HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00169v 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, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, AND ARTICLE 19,
SECTION 1901, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0"
(15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0"
REQUIRED); AND A REAR SETBACK (WEST) OF 2'10" (7'6" REQUIRED), FOR
THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE,
MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO
A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting on March 24, 2008, Item No. 8, following an
advertised public hearing, adopted Resolution No. ZB 08-027 by a vote of three to two (3-2),
GRANTING the variance per plans on file with a time limitation of twelve (12) months in which a
building permit must be obtained, from Ordinance No. 11000, as amended, the Zoning Ordinance of
the City of Miami, Article 4, Section 401, and Article 19, Section 1901, et seq., Schedule of District
Regulations, to allow an interior side setback (north) of 0'0" (15'0" required); a street side setback
(South) of 4'6" (15'0" required); and a rear setback (West) of 2'10" (7'6" 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 justify reversing the decision of
the Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 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, and Article 19, Section
1901, et seq., to allow an interior side setback (north) of 0'0" (15'0" required); a street side setback
(South) of 4'6" (15'0" required); and a rear setback (West) of 2'10" (7'6" required) with a time limitation
of twelve (12) months in which a building permit must be obtained for the property located at
City of Miami Page 1 of 2 Printed On: 5/5/2008
File Number:O8-00169v
approximately 888 Brickell Avenue, 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 CORRECTNESS:"
JULIE O. BRU
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: 5/5/2008