HomeMy WebLinkAboutR-06-0634City of Miami
Legislation
Resolution: R-06-0634
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01065v Final Action Date: 10/26/2006
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, 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 "EXHIBITA.;" SUBJECT
TO THE FOLLOWING CONDITIONS: THE ROOF PERIMETER MUST BE FITTED
WITH A GUTTER DRAINAGE DISCHARGING ONTO THE BACK OF THE
PROPERTY. IF REQUIRED BY ANY GOVERNMENTAL AGENCY, THE
APPLICANTS/APPELLEES WILL OBTAIN ANY NECESSARY EASEMENTS FOR
THE CONSTRUCTION OF THE GUTTER DRAINAGE.
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, and
notwithstanding the recommendation of the Zoning Board, finds that the stated grounds for the
appeal and the facts presented in support thereof 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. The house was built without a garage. The only location on the property
that can accommodate a garage is in this location.
City of Miami
Page 1 of 2 File Id: 06-01065v (Version: 5) Printed On: 2/24/2017
File Number: 06-01065v Enactment Number: R-06-0634
b. When the Applicants/Appellees purchased their house in March 2003, the
provision from which they are seeking a variance was not in effect (it
passed in March 2005) and their proposed garage would have been
permitted without the need for a variance. The new code provision makes
it impossible to build the garage as was contemplated when they purchased
the house.
c. Other houses on Royal Palm Avenue have garages in the same configuration.
The Applicants/Appellees desire to have a garage just like many of their
neighbors on Royal Palm Avenue. The Applicants/Appellees need the garage
to protect their car in a hurricane.
d. Other houses on Royal Palm Avenue have garages in the same configuration.
The Applicants/Appellees desire to have a garage just like their neighbors.
e. The Variance requested is the minimum variance that will allow a garage for
the Applicants/Appellees.
f. The grant of the Variance allows the use of the Applicants'/Appellees' house
as permitted in the R-1 Single Family Zoning District and is not injurious to
the neighborhood as it allows a garage just like many other houses on Royal
Palm Avenue.
Section 3. Based on the foregoing findings and determinations, the City Commission grants the
appeal, reverses the decision of the Zoning Board (Resolution No. 06-1219, adopted July 24,
2006), thereby approving the 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" subject to the following conditions: The roof perimeter must be fitted with a gutter drainage
discharging onto the back of the property. If required by any governmental agency, the
Applicant/Appellees will obtain any necessary easements for the construction of the gutter
drainage.
Section 4. 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: 06-01065v (Version: 5) Printed On: 2/24/2017