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Home My WebLink AboutSubmittal-Michele Beauvais-Wagoner Presentation PacketALBERTO M. MANRARA, ESQ. MIAMI OFFICE: (786) 837-6787 D.C. OFFICE: (202) 900-2818 _P G D WEST PALM OFFICE: (561) 461-0700 B U S I N E S S L A W E-MAIL: ALBERTo@EPGDLAW.COM Via E-mail Honorable Chairman and Commissioners City of Miami Commission 3500 Pan American Drive Miami, FL 33133 July 19, 2019 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. HEPB-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 COX') 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 3TH 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 1549 01 -5Lbrn1Ha-I-c1,e.1.e,f'��VXs-(,�1�-W�esar+,a�;a,PAckz-�- Submitted into the public record for item(s) PZ.7 5965 NE 611 Ave. on 07/25/2019 . City Clerk HEPB-R-19-018 File ID 5901 Appellants' Response on Issue of Standing 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 Leeal 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' pmpertyto 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 adiacent 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 Submitted into the public record for items) PZ.7 5965 NE Oh Ave. on 07/25/2019 City Clerk . HEPB-R-19-018 File ID 5901 Appellants' Response on Issue of Standing 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 Morningside 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 Morningside 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 We 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 fagade 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. Submitted into the public 5965 NE 6` Ave. record for items) PZ.7 HEPB-R-19-018 on 07/25/2019 City Clerk File ID 5901 Appellants' Response on Issue of Standing 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, Submitted into the public 5965 NE 61 Ave. record for item(s) PZ.7 HEPB-R-19-018 on 07/25/2019 . City Clerk . File ID 5901 Appellants' Response on Issue of Standing Alberto M. Manrara Senior Litigation Associate For the Firm 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 AFF1-DAVTI' TN SIJ PPORT OF THF N�AO1yERS' A GPI'I`:AV OI' RF.SOLL'T'101: NO. HEPB-R-I9-0I8 (FILE ID 5901) BEFORE ME, the undersigned notary public, personally appeared SHIRLEY PARDON and after being duly scorn. deposes and says as follows: I. 1 ant over eighteen years of agc and otherwise sui funs. 2. This affidavit is based on my personal knowledge and expertise in the field of residential real cstatc, particularly in South Florida and the historic Morninesidc community of the City of Miami. 3. I have been a licensed realtor over 16 y�cars during which time I worked on getting certifications and desi,�nations such as Graduate of Realtor Institute, Certificate of International Property, Luxury I loans Designation and must rtxently the designation in Senior Real I:s-tate I also took diplorttas in Shots Sales and Foreclosures. I have lived in Morningside for the past ?9 }ears and have sold properties in this area during my time as a Realtor. I am therefore extremely kno%%Ied,eable about this particular area 4. 1 am currently a rcaltor with Keller Williams Eagle Realty and work from their -Miami Shorts office, Therefore most of my work is local to this and immediate surrounding areas I have reviewed the Cin• of .Miami I IFPi3 Resolution No. HLPB-R-19-018 (the "Resolution-) and the corresponding Analysis for Special Certificate of Aphropriatcness 1"Special GOA") that was granted to the residence at 5965 XT Oh Ave. Miami, Fl. (the" Proposed Residence") 6. I have examined the immediately adjoirnme, residence on the southern boundary, JL"tcd Submitted into the public record for item(s) u.7 on _ 07/25_i20i9 City Clerk rr,cn•�1 at 5955 tit 6"' Ave., that is owned by Mr and Mrs. Wagoner (the `Wagoner Residence"). I have also examined the block on which they reside and the nearhv homes in the immediate vicinity of the neisthborhood. 