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HomeMy WebLinkAboutSubmittal-Michele Beauvais-Wagoner Presentation PacketEPGD BUSINESS LAW July 19, 2019 Via E-mail Honorable Chairman and Commissioners City of Miami Commission 3500 Pan American Drive Miami, FL 33133 ALBERTO M. MANRARA, ESQ. MIAMI OFFICE: (786) 837-6787 D.C. OFFICE: (202) 900-2818 WEST PALM OFFICE: (561) 461-0700 E-MAIL: ALBERTO@EPGDLAW.COM Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Re: Appellants' Response to Pim Investment LLC's Letter Challenging Appellants' Standing to Appeal Resolution No. IIEPB-R-19-018 (File ID 5901) Dear Honorable Chair and Commissioners: This letter is submitted by Peter R. Wagoner and Michele Beauvais -Wagoner (the "Wagoners" or the "Appellants") in response to a letter submitted by Pim Investments, LLC ("Applicant") in connection with the proposed construction of a home at the property located in the historic Morningside neighborhood at 5965 NE 6th Avenue, Miami, Florida (the "Proposed Residence"). The Wagoners, who own and live at the property immediately adjacent to the Proposed Residence on its southern side (5955 NE 6th Ave), filed a timely and complete appeal (the "Appeal") of Resolution No. HEPB-R-19-018 (the "Resolution"), which approved a Special Certificate of Appropriateness ("Special COA") allowing certain development plans presented by Pim Investments, LLC. The Miami City Commission granted the Wagoners a hearing on the merits of their Appeal and set it for June 27, 2019. The Commission continued the hearing on the Appeal until the July 25, 2019 City Commission Meeting. On July 10, 2019, subsequent to the date the Wagoners expected to be heard on the merits of their Appeal, Pim Investments LLC hired Greenberg Traurig to write a letter challenging the Wagoners' standing to appeal at all, despite the appeal being timely and correctly filed and the Wagoners being the owners of the immediately adjacent property. The letter prepared on behalf of Pim Investments, LLC argues the Wagoners do not have standing to appeal the Resolution because they are not an "aggrieved party," as that term is understood by Florida case laws. 1 Specifically, Renard v. Dade County, 261 So. 2d 832 (Fla. 1972). The Wagoners note that Pim Investments, LLC has also cited to Chabau v. Dade County, 385 So. 2d 129 (Fla. 3d DCA 1980) in support of its position challenging the Wagoners' right to be heard on their Appeal. However, the Chabau case is easily and quickly distinguishable from the facts at hand here because, in Chabau, the court denied standing to a representative association formed to represent homeowners in the appeal, not any actual homeowners. The Chabau court reasoned that the representative association, rather than its actual members, would not suffer any injury, and thus its interest was too attenuated for standing. The Wagoner's Appeal is different in that they are the actual homeowners rather than any representative body made up of various homeowners, and they specifically suffer direct and immediate injury from the Resolution under appeal — a tangible reduction in the value of their property as well as interference with their use, enjoyment, and aesthetic appreciation of their property. Furthermore, the Wagoners, unlike the representative body in Chabau, have standing to sue in state court as the owners of the property immediately adjacent to the Proposed Residence. W W W.EPGDLAW.COM MIAMI OFFICE: 777 SW 37'N AVE., SUITE 510, MIAMI, FLORIDA 33135 DC OFFICE: 1900 M STREET NW, SUITE 600, WASHINGTON, DC 20036 WEST PALM BEACH OFFICE: 700 S. ROSEMARY AVE., SUITE 204, WEST PALM BEACH, FL 33401 5901 -5Lbrni1-144-,f'yzA-uViti's-(4,410(1)2e-Pzsar+,a-Wa,PAckz4- 5965 NE 6th Ave. HEPB-R-19-018 File ID 5901 Appellants' Response on Issue of Standing Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk However, the Wagoners, who own the property immediately adjacent to the Proposed Residence, clearly qualify for standing upon review of the applicable law and the several factors that must be considered when evaluating standing to appeal a decision such as the Resolution. Applicable Leaal Standard In Renard v. Dade County, the Florida Supreme Court held that an "aggrieved party" having standing to sue is one "who has a legally recognizable interest that is or will be affected by the action" being challenged. Renard v. Dade County, 261 So. 2d 832, 837 (Fla. 1972). An "individual having standing must have a definite interest exceeding the general interest in community good shared in common with all citizens." Id. Factors to be considered in determining the sufficiency of the party's interest to give standing include: "(i) the proximity of the [Appellant's] property to the [Proposed Residence]; (ii) the character of the [Morningside historic] community; (iii) the type of change proposed; and (iv) whether the [Appellant] is among those entitled to receive notice [of the proposed action]." Id. As the Wagoners own and reside in the property immediately adjacent to the Proposed Residence, they clearly have a legally recognizable interest that is or will be affected by the Resolution adopting the Special COA, an interest that is clearly far greater than any general interest in community good that is shared in common with all citizens. The plan approved in the Special COA would result in a direct harm to the property value of the Wagoners' residence. A true and correct copy of an affidavit prepared by Shirley Pardon, a real estate expert with Keller Williams Realty, detailing the harm to the Wagoners' property value is attached hereto as Exhibit "A" for consideration by the Commission. In addition to the foreseeably detrimental effect on the property value of the Wagoners' home, they are also entitled to standing because they qualify under the various factors that are considered when evaluating standing, as explained below. (i) The proximity of the Appellants' property to the Proposed Residence The most important factor to be considered when evaluating whether a person has standing to challenge a Special COA is the proximity of their property to the property that has been granted the Special COA, in this case the Proposed Residence. The City of Miami has historically recognized that proximity within 500 feet of the subject property is sufficient proximity for standing, a precedent created by the City Commission that residents rightly expect to see enforced consistently. Here, the Wagoners are well within 500 feet of the Proposed Residence and have the highest possible proximity to it — their property, which they have owned and resided in for over 19 years, is immediately adjacent to the Proposed Residence, and thus they indisputably "have a definite interest exceeding the general interest in community good shared in common with all citizens." Furthermore, as owners of the immediately adjacent property, they have a clear "legally recognizable interest that is or will be affected" by the Special COA, and thus enjoy standing in state court and standing to appeal the Special COA granted to the Proposed 5965 NE 6th Ave. HEPB-R-19-018 File ID 5901 Appellants' Response on Issue of Standing Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Residence. The Commission would betray its obligations to its citizens if an immediate neighbor was denied standing to be heard at all on a matter that so directly affects them and their enjoyment of their home. (ii) The character of the Morningside historic community The distinct, open character of the Morningside historic community has been recognized by the City of Miami and its Historic Preservation General Design Guidelines. Residents cherish the distinct character of the neighborhood and have demonstrated remarkably consistent adherence to its general characteristics — open front yards without fencing, set back deep into the lot to allow expansive lateral views for each of the homes and encourage a welcoming, inviting environment among Momingside residents. The Wagoners' set -back is 38.5 feet and all other residences on the block except one have a set -back of at least 30 feet. The one home with a lesser set -back is situated on an undersized lot. The Proposed Residence would obliterate this consistent feature of the block with its set -back of less than 20 feet. Furthermore, the disjointed style of the Proposed Residence, wherein three individual residences will be separated by long, enclosed pedestrian pathways, is immediately jarring for its inconsistency with the nearby homes both on the immediate block and in the surrounding Momingside area. Morningside does not allow fencing along the front boundary of properties in order to preserve the characteristic open and inviting feel cherished by so many of its residents. While exceptions are made for fences that are genuinely grandfathered-in as lawfully erected prior to the prohibition, the unseemly chain -link fence on the front boundary of the Proposed Residence was erected haphazardly and without permits, and thus cannot be grandfathered-in as an exception to the prohibition of this type of fence. This departure from the essential, recognized character of Morningside and the immediate block definitely affects the legitimate interests of the Wagoners, particularly in light of their ownership of the immediately adjacent property on the same block as the Proposed Residence. (iii) The type of change proposed The type of changes proposed in the Special COA are significant, and they affect the Wagoners in a direct and material way. The design proposed by Pim Investments LLC for the Proposed Residence, with three separate residential areas adjoined by enclosed pedestrian walkways and a fourth detached residential unit above the garage, strongly lends the residence to rental to itinerant guests who value privacy from the rest of the house and/or other renters, such as Air BNB renters. The Special COA for the Proposed Residence also dramatically changes the way the Wagoners' front door and the overall frontage of their home fit in with the rest of the block and the nearby homes, as the plan approved in the Special COA would cause the Wagoners' front facade to appear drastically hidden away from the street and from street access. This would damage the curb appeal of the Wagoners' home and severely undermine the aesthetic of their front door, deep front yard, and their front porch. Additionally, the excessive and awkwardly short set -back on the front of the Proposed Residence will also block most or all of the Wagoners' lateral sightline from their front door and front porch. 