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Home My WebLink AboutHEPB Appeal Letter & SupplementHolland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 : I .T 305.374.8500 I F 305.789.7799 Holland & Knight LLP I www.hklaw.com Alan S. Krischer 305.789.7758 alan.krischer@hklaw.com October 21, 2009 VIA HAND DELIVERY Ms. Teresita Fernandez Hearing Board Division City of Miami, Florida 444 S.W. 2d Avenue 7th Floor Miami, Florida 33130 Re: Request for Review - Miami Historic and Environmental Preservation Board LHD-2009-03 - Designation of Property Located at 83-93 S.W. 8th Street, October 6, 2009 Dear Ms. Fernandez: The undersigned represents 83-93 S.W. 8th Street, LLC, (the "Owner") the owner of that certain property located at 83-93 S.W. 8th Street, Miami, Florida (the "Property"). On October 6, 2009, the City of Miami Historic and Environmental Preservation Board (the "Board") considered the designation of the Property as historic under Chapter 23 of the City of Miami Code under application number LHD-2009-03. At the conclusion of its deliberations, the Board voted to designate the Property as historic pursuant to the Code. By this letter, the Owner hereby appeals the decision of the Board pursuant to Section 23-4(c)(7) of the City of Miami Code. A $500 filing fee and a $94.50 notice fee are enclosed; please notify us of any additional fees that may be required in connection with this appeal. The Property consists of approximately one-third of an acre, located at the northeast corner of the intersection of S.W. 8th Street and S.W. 1st Avenue. The Property is improved with three commercial buildings with addresses of 83, 87 and 93 S.W. 8k Street. Those buildings were constructed at some time during the 1920's, but have been subject to numerous alterations and modifications during the intervening years. For your convenience, accompanying this letter are copies of the materials submitted by the Owner during the course of the Board's hearing, as well as a copy of the Designation Report prepared by the City. Those materials contain additional information regarding the past development of the Property and the modifications thereto. City of Miami Hearing Boards, c/o Ms. Teresita Fernandez October 21, 2009 Page 2 Pursuant to Chapter 23 of the City of Miami Code, properties are only eligible for historic designation if they "have significance in the historical, cultural, archaeological, paleontological, aesthetic, or architectural heritage of the city, state, or nation; possess integrity of design, setting, materials, workmanship, feeling, and association; and meet one or more" of the criteria set forth in Section 23-4(a) of the Code (emphasis added). As noted by professional staff in the Historic Designation Report, and supported by the Owner's witnesses, the Property was not associated in a significant way with any past persons or events of importance to the City, and neither the architect nor designer nor builder of the structures is known. Thus, only two of those criteria were potentially germane to an analysis of this Property: (4) Portray the environment in an era of history characterized by one or more distinctive architectural styles; (5) Embody those distinguishing characteristics of an architectural style, or period, or method of construction. At the hearing, the Owner presented the prepared report and testimony of Dr, Paul George, a noted local historian. The Owner additionally presented the testimony of Mr. Allan Shulman, a prominent local architect with expertise in historic preservation and restoration. A copy of Dr. George's report is contained in the enclosed materials. Both Dr. George and Mr. Shulman testified at length as to the applicability of the code criteria excerpted above, and both testified that the Property did not meet either of those criteria. Both also testified as to the significant alterations, described at length as well in the City's Historic Designation Report, that have taken place on the Property over the years. Based on the testimony adduced at the hearing, the Board's decision to designate the Property failed to meet the requirements for historic designation. As noted above, the City's Historic Designation report recognized the significant material changes that have been made to the Property over the years, to the poitit where professional staff noted that one of the buildings "appears to have lost most of its integrity." The additional testimony of Dr. George and Mr. Shulman, along with graphic depictions of the numerous alterations provided by counsel below, further documented the significant alterations to all of the facades of the buildings. Accordingly, as a threshold matter, the buildings on the Property lacked the "integrity of design, setting, materials, workmanship, feeling, and association" necessary for designation under the Code. Additionally, an examination of the history of the surrounding areas and the particular circumstances of the buildings demonstrates that the Property fails to meet either of the two criteria referenced in the Historic Designation Report and in discussion among the Board members. Dr. George's written report notes that the numerous and material alterations to the buildings have caused them to lose the elements that would "portray the environment .characterized by one or more distinctive architectural styles" such that they no longer "embody the distinguishing characteristics" of any style or construction. Both Dr. George and Mr. Shulman testified at length to those points, in particular elaborating the specific development City of Miami Hearing Boards, c/o Ms. Teresita Fernandez October 21, 2009 Page 3 patterns that predominated the "South Side" neighborhood at the approximate time of the construction of the buildings and thereafter. They provided considerable detail about the predominantly residential character of that neighborhood, the fact that the commercial areas at the time were oriented primarily towards Miami Avenue, and that the subsequent changes in the surrounding area had left these remnant structures utterly devoid of context. They no longer portray the environment that existed at the time of their original development, nor embody the characteristics of an architectural style. Notwithstanding the failure of the Property to meet the requisite standards and criteria under Section 23-4 of the Code, the Board voted to designate the Property as historic. The Owner believes that the Board's decision was in error, and is hereby appealing that decision and requesting review by the City of Miami City Commission. Sincerely yours, HOLLANWER; By: `�--- Alan S. Krisch f-- IG -IT LLP cc: Ms. Ellen Uguccioni, Historic Preservation Officer Mr. Francisco Aguero Gerardo Vazquez, Esq. Juan J. Mayol, Esq. # 8912786_v1 Holland & Knight 701 Brickell Avenue, Suite 3000 I Miami, FL 33131 I T 305.374.8500 I F 305.789.7799 Holland & Knight LLP I www.hklaw.com Alan S. Krischer 305.789.7758 alan.krischer@hklaw.com February 1, 2010 VIA HAND DELIVERY AND ELECTRONIC MAIL Mr. Anel Rodriguez Office of Hearing Boards Department of Planning and Zoning City of Miami 444 S.W. 2nd Avenue, 7th Floor Miami, Florida 33130 Re: 83-93 S.W. 8th Street, LLC — 09-01200ha - Appeal of HEPB Decision - Withdrawal as Counsel Dear Mr. Rodriguez: Please be advised that the undersigned no longer represents the Appellant, 83-93 S.W. 8`1' Street, LLC, in the above -described matter. All further notices and correspondence regarding this matter that would otherwise have been sent to me should instead be sent directly to the Appellant and counsel as follows: Francisco Aguero, Esq. 2655 Le Jeune Road Penthouse I-D Coral Gables , FL 33134 Gerardo A. Vazquez, Esq. Vazquez & Associates 1401 Brickell Ave., Suite 500 Miami, FL 33131 No further notices or correspondence regarding this matter should be sent to my attention. Thank you for your attention to this matter. Please feel free to call me at (305) 789-7758 if you require any additional information. Sincerely yours, HOLLAND & KNIGHT LLP By: Alai rgT Krischer Mr. Anel Rodriguez February 1, 2010 Page 2 cc: Francisco Aguero, Esq. (via certified mail and e-mail) Gerardo A. Vazquez, Esq. (via certified mail and email) Juan J. Mayol, Jr., Esq. (via email) # 9138216_v1