7. After careful review of the pro". od dcvclopment plans and the subject homes, black. and immediately surrcxmding area, it is my professional and expert opinion that the proposed development contemplated by the Special COO will have a negative and detrimental impact on the property value of the Wagoner Residence. S. fir & Mrs Wa;oner's home sim on a quiet street in the Historic part of Morningside and is itself an i listens — Contributing Home in the designated arra. The house which has been proposed on the lot immediately next to theirs i% completely out of-placc 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 prop -mics. The plans that I saw for the building(s) as this is not just one house, but a series ol'structures joined only b} walkways, bears no resemblance to any homes on this street, nor am• other in the I listoric designated Morningside. The value of the Wagoncr's home would dcpnciate as one of the proposed strnscturt5 will be immediately abutting their fence and at two stories will be fully overlooking their yard and pool. As a Realtor, I know that the first thing buyers notice is the privacy or lack of, fox their back. yards. Further. the front of the structure will be situated several feet forward of their properri thus reducing curb appeal of the Wagoner"s property considerably. 9. Asa resident of Morningside. i can categorically state that the increasc in the value of the homes has grown greatly over the years. ?1 monstrosity such as this will clearly diminish any return on investment that the Wagoner's ha%c made in their time in the home. It Submitted into the public record for item(s) PZ.7 on 07/25/2019 City Clerk U would be a hard home to sell because of the privacy issue and the general ugliness of the proposed structures; if built, immediately noel to their home. 10. In conclusion I would like to say that unless we can rely on the I ICP Board kc ping to their guidelines laid down to protect and keep our few remaining historic areas of our city, then Morningside will be bco me no more than a housing community with owners being able to erect any structure that they desire to do. Not only that, there is orcourse the fear that this could beoomc an Airbnb residence which would then present even more of a problem living in such close proximity to this. FURTHER AFFIANT SAYLVri; NOT SHIRLEY PARDON Realtor Keller Williams Realty STA11i OF FLORIDA COUNTY OF MIAMI -RADE The foregoing instnunent was acknowledged before me this 19th day of July, 2019 by Shirley Pardon who is per�na howo to me or has produced — as � V^ identification and who did/did not take an oath. ►"; uETRaenns.CoM ckon � GG zz9+x � stia+EVOM W17.2022 sonaM Thr""-Cy'+4xy Flzdm. Noya"?ub c A., r " - V- 1. NOT RY PUBLIC My Commission expires. 471 1 '1 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-19-01$ 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 anuel Belsol Mariana Evora 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 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 Pringipal 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) Detail 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 01/092019 -- ANNUAL REPORT View mage in PDF format 08 02-2018 -- Florida Limited Liability View image in PDF format Detail by Entity Name Submitted into the public record for item(s)_PZ.7 on 07/25/2019 , City Clerk search. su nbiz.org/Inquiry/Corporation Search/SearchResu[tDetail?inq uirytype=E ntityName&directionType=1 nitial&searchNameOrder-PIM I NV ESTMEN ... 2/2 Submitted 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 far.ade. 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 INDEX TAB NUMBER Submitted into the public record for item(s) PZ.7 on 07/25/2019 City Clerk DESCRIPTION Neighbor Petition Context and Site Maps Fencing—Location and Materials 4 Fencing — Grandfathering 5 Set Backs 6 Expert Opinions 7 Pool Massing g Trees 9 Authority TO: THE CITY OF MIAMI COMMSSIONERS MAYOR FRANCES SUAREZ WARREN ADAMS, CITY OF MIAMI PRESERVATION OFFICER Submitted into the public record for item(s) rZ.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. ..Signature FEES-*, 511, rA0AW_1..4 M LM NP W,�-� dawr — -, PAZ. d WE oil elu . Ill._. — I 111� —Sol Name Address Signature b g Submitted into the public record for item(s) PZ.7 on _ 07/25/2019 City Clerk Submitted into the public TO: record for item(s) PZ.7 on 07/25/2019 City Clerk . THE CITY OF MIAMI COMMSSIONERS MAYOR FRANCES SUAREZ WARREN ADAMS, CITY OF MIAMI PRESERVATION OFFICER 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 6t' 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. MIOMI i ill 1 111 •� =' 03 �..... •• E km 50 fir, PAR K, W" M,. � f"A �71 W!, .wd�o1, Name ��Address/ Signature Submitted into the public record for item(s) PZ•7 on 07/25/2019 , City Clerk 1 I'C 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 61" 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. MA r� .