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Item L3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21. 2002 Division: Growth Management Bulk Item: No ---1L Department: Planning & Env. Resources AGENDA ITEM WORDING: Approval of a resolution denying the request of Barbara Eads to rescind the Historic Landmark Designation of the Leonard and Hannah Lowe House located at 91770 Overseas Highway, Tavernier, Florida. ITEM BACKGROUND: The Lowe House in Tavernier received the Historic Landmark Designation in 1997 at the request of the owner Barbara Eads because it met the eligibility criteria in the LDRs. The original portion of the house was built in approximately 1925. A safety inspection by a private engineering firm in 2001 found the building in major disrepair. On 4/24/02 the Monroe County Building Official, Joe Paskalik, made a site visit to the house. He was unable to gain access to the interior of the structure to make a determination if the building is safe. From the outside of the building Mr. Paskalik found the building to be in a state of "severe deterioration." The Historic Preservation Commission recommended against the rescission because it was not demonstrated that the building could not be repaired. PREVIOUS RELEVANT BOCC ACTION: At a regularly scheduled Board of County eommissioners meeting on November 12, 1997 the Monroe County Board of eounty Commissioners unanimously approved the Historic Designation for this property. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: To approve the resolution denying the rescission of the Historic Designation for the Lowe House. TOTAL COST: N/A BUDGETED: Yes No N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty --X- OMBlPurchasing N/A Risk Management N/ A DIVISION DIRECTOR APPROVAL: arry, AICP DOCUMENTATION: Included X To Follow_ Not Required _ AGENDA ITEM # 4? DISPOSITION: r< 'f't ~ KMC Planning Director RESOLUTION NO. -02 A RESOLUTION BY THE MONROE eOUNTY BOARD OF eOUNTY COMMISSIONERS DENYING THE REQUEST OF BARBARA EADS TO RESCIND THE HISTORIC DESIGNATION OF THE LEONARD AND HANNAH LOWE HOUSE LoeATED AT 91770 OVERSEAS HIGHWAY, TAVERNIER, MONROE eOUNTY, FLORIDA. WHEREAS, the property is located at 91770 Overseas Highway in Tavernier, described in Part as Lot 21, of the Absolom Albury Plat and a Part of the northwesterly 97.97 feet of Tract A, Burton's Addition, to Tavernier, Monroe eounty, Florida, Real Estate number 00479470-000000; and WHEREAS, on April 5, 2002 the Historic Preservation eommission signed Resolution #H02- 02, requesting that the Board of eounty eommissioners deny the request of Property Owner Barbara Eads to rescind the 1997 Historic Designation placed on her home; and WHEREAS, the eounty eommission designated this property as a "Historic and Cultural Landmark" as provided by Article VIII of the Monroe eounty Code. Amended, on November 12, 1997; and WHEREAS, the Monroe eounty Historic Preservation Ordinance requires that "an historic designation may only be amended or rescinded by complying with the same procedures as the original approval"; and WHEREAS, the Monroe eounty Historic Preservation Ordinance empowers the Monroe eounty Historic Preservation Commission to "make recommendations to the Board of eounty Commissioners to designate historic property, and if necessary, recommend rescission of such designations"; and WHEREAS, the Monroe eounty Historic Preservation eommission during a regular meeting held on March 11, 2002, voted to recommend to the Board of eounty Commissioners that it deny the request of Barbara Eads; and WHEREAS, the Monroe eounty Board of eounty eommissioners has made the following Findings of Fact and eonclusions of Law, based on the evidence produced at this hearing: 1. The property is not under a demolition order by a government agency or a court of competent jurisdiction, as defined in Sec. 9.5-456(d); and Page 1 of2 Initials 2. The property owner has not submitted information to assert undue economic hardship, as defined in Sec. 9.5456(d)(1) and (2); and 3. The purpose of the Monroe County Historic Preservation Ordinance is to preserve, protect, and enhance historic properties, as noted in Sec. 9.5-451; and 4. The Leonard and Hannah Lowe House is still significant to the history of Monroe County and the State of Florida, continuing to meet the standards for designation as specified in Sec. 9.5-454 (a) (1) of the Monroe County Land Development Regulations; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support the decision of the Historic Preservation Commission recommending the Monroe County Board of Commissioners NOT RESCIND the designation of the Leonard and Hannah Lowe House, 91770 Overseas Highway, Tavernier, as a "Historic and Cultural Landmark" as provided for by Article VIII of the Monroe County Code. Amended. