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Exhibit B .Tune 1999. PASSED and ADOPTED this 9th day of ATTEST: MAYOR ~'" v CITY CLERK Ordinance No. 99-3186. APPROVED AS TO FORM & LANQUAGE & FOR EXECUTION: ' l_~ 3/ l br °f9 CITY ATTORNEY DATE F:~PLAN\$ALL~DRAFT_OR\®PB~PALM~7IEW,ORD lst reading 4/28/99 .2nd reading 6/9/99 ~XiBIT .,g.. HISTORIC PRESERVATION BOARD City of Miami Beach, Florida ~_ 9=" t•~I ' ~? sus s ~e '~' ~ e-e e~e ? 1 ~ 4- f-~R F!.~; L~ra~Snf, t:~=1S =ia~.trJ'( ,:rijt.d'- (~tP9'2.1 c.r-nL..A. ° t,,y.~ ~~, tl~il~:!.'F'i FtI.It2Ih~r C:LERh~. OF i:OiIRT 4~I~~i~1i l;+f'~C'E r:01.!hIT'(r FL_06:tf'(~ CtI1TIPICATIBN THIS IS TO CERTIFY TlMT TIN ATTACM~ OOGN~R IS A AIO ACCURATE COPY OF Tlt CIN~AL ON FEE ORaCE 11IE OBA1111tIR. MEETING DATE: January 9, 2007 c o eEAdl ~" ~ Chariea A TaR ~ ~ of FI1n ~ My Cammi=elon DD233174 -~ ProOuce ~ i FILE NO: 4079 ~ar.~ ExpireaJuly17,2007 Notxy ' ~;nna Name: C ! ~ r PROPERTY: 841 19`h Street ~'C01""'~10A~1 TAi1 doarnent carNa«n_ ~~,papN. LEGAL: The west '/z of Block 8-A, of "Amended Plat of Golf Course Subdivision", According to the Plat Thereof, as Recorded in Plat Book 6, Page 26, of the Public Records of Miami-Dade County, Florida. IN RE: The Application fora re-hearing for a previously issued Certificate of Appropriateness for the partial demolition, renovation and restoration of the existing 2-story home, including the construction of a new single story ground level addition. Specifically the applicant is requesting to eliminate a condition of the Final Order which requires that the existing hedge height be lowered. CONSOLIDATED O R D E R The applicants, Friedrich Koesters and Michael Jarboe, filed an application with the City of Miami Beach Planning Department for a re-hearing for a previously issued Certificate of Appropriateness. The City of Miami Beach Historic Preservation Board makes the following FINDINGS OF FACT, based upon the evidence, information, testimony and materials presented at the public hearing and which are part of the record for this matter: A. The subject structure is designated contributing in the Miami Beach Historic Properties Database and is located within the Palm View Local Historic District. B On November 14, 2006, the Historic Preservation Board determined, based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, that the project as submitted was consistent vrith the Certificate of Appropriateness Criteria in Section 118- 564(a)(1) of the Miami Beach Code, was not consistent with Certificate of Appropriafss Criteria a, b, d, e, f, g & h in Section 118-564(a)(2) of the Miami Beach Code, was no consistent with Certificate of Appropriateness Criteria a, b, d, e, j, k & m in Section 1 -Ar>,~ 564(a)(3) of the Miami Beach Code, and was not consistent with Certifica ~ ` ,~.. Appropriateness for Demolition Criteria 8 & 9 in Section 118-564(f;(4) of the Miami ~ h~`~: . ~. .sr* Page 2 of 6 HPB File No. 4079 Meeting Date: January 9, 2007 Code. The project would be consistent with the above referenced criteria, subject to the conditions setforth in the November 14, 2006 Final Order for the project. C. The petition submitted for rehearing by the applicants has demonstrated to the board that there is new evidence, which is relevant to the original decision of the Board. Based upon this new evidence, the request for a rehearing of the subject project is GRANTED. D. The project would remain consistent with the criteria and requirements of section 118-564 if the following consolidated conditions are met: Revised elevation, site plan and floor plan drawings, consistent with Exhibit "A" submitted at the public hearing, shall be submitted to and approved by staff; at a minimum, such drawings shall incorporate the following: a. The design of the south elevation of the proposed dining room shall be restudied and revised; the solid to void relationship shall be increased, and a design correlation between the existing and proposed window sills, header, and eyebrows, shall be developed, in a manner to be reviewed and approved by staff. b. The garage door shall be reduced to a standard door height, and the side walls of the garage shall. be curved in a similar manner as the curved walls of the existing doors and windows on the front facade, subject to the review and approval of staff. c. The porthole window of the garage shall be reduced to match the porthole windows on the existing home, subject to the review acid approval of staff. d. Low planters shall be incorporated into the new addition, in front of the dining room, and shall also wrap the southeast corner of the garage, in order to further break-down the scale and form a more cohesive relationship with the architecture of the existing home, in a manner to be reviewed and approved by staff. e. The height of the solid parapet of the proposed addition shall be red~.