Loading...
HomeMy WebLinkAboutHEPB (4809) Resolution10000P 000110 13 al 0R City of Miami HEPB Resolution Enactment Number: HEPB-R-18-063 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4809 Final Action Date:11/6/2018 A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, PURSUANT TO SEC. 23-6.2(4) OF THE CITY CODE OF ORDINANCES, DENYING AN APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A TWO-STORY SINGLE-FAMILY RESIDENCE WITH SITE IMPROVEMENTS, LOCATED APPROXIMATELY AT 5605 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, 33137, WITHIN THE MORNINGSIDE HISTORIC DISTRICT; FURTHER, INCORPORATING THE FINDINGS IN THE ANALYSIS ATTACHED HEREIN AS EXHIBIT "A". The board considered the plans presented; heard and received City staff's report; and, heard competent substantial evidence from witnesses and as indicated in the record. The board based its decision to deny this Special Certificate of Appropriateness for this application on the Agenda Report from Staff which was placed in the record and was considered , the evidence and other matters of record, and being otherwise advised on the matter and in consideration of the foregoing and the applicable Guidelines for the demolition of a contributing structure, finding that the conditions have not been met on the Application presented to the Board on November 6, 2018. Further, the Board found the proposed new construction would adversely affect the historic, architectural, and esthetics of the surrounding Morningside Historic District. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Preservation U1). icer Yl itlp/lst Date STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority,(f allirCnAt 11} Preservation Officer of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS CO DAY OF V�nv ,201P Print Notary Name N Personally know or Produced I.D. Type and number of I.D. produced A p' CEATRIZALVJ ;,,@ Commission #GG 153775 rFo F oP� Expires November 20, 2021 City of Miami Page 1 of 2 :. al iN 1409OQ 3454 ° /2018 otary Public State of Florida res: Did take an oath or Did not take an oath City of Miami Page 2 of 2 File ID: 4809 (Revision:) Printed On: 11/15/2018 EXHIBIT A City ,ef '.' Harm Planning Department HisDt:,ric Preservation Office ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Matthew Amster FILE ID: 4809 PROJECT ADDRESS: 5605 N Bayshore Dr ZIP: 33137 NET OFFICE: Upper Eastside HEARING DATE: 10/2/2018 COMMISSION DISTRICT: District 2 (Ken Russell) STATUS: Contributing TDRs: No A. GENERAL INFORMATION: REQUEST: Pursuant to Section 23-6,2(b)(4) of the City Code of Ordinances, as amended, the Applicant is requesting a Special Certificate of Appropriateness to allow for the demolition of an existing contributing structure and the new construction of single-family, residential structure located on a parcel zoned T3-R "Sub -Urban Transect Zone". The subject property is located within the Morningside Historic District, Bayshore Subdivision and the Upper Eastside Net Area. The site is approximately the second parcel located on the Northeast tercile of NE 561h Street and N Bayshore Drive. (Complete legal description is on file with Hearing Boards) Folio: 0132180370020 Lot Size: Approximately 30,000 sq, ft, B. BACKGROUND: On December 31, 1924, the Clerk of the Circuit Court, filed the 3rd Addition to Bayshore Subdivision in Section 18, Township 53, Range 42 in the City of Miami establishing lot 2 of Block 20 also known as 5605 North Bayshore Drive, Code Violations: The subject residence has been issued multiple violations for failing to maintain the structure and property. Amended 1010312018 File No, 4807 Page 1 of 9 Issued Apr 17, 2013: 1, Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash or dense growth of grass. Closed: Apr 29, 2013 Status: Void Issued Oct 10, 2013: 1, Failure to maintain exterior of commercial or residential property 2. Failure to maintain lot in a safe, clean condition; not allowing accumulation of debris, trash or dense growth of grass 3. First year failure to register a Blighted, unsecured, or abandoned structure. Closed: Nov 14, 2013 Status: Complied Issued: March 09, 2017: 1, Failure to register a vacant structure 2. Vacant, blighted, unsecured, and or abandoned structure 3. Failure to maintain exterior of commercial or residential property Closed: Jun 16, 2017 Status: Complied C. COMPREHENSIVE PLAN: The subject property is a contributing residential structure constructed in 1940 located within the Morningside Historic District. Pursuant to Goal LU-2, 2.3 and 2.4 of the Miami Neighborhood Comprehensive Plan the City will preserve and protect the heritage of the City of Miami through the identification, evaluation rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic and archeological resources. The Applicant's request for the approval for the demolition of a contributing structure and the new construction of a single-family structure on a residential parcel is not in accordance with the Comprehensive Plan, Chapter 23 of the City of Miami Code of Ordinances, the Secretary of Interior Standards, and the Preservation Office Historic Design Guidelines. Amended 1010312018 File No. 4807 Page 2 of 9 D. PHOTOGRAPHS: Historic Photo 1940 CURRENT CONDITION: Front facade 2018 Amended 1010312018 File No. 4807 Page 3 of 9 Street View 2018 PROPOSED PLAN: Proposed View 2018 Amended 10103/2018 File No. 4807 Page 4 of 9 E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-R Sub -Urban