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 21st day of August, A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Bert Jimenez BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy (SEAL) ATTEST: DANNY KOHLAGE, CLERK BY DEPUTY CLERK Page 2 Of2 Initials Recommendation From The Building Official [.:if E M 0 RAN /) 1I M J To: Marline COrtaWCI) I Director of PIaMing From: Joe Po>kolik J Ilolldl'!j Offlci4l ~ Date: 04/2412002 RE: Site visit to the Lowe House PlJr'suant to Monroe ,:OUr'lty Code 9.5-458 a site visit was rnad~ this day. M approximately l1:00am. Ronda Normcln. (Codu Enforcement Director) Ralph Gouldy (Enviromuatal Plortner) and r arrived at the property in quesrion atld foll1d a building in Severe deterioration from many circumnances such as dry rot, termites, fire and n~lec;t. I was not able to go inside the strlJcture but from what r saw from the outside my opinion Is that tne bLlilding is a totollo!s and would require toted removal of the existing structure arid starting from the ground up. I was able to view l.lI'Ider th~ house and observed floor joi.sts hanging, foundation piers spalling end rotted floor sheathing. From the outside I was able to obset'Vt!l mud dry rotted wood and what looked like termite infested siding. My C)(perie1\ee would lead me to believe that it WOtlld take a large ~'Um of money to rebuild this buildin9 and very little original mate.ric.1 would be salvageable. In conclusion it is my lecommendation that the building be demolished. Memorandum and Staff Report from George Born, Historic Preservationist HPC Historic Preservation Commission Monroe County July 17, 2002 Ms. K. Marlene Conaway Planning Director Monroe County Planning Department 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 REF: 91770 Overseas Highway Dear Ms. Conaway: As you know, the owner of the above-referenced property has applied to have the County rescind its historical designation, a proposal that the Historic Preservation Commission, meeting on March 11, did not recommend. Subsequently, Building Official Joe Paskalik submitted a memo to the file recommending demolition. As this statement was not available to the HPC on March 11, the application was sent back to the HPC for consideration in light of this new piece of information. On July 8, the HPC met again, conducting another public hearing, and voted unanimously to uphold its earlier decision not recommending rescission. I am hopeful that the County Commission can make the final decision on this application at its August meeting in Key Largo. I would like to ask that you and your staff place it on the agenda for that hearing. I am enclosing the following materials: 1. The board packet for the March 11 meeting, which includes a summary of materials received in chronological order, a staff report, background information about the original historical designation of this property five years ago, together with information about the rescission request. Historic Florida Keys Foundation Old City Hall, 510 Greene St., Key West, FL 33040 tel. (305) 292-6718 facsimile (305) 293-6348 2. The board packet for the July 8 HPC meeting, which includes the minutes of the March 11 meeting, the resolution on the application, a memo to the County Commission highlighting the reasons for the decision, along with Joe Paskalik's memo and supplemental information submitted by the applicant. 3. The resolution and as-yet unadopted minutes of the July 8 meeting I will be on vacation from July 20 to August 4. Except for this interval, you may contact me at any time with questions. ~ Historic Florida Keys Foundation Old City Hall, 510 Greene St., Key West, FL 33040 tel. (305) 292-6718 facsimile (305) 293-6348 Minutes from The Historic Preservation Commission From July 8, 2002 HPC Historic Preservation Commission Monroe County MINUTES Monday, July 8, 2002, 6:00 p. m. Tavernier Fire House, Marine Avenue, bayside, Tavernier, MM 92. Call to Order -- Chair Lloyd called the meeting to order. Roll Call -- Chair Deanna Lloyd, Vice Chair Alice Allen, and board members Jim Clupper and Steve Johnson were in attendance. Diane Silvia was unable to attend. In addition, approximately ten members of the public were present. Adoption of Minutes of Previous Meeting -- On a motion by Steve Johnson, seconded by Alice Allen, the HPC adopted the minutes of the previous meeting. National Register Nominations -- George Born reported that State and Federal officials are interested in nominating those bridges that are not already listed on the NR This initiative springs from the development of the Florida Keys Overseas Heritage Trail. As a Certified Local Government, Monroe County's historic preservation program will playa role in this process. When the application is complete, the HPC will review it and make a recommendation before it continues on to Tallahassee and Washington. Survey/Inventory Grant Update -- George Born reported that the Bureau of Historic Preservation is planning to mail the Grant Award Agreement on July 12. This document will then go before the County Commission for final approval and the Mayor's signature to disburse matching funds. Staff in consultation with the HPe will prepare bid documents, and we will go out for bid. Informational or Educational Meetings, Workshops, and Conferences-- George Born reported on the twice-yearly weekend trips sponsored by the Florida Trust for Historic Preservation. He attended the last one in Coral Gables, and the Trust is planning the next one for Key West in November. Historic Preservation Commission Monroe County MINUTES Monday, July 8, 2002, 6:00 p. m. Tavernier Fire House, Marine Avenue, bayside, Tavernier, MM 92. Page 2 New Business -- Deanna Lloyd distributed an article about heritage tourism, which she thought would be of interest to