HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY
ISAAC M. PERRY III AND REBECCA LONG AS LISTED ON THE APPEAL LETTER FOR
601 NW 7 STREET ROAD (THE "APPELLANTS") AND REVERSING THE DECISION OF
THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL
WITH CONDITIONS, PURSUANT TO SEC. 23-6.2 OF THE CITY CODE OF ORDINANCES,
FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR ALTERATIONS AND
REPAIRS TO THE EXISTING SEAWALL AND THE CONSTRUCTION OF A NEW KAYAK
LAUNCH RAMP FOR A NON-CONTRIBUTING PROPERTY LOCATED WITHIN THE SPRING
GARDEN HISTORIC DISTRICT AT APPROXIMATELY 601 NW 7 STREET ROAD, MIAMI,
FLORIDA, WITH THE FOLIO NUMBER 0131350271330 ALSO KNOWN AS "SPRING
GARDEN POINT PARK"
WHEREAS, on May 1, 2018, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.8, pursuant to Section
23-6.2 of the City Code, for a Special Certificate of Appropriateness for alterations and repairs
to the existing seawall and the construction of a new kayak launch ramp for a non-contributing
property located within the Spring Garden Historic District at approximately 601 NW 7 Street
Road, Miami, Florida, with the folio number 0131350271330 also known as "Spring Garden
Point Park", and adopted Resolution No. HEPB-R-18-034 by a vote of nine to zero (9-0)
approving with conditions the same; and
WHEREAS, pursuant to the applicable provisions of Section 23-6.2 of the City Code of
Miami, Florida, as amended ("City Code"), applications for Special Certificates of
Appropriateness are processed in accordance with the procedures set forth for Certificates of
Appropriateness; and
WHEREAS, on May 14, 2018, Isaac M. Perry III and Rebecca Long as listed on the
Appeal Letter for 601 NW 7 Street Road ("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 Special
Certificate of Appropriateness for alterations and repairs to the existing seawall and the
construction of a new kayak launch ramp for a non-contributing property located within the
Spring Garden Historic District at approximately 601 NW 7 Street Road, Miami, Florida, with the
folio number 0131350271330 also known as "Spring Garden Point Park", pursuant to Section
23-6.2 of the City Code; and
WHEREAS, for the reasons stated on the record, at the public hearing on June 28,
2018, the City Commission grants the appeal and reverses the adoption of Resolution No.
HEPB-R-18-034;
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 Resolution No. HEPB-R-18-034 and denies the approval of the Special
Certificate of Appropriateness for alterations and repairs to the existing seawall and the
construction of a new kayak launch ramp for a non-contributing property located within the
Spring Garden Historic District at approximately 601 NW 7 Street Road, Miami, Florida, with the
folio number 0131350271330 also known as "Spring Garden Point Park".
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO LEGAL FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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.