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HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01266ha Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY L. ELIJAH STIERS AND MELISSA FERNANDEZ-STIERS ("APPELLANTS") AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH APPROVED WITH CONDITIONS A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS AND AN ADDITION TO A CONTRIBUTING BUILDING FOR THE PROPERTY LOCATED AT APPROXIMATELY 509 NORTHEAST 57TH STREET, WITHIN THE MORNINGSIDE 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 alterations of existing structures, which are historic sites or located in historic districts; and WHEREAS, a Special Certificate of Appropriateness application for a alterations and an addition to a contributing building was filed by the Appellants of the subject property at approximately 509 Northeast 57th Street, Miami, Florida, within the Morningside Historic District; and WHEREAS, the HEPB, at its meeting on November 5, following an advertised public hearing, adopted Resolution No. HEPB-R-13-072 by a vote of seven to zero (7-0), item no. 12, to APPROVE with conditions a Special Certificate of Appropriateness after finding that the proposed work by the Appellants does not comply with the criteria/guidelines for issuing of this property located in a historic district in accordance with Section 23-6.2 of the Miami City Code as follows: 1) All glass shall be clear; 2) The windows openings shall be kept and muntins shall be applied to the windows following the original pattern; 3) The Bahama Shutters shall be reinstated as well the shutters on the second floor windows; 4) The ironwork columns shall remain; and 5) The garage door shall remain; the new French doors may be placed on the work room west fa9ade; 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 Appellants on the grounds stated in the Appeal, filed November 19, 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 justify reversing the decision of the HEPB; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File Id: 13-01266ha (Version: 4) Printed On: 11/30/2013 File Number: 13-01266ha 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. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ 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: 13-01266ha (Version: 4) Printed On: 11/30/2013