HomeMy WebLinkAboutReso 2024-3770RESOLUTION NO. 2024 - =0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, REVERSING THE DECISION OF THE HISTORIC PRESERVATION BOARD TO
DENY A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF THE
STRUCTURE LOCATED 334 ATLANTIC AVENUE; APPROVING THE ISSUANCE OF A
SPECIAL CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION OF THE
STRUCTURE LOCATED 334 ATLANTICAVENUE; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") created a Historic Preservation Board
("HPB"), with certain powers and duties, as enumerated in Section 171-3 of the City's Code of
Ordinances, including the approval or denial of Certificates of Appropriateness ("COA"); and
WHEREAS, the structure located at 334 Atlantic Avenue (Folio No. 31-2214-003-0550) was
designated as a historical landmark by Miami -Dade County in 1984, and redesignated as such by
the City in 2005 via Resolution No. 2005-808 ("Subject Structure"); and
WHEREAS, on or about August 25, 2023, George H. Scholl ("Property Owner") submitted an
application for a Special COA for the demolition of the Subject Structure; and
WHEREAS, on May 7, 2024 and on September 11, 2024, the Property Owner presented his
application to the HPB for a Special COA for demolition of the Subject Structure, which was denied
by the HPB; and
WHEREAS, the Property Owner timely submitted an appeal of the HPB's denial of the
Special COA to the City Commission, pursuant to Section 171-4 (D) of the City's Code of Ordinances;
and
WHEREAS, having held a public hearing and upon consideration of all facts material to the
appeal, the City Commission wishes to reverse the decision of the HPB and grant the Special COA to
the Property Owner for demolition of the Subject Structure;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Reversal of Decision. The City Commission hereby reverses the decision of the
Historic Preservation Board to denythe issuance of a Special Certificate of Appropriateness for the
demolition of the structure located at 334 Atlantic Avenue (Folio No. 31-2214-003-0550).
Section 2. Approval of Special Certificate of Appropriateness. The City Commission hereby
approves the issuance of a Special Certificate of Appropriateness for demolition of the structure
located at 334 Atlantic Avenue (Folio No. 31-2214-003-0550).
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
R2024 Reverse HPB Denial re COA for 334 Atlantic Isle Demo.doc REVISED——. Q r uDQ Dee al re GOA F,.. 331 Atlantic ��Beme
Page 1 of 2
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 211t day o Plovem er, 2024.
Larisa Svechi , Mayor
ATTEST: APPROVED AS TO FORM
11 AND LEGAL SUFFICIENCY:
Mauricio eta cur, MC, City Clerk Alain E. Boileau, for Nabors, Giblin &
Nickerson, P.A., City Attorney
Moved by: 6AAa5/0AC- U/Z"Seconded by:A-
Vote:
Mayor Svechin (Yes) (No)
Vice Mayor Lama —Z(Yes) �(No)
Commissioner Joseph (Yes) ,/ (No)
Commissioner Stuyvesant (Yes) (No)
Commissioner Viscarra (Yes) (No)
R2024 Reverse HPB Denial re COA for 334 Atlantic Isle Demo.doc REVISEDR2021 o,.,,..,.. WBB Denial Fe GOA fEW 334 n i t Deme
Page 2 of 2
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C`Tr 4F SVA J-�
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Amy Canales, Planning and Zoning Director
DATE: November 21, 2024
RE: Appeal of Historic Preservation Board decision for Special Certificate of
Appropriateness at 334 Atlantic Avenue
RECOMMENDATION:
This item is being presented for your consideration and action.
REASONS:
Pursuant to Section 171-4(D), the applicant and owner of the property located at 344 Atlantic Isle
(Property) is requesting an appeal of the Historic Preservation Board's (HPB) decision to deny the
issuance of a Special Certificate of Appropriateness for demolition of the Property. See attached Notice
of Appeal and Supplemental Notice of Appeal.
The City Commission will hear and consider all facts material to the appeal and render a decision. Upon
consideration, the City Commission may affirm, modify, or reverse the HPB's decision. Their decision
shall constitute final administrative review, and no petition for rehearing or reconsideration will be
considered. However, appeals from decisions of the City Commission may be made to the courts as
provided by the Florida Rules of Appellate Procedure.
ATTACHMENTS:
City Consultant's Report and Original Application
Peer Review Report
Notice of Appeal
Supplemental Notice of Appeal
Item Number: 7.A
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COMMUNITY PLANNING
COLLABORATIVE
MEMORANDUM
To: City of Sunny Isles Beach Historic Preservation Board
CC: Amy Canales, AICP, Planning & Zoning Director; Alain E. Boileau, City Attorney
From: Adrienne Burke, AICP; Esq., Principal, Community Planning Collaborative LLC
Subject: Special COA Request, 334 Atlantic Avenue, Sunny Isles Beach, FL 33160
Date: October 29, 2023
Owner:
George Scholl and Dione Del Monico
Applicant:
George Scholl and Dione Del Monico
Address:
334 Atlantic Avenue (Water Court Villa)
Folio:
31-2214-003-0550
Location:
Southern parcel at the westernmost end of Atlantic Avenue along the
cul-de-sac
Legal Description:
ATLANTIC ISLAND PB 34-17
LOTS 71 & 72 & PROPR INT IN PT
LOT 96 PB 5-35 PER DB 3887-597
SUBJ TO HISTORIC SITE
RESTRICTIONS AS PER
CO ORD 81-13
OR 16089-0528 0993 2 (2)
F/A/U 30-2214-003-0550
Existing Use:
Residential
Proposed Use:
Residential
Land Use:
Low Density Residential
Zoning:
R-1 Low Density Single Family
Request:
Special Certificate of Appropriateness for Demolition
Page 1 of 98 12
Background Information
334 Atlantic Avenue, known as Water Court Villa, and the associated pergola, were designated
as individual landmarks by Miami -Dade County in 1984. (See Appendix B.) After the City of
Sunny Isles Beach created their own historic preservation program and incorporated the Historic
Preservation Board, the City redesignated the structure and pergola as individual historic sites
within the City via Resolution 2005-808. (See Appendix C.) 334 Atlantic Avenue is one of three
individual sites designated by the City of Sunny Isles Beach.
Sunny Isles was initially developed by Harvey B. Graves. He purchased 2000 acres of land from
the Tatum Brothers' Model Land Company, and platted his development into seven subdivisions.
Water Court Villa is within the Atlantic Island subdivision. As of the 1984 designation, it was
noted that Atlantic Island was the sole single family residential area of Sunny Isles Beach that
remained. The pergola that was part of the 334 Atlantic Avenue property was part of the initial
development of the subdivision's infrastructure that was utilized in marketing.
The house dates to c.1927, in the waning days of the Florida Land Boom. It was originally
owned by the Sunny Isles Ocean Beach Company. In 1936, the home was sold to James L.
Lee, a real estate broker, as part of a sale involving many acres in the area of Sunny Isles. This
sales contract refers to the property as "Water Court Villa." James Lee turned over the contract
to the North Miami Beach Corporation. Kurtis R. Froedtert, President of the corporation, took
over marketing and development of the subdivision.
Aerial of 334 Atlantic Avenue in Sunny Isles Beach, highlighted in yellow. (Miami -Dade County Property Appraiser).
Page 2 of 98 13
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334 Atlantic Avenue, May 1956. (Miami -Dade County Property Appraiser).
334 Atlantic Avenue, May 1956. (Miami -Dade County Property Appraiser).
Page 4 of 98 15
334 Atlantic Avenue, c.1970s (81DA5081 Florida Master Site File Form).
334 Atlantic Avenue, July 2023 (Amy Canales, City of Sunny Isles Beach).
Page 5 of 98 16
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Building Description and Architectural Significance
334 Atlantic Avenue is a Mediterranean Revival style structure. The house consists of two
rectangular wings, symmetrically placed around a central courtyard and connected by a
two-story breezeway. It is a two-story masonry structure. Character -defining features include
barrel -tile roofs, a two-story gallery with arches, arched window groupings, courtyard,
breezeways, balconies, wooden brackets and pendants, decorative wrought iron balconette,
small coats of arms flanking windows, and iron lanterns. Water is within view on three sides of
the structure, and the placement of the property in context to the environment was noted in the
original 1984 County designation. The property has a large front lawn with palms.
The pergola, which was on a separate, adjacent parcel to the residential structure, suffered
damage after Hurricane Wilma. The pergola was deemed structurally unsafe, and demolished
via a Certificate of Appropriateness approved by the City's Historic Preservation Board in 2007.
Request
The owners' request a Special Certificate of Appropriateness (COA) for demolition of the
structure (see Appendix A). The request is based on changing circumstances regarding
flooding, sea level rise, and climate change and the associated hardships related to maintaining
the property. The owners have submitted information from a professional structural engineer as
part of their request.
The basis for request is the issue of climate change, sea level rise and flooding, which is not
contemplated in the City's COA review criteria. It is accurate that the risk of flooding and sea
level rise is of legitimate concern to many historic resources in Miami -Dade County. See
attached Appendix E for additional information.
The applicant has indicated they do not want to demolish the structure now. They want to obtain
full use and enjoyment of the property for residential uses with a structurally sound residential
structure.
Review Criteria
The following review criteria apply to the request for the Special COA for demolition:
City of Sunny Isles Beach Code
Decisions on certificates of appropriateness
§171-10. The Board's decision on an application for a certificate of appropriateness shall
be based upon an evaluation of the compatibility of the physical alteration or
improvement with surrounding properties and, where applicable, compliance with the
following:
A. The Secretary of the Interior's Standard for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, as revised from time to time; and
Page 7 of 98 18
B. Other guidelines/policies/plans adopted or approved by resolution or ordinance
by the City Commission.
The City of Sunny Isles Beach has not adopted any guidelines, policies, or plans pursuant to
§171-10(B). The City does not have any criteria in the Code specific to demolition requests.
Analysis
The request for demolition is analyzed based on the criteria for COA review as outlined in the
City of Sunny Isles Beach code. Code Section §171-10 includes the following criteria for review:
1) an evaluation of the compatibility of the physical alteration or improvement with surrounding
properties and 2) compliance with the Secretary of the Interior's Standards for Rehabilitation
and other guidelines/policies/plans adopted by the City Commission.
As to an evaluation of the compatibility of the physical alteration (in this case, demolition) with
surrounding properties, demolition leaving a vacant lot would not be compatible with the
residential nature of the area. New construction built to current codes could potentially be
non -compatible with surrounding properties. Properties immediately adjacent to the structure
are built at -grade, similar to the current structure at 334 Atlantic Avenue. Properties in the
immediate vicinity built in 1951, 1957, and 1972 arguably also do not meet current building
codes. New construction that is elevated or substantially different may not be compatible with
surrounding properties; however, this is speculative given that no new construction plans were
submitted with the demolition request.
The Secretary of the Interior's Standards for Rehabilitation (SOIS) are utilized here as the
primary review criteria given that no additional guidelines, policies or plans have been adopted
by the City. The Applicant states that a new structure would be more compatible and that
structural deficiencies prevent rehabilitation and alteration (see Letter of Intent, page 3) and
therefore, the SOIS are not applicable. However, no specific information has been provided that
demonstrates the structural deficiencies identified could not be corrected. In the absence of
such information, rehabilitation is presumably feasible to address issues such as roof
connections and masonry reinforcement.
The following analysis evaluates compliance with the SOIS based on the information provided
with the application. In reviewing the applicable Secretary of the Interior's Standards for
Rehabilitation (1, 2, 5, 6, 9, 10), the request for demolition is not compliant.
Secretary of the Interior's Standards for
Analysis
Rehabilitation
1. A property shall be used for its historic
Not Compliant
purpose or be placed in a new use that
requires minimal change to the defining
The proposed demolition is not a minimal
change to the defining characteristics of the
Page 8 of 98 19
Secretary of the Interior's Standards for
Analysis
Rehabilitation
characteristics of the building and its site and
building and its site.
environment.
2. The historic character of a property shall
Not Compliant
be retained and preserved. The removal of
historic materials or alteration of features and
Demolition would not retain or preserve the
spaces that characterize a property shall be
historic character of the property and would
avoided.
result in removal of historic materials and
alteration of features and spaces that
characterize the property.
3. Each property shall be recognized as a
Not Applicable
physical record of its time, place, and use.
Changes that create a false sense of
This standard is not applicable as no changes
historical development, such as adding
are proposed that create a false sense of
conjectural features or architectural elements
historical development.
from other buildings, shall not be undertaken.
4. Most properties change over time; those
Not Applicable
changes that have acquired historic
significance in their own right shall be
This standard is not applicable as it
retained and preserved.
addresses alterations to properties that have
since acquired historic significance on their
own.
5. Distinctive features, finishes, and
Not Compliant
construction techniques or examples of
craftsmanship that characterize a historic
The request is for demolition of the structure
property shall be preserved.
that would not preserve distinctive features,
finishes and construction techniques or
examples of craftsmanship.
6. Deteriorated historic features shall be
Not Compliant
repaired rather than replaced. Where the
severity of deterioration requires replacement
The application references deterioration and
of a distinctive feature, the new feature shall
non-compliance with current building codes,
match the old in design, color, texture, and
but does not provide information on how the
other visual qualities and, where possible,
deterioration or code issues could be repaired
materials. Replacement of missing features
rather than removed.
Page 9 of 98 20
Secretary of the Interior's Standards for
Analysis
Rehabilitation
shall be substantiated by documentary,
physical, or pictorial evidence.
7. Chemical or physical treatments, such as
Not Applicable
sandblasting, that cause damage to historic
materials shall not be used. The surface
No chemical or physical treatments are
cleaning of structures, if appropriate, shall be
proposed with the request.
undertaken using the gentlest means
possible.
8. Significant archeological resources
Not Applicable
affected by a project shall be protected and
preserved. If such resources must be
There are no known areas of archaeological
disturbed, mitigation measures shall be
significance in the vicinity. (Confirmed by
undertaken.
Miami -Dade County Archaeologist Jeff
Ransom; June 27, 2023)
9. New additions, exterior alterations, or
Not Compliant
related new construction shall not destroy
historic materials that characterize the
The applicant proposes construction of a new
property. The new work shall be differentiated
building that would require demolition of the
from the old and shall be compatible with the
existing structure, thereby destroying historic
massing, size, scale, and architectural
materials that characterize the property.
features to protect the historic integrity of the
property and its environment.
10. New additions and adjacent or related
Not Compliant
new construction shall be undertaken in such
a manner that if removed in the future, the
Related new construction would require
essential form and integrity of the historic
demolition of the structure and would impair
property and its environment would be
the essential form and integrity of the historic
unimpaired.
property and its environment.
The Applicant references the Secretary of the Interior's Standards for Rehabilitation and
Guidelines on Flood Adaptation for Rehabilitating Historic Buildings. This guidance was initially
released by the National Park Service in 2019 and updated in 2021. The majority of the
document addresses options for mitigating and adapting historic structures for flooding and
flood prevention. The Applicant notes a section of this guidance that discusses allowing
Page 10 of 98 21
demolition and new structures. However, the Applicant does not include information in the
application about how the guidance in the document about mitigation and adaptation for historic
buildings could be applied to 334 Atlantic Avenue.
Further, the Applicant mentions a Florida statute regarding preemption of local ordinances
regarding demolition of single-family structures in a coastal high hazard area, moderate flood
zone, or special flood hazard area (see Letter of Intent, Footnote 4, page 4). However, this
statute, §553.79(26), specifically exempts privately owned single-family residential structures
designated historic by a local, state, or federal governmental agency on or before January 1,
2022 (see §553.79(26)(d)). 334 Atlantic Avenue falls within this exemption category.
It is possible that what the applicant wants to do to obtain full use and enjoyment in a
structurally sound residential structure may be approvable via a Certificate of Appropriateness
(COA) process for modifications to the structure to protect against climate impacts. The owner
has not demonstrated any potential mitigation measures, such as elevation or floodproofing, for
the building that would allow them to do this.
Information submitted with the application is incomplete for purposes of the Historic
Preservation Board fully analyzing the request especially with regards to demonstrating why
adaptation, mitigation and therefore, rehabilitation is not feasible. Additional information should
be provided for the Board to properly analyze the COA request for demolition:
• Information on structural analysis to determine the capacity of the structural systems for
rehabilitation.
• Analysis of concrete core testing demonstrating capacity for rehabilitation or not.
• Information on the building improvements recommended for building code compliance
and associated costs and why these mitigation measures/improvements are not an
option for the applicant.
• Information on potential floodproofing, foundation stabilization, elevating and/or
relocating structure and associated costs.
• Coordination with the Building Department to determine what historic structure variances
are available within the Building Code and FEMA requirements.
The review in this report is based upon information provided and COA review criteria in the City
of Sunny Isles Beach Code. As a consultant serving in an adjunct staff role, my purview is
limited to reviewing the request and its consistency with the City's Code. If the above
information was provided, it would not change my recommendation as that is information
outside the Code review criteria. However, it is additional information that the Board could weigh
as part of their overall decision-making of all available evidence and would aid in the Board's
decision-making.
Based solely on the information provided with the request for demolition and analyzing
the request against the City's criteria for Certificates of Appropriateness review, it is my
recommendation that the HPB deny the request for demolition for Water Court Villa at 334
Atlantic Avenue.
Page 11 of 98 22
If the Board finds competent, substantial evidence has been provided to support the request for
demolition, the following mitigation is recommended as a condition:
• Full exterior architectural and photo documentation of the structure, to include 3D laser
scanning. Information should be provided to the Florida Division of Historical Resources
as part of an updated Florida Master Site File form, and to the City of Sunny Isles Beach.
• Placing a one-year time limit on the approval, with the potential for a one-year extension,
for a total of a two year approval.
Recommended Motion Format
I move to recommend (approval) (denial) (approval with the following conditions) (to
continue the request for a Special Certificate of Appropriateness for demolition of the
residence located at 334 Atlantic Avenue (Folio 31-2214-003-0550), based on a finding this
request (is) (is not) consistent with the criteria as outlined in Section §171-10 of the City of
Sunny Isles Beach Code. (If conditions apply. state those conditions on the record).
Community Planning
Collaborative LLC
904.577.0255
info@planningcollab.com
221 N. Hogan Street, Suite 237
Jacksonville, FL 32202
www.planningcollab.com
Page 12 of 98 23
Appendix A
Letter of Intent for COA Demolition Request Submitted by Applicant
Page 13 of 98 24
VIA EMAIL
August 25, 2023
Ms. Amy Canales
Director of Planning and Zoning
City of Sunny Isles Beach
18070 Collins Avenue, 3rd Floor
Sunny Isles Beach, FL 33160
11- OF
ISLES 9
RECEIVED
8/25/2023
PLANNING & ZONING DEPT.
