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HomeMy WebLinkAboutR-94-0541J-94-585(b) 7/07/94 RESOLUTION NO. 9 4 - 541 A RESOLUTION GRANTING THE APPEAL OF JESSE H. DINER, PIERCE H. MULLALLY, AND JOHN R.W. PARSONS, AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH AUTHORIZED A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A 5' CBS WALTZ AT THE SOUTHEAST SECTION OF THE PROPERTY, A 5' WROUGHT IRON FENCE AT THE EASTERN END OF NORTHEAST 57TH STREET, AND A DRIVEWAY ALONG NORTH BAYSHORE DRIVE, FOR THE PROPERTY LOCATED AT 759 NORTHEAST 57TH STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA, SUBJECT TO CONDITIONS. WHEREAS, the Historic and Environmental Preservation Board (HEPB) at its meeting of April 19, 1994, following an advertised public hearing, adopted Resolution No. HEPB 94-10, which authorized a Certificate of Appropriateness for the construction of a 5' CBS wall at the southeast section of the property, a 5' wrought iron fence at the eastern end of Northeast 57th Street and a driveway along North Bayshore Drive, for the property located at 759 Northeast 57th Street, within the Morningside Historic District, Miami, Florida, subject to conditions; and WHEREAS, pursuant to Section 23.1-5(b)(4)(e) of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by Jesse H. Diner, Pierce H. Mullally, Resolution No. 94- 541 and John R.W. Parsons, neighbors of the property located at 759 Northeast 57th Street, Miami, Florida, on the grounds stated in their Notice of Appeal, filed May 4, 1994; and WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof justify reversing the decision of the Historic and Environmental Preservation Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby reverses the decision of the Historic and Environmental Preservation Board (Resolution No. HEPB 94-10, adopted April 19, 1994), which authorized a Certificate of Appropriateness for the construction of a 5' CBS wall at the southeast section of the property, a 5' wrought iron fence at the eastern end of Northeast 57th Street and a driveway along North Bayshore Drive, for the property located at 759 Northeast 57th Street, within the Morningside Historic District, Miami, Florida, subject to conditions, and grants the appeal giving rise to this hearing. Seotion 3. This Resolution shall beoome effeotive immediately upon its adoption. f PASSED AND ADOPTED this 14th day of July___, 1994. S PHEN P. CLARIt, MAYOR AT J/ City Clerk PREPARED AND-A-PPROVED BY: i W REN BZTTNER its istant City Attorney APPROVED AS TO FORM AND CORRECTNESS: Af Q4tfN-'JQVS, TTT City Attorvy M4474/WB/bjr I II,11y11C PIC`rl, atl+\n ('rnlCI 190 Sol,1 lu•a,l I, Terace \l1;u111. I�IInI\li1 ;;1.3I 1111mic. 305 / 358 9572 Ila.x: 305 / IS8 1162 199J•9j ()F F10ERS I',rsidcnl 1, ti \.h•,el , POSITION STATEMENT w Vicr PresuJrnt 1 --ph I. I lemdon 'nd Vice President \I,, nna Ralph Ireasurer ,enwel D L:, Roue \itimcl 1 11 ei Roper The preservation of the historical sites of Dade County is of utmost importance to \nr, Weller Dade Heritage Trust. Clearly there is no difference between a building and a vacant ,reretary property when the historical significance can be proven. Ilud Pinkney. 1'sst President I h„Ien, L Meted( The view from 70 feet of waterfront has been a part of the fabric of Morningside for rRUS'1'EFS 70 years. It was described in the promotional material of the development. It was ,.ugnl Amnud, ter, mentioned in the designation report for the National Register, and it has become a 1 ,Ir.nnt Capotc I<nnald Fields valuable asset to all residents and visitors to the area. Hr•aulah Hournu\ I'.Irnu•n Dean Jackson Itmh Jan,hs nms 1,ainen Dade Heritage Trust would like to go on record supporting the historic view of the Itax r, Ki VAsy \lx.i Horca Bay as it has been since the inception of the neighborhood, UNOBSTRUCTED. Ir.us Mrndc•r .•hs Pardo .,ncue Pool; \I.¢ncl seco ! lean sr,sa ,, .,it Warfrnan ADVISORS IYier Andollna . . \V,chacl W Beeman \1.dmda Cleary recoxc� Belli Dunlop a i I),,r(,ihy Fields Joseph Fleming item ,-7 Paul (icurxe \allye )ode Howard Rlember, 6 'Y kEa\1 I Ild.ly Matheson ( "� C1ei,; Reeky Roper Malkos V Y/ I.am Mever \nsiides Millas 1 hon,as R. Mooney I .•c Niblock Moore Parks 1>onald D Slesmck 11 ho,v lilgl,man Lllen Uguccioni Dori Valdes-Fauli I,xly Verrengia DIFF Revolving Fund President Michael Maxwell Acting Executive Director Margaret C Cook 94- 541 t r, Ir IYI Mt tAla,l 1' A aillit�' xaewlr RreY/a tv. 7Y.q y la,l.r IIYwr l,.rrs ` %r,i Hr.rl.fd V.c7 (l,r,a Nalw r, Fl. 311I1 2408 lA1,374 1n2 Yaft4T3877 1993 OCT 04 16.24 WARRANFY TEED TIIIS INDEN t URE is in" this _— -- day of S"mlrr, 1993 by And between McCormick Blair f/L/a Rohtrl Mc('onnit k Bair a/k/o Rankin N'.Xorntitk Blair, a rrionicd man, Iheranafter 'GRANTOR') anJ Nlicharl F.. Carver, a single iron and Strtrn I.. Pulakoff, a single man, as joint tatanta with nth. of euf,I rnF0111, And rx4 a Irnud. in uannxn IlwrrinAfter 'GRANTLLS,'I of 759 Northud 37th Street, Miami, Ilnnda 33118 GRAN I I LS' Unllal Stets Tar payer ItknIIfIIaIWn Numhrn we I54-38-4041 and 227-69.1448. }SI Ihf.!iAI11 Thal said GRANT09, for and in t, n.I Jeralltxt of the sum of Trot Lyollars uud other ttx)td arxl valuadrte t,naltknlorl, the tneil.l of whlth is hereby a,kru wlcdtrl, Iwreby grants, barium, ¢ells uxd uxtveya to ra,d GRAN'TLLS, then heir%, lrrwxtal relife—tlalrvea, w.cce is and sastrta. all of hia nghl, tale ertd tntercm in and to a trrtAIn putcl of tool prilvoy, situate in D" Clrumy, 1 Innds, noire panxulArly tdtrcnbo•J u follows: The South 107 fcr4 of llltkk 9 and all of Dltxk F of DAYSHORE UNIT NO. TWO, accordutt tit the Plat therruf a filexl for record in PIsI Ikxik 9, ►t Page 98 of the Public Records of Dede Ctxutty, IItm.ds. 11te Dark purity Property Apprurer'a Idmtifxuwn NuzrA t for the Property ire 01-3219-036 0010 and 01 3219-016 0030. Tlus Doed is executed suhiml to all rcalrxuoos, caxrttcata sad liuUtatwaa of record and WAS km the year 19,93 GRANTOR J4va+ hereby fully warrant utdc to Wi d Property Ltd will deftmd the cams agalaut the leerfud cluma of all persons wdtomooever. &tng tht tame prrpcny cuoveyod to GRANTOR by Deed dated Seplerabor 23, 1979, 6W for record S"nd+er 2S, 1979 in Olficta' Records Dnok 10524 at Pate 987 of the Pubtre Records of Dade Ctxrnly. Flunds, A 1TN ESS the GRANTOR list uusexd thta deed to be executed the day sad year first wntim above at Nl wail. FlusivIA. _ By f / ,/ C ValAI ' b �a ---. NAME: McCormick Blair f/k/o Robert McCorwkk Blair arks Rasakin McComb" Stak ADDRESS. 72O Nortbeast 69th Suva. IN•24 Mums. Fkxwda 33131 STATE OF F1,ORIDA► as DO(STFDEE 2,310.00 SURTX 0.00 COUNTY OF DADEI HARVET RlN1M, e,ERK DADE C"TYr FL THEN PERSONALLY APPEARED BEFORE: ME, w officer duly Authxtm! 10 admaaw trot!" aael imUve a,imowbdterrorua within the State of Fkrtda, McCurrrUA Blau f!k/a R ubw McConroi U— a•'th I—k- M.('trMA Blur, whit, havtat Pilo doted a •urreot FkxttL dnru's Iwneale aMdatude Phoki-phW wtmufiugxm. did carxute this fongusng Watranty Deed brbre ore, did a.lnml i dge aatd sAwuu,aa as ku free oat aad dood said did Mil (Ake an 0A.Lh. WrlI NF:SS MY IIAND AND OF'FSCIAL SEAL this yI ) ,w of Sop4cmhar. 1993 d Must, NAME: r` i t:"tilif NOTARY PUBIJC, STATE OF FLORIDA AT LARGE My Coautuutoo LgXres: r This lnatnsaeol Prepared By: I r ot7rNu Garto V. Lamta, Ea lwre NMAXY FlMX fTA7i Or FLJJV t'm MtlasON NO. CCMNW 3100 Pun" deLato ldotllevud Mr III t>,1 Au: I IOa Coral Gables. Flonds 33134 Submitted. into fl�.t :iL'-::io record in item - - e'=1- 1ricat y Hircd City Gle�rl� um, ass ass au,Na as4vp "not a1 0 a M tCaa./ a. etOa.aa. ah'Oae VOL%rs a K 'NEY R,rN ,CtIM CWU4''shi0 C 55 STATE .•F FL.1LIIA, ) ! COUNTN OP DADR. ) Before me, the undersigned authority, this day personally opprared James H. Oil " n and g. S. !!lodpett respectively vice-president and secretary of BAY SHOhg 11VRSTMINT COMPA" , a corporation orpanlsed and *%let Ing under the lawn of thr State of Delaware, to lee well known to he t).; persons described in and who exrcuted the forepring conveyance to Rranefs S. +fT.itten and severally ackronledped the execution thereof to be their free and voluntary , acrt and deed ae such officers for the times and purposes thtrrin expressed; that they affixed thereto %he official aral of said corporation by due and r•rulmr corporate authrrity, and said Ir.strument is tie free act and daed cf said corperstlen, IV N1TNB33 PIPM ,11P. I here hereunto net my hand and official coal in the count;and state afcremnid, thi twentieth day of March A. D., 1914. 1 � I ' 4 !i. E. De tan Notary <u c s e e or. a s args. C. SHAL) Yy commission expires January 13, 1925. Viltd for record March LO-19L4, at 1:15 F.M.. p hoc era in Dead Book 4Cb, on pave 51, Mitnees sp• hand and official goal, ► ubi,:11'A�� Cltrk. Ben shel.trd, 1 By -- - D•0• record 2l1 1a item_. ---------------- T)!I3 1aD8NTvj F,, Made this LOth d .y of Ilareb A. D., 1924. between BAY SHORE I!•'1KS7MMT COL',PAM , a body corpornte under the laws of Delawnre, haw g its principal place of 9 :r business at Miami, Florida, pnrty of the Iiret part, and J. H. Nunnally of the County of Dade in the State cf F1oTIda party of the second part. 'RITl1E1_k3RTH, That the anid party of tte first part for and in consideration of tF* sun of Ter Dollars and other Rood and valuable considerations, to it in )and paid by the said part of the second part, the receipt w)xreof is lereby aelmowledReA, has granted, baTmained and sold to tie said part of t).e second part, ).is leirs and asaipne for ever, the follr.wfi.: deecri'oed lend,,to _w_iL; ; All of Block Nine 19).` and Lots lfive (6), Six (6), and Seven (7) of Brook ! Ten (101 of BRY SH.)}'.R, a Bubmivioi.n of part of the South lislf (SJ) of Section 18, Township 53 South, hange 4C Rant, Dade County, Plcrida, an is sbcw on a certain map or plat thereof TeCOTAed in Plat Book 9, p•,ve 96. Dade County hecords. It is tinderatood and a greed t}et this deed is Riven subject to the following 1 rertrictions, which apply to all lots in Block@ 1, E. 3. 6, 7, 9, "A," "B", HAY SHOhg as the same are shown on pint recorded in Plat Book 6 at Pape 116 Dade County hecords; also to all, lots in bloc'ka 4 and 6, and Tracts "C" and "6" HAY 311Oi,r as t),e same are shown on revised plat, I 0 recorded in Plat Book 9 at rnre 60 Dadr County hecords; nlso to all lots In Blocke 9, 10. 11, 1E, I 16, 17, 18, and 19 BAY 3110.1: Unit Ito, E ra the anmr are nhown an plut records In Plat Boo;: 9 at Y page 90, Dade Counts hecords; each and every one of which ree'rictionn tie pa ty of the ercond part ter rby aRreen to observe ntO perform, to -nit: t v(n) The a>ove AeacrSbrd property stall never be sold, rented, let or leaned to any perncn otYrr than rf tte CA"Oftolnn race nor ninll any neroons otter ttnn of the CRUCAelan rnce ever be permitted to occrny tie preoisen as lesnee, vender or owner thereof. �. Ib) No building ntnll be cretalenced or erected or lr; anyn,•!ee constructed on the above property until alter the plane nvo speclficatinna ti rrefor Lave been approved by the (grantor herein in wrltinv. Tien tie bu:lAlry moot b, erecteA in accordquce witt acid plane a qnd nrectftentions, a col•y of suet plane and opeciripvLinns to he deporited wltt tt.e vrsntor e and to be retnined by it for its files. All bnntldtnr.s to be erected meet be erected of exterior Tnaonry walla, such as hollow tile, brick, cement brick or local rook, and must tave the ftntrishe' exterior rrf �$ surface material, such as face brick, stone or stucco. Wood frsnina shall not be .need for ex-terior walls, but may be tined for interior pnrtiticne and roof conotruction, If any laundry 1e built within nn; building tie tour wallo thereof must be fully ir,cloneA no en to conceal the interior thereof, and so tt.at enid iM erior may not be visible from tie streete and adjacent propertiee. �{ (a) The minimum price of reridenoes shall be as follows: 1 � 1. All of Block 1; lots E to 19 Incluai7e, Block E; lots 1 to 9 in- clunive, Blrrr. B; Seven Thousand Dollars ($7,000.00)including vsrnoe. l� E. Lots 1 and Co. Block E; lots 10 to 10 inclusive Block s; O11 of Tract p191; all of Tract "C"; all of Blocks 4, 6, 19. 16 and 17, lots 1 to lE inclusive, Block 63 Seven Thousand rive Hundred Dollars ($7,600.00) including garage. �/N. Lots 1S to RE inclusive, Block 6; lnts 1 to 66 Inclusive. block 7: all of Blocks 11 and 11; lots I to 4 incluaive, and 0 to 11 inclusive, Block 10; lots 1 to x 6 inclusive, and 9 to 1S inclusive, Block 19; Hine Thousand Dollars ($9,000.00) inaludinv garage. 4. Lots Eli to 106 Inclusive, Block 7; lots 6, 6 and 7, Block 10; lots 6, 7 and 8, Block 19; Ten Thousand Dollnre ($10,000.00) including garage. 6. All of Blocks 8 and 9; Thirteen Thousand Dollara ($13,000.00) in- cludtng RaTasee. The amointe named above must be actually expended in the construction and erection of said reoldencen and garagee and m all be exclusive of any fees paid for archi- trots and exclusive of the cost of planting and landscaping the grounds. (d) No buildin- or any portion thereof, including porches and projections, erected on Iota in Blocks 1, E, 3, 4, 6, 6 and 7 shall be placed nearer the front property line than thirty feet; In the care of corner lots in said blocks, no such portion of nay building %hall be placed nearer tie aide street line flan twenty feet. No bulliing or any portion thereof, including porches and projections, greeted on lots i, Blocks 10, 11. 1E, 16, 17, 16 ant 19. and Traots "f" and "A" shall be placed nearer the front property line tlnn twenty-five feet; in the case of corner late in said blacks and tractn, no suot portion of any buildina shall be placed nearer tt.e side street line than twenty feet, rrovided, however, that Sa the case of late 8 and 7 of Block 10. and loth 6 and 8 of 'q4 I J Ifir, , .5'7 MCI( t Blrek 19, no such portl•r of any buildlnv al,all be placed nearer than twenty-five feet from i either the front or aide street linen. And no building or any portion thereof ix lndlnpr par- ches and pro;eetlono, shall be clover t1,an fire (d) feet frm any adjoining property lint. And In ease of bay Front lots no building or Lny portion thereof including porat4 a and projeo- ! tlona, stall be closer than fltty (60) feet from the Pay at its nearest point, and no ouch per - Lion of any building atoll extend within seventy -fire (75) feet of Bay Short Drive. (e) No builiinv or structure shall be uned or erected on the property other t)otn bn11d1nFe for strictly residential purronee exceptlnr the necessary varages to be deed in connection therewith. This provision shall exclude the erection and operation of bottle, apartment houses, duplex residences, bunineas houses of all kinds, and In connection with the garages, it is understood that no gsrape @hall be built on the property and used fey residential pnrpo@es .erA1nP. the erectionand construction of the mair residence. Provided, however, and it 1e distinctly understood that the prohibition herein contained against the erection and rperation of hotels and apartment houses shall not be deemed to include the following property, to wit; It is understood and wreed that this deed Ir ftiven cubject to a certain 4ee6 of trust encumbering the herein described lands, trcetler with other lands, which deed of trust Becure@ bonds aszgregnti" the glum of Two Hundred Thnusand bollsre ($E00e000.00), re- corded in Yortpaoe Book 111. page 38E of the l,ublic heoorde of (fade County, Florida; and also subject to a certain mrrtgage encumbering the herein described lands, toptther with other lends. whieb mortrage 14 totted Mreh 1, 1930 and secures the payment of a Rum of Party Th misand DollarB ($40,000.00) recorded In llortaage book 104. pave M of the Aublle heoorde of Dads County, Florida; both of which encumbrances the Grantor herein specifically agrees to pay on or before April 1, 1y26, an a part of the consideration of the purchase price of the lands de- scribed above. All of Block Aight (a), lyinv North of Lot Vlfty-four (54) thereof; all of Blocks "A", on,, "B"; all of Tracts "C" and "E"; all of Block four (4). Hotels and apartment l houses may be constructed and erected on the lands just described, but tie plena and specifi- cations therefor must, bef,re the work is commenced, be first submitted to and Approved by t1.e grantor herein, said grantor recerring the right to reject any plane and specifications when such nlans and specifications are not satisfactory to it and in connection therewith, its i decision shell be conclusive and final. (f) No boathouses, shelters or buildings of any kind shall be •rented on I thx Bay in front of any Bay front lot except that a landinv for boat purposes shall be permit - tee, provided tint such lending shell not be Maher than the fresent bulk heed wall and shall II ...