility with the historic listrict. 'he aggregate square footage of he proposed six new houses !quals the square footage of 23 verage existing homes in the ieighborhood. Except for the 'rescott Mansion, new homes hould approximate the square ootage of existing homes. here are a limited number of wo-story homes in the historic listrict, and they are typically not djacent to each other. A levelopment consisting of all nulti-story homes will result in he appearance of a compound or ubdivision within the historic listrict. _here are various options for raising the homes to meet flood zone requirements. The Application contemplates a height that is in excess of existing requirements. The development should reflect existing FEMA and building code requirements, not 'anticipated' requirements that are not currently in effect and 'may' be introduced in the future. Many residents request berms as The NW corner lot has been redesign to now exceed 10,000 square feet (10,069 square feet). Lot 3 is 13,316 square feet and the Prescott parcel is 13,140 square feet. Accordingly, all corner, or corner -like, lots exceed the Association's suggested size. It should be noted that the interior lots are 10,455 square feet and 9,699 square feet, which is larger than the typical interior lot. New homes have been adjusted to comply with building setback and lot coverage regulations without Waivers. The proposed homes comply with City regulations as they relate to height. The undersides of the homes have been left as open as possible to preserve the flow of light and air and reduce the perception of mass. Setback Lot Frontage Response to Bayside Historic District Community Comments opposed to raised houses, to preserve compatibility with the existing neighborhood; there are no houses on stilts in the neighborhood. At a minimum, a professional independent and neutral third party study should be required to determine the impact of each on the neighborhood and environment, including with respect to flooding, water views and overall appearance. 95% of homes in the Washington Place section of the historic district have 10 feet side setbacks, resulting in at least 20 feet between most homes. This setback is unique to the district. In addition, homes on 72nd Street must be set back 20 feet from the road. Residents request that the proposed development be required to comply with existing setback requirements. Lot frontage of the surrounding existing homes ranges from 75 to 200 linear feet, and corner homes have two frontages. Residents request that the proposed development be required to maintain frontages consistent with the existing area. Consistent with other homes in the historic district, the fronts of The proposed homes comply with required setbacks. The new proposed home is setback approximately 20 feet from the corner of NE 10 Avenue and NE 72 Street, and the majority of the home is set back farther than the required set back. That said, there are three narrow corners which do extend out to the 10 feet setback line. It should also be noted that the public right of way along 72 Street is approximately 10 feet, resulting in the homes along 72 Street actually being approximately 20 feet inwards from the roadway. The parcels which face NE 10 Avenue and NE 72 Street exceed the minimum lot width facing these roadways. Additionally, the homes on these lots have been designed to have frontages and entrances facing both these streets and the common drive. Response to Bayside Historic District Community Comments Fences Docks/Manatees/Sea life/Environmental Impact any new homes should face the street, with parking entrances facing the street on which the houses are located. Residents request that any fencing be limited to six feet above the road (not above raised ground level as currently proposed), and not along 72nd Street or 10t" Avenue consistent with existing requirements. Any permitted fencing should facilitate water views. Fences and walls should be perpendicular to the streets. Before allowing any consideration of docks to be constructed adjacent to the proposed waterfront properties, residents request that a comprehensive environmental study be completed by an independent and neutral third party to determine any adverse impact of such construction on manatees and other sea life. The common drive allows cars to be parked within the interior of the site and not on the abutting roadways. In effect, the roadways get the benefit of having active entrances, without the vehicular movement that comes from having d riveways. Fences will comply with City regulations. Consistent with these regulations, fences along 72 Street will be in the second layer (10 feet back from the property -line, approximately 20 feet back from the street) and will not be greater than 6 feet. The property owner will comply with all applicable City and State requirements as they relate to the permitting and construction of docks. Raised Seawall Residents are concerned that, by ' The property owner is raising the raising the existing seawall around seawall in order to comply with the development area, water City requirements views will be eliminated and flood water will be diverted to the adjacent park and surrounding neighborhood. Response to Bayside Historic District Community Comments Public Benefit/Flooding The developer has stated that the residents will benefit from certain infrastructure proposed as a part of the Application, including sewer improvements, a higher seawall in the area immediately adjacent to the Prescott Mansion lots, and raised streets surrounding the lots. The new infrastructure as proposed is required for the development