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Resolution
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File Number: 06-00415x 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 GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE
NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
ALLOW MULTIFAMILY STRUCTURES OF A DENSITY EQUAL TO "R-3," IN THIS
CASE "R-4," FOR THE PROPERTY LOCATED AT APPROXIMATELY 401
NORTHWEST 71ST STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT
FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting on March 27, 2006, Item No. Z.9, adopted
Resolution No. ZB 06-1163 DENYING the request for a Special Exception, upon a motion to approve
the item which failed by a vote of four to two (4-2) and by virtue of the fact that Section 62-93 of the
City Code requires five (5) favorable votes for the approval of any item before the Zoning Board; and
WHEREAS, on March 29, 2006, Javier F. Avino, Esquire, on behalf of YMCA Village Phase I, LLC,
and YMCA of Greater Miami, (Applicants/Appellees), timely filed an appeal of 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 Special Exception meets 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 grant the Special Exception as hereinafter set forth;
NOW, THEREFORE, BE 1T 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 the parties, and being
otherwise fully advised in the premises, it is found that:
a, The proposed use could be beneficial to the area in providing new affordable
residential units and new employment opportunities; and
b. With respect to all additional criteria as specified in Section 1305 of Zoning
Ordinance 10000, the proposal has been reviewed and found to be adequate.
City of Mimi Page 1 of 2
Printed On: 3/31/2006
File Number: 06-00415x
Section 3. Based upon the foregoing findings and determinations, the City Commission grants the
appeal, reverses the decision of the Zoning Board, (Resolution ZB-06-1163, adopted March 27, 2006),
and approves the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, to allow multifamily structures of a density equal to "R-3," in this case "
R-4," for the property located at approximately 401 Northwest 71st Street, Miami, Florida, more
particularly described in "Exhibit A," subject to the following conditions:
a. The applicant shall present all final design details, including, but not limited to,
architectural plans, site plan, elevations and floor plans for review and approval
by the Planning Department prior to the issuance of any Building Permits which
clearly shows how the final project will respond to a better transition to its
neighborhood context and how the height, scale and massing will be recon-
figured in order to determine the impact to the surrounding area stipulated
under Section 1305 of the Zoning Ordinance.
b. A certification from the owners that they acknowledge and recognize that they
are 'coming to a nuisance' in that they are locating themselves in a commercial
district and they are aware that they and their future tenants may encounter
excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and
the spillover effect of light that currently exist in the district;
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:
{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: 3/31/2006