HomeMy WebLinkAboutLegislation bJ-03-896(b)
10/31/03
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), DENYING THE APPEAL FILED
BY RIVERHOUSE PIER T LIMITED
("APPELLANTS"), AND AFFIRMING A DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD ("HEPB"), WHICH DESIGNATED EAST COAST
FISHERIES LOCATED AT 40 SW NORTH RIVER DRIVE
AS A HISTORIC SITE.
WHEREAS, the Historic and Environmental Preservation Board
("HEPB") is charged with the responsibility of preserving and
conserving properties of historic, architectural, environmental
and archeological significance within the City of Miami; and
WHEREAS, among the Board's duties are those 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, HEPB considered this item, which
at the request of th•e Appellants, and with their consent, was
continued from the HEPE meeting of June 17, 2003; and
WHEREAS, at the September 16, 2003 meeting of the HEPB the
designation of this property was considered and the Designation
Report, as amended, 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 Board; 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-2003-51,
designating East Coast Fisheries 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 and 5 of Section 23-4(A) of
the Miami City Code for designation and further
incorporated therein the designation report, as
amended, for the historic site; and further amended
the applicable page of the Historic and Environmental
Preservation Atlas to reflect the historic site
designation; a.nd
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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 owner of
the property, Riverhouse Pier I Limited ("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 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;
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 affirms the decision of the Historic and
Environmental Preservation Board (Resolution No. HEPB-2003-51),
which resulted in the East Coast Fisheries, located at
40 SW North River Drive, Miami, Florida, being designated a
historic site. The City Commission further finds that the
foregoing historic site does comply with the applicable criteria
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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.31
PASSED AND ADOPTED this day of , 2003.
MANUE., A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON,
CITY CLERK
APPR
OR D CORRECTNESS:
:7 ANDRO VILARELLO
`Y ATTORNEY
I f'7595:RSR:dab
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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