Historic Environmental Preservation Board-Regular Meeting

Historic Environmental Preservation Board-Regular Meeting — December 2, 2025 - 3:03 PM

] >> Raise you right hand. Do you swear or affirm your testimony is the whole truth? Yet. K you. >> Any person who is a lobbyist pursuant to the city code must register with the City Clerk and comply with requirements before appearing before the hep board. A person MAY not lobby until registering. A copy of the code is available at the City Clerk's office or online at www. Munincode. Com. >> Thank you. MR. [Unclear], do we have any changes -- sorry, let's go with a roll call first. In story. Ank you. [Roll call] We do have quorum. DR. Harper requested an absence waiver. >> Move to approve. >> Second. >> All those in favor -- ? Any opposed? Motion passes. We have OCTOBER meeting minutes to approve. Motion to approve or modify? >> Move to approve. >> Second. >> All those in favor -- ? Any opposed? Motion passes. Okay. Do we have any changes to the agenda / >> No changes at this time. >> Wonderful. Monthly updates. >> I have no monthly updates. >> Jump right in. >> Full-blown efficiency today. Before we get into public agenda, a reminder, carrying on from last month, the process to ask questions will have a slight change. We will go in order of seniority based on board appointment. We. T to be recognized, and then you will have the full breadth of time required for your line of questioning. We're ready to proceed. >> As of 3:09, there are no online public comments. MAY we close public comment? >> Yes. >> Thank you. Will read hep 1. 18504. A resolution of the Miami hep board granting or denying the appeal by Lynn Paisley of ued on 10. 28. 25 for the property at 2444 Southwest 21 Street. This is file id 18504. >> Thank you. Is the appellant present? Thank you. I believe the city would be the counter party of this matter? >> [Talking too quietly].. .. Some point. I think -- >> We begin with the city's side? You will have your opportunity after that. >> I'm sorry. Okay. >> Name and address? >> Good afternoon. Karen Stacey from the City of Miami environmental resources department. >> Proceed. >> Shawn Smith, environmental resources coordinator. City Manager. >> The subject property is located within t3r and is under review for a two-story single-family resident construction permit. The applicant seeks to remove several trees due to direct conflict with the footprint and related improvement. As mitigation, the applicant has proposed the installation of 4 new hardwood trees in common with [Can't hear/can't here's one avocado tree on the the adjacent lot whose root system extend on to the proposed footprint. The report recommended root pruning to prevent construction-related damage. Staff verified this recommendation and determined this is appropriate and necessary. There are 2 specimen trees. Based on staff inspection and arborist findings, these trees are not directly impacted and to be preserved in accordance with chapter 17. A protection bond is required. A site inspection was conducted. Verifying the arborist report. Staff found the information was consistent with the city's requirement under chapter 17. Supporting documents include the development plans, l-01 and l. 02 plan, showing trees and improvements as well as arborists reports. Staff recommendation is that the appeal is deny and the intended decision be upheld. The permit as approved complied with requirements of chapter 17 by providing adequate mitigation, preserving specimen trees, and requiring root pruning and bonding measures for protection. >> Thank you very much. MADAM? >> At some point, it woujdl be ice if Hector could put up my screen. >> Name and address? >> Lynn Paisley. 2452 Southwest 21 Street. I am a native Miamian. I have been a teacher for 43 years. I live down the street from here in Shenandoah. I love my neighborhood. The city's job reimagining Shenandoah Park is nothing short of awesome. I wish every neighborhood had such a welcoming, well-used spot in their neighborhood. The underline is within blocks of us, a triump of design, will, and government working for the people inspired by Meg Daley. Something is rotation in paradise. The character of our historic neighborhoods is being gnarled away one lot at a time by developers with zero rewspct for the character, aesthetic, and scale. They want to cover every lot with as much concrete as they can legally pour to sell to the highest bidder buildings that look like bunkers. They walk away with the cash. We are left holding the bag. What's in the bag? Adjacent are now peered down on by plate glass or blank concrete walls as close as allowable and as high as permitted. This stops water's naturally oods. Breezes cannot blow through concrete. Trees are now felled to make way for this progress. The city and county officials agree on need for more tree cover storm water, wildlife, and to contribute to community wellbeing. They make it easy for developers to remove 30-year-old mangos when they don't suit builders. Required replacements MAY or MAY not be in the neighborhood. In my experience, they don't grow back quickly and bett3er. I am concerned with the state of the trees and the 30-foot-tall avocado that will be root pruned. The report says root pruning is not ideal. If that tree sickens and dies, who bares the replacement cost? Worse, if that tree. Is weakened, it can come down in a hurricane on my side. Who pays for that? They will be cutting back branches. Those hang over their lot. The weight distributes towards me. I am concerned with a tree on the swale. According today's notes will not be touched. If you look at the plans, the driveway goes straight through the swale. What is the plan for that? Have they been changing the driveway? I want to quote Joanie Mitchell who said, "You take paradise and you put up a concrete block. " What can we do about this? I want to show you some photos if you're interested. I need our tech person. I'm having technical difficulties. I