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.