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Legislation
�'_��' _Resolution
City Hall
35QQPan Amedoan
Drive
Miami, FLS3133
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FikNvmob,r 87'00803ku Final Action Dute-
AF|E8OLUT0NOFTME MK\[N|CITY COMMISSION DENYING THE APPEAL
FILED BY/\.V/CKYGARQA-TOLED[),ESQ.AND ASHLEYK./\RONOVV|TZ.
E8O.(`APPELLANTS") AND AFFIRMING THE DECISION {}FTHE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD ("HEpE3").WHICH DENIED /\
CERTIFICATE {]FAPPROVAL FOR THE REMOVAL AND RELOCATION OF
TREES TOACCOMMODATE NEW CONSTRUCTION {)FTHE PROPERTY
LOCATED /\TAPPROXIMATELY 4O55SOUTHWEST 37THAVENUE, WITHIN AN
ENVIRONMENTAL PRESERVATION DISTRICT.
WHEREAS, the Historic and Environmental Preservation Board ("HEPB")ischarged with the
responsibility of prese[vDg, conserving, and protecting properties Of historical, @[ChheCtu[Gl and
archeological significance located within the City of Miami ("City"); and
WHEREAS, the applicable provisionsoftheChvCode. provide inChapter 17.§17-38the
criteria/guidelines requiring that the design and construction of all development activity beexecuted in
amanner consistent with the preservation oftrees and other significant environmental features tothe
greatest extent possible; and
VVHEF<EAS, an application was filed by the Appellants for the removal and relocation of trees to
ocCoOln1odaN* new construction of the subject property at4D55 Southwest 37thAvenue. Miami,
Florida, within an Environmental Preservation District; and
WHEREAS, the HEPB.at its meeting nfMarch 4.2OU8.following anadvertised public hearing,
adopted Resolution No. HEPB'2008-17. DENYING the issuance of o Certificate for Approval for the
removal and relocation of trees to accommodate new construction on the subject property located at
4055 Southwest 37thAvenue, Miami, Florida, within an Environmental Preservation District; after
finding that the proposed work by the Appel |anta/Ovvnere does not comply with the criteria/guidelines
for issuing @ Certificate ofApproval inaccordance with Chapter 17.817-3Gofthe Miami City Code, as
amended-,and
VVHEREAG.pursuanttoChaoter17.G17-4OofthaCodeoftheCkvofNhami.F|nhdo.as
amended, an appeal to the City Commission has been taken by Appellants, owners of the property
located et4055 Southwest 37th Avenue, Miami, Florida, on the grounds stated in their Notice of
Appeal, filed March 12. 2008; 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[TRESOLVED BYTHE COMMISSION [)FTHE CITY OF&4k\M|.
{Ii�r»yMiami Page Ioy2 Printed On: *1812008
Fife Number: 07-00863ha
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 affirms the decision of the Historic and Environmental
Preservation Board (Resolution No. HEPB-2008-17, adopted March 4, 2008), which DENIED the
issuance of a Certificate of Approval for the removal and relocation of trees to accommodate new
construction on the subject property located at 4055 Southwest 37th Avenue, Miami, Honda, within an
Environmental Preservation District, 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:
JULIE O. BRU
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: 4/10/2008