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Resolution
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3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00953 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AFFIRMING THE DECISION 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, FLORIDA,
ARTICLE 4, SECTION 401, TO ALLOW A BAR, WITH A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED,
SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING
DEPARTMENT: 1) THE APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN
WITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR
SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION, AND 2) THIS
APPROVAL IS SUBJECT TO THE APPLICANT GETTING THE APPROVAL OF
THE VARIANCE AS A COMPANION ITEM IN THIS AGENDA, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting of July 26, 2004, Item No, 13, adopted
Resolution No. ZB 2004-0912 by a vote of five to four (5-4), GRANTING a special exception as
hereinafter set forth; and
WHEREAS, the applicant has appealed the decision of the Zoning Board; and
WHEREAS, the City Commission after careful consideration of this matter, finds that the stated
grounds for the appeal and the facts presented in support thereof do not justify reversing the decision
of the Zoning Board;
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 Zoning Board,
Resolution No. ZB 2004-0912, adopted July 26, 2004, thereby granting the Special Exception from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4,
Section 401, to allow a bar, with a time limitation of twelve (12) months in which a building permit must
be obtained, subject to the following conditions by the Planning and Zoning Department: 1) the
approval of this special exception shall run with this operator only; 2) this approval is subject to the
applicant getting the approval of the variance as a companion item in this agenda, for the property
located at approximately 1252 Southwest 22nd Street, Miami, Florida, more particularly described in "
Exhibit A."
City of Miami Page 1 of 2 Printed On: 8/17/2004
File Number.- 04-00953
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:Vj
MARIA J. CHIARO
INTERIM 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: 8/16/2004