HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
JAMES ROSENBERG AND OTHERS AS LISTED ON THE APPEAL LETTER FOR
MORNINGSIDE PARK (THE "APPELLANTS") AND REVERSING THE DECISION OF THE
MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL,
PURSUANT TO SEC. 23-4 OF THE CITY CODE OF ORDINANCES, OF THE FINAL
EVALUATION OF LOCAL DESIGNATION AS AN HISTORIC RESOURCE FOR A
PROPERTY LOCATED AT APPROXIMATELY 5215 NORTHEAST 7 AVENUE, MIAMI,
FLORIDA, WITH THE FOLIO NUMBER 0132190230010 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 City Code, of the final evaluation of local designation as an historic resource, for a
property located at approximately 5215 Northeast 7 Avenue, Miami, Florida, with the folio
number 0132190230010 also known as "Morningside Park", and adopted Resolution No. HEPB-
R-18-001 by a vote of six to one (6-1) approving the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-4 of the City Code of
Miami, Florida, as amended ("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 an historic resource, for a property located at approximately
5215 Northeast 7 Avenue, Miami, Florida, with the folio number 0132190230010 also known as
"Morningside Park", pursuant to Section 23-4 of the City Code; and
WHEREAS, for the reasons stated on the record, at the public hearing on April 26, 2018,
the City Commission grants the appeal and reverses the adoption of Resolution No. HEPB-R-
18-001;
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 as an historic resource, for a property located at approximately
5215 Northeast 7 Avenue, Miami, Florida, with the folio number 0132190230010 also known as
"Morningside Park".
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.