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HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-00440xc Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, REGULATIONS, TO ALLOW SURFACE PARKING IN A RESIDENTIAL ZONE TO SERVE THE COMMERCIAL USE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3885 NORTHWEST 6TH STREET AND 600 NORTHWEST 38TH COURT, MIAMI, FLORIDA, SUBJECT TO THE FOLLOWING CONDITIONS: 1) PUBLIC WORKS APPROVAL TO LANDSCAPE AND MAINTENANCE OF THE SWALE TO PREVENT PARKING AND 2) PROVISION OF DOWN LIGHTING ON THE LOT. WHEREAS, the Miami Zoning Board, at its meeting on April 9, 2007, Item No. Z.7, following an advertised public hearing, adopted Resolution No. ZB 07-0035 by a vote of six to zero (6-0), recommending APPROVAL of a Special Exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds the application for the Special Exception meets 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 decision of the Zoning Board and grant 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 decision of the Zoning Board to grant the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 612, Regulations, to allow a surface parking in a residential zone to serve the commercial use, for the properties located at approximately 3885 Northwest 6th Street and 600 Northwest 38th Street, Miami, Florida, legally described in attached "Exhibit A," subject to the following conditions: 1) Public Works approval to landscape and maintenance of the swale to prevent parking and 2) Provision of down lighting on the lot, is affirmed and the Special Exception granted. City of Miami Page 1 of 2 Printed On: 5/312007 ✓ ile Number: 06-00440xc 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 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 Page 2 of 2 Printed On: 5/3/2007