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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 5901 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PETER R. WAGONER, AND MICHELE BEAUVAIS- WAGONER AND AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-6.2(b)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A TWO-STORY SINGLE-FAMILY STRUCTURE TO A NON-CONTRIBUTING PROPERTY, CURRENTLY VACANT, LOCATED AT APPROXIMATELY 5965 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA 33137, WITHIN THE MORNINGSIDE HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180340080. LOCATION(S): 5965 NE 6 Av [Commissioner Ken Russell- District 2] APPLICANT(S): Carlos Lago, Esq., on behalf of PIM INVESTMENT, LLC. APPELLANT(S): Peter R. Wagoner and Michele Beauvais -Wagoner, aggrieved parties PURPOSE: This appeal seeks to have the HEPB's decision reversed. FINDING(S): PLANNING DEPARTMENT PRESERVATION OFFICE: Recommended approval with conditions. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with conditions the issuance of the SCOA on April 2, 2019, by a vote of 5-1. City of Miami Legislation Resolution Enactment Number: R-19-0322 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5901 Final Action Date:7/25/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY PETER R. WAGONER, AND MICHELE BEAUVAIS-WAGONER AND AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT TO SECTION 23-6.2(b)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A TWO-STORY SINGLE-FAMILY STRUCTURE TO A NON-CONTRIBUTING PROPERTY, CURRENTLY VACANT, LOCATED AT APPROXIMATELY 5965 NORTHEAST 6TH AVENUE, MIAMI, FLORIDA 33137, WITHIN THE MORNINGSIDE HISTORIC DISTRICT WITH THE FOLIO NUMBER 0132180340080. WHEREAS, on April 2, 2019, the Historic and Environmental Preservation Board ("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.5, pursuant to Section 23-6.2(b)(4) of the Code of the City of Miami, Florida, as amended ("City Code"), the application for a Special Certificate of Appropriateness for the new construction of a two-story single-family structure to a non-contributing property, which is currently vacant, located at approximately 5965 Northeast 6th Avenue, Miami, Florida, within the Morningside Historic District with the Folio Number 0132180340080, and adopted Resolution No. HEPB-R-19-018, by a vote of five to one (5-1) approving the same with conditions; and WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City Code, applications for Special Certificates of Appropriateness are processed in accordance with the procedures set forth for Special Certificates of Appropriateness; and WHEREAS, on April 30, 2019, Peter R. Wagoner, Michele Beauvais -Wagoner, Jose Manuel Belsol, and Mariana Evora ("Appellants"), filed an appeal to the City Commission pursuant to Section 23-6.2(e) of the City Code; and WHEREAS, on June 24, 2019, Jose Manuel Belsol and Mariana Evora ("Co - appellants"), submitted a letter voluntarily withdrawing their participation in the appeal; and WHEREAS, the sole remaining Appellants are Peter R. Wagoner and Michele Beauvais - Wagoner; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties including the Appellants and the Appellee, City Staff, and members of the public, there is competent substantial evidence in the record to, affirm the decision of the HEPB, approving the application for a Special Certificate of Appropriateness for the new construction of a two-story single-family structure to a non- contributing property, located at approximately 5965 Northeast 6th Avenue, Miami, Florida, within the Morningside Historic District with the Folio Number 0132180340080, pursuant to Section 23-6.2(b)(4) of the City Code; and WHEREAS, in considering this Appeal, the City Commission accepted certain voluntary proffers made by the Appellee/Property Owner PIM Investment, LLC on the record at the public hearing of July 25, 2019 relative to maintenance of certain specified foliage and not to use this non-contributing property as a short-term rental as detailed below and WHEREAS, for the reasons included and/or stated on the record, at the public hearing on July 25, 2019, the City Commission /denies the appeal and affirms the adoption of Resolution No. HEPB-R-19-018, as it pertains to the appeal of this property; 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-19-018, and grants the application for a Special Certificate of Appropriateness for the new construction of a two-story single-family structure to a non-contributing property, located at approximately 5965 Northeast 6th Avenue, Miami, Florida, within the Morningside Historic District with the Folio Number 0132180340080. Section 3. The City Commission additionally accepts the voluntary proffer made on the record by Carlos Lago, Esq., legal representative of the Owner, at the July 25, 2019 public hearing, which will be included in a covenant to be submitted and approved by the HEPB Officer as to content, and by the City Attorney as to legal form, prior to issuance of any building permit. The covenant will provide that the Applicant/Owner will plant and maintain sufficient foliage to mask the visibility of the fencing around the Property from outside persons. Such foliage shall obscure views of the fence. The covenant will additionally provide that this non-contributing property, regardless of any changes in applicable regulations, will not be used for short-term rentals or Airbnb/ bed and breakfast uses. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 6/13/2019 ndez, City Nttor iey ) 7/9/2019 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.