HomeMy WebLinkAboutCC Legislation (Versions 2 & 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00486ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY BRUCE A. WEIL (APPELLANT) AND AFFIRMING THE DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH
APPROVED WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR
MAJOR RENOVATIONS, ADDITIONS AND SITE WORK TO A CONTRIBUTING
HOME AT 5901 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE
MORNINGSIDE HISTORIC. DISTRICT.
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 Section 23-6.2(h) of the Code of the City of Miami,
Florida, as amended ("City Code"), provide the criteria/guidelines for the major addition or alteration of
existing structures which are historic sites or located in historic districts; and
WHEREAS, a Certificate of Appropriateness application for major renovations, additions, and site
work was filed by the Owner of the subject property at approximately 5901 North Bayshore Drive,
Miami, Florida, within the Morningside Historic District; and
WHEREAS, the HEPB, at its meeting on April 3, 2012, following an advertised public hearing,
adopted Resolution No. HEPB-2012-12 by a vote of seven to zero (7-0), item no. 1, to approve with
conditions a Certificate of Appropriateness after finding that the proposed work by the Appellant does
not comply with the criteria/guidelines for issuing of this property located in a historic district in
accordance with Section 23-6.2(h) of the City Code and the Morningside Design Guidelines; and
WHEREAS, in accordance with the Morningside Design Guidelines, the privacy wall on the south
side of the Property was limited to 6' in height, including piers and decorative features; and
WHEREAS, the Appellant has appealed the height of the wall and wishes to build a wall 7' in
height with 7' 10" piers on the south side of the Property; and
WHEREAS, pursuant to Section 23-6.2(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 April 20., 2012; 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,
City ofMiami Page 1 of 2 File Id: 12-00486ha (Version: 2) Printed O,i: 6/4/2012
File Number: 12-00486ha
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 HEPB which approved with conditions
a certificate of appropriateness for major renovations, additions and site work to a contributing home at
5901 North Bayshore Drive, Miami, Florida, within the Morningside Historic District, and denies the
appeal giving rise to this hearing. The Certificate of Appropriateness will retain the condition that the
privacy wall on the south side of the Property shall be built in accordance with the Morningside Design
Guidelines to be no more than 6' in height, including piers and decorative features.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor, {1}
APPROVED AS TO FORM AND CORRECTNESS
JULIE 0, BRU
CITY.ATTORNE
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: 12-004861za .(Version: 2) Printed On: 6/4/2012
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00486ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY BRUCE A. WEIL AND REVERSING THE DECISION OF THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH
CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR MAJOR
RENOVATIONS, ADDITIONS AND SITE WORK TO A CONTRIBUTING HOME AT
5901 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, WITHIN THE MORNINGSIDE
HISTORIC DISTRICT.
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 Section 23-6.2(h) of the Code of the City of Miami,
Florida, as amended ("City Code"), provide the criteria/guidelines for the major addition or alteration of
existing structures which are historic sites or located in historic districts; and
WHEREAS, a Certificate of Appropriateness application for major renovations, additions, and site
work was filed by the Owner of the subject property at approximately 5901 North Bayshore Drive,
Miami, Florida, within the Morningside Historic District; and
WHEREAS, the HEPB, at its meeting on April 3, 2012, following an advertised public hearing,
adopted Resolution No. HEPB-2012-12 by a vote of seven to zero (7-0), item no. 1, to approve with
conditions a Certificate of Appropriateness after finding that the proposed work by the Appellant does
not comply with the criteria/guidelines for issuing of this property located in a. historic district in
accordance with Section 23-6.2(h) of the City Code and the Morningside Design Guidelines; and
WHEREAS, in accordance with the Morningside Design Guidelines, the privacy wall on the south
side of the Property was limited to 6' in height, including piers and decorative features; and
WHEREAS, the Appellant has appealed the height of the wall and wishes to build a wall 7' in
height with 7' 10" piers on the south side of the Property; and
WHEREAS, pursuant to Section 23-6.2(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 April 20, 2012; 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 justify reversing the decision of the
HEPB;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City of Miami Page 1 of 2 File Id: 12-00486ha (Version: 3) Printed On: 6/4/2012
File Number: 12-00486ha
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, in part, the decision of the HEPB which approved with
conditions a certificate of appropriateness for major renovations., additions and site work to a
contributing home at 5901 North Bayshore Drive, Miami, Florida, within the Morningside Historic
District, and grants the appeal giving rise to this hearing. The Certificate of Appropriateness will be
issued with the following change: the privacy wall on the south side of the Property may be built to no
more than 7' in height, with 7' 10" piers on the south Property line along Northwest 59th Street, Miami,
Florida.
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 Commission.
City of Miami Page 2 .of 2 File Id: 12-00486ha (Version: 3) Printed On: 6/4/2012