HomeMy WebLinkAboutR-09-0388Vop City of Miami
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Resolution: R-09-0388
File Number: 09-00706ha
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL,
WITH CONDITIONS SET FORTH, 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, however only with the conditions specified and required by the City Commission herein;
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
City of Miand Page 1 of 2 File Id. 09-00706ha (Version: 4) Printed On: 6/27/2017
File Number: 09-00706ha Enactment Number: R-09-0388
Brickell Avenue, Miami, Florida, and the appeal giving rise to this hearing. The instant tree removal
permit which is the subject of this appeal will be granted only if the following conditions are met by the
owner/applicant:
(a) The owner/applicant provides proof of the efforts made to save Tree No. 1; and
(b) If the owner/applicant cannot save Tree No. 1 at its present location, Tree No. 1 shall be moved to
a location approved by the City Manager and designated by the District 2 Commissioner;
(c) The owner/applicant will use its best efforts to move Tree No. 1 to a viable place and maintain it as
a healthy tree;
(d) If the owner/applicant fails to maintain the viability of Tree No. 1, the owner/applicant will Mitigate
pursuant to applicable laws.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
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 File Id. 09-00706ha (Version: 4) Printed On: 6/27/2017