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HomeMy WebLinkAboutCC Legislation (Version 4)File Number: 09-00616za City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 MAY 20, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR AN OUTDOOR ADVERTISING SIGN IN LUMMUS PARK, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on September 14, 2009, following an advertised public hearing, adopted Resolution No. ZB-R-09-0048 by a vote of four to two (4-2), item No. Z.2, to deny the appeal affirming the interpretation of the Zoning Administrator that denied a permit for an outdoor advertising sign in Lummus Park, regarding a provision contained in Article 10 of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance; 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, reversing the decision of the Zoning Board and reversing 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 May 20, 2009, regarding a provision contained in Article 10 of Zoning ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is reversed and the Zoning Administrator Interpretation is reversed, the appeal is granted and a permit for an outdoor advertising sign in Lummus Park may be issued. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 1 of 2 Printed On: 10/30/2009 City of Miami i F-rF y} t Legislation Resolution File Number: 09-00616za City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 MAY 20, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR AN OUTDOOR ADVERTISING SIGN IN LUMMUS PARK, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on September 14, 2009, following an advertised public hearing, adopted Resolution No. ZB-R-09-0048 by a vote of four to two (4-2), item No. Z.2, to deny the appeal affirming the interpretation of the Zoning Administrator that denied a permit for an outdoor advertising sign in Lummus Park, regarding a provision contained in Article 10 of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance; 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, reversing the decision of the Zoning Board and reversing 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 May 20, 2009, regarding a provision contained in Article 10 of Zoning ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is reversed and the Zoning Administrator Interpretation is reversed, the appeal is granted and a permit for an outdoor advertising sign in Lummus Park may be issued. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 1 of 2 Printed On: 10/30/2009 File Number: 09-00616za 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: 10/30/2009