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HomeMy WebLinkAboutAppeal UpdateBACKGROUND East Coast Fisheries Appeal Update East Coast Fisheries was designated a historic resource by the HEPB (Historic and Environmental Preservation Board) in September 2003. In designating the property, the Board found that the property had significance in the historic and architectural heritage of the city and possessed integrity of design, setting, materials, workmanship, and association. The entire site included one contributing and two non-contributing buildings. An amendment to the designation states that "...modifications or demolition of the non- contributing structures shall not require approval by the Board; any non -substantial modifications to the new structure approved by the Class II permit shall not require approval by the Board." An application for the demolition of the structure was submitted in October 2003. At the owner's request, the item was withdrawn without prejudice with the possibility of resubmission of an identical application at a later date. In addition, the owner asked for an indefinite deferral. The item was continued by the HEPB. An application for demolition, partial reconstruction, and additional new construction was presented to the HEPB in November 2006. The proposal included the demolition of all the structures on the parcel, the reconstruction of the north and east facades of the contributing building, and the construction of a seven story restaurant/retail structure that would incorporate the reconstructed north and east walls only. Because of the property's location between the Miami River and North River Drive, the proposal required a waiver of the required setbacks for new construction on the property. The proposal also required a variance from the Zoning Board of the waterfront setback and any setback from North River Drive. A modification of the city's waterfront charter provision by the City Commission was also required. HEP BOARD RULING This proposal was continued because the Board wanted certain revisions to be made. The requested suggestions included a total reconstruction of the building instead of a partial reconstruction; re -using at least three of the facades and incorporating salvaged material from the original building on any new construction; providing a greater separation between the new seven story building and the historic building with the inclusion of a walkway between; and the restoration of the existing building. The applicant never returned to the HEPB. The Department of Code Enforcement contacted the Preservation Officer in July 2007 requesting approval to demolish the two non-contributing properties on the parcel. The approval was granted by the Preservation Officer. The Director's of the Code Enforcement Department and the Building Department submitted a request for demolition of the historic building at the July 2008 HEPB public hearing, because it was deemed a dangerous/ unsafe building. The Preservation Officer, after citing a provision in Chapter 23 of the City Code, which prevents the HEPB from denying a demolition when a life safety issue was involved, reluctantly recommended that the building be demolished, and suggested that any new development might include the reconstruction of the building. The HEPB discussed the facts of the matter, noting that the building was allowed to fall into this degree of disrepair, (demolition by neglect); that the building had remained standing through several years of storms since its designation in 2003; that the building could survive if it were properly secured; that the owner must pay for the maintenance and security of the property; and that the primary liability for any damage suffered on the site lies with the owner. The HEP Board unanimously denied the city's appeal, after reinforcing its previous positions on the value and significance of the building stating that the owner must be held accountable for the building's condition.