13-01266ha Appeal Letter & Supporting - City of Miami

One Biscayne Tower

2 South Biscayne Blvd.

Suite 2630

Miami, FL 33131

:) 305.372.2772

~ 305.397.1886

www.aronovitzlaw.com

November 19,2013

Via Hand-Delivery to:

ARONOVITZ LAW

L. ELIJAH STIERS

MELISSA FERNANDEZ-STIERS

2451 Brickell Avenue, Apt. 2R Miami, Florida 33129

Mr. Francisco 1. Garcia, Director City of Miami Planning and Zoning 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130

Mr. Anel Rodriguez, Chief and Deputy Clerk City of Miami Planning and Zoning Hearing Boards Section 444 S.W. 2nd Avenue, 3rd Floor Miami , FL 33130

I '1. ';')'J I 9 PH l ~ '.

Re: Notice of Appeal from Historic & Envircnmental Preservation Board Conditions

Address: 509 NE 57 Street, Miami, FL 33137

Dear Messrs. Garcia and Rodriguez:

Pursuant to Miami City Code, Chapter 23, Historic Preservation, § 23-5 , please accept this as L. Elijah Stiers and Melissa Fernandez-Stiers' (collectively "Applicants") Notice of Appeal fr8m Historic and Environmental Preservation Board Conditions regarding alteratiOlls and improvements to property located at 509 NE 57 Street, lvliami, Florida 33137 ("Property") in the Morningside Historic District.

Enclosed is check # 1001 in the amount of $525 .00, covering the appeal fee pursuant to City of Miami Code Section 23-6.2, plus $3.50 for mailed notice to the undersigned homeowners.

A. BACKGROUND

1. On November 5, 2013 , the Historic and Environmental Preservation Board ("Board") held a public hearing regarding Applicants ' Application of a Special

A Legacy of Justice

Messrs. Garcia and Rodriguez City of Miami Planning and Zoning

Notice of Appeal 509 NE 57 Street

Certificate of Appropriateness ("Application") for alterations and an addition to the Property.

2. The Historic and Environrriental Preservation Board Staff Report ("Staff Report") is incorporated herein by reference and attached as Exhibit "A."

3. At the conclusion of the hearing, the Board issued the following Approval with Conditions of the Application:

1) All glass shall be clear. 2) The window openings shall be kept and muntins shall

be applied to the windows following the original pattern.

3) The Bahama Shutters shall be reinstated as well as the shutters on the second floor windows.

4) The ironwork columns shall remain. 5) The garage door shall remain; the new French doors

may be placed on the work room west fayade.

4. Based on the below, Applicants appeal Condition 2, in part, Condition 3, and Condition 5.

B. ARGUMENT

1. As set forth in the Staff Report, the Property was built in 1940. See Exhibit "A" at 1.

2. Pursuant to Ordinance 9940, the Miami City Commission designated Morningside as a Historic Heritage Conservation Zoning District on December 20, 1984. See Morningside Historic District Designation Report ("Designation Report") at 2, attached as Exhibit "B." .

3. For purposes of the historical designation, "the area's major period of significance" covers "houses in the district [] constructed between 1922 and 1941." Id. at 11. Thus, it logically follows that elements in existence during the period of major significance should be preserved. While there were additions and alterations added subsequent to the period of significance that were nonetheless present at the time of historical designation three decades later, these elements should not receive the same consideration in terms of preservation. These additions and alterations clearly fall outside the "area's major period of significance."

4. A copy of the original blue prints for the Property, as designed by architect 1. E. Peterson, were provided electronically via a Dropbox link, and are attached and

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incorporated by reference herein as Exhibit "c." The original blue prints capture the Property as it existed during the period of significance.

5. As highlighted in the Designation Report, "[h]istoric district designation is intended as a tool to preserve the character of Morningside and protect it from undesirable encroachments." Id. at 18. Indeed, historical preservation should be used as a tool and not mechanically applied without analysis and reason. The historic designation of Morningside should not be a tool implemented absent of commonsense, in such a way that it forces homeowners to preserve design elements not present during the period of significance merely because such elements were captured in a photograph at the time of historical designation nearly three decades later. This is especially true if the subsequent design elements and additions disregard and obscure other pre-existing elements, which existed during the period of significance and are clearly intended to receive protection. In many instances, these subsequently occurring elements do not add to the spirit of what is being preserved and/or actually detract from what was intended to be preserved in the first instance.

6. With respect to Condition 2, Applicants request that City of Miami Commission ("Commission") reverse the Board's decision and approve a Special Certificate of Appropriateness that does not require that "[t]he window openings shall be kept" as it applies to enclosing the subject window on the east fa<;ade of the Property.

7. The Historic Preservation Guidelines, Sept 2011 (Design Guidelines), are accessible at http://www.historicpreservationmiami.com/pdfs/2012%20updates/ GENERAL%20DESIGN%20G

UIDELINES 02272012.pdf and are attached and incorporated for reference herein as Exhibit "D," define "fac;ade" as the "exterior face of a building which is the architectural front, sometimes distinguished from the other faces by elaboration of architectural or ornamental details." Id. at 88. The Design Guidelines further provide that "[m]odifications [to windows] may be approved on non-principal facades." Id. at 79.

8. The proposed enclosure of the window on the east side of the Property does not face the front fac;ade of the house. Since the window on the east side of the Property does not face the front fac;ade, is located on a non-principal fac;ade and is not visible from the public right-of-way, the modification to enclose this window should be approved.

9. Moreover, the Staff Report has no issue recommending that "new French doors may be placed on the work room west fac;ade." Staff Report at 2. If the Staff Report would allow changes to an opening on the west fac;ade of the Property, then it should similarly allow changes to an opening on the east fac;ade of the Property.

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10. As for Condition 3, Applicants request that the Commission reverse the Board's decision and approve a Special Certificate of Appropriateness that does not require that "Bahama Shutters shall be reinstated as well as the shutters on the second floor windows" as it applies to the Bahama Shutters covering the windows of the enclosed porch on the east side of the Property, as well as the non-existent second-story window shutters.

