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Home My WebLink AboutR-94-0217J-94-241(a) 3/24/94 RESOLUTION NO. yL 217 A RESOLUTION UPHOLDING AN APPEAL AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED AN APPLICATION FOR A CERTIFICATE OF APPROVAL FOR THE CONSTRUCTION OF A CHAIN LINK FENCE, AFTER -THE -FACT, AT 3370 ROYAL ROAD, MIAMI, FLORIDA, LOCATED ALONG THE MAIN HIGHWAY SCENIC TRANSPORTATION CORRIDOR. WHEREAS, the Historic and Environmental Preservation Board (HEPB) at its meeting of February 15, 1994, following an advertised public hearing adopted Resolution No. HEPB 94-1 by a seven to zero (7-0) vote, DENYING an application for a Certificate of Approval for the construction of a chain link fence, after -the -fact, at 3370 Royal Road, Miami, Florida, located along the Main Highway Scenic Transportation Corridor; i i and WHEREAS, pursuant to Section 17-15(b) of the Code of the ! City of Miami, Florida, an appeal to the City Commission from i said denial of an application for a Certificate of Approval has 1 been taken by Charles D. McCormick, et al., owner of the property located at 3370 Royal Road, Miami, Florida, on the grounds that the Historic and Environmental Preservation Board failed to follow the law, failed to follow the evidence, and ruled contrary CITY COM ES.S101F MEETING OF MAR ? 4 1994 Resolution No. 94- 217 to the fact that the law permits the construction of a fence as requested by the applicant; and WHEREAS, the City Commission after careful consideration of this matter and the facts presented finds no merit in appellant's objections to the actions of the Historic and Environmental Preservation Board, but finds that unique circumstances exist in this case that would permit the construction of a chain link fence due to the fact that a wire fence was previously located I here prior to Hurricane Andrew, and therefore, upholds the appeal subject to the appellant providing landscaping to ensure that foliage will cover the fence; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated here as if fully set forth in this Section. Section 2. The City Commission hereby reverses the i decision of the Historic and Environmental Preservation Board (Resolution No. HEPB 94-1, adopted February 15, 1994) denying an application for a Certificate of Approval for the construction of a chain link fence, after-the-faot, at 3370 Royal Road, Miami, Florida, located along the Main Highway Scenic Transportation Corridor, and upholds the appeal giving rise to this hearing. -2- °A- 217 M1 J-94-241(a) 3/24/94 RESOLUTION NO. t)4 - 21.'7 A RESOLUTION UPHOLDING AN APPEAL AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED AN APPLICATION FOR A CERTIFICATE OF APPROVAL FOR THE CONSTRUCTION OF A CHAIN LINK FENCE, AFTER -THE -FACT, AT 3370 ROYAL ROAD, MIAMI, FLORIDA, LOCATED ALONG THE MAIN HIGHWAY SCENIC TRANSPORTATION CORRIDOR. WHEREAS, the Historic and Environmental Preservation Board (HEPB) at its meeting of February 15, 1994, following an advertised public hearing adopted Resolution No. HEPB 94-1 by a seven to zero (7-0) vote, DENYING an application for a Certificate of Approval for the construction of a chain link fence, after -the -fact, at 3370 Royal Road, Miami, Florida, located along the Main Highway Scenic Transportation Corridor; and WHEREAS, pursuant to Section 17-15(b) of the Code of the City of Miami, Florida, an appeal to the City Commission from said denial of an application for a Certificate of Approval has been taken by Charles D. McCormick, et al., owner of the property located at 3370 Royal Road, Miami, Florida, on the grounds that the Historic and Environmental