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HomeMy WebLinkAboutLegislation AJ-03-894(a) 10/22/03 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(5), DENYING THE APPEAL, AFFIRMING 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, REQUIRED REAR YARD, TO ALLOW A REAR YARD SETBACK OF 5'0" (20'0" REQUIRED) FOR A TWO-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2136 NORTHWEST 18TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of September 22, 2003, Item No. 14, following an advertised public hearing, adopted Resolution No. ZB 2003-0750 by a vote of four to four (4-4), constituting a DENIAL of the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a rear yard setback of 5'0"(20'0" required) for a two-family residence as hereinafter set forth; 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 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 (Resolution No. ZB 2003-0750, adopted September 22, 2003), 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, to allow a rear yard setback of 5'0"(20'0" required) for a two-family residence for the property located at approximately 2136 Northwest 18th Street, Miami, Florida, legally described in attached "Exhibit A." Page 2 of 3 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayoral PASSED AND ADOPTED this day of , 2003. ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED ' TO %'M AND CORRECTNESS: 0 VILAR Y ATTORNEY W7590:smg:YMT 11 MANUEL A. DIAZ, MAYOR 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. Page 3 of 3