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Miami, FL 33133 -
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File Number: 14-00421ha Final Action Hate:
A RESOLUTION OF THE MIAMI CITY COMMISSION REVERSING THE MIAMI
_N;ISTORIC PRESERVATION AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL OF AN APPLICATION FOR A SPECIAL CERTIFICATE,OF
AOROPRIATENESS WITH CONDITIONS FOR THENEW CONSTRUCTION
OF A MIXED-USE BUILDING AT 4510 NORTHEAST 2NDAVENUEAND 191
NORTHEAST 45TH STREET, MIAMI, FLORIDA, WITHIN THE BUENA VISTA
EAST HISTORIC DISTRICT.
WHEREAS, on June 3, 2014, the Miami Historic Preservation and Environmental,Preservation
Board ("HEPB") adopted Resolution HEPB-R-14-025, approving an application for a special Certificate
of Appropriateness ("COX), for the new construction of a mixed -used building at 4510 Northeast 2nd
Avenue and 191 Northeast 45th Street, Miami, Florida; and
WHEREAS, Mr. Luis R. Gutierrez ("Appellant") filed an appeal pursuant to the City of Miami Code
Section 23-6.2(e); and
WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity
to be heard has been afforded to all parties and members of the public, there is no competent
substantial evidence in the record to support approval of the COA; and
WHEREAS, the Miami 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; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission
reverses the HEPB's approval of a COA for the new construction of a mixed -used building;
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.
Section 2. The City Commission grants the appeal and reverses the decision of the HEPB as set
forth in HEPB-R-14-025, which approved the COA with conditions, thereby denying the COA.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. (1 }
City of Mia tit i Page 1 of 2 File Id. 14-00421 ha ([version: 3) Printed Ota: 9116/2014
City of Miamiz
t,
' iixnonr anarss pa ti
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133 -
www.miamigov.com
File Number: 14-00421ha Final Action Hate:
A RESOLUTION OF THE MIAMI CITY COMMISSION REVERSING THE MIAMI
_N;ISTORIC PRESERVATION AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL OF AN APPLICATION FOR A SPECIAL CERTIFICATE,OF
AOROPRIATENESS WITH CONDITIONS FOR THENEW CONSTRUCTION
OF A MIXED-USE BUILDING AT 4510 NORTHEAST 2NDAVENUEAND 191
NORTHEAST 45TH STREET, MIAMI, FLORIDA, WITHIN THE BUENA VISTA
EAST HISTORIC DISTRICT.
WHEREAS, on June 3, 2014, the Miami Historic Preservation and Environmental,Preservation
Board ("HEPB") adopted Resolution HEPB-R-14-025, approving an application for a special Certificate
of Appropriateness ("COX), for the new construction of a mixed -used building at 4510 Northeast 2nd
Avenue and 191 Northeast 45th Street, Miami, Florida; and
WHEREAS, Mr. Luis R. Gutierrez ("Appellant") filed an appeal pursuant to the City of Miami Code
Section 23-6.2(e); and
WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity
to be heard has been afforded to all parties and members of the public, there is no competent
substantial evidence in the record to support approval of the COA; and
WHEREAS, the Miami 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; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission
reverses the HEPB's approval of a COA for the new construction of a mixed -used building;
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.
Section 2. The City Commission grants the appeal and reverses the decision of the HEPB as set
forth in HEPB-R-14-025, which approved the COA with conditions, thereby denying the COA.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. (1 }
City of Mia tit i Page 1 of 2 File Id. 14-00421 ha ([version: 3) Printed Ota: 9116/2014
File Number.• 14-0042.1 ha
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENOEZ
CITY ATTORNEYS d �,
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
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 Mianu Page 2 of 2 File Id. 14-00421ha (Version: 3) Printed On: 9/16/2014