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HomeMy WebLinkAboutSubmittal-Matthew McConnell-Appeal of Resolution HEPB R-19-004• • APPEAL OF RESOLUTION HEPB-R-19-004 On Behalf of Geoffrey Bash, 448 NE 39 Street, Miami, FL 33137 MATTHEW MCCONNELL Attorney at Law DICKMAN LAW FIRM 809 Walkerbilt Road, Suite 7 Naples, FL 34110 T: (239) 434-0840 F: (239) 434-0940 matthew(a dicknuuilm tirm.org \Vk‘.diekmanlatirm.org Naples — Miami — St. Petersburg Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 115.510-5q6A\ - Mi\keW K_Conm,\\ - Nrk\ 16,\q‘;,4\ ookt 1 • • TABLE OF CONTENTS Geoffrey Bash CITY OF MIAMI COMMISSION/HEPB APPEAL MARCH 28, 2019 NO. DOCUMENTS 1 Notice of Appeal/Signed Resolution HEPB-R-19-004 2 Code Enforcement Meeting 12/6/18 - Fact Sheet for 452 NE 39 Street 3 Code Enforcement Meeting 12/6/18 — Minutes for 452 NE 39 Street 4 Sec. 23-6.3, City of Miami Code of Ordinances 5 Walter Flanders Historical Designation Report 6 Barbara Pittman Application for Special Certificate of Appropriateness 7 HEPB Staff Report 8 Sec. 23-1, City of Miami Code of Ordinances 9 Applicable Historical Design Guidelines A. Visibility B. Height 10 Sec. 23-6.2, City of Miami Code of Ordinances 11 Citizen Letters 12 Survey and Updated Survey 13 North Bayshore Drive A. Magnolia Plat B. Magnolia Zoomed C. Picture D. Encroachment 14 Chain Link Fence/Shed ("Rooming House") Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk • • 12FEB2019 Hearing Boards Office City of Miami Olga Zamora - Director of Hearing Boards Warren Adams - Planning Department Dear Ms Zamora & Mr. Adams Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Neighbors and I respectfully wish to exercise our right to appeal the decisions of the Historic Preservation Board SCOA application resolution number HEPB-R-19-004. The HEP Board made decisions based on an erroneous survey. Nova Surveyor's Inc immediately responded to the discrepancies by sending a team to re -survey the site on 10JAN19 and made significant corrections to the original survey conducted 03NOV18. Owner Robert lbarra of Nova Surveyor's Inc, advises that the subject property owner refuses to accept the 10JAN19 revision to the original erroneous survey and refuses to submit a certified copy to the Hearing Boards office for the City of Miami. The Planning department's own review of the surrounding property is not accurate. Measurements of existing conditions are not accurate. The property is in violation of significant code compliance violations not related to Historic Preservation and should be addressed in advance of any further Historic Preservation Waivers or special considerations. Respectfully, Geoffrey Bash Abutting Property owner 448 NE 39th St Miami, FL 33137 M: 305.401.9001 • OW mg MC 111010 MINI ANIS — NM OM Mit MS EIS. UM MI MN NOTICE OF PUBLIC _ARING Notice to the Public. Subject Property Owner{s} and Owners of Real Estate within 500 Fect Submitted into the public A public hearing will be held before the CITY COMMISSION as follows: record for item(s) PZ.21 Date: Thursday. March 28. 2019 Time: 2:00 PM Place: City Hall, 3500 Pan American Dr on 03/28/2019 , City Clerk Petition(s) to consider the following: 5543 THE APPEAL FILED BY GEOFFREY BASH (THE "APPELLANT') AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SEC_ 23-6_2(b)(4) OF THE CITY 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 33137, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS THE WALTER FLANDERS HOUSE WITH THE FOLIO NUMBER 0132190110210. 1 Crtytf P14-ami PInIr Departmun,":. Haring 13narc•-.4Civit;itpl dit.1 SW 2nd Arr. 3rd FIcry. Mart, Fridu 31120 tittro:Swoe.v,rntarnicrr.r.cuti1tlutiriug...1:pnara%.' IlyNKVX. 701B 0680 0001 8384 7.08 HEARING NOTICE )) GEOFFREY Nt BASH 44$ NE 39 ST MIAMI, FL 33137 71,73io-737oe cosE., RiTTIPA SEIT4CE ReaursTro dr; • • City of Miami HEPB Resolution Enactment Number: HEPB-R-19-004 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5274 Final Action Date:1/8/2019 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 • MirighSubmitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Preservation icer Date STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, lh,1Weirl P d(arA5 Preservation Officer of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 121ThAY OF Marc h , 201"l St Wick Oi Cc71a I eZ. Print Notary Name ✓/ / ublic State of Florida Personal) know y or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath V1,4., SILVIA GONZALEZ MY COMMISSION fi GG 051561 . ' °01' • EXPIRES: November 30,2020 %:far,00r Bonded Thar Notary Public Underwriters J � s City of Miami Page 2 of 2 File ID: 5274 (Revision:) Printed On: 2/28/2019 ate: 11/26/2018 :24:44 AM �ty of Miami Page: I t Code Enforcement Fact Sheet DISTRICT: 2 hedule Date: 12/6/2018 Case No: CE2018005489 operty Address: 452 NE 39 ST NET: 9 UPPER EASTSIDE 0132190110210 Inspector: Camesuze Quetant ilio: se Status: 0 Board: CEB Initial Inspection: I 3/22/2018 Primary Zoning: R-3 Multifamily Medium -Density Residential Legal: I MAGNOLIA PARK 2ND AMD PB 5-25 LOT 20 LOT SIZE IRREGULAR OR 21001-0978 01 2003 4 Per Diem: Assessed Value: $0.00 Per Diem Total: Iner: BARBARA PITTMAN (BARBARA PITTMAN TRS) Overlay 1: HP Mailing Address: 1 BARBARA PITTMAN REVOCABLE TRUST 452 NE 39 ST MIAMI, FL 33137 Overlay 2: Overlay 3: Homestead Exempt: $0.00 Last Sale Date: 11/2018 icket Number Repeat Violator: NO rHEARINGS INFORMATION Hearing I2018-12-06 CEB 1 GLATIONS Hearing Type Hearing Request Hearing Result Comment CE Board f. Description Status Date Complied 14 FAILURE TO COMMENCE AND/OR COMPLETE WORK REQUIRED BY A CERTIFICATE OF APPROPRIATENESS (HISTORIC) Open 14 WORK PERFORMED WITHOUT A FINALIZED PERMIT Open - 1 I FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY. Open Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Attachment: 5222-Code Enforcement Board Regular Agenda (5222 : December 6, 2018 Code Enforcement Board Regular Agenda) acket 1:1ate: 11/26/2018 :24:44 AM Ilk of Miami Page: 1410 SAINT HISTORY Code Enforcement Fact Sheet e Activity Result Assigned To /2018 Initial Inspection Violation Found CQuetant 2/2018 Inspection Pictures Complete cquetant 12 /2018 Select NOV Outcome NOV letter cquetant 3/22/2018 Create Notice of Violation Letter Create cquetant 12/2018 Print and Mail NOV Letter Letter Printed and Mailed Cert cquetant 3/30/2018 NOV Posting Inspection Posted cquetant I2018 Create Affidavit of Posting NOV Create cquetant 2018 Picture of Posted NOV Complete cquetant 4/9/2018 Timer Activity before CEB Summons Not Ready cquetant /2018 Print Affidavit of Posting NOV Printed and Signed Affidavit cquetant 3/7/2018 Timer Activity before CEB Summons Not Ready cquetant /2018 Timer Activity before CEB Summons Not Ready cquetant 4/2018 Update Case as needed Complete cquetant /2018 Timer Activity before CEB Summons Not Ready cquetant /2018 Timer Activity before CEB Summons Not Ready cquetant 3/0—n18 Timer Activity before CEB Summons Not Ready cquetant 1-018 Timer Activity before CEB Summons Response overdue/No response cquetant 10/2/2018 Pre CEB Summons Inspection Violation(s) outstanding cquetant I /2018 Initiate CEB Summons (Pick hearing date) Complete cquetant 10/4/2018 Create CEB SUM Create cquetant L/2018 Print and Mail CEB SUM Complete cquetant 5/2018 SUM Posting Inspection Posted cquetant t4/2018 Picture of Posted SUM Complete cquetant 4/2018 Create Affidavit of Posted SUM Create cquetant 10/24/2018 ma Print Affidavit of Posted SUM Printed and Signed Affidavit cquetant DOCUMENT HISTORY ument Type Recipient Printed Delivery ICE OF VIOLATION Potential Property Lien BARBARA PITTMAN 3/22/2018 Certified Mail Iavit of Posting and Mailing BARBARA PITTMAN 4/9/2018 Certified Mail ICE OF VIOLATION SUMMONS TO APPEAR BARBARA PITTMAN 10/4/2018 Certified Mail ffidavit of Posting and Mailing BARBARA PITTMAN 10/24/2018 Certified Mail Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Attachment: 5222-Code Enforcement Board Regular Agenda (5222 : December 6, 2018 Code Enforcement Board Regular Agenda) Iate: 11/26/2018 24:44 AM •ty of Miami Pager .IATED HISTORY Code Enforcement Fact Sheet Implaint Sts Board Received Comply Due Violation Compliance 2018005489 O T 3/22/2018 4/2/2018 1528 Illegal rooming house. i2018005489 0 T 3/22/2018 4/2/2018 1594 FAILURE TO COMMENCE AND/OR COMPLETE WORK REQUIRED BY A CERTIFICATE OF APPROPRIATENESS (HISTORIC) 2018005489 I O C 3/22/2018 4/2/2018 2104 WORK PERFORMED WITHOUT A FINALIZED PERMIT I2018005489 0 C 3/22/2018 4/2/2018 2171 FAILURE TO MAINTAIN EXTERIOR OF COMMERCIAL OR RESIDENTIAL PROPERTY. 1 1 t Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Attachment: 5222-Code Enforcement Board Regular Agenda (5222 : December 6, 2018 Code Enforcement Board Regular Agenda) acket MN ® ® — — ® ! S — — — N In MI MI NM ® ® — ZZ '6d 19513ed CODE ENFORCEMENT BOARD MINUTES VOTE SHEET DATE: 12/6/2018 Hearing Type: Page: 92 Case: CE2017021425 Add: 29 SW 36 CT ( ) PRESENT ( ) ABSENTIA TBH ( ) MITIGATED AMOUNT: Page: 94 Case: CE2018018247 Add: 1774 NW 52 ST ( ) PRESENT )Ik8. NTIA Closed IGATED AMOUNT: Page: 97 Case: CE2018010517 Add: 448 NE 39 ST ( ) PRESENT ( ) ABSENTIA TBH ( ) MITIGATED AMOUNT: Page: 99 Case: CE2018005489 Add: 452 NE 39 ST 1' 1 PRESENT ( ) ABSENTIA TBH ( ) MITIGATED AMOUNT: Page: 102 Case: CE2018002668 Add: 2366 SW 21 TER ( ) PRESENT ( ( AMOUNT: RESULTS PLED: FOUND: CoAMPLY BY: PER DIEM: DISMISSED CHARGES: PLED: FOUND: COMPLY BY: PER DIEM: DISMISSED CHARGES: PLED: FOUND: CDMPLY BY: PER DIEM: DISMISSED CHARGES: PLED: �� FOUND: 7) COMPLY BY: PER DIEM: .Z DISMISSED CHARGES: PLED: FOUND: COMPLY BY: PER DIEM: DISMISSED CHARGES: BOARD MEMBERS EDUARDO MORALEJO YES NO YES NO YES NO YES NO YES N NO ERIC NEMONS YES NO YES NO YES NO YES U NO YES NO HEMANT PATEL YES NO YES _ NO YES NO YES ?, NO YES NO FRANK PICHEL YES NO YES NO YES NO YES i NO YES NO ALLYSON WARREN YES NO YES NO YES NO YES ✓ NO YES NO CARLOS DULZAIDES YES NO YES _ NO YES NO YES NO YES NO VERANIA "BETTY" HERMIDA YES NO YES NO YES NO YES L/ NO YES NO CHARLES MCEWAN YES NO YES NO YES NO YES L/ NO YES NO VOTE TALLY VOTE TO VOTE TO VOTE TO VOTE • I T 3 VOTE TO Attachment: 5222- Minutes (5222 : December 6, 2018 Code Enforcement Board Regular Agenda) Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 3/25/2019 Miami, FL Code of Ordinances Submitted into the public Iec. 23-6.3. - Administration, enforcement, violations, and penalties. record for item(s) PZ.21 on 03/28/2019 , City Clerk (a) Ordinary maintenance and repair. Nothing in this article shall be construed to prevent or discourage the ordinary maintenance or repair of any structure when such maintenance or ' repair does not constitute an alteration, or to prevent the ordinary maintenance of landscape features. (b) Enforcement of maintenance and repair provisions. When the board or preservation officer determines that any designated property is endangered by lack of maintenance and repair, or that any other property in visual proximity to a designated property lacks maintenance and repair to such an extent as to detract from the character of the designated property, the board or officer may request appropriate officials or agencies of the city to require correction ' of such deficiencies under authority of applicable laws and regulations. (c) Unsafe structures. In the event the building official of the city determines that any designated property is unsafe pursuant to chapter 8.5 of the Code of Miami -Dade County, Florida, as amended, he/she shall immediately notify the board with copies of such findings. Where reasonably feasible within applicable laws and regulations, the building official shall endeavor to have the structure repaired rather than demolished and shall take into ' consideration any comments and recommendation of the board. The board may take appropriate actions to effect and accomplish preservation of such structure, including, but not limited to, negotiations with the owner and other interested parties, provided that such actions do not interfere with the procedures in chapter 8.5 of the Code of Miami -Dade 1 County, Florida, as amended. (d) Emergency conditions. For the purpose of remedying emergency conditions determined to ' be imminently dangerous to life, health, or property, nothing contained herein shall prevent any temporary construction, reconstruction, demolition, or other repairs to a designated property, pursuant to an order of a government agency or a court of competent jurisdiction, provide that only such work as is reasonably necessary to correct the emergency condition may be carried out. The owner of structure damage by fire or natural calamity may stabilize the structure immediately and rehabilitate it later under the provisions of this chapter. (e) Enforcement. The building department and the