Preservation Board failed to follow the law, failed to follow the evidence, and ruled contrary CITY CO OUSSIO,N MEETING OF MAR ) 4 1994 Resolution No, 004— 217 Section 3. This Resolution immediately upon its adoption. PASSED AND ADOPTED this 24th ATT T !L - MATTY HIRAI City Clerk PREPARED AND APPROVED BY: - "- -- R JULIE 0. BRU Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: A. QUXhN J II City .Atto LKK/JOB/p`b/cm/M4207 shall become effective day of March , 1994. STEP EN P. CLARKJ, MAYOR -3- 4- 21 7 APPEAL OF THE Historic and Environmental Preservation Board DENIAL OF THE APPLICATION FOR CERTIFICATE OF APPROVAL Environmental Preservation District APPELLANT: Jack R. Rice, Jr. P. 0. Box 351027 Miami, FL 33135-1027 PROJECT ADDRESS: 3370 Royal Road PROJECT DESCRIPTION: Application for a Certificate of Approval for construction of a chain link fence, after -the -fact, along the Main Highway Scenic Transportation Corridor. ANALYSIS: The applicant is proposing to retain a chain link fence along Main Highway that was installed without either a Certificate of Approval or building permit. At issue is the chain link installed on top of the coral rock wall, as well as the 6' L-shaped section of chain link at the corner of the property at Royal Road. Although a fence had previously been located here prior to the hurricane, the new fence is completely different in character. The previous fence was a "historic" wire fence constructed of a very fine gauge wire with large square or rectangular openings. A chain link fence, by contrast, is very heavy in character and is not consistent with the character of the Main Highway Scenic Transportation Corridor. No chain link fences have ever been approved by the Board along this corridor. Although landscaping may tend to obscure the fence over time, there is no way to guarantee that said landscaping would not be removed by a future owner. (The section of fence along Royal Road is within an Environmental Preservation District, but outside the Scenic Transportation Corridor. As no trees were affected by its construction, this section of fence was approved after -the -fact.) STAFF RECOMMENDATION: Denial of Appeal The Planning, Building and Zoning Department recommends that the appeal of the HEP Board's denial of an application for a Certificate of Approval be denied because the chain link fence is completely out of character with the Main Highway Scenic Transportation Corridor. The Department further recommends that the decision of the HEP Board as contained in Resolution No. HEPB-94-1 be affirmed. The applicant is encouraged to submit a new application for a wrought iron or other appropriate fence. HEPB: Denial of Application, 7 - 0 Vote. DATE: February 15, 1994 3370 Royal Road _ 2 ,� March 24, 1994 Jacx R. RicE, J ATTORNEY AT LAW AREA CODE 305 .- MAILING ADDRESS: 643-0240 642-0360 P.O. BOX 351027 . " MIAMI, FI.GBIDA (3(31015 - LOs2i LOCATION: February 23, 1994 2424 N. W. FIRST STREET a 1 Hearing Board Division Planning and Zoning Department Historic and Environmental Preservation Board 275 N.W. 2nd Street - Room #226 Miami, Florida 33128 Attention: Sarah Eaton Planner II Re: Appeal of Board's denial for Certificate of Approval for construction of a chain link fence after -the -fact along Main Highways Scenic Transportation Corridor at 3370 Royal Road and finding this type of fence is completely out of character with the Main Highway Scenic Transportation Corridor, requiring that said fence be removed within 60 days as contained in Resolution HEPB-94-1. Dear Members of the Board: Please be advised that I represent Charles D. McCormick, et al., who owns