HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: R-19-0052
Title: 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.
LOCATION: 5605 N. Bayshore Dr. [Commissioner Ken Russell — District 2]
APPELLANT(S): Ben Fernandez, Esq., on behalf of Supernova Bayshore Investments,
LLC
APPLICANT(S): Ben Fernandez, Esq., on behalf of Supernova Bayshore Investments,
LLC
FINDING(S):
HISTORIC PRESERVATION OFFICE: Recommended denial
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: On November 6, 2018,
denied the application for a Special Certificate of Appropriateness, by a vote of 8-0.
,. City of Miami City Hall
_ 3500 Pan American Drive
Legislation Miami, FL 33133
www.miamigov.com
Resolution
Enactment Number: R-19-0052
File Number: 5227 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
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-18-063 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 iey 1/8/2019
' 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.