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HomeMy WebLinkAboutLegislation (Version 3)City of Miami 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