59651E 6t Ave. HEPB-R-19-018 File ID 5901 Appellants' Response on Issue of Standing Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Furthermore, while the Proposed Residence would encroach to the very limit of what is technically allowed under set -back requirements for the side of the house, the planned second - story portion of the Proposed Residence would dwarf the Wagoners' backyard, consume much of the valuable skyline visible from their home, and directly impact their use and enjoyment of the backyard and pool, which sit directly beneath where the obtrusive, towering second story is set to be built. (iv) Whether the Appellant is among those entitled to receive notice The least important factor that can also be considered is whether the Appellant is among those entitled to receive notice under the local rules governing the administrative zoning action. As notice under Section 26-6.2(b)(4)a of the City Code of Ordinances is only required to be extended directly to the applicant and to any individual or organization who has requested and paid to receive notice in advance, the Wagoners are not persons entitled to receive direct notice. However, the same section of the City Code also requires that an advertisement be placed in a newspaper and thus the Wagoners, as local residents with access to such a newspaper, are indirectly entitled to notice. Alas, notice requirements vary so widely across the state that controlling case law has emphasized that "notice requirements are not controlling on the question of who has standing" and persons who rightly qualify for standing may or may not be among those entitled to notice under the local rules. Renard, 261 So. 2d at 837. The Wagoners should be found to have standing to appeal because they are indirectly entitled to receive notice and this factor is to be construed loosely and is not dispositive of the issue. Conclusion The Wagoners have been residents of their home in the Morningside community for over 19 years. They cherish the distinct open plan of their block and the Morningside community overall, and as the owners of the property immediately adjacent to the Proposed Residence, they have a clear, legally recognizable interest that is or will be affected by the Resolution approving the Special COA. The changes proposed under the Special COA would immediately alter the distinct, consistent character of their community and the immediate block where the Wagoners and the Proposed Residence reside. They would also directly and materially impact the property value of the Wagoners' residence and the nature of their use and enjoyment of their home, front yard, and backyard and pool area. Their definite, cognizable interest clearly and indisputably rises above the general interest in community good shared in common with all citizens, and their standing to appeal should not be denied. Best Regards, 5965 NE 6th Ave. HEPB-R-19-018 File ID 5901 Appellants' Response on Issue of Standing Alberto M. Manrara Senior Litigation Associate For the Firm Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Enclosures: Exhibit A: Shirley Pardon's Affidavit of Impact to Value of Wagoners' Residence Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Exhibit "A" Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk AFFIDAVIT IN S11PPORTOF THE WAGONERS' APPEAL. OF RESOLUTION NO. HEPB-R-19-OI S (FILE ID 5901) BEFORE ME, the undersigned notary public, personally appeared SHIRLEY PARDON and after being duly sworn. deposes and says as follows: 1. 1 am over eighteen years or agc and otherwise sui juris. 2. This affidavit is bascd on my personal knowledge and expertise in the field of residential real estate, particularly in South Florida and the historic Morninesidc community of the City of Miami. 3. I have been a licensed realtor over 16 years during which lime I worked on getting certifications and designations such as Graduate of Realtor Institute, Certificate of International Property, Luxury (Tome Designation and most recently the designation in Senior Real Estate 1 also took diplomas in Short Sales and Foreclosures. I have lived in Morningside for the past 29 years and have sold properties in this area during my time as a Realtor. I am therefore extremely knowledgeable about this particular area 4. 1 am currently a rcaltor with Keller Williams Eagle Realty and work from their Miami Shores office. Therefore most of my work is local to this and immediate surrounding areas 5. I have reviewed the City of Miami I IFPTI Resolution No. HEPB-R-I9-O I8 (thc "Resolution") and the corresponding Analysis for Special Certificate of Appropriateness ("Special COA") that was granted to the residence at 5965 NE 6th Ave. Miami, FL (the" Proposed Residence") 6. I have examined the immediately adjoining,residence on thc southern boundary, located Submitted into the public record for item(s) pZ,7 on _ 07/25/2U1y City Clerk at S955 NE G' Ave., that is owned by NIr and Mrs. Wagoner (the `Wagoner Residence"). 1 have also examined thc block on which they reside and the nearby homes in the immediate vicinity of the neighborhood. 7. Atter careful review of thc proposed development plans and the subject homes, block. and immediately surrounding area, it is my professional and expert opinion that the proposed development contemplated by the Special COA will have a neeative and detrimental impact on the property value of the Wagoner Residence. x. Nir & Mrs Waeoner's home sits on a quiet street in the Historic part of Morningside and is itself an i listoric - Contributing Home in the designated arra. The house which has been proposed on the lot immediately next to theirs is completely out of place in such an historic arca. Although a new home has been built across the street from theirs, this is much more in keeping with surrounding properties. The plans that I saw for the building(s) as this is not just one house. but a series of structures joined only by walkways, bears no resemblance to any homes on this street, nor any other in the I listoric designated Morningside. The value of the Wagoner's home would depreciate as one of the proposed structures will he immediately abutting their fence and at two stones will he fully overlooking their yard and pool. As a Realtor. I know that the first thing buyers notice is the privacy or lack of, for their back yards. Further, the front of the structure will he situated several feet forward of their property thus reducing curb appeal of the Wagoner's property considerably. 9. As a resident of Morningside, i can categorically state that the increase in the value of the homes has grown greatly over the years. A monstrosity such as this will clearly diminish any return on investment that the Wagoner's ha%r made in their time in the home. It Submitted into the public record for item(s) PZ.7 . on 07/2512019 , City Clerk Affidavit would be a hard home to sell because of the privacy issue and the general ugliness of the proposed strudures if built, immediately next to their home. /O. In conclusion I would like to say that unless we can rely on the I IEP Board leaping to their guidelines, laid down to protect and keep our few remaining historic areas of our city, then Morningside will be become no more than a housing community with owners being able to erect any structure that they desire to do. Not only that, there is of course the fcar that this could become an Airbnb residence which would then present even more of a problem living in such dose proximity to this. FURTHER AFFIANT SAYETII NOT %► SHIRLEY PARDON Realtor Keller Williams Realty STATE OF FLORIDA COUNTY OF MIAMI-DADE The fan:going instrument was acknowledged before me this 19th day of July, 2019 by Shirley Pardon who is pars ialIknown to me or has produced as identification and who did/did not take an oath. / _Vl;>� NOTiePUBLIC 41:dy My Commission expires. 6 (l '1 /2_0,),a.. Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk City of Miami HEPB Resolution Enactment Number: HEPB-R-19-018 File Number 5659 APPELLANTS: PETER R. WAGONER MICHELE BEAUVAIS-WAGONER APPELLEE: PIM INVESTMENTS, LLC a Florida limited liability company Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk Jose Manuel Belsol Mariana Evora 5966 NE 6th Avenue Miami, Florida 33137 CITY OF MIAMI CITY CLERK'S OFFICE 3500 PAN AMERICAN DRIVE MIAMI. FLORIDA 33133 RE: RESOLUTION NO. HEPB—R-19-018 FILE ID PZ-19-205 PROJECT ADDRESS: 5965 NE 6T" AVE June 24, 2019 To City Clerk: This letter constitutes our withdrawal as co -appellants of the appeal of that certain Special Certificate of Appropriateness (SCOA) to allow the new construction of a single-family, residential structure located at 5965 NE 6th Avenue, on a parcel zoned T3-R "Sub -Urban Transect Zone", awarded by the City of Miami HEP Board on April 2, 2019 (the "Project"). We dismiss all claims in this matter. The Appeal is scheduled for the Planning and Zoning meeting of the City Commission on Thursday June 27, 2019, Agenda Item PZ-19 5901. Sincerely J aribel Belsol Mariana Evora Miami, Florida Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk cc: Warren Adams, City of Miami Historic Preservation Officer Peter Wagoner and Michele Beauvais -Wagoner 5/2/2019 Detail by Entity Name Detail by Entity Name Florida Limited Liability Company PIM INVESTMENTS LLC Filing Information Document Number L18000185550 FEI/EIN Number 83-1464977 Date Filed 08/02/2018 State FL Status ACTIVE Principal Address 12550 BISCAYNE BLVD STE 110 MIAMI, FL 33181 Mailing Address 12550 BISCAYNE BLVD STE 110 MIAMI, FL 33181 Registered Agent Name & Address REGOJO, ANTONIO 12550 BISCAYNE BLVD STE 110 MIAMI, FL 33181 Authorized Person(s) De ail Name & Address Title MGR STOHNER, THEODORE 12550 BISCAYNE BLVD STE 110 MIAMI, FL 33181 Annual Reports Report Year Filed Date 2019 01/09/2019 Document Images 01/09,2019 -- ANNUAL REPORT 08 02,2018 -- Florida Limited Liability View amage in PDF format View image in PDF format Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk search. su nbiz.org/Inquiry/Corporation Search/SearchResultDetail?inq uirytype=E ntityName&directionType=1 nitial&searchNameOrder-PIM I NV ESTMEN ... 2/2 u muted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Miami City Code, Chapter 23-6.2 (h), on new construction in a historic district (1) Alteration of existing structures, new construction. Generally, for applications relating to alterations or new construction as required in subsection (a) the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall historic site, historic district, or multiple property designation. Except where special standards and guidelines have been specified in the designation of a particular historic resource, historic district, or multiple property designation, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic resource, historic district, or multiple property designation, decisions relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." Morningside Historic District Guidelines, pages 70 & 71: An enclosure is any fence, gate, wall or hedge that fully or partially encloses property or otherwise obstructs the view of the house from the street. Front of home / on property line. Generally, enclosures may not be located in front of a main facade. Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Miami 21 Zoning Code 2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code shall be the minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. This means that the minimum 20-foot front setback is a minimum requirement, it is not an entitlement. The Historic Preservation provisions of Chapter 23 supersede the zoning code, specifically the language that prohibits adversely affecting the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures, including form, spacing and yards. Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk INDEX TAB NUMBER DESCRIPTION 1 2 3 4 5 6 7 8 9 Neighbor Petition Context and Site Maps Fencing — Location and Materials Fencing — Grandfathering Set Backs Expert Opinions Pool Massing Trees Authority TO: Submitted into the public record for item(s) PZ. 7 THE CITY OF MIAMI COMMSSIONERS MAYOR FRANCES SUAREZ WARREN ADAMS, CITY OF MIAMI PRESERVATION OFFICER on 07/25/2019, City Clerk We, the undersigned hereby respectfully support the Appeal by Peter R. Wagoner and Michele Beauvais -Wagoner, joined by Jose Manuel Belsol and Mariana Evora. We are opposed to the granting of a Special Certificate of Appropriateness (SCOA) to allow the new construction of a single- family home at 5965 NE 6th Avenue. Miami, FL (Resolution Number HEPB—R-19-018) for the reasons stated in the Appeal Letter, which are: 1. The plans show a minimum 20 foot front setback while every other house on the block front has at least a 30 foot front setback. 2. Fences are not allowed across the front facade of our houses, but these plans show a fence across the front of the proposed house. Name Address Signature Si.,dra. J —•kdre. S"q o .4/O 6.1k 66 Off;f - . ,,, C hilt — - i/e.1///0.e. v-sa rn ti yql /t/ G _7-,a' acm' re- v' ‘&-eW"--- E- 0gv6k0 S t0, (pup° 1V t o, S%ort, iv . I PA' k.) A gov(12Nt T91q0 g 6iy&iti) kr;ve - . WO) c' O id. MI Sc*-G'Dr. ,,,,.1 . !1 k Gs W\QY1� 51g W.Gi 1�n'e�ir'`tN�,ys I/\\//�,\/� ` I Soo - _s-N• porLAuv 171*), CM7 ,I V/ E 9TV- F /(/'S Cre,v-z_ ,3i,,(-77 sty`- , AI CI M.©ir1 yo 5ctgp N� 19 C,-t, �1/Z. 4 Y 5--30 /0- 6AL/504- 0A !p( t p r1 MCriptivo W 6,30 Ne 55' 5 T.Aiiiik " lotda. y-AcAik leg (0-))0 ht Sc-r`` CY t A' (e(tsvit4 Al 46161 w ood S9 trAdgshd-e )I• ' • NletAA 1saeri. SgFO N. , Skore I1 • 1 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk TO: THE CITY OF MIAMI COMMSSIONERS MAYOR FRANCES SUAREZ WARREN ADAMS, CITY OF MIAMI PRESERVATION OFFICER Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk We, the undersigned hereby respectfully support the Appeal by Peter R. Wagoner and Michele Beauvais -Wagoner, joined by Jose Manuel Belsol and Mariana Evora. We are opposed to the granting of a Special Certificate of Appropriateness (SCOA) to allow the new construction of a single- family home at 5965 NE 6th Avenue. Miami, FL (Resolution Number HEPB—R-19-018) for the reasons stated in the Appeal Letter, which are: 1. The plans show a minimum 20 foot front setback while every other house on the block front has at least a 30 foot front setback. 2. Fences are not allowed across the front facade of our houses, but these plans show a fence across the front of the proposed house. Name Address Signature (liras)i;e Z l/g 53CN•f s/h.S1y ilgh;:,11. ' %ll> �i 4iWaRees " el( e grok NI Sri. x osiv t; ,,a r-9 `mac?_ 600 g E .s tc-c . iv,„, a `. d25 2 JI i7 _ -5711 NE 56—7£aa. IIFu f2-33i37 - get 1/1 /e e!'�' 'it .0 S- /V 6,-- "-er , ale. fir/ l s- 1V S6I Zi� " / twa Oidbr{ aril) HE Y Ter cp S/ Goo A, 03_..' /-4--{1..‹ S-a--r- k) ‘ois-- tkie - ,i,fte„...4 c . 13 , J t, (z- b(I .1•10 sS - 1 1144-0,14 g ll ywisi di.--iz, /-,,icap,,ibe 37/ AL- ,Sq gi- ..." , by ((.c, v l tit ( =I- . --s air a-soi,L„,_ r5-( ke ,5.' 5, esfigez OkEso 554o a t- y 2e- ,e. e,4 Name Address/ 1 C� St- G6cf Nie (ow W, ‘5z3( N, E, Signature Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk TO: THE CITY OF MIAMI COMMSSIONERS MAYOR FRANCES SUAREZ WARREN ADAMS, CITY OF MIAMI PRESERVATION OFFICER Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk We, the undersigned hereby respectfully support the Appeal by Peter R. Wagoner and Michele Beauvais -Wagoner, joined by Jose Manuel Belsol and Mariana Evora. We are opposed to the granting of a Special Certificate of Appropriateness (SCOA) to allow the new construction of a single-family home at 5965 NE 6th Avenue. Miami, FL (Resolution Number HEPB—R-19-018) for the reasons stated in the Appeal Letter, which are: 1. The plans show a minimum 20 foot front setback while every other house on the block front has at least a 30 foot front setback. 2. Fences are not allowed across the front facade of our houses, but these plans show a fence across the front of the proposed house. Name Address Signature Akfi .4// 4/W 5,a 5, `, �Z vRF_-�"T- U R`( S2`�o N M««,� E S Av 3 3 7 1,11-i A. OA( I.461M(.7 37r.NN ovo 59y9. 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We are opposed to the granting of a Special Certificate of Appropriateness (SCOA) to allow the new construction of a single-family home at 5965 NE 6Th Avenue. Miami, FL (Resolution Number HEPB-R-19-018) for the reasons stated in the Appeal Letter, which are: 1. The plans show a minimum 20 foot front setback while every other house on the block front has at least a 30 foot front setback. 2. Fences are not allowed across the front facade of our houses, but these plans show a fence across the front of the proposed house. Name Address Signature /(A= 5ift5?Th it k4Ai 6 r-c-skkkq--vi1,A- C9 a- AL S b URti,4,,, J(M 54IU Pi 6 pi s KA* sivii( ii in( Mc: Aiyi)(4 ,_ Ly/Ii i N'E,',L,4 3-31A,sei D i c HAL-2--e-),V 'A . 