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HomeMy WebLinkAboutR-97-0260J-97-133(b) 3/27/97 RESOLUTION NO. 9 7 W 260 A RESOLUTION GRANTING, WITH CONDITIONS, THE APPEAL OF STEVEN POLAKOFF AND MICHAEL CARVER AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A 5' METAL FENCE WITH POSTS AND A GATE AT THE END OF NORTHEAST 57th STREET (ACROSS BLOCK F), FOR THE PROPERTY LOCATED AT 759 NORTHEAST 57th STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA. WHEREAS, the Historic and Environmental Preservation Board (HEPB) at its meeting of December 9, 1996, following an advertised public hearing, adopted Resolution No. HEPB 96-33, which denied a Certificate of Appropriateness for the construction of a 5' metal fence with posts and a gate at the end of Northeast 57th Street (across Block F), for the property located at 759 Northeast 57th Street, within the Morningside Historic District, Miami, Florida; and WHEREAS, pursuant to Section 23.1-5 (b) (4) (e) of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by Steven Polakoff and Michael Carver, owners of the property located at 759 Northeast 57th Street, Miami, Florida, on the grounds stated in their Notice of Appeal, filed December 24, 1996; and :CITY COMMISSION MEETING OF MAR 2 7 1997 Resolution No. 9'7- 260 WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof justify reversing the decision of the Historic and Environmental Preservation Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby reverses the decision of the Historic and Environmental Preservation Board and grants the appeal giving rise to this hearing with the following conditions: a. The two (2) proposed CBS columns at the North and South ends of the proposed fence shall be constructed as proposed; b. The two (2) proposed CBS columns intended to support the gate located in the center of the proposed fence shall be instead constructed of wrought iron and designed with four posts connected with a see -through wrought iron decorative motif; C. The fence and gate shall be constructed of wrought iron, and shall be five (5) feet in height as per plans submitted; d. That portion of the existing hedge, located along the West property line of Block F at the East end of N.E. 57th Street, shall be removed and relocated to Morningside Park by the Applicant; - 2- 97� 260 F e. The Applicant shall remove the existing Oleander hedge on Block F and shall maintain Block F free of overgrown plantings; and f. This Resolution shall have no effect on any previous covenants restricting the use of Block F. i Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of March 1997• JO CAROLLO, MAYOR ATTEST: l' i WALTER�; Foy CITY CLERK PREPAREDi APPROVED BY: K. ASS STANT CITY ATTORNEY A ROVED AS TO FORM AND CORRECTNESS: A./QS,- III CITY ATTO Y W1462:W .BSS - 3 - 9 7- 260 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM PZ-22 To : Honorable Mayor and Members DATE ; March 17, 1997 FILE of the City Commission SUBJECT : Appeal of Decision of the Historic and Environmental Preservation Board:- FROM Ed quez REFERENCES : 759 N.E..S7'" Street City Manager ENCLOSURES:Agenda Item: City Commission Agenda i RECOMMENDATION: It is respectfully recommended that the City Commission grant the appeal of Steven Polakoff and Michael Carver, with the following conditions, and reverse the decision of the Historic and Environmental Preservation Board, which denied a Certificate of Appropriateness for the construction of a 5' fence with gate along the west property line at the east end of N.E. 57`J` Street, within the Morningside Historic District: 1. Modify the height of the proposed fence from 5' to 4-1/2'in height. 2. Replace the proposed CBS posts with slender metal posts not to exceed 6" in width (subject to compliance with the South Florida Building Code) unless a structural engineering report is submitted and approved which confirms that a wider post is necessary to support the proposed gates. 3. Remove and/or relocate that portion of the existing hedge which is located along the west property line of Lot F at the east end of N.E. 57" Street. The applicant has agreed to relocate that portion of the hedge which is within the public right- of-way to Morningside Park; the applicant shall also remove the existing Oleander hedge and maintain the waterfront area clear of overgrown plantings. 