HomeMy WebLinkAboutLegislation (Version 2)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-01484 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING 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, TO
ALLOW SIDE YARD SETBACKS OF 5'0" (10'0" REQUIRED) FOR THE PROPERTY
LOCATED AT APPROXIMATELY 238 NORTHWEST 63RD STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on November 28, 2005, Item No. 6, following an
advertised public hearing, adopted Resolution No. ZB 2005-1083 by a vote of four to two (4-2),
RECOMMENDING DENIAL of the variance from Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, as hereinafter set forth, by virtue of the fact that the City Code
requires five (5) favorable votes for the approval of any item before the Zoning Board; and
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. After reviewing the record below and having heard argument of counsel, and being
otherwise duly advised in the premise, it is found:
(a) Applicant has failed to prove that the literal interpretation of the Zoning
Ordinance causes an undue hardship.
(b) Applicant has failed to prove that there are special conditions and
circumstances which are peculiar to the property.
(c) Applicant has failed to prove that the Special Conditions of the
property are not the result of petitioner's actions.
(d) Applicant has failed to prove that the granting of the variance
would convey the same treatment to the owner.
(e) Applicant has failed to show that the variance, if granted, would
be the minimum variance for reasonable use of property.
(f) Applicant has failed to show that the approval of the variance
would be in harmony with the general intent and purpose of
City of Miami Page 1 of 2 Printed On: 1/11/2006
File Number: 05-01484
the Zoning Ordinance.
Section 3. Therefore, the City Commission denies the appeal, and affirms the decision of the
Zoning Board, thereby denying 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 side yard setbacks of 5'0" (10'0" required), for the property located at approximately 238
Northwest 63rd Street, Miami, Florida, more particularly described in "Exhibit A."
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ C-to y
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: 1/10/2006