HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-01200ha
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY 83-93 S.W. 8TH STREET, LLC ( "OWNER") AND REVERSING THE
DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
("HEPB") OF THE CITY OF MIAMI , FLORIDA, WHICH DESIGNATED 83
SOUTHWEST 8TH STREET/729 SOUTHWEST 1ST AVENUE , MIAMI, FLORIDA
("PROPERTY"), AS A HISTORIC RESOURCE, AND REMOVING THE LISTING OF
THE PROPERTY IN THE MIAMI REGISTER OF HISTORIC PLACES, AFTER
FINDING THAT THE PROPERTY DOES NOT MEET CRITERIA (4) AND (5) IN
SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AND THAT THE OFFICIAL HISTORIC AND ENVIRONMENTAL ATLAS OF THE
CITY OF MIAMI NOT BE AMENDED TO REFLECT ITS DESIGNATION.
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the
responsibility of designating, preserving, conserving, and protecting properties of historical,
architectural, and archeological significance located within the City of Miami("City"); and
WHEREAS, pursuant to the applicable provisions of the Code of the City of Miami, Florida, as
amended ("City Code"), as provided in Chapter 23, entitled "Historic Preservation", Section 23-4,
entitled "Designation of Historic Resources, etc." pertaining to historic designation, properties are
eligible for historic designation if they "have significance in the historical, cultural, archeological,
paleontological, aesthetic, or architectural heritage of the city, state , or nation; possess integrity of
design, setting, materials, workmanship, feeling, and association; and meet one or more of the criteria
set forth in Section 23-4(a) of the City Code; and
WHEREAS, an interested citizen requested the designation of the 83 Southwest 8th Street/729
Southwest 1st Avenue, Miami, Florida ("Property"), and the Property went through the customary steps
of the procedures for historic designation set forth in Section 23-4 of the City Code; and
WHEREAS, the HEPB at its meeting of October 6, 2009, following an advertised public
hearing, adopted Resolution No. HEPB 2009-66 by a vote of six to one (6-1), to approve the historic
designation of the Property, after finding that the Property does meet two of the applicable criteria for
designation of the property namely that as set forth in Section 23-4(a) (4) and (5) of the City Code,
namely that the Property does "portray the environment in an era of history characterized by one or
more distinctive architectural styles; and does "embody those distinguishing characteristics of an
architectural style, or period, or method of construction;
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: 1/5/2010
File Number: 09-01200ha
Section 2. Based upon the evidence presented to the City Commission, consideration of the
Appeal filed by counsel for the owner on or about October 21, 2009 and in consideration of the above
recited criteria set forth in Chapter 23, Section 23-4(a) (4) and (5) of the City Code, pertaining to the
designation of the Property as a historic resource by HEPB as recited above is reversed. The City
Commission grants the appeal of the owner of the Property, giving rise to this hearing. The City
Commission finds the applicable criteria as recited above for the designation of 83 Southwest 8th
Street/ 729 Southwest 1st Avenue, Miami, Florida ("Property"), has not been met for the designation of
the Property as a historic resource and that its designation is not to be reflected by its listing or
inclusion in the Miami Register of Historic Places or in the Environmental Preservation Atlas of the City
of Miami, and this designation decision of HEPB is hereby reversed. The City Commission finds that
the Property does not meet either criteria 23-4(a) (4) or 23-4(a) (5) of the City Code.
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.
City of Miami Page 2 of 2 Printed On: 1/5/2010