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Legislation
Resolution
City Hail
3500 Par American
Drive
Miami, FL 33133
www.miamigov.com
File Number: Q7-01386h Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY ANTHONY RUBINO, ON BEHALF OF SERP & SERP INVESTMENTS
("APPELLANT) AND REVERSING THE DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ("HERB"), 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 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 reverses 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 rernoval permit at 2840 Shipping Avenue, and
grants the appeal giving rise to this hearing.
City o Miami
Page 1 of 2 Printed On: 1/11/2008
Fie Number: 97-01385ha
Tants the appeal giving rise to this hearing.
Section 3, This Resolution shall become ective immediately upon its adoption and signature of
the Mayof. {1}
APPROVED AS TO FORM AND CORRECTNES
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: 1/11/2008