1/ it/e- 6 A(J ` / • Cie" 6„ l�t37fIJis1 r1l rfV /VC 4* _c-trAUNI --.;: 5012_91,1e , ;TEA -Ai J € 7 r s, y6 r32s<<e y,, , wd2 ,--,,,i3v,,,,,L 6$9v, t, „co, At, t-ANIAN4 -3s,0 (2* ci Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk -- - Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk V ONE STORY HOUSE ONE STORY PORTION OF HOUSE TWO STORY TOP PORTION OF HOUSE AND BOTTOM GARAGE PORCH TWO STORY PORTION OF HOUSE ONE STORY PORTION OF HOUSE NE 6th Avenue ONE STORY PORTION OF HOUSE TWO STORY PORTION OF HOUSE PORCH Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk 0%?Ito. N. la WilirYA1 I.ThlIf nwurrtua11w Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk LANDSCAPING (MORNINGSIDE) Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Ground cover plant materials may be used to line the walkway in front of a home, but must not exceed three feet (3'). Any landscaping materials in the front yard that create a visual screen must conform to these guidelines. Property owners are reminded that invasive species are not allowed to be planted within Miami -Dade County. For a list of invasive, illegal plants, please visit: http://www.miamidade.gov/Berm/prohibitedplant_species.asp TREE PLANTING AND TREE REMOVAL: Tree removal is govemed by Chapter 17 of the Miami City Code entitled "Environmental Preservation" and is enforced by Historic Preservation. Tree removal is an activity that must be mitigated. All persons wishing to remove a tree from their property need to obtain a Tree removal Permit. • Obtaining a Permit. Tree removal Permits may be obtained from all of the City of Miami Neighborhood Enhancement Team (NET) offices. The Historic Preservation Division will be forwarded all Tree removal Permits in Momingside for,review. • Posting the Permit. Within twenty-four (24) hours of obtaining a Tree Removal Permit, a weatherproof copy shall be posted on the premises of the property in full view and must be displayed until work is completed. FRONT YARD: Freestanding structures such as (but not limited to) statuary, tires or tire swings, gazebos, fountains, and freestanding mailboxes, are not permitted when visible from the public right-of-way without HEPB approval. Landscaping cannot be used to block such structures, nor is landscaping on the front lawn considered when determining what is public right-of-way. WALKWAYS, DRIVEWAYS, AND CARPORTS: Whenever possible, driveways and walkways should match the originals in materials and dimensions. 76 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk • Chain Zink. Chain link fence is not allowed on property lines which face a street, or project in front of a home's facade. Chain link vinyl coated dark color is allowed on side property lines and rear if minimally visible from public right-of-way. • Other enclosures. Other types of enclosures that are not specified are not permitted without HEPB approval. • Location of enclosure & specific height regulations for enclosures Front of home / on property line. Generally, enclosures may not be located in front of a main facade. An enclosure that extends from the side of the home (parallel to the street) must be set back one foot (1') from the facade and must not exec six feet (6'). If the enclosure extends ten feet (10') from the facade along the side of the home, it may be a maximum of ei feet (8') in height. • Grandfathered conditions: Walls, chain Zink fences, or other landscaping features which were already in place during the time of Morningside's designation (1984) are also considered "grandfathered" conditions and do no have to be removed. If these features are removed, any new enclosure must conform to the guidelines. Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk modern facade, further allowing the new construction to be an unobtrusive addition to the architectural rhythm of the street. I The proposed new construction has a flat roof. The one-story building segments will contain a green roof. The green roof is a grass covered roof that is intended to visually lower the impact of the new construction on the neighborhood as well as reduce the temperature of the structure. The roof plan of the two-story building segment to the North depicts solar panels. The incorporation of a stem wall foundation, elevated walkways, and segmented building spaces are designed to protect the critical root zones of existing trees on site. The Applicant intends to keep most of the trees on site, with few relocations and removals. Environmental Resources Staff at the City of Miami has reviewed the plans and have provided comments (Attachment "A"). Environmental Resources Staff has. expressed concern for the critical root zone of nearby trees they have made the following recommendation and/or comments: 1. Foundation plan will be necessary to view any impacts to critical root zones 2. Certified Arborist should be on -site to monitor construction activity 3. Tree protection plan is required for the protection of all trees on site. Tree protection should be depicted and to scale around existing trees both on -site and in the right- of-way. Dimensions should be determined by a Certified Arborist (when applicable) to ANSI A300 Part 5: "Managing Trees During Construction" standards. Detail/fencing material should be in accordance to the Miami -Dade County Landscape Manual section "Landscape Details - Tree Protection and Support" and superimposed on the plan set for final approval (Sec. 17-7; City of Miami). Tree Protection depiction on site should be depicted in accordance with Miami -Dade County's Landscape Manual. I.e. square/angular vs circular. Ensure that existing hardscape is considered, and protection fencing is depicted in a reasonable manner. Tree protection should be on -site prior to construction and not removed until construction has completed. 4. Staff recommends no ground disturbing activity, including landscape improvements, irrigation, grade changes, columns, walls, or anything with a footer within the tree protection zone of tree #19. Plans depict the installation of new walls along the rear and side property lines. The front elevation depicts a new 6' tall metal vertical picket fence set back from the front property line by 5ft. Though noconforming to the Morningside Design Guidelines regarding fences, Staff does not object ton -a metal picket fence in the front yard A metal picket will aTfow visibility from the street in to the property. A masonry wall would create too much of a visual distraction from the street. Zoning Staff at the City of Miami has reviewed the plans and have identified an issue with regards to compliance of Article 5, Section 5.3.4(c) of Miami21 Zoning Code: "Covered parking and garages and at least fifty percent (50%) of required parking shall be located within the Second and Third layers as shown in Article 4, Table 8; in T3-R and T3-L a maximum thirty percent of the width of the Facade may be covered parking." Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk To come into compliance with the facade covered parking requirements the Applicant should add a semi -permeable screen wall facing the street along the front covered walkway. Plans depict a narrow pool to the rear of the property and not visible from the right-of-way. Findings: Consistent G. NEIGHBORHOOD SERVICES: Code Compliance No Objection Building Required NET No Objection Environmental Resources Approval with conditions pursuant to Attachment "A" Art in Public Places No Objection Zoning No Objection H. CONCLUSION: The application has 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 complies with all applicable criteria and finds that the request for a Special Certificate of Appropriateness for alterations does not adversely affect the historic, architectural, or aesthetic character of the subject structure or the aesthetic interest or value of the historic district subject to the following conditions as stipulated in subjection "I" entitled "Recommendation" as listed below. 1. 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 Approval with Conditions of the Special Certificate of Appropriateness. 1. The site shall be developed pursuant to the plans as prepared by Brillhart Architecture, consisting of eighty-six (86) sheets submitted under PZ-19-2005. The plans are deemed as being incorporated by reference herein. 2. All glass shall be clear with the option of Low-E. 3. The Applicant shall comply with all applicable requirements of the_Miami 21 Code, Chapter 17 and Chapter 23 of the City of Miami Code of Ordinances, as amended. 4. The Applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 5. This Resolution shall be included in the master permit set. 6. The Applicant shall add a semi -permeable screen wall facing the street along the front covered walkway. 7. The Applicant shall comply with the conditions, as stipulated in the memo from Environmental Resources, attached hereto as Attachment "A" entitled, Inter -Office Memorandum. Warren Adams Preservation Officer Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Attachment "A" CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk TO: Wendy Sczechowicz DATE: 3/12/19 FILE: PZ-1 9-2005 Historic Preservation Planner FROM: Kyle Brudzinski vironmental sources Specialist 77 SUBJECT: New Construction REFERENCES: 5965 NE 6 Ave ENCLOSURES: Environmental Resources has reviewed the proposed new construction at 5965 NE 6 Avenue. In response to this review, the following are Staffs recommendation(s) and/or comments: 1. Foundation plan will be necessary to view any impacts to critical root zones 2. Certified Arborist should be on -site to monitor construction activity 3. Tree protection plan is required for the protection of all trees on site. Tree protection should be depicted and to scale around existing trees both on -site and in the right-of-way. Dimensions should be determined by a Certified Arborist (when applicable) to ANSI A300 Part 5: "Managing Trees During Construction" standards. Detail/fencing material should be in accordance to the Miami -Dade County Landscape Manual section "Landscape Details - Tree Protection and Support" and superimposed on the plan set for final approval (Sec. 17-7; City of Miami). Tree Protection depiction on site should be depicted in accordance with Miami -Dade County's Landscape Manual. I.e. square/angular vs circular. Ensure that existing hardscape is considered, and protection fencing is depicted in a reasonable manner. Tree protection should be on -site prior to construction and not removed until construction has completed. 