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HomeMy WebLinkAboutLegislation ACity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00077 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 936.1-7, TO ALLOW A DAYCARE OF 7,500 SQUARE FEET OR MORE GROSS LOT, WITH A MAXIMUM OF 51 CHILDREN IN THE R-1 RESIDENTIAL ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3675 NORTHWEST 11TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," 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 of December 15, 2003, Item No. 13, adopted Resolution No. ZB 2003-0804 by a vote of six to three (6-3), DENYING a Special Exception as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds the application for the Special Exception 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 reverse the decision of the Zoning Board and grant the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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 deny the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 936.1-7, to allow a daycare of 7,500 square feet or more gross lot, with a maximum of 51 children in the R-1 Residential Zoning District, for the property located at approximately 3675 Northwest llth Street, 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 reversed, and the Special Exception granted. City of Miami Page 1 of 2 Printed On: 2/11/2004 File Number: 04-00077 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} PASSED AND ADOPTED this day of APPROVED AS TO FORM AND CORRECTNESS: ANDRO VITA' LLO ATTORNEY Footnotes : , 2004. {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: 2/11/2004