HomeMy WebLinkAboutHEPB (5274) ResolutionCity of Miami
HEPB Resolution
Enactment Number: HEPB-R-19-004
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5274
Final Action Date:/8/2019
A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD APPROVING WITH CONDITIONS AN APPLICATION FOR
A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS TO A
PROPERTY LOCATED APPROXIMATELY AT 452 NORTHEAST 39 STREET, MIAMI,
FLORIDA 33137, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS THE
WALTER FLANDERS HOUSE; FURTHER INCORPORATING THE ANALYSIS IN
THE ATTACHED HEREIN AS EXHIBIT "A".
Approved, as amended, with the following conditions:
1. The applicant shall obtain all required permits and address any outstanding code
violations.
2. The hedge on the north property line shall be maintained at a height of seven (7')
feet until such time, as if ever, as the seven -foot gate is removed and shall not be
allowed to spread outwards over the sidewalk.
3. The hedges on the east property line shall be maintained at fourteen (14') feet
and on the west property line shall be maintained at nine point five (9.5') feet until such
time, as if ever, as the gate is removed.
4. The applicant will prepare with professional assistance a written hedge
maintenance program, which will be subject to the review and approval of the Historic
Preservation Officer, and which will oblige the applicant to maintain the hedges away
from the sidewalks.
5. The property owner shall undertake regular inspections of the north and south
gables behind the creeping fig to ensure no damage is occurring to the structure. If any
damage is caused by the foliage, it shall be removed and the damage shall be repaired.
6. All barbed, concertina, or razor wire shall be removed.
7. The Resolution shall be included in the master permit set.
8. The Applicant shall comply with all applicable requirements of the Miami 21 Code
and Chapter 17 and Chapter 23 of the City of Miami Code of Ordinances. Further, the
Board directs Preservation Staff to review an application for a Waiver of Miami 21 as it
applies to gate and height limitations in order to allow the existing gates to remain. The
Board is not granting a Waiver because there is no such application before the Board.
9. The Applicant shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal process.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS
DIVISION WITHIN FIFTEEN (15) DAYS
City of Miami Page 1 of 2 File ID: 5274 (Revision:) Printed On: 2/28/2019
Preservation • Icer Date
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, thlaV fen Q1d(71M Preservation Officer of the City of Miami,
Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS'2,AY OF Marc Y 1 , 20'I_l
a'� 1�► a ayrzci IeZ
Print Notary Name
Personally know V or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
ublic State of Florida
My Commission Expires:
SILVIA GONZALEZ
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4" MY COMMISSION # GO 051561
r.r��� o�; EXPIRES: November 30, 2020
',,gF,(,y9�` Bonded Thru Notary Public Underwriters
City of Miami Page 2 of 2 File ID: 5274 (Revision:) Printed On: 2/28/2019
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ANALYSIS FOR A
SPECIAL CERTIFICATE OF APPROPRIATENESS
APPLICANT: Barbara Pittman FILE ID: 5274
PROJECT ADDRESS: 452 NE 39 St. ZIP: 33137
NET OFFICE: Upper Eastside HEARING DATE: 1/8/2019
COMMISSION DISTRICT: District 2 (Ken Russell) TDRs: No
STATUS: Individually Designated
A. GENERAL INFORMATION:
REQUEST: Pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances, as amended, the
Applicant is requesting an after -the -fact Special Certificate of Appropriateness(SCOA) to allow
for alterations and landscaping on a parcel zoned T4-R "General Urban Transect Zone".
The subject property is an individually designated site known as the Walter E. Flanders House
located within the Magnolia Park Subdivision and the Upper Eastside Net Area. The site is located
approximately on the southeast corner of NE 39 Street and NE 5 Avenue.
Folio: 0132190110210
Lot Size: Approximately 12,280 sq. ft.
B. BACKGROUND:
On March 22, 1916, the Magnolia Park Subdivision was platted establishing lot 20 also known as
452 NE 39 Street.
On February 23, 1989 the Miami City Commission, pursuant to Ordinance No. 10552, designated
the subject property located at 452 NE 39 Street also known as "Walter E. Flanders House" as a
Locally Designated Resource.
The property owner has recently been cited for code violations for undertaking work without building
permits and Certificates of Appropriateness (COA) and for failure to maintain hedges.