the property at 3370.Royal Road, Miami, Florida 33133. This appeal is from the decision of the Hearing Board Division, Planning and Zoning Department, Historic and Environmental Preservation Board, as set forth in the Board's Resolution HEPB-94-1, in which the Board denied Charles D. McCormick, et al. a Certificate of Approval for construction of an after -the -fact chain link fence. This appeal is taken to the Commission of the City of Miami as the Board failed to follow the law, failed to follow the evidence, and ruled contrary to the fact that the law permits the construction of a fence as requested by the applicant, and'as authorized by Section 908.8 as contained in the Planning and Zoning Ordinance 11000, being the zoning ordinance of the City of Miami and as further authorized.by the Legislative Acts Laws of Florida 1974, Chapter 74-400. That the Board failed to establish a legal basis for the denial of the relief sought by the applicant Charles D. McCormick, et al. k] 94- 217 Hearing Board Division Attention: Sarah Eaton -2- February 23, 1994 The Preservation Officer (Clerk of the Board) is hereby directed to forward all exhibits, evidence and transcripts of testimony to the Commission of the City of Miami at the time this matter is to be considered. It is requested that I be informed as to the time, date and place in which this appeal will be heard before the Commission of the City of Miami. I am enclosing herewith my personal check in the amount of �R v-va 0.2 s 0 for the payment of the fee required as a condition of taking this appeal. Your prompt attention to this matter would be appreciated. Very truly yours, ��ack R. Rice, Jr. `J Attorney for Charles D. McCormick, et al. cc: C.D. McCormick (1) Hearing Board Division (1) Sarah Eaton, Preservation Officer HAND -DELIVERED this 23rd day of February, 1994. N 94- 217 4 t%Ah u ® MAIN nl4an ww•-•a ----- -- — TRANSPORTATION CORRIDOR RESOLUTION HEPB-94-1 A RESOLUTION DENYING AN APPLICATION FOR A CERTIFICATE OF APPROVAL FOR THE CONSTRUCTION OF A CHAIN LINK FENCE, AFTER -THE -FACT, ALONG THE MAIN HIGHWAY SCENIC TRANSPORTATION CORRIDOR AT 3370 ROYAL ROAD, AFTER FINDING THAT THIS TYPE OF FENCE IS COMPLETELY OUT OF CHARACTER WITH THE MAIN HIGHWAY SCENIC TRANSPORTATION CORRIDOR AND THAT CHAIN LINK FENCES HAVE NEVER BEEN APPROVED BY THE BOARD ALONG THIS SCENIC CORRIDOR; FURTHER REQUIRING THAT SAID FENCE BE REMOVED WITHIN 60 DAYS, BUT ENCOURAGING THE APPLICANT TO SUBMIT A NEW APPLICATION FOR A WROUGHT IRON OR OTHER APPROPRIATE FENCE; FURTHER APPROVING THE SECTION OF THE CHAIN LINK FENCE ALONG ROYAL ROAD OUTSIDE THE BOUNDARIES OF THE SCENIC TRANSPORTATION CORRIDOR AND PERMITTING THIS SECTION TO REMAIN. PASSED AND ADOPTED THIS 15TH DAY OF FEBRUARY, 1994. PRESERVATION OFFICER CHAIRMAN 94- 217 APPLICATION FOR 9:5-If CERTIFICATE QWMMM '„. . OF APPROVAL � w� ENVIRONMENTAL. PRESERVATION DISTRICT ADDRESS OF on, MERTY 33�$ Royal Road, Coconut Grove, Miami, Florida 33133 LEGAL DESCRIPTIONA parcel of land bounded as follows: On the Southwesterly side by the Northeasterly boundary of Tract A, WANTON HEIGHTS,,according to the plat thereof recorded in Plat Book "B" at Page 52, of the Public Records of Dade County, Florida. On the Northwesterly side by Main Highway (cont'd below) EPD NO. ZONING CLASSIFICATION Residential OWNERS NAME Charles Deering McCormick OWNER'S ADDRESS 3370 Royal Road, Coconut Grove, Miami, Florida 33133 OWNER'S TELEPHONE (305) 444-7774 APPLICANT'S NAME (IF OTHER THAN OWNER) APPLICANT'S ADDRESS APPLICANT'S TELEPHONE APPLICANT'S RELATIONSHIP TO 04NER DESCRIBE THE PROPOSED PROJECT Replace the B foot fence damaged or destroyed by