HomeMy WebLinkAboutR-13-0471City of Miami
Legislation
Resolution: R-13-0471
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01030ii Final Action Date: 11/21/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL BY GRANT STERN, PETER EHRLICH, ROSI BARRIOS,
SANDI MADGER, DAVID LE BATARD, YASMINE GARATE, AND ANTHONY
DAVIDE, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS
BOARD, THEREBY APPROVING 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, FLORIDA.
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; 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
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 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 affirmed, and the Class II Special Permit
is approved.
Section 3. The findings of fact set forth below are made with respect to the subject property:
a. The proposed project will be beneficial to the surrounding area by providing new retail and
service facilities while creating jobs for the area
b. The proposed project, as presented reflects revisions and refinements made based on
City of Miami
Page 1 of 2 File Id: 13-01030ii (Version: 3) Printed On: 9/20/2017
File Number: 13-0103011 Enactment Number: R-13-0471
comments from reviewing Departments and the Urban Development Review Board, and is
appropriate in scale and size pursuant to Section 1305 and the Midtown Overlay District 6.27.2
Midtown Miami West.
c. The proposed project is in compliance with the Miami Comprehensive Neighborhood Plan in
that it promotes good urban infill and is consistent with the Buena Vista East Regional Activity
Center (RAC), designation as applied to this property.
d. This application has been reviewed pursuant to Section 1305 of Zoning Ordinance No. 11000
and the Miami 21 Code, Appendix C: Midtown Overlay District 6.27.2 Midtown Miami West and
found to be sufficient.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
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: 3) Printed On: 9/20/2017