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Reso 2024-3770
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Reso 2024-3770
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Last modified
1/6/2025 12:10:42 PM
Creation date
1/6/2025 11:34:57 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3770
Date (mm/dd/yyyy)
11/21/2024
Description
HPB Reversing the decision to Deny a Special Certificate of Appropriateness for Demolition of 334 Atlantic Ave. Approving the issuance for demolition.
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demolition and new structures. However, the Applicant does not include information in the <br />application about how the guidance in the document about mitigation and adaptation for historic <br />buildings could be applied to 334 Atlantic Avenue. <br />Further, the Applicant mentions a Florida statute regarding preemption of local ordinances <br />regarding demolition of single-family structures in a coastal high hazard area, moderate flood <br />zone, or special flood hazard area (see Letter of Intent, Footnote 4, page 4). However, this <br />statute, §553.79(26), specifically exempts privately owned single-family residential structures <br />designated historic by a local, state, or federal governmental agency on or before January 1, <br />2022 (see §553.79(26)(d)). 334 Atlantic Avenue falls within this exemption category. <br />It is possible that what the applicant wants to do to obtain full use and enjoyment in a <br />structurally sound residential structure may be approvable via a Certificate of Appropriateness <br />(COA) process for modifications to the structure to protect against climate impacts. The owner <br />has not demonstrated any potential mitigation measures, such as elevation or floodproofing, for <br />the building that would allow them to do this. <br />Information submitted with the application is incomplete for purposes of the Historic <br />Preservation Board fully analyzing the request especially with regards to demonstrating why <br />adaptation, mitigation and therefore, rehabilitation is not feasible. Additional information should <br />be provided for the Board to properly analyze the COA request for demolition: <br />• Information on structural analysis to determine the capacity of the structural systems for <br />rehabilitation. <br />• Analysis of concrete core testing demonstrating capacity for rehabilitation or not. <br />• Information on the building improvements recommended for building code compliance <br />and associated costs and why these mitigation measures/improvements are not an <br />option for the applicant. <br />• Information on potential floodproofing, foundation stabilization, elevating and/or <br />relocating structure and associated costs. <br />• Coordination with the Building Department to determine what historic structure variances <br />are available within the Building Code and FEMA requirements. <br />The review in this report is based upon information provided and COA review criteria in the City <br />of Sunny Isles Beach Code. As a consultant serving in an adjunct staff role, my purview is <br />limited to reviewing the request and its consistency with the City's Code. If the above <br />information was provided, it would not change my recommendation as that is information <br />outside the Code review criteria. However, it is additional information that the Board could weigh <br />as part of their overall decision-making of all available evidence and would aid in the Board's <br />decision-making. <br />Based solely on the information provided with the request for demolition and analyzing <br />the request against the City's criteria for Certificates of Appropriateness review, it is my <br />recommendation that the HPB deny the request for demolition for Water Court Villa at 334 <br />Atlantic Avenue. <br />Page 11 of 98 22 <br />
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