�� . Signature 00, //V0/ � Ary .� ,r �� ►�0 � W-iNall will" -==! W�.a �Wa5": 10 MA r� 0 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 6"' 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. �..Signature HTIF , 4, 1 � �• �� lowmi-��-,N Iwr_ �Wwaw� �N NO, Rm • 1 • III //W .� 1 1 =a r1 . . • •OF TWO me - Submitted into the public record for item(s) PZ.7 on _ 07/25/2019 City Clerk ��J� 'tf� Submitted into the public pQ\ X I1 record for item(s) PZ.7 l\\ y on 07/25/2019. City Clerk Dili'.. =L 4 P,Ut L ag a + r moi!-.-- •' _ _ r 4 ktr r= 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 items) PZ.7 on 07/25/2019 0 City Clerk . I _ i � pn. ±Ifla Kla 4y7LtiYA{ W 31 Submitted into the public record for items) PZ -7 on 07/Z5/Z019 City Clerk w w w w s 7 w W 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 (31 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/derm/prohibited_plant_sppcies.asp TREE PLANTING AND TREE REMOVAL: Tree removal is governed 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 Morningside 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 link. Chain link fence is not allowed on property lines which face a street, or project in front of a home's Wade. 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 excc 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 link fences, or other landscaping features which were already in ptae 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 1 City Clerk modern fagade, further allowing the new construction to be an unobtrusive addition to the architectural rhythm of the street. 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 nnn-conforming to the Morningside Design Guidelines regarding fences, Staff does notobject to a metal lzic�et fence in the t ard. A metal picket wilt aTfow visibTity 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 Fagade 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 Building NET Environmental Resources Art in Public Places Zoning H. CONCLUSION: No Objection Required No Objection Approval with conditions pursuant to Attachment "A" No Objection No Objection 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. 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 TO: Wendy Sczechowicz Historic Preservation Planner FROM: Kyle Brudzinski vironmet ! sources Specialist Submitted into the public record for item(s) PZ.7 on 07/25/2019 City Clerk DATE: 3/12/19 FELE: PZ -19-2005 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. Le. 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. Submitted into the public record for item(s) PZJ City of Miami on 07/25/2019 .City Clerk Planning Department Historic Preservation Office 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 �0�—�t 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) 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 T4-O:Gener la Urban Transect Zone Medium Density, Restricted C (MiMo/BiBo Historic District) Maximum of 36 D.U. per acre 66! 26—c) l NQ 16 a 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 lbe. The position of the structure creates a courtyard/garden in the center of the IotLThe separation of the construction spaces is meant to reduce the impact of thBi 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 southernmost 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 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 ....- PAID $ . off` �� t mayRECEIPT # L,[ftl Cr1 ? :11(IIILL Balance Due $ BUILDING DEPARTMENT MICROFILM RECORDS REQUEST Rev. c1 -07-2o 17 Please ant:cipata 20 working days, except as noted below. // /� % �� L PL`.'SIPI2K UD'( --VR �y'�fEST OPV Gate: ' /22 N3m,-: n�2ki .IV -u � ""' (� BeLmeen the hours of 2:0C pm - 3:CC pm Your •Address: Plans rr.us,' be picked up wit5in 30 days of completion or they will be destroyed, and Ci:y�: t3`'e/ p: [ r T TRI: �O F: J /'S[`i/Y" a new request pfLs add'i. fe's will apply. t -r� It 4 PROPERTY TO BE SEARCHED: Address:—i - Alii Folio 1:01-32Ik aa Year Built: Ty, ^.e o; 3;d,: ❑ Residence ❑ Cornrr.ercial (CONT) ❑ Bank, 5cheol, or Assisted Living Facility (Requires a No.crized Letter). TO LET US KVO'4'1 Ir'/H.AT YOU ARE REQUESTENG, PLEASE CHECK THE APPROPRIATE 60Y(ES) BELO'01: Additional re=rcduricn and certification fe_s will apply, and are payaS!e a; the