HomeMy WebLinkAboutR-13-0507City of Miami
Legislation
Resolution: R-13-0507
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01266ha Final Action Date: 12/12/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL, IN
PART, FILED BY L. ELIJAH STIERS AND MELISSA FERNANDEZ-STIERS
("APPELLANTS") AND REVERSING, IN PART, 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 facade; 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: 5) Printed On: 9/25/2017
File Number: 13-01266ha Enactment Number: R-13-0507
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 in part and grants the appeal
in part giving rise to this hearing in the following particulars: a) condition 2 set forth in Resolution No.
HEPB-R-13-072 shall not apply to the window on the east facing the water. That window may be
closed; b) condition 3 set forth in Resolution No. HEPB-R-13-072 is removed and reversed by the City
Commission. Bahama Shutters will not be required. Except as set forth herein, the remainder of
Resolution No. HEPB-R-13-072 is affirmed.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
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: 5) Printed On: 9/25/2017