code inspectors as defined in section 2-813 ' shall assist the board by making necessary inspections in connection with the enforcement of this chapter. The building department shall be responsible for promptly stopping any work ' attempted to be done without or contrary to any certificate of appropriateness required under this article; and shall further be responsible for ensuring that any work not in accordance with a certificate of appropriateness is voluntarily corrected to comply with said certificate. (f) Violations and penalties. Any person who carries out or causes to be carried out any work in violation of this article shall be required to restore the locally designated property either to 1/2 (g) 3/25/2019 1 Miami, FL Code of Ordinances its appearance prior to violation or in accordance with a cer ificate of appropriateness approved by the board. The following procedures shall govern: (1) Referral to preservation board. The building department and code inspectors as defined in section 2-813 shall refer all violations to the board, unless such violation is voluntarily corrected to comply with a previously issued certificate of appropriateness. (2) Preservation board public hearing. The board shall conduct public hearing with notice as set forth in this chapter. (3) Decision of preservation board. The board shall make findings based upon the provisions of this section and the guidelines set forth in this article and shall take one of the following actions: a. Reaffirmation of a previously issued certificate of appropriateness; b. Issuance of an amended special certificate of appropriateness with specified modifications and conditions; or c. Issuance of a new special certificate of appropriateness with specified conditions. The board may specify a reasonable limitation of time within which the work authorized by the certificate of appropriateness shall be commenced or completed, or both. Appeals of any decision of the board related to certificates of appropriateness shall follow the same procedures as set forth in subsection 23-6. (4) Referral to code enforcement board. If the work authorized by any certificate of appropriateness issued pursuant to this article is not commenced and/or completed within the time specified, or if a subsequent violation of a certificate of appropriateness issued pursuant to this section is found, the building department or code inspectors as defined in section 2-813 shall initiate enforcement proceedings before the code enforcement board pursuant to the provisions of section 2-814. This remedy shall be in addition to and not in lieu of any criminal or civil prosecution and penalty that may be provided. Conflicts. Where there are conflicts between the requirements of this chapter and provisions of the zoning ordinance or other codes covering the same subject, the most restrictive requirements shall apply. (h) Application equally to private parties and public bodies. The provisions of this chapter shall apply equally to plans, projects, or work executed or assisted by any private party, governmental body or agency, department, authority, or board of the city, county, or state. 111 (Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13676, § 2, 4-27-17) Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk 2/2 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Search Property Districts PROF Folio: City Add County IAddress: Owner: Mailing Address: Beds/Bat Floors: Living Ur Actual Ai Living AT Adjusted Lot Size: Year Buil Legal Descripti • ',Submitted into the public record for item(s) P2.21 . on 03/28/2019 , City Clerk WALTER FLANDERS HOUSE 452 N.E. 39 STREET Designation Report City of Miami Su mitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk REPORT OF THE CITY OF MIAMI PLANNING DEPARTMENT TO THE HERITAGE CONSERVATION BOARD ON THE POTENTIAL DESIGNATION OF WALTER-E. FLANDERS HOUSE 452 N.E. 39th STREET AS A HERITAGE CONSERVATION ZONING DISTRICT Prepared by Maria T. Temkin 4/29/88 Consultant Date Prepared by Sarah E. Eaton 5/3/88 Historic Preservation Date Planner Accepted by Arthur King 5/17/88 Chairman, Heritage Date Conservation Board Designated by Miami City Commission Ordinance No. 10552 Date 2/23/89 • Submitted into the public liPrecord for item(s) PZ.21 . on 03/28/2019 , City Clerk CONTENTS I. General Information II. Significance III. Architectural Information IV. Planning Context V. HC Zoning Elements VI. Bibliography 3 Page 4 7 10 14 15 16 • I. GENERAL INFORMATION Historic Name: Walter E. Flanders House Current Name: 452 N.E. 39th Street Location: 452 N.E. 39th Street Miami, Florida 33137 Present Owner: Alice Wnenk (Deceased) 452 N.E. 39th Street Miami, Florida 33137 Present Occupant: Vacant Present Use: Vacant Present Zoning District: RG-2/4 HC Zoning Overlay District: HC-3 Tax Folio Number: 01-3219-011-0210 Boundary Description of HC Zoning District: • Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Lot 20 of the plat of MAGNOLIA PARK, as recorded in Plat Book 5 at Page 25 of the Public Records of Dade County, Florida. ` 4 HC Zoning Classification: Historic Site Dade County Historic Survey Rating: Architectural Significance - 1 Historical Significance - 2 Contextural Significance - 3 r 5 • Submit_ ________ ted into the public record for item(s) p?,21 on 03/28/201g , City Clerk • • WALTER FLANDERS HOUSE 452 N. E. 39 STREET Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 6 emitted into the public record for item(s) p on 03/28/2019 , City Clerk II. SIGNIFICANCE Specific Date: circa 1916 Architect: Unknown Statement of Significance: The Walter E. Flanders House is primarily significant as an unusual example of Masonry Vernacular architecture in Miami and is particularly noteworthy for the excellence of its craftsmanship and detailing. The house is also significant for its association with Walter Flanders, a real estate developer who platted Magnolia Park. The Handers House is one of Miami's more unusual examples of Masonry Vernacular architecture and owes its inspiration to French country cottages. Built circa 1916, the house is characterized by steep gable roofs covered with green French tiles, a tiled second floor skirt, and multiple wood casement windows. The house has survived in a virtually unaltered state of preservation. This residence is located in Magnolia Park and was originally the home of Walter E. Flanders and his wife, Hazel. Walter Flanders, a businessman from Detroit, Michigan, was responsible for platting Magnolia Park, in 1914, a subdivision of the town of Buena Vista. Walter E. Flanders, known to be an auto manufacturer, was also involved in real estate. In 1912, he began assembling the parcels of land that were to become Magnolia Park. Flanders purchased the parcels from the early settlers of this area of Dade County, including those of two well-known pioneer families - the Merritts and the Gratignys. Originally,, this area was part of the William H. Gleason Homestead Grant. Magnolia Park includes the lots facing N.E. 38th Street (originally name South Drive) and N.E. 39th Street (originally named North Drive) from Biscayne Bay to Federal Highway. The Flanders House, constructed circa 1916, was built at a choice location in the subdivision. The living room of the house overlooked a park dedicated to the use of the residents of Magnolia Park. The park extended out to Biscayne Bay.,, The subdivision of Magnolia Park, with its desirable location along the bay and just to the north of the City of Miami, soon attracted prosperous and well-known Miami families. Homes of various architectural styles were built in the subdivision. All of • thibmitted into the public MI"cord for item(s) PZ.21 on 03/28/2019 , City Clerk the homes were large in size and represented fine examples of their particular style. Magnolia Park's earliest residents included the following: Gaston Drake, President of the Drake Lumber Company; and several attorneys Fred, Botts, E.B. Kurtz and Frank Smathers, the father of George Smathers, a former Florida Senator. Other Magnolia Park lot owners included Charles, Deering, the brother of James Deering, who owned all of the property which is today's Bay Point; T.V. Moore, who owned a pineapple plantation on property that is part of today's Miami Shores; and Laura Cushman. Cushman School first opened in 1924 in Magnolia Park on two lots facing N.E. 38th Street. By 1926, the lots on which the school stood, as well as other lots on the western fringe of the subdivision, were sold for the construction of Biscayne Boulevard. Roy H. Hawkins, operations manager of the Biscayne Boulevard Company, also owned a house in Magnolia Park. In 1918, the Flander's House had been sold to James R. Blackwood and his wife, Nellie. James Blackwood was in the real estate profession. Althought he Flanders House was owned by the Balckwood family up unitl the early 1940s, the house seems to have served as their personal residence for just a few years. Form the lat 1920s and up until 1942, the house was occupied by several different families. In 1942, the Flanders House was purchased by Arnold M. Henderson and his wife, Lucille. Mr. Henderson was manager of the Congress Building in downtown Miami. The Bargel/Wnenk family has been associated with the Flanders House since 1954. The subdivision of Magnolia Park has changed considerably since its inception. The neighborhood has been encroached upon by modern apartment buildings, office buildings, and roadway ramps. The homes remaining from the subdivision's beginnings serve as reminders of the area's past, once a prosperous and tranquil neighborhood. Relationship to Criteria for Designation: The Walter E. Handers House is eligible for designation under the following criteria: 1. Is associated in a significant way with the life of a person important in the past. The Flanders House was the home of Walter E. Flanders and his wife, Hazel. Walter Flanders was responsible for platting, in 1914, the subdivision of Magnolia Park located in the town of Buena Vista. 5. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction. The Flanders House is an unusual example of Masonry Vernacular architecture, owing its inspiration to French country cottages. 8 • • Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 7. Contains elements of design, detail, materials or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment. The Flanders House is particularly noteworthy for the excellence of its craftsmanship and detailing, and for its use of materials, embodied in such features as its steep gable roofs covered in green Ludovici tiles, its tiled second floor skirt, and its fenestration. ® Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk III. ARCHITECTURAL INFORMATION Description of Building: The Walter E. Flanders House is an unusual example of Masonry Vernacular architecture, owing its inspiration primarily to French country cottages. The building's most notable feature is its steep gable roofs, taller than the height of the ground floor space. The house's distinguishably tall proportions give it a northern character. Within its one and one -half -story configuration is really a full two-story structure, the second story disguised by the roof structure. Construction is of reinforced concrete faced in smooth stucco, an unusual use of materials for such an early structure in Miami. The tall gable roofs are covered by green Ludovici tiles. The tiles are of the French type or flat corrugated in profile. Ludovici tiles, very popular in the early years of this century, were of high quality usually with a green or blue glaze fired into them, and ornamental ridge caps. The house is built on a T-shaped plan. The top bar of the "T" is the main mass, built on a north -south orientation. This part of the house is an unusually tall one and one-half stories. The base of the "T" is the living room wing, attached to the east side of the main mass and laid out on an east -west orientation. This mass is slightly lower. Still, the results are a very tall living room ceiling with exposed rafters. The main roof has three dormers, two on the east slope, flanking the living room mass, the third on the west slope. The dormers have steep gable roofs, exposed rafter ends, and casement windows. There are green tile diamond shaped insets on the gable ends of dormers on the west elevation. A tiled skirt or apron on the north and south gable ends of the main mass, just at the second floor level, continues the gable overhang on all four sides. Exposed rafter ends embellish the eaves of the roofs. There are decorative caps on gable ends indicating the interior location of roof purlins. The main entrance is on the north corner of the west elevation. A French door is enhanced by sidelights and a flat, multi -paned transom. In front is a wood framed screen door with small "gingerbread" brackets. Windows are wood casement, with eight lights. Some of the windows have the original wood shutters with clover leaf cutouts. The north elevation of the main mass has three sets of quadruple casement windows on the ground floor. Above, another set of four casement windows occupies a prominent place on the gable end and provides good light and ventilation to a second story bedroom. A small louvered attic vent is centered above the second story windows. The same fenestration is repeated on the gable end of the south elevation. The openings on the ground floor of the south elevation have been altered. The rear porch has been enclosed with jalousie windows and doors. 