time of cornpleticn. ..................... _....... -...._.................................. ....... $44.00 search fee* Irr_!ujes: T3:c card, a!! Piysica! per-rits (3, E, P, and IMA) & Orig:n:3! Pia,rs (Site, Floor Plan and E!eva: cns Orlyl. O;cen Perr^i�s (1'5u7ld 3•'1?;'3312 to present, & BZ 1393 to 2013 ($2.00/per pay=-) INDIVIDUAL SEARCHES: ❑ Tax Card only: $ 1050 ❑ Open Permits List only: 7wORKING CAYS $ 44.00 search fee' ❑ Buildir,a Permits only: PLANS NOT INCLUDED $ I0.00 search fee' ❑ Electrical Fermits only: PLANS NOT INCLUDED $ 10.00 search fee` ❑ Plumbing ParimiG Orly: PLANS NOT INCLUCED $ 10.00 search fee' ❑ Nlachanicai P,-rmia only: PLANS NOT INCLUDED S 10.00 search fee" ❑ CO, TCO, CC, TCC only S 13.00 each ❑ Peri"i:S. issced report 3!15/2012 - pre -ser', only $ 15.CC per month ❑ Per, ,it.irs;eCtior, his'ory (perr.-it number needed) $ 2.00 per page ❑ CD: This is a non-certifiedcopy. $" 44 -CO each ❑ Plants only Permit if" 9J ;, ��i—�-_/' Pa I" i $ I0.00 search fee" 2rcvid. a detaa?d desc ip:ion c` the type e`plar.s needed. For example: Site plar,, Fiocr plan and; or Elevatior.s. aed,'crEiev3:ions. Pate rumbers or Page type. For example: Al, E2, Electrical, %Techa.nic3i, Plumbing, Building. Void sheer will only be provided if requested. Include void sheets? YES ti ::1 FEE SCHEDULE: ......................... $ 7.50 1st plan page,. plus $5.CC for each addi:dcnaf plan page. $ 2-00 per page for open permits list. $ 0.15 per page copied: NOTE: FOR RECORDS TO BE CONSIDE.RED Or'=ICIAL OCCUI%IEN75 FRONI THE CITY OF MIAMI, THEY MUST BE CERTIFIED. CERTIFICATION Fc=.._. _..._..._ $1.00 additional per page. ReyueSted Certified? Yes [( No ❑ Si?nature: o ._ By signing this form you agree to a charges as fisted above. 'Note: $4.1.00 and $10.00 search fees are non-refundable. Q,Zeitp of damn, Ai 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 St ❑ Permitted Inspection History C (If applicable) A ❑ CD F S Note: Open Permits, computer generated. R atus Legend Cancelled Active/Open Final Suspended 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 P\ BUILDING DEPARTMENT / P.O. Box 3307081 Miami, FL 33233-07081(305) 416-1140 A # NEWFILE#/12— City of Miami BUILDING AND ZONING PERMIT FORM-- Permit No., Permit Type: F.Iji.. NO: Plan NO: I. -D 11%16 8 01 Owner/Lose" Narrm. .5 -.- K "J'J.".'VEN � contractor. BETHLEE.Tl THC' W j-_ -Z� — Qualifiers Name:.. Certilication/RegistraWn No: Telephone: 0 0 r4 AILA -11 C*19 J71`11 B cli OLessee Address: Legal Description: -0N "f'�18 1,11d.. CT PB 9-60 aj 12 MIAMI PL LOT G LOT 9 BLK 6 -0 0 E LOT V)0.000 X. 15--f-I CIR I 552�' 2-2-661 <)T:y 20(KY I 0 Contractor's Address: ane No. 0 1`11AN-1 , FL Engineer. Architect Job Mrq'rhjF. Location: 6 AY Prop Building Type: Prop. Group Occupancy: Prop. Building Ht Primary Zone: Fire Zone: 0 S.D 9 Job Description: Plan Type 1"UNCE . .... WOOD., 111E.Tol MT?m DATE CONDITIONS OF APPROVAL faty M: I.11"il' SEE Q2./1.,?/Q1 6' FT.TKAE 01A 'STEE. F"F"OPERTY 1-1144.. SEJ "Y7 02/'0"`7/l'.A 1,10T AN Threshold InSPWW. Job Name: Re Estimated Cost 16 _quired: C.O. C -C. C.U. `N 1 V1 1 k) MASTER PERMIT NO. FEE DESCRIPTION UNIT TYPE UNITS FEE FTEIE' 1.{500 0 1. 8 0000 C C,"f* 1:7 0000 2,5 0 7 1, 00 Silt- 1D Wf"'STE' 0 0 0 0 00 fill-i'TE., CO. 1A1'•CE FE:F:S 1)(31-1 1. 1 0 0 ( P, 10 0 0' 0"...0 C) 50. 'TCYTAL FE"E"S 209. 20 C111C 1,10. :1.48'+ 209.20 C'Y'&T PAil D CERTIFIED THIS ISATRUeAWD COPY OF THE RECORDS ON FILE IN THE C TY OF MIAMI General CasdlBatra 1. Permit expires 9 construction is not begun within too drys or as is conaistai with South Florida Building Code. An Cabi al 2. Call each division (structral, sliscirIcK mechwhat plumbing, and zonino for inspectiona. Uilding Dept. Offic of Mici I Approved plains and nofte cominsownent must be on " with permit posted before inspections . it Reinspection less wig be charged It work Is not approved or not ready when Called for. or If approved plane we not on job oft at time of inspections Obtain Certificate of Occupancy from daps b wn when reWked. " sk I -hV complisted building PLEASE NOTE. Failure to comply with inwhanics Dan low can resuft in ft property owner paying twice for bulkling Improvements. 01BZAS 413 Rev. 11/921 gk&Nmdl— Original - Depertir—m-4 Section Film Camey - ApplkwWs Copy. I D I BZnS414 Rev. 12N9 1 DWAxidom: OrigirW - Departawt Seceon Fele; Cm" - D4P01ma+t Fib. 1 CERTIFIED ON FILE IN N- DEPARTMENT USE ONLY APPllcaton Number. °•.