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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01454x1
Final Action®Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY PAULA VITALE, REVERSING THE DECISION OF THE PLANNING, -- —
ZONING AND APPEALS BOARD, AND APPROVING AN EXCEPTION TO ALLOW A
PRE-SCHOOL IN A SUB -URBAN TRANSECT ZONE (T3-L), FOR THE PROPERTY
LOCATED AT APPROXIMATELY 537 NORTHEAST 70TH STREET, MIAMI,
FLORIDA.
WHEREAS, the Owner filed an application for an exception to allow a pre-school in a
sub -urban transect zone (T3-L), for the Property located at approximately 537 Northeast 70th Street,
Miami, Florida ("Application"); and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") denied the Application on July
16, 2014; and
WHEREAS, the Owner filed an appeal pursuant to Miami 21 Section 7.1.2.6(d); and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is competent
substantial evidence in the record to support approval of the Application; and
WHEREAS, the City Commission has considered the manner in which the proposed use will
operate given its specific location and proximity to the adjacent T-3L uses; and
WHEREAS, the City Commission has considered the requirements of Miami 21 and Article 4,
Table 12 Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the
stated grounds for the appeal and the facts presented in support thereof justify reversing the decision
of the PZAB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission
finds that the exception to allow a pre-school is compatible with the adjacent T-3L uses and complies
with the criteria for an exception set forth in Miami 21 Section 7.1.2.6 and Article 4, Table 12;
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 fully set forth in this Section.
Section 2. The City Commission approves the Application, reverses the decision of the PZAB
as set forth in Resolution PZAB-R-14-051 which denied the Application, and grants the appeal giving
City of Miami Page 1 of 2 File Id: 13-01454x1 (Version: 3) Printed Oii: 9/15/2014
File Number: 13-01454x1
rise to this hearing.
Section 3. This Resgliition shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VICitORIAVINDEZ
CITY ATTQRNEY
Footnotes:
e
{1 } If the Mayor does not sign `this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. 1f 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: 13-01454x1 (Version: 3) Printed On: 9/15/2014