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24South Miami To: The Honorable Mayor Stoddard and Members oft City Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline Director Planning and Zoning Department Date: April 6, 2010 Item No.. Subject: An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 7221 SW 58 Avenue (aka Bougainvillea Tavern) and legally described as being a portion of Lots 51 and 52, less east 50 feet, in W.A.Larkin's Subdivision, recorded in Plat Book 3, page 198 of Miami -Dade County Public Records, as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY The Historic Preservation Board at its February 22, 2010 meeting reviewed an historic designation report for a commercial building located at 7221 SW 58 Avenue. The building is the Bougainvillea Tavern which is one of two structures on a site with the legal address of 7211 SW 58 Avenue. The commercial building address being proposed for designation is 7221 SW 58 Avenue. APPLICABLE REGULATIONS The Land Development Code provides that an historic designation recommendation must be enacted as a zone map change. The "HP -OV" Historic Preservation Overlay zoning district is superimposed as an overlay over the existing underlying use zone. The procedures in the LDC require the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. (Section 20- 5.17(E).The final decision on an historic designation is made by the City Cornmission after two readings. The historic designation of the Bougainvillea Tavern is part of a series of downtown buildings recommended for designation by the Historic Preservation Board. It is important to note that the tavern building is identified in the "Hometown Plan" (1993) as one of ten "contributing buildings" having significant historic value which should be preserved. Two of those buildings have been demolished and the remaining eight have been designated historic or are in the process of being designated. The attached Designation Report contains a detailed history of the building and includes photographs. The attached designation report describes the architecture of the building (pp.5 -6). The City's preservation consultant determined that the structure meets three of the criteria for historic designation (pp. 6 -7). 2 IMPACT OF DESIGNATION ON PROPERTY RIGHTS (1) A designated historic site is eligible for property tax exemption on any exterior renovation or improvements. (2) A designated historic building does have to prove hardship if a variance is required as part of a restoration project; and there are no parking requirements for uses in a designated historic site. (3) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). The COA approval requires a review by the Historic Preservation Board and final approval by the City Commission. (4) The demolition of a designated historic building is permitted; however, the City may delay the issuance of a permit to demolish for a period up to six months, allowing time for consideration of alternate plans to save the building. The proposed designation for 7221 SW 58 Avenue was approved by the Board at its February 22, 2010 meeting by a vote of 8 ayes 0 nays. It is important to note that in 2006 the Historic Preservation Board did consider the designation of the same site. The 2006 designation at that time included both structures on the site, the Bougainvillea Tavern and a smaller building where the Hanging Basket store was located. The Board at that time, based upon a number of concerns, did not recommend designation. The proposed designation did not proceed any further. A copy of the Board's March 20, 2006 minutes concerning the designation is attached as background information. PLANNING BOARD RECOMMENDATION The Planning Board at its March 9, 2010 meeting, after a public hearing, adopted a motion by a vote of 5 ayes and 2 nays recommending that the proposed designation be denied. RECOMMENDATION: It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 7221 SW 58th Street (Bougainvillea Tavern) be approved. Backup Documentation: Draft Ordinance Designation Report Communication from Property owner's attorney 4 -5 -10 Planning Department Staff Report 3 -9 -10 Planning Board Meeting 3 -9 -10 Certified Verbatim Transcript Excerpt Historic Preservation Board 2 -22 -10 Excerpt Historic Preservation Board 3 -20 -06 Mail Notice to applicant XAComm Items\2010 \4 -6 -10 \7221 SW 58 Avet HP -OV CM report.doc I ORDINANCE NO. 2 3 An Ordinance of the Mayor and City Commission of the City of South 4 Miami, Florida, relating to a request to amend the official zoning map of 5 the City of South Miami Land Development Code by designating a 6 commercial building located at 7221 SW 58 Avenue (aka Bougainvillea 7 'Tavern) and legally described as being a portion of Lots 51 and 52, less east 50 8 feet, in W,A.Larkin's Subdivision, recorded in Slat Book 3, page 198 of Miami - 9 Dade County Public Records, as an historic site and by placement of an, 10 Historic Preservation Overlay Zone (HP -OV) over the existing zoning use 11 district for this property; providing for severability; providing for 12 ordinances in conflict; and providing an effective date. 13 14 15 WHEREAS, Application No. PB -10 -002 was submitted to the Planning and Zoning 16 Department by the Historic Preservation Board, said application requesting to amend the 17 official zoning map of the City of South Miami by overlaying an "HP -OV" Historic 18 Preservation Overlay zoning district for a commercial building located at 7221 SW 58th 19 Avenue (aka Bougainvillea Tavern) and legally described as being a portion. of Lots 51 and 52, 20 less east 50 feet, in W.A.Larkin's Subdivision, recorded in Plat Book 3, page 198 of Miami - 21 Dade County Public Records; and 22 23 WHEREAS, the proposed historic designation and rezoning is consistent with the 24 goals and policies and the future Land Use Map of the City of South Miami Comprehensive 25 Plan; and 26 27 WHEREAS, the Historic Preservation Board at its February 22, 2010 meeting reviewed 28 the Designation Report for the Bougainvillea Tavern located at 7221 SW 58th Avenue and 29 adopted a motion by a vote of 8 ayes 0 nays recommending that the proposed building be 30 designated historic; and 31 32 WHEREAS, at its March 9, 2010 meeting, after a public hearing regarding the 33 application of the HP -OV zoning to the commercial building located at 7211 SW 58`h Avenue, 34 the Planning Board recommended that proposed designation and zoning change be denied by a 35 vote of 5 ayes and 2 nays; and 36 37 WHEREAS, the City Commission desires to accept the recommendation of the Historic 38 Preservation Board. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 41 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 42 43 Section 1. That the City's Official Zoning Map shall be amended by placing the Historic 44 Preservation Overlay (HP -OV) zoning district over the existing underlying zoning use district for 45 property identified as a commercial building located at 7221 SW 58th Avenue (aka Bougainvillea 46 Tavern) and legally described as being a portion of Lots 51 and 52, less east 50 feet, in 47 W.A.Larkin's Subdivision, recorded in Plat Book 3, page 198 of Miami -Dade County Public 48 Records. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section 2. That the Designation Report for the building at 7221 SW 58th Avenue (aka Bougainvillea Tavern) as prepared by the South Miami Planning Department is identified as Attachment "A" and is attached to and made part of this ordinance. Section 3. The Design Review Guidelines set forth in the Designation Report for the building at 7221 SW 58th Avenue (aka Bougainvillea Tavern) and the provisions contained in the Land Development Code pertaining to review of building permits, certificates of appropriateness and demolition are applicable to the same property. Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK I st Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY Attachment "A" Designation Report day of , 2010 XAComm Items\2010 \4 -6 -10 \7221 58 Ave Bougm HP -OV Ord -doe APPROVED: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner: Beasley: Commissioner Harris: 2 • *IAIl 6900 SW 70TH ST SW71STST , Hi City of South Miami Historic Site Designation 7221 SW 58th Avenue 6701 —T 5449 ,ah'O�I 00 r,68TH ST 5907 1 C; 0- _ 49' Lw N < %V-* .y093 SUBJECT PRQF� . ..... .. qRTY, SUNSET DR QT. SW 72ND A. . ..... .. A AW j A29 TO 4 1 5001 47.4 ° 5950 L 7230 A- 1331 I 7390 L-ZW74TW-8T—I: 74CO O 7400 1 0 100 200 300 600 900 1,200 1,500 Feet TABLE OF CONTENTS General Information ............... ..............................2 II. Significance ........................ ............................... 2 III. Architectural Distinction ......... ..............................5 IV. Eligibility For Designation ........ ............................... 6 V. Design Review Guidelines ........ ..............................7 VI. Bibliography .......................... ..............................9 VII. Photographs ........................... .............................10 City of South Miami Historic Designation Report for 7221 SW 58th Avenue Paae 1 of 12 BOUGAINVILLEA'S OLD FLORIDA TAVERN 7221 S.W. 58th AVENUE, SOUTH MIAMI I. GENERAL INFORMATION Current Address: 7221 S.W. 58th Avenue, South Miami aka 15 South 1 st Avenue, South Miami (street numbering system prior to 1952); originally platted as "Orange Street" (1915) Location: East side of S.W. 58th Avenue, 2 -3 lots south of Sunset Drive (S.W. 72nd Street) Present Owner: Remseaoliv, LLC Present Use: Commercial; tavern Zoning District: Retail- Hometown District Overlay (SR -HDOV Tax Folio Number: 09 -4036- 022 -0380 Legal Description: Lots 51 and 52, less east 50 feet, in W.A.Larkin's Subdivision, recorded in Plat Book 3, page 198 of Miami -Dade County Public Records II. SIGNIFICANCE Date Constructed: pre -1945, possibly 1920s, with later additions Architect / Builder: Unknown Original Use / Location: Garage on Lot 10 of W.A.Larkin's Subdivision (SE corner of 58th Avenue and Sunset Drive, immediately north of present site). Relocated, enlarged and converted to single - family residence, 1945. Statement of Significance While the Historic Preservation Board of South Miami ruled this site unworthy of historic designation in 2006, further research has shed more light on its origins and bears reconsideration. The first documented building owner was merchant and restaurant owner Abia B. Core, who settled in South Miami in the 1920s; but the building's chief merit is its architecture. City of South Miami Historic Designation Report for 7221 SW 58th Avenue Paae 2 of 12 This one -story wood -frame structure, most likely of now -rare Dade County pine, is the result of a 1945 expansion of an earlier garage building, possibly from the 1920s or '30s, that converted it into a single - family residence. Exploration of the interior walls would help to determine which part of the present building was the original garage, but even the 1945 additions, now 65 years old, are a worthy example of local, 20th- century Vernacular architecture. Contextual History: The town of Larkins, predecessor of the City of South Miami, got its start in the 1880s with the settlement of a few farming families in the vicinity of present - day Cocoplum Circle. The town grew when a railroad station was established a short distance to the west in 1904. By 1917, Larkins had a population of 350, and nine subdivisions were platted by 1918. One of these was W.A.Larkin's (sic) Subdivision, platted in 1915 by the pioneer for whom the town was named, Wilson A. Larkins from Tennessee. This subdivision lies between S.W. 57th and 59th Avenues, from Sunset Drive to S.W. 74th Street, and comprises 82 building lots numbered sequentially (the eight blocks are not numbered). Lots 1 through 19 line the south side of Sunset Drive. The subject building straddles Lots 51 and 52. At the height of the Florida Land Boom, Larkins was incorporated as the Town of South Miami on March 6, 1926, and grew into a City the following year. At that time it instituted a street numbering system that counted avenues westward from Red Road (the border with Coral Gables), and streets northward and southward from Sunset Drive. This system continued until 1952, when the city adopted the Miami street grid. The address of the subject property under the earlier system was 15 South 1 st Avenue. Specific History. With no original building records surviving, clues to this building's origins can be pieced together from other sources. Deed records for Miami -Dade County show that the building site, lots 51 and 52 in W.A.Larkin's Subdivision, were bought by A.B.Core directly from Wilson Larkins on July 20, 1936.1 Abia Bernard Core, born in 1896 in Fort Dodge, Iowa, came to Florida around 1924 with his wife Jeannette, probably drawn by the Florida Boom. Deed records show that in December 1924 he bought a building lot on Red Road a block north of Sunset Drive, from the Methodist Episcopal Church .2 In February 1925 he purchased Lot 10 in W.A.Larkin's Subdivision from William A. 'Miami-Dade County Deed Book 1789, Page 216. 