4. The existing covenant on the property, which requires City Commission approval for any future development activity on Lot F at the east end of N.E. 57' Street, shall stand. This covenant does not permit the construction of any structure, such as a gazebo or boat davit, or planting any hedges that would block any views, without the review and approval of the City Commission. BACKGROUND: Applications for fences for the subject property have been heard by the City Commission on several occasions during the last three years. This appeal involves only the lot at the 97- 260 L east end -of N.E. 57'h Street, often referred to as. the boathouse lof, and a proposal to construct a fence to enclose this property. The Preservation Officer has determined that the fence proposed by the appellant is consistent with the historic and architectural character of the bayfront lots in the Morningside Historic District in terms of size, scale, design, materials, color, and texture (see attached Fact Sheet). She has further determined that an exception to the Board's guidelines for walls and fences is warranted for the reasons stated in the Fact Sheet. The conditions proposed in the above stated recommendation, however, would act as a compromise between the neighbors' desire to preserve a view corridor and the City's desire to permit the property owners to enclose their lot. Attachment L 2 97-- 260 - -, GflEENBEGG A T T 0 R N E V S A T L A W Adrienne Friesner-Pardo I fl fl fl fl I G 305-579-0683 December 24, 1996 HAND DELIVERY Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue Miami, FL 33131 Re: Appeal of HEP Board Decision Dear Teresita: On behalf of Steven Polakoff and Michael Carver (the "Applicants"), we are filing this letter of appeal of the HEP Board decision of December 9, 1996. The Applicants filed an.application with the HEP Board which requested approval of a Certificate of Appropriateness for the construction of a five (5) foot fence with gate along the west property line at the east end of Northeast 571h Street. The HEP Board denied the application without basing its decision on substantial competent evidence. The application received a recommendation of approval from City of Miami staff and at the hearing, the Applicants presented expert testimony by Bernard Zyscovich, AIA, who is an architect who specializes in historic buildings and districts. Mr. Zyscovich testified that it would. not be detrimental to the historic character of the neighborhood if the fence was constructed. The neighbors of Momingside did not present any competent testimony as to why the fence should not be erected. Please advise as to when this item will be scheduled for City Commission review. Please call if you have any questions. Very truly yours, L ci oughe4y _ cc: Mr. Steven Polakoff Ms. Sarah Eaton GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P.A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAx 305-579-0717 MIAMI NEW YORK WASHINGTON, D.C. FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE ORLANDO 97- 260-3 RESOLUTION NO. HEPB-96-33 A RESOLUTION DENYING AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A 5' FENCE WITH GATE ALONG THE WEST PROPERTY LINE AT THE EAST END OF NE 57TM STREET FOR THE PROPERTY LOCATED AT 759 NE 57TM STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, BECAUSE THE PROPOSED FENCE DOES NOT COMPLY WITH THE GUIDELINES FOR FENCES AND WALLS. PASSED AND ADOPTED THIS 9TH DAY OF. DECEMBER, 1996. A4A,W-z PRtSERVATION OFFICER CHAIRMAN 57- 260 5 APPLICATION-1,1-:013 CERTIFICATE OF APPROPRIATENESS ALTERATIONS, NEW CONSTRUCTION HERITAGE CONSFt1'MITIDN 60AAD NAME OF HISTORIC SITE/HISTORIC DISTRICT (J1 f \) 1 �) :-�(. /) (') L I ADDRESS OF PRtjr,ERTY UWNLR `: NAM::-, OWNERS ADDRESS-- S- OWNC;. S TCi.Er—RnN[ �- _-- APPLICANT'S NARIC (IF NOT OWNER) RELATIONSHIP TO OWNER MATERIALS SUBMITTED KITH APPLICATION MINOR ALTERATIONS MAJOR ALTERATIONS SIGNS ❑ EXHIBIT NO. I ❑ EXHIBIT N0. 1 ❑ E*'Ih1T NO. I ❑ EXHIBIT NO. I ❑ EXHIBIT No. z ❑ FXHIBII Nil. 2 ❑ EXHIBIT N0. 3 ❑ FXHTHtT NO. a ❑ EX1,11I8IT NO. 3 ❑ EXHIBIT NO. 4 ❑ EXIII3IT NO. 4 ❑ EXHIBIT NO. 4 ❑ FXHIBIT NU. 5 ❑ EXHIBIT N0. 5 ❑ EXHIBIT NC. 6 ❑ EXHIBIT N0. 7 ❑ EXHIBIT m0. 8 DETAILED DESCRIPTION OF REHABILITATION WORK PROVIDE AN OVERALL DESCRIPTION OF PROJECT. DESCRIBE THE NATURE AND SPECIFIC LOCATION OF ALL PROPOSED IMPROVENENTS OR CHAUGL5 TO THE PROPERTY. USE ADDITIONAL PAGE IF NECESSARY. 97- 2liA� L REASONS FOR PROPOSED IMPROVEMENTS ...- CHANGES PROFESSIONAL ADVISERS LIST THE NAME AND FIRI( OF SUCH PROFESSIONAL ADVISERS AS ARCHITECT. ENGINEER. LANDSCAPE ARCHITECT. CONTRACTOR. AND PRESERVATION CONSVLTANT. NAME/FIRM ADDRESS TELCpmnNt NAME/FIRd ADDRESS TELEPHONE NAME/FIRM ADORGSS TFI FPKnNE EXPECTED SCHEDULE I CERTIFY TO THE BEST OF MY WOHLEDGE AND'BELIEF THAT AL ItFORNATICM IN THIS APPLICATION AND ITS ATTACHMENTS IS TRUE {%AND 0 RECT. C4Cu�T1OF �7F Mf7711�FRYT f1YNFR� � DATe SIGNATURE OF APPLICANT (IF OTHER THAN OWNER) DATE FOR STAFF USE O[ILYr APPLICATION NO. OATE RECEIVED STArr RCVICIO FINAL ACTION 13 STANDARD CA HEARING DATE FINAL ACTION ® SPECIAL CA 9 97- 26( HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FACT SHEET NAME Morningside