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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00121 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
OF AXEL M.H. ULLRICH ("APPELLANT") AND REVERSING 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 merit in 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 demolition of existing structures which are historic sites or located in
historic districts; and
WHEREAS, among the powers and duties of the HEPB is consideration of architectural plans
presented to the Board for reuse of the property if the demolition is to be carried out, and the
appropriateness of said plans to the character of the historic site or district, as may be applicable,
pursuant to Section 23-5(c)(2)(a) of the City Code; 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 Historic and Environmental Preservation Board (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
Certificates of Appropriateness for demolition of this property located in a historic district in
accordance with Chapter 23-5(c)(2)(a) of the 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, Miami, Florida, on the grounds stated in his Notice of Appeal,
filed February 1, 2004; and
City of Miami Page 1 of 2 File Id: 04-00121 (Version: 3) Printed On: 9/13/2024
File Number: 04-00121
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 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.
Section 2. The City Commission reverses 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 grants the Appeal giving rise to this hearing.
Section 3. The City Commission modifies the decision of the HEPB insofar as in granting this
Appeal the Appellant shall present architectural plans for the reuse of this property to HEPB, which
will determine the appropriateness of said plans to the character of the historic district.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
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 File Id: 04-00121 (Version: 3) Printed On: 9/13/2024