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Resolution
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Miami, FL 33133'.
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File Number: 06-00839v Final Action Date:
A RESOLUTION OF THE MIAMI CITY COiv1M1SSION, 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, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
ALLOW A REAR YARD SETBACK OF 3'6" WHERE 20'0" IS REQUIRED, AND TO
ALLOW A SIDE YARD SETBACK OF 4'9" WHERE 5'0" IS REQUIRED, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 5853 SOUTHWEST 5TH STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on July 24, 2006, Item No. Z.15, following an
advertised public hearing, adopted Resolution No. 06-1218 by a vote of four to four (4-4), DENYING
the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Article 4, Section 401, to allow a reduction in the rear yard and side yard setbacks, as hereinafter set
forth;
WHEREAS, on July 25, 2006, Angelina Gonzalez (Applicant/Appellee) 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. 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 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
City of .Miami
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File Number: 06-00839v
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 denies the
appeal, and affirms the decision of the Zoning Board (Resolution No. 06-1218, adopted July 24, 2006),
thereby denying 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 rear yard setback of 3°
6" where 20'0" is required, and to allow a side yard setback of 4'9" where 5'0" is required, for the
property located at approximately 5853 Southwest 5th 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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