HomeMy WebLinkAboutLegislation GRANTING the appealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
MR. MICHAEL ESSER AND REJECTING 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
also known as ("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.11, an
application for a Special Certificate of Appropriateness to allow the demolition and construction
of a new structure located at approximately 964 Southwest 3rd Street, Miami, Florida
("Property"), and denied the application by a five to zero (5-0) vote due to the fact that the
Property is a contributing historical structure in the Riverview Historic District, and adopted
Resolution No. HEPB-R-16-074; 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, Mr. Michael Esser ("Appellant") filed an appeal to
the Miami City Commission pursuant to Chapter 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 reject/affirm the HEPB's denial of the application for a
Specific Certificate of Appropriateness for the demolition and construction of a new property;
and
WHEREAS, for the reasons stated on the record, at the public hearing on December 6,
2016, the Miami City Commission grants the Appellant's appeal and rejects 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. Thus the City Commission grants the appeal and rejects 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.