those interested in preservation and economic development in the Keys. At this time, Karen Cabanas entered the room. Local Designation Rescissions Leonard Lowe House, 91770 Overseas Highway, Tavernier Staff Description of Proposal -- George Born explained the chronology of recent events and the documents that are in the board packets -- the minutes of the March 11 HPC meeting, a note to County Planner Ed McGee, the HPC resolution from that meeting, a memo to the County Commission. After having sent this information to Planning for placement on the County Commission meeting's agenda, Joe Paskalik, Building Official, sent a memo recommending that the building be demolished. As this was not in the file when the HPC reviewed the rescission application in March, senior Planning staff sent the case back to the HPC for consideration in light of this additional information. The applicant submitted additional information, too: letters from Barbara Eads and from Wayne Grierson, P. E.. The HPC is now to review this case with the new documentation in mind. Staff Recommendation Mr. Born reported that his staff recommendation remains unchanged, new materials notwithstanding, as they do not address the reasons brought up at the last meeting for denying this request. First, arguments that the building is too expensive to restore are still not supported by the information required by the Monroe County historic preservation ordinance for consideration of undue economic hardship. Second, opinions in the file regarding the condition of the building do not constitute a "demolition order from a government agency with authority to issue such an order or from a court of competent jurisdiction," in the words of the ordinance. Mr. Born said that he would expect a demolition ord.er to be a formal, legal document, citing the law granting the building official authority to issue it, along with a statement justifying that a building must be demolished -- with or without a property owner's permission. Historic Preservation Commission Monroe County MINUTES Monday, July 8, 2002, 6:00 p. m. Tavernier Fire House, Marine Avenue, bayside, Tavernier, MM 92. Page 3 Karen Cabanas confirmed that Mr. Paskalik's memo is not a demolition order. Applicant Presentation -- Richard Hopkins from Blue Water Engineering mentioned that the property is under a Code Enforcement case. He also stated that the building is unsafe and beyond repair. He added that moving it would be problematic, and it must come down. Consequently, he will seek a demolition order from the Code Enforcement Special Master. Karen Cabanas noted that this is an application for rescission of designation, not for a Certificate of Appropriateness for demolition. The exemption given to a government agency or a court of competent jurisdiction to issue a demolition order relates to applications for Certificates of Appropriateness. In such a case, the Code [9.5-456(d)(4)) also permits the HPC to "delay the effective date of the certificate for 90 days to allow the HPC to take such steps as it deems necessary to preserve the historic property. Such steps may include, but are not limited to, consultation with civic groups, public agencies, and interested citizens, recommendations for the acquisition of the historic property by public or private bodies or agencies, or moving the building or structure to another location." George Born stated that he expects the County Commission to hear this application at its August meeting in Key Largo. Public Testimony Chris Sante, a local property owner, business man, and developer, asked whether this is an open-minded panel or whether they had already made a decision. He said that the group appears to be close-minded, and he wanted to make sure that they will listen to him "with open ears." Upon receiving assurances that the HPC would take into account his comments, he described recent improvements in the Tavernier area, including projects that he has worked on. He noted that the crime rate has gone down, and the recent rehabs and demolitions are good for the neighborhood. . Regarding the condition of the building, he said that it cannot meet current wind codes, and there is no way to feasibly rebuild it. Since it cannot be saved, it should be replaced with a desirable replacement. He also noted that he is a termite inspector, who owns Arrow Termite and Pest Control, and he has Historic Preservation Commission Monroe County MINUTES Monday, July 8, 2002, 6:00 p. m. Tavernier Fire House, Marine Avenue, bayside, Tavernier, MM 92. Page 4 looked at the property. He went on to say that he has also looked at the building from an economic standpoint, and he agrees with Richard Hopkins that it cannot be feasibly redone. He concluded by mentioning his conflicts with the County, including Planning Director Marlene Conaway, with other projects. Sammy Sparks, who identified himself as a property owner and a State- licensed building contractor, said that the building is a dilapidated and termite-infested eyesore and safety hazard. Brett Newman, a resident of the neighborhood, said that many positive changes have taken place nearby. He added that this building is a danger during hurricane season, and a newer building would be better. Judy O'Hara Vetrick said that she lives next door to the property