HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #1158
Date: 10/05/2016
Commission Meeting Date: 11/17/2016
Requesting Department: Department of
Planning and Zoning
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: HEPB Decision Appeal - Intended Decision BD15-015711-011 & 16-166
LOCATION: Approximately 2958 Bird Avenue [Commissioner Ken Russell - District 2]
INTENDED DECISION APPLICANT(S): Walter Lessberg-Konig, Property Owner
APPELLANT(S) TO HEPB: Jim McMaster, on behalf of The Grove Tree -Man Trust
APPELLANT(S) TO CITY COMMISSION: Jim McMaster, on behalf of The Grove Tree -Man
Trust
PURPOSE: This is an appeal seeking to reverse the decision of the HEPB.
FINDING(S):
ENVIRONMENTAL RESOURCES: Recommended approval of the Intended Decision.
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the appeal on
September 9, 2016, by a vote of 5-1.
Budget Impact Analysis
Item has NOT an Expenditure
Total Fiscal Impact:
Department of Planning and Zoning Olga Zamora
Legislative Division
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
Nicole Ewan
Nicole Ewan
Nicole Ewan
Nicole Ewan
Reviewed B
Department Head Review Completed
Legislative Division Review Skipped
Deputy City Attorney Review Skipped
Approved as to Form and Correctness
Meeting Completed
Review Pending Pending
10/05/2016 1:01 PM
10/27/2016 7:53 AM
10/27/2016 7:53 AM
Skipped
10/27/2016 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1158 Final Action Date:11/17/2016
VOLUNTARILY WITHDRAWN BY APPELLANT ON 11/05/2016 - A RESOLUTION
OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED
BY THE GROVE TREE -MAN TRUST, INC. ("TREE -MAN TRUST") AND AFFIRMING
OR REJECTING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD'S DENIAL OF AN APPEAL OF THE ISSUANCE OF
INTENDED DECISION BD15-015711-011 & 16-166 FILED BY THE TREE -MAN
TRUST REGARDING THE REMOVAL AND MITIGATION OF TREES LOCATED AT
APPROXIMATELY 2958 BIRD AVENUE, MIAMI, FLORIDA.
WHEREAS, on July 29, 2016, the City of Miami issued Intended Decision BD15-015711-
001 & 16-166 for the removal and relocation of trees located at approximately 2958 Bird
Avenue, Miami, Florida; and
WHEREAS, on August 5, 2016, Jim McMaster, President of The Grove Tree -Man Trust
("Tree -Man Trust"), filed an appeal to the Miami Historic and Environmental Preservation Board
("HEPB") pursuant to Section 17-40(a) of the Code of the City of Miami, Florida, as amended
("City Code"); and
WHEREAS, on September9, 2016, the HEPB adopted Resolution HEPB-R-16-051,
denying the appeal filed by Tree -Man Trust; and
WHEREAS, on September 30, 2016, Jim McMaster, President of Tree -Man Trust filed
an appeal to the City Commission pursuant to Section 17-40(b) of the City Code, and pursuant
to case law; 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/is
not competent substantial evidence in the record to reject/affirm the HEPB's denial of the
appeal; 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
affirming/rejecting the decision of the HEPB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City
Commission grants/denies Tree -Man Trust's appeal and affirms/rejects the City's issuance of
Intended Decision BD15-015711-001 & 16-166 on July 29, 2016 for the removal of and
mitigation of trees located at approximately 2958 Bird Avenue, Miami, Florida;
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 if fully set forth in this Section.
Section 2. The City Commission grants/denies the appeal and affirms/rejects the
decision of the HEPB as set forth in HEPB-R-16-051, thereby granting/rejecting Intended
Decision BD15-015711-001 & 16-166.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS: