HomeMy WebLinkAboutCC Legislation (Version 3)�-K�r
Cit of Miami
Y
City Hall
`; gX
3500 Pan American
Drive
t xaa;=g'af��
Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Number: 09-00706ha
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
AND REVERSING 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 charged with hearing appeals
of the granting or denial of tree removal permits pursuant to Sec. 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 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 reverses 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 the appeal giving rise to this hearing. The instant tree removal
City of Miami Page I of 2 Printed On: 7/1/2009
File Number. 09-00706ha
permit which is the subject of this appeal will be granted.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS;'"/
4
JULIE O. 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.
City of Miami Page 2 of 2 Printed On: 7/1/2009