10 • •Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk The living room mass is of special note. Its north and south walls extend beyond the east wall plane to form a sort of concave flared buttress. The living room space is open by a double French door with sidelights and a flat multi -paned transom on the east, facing the bay. The south side of the living room wing has two sets of double French doors with flat multi -paned transoms. All French doors on the east and south sides open .out to a concrete patio. The patio is surrounded by a low concrete wall. Square concrete planters top the wall at corners and points where the wall breaks to give access to the yard. There is an oolitic. limestone fireplace in the living room and exposed wood rafters on the ceilings. A stuccoed chimney stack sits atop the roof ridge of the living room mass. Another chimney on the south end of the main mass ventilates a cooking hearth in the kitchen. Description of Site: The Flanders House is located on the south side of N.E. 39th Street between Biscayne Boulevard and Biscayne Bay. The site is overgrown with vegetation. There are large trees in the backyard. The immediate neighborhood consists of houses from the 1920s and 1930s, and more recent apartment buildings and townhouses that deprive the Flanders House of its former view over Biscayne Bay. 11 Walter E. Flanders House 452 N.E. 39th Street North and West Elevations 1988 12 • Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk • • Walter E. Flanders House 452 N.E. 39th Street East Elevation 1988 13 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk • Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk IV. PLANNING CONTEXT Present Trends and Conditions: The Walter E. Flanders House is located on N.E. 39'" Street between Biscayne Boulevard and Biscayne Bay. The character of the area has changed considerably in recent years because of the construction of the nearby Julia Tuttle Causeway, which exits onto N.E. 38'" Street, and the construction of multi -family housing nearby. The commercial usage on the Biscayne Boulevard has begun to spread east, with parking lots to service the commercial uses. Because of its location, it is unlikely that the Flanders House can be sold for use as a single family residence. However, it is likely that the building could be preserved and reused if a zoning bonus were given to allow a change of use from residential to professional office. This economically productive adaptive use would allow the building to be preserved. Conservation Objectives: In order to encourage the preservation of the Walter E. Flanders House, a change of use should be allowed to permit the existing building to house professional offices. This use would be compatible with adjacent existing and potential uses and would not cause an undue negative impact on the surrounding neighborhood. These conservation objectives can best be achieved by applying an HC-3: Residential -Office Heritage Conservation Overlay District to the property. The HC-3 overlay district permits a residential property to be used for professional office. This change of use would apply to the historic building only, which is the only building of historic significance on the site. 14 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk V. HC ZONING ELEMENTS Boudaries: The boundaries of the HC zoning district have been drawn to include the entire tract of land under a single ownership. Major Exterior Surfaces Subiect to Review: All four facades shall be considered major exterior surfaces subject to review. Major Landscape Features Subject to Review: The major landscape features subject to review shall include all features which are subject to requirements for tree removal permits, as set forth in Chapter 17 of the City Code. 15 • VI. BIBLIOGRAPHY Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Ammidown, Margot. "Developmental History of Magnolia Park 2nd Amended." Dade County, Florida, Dade County History Preservation Division, October, 1979. Dade County, Florida. Community and Economic Development, Historic Preservation Division. Dade County Historic Survey, Site Inventory File for 452 N.E. 39th Street, Miami, Florida. Dade County, Florida. Property Appraiser's Office, Printout for 452 N.E. 39th Street, Miami, Florida. Dade County, Florida. Recorder's Office. Abstract Books. Dade County, Florida. Recorder's Office, Deed Books. Dade County, Florida. Recorder's Office, Plat Book 2, Page 92 and Page 107; and Plat Book 5, Page 25. Hopkins, G.M Plat Book of Greater Miami, Florida and Suburbs. Philadelphia, 1924, 1981. Polk, R.L. R.L. Polk and Company's Miami City Directory. Jacksonville, Florida: R.L. Polk and Company, 1917-1944. 16 16170LNCAMIN F CE-kTiFiCATE OF APPR *TY OF MIAMI INING AND ZONING DEPARTMENT t_ ) _RVATION OFFICE • SW 2nd AVENUE i MI, FLORIDA 33130 iL ESE V T PRIATE ESS 1174:7L. IVE IOPERTY ADDRESS - r-L )1 ORIC D1STRICT/LANDMARK NAME 111)12(1/2)-' JEWS NAME ;2) Cifil _R'S ADDRESS, CITY, STATE, ZIP CODE / iltY),)„ A f--)r-,)/71/9(c?") 1) 6):/v/ CANT/AUTHORIZED REPRESENTATIVE (NAME 8, TITLE) /is s miAtrit J. IIANT'S ADDRESS, CITY, STATE, ZIP CODE ''LICAT1ON TYPE (Choose as many as applicable) —IOW REPLACEMENT LI RE. -PAVING DOOR REPLACEMENT 1-11 LANDSCAPING 10F REPLACEMENT SWIMMING POOL kOF WORK AIR ONLY Li IN -KIND REPLACEMENT -1 NEW INSTALLATION S(GNAGE OAK)• APPLICATION FOR STAFF USE ONLY DATE APPROVED r- APPROVED i--- W. CONDITIONS STAFF DENIED INITIALS COMMENTS: PROCESS It BD IT PLANS NOT SAVED TO HP FILE OWNER'S DAYTIME PHONE NUMBER OWNER'S E-MAIL f:rfe3P/I-e0ofri01:\17/14i---7- APPLICANTS DAYTIME PHONE NUMBER , -IC/7-7 ARp ANT> E- f'it.; yy111,..6r f E INTERIOR WORR ONLY fl AWN1NGS/CANOPIES El ALTERATION IN REAR PAINTING &OTHER Orre72. -77TE 6-:13177 11\,1 Ed OTHER DETAILED DESCRIPTION OF PROJECT. ATTACH SKETCHES AND/OR ILLUSTRATIONS 01\113tdoitIONATATAGE () Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk ATTESTATION: ,arranted in good faith that the statements above and on attdthed page(s) are true and correct. I understand that I have received I ONLY for the work specified herein and that NO changes may be made to the approved drawings/pans or COA application I-11 Preservation Off. approval., understand that a COA is a prerequisite to obtaining a budding permit and NO work may begin a buil ing permit is obtaine ii 1E OF PROPERTY OWNER (REQUIRED) DATE TURE OF APPLICANT (IF OTHER THAN PROPERTY OWNER) NOTE: A COMPLETE CHECKLIST ,INO INSTRUCTIONS FOR REQUIRED ATTACHMENTS ARE ON REVERSE SIDE. tun 4 OP/ ATinN WI! 1 RI: MNSIDERED UNTIL ALL SUPPORTING MATERIALS ARE RECEIVED. DATE • Barbara Pittman 452 NE 39th Street Miami, FL 33137 305-799-9977 ba rbpit©camcast. net November 14, 2018 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Letter of Intent Historic and Environmental Preservation Board Included in my Application for Certificate of Appropriateness, is a copy of the survey of my property done on November 3, 2018, photos taken of my home from both outside of the property and inside of my property, as well as photos attempting to convey the quality of care and attention given to my landscaping and garden. I have also included photos of the apartment buildings and condos that are adjacent to and surround my house. With this letter of Intent, I will endeavor to substantiate my argument and request that the violations bringing me here, be approved under the COA process; and at the same time, I am applying to rectify any violations that remain. I now live alone, in the home I shared with my husband for the last 19 years. My husband of 40 years recently died; and'a year later (at the beginning of this year) I had to sell our business of 25 years. It is under these emotional circumstances that I rind myself embroiled in what seems to me like the fight of my life. While I'm still grieving and processing my husband's death, and less than a year later, after 19 years of peacefully living in our home, it seems unfair that a disgruntled neighbor is able to disrupt my life and turn it upside down. Following are my "arguments" to support my request for a variance: First, I'd like to explain why it has taken me so Fong to act. I was so emotionally distressed by my neighbor's continuous intimidation and harassment, on top of the fact that I didn't know what to do, that I "froze" and did nothing - until now... I asked a friend for help. I was never faced with anything like this — without my husband to either handle it or give me the guidance need. I tried to hire an attorney, but all he did was take my money (a supposed retainer) and do nothing to help me. I've been a successful business woman for many years. I normally would find solutions to these issues. But this had me frozen! My husband always looked after the general upkeep and repairs and maintenance of the house and yard. I was not much involved, but I know that everything he had to repair and/or replace, whether interior or exterior, was done with a lot of research, study and (unnecessary) added expense. It was important to him that he kept everything as original as possible, and where this was not feasible, have everything look as original as possible — down to the smallest item. He went so far as to install special -order, carved brass door hinges on every old door, and brass locks and sliders for the original windows and French doors, some of which still has original glass. 1 SubmittecT"into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Barbara Pittman +52 NE 39ti, Street November :I3, 2018 \+'Ve have been maintaininci the "histork: integrity" of the house since we've moved in, even with the negative impact of all of the construction and "destruction" thiat has occurred within the last 3 years around us, I strongly maintain that everything that we've done in and around the house is "appropriate for", and "in keeping with the style of.the house", and "adds character and beauty", including all of the work we've done in our yard, garden and around our property: including those things under discussion here. For 19 years, none of this has brought any violation notices: It seems unfair that one person can cause so much emotional grief and financial distress to another, for rio other reason that "he cane. I believe 1 am entitled to security and privacy in my home. I believe 1 am entitled to feel safe on my property. There is a "private and unlit" alley on the west side of my. property. I Here is a "private and secluded' walkway on the east side of my property. My street is basically unlit, with only one street lamp. ivty fence and hedges block someone from Iookin.i in; and t.ha'ir height deters someone from climbing over. There are 238 new units sur roundincii my house. The city approved ? new construction p; ojecti, to be built in the bast 2-3 years. In addition to long-term rentals, the two apartlrler,t buildings cater to transients and groups of young people, who are. constantly cominci and going around my house, People can now look down into my yard from the Miami bay Club; and can look into my bedroom windows from One Bay. Other than Geoffrey Bash's house, one family n� n restof the, block. '1 C�:E•fii�rF y h�ci� . , owns all of the of the L__"t. the iJ.i1t.