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Item N3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20. 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 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. The Historic Preservation Commission recommended against the rescission because it was not demonstrated that the building could not be repaired. This item was continued to the November 2002 BOCC Meeting in Key Largo. The County received an application for a Special Certificate of Appropriateness from Ms. Eads on October 27,2002. It is on the agenda of the Historic Preservation Committee for November 4, 2002. PREVIOUS RELEVANT BOCC ACTION: At a regularly scheduled Board of County Commission meeting on November 12, 1997 the Monroe County Board of County Commissioners unanimously approved the Historic Designation for this property. CONTRACT/AGREEMENT CHANGES: N/A ST AFF 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 Risk Management N/ A APPROVED BY: County Atty --X- OMB/Purchasing N/A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ DISPOSITION: AGENDA ITEM #~ 'f(/J(} ~ KMC Planning Director RESOLUTION NO. -02 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS DENYING THE REQUEST OF BARBARA EADS THAT WOULD RESCIND THE HISTORIC DESIGNATION OF THE LEONARD AND HANNAH LOWE HOUSE LOCATED AT 91770 OVERSEAS HIGHWAY, TAVERNIER, MONROE COUNTY, 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 County, Florida, Real Estate number 00479470-000000; WHEREAS, the County Commission designated this property as a "Historic and Cultural Landmark" as provided by Article VIII of the Monroe County Code, Amended, on November 12, 1997; WHEREAS, Barbara Eads, the owner of the property, currently wishes to have the designation of the property rescinded, so that the building may be demolished and a new structure erected; WHEREAS, the Monroe County Historic Preservation Ordinance requires that "an historic designation may only be amended or rescinded by complying with the same procedures as the original approval" ; WHEREAS, the Monroe County Historic Preservation Ordinance empowers the Monroe County Historic Preservation Commission to "make recommendations to the Board of County Commissioners to designate historic property, and if necessary, recommend rescission of such designations" ; WHEREAS, the Monroe County Historic Preservation Commission during a regular meeting held on March 11, 2002, voted to recommend to the Board of County Commissioners that they deny the request of Barbara Eads. WHEREAS, the Monroe County Board of County Commissioners has made the following Findings of Fact and Conclusions of Law, based on the evidence produced at this hearing: Page I of2 Initials 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); 2. The property owner has not submitted information to assert undue economic hardship, as defmed in Sec. 9.5456(d)(1) and (2); 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) ofthe 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 Committee 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 20th day of November, A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner David P. Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy DEPUTY CLERK (SEAL) ATTEST: DANNY KOHLAGE, CLERK Page 2 Of2 Initials . . RecomIllendation From The Building Official ~;'':''4}:{;l# ~~:),~.' - , -~..~.!" ?-.. 1M E M 0 RAN /) U M J To: Marline Conawcr, I Director of PIaMiFlg From::r.. P..t.lllk J lIuild;'!j Offk,.1 ~ Date: 04/2412002 Re: Site visit to the Lowe House PUr'SUat'1t to Monroe ':OUf'lty Code 9.5-458 0 site visit was made this day. At app,.oximotel.,. l1:00Qtn. Ronda Norman. (Cod.~ Enforcement Director) Ralph Goulcly (EnviromUltal Planner) and I arrived at the prope.rty in quesrion QI'ld foll'1Cl a building in severe detet'ioration from many circutnstances suen as dry rot, termites, fjre and n&glect. I was not able to go inside the strloJeturc but from what r Saw f,.om the outside my opinion Is that the building is a totallo!! and would require total removal of the existing structure arid starting from the ground up. I was able to view under th~ house and observed floor joi$1'S hanging, foundation piers spoiling and rotted floor sheathing. From the outside I was able to observe muct dry rotted wood and what looked like termite. infested siding. My &)(perience would Imd me to believe that it would take Q IQrge sum of money to rebuild this building and very little original rnaterid would be salvageable.. In conclusion it is my ,ecommendation 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. Sin rely YOD lJ.<-v . Born 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 play a 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 HPC 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 order 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. Ad10urnment -- 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 rnitial@ 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. :'1" Page 3 of 3 Initials@ "'?