Loading...
HomeMy WebLinkAboutAppeal LetterB E RCOW RADELL F ER NAN DEZ ZONING, NJ ID U IE AN© ENVIRONMENTAL LAW Direct: 305-377-6235 E-Mail: EBFernandezABRZoningLaw.cam VIA HAND DELIVERY May 18, 2016 Ms. Olga Zamora Planning and Zoning Department Hearing Boards Section Miami Riverside Center (MRC) 444 SW 211d Avenue, 3rd Floor Miami, Florida 33130 Re: 184 NE 45t11 Street Appeal of HEPB Resolution No. HEPB-R-16-027 This firm represents Brian T. James and Nathalie Cadet James (Appellants) in relation to the referenced property (the "Property") located in the Buena Vista East Historic District (the "District") identified by Miami Dade County folio number 01-3124-024-0240. This letter shall serve as the Appellant's appeal to the Miami City Commission of Resolution HEPB-R-16-027 (the "Resolution") adopted by the Historic Preservation Board (the "Board") on May 3, 2016. This appeal is brought pursuant to Section 23-4(C)(7) of the City of Miami Code to appeal the Resolution that arbitrarily, and without regard to the Secretary of Interior's Standards for Historic Designation for the Appellants investment backed expectations, changed the Property's status from non-contributing to contributing on the Buena Vista East Historic District Map. Section 23-6.2 (e) provides that any aggrieved party may appeal to the City Commission a decision of the board on matters relating to designations and by filing an appeal within fifteen (15) calendar days after the date of the decision. Accordingly, this appeal is timely and enclosed are three (3) copies of the appeal and the requisite appeal form. Also enclosed is a check in the amount of $525.00. Subparagraph (e) also provides that the appeal to the City Commission shall be de novo and that the City Commission may consider new evidence or materials. Accordingly, we hereby submit the following information: SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131 PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM Ms. Olga Zamora May 18, 2016 Page 2 Property. The Property is located 50 feet from NE 2nd Avenue. It is the second lot from NE 2nd Avenue along 45th Street, on the west side of the NE 2nd Avenue corridor. Since the Buena Vista Historic District was created in 1987, the structures on the Property have been a part of the NE 2nd Avenue limited commercial zoning area. All of this time the Property has been identified as non- contributing (see Exhibit A, Zoning Ordinance 11000 Map), The Property is clearly not worthy of contributing status based on the non - distinct character of the design and materials used in the construction. Dean Lewis' testimony will demonstrate that the property does not meet the secretary of the Interior's standards for contributing status and that the change approved by the HEPB failed to take several critical factors into consideration. For this reason the Property has remained classified as non-contributing for almost thirty (30) years since the District was established. There are two (2) small multi -family apartment structures with a total of four (4) separate living units comprising a total of approximately 2,095 square feet on an approximately 5,460 square foot area. The structures on the property were built in 1947 and are now almost seventy (70) years old. Although they are more than fifty (50) years old, this fact alone does not support the contributing status under the Secretary of the Interiors Standards as our expert architect consultant, Dean Lewis described at the HEPB hearing. The buildings on the Property do not represent a distinct recognized style within the District. Rather, they comprise an amalgamation of influences, the sum of which does not contain the requisite architectural integrity to merit contributing status. The Appellants purchased the properties based on their value as commercial properties under the zoning laws in effect for over 30 years. Their investment backed expectations were based on reasonable reliance on the established depth of the commercial zoning district along NE 2nd Avenue. In fact, both properties are identified and were conveyed to the Appellants through the same deed (see Exhibit B). It is also significant to note that, within the District the only buildings designated as contributing are buildings that were built as a commercial property or buildings that are large enough to accommodate a commercial of mixed use; thus being suitable to the present land use and zoning designations. The subject BERCOW RADELL & FERNAN DEZ ONING. LANI[7 