HomeMy WebLinkAboutR-12-0448City of Miami
Legislation
Resolution: R-12-0448
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00887ha Final Action Date: 11/15/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY CUSHMAN SCHOOL, OWNER, WITH CONDITIONS, 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, for 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 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, with conditions stated on the record;
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: 4) Printed On: 12/13/2017
File Number: 12-00887ha Enactment Number: R-12-0448
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}
CONDITIONS
Based on analysis and findings, the City Commission recommends granting the appeal filed by the
Cushman School with the following conditions as stated herein and more particularly stated on the
record:
1) The Cushman School shall provide to the City of Miami Planning Department a draft master plan
for the development of its campus by no later than March, 2013.
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: 4) Printed On: 12/13/2017