~~11/05/2002 11:38 3052936348 HFKF PAGE 01 HPC Historic Preservation Commission Monroe County November 5, 2002 K. Marlene Conaway, Planning Director 2798 Overseas Highway, Suite 410 Marathon, FL 33050 REF: Lowe House, 91770 Overseas Highway, Tavernier Dear Ms. Conaway: As you know, the COWlty Conunission at its August meeting in Key Largo tabled consideration of an application to rescind the historic designation of the above-referenced property. At that time, the applicant requested additional time to "go back to the drawing board" " The Monroe County Historic Preservation Commission held a workshop on September 30,2002, to discuss the property. Subsequently, the owner submitted an application, dated October 25,2002, for a Special Certificate of Appropriateness for demolishing the existing building and building a new one. The Monroe County Historic Preservation Commission held a public hearing yesterday November 4. 2002, to consider this application. After considering both wrinen and oral testimony, including the staff report and additional documents, the board vottzd unanimously to deny this application for demolition and new construction. Consequently, it seems likely that the application to rescind the historic designation of the property may be taken up again at the November County Commission meeting. h/~ Historic Florida Keys Foundation, Inc::. Old City Hall, 510 Greene Street, Key West, Florida 33040 Tel: 305-292-6718 Fax: 305-293-6348 Tobinlaw@terranova"net ANDREWM. TOBIN, PA Attorney at Law Post Office Box 620 Tavernier, Florida 33070 Land Use & Zoning Law Environmental Law Administrative Law Appellate Practice Real Estate Closings Telephone 305-852-3388 November 7,2002 Mayor McCoy and Commissioners c/o Danny Kolhage Monroe County Courthouse Annex Key West, Florida 33050 Re: November 21, 2002 BOCC meeting. Barbara Eads . Dear Mayor and Commissioners; I'm sorry to have to report that the Historic Preservation Commission (HCP) denied our application for a certificate of appropriateness to reconstruct the building despite overwhelming evidence that a) it would cost at least 50% more to repair than to reconstruct; b) the existing structure could not be repaired; c) the Building Official determined the structure was unsafe; d) the applicant would suffer an undue economic hardship because of the excessive nature of the costs to repair; and e) financing to repair the structure is unlikely because projected income is insufficient to repay the debt service. I am enclosing for your review the following documents that we presented to the HCP that should also be included in the record for the hearing before the BOCC to wit: 1) Affidavit of Barbara Eads; 2) Affidavit of Sammy Sparks; 3) Affidavit of Richard Hopkins; 4) Letter from Wayne Grierson, PE; 5) 5/4/01, Memo from Building Official Joe Paskalik; 6) 4/24/02 Memo from Building Official Joe Paskalik; 7) Letter from Fire Marshall Joe London; 8) Staff Report from the HPC; and 9) Letter from Edward G. Webb. I will also provide you with a transcript of the HCP meeting held on November 4, 2002. The Findings of Facts, Conclusions and Order in Code Enforcement Case No. UlO- 01-0429 is also enclosed. Based thereon, on July 31, 2002, the Special Master ordered Ms. Eads to pay a one time $5,000 fine and $100 per day from November 20, 2001, because she had not repaired the structure. We trust that you will be able to arrive at a fair, reasonable and just decision when you consider this matter on November 21,2002. Respectfully yours, /~ k~.9. -J ~ Andrew M. Tobin, Esq. ~~( t..J,-,i ...(..ILI... ........ ~ \".,I. ..........-.J.:.-i-..JG....;""tc t"""....\,,;lt:. t),j State of Florida County ofMooroe AFFIDAVIT OF BARBARA EADS Personally appeared before me the undersigned authority, BARBARA EADS, who being duly sworn deposes and says. I" My name is Barbara Eads. and I am the owner of the subject property. 2. I am duly licensed by the State of Florida as a real estate broker with my principal offices located in Key Largo, Monroe County, Florida. I am, and have been since 1984, a full time active real estate broker with substantial experience and knowledge of the real estate market in Key Largo for both residential and commercial properties 3" I have carefully evaluated whether the property can be repaired or restored as a historic building, and whether it is financially feasible to repair/restore the property, or replicate/re-build the structure. I have employed Dick Hopkins of Blue Water Engineering, and Sam T. Sparks of SoT Sparks Construction Inc., to determine whether the building is structurally sound, and how much it would cost to repair and restore the building, and how much it would cost to build a new structure that would replicate the existing structure. I have also discussed the property and tbe scope of work and costs associated with other professions. including Ed Webb from Webb Brothers Construction. Every professional has advised me that the building is in such bad condition that it is not worth rebuilding. Page 1 of 4 .~, uv, ~uu~ _'-''-'_..........l...i......''''v rH\;lt. 1:)4 " . 