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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33 i 33,
w� w.ci.miami,fLus
F'iibs,i :fiction Date:
File Number: O6-00441za
A RESOLUTION OF THE MIAMI CITY COMMVi1SSION. WITH ATTACHMENT(S).
REVERSING THE DECISION OF THE MIAMI ZONING HE BR AQ D TO DDISMISS THE
THAT THE
APPEAL FILED BY OCTAVIO ROBLES, WHER
180 DAY PERIOD PROVIDED IN SECTION 2105.4.1(a) OF ORDINANCE NO.
11000 BE STRICKEN OR IN THE ALTERNATIVE BE CONSIDERABLY EXTENDED
TO REFLECT A REASONABLE PERIOD IN TODAY'S PERMITTING CLIMATE,
REINSTATING THE R ��TI-lER CONSL AND
.ING THE APPEAL TO THE MIAMI
ZONING BOARD
WHEREAS. on October 1, 2005, Mr. Octavio Robles requested verification from the Zoning
Administrator that the newly enacted NCD-3 Coconut Grove Neighborhood Conservation Overlay
District would or would not apply to h s de24velopment
050007629. application for two side by side single family
houses with process numbers 0500
WHEREAS, on November 8, 2005, Mr. Orlando Toledo, Zoning Administrator for the City of Miami,
responded in writing that pursuant to Article 21, Section 2105.4.1 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Robles must obtain a building permit within one hundred eighty (180)
days of the effective date of the expired regulations or the new regulations will apply to his
development; and
WHEREAS, on November 23, 2005, Mn Octavio Robles filed an appeal to the Zoning Board
requesting that the 180 day period provided in Section 2105.4.1(a) of Ordinance No. 11000 be stricken
or in the alternative, be considerably extended to reflect a reasonable period in today's permitting
climate; and
WHEREAS, the Miami Zoning Board oftnine tos eting on zera (9-0) bouary DISM�SS Othe appeal fo�fail� g too fate
Resolution No. ZB 2006-1141 by a
a cause of action upon which relief could be granted; and
WHEREAS, on February 27, 2006, Mr. Octavio Robles filed an appeal to the Miami City
Commission of the Zoning Board's dismissal of his appeal; and
WHEREAS, the City Commission, after careful consideration of this matter and notwithstanding the
decision of the Zoning Board, grants the appeal, n w� herses the decision of the Zoningre! of can be granted and deemsB adoardvisabieand lnds and
that the appeal states a cause of action p
in the best interest of the general welfare of the City of Miami and its inhabitants to reinstate the appeal
and remand the appeal to the Zoning Board for further consideration;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAM1,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
City of Miami
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Printed On: 4/12/2006
File Number. 06-OQ4 1za
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission, after careful consideration of this matter and notwithstanding the
decision of the Zoning Board, grants the appeal, reverses the decision of the Zoning Board and finds
that the appeal states a cause of action upon which relief can be granted and deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants to reinstate the appeal
and remand the appeal to the Zoning Board for further consideration.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ CAl'A
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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Printed On: 4/12/2006