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HomeMy WebLinkAboutCC Legislation (Version 3)ity of a Legislation Resolution File Number: 08-00277v City HaN 3500 Pan American MiamL Drive EL 33133 www.rniamigov.com 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 REAR SETBACK OF 6'0" (20'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 5990 SOUTHWEST 2ND STREET, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting on April 14, 2008, Item No. 4, adopting Resolution No. 08-031, following an advertised public hearing, made a motion to approve which failed by.a vote of three to four (3-4) which constitutes a DENIAL of 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 setback for a new terrace structure, to allow a rear setback of 6'0" (20'0" required) as hereinafter set forth; WHEREAS, the decision of the Zoning Board has been appealed; 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, 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 setback for a new terrace structure, to allow a rear setback of 6'0" (20'0" required) for the property located at approximately 5990 Southwest 2nd Street, Miami, Florida; legally described in attached "Exhibit A;" zoned R-1 Single Family Residential. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Cizy of Miami Page 1 of 2 Printed On: 4/29/2008 ber: 08-00277v APPROVED AS TO FORM AND CORRECTNESS JULIE 0. BRV/ -- 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 shah become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printer! On: 4/29/2O1k