� hot exteno out into the bay a distance of more than fifteen (16) feet from the present balk head wall, measured at right angles at the point wt:ere•the wofk is being done. The prohibition': against the erection of docks, boat houses and the like shall net however extend to or corer the property set out in Block "A", but as to this blvek, such structures are permitted. i (9) While the deeds to Bay front lots carry riparian rights thereunto belonring.,yet it in understood and agreed by all persons acceptinp. deeds for Bay front lots that no fills will be made Into tl.e Bay in front of any ouch property until and unless the fill Is agreed to by all the property owners owning property in Blocks Eight (Q. and Nine (9) . { li (h) Only one residence shall be erected on any one lot or on one and a II fraction of another lot as shown by t)e plat; but this provision, however, shall not apply to 1 iA Sutt., t „ ' ��1C _.j- item to the Late in Blocks Seven (7), Hight (9( and ;Vine (9)1 with'Teferenee to Blocks 7, 9 and 9, it is understood as follows: In connection with Block Seven no reeidence ehmll to treated upon any plat of less than fifty (50) foot frontage; in other wordr;,fn order to erect two residences a party must purchase at Ieaee one hundred foot frontage. And in connection with Blocks eight and nine no residence shall be @rooted upon any plot of lees then one hundred foot frontape; In other words, in order to erect two rosldencem a party must purchase Fit least two hundred foot frontnpe. J (i) No lot or building of any kind shall be used for illegal or immoral V purposes, and no horses, cows, hope, cattle or poultry shall be permitted to be raised or kept upon sold property. (j) All deeds to property in BAY SHO:F: are given nublect to a certain reservatio, am to shrwn on the aforesald plat, in which rerer ntinno the bmier reverves an easement rlrht tt place underground all neeorenry condnits, pipes, mains, wren, cables and the like for the purpose of furnlehing to the property in all maid blocks water,pee, phone service, electricity, sewer dlaroea?. sod tie like, together with necessary riphts of ingress and egress. Each Find every otw of the above covenants and crnditione shall be o m- sidered covenants running with, tie IaM nrx3 shall be binding upon tie party of the second part, as well as his heirs, executcre, adm:nietratore or aeetpna. And the said party of the first part does hereby fully wsrrent tie title to said land and will defend tie same apainet tie lawful claims of ell persons whomsoever. IiI 111TNH.39 A!ErEOF, ti.e said party of t1.e liret part has hereunto caused Its corporate nave and seal to be set and affixed by its President, the day and year first above written. (Corporate Seel) Attest; E, S. illod et_t _ —3ecre pry.. 4igued, sealed and delivered in the presence of: M. E. Denton Olive L. Naoo BAY SHUR: INVEST',7S11T COMPAn, By Jame S. Gilman ce- rem en'. $7E.00 I. h. stamps caneelled. STATE OF FLOnIDA ) ) ee. OOUNTY OF DADS. ) Before me, the undersigned authority, this day personally appearod James P'r B. Gilman and E. S. Blodgett redpectively vice-president and secretary of BAY 9110i.9 i rISTit1G t COMPAEY. a corporation organized and ealettnp under ti'e laws of the state of Delaware, to me well known to be the persons described In and who executed the foreRoinR oonveynnoe to J. H. j 9ubUlly and severally acknowledged the execution thereof to be their free and voluntary act and dead as such officers for tleunea and purposes therein expressed; that they affixed thereto the official seal of sold corporation by due and regular corporate authority, and the said In- a [� j 15V r. item strumer.t is the free act and deed"bf iafA`eerporn ticn. 1N WITNESS wHRhBOF. I have hereunto met my hand and official seal In the county end state aforesaid, thin twentieth day of March A. D., 19E'. M. E. De to i o sty ru c 5 e• o or a et Large. (!:.P. SEAL) Ky commission expires January la, 1926 Filed for record "reb E0-1924, at 1:15 hoeorded in Deed Book 405, n pope 55, witneas my hand anA official seal, Ben •t!pord, Clerk. i 9y— — A.C. 711:8 IHTENTUi.Lr, Node this 12th day of March A. D. 1924 between J. E. ROBINSON. Joined b: his wife, KAT* YI1 A. 1,0BINs011 of Dade County, Flnrida partieo of the firrt part, and W. J.La1MB T. of Lade County, Florida, party of the mecoM part, NIT493SHTN.. That the main parties cf the first part for and in consideration of the sum of ien dollaru and other Food and valuable conolderations, tr them in Tend paid by the snli norty of the neccnA pert, the receipt whereof to hereby acknowledged, have granted. barMined and sold to the osid rarty of the eeocnd Vert, iris heirs and forever, the following described lend, situate, lying and being in County of Dade state of Florida to -wit: Lot Nine (9) of Blrck Three (3) Boulevard Park, an addition to the city of L'lami, Florida, according to the plat tierrof recorded in Plat Book 9 At pare 55 of the Pnblie ; hocords of Lade county, Florida. And the said partite of the first part do hereby fully warrant the title to said lard and will defend tie some aeainnt the lawful claims of all persons whonsoever. i IN WITHE33 WIEhROF, the e'iid patties of the fist part have hereunto set their hands and seals at Miami, Dade County, Florida the day and year first above written. signed, sealed and delivered In the pres,nee of: hoselind Garfunkel _ J. 8, hobinson (seal) Emily Humphreys Kathryn A. I,obineo4 (seal) J I 0 s �,. •ate s e,,..., „r.,f DAY $HOA& d/FdlT otOcAW 01&^ 14 Ime. fe, r7+ iS a say P*b—,%7 MO. X.Ow .att �'nr 6Y TMtS1 vt�st�xrs ea�++aA ' r•� l� •Al asrA�t evrtlTAttvvT r*7M+yy�/ ♦� syMir, � lrs.sard r M�9' io � � �'�"'� ria bs/a �'►�"".tKORC, lkMITX��swf liab �+rj•,e+� b�aMs�rta �' .swrJ� �f ptan.i �d !lard �a da,•�MO.r{.� [ate. ,$ n�i crsar� d 8r++rl"" �Ld lw1 p+sK!$'�'O �'•1°d � rsfL:r«s b^�e7 ,yya•r �J Ai. as10lAW Dios Bsede•�9rd . � d arA+sA __ peg.sa•i aC Ave /fie rad '�.f?' SN0.4h ate' 1ra1+'s� Id�rrN '?MoAr'���Wp• A/,,.�+v fi �1+J�+Psei�e� wm •/ � P"�'f � N �e.rsria r.� prr �w��+►� AIe r'�•irr! is � rys.rwe �[ Ov rsea.w d nrw'e a° �^" AMA tln�P d as s euenc ov resPTAiOAfY ►CrRCIBROt JM Arir?T r Ale 0 Al sEw •lamed JTATC tlP r{vq v: �x 8y • ,gyp o• ®i• ®q iyagyTY LP A ����„i.� lhlry Pa �4y�/r+.+'fy d�A►A E N� �O O ♦ Ae�py..ir J� r v 9ira. ;a.6;+ Lf pinri wd �A�ar t"'/ R'h(_ d�J_ pgf�rp as' AA AW.. }����,�v��+�r Abe pad a✓ /N;®+:, 1Lsaa a"`��' $sr Prad Ay 1S[Sf 'pia TMl pW ..ad �� Af►�-i yyrs esv yma�► by � iuf a �,, This ow.*.rwo �,1.� as tfM si Al.•.rr` PiMr pTC3T 77ria A+ r•w Chapter 23.1 HISTORIC PRESERVATION* Sec. 23.1.1. Intent and purpose. See. 23.1.4. Designation of historic sites, historic districts, Sec. 23.1.2. Definitions. and archeological zones, Sec. 23.1-3. Iiistoric and environmental preservation board; Sec. 23.1.5. Certificates of appropriateness. preservation officer. Sea 23.1.6. Administration, enforcement, violations, and penalties. Submr f' I •._ -- t..e Public lt£?I21 , *City code cross reference —Historic aid environmental preservation board, § 62.70 et seq. Supp. No. 39 1643 i S°..-,bmittod into the pul.)',c recard in ^.\ item �_.._._ / 14 lqtf % HISTORIC PRESERVATION $ 23. I See. 23.1.1. Intent and purpose. (a) The intent of this chapter is to preserve and protect the heritage of the city through the iden- tification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miami's his- toric, architectural, and archeological resources. This chapter is further intended to: (1) Effect and accomplish the protection, en- hancement, perpetuation, and use of struc- tures, landscape features, archeological re- sources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the city's historic, cultural, archeolog- ical, aesthetic, and architectural heritage; (2) Foster civic pride in the accomplishments of the past; (3) Protect and enhance the aesthetic and en- vironmental character, diversity, and in- terest of neighborhoods; (4) Stabilize and improve property values in neighborhoods and in the city as a whole; (5) Protect and enhance the city's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy; (6) Promote the use of historic sites, historic districts, and archeological zones for the ed- ucation, pleasure, and welfare of the people of the city. (b) The purpose of this chapter is to: (1) Provide the framework and legal mecha- nism for identifying and designating those properties that have major significance in the city's historic, cultural, archeological, aesthetic, and architectural heritage; (2) Assure that alterations and new construc- tion within designated historic sites, his- toric districts, and archeological zones are compatible with the property's historic char- acter. (Ord. No. 10876, § 1, 4-25-91) See. 23.1.2. Definitions. The following definitions shall apply only to this i chapter: 1 S N 39 1 23.1.2 Alteration. Any change affecting the exterior ap- pearance of a structure or its setting by additions, reconstruction, remodeling, or maintenance in- volving change in color, form, texture, signs, or materials, or any such changes in appearance of designated interiors. Applicant. The owner of record of a property and/or structures located thereon, or his legal represen- tative. Application, complete. An application for approval sought pursuant to this chapter shall be deemed complete if it is on a form approved by the city, and all applicable information is provided by the applicant on the form, or attachment(s) as neces- sary, at the time of its filing and it has been re- viewed and signed by the appropriate official and if all required fees are paid. In the event a com- plete application has not been heard by the ap- propriate board within ninety (90) days of filing, it shall be deemed withdrawn and a new applica- tion must be filed. Archeological conservation area. A geographically defined area delineated in the Miami Comprehen- sive Neighborhood Plan on the Future Land Use Plan Map Series entitled "Historic District Bound- aries and Historically Significant Properties Mer- iting Protection." Archeological site. A single specific location which has yielded or is likely to yield information on local history or prehistory. Archeological sites may be found within archeological zones, historic sites, or historic districts. Archeological z6ne. A geographically defined area which may readonabiy be expected to yield infor- mation on local history or prehistory based upon broad prehistoric or historic settlement patterns. Certificate of appropriateness. A written document, issued pursuant to this chapter, permitting spec- ified alterations, demolitions, or other work. Contributing strjucturellandscape feature. A struc- ture or landsc4e feature which by location, de- sign, setting, materials, workmanship, feeling, and association adds to the sense of time and place and historical development of a historic site or historic district.! 1646 i ...r�wlsvl���■■i r _ - _ ram^. ■ C a ecorcl in 'HISTORIC PRESERVATION 1 23.1.5 Each appeal shall be accompanied by a fee established by the city commission to cover the cost of publishing and mailing notices of the hearing. The city commission shall hear and consider all facts material to the appeal and render a decision promptly. The city commis- sion may affirm, modify, or reverse the board's decision. The decision of the city commission shall constitute final ad- ministrative review, and no petition for rehearing or reconsideration shall be considered by the city. Appeals from decisions of the city commission may be made to the courts as provided by the Florida Rules of Appellate Proce- dure. f. Changes in approved work. Any change in work proposed subsequent to the is- suance of a certificate of appropriate- ness shall be reviewed by the preser- vation officer. If the preservation officer finds that the proposed change does not materially affect the property's historic character or that the proposed change is in accord with approved guidelines, standards, and certificates of appropri- ateness, the officer may issue a supple- mentary standard certificate of appro- priateness for such change. If the proposed change is not in accord with guidelines, standards, or certificates of appropriateness previously approved by the board, a new application for a spe- cial certificate of appropriateness shall be required. g. Conditional uses and deviations. The board shall issue special certificates of appropriateness for conditional uses and deviations, pursuant to the provi- sions of article 7 of Ordinance No. 11000, the zoning ordinance of the city as amended. (5) Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire twelve (12) months from the date of issuance, unless the authorized work is commenced within this time period, Supp. No. 39 (c) Guidelines for issuing certificates of appro- priateness. (1) Alteration of existing structures, new con- struction. Generally, for applications re- lating to alterations or new construction as required in section 23.1.5(a), the proposed work shall not adversely al%ct the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surround- ings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door ., ­ openings openings in building facades; nor shall the �. proposed work adversely affect the special , character or special historic, architectural or aesthetic interest or value of the overall historic site or historic district. Except where special standards and guidelines` I have been specified in the designation of -a particular historic site or historic district, or where the board has subsequently adopted additional standards and guide- lines for a particular designated historic site or historic district, decisions relating to al- terations or new construction shall be guided by the U.S. Secretary of the Interi- or's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." (2) Demolition of existing structures. a. The board shall have authority to deny a demolition permit only where such authority is provided as a condition of granting a conditional use or substan- tial deviation under the provisions of section 704.4.4 of Ordinance No. 11000, the zoning ordinance of the city, as amended. b. Except as provided in (a) above, the board may grant a certificate of appro- priateness with a delayed effective date up to six (6) months. The effective date shall be determined by the board based upon the relative significance of the structure, the probable time to arrange an alternative to demolition, and 1651 j r. t.,�;. w.. ... .._..........,ia,...rneM1�Y+►�AYtl�M�4+'«Ww.n�n.� .. , g 23.1.6 violation of this chapter shall be required to re- store the designated property either to its appear- ance prior to the violation or in accordance with a certificate of appropriateness approved by the board. The following procedures shall govern, (1) Referral to preservation board. The plan- ning, building and zoning department shall refer all violations to the board, unless such violation is voluntarily corrected to comply with a previously issued certificate of ap- propriateness. (2) Preservation board public hearing. The board shall conduct a public hearing with notice as set forth in section 23.1-5(b)(4)a. (3) Decision of preservation board. The board shall make findings based upon the provi- sions of this section and the guidelines set forth in section 23.1.5(c) and shall take one (1) of the following actions: a. Reaffirmation of a previously issued certificate of appropriateness; b. Issuance of an amended special certif- icate of appropriateness with specified modifications and conditions; or c. Issuance of a new special certificate of appropriateness with specified condi- tions. The board may specify a reasonable limita- tion of time within which the work autho- rized by the certificate of appropriateness shall be commenced or completed, or both. Appeals of any decision of the board shall follow the same procedures as set forth in section 23.1-5(b)(4)e. (4) Referral to code enforcement board. If the work authorized by any certificate of appro- priateness issued pursuant to section (3) above is not commenced and/or completed within the time specified, or if a subse- quent violation of a certificate of appropri- ateness issued pursuant to this section is found, the planning, building and zoning department shall initiate enforcement pro- ceedings before the code enforcement board pursuant to the provisions of section 2-394 of the Miami City Code. This remedy shall be in addition to and not in lieu of any crim- 8upp. No, 39 1664 inal or civil prosecution and penalty that may be provided. (g) Conflicts. Where there are conflicts between the requirements of this chapter and provisions of the zoning ordinance or other codes covering the same subject, the most restrictive requirements shall npply. _ (h) Application equally to private parties and public bodies. The provisions of this chapter shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or board of the city, county, or state. (Ord, No. 10875, § 1, 4-25.91) record i n c ; ..::,;.'i.cA1 ','vi la i (The next page is 16731 SubrnittE.;d inf E' `tblic ,"N record i3.i itemm_..._ '?Aq ii ZONING ARTICLE 7. HP HISTORIC PRESERVATION OVERLAY DISTRICTS* Sec. 700. Intent. § 702 Chapter 23.1, Historic Preservation, of the Miami City Code has the intent of preserving and protecting the heritage of the City of Miami through the restoration, rehabilitation and adaptive use of Miami's historic and architectural resources. It is the intent of this article to further promote the adaptive use of historic sites and historic districts by relaxing certain otherwise applicable zoning regulations if the standards, procedures and conditions set forth in this article are met. (Ord. No. 10874, § 1, 4.25-91) Sec. 701. Application of district. . No application for an HP overlay district shall be accepted unless the historic site or historic district has been designated pursuant to section 23.1-4 of the Miami City Code. Fur- thermore, HP overlay districts shall be applied only to said designated historic sites and historic districts which shall require a conditional use or deviation, as defined in section 704.1 below, to encourage or assure their preservation. 10 HP overlay districts may hereafter be established pursuant to the provisions of article 22, Amendments, except that all applications for amendments shall be submitted to the historic and environmental preservation board, as established pursuant to section 62-70 of the Miami City Code, for review and recommendation prior to any public hearing on such application by the planning advisory- board or zoning board. Applications for amendments to existing HP overlay districts shall be processed likewise. Applications for HP overlay districts shall be exempt from the size limit requirement on the rezoning of property as established in section 2214.1. (Ord. No. 10874, § 1, 4-25.91) Sec. 702. Effect of district. HP overlay districts shall have the effect of modifying requirements, regulations and procedures applying in existing zoning districts indicated in the official zoning atlas, or zoning districts hereafter created and remaining after the HP overlay district is superimposed, to the extent provided herein. All zoning requirements, regulations and procedures not specifically modified by the HP overlay shall remain in full force and effect. (Ord. No. 10874, § 1, 4-25.91) "Editor's note —Ord. No. 10874, § 1, adopted Apr. 25, 1991, repealed former Art. 7 of the zoning ordinance, §§ 700-711, relative to heritage conservation overlay districts, and enacted new provisions as Art. 7, §§ 700-705. Formerly, Art. 7 derived from Ord. No. 11000, the base zoning ordinance, adopted Mar. 8, 1990. 