HomeMy WebLinkAboutAppeal LetterAPPEAL LETTER FOR COCONUT GROVE PLAYHOUSE
RESOLUTION HEPB R-17-023
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April 19, 2017
Dear Hearing Boards Department,
As per Miami City Code Section 23-6.2 (e), this is a Written Notice of Appeal of the Hioricu
and Environmental Preservation Board's (HEPB) approval on April 4, 2017, of a Certific of3
Appropriateness (COA) for the Coconut Grove Playhouse located at 3500 Main High;vay,z
Miami FL 33133. That COA was Item No. 03 on the HEPB agenda, file ID number/resolution
number is HEPB R-17-023. The reasons and grounds for the appeal are as follows:
1. The HEP Board was required to postpone consideration of the application until the
interior of the Playhouse was properly evaluated as whether is has historical significance. The
staff recommendation that the "Board does have authority to consider interior" was incorrect.
Rather than accepting staff s recommendation for approval of this COA and the impression that
the Board has no authority over the playhouse interior because of the designation report, the
HEPB had the responsibility to direct staff to amend the flawed and inadequate historic
designation report to include/consider the auditorium interior. The HEP Board was required to
delay/deny the current COA application until such time as a proper and complete COA
application package has been submitted and until the applicant has received comments on their
proposal from the State Historic Preservation Office as is required under Florida Statute 267 et
seq. and other applicable federal statutes.
2. The HEP Board decision should be overturned because the HEP Board did not have
sufficient supporting data to issue a COA because the Board relied on an incomplete application,
flawed technical advice, and a flawed and inadequate Historic Designation Report and Historic
Structures Report. Based on expert testimony at the April 4, 2017 hearing, both documents are
were shown to be flawed. The interior should have been included based upon the Chapter 23-4
(c)(2)(c). Investigation in January 2017 revealed that despite prior renovations and damage from
years of neglect a significant amount of the original historic fabric is still in place and is in very
restorable condition. The HEP Board decision also relied on insufficient, inadequate, or flawed
data concerning the conceptual master plan. Without sufficient data and drawings concerning
massing, materials, and scale, the HEPB was unable to adequately evaluate the proposal to
restore only the facades and to demolish the existing theater or how the theater connects and
relates to the new construction. The HEP Board decision also relied on incomplete, inadequate,
or flawed data concerning adverse impacts on the historic context, adjacent properties and
neighborhoods including historic Charles Avenue, and traffic and parking, and the use of the
bond funds for garage and retail.
3. The HEP Board was wrong when it approved a COA of the master plan without
reviewing the aesthetics or other compatibility of the project in comparison to the theater. Rather,
the HEP Board was required to consider the technical aesthetic components of what the overall
composition of the site would entail. Here, the HEP Board has approved locations, demolition of
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the main building, and construction of a parking garage, apartments, and retail stores without any
architectural documentation.
Furthermore, the HEP Board approval of the COA of the master plan was done absent any
review concerning the uses of new buildings which are included in the master plan. Rather the
HEP Board was required to consider the compatibility between the existing structures, the
surrounding neighborhood and existing businesses, and the new "appropriate buildings" that the
site would entail. Here, the HEP Board has approved locations of new vastly larger buildings,
demolition of the main building, and construction of a parking garage, apartments, and retail
stores without any architectural documentation or studies regarding traffic, or the impact on the
surrounding neighborhoods and businesses.
4. The approval by the HEP Board of the COA was contrary to City of Miami/Miami Dade
County code because it improperly allows the applicant to continue moving forward with the
"restoration" of the structure of the existing designated facades while being allowed to demolish
the existing theater while the applicant continues to finalize the final 90% of the details of the
additional buildings within the site.
This appeal is requested by the following aggrieved parties:
1. Barbara Lange is a resident of Miami -Dade County, and who lives in Coconut Grove at 3901
Braganza Ave. Miami FL 33133, spoke at the HEPB meeting on April 4, 2017. Ms. Lange is an
aggrieved party because she is a homeowner in the City of Miami in close proximity to the
Playhouse and she also spoke and presented evidence at the April 4, 2017 HEP Board hearing.
Ms. Lange is a member of several neighborhood associations concerned with historic
preservation and development issues in Coconut Grove and has long-standing involvement in
these issues. As a resident of Miami -Dade County, Ms. Lange will be affected by any
decision(s), including the April 4, 2017 resolution HEPB R-17-023, regarding the Playhouse due
to the fact that Miami -Dade County has funded a portion of the project ($15 million) with
monies from the 2004 Building Better Communities GOB and additional monies ($5 million)
from the 2005 Convention Development Tax Bond, both of which have been issued.
2. Katrina Morris is a resident of Miami -Dade County, and who lives in Coconut Grove at 1430
Lybyer Ave. Miami FL 33133, spoke at the HEPB meeting on April 4, 2017. Ms. Morris is an
aggrieved party because she is a homeowner in the City of Miami in close proximity to the
Playhouse and she also spoke and presented evidence at the April 4, 2017 HEP Board hearing.