'Miami-Dade County Deed Book 528, Page 106. City of South Miami Historic Designation Report for 7221 SW 581' Avenue Paae 3 of 12 McCarty,3 who had bought it from Wilson Larkins -less than a year before.4 This lot is situated at the southeast corner of Sunset Drive and S.W. 58th Avenue, immediately north of Lots 51 -52. The 1927 Polk's City Directory lists -A.B.Core as co -owner of the Core & Eigsti drugstore on Sunset Drive, but the exact address is not given. Mr. & Mrs. Core were also living on Sunset Drive, probably on Lot 10. In 1928, Core ordered three mahogany billiard tables from a company in Atlanta,5 so perhaps he was running more than a drugstore. Core's business partner, Walter J. Eigsti, a fellow Iowan, returned to the family farm in Iowa by 1930, according to the U.S. Census of that year. The 1930 Census also lists A.B. and Jeanette Core still residing on Sunset Drive, and both working in sales in a "general store." Jeannette Core, suffering from ill health for years, committed suicide with poison on October 26, 1930, at age 32.6 In 1933 A.B.Core took a second wife, Billie Burton, a native of Alabama who had just been divorced from her husband William S. Burton.7 The Burtons had also lived on Sunset Drive, according to the 1927 City Directory. The 1935 Florida Census lists A.B.Core, occupation "farmer," living on Sunset Drive with his wife Billie and her teenage son Bill Burton. Then in 1936, A.B.Core purchased Lots 51 and 52, immediately south of Lot 10, as noted above. The 1941 Polk's Directory (the first to list specific addresses) lists the Cores' residence at 42 Sunset Drive, which was Core's property on Lot 10, now known as 5796 Sunset Drive. At that time A.B.Core was running Able's Lunch at 219 N. State Highway (now U.S. 1). The next episode is the issuance of a building permit in June, 1945, to "move garage from Lot 10 to Lots 51 and 52, and add to it to make a 32' x 40' Building." This, then, is the origin of the subject building: an earlier wood -frame garage, of unknown dimensions, built either by A.B.Core or W.A.McCarty before him, or possibly even by W.A.Larkins even earlier, was moved from the corner lot to the present site in 1945 and was enlarged to become the Cores' new home. A few months later, on January 14, 1946, Core sold Lot 10 to Altha Sweets, a widow. The deed conveys the land "together with furniture, furnishings and household equipment now located in the buildings on said land, excepting there from the piano, victrola, cabinet of records, cedar chest, desk, light, and personal belongings. "8 The Cores evidently took these 'Miami-Dade County Deed Book 501, Page 366. Miami -Dade County Deed Book 313, Page 383; April 9, 1924. s Miami -Dade County Deed Book 1204, Page 471. ' "Club Woman Kills Herself with Poison," Miami Herald, Oct. 27, 1930, p.2. 'Florida Marriage Collection 1927 -2001; Dade Co. Divorce Index vol. 46, #2255. 'Miami-Dade County Deed Book 2616, Page 81. City of South Miami Historic Designation Report for 7221 SW 58th Avenue Paae 4 of 12 latter items into their new home at 15 South 1St Avenue, first listed in the Polk's Directory of 1947. Lots 51 and 52 originally had a depth of 142.5 feet. On September 6, 1950, A.B.Core sold the eastern 50 feet of both lots to a William Segal9 Perhaps with the proceeds of this sale, in 1953 Core built the narrow masonry building at 7211 S.W. 58th Avenue, next door to his residence, and ran it as Core's Coffee Shop until his death in 1961.10 A month later, his widow Billie Core conveyed both lots, minus the eastern 50 feet, to her son William Burton," a photographer, who lived at 7221S.W. 58th Avenue through at least 1975. The building was converted to its present use, Bougainvillea's Old Florida Tavern, about the year 2000. III. ARCHITECTURAL DISTINCTION This building is a fine example of Frame Vernacular architecture, although the exterior siding may be of cement asbestos or other composite made to resemble wood, in 12 -inch overlapping horizontal planks. The interior walls are paneled with wide, unfinished pine boards, and the finished ceiling and floor are also wood. In the 1947 G.M.Hopkins City Atlas, the building is color -coded to denote a frame structure. "Vernacular" is a non - academic architectural style that is the product of the builder's skill and experience, adapted to local materials and conditions. It is largely utilitarian with a minimum of decoration. South Florida houses of this style in the early 20th century are usually rectangular, of one or two stories, with a gable roof usually of wood shingles, but original roofs rarely survive. Homes in this style can be either wood frame or masonry; frame structures usually have horizontal wood siding. Overhanging eaves and exposed rafter ends are typical, and windows were usually double -hung sash type.12 The footprint of this building is a broad rectangle. The front (western) portion has an end -gable roof running on a north -south axis; a shorter gable roof is set perpendicular to it at the south end, forming an L- shape. The portion of the building that fills in the angle of the L has a flat roof that slopes down at two different angles, on the east elevation. Here an outdoor bar enclosure of vertical wood paneling is of recent construction. A masonry chimney rises from the juncture of the rear gable and this sloped -roof section. The building's roof is of asphalt shingle that is probably not original (Roofing permits were issued in 1953, 1969, and 2008). s Miami -Dade County Deed Book 3340, Page 497. 0 Obituary, Miami Herald, January 7, 1961, p. 2 -C. " Miami -Dade County Deed Book 2496, Page 121. 'Z Metro Dade County, From Wilderness to Metropolis, 1992, pp. 176 -8. City of South Miami Historic Designation Report for 7221 SW 58th Avenue Paae 5 of 12 The entrance to the building is at the center of the west elevation, and a short extension of the roof, supported by simple posts, forms a small front portico. Windows throughout are sash type, mostly with 8- over -8 panes, and probably date to 1945. The window configuration on the east elevation matches that seen in a 1954 aerial photograph (q.v.). A permit issued in 1946 for an "8' x 10' back porch" was probably on the north side of the building, as seen in the same photograph. On the interior, the front door opens into a large main room, with a faux - brick, non - working fireplace toward the rear. Two smaller rooms open off the south end of the main room, with a large floor beam and archways setting them apart. There are sections of wooden shelving along the upper walls. Most of the main room is taken up by a wooden bar structure that dates from the conversion of the property into a tavern several years ago. The current operator's website, www.bougiesbar.com, citing no sources, describes the property as a "1929 -era, 1500- square foot cottage" and states, "During the re- design, all the old wood was saved to make (the) bar." At the Historic Preservation Board meeting in 2006, one of the arguments made for denying this building historic status was that it "sits in an environment completely transformed from its original setting. "13 Today, standing just behind Starbuck's on bustling Sunset Drive, this wood -frame building is incongruous, but one of the values of historic preservation is to provide us with touchstones to our past, to remind us, or teach us, of times that were different. Indeed, the current occupant seems to find great popular appeal and commercial value in promoting this venue as an Old Florida Tavern. Another argument made was that the building had undergone "severe alteration," but in fact no major alterations are documented since its 1945 construction, and it appears hardly changed at all from the 1954 photograph. IV. ELIGIBILITY FOR DESIGNATION The building at 7221 S.W. 58th Avenue appears to meet the following criteria for significant structures contained in the South Miami Land Development Code, "Historic Preservation Standards:" (a) Possess integrity of location, design, setting, materials, workmanship, feeling and association Originally a garage enlarged and adapted to residential use in 1945, this building retains the integrity of its design as a wood -frame Vernacular structure, and preserves the feeling and association of early 20th Century 13 Minutes, HP Board of South Miami, Public Hearing on Designation, March 20, 2006. City of South Miami Historic Designation Report for 7221 SW 581h Avenue Paae 6 of 12 South Florida architecture. Its interior walls, ceiling and floor are constructed of distinctive local materials, probably Dade County pine, with fine workmanship. The exterior walls, while they may or may not be of wood, probably date to 1945. (c) Are associated with the lives of persons significant in our past The earliest documented owner of this building is Abia Bernard Core, a merchant and restaurant owner who came to South Miami from Iowa around 1924, during the Florida Land Boom. He moved a garage structure from his adjoining lot to the present site in 1945, and enlarged it to create his own residence, where he lived until his death in 1961. (d) Embody the distinctive characteristics of a type, period, style or method of construction or work of a master, or that possess high artistic value, or that represent a distinguishable entity whose components may lack individual distinction This building exemplifies Frame Vernacular architecture, prevalent in U.S. residential buildings in the early 20th Century, and at least part of the present structure is known to have its origins prior to 1945. Buildings of this type, built of local pine, were typical in South Florida in the 1920s, early in the area's development. V. DESIGN REVIEW GUIDELINES In accordance with the procedures set forth in Section 20.5.19 of the City's Land Development Code, any building permit for exterior alteration, renovation or demolition of an existing structure which is designate historic, or is within a designated historic district shall first require the issuance of a Certificate of Appropriateness (COA). The COA is issued after a review by the historic Preservation Board and City Commission. The Historic Preservation Board shall adopt and may, from time to time, amend the standards by which applications for a Certificate of Appropriateness may be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote maintenance, restoration, adaptive uses appropriate to the property, and compatible contemporary designs that are harmonious with the exterior architectural and landscape features of neighboring buildings, sites, and streetscapes. General: The Secretary of the Interior's Standards for Historic Preservation Projects with Guidelines for Applying the Standards (1979), and as it may be amended. City of South Miami Historic Designation Report for 7221 SW 58th Avenue Pace 7 of 12 Specific: • Wood interior walls, floor, ceiling and roof beams • Horizontal exterior siding. • End -gable roofs (roof surface material probably not original) • Overhanging eaves with exposed wooden rafter ends • Masonry chimney and interior fireplace • Sash windows City of South Miami Historic Designation Report for 7221 SW 58th Avenue Paae 8 of 12 BIBLIOGRAPHY AncestryPlus online: U.S. and Florida Census, Marriage and Divorce Records Building Permits: City of South Miami, Planning Department. Deeds and Platbook Records: Miami -Dade County Clerk Archives, Miami. McAlester, V. & L.; A Field Guide to American Houses, Alfred A. Knopf, N. Y., 2005. Metropolitan Dade County; From Wilderness to Metropolis, 2nd Edition, Office of Community Development, Historic Preservation Division, 1992. Polk's City Directories Greater Miami, various years. Redding, Susan Perry; "South Miami," in Miami's Historic Neighborhoods, Historical Publishing Network for Dade Heritage Trust, 2001. - -- Carolyn Klepser, researcher January 18, 2010 Revised February 16, 2010 City of South Miami Historic Designation Report for 7221 SW 581" Avenue Pace 9 of 12 VII. PHOTOGRAPHS West Facade (Front) of 7221 SW 58th Avenue City of South Miami Historic Designation Report for 7221 SW 581" Avenue Paae 10 of 12 East Facade (Rear) of 7221 SW 58th Avenue, Circa IYY/ East Fagade (Rear) of 7221 SW 58th Avenue City of South Miami Historic Designation Report for 7221 SW 58th Avenue Paae 11 of 12 South Facade (Side) of 7221 SW 581h Avenue X: \PB \PB Agendas Staff Reports \2010 Agendas Staff Reports \3 -9 -10 \Bougainvillea Designation Report - 2.26.10.doc City of South Miami Historic Designation Report for 7221 SW 58th Avenue Paae 12 of 12 LAW OFFICES SHUBIN &BASS P R O F E S S I O N A L A S S O C I A T I O N Via Facsimile& U.S. Mail April 5, 2010 City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Planning Board Item No. PB -10 -003 Historic Designation -7221 SW 58th Avenue Dear Clerk: t �z t CITY CLERK'S OFFICE This correspondence is transmitted on behalf of REMSEAOLIV, LLC, ( "Owner "), the Owner of the property located at 7221 SW 58th Avenue (the "Subject Property ") which is the subject of the City of South Miami ( "City ")'s proposed designation. This correspondence likewise serves as a formal written objection to the designation report offered by the City of South Miami (the "City ") in support of the proposed designation. In sum, the Subject Property does not remotely satisfy the standards that govern historic designation for all of the reasons explained by expert witness and professor of architecture - Jorge Hernandez. A copy of the sworn testimony of Professor Hernandez is attached hereto as Exhibit "A" and incorporated herein. We would respectfully ask that the Clerk include a copy of this letter together with the attached transcript in the record of this proceeding along with the record of the City's prior attempt to designate the Subject Property. On this point, we are constrained to remind the City that in its prior attempt to designate the Subject Property, the City's Historic Preservation Board correctly concluded that the Subject Property failed to satisfy the City's standards for designation. The City's Planning Board likewise reached the same conclusion during this proceeding. Neither Board, nor the City's Designation Report, found that any substantial change of circumstances occurred with respect to the Subject Property so as to justify a different result from the "no designation" decision previously and correctly reached by the City in 2006. Under the doctrine of administrative res judicata, the City should likewise deny the designation request at this time. See, e.g., Miller v. Booth, 702 So. 2d 290 (Fla. 3d DCA 1997)(the doctrine of administrative res judicata is applicable to rulings or decisions of administrative bodies, and to rulings of such bodies dealing with zoning regulations unless it can be shown that since the earlier ruling thereon there has been substantial change of circumstances relating to subject matter with which ruling was concerned, sufficient to prompt different or contrary determination.) 