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City of Miami
Legislation
Resolution
City Hall
35[i(3-.Pan American
Drive
Miami, FL 33133
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File Number: 06-01126ha
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S).
GRANTING THE APPEAL FILED BY LUCIA A. DOUGHERTY, ESQUIRE, ON
BEHALF OF LAXMI INVESTMENTS, LLC. ("APPELLANTS"), AND REVERSING A
DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
("HEPB"), WHICH DESIGNATED THE MIMO/BISCAYNE BOULEVARD HISTORIC
DISTRICT OF THE PROPERTY LOCATED AT APPROXIMATELY 5850 BISCAYNE
BOULEVARD, LOCATED WITHIN THE AREA BOUNDED BY BOTH SIDES OF
BISCAYNE BOULEVARD FROM NORTHEAST 50TH STREET TO NORTHEAST
77TH STREET, 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 within the City of Miami ("City"); and
WHEREAS, among. the Board's duties 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 Miami City Code, the Board's Rules of Procedure, and other applicable
laws; and
WHEREAS, at its meeting of June 6, 2006, following a duly advertised public hearing, the HEPB
considered the MiMo/Biscayne Boulevard Historic District of the property located at approximately
5850 Biscayne Boulevard, located within the area bounded by both sides of Biscayne Boulevard from
Northeast 50th Street to Northeast 77th Street, heard testimony and at the request, and with the
consent of the Appellants, continued this item; and
WHEREAS, at the June 6, 2006 meeting of the HEPB, the designation of this property was
considered and evaluated the following a) the Designation Report, as amended, prepared by
Consultant Janus Research and the Preservation Officer and accepted into the record, b) the
testimony of the Preservation Officer, c) the Fact Sheet prepared by the Preservation Officer, and d)
the evidence of the Appellants appearing through their designated agent(s); 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-2005-59 designating the MiMo/Biscayne Boulevard Historic District as a Historic Site, after
finding that the site:
a. Has significance in the historical and architectural heritage of the City;
b. Possesses integrity of design, setting, materials, workmanship and association;
c. Meets criteria from Chapter 23, 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
City of Miami
Page 1 of 2 Printed On: 8/14/2006
File Number: 06-01126ha
historic site designation; and
WHEREAS, pursuant to Section 23-4(5)(e) of the Miami City Code, an appeal to the City
Commission has been taken by the owners of the above -referenced property, Laxmi investments, LLC
("Appellants") for the reasons stated in their 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 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 grants the Appeal filed by the Appellants and reverses the
decision of the Historic and Environmental Preservation Board (Resolution No. HEPB-2005-59), which
resulted in the MiMo/Biscayne Boulevard Historic District, located at approximately 5850 Biscayne
Boulevard, located within the area bounded by both sides of Biscayne Boulevard from Northeast 50th
Street to Northeast 77th Street, 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 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. 111
APPROVED AS TO FORM AND CORRECTNESS
JORGE L. FERNANDEZ
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 Commission.
City of Miami Page 2 of 2 Printed On: 8/10/2006