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Resolution
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3500 Pan American
Drive
Miami, FL 33133
www.ci.miarni.fl.us
File Number: 05-00014 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY DONALD J. HAYDEN, ESQ., AND JONEL NEWMAN,
ESQ., (FORMERLY 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, ISSUED OCTOBER 27, 2004, 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 No. 2,
adopted Resolution No. ZB 2004-0960 by a vote of seven to one (7-1), to DENY the appeal filed
by the Morningside Civic Association, Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz (
collectively the "Appellants") of a Class 11 Special Permit Application No. 04-0198 issued by the
Planning Director on October 27, 2004; and
WHEREAS, the Appellants appealed the decision of the Miami Zoning Board to the City
Commission which, at its meeting on March 10, 2005, passed Resolution No. R-05-0155, signed
by the Mayor on March 17, 2005 GRANTING the Appellants' appeal and thereby denying Class II
Special Permit Application No. 04-0198; and
WHEREAS, the developer, Morningside Development, LLC, filed a petition for writ of certiorari
from City Commission Resolution R-05-0155, and, on October 18, 2005, the Circuit Court
Appellate Division issued an order quashing Resolution No. R-05-0155 and remanding the case
back to the City Commission for proceedings consistent with the opinion of the Court; and
WHEREAS, the Court, in the above stated order ruled the City Commission must make written
findings and determinations under Section 1305 of the Miami Zoning Ordinance and further held
that the City Commission's review of the Zoning Board's decision is limited to a traditional
appellate review based on the record actually presented to the Zoning Board; and
WHEREAS, the City Commission, at its hearing on January 26, 2006, remanded this matter to
the Zoning Board for modification of its December 13, 2004 resolution to provide the written
findings and determinations required by Section 1305 of the Miami Zoning Ordinance;
WHEREAS, the Miami Zoning Board at its meeting on March 13, 2006, Item No. 14, adopted
Resolution No. ZB 2004-0960 (Amended) by a vote of six to two (6-2), to amend Resolution ZB
2004-0960 to provide the written findings and determinations as required by Section 1305 of the
Miami Zoning Ordinance; and
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File Number: 05-00014
WHEREAS, the City Commission after careful consideration of this matter upon remand, 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 reverse the decision of the Zoning Board and Planning Director and thereby deny
the issuance of 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 applicant failed to provide competent substantial evidence that the
requirements of Section 1305 of Ordinance No. 11000 have been met;
b. The offstreet parking and loading facilities are inadequate because the
applicant is requesting to provide fewer stalls than required and wishes
to allow the loading spaces to back into the public right of way;
c. The applicant's plan to preserve the natural features is inadequate;
d. The project is incompatible and inharmonious with other development in
the area to a degree which may cause substantial depreciation of the
value of nearby property;
e. The conditions and safeguards are inadequate to protect against the
potentially adverse effects of the project;
f. The denial of the Class II permit does not inordinately burden an existing
use of real property or a vested right to a specific use of real property.
g. The denial of the Class II Special Permit does not directly restrict or limit
the use of real property such that the property owner is permanently unable
to attain the reasonable, investment -backed expectation for the existing use
of the real property or a vested right to a specific use of the real property with
respect to the real property as a whole, further the property owner is not left
with existing or vested uses that are unreasonable such that the property
owner bears permanently a disproportionate share of a burden imposed for
the good of the public.
Section 3. Based upon the foregoing findings and determinations, 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. 04-0198
issued by the Planning Director on October 27, 2004, to allow for new construction for the
properties located at approximately 5301-5501 Biscayne Boulevard, 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}
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File Number: 05-00014
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ GguJ
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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