46 S.W. 1st Street, 3rd Floor, Miami, FL 33130 Ph: 305.381.6060 Fx: 305.381.9457 www.shubinbass.com City Clerk City of South Miami 21 Page We respectfully ask that the City deny or abandon its attempt to designate the Subject Property over the Owner's objection. cc Thomas J. Vag( Mr. Sandy Youkalis, Planning Consultant Bruce Cease, Esq. Mr. Cauley Dennis SHUBIN & BASS, P.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 *17 18 19 20 21 22 23 24 25 CITY OF SOUTH MIAMI PLANNING BOARD TUESDAY, MARCH 9, 2010 CITY COMMISSION CHAMBERS 7 :30 p.m. APPEARANCES:. CERTMIED DEAN WHITMAN TRANSCRPT JUAN COMENDEIRO. JORGE CRUZ. NANCY WILSON YOUNG C. DAVID MORTON BRENDA YATES HENRY FARFAN LAURENCE FEINGOLD, CITY ATTORNEY LOURDES CABRERA- HERNANDEZ, PRINCIPAL PLANNER THOMAS J. VAGELINE, PLANNING DIRECTOR SANFORD A. YOUKLIS 800 -726 -7007 Veritext Florida Reporting Co. 11 305- 376 -8800 9 f Panes 2 to 5 ) 4 The zoning map would be amended in order to create an overlay over the existing underlying zoning. That process is like any other rezoning. The planning board public hearing recommendation, then an ordinance in front of the city commission for first and second reading. What you have today is the historic board recommending the designation of an historic building at 7221 Southwest 58th Avenue. The actual building is the Bougainvilla Tavern. There are two structures on the site. And the structure that's being designated is one of the structures. And that's the actual address of 7221. The legal address of the entire site is 7211. The designation came before the historic board on February 22nd in 2010. And by a vote of eight to zero they're recommending designation. And attaches an excerpt from that meeting of the historic board of a couple of weeks ago concerning the designation. If important to note that this designation did come up in 2006, at which time the Bougainvill and the next door property, the Hanging Basket !, 5 was part of the overall designation. At the meeting of the historic board in 2006, the board declined by a four three vote I believe to make it -- to recommend historic designation. Now, three years later, several members of the board wanted to bring this up again, limit the designation to the Bougainvilla Tavern and they also requested a new designation report be written. So you have before you as a designation report our consultant; Carolyn Klepser, consultant to the -- historic preservation consultant to our staff has prepared the designation report and will give you a brief synopsis of the history and why this is -- she's recommending that it is eligible for designation as a historic -- a designated site. I will throw -- is there any particular order of the photographs I should show -- okay. I'll follow your lead as you talk. MS. KLEPSER: That will be fine. Good evening. I'm Carolyn Klepser. I live in Miami Beach. And for about the last 14: years I've been doing historic architectural research for Veritext Florida Reporting Co. 800 - 726 -7007 305 - 376 -8800 2 1 THE CLERK: Next is the planning board 1 2 application. First application this evening is 2 3 PB10002. It is a public hearing and do we need 3 4 to swear people in. 4 5 MR. YOUKLIS: Yes, Madam Chair and the 5 6 Members of the Board, you have before you a 6 7 two -page staff report and an historic 7 8 designation report. What this is the standard 8 9 procedure after the historic preservation -- is 9 10 there a.question ?.., 5,.., . -., , ;. ;y 10 11 MS FATE$ Did we need to read it into 11 12 13 the record first orr °_" 10 ,.Y..OiJK.% i vying, }'m'sch y, 12 13 14 MS. YATES: Do I need to swear anybody in? 14 15 Is that something that needs to be done in this 15 16 particular -- - 16 17 MR. YOUKLIS: The city attorney should do 17 18 that. 17 19 MR. FEINGOLD: Would all witnesses please I18 19 20 stand. 20 21 Are you going to do it, madam clerk, or do !21 22 you want me to do it? 22 23 THE CLERK: Please raise your right band. 23 24 25 Thank you. (Thereupon, all parties wishing to testify were duly 24 25 4 The zoning map would be amended in order to create an overlay over the existing underlying zoning. That process is like any other rezoning. The planning board public hearing recommendation, then an ordinance in front of the city commission for first and second reading. What you have today is the historic board recommending the designation of an historic building at 7221 Southwest 58th Avenue. The actual building is the Bougainvilla Tavern. There are two structures on the site. And the structure that's being designated is one of the structures. And that's the actual address of 7221. The legal address of the entire site is 7211. The designation came before the historic board on February 22nd in 2010. And by a vote of eight to zero they're recommending designation. And attaches an excerpt from that meeting of the historic board of a couple of weeks ago concerning the designation. If important to note that this designation did come up in 2006, at which time the Bougainvill and the next door property, the Hanging Basket !, 5 was part of the overall designation. At the meeting of the historic board in 2006, the board declined by a four three vote I believe to make it -- to recommend historic designation. Now, three years later, several members of the board wanted to bring this up again, limit the designation to the Bougainvilla Tavern and they also requested a new designation report be written. So you have before you as a designation report our consultant; Carolyn Klepser, consultant to the -- historic preservation consultant to our staff has prepared the designation report and will give you a brief synopsis of the history and why this is -- she's recommending that it is eligible for designation as a historic -- a designated site. I will throw -- is there any particular order of the photographs I should show -- okay. I'll follow your lead as you talk. MS. KLEPSER: That will be fine. Good evening. I'm Carolyn Klepser. I live in Miami Beach. And for about the last 14: years I've been doing historic architectural research for Veritext Florida Reporting Co. 800 - 726 -7007 305 - 376 -8800 3 1 sworn.) 1 2 MR, YOUKLIS: Someone should read it in 2 3 the record. 3 4 THE CLERK: First application, PB -10 -002. 4 5 The applicant is the City of South Miami, the 5 6 Historic Preservation Board. 6 7 "An Ordinance of the Mayor and City 7 8 Commission of the City of South Miami, Florida, 8 9 relating to a request to amend the official 9 10 zoning map of the City of South Miami Land 10 11 Development Code by designating a commercial 11 12 building located at 7221 SW 58th Avenue as an 12 13 historic site and by placement of an Historic 13 14 Preservation Overlay Zone (I[P -OV) over the 14 15 existing zoning use district for this property; 15 16 providing for severability; providing for 16 17 ordinances in conflict; and providing an 17 18 effective date." 18 19 Staff would you like to -- 19 20 MR. YOUKLIS: Most of you probably know 20 21 the location of this building but this 121 22 procedure is standard after an historic board 122 23 makes a recommendation of a designated site. I23 24 It now translates into a zoning -- a rezoning 124 25 or a change in the zoning code. ;25 4 The zoning map would be amended in order to create an overlay over the existing underlying zoning. That process is like any other rezoning. The planning board public hearing recommendation, then an ordinance in front of the city commission for first and second reading. What you have today is the historic board recommending the designation of an historic building at 7221 Southwest 58th Avenue. The actual building is the Bougainvilla Tavern. There are two structures on the site. And the structure that's being designated is one of the structures. And that's the actual address of 7221. The legal address of the entire site is 7211. The designation came before the historic board on February 22nd in 2010. And by a vote of eight to zero they're recommending designation. And attaches an excerpt from that meeting of the historic board of a couple of weeks ago concerning the designation. If important to note that this designation did come up in 2006, at which time the Bougainvill and the next door property, the Hanging Basket !, 5 was part of the overall designation. At the meeting of the historic board in 2006, the board declined by a four three vote I believe to make it -- to recommend historic designation. Now, three years later, several members of the board wanted to bring this up again, limit the designation to the Bougainvilla Tavern and they also requested a new designation report be written. So you have before you as a designation report our consultant; Carolyn Klepser, consultant to the -- historic preservation consultant to our staff has prepared the designation report and will give you a brief synopsis of the history and why this is -- she's recommending that it is eligible for designation as a historic -- a designated site. I will throw -- is there any particular order of the photographs I should show -- okay. I'll follow your lead as you talk. MS. KLEPSER: That will be fine. Good evening. I'm Carolyn Klepser. I live in Miami Beach. And for about the last 14: years I've been doing historic architectural research for Veritext Florida Reporting Co. 800 - 726 -7007 305 - 376 -8800 1 6 1 1 the City of Miami Beach and for individual 1 2 architects. This is the second property rve 2 3 researched in the City of South Miami. 3 4 As Mr. Youklis said, that it was brought 4 5 up for historic designation in 2006 and was 5 6 unfound by the board at that time. But I was 6 7 able to do more extensive research at that 7 8 time. And in the previous designation report 8 9 there were several statements that were made 9 10 that were suppositions and guesswork that for 10 11 the research has shown to have been wrong 11 12 guesses. 12 13 So I want to share with you, not to 13 14 disparage, the previous report, but I want to 14 15 share you with facts that I had uncovered about 15 16 the property. And I do -- my role is to do the 16 17 research and to present it to you. Your city 17 18 has set up the criteria for designation and are 18 19 free to decide if you feel the property meets 19 20 the set criteria. 20 21 I have two handouts that either I can give 21 22 out or someone else could band out, one for 22 23 each of the seven of you. One is a plat map 23 24 from 1965 where the subject property is 24 25 outlined. And it helps you put it into 25 7 1 context. The other is an aerial photograph 1 2 from 1954, which is the earliest photographic 2 3 image I've located of the building to show how 3 4 little the exterior has apparently been altered 4 5 since that time. 5 6 I started my research with a deeds search. 6 7 Deeds are not referenced in the previous 7 8 bibliography of previous research, but I looked 8 9 in the deeds and found that this -- and also 9 10 early plat records, this property is located in 10 11 the W.A. Larkins subdivision. You can see on 11 12 the plat map we're handing out. And I 12 13 recognize the name of Wilson Larkins who is the 13 14 namesake of the town of Larkins which later 14 15 became South Miami. 15 16 Mr. Larkins platted the subdivision in 16 17 1915. The subject property occupies lots 51 17 18 and 52 in the Larkin subdivision, so you can 18 19 see it on the plat map. 19 20 These two lots I found in these records 20 21 that these two lots were sold by Mr. Larkins 21 22 himself to a man named Abia Core in 1936. 