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HomeMy WebLinkAboutR-19-0052City of Miami 1 i.RR cl Legislation alldl 1 l + Resolution: R-19-0052 File Number: 5227 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY SUPERNOVA BAYSHORE INVEST, LLC ("APPELLANT") AND REVERSING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF A CONTRIBUTING STRUCTURE AND THE NEW CONSTRUCTION OF A TWO-STORY SINGLE-FAMILY RESIDENCE WITH SITE IMPROVEMENTS,FOR A PROPERTY LOCATED AT APPROXIMATELY 5605 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA WITHIN THE MORNINGSIDE HISTORIC DISTRICT, WITH THE FOLIO NUMBER 0132180370020. WHEREAS, on November 6, 2018, the Historic and Environmental Preservation Board ("HEPB"), at a duly noticed public hearing, considered Item No. HEPB .2, pursuant to Section 23-6.2(b)(4) of the Code of the City of Miami, Florida, as amended ("City Code"), of the application for a Special Certificate of Appropriateness for the demolition of a contributing structure and the new construction of a two-story single-family residence with site improvements for a property located at approximately 5605 North Bayshore Drive, Miami, Florida within the Morningside Historic District with the Folio Number 0132180370020, and adopted Resolution No. HEPB-R-18-063 by a vote of eight to zero (8-0) denying the Special Certificate of Appropriateness; and WHEREAS, pursuant to the applicable provisions of Section 23-6.2(b)(4) of the City Code, applications for Special Certificates of Appropriateness are processed in accordance with the procedures set forth for Special Certificates of Appropriateness; and WHEREAS, on November 29, 2018, Supernova Bayshore Invest, LLC ("Appellant"), 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 competent substantial evidence in the record to reverse the decision of the HEPB denying the application for a Special Certificate of Appropriateness for the demolition of a contributing structure and the new construction of a two-story single-family residence with site improvements, per the plans on file with the City submitted on August 17, 2018, which are deemed as being incorporated by reference herein, for a property located at approximately 5605 North Bayshore Drive, Miami, Florida within the Morningside Historic District ,with the folio number 0132180370020, pursuant to Section 23-6.2(b)(4) of the City Code; and WHEREAS, for the reasons stated or otherwise included in the record at the public hearing on January 24, 2019, the City Commission grants the appeal and reverses Resolution No. HEPB-R-18-063 as it pertains to the appeal of this property; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF City of Miami Page 1 of 2 File ID: 5227 (Revision: A) Printed On: 2/19/2019 File ID: 5227 MIAMI, FLORIDA: Enactment Number: R-19-0052 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-18-063 and grants the application for a Special Certificate of Appropriateness for the demolition of a contributing structure and the new construction of a two-story single-family residence with site improvements, as it pertains to the appeal of this property, located at approximately 5605 North Bayshore Drive, Miami, Florida within the Morningside Historic District, with the folio number 0132180370020. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i ' ndez, City Attor ey 1/28/2019 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: 5227 (Revision: A) Printed on: 211912019