PZ.3 - A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY BEATRIZ NAJERA AND REVERSING/AFFIRMING/MODIFYING 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 TO PERMIT THE INSTALLATION OF AN ASPHALT SHINGLE ROOF TO A CONTRIBUTING STRUCTURE WITHIN THE PALM GROVE HISTORIC DISTRICT LOCATED APPROXIMATELY AT 536 NORTHEAST 65 STREET, MIAMI, FLORIDA, 33138, WITH FOLIO NUMBER 01-3218-025-0040.

WHEREAS, on May 5, 2026, the City’s Historic and Environmental Preservation Board(the “HEPB”), at a duly noticed hearing, considered HEPB Item No. 3, pursuant to Section 23- 6.2(b)(4) of the Code of the City of Miami, Florida, as amended, (“City Code”); and

WHEREAS, at the May 5, 2026 HEPB meeting, Beatriz Najera (the “Appellant”) requested a Special Certificate of Appropriateness (“SCOA”) under Section 23-6.2(b)(4) of the City Code to permit the installation of an asphalt shingle roof to a contributing structure of the Palm Grove Historic District, located approximately at 536 Northeast 65 Street, Miami, Florida, 33138, with the folio number 01-3218-025-0040 (“Property”); and

WHEREAS, the Historic Preservation Officer found that the request for the asphalt shingle roof did not comply with the applicable criteria to grant the SCOA sought by the Appellant; and

WHEREAS, the Appellant sought to assert economic hardship pursuant to Section 23-6.1(h)(5) for relief, however, the HEPB based on the immediate facts before them did not find that there was an economic hardship; and

WHEREAS, the HEPB and the Appellant agreed to an indefinite deferral of the item, to allow for the Appellant to explore potential grants and funding opportunities, submission of an economic hardship application pursuant to the requirements of Section 23-6.1(h)(5)(b), and further engineer reports regarding the condition of the roof; and

WHEREAS, at the conclusion of the May 5, 2026 HEPB meeting, a motion was made to indefinitely defer the Application, resulting in a unanimous vote of eight (8) of the HEPB members, constituting a deferral of the Application; and

WHEREAS, on July 7, 2026, the Appellant returned, and the HEPB considered HEPB Item No. 1, pursuant to Section 23- 6.2(b)(4) of the City Code, for the application for a SCOA to permit the installation of an asphalt shingle roof to the Property; and

WHEREAS, the Appellant had not submitted an economic hardship application; and

WHEREAS, the HEPB held a hearing on the merits of the application based on the Chapter 23 requirements; and

WHEREAS, at the conclusion of the hearing, a motion to deny the Application resulted in a vote of four (4) to two (2) of the HEPB members, constituting a denial of the Application and resulting in Resolution No. HEPB-R-26-037; and

WHEREAS, the Appellant timely filed an appeal to the City Commission pursuant to Section 23-6.2(e) of the City Code; and

WHEREAS, for the reasons stated on the record during the public hearing, the City Commission grants/denies the appeal and reverses/affirms/modifies Resolution No. HEPB-R- 26-037 as it pertains to the SCOA for the 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/denies the appeal and reverses/affirms/modifies the decision of the HEPB as set forth in Resolution No. HEPB-R-26-037 and denies/grants the Application.

Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.