11. First, according to the Staff Report, "[ c ] overing windows. . . is discouraged." Id at 2 (citing Design Guidelines). If windows should not be covered, then it follows that the Bahama shutters should not be reinstated as they have the effect of covering the windows.

12. Moreover, the original 1940s blue prints for the home, attached electronically as Exhibit "C," do not reflect that the Bahama shutters were part of the original design of the home. Thus, it is reasonably certain that the Bahama shutters were not a part of the original appearance of this historic home, yet were added sometime after the home was built, but before it attained historical designation. As such, this is compelling evidence that the Bahama shutters were never intended to be a part of the intrinsic historical design of this home.

13. Moreover, the Staff Report further cites the Design Guidelines and states that "[r]emoving a character-defining window that is un-repairable and blocking it in ... is not recommended." Idat 2 (citing Design Guidelines) . If blocking a character defining window is not recommended, it also follows that the Bahama shutters should not be reinstated as they have the effect of blocking character-defining windows on the front the fa<;ade of the Property.

14. The Design Guidelines relied upon in Staff Report further provide that "[a]ccordion or roll-down shutter types are not recommended but may be approved when not visible from the public right-of-way or by the HEPB." Id at 25 . If shutters are not recommended, then neither the Bahama Shutters nor the second floor should not be required, especially since two of the Bahama Shutters face the front fa<;ade of the Property and are visible from the public right-of-way.

15. Ironically, the Staff Report requires as a condition that "[t]he ironwork colurnnsshall remain." Id at 2. It is nonsensical of the Staff Report to recommend that the ironwork columns remain, yet require that Bahama Shutters shall be reinstated on the character-defining windows facing the front fa<;ade of the Property. This requirement has the effect of not only covering the design windows, but also covers the ironwork decorating these very same windows, which iron work the Staff Report deems worthy of preserving in other instances.

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16. With regard to the HEP Board recommendation that the second floor window shutters be reinstated, we ask that we not be required to place what would amount to false, non-functioning shutters whose only purpose is decoration. While second story shutters are visible on the home's original blue prints (Exhibit "C"), we would submit that these shutters were, at one time, functional and included in the build of the home to serve a purpose beyond mere decoration or adornment.

1 7. There is no evidence that the Bahama Shutters or false shutters have acquired historic significance. See Design Guidelines at 5 (indicating that another consideration is whether design elements "acquired historic significance in their own right"). At the very least, there is no evidence that the Bahama Shutters have acquired historic significance as they were not part of the original design element present during the period of significance, cover design windows present in the original design of the Property and detract from the ironwork that was present during that time. See Exhibit "C,"

18. Lastly, with regard to Condition 5, the HEP Board recommended that the existing garage door shall remain, and denied our request to replace it with new frontfacing French doors. We would submit that replacing the garage doors with front-facing French doors would not only improve the appearance and aesthetic of the home, but would be more in-line with recent trends in Miami's Building Code.

19. Indeed, this is something the City of Miami has recognized. In the attached "Frequently Asked Questions" regarding the new Miami 21 Code for singlefamily homes, attached hereto as Exhibit "E," it is indicated that "The only thing Miami 21 regulates is that the garage door should be located flush or behind the primary setback (front door). In other words, the garage cannot extend beyond the front wall of the home." This home's garage door is not only front-facing, but extends well beyond the front wall of the home.

20. Lastly, we feel that it merits further mention that the . head of the Morningside Civic Association, Mr. Adam Dunshee, drafted a letter in support of our plans, attached hereto as Exhibit "F," finding them "both tasteful and observant to the character present in the Morningside Historic District."

C. CONCLUSION

For the foregoing reasons, and pursuant to Miami City Code, Chapter 23, Historic Preservation, § 23-5, Applicants respectfully request that:

1. The City of Miami Commission reverse the Board's decision with respect to Condition 2,in part, and Conditions 3 and 5, in total;

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2. Approve a Special Certificate of Appropriateness that does not require that "[t]he window openings shall be kept" as it applies to enclosing the subject window on the east fayade; and

3. Approve a Special Certificate of Appropriateness that does not require that "Bahama Shutters shall be reinstated along with the second floor windows."

4. Approve a Special Certificate of Appropriateness allowing the replacement of the front-facing garage door with French doors.

Please do not hesitate to contact Applicants should the Hearing Boards Section require any further information.

Thank you for your time and attention to this matter.

