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RESOLUTION 83-17576 RESOLUTION NO. 83-17576 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA PROPOSING AN AMENDMENT TO THE MIAMI BEACH CHARTER PROVIDING FOR AN INCREASE IN THE NUMBER OF ZONING BOARD OF ADJUSTMENT MEMBERS FROM SEVEN (7) TO NINE (9) ; PROVIDING THAT TWO MEMBERS SHALL BE ACTIVE OR RETIRED GENERAL BUSINESSMEN AND FIVE MEMBERS SHALL BE ACTIVE OR RETIRED PROFESSIONALS, REQUIRING A FIVE/SEVENTHS VOTE FOR BOARD ACTION, TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL ELECTION TO BE HELD ON MARCH 13 , 1984 AT THE TIME OF THE PRESIDENT'S PREFERENCE PRIMARY. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: WHEREAS, a Special Election of the City of Miami Beach will be held on March 13 , 1984 at the time of the President' s Preference Primary; and WHEREAS, the following proposed charter amendment pertaining to section 34 of the Related Laws of the Miami Beach City Code will be submitted to the electorate at the March 13 , 1984 Special Election: The ex.ist ng Beard ef Adjustment eens4st nq of five members be and the same 4s hereby abet shed- A new Bearer eens4st ng ef seven members; and to be ekes.ignateel as the Bearer ef Adiustment -is hereby ereated- Sai.d new Beare ef Adjustment shall eels.ist ef seven members as fellewsi The Board of Adjustment shall have nine members and shall consist of the following: The City' s Planning and Zea.isg Director and Public Works Director shall be ex officio members without the right of vote, and whose presence shall not be counted for the determination of a quorum. The remaining five seven members shall consist of 'the following : two of the members shall be active or retired general businessmen. ene Five of the members shall be appe4ntee ftem ene active or retired members of the following professions or callings: Law, architecture, engineering, real estate development, certified public accounting, financial consultation, or landscape architecture; and general bus.iness- providing that not more than two members shall be from any one profession. The members representing the professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the members representing general business shall be of responsible standing in the community and each member shall be bound by the requirements of the Conflict of Interest Ordinance of the City and shall be subject to removal from office for the violation of terms thereof . No member shall have any financial or other interest in any matter coming before the Board. Members shall be appointed for a term of one year by a five/sevenths vote of the City Commission. Members of the Board of • OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 Adjustment must be either residents or have their principal place of business in Miami Beach; provided, however , that this amendment shall not affect the term of existing members of the Board of Adjustment. Such Board of Adjustment shall hear and decide appeals from, and review, any order , requirements, decision or determination made by an administrative official charged with the enforcement of the Zoning Ordinance of the City of Miami Beach. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of said Zoning Ordinance, the Board of Adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures or to the use of land, so that the spirit of Zoning Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In no case shall the Board have any power to amend the Zoning Ordinance with reference to the use of land, or jurisdiction over any request for variance which shall constitute an amendment to the Zoning Ordinance as to the use of land. The Board shall fix a reasonable time for the hearing of any matter before it and shall give due notice thereof to the parties. Upon the hearing, any person may appear in person or by agent or by attorney. The Board may require that all testimony given before it shall be under oath. Any order or decision of the Board of Adjustment shall require an affirmative feuf/ffths five/sevenths vote of the Board. The decision of the Board of Adjustment shall be final and there shall be no review thereof except by resort to a court of competent jurisdiction by petition for writ of certiorari . All variance requests shall be first submitted to the City Attorney for a determination whether the requested variance is properly such, and does not constitute a change or amendment to the Zoning Ordinance. The jurisdiction of the Board of Adjustment shall not attach unless and until the Board has before it a written certificate of the City Attorney that the subject matter of the request is properly before the Board. The separate written recommendations of the Planning Director and of the Public Works Director shall be before the Board prior to its consideration of any matter before it. (C.9837, §7 , SP. ACTS 1923; H.R. Election 5- 29-62; H.R. Election 11-5-68 ; H.R. Election 4- 23-70; H.R. Election 3-8-77; H.R. Election 11- 1-77. ) 1- 1-77. ) NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the proposed charter amendment pertaining to section 34 of the Related Laws of OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139 the City of Miami Beach is approved for submission to the electorate at the Special Election to be held on March 13 , 1984 . PASSED and ADOPTED this 7th day of December , 1983. .ra MA OR Attest: 4.1444._./_ 111_FtIct:74) CITY CLERK (As revised prior to passage December 7, 1983) JK/jhd 12123D FORM pppROVED LFG."L I.,( A4, JI OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 ORIGINAL RESOLUTION NO. 83-17576 (Proposing an amendment to the Miami Beach Charter providing for an increase in the number of Zoning Board of Adjustment Members from seven (7) to nine (9); providing that two members shall be active or retired general businessmen and five memvers shall be active or retired professionals, re- quiring a five/sevenths vote for board action, to be submitted to the Electorate at a Special Election to be held on March 13, 1984 at the time of the President's Preference Primary)