Re: Application for Certificate of Appropriateness -334 Atlantic Avenue
Dear Ms. Canales:
On behalf of our clients, George Scholl and Dione Del Monico ("Owner" or
"Applicant"), the owners of 334 Atlantic Avenue in the City of Sunny Isles Beach (the
"Property"), we respectfully submit this letter of intent in support of an application to the
City of Sunny Isles Beach Historic Preservation Board ("Board") for issuance of a
certificate of appropriateness ("COA") to demolish the historically -designated residential
structure on the Property.
While Owner has no immediate plans for demolition and hopes to continue as a
steward of the structure for as long as Owner owns it,1 as further detailed below the current
conditions and realities of the structure's elevation, deterioration, and location on the
Property require the relief sought.
1 Owner originally sought to remove the individual historic site designation of the
structure so it did not have to immediately seek demolition, however, the City does not
have any criteria in its Code to remove historic designation and the criteria for listing a
structure as historic does not include structural deterioration, flooding, or sea -level related
issues. While Owner maintains that this lack of process is an unconstitutional infringement
on Owner's due process rights, and without waiving and legal rights to challenge that
process, Owner is proceeding with an application for a certificate of appropriateness for
demolition.
Page 14 of 98 25
Overview of the Structure and Current Conditions
The residential structure, along with the "Pergola"' were first designated individual
historic sites in 1984 through County Resolution No. 8401. In 2005, following
incorporation and formation of the Historic Preservation Board, the City of Sunny Isles
Beach ("City") redesignated the structure and the Pergola as individual historic sites
through Resolution No. 2005-808, along with the Atlantic Isles Entrance Bridge, Atlantic
Isles Lake Bridge, and the Sunny Isles Beach Pier.
Since purchasing the Property in 1993, Owner has invested substantial amounts of
time and money into repairing and maintaining the structure in accordance with the City's
historic preservation guidelines. However, as thirty years has gone by and the home
reaches an age of 87, South Florida's climate is changing and sea levels have risen. It is
now apparent that the residential structure, which is located adjacent to the water's edge in
a high-risk flood zone, exposed to salt air and subject to periodic flooding, runs the risk of
hurricane damage and further structural deterioration.
According to Youssef Hachem Consulting Engineering, the professional structural
engineer hired by this Firm, the building "is in poor condition and does not comply with
current building code..." and "has some deficiencies that might compromise the integrity
of the structure in case of a hurricane or storm scenario." A copy of the Engineering Report
is attached hereto as Exhibit A. Structurally, the "roof connections for wind uplift forces
and wind lateral resistance are non-existent"; the building has "several linear cracking on
the walls, concrete spalling, clay masonry walls that are unreinforced with linear cracking";
and "CMU reinforcing is also non-existent." Due to the structural deficiencies, it is not
feasible to elevate or move the structure. Compounding these issues, Owner was recently
informed that the windstorm and flood portions of their homeowners insurance would be
increased from $76,916 per year to $121,584 per year, making it economically unfeasible
to fully insure the structure. Considering these grim realities, Owner respectfully requests
that the Board issue a Certificate of Appropriateness to demolish the structure.
Board Review of Certificate of Appropriateness Applications
When reviewing an application for certification of appropriateness, the Board's
decision must be based on "an evaluation of the compatibility of the physical alteration or
improvement with surrounding properties" and, where applicable, compliance with (A)
"The Secretary of Interior's Standard for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings, as revised from time to time"; and (B) "Other guidelines/policies/plans
2 The Pergola existed on a separate, abutting parcel owned by the Applicant and was
demolished following the issuance of a Certificate of Appropriateness from the City's
Historic Preservation Board (HPB Resolution 2007-05).
Page 15 of 98 26
adopted or approved by resolution or ordinance by the City Commission." § 171-10, City
Code.
The structure is located adjacent to the water's edge and is not elevated or otherwise
compliant with current Florida Building Code standards. Issuing a COA for demolition
would allow construction of a new structure in a more flood -resilient method, making the
Property more compatible with "surrounding properties." This is an application for
demolition related to structural deficiencies and elevation that prevent rehabilitation and,
as such, the Secretary of Interior's Standard for Rehabilitation and Guidelines are not
applicable and Owner is not aware of any Other guidelines/policies/plans adopted or
approved by resolution or ordinance by the City Commission. However, Secretary of
Interior's Standard for Rehabilitation and Guidelines on Flood Adaption for Rehabilitating
Structures recognizes that "in making land -use and planning decisions for a community or
neighborhood, there may be situations when it is necessary to identify sacrificial historic
sites or structures" and that "demolition could be chosen to remove buildings most at
risk ... to allow for new structures designed to withstand water damage in future flood
events." See Guidelines on Flood Adaption for Rehabilitating Structures p. 126.
This is not the first time that the Board has issued a certificate of appropriateness
for demolition in these circumstances. The "Pergola," which existed on a separate, abutting
parcel owned by the Applicant has already fallen victim to hurricane damage. In 2007,
following damage from Hurricane Wilma, the Pergola was deemed structurally unsound
and uninsurable. The Board determined that the relevant standard to issue a COA for
demolition was "upon an evaluation of the compatibility of the physical alteration or
improvement with surrounding properties" and, applying that standard, issued the COA for
demolition (HPB Resolution 2007-05), and the Pergola was subsequently demolished.
In addition to this precedent, it is well established that changed circumstances and
hardships, such as those affecting Owner, warrant the relief that Owner seeks.' While
3 See, e.g., Lorenz a City of Florissant, 747 S.W.2d 222 (Mo. 1988) (holding that a
variance to a local historic district zoning restriction may be granted based on parcel
specific hardships); State by Powderly a Erickson, 301 N.W.2d 324 (Minn. 1981) (holding
that to permanently deny an owner the beneficial use of his property by requiring him to
make a substantial investment in repairs and renovations over his objection would
constitute a taking for which the owner would have a right of compensation); Lafayette
Park Baptist Church a Scott, 553 S.W.2d 856 (Mo. App. 1977) (holding that a landowner
could not be obligated under the police power of the state, absent condemnation, to expend
his money for the benefit of the public or alternatively to forgo any use of his land for the
foreseeable future as a result of the determination of a board of adjustment under an
historical district ordinance that it was physically possible to save a structure, although at
an expense unwarranted by any possible use of the structure after rehabilitation); Joachim
Page 16 of 98 27
Owner hopes to avoid a takings claim, denying demolition in these circumstances
constitutes an unconstitutional taking of private property, especially where the cost of
restoration or maintenance is so great that the owner would be precluded from making
economically beneficial use of the property. See e.g., Lucas a South Carolina Coastal
Council, 505 U.S. 1003 (1992) ("when the owner of real property has been called upon to
sacrifice all economically beneficial uses in the name of the common good, that is, to leave
his property economically idle, he has suffered a taking"). Moreover, where the purpose
of historic designation is to preserve a residential structure and it is no longer safe or
possible to use or maintain the structure for residential purposes, these changed
circumstances obviate the utility of both rehabilitation and historic designation.4
In light of the foregoing, Owner respectfully requests a certificate of appropriateness
for demolition, with a duration of two (2) years and the ability to extend for another two
(2) years, to provide Owner with the flexibility to obtain the full use and enjoyment of the
Property for residential uses along with a structurally sound residential structure.
Thank you in advance for your consideration of this request. If you have any
questions, please don't hesitate to contact me.
Sincerel ,
Ian E. DeMello, Esq.
For the firm
Beno Steinberg, New York City's Landmarks Law and the Rescission Process, 66 N.Y.U.
Ann. Surv. Am. L. 951, 954 (2011).
4 It is also compelling that the Florida legislature preempted local ordinances that seek
to prevent demolition of single-family residential structures in flood prone areas. §
553.79(25), Fla. Stat. ("A local law, ordinance, or regulation may not prohibit or otherwise
restrict the ability of a private property owner to obtain a building permit to demolish his
or her single-family residential structure located in a coastal high -hazard area, moderate
flood zone, or special flood hazard area according to a Flood Insurance Rate Map issued
by the Federal Emergency Management Agency for the purpose of participating in the
National Flood Insurance Program if the lowest finished floor elevation of such structure
is at or below base flood elevation as established by the Florida Building Code or a higher
base flood elevation as may be required by local ordinance, whichever is higher, provided
that such permit otherwise complies with all applicable Florida Building Code, Florida Fire
Prevention Code, and Life Safety Code requirements, or local amendments thereto.").
Page 17 of 98 28
Exhibit A
Page 18 of 98 29
STRUCTURAL CONDITION ASSESSMENT
334 Atlantic Isle,
Sunny Isles Beach, Florida 33160
Prepared for
Shubin & Bass, P.A.
H222740
February 6, 2023
MsCE
www.yhengineering.com 99 NW 27 Ave, Miami, FL. 33125, (305) 969-9423, Fax (305) 969-9453
Youssef Hachem Consulting Engineering
Page 19 of 98 30
TABLE OF CONTENTS
I. Introduction
Page 3
II. Methodology
Page 3
III. Structural System
Page 4
IV. Structural Evaluation
Page 4
V. Site Observations
Page 5
VI. Lab Concrete Testing
Page 10
VII. Conclusions
Page 10
VIII. Recommendations
Page 10
Appendix A - Photos Page 12
Appendix B — NV5 Report Page 14
W
Page 20 of 98 31
STRUCTURAL CONDITION ASSESSMENT for
334 Atlantic Isle,
Sunny Isle Beach, Florida 33160
I. INTRODUCTION
General
We have conducted a visual structural condition assessment on the existing structure
located at 334 Atlantic Isle, Sunny Isle Beach, FL 33160.
The purpose of the inspection is to assess the structural condition of the structure, to
evaluate the structural capacity of the building.
Property appraiser information
Based on Miami Dade County property appraiser, the structure was built in 1936, the
building rises 2 stories with a living area of approximately 5,104, square feet.
II. METHODOLOGY
This inspection was visual in nature from the exterior and interior of the building. Our
office did not perform any destructive or non-destructive testing; however, Shubin &
Bass did engage NV5 to perform concrete core samples to test for:
1- Concrete compressive strength
2- Extent of Carbonation
3- Chloride Content
The report in its entirety is in Appendix B. Discussion of the results are to follow in this
report.
No structural analysis was performed on the building to determine the capacity of the
structural systems. It's our opinion that the current structural system of the building
does not comply Florida Building Code 2020 (7th edition), HVHZ (High Velocity Hurricane
Zone) edition.
3
Page 21 of 98 32
III. STRUCTURAL SYSTEMS
The structure is a two-story building. The building's structural system is as follows:
- First Floor - Crawl Space Flooding Level
o Concrete Grade Beams supported on piles.
o Concrete Slab over grades beam.
- Second Floor:
o Plywood.
o Wood Joist seated on top of the wall without any strap connector.
o Clay block wall unreinforced, interlocked by mortar.
- Roof:
o Wood Trusses over the wall, with wood collar ties. Notice there are not any
connectors between the wall and the wood truss.
o Clay tiles.
Performing the inspection visually was useful to determine spalling and cracking issues
on the concrete structure. Our office coordinated to perform some destructive and non-
destructive test to determine the capacity of the structural systems. Notice in this report
we are addressing the results of the test in Appendix B.
IV. STRUCTURAL EVALUATION
Building constructions and standards of the 1930's are considered deficient by today's
standards. This applies to this structure and other structures built in the 1930's. This
building does not comply with the current building code. The structure's roof connections
for wind uplift forces and for wind lateral resistance are non-existent. Moreover,
openings protection and CMU reinforcing is also non-existent. To bring this building into
compliance, it must undergo level III alteration of the Florida Building Code 2020 (7th
edition) for existing structures. This means that the building has to be strengthened to
comply with the current Florida Building Code. Which means that the roof connection tie
downs have to be implemented to strengthen the roof and lateral load structural
systems have to be installed, such as shear walls. Wall openings such as doors and
windows and the exterior CMU walls must be reinforced. All corners of the building
would need concrete columns. Hence, the foundations also must be strengthened to
resist such lateral loads.
According to the structural inspection we determined that the following areas need
repair:
• Several linear cracking on the walls (clay blocks unreinforced).
51
Page 22 of 98 33
• Concrete Lintels beams have several linear cracking. (See images Appendix A).
• Some spots on the structure with concrete spalling.
• The clay masonry unit wall is unreinforced and has linear cracking along the
perimeter of the building. (See images Appendix A).
• Clay units are interlocked by mortar, and the cells are empty.
• Grade beams are in deteriorated situation, rebar has evidence of rust due to
several cracking and spalling. (See image 2)
All the issues described above are addressed according to our visual inspections (see
Appendix A).
We did not find any structural as built plan or historical plan available to review.
According to the facts described above, the structural bearing walls were built with clay
blocks interlocking each other with mortar and are unreinforced. Neither complies with
current code and standards for structural clay (ASTM C56 — Standard Specification for
Structural Clay Nonloadbearing).
The building is in poor condition and does not comply with current building code as it
presents damage described above like cracking and spalling (See images in appendix a).
Concrete elements such as grade beams present severe linear cracking along their
length, in some cases exposing the rebar. (See image 2).
Image 2. Linear cracking on the concrete tie beam.
As showed in image 2, this typical damage is recurrent in all the grade beams.
V. SITE OBSERVATIONS
5
Page 23 of 98 34
Walls along the perimeter of the structure present linear cracking (close to the openings
elements, such as windows and doors).
Concrete lintel beams present linear cracking, corroding the rebar.
Crawl space presents concrete grade beams with presence of severe linear cracking and
spalling, rusting and corrosion of the existing steel reinforcement.
Based on the inspection performed, and the foregoing facts, we noted the current
building has some deficiencies that might compromise the integrity of the structure in
case of a hurricane or storm scenario.
VI. LAB CONCRETE TESTING
Shubin & Bass engaged NV5, Inc. to conduct concrete laboratory testing on the building
to obtain compressive strength, carbonation depth, and chloride content. The laboratory
extracted three (3) concrete core samples of sizes 3.00 in diameter by 6.00 in length
approximately, which also were used to test for carbonation and chloride.
-Concrete compressive: the results of the testing for concrete strength are tabulated and
charted as follows:
Core
Compressive Strength
Number
[PSI]
1 -Main House Footing
4,240
2 -Boat House Footing
4,020
3 -Boat House Footing
4,860
A
Page 24 of 98 35
Concrete Core Samples
Compressive Strength
6000
a 5000
s
b 4000
a
L
H 3000
a
IA 2000
L
CL
G 1000
U
0
1. Main House Footing 2. Boat House Footing 3. Boat House Footing
Core Number
The Concrete compressive strength ranged from 4,240 to 4,860 psi.
-Carbonation depth: Carbon dioxide from air reacts with the calcium hydroxide in
concrete to form calcium carbonate, this process is called carbonation. Carbonation,
naturally starts from the exterior surface and progresses inwards. Carbonation actually
increases the compressive strength of concrete; however, it also decreases alkalinity,
which is essential for corrosion prevention of the reinforcement steel. The results of the
testing for carbonation depth are tabulated and charted as follows:
Core
Carbonation Depth
Number
[inches]
Exterior Column
0.05
Main House Footing
None Detected
7
Page 25 of 98 36
Concrete Core Samples
Carbonation Depth [inches]
0.06
0.05
z
Y
C 0.04
0
c 0.03
2
'Co 0.02
0
0.01
v
0
1 2 3
Core Number
The carbonation found in the samples ranged between 0" — 0.05".
- Chloride Content: Chloride salts react with the concrete and reduce its alkalinity. When
that happens, the protective layer surrounding the rebar is broken and rebar corrosion
starts. The cores were tested at the bottom, middle and top. Based on the results, the
chloride content obtained ranged from 375 to 660 parts per million (ppm) at the top
sections of the cores, from 990 to 1,220 ppm at the middle and from 380 to 1,050 ppm
at the bottom section of the cores.
Page 26 of 98 37
Chloride Content
Chloride Content at
Chloride Content at
Core
at Top
middle
bottom
Number
(ppm)
(ppm)
(ppm)
Main House
Footing
375
1,200
1,050
Exterior
Column
660
990
380
Page 26 of 98 37
According to the publication "Design and Control of Concrete Mixtures," chlorides may be
introduced into concrete with the separate mix ingredients (admixtures, aggregates,
cement, and mixing water) or through exposure to deicing salts, seawater, or salt laden
air in coastal environments. An acceptable limit depends primarily upon the type of
structure and the environment to which it is exposed during its service life. ACI 31811-14,
table 19.3.2.1 shows that the maximum water-soluble chloride ion (Cl-) content in
concrete (percent by weight of cement) shall be 0.30% for non -pre -stressed concrete
exposed to moisture but not to an external source of chloride and 0.15% for non -pre-
stressed concrete exposed to moisture and an external source of chloride from deicing
chemical, salt, brackish water, seawater, or spray from these sources.
According to ACI 318, the maximum water-soluble chloride ion content in concrete,
percent by weight of cement for exposure class: "Concrete exposed to moisture and an
external source of chloride shall be maximum 0.15 % or 1,500 ppm."
E
Page 27 of 98 38
Concrete Core Samples
Chlorides Content by ppm
1,400.00
1,200.00
....
--------------
1,000.00
1,000.00
E
4
m
800.00
P
.
-
m
600.00
v
406.00
_ Yv
is
200.00
0.00
- —
Main House Footing
Exterlor Column
Core Number
A Chloride Content at Top ppiti
ai Chloride Content at middle ppm Chloride Content at bottom ppm
According to the publication "Design and Control of Concrete Mixtures," chlorides may be
introduced into concrete with the separate mix ingredients (admixtures, aggregates,
cement, and mixing water) or through exposure to deicing salts, seawater, or salt laden
air in coastal environments. An acceptable limit depends primarily upon the type of
structure and the environment to which it is exposed during its service life. ACI 31811-14,
table 19.3.2.1 shows that the maximum water-soluble chloride ion (Cl-) content in
concrete (percent by weight of cement) shall be 0.30% for non -pre -stressed concrete
exposed to moisture but not to an external source of chloride and 0.15% for non -pre-
stressed concrete exposed to moisture and an external source of chloride from deicing
chemical, salt, brackish water, seawater, or spray from these sources.
According to ACI 318, the maximum water-soluble chloride ion content in concrete,
percent by weight of cement for exposure class: "Concrete exposed to moisture and an
external source of chloride shall be maximum 0.15 % or 1,500 ppm."
E
Page 27 of 98 38
Chloride Limits for Concrete as required
by ACI 318 Building Code for Structural Concrete
VII. CONCLUSIONS
The structure elements of the building do not comply the current code. (ACI -530; ASTM
C56 & FBC 2020).
Based on our inspection, we conclude that the walls are composed of clay masonry units
and the cells of these units are empty, without grout and therefore are unreinforced.. All
the lintel concrete beams inspected present critical linear cracks, corroding the rebar.