Transect Zone Restricted (Morningside Historic District) Surrounding Properties NORTH: T3-R; Single Family Transect Zone (Morningside Historic District) SOUTH: T3-R; Single Family Transect Zone (Morningside Historic District) FUTURE LAND USE DESIGNATION Single Family Residential Maximum of 9 D.U. per acre Single Family Residential Maximum of 9 D.U. per acre Single Family Residential Maximum of 9 D.U. per acre EAST: N/A N/A WEST: T3-R; Single Family Transect Zone Single Family Residential (Morningside Historic District) Maximum of 9 D.U. per acre F. ANALYSIS; The following is a review of the request pursuant to 23-6,2(b)(4) of the City Code of Ordinances, the Preservation Office Historic Design Guidelines, and the Secretary of the Interior's Standards. Analysis: The existing structure is located at N Bayshore Drive in the Morningside Historic District. The applicant is requesting the demolition of a contributing ranch -style structure built in 1940, On the lot is a single-family residence, a detached garage, and a gazebo. Application for Demolition: The Applicant states that the building has significant structural damage, and that to repair the plumbing, electrical, and air conditioning would require the near demolition of the existing structure. Furthermore, the Applicant argues that the building is under the required Base Flood Elevation and that to raise the structure would also take the near demolition of the existing structure. Both would come at considerable loss. To this effect, the applicant has submitted an engineer's report, photos, comparable cost descriptions, and the costs to repair the structure. Preservation Staff presented these documents to the Chief of Unsafe Structures, Rene Diaz, Upon his review of the engineer's report, photographs, and unsafe structure inspector's comments on the structure he determined that the cost of the repairs would ".,.exceed the Amended 1010312018 File No. 4807 Page 5 of 9 50% threshold set by the Florida Building Code and the structural damages are also in excess of 30%." (Attachment "A"), He concluded that based on these findings the recommendation of the Unsafe Structure Panel would be demolition. The Applicant purchased the property in 2012 and has since received multiple violations for failing to maintain the property. In 2013, the applicant received a violation titled 'First year failure to register a Blighted, unsecured, or abandoned structure,' Chapter 23 of Miami's City Code defines Demolition by Neglect as, "The deliberate or inadvertent failure to maintain minimum maintenance standards for those properties designated historic either individually or as a contributing property within a historic district by action of the Historic and Environmental Preservation Board." At the time this staff report was drafted, records show that there have been six violations on the subject property dating back to 2013: CE2013019341 2171 - Failure to maintain exterior of commercial or residential property. 2180 - Failure to maintain lot In a safe, clean condition; not allowing accumulation of debris, trash or dense growth of grass 1696 - First year failure to register a Blighted, unsecured, or abandoned structure. CE2017003814 1695 — Failure to register a vacant structure. 1697 — Vacant, blighted, unsecured and/or abandoned structure 2171 — Failure to maintain exterior of commercial or residential property. To prepare this analysis, staff referred to Sec. 23-6.2. (i) Demolition by neglect of the City Code (Attachment "B"). Based on the property owner's complete lack of action towards the property over the last six years, Staff believes this is a clear case of Demolition by Neglect. The long list of violations above is proof that the property's condition was in violation of Sec. 23.6.2 (i) dating back to at least 2013, when the property owner was first cited for failure to register a "a Blighted, Unsecured or abandoned structure." Staff believes that the violations from 2013 and 2017 is sufficient evidence to prove that as of October 10, 2013, the property owner was in violation of the following section of the Code Sec. 23-6.2. (i) (1) (a) - (h): Amended 10/0312018 (1) All such properties shall be preserved against such decay and deterioration and shall be free from structural defects Through prompt corrections of any of the following defects.' a. Facades which may fall or damage the subject property, adjoining property, or injure members of the public. b. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports. c. Members of ceilings, roofs, or other horizontal members which sag, split, or buckle due to defective material or deterioration. d. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken or missing windows or doors. File No. 4807 Page 6 of 9 e. Any fault or defect in the property which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. f Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior walls, roofs, or foundation, including lack of paint or weathering due to lack of paint or protective covering. g. Any structure designated historic which is not properly secured under the Florida Building Code or other technical codes and is accessible to the general public; or, any fault or defect on the property designated historic that renders it structurally unsafe or not properly watertight. h. Spelling of the concrete of any portion of the interior or exterior of the structure designated historic. In assessing the demolition Preservation Staff assessed the architectural value, the benefits of a demolition to the neighborhood, and the condition of the property. 