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HomeMy WebLinkAboutCC Legislation (Version 4)A108 cif City of Miami I. is asaixa�, Legislation Resolution File Number: 10-00493v City Nall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Fate: A RESOLUTION OF THE MIAMI CITY COMMISSION ,WITH ATTACHMENT(S), 'DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING AVARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A REDUCTION OF THE REQUIRED REAR SETBACKS OF A DETACHED UNIT OF A TWO-FAMILY RESIDENTIAL BUILDING, TO ALLOW A REAR SETBACK OF 4'11" (10'0" REQUIRED, REQUEST TO WAIVE 5'1 "), FOR THE PROPERTY LOCATED AT APPROXIMATELY 430 NORTHWEST 32ND PLACE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board, at its meeting on May 10, 2010, following an advertised public hearing, adopted Resolution No. ZB-10-033 by a vote of five to zero (5-0), item no. Z.13, to GRANT the front setback of 19'6" (20'0" required, request to waive 0'6"); and an increase of maximum allowed footprint, proposed 4,134 square feet (42.40% of GLA), allowed 3,900 square feet (40% of GLA), request to waive 234 square feet (2.4% GLA); and DENIED a reduction of the required rear setbacks of 4'11" (10'0" required, request to waive 61 "), as set forth; and WHEREAS, the applicant has appealed the decision of the Zoning Board as to the denial of the reduction of the rear yard setback; 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 not 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 denies the appeal, and affirms the decision of the Zoning Board, thereby denying the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, tc allow a reduction of the required rear setbacks of 4'11" (10'0" required, request to waive 5'1"), for the property located at approximately 430 Northwest 32nd Place, Miami, Florida, legally described in attached "Exhibit A," Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Cite of Miand Page I of 2 File Id. I0 -00493v (Version: 4) Printed On: 61712010 File Number: 10-00493v APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNEY Footnotes: f 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. 001 of Miami Page 2 of 2 File Id: 10-00443v 01'ersion: 4) Printed On: 6/7/2010