PZ.4 - A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL, FILED BY 3736 IRVINGTON, LLC, OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD RESOLUTION HEPB-R-26-045 ADOPTED ON JULY 21, 2026, REGARDING THE INTENDED DECISION ISSUED FOR BD25-018999-001 FOR THE PROPERTY LOCATED AT 3736 IRVINGTON AVENUE, MIAMI, FLORIDA.
September 10, 2026
Department: Department of Building
Category: Planning and Zoning
WHEREAS, on April 14, 2026, the City of Miami (“City”) issued an Intended Decision for BD25-018999-001, allowing for the removal of one (1) live oak at the property located at 3736 Irvington Avenue, Miami, Florida (the “Property”) and replacement with three (3) native hardwood trees within the Property and one (1) hardwood tree within the right-of-way in addition to a contribution into the Tree Trust Fund in the amount of $2,000.00; and
WHEREAS, on April 22, 2026, Genevieve Block Apaza, an abutting property owner, filed an appeal of the Intended Decision for BD25-018999-001 to the Miami Historic and Environmental Preservation Board ("HEPB") pursuant to Section 17-8(a) of the Code of the City of Miami, Florida, as amended (“City Code”); and
WHEREAS, on July 21, 2026, following an advertised public hearing, HEPB adopted Resolution No. HEPB-R-26-045 by a vote of five to zero (5-0), recommending approval of the appeal by an abutting property owner of the Intended Decision for BD25-018999-001; and
WHEREAS, on July 30, 2026, as amended on August 3, 2026, 3736 Irvington, LLC (now considered the “Appellant”) filed an appeal of Resolution No. HEPB-R-26-045 to the City Commission pursuant to Section 17-8(b) of the City Code alleging that the applicable criteria/conditions for tree removal were met, that HEPB did not base its decision on competent substantial evidence, and that HEPB did not properly apply the criteria/conditions of Chapter 17 of the City Code in its determination; and
WHEREAS, based on the testimony and evidence presented in the record, and after due notice and an opportunity to be heard was afforded to all parties and members of the public, the City Commission hereby grants/denies the appeal based on competent substantial evidence, thereby upholding/reversing/modifying Resolution No. HEPB-R-26-045 and upholding/reversing/modifying the Intended Decision for BD25-018999-001;
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 hereby grants/denies the appeal, thereby upholding/reversing/modifying the decision of the HEPB as set forth in Resolution No. HEPB-R-26-045 and upholding/reversing/modifying the Intended Decision issued for BD25-018999-001.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.
WHEREAS, on April 22, 2026, Genevieve Block Apaza, an abutting property owner, filed an appeal of the Intended Decision for BD25-018999-001 to the Miami Historic and Environmental Preservation Board ("HEPB") pursuant to Section 17-8(a) of the Code of the City of Miami, Florida, as amended (“City Code”); and
WHEREAS, on July 21, 2026, following an advertised public hearing, HEPB adopted Resolution No. HEPB-R-26-045 by a vote of five to zero (5-0), recommending approval of the appeal by an abutting property owner of the Intended Decision for BD25-018999-001; and
WHEREAS, on July 30, 2026, as amended on August 3, 2026, 3736 Irvington, LLC (now considered the “Appellant”) filed an appeal of Resolution No. HEPB-R-26-045 to the City Commission pursuant to Section 17-8(b) of the City Code alleging that the applicable criteria/conditions for tree removal were met, that HEPB did not base its decision on competent substantial evidence, and that HEPB did not properly apply the criteria/conditions of Chapter 17 of the City Code in its determination; and
WHEREAS, based on the testimony and evidence presented in the record, and after due notice and an opportunity to be heard was afforded to all parties and members of the public, the City Commission hereby grants/denies the appeal based on competent substantial evidence, thereby upholding/reversing/modifying Resolution No. HEPB-R-26-045 and upholding/reversing/modifying the Intended Decision for BD25-018999-001;
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 hereby grants/denies the appeal, thereby upholding/reversing/modifying the decision of the HEPB as set forth in Resolution No. HEPB-R-26-045 and upholding/reversing/modifying the Intended Decision issued for BD25-018999-001.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.