5605 N Bayshore Drive is a Contributing property within the Morningside Historic District due to its age and architectural style. When a building is important because of its architectural style, it must retain most of the physical features that contribute to creating that style or character. In addition to the physical features, are whether a building retains the majority of the features that illustrate its style in terms of the massing, spatial relationships, proportion, pattern of windows and doors, texture of materials, and ornamentation. 5605 N Bayshore Dr still contributes to the district as it contains architectural value as a good example of a Ranch style residence. The structure remains largely un-altered from its historic photo; maintaining the linear layout, historic window configuration, decorative iron rails and balconies. Staff does not see a major benefit to the Morningside Historic District in a contributing structure being demolished, The subject property currently contributes to the architectural and cultural significance and the purpose of the Morningside Historic District. As stated, it is a good example of Ranch style architecture which adds to the character and historic narrative of the Morningside Historic District. Pursuant to Sec, 23-1(a) of the City Code of Ordinance, as amended, the purpose of Miami's Historic Districts is to "(1) effect and accomplish the protection, enhancement, perpetuation, and use of historic structures... (and].,, neighborhoods which represent distinctive elements of the city's historic, cultural._ and architectural heritage; and (2) To protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods." Following conversations with the Morningside Civic Association, Staff has been made aware that the neighborhood is also of the opinion that the subject property is of value to the neighborhood and should not be demolished. The proposed demolition of the Contributing residence at 5605 N Bayshore Drive is in violation of the Purpose of Chapter 23 and Code Sec. 23-6.2(i)(1)(a) - (h). Application for New Construction: Single -Family Residence: The applicant has submitted plans for a two-story single-family residence of modern/contemporary design and a detached garage. The residence will face the West with Amended 1010312018 File No. 4807 Page 7 of 9 two stories of horizontal board formed architectural concrete walls with wooden grain exposed. One square window will be placed on the south side of the front facade of the second floor, A second window will be placed on the north side of the front facade of the first floor. The front door is camouflaged in to the front facade. Overhanging eaves project over the first floor to create a covered walk around the entire building, Above the eaves is a wooden deck with horizontal slatted wood panels. The setback from the front property line to the residential structure is 98' 31/", The application packet depicts the inspiration for the building as coming from nearby streamline modem style and international style properties within the Morningside neighborhood. Staff finds the current facade to not be complementary to the historic neighborhood with the noticeable lack of windows and door to the front facade. Additional, horizontal windows should be added to the design and the door be made apparent. The North and South elevations will have a covered walk way screened with decorative concrete lattice called COBOGO. The inspiration for the design is taken from nearby properties. The side setback to the South is 18' 8", To the north, the side setback is 13' 7 The East elevation depicts a glass rear facade along the first floor that opens on to the covered terrace, Steps lead down to a pool deck and swimming pool. The second story is covered in horizontal slatted light wood panels with a wood deck. The rear setback to the Eastern property line is 84' 9". Above the second floor is the mechanical equipment. Due to its visibility it is screened with the same slatted wood panels that run the length of the second -floor. There is a 10' foot high wood fence at the front property line screening the property from the street. The height of this fence would impede visibility to the property and adversely affect the aesthetic character and interest of the historic district. As such, the height of the fence in the front property should be reduced in height to no taller than 5'. The proposed masonry wall on the side property lines does not exceed 4' in height within the first 20' of the property. Continuing In in to the second and third layer the proposed wall will not exceed 8' in height. Garage: The applicant is requesting a detached parking garage in the front yard. The proposed garage, like the existing, is in the Northwest corner of the property. Mirroring the main structure, the proposed garage has a projecting roof that connects with a wall of COCOBGO decorative concrete lattice. The Environmental Resources Staff at the City of Miami has reviewed the plans and have provided comments (Attachment "C"), Amended 10/0312018 File No. 4807 Page 8 of 9 Findings: In -Consistent G. NEIGHBORHOOD SERVICES: Code Compliance No Objection Building Required NET No Objection Environmental Resources Approval with conditions pursuant to Attachment "C" Art in Public Places No Objection Zoning