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Legislation
Resolution
File Number O7-008631w
Cty- Hari
3500 Pan American
Drive
Miami, FL 33133
www.miaanmgo'v.com
Final Oct
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY A. VICKY GARCIA-TOLEDO, ESQ. AND ASHLEY K. ARONOWITZ,
ESQ. ("APPELLANTS") AND REVERSING THE DECISION OF THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB",, WHICH DENIED A
CERTIFICATE OF APPROVAL FOR THE REMOVAL AND RELOCATION OF
TREES TO ACCOMMODATE NEW CONSTRUCTION OF THE PROPERTY
LOCATED AT APPROXIMATELY 4055 SOUTHWEST 37TH AVENUE, WITHIN AN
ENVIRONMENTAL PRESERVATION 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 Chapter 17, §17-36 the
criteria/guidelines requiring that the design and construction of all development activity be executed in
a manner consistent with the preservation of trees and other significant environmental features to the
greatest extent possible; and of existing structures which are historic sites or located in historic
districts; and
WHEREAS, an application was filed by the Appellants for the removal and relocation of trees to
accommodate new construction of the subject property located at 4055 Southwest 37th Avenue,
Miami, Florida, within an Environmental Preservation District; and
WHEREAS, the HEPB, at its meeting of March 4, 2008, following an advertised public hearing,
adopted Resolution No. HEPB-2008-17, DENYING the issuance of a Certificate for Approval for the
removal and relocation of trees to accommodate new construction on the subject property located at
4055 Southwest 37th Avenue, Miami, Florida, within an Environmental Preservation District; after
finding that the proposed work by the Appellants/Owners does not comply with the criteria/guidelines
for issuing a Certificate of Approval in accordance with Chapter 17, §17-36 of the Miami City Code, as
amended; and
WHEREAS, pursuant to Chapter 17, §17-40 of the Code of the City of Miami, Florida, as
amended, an appeal to the City Commission has been taken by Appellants, owners of the property
located at 4055 Southwest 37th Avenue, Miami, Florida, within an Environmental Preservation District;
on the grounds stated in his 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 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 'iiwni Page 1 of 2 Printed Oa: 4/10/2008
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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 Historic and Environmental
Preservation Board (Resolution No. HEPB®2008-17, adopted March 4, 2008), which DENIED a
Certificate of Approval for for the removal and relocation of trees to accommodate new construction on
the subject property located at 4055 Southwest 37th Avenue, Miami, Florida, within an Environmental
Preservation District, and grants 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