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File ID: R-17-0262
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE
APPEAL FILED BY ELVIS CRUZ AND THE MORNINGSIDE CIVIC
ASSOCIATION AND AFFIRMING THE DECISION OF THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S
APPROVAL OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS THAT WAS SOUGHT FOR THE RENOVATION
OF THE CONTRIBUTING STRUCTURE, DEMOLITION OF THE NON-
CONTRIBUTING STRUCTURE, AND THE NEW CONSTRUCTION OF A
THREE-STORY COMMERCIAL BUILDING LOCATED AT
APPROXIMATELY 5101 - 5125 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE BOULEVARD
HISTORIC DISTRICT.
LOCATION: Approximately 5101-5125 Biscayne Boulevard [Commissioner Ken Russell -
District 2]
APPLICANT(S): Iris Escarra, Esq., representing owner, 5101 RE CO, LLC
APPELLANT(S): Elvis Cruz and the Morningside Civic Association
PURPOSE: This appeal seeks to a decision reversing the HEPB decision approving the
Certificate of Appropriateness to allow for the renovation of a contributing structure, demolition
of a non-contributing structure, and the new construction of a three-story commercial building.
FINDING(S):
PRESERVATION OFFICE: Recommended approval, with conditions, of the COA.
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved the COA, with
conditions, on February 7, 2017, by a vote of 4-1.
,. City of Miami City Hall
3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-17-0262
File Number: 2043 Final Action Date:5/25/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED
BY ELVIS CRUZ AND THE MORNINGSIDE CIVIC ASSOCIATION AND AFFIRMING
THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD'S APPROVAL OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF
APPROPRIATENESS THAT WAS SOUGHT FOR THE RENOVATION OF THE
CONTRIBUTING STRUCTURE, DEMOLITION OF THE NON-CONTRIBUTING
STRUCTURE, AND THE NEW CONSTRUCTION OF A THREE-STORY
COMMERCIAL BUILDING LOCATED AT APPROXIMATELY 5101 - 5125 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, WITHIN THE MIAMI MODERN/BISCAYNE
BOULEVARD HISTORIC DISTRICT.
WHEREAS, on February 7, 2017, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB. 10, an application for a
Special Certificate of Appropriateness to allow for the renovation of a contributing structure
(5105 Biscayne Boulevard), demolition of what was considered a non-contributing structure
(5125 Biscayne Boulevard), and the new construction of a three (3) story commercial building at
approximately 5101-5125 Biscayne Boulevard, Miami, Florida ("Property"), and adopted
Resolution No. HEPB-R-17-016 by a vote of four to one (4-1) approving the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2 of the Code of the
City of Miami, Florida, as amended ("City Code"), applications for demolitions or new
construction in a historic district are processed in accordance with the procedures set forth for a
Special Certificate of Appropriateness; and
WHEREAS, on February 17, 2017, Elvis Cruz and the Morningside Civic Association
("Appellants") filed an appeal to the City Commission pursuant to Section 23-6.2(e) of the 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
substantial evidence in the record to affirm the decision of the HEPB approving the application
for a Specific Certificate of Appropriateness for the renovation, demolition, and construction of a
new structure on the Property and deny the appeal by the Appellants;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI 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 denies the appeal and affirms the decision of the
HEPB as set forth in Resolution No. HEPB-R-17-016 and grants the issuance of a Special
Certificate of Appropriateness for the Property.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1 1
Un ndez, City Attor ey 4/18/2017 i ria i ,ndez, City Attor ey 9/22/2017
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.