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Resolution
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A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL BY
VV. TUCKER GIBBS ESQUIRE. ON BEHALF JERIN. INC. AND AFFIRMING THE
DECISION OF THE ZONING BOARD. THEREEY CONFIRMING THE PLANNING
DIRECTOR DETERMINATION OF NONSUBSTANTIAL MODIFICATION, DATED
MAY 11. 2007, REGARDING THE BAYVIEW MARKET MAJOR USE SPECIAL
PERMIT.
WHEREAS. on August 31, 2007. iris V. EEscarra. Esquire, requested verification from the 'Planning
Director fora non -substantial modification approval for an alternative plan for the Eayview Market
Major Use Special Permit.
WHEREAS_ on May 11. 2007, Ana Gelabert-Sanchez, Planning Director for the City -of Miarni.
responded in writing that pursuant to 'Section 1706 of Ordinance No. 11000, as amended. the Zoning
Ordinance of the City of Miami, the development order for the Eayview Market Major Use Special
Permit was "modified_ and
WHEREAS. on May 29. 2007, W. Tucker Gibbs filed an appeal to the Zoning ;Board requuestinc
that the non -substantial modification approval by the Planning Director be overturned: and
WHEREAS. the Miami Zoning Board at its meeting on July 30, 2007, Hem No. Z.3, adopted
Resolution No. ZB-07-0070 by a vote of seven to zero (7-0). t0 DENY the appeal: and
WHEREAS. on August 10. 2007. W. Tucker Gibbs filed an appeal to the Miami City Commission of
the Zoning Board's denial of the appeal: and
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 Reso1"ution are ado. fed by
reference and incorporated as if fullyset forth in this Section.
Section 2. The City Commrssion: after -careful consideration -of this ma er and withstanding the
decision of the Zoning Board. -denies the .appeal. affirms the decision of the Zoning Beard and finds
that the appeal stales 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 inlabitants to reinstate the
appea and remand the appeal to the Zoning Board for further consKjeration.
Section 3. Therefore. -based upon the, above findings. the -Miami Cityf Comm$SSion .after careful
constieratioe of this matter denies the appeal and affirms the decision of the -Zoning `Board thereby
sr ssino the appeal filed by VV. Tucker Gibb,s.
Cin of Warn;
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Section 4. T Resoiutior shaecome effective immedlately upon oopton and .sonature of
the Mayor_
APPROVED AS TO FORM AND CORRECTNES
JORGE L. FERNANDEZ
CITY ATTORNEY
octnctes
{1) II 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 Cornmission.
Ciraf Miami
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