HomeMy WebLinkAboutLegislation GRANTING the AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE
APPEAL FILED BY DR. JOHN SNYDER AND REVERSING THE DECISION
OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD'S APPROVAL, WITH CONDITIONS, OF FIVE WAIVERS FOR THE
PROPERTY LOCATED AT 3701 PARK AVENUE, MIAMI, FLORIDA.
WHEREAS, on November 1, 2016 the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.6, an application for
five (5) waivers for the property located at 3701 Park Avenue, Miami, Florida ("Property"), and
adopted by a vote of 6-0 approving, with conditions, Resolution No. HEPB-R-16-062; and,
WHEREAS, the HEPB is able to grant waivers, exceptions and exclusions for locally
designated historic resources under the applicable provisions of 23-6.1 of the Code of the
City of Miami, Florida, as amended ("City Code"); and,
WHEREAS, pursuant to applicable provisions of 23-6.2 of the City Code, applications
for a waiver(s), or exception or exclusion, are processed in accordance with the procedures
for a special certificate of appropriateness; and,
WHEREAS, the City Code allows any aggrieved party to file an appeal; and,
WHEREAS, on November 15, 2016 Dr. John Snyder ("Appellant"), a resident of the
area, filed an appeal to the City Commission pursuant to Chapter 23-46.2(e) of the City Code;
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 reverse the HEPB's approval of the waivers;
and,
WHEREAS, for the reasons stated on the record at the public hearing, the City
Commission grants the Appellant's appeal and reverses the HEPB's adoption of HEPB-R-16-
062 which approved, with conditions, five (5) waivers for the Property;
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 reverses the decision of the
HEPB as set forth in HEPB-R-16-062, which granted five (5) waivers, with conditions, for the
Property. The five (5) waivers in question are denied.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
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.