HomeMy WebLinkAboutR-07-0618City of Miami
Legislation
Resolution: R-07-0618
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00408pa Final Action Date: 10/25/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL BY W.
TUCKER GIBBS, ESQUIRE, ON BEHALF JERIN, INC. AND AFFIRMING THE
DECISION OF THE ZONING BOARD, THEREBY 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. Escarra, Esquire, 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 Gelabert-Sanchez, Planning Director for the City of Miami,
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 Bayview Market Major Use Special
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. ZB-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 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 Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission, after careful consideration of this matter and considering the
decision of the Zoning Board, denies the appeal, affirms the decision of the Zoning Board and finds
that the appeal does not state 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 to deny this appeal
providing the following conditions to be completed by the Applicant: 1) The retail doors on 17th
Avenue are to remain open during all business hours; 2) The receiving area is to be comprised of
see -through roll -up doors.
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 that this
City of Miami
Page 1 of 2 File Id: 05-00408va (Version: 5) Printed On: 4/18/2017
File Number: 05-00408pa Enactment Number: R-07-0618
is not a substantial modification or change under the Zoning Ordinance thereby dismissing the appeal
filed by W. Tucker Gibbs.
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: 05-00408oa (Version: 5) Printed On: 4/18/2017