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HomeMy WebLinkAboutR-95-0590TR'ff , WS�S�i�y7 pp l J-95-589(b) 06/21 /95 95 - 590 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, TO ALLOW A NORTH SIDE YARD SETBACK OF 2.93' (10'-0" MINIMUM REQUIRED) FOR AN EXISTING ,ADDITION OF A FLORIDA ROOM TO THE FRONT RESIDENCE, TO ALLOW A SOUTH SIDE YARD SETBACK OF 1.65' - 1.78' (10' - 0 " MINIMUM REQUIRED) FOR AN EXISTING TWO BEDROOM UNIT AND TO WAIVE THREE (3) OF FOUR (4) PARKING SPACES REQUIRED FOR THE PROPERTY LOCATED AT 2701 NORTHWEST 24TH COURT, MIAMI, FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN WHICH TO OBTAIN A BUILDING PERMIT. WHEREAS, the Miami Zoning Board at its meeting of June 5, 1995, Item No. 5, duly adopted Resolution ZB 63-95 by a nine to zero (9-0) vote, denying the variance, as hereinafter set forth; and WHEREAS, an appeal has been taken to the City Commission by the applicant from the denial of the variance; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that there are peculiar circumstances affecting this parcel of land and that practical difficulties and unnecessary hardships exist which would impair the owner's right to My CommsSION ) MEETING OF I J U L�io� 1995 9R o go N ^ reasonable use of the property without the grant of variance 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, R-3 Multifamily Medium -Density Residential, Intensity, to allow a north side yard setback of 2.93' (10'-0" minimum required) for an existing addition of a Florida room to the front residence, to allow a south side yard setback of 1.651- 1.781 (10'-011 minimum required) for an existing two bedroom unit and to waive thrfie (3) of four (4) parking spaces required for the property located at 2701 Northwest 24th Court, Miami, Florida, and legally described as Lot 28, MALVERNDALE SUBDIVISION, as recorded in Plat Book 11 at Page 4, of the Public Records of Dade County, Florida; zoned R-3 Multifamily Medium - Density Residential, is hereby granted, subject to a time limitation of twelve months in which to obtain a building permit. become effective PASSED AND ADOPTED this 13th day of July 1995. STE N P. CLAR , MAYOR ATTEST: WALTER FOEMAN CITY CLERK PREPARED AND APPROVED BY: A) G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS,- v A Qj J NE , ITU CITY ATTO 7.DOCC amk/GMM/W18 - 3 - �5- 590 PZ=3ZONING FACT SHEET LOCATION/LEGAL 2701 N.W. 24th Court. (Complete legal description with the Hearing Boards Divisiort). APPLICANT/OWNER Carlos Lopez for Caribe Insurance 140 N.W. 57th Avenue Miami, FL 33126 264-7000 ZONING :R-3 Multifamily MediumL-Density Residential. REQUEST Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401 Schedule of District Regulations, R-3 Multifamily Medium -Density Residential,.to allow a north side yard setback of 2.93' (10.0' minimum required) for an existing addition of -a -Florida room to the front residence, to allow a south side yard setback of 1.65'-1.78' (10.0' minimum required) for an existing two bedroom unit and to waive three (3) of the four (4) parking spaces required; zoned R-3 Multifamily Medium -Density Residential. RECOMMENDATIONS: PLANNING, BLDG & ZONING Denial. PUBLIC WORKS No comments. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: Warning letterd issued 6/20/95. Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines -To Date: N/A CEB Action: N/A HISTORY ANALYSIS The Planning, Building and Zoning Department is recommending denial of the requested side setback and parking variances for an existing residential structure based on the following findings: 1) the subject property while not of standard configuration, has a sufficient enough size to accommodate reasonable use if desgned well; there is therefore no hardship to justify the requested variances, particularly because of the fact that reasonable use of the property was being obtained prior to the subject additions which were built without building permits and resulted in the need for these variances; 2) the variances, if granted, would have a detrimental effect on the surrou ding area in two ways; first of all by resulting in a property which is built up almost completely from side to side, and secondly, the requested parking variance would allow excess cars pertaining to the residents of the subject property to spillover into the streets of the adjoining residential area. ZONING BOARD Denied. (Res. No. 63-95) APPELLANT Carlos Lopez. CITY COMMISSION N/A. 05- 590 APPLICATION NUMBER 95- 389 Page 1 June 5, 1995 r` ANALYSIS OF PROPOSED