Grade beams contain critical damage such as spalling and severe cracking, that might
compromise integrity of the structure.
Based on our inspection, and the damage and the circumstances described above, it is
our professional opinion that the current structure has the potential risk of failure in case
of a hurricane or heavy storm scenario.
VIII. RECOMMENDATIONS
Based on the site observations, the conditions of the structural members of the building
and level III alteration required by the Florida Building Code, the structural members of
this building need to undergo extensive rehabilitation, including CMU reinforcement,
lateral systems construction, and strengthening of the foundations. Moreover, repairs to
the roof and spalled concrete have to be done. The required foundations augmentation
might compromise the total stability and integrity of the house.
In order to raise the structure, scaffolding and temporary framing will be installed under
the foundation to jack up the structure. The foundation of the house is weak enough to
crumble under such loads during the jacking process, due to the footer being on shallow
10
Page 28 of 98 39
Maximum water soluble chloride ion
Max
Min f,
content in concrete, percent by weight
w/cm
Exposure Class
of cement"
Reinforced
Prestressed
Concrete
Concrete
CO — Concrete dry or protected
N/A
2500
1.00
0.06
from moisture
C1- Concrete exposed to
moisture but not to external
N/A
2500
0.30
0.06
sources of chlorides
C2 - Concrete exposed to
moisture and an external
0.40
5000
0.15
0.06
source of chlorides
Chloride Limits for Concrete as required
by ACI 318 Building Code for Structural Concrete
VII. CONCLUSIONS
The structure elements of the building do not comply the current code. (ACI -530; ASTM
C56 & FBC 2020).
Based on our inspection, we conclude that the walls are composed of clay masonry units
and the cells of these units are empty, without grout and therefore are unreinforced.. All
the lintel concrete beams inspected present critical linear cracks, corroding the rebar.
Grade beams contain critical damage such as spalling and severe cracking, that might
compromise integrity of the structure.
Based on our inspection, and the damage and the circumstances described above, it is
our professional opinion that the current structure has the potential risk of failure in case
of a hurricane or heavy storm scenario.
VIII. RECOMMENDATIONS
Based on the site observations, the conditions of the structural members of the building
and level III alteration required by the Florida Building Code, the structural members of
this building need to undergo extensive rehabilitation, including CMU reinforcement,
lateral systems construction, and strengthening of the foundations. Moreover, repairs to
the roof and spalled concrete have to be done. The required foundations augmentation
might compromise the total stability and integrity of the house.
In order to raise the structure, scaffolding and temporary framing will be installed under
the foundation to jack up the structure. The foundation of the house is weak enough to
crumble under such loads during the jacking process, due to the footer being on shallow
10
Page 28 of 98 39
foundation. Hence in order to raise the structure a complete foundation rehabilitation
and redesign need to occur to sustain the jacking loads.
Level III alteration would require demolition of the corners of the house to add corner
columns.
Floor ledgers (2nd floor) need to be installed to comply with current code and standards.
Pursuant to FEMA, if the cost of the renovations exceeds 50% of the value of the
structure without the land, the structure has to be elevated to meet current flood
requirements. Therefore, raising the house up to needed elevations for compliance is not
feasible, the whole structure would have to be upgraded for level III alteration required
by Florida Building Code 2020 — 907.3 Existing structural elements carrying gravity loads
and 907.4 Existing structural elements resisting lateral loads.
11
Page 29 of 98 40
APPENDIX A
PHOTOS
12
Page 30 of 98 41
13
Page 31 of 98 42
APPENDIX B
NV5- Report
14
Page 32 of 98 43
December 7, 2022
Mr. Ian DeMello
Shubin & Bass, PA
46 S.W 1St Street, Third Floor
Miami, FL 33130
Re: Report for Concrete Core Physical and Chemical Analyses
334 Atlantic Avenue
334 Atlantic Ave
Sunny Isles Beach, Florida 33160
NV5 Project No.: 18005.00
Dear Mr. DeMello:
NV5, Inc. submits this report in fulfillment of the scope of services described in our proposal 22-0975
dated October 25, 2022. This report contains the data collected and describes the procedures used.
PROJECT INFORMATION
The project site is located at 334 Atlantic Ave, Sunny Isles Beach, Florida. The site is bounded by a
single-family home to the east, by Atlantic Isle Road to the north, and by Biscayne Bay to the south and
west. The site is approximately trapezoidal in shape.
PURPOSE
The purpose of our services on this project is to perform laboratory compressive strength and chemical
analyses on the concrete core and present a report summarizing the results.
SAMPLE COLLECTION
NV5 was instructed by the client to retrieve cores from three different structural elements. A Ground
Penetrating Radar (GPR) was performed to determine the adequate locations to extract the cores. Five
(5) cores were extracted by NV5 personnel and were bagged within the time limit indicated I ASTM
C42-20 and transported to NV5 laboratory for testing. The core locations are summarized in Table 1.
The concrete cores dimensions were 2.77 -inches in diameter and varied in length from 5.92- to 6.98 -
inches. We note that the concrete cores diameter is less than that recommended in ASTM C42
Standard Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete.
14486 Commerce Way I Miami Lakes, FL 33016 1 www.NV5.com I Office 305.666.3563 1 Fax 305.666.3069
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
Page 33 of 98 44
Mr. Ian De Mello
Shubin & Bass, PA
Physical & Chemical Laboratory Testing - 334 Atlantic Avenue
Table 1- Summary of Core Locations
Core
No. I
Core
Location
1
Main House Footing
2
Main House Footing
3
Boat House Footing
2.77
Boat House Footing
954
Exterior Column
LABORATORY TESTING
Cores - Compressive Strength
December 6, 2022
Page 2
NV5 Project No. 18005.00
Concrete cores labeled as 1, 3 and 4 were tested using the following:
• Compressive Strength in general accordance with ASTM C42-20, Standard Test Method for
Obtaining and Testing Drilled Cores and Sawed Beams of Concrete.
The concrete cores were trimmed to the appropriate test correction factor of approximately 2:1 length
to diameter ratio. The core samples were capped with a high-strength capping compound (TMI CA -
0100 Capping Compound) and later subjected to compressive strength testing. The results ranged
from 4,020 to 4,860 pounds per square inch (psi). The compressive strength results are summarized
in Table 2 and presented in Appendix A.
Table 2 - Summary of Compressive Strength Test Results
Core
No.
Core
Location
Diameter
in.
Original
Length
in.
Unit Weight
Compressive
Strength si
1
Main House Footing
2.77
5.92
130.88
4,240
3
Boat House Footing
2.77
5.73
141.00
4,020
4 i
Boat House Footing
2.77
6.98
130.40
4,860
U
CONSTRUCTION Q UALITYASSU RANCE -- INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
Page 34 of 98 45
Mr. Ian DeMello
Shubin & Bass, PA
Physical & Chemical Laboratory Testing - 334 Atlantic Avenue
Cores - Acid -Soluble Chloride Ion Content and Depth of Carbonation Test
December 6, 2022
Page 3
NV5 Project No. 18005.00
Concrete cores labeled as 2 and 5 were shipped to A & S Laboratories for the following tests:
• Acid -soluble chloride ion content in general accordance with ASTM C1152-20, Standard Test
Method for Acid -Soluble Chloride in Mortar and Concrete and Concrete.
• Carbonation (ASTM C856-20, Standard Practice for Petrographic Examination of Hardened
Concrete).
Concrete core labeled as 2 and 5 were tested for acid -soluble chloride ion content at depth of 0"-1",
1"-2" and 2"-3". The percent chlorides were based on testing a 10 -gram pulverized sample of the
core. The concrete cores chloride contents of cement ranged from 375 to 1200 parts per million (ppm).
The chloride contents are presented in Appendix B.
Concrete core labeled as 2, and 5 were tested for depth of carbonation by spraying with an indicator
spray such as phenolphthalein. The depths of carbonation indicated bythe testing are summarized in
Table 3 and presented in Appendix B. Photographs of the core color reactions are shown in appendix
B.
ND - None Detected
N/A - Not Applicable
Table 3 - Summary of Laboratory Depth of Carbonation Test
Core
No.
Core
Location
Depth of
Carbonation in.
2
Main House Footing
ND
5
Exterior Column
0-0.5"
MR
CONSTRUCTION QUALITYASSURANCE -- INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
Page 35 of 98 46
Mr. Ian De Mello December 6, 2022
Shubin & Bass, PA Page 4
Physical & Chemical Laboratory Testing - 334 Atlantic Avenue NV5 Project No. 18005.00
CLOSURE
We appreciate the opportunity to provide engineering and material testing services on this project.
This report has been prepared for the exclusive use of the current project owners and other members
of the design team for the specific application to the project described in this report. This report has
been prepared in accordance with generally accepted local engineering practices; no other warranty
is expressed or implied.
If you or other members of the design team have questions about the information contained in this
report, please contact the undersigned at 305-901-2151.
Sincerely,
NV5, Inc.
Leon R. Habr
Project Engineer
Distribution: 2 Copies to Addressee via U.S. Mail
Copy to NV5 File
This document has been digitally signed
and sealed by:
Printed copies of this document are not
considered signed and sealed, and the
signature must be verified on any
electronic copies
Attachments:
Appendix A: Compressive Strength Test Data (1 pages)
Appendix B: Chemical Analysis (8 pages)
-DOtaU
Alfredo Budik, PE "'INT ORI ,�,,�`��
Senior Engineer--,,,�;L,,,\`
Florida License No. 43884
F:\DOC\NV5 Reports \18005.00334 AtlanticAvenue_Shubin & Bass_Core_Physical_Chemical—Lab_Analyses_12-7-2022.docx
CONSTRUCTION QUALITYASSURANCE -- INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
Page 36 of 98 47
_
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STATE OF
Alfredo Budik, PE "'INT ORI ,�,,�`��
Senior Engineer--,,,�;L,,,\`
Florida License No. 43884
F:\DOC\NV5 Reports \18005.00334 AtlanticAvenue_Shubin & Bass_Core_Physical_Chemical—Lab_Analyses_12-7-2022.docx
CONSTRUCTION QUALITYASSURANCE -- INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
Page 36 of 98 47
I u�
APPENDIX A
Compressive Strength Test Data
14486 Commerce Way I Miami Lakes, FL 33016 1 www.NV5.com I Office 305.666.3563 1 Fax 305.666.3069
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
Page 37 of 98 48
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APPENDIX B
Chemical Analysis
14486 Commerce Way I Miami Lakes, FL 33016 1 www.NV5.com I Office 305.666.3563 1 Fax 305.666.3069
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
Page 39 of 98 50
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL. 33556
Phone: (727)375-0388
TEST REPORT
785032
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Main House Footinq 0-1"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
NIA
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3837
Cement Weight (lbs.):
342
Chloride Content (mg/kg)
375 ppm
Percent Chloride Content:
0.0375%
Percent Chloride by Mass of Cement:
0.4207 %"
Gregory P Allen
Lab Director
"This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
Page 40 of 98 51
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785033
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Main House Footinq 1-2"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3837
Cement Weight (lbs.):
342
Chloride Content (mg/kg)
1200 ppm
Percent Chloride Content:
0.1200%
Percent Chloride by Mass of Cement: 1.3463 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
Page 41 of 98 52
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785034
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Main House Footinq 2-3"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3837
Cement Weight (lbs.):
342
Chloride Content (mg/kg)
1050 ppm
Percent Chloride Content:
0.1050%
Percent Chloride by Mass of Cement:
1.1780 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
Page 42 of 98 53
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785029
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Exterior Column 0-1"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3534
Cement Weight (lbs.):
325
Chloride Content (mg/kg)
660 ppm
Percent Chloride Content:
0.0660%
Percent Chloride by Mass of Cement:
0.7177 %*
Gregory P Alien
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
Page 43 of 98 54
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785030
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Exterior Column 1-2"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3534
Cement Weight (lbs.):
325
Chloride Content (mg/kg)
990 ppm
Percent Chloride Content:
0.0990%
Percent Chloride by Mass of Cement:
1.0765 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
Page 44 of 98 55
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785031
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Exterior Column 2-3"
Client Identification:
NIA
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3534
Cement Weight (lbs.):
325
Chloride Content (mg/kg)
380 ppm
Percent Chloride Content:
0.0380%
Percent Chloride by Mass of Cement: 0.4132 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
Page 45 of 98 56
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APPLICATION FOR A CERTIFICATION OF APPROPRIATENESS
S . As
F * FL00. s
C,rY OF SUM PSV
I. PROPERTY INFORMATION:
Site Designation Name: Water Court Villa
Property Address: 334 Atlantic Ave, Sunny Isles Beach, Florida 33160
LEGAL DESCRIPTION:
LITT Op
y \S LES 9
In—i 2
RECEIVED
8/25/2023
PLANNING & ZONING DEPT.
31-2214-003-0550: Lots 71 and 72 and Pergola Landing West of Lot 71, Atlantic Island,
Sunny Isles, according to the plat thereof recorded in Plat Book 34, on Page 17 of the
Public Records of Dade County, Florida, together with the ui ings an ix ures upon
all of said an aci i ies in common with other lotowners of Atlantic Island.
II. THIS SECTION TO BE COMPLETED BY THE OFFICE
Date of Designation:
Date of Re -designation:
(if applicable)
III. APPLICANT INFORMATION:
Name(s) of Owner: George H. Scholl and Dione Del Monico
Name of Applicant: George H. Scholl and Dione Del Monico
Address of Applicant: 334 Atlantic Ave, Sunny Isles Beach, FL 33160
Applicant telephone number: Mobile: 954-557-4325
Please indicate below if applicant is requesting a Standard or Special Certificate of
Appropriateness. (Definitions are on page 5.)
STANDARD
SPECIAL x
Page 1 of 8 Page 48 of 98
59
ALL APPLICATIONS SHALL INCLUDE ONE OR TWO 3" X 5" COLOR
PHOTOGRAPHS OF THE DESIGNATED PROPERTY AND PROJECT PLANS.
IV. CONSENT FROM TENANTS:
A. Are there any existing tenants on the property: (Please indicate "Yes" or
"No" in the space provided): No
B. If the answer above to IV.(A). is "Yes" then please indicate the full name(s)
and mailing address for the existing tenant(s):
C. If the answer above to IV.(A). is "Yes" then please also indicate whether
the existing tenant(s) have provided written, notarized consent to the
proposed project which is the subject of this Application for Certificate of
Appropriateness:
(Please indicate "Yes" or "No" in the space provided):
(If the tenant has not provided written, notarized consent to the proposed
project, then this Application will be dismissed without prejudice for the
Applicant to resubmit along with the appropriate written, notarized
consent from the tenant. However, written, notarized consent of the
tenant is not required if there is no existing lease on the property or the
lease has terminated)
V. THE PROPOSED PROJECT WILL INCLUDE: (Please check those that apply to your
project. See page S for definitions and requirements.)
o Maintenance or Repair
o Restoration
o Rehabilitation
Page 2 of 8 Page 49 of 98
60
o Excavation
X Demolition
o New Construction
o Relocation
VI. DESCRIPTION OF THE PROPOSED PROJECT: (Please describe what
changes will be made to the following items and how they will be accomplished)
A. Building Features:
Structural System:
Roofs and Roofing System:
Windows and Doors:
Materials (masonry, wood, metal):
Porches, Steps, and Stairways:
Painting and Finishes:
Additions:
Demolition: Demolition of existing single-family structure and replace with more flood resistant and code -compliant single-family structure.
B. Environmental Features:
Landscaping:
Tree Removal:
Excavations (trenching/footers, swimming pool, etc.):
Page 3 of 8 Page 50 of ss
61
Fence Construction:
WAS:
C. Overall Description of the Project (Please explain the chronology of the work
itr ,olved and describe all new construction excavation, demolition, and relocation
that milt be required. Describe how the building or property will be used upon
completion. (Use tire back, of this sheet or another sheet if needed.):
Demolition of existingslnole-family struclure and replace with more flood resistant and wde-comoliani
sangie- amily it
ciure,
J
Signature of the Applicant -
Signatures of the Uw er (if di rent from above):—JW
Date -
Page 4 of 8
Page 51 of 98 62
DEFINITIONS
Maintenance or Repair: The act or process of applying measures to sustain the existing form,
integrity, and material of a building or structure and the existing form or vegetative cover of a
site. It may include initial stabilization work, where necessary, as well as on-going maintenance
and repair. Samples of material may be requested.
Restoration: The act of accurately recovering the form and details of a property as it appears
at a particular period of time, which may involve the removal of later additions or alterations, or
the replacement of missing features. All applications for restoration shall include: elevations, site
and landscape plans (if necessary), and other supplementary information that will support the
proposed project.
Rehabilitation: The process of repairing or altering an historic building so that an efficient
contemporary use is achieved, while preserving those significant, historical, architectural or
cultural features which establish the character of the property. All applications for
rehabilitation shall include: elevations, site and landscape plans (if necessary), and other
supplementary information that will support the proposed project.
Excavation: The process of performing an archaeological dig to recover artifacts, historical
material, or other archaeological features. It is recommended that the applicant include a 300 -
word statement describing the project, its methodology, and where the recovered material will
be disposed.
Demolition: The process of destroying or tearing down a building or structure or a part thereof
or the process of removing or destroying an archeological site or a part thereof. The
Applicant(s) shall include a report explaining why the proposed action should occur. If this
action is to occur for financial hardships all pertinent financial data should be included. Any
other material to the application is also encouraged as supplementary information.
New Construction: The process of constructing a building or structure that has never existed at
that location. Applications shall include: a site plan, elevations, floor plan, and landscape plan.
Relocation: The act of preserving an historic structure which cannot remain on its existing
site by physically moving it to a new location. Applications shall include a report justifying
the relocation and indicating that efforts to preserve the building would not be feasible and
justifying the proposed relocation site.
Special Certificate of Appropriateness — Those certificates involving the demolition, removal,
reconstruction, alteration or new construction of an individual site or in a district which requires
determination by the Historic Preservation Board before such certificate can be issued.
Standard Certificate of Appropriateness — Those certificates based on such specific guidelines
and standards, as may be officially adopted by the Historic Preservation Board, and for which
issuance has been authorized by such board upon findings by the Board that proposed actions are
in accord with such official guidelines and standards.
