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HomeMy WebLinkAboutSubmittal-Paul Savage-Grant the Appeal and Stop the Improper Boundary Change to the South River Drive Historic District PowerpointMiami River Inn South River Drive Historic District Appeal of HEPB Board Resolution Re: Property at 109 Southwest South River Drive Paul C. Savage, Esq. on behalf of Appellants* *With Lobbyist Registration on File with City Clerk SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. City of Miami South River Drive Historic District New Jersey Guest House SUEIMITTED INTO HE PUBLIC RECORD PZ.4 ON 07/09/2015. CITY CLERK. s •_••_•_•••__■_.$ ■ 5w1STST • 438 428 437 SW 2ND ST 104 • ■ Canoe Club (1926 Hurricane) 5WF47H AVE Miami River Inn /Rose Arms Apts. 0 25 50 100 Fee Legend ■ SOUTH RIVER DRIVE BOUNDAF CONTRIBUTING STRUCTURE From National Register Nomination Form 438 S.W. 1st Street 438 S.W. 1st Street (photo 3) is a rectangular two -and -a -half -story building with a prominent north porch. The building is covered by a medium pitch gable roof, ridge perpendicular to the street, recently re -roofed with galvanized aluminum. Two gabled dormers occupy the east slope of the roof, the southernmost forming a bay window projection. A one-story porch covered by a low shed roof and supported by square posts occupies the north elevation of the building. A similar porch is located at the rear (south) elevation of the building. All fenestration has been replaced with modern double hung sash, generally six over six. A tripartie window occupies the north gable end of the building. Front (north) access to the building is through French doors at the first floor and through a solid door at the second floor accessed by way of a plank -like bridge connecting the building to the S.W. 1st Street bridge. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. 438 SW 1st Street New Jersey Guest House II EN • u ■ ■ n ■ ■ ■■ ■ ■ ``` ■■ ■ ■ a ■ SUBMITTED INTO THE PU RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERIC. 428 SW 1st Street 428 S.W. 1st Street 428 S.W. 1st Street (photo 4j is a rectangular, two-and-a-halfstory building with a two-story north porch. Like 438 S.W. 1st Street, the building is covered by a medium pitch gable roof with a similar ridge orientation. The roof is covered by composition shingles and includes a single shed -roofed dormer at both its east and west slopes. Exposed rafter ends provide the building with its only decorative elements. A two-story porch covered by a low pitched hip roof and supported by square columns occupies the north elevation of the building. The first floor of the porch has been enclosed, although it appears that the enclosure may have been made as early as the late 1920's or the early 1930's. Fenestration is original double hung sash, one over one. A tripartie window similar to that of the 438 building appears in the north gable end of the building. Front access to the building is identical to 438 S.W. 1st Street. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. 428 SW 1st Street (Plank to SW 1st Street SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. 104 SW 1st Street 104 S.W. South River Drive (From National Register of Historic Places Nomination Text) 104 S.W. South River Drive (photos 5-7) is somewhat larger and more prominent than the 1st Street buildings. The building is rectangular in plan, two -and -a -half -stories high and features prominent north and east elevations. The building is covered by a medium pitch gable roof, ridge parallel to S.W. South River Drive. Two large, symmetrically placed gabled dormers punctuate the east slope of the roof. The roof also displays exposed rafter ends. A one-story, hip -roofed porch supported by square posts resting on a low masonry wall occupies the northeast corner of the building. The north end of the porch has been enclosed with stucco and wood louvered openings. Fenestration is one over one double hung sash or modern jalousie replacements. The main [east) entry to the building retains its original side light configuration, although the original door has been replaced by a modern wood and glass jalousie door. A secondary entrance is located on the second story east elevation which includes a bridge -like connector similar to the two other 1st Street buildings. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SUBMITTED INTO THE RECORD FOR ITEM PZ ON 07/09/2015. CITY CLERK. 104 SW South River Dive Toda SUBMITTED RECORD FO ON 07/09/2015. CITY CLERK. SW South River Drive, Southwest From Bridge SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. 109 SW South River Drive (Now Demolished) SUBMITTED INTO THE PUBLIC° RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. ON 07/09/2015. CITY CLERK. The 109 Parcel From Window of 104 SW South River Drive SUBMITTED I RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SUBMITTEITO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. 