HomeMy WebLinkAboutR-06-0234City of Miami
Legislation
Resolution: R-06-0234
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00417v Final Action Date: 4/10/2006
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, 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 and notwithstanding
the decision of the Zoning Board, finds that the stated grounds for the appeal and the facts presented
in support thereof 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 exist which are peculiar to the land,
structure of 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 do not result from the actions
of the petitioner; and
c. Literal interpretation of the provisions of the zoning ordinance would
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 File Id: 06-00417v (Version: 4) Printed On: 1/18/2017
File Number: 06-00417v Enactment Number: R-06-0234
d. The variance conveys the same treatment to the individual owner as to
the owner of other lands, buildings or structures in the same zoning
district; and
e. The variance is the minimum variance that makes possible the
reasonable use of the land, building or structure.
f. The variance is in harmony with the general intent and purpose of
the zoning ordinance and will not be injurious tothe neighborhood, or
otherwise detrimental to the public welfare.
Section 3. Therefore, the City Commission grants the appeal, reverses the decision of the Zoning
Board (Resolution No. ZB 2006-1160, adopted March 27, 2006), and grants 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}
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 File Id: 06-00417v (Version: 4) Printed On: 1/18/2017