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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fLus
File Number: 06-00429x Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD
AND THEREBY DENYING 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 RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO
"R-3" OR HIGHER, IN THIS CASE "R-4", FOR THE PROPERTY LOCATED AT
APPROXIMATELY 40 NORTHEAST 75TH STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on March 27, 2006, Item No. Z,3, adopted
Resolution No. ZB 06-1155 DENYING the request for a Special Exception, upon a motion to approve
with conditions which failed by a vote of two to four (2-4) 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, Tony Recio, Esquire, on behalf of Julien Robeson and PHG-
Holdings, LLC (Applicants/Appellees), timely filed an appeal of the decision of the Zoning Board; and
WHEREAS, the City Commission, after careful consideration of this matter, finds the application
for 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 affirm 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 the parties, and being
otherwise duly advised in the premises, it is found that:
a. The approval of the special exception would be contrary to Section 1305.3 of the
Zoning Ordinance, entitled 'Use and occupancy criteria,' in that it will
introduce a residential element into an already established commercial
district; and
b. The proposed use will operate in proximity to more intensive uses and it
will be difficult to protect the newly introduced residential areas from
excessive noise, fumes, odors, commercial vehicle intrusion, traffic
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File Number: 06-00429x
conflicts, and the spillover effect of light that currently exist in the district;
and
c_ The Special Exception must be denied to protect adjoining properties and
the neighborhood from avoidable potentially adverse effects of the
introduction of the residential use; and
d. The proposed nine (9) story building design is not in keeping with height
and scale of the surrounding neighborhood.
e. A wider range of building types and housing options within this project,
including townhouse units, garden apartments, or garage liner units,
combined with an apartment building, will be necessary for the project
to transition in bulk and scale to its immediate context.
f The design of the facades of the proposed building along with the
proposed parking structure needs further study in order to explore the
effects of the specified materials, colors and articulation chosen by the
architect.
Section 3. Based upon the foregoing findings and determinations, the City Commission hereby
denies the appeal, affirms the decision of the Zoning Board, Resolution ZB-06-1155, adopted March
27, 2006, and denies the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, to allow multifamily residential structures of a density equal to "R-3" or
higher, in this case "R-4," for the property located at approximately 40 Northeast 75th Street, Miami,
Florida, more particularly described in "Exhibit A."
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.
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