Page 5 of 8 Page 52 of 98
63
REGULAR CERTIFICATE OF APPROPRIATENESS:
❑ On-site Inspection
❑ Analysis Preparation
❑ Owner Notification Advertisement
❑ Notification of Decision
❑ Additional Materials Requested
STAFF RECOMMENDATIONS:
Date
Date
Date
Date
Date
Approved ❑ Denied ❑ Approved, pending modifications ❑ Final Approval
Signature of Historic Preservation Board Chairperson
Page 6 of 8
Date
Page 53 of 98 64
SPECIAL CERTIFICATE OF APPROPRIATENESS:
❑ On-site Inspection
❑ Analysis Preparation
❑ Owner Notification Advertisement
❑ Notification of Decision
❑ Additional Materials Requested
STAFF RECOMMENDATION:
Date
Date
Date
Date
Date
Approved ❑ Denied ❑ Approved, pending modifications ❑ Final Approval
Signature of the Historic Preservation Board Chairperson
Page 7 of 8
Date
Page 54 of 98 65
TENANT CONSENT FORM
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE
BEFORE ME, the undersigned authority, personally appeared
who after first being duly sworn, deposes
and states as follows:
1. My name is
tenant of the property located at
in the City of Sunny Isles Beach (the "Property").
and I am the existing
2. I am the tenant to an existing lease with the owner of the Property.
3. I hereby consent to the proposed project for the Property which is the subject of a
pending application for certificate of appropriateness
4. I am over eighteen (18) years of age and the information contained herein is based
on my own personal knowledge, information and belief.
FURTHER AFFIANT SAYETH NAUGHT.
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared,
who took an oath and who produced
driver's license number as identification, or who is
personally known to me and known to be the person described in and executed the foregoing
instrument, and who acknowledged that they did the same as their free act and deed.
WITNESS my hand and official seal in the County and State last aforesaid on this
day of 1201—.
Printed Name of Notary
Notary Public Serial Number (if any)
My Commission Expires:
Signature of Notary Public
Page 8 of 8 Page 55 of 98
66
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Appendix B
1984 Miami -Dade County Historic Designation
Page 58 of 98 69
I,EMPOLTTAN DADE COUNTY HI.._JRIC PRESERVATION BOARD
DESIGNATION REPORT - INDIVIDUAL SITE
Site Name Water Court Villa & Pergola Designation No. Q40 I
Date of Filingiq S-3
Date of Designati`tq &4
Site Address 334 Atlantic Avenue, Atlantic Island
Owner and Address Charles R. and Saul S. Rubin, 334 Atlantic Avenue, Miami, FL. 33160
Site Iocation - Legal description or district boundaries (see attached map):
Atlantic Island, Plat Book 34, p. 17. Lots 71 and 72 and tract marked pergola landing
Dade County Historic Survey Findings: Other Surveys: H.A.B.S.
Natl. Reg. H.A.E.R.
Other:
Title Verification (attach copy): Book 8190 Page No. 329 Deed Type Warranty
Current Zoning (describe): RU - 1 - single family residential
Current Use (describe): Residence
Current Condition (describe): Good
Special Standards for Certificate of Appropriateness:
Impacts - Impact of the designation on proposed public improvements, renewal projects or
private development.
Staff Recommendation:
Staff recommends designation of the Water Court Villa and Pergola as an individual
historic site.
Page 59 of 98 70
The President of the Seamy —es Ocean Beach Company was Han _,, B. Graves. Graves, who
was from Rochester, New York, began spending his winters in Florida around 1916. While
vacationing here, he started investigating investment opportunities in the real estate
market. By 1922, Graves bad purchased, from the Tatun Brothers' Model Land Company, one
half mile of ocean and bayfront property east of Fulford. He also purchased from them
2,000 acres of land on the west side of the bay that would be later known as the Interama
Tract.
Graves' waterfront property east of Fulford was named Seamy Isles. Graves envisioned the
development of this area as a tropical Venice and proceeded to make the necessary
improvements, widening and deepening the waterways and beautifully landscaping the
property. Graves platted his acreage into the following subdivisions: Ocean View, Bella
Vista, Fairyland Island, Atlantic Island, Venetian View Island, Royal Palm and Bay View.
Water Court Villa lies in the Atlantic Island subdivision. This Mediterranean style
residence is representative of the types of homes pictured by Graves for his luxury
development. It seems, however, that the financial bust of the late 1920s. prevented the
completion of Graves' plan and only a few of these homes were built.
Within a few months, James Leonard Lee turned over the Seamy Isles sale contract to the
North Mini Beach Corporation. Kurtis R. Froedtert, President of the corporation,
immediately published a brochure promoting the area, now advertised as "the aristocrat of
developments in the American Riviera." In this pamphlet, Froedtert vows to complete
Graves' vision. Froedtert states: "Sunny Isles will move forward to the complete
realization of its destiny as the true city beautiful and a true city for comfortable
living."1 The brodiure contains photographs of Seamy Isles as it appeared at the time
of purchase by the North Miami Beach Corporation. It shows several of the "unusual" and
"beautiful" homes on the islands and mentions the availability of homesites where similar
homes could be constructed.
Many of the lesser oases of palm and soil are
sufficiently large to be home sites, offering
the fullest privacy in the very heart of things.
Larger islands present scores of homesites yet
through all, from the smallest to the largest
run the triple boons of carefully planned and
gorgeously realized landscaping of broad,
navigable and soothingly flowing waterways
which make every homesite front on the water and,
finally, of complete accessibility to the con-
veniences of utilities and municipal protection.
This modern Venice has been in the workshop of
artists and trained city planners for two decades
and, with all of the world as their laboratory,
they have created a practical paradise.2
Graves' Atlantic Island subdivision had been embellished with concrete bridges faced in
ooltic limestone and with a graceful gazebo and pergola. All of these structures were
touted by the North Miami Beach Corporation as additional amenities of the development.
The gazebo no longer stands, and the pergola is now part of the 334 Atlantic Avenue
property.
Today, Stmny Isles is described as an area having "an inflated condominium craze... motels,
highrises... "3 Atlantic Island remains the sole single family residential area of Seamy
Isles. Water Court Villa is historically significant as the remaining example of the type
of homes once envisioned for Sunny Isles. The residence is architecturally significant
for its fine Mediterranean architecural style. Its association with the pergola further
enhances the property's composition.
1 Kurtis R. Froedtert. "Captivating Sunny Isles, The Venice of America," promotional
brochure, ca. 1936.
2 Ibid
3 Pat Morrissey (editor). Miami Neighborhoods, Miami., FL.: The Miami News, 1982.
Page 60 of 98 71
Physical Description of Sit, kattach 1 or 2 photos):
Water Court Villa
The Water Court Villa is an excellent example of the Mediterranean Revival style in Dade
County for its setting, the environmental responses of its design and its attention to
details. The house is built at the western tip of Atlantic Island, on the water's edge,
much the same way that buildings in Venice come right up to the canals. Water is within
view of the house on three sides; taking the place of a backyard and most of the courtyard
on the south side, viewed through the trellised pergola on the west, and discerned through
the space between other houses to the north. The house responds beautifully to its
surroundings, making maidroan use of the prevailing breezes of its rear ocean side
location. Window groups, set in cross ventilation patterns, balconies, roof overhangs, a
central courtyard facing directly out over the canal, and the building's multiple massing,
are all part of the environmental techniques employed.
The house consists of two rectangular wings, symmetrically arranged about a central
courtyard, connected only by a light, open, two story breezeway. The overall plan is
H-shaped, as the connecting breezeway is recessed from the plane of the front elevation.
The house is two stories, with low hip roofs connected by a low gable over the two story
gallery. The structure is masonry, faced in stucco, and roofs are covered in barrel or
Mission clay tiles. The central, two story gallery has seven arches resting on Tuscan
inspired columns on the ground floor. The second story has the same number of openings
screened -in, and supported by short wooden posts resting an a low masonry wall, with
decorative brackets and a flat lintel above. The front of the left (east) wing has two
double garage doors on the first floor, with low elliptical arch configurations and large,
iron strap hinges. Centered over these doors, on the second floor, are three arched
windows grouped together, with a decorative wrought iron balconette in front. The right
wing has three windows with flat arches grouped together on the ground floor, and three
arched windows fronted by a baconette, identical to the corresponding fenestration on the
left wing. Windows are wood double casement type, with six lights each. Small coats of
arms flank second story fenestration on both wings, while two small iron lanterns flank
the double garage doors. The main doorway is located an the right wing, where the arcaded
gallery connects with the building mass. The door is of wood panels, with a screened door
in front.
Beyond the gallery, the central courtyard is shallow, with more than two thirds of its
depth taken up by the water that comes up to an oolitic limestone retaining wall. The
second story gallery is continued on. the two building masses flanking the central space in
the form of wide, projecting balconies. The balconies are of wood, with the same pattern
of screened -in openings as the center gallery. The supporting wooden posts rest on large
wood brackets, with wood pendants at the connection of the bracket with supporting post.
The house is set back on the property with a large manicured front lawn, embellished by a
row of tall royal palms. To the left of the house is the pergola, the highlight of the
entire complex.
The Pergola
The Pergola is an open pavilion based on a central block with symmetrical wings plan. The
central portion has a square plan defined by four square masonry piers carrying a barrel
tiled hip roof. The roof has three different pitches giving it a flared effect
reminiscent of Oriental architecture. The infill plane between piers is defined by
trellis work in a Palladian or triumphal arch motif. A central arch rests on slender
columns, and the space over the arch and flanking it is all wood trellis. The two wings
are defined by three Tuscan inspired columns on each elevation, carrying wood rafters with
decorative ends. There is no infill between columns or rafters. The pergola sits on a
concrete deck built right on the water, connected to the land on only one side. The deck
is in poor condition, and has almost broken loose from the land altogether. The structure
appears light, airy and transparent, without walls or a roof, except over the central
portion. It is a perfect garden sculpture for its setting and climax for the entire
island.
Significance - Brief summary including documentary evidence that indicates the historical,
architectural or archeological significance of the site.
The house at 334 Atlantic Avenue was reportedly built in 1927. Its original occupant has
not been ascertained. Available records indicate that the hour was originally owned by
the Sunny Isles Ocean Beach Company, and no individual homeowner appears for the property
until 1963. It is known that in 1936 the home was sold by the Sunny Isles Ocean Beach
Company to James L. Lee, a real estate broker. The home was sold as part of a large real
estate transaction involving many acres of oceanfront property in the area of Sunny Isles.
The total purchase price of the real estate deal was one million dollars. In the sale
contract this residence is specifically referred to as the "Water Court Villa" and
together with its furniture and fixtures represented $25,000 of the total sale price.
Page 61 of 98 72
Bibliographic References:
Dade County, FL. Recorder's Office, Deed Abstract Book 1749, p. 287; Book 1749, p. 338;
and Book 8190, p. 329.
Dade County, FL. Recorder's Office, Plat Book 34, p. 17 and Volume 7, p. 51.
Froedtert, Kurtis R. "Captivating Surrey Isles, The Venice of America," promotional
brochure, ca. 1936.
Morrissey, Pat (editor). Miami's Neighborhoods, Miami, FL.: The Miami News, 1982.
Peters, Thelma.. Biscayne Country 1870-1926, Miami, FL.: Banyan Books, Inc., 1981.
Draft Resolution Designating the Property:
Whereas, the Water Court Villa and Pergola, built ca. 1927, is a fine example of the
homes envisioned by Harvey B. Graves (1920s) and Kurtis R. Froedtert (1930s), developers
of Atlantic Island, and
Whereas, the Water Court Villa and Pergola is architecturally significant for its
Mediterranean style, and
Whereas, the preservation of historic buildings is in the best interest of Dade
County and its citizens, and
Whereas, the Water Court Villa and Pergola is located on Atlantic Island, Plat Book
34, p. 17. Lots 71 and 72 and tract marked pergola landing.
Now, therefore, be it resolved that the Historic Preservation Board an Thursday,
January 19, 1984, has designated the Water Court Villa and Pergola as an individual
historic site pursuant to the Metropolitan Dade County Historic Preservation Ordinance
(81-13) and that the Water Court Villa and Pergola is subject to all rights, privileges
and requirements of that ordinance.
Designation is approved as evidenced by the signature of the
Historic Preservation Board Chairman.
Page 63 of 98 74
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1984 JAN S�P{{ {1 51 8 4 8 0 2 9 ;`)9
RESOLUTION No. 8401 orr
K., 2039 PG2365
Water Court Villa & Pergola
334 Atlantic Avenue, Atlantic Island
Metro -Dade Historic Preservation Board
Whereas, the Water Court Villa and Pergola, built ca.. 1927, is a fine example of the
homes envisioned by Harvey B. Graves (1920s) and Kurtis R. Froedtert (1930s), developers
of Atlantic Island, and
Whereas, the Water Court Villa and Pergola is architecturally significant for its
Mediterranean style, and
Whereas, the preservation of historic buildings is in the best interest of Dade
County and its citizens, and
Whereas, the Water Court Villa and Pergola is located on Atlantic Island, Plat Book
34, p. 17. Lots 71 and 72 and tract marked pergola landing.
Now, therefore, be it resolved that the Historic Preservation Board on Thursday,
January 19, 1984, has designated the Water Court Villa and Pergola as an individual
historic site pursuant to the Metropolitan Dade County Historic Preservation Ordinance
(81-13) and that the Water Court Villa and Pergola is subject to all rights, privileges
and requirements of that ordinance.
Ted Bfficeft
Chairman, Historic Preservation Board
Prepared by:
•Roc ig�uez
Staff Director
Historic Preservation Board
Board Members Vote
Ted Baker A3`
Dov Dtmaevesky
Dorothy Fields aye
Faith Harkey ave e
Marilyn Hoder-Salmon axe
Donald Slesnick aye
Laurinda Spear aye
William F. Wescott axe
,ca:
NOTARY PUBLIC tTATE
MY COMMISSION EXP
IBES t>Ec�#,t 94 Q�;:�•: .
BQNDJD 7HRU GF,NEK IN5U69NlY�NAmI•�....:!x
deo `'�gp4� �Ncl� •�
Page 70 of 98 1�81
1"
Appendix C
2005 City of Sunny Isles Beach Designation
Page 71 of 98 82
RESOLUTION NO. 2005- '�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, RE -
DESIGNATING THE FOLLOWING LOCATIONS AS
INDIVIDUAL HISTORIC SITES: (1) THE ATLANTIC ISLES
ENTRANCE BRIDGE AND THE ATLANTIC ISLES LAKE
BRIDGE; (2) THE WATER COURT VILLA AND PERGOLA,
LOCATED AT 334 ATLANTIC AVENUE; AND (3) THE
SUNNY ISLES BEACH PIER LOCATED AT 16701 COLLINS
AVENUE; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO EFFECTUATE THE TERMS
OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 171-3, Code of the City of Sunny Isles Beach, Florida,
the Historic Preservation Board has been empowered to recommend to the City Commission
properties for designation as historic sites and landmarks; and
WHEREAS, pursuant to Section 1714, the City of Sunny Isles Beach Historic
Preservation Board conducted a public meeting on June 6, 2005 to determine whether the
Atlantic Isles Entrance Bridge and the Atlantic Isles Lake Bridge, the Water Court Villa and
Pergola, and the Sunny Isles Beach Pier, meet the criteria as outlined in Ordinance No. 2004-
197, which have been designated as historic sites by Miami -Dade County; and
WHEREAS, the Historic Preservation Board adopted HPB Resolution No.s 2005-01,
2005-02, and 2005-03, attached hereto as Exhibit "A" respectively, recommending to the City
Commission to re -designate the following locations as individual historic sites: 1) the Atlantic
Isles Entrance Bridge and the Atlantic Isles Lake Bridge; 2) the Water Court Villa and Pergola,
located at 334 Atlantic Avenue; and 3) the Sunny Isles Beach Pier located at 16701 Collins
Avenue; and
NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Re -Designating Individual Historic Sites. The City Commission of the City of
Sunny Isles Beach hereby approves the re -designation of the following individual historic sites:
1) the Atlantic Isles Entrance Bridge and the Atlantic Isles Lake Bridge; 2) the Water Court Villa
and Pergola, located at 334 Atlantic Avenue; and 3) the Sunny Isles Beach Pier located at 16701
Collins Avenue.
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this resolution.
Section 3. Effective Date. This Resolution shall become effective upon passage.
PASSED AND ADOPTED this 14th day of July, 2005.
Page 72 of 98 $3
R2005- Re -Designate Historic Sites Page I of 2
rman S. Edelcup, Mayor
"Jane A. Hines, City Clerk
APPROVED AS TO FORM
Moved by: <fe�mm% 5S 1 D A EtZ —1Cal..£S)I4S
Seconded by:
Vote: .5 -0
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
✓(Yes)
(No)
Yes)
(No)
(Yes)
(No)
Yes)
(No)
(Yes)
(No)
R2005- Re -Designate Historic Sites Page 2 of 2 Page 73 of 98 84
14PS RESOLUTION 2005-M_
A RESOLUTION OF THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RECOMMENDING TO THE CITY COMMISSION
THE RE -DESIGNATION OF THE ATLANTIC ISLES
ENTRANCE BRIDGE AND THE ATLANTIC ISLES LAKE
BRIDGE AS INDIVIDUAL HISTORIC SITES; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171-3, Code of the City of Sunny Isles Beach, Florida,
the Historic Preservation Board has been empowered to recommend to the City Commission
properties for designation as historic sites and landmarks; and
WHEREAS, the Atlantic Isles Entrance Bridge and the Atlantic Isles Lake Bridge,
legally described in Exhibit A, were built in the mid -1920's and are the remaining tangible
examples of the beautifying features of the early development of Atlantic Isles; and
WHEREAS, the Atlantic Isles Entrance Bridge and the Atlantic Isles Lake Bridge are
architecturally significant for their design and use of native limestone, has significance in the
archeological herity-ge of this area and exemplifies the historical and cultural trends of the
community that existed at that time; and
WHEREAS, on January 19, 1984, the Atlantic Isles Entrance Bridge and the Atlantic
Isles Lake Bridge have been designated as historic sites by Miami -Dade County; and
WHEREAS, pursuant to Section 171-4, the City of Sunny Isles Beach Historic
Preservation Board has conducted a public meeting to determine whether the Atlantic Isles
Entrance Bridge and the Atlantic Isles Lake Bridge meet the criteria outlined in the ordinance
and would like to recommend to the City Commission that these bridges be re -designated as
historic sites; and
NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Recommendation of the Historic Preservation Board. The Historic Preservation
Board recommends that the City Commission re -designates the Atlantic Isles Entrance Bridge
and the Atlantic Isles Lake Bridge as individual historic sites.
Section 2. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 4;4�'day of �j,Vv�R. , 2005.
