HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01229 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL FILED BY COCONUT GROVE, LLC ("APPELLANT"), AND
AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD ("HEPB"), WHICH DESIGNATED THE COCONUT
GROVE PLAYHOUSE LOCATED AT 3500 MAIN HIGHWAY AS A HISTORIC SITE.
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the
responsibility of preserving and conserving properties of historic, architectural, environmental and
archeological significance within the City of Miami; and
WHEREAS, among the Board's duties are those to hear and consider designations of historic sites,
historic districts, or archeological zones under the applicable criteria found under the provisions of
Chapter 23 ("Historic Preservation") of the City Code of the City of Miami, the Board's Rules of
Procedure, and other applicable laws; and
WHEREAS, at its meeting of October 5, 2005, following a duly advertised public hearing, adopted
Resolution No. HEPB 2005-60, by a vote of eight to zero (8-0), the HEPB considered this item, which
at the request of the Appellants, and with their consent; and
WHEREAS, at the October 5, 2005, meeting of the HEPB the designation of this property was
considered and the Designation Report, as amended, prepared by Consultant Janus Research and the
Preservation Officer was accepted into the record and is deemed as being incorporated by reference
herein, along with the testimony of the Preservation Officer, the fact sheet prepared by the
Preservation Officer, and the evidence of the Appellants appearing through their designated agent(s)
were considered by the Board; and
WHEREAS, the Preservation Officer recommended that the Board adopt the designation report
and approve the historic site designation and amendment to the Official Historic and Environmental
Preservation Atlas of the City. After hearing the evidence presented the Board passed Resolution No.
HEPB-2005-60, designating the Coconut Grove Playhouse as a Historic Site, after finding that:
a. The site has significance in the historical and architectural heritage of the City;
b. The site possesses integrity of design, setting, materials, workmanship and association;
c. The site meets criteria from Chapter 23, Section 23-4(a) of the Miami City Code for designation
and further incorporated therein the designation report, as amended, for the historic site; and further
amended the applicable page of the Historic and Environmental Preservation Atlas to reflect the
historic site designation; and
WHEREAS, pursuant to Section 23-4(5)(e) of the City Code, an appeal to the City Commission has
been taken by the owner of the property, Coconut Grove, LLC ("Appellant") for the reasons stated in
their Appeal, which is deemed as being incorporated by reference herein; and
WHEREAS, the City Commission after careful consideration of the matter and the evidence
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File Number. 05-01229
presented 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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 denies the Appeal filed by the Appellants and affirms the decision
of the Historic and Environmental Preservation Board (Resolution No. HEPB-2005-60). which resulted
in the Coconut Grove Playhouse, located at 3500 Main Highway, Miami, Florida, being designated a
historic site. The City Commission further finds that the foregoing historic site does comply with the
applicable criteria set forth in Chapter 23 of the Code of the City of Miami for historic site designation.
The City Commission denies the instant 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:
JORGE L. FERNANDEZ
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.
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