�.. Eventually they will set' to a developer and there will be yet another apartment building or condominium on the other side of rne. Then Corona Bay / Jose Gamas will sell out to a developer and there will he yet another building next to me. I will then be 51v-rounded with commercial/residential 5 story buildings. Last week. I had to call the police becalise a man suspiciously hanging out in the alley next to my house would not leave, even after I approached him twice — not until he heard me call the police did he hurry away. Several attempts have been made to break. into to my property from the dark alley through my hedge. My neighbor's yard and house has been broken into more than once. My other n i hbor recently had large, equipment stolen from his truck, in front of his house, during the day, while he was inside. If I have to lower the height of my fence and/or hedge, it will allow someone to gain easy access to my house/yard by just climbing over, It will also allow anyone to be able tolookinto my house and yard, especially since I've. kept the original windows intact that literally surround my house, People currently can look right through my gate into my lower living area, If I. have to do these things, I will be forced to rriove from my home I shared with my husband for 19 year L. L. 9.6.b Attachment: 5274 - Application & Supporting Docs (5274 : SCOA - 452 NE 39 ST) Packet Pg. 206 NIB MIN Nil IWO MI — OM 1111111 OM MINI =I IMO SIMI VIII NIS SIM lila .4`, SLUM Zi70 AM 71017004 3317/ LEPliONE- 105) 264-tfinfr tK 0,1 :•,fid•Ozn Noun tj I.,.AND SURVEYORS SLAVE S),PF2 • ELM, Nc."ICZ",rc,Aci;oo..41.4", E7 C»SLORVE, ; 0 7C m -a h3 ' STREET • BOUNDARY SURVEY GRAPHIC SCALE WIIMMI11111 39 pLar 6„:" "0:2, L O C A rJc.IN ',hi, Nrs Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk ....- • ,XX• • Attachment: 5274 - Application & Supporting Docs (5274 : SCOA - 452 NE 39 ST) co • 1, A t.144,r, Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk Plarin ng DE-partment ,lio-Li. StiVi 2''' Avenu:L, •.3`4 Fhor,NA:iint ;1._ - 3.•.'..4 30 .4 1,-.... 4 ,4 ' u. 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CI) 0 70- 014) CNI c E Packet Pg. 218 1 1 1 • • 9.6.b REQUIRED DOCUMENTATION CHECKLIST FOR ALL APPLICATIONS LI±Priginal of all Docs; (1 3 Copes of All Docs_(1) Dital Coy in an Organized PDF- File with all Docs INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED COMPLETED AND SIGNED HEFE.2i APPLICATION FORN1 ETTER OF INTENT DELSCRIPING THE SCOPE OF \NORK IN NARRATIVE FORM INDICATING COMPLIANCI: WITH THE CRITERV IF OF CHAPTEB 2 Of THE CODE OF OHDINANCE x 17" 51(3NED AND SEALED SET 0' PLANS AND SUPPORTING DOCUMENTS (AS APPLICABLEr & THE APPLICABI E i1 _ _____ , , _ ,_ 1 I-- SECRLTAIRY OF THE !NU:RIC:R:I; STANDARDS 1SUPPORTINC DOCUMENTS ON NO LAKER THAN 11" x 17" PAPER IN COLOR ...., I' PdHOTOS OF ALL FACADES OF THE PROEERTY AND AFFLICAHE DLTAIL3 (PM LED NO SMALLER THAN 4" x 6") ROPEI-TITY :-AWNEY, PRISPAPvii 5`,' A NE61:[EKED LND slit-NE.{0R Fi--yoM WITHIN THE FAST YEAR l'icf.f;srf not..? thi the RulIding F..)-?,t),:rttiric:nt vlif r,quir- a cifiviy !'rr,--witilii f'hf? itar,r ,i:: month:, f'c.ip,,rr;ittirig PROOF OF PAID If\PIOICE IP CO .1 17 R OF ATTORNEY: ;t Lre owner cannot be preseht at the HP O Meeting, and authorizt:,.::• F., rt,pnFtive ‘A.,hc, COI (1Pen-,'. tiOri OR PROD : Of: LC).2N{ST RFC,iSTR /0 ION. ;f- th.:-,. ownr ha repre'_:entati ,c2 who is rec.,A\iin cornpensLikrion for their services REQUIRED DOCUMENTATION CHECKLIST FOR EXTERIOR RESTORATION/ALTERATION APPLICATIONS (1) Qriginal of all.DQ.(i,$_±i,i)cpples of All Docs: (1) Digital Copy in an Orcianiz:Eil PDF Fiie with ail Doc; CONTEXT MAP AND PHOTOS ILi SITE PLAN ARCHI7ECTUFAL FlAcilS AND I:-..-LLVA:IION3 3f-lOWING EX1511i`R:: ANL) .rz'ROPOSED WOFIK iiOrri :7.•:aik.-:.;1:,.:irti:j min. /op/. font . -NOTE: ri--701Et. ! -,. iNvotlinG i \ i LT LAI COW- TRLICTI9P,:„-1.DoiTiCry9, (3,'-: AL rERA TI9N5 M;_f5 7-,,,,,. OVIDE AN /-1;-:-::-,17,-, rtiP,../ ',,,r7 OF pLArys !NO_ i..701N1.7 A SIT, PLAN, ,AL,L ELEVATION.‘,.. ":11 1_ ,r,-I10(I)R PLANS 2ENDE,9INGS.AC4D A 1 ANDSCAPF PLAN lri INCLUDE MA 1 UM! S PAGE THAT cROWS PHOTOS OF ALL PROPOSED MATERIALS RAIINDOM. DOORS. POOFINC:, CTC.) Li pAiNT cHip.S). (:)P 1-)E5 =O919 COLORS') E:OR EXTERIOR PAINTING II 11 I iNDERNCS ,ir-r;,=.n(.1,:--ri:pi,5. ::,.:!-_--,t,:cj.:j,-,3s.tc-i i',..7,T appli:::.:Dns l'or larcy:, iv.:v.. El LANDKAPE PLAN Pui,,,suAN1- TO ARILL: 11 OF KAMI2 1 ILI zONG NIREFEFAL LEITER 'it EIIIII(.FLI; CipOfC.c'ink"tiely ..-,t .1.,:!j<_-, for t..,, zrit0:(.10,:1ke to 1----I OTHER REQUIRED DOCUMENTATION CHECKLIST FOR NEW CONSTRUCTION APPLICATIONS (1; Ofiq7n;a1 of all ; 13) Copies o All Docs: 414 Di(jit3I Copy ira an Omanizecl PDF FiIe wh all Docs Li:-11\;TE:‹ iv/AY- AND PHOTCH LJ SITE PLAN ARCHITECTURAL PLANS AND ELR-V.A.TiONS ()NCLUDE ZONING DATA) ".9ict7,7 4-loufri /-,t,, cc,--,0(10.7.th,-, rru,,, i) prfc-)ft I';---- ,1VOTF: PRWP( TS INO)i_VING NFI/1/ CONS TPUCT/ON, A DDITiONS, OP Al TPA 770N( MU5T PROVIDE AN .4HIT ,RCTC TURA t 5f:7 0i, PL 4 NS INCLUDING A SITE PLAN, 4LL Et EVA, ITIONI•:, ALL FLOOR PLANS, t--E:i11:0LEfiff\IC=1.,5, /WO/A fill\IDSCAPL: PLAN._ r----i Li MATERIALS SPECIFICATION PAGE AND DETAILS, AS REQUIRED Submitted into the public Li PAINT CHIP(S) OF ORSIPFD COLOF(S) FOR EXTERIOR PAINTING record for item(s) PZ.21 IET on 03/28/2019 , City Clerk 1LANDSCAP: PLAN PURSUANT TC.) ARTICI E 9 OF MIAMI2 I f4ENDERIN,::, (r.E.r...i_I)REF:>! ,--7 PHOTOS OF EX/STING. !i•ULDIP.,;(_--; Tit -:,,pplicariori is or demoIition of (-2xr:,.tirls buriciing, provide 'photos ;Tor,-1 multiple angles ot the k'XiStI.ICI sto_icturP .3i-1d riccLirn'hli;•3.t105 0,ilt(1.-f0 and/01 phOTAClraO'K-,) reclarclinq the cur -rent c.ondition of ri-l-? buildtny) IL-- 70NII NG RE-ITiRAL LETTER .'it toke,,; .,:.,.iiproxicno te I y =? weeks fo i th,:? Zoning Dtf/ Attachment: 5274 - Application & Supporting Docs (5274 : SCOA - 452 NE 39 ST) Packet Pg. 219 OTHER 9.6.b t1 It Department of Finance Ontine Payments Receipt 'roar Reference Number: 2018345001-275 12/11/2018 6:31:16 PM Web_user TRANSACTIONS if you have a Transaction ID please click here 2018345001-275-1 $153.00 TPANS ID: 564681 BUSINESS NAME: COM Fee Payment Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk $148. 50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS Fee Payment $ 4. 50 FEE NA^r..E: PUBLIC HEARING MEETING MAIL NOTICE APPLIC. ANT/APPEALLANT PAYMENT Visa Credit Sale TOTAL AMOUNT: $153.00 $153.00 CARD NUMBER: ** ** *** 9728 FIRST NAME: Barbara LAST NAME: Pittman H.1 !j CE2G183d5001•27 Attachment: 5274 - Application & Supporting Docs (5274 : SCOA - 452 NE 39 ST) Packet Pg. 220 I 9.6.a Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Y� LYS S FOR A S COAL CE T0FJC TE rt F PP ' IATIENES APPLICANT: Barbara Pittman PROJECT ADDRESS: 452 NE 39 St. NET OFFICE: Upper Eastside COMMISSION DISTRICT: District 2 (Ken Russell) STATUS: Individually Designated FILE ID: 5274 ZIP: 33137 HEARING DATE: 1/8/2019 TDRs: No 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. Foli6: 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 12/13/2018 Walter Flanders House, 452 NE 39 St. File No. 5274 Page 1 of 7 Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 193 Submitteto the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 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 Applicant's 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) \A/ Adams 12/13/2018 Walter Flanders House, 452 NE 39 St. File No 5274 Page 2 of 7 9.6.a (5274: SCOA - 452 NE 39 ST) 5274 - Exhibit A Analys Attachmen Packet Pg. 194 1 1 1 1 1 1 1 1 1 1 1 ' W. Adams 12/13?2018 Current Photograph (North Elevation). Current Photograph (West Alley) E. NEIGHBORHOOD CHARACTERISTICS: ZONING Subject Property T4-R: General Urban Transect Zone Submittlito the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 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 9.6.a SCOA - 452 NE 39 ST) Attachment: 5274 - Exhibit A Analysis (5274 Packet Pg. 195 1 VV, Adams 12/13/2018 1 1 ' Surrounding Properties Submitte eo the public record for i m(s) PZ.21 . on 03/28/2019 , City Clerk I NORTH: T4-R: General Urban Transect Zone Medium Density Multi -family Residential Maximum of 36 D.U. per acre I SOUTH: T4-R: General Urban Transect Zone Medium Density Multi -family Residential Maximum of 36 D.U. per acre I EAST: T4-R: General Urban Transect Zone Medium Density Multi -family Residential Maximum of 36 D,U. per acre I WEST: T4-R: General Urban Transect Zone Medium Density Multi -family Residential Maximum of 36 D.U. per acre ' F. ANALYSIS: 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. 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: wail, 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'. 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 9.6.a Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 196 • Submitte into the public record tWem(s) PZ.21 . on 03/28/2019 , City Clerk 9.6.a W. Adams 12/13./2018 Figure 4.6 of the Guidelines shows the highest permitted height on the front property line tor 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 link 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 !ine 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 Page5of7 Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 197 9.6.a Findings: Partially consistent G. CONCLUSION: Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 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. 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 Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 198 • • 9.6.a 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, VV Adams 12/13'2018 Warren Adams Preservation Officer Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Walter Flanders House, 452 NE 39 St. File No. 5274 Page 7 of 7 Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 199 ( Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 9.6.a Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 200 • • 9.6.a SECTION 4.2: FENCES, WALLS, GATES, AND HEDGES FENCES, WALLS, 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: The facade conta n:ng the and the other I, the :nri entrance on the corner are far_acle5 Are considered to have , front. 'rant door i5 the prirl ar-x facade as, facade Hr.-if-re.; r, t a front c idered to have (2 f r• ar'y FIGURE 4.4 Gates and fencing in the first layer shall have at least 60% visibility MATERIALS Metal Fencing ,rol,,rr n s.t be comp-,thb e .v!th 5tr. cture; Masonry Walls (;r,ye and coi ,. mu3t c:omplewent the ho il5e) Wood picket fences ,!;3*I;r31, stained. painted a dark c;7, r nr bite Solid wood, stockade, shadow box, dog ear or other similar r.atri-al c,r staned. no bla.I gre. or .3r itar'', In,. !'er:! .F .. t:r__,. 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 ali other City Codes including, but not limited to the tollowing: 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. Lit' of 4aml I t{store: Ilesr;ss (3u...c4Ahnes Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk section .1 2 - 4; Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 201 �� � ��° ��U� U� ��m-�,wm��/� _m°w�° m���m^m-v�v ��m��m�o"o �m��mm�«�v �m��� mmm_Dmmm_m, FIGURE 4.6Residential Historic District Fence, VVaU'and Hedge Guideline � HHisHistorico,� 8eysid e, | iummusPar� Buena Vista East �District yNnrnings}de i Riverview Fm�of�e�o n | rr�pe y r----'- ' - - - - --'Fence/Gates Not Permitted SA" 4'-0" Palm Grove ! VVaU Not Permitted | 3U^for solid wall ]O^for solid wall }O^for solid wall Hedge Not Permitted | Not Permitted Not Permitted Pexnd�edtn5'�� | Fence, Wall, and Hedge at Side and Rear Property Lines �^'P�� Sides 6'{}^ 6''0^ ! 