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Resolution
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Viic'tiurmber: fl5-004111spa Final Action Daic:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
EY W TUCKER GIBBS, ESQUIRE, ON BEHALF JERIN. INC. AND REVERSING
THE DECISION OF THE ZONING BOARD, THEREBY DENYING THE PLANNING
DIRECTOR DETERMINATION FOR A NONSUSSTANTIAL MODIFICATION,
DATED MAY 11, 2007, REGARDING THE BAYVIEW MARKET MAJOR USE
SPECIAL PERMIT.
WHEREAS. on August 3 1. 2007, Iris V. Escarra.'Eseluire, requested verification from the Planning
Director for a non -substantial modification approval for an alternative plan for the Bayview Market
Major Use Special 'Permit.
WHEREAS. on May 11. 2007, Ana Ge;abert-Sanchez.. Planning Director for the City -of Miami.,
responded in writing that pursuant to Section 17.06 of Ordinance No. 'Max, as amended.. the Zoning
'Ordinance of the City of Miami the development order for the Bayview Market Major Use -S-pecial
.permit was modified; and
WHEREAS. on May 29, 2007, W. Tucker Gibbs filed an appeal to the Zoning Board requesting
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. Item No. Z.3, adopted
Resolution No 1B-07-0070 by a vote of seven to zero (7-0). to DENY the appeal; and
WHEREAS. on August 10, 2007. W. Tucker Gibbs filed an appeal to t►-.+e Miami City Commission -of
the Zoning Board's denial of the appeal; and
WHEREAS. the City Commission, after careful consideration of this matter and notwithstanding
the decision of the Zoning Board. grants the appeal. reverses the decision of the Zoning Board and
finds that the appeal states 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 inhabitants to :reinstate the
appeal and remand the appeal #o the Zoning Board for further consideration:
NOW. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY'OF MIAMI.
FLORIDA.
Section 1. The recitals and findings contained in the Preamble tc this R'-esolutior are adopted by
reference and incorporated as if fully set forth in this Section.
Secticr, 2. The City Commission. after careful consideration of this rnatter.and notwithstanding the
decis+on of the Zoning Be ard_ grants the appeal, reverses the decision of tre.Zonin.g Board and finds
that the appeal'states e cause of action upon which relief can be granted, and deems it advisable and
s + thegeneral welfare f t of .-Miami aria its in`ab,tants to reinstate the
�:"? �??� best interest v� g..,3..r�: ��ei���e G� the Ci,y �.
Cary of iicaraa
Page 1 a 2 Primed -On: a &. 4 2.f1(17
F.i4f N'timbr 05-00406p
-appeal and remand the appeal to Inc Zoning board for further -consideration
Section 3. This Resolution shaU become effective immediately upon ts adoption and signature of
the Mayor
APPROVED AS TO FORM AND CORRECTNESSe--
JORGE L. FERNANDEZ
CITY Al ORNEY
roc tnctes :
{1) If the Mayor does not sign this Resoiution, 1 shali become effective at the end -,of •ten.•caiendar days
from the date it was passed and adopted. If the Mayor vetoes this .Resotution, 11 s-hall:become
:effective immediately upon override of the veto by the City Commission.
Papc of 2 Pritwea On: 10 4 2011'