As a resident of Miami -Dade County, Ms. Morris will be affected by any decisions regarding the
Playhouse due to the fact that Miami -Dade County has funded a portion of the project ($15
million) with monies from the 2004 Building Better Communities GOB and additional monies
($5 million) from the 2005 Convention Development Tax Bond, both of which have been issued.
LAW OFFICI+, ov Lowi,,i.i.,f. KuviN, LLC
17 E. FLAGLEMS'L surri-1223, lvhwi -Tr,b: 3o5.3i)8.6800
Accordingly, we respectfully appeal the decision, HEPB R-17-023, of the HEP Board and
request that the City Commission order the HEP Board to withdraw the CDA, or to award such
other and further relief as the Commission may deem just and proper.
Please initiate the appeal process.
Sincerely,
Lowell J. Kuvin, Esq.
Attorney for° Ms. Lange & Ms. Morrie
Lnw Urr•u;r; or Lowi;U,.1. KuVIN, LL(
17 C. FLAGLEIR Sr. 4urei: a-23, \-hAw 1-1,3,3131 -"I'r.i.: 3O5.35f ,6800
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Miami Historic and Environmental Preservation Board
Resolution: HEPB-q-1 T-0,23
File ICJ 1960 April 4, 2017 item HEPB.3
Mr. Todd Tragash offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION
HOARD APPROVING, WITH CONDITIONS (ATTACHED HERIN AS EXHIBIT "N) AN
APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR. THE MASTER
SITE PLAN TO INCLUDE THE PARTIAL DEMOLITION OF AN EXISTING STRUCTURE, THE
RECONSTRUCTION OF A THEATRE: AND THE NEW CONSTRUCTION OF A PARKING
GARAGE WITH RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED HISTORIC SITE
AND KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY
3500 MAIN HIGHWAY
Upon being seconded by Mr. Najeeb Campbell the motion passed as amended and was
adopted by a vote of 4-1:
Mr. Najeeb Campbell
Mr. David Freedman
Mr, Jonathan Gonzalez
Car. William E. Hopper, Jr.
Ms. Lynn B. Lewis
Mr. Hugh Ryan
Mr. Jordan Trachtenberg
Mr. Todd Tragash
Efren Nu ez
Interim P eserva€ion Officer
STATE OF FLORMA. i
COUNTY €7F MIAMI -DADS 1
Yes
Absent Unexcused
Yes
Yes
No
Absent Unexcused
Absent Unexcused
Yes
Execution Date,_„
Personally appeared heiore me, the undersigned authority. Efren Nurlez. FreseNation Officer of the City of Miami, Florida, and
ackrowiedger that she execuTed the foregoing Resolution.
fiwflRFF AND StJSSi.RiaED BEFORE ME THtS DAY OF�. 2017.
Print Notary Name &-,-te of Florida
Personally know_ 1/ or Produced I.E._._�.,.,.._ MyCommsaionExp€res:
Type and number of 1.0 oroduae l
Did take an oath. — 1z or Did not take an oath _
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Miami Historic and Environmental Preservation Burd
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i . The original Kichnel structure containing the South and Gast fagades shall be preserved.
2. The South and East facades shall be restored to the Kiehnci phase of architecture.
3. The storefronts on the ground floor shall be reopened.
4. Any additions to the original building shall be in keeping with the Secretary of interior's
Standards for New Additions to Mid-size buildings.
5. Glass shall be clear with an option of law -E Coating.
6. All windows and doors that are visible Flom the right of way (as determined by staff must match
t.re configuration as shown in the historic photo attached to the staff report as Exhibit l3.
7. Any ground disiuriring work associated with the master plan shalt be monitored by an
archaeologist and an archaeological report detailing the monitoring which shall be submitted to
the Historic Preservation Office.
8, This Certificate of Appropriateness is subject to approval by zoning, building; and all other
required city and county departments.
9. The restoration of the facades of the historic structure shale be restored in acaordalrce with the
pians as prepared by Architectonica entitled "Coconut Grave Playhouse" consisting of l6 pages
dated stamped received by the Preservation Office on March 6, 2016,
10. Staff recommends approval of the conceptual master plan as prepared by Architectonica entitled
"Coconut Grove Playhouse" consisting of 16 pages dated stamped received by the Office of
I listoric Preservation on March 5. 2016. The Final Master Plan shall be developed in accordance
with Section 5.7.2 entitled`Civic Institutional" of the Miami 2 t Code.
11. No demolition permit will he issued until the plan comes track to the IIEPB and is approved.
12. The, concept that is being approved in this plan is in concept only, the HUB has the purview to
require different configurations, heights, setback etc. for the development of each individual
building.
13. All the buildings will come collectively in one application to the HUB,