HomeMy WebLinkAboutR-16-0306Vop City of Miami
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Resolution: R-16-0306
File Number: 16-00738ha
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/23/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED
BY JEFFERY JERNIGAN, AND AFFIRMING THE DECISION OF THE HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED THE
RECLASSIFICATION OF THE PROPERTY LOCATED AT APPROXIMATELY 15-17
NORTHEAST 42 STREET, MIAMI, FLORIDA FROM A NON-CONTRIBUTING
STRUCTURE TO A CONTRIBUTING STRUCTURE, WITHIN THE BUENA VISTA
EAST HISTORIC DISTRICT.
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the
responsibility of preserving and conserving the properties of historic, architectural, environmental and
archeological significance; and
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:
City of Miand Page 1 of 2 File Id. 16-00738ha (Version: 4) Printed On: 5/14/2018
File Number: 16-00738ha
Enactment Number: R-16-0306
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 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 }
Footnotes:
{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 2 of 2 File Id. 16-00738ha (Version: 4) Printed On: 5/14/2018