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Resolution
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Fite Number: 06-01239a 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, SCHEDULE OF DISTRICT REGULATIONS, TO
ALLOW A SUPPER CLUB IN "C-1". FOR THE PROPERTY LOCATED AT
APPROXIMATELY 28 NORTHEAST 40TH STREET. 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 November 13, 2006, Item No, Z.4,
following an advertised public hearing, adopted Resolution No. ZB 06-1260, by a vote of 3 to 3 (3-
3). DENYING the special exception as hereinafter set forth, due to the failure to obtain the majority
of votes; and
WHEREAS, on November 22, 2006, Louis Terminello, Esq., 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 a supper club in "C-1", for the property located at approximately 28 Northeast 40th
Street, Miami, Florida, more particularly 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
City of itliarni
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File Number: 06-01239x
the Mayor. {1}
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 Miami
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