104 and 118 SW South River Drive From East Bank SUBMITTED INTO THE PU RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Approaching SW lst Street Bridge From East 40r- SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SUBMITTED INTO THE PUBLIC • RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Miami River Inn SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Riverside Neighborhood and The Miami River inn The Riverside neighborhood was originally platted in i896 by Mary Brtcheil and Henry Flagler. It consists of the land on the south side of the Miami River. north of what is now SW 3rd Street. and west to what is now SW Bth Avenue. The Tatum brothers Further developed the Riverside subdivision and to 1905 built a bridge over the Mlami River at Twelfth Street (now Flagler Street) to connect Riverside to the downtown business district. Starting in 1906, and intermittently through the 1920s, at trolley ran from Riverside over the bridge to downtown Miami. River from 118 SW South River Drive SUBMITTED INTO THE RECORD FOR ITEM P ON 07/09/2015. CITY C Miami: 1920s: West View Across the River, with Miami Canoe Club in Foregound, Surrounded by Existing Buildings 1 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. SW South River Drive Today, Looking South SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. _ I. , Uhiji • • 1 SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. 437 SW 2nd Street SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Presentation: This Proceeding is §23-4(c)(7), City of Miami Code: "The appeal shall a de novo hearing and the city commission may consider new evidence or materials in accordance with Section 2004 of the zoning ordinance." Sec. 2004. - City commission powers on review, hearing de novo. "The city commission shall conduct a hearing de novo as a body of original jurisdiction, upon any appeal and/or review from an appealable decision under the terms of this zoning ordinance, as amended. New evidence or materials may be received by the city commission where such evidence or materials are pertinent to a determination of the appeal. The city commission may hear the testimony of witnesses and/or any other evidence offered by any person aggrieved or by any officer, board or agency of the city affected thereby or by any interested party having an interest in the appeal under Florida law and may, in conformity with this ordinance and other applicable laws, rules and regulations, render its decision. The city commission on review shall have full power to affirm, reverse, modify, in whole or in part, with or without conditions, the action of the zoning board or other appealable decision pursuant to this zoning ordinance." SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 1: This is a §23-4(c)(2)(b), City of Miami Code: "Historic District Boundaries shall in general be drawn to include all contributing structures reasonably contiguous within an area and may include properties which individually do not contribute to the historic character of the district, but which require regulation in order to control potentially adverse influences on the character and integrity of the district." "The major significance of the South River Drive Historic District lies in its association with the broad developmental history of the City of Miami rather than in the individual historic significance of its component buildings." §8 Statement of Significance, National Register of Historic Places Nomination Form (1987)). SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 1: This is a The Application was incorrectly treated and characterized as a "parcel" and noticed within 500 feet of the "parcel," and at all times discussed removal of a "parcel." The true action undertaken in fact and law is a change or re -designation of the Boundaries of the South River Drive Historic District, which District was imposed by Ordinance of the City Commission. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 1: This is a ♦ The South River Drive Historic District Overlay Was Imposed by City Commission Ordinance in January, 1987. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. ?-86M971 11/10/86. ORDINANCE NO.A. Ki 8 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE TONING ORDINANCE OF THE CITY OE MIAMt. FLORIDA, B. APPLYING THE HC.-S: COMMERCIAL -RESIDENTIAL HERITAGE CONSERVATION OVERLAY DISTRICT TO THE AREA GENERALLY ROUNDED BY SOUTHWEST 1ST STREET, SOUTHWEST SOUTH RIVER DRIVE, SOUTHWEST 2ND STREET AND SOUTHWEST STH AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN); .MAKING FINDINGS; ADOPTING AND INCORPORATING BY REFERENCE THE "OIISIGNATION REPORT ; AND BY MAKING ALL NECESSARY CHANGES ON PAGE NO. 36 OF THE ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, th'e Miami He-ritage Conservatinn..Board, at its an. igAF. Trpm No. 2, Following. an Legal Infirmity No. 1: This is a A resolution cannot be substituted for and have the force and effect of an ordinance, nor can a resolution supply initial authority that is required to be vested by ordinance. A local ordinance cannot be amended or repealed by a mere resolution. To accomplish that result, a new ordinance must be passed. 7800 Building v. City of South Miami, 305 So. 2d 860, 861 (Fla. 3d DCA 1975). SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 2: "Stair Step" Procedure Not Followed ♦ §23-4(c), City of Miami Code Governs Procedure for Designation: "Stair Steps": ♦ §23-4(1)(c)(1)(a): Proposal for Designation: (a) Notice to Owners and Hearing when HEPB Board is to consider Preliminary Evaluation. §23-4(2): Preparation of Designation Report §23-4(3): Then final Hearing Before HEPB Board. