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File ID: 3706
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE
APPEAL FILED BY JAMES ROSENBERG AND OTHERS, AS LISTED
ON THE APPEAL LETTER FOR MORNINGSIDE PARK
("APPELLANTS"), AND REVERSING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS A HISTORIC RESOURCE
FOR THE PROPERTY LOCATED AT APPROXIMATELY 5215
NORTHEAST 7 AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER
01-32190230010, ALSO KNOWN AS "MORNINGSIDE PARK."
LOCATION: Approximately 5215 NE 7th Ave [Commissioner Ken Russell - District 2]
APPELLANT(S): James Rosenberg, abutting property owner, along with multiple
aggrieved parties.
APPLICANT(S): The Miami Historic and Environmental Preservation Board
PURPOSE: This will allow for the final designation of a property as a local historic
resource.
FINDING(S):
PRESERVATION OFFICE: Recommended approval.
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Adopted with
modifications on January 2, 2018, by a vote of 6-1.
City of Miami
Legislation
Resolution
Enactment Number: R-18-0229
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3706 Final Action Date:5/24/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY JAMES ROSENBERG AND OTHERS, AS LISTED ON THE APPEAL
LETTER FOR MORNINGSIDE PARK ("APPELLANTS"), AND REVERSING THE
DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD'S APPROVAL, PURSUANT TO SECTION 23-4 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, OF THE FINAL EVALUATION OF LOCAL
DESIGNATION AS A HISTORIC RESOURCE FOR THE PROPERTY LOCATED AT
APPROXIMATELY 5215 NORTHEAST 7 AVENUE, MIAMI, FLORIDA, WITH THE
FOLIO NUMBER 01-32190230010, ALSO KNOWN AS "MORNINGSIDE PARK."
WHEREAS, on January 2, 2018, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.4, pursuant to Section
23-4 of the Code of the City of Miami, Florida, as amended ("City Code"), the final evaluation of
local designation as a historic resource for the property located at approximately 5215 Northeast
7 Avenue, Miami, Florida ("Property"), with the folio number 01-32190230010, also known as
"Morningside Park", and adopted Resolution No. HEPB-R-18-001 by a vote of six to one (6-1)
approving, with modifications, the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-4 of the City Code,
applications for Historic Resource Nominations are processed in accordance with the
procedures set forth for the Designation of Historic Resources, Historic Districts, and
Archaeological Sites and Zones; and
WHEREAS, on February 2, 2018, James Rosenberg and others, as listed on the Appeal
Letter for Morningside Park ("Appellants"), filed an appeal to the City Commission pursuant to
Section 23-4(c)(7) 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
substantial evidence in the record to reverse the decision of the HEPB approving the final
evaluation of local designation as a historic resource, for the Property, also known as
"Morningside Park," pursuant to Section 23-4 of the City Code; and
WHEREAS, for the reasons included in the record at the public hearing, the City
Commission, having considered the arguments and facts, finds that there is competent
substantial evidence to grant the appeal and therefore reverses the decision of HEPB, set forth
in Resolution No. HEPB-R-18-001, which designated Morningside Park as a historic resource;
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-18-001 and denies the approval of the final
evaluation of local designation, pursuant to Section 23-4 of the City Code as a historic
resource, for the Property located at approximately 5215 Northeast 7 Avenue, Miami, Florida,
with Folio No. 01-3219-023-0010, also known as "Morningside Park."
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 4/17/2018
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.