and benefits only the proposed development, and not the surrounding area. A question remains as to whether it will in fact exacerbate flooding in the area outside of the development. The residents do not view the development as proposed in the Application as having any public benefit. Residents have not been provided with a study or other fact -based evidence supporting the purported benefits to the community or reduction of flooding; the developer has acknowledged that such a study has not been performed. Residents query whether any proposed development that may increase flooding could include flood -reduction measures in the adjacent park area. Residents are concerned that, as proposed, the development will divert water from the development area to surrounding homes. The property owner will be complying with City Public Works standards and requirements. This includes on -site stormwater retention, drainage, and right of way improvements. The property owner is happy to work with the community and the City to request the City's attention to and intervention with flooding in the neighborhood. Response to Bayside Historic District Community Comments New Access Street "Compound" Residents request that any new streets required for access to subdivided lots be official city streets with public access, not a private lane. Residents also request that any new street terminate at the bay, like all other streets in the historic district, preferably with a turnaround area or pocket park. As proposed in the Application, residents are concerned that the proposed development will end up being a compound, or an area separated from, and visually different from, the existing neighborhood. The only street that terminates at the bay in the Bayside neighborhood is 72 Street. That roadway access is not being impacted. It should be noted that NE 69 Street curves to the north to intersect with NE 70 Street and NE 71 Street in a shape that closely resembles the proposed common d rive. The common drive allows vehicular driveway access to be internalized and keeps the maintenance of the roadway on the abutting property owners instead of the City, but still allows open public access. The common drive will be open to the public. The proposed homes are different- they are new construction within a historic district- and they face new regulations with respect to construction. Historic preservation guidelines instruct that new construction in historic districts should be distinct from the historic architecture- but compatible in other ways. As a result of neighborhood comments, the homes have been modified to include elements from the surrounding neighborhood, as well as adjusted to reflect the lot size pattern in the area. Response to Bayside Historic District Community Comments Prescott Mansion (and addition) Should be built on the original The Prescott is proposed to be footprint, not at the side of the located in the last approved existing lot encroaching (from a location for its reconstruction. mass, height, volume perspective) on a public park. Existing concrete parapet is the only remaining element and should be restored in situ at existing height. Royal palms are used in the district to delineate property boundaries; the remaining palms demarcating the original Prescott estate including on the side lot should be preserved in their present locations. A separate HEPB application will be filed related to wall. The wall is located within the City's required right of way; accordingly, the additional application will be necessary order to request its preservation. EXHIBIT E Mr. Jeremy Planning and Zoning Department, Acting Preservation Officer Miami Riverside Center (MRC) 444SVV2nJAvenue, 3nJFloor Miami, Florida 33130 RE: Letter ofSupport related ���7931- Special Certificate of Appropriateness for 7101N[10 Avenue and 1000 NE 72 Street Dear Mr. Ca/leros-Gauger { own the property located at 820 NE 70 St, Midmi FL, within the Bayside Historic District. The owner of 7101 NE 10 Avenue and 1000 NE 72 Street reached out to me to explain the proposed development related to those parcels. I understand that the design of the proposed development will be considered by the City of Miami's Historic and Environmental Preservation Board on June Is'. |amexcited about the proposed project and support the proposed design. | have reviewed the plans and renderings for the proposed project, | understand the Prescott Mansion that was once located on the property will be reconstructed pursuant to detailed historical plans, with a new modern addition. I also understand that the property will be divided Into a total of six parcels. | believe that the resulting parcels and homes sizes will be more sensitive to the Bayside Historic District context than redevelopment ofthe parcels asthey exist today. The proposed modern homes are beautifully designed with great landscaping and will be a benefit to this neighborhood. I appreciate the project's attention to public view corridors and the movement of light and air. I understand that tile homes are elevated and will appear taller than other homes in the area- but flooding is a major issue in this area and I look forward to the improvements this project will bring tothe area, including animproved seawall and drainage, Based onthe foregoing, / fully support the proposed design and ask the Historic and Environmental Preservation Board togrant the requested approval. Sin ` (\ (Print Name) � April 29, 2021 Mr. Jeremy Calleros-Gauger Planning and Zoning Department, Acting Preservation Officer Miami Riverside Center (MRC) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 RE: Letter of