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City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci,miami.fLus
File Number: 04-00566 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
ALLOW A SIDE YARD SETBACK OF 6.5', WHERE 15'0" IS REQUIRED, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3145 DAY AVENUE, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting of April 26, 2004, Item No. 9, following an
advertised public hearing, adopted Resolution No. ZB 2004-0859 by a vote of five to three (5-3),
DENYING the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401, to allow a side yard setback of 6.5' for the property located at
approximately 3145 Day Avenue, Miami, Florida, 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 reversal of 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 2004-0859, adopted April 26, 2004), thereby approving the variance from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4,
Section 401, Schedule of District Regulations, to allow a side yard setback of 6.5', where 15'0" is
required, for the property located at approximately 3145 Day Avenue, Miami, Florida, more particularly
described in "Exhibit A."
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. (1}
City of ;Lira
Page I of 2 Printed On: 6/4/2004
File Number.' 04-00566
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: 674/2004