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HomeMy WebLinkAboutR-20-0304City of Miami 1 i.RR .I Legislation alldl 1lm Resolution: R-20-0304 File Number: 7718 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/24/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING IN PART AND DENYING IN PART THE APPEAL FILED BY SHARON CASTRILLON ("APPELLANT") AND MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S ("HEPB") DENIAL PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A SINGLE—FAMILY RESIDENCE AT APPROXIMATELY 713 NORTHWEST 7 STREET ROAD, MIAMI, FLORIDA 33136, A VACANT LOT WITHIN THE SPRING GARDEN HISTORIC DISTRICT, AND REMANDING THE SPECIAL CERTIFICATE OF APPROPRIATENESS TO HEPB WITH DIRECTION TO THE APPELLANT. WHEREAS, on July 7, 2015, the Historic and Environmental Preservation Board ("HEPB") passed Resolution No. HEPB-R-15-056 denying an application for a Special Certificate of Appropriateness ("SCOA") for the demolition of a contributing resource and new construction of a single-family home at 713 Northwest 7 Street Road, Miami, Florida ("Property"), which is within the Spring Garden Historic District; and WHEREAS, on October 22, 2015, the City Commission passed Resolution No. R-15- 0466 granting an appeal of Resolution No. HEPB-R-15-056 and reversing the HEPB's denial of the SCOA for the demolition of a contributing resource and new construction of a single-family home at the Property; and WHEREAS, on January 5, 2016, the HEPB passed to Resolution No. HEPB-R-16-003 approving an application for a SCOA for the new construction of a single-family home at the Property with the following conditions: 1) all glass shall be clear; 2) the exterior wall finishing shall be as indicated in Sheet A3 of the plans, which is 5/8" stucco with simulated planking on top of the 8" concrete masonry units; 3) the applicant shall consider a tile roof instead of an asphalt shingle; 4) City of Miami ("City") Historic Preservation Staff shall oversee the design details with the goal that the new building pay some homage to the frame vernacular building that existed on the Property before - such details shall include but not be limited to the representation of horizontal siding in a contemporary way; and 5) this Certificate of Appropriateness is subject to approval by Zoning, Building, and all other required City departments; and WHEREAS, the contributing resource on the Property was demolished pursuant to Resolution No. HEPB-R-16-003 but the single-family residence approved by Resolution No. HEPB-R-16-003 was not constructed; and WHEREAS, Jessica Collazo of Calil Architects, Inc., on behalf of the property owner Sharon Castrillon ("Applicant"), subsequently applied to the City for a SCOA for the new construction of a single-family residence located at the Property, which is now a vacant lot, City of Miami Page 1 of 3 File ID: 7718 (Revision: A) Printed On: 1012912020 File ID: 7718 Enactment Number: R-20-0304 pursuant to Chapter 23 of the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, on July 7, 2020, the HEPB, at a duly noticed virtual hearing, considered Item No. HEPB.1, pursuant to Section 23-6.2(b)(4) of the City Code, the application for a SCOA for the new construction of a single-family residence at the Property; and WHEREAS, City staff recommended approval with conditions of the SCOA; and WHEREAS, there was a motion to approve with conditions during the virtual public hearing of the HEPB, which resulted in a vote of three (3) members voting in favor and six (6) members voting against (3-6); and WHEREAS, for the reasons stated on the record and as supported by the evidence presented at all hearings and other evidence in the record, the HEPB adopted Resolution No. HEPB-R-20-026 denying the requested SCOA for the Property specifically because of the adverse effects on the relationship and congruity between the proposed structure and its neighboring structures and surroundings, including the issues with the landscaping, stucco, windows, symmetry, and modern design; and WHEREAS, on July 21, 2020, the Applicant filed an appeal to the City Commission pursuant to Section 23-6.2(e) of the City Code; and WHEREAS, based on the testimony and evidence presented, after due notice, and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to modify the decision of the HEPB denying the application for a SCOA for the new construction of a single-family residence at the Property pursuant to Section 23-6.2(b)(4) of the City Code and remand the SCOA to the HEPB with direction to the Applicant to pay greater homage to the original design and use warmer materials on the fagade such as wood shutters; and WHEREAS, for the reasons stated on the record during the public hearing, the City Commission grants in part and denies in part the appeal and modifies the decision of the HEPB as it pertains to the appeal of this Property by remanding the SCOA to the HEPB with direction to the Applicant to pay greater homage to the original design and use warmer materials on the fagade such as wood shutters; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission grants in part and denies in part the appeal and modifies the decision of the HEPB as set forth in Resolution No. HEPB-R-20-026 by remanding to the HEPB the application for a SCOA for the new construction of a single-family residence at the Property with direction to the Applicant to pay greater homage to the original design and use warmer materials on the fagade such as wood shutters. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' If the Mayor does not sign this Resolution, it shall become effective at the end of ten City of Miami Page 2 of 3 File ID: 7718 (Revision: A) Printed on: 1012912020 File ID: 7718 Enactment Number: R-20-0304 APPROVED AS TO FORM AND CORRECTNESS: 1 i 4naindez, City Attor iey 10/27/2020 (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 7718 (Revision: A) Printed on: 1012912020