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0 R N � HEPB Resolution Miami, FL 33133
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Enactment Number: HEPB-R-18-063
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.
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Preservation 0°ffticer Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before me, the undersigned authority,(LJGN/l(Qri ACUM), Preservation Officer of the City of Miami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS (\O DAY OF MX) _, 2017
Personally know — or rroaucea w. 1C�•
Type and number of I.D. produced A` °' BEATRIZALVAREZ
Commission # OG 153775
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City of Miami Page 1 of 2 "1111"10& 0401
Did take an oath or Did not take an oath
City of Miami Page 2 of 2 File ID: 4809 (Revision:) Printed On: 11/1512018
EXHIBIT A
City of Miami
Planning Department S
ANALYSIS FOR A SPECIAL
CERTIFICATE OF APPROPRIATENESS
APPLICANT: Matthew Amster
PROJECT ADDRESS: 5605 N Bayshore Dr
NET OFFICE: Upper Eastside
COMMISSION DISTRICT: District 2 (Ken Russell)
STATUS: Contributing
A. GENERAL INFORMATION:
FILE ID: 4809
ZIP: 33137
HEARING DATE: 10/2/2018
TDRs: No
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 56th 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
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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)
EAST: N/A
WEST: T3 -R; Single Family Transect Zone
(Morningside Historic District)
F. ANALYSIS:
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
NIA
Single Family Residential
Maximum of 9 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 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.
CE20170038141696 — Failure to register a vacant structure.
1697 — Vacant, blighted, unsecured and/or abandoned structure
217.1 — 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);
(9) 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.
Amended 10/0312018 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
Bullding 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 10103(2018 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 fapade 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 fapade. 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' 3'/".
The application packet depicts the inspiration for the building as coming from nearby
streamline modern 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 fapade. 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
1/2",
The Bast elevation depicts a glass rear fapade 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
Building
NET
Environmental Resources
Art in Public Places
Zoning
H. CONCLUSION:
No Objection
Required
No Objection
Approval with conditions pursuant to Attachment "C"
No Objection
No Objection
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.
okaau
Warren Adams
Preservation Officer
W, Sczechowicz
9117/2018
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%. eased 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. Dfaz, Chief of Unsafe
To learn more about our Unsafe Structures process just click -> here
To learn more about the 40 -Year Recertification process, please click 4 here
'To reach the Building Department webpage, please click 4 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.
-44 Please consider the environment before printing e
From: Sczechowicz, Wendy
Sent: Tuesday, August 21., 2018 2:36 PM
To: Diaz, Rene <ReDlaz@miamigov,com>
Subject: 5605 N Bayshore Dr
structures
City of Miami Unsafe Section
TZ.0444
r_,
SW 2"d Avenue 4th Floor
Miami, Florida 33130
Telephone: 305-416-1107
Cell phone: 786-251-7181
rediaz@miamigov.com
To learn more about our Unsafe Structures process just click -> here
To learn more about the 40 -Year Recertification process, please click 4 here
'To reach the Building Department webpage, please click 4 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.
-44 Please consider the environment before printing e
From: Sczechowicz, Wendy
Sent: Tuesday, August 21., 2018 2:36 PM
To: Diaz, Rene <ReDlaz@miamigov,com>
Subject: 5605 N Bayshore Dr
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,
�rov Wendy Sczechowicz
°w Historic Preservation Planner
^� 1M01 Pion' Planning Department
Preservation Office
,et
Visit us at www.miamigov.com/plannuiQ.
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. Spalling of the concrete of any portion of the interior or exterior of the structure designated
historic.
Attachment "C"
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Wendy Sczechowicz
Historic Preservation Planner
FROM: Kyle Brudzinski
Environment I 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.