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HomeMy WebLinkAboutCC Reso R-05-0155City of Miami Legislation Resolution: R-05-0155 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Final Action Date:3/10/2005 File Number: 05-00014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY ANDREW W.J. DICKMAN, ESQ., ON BEHALF OF THE MORNINGSIDE CIVIC ASSOCIATION, ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 04-0198, TO ALLOW FOR NEW CONSTRUCTION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5301-5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting on December 13, 2004, Item emilNd.b , adopted Resolution No. ZB 2004-0960 by a vote of seven to one (7-1), to DENY the appealY ew W.J. Dickman, Esquire, on behalf of the Morningside Civic Association, Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz of a Class II Special Permit Application No. 04-0198 issued by the Planning Director on October 27, 2004, and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Miami 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 Director and deny 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. The City Commission grants the appeal and reverses the decision of the Miami Zoning Board, Resolution No. ZB 2005-0960, adopted December 13, 2004, thereby denying the Class II Special Permit Application No. 04-O�ocated atissued ya the proxirriat y Director 5501 Biscayne Boulevard, an04, d allow for new construction for the propertiesp Miami, Florida, more particularly described in "Exhibit A." Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page I of 2 Printed On: 10/20/2005 Enactment Number: R-05-0I55 File Number: 05-00014 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: 10/20/2005 City of Miami Master Report Enactment Number: R-05-0155 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 05-00014 Version: 3 File Type: Resolution Status: Passed Reference: Controlling Body: Office of the City Clerk File Name: Class II Appeal - 5301-5501 Bisc Blvd Introduced: 1/7/2005 Requester: Cost: Final Action: 3/10/2005 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY ANDREW W.J. DICKMAN, ESQ. ON BEHALF OF THE MORNINGSIDE CIVIC ASSOCIATION, INC., ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS Il SPECIAL PERMIT APPLICATION NO. 04-0198, TO ALLOW FOR NEW CONSTRUCTION ON THE PROPERTIES LOCATED AT APPROXIMATELY 5301-5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." Sponsors: Notes: * 10-20-05: Pis use Versions 4 & 5 for upcoming CC mtg. Indexes: Attachments: 05-00014 Legislation a (Version 1).PDF,05-00014 Legislation b (Version 2).PDF,05-00014 Exhibit A.PDF,05-00014 Zoning Map.pdf,05-00014 Aerial M.ap.pdf,05-00014 ZB Appeal Letter.PDF,05-00014 ZB Reso.PDF,05-00014 Class II Appeal Letter.PDF,05-00014 Class I1 Final Decision.PDF,05-00014 Class 11 Referral.PDF,05-00014 Drawings.PDF,05-00014 Fact Sheet 03-10-05.PDF,53&55 COMCC 10MAR05.ppt,53&55 PPT for COMCC.doc,05-00014-Submittal 1.pdf,05-00014-Submittal 2.pdf,05-00014-Submittal 3.pdf,05-00014-Submittal 4.pdf,05-00014-Appeal 5.pdf,05-00014-Submittal 6.pdf, History of Legislative File Version: Acting Body: Date: 2 Office of the City Attorney 3 Office of the City Attorney 3 City Commission 3 3 Action: Sent To: Due Date: Return Date: Result: 3/10/2005 3/10/2005 3/10/2005 Office of the Mayor 3/17/2005 Office of the City Clerk 3/17/2005 Reviewed and Approved Reviewed and Approved ADOPTED Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk Pass Printed on 10/20/2005 City of Miami Page 1