HomeMy WebLinkAboutR-17-0155City of Miami
Resolution R-17-0155
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1678 Final Action Date: 3/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY 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"), in the Riverview Historic District, and adopted Resolution No. HEPB-
R-16-073 by a vote of five to zero (5-0) denying the same; 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 or 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, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, 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.
City of Miami Page 1 of 2 File ID: 1678 (Revision: A) Printed On: 3/20/2025
File ID: 1678 Enactment Number: R-17-0155
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
endez, City Attor2/13/2017
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.
City of Miami Page 2 of 2 File ID: 1678 (Revision: A) Printed on: 3/20/2025