HomeMy WebLinkAboutR-17-0262opCity of Miami
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Legislation
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Resolution R-17-0262
File Number: 2043
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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.
City of Miami Page 1 of 2 File ID: 2043 (Revision: A) Printed On: 9/25/2017
File ID: 2043
Enactment Number: R-17-0262
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, Cify Attor ey4118/2017 ria ndez, ity ttor ey 9122/2017
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.
City of Miami Page 2 of 2 File ID: 2043 (Revision: A) Printed on: 912512017