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Resolution
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File Number: 07-00202v Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING
BOARD, THEREBY GRANTING THE VARIANCES FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 9, SECTION 907.3, SUBSECTION 907.3.2, RULE CONCERNING
HEIGHT OF BUILDING ABUTTING RESIDENTIAL DISTRICTS, TO RELAX THE
ADDITIONAL HEIGHT SETBACK WHICH REQUIRES A SET BACK OF ONE
FOOT IN THE HORIZONTAL DIMENSION FOR EVERY TWO ADDITIONAL FEET
IN THE VERTICAL DIMENSION STARTING AT AN ELEVATION OF FORTY FEET
ABOVE THE FLOOD LEVEL REQUIRED 40'0" WITH 63.43 DEGREE ANGLE,
PROPOSED 107'6", REQUEST TO WAIVE 67'6", AND ARTICLE 19, SECTION
1901, ARTICLE 4, SECTION 401, RELAXATION OF BUILDING FOOTPRINT, TO
ALLOW AN INCREASE FROM 40% TO 40.6% OF THE MAXIMUM ALLOWED
FOOTPRINT, ALLOWED 8,757 SQUARE FEET (40%), PROPOSED 8,889
SQUARE FEET (40.6%), REQUEST TO BE WAIVED 132 SQUARE FEET (0.6%),
FOR THE PROPERTY LOCATED AT APPROXIMATELY 1701 NORTHWEST 15TH
STREET, MIAMI, FLORIDA.
WHEREAS, the Miami Zoning Board at its meeting on March 26, 2007, Item No. Z.13, following an
advertised public hearing, adopted Resolution No. ZB 07-0031 by a vote of seven to zero (7-0),
DENYING the variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, as hereinafter set forth;
WHEREAS, on April 3, 2007, Chad Willard, Esq., on behalf on Kenwood Properties, LLC, 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 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 grants the appeal, and reverses the decision of the Zoning Board,
thereby granting the variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Article 9, Section 907.3, Subsection 907.3.2, Rule Concerning Height of Building
Abutting Residential Districts, to relax the additional height setback which requires a set back of one
foot in the horizontal dimension for every two additional feet in the vertical dimension starting at an
City of Miami
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File Number; 07-OO202v
elevation of forty feet above the flood level required 40'0" with 63.43 degree angle, proposed 107'6',
request to waive 67`6°', and Article 19, Section 1901, Article 4, Section 401, Relaxation of Building
Footprint; to allow an increase from 40% to 40.6% of the maximum allowed footprint, allowed 8,757
square feet (40%), proposed 8,889 square feet (40.6%), request to be waived 132 square feet (0.6%),
for the property located at approximately 1701 Northwest 15th Street, Miami, Florida, legally described
in attached "Exhibit A."
Section 3, This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNES
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
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