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Resolution
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3500 Pan American
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Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00953a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, W[TH 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, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
OFFSTREET PARKING REQUIREMENTS FOR BARS, ZONED "C-1"
RESTRICTED COMMERCIAL WITH AN "SD-23" CORAL WAY SPECIAL
OVERLAY DISTRICT, TO WAIVE TEN (10) OF THE REQUIRED FIFTEEN (15)
PARKING SPACES, FOUR (4) SPACES PROVIDED, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1252 SOUTHWEST 22ND STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." THIS VARIANCE
WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE
(12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT
TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING
DEPARTMENT: 1) IF THE STRUCTURE FOR WHICH THE VARIANCE IS
GRANTED TERMINATES FOR ANY REASON, INCLUDING AN ACT OF GOD,
THE VARIANCE SHALL TERMINATE, AND 2) RECORDATION OF THESE
CONDITIONS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting of July 26, 2004, Item No. 14, following an
advertised public hearing, adopted Resolution No. ZB 2004-0913 by a vote of five to four (5-4),
GRANTING the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Article 4, Section 401, to waive ten of the required fifteen parking spaces, 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, and
notwithstanding the recommendation of the Zoning Board, 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 2004-0913, adopted July 26, 2004, 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, Offstreet Parking Requirements for bars, zoned "C-1"
City of Miami
Page 1 of 2 Printed On: 8/23/2004
File Number: 04-00953a
Restricted Commercial with an "SD-23" Coral Way Special Overlay District, to waive ten (10) of
the required fifteen (15) parking spaces, four (4) spaces provided, for the property located at
approximately 1252 Southwest 22nd Street, Miami, Florida, more particularly described in "Exhibit
A." This variance was granted per plans on file with a time limitation of twelve (12) months in
which a building permit must be obtained, subject to the following conditions by the Planning and
Zoning Department: 1) if the structure for which the variance is granted terminates for any
reason, including an act of God, the variance shall terminate, and 2) recordation of these
conditions in the public records of Miami -Dade County, Florida.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
MARIA J. CHIARO
INTERIM 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: 8/23/2004