391 w15:�nsr,rrr - q Submitted .'ecord ill ZONING 'ARTICLE 11. NONCONFORMYMS� c L Sec. 1101. Intent; general definition. 1101.1. Nonconformities created by ordinance adoption or amendment. The following shall be defined as nonconforming for the purpose of this ordinance: (a) Lots; (b) Uses of lands, water or structures, or lands or waters in combination with structures; (c) Structures; and (d) Characteristics of use; which exist within districts established by this ordinance or later amendments and which were lawful before passage or amendment of this ordinance, but which would be prohibited, regu- lated, or restricted under the terms of this ordinance or its future amendment. 1101.2. Nonconformities created by public taking or court order. The term "nonconforming" shall also be construed to apply where lawful public taking has the effect of creating what would be violations of zoning regulations currently in effect if actions were taken privately, or where such actions are pursuant to the order of a court of competent jurisdiction. Thus where such action reduces a yard below the minimum required in relation to a structure, the portion of the structure extending into such yard shall be construed to be nonconforming; and where such action reduces previously provided offstreet parking or loading space below requirements, the use affected shall be Fonstrued to have nonconforming characteristics, rather than deemed to be in violation of the regulations. 1101.3. Intent concerning nonconformities generally. It is the intent of this zoning ordinance to require removal or cessation of certain of these nonconformities, and to permit others to continue subject to the terms of this zoning ordinance until they are otherwise removed, or cease, but not to encourage their survival. It is further the intent of this zoning ordinance that nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district, nor shall nonconformities be enlarged upon, extended, or expanded. Nothing herein contained shall be construed as prohibiting change in tenancy, ownership, or management of a nonconforming lot, use, or structure, provided such change is otherwise lawful. 1101.4. Nonconforming uses specifically declared to be incompatible with permitted uses. Nonconforming uses are declared by this zoning ordinance to be incompatible with per- mitted uses in the districts involved. Nonconforming uses of land or water, structures, or land or water and structures in combination shall not be extended or enlarged after passage of this zoning ordinance by addition of the same or other uses of a nature generally prohibited in the 419 ZONING $ 2302 ARTICLE 23. INTERPRETATION; CONFLICTS See. 2301. Provisions of zoning ordinance declared to be minimum or maximum re. quirements. In their interpretation and application, the provisions of this zoning ordinance shall be held to he minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. Sec. 2302. Rule concerning conflicts with other regulations. Where the requirements of this zoning ordinance are at variance with the requirements of any other governmentally adopted statute, rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern. IIt is not intended by this zoning ordinance to interfere with, abrogate, or annul any easements, covenants, deed restrictions, or agreements between private parties, provided that, where the regulations set out in this zoning ordinance are more restrictive than such ease- ments, covenants, deed restrictions, or agreements between private parties, the restrictions of this zoning ordinance shall govern. Su ; is z- recm-c- item 651 Biscayne Bay FSU71mi-tod intoObe iz�l.zc item —5-9.__. nnr z U) Suomi## .d in -to the publ.1 We the undersigned, strongly urge the preservation of the dualtiet"" that led the city of Miami to declare the bayside neighborhood of- Morni_ngside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Mor-ningside and for the enjoyment of all. NAME ADDRESS (please note if Miami }resident) tl��--,— � SIGNAE —-------__,__ ,t+l��___ ---------- I S-_'� -- Ll %Z __�_ t-s -- -- -__------- --__ - _ 3 4-}"�/y�1 jL.dS?_ L1 s� � v'�._ '1 C._=%����_�-�------� ----f-------- 10 12f�. cam/ ^� .Lc --Y`7� J —Lz�--;� — _CiJ _r7 L-22/ _! _}___ ! 13 �L,{%'_J� l�� -t ,J > - 14 - �* C - ✓�^ t4� �� �CLc�t �j 1 S-S ------�.----_-(-=------------__--- �`-�---------------------- 15 LC6 -1 C - / -:: �L -�,: , - `,' 3 1* -------------------- 16 Q��� sii� C- __ - -----ALL_-- -- -- - 17 1 V,----------- _ -----_ -------------- - 18 �_ IZ1C� ��1%���L_1�2+ Cz - ^-A'�_`'C�� /t_1 < ,Lt��_--L-_--3137 21,------Y`1 __---i�_�- 541 -------- � ?_ - - �---------�?_1�JL,� - _ Submittc,�- info the public recor „ .. , ;: w.�:., mrikh PETITION / f . 4 ,. . We the undersigned, strongly urge the preservation of the qualiti8.P that led the City of Miami to declare the bayside neighborhood'ofl-!i Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed,. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) SIGNATURE 1 � _ tv� y_-M� - -, �N�c; t t�--- --- z __��iT,� rJ_t -------_N_-----..�---- 1- L .�------------- ----------- �------- /` 5��_ �:t.. C � - - - --- - S- -- t ----- - 6.ILDDLE s0s VJ ) z �C L_- - -- -F ____-__l'_ __ - L_K_?( �, - - - - - - --�--- - - -=� ---- t s`f 10 /� ����� {fit f1fY�1'' /? r __-_.. ✓ �j NL rr'�r _------_ CL----/ 42__ -_1 'U :--. ____ -.?_'L--�.1_L�_�-.-`-� I--_ -� r 12 �lh K �� { `i<J 5—� C� C' C� ``'�� J 1 V�� 1 c� t���`��\/v ------------------- 14 QGur4oc�1 _f�oc�bar____33C�I_ �1i _ , --------------------- is �_; " ILA _ r — — — — -i 19 -- u_ r1, 20 AJ sr. _--------- --------- - - t44-541 Iec e° -,-d PETITION We the undersigned, strongly urge the preservation of the �quali.ti� that led the City of Miami to declare the bayside neighbor' df Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary .land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) SIGNATURE -j-1--' -`>>--- / �7 /_ r1— ------------ ----------------------------- ILI ��--- -� -------------------------------------- _ _- 11_ -- �/ .�N�._�l�u�i�_?"� ly_' /ZS~f c2'=>i.Sr� 67_L_ , c<.)�' C. 4ii t f—L 12 (`Q_N.__'_ I �7G ti'\c,�r; i-_ <_ l= 1 ���_����'S__ t� 5l�`-__{�_' _ -� 13_�i(�,i�1 '�Cl'�,�1-{',l� r� `j ����'�Y�'Lr�L�:1� (��-��_�(l �� �_�� -- --------------------------------------- --------- 14_k ------------- o 2l_�) L!! LJ ,•r.`l -----�� --- - -- L �_Y r " f_� �' �t -- --- %-- l-----�—'-----!r1--rr-�l���� �(__��rl.� ---' j--_i � r_,� �L------ .�=i--(�=�----�� / - ------------ -/---- - -- ----------�1-�--- ---- _ 18 V,nt4 1_xe> /5'i! (,�� l�Y.. /R)C /Jr ��'_ -- ,1 - -(---•--------- -- - --- -' l .�'7 /:� L(•_-��i"i -� �. 20 �;Y�l 21_ 4- f2L -_`/' -(/1 r_ T _--�I'___--_--3' \ � - _- ; Ill(y ,jr, I� fit--- -� 1 � Subm ; JD � bt is PETITION (� «y We the undersigned, strongly urge the _" c�I g , g y g preservation of the gia.:lit�.e»s��� that led the City of Miami to declare the bayside neighborhdod.:of" Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all.. NATE A DRECSS (please note if Miami resident) pp�1.SIGN 'PURE 1 ln� ? �/��, __ 0 S •ltJ i u � 1 % 33 �_=S.Q-i__ --- -- --- 2 A7, 3 _ ZL4-�>r-GZ_t c� _ �1" - fc`r�%cc -~zf!1 _- _ - 4Sc�L�]i�'1-f_ -- _.--_i— ` ?�tt�) i(tr r1L ---------------------------- CIA'wz�'i t_J C -i - _- ---_`-- Tarr 10 � c 11 </VA,2-7 ` , 5' e-e- 12 --- -- Y _--- ����� - - - - )-----v�------ - ----- ----- --��-ram- 13------ -- i.�`J 1='� :�_.C_�L -> �L- f _ �_3__ "� - �?Ji � ���"��1 �S < ---- 3 �. 14v✓- _� 6 /% _ v - )j' A 11 )�(_.�L�_ l/�"/. -y- �rr______1_ _ �.-. 15 17 -- -- _-J6. 16 - - 0 - --- z------- S---ACV � r=-- � � J`-_Lr� � A�_ f 1 j�c _� �6� j 18- fr"c��'r �ifl/ v� (r-- ,•(�GJ /%,f,!' ~� _� j"— � I(---fv—J —AxL-�C! 19- / j-�-------� L� %�� _J� r� _ 1�lr"--- ✓1 i rl� v1= 20 21 22 z11Si n1 � �_ --- (-,�1,� �" - I- -"--: � -- - -- -�--- --- - 94- 541 SuhmUl-oCI if -,In fl,c, PETITION We the undersigned, strongly urge the preservation of the qualities ' that led the City of Miami to declare the bayside neighborh6i_od of.._: Morningside its first historic district. In keeping with the .founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public, roads NB 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) /(( SS1 NATURE Z. _Y__-,t-(i_;J. f,�_`t�'rl>irY��-^V-i---------- lY-t,J ((/�'�� ' 2 _-_ ----�-"►a �:,-1 ?i-/�1i<11rac<-' 3 N) - l�`-�1 J,` }-'' C _ _ _� --------_-r! �L -- PL'1T�,,,(Gl_ ,' 1ci� r,--C"-' -t_ , , ------------- - - L __ - Z� - 6 8___,te - - --`--- - --�------- r�- <_-----t---_- ---�. 9 _Vl r/`If- 5/)A// a I-- /L7i3 -IV SF �''� %7'��4✓�„<, L ?LZI G�.rt2.LU__ --�a _---- _ 12 13 ------------- 14� �' % _ A, :3 3 % 2 (� 15------{;-' ('--_�Lcc"���-------f---- -- `�__ ---- ?__ �-L—��ti.=�` 16CLt1_�1ltt:�_✓-----_-�(f�S_N t' ",ICldt-.�,_�_-_----_'1------- 17 18 19 20 21 22 _41 ---- Y4 LIL� Suk7mlfl(-( i i1+c� 1�1.'• t::tl:>i.1C PETITION We the undersigned, strongly urge the preservation of the qualitieys that led the City of Miami to declare the bayside neighborhood'of:-- Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57t11 Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (p 1 ) J I lease note if Miami resld �t S GNATURE (��_ ----------------- `J�~ � — --- t_--- —� • �J 3 -------------------11 ------------- 1------•--- — — — 4 _--- I C' I ��_ Tt�^�i�lc__� _-L _>�_____ �1t� _ 1. _------------------t---- ---- _ L R . - 8L -__-�-�-C? 1-- -= `-- `- ---- ; ----�7 ---� ? � --- 9r--------------�--__------>»i___?�?1 ------ _-_� ---It- --- --�- - ------_(SIC`__---��r�'-- ---- ---`----- -Y 13 14 f�(0�------- -- > I �1- /`��_ c5_ 7� �CT ��71!1 _��/_2L 16 ----4/24 4-'4)-'L�! f---_ -/ 17 z e P --_ / 1—� --.7.1.E _ �� — /-S__�1 �� --- -------------�-��_ C� 19 �i1C c L,.�-= -�=' 2�-=1"�'ti _l �} 1 `� ��'-C� ' 1�-� 1`_ �_%_ V_Yl, �� u( k ,ii�j3_31 =) f�__� 20 -=--<' — - -- ------------r-`-t-- �� 21 -�,u- -------- — --_--- __�s 22 __-✓.� -- �------ ------- --- 3 - -- ----- Subnnit'Led into the public PETITION We the undersigned, strongly urge the preservation of the qualiti'esi-a.i that led the city of Miami to declare the bayside neighborhood of: Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street., NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure thatthese vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) � 4T 1_-T�N_Y_ 'ICJ-L -- ---- z__ ILC - __ � •��v�------- --- u---_`--_ 1 -- --_----`��c'-C1��•�� 4 Oj IdZ 5 -- ) ,- -r ti------(-- -2 6 -- 1-! .Y-6a�- _11�� DU u��3 -s . ------ $__- -------------' l� ,c1--- - --- 10 -------- ---- - -- - - - - - - - 11 12 ncr- �L(LIAIdIA,_.f=R:E 1L�X'L_-- -- ---------------------- ----- ----- --4 1--� ------------------Zt----Z---- ----1 ----- 16 � o � T' l lZ �/�nl 72 o COA4L P/ty - ----------------------------------------------------- -- ---- ��i' 17 lr��� SD26"Z f &6s 1�?v ---_-__-__ T___L___-__.__._-_-_- —--.__-_^__-__._____ -- _ --__ - -- --- ___ f^ 19----------- ---- 7�- C — -- G LJ crp-, S4t6 0 S� two ; - -- ----- ------ - - ----- a a _ f l i'J ---- -'- --------- ---------------------- -------------- !-------- -94- 541_ ,511} mi-'L i C 1- ill tc) ttlo P -1-D .1C iGC'C: ).41 (.'C)_l ,'!, )El Ott i►.h PETITION We the undersigned, strongly urge the preservation of the quali-ies that led the City of Miami to declare the bayside neighborhdod.of- '� Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, 14E 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of. all. DAME ADDRESS (please note if Miami resident) SIGNATURE 2 _r -- ---------------------------------- ---------- - ----- Au 4 j/ - -�--1 -, 5 ---i- I _ --__ r1` _ O�-__` -- ncI r— L----- `--^`�=! `� .7 -7 27 6 -4�.5'2 i - 10 11� k- ��C� 2i�2�t1�_[:=_`'_31�_• SL�� 12 - - 13T yLl %%L�' 7�L_C%'�7<� �1���G�`/V -- - -- ------------ -- ------ ---- `' _��I i ----------- 14 151L -Z _- `fir/.-__e�1�v�' 16 19 )t, ---- /-- %/-1 t- -' -� %/� -r• �•i'L�[L/6 -C.f IV,-3))3 20 -----------TT/---------/r--- ----- --------------7 - /f - - / 1 21 22 -- �' ---- -�-------- (j — 1 t-- ---- -- �---------- al — Submitted into the Mulal.ic - . , . zth PETITION �� &t f q.4-_ I "1.._...__.._. We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all.. NAME ADDRESS (please note if Miami resident) SIGNATURE r� - - _ - 1': - _-- C--------� 2_ ,\- `--- ------------_ �!_ NEB_ `_� �-- - - ---_ _-_.� 1 3;� M 3_K:�? _ 'LLCC L,-----_--- ` \----------_- __ ________ _ _____--_- f 5CZ_-- `1---- Lre 6_y.?,1--- ----5- - --'-- �r..= Zia t 14- fCL- �i`JH ►t L5___�%� 15 -_ �. i%C / AL.-------------------------------------------------------- i :S -= -- 1 17 18-------------------------- 19 20 -------------------------------- 21_� - -- 22 .,_ /,_/�_C �= ('=-� - __-__ e _,-_________ 94- 541 TeCr_ PETITION e We the undersigned, strongly urge the preservation of the qualities, that led the City of Miami to declare the bayside neighborhood of'`"`' Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that Giese vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami. resident) SIGNATURE A,'i Yo AI6o'j U itl)!_`?0"_--al�---__S___ — / � -----j-- �� 'J=`LL�-"---- - -L --------- i L C._1/Yrr +_i'/ / __ �(_.c�-- — --nn-��-- -------------,-�j----__- 4_Za-1_'E_1- 4�LL!__ 5 --- e- -(! - C 7 9 - -- --------------------------- -------------- 10C �GJC �C�/C1c'c�o�Q G'r� = .`� S ,GI�G�c, �l elz --, CC� - ---------- ---- ------------------------------- 1377 141-7 _ 1 �_--- _ - - ri ,lam_! . -F✓' > 12J _ 15114, - 18 - I --- c�l'� 1_v_ 3�------------ __ 2 %-- -_ -- -- -- �-------------- - -------------------- ('`��y" �L1'�J_ ��J�rIM�_I ss _�_� �t(i 22 94_ 541 rer All PETITION it�rrt 14_KJ4,_... We the undersigned, strongly urge the preservation of the qua.�ities;`._} that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ti ADDRESS (please note if Miami resident) SIGNATU E ___ �n-� _ ivy__ _�VI �-'_ c_,___�t� I --I----------�_ti�'u 2 r --- -� _ ( _�-_�-p _ _ �l L i.L L ZLt �7 _- ��� - �,j q c- - b i 4 ��� ���` S 3._4_f C rti� �r _ 5__C? ��� �� 'tL �-t I (- 1i t�C �_ - � ��r _-- - -�_--_ , - -�-- �-------------r--_ - -- --------------- 6_/ ICY--- __C "7 % ��� '7 i �c �^__-fz _-- -- -_� - - - z� l --------------- s �. _ �'C?�' --- -- �- --__ -----_S' c.) 2L_ ���'� �� t:r ir�cr C s 9--¢r� _ ___ - _-t-------- 10 ---------- -,�t�- --- -_ - --- -_---------------- 12 c> I ,fl, L- % c.1 ---77— ----------------------------------------- — 13_Cin�,:,�.,1 14 MT7 ,�� l5_!!lddd1111�, ------- h -h_--- _-- — I 1-- u�j 16 l_ �.'I 1' ��� , /�i'�r�'0 51.{r_—'I((- 17r- /L .lt f G' e�� --, ��'G� -�'�'? �11.- fir/ C }- =, / r---- � 5 11 - — ---- —'--------------------------------------------- - 18 19 20 -------------------------------- 07� -------- 2M, =i ----- --------------�---------� ------- `=----- C-1 QL�i6;, -� 22-- ZG �= �Cr Ar �, 1 �1 �(`Z�1--� "� 7 i----------- - 541 I ,,ICE. ;::I c n;'. ' ,i': <` 'Vvith PETITION We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood_ of ' Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and. maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street:., NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) SIGNATURE 1 7_ _ 3 LIP -----------------•---------------r--------------- ---- 4fj------------------F1_����__ C. =-----�rl-==`-r------------------------------- _ ---- --_-- � �-------------------------- -- -----_ % � � 7,�=1'/ L�� �-----------�--------------`� � �����__ 1'-- -------------------�-1__ - _ _ - -- --- 9- ,-- �� ----------------- ---l`-(- I - - l 10 L- - __-_ / 11---- ---c - ---'_s`�uy- --- -------------=s�'0 12 C'ja4') - S'--S?6_G ��.__ 13 C`� 14 - /�,y^' 15 / - -=`! --------------------�-/ 16- �-,�� �`�--,_ ac=�� _=-------- �-1 � NE- 5-� ��--y _ �-}--v-L���� ------------ C� -- — C --�.t ea18 _�-- 11 ,�� ____ C _l_LL �_, � z------- G - -U �l =5_C. 19 ` �LQ _ ------------------ 2 0 --- _ >- u - Y----�------------ - �L - -- -_--- -- 21 - — ----- �ly-I--N `, - -- ` ----- 22 94- 541 S-u. mJ.ti,,-,,. inl,-) i'��' g.?LltftzC PETITION t1q -ts_ i3 We the undersigned, strongly urge the preservation of the qualities , that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. N AME ADD�ESS (please note if: Miami resident) SIGNATURE --- SfT--�--�--!(,_-.i'�T _�)� y i C/l .I �•� i,.�/ / � - - 3 cc- ----- ------------------- -� -------->-=, --- - �-- l ' //�/•_ �-/ _ t/-C,l r' �- �1-- — r - !� --' /� --i - /- �- /---�--f---- -! _-_-_.__ .. _ ._. ___- _ ram;___ -__-_-- ,-- --------------------------------------------- 6 oilf VI ' I (')l! r �,� 7i` J' �? (�� ,�!r) l�)� /l �'lt---------------------------------------------------- J/,1 7"7 �'��l `/, l Yi �,��1 ✓� /'mil - /�i- -% _J/ _ �- ----------------------- ------ --------`- 9 -----i /1!----_i% f- _ - - -_�- -�-�- __-------� - - - _, `_;-_-, _ -� - - - -- J___- _-_---__------ -L�----------------- - -- ' r�-_ - ------ --- -- /- ----- -- (- _e_ ✓c'A/7�i/�r .�..;,/z°;C„ �,�/�/ /✓j 14 Z;-7c :� /on�i-:�?,/.-5-7 _C� Wiz. �. f'. <-,_?_:_�l 15�1ri�»r- ---z'--- 5>Y11-_,%x_ rAt:.c.- ! �--- �= fL-- -- - -f --:%_- --- -- - 16C�_/��J--r ---- ->-? �'_-/i- AJ __�f _ f_p>F'-__3_ / tP-J_ ^_J% -= 1�%';—'_`----—57. --1.-----/—(-------- -� I . / t .r � ----__—----------------------------------------_--,/`-1 19c-- ___ } Ci-_�_ -: -- -__� 20_------------,t_6� _--- __�--- — 21 ------------------- 2 2 %)/ Submi i-rto tltje pjjj.,)jjc PETITION ��� ,;i � � �/��l�_e1_._. We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhoo&of. Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Torrace, NE 57th Street, NE 59th Street and NE 61.st Street. We urge that no comproinise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that those vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note/,if Miami resident', SIGNATURE - -------------------- 2 2 3 3 --- -- --- - ------- ZL 4 -------------------- ------ 5 6 Z) -------------- ; ------------------- --- -------- 7 61 -------------- --------------------------------------------- V-,:�Y-A-Z - ------ ------- - ---------- ---- --- --------------- ---<----- t --- 10 ----- ---------------------------------------------------- o 400 -- 'S-/- i - Y ; - -) L ------------------ r( -- --------- ---------------- 1 14 - - ----- ------------ -------- ------------- 15 -------------------------------- --- ---- 16 ------------------ 17 18 C'F, ------------------ 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 ----------------------------------------------------------- �1 -- -74 1 M Subm-i s led i nAo Va ' pull3Zac PETITION We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood of Morningside its first historic distract. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE Glst Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) SIGNATURE -- - --'--mot ------- —' -----=---='- -r-`= - —/--------- /-- ?---- — /--,------_ -----� •� � ll / y ..—_ -----��-------=u-;----------------------_--'------------ ''-------{-' 4--- i � 1 i _� �' �'J --- ----- ? %1 =; i.__ �'l/ ; ----_ 5--1 • -------- "- 1 _ —` = C7l—--�'—Ili r,�_4^t �--� Y--_��, -- — ----------- --------------- _-, __ 9 ------\�'/--------- ---- l fG /.> '�_i; ' i' ' i f 3% -- --/ — — — —------_ — �--- -- 7 111rI��l��\�11_• --- —�—ii ------ r_1--- --------------------- -�- I -- fI _'r% — - --�---------- -------_-_ -- 13 �--, -r- -------- --✓'._/�i '�_- �� C' G_--Y--------,�-�)-L-J.___ __ __Ji �t_/- �- ^y-c/ 14 - -- `-----__-r l )_)-5' /-/>------- - - - - - - - - - -- t - - - - 15 --- �—�J-...-rr,,�J//-. .-) --...� --...- L'. �� •I�� 1 //. l_1.��. /�.. ice- '% ,�L ���:)�, -^ 77 --- ��r.r+-..--__-- •----_----•�-------•�-----�...- *--------- ----- 17-C� / _� ,---- __� � 1a I� _ _�_ 7t )'= ��=_t•t �,��- ��'�,_r: r� 3 31 _.� , L� t --,-u- ----- - ---- 4� .4' n : s/ 19 S r C-�i,.-- ---r---r -- --- .�-r G--;- - _% / - -'_/ - - � 20 --.-.---------------.-----------------------------------------•-------.- 21 -.--..------------------.---------------------------------------------- 22 ------------•-----•-----------•--------.--- -----------•------•---•- 9 1-- -5 41 Subs-,itled ir)lo tho jrihlic H zero = PETITION T�. tia We the undersigned, strongly urge the preservation of the qualities �A that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding" vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urc3e that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) SIGNATURE 1 nLI - ()- I _ Z-------__'`,'-��: �— --J— ---------- ----_---- —--------------------- ---- i / / —=c _ / �_--------- j - — -_- -_ - _- l - / _ i�� I i e --- --__-------r-------------------------------����{�`-� 8 __— - 9_-I1,t,Ll,t_t ---------- �_c-- ---- �--------------�t'r,tit•u�� l -'---- --- i 10 ----------------------------------------- 11 ------------------------------------------------------------------- 12 -------------------------------------------------------------- 13 ------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 ------------------------------------------------------------------- 16 -------------------------------------------------------------------- 17 ------------------------------------------------------------------- 18 ------------------------------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 ------------------------------------------------------------------- 94- 541 N 7 PETITION ._ its,i i . _.. - We the undersigned, strongly urge the preservation of the gdalitfe�s'l` that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NANA ADDRESS (please note if Miami resident) S NATURE 1 _ �,L t)off. �- ('`� 9 _ � _b. St' - ---------- -- --- 4 7- --- -------------------------- -- ---- 6 ----- _-_- 1 ----- _� -% ---- - - ---- 4 -------------- IN- V ---------------- - ----- ---------`�- -- ------ ------------- 12------- --- --------/ -�-- ----s--�.7------ ,- 13 -------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 ------------------------------------------------------------------- 16 ------------------------------------------------------------------- 17 ------------------------------------------------------------------- 18 ------------------------------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 ------------------------------------------------------------9"-^--5 4 i Submitted into the Tel, blic r rd in PETITION '70 We the undersigned, strongly urge the preservation of the qualities- that led the city of Miami to declare the bayside neighborhood of z Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city 'Co preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55t:h Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident)' w 3 6 7 /y' s � S5t`� ti�r� `9 5T ftl olm i. R. $ 9 ti��G Q ��� NE 5-6 -s-. S I G NAT II,tE r 12 r S r6"YN -" {` L G4A"V 10 11 �% 12 13 14 15 16 17 r 18 19 20 21 22 � v41 subal i. c'C' "n'to tlac PETITION 07 /1 qw. We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood"of. Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESplease ate if Miami resident) 'I TUR Z 7 2 ------ - - ------ -------- - - --- 3 --------------- ------ ------------------ -- I ---- 4 S_ Y1 5 - ---------------------------------------------- 6 �_Q_a ------ ---------- Ls --- ---------- -- 7 (0_5Y /1-1 L:-- --------------- ---- -------------------- ------------- 8 - Sr 5 ---- ----------/5--- I 7 --------- f 9 LLa --- -------------- ------- L -------------- ------------ 10 11 T --- ---- ------------------------------------------------------------------- 12 ---------- —".- ------------------------------------------------------ 13 ------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 -------------------------------------------------------------------- 16 -------------------------------------------------------------------- 17 ------------------------------------------------------------------- 18 ------------------------------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 ----------------------------------------------------------- 9T _Y4 1 Submitted into the public r. r( , <� C � �.xs PETITION Sol We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We ur_cae that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) SIGNAT RE 3 -� �------------ -' - ---__ _/- - -``'S ------------------------------------ . --- _�-_ 6------------ _�CsLcti.-ae!"Vi4'_MXe�1_5 - 1>�IIS_l(?E -------- $ {jamh(1 `i K), `J C_-1_�,/� r /. -----------------------------z----- -------------------- YJ -------------- ------ ---=---------- 12 -------------,------------------------------------------------------- 13 ------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 ------------------------ ------------------------------------------- 16 ------------------------------------------------------------------- 17 ------------------------------------------------------------------- 18 ------------------------------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 ----------------------------------------------------------�9•-- w Subxn `:t}pull: .? �i into the F�)Iic PETITION -71/p 7�t•'[!l� .. We the undersigned, strongly urge the cti g g y g preservation of the qua�.ities that led the City of Miami to declare the bayside neighborhood 'Of' ' Morningside its .First historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Ter�uc., NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME rt n �._(�� Dl RESSS L(please 1 note N � f!� f 7a�m�.iresident) '�,SIGIdAT,uRE __ ------------ } / 4 E�, ` d ---41`63�;.�1 r �% 8 f �_1fYc-_t__ -� �� =� ��/'.� ' `�� of ----- --- 10 --------------- 12- 13 15 _�Le--- 3_l 3>----------- 331 16 17 --------- ---------------------------------------------------------- 18 ------------------------------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 ----------------------------------------------------------{� -- rec PETITION :11 We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public. roads NE 55th Terrace, NB 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) SIGNATURE 1--- -�'— =- \ '----�'_�- -11�---t----------�-- --- -________ ______________ _______-r,..._.___--_-______-_ ------------ 'L----------- � �------------ =- �r «- ---- ----- J 1_ T_ 9- f----------G 3+3 ------r---------- 1 10 -------------------------------------------------------------------- 11 ------------------------------------------------------------------- 12 ------------ %! ------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 ------------------------------------------------------------------- 16 ------------------------------------------------------------------- 17 ------------------------------------------------------------------- 18 ------------------------------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 22--------------------------------------------------------9T-= -57tJ ------------------------------------------------------------------- PETITION %/1 We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the baysi.de neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne- Bay with no visual impediment at the end of public roads 1,1E 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. NAME ADDRESS (please note if Miami resident) / SI/GNATU E 1 %`1G _ ! 1,16 11��/-1!�____ �' 1_'J._ 1l _G 1 f [: �� �- ,�%i11i i _11�%<�_ 2--_ 2 C�c�717E r �rtr 1 ccr ���1�: 1 �M-,-__�Lc)2_7_��'_Lr�1_1��1 !`Lnc 1L`?�� �'rff2*Zrc �c 3130� � `��.i _ ?iT �il/ _ 1 << r'�I�Y'��'r' 4711R ----________ _________ __ ______ 7 ------------------------------------------------------------------- 8 ------------------------------------------------------------------- 9 ------------------------------------------------------------------- 10 ------------------------------------------------------------------- 11 ------------------------------------------------------------------- 12 ------------------------------------------------------- 13 ------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 ----------------------------------------------------------------------- 16 -------------------------------------------------------------------- 17 ------------------------------------------------------------------- 18 ---------------------------------------------------------._---___-_- 19 -------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 22 94- 541 -------------------------------------------------------------------- PETITION 50) We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impodiment at the end of public roads NE 55th Terrace, 14E 57th Street, IIE 59th Street and NE 61st Street. We urge that no compr.omi:_;e to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside. and for the enjoy-ment of all. NAMEL S S ease note if Miami resident) SIGNATURE100,Jio i�. 2. 4 6 J- q 5q Sub PETITION �.1.1 We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. We urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of all. N 1 � V-CAD REs (p c�as I note if�Ii rest nt) cGN TU_E -_------_-_--".-'--'^-----_- L-`l -.---- -� ,3t. 3 --------------•----------------------------------------------------- 4 ------------------------------------------------------------------- 5 6 ------------------------------------------------------------------- 7 ------------------------------------------------------------------- 8 ------------------------------_----_-._------------------------------- 9 ------------------------------------------------------------------- 10 ------------------------------------------------------------------- 11 ------------------------------------------------------------------- 12 ------------------------------------------------------------------- 13 -------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 ------------------------------------------------------------------- 16 ------------------------------------------------------------------- 17 ------------------------------------------------------------------- 18 ------------------------------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 22--------------------------------------------------------TT --J 4 1 ------------------------------------------------------------------- uo i. PETITION if,;;:. _._if f �4.I_• We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. In keeping with the founding vision of the neighborhood's planners, we ask the city to preserve and maintain open, scenic vistas to Biscayne Bay with no visual impediment at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to that vision be allowed. we urge the city to pursue the purchase of the necessary land that would ensure that these vistas remain open for the aesthetic enhancement of Morningside and for the enjoyment of. all. NAME ADDRESS (please note if Miami residenttIGNATURE =-- - �- ---- -- --- 4 v1 _ ✓ �/I�til2 J U ��t� ---------- --- - ----- --- ----- -------------------------------- - -- ZiL� �srL�� _cam 0 -_ •^� __5 _ S -'`C= 1 rZL--------- -- ---- - =----- � �-�------/ � ------ J--1, � � � � (Y �,--- ----- 3--------- 10 / " / U 11----=- �f�/- �, ---5 (U ,d>�/ i !��_' _� /i f��cur� =--=�3 i_-3_ ----- 12_ n----�5� h)k SJ�' � _-_-3-3/31------ - ----- IL ----- -___ -�-----------�)- �_- __ 3----------- 14 ------------------------------------------------------------------- 15 ------------------------------------------------------------ ------ 16 ------------------------------------------------------------------- 17 ------------------------------------- ; ------------------------------------------------------------------- 19 1 -------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 9!_ --------------------------------------------------------- ----- 541 Sube=mjttpd into the Public w i � c:. . r. n uy. i-th PETITION tic;-n �- We the undersigned, strongly urge the preservation of the qualities. 4: that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. We ask the city to preserve and maintain open, scenic vitas to Biscayne Bay, with no visual impediment, at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to these wishes be allowed. We urge the city to purchase whatever parcels of land will ensure that these vistas remain open for the enjoyment of all residents, citizens and visitors. NAME ADDRESS SIGNATURE Wa WILL,►AM L . 13A9)M10 5)5 GRAND CAYJ L DRIV9 az _ VAN II..o- L0FaZ. __----------65,11 5W!_►2.7 PA�TI----------�� ----- 5►5 ������-e_� c — ---- - -- _ C71A1 fa- 1 7.EV4�------- LI -------------- --- AW ---- (J;vk - ------ _----_-----s ----_-------- ___________________________ ______________________ _ _ _____ ------------------------------------------------------�--- W PETITION We the undersigned, strongly urge the preservation ' of the qualities that led the City of Miami. to declare the bayside neighborhood of Morningside itL; f .�r J �i st historic disl;rict. -.Ln koepinc with the founding vision of the neighborhood's pl-anners, we risk the city to preserve and maintain open, ::,cen-ic vistas Lo B:i._;c�-yne- i3ay with no visual impadimont at the end of public road:--, 14L 55th 'Ile-r-race, NE 57th Street, NE 59th Street and jqh, C)J.,:,t StroeU. We. urge that no conpromiso to that vision be allowed. We t.1-le city to pirsuo, the purchase of the necessary land 'that would L-.,Tisure that tbuiso vi!-;tas roittain opcii for the acsthetic enhancement ot morningside- and for the cnjoymcnt. of all. NAME ADDRESS (please note if Miami resident) SIGNATURE - -------------- ------------ - 4 --rA- -;-7-3-r. -- - - - - -- - - - - - - - - - 7" .1 5 ------------------------------------------ 77-7-71-7-7— -7-: ----------- ------------------------------------------ ------ 77 -75-,q0PT 7 -It7t, - - .................................................................. 8 ------------------------------------------------------------ 9 ------------------------------------------------------------------- 10 ------------------------------------------------------------------- 11 ------------------------------------------------------------------- 3.2 ------------------------------------------------------------------- - 13 ------------------------------------------------------------------- 14 ------------------------------------------------------------------- 15 ------------------------------------------------------------------- 16 -------------------------------- ----------------------------------- 17 -------------------------------------------------------------------- ZS ----------------------- --------------------------------------------- 19 ------------------------------------------------------------------- 20 ------------------------------------------------------------------- 21 ------------------------------------------------------------------- 22 ---------------------------------------------------------------- V; 94- 541 � 1 PETITION " We the undersigned, strongly urge the; preservation of the qualities that led the City of Miami to declare tic bayside neighborhood of Morning.: ide its first historic_ In ke :ping with the founding vision of the planners, we ask thc3 city to Presez-ve and maintain open, scenicJi. t,:zs to Riscayne Day with no vi.�ual impadiment at t:he erid of public xoac3_; NE 5`7th Tcrr:ace:, 10-j 57th Sl�c�c=t, 2�E 59th Street and NF; 61st St,:f;r; L. We urge. 'U.ha1: no to that vision be allowed. Wu urge Lhc c-ity to pl.crsuc the pc-trc:fame of th4 necessary land that would enure that: lhc!s(i vistas x•ema,ii omen for the aesthetic enhancement- of M(),nings.i.cle and for the enjoyment: of all, NAME ADDRESM (plca;se note it Miami resident) S1GNATV E n''1 / I r•J� i�� err r.1..� r/. g r" - �y -.-r•� .. vL , i/j 16 U LA 17 7.8 • 20. Da ! 21, 4 22 vim,..-- PETITION We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neighborhood its first historic district. We ask the city to preserve and maintain open scenic vistas to Biscayne Bay, with no visual impediment, at the end of public streets Northeast 55th Terrace, Northeast 57th Street, Northeast 59th Street and Northeast 61st Street. We urge that no compromise to these wishes be allowed. These streets and vistas should remain open for the enjoyment of all residents, citizens and visitors. NAME ADDRESS SIGNATURE -----S-- -- ----- ------------ - �-------- ZF1 -- -- -- --- -` - -- -- - --- ----- - ------ - - 3-Lz - --- LL' k�-. ILK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- 0 ------------------------------------------------- Sttl".tdCCx ------------------------------------------------------------------- �'` COZY iin , ------------------------------------------------------------------- --------------------------------------__.