22 23 There was a supposition in the previous 23 24 research that the land at some time had 24 25 belonged to Mr. Core and his business partner 125 3 (Pages 6 to 9) e Walter Eigsti. Mr. Eigsti according to census records had returned to his home state of Iowa by 1930, so that was untrue. The land was sold to Mr. Core in 1936. I did further research on Abia B. Core and found also from census records in his obituary that he and his wife Janette, his first wife, came here from Iowa about 1924. He bought a lot on Red Road in 1924. And he also bought, and this is more relevant, he bought lot ten in the Larkin subdivision in 1925. And on the plat maps that have been handed you'll see that Iot ten is directly north of the subject property. So Mr. Core owned the corner lot that sits at the comer of 58th Avenue and Sunset Drive, and that's where there is a Starbucks right now. He bought that lot ten from a man named William McCarty who had bought it directly from Wilson Larkins less than a year before. Mr. Core and his wife Iived on Sunset Drive, but in the early city directories and census records street numbers, house numbers are not given as part of the street address, just the name of the street is given so its a hard to pinpoint exactly where people live. The fast city directory that specifies street numbers is the one published in 1941. And in 1941 Mr. Core was living with his second wife at that time at what was then called 42 Sunset Drive. Also the street numbering system changed in the 1950s. But he was living on his property on lot ten in 1941. Mr. Core's first wife committed suicide in 1930 and in 1933 he married a divorcee named Billy Burton who had a teenage son named William. Mr. Core worked running a luncheonette on US 1. And as I mentioned before in 1936 he bought lots 51 and 52 where the Bougainvilla Tavern stands. He bought them directly from Wilson Larkins. Now, the first building permit records in the South Miami files is this building permit issued to A.B. Core on June 20th, 1945. And to read it -- to quote it, it says, "It's a permit to move garage" -- and the numbers are a little smeared, but it looks like "20 by 32 from lot ten to lots 51 and 52 of the W.A. Larkins subdivision and add to it to make a 32 by 40 i..r:r. 4-- 11 Veritext Florida Reporting Co. 800- 726 -7007 305- 376 -8800 4 (Pages 10 to 13) 1 10 1 1 - I think this building permit was 1 2 misinterpreted in the previous report. The 2 3 supposition was made that there was an 3 4 earlier -- and Pro quoting from the minutes of 4 5 the 2006 meeting, that the original owner and 5 6 circumstances of its construction are not known 6 7 at this time, but it seems clear to me that 7 8 this building was constructed in 1945 by A.B. 8 9 Core out of an older garage that be moved from 9 10 his own lot to this location and built 10 11 appendages to that garage to create a 32 by 40 11 12 foot rectangular building, which is the 12 13 footprint we see today and you see in the 13 14 aerial photograph. 14 15 It also says -- it also refers to its date 15 16 of construction of 1953, but that's confused to. 16 17 the building next door which was built in 1953. 17 18 This building was built in 1945. 18 19 She also said in the previous report "The 19 20 addition of the garage structure in 1945 which 20 21 seems to have been appended to the existing 21 22 building,' there is no record of an existing 22 23 building on this site. There is no record of 23 24 its construction. There is no record of a 24 25 demolition of anything on this site at that 25 11 1 time. 1 2 So I don't know the basis of the 2 3 suppositions that were made before. It seems 3 4 clear to me that this building was constructed 4 5 from an older garage in 1945. There is a 1947 5 6 plat book that is in the historical museum and 6 7 is not allowed to be copied, but it is color 7 8 coded and shows that -- it's color coded by 8 9 building type. And it shows this building as a 9 10 frame building. It's colored yellow, so this 10 11 was documented in 1947 as a frame structure. 11 12 Its style, as they said in the previous 12 13 research, I don't disagree with that. It is a 13 14 frame vernacular building, which is a 14 15 nonacademic style which it doesn't require any 15 16 architectural design often made by craftsmen or 16 17 skilled carpenters. By frame building, a wood 17 18 frame building we mean that the structure is 18 19 wood. The outside skin or side is probably not 19 20 of wood. It may be of cement asbestos. 1 20 21 don't know what's it's made o£ It's not that 21 22 that information is unavailable but if some of 22 23 that was needed, of course I pull it up. So 23 24 the information is available, but it has not 24 25 been available to me. 125 12 The siding at any rate is made to look like wood. It's made with 12 -inch wide horizontal planks made to resemble wood, but the interior woodwork is very clearly of wood. And the picture that's coming up now, this is from the planning department files from 1997 prior to when it became the Bougainvilla Bar which shows this woodwork, the walls and the floor and there is also a pinched ceiling with wood. It is not just put in by the current tenant. There is a type of a large wooden bar that fills most of the main room of the building, and that was made by the current tenant. It was built by the current tenant as it says on his web site that it was made of all wood. I don't know the source of it, but he does document on his web site that the bar was constructed of old wood. I don't know what other pictures are coming up here. There is another photo, I guess the one after this. This one is also from that 1997 file. And you see that's before the — well, before it was painted brick red, and also before the bar kind of added all that. 13 You can see the sloping roof that's on the rear elevation. You see that very clearly in the aerial photograph from 1954 that I passed out to you. The picture will be coming up pretty soon. Yes, this one. This shows the wooden bar, that wooden bar extension. Getting back to the story of Mr. Core, he bought this lot and moved the garage in 1945 and in January'46 he sold his corner lot. He sold his lot and he and his wife moved into this house. In 1950 he sold the eastern 50 feet of both lots. The eastern 50 feet of lots, 51 and 52, so you see the little line drawn across there on the plat map. He sold the eastern end of those lots. And three years later in 1953, possibly with the money he made on the sale,l built the next door building to the subject building. We're talking about 7221 58th Avenue, the house at 7211 58th Avenue, it's a little one -story commercial building that Mr. Core built in 1953. And he ran it as a coffee shop. That building is not included in the present designation. Mr. Core died in 1961. And at that time Veritext Florida Reporting Co. 800 - 726 -7007 305- 376 -8800 5 (Pages 14 to 17) Veritext Florida Reporting Co. 800- 726 -7007 305- 376 -8800 14 16 1 or soon thereafter his wife conveyed this house 1 contributing buildings that were identified in 2 to her son, William Burton. And he was there 2 the 1993 hometown plan. Of that ten, those 3 through 1975, so it was in the family for 30 3 buildings recommended in that plan were 4 years. That summarizes the research I 4 recommended to be preserved for their historic 5 uncovered. 5 value. Two of those buildings of the ten had 6 1 see my job is to present the facts to 6 been demolished. The remaining eight have been 7 you. If I make educated guesses, I try to back 7 designated historic are in the process of being 8 them up with facts. As I said, the city has 8 designated like this one. So the designation 9 set its own criteria for designation. And it's 9 report as to history, and I would also mention 10 up to you to decide if you feel the property 10 that under staff observations we're required to 11 meets the criteria. I feel it meets criteria 11 state that the designation does not require any 12 A, criterium A which means it has integrity of 12 change in the underlying zoning district. That 13 materials, location, feeling and association. 13 remains the same. And of course the 14 Many people comment when they go inside this 14 designation is compatible with the 15 building it's like entering another time. It's 15 comprehensive plan land use goal of preserving 16 memories of old Florida and the wood frame 16 historic resources. And the designation has 17 construction that was prominent in past times. 17 been done in accordance with the procedures in 18 Criterium C means there is association 18 the land development code. 19 with significant persons in our past. It's 19 And with that, we recommend approval of 20 been mentioned that Mr. Core was not a very 20 the designation of this property. 21 significant person, but I would argue that he 21 MS. YATES: Thank you very much. I'd like 22 was very typical of the people who pioneered 22 to open the public hearing. Is there anybody 23 this town. He carne here in the'20s as many, 23 in the audience that would like to speak on 24 many people did from the midwest and many from 24 behalf of this item? 25 Appalachia. Many were hard scrabble farmers 25 MR BASS: Madam Chair, Members of the 15 17 1 who came here on the new railroad. These are 1 board, good evening. Jeffrey Bass is my name, 2 the people who built your city. 2 46 Southwest Iat Street is my address. I'm 3 George Washington never slept here. We 3 joined today by professor George Hernandez. We 4 can't expect to find great monuments of our 4 are here, and we will be very brief to ask you 5 world famous people here, but these are the 5 to recommend to the city commission against the 6 people of your own history. These people you 6 designation of this property. This is an 7 need to decide if they are significant to your 7 application for what I would call involuntarily 8 history or not. 8 designation. The owner is opposed to it. The 9 Not all historic buildings are great 9 city is seeking to designate it against the 10 landmarks. Many of them are the building of 10 owner's request. And we would quite simply 11 everyday life, such as this one. 11 say, and Professor Hernandez will explain, that 12 The last criterium I mentioned is 12 on the merits of this building studied through 13 criterium D which states that it's a 13 the lens of your standards the building fails 14 distinctive type of architecture. And this is 14 to satisfy the standard for designation even if 15 quite a good example of a frame vernacular 15 it is cute and charming. I believe those are 16 building. 16 not operative standards that you apply when 17 I think that's all I have to say, unless 17 determining whether or not a building is 18 anyone would like to pose a question. 18 historically significant. As a lawyer, I know 19 MR. YOUKLIS: Pll finish up the 19 that many members of you like not to hear a lot 20 presentation with a quick -- when you look at 20 of talk from lawyers, so I'm going to be very 21 page two on the top you'll see -- this 21 brief and make a few housekeeping remarks then 22 designation is one of a series of one that has 22 turn it over to Professor Hernandez. 23 been done by the historic board over the last 23 In 2006 I represented the owner before the 24 three years -- four years. It's important to 24 Historic Preservation Board and successfully 25 note this is the -- is one of the ten 125 impressed upon that board then that the Veritext Florida Reporting Co. 800- 726 -7007 305- 376 -8800 6 (Pages 18 to 21) Veritext Florida Reporting Co. 800 - 726 -7007 305- 376 -8800 18 20 1 building failed to satisfy the standards in the 1 contribution to the neighborhood I think it's 2 code. 2 important to understand that the only material 3 There has been no material and significant 3 change that has happened in this neighborhood 4 change in circumstances between this hearing 4 has been the construction of a rather 5 and that hearing so as to justify a different 5 significant multi -use parking garage 6 result. We believe at the end of the day when 6 immediately adjacent to this since the time of 7 all the evidence is in, the historic 7 the last application further degrading to the 8 presentation board got it correctly last time 8 extent that any historically significant 9 based on the facts. This time it got it 9 content could prevent further modernizing and 10 incorrectly. We know we're going to the city 10 can disrupt the astelic pattern that surrounds 11 commission in any event, but I would like to as 11 the structure. 12 a housekeeping matter make sure that the record 12 With that Pm going to introduce Professor 13 of the 2006 proceedings are included in the 13 Hernandez. I will ask for your recommendation 14 record of this proceeding as well as the record 14 against the designation of this structure as 15 of the proceedings before the Historic 15 historically significant because it fails to 1.6 Preservation Board. 16 satisfy the standards in your code to merit the 17 1 would like to introduce Professor 17 designation. 18 Hernandez to walk you through the standards in 18 Thank you for listening, and with that, 19 your code and talk to you a little bit about 19 Professor Hernandez. 20 the building, and I say this with no disrespect 20 MR, HERNANDEZ: Good evening, Members of 21 to the structure, lack of integrity, and as the 21 the Board. It's a pleasure to be here with you 22 term "integrity" is understood within the 22 tonight. George Hernandez, 337 Pillermo 23 discipline of Historic Preservation when you 23 Avenue, Coral Gables, Florida. That's the 24 hear about the history of alterations to this 24 address. I've been a professor of architecture 25 building, the building materials used in it, 25 with the University of Miami for 23 years. I 19 21 1 the changes that have occurred to it you will 1 head the Department of Historic Preservation 2 find that it fails to satisfy standard A in 2 and I am a trustee, I'm a board and trustee 3 your code to merit - the.designation. - 3 member of the National Trust for Historic 4 Again, with no disrespect to Mr. Core, 4 Preservation and used to chair the Florida 5 Mr. Core is not an individual associated with 5 Historical Commission. 6 any historically significant event. And as we 6 I often take part in proceedings like this 7 talk about historically significant events 7 on the part of saving structures, but I think 8 within the discipline of historic preservation 8 its very important that we remain very clear 9 he was not an elected official within the city 9 into the objective standards because I think 10 or any other city. He was not associated with 10 when you designate a structure were in fact 11 women's suffrage or civil rights or any other 11 holding it up as an example that many will 12 significant event. 