LTC 018-2022 Proposed Designation of 93 Palm Avenue (Al Capone House) as a Local Historic Site/\Al
OFFICE OF THE CITY MANAGER
NO . LTC# LETTER TO COMMISSION
TO: Honorable Mayor Dan Gelber and Me bers of the City Commission
FROM: Alina T. Hudak, City Manag r
DA TE: January 13, 2022
SUBJECT: Proposed Designation of 93 Palm Avenue (Al Capone House) as a Local
Historic Site
On September 13, 2021, the Historic Preservation Board passed a motion (7-0), directing the
Planning Department to prepare a Preliminary Evaluation and Recommendation Report relative to
the possible historic designation of 93 Palm Avenue (Al Capone House) as a local historic site .
On January 11, 2022, the Historic Preservation Board held a meeting to consider a Preliminary
Evaluation and Recommendation Report relative to the possible 93 Palm Avenue Historic Site. At
this meeting the Board voted (7-0) to direct the Planning Department to prepare a formal historic
designation report for the proposed historic site.
Pursuant to Section 118-591 of the City Code, when the Historic Preservation Board directs staff
to prepare a designation report for a proposed historic district or site, the Mayor and City
Commission shall be notified of the board's decision and the initial boundaries proposed for
designation. Within 60 days of the vote of the Historic Preservation Board to direct the Planning
Department to prepare a designation report, the City Commission may, by a five-sevenths vote,
deny or modify the proposed request for designation, as well as establish specific timeframes for
the completion of the evaluation and recommendation and/or designation report. Within this 60-
day period the City Commission may also, by a five-sevenths vote, deny or modify the proposed
designation boundaries.
The regularly scheduled City Commission meetings within this 60-day timeframe are on January
20, 2022, February 9, 2022, and February 23, 2022
Attached, please find a copy of the Preliminary Evaluation and Recommendation Report, prepared
by the Planning Department, which outlines the initial evaluation of the home located at 93 Palm
Avenue. Please advise if you would like this matter scheduled for discussion at any of the above
noted City Commission meetings.
RJA/r&2/TRM/DJT
C: Rafael Paz, City Attorney
Rafael Granado, City Clerk
MIAMI BEACH
PLANNING DEPARTMENT
Staff Report & Recommendation
TO:
FROM:
SUBJECT:
Chairperson and Members
Historic Preservation Board
Thomas R. Mooney, AICP ,ftJr
Planning Director
HPB21-0485, 93 Palm Avenue.
Historic Preservation Board
DATE January 11 , 2022
A presentation by the City of Miami Beach Planning Department to the Historic Preservation
Board of a Preliminary Evaluation and Recommendation Report relative to the possible
designation of 93 Palm Avenue as a local historic site . If the Historic Preservation Board finds that
the property meets the criteria of the land development regulations for historic designation, it may
instruct the Planning Department to prepare a Designation Report pursuant to Section 118-591 (b)
of the City Code of Miami Beach .
RECOMMENDATION
The Planning Department not be directed to prepare a formal historic designation report for the
possible designation of 93 Palm Avenue as an Historic Site .
BACKGROUND
On May 27, 2021 , the previous property owner submitted Design Review Board application
(DRB21-0692) for the design of a new 2-story home to replace and existing architecturally
significant pre-1942 home .
On September 13 , 2021, the Historic Preservation Board passed a motion (7-0), directing the
Planning Department to prepare a Preliminary Evaluation and Recommendation Report relative
to the possible historic designation of 93 Palm Avenue as an individual historic site. On the same
day, the Design Review Board application was withdrawn . Subsequently, the property was sold
to a new owner.
DESIGNATION PROCESS
The process of historic designation is delineated in Sections 118-591 through 118-593 in Subpart
B of the Land Development Regulations of the City Code (Chapter 118, Article X, Division 4) An
outline of this process is delineated below.
Step One: A request for designation is made either by the City Commission, the Historic
Preservation Board , other agencies and organizations as listed in the Land
Development Regulations of the City Code , or the property owners involved .
Proposals for designation shall include a completed application form available from
the Planning Department.
Historic Preservation Board
HPB21-0485 -93 Palm Avenue
January 11, 2022 Page 2 of 15
Step Two: The Planning Department prepares a preliminary evaluation report with
recommendations for consideration by the Board.
