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Legislation
Resolution
City Hal!
3500 Ran American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01720ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY RUBEN MATZ ("APPELLANT") AND REVERSING THE DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"),
WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE
INSTALLATION OF HEDGES NOT IN COMPLIANCE WITH AN APPROVED
CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY LOCATED AT 714
NE 59 ST, MIAMI, FLORIDA, WITHIN THE MORNINGSIDE HISTORIC DISTRICT,
MIAMI, FLORIDA,
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the
responsibility of preserving, conserving, and protecting properties of historical, architectural and
archeological significance located within the City of Miami ("City"); and
WHEREAS, the applicable provisions of the City Code, provide in Section 23-5 the
criteria/guidelines for the issuance of a Certificate of Appropriateness for existing structures which are
historic sites or located in historic districts; and
WHEREAS, an application was filed by the Appellant to retain a hedge in excess of eight feet
along the property line of the subject property at 714 NE 59 ST, Miami, Florida, within the Morningside
Historic District; and
WHEREAS, the HEPB, at its meeting of September 5, 2006, following an advertised public
hearing, adopted Resolution No. HEPB-2006-74, DENYING a Certificate of Appropriateness for the
installation of hedges not in compliance with an approved Certificate of Appropriateness for the
property located at 714 NE 59 ST, in the Morningside Historic District, Miami, Florida; after finding that
the proposed work by the Appellant/Owner does not comply with the criteria/guidelines for issuing a
Certificate of Appropriateness for properties located in a historic district in accordance with Chapter
23-5 of the Miami City Code; and
WHEREAS, pursuant to Section 23-5(b)(4)(e) of the Code of the City of Miami, Florida, as
amended, an appeal to the City Commission has been taken by Appellant, owner of the property
located at 714 NE 59 ST, on the grounds stated in his Notice of Appeal, filed September 1.8, 2006; and
WHEREAS, the City Commission after careful consideration of this matter finds that the stated
grounds for the appeal and the facts presented in support thereof, do justify reversing the decision of
the Historic and Environmental Preservation Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
City of Miami
Page 1 of 2 Printed On: 10/4/2006
File Number: 06-01720ha
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission reverses the decision of the Historic and Environmental
Preservation Board (Resolution No. HEPB-2006-74, adopted September 5, 2006), which denied a
Certificate of Appropriateness for the installation of hedges not in compliance with an approved
Certificate of Appropriateness for the property located at 714 NE 59 ST, Miami, Florida, and grants the
appeal giving rise to this hearing.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
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: 10/4/2006