HomeMy WebLinkAboutR-89-02763/23/89
89--27f;
RESOLUTION NO.
A RESOLUTION GRAFTING A WAIVER OF THE TIME
LIMITATION ON FURTHER CONSIDERATION AFTER
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DENIAL OF AN APPLICATION FOR THE REZONING OF
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PROPERTY WHICH IS CONTAINED IN
SECTION 3514.2(b) OF ORDINANCE 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, PURSUANT TO THE
PROVISION FOR WAIVER OF TIME LIMITS CONTAINED
IN SECTION 3514.5 OF ORDINANCE NO. 9500, FOR
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THE PROPERTY OWNED BY DAVID AND CHRISTINE C.
HILL, LOCATED AT 3560 MAIN HIGHWAY, MIAMI,
FLORIDA.
E
WHEREAS, Ordinance No. 9500, the Zoning Ordinance of the
City of Miami, Florida, as amended, contains Section 3514.2y
entitled: "Limitation on further consideration after denial",
which reads as follows:
"Whenever the city commission has denied an
application for the rezoning of property, the
-
zoning board .shall not thereafter: -
(a) consider any further application for the
_
same rezoning of any part or all of the
same property for a period of eighteen
(18) months from the date of such
action; -
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(b) consider an application for any other
"-
kind rezoning on any part or all of
-
,of
the same property for a period of twelve
—
(12) months from the date of such
;
action";
and
v
WHEREAS, said Zoning Ordinance also contains Section.3514.5;
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entitled: "Waiver of time limits",.which reads as follows:
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"The time limits set by sections 3514.2`,
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3514.3 and 3514.4 may be waived by a vote of
not less than three (3) members of the city
commission when such action is deemed
necessary to prevent injustice or :to--
facilitate development of the City in the
context of the .adopted comprehensive plan°or =
—
portion or portions thereof";
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and
WHEREAS, the applicants/property owners applied on
T.-
January 26, 1989 to the City Commission for the rezoning iofr
,41
property from RS-2/2 One Family Detached Residential to $P•-
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Coteimerdial District t said property being owned by David And
Christine P., Hill and located at 3560 Main Highway, Miafn.
Florida; and —
WHEREAS, the City Commission, at its meeting bf _
February 23, 1989, denied the application of the rezoning of the
rt-
herein property; and
WHEREAS, the applicants are desirous of fashioning an —
Yr application different in kind from the one previously submitted
which will accomplish the applicants' objectives and will not have —
a detrimental effect to surrounding properties; and
WHEREAS, Section 3514.2 of Ordinance No. 9500, the Zoning
Ordinance of the City of Miami, Florida, as amended, prohibits the
Zoning Board from considering a new application for rezoning of
the property for a period of twelve months from February 23, 1989; and
WHEREAS, Section 3514.5 of Ordinance No. 9500, the Zoning
Ordinance of the City of Miami, Florida, as amended, allows a
waiver by, a vote of not less than three members of the City
Commission of the time limit set by Section 3514.2 of Ordinance
- No. 9500; and
WHEREAS,the applicants request that the City Commission
grant.such waiver; 'and
WHEREAS, the City Commission has determined that it is in
s the best interests and general welfare of the City of Miami and —
its inhabitants to allow the above -described waiver; ,
WTHEREFORE,.I H NO , BE.IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA: r
Section 1. The findings and recitals set forth in the -'
Preamble of this Resolution are hereby adopted by reference'
thereto and incorporated herein as if fully. set forth .in this
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t
iu
section.
The time limitation get by Section 3514.2(b) z` Section 2 . }
of Ordinance .No. 9500, the Zoning Ordinance of the City. of . Min;n3,
Florida, as amended, is hereby waived for the hereka a413 $ ,
property, subject to the conditions and reservations conta.h�►d,y$
this Resolution.
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Section 3. This Waiver is
study by the Planning Department of
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conditioned upon an immediate
the City of Miami of the area
in the immediate vicinity of the herein subject property which
reflects that such waiver is necessary to prevent injustice or to
facilitate development of the City in the context of the adopted
land use plan adopted pursuant
to the Local
comprehensive
a
Comprehensive and Land Development Regulation Act,'
said study to
be concluded prior to the applicants petitioning
the City for a
zoning action relative to this property.
Section 4. This Resolution shall become effective
immediately upon its adoption pursuant to law.
r,
PASSED AND ADOPTED this 23rd day of March
, 1989.
;y
s
XAVIER L. S
AREZ, ayor
ATTEST:
l
MATT RAI
City Clerk
PREPARED AND APPROVED BY:
RAF E. SUAREZ-RIV
Assi tant City Attorney
;
APPROVED AS TO FORM AND CORRECTNESS:
4`
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L. FE DEZ
City Atto
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LEGAL DBSCRIPT1014
3560 Main Highway
Miami, Plotida
Beginning at a pipe set in the Northvesterly line of Main
Highvay, formerly known as County Road, vhich pipe is North 45.
,
degrees West a distance of 186.5 feet from a pipe in concrete in
a rock vali marking the Southeast corner of the Northeast 1/4 of
the Southvest 1/4 of Section 21, Tornship 54 South, Range 41
East., Dade County, Florida, said Southeast corner being the
so-called agreed corner referred to in an instrument and masked
on a Plat recorded in Deed Book "D", page 251 to 253 of Dade;
County Public Records; thence proceed North 45 degrees 31 minutes
45 seconds West 108.20 feet to a point on the South line of
Franklin Avenue;'thence proceed North 89 degrees 39 minutes 00
seconds East along the said South line of Franklin-Avenue-145,15
feet to its intersection vith the Northveaterly line :of Main
Highvay, aef it nov exists, thence proceed South 41 degrees 32
minutes 15 seconds West along said Northresterly lthe enclone of sed
Highvay 102.45 feet to the Point of Beginning; the
an un-named
triangle containing portions of Lots 2, 3,
street as shovn in ROBERTS SUBDIVISION of the FQON HOMESTEAD and t_
recorded in plat Book A, Page 21, of the public Records of Dade
County, Florida. ..
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