Historic District ADDRESS 759 NE 57'4 Street PROJECT DESCRIPTION Application for Certificate of Appropriateness for the construction of a 5' fence with gate along the .west property- line at the east end of NE 571h Street. ANALYSIS The Board's current guidelines for the Mlomingside Historic District do not allow walls or fences between the sidewalk and the front facade of a house. These guidelines, however, do allow exceptions if. the proposal is historically appropriate or if unique circumstances can be demonstrated. Unlike the inland lots in Momingside, the bayfront lots historically have been enclosed with walls, fences, or hedges. Two of the oldest houses at 5925 and 5945 North Bayshore Drive have walls which likely date to the 1920s. The majority of houses built in the 1950s and 1960s were enclosed shortly after construction. Other fences and hedges were added many years prior to the designation of the historic district. These enclosures help to define the character of this portion of the historic district. The subject property'is unique in that the small lot at the end of NE 57"' Street, often referred to as boathouse lot, is located in front of the main house lot, not parallel with or adjacent to it. In effect, it functions as a side yard. Built in 1925, this property is one of the many properties which historically have been at least partially enclosed. The boathouse lot has been enclosed by a hedge, a portion of which remains to this day. The proposed wrought iron fence would provide more openness than a hedge. It was the above stated reasons that persuaded the Board to approve a wrought iron fence in the same location in 1994. The Board voiced no objections to that particular fence, only to the location of the fence proposed for the area adjacent to the house. The Board found that a wrought iron fence at the end of NE 571 Street was appropriate to the character of the historic district. The fence for the area adjacent to the house has since been approved by the City Commission following an appeal. At the time of the appeal, the owners offered to proffer a covenant that would require any development on the boathouse lot to be approved by the City Commission. Therefore, a decision by the Board to approve the fence would also require City Commission approval. Item #7 December 9, 1996 L RECOMMENDATION If the Board amends the guidelines for walls and fences in - Momingside as recommended in Item #2 above, the Preservation Officer recommends that the Board apply said amended guidelines to this application. If the Board does not amend the guidelines, the Preservation Officer recommends that the Board grant an exception to said guidelines for the reasons stated above. It is therefore recommended that the application for. a Certificate of Appropriateness be approved because the proposed fence is consistent with the historic and architectural character of the bayfront lots in Momingside in terms of size, scale, design, materials, color, and texture, and complies with the Secretary of the Interior's "Standards for Rehabilitation," as stated above. Item #7 December 9, 1996 to 97- 260 OWNER'S LIST ` Owner's Name �YlZ.✓ e /1 ��t lL{5.(- t Mailing Address Id,m ) Telephone Number —7 e Legal Description: s�5 rill n n elOwner's Name - / Mailing Address ►yy- cv,-62 -- Telephone Number -S &'lrq— Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address N Or1 Q , Legal Description Street Address Street Address L Legal Description Legal Description 97- 260 I' y - AFFIDAVIT STATE OF FLORIDA'} } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Sb�-Jcn 21-AKbEE, who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of*the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages i attached to this affidavit and made a part thereof. 4 2. That all owners which he represents, if any, have given their full and complete permission for his to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made 'a part of this affidavit contain the current names, wiling addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. TheJacts as represented in the application and doe ts submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. (SEAL) (Name) Sworn to and Subscribed before me f this day of 4�' 1977 Mary Public, State of Florida at Large Commission Expires: ,t,RT t• GLORIA HIIRCADES COMMISSION # CC 495M EXPIRES SEP 14, 19% ��� ATL,,Nnc NG Cmim- SONOW L J' "7- 260 /3 7 DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property:'.,��� ri 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miam �u Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question i2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. art— �vry L v �,� Sit � • 3. Legal description and street address of any real property (a) owned by any party listed in answer to question i2, and (b) located within 375 feet of the subject real property. c OWNER OR ATTORNEY FOR STATE OF FLORIDA } SS: COUNTY OF DAD�E1 } TEU f. w► oi�Q�DY to being duly sworn, deposes and says that he is the (Please Print} (Owmr) er) of the real property described in answer to question pl above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney for owner) that he has authority to execute the disclosure of Ownership form on behalf of the owner. (SEAL) Signature of Owner or -Attorney i* Owner SWORN TO AND SUBSCRIBED �) before me this�A day of 19L7, Notary Public, State of Florida at Large MY COMMISSION EXPIRES: 10F GLORIA HURCAMS COMMISSION # CC 4958W EXPIRES SEP 14,1999'04� SONDED THRU ATLANTIC BONDING GO., INC. 97- 260 / 5 I AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared who being by -me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, i submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for his to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. ~ 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,'phone nudars and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. 1 Further Affiant sayeth not. 2 ��I, , . 0 (SEAL) (Name) % 'J r Sworn to and Subscribed before me this i day of btary Public, State of Florida at Large My Commission Expires: GLORIA HURCADES CO MMISSION # GC 495888 fff EXPIRES SEP 14, 1999 2 6 O '�esc�0 BON090 THRU DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property r 1 tl NO A- -A C.-U J�— �'�--- 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 *squires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or Petition to the City Commission. Accordingly, Question 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested l- parties, together with their addresses and proportionate interest. '9n v Lv'�� z. r 3. Legal description tstreet address of any real property (a) owned by any party listed in answer to question 12, and (b) located within 375 feet of the subject real property. 1 OWNER OR ATTONEY AOR OWER STATE OF FLORIDA } SS: COUNTY OF DADE } �1 1 cJ1\ Wa Ca- r )Q- r , being duly sworn, deposes and says that he is the (Please Print) (Owner) ( ) of the real property described in answer to question f1 above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney for owner) that he has authority to execute the disclosure of Ownership form on behalf of thi�oiiner. P. . (SEAL) Signature of Own r or A torney for Owner SWORN TO AND SUBSCRIBED before me. this�� ,. day of uG r 19zz. Notary Public, State of Florida at Large MY COMMISSION EXPIRES: ��Y �° GLORIA NURCADES ,, COMMISSION # CC 4V5ggg ♦ EXPIRES SEP 14, 1W9 0'�� ATLAIVTID iONpwW GG:, INC. L 97- 260/? 1996-97 OFFICERS PRESIDENT Herb Soso - RS' V Cr En•d C Pinkney SECOND VICE PRESIDENT Penny Lambeth TREASURER William P. Murphy SECRETARY Jane A. Caporelli PAST PRESIDENT Notch K. Schaefer TRUSTEES Marian Dean Mark S. Greene David E. Kaiata Don MacCullough Thomas Mooney George T. Neary Rachel Perkins Parsons Margaret Pelton Jeanette Poole Donald J. Sackrider Shu Sampson EXECUTIVE DIRECTOR Becky Roper Matkov L Kk OEP'. _ 96 HOV 18 AN E: 4 7 'trig;;:I DADE I -I E RITAG £ TRUST November 13, 1996 City of Miami Historic and Environmental Preservation Board Department of Community Planning and Revitalization 444 SW 2nd Avenue 3rd Floor Miami, FL 33130 Dear HEP Board Members, Dade Heritage Trust, Dade County's largest historic preservation organization, has long advocated the preservation of a sense of place and community in Miami's historic neighborhoods. The historic design and architectural character of these areas not only create an attractive environment for residents who live there, but also enhance the overall fabric of the city as a whole. In response to concern expressed to Dade Heritage Trust about a proposal before the HEP Board which could have long term implications for the scenic and historic texture of the Morningside Historic District, we wish to voice our support for preserving the Bayshore Historic District as one district, with equal guidelines applicable to all. Thank you very much. Sincerely, Becky Roper Matkov Executive Director 1 .;ecric Preservation Center: 190 Southeast Twelfth Terrace. Miami, Florida 33131 • Phone (305) 358.9572 1 Fax (305) 358.1 162 97= 260 December 3, 199E HBF Board Member 444 S. W. 2nd Ave. Miami, Florida 33130 Dear Sire I am writing this letter as a Morningside resident who is very concerned about the items that were on the agenda for November 19th. These items were not addressed because there was not a quorum. Many, many residents spent hours waiting in the chambers. I am asking that you make a special effort to attend the meeting called for December 9th. If there is no quorum at that