4. Staff recommends no ground disturbing activity, including landscape improvements, irrigation, grade changes, columns, walls, or anything with a footer within the tree protection zone of tree #19. City of Miami Planning Department Historic Preservation Office Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk ANALYSIS FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS APPLICANT: Andrew Aquart FILE ID: PZ-19-2005 PROJECT ADDRESS:5965 NE 6 Ave ZIP: 33137 NET OFFICE: Upper Eastside HEARING DATE: 4/2/2019 COMMISSION DISTRICT: District 2 (Ken Russell) STATUS: Contributing tpl — OD 1 S Ji(NC1 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 new construction of a 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 third parcel located on the Southeast quadrant of NE 60th Street, NE 6th Avenue, and Biscayne Boulevard. (Complete legal description is on file with Hearing Boards) Folio: 0132180340080 Lot Size: Approximately 15,321 sq. ft. B. BACKGROUND: On January 22nd, 1924, the Clerk of the Circuit Court, filed the Bayshore Subdivision, Revised, in Section 18, Township 53, Range 42 in the City of Miami establishing lot 8 and 9 of Block 6 also known as 5965 Northeast 6th Avenue. C. COMPREHENSIVE PLAN: The subject property is a vacant lot 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. E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T3-R Sub -Urban Transect Zone Restricted (Momingside Historic District) Surrounding Properties NORTH: T3-R; Single Family Transect Zone (Momingside Historic District) SOUTH: T3-R; Single Family Transect Zone (Momingside Historic District) EAST: T3-R; Single Family Transect Zone (Momingside Historic District) EST: T4-0: eneral Urban Transect Zone (MiMo/BiBo Historic District) F. ANALYSIS: Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk 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 Single Family Residential Maximum of 9 D.U. per acre Medium Density, Restricted Commerci Maximum of 36 D.U. per acre 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 vacant parcel is located at NE 6th Avenue in the Morningside Historic District. The applicant is requesting the construction of a new single-family residence. The applicant has submitted plans for a two-story single-family residence of modem/contemporary design. The lot is currently a heavily wooded vacant lot. The proposed residence will face the Southwest with one and two-story building segments connected by elevated walkways and hallways. The front of the structure will contain a two- story garage connected to a single -story living space connected by a hallway to a two-story living space in the rear. Another hallway connects this space to a further living space that runs parallel to the front property 1Jipg. The position of the structure creates a courtyard/garden in the center of the lot The separation of the construction spaces is meant to reduce the impact of the new construction on the neighborhood's character and emphasize the green space. All spaces overlook the central green space through fixed glass windows. The front building segment at the southemmost comer of the property and the rear building segment to the north have glass facades that lead to porches with tropical wood shutters. The inclusion of porches throughout the property pays homage to the front porches found on Miami's historic properties. Inclusion of wood shutters along the walkways and porches camouflages the l perrit`y 5tdo#hal Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk l'...Ettr of _11E IIILL BUILDING DEPARTMENT Balance Due MICROFILM RECORDS REQUEST Rev. Ca-07-2017 Please ant:cipa_e220 working days, except as noted below. Cate: 5/2 2// / Name: Robe k C;I/CAL Your Address: 2 0 N At Ui. Cityist3`'e/rp: , F T2f: 7 F‘--- Address: 5 6S >/ 1/• - 1=� �j A✓ e PROPERTY TO BE SEARCHED: PLE 5 PICK LIP Carr Between the hours of 2:C0 pm - 3:CC pm Plans must be picked up within 30 days of completion cr they will be destroyed, and a new request p[L.s addl. fees will apply. Folio 1: 01-37/g 0'rq 00-ga_ Year Built: Type o; 3idg: ❑ Residence ❑ Commercial (CCM) ❑ Bark, Scheel, or Assisted Living Facility (Requires a Notarized Leger). TO LET US KNOW WHAT YOU ARE REQUESTING, PLEASE CHECK THE APPROPRIATE BOX(ES) BELOW: Additional reproduction and certification fees will apply, and are payable at the time of completion. ❑ Complete Permit History ......... ............ _....... ......_..... ....................... ......_...... $44.00 search fee* Inclu''_es: Ta:C card, a!! Fhy;ica! permits (3, E, P, and NIA) & Original Plans (Site, Floor Plan and Elevations OrlyY 0;oen Permits (;Build 3•'12'1312 to present, & 1393 to 2013 (52.00/per page) INDIVIDUAL SEARCHES: ❑ Tax Card only: ❑ Open Permits List only: 7WORK:NG CAY5 ❑ Building Permits orly: PLANS NOT INCLUDED E Electrical Permits only: PLANS NOT INCLUDED ❑ Plumbing Permits only: PLANS NOT INCLUDED E Mechanical Permits only: PLANS NOT INCLUOED ❑ CO, TCO, CC, TCC only ❑ Permits. iss. ed report 3 /1i/2012 - present only ❑ Permit inspection history (perr-'it number needed) ❑ CD: This is a non -certified cop/py. 0 Plans cnly: Permit # I ifn;1 /-J'h, �pr m f $ 1050 $ 44.00 search fee* $ 10.00 search fee' $ IO.CO search fee` $ 13.00 search fee" S 10.00 search fee" 510.00 each $ 15.00 per month $ 2.00 per page $ 4.3_CC each $ 10.00 search fee" Provid: a detaled desc ip:ion of the type oFplar.s needed. For example: Site plan,, Floor plan and/ or Elevetior.s. and/or Elevations. Pate numbers or Page type. Fcr e.<ampiz: AI, E2, Electrical, Mechanical, Plumbing, Building. Void sheets will only be. provided if requested. Include void sheets? YES NO FEE SCHEDULE: ......................... $ 7.50 1s: plan page,. plus $5.00 For each additicnai plan page.. $ 2.00 per page for open permits list. $ C.15 per page copied: NOTE: FORRECORDS TO BE CONSIDERED OFFICIAL DOCUMENTS FROM THE CITY OF MIAMI, THEY MUST BE CERTIFIED. CERTIFICATION FEE.._. _......._ $1.00 additional per page. Requested certified? Yes Signature: ki. 70//4r By signing this form you agree to arges as fisted above. `Note: $44.00 and $1.0.00 search fees are non-refundable. No ❑ fifty of jliami Date: 6/20/2019 Name: ROBERT NOAL 204 NW 11 AV MIAMI, FL 33128 Add: 5965 NE 6 AV Folio #: 01-3218-034-0080 Dear: ROBERT NOVAL As per your request, please find the following checked items: Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Copies of the original: ❑ Tax Card (Real Property Record) ❑ Plans: (€Full set original) (€Site, Floor, Elevations) (€Survey) or (€OTHER) ❑ Permit form and applications. ❑ Certificate of Occupancy: Yes (if applicable) No ❑ Open Building permits: Yes (see attached) No Status Legend ❑ Permitted Inspection History (If applicable) ❑ CD Note: Open Permits, computer generated. C Cancelled A Active/Open F Final S Suspended R Revoked ❖ Please be advised that Code Violation searches can now be obtained online. Go to and click on the link labeled "Code Violations and Lien Searches, or, log on to http://portal.miamigov.com/landmanagement/misctransaction/liensearch Other: Under the address provided there were no records fund of any others Building Permit. Customer already has P# 15003206 fence-wood/metal. If we could be of further assistance, please feel free to contact us at (305) 416-1140 Sincerely, Microfilm Clerk BUILDING DEPARTMENT / P.O. Box 330708 / Miami, FL 33233-0708 / (305) 416-1140 Remit No. 01-5003206 4 City of Miami # NEWFILE BUILDING AND ZONING PERMIT FORM -- Permit Type: BUILDING 1:4"3"9!? Nwne EILINe t. MI CHEA Folio No: 0 3,1-0 Of:30./0000 Date: 02/3.4/2001 ommloor BETHLEEM CONST & REMODELING INC PIN:. 7084 Plan No: _ 01-00022 5 5 Qualifier's Name: ...108011 B Cenification/Registration No: CBC056026 Teleomur (305)7'31-7212 (Nrof NE 6 Gf MIAMI FL Contractor's Address: 9920 NW 7 AVE MIAMI , FL 331500000 Phone No: 305-308-6815 Legal Dmcdp1Wm BAYSHORE REV PL PB 9-60 LOT 8 & LOT 9 BLK 6 LOT SIZE 100.000 X 154 OR 19282-2661 0? 2000 .1 Engineer Architect Jobfldrris A V Unit/location: Prop Building Type: Prop. Group Occupancy: Prop. Building Ht Primary Zone: SD9 Fire Zone: ZSA Job Description: FENCE-WOOD/METAL Plan Type APPROVED BY HL HIST SEE PW EM2 ZONE GAC DATE CONDITIONS OF APPROVAL 6' FENCE ON SIDE PROPERTY LINE SET BACK 38' FROM SIDEW NOT AN SD-9. Threshold Inspector. Job Name: Certificates Required: cx1 Occ- EsUmWW Cost MASTER PERMIT NO. FEE DESCRIPTION UNIT TYPE UNITS FEE APPLICATION FEE ADDITIONAL FEE FENCES CONTRACTOR'S ANNUAL FEE ADMINISTRATIVE FEE SOLID WASTE SURCHARGE DADE CO. CODES COMPLIANCE FEES P/W. PLANS REVIEW FEES ZONING REVIEW FEE -ORD.11077 Clersiel Caudillo= 1. Permit expires If construction is not begun within 18D dam or as is consistent with South Florida Building Code. Ana Cab 2. Cab each division (avant!. electric:N. mechanical. Plumbing. and zoning) for inspections. Building Dept. CAPE, 3. Approved plans and notice commencement must be on lob with Permit Mead Wont inspections wIIha 4. Reinspection lees win be charged if work is not approved or not ready when called for, or if approved plans ere not on job site at time of inspections. 