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HomeMy WebLinkAboutLegislation AJ-03-875(a) 10/01/03 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, REVERSING THE RECOMMENDATION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4.1.1(5), TO ALLOW A SUPPER CLUB AS DEFINED IN CHAPTER FOUR OF THE CITY CODE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2801 FLORIDA AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of September 08, 2003, Item No. 3, adopted Resolution ' No. ZB 2003-0743 by a vote of five to three (5-3), to RECOMMEND DENIAL of a Special Exception as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds the application for the Special Exception 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 reverse the recommendation of the Zoning Board and grant the Special Exception 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 recommendation of the Zoning Board to deny the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 602.4.1.1(5), to allow a supper club as defined in Chapter Four of the City Code, for the property located at approximately 2801 Florida Avenue, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve (12) months in which a building permit must be obtained, is reversed, and the Special Exception granted. Page 2 of 3 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.l" PASSED AND ADOPTED this day of , 2003. ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVE AND CORRECTNESS: DRO VI ATTORNEY 575:YMT:smg F/ MANUEL A. DIAZ, MAYOR 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. Page 3 of 3