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Home My WebLink AboutR-96-00779J-95-1006(b) 11/29/95 RESOLUTION NO. 9 77 A RESOLUTION DENYING THE APPEAL, OF CLAUDE= NELSON AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIROMMgTAL PRESERVATION BOARD, WHICH DENIED -AN AFTER -THE -FACT CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A CARPORT IN THE FRONT YARD OF THE PROPERTY LOCATED AT 91-93 NORTHEAST 42M STREET, WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT, MIAMI, FLORIDA. WHEREAS, the Historic and Environmental Preservation Board (HEPB) at its meeting of October 17, 1995, following an advertised public hearing, adopted Resolution No. HEPB-95-50, which denied an after -the -fact Certificate of Appropriateness for the construction of a carport in the front yard of the property located at 91-93 Northeast 42nd Street, Miamti; 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 Claudette Nelson, owner of the property, on the grounds stated in her Notice of Appeal, filed November 1, 1995; and 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 do not justify a reversal of the decision of the Historic and Environmental Preservation Board; NOK, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MUM, FLORIDA: COMMISSSIoK MEETM(; of JAN 2 5 1995 Resolution no. i J 6 - 77 r Section 1. The recitals and findings contained 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 affirms the decision of the Historic and Envirormntal Preservation Board (Resolution No. HEPB-95-50, adopted October 17, 1995), which denied an after -the -fact Certificate of Appropriateness, for the construction of a carport in the front yard of the property located at 91-93 Northeast 42nd Street, Miami, Florida, and denies the appeal giving rise to this hearing. Section 3. This Resolution shall become effective imyediately upon its adoption. PASSED AND ADOPTED this 25th day of January , 1995. ATTEST.- TER , CITY CLERK PREPARED ANA APPROVED BY CITY ATTORNEY -2- APPROVED AS TO FORM AND %v ill/�� -.• W 96- 77 [i CITY OF MIAMI, FLORIDA - P7,w2 INTER -OFFICE MEMORANDUM Honorable Mayor and Members NOV 2 8 1995 To ` of the City Commission DATE : FILE Appeal of Decision of the SUBJECT : Historic and Environmental Preservation Board: 91-93 N.E. 42nd Street FROM : Cesa 0 REFERENCES: City, er Agenda Item: ENCLOSURES: City Commission Agenda December 7, 1995 RECOMMENDATION: It is respectfully recommended that the City Commission deny the appeal of. Claudette Nelson and affirm the decision of the Historic and Environmental Preservation Board, which denied an after -the -fact Certificate of Appropriateness for the construction of a carport in the front yard of the property located at 91-93 N.E. 42nd Street, located within the Buena Vista East Historic District, per the attached resolution. BACKGROUND: Please refer to the attached memorandum from the Preservation Officer concerning this appeal. Attachment 9 6 - 77 [i 0 f CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Jack Luft November 22, 1995 TO Director, Department of Community Planning FILE and Revitalization Appeal of Decision of the sua,ECT: Historic and Environmental aitZ�� Preservation Board: 91-93 N.E. 42nd Street FROM : rah E. REFERENCES: Preservation Officer Agenda Item: ENCLOSURES: City Commission Agenda December 7, 1995 RECOMMENDATION: It is respectfully recommended that the City Commission deny the appeal of Claudette Nelson and affirm the decision of the Historic and Environmental Preservation Board, which denied an after -the -fact Certificate of Appropriateness for the construction of a carport in the front yard of the property located at 91-93 N.E. 42nd Street, located within the Buena Vista East Historic District, per the attached resolution. BACKGROUND: Ms. Nelson, the owner of the subject property, constructed a carport in her front yard without obtaining either a building permit or Certificate of Appropriateness. The Little Haiti NET Service Center subsequently issued a Notice -of Violation to the owner. On October 2, 1995, Ms. Nelson applied for an after -the -fact Certificate of Appropriateness for the construction of the carport. This application was considered by the Historic and Environmental Preservation Board on October 17, 1995 and was denied unanimously. The Historic and Environmental Preservation Board has carefully reviewed the