Support related to PZ-20-7931- Special Certificate of Appropriateness for 7101 NE 10 Avenue and 1000 NE 72 Street Dear Mr. Calleros-Gauger: I own the property located at 751 NE 70th St , within the Bayside Historic District. The owner of 7101 NE 10 Avenue and 1000 NE 72 Street reached out to me to explain the proposed development related to those parcels. I understand that the design of the proposed development will be considered by the City of Miami's Historic and Environmental Preservation Board on June V. I am excited about the proposed project and support the proposed design. I have reviewed the plans and renderings for the proposed project. I understand the Prescott Mansion that was once located on the property will be reconstructed pursuant to detailed historical plans, with a new modern addition. I also understand that the property will be divided into a total of six parcels. I believe that the resulting parcels and homes sizes will be more sensitive to the Bayside Historic District context than redevelopment of the parcels as they exist today. The proposed modern homes are beautifully designed with great landscaping and will be a benefit to this neighborhood. I appreciate the project's attention to public view corridors and the movement of light and air. I understand that the homes are elevated and will appear taller than other homes in the area- but flooding is a major issue in this area and I look forward to the improvements this project will bring to the area, including an improved seawall and drainage. Based on the foregoing, I fully support the proposed design and ask the Historic and Environmental Preservation Board to grant the requested approval. Sincerely, W,kz C rrva X / (Signature) Miisha Jones Andre Perry (Print Name) May 28, 2021 Mr. Jeremy Calleros-Gauger Planning and Zoning Department, Acting Preservation Officer Miami Riverside Center (MRC) 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 RE: Letter of Support related to PZ-20-7931- Special Certificate of Appropriateness for 7101 NE 10 Avenue and 1000 NE 72 Street Dear Mr. Calleros-Gauger: My husband and I own the property located at 800 NE 72" Street, within the Bayside Historic District. The owner of 7101 NE 10 Avenue and 1000 NE 72 Street reached out to us to explain the proposed development related to those parcels. We understand that the design of the proposed development will be considered by the City of Miami's Historic and Environmental Preservation Board on June 1 ". My husband and I have taken the time to thoroughly review the design documents of the project, in an attempt to understand the appropriateness of the project for our community. We understand that the Prescott Mansion that was once located on the property will be reconstructed pursuant to detailed historical plans, with a new modern addition. We also understand that the property will be divided into multiple parcels, to allow for the development of additional single-family residences in accordance with the existing nature and character of lot sizes and home sizes within the neighborhood. Following our review of the plans and design concepts, we would like to communicate our support for this project within our community. We are fully supportive of the reconstruction of the Prescott Mansion, pursuant to the detailed historical plans which were captured under the supervision of the HEP Board. We strongly believe that the reconstruction of the Prescott Mansion, will serve as an anchor to our community and will further work to boost the historic nature and unique appeal of our small neighborhood. The Bayside Historic District is already a known and cherished neighborhood within the City of Miami, and we believe that the reconstruction of the Mansion will only further its place in the City. Furthermore, we trust that the additional development of homes beside the Mansion, will be done in accordance with the recommendations/conditions of the HEP Board with the goal of ensuring that the character of the neighborhood is maintained and that the addition of the homes will feel seamless. There are several items within the proposed designs which have led us to this conclusion, primarily: • The commitment by the Project to ensure that the newly constructed roadway within the development will remain open to the public • The commitment by the Project to develop an advanced seawall • The commitment by the Project to incorporate public viewing corridors / sightlines • The commitment by the Project to seamlessly blend landscaping into the existing community and adjacent park In conclusion based on the above stated factors, I would like to express my support for the proposed design and development of the Prescott Mansion project, as I believe it will add to the beauty, legacy, and character of our neighborhood. Sincerely, VI_I__ Rebecca Saberi EXHIBIT B 1 BERCOW RADELL FERNANDEZ LARKIN TAPANES ZONING, LAND USE ANG .� ENVIRCNMENi . 