5. Obtain Certificate of Occupancy korn depart when requiredbefore using completed budding. PLEASE NOTE Failure to comply with mechanics lien law can result in the property owner paying twice for building improvements. lezns 413 Rev. 11/92 Olekibullen: Original - Department Section File Gamey - Applicant's Copy. DO L L ()F.! 3 rEET DOLLARS DOLLARS 1.0000 :1. 1 1.0000 1.0000 1,100.0000 1,100.0000 1.0000 1.0000 35.00 18.00 42.00 25.00 3.00 25.00 .L_20 10.00 50.00 TOTAL FEES CHK NO .. 1487 CREDIT CARD CASH TOTAL PAID TOTAL DUE THIS IS A TRUeAWD COPY OF THE RECC THE CITY OF MIAMI 209.20 209.20 0. OK: 0.00 209 20 L)11) >- •L) 0 r4 11) r4 f•-• 0 ERTIFIED DS ON FILE IN tal of Miu...)ti:nt =ion,, a .. City of Miami BUILDING DEPARTMENT PERMIT APPLICATION DEPARTMENT USE ONLY Application Number. D(pa022s-S Total Due: 4 2 o zo e Folio No: + Q/ 32.1g1 3 ©D$® _ Application Status: Q Actual Application ❑ Dry Run Job Add : Alit 6_4 Unn&ocatlon: Permit Ncr Ol l Lessee �-1),Ret. jr Lon . w aj Comm: ❑ Res: ❑ Owners Name: - michaeC J Co n kr� Building Permit❑ Sub/Permit ❑ Owner's Malting Address: r 78 iu tcZ— //'»k r--( 5/ 57 Owners Telephone: 2,5" 7.1i _ >..a Contractors contractor's Telephone: Contractors Registration Num r. v ri m �oS!wci3o) 3o -6 1r_ C g L 0Se 0�� Contractor's N A " 34 Aire_ 1..).��rarr) 1 T i 3 3 /S® Qualifiers Nam O $ h Id J AC,e Social Security No:: Architect Architect's Telephone: Engineer. Engineers Telephone: Threshold Inspector. Threshold Inspector Telephone: Bonding Company: Address: Permit Type: )(Building ❑ Landscape U MechanicaVAC ❑ Mechanical/Boiler ❑ Electrical ❑ Mechanical/Elevator ❑ MechanlcaVGas ❑ Plumbing ❑ Sign For Building Permits check appropriate type: l] New Constriction ❑ Addition O Demolition ❑ Remodeling ❑ Repair ❑ Conversion ❑ Roofing ❑ Foundation 'terr�6Byy��ntt G e Proposed Use of Building: Gallons: Fstima`ted Cost �i I Height (Propos 1(Eir:�,, Total Feet I 1 I Lineal ° Square Units: Floors: Jo�esc n. W AoC� F.n Ce. Check all applicable boxes: O Change of Contractor (CR) ❑ Recertification of Plans (RC) ❑ Plane Revision (RV) (Plan Type) O Completion Permit (CP) 0 Change of Qualifier (CO) If this permit is related to another permtt. You must provide the following: Master Permit No: Plans No• 1 understand that separate permits must be obtained for other Items, unless specifically covered by thls permit. In signing this application, I am responsible for the supervision and completion of the construction In accordance with the plans and specifications and for compliance with all feder- al, state, and oounty laws applicable I certify that : ❑ there are no trees to be removed or relocated on this site as a result of the construction for which this application is submitted. or 0 that a tree removal permit application has been approved. I have read the Info . ;pill 'ned In this permit and understand that any falsification constitutes fraud and could void the permit. rta Joseloh 6.p&L Signature of Quallfier1. Owner Builder Prkd Nerve Proof of Ownership: Date Accepted: Clerk Accepted: ....___-F.f. Signed JEAns. .., • .. i �t w, ■u :, r: ' di `- , u4 der of Fe- Year,s15,6)/ / f w =:+ . ti &Med Thu Notary Put& t imp i My.q. i I Cohnnaawn CAFP 1 ari 7-1 FOR BUILDING DEPARTMENT USE ONLY Legal Address: it Dupl: I Traddng Required: A1)) vie �N �% c'. '% '`T r r i Current Use: rTh 1—`-- (. �' J —job Code: - / 4 Census Code: Certificates Regti red: C.O. o C.IJ. ❑ C.C. Plans: p Q ,Ryn Yes 0 No + No of Sheets: —a__O As bulk survey with elevation and setbacks is required after completion (V Lowest Finished Floor Elevation including basement) of lowest floor slab before any further Inspection. 0 Yes O No SFH CNH OTHERS Shell be At least Group Inches above crown of street DISTRICTS Bulkliing Height (Existing): Quadruple Fee: REQUIRED 0 Yea 0 No PROPOSED DUSTING 2 17 1 r/ ZI/41671 Application Received By Date Permit Authorized By Date D I BZJIS414 Res. 12/99 I Distribution: Original - Department Section Re; Hwy - Department Fee. a`, U 0 al E O N N w DO 0 0 C v CERTIFIED ON FILE IN \r Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Building Department REQUEST FOR PERMIT UNDER NEW CONSTRUCTION LIEN LAW / CONTRACTOR AFFIDAVIT of Owner: eD A/ 1.✓ Builder/ ntractor. Architect/Engineer. p Bonding Company: Lending Company: Address: Address: Address: Address: Address: LEGAL DESCRIPTION OF PROPERTY UPON WHICH WORK IS TO BE DONE Job/Property Address:,, /S / , f (o ,� (0 �$ 7 Lot(s): Block: r " ` S bdivissi n: � DETAILS OF CONTRACT Oral: Written: Nature of work to be.dune: STATE OF FLORIDA COUNTY OF MIAMI-DADE Bef re.me, an officer duly authorized to administer oaths before me this roil* , day of JJ 1�9 produced /0-7--14.4--zo�- 1<Nd Owner's Si nature:. , Notary Pub and take acknowledgements, personalty appeared owner of the above property who is sworn to and subscribed to , 202, and who is personally known to me or who has as identification. My commission expires: eft, Rood Leddn ** tdygamaisbaora>z ' „.0 a kusA li17,2004 STATE OF FLORIDA THIS IS ATRUE AND CERTIFIED COUNTY OF MIAMI-DADE COPY OF THE RECORDS ON FILE IN TNF CITY OF MIAMI Before me, an officer duly guthorized to administer oaths and take acknowledgements, personalty appeared ,T'SGryo17 g41-e. , Builder/Contractor for the above work, who after being duly swom under oath deposes and says that the facts contained above are true and correct ar*thytI'pvit is made for the puronse of inducing the City of Miami to issue a Building Permit covering the work set fortg*tJ4 yib�� r'-1- , day of 1 Contractor's Signature: 20� and who is personaliykrown to me orai4l.kt �"n as Identification. ; �Stpis ,-�A9 J o F-11/; AL E, •a gym:*= 4CC 863487 : e- My commissi jy � ; d ,74 111111 16 o``aa` ? Notary Public -State of Flori Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk ARTHUR J. MARCUS ARCHITECT P.A. 1800 NORTH ANDREWS AVENUE #7F * FORT LAUDERDALE FLORIDA 33311 arthur marcus444@att.net www arthurmarcus corn AA#26000962 June 17, 2019 to: Warren Adams, Historic Preservation Officer City of Miami 444 S.W. 2nd Avenue Miami, FL 33333 cc: Peter R. Wagoner & Michele Beauvais -Wagoner 5955 N.E. 6th Avenue Miami, FL 33140 re: Appeal of SCOA to allow new construction at 5965 N.E. 6th Avenue Miami, Florida 33137 Resolution # HEPB-R-19-018 T:305.467-6141 Submitted into the public record for item(s)1_ on 07/25/2019 City Clerk I write to you as a Registered Architect in the State of Florida, on behalf of Peter & Michele Wagoner in support of their Appeal of the Special Certificate of Appropriateness (SCOA) to not allow the new construction of a one and two story residential structure proposed to be constructed at 5965 NE 6th Avenue, on a parcel zoned T3-R "Sub -Urban Transect Zone", awarded by the City of Miami HEP Board on April 2, 2019 (the "Project") as is currently proposed. I have been an Architect in private practice in South Florida since 1992. Prior to being based in Fort Lauderdale I was based in Miami Beach for 24 years. My architectural practice specializes in Historic Preservation Consulting. FRONT SETBACK The front setback of the proposed Project currently allows for only a 20 foot front yard set -back per Miami 21 zoning. HOWEVER since this proposed project is located within the boundaries of the Morningside Historic District, the required setbacks should better reflect the higher standard of the Historic District in which the proposed project is to be located. As a minimum the front setback should not be less than the houses on either side. Morningside Historic District guidelines should prevail over Miami 21 zoning in this situation. Although the Guidelines are vague in elaborating exact front yard setbacks, the built environment shows that each house relies to the houses next door with similar setbacks. That is the built pattern of the neighborhood. Allowing any portion of this proposed new residence to retain the minimum 20'-0" setback of Miami 21 will adversely affect the historic, architectural and aesthetic character of the immediate neighborhood and set a destructive precedent for future projects within the Morningside Historic District. This proposed project will adversely affect the neighborhood and impose a hardship by not maintaining established historic district norms and regulations. This property is also a double lot. ARTHUR J. MARCUS ARCHITECT PA. 1800 NORTH ANDREWS AVENUE #7F ' FORT LAUDERDALE, FLORIDA 33311 . T:305 467-6141 arthur marcus444@att.net * www arthurmarcus com AA#26000962 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk While we appreciate the natural materials proposed for the residence, we would ask to look at this from all sides. We understand that it is likely that the courtyard elevations are receiving most of the attention, yet please remember that the elevations seen by your neighbors are also very important. How these outward elevations interact with the neighboring structures, or not; is very important. We would ask that the house not look like a walled fortress on the side lot lines from neighboring residences in deference to the intent of the proposed home to be non -intrusive in the neighborhood. The materials and sensitivity to the natural environment will hopefully make this proposed project a good neighbor. Thus we are confident that the Architect of this proposed project can adjust proportions of the massing of different blocks comprising the proposed residence, to bring the structure into better compliance with