HomeMy WebLinkAboutLegislation GRANT AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY THE
GROVE TREE -MAN TRUST, INC. ("TREE -MAN TRUST") AND REJECTING THE DECISION OF THE
MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL OF
THE ISSUANCE OF INTENDED DECISION BD15015711-011 & 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 not
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 rejecting the
decision of the HEPB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission
grants Tree -Man Trust's appeal and 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 the appeal and rejects the decision of the HEPB as set
forth in HEPB-R-16-051, thereby rejecting Intended Decision BD15-015711-001 & 16166.
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
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.