HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
'Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00403 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL FILED BY MICHAEL FAAS, RAFFAOULAJAMI, WASIM
SHOMAR AND SHADI SHOMAR (APPELLANTS), AND AFFIRMING A DECISION OF
THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH FAILED
TO APPROVE THE HISTORIC DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 1501 BRICKELL AVENUE, MIAMI, FLORIDA, AS A HISTORIC
SITE DUE TO A FAILURE TO HAVE THE REQUIRED FIVE (5) CONCURRING
VOTES FOR DESIGNATIONS, PURSUANT TO SECTION 62-29(D) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,ENTITLED "PROCEEDINGS".
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the
responsibility of preserving and conserving properties of historic, architectural, environmental and
archeological significance within the City of Miami ("City"); and
WHEREAS, among the HEPB's duties are those to hear and consider the designations of historic
sites, historic districts, or archeological zones under the applicable criteria found under the provisions
of Chapter 23 of the Code of the City of Miami, Florida, as amended ("City Code"), entitled Historic
Preservation, the HEPB's Rules of Procedure, and other applicable laws; and
WHEREAS, the designation of the property located at 1500 Brickell Avenue, Miami, Florida
("Property") was considered and the Designation Report, as amended, prepared by the Preservation
Office's Special Projects Coordinator, was accepted into the record, along with the testimony of the
Preservation Office's Special Projects Coordinator, the fact sheet prepared by the Preservation Officer,
the evidence of Michael Faas, Raffaoul Ajami, Wasim Shomar and Shadi Shomar ("Appellants")
appearing through their designated agent(s), and the evidence of the Property owner through their
designated agent(s) were considered by the HEPB; and
WHEREAS, the Preservation Officer recommended that the HEPB adopt the designation report
and approve the historic site designation and amendment to the Official Historic and Environmental
Preservation Atlas of the City; and
WHEREAS, the HEPB, at its meeting on April 8, 2013, following an advertised public hearing,
adopted Resolution No. HEPB-R-13-012 by a vote of 4 to 2, item no. 1, failing to designate the
Property as a historic site due to a lack of the required five (5) concurring affirmative votes required for
a designation, after a required majority of five (5) HEPB members failed to find that the site:
a. Has significance in the historical and architectural heritage of the City;
b. Possesses integrity of design, setting, materials, workmanship and association;
c. Meets criteria 3, 5, and 6 of Section 23-4(A) of the City Code for designation and further
incorporated therein the designation report, as amended, for the historic site; and
WHEREAS, pursuant to Section 23-4(7) of the City Code, an appeal to the City Commission has
City of Miami
Page 1 of 2 File Id: 13-00403 (Version: 3) Printed On: 6/6/2013
File Number: 13-00403
been taken by the Appellants on the grounds stated in the Appeal, filed April 22, 2013; 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 CITY 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,
Section 2. The City Commission affirms the decision of the HEPB and denies the appeal giving
rise to this hearing. The City Commission further finds that the foregoing historic site does not comply
with the applicable criteria set forth in Chapter 23 of the City Code for historic site designation, and
therefore does not designate this Property as a local historic site.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:
c„/
JULIE 0, 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: 13-00403 (Version: 3) Printed On: 6/6/2013