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File ID: 1679
Title: 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 964 SOUTHWEST
3RD STREET, MIAMI, FLORIDA, WHICH IS LOCATED WITHIN THE
RIVERVIEW HISTORIC DISTRICT.
LOCATION: Approximately 964 SW 3 Street [Commissioner Frank Carollo - District 3]
APPLICANT(S) TO HEPB: Michael Esser, Owner
APPELLANT(S) TO CITY COMMISSION: Michael Esser, Owner
PURPOSE: This is an appeal seeking the reversal of a decision made by the HEPB.
FINDING(S):
PRESERVATION OFFICE: Recommended denial of the application.
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the application on
December 6, 2016, by a vote of 5-0.
City of Miami
Legislation
Resolution
Enactment Number: R-17-0156
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1679 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 964 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.11, 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 964 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-16-074;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI 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-16-074 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 its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
"ndez, City ttor
ey 2113/2017
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.