HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00044x Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD
AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY
SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND
1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES,
HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737
AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES,
HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI,
FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED.
WHEREAS, the Miami Zoning Board, at its meeting on March 22, 2010, following an advertised
public hearing, adopted Resolution No. ZB-R-10-010 by a vote of six to one (6-1), item no. Z. 3, to
APPROVE with conditions the Special Exception as set forth; and
WHEREAS, the decision of the Zoning Board has been appealed by W. Tucker Gibbs; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding
the recommendation of the Zoning Board, finds the application for the Special Exception does not
meet the applicable requirements of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, and deems it advisable and in the best interest of the general welfare of
the City of Miami and its inhabitants to reverse the decision of the Zoning Board and deny the Special
Exception 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 decision of the Zoning Board to approve with conditions the Special Exception as
listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida
("Zoning Ordinance"), Article 4, Section 401, to allow a primary and secondary school, for the
properties located at approximately 1742 and 1744 Southwest 2nd Avenue, and two unassigned
addresses, having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745
Southwest 2nd Court, and two unassigned addresses, having Folio Numbers 01-4139-008-0080 and
01-4138-001-5550, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file
and subject to a time limitation of twelve (12) months in which a building permit must be obtained, is
City of Miami Page 1 of 2 File Id: 10-00044x (Version: 4) Printed On: 6/3/2010
File Number: 10-00044x
reversed, and the Special Exception denied.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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 File Id: 10-00044x (Version: 4) Printed On: 6/3/2010