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Legislation
Resolution
City HaM
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02238x 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, CONDITIONAL PRINCIPLE USES OF "R-1"
SINGLE-FAMILY RESIDENTIAL, TO ALLOW THE CONSTRUCTION OF PLACES
OF WORSHIP IN "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3501 WEST FLAGLER, MIAMI, FLORIDA,
PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting on January 8, 2007, Item No. Z.7, adopted
Resolution No. ZB 07-0005 by a vote of five to two (5-2), DENYING the special exception as
hereinafter set forth; and
WHEREAS, on January 11, 2007, Ben Fernandez, Esq., on behalf of Universal Church, Corp.,
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 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. The recommendation of the Zoning Board to deny the Special Exception as listed in
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section
401, to allow the construction of places of worship in "C-1" Restricted Commercial, for the property
located at approximately 3501 West Hagler, Miami, Florida, legally described in attached "Exhibit
A," pursuant to plans on file and subject to a time limitation of twelve (12) months in which a
building permit must be obtained, is affirmed, and the Special Exception denied.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
City of Miami
Page 1 of 2 Printed On: 2/1/2007
File Number: O6-02238x
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.
City of Mirrrni Page 2 of 2 Printed On: 2/1/2007