W. Adams
12/13/2015
Walter Flanders House, 452 NE 39 St. File No. 5274
Page 1 of 7
C. COMPREHENSIVE PLAN:
The subject property is an individually designated historic resource. Pursuant to Goal LU-2, 2,3 and
2,4 of the Miami Neighborhood Comprehensive Plan the City will preserve and protect the heritage
of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration
and public awareness of Miami's historic and archeological resources.
The Applicants request for alterations and landscaping is in accordance with the Comprehensive
Plan, Chapter 23 of the City of Miami Code of Ordinances, the Secretary of Interior Standards, the
Preservation Office Historic Design Guidelines and Miami 21 Code.
D. PHOTOS:
Historic Photograph (East Elevation):
Current Photograph (East Elevation)
W. Adams
12/13/2018
Walter Flanders House, 452 NE 39 St. File No. 5274
Page 2 of 7
Current Photograph (North Elevation)
Current Photograph (West Alley),
E. NEIGHBORHOOD CHARACTERISTICS:
ZONING
Subject Property
T4•R: General Urban Transect Zone
W. Adams
12/13/2018
FUTURE LAND USE DESIGNATION
Medium Density Multi -family Residential
Maximum of 36 D.U. per acre
Walter Flanders House, 452 NE 39 St. File No. 5274
Page 3 of 7
Surrounding Properties
NORTH:
SOUTH:
EAST:
WEST:
F. ANALYSIS:
T4-R; General Urban Transect Zone
T4-R: General Urban Transect Zone
T4-R; General Urban Transect Zone
T4-R: General Urban Transect Zone
Medium Density Multi -family Residential
Maximum of 36 D.U. per acre
Medium Density Multi -family Residential
Maximum of 36 D.U. per acre
Medium Density Multi -family Residential
Maximum of 36 D.U. per acre
Medium Density Multi -family Residential
Maximum of 36 M. per acre
The following is a review of the request pursuant to Section 23-6.2(b)(4) of the City Code of Ordinances,
the Preservation Office Historic Design Guidelines, the Secretary of the Interior's Standards, and Miami
21 Code.
Analysis: The applicant is requesting an after -the -fact Special Certificate of Appropriateness to
permit alterations and landscaping.
W. Adams
12/13/2018
Section 4.2 "Fences, Walls, Gates, and Hedges" (Attachment A) of the Historic District
Design Guidelines state;
"The use of fences, walls, gates and hedges both demarcate the property lines but
also provides security to the property owner. Within a historic district it is important
to make sure the location, material, and height of a fence, wall, gate or hedge is in
keeping with the character of the historic district or property and is compatible with
the existing building style. Installations of fences, walls, and gates that are at the
front property line shall not exceed allowed heights within each district and shall
provide transparency into the fagade of the property',
Further, Figure 4.6 "Residential Historic District Fence, Wall, and Hedge Guideline" provides
the maximum permitted heights of fences, walls, and hedges.
It should be noted Figure 4.6 provides criteria for fences, walls, gates, and hedges in
residential historic districts but does not include criteria for individually designated historic
sites.
Fences, Gates, and Hedges
On the front (north) property line is a five foot (5') chain link fence. The guidelines state chain
link fencing is not allowed; however, this fence has existed prior to the owner purchasing the
property. It is partially obscured by a six foot, six inch (6' 6") high hedge.
Entrance to the property is a via an ornamental metal gate approximately ten feet (10') in
height which is flanked by two approximately six foot, six inch (6' 6") high stucco gate posts.
Walter Flanders House, 452 NE 39 St. File No. 5274
Page 4 of 7
W. Adams
12/13/2018
Figure 4.6 of the Guidelines shows the highest permitted height on the front property line for
fences and hedges is five feet (5') and for gates and piers is five feet, eight inches (5' 8"),
The fence and hedge screen the property from NE 39 Street and a three-story high
residential structure on the opposite side the street.
Along the east property line is a seven foot (7') high fence constructed of approximately five
foot high vertical wooden boards topped with approximately two feet of wooden trellis, There
is also a gate approximately seven feet (7') in height, The fence is obscured by a hedge
which varies in height from approximately eight feet (8') to eleven feet (11'). Figure 4.6 of
the Guidelines permits a maximum fence and hedge height of five feet (5') in front of the
front facade, rising to six feet (6') set back one foot from the front facade, rising to eight feet
(8') setback at least ten feet (10') from the front facade. The permitted gate height in the
current location is five feet, eight inches (5' 8"). The fence and hedge screen the property
from a private walkway and a five -story high multifamily residential structure.
