HomeMy WebLinkAboutHEPB Appeal Letter (2)Lucia A. Dougherty
Tel. (305) 579-0603
Fax (305) 961-5603
doughertyf@gtlaw.com
June 20, 2006
Hand Delivery
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
444 S,W. 2nd Avenue
Miami, FL 33130
Re: Mimo @ Biscayne Boulevard Historic District / Appeal of Historic
and Environmental Preservation Board Decision
Dear Teresita:
On behalf of my client, Laxmi Investments, LLC, the owner of the single family home
located at 5850 Biscayne Boulevard, (the "Property"), this letter constitutes an appeal of the
decision of the Historic and Environmental Preservation Board, (the "HEP Board"), at its
hearing held on June 6, 2006, with regards to the approval of the MiMo — Biscayne
Boulevard Historic District (the "Mimo District").
At its June 6, 2006, meeting , the Historic and Environmental Preservation Board
determined that the Property merited designation as a "contributing structure" in the new
Mimo District. While we support the creation of the MiMo District, we do not think that the
Property is deserving of a "contributing structure" designation. We respectfully submit that
the evidence presented at the aforementioned hearing, as well as a previous HEP Board
hearing, established that the Property should not be designated as a contributing structure
because it does not comply with any of the applicable criteria of Section 23-4(a) of the
Miami Code of Ordinances. In short, the Property:
(1)
is not associated in a significant way with the life of a person important in the
past;
(2) is not the site of a historic event with significant effect upon the community,
city, state, or nation;
(3)
does not exemplify the historic, cultural, political, economical, or social trends
of the community;
(4) does not portray the environment in an era of history characterized by one or
more distinctive architectural styles;
(5) does not embody distinguishing characteristics of an architectural style, or
period, or method of construction;
(6) is not an outstanding work of a prominent designer or builder;
(7) does not contain elements of design, detail, materials, or craftsmanship of
outstanding quality or which represent a significant innovation or adaptation to
the South Florida environment; nor
has not yielded, nor is it likely to yield, information important in prehistory or
history.
Furthermore, the overriding intent of the MiMo District is to preserve the unique
architectural style known as "Miami Modern" or "MiMo". As you can see from the attached
pictures, the Property does not embody any MiMo characteristics. The inclusion of non-Mimo
designed structures in the supposed MiMo District threatens the integrity of the MiMo District by
subjecting it to accusations of being a surreptitious downzoning. Lastly, the financial hardship
created by this designation of the Property is immense. It basically condemns the Property to
be used as a small office building. Current office rental rates in this area of Biscayne Boulevard
would not permit the present owner to even continuing paying the mortgage and maintenance
costs for the Property.
Accordingly, we respectfully appeal the decision of the HEP Board and request that the
City Commission modify the HEP Board's approval of the MiMo District so that the Property be
designated as a "non-contributing" structure. Please schedule this appeal for the next available
agenda of the Miami City Commission. Many thanks for your attention to this matter.
Sincerely,
(8)
Lucia A. Dougherty
cc: Ms. Kathleen Siesnick Kauffman
Ms. Lina Eusse