neighborhood Morningside Historic District setbacks, provide a friendlier elevation interface with neighboring residences while retaining the home's essential architectural character. FENCES The Momingside Historic District Guidelines state that: "Generally, enclosures may not be located in front of a main facade." The open-ness of the Morningside neighborhood is evident in the lack of any such tall fences separating neighbors. This open-ness is a defining characteristic of the neighborhood. This proposed 6'-0" tall fence at the front yard of this proposed project will adversely affect the neighborhood and impose a hardship by not maintaining established historic district norms and regulations. It would set a dangerous precedent for all future projects in the neighborhood. Fences should comply with the Morningside Historic District Guidelines which do not allow chain link fencing at the front of a residence. The guidelines state also that only vinyl coated chain link fencing in a dark color is permitted elsewhere around the residence. This property is also a double lot so the fencing will be much more visible. Thank you for your consideration of these issues. Yours truly, Arthur J. us Architect P.A. cc: Mayor Francis X. Suarez, Comm. Ken Russell, Comm. Wilfredo Gort, Comm. Joe Carolio, Comm. Manuel Reyes, Comm. Keon Hardemon 6/26/2019 Miami Mayor Suarez on Grove playhouse: Preservation is key I Miami Herald I I=M Mayor Francis Suarez's veto sides with preservationist for the Coconut Grove Playhouse, May 17, 2019. BY CHARLES TRAINOR JR. M Dear Residents: Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk With my first veto as the city of Miami Mayor and the reinstatement of the Historic and f historic Preservation Board's decision, we have sent an unequivocal message that preservation in our community is imperativ46 The county's plan to "renovate" the Coconut Grove Playhouse has ignited a passionate debate about historic preservation and the future of cultural art facilities in our community. ADVERTISING • RAMS TO GO HOT BUYS inRead invented by Teads Unfortunately, the county, in its proposal, has misled our residents and created a false narrative. To clarify the record in this polemical arena and for residents to make informed decisions, I am compelled to debunk these falsehoods. Falsehood #1: The county's plan is fully funded at $22 million and ready to proceed immediately. The reality is that the city of Miami, via the Miami Parking Authority ("MPA"), will shoulder the majority of the financial burden of the county's plan. Using conservative estimates regarding construction costs, the city of Miami will be responsible for almost an additional $3o million to the county's project, which will require the issuance of bonds to finance it. When reviewed in its entirety. the countv's plan is short about $21 million. This deficiency will By continuing to use this site, you give your consent to our use of cookies for analytics, personalati https://www.miamiherald.com/opinion/letters-to-the editor/artide231243433.html 2/11 6/26/2019 Miami Mayor Suarez on Grove playhouse: Preservation is key 1 Miami Herald IIUt pernnueu unuCr U1C CurrClll VerS1UI1 01 Ule !ease aIlu will IIeCCSSitale ail aIlleIluIIleIll lU IL approved by the Cabinet of the State of Florida. The county's proposal replaces a historic structure to a mostly commercial real estate space with an attached subservient theater. As opposed to the advertised $22 million program, the county's plan is more than $so million, with a substantial financial contribution from the city of Miami and its residents. Falsehood #2: The county's plan spends a substantial amount of funds in the preservation of the Coconut Grove Playhouse. The reality is that the county's plan spends zero in restoring the playhouse. The county's bait and switch is not in conformity with the funds raised by the county's zoos bond to restore the playhouse. But what the county's plan contemplates is using funds from the city of Miami to restore the Playhouse, which "restores" the facade and destroys the playhouse. Falsehood #3: The county's repeated statements that they are the only party financially supporting the playhouse theater. The reality is that the city of Miami, via the Miami Parking Authority, is the only party committed to an operational subsidy of the theater. Using conservative estimates, the city of Miami will likely contribute in the first year of operations close to $soo,000 and remains committed to an operational subsidy going forward. Unlike the advertised characterizations by the county, the city of Miami supports the theater from both a capital and operational perspective. Consistent with my veto message, I remain committed to further discussion about the future of the Coconut Grove Playhouse. But we must consider all proposals carefully and understand the real facts to arrive at the best proposal for our crown jewel. I look forward to opening night at the new and renovated Coconut Grove Playhouse. Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk Francis X. Suarez Mayor of Miami. By continuing to use this site, you give your consent to our use of cookies for analytics, persona ati httpsJ/www.miamiherald.com/opinionlletters-to-the-editor/artide231243433.html 3/11 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk 1 1.0 `4%r a. �1Y a�.y'}-"+:��"� .mil "7yy�,,�^,}i.,. t t . " .• A - 4' g)Q Submitted into the public record for item(s) P2.7 on 07/25/2019 , City Clerk 1 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk SETBACK TABLE HOUSE ADDRESS SETBACK (rounded to nearest foot) LOT LENGTH RATIO 1 5966 NE 6 (BELSOL) 20 80 X 82 av irregular .24 2 5944 NE 6 (ARMSTRONG) 38 70 X 115 .33 3 5965 NE 6 (PUCHADES) 30 80.200 X 150 .20 4 5916 NE 6 (NELSON) 35 199.450 X 130 .26 5 5911 NE 6 (LUBY/WEIBEL) 39 IRREGULAR .27 6 5929 NE 6 (LIEBERMAN) 31 60 X 138 .22 7 5929 NE 6 (MERRILL) 30 60 X 138 .22 8 5937 NE 6 (GIBB) 30 50 X 139 .22 9 5949 NE 6 (BLACK/STANNARD) 30 50 X 142 .21 10 5955 NE 6 (WAGONER) 36 50 X 145 .25 11 5965 NE 6 (PIM INVESTMENTS) 20 100 x 154 (av of two Tots) .13 12 5981 NE 6 (CONWAY/BAIRD) 36(at front door) 50 X 164 .22 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk ONE STORY HOUSE ONE STORY PORTION OF HOUSE TWO STORY TOP PORTION OF HOUSE AND BOTTOM GARAGE COVERED WALKWAY TWO STORY PORTION OF HOUSE ONE STORY PORTION OF HOUSE PORCH NE 6th Avenue ONE STORY PORTION OF HOUSE TWO STORY PORTION OF HOUSE TREE SURVEY ANALYSIS TREE SURVEY ITEMS Last Number 90 Tree included not on Owner's Property: 5 in swale, 8 on neighbor's property (2) Missing Item Numbers: 1, 2, 3, 4,12, 35 and 36 (7) Total Number of Trees accounted for in Tree Survey on Owner's Property: 81 OWNER'S TREES TO REMAIN IN SITU TOTAL: 35 Good Condition Fair Condition Poor Condition Native 6 Y 7 Y 9 Y 10 y 11 y 16 Y 17 18 Y 19 Y 27 y 28 Y 30 Y 32 33 39 41 Y 42 Y 44 45 46 47 Y 49 Y 57 58 59 y 51 61 62 63 66 67 Y 68 Y 74 75 76 Totals: 13 21 1 18 Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk -41 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk TREES TO BE RELOCATED: 16 [5 Good Condition; 11 Fair Condition] Item Number & Type Condition DBH/Height 24 - Pongam Good 13.5/30 26- Palm Fair 15.5/15 29- Areca Good 3"multi/12 38- Live Oak Fair 6/20 65- Areca Fair 4" multi/15 69- Alexander Palm Fair 3/15 77 — Coconut Palm Good 11/30 82 -Areca Fair 4"multi/15 83 -Areca Fair 4" multi/12 84-86 — Traveler Palms Fair 11,9,6/30 87 - Areca Fair 4" multi/15 88- Alexander Palm Good 3/20 89 — Alexander Palm Good 3/12 90- Areca Fair 4"multi/18 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk TREES TO BE REMOVED: 30 Item No & Type Native Condition DBH 13- Royal Palm Y Fair 6 14-Christmas Palm Fair 4 15- Coconut Palm Good 8 20-Queen Palm Poor 6 21- Queen Palm Fair 6 22- Pongon Fair 11 23- Queen Palm Poor 5 25- Queen Palm Poor 5 31- Banana Poor 3 34- Weeping Podocarpus Fair 7 37- Cocoplum Y Poor 3 40-Queen Palm Poor 6 43-Areca Fair 4"multi 48- Royal Palm Y Poor 6 50 Mango Poor 12 52- Norfolk Is Pine Fair 16 53- Queen Palm Fair 6 54- Hibiscus Fair 4 55- Royal Palm Y Fair 13 56- Mango Hazardous 20 60- Firebush y Fair 4 64- Orange Geiger y Poor 5 70- Live Oak Y Fair 5 71- Live Oak Y Fair 7 72- Live Oak Y Fair 5 73-Avocado Poor 21 78- Royal Palm Y Fair 5 79- Royal Poinciana Wind Thrown 10 80- Royal Palm Y Dead 15 81- Surinam Cherry Invasive 5 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk 0 1- J H 0 J BOUNDARY SURVEY N ¢o K O O V K K V W W y, 1 1 r a= am u = U j.[y8��yy��YIU` Tl Z�<� yO! V�. �' pS W ¢ ORt J Z F~ W '�a; Q i r.a i, Lt m.4 s 0,R y=j U W O V � Z <ZV Z�n y�j �y71�I7=� =$,< JSI VIm3 Z =<;~ yj�—. f F RJ 1 FEi<ti`W''60 ZOU t tra .'� W.O, 25Ei OZ.Og,SQV eaa maa�a �'J~IN »W ; a m m U U U V U O O L W W W '16W 4 1� ft 3 Z t o o m a a a m ,111 m t N N m O{ N z 7; 'X x ' ct iEU( f 0 114 Ch14 (le ,CC'Lti ,£6'6S 1. 