date, these petitions will be automatically granted. Several petitions regarding the placement of walls in front of the houses on North Bayshore Drive will be presented at that meeting. The neighborhood is requesting the opportunity to speak against these petitions and to ask that you deny the proposal to divide the Morningside Historic District in two, whereby the bayfront properties would be treated differently than the rest of the area. We are sure that you are aware that if a precedent is set for one property, any subsequent request of a similar nature has to be granted. This is fair. Therefore, the Morningside residents ask that you continue to treat all of the properties in our historic district equally and that the majority not be discriminated against for a favored few. Sincerely, 141C OHAr"L NdVA S`S'7� krE o I I MlAAt.t t-L 31T1 3 -7 Yt-%-1 4 1NAL—L e-o tip i a-Z I A LI'CR.(� i Wt tit_ Go ?.J S 10 8- '1— A P4 (Lb\(.. F PNZMICC) b .,,J ?D /SLAT I'-C( AA-fQ AN j o 64 OSi'a/LaC,t L G� Z �`T NA^i J i —' 260 P . u i! • .�.�r,J �1�r?..t , National Trust for Historic Preservation !l December 6, 1996 Ms. Sarah Eaton City of Miami Department of Community Planning and Revitalization 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 RE: Bay Shore Historic District Dear Ms. Eaton: The Southern.Regional Office of the National Trust for Historic Preservation has been made aware of an issue concerning the granting of permits to construct a privacy wall in Morningside—specifically in a bayfront location that is listed on the National Register of Mstoric Places. We recognize that this question is a matter for local government, but the National Trust has been contacted by members and constituents who are concerned that the issuance of such permits will erode the character of this historic district. Therefore, in the interest of protecting the architectural and historical integrity of the entire Bayshore Historic District, the National Trust voices its support for preserving, intact, the neighborhood as it stands today. The historic setting could be negatively affected by a decision to allow a privacy wall. If the resulting changes are dramatic enough to substantially compromise the character of the district, this could trigger a review of the National Register listing. This would, then, pose questions for the Florida Bureau of Historic Preservation and, ultimately, the National Park Service to address. It seeress unlikely that the City of Miami would want to jeopardize the designation of an area that so recently (1992) has been listed. I trust that the City of Miami will carefully listen to all sides of this issue before making a decision, and that the preservation of the district will receive paramount consideration. If you have any questions regarding this letter, please call me in Charleston. S inc fir, n w Daniel G. Carey/ Senior Program Asso We cc: Becky Matkov, Dade Heritage Trust Barbara Mattick, FL Bureau of 9storic Preservation Southern Regional Office 456 Kind; Street Charleston, S.C. 21h03 (80a1 722•8552 / FAX i80.i1 722-86S2 National Office: 17,4i atilassachusctts Avenue, N.W. Washington, D.C. 20036 ;202? 6-1 3-4000 �V y7- TO: Historic and Environmental Board, c)o Sarah Eaton ` FROM: Barbara Matticic, Florida Division of Historical Resources, Bureau of Historic Preservation DATE: December 9, 1996 RE: Proposed fences/walls in the Bayshore (Moraingside) Historic District We have been asked to provide an opinion concerning the potential impact the installation of fences or walls by owners of properties along the bay side of Bayshore Drive. would have on the National Register listing of the above named district. Since April 1994, when this issue was first raised, it has been our position that any decisions concerning walls or fences should consider the importance of maintaining the public's view of the bay because the view is an essential aspect of the historic setting of the district. Sarah Eaton has described the proposed walls/fences on the two contributing properties in question as being either entirely ofwrought iron or a combination of a how, concrete wall (2-2 and a half feet tall) with the reanaining part being of wrought iron (for a total of S feet in height). It is our opinion that such fences JhwMfigft would be in keeping.with the setting and would be sensitive to the need to maintain a public view of the bay. It does not appear that such barriers, therefore, would jeopardize the National Register listing of the district. We understand that local ordinances prohibit the use of such barriers in the district as a whole. It is entirely a local issue as to whether variances to this ordinance should be offered to one part of the district and not to another. j 97— 266 a i L