HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
DAYDREAMING, LLC (THE "OWNER") AND REJECTING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN APPEAL
OF THE ISSUANCE OF INTENDED DECISION BD16-009931-001 FILED BY NATHAN
KURLAND ("ABUTTING PROPERTY OWNER" OR "APPELLANT") REGARDING THE
REMOVAL AND MITIGATION OF TWO TREES AT APPROXIMATELY 3140 DAY AVENUE,
MIAMI, FLORIDA.
WHEREAS, on January 19, 2017, the City of Miami issued Intended Decision BD16-
009931-001 for the removal of two trees and the planting of five trees at the property located at
approximately 3140 Day Avenue, Miami, Florida; and
WHEREAS, on January 30, 2017, Nathan Kurland, an abutting property owner
("Appellant"), filed an appeal to the Miami Historic and Environmental Preservation Board
("HEPB") pursuant to Section 17-40(a) of the Code of the City of Miami, Florida, as amended
("City Code"); and
WHEREAS, on March 7, 2017, the HEPB adopted Resolution HEPB-R-17-017, denying
the appeal filed by the Appellant and discussing ten points it wished to see as part of the City's
Intended Decision; and
WHEREAS, on March 22, 2017, Daydreaming, LLC. (the "Owner") filed an appeal to the
City Commission pursuant to Section 17-40(b) 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 reject the HEPB's denial of the appeal; and
WHEREAS, the Miami City Commission, after careful consideration of this matter, finds
that the stated grounds for the appeal, and the facts presented in support thereof, justify
rejecting the decision of the HEPB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City
Commission grants the Owner's appeal and rejects the City's issuance of Intended Decision
BD16-009931-001 on January 19, 2017 for the removal of and mitigation of trees located at
approximately 3140 Day Avenue, Miami, Florida;
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 rejects the decision of the HEPB
as set forth in HEPB-R-17-017, thereby rejecting Intended Decision BD16-009931-001.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.1
1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
(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.