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HomeMy WebLinkAboutLegislation (Version 2)13t City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami,fl, us File Number: 05-00352 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND 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, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A CHILD DAYCARE FOR 85 CHILDREN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2280 SOUTHWEST 17th AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting on March 28, 2005, Item No. 7, adopted Resolution No. ZB 2005-1014, by a vote of six to two (6-2), GRANTING a special exception as hereinafter set forth; and WHEREAS, on April 12, 2005, Maria Belkis de Cardenas and Harry F. Robinson appealed the decision of the Miami Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, 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 reverse the decision of the 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 grants the appeal and reverses the decision of the Zoning Board, Resolution No. ZB 2005-1014, adopted March 28, 2005, thereby denying 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 child daycare for 85 children, for the property located at approximately 2280 Southwest 17th 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: 4/29/2005 File Number. 05-00352 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: 4/29/2005