HomeMy WebLinkAboutCC Legislatioin (Version 4)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00800x
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,
ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS
INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY,
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 October 19, 2009, following an advertised
public hearing, adopted Resolution No. ZB-R-09-0061 by a vote of nine to zero (9-0), item no. Z.1, to
GRANT the Special Exception as set forth; and
WHEREAS, pursuant to Section 1800 of the Zoning Ordinance No.11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, an appeal to the City Commission has been taken by Bruce G.
Hernelee, Esquire, on the grounds stated in the appeal letter of November 2, 2009; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, provides for the City Commission to review by hearing de novo the Zoning Board
decision as to 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 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 reverse the
recommendation 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 grant the Special Exception as listed in Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 924.11, to allow
extensions of docks and piers into waterways extending more than 35 feet in length, for the property
located at approximately 3300 South Moorings Way, 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 is denied.
City of Miami Page 1 of 2 Printed On: 12/2/2009
File Number: 09-00800x
Section 3. The findings of fact set forth below are made with respect to the subject property:
Section 4. 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 Printed On: 12/2/2009