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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File .Number: 05-01513
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT,
DENYING A REQUEST TO CLOSE, VACATE, ABANDON AND DISCONTINUE
FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT SOUTHEAST
11TH STREET BETWEEN SOUTH MIAMI AVENUE AND SOUTHEAST 1ST
AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A."
WHEREAS, the Miami Zoning Board at its meeting on December 12, 2005, Item No. 8, duly
adopted Resolution No. ZB 2005-1104 by a vote of five to four (5-4), RECOMMENDING DENIAL of a
request to close, vacate, abandon, and discontinue a portion of a public right-of-way as set forth; and
WHEREAS, the Planning Department studied the subject vacation and closure and determined
that the closure and vacation of SE 11th Street could have unanticipated long-term consequences
and could ultimately facilitate the development of a building that is inconsistent with the height, bulk
and scale of existing buildings in the neighborhood; and
WHEREAS, it is found that the property owner has failed to demonstrate any public benefits that
would be provided as as result of the proposed closure and vacation; and
WHEREAS, the City Commission after careful consideration of this matter finds that it is not in the
best interest of the general welfare of the City of Miami and its inhabitants to grant the vacation and
closure of a portion of the public right-of-way as hereinafter described, and deems it advisable to deny
the request;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 closure and vacation of Southeast 11th Street is not in the public interest.
Section 3. Therefore, a portion of a street located at Southeast 11th Street between South Miami
Avenue and Southeast lst Avenue, more particularly described in Exhibit "A," is hereby denied.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
City of Miami
Page 1 of 2 Printed On: 1/25/2006
File Number: 05-01513
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ (ti
CITY ATTORNEY
Footnotes:
{1} !f 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: 1/10/2006