VARIANCE , APPLICATION NUMBER 95- 389 Yes No N/A X Special conditions and circumstances exist which are peculiar t the land, 'structure, or building involved and which are not applicable to other lands, structures, or buildings ii the same zoning district. X The special conditions and circumstances are a direct result from the actions of the petitioner. X Literal interpretation of the provisions of Zoning Ordinance 11000 deprives the applicant of rights commonly enjoyed by _ other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. ` X Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. X The variance, if granted, is the minimum variance that makes possible t e reasonable use of the land, building, or - structure. X The grant o this variance is in harmony with the general intent and purpose of this zoning ordinance and is not — injurious to the neighborhood, or otherwise detrimental to the public welfare. June 5, 1995 Item# 5 Page 2 05/30/95 �CJ" 5�0 1 GIRIBE INSURANCE AGENCY 140 N.W. 57th Ave • •`;1:ami, ;�, 33126 • (305) 264.7000;264.8265 Miami, June 13,,1995 City of Miami Building & Zoning Hearing Board Division Att: Teresita Ref: Residence located at: 2701 N.W. 24 Ct. Miami, F1 Application Number: 95-389 Dear Sirs: I Carlos Lopez, President of Caribe Insurance, and on its behalf, am hereby appealing the decission of the City of Miami Zoning Board, related to the property before mentioned. The reason for our action is based upon the fact that the violating setback of the rear property, should be Grandfathered-in, since the original garage, which was converted into the existing unit, had -the existing side setback. The parking problem is one with a burden on us, since the width and shape of lot does not allow other solution, but to back -out into the street like everybody else in the neighborhood. The enclosing of a small porch at the back of the front structure, we feel should be Grandfathered-in, since it was always part of the approved structure, with its violating setback which was common location of structure on those lots at the time. That was done to allow space for the driveway to reach to the garage located at the back, which is not either within the setback now required. In good faith, Caribe Insurance has tried to legalize all these viola- tions and has found to be suffering a hardship. Furthermore, Car .ibe Insurance bought the property without the knowledg( of all, existing problems, and we find ourselves penalized without grounds.' 3 95- 590 Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption RESOLUTION ZB 63-95 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, THE ZONING BOARD DENIED THE VARIANCES FROM ORDINANCE NO. 11000, AS.AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MUILTIFAMILY MEDIUM -DENSITY RESIDENTIAL, INTENSITY, TO ALLOW A NORTH _ SIDE YARD SETBACK OF 2.93' (10'-0" MINIMUM REQUIRED) FOR AN EXISTING ADDITION OF A FLORIDA ROOM TO THE FRONT RESIDENCE, TO ALLOW A SOUTH SIDE YARD SETBACK OF 1.65'-1.78' (10--0" MINIMUM REQUIRED) FOR AN EXISTING TWO BEDROOM UNIT AND TO WAIVE THREE (3) OF FOUR (4) PARKING SPACES REQUIRED'FOR THE PROPERTY LOCATED AT 2701 N.W. 24TH COURT LEGALLY DESCRIBED AS LOT 28, MALVERNDALE SUBDIVISION (11-4) PUBLIC RECORDS OF DADE COUNTY; ZONED R-3 MULTIFAMILY ME IUM-DENSITY RESIDENTIAL. Upon being seconded by Mr. George E. Barket the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales. Messers.Moran-Ribeaux, Barket, Carman, C espo, Luaces & Hernandez NAYES: N ne. ABSENT: Mr. Arsenio Milian. Ms. Fernandez: Motion carries 9-0. June 5, 1995 Zoning Board Item# 5 95- 590 i7vd.I jwere) (were not) satisfied by relevant evidence in the record of the public Baring. a) as stated in the City's finds of fact, or b) as demonstrated by the petitioner, or c)on the basis of the following: The Zoning Board shall make findings that all of the re a e and standards of Section 1903.1 (have been) Ave not been demonstrtated. _ GHSGR ONE a) Special conditions and circumstances (exist)_tA O8 EACH not existl which are peculiir to —the land, STATMIENT structure or building involved and which are not applicable to other lands, structures, or _ buildings in the same zoning district. /1)as stated in the City's findings of fact _ 2) as demonstrated by the petitioner 3) as otherwise stated below: b) The special conditions and circumstances (do) (do not) result from the actions of the petitioners ` 21) as stated in the.City's findings of fact _ 2) as demonstrated by the petitioner 3) as otherwise stated below: c) Literal interpretation of the provisions of the zoning ordinance (would) (would not) deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and work unnecessary and undue hardships on the petitioner: V 1) as stated ih the City's findings of fact 2) as demonstrated by the petitioner _ 3) as otherwise stated below: 590 d) Granting the varir. a requested (will) (will not) convey the same treatment to the — owner as to the owner of other lands, buildings, /or structures in the same zoning district. V 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner ` 3) as otherwise stated below e) Granting the variance requested (will) (will not) convey the same treatment, any special privilege that is.denied by the zoning ordinance to other lands, buildings or structures in the same zoning district. f) If granted the variance (will be) will_aot be) in harmony with the general intent ur the zoning.ordinance, and will_ not be injurious to the neighborhood, or otherwise detrimental to the public welfare: _ 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner - 3) as otherwise stated below: ignatuz:e Date Item 5 .95- 590 M u9mmm � tm 11,1Wmmmm � 11F1111rN111111 WROMM IIYIWIYWYW�I ��omoo YIYYY -�ema1mome �u1 ��Aem �a�m amo, MEAN �r �0 � Op4 IN! 0 MV aoa0000: �sdommAoaa� No �0000aaoi E99G9R6�2r.. CT Lli'AO� r: •I lu naw f _ p KDAMV SM. TR.A iie•7 .ik`1 /.1" �/ -10mfu RUM �r . a■� cruel o .Orm gym dl� �., � ■ v _ M7 rrrso .. 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N• two r N Y N tl r N Y Y r � 1 •• y t I • t l ' •• 6 f i 1 •• f a r yI ir 95- B90 ,tWW", PETITION FOR-4AR4ANCE File Number A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions ,of the applitant, a literal enforcement of this ordinance would result in unnecessary and undue hardship.on the property., As used in this ordinance, a variance is authorized only for height, area, size of structure, dimensions -of yards and other open spaces and off-street parking or loading requi"- ents. (Section 19 1)Ar - I,C-4141-OS Wnl— , hereby petition the City of Miami Zoning Board for a variance from the terms of the "Zoning ordinances of the City of Miami," affecting property located at Tj 01 PW- 2+G7: CUATO , Miami as specified oelow. In support of this application, the following material is submitted: V 1. Two copies of a survey of the property prepared by a State of Florida Aegistered land Surveyor. 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building s acin . 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. 5. At least two photographs that show the entire property (land and improve ments). 6. other (Specify)' 7. Fee of $ to apply toward the cost of processing, based on the following: CS, PR, R-1, R-2, (single-family and duplex residential uses) ............. $ 200.00' Piers, docks, wharves and the like, for each variance froe the ordinance, per lineal foot ........... $ 30.00 Minimum ................................... $ 600.00 All other applications for each variance from the ordinance, per square foot of gross floor area of new building(s) or additions, based upon the definition of floor area (section 1901) .......0..... $ 0.07 Minimue................................... $ 550.00 95— 590 /3 Jwift; Application for variance as a result �'o a change in approved plans or as a result of a violation notice shall be charged an additional fee, per, variance CS, PR, R.I. R-21..............:.......... S 200.00 All other residential districts .......... f 350.00 All nonresidential districts ............. $ 450.00 Extension of time for variance ........... $ 400.00 Surcharge equal to applicable fee from items above, not to exceed si., hundred and fifty dollars ($650), except from agencies of the city; such surcharge to be refunded to the applicant if there is'no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) 8. The variance requested is for relief from the provisions of section" of the City of M1ami.Zoning Ordinance as follows: fu6H-( s<rC jPr100 0 0 d t CKIST. S_r1WCT0 n,6_ S I6 9. In support of the application, the applicant is prepared to offer the following' evidence, on the point enumerated at Subsection 1903.1 of the City of Miami Zoning Ordinance. Note.: This application cannot be accepted for Zoning Board. action unless all of the following six items are completed. (a) Special -conditions and circumstances exist which are- peculiar to the land, structure,or building involved and which ero not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) Sv/3 d�T ,uaw�Nrr `T�tQTrW 