HomeMy WebLinkAboutR-06-0562City of Miami
Legislation
Resolution: R-06-0562
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00839%Final Action Date: 9/28/2006
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, 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 for 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, and notwithstanding
the recommendation of the Zoning Board, deems it advisable and in the best interest of the general
welfare of the City of Miami and its inhabitants, to reverse the decision of the Zoning Board, and grant
this variance.
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 addition was done many years ago and the applicants/appellees had no
knowledge that it did not have enough sebacks.
b. Applicants/Appellees were not aware at the time it was built that this did not
meet City requirements.
c. The neighbors do not have any objection with the construction of addition as is.
d. Applicants/Appellees are not doing anything out of the ordinary or special as
the addition has existed for the past ten years.
e. No other land will be taken as the Applicants/Appellees are just trying to
legalize the addition that they have on their property.
f. It is not encroaching into anyone elses property.
City of Miami
Page 1 of 2 File Id: 06-00839v (Version: 4) Printed On: 2/16/2017
File Number: 06-00839v Enactment Number: R-06-0562
Section 3. Based on the foregoing findings and determinations, the City Commission grants the
appeal and reverses the decision of the Zoning Board (Resolution No. 06-1218, adopted July 24,
2006), thereby granting the 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."
Section 3. 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: 06-00839v (Version: 4) Printed On: 2/16/2017