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Legislation
Resolution
City Hall
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 A I I ACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING
BOARD, THEREBY GRANTING 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, an 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 and notwithstanding
the recommendation of the Zoning Board, finds that the stated grounds for the appeal and the facts
presented in support thereof, 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 grant the appeal, reverse the decision of the Zoning Board and grant 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 counsel, and being
otherwise duly advised in the premise, it is found that:
a. The property abuts land that has been approved with sides and rear setbacks variance.
b. Other similarly situated buildings in the area are spaced less than 20' rear setback
and less than 5' interior side setback.
c. The proposed addition would not create a conflict with adjoining properties.
d. The variances will allow the applicant to permit an addition at rear of property.
e. Proposed development is consistent with other projects in the immediate area.
City of Mivani
Page 1 of 2 Printed On: 9/14/2006
File Number: 06-00616v
Section 3. Based on the foregoing findings and determinations, the City Commission hereby
grants the appeal, reverses the decision of the Zoning Board (Resolution No. 06-1183, adopted May
22, 2006), thereby approving 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 attached ''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
g'°
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 Printed On: 9/14/2006