Resolution 94-21092 RESOLUTION NO. 94-21092
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, SETTING A DATE AND TIME TO HEAR
AN APPEAL OF A DECISION OF THE PLANNING
BOARD DENYING A REQUEST OF MIAMI HEART
INSTITUTE FOR A CONDITIONAL USE PERMIT
FOR CONSTRUCTION OF ,A PARKING LOT AND
CONVERSION OF TWO APARTMENT BUILDINGS
INTO HOSPITAL ADMINISTRATIVE OFFICES AT
935 THROUGH 995 48TH STREET AND 4801
- ALTON ROAD. -
WHEREAS, an application was submitted to the Planning, Design
and Historic Preservation Services Division by Miami Heart
Institute requesting a Conditional Use Permit for construction of
a parking lot and conversion of two apartment buildings into
hospital administrative offices at 935 through 995 48th Street and
4801 Alton Road; and
WHEREAS, on February 22, 1994 a public hearing on the request
was held by the City' s Planning Board, after which the Board voted
6-0 to deny the requested Conditional Use Permit; and
WHEREAS, the applicant has appealed the Planning Board' s
decision to the City Commission pursuant to Section 17-4G of the
City' s Zoning Ordinance; and
WHEREAS, pursuant to Section 17-4G, the City Commission must
now consider the applicant' s appeal .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City
Commission will consider an appeal of a decision of the City' s
Planning Board denying Miami Heart Institute' s request for a
Conditional Use Permit for construction of a parking lot and
conversion of two apartment buildings into hospital administrative
offices at 935 through 995 48th Street and 4801 Alton Road, in
their chambers on the Third Floor of City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on April 20, 1994 beginning at
4:30 pc m.
PASSED and ADOPTED this 16t ' day of March I , 994 .
ATTEST: ,
T ,.WR
CITY CLERK
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FORM APPROVED
LEGAL DEPT .
ey
Date 5'
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE- MIAMI REACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. c0(,,-9 T
TO: Mayor Seymour Gelber and DATE: March 16, 1994
Members of the City Commission
FROM: Roger M. Cant
City Manager
SUBJECT: APPEAL OF DECISION OF PLANNING BOARD DENYING REQUEST BY
MIAMI BEACH HEALTH CARE LIMITED(MIAMI HEART INSTITUTE)FOR
CONDITIONAL USE APPROVAL TO CREATE AN AT-GRADE PARKING
LOT AND ADMINISTRATIVE OFFICES IN TWO BUILDINGS AT 935
THROUGH 995 48TH STREET AND 4801 ALTON ROAD - SETTING OF
PUBLIC HEARING
•
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing on April 20,
1994 to consider the appeal by Health Care Limited (Miami Heart Institute) of a decision by
the Planning Board to deny a Conditional Use request made by Miami Beach Health Care
Limited.
BACKGROUND
The appellant, Miami Beach Health Care, came before the Miami Beach Planning Board on
February 22, 1994 requesting Conditional Use approval to develop an at-grade parking lot and
convert two existing residential apartment buildings into administrative offices at 935 through
995 48th Street and 4801 Alton Road (Lots 1-7, inclusive, Block 10, Nautilus addition, Miami
Beach Bayshore Co. Subdivision, Plat Book 8, Page 130, Dade County, Florida). The Planning
Board, by a vote of 6-0 (one recussal due to conflict of interest), denied the Conditional Use
request. On March 4, 1994, an appeal was filed with the Planning and Zoning Director on
behalf of the applicant by Becker & Poliakoff, P.A.
ANALYSIS
Subsection 17-4 (G) of Zoning Ordinance 89-2665, allows for the appeal of Conditional Use
decisions made by the Planning Board. The applicant, the City Manager or an owner of
property within 375 feet of a site considered for Conditional Use have standing to file such an
appeal as long as it is done in writing and within 15 days from the date of the Planning Board
decision. The appeal must be placed on the City Commission agenda within 45 days of receipt
of the appeal.
CONCLUSION
The Administration has concluded that the City Commission should proceed to set a public
hearing date and time certain for this appeal. •
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AGENDA R
ITEM
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