HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-01240v Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL AFFIRMING 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 REDUCTION OF REQUIRED PARKING, BY WAIVING FOUR OF THE
FOUR REQUIRED PARKING SPACES, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 67 GLEN ROYAL PARKWAY, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN ATTACHED EXHIBIT "A."
WHEREAS, the Miami Zoning Board at its meeting on September 11, 2006, Item No. Z.12,
following an advertised public hearing, adopted Resolution No. 06-1230 by a vote of six to zero (6-0),
GRANTING the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401, to allow a reduction of the four required parking spaces, as hereinafter
set forth;
WHEREAS, on September 15, 2006, Rafael J. Sans, adjacent property owner, 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 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. This building was built in 1926 when no parking was required pursuant to City Code.
In the early 1980's modifications to the existing units were made but parking was
still not provided.
b. The petitioner purchased the property as is. It was only later that the City advised
the petitioner of the parking situation.
c. There are other buildings in this area that do not provide parking. Since the existing
building has been in the same condition there is no need to create parking spaces.
In addition, to provide the spaces in the very tight property boundaries would work
unnecessary and undue hardships on petitioner.
City of Miami
Page 1 of 2 Printed On: 10/25/2006
File Number: 06-01240v
d. Granting the variance requested will not confer on the petitioner that special privilege
that is denied by the Zoning Ordinance to other lands, buildings, or structures in the
same zoning district.
e. The variance is the minimum variance that will make possible the reasonable use
of the land, building or structure.
f. The granting of the variance will be in harmony with the general intent and purpose
of the Zoning Ordinance, and will not 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. 06-1230, adopted September 11,
2006), thereby granting the variance 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 reduction of
required parking by waiving four of the four required parking spaces, for the property located at
approximately 67 Glen Royal Parkway, 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
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: 10/25/2006