Step Three: The Historic Preservation Board considers the preliminary evaluation to determine
if proceeding with a designation report is warranted.
Step Four:
Step Five:
Step Six:
The designation report is an historical and architectural analysis of the proposed
district or site. The report:
1) describes the historic, architectural, and/or archeological significance of the
property or subject area proposed for Historical Site or District designation;
and
2) recommends Evaluation Guidelines to be used by the Board to evaluate
the appropriateness and compatibility of the proposed Developments
affecting the designated Site or District; and
3) will serve as an attachment to the Land Development Regulations of the
City Code.
The designation report is presented to the Historic Preservation Board at a public
hearing. If the Historic Preservation Board determines that the proposed site or
district satisfies the requirements for designation as set forth in the Land
Development Regulations of the City Code, the Historic Preservation Board
transmits a recommendation in favor of designation to the Planning Board and City
Commission.
The Planning Board will hold a public hearing on the proposed designation and
shall consider the proposed historic designation as an amendment to the Land
Development Regulations of the City Code and, subsequently, transmit its
recommendation to the City Commission .
The City Commission may adopt an amendment to the Land Development
Regulations of the City Code which thereby designates the Historic Preservation
Site or Historic District after ( 1) public hearing for a parcel of land less than ten ( 10)
contiguous acres or after (2) public hearings for a parcel of land which is more than
ten (10) contiguous acres.
PRELIMINARY EVALUATION
Historical Context
The construction of Palm Island was started in 1919 and completed in 1921 and was the first of
a pair of man-made residential islands in the center of Biscayne Bay built and developed by the
Biscayne Bay Islands Company . The islands were formed by dredging the bay bottom and
depositing the overburden material inside a perimeter retaining wall defining the shape of the
island. The second of this pair, Hibiscus Island, was started in 1921 and completed in 1924 .1 Palm
and Hibiscus Islands were located conveniently accessible from Miami and Miami Beach via the
Dade County Causeway (renamed the General Douglas MacArthur Causeway following World
War II). They were linked to each other and to the County Causeway by Fountain Drive. The
1 "Palm and Hibiscus Islands ," Florida : The East Coast, publ. by Miami Herald circa 1924, p . 236 .
Historic Preservation Board
HPB21 -0485-93 Pa lm Avenue
January 11, 2022 Page 3 of 15
Biscayne Bay Islands Company was formed in 1918 and its officers included Clarence M. Busch
(president), Joseph F. Chaille (vice president) and L. T. Highleyman (secretary-treasurer).2 Mr .
Busch lived at 142 Palm Avenue (const ructed ca . 1920) with his family . In 1922, Mr. Busch
constructed the home located at 93 Palm Avenue and in 1925, he constructed the home at 94
Palm Avenue .
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BISCAYNE BAY -ISLANDS COMPANY c,_e-,-Hotiel Bldii-., J:Uh and A , c. B. Phont 1066
Advertisement for Palm and Hibiscus Islands, Miami Herald, March 1, 1918
2 "Form Company to Take Over Le Gro Project ," Miami Herald , 13 January 1918 .
Historic Preservation Board
HPB21-0485 -93 Palm Avenue
January 11, 2022 Page 4 of 15
h o by Ht·n , lJi Nuhila.
h l r nee Ilu c-h ho e on :ilm I l· nd.
Photograph of 142 Palm Avenue, Miami Herald, December 15, 1921
93 Palm Avenue
On June 10, 1922 , the following article appeared in the Miami Herald entitled "Beautiful Home for
Palm Island " announcing Mr. Busch 's intention t o construct a new residence at 93 Palm Avenue.
"C. M . Busch Starts Building Spanish Type of Residence, Which Will Cost $25,000
The foundations were laid yesterday for a $25,000 house on Palm Island, which is
being built by Clarence M. Busch on one of his lots there . C. R. Donathan, the contractor
in charge of the work, said that he expects to have the home ready for occupancy by
September 1.
The house will be in the shape of an "L " when completed, with the main part two
stories in height and the wing but one story. The plans show that the first story will have a
large reception room and two breakfast rooms. A great natural rock fireplace will grace the
living room. On the second floor there will be four bedrooms besides a number of smaller
rooms.
