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HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-0184411 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, TO ALLOW AN INCREASE iN HEIGHT ELEVATION, PROPOSED 33'0", ALLOWED 25'0", WAIVED 8'0", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1260 SOUTH VENETIAN WAY, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting on January 8, 2007 Item No. Z.4, following an advertised public hearing, adopted Resolution No. ZB 07-0002 by a vote of four to three (4-3), GRANTING the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow an increase in height elevation, proposed 33'0", allowed 250", waived 8'0", as hereinafter set forth; and WHEREAS, on January 23, 2007, Ben Fernandez, Esq., on behalf of 1276 Venetian LC, 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 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, to allow an increase in height elevation, proposed 33'0", allowed 25'0", waived 8'0" for the property located at approximately 1260 South Venetian Way, 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:e' JORGE L. FERNANDEZ CITY ATTORNEY City of Miami Page 1 of 2 Printed On: 2/1/2007 Fife Number: 06-fi1844v1 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: 2/1/2007