HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
City Halt
3500 Pan American
Drive
Miami, FL 33133
www ci.rniami.fl.us
File Number: ( 6 00399v Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING 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 ALLOW A SIDE
YARD SETBACK OF 0'0" WHERE 10'0" IS REQUIRED, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 630 NORTHEAST 62ND STREET, MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO A
TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting on April 10, 2006, Item No. Z.8, following an
advertised public hearing, adopted Resolution No. ZB 06-1167 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 allow a side yard setback of 0'0" (10'0" required), as hereinafter set
forth;
WHEREAS, on April 24, 2006, Cristiana M. Martins 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 reviewing the record below and having heard argument of the parties, and being
otherwise duly advised in the premises, it is found that:
a. The subject property qualifies as a substandard lot under the City of Miami
Zoning ordinance, which constitutes hardship.
b. 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.
c. The special conditions and circumstances do -not result from the actions
of the petitioner.
d. Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same
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zoning district under the terms of the zoning ordinance and work
unnecessary and undue hardship on the petitioner.
e. 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.
f. The variance is the minimum variance that makes possible the reasonable
use of the land, building or structure.
g. The variance is in harmony with the general intent and purpose of the
zoning ordinance and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
Section 3. Based upon the foregoing findings and determinations, the City Commission denies the
appeal, affirms the decision of the Zoning Board (Resolution No. ZB 06-1167, adopted April 10, 2006),
and hereby 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 allow a side yard setback of
0'0" where 10'0" is required, for the property located at approximately 630 Northeast 62nd 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:ak ,
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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