7?Mg�j�
Dione E. Del Monico, Chairperson
_ Page 74 of 98 $5
Exhibit "A"
ATTE T:
' Jan6'A. Hine' s;'City,Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Erica N. Wright, Acting ity Attorney
Moved by:
VOTE AS FOLLOWS:
Dione E. Del Monico
✓f yes
no
Joe Masters
C t -j yes
no
Trina Duluc
(+/ yes�)
no
Michelle D'Arbelles �jSeA=).-yes
() no
Bonita Shoki
(—,Z yes
(_) no
Phillip Chernoff
( L/ es
(__) no
Hassida Gabor(/
yes
no
Page 75 of 98 $6
2 Designating the Atlantic Isles Entrance Bridge and the Atlantic Isles Lake Bridge as Historic Sites
WMPOLITAN DADE COUNIY(-KIC PRESERVATION BOARD' • FILE
DESIGNATION REPORT - ImIVIDUAL SITE
Site Nae Atlantic Island Bridges Designation No. g4ua-
Date of Filing > �q e3
Site Address Atlantic Avenue, Atlantic Island Date of Designat
Owner and Address Dade County
Site Location - Legal description or district boundaries (see attached map):
Atlantic Avenue, Atlantic Island, Plat Book 34, p. 17.
Dade County Historic Survey Findings: Other Surveys: H.A.B.S.
Natl. Reg. H.A.E.R.
Other:
Title Verification (attach copy): Book Page No. Deed Type
Current Zoning (describe):
Current Use (describe):
Current Condition (describe): Good
Special Standards for Certificate of Appropriateness;
Impacts - Impact of the designation on proposed public improvements, renewal projects or
private development.
Staff Recoam:endation:
Staff recatmends the designation of the three bridges on Atlantic Island, as individual
historic sites.
L*1
40P
Page 76 of 98 87
Physical Description of Si (attach 1 or 2 photos): FILE
'there are three bridges an Atlantic Island, all of them part of the original public
improvements of the development. The bridges are all similar in appearance and
construction. They are of single lowarched span, humpback type, with a low rise. They
are built of reinforced concrete, faced in oolitic limestone on the outside, with stuccoed
low walls on the inside. The two entrance bridges leading into Atlantic Island have four
square corner piers, topped by stucco caps which carry short towers. These towers are
pierced by small arches, one on each side, and topped by hip roofs. The third bridge,
built on a lagoon in the middle of the island bad the four coiner towers removed. A
gazebo originally located on the park surrounding the lagoon, similar in design to the
pergola at the end of the island, has since been demolished.
Significance - Brief summary including documentary evidence that indicates the historical,
architectural or archeological significance of the site.
The bridges of Atlantic Island were constructed in the mid -1920s for this subdivision
M
developed by the Sunny Isles Ocean Beach Company. The bridges, which are three in
number, are made of concrete faced with oolitic limestone. They are one of several of the
beautifying features of this development.
Harvey B. Graves was president -of the Sunny Isles Ocean Beach Company. Graves, who was
from Rochester, New York, began spending his winters in Florida around 1916. While
vacationing here, he started investigating investment opportunities in the real estate
market. By 1922, Graves bad purchased, from the Tatum Brother's Model land Company, one
half mile of ocean and bayfront property east of Fulford. He also purchased from them
2,000 acres of land on the west side of the bay that would be later known as the Interama
Tract.
Graves' waterfront property east of Fulford was named Sunny Isles. Graves envisioned the
development of this area as a tropical Venice and proceeded to make the necessary
improvements, widening and deepening the waterways and beautifully landscaping the
property. Graves platted his acreage into the following subdivisions: Ocean View, Bella
Vista, Fairyland Island, Atlantic Island, Venetian View Island, Royal Palm and Bay View.
In these subdivisions, Graves imagined the construction of luxury homes, on Atlantic
Island he erected a gazebo and a pergola as additional amenities of the development.
Atlantic Island's single street which circled the subdivision was lined with palms. The
entrance to Atlantic Island was graced by two consecutive arched bridges. Another bridge,
constructed in the same style, crossed over a waterway, the Lake of the Isles, located
towards the middle of the island.
The financial bust of the late 1920s prevented Graves' plan from coming into full
fruition. In 1936, the Sunny Isles Ocean Beach Company sold its oceanfront property to
James Leonard Lee, a real estate broker. The total purchase price of this large real
estate transaction was one million dollars. Within a few months, James Leonard Lee turned
over the Sunny Isles sale contract to the North Mi.and Beach Corporation, Nurtis R.
Froedtert, President of the corporation, immediately published a brochure promoting the
area, now advertised as "the aristocrat of developments in the American Riviera." In this
pamphlet, Froedtert vows to complete Graves' vision. Froedtert states: "Sunny Isles will
move forward to the complete realization of its destiny as the true city beautiful and a
true city for comfortable living."1 The brochure contains photographs of Sunny Isles as
it appeared at the time of purchase by the North Miami Beach Corporation.
Froedtert's brochure takes full advantage of the embellishments created by Graves in order
to carry out the promotion of the development by the North Mismi Beach Corporation. In
beautiful vistas the brochure shows some of the luxury homes on Atlantic Island as well as
the gazebo and the oolitic limestone bridges.
Atlantic Island's bridges are historically sipnificant as the remaining examples of the
beautifying features of Graves' and Froedtert s developmental scheme. The bridges are
architecturally significant for their design and use of native oolitic limestone.
� 1
lKurtis R. Froedtert. "Captivating Sunny Isles, The Venice of America," promotional
brochure, ca. 1936.
Page 77 of 98 88
Bibliographic References:
FILE
Dade County, FL. Recorder's Office, Deed Abstract Book 1749, p. 287; Book 1749, p. 338;
and Book 8190, p. 329,
Dade County, FL. Recorder's Office, Plat Book 34, p. 17 and Volume 7, P. 51.
Froedtert, Kurtis R. "Captivating Sunny Isles, The Venice of America," promotional
brochure, ca. 1936.
Peters, Thelma. Biscayne Country 1870-1926, Miami, FL.: Banyan Books, Inc., 1981.
Draft Resolution Designating the Property:
Whereas, Atlantic Island's bridges, built in the mid -1920s, are the remaining
antangible examples of the beautifying features of the early development of Atlantic Island,
Whereas, Atlantic Island's bridges are architecturally significant for thier design
and use of native oolitic limestone, and
Whereas, the preservation of historic buildings and structures is in the best
interest of Dade County and its citizens, and
Whereas, the Atlantic Island's bridges are located on Atlantic Avenue, Atlantic
Island, Plat Book 34, p. 17.
Now, therefore, be it resolved that the Historic Preservation Board on Thursday,
January 19, 1984, has designated Atlantic Island's bridges as individual historic sites
Pursuant to the Metropolitan Dade County Historic Preservation Ordinance (81-13) and that
Atlantic Island's bridges are subject to all rights, privileges and requirements of that
ordinance.
Designation is approved as evidenced by the signature of the
Historic Preservation Board Chairman.
Page 78 of 98 89
Atlantic Island Bridges
Page 79 of 98 90
�' yip
T-rI:�
1
.e•,mi, ,a ttr.� � .ti,.. �G. '��ryj��istidi` 4?S"�;.-'°°!-s,, •.
....-_.__ ` 3T4 r -l-'O �.
1 �
1 i
i
� �
J
.1
Page 82 of 98 93
44fe RESOLUTION 2005-Q-&
A RESOLUTION OF THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RECOMMENDING TO THE CITY COMMISSION
THE RE -DESIGNATION OF THE WATER COURT VILLA
AND PERGOLA, LOCATED AT 334 ATLANTIC AVENUE,
SUNNY ISLES BEACH, FLORIDA, AS AN INDIVIDUAL
HISTORIC SITE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171-3, Code of the City of Sunny Isles Beach, Florida,
the Historic Preservation Board has been empowered to recommend to the City Commission
properties for designation as historic sites and landmarks; and
WHEREAS, the Water Court Villa and Pergola located on Atlantic Island, at 334
Atlantic Avenue, Sunny Isles Beach, Florida , legally described in Plat Book 34, P 17, Lots 71,
72 and Tract marked Pergola Landings was built in 1927, and is a fine example of the homes
envisioned by Harvey B. Graves (1920's) and Kurtis R. Froedtert (1930's), developers of
Atlantic Island; and
WHEREAS, The Water Court and Pergola is architecturally significant for its
Mediterranean style, and
WHEREAS, the Miami- Dade County Historic Preservation Board designated this site
on January 19, 1984; and
WHEREAS, pursuant to Section 171-4, the City of Sunny Isles Beach Historic
Preservation Board has conducted a public meeting to determine whether the Sunny Isles Beach
Pier meets the criteria outlined in the ordinance and would like to recommend to the City
Commission that the site be re -designated as an historic site; and
NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of the Historic Preservation Board. The Historic Preservation Board
recommends that the City Commission re -designates the Water Court Villa and Pergola as an
individual historic site pursuant to Ordinance No. 2004-197.
Section 2. Effective Date. This Resolution shall become effective upon adoption
PASSED and ADOPTED this (;4day of l�y��, 2005.
Dione E. Del Monico, Chairperson
Sunny Isles Beach Historic Preservation Board
Page 83 of 98 94
Designating the Water Court and Pergola as Historic Site
ATTEST:
Jane ;A. Dines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
%1
Erica N. Wright, Actt g City Attorney
Moved by: ► Gehl=
Second by:.
VOTE AS FOLLOWS:
eXoht't,P,\ MowiciD
Joe Masters yes
Trina Duluc (1/ yes
Michelle D'.Arbelles616%*:D yes
Bonita Shoki (_Le� yes
Phillip Chernoff (jam es
Hassida Gabor es
Designating the Water Court and Pergola as Historic Site 2
C )Y10
no
(� no
�) no
�) no
�} no
(_) no
Page 84 of 98 95
F p• FLOR:
C'rY OF SUN
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305)947-5107 Fax
DESIGNATION REPORT
TO: Members of the Historic Preservation Board
FROM: Richard Schulman, Board Liaison
DATE: June 6, 2005 41
RE: Re -Designation of the Water Court Villa and Pergola
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Christopher J. Russo, City Manager
Erica Wright, Acting City Attorney
Jane A. Hines, City Clerk
Pursuant to Section 171-3 of the Code of the City of Sunny Isles Beach, the City's Historic
Preservation Board is authorized to recommend to the City Commission properties for
designation as historic landmarks and historic landmark districts. On today's agenda for your
consideration is the re -designation of the Water Court Villa and Pergola as an historic site for the
City of Sunny Isles Beach, Florida.
Statement of Significance
On January 19, 1984, the Miami -Dace County Historic Preservation Board designated the Water
Court Villa and Pergola as an historic site for Miami -Dade County. The Water Court and
Pergola was built in 1927 and is a fine example of the homes envisioned by Harvey B. Graves
(1920s) and Kurtis R. Froedtert (1930s), developers of Atlantic Island. The Water Court and
Pergola is architecturally significant for its Mediterranean style.
Boundaries/Ugal Description
The Water Court Villa and Pergola lies in the Atlantic Island subdivision at 334 Atlantic Avenue
and is recorded in the Miami -Dade County Public Records, Plat Book 34, Page 17, Lots 71 and
72 and tract marked Pergola landing.
Additional Information
Attached please find the designation report from the Miami -Dade County Historic Preservation
Board.
Recommendation
It is recommended that the Board consider re -designating the Water Court Villa and Pergola as
an historic site for the City of Sunny Isles Beach, Florida.
Page 85 of 98 96
48 RESOLUTION 2005-a_
A RESOLUTION OF THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, RECOMMENDING TO THE CITY
COMMISSION THE RE -DESIGNATION OF THE SUNNY
ISLES BEACH PIER, LOCATED AT 16701 COLLINS
AVENUE, AS AN INDIVIDUAL HISTORIC SITE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171-3, Code of the City of Sunny Isles Beach, Florida,
the Historic Preservation Board has been empowered to recommend to the City Commission
properties for designation as historic sites and landmarks; and
WHEREAS, the Sunny Isles Beach Pier located at 16701 Collins Avenue is one of the
oldest remaining structures of its kind in Miami -Dade County and has been a focal point of the
Sunny Isles Beach community since its construction in 1936; and
WHEREAS, on January 21, 1982, the Miami -Dade County Historic Preservation Board
designated the Sunny Isles Beach Pier as an historic site; and
WHEREAS, pursuant to Section 171-4, the City of Sunny Isles Beach Historic
Preservation Board has conducted a public meeting to determine whether the Sunny Isles Beach
Pier meets the criteria outlined in the ordinance and would like to recommend to the City
Commission that the pier be re -designated as an historic site; and
NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION
BOARD OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Authorization of the Historic Preservation Board. The Historic Preservation Board
recommends that the City Commission re -designates the Sunny Isles Beach Pier as an individual
historic site pursuant to Ordinance No. 2004-197.
Section 2. Effective Date. This Resolution shall become effective upon adoption.
PASSED and ADOPTED this 04day of , 2005.
Dione E. Del Monico, Chairperson
Sunny Isles Beach Historic Preservation Board
ATTEST.:
Jane A. Hines, City Cleric' Page 86 of 98
r. ': � 97
Designating Sunny Isles Beach Pier as Historic Site
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
-4 "ww-�
Erica N. Wright, Acting City Attorney
Moved by: i „�y1�@1ir►r1 n�
Second by:t�.y Seo
VOTE AS FOLLOWS: 6-6— I
'-�b*t bt� Mch1c�
C1.�u
Joe Masters
yes
Trina Duluc
Lf!) yes
Michelle D'Arbelleswvj yes
Bonita Shoki
yes
Phillip Chernoff
LIQ yes
Hassida Gabor
�vj yes
Designating Sunny Isles Beach Pier as Historic Site
2
C >"o
(__) no
(� no
(_) no
�) no
no
(� no
Page 87 of 98 98
Sf Ds�L90
FL c
carr of ,uN �,+
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947-0606 City 1-1011
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fox
DESIGNATION REPORT
TO: Members of the Historic Preservation Board
FROM: Richard Schulman, Board Liaison
DATE: June 6, 2005
City COmnIWiOP7
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Christopher J. Russo, City Manager
Erica Wright, Acting City Attorney
Jane A. Hines, City Clerk
RE: Re -Designation of the Atlantic Isles Bridge and the Atlantic Isles Lake Bridge
Pursuant to Section 171-3 of the Code of the City of Surety Isles Beach, the City's Historic
Preservation Board is authorized to recommend to the City Commission properties for designation
as historic landmarks and historic landmark districts. On today's agenda for your consideration is
the re -designation of the Atlantic Isles Bridge and the Atlantic Isles Lake Bridge as historic sites for
the City of Sunny Isles Beanh, Florida.
Statement of Significance
On January 24, 1984, the Miami -Dace County Historic Preservation Board designated the Atlantic
Isles Bridge and the Atlantic Isles Lake Bridge as historic sites for Miami�Dade County. The
Atlantic Isles Bridge and the Atlantic Isles Lake Bridge are architecturally significant for their
design and use of native oolitic limestone. They were built in the mid -1920's and are the remaining
tangible examples of the beautifying features of the early development of Atlantic Isles.
Boundaries/Legal Description
The Atlantic Isles Bridge and the Atlantic Isles Lake Bridge are located on Atlantic Avenue,
Atlantic Island, and is recorded in the Miami -Dade County Public Records, Plat Book 34, Page 17.
Additional Information
Attached please find the designation report from the Miami -Dade County Historic Preservation
Board.
Recommendation
It is recommended that the Board consider re -designating the Atlantic Isles Bridge and the Atlantic
Isles Lake Bridge as historic sites for the City of Sunny Isles Beach, Florida.
Page 88 of 98 99
Appendix D
Florida Master Site File Form
Page 89 of 98 100
r.
r
Page 1 HISTORICAL STRUCTURE FORM Site 8 b I1 5 0 G 1
x original FLORIDA MASTER SITE FILE
— update Recorder #
SITE NAME Water Court Villa and Pergola
HISTORIC CONTEXTS Boom ides
NAT. REGISTER CATEGO 51111ding
OTHER NAMES OR MSF NOS None
COUNTY Dade OWNERSHIP TYPE Private -in ivi uaI
PROJECT NAME _ Dane County Historic Survey DHR NO 2/z7
LOCATION (Attach copy of USGS snap, sketch -map of immediate area)
ADDRESS tic Avenue CITY Miami
VICINITY OF / ROUTE TO On the south side of Atlantic Avenue, on the
Atlantic Waterway
SUBDIVISION Atlantic Island BLOCK NO LOT NO
PLAT OR OTHER MAP
TOWNSHIP 52S RANGE 42B SECTION 14 1/4 1/4-1/4
IRREGULAR SEC? x y _ n LAND GRANT
USGS 7.5' MAP _North Miami Quadrangle 1969 R 1972
UTM: ZONE EASTING NORTHING
COORDINATES: LATITUDE D M S LONGITUDE D M S
HISTORY
ARCHITECT: F M L Unknown
BUILDER: F M L Unknftji
CONST DATE 1927 CIRCA C RESTORATION DATE(S):
MODIFICATION DATE(S):
MOVE: DATE ORIG LOCATION
ORIGINAL USE (S) Residence -private
PRESENT USES (S) Resi ence-private
DESCRIPTION
STYLE Mediterranean Revival
PLAN: EXTERIOR H-shaped
INTERIOR
NO.: STORIES 2 OUTBLDGS I PORCHES DORMERS
STRUCTURAL SYSTEM (S) Mediterranean Revival
EXTERIOR FABRIC(S) Stucco,plain
FOUNDATION: TYPE ContlnuuU5 MATLS Concrete block
INFILL
PORCHES
ROOF: TYPE -Hi-nGable SURFACING Mission tile
SECONDARY STRUCS. Hin
CHIMNEY: NO_ MTLS LOCNS
WINDOWS Casement #2 wood
EXTERIOR ORNAMENT brackets -,-wrought iron balconette, coat of arms,iron lantin
CONDITION Good SURROUNDINGS Residential
NARRATIVE (general, interior, landscape, context; 3 lines only)
The highlight of the complex is the pergola, an open pavilion based on a central block
with symmetrical winjzs plan.
ARCHAEOLOGICAL REMAINS AT THE SITE ORIGINAL PHOTO(S) UK A
FMSF ARCHAEOLOGICAL FORM COMPLETED? _ y x n (IF Y, ATTACH)
ARTIFACTS OR OTHER REMAINS
Page 90 of 98 101
SUMMARY ON SIGNIFICANCE (Limit to three lines provided; see page 3
Water Court Villa, located on Atlantic Island, is an excellaent example of Mediterranean
Revival architecture in Dae County uring.t a s. is residence is representa ive
of the types of homes that were envisione y t e eve oper ot AtlanEic s an con't.