12e� duiO&L - a"V !AJ-4/106OW7t06) CF fie" �! OJT- IVA#1 �Ne�- �3�J14b/�✓(r- otwlNPAJC6' 95" 590 Ak 1110-MA, (b)-The sptial conditions and circumstances do not result from the actions of the petitioner in that: /;YUO)I, COP Wla- AtS76AO To (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships I on the petitioner in that: - Par ,AAle 60 LI-W LO AS AA) 7. V56 (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: Wis- OWE - tunRIIJ AA1 1PAOLAS'JOA1. (e) The variance, if granted, is the mini" variance that will make possible the reasonable use of the land, building, or structure in that I4-- PAV (f) The grant -of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or other - Nise detrimental.to the public velfai /:no �c�tTy 'U/U j3C JAI Al �vr si,�Ct 7 Xt7G�fli�r�XI- Oae/7 w�trGGY 51i)6;J45* 9ToIZl riO rl— 7AH14-yY As 7XeF Sun JezT Note: Alt documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with sap ieati Signati Nan Addres! 0 STATE OF FLORIDA) SS: COUNTY `OF'DADS ) C,Altz-, S A i3'v, being duly sworn, deposes and says that he is the (Owner)(Authorized Agent of Owner) of the real property described in answer to Question t1 above; that he has read the foregoing answers and that the same are t e an complete; and (if acting as agent for owner) that he has authority to ex to thi etition on behalf of the owner. fr SWORN TO AND SUBSC bef e'this O ay of 199.> - Not u ic, State of Florid6/at Las my CoeTanission Expires: - OFFICIAL NOTARY SEAL MARCIA GONZALEZ NOTARY PUBLIC STATE OF FLORIDA , COMMISSION NO. CC392387 MY COMMISSi M EW. AUG. 1,1998 95" .590 (f) The grM•-ef•the variance will be in harmony with the general -intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or other- Nise detrimental to the public welfare. 7U6r PXMTy w/"— I-X-- HAM101-ly S✓"r 'zfit' /V#7 400eL k� ! t 1Vn0W Mid?G y // xxo Notet A1.1 documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be subat with this applica on. Signature Owner or AWhoriztd Agent Name �_ s/�13E<L. GO 2- — �-ax- G'6&L?3Gr /NSA G@' Address _S�5"I Scy►/ [/tQa4 e- STATE OF FLORIDA) G.ai?A(. -6je� es �..33lf C SS: COUNTY OF DADE ) Lm8p= ��, being duly sworn, deposes and says that he is the (Ownner)(Authoriaed Agent of Owner) of the real property described in answer to question /1 above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority o execute this pet on behalf of the owner. SWORN TO AND SMrdav e me'� bof� 199 S My Commission Expires: MARCIA GONZYS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC392387 • MY roMMLSSlON FJ(P. AUG. I,194� (Name) Not , State of Florida Lang 95- 590 17 lµ i • AFFI'0AVIT STATE OF FLORjDA } } SS COUNTY OF DADS } Before me, the undersigned authority, this day personally appeared r `VYL_ �iti/N isysafh C� �t alit L , who being by me first duly sworn, upon oath, deposes and says: — -1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current news, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in con3unction with this affidavit are true and correct. Further Affiant sayeth not. (ate) (SEAL.) 'Sworn to and Subscribed before we thiVLAd 9So day of 19 Not tat Of F1oPi atq. L NOTARY SEAL CIA GONZALEZ M1► Consiission Ex hest NOTARY PUBLIC STATE OF FLORI'.: , p COMMISSION NO. CC39238- 1 r 9 0 2. That all owners which.he represents, if any, have given their full. And complete permission for his to act in their behalf for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a -part of this affidavit contain the current names, sailing addresses, phone numbers and legal descriptions for the the real property of which heAs the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are'true and correct. Further Affiant sayeth not. 9 (SEAL) Mame) Sworn to and Subscribed before me this �fday of� 19 Not , State of Flori at Larg o, c My commission Expires : MARCU GONZALfiZ (� {� 1 NOTARY PUBLIC grAIM ne ev .,�,... i a'7 � 590 `j ia'P-7 Owner's Name Mailing Address Telephone NuMer Legal Description: Any other real estate property owned individually, 'jointly, or severally (by corporation, partnership or privately) within 315 feet of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Street Address Legal Description 95-=590 4wip, 411304-1V 'DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: t4?r FfAj- V87WPAIZ Ar po 66- Tkoywf Ar- M4rexLLe'O IAJ 2.Owner(s) of subject real.property and percentage of ownership. Note: city of Miami Ordinance No. 9419 requires disclosure of all parties having,a financial interest, either direct or indirect, in the subject matter of a presentation,, request or petit ' ion to the City Commission. Accordingly, question #2 requires disclosure of shareholders.of corporations, beneficiaries of trusts,. and/or any other interested parties, together with their addresses and proportionate interest. CAV-0 A Is 60P6Z 41- /!