USE ANJ ENviRONMENTAL LAW Ms. Olga Zamora May 18, 2016 Page 3 Property is not readily suitable to adaptive reuse. In fact, we are not aware of any residential property that is designated as contributing on the Buena Vista East Historic District Map (see Exhibit C) within the established commercial zoning area. Economic Hardship. The Resolution also presents an unreasonable economic hardship for the Appellant's given the fact that they purchased both the Property and the abutting lot to the east in reliance on the City's non-contributing classification and they continued to rely on the Board's decisions with respect to similarly situated property located immediately across NE 45th Street. The Appellants also own the abutting property to the east, at the corner of NE 2nd Avenue and together the Appellant's lots comprise the only two (2) lots designated to allow commercial and mixed use on the south side of 45th street, as part of the NE 2nd Avenue commercial corridor. Accordingly, the Board's action in adopting the Resolution was clearly contrary to the Appellant's investment expectations which were reasonable given the Appellant's reliance on the City's inaction with respect to the Property since 1997, when the Property became fifty (50) years old and eligible to be considered contributing. In addition, as recently as last year the Board approved a Certificate of Appropriateness that authorized the demolition of a similarly situated property, located immediately across the street from the Property and also within the NE 2nd Avenue commercial corridor, by adopted Resolution HEPB-R-14-022 (see Exhibit D). Chapter 23 defines "Unreasonable or undue economic hardship" as: An onerous and excessive financial burden that destroys reasonable and beneficial use of property and that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income -producing properties. The Property is not developed with a single family home, the property is intended to be an income producing property and was purchased as such based on the existing zoning. Therefore, the change to contributing status will affect the property to a greater extent than other properties within the District. The decision of the board is also contrary to section 23-6.2 (4) (b) in that the decision of the board would result in an unreasonable and undue economic hardship for the owner. BERCOVV RADELL & FERNAN DEZ ZONING, LAND USE ANC EN VI RO N fM ENrAL LAW Ms. Olga Zamora May 18, 2016 Page 4 Even assuming, arguendo, that the structures on the Property are worthy of contributing status, it has now been more than twenty (20) years since the structures became eligible for historic designation in 1997. The owners have relied on the properties non-contributing status and the City's inaction since 1997. First, under the City of Miami's Ordinance 11000 the Property was zoned for restricted commercial use. More recently, the City of Miami confirmed the potential use of the property for limited commercial purposes by rezoning the property under the Miami 21 code for limited commercial use in 2010. Since 1997, the Property and its structures have been eligible for consideration as a contributing resource based on the Secretary of Interiors general guidelines for designation. However, almost twenty (20) years have elapsed and the Property has continued to remain classified as non-contributing by three (3) different City of Miami Historic Environmental and Preservation Board Officers. This designation was never revisited in that time, despite the fact that the Property had been identified as "needs re-evaluation" on the Buena Vista East Historic Map. As required by the Code, we hereby submit the following additional information in relation to the Economic Hardship that the Resolution presents: 1. The amount paid for the property was $340,000. 2. The assessed value of the land and improvements according to the most recent assessment is $284,244. 3. The amount of real estate taxes paid for the previous three (3) years is attached. 4. With respect to potential adaptive reuse of the Property, the adaptive reuse is severely limited due to the fact that the structure was designed for residential purposes and that it lacks parking. For all of the foregoing reasons we request that you grant this appeal. cc: Megan Schmitt BERCOW RADELL & FERNAN DEZ ZONING, LAND USE ANC ENV IRONM ENTAL LAW l EXHIBIT A 184 NE 45th Street Ordinance 11000 Zoning EXHIBIT B Prepared by and return to: Jeffrey E Lehrman, Esq. Transamerica Title Services, Inc. 2199 Ponce de Leon Boulevard Suite 304 Coral Gables, FL 33134 305-460-4447 File Number: 04-3249 111111111111111111111111111111111111111111111 CFN 2004R0990229 DR bk 22505 Pas 3500 * 35011 tines) RECORDED 11/00/22004 14:56;15 DEED DOC TAX 2r040.00 SURTAX 11,530.00 HAI VEY RUVIH, CLERK DF COURT MIIAMI'-DADE COUNTY FLORIDA [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this 29th d y of qj etober, 2004 office address is 414 1LI 5r 1r " t-. 