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HomeMy WebLinkAboutLegislation (Versions 2 & 3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00887ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE CUSHMAN SCHOOL, OWNER, AND AFFIRMING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A HISTORICALLY -CONTRIBUTING STRUCTURE LOCATED AT APPROXIMATELY 5973 NORTHEAST 5TH AVENUE, WITHIN THE PALM GROVE 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 the preservation of existing structures which are historic sites or located in historic districts; and WHEREAS, a Special Certificate of Appropriateness application for demolition of a historically -contributing home was filed by the Owner, The Cushman School("Appellant"), represented by Javier Fernandez, Esq., of the subject property at 5973 Northeast 5th Avenue, Miami, Florida, within the Palm Grove Historic District; and WHEREAS, the HEPB, at its meeting on July 20, 2012, following an advertised public hearing, adopted Resolution No. HEPB-2012-52 by a vote of five to zero (5-0), item no. 10, denied a Special Certificate of Appropriateness after finding that the proposed work by the Appellant does not comply with the criteria/guidelines for issuing a demolition permit and the applicant did not prove a hardship of its contiguous properties located in the 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 should be stated in the Appeal, filed August 3, 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: 12-008871za (Version: 2) Printed On: 9/17/2012 File Number: 12-00887ha 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 is 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 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: 12-00887ha (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: 12-00887ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY CUSHMAN SCHOOL, OWNER, AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A HISTORICALLY -CONTRIBUTING STRUCTURE LOCATED AT APPROXIMATELY 5973 NORTHEAST 5TH AVENUE, WITHIN THE PALM GROVE 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 the preservation of existing structures which are historic sites or located in historic districts; and WHEREAS, a Special Certificate of Appropriateness application for demolition of a historically -contributing home was filed by the Owner of the subject property at 5973 Northeast 5th Avenue, Miami, Florida, within the Palm Grove Historic District; and WHEREAS, the HEPB, at its meeting on July 20, 2012, following an advertised public hearing, adopted Resolution No. HEPB-2012-52 by a vote of five to zero (5-0), item no. 10, fora Special Certificate of Appropriateness after finding that the proposed work by the Appellant does not comply with the criteria/guidelines for issuing a demolition permit and the applicant did not prove a hardship of its contiguous properties located in the 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 fully set forth in this Section. City of Miami Page 1 of 2 File Id: 12-00887ha (Version: 3) Printed On: 9/17/2012 File Number: 12-00887ha 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 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: 12-00887ha (Version: 3) Printed On: 9/17/2012