12 study and many will refer to. So if the 13 What the city's consultant has managed to 13 structure lacks integrity or its character has 14 do is to identify an owner of an old building 14 been significantly altered, then a designation 15 but every old building will have an owner that 15 actually speaks against the weight and the 16 you can identify. And simply because you can 16 importance of historic designations and of 17 tell the story of an owner of an old building 17 saving the structures that are truly historic. 18 does not transform that owner or that owner's 18 1 would like to report the subject 19 ownership into a historically significant event 19 property which you have seen, 7221 Southwest 20 to merit the designation of the property. 20 58th Avenue does not in my opinion meet the 21 Again, no disrespect to Mr. Core, but 21 objective criteria for historic designation. 22 simply we're not talking about the merits of 22 The property was originally considered, as you 23 Mr. Core, we're talking about the historical 23 know, for historic designation and denied in 24 significance of this building. As it relates 24 2006 and then again considered in February of 25 to the context of the building and its _ 25 2010 and the designation by the board was then Veritext Florida Reporting Co. 800 - 726 -7007 305- 376 -8800 w 7 (Pages 22 to 25) 24 before you and you imagine the roof being another material and the walls being another material, we start to lose the main character of the building, particularly when were talking about vernacular architecture because it is an architecture as has been stated but it's not an academic tradition of architecture, therefore, there are very few details. So when you change the very few things that you have i make a building of, which is its siding, the connecting of the siding and the true character of the building, then you really start to lose what you had in the first place. On page six of eleven, the top paragraph in speaking about the windows. It says "Windows throughout are a sash type, mostly eight over eight panes and probably date to 1945. The window configuration on the east elevation is not just that seen in the 1954 aerial photograph. I believe that's what was passed out to you earlier today. If you look carefully at the photograph, it would be very difficult to see the configuration of the windows in that photograph, but the windows are in fact 25 aluminum double hung windows, not typical of wood frame vernacular structures and not typical of the dates for which the structure -- when the structure was supposedly built. So neither the roof nor the windows nor the wood siding are original. Then, lastly, it says on the interior of the front door opens to a large room with a furrow brick nonworking fireplace. Two smaller rooms open off the southern end of the main room with large floor beams and archways setting them apart. There are sections of wood and shelvings among the upper walls. Most of the main room is taken up by wooden bar structures and dates from the conversion of the property into a tavern years ago." I would imagine that was when it was turned into the Bougainvilla Tavern but it doesn't clearly say that. The point is that, yes, the interior is wood, but the interior has been severely altered as well. Very large expanses of interior structural wood bearing partitions have been removed. For this reason large beams have had to be inserted. There is a very odd configuration of the shapes of the Veritext Florida Reporting Co. 800- 726 -7007 305- 376 -8800 22 1 granted. 1 2 The material events that would support an 2 3 objective understanding of the criteria for 3 4 historic designation of this site is, was and 4 5 still remains bait. I would like to read some 5 6 excerpts from the report that was presented to 6 7 you. 7 8 At the bottom of the first page of this 8 9 report where it states statement of 9 10 significance. It states, well, the Historic 10 11 Preservation Board of South Miami ruled this 11 12 site a historic designation in 2006 for the 12 13 research has shed more light on the origins and 13 14 bears for consideration. 14 15 The first documented building owner was 15 16 rnerchant and restaurant owner Abia B. Core who 16 17 settled in South Miami in the 1920s, but the 17 18 building chief merit is its architecture. So 18 19 therefore the report stresses the merit of 19 20 architecture for the designation of the 20 21 property more so than it does the history of 21 22 the person of Core although one of the criteria 22 23 does mention Core. And we heard testimony that 23 24 although Core was not a significant individual, 24 125 25 he was a typical individual, nevertheless I 25 7 (Pages 22 to 25) 24 before you and you imagine the roof being another material and the walls being another material, we start to lose the main character of the building, particularly when were talking about vernacular architecture because it is an architecture as has been stated but it's not an academic tradition of architecture, therefore, there are very few details. So when you change the very few things that you have i make a building of, which is its siding, the connecting of the siding and the true character of the building, then you really start to lose what you had in the first place. On page six of eleven, the top paragraph in speaking about the windows. It says "Windows throughout are a sash type, mostly eight over eight panes and probably date to 1945. The window configuration on the east elevation is not just that seen in the 1954 aerial photograph. I believe that's what was passed out to you earlier today. If you look carefully at the photograph, it would be very difficult to see the configuration of the windows in that photograph, but the windows are in fact 25 aluminum double hung windows, not typical of wood frame vernacular structures and not typical of the dates for which the structure -- when the structure was supposedly built. So neither the roof nor the windows nor the wood siding are original. Then, lastly, it says on the interior of the front door opens to a large room with a furrow brick nonworking fireplace. Two smaller rooms open off the southern end of the main room with large floor beams and archways setting them apart. There are sections of wood and shelvings among the upper walls. Most of the main room is taken up by wooden bar structures and dates from the conversion of the property into a tavern years ago." I would imagine that was when it was turned into the Bougainvilla Tavern but it doesn't clearly say that. The point is that, yes, the interior is wood, but the interior has been severely altered as well. Very large expanses of interior structural wood bearing partitions have been removed. For this reason large beams have had to be inserted. There is a very odd configuration of the shapes of the Veritext Florida Reporting Co. 800- 726 -7007 305- 376 -8800 23 1 think the ordinance uses the word "significant" 1 2 and not typical. 2 3 1 Under architectural designation in the 3 4 first paragraph, section six -- I'm sorry, 4 5 section 3, page five. 5 6 MS. YOUNG: Down at the extreme bottom. 6 7 MR. HERNANDEZ: Oh, thank you very much. 7 8 Page five, Under architectural distinction it 8 9 says "The most striking feature of the subject 9 10 building is the beauty and craftmansbip of wood 10 11 used throughout. The exterior walls now 11 12 painted red are overlapping horizontal planks 12 13 at least 12 inches thick. The exterior walls 13 14 are not wood. They are a fiberglass composite 14 15 material atypical of the dates we talked about. 15 16 So everything that you see in all these images 16 17 which is painted red brick and which was called 17 18 out for in the report as 12 -inch wide, which by 18 19 the way, would be extremely wide planks. Wood 19 20 is not wood. It has been changed and it has 20 21 been altered." 21 22 The report then also on page five does 22 23 correctly state "The buildings root is asphalt 23 24 shingle and that is probably not original." 24 25 So, again, if you think of the images 25 7 (Pages 22 to 25) 24 before you and you imagine the roof being another material and the walls being another material, we start to lose the main character of the building, particularly when were talking about vernacular architecture because it is an architecture as has been stated but it's not an academic tradition of architecture, therefore, there are very few details. So when you change the very few things that you have i make a building of, which is its siding, the connecting of the siding and the true character of the building, then you really start to lose what you had in the first place. On page six of eleven, the top paragraph in speaking about the windows. It says "Windows throughout are a sash type, mostly eight over eight panes and probably date to 1945. The window configuration on the east elevation is not just that seen in the 1954 aerial photograph. I believe that's what was passed out to you earlier today. If you look carefully at the photograph, it would be very difficult to see the configuration of the windows in that photograph, but the windows are in fact 25 aluminum double hung windows, not typical of wood frame vernacular structures and not typical of the dates for which the structure -- when the structure was supposedly built. So neither the roof nor the windows nor the wood siding are original. Then, lastly, it says on the interior of the front door opens to a large room with a furrow brick nonworking fireplace. Two smaller rooms open off the southern end of the main room with large floor beams and archways setting them apart. There are sections of wood and shelvings among the upper walls. Most of the main room is taken up by wooden bar structures and dates from the conversion of the property into a tavern years ago." I would imagine that was when it was turned into the Bougainvilla Tavern but it doesn't clearly say that. The point is that, yes, the interior is wood, but the interior has been severely altered as well. Very large expanses of interior structural wood bearing partitions have been removed. For this reason large beams have had to be inserted. There is a very odd configuration of the shapes of the Veritext Florida Reporting Co. 800- 726 -7007 305- 376 -8800 8 (Paaes 26 to 29) Veritext Florida Reporting Co. 800 -72b -7007 305 - 376 -8800 26 28 1 ceiling. It is not typical wood frame 1 material changes and the character giving 2 construction, not of the'20s or the'30s or 2 changes that those material changes would brie 3 the'40s. 3 to the structure. I believe it does not meet 4 We did hear that this building is the 4 criteria A. There is a problem of authenticity 5 product of bringing a garage structure to the 5 and integrity. 6 site, a structure that preexisted before 1945. 6 We discussed also criteria C of the issue 7 And then it was adapted and added onto in ways 7 of whether Mr. Core was a significant person in 8 that aren't clear to us. And it was morphed, 8 the history of South Miami. I really have no 9 let's say, into this house. But that garage is 9 more to add on that. 10 no longer discernible when you look at the 10 But then criteria D I think is important 11 structure. And in 1946, a porch was added. 11 that we spend just a little time on, because I 12 That porch has been closed and is no longer 12 think it harkens back to the notion of the many 13 discernible when you look at the structure. 13 changes which are right now almost impossible 14 Indeed there have been 17 building permits 14 to decipher. And criteria D has to do with the 15 pulled for this structure. There has been a 15 type of architecture that this is. It is a 16 substantial change in the whole material pallet 16 vernacular type of architecture. It says, 17 of the structure. What we probably do have 17 "Embodies the distinctive characteristics of a 18 that is original is some sense of a silhouette, 18 type, period, style or method of construction 19 but little else is known to be certainly 19 or work of a master." Clearly this is not the 20 original in this structure. 20 work of a master, but that is okay. "A work of 21 So with that said -- and then lastly in 21 a master value or that possesses high artistic 22 that page, page six, it says, "Referring to the 22 value or that" -- which this doesn't, but that 23 2006 report, it says that at the historic 23 is okay. "Or that represents a distinguishable 24 preservation meeting in 2006 one of the 24 entity whose components may lack individual 25 arguments made for denying this building's 25 distinction." 