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HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 09-00706ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED THE APPEAL OF A DECISION OF THE OFFICE OF CODE ENFORCEMENT CONCERNING THE DENIAL OF AN APPLICATION FOR A TREE REMOVAL PERMIT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2110 BRICKELL AVENUE, MIAMI, FLORIDA. WHEREAS, the Office of Code Enforcement denied an application for a tree removal permit on the property located at 2110 Brickell Avenue, Miami Florida; and WHEREAS, legal counsel on behalf of the current owner/applicant, timely filed an appeal of the decision of the Office of Code Enforcement; and WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the responsibility of preserving, conserving, and protecting properties of historical, architectural and archeological significance located within the City of Miami ("City"), and is charged with hearing appeals of the granting or denial of tree removal permits pursuant to Section 8.1.8.1, of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida; and WHEREAS, the HEPB, at its meeting of June 2, 2009, following an advertised public hearing, adopted Resolution No. HEPB-2009-35, by a vote of eight to zero (8-0), which denied the appeal of the decision of the Office of Code Enforcement, thereby denying the instant tree removal permit; and WHEREAS, legal counsel on behalf of the current owner/applicant, timely filed an appeal of the HEPB's decision; and WHEREAS, the City Commission after careful consideration of this matter, finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the HEPB; 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 upholds the decision of the HEPB (Resolution No. HEPB-2009- 35, adopted on June 2, 2009), which denied the appeal of a decision of the Office of Code Enforcement concerning the denial of an application for a tree removal permit at approximately 2110 Brickell Avenue, Miami, Florida, and denies the appeal giving rise to this hearing. City of Miami Page 1 of 2 Printed On: 71112009 Cit Y of Miami City Hall 3500 Pan American ~'t= YteNJ�Y[A4Yfw -� _ 6 Legislation Drive Miami Fl- 33133 www.miamigov.com Resolution File Number: 09-00706ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED THE APPEAL OF A DECISION OF THE OFFICE OF CODE ENFORCEMENT CONCERNING THE DENIAL OF AN APPLICATION FOR A TREE REMOVAL PERMIT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2110 BRICKELL AVENUE, MIAMI, FLORIDA. WHEREAS, the Office of Code Enforcement denied an application for a tree removal permit on the property located at 2110 Brickell Avenue, Miami Florida; and WHEREAS, legal counsel on behalf of the current owner/applicant, timely filed an appeal of the decision of the Office of Code Enforcement; and WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the responsibility of preserving, conserving, and protecting properties of historical, architectural and archeological significance located within the City of Miami ("City"), and is charged with hearing appeals of the granting or denial of tree removal permits pursuant to Section 8.1.8.1, of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida; and WHEREAS, the HEPB, at its meeting of June 2, 2009, following an advertised public hearing, adopted Resolution No. HEPB-2009-35, by a vote of eight to zero (8-0), which denied the appeal of the decision of the Office of Code Enforcement, thereby denying the instant tree removal permit; and WHEREAS, legal counsel on behalf of the current owner/applicant, timely filed an appeal of the HEPB's decision; and WHEREAS, the City Commission after careful consideration of this matter, finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the HEPB; 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 upholds the decision of the HEPB (Resolution No. HEPB-2009- 35, adopted on June 2, 2009), which denied the appeal of a decision of the Office of Code Enforcement concerning the denial of an application for a tree removal permit at approximately 2110 Brickell Avenue, Miami, Florida, and denies the appeal giving rise to this hearing. City of Miami Page 1 of 2 Printed On: 71112009 File Number.' 09-00706ha Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1) APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Cite of Miami Page 2 of 2 Printed On: 7/1/2009