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HomeMy WebLinkAboutR-04-0121City of Miami Legislation Resolution: R-04-0121 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 03-0190 Final Action Date: 2/26/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY J&J FLORIDA PROPERTIES, INC. ("APPELLANTS"), AND MODIFYING IN THE MANNER PROVIDED HEREIN, A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE WOLPERTAPARTMENTS 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. The site possesses integrity of design, setting, materials, workmanship and association; c. The site meets criteria 3, 5, 6 and 7 of Section 23-4(A) of the Miami City Code for designation and further incorporating therein the designation report, as revised following this hearing, for the historic site; and further amended the applicable page of the Historic and Environmental Preservation Atlas to reflect the historic site designation; and City of Miami Page 1 of 2 File Id: 03-0190 (Version: 2) Printed On: 8/30/2016 File Number: 03-0190 Enactment Number: R-04-0121 WHEREAS, pursuant to Section 23-4(5)(e) of the City Code, an appeal to the City Commission has been taken by the owner of the property, J&J Florida Properties, Inc. ("Appellants") for the reasons stated in their September 30, 2003 Appeal which is deemed as being incorporated by reference herein; and WHEREAS, the City Commission is able to affirm, modify or reverse the Board's decision provided that any decision to reverse the Board shall require a 3/5th vote of the City Commission; 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 do not justify reversing the decision of the Historic and Environmental Preservation Board but not merit a modification of such decision to limit the designation to the 1927 portion of the building facing Biscayne Boulevard; 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 denies the Appeal filed by the Appellants and further modifies 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 a historic site, by limiting such designation to the 1927 portion of the building, as reflected on the graphic drawing presented at the February 26, 2004 City Commission hearing which is attached hereto. The City Commission further finds that the foregoing historic site, as modified, does comply with the applicable criteria set forth in Chapter 23 of the Code of the City of Miami for historic site designation. The City Commission denies the instant appeal giving rise to this hearing. 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: 03-0190 (Version: 2) Printed On: 8/30/2016