6'-0[ 6''0^ parallel to � facade | Sides 8''0" parallel to fa�a6e (,etbacx^� least 10Al Sides in Not Permitted front of fa�ade 8'-0" 8'-0" 8''0^ Sides and D''O^ Rear 8''0` 8''O^ 8''0` 'Gates and gate piers are allowed to extend 8' higherthan maximum fence height Patterns, colors, and moterio[s cf the fe,ice, gate, or wo!!shc!lbe in keeping with the style of the FIGURES 4.7 and 4.8 Gates with at least 60% visibility with design and color complementary to historic home City n'w.vn`mxu",Design o".u2.,rS Submitted into the public record for henn(s) PZ.21 . on 03/28/2019 , City Clerk �-ectiu"^/ */ Attachment: 5274'Exhibit AAnalysis (5274:SCO4-452NE39ST) Packet Pg. 202 • 9.6.a SEC. 8 w A CERTIFICATE OF APPROPRIATENESS IS REQUIRED WHEN... o Installing ca 1.1e!hi fence, wall, gate, or hedge • Removing a fence, 'wail, gate, or hedge ADMINISTRATIVE APPROVAL IS POSSIBLE WHEN: • Installing a new fence, wall, gate, or hedge • Removing a fence, wall, gate, or hedge D E:DIES 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 ci checklist to use when applying for 0 Certificate of Appropr!ateiiess: ATTACHMENTS REQUIRED: i SURVEY OF THE PROPERTY ONE SET OF PLANS (NO LARGER THAN 11x17) i MATERIAL SEPECIFICA'TION PHOTOS OF THE MAIN FACADE, FRONT AND SIDES MANUFACTURER'S CUT SHEET, SHOP DPA\JVIiNG OR PHOTOGRAPHS OF THE PROPOSED MATERIAL (COLOR) HISTORIC PICTURE !F AVAILABLE ie or t\l..aini. Ehstor is Desi_r c;t id::ii ;• Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk 5,°ctr..n =l 2 - d3 Attachment: 5274 - Exhibit A Analysis (5274 : SCOA - 452 NE 39 ST) Packet Pg. 203 3/27/2019 • Miami, FL Code of Ordinances Submitted into the public • record for item(s) PZ.21 Sec. 23-1. - Intent and purpose. on 03/28/2019 , City Clerk (a) The intent of this chapter is to preserve and protect the heritage of the city through the identification, evaluation, rehabilitation, adaptive use, restoration, and public awareness of Miami's historic, architectural, and archaeological resources. This chapter is further intended to: (1) Effect and accomplish the protection, enhancement, perpetuation, and use of structures, landscape features, archaeological and pale ontological resources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the city's historic, cultural, archaeological, pale ontological, aesthetic, and architectural heritage. (2) Foster civic pride in the accomplishments of the past. (3) Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods. (4) Stabilize and improve property values in neighborhoods and in the city. (5) Protect and enhance the city's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy. (6) Promote the use of historic resources, historic districts, and archaeological sites and zones for the education, pleasure, and welfare of the people of the city. (b) The purpose of this chapter is to: (1) Provide the framework and legal mechanism for identifying and designating those properties that have major significance in the city's historic, cultural, archaeological, paleontological, aesthetic, and architectural heritage. (2) Provide a mechanism whereby the HEPB may, in the interest of historic preservation, waive certain zoning requirements for those existing structures deemed individually significant, or "contributing" within a designated historic district, or a thematically -related historic resource within a multiple property designation. (3) Provide a mechanism whereby the historic and environmental preservation board may, in the interests of historic preservation, allow signage which has been deemed "historic" to remain, and be repaired, restored, relocated, structurally altered, or reconstructed. (4) Through the historic preservation exception or exclusion, provide mechanisms for the granting of certain uses when the granting of such use is necessary to encourage or assure the continued preservation of the individually designated historic resource, or "contributing" building within a historic district, or a thematically -related historic resource within a multiple property designation. (5) Provide an incentive for historic resources, and those deemed "eligible" by the city HEPB for historic designation, known as "Transfer of Development Rights and Density for Historic Resources." (6) Establish minimum standards to qualify eligible resources, that while not yet officially locally designated under the provisions of this chapter, qualify as eligible for listing and thereby may apply for transfer of development rights and density, provided that the resource is formally listed in the city register of historic places within one year from the date of the historic and environmental preservation board's review of the application. (7) Establish procedures for the review of nominations to the national register of historic places as governed by the requirements of the state division of historical resources. (8) Assure that alterations and new construction within designated historic sites, historic districts, multiple property designations, and archaeological zones are compatible with the property's historic character. 1/2 •3/27/2019 Miami, FL Code of Ordinances (c) Pursuant to subsection 16A-3(2)(c) of the Code of Miami -Dade County, F orida, the city expressly reserves and ret jurisdiction over archaeological zones and sites within the city. (Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13180, § 2, 5-27-10; Ord. No. 13537, § 2, 7-23-15; Ord. 'o. 13712, § 2, 11-16-17; Ord. No. 13785, § 2, 9-13-18) Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk 2/2 • •Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk PRESERVATION OFFICE HISTORIC DESIGN GUIDELINES 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. The City of Miami's Historic Design Guidelines were adopted by the Historic and Environmental Preservation Board on June 7, 2016. CITY OF MIAMI l PRESERVATION OFFICE HISTORIC DESIGN GUIDELINES • . SECTION 1: INTRODUCTION AND GENERAL INFORMATION The Historic Design Guidelines are based on the Secretary of the Interior's Standards for the Treatment of Historic Properties. These standards were created with the intent to promote responsible preservation practices that help protect our nation's irreplaceable historic resources. There are four treatment approaches provided by the Standards which include the following in hierarchical order: 1. PRESERVATION A high premium is placed on the retention of all historic fabric through conservation, maintenance, and repair. It reflects a building's continuum over time, through successive occupancies, and the respectful changes and alterations that are made. 2. REHABILIATION Emphasis is placed on the retention and repair of historic materials, but more latitude is provided for replacement because it is assumed the property is more deteriorated prior to work. Both Preservation and Rehabilitation treatments focus on the preservation of those materials, features, finishes, spaces, and special relationships that, together, give a property its character 3. RESTORATION Focus is placed on the retention of materials from the most significant time in a property's history, while permitting the removal of materials from other periods. 4. RECONSTRUCTION Establishes limited opportunities to re-create a non -surviving site, landscape, building, structure, or object in all new materials. According to the National Park Servic , a historic reso rye or property is any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in the National Register of Historic Places; such terms include artifacts, records, and remains which are relatedto such a district, site, building, structure, or object. Prior to making plans, one shah understand the historic property in question by becoming familiar with its historical context, architectural style, period of construction, technology used and craftsmanship, character defining features, materials, integrity, setting, location, and designer or builder, if known. After conducting preliminary research, the level of significance, integrity, and physical condition shall be established to determine the appropriate treatment and approach for the historic property in question and the appropriateness of the proposed work. Structures are built or remodeled in order to suit the needs and lifestyles of new and existing residents and tenants; as a result, the neighborhood character gradually changes over time. When a change is proposed in a historic neighborhood, it is essential to properly balance that change with respect for the property's own style, features, and the characteristics of surrounding properties and neighborhood to keep the sense of place that the historic district conveys. City of Miami, Historic Design Guidelines Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Section 1.1 - 2 t 1 t 1 • • SECTION 1: INTRODUCTION AND GENERAL INFORMATION USING THE HISTORIC DESIGN GUIDELINES The Historic Design Guidelines for the City of Miami apply to all exterior* modifications to structures that are designated as an Individual Historic Resource or within a Historic District. When proposing a repair, restoration, or alteration to one of these historic properties that affects the exterior of the property, a Certificate of Appropriateness (COA) must be obtained through the Historic Preservation Office. Throughout the Historic Design Guidelines are lists of repair, restoration, or alteration application types that could be approved administratively or if a project requires approval from the Historic and Environmental Preservation Board (HEPB). Administrative approvals are for projects that are relatively simple in nature, there is no charge to process these applications and can typically be processed during our regular walk-in hours, Monday through Friday 8-11:30am. If an application is more substantial in nature or disagrees with the Historic Design Guidelines, it will require the application to request approval from the HEPB. The applicant must apply to the HEPB by the submittal deadline each month with Hearing Boards and Preservation Staff for consideration on the next available HEPB Meeting Agenda. If you have questions pertaining to the level of work that is proposed and whether or not it can be approved by staff administratively or may require HEPB approval, contact the Preservation Office directly for additional information. Applications for our standard Certificate of Appropriateness and HEPB Applications can be found on our website: WHICH APPLICATION DO I NEED? Examples of Administrative and HEPB Applications Administrative COA (There is no charge for the HEPB Application (Current Fees are outlined in processing of this type of application) Chapter 62 of the City Code) Replacement of aged or deteriorated exterior materials or surface finishes to match the original. Change or alteration to the structure's architectural style. Replacement or new fencing for the side and backyard with appropriate material and in conformance with the Historic Design Guidelines. Foundation, sidewalk, driveway, or patio repair. Any site work visible from the public right of way, including but not limited to the installation of pools, fences (not meeting guidelines), addition of driveways and walkways. Roof replacement utilizing roofing that matches the historic materials in style and color Alteration of a roof line or use of any roofing material other than the original material. Glass window replacement with no change in appearance. Window and door repair with same material. Replacement windows which return to the original appearance. Change or alteration to the size, shape, or style of windows and doors except when this change returns windows and doors to the original dimension and/or configuration. Paint color that is consistent with the district on previously painted surfaces. Paint color or paint application on surfaces that is inconsistent with the Design Guidelines. Partial demolition of later additions to the rear of the structure. Demolition, including partial demolitions and the demolition of auxiliary structures. Additions to the rear of the existing structure that are not visible to the street and follow the Secretary of the Interior's Standards for new additions. Additions to or alteration of an existing structure which increases the square footage of the structure or otherwise alters its size, height, contour, or outline. New construction of an auxiliary structure that is not visible from the right-of-way. New construction of a building, or construction auxiliary structure visible from the right-of-way. *There are a limited number of Individual Historic Resources that also have their interior spaces designated. Contact the Preservation Office to check if your Individually Designated Historic Resource is among these properties. City of Miami, Historic Design Guidelines Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk Section 1.1 - 3 • . SECTION 4.2: FENCES, WALLS, GATES, AND HEDGES FENCES, WALLS, 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 fagade 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 s in) *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 4 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk • • SECTION 4.2: FENCES, WALLS, GATES, AND HEDGES 1 1 1 1 1 t t 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 1 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 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: n SURVEY OF THE PROPERTY El ONE SET OF PLANS (NO LARGER THAN 11x17) LJ MATERIAL SEPECIFICATION CI PHOTOS OF THE MAIN FACADE, FRONT AND SIDES I= MANUFACTURER'S CUT SHEET, SHOP DRAWING OR PHOTOGRAPHS OF THE PROPOSED MATERIAL (COLOR) HISTORIC PICTURE IF AVAILABLE Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk City of Miami, Historic Design Guidelines Section 4.2 - 43 Submitted into the public record for item(s) P on 03/28/2019 , City Clerk SECTION 4.3: LANDSCAPING AND OTHER SSE IMPROVEMENTS A CERTIFICATE OF APPROPRIATENESS IS REQUIRED WHEN... • Removal of significant landscape features, hardscape, or streetscape • Installation of significant landscape features, hardscape, or streetscape • Installation of new mechanical equipment and/or screening • Installation of new pools, decks, patios, or other at grade improvements ADMINISTRATIVE APPROVAL IS POSSIBLE FOR: • Removal of landscape features, hardscape, or streetscape Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk • Installation of landscape features, hardscape, or streetscape • Installation of new mechanical equipment and/or screening • Installation of any features that are not visible from the public right-of-way, as determined by staff HEP BOARD APPROVAL IS REQUIRED FOR: • Removal of significant landscape features, hardscape, or streetscape • Installation of significant landscape features, hardscape, or streetscape • Installation of any features that are not consistent with the Historic Design Guidelines APPLICATION CHECKLIST Below is a checklist to use when applying for a Certificate of Appropriateness: IS THE LANDSCAPING ORIGINAL TO THE PROPERTY? O YES NO* *If no, contact staff prior to creating a final plan. EXISTING LANDSCAPING CONDITION: Li EXCELENT O GOOD O FAIR O POOR ATTACHMENTS REQUIRED: O SURVEY OF THE PROPERTY n ONE SET OF LANDSCAPE PLANS (11X17) DRAWN TO SCALE SPECIFICATION OF PLANTING MATERIALS (CAN BE INCLUDED IN PLANS) O PHOTOS OF THE MAIN FACADE, FRONT AND SIDES TREE PROTECTION For all tree removal, relocation, and pruning (more than 25%), and planting in the right-of-way require a tree permit through the Environmental Resources Division. For additional information, please visit their website: http://www.miamigov.com/planning/treeprotection.html City of Miami, Historic Design Guidelines Section 4.3 - 46 1 ri r i111111 i M— M M i M OM OM —— r s r MI— stool auiluO p: >pap A113 ' 6TOZ/8Z/£0 uo ' TZ'Zd (s)waii Joj pjooaa ougnd ay; olu! pauiwgns 1U00z Du SL6L 11 IA bS 013ZT.E 1�bSLSLZ. earvr eal ear •u 0 Z ; £ tieH syle 11fJt1 L . -nt"t�2, 3IFD'aIS' I'I1fd3aIS3 ash puel ' ,fl Z9-2£ auoz fde LL L LL ld IS 6L ssaippb i 1S` 1 3I9`'OOA3td PIGS IIId''td+ Sal PJ ;'S'ILLId ' I+ 1S��f ssalppy i a4'4t atJZ )Iti d �IIC :uotsi 01 Z0' L L 0-6 E ,L-1 11111 MI r-- M 1 s- I 1 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Submitted into the public record for item(s) PZ.21 ' on 03/38/2019 , City Clerk fl 0 n L Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk In 3/27/2019 •I ill Miami, FL Code of Ordinances Sec. 23-6.2. - Certificates of appropriateness. Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk (a) Certificates of appropriateness, when required. A certificate. of appropriateness shall be required for any new construction, alteration, relocation, or demolition within a designated historic site or historic district or for thematically -related historic resources within a multiple property designation. A certificate of appropriateness shall also be required for exceptions, or waivers or exclusion from the provisions of the zoning code, or any successor zoning code. A certificate to dig shall be required for any ground disturbing activity within a designated archaeological site or archaeological zone or within an archaeological conservation area. All certificates of appropriateness and certificates to dig shall be subject to the applicable criteria in this section and any other applicable criteria specified in this chapter, as amended. No permits shall be issued by the building department for any work requiring a certificate of appropriateness unless such work is in conformance with such certificate. (b) Procedures for issuing certificates of appropriateness. (1) Pre -application conference(s). Before submitting an application for a certificate of appropriateness, an applicant is encouraged to confer with the preservation officer to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. At the request of the applicant, the preservation officer, or any member of the board, an additional pre -application conference shall be held between the applicant and the board or its designated representative. The purpose of such conference shall be to further discuss and clarify preservation objectives and design guidelines in cases that may not conform to established objectives and guidelines. In no case, however, shall any statement or representation made prior to the official application review be binding on the board, the city commission, or any city department. (2) Application for certificate of appropriateness. The applicant shall submit to the preservation officer an application together with supporting exhibits, other materials, and any applicable fees as required by the rules of procedure of the board. No application shall be deemed to be complete until all supporting materials required have been provided and any established fees paid. (3) Standard certificates of appropriateness. Where the action proposed in the application is a minor improvement, as specified by the rules of procedure or the board, and is in accord with the guidelines for issuing certificates of appropriateness as set forth subsection 23-7(c), the preservation officer shall, within ten calendar days of receipt of the complete application, issue a standard certificate of appropriateness with or without conditions, indicating in writing, conformity with said guidelines. Following such approval, permits dependent upon it may be issued if otherwise lawful. An applicant may request that the application be initially classified as a special certificate of appropriateness if they wish to have the matter heard by the HEPB. (4) Special certificates of appropriateness. Where the action proposed in an application involves a major addition, alteration, relocation, or demolition, as specified by the rules of procedure of the board; where the preservation officer finds that the action proposed in an application involving a minor alteration is not clearly in accord with the guidelines as set forth in subsection (c); or when the applicant is requesting a waiver, or exception or exclusion from the requirements of the zoning code the application shall be classified as a special certificate of appropriateness, and the following procedures shall govern: a. Public hearing. When a complete application is received, the preservation officer shall place the application on the next regularly scheduled meeting of the board. The board shall hold a public hearing to review the application. All public hearings on all certificates of appropriateness conducted by the board and hearings on appeals of board decisions to the city commission regarding certificates of appropriateness shall be noticed as follows: 1. The applicant shall be notified by mail at least ten calendar days prior to the hearing. 2. Any individual or organization requesting such notification and paying any established fees therefore shall be notified by mail at least ten calendar days prior to the hearing. 1/6 3/27/2019 1 Miami, FL Code of Ordinances 3. An advertisement shall be placed in a newspaper at least teii'Calendar days prior to the hearing. 4. Any additional notice deemed appropriate by the board. b. Decision of the board. The decision of the board shall be based upon the guidelines set forth in subsection (c), as well as the general purpose and intent of this chapter and any specific design guidelines officially adopted for the particular historic resource, historic district, multiple property designation, or archaeological site or zone. No decision of the board shall result in an unreasonable or undue economic hardship for the owner. The board may seek technical advice from outside its members on any application. The decision of the board shall include a complete description of its findings, and shall direct one of the following actions: 1. Issuance of a special certificate of appropriateness for the work proposed by the applicant; 2. Issuance of a special certificate of appropriateness with specified modifications and conditions; 3. Denial of a special certificate of appropriateness, including denial of a special certificate of appropriateness for demolition; or 4. Issuance of a special certificate of appropriateness with a deferred effective date of up to six (6) months in cases of demolition or relocation of a contributing structure or landscape feature, pursuant to the provision of special certificates of appropriateness for demolition in this section or up to forty-five (45) calendar days for any work potentially affecting an archaeological site, archaeological zone, or archaeological conservation area, pursuant to the provisions of special certificates of appropriateness for demolition in this section. 5. Issuance of a written communication prepared by the preservation officer to the director of the planning department and the zoning administrator that sets out the exact parameters for the waiver (s) from the provisions of the Miami 21 code and the reasons wherefore, and/or their decision as to the exception allowed within a certain transect, and their reasons wherefore. 6. Accelerated certificate of appropriateness. There are occasions when an applicant is proposing physical changes to a resource that is simultaneously being considered for local historic designation. Under those circumstances, and only if the proposed changes are of a substantial nature, the historic preservation officer shall follow the procedures specified for a special certificate of appropriateness. A hearing for an accelerated certificate of appropriateness will be preceded by the preliminary designation report, in order to establish whether or not the resource appears to meet the criteria for local historic designation. (5) Accelerated certificate of appropriateness. When an applicant is proposing physical changes to a resource that is simultaneously being considered for local historic designation, if the proposed changes are of a substantial nature, the preservation officer shall follow the procedures specified for a special certificate of appropriateness. A hearing for an accelerated certificate of appropriateness will be preceded by the preliminary designation report, in order to establish whether the resource appears to meet the criteria for local historic designation. (c) Time limitations, If no action is taken upon an application by the board within 60 calendar days, excluding those days within the month of August, from the receipt of a complete application, such application shall be deemed to have been approved, and the preservation officer shall authorize issuance of any permit dependent upon such certification, if otherwise lawful, recording as authorization the provisions of this section. This time limit may be waived at any time by mutual consent of the applicant and the board. However, should in the opinion of the preservation officer or the historic and environmental preservation board such delays be attributable to the applicant and/or their agent, this time limitation shall not apply, nor shall the application be considered approved. (d) Records. Written copies of all decisions and certificates of appropriateness shall be filed with the planning department. Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk 2/6 3/27/2019 1 Miami, FL Code of Ordinances (e) Appeals. The applicant, the panning department, or any aggrieved party m appeal to the city commission any decisi board on matters relating to designations and certificates of appropriateness by filing within fifteen (15) calendar days date of the decision a written notice of appeal with the hearing boards department, with a copy to the preservation ofi notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each < be accompanied by a fee of $525.00, plus $3.50 per mailed notice required pursuant to 23-4. The city commission shal consider all facts material to the appeal and render a decision as promptly as possible. The appeal shall be de novo he the city commission may consider new evidence or materials. The city commission may affirm, modify, or reverse the I decision. The decision of the city commission shall constitute final administrative review, and no petition for rehearing reconsideration shall be considered by the city. Appeals from decisions of the city commission may be made to the col provided by the Florida Rules of Appellate Procedure. (f) Changes in approved work. Any change in work proposed subsequent to the issuance of a certificate of • appropriateness shall be reviewed by the preservation officer. If the preservation officer finds that the proposed change does not materially affect the property's historic character or that the proposed change is in accord with approved guidelines, standards, and certificates of appropriateness, the officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with guidelines, standards, or certificates of appropriateness previously approved by the board, a new application for a special certificate of appropriateness shall be required. (g) Expiration of certificates of appropriateness. Any certificate of appropriateness issued pursuant to the provisions of this section shall expire 12 months from the date of issuance, unless the authorized work is commenced within this time period, or a building permit has been obtained. The preservation officer may grant an extension of time not to exceed 12 months upon written request by the applicant, unless the board's guidelines as they may relate to the authorized work have been amended. (h) Guidelines for issuing certificates of appropriateness. (1) Alteration of existing structures, new construction. Generally, for applications relating to alterations or new construction as required in subsection (a) the proposed work shall not adversely affect the historic, architectural, or aesthetic character of the subject structure or the relationship and congruity between the subject structure and its neighboring structures and surroundings, including but not limited to form, spacing, height, yards, materials, color, or rhythm and pattern of window and door openings in building facades; nor shall the proposed work adversely affect the special character or special historic, architectural or aesthetic interest or value of the overall historic site, historic district, or multiple property designation. Except where special standards and guidelines have been specified in the designation of a particular historic resource, historic district, or multiple property designation, or where the board has subsequently adopted additional standards and guidelines for a particular designated historic resource, historic district, or multiple property designation, decisions relating to alterations or new construction shall be guided by the U.S. Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." (2) Applications for a waiver, or exception or exclusion. An application for a waiver(s), or exception or exclusion from the provisions of the Miami 21 Code will be made on forms provided by the planning department, and will be processed and noticed in accordance with the procedures for a special certificate of appropriateness. (3) Ground disturbing activity in archeological zones, archeological sites, or archeological conservation areas. a. No certificate of appropriateness shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the city's archeologist has reviewed the application and made his/her recommendation concerning the required scope of archeological work. The board may require any or all of the following: 1. Scientific excavation and evaluation of the site at the applicant's expense by an archeologist approved by the board. Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 3/6 �3/27/2019 U_ 0_ a) 0 C v 4-0 N a E a) O 0 0 v a) V 4--. C) of 0 N 0 m 0 c O Miami, FL Code of Ordinances 2. An archeolo cal survey at the applicant's expense conducte y an archeologist approved by the boat assessment of the significance of the archeological site and an analysis of the impact of the proposed site. 3. Proposal for mitigation measures. 4. Protection or preservation of all or part of the archaeological site for green space, if the site is of exceptional importance and such denial would not unreasonably restrict the primary use of the property. b. The board may issue a certificate to dig with a delayed effective date of up to 45 calendar days to allow any necessary site excavation or assessment. '4) Unreasonable or undue economic hardship. a. Where strict enforcement of the provisions of this section would result in an unreasonable or undue economic hardship to the applicant, the board shall have the power to vary or modify the provisions of this section, including adopted guidelines. The fact that compliance would result in some increase in costs shall not be considered unreasonable or undue economic hardship if the use of the property is still economically viable. b. Any applicant wishing to assert unreasonable or undue hardship must submit as a part of the application for a certificate of appropriateness a written statement presenting the factual data establishing such economic hardship. The written statement presenting factual data shall be in the form of a sworn affidavit containing the following information: 1. The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased; 2. The assessed value of the land and improvements thereon according to the three most recent assessments; 3. The amount of real estate taxes for the previous three years; 4. All appraisals obtained by the owner or applicant within the previous three years in connection with the potential or actual purchase, financing or ownership of the property; 5. All listings of the property for sale or rent within the previous three years, prices asked and offers received, if any; 6. For income producing property only, a profit and loss statement for the property containing the annual gross income for the previous three years; itemized expenses, including operating and maintenance costs, for the previous three years; annual cash flow for the previous three years; and proof that the owner has made reasonable efforts to obtain a reasonable rate of return on the owner's investment and labor; 7. Any consideration by the applicant as to uses or adaptive uses of the property; c. In the event that any of the required information is not reasonably available to the applicant or cannot be obtained, the applicant shall file with the affidavit a statement of the information that cannot be obtained and shall described the reasons why such information is unavailable. d. Notwithstanding the submission of the above information, the board may require, at the applicant's expense, additional evidence, including, but not limited to, architectural, structural and/or financial evaluations or studies as are reasonably necessary in the opinion of the board to determine the economic feasibility of rehabilitation of the structure. (i) Demolition by neglect. (1) Demolition by neglect prohibited,. affirmative maintenance required. The owner(s) of a property designated 4/6 3/27/2019 a) E V) E a) 0 0 U a, L 1. Miami, FL Code of Ordinances historic pursuant to thi chapter, which includes a property either indi ually designated, designated as a contributing property within a historic district or designated as a thematically -related historic resource within a Y multiple property designation as defined by this chapter, shall comply with all applicable codes, laws, and L a) u regulations governing the maintenance of the property. It is the intention of this section to preserve from -, deliberate negligence, or inadvertent neglect the exterior features of property designated historic and the U interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. cAll such properties shall be preserved against such decay and deterioration and shall be free from structural rsi defects through prompt corrections of any of the following defects: co Ma. Facades which may fall or damage the subject property, adjoining property, or injure members of the public. b. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls, or other vertical structural supports. c. Members of ceilings, roofs, or other horizontal members which sag, split, or buckle due to defective material or deterioration. d. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken or missing windows or doors. e. Any fault or defect in the property which renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. f. Defective or insufficient weather protection which jeopardizes the integrity of exterior or interior walls, roofs, or foundation, including lack of paint or weathering due to lack of paint or protective covering. g. Any structure designated historic which is not properly secured under the Florida Building Code or other technical codes and is accessible to the general public; or, any fault or defect on the property designated historic that renders it structurally unsafe or not properly watertight. h. Spalling of the concrete of any portion of the interior or exterior of the structure designated historic. (2) Unreasonable or undue economic hardship. A property owner who believes that application of this section creates an unreasonable or undue economic hardship, as that term is defined by this chapter, may apply for a special certificate of appropriateness to the board within 15 days of having notice or knowledge of any defect(s) referred to in this section. The procedure employed by the board shall be the same as for the consideration of a special certificate of appropriateness under this chapter. The board may grant the owner an extension of time to comply with corrective work or limit the scope of the corrective work. (3) Enforcement. a. Notice of administrative enforcement. Enforcement shall be as provided pursuant to Chapter 2, Article X, entitled "Code Enforcement," of the City of Miami Code, as amended. b. Civil actions for injunction and remedial relief, lien on property. In addition to code enforcement remedies, if the property owner fails to take corrective action within the time prescribed, the city may file any civil action ordering the property owner to take corrective actions and the city may seek damages and seek any other relief available under Florida Law. The court may order an injunction providing such remedies if the city proves that the owner has violated this ordinance and such violation threatens the integrity or existence of a designated historic property. In the event that a court order authorizes that the city enter into the property and take corrective action, the cost of the corrective action incurred by the city shall be a municipal special assessment lien against the property. Such lien shall, until fully paid and discharged, be of equal rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles, claims in, to or against the real property involved. Such liens may be instituted and enforced pursuant to Chapter 173, Florida Statutes, as amended, or the 5/6 3/27/2019 1 Miami, FL Code of Ordinances collection and en cement of payment thereof may be accomp ed by any other method authorized by law. The property owner shall pay all costs of collection, including reasonable attorney's fees, service charges, civil penalties, and liens imposed by virtue of this ordinance. 'Ord. No. 13008, § 2, 6-26-08; Ord. No. 13116, § 2, 10-22-09; Ord. No. 13133, § 1, 1-28-10; Ord. No. 13142, § 10, 2-11-10; Ord. No. 1 3180, § 2, 5-27-10; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13712, § 2, 11-16-17) Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk 6/6 1 MarCh 26, 2019 • • Chakrrian Ken Russell City of Miami District #2 Dear Commissioner Russell. Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk I respectfully ask that you support the appeal of the HEPB diec:ision of 1/8119 for the property at 452 NE 39th St, Historic designated properties by the Miami21 zoning code require "visibility" to historic structure. The layers of plants, vies On the fz.zca(4.,c on-d tall hedges at this iodation provide no visibility of the historic resource in my neighborhood_ Of most concern to me arid my loved ones is that the HEPB granted 9.ti foot tall hedges at the Northwest corner of the property where a maximum ot 5 feet 'tall hedges are allowed. The • approaching the painted designated crosswalk between 448 NE 39th St and 452 NE 39th SI, traffic pdsr....ing thru the alley approaching NE 39th St has zero visibility of pedestrians We walk our dog daily past this area and although the hedges have recently been lowered from 12 feet tali to 10 feet tali; it remains unsafe for pedestrians passing by. I am a resident of 3806 NE 6th Ave. lheretore. I have rights to access the 10 foot wide drive that has been closed and encroached upon by more than 8 feet prohibiting vehicular and pedestrian access that is platted in part to the property whore I live. Please restore tne north half of N. Bayshore dri,de for mine and my neighbors rightful use. Additionaily, there are multiple encroachments aSsocizited with the the historic propeq along the public sideviaik. A of this writing have not been• addressed. I do not propose to know all the solutions but in general the over -grown area r,s not safe because of the conditions as indicated by the Miami Police Safety & Security Specialist who evaluated the situation as a tax payer service to the community. trust yours and your coiie.agues on the commission io wle n the best interests of our neighborhood residents and visitors, 1 Ray Hart With much respect, 3806 NE 6th Ave. Miami, FL 3313? 