HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci_miami.fl.us
File Number: 04-01209 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC.
AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ,
REVERSING THE DECISION OF THE MIAMI ZONING BOARD, AND DENYING
CLASS it SPECIAL PERMIT APPLICATION NO. 03-0308 ISSUED ON JULY 21,
2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT
APPROXIMATELY 5225 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on October 4, 2004, Item No. 6, adopted
Resolution No. ZB 2004-0929 by a vote of eight to zero (8-0), to DENY the decision issued on Class 11
Special Permit Application No. 03-0308 by the Planning and Zoning Director on July 21, 2004, and
WHEREAS, an appeal of the Zoning Board decision was filed by the Morningside Civic
Association, Inc. and Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the
recommendation of the Zoning Board, finds the Class II Special Permit 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 grant the appeal, reverse the
decision of the Zoning Board and Planning and Zoning Director and deny the Class II Special Permit
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 City Commission grants the appeal and reverses the decision of the Miami Zoning
Board, Resolution No. ZB 2004-0929, adopted October 4, 2004, thereby denying the Class II Special
Permit Application No. 03-0308 issued by the Planning and Zoning Director on July 21, 2004, to allow
new construction for the property located at approximately 5225 Biscayne Boulevard, Miami, Florida,
more particularly described in "Exhibit A."
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. (1}
City of Miami Page 1 of 2 Printed On: 10/25/2004
File Number: 04-01209
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ A'"
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: 10/25/2004