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HomeMy WebLinkAboutCC Legislation (Version 4)ity of a Legislation Resolution File Number; 007-007992v City Hail 3500 Pan American Drive Miami, FL 33133 www,miamigay.com 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 A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19. ARTICLE 4, SECTION 401, "C-1" RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE IN LOT COVERAGE, SUBJECT TO ALL APPLICABLE CRITERIA, 46.6% PROPOSED, 40% ALLOWED; AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE IN HEIGHT SETBACK, SUBJECT TO ALL APPLICABLE CRITERIA, 69'11" PROPOSED HEIGHT (NGVD AT BEGINNING OF 63 DEGREE SLOPING PLAN FOR ADDITIONAL HEIGHT LIMITATION), 51'6" ALLOWED HEIGHT (NGVD AT TOP OF RIDGE), FOR THE PROPERTY LOCATED AT APPROXIMATELY 11 SOUTHWEST 59TH AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting on July 30, 2007, Item No. Z.12, following an advertised public hearing, adopted Resolution No. ZB 07-0077 by a vote of six to one (6-1), DENYING the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, as hereinafter set forth; WHEREAS, on August 7. 2007, Manuel Vega, Esq., 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 variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 19, Article 4, Section 401, "C-1" Restricted Commercial, to allow a relaxation of the terms of the Ordinance in lot coverage, subject to all applicable criteria, 46.6% proposed, 40% allowed; and to allow a relaxation of the terms of the Ordinance in height setback, subject to all applicable criteria, 69'11" proposed height (NGVD at beginning of 63 degree sloping plan for additional height limitation), 51'6" allowed height (NGVD at top of ridge) for the property located at approximately 11 Southwest 59th Avenue, Miami, Florida, legally described in attached "Exhibit A." City of Miami Page 1 of 2 Printed On: 9/11/2007 Fria lumber; O7 OO792v Section 3. This Resoiution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CCRRECTNESSt 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: 9/11/2007