apologize. Okay. All right, Thank you. Thank you very much. All right, this is what Shenandoah looks like. This is not on my street this s is across the street at 1746 Southwest 21 Terrace. Trees, houses, in keeping with the design of the neighborhood, design language that's clear to anybody who lives there -- this is the property they built across the street. This is what I fear in terms of construction. I cannot h Look at the house next door and on the other start date. Imagine living directly beside that home. Here's a better view of what it looks like to the neighbors. [Unclear] Already owns multiple properties around my neighborhood. They're all in the process of development. One is almost finished, the other is an empty lot and you have 2444 which is still standing. There are many companies just the same. The code for environmental impact is not sufficient to allay the fears of homeowners who see neighborhoods being destroyed. This is the street view. 2444 is really densely vegetated. The mango is on the back corer of the lot. The palm tree is within feet of the back fence, so it is within the five-foot area that's not to be developed. My house, if you're looking at the screen, is to the left. It's a 1925 house. It's one of the oldest in the neighborhood. This is the kind of vegetation that Miami 21 and other organizations ask for in terms of heat problems and everything else Miami will face down the line. All those trees provide habitat. I'm a tropical Audubon ambassador. There are Blue jays, mockingbirds, you name it. That's their home as well. This is the plans for 2444 Southwest 21st Street that i purchased from the city in AUGUST. There's the driveway that goes directly across this tree that's to the left. The largest tree is not in the way, apparently, of the driveway they proposed to build. I don't know how they can build a driveway around the one that's to the left of it. In my opinion there is a better way. If we look at places like Shenandoah, that library is a modern construction and it looks very much in keeping with what we want for our city. It doesn't look like a bunker. It has elegant lines, it uses construction materials that are native to Miami. It uses the landscape to enhance the design. The same thing with the area around the pool. It doesn't have to be this way, and I would ask you again, what is it that we can do about this? This is from MR. Campbell, I took a look at your Instagram account, apparently there are other ways of going about it as well, as shown here by this modern construction. >> Thank you. Is that all you have? >> That's all I've got for you, unless you have questions or me. . >> Perhaps. We'll see if any members of the public wish to speak on this item. Are there any members of the public who wish to speak on this item? Okay. Please begin with your name and address before you start with your commentary. >> I have to acknowledge I have a conflict of interest. I know the applicant. Kathleen Paisley, 345 Redwood Lane, Key Biscayne. I'd like to stress from my perspective as a lawyer and Miamian for 66 years, which is terrifying, is if we look at what's happened to Key Biscayne it is an example of what happens when zoning totally breaks down. They build almost lot line to lot line. Each of the older houses has totally succumbed to the other houses. It is very difficult to live there; therefore, most people who lived there originally don't live there anymore. The one thing I would say with respect to technicalities, in doing your job you're very limited. I looked at the rules before they got permission for the house. If it's in code you can't do anything. The code doesn't reflect what these houses are doing to the neighborhood. These are beautiful 1920, 1925, 1930, 1935 homes that keep up the neighborhood of Shenandoah as a beautiful place. And, the people who are building new homes can build them in a way that's consistent with that vision but they're not required to. What you can do is follow the lines, follow the rules on trees. That is within your discretion. You have a lot more discretion. If all you're doing is rubber stamping everything, who is going to protect these neighborhoods? Who's going to make it so when my children and grandchildren are grown up they're going to want to live in Shenandoah and not leave like people leave Key Biscayne because of big homes? I understand you have discretion and could say it's just plants. The point is, once you look at the totality of the decision, and the totality of the decision is that a house that looks essentially like a concrete block is going to ruin that whole block. The next one is going to ruin the block next to that and next to that. It's pretty much now or never. What happened to Key Biscayne 30 years ago is happening to Shenandoah now. I urge you to use your discretion to disallow the decision by the environmental board. I know they're doing their job but in this case we should be more limiting. >> Thank you. Is anyone else from the public wishing to speak on the item? Seeing none, the public commentary section is closed. I will open it to the board for questions. We'll begin with Member Trachtenberg. If you don't have a question yet and wish to kick the can down the road we will come back. Just to keep some decorum as we go through questioning we'll follow the structure. Jordan, it's yours. >> If we go by seniority it would be Hugh. >> He was reappointed. >> True. I will take it, then. I am going to ask a quick question about the proposed design. Do we have, beside the one plan, what's being proposed? It's kind of hard. == Can you please speak into the m. C? >> I'm sorry, I'll go back to the plan. >> You had an electrical plan. >> I have the tree placement. >> I'm more curious about- >> The new structure. >> The statement about imposition. I'm more curious about the statement about what the design is doing. It's hard to tell with just the plans. >> Yeah, that's why I looked at the other properties. >> There's somebody