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HomeMy WebLinkAboutLegislation DENYING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY THE PALM GROVE HISTORIC PRESERVATION BOARD, BOB POWERS, ALISA CEPEDA, AND THE MIMO BISCAYNE ASSOCIATION BOARD (THE "APPELLANTS") AND AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS, PURSUANT TO SEC. 23- 6.2(4) OF THE CITY CODE OF ORDINANCES, AN APPLICATION FOR A SPECIAL CERTIFICATION OF APPROPRIATENESS FOR THE DEMOLITION OF A NON- CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A FIVE -STORY MULTI- FAMILY RESIDENCE, WITH A ROOFTOP TERRACE, LOCATED AT APPROXIMATELY 571 NORTHEAST 67 STREET, MIAMI, FLORIDA, WITHIN THE PALM GROVE HISTORIC DISTRICT. WHEREAS, on January 2, 2018, the Historic and Environmental Preservation Board ("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.3, an application for a Special Certificate of Appropriateness, pursuant to Section 23-6.2(4) of the City Code, for the demolition of a non-contributing structure and the new construction of a five -story multi -family residence, with a rooftop terrace, located at approximately 571 Northeast 67 street ("Property"), and adopted Resolution No. HEPB-R-18-002 by a vote of four to three (4-3) approving with conditions the same; and WHEREAS, pursuant to the applicable provisions of Section 23-6.2(4) of the City Code of Miami, Florida, as amended ("City Code"), applications for Special Certificates of Appropriateness for locally designated historic resources are processed in accordance with the procedures set forth for a Special Certificate of Appropriateness; and WHEREAS, on January 17, 2018, the Palm Grove Historic Preservation Board, Bob Powers, and Alisa Cepeda ("Appellants"), filed an appeal to the City Commission pursuant to Section 23-6.2(e) of the City Code; and WHEREAS, on February 5, 2018, the Appellants filed a modified appeal letter to update content and include the MiMo Biscayne Association Board; 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 affirm the decision of the HEPB approving with conditions the application for a Special Certificate of Appropriateness, pursuant to Section 23-6.2(4) of the City Code, for the demolition of a non-contributing structure and the new construction of a five - story multi -family residence, with a rooftop terrace, for the Property; and WHEREAS, for the reasons stated on the record, at the public hearing on March 22, 2018, the City Commission denies the appeal and affirms the adoption of Resolution No. HEPB- R-18-002; 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 denies the appeal and affirms the decision of the HEPB as set forth in Resolution No. HEPB-R-18-002 and grants the issuance of Special Certificate of Appropriateness for the demolition of a non-contributing structure and the new construction of a five story multi -family residence, with a rooftop terrace for the Property. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. 1 APPROVED AS TO LEGAL FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 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.