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Legislation
Resolution
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 06-01065v 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 A VARIANCE FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 8,
SECTION 803, SUBSECTION 803.3.6, SCHEDULE OF DISTRICT REGULATIONS,
TO ALLOW A FRONT YARD SETBACK OF 20'0" WHERE 40'0" IS REQUIRED,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 3672 ROYAL PALM
AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on July 24, 2006, Item No. Z.16, following an
advertised public hearing, adopted Resolution No. 06-1219 by a vote of four to four (4-4), due to the
failure to obtain five affirmative votes, DENYING the variance, from Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Article 8, Section 803, Subsection 803.3.6, to
allow a front yard setback of 20'0" where 40'0" is required, as hereinafter set forth;
WHEREAS, on August 5, 2006, Robert P. Gonzales and Ana Oleskiewicz (Applicants/Appellees)
timely filed an appeal of the decision of the Zoning Board; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants, to affirm the decision
of the Zoning Board, and deny 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. There are no special conditions and circumstances existing 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. Special conditions and
circumstances result from actions of the petitioner.
b, Literal interpretation of the provisions of the Zoning Ordinance will not deprive
the applicants of rights commonly enjoyed by other properties in the same
zoning district under the terms of the Zoning Ordinance and will not work
unnecessary and undue hardships on the petitioner.
c. Granting the Variance requested will confer on the petitioner a special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the same zoning district.
City of Miami Page 1 of 2 Printed On: 8/29/2006
Fire Number: 06-01065v
d_ The Variance, if granted. is more than the minimum Variance that will make
possible the reasonable use of the land, building or structure.
e. The grant of 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_ 06-1219, adopted July 24, 2006),
thereby denying the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Article 8, Section 803, Subsection 803.3.6, to allow a front yard setback of 20'0" where
40'0" is required, for the property located at approximately 3672 Royal Palm Avenue, 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 6p-%
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 of Miami Page 2 of 2 Printed On: 8/28/2006