__- --�� �_=---- -r --.--------------------------------------------------_-,- •it _-__-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 94- 541 ------------------------------------------------------------------- Sub-L,o..'1:-cd into the gublic PETITION ��.. We the undersigned, strongly urge the preservation of the qualities that led the city of Miami to declare the bayside neighborhood its first historic district. We ask the city to preserve and maintain open scenic vistas to Biscayne Bay, with no visual impediment, at the end of public streets Northeast 55th Terrace, Northeast 57th Street, Northeast 59th Street and Northeast 61st Street. We urge that no compromise to these wishes be allowed. These streets and vistas should remain open for the enjoyment of all residents, citizens and visitors. NAME ADDRESS SIGNATURE ---------- -�-- --------- -- - - -_---- G-------- ------------- - ;---------- -- --- 12------------ - -- i- --------------------------- -r, -s- 0 _ �Z2L �Q_ -- -- Co �____--_-� r=-------- -- ' --------------- ----------- ----------�21—: L L LZ-� ------ a� G,Uwehs ----------------------------------------------------- 9 4 _--5 41 Subm-141ted into the public i {G n, __.. 5 ®i--- PETITION k We the undersigned, strongly urge the preservation of the qualities that led the City of Miami to declare the bayside neiqhborhood of Morningside its first historic district. We ask the city to preserve and maintain open, scenic vistas to Biscayne Bay, with no visual impediment, at the end of public roads NE 55th Terrace, NE 57th Street, NE 59th Street and NE 61st Street. We urge that no compromise to these wishes be allowed. We urge the city to purchase whatever parcels of land will ensure that these vistas remain open for the enjoyment of all residents, citizens and visitors. NAME ADDRESS SIGNATURE -C� - ------ AIR- _��ti1��_����1��. ----- L1�1_2 Ic -------------- i L L 14: R_ -qs.:L dt ?L4 6 eacbm. _� _ r- ----c:d- — --��r l,(%z_!J71 �_(_ Ari-lL_���1_`�,��_ --- ��--------------------------- -------------------------------------------------------- aIm-_, .-1 Subrr�5 A< d i ni e the pn.iblic ,1 PETITION I [C13 .le the undersigned, strongly urge the preservation of the qualit-ids that led the City of Miami to declare the bayside neighborhood of Morningside its first historic district. We ask the city to preserve and maintain open, scenic vista.., to Biscayne Bay, with no visual impediment, at the end of public roads NE 55th '.Terrace, NE 57th Street, NE 59th Street and NE Glst Street. We urge that no compromise to these wishes be allowed. We. urge the city to purchase whatever parcels of land will ensure that these -istas remain open for the enjoyment of all residents, citizens an,1 visitors. NAME ADDRESS SIGNATURE l>< --- lam/ _---- _ ` -/---- - = ------ ------------------------ --- --- --��..-- ----- ---- / _ - --_-_ ----- ! _ ) J' ----- T` - I ..�� J� � I� 1_ t � J�..� Ll. •���� �V i_• 1��.�• il,, �.. 1_ �l�l '�� ��1���1. �- � � '��1. �_ -- -----------=-------;------------- t ---------------- Ls, -- -- - - - - ---- ----- •--- -- - - - - -- '=-,----,--- -._- -----�__.. 1 _�' __�_'� _r� ��'�_ ,r----� --- ----- ---- - - ---/ 1-{ !------='--i---! -- 4 `!-- '- r------- `^(--- C/ (` - i C -_- i -? f - �� _� - `_._!_vvv_ -_� �1 --J-- I� �� - I C_i -1 �---- �� _ - r- - - -_ ('---.___, --�J ___'---------- --- f -� f__•-_77 �--' ' `--t-•--------- ._---_-- --- �-- ---- --,'__ `��*_�' ��z/�i ---_- ----- ---- : --- ------------------------------------�-_'_- -'- ----- ���= �`--__-.----.--------------- -_�•_�__..i r �_ ���-_ �_.. 7 0 -------------- -- -------- - p ----= J ------ r--_-_--•------------- (=-------- --=� > ----------------------------------------- ----------- -`--9 4--- 5 41 �_t W ::'.'1 PETITION I S9 We the undersigned, strongly urge the preservation of the qualities._. that led the City of Miami to declare the bayside neighborhood its first historic district. We ask the city to preserve and maintain open scenic vistas to Biscayne Bay, with no visual impediment, at the end of public streets Northeast 55th Terrace, Northeast 57th Street, Northeast 59th Street and Northeast 61st Street. We urge that no compromise to these wishes be allowed. These streets and vistas should remain open for the enjoyment of all residents, citizens and visitors. NAME ADDRESS SIGNATURE --� �---- -------------- - --- - - - - - - - - - - - - - - - - - - -r enencfez- 6L_----------�--------------- -- �S-�� -- � --- ---------------- ar ------ 8, U k & d-,t �- --------- _------- - ----- r P1--- ------ -DAN �t. �� tJE _5� T--------- 94- - 541 CITY OF MIAMI, FLORIDA 59 OG�'TL�C3d�CL;S�C 61fJ�6�S����l���GRI� To : Honorable Mayor and Members DATE _ 7 FILE of the City Commission SUBJECT : Appeal of Decision of the Historic and Environmental Preservation Board: FROM : REFERENCES: 759 N.E. 57th Street Cesar ENCLOSURES : Agenda Item: 59 Oe CityCity Commission Agenda --- - - , .. l , A 1 u=f=y—i Y; axe mot- - RECOMMENDATION: It is respectfully recommended that the City Commission modify the decision of the Historic and Environmental Preservation Board, which authorized a Certificate of Appropriateness for the construction of a wrought iron fence and CBS wall for the property located at 759 N.E. 57th Street, by: (1) Item 58 - Upholding the appeal on behalf of the owners of the subject property, Steven Polakoff and Michael Carver, concerning the location of said wall only; and (2) Item 59 - Denying the appeal on behalf of the neighbors of the subject property, Jesse H. Diner, Pierce H. Mullally, and John R. W. Parsons. Please refer to the attached memorandum from the Preservation Officer concerning this appeal. Attachment 94- 541 CITY OF MIAML FLORIDA INTER -OFFICE MEMORANDUM ergio Rodriguez N-= June 20, 1994 Assistant City Manager SUBJECT Appeal of Decision of the Historic and Environmental Preservation Board: i,�hE REFERENCES 759 N.E. 57th Street Sara . Eaton Agenda Item: Preservation Officer E "``;s�REs City Commission Agenda RECOMMENDATION: It is respectfully recommended that the City Commission modify the decision of the Historic and Environmental Preservation Board, which authorized a Certificate of Appropriateness for the construction of a wrought iron fence and CBS wall for the property located at 759 N.E. 57th Street, by: (1) Item A - Upholding the appeal on behalf of the owners of the subject property, Steven Polakoff and Michael Carver, concerning the location of said wall only; and (2) Item B - Denying the appeal on behalf of the neighbors of the subject property, Jesse H. Diner, Pierce H. Mullally, and John R. W. Parsons. QArvr_©011Mn. On April 4, 1994, the owners of the subject property at 759 N.E. 57th Street applied for a Certificate of Appropriateness for the construction of a CBS wall in an east -west direction set back eight feet from the property line on N.E. 57th Street, and a wrought iron fence in a north -south direction at the end of N.E. 57th Street (see attached plan). The Preservation Officer recommended to the Historic and Environmental Board (Board) that the application for the wall and fence be approved according to the plans submitted. At a public hearing on April 19, 1994, the Board authorized a Certificate of Appropriateness for the construction of the wrought iron fence as proposed by the applicant, but required that the proposed CBS wall have a greater setback from N.E. 57th Street and be located approximately one foot behind the south facade of the house (see attached plan). This decision was made pursuant to the provisions of Section 23.1-5 of the Miami City Code. On May 4, 1994, two appeals of the Board's decision were filed. One appeal was filed by Earl G. Gallop on behalf of the owners of the subject property, while the second appeal was filed by Jesse H. Diner, Pierce H. Mullally, and John R. W. Parsons on behalf of the neighbors of the subject property. The rebuttals to the grounds for each appeal are as follows: 54- 541 3 Page 1 of 4 Sergio Rodriguez June 20, 1994 Appeal On Behalf of the Owners of the Subject Property: The owners are appealing two parts of the Board's decision only: the location of the CBS wall and the requirement concerning landscaping. The Preservation, Officer's recommendation to the Board, as set forth in the attached evaluation sheet, supports the appellant's position concerning the location of the wall. The Preservation Officer, however, supports the Board's requirement that no shrubs higher than 18" at maturity be planted behind the wrought iron fence. In fact, the landscape plan submitted by the applicant specified only low shrubs and ground cover. The Board's landscaping requirement does not prohibit trees or palms in this location. Although agreeing with the appellants concerning the location of the wall, the Preservation Officer finds no merit in the majority of the grounds for the appeal, as summarized below in the rebuttals to each of the stated grounds: (a) The Preservation Officer acts in an advisory capacity to the Board and provides recommendations, per the provisions of Section 62-75 of the Miami City Code. Although the Board may not have agreed with the Officer's analysis of the relationship of the Board's guidelines for walls and fences to the character of the houses on the bayfront, there is no evidence that the Board disregarded the Officer's analysis. The Board simply had a different opinion. (b) The Board is not required to apply the provisions of the Zoning Ordinance in determining the front of the property. The Board looks at a house from a historic and architectural perspective in determining where the front entrance is located. No evidence was supplied to suggest that the main entrance to the house is not located on N.E. 57th Street. (c) The Board is fully within its authority in determining where walls should be placed in historic districts. The Board is required to apply the Secretary of the Interior's "Standards for Rehabilitation" and any additional guidelines it may adopt to assure that all alterations and additions to a property are consistent with its historic and architectural character. (d) The Board's decision furthers the goals and objectives of the comprehensive plan as those goals and objectives encourage the preservation of Miami's heritage. (e) The Board based its decision on its guidelines for walls and fences as -set forth in Resolution HEPB-91-44, as amended, which states that no walls or fences shall be constructed between the front facade of the house and the sidewalk. The guidelines, however, allow exceptions if said exception is historically appropriate to a particular house or if unique circumstances can be demonstrated. The Board, however, disagreed with the Preservation Officer's contention y that the Board's guidelines were written for the majority of the Page 2 of 4 9 4_ 541 Sergio Rodriguez June 20, 1994 houses in Morningside which do not front on Biscayne Bay. The unique character of the bayfront properties on North Bayshore Drive and the fact that all but two of the thirteen houses have walls, fences, or hedges along their front sidewalks were not considered when the guidelines were adopted. (f) There is no evidence whatsoever to suggest that the Board's decision was arbitrary and capricious. Section 23.1-5(c)(1) of the Miami City Code allows the Board to adopt additional standards and guidelines for issuing Certificates of Appropriateness. The Board has, in fact, adopted Resolution HEPB-91-44, as amended, which supplements the "Standards for Rehabilitation." The provisions of said resolution were applied by the Board in arriving at the decision in question. Thus, the Board's action was neither arbitrary nor capricious. (g) No evidence has been presented concerning allegedly improper solicitations and lobbying activities of a Board member. Appeal On Behalf of the Neighbors of the Subject Property: The neighbors are appealing the entire decision of the Board. The Preservation Officer finds no merit in the grounds for the appeal, as summarized below in the rebuttals to each of the stated grounds: (1) The Board protected and perpetuated those scenic vistas which represent distinctive elements of the City's heritage by requiring that only a wrought iron fence, which allows visibility, and not a wall, which blocks visibility, be installed across the end of N.E. 57th Street, and by requiring that shrubs no higher than 18" at maturity be planted behind this fence. (2) The proposed new wall and fence are compatible with the property's historic character in terms of form, color, materials, and location. (3) The Board's decision does not adversely affect the relationship and congruity between the subject structure and the surroundings and does not affect the character of the historic district. The wall and fence are consistent with the character of other historic walls and fences in the district. The placement of the fence at the end of N.E. 57th Street and the resulting partial obstruction of the view is based on the historic precedent of a boat house and hedge which partially obscured the view. As such, the Board's decision is consistent with the Secretary of the Interior's "Standards for Rehabilitation." (4) The Board considered all historic information and documentation presented by the opponents at the hearing before making its decision. This information, however, was not persuasive. The Board realized that times have changed since 1924 and that the original developer's "intent," as suggested by advertisements promoting the sale of lots in the district, may have to be somewhat modified in 1994 to Page 3 of 4 94- 541 5 Sergio Rodriguez June 20, 1994 accommodate certain modern amenities, such as fences, street barricades, etc., which were not envisioned in 1924. (5) The Board's decision is consistent with prior Board decisions concerning walls and fences in front yards, including but not limited to an approved wall at 589 N.E. 57th Street (Resolution HEPB-92-10), which was an exception to the Board's guidelines. The Board's guidelines (Resolution HEPB-91-44) make provisions for exceptions based on unique circumstances. No other house in Morningside has a lot at the end of an east -west street. (6) A perusal of the record indicates that all information presented by the Preservation Officer was factual and based on professional research, observations, and analysis of the application. It is the role and professional responsibility of the Preservation Officer, per the provisions of Section 62-75 of the Miami City Code, to present expert testimony and recommendations to the Board, as well as the underlying analysis upon which such recommendations are based. (7) The public hearing was conducted in accordance with all applicable statutes and rules of procedure. All normal procedures were followed. (8) Chapter 23.1 of the Miami City Code in no way lends itself to arbitrary and capricious actions by the Board, and there is no evidence whatsoever to suggest that the Board's decision in this case was arbitrary and capricious. The vagueness, equal protection, and due process claims concerning the ordinance and Board actions are questions of law. However, our analysis reveals nothing to support such allegations. Attachment 94- 541 APPEAL 759 N.E . 57 ST. BISCAYNE BAY Iona rye 109 won No ®a @N! MN• N®! Wl604 6 H N n Ln W z WALL FENCE WALL/FENCE PROPOSED BY OWNERS WALL/FENCE APPROVED BY HEP BOA ® WALL PROPOSED BY NEIGHBORS N. BAYSHORE DR. 7 94-- 541 April 26, 1994 Miami City Commission c/o Hearing Boards Division _ Planning, Building & Zoning Department � City of Miami Miami, Florida RE: Notice of Appeal of Certificate of Appropriateness Issued by the Historic and Environmental Preservation Board On April 19, 1994 for an Application to Build a Masonry Wall and Wrought Iron Fence on property Located at 759 Northeast 57 h �tam* Florida To Whom It May Concern: A notice of appeal is hereby filed, pursuant to _$ 23.1- 5 (b) (4) (e) o-; the Miami City Code, regarding a decision of the Historic and Environmental Preservation Board entered on April 19, 1994, granting a special certificate of appropriateness for the erection of a masonry wall and wrought iron fence on the subject property. The grounds for appeal are as follows: 1. The Board's ruling is violative of S 23.1-1(a)(1) of the Miami City Code in that it failed to effect and accomplish the protection, enhancement and perpetuation of the scenic vistas which represent the distinctive elements of the City of Miami's historic and aesthetic heritage. 2. The Board's ruling is violative of S 23.1-1(b)(2) of the Miami City Corte in that it did not assure that the new construction sought is compatible with the property's historic character. 3. The Board's ruling is violative of S 23.1-5(c) of the Miami City Code in that it adversely affects the relationship and congruity between the subject structure and the surroundings and adversely affects the special character, special historic or aesthetic interest or value of the overall historic district. Additionally, the Board's ruling is violative of this section of the Miami City Code because it deviates from the U.S. Secretary of Interior's "Stand. 3s for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." 4. The Board's ruling ignored the historic information and documentation presented by opposition to the application at the time of the hearing. 5. The Board's ruling deviated from prior Board rulings - regarding the erection of structurep. or other obstructions extending beyond the front wall of any home. 94- 541 '9 6 . Factual errors were presented by the preservation officer regarding the character of the neighborhood and biased advocacy by the preservation officer of the applicant's position were beyond the general standard of making a were recommendation of staff s position. 