HomeMy WebLinkAboutR-14-0440City of Miami
Legislation
Resolution: R-14-0440
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01030iia Final Action Date: 11/20/2014
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 GRANTING 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 since the Project provides for five (5) berths and the Code of
the City of Miami, Florida as amended ("City Code), 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
Page 1 of 2 File Id: 13-01030iia (Version: 3) Printed On: 1/18/2018
File Number: 13-01030iia Enactment Number: R-14-0440
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 including evidence
admitted into the record at this hearing and including the decision of the Court in the above
referenced case, finds the application for the Class II Special Permit meets 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 PZAB and deny
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 affirmed, and the Class II Special Permit is approved.
Section 3. 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 (10) 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: 13-01030iia (Version: 3) Printed On: 1/18/2018