4. Based on my own experience, and the information that I received, I believe that it is not reasonable, practical or financially feasible to repair or restore the property based on the following: a) The building is beyond repair. I have been advised by Dick Hopkins and Sam Sparks, that the building is so badly deteriorated that it cannot be repaired essentially because the foundation is totally inadequate> the electrical system is totally inadequate and beyond nonnal repairs, the plumbing system is inadequate and beyond repair, the trusses and roof are beyond repair" b) I have also been informed by the Building Official that the structure is an unsafe structure and should be demolished" c) Even if the building was repaired, the so-called repairs would in essence amount to a complete rebuilding of the structure; 5. I have also learned that no one can reasonably estimate or guarantee how much it would cost to repair the structure" In other words, no contractor will guarantee the costs of the project. That makes it impossible for me to properly budget or determine whether it is financially feasible to repair the structure It also makes it virtually impossible to obtain a conventional loan. 6. I have researched the cost to demolish the structure and to re-build a similar structure to "replicate" the existing structure in order to maintain the historic status. I have been advised and reasonably believe that the cost to construct the proposed 1,824 s.f, structure will be $250,000, or $137 per square feet. The reasonable and Page 2 of 4 ......, '-''-'f .....'-''-'..... _ _ __..... -' '-''-' -' -1 '_ ,1'-'1\....1.... l.".,i,-, customary monthly carrying costs are:. a) mortgage payments $250,000 x 9% over 20 years is ($2,249); monthly taxes "" $500; monthly insurance = $500; monthly maintenance"" $150; monthly utilities $300. Total of $3,699 per month or $44,388 per year. Therefore, I will be required to charge rent in the amount of $24 34 per square foot to break even. Reasonable and customary rent for first class space is in the range of $15- 20 per s.f., therefore, I will incur a loss even if! rebuild. 7. I have learned that it will cost at somewhere in the range of 50 to 75% more to repair the structure, than to re-build it. To further illustrate the economic hardship associated with repairing the structure, consider that a mOl1gage of $375,000 at 9% over 20 years increase the payment from $2,249 to $3,373, thereby increasing my annual mortgage cost from 26,988.00 to $40,476. If I borrow $500,000, the mortgage payment would be $53,976.00 per year. 8. Also, it will take approximately one year to demolish and re-build whereas it would take at least two years to repair the property. This additional carrying cost must be included, and will increase the loan amount. 9. Finally, when I designated the property as historic I was not familiar with the regulations governing historic properties, and I did not know that I could not demolish the property if the structure was beyond repair Page Tof 4 f~/UU/~UU~ ~..v. ......'-'......~-'......c..:.'-1G rH<,;lt.. UO ~o-kAg,~ Barbara Eads SWORN TO AND SUBSCRIBED to this _ day of November, 2002 Notary Publ1c (SeallStamplExpiration) Page 4 of 4 .......; r::..,Cu' L()U.L .J.......v~ -..:.w.....4-..J..jO-,;...,c ,-',t. ",- .-~'V.::. V'- State of Florida County ofMQnroe AFFIDAVIT OF SAMMYT. SPARKS Personally appeared before me the undersigned authority, SAMMY 1. SPARKS, who being duly sworn deposes and says. 1. I, Sammy Sparks have lived in Key Largo for 3 years. I presently own SoT. Sparks Construction, Inc. I have worked in Atlanta, GA restoring property that has been designated "Historic", an example is The O'Hearn House, including but not limited to several homes in the Historical District in Macon, Ga" 2. I am a licensed contractor working in Key Largo and I understand the cost of labor, materials and the procedures of obtaining the proper permits in order to build" 3" I have examined the property located at 91770 Overseas Highway and it is my professional opinion that it is not feasible, or practical to repair the structure. To repair the structure requires taking apart the old structure, piece by piece, storing the parts somewhere and rebuilding the structure. This procedure is probably twice as expensive as new construction, and takes twice as long" I also do not belie e the foundation, floor joists and walls are properly anchored, which means the ent" e structure would n to b totally and completely re- built, before it could be "rep re . " .~/ SWORN TO AND SUBSCRIBED to this _ day of November 2002 (Seal/StamplExpiration) Notary Public N_oy 04 02 04: 4Sp BLUE WATER ENG 3058521584 p.2 AFFIDA VlT OF RICHARD HOPKINS Personally appeared before me the undersigned authority, RICHARD HOPKINS, who being duly sworn deposes and says. 1. My name is Richard E. Hopkins, and I am the President and Treasurer of Blue Water Engineering & Design, Inc. along with my partner Wayne M. Grierson, P.E. Certificate Number 22476, who is Vice President and Secretary of the Corporation. 