7. The Board deviated froggy normal procedure whereby the, opportunity to address the.Board at the public hearing was closed by the Chairman and the Board engaged in negotiations with ttfe applicant at the podium depriving all attendees sitting in the audience at the hearing of -being able to hear those negotiations in violation of Florida Statutes S 286.011. S. Chapter 23.1 of the Miami City Code constitutes an overbroad delegation of powers lending itself to arbitrary and capricious action by the Board. The Board's ruing in this specific instance was both arbitrary and capricious. Chapter 23.1 of the Miami City Code is also void for vagueness. Additionally, the Board's conduct of the hearing and ruling was violative of the equal protection clause of the United States' Constitution and of the due process clauses of the United States' and Florida State Constitutions. For the aforegoing reasons, the undersigned request that the City Commission reverse the ruling of the Historic and Environmental Preservation Board and deny the applicant's request for a Certificate of Appropriateness. Ad ress ess Of tv Address "te IN E Address Address cc: Sarah Eaton Preservation Officer 94- 541 I •94 MAY -4 P12 :51 } NOTICE OF APPEAL Date: May 3, 1994 To: Ms. Teresita Fernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 -Re: 759 N.E. 57th Street, Miami FL 3317 April 19, 1994 ruling of the Historic and Environmental Preservation Board Dear Ms. Fernandez, I am a homeowner that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. f eth Felson 725 N. Bayshore Dr. LLL Miami, Florida 33137 t I 94- 541 Date: May 2, 1994 To: Ms. Teresita Fernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 Re: 759 N.E. 57th Street, Miami FL 3317 i April 19, 1994 ruling of the Historic and Environmental Preservation Board i I Dear Ms. Fernandez, I am a homeowner -that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. OAA Kos ow Ka en Ryan { 14 N.E. 59t Street 71 N.E. 59t treet Miami, Flor da 33137 Miami, Florida 33137 94_ 541 1.3 i 94 MAY -4 P12 :51 y + NOTICE OF APPEAL i i Date: May 2, 1994 jTo: Ms. Teresita Fernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 Re: 759 N.E. 57th Street, Miami FL. 3317 April 19, 1994 ruling of the Historic and Environmental Preservation Board Dear Ms. Fernandez, I am a homeowner that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. Peter 0 Connell Bonnie B1ate 665 N.E. 58th St. 665 N.E. 56th St Miami, Florida 33137 Miami _ F 1nr i riq I -Al q? '94 I ; Y -4 PI :51 NOTICE OF APPEAL Date: May 2, 1994 To: Ms. Teresita Fernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 Re: 759 N.E. 57th Street, Miami FL 3317 April 19, 1994 ruling of the Historic and Environmental Preservation Board Dear Ms. Fernandez, I am a homeowner that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. i t Kerry Igurns 666 N.E. 58th St. Miami, Florida 33137 Celaine Burns 666 N.E. 58th St. Miami, Florida 33137 94- 541 / 7 Date: May 2, 1994 I To: Ms. Teresita Fernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor j Miami, Florida 33131 I Re: 759 N.E. 57th Street, Miami FL 3317 April 19, 1994 ruling of the Historic and Environmental Preservation r Board Dear Ms. Fernandez, I am a homeowner that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. Leonard Pardon Shirley Pardon i 5724 N. Bayshore Dr. 5724 N. Bayshore Dr. Miami, Florida 33137 Miami, Florida 33137 '94 11- Ye NOTICE APPEAL P12 52 i I Date: May 2, 1994 To: Ms. Teresa !=ernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 Re: 759 N.E. 57th Street, Miami FL 3317 April 19, 1994 ruling of the Historic and Environmental Preservation Board Dear Ms. Fernandez, I am a homeowner that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. 1 Elyse EY6rnMark Schubert 641 N.E. ! St. 641 N.E. 57th St. Miami, Flc, Y 33137 Miami, Florida 33137 94- 541 P Date: May 2, 1994 To: Ms. Teresita Fernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 • Re: 759 N.E. 57th Street, Miami FL 3317 April 19, 1994 ruling of the Historic and Environmental Preservation Board Dear Ms. Fernandez, I am a homeowner that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. Keith Soto illiam Hopp l 527 N.E. 56th St. 527 N.E. 56th St. Miami, Florida 33137 Miami, Florida 33137 Owners of Lot 8 and the S27.5 ft. of Lot'7, Batshore Unit 2, Blockl9. (Northwest corner at N. Bayshore and 57th Street) 94- 541 �3 '94 MAY -4 F12 52 NOTICE OF APPEAL i Date: May 2, 1994 To: Ms. Teresita Fernandez Hearing Board Appeals Division i 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 Re: 759 N.E. 57th Street, Miami FL 3317 April'19, 1994 ruling of the Historic and Environmental Preservation Board Dear Ms. Fernandez, I am a home.OWTler that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. Je se Diner 644 N.E. 57th St. Miami, Florida 33137 Candy Diner 644 N.E. 57th St. Miami, Florida 33137 94- 541 � �- I , ILA+. 94 HAY -4 P12 :52 I NOTICE OF APPEAL Date: May 2, 1994 - To: Ms. Teresita Fernandez Hearing Board Appeals Division 275 N.W. 2nd Street, 2nd floor Miami, Florida 33131 .Re: 759 N.E. 57th Street, Miami FL 3317 April 19, 1994 ruling of the Historic and Environmental Preservation Board - Dear Ms. Fernandez, I am a homeowner that lives within 375 feet of the property involved in the April 19, 1994 board ruling. Please see Plat page attached hereto as Exhibit A. I wish to join in the appeal of the board's April 19th ruling. I Pi rce H. Mullally 56 0 N. Bayshore Dr. Miami, Florida 33137 Property: 5630 N. Bayshore Dr. Lot 8, and N 1/2 Lot 9, Block 21, Bayshore Unit Number Two, PB 12, PG 50 94- 541 � f RESOLUTION HEPB-94-10 A RESOLUTION AUTHORIZING A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A 5' CBS WALL AT THE SOUTHEAST SECTION OF THE PROPERTY, A 5' WROUGHT IRON FENCE AT THE EASTERN END OF NE 57TH STREET, AND A DRIVEWAY ALONG NORTH BAYSHORE DRIVE, FOR THE PROPERTY LOCATED AT 759 NE 57TH STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT SECTION OF CBS WALL RUNNING IN AN EAST -WEST DIRECTION PARALLEL TO NE 57TH STREET SHALL BE SET - BACK APPROXIMATELY 1', OR AS FAR AS POSSIBLE, BEHIND THE FRONT (SOUTH) FACADE OF THE HOUSE; 2. THAT SECTION OF WALL AND/OR FENCE RUNNING IN A NORTH -SOUTH DIRECTION PERPENDICULAR TO NE 57TH STREET SHALL BE CONSTRUCTED ENTIRELY OF WROUGHT IRON WITH CONCRETE POSTS, AS NEEDED; 3. NO SHRUBS OR VEGETATION HIGHER THAN 18" AT MATURITY SHALL BE PLANTED BEHIND THE WROUGHT IRON FENCE; 4. DRIVEWAY SHALL BE PAVED WITH EITHER CONCRETE OR PAVERS, NOT GRAVEL; AND FINDING THAT THE PROPOSED WORK, AS MODIFIED, IS CONSISTENT WITH THE CHARACTER OF THE BAYFRONT PROPERTIES WITHIN THE MORNINGSIDE HISTORIC DISTRICT AND COMPLIES WITH BOTH THE GUIDELINES FOR WALLS AND FENCES AS ESTABLISHED BY THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD AND THE SECRETARY OF THE INTERIOR'S "STANDARDS FOR REHABILITATION." PASSED AND ADOPTED THIS 19TH DAY OF APRIL, 1994. PRESERVATION OFFICER f� CAR 94- 541 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Historic Preservation District Evaluation Sheet Name of Property: Morningside Historic District Address: 759 NE 57 St Project Description: Application for a Certificate of Appropriateness for construction of a 5' wall at the southeast section of the property, a 5' wrought iron fence at the eastern end of NE 57 Street, and a gravel driveway. Analysis: The revised submission presented by the applicant is a significant improvement over the previous proposal for a 6' CBS wall (see attached staff evaluation sheet for March 15, 1994). The height of the wall has been reduced to 5' and is set back 8' from the property line on HE 57 Street. In addition, the enclusure at the eastern end of NE 57 Street has been changed to a 5' wrought iron fence with gates. Since the preparation of the previous staff report concerning the overall character of the historic district, additional information has been presented to cause a reevaluation. It appears that from a historic perspective, the view from NE 57 Street to the Bay was never unobstructed. In 1926, Mr. Nunnally constructed a boat house at the end of 57 Street, blocking the view. This structure was standing at least through 1957. Hedges have also been planted here and a portion currently exists. In addition, the majority, if not all, of the houses on the east side of N Bayshore Drive have historically been enclosed with walls or hedges. This proposal, therefore, is not inconsistent with the character of the bayfront properties and would ,. ill provide a vista to Biscayne Bay. Because of the historic precedent fo• rther walls on bayfront properties, it also appears to be appropri ,. to permit a 5' wall along 57 Street, particularly because of the propose :cation and the fact that it is set back 8' from the property line, Staff Recommendation: The Preservation Officer recommends that the application for a Certificate of Appropriateness be approved because the proposed project is consistent with the Secretary of the Interior's "Standards for Rehabilitation," and the character of the historic district, as stated above. Conditions, if any: 1. Replace gravel with either concrete or pavers. { Plorningside Historic District, 759 NE 57 St April 19, 1994 3 I 541 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Historic Preservation District Evaluation Sheet Name of Property: Morningside Historic District Address: 759 NE 57 St Project Description: Application for a Certificate of Appropriateness for construction of a 6' wall at the southeast section of the property and at the eastern end of NE 57 Street, and construction of a gravel driveway. Analysis: It has been the policy of the Board that all applications for fences or walls on corner properties be reviewed by the entire Board. Generally, the Board has permitted 5' wrought iron fences and 4' CBS walls to enclose the rear yards of these properties. No enclosure higher than 5' has been allowed. The proposed 6' wall is not consistent with these previous approvals. In adopting its policy on fences and walls in the Morningside Historic District, the Board considered the overall historic character of the neighborhood and the historic relationships between buildings, landscape features, and open spaces. One of the most significant character defining features of Morningside is the unobstructed views of Biscayne Bay at NE 55 Terrace, NE 57 Street, and NE 59 Street. Just as the Board determined that the front facades of houses should not be obscured with fences or walls, so too should the ends of these three streets remain unobstructed. The applicant could still enclose his "rear" yard by extending a wall or fence along NE 57 Street directly eastward to Biscayne Bay. The small lot at the end of NE 57 Street could then remain open. The applicant is also proposing to modify the shape of the existing driveway and use gravel as a paving material. It has not been determined that gravel was ever used historically in Morningside. The Board has previously permitted concrete or pavers only. Staff Recommendation: The Preservation Officer recommends that the application for a Certificate of Appropriateness be denied because the proposed project is not consistent with either the Board's guidelines or the Secretary of the Interior's "Standards for Rehabilitation," as stated above. Staff, however, would recommend approval if the following modifications were made: Conditions, if any: 1. Either reduce height of wall to 4' or substitute a 5' wrought iron fence. 2. Eliminate wall or fence at end of NE 57 Street, and instead extend wall or fence directly eastward along NE 57 Street to the bay. 3. Replace gravel with either concrete or pavers. Morningside Historic District 759 NE 57 St March 15, 1994 94- 541 3-3 The Vintage Group of Companies April 4, 1994 City of Miami VI NTAG E Historic Preservation Board PROPERTIES Dear Board Members: INCORPORATED Enclosed with this letter please find a significantly altered VINTAGE submission for enclosing a portion of our side and back yards. You will REALTY see from the architect's plans that, unlike the prior submission, a substantial portion of the enclosure is now wrought iron fencing which GROUP, INC. completely preserves the vista to the water. The other portion of the License Real enclosure has been reduced from six feet to five feet and moved north off Estate Broker the south property line by eight feet. Wrought iron and new curves have also been added to the portion coming off of the house. These changes help maintain the openness of the street. This current submission fairly balances historical preservation and restoration of the estate as it was in the 1930's (see discussion below), the concerns of the neighborhood and the privacy and liability issues which I face as an owner. 1601 Jefferson Avenue So as to assist all of us in expediting this matter at the April 19th meeting, let me briefly outline below the key points which I will be Miami ?eoc., discussing. Rondo 3313� Tel (305) 534.1424 Prime Fax: (305) 532.5325 In its current condition, there are no fences and little hedging around the property as most of it was removed either by the prior owner in 1993 in order to clean up the property for sale or by us in order to rebuild the foundation and reconstruct the facade. Now that the outside work is nearing completion, we would like to return the property to its condition of the late 1920's which would in effect afford us some privacy in what we consider our back yard The improvements are very much in keeping with the other bayfront homes. The first owner's original intention was to retain the land for his private enjoyment. The original owner, Mr. Nunnally, was the developer of Momingside and . when he laid out the streets, he deeded the land at the end of 59th and 61 st Streets to the City but he maintained ownership of the 40 x 70 foot lot at the end of NE 94- 541 City of Miami Historic Preservation Board April 4, 1994 Page 2 57th Street, On this land he put a large boat house (Exhibit A), boat davit, dock and hedged the entire area from the street with a six foot hedge and sea grapes. (Additional evidence to be submitted.) This lot has been deeded to each of the four prior owners of the house for their exclusive use and enjoyment and was part of the land that was noted on the deed that conveyed the house to me. The way the property has been maintained or neglected over the past two decades when the house was owned by Mr. McCormick (from whom I purchased the house) is not relevant in terms of historical preservation. By way of historic example, the 400 block of Lincoln Road had its art deco facades obliterated 20 years ago with faux Spanish hacienda arcades. If the owner came before you to restore the original architecture of the 1930's, you would not deem it relevant that neighbors of Lincoln Road liked walking under the arcade. What is relevant to historic preservation is accommodating the historical past, and by that I mean the decade when this area was first developed with the changing world in which we live. It is why the neighborhood has changed historic street layouts, it is why the street lighting is not historic but functions well in the type of world in which we live. It is why my neighbors desire privacy in this age of greater street traffic and crime - as evidenced by the numerous fencing and wall applications and the large number of oversized hedges and non complying walls. It is why I must fence/wall in this back portion of my property. Liabili The enclosures are also necessary due to the substantial liability i issue to which we are exposed by having no barrier between the public and the water over our land. You will see from the enclosed correspondence (Exhibit B) between myself and my insurance company that they are requiring an enclosure to be built much higher than I am requesting. I will have to convince them that the enclosures adequate for their purposes. However, should I not be granted an enclosure of reasonable height (reasonable, that is, from a liability pant of view), my insurance company will not renew the policy and it is currently very difficult to obtain property and liability insurance on waterfront property since Hurricane Andrew. Should 94- 541 City of Miami Historic Preservation Board April 4, 1994 Page 3 I fail to satisfy the insurance company because I am not able to put up this enclosure, the policy will not be renewed. I will then not only be subject to large liability awards given to litigants who fall off the seawall but I will be in violation of my mortgage and subject to foreclosure. Enhancement of the Propeft in Character with its First Decade This property was the winter estate of a very wealthy mid - western entrepreneur who decided to develop a neighborhood of beautiful homes during the real estate boom of the mid 1920's. Mr. Nunnally's estate occupied all of the land bounded by Biscayne Bay and North Bayshore Drive from Northeast 57th Street (then Coconut Avenue) to Northeast 59th Street. It wasn't until the 1960's that the 120 foot lot to the north of the house was sold, the sale of which included the carriage house. The main house was not your typical 1920's suburban home with a maid's room off the kitchen. There were servants' quarters accommodating five servants, a servants' dining porch and, outside, a gardener's bathroom. In addition, there was the boat house (on the lot at the end of 57th Street) and garages for four motor vehicles. Mr. Nunnally must have viewed 57th Street, the grandest boulevard in Morningside, as a magnificent driveway to his property. Do you really think that the house was uniandscaped and without privacy? No, this was = orivate estate (letters from residents of Morningside in the 1930' o be submitted) which was able to show its front facade to 1�, world as an advertisement for Mr. Nunnally's development efforts. The rest of the properly was hedged and a small portion of that hedge has survived to today at the end of 57th Street and was viewed by Sarah Eaton. Our neighbors just to the south of us, on the other side of 57th Street, who have lived there since 1978 will testify to the existence of a five to six foot hedge around the entire 57th Street frontage of the property from the front walk to the housearound the cul de sac of 57th Street. 