> City of Miami =ion BUILDING DEPARTMENT PERMIT APPLICATION ( p 00 225-Y- Folio No: + Application Status: Total Due: ❑ Actual Application ❑ Dry Run - Job Address* 6 .&I Unnocation: Permit N Lessee Name:-�tl 1 on kFa(z Comm: ❑ Res: ❑ Owners Name:Building `, Permit: 11 ❑ - e n Owner's Malling Address: Owner's Telephone: 245-7- Contractor's ; ntractor's Telephone: Contractor's : Registration Num r. IM oz.s w��4 3aS -6 r Od Contractor's Address: 3 q?— 3 /4-0 Qualifier's Names- Social Security No:: Architect Architect'e Telephone: Engineer. Engineer's Telephone: Threshold Inspector. Threshold Inspector Telephone: Bonding Company: Address: Permit Type: Bullding ❑ Landscape ❑ MechanicaVAC ❑ MechanlcaVBoller ❑ Electrical ❑ MachanicaVElevator ❑ Mechanical/Gas ❑ Plumbing ❑ Sign For Building Permits check appropriate type: ❑ Now Constriction ❑ Addition O Demolition ❑ Remodeling ❑ Repair ❑ Conversion ❑ Roofing ❑ Foundation G Proposed Use of Building: Gallons: Estimated Cost: Height v Total Feet neat Units: Floors: jou uescnpn: ❑ Square Fan CQ -1 Check all applicable boxes: O Charge of Contractor (CR) ❑ Recertification of Plan (RC) ❑ Plane Revision (RV) (Plan Type) O Completion Permit (CP) O Change of Qualifier (CQ) If this permit is related to another permit. You must provide the following: Master Permit No: Plans No: 1 understand that separate permits must be obtained for other Hems, unless spec fically covered by this permit. In signing this application, I am responsible for the supervision and completion of the construction In axordance with the plane and specifications and for compliance with all feder- al, state, and county laws applicable I cOr* that : ❑ there are no trees to be removed or relocated on this site as a result of the construction for which this application Is submbad or ❑ that a tree removal permit application has been approved. I have read the Info n 'ned M this permit and understand that any feleHlcatlon constitutes es fraud and could void the pe *n ` J0.2421 h 1 W_ce- - Signature of Ouallfler Owner Builder Prkd Nturls Proof of Ownership: Date Accepted: Clerk Accepted: Signeda r� A ot ear a 6. n eebraT1"uft Paburwa. mare ColF FOR BUILDING DEPARTMENT USE ONLY Legal Address: Ducal: r Tracking Required: t Current Use: �—`1 Code: J Census Code: Certificates Reqs red: Plane: No of sheer Z O C.O. O C.IJ. ❑ C.C. Yes O No + As bulk survey with elevation and setbacks b requlred after completion Lowest Finished Fkor 0rxdkusKdftk1nVgtheeerrlerrt of lowest floor slab before any further Irhepectim . O Yee O No SFX CHH OTHERS Shall be at least Group DISTRICTS Inches above crown of skeet Building Height (E)dating): Quadruple Fee: REQUIRED ❑ Yea O No PROPOSED EXISTING 27 1 ry Z 112-101 Application Received By Date Pemtit Authorized By Dasa I D I BZnS414 Rev. 12N9 1 DWAxidom: OrigirW - Departawt Seceon Fele; Cm" - D4P01ma+t Fib. 1 CERTIFIED ON FILE IN N- ¢e Building Department Submitted into the public record for item(s) PZ.7 on 07/25/2019 , City Clerk REQUEST FOR PERMIT UNDER NEW CONSTRUCTION LIEN LAW CONTRACTOR AFFIDAVIT ^r I owner. Gi1 0 ZT_ _) . eA Al 11-4-4"1 I rwv" aa". SZt -7,I% AIK- 6 r.T Pz z4," / ►�1i ?7 l :?'7 LEGAL DESCRIPTION OF PROPERTY UPON WHICH WORK IS TO BE DONE I .iVoIrmperty Pwaress: A 0 / __.. r_ / n d 1 - I_ .l W 7 'V, . V -2 1 DETAILS OF CONTRACT to STATE OF FLORIDA COUNTY OF MIAMI-DADE Bef !e me, an officer duly authorized to administer oaths and take acknowledgements, personalty appeared Av✓t/lo , owner of the above property who is sworn to and subscribed to before me this j2.T-4 , day of , 20P, and who is personally known to me or who has produced as Identification. Owner'snature: i, My commission expires: ftqod Loft STATE OF FLORIDA THIS IS ATRUE AND CERTIFIED COUNTY OF MIAMI-DADE COPY OF THE RECORDS ON FILE IN TNF C!TY OF MIA^,^! Before me, an officer duty uthorized to administer oaths and take acknnwfedgements, personalty appeared ' ,T�SGryo� /QALQ� , Builder/Contractor for the above work, who after being duly sworn under oath deposes and says that the facts contained above ars true and correct ar,�thy�'pvit is made for the purnnse of inducing the City of Miami to issue a Building Permit coverin the work set forth � ,��,day of 20.8L and who Is personals kqpwn to me or,* � Identification. E, '?0�lA9� y Contractor's Signature:M ® y commissi io : 