27 29 1 historic status is that it sits in an 1 The notion of the study of vernacular 2 environment completely transformed from its 2 architecture is an important movement which 3 original. Today standing just behind Starbucks 3 happened in the 20th century. And it is 4 on bustling Sunset Drive, this wood frame 4 connected to the history of ideas and connected 5 building is incongruous, but one of the values 5 not to the history of, let's say, architectural 6 of historic preservation is to provide us with 6 history with a capital A. For we know well the 7 the touchstones of our past to remind us or to 7 names of the architects and the builders and 8 teach us of the times -- of times that were 8 the patrons. It is the study of the history of 9 different. And I agree with this. I agree 9 the people's architecture, but it is based on 10 with saving buildings that remind us because 10 the integrity of the wisdom and the customs of 11 they are touchstones of our past, but is this 11 buildings that vernacular structures represent, 12 truly that -- is this a touchstone of the past 12 for example, like Charleston Single house is a 13 or has it been so severely altered that what we 13 vernacular structure. A Virginia Eye -House is 14 have is a falsity. The integrity of the 14 a vernacular structure. A South Florida or 15 original building is no more. In fact, what it 15 Caribbean Shotgun House is a vernacular 16 teaches us are a series of lessons that could 16 structure. A bungalow is a vernacular 17 easily be misunderstood because of the 17 structure. They are examples. They exhibit 18 substitutions that have gone on over time. 18 characteristics. They exhibit elements that we 19 Let me just go now to the actual criteria 19 can group together and understand as an entity 20 that it was mentioned. So you had criteria -- 20 and then study and learn from. 21 It said, "Eligibility for designation: The 21 Dell Upton the great scholar on vernacular 22 building meets criteria A, the integrity of 22 architecture in fact also taught us that at 23 location, design, setting, materials, 23 times there are construction techniques which 24 workmanship and feeling and association." 24 come generation past generation and often 25 Well, I just went through all of the 25 travel miles. He actually taught as that many Veritext Florida Reporting Co. 800 -72b -7007 305 - 376 -8800 rA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 30 2 of the joinery in the architecture, in the 1 vernacular architecture of the southern 2 colonies harken back to African joinery 3 techniques. Unfortunately what we have here is 4 a structure that was built out of expedience 5 and was cobbled together. Yes, the garage 6 predates'45. Yes, somehow the garage was 7 brought here and fused into this place that was 8 a house for Mr. Core. Yes, a porch was added. 9 Yes, then the porch was closed. And many other 10 things were done to this, but this structure 11 does not really teach us anything because it is 12 not part of a type or a system of logic of the 13 wisdom of construction which is what we learned 14 from studying vernacular architecture. 15 So I often don't testify against -the 16 designation of historic structures. I never 17 testify against the designation of historic 18 structures, but because I take my work very 19 seriously, I think it's equally important that 20 we don't devalue the weight of designation when 21 the evidence is unclear, the material evidence 22 is unclear and the issues of integrity or 23 authenticity are therefore hard to ascertain. 24 Thank you. 25 31 MS. YATES: Is there anybody else in the I 1 public that would like to speak. 2 Hearing none. I'll call-this back to 3 staff and close the public hearing. 4 Comments from staff or the board? 5 MR. CRUZ: Sandy, I have a question. You 6 said that ten of them were originally 7 designated and two had been demolished. Which 8 were the two that were demolished? 9 MR. YOUKLIS: The lot where the Starbucks 10 is built, there was a historic building there. 11 And then there was a building immediately south 12 of where the Deli Lane is. There was a -- 13 what's now a parking lot at Deli Lane, I 14 believe. I wasn't there, but it's shown as a 15 historic site. And that building was 16 demolished. Does anybody remember that or -- 17 okay. 18 But there was an historic building where 19 Starbucks, and I do remember that. It was in 20 1999. So they disappear, but the historic 21 preservation board has nominated -- has gone 22 through the process for eight of one more next 23 month so that the remaining eight contributing 24 buildings recognized two decades ago may have 125 9 (Pages 30 to 33) 32 some protection. Remember, the designation -- the historic designation in South Miami does not prevent some future new development. Remember, it only allows the most drastic -- if someone wants to demolish a designated buildin€ the only thing the city can do is delay a designation -- I mean, a demolition permit for six months. It gives time for maybe both potential negotiations or finding a reuse. But that's all. Some cities have their designated buildings, cannot be tom down in perpetuity. But this only is a six -month delay. And that's the ultimate thing that a designated site could be subject to. MR. MORTON: Sandy, on the alterations in this they talk about if they want to do that require special approval, certificate of appropriateness. MR. YOUKLIS: Yes, it will. MR. MORTON: So what are the costs associated with going through the Historic Preservation Board and ultimately a solution in that case there are fees involved, costs involved -- MR YOUKLIS: Not to the historic board. 33 Obviously once the historic board approves it, issues a, we call it a certificate of appropriateness, they have to pay for their standard building permit fee. But if you are a designated historic properly, you do not -- there is no fee to go through the historic board. If you need a variance, which happens a lot with this older building, you don't have to pay any fee for that. You don't go through the planning board. The variance is handled by the historic board. And, once again, historic properties do not require any parking. A lot of buildings were built without any parking at all back in the '20s, but if someone puts in a use, it may be more -- requires more parking. An historic building is excused in the parking requirement in downtown, so I just wanted to mention those are sort of like incentives that several owners have chosen to support a designation because of those incentives. MR. MORTON: So the parking in the Tavern is compliant? M% YOUKLIS: Say that again. MR. MORTON: The present parking from the Veritext Florida Reporting Co. 800 - 726 -7007 305- 376 -8800 10 (Pages 34 to 37) Veritext Florida Reporting Co. 800 - 726 -7007 305- 376 -8800 34 36 1 tavern is compliant with code? 1 MR, CRUZ: Are you aware of when these 2 MR. YOUKLIS: We didn't figure it out. 2 changes occurred? 3 Well, it's probably been there, it's like 3 MR. HERNANDEZ: I think it's correctly 4 grandfathered. We haven't figured that out. 4 answered there. There are three roofing 5 There are a number of spaces, but I think ies 5 permits. I don't know which of those roofing 6 limited to six or seven real spaces on the side 6 permits covered the change to the asphalt 7 of the building and in the back. 7 shingle roof. It's also not known because it 8 Based upon -- we just haven't figured it 8 is unclear. Some of the permits have -- I'm 9 out because they have been getting -- they're 9 reading the same document you're reading. The 10 essentially grandfathered, but my initial 10 permits have no -- some of the permits have no 11 feeling it is not, that they probably -- if 11 microfihm record because of their age. And 12 that building was built now, they would require 12 they're described very simply, like plumbing, 13 more parking. 13 but we don't know when the wooden siding was 14 MR. MORTON: Thank you. 14 changed, but it is not wood siding. It is a 15 MS. YATES: Any other questions from the 15 fiberglass composite. 16 board? 16 And the aluminum windows, we don't know 17 MR, CRUZ: Sandy, have any inspections or 17 when they were changed but they're not typical 18 any remodelings happened since the 2006 18 or original of the frame construction. 19 hearing? 1'9 MR. WHITMAN: I have a question for you. 20 MR. YOUKLIS: None that we saw, other than 20 Are you implying that no historic structure 21 there was a roof. We have a list of permits. 21 ever gets its roof fixed? 22 When did you say? 22 MR, HERNANDEZ: No, I didn't imply that 23 MR, CRUZ: Well, from the 2006 to see if 23 What I'm implying is when you're dealing with 24 anything happened there from when it was I 24 vernacular edifice where there were very few 25 guess before us back then when I wasn't here 25 variables that give you the character, the 35 37 1 then. 1 visual character that allow you to understand 2 MR. YOIJKLIS: There has only been four 2 its importance. So we're not talking about 3 permits in the last three years related to 3 high Victorian or Beaux Arts classical 4 painting and roof and a permit related to a 4 edifices. These are very simple edifices, very 5 water and sewer. 5 few variables. And you change just about every 6 MR, CRUZ: Does that show the 17 permits 6 visible variable from the street and you really 7 that he was referring to as part of his 7 lose the character what you're looking at. 8 presentation or have there been that many on 8 MR. WHITMAN: So how would this repaired 9 this property? 9 or replaced roof be significantly different 10 MR. YOUKLIS: Yeah, they would be here. 10 from the original roof? 11 We have all the permits going back into the 11 MR. HERNANDEZ: It would have been a cedar 12 '50,1945. 12 shake. 13 Na. CRUZ: Let me see that. 13 MR WHITMAN: Are there houses in South 14 MR. YOUKLIS: Sure, 1946,'51,'63. 14 Florida that still have original cedar shake 1.5 Mostly plumbing -- mostly plumbing and 15 roofs? 16 electrical. And I believe there was a roof 16 MR. HERNANDEZ: Yes. 17 repatch, three roofing permits. It doesn't say 17 MS. YATES: I just have one more question 18 exactly -- 18 and it may be for the attorney. Do you have 19 MR, CRUZ: When were these modifications 19 any idea what their current plans are for the 20 that he referred to done, the one about the 20 building? 21 outside where the wood was changed to something 21 MR. BASS: For the record, Jeffrey Bass. 22 else as well as the aluminum windows, when was 22 That's the easiest question I've had all day. 23 all this done. 23 I do not. This has happened very quickly the 24 MR. YOUKLIS: We're not familiar with 24 second time around. And there was an ownership 25 that. 25 change between the 2006 owner that I was Veritext Florida Reporting Co. 800 - 726 -7007 305- 376 -8800 11 (Pages 38 to 41) Veritext Florida Reporting Co. 800 -726 -7007 305 -376 -8800 38 40 1 representing and this one, the present owner 1 MR. HERNANDEZ: In terms of the main wood 2 that found my name in the minutes of your 2 beams -- have you been inside the tavern? 3 meeting and said I think this is happening 3 MR, CRUZ: Yes. I have only gone to 4 again. TVs moving quickly, can you go down 4 drink. I haven't gone to look at it. 5 there and protect our rights. 5 MR. HERNANDEZ; If you're standing looking 6 MR. YOUKLIS: Through the Chairman, can I 6 at the bar -- actually, I think I have a 7 ask -- 7 picture of that. One second. If you're 8 MS. YATES: Sure. 8 standing looking at the bar there is another 9 MR. YOUKLIS: Counselor, the name of the 9 room to the right of the bar with a much lower 10 owner is a name -- I just want you to identify 10 ceiling. It's the room that is on the east. 11 the owner. It's identified as 11 And that lower roof is very easily discernible 12 Reemsolic(phonetic). Did I pronounce that 12 from the exterior and the shape of that lower 13 right? 13 roof, which is really very low. It's also 14 MR. BASS: I wouldn't dare to correct the 14 discernable from the interior. 15 pronunciation of that. 15 There is -- if I can, I'll approach you. 16 MR, YOl1KLIS: Does this represent any 16 You see this, this span which is about a 17 particular property owner? 17 30 -foot span and you see these columns 18 MR. BASS: This is the owner. It's owned 18 introduced here. These are totally atypical of 19 by a company. I can tell you that the 19 construction methods of this here. Yes, this 20 ownership of the company is different than the 20 span. This span which starts here and goes 21 owner who I represented last time. 21 back 30 feet, if you go there and look 22 MR. FEINGOLD: Mr. Bass, is the Bacardi 22 carefully at it, all of this has been reworked. 23 family involved in any way, shape or form in 23 This much of the span unsupported is totally 24 the ownership of this property? 24 atypical of the building traditions of wood 25 MR. BASS: I believe they are the 25 frame architecture of that period. 39 41 1 ultimate -- 1 MR. CRUZ: Okay. 2 MR. FEINGOLD: At the end of the day -- 2 MR. HERNANDEZ: I can leave that for the 3 MR. BASS:- I don't know the corporate 3 record. I guess the answer is, for example, 4 structures or whatnot, but at the end of the 4 you know, plywood doesn't start to become 5 day I would for the record make it very clear 5 prevalently used in South Florida construction 6 that the ownership is totally irrelevant. 6 until the 150s. AIuminum windows really don't 7 MR, FEINGOLD: And they have acquired 7 start to be used until then. So there are 8 other properties in South Miami? That's not 8 elements of modern windows and doors and 9 beyond your knowledge? 9 materials which if you are a construction 10 MR. BASS: That is beyond my knowledge. 10 professional or you studied historic buildings, 11 MR. FEINGOLD: Do you have any 11 you know that these are not the kinds of 12 knowledge -- 12 materials that were used in fine vernacular 13 MR. BASS: This is it. I got the call and 13 wood frame houses. 14 I'm here on this matter because I was here on 14 You know, just like if you had a shingle 15 this matter last time. 15 house, if you had a wood frame house up north 16 MS. YATES: Any other questions? 16 and the wood siding is leaking, you get 17 MR. CRUZ: I'm looking at these permits. 17 aluminum siding, well, you know that aluminun 18 Almost everything here is plumbing, roofing nor 18 siding may cure the humidity problem, but if 19 electrical. I don't see anything related to 19 you were going to make that structure historic 20 windows. I don't see anything related to the 20 and it had aluminum siding you would say the 21 modification that he said about the main wood 21 aluminum siding is not typical of wood frame 22 beams that were removed, then they had to add 22 construction, whether you are here or up north 23 some wood main structural beams across. 