HomeMy WebLinkAboutCC Legislation (Version 4)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),
GRANTING THE APPEAL FILED BY MICHAEL FAAS, RAFFAOULAJAMI, WASIM
SHOMAR AND SHADI SHOMAR (APPELLANTS), AND REVERSING 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 the properties of historic, architectural, environmental and
archeological significance; and
WHEREAS, among the HEPB's duties are those to hear and consider 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, based upon the staff report presented to HEPB, the City Commission, by passing this
Resolution, adopts the staff report finding 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
City of Miami
Page 1 of 2 File Id: 13-00403 (Version: 4) Printed On: 6/6/2013
File Number: 13-00403
WHEREAS, pursuant to Section 23-4(7) of the City Code, an appeal to the City Commission has
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 the 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 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 reverses the decision of the HEPB and grants the appeal giving
rise to this hearing. The City Commission further finds that the foregoing historic site does comply with
the applicable criteria set forth in Chapter 23 of the City Code for historic site designation, and
therefore designates 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:'
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: 13-00403 (Version: 4) Printed On: 6/6/2013