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Resolution
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC.
AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ,
REVERSING THE DECISION OF THE MIAMI ZONING BOARD, AND THEREBY
DENYING CLASS It 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 ll
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 fled 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, and notwithstanding the
recommendation of the Zoning Board, finds the 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 grant the appeal, reverse the
decision of the Zoning Board and Planning and Zoning Director and deny the Class 11 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 grants the appeal and reverses the decision of the Miami Zoning
Board, Resolution No. ZB 2004-0928, adopted October 4, 2004, thereby denying the Class 11 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 1 of 2 Printed On. 1012512004
Fite Number: 04-01208
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ C1101
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: 10/25/2004