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Resolution
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3500 Pan American
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Miami, FL 33133
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File Number: 06-01240v Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING
BOARD, THEREBY DENYING 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 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 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 Applicant did not present a valid reason in order to obtain a variance from
Ordinance No. 11000.
b. The Applicant failed to present competent substantial evidence that a hardship
exists.
c. There are other similar type buildings in extremely close proximity, which adhere
to the code and have multiple parking locations, and in some cases more spaces
than living units.
d. Presently, street parking near the building in question is full with no available
parking, and a variance in the code would cause the bad parking situation to
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File Number: 06-01240v
overflow into the adjoining streets and neighborhoods.
Section 3. Based on the foregoing findings and determinations, the City Commission grants the
appeal, reverses the decision of the Zoning Board (Resolution No. 06-1230, adopted September 11,
2006), thereby denying 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 required four 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 CORRECTNESSi/
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.
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