HomeMy WebLinkAboutR-25-0258City of Miami
Resolution R-25-0258
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17670 Final Action Date: 7/10/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY BERCOW RADELL FERNANDEZ LARKIN & TAPANES, PLLC ON
BEHALF OF THE PROPERTY OWNER, NICOLAS BERARDI AND
MAGDALENA MURMAN ("APPELLANT"), REVERSING THE DECISION OF
THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
DENIAL, AND GRANTING WITH CONDITIONS PURSUANT TO SECTION 23-
6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
OF THE APPELLANT'S APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS TO PERMIT AN ADDITION, AND AFTER -THE -FACT
ALTERATIONS AND SITE IMPROVEMENTS, ON A PROPERTY LOCATED
APPROXIMATELY AT 5935 NORTHEAST 6 COURT, MIAMI, FLORIDA, 33137,
WITHIN THE MORNINGSIDE HISTORIC DISTRICT, WITH FOLIO NUMBER 01-
3218-031-0450.
WHEREAS, on March 4, 2025, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed hearing, considered Item No. HEPB. 4, 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 ("SCOA") to permit an addition, and after -the -fact
alterations and site improvements, on a property located approximately at 5935 Northeast 6
Court, Miami, Florida with the Folio Number 01-3218-031-0450 ("Property"); and
WHEREAS, the application for the SCOA regarding the Property was for the addition,
and after -the -fact alterations and site improvements, located within the Morningside Historic
District ("Application"); and
WHEREAS, at the conclusion of the hearing, a motion to defer the Application resulted
in a unanimous vote of nine (9) to zero (0) of the HEPB members, constituting a deferral with
recommendations of the Application; and
WHEREAS, on April 1, 2025, the HEPB, at a duly noticed hearing, considered Item No.
HEPB. 2, pursuant to Section 23-6.2(b)(4) of the City Code, the Application for a SCOA
regarding the Property; and
WHEREAS, at the conclusion of the hearing, a motion to deny the Application resulted in
a vote of seven to one (7-1) of the HEPB members, constituting a denial of the Application and
resulted in the adoption of Resolution No. HEPB-R-25-013; and
WHEREAS, Bercow, Radell, Fernandez, Larkin & Tapanes, PLLC, on behalf of
Nicolas Berardi and Magdalena Murman ("Appellant"), timely filed an appeal to the City
Commission pursuant to Section 23-6.2(e) of the City Code; and
WHEREAS, after due notice and an opportunity to be heard has been afforded to all
City of Miami Page 1 of 3 File ID: 17670 (Revision: A) Printed On: 8/25/2025
File ID: 17670 Enactment Number: R-25-0258
parties and members of the public, based on the testimony and evidence presented, and for the
reasons stated on the record, the City Commission found competent substantial evidence in the
record to grant the appeal, reverses the decision of the HEPB Resolution No. HEPB-R-25-013,
and grants the SCOA with the conditions stated herein for the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 thereby reverses the decision of
the HEPB as set forth in Resolution No. HEPB-R-25-013 and grants the SCOA Application with
the following conditions:
1. The site shall be developed in accordance with the plans as prepared
by Fornaris Pau & Associates, LLC submitted as part of application
PZ-24-18260. The plans are deemed as being incorporated by reference
herein.
2. At time of permitting and/or sub -permitting, manufacturer's brochures
or color photographs of proposed design elements and materials
including but not limited to windows, doors, railings, roofing, etc. shall be
submitted for approval.
3. All glass to be clear and/or Low-E. Tinted, and/or opaque glass is not allowed.
4. The Resolution shall be included in the master permit set.
5. The Applicant shall comply with its the "Preliminary Zoning Review —
HEP Review" and all applicable requirements of the Miami 21 Code and
Chapter 17, Chapter 23 of the City of Miami Code of Ordinances.
6. The Applicant shall comply with the requirements of all
department/agencies as part of the City of Miami building permit
submittal process.
7. Applicant to restudy the roof and match the eave line (depth) and roof pitch to
that of the one-story massing. Staff to approve of the final roof design from
the study.
8. Applicant to restudy the window to wall ratio, especially at the side elevations.
The window to wall ratio should mimic the rhythm and proportions of
openings found on contributing structures in the district. Staff to approve of
the final windows from the study.
9. Applicant to modify the driveway -walkway width and materials to meet
Historic and Zoning code requirements.
10. Applicant to remove the keystone wall and any landscaping in front of the
addition and historic structure.
City of Miami Page 2 of 3 File ID: 17670 (Revision: A) Printed on: 8/25/2025
File ID: 17670 Enactment Number: R-25-0258
11. Applicant to modify the enclosed loggia with clear glass panels that are
placed in the historic openings to retain the original appearance of the loggia
with piers.
12. Approval of this Application does not convey or grant any approvals for
waivers, warrants, or exceptions pursuant to Chapter 23 of City of Miami
Code of Ordinances.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C y�ttor y / 7/30/2025
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.
City of Miami Page 3 of 3 File ID: 17670 (Revision: A) Printed on: 8/25/2025