HomeMy WebLinkAboutLegislation ACity of Miami
Legislation
Resolution
City Hall
350E Pan American
Drive
Miami, FL 33133
www.cLmiami.fl.us
File Number: 04-00121
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
OF AXEL M.H. ULLRICH ("APPELLANT") AND AFFIRMING THE DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, ("HEPB"),
WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE
DEMOLITION OF THE PROPERTY LOCATED AT 1010 NORTHWEST 9TH
COURT, MIAMI, FLORIDA, AND THE CONSTRUCTION OF A NEW SINGLE
FAMILY RESIDENCE, WITHIN THE SPRING GARDEN 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
criterialguidelines for the demolition of existing structures which are historic sites or located in
historic districts; and
WHEREAS, an application was filed by the Appellant for the demolition of the subject property
and the construction of a new single family residence at 1010 Northwest 9th Court, Miami, Florida,
within the Spring Garden Historic District; and
WHEREAS, the HEPB, at its meeting of January 20, 2004, following an advertised public
hearing, adopted Resolution No. HEPB-2004-06, which is deemed as being attached and
incorporated, denying a Certificate of Appropriateness for demolition of a property located at 1010
Northwest 9th Court and construction of a new residence on such property, in the Spring Garden
Historic District, Miami, Florida; after finding that the proposed work by the Appellant/Owner does
not comply with the criteria/guidelines for issuing a Certificate of Appropriateness for demolition of
this 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 1010 Northwest 9th Court, on the grounds stated in his Notice of Appeal, filed February
1, 2004; 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;
City of Miami Page 1 of 2 Printed On: 2/25/2004
File Number. 04-00121
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.
Section 2. The City Commission affirms the decision of the Historic and Environmental
Preservation Board (Resolution No. HEPB-2004-06, adopted January 20, 2004), which denied a
Certificate of Appropriateness for the demolition of a property located at 1010 Northwest 9th Court,
Miami, Florida, and the construction of a new single family residence, and denies the appeal giving
rise to this hearing.
Section 3. Thi -Resolution shall become effective immediately upon its adoption and signature
of the Mayor.
APPRO D k S TO F' `M AND CORRECTNESS:
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.
Ciry of Miami Page 2 of 2 Printed On: 2/25/2004