Hurricane Andrew on August 24, 1992, along the property line of Royal Road from the Bay to where it connects with the stone wall on Main Highway, being approxi- mately 1,527 feet in length; and replacement of the 3 foot high chain link fence along the top of the stone wall on the west property line running parallel to Main Highway as shown on the survey, being 231± feet in length. This wall and fence on top thereof has been located on the property prior to 1925. GIVE REASONS FOR REMOVAL OF TREES OR ALTERATION OF ANY OTHER NATURAL FEATURES OF THE SITE N LEGAL DESCRIPTION (Continued) On the Northeasterly side by the Southwesterly boundary.of Royal Road as shown on plat entitled THE ROYAL GARDENS, according to the plat thereof recorded in Plat Book 20, at Page 3, of the Public Records of Dade County, Florida. On the Southeasterly side by low water mark on Biscayne Bay: All containing approximately 10.5 acres more or less. !'J 94- 217 EXPLAIN ANY OTHER SPECIAL APPROVAL AEOUIRED TO UNDERTAKE THIS PROJEC SUCH AS SPCCIAL PERMITS, SPECIAL EXCEPTION, VARIANCE, ZONING CHANGE, ETC. Hurricane Andrew destroyed the existing fences as shown on the survey and the fence located upon the stone wall on Main Highway. A new 8 foot fence replaced the damaged fence along Royal Road to where the property line connects to the stone wall on Main Highway; a new 3 foot fence was replaced on the top of the stone wall. An after the fact permit is requested. LIST ALL EXISTING TREES PROPOSED TO BE DESTROYED, INCLUDING NUMBER, NAME, TRUNK DIAMETER, APPROX- IMATE HEIGHT AND SPREAD. IF THE TREE IS PROPOSED TO BE DESTROYED FOR A REASON OTHER THAN INTER- FERENCE WITH NEW CONSTRUCTION, PLEASE NOTE. Non -applicable LIST ALL EXISTING TREES PROPOSED TO BE RELOCATED, INCLUDING NUMBER, NAME, TRUCK DIAMETER, APPROX- IMATE HEIGHT AND SPREAD. Non -applicable LIST ALL NEW TREES PROPOSED TO BE PLANTED ON THE SITE, INCLUDING NUMBER, NAME, TRUCK DIAMETER, APPROXIMATE HEIGHT AND SPREAD. LIST OTHER SIGNIFICANT PROPOSED LANDSCAPE IMPROVEMENTS. Non -applicable CERTIFY TO THE BEST OF"MY KNOWLEDGE AND BELIEF THAT ALL INPOPHATION IN THIS A=PLICATIOt4 AND ITS ATTACHMENTS ARE TRUE AND CORRECT. November 28, 1993 IGNATUR OF P-R07ERTY OW ER DATE SIGNATURE OF APPLICANT (IF OTHER THAN OWNER) DATE FOR STAFF USE ONLYt DATE COMPLETED APPLICATION RECEIVED ❑ STANDARD CERTIFICATE OF APPROVAL SITE INSPECTION 4--- HEARING DATE I aSPECIAL CERTIFICATE OF APPROVAL =TNAL ACTION ' s- ~V •a - y..:y' y ...ems,: ... � eg7��i - • � ati •— 'lam.}.. No. 1 November 30, 1993 3370 Royal Road, Miami, FL 33133 A view of the 3 foot high fence to the entrance of Carrollton School located at 3645 Main Highway where it connects to the fence located upon the stone wall of applicant's property on Main Highway. 11 �4- 217 t •�; ' a r 'rt � _ _ � `' ,J �r� Nam..' C � �..t: �.• '• '- fir. �;� ar .=�- jf �• �. !f ; t `• � w .`� �-. _ tic •.y. 77 3.. MOM- ' No. 3 November 30, 1993 3370 Royal Road, Miami, FL 33133 Fence from the Royal Road property line to where it connects to the stone wall on Main Highway 13 94- 217 No. 4 November 28, 1993 3370 Royal Road, Miami, FL 33133 View from approximately 70 feet from Main Highway showing the fence installation on the property on Royal Road, going east to the Bay. 14 94- 217 No. 5 November 30, 1993 3370 Royal Road, Miami, FL 33133 A view of the fence looking West from the Bay. W.J 93 4 - 217 No. 6 November 30, 1993 3370 Royal Road, Miami, FL 33133 A view of the fence looking towards the Bay. 16 94- 217 i e �!r No. 7 November 30, 1993 3370 Royal. Road, Miami, FL 33133 A view of the fence heading towards Main Highway on Royal Road. 17 94- 217