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HomeMy WebLinkAboutLegislation (Version 1)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 avww.miamigov.cem File Number: 66-02237 Final ;fiction Dates A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTION 3(mm)(ii)(A) OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, WHICH ESTABLISHES A 50-FOOT SETBACK REQUIREMENT FOR ALL PROJECTS ALONG THE MIAMI RIVER, EAST OF NORTHWEST 5TH STREET, TO PERMIT A 20-FOOT SETBACK ALONG THE WATERFRONT (REAR) YARD AND SIDE YARDS EQUAL TO EIGHTEEN (18) FEET ON THE NORTH SIDE AND THIRTY-SIX (36) FEET ON THE SOUTH SIDE FOR THE 1001 BRICKELL BAY TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1001 BRICKELL BAY DRIVE A.K.A. 1001 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. WHEREAS, on December 5, 2006, N. Patrick Range, II, Esquire, on behalf of Brickell Bay Tower, Ltd., Inc. (referred to as "APPLICANT"), submitted a request for a modification to the Waterfront Charter requirement set forth in Section 3(mm)(ii)(A) of the Charter of the City of Miami, Florida, as amended (the "Charter") to permit a 20-foot setback along the waterfront (rear) yard and side yards equal to eighteen (18) feet on the north side and thirty-six (36) feet on the south side for the 1001 Brickell Bay Tower project (referred to as "PROJECT"), to be located at approximately 1001 Brickell Bay Drive A.K.A. 1001 South Bayshore Drive, Miami, Florida, as legally described in "Exhibit A", attached hereto and made a part thereof; and WHEREAS, said Charter modification requires City Commission approval; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to approve the requested waterfront Charter modification 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 (a) hereby finds that the Project complies with the criteria for modification of the Waterfront Charter provisions as specified in Section 3 (mm)(ii)(A) of the Charter, which establishes a 50-foot setback requirement for all projects along the Miami River, east of Northwest 5th Street, and (b) hereby approves a modification to said Charter provision to permit a 20-foot setback along the waterfront (rear) yard and side yards equal to eighteen (18) feet on the north side and thirty-six (36) feet on the south side for the Project, to be located at approximately 1001 Brickell Bay Drive A.K.A. 1001 South Bayshore Drive, Miami, Florida, as legally described in "Exhibit A", attached hereto and made a part thereof. Section 3. This Resolution shall become effective immediately upon its adoption and signature of City of Miami Page 1 of 2 Printed On: 2/1/2007 File Number: 06-02237 the Mayor, {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ Cf TY 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 Page 1 of 2 Printed On: 2/1/2007