HomeMy WebLinkAbout(v2)Tile Number: 16-00930ha
Thal Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY DOUGLAS C. BOEKER, MELANIE BOEKER, JUDY MILLER, CAROLINE
R. MEEK, OBDULIO MENENDEZ, MARIA DE LOS A. MENENDEZ, ANTHONY M.
O'ROURKE, SAHARA M. PORTALES, JESUS I. MENENDEZ, SANDRA I.
MENENDEZ, CHRISTOPHER CULBERT, KARA CULBERT, AND MARIA T.
FERNANDEZ AND REVERSING THE DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL OF A SPECIAL
CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A
SINGLE-FAMILY HOME AT 545 NORTHEAST 55 TERRACE, MIAMI, FLORIDA
WITHIN THE MORNINGSIDE HISTORIC DISTRICT.
WHEREAS, on June 7, 2016, the Miami Historic and Environmental Preservation Board
("HEPB") adopted Resolution HEPB-R-16-030, approving an application for a special Certificate of
Appropriateness ("COX), for the new construction of a single-family home at 545 Northeast 55
Terrace, Miami, Florida ("Property"); and
WHEREAS, Douglas C. Boeker, Melanie Boeker, Judy Miller, Caroline R. Meek, Obdulio
Menendez, Maria de los A. Menendez, Anthony M. O'Rourke, Sahara M. Portales, Jesus I. Menendez,
Sandra L Menendez, .Christopher Culbert, Kara Culbert, and Maria T. Fernandez filed an appeal
pursuant to Section 23-6,2(e) of the Code of the City of Miami, Florida, as amended; 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 support denial of the COA; 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 reversing the decision
of the HEPB; and.
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission
reverses the HEPB's approval of a COA for new construction of a single family home at the 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 grants the appeal and reverses the decision of the HEPB as
set forth in HEPB-R-16-030, thereby denying the COA.
City of Miand Page I of 2 File Id. 16-00930ha (TIersioru 2) PHit.ted On: 7/13/2016
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Resolution
Tile Number: 16-00930ha
Thal Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY DOUGLAS C. BOEKER, MELANIE BOEKER, JUDY MILLER, CAROLINE
R. MEEK, OBDULIO MENENDEZ, MARIA DE LOS A. MENENDEZ, ANTHONY M.
O'ROURKE, SAHARA M. PORTALES, JESUS I. MENENDEZ, SANDRA I.
MENENDEZ, CHRISTOPHER CULBERT, KARA CULBERT, AND MARIA T.
FERNANDEZ AND REVERSING THE DECISION OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL OF A SPECIAL
CERTIFICATE OF APPROPRIATENESS FOR THE NEW CONSTRUCTION OF A
SINGLE-FAMILY HOME AT 545 NORTHEAST 55 TERRACE, MIAMI, FLORIDA
WITHIN THE MORNINGSIDE HISTORIC DISTRICT.
WHEREAS, on June 7, 2016, the Miami Historic and Environmental Preservation Board
("HEPB") adopted Resolution HEPB-R-16-030, approving an application for a special Certificate of
Appropriateness ("COX), for the new construction of a single-family home at 545 Northeast 55
Terrace, Miami, Florida ("Property"); and
WHEREAS, Douglas C. Boeker, Melanie Boeker, Judy Miller, Caroline R. Meek, Obdulio
Menendez, Maria de los A. Menendez, Anthony M. O'Rourke, Sahara M. Portales, Jesus I. Menendez,
Sandra L Menendez, .Christopher Culbert, Kara Culbert, and Maria T. Fernandez filed an appeal
pursuant to Section 23-6,2(e) of the Code of the City of Miami, Florida, as amended; 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 support denial of the COA; 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 reversing the decision
of the HEPB; and.
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission
reverses the HEPB's approval of a COA for new construction of a single family home at the 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 grants the appeal and reverses the decision of the HEPB as
set forth in HEPB-R-16-030, thereby denying the COA.
City of Miand Page I of 2 File Id. 16-00930ha (TIersioru 2) PHit.ted On: 7/13/2016
File Number; 16-00930ha
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. (1)
AS TO FC<M ANP CORRECTNESS:
V
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 ofMiam! Page 2 of 2 File Irl: 16-00930ha Maslow 2) A-litted Ora: 7/1812016