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Resolution
City Haii
3500 Pan Amer€can
Drive
Miami, FL 33133
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File Nu6-00422ii Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY BRENDA KUHNS, WENDY STEPHAN, PAT KELLY
AND THE BUENA VISTA EAST HISTORIC NEIGHBORHOOD ASSOCIATION,
REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING 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), to deny the appeal filed by Brenda Kuhns,
Wendy Stephan, Pat Kelly and the Buena Vista East Historic Neighborhood Association of Special
Permit Application No. 05-0313 issued 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, and notwithstanding the
recommendation of the Zoning Board, finds the Class II Special Permit 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 grant the appeal, reverse the
decision of the Zoning Board and Planning and Zoning Director and deny the Class II 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 Zoning Board departed from the essential requirements of law when it
did not grant the Appeal.
b. The Applicant/Appellee failed to present substantial competent evidence
that the Electra II project conformed with the expressed intent of the
SD-8 Special Zoning District or with the criteria set forth in Section 1305
of Ordinance No. 11000.
c. The Appellant showed substantial competent evidence that the Electra II
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project actually harms the Design District and thwarts the intent of the
SD-8 Special Zoning District by decreasing three -fold the amount of
commercial space that could be used for a design -specific purpose.
d. The Appellant showed substantial competent evidence that Section 608.1
of Ordinance No. 11000 allows for increased density only "for mixed -use
development sites abutting principal arterial roadways" and that Electra II
is not situated on an arterial roadway but rather on small, neighborhood
roads with one way going in each direction,
e. The Applicant/Appellees' alleged expert only provided conclusions which
where not based on fact.
f. The Applicant/Appellee failed to present substantial competent evidence
that Electra II was in context with the neighborhood, the physical
contextual surroundings, or created a transition in bulk and scale as
required by Section 1305 of the Zoning Ordinance.
g. The Appellant showed that the Electra II was plainly out of scale and out
of context with the neighborhood and existing physical contextual
environment, all of which consist of one -to -five story structures.
h. The design -specific uses would be decreased if Electra II were built
because Electra II would create a three -fold decrease in commercial
space available for design -specific uses which is in contravention of
Section 1305 of the Zoning Ordinance.
Section 3. Based on the foregoing findings and determinations, the City Commission hereby grants
the appeal and reverses the decision of the Zoning Board, Resolution No. ZB 2006-1152, adopted
March 27, 2006, thereby denying the 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 attached
"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: aKI&)
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
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