in the back, through the chair. >> You can approach. >> All I have is the plans. >> [Unclear.] >> Please go to the microphone, state your name and address. >> My name is Raul Rojas, the owner of the property. [Unclear] Rendering of the property to you to see it better, what we are proposing in the area. We are keeping it that way in the existing location, the existing approach, [Unclear.] >> I think the best way to go since you're not part of the proceedings, if they have questions they'll direct them to you. >> That's fine. >> We appreciate that. Jordan? >> I'm going to look at this and then I'll pass. >> We'll move to MR. Chris Collie. >> Hello, everybody. How are you guys doing? Thanks a lot, MISS Paisley. A couple of quick questions. Very detailed, thorough analysis by city staff in the presentation. Thanks very much, and same to you MISS Paisley. There's a lot of information here. From a quick glance, and I'm a landscape architect and arborist, because this is an appeal to a tree decision from the environmental resources department. It looks like three items are proposed for removal. Mango tree, palm tree, a couple smaller items. I guess the main point of contention is the mango tree. >> The mango tree-line is the st being removed. I don't understand why they need to remove the palm tree. I don't understand how that interferes with construction. >> Sure. These plans are, like a lot of landscape and tree disposition plans, it's hard to interpret what's going on. It seems that the large tree in the front right-of-way is proposed to stay. It looks like a big tree on the neighboring property has to be pruned to make sure it doesn't get damaged. I understand there MAY be some palm trees proposed for removal, and then there's the mango tree. The catch here is that, and I understand your point one hundred percent, about the architecture, everything else, and the changing character of the neighborhood. From my perspective, what we're looking at is the particular issue with regards to whether the tree permit should be upheld. >> I understand. >> I know from personal experience how thorough the city is in their reviews. I think that the long and short of it here is that that large mango tree in the back falls within their legally buildable footprint. Even though in theory it would be wonderful if every tree can be maintained everything, I just don't know in a scenario like this where it's a very small property if it's okay to prevent them from developing the property because of that tree. And then, the comments about the zoning code and what's allowable, I think would be more applicable at a different board or hearing because we're here for the environmental purpose of this. We have no architecture plans to review. I understand your point, I just, your point must be that it would be a major environmental detriment to remove the tree in the back. i don't know that there's grounds to appeal the city's decision based on the information presented. >> What's the mitigation? I we're talking about a mango tree with a trunk about this big around there's 30 feet high, it's a 30 year old tree. I know the age of the tree. It's a big tree. If you're planting something like this, four of them, it doesn't equal. Those trees died. The city came and took out a live oak from the swale in front of my house and replaced it within something that promptly died and they never came back to replace it in spite of the fact that I appealed for them to do so. They drew arrows on the sidewalk and still have not arrived with the tree. Small trees are not hardy and people have to take care of them. [Unclear. ] >> I understand. If it was a public park, we would have a different perspective on it. My thoughts, I MAY have a few more questions but I'm trying to get to the bottom of what's going on here. Again, in summary, from my understanding it looks like a lot of the canopy on the frontage of the property all remains. I know that's complicated to do. They made that attempt. I want to be clear that it's not proposed for clear cutting the right-of-way in that area that would have a major impact to your community. Thank you for the amazing presentation and the passion. Those are my only questions. >> As an arborist, I have to ask about root pruning the avocado. This is a huge tree. They will have to cut back branches that grows over the neighboring property. It keeps the tree balanced. And you're going to cut a root that's from that side as well. What happens if something happens? >> Those are very good points, and that's why common trees on property lines are very complicated. I think that from watching this occur over years I think that tree will be fine. All these trees are asymmetrical. All our trees are survivors because they're growing on a rock, basically. It's a great point. I think it's a good point but I think legally you have the right to trim some of the vegetation that's over the fence line anyhow as a homeowner. >> I understand that completely. I'm not arguing with that. I'm saying that in. The event the tree has to be root pruned to make room for construction, those are large trees but they're not adjacent to a house. This is adjacent to my house and if it falls a certain way it is going to fall on my house. The trees in the swale will not fall on anyone's house. The specimen tree they're leaving is also not likely to fall on anyone's house. >> So, that tree is on your property? >> The avocado is fully on my property. It is not straddling the property line. Its. S fully on my property. >> I understand. That brings up a good point, maybe a question for the environmental resources department. What does it mean if someone else's tree grows on your property and prevents you volume ilding in developable area? It's a valid concern but your tree is encroaching on their property. >> The roots of my tree. >> This is tricky. They're proposing to do their best to cut one root. I'm curious what city staff's point of view is on that. >> The root you're speaking