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HomeMy WebLinkAboutLegislation (Version 3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive. Miami, FL 331133 v nw ni.raarni.fl.us File Number: 06-00441 za Final Atz."" Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE MIAMI ZONING BOARD TO DISMISS THE APPEAL FILED BY OCTAVIO ROBLES, WHEREIN HE REQUESTED 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. 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 his development application for two side by side single family houses with process numbers 050007624 and 050007629. 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, Mr. 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 at its meeting on February 13, 2006, Item No. 2, adopted Resolution No. ZB 2006-1141 by a vote of nine to zero (9-0), to DISMISS the appeal for failing to state 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 denies the appeal, affirms the decision of the Zoning Board thereby dismissing the appeal filed by Mr. Octavio Robles; 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 having heard arguments of the parties and otherwise being full advised in the premises, it is found that: a. Mr. Robles has failed to state a cause of action upon which relief can City of Miami Page 1 of 2 Printed On: 4/12/2006 Fife Numbe 06-0447zo be chanted; b. The Zoning Administrator's powers are specifically limited by Section 2101.2 of Ordinance No. 11000 (the Zoning Ordinance of the City of Miami) which provides that the Zoning Administrator "shall not have the power to waive, vary, or modify such terms, provisions, or requirements by this awhere srized d by sodo uch authorization" niangd thderefore inance andnd within limitations etablise is unable to grant the relief requested; c. There are no provisions within the Zoning Ordinance that provide the authority to the Zoning Administrator to strike or amend Section 2105.4.1(a): d. The Zoning Board was limited to the powers given tthe o theZ ningnAg miniinti atoror r when it exercised its authority to review the decision and could therefore not grant the relief requested; d. MrRobles is actuallyrequesting foradoptingt amendments to the Zoning Ordinance an amendment to the Zoning Ordinance; e. The proper procedure is found in Article 22 of the Zoning Ordinance; f. Mr. Robles has not requested any such amendment to the Zoning Ordinance. Section 3. Therefore, based upon the above �� affigms the dMiami et lion of tthe Z©wing Soaafter rd thereby consideration of this matter, denies the appeal a dismissing the appeal filed by Mr. Octavio Robles Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. 11 } APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CAvd CITY ATTORNEY Footnotes: {1} if the Mayor does not sign this Resolution, it Mayorilbecome e toesth�s effective Resolution, ttend shaliten become effective from the date it was passed and adopted. if the immediately upon override of the veto by the City Commission. City of Marna Page 2 of 2 Printed On: 4/12/2006