Sincerely, ..

~~~ L. Elijah Stiers Melissa Fernandez-Stiers

Enclosures: Exhibit "A ": Exhibit "B ": Exhibit "C":

Exhibit "D ":

Exhibit "E": Exhibit "t ,,:

Historic and Environmental Preservation Board Staff Report ("Staff Report ") Morningside Historic District Designation Report ("Designation Report'') Original blue prints by architect J E. Peterson, provided electronically via Dropbox link https:!lwww.dropbox.comlslcmgI9z8z2y5 aoi41SUR VEY%20SCANS.pdf Historic Preservation Guidelines, Sept 2011 (Design Guidelines), are accessible at : http://www.historicpreservationmiami.comlpdjsI20 12%20updateslG ENERAL%20DES1G N%20GUJDELINES _022720 12.pdf Miami 21 T3 Single Family Homes guidelines Letter of support from Adam Dunshee

cc: Megan McLaughlin, AICP Historic Preservation Office (via email [email protected])

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ITEM 12 HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD

NAME

ADDRESS

STAFF RE ORT

509 NE 57 St

PROJECT DESCRIPTION Application of a Special Certificate of Appropriateness for alterations and an addition to a contributing home.

ANALYSIS This contributing Masonry Vernacular two-story home was built in 1940. The home was designed by J. E. Peterson for Hugo C. Anderson (first owner). The applicant is proposing to replace all the windows with im act resistan Itering me open 9 1M the fron fayade, remove t e garage oor and install French glass doors instead, enclose a large window on the east fayade, remove the last r~maining Bahama shullfiLO.Ll-tbe...family room west side~ (AmO\!e tAe i,ol1work c6Tumns of the porch and replace them with stucco, add a master bathroom and walk-in closed to the master bedroom, and re-roof the entire house with flat concrete tile.

The Design Guidelines recommends:

When replacing windows it should . . ~haracter and type of the'originals. :;'y~~ta/ln the original location, size,

ouse should determine the type f . ca y, the style and age of the from casement, double or Single h~nwln~ows that .were used, ranging panes, awning, and jalousie types. g Windows with Single or multiple

._~~II!!I!!!~-~. Single hung or dOUble h . EXHIBIT ung types may substitute for each other.

/( November 5, 2013 Paf E' 1 of 2

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ITEM 12

RECOMMENDATION

• Aluminum casement may substitute for steel casement. • New windows should- be clear glass only. • Slider windows are not a historic window type and require HEPB

approval. • Covering windows or changing the muntin pattern by removing or

adding muntins is discouraged.

Additions: Additions to historic buildings are generally not allowed in front of the structure, except in unusual circumstances as exception by the HEPB. When it is necessary to alter or expand an existing historic building, modifications shall minimize the visual impact of the new construction.

• The addition should be compatible with the architecture in massing, scale, materials, features, detailing, and design.

• The addition shall be approved by the HEPB if visible from the right-of-way or water-way, even if located in the rear or side yard .

• Windows and doors in the addition shall be similar in shape and placement to openings in the historic structure.

• Add itions or changes to the primary fayade are discouraged.

According to the Secretary of the Interior's Standards:

• Removing a character-defining window that is un-repairable and blocking it in; or replacing it with a new window that does not convey the same visual appearance is not recommended.

• New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future , the essential form and integrity of the historic property and its environment would be unimpaired.

The Preservation Office recommends Approval with Conditions of the appl ication for a Special Certificate of Appropriateness because it meets the Secretary of the Interior's Standards and the City's Historic Preservation Design Guidelines.

he Conditions are as follows:

1) All glass shall be clear. 2) The windows openings shall be kept and muntins shall be applied to

the windows following the original pattern. 3) The Bahama Shutters shall be reinstated as well the shutters on the

second floor windows. 4) The ironwork columns shall remain . 5) The garage door shall remain; the new French doors may be

placed on the work room west fayade.

November 5, 2013 Page 2 of 2

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MORNINGSIDE HISTORIC DISTRICT

Designation Report

w

City of Miami

EXHIBIT

6

REPORT OF THE CITY OF MIAMI PLANNING DEPARTMENT

TO THE HERITAGE CONSERVATION BOARD

ON THE POTENTIAL DESIGNATION OF


AS A HISTORIC HERITAGE CONSERVATION ZONING DISTRICT

Prepared by Sarah E. Eaton Historic Preservation Date Consultant

Accepted by John Ward Clark

Designated by the Miami City Commission

Ordinance NO . __ -,-99,-,4=-O __ _ Date _____ -'-'12:::.L.I=20;:..;.../S>::....4:-_

CONTENTS

I. General Information 4

II. Significance 7

III. Description 11

IV. Planning Context 18

V. HC Zoning Elements 19

VI. Bibliography 20

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I. GENERAL INFORMATION

Historic Name:

Bay Shore

Current Name:

Morningside Historic District

Location:

The area generally bounded by N.E. 60 Street on the north, Biscayne Bay and Morningside Park to the east, the rear lot line between N.E. 55 Street and N.E. 53 Street on the south, and Biscayne Boulevard on the west (see attached map).

Present Owner:

Multiple Owners - complete list of owners is available in the Planning Department.

Present Use:

Residential, commercial

Present Zoning District:

RS-2/2, R)-3/6

HC Zoning Overlay District:

HC-l

Boundary Description of HC Zoning District:

The boundary of Morningside Historic District is shown as the heavy line on the attached map entitled "Spring Garden Historic District - Site Plan."

HC Zoning Classification:

Historic District

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location

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Site plan

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II. SIGNIFICANCE

Statement of Significance:

The Morningside Historic District is significant to the history of architecture, landscape architecture, and community development in Miami. Developed primarily between 1922 and 1941, Morningside contains a wealth of Mediterranean, Art Deco, and vernacular style houses that reflect the diversity and direction of architectural design during the 1920's and 1930's. Morningside is one of Miami's best planned subdivisions, featuring wide, tree-lined boulevards that contribute to the character of the area. This neighborhood was envisioned as an exclusive, residential community, and its amenities and location on Biscayne Bay attracted many influential and prominent local residents . One of Miami's most intact historic neighborhoods, Morningside is the City's best remaining example of a boom-era suburb.

As Miami's population expanded during the lat 1920's and early 1920's, new subdivisions reached northward along Biscayne Bay. IN 1922, a large, undeveloped bayfront tract near the northern city limits was platted. Called Bay Shore, this area was subdivided by the Bay Shore Investment Company and was the first of three phases that would be developed by the company between 1922 and 1924.

