HomeMy WebLinkAboutAppeal LetterT'EW < CARDENAS LLP
A T T O R E Y S A T L A W
Bob de la Fuente
Direct Line: (305) 536-8460
November 16, 2009
VIA HAND DELIVERY
Teresita Fernandez
Chief, Hearing Boards Section
444 SW 2nd Avenue
7111 Floor
Miami, Florida 33130
FOUR SEASONS TOWER
15TH FLOOR
1441 BRICKELL AVENUE
MIAMI, FLORIDA 33131-3407
T 305.536.1112
F 305.536.1116
W W W.TEWLAW. COM
Re: Notice ofAppeal: Historic & Environmental Preservation Board ("HEP Board')
Decision Regarding File No. HP-2009-147(the "Application')
Dear Ms. Fernandez:
This law firm represents Patra Liu, the applicant in the above -referenced matter.
Pursuant to Chapter 23, Sec. 23-8(e), we file this Notice of Appeal and ask that the City
Commission reverse the HEP Board's decision and approve the Application.
While we will provide supplemental materials and additional grounds upon which the
City Commission should reverse the HEP Board's decision, we provide the following summary
of several reasons that the City Commission should grant this appeal:
1. The Application received a favorable recommendation from the City's
professional staff, with a specific finding that the proposal meets the intent of the
Secretary of the Interior's Standard No. 9. The Preservation Officer also finds
that the proposal is consistent with the historic and architectural character of the
district in terms of size, scale, design and materials. A copy of the
recommendation is attached hereto as Exhibit A. This evaluation provides
competent substantial evidence that the Application should be approved;
2. The Application has the support of the Spring Garden Civic Association;
3. Ms. Liu has agreed to establish an escrow account with sufficient funds to
complete the shell of the proposed addition, in order to protect the neighborhood
from the possibility of an abandoned construction site. This is a generous and
extraordinary concession on the part of Ms. Liu and demonstrates her desire to
address her neighbors' concerns.
Teresita Fernandez
Chief, Hearing Boards Section
November 16, 2009
Page 2
4. This project was designed by Illia Mosscrop, a recognized expert in designs
appropriate for historic districts. Moreover, the final design was the result of
extensive collaboration between Mr. Mosscrop and the City's professional staff.
5. The Application was denied by a 4-3 vote.
Based on the foregoing, we ask that the City Commission reverse the HEP Board's
decision and approve the Application. We look forward to appearing before the City
Commission with a more extensive presentation.
Bob de la Fu
For the Firm
Encl.
cc: Ellen Uguccioni (w/encl., via electronic mail)
Anel Rodriguez, Administrative Asst. II, City of Miami (via hand delivery)
Patra Liu (w/encl., via electronic mail)
Illia Mosscrop (w/encl., via electronic mail)
TEw CARDENAS LLP
Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 •305-536-1112
10/2'8/2009 17:38 3055349927 MOSSCROP ASSOCIATE PAGE 02104
ITEM 5
HISTORIC ANIS ENVIRONMENTAL PRESERVATION BOARD
STAFF REPORT
NAME~ Spring Garden Historic District
ADDRESS 811 NW 71" Street Road
HP -2009-118
PROJECT DESCRIPTION Application for a Certificate of Appropriateness for partial
demolition and new construction, to include the installation of a
perimeter fence and the enclosure of the garage.
ANALYSIS
OF CONDITIONS The building is a one-story contributing property built in 1940
within the Spring Garden Historic District, facing southwest with
the rear lot directly on the Seybold Canal. The structure is of
masonry block construction with wooden floor joists above a
crawl space and wooden roof rafters.
err R�ai� r�(Z C vt� aT �r 'Si G hdMC: I �G " AE; LO J
The existing home is 2g' below the flood elevation, and subject
to constant flooding. As a result, the wood joists have rotted and
compromised the structural integrity of the home.' The architect
asserts that the rotting has also compromised the walls and roof
of the home. Tie beams of the roof have cracked due to uneven
settling caused by foundation failure. Major spelling of the
concrete and exposure of the reinforcing bars (roof level tie
beams) may also be a product of differential settling.
BACKGROUND The owner of this property presented an application for
demolition of the existing residence and new construction before
the HEP Board at the public hearing of May 5, 2009. By a vote
of 7 to 1, the HEP Board Issued Resolution HEPB-2009-28
denying the Certificate of Appropriateness for demolition.
The intent of this programme is to retain a sufficient portion of
the original residence so that the disruption to the streetscape is
minimized. The front portion of the house (slightly past the roof
ridge line of the original gabled roof) will be restored, and a two
story addition built behind it. Many of the design elements
present in the first proposal for new construction are integrated
into this proposal; but extra attention has been paid to the
integration of the new construction with the existing structure that
will be preserved.
PARTIAL DEMOLITION
OF EXISTING HOME Plans have been submitted for partial demolition of the existing
home. The portion of the home that would be demolished is
behind the 'existing roof ridge line.
The retention of the front portion of the original home will include:
1) New impact -resistant windows will be installed to match the
mullion and light configuration of the originals (from tax photo).
2) The existing roof will be re -roofed using flat clay tile (white).
November 3, 2009
10/28/2009 17:38 3055349927 MOSSCROP ASSOCIATE PAGE 03104
ITEM 5
3) The slump brick detailing on the fagade will be retained as
well as the two slump brick veneered columns at the entrance.