* * *DHR USE ONLY* * * * * * * * * * * * * * * * DHR USE ONLY
*
* DATE LISTED ON -WR
* KEEPER DETERMINATION OF ELIG.(DATE): -YES -NO
* SHPO EVALUATION OF ELIGIBILITY(DATE): -YES -NO
* LOCAL DETERMINATION OF ELIG.(DATE): -YES -NO
* OFFICE
*
*
* * *DHR USE ONLY* * * * * * * * * * * * * * * * * DHR USE ONLY
RECORDER INFORMATION: NAME F Teresa M B. L Lenox
DATE: MO 8YR 89 AFFILIATION a e ty HtsTortc S rVey
PHOTOGRAPHS (Attach a labeled print bigger than contact size)
a LOCATION OF NEGATIVES Dade County Division of Historic Preservation
NEGATIVE NUMBERS
. I
P H O T O G R A P H I M A P
.. I
I
r
Attach a B/W photographic print here
if available. Please label the print -
itself with at least: the FMSF site
number (survey number or site name if
not available), direction and date of
photograph. Prints larger than contac --
size are preferable.
r
Page 91 of 98 102
y
Page 2 FMSF HISTORICAL
STRUCTURE FORM
Site
8
RECORDER'S EVALUATION OF SITE
AREAS OF SIGNIFICANCE
Architecture
ELIGIBLE FOR NAT. REGISTER?
n xlikely, need
info
insf inf
_y
SIGNIF. AS PART OF DISTRICT?_y
xn likely, need
info
insf inf
SIGNIFICANT AT LOCAL LEVEL? xy
_n ^likely, need
info
—insf inf
SUMMARY ON SIGNIFICANCE (Limit to three lines provided; see page 3
Water Court Villa, located on Atlantic Island, is an excellaent example of Mediterranean
Revival architecture in Dae County uring.t a s. is residence is representa ive
of the types of homes that were envisione y t e eve oper ot AtlanEic s an con't.
* * *DHR USE ONLY* * * * * * * * * * * * * * * * DHR USE ONLY
*
* DATE LISTED ON -WR
* KEEPER DETERMINATION OF ELIG.(DATE): -YES -NO
* SHPO EVALUATION OF ELIGIBILITY(DATE): -YES -NO
* LOCAL DETERMINATION OF ELIG.(DATE): -YES -NO
* OFFICE
*
*
* * *DHR USE ONLY* * * * * * * * * * * * * * * * * DHR USE ONLY
RECORDER INFORMATION: NAME F Teresa M B. L Lenox
DATE: MO 8YR 89 AFFILIATION a e ty HtsTortc S rVey
PHOTOGRAPHS (Attach a labeled print bigger than contact size)
a LOCATION OF NEGATIVES Dade County Division of Historic Preservation
NEGATIVE NUMBERS
. I
P H O T O G R A P H I M A P
.. I
I
r
Attach a B/W photographic print here
if available. Please label the print -
itself with at least: the FMSF site
number (survey number or site name if
not available), direction and date of
photograph. Prints larger than contac --
size are preferable.
r
Page 91 of 98 102
586 687M -L 80'07'30" 1 : *
USC&GS T-8430 IWIAIWI BEACH (P.O.! 7.A41.
ROAD CLASSIFICATION
I
Heavy-duty Light-duty
Medium -duty Unimproved dirt ......... Page 92 of 98
Wbf. P—t. H S pm,0A State Route
103
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N
Appendix E
Information on Historic Resources and Sea Level Rise
Historic Resources, Sea Level Rise and Climate Change
Historic resources in South Florida are vulnerable to sea level rise, flooding, and impacts of
climate change such as increased hurricanes. There is an increasing recognition that historic
structures need to adapt in order to be protected long-term. At the federal level, the National
Park Service has issued guidelines on flood adaptation for rehabilitating historic buildings. Last
month, the Advisory Council on Historic Preservation adopted a policy on climate impacts to
historic places. Many other communities have adopted guidance at the local level to address
changes to historic structures that are necessary to mitigate for flooding and sea level rise.
In the most recently available Florida Comprehensive Historic Preservation Plan, the state
acknowledges the need to address long-term threats to historic properties in the state, including
sea level rise. Locally, Miami -Dade County's Office of Historic Preservation completed a
vulnerability assessment of County -designated historic properties and an update to their design
guidelines that focus on resilience. Miami Beach has adopted guidelines for adaptation and
mitigation of historic resources in the face of flooding and sea level rise.
334 Atlantic Avenue
334 Atlantic Avenue's proximity to the water is a significant feature of the property. The original
1984 County designation includes information on the "environmental responses of its design." It
notes that the property is "built on the water's edge, in the same way that buildings in Venice
come up to the canals." It further notes that water is within view of the house on three sides,
taking the place of a backyard. "The house responds beautifully to its surroundings, making
maximum use of the prevailing breezes of its rear oceanside location. Window groups, set in
cross ventilation patterns, balconies, roof overhangs, a central courtyard facing directly over the
canal, and the building's multiple massing, are all part of the environmental techniques
employed."
The property is located on the water in an AE8 flood zone. The Miami -Dade County Flooding
Vulnerability map shows a parcel mean elevation of 1.99 feet. Sea level rise vulnerability shows
that there is no permanent inundation after 1 foot of sea level rise using the 2040 NOAA
Intermediate -Low or Intermediate -High sea level rise estimates. However, under the 2070
NOAA Intermediate -High sea level rise estimates there would be permanent inundation of the
site after 1 foot or higher rise. (Miami -Dade County Flooding Vulnerability map,
https://gisweb.miamidade.gov/vulnerabilityviewer)
Page 94 of 98 105
Information Provided by the Applicant
Although information provided by the applicant is not applicable to the review criteria for
demolition of 334 Atlantic Avenue, it has been reviewed here as related to the larger issue of
historic resources, sea level rise, flooding, and climate change.
The engineering report provided by the applicant notes the following:
• "No structural analysis was performed on the building to determine the capacity of the
structural systems."
• "Building constructions and standards of the 1930s are considered deficient by today's
standards. This applies to this structure and other structures built in the 1930s. This
building does not comply with current building code."
• "To bring this building into compliance, it must undergo level III alteration of the Florida
Building Code 2020 (7th edition) for existing structures. This means that the building has
to be strengthened to comply with the current Florida Building Code. Which means that
the roof connection tie downs have to be implemented to strengthen the roof and lateral
load structural systems have to be installed, such as shear walls. Wall openings such as
doors and windows and the exterior CMU walls must be reinforced. All corners of the
building would need concrete columns. Hence, the foundations also must be
strengthened to resist such lateral loads."
• "We noted the current building has some deficiencies that might [italicized added for
emphasis] compromise the integrity of the structure in case of a hurricane or storm
scenario."
• Information is shared on the data from the results of the concrete core testing, but not
analyzed to summarize the results.
• Mitigation options are suggested:
• "In order to raise the structure a complete foundation rehabilitation and redesign
need to occur to sustain the jacking loads."
• "Level III alteration would require demolition of the corners of the house to add
corner columns."
• "Floor ledgers (2nd floor) need to be installed to comply with current code and
standards."
• "Pursuant to FEMA, if the cost of the renovations exceeds 50% of the value of the
structure without the land, the structure has to be elevated to meet current flood
requirements. Therefore, raising the house up to needed elevations for compliance is not
feasible, the whole structure would have to be upgraded for level III alteration required
by Florida Building Code 2020 — 907.3 Existing structural elements carrying gravity loads
and 907.4 Existing structural elements resisting lateral loads."
In response to the engineering report and associated request letter:
• Non-compliance with the Building Code is true of the majority of similarly situated historic
structures. It is not a reason to de -designate a landmarked structure.
• The report notes what is needed to bring building into compliance, but does not address
cost or Building Code variances that may be an option.
Page 95 of 98 106
• Regarding FEMA compliance, FEMA also has variances for historic structures that may
be an option.
• The results from the concrete core testing results are not clear. Raw data is not
translated into an analysis for the layperson.
• Mitigation options are provided in the engineering report such as adding corner columns,
but no costs are provided. The request letter states that the professional engineering
report indicates that elevating or relocating the structure is not economically feasible.
However, that is not indicated in the report.
Page 96 of 98 107
Appendix F
References
City of Sunny Isles Beach Code
§171-10. Decisions on certificates of appropriateness.
The Board's decision on an application for a certificate of appropriateness shall be based
upon an evaluation of the compatibility of the physical alteration or improvement with
surrounding properties and, where applicable, compliance with the following:
A. The Secretary of Interior's Standard for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings, as revised from time to time; and
B. Other guidelines/policies/plans adopted or approved by resolution or
ordinance by the City Commission.
Secretary of the Interior's Standards for Rehabilitation
1. A property will be used as it was historically or be given a new use that requires
minimal change to its distinctive materials, features, spaces and spatial
relationships.
2. The historic character of a property will be retained and preserved. The removal
of distinctive materials or alteration of features, spaces and spatial relationships
that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place and use.
Changes that create a false sense of historical development, such as adding
conjectural features or elements from other historic properties, will not be
undertaken.
4. Changes to a property that have acquired historic significance in their own right
will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples
of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
feature will match the old in design, color, texture and, where possible, materials.
Replacement of missing features will be substantiated by documentary and
physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the
gentlest means possible. Treatments that cause damage to historic materials will
not be used.
8. Archeological resources will be protected and preserved in place. If such
resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy
historic materials, features, and spatial relationships that characterize the
property. The new work will be differentiated from the old and will be compatible
with the historic materials, features, size, scale and proportion, and massing to
protect the integrity of the property and its environment.
Page 97 of 98 108
10. 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.
Secretary of the Interior's Standards for Rehabilitation & Guidelines on Flood Adaptation for
Rehabilitating Historic Buildings
https://www.nps.gov/orgs/1 739/upload/flood-adaptation-guidelines-2021.pdf
Page 98 of 98 109
CITY OF
\SLES /
The Height of Living
y \SfLES 9
RECEIVED
7/29/2024
PLANNING & ZONING DEPT.
334 Atlantic Isle Property
Peer Review of Structural Condition Report
Prepared by
Youssef Hachem Consulting Engineering
July 29, 2024
110
CcIpengineering
July 29, 2024
Amy Canales, AICP
Planning & Zoning Director
18070 Collins Avenue, 31d floor
Sunny Isles Beach, FL 33160
Re: Peer Review: Structural Condition Assessment Report by Yousef Hachem
Consulting Engineering for the property at 334 Atlantic Isle, Sunny Isle Beach,
Florida 33160
Dear Ms. Canales:
In accordance with our agreement and Purchase Order No. 24-01732, following this
transmittal you will find our Report on our peer review of the Structural Condition
Assessment Report by Yousef Hachem Consulting Engineering for the property at 334
Atlantic Isle, Sunny Isle Beach, Florida 33160. This document presents an accurate and
unbiased professional opinion within the scope of our engagement and based on our
research and analysis of available information.
The Table of Contents that follows lists the components of our work effort and brief
report. Do not hesitate to contact me personally at (305) 305-6906 if you need further
clarifications on this undertaking. We thank you for your confidence in CAP Engineering
and for the opportunity to be of service to the City of Sunny Isles Beach.
Sincerely.
Ricardo J. Fernandez, RA
Principal Architect / Senior Project Manager
CAP Engineering, Inc.
C. Carlos Penin, P.E.
343 Almeria Avenue, Coral Gables, FL 33134 •0 305.44$•1711 eF 305.448.1712 • WWW.Capfla.Com 111
Peer Review: 334 Atlantic Isle Property Report — Sunny Isles Beach �p in Yii1
TABLE OF CONTENTS
Letterof Transmittal........................................................................................................................ i
Tableof Contents............................................................................................................................ ii
Authorization and Scope of Work........................................................................................ Page 1
Executive Summary - Peer Review....................................................................................... Page 2
Certification and Extent of Responsibility........................................................................... Page 4
Appendix A: Copy of Structural Condition Report Dated February 26, 2024 ................... Page 5
112
Peer Review: 334 Atlantic Isle Property Report — Sunny Isles Beach ceip inrdn
AUTHORIZATION and SCOPE of WORK
CAP Engineering, Inc was requested by the city of Sunny Isles Beach Planning and Zoning
Director, Ms. Amy Canales, AICP to provide a brief peer review of the Structural Condition Report
prepared by the firm of Youssef Hachem Consulting Engineering for the building located on the
334 Atlantic Isle property. Report is dated February 26, 2024, and is included in this report under
Appendix A.
The Report was prepared for Shubin & Bass, P.A., attorneys for the current property owner, the
owner is seeking demolition of the historically designated building on the property shown in this
paragraph and on the cover of this brief report. Shubin &
Bass, P.A also subcontracted the firm of NV5 to perform
laboratory compressive strength and chemical analysis
on the concrete of the subject property. Chemical
Analysis was performed by A & S Laboratories. NV5
Report is dated December 7, 2022 and is affixed as
Appendix B to the Youssef Hachem Consulting Engineering Report.
This Peer Review was authorized by the City of Sunny Isles Beach on July 15, 2024 thru Purcha
Order No. 24-01732. Ricardo J. Fernandez, RA, Principal Architect and Senior Project Manager at
CAP Engineering is the designated professional for this undertaking.
1
113
Peer Review: 334 Atlantic Isle Property Report — Sunny Isles Beachcelpengineering
EXECUTIVE SUMMARY - PEER REVIEW
The the firm of Youssef Hachem Consulting Engineering (YHCE) is a well-known and respected
local firm led by Youssef Hachem, P.E., that said, his brief reports starts by attesting to the fact
that they "have conducted a visual structural condition assessment". The second two -lines
paragraph refers to the assessment as an inspection, suggesting that brevity of the effort and the
narrowness of the scope. The Report lacks a transmittal letter and is not signed or sealed as is
customarily done. The report further states that his firm did not perform any destructive or non-
destructive testing. However, the firm of Shubin & Bass contacted the firm of NV5 to perform
concrete core samples test as outlined in the YHCE report. The YHCE Report further states that
"no structural analysis was performed on the building to determine the capacity of the structural
systems."
More than half of the brief YHCE Report is commentary and technical data describing the Lab
concrete testing by NV5 and its subconsultant A & S Laboratories contracted by Shubin & Bass,
attorney for the property owner who seeks to demolish the building. While the NV5 Report is
technically factual and established testing standards were followed, the limited testing performed
is insufficient to make a determination as to the structural integrity of the building
The YHCE Report states that no structural as built or historical plans were found for review. Since
the scope of their work was limited to a visual inspection, it is doubtful that due -diligence efforts to
locate any existing plans were carried out. At any rate, locating or creating record as -built
drawings is essential to evaluate the condition of a historical building. The report states in several
instances that the structural elements of the building do not comply with current codes, citing the
codes and also the fact that all the building elements must be brought up to current codes
compliance as the associated costs will exceed 50% of the actual value. While this is correct, so is
the case for similar aged buildings and this fact does not mean that the structure is compromised.
The Report further states that the walls are constructed of unreinforced (empty cells) clay masonry
units also not in compliance. Second floor framing is wood joists without any strap connectors. It
also cites that there are not any connectors between the wall and the wood trusses, and these
2
114
Peer Review: 334 Atlantic Isle Property Report — Sunny Isles Beach celpn1 ill rid
have wood collars. I believe the reference to wood trusses is an observation oversight as wood
collars are used on rafters, not trusses; as these are tension -ties intended to resist rafter
separation from the ridge beam(s) . The Report also makes reference to deteriorated grade
beams with cracks, spalling concrete and rusting re -bars, however, these are not quantified.
The YHCE Report makes reference to the Florida Building Code 2020 (7th edition) when the
Florida Building Code 2023 (8th edition) was in effect at the time the report was written. No
reference to Florida Building Code Chapter 12 (Historic Buildings) isn made or notations that the
present building is already historically designated. There are no records of consultation with the
City's historical consultant or with the Florida State Historic Preservation Officer.
Finally, the statement is made that the integrity of the structure might be compromised, in case of
hurricane or storm scenario. This is somewhat repeated in YHCE Conclusions as" the current
structure has the potential risk of failure in case of a hurricane or heavy storm scenario." These
are guarded assumptions noted with the use of MIGHT and POTENTIAL with no real calculations
to support them. As with the Conclusions, YHCE Recommendations are inconclusive and
guarded; nothing more should have been expected from a brief visual assessment and limited
testing authorized from the legal counsel to the property owner who seeks demolitiom=n of the
structure.
3
115
Peer Review: 334 Atlantic Isle Property Report — Sunny Isles Beachcapengineering
CERTIFICATION AND EXTENT OF RESPONSIBILITY
The items addressed in this report reflect our professional peer review based on our evaluation
of the Structural Condition Report prepared by Youseff Hachem Consulting Engineering and
dated February 26. 2024 for the 334 Atlantic Isle property, forwarded to us by the City of Sunny
Isles Beach Planning and Zoning Department.
Our peer review is not to be considered all-inclusive but represents CAP Engineering's Ricardo
J. Fernandez professional opinion based on his experience and knowledge, to the extent
reasonably possible within the agreed-upon scope of work. CAP Engineering shall not be
responsible for this opinion to anyone other than those to whom it is addressed.
CAP Engineering's review analysis and opinion are also based on CAP Engineering's Ricardo J.
Fernandez experience as a licensed construction industry and design professional involved in
similar undertakings. It is recognized, however, that neither thr City of Sunny isles Beach, CAP
Engineering, Ricardo J. Fernandez, nor other project or third party consultants have control over
the outcome of our review, or over the assignment of further investigations to third parties by the
City. Accordingly, CAP Engineering cannot and does not warrant or represent that our review
analysis and opinion will result in elimination or mitigation of risks associated with the condition of
the 334 Atlantic Isle property.
Cap Engineering does not assume liability for the outcome of commitments, decisions,
expenditures or obligations made based on our peer review of work product, for which CAP
Engineering has had no direct or indirect control. CAP Engineering does not assume any liability
for the condition or structural integrity of the 334 Atlantic Isle property.
CAP Engineering
4
116
Peer Review: 334 Atlantic Isle Property Report - Sunny Isles BeachCapengineering
APPENDIX A
Structural Condition Report - Dated February 26, 2024
Prepared by
Youssef Hachem Consulting Engineering
117
STRUCTURAL CONDITION ASSESSMENT
334 Atlantic Isle,
Sunny Isles Beach, Florida 33160
Prepared for
Shubin & Bass, P.A.
H222740
February 26, 2024
PREPARED BY
CITY op
y \SLESe
% 0
RECEIVED
May 8, 2024
PLANNING & ZONING DEPT.
MflCE
www.yhengineering.com 99 NW 27 Ave, Miami, FL. 33125, (305) 969-9423, Fax (305) 969-9453
Youssef Hachem Consulting Engineering
118
TABLE OF CONTENTS
I. Introduction
Page 3
II. Methodology
Page 3
III. Structural System
Page 4
IV. Structural Evaluation
Page 4
V. Site Observations
Page 5
VI. Lab Concrete Testing
Page 10
VII. Conclusions
Page 10
VIII. Recommendations
Page 10
Appendix A - Photos Page 12
Appendix B — NV5 Report Page 14
2
119
STRUCTURAL CONDITION ASSESSMENT for
334 Atlantic Isle,
Sunny Isle Beach, Florida 33160
I. INTRODUCTION
General
We have conducted a visual structural condition assessment on the existing structure
located at 334 Atlantic Isle, Sunny Isle Beach, FL 33160.