1 • Onairman Commi-ssioner Ken Russell • CiitV 01 Miami Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk 325i2019 Mayor' F lands ..3uareL Commsioner Kcon Haidernon Commissioner Vilifredo C;ort COmmis,sioner kilanolo Reyes Commissioner Joe Carol) RE: My Suppon of the Appeal of the 1?3/19 FIEFS Final Decision - 452 NE 39th St - Miami 111 Commissioner Russell I Ow) fliyhOritt al 5437 NE 38th L lot tr21 ref the Wat of tvlagnolia Parr: with owileisttip ihe privaie drive knoyin a5 N. Bayshore Drive vir1Ch has recency be blocked, fenced, gated & ocked by tlx: property owner of Itw historic: designated property at 452 NE 39th St. The property Owner has place tall hedgeS, wooden fencing and trees eight ieet over the private drive. This drive was unlit recently my ac.r.eF„s to NE 39th from my hone. The drive has bc-en completely blocked without my pernlisiofl. have not anct would imit give peimissiort foraneighbOr(5) to take land that I o'svn in partnership iitti wittythe adjacent property owners I walk through the neighborhood sidewalks frequently with rny dog and my child. The sidewalk in -front of 452 NE 30th St. is narrow from branches and plant pots that hang over the sidewalk. The area has so many plants that it is dark even in the claytirno and feekii:i urisalo to4 me and my child re, walk in the afe,a. I am a singlE.: mother and I am afraid to walk on the sAewalk by this lierne esp.91cial1y in the dark. Ire plants by the sider.valk are very big and drivers car inot -.Wiwi I want to cross the alley. The plants Should be lower to: safety along the front and :3IriOS as I arri atso part owner of the ne.IWOrk Of tvlagDolia Park alleys and drive -Nays. My neighbors have complained fOr a i4c>ng time to the city but the situation (.,,niy gets worse. Even the ovmer of the historic riauSe was i'Otit; by a man with gtin in the dark area on the siciev.-Jtk. I havo learned that there are many other thins that are not allowed with tbiS property brit am hothere.rt most by these thing irr; thonr5t tinic novc ever wiitieri to r'Hi 11y ul CvIrpli:;siorier one I strou10 appleCiate It yOu •Nould Consider tilt advice of DiJ7 lawyer. The purpOSe. of historical piOperly designation is that people tyrant to 'Jct.? lire binld jand enjoy the ari:riitecture and leol sale in the area. plan to attend the hearing 3,28,119 11 c:an charroo My travel plans for my son's spring break. Thank you 1 Stela Peraita 5-07 Northeast 39th Stree.t, Miamj, FL 331.37 Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk March 28, 2019 City of Miami Commissioners: Ken Russell - Chairman - District #2 Wifredo Gort - Vice Chairman Keon Hardemon Manolo Reyes joe Carollo Appeal #5543 - Historic House at 452 NE 39th St City Commissioners: My name is Nancy Niemes of Cooper City, FL and I have been visiting the neighborhood many times since relocating to South Florida from Denver, CO. last year. The property in discussion here has many inappropriate issues that have risen to your level for decisions that address the matters with the best interests of everyone who lives around and visits this mini neighborhood. The property owner Ms Pittman has intimidated me, video recorded me on the sidewalks as I come and go and has bullied two of my children and even video taped my four toddler grandchildren while roasting marsh mellows in the backyard next door at the home of Geoffrey Bash during a neighborhood dinner gathering last Friday. All of that aside, it is a fact that the sidewalk area is dark and overgrown like a forest by the historical house. It is simply not safe to walk by this property and the lady is known to video tape, intimidate, bully and even attempt to stop people from parking on the street by her house. Submitted into the public • record for item(s) PZ.21 . on 03/28/2019 , City Clerk 111 ll lam afraid topark near her hopse. She has used Personally, a a . � profanity towards one girl who lives down the street. By her own behavior she has created any number of enemies on the block by banning from, taping and stalking people using the sidewalk. The sidewalk has plants reachingfar over it that are sharp and also P from above like a tunnel. The other side has vines and plants growing in a disorganized manner on the trees and and the ground. It's the only space like it in the area. Everyone else has clear sidewalk to pass very open and light. Overgrown areas should not be allowed for safety purposes. This is the most unsafe area of the entire street and even Mr. Pittman was robbed of his watch being held at gun point on the dangerous sidewalk there. 1 1 SinEerely, 1 1 1 1 1 1 1 have a number of friends who live on this street and they need your leadership in evaluating what can be done to make it safe for anybody who wants to walk or park their car in the area. There are a lot of people coming to the park by the water and they too should be allowed to use the sidewalks safely without being harassed by Ms Pittman_ P.S. I look forward to speaking to you tomorrow at the public hearing. You may contact me at niemesnancy@yahoo.com if I may be able to answer any questions helpful in this matter. FOR THER APPROVAL FORABfHORRg1ON TOAU778RMES INA I.ELYCOlS7R0C71070., O UATE9S07NEALME NO7E0. NOSE[RJNAS7.OTATrJMr6TT TOLOGITEFOOIING•WDOR ie 1LUl'Aa0TOVS. • 7ENCE OOTERwito N070EIERUMED. • MS PLAN OF SURVEY, HAS BEENP00pa50OFOR TIE IDCGISNEU5E OF 7NE ENURES CA 7:4NEO1004£08L THE CE77994;4 ^'18 NOr:X,c70 TON. UIRAUEORVn •TE FM.1.0.O VAPS HAVEDF" i TNEiORENOESCOD1LAND TO 0ESITUATED IN c4. TDNR O• 009 6RA1T'MAIE.4 WRI001_ OATEOF FD7NL91MLOC OASE R.000 a cv.o n080 UN 7355 NW 97 AV SURE 200 M7AM7 FLORIDA 33172 74 HONE (305) 204-2697 FAX: (305) 264-0229 DRAWN SY: AL. Arrrux atrur arz Jnr--. LAND SURVEYORS SURVEY No. 18.0001006. SHEET No. 7 OF 1 LEGAL NOTES 70 ACCOMPANY SKETCH OF SURVEY (SURVEY): • ma ma DONS OF TIEASAAACT OF TALE MLUNAVE TOW MADE 7O DETERUNE REGDAOr'D INSTAIMEA•',5IF4NY. AFFTOTINO TIE PROSI.TRfY. • tk(S SURVEYS SWJJECTCODEDICATIONS. LAIRATONS RESTR1G3ONS. RESERVATIONS CR EASEMJ TS OF RECORD. -LEGAL De3CRIT.rnol PROTDEO OV MOW ORATES.. IDLE 0319A133'. •6OUNMRYSURVYIAEAN5R ORAWINOANLV OR A GRAPRC REPRESEN:ATON OF THE A - AFC SURVEY V4212XPERFORLI®8I THE ROD. COIRDDEORAW.VATA SHOWN SCALEANO A.C. 00y APA::ci•AY [A!. OR MOTTOS^J(E _ A••* R - -•. •FASENEWS AS SHOWN AREPFF P4A7800X MESSOINERYA1E9OTEO. L:R•- • ME 7E7WENCROACHMBCY9ANS MIME ONNIDAD(WEGROO8)SMACIACHNENT. - A14.004 V2.0. •4,RCHREcTSSNALt YERA[v20HING,7L4ULAT70IS.AmrocTIDNS4N0 SEreAcr'SAoO atK.aL7 OIEY VAIL BE RB 177951Bf5OF SUMMING PLOTPNI50.4711Tr1ECORRECINVRMAl_N -- no.- p•,•:Lu1N:. fAt•r CGf r rf1-Z -rr.lwr01 c - 07470 - CATP :•rYJai:. C.. - ;SA4 r71 F.. - f .21:. 1:i1).'I'::A^..•t. r :^ntl� BOUNDARY SURVEY GRAPHIC SCALE -20 0 10 20 ;0 80 1 INCH 20 FEET ND ABBREVIATIONS ANO 1MEAMNGS .�..'L.- 1044;r1T. +. CG: rxoi=rp rsca tr : ...M.:1 cP:.rixre r L ,. r. . ru: ¢ na:14 . PTJNA.!. xA;v: AT • A:0I O.L.:a::l " • :w.: a:1.. a.:nw•a: iisvr.. :. ri •Sr2:l F:.L8F Mr.•.r.'rr. i Yr[r TFA-rIvA1.so rar. nrli•. i . AVYr n ar •LI r::: vnr:::.i IACI. 3310-, ram. - Na 01:. atI N1'A': NI:. L^n•txiaverr. - Ivrn Teen roc. rlrN Ar.. LEGAL DESCRIPTION: /34 Submitted into the public record for item(s) PZ.Z1 . on 03/28/2019 , City Cier( . p' �Dr 4a — 1 w ai W REC. PLAT 65-105) ti ., i Z5 4 1 [ :`h .-a i Iy. ▪ m 1 aLG3l a ^ LOCATION SKETCH SURVEY OF LOT20 OF MAGNOLIA PARK 2ND AND ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE FL-47600X S. PAGE 25, OFTHE PUBUCRECORDS OFMIAMI-DADS COUNTY, FLORIDA PROPERTY ADDRESS: 452 NE39ST RAM; FL 23137 CFRTJFICA770NS: BARBARA PITTMAN SURVEYORS NOTES: 1). IF SH05F BEARINGS ARE REFERRED TO AN ASSUMED MERIDIAN, BY SAID FLAT IN THE DESCRIPTION OF THE PROPERLY. IF NOT. THEN BEARINGS ARE REFERRED 10 COUNTY, TOWNSHIP MAPS. 2).NORTHARROW BASED ON PLAT 37.ALL ELEVATIONS SHOWNARERFERREO TO NATIONAL GEODETIC VERTICALDATUMOF 7929 DADE COUNTY. BENCHMARK R C•243. LOCATOR : No. 3704 ELEVATION 1913 FEET OF N.G.V.C. OF (7929). 4I, THE CLOSUREINTHEBOUNDARY SURVEYIS ABOVE' 7.7600 FT. I HEREBY CERTIFY.• THAT 7NIS BOUNDARY SURVEY' OF THE PROPERTY DESCRIBED HEREON, ASRECENTLY SURVEYED AND DRAWN 12VDER MY SUPERVISION, COMPLIES WITH THEA6NIMU.M TECHNICAL STANDARDS ASSET FORTH BY THEFLORIOA BOARD OF PROFESSIOVAL LAND SURVEYORS IN CHAPTER 61G 77-6. FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472022 FLORIDA STATUTES. BY: St 11ro32018 GEORGE IBARRA (DATE OF FIELD WORK) PROFESSIONAL LAID SWNEYOR NO.:2534 STATE °FRC:RDA F7RM L8. 46044 (VALID COPIES OF THIS SURVEY WILL BEAR THE EMBOSSED SEAL OFTHE ATTESTING LAND SURVEYOR). REVISED ON: REVISED OK t£ rc•i25701r, too Amon:: ra_a- Ct....^-LT;C... rr. LIM, tar• cn. S1r. 1TRtDnn, •, . P-•EAarC R,iA,I1v'•lt. S .S. .1:Fa rT^ x.I. eta.. ruii'... r. [[--TrCp.r=A..• -_tiCI. Hr vi^ . .. ® .:AAlA, ra,r.._- iri -"vr. !r...t or r: fiV. irR_-. .N• r�R.L,.. TY:Cr,�. iat.C:Jrr3W7L::c.rYh01+4,:I.: u'::i. Wt.., LTArri. L1:r.• • x•a.x•: /Mr... ai.-r.Jx.r. • r MAT. • :am or r3.3r3,13r, :coo or N4, r. 1355 NW 97 AV SUITE 200 MIAMI FLORIDA 33172 TELEPHONE: (305) 264-2660 FAX: (305) 264-0229 DRAWN BY: AL. Nuutt tiururyors LAND SURVEYORS SURVEY No. 18-0001006-1 SHEET No. 1 OF 1 BOUNDARY SURVEY GRAPHIC SCALE -20 0 10 20 40 80 (IN FEE') 1 INCH = 20 FEET N.E. - 39th LOT - IS oDL HEDGES LOT. ASPHALT zn Pv6+r- (/ 5n cvae ®a{pB�L Bc ��__ J ' ®a�¢dSm791EE Na ,`. IIY'9i>tL+O'.® 100.00• L P� �alf��(ia P � A $ ��01�N \ \Ntok\ r,E O CAP BRION PAVERS 40.00' n i D ON.ATR= ®emu ORE, TOT-E LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY (SURVEY): - EXAMINATIONS OF THE ABSTRACT OF DTI FWII I HAVE TORE MAOF TU OFT. MINE RECORDED INSTRUMENTS. IF ANY AFFECTING THE PROPERTY . THIS SURVEY IS SUBJECT TO DEDICATIONS. LIMITATIONS RESTRICTIONS. RESERVATIONS OR EASEMENTS OF RECORD. LEGAL DESCRIPTION PROVIDED BY CLIENT OR ATTESTING TITLE COMPANY. - BOUNDARY SURVEY MEANS A DRAWING ANO.OR A GRAPHIC REPRESENTATION or TIIE SURVEY WORN PERFORMED IN THE FIELD COULD BE DRAWN AT A SHOWN SCALE AND OR NOT TO SCALE - EASEMENTS AS SHOWN ARE PER PLAT BOOM. UNLESS OTHERWISE NOTED - THE TERM -ENCROACHMENT MEANS VISIBLE ON AND ABOVE GROUND ENCROACHMENT . ARCHITECTS SHAI L VERITYIDNIN5, 965!!1 ADONS RESTRICTIONS AND SFTRACN.S AND THEY WEI OF RF.SPONSIBIFOF SUBMITTING PI OT PI AN.S WITH THE CORRFc,TINr0004 PION FOR TNFIR APPROVAL FOR MITHOR12ATION TO AUTHORITIES IN A NEW CONSTRUCTIONS UM FSS OTHERWISE NOTED. THIS PIRM HAS NOI AI TEMP.F0 TO OCA IE FOOTING AND.OR FOUNOAIION.S - TENCF OWNERSHIP NOT OFTFNMINFD THIS PLAN OF SURVEY. HAS BEEN PREPARED FOR THE FXCI USIVF USE OF THE ENIINFS NAMED HEREON THE CERTIFICATE DOES NOT FX/END TO ANY IINNAP60 PARTY • THE;NIP FI OOO MAPS HAVE DESIGNATED DM HERE IN OFSCRIBI 01 AND TONE SIDIAtEO IN IONE "X' COMMUNITY/PANEL/SUFFIX 120.1/0.10MA DATE OF FIRM PN.1100. BASF FL OOD ELEVATION N/A FIPTAP NO SAP B. 0 CAP 100 00' LOT.O V(NI FTONS MIT. DOES t PINY uNvbv n;iiw LOT .B MTANDERMG LINE LIPlie NO OAP SETBACK T4 R GENERAL URBAN IONE BUILDING SETBACK a. Principal Front 10 N min 6. Secondary Fronl 10 II m c. Side 0 N. or 5Itnen spurting a setback O. Rear 20 R min. Ifr Tdr /lell .1 Il,rod F, in r Fn,, •nn horg nol.. Fo.r vac i Over/Lod I667 I,nn ANN. Iriny,.nn. ,Cmhr. rI'npnmrr On dr, C.nrlhe,.r &,,!I•r.lnnn INil,hn Seed lo Dan nine men NriL•Mn.rl'r,dem ll.nF li rr,Ui IILight Nnll. km rm. limerei8.r Mani •4-nm.N Mr \'m.Ilr ,mlr..11 ail n I.l i'hom lIrrl F,mn: / H.,,mr, )nne PM. Rivet •.!-m,n mr Ihr An. ,rdr.,/ P.m n ABBREVIATIONS AND MEANINGS LEGAL DESCRIPTION: 14d Submitted into the public record for item(s) PZ.21 on 03/28/2019 , City Clerk • ss (R/W REC. PLAT 65-105) r BT 11, LOCATION SKETCH N.T.S. SURVEY OF LOT 20 OF MAGNOLIA PARK 2NO AMD ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE PLAT BOOK 5, PAGE 25. OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 452 NE 39 5T MIAMI, FL 33137 CERTIFICATIONS: BARBARA PITTMAN SURVEYOR'S NOTES: 1). IF SHOWN. BEARINGS ARE REFERRED TO AN ASSUMED MERIDIAN. BY SAID PLAT IN THE DESCRIPTION OF THE PROPERTY IF NOT. THEN BEARINGS ARE REFERRED TO COUNTY. IOWNSHIP MAPS. 2) NORTH ARROW BASED ON PLAT 3) ALL ELEVATIONS SHOWN ARE REFERRED TO NATIONAL GEODETIC VERTICAL DATUM OF 1929 DADE COUNTY BENCH MARK 00.243 LOCATOR • No 3104 ELEVA LION 7513 FEE 1 OF N.G. VD OF (1929) 4) I HE CLOSURE IN (HE BOUNDARY SURVEY IS ABOVE 1:7500 F I. I HEREBY CERTIFY' THAT THIS "BOUNDARY SURVEY" OF THE PROPERTY DESCRIBED HEREON. AS HECENI LY SURVEYED AND DRAWN UNDER MY SUPERVISION. COMPLIES WITH THE MINIMUM I ECHNICAL S IANDARDS AS 5E I FORTH BY I HE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6. FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472.027. FLORIDA STATUTES BY: 11703.2018 GEORGE /BARRA (DATE OF FIELD WORK) PROFESSIONAL LAND SURVEYOR NO 2534 STATE OF FLORIDA FIRM L B 8 6044 (VALID COPIES OF THIS SURVEY WILL BEAR THE EMBOSSED SEAL OF THE ATTESTING LAND SURVEYOR) REVISED ON 1-10-2019 REVISED ON s SEAL MO r 11111- i- r -r -- I i E-- I MB MB M NM N I E MN N 1 1 I - I - r MN- E N N 14.4 iimi %t R Submitted into the public record for item(s) PZ.21 . on 03/28/2019 , City Clerk c ni) Miami -Dade Official Records -ont Document • Page 1 of 1 C1 ;..55. of 3 . A • I '0'1 2 3 • 4 0 6 i 17, 18 1 .1 NORTH DRIVE 57 11* 0 56 38 30* Oe. 33 60. S5 40 .41 SOUTH ' 432 • 31 • 42 • 52 43 • 51 so: 1 44, • 45 • • s • • 30 • 29 28 ' 27 26 48 ;I 1 25 1 2, ' 8.."' • '.1,:ed; lao To. SECOND. 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