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HomeMy WebLinkAboutLegislation BCity of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.ci.miamLfl.us File Number: 04-00388a Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMEN-T(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, FLORIDA, ARTICLE 9, SECTION 908.9, TO ALLOW A WATERFRONT YARD SETBACK OF 10'0" AVERAGE WHERE 20'0" AVERAGE IS REQUIRED, AND WITH A 10'0" MINIMUM WATERFRONT YARD SETBACK WHERE 15'0" MINIMUM IS REQUIRED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 500, 510 AND 520 NORTHEAST 29TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of April 26, 2004, Item No. 8, following an advertised public hearing, adopted Resolution No. ZB 2004-0862 by a vote of nine to zero (9-0), GRANTING the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 9, Section 908.9, to allow a waterfront yard setback of 10'0" average where 20'0" average is required, and with a 10'0" minimum waterfront yard setback where 15'0" minimum is 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 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 2004-0862, adopted April 26, 2004), thereby denying the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 9, Section 908.9, to allow a waterfront yard setback of 10'0" average where 20'0" average is required, and with a 10'0" minimum waterfront yard setback where 15'0" minimum is required, for the properties located at approximately 500, 510 and 520 Northeast 29th Street, Miami, Florida, more particularly described in "Exhibit A." City of Miami Page 1 of 2 Printed On: 6/8/2004 File Number.- 04-00388a Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS:] ALEJANDRO VILARELLO CITY 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: 6/8/2004