23 or if these are materials that I don't know 24 Everything that you're referring to, where did 24 when they were added. The permits are not 25 you get your information from? 25 clear. They are not typical materials of Veritext Florida Reporting Co. 800 -726 -7007 305 -376 -8800 14 %L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Y G I V Z J f 42 vernacular wood frame architecture. 1 The report says this is a fine example of 2 wood frame architecture. They are modern 3 materials and sometimes very common modern 4 materials. The doors are all very common 5 off the -shelf kind of doors that have been put 6 there over time to create -- to solve problems, 7 leaks, this and that, but it is not the fabric 8 of the original structure. It has lost its 9 material character. 10 MR. CRUZ: So -- I just -- so really your 11 research was basically you going out to the 12 site. It wasn't based on building permits or 13 anything like that. It was just observation. 14 MR. HERNANDEZ: Both. I looked at the 15 permits and I also inspected the site. 16 MR. CRUZ: I didn't look at those maybe as 17 closely as you did, but did you see any permits 18 related to the structural modifications? 19 MR. HERNANDEZ: No. 20 MR. CRUZ: But you believe that they were 21 done though, correct? 22 MR. HERNANDEZ: Yes, absolutely. 23 MR. CRUZ: Okay. 24 MS. YOUNG: One question please. In 25 43 reference to the bar, can you discern that the bar and that it was made of all wood that was saved from.the'208 ?... _ .. . MR. HERNANDEZ: I can't. I didn't spend that much time in there. I've been there twice, one, about a week- and -a -half ago just for this purpose and once about three years ago, but back then I was drinking. I was patronizing the establishment. But I can tell you that the truth of the matter is whether that's recycled Dade County pine or not because the bar is not original. It factors very little in the integrity, in the issue of integrity. MS. YOUNG: Am I right in assuming that you are agreeing with the findings of Arva Moore Parks in this report? MR. HERNANDEZ: Yes. She is a very fir preservationist and historian. And some of the points that I made, in fact, were made exactly to the contrary of the current report in the last hearing, both by the person writing the designation and by two individuals that testified, Arva Moore Parks and Rocco Chail. MS. YOUNG: Thank you. 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 2' 5 44 MS. YATES: Any other questions, commen I'll close this. May I have a motion? MR. WHITMAN: Motion to approve. MS. YATES: I have a motion. Do I have a second? No second, so that fails. Do I have another motion? MS. YOUNG: Motion to deny. MS. YATES: Do I have a second? MR. COMENDEIRO: I second it. MS. YATES: From my right, Mr. Whitman. MR. WHITMAN:, No. MR, COMENDEIRO: Comendeiro, yes. MR. CRUZ: Cruz, yes. MS. YOUNG: Wilson -Young no. MS. YATES: Yates, yes. This is a motion to deny the designation. MS. YOUNG: Wilson - Young, no. MS. YATES: Yates, yes. MR. MORTON: Morton, yes. MR. FARFAN: Farfan, yes. MS. YATES: Motion carries. MR YOUKLIS: This item will go before the city commission, but we don't know when. It 45 depends on their schedule. (Thereupon, the Historic Preservation Meeting adjourned. at 8:45 p.m.) .. Veritext Florida Reporting Co. 800 -726 -7007 305- 376 -8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE I, KRISTIN RUDD, Certified Shorthand Reporter, certify that I was authorized and did stenographically report the foregoing proceedings and that this transcript is a true record of the proceedings before the Court. I further certify that I am not a relative, employee, attorney, or counsel for any of the parties nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor am I financially interested in the action. Dated this 25th day of March, 2010. KRISTIN RUDD, CSR 800 -726 -7007 Veritext Florida Reporting Co. 305- 376 -8800 To: Honorable Chair & Planning Board Members From: Thomas I Vageline Planning and Zoning Directo 1 rffl � �M Date: March 9, 2010 RE: LDC Map Amendment —HP -OV (historic Designation) 7221 SW 58 Ave.. PB -10 -002 (HPB -10 -002) - Applicant: City of South Miami (Historic Preservation Board) An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 7221 SW 58 Avenue as an historic site, and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY The Historic Preservation Board at its February 22, 2010 meeting reviewed an historic designation report for a commercial building located at 7221 SW 58 Avenue. The building is the Bougainvillea Tavern which is one of two structures on a site with the legal address of 7211 SW 58 Avenue. The commercial building address being proposed for designation is 7221 SW 58 Avenue. Following a public hearing the Board adopted a motion recommending that this building be designated an historic site. APPLICABLE REGULATIONS The Land Development Code provides that an historic designation recommendation must be enacted as a zone map, change. The "HP -OV" Historic Preservation Overlay zoning district is superimposed as an overlay over the existing underlying use zone. The procedures in the LDC require the Planning Board to hold a public hearing on all designations recommended by the Historic Preservation Board. (Section 20- 5.17(E). HISTORIC PRESERVATION BOARD ACTION Attached is the Desianation Report for 7221 SW 58 Avenue which was approved by the Board at its February 22, 2010 meeting by a vote of 8 ayes 0 nays. Attached is an excerpt from the minutes of the meeting concerning the designation. It is important to note that in 2006 the Historic Preservation Board did consider the designation of the same site. The 2006 designation at that time included both structures on site, the Bougainvillea Tavern and a smaller building where the Hanging Basket store was located. The Board at that time, based upon a number of concerns, did not recommend designation. The proposed designation did not proceed any further. A copy of the Board's March 20, 2006 minutes concerning the designation is attached for your background information. LDC HP -OV Rezoning March 9, 2010 n., V csrsaiv v ausi - -- - p g The historic designation of the Bougainvillea Tavern is art of a series of downtown buildings recommended for designation by the Historic Preservation Board. It is important to note that the tavern building is identified in the "Hometown Plan" (1993) as one of ten "contributing buildings" having significant historic value which should be preserved. Two of those buildings have been demolished and the remaining eight have been designated historic or in the process of being designated. The Designation Report contains a detailed history of the building and includes photographs. The attached designation report describes the architecture of the building (pp.5 -6) The City's preservation consultant determined that the structure meets three of the criteria for historic designation (pp. 6 -7). STAFF OBSEI2VATIOI�S (1) The building at 7221 SW 58 Avenue is identified as a "contributing building" in the Hometown District Plan and Overlay District. (2) The Designation Report and the procedures followed by the Historic Preservation Board are in accordance with the current LDC regulations governing historic site designations. (3) The designation of historic sites is compatible with several Future Land Use Element goals and objectives contained in the City of South Miami Comprehensive Plan: ® Objective 1.2 Preserve historic resources by experiencing no demolition or reconfiguration of specified resources ........... (4) The alteration, renovation, remodeling, or landscape change affecting the exterior of a designated historic building will require special approval in the form of a "certificate of appropriateness" (COA). This approval requires a review by the Historic Preservation Board and final approval by the City Commission. The Designation Report contains a section entitled Design Review Guidelines (pp. 7 -8) which establishes architectural guidelines for the review of future certificates of appropriateness. (5) The proposed designation will not require changes to any of the dimensional standards or permitted uses currently applicable to the area's underlining SR(HD -OV) Specialty Retail, Hometown District Overlay ) zoning district. RECOIV MENDATIO� It is recommended that the historic designation and the placement of an "HP -OV" district over the existing zoning district for the building at 7221 SW 58 Avenue, the Bougainvillea Tavern be approved. Attackments: Designation Report Historic Preservation Board Minutes Excerpt 2 -22 -10 Historic Preservation Board Minutes Excerpt 3 -20 -06 Public notices TJV / /SAY X:\PBTB Agendas Staff Reports\2010 Agendas Staff Reportsl3- 9- 10\PB -10- 003 722158 Av HP -OV Report.doe �. � _ Y w ; .. ? . , I C .i. '. rk REGULAR MEETING I. Call to order: Ms. Clyatt called the meeting to order at 7:30 p.m. 1I. Roll Call: Roll call was performed. Board members present constituting a quorum: Mr. LaMonica, Ms. Shelley, Mr. Ruiz de Castilla, Mr. Hochstim, Ms. Clyatt, and Mr. Kurtzman, Ms. Dison, and Ms. Lahiff. Board members absent: None City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford Youklilis (Consultant), Lourdes Cabrera - Hemandez (Principal Planner), and Maria Stout -Tate (Administrative Assistant II). (A) HPB -10 -002: 7221 SW 58 Avenue (Bougainvillea Tavern ® Review of Historic Site Resignation Report e Public comments ® Designation action Discussion: Mr. Youkilis explained that the designation of this site was first considered in 2006 and was not approved. The current Board in 2009 requested that the designation of the tavern building be initiated again. Mr. Youkilis then introduced Ms. Carolyn Klepser, Cultural Resource Consultant. Ms. Klesper provided information on the property located at 7221 SW 58 Avenue (Bougainvillea Tavern) showing how and why it could be designated as a historic site. Ms. Shelley inquired if the fireplace was authentic. Ms. Klepser stated that she could not go into the building to see it from the inside but knew that the outside bricks were real. PA Ms. Lahiff wanted to know why the 2006 report reviewing the same property did not recommend approval. She asked if the difference was due to the fact that this report only addressed the Bougainvillea Tavern. Ms. Clyatt responded by saying yes. Mr. Youkilis stated that the under the Land Development Code if this Board finds this property as being historic then the next step would be to go in front of the Planning Board and then the City Commission. Ms. Clyatt asked the property representative to come forward and speak to the Board. The representative Mr. Jeff Bass, Esquire, stated that the Board should not approve this application due to the fact that the building on this site is not truly historic. He stated that his client would not want to have the property designated historic. He stated that there really isn't any conclusive evidence that shows this property being of a historic origin. He stated that there was some information that Ms. Klesper reviewed in her presentation that was incorrect. Mr. Bass stated that if the Board could not conclude that this site was historic in 2006, then it should come to the same conclusion this time around. Mr. Bass gave the Board three different documents supporting his statement. (E -mail from Carolyn Klesper to Rocco Ceo, AIA, an e -mail from Ellen Uguceioni to Sanford Youkilis, and a letter from Rocco Ceo, AIA), stating that the property was not historic. Mr. Kurtzman asked Mr. Bass what he was referring to as a significant impact to their property rights in the City of South Miami. Mr. Bass answered that it would be entirely a new regulatory regime and would greatly decrease the potential to redevelop the site. Mr. Kurtzman stated that the significant impact would be the regulatory issue of "demolish ", and that any rebuilding would have to come forward to this Board. Mr. Kurtzman stated that demolition could only be delayed for 6 months. Mr. Bass stated that it would still be a significant impact to their client. Ms. Klesper then commented on the questions which were raised by Mr. Bass. Mr. Hochstim inquired about Mr. Bass's legal opinion about the rights of this Board to go back and look into the designation of this property. He asked staff if the Board had the right to review if the designation was not approved in the past. Mr. Youkilis stated that the Board had a right to review any property for reconsideration of an historic designation. If the property would have been reviewed by the City Commission, and denied for historic designation, then you have to wait one year to review the item again. Mr. Ruiz de Castilla stated that in his opinion the designation issue carne back to this Board because the past report had been flawed. Ms. Shelley interjected and. stated that she did not believe that the report was flawed and stated that she did not want Mr. Ruiz de Castilla to speak on her behalf. Mr. Hochstim stated that the importance of this building is that it is the last residential structure located in downtown South Miami. This building is important to the past history of South Miami. Mr. Hochstim stated that he would like to see this building restored and preserved to its original vernacular state. This building is worthy of historic designation. Mr. Ruiz de Castilla stated that he felt the