Along the west property line is a four foot (4') high chain link fence, which existed prior to the
owner purchasing the property, behind which is an eight foot (8') high wooden fence
constructed from vertical wooden boards topped with a wooden trellis. The chain Zink fence
is partially obscured and the wooden fence is fully obscured by an approximately nine foot
(9') high hedge. The permitted heights of fences and hedges in this location is the same as
those listed for the east property line. There is also an approximately nine foot (9') high gate
providing vehicular access to the property constructed from approximately five feet (5') of
vertical wooden board topped with approximately four feet (4') of wooden trellis flanked by
gate piers that rise to a height of approximately ten feet (10'). Figure 4.6 allows a maximum
height of eight feet, eight inches (8' 8") for the gate and piers in this location. The fence and
gate screen the property from a public alleyway that is accessible to vehicles and a single-
family residential structure. On previous site visits it was noted there was barbed wire within
the hedge. This should be removed.
Along the rear (south) property line is a seven foot (7') high wooden fence that screens the
property from the neighboring single-family home. Figure 4.6 permits fences up to eight feet
(8') high along the rear property line.
The chain link fences existed prior to the current owner purchasing the property in 2000. No
building permits or COAs could be located for the wooden fences or the gates.
Creeping Fig
Both the front (north) gable and south (rear) gable of the property are covered with creeping
fig. While the Guidelines do not specifically address foliage on structures they state:
"Installations of fences, walls, and gates that are at the front property line shall not
exceed allowed heights within each district and shall provide transparency into the
facade of the property'.
Therefore, although not prohibited, the foliage technically obscures the facade of the
property. Further, foliage on building facades can cause damage to the structure and can
hide any damage that is occurring.
Walter Flanders House, 452 NE 39 St. File No. 5274
Page 5 of 7
Findings: Partially consistent
G. CONCLUSION:
The application is found to be partially in compliance with Chapter23 entitled "Historic Preservation"
of the City of Miami Code of Ordinances but is not in compliance with the Historic District Design
Guidelines Table 4.6 for residential historic districts. The Guidelines state:
"Design Guidelines are to be utilized by all structures that are individually designated within
the City of Miami or located within a designated Historic District'.
However, Section 4.2 of the Guidelines Fences, Walls, Gates, and Hedges provides permitted
heights for these items in historic districts only. While a certain degree of consistency is required
within a historic district this may not necessarily be applicable for an individually designated site with
its own unique characteristics. Although it is clear the fences, gates, hedges, and, debatably, the
foliage on the front gable do not meet the requirements of the Guidelines, a determination must be
made as to whether they are appropriate for this individually designated site.
Staff finds the request partially complies with the applicable criteria and finds that the request for a
Special Certificate of Appropriateness for alterations and landscaping to an individually designated
resource known as the "Walter E. Flanders House" does not adversely affect the historic,
architectural, or aesthetic character or the aesthetic interest or value of the historic resource subject
to the following conditions as stipulated in subsection "H" entitled 'Recommendation" as listed below.
H. RECOMMENDATION:
Pursuant to Section 23-6.2(b)(4) of the City of Miami Code of Ordinances, as amended, the Historic
Design Guidelines, and the Secretary of Interior Standards, the Preservation Office recommends
approval with conditions of the request for a Special Certificate of Appropriateness.
1. The applicant shall obtain all required permits and address any outstanding code violations.
2. The hedge on the front (north) property line shall be maintained at a height of five (5') feet and
shall not be allowed to spread outwards over the sidewalk.
3. The hedges on the east and west property lines shall be maintained at a height of eight feet (8')
and shall not be allowed to spread outwards over the private walkway and alleyway.
4. The property owner shall undertake regular inspections of the north and south gables behind the
creeping fig to ensure no damage is occurring to the structure. If any damage is caused by the
foliage, it shall be removed and the damage shall be repaired.