James H. Nunnally, president of the Bay Shore Investment Company, envisioned Bay Shore as an exclusive residential community and planned for every modern convenience . Before the first lot was offered for sale, the subdivision was fully developed: streets, which bore such names in the community's infant years as Toxaway, Hibiscus, Cocoanut, and Albermarle, were paved and curbed; parkways were curbed and planted with trees and foliage; trees, foliage, shrubbery, and grass were planted between sidewalks and curbs; and street lighting was laid in underground conduits. As a promotional brochure, published in 1924, boasted:

Thoughtfulness was the motto. Not one single feature of highly modernized improvements was to be left for future residents to provide. They were to get a finished homesite, with every utility - water, light, gas, and sewerage -provided in the most scientific manner ... . Every feature which might tend toward comfort, convenience, dignity, and beauty was incorporated in the plan of development, and no detail was left unattended when the property was finally pronounced ready for delivery.

At a time when many lots in other Miami subdivisions were being sold undeveloped an unimproved, Bay Shore was notable for its carefully conceived plan for development.

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The exclusiveness of the area was also guaranteed by the deed restrictions that the developers attached to each lot. These restrictions specified the minimum price of each house, ranging from a low of $7,000 inland to $13,000 along the Bay. Duplexes, apartment, and hotels were prohibited, as were houses constructed of wood. Building setbacks and lot frontage were also regulated, and the developer required that all plans be submitted for approval prior to construction.

Although Bay Shore developed steadily during the boom and even the Depression, the area witnessed its greatest building expansion between 1936 and 1941 . In 1936 the neighborhood was expanded, and a small area south of Bay Shore, along N.E. 55 Street and N.E. 55 Terrace, was subdivided as Bayshore Plaza by Islands Incorporated. Although the houses were often smaller than those in the earlier subdivision, similar deed restriction guaranteed a continued high level of development.

Houses constructed in the Morningside Historic District reflect the eclecticism popular in the early twentieth century. The earlier buildings in the district are predominantly Mediterranean Revival in style, while structures built in the 1930's and early 1940's are frequently Art Deco. Outstanding examples of both styles are found here.

Morningside also features a large number of masonry vernacular buildings that frequently utilize elements of several styles . An unusual Tudor Revival style house and one of the City's best examples of Mission style architecture add to the area's architectural diversity.

Many of the buildings in the district utilize a variety of local materials, such as keystone and oolitic limestone, and decorative tropical motifs. Especially prevalent are wrought iron screen doors and precast concrete vents displaying palm trees, flamingos, and pelicans.

The Morningside Historic District features the work of more than 40 well-known local architects. Kiehnel and Elliott, who introduced the Mediterranean Revival style to South Florida , designed several houses, including those at 463 N.E. 55 Terrace, 527 N.E. 56 Street, and 759 N.E. 57 Street. Marion Manley, South Florida's first known female architect, designed the house at 598 N.E. 56 Street. The works of Gene Baylis, L. Murray Dixon, H. George Fink, Martin Hampton, Gordon Mayor, V.H . Nellenbogen, Paist and Steward, and Robert L. Weed are also represented here.

In addition to the quality of its buildings, the Morningside Historic District is also significant for its landscape architecture. Inspired by the designs of other suburbs and estates throughout the United States, the developers adapted these ideas to take full advantage of Miami's wealth of tropical trees and plants. After more than 4,000 trees had been planted, the subdivision presented the following appearance in 1924:

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A typical street intersection shows the wide parkway in the center of each boulevard, dividing traffic. In the center of the intersection is a circular island, graced with shrubbery. Between curbing and sidewalk is a wide greensward with trees and foliage. All corners are curved and foot crossings set back to increase the park effect of the view up and down the boulevard . Boulevards run at graceful angles and the parkways are of varying width and differ in floral adornment. Everywhere the view is like overlooking an immense garden, through which wind attractive passageways .

Today, Morningside contains a representative collection of the plant material used in residential landscaping over the past 60 years, and large numbers of trees continue to be planted in the area.

From its inception in 1922, Morningside has been home to many prominent and influential local residents. James H. Nunnally, president of the Bay Shore Investment Company, built his own house on the Bay in 1927. Other developers and financeers have also lived here, including Paul Scott, an attorney and president of the Biscayne Boulevard Company and the New Miami Shores Corporation, and Henry H. Filer, president of the Filer-Cleveland Company.

Many politicians and government officials built home in Morningside, including Frank Wharton, an early mayor and city manager during the 1920's; Perrine Palmer, a later mayor; and William Lehman, current U.S. congressman.

Laura Cushman, one of Florida's most respected educators and founder of The Cushman School, continues to live in the house built by her father in 1925. Sidney Meyer, secretary-treasurer of Wometco Theaters, built a house in Morningside, as did Harold Steward, a local architect with eth prominent firm of Paist and Steward. Lawyers, physicians, realtors, business magnates, and other executives have populated Morningside throughout its history.

The Morningside Historic District stands today as one of Miami's most intact historic neighborhoods. Despite the number of post-1941 buildings in the area, Morningside retains a high degree of historic and architectural integrity. This is due, in part, to the fact that most later buildings are not intrusive, but respect the earlier structures in scale, setback, materials, and workmanship. The majority of neighborhood residents recognize the special character of the area and desire its continued preservation .

Relationship to Criteria for Designation:

The Morningside Historic District is eligible for designation under the following criteria:

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1. Is associated in a significant way with the life of a person important in the past.

The Morningside Historic District has been home to many of Miami's prominent and influential citizens. These individuals have been important in such fields as politics and government, community planning, commerce, education, law, architecture, and communications.

3. Exemplifies the historical, cultural, political, economic, or social trends of the community.

The Morningside Historic District is Miami's most intact historic neighborhood and is the City's best remaining example of a boom era subdivision. It reflects the type of development activity that occurred in Miami during the early 1920's.