same way. The important fact is that this building was created during the early history of South Miami. The designation is not only to the building, but also to the people who built the actual structure. Ms. Lahiff stated that she too felt very. strongly about placing an historic designation on this property. She agreed with Mr. Hochstim and Mr. Ruiz de Castilla. Ms. Dison stated that the Board has been very successful to designate various buildings and this Board has felt that it has been very significant in making sure that buildings that have been built in the 20's and 30's are still around for the sake of history. It is very important to leave a part of history preserved for generations to come. Ms. Clyatt opened the public hearing. SPEAKER ADDRESS SUPPORTS/OPPOSES Sharon McCain Not Given Supports Ms. McCain stated that she felt that a historic designation for the Bougainvillea Tavern would be a very good thing for the history of South Miami, and she would support such an effort. Ms. Clyatt closed the public hearing. Motion: A motion was made by Mr. Kurtzman to approve the historic designation of the property located on 7221 SW 58 Avenue also known as Bougainvillea Tavern. Seconded by Mr. Ruiz de Castilla. Vote. 8 ayes, 0 nayes Motion passed. Ms. Clyatt asked if this item will go in front of the City Commission. Mr. Youkilis stated that it would go before the Planning Board first and then it would appear on the City Commission agenda. YAWS Historic Bd\HPB Excerpt Minutes12009 Expert Minutes \02.22- 20109WB_Excerpt Minutes-02-22-20 10-Draft.doo 11 -,rte Action: Ms. Clyatt, Acting Chair called the meeting to order at 3:45 p.m. Roll call was performed. Board members present constituting a quorum: Ms. Clyatt, Mr. Kurtzman and Mr. Cooke - Yarborough. Board members absent: Ms. Chael, Ms. Dison. City staff present: Don O'Donniley (Planning Director), and Sanford A. Youkilis (Planning Consultant), Luis Kruger ( Permit Facilitator) Patricia E. Lauderman (Board Secretary). III, Public Hearing on Designations Determination of Eligibility for 7211 SW 58 Avenue — Hanging Basket Note: Mr. Kruger assisted with the powerpoint presentation conducted by Ms. Ellen UguccionL In addition, Ms. Roberta Dickinson owner of the properties 7211 -7221 SW 58 Avenue brought in her attorney, Jeffrey Bass and a stenographer to make a transcript of the meeting for herself. Mr. O'Donniley explained this item has not been set for a public hearing because the Board requested that the designation report be presented first and based on Ms. Ellen Uguccioni's findings in regards to the eligibility then the Board would determine if to proceed with the public hearing for designation or stop the designation process for the subject properties. Ms. Ellen Uguccioni began her report by providing the physical characteristics of the lots. She noted that the legal description indicated that lots 51 and lots 52 were tied together as a building site from the earliest available records. The frontage of the combined lots is 107'8" on SW 58th Avenue, and the depth is 93.17 feet. Furthermore, a survey dated August 6, 1951, indicated that HPB Minutes March 20, 2006 Page 2 of 4 the residence at 7221, overlapped the two lots, and that the very narrow commercial building at 7211 SW 58th Avenue hugged the north line, and was a distance of only 97" from the side porch of the residence. From this point, to avoid confusion Ms. Uguccioni addressed the buildings individually. Ms. Uguccioni provided the permit history for 7211 SW 58th Avenue — "The Hanging Basket ". Next, Ms. Uguccioni proceeded to state the determination of eligibility for 7211 SW 58h Avenue. She noted that the 7211 SW 58th Avenue according to South Miami "Historic Preservation Standards" (which are standards used to judge the relative significance of a property proposed for designation) this property failed to met Criterion "A" and Criterion "D ". Criterion "A" addressed the integrity of the building that is measured by whether or not the building maintains its design, setting, materials, workmanship, feeling and association. In regards to Criterion "D" Ms. Uguccioni stated that although the building is in its original location, its surrounding have been so severely compromised by the commercialization of the area and the more recent buildings constructed around it, that it lacks the sense of feeling and association that must be substantially present to justify the designation. She also added that the, design of the original building, which was a purely functional type that was not designed with artistry, or in any compelling architectural style, the former restaurant would not meet the justifications included in Criterion "A ". The building further fails the test of maintaining that original design, because it has been substantially altered. After hearing Ms. Uguccioni's results from her thorough research, Ms. Clyatt felt it was appropriate to not designate the Hanging Basket. Determination of Eligibility for 7221 SW 58 Avenue — Bougainvillea's Old Florida Tavern. Ms. Uguccioni began her presentation on her findings for Bougainvillea's Old Florida Tavern located at 7221 SW 58h Avenue. First, she noted that the documentation surrounding the construction of this residential building, later converted to a commercial use, is minimal. For this reason, the original owner and the circumstances of its construction are not known at this time. Nevertheless, Ms. Uguccioni provided the permit history based on information obtained from microfilm division and building department. Ms. Uguccioni indicated because of its date of construction of 1953 and its residential character the building at 7221 SW 58h Avenue stands out from its immediate neighbors. The building is best described as "vernacular" in style, meaning that it was not architect- designed, but rather follows a tradition of builder- houses that perpetuate long - established fashion. Furthermore, she stated that from an academic standard, the building is interesting but does appear to have been considerably altered. Therefore, the building's eligibility for local designation is problematic for several reasons. She noted that according to Criterion "A" of the South Miami Historic Preservation Standards to be eligible for local historic designation, the building must retain the quality and character of its HPB Minutes March 20, 2006 Page 3 of 4 original design. However, from the building permit evidence and a physical evaluation of the building, it appears there were a series of alterations and additions that have compromised its original. character. Ms. Uguccioni also pointed out the addition of the garage structure in 1945, which seems to have been appended to the existing building so that it extended westward on the lot. The difference in the roof slopes, and physical evidence of a connection is best viewed from the interior. She also indicated that the building is a composite, which means there was an original building, and then an addition. There is also some question about the window openings. Clearly, the windows have been replaced, but it was not cleared to her whether the actual dimensions of the windows follow the original configuration. Lastly, an application for a siding has been found however, the siding is too wide to be in character with the 1940s date of the structure. Ms. Uguccioni stated; however, that the former residential building at 7221 SW 5811' Avenue has historic significance because: 1. Its association with A.B. Core, a pioneering South Miami citizen, who had business interests on Sunset Drive as early as 1927; 2. It is the sole remaining structure that is residential in character within the larger context of the block, and the immediate environs; 3. The addition to the original building was made fifty years ago. Ms. Uguccioni completed her presentation by stating that because of the unique circumstances surrounding the development of this property, no recommendation for or against designation is made in this report. At this point of the meeting the Ms. Dickinson requested that two professionals and in the field of historic preservation be allowed to speak on her two properties. Ms. Dickinson provided the resumes of both Arva Moore Parks and Rocco Ceo. Ms. Parks who has several publications in the area of historic preservation indicated that in the case of 7211 SW 58 Avenue better known as "Hanging Basket" should not be designated historic because the building has been severely altered over the years and that it does not appear to meet any of the criteria typically applied to structures considered worthy of designation as a historic property. In reference to 7221 SW 58 Avenue better know as "Bougainvillea Tavern" may appear on the surface to be a better candidate; however its lack of integrity due to its severe alteration would also make it ineligible for designation. Next, Ms. Parks proceeded to read from a letter written by Mr. Ceo who is a well respected architect and preservation activist. She read from his letter which indicated he is against designation of both properties. Furthermore, the letter explained that the `Bougainvillea Tavern" has had significant alteration in site configuration, construction of exterior and interior surfaces and sits in an environment completely transformed from its original setting. Ms. Parks noted that the letter goes into great detail therefore; she provided the letter to the Board for them to read. Mr. Bass, the applicant's attorney spoke briefly and noted to the Board that with Ms. Ugiccioni report which could not make a complete argument for designation along with Ms. HPB Minutes March 20, 2006 Page 4 of 4 Arva Parks a preservation expert that truly believes the two properties should not be designated says a great deal. The Board reviewed the testimony from Ms. Arva Parks and facts presented by Ms. Uguccioni and determined that the findings did not justify that the property be designated. Acting Chair Ms. Cyyatt passed the gravel to Mr. Cooke - Yarborough and proceeded to make a motion. Motion: Ms. Clyatt moved to not designate the two properties according to the evidence received at this meeting. Mr. Kurtzman seconded the motion. Vote: Approved 3 Opposed 0 DOD /SAY /pl X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reportsl3.9 -10WPB Mins Excerpt 3- 20- 06.doc Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, Fl. 33143 ( ®)305- 663 -6326 (F) 305- 668 -7356 March 26, 2010 REMSEAOLIV, LLC 7211 SW 58 Ave. South Miami, FL. 33143 -5211 RE: Planning Board Item No. PB -10 -003 Historic Designation- 7221 SW 58th Avenue Dear Sirs: This communication is to inform you that the above item concerning the historic designation of your property located at 7221 SW 58th Avenue is now in ordinance format and is scheduled for first reading at the April 6, 2010 City Commission meeting which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. There is no public discussion at the first reading of an ordinance; however, you are encouraged to attend the meeting. The second reading and public hearing on the proposed designation is tentatively scheduled for the Monday, April 19, 2010 City Commission meeting. Enclosed is a copy of the Designation Report for this property and a copy of Section 20 -5.17 from the City's Land Development Code which sets forth the historic designation procedure. Please note that if you file a written objection to the designation with the City Clerk it will result in the requirement of a 4/5 vote of the City Commission for approval. Please also note that the presentation to the City Commission will include the Historic Preservation Board's recommendation for approval and the Planning Board's recommendation that the proposed designation be denied. If you have any questions, please feel free to call me at 305- 663 -6326. Sincerely . Vageline, hector and Zoning Department. Enclosures C: Cauley Dennis, Carthage Real Estate Group Jeffrey Bass, Esq. TJWSAY X: \Comm Items\2010 \4- 6- 10\Applicant's Notice 7221 SW 58 Av.doc 2 A MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legai Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING AND DATE CHANGE in the XXXX Court, was published in said newspaper in the issues of 04/09/2010 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of wsp,3 n�,j" dv �isagt�Di,fovp9biication in the said newsy r. �''� 1 °� Sworn to and subscribed before me this 09 day of APRIL A.D. 2010 (SEAL) MARIA MESA personally known to me = tn.ey ..s Commiiss on # DD 937532 a Expires November 2, 2013 o0"mmrmrvelnleoosastote of the City e CITY ng, of,.. ARte. ability _ e City, -' )de ;of,,;;, aetty" 'i'artil everaptity ,.provmmg Tor ordinances in comic[; ano rovidiig loran etfecfive date. TICE,,., &JIIIEREBY given that the City Commission meeting, arly,seheduled fort the third Tuesday.of the month has been aed to bed elid'Monday Apn119 2010. Intetestedpflrtles aYe Invited I itiend and will be heard. further mforma4on, please contact the City Clerks Office at: >63 6,340 Maria M: Menendez, CMC City Clerk ianf D Florida' Statutes 288.605, the City hereby advises the ;.that it a'person decides toy appeal any decision made by this f, Agency or Commission with respect to any matter considered at eting,o[ hearing, he or she will need a record of the proceedings, hat foI'such purpose, affected person may need to ensure that a tom record of the proceedings is made which record includes the cony and evidence upon which the appeal is to be based. 10- 3- 239/1449432M �2 0 z ' k5'a o n� uov ui ° °M eo E F ° n a. 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