~ced by one-half, and horizontal railings shall be added on top of the solid portions of the parapet, in a manner to be reviewed and approved by staff. f. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required. g. Prior to the issuance of a Certificate of Occupancy, the project Architect shall verify, in writing, that the subject project has been constructed in accordance with the plans approved by the Planning Department for Building Permit. 2. A revised landscape plan, and corresponding site plan, shall be submitted to and approved by staff. The species type, quantity, dimensions, spacing, location and ~Y~~. Page 3 of 6 HPB File No. 4079 Meeting Date: January 9, 2007 overall height of all plant material shal{ be clearly delineated and subject to the review and approval of staff. At a minimum, such plan shalt incorporate the following: a. The existing front hedge along 19`h Street shall be maintained at a height not to exceed the existing height of eleven (11') feet. Such hedge shall be trimmed back from the sidewalk and shall not project into the sidewalk. b. All exterior walkways and driveways shall consist of decorative pavers, set in sand or other decorative material, subject to the review and approval of staff. c. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain. Right- of-way areas shall also be incorporated as part of the irrigation system. d. Prior to the issuance of a Certificate of Occupancy, the project architect shall verify, in writing, that the project is consistent with the site and landscape plans approved by the Planning Department for Building Permit. 3. The applicant may be required to submit a separate analysis for water and sewer requirements, at the discretion of the Public Works Director, or designee. Based on a preliminary review of the proposed project, the following may be required by the Public Works Department: a. Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable. Unless otherwise specified, the standard color for city sidewalks is red, and the standard curb and gutter color is gray. b. Mill/resurface asphalt in rear alley along property, if applicable. c. Provide underground utility service connections and on-site transformer location, if necessary. d. Provide back-flow prevention devices on all water services. e. Provide on-site, self-contained storm water drainage for the proposed development. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system capacity analysis as determined by the Department and the required upgrades to water and sewer mains servicing this project. g. Payment of City utility impact fees for water meters/services. h. Provide flood barrier ramps to underground parking or rninimurn slab elevation to be at highest adjacent crown road elevation plus 8". (. (~~ Page 4 of 6 HPB File No. 4079 ti1eeting Date: January 9, 2007 Right-of-way permit must be obtained from Public Works. All right-of-way encroachments must be removed. All planting/landscaping in the public right-of-way must be approved by the Public Works and Parks Departments. 4. A drawn plan and written procedure for the proposed demolition shall be prepared and submitted by a Professional Structural Engineer, registered in the State of Florida, which fully ensures the protection of the public safety, as well as the protection of the existing structure on the subject site and all existing structures adjacent to the subject site during the course of demolition. 5. The Certificate of Appropriateness for Demolition shall only remain in effect for the period of time that there is an active Certificate of Appropriateness for the associated new construction on the subject property. 6. At the time of completion of the project, only a Final Certificate of Occupancy (CO) or Final Certificate of Completion (CC) may be applied for; the staging and scheduling of the construction on site shall take this into account. All work on site must be completed in accordance with the plans approved herein, as well as by the Building, Fire, Planning, CIP and Public Works Departments, inclusive of all conditions imposed herein, and by other Development Review Boards, and any modifications required pursuant to field inspections, prior to the issuance of a CO or CC. The Final Order shall be recorded in the Public Records ofMiami-Dade County, riot to the issuance of a Building Permit. 