2. Blue Water Engineering & Design, Inc. is a registered engineering corporation with the State of Florida, Certificate of Authorization Number 00005350. 3. Blue Water Engineering & Design, Inc. has been in business since 1987 and Wayne Grierson and myself have been doing structural inspections together until June of 1994. After this date I have been doing these inspections myself and in office reviews with Wayne M. Grierson. 4. We have been hired by Barbara Eads to be her engineer of record, which includes but is not limited to doing a structural inspection of the building and determining its structural integrity to include a written letter indicating if the building can be refurbished using the existing materials or would need to be tom down and reconstructed. 5. Blue Water Engineering & Design, Inc. was hired as engineers of record and threshold inspectors to reconstruct the Key Largo Anglers Club after Hurricane Andrew. The requirement was without exception that the interior and exterior of the club except for the roof would like identical to the clubhouse prior to the hurricane. This building is presently on the historical preservation list. 6. During the inspection we found the following; a. The ground level joists were beyond repair due to dry rot. b. The existing concrete piers have severe spalling and are beyond repair. c. The front porch would have to be removed and rebuilt due to a fife. d. The exterior siding is dry rotted and would require replacement. e. The electrical system is in very poor condition and would require total rep lacement. f. Without opening up the walls the studs, electrical and plumbing are all in the same condition and would require major repair or total replacement. NQY 04 02 04:46p BLUe:. lllH f e:.K l:.1'Iy .::lU~~~C:.l.~~""t (o'o.::l In our professional opinion the condition of this building is beyond repair and should be demolished and rebuilt. 7. The above is based on eighty-nine combined years of experience by Wayne Grierson and myself in the engineering field. Date f/~Z- NOTARY: STATE OF FLORIDA COUNTY OF Monroe The foregoing instrument was acknowledged before me this ~,2001/ ,by J1.~<6iden+- (Name) day of as ~ is personally known t~or has shown as identification My Commission Expires: ~/ /15 /Olp -0{",::;~;~~':~:~~~~,~~t~. NOTAK~ ::j~~wc. Sr ATE Q?;:I.ORIDA COMMISSiON NO. 00120820 MY COMMISSION EXP. NE 15.2006 ~~/WO/4WU4 ...~. ~t,..,-,....';"';O,,;)""0 '--d- ;.,..j~ 'H\,;lC. U.i. Blue Water En~ineerin~ & Design, Inc. 91971 Ovenell$ Hl~hway P.O. BOll 819 Tavernier. Florida 33070 (305) 852-4245 Pax (305) 852-1584 June 12~ 2002 Barbara Eads P.O. Box 404 Key Largo, Florida 33031 Re: Strocturalluspection 91770 Overseas Highways Tavernier, Florida 33070 Dear Barbara, On June 11, 2001, my partner Dick Hopkins, and I both reviewed the structural condition of your building with the following conclusions; 1) The ground level floor joists are beyond repair due to dry tot and termites. 2) Due to the fire, the front porch will have to be completely removed and rebuilt. 3) The concrete supports under the building are deteriorated beyond repair and will require replacement. 4) The exterior siding is drying rotted and will require replacement. 5) The electrical system is in very poor condition and will require total replacement. 6) Without opening up the interior walls, we can only believe the wall studs, electrical and plumbing are in the same condition and will require major repair or total replacement. Since the present condition of the building will require the replacement ofthe roundation. floor system, electrical and possibility the plumbing and wall studs will require dismantling the building. A minimum of original materials that could be use for reconstruction; therefore. we reconunend that this structure be demolished. Sincerely, Blue Water Engineering & Design. Inc, i)J. J.,!' t/!1 fi Wayne M. Gri~rson, P.E. Certificate No. 22476 CommerclllI & Re$idential Deslqo . Water Treatmen.t Plan,s " . 1.1'1emorandum Department of Code Enforcement 2798 Overseas Highway, Suite 330 Marathon, Florida 33050 Voice: (305) 289 2520 FAX: (305) 289 2536 Email: rnorman@mail.state.fl.us Board of County Commissioners Mayor Shirley Freeman, Dist 3 Mayor Pro Tern George Neugent, Dist. 2 Mayor Emeritus Wilhelmina Harvey, Dist. I Commissioner Nora Williams, Dist. 4 Commissioner Mary Kay Reich, Dist. 5 TO: Joe Paskalik, Building Official FROM: Arbie R. Odom, Jr., Code Enforcement O-iZ-o SUBJECT: Unsafe Structure Referral DATE: May 4, 2001 Attached please find photographs/documents regarding Code Enforcement Case # 01-0429C for your review. Owner: Barbara Eads Lot: Pt Lot 21 Subdivision: Island of Key Largo Physical Address: 91770 Overseas Hwy., Tavernier, FL Re: 00090180-000000 . Comments: Unsafe building reported by County Fire Marshall's office and sustained by Code Enforcement on 5/2/01. As you can see from the comments on the complaint form, the Fire Marshall pulled the electric meters. I have reviewed the documents/photographs provided to me regarding the above Code Enforcement Case. It is my opinion, based upon these documents/photographs that the structure is ./ Unsafe Not being maintained in a safe and sanitary condition . and is in violation of MCC 16-6.2 The Standard Unsafe Building Abatement Code as adopted. askalik, Building Official unsafe memo 10/25/0012:09 PM C. r.r ~ ;:yl }1~~~"~_. - ,.