Porches of novel design will be built on three sides of the main floor, with Spanish
arches on the outside. The whole dwelling has been designed after the Spanish type of
architecture so popular here, and when completed promises to be one the beauty spots
of Palm Island. It is understood that Mr. Busch plans to build other house of unique design
on Palm Island some time in the future ." 3
3 "Beautiful Home for Palm Island ," Miami Herald , 10 June 1922 .
Historic Preservation Board
HPB21-0485-93 Palm Avenue
January 11 , 2022 Page 5 of 15
Construction of the home was completed in late 1922 and was listed for sale for $43,000 shortly
after. The home was sold in May of 1923 to Anna Callahan for $39,000. The home continued to
change hands and was sold to J. W . Popham in 1924 for $75 ,000 and to Leslie Winik in 1925 for
$58 ,000. In 1927, Popham filed a foreclosure suit against Winik and the property returned to
Popham. In 1928, Parker Henderson Jr., son of former Miami mayor Parker Henderson,
purchased the home from Popham with the intent to sell the property to Al Capone 4 and quickly
sold the property to Mae Capone 5 , Al Capone's wife.
In April 1928, a building permit was issued for the construction of a wall for $2,800, presumably
for the existing property wall. One month later, a building permit was issued for a swimming pool.
Additionally , in 1929, permits were issued for additions and alterations to the home as well as the
construction of a garage and loggia. 6 An article in the Miami Herald indicates that E . A. Zink was
the architect.7 Minor repairs to the home and property continued over time and in 2015, the home
was significantly renovated including repairs to the structural systems of the house .
Ci&L·
Illustrated image of 93 Palm Avenue, Chicago Tribune Archives, ca . 1928
Architectural Description
4 "Miami Clues Help Clear Uale Murder," Miami Herald , 01 August 1928
5 "Courthouse News ," Miami Herald , 31 July 1928
6 City of Miami Beach , Building Department, Building Permit Card , 93 Palm Avenue
7 "33 ,750 Permits for Building are Issued ," Miami Herald , 24 April 1929
Historic Preservation Board
HPB21-0485-93 Palm Avenue
January 11 , 2022 Page 6 of 15
The existing single-family residence located at 93 Palm Avenue was constructed in 1922. No
architect is listed on the building card and no original permit plans have been located within the
Building Department records however, there are numerous archival photographs . While the
original home can be categorized as Mediterranean Revival in style, it lacks the detailing and
ornamentation of the more noteworthy examples of this style. The main 2-story portion of the
structure lies on a north-south axis with a 1-story wing and covered porches to the west. The
asymmetrical front fac;ade features a 2-story tower with unusual pyramidal shaped decoration at
each of the four corners. A semicircular driveway was located within the front yard accessed from
Palm Avenue via two vehicular gateways with arched openings . Additionally , attached to the
western gateway was the original 1-story garage. The garage and gateway structures also
featured the pyramidal shaped decoration . In 1929, the gateway/garage structure was expanded
including the introduction of a second floor . Interestingly, it appears that the existing arched
opening of the garage is in fact the original opening of the gateway. Also in 1929, a 2-story pool
pavilion was constructed at the rear of the site between the pool and the bay. This symmetrical
structure features decorative columns and moldings, and the central portion includes a
rectangular relief panel as well a decorative brackets and scrolls. During these renovations, it
appears that the tiling at the parapets of the main house was introduced.
Photograph of 93 Palm Avenue, Getty Images, March 1, 1938
The home was further renovated over time and several of the most significant architectural details
of the primary facade of the original home have been removed including the decorative projecting
arched entry feature at the ground level and the stucco surround and projecting ledge at the
second floor window of the tower. Also, at some point in the past, the projecting second floor area
along the east side of the home was removed.
tion Board Historic Preserv;3 Palm Avenue
HPB21-0141 8 52022
January ' -B I s CA y N E
Page 7 of 15
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Historic Preservation Board
HPB21-0485-93 Palm Avenue
January 11 , 2022
Mediterranean Revival style ( circa mid-191 Os to early 193Os)
Page 8 of 15
Mediterranean Revival architecture was the "style of choice" for the first major land development
period in Miami Beach. Its connotation of Mediterranean resort architecture , combining
expressions of Italian, Moorish, North African, and Southern Spanish themes , was found to be an
appropriate and commercially appealing image for the new Floridian seaside resort; it was a style
that was simultaneously being used expansively in California and other areas of similar climate.
