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HomeMy WebLinkAboutR-08-0552City of Miami Legislation Resolution: R-08-0552 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00304v Final Action Date: 9/25/2008 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, SECTION 1901, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A STREET SIDE SETBACK OF 1'0" (15'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1644 SOUTH MIAMI AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting on April 14, 2008, Item No. 6, following an advertised public hearing, adopted Resolution No. ZB 08-033 by a vote of four to four (4-4), made a motion to approve, which failed, constituting a DENIAL of the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 19, Section 1901, Article 4, Section 401, to allow a street side setback of 1'0" (15'0" required), for the property located at approximately 1644 South Miami Avenue, Miami, Florida, legally described in the attached "Exhibit A" as hereinafter set forth; WHEREAS, the applicant has appealed 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 and that the requirements for a variance under Article 19, Sections 1901-1903 have been met; 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 approving the 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 street side setback of 1'0" (15'0" required), for the property located at approximately 1644 South Miami Avenue, Miami, Florida, legally described in the attached "Exhibit A," subject to a time limitation of twelve (12) months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} City of Miami Page 1 of 2 File Id: 08-00304v (Version: 4) Printed On: 5/16/2017 File Number: 08-00304v Enactment Number: R-08-0552 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 File Id: 08-00304v (Version: 4) Printed On: 5/16/2017