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 2: "Stair Step" Procedure Not Followed ♦ §23-4(c)(8): "Stair Step" Applies to Rescind Designation: ♦ "The board may amend any designation by following the same procedures as are set forth in this section. The board may likewise rescind any designation if the structure or feature of principal historic significance has been demolished or destroyed." SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 3: Failure to Notice the May 5 HEPB Board Hearing §23-4(c)(3): "All" public hearings "shall" be noticed: "All public hearings on designations conducted by the Board ... shall be noticed as follows" requiring mail -out; posting and advertising. Here, only March 3 was noticed. No notice was sent for May 5. The failure to follow Code -mandated notices procedures constitutes a departure from the essential requirements of the law. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 4: Missing Material Facts ♦ The Applicant did not notify the City about the recorded Preservation Easement encumbering the subject Property. After the March 3 continuance, City Staff became aware of the Easement and the Applicant confirmed its existence. At the May 5 HEPB Board hearing, the Applicant did not mention the Preservation and Conservation Easement. c In response to a question from the Board, the Applicant through counsel stated that there was "no covenant" recorded on the subject Property. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 4: Missing Material Facts (Easement) Do the -- maybe I can be enlightened here. When it was purchased, did the owner know at that time that there was - was there a covenant then with the sale? I don't understand. MS. SCHMITT: The property owner is here. Maybe we could ask him or his representative. MR. GIBBS: No, there was no covenant on the sale of the property. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 4: Missing Material Facts (Easement) 711 WHEREAS, the Properly includes all of the land and improvements within the City of Miami 's South River Drive Historic District, both contributing and non- contributing structures, designated by the Miami City Commission an January 22, 1987 (Ordinance No.10213), and also listed in the National Roister of Historic Places (hereinafter "National Register") on August 10, 1987; and WHEREAS, the contributing structures on the Property are frame vernacular buildings built between 1908-1914' that arc excellent examples oldie early building traditions of the first two decades following the eity's incorporation in 1896, and the non- contributing structures, as determined in the city's original historic district designation of January 22, 1987 and the National Register listing ofAugust 10, 1987, reflect later significant architectural styles such as art deco and post -World War 2 modem, all illustrating aesthetics of design and possessing integrity of materials and workmanship; and SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 4: Missing Material Facts (Easement) 4. CONDITIONAL RIGHTS REQUIRING APPROVAL BY GRANTEE: Without the prior express written approval of the grantee, which approval may be withheld or conditioned in the sole discretion of the Grantee, Grantor shall not undertake any of the following actions: a. Increase or decrease the height of, make additions to, change the exterior construction materials or colors af, or move, improve, alter, reconstruct, or change the facades (including fenestration) and roofs oldie Buildings; b, Change the floor plans of the buildings; c. Make permanent substantial topographical changes, such as, by example, excavation for the construction of roads; d. Cut down or remove Iivc trees located within the existing lawn and landscape areas; and, Change the zonal use of the Property to another usc, unless such proposed change in zoned usc of the Property is agreed to by both Grantor and Grantee and does not impair the significant conservation and preservation values of the Property and does not conflict laji the u . Retkftht~ Easement SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Legal Infirmity No. 4: Missing Material Facts (Easement Litigation) Before the month was out after the May 5, 2015 HEPB Board Hearing, the Applicant filed a lawsuit in Miami -Dade County Circuit Court Against the Florida Trust for Historic Preservation, seeking to lift the Preservation and Conservation Easement from the 109 Parcel. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. 1 iiInv n 27879536 E-Filed 05/29/2015 04:12: ID PM IN "ME CIRCUIT COURT OF DIE l l JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY FLORIDA CIVIL DIVISION CASE NO, MANNY SEAFOOD CORPORATION. o Florida corporation I'Iainlill`. TFIF FLORIDA TRUST FOR IIlSTORIC pRE'SI:RVAf IoN. INC.. n fiimida non profit corporation. IN fondant. COMPLAINT Plaintiff. MANNY SI AFOO13 CORPORA l'It1N, a Honda corporation r (} 11e °) by uti through its u,tdersiga cd cnunscl s►e. 13tf't'nJant, 111E 11.t3RMA lRUS1 FOR UISTORic SUBMITTED RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. FDOT Bridge Project ir TTTTTT 1 a t. —A— Legal Infirmity No. 4: Missing Material Facts (FDOT Project) ♦ The FDOT is replacing the 1st Street Bridge No facts about the FDOT project were presented to the HEPB Board. ♦ The FDOT may or may not acquire the subject Property or part of it. ♦ No responsible determination by the City of Miami can be reached without information and input from: the Miami River Inn; the FDOT; and the Florida Trust for Historical Preservation, the Party in Interest to the Preservation Easement. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK. Conclusion Grant the Appeal and Stop the Improper Boundary Change to the South River Drive Historic District 15-00221ha-Submittal-Paul Savage -Grant the Appeal and Stop the Improper Boundary Change to the South River Drive Historic District Powerpoint SUBMITTED INTO THE PUBLIC RECORD FOR ITEM PZ.4 ON 07/09/2015. CITY CLERK.