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Home My WebLink AboutLegislation-SUB• City of Miami City Hall ti. 3500 Pan American Drive . E.....,7..tEi{)* Miami, FL 33133 to 44 Legislation www.miamigov.com U g1f?� --' Resolution: R-16-0306 File Number: 16-00738ha Final Action Date: 6/23/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL O Z m W FILED BY JEFFERY JERNIGAN, AND AFFIRMING THE DECISION OF THE Z 2 HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED ° D J u THE RECLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY N oc 15-17 NORTHEAST 42 STREET, MIAMI, FLORIDA FROM A NON-CONTRIBUTING z D c� STRUCTURE TO A CONTRIBUTING STRUCTURE, WITHIN THE BUENA VISTA0 U_ aW EAST HISTORIC DISTRICT. `� °- o ��c Y Z U Z yJ W Q 2 m = WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the o Z a responsibility of preserving and conserving the properties of historic, architectural, environmental and cD Z archeological significance; and UJ o N WHEREAS, among the HEPB's duties are those to hear and consider designations of historic sites, historic districts, or archeological zones under the applicable criteria found under the provisions of Chapter 23 of the Code of the City of Miami, Florida, as amended ("City Code"), entitled Historic Preservation, the HEPB's Rules of Procedure, and other applicable laws; and WHEREAS, on May 3, 2016, the HEPB considered the reclassification of the property located at 15-17 Northeast 42 Street, Miami, Florida ("Property"); and WHEREAS, at the hearing on May 3, 2016, the HEPB considered the staff analysis prepared by the Preservation Office, the testimony of the Preservation Office's staff, and the testimony of Jeffery Jernigan ("Appellant"); and WHEREAS, the Preservation Officer recommended that the HEPB adopt the reclassification report and approve the reclassification of the Property from non-contributing structure to contributing structure; and WHEREAS, the HEPB, at its meeting on May 3, 2016, following an advertised public hearing, adopted HEPB Resolution No. HEPB-R-16-027 by a vote of five to zero (5-0), Item No. HEPB.1, to reclassify the Property from non-contributing structure to contributing structure; and WHEREAS, pursuant to Section 23-4(c)(7) of the City Code, an appeal to the City Commission has been taken by the Appellants on the grounds stated in the Appeal, filed on May 17, 2016; and WHEREAS, the City Commission, after careful consideration of the matter, finds that the stated grounds for the appeal and the facts, arguments, testimony and evidence presented in support thereof justify affirming the decision of the HEPB; 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 City of Mia tit i Page 1 of 2 File Id: 16-00738ha (Version: 4) Printed On: 7/7/2016 I1D-00T38hA lua�slr+;an-�(5 File Number: 16-00738ha Enactment Number: R-16-0306 reference and incorporated as if fully set forth in this Section. Section 2. The City Commission affirms the decision of the HEPB and denies the appeal giving rise to this hearing. Section 3. The City Commission further finds that the foregoing Property does comply with the applicable criteria set forth in Chapter 23 of the City Code and, therefore, affirms the reclassification of the Property as a contributing structure. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPRO D AS TQ' FORM AND CORRECTNESS: Y4CTORL"ENDEZ PAR,CITY ATTORNEY' tnotes {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 Miand Page 2 of 2 File Id. 16-00738ha (Version: 4) Printed On: 7/712016 SUBSTITUTED f City of Miami °°_P W,° Legislation ....; `4 l�yv Resolution File Number: 16-00738ha City Hall 3500 Pan American Drive Miami, FL 3313,3/ www.miamigov om Final Action A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT ), DENYING THE APPEAL FILED BY JEFFERY JERNIGAN, AND AFFIRMIN THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATIO BOARD, WHICH APPROVED THE RECLASSIFICATION OF THE PROPERTY CATED AT APPROXIMATELY 15-17 NORTHEAST 42 STREET, MIAMI, FLORI FROM A NON-CONTRIBUTING STRUCTURE TOA CONTRIBUTING STR TURE, WITHIN THE BUENA VISTA EAST HISTORIC DISTRICT. WHEREAS, the Historic and Environmental Preservation Boar ("HEPB") is charged with the responsibility of preserving and conserving the properties of hist ic, architectural, environmental and archeological significance; and WHEREAS, among the HEPB's duties are those to he and consider designations of historic sites, historic districts, or archeological zones under the pplicable criteria found under the provisions of Chapter 23 of the Code of the City of Miami, Florid as amended ("City Code"), entitled Historic Preservation, the HEPB's Rules of Procedure, and o er applicable laws; and WHEREAS, on May 3, 2016, the HEPB con0ered the reclassification of the property located at 15-17 Northeast 42 Street, Miami, Florida ("Pr erty"); and WHEREAS, at the hearing on May 3,16, the HEPB considered the staff analysis prepared by the Preservation Office, the testimony of e Preservation Office's staff, and the testimony of Jeffery Jernigan ("Appellant"); and WHEREAS, the Preservation?"icer recommended that the HEPB adopt the reclassification report and approve the reclassification fthe Property from non-contributing structure to contributing structure; and WHEREAS, the HEPB/at its meeting on May 3, 2016, following an advertised public hearing, adopted HEPB Resoluti6 No. HEPB-R-16-027 by a vote of five to zero (5-0), Item No. HEPB. 1, to reclassify the Property rom non-contributing structure to contributing structure; and WHEREAS, p suant to Section 23-4(c)(7) of the City Code, an appeal to the City Commission has been taken by tV Appellants on the grounds stated in the Appeal, filed on May 17, 2016; and WHERE 'the City Commission, after careful consideration of the matter, finds that the stated grounds fo the appeal and the facts, arguments, testimony and evidence presented in support thereof justify a ' ming the decision of the HEPB; /FR , THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, A: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by City of Mianai Page I of 2 File Id: 16-00738ha (Version: 3) Printed On: 611012016 SUBSTITUTED File Number: 96-00738ha reference and incorporated as if fully set forth in this Section. Section 2. The City Commission affirms the decision of the HEPB and denies /reciaification rise to this hearing. Section 3. The City Commission further finds that the foregoing Property does applicable criteria set forth in Chapter 23 of the City Code and, therefore, affirms tofthe Property as a contributing structure. Section 4. This Resolution shall become effective immediately upon its adoptiof the Mayor. {1 } APMOVED:AS TO,5 M AND CORRECTNESS: 3 -RIA M ATTOR {1} If the Mayor does not sign this Resolution, it shall be ome effective at the end of ten (10) calendar days from the date it was passed and adopted. If the ayor vetoes this Resolution, it shall become effective immediately upon override of the veto by t City Commission. City of Miami Page 2 of 2 File Id: 16-00738ha (Version:: 3) PHided On: 6/10/2016