200 S. Biscayne Boulevard Suite 300, Miami, FL 33131 VIA ELECTRONIC SUBMITTAL March 22, 2022 The Honorable Christine King City of Miami Commission 3500 Pan American Drive, 1st Floor Miami, FL 33133 www.brzoninglaw.com RE: Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street, Miami, Florida 305.377.6227 office 305.377.6222 fax Dear Commission Chair King: mtapanes@brzoninglaw.com This law firm represents Minor Street LP 1 (the "Appellant"), the owner of the property located at 7101 NE 10 Avenue and 1000 NE 72 Street (collectively, the "Property") in the City of Miami (the "City"). This letter serves as a request for a three (3) month deferral and response to neighbor comments associated with the the Appellant's appeal to the City Commission of Resolution H EPB-R-21-025 rendered on September 27, 2021, denying PZ-20- 7931 (the "Application"). As noted in the Appellant's appeal, the Historic and Environmental Preservation Board ("HEPB") denied the Application on September 1, 2021 without regard to the City's codified review criteria. See Exhibit A, Appeal. Community Responsiveness. It's important to note that the Appellant acquired the property in 2018 and began the design development process by meeting with neighborhood representatives. Preliminary meetings took place in July and August of 2018. With initial comments in hand, the Appellant embarked on the design development process. Once the design had evolved consistent with the preliminary comments, the Appellant again met with community representatives. The Appellant met twice with the Bayside Resident Association's Architectural Board, first on February 10, 2020 and then on March 6, 2020. At each of these meetings the property owner's team listened to comments and implemented revisions responding to those comments. The plans that were submitted to the City for the HEPB's consideration were substantially the same as the plans presented to the Association's Architectural Board on March 6. Honorable City Commissioners Page 2 Due to application delays association with Covid-19 and City staff turnover, the property owner's application was not scheduled for HEPB consideration until June 1, 2021. As detailed in the Appeal, the Appellant has met with the neighbors and further modified the project in response to comments. However, the neighbors continue to express concerns, some of which are rooted in misunderstanding of the project and the applicable City criteria. Noncontributing. It is critically important to understand that unlike the majority of the homes in the Bayside Historic District (the "District"), the Property is "non-contributing"; meaning it does not currently contribute to the character of the District, and the rules which apply to construction on the Property are different from the rules which apply to other, "contributing" homes. A different standard of review applies to contributing versus non- contributing structures. The difficulties faced by owners of contributing homes are not a basis for opposing new construction which satisfies the relevant criteria. Modern Design is Appropriate. Secretary of the Interior Standards for Rehabilitation, Standard No. 9 ("Standard 9") requires that "new work shall be differentiated from the old". Building on this requirement, and confirming how Standard 9 should be applied to the Property, the HEPB has approved numerous modern designs on the Property since 2005.' Home HeightFioodZone. The proposed homes comply with the applicable City single- family home height requirements: the homes are only two (2) stories in height and are less than maximum heights permissible. However, the homes are required to be elevated to comply with current Building Code flood standards and they proactively address resiliency and sea level rise concerns. In other words, due to current flood and resiliency building regulations, the proposed homes' first livable floor level (FFE) is higher than that of older homes in the neighborhood. However, the proposed design provides open breezeways below the proposed homes which allow for the passage of light and air under and through the architecture that will provide a sense of connection to the bay, rather than increasing the height of the ground level or bringing non -habitable, but fully enclosed, building spaces all the way to the ground. The proposed design carefully balances compliance with Building Code requirements with neighborhood - oriented design. This solution was preferred over alternatives such as enclosing the lower, non - habitable spaces at ground level. Further, by keeping the understories open, there is not a need to significantly elevate the grade of the Property which keeps the land elevation in harmony with the neighborhood's current grade elevation. The proposed design carefully balances compliance with Building Code requirements with neighborhood -oriented design. Based on their size, none of the prior approved designs were economically viable, and so have not been constructed. Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Honorable City Commissioners Page 3 Flooding. Flooding is a neighborhood -wide concern and not the obligation of a single property owner to address. The Appellant has committed to raising the seawall along the Property and maintaining stormwater on -site, as is required by City Code. However, it is beyond the scope of a single project to address flood concerns for the entire neighborhood. The Appellant has offered to join the neighborhood in requesting neighborhood -wide flood mitigation measures. Waivers. In response to neighbor comments, and prior to the September 1, 2021 hearing, the Appellant eliminated sixteen (16) out of twenty-three (23) Waivers associated with the proposed design through a series of redesigns as a result of meetings with the neighbors. Waivers for the parcel closest to community were entirely eliminated; Waivers remain for the recreated Prescott home in order to facilitate the reconstruction of the historic home, and (three) Waivers remain to permit access to mechanical rooftop equipment- one for each interior parcel. It's important to note that the Appellant modified the proposed homes with respect to size and massing, by increasing setbacks and reducing the second story lot coverage. The second -floor lot coverage for three of the lots was decreased, resulting in parcels which all exceed minimum open space requirements. The homes comply with the massing -related requirements for any new home in the district. The sizes of the proposed homes are not being maximized, even within the bounds of what is permissible through the City's Waiver process. Conclusion. The Appellant has committed to further discussions with the neighborhood. Accordingly, the Appellant respectfully requests a three (3) month deferral of the Appeal. This amount of time will allow the Appellant and the neighbors additional time to meet and discuss the project, while ensuring that all parties move forward diligently. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6227. Very truly yours, Melissa Tapanes Llahues Enclosures cc: Arthur Noriega, City Manager Olga Zamora, Hearing Boards Anna Pernas, Historic Preservation Officer Victor Hernandez Carli Koshal Bercow Radell Fernandez Larkin & Tapanes 1305.377.6227 direct 1305.377.6222 fax I mtapanes@brzoninglaw.com Dear Neighbors, Recently we have had several in -person and video meetings with representatives of the owner/developer of the Prescott lots. As a reminder, our main concerns have been: lack of compatibility with the historic district, irregular platting, excessive height, design that is too similar among houses, density/massing, placement of the Prescott mansion and resiliency. The developer has made significant and material conceptual revisions to their proposal. The board has reviewed the proposed conceptual revisions, and we are of the collective view that, subject to entering into an acceptable agreement to confirm our discussions and understanding, the BRA board is conditionally supportive of the revised plan. We are also circulating materials received from the developer which include conceptual drawings comparing previously proposed houses to the revised proposal, and a few pages describing changes proposed over the course of discussions in the past few weeks. Here is a summary of some the proposed changes: • Materially reduce the size and height of the house on the corner of 72nd (dropping the total height by about 3', but also completely removing about 1000 square feet of second floor area) — essentially making the house look much less "looming", more compatible, and reminiscent of a 1950s home; similarly reduce the size and height of the other houses • Emphasize the 72nd Street entrance for the two houses facing onto 72nd St • Put a garage/carport under the houses • Berm a large portion of the lots to reduce the appearance of a house on stilts and to mitigate the appearance of a huge house (the combination of part berm/part overall height reduction, reduction of second floor space has an impact on the overall appearance) • Completely redesign the houses so that they are not as similar in appearance; details to be confirmed, but different design and materials to be used for each house -2- The first floor (stilts part) is no longer enclosed • Cooperate with the BRA to expand the scope of the developer's environmental study to include impact on the surrounding area (not just their property) and work with us in dealing with the City for coordination of resiliency efforts We recognize that the revised proposal does not address 100% of the concerns raised by the community, but as a board, and after more than a year of negotiations, we are of the view that the proposal as revised will result in a more compatible addition to our community. The revised plans do not address our concerns regarding irregular platting or the relocation of the Prescott mansion, which will be about 2' South of its original location and likely closer to the street than it previously was, but still in alignment with the remains of the original gate. The revised plans do not eliminate entirely the use of stilts, but this is mitigated by partial berming, reduction in height, reduction in square footage of the second floor and not enclosing the lower floor. As you know the developer has scheduled a Zoom meeting for June 30 at 7pm to explain these revised plans. We encourage any interested members of the community to join this presentation to listen and ask questions. Representatives of the developer will also be in attendance at the July 4`h party to respond to specific questions. BRA Board PREVIOUS loth Ave. View PRESCOTT PROJECT —Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street EXHIBIT D PREVIOUS 72ND St. View PROPOSED REVISION, JUNE 28, 2022 72ND St. View BERM LOCATION AND SIZE SUBJECT TO STORMWATER RETENTION REQUIREMENTS PRESCOTT PROJECT —Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street �j r !V- I J -1jf - PREVIOUS VIEW OF LOT 2 FROM 72ND AS PRESENTED TO HEPB PROPOSED REVISION, JUNE 24, 2022 LOT 2 FROM 72ND twp-7 ----------- --------------------------- - - - - -- - - - - - - - - - JAIN, A� ME= --------- LOT 2 PRESCOTT PROJECT —Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street PREVIOUS VIEW OF LOT#2 / 72nd STREET PROPOSED REVISION, JULY 06, 2022 LOT #2_Roof Lowered 2'_06" to 8'_00" and Roof slopes reversed away from street and High roof area deleted and Massing reduced and SQ. FT. reduced Berm landscape added to at 72nd and Reworked entry at 72nd LOT 2 BERM LOCATION AND SIZE SUBJECT TO STORMWATER RETENTION REQUIREMENTS PRESCOTT PROJECT —Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street PRESCOTT LOT 2 COMMON DRIVEWAY PRESCOTT PROJECT_Appeal of HEPB-R-21-025 concerning 7101 NE 10 Avenue and 1000 NE 72 Street LOT 2 "VAN KADEY DESIGN DMGV 1 206M,ELAAfA 9066 e chrs@dzdesigncom cfzdesign.com o ! jungles 1116" = V-0" 7-06-2022 LOT 2 A-2.202 LOT #2 — LEVEL 1 DELETIONS ORANGE SHADED = SQ. FT. 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