of is 16 feet away from the property line. It's running towards the rear of the lot and the root that's being pruned is four inches in diameter. It won't cause the tree to be destabilized to where it would fail and fall on anyone's property, in accordance with the arborist report from the site visit. >> I don't want to take anyone's time but I'm relying on the city's expertise in reviewing the information to make sure a situation like that isn't created. >> From their lips to GOD's ears. >> Thank you again. >> Thank you. >> Thank you. MR. Trachtenberg, do you have anything? >> I'm going to hold of. >> Then MR. Ryan, the floor is yours. >> I share MR. Collie's thoughts on this. I live in Shenandoah. I have forever. I plant trees on all my properties I have there. My family has been there a long time. My biggest fear living there in a completely renovated 1914 house is that-I win the old house award-is that in comes a big sugar cube that blocks out the sun, totally out of scale, right next to my property. The thing is, a lot of people doing this have the right and that's what we're up against. I don't think the tree ordinance is the weapon. Just Miami 21 is built like that and that's so unfortunate for the scale of our neighborhoods because every square inch is being built because- >> They can. >> They have the money and they can. People that invest decades and decades into their neighborhoods are the ones that are going to be put out because they have to look at a racketball wall next to the house. There's nothing to do unless it changes in city commission. It took like eight years to make Miami 21. I don't know but I know we're not rubber stampers, so that was kind of-we don't do that. We have our own minds. We're also bound by the rules and we can't just do something because emotionally, like I'm talking here, I want the old house to be preserved. It's not a historic district. It's an old house. Which my house is not in a hi toric district. The houses built in 1914, j >> I'm not going to tell you where to live. That's it. So, you know, I don't know what to say. I kind of agree with MR. Collie. We can go by the rules which is mitigation for the trees they are taking out. >> How can we make this bett4er? We don't want a city that's being degraded. MR. [Unclear], you can do something to make this better. I guess you can sell the house and let the people who buy it deal with the whatever. Why not keep the aesthetics of the neighborhood? There are other houses that are built in ways to keep with aesthetics of the neighborhood. They do not have to look like something that is completely out of keeping with what we have and what people desire. Obviously not the people who will buy your 2-million-dollar house, but most people. >> When the Grove was an issue of knocking down -- it is pointless to round and round. What I said was, "Market value is determining this. " There's nothing you can do. Unless the city's [Unclear] Make a change. This board, we have to go by the rules. >> I didn't mean to be pejorative. What I meant to say was -- so, the city comes, and the city -- I am sure they don't mean any harm, but they have a report. MR. Collie says, "We will refer to their report because they know what they are doing. " You said that 3 times. If we defer to the city, then it really is -- there's no where for the people to go even with respect to maintaining the plans If you assume the mango is okay because it's too far in the backyard -- we don't want to prohibit them from a pool. What about the other plans such as cutting n-back the ots? All I am asking -- with respect to these decisions, you have some authority. I ask you to look carefully before deferring to the city report. >> Thank you for clarifying. We have done many cases in the Grove where we talked to the architect about working around the tree. We don't have a set of plans or not approve. It's private property. Someone else's private property. If they abide by the rules and we have the root from your tree and what an arborist says -- that's a four-inch root that needs to be pruned. I assume there will be a perimeter construction based on that tree being there. That's all we can decide on here. I mean, I -- what I do is fix up old houses as a contractor. With my own sort of redevelopment. Not everyone wants to do that. Not everyone has the patience or the money. It's what people do. I understand where you're coming from, but we don't have -- if we override and make an emotional decision, it will be erased when it goes up to the city. >> Thank you. Julie? >> Um -- unc. Lear]. >> You went? >> Yeah, 1901. Feel for you. We have to go by the rules. Nobody wants to look at a racquetball court. You can have your house designated and have control over what you own, not what someone else owns. I have an historically designated house. That's the only way the previous owners could keep it. In current conditions. >> I hope that -- >> I am on the corner of Main Hwy and Douglass. It's a very busy intersection. That's the only thing that is keeping our house where it is. >> I feel a lot of sympathy from this board, but [Talking to a will here to see change happen. I wish, you know, that we -- it seems like we just accept this a just the way Miami is. We have been doing that for all of my Lakifue. Eautiful things have happen. Meg Daley did a great thing. Shenandoah Park is a great place. You know? >> The only thing within the board's purview are the trees. I know everybody wishes for an architectural review. If you wish for that, you can explore designating your own property or working with your neighbors. This is quasi-judicial, and the board's purview is for the trees. >> I spoke with Ralph Rosado about designation. He said there's a designation below historical designation. >> We have neighborhood conservation districts. We have a large agenda with a lot of business. You're happy to get our cards and talk to us about options. If we can say on topics, thanks. >> MR. Nk you. >> Thank you.