During the mid-191 Os through the early 193Os , the style was frequently applied to hotels ,
apartment buildings, commercial structures, and single-family residences. Its architectural
vocabulary was characterized by stucco walls , low-pitched terra cotta and historic Cuban tile
roofs, arches, scrolled or tile capped parapet walls, and articulated door surrounds, sometimes
utilizing Spanish Baroque decorative motifs and Classical elements. Feature detailing was
occasionally executed in keystone or patterned ceramic tile .
RELATION TO ORDINANCE CRITERIA-Preliminary Evaluation
Sec. 118-592 . -Criteria for designation.
(a) The historic preservation board shall have the authority to recommend that properties be
designated as historic buildings, historic structures, historic improvements, historic landscape
features, historic interiors (architecturally significant public portions only), historic sites, or
historic districts if they are significant in the historical, architectural, cultural, aesthetic or
archeological heritage of the city, the county, state or nation . Such properties shall possess
an integrity of location, design, setting, materials, workmanship , feeling or association and
meet at least one of the following criteria:
(1) Association with events that have made a significant contribution to the history of the city ,
the county , state or nation.
(2) Association with the lives of persons significant in the city's past history.
(3) Embody the distinctive characteristics of a historical period, architectural or design style or
method of construction .
(4) Possess high artistic values.
(5) Represent the work of a master, serve as an outstanding or representative work of a
master designer, architect or builder who contributed to our historical, aesthetic or
architectural heritage.
(6) Have yielded or are likely to yield information important in pre-history or history.
(7) Be listed in the National Register of Historic Places .
(8) Consist of a geographically definable area that possesses a significant concentration of
sites, buildings or structures united by historically significant past events or aesthetically by
plan or physical development, whose components may lack individual distinction.
Historic Preservation Board
HPB21-0485-93 Palm Avenue
January 11 , 2022 Page 9 of 15
(b) A building, structure (including the public portions of the interior), improvement or landscape
feature may be designated historic even if it has been altered if the alteration is reversible and
the most significant architectural elements are intact and repairable.
(c) The historic preservation board shall consider if the historic buildings, historic structures,
historic improvements, historic landscape features, historic interiors (architecturally significant
public portions only), historic sites, or historic districts comply with the sea level rise and
resiliency review criteria in Chapter 133, Article II, as applicable, pursuant to Section 118-592.
Below are staffs preliminary findings:
(a) The historic preservation board shall have the authority to recommend that properties
be designated as historic buildings, historic structures, historic improvements, historic
landscape features, historic interiors (architecturally significant public portions only),
historic sites, or historic districts if they are significant in the historical, architectural,
cultural, aesthetic or archeological heritage of the city, the county, state or nation. Such
properties shall possess an integrity of location, design, setting, materials,
workmanship, feeling or association and meet at least one of the following criteria:
(2) Association with the lives of persons significant in the city's past history.
Satisfied; the home located at 93 Palm Avenue was constructed for Clarence M.
Busch, president of the Biscayne Bay Islands Company, the developer of Palm
and Hibiscus Islands in the early 1920s. Additionally, the home is associated with
the notorious gangster Al Capone who purchased the house in 1928. In 1931
Capone was convicted of income tax evasion, although it is generally accepted
that he was involved with the murder of dozens if not hundreds of people during
his lifetime. He was sentenced to 10 years in federal prison but, was released in
1939 and quickly returned to his home on Palm Island. Capone would live in the
home until his death in 1947.
(3) Embody the distinctive characteristics of an historical period, architectural
or design style or method of construction.
Satisfied; although modest in detailing, the home located at 93 Palm Avenue
embodies some distinctive characteristics common to early 1920s architecture in
Miami Beach.
(b) A building, structure (including the public portions of the interior), improvement or
landscape feature may be designated historic even if it has been altered if the alteration
is reversible and the most significant architectural elements are intact and repairable.
Satisfied; the structure has been modified including the elimination or alteration of significant
architectural elements however, the original form of the home remains relatively intact.
