HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
City Halt
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00616v Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY DENYING VARIANCES 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 3'8" WHERE 5'0" IS REQUIRED AND TO ALLOW A REAR
YARD SETBACK OF 2'3" WHERE 14'0" IS REQUIRED, AFTER APPLYING AN
ALLEY CREDIT OF 6'0", FOR THE PROPERTY LOCATED AT APPROXIMATELY
2150 SOUTHWEST 17TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on May 22, 2006, Item No. Z.6, following an
advertised public hearing, adopted Resolution No. 06-1183 by a vote of six to two (6-2), to DENY the
requested variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401; and
WHEREAS, on May 24, 2006, Denise L. Francis, (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 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 deny the appeal, affirm the
decision of the Zoning Board and deny the variances, 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 premise, it is found that:
a. There are no hardships which justify the after -the -fact variances requested
in this application. The lot is oversized, having an area of 5,445 square feet,
where a standard lot in the R-1 Single Family Residential zoning district
typically has only 5,000 square feet.
b. The addition, as constructed, is excessive and out of proportion with the
original structure and could accommodate more than the permitted single
dwelling unit.
City ofgiarni
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File Number: 06-00616v
c. By developing the lot in the manner reflected in the plans submitted, the
property owner has derived undue benefits under the Zoning Ordinance.
d. Encroachments into the setbacks deprive the adjacent property owners
of their rightful visual separation.
e. The subject lot has been developed, without the benefit of building permits;
this is a self-imposed hardship and should therefore not be considered a
valid justification for any encroachment.
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. 06-1183, adopted May 22, 2006),
thereby denying the variances 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
3'8" where 5'0" is required and to allow a rear yard setback of 2'3" where 140" is required, after
applying an alley credit of 6'0", for the property located at approximately 2150 Southwest 17th 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 ctk,/
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.
City ofMiami
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