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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.marnigov.com
File Number: O7-00441ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY LUCIA A. DOUGHERTY, ESQ. ON BEHALF OF MIAMI RIVER HOUSE fi
ASSOCIATES, LLC., ("APPELLANT") AND AFFIRMING THE DECISION OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH
DENIED A CERTIFICATE OF APPROPRIATENESS FOR NEW CONSTRUCTION
ON THE PROPERTY LOCATED AT APPROXIMATELY 1124 NW 11TH STREET,
MIAMI, FLORIDA, WITHIN THE SPRING GARDEN 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(c)(2)(a) 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 fled by the Appellant for new construction on the subject property
at 1124 NW llth Street, Miami, Florida, within the Spring Garden Historic District; and
WHEREAS, the HEPB, at its meeting of March 6, 2007, Item No. 3, following an advertised public
hearing, adopted Resolution No. HEPB-2007-12, by a vote of four to three (4-3) DENYING a
Certificate of Appropriateness for new construction on the property located at 1124 NW llth Street , in
the Spring Garden 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 new construction on this property located in a historic district in accordance with
Chapter 23-5(c)(2)(a) 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 1124 NW 11th Street, on the grounds stated in his Notice of Appeal, filed March 21, 2007;
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 not 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 ,tlianai
Page I of 2 Printed On: /12.2007
File Number: 07-00441ha
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission affirms the decision of the Historic and Environmental
Preservation Board (Resolution No. HEPB-2007-12, adopted March 6, 2007), which denied a
Certificate of Appropriateness for new construction on the property located at 1124 NW 11th Street
Miami: Florida, and denies 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 CORRECTNESSe--
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: 7/12/2007