LTC 089-2006 900 Collins Ave nue - Avery Smith/Coral Rock House Demolition Status
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OFFICE OF THE CITY MANAGER
NO. oa9-2006 LETTER TO COMMISSION
TO: Mayor David Dermer and Members of the City Commission
FROM: City Manager Jorge M. Gonza~ ,~
DATE: April 3, 2006
SUBJECT: 900 Collins Avenue - Avery Smith/Coral Rock House
Demolition Status Report
This LTC provides the status of the matter since the Miami-Dade County Unsafe Structures
Board (USB) on February 16, 2005 found that there was no feasible alternative to demolition,
and ordered that the Avery Smith/Coral Rock House at 900 Collins Avenue be demolished within
sixty (60) days of the issuance of a demolition permit.
The City appealed this decision of the USB to the Appellate Division of the Circuit Court, and
obtained a stay of the demolition order. Oral argument was held on July 6, 2005, and the Court
issued its decision on October 4, 2005. The USB had refused to include within its order of
February 16th the grace period requested by the City's Historic Preservation Board, and if so
requested reQuired by the Miami-Dade County Code, that the property owner be provided with
no less than 120 days within which to obtain a permit to repair the premises, and no less than
180 days to complete the repairs. The Court agreed that the grace period once requested by an
historic preservation board, was required, an~ therefore vacated the USB's decision and
remanded the matter back to the USB.
On May 3, 2005, the City's Historic Preservation Board heard an application presented by the
property owner for a Certificate of Appropriateness to restore the Coral Rock House, and a
Certificate of Appropriateness for Demolition of portions of the House, the entire garage
structure on the property, and portions of the adjoining structure to the west located at 209 9th
Street, also owned by the same property owner and located on the same lot. (HPB File No.
2887).
The Coral Rock Structure survived three hurricanes during the 2005 hurricane season, but
suffered further roof damage/collapse, as evidenced by visual examination from nearby
structures. Doug Wood, the structural engineer who had worked on behalf of the City preparing
structural plans for the shoring, bracing and restoration of the House, worked with the Building
Department throughout the Spring and resolved all of the Department's comments on his plans,
except for the two tests that needed to be performed on the property, specifically, the soil test (to
test the ability of the soils on site to withstand loads necessary for shoring and bracing), and a
load test (to test the ability of the coral rock within the structure to also withstand anticipated
structural stress during shoring, bracing and restoration). The property owner never gave his
permission for any City representative or Doug Wood or other City consultant to come on to the
property to perform these tests, and to our knowledge has not performed these tests
themselves. The tests are the last remaining pieces to the design and approval of plans for
shoring, bracing and restoration.
We are committed to providing excellent public service to all who live, work and play in our vibrant, tropical, historic community.
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Page: 2
Date: April 3, 2006
LTC - 900 Collins Avenue Demolition - Status Report
The Acting Building Official, Hamid Dolikhani, met with a structural engineer who had been
involved with the restoration of the Pentagon after "9/11". This engineer provided alternative
conceptual plans for the shoring and bracing of the House, which the engineer stated were
significantly less expensive than the ones prepared previously for the City. The City was in the
process of hiring this engineer when the property owner hired him instead. While the engineer
was supposed to prepare more definitive plans for shoring, bracing and restoration of the House
before the USB hearing, they have not been presented to the City as yet for review.
On Wednesday, November 16, 2005, the Miami-Dade County USB metto consider amending its
order of February 16, 2005, as required by Court Order. The USB took testimony, deliberated,
and amended its order in accordance with the Court Order, adding 120 days to obtain a permit,
and 180 days to perform work under the permit for shoring, bracing and repairing the structure.
If no permit is obtained within the 120 day period, the structure is to be demolished, either by the
Building Official, or by the property owner. During the hearing, members of the USB were
sharply critical of the City's not stepping forward to contribute financially to the restoration of the
property, and its delay in hiring an engineer who could prepare plans that were less costly than
the plans previously presented, upon which the determination that no feasible alternative to
demolition existed and demolition was warranted. The USB retains jurisdiction to extend the
120/180 day periods.
On December 5, 2005, the Planning Director formally requested permission from the property
owner to inspect the property under the Minimum Maintenance Standards/Demolition by Neglect
section of the City Code, to determine whether the necessary shoring and bracing plans, and
ultimately a more comprehensive repair and restoration plan, consistent with the Certificate of
Appropriateness issued by the Historic Preservation Board on May 3,2005 can be implemented.
Through their attorney, on December 14, 2005 the property owner denied the request.
On January 25, 2006, the City Attorney, on behalf of the Administration, filed suit in Circuit Court
to compel the property owner to allow an inspection, for the Court to retain jurisdiction to oversee
the City's administration of the Minimum Maintenance Standards/Demolition by Neglect
Ordinance, and ifthe inspection results in engineering analyses that indicate the property could
be repaired, to require the owner to stabilize, shore, repair and restore the existing coral rock
structure. The City has moved for a temporary injunction, and that hearing is scheduled to be
held shortly. Discovery is underway.
On March 16,2006, the Miami-Dade County Board of Rules and Appeals (BORA) heard a
request for interpretation by the Miami Beach Building Official regarding his administrative duties
and responsibilities under Chapter 8 of the Miami-Dade County Code as to his specific
obligations in enforcing the Unsafe Structures Board order. The BORA concluded that the
Building Official has an obligation to proceed with demolition within a reasonable time, but also
that local ordinances, including the requirement of the City Code to obtain a certificate of
appropriateness for demolition, must be observed. Following the City's rejection of the property
owner's application for a demolition permit because it was not accompanied by the required
certificate of appropriateness, on March 17, 2006 the property owner sued the City for the Court
to issue a writ of mandamus directing the Building Official to issue a demolition permit without
the certificate of appropriateness, arguing that an exemption applied. The Building Official had
determined that the exemption from obtaining the certificate did not apply. The City's response
to the Complaint is due in April.
Page: 3
Date: April 3, 2006
LTC - 900 Collins Avenue Demolition - Status Report
The Administration will further update the Commission on this matter as it progresses and as
more information regarding the intentions of the property owner becomes available. If you have
any questions relative to this property, or need additional information, please contact me.
JMG~JGG:TRM
F:\P \$ALL\CM_RESP\900 collins-7 Itc rev.doc
c: Murray Dubbin, City Attorney
Gary Held, First Assistant City Attorney
Rhonda Montoya, First Assistant City Attorney
Bob Parcher, City Clerk
Thomas Velasquez, Building Official
Jorge G. Gomez, Planning Director
William Cary, Assistant Planning Director
Thomas R. Mooney, Design and Preservation Manager
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