HomeMy WebLinkAboutR-08-0054City of Miami
Legislation
Resolution: R-08-0054
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01386ha Final Action Date: 1/24/2008
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 ("HEPB"), WHICH DENIED THE
APPEAL OF A DECISION OF THE DEPARTMENT OF PUBLIC WORKS DENYING
APPLICATION FORA 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, 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 removal permit at 2840 Shipping Avenue,
and grants the appeal giving rise to this hearing. The permit to remove this particular oak tree on the
City of Miami
Page 1 of 2 File Id: 07-01386ha (Version: 4) Printed On: 4/25/2017
File Number: 07-01386ha Enactment Number: R-08-0054
property will be granted subject to the following conditions being met (these conditions are to be
included in the tree removal permit and/or other appropriate documentation): a) The Applicant,
utilizing Davis Landscaping, will provide twelve (12) hardwood trees of four -inch DBH sixteen (16) feet
in height to be Florida fancy or other grade selected by Davis Landscaping; b) The trees will be
located in Coconut Grove within two public rights of way in locations selected by the Applicant and
Jim McMaster (Grove Treeman Trust), subject to the approval of the Public Works Director; c) The
Applicant will be responsible for maintenance and replacement of any dead tree within eighteen (18)
months of planting.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
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 File Id: 07-01386ha (Version: 4) Printed On: 4/25/2017