4. Portrays the environment in an era of history characterized by one or more distinctive architectural styles.

The Morningside Historic District reflects the diversity and direction of architectural design during the 1920's and 1930's. The neighborhood contains a wealth of Mediterranean Revival, Mission, Art Deco, and vernacular style buildings.

5. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction.

The Morningside Historic District contains a number of outstanding examples of Mediterranean Revival, Mission, Art Deco, Tudor Revival, and vernacular style buildings.

6. Is an outstanding work of a prominent designer or builder.

The Morningside Historic District contains several fine examples of the work of Miami's prominent architects. Kiehnel and Eliiott, Marion Manley, Paist and Steward, V.H. Nelienbogen, L. Murray Dixon, and H. George Fink are represented here.

8. By being part of or related to a subdivision, park, environmental feature, or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural or architectural motif.

The Morningside Historic District is one of the most distinctive subdivisions in northeast Miami. The area's historic and architectural character should be preserved as a reminder of Miami's past.

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III. DESCRIPTION

Morningside Historic District is a well-defined residential area located in northeast Miami on Biscayne Bay. Encompassing an area of approximately 100 acres, the district includes 218 buildings, all of which are detached, single-family houses. A wide variety of architectural styles is represented here, including Mediterranean Revival, Mission, Art Deco, and vernacular. Morningside is also noted for its wide, tree-lined boulevards and its plentiful, flowering trees and lush foliage.

The Morningside Historic District is comprised of three subdivisions that were platted between 1922 and 1924 and a later subdivision, platted in 1936. The earlier subdivisions were laid out with irregular lot lines and streets running in a diagonal direction to assure each homesite a view of the Bay and the full effect of its cooling breezes. Inland lots are generally 60 feet wide, with larger estates along Biscayne Bay.

A majority of houses in the district were constructed between 1922 and 1941 , the area's major period of significance. Approximately 42 houses were built during the boom era (1922-1926), while 31 were constructed during the bust and Depression (1927-1935). The greatest period of activity occurred before World War II, with 73 houses built between 1936 and 1941. Construction came to a virtual halt during the war years, with only two houses built. but resumed in 1946. Since 1946, 70 buildings have been erected.

A majority of post-1941 buildings are small, single-family residences that respect the architectural character of the district. Few major intrusions have been constructed here.

Architecturally, the Morningside Historic District reflects the diverse styles of the early twentieth century. Mediterranean Revival style buildings predominate and are generally two stories in height. These buildings feature round arched windows, cornice moldings, decorative tiles, wrought iron work, and the ubiquitous Mission tile roof .

Although Mediterranean Revival style houses continued to be built in the 1920's and 1930's, the Art Deco style increased in popularity during the late 1930's. Characterized by a linear or angular composition, these buildings feature stylized decoration around windows and doors, a prominent entryway, and glass block.

Masonry vernacular style houses were built throughout the area's development. While some vernacular houses are virtually stripped of ornamentation, others feature a combination of styles that defy classification.

The majority of the buildings in the district have been altered. Typical alterations include the installation of contemporary windows, doors, roofing, and awnings, and the addition and/or enclosure of porches, garages, and porte-cocheres.

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Several houses have been more significantly altered by the removal of important architectural features. Despite these alterations, however, the original character, massing, and setback of most houses within the district has not changed.

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Morningside Historic District Northwest corner of N.E. 59 Street and N. Bay Shore Drive 1984

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Morningside Historic District Westerly view of N.E. 58 Street at N.E. 6 Avenue 1984

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Morningside Historic District Northeast Corner of N.E. 56 Street and N.E. 6 Avenue 1984

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Morningside Historic District North Boy Shore Drive Between N.E. 59 Street ond N.E. 60 Street (focing northeast) 1984

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Morningside Historic District Northeast corner of N.E. 59 Street and N. Bay Shore Drive 1984

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IV. PLANNING CONTEXT

Present Trends and Conditions:

The Morningside Historic District is a stable residential neighborhood of detached, single-family homes, with commercial uses along Biscayne Boulevard. The houses are primarily owner-occupied, and the majority are well cared for. Morningside survived the suburban flight of the 1950's and 1960's and is now attracting younger residents. A major focal point of Morningside is Morningside Park. Located outside the historic district, the park is a 42-acre expanse along Biscayne Bay.

The Morningside Civic Association is an active neighborhood group that monitors neighborhood activities and lobbies for improvements. The Association represents the entire Morningside area, which includes a newer area south of the historic district. A trouble spot in the neighborhood is Biscayne Boulevard and its problems with prostitution and drugs. Although efforts have been made to improve the situation, the perception of crime still lingers .

Conservation Objectives:

Historic district designation is intended as a tool to preserve the character of Morningside and protect it from undesirable encroachments. As originally proposed by the Planning Department, the district included all property east of Biscayne Boulevard and between N.E. 55 Street and N.E. 60 Street. Both the Heritage Conservation Board and the Planning Advisory Board approved these boundaries as presented. However, in the course of the public hearing process, the Planning Department discovered opposition to the district from some owners of buildings on Biscayne Boulevard, mostly owners of buildings that are not historic.

Although the Planning Department continues to stand by its original recommendation, the Department has also presented an acceptable alternative . This alternative would follow the existing zoning boundary and thus would exclude all properties on Biscayne Boulevard from the historic district. This alternative was approved by the City Commission on First Reading . This alternative was revised on Second Reading to exclude one additional property adjacent to the Biscayne Boulevard frontage.

