HomeMy WebLinkAboutR-08-0055City of Miami
Legislation
Resolution: R-08-0055
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-01465ha Final Action Date: 1/24/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING AND SUSTAINING
THE APPEAL FILED BY LUCIAA. DOUGHERTY ON BEHALF OF DAVID WALLACK,
OWNER ("APPELLANT") AND REVERSING THE DECISION OF THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), 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 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 after -the -fact installation of a metal
gate in the front yard of the subject 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 installation of a metal gate other than the metal gate proposed by the
Appellant; 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 at the 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, Miami, Florida, 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,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
City of Miami
Page 1 of 2 File Id: 07-01465ha (Version: 4) Printed On: 4/25/2017
File Number: 07-01465ha Enactment Number: R-08-0055
reference and incorporated as if fully set forth in this Section.
Section 2. The Appellant's appeal is granted and sustained as filed by Lucia A. Dougherty on
behalf of David Wallack, Owner. The City Commission reverses the decision of the Historic and
Environmental Preservation Board Resolution No. HEPB-2007-60, adopted on November 6, 2007,
which APPROVED with conditions issuing a Certificate of Appropriateness for the installation of a
metal gate at the front property line of the property located at 5725 North Bayshore Drive, Miami,
Florida, and grants the appeal giving rise to this hearing. The Appellant shall secure and be granted
the required permits for the existing metal gate providing that he demonstrates to the HEPB Officer
the purchase and installation of six (6) four -inch DBH (Diameter at Breast Height) 16 foot high Florida
1 trees, to be planted within four (4) blocks of 59th Street and North Bayshore Drive, the purchase
and installation agreement for said trees include watering for at least eighteen (18) months.
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: 07-0146513a (Version: 4) Printed On: 4/25/2017