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Legislation
Resolution: ZB-06-1160
City Hall
3500 Pan American
Drive
Miami. FL 33133
www.ci.miamdl.us
File Number: 06-00417v
Final Action Date:3/27/2006
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, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO AUTHORIZE A
BUILDING STRUCTURE OF THIRTEEN STORIES WITH A MAXIMUM ALLOWED
HEIGHT OF 120' A.G.L. AT TOP OF SLAB WHERE A MAXIMUM OF TEN
STORIES IS ALLOWED, FOR THE PROPERTY LOCATED AT APPROXIMATELY
244 NORTHWEST 72ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on March 27, 2006, Item No. Z.12, following an
advertised public hearing, adopted Resolution No. ZB 06-1160 by a vote of five to one (5-1),
DENYING the variance, as hereinafter set forth; and
WHEREAS, on March 29, 2006, Adrienne F. Pardo, Esquire, on behalf of Grace Jackson, LLC and
Emerald Terrace, Ltd., (Applicants/Appellees), timely filed an appeal of 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. After having reviewed the record below and having heard argument from the parties,
and being otherwise fully advised in the premises, it is found that:
a. Special conditions and circumstances do not exist which are peculiar to
the land, structure or building involved and which are not applicable to
other lands, structures or buildings in the same zoning district; and
b. The special conditions and circumstances result from the actions of
the petitioner; and
c. Literal interpretation of the provisions of the zoning ordinance would not
deprive the applicant of rights commonly enjoyed by other properties in
the same zoning district under the terms of the zoning ordinance and
work unnecessary and undue hardship on the petitioner; and
City of Miami Page 1 of 2 Printed On: 3/31/2006
File Number: 06-00417v Enactment Number ZB-06-f 160
d. Granting the variance requested will convey special treatment to the
individual owner as to the owner of other lands, buildings or structures
in the same zoning district; and
e. The requested variance is not necessary to make possible the reasonable
use of the land, building or structure; and
f. If granted, the variance will not be in harmony with the general intent and
purpose of the zoning ordinance and will be injurious to the neighborhood,
or otherwise detrimental to the public welfare.
Section 3. The City Commission denies the appeal, affirms the decision of the Zoning Board,
(Resolution No. ZB 2006-1160, adopted March 27, 2006), and denies the variance from Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of
District Regulations, to authorize a building structure of thirteen stories with a maximum allowed height
of 120' A.G.L. at top of slab where a maximum of ten stories is allowed, for the property located at
approximately 244 Northwest 72nd Terrace, 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
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.
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