HomeMy WebLinkAboutLegislation DENY AppealA RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY
THE GROVE TREE -MAN TRUST, INC. ("TREE -MAN TRUST") AND AFFIRMING 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
BD15-015711001 & 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 September 9, 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 competent substantial evidence in the record to 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 the decision of the HEPB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City
Commission denies Tree -Man Trust's appeal and affirms the City's issuance of Intended
Decision BD15015711-001 & 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 denies the appeal and affirms the decision of the
HEPB as set forth in HEPB-R-16-051, thereby granting 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 LEGAL FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
clays 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.