(c) The historic preservation board shall consider if the historic buildings, historic
structures, historic improvements, historic landscape features, historic interiors
(architecturally significant public portions only), historic sites, or historic districts
comply with the sea level rise and resiliency review criteria in Chapter 133, Article II, as
applicable, pursuant to Section 118-592.
(b) Criteria for ordinances, resolutions, or recommendations :
Historic Preservation Board
HPB21-0485 -93 Palm Avenue
January 11 , 2022 Page 10 of 15
(1) Whether the proposal affects an area that is vulnerable to the impacts of sea
level rise, pursuant to adopted projections.
The structure is located on a site that is at an elevation ranging from approximately
2.5' NGVD to 5 .1' NGVD . The first-floor elevation is noted as 6.46' NGVD. determined .
The current elevation requirement for habitable floor area is 10 .0' NGVD .
At Mean High Water, Sea Level Rise is projected to be (NGVD Elevations):
• 2.31 to 2.64 by 2030 (near-term)
• 2.98 to 3.98 by 2060 (mid-term)
• 4 .39 to 6 .89 by 2100 (long-term)
(2) Whether the proposal will increase the resiliency of the City with respect to sea
level rise.
Further information is required to determine the impact of the proposal on the resiliency
of the City. The first-floor elevation is approximately 3'-6" below the required base flood
elevation for habitable area of a single-family home. Staff does not have adequate
information to determine of the existing home or portions of the existing home could
be adapted or raised to meet this requirement.
(3) Whether the proposal is compatible with the City's sea level rise mitigation and
resiliency efforts.
As noted above, additional information is required to determine if the proposal is
compatible with the City's sea level rise mitigation and resiliency efforts.
ANALYSIS
The home located at 93 Palm Avenue is not a noteworthy example of the Mediterranean Revival
style as it lacks the architectural detailing , massing and proportioning characteristic of this
celebrated style. Additionally , no architect is listed on the building card and staff has not been
able to locate any information indicating that the home was designed by an architect. Further, the
home has been altered including the elimination of several of the more significant architectural
details as noted in the preceding section of this evaluation . The most notable aspect of the home
is the fact that Al Capone maintained a residence here from 1928 until his death in 194 7.
In addition to a lack of architectural merits, staff has concerns relative to the vulnerability of the
home with respect to impacts from climate change and sea level rise . Staff has visited the site
and observed that the property to the east has a significantly higher yard elevation . It is also noted
that the property to the west (currently a vacant lot) will likely be developed with at least the
minimum required yard elevation of 6.56' NGVD. This will result in both neighboring properties
having a yard elevation slightly above the existing first floor level of 93 Palm Avenue. Further, it
is important to note that within this area of the City, new habitable floor area is required to be
constructed at a minimum of 10 .0' NGVD , approximately 3'-6" above the current first floor level.
Maintaining the home at its current elevation will undoubtedly have ramifications in the near future.
Finally , staff does not believe that the association with Al Capone warrants the historical
designation of this otherwise unremarkable example of a 1920s single-family home . For the
reasons outlined above , staff does not recommend that the Historic Preservation Board direct
staff to prepare a Designation Report for local individual designation as an historic site of this
single-family home.
Historic Preservation Board
HPB21-0485-93 Palm Avenue
January 11 , 2022
RECOMMENDATION
Page 11 of 15
In view of the foregoing analysis, staff recommends that the Board not direct staff to prepare a
Historic Designation Report for the possible designation of 93 Palm Avenue, as an individual local
historic site, and that the matter be concluded with no further action .
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New Yo r k: ?lumb i n.i: Go: ..... 12
Sewer C<mnection
'Temporary Closet
fixtures .. Date June 2;,, 1922 -e·
Urin,als
Gas Stoves
Gas Radiators
Septic Tank Contra:ctor
Oil Burner -Contractor
Spri11kler System
" tt fi -" 4 It
Bath Tubs
Showers
Sinks
Gas Heaters
Gas Tum On .Approved
• · • .. ep t. 26, :!.922 J
Boor Drains (New Yo r k Pl u mbing Co: Sep . 30 ,1922~ g,
Grease Traps ( 2 :"ixtures -. • -. -• • -• -• • · • • • · · · • , ~
D1·mking ,Fountains
Rough Approved Date
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Tank Size
___ ........... Date Aug. 15 , ,192 2
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Electrioal Contractor John J. Burns Address Date July J., 1922
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Switch
OUTLETS Light 3 3
Receptacles
No . FIX:T~ES 42
F!i'l_~ APPROVED BY
Alterations ,or Repair s-Over
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Range l • · Motors
HEA TE.RS Water 1,
Space
Refrigerators ..