4) The original carport will be enclosed. A garage door will be
installed in the arch facing the street The side arches will be
closed in and "remembered" by a surface treatment that is
created by a slight recession of the stucco to outline the shape of
the arches.
5) The exterior treatment will be a smooth stucco to match the
original finish. The paint color of the wall mass will be light beige
within the first three intensities of a paint strip and can be
approved administratively.
NOTF: BECAUSE THE EXISTING HOME IS BELOW THE
REQUIRED FLOOD ELEVATION, THE CITYS BUIDLING
OFFICIAL HAS RULED THAT THE RESTORED PORTION OF
THE EXISTING HOME CANNOT BE USED FOR ANY KIND OF
HABITABLE SPACE AND WILL ESSENTIALLY BECOME A
HUGE FOYER
PROPOSED NEW
CONSTRUCTION The plans depict the architect's and homeowner's efforts to
integrate an addition to the existing home so that it conveys the
look and feel of the neighborhood; while allowing the owner more
living space. The plans depict a home which is comparable in
height and scale; directional emphasis; setbacks (front and side);
and shape to its neighboring homes (please refer to the
contextual photographic analysis provided by the applicant).
The new two-story construction is significantly recessed from the
front fagade and begins approximately 14' to 22' behind the
existing roof ridge. This separation creates a clear differentiation
between old and new.
The proposed design of the addition uses the basic construction
materials and texture of the existing home, but introduces some
modern elements clearly distinguishing the old from the new.
The following points summarize the careful consideration the
architect and owner have made in relating the new construction
to the neighborhood, as well as describing some of the major
design elements of the new construction:
1) The hipped roof with large overhanging eaves is a character
defining trait of many homes in the district, including the
neighboring home.
2) The proposed roof material (flat clay tile) matches the original
roofing material found on the home. The applicant is proposing
white clay tile for the addition as well.
3) The railing on the second -story balcony facing the street will
be a simple vertical rail design in keeping with the vocabulary of
the original home.
November 3, 2009 2
10/28/2009 17:38 3055349927 MOSSCROP ASSOCIATE PAGE 04/04
ITEM 5
4) On the second floor of the main elevation, the fenestration is
aligned with the first floor, and will be a casement window type.
4) A masonry and picket wall will replace the existing chain link
fence, The wall is designed as a 2'6" masonry base capped by a
2'6" metal picket, bringing the height to a total of five ( 5) feet
which is consistent with the Spring Garden Historic District
Design Guidelines.
5) The applicant proposes to pave the driveway/ walkway area
with permeable square pavers in a light color.
This approach the architect has taken in this project represents a
successful compromise between the total demolition of the home
and an attempt to correct the structural and building code
deficiencies. The proposal meets the intent of the Secretary of
the Interior's Standard #9, which states:
New additions, exterior alterations, or related new
construction shall not destroy historic materials that
characterize the property, rhe new work shall be
differentiated from the old and shall be compatible with
the massing, scale, and architectural
iteccturel featuresrty urand is
to
protect the integrity
environment.
RECOMMENDATiON The Preservation officer recommends that the application for a
Certificate of Appropriateness be approved, subject to the
following conditions, because the proposed work is consistent
with the historic and architectural character of the district in terms
of size, scale, design and materials and complies with the
Secretary of the Interior's "Standards for Rehabilitation":
1, All glass shall be clear
2. The side of the building facing the one-story home
shall be articulated in a way that will break up the
substantial wall mass on the neighboring side.
Several possibilities include the use of score lines in
the stucco to differentiate the first and second
stories; the use of a slump brick to articulate the
base of the addition, and the installation of generous
and hardy landscape.
November 3, 2009
T'EW - CARDENAS LLP
A T T O R N E Y S A T L A W
Bub de la Fuente
Direct Line: (.305) 536-3460
November 16, 2009
VIA HAND DELIVERY
Teresita Fernandez
Chief, Hearing Boards Section
444 SW 2 n Avenue
71h Floor
Miami, Florida 33130
FOUR SEASONS TOWER
15TH FLOOR
1441 BRICKELLAVENUE
MIAMI, FLORIDA 33131-3407
T 305.536.1112
F 305.536.1116
WWW.TEWLAW.COM
Re: Withdrawal of Notice of Appeal: Historic & Environmental Preservation Board
("HEP Board') Decision Regarding File No. HP -2009-26 (the "Application'),
Appeal File ID 09-00565HA (the "Appeal')
Dear Ms. Fernandez:
This law firm represents Patra Liu, the applicant in the above -referenced Application. In
May, 2009, Ms. Liu filed the Appeal of the HEP Board's decision regarding the Application.
Since that time, the Appeal has been in a suspended state and no action was taken to advance the
matter. On behalf of Ms. Liu, we hereby withdraw the appeal.
Based on the foregoing, we ask that the $500 fee be applied towards Ms. Liu's appeal of
the HEP Board's decision regarding File No. HP -2009-147, being filed concurrently with this
request.
Please contact me with any questions you may have.
Sincerely,
Bob de la
For the Fi
cc: Ellen Uguccioni (via electronic mail)
Anel Rodriguez, Administrative Ass't. II, City of Miami (via hand delivery)
Patra Liu (via electronic mail)
Illia Mosscrop (via electronic mail)