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HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami Legislation Resolution City Half 3500 Pan American Drive Miami, FL 33133 www.rriiamigov.com File Number: 06-01429v 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 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REDUCTION OF THE REQUIRED REAR YARD, TO ALLOW A REAR YARD SETBACK OF 14'9" (20'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 6830 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting on September 25, 2006, Item No. Z.11, following an advertised public hearing, adopted Resolution No. ZB 06-1236 by a vote of four to two (4-2), DENYING 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 required rear yard, to allow a rear yard setback of 14'9" (20'0" required) as hereinafter set forth, due to the failure to obtain five affirmative votes. WHEREAS, on October 10, 2006, Yolexis Aguero 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 reversing 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. The City Commission denies the appeal, and affirms the decision of the Zoning Board (Resolution No. ZB 06-1236, adopted September 25, 2005), thereby denying 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 required rear yard, to allow a rear yard setback of 14'9" (20'0" required) for the property located at approximately 6830 Southwest 7th Street, Miami, Florida, more particularly described in "Exhibit A," attached and incorporated. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 1 of 2 Printed On: 11/13/2006 File Number: 06-01429v APPROVED AS TO FORM AND CORRECTNESS. - JORGEL.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: 11/13/2006