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Legislation
Resolution
City Haii
3500 Pan American
Drive
Miami, EL 33133
` ww.cl.miarn .tl.us
i itc :Nun fiber: O6-00422ii Film Actiun Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY APPROVING WITH CONDITIONS THE CLASS II SPECIAL PERMIT
APPLICATION NO. 05-0313, ISSUED BY THE PLANNING DIRECTOR ON
JANUARY 18, 2006, TO ALLOW FOR NEW CONSTRUCTION OF ELECTRA TWO,
LOCATED AT APPROXIMATELY 100 NORTHEAST 39TH STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on March 27, 2006, Item No. Z.4, adopted
Resolution No. ZB 06-1152 by a vote of five to one (5-1), of Special Permit Application No. 05-0313 by
the Planning Director on January 18, 2006; and
WHEREAS, on April 11, 2006, Brenda Kuhns, Wendy Stephan, Pat Kelly and the Buena Vista East
Historic Neighborhood Association (Applicant/Appellee) 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
Class It Special Permit does in fact 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 deny the appeal, affirm the decision of the Zoning Board and thereby approve
with conditions the Class 11 Special Permit 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 Applicant/Appellee did not seek any variances from the requirements of
the City's zoning code;
b. The Appellants failed to provide to the Zoning Board any competent substantial
evidence to support a reversal of the Planning Director's approval of the Class II
permit;
c. The evidence submitted by the Appellants consisted exclusively of non -fact
based, opinion testimony of neighbors;
d. The testimony presented by the neighbors went only to their sentiment that the
project was aesthetically "out of scale" and offered no expert testimony on that
issue;
e. It was the Appellants` burden on appeal to the Zoning Board to establish through
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competent substantial evidence that the criteria of Section 1305 of the Zoning
Ordinance had not been met, a burden which they failed to carry:
f. The Applicant/Appellee provided competent substantial evidence in the form of
expert testimony of a traffic engineer, a planner and an architect, all of whom
testified that the Project was in compliance with the criteria in Section 1305 of the
Zoning Ordinance;
g. The Project was reviewed and approved by the Director of the City of Miami
Planning Department, who found in her Final Decision dated January 18, 2006
(which we adopt and affirm), that with regard to the criteria set forth in Section
1305 of the Zoning Ordinance, the Project has been reviewed and found to be
sufficient subject to the following mitigating conditions:
1. The Applicant/Appellee shall provide the Planning Department with a
temporary construction plan that includes the following: a temporary
construction parking plan with an enforcement policy and a construction
noise management plan with an enforcement policy; and
2, The Class II Special Permit approval is further conditioned on a full
review by the Office of Zoning and any substantial changes that arise
due to zoning comments wil require a new Class II Special Permit
while minor changes due to zoning comments shall be considered
substantially in compliance with this approval.
Section 3. Based upon the foregoing findings and determinations, the City Commission hereby
denies the appeal and affirms the decision of the Zoning Board, Resolution No. ZB 2006-1152,
adopted March 27, 2006, thereby approving, with the above conditions, Class II Special Permit
Application No. 05-0313 issued by the Planning Director on January 18, 2006, to allow new
construction of the Project for the property located at approximately 100 Northeast 39th 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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