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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00872ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY ROBERTO MIESSLER AND AFFIRMING THE DECISION OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH
APPROVED WITH A CONDITION A CERTIFICATE OF APPROPRIATENESS FOR
THE AFTER -THE -FACT INSTALLATION OF A ROLL -DOWN SHUTTER, FOR THE
INGRAHAM BUILDING, LOCALLY DESIGNATED AS A HISTORIC LANDMARK,
LOCATED AT APPROXIMATELY 25 SOUTHEAST 2ND AVENUE, 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, Section 23-5(c) of the Code of the City of Miami, Florida, as amended ("City Code"),
provides the criteria and guidelines for the issuance of Certificates of Appropriateness of existing
structures which are historic sites or located in historic districts; and
WHEREAS, a Certificate of Appropriateness application for an after -the -fact installation of a
roll -down shutter, for the Ingraham Building, locally designated as a historic landmark, was filed by
Roberto Miessler ("Appellant") of the subject property at approximately 25 Southeast 2nd Avenue,
Miami, Florida; and
WHEREAS, the HEPB, at its July 1, 2008, meeting, following an advertised public hearing,
adopted Resolution No. HEPB-2008-48, by a vote of seven to zero (7-0), Item No. 8, to APPROVE
with a condition that the applicant shall replace the existing roll -down security shutter with one that has
a see -through grille and be mounted on the interior of the storefront for the issuance of a Certificate of
Appropriateness after finding that the proposed work by the Appellant does not comply with the criteria
and guidelines for said issuance for this property designated as historic in accordance with Chapter 23
-5(c) of the City Code; and
WHEREAS, pursuant to Section 23-5(e) of the City Code, an appeal to the City Commission has
been taken by the Appellant on the grounds stated in the Appeal, filed July 16, 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 thereof do not 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 •of Miami Page 1 of 2 Printed On: 9/3/2008
File Number: 08-00872ha
Section 2. The City Commission affirms the decision of the HEPB set forth in Resolution No.
HEPB-2008-48 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:t
JULIE O. BR-1
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: 9/3/2008