in another Lowe House. She said that Barbara Eads chose to designate this property five years ago, and nothing has changed in terms of its historic value since it was designated. Mrs. Vetrick would hate to see another landmark go, but would love to see it restored as is commonly done in Key West. She concluded by saying that there is no reason for the building to be de-designated. William Davis runs a commercial transportation business, bringing tourists to the Keys. He said that he has concerns about safety, especially during hurricane season, adding that the property is an eyesore. He said that he supports historic preservation, because he brings tourists to the Keys and tells them about local history and sites, but this situation is unacceptable. He stated that the building cannot be saved, it looks bad and is run down. He suggested that if it was savable five years ago, it should have been saved then. Joseph Vetrick, a lawyer who lives next door, said that he was at the last HPC meeting, when the board asked some very pointed questions. Yet he said that the answers were not adequate -- or at least he would think the Commission would be unsatisfied with those answers. He noted that we have heard testimony about all the hot button issues: safety, demolition, hurricanes. But he said the statements being made are unscientific and are not supported by anything other than opinion. He expressed his hope that the panel would not decide to rescind a designation on the opinion that it is an eyesore. Such an action would send a message that people can let their properties decay in order to have their designations rescinded. Historic Preservation Commission Monroe County MINUTES Monday, July 8, 2002, 6:00 p. m. Tavernier Fire House, Marine Avenue, bayside, Tavernier, MM 92. Page 5 He added that there has been a lot of building going on, and those few historic buildings left should be preserved. He asserted that this building can be restored. It is the burden of the applicant to come forward with persuasive evidence, yet we have heard worry and opinion, rather than anything substantial. Why, he asked, if the building was designated, should it be removed from the list now? Staff Response -- None Applicant Response -- Hopkins noted that many of those who have testified have licenses from the State of Florida. Consequently, they are offering educated, professional opinions. Board Discussion and Motion Alice Allen underscored that the application under consideration is for rescission of designation not demolition. Steve Johnson stated that in his view nothing has changed since the March 11 meeting: It is still a historic building. He went on to ask whether Richard Hopkins was an architect. Hopkins said he a mechanical engineer, not registered. Johnson asked whether Wayne Grierson was at the meeting last time. Hopkins said he was not. Johnson said that in his view, Paskalik's memo, which is not even written on Monroe County letterhead, is insufficient, certainly not constituting a demolition order. Jim Clupper asked what has changed since designation five years ago? Mr. Hopkins said that Barbara Eads probably did not fully understand what she was getting herself into. The building was in bad condition then, requiring someone with deep pockets to rehabilitate it. Mr. Hopkins stated that she does not have the means to rebuild it, and it has come to a point where the building is unsafe. Deanna Lloyd said that wooden structures will deteriorate if not adequately maintained. She added that it is unfortunate that the HPC is perceived as an impediment or a roadblock, as that is not the board's role. Karen Cabanas noted that if the building is demolished, the applicant must come back to the HPC for approval of the new plans. She said this is no different from what everybody in Old Town Key West has to do with HARe. Historic Preservation Commission Monroe County MINUTES Monday, July 8, 2002, 6:00 p. m. Tavernier Fire House, Marine Avenue, bayside, Tavernier, MM 92. Page 6 She also said that the criteria for rescission are totally different from the criteria for demolition. Steve Johnson suggested that an application for rescission would need to demonstrate that the original designation was false, and the resource was not historic in the first place. Mr. Hopkins said the building -- because of its age -- is historic, but it now has the potential of doing serious damage, serious injury, or death. He stressed that there is a reason for this application. He then accused the HPC of just wanting to get this in the paper, of playing on words, of just wanting to try to hold on to the building and not do anything about it. He stated that the courts will rule that this building will have to come down. Mr. Hopkins said that Mr. Sante asked you whether you had already made up your mind, and "we all know that you made up your mind." George Born introduced the concept of historic integrity into the discussion, a notion that comes from National Register of Historic Places. Resources that retain the feeling, association, characteristics, craftsmanship, etc. of their era have historic integrity. When those qualities are no longer in place, resources can qualify to be delisted. Born added that any action taken by the HPC today is only a recommendation. The item will