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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01030iia
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,
FLORIDA.
WHEREAS, the Planning Department approved a Class II Special Permit Application No.
12-0054 on August 12, 2013 ("Class II"); and
WHEREAS, Paul C. Savage, Esquire, on behalf of Grant Stern, Peter Ehrlich, Rosi Barrios,
Sandi Madger, David Le Batard, Yasmine Garate, and Anthony Davide, appealed the Class II to the
Miami Planning, Zoning and Appeals Board ("PZAB"); and
WHEREAS, PZAB, 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 Appeal
of the Class II; and
WHEREAS, an appeal of the PZAB 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, on November 21, 2013, the City Commission voted 3-0 to DENY the appeal of the
PZAB decision, and adopted Resolution No. 13-0471; and
WHEREAS, the City Commission's decision was appealed to the Circuit Court ("Court") of the
Eleventh Judicial Circuit, in and for Miami -Dade County, Florida, Case No: 14-004 AP; and
WHEREAS, on October 15, 2014, the Court issued an opinion quashing the City Commission's
decision as set forth in Resolution No. 13-0471, and remanded the matter back to the City
Commission for proceedings consistent with the Court's opinion; and
WHEREAS, the Court found that sincPe the Project provides for five (5) berths and the Code of
the City of Miami, Florida ("City Code"), as amended, requires three (3) berths total, that the
Commission's Resolution finding that the Project complied with the requirements under the City Code
is a departure from the essential requirements of the law on that issue only; and
WHEREAS, in accordance with the Court's opinion, the City Commission considered the
City of Miami
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File Number: 13-01030iia
appeal of the Class II on November 20, 2014; and
WHEREAS, after considering competent substantial evidence and testimony presented in the
record and at the hearing on November 20, 2014; and
WHEREAS, the City Commission after careful consideration of this matter, finds the application
for 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 reverse the decision of the PZAB and grant the appeal of Class II 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 fully set forth in this Section.
Section 2. The decision of the PZAB to deny the appeal of the Class II, 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.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
f P[' OVED AS TO FORM AND CORRTNESS:
VIA"TORIA MIENDEZ
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
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