94- 541 3� City of Miami Historic Preservation Board April 4, 1994 Page 4 In conclusion, I believe the current submission accommodates our concerns as well as those of the neighborhood and the insurance company. Most importantly, the current submission fully maintains the vista to the water and allows a full view of the front facade of the house (i.e., 57th Street) and total open views from North Bayshore Drive. There will be a landscaping plan submitted prior to April 19th which will show that the entire south lawn in front of the house and all land west of the house to North Bayshore Drive will remain open without fencing. I thank you in advance for the time and consideration which I know you will give to this new submission and look forward to providing additional historical evidence as to the condition of the property in the 1920's and 1930's at the April 19th meeting. Very truly yours, Steven Polakofi SP/ae cc: Sarah Eaton IWV HL-/\L I'M-LWI< I I ruLlu CITY OF MIAMI, FLORIDA TAX ASSESSOR IL. MA. QI ----USE CONSTRUCTION co"O. HIND OF JURE CS A BAy suoRg UNIT 2 c EXTIEMOR FEATURES 1,1411killu" WA118 AND FINIBil Roor IVIRIL. ROOF MATERIAL t3 VIAC4A& LV 1FRVCFURf3 9 L f W1. . . . . . . . . . . . . . . A EXTERIOR FEATURES INTERIOR FEATURED . . . . . . . . . . . . . . . EXTERWR TRIM wlNuowa 000 "a Ponclife UASEMENT FLOOR TYPK FLA)OR MATCRIAL WA" w n . . . . . . . . . . x . . . . . . . . . . . . . . . AIt G INTERIOR FEATURED -1 At . . . . . . . . . . . . . . . A . . . . . . . . . . . Il FINIF.14 TRIM ATTIC-- 3, I•LI mfj r4c PLUMBING FIXTURES 01CA14NG LOONVINa Rooms A 6 C LIVNe. ROOM 04mm; $Do" stur,00.5 11.1tf ToF^Lo JIFREET BUIJ —Y—ZE I, _­e ()ING COLIPU TA I IUHS I� Ff. RATE C011' CON EQUIPMENT A a c FRO. If t I r. 104 1 __iCUl 70 176 LA —DAY JKAJ5 mm c"WID"W& I luk. Peul Ilk$ P1WJAjJ1JW.LLj WWL 'ILL' kQGF z Al I I 11_1/ 1. Ica HU.Of tLtCINIC OUILM t6o, ur ELICIPIC filluftfs I Irt u? IiEMAII Ks ... .... ILAIIU II AI UNES I AND CDYPUT ATIONi _ 1 - .._ _. ..—.—.—._—_ Il AN IANU tllll/UN1G 1t11AL CluNcl 1A■CYIF NI ASON ION CIIANGf ■AIfN NI UIf A■ CORIUM ON. I UIII AN IN, .NLIL All NUIII- .Y1��n11 Y.1111 V.1 U[ Y4l U! YALUI _--_---_----.._ — i y.E l.unl b1V 111 1, 1. . L1 \I I I I E.L. Ullli IJ55 __ --- -----------------'--------_-- — •-- - - 1956 ILLtfl l,Il __ _ I957 -- -- -- - -- - - ----- _r±nullalE! 1950 _. -_.'_. --- --- -- - — ----- ---- L' unurYo.w lr. -.. - - - IJGO ------ ----' - ----- ------ r.+11..utr IUGI (L.tlINI. I!IG2 .mn ..r I969 i IE1 LnlullLrlurw ...... 19G5 II.u,II 19GG uH 1(.0 19G'1 j tlwYu.eN - -----196G—------- -- ---- - ----- - IWUI.N .ell 1969_-_— j I .Hou .rlHc 1970 i Yfit 1971 l A.N tr.IN11 t■ 1972 1913 -- - - --- --- 1973 --- --- ---..._. -- - -- - to Eu[u■ 1975 ----- -- -- --- j-------------- -- swwANr Y ) ANOINT ACCOUNT A)CIUNI ACOUII AMOUNT AMOUNT M ) LRUtt I AND VAL U( HAI lltli ei ENIIANLINL f----AI1JI1111Ir U11r M 1111 tl) DF /YAC IInL f 1(UNi1NlIL IIUII - -- —_ ■ 1 NLI IAHU V.I Uf - -- -_ - -_--- IfUIINDAllUl --- 1.1 111-LUIHLI I I tl Sl Y1111 1•) IIIY ANo..I A IA I N1 UN .Al II 1 NIN 1 MP.CEI I AHL IIUS • 1 IIouNI_— IUY)DLS C 1111I(NHIN--- -----_---- --- ----- CIRI■C11(S - - - --- ----- -_--- . VI U.I IIHU� llwrt L■Dt! tlt to VALUE I I11 AIIIN. ItlAN/rUMIAlIl1N (HIIAHCIHL ■ Iu It Cl­I111 bit I■INU Uk IRAC IInL • 11 1(. TUTAL VALUE . . - IUTAI IIN111 U11 --_— ---1 _ ----- AIARAt I-IHCIA.( rr11(l1t AIIIDUt UAIA YEAR —110. UAII INu.__ --nN1 HCIIANYI:- FAIR AIIN11A1 LNU$% I IN A.11 IAl n11 -- NAIL ..------'- SALE L(uIIYAIL SALT Ill IY.0 IINU INIt. D.Nt Nt1111NA1[ - - r Al. Y.YA L 11.1 U( _ ... � /I41 UIIIIM.NCI - 7777 �lv tt "'4tZ vj I 41 2'��--;- e ;KH\(3%r C3 `L, I V V ''Since 1935" dFJ.E�r 1l Ti 1 C 1Cd.1.Y �C BAD INC. INSURANCE / FINANCIAL SERVICE: 9500 S Dadeland Blvd„ Suite 200. %/liami, FL 33156 o P O Box 561567. Miami, FL 33256-1567 (3051 670-61 ! 1 e Fax (305 ) 670-9699 • Outside Dade (800) 273-4433 March 9, 1994 Mr. Steve Polakoff Vintage Properties 1601 Jefferson Avenue Miami Beach, FL 33139 R:.: Lexington Insurance Homeo�,ners H030042144000 09/27/93 - 09/27/94 Dear Steve: You will recall when we originally wrote the above captioned policy it was with the understanding that you were going to be doing substantial renovations to the residence. The underwriter for Lexington indicated that they are looking for you to upgrade the roof, replace the wiring, replace the kitchen, upgrade the plumbing, and do something to reduce the liability exposure generated from being on the water. There is, very obviously, an increased liability exposure as a result of this. - When you have an opportunity, please advise the progress you have made with regard to these items so that we might pass that .information on to the Lexington. We appreciate your usual fine cooperation and assistance. Best regards, H Jr. es Wo ` y rley, , HW/mld The Vintage Group of Companies March 16, 1994 Via Fax VINTAGE Mr. Hayes Worley PROPERTIES Worley Humphrey & Ball, Inc. 9500 South Dadeland Boulevard, Suite 200 INCORPOR.�TED Miami, Florida 33156 Fax Number 670-9699 VINTAGE REALTY Re: 5701 North Bayshore Drive Homeowner's H030042144000 GROUP, INC. License Real Dear Hayes: Estate broker 1 am in receipt of your letter of March 9th regarding the renovations needed in order to insure renewal of my homeowner's policy. To date, we have completed the replacement of the roof, replacement of all plumbing (converting to copper) and replacement of all electrical wiring. At the current time, the kitchen has been completely ,C;:a`e.'AV er,Ue gutted and the installation of the new cabinetry and appliances is scheduled for the week of April 18th. With regard to the liability exposure generated from being on the Te;.. (3C5j 53^ 142- water, we are planning to go before the Preservation Board on April 19th with a proposal that would approve a wall running from the southeast Fax:13C5! 532-5325 corner of our house to the southwest corner of the lot at the eastern end of 57th Street (please see attached diagram). Would you please indicate to me how high this barrier should be in order to sufficiently reduce our liability exposure and satisfy the underwriter. I need an answer by no later than Monday, March 21 st. Sincerely, l� Steven Polakoff SP/ae Attachment 94-- 541� M' d luicl V IV "Since 1935" W ORLEY HLWHREY & BALL, INC. INSU9ANCE / FINANCIAL SERVICES 9500 S. Dedeland B!Vt , 5uce 200, Miami, F 33156 • RO. Box 561567, Miami, FL 33256-1567 (305) 670-31 1 1 • Fax (305) 670-9699 • Outside Dade (8CC; 273-4433 March 22, 1994 Mr. Steve Polakoff Fax: 532-5325 1601 Jefferson Avenue Miami Beach, FLU 33139 RE: Dwelling Homeowners H030042144000 : 09/27/93 - 09/27/94 Dear Steve: I am in receipt of yours of March 16th and appreciate your prompt response to cry inquiries with regard to the renovations of the residence. Also at this point, let me suggest that any wall you construct should be tall enough to keep adults from easily climbing over same. My suggestion would be in the area of 6 to 7 feet. Our concern would be twofold. First, when the possibility of burglary is reduced the more difficult ycu make it. And secondly, the liability hazard of trespassers falling in the bay (sn our opinion an attractive nuisance) would be greatly reduced. Should you have any further questions In regard to this matter, please let me'know. Thanks so much. Best regards, J. Hayes Worley, Jx. HW/mld r/iP 94 - 9 APPLICATION FOR CERTIFICATE .�'�.,C°'�.�A:,.., OF APPROPRIATENESS ALTERATIONS, NEW CONSTRUCTION NAME OF HISTORIC SITE/HISTORIC DISTRICT ADDRESS OF PROPERTY OWNER'S NAME % p y MtLHsS�Lr ���CF GQ �'C{'i1�S�N IOVl�I�O OWNER'S ADDRESS ��- - q u OWNED..' SLT�ELEF!.ZONE 5`3 L- 1/'4,---,+ APPLICANT'S NA►)E (IF NOT OWNER) RELATIONSHIP TO OWNER MATERIALS SUBMITTED WITH APPLICATION MINOR ALTERATIONS MAJOR ALTERATIONS SIGNS ❑ EXHIBIT NO. 1 ❑ EXHIBIT NO. 1 ❑ EXF'IbiT NO. I ❑ EXHIBIT NO. 2 ❑ EXHIBIT NO. 2 ❑ EXHIBIT NO. 2 ❑ EXHIBIT NO. 3 ❑ EXHIBIT N0. 3 ❑ EXHIBIT NO. 3 ❑ EXHIBIT NO. 4 ❑ EXHIBIT NO. 4 ❑ EXHIBIT NO. 4 Q EXHIBIT NO. 5 ❑ EXHIBIT NO. 5 ❑ EXHIBIT N". 6 ❑ EXH18IT NO. 7 ❑ EXHIBIT NO, s DETAILED DESCRIPTION OF REHABILITATION V!ORK PROVIDE AN OVERALL DESCRIPTION OF PROJECT. DESCRIBE THE NATURE AND SPECIFIC LOCATION OF ALL PROPOSED IMPROVEMENTS OR CHANGES TO THE PROPERTY. USE ADDITIONAL PAGE IF NECESSAPY. tjf,0 6,240�:f— T>CL4 ✓,E UAY �--io 2Z FLAC6 FxL5711,J c. A,6fiiA Lc— vVtvV- vYn,y_ RF,Q 6, - O" Co�4'�.D f 1�/A�.� �CoNG RATE AND WULU47- i iZ 0*4) Co t�1 0:F S-� T-4 94_ 54, r REASONS FCR PROPOSED IMPROVEMENTS OR CHANGES 4-ffou) Miv4e-Y To BACk YM,19 aT5- 410LI!5E . i PROFESSIONAL ADVISERS LIST THE NAME AND FIRM OF SUCH PROFESSIONAL ADVISERS AS ARCHITECT, ENGINEER, LANDSCAPE ARCHITECT, CONTRACTOR, AND PRESERVATION CONSULTANT. NAME/FIRM ADDRESS TELEPHONE MF- WAY A L 4�f8�2(2S NAME/FIRM ADDRESS TELEPHONE NAME/FIRM ADDRESS TELEPHONE NAME /FIR}1 ADDRESS TELEPHONE NAME/FIR4 ADDRESS TELEPHONE EXPECTED SCHEDULE I CERTIFY TO THE BBST OF MY KNOY' DGE AND BELIEF TEAT ALL INFORMATION IN THI.; APPLICATION AND ITS ATT S IS TRU AND C RRECT 1 SIGNATURE OF PROPERTY OWNEk ATE RE OF APPL FOR STAFF USE ONLYt APPLICATION NO. DATE RECEIVED STAFF REVIEW FINAL ACTION STANDARD CA O SPECIAL CA HEARING DATE FINAL ACTION 9 4 aJ 5 4 1 �.. • 4 l i s"- • > I ' r, tiFt4 T • ++•'JJJA111� ����77!! • � r x 4yf4{.+ J4Ur4:ry � 1. yyix y�'2h` t ..x w � + ♦ ',fit �H � 17 HJ�,.. � r i r �,7 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Matty Hirai DATE City Cje,r>) �� SUBJECT FROM : ,) (Willy) GOrt REFERENCES: lssloncr ENCLOSURES: July 12, 1994 FILE Pursuant to the City Attorney's memorandum dated July 7, 1994 with reference to the construction of a wall on the property located at 5701 N. Bayshore Drive in the Morningside Ilistori:; District. 1 am forwarding for inclusion in your Iile(s), unsolicited documents on this matter which were in my files. I have no knowledge of whether this information is of an exclusive nature since I have not been apprised nor have I personally reviewed said documents. However, this information should be, made available to all parties involved with this issue for their review and comment, relative to agenda item numbers, 58 & 59 on the City Commission agenda July 14, 1994. Additionally, I have been informed that my staff did discuss this issue with individuals from the community prior to the filing of the subject appeals, however I was not personally aware of said discussions because my staff had not briefed me on this matter. Thank you. WG/rr cc: Chief of the Hearing Board Division Planning, Building & Zoning Dept. City Attorney City Manager Submitted ".;o flO 3U�?I3C "' UJ City Clerk 94- 540 94- 54.E BHP TEL g�1; un 21 94 11 lU No . UU (' 1' . Ul i FLORIDA DEI'ARTMEN1 OF STATE Jim Smith Seem y of State DIVISION OF HISTORICAL PkESCURCCS R.A. Gray Building 500 South Bronough iallahl%wt, Florida 37)99-0250 Director's Office l'elccop{er Number (FAX) (904) 4 88-1480 (904)495.1353 FACSTMILL TRANSMITTAL 9REET TO FAX NUMBER: 30S - 250 - 5456 Please deliver the following pages to: NAME: C;omrlissiosier 11illic Gort COMPANY: Citv of Mi arni CITY/S T'ATB t Miami, Flori& SENDER: Bill 'Thurston 0 D1irr>r: 6/20/��4 NUMBER OF PAGES (including transmittal, sheet): 3 FROM FAX: (904) 922-0496 COMMZ14TS: For your information as reauested hN, 1.1s. Nora K. Schaefer If there are any problen►s in receiving this transmissoi.or,, Tease call (904) 487-2333. 540 j 94-- 541 Archaeological Research Florida Folklife Programs Historic Preservation Museum of intidr•. 1-141-- 0 c TtL:904-922-0496 Jun 21 94 t: Ad FLORII)A DEPARTNIFNT Ol- STATE )im Sinith Secretary of State DIVISION OI: HISTORICAL RL•.SOURCLS WA Grab Iluildir,g 500 So'.01 vfonouhh Tallalob. vc, Flc md.i 32399-0250 Director. Officc Telecctpier Numbet IFAX) (904) W-1 483 (904) 48N-3353 April 18, 1994 11:11 No.007 P.02 Ms. Sarah Eaton City of Miami Planning Department 275 N. W. Second Street Miami, Florida 33128 Dear Ms. Eaton: It is my understanding that there is a proposal pending before the Historic and Environmental Preservation Board of Miami for a privacy wall to be built at the end of 57th Street in the Morningside (Bay Shore) area. while this is clearly a local government decision, I want to share with you some information from our files relating to this historic neighborhood. The neighborhood was listed on the National Register of Historic Places as the Bay Shore Historic District on • October 2, 1992. In describing the setting of the neighborhood for the National Register nomination, there were several statements made which may be relevant to your consideration of this matter. one it that "the neighborhood's bayfront location and the landscape and streetscape improvements provided by the developer were important ingredients in defining the character of what is known as bay .shore Historic District". The nomination also states that "All east -west (streets, except the most northern and southern two, terminate at Biscayne gay, providing visual access to the water". In deciding whether or not a privacy wall. should be built in this location or in deciding what height and materials should be allowed, it is our belief that the Board should carefully consider the historic setting and how it might be affected by this decision. • C a 1 Archaeological Research Florida Fulklife Programs Hiiauric Pteser►atiun Museum of Florida History t9041 4$-•2203 (004) }?7-2192 10J4.487.233; (0041 468-IJ84 Hs. Sarah Eaton April 18, 1994 Page Two xf you have any questions concerning this letter, please feed, free to contact me at 904/488-1480. Sincerely, Geor a W. Percy,, i actor Division of Historical ResouJrces :`WP/sw cc: Norah Schaefer 94- 540 94- 541 5701 N. p 'HORS DRIVE - FACT SHEET -_ UNE 6. 1994 WHAT WASPS PROPO*ED STREET CLOSING -- Owners were told most people would not care and this was cheapest way to get privacy. Plan withdrawn. SIX FOOT WALL -- Provide view corridor to water and only enclosed backyard --Plan withdrawn before presentation to Board to further poll neighborhood. FIVE FOOT WALL AND FENCE-- Entire end of 57th Street to be wrought iron with vistas to the bay; CBS/Stucco wall running east/west lowered to 5 foot and pulled back from property line by 8 feet. (See enclosed diagram) FACTS TO SUPPORT CURRENT PROPOSAL, 1. 1935 Plat Book shows separate end lot with 12 x 20 boathouse. Always owned privately. 2. City Of Miami permit records show 12 x 20 foot boat house with cement footings, electric, etc. constructed on the end lot at the end of 57th Street. 3. US aerial photos surveying the coastline in 1942 and 1952 show the boathouse and extensive perimeter hedging. 1972 photos shows no boathouse but extensive hedging. 4. Original developer excluded lot at the end of the street from any deed restrictions regarding vistas and hedging. 5. The Miami historic preservation officer found not only that the enclosure is historically appropriate but also very much in keeping with the state of other eastern lots on N. Bayshore Drive. 6. The City of Miami Zoning Dept., found at the hearing that the zoning code, as written, defines the front of the house to be North Bayshore and thus the proposed enclosure runs out from the rear portion of their side yard to enclose backyard and is therefore appropriate. 7. What is proposed obscures no view of the 57th Street or N. Bayshore Drive facades of the house nor the view of the water. The Historic Board voted 6 - 0 in favor of the enclosure. CONCLUSION The restoration of this key house has been well done and enhances the neighborhood. The enclosure is historically appropriate and allows the owner the privacy they need given the fact that a public street dead ends in their backyard. What they want is the very least each of us would require in such a house. The evidence they provided was absolutely conclusive as to the use and enclosure of the property and was generated by government authorities years ago and is not subject to alteration or interpretation. Having conclusively prover, the historical appropriateness of their plan and conceded a vista which is not even historically accurate, these people should get what they asked for and be left alone. 9 4 - 540 94" 541 Sincerely, NAME ADDRESS: NAME L ADDRESS ------ NKME ADDRESS: NAME ADDRESS: r Llz—' LLI NME ADDRESS: NAME r. 17 'D be) ST ADDRESS:, C)Sbceroc NAME _Si.� N-z- -ST- ADDRESS'--- NAM Tit- c-'r- ADDR S' NAME DDRE \ S: 94- 540 94- 541 M. I] rot 4 .. Y x/ Leon Y THE Ormx OF ERNESTO FA®RE HISTORIC PREVrAVAMN-0criCN STUDIO O I • I l { I i i i THE Off IGE Of ERNESTO FA13RE HISTORIC PREGEAVATION()[SIGN PTUMI! it . I III ; 1 1 ,�i{ ,•j �I I.4 �Ll � 1 I I I I��lI1lNII1i1��'���� � � ��1�11l11111111i111I11111111111�111111���___.__.��.�. Miami City Hall (� 3500 Pan American Dr. Coconut Grove, Fla. 33133 Dear On May 4, residents of Yorningside, Miami's first historic district, filed an appeal of the city's Historic and Environuental Preservation Board's April 19 ruling that property owners at 759 NE 57th St. could build a five-foot combination wall/fence at the east end of. Northeast 57 Street. More than 50 neighborhood residents were in the City Commission chambers to witness the board's actions. Five speakers presented Save Our Bay Vista petitions that contained almost 500 signatures from people opposed to this bayfront lmped1ment. Please know that 1 support this appeal and urge you to review the matter in detail. ` Sincerely, i J , G� I t `l''`e'✓ � )ve* 94- 540 9�_ 541 ALFRED P. SASIADEK. 