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HomeMy WebLinkAboutLegislation (Version 2)File ;umber: 04-01208 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting on October 4, 2004, Item No. 5, adopted Resolution No. ZB 2004-0928 by a vote of eight to zero (8-0), to DENY the decision issued on Class 11 Special Permit Application No. 2003-0309 by the Planning and Zoning Director on July 21, 2004, and WHEREAS, an appeal of the Zoning Board decision was filed by the Morningside Civic Association, Inc., and Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for Class II Special Permit does 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 the Planning and Zoning Director 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 City Commission denies the appeal and affirms the decision of the Miami Zoning Board, ZB 2004-0928, adopted October 4, 2004, thereby granting, with conditions, the Class II Special Permit Application No. 03-0309 issued by the Planning and Zoning Director on July 21, 2004, to allow new construction for the property located at approximately 5101 Biscayne Boulevard, Miami, Florida, more particularly described in "Exhibit A." 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: 10123/2004 Cit of Miami Y City Hal( 3500 Pan American Drive •-•• , Legislation Miami, FL. 33133 rfJ., 4,i1 www.ci.miami.fWS Resolution File ;umber: 04-01208 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting on October 4, 2004, Item No. 5, adopted Resolution No. ZB 2004-0928 by a vote of eight to zero (8-0), to DENY the decision issued on Class 11 Special Permit Application No. 2003-0309 by the Planning and Zoning Director on July 21, 2004, and WHEREAS, an appeal of the Zoning Board decision was filed by the Morningside Civic Association, Inc., and Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for Class II Special Permit does 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 the Planning and Zoning Director 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 City Commission denies the appeal and affirms the decision of the Miami Zoning Board, ZB 2004-0928, adopted October 4, 2004, thereby granting, with conditions, the Class II Special Permit Application No. 03-0309 issued by the Planning and Zoning Director on July 21, 2004, to allow new construction for the property located at approximately 5101 Biscayne Boulevard, Miami, Florida, more particularly described in "Exhibit A." 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: 10123/2004 File Number 04-01208 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ�y+1 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 Priv#ed On. 10/22/2004