be placed on the agenda for the County Commission meeting in August, when the binding decision will be made. Alice Allen moved to deny the request for a recommendation for rescission, based on the resolution of March 11 and the lack of any new evidence to indicate that the building is not historic in value. Steve Johnson seconded the motion. All members present voted in favor of the motion. Other New Business -- Alice Allen noted that the Tavernier Historic District, which is noted on the Future Land Use Map (FLUM) of the Monroe County 2010 Comprehensive Plan, may have more legal standing than previously thought. Although the Land Development Regulations (LDR's) fail to. mention the Tavernier Historic District, a recent discussion at the Planning Commission suggested that the inclusion of the District in the Comprehensive Plan trumps its omission in the LDR's. Consequently, it was Historic Preservation Commission Monroe County MINUTES Monday, July 8, 2002, 6:00 p. m. Tavernier Fire House, Marine Avenue, bayside, Tavernier, MM 92. Page 7 suggested, the LDR's should be amended to implement the Comprehensive Plan. Deanna Lloyd discussed her work with the Florida Keys Overseas Heritage Trail. A trail map is under development that would highlight areas of interest. She also noted that she is researching the history of agriculture in the Keys and is looking for historic photographs that relate to this topic. Adiournment -- On a motion by Steve Johnson, seconded by Jim Clupper, the HPC adjourned the meeting at 7:15. Resolution From The Historic Preservation Commission H03-02 RESOLUTION NO. H03-02 A RESOLUTION BY THE MONROE COUNTY HISTORIC PRESERVATION COMMISSION UPHOLDING RESOLUTION H02-02, RECOMMENDING THAT THE MONROE COUNTY BOARD OF COMMISSIONERS NOT RESCIND THE HISTORICAL DESIGNATION OF THE LEONARD AND HANNAH LOWE HOUSE, 91770 OVERSEAS HIGHWAY, TAVERNIER. WHEREAS the Monroe County Historic Preservation Commission during a regular meeting held on March 11, conducted a public hearing to discuss recommending rescinding the historical designation of the Leonard and Hannah Lowe House, 91770 Overseas Highway; WHEREAS the Monroe County Historic Preservation Commission voted unanimously to recommend that the historical designation not be rescinded, a conclusion summarized in Resolution H02-02; WHEREAS a memorandum from Joe paskalik, Building Official, was submitted to the record after the March 11 meeting; WHEREAS the Monroe County Historic Preservation Commission during a regular meeting held on July 8, conducted a public hearing to reconsider the rescission request based on the new evidence; WHEREAS the Historic Preservation Commission was presented with the following evidence, which by reference is hereby incorporated as a part of the record: 1. The above-mentioned memorandum of Joe Paskalik, dated April 24, 2002; 2. A letter from Wayne Grierson, P. E., of Blue Water Engineering and Design, Inc., dated June 12, 2002; 3. A letter from Barbara Eads to George Born and Jerry Wilkinson, dated June 14, 2002; 4. The comments of George Born, Historic Preservationist; 5. The comments of Richard Hopkins, Blue Water Engineering and Design, on behalf of the property owner; Page 1 of 3 Initial~ 6. The comments of five members of the public, including Chris Sante, Sammy Sparks, Brent Newman, Judy O'Hara Vetrick, William Davis, and Joseph Vetrick; 7. The comments of Karen Cabanas, Historic Preservation Commission Counsel; WHEREAS the Historic Preservation Commission has made the following Findings of Fact and Conclusions of Law, based on the testimony and the written data: 1. The new testimony and written data did not address the Findings of Fact and Conclusions of Law stated in Resolution H02-02, to wit: a. The property is not under a demolition order by a government agency or a court of competent jurisdiction, as defined in Sec. 9.5-456(d); b. The property owner has not submitted information to assert undue economic hardship, as defined in Sec. 9.5- 456(d)(1) and (2); c. The purpose of the Monroe County historic preservation ordinance is to preserve, protect, and enhance historic properties, as noted in Sec. 9.5-451; and d. The Leonard and Hannah Lowe House is still significant to the history of Monroe County and the State of Florida, continuing to meet the standards for designation as specified in Sec. 9.5-454 (a) (1) of the Monroe County Land Development Regulations; NOW THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support their decision to uphold their earlier resolution H02-02, recommending that the Monroe County Board of Commissioners NOT RESCIND the designation of the Leonard and Hannah Lowe House, 91770 Overseas Highway, Tavernier, as a "Historic and Cultural Landmark" as provided for by Article VIII of the Monroe County Code, Amended. Page 2 of 3 Initials~ PASSED AND ADOPTED by the Historic Preservation Commission of Monroe County, Florida, at a regular meeting held on the 8th day of July, 2002. Chair Lloyd YES Vice-Chair Allen YES Commissioner Clupper YES Commissioner Johnson YES Commissioner Silvia ABSENT. HISTORIC PRESERVATION COMMISSION OF MONROE COUNTY, FL RIDA By ~ Deanna Lloyd, Signed this 8th day of July 2002. Page 3 of 3 Initials ~ '..: '\..., "Iwrw ildlbtlfl f ~fJlJht'j. . . ."~f I 8 ~ tA ~ ~'; -- CA ..:c. g fA 1'1 t'-- LN