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Resolution
Legislation
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VOLUNTARILY WITHDRAWN BY APPELLANT ON 11/05/2016 - A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:
City of Miami Page 1 of 2 File ID: 1158 (Revision: A) Printed On: 9/9/2024
File ID: 1158 Enactment Number:
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:
City of Miami Page 2 of 2 File ID: 1158 (Revision: A) Printed on: 9/9/2024