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Legislation
Resolution
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3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00567
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REVERSING THE DECISION OF THE ZONING BOARD, GRANTING THE
APPEAL, AND DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO.
05-0065 ISSUED BY THE PLANNING DIRECTOR ON MARCH 16, 2005, TO
ALLOW AN ADDITION/REMODELING FOR THE EMERGENCY DEPARTMENT
LOCATED WITHIN THE MERCY HOSPITAL GROUNDS, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 3663 BAYSHORE DRIVE, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on May 23, 2005, Item No. 1, adopted
Resolution No. ZB 2005-1027 by a vote of eight to zero (8-0), DENYING the Class II Special Permit
Appeal; and
WHEREAS, on June 6, 2006, an appeal of the Zoning Board decision was filed by W. Tucker
Gibbs, Esquire, on behalf of the Bay Heights Home Improvement Association and Nancy Benvaich;
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 Zoning Board,
Resolution No. ZB 2005-1027, adopted May 23, 2005, thereby denying the Class 11 Special Permit
from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section
401, to allow an addition/remodeling for the Emergency Department located with the Mercy Hospital
grounds, for the property located at approximately 3663 South Bayshore Drive, 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: 7/12/2005
Fife plumber: 05-00567
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: 6/22/2005