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HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02074x1 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD AND THEREBY DENYING AN EXCEPTION AS LISTED IN ARTICLE 4, SECTION 4-7(B) AND 4-11(G) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A PACKAGE LIQUOR STORE CLOSER THAN 500 FEET OF ANOTHER PACKAGE LIQUOR STORE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 250 AND 296 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 16, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-053 by a vote of three to four (3-4), item no. 4, approving with conditions, which failed to pass constituting a DENIAL as set forth; and WHEREAS, the applicant has appealed the decision of the PZAB; and WHEREAS, the City Commission, after careful consideration of this matter, and withstanding the decision of the PZAB, finds the application for Exception does not meet the applicable requirements of Ordinance No. 13114, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the PZAB and deny the 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 PZAB to deny the Exception as listed in Article 4, Section 4-7(b) and 4-11(g) of the Code of the City of Miami, Florida, as amended, to allow a package liquor store closer than 500 feet of another package liquor store, for the property located at approximately 250 and 296 Southwest 7th Street, Miami, Florida, legally described in attached "Exhibit A," is affirmed, and the Exception is denied. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 1 of 2 File Id: 06-02074x1 (Version: 3) Printed On: 11/5/2013 File Number: 06-02074x 1 APPROVED AS TO FORM AND CORRECTNESS: VIC RIA MENDEZ CIT 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: 06-02074x1 (Version: 3) Printed On: 11/5/2013