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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami_fl.us
File Number: 04-01385 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING IN PART 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
NIGHTCLUB IN THE "C-1" ZONING DISTRICT, FOR THE PROPERTY LOCATED
AT APPROXIMATELY 697 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE
AND SUBJECT FURTHER TO A TIME LIMITATION OF EIGHTEEN (18) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE
FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1)
PAINT COLOR SAMPLES AND SIGN SPECIFICATIONS SHALL BE SUBMITTED
FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO
THE ISSUANCE OF ANY BUILDING PERMIT, AND 2) APPROVAL OF THIS
SPECIAL EXCEPTION SHALL RUN W ITH THIS OPERATOR ONLY; ANY
CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE
SPECIAL EXCEPTION.
WHEREAS, the Miami Zoning Board at its meeting on November 8, 2004, Item No. 7, adopted
Resolution No. ZB 2004-0954 by a vote of four to one (4-1), GRANTING a special exception as
hereinafter set forth; and
WHEREAS, on October 7, 2004, Tony Recio, Esquire, on behalf of NMA Investments, Inc., the
applicant, has appealed the decision of the Miami Zoning Board; 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 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 grant the appeal,
reversing the recommendation of the Zoning Board, to the extent that it required the applicant to return
to the Zoning Board for a status report within eighteen (18) months of the issuance of the Special
Exception, and granting 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
City of Miami Page 1 of 2 Printed On: 1/11/2005
File Number: 04-01385
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission grants the appeal, reversing in part the decision of the Miami
Zoning Board, to the extent that it required the applicant to return to the Zoning Board for a status
report within eighteen (18) months of the issuance of the Special Exception, 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 nightclub, for the property located at approximately 697 North
Miami Avenue, Miami, Florida, more particularly described in Exhibit A, pursuant to plans on file and
subject further to a time limitation of eighteen (18) months in which a building permit must be obtained,
subject to the following conditions by the Planning and Zoning Department: 1) paint color samples and
sign specifications shall be submitted for review and approval by the Planning Department prior to the
issuance of any building permit, and 2) approval of this special exception shall run with this operator
only; any changes to a different operator shall require a separate special exception.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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: 1/7/2005