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HomeMy WebLinkAboutR-04-0762City of Miami Legislation Resolution: R-04-0762 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00953 Final Action Date: 11/18/2004 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 File Id: 04-00953 (Version: 3) Printed On: 10/17/2016 File Number: 04-00953 Enactment Number: R-04-0762 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} 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 File Id: 04-00953 (Version: 3) Printed On: 10/17/2016