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HomeMy WebLinkAboutR-04-0760City of Miami Legislation Resolution: R-04-0760 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 03-0188 Final Action Date: 11/18/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY RIVERHOUSE PIER I LIMITED, AND AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DESIGNATED EAST COAST FISHERIES LOCATED AT 40 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA, 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 ("City"); and WHEREAS, among HEPB'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 Code of the City of Miami, Florida, as amended ("City Code"), HEPB'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 the Riverhouse Pier I Limited ("Appellants"), and with their consent, was continued from the HEPB 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 HEPB; and WHEREAS, the Preservation Officer recommended that HEPB adopt the designation report and approve the historic site designation and amendment to the Official Historic and Environmental Preservation Atlas of the City; and WHEREAS, after hearing the evidence presented, HEPB 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 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 City of Miami Page 1 of 2 File Id: 03-0188 (Version: 3) Printed On: 10/17/2016 File Number: 03-0188 Enactment Number: R-04-0760 historic site designation; and WHEREAS, pursuant to Section 23-4(5) of the City Code, an appeal to the City Commission has been taken by the owner of the property, the 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 HEPB; 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 HEPB (Resolution No. HEPB-2003-51), which resulted in the East Coast Fisheries, located at 40 Southwest 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 set forth in Chapter 23 of the City Code 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: 03-0188 (Version: 3) Printed On: 10/17/2016