HomeMy WebLinkAboutLegislation aJ-03-895(a)
12/19/03
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), GRANTING THE APPEAL
FILED BY J&J FLORIDA PROPERTIES, INC.
("APPELLANTS"), AND REVERSING A DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD ("HEPB"), WHICH DESIGNATED THE WOLPERT
APARTMENTS LOCATED AT 2500-2512 BISCAYNE
BOULEVARD AS A HISTORIC SITE.
WHEREAS, the Historic and Environmental Preservation. Board
(`HEPB") is charged with the responsibility of preserving and
conserving the properties of historic, architectural,
environmental and archeological significance; and
WHEREAS, among the Board's duties are to hear and consider
designations of historic sites, historic districts, or
archeological zones under the applicable criteria found under
the provisions of Chapter 23 ("Historic Preservation") of the
City Code of the City of Miami, the Board's Rules of Procedure,
and other applicable laws; and
WHEREAS, at its meeting of September 16, 2003, following a
duly advertised public hearing, the HEPB considered this item
which, at the request of the Appellants and with their consent,
was continued from the HEPB meetings of March 18 and July 15,
2003; and
WHEREAS, at the September 16, 2003 meeting of the HEPB the
designation of this property was again considered and the
Designation Report prepared by Consultant Janus Research and the
Preservation Officer was accepted into the record and is deemed
as being incorporated by reference herein, along with the
testimony of the Preservation Officer, the fact sheet prepared
by the Preservation Officer, and the evidence of the Appellants
appearing through their designated agent(s) were considered by
the HEPB; and
WHEREAS, the Preservation Officer recommended that the
Board adopt the designation report and approve the historic site
designation and amendment to the Official Historic and
Environmental Preservation Atlas of the City. After hearing the
evidence presented the Board passed Resolution No. HEPB-2003-52
designating the Wolpert Apartments as a Historic Site, after
finding that:
a. The site has significance in the historical and
architectural heritage of the City;
b. Possesses integrity of design, setting, materials,
workmanship and association;
c. Meets criteria 3, 5, 6 and 7 of Section 23-4(A) of the
Miami City Code for designation and further incorporated
therein the designation report for the historic site; and
further amended the applicable page of the Historic and
Environmental Preservation Atlas to reflect the historic
site designation; and
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WHEREAS, pursuant to Section 23-4(5)(e) of the City Code,
an appeal to the City Commission has been taken by the owners of
the above referenced property, J&J Florida Properties, Inc.
("Appellants") for the reasons taken in their September 30, 2003
Appeal which is deemed as being incorporated by reference
herein; and
WHEREAS, the City Commission after careful consideration of
the matter and the evidence presented finds that the stated
grounds for the appeal and the facts presented in support
thereof justify reversing the decision of the Historic and
Environmental Preservation Board; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 the Appeal filed
by the Appellants and reverses the decision of the Historic and
Environmental Preservation Board (Resolution No. HEPB-2003-52),
which resulted in the Wolpert Apartments, located at 2500-2512
Biscayne Boulevard being designated as a historic site. The
City Commission further finds that the foregoing historic site
does not comply with the applicable criteria set forth in
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Chapter 23 of the Code of the City of Miami for historic site
designation. The City Commission grants this appeal.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.-"
PASSED AND ADOPTED this
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
day of , 2003.
APPROVE FORM AND CORRECTNESS:
A"O VILARELLO
'` I T ATTORNEY
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owe
MANUEL A. DIAZ, MAYOR
l/ 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.
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