&A 84rL- LWO r,-z- CIO/ (w 0,01u lu &J-5 amwj cc-• 10 0 5VI3 Ct er )94cy�w vi - 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 3�5 feet the subject real property. v/,4 . STATE OF FLORIDA SS: COUNTY OF DADS cAnd-C)s being duly sworn, deposes and says that he is the (Please.Print) (Owner) (Attorney for Owner) of the real property described in answer to,questio6 11 above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney forowner) that he has authority to execute.the disclosure of Ownership form 6n.behalf of the (SEAL) Signituri/of &or Attorney for Owner SWORN TO AND SUBSCRI before ", this 10A, day 02L , 19 f. �t"a(ry ublic, ate ofMorida/A Large MY COMMISSION EXPIRES: OFFICIAL NUMY SEAL —1 MARCIA GONZALEZ NOTARY PUBLIC STATE OF FLORIDA' COMMISSION NO. CC392387 MY COMMISSION EXP. AUG. 1, M',*, 95- 590 406. W 'DISCLOSURE OF OWNERSHIP 1. Legal description and street address -of subject real property: _ p — :,<) Or 7aflt3 P13uG �0 pp�L' Gr1vv / 'Lld3'1 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either director indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question /2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question '82, and (b) located within 375 feet of the subject real property. PIA ER OR ATTORNEY FOR WNER STATE OF FLORIDA } SS: COUNTY OF DADE } age- Iu�S✓lL�+,v�' 1 ISO-- being duly sworn, deposes and says that he is the (Please tint) (Owner) (Attornely for Owner) of the real property described in answer to question #1 above; that he has read the foregoing answers and that the same -are true and complete and (if acting as attorney Aor owner) that he has authority to execute the disclosure of Ownership form on beh of the owner. (SEAL) Signature of Owner or Attorney r Owler SWORN TO AND SUBSCRI 0 _ before me t is of day. m 19 V i No Public, State of Florid at LaiV MY COMMISSION EXPIRES: O CL4L OT RY, NOTARY PUBLMARCIC S q� �FF COMMISSION NO. C� FLORIDA MY COMMISSION EXP. AUG.1,]ggg 95- 590 J-95-589(a) 06/21/95 RESOLUTION NO. A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF.MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, TO ALLOW A NORTH SIDE YARD SETBACK, OF 2.93' (10'-0" MINIMUM REQUIRED) FOR AN EXISTING ADDITION OF A FLORIDA ROOM TO THE FRONT RESIDENCE, TO .ALLOW A SOUTH SIDE YARD SETBACK OF 1.65' - 1.78' (101 - 0 " MINIMUM REQUIRED) FOR AN EXISTING TWO BEDROW UNIT AND TO WAIVE THREE (3) OF FOUR (4) PARKING SPACES REQUIRED FOR THE PROPERTY LOCATED AT 2701 NORTHWEST 24TH COURT, MIAMI, FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL. WHEREAS, the Miami Zoning Board at its meeting of June 5, 1995, Item No. 5, duly adopted Resolution ZB 63-95 by a nine to zero (9-0) vote, denying the variance, as hereinafter set forth; and WHEREAS, an appeal has been taken to the City Commission by the applicant from the denial of the variance; and WHEREAS, the City,Commission after careful consideration of this matter, finds that there are no peculiar circumstances affecting this parcel of land and that there are no practical -difficulties nor unnecessary hardships; which would impair the a owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section'l.The recitals and findings contained in the Preamble to, this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. s Section 2 The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, R-3 Multifamily Medium -Density Residential, Intensity, to allow a north side yard setback of 2.93' (101-0" minimum required) for an existing addition of a Florida room to the front residence, to allow a south side yard setback of 1.651- 1.781 (10'-0" minimum required) for an existing two bedroom unit and to waive three (3) of four (4) parking spaces required for the property located at 2701 Northwest 24th Court, Miami, Florida, and legally described as Lot 28, MALVERNDALE SUBDIVISION, as recorded in Plat Book 11 at Page 4, of the Public Records of Dade County, Florida, zoned R-3 Multifamily Medium - Density Residential, is hereby denied. 224 _ 95 - 590 immediately upon its adoption. PASSED AND ADOPTED this day of 1995. STEPHEN P. CLARK, MAYOR ATTEST: WALTER FOEMAN CITY CLERK PREPARED AND APPROVE6 BY: G. NTRTA24 14AER- CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS;. - 3 - 590 0 ,q0.P A;