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HomeMy WebLinkAboutLegislation (Version 3)ty ot Miar Legislation Resolution City HaIl 350D pan American Drive Miarn, FL 33133 www.rnarnigov.com File Number: 07-00542ha Final Action Date: A RESOLUTION OF THE MIAIVii CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL FILED BY GILBERTO PASTORIZA, ESQ., ON BEHALF OF JOSHUA GOLDBERG ("APPELLANT"), AND REVERSING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE LITTLE HOUSE IN YE LITTLE WOOD BUILDING, LOCATED AT APPROXIMATELY 3848 LITTLE AVENUE, LOT 19 ONLY, 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 archeoiogical significance; and WHEREAS, among the Board's duties are 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 City Code of the City of Miami, the Board's Rules of Procedure, and other applicable laws; and WHEREAS, at the April 3, 2007 meeting of the HERB 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 the HEPB; 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-2007-24 designating the Little House in Ye Little Wood as a Historic Site, after finding that: a. The site has significance in the historical and architectural heritage of the City; b. Possesses integrity of design, setting, materials, workmanship and association; c. Meets criteria 1 and 5 of 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 historic site designation; and WHEREAS, pursuant to Section 23-4(5)(e) of the City Code, an appeal to the City Commission has been taken by the owners of the above -referenced property, Joshua Goldberg ("Appellant") 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 Historic and Environmental Preservation Board; City of Page 1 of 2 Printed On: 7/5/2007 File Number.- Q7-OO542ha NOW, THEREFORE, BE lT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FLORIDA: Section t. 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-200T-24), which resulted in the Little House in Ye Little Wood, located at 3848 Little Avenue, Lot 19 only, 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 Resolutic€ snail become effective immediately upon its adoption and signature of the Mayor. { i } APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnote$: {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. Cfty of Miami P.ge 2 of .Printed On: 7/6/20 7