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HomeMy WebLinkAboutCC Legislation (Version 4)File Number: 09-00019za Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY AMANDA L. QUIRKE, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBERS, 2008, REGARDING A PROVISION CONTAINED IN SECTION 10.4.5, OF ZONING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ENTITLED "OUTDOOR ADVERTISING SIGNS; NEW SIGNS OF OUTDOOR ADVERTISING PROHIBITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1700 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on February 9, 2009, following an advertised public hearing, adopted Resolution No. ZB 09-0006 by a vote of six to zero (6-0), item No. Z.3, to grant the Zoning Administrator Interpretation appeal; and WHEREAS, an appeal of the Zoning Board decision was filed by Amanda L. Quirke ("Appellant"); and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the Zoning Administrator Interpretation 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 grant the appeal, reverse the decision of the Zoning Board and reverse the Zoning Administrator Interpretation 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 uphold the appeal by Appellant, of the Zoning Administrator Interpretation on December 8, 2008, regarding a provision contained in Section 10.4.5, of Zoning Ordinance No.: 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, entitled "Outdoor Advertising Signs; New Signs of Outdoor Advertising Prohibited", for the property located at approximately 1700 Southwest 3rd Avenue, Miami, Florida, as legally described in attached "Exhibit A," is denied and the Zoning Administrator Interpretation is reversed. The appeal is granted. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page I of 2 Printed On: 3/9/2009 City of Miami City Hall d�3500 Pan American Drive .«r 46F ��glS�a$1®� Miami, FL 33133 w�AV.miamigov.com Resolution File Number: 09-00019za Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY AMANDA L. QUIRKE, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBERS, 2008, REGARDING A PROVISION CONTAINED IN SECTION 10.4.5, OF ZONING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ENTITLED "OUTDOOR ADVERTISING SIGNS; NEW SIGNS OF OUTDOOR ADVERTISING PROHIBITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1700 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on February 9, 2009, following an advertised public hearing, adopted Resolution No. ZB 09-0006 by a vote of six to zero (6-0), item No. Z.3, to grant the Zoning Administrator Interpretation appeal; and WHEREAS, an appeal of the Zoning Board decision was filed by Amanda L. Quirke ("Appellant"); and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the Zoning Administrator Interpretation 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 grant the appeal, reverse the decision of the Zoning Board and reverse the Zoning Administrator Interpretation 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 uphold the appeal by Appellant, of the Zoning Administrator Interpretation on December 8, 2008, regarding a provision contained in Section 10.4.5, of Zoning Ordinance No.: 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, entitled "Outdoor Advertising Signs; New Signs of Outdoor Advertising Prohibited", for the property located at approximately 1700 Southwest 3rd Avenue, Miami, Florida, as legally described in attached "Exhibit A," is denied and the Zoning Administrator Interpretation is reversed. The appeal is granted. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page I of 2 Printed On: 3/9/2009 File Number: 09-00099za APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNEY 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