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HomeMy WebLinkAboutLegislation (Version 2)ity of la Legislation Resolution Number4 07-01386ha City hail 3500 Pan Arnerisan Drive Miami, FL 33133 m am gov.tom€ Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY ANTHONY RUBINO, ON BEHALF OF SERP & SERP INVESTMENTS ("APPELLANT") AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED THE APPEAL OF A DECISION OF THE DEPARTMENT OF PUBLIC WORKS DENYING APPLICATION FOR A TREE REMOVAL PERMIT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2840 SHIPPING AVENUE. WHEREAS, the Department of Public Works denied an application for tree removal on the property located at 2840 Shipping Avenue; and WHEREAS, on October 11, 2007, Anthony Rubino, Manager, on behalf of Serp & Serp Investments, timely filed an appeal of the decision of the Department of Public Works; and 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 charged with hearing appeals of the granting or denial of tree removal permits pursuant to Sec. 8.1.8.1, Zoning Ordinance No, 11000, as amended; and WHEREAS, the HEPB, at its meeting of November 6, 2007, following an advertised public hearing, adopted Resolution No. HEPB-2007-63, by a vote of five to two (5-2), denying the appeal of the decision of the Department of Public Works, thereby denying the tree removal permit; and WHEREAS, on November 9, 2007, Anthony Rubino, Manager, on behalf of Serp & Serp Investments, timely filed an appeal of the HEPB's decision; 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 HEPB. 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 reference and incorporated as if fully set forth in this Section. Section 2. The City Commission upholds the decision of the HEPB (Resolution No. HEPB-2007- 63, adopted November 6, 2007), which denied the appeal of a decision of the Department of Public Works concerning the denial of an application for a tree removal permit at approximately 2840 Shipping Avenue. and denies the appeal giving rise to this hearing. Cate of Miami Page 1 of 2 Printed On: 1/11/2808 Fite NFinber: O` O1366ha Shipping Avenue, and denies the appeal giving rise to this hearing. tion 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {11 APPROVED AS TO FORM AND CORRECTNESS- JORGE L. FERNANDEZ CITY ATTORNEY Footnotes {I} 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 irnmediately upon override of the veto by the City Commission. City oa 1lam! Page 1 of 2 Printed On: 1/11/2008