11+1tokm. husband and wife whose post office address isr142'a P6 2 (Whenever used herein the terms "grantor" and "grantee" include ill the patties individuals, and the successors and assigns of corporations, trusts and trustees) between Wilner W. Lamour, a single man whose post grantor, and Brian T. James and Nathaiie Cadet, Ct.�•rz. `a t-u 3� ►'�7 grantee: to this instrument and the heirs, legal representatives, and assigns of Witnesseth that said grantor, for and in consideration of the sum of TEN ANT), NO/100 DOLLARS (510.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lots 3 and 4 less the East 5.00 feet thereof, Block 2 of BILTMORE, according to the Plat thereof recorded in Plat Book 6, Page 67 of the Public Records of Miami -Dade County, Florida. Pareel ldentifieation Number; 0131240240240240 SUBJECT TO: Restrictions, conditions, easements, limitation of record, if any without reimposing same zoning and taxes for the year 2005 and subsequent years. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever and that said land is free ofall encumbrances, exoept taxes accruing subsequent to December 31, 2004. DoubleTimea Book22805/Page3500 CFN#20040990229 Page 1 of 2 OR FK 22 05 P LAST PAG In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, ealed : • d ivered in our presence: �• er W. Lamour ess Name: Ae K wal o State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me thisay of dh t - ~' who [j is personally known or [X] has produced a driver's license as identi [Notary Seal] Warranty Deed - Page 2 Notary "' blic Printed Name: My Commission (Seal) by Wilner W. Lamour, DoubleTimeo Book22805/Page3501 CFN#20040990229 Page 2 of 2 EXHIBIT C =ate �a Eti NW 48TH ST C c City of Miami Buena Vista East Historic District OULDO r NW 47TH TER 5 _l 13111.1 11111151tRi NW 46TH ST w op I J n LEGEND 61.11Buena Vista East Boundary Buena Vista East Footprint , Needs Re-evaluation ME Contributing /A Non-contributing Mal Buena Vista East Parcels p LJI I I I 9 i1 z NW 44TH ST a- 1 1 b n0 NW41STST ri Di] n ST nn Created by'City 1ofMiaml Planning Department Date10rin0 ill II 11 ill ,1d,11 "1I D:/requeststhlstorio dlsirlots/Buenavlsta CONT NON CONT.mId 1 1 1 1 1 1 1 1 • ■ 1 1 • • 11 } NE 47TH T NE 46TH ST NE 45TH ST C Zr I1L4 N8 48TH ST w w z NE 43RD ST L, 1 NE 44TH Si z �t N w 0 125 250 500 Feet `1 1 1 1 1 1 1 1 NE 48TH TER • NE 42ND ST EXHIBIT D City of Miami Master Report HEPB Resolution HEPB-R-14-022 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID #: 14-00420 Version: 1 Controlling Historic and Body: Environmental Preservation Board Enactment Date: 5/6/14 Status: In Agenda Title: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPROVING OR DENYING AN APPLICATION FOR A SPECIAL CERTIFICATES OF APPROPRIATENESS FOR DEMOLITION OF MULTIPLE BUILDINGS AT TWO ADDRESSES AT 4510 NORTHEAST 2ND AVENUE AND 191 NORTHEAST 45TH STREET WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT. LOCATION: Approximately 4510 NE 2nd Avenue and 191 NE 45th Street [Commissioner Keon Hardemon - District 5] APPLICANT(S): SLH Investments, LLC, Owner FINDING(S): PRESERVATION OFFICE: Recommended continuance. PURPOSE: This will approve the demolition of multiple buildings at two addresses. Reference: Introduced: 4/23/14 Name: Certificate of Appropriateness - 4510 NE 2 Av & 191 NE 45 st Requester: Cost: Final Action: Notes: *Please see companion File ID 14-00421. Sections: Indexes: Attachments: 14-00420 HEPB 05-06-14 Supporting Documents.pdf Action History Ver. Acting Body Date Action Sent To Due Date Returned Result City of Miami Page 1 Printed on 1/6/2015 1 Historic and 5/6/14 APPROVED WITH 1 Environmental CONDITIONS Preservation Board A motion was made by Lynn B. Lewis, seconded by Gerald C. Marston, that this matter be APPROVED WITH CONDITIONS. The motion carried by the following vote: Aye: 8 - **Vacancy Position , Timothy A. Barber, Todd Tragash, Hugh Ryan, Gerald C. Marston, Lynn B. Lewis, William E. Hopper, Jr,, David Freedman and Gary Hecht Absent: 1 - Jorge Kuperman City of Miami Page 2 Printed on 1/6/2015