0 0 F- 0 giA PPP PAk U R N V 11 Zi 2 q N ALTERNATIVE TREE DISPOSITION I Total Trees Impacted: 19 (Owner's Plan of the 19 - 8 slated to be removed and 4 relocated) Net Effect: 7 Trees Item # & Tree Type Native Condition DBH Disposition by Owner 25 — Queen Palm Poor 5.5 Remove 26 — Date Palm Fair 15 Relocate 27 — False Tamarind Y Good 13 Remain 28 —Orange Geiger Y F 4 Remain 38 — Live Oak y F 6 Relocate 40 — Queen Palm P 6 Remove 41- Live Oak Y F 13 Remain 42 — Live Oak Y F 11 Remain 64 —Orange Geiger y P 5 Remain 65 - Areca F 4" multi Relocate 66 - Coconut G 8 Remove 67 - Live Oak Y F 7 Remain 68 - Live Oak Y F 6 Remain 69 — Alexander Palm F 3 Relocate 70 — Live Oak Y F 5 Remove 73 - Avocado P 21 Remove 78 — Royal Palm Y F 5 Remove 79- Royal Poinciana Wind Thrown 10 Remove 80 -Royal Palm Y Dead Remove Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk LEGEND: BCR - BROWARD COUNTY RECORDS BM - BENCHMARK CB - CATCH BASIN Cn. - CENTERLINE CLF - CHAIN LINK FENCE CBS - CONCRETE BLOCK STRUCTURE CONC - CONCRETE DE - DRAINAGE EASEMENT 0 - CENTRAL ANGLE C - CHORD R - RADIUS A - ARC E - EAST ELEV - ELEVATION EOP - EDGE OF PAVEMENT EOW - EDGE OF WATER FF - FINISH FLOOR FH - FIRE HYDRANT FN - FOUND NAIL INV - INVERT FIP - FOUND IRON PIPE FIR - FOUND IRON ROD FIND - FOUND NAIL AND DISC MDCR - MIAMI DADE COUNTY RECORDS N - NORTH MF - METAL FENCE ORB - OFFICIAL RECORD BOOK 0/S - OFFSET PB - PLAT 13001C PBCR - PAW BEACH RECORDS PG - PAGE P0B - POINT OF BEGINNING POC - POINT OF COMMENCMENT PVCF - PLASTIC FENCE R/W - RIGHT OF WAY S - SOUTH SWY - SIDEWALK SIR - SET IRON R00 SIP - SEWT IRON PIPE SND - SET NAIL & DISC UE - UTILITY EASEMENT UP - UTIUTY POLE W - WEST W/F - WOOD FENCE W/1/ - WATER METER - PAVERS TILE - CONCRETE -U- - OVERHEAD LINE i LOT 14 NQ 100.0' 76 0.2' j110 1/2" IF r NO A / K 75 4 LOT 40 Ln 5U LEGAL DESCRIPTION - LOTS 8 & 9 IN BLOCK 6 OF BAYSHORE REVISED PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, AT PAGE 80 CF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 52 49 48 46 4 45 39 47 44 43 4' CLF 57 56 55 5859 60 61 63 62 18 16 17 7271 38 54 14 15 6 7 37 34 771 19 LOT 15 81 � 82 1 23 29 20 21 02 j50' 33" (C) R -1 2214.18'(C) 13 L -4 100.74' C1DB/9I11ER 22 6' AF FM 1/2" WP NO 0 l4/ 30 31 4' CLF 32 33 0.3 10_IL. Ni N ID e Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk px3o 4141 n/A.,oeA BOUNDARY SURVEY LOT 7 50.0' TOTAL R/W NE 6 AVENUg---------------------- ----- 30.0' PAVEMENT SKETCH OF SURVEY Scale; 1" ,e 20' I) FONTS I. 2, 3. 4, 12. 35 MD 35 ARE SURVEYS PONT% THE REST ARE TREE PINTS. GENERAL NOTES: I) BASS or 564850: AS MR RAT 2) ELEVATIONS 91084 HEREON AM RELATIK TO NATIONAL GEODETIC VERTICAL DATUM(N6V0.) 3) LOCAIIOH ANO DOIIIFIOADDII OF URITIES ON AND/CR ADJACENT TO THE PROPERTY SERE NOT SECURE AS SUCH INFORMATION WAS NOT orours E0. 4) NOT VAL10 MTHOUT iNE 90NATURE AND THE ODMIA. RASED SEAL Of A IUM CIA UCENSED SURVEYOR AND MAPPER. 5) MS SURVEY IS NOT INTENDED FOR C01418140110N PURPOSES 4) %CLAMP AND/OR F.r" *' N45NTS CERTIFICATION OF BOUNORY SURVEY: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE LNDER MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF: THIS SURVEY MEETS THE WW1/ TECHNICAL STANDAROS AS SET FORTH BY THE RD OF PROFESSIONAL LAND SURVEYORS N CHAPTER 81 7- F A ADMINISTRATIVE CODE PURSUANT TO SEp81l 47.02 (1RROA STATUTES. JULIO S.CIITA, P.L.S. PROFESSIONAL LAND SURVEYOR LICENSE NO PSI/ 5789 STATE OF FLORIDA MICR I hh 120650 0 rNR MOW m moms A. 0AIL Q FM MD 4 BASE noon aEVA1Ia 0308 L 09/11/09 X N/A GAVY dE ASSOCIATES, INC. LAND SURVEYORS LB / ee71 1405 SOROLLA AVENUE CORAL OA5LES. FL 33134 Phone; (788) 2315 8344 CHECKED BY USP COUNTYI MIAMI—DADE CERTIFIED TO: POI TEN, LLC, A FLORIDA LLC NORTH AMERICAN TITLE INSURANCE CO. CLOSING & ESCROW SERVICES. INC. 5965 NE P AVENUE, MIAMI, FL 33137 DATE: b/27/18 I I. UP-DATE:9/18/1E RE ` F: 18-07-05 �DYIG.GL11464 ALTERNATIVE TREE DISPOSITION 1I Total Trees Impacted: 25 (Owner's Plan of the 25 —13 slated to be removed and 5 relocated) Net Effect: 7 Trees Item # & Tree Type Native Condition DBH Disposition by Owner 22 — Pongam Fair 11 Remove 23 — Queen Palm Poor 5 Remove 24 — Pongam Good 13.5 Relocate 25 — Queen Palm Poor 5.5 Remove 26 — Date Palm Fair 15 Relocate 27 — False Tamarind Y Good 13 Remain 28 —Orange Geiger Y Fair 4 Remain 29 — Areca Good 3" multi Relocate 48 — Royal Palm Y Poor 6 Remove 49 — Gumbo Limbo y Good Fair Remain 50 —Mango Poor 12.5 Remove 52 — Norfolk Is Palm Fair 16 Remove 64 —Orange Geiger y Poor 5 Remain 65 - Areca Fair 4" multi Relocate 66 - Coconut Good 8 Remove 67 - Live Oak Y Fair 7 Remain 68 - Live Oak Y Fair 6 Remain 69 — Alexander Palm Fair 3 Relocate 70 — Live Oak Y Fair 5 Remove 71— Live Oak Y Fair 7 Remove 72 — Live Oak Y Fair 5 Remove 73 - Avocado Poor 21 Remove 75 - Lychee Good 6 Remain 79- Royal Poinciana Wind Thrown 10 Remove 80 -Royal Palm Y Dead Remove Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk EGEND: BCR - BROWARD COUNTY RECORDS BM - BENCHMARK CB - CATCH BASIN C/L - CENTERLINE CLF - CHAIN LINK FENCE CBS - CONCRETE BLOCK STRUCTURE CONC - CONCRETE DE - DRAINAGE EASEMENT D - CENTRAL ANGLE C - CHORD R - RADIUS A - ARC E - EAST ELEV - ELEVATION EOP - EDGE OF PAVEMENT EOW - EDGE OF WATER FF - FINISH FLOOR FH - FIRE HYDRANT FN - FOUND NAIL INV - INVERT FIP - FOUND IRON PIPE FIR - FOUND IRON ROD FND - FOUND NAIL AND DISC MDCR - MIAMI DADE COUNTY RECORDS N - NORTH MF - METAL FENCE ORB - OFFICIAL RECORD BOOK 0/5 - OFFSET PB - PLAT BOOK PBCR - PALM BEACH RECORDS PG - PAGE POB - POINT OF BEGINNING POC - POINT OF COMMENCLIENT PVCF - PLASTIC FENCE R/W - RIGHT OF WAY 5 - SOUTH SWY - SIDEWALK SIR - SET IRON ROD SIP - SEWT IRON PIPE SND - SET NAIL & DISC UE - UTILITY EASEMENT UP - UTIUTY POLE W - WEST W/F - W000 FENCE W/M - WATER METER - PAVERS TILE • - CONCRETE -U- - OVERHEAD LINE LOT 10 LOT 14 � flt FNp � I/2' IP I- 0.2' N0 LEGAL DESCRIPTION - LOTS 8 & 9 IN BLOCK 6 OF BAYSHORE REVISED PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, AT PAGE 60 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, 0, 0, LA 3 76 50 51 46 43 74 3fl 42 41 45 39 40 47 44 43 38 4' CLF 57 56 55 58 59 6 61 63 B2 18 16 17 54 2 37 100.0' 77 78 LOT 15 81 ZO :AVY VEGATATION 79 19 $06 2 • 22 21 34 02 50' 33" (C) 14 R — 2214.18'(C) 13L -H 100.74' 82 6' WF 83 8g4, 86 87 89 24 88 90 31 4' CLF 32 33 15 10_ u_ J w CURB/GUTTER 50.0' TOTAL R/W NE 6 30.0'PAVEMENT 30x5l 4 I 0 3 5c=150 yf icygaz LOT 7 Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk BOUNDARY SURVEY SKETCH OF SURVEY Scaf67 1" - 20' NDte, 1) PORTS 1, 2, 3, 4, 12, 35 AND 36 ARE SURVEYS POINTS, THE REST ARE TREE POINTS GENERAL NOTES: 1) BASS OF BEARING: A5 PER PLAT 2) ELEVA110N5 SHOWN HERON ARE RELATIVE TO NATIONAL 1E00E11C v[RTICAL OATW(N.OV.D.) 3) 1.0CAT105 AN0 IDENTWICATIQI OF uLLNTIES ON 420/OR AOJACCNT 10 THE PROPERTY WERE NOT SEc11RE AS SUCH INFORMATION WAs Not RE011ES1E0. 4) NOT vAUD WITHOUT THE SIGNATURE AND THE 0R19NAL RAISED SEAL of A FL0WA LICENSED SURVEYOR AND MAPPER. 5) THIS SURVEY 15 NOT INTENDED FOR C06S1RUCTI00 PURPOSES 6) wOLATION AND/CR EIICOACIWENTS CERTIFICATION OF BOUNDRY SURVEY: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPCN98LE CHARGE AND TD THE BEST OF MY KNOWLEDGE AND BELIEF; THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE RD OF PROFESSIONAL LAND SURVEYORS W CHAPTER 61 7- F RIDA ADMINISTRATIVE CODE PURSUANT TO SE 614 4/2.02 URIDA STATUTES. JULIO S.LRITA. P.L.S PROFESSIONAL LAND SURVEYOR LICENSE N0 PSM 5789 STATE OF FLORIDA GAVY & ASSOCIATES, INC. LAND SURVEYORS LB /I 6971 1405 SOROLLA AVENUE CORAL GABLES. FL 33134 Pnone: (766) 236 6344 CHECKED BY JSP COUNTY: MIAMI—DADE CGIRIIMTT ,1u11NR t PA110. Wawa 3' Arm A. DAZE G6 16W 1110E' 5 NBM ZONE 6. BASE 11000 DAVA110N 120630 0308 L 09/11/09 N/A CERTIFIED T0: PIM TEN, LLC, A FLORIDA LLC NORTH AMERICAN TITLE INSURANCE CO. CLOSING & ESCROW SERVICES, INC. 5965 NE 6 AVENUE, MIAMI, FL 33137 DATE. 8/27/18 uP-DA 1E: 9 / 18 /18 REF: 18-07-05 JI-{ owc. GL11464 Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk New Construction in an Historic District Sunday, June 23, 2019 Regarding New Construction in an historic district, here is the pertinent portion of the City Code, Chapter 23, section 23-6.2: (h) Guidelines for issuing certificates of appropriateness. (1) Alteration of existing structures, new construction. Generally, for applications relating to alterations or new construction as required in subsection (a) the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall historic site, historic district, or multiple property designation. Except where special standards and guidelines have been specified in the designation of a particular historic resource, historic district, or multiple property designation, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic resource, historic district, or multiple property designation, decisions relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." From Miami 21: 2.2.2 Conflicts Where the requirements of this Miami 21 Code vary with the applicable requirements of any law, statute, rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern. This Code does not abrogate or affect any Easements, covenants, deed restrictions, property owner association rules, or agreements between private parties. Where the regulations set out in this Code are more restrictive than such Easements, covenants, deed restrictions, homeowner association rules, or agreements between private parties, the restrictions of this Code shall govern. 2.2.4.1 In their interpretation and application, the provisions of this Miami 21 Code shall be the minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. Scc�E�(A�Y o��nrE��o� Sc?ts 7 Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. Th surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must b disturbed, mitigation measures shall be undertaken. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize th property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Submitted into the public record for item(s) PZ.7 . on 07/25/2019 , City Clerk