Irons
Fans Temporary ~rvice
Centers ~f Distribution
Sign Cfutlets
;Electrical Con\ractor Fu.~len Zo].7_
Oa.te ,pf Service
Date Se!')·. L 3, 1922
# 2117 .. F..at.io .& .Wall c onn e.cting hou-se & billiard. mom .. :. $ 1.~00 ::
0 V E R . March 25, 1 9-27
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' . · · . , ., At.r.eR,MilONS -:&· 'A:DUl-1'.IONS.
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Buildi ng Permits : fl 2197 . · .. Repairs to ' ·.,u.lld.ing
# 2450. • . Wall ·· (owner, P. A. Henderson)
# 2512 •. ·
# 2953.
# 3187 •. ·
Swimming Pool
Gara.ge & Loggia
Additlon & hl ter-a.tions ... -Ctirt Koenitzer, contractor
JG:pone # 2953 a.nd. ;,1~7 -.Realdence _O.R.Donathan, .contractor $
# 12614... Reµe.irs t,o Dock -: Ebsary Fou.nd.stion Company $
# i.8526 Roof Repairs Lang Rsoflng <Jonipany f
if6Jo22 1~11 Roofi.ng:Parti?.l reroq f ;;11f garage,,) square~ of gravel &.,?,¼ of jzitte, $17 .. 5,
·.-8 Own r J a-n° , L Wi L.ia.-ns: 11: ir · riv c . wall -'!lo00 -. z2/o7 ~ ---~
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$ 3 N '-O •• ~ 2 ';;-::u": ,' ' ,o.__., ,,
$ 4 ,ooo
$8,500
$ 5,000
13,000
900
500
9/20/60
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~Tuly 22, 1927
April ti, 1928
. MBy 19 ,. l92S
April 23, 1929 .
Aug. 16, 1929°
Aug. 16,192.9
Ju.ne 30 , 19~9
Aug . 18, 19Ll-4
·,:, ,_.-!; · Plmnbing Pennits : #4090 Pe.lm Pluob'ing Company .. 5 Fixtures Me.y · 31 ., ·1929
19:?9 '. Septic Tank •... # 4116 ... 0 1 N•al · · · · · -• • --• • ....•............. June 17,
(•i;.1 J?8 ~.J8 :t:d v:·M Y'}. ~-J : . .:. 4.,t Sr..•,~e .-.--2 0~1 . -1+, :.?;?1
BUILi'JL-iW~ PERMlT: D0266 3 Orkin Ext. Fumigation $650 .00 3-9-
Electri cal Permits: Lyon Electric Company ... Service fr gera.ge to house June 30, 19.?15
Lyon Electric Comp any .. Special s rvioe for Swimming Pool June 13, 192s
Lyon Electric Company .. 6 Light butl ets June s. 192El
Newl e,nd Cbrp: 39 Ligh outlets . April 6; 1928
M. M. Walker Alt .,:::'Rt i ()fiS _Nov. ?O, 1926
M. M, Walker 20 L 3 ht outlets Ap rll 27, 19::i7
# 377 H1,.!'V?Y McLemore 26 outlets April 2L~; 1929
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·BUI,LD'i;}:', l"ERHI T: ffi 84189 -, Own.er -?aint i,_· A'\epair
. ii=8 7.J65 ~ o'l\rner :.. ettterior painting ill-id repairs '~iiib~bo 8,?i{1;½70
ff87767 ·· owner -r,apairs and r e ;n od-eJ. as ·~e:r plan '$2;000.00 · 10 /91/71
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Historic Preservation Board
HPB21-0485-93 Palm Avenue
January 11 , 2022
Front Far;ade of Home, 2021
Rear Far;ade of Home, 2021
Page 14 of 15
Historic Preservation Board
HPB21-0485 -93 Palm Avenue
January 11 , 2022
Front Far;ade of Garage, 2021
Front Far;ade of Pool House, 2021
Page 15 of 15