The purpose of the inspection is to assess the structural condition of the structure, to
evaluate the structural capacity of the building.
Property appraiser information
Based on Miami Dade County property appraiser, the structure was built in 1936, the
building rises 2 stories with a living area of approximately 5,104, square feet.
II. METHODOLOGY
This inspection was visual in nature from the exterior and interior of the building. Our
office did not perform any destructive or non-destructive testing; however, Shubin &
Bass did engage NV5 to perform concrete core samples to test for:
1- Concrete compressive strength
2- Extent of Carbonation
3- Chloride Content
The report in its entirety is in Appendix B. Discussion of the results are to follow in this
report.
No structural analysis was performed on the building to determine the capacity of the
structural systems. It's our opinion that the current structural system of the building
does not comply Florida Building Code 2020 (7th edition), HVHZ (High Velocity Hurricane
Zone) edition.
3
120
III. STRUCTURAL SYSTEMS
The structure is a two-story building. The building's structural system is as follows:
- First Floor - Crawl Space Flooding Level
o Concrete Grade Beams supported on piles.
o Concrete Slab over grades beam.
- Second Floor:
o Plywood.
o Wood Joist seated on top of the wall without any strap connector.
o Clay block wall unreinforced, interlocked by mortar.
- Roof:
o Wood Trusses over the wall, with wood collar ties. Notice there are not any
connectors between the wall and the wood truss.
o Clay tiles.
Performing the inspection visually was useful to determine spalling and cracking issues
on the concrete structure. Our office coordinated to perform some destructive and non-
destructive test to determine the capacity of the structural systems. Notice in this report
we are addressing the results of the test in Appendix B.
IV. STRUCTURAL EVALUATION
Building constructions and standards of the 1930's are considered deficient by today's
standards. This applies to this structure and other structures built in the 1930's. This
building does not comply with the current building code. The structure's roof connections
for wind uplift forces and for wind lateral resistance are non-existent. Moreover,
openings protection and CMU reinforcing is also non-existent. To bring this building into
compliance, it must undergo level III alteration of the Florida Building Code 2020 (7th
edition) for existing structures. This means that the building has to be strengthened to
comply with the current Florida Building Code. Which means that the roof connection tie
downs have to be implemented to strengthen the roof and lateral load structural
systems have to be installed, such as shear walls. Wall openings such as doors and
windows and the exterior CMU walls must be reinforced. All corners of the building
would need concrete columns. Hence, the foundations also must be strengthened to
resist such lateral loads.
According to the structural inspection we determined that the following areas need
repair:
• Several linear cracking on the walls (clay blocks unreinforced).
G!
121
• Concrete Lintels beams have several linear cracking. (See images Appendix A).
• Some spots on the structure with concrete spalling.
• The clay masonry unit wall is unreinforced and has linear cracking along the
perimeter of the building. (See images Appendix A).
• Clay units are interlocked by mortar, and the cells are empty.
• Grade beams are in deteriorated situation, rebar has evidence of rust due to
several cracking and spalling. (See image 2)
All the issues described above are addressed according to our visual inspections (see
Appendix A).
We did not find any structural as built plan or historical plan available to review.
According to the facts described above, the structural bearing walls were built with clay
blocks interlocking each other with mortar and are unreinforced. Neither complies with
current code and standards for structural clay (ASTM C56 — Standard Specification for
Structural Clay Nonloadbearing).
The building is in poor condition and does not comply with current building code as it
presents damage described above like cracking and spalling (See images in appendix a).
Concrete elements such as grade beams present severe linear cracking along their
length, in some cases exposing the rebar. (See image 2).
Image 2. Linear cracking on the concrete tie beam.
As showed in image 2, this typical damage is recurrent in all the grade beams.
V. SITE OBSERVATIONS
5
122
Walls along the perimeter of the structure present linear cracking (close to the openings
elements, such as windows and doors).
Concrete lintel beams present linear cracking, corroding the rebar.
Crawl space presents concrete grade beams with presence of severe linear cracking and
spalling, rusting and corrosion of the existing steel reinforcement.
Based on the inspection performed, and the foregoing facts, we noted the current
building has some deficiencies that might compromise the integrity of the structure in
case of a hurricane or storm scenario.
VI. LAB CONCRETE TESTING
Shubin & Bass engaged NV5, Inc. to conduct concrete laboratory testing on the building
to obtain compressive strength, carbonation depth, and chloride content. The laboratory
extracted three (3) concrete core samples of sizes 3.00 in diameter by 6.00 in length
approximately, which also were used to test for carbonation and chloride.
-Concrete compressive: the results of the testing for concrete strength are tabulated and
charted as follows:
Core
Compressive Strength
Number
[PSI]
I -Main House Footing
4,240
2 -Boat House Footing
4,020
3 -Boat House Footing
4,860
0
123
Concrete Core Samples
Compressive Strength
6000
ii 5000
s
Vc 4000
d
3000
>
IA
2000
L
Q
E 1000
1. Main House Footing 2. Boat House Footing 3. Boat House Footing
Core Number
The Concrete compressive strength ranged from 4,240 to 4,860 psi.
-Carbonation depth: Carbon dioxide from air reacts with the calcium hydroxide in
concrete to form calcium carbonate, this process is called carbonation. Carbonation,
naturally starts from the exterior surface and progresses inwards. Carbonation actually
increases the compressive strength of concrete; however, it also decreases alkalinity,
which is essential for corrosion prevention of the reinforcement steel. The results of the
testing for carbonation depth are tabulated and charted as follows:
Core
Carbonation Depth
Number
[inches]
Exterior Column
0.05
Main House Footing
None Detected
7
124
Concrete Core Samples
Carbonation Depth [inches]
0.06
0.05
L
a+
0- 0.04
0
c 0.03
.1
'CO 0.02
0
M 0.01
U
0
1 2 3
Core Number
The carbonation found in the samples ranged between 0" — 0.05".
- Chloride Content: Chloride salts react with the concrete and reduce its alkalinity. When
that happens, the protective layer surrounding the rebar is broken and rebar corrosion
starts. The cores were tested at the bottom, middle and top. Based on the results, the
chloride content obtained ranged from 375 to 660 parts per million (ppm) at the top
sections of the cores, from 990 to 1,220 ppm at the middle and from 380 to 1,050 ppm
at the bottom section of the cores.
125
Chloride Content
Chloride Content at
Chloride Content at
Core
at Top
middle
bottom
Number
(ppm)
(ppm)
(ppm)
Main House
Footing
375
1,200
1,050
Exterior
Column
660
990
380
125
According to the publication "Design and Control of Concrete Mixtures," chlorides may be
introduced into concrete with the separate mix ingredients (admixtures, aggregates,
cement, and mixing water) or through exposure to deicing salts, seawater, or salt laden
air in coastal environments. An acceptable limit depends primarily upon the type of
structure and the environment to which it is exposed during its service life. ACI 318R-14,
table 19.3.2.1 shows that the maximum water-soluble chloride ion (CI-) content in
concrete (percent by weight of cement) shall be 0.30% for non -pre -stressed concrete
exposed to moisture but not to an external source of chloride and 0.15% for non -pre-
stressed concrete exposed to moisture and an external source of chloride from deicing
chemical, salt, brackish water, seawater, or spray from these sources.
According to ACI 318, the maximum water-soluble chloride ion content in concrete,
percent by weight of cement for exposure class: "Concrete exposed to moisture and an
external source of chloride shall be maximum 0.15 % or 1,500 ppm."
0
126
Concrete Core Samples
Chlorides Content by ppm
1,400.00
1,200.00
1.000.00
t ¢
v
500.00
t?a
c
3
----
v
600.00
z
e
Ss- t 1
400.00
r`
200.00
0.00
Main House Footing Exterior Column
Core Number
W Chloride Content at Top ppm 0 Chloride Content at middle ppm d Chloride Content at bottom ppm
According to the publication "Design and Control of Concrete Mixtures," chlorides may be
introduced into concrete with the separate mix ingredients (admixtures, aggregates,
cement, and mixing water) or through exposure to deicing salts, seawater, or salt laden
air in coastal environments. An acceptable limit depends primarily upon the type of
structure and the environment to which it is exposed during its service life. ACI 318R-14,
table 19.3.2.1 shows that the maximum water-soluble chloride ion (CI-) content in
concrete (percent by weight of cement) shall be 0.30% for non -pre -stressed concrete
exposed to moisture but not to an external source of chloride and 0.15% for non -pre-
stressed concrete exposed to moisture and an external source of chloride from deicing
chemical, salt, brackish water, seawater, or spray from these sources.
According to ACI 318, the maximum water-soluble chloride ion content in concrete,
percent by weight of cement for exposure class: "Concrete exposed to moisture and an
external source of chloride shall be maximum 0.15 % or 1,500 ppm."
0
126
Chloride Limits for Concrete as required
by ACI 318 Building Code for Structural Concrete
VII. CONCLUSIONS
The structure elements of the building do not comply the current code. (ACI -530; ASTM
C56 & FBC 2020).
Based on our inspection, we conclude that the walls are composed of clay masonry units
and the cells of these units are empty, without grout and therefore are unreinforced.. All
the lintel concrete beams inspected present critical linear cracks, corroding the rebar.
Grade beams contain critical damage such as spalling and severe cracking, that might
compromise integrity of the structure.
Based on our inspection, and the damage and the circumstances described above, it is
our professional opinion that the current structure has the potential risk of failure in case
of a hurricane or heavy storm scenario.
VIII. RECOMMENDATIONS
Based on the site observations, the conditions of the structural members of the building
and level III alteration required by the Florida Building Code, the structural members of
this building need to undergo extensive rehabilitation, including CMU reinforcement,
lateral systems construction, and strengthening of the foundations. Moreover, repairs to
the roof and spalled concrete have to be done. The required foundations augmentation
might compromise the total stability and integrity of the house.
In order to raise the structure, scaffolding and temporary framing will be installed under
the foundation to jack up the structure. The foundation of the house is weak enough to
crumble under such loads during the jacking process, due to the footer being on shallow
10
127
Maximum water soluble chloride ion
Max
Min f ,
content in concrete, percent by weight
w/cm
Exposure Class
of cement"
Reinforced
Prestressed
Concrete
Concrete
CO—Concrete dry or protected
N/A
2500
1.00
0.06
from moisture
C1- Concrete exposed to
moisture but not to external
N/A
2500
0.30
0.06
sources of chlorides
C2 - Concrete exposed to
moisture and an external
0.40
5000
0.15
0.06
source of chlorides
Chloride Limits for Concrete as required
by ACI 318 Building Code for Structural Concrete
VII. CONCLUSIONS
The structure elements of the building do not comply the current code. (ACI -530; ASTM
C56 & FBC 2020).
Based on our inspection, we conclude that the walls are composed of clay masonry units
and the cells of these units are empty, without grout and therefore are unreinforced.. All
the lintel concrete beams inspected present critical linear cracks, corroding the rebar.
Grade beams contain critical damage such as spalling and severe cracking, that might
compromise integrity of the structure.
Based on our inspection, and the damage and the circumstances described above, it is
our professional opinion that the current structure has the potential risk of failure in case
of a hurricane or heavy storm scenario.
VIII. RECOMMENDATIONS
Based on the site observations, the conditions of the structural members of the building
and level III alteration required by the Florida Building Code, the structural members of
this building need to undergo extensive rehabilitation, including CMU reinforcement,
lateral systems construction, and strengthening of the foundations. Moreover, repairs to
the roof and spalled concrete have to be done. The required foundations augmentation
might compromise the total stability and integrity of the house.
In order to raise the structure, scaffolding and temporary framing will be installed under
the foundation to jack up the structure. The foundation of the house is weak enough to
crumble under such loads during the jacking process, due to the footer being on shallow
10
127
foundation. Hence in order to raise the structure a complete foundation rehabilitation
and redesign need to occur to sustain the jacking loads.
Level III alteration would require demolition of the corners of the house to add corner
columns.
Floor ledgers (2nd floor) need to be installed to comply with current code and standards.
Pursuant to FEMA, if the cost of the renovations exceeds 50% of the value of the
structure without the land, the structure has to be elevated to meet current flood
requirements. Therefore, raising the house up to needed elevations for compliance is not
feasible, the whole structure would have to be upgraded for level III alteration required
by Florida Building Code 2020 — 907.3 Existing structural elements carrying gravity loads
and 907.4 Existing structural elements resisting lateral loads.
The only reasonable solution that would prevent the house from flooding at every king -
tide or storm event would be to raise it. Given the structural condition of the house as
previously noted (i.e. a 2 -story structure built in 1936 with unreinforced terracotta
block, and one that has suffered from significant deterioration and spalling over the
years), our professional opinion is that this structure would not survive an attempt to
raise it, due to the fact of the fragility of the walls and lack of structural framing to resist
the lifting loads.
11
128
APPENDIX A
PHOTOS
12
129
13
130
APPENDIX B
NV5- Report
14
131
15
132
December 7, 2022
Mr. Ian DeMello
Shubin & Bass, PA
46 S.W 1St Street, Third Floor
Miami, FL 33130
Re: Report for Concrete Core Physical and Chemical Analyses
334 Atlantic Avenue
334 Atlantic Ave
Sunny Isles Beach, Florida 33160
NV5 Project No.: 18005.00
Dear Mr. DeMello:
NV5, Inc. submits this report in fulfillment of the scope of services described in our proposal 22-0975
dated October 25, 2022. This report contains the data collected and describes the procedures used.
PROJECT INFORMATION
The project site is located at 334 Atlantic Ave, Sunny Isles Beach, Florida. The site is bounded by a
single-family home to the east, by Atlantic Isle Road to the north, and by Biscayne Bay to the south and
west. The site is approximately trapezoidal in shape.
PURPOSE
The purpose of our services on this project is to perform laboratory compressive strength and chemical
analyses on the concrete core and present a report summarizing the results.
SAMPLE COLLECTION
NV5 was instructed by the client to retrieve cores from three different structural elements. A Ground
Penetrating Radar (GPR) was performed to determine the adequate locations to extract the cores. Five
(5) cores were extracted by NV5 personnel and were bagged within the time limit indicated I ASTM
C42-20 and transported to NV5 laboratory for testing. The core locations are summarized in Table 1.
The concrete cores dimensions were 2.77 -inches in diameter and varied in length from 5.92 -to 6.98 -
inches. We note that the concrete cores diameter is less than that recommended in ASTM C42
Standard Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete.
14486 Commerce Way I Miami Lakes, FL 33016 1 www.NV5.com I Office 305.666.3563 1 Fax 305.666.3069
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
133
Mr. Ian De Mello
Shubin & Bass, PA
Physical & Chemical Laboratory Testing - 334 Atlantic Avenue
Table 1- Summary of Core Locations
Core
No. I
Core
Location
1
Main House Footing
2
Main House Footing
3
Boat House Footing
4
Boat House Footing
5
Exterior Column
LABORATORY TESTING
Cores - Compressive Strength
December 6, 2022
Page 2
NV5 Project No. 18005.00
Concrete cores labeled as 1, 3 and 4 were tested using the following:
• Compressive Strength in general accordance with ASTM C42-20, Standard Test Method for
Obtaining and Testing Drilled Cores and Sawed Beams of Concrete.
The concrete cores were trimmed to the appropriate test correction factor of approximately 2:1 length
to diameter ratio. The core samples were capped with a high-strength capping compound (TMI CA -
0100 Capping Compound) and later subjected to compressive strength testing. The results ranged
from 4,020 to 4,860 pounds per square inch (psi). The compressive strength results are summarized
in Table 2 and presented in Appendix A.
Table 2 - Summary of Compressive Strength Test Results
Core
No.
Core
Location
Diameter
in.
Original
Length
in.
Unit Weight
Compressive
Strength si
1
Main House Footing
2.77
5.92
130.88
4,240
3
Boat House Footing
2.77
5.73
141.00
4,020
4
Boat House Footing
2.77
6.98
130.40
4,860
MR
CONSTRUCTION Q UALITYASSU RANCE -- INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
134
Mr. Ian De Mello
Shubin & Bass, PA
Physical & Chemical Laboratory Testing - 334 Atlantic Avenue
Cores - Acid -Soluble Chloride Ion Content and Depth of Carbonation Test
December 6, 2022
Page 3
NV5 Project No. 18005.00
Concrete cores labeled as 2 and 5 were shipped to A & S Laboratories for the following tests:
• Acid -soluble chloride ion content in general accordance with ASTM C1152-20, Standard Test
Method for Acid -Soluble Chloride in Mortar and Concrete and Concrete.
• Carbonation (ASTM C856-20, Standard Practice for Petrographic Examination of Hardened
Concrete).
Concrete core labeled as 2 and 5 were tested for acid -soluble chloride ion content at depth of 0"-111
,
1"-2" and 2"-3". The percent chlorides were based on testing a 10 -gram pulverized sample of the
core. The concrete cores chloride contents of cement ranged from 375 to 1200 parts per million (ppm).
The chloride contents are presented in Appendix B.
Concrete core labeled as 2, and 5 were tested for depth of carbonation by spraying with an indicator
spray such as phenolphthalein. The depths of carbonation indicated by the testing are summarized in
Table 3 and presented in Appendix B. Photographs of the core color reactions are shown in appendix
B.
ND - None Detected
N/A - Not Applicable
Table 3 - Summary of Laboratory Depth of Carbonation Test
Core
No.
Core
Location
Depth of
Carbonation in.
2
Main House Footing
ND
5
Exterior Column
0-0.5"
NV5
CONSTRUCTION QUALITYASSURANCE -- INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
135
Mr. Ian De Mello December 6, 2022
Shubin & Bass, PA Page 4
Physical & Chemical Laboratory Testing - 334 Atlantic Avenue NV5 Project No. 18005.00
CLOSURE
We appreciate the opportunity to provide engineering and material testing services on this project.
This report has been prepared for the exclusive use of the current project owners and other members
of the design team for the specific application to the project described in this report. This report has
been prepared in accordance with generally accepted local engineering practices; no other warranty
is expressed or implied.
If you or other members of the design team have questions about the information contained in this
report, please contact the undersigned at 305-901-2151.
Sincerely,
NV5, Inc.