5. All barbed wire shall be removed.
6. If an opportunity arises, the chain link fencing shall be removed.
7. The Resolution shall be included in the master permit set.
W. Adams Walter Flanders House, 452 NE 39 St. File No. 5274
12/13/2018 Page 6 of 7
8. The Applicant shall comply with all applicable requirements of the Miami 21 Code and Chapter
17 and Chapter 23 of the City of Miami Code of Ordinances,
9. The Applicant shall comply with the requirements of all applicable departments/agencies as part
of the City of Miami building permit submittal process.
W. Adams
12/13/2018
(")
Warren Adams
Preservation Officer
Walter Flanders House, 452 NE 39 St. File No. 5274
Page 7 of 7
Attachment "A"
SECTION 4.2: FENCES, WALLS
FENCES, WALLS, GATES, AND HEDGES
GATES, AND HEDGES
The use of fences, walls, gates and hedges both demarcate
the property lines but also provides security to the
property owner. Within a historic district it is important to
make sure the location, material, and height of a fence,
wall, gate or hedge is in keeping with the character of the
historic district or property and is compatible with the
existing building style. Installations of fences, walls, and
gates that are at the front property line shall not exceed
allowed heights within each district and shall provide
transparency into the facade of the property.
CORNER LOT PROPERTIES: Are considered to have (2) fronts.
The facade containing the front door is the primary facade
and the other is the secondary facade. Homes with a front
entrance on the corner are considered to have (2) primary
facades.
FIGURE 4.4 Gates and fencing in the first layer shall
have at least 60% visibility
MATERIALS
Metal Fencing (color must be
compatible with structure)
Masonry Walls (style and color
must complement the house)
Wood picket fences (natural,
stained, painted a dark color, or
white)
Solid wood, stockade, shadow box,
dog ear or other similar (natural or
stained: no black, grey, or dark
stain)
*Chain link fencing, unfinished
concrete masonry units (CMU),
concrete block, or keystones are not
allowed.
FIGURE 4.5 Gate with at least 60% visibility with
design and color complementary to historic home
Any new fence, wall, gate, or hedge
must also follow all other City Codes
including, but not limited to the
following:
Miami 21. Article 3. General to Zones
Miami 21: Article 5. Specific to Zones
NOTE: There may be specific guidelines for fences, walls, and gates that are applicable to specific historic districts; please
check Section 8: Commercial Historic Districts and Section 9: Residential Commercial Districts for additional information.
City of Miami, Historic Design Guidelines
Section 4.2 - 41
SECTION 4.2: FENCES, WALLS, GATES, AND HEDGES
FIGURE 4.6 Residential Historic District Fence, Wall, and Hedge Guideline
Historic
District
Bayside,
Morningside
Lummus Park,
Riverview
Buena Vista East
Palm Grove
Front of the Property
Fence/Gates
Not Permitted
5'-0"
4'-0"
5'-0"
Wall
Not Permitted
30" for solid wall
30" for solid wall
30" for solid wall
Hedge
Not Permitted
Not Permitted
Not Permitted
Permitted to 5'-0"
Fence, Wall, and Hedge at Side and Rear Property Lines
(If not permitted in front, side fence must begin at least 1'-0" behind the front facade)
Sides
parallel to
facade
6'-0"
6'-0"
6'-0"
6'-0"
Sides
parallel to
facade
(setback at
least 10'-0")
8'-0"
8'-0"
8'-0"
8'-0"
Sides in
front of
facade
Not Permitted
5'-0"
4'-0"
5'-0"
Sides and
Rear
8'-0"
8'-0"
8'-0"
8'-0"
*Gates and gate piers are allowed to extend 8" higher than maximum fence height
Patterns, colors, and materials of the fence, gate, or wall shall be in keeping with the style of the
structure. Horizontal fencing patterns are not allowed.
FIGURES 4.7 and 4.8 Gates with at least 60% visibility with design and color complementary to
historic home
City of Miami, Historic Design Guidelines
Section 4.2 - 42
SECTION 4.2: FENCES, WALLS GATES, AND HEDGES
A CERTIFICATE OF APPROPRIATENESS IS REQUIRED WHEN...
