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Legislation
Resolution
City Hail
3500 Par American
Drive
Miami, FL 33133
vrem.miamigov,com
He Number; 0741465bn Final Action Date;
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY LUCIA A. DOUGHERTY ON BEHALF OF DAVID WALLACK, OWNER
("APPELLANT") AND AFFIRMING THE DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ("REPS"), WHICH APPROVED
WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR THE
AFTER -THE -FACT INSTALLATION OF A METAL GATE, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5725 NORTH BAYSHORE DRIVE, MIAMI,
FLORIDA, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA.
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
WHEREAS, the applicable provisions of the City Code, provide in Section 23-5(c)(2)(a) the
criteria/guidelines for the after -the -fact installation of a metal gate for existing structures which are
historic sites or located in historic districts; and
WHEREAS, an application was filed by the Appellant for the issuance of a Certificate of
Appropriateness for the after -the -fact installation of a metal gate at the front property line for the
property located at 5725 North Bayshore Drive, Miami, Florida, within the Morningside Historic District;
and
WHEREAS, the HEPB, at its meeting of November 6, 2007, following an advertised public hearing,
adopted Resolution No. HEPB-2007-60, which APPROVED with conditions a Certificate of
Appropriateness for the after -the -fact installation of a metal gate at the front property line of the
property located at 5725 North Bayshore Drive, in the Morningside Historic District, Miami, Florida;
after finding that the proposed work by the Appellant/Owner does not comply with the
criteria/guidelines for issuing a Certificate of Appropriateness for the after -the -fact installation of a
metal gate for 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 5725 North Bayshore Drive, on the grounds stated in his Notice of Appeal, filed November
20, 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 not justify reversing the decision
of the Historic and Environmental Preservation Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 2 Printed On: 1/10/2008
File Number- 07-0146
FLORIDA:
Section 1. The recitals and findings contained in the Preamble t this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission affirms the decision of the Historic and Environmental
Preservation Board Resolution No. HEPB-2007.60, adopted November 6, 2007, which APPROVED
with conditions a Certificate of Appropriateness for the after -the -fact installation of a metal gate at the
front property line of the property located at 5725 North Bayshore give, Miami, Florida, and denies 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: 1/10/2008