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Commission upholds HEP approval, denies appeal over Bayside Motor Inn redevelopment
Summary
The commission denied an appeal from a neighborhood resident who argued a settlement agreement and restrictive covenant required preservation of the Bayside Motor Inn. The commission found substantial competent evidence supported the HEP board’s approval of the revised design.
The Miami City Commission on Jan. 22 denied an appeal challenging a Historic and Environmental Preservation Board approval for redevelopment at the Bayside Motor Inn site.
Elvis Cruz, a neighborhood resident and appellant, urged the commission to uphold a 2014 settlement agreement and restrictive covenant that he said required preservation of the contributing historic structure. "The city agreed to preserve the historic property and the owners expressly agreed to file a restrictive covenant," Cruz said in his presentation, urging the commission not to allow demolition or design changes that he said violated the agreement.
Attorneys for the applicant told the commission the settlement agreement and related claims are the subject of pending court proceedings and that HEP’s decision, supported by staff reports and expert testimony, met the applicable historic preservation standards. The applicant’s counsel also submitted records showing the restrictive covenant had been amended and restated in 2025.
After hearing presentations and rebuttals, commissioners voted to deny the appeal, concluding that the record before the commission contained substantial competent evidence supporting the HEP board’s action. The vote to deny the appeal was taken following the presentations and a brief discussion.
Cruz said he would pursue court remedies. The commission also moved related scheduling items and deferred a separate PZ6 matter because it must be heard after 5 p.m.
