RESOLUTION 84-17614 RESOLUTION NO. 84-17614
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 VOTING MEMBERS FROM FIVE (5) TO
SEVEN (7) ; PROVIDING THAT TWO MEMBERS SHALL
BE ACTIVE OR RETIRED GENERAL BUSINESSMEN AND
FIVE MEMBERS SHALL BE ACTIVE OR RETIRED
PROFESSIONALS , REQUIRING FIVE VOTES 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, AND REPEALING RESOLUTIONS NUMBERS 83-
17576, 83-17602, AND 84-17610 .
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
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 ex4st4ng Bearer of Adiustment; eens st4ng
ef f4ve members he and the same s hereby
abet.ished: A new Bearer eens.ist.ing ef seven
members: and to 15e des4gnated as the Bearer ef
Adjustment s hereby efeated- Sai.d new Beare
ef Adjustment shall eens4st ef seven members
as fe]Iewsi The Board of Adjustment shall have
nine members and shall consist of the
following:
The City' s Planning and Ben.ing 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 f4ve
seven members shall consist of the following:
two of the members shall be active or retired
general businessmen. One Five of the members
shall be appe4nkee Prem 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 bas.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
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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 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 feat/ffths five votes 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-
-2- •
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
23-70 ; H.R. Election 3-8-77; H.R. Election 11-
1-77 . )
1-
1-77 . )
SECTION 2.
Resolution No. 83-17576, passed and adopted on December 7, 1983 be
and the same is hereby repealed.
SECTION 3 .
REsolution No. 83-17602 passed and adopted on December 21, 1983 be
and the same is hereby repealed.
SECTION 4 .
Resolution No. 84-17610 passed and adopted on January 4 , 1984 be
and the same is hereby repealed.
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
the City of Miami Beach is approved for submission to the
electorate at the Special Election to be held on March 13, 1984;
and that Resolutions Numbers 83-17576 passed and adopted December
7 , 1983, Resolution Number 83-17602, passed and adopted on
December 21, 1983 , and Resolution No. 84-17610 passed and adopted
on January 4 , 1984 , be and the same are hereby repealed.
PASSED and ADOPTED this 13th day of January, 1984.
MAY R
Attest:
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CITY CLERK
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FORAd Apn
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LEGAL
BY-
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Date
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Date
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
RESOLUTION 84=17614
(Setting forth amended wording of
proposed Charter amendment relating
to increasing number of members of
Board of Adjustment , to be submitted
to voters 3/14/84 ; repealing
Res . 83-17576 adopted 12/7 /83 ;
Res . 83-17602 adopted 12/21/83 , and
Res . 83-17610 adopted 1/4/84)