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HomeMy WebLinkAboutLegislation GRANTING AppealA RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY BARBARA LANGE AND KATRINA MORRIS, REVERSING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS OF THE SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION OF AN EXISTING STRUCTURE, THE RECONSTRUCTION OF A THEATRE, AND THE NEW CONSTRUCTION OF A PARKING GARAGE WITH RESIDENTIAL UNITS AT THE INDIVIDUALLY DESIGNATED HISTORIC SITE KNOWN AS THE COCONUT GROVE PLAYHOUSE, LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA. WHEREAS, on April 4, 2017, the Historic and Environmental Preservation Board ("HEPB") at a duly noticed public hearing considered Item No. HEPB.3, an application for a Special Certificate of Appropriateness, to allow for the partial demolition of an existing structure, the reconstruction of a theatre, and the new construction of a parking garage with residential units at the property located at 3500 Main Highway, Miami, Florida ("Property") and adopted Resolution No. HEPB-R-17-023 by a vote of four to one (4-1) approving the same with conditions; 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 a major addition, alteration, relocation, demolition, or new construction of a historic site are processed in accordance with the procedures set forth for a Special Certificate of Appropriateness; and WHEREAS, on April 19, 2017, Barbara Lange and Katrina Morris ("Appellants") filed an appeal of Resolution No. HEPB-R-17-023 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 competent, substantial evidence in the record to reverse the decision of the HEPB approving the Specific Certificate of Appropriateness with conditions for the renovation, demolition and construction of a new structure on the Property; and WHEREAS, for the reasons stated or included in the record based upon the evidence and testimony presented and being otherwise fully advised in the matter at the public hearing, the City Commission grants the appeal and reverses the adoption of Resolution No. HEPB-R-17-023; 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-17-023 and denies the issuance of a Special Certificate of Appropriateness for the Property with conditions. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' 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.