HomeMy WebLinkAboutM-79-0075RESOLUTION NO:
A RESOLUTION OEANTINO VARIANCE'PROM ORDINANCE NO.
6871, ARTICLE IV, SECTION 19(2) AND ARTICLE V,
SECTION 3(3)(a), TO PERMIT COMPLETION OF CONSTRUCTION
OF A FAMILY ROOM ADDITION TO THE E tISTINO SINGLE
FAMILY RESIDENCE ON LOT 13, CITY LINE PARR (5-103),
BEING 2265 N,W, 5'TH STREET, AS PER PLAN ON PILE, WITH
A 13,5' REAR YARD (20' REQUIRED) AND 3,6' SEPARATION
FROM AN EXISTING UTILITY SHED (10' REQUIRED); ZONED
R-1 (ONE FAMILY) DISTRICT,
WHEREAS, the Miami Zoning Board as its meeting of October
16, 1978, Item No: 4, following an advertised hearing, adopted
Resolution No. ZB 174-78 by a 7 to 0 vote denying a variance, as
hereinafter set forth, and
WHEREAS, the applicant has taken an appeal to
Commission; and
WHEREAS, notwithstanding the recommendation of the
Zoning Board, the Commission, after careful consideration and due
deliberation of this matter finds that due to peculiar circumstances
affecting this parcel of land, practical difficulties and unnecessary
hardships would impair the owner's right to the reasonable use of the
property without the variance granted as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
(676
CITY OF MIAMI, FLORIDA:
Section 1. A variance from Ordinance No. 6871, Article IV,
Section 19(2) and Article V, Section 3(3)(a), to permit completion
of construction of a family room addition to the existing single
family residence on Lot 13; CITY LINE PARK (5-103), being 2265 N.W.
5th Street, as per plan on file, with a 13.5'
rear yard
(20' required)
and 3.6'separation'from an existing utility shed (10' required);
zoned R-1 (One Family) District, be, and the same is hereby granted.
PASSED AND ADOPTED this day of 1978,
CIT$ CLERK
PREPARED AND APPROVED BY
G MIRIAM
APPROVED As TO FORM AND CORRECT
MAYO• R.
"DOCW 1 D.E)
ITEM' r i
0104
TY AT
,
KNOX,
Soden
VARIANCES MAD, 6190)
INTENT
(1) A VARIANCE is a means of relief which is available only when some peculiar
circumstances at to SIZE, SHAPE, Of NATURAL PEAtURES of the patcel of land
(and sometimes Its LOCAtION) Is such that literal application of she provisions
of the Ordinance would impair the owner's tights so same reasonable use a the
property, A VARIANCE shall not be granted unless, in the first place, there ate
such peculiar circumstances.
GRANTING OF VARIANCE
(1) A variarite from the term of the Comprehensive Zoning Ordinance shall not be
gronted by the Zoning Board unless and until:
(a) WRITTEN PETITION. A written petition for a variance is submitted demon,
strating thot:
1. Special conditions and circumstances exist which are petuliar to the land,
structure, or building involved and which are not applicable to other
lands, structures, or buildings in the same zoning district;
2. The special conditions and circumstances do not result from the actions
of the applicant;
3. Literal interpretation of the provisions of these zoning regulations would
deprive the applicant of rights commonly enjoyed by other properties in
the same zoning district under the terms of these zoning regulations and
would work unnecessary and under hardship on the applicant;
4. Granting ` the variance requested will not confer on the applicant any
special privilege that is denied by these zoning regulations to other lands,
buildings, or structures in the some zoning district;
5. The variance, if granted, is the minimum variance that will make possible
the reasonable use of the land, building, or structure;
6. The grant of the variance will be in harmony with the general intent and
purpose of these zoning regulations, will not be injurious to the neighbor-
hood, or otherwise detrimental to the public welfare. Documents, reports,
studies, exhibits, or other written or graphic materials, if any, to be used
by petitioner in support of the petition and in demonstration of any or
all of the above requirements shall be submitted with the petition.
(b) NOTICE OF PUBLIC HEARING. Notice of public hearing shall be given as
set out in Section62-25 a thru d of the Miami City Code.
(c) PUBLIC HEARING. A public hearing will be held by the Zoning Board.
(d) FINDINGS. The Zoning Board shall make findings that the requirements of
Section 2 (1) (a) of this Article have or have not been demonstrated by the
applicant for variance.
CONDITIONS AND SAFEGUARDS
(1) In granting any variance, the Zoning Board may prescribe appropriate condi
tions and safeguards in conformity with the Comprehensive Zoning Ordinance.
Violation of such conditions and safeguards, when mode a part of the terms
under which the voriance is granted, shall be deemed grounds for revocation
of the variance or a violation of the Comprehensive Zoning Ordinance.
(2) Any variance granted shall expire six (6) months after the effective date of such
action, unless a building permit basedupon and; incorporating the variance is
obtained within the aforesaid six (6) months period, or unless the provisions of
the variance are adhered to within the aforesaid six (6) months period. However,
upon application, the City Manager may, after review and determination that
substantial progress has been achieved by the applicant in terms of project
planning, extend the expiration date of the variance for an additional period
of time not to exceed one (1) year, subject to approval of the City Commission,
Said extension request shall be filed with the City Manager thirty (30) days prior
to the expiration date of the initial six (6) months effective period of the variance.
(3) Whenever action has been taken to deny Petition for Variance on any property,
the Zoning Board shall not thereafter consider a Petition for the some type of
variance on all or any part of the same property for a period of one year from
the date of denial, (ORD. 8220)
118
ITV. 2-1,74