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City of Miami
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Legislation
Miami FL 33133Le
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Resolution
File Number: 08-01083v
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S)
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING
BOARD, THEREBY GRANTING VARIANCES PURSUANT TO ARTICLE 19,
SECTION 1901, ET. SEQ., FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO
ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR REQUIRED
OFF-STREET PARKING SPACES, TO WAIVE 13 OF THE REQUIRED 16
PARKING SPACES (GRANDFATHERED 3, PROPOSED 0) (NEW RESTAURANT
USE); AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE
FOR OPEN SPACE, TO WAIVE 1,290 SQUARE FEET, PROPOSED 1,192
SQUARE FEET (2,482 SQUARE FEET MINIMUM REQUIRED), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2898 BISCAYNE BOULEVARD,
MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board, at its meeting on October 20, 2008, following an advertised
public hearing, item no. 10, made a motion -"M approve which failed by a vote of two to five (2-5),
constituting a denial of the Variances as set forth, and adopted Resolution No. ZB-08-083 to DENY the
Variance as set forth; and
WHEREAS, the applicant has appealed the decision of the Zoning Board; and
WHEREAS, the City Commission after careful consideration of this matter finds that the stated
grounds for the appeal and the facts presented in support thereof do justify reversing the decision of
the Zoning Board;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission grants the appeal, and reverses the decision of the Zoning Board,
thereby approving the Variances pursuant to Article 19, Section 1901, et. seq., from Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, C-1 Restricted Commercial, to allow a relaxation of the terms of the ordinance for
required off-street parking spaces, to waive 13 of the required 16 parking spaces (grandfathered 3,
proposed 0) (new restaurant use) and to allow a relaxation of the terms of the ordinance for open
space, to waive 1,290 square feet, proposed 1,192 square feet (2,482 square feet minimum required),
for the property located at approximately 2898 Biscayne Boulevard, Miami, Florida, legally described in
attached "Exhibit A."
City of Miami Page I of 2 Printed On: 3/25/2009
File Number: 08-01083v
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
f-- -'-�
JULIE 0. BRU
CITY ATTORNE
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 3/25/2009