These conservation objectives for the Morningside Historic District can best be achieved by maintaining the present residential zoning within the neighborhood. An HC-1 zoning overlay district will maintain the existing zoning, requiring only the review of physical changes to the properties. The Planning Department also intends to propose the application of an SPI district for those Biscayne Boulevard properties to encourage quality redevelopment through zoning incentives.

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v. He ZONING ELEMENTS

Boundaries:

The boundaries of the Morningside Historic District have been drawn to include that portion of the present Morningside neighborhood which contains a predominance of buildings constructed between 1922 and 1941. The boundaries also follow those of the original Bay Shore subdivisions, platted between 1922 and 1924 (located east of Biscayne Boulevard only) , and the Bayshore Plaza subdivision , platted in 1936. Although platted later, Bayshore Plaza contains houses similar in age and architectural style to those in Bay Shore.

Specifically, N.E. 60 Street was selected as the northern boundary because of the historical factors mentioned above and because the area north of this street contains few historic buildings. On the east, Biscayne Bay and the Morningside Park form natural physical boundaries. The rear lot line between N.E. 55 Street and N.E. 53 Street was selected as the southern boundary for historical reasons and because the majority of houses south of this line were constructed after 1941. The existing zoning boundary was selected as the western edge, thus excluding all commercial properties on Biscayne Boulevard. Lot 5 of Block 16 of the plat of BAY SHORE UNIT NO. 2 (9-98), which abuts these commercial properties, is also excluded.

Major Exterior Surfaces Subject to Review:

The major exterior surfaces subject to review shall include all facades visible from a public right-of-way.

Major Landscape Features Subject to Review:

The major landscape features subject to review shall include all features which are subject to requirements for tree removal permits, as set forth in Chapter 17 of the City Code.

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VI. BIBLIOGRAPHY

Dade County, Florida. Community and Economic Development. Historic Preservation Division . Dade County Historic Survey, Site Inventory Files.

Dade County, Florida. County Recorder's Office. Abstract Books.

Dade County, Florida. Country Recorder's Office. Deed Books.

Dunlop, Beth . "Morningside." The Miami Herald, 25 March 1979, p. 1 G.

Florida Architecture and Allied Arts . 1935 -1941 .

Hopkins, G.M. Plat Book of Greater Miami, Florida and Suburbs. Philadelphia: G.M. Hopkins Co., 1925, 1936, 1981.

Junkin and Erdmans Co. "Bay Shore: On the Shore of Biscayne Bay." Promotional brochure. Copy on file in P.K. Yonge Collection, University of Florida, Gainesville, Florida, [1924].

Metropolitan Dade County. From Wilderness to Metropolis. Miami: Metropolitan Dade County, 1982.

Miami Daily News. Real Estate Advertisements, 1923 - 1939.

Miami, Florida . Fire, Rescue, and Inspection Services Department. Building and Zoning Division. Building Permits, 1923 to present.

Miami, Florida. Fire, Rescue, and Inspection Services Department. Building and Zoning Division. Plumbing Permits, 1919 to present.

Miami, Florida. Fire, Rescue and Inspection Services Department. Building and Zoning Division . Real Property Records.

Miami, Florida. Historical Association of Southern Florida . Photographic Files.

Miami, Florida . Public Works Department . Plat Books.

The Miami Herald. Real Estate Advertisements, 1923 - 1939.

A Monograph of the Florida Work of Kiehnel and Elliot, Architects . Miami: Miami Post Publishing Co., 1938.

Parks, Arva Moore. Miami: The Magic City. Tulsa: Continental Heritage Press, 1981.

20

Polk, R.L. R.L. Polk and Company's Miami City Directory. Jacksonville, Florida : R.L. Polk and Co ., 1922- 1945.

Walker, Kay. Beautiful Homes of Miami and Environs. n.d .

Young, Earni. "Our Neighborhoods: Morningside." The Miami News, 17 December 1979, p .1C.

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T3 SINGLE FAMILY HOMES Frequently Asked Questions

WHAT TYPES OF PROPERTIES ARE INCLUDED WITHIN THE T3 TRANSECT DESIGNATION? The T3 Transect designation under Miami 21 is equivalent to the single-family and duplex residential categories that exist in today's zoning code. The T3 transect is divided into:

• T3-R (Restricted), typical single family home equivalent to existing R-1 homes; • T3-L (Limited) : single-family home with an accessory unit (sometimes called a "granny-flat''); • T3-0 (Open) is equivalent to the R-2 (Duplex) zoning that exists today.

ALLEYS

WILL SINGLE FAMILY OR DUPLEX HOMES BE REQUIRED TO ACCESS THEIR PROPERTIES THROUGH THEIR ALLEYS, IF THEY EXIST? No. Miami 21 simply encourages the use of alleys, but would not require it.

PARKING

WILL I BE ABLE TO PARK MY CAR IN THE FRONT OF MY HOME? Yes, parking will be allowed on driveways and drop-off areas located in the front yard (First Layer) of your home. However, a garage structure may not be not be built in front of the main wall of the home.

DOES MIAMI 21 ALLOW MORE THAN 2 PARKING SPACES? Yes. Additional parking, driveways, or drop-offs can be provided within the front setback (first layer), as long as, green space requirement is provided. One of the two spaces may be located in the front yard setback. Miami 21 requires two parking spaces per home minimum (the same as the current code). Garages may not be built in front of the main wall of the home.

WHAT IS TANDEM PARKING AND WHY IS IT ENCOURAGED UNDER MIAMI 21? Tandem parking is the placement of two or more vehicles in a row directly behind one another. Allowing tandem parking: 1) reduces the space required to park multiple vehicles; 2) increases the amount of open space, decreases run-off; and 3) allows parking on-street for visitors between driveways. (Ordinance 11000 does not allow tandem parking for two required spaces.)

WHAT IS THE MAXIMUM WIDTH OF A DRIVEWAY ALLOWED IN THE FRONT OF MY HOUSE? The maximum width of a driveway at the front property line is twelve (12) feet. The purpose of limiting the size of a driveway only at the property line is: 1) to reduce the distance pedestrians on the sidewalks cross vehicular pathways; and 2) increases the amount of open space, decrease run off; and 3) allows parking on-street for visitors between driveways. The driveway may become wider once it is on the property; the limit of 12 feet is only from the property line to the street curb.

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City of Miami Planning Department 1444 SW 2nd Av EXHIBIT 1 [email protected] 1 www,miami21.org

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CAN MY EXISTING DRIVEWAY REMAIN UNDER MIAMI21? Yes, Miami 21 will not force any owner to change an existing legally permitted driveway. Only new driveways will be required to meet the new standards after the zoning code is adopted.

GARAGES

WHERE WILL I BE ABLE TO BUILD MY GARAGE UNDER MIAMI 21? A garage may be bu ilt anywhere on the lot with the exception of the setback areas. The garage must be flush with or recessed behind the front wall of the house. The garage cannot extend beyond the front wall of the home.

FRONT OF HOUSE

