HomeMy WebLinkAboutCC 12-13-12 Fact SheetPZ.15
File ID: 04-01208a
Title:
CITY COMMISSION
FACT SHEET
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND
ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING
THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH
CONDITIONS THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED
ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
Location: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2]
Appellant(s):
Applicant(s):
Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association,
Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners
100 SE 2 Street, #3800
Miami, FL 33131
(305) 374-4400
Susan E. Trench, Esquire, on behalf of Chetbro, Inc.
One Biscayne Tower #3700
Two South Biscayne Boulevard
Miami, FL 33131
(305) 374-3250
Zoning: "O" Office with an "SD-9" Biscayne Boulevard North Overlay District
Purpose: The approval of this appeal will not allow the new construction of a mixed -use structure.
Planning and Zoning
Department
Recommendation: Recommended denial of the appeal and uphold the director's decision.
Analysis: See supporting documentation.
Zoning Board: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0.
History: 1) On November 18, 2004, the City Commission granted the appeal.
2) On December 9, 2004, the City Commission reconsidered the item.
3) On September 22, 2005, the City Commission granted the appeal.
4) On July 9, 2007, the Zoning Board adopted the stipulation that the appellant and
appellee agree that the decision of the Zoning Board is waived and that the permit be
heard by the City Commission in accordance with the amended opinion of the Circuit
Court Appellate Division dated July 14, 2006.
5) On October 7, 2009, the Third District Court of Appeal ordered that the City
Commission limit its review to the record of the Zoning Board.
6) On February 28, 2008, the City Commission denied the appeal.
7) On May 27, 2010, the City Commission denied the appeal.
8) As a conclusion to the various appeals to the Circuit Court and District Court of
Appeal, a mandate was issued directing the City Commission to comply with the April 25,
2012 Order of the Court.
City Commission: Continued on November 15, 2012.