appropriateness of carports in historic districts and has adopted guidelines that prohibit carports in the front yards of these properties. The Board has determined that carports are not a historic feature of these neighborhoods and, in fact, detract from their historic and architectural character. Carports tend to dominate the front yards of properties in a space that traditionally has remained free of structures and often block the view of the house from the street. The Board has consistently denied all applications for carports. An additional problem with this particular application is that the location of the carport violates the setback requirements of the Zoning Ordinance, which calls for a 5' setback from the side property line. The subject carport is virtually on the side property line. A variance would be required to keep the carport in its current location. 96- 3 77 li r N A 0-4 004, , �oe- Acl� oel- a440000, r RESOLUTION HEPB-95-50 A RESOLUTION DENYING A CERTIFICATE OF APPROPRIATENESS, AFTER -THE -FACT, FOR CONSTRUCTION OF A CARPORT IN THE FRONT YARD OF THE PROPERTY LOCATED AT 91-93 N.E. 42ND STREET, WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT, AFTER FINDING THAT THE CARPORT IS INCONSISTENT WITH BOTH THE SECRETARY OF THE INTERIOR'S "STANDARDS FOR REHABILITATION" AND THE GUIDELINES ESTABLISHED BY THE BOARD; AND IS NOT COMPATIBLE WITH THE HISTORIC AND ARCHITECTURAL CHARACTER OF THE BUENA VISTA EAST HISTORIC DISTRICT BECAUSE IT DOMINATES THE FRONT YARD OF THE SUBJECT PROPERTY IN A SPACE THAT TRADITIONALLY HAS REMAINED FREE OF STRUCTURES. PASSED AND ADOPTED THIS 17TH DAY OF OCTOBER, 1995. CHAIRMAN ' 9 6- r x APPLICATION FOR CERTIFICATE OF APPROPRIATENESS Historic Preservation District } Evaluation Sheet Name of Property: Buena Vista East Historic District Address: 91-93 NE 42 Street Project Description: Application 'for a Certificate of Appropriateness for construction of a carport, after -the -fact. Analysis: The subject carport was installed on the southeast corner of the property without a building permit or Certificate of Appropriateness. Although the Board has not addressed the issue of carports in Buena Vista East, the Board has prohibited the construction of carports in Morningside. Carports generally are not compatible with the architectural character of historic districts because they tend to dominate the front yards of properties in a space that traditionally has remained free of structures. Staff Recommendation: The Preservation Officer recommends that the application for a Certificate of Appropriateness be denied because the carport does not comply with the Secretary of the Interior's "Standards for Rehabilitation" and is inconsistent with the historic and architectural character of the Buena Vista East Historic District. Staff further recommends that• the carport be removed within 90 days. Buena Vista East Historic District 91-93 NE 42 Street October 17, 1995 am f 77, r r APPLICATICA FOR CERTIFICATE OF APPROPRIATENESS ALTERATIONS, NEW CONSTRUCTION NAME OF HISTORIC SITE/HISTORIC DISTRICT AnnOPCC nP PPn PFPTY /f3 / V.1167/ �eA s/ / OWNER'S TELEPHONE APPLICANT'S NAME (IF NOT OWNER) RELATIONSHIP TO OWNER n n# HERITAGE CONSERVATION BOARD MATERIALS SUBMITTED WITH APPLICATION MINOR ALTERATIONS MAJOR ALTERATIONS SIGNS ❑ EXHIBIT NO. 1 ❑ EXHIBIT NO. I ❑ EXHItiiT NO. I ❑ EXHIBIT NO. 2 ❑ EXHIBIT NO. 2 ❑ EXHIBIT NO. 2 �] EXHIBIT NO. 3 ❑ EXHIBIT NO. 3 ❑ EXHIBIT NO. 3 '❑ EXHIBIT NO. 4 ❑ EXHIBIT NO. 4 ❑ EXHIBIT NO. 4 ❑ EXHIBIT NO. 5 ❑ EXHIBIT NO. s ❑ EXHIBIT NO. 6 ❑ EXHIBIT NO. 7 ❑ EXHIBIT NO. s DETAILED DESCRIPTION OF REHABILITATION WORK PROVIDE AN OVERALL DESCRIPTION OF PROJECT. DESCRIBE THE NATURE AND SPECIFIC LOCATION OF ALL PROPOSED IMPROVEMENTS OR CHANGES TO THE PROPERTY. USE ADDITIONAL PAGE IF NECESSARY. t s 0� 96- 7'7 Isea/,? REASONS FOR PROPOSED IMPROVEMLNTS OR CHANGES PROFESSIONAL ADVISERS LIST THE NAME AND FIR11 OF SUCH PROFESSIONAL ADVISERS AS ARCHITECT, ENGINEER, LANDSCAPE ARCHITECT, CONTRACTOR, AND PRESERVATION CONSULTANT. NAME/FIRM ADDRESS TELEPHONE NAME/FIRM ADDRESS TELEPHONE NAME/FIRM ADDRESS TELEPHONE NAME/FIRM ADDRESS TELEPHONE NAME/FIRM ADDRESS TELEPHONE EXPECTED SCHEDULE I CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF TEAT ALL IfIFORMATICN IN THIS APPLICATION AND ITS ATTACHMENTS IS TRUE AND CORRECT. 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