WILL MIAMI 21 REGULATE ON WHICH SIDE MY FRONT DOOR ENTRANCE IS LOCATED? No. Miami 21 does not regulate on which side the front door has to be located if a house is located on a corner. The only thing Miami 21 regulates is that the garage door should be located flush or behind the primary setback (front door). In other words, the garage cannot extend beyond the front wall of the home.

PORCHES

ARE PORCHES ALLOWED ON THE FRONT OF MY HOUSE? Yes, Miami 21 encourages front porches or stoops on the front of homes by allowing these structures to encroach into the front setback (First Layer) up to a maximum depth of eight (8) feet and porches may be only one story in height. Balconies, bay windows, awning and roof overhangs may encroach a maximum of three (3) feet into the front setback.

OPEN SPACE

HOW MUCH OF MY FRONT YARD MUST REMAIN OPEN SPACE? The front lawn may be hardscaped with impervious surfaces such as driveways, walkways and drop-off areas up to 30% of the front setback (First Layer) for T3-R and T3-L Single Family Homes.

HOW MUCH OF MY LOT MUST REMAIN GREEN SPACE? 25% of the lot area must remain as green space. Green space helps to filter pollutants, increases water infiltration which reduces flooding, and reduces the air temperature around the home and city.

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City of Miami Planning Department 1444 SW 2nd Avenue, 3'd Floor 1 Miami, FL 33130 1 [email protected] I www.miami21.orq


FENCES and HEDGES

HOW HIGH ARE MY FENCES ALLOWED TO BE IN THE FRONT OF MY HOUSE? The height of solid walls along the front property line would be limited to three and a half (3.5) feet. Aluminum, iron pickets and/or posts fences would be allowed up to five (5) feet in height. By limiting the height of visual barriers in front yards, Miami 21 hopes to create safer neighborhoods through visual surveillance. More eyes on the street mean safer streets for us all.

CAN I HAVE HIGHER FENCES AND WALLS IN THE SIDE AND BACK OF MY PROPERTY? Yes, fences and walls are allowed to a height of six (6) feet in the side and back of the property.

HOW HIGH ARE HEDGES ALLOWED? The height of hedges along the front property line would be limited to three and a half (3.5) feet. Hedges behind the first layer (meaning on the sides and rear of the property) would be allowed up to eight (8) feet in height.

HISTORIC HOMES

WILL HISTORIC HOMES BECOME NONCONFORMING UNDER MIAMI 21? In many historic buildings, non-conformities routinely exist, as in many instances they were built long before later zoning code provisions were enacted. As a result, a significant number of historic properties have never been in strict compliance with the current zoning code 11000, and may also not be in strict compliance with Miami 21. As such, they would remain "legally nonconforming" and will continue to be legally nonconforming under Miami 21.

Chapter 23 of the Miami City Code (which regulates historic properties) includes provisions for waivers from certain zoning regulations when a property owner makes an addition, or changes the home in a historically-acceptable way. Chapter 23 has undergone an extensive rewrite, and is accompanying the Miami 21 Code through the legislative process.

NONCONFORMITIES

WHAT IS A LEGAL, NONCONFORMING STRUCTURE IN THE MIAMI 21 CODE? A legal nonconforming structure is one built legally before the Miami 21 Code is enacted and where certain conditions of the structure will become inconsistent with the proposed code after the adoption of the Miami 21 Zoning Code. (Similar to homes without hurricane shutters are nonconforming to Florida Building Code.)

Below are some of the major differences between the current zoning code 11000 and Miami 21 for single-family homes.

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City of Miami Planning Department 1444 SW 2nd Avenue, 3rd Floor 1 Miami, FL 33130 1 [email protected] www.miami21.org


Occurrence Current Zoning Code (11000) Miami 21

Destruction in the If more than 50% of the assessed Allows reconstruction of the event of a natural value is destroyed, the home may house and does not stigulate a disaster, explosion, fire, not be rebuilt as it was, exceRt by gercentage reguirement act of God. Rublic hearing and sRecial exceRtion. regardless of the amount of

damage.

If less than 50% of the assessed Application for reconstruction value is destroyed, home may be must be filed within twelve (12) restored if begun within six (6) months from date of months. This part of the code is destruction. This time period unclear since it addresses the use of may be further extended by the a structure and not the structure City Commission. itself.

Repairs and Only 20% of the gross square Allows nonconforming home to Maintenance of footage of the nonconforming home be maintained and repaired. property can be repaired within a twelve (12) Does not stipulate a percentage

month period. or time frame.

WILL MOST SINGLE-FAMILY HOMES CONFORM TO MIAMI 21? Yes. There will be a fair number of instances when some parts of homes will become nonconforming. Conversely, there are existing single family homes that are legally nonconforming under Ordinance 11000 that will become conforming as a result of the adoption of Miami 21.

Example: A homeowner already has a two-car garage in the front of the house that occupies almost twothirds of the frontage. As Miami 21 seeks to limit the size of the garage on the front, the existing garage structure would become legally nonconforming. The nonconforming garage could remain indefinitely; the owner would not be required to demolish it. Only the portion of the house that is non-conforming (i.e. the two-car garage) may not be expanded. All other areas of the house or property could be renovated, replaced, expanded, etc.

IF A LEGAL NONCONFORMING PRIVATE SINGLE FAMILY HOME (STRUCTURE) IN A T3 TRANSECT IS DESTROYED BY A HURRICANE OR ACT OF GOD, WILL THE NONCONFORMING HOME BE ALLOWED TO BE REBUILT EXACTLY AS IT WAS? Yes. The owner must apply for a building permit within one year (Ordinance 11000 restricts the time to 6 months). If the City Commission authorizes, the zoning administrator may also administratively grant an additional one year extension for extenuating circumstances.

Miami 21 proposes to eliminate the existing Zoning Ordinance 11000 requirement for a public hearing in order for an owner to rebuild a nonconforming structure after a natural disaster.

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City of Miami Planning Department 1444 SW 2nd Avenue, 3rd Floor 1 Miami, FL 33130 1 [email protected] 1 www.miami21.org


WHAT HAPPENS IF I HAVE A SINGLE FAMILY HOME LOCATED IN ANOTHER TRANSECT CATEGORY AND IT IS DESTROYED BY AN ACT OF GOD? A single-family or duplex home in any transect zone will be allowed to rebuild exactly as it was previously (or alternatively, in conformity with the Miami 21 code), as long as building permits are applied for within one year. If the City Commission authorizes, the zoning administrator may also administratively grant an additional one year extension for extenuating circumstances.

WHAT HAPPENS IF I HAVE A CONFORMING HOME WITH A NONCONFORMING USE THAT IS DESTROYED BY AN ACT OF GOD? If damage/destruction is less that fifty percent (50%) of the structure's assessed valuation at time of destruction reconstruction may be approved by administrative Warrant. If damage/destruction is more than fifty percent (50%) of the structure's assessed valuation at time of destruction, then it would have to be approved by Exception (public hearing).