4CC863487 _ r°b jy'P.4-15 of 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 T:305.467-6141 arthur marcus444(a3att.net ' www arthurmarcus com M26000962 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 Submitted into the public record for items) PZ.7 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 riot 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 - 7305 467-6141 arthur marcus444@att.net - www arthurmarcus corn AA#26000962 Submitted into the public record for items) 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 Morningside Historic District Guidelines state that: "Generally, enclosures may not be located in front of a main fa4ade." 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 trjly, , " L,,—,, Arthur J. us Architect P.A. E op ••ZNUR "4Y , •�•Ai • �O 1. R00 y . cc: Mayor Francis X. Suarez, Comm. Ken Russell, Comm. Wilfredo Gort, Comm. Joe Carollo, Comm. Manuel Reyes, Comm. Keon Hardemon 6/26/2019 Miami Mayor Suarez on Grove playhouse: Preservation is key I Miami Herald Mayor Francis Suarez's veto sides with preservationist for the Coconut Grove Playhouse, May 17, 2019. BY CHARLES TRAINOR JR. Z Submitted into the public record for item(s) PZ.7 Dear Residents: on 07/25/2019. City Clerk . With my first veto as the city of Miami Mayor and the reinstatement of the Historic and f that L]sao Environmental Preservation Board's decision, we have sent an unequivocal message ��d� ��wric preservation in our community is impera iv 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 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 $30 million to the county's project, which will require the issuance of bonds to finance it. When reviewed in its entirety, the countv's elan is short about S21 million. This deficiencv will By continuing to use this site, you give your consent to our use of cookies for analytics, personaYati https://www.miamiheraid.com/opinionAetters-to-the-editor/artide231243433.html 2/11 6/26/2019 Miami Mayor Suarez on Grove playhouse: Preservation is key I Miami Herald IIUL PCnI1ILLCU wictcr U1C CUrrCl1L verS1UI1 0l We 1CaSC WILL Wlll IICCCSSWIR: all alIlellUIIlellL Lo ll 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 $50 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 2005 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 $5Oo,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 Francis X. Suarez record for item(s) PZ.7 on 07/25/2019 . City Clerk . Mayor of Miami. Al By continuing to use this site, you give your consent to our use of cookies for analytics, personaKati httpsJ/www.miamiheraid.conVopinionAetters-to-the-editor/arbde231243433.htmi 3/11 :l. Al By continuing to use this site, you give your consent to our use of cookies for analytics, personaKati httpsJ/www.miamiheraid.conVopinionAetters-to-the-editor/arbde231243433.htmi 3/11 Ap ww .77 b7 ' t 4 i r 5 - r 4 5 Submitted into the public record for item(s) PZ.7 on 07/25/2019 City Clerk SETBACK TABLE HOUSE ADDRESS SETBACK LOT LENGTH RATIO (rounded to nearest foot) 1 5966 NE 6 20 80 X 82 av .24 (BELSOL) irregular 2 5944 NE 6 38 70 X 115 .33 (ARMSTRONG) 3 5965 NE 6 30 80.200 X 150 .20 (PUCHADES) 4 5916 NE 6 35 199.450 X 130 .26 (NELSON) 5 5911 NE 6 39 IRREGULAR .27 (LUBY/WEIBEL) 6 5929 NE 6 31 60 X 138 .22 (LIEBERMAN) 7 5929 NE 6 30 60 X 138 .22 (MERRILL) 8 5937 NE 6 30 50 X 139 .22 (GIBB) 9 5949 NE 6 30 50 X 142 .21 (BLACK/STANNARD) 10 5955 NE 6 36 50 X 145 .25 (WAGONER) 11 5965 NE 6 20 100 x 154 (av of .13 (PIM two lots) INVESTMENTS) 12 5981 NE 6 36(at front door) 50 X 164 .22 (CONWAY/BAIRD) Submitted into the public record for item(s) PZ.7 on 07/25/1019. City Clerk i"UVO 35vdvj 0 U N N J 0 W 0 OP 0 LL LL NO O = wZ 00 O 0[ ¢ 00 S a 0 U 3. W 0 ¢ OLL = y0 ¢ 00 S 0 U 3. ¢ Y d u�ow.azc .n„n, iD T19, x�i W N iHo9r� �j0 0 OE a a i 0 w w U U MTW1.9 -2. W z 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 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 8486 — 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 LEGEND: BCR - BROWARD COUNTY RECORDS BM- BENCHMARK ._.. CS - CATCH BASIN CA - CENTERLINE CLF - CHAIN LINK FENCE CBS - CONCRETE BLOCK STRUCTURE CONIC - CONCRETE DE - DRAINAGE EASEMENT D - CENTRAL ANGLE C - CHORD R - RADIUS A - ARC E - EAST ELEV - ELEVATION EDP - EDGE OF PAVEMENT EOW - EDGE OF WATER FF - FINISH FLOOR FH - FIRE HYDRANT FN - FOUND NAIL INV - INVERT RP - FOUND IRON PIPE FIR - FOUND IRON ROD FND - FOUND NAIL AND DISC MOOR - MIAMI DADE COUNTY RECORDS N - NORTH MF - METAL FENCE ORB - OFFICIAL RECORD BOOK LOT 10 0/S — OFFSET PB — PLAT BOOK PSCR — PALM BEACH RECORDS PG — PAGE POB — POINT OF BEGINNING PDC — POINT OF COMMENCMENT PYCF — PLASTIC FENCE R/W — RIGHT OF WAY S — SOUTH SWY — SIDEWALK SIR — SET IRON ROD ALP— SEWT IRON PIPE SND - SET NAIL 8 DISC UE - UTILITY EASEMENT UP - UTILITY POLE ^ `` W - WEST W/F - WOOD FENCE W/M - WATER METER PAVERS Al TILE • °• •- - CONCRETE -U- - OVERHEAD LINE NO LOT 14 M CI) Q1 to 1 V FHI Hn' N NO D Zt 5 l- l� 100.0' 81 LOT 15 6 82 0.2' ® 771 r 4 5 e. 727' ' 7370 78 854 -� as ' F 7 HEAVY VEGATATION ae 3 52 6 179 89 67 1 \ ja0 26 90 50 ss OT 9 LOT 8 VACANT! LO 9 65 64 2 25 eCL 48 a0 37 23 %5655 22 �+ 54 ' 20 60 i 21 CLF i C2.0 s 3402 `50' 33" (C) 14 R -i 2214.18'(C)CPO 0.3- �AI] t5 i3 L 100.74' ! _- 0 (i1A55 .--�— x 6 J Is aMI/IurnR 50.0' TOTAL R/W LEGAL DESCRIPTION LOTS 8 do 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. 1 NE 6 AVENUt-„e._--- �VFny� 30.0 PAVEMENT C-LDCATE• I, RFMAA-- 35 M, -0' - 3° r Submitted into the public record for item(s) PZ -7 on 07/2S/2019 City Clerk BOUNDARY SURVEY SKETCH OF SURVEY Scale: 1”- 20' LOT 7 1�)POINTS 1. 2, 1 4, 12. 35 AND x ARE SURVEYS POINTS. THE REST ARE TREE POINTS. OELERAL NOTES 1) RATES OF EEMOD: AS PER RAT v cor,AD, r. PAIQ a flRrl, N. luE a s: rIHeN a RASE nam "Aea Mea , reIN .IPL, ERE DEwTHRN 5965 NE 6 AVENUE, MIAMI, FL 33137 120830 0308 L 09/11/09 x 14/A j' P-DATE:9/18/18 RFs: 18-07-05 DWG GL11464 2) ELEVATIONS SHDVM HEREON ARE RELATIVE TO NATIONAL GEODETIC VERTICAL DA1W(N.G.VD.) 3) LOCATION AND IDENRACATKM OF UTILITIES ON AMO/OR ADNCENT TO THE PROPERTY +ERE NOT SECURE AS SUCH INFORMATION WAS IDT REQUESTED. • 4) NOT VALID WTHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LNCDISED SURKYOR AND NAPIER. 5) ret SURVEY IS NO INTENDED FOR C0nTRUCTM PIMPOSES e) VIOLATION AID/OR ENCOACHO[NTS CERTIFICATION OF SOUNDRY SURVEY: I HEREBY CERM THAT THIS SURVEY WAS MADE UNDER NY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF; THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE 0 OF PROFESSIONAL LAND SURVEYORS IN CHAPTER Ol 7- A ADMINISTRATIVE CODE PURSUANTTO SE 42.02 tYRDA STATUXZL w I/z• HP 1/ JULIO S. TA. P.L.S. NO D PROFESSIONAL LAND SURVEYOR �-- LICENSE NO PSN 5789 STATE OF FLORIDA GA VY & ASSOCIATES, INC. LAND SURVEYORS LB A Biz/ 1403 50ROLLA AVENUE CORAL G. 33134 3 Ph- (766) 236 8344 (766) _ CHECKED BY JSPcoUNTY: MIAMI—DADE: CERTIFIED T0: PMI TEN, LLC, A FLORIDA LLC NORTH AMERICAN TITLE INSURANCE CO. CLOSING & ESCROW SERVICES. INC. v cor,AD, r. PAIQ a flRrl, N. luE a s: rIHeN a RASE nam "Aea Mea , reIN .IPL, ERE DEwTHRN 5965 NE 6 AVENUE, MIAMI, FL 33137 120830 0308 L 09/11/09 x 14/A j' P-DATE:9/18/18 RFs: 18-07-05 DWG GL11464 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 CR BBROWARD COUNTY RECORDS BM - BENCHMARK CS - CATCH BASIN CA - 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 FND - FOUND NAIL AND DISC MDCR - MIAMI DADE COUNTY RECORDS N - NORTH MF - METAL FENCE ORB - OFFICIAL RECORD BOOK O/S - OFFSET PB - PLAT BOOK PBCR - PALM BEACH RECORDS - PG - PAGE POB -POINT OF BEGINNING POC - POINT OF COMMENCMENT PVCF - PLASTIC FENCE R/W - RIGHT OF WAY S - SOUTH SWY - SIDEWALK SIR - SET IRON ROO LOT 14 SID 100.0' 8 76 pD� -74 771 Q 75 i ti - 7271 T Va f- 3 52 69 M Q 0) V 01 LOT = 49 48 SIP - SEWT IRON PIPE r SND - SET NAIL & DISC - CONCRETE UE - UTILITY EASEMENT UP - UTIUTY POLE ^ W - WEST W/F - WOW FENCE W/Y -WATER METER - PAVERS - TILE 'il .•� •' .• - CONCRETE -U- - OVERHEAD UNE , 45 39 47 44 43 4' CLF 57 56 55 5859 60 61 63 62 18 16 17 / f HEA 179 GA BB 1 I 67 ;0 6 LOT V CANT; T 64 27 38 54 14 15 6 LOT 15 82 6' WF g83 854 486 87 J26 88 89 90 T 8 25 29 37 23 I � 22 4. 09 30 �1 20 31 i 21 4' i 32 34 02 X50' 33" (C) R —I 2214.18'(C) 33 13L 100.74' as 10 TT CM/OUTTER 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. STFf NO 6 Submitted into the public record for items) PZ.7 on _ 07/25/2019 City Clerk , 63xW 0- PIP A'pog BOUNDARY SURVEY LOT 7 4.4' GRASS 50.0' TOTAL R/W NE 6 AVENUE---------- ----- - - - 30.0 PAVEMENT x cm.0m t. rANO. u . PArt a s RAR lre www; aAN TIN Ara TA[ 120650 0308 L b9/11/09I X SKETCH OF SURVEY Scale: 1" - 20' MMI I)) POINTS 1. 2. 3, 4, 12. 