8. The Final Order is not severable, and if any provision or condition hereof is held void or unconstitutional in a final decision by a court of competent jurisdiction, the order shall be returned to the Board for reconsideration as to whether the order meets the criteria for approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditions or impose new conditions. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials presented at the November 14, 2006 and January 9, 2007 meetings, which are part of the record for this matter and the staff reports and analysis from the November 14, 2006 and January 9, 2007 meetings, which are adopted herein, including the staff recommendations which were amended by the Board, that the Application for a Certificate of Appropriateness is GRANTED for the above-referenced project subject to those certain consolidated conditions specified in paragraph C of the Findings of Fact hereof (condition nos. 1-8, inclusive), to which the applicant has agreed. r"-~ Page 5 of 6 HPB File No. 4079 Meeting Date: January 9, 2007 This Final Order consolidates all conditions and requirements for Certificate of Appropriateness approval as same are contained herein and in the original Order of November 14, 2006 as amended. Accordingly, this Order shall serve as the Final Order for the proposed modifications to the project and, in the event of conflict between the provisions hereof and those of the November 14, 2006 Order, the provisions hereof shall control. No building permit may be issued unless and until all conditions of approval as set forth herein have been met. The issuance of a Certificate of Appropriateness does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including zoning approval. If adequate handicapped access is not provided, this approval does not mean that such handicapped access is not required or that the Board supports an applicant's effort to seek waivers relating to handicapped accessibility requirements. When requesting a building permit three (3) sets of plans approved by the Board, modified in accordance with the above conditions as well as annotated floor plans which clearly delineate the Floor Area Ratio (FAR) calculations for the proiect shall be submitted to the Planning Department. If all of the above-specified conditions are satisfactorily addressed, the plans will be reviewed for building permit approval. Two (2) sets will be returned to you for submission for a building permit and one (1) set will be retained for the Historic Preservation Board's file. If the Full Building Permit for the project is not issued within eighteen (18) months of the rehearing meeting date at which the original Certificate of Appropriateness~was modified (January 9, 2007), and construction does not commence and continue in accordance with the requirements of the applicable Building Code, the Certificate of Appropriateness will expire and become null and void, unless the applicant, prior to expiration of such period, makes application to the Board for an extension of time; the granting of any such extension of time shall be at the discretion of the Board. At the hearing on any such application, the Board may deny or approve the request and modify the above conditions or impose additional conditions. Failure to complywith this Qrder shall subject the Certificate of Appropriateness to Section 118-564, City Code, for revocation or modification of the Certificate of Appropriateness. ~ 1 1~. E ~ ~~ Dated this _~ day of \^.1 1 V ~ , 20 HISTORIC PRESERVATION BOARD THE CITY OF MIAMI BEACH, FI~~RIDA ;~ ~', ~ ~ t , BY: THOM/~S R. P~IOONEY, HICP ~ `'~ DESIGN AND PRESERVATION ti1ANA5~ER FOR THE CHAIR -- ~. Page 6 of 6 HPB File No. 4079 Meeting Date: January 9, 2007 STATE OF FLORIDA ) }SS COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this -~ day of ~'~N dq /t,y 20 6 Eby Thomas R. Mooney, Design and Preservation Manager, Planning Department, City of Miami Beach, Florida, a Florida Municipal Corporation, on behalf of the Corporation. He is pers~knaw~-to me. ~_\ ~ ~,'!~ ^ '~ ~p'r"'t1` Charles q TaR ~ ,F~ ~Y Commiss~ pC2~17q ~O" ^ Expres July 17, 2007 NOTARY PUBLIC C~,~.Z t Miami-Dade County, Florida My commission expires: ~~~~T Approved As To Form: Legal Department: -''~ (~- /s - 07 ) Filed with the Clerk of the Historic Preservation Board on ~ ~ '~ ( ~ ) F:`+PLAN\$HPB107HPB1JanHPB07`,4079-rhCONSOLIDATED.fo.doc ,.y 1 /~~~, ... 7 ,. w~ c . ,;,: ~ _' `~u^