A HOMEOWNER IN A SINGLE-FAMILY NEIGHBORHOOD HAS CONSTRUCTED (WITHOUT PERMITS) ADDITIONS TO HIS HOME WHERE TENANTS ARE HOUSED. WILL THE OWNER BE ALLOWED TO RETAIN THESE UNITS? Illegal construction and illegal uses will continue to be illegal under the provisions of Miami 21; there is no change from the current Zoning Ordinance 11000.

ARE INTERIOR RENOVATIONS AND REPAIRS FOR NONCONFORMING STRUCTURES ALLOWED UNDER THE MIAMI 21 CODE? Yes. Renovations and repairs are allowed for nonconforming structures as long as the proposed repairs do not enlarge the degree of any exterior nonconformity. For example, if part of a home was built within the setback area, the code would not allow an owner to build farther into the setback. On the other hand, Miami 21 would allow an owner to make an addition to the part of the home that does comply with the code. Additionally, interior remodeling or renovations would be allowed regardless of the home's degree of conformity to the new code.

IF I HAVE A LEGALLY NONCONFORMING HOME, WILL I BE ABLE TO MAKE ADDITIONS OR EXTERNAL MODIFICATIONS? Yes, Miami 21 allows additions and external modifications to nonconforming homes. If the proposed improvements would not increase the degree of nonconformity, then a normal building permit process would be followed. If a homeowner seeks to increase the degree of nonconformity, they would follow an administrative waiver process.

WILL THE PROPERTY OWNER WITH THE LEGALLY NONCONFORMING GARAGES BE ALLOWED TO MAKE IMPROVEMENTS, FOR EXAMPLE, CONSTRUCT AN ADDITION TO THE HOUSE? Yes, the nonconformity of the garage may remain indefinitely, and the owner has a right to build additions elsewhere on the property, as long as the addition does not increase the nonconformity of the garage

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Example: The owner of the home with the two-car garage also encroaches one foot into the required five foot side setback. The owner proposes to build an addition to the rear of the home. Because the addition will not encroach into the rear setback, the owner may legally construct the addition. The owner would not be required to remove the garage.

McMANSIONS

HOW IS MIAMI 21 ADDRESSING THE ISSUE OF "McMANSIONS?" (over-sized homes that overpower the existing homes in the neighborhood) Miami 21 has taken several steps in order to lessen the impact of large new homes on neighboring properties. Under Miami 21, side setbacks will be established by the aggregate lot width, rather than the current method which uses a single dimension regardless of the lot size. This means that for homes that occupy multiple lots, the side setbacks would be 20% of the total lot width as opposed to the five (5) feet now required. Additionally, maximum lot coverage for any home is limited to fifty (50) percent of the lot on the first floor and thirty (30) percent of the lot on the second floor.

GRANNY FLATS (only allowed in T3-L Transect)

WHAT IS AN ACCESSORY UNIT OR "GRANNY FLAT"? An accessory Unit, or "granny flat/' is a smaller structure detached from the main home that is allowed to occupy a part of the single family lot. A second story may be built above an existing detached garage or a separate structure may be built at the rear of the property in the T3-L transect. These units are excellent sources for affordable housing and can serve as additional income sources for property owners or to facilitate caring for an elderly family member. (Enclosed garages are not considered accessory structures or granny flats.)

WHO CAN LIVE IN THESE GRANNY FLATS? A resident of a granny flat is not required to be related to the owner. However, the owner must live on the property.

DO GRANNY FLATS HAVE TO BE SEPARATED FROM THE MAIN HOME? Yes, the structure must be separated from the main home by a minimum of 10 feet. However, a backbuilding (single story structure with a maximum width of 12 feet) may connect the two structures.

CAN I CONVERT MY GARAGE INTO AN EFFICIENCY UNIT UNDER MIAMI 21? Only if the garage would qualify as a granny flat as proposed in Miami 21: l)located in the back of the property; and 2) at least 10 feet of separation exist between the main house structure and the garage structure; 3) the lot is located in a T3-L designated transect area. Garages located with in the existing single family house are not allowed to be converted into efficiency units under Miami 21 (efficiency units within garages are not permitted under Ordinance 11000).

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City of Miami Planning Department 1444 SW 2nd Avenue, 3rd Floor 1 Miami, FL 33130 1 [email protected] 1 www.miami21.org

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OTHER ISSUES

IF I OWN A SINGLE-FAMILY HOME OR DUPLEX, WILL I HAVE TO STORE MY GARBAGE CAN AT A PARTICULAR LOCATION? Miami 21 is a Zoning Code that regulates permanent structures built within the City of Miami. It does not regulate where a single family home places its trash cans. It does! however! regulate where large permanent structures such as trash dumpsters or trash enclosures may be located. The reason the code regulates where these structures can be located is to limit the adverse affects of these facilities on neighboring properties.

WHERE CAN THE UTILITY CONNECTIONS ON THE HOUSE BE LOCATED? Utility connections on the house can be located anywhere on the side or rear of the house (beyond the front setback! also known as the first layer). This is to prevent unsightly electrical meters! satellite dishes! telephone! and cable boxes being located on the front wall of the house. (Water meters and other utilities located within underground meter boxes are permitted. Telephone poles and other utilities on the public right of way will remain.)

WHERE CAN I HAVE A POOL? Miami 21 does not regulate where your pool can be located.

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Megan McLaughlin City of Miami Planning and Zoning - Historic Preservation 444 SW 2nd Avenue 3rd Floor Miami, FL 33130

Subject: HEPB Item - 569 NE 57 Street (Morningside)

Dear Megan,

2 November 2013

I hope all is well with you. The Morningside Civic Association Board of Directors is in the receipt of the applicant's plans; however, we will not convene our next meeting until after the upcoming November 5th HEP Board hearing. Consequently, we will not be able to opine prior to the hearing. I am drafting this letter to follow as an individual and fellow neighbor.

I have reviewed the plans submitted by Mr. and Mrs. Stiers and I find their plans both tasteful and observant to the character present in the Morningside Historic District. I am therefore vocalizing my individual support to their plans and request that the HEPB membership and the Preservation Office respect the ir plans submitted to the fullest extent possible.

I will not be able to attend the hearing this week, so please accept this letter of support into the record of the hearing. A copy will also be furnished to the applicant should they wish to cite my support.

Regards,

Adam Dunshee 500 NE 50th Terrace Miami, FL 33137

Cc: Eli Stiers & Melissa Fernandez-Stiers, applicants for 569 NE 57 Street

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13-01266ha Appeal Letter & Supporting - City of Miami

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