HomeMy WebLinkAboutLegislation (v3)City of Miami.
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00741ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH, ATTACHMENT(S),
DENYING THE APPEAL FILED BY BRIAN T. JAMES AND NATHALIE CADET
JAMES, AND AFFIRMING THE DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED THE
RECLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 184
NORTHEAST 45 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 184 Northeast 45 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 Ben
Fernandez, Esq. on behalf of the Appellants; 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 18, 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:
City of Miami Page 1 of 2 File Id: 16-00741ha (Version: 3) Printed On: 6/8/2016
File Number: 16-00741 ha
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 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 }
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MEENDEZ
CITY ATTORNEY
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 Miami Page 2 of 2 File Id: 16-00741ha (Version: 3) Printed On: 6/8/2016