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Legislation
Resolution: R-16-0306
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00738ha
Final Action Date: 6/23/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY JEFFERY JERNIGAN, AND AFFIRMING THE DECISION OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED
THE RECLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY
15-17 NORTHEAST 42 STREET, MIAMI, FLORIDA FROM A NON-CONTRIBUTING
STRUCTURE TO A CONTRIBUTING STRUCTURE, WITHIN THE BUENA VISTA
EAST HISTORIC DISTRICT.
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, on May 3, 2016, the HEPB considered the reclassification of the property located at
15-17 Northeast 42 Street, Miami, Florida ("Property"); and
WHEREAS, at the hearing on May 3, 2016, the HEPB considered the staff analysis prepared by
the Preservation Office, the testimony of the Preservation Office's staff, and the testimony of Jeffery
Jernigan ("Appellant"); and
WHEREAS, the Preservation Officer recommended that the HEPB adopt the reclassification report
and approve the reclassification of the Property from non-contributing structure to contributing
structure; and
WHEREAS, the HEPB, at its meeting on May 3, 2016, following an advertised public hearing,
adopted HEPB Resolution No. HEPB-R-16-027 by a vote of five to zero (5-0), Item No. HEPB.1, to
reclassify the Property from non-contributing structure to contributing structure; and
WHEREAS, pursuant to Section 23-4(c)(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 on May 17, 2016; and
WHEREAS, the City Commission, after careful consideration of the matter, finds that the stated
grounds for the appeal and the facts, arguments, testimony and evidence presented in support thereof
justify affirming 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
City of Miami
Page 1 of 2 File Id: 16-00738ha (Version: 4) Printed On: 7/7/2016
I10-00-338hA lu4slr+;an-�(5
File Number: 16-00738ha
Enactment Number: R-16-0306
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.
Section 3. The City Commission further finds that the foregoing Property does comply with the
applicable criteria set forth in Chapter 23 of the City Code and, therefore, affirms the reclassification of
the Property as a contributing structure.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROD AS TO/FORM AND CORRECTNESS:
CTORI ENDE
CITY ATTORNE
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.
THIS DOCUMENT IS A SUBSTITUTION TO
City of Miami Page 2 of 2 File Id: 16-00738ha (Version: 4) Printed On: 7/7/2016
SUBSTITUTED
City of Miami
Legislation
Resolution
File Number: 16-00738ha
City Hall
3500 Pan American
Drive
Miami, FL 3313
www.miamigovom
Final Action D te:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT ),
DENYING THE APPEAL FILED BY JEFFERY JERNIGAN, AND AFFIRMIN' THE
DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATIO BOARD,
WHICH APPROVED THE RECLASSIFICATION OF THE PROPERTY •CATED AT
APPROXIMATELY 15-17 NORTHEAST 42 STREET, MIAMI, FLORID FROM A
NON-CONTRIBUTING STRUCTURE TO A CONTRIBUTING STR TURE, WITHIN
THE BUENA VISTA EAST HISTORIC DISTRICT.
WHEREAS, the Historic and Environmental Preservation Boar ("HEPB") is charged with the
responsibility of preserving and conserving the properties of hist' ic, architectural, environmental and
archeological significance; and
WHEREAS, among the HEPB's duties are those to he.. and consider designations of historic
sites, historic districts, or archeological zones under the .pplicable criteria found under the provisions
of Chapter 23 of the Code of the City of Miami, Floridas amended ("City Code"), entitled Historic
Preservation, the HEPB's Rules of Procedure, and o er applicable laws; and
WHEREAS, on May 3, 2016, the HEPB con
15-17 Northeast 42 Street, Miami, Florida ("Pr
ered the reclassification of the property located at
erty"); and
WHEREAS, at the hearing on May 3, d16, the HEPB considered the staff analysis prepared by
the Preservation Office, the testimony of e Preservation Office's staff, and the testimony of Jeffery
Jernigan ("Appellant"); and
WHEREAS, the Preservation
and approve the reclassification
structure; and
icer recommended that the HEPB adopt the reclassification report
f the Property from non-contributing structure to contributing
WHEREAS, the HEPB at its meeting on May 3, 2016, following an advertised public hearing,
adopted HEPB Resoluti. No. HEPB-R-16-027 by a vote of five to zero (5-0), Item No. HEPB.1, to
reclassify the Property rom non-contributing structure to contributing structure; and
WHEREAS, p suant to Section 23-4(c)(7) of the City Code, an appeal to the City Commission has
been taken by t Appellants on the grounds stated in the Appeal, filed on May 17, 2016; and
WHERE , the City Commission, after careful consideration of the matter, finds that the stated
grounds fo the appeal and the facts, arguments, testimony and evidence presented in support thereof
justify a ' ming the decision of the HEPB;
W, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI,
RIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
City of Miami Page 1 of 2 File Id: 16-00738ha (Version: 3) Printed On: 6/10/2016
SUBSTITUTED
File Number: 16-00738ha
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 givin
rise to this hearing.
Section 3. The City Commission further finds that the foregoing Property does comply w the
applicable criteria set forth in Chapter 23 of the City Code and, therefore, affirms the recta .ification of
the Property as a contributing structure.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
sir
APPIOVED:AS TO,F M AND CORRECTNESS:
VICTORIA MENDEZ
Y ATTORNEY
Footes:
{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 ► ayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by t - City Commission.
City of Miami Page 2 of 2
File Id: 16-00738ha (Version: 3) Printed On: 6/10/2016