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City of Miami
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Legislation
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Resolution
File Number: 08-014631i
City Hall
3500 Pan American
Drive
Miami, FL 33133
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Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
DENYING THE APPEAL BY OSCAR FAMILIA, AFFIRMING THE DECISION OF
THE ZONING BOARD, THEREBY DENYING THE CLASS II SPECIAL PERMIT
APPLICATION NO. 08-0138, ISSUED BY THE PLANNING DIRECTOR ON
NOVEMBER 7, 2008, TO ALLOW A RESTAURANT, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3484 MAIN HIGHWAY, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on February 9, 2009, following an advertised
public hearing, adopted Resolution No. ZB 09-0004 by a vote of five to one (5-1), item No. Z.1, to deny
the issuance of Class II Special Permit Application No. 08-0138 by the Planning Director on November
7, 2008, and
WHEREAS, an appeal of the Zoning Board decision was filed by the Oscar Familia; and
WHEREAS, the City Commission after careful consideration of this matter, finds the application for
Class II Special Permit does not meet the applicable requirements of Zoning Ordinance No. 11000, as
amended, and deems it advisable and in the best interest of the general welfare of the City of Miami
and its inhabitants to affirm the decision of the Zoning Board and deny the appeal of Class II Special
Permit as hereinafter set forth;
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 decision of the Zoning Board to deny Class II Special Permit application No. 08-
0138 issued by the Planning Director on November 7, 2008, to allow a restaurant for the property
located at approximately 3484 Main Highway, Miami, Florida, as legally described in attached "Exhibit
A," is affirmed, and the Class II Special Permit is denied.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
City of Miami Page 1 of 2 Printed On: 3/9/2009
File Number: 08-014631i
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
City of Miami Page 2 of 2 Printed On: 3/9/2009