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Resolution
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File Numbera t4-0188hi Final Action Dater
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY PEDRO G. HERNANDEZ, ON BEHALF OF THE CITY OF MIAMI AND
AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD ("HEPB"), WHICH DENIED A CERTIFICATE OF
APPROPRIATENESS FOR THE DEMOLITION OF THE EAST COAST FISHERIES
BUILDING, LOCALLY DESIGNATED AS A HISTORIC LANDMARK, LOCATED AT
APPROXIMATELY 40 SOUTHWEST NORTH RIVER DRIVE, 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 issuance of Certificates of Appropriateness for demolition of existing
structures which are historic sites or located in historic districts; and
WHEREAS, a Certificate of Appropriateness application for the demolition of the East Coast
Fisheries Building, locally designated as a historic landmark was filed by Hector Lima, in his official
capacity as Building Director of the City of Miami for the subject property located at approximately 40
Southwest North River Drive, Miami, Florida; and
WHEREAS, the HEPB, at its meeting on July 1, 2008, following an advertised public hearing,
adopted Resolution No. HEPB-2008-42 by a vote of eight to zero (8-0), item no. 1, to DENY a
Certificate of Appropriateness after finding that the proposed work by the Appellant does not comply
with the criteria/guidelines for issuing a Certificate of Appropriateness for demolition of the structure
known as the East Coast Fisheries Building 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, Pedro G. Hernandez on behalf of the City of Miami, has appealed to the City Commission
on July 14, 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 justify upholding 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.
City of Miami
Page 1 of 2 Printed On: 8/26/2008
File Number 03-018&ha
Section 2, Based upon the evidence presented to the City Commission and in consideration of the
applicable guidelines set forth in §23-5 of the City Code, the City Commission affirms the decision of
the HEPB to deny the Certificate of Appropriateness for demolition of the existing structure located at
approximately 40 SW North River Drive, Miami, Honda: 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: 8/26/2008