HomeMy WebLinkAboutLegislation b (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.#l.us
File Number: 05-00014
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY ANDREW W.J. DICKMAN, ESQ., ON BEHALF OF
THE MORNINGSIDE CIVIC ASSOCIATION, ROD ALONSO, RON STEBBINS,
SCOTT CRAWFORD AND ELVIS CRUZ, REVERSING THE DECISION OF THE
MIAMI ZONING BOARD, THEREBY DENYING THE CLASS 11 SPECIAL PERMIT
APPLICATION NO. 04-0198, TO ALLOW FOR NEW CONSTRUCTION FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 5301-5501 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "
EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on December 13, 2004, Item No. 2, adopted
Resolution No. ZB 2004-0960 by a vote of seven to one (7-1), to DENY the appeal filed by Andrew
W.J. Dickman, Esquire, on behalf of the Morningside Civic Association, Rod Alonso, Ron Stebbins,
Scott Crawford and Elvis Cruz of a Class 11 Special Permit Application No. 04-0198 issued by the
Planning Director on October 27, 2004, and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the recommendation of the Miami Zoning Board, finds the Class 11 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 Director and deny the Class II 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 2005-0960, adopted December 13, 2004, thereby denying the Class II
Special Permit Application No. 04-0198 issued by the Planning Director on October 27, 2004, to allow
for new construction for the properties located at approximately 5301-5501 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: 2/24/2005
File Number: 05-00014
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: 2/22/2005