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File ID: 5543
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE
APPEAL FILED BY GEOFFREY BASH ("APPELLANT") AND AFFIRMING
THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-
6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR ALTERATIONS TO A PROPERTY LOCATED
APPROXIMATELY AT 452 NORTHEAST 39 STREET, MIAMI, FLORIDA,
A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS THE
WALTER FLANDERS HOUSE WITH THE FOLIO NUMBER 01-3219-011-
0210.
LOCATION: Approximately 452 NE 39 St [Commissioner Ken Russell — District 2]
APPELLANT(S): Geoffrey Bash
APPLICANT(S): Ben Fernandez, Esq., on behalf of Barbara Pittman
PURPOSE: Appeal's the HEPB decision approving certain alterations and landscaping
on an individually designated site known as the Walter E. Flanders House located within
the Magnolia Park Subdivision and the Upper Eastside Net Area.
FINDING(S):
PRESERVATION OFFICE: Recommended approval with conditions.
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the SCOA,
with conditions, on January 8, 2019 by a vote of 10-0.
City of Miami
Legislation
Resolution
Enactment Number: R-19-0133
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5543 Final Action Date:3/28/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED
BY GEOFFREY BASH ("APPELLANT") AND AFFIRMING THE DECISION OF THE
MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL,
PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS FOR ALTERATIONS TO A PROPERTY LOCATED
APPROXIMATELY AT 452 NORTHEAST 39 STREET, MIAMI, FLORIDA, A LOCALLY
DESIGNATED HISTORIC SITE AND KNOWN AS THE WALTER FLANDERS HOUSE
WITH THE FOLIO NUMBER 01-3219-011-0210.
WHEREAS, on January 8, 2019, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.6, pursuant to Section
23-6.2(b)(4) of the Code of the City of Miami, Florida, as amended ("City Code"), of the
application for a Special Certificate of Appropriateness for alterations to a property located
approximately at 452 Northeast 39 Street, Miami, Florida, a locally designated historic site and
known as the Walter Flanders House with the folio number 01-3219-011-0210, and adopted
Resolution No. HEPB-R-19-004 by a vote of ten to zero (10-0) approving the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City
Code, applications for Special Certificates of Appropriateness are processed in accordance with
the procedures set forth for Special Certificates of Appropriateness; and
WHEREAS, on February 12, 2019, Geoffrey Bash ("Appellant"), filed an appeal to the
City Commission pursuant to Section 23-6.2(e) of the City Code; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to affirm the decision of the HEPB approving the
application for a Special Certificate of Appropriateness for alterations to a property located
approximately at 452 Northeast 39 Street, Miami, Florida, a locally designated historic site and
known as the Walter Flanders House with the folio number 01-3219-011-0210, pursuant to
Section 23-6.2(b)(4) of the City Code; and
WHEREAS, for the reasons stated on the record, at the public hearing on March 28,
2019, the City Commission denies the appeal and affirms the adoption of Resolution No. HEPB-
R-19-004 as it pertains to the appeal of this property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission denies the appeal and affirms the decision of the
HEPB as set forth in Resolution No. HEPB-R-19-004 and grants the application for a Special
Certificate of Appropriateness for alterations to a property located approximately at 452
Northeast 39 Street, Miami, Florida, a locally designated historic site and known as the Walter
Flanders House with the folio number 01-3219-011-0210.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.1
APPROVED AS TO FORM AND CORRECTNESS:
ndez, 3/14/2019
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.