HomeMy WebLinkAboutLegislation GRANTING the AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
MR. MICHAEL ESSER AND REVERSING THE DECISION OF THE MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF THE APPLICATION FOR A
SPECIAL CERTIFICATE OF APPROPRIATENESS THAT WAS SOUGHT IN ORDER TO
ALLOW FOR THE DEMOLITION AND CONSTRUCTION OF A NEW PROPERTY LOCATED
AT APPROXIMATELY 956 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, WHICH IS
LOCATED WITHIN THE RIVERVIEW HISTORIC DISTRICT.
WHEREAS, on December 6, 2016 the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.10, an application for a
Special Certificate of Appropriateness to allow for the demolition of an existing contributing
structure and construction of a new structure located at approximately 956 Southwest 3rd Street,
Miami, Florida ("Property"), and adopted Resolution No. HEPB-R-16-073 by a vote of five -to -
zero (5-0) denying the same because the structure on the Property is a contributing historical
structure in the Riverview Historic District; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2 of the Code of the
City of Miami, Florida, as amended ("City Code"), applications for demolitions and new
construction in a historic district are processed in accordance with the procedures set forth for a
Special Certificate of Appropriateness; and
WHEREAS, on December 13, 2017, Michael Esser ("Appellant") filed an appeal to the
City Commission pursuant to Section 23-6.2(e) of the City Code; and
WHEREAS, based on the testimony and evidence presented there is substantial
evidence in the record to reverse the decision of the HEPB denying the application for a Specific
Certificate of Appropriateness for the demolition and construction of a new structure on the
Property; and
WHEREAS, for the reasons stated on the record, at the public hearing on February 23,
2017, the City Commission grants the appeal and reverses the adoption of Resolution No.
HEPB-R-16-073;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI CITY 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 Resolution No. HEPB-R-16-073 and grants the issuance of a Special
Certificate of Appropriateness to the Appellant for the Property.
Section 3. This Resolution shall become effective immediately upon: 1) its adoption by
the Commission of the City of Miami and 2) the application of the 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.