- 1M E M 0 RAN D 1I M To: Morlin~ COI'lQwoy / Director of Planning Fr....' Joe Paskahk I Building Official ~ Data: 04/24/2002 IlE: Sit. visit to the Lowe House 1 Pursuant to Monroe County Coda 9.5-458 Q site visit was made this day. At approximately ll:00am. ROt1da Nortncln, (Code Enforcement Director) Rolph Gouldy (Enviromental Planner) and I arTived at the property in question and found 0 building in ~cre detcri<<tf"a1'icm from many circumstances .such as dry rot, termites, fire and neglect. I wctI not able to go inside the strudure but from what I saw from the outside my opinion is that the building is 0 total 10$$ and would require total remowl of the existing structure and stdl"ti"9 from the ground up. I was able to view under tM house end observed floor joists hanging. foundation piers spoiling and rotted floor shedthing. From the outside I was oble to observe much dry rotted wood and what looked like termite infested siding. My expcrietlce would lead me to beliave that it would toke a lar~ sum of money to rebuild this building and very little original material would be salvageable. In conclusion it is my recommendation that the building be demolished" OUNTY oC'MONROE I<CY WEST ..:::J I~ORlOA 33* . (:IllS) ~1 FIRE MARSHAL'S OFFICE Mar.lthon Gov't Annex Bldg. 490 - 6Jrd Street Ocean Marathon, FL 33050 (305) 289-6010 (305) 289-60 13 FAX May 10,2001 Dick Hopkins Blue Water Engineering 91971 Overseas Highway Tavernier, FL. 33070 -- -....... --.J p.2 .~ BOARD OF COUNTY COMMISSIONERS MAYOR George Neugent, Oisaict 2 Mayor Pro Tem Nora Williams, District 4 Dixie Spehar, District I Charles "Sonny" McCoy, District 3 Murray NcJson. District 5 ~ ~V"'\ ~o ~,9 P ':;OoJ-OU.I..J r-- . Dear Mr. Hopkins. REF: FIRE REPORT # 01-017 This shall confirm that the Monroe County Fire Marshal's Office was called to investigate a flJ'e at 91770 OIS Hwy. Tavernier, FI. on April 29, 2001. During the flJ'C suppression activities, the electric services to the building were disc~nnected and the meters were pulled by the FKEC. The cause of the fire was undetermined and the origin of the fire was found on the front balcony of the second floor. See attached copy of report # 01-0 I 7. A Life Safety Inspection was conducted Monday sn/ol at the request of Mr. Dick Hopkins Blue Water Engineering." During the inspection it was determined by the Fire Marshal's Office that the condition of the building was not safe for habitation. There are structural deficiencies, such as sagging and dry rot throughout the floor systems with evidence' of termite damage in the floors, walls and roof systems. The electric service and wiring is inadequate with evidence of numerous changes to the original design over the years. It is my opinion that due to these existing conditions and the recent fire damage, the building is not safe for habitation. Please insure that the building is secured by fencing the property and/or boarding up the windows and doors. Thank you for your cooperation in this matter. Sincerely cc: Joe Paskalik: Sr. Building Offical Keith Cortner. Tavernier Fire Chief Arthur "Wally" Romero: Assistant Fire Marshal Barbara Eads: Owner e .~'U.IL~U~ !~;~~ 3a529~-'~34B HFKF PAGE 132 HPC Historic Prese",atioll Commission Monroe County Application for Cenificate of Appropriateness (Demolition and New Construction) 91170 Overseas Highway, Tavernier October 31. 2002 Staff Report 1. Demolition Reglll"ding the demolition request generally, Monroe CQ\U)ty Code [Sec. 9.5-456 (d)] states "the application shaH detail the reasons why demolition is necessary and shall provide detailed plans for the reuse of the historic site." AdditionaIly, it requires the HPC to evaltl.lte the application according five standards. a. "Whether the building or structure is of such design, craftsmanship, or materiaJs that it could be reproduced only with great djfficulty or expense. " Regarding its design. the staff report at the time of designation stated, "tbe structure exemplifies once-typical ground-level vernacuJar construction, now eclipsed by concrete block building methods and hurricane elevation requirements." Regarding its materials, \ the extensive use of Dade County pine - for interior, exterior, and S1J'UCtur.e - would b~ difficult and expensive to reproduce today" b" "'Whether the building or structure is one of the last remaining examples of its kind in the neighborhood or County"" In Tavernier, the structure is one: of the last remaining examples of historic ground-level, wood frame structures on the bay side of U.S. t. c. "Whether retention of the bUilding or structure would promote the general welfare of the County by providing an opportunit)' for the study of local history or prehistory, architectun: and design~ or by developing an understanding of the importance and value of a particular cultural