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Resolution
File Number: O344 88
City Hail
Pan American
Drive
Miami, FL 33133
www,miarnigov.com
Final Action 1
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY PEDRO G. HERNANDEZ, ON BEHALF OF THE CITY OF MIAMI AND
REVERSING 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 a Certificate 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 the 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 Hector Lima, in his official
capacity as Director of the Building Department for the City of Miami 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 justify reversing 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 efMiami
Page 1 of 2 Printed On: 8/27/2008
1i Number: O3-0188i
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 reverses the decision of
the HEPB to deny the issuance of the Certificate of Appropriateness for demolition of the existing
structure located at approximately 40 Southwest North River Drive, Miami, Florida; 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: 8/27/2008