35 AND 36 ARE SAtKYS POINTS, INE REST ARE TREE POINTS. cFNERu NDTEs: 1) BASS OF KARNO: AS POI RAT 2) ELEVATIONS SHOWN NMON AAE RELATIVE TO NATIONAL GEODETIC KATICAL DATIN(NO.V.D.) 3) LOCATION AND IDEWW ATDN Of URITIES ON AND/OR AD.IARNT To OW PIIOIFIITY SERE NOT SECNE AS SICU NFOINATON WAS NOT REOLMSTED. 4) NOT VALD NTHOUT THE SWARM AND THE ORONAL RAISED SEM. OF A FLORIDA UCE_ SNVEYOR AND MAPPER. 5) THIS SURVEY IS MOT INTENDED FOR CONSTRUcTNI RP PUOSES B) VIOLATION A/W DKOA04KNTS CERTIFlCAnON of BOUNORY SURVEY: I HEREBY CERTIFY MAT THIS SURVEY WAS MADE UNDER MY RESPON98LE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND 80 IE ; THIS SURVEY MEETS THE MNNW TECHNICAL STANDARDS AS SET FORTH BY THE 7- RD OF PROFESSIONAL LAND SURVEYORS N CHAPTER OI F A ADMINISTRATIVE CODE PURSUANT 10 5E 412.0] 1)TODA STATUTES. JULIO S. TA, P.L.S. PROFESSIONAL LAND SURVEYOR LICENSE NO PSN 5709 STATE OF FLORIDA GAVY & ASSOCIATES, INC. LAND SURVEYORS u 0 eB7+ 1403 SOROLLA AVENUE CORALGAISLES. F1_ 33134 Ph (766) 236 0344 CHECKED BY JSP COUN I MIAMI-DADE CERTIFIED TO: PIM TEN, LLC, A FLORIDA LLC NORTH AMERICAN TITLE INSURANCE CO. CLOSING & ESCROW SERVICES. INC. a TMs nooP atwtla 5965 NE P AVENUE, MIAMI, FL 33137 N/A OML:/21'7/1 E lu' 18-07-05 E) -c;: GL 11464 ALTERNATIVE TREE DISPOSITION 11 Total Trees Impacted: 25 (Owners 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 items) Ey.7 on 07/25/2019 City Clerk . '929t1ND: BCR - BROWARD COUNTY RECORDS BM - BENCHMARK CB- CATCH BASIN CIL - CENTERLINE CLF - CHAIN LINK FENCE CBS - CONCRETE BLOCK STRUCTURE CONIC - CONCRETE DE - DRAINAGE EASEMENT D - CENTRAL ANGLE C - CHORD R - RADIUS A - ARC E - EAST ELEV - ELEVATION EDP - 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 FNO - FOUND NAIL AND DISC MDCR - MIAMI DADE COUNTY RECORDS N - NORTH MF - METAL FENCE ORB - OFFICIAL RECORD BOOK LOT 10 O/S - OFFSET PB - PLAT BOOK PBCR - PALM BEACH RECORDS PG - PAGE POB -POINT OF BEGINNING POC - POINT OF COMMENCMENT PVCF - PLASTIC FENCE R/W - RIGHT OF WAY S - SOUTH SWY - SIDEWALK SIR - SET IRON ROD SIP - SEWT IRON PIPE DTI Q� SND - SET NAIL & DISC T T UE - UTILITY EASEMENT -UTILITY POLE ^ W W - WEST GL 1 1 W/F - WOOD FENCE W/M - WATER METER L - PAVERS TILE • •', P' - CONCRETE -U- - OVERHEAD LINE LOT 14 � flT '76 0.2' 74 3 5269 58 M e rn Qj 6 7 50 6 b 5 49 46 42 41 4539 40 47 44 43 38 4' CLF 57 56 55 58 54 54 6 61 63 B2 14 18 16 15 17 6 100.0' 81 LOT 15 _ Z _ 82 77! \ 1 6. WF 83 g 7$ 854 \ 86 87 H AVY'VEGATATION 88 179 89 T� B r; 80 90 �t 0 9 OT CA LO 5 27 25 =� 2 �l \ 24 37 i 22 i19 21 34 02 150' 33- (C) R -`; 2214.18'(C) 13 L -a 100.74' 1.5' CURB/WTTER k+ •------, -4 - 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. 31 4' CLF 32 Nmm 33 30x53' = l 4 10 (v1(z10 = 7-4,0 3810/,C1_R LOT 7 W%s,11, 5W'Y — 4.4' GRASS u .6 U o 50.0' TOTAL R/W NE 6 AVENUE.---------- ------- P A VEMENT ------PAVEMENT I, ca.IlA.rr r. PNN6 i avnF .. D.rt m s NI I.AeFn Ira rIIWI wlNc. zONE 120650 0308 L 9/11/09 % Submitted into the public record for items) PZ.7 on 07/t5/2019 City Clerk BOUNDARY SURVEY SKETCH OF SURVEY scale: i^ - 20' ND1E, 1) POINTS 1, 7. 3, 4, 12. 35 Alm 36 ARE SURVEYS POINTS, THE REST ARE TREE POINTS GENERAL NOTES: 1) BASIS OF REMIND: AS PER PLAT 3) EUVAIRM SHORN HEREON ARE RELATIVE TO NATIONAL GEODETIC VERTICAL DATW(N.OV.D.) 3) LOCATION AND IDENTIFICA701 OF UTRITIES ON AND/OR AOIACENT TO THE PROPERTY NEVE NOT SECURE AS SUCH INFORMATION WAS NOT REQUESTED. 4) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 5) TINS SURVEY IS NOT INTENDED FOR CONSTRUCTION PURPOSES 6) VIOLATION AID/OR ENCOACHMENT9 CERTIFICATION OF BOUNDRY SURVEY: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE AND TO THE BEST OF MY KNOWLEDGE AND BELIEF; THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE RID qF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61 7- F RIDA ADMINISTRATIVE CODE PURSUANT TO SEV4�"20/20RIDA STATUTES. JULIO PROFESSIONAL LAND SURVEYOR LICENSE NO PSM 5789 STATE OF FLORIDA GAVY & ASSOCIATES, INC. LAND SURVEYORS LB /I 140 SOLAVENUE CCWIAL GABBLES.ES. LA 4 Pnono: (706) 2]3 8346 8344 CHECKED BY JSP COUNTY: MIAMI—DADE CERTIFIED TO: PIM TEN, LLC, A FLORIDA LLC NORTH AMERICAN TITLE INSURANCE CO. CLOSING & ESCROW SERVICES, INC. a. e.s FiDDD 4EVATIDH 5965 NE 6 AVENUE, MIAMI, FL 33137 N/AREF: 18-07-05 Dwc. GL11464 UP -DA TE: 9 " � 1 8 8 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. Y 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. 9. 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 0712512019. City Clerk