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Resolution
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Fite Number: 05-00076a 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 REQUEST FOR AN EXTENSION OF TIME OF A
SPECIAL EXCEPTION ORIGINALLY GRANTED ON JANUARY 10, 2005, TO
PERMIT RESIDENTIAL USES WITHIN THE "C-2" DISTRICT AT A DENSITY OF
"R-3" OR HIGHER, FOR THE PROPERTIES LOCATED AT APPROXIMATELY
5600 NORTHEAST 4TH AVENUE AND 368 NORTHEAST 57TH STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on November 14, 2005, Item No. 3, adopted
Resolution No. ZB 2005-1109 by a vote of seven to zero (7-0), GRANTING and extension of time of a
Special Exception as hereinafter set forth; and
WHEREAS, William Hopper and Elvis Cruz, on behalf of the Morningside Civic Association, have
appealed the decision of the 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 extension of time of 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 recommendation 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. After reviewing the record below and having heard argument of counsel, and being
otherwise duly advised in the premise, it is found that:
(a) The proposed one hundred twenty feet (120') tall building is out of scale and
character of the "R-2" area it abuts.
(b) Approval of the extension of time will cause adverse effects generally.
Section 3. Therefore, the City Commission grants the appeal and reverses the decision of the
Zoning Board thereby denying the request for an extension of time for a Special Exception, originally
granted on January 10, 2005, to permit residential uses within the "C-2" District at a density of "R-3" or
higher, for the properties located at approximately 5600 Northeast 4th Avenue and 368 Northeast 57th
Street, Miami, Florida, more particularly described in "Exhibit A," pursuant to plans on file and subject
to a time limitation and subject to the following condition of the Planning Department:
City of Miami Page 1 of 2 Printed On: I/11/2006
File Number. 05-00076a
(a) The applicant shall present final design details on the facades, including
color and materials for review and approval by the Planning Director prior
to the issuance of a building permit.
Section 4. 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:
11 } 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 Ore: 1/11/2006