HomeMy WebLinkAboutLegislation GRANT AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE
APPEAL FILED BY BABYLON INTERNATIONAL, INC. AND REVERSING
THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD APPROVING THE FINAL EVALUATION OF LOCAL DESIGNATION
OF AN HISTORIC RESOURCE FOR THE PROPERTY LOCATED AT 240
SOUTHEAST 14TH STREET, MIAMI, FLORIDA.
WHEREAS, on April 5, 2016, Vice Chair of the Miami Historic and Environmental
Preservation Board ("HEPB") Lynn B. Lewis directed the Preservation Officer to prepare a
preliminary evaluation ("Preliminary Evaluation") for local designation of an historic resource for
the property located at 240 Southeast 14 Street, Miami, Florida ("Property"); and
WHEREAS, on May 3, 2016, after a duly noticed public hearing, the HEPB considered
the Preliminary Evaluation and adopted HEPB Resolution No. 16-022, by a vote of 5-0,
approving the Preliminary Evaluation report; and
WHEREAS, on May 3, 2016, the HEPB considered public input and directed the
Preservation Officer to prepare a final evaluation for local designation of an historic resource
("Final Evaluation") for the Property for the HEPB meeting scheduled for July 5, 2016; and
WHEREAS, on July 5, 2016, after a duly noticed public hearing, the HEPB considered
the Final Evaluation and adopted HEPB Resolution No. 16-033, by a vote of 6-0, approving the
Final Evaluation and approved the local designation of the Property as a historic resource
having determined the Property to be exceptionally important; and
WHEREAS, on July 20, 2016, Babylon International, Inc. ("Owner" and/or "Appellant")
filed a timely appeal to the City Commission pursuant to Section 17-40(b) of the Code of the
City of Miami, Florida, as amended; 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 reverse the HEPB's decision; 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
reversing 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 Final Evaluation for the Property;
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 reverses the decision of the
HEPB as set forth in HEPB-R-16-033, thereby rejecting the Final Evaluation for the Property.
The City Commission's decision is final and any appeal is to be made as provided in the Florida
Rules of Appellate Procedure.
Section 3. This Resolution shall become effective immediately upon its adoption and
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.