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HomeMy WebLinkAboutLegislation aCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.rniami.fi.us File Number: 05-00136 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY DENYING 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 PUBLIC UTILITIES SUBSTATION IN THE "R-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1025 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting on January 24, 2005, Item No. 8, as a result of a tie vote of four to four (4-4), adopted Resolution No. ZB 2005-0980. to DENY a special exception as hereinafter set forth; and WHEREAS, On February 3, 2005, Pamela M. Rauch, on behalf of Florida Power and Light, appealed the decision of the Miami Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for the Special Exception 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 affirm the decision of the Miami Zoning Board and deny 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 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 Miami Zoning Board, Resolution No. ZB 2005-0980, adopted January 24, 2005, thereby denying the Special Exception, to allow a public utilities substation in the "R-4" multifamily high -density residential zoning district, for the property located at approximately 1025 Southwest 2nd Avenue, 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: 2/28/2005 File Number. 05-00136 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: 2/28/2005