HomeMy WebLinkAboutLegislation APPROVING the AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
ELVIS CRUZ AND THE MORNINGSIDE CIVIC ASSOCIATION AND REVERSING 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
OS 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,
demolition of a non-contributing structure, and the new construction of a three-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 reverse 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
WHEREAS, for the reasons stated on the record, at the public hearing on April 27, 2017,
the City Commission grants the appeal and reverses the adoption of Resolution No. HEPB-R-17-
016;
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 grants the appeal and reverses the decision of the HEPB
as set forth in Resolution No. HEPB-R-17-016 and denies 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.'
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.