• Installing a new fence, wall, gate, or hedge
• Removing a fence, wall, gate, or hedge
ADMINISTRATIVE APPROVAL IS POSSIBLE WHEN:
• Installing a new fence, wall, gate, or hedge
• Removing a fence, wall, gate, or hedge
HEP BOARD APPROVAL IS REQUIRED FOR:
• Installing a new fence, wall, gate, or hedge that is not in compliance with the historic design
guidelines
• Removing a fence, wall, or gate that is original to the property.
APPLICATION CHECKLIST
Below is a checklist to use when applying for a Certificate of Appropriateness:
ATTACHMENTS REQUIRED:
El SURVEY OF THE PROPERTY
1 ONE SET OF PLANS (NO LARGER THAN 11x17)
El MATERIAL SEPECIFICATION
El PHOTOS OF THE MAIN FACADE, FRONT AND SIDES
O MANUFACTURER'S CUT SHEET, SHOP DRAWING OR PHOTOGRAPHS OF THE
PROPOSED MATERIAL (COLOR)
0 HISTORIC PICTURE IF AVAILABLE
City of Miami, Historic Design Guidelines Section 4.2 -43
City of Miami
HEPB Resolution
Enactment Number: HEPB-R-19.004
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Num 5274 Final Action Date:1/a/2019
A R. OLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERV ON BOARD (THE BOARD) APPROVING WITH CONDITIONS AN
APPLICATI I FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR
ALTERATI ' S TO A PROPERTY LOCATED APPROXIMATELY AT 452
NORTHEAST 39 REET, MIAMI, FLORIDA 33137, A LOCALLY DESIGNATED
HISTORIC SITE AN • NOWN AS THE WALTER FLANDERS HOUSE; FURTHER
INCORPORATING T y NALYSIS IN THE ATTACHED HEREIN AS EXHIBIT "A".
Approved, as amended, wit, e following conditions:
1. The applicant shall obt. f all required permits and address any outstanding code
violations.
2. The hedge on the north pr erty line shall be maintained at a height of seven (7')
feet until such time, as if ever, as t seven -foot gate is removed and shall not be
allowed to spread outwards over the ewalk.
3. The hedges on the east propert 'ne shall be maintained at fourteen (14') feet
and on the west property line shall be m. 'tained at nine point five (9.5') feet until such
time, as if ever, as the gate is removed.
4. The applicant will prepare with profes •nal assistance a written hedge
maintenance program, which will be subject to e review and written approval of the.
Historic Preservation Officer, and which must re ire the applicant to maintain the
hedges away from the sidewalks.
5. The property owner shall undertake regular i .ections of the north and south
gables behind the creeping fig to ensure no damage i' ccurring to the structure. If any
damage is caused by the foliage, it shall be removed a the damage shall be promptly
repaired.
6. All barbed, concertina, or razor wire shall be remove
7, The Resolution shall be included in the master permit -t.
8. The Applicant shall comply with all applicable requireme s of the Miami 21
Code, Chapter 17 and Chapter 23 of the City of Miami Code of • • inances. Further, the
Board directs Preservation Staff to review an application for a Wai of Miami 21 as it
applies to gate and height limitations in order to allow the existing g: 's to remain, The
Board is not granting a Waiver because there is no such application bre the Board
The waiver requires a separate application be filed by the Applicant an •nsidered by
the Board.
9. The Applicant shall comply with the requirements of all applicable
departments/agencies as part of the City of Miami building permit submittal p , ess.
THIS DECISION IS FINAL UNLESS APPROVED IN THE HEARING BOAR
DIVISION WITHIN FIFTEEN (15) DAYS
City of Miami
Page 1 of 2
File 0: 5274 (Revision:) Printed On: 1/29/2019
rvation Officer Date
STATE OF ORIDA )
COUNTY O AMI-DADE )
Personally appe. . before me, the undersigned authority, \1.YJY/C i Preservation Officer of the City of Miami,
Florida, and ackno dges that s/he executed the foregoing Resolution.
SWORN AND SUBS =ED BEFORE ME THIS DAY OF 201_,
Print Notary Name Nbtary Public State of Florida
Personally know or ' +uced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did take an oath
t3EATRIZAGWARE1
Commission# OG 153775
1
41 Expires November 20, 202
"4:iy,f ' Boncledlbril Troy Fnin35wranc9 a44.305.7410
City of Miami
Page 2 of 2
File ID: 5274 (Revision:) Printed On: 1/29/2019