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HomeMy WebLinkAboutLegislation DENYING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY LAZARO PRIEGUES (THE "APPELLANT") AND AFFIRMING THE CITY OF MIAMI'S ISSUANCE OF INTENDED DECISION B-30804 FOR THE REMOVAL OF NINETEEN THATCH PALM IN THE GENERAL AREA LOCATED AT THE INTERSECTION OF SOUTHWEST 19TH AVENUE AND SOUTHWEST 14TH TERRACE, MIAMI, FLORIDA. WHEREAS, on April 26, 2017, the City of Miami ("City") issued Intended Decision 6- 30804 for the removal of nineteen Thatch palms planted in the area located at the intersection of SW 19th Avenue and SW 14 Terrace in Miami, Florida; and WHEREAS, on May 9, 2017, Lazaro Priegues ("Appellant"), filed an appeal to the Miami City Commission (City Commission") pursuant to Section 17-8(b) of the Code of the City of Miami, Florida, as amended ("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 competent substantial evidence in the record to affirm the City's issuance of Intended Decision B-30804; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated grounds for the appeal, and the facts presented in support thereof, justify affirming the City's issuance of Intended Decision B-30804; and WHEREAS, for the reasons stated on the record at the public hearing, the City Commission denies the appeal and affirms the City's issuance of Intended Decision B-30804 on April 26, 2017 for the removal of and mitigation of nineteen Thatch palm trees located at the general area at the intersection of SW 19th Avenue and SW 14th Terrace, Miami, Florida; 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 City as set forth through Intended Decision B-30804, thereby granting Intended Decision B-30804. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO LEGAL FORM AND CORRECTNESS: 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. VICTORIA MENDEZ CITY ATTORNEY