HomeMy WebLinkAboutCC 10-25-07 Fact SheetZONING FACT SHEET
Legistar File ID: 04-01208 (Previously 2004-0872)
Location:
Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2]
Legal:
(Complete legal description on file with the Department of Hearing Boards)
Appellant(s):
Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association,
Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners
100 SE 2 Street, #3800
Miami, FL 33131
(305) 374-4400
Applicant(s):
Susan E. Trench, Esquire, on behalf of Chetbro, Inc.
One Biscayne Tower #3700
Two South Biscayne Boulevard
Miami, FL 33131
(305) 374-3250
Zoning:
O Office
SD -9 Biscayne Boulevard North Overlay District
Request: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING
OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND
ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING
OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY
APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT
APPLICATION NO. 03-0309 ISSUED BY THE PLANNING DIRECTOR ON JULY 21, 2004,
TO ALLOW NEW CONSTRUCTION.
Purpose: The approval of this appeal will not allow the new construction of a mixed-use structure.
Findings:
Planning Department: Denial of the appeal and uphold the Zoning Board's decision of the director's decision.
Analysis: See supporting documentation.
Zoning Board: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0.
Zoning Board Resolution: ZB 2004-0928
City Commission: Granted the appeal by the neighbors on November 18, 2004. Reconsidered on December
9, 2004. Continued on May 26, 2005 and July 28, 2005. Granted the appeal by the
neighbors on September 22, 2005.
Notes: On July 14, 2006, the Circuit Court ruled to quash the City Commission's decision and remanded this
case for proceedings.
Zoning Board: Continued on February 26, 2007, April 9, 2007 and May 21, 2007. In accordance with the
amended opinion of the Circuit Court Appellate Division in Dougherty, et. al. v. City of Miami,
et. al. (11th Circuit Court Appellate Division Case No. 05-409AP), amended opinion dated
July 14, 2006, the Zoning Board adopted the stipulation on July 9, 2007 by a vote of 5-0 on
the record of the appellant and appellee agree that the decision of the Miami Zoning Board is
waived and that the Class II Special Permit be heard by the City Commission.
Zoning Board Resolution: ZB-07-0069
City Commission: October 25, 2007