Leon R. Habr
Project Engineer
Distribution: 2 Copies to Addressee via U.S. Mail
Copy to NV5 File
This document has been digitally signed
and sealed by:
Printed copies of this document are not
considered signed and sealed, and the
signature must be verified on any
electronic copies
Attachments:
Appendix A: Compressive Strength Test Data (1 pages)
Appendix B: Chemical Analysis (8 pages)
2VD0 aV
_ No.43884 _
STATE OF <(/
FCORIOP
Alfredo Budik, PE
L.��;�,�,
Senior Engineer 11111111�����
Florida License No. 43884
F.,\DOC\NV5 Reports \18005.00334 AtlanticAvenue_Shubin & Bass_Core_Physical_Chemical_Lab_Analyses_12-7-2022.docx
NV5
CONSTRUCTION QUALITYASSURANCE -- INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
136
APPENDIX A
Compressive Strength Test Data
14486 Commerce Way I Miami Lakes, FL 33016 1 www.NV5.com I Office 305.666.3563 1 Fax 305.666.3069
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
137
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APPENDIX B
Chemical Analysis
14486 Commerce Way I Miami Lakes, FL 33016 1 www.NV5.com I Office 305.666.3563 1 Fax 305.666.3069
CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL
139
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL. 33556
Phone: (727)375-0388
TEST REPORT
785032
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Main House Footinq 0-1"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3837
Cement Weight (lbs.):
342
Chloride Content (mg/kg)
375 ppm
Percent Chloride Content:
0.0375%
Percent Chloride by Mass of Cement:
0.4207 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
140
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785033
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Main House Footinq 1-2"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3837
Cement Weight (lbs.):
342
Chloride Content (mg/kg)
1200 ppm
Percent Chloride Content:
0.1200%
Percent Chloride by Mass of Cement:
1.3463 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
141
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785034
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Main House Footinq 2-3"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3837
Cement Weight (lbs.):
342
Chloride Content (mg/kg)
1050 ppm
Percent Chloride Content:
0.1050%
Percent Chloride by Mass of Cement:
1.1780 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
142
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785029
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Exterior Column 0-1"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3534
Cement Weight (lbs.):
325
Chloride Content (mg/kg)
660 ppm
Percent Chloride Content:
0.0660%
Percent Chloride by Mass of Cement: 0.7177 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
143
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785030
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Exterior Column 1-2"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3534
Cement Weight (lbs.):
325
Chloride Content (mg/kg)
990 ppm
Percent Chloride Content:
0.0990%
Percent Chloride by Mass of Cement:
1.0765 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
144
A & S Project Number:
Purchase Order Number
Customer:
Project Name:
Attention:
A & S Laboratories
2550 Success Dr.
Odessa, FL 33556
Phone: (727)375-0388
TEST REPORT
785031
N/A
NV5
334 Atlantic Avenue
Ralph Numa
The results of tests performed in accordance with ASTM C1218-20 Acid Soluble
Chloride in Mortar and Concrete are as follows:
Sample Location:
Exterior Column 2-3"
Client Identification:
N/A
Project Number:
N/A
Sample Characteristics:
N/A
Date Core Extracted:
11/16/2022
Date Sample Tested:
11/30/2022
Core Weight (lbs./c.y.):
3534
Cement Weight (lbs.):
325
Chloride Content (mg/kg)
380 ppm
Percent Chloride Content:
0.0380%
Percent Chloride by Mass of Cement: 0.4132 %*
Gregory P Allen
Lab Director
*This result is based on client supplied data. The percent chloride by mass of cement may be
an estimated value. The client should provide a mix design when possible for an accurate
calculation.
145
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• Outlook
Re: Sunny Isles COA Denial
From Ian DeMello <idemello@shubinlawgroup.com>
Date Tue 9/24/2024 6:20 PM
To Alain Boileau <aboileau@ngn-tally.com>
Cc Stan Morris <smorris@sibfl.net>; Susan Simpson <SSimpson@sibfl.net>; Amy Canales <acanales@sibfl.net>;
Mauricio Betancur <MBetancur@sibfl.net>
This Message is From an External Sender
ATTENTION: This message originated from outside your organization. If the email contains any links or
attachments which are forwarding you to any login pages or it is asking for your organization credentials, DO
NOT ENTER any information and immediately contact your IT Department.
148
Alain:
Thank you for your email. While we may disagree, we understand the City's position.
Please confirm that this email is sufficient to provide notice of appeal of the HPB's
September 11 th denial of the Certificate of Appropriateness related to 334 Atlantic.
The grounds for appeal include but are not limited to: (i) changed circumstances
compelled approval of the Application; (ii) the denial results in an exceptional financial
burden to the owner; (ii) the denial results in an unconstitutional, uncompensated
taking of owner's property; (iii) the HPB failed to apply the correct law; and (iv) the
HPB decision was not supported by competent substantial evidence.
Please also provide directions for the $200 filing fee.
I will follow up with a supplemental notice further outlining the grounds of the appeal.
Best,
Ian
Ian E. DeMello, Esq.
Partner
SHUBIN LAW GROUP ITHE EUCLID GROUP
;_�A close-up of a logo Description automatically generated
Offices in Miami, West Palm Beach & Tampa
Phone: (305) 381-6060
Direct: (305) 381-7145
idemello@shubinlawgroup.com
Attention: The information contained in this e-mail message is confidential information and privileged.
The information contained herein is intended solely for the use of the individual(s) named above. !f the
recipient of this message is not the intended recipient, you are hereby notified that any distribution or
149
Shubin Law Group
PROFESSIONAL ASSOCIATION
Via Email
November 12, 2024
Mr. Mauricio Betancur
City Clerk
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Re: Supplemental Notice of Appeal - 334 Atlantic
HPB Denial of Certificate of Appropriateness
Dear Mr. Betancur:
This correspondence is transmitted to you on behalf of George Scholl and Dione Del
Monico ("Owners"), the owners of real property located at 334 Atlantic Avenue in the City of
Sunny Isles Beach (the "Property"), and is intended to serve as a formal supplemental Notice of
Appeal of the City's Historic Preservation Board ("HPB")'s denial of Owners' Application for a
Certificate of Appropriateness for demolition ("COA Denial").
I. Background
The HPB's COA Denial severely, unreasonably, and unfairly burdens Owner and Owner's
Property because it seeks to require Owner to maintain and live in a historically designated
structure that is uninsurable, subject to flooding, structurally deficient, and not in compliance with
Florida Building Codes, all at a significant, uncompensated financial burden to Owner. I
The subject structure was initially designated an individual historic site in 1984 through
Dade County Resolution No. 8401. In 2005, following incorporation and formation of the Historic
Preservation Board, the City of Sunny Isles ("City") redesignated the structure as an individual
historic site through Resolution No. 2005-808, along with the Atlantic Isles Entrance Bridge,
Atlantic Isles Lake Bridge, and the Sunny Isles Beach Pier.
Since purchasing the Property in 1993, Owners have invested substantial amounts of
money into repairing and maintaining the structure in accordance with the relevant historic
I Under the City's Code, an undue economic hardship is defined as "[a]n exceptional
financial burden that would amount to the taking of property without just compensation, or failure
to achieve a reasonable economic return in the case of income-producing properties." § 171-1,
City Code.
Wts'F PA_m BFAC1 M ArAi TAMPA
525 Okeechobee Blvd #1680 100 Southeast 2nd Street #4020 1001 Water Street 4610
West Palm Beach, FL 33401 Miami, FL 33131 Tampa, FL 33602
Shubinlawgroup.com I Tel (305) 381-6060 1 Fax (305) 381-9457
150
Page 2 of 6
preservation guidelines. However, as thirty years has gone by and the home reaches an age of 88,
South Florida's climate is changing, and sea levels have risen. It is now apparent that the residential
structure, which is located adjacent to the water's edge in a high-risk flood zone, exposed to salt
air and subject to periodic flooding, is at high risk of unsalvageable hurricane damage and further
structural deterioration.
As a result of these changed circumstances, on August 25, 2023, Owners applied for a
Certificate of Appropriateness to demolish the structure ("Application").z On May 7, 2024, the
HPB held the first hearing to consider the Application (the First Hearing).
At the First Hearing, the HPB heard testimony from Owners about the changed
circumstances since they purchased the home, including the fact that Owners were denied
windstorm insurance due to the age and condition of the structure and as a result, the structure was
uninsurable. The HPB also heard evidence that the Application met the City's criteria for approval
because demolition and construction of a new structure that is elevated and resistant to flooding
and hurricane damage would be compatible with the surrounding structurally -sound and flood -
resistant properties in the neighborhood. See § 171-10, City Code.
In addition, the HPB heard expert testimony from Youssef Hachem of Youssef Hachem
Consulting Engineering, the professional structural engineer hired to assess the structural condition
of the structure. Mr. Hachem testified that, structurally, the "roof connections for wind uplift
forces and wind lateral resistance are non-existent"; the building has "several linear cracking on
the walls, concrete spalling, clay masonry walls that are unreinforced with linear cracking"; and
that "CMU reinforcing is also non-existent." He also testified that the structure does not comply
with current building code; that the structure has the potential risk of failure in case of a hurricane
or heavy storm scenario; that the structure needs to be raised to meet flood requirements; that the
building needs to undergo extensive rehabilitation to the foundations which risk compromising the
total stability and integrity of the house; and that in order to raise the structure, scaffolding would
need to be installed but the foundation is weak enough to crumble under such loads during the
jacking process. Due to the structural deficiencies, Mr. Hachem concluded that it is not feasible
to elevate or move the structure.
Despite the competent substantial evidence presented to the HPB supporting approval and
confirming that the City's criteria for issuance of a COA had been satisfied, the HPB opined that
the expert testimony of the professional engineer was not enough, that the City should hire their
own engineer to assess the structure, and continued the hearing to a later date.
Owner originally sought to remove the individual historic site designation of the structure,
so it did not have to immediately seek demolition, however, the City does not have any criteria in
its Code to remove historic designation and the criteria for listing a structure as historic does not
include structural deterioration, flooding, or sea -level related issues. While Owner maintains that
this lack of process is an unconstitutional infringement on Owner's due process rights, and without
waiving any legal rights to challenge that process, Owner proceeded with an application for a
certificate of appropriateness for demolition.
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On September 11, 2024 (over a year after Owners submitted the Application), the HPB held
a second hearing ("Second Hearing"). Instead of presenting testimony from a qualified structural
engineer, the City retained a Registered Architect to conduct a peer review of Mr. Hachem's
reports. The Architect's review, which was not a peer review since a Registered Architect is not
a "peer" or an engineer qualified to assess the structural integrity of the structure, did not disagree
with any of Mr. Hachem's findings. Instead of approving the Application, the HPB arbitrarily
denied the Application, seeking to place Owners in a position where they must either continue to
live in a structure that is prone to flooding and at a high risk of hurricane damage with no insurance,
or spend millions of dollars in an effort to elevate the house and bring the structure up to current
Building Code standards, when a qualified engineer has opined that those efforts would not
succeed.
Because the City's actions unfairly and unreasonably burden Owners' Property and would
result in an undue economic hardship that results in an uncompensated and unconstitutional taking
of the Property, Owners filed this instant appeal to the Commission seeking a reversal of the HPB's
COA Denial.
II. SUMMARY OF RELEVANT LEGAL AUTHORITY SUPPORTING REVERSAL
A. Changed Circumstances Require Reversal.
At the HPB First and Second Hearings, Owners presented evidence of changed
circumstances to support demolition. It is well established that changed circumstances and
hardships, such as those affecting Owner, warranted the relief that Owner sought. See, e.g., Lorenz
v. City of Florissant, 747 S.W.2d 222 (Mo. 1988) (holding that a variance to a local historic district
zoning restriction may be granted based on parcel specific hardships); State by Powderly v.
Erickson, 301 N.W.2d 324 (Minn. 1981) (holding that to permanently deny an owner the
beneficial use of his property by requiring him to make a substantial investment in repairs
and renovations over his objection would constitute a taking for which the owner would have
a right of compensation (emphasis added)); Lafayette Park Baptist Church v. Scott, 553 S.W.2d
856 (Mo. App. 1977) (holding that a landowner could not be obligated under the police power of
the state, absent condemnation, to expend his money for the benefit of the public or alternatively
to forgo any use of his land for the foreseeable future as a result of the determination of a board
of adjustment under an historical district ordinance that it was physically possible to save a
structure, although at an expense unwarranted by any possible use of the structure after
rehabilitation (emphasis added)); Joachim Beno Steinberg, New York City's Landmarks Law and
the Rescission Process, 66 N.Y.U. Ann. Surv. Am. L. 951, 954 (2011).3
J It is also compelling that the Florida legislature preempted local ordinances that seek to
prevent demolition of single-family residential structures in flood prone areas. § 553.79(25), Fla.
Stat. ("A local law, ordinance, or regulation may not prohibit or otherwise restrict the ability of a
private property owner to obtain a building permit to demolish his or her single-family residential
structure located in a coastal high -hazard area, moderate flood zone, or special flood hazard area
according to a Flood Insurance Rate Map issued by the Federal Emergency Management Agency
for the purpose of participating in the National Flood Insurance Program if the lowest finished
floor elevation of such structure is at or below base flood elevation as established by the Florida
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For this reason alone, the COA Denial must be reversed.
B. The COA Denial Constitutes an Unconstitutional Taking of Owner's Property.
Under the City's Code, an undue economic hardship is defined as "[a]n exceptional
financial burden that would amount to the taking of property without just compensation, or failure
to achieve a reasonable economic return in the case of income-producing properties." § 171-1,
City Code. Denying demolition in these circumstances constitutes an undue economic hardship
and an unconstitutional taking of private property, especially where the cost of restoration or
maintenance is so great that the owner would be precluded from making economically beneficial
use of the property. See id.; e.g., Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)
("when the owner of real property has been called upon to sacrifice all economically beneficial
uses in the name of the common good, that is, to leave his property economically idle, he has
suffered a taking").
C. Owners Satisfied the only applicable City Criteria
When reviewing an application for a Certificate of Appropriateness, the Board's decision
must be based on "an evaluation of the compatibility of the physical alteration or improvement
with surrounding properties" and, where applicable, compliance with (A) "The Secretary of
Interior's Standard for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as
revised from time to time"; and (B) "Other guidelines/policies/plans adopted or approved by
resolution or ordinance by the City Commission." § 171-10, City Code.
Owners maintain that the Secretary of Interior's Standard for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings are not applicable to a Certificate of
Appropriateness for demolition. There is City precedent to support this. In 2007, following
damage from Hurricane Wilma, the "Pergola"4 was deemed structurally unsound and uninsurable.
The HPB determined that the relevant standard to issue a COA for demolition was "upon an
evaluation of the compatibility of the physical alteration or improvement with surrounding
properties" and, applying that standard, issued the COA for demolition (HPB Resolution 2007-
05), and the Pergola was subsequently demolished (emphasis added).
To the extent that such guidelines are applicable, they are not, the Secretary of Interior's
Standard for Rehabilitation and Guidelines on Flood Adaption for Rehabilitating Structures
recognizes that "in making land -use and planning decisions for a community or neighborhood,
there may be situations when it is necessary to identify sacrificial historic sites or structures" and
that "demolition could be chosen to remove buildings most at risk ... to allow for new
Building Code or a higher base flood elevation as may be required by local ordinance, whichever
is higher, provided that such permit otherwise complies with all applicable Florida Building Code,
Florida Fire Prevention Code, and Life Safety Code requirements, or local amendments thereto.").
4 The Pergola existed on a separate, parcel abutting the Property and owned by the Applicant
and was demolished following the issuance of a Certificate of Appropriateness from the City's
Historic Preservation Board (HPB Resolution 2007-05).
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structures designed to withstand water damage in future flood events." See Guidelines on
Flood Adaption for Rehabilitating Structures p. 126 (emphasis added). No "[o]ther
guidelines/policies/plans" have been adopted or approved by the City Commission.
At the HPB Hearing, Owner presented testimony that the structure is located adjacent to
the water's edge and is not elevated or otherwise compliant with current Florida Building Code
standards. Owner also presented evidence that issuing a COA for demolition would allow
construction of a new structure in a more flood -resilient method, making the Property more
compatible with "surrounding properties." Accordingly, the Application should have been
approved because the Application satisfied the City's applicable review criteria.
D. The City's Zoning Code is Unconstitutionally Vague
"In order for ordinances which provide decisional authority to be constitutional, they must
have mandatory objective criteria to be followed when -making a decision." Friends of Great S.,
Inc. v. City of Hollywood ex rel. City Com'n, 964 So. 2d 827, 830 (Fla. 4th DCA 2007) (citing
Miami—Dade County v. Omnipoint Holdings, Inc., 811 So. 2d 767, 769 (Fla. 3d DCA 2002),
decision quashed on other grounds, 863 So. 2d 195 (Fla. 2003) (holding that provision of Miami—
Dade County Code on unusual uses was legally deficient because it lacked objective criteria for
the County's zoning boards to use in their decision-making process); City of Miami v. Save Brickell
Ave., Inc., 426 So. 2d 1100, 1104 (Fla. 3d DCA 1983) ("[I]f definite standards are not included in
the ordinance, it must be deemed unconstitutional as an invalid delegation of legislative power to
an administrative board."); ABC Liquors, Inc. v. City of Ocala, 366 So. 2d 146,149 (Fla. 1st DCA
1979) ("Any standards, criteria or requirements which are subject to whimsical or capricious
application or unbridled discretion will not meet the test of constitutionality."); N. Bay Village v.
Blackwell, 88 So. 2d 524, 526 (F1a.1956) ("An ordinance whereby the city council delegates to
itself the arbitrary and unfettered authority to decide where and how a particular structure shall be
built or where located without at the same time setting up reasonable standards which would be
applicable alike to all property owners similarly conditioned, cannot be permitted to stand as a
valid municipal enactment.")).
Sufficient guidelines are required so that:
1. persons are able to determine their rights and duties;
2. the decisions recognizing such rights will not be left to arbitrary administrative
determination;
3. all applicants will be treated equally; and
4. meaningful judicial review is available.
Id. (emphasis added).
Here, Owner originally sought to remove the individual historic site designation of the
structure so it did not have to immediately seek demolition, however, the City does not have any
criteria in its Code to remove historic designation and the criteria for listing a structure as historic
does not include structural deterioration, flooding, or sea -level related issues. This lack of process
is an unconstitutional infringement on Owner's due process rights.
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In the absence of this criteria, Owner sought a COA for demolition. The City Code
similarly fails to provide specific, objective criteria relevant to demolition. Lacking sufficient
guidelines, the HPB arbitrarily chose to rely on City Code provisions related to rehabilitation. As
evidence by the COA Denial, this resulted in decisions related to Owner's Property that were left
to arbitrary HPB determinations that require reversal.
III. CONCLUSION
In light of the foregoing, Owners respectfully request that the City Commission reverse the
COA Denial. Please feel free to contact us should you have any questions or concerns regarding
this Notice. Thank you for your anticipated attention to this matter.
Sincerely,
John K. Shubin
Ian E. DeMello
For the firm
,
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