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HomeMy WebLinkAboutR-05-0155City of Miami Legislation Resolution: R-05-0155 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 05-00014 Final Action Date:3/10/2005 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 II 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 II 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 II 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: 3/18/2005 File Number: 05-00014 Enactment Number: R-05-0155 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: 3/18/2005