No Objection H. CONCLUSION: The application has not demonstrated compliance with Chapter 23 entitled "Historic Preservation" of the City of Miami Code of Ordinances and the Secretary of the Interior's Standards. Staff finds the request does not comply with all applicable criteria and finds that the request for a Special Certificate of Appropriateness for demolition and new construction does adversely affect the historic, architectural, or aesthetic character of the subject structure or the aesthetic interest or value of the historic district. I, RECOMMENDATION: Pursuant to Section 23-6,2(b)(4) of the City of Miami Code of Ordinances, as amended, and the Secretary of Interior Standards, the Preservation Office recommends denial of the Special Certificate of Appropriateness. Warren Adams Preservation Officer W, Sczechowlcz 9/17/2018 Amended 1010312018 File No. 4807 Page 9 of 9 Attachment "A" Sczechowicz, Wendy From: Diaz, Rene Sent: Wednesday, August 22, 2018 5:03 PM To: Sczechowicz, Wendy Cc: Matthews, Denise Subject: RE: 5605 N Bayshore Dr Importance: High Good afternoon Wendy, After reviewing the engineers report, pictures and unsafe structure inspector's comment, the cost of repairs exceed the 50% threshold set by the Florida Building Code and the structural damages are also in excess of 30%. Based on the percentages of deterioration and damages found, the recommendation on such structures by the Unsafe Structure Panel would be demolition. I will have Denise Matthews send you the case pictures. Thank you. Rene I. Diaz, Chief of Unsafe Structures City of Miami Unsafe Section 444 SW 2nd Avenue 41h Floor Miami, Florida 33130 Telephone: 305-416-1107 Cell phone: 786-251-7181 rediazCalmiamieov.com To learn more about our Unsafe Structures process just click - here To learn more about the 40-Year Recertification process, please click -) here To reach the Building Department webpage, please click here This communication, together with any attachments, may contain legally privileged and confidential information. It is intended only for the use of the above person or persons. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. if you have received this communication in error, please notify the sender immediately by reply e-mail and immediately destroy all copies of this communication and any attachments. Please consider the environment before printing this e-mail From: Sczechowicz, Wendy Sent: Tuesday, August 21, 2018 2:36 PM To: Diaz, Rene <ReDiaz@miamigov,com> Subject: 5605 N Bayshore Dr i Good afternoon, Rene Per our meeting today regarding the subject address, can you send me comments on your review of the applicant's report and the photos taken by Code Enforcement? Kind regards, %VI Wendy Sczechowicz Historic Preservation Planner 1Df1linn Planning Department Preservation Office 4 Ar Visit us at www.miamigov.com/planning. 2 Attachment "B" Sec 23-6.2 (i) Demolition by neglect. (1) Demolition by neglect prohibited; affirmative maintenance required . The owner(s) of a property designated historic pursuant to this chapter, which includes a property either individually designated, or designated as a contributing property within a historic district, as defined by this chapter, shall comply with all applicable codes, laws, and regulations governing the maintenance of the property. It is the intention of this section to preserve from deliberate negligence, or inadvertent neglect the exterior features of property designated historic and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against such decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects: a, Facades which may fall or damage the subject property, adjoining property, or injure members of the public. b. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports. c. Members of ceilings, roofs, or other horizontal members which sag, split, or buckle due to defective material or deterioration. d, Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken or missing windows or doors. e. Any fault or defect in the property which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. f. Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior walls, roofs, or foundation, including lack of paint or weathering due to lack of paint or protective covering. g. Any structure designated historic which is not properly secured under the Florida Building Code or other technical codes and is accessible to the general public; or, any fault or defect on the property designated historic that renders it structurally unsafe or not properly watertight. h. Spelling of the concrete of any portion of the interior or exterior of the structure designated historic. Attachment "C" TO: FROM: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Wendy Sczechowicz Historic Preservation Planner Kyle Brudzinski Environmental Resources Specialist DATE: 9/14/18 FILE: 4809 SUBJECT: Demolition & New Construction REFERENCES: 5605 N Bayshore Dr ENCLOSURES: Environmental Resources has reviewed the proposed demolition and new construction at 5605 N Bayshore Drive. In response to this review, the following are Staffs recommendation(s) and/or comments: 1. Tree protection plan will be required for all trees to remain on -site during demolition and new construction phase. Protection plan will be according ANSI A300, any increase or decrease in tree protection will be specified by a Certified Arborist. 2. Relocation specifications required by a Certified Arborist,