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Resolution
File Number: 15-00903xa
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE APPEAL
FILED BY PAUL SAVAGE, ESQUIRE, ON BEHALF OF BASIL BINNS, II AND
WENDY STEPHAN, REJECTING THE DECISION OF THE PLANNING, ZONING
AND APPEALS BOARD, AND DENYING AN EXCEPTION TO ALLOW A
COMMUNITY FACILITY (CIVIC USE) WITHIN A Cl TRANSECT ZONE, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST
STREET AND 50, 58 AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA,
WHICH ENCOMPASSES THE FOLLOWING WAIVERS: 1) TO ALLOW A 10%
INCREASE IN THE HEIGHT OF THE FENCE TOTALING 67" IN HEIGHT ALONG
THE PROPERTY'S NORTH PROPERTY LINE; 2) TO ALLOW ADJUSTMENTS TO
BUILDING DISPOSITION REQUIREMENTS FOR A LOT OF 28,081 SQUARE FEET
WHERE MAXIMUM ALLOWABLE LOT AREA IS 20,000 SQUARE FEET; AND 3) TO
MATCH THE DOMINANT SETBACK ALONG THE PRINCIPAL FRONTAGE ON
NORTHEAST 41ST STREET.
WHEREAS, Tony Recio, Esquire, on behalf of the Institute of Contemporary Art, Miami, Inc., filed
an application for an exception to allow a community facility within a Cl Transect Zone for the property
located at approximately 53 and 61 Northeast 41 Street and 50, 58 and 68 Northeast 42 Street, Miami,
Florida, which encompasses the following waivers: 1) to allow a 10% increase in the height of the
fence totaling 67" in height along the property's North property line; 2) to allow adjustments to building
disposition requirements for a lot of 28,081 square feet; and 3) to match the dominant setback along
the principal frontage on Northeast 41st Street of the block and its context to allow a community facility
(Civic Use) within a Cl Transect Zone, for the property located approximately 53 and 61 Northeast 41st
Street and 50, 58 and 68 Northeast 42nd Street, Miami, Florida ("Application"); and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, approved
the Application, with conditions, on September 2, 2015, by a vote of seven to two (7-2); and
WHEREAS, Paul Savage, Esquire, on behalf of Basil Binns, it and Wendy Stephan ("Appellants"),
filed an appeal, pursuant to Section 7.1.2.6(d) of the Miami 21 Code, the Zoning Ordinance of the City
of Miami ("Miami 21 Code"), on September 17, 2015; and
-- --- WHEREAS; based on the testimony and evidence presented, and 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 denial 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 uses; and
WHEREAS, the City Commission has considered the requirements of the Miami 21 Code and
Article 4, Table 12, Design Review Criteria; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated
Cite gf 1111and Page I of 2 File Id: 15-00903xa niersion: 2) Printed On: 10/912015
File Number: 15-00903xa
grounds for the appeal and the facts presented in support thereof justify rejecting 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 and the companion waivers to allow a community facility within a Cl Transect Zone
are not compatible with the adjacent uses, and do not comply with the criteria for an exception set
forth in the Miami 21 Code, Section 3.6.1(e), Section 7.1.2.6, and Article 4, Table 12, Design Review
Criteria;
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 denies the Application, rejects the decision of the PZAB as set
forth in Resolution PZAB-R-15-052, which approved the Application, and grants the appeal giving rise
to this hearing.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
{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.
00, of Miami Page 2 of 2 File Id: 15-00903xa (Version 2) Printed Orr: 10/9/2015