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HomeMy WebLinkAboutR-12-0235City of Miami Legislation Resolution: R-12-0235 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00486ha Final Action Date: 6/28/2012 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: 31 Printed On: 11/21/2017 File Number: 12-00486ha Enactment Number: R-12-0235 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 Northwast 59th Street, Miami, Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1 } 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: 31 Printed On: 11/21/2017