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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci miami.fi us
Fite Nu
71er: t?6-00399v
ual Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING 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 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, Cristiano M. Martins 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
recommendation of the Zoning Board, finds the application for the Variance does not meet the
applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in
the best interest of the general welfare of the City of Miami and its inhabitants to reverse the
recommendation of the Zoning Board and deny the Variance as hereinafter set forth;
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. 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.
b. The special conditions and circumstances do result from the actions of the
petitioner.
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
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File Number` O6-QQ399v
under the terms of the zoning ordinance and work unnecessary and undue hardship
on the petitioner.
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,
e. The requested variance is not necessary to make possible the reasonable use of
the land, building or structure.
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. Based on the foregoing findings and determinations, the City Commission grants the
appeal, reverses the decision of the Zoning Board, (Resolution No. ZB 06-1167, adopted April 10,
2006), and hereby 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 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-
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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