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HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01030ii Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY GRANT STERN, PETER EHRLICH, ROSI BARRIOS, SANDI MADGER, DAVID LE BATARD, YASMINE GARATE, AND ANTHONY DAVIDE, REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 12-0054, ISSUED BY THE PLANNING AND ZONING DEPARTMENT ON AUGUST 12, 2013, TO ALLOW NEW CONSTRUCTION ON THE PROPERTY LOCATED AT APPROXIMATELY 3055 NORTH MIAMI AVENUE, MIAMI, FLORI DA WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 2, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-049 by a vote of six to four (6-4), item no. 1, to DENY the Class II Special Permit Appeal; and WHEREAS, an appeal of the Planning, Zoning and Appeals Board decision was filed by Paul C. Savage, Esquire, on behalf of Grant Stern, Peter Ehrlich, Rosi Barrios, Sandi Madger, David Le Batard, Yasmine Garate, and Anthony Davide, Aggrieved Persons; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Planning, Zoning and Appeals Board, finds the Class II Special Permit does not meet the applicable requirements of Zoning Ordinance No. 11000 and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant the appeal, reverse the decision of the Planning, Zoning and Appeals Board and Planning and Zoning Director and deny the Class II Special Permit 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 Planning, Zoning and Appeals Board to deny the appeal of Class II Special Permit Application No. 12-0054, issued by the Planning and Zoning Director on August 12, 2013, to allow new construction on the property located at approximately 3055 North Miami Avenue, Miami, Florida, as legally described in attached "Exhibit A," is reversed and the Class II Special Permit is denied. The appeal is granted. 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: 13-01030ii (Version: 4) Printed On: 11/9/2013 File Number: 13-01030ii APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ 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 File Id: 13-01030ii (Version: 4) Printed On: 11/9/2013