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Legislation
Resolution
City HO
3500 Pan American
Drive
Miami. FL 33133
w/Jw m amigDV.com
File Number: 07-00641ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY JEANNE LIU ("APPELLANT') AND REVERSING THE CONDITIONS
SET FORTH IN THE DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION ("HEP") BOARD, WHICH APPROVED A CERTIFICATE OF
APPROPRIATENESS FOR THE INSTALLATION OF WINDOWS, AFTER THE
FACT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5255 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIMO/BISCAYNE BOULEVARD
HISTORIC DISTRICT, MIAMI, FLORIDA; REMANDING THE CRITERIA FOR THE
WINDOW INSTALLATION TO THE HEP BOARD CONSISTENT WITH THIS
DECISION.
WHEREAS, the Historic and Environmental Presentation ("HEP") Board 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 certificates of appropriateness for existing structures which are
historic sites or located in historic districts; and
WHEREAS, an application was filed by the Appellant for the installation of windows on the subject
property at 5255 Biscayne Boulevard, Miami, Florida, within the MiMo/Biscayne Boulevard Historic
District; and
WHEREAS, the HEP Board, at its meeting of May 1, 2007, Item No. 1, following an advertised
public hearing, adopted Resolution No. HEPB-2007-26, by a vote of six to zero (6-0) APPROVING a
Certificate of Appropriateness, subject to the following conditions: 1) The windows on the south, west,
and north facades shall be replaced with multi -light casement windows to match the historic tax
photograph 2) All glass shall be clear with no colored or reflective tint, for the installation of windows
for the property located at 5255 Biscayne Boulevard, in the MiMo/Biscayne Boulevard Historic District,
Miami, Florida; after finding that the proposed work by the Appellant will be in compliance once the
conditions set forth in decision are satisfied along with the criteria/guidelines for issuing a Certificate of
Appropriateness for the installation of windows at 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 5255 Biscayne Boulevard, on the grounds stated in her Notice of Appeal, filed May 10.
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 justify reversing the decision of
City of Mi am
Page 1 of 2 Printed On: 7/12/2007
File Number: v' OO641 ha
the Historic and Environmenta9 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 Preaâ–ºble to this Resolution are adopted by
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-2007-26, adopted May 1, 2007), which APPROVED a
Certificate of Appropriateness, subject to conditions, for the installation of windows for the property
located at 5255 Biscayne Boulevard, 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; 7/12/2007