HomeMy WebLinkAboutLegislation (Version 3)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),
GRANTING THE APPEAL, REVERSING 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 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, 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. After reviewing the record below and having heard argument of counsel, and being
otherwise duly advised in the premise, it is found:
(a) The subject property is an interior lot with a width of only forty (40) feet,
which constitutes a hardship that limits reasonable use of the property.
(b) There are Special Conditions and circumstances which are peculiar
to the property.
(c) The Special Conditions are not a result of petitioner's actions.
(d) The variance, if granted, is the miniumum variance for reasonable
use of the property and conveys the same treatment to the owner.
(e) The variance is in harmony with the general intent and purpose of
the Zoning Ordinance.
Section 3. Therefore, the City Commission grants the appeal, and reverses the decision of the
Zoning Board, thereby granting the variance from Ordinance No. 11000, as amended, the Zoning
City of Miami Page 1 of 2 Printed On: 1/11/2006
File Number: 05-01484
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
CITY ATTORNEY
U.-
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: 1/11/2006