HomeMy WebLinkAboutR-18-0226City of Miami
Resolution R-18-0226
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3705 Final Action Date: 5/24/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL FILED BY THE PALM GROVE HISTORIC
PRESERVATION BOARD, BOB POWERS, ALISA CEPEDA, AND THE MIMO
BISCAYNE ASSOCIATION BOARD (COLLECTIVELY, "APPELLANTS") AND
AFFIRMING AND MODIFYING THE DECISION OF THE MIAMI HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH MODIFIED
CONDITIONS, PURSUANT TO SECTION 23-6.2(4) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, 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 Code of the City of
Miami, Florida, as amended ("City Code"), for the demolition of a non-contributing structure and
the new construction of a five (5) 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 the same with conditions; and
WHEREAS, the Owner has voluntarily proffered a covenant, attached and incorporated,
filed of record, that provides that the height of any or all structures on the Property will not
exceed that permitted under the T3-L transect, as described in the Miami 21 Code, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code") and further provides
that the permissible uses on the Property shall remain as allowed under the T5-L transect
regulations, or as allowable by special permit under the T5-L transect regulations, and the
Property may apply for and transfer floor area as may be permitted by Chapter 23 of the City
Code.
WHEREAS, pursuant to the applicable provisions of Section 23-6.2(4) of the 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 the Appellants now wish include the MiMo Biscayne Association, Inc., a Florida not
City of Miami Page 1 of 3 File ID: 3705 (Revision: A) Printed On: 3/31/2025
File ID: 3705 Enactment Number: R-18-0226
for profit corporation, who were not originally Appellants; 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 affirm the decision of the HEPB approving with
conditions, as herein modified, 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 (5) story multi -family residence, with a rooftop terrace, for the
Property; and
WHEREAS, the Appellate Hearings under Chapter 23 of the City Code are de novo
hearings and the City Commission may affirm, reverse or modify the decision of the Historic and
Environmental Preservation Board; and
WHEREAS, having considered all evidence, arguments, and testimony presented, for
the reasons stated on the record at the public hearing, the City Commission denies the appeal
and affirms the adoption of Resolution No. HEPB-R-18-002, as modified, by the certain
conditions of the Special Certificate of Appropriateness modified herein;
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, and modifies, 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. The Special Certificate of Appropriateness approved by the HEPB, affirmed
herein, is modified by the City Commission with these conditions that will become part of the
official record and will be included in a Supplement or Modification to the Special Certificate of
Appropriateness set forth in Resolution No. HEPB R-18-002:
a. The multi -family residence shall be four (4) stories, with a rooftop terrace.
b. The multi -family residence shall not exceed a height of forty-five (45) feet to the roof,
excluding the rooftop terrace, as measured from the base of the building utilizing the
Building Height Definition in Article 1 of the Miami 21 Code.
c. The multi -family residence shall be built substantially in accordance with the revised
Architectural Diagrams, Renderings, Plans and Drawings ("Plans") dated May 24, 2018,
prepared, signed, and sealed by Dean B Lewis, AIA, DB Lewis -Architect, for Project
1707, Deerfield Lofts 45, 571 Northeast 67 Street, Miami, Florida 33138 ("Palm Grove").
The Revised Plans are deemed as being incorporated by reference herein and made a
part hereof.
d. Except as herein modified, all other conditions of the Special Certificate of
Appropriateness set forth in Resolution No. HEPB-R-18-002 continue in effect.
Section 4. 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
City of Miami Page 2 of 3 File ID: 3705 (Revision: A) Printed on: 3/31/2025
File ID: 3705
APPROVED AS TO FORM AND CORRECTNESS:
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ey 6/19/2018
Enactment Number: R-18-0226
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.
City of Miami Page 3 of 3 File ID: 3705 (Revision: A) Printed on: 3/31/2025