453 Northeast 55th Terrace, Nflami, Florida 33137 (305) 757-1584 May 11, 1994 Commissioner Willy Gort Miami City Mall 3500 Pan American Drive Miami, Florida 33133 Dear Commissioner ('.Tort, I am writing this letter as a concerned voting citizen of the City of Miami, and as a resident of the Momingside Historic District. Soon will come before you an appeal of a Historic Preservation and Environmental Review Board decision to allow a combination 5 foot masonry and wrought iron fence at the end of NE 57th Street, effectively blocking the view of Biscayne Bay. This appeal was filed May 4 by the residents of Momingside, Miami's first historic district. The ruling in question was handed down on April 19 by the Preservation Board as a quasi - compromise after more than 2 hours of testimony. The ruling answered the owner's rightful desire to block his private property, but did not sufficiently reflect the overwhelming desire of other residents to preserve another beautiful, waterfront view available to the citizens of Miami. More than 50 neighborhood residents opposed to this plan were present in the City Commission chambers to witness the action of the Board. Petitions containing almost 500 signatures to save the Bay view were also presented. Please know that I support this appeal and urge you to review the matter in detail and consider the implications of supporting the removal of more bay view from public sight, as you deliberate this matter with the City Commission. You might also consider that many residents support the city claiming this land for the public, and would work to generate funds required to compensate the owner so there would be no cost to the city. Before I close, it has come to my attention thhat most of the Members of the Historical Preservation Board do not even reside in die City of Miami. I resent outsiders being appointed to such boards by the City Commission, where they make decisions that impact residents of Miami. Thank you for your consideration on these matters. Sincerely, 4.,,.,,,I. Alfred P. Sasiadek 94- 540 94- 541 un46ai nwil, ou�cuolrul,a t I SCIV I pt , i HUNT..ONES &, Bus ,1LEY A P*01RKBB10NAL ABBOCIATION V 4,TTORNRYB AT LAW COURVOIBIta CXIVTRII a BUITit41va 7100 or COjN*XL LAWR9NQ& 4. EVA" RAUL A. ARRNCIYIA GUY N. I♦AILRY, AC RRICxRLt itOCY L9R1V8 J, BRUCt 114VINO a, ,LATHY J, R191•R 041AMt, PLOPICkA 93W-841*3 RoBeRT R. BCHUR AltRCROR® G. OUSTO SCOTT L. r.AOAN TRL, (000) 074-6606 0914404 dGLiNBL� TIMOTMY CONK PAX (OOR) 374-0715 WM, R. O.AWRB rT&VlCN CARLYLr CRQNICO OgOR®IC J. SAYA JAMItB C. CLINNINQHAM, JR. RICHARD M. MAVIS BAPtL 0, 0^6LOP JUCITH B• OR69149 RICHARD H. HUNT, JR, RRUCR HURWI?Z JBB>•[ C, JONLG JOHN 0. LRVITT Monday, May 2, 1994 City Commission Agenda Clerk City of Miami, Florida Miami City Mall 3500 Pan American Drive Miami, Plozida 33133 AO Tel fa .1707 RE: Steven Polakoff and Michael Carves / 5701 North Bayshore Drive Dear Sir or Madam: This firm represents Steven Polakoff and Michael Carver, the owners of the property located at 5701 North Bayshore Drive in the Morningside area of ?&ami, (sometimes known as 759 Northeast 57th Street.) We have bun advised that the Morningside Civic Association, in a letter to the Commission dated April 4, 1994, requested that the City Commission grant It a homing, (which has been wt as item #31 on the Commission's May 5, 1994 agenda,) to hear its opposition to approval Of "a six foot concrete wall blocking the view at the end of Northeast 57th Start." Our clients' application for a five foot 9hL was scheduled to be heard by the Mstoric and Environmental Preservation ward on April 19, 1994. Ito Civic Association's request apparently was based upon pmUminary plans which were not the subjoct of the Board's hearing. At the Mstoric and Environmental ITwes6rvation Board's hearing on our clients' application for a certificate of Appro]P&Mnm held on April 19th, the Board aetod on our clients' application for a five foot ww�UU kQIa fence running across the end of Northeast 57th Stmet, (a conmte and stucco wall was also approved, but it does not block the end of Northeast 57th Street,) approving uge application with some changes which gave even greater "view vistas" across our clients' property, Agenda Clerk Monday, May 2, 1994 Page 2 Sirice our clients' application was for a five foot wrought iron fence which does not in any way block the view from the end of the cul-de-sac, the Civic Association's request is both improper atld irrelevant. We also strongly suspect that the Civic Association will attempt to use this erroneous agenda item as an opening through which to introduce a request that the City Commission take our clients' property by eminent domain for "view purposes." Such a request would be entirely illegal, not only be auso the agenda item fails to properly apprise the public of the subject matter to be discusW, but becauso discussion of eminent domain issues requires the utmost in public notice and notice to the owner, which clearly would not exist in this case. We formally request that since agenda item #31 deals with erroneous subject matter, that it must be mmoved from the agenda. Thank you far your consideration in this matter. Please contact me to confirm that this agenda item has been removed. Sincerely, WS°TO cc: Steven Polakoff Michael Carver Bail Gallop, Esquire Julie Bru, Esquire, Assistant City Attorney EBAILEY HUNT JONES & BUSTO A POROPI {SIONAi, AMSOCtATION ATTOPNgY5 AY L.AW •..• C�'fy �i ,'`.ale. + � i'.R�i�1� „n_41 �,;, {��t+'�.y ��.p, _ ... -- 94- 540 94- 541 SENT BY: 2-94 ; 2 : 20PM BAILF" INUNT-► 3058581707;# 1 Raul A. Araw1bla ouy B. Bailey, Jr. Blicnboth B&kar Raspy J. Bible Uarce des C. Bueto Soott L. Cagan Timothy Cone swan C. Csvnig Daum C. Cunningham, Jr. Richard Zvi, Devie Bart 0. ©atlop Judith B. flrems Jerome liaacho Richard H. HUW' Jr. Bnw Hurwitz law C. Janoe Jahn B. Levitt *Admhtad in New York Oely BA ZY HiT1VT JONE.S & BUSTO a profewoaal "Sociatioal Attorooye at Law 300 Courvoirdw COMM 501 Brickell Roy Drive Miami, Florida 33131-2623 Telophoas (305) 374.5505 Tetafactim a (305) 374-6715 TELEFACSrvME MEMORANDUM Lawrence S, Evans J. Bruce Irving Robert E. Schur 3e3ior Coaateel: Wm. R. Dawu GKTV BAY& gON REQUESM pw iVbmtratlon contained in this teWacstmlle message is privileged and xnfidential ig67miation intend'*d onlyfor the use of the IndivWuai or entity named btlow, V the reader of tuts ntesaage is not the intended reciplou, or the amplo w or apm rerpavible to deilvm- it to the Wended recipient, you are hereby notified that any dixtemination, distribution or ovpying of this communication is strictly proWiied, Reaaipt by anyone other than the twended reetplent is not a waiver of any attorney -aids or worn pmdtd privilege, V you have received this communication In error, pleam immoodlately noo Us. Nyisray l"if long distance, by cvllea call, parson -to parson) at (30) 374-3505 and rourn the original copy of this oommuniauion to us at the adduct abowt by V.S. Penal service. We will reimburse you for the postage. 7w4nk you. DATE: Monday, May 2, 1994 TW: 2:24 pm EDT TO: Asenda CIwk Mr. Savor PoWcoff & Mr. Michael Carvat PAX At: 858.1707 $32-532.5 TELEPHONE #: 250-5400 $34.1424 T0: )ulic Btu, Esquire FAX N: 579-3399 TELEPHONE a: IW-6700 FROM: Stevea C, Ctomig Flu C 935300 RE: Powmf% and Carver Please call AU-374-53505 01you do not receive S papes (Including this memorandum), M$S9Aa13: Lotter attacw. NOTE: To reduce the use of non-reuwable paper rvsourom and to Wlkv duplication in ewryone's files, originals of Letters and other materiabr sent by teWacsh"Ile are not sent'by mail unless apec(ftcally norad or'nVueited. I � ,A1 QJ MIAMI DAILY BUSINESS REVIEW • WEDNESDAY, OCTOBER 27, 1993 eiehbc rhcaods by Review staff >z .louse sales double in Morningside area BY CAROLYN GUNISS REVIEW STAFF N the northeastern Miami neigh- borhood :of Morningside, house doubled and prices rose distinctly duj,ng the six-month period of April through September of this year. Twenty houses sold in this year's period, compared with 11 during the same period last year, according to data provided by the Prudential Flor- ida Realty. Prices increased sharply on houses of about the same size. The average square footage of houses sold last year was 2,145, 44 square feet more than this year's average of 2,101. The aver- age price per square foot this year was $70.94, nearly $10 more than last year's $61.02. `1• / C . 2 S- P. Prices can range up to $135 per ire foot on the high end, not in- cwding oceanfront sales, said Rusty Atlas, one of the brokers at Atlas Re- alty Inc. Prices for April through September reflected a marked increase. Last year during the six-month period, the aver - Neighborhoods is a weekly column on residential real estate values in South Florida cities and towns, Broward County y ti , f Mr Niemi NDTI t LaksaP It�nl K �>: � - � � * adoGounty �N rth [iaacrt / � l)a� Htalcah Htate ; y4iaml ; S I �' Jk Garoen ` }r T orel rfekSe s c t .�ESpnngs: Miami Beadi Miami U NE 60 St. J "Ag X1 �":. w coconut ' t NE 54 St. a Grove I �n ,�,+'t7. 7 �tyjM`jh;C�A. .yam Q NE50SL � Atlantic p`t _P Ocean Homestead Broker Norah Schaefer: `Even though it is an inner-city Roridect ! 1/ neighborhood, homes in the area have architectural value.' age price of houses sold was $130,863. some of them bayfront, and is east of lie added: "Most of the shoppers in This year's average is $149,070. Biscayne Boulevard between Northeast Morningside are coming from urban "The low prices are the last of de- 50th and 60th streets. It is partly sur- areas, so they want to be near multi - pressed market sale prices," said bro- rounded by a high -crime area. cultural activity, and it's usually places ker Norah Schaefer of Norah Schaefer Atlas defends the neighborhood, like Morningside that can give people Inc., which sells real estate in the area, though. "Crime is -a citywide problem the best value for their money." "Even though it is an inner-city but ... it's all about percepti6n," he neighborhood, homes in the area have said. "People perceive Morningside as The neighborhood's proximity to architectural value, plus the area is being near a crime -filled area, but sd is j downtown Miami andthe airport charming," Schaefer said. Coral Gables. The difference 'is, Coral The neighborhood has 400 houses, Gables isn't perceived that way." SEE NEIGHBORHOODS, PAGE Al2 + 1-7 A10 MIAMI DAILY BUSINESS REVIEW a WEDNESDAY, FEBRUARY 9,19% Neighborhoods by Review staff House sales up in Bay Point, 0 �{t�Fs��;�r�n��a �` � � �♦y;�qr �,��+�p �� gated l community . � r l,r " ya f ti�Y A iy;it � S } AIA N -AJ street lights," said longtime resident "The g"A � M BY LORNA JOHNSON-NOEL REVIEW S FAFF Mary Jordan. city changes the light bulbs and picks up the trash, but IAMI's exclusive Bay Point we still have to meet the lighting neighborhood saw a mild standards and pay city and county I W increase in sales during the taxes." second half of 1993, with I I of its 250 The community is run by the Bay F, N A 'g, homes sold, compared with seven dur- Point Property Owners Association, ing the same period in 1992. and any improvements must be ap- Bay Point is bordered by Biscayne proved by the association. The associ- ;;ZN : Bay to the east, Northeast 50th Terrace ation has 123 members and is governed k to the north, Biscayne Boulevard to the by a six -member board of directors west, and Northeast 39th Street to the that is elected every year, said Beverly south. French, of Prudential Florida Realty. Beverly French, of Prudential Florida Realty: 'There is no association al According to data provided by Pru- "There is no association approval to 10 I)uy'a home here, but a yearly fee is paid on your land.' dential Florida Realty, the average price of houses sold during the second buy a home here, but a yearly fee is Broward County: Optimism Elsewhere in South Florida half of 1993 was $369,090, orS123.10 paid on your land to the association," i the economy, particularly per square foot. The average house size French said. Palm Beach County: An improved northeastern United States, see was 2,998 square feet. The least ex- The neighborhood is an enclave of economic climate in 1993 led to a spill over into Lighthouse Poir pensive sale in 1993 was $260,000, for a luxury houses — it has no condomini- dramatic increase in home sales in the netian Isles neighborhood, two -bedroom house, and the most ex- ums — close to downtown Miami. small Central Palm Beach County town housing sales jumped 33 perct pensive was $1.6 million. "Bay Point is a very suburbanlike of Haverhill, which is west of Palm year. There were 76 sales in V By comparison, the houses sold dur- neighborhood with a 24-hour security Beach International Airport. Twenty- Isles last year, compared with ing the second half of 1992 tended to gate," said Evelyn Framer, president five houses sold in 1993, compared to in 1992. The average price of be bigger, 3,686 square feet on average. of Framer Realty in Miami Beach. just two during 1992. The average price sold dropped about 12 perct In 1992 the average price was $389,928, "Many of the residents are executive for Haverhill houses sold in 1993 de- 1 $268,639, from $307,698 in 199 or $105.79 per square foot, types who live here because of the lo- creased to $117,348, from the unusu- estate agents attributed the sim Bay Point is a private, gated com- cation," within a 15-minute drive of ally high average of $562,000 registered ous surge in sales and price de( munity where the residents own the Miami International Airport, Miami from January through December of an increase in sales of lower streets. "The residents also own the I Beach and downtown, she added. 1992. nonwaterfront properties. f MIF OF Je1,,1#VM"V.14""11"_1k1, 1.1 ­11 9 #_ I 1 -­1 11 : ­1 " 11 ­ T V t j—1Jf*�EC 19 T 5 3 S 4 2 .'.; JAN o f {Jt�ty !.';-i) {fig ( j�{} ,1 i EE —pp�► 'Ii? 4r t {�'���?'J},� ter yy f.'({ tt `, k"�(l , �F} i � ��" 1 �6T"' CUE�Jc r3����tttt��Q i-1� �+•5 � , �S �f Nil � F i r '�•�r�Q `�� I�,r � I ' �„ ,{I 1`• 'YYi 'r' � � 4�`�} �F� t.a z I{cr � r Ifi ,,i„ , +� �f'�� � I t'�3'.�"i'� „-� " � , i' r•'� , .KA t�>,j iy �r ,� "�, }�� it �.'� ,i .� * � � !. � -.: • ' t � �• 1 �,�' I <.. � t ,`� °' �,��}�! ' �. �`.�<;. -.c �'P' •�' �� (�"`^'#a, � �J. c . �.� . �iY 0� .11.3� , }�^k'}` 4g s•, , ,�, 4 =y"-x' t j n, },=,e*...* l n��r3�.,_ ,ry c,r ,r ;rf F a' �..:. �'. ,}P" ...aa .� ,.�.. ,- •1 (�` dY� � fr��hti1 �P t � _� �$. "`',�"�'2 i .�yf; �'� � f i"•�.:�' s' ts' ;.. .f.•,. ���r ,tea 1�ry' '-c 4�;1r-..-...�`�'.- ,y..g�, ti!i t T'j�, P rYt tX S• yt�+ �� (,� ZSb' "!'+',� ft t� � �{{ C��-4 r �+a�. t r + -z. i. • , .�ty �,s M ,M �} ���F`�(4`� Y'tm� �`q. �W F"�'-' 14 ! rift., t >k �-fit r a • • -'�k , l `,. � l '�R Z,'�lQ ��-+� , ! yp - '+'T� y.�,'t I� I �{ �. P � {[{.�yo- r t '�7 � �,7�j^ �+�..... � t htw, ,,,. �-"<r✓ �� f {� j � C�•X� ,��' . I A'5S'++��� 1� 5.6.., l / l"' �� R'q A E�-�'�'� r�� `., q*'x'�':lS�;y„`y. v' '`R` .+p�'�e-. * � .�i"FaA���� •� �1 �`!!F� Y P� i.. f5{L `+� V �-!r j.1 �F.n \ h��UIT�'�'�'r}?¢�+ � y,- �.,`°sM..�m._,,,<,,,��-Fa4,'��jP�`F��,.�1�-�-~`:.9'�•� K+ � ' �t dZO� �t�f�tn � •'i'Mr Yi.'t � � y4 �,' f ti- � r{1�T't w� l � �'R� 'S1fBF CQiP �tl - t;' ::.ORRI .`458:^!!_. ♦ ... .. ... _ as a ohotocon m I ri June 14, 1994 To: All Morningside Residents,* esidents Like several other neighbors "who have recently sent you a fact sheet on 5701 North Bayshore Drive, n we also feel obliged to write to the residents of Morningside because of a recent article in the ��� "Neighbors" section of the May 15th Miami Herald. The article was about the Nunnally house at North Bayshore and 57th Street and the owners' application for some privacy walling and fencing for the site. A member of the group that has vigorously opposed everything the owners propose was quoted in the Herald as stating that "419 of the 420 homes in Morningside" are opposed to what is planned. This st,,temcrnt is Outrageously false. What is true is that them has been a relentless campaign against these new neighbors who have done absolutely nothing but restore an architectural treasure to perfection and ask for a little privacy. (See the enclosed schematic of the proposed fencing.) As many of you know, the group we referred to above have waged a very ugly fight against these new owners in an effort to prevent them from fencing in any of their property on the water at the end of NE 57th street. This view is unsupported by the law and the historical evidence and even defies common sense. In support of their application for some privacy the owners submitted to the Historic and Environmental Preservation Board the official 1935 plat book of the City of Miami, the original permit for construction of the boathouse on the property, and old U.S. Government aerial photographs showing a boathouse and extensive privacy hedging. The Board agreed with the owners evidence and rejected the opposition's position on April 19, when they ruled 6 to 0 in favor of the owners' application. Even this, however, failed to deter this group and they have recently sought community support for their appeal of the Board's decision in the owners' favor. Moreover, realizing that their "historic preservation" argument is without merit, certain members of the group have even requested that the City Commission put on its agenda the confiscation of the property in condemnation proceedings. It is our opinion that the tactics and objectives of this group are an insult to everyone in the Morningside community and should be rejected. The sensitive restoration and preservation of the Nunnally house benefits the entire neighborhood, and with 57th Street ending in their back yard, we believe that the owners deserve and need privacy and security from trespassers just like everyone else. The property at the end of NE 57th street has belonged to every owner of the Nunnally house since 1925. The lot has been built on and hedged over the years, and the opposition group's argument about "historic vistas" may sound appealing, but has nothing to do with historic preservation. Fair and equal treatment of these new neighbors as well as historical evidence and the constitutional issues of private property rights dictate supporting what is a carefully designed proposal that we believe will enhance the neighborhood. 94- 540 94- 541 i Sincerely, , NAME ADDRESS I E A DRESS: It) AM E NJIME ADDRESS: NAME ADDRESS:LS� ADDRESS: NAME ADDRES SCL T 0 4 A 11 11 C A I J �4;V `a f nl ` tl �� I (Jr .� r l,l 7'T�y hh�' nnj I ` � JJ��^� 5/ C � 1 Cl I. L' 4A. I�ALMF11 '> A u[ F h J: n+ • j_,�j�j}may (_•.t ]>jj.1 (� ]J ].��']t': Ir .\"1• 111. J111\l (,i N E � : J{1•MI /'1.0 ;: U♦ i1J 1:1► �Il + i. t1 LL D 1"- 1'.i 1 L`j JJ. u1JJY��J a.a. J.lr■ I.Fa ,Y>.i [ 1.J 11L•'I.111 rlr.. 1. ...... a.l. rr 1.1 Jrr 11 0 R H I \ U S ] U Y. . FLORI 0 A -. - -- -'---' -- I i