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HomeMy WebLinkAboutLegislation BCity of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.ci.miamltius File Number: 04-00078 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,REQUIRED SIDE STREET YARD, TO ALLOW A SIDE STREET YARD SETBACK OF 10'0" (15'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 3689 LOQUAT AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of December 15, 2003, Item No, 2, following an advertised public hearing, adopted Resolution No. ZB 2003-0802 by a vote of eight to one (8?1), GRANTED the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a side street yard setback of 10'0" (15'0" required) 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 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 (Resolution No. ZB 2003?0802, adopted December 15, 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, required side street yard, to allow a side street yard setback of 10'0"(15'0" required) for the property located at approximately 3689 Loquat Avenue, 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} City of Miami Page 1 of 2 Printed On: 2/11/2004 File Number Q4-0Q078 APPROVED AS TO FORM AND CORRECTNESS: JANDRO VIIAR : LO ATTORNEY 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: 2/11/2004