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HomeMy WebLinkAboutCC Legislation (Version 2)File Number: 09-00565ha1 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PATRA LIU AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION AND NEW CONSTRUCTION OF 811 NORTHWEST 7TH STREET ROAD, A CONTRIBUTING RESOURCE LOCATED IN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA, AFTER FINDING.THE PROPOSED WORK IS INCONSISTENT WITH THE HISTORIC AND ARCHITECTURAL CHARACTER OF THE BUILDING IN TERMS OF SIZE, SCALE, DESIGN, AND MATERIALS AND DOES NOT COMPLY WITH THE SECRETARY OF INTERIOR'S "STANDARDS FOR REHABILITATION OF HISTORIC STRUCTURES." 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 WHEREAS, pursuant to the applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), as provided in Chapter 23 entitled "Historic Preservation", pertaining to a Special Certificate of Appropriateness ("Certificate of Appropriateness") for the partial demolition of an existing structure and new construction of 811 Northwest 7th Street Road, Miami, Florida, which is a contributing historic resource or is located in a historic district; and WHEREAS, the owner of 811 Northwest 7th Street Road, Miami, Florida, Patra Liu, filed an application for a certificate of appropriateness for the partial demolition of an existing residence, and new construction at the existing residence, located at 811 Northwest 7th Street Road, located in the Spring Garden Historic District, Miami, Florida, as a result of significant structural deterioration from persistent flooding and other exacerbating conditions; and additionally, for the new construction of a single family residence to partially replace the portions of the structure which are demolished; and WHEREAS, the HEPB at its meeting of November 3, 2009, following an advertised public hearing, adopted Resolution No. HEPB 2009-78 by a vote of four to three (4-3), to DENY the application for a certificate of appropriateness, after finding that the proposed partial demolition and new construction does not satisfy the applicable criteria for a certificate of appropriateness for the partial demolition of an existing residence located at 811 Northwest 7th Street Road in the Spring Garden Historic District, Miami, Florida, and further finding that the proposed new construction is inconsistent with the character of the building in terms of size, scale, design, and materials, and does not comply with the Secretary of Interior's "Standards for Rehabilitation of Historic Properties"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Mianu Page 1 of 2 Printed On: 115/2010 City of Miami City Hall 3500 Pan American Drive 4) Legislation Miami FL 33133 �'•crP�`� www.miamigov.com Resolution File Number: 09-00565ha1 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PATRA LIU AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION AND NEW CONSTRUCTION OF 811 NORTHWEST 7TH STREET ROAD, A CONTRIBUTING RESOURCE LOCATED IN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA, AFTER FINDING.THE PROPOSED WORK IS INCONSISTENT WITH THE HISTORIC AND ARCHITECTURAL CHARACTER OF THE BUILDING IN TERMS OF SIZE, SCALE, DESIGN, AND MATERIALS AND DOES NOT COMPLY WITH THE SECRETARY OF INTERIOR'S "STANDARDS FOR REHABILITATION OF HISTORIC STRUCTURES." 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 WHEREAS, pursuant to the applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), as provided in Chapter 23 entitled "Historic Preservation", pertaining to a Special Certificate of Appropriateness ("Certificate of Appropriateness") for the partial demolition of an existing structure and new construction of 811 Northwest 7th Street Road, Miami, Florida, which is a contributing historic resource or is located in a historic district; and WHEREAS, the owner of 811 Northwest 7th Street Road, Miami, Florida, Patra Liu, filed an application for a certificate of appropriateness for the partial demolition of an existing residence, and new construction at the existing residence, located at 811 Northwest 7th Street Road, located in the Spring Garden Historic District, Miami, Florida, as a result of significant structural deterioration from persistent flooding and other exacerbating conditions; and additionally, for the new construction of a single family residence to partially replace the portions of the structure which are demolished; and WHEREAS, the HEPB at its meeting of November 3, 2009, following an advertised public hearing, adopted Resolution No. HEPB 2009-78 by a vote of four to three (4-3), to DENY the application for a certificate of appropriateness, after finding that the proposed partial demolition and new construction does not satisfy the applicable criteria for a certificate of appropriateness for the partial demolition of an existing residence located at 811 Northwest 7th Street Road in the Spring Garden Historic District, Miami, Florida, and further finding that the proposed new construction is inconsistent with the character of the building in terms of size, scale, design, and materials, and does not comply with the Secretary of Interior's "Standards for Rehabilitation of Historic Properties"; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Mianu Page 1 of 2 Printed On: 115/2010 File Number.' 09-00565ha1 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. Based upon the evidence presented to the City Commission and in consideration of the applicable guidelines set forth in the Secretary of Interior's "Standards for Rehabilitation of Historic Structures" and Chapter 23 of the City Code, pertaining to a certificate of appropriateness for the partial demolition of an existing single family residence located at 811 Northwest 7th Street Road, Miami, Florida, and additionally for the new construction of a structure consisting of an addition to the residence to replace the partially demolished structure, the decision of the HEPB to deny the certificate of appropriateness as recited above is affirmed. The City Commission denies the appeal of Patra Liu, the owner of 811 Northwest 7th Street Road, Miami, Florida, giving rise to this hearing. The City Commission finds the applicable guidelines referenced in this Resolution have not been met for the issuance of a certificate of appropriateness for the partial demolition of 811 Northwest 7th Street Road, Miami, Florida, and the addition of new construction at the property. The denial of such certificate of appropriateness is hereby affirmed. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: 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. City of Miami Page 2 of 2 Printed On: 1/5/2010