Loading...
HomeMy WebLinkAboutLegislation (Versions 2 & 3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00616ba Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY JAY MEISTRELL, OWNER, AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH CONDITIONS AN AFTER -THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR MODIFICATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 1001 NORTHWEST NORTH RIVER DRIVE, WITHIN THE SPRING GARDEN HISTORIC DISTRICT, 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, the applicable provisions of the City Code, provide in Section 23-6.2 the criteria/guidelines for modifications to existing historic structures which are historic sites or located in historic districts; and WHEREAS, an after -the -fact Special Certificate of Appropriateness was filed by the Owner Jay Meistrell ("Appellant") represented by Tony Recio, Esq., of the subject property at approximately 1001 Northwest North River Drive, Miami, Florida, within the Spring Garden Historic District; and WHEREAS, the HEPB, at its meeting on May 1, 2012, following an advertised public hearing, adopted Resolution No. HEPB-2012-21 by a vote of seven to two (7-2), item no. 3, approval with conditions an after -the -fact Special Certificate of Appropriateness, but reduced the size of and changed the driveway after finding that the proposed work by the Appellant does not comply with the criteria/guidelines of the Spring Garden Historic District and the Secretary of Interior Standards for this property located in a historic district in accordance with Chapter 23-6.2 of the Miami City Code; and WHEREAS, pursuant to Section 23-6.2(e) of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by the Appellant on the grounds stated in the Appeal, filed on May 15, 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, 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 File Id: 12-00616ha (Version: 2) Printed On: 9/17/2012 File Number: 12-00616ha Section 2. The City Commission affirms the decision of the HEPB and denies the appeal giving rise to this hearing. The City Commission finds there is competent substantial evidence to support this decision. The Special Certificate of Appropriateness as to the size of the driveway and color of the house only as set forth in this Appeal is denied. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESe, 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: 12-00616ha (Version: 2) Printed On: 9/17/2012 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00616ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY JAY MEISTRELL, OWNER, AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH CONDITIONS AN AFTER -THE -FACT SPECIAL CERTIFICATE OF APPROPRIATENESS FOR MODIFICATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 1001 NORTHWEST NORTH RIVER DRIVE, WITHIN THE SPRING GARDEN HISTORIC DISTRICT, 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, the applicable provisions of the City Code, provide in Section 23-6.2 the criteria/guidelines for modifications to existing historic structures which are historic sites or located in historic districts; and WHEREAS, an after -the -fact Special Certificate of Appropriateness was filed by the Owner of the subject property at approximately 1001 Northwest North River Drive, Miami, Florida, within the Spring Garden Historic District; and WHEREAS, the HEPB, at its meeting on May 1, 2012, following an advertised public hearing, adopted Resolution No. HEPB-2012-21 by a vote of seven to two (7-2), item no. 3, approval with conditions an after -the -fact Special Certificate of Appropriateness, but reduced the size of and changed the driveway after finding that the proposed work by the Appellant does not comply with the criteria/guidelines of the Spring Garden Historic District and the Secretary of Interior Standards for this property located in a historic district in accordance with Chapter 23-6.2 of the Miami City Code; and WHEREAS, pursuant to Section 23-6.2(e) of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by the Appellant on the grounds stated in the Appeal, filed May 15, 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: 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 File Id: 12-00616ha (Version: 3) Printed On: 9/17/2012 File Number: 12-00616ha Section 2. The City Commission reverses the decision of the HEPB and grants 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 JULIE O. BRU CITY ATTORNEY 4 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: 12-00616ha (Version: 3) Printed On: 9/17/2012