HomeMy WebLinkAboutR-13-0013City of Miami
Legislation
Resolution: R-13-0013
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01208a Final Action Date: 1/10/2013
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, IN ACCORDANCE
WITH THE OPINION OF THE THIRD DISTRICT COURT OF APPEAL, THEREBY
APPROVING 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."
WHEREAS, the Miami Zoning Board at its meeting on October 4, 2004, Item No. 5, adopted
Resolution No. ZB 2004-0928 by a vote of eight to zero (8-0), to DENY the appeal of the decision to
grant the Class II Special Permit Application No. 2003-0309 by the Planning and Zoning Director on
July 21, 2004, and
WHEREAS, an appeal of the Zoning Board decision was filed by the Morningside Civic
Association, Inc., and Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz; and
WHEREAS, 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; and
WHEREAS, the City Commission after careful consideration of this matter, finds the application
for Class II Special Permit does 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 affirm the decision of the Zoning Board and the Planning and Zoning Director
and deny the appeal of Class II Special Permit 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 City Commission denies the appeal and affirms the decision of the Miami Zoning
Board, ZB 2004-0928, adopted October 4, 2004, in accordance with the opinion of the Third District
Court of Appeal, thereby granting, the Class II Special Permit Application No. 03-0309 issued by the
Planning and Zoning Director 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."
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: 04-01208a (Version: 1) Printed On: 8/21/2017
File Number: 04-01208a Enactment Number: R-13-0013
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: 04-01208a (Version: 1) Printed On: 8/21/2017