heritage." ,I -- -- -'~""""I 11/Ell/26e2 15:El2 3a5293r:~.:lB HFKF PAGE El3 Staff Report Application for Certificate of Appropriateness (Demolition & New Construction) Lowe House, 91770 Ovcrsca3 Highway. Tavernier Page 2 of4 Retention of the building would provide an opportunity for the study of an example of Tavernier vernacular architecture, the Bahamian-heritage family -- Leonard and Hannah Lowe -- who built it, and the local hi~10ry of which they were a part. d. "Whether there are pJans for the reuse of the property if the proposed demolition is carried out, and the effect of those plans on the character of the surrounding area." The proposed reuse plan adheres closely to the scale, massmg, and proportion of the existing structure. e. "Whether denial of the application will result in an inordinate burden being placed on the owner's use of the: property"" This has been the applicant's principal argument. This claim would be demonstrated by making the case for undue economic hardship. Of these five standards, consideration of the first three would militate toward preservation of the historic structure, while that last two would weigh toward demolition. 2. Undue Economic Hardship Regarding claims for undue economic hardship, County Code requires the submission of the following infonnation: a. The amount paid for the property, the date of purchase, and the party from whom it was purchased; b. The assessed value of the land and improvements thereon according to the two most recent property tax assessments; c. The amount of real estate taxes assessed for the previous two years; d. The annual debt service, if any for the previous two years; e. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or o'-\.ner,hip of the property; f AJllistings of the property for sale or lease, including the price asked and any offers !eceived; and " 11_"" __ -- -.. ..,.....I~ .- - .., 11/81/2002 15:02 3052'33F~' 8 I-FKF PAGE 04 StaffRqron Application for Certificate of Appropriateness (Demolition &. New Construction) Lowe House, 91770 Overseas Highway, Tavernier . Page 3 of4 g. Any profitable adaptive uses for the property which have been considcRd by the owner. If undue economic hardship is claimed for income-producing property. the application should have the following information: a. the annual gross income from the property for the previous two years; b. itemized operating and maintenance expenses for the previous tWo years; and c. the annual cash flow, if any, for the previous two years. This infonnation has not been submitted prior to this meeting. J The Revised Plans (or a New Buildinll Regarding the proposed new strUcture, County Code requires the HPC to review proposals according to the Secretary of the Interior's Standards. For new construction in a historic district, Standard 9 applies: "The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architecbJral features to protect the historic integrity of the property and its environment. ,. In order to promote a design that is compatible with the Tavernier historic district yet clearly differemlatc:d as being new. the HPC reviewed plans submitted at the last workshop. Commissioner Steve JOMson made the following suggestions: I. The existing building needs to be shown correctly. Accurate drawings become a record of a historic house. The revised plans appear to dtepict the existing designated historic house more accurately. 2" A single door on the second floor front fa'Yade would be better than the double doors shown. The applicant has elected to retain the double doors on tbe revised plans 3. More columns - similar to me column pane:m on the historic house which correspond with the principal window bays - might look better. The revised plans show more columns. corresponding with the panem of those on the existing historic house. I I ~~( U~/-~"';;~ . L:J: tU /". I \ r- -- -- - 3652936348 HFKF PAGE 65 Staff Report Application for Certificate of Appropriateness (Demoljtion & New Construction) Lowe House, 91770 Overseas Highway, Tavernier Page 4 of4 4. Two-onr-two double-hung windows would be more appropriate than the eight- over-eight shown. The re\'i~ plans show two-over-two windows" S. Simpler balusters than the ones shown would be more in keeping with traditional Tavernier building technique. The ~vised plans show no ChangC3 to the balusters. 6. The proposed roof may be too flat. A steeper pitch - 5/12 - might be better. The revised plans show a roofwith a 5/12 pitch. In addition, Mr. Johnson, when asked about overhanging eaves. SU88c!t'ted that up to a two-foot overhang might be appropriate. The revised plans show a two-foot overhang. Other changes include a rear porch as well as a front porch, planters in the front yard, batten shutters instead of louvered shutters. the addition of a wheelchair ramp on the rear elevation, and the movins of the exterior rear staircase to the side elevation. In addition, a second Set of revised plans shows elevations not only with all of the above features, but also with "gingerbread" decoration. 