HomeMy WebLinkAboutR-06-0063City of Miami
Legislation
Resolution: R-06-0063
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00076a Final Action Date: 1/26/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD
AND THEREBY GRANTING A REQUEST FOR AN EXTENSION OF TIME FOR A
SPECIAL EXCEPTION ORIGINALLY GRANTED ON JANUARY 10, 2005, TO
PERMIT RESIDENTIAL USES WITHIN THE "C-2" DISTRICTATA 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 , A TIME LIMITATION AND SUBJECT TO A CONDITION BY THE
PLANNING AND ZONING DEPARTMENT.
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 an extension of time for 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, finds that the stated
grounds for the appeal and the facts presented in support thereof, do not justify reversing the
decision of the Zoning Board, and deems it advisable and in the best interest of the general welfare
of the City of Miami and its inhabitants to grant 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 residential use is compatible and will be beneficial to the area
by providing new housing opportunities to the community.
(b) The proposed use is in scale and character with the surrounding area.
(c) The proposed plan provides the required parking.
(d) The proposed plan complies with all the required criteria in Section 1305 of
Zoning Ordinance 11000, except for the criteria which has been sufficiently
remediated by the condition imposed by the Planning Department.
(e) The Appellants lack the required standing to present this appeal in that
City of Miami
Page 1 of 2 File Id: 05-00076a (Version: 2) Printed On: 12/21/2016
File Number: 05-00076a Enactment Number: R-06-0063
they are not "aggrieved property" owners and homeowner associations
are not considered "aggrieved persons" under Florida law.
(f) The Notice of Appeal fails to sufficiently state the grounds for the
appeal as required in the Zoning Ordinance.
Section 3. Therefore, the City Commission denies the appeal and affirms the decision of the
Zoning Board, thereby granting 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 particulary described in "Exhibit A," pursuant to plans on file, a time
limitation and subject to the following condition of the Planning Department:
(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}
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 File Id: 05-00076a (Version: 2) Printed On: 12/21/2016