HomeMy WebLinkAboutR-07-0108City of Miami
Legislation
Resolution: R-07-0108
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00441za Final Action Date: 2/22/2007
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
REFLECTA 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:
City of Miami
Page 1 of 2 File Id: 06-00441 za (Version: 3) Printed On: 3/20/2017
File Number: 06-00441za Enactment Number: R-07-0108
a. Mr. Robles has failed to state a cause of action upon which relief can
be granted;
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
except where specifically authorized to do so by this zoning ordinance
and within limitations established by such authorization" and therefore
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 to the Zoning Administrator
when it exercised its authority to review the decision of the Zoning Administrator
and could therefore not grant the relief requested;
d. Mr. Robles is actually requesting an amendment to the Zoning Ordinance;
e. The proper procedure for adopting amendments to the Zoning Ordinance
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 findings, the Miami City Commission, after careful
consideration of this matter, denies the appeal and affirms the decision of the Zoning Board thereby
dismissing the appeal filed by Mr. Octavio Robles
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
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 2 of 2 File Id: 06-00441 za (Version: 3) Printed On: 3/20/2017