4. Reouirements for Demolition R.equest's Monroe County Code states: "At the conclusion ofthc: public hearing, the HPC shaH, by written resolution, grant, grant with considerations, or deny the application. . . Ifthe HPe grants the application for a special certificate for demolition, it may delay the effective date of the ce~ific;ate 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. The delay of the effective date of the resolution shall also extend to the 30 day appeal period as provided in Section 9.5-468 and Aniele XN, to 120 days from the filing date of the resolution with the secretary to the historic preservation commission." f'I.ar Utl UC U't; 1 tlp Webb Bros. Contractln~ 305-852-9850 p.2 Licensed General Contractors #CGC 057897 March 8, 2002 Barbara Eads PO Box 404 Key Largo Fl 33037 Re: Building at 91790 Overseas Hwy Dear Barbara: After a thorough inspection of the building and surrounding structures, it is. my professional opinion that the building is deteriorated beyond repair~ It would be cost prohibitive to construct a complete new structure that would comply with new codes and wind loading restrictions in Monroe County. If you have any questions, please call me. w~ [J~~ Edward G. Webb President EGW/drw p"o. Box 1091 Key Largo, FL 33037 Phone (305) 852-7576 Fax (305) 852-9850 Nov 05 02 03:3c:p .JUt. r-'ri~KHL1K l-DU .:lU;:) c:tj~-C:;:)~o p.l BEFORE THE CODE ENFORCEMENT SPECIAL MASTER J. JEFFERSON OVERBY MONROE COUNTY, FLORIDA MONROE COUNTY, FLORIDA, Petitioner. CASE NO. UIO-Ol-429 vs. BARBARA EADS Respondent(s) . 1 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE having come on for public hearing before the Code Enforcement Special Master on October 3151 2001, and the Special Master, having reviewed the evidence, heard testimony under oath and argument of counsel (if any), and being otherwise fully apprised in the premises, makes the following findings of fact, conclusions of law and order as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW I. That the Respondent(s) is/are the owners of record of property located at Pt. Of Lot 21, Island of Key Largo, Monroe County, Florida (RE#:OOO90180-000000); 2. That the Respondent(s) was/were duly noticed of this hearing; 3. That a violation of the following Monroe County Code(s) Section(s), as more particularly described along with the corrective action necessary attached hereto in Exhibit " A .., incorporated by reference herein, and made a part hereof as fully as if herein set forth. Therefore it is ORDERED AND ADJUDGED that: Nov U:> uc U.j:.jcp ..JUt=. t"'"H~KHL.l.K 1..D" ..:lU~ e:Cl;:J-e:~;:JO p.e: A. Respondent(s) is/are in violation of the Monroe County Code(s) and are ordered to comply with the provisions of said codes by securing subject property, removing all debris and noxious material and by mowing subject property by November 26m 2001. A status review hearing will be held on December 3rd 2001. All work with regards to compliance must be achieved by April1Sth 2002" A compliance review hearing will be held on April 25th 2002. B. Upon complying, Respondent(s) shall notify the Code Inspector in this case who shall reinspect the property and notify the Code Enforcement Department of compliance. C. Noncompliance by the above date may result in the imposition of a fine, per day, for each day thereafter that Respondent(s) is/are in violation. D. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to appeal, you must do so no later than thirty (30) days from the date of this Order. Failure to timely file a written Notice of Appeal will waive your right to appeal. DONE AND ORDERED at the Monroe County Government Regional Center, Marathon, Florida, this .-t day of November, 2001. STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that on this day before me, an officer duly qualified la lake acknowledgments, personally appeared J. JEFFERSON OVERBY, personally known to me, who executed the foregoing and acknowledged before me that he executed the same. 0 WITNESS my hand and official seal in the County and State last aforesaid this () day of November, 2001. - ~",~Y PVA OFl'ICl"l. NOTARY SEAL O....<n JACOUEUIE UAClAlN It COhIMIS8IC1N NUMBER ... ~ CC8817'93 ..,-> ~ MY COhIMI6SlON EXPIRES OF F\.O OCT. 21 2 Nr,av U~ Uc: U~:~~p ~u~ ~H~~HL1~ ~DU ..:lU;:) CO;:'-C;:);:'O p...:l EXHmIT "A" VIOLATION(S): Count 1: Pursuant to ~8-30(a)(e), Monroe County Code, for the purposes of health, safety and general welfare of the residents of the county.. .lands in subdivisions and outside of subdivisions, including vacant land and/or improved property with residences thereon within the unincorporated area of the county, be cleared of debris and any noxious material, be tbe same, garbage, litter, rubbish, refuse, solid waste, trash or industrial waste and high grass or weeds...; Count 2: Pursuant to ~8-30(b)(e), Monroe County Code, for the purposes of health, safety and general welfare of the residents of platted residential subdivisions in the county, all residential subdivision lots, vacant or occupied, shall be mowed andlor cleared of debris no less than once each three (3) months...; Count 3: Pursuant to ~6-16.2, Monroe County Code Adopted, Standard Unsafe Building Abatement Code - Maintenance: All buildings shall be maintained in a safe and sanitary condition; CORRECTION(S): Count 1: Remove all debris and noxious materiaI(s) from the premises; Count 2: Keep the premises mowed once each three (3) months; Count 3: By either, (1) obtaining a building permit and bringing the unsafe structure III compliance with all current building codes, or (2) obtaining a demolition permit and removing all offending structures, on the subject property" CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE Upper Keys (305)852-7135 I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the Respondent(s) by mail at P.O. Box 404, Key Largo,' 33037, this day of November, 2001. 3 TobinLaw@Terranova.net ANDREW M. TOBIN, PA Attorney at Law Post Office Box 620 Tavernier, Florida 33070 Land Use & Zoning Law Environmental Law Administrative Law Appellate Practice Real Estate Closings Telephone 3~5-852-3388 November 7,2002 Danny Kolhage, Clerk Plantation Key Government Center 88820 Overseas Highway Tavernier, Florida 33070 Re: November 21,2002 BOCC meeting - Barbara Eads Dear Mr. Kolhage: The enclosed letter of November 5, 2002 and attachments have been distributed to the Mayor and Commissioners. Please include the foregoing in the official file of Barbara Eads. Thank you for your cooperation. ~~~~ rnrn~I1 rn~tr ~ tr~ INC. P"O. BOX 9 . ISLAMORADA, FL 33036 . ~~~Q--:,: ';.........-: '"'l!"":....... ",t'i1... ~.' '.,".,1.1 ~,..l.J '_'i_:-:-l;'~ "--':ltj.~'"'.:.."" OiU'(l'.' ;',11U;t~/ i :o'l;::ir,,; ,\;tthorit:r C:".~ ~ .?;~~~-: :..., )()~-;~r (-.~'t{~l" '1':5:; i"u J~Cf'ere:1CR to the ['ow~in': .',~lt:;ority nropert'/ locatccl in ;~(~y Ln';~c, 'l'lln: :0'11'00 C',()unt~,' ('.,cxl1:1i;-;;;icn is intpresteJ in oT'c'ni !lr~ a LJ:)..u:ty ::O:1:lh;:::;iexl office in the :\f}~7 I.nr,"-;o an:rt, I 'l.."11 onclosi!l": ':l :,1:1.' .,,>1 :(";'."i;l:: jour proport:-r in E(~y 1..3.1';:;0, If :'ou will notice :1" '.;:;i1.11 ::)l~(:ti();l on t~l;~ enclosed 'TI8."0 SI1O',;iii::'; a spctio:1 on the 1")ro'")ert:! ti:'"':lt i:, :ivid<:~l 1:1to four (4) s<.."Ctions (trin...'}gle) O:rl ;J::) #1. It is ~.' : l(:li(;: ::1.1:: t']i:; is ~10t nee:kxt h:' the ~rousin("!: "'..'.ltl1oritv 1.1111 i..f you co:..tl,I ,]cmttc s::no or nven bill it. out to the'! Co:mt~T COr1Tl..' we \','i11 ::;~l..\,': Olti.' (":0I17:ty ov(~r '::1,50r),o00 ()r: t:le }mrc.lmso of anothc:' Sit8. 7~is i~; \', T~' 5.1;")()rt2nt an,l your ~"r:e!1cy can sn.vp. us one hpcl~ of a 101: of'o!ley, .~'\ds site will 1:8 on the ~j0P(h t~lis 'I't12sday in Key L.'lr':o, "'0,' "-~::1.1tor I am not tryinr; to n;ot any C0nnis~ion on this ;]r()'")I:~rt~.- . T',i~.; earl ' 1(' cnll,?,"1 'co:;nu:;i t;' s(~rvico' . r~11(~ T"lVl-::.l{~ ",:i 11 l-:(~ \:/E~ll ~'30I'\TP.J i f ~r0'1 c()~llt" T"1r:~..f1(~~ 1U1'V(~ 30""1(; one ill. Y(~l'1r 0ffic.0 ]no'- ~l..t el1c; !\~.\....... '1.'.'it'1 ~:-ilH~C':;t ')P}'SC,11::l1 r0'~f'r~~s, T :.1:-:; '~ 'on "on ~" .~ [B REALTOR ~ 9homaj. .:E. 90uh licensed Real Estate Broker MI.S ~ ~ C'J ^ rn -< r- )> :::0. G) o I ~ te5~ "f:7 5rr~- ~"/<'1{uF { ~ 6., ~~~ C:JO J'~ ~#' 6"" ,..~ ~r;p ~ /f? c~ Q~~ ~'\'\ ~ ~Qf.j (?~ <..,'r'~ .;7e:,'r' <..,'?' ,a..... /.3- Op -' P' <:.Ie, ~ o o [) Ir~'-- " / - -- -- " .. ..;? ~-- ", ""'.. ,A . .... /'. ""'// :..~:.y , f', ' ,~ f,"j " :0:..:..0 , ~ ,- A'. .... (e ,_ f ~(' O'~\""'}- /"" J" / ..o'..:..j ........ .. ....', ~"" t. < "..,et:; .O?o o ~ ~j COMMUNITY POST OFFICE BOX 72 PH: 305-852-5673 ASSOCIATION TAVERNIER, FL 33070 FAX: 305-852-8152 November 18, 2002 Monroe County Board of County Commissioners Re: Purchase of the "Quay" property Island of Key Largo Dear Commissioners: At our general membership meeting of November 17, 2002, a unanimous vote was taken, that, with the following considerations, we support the purchase of the Quay property. 1. The purchase be made cleanly and without encumbering promises [to the seller], specifically, but not limited to, the transfer of square footage. 2. The purchase not be contingent on prtHX>nditional uses, [thereby, if the purchase is successful, it would allow] 3. Fonnation of an [Island-wide] Public Input Committee to guide the use ofthe property through community consensus building. [And finally,] 4. The majority of the Quay property be utilized for public water access and open space. Membership discussion included references to residents request in the MM91-97 Livable CommuniKeys Planning area for additional waterfront property to alleviate pressure on our existing waterfront parks. Additionally, concerns included discussion on moving "some" government offices from Plantation Key, which could cause an interruption of interconnected government agencies. Members also recognized that if we debate all the issues and attempt to reach community consensus prior to purchase, that the property may be lost to a sale in the private sector. An Island wide Public Input Committee would give our members opportunity to express their individual ideas if the county is successful in reaching a purchase agreement.