HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
THE PALM GROVE HISTORIC PRESERVATION BOARD, BOB POWERS, ALISA CEPEDA,
AND THE MIMO BISCAYNE ASSOCIATION BOARD (THE "APPELLANTS") AND
REVERSING 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 reverse 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 grants the appeal and reverses 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 grants the appeal and reverses the decision of the
HEPB as set forth in Resolution No. HEPB-R-18-022 and denies the issuance of a 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.