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HomeMy WebLinkAboutCC Legislation (Version 4)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00850v Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING A VARIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 8, SECTION 803.3.2, TO ALLOW A REDUCTION OF THE REQUIRED SIDE FIRST -FLOOR SETBACKS FOR AN "R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, AS FOLLOWS: TO ALLOW A SIDE FIRST -FLOOR SETBACK OF 11'5" (25'0" REQUIRED TOTAL SIDE IN NORTH AND SOUTH), EXISTING IN NORTH 6'1", PROPOSED IN SOUTH 5'4", REQUEST TO WAIVE 13'7", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1796 SOUTH BAYSHORE LANE, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 15, 2010, following an advertised public hearing, adopted Resolution No. PZAB-R-10-054 by a vote of seven to two (7-0), item no. 8, to DENY the Variance as set forth; and WHEREAS, the applicant has appealed the decision of the Planning, Zoning and Appeals 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 Planning, Zoning and Appeals 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 Planning, Zoning and Appeals Board, thereby approving the Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 8, Section 803.3.2, to allow a reduction of the required side first -floor setbacks for an "R-1" Single -Family Residential District and "NCD-3" Coconut Grove Neighborhood Conservation District, as follows: To allow a side first -floor setback of 11'5" (25'0" required total side in north and south), existing in north 6'1", proposed in south 5'4", request to waive 13'7", for the property located at approximately 1796 South Bayshore Drive, 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} City of Miami Page 1 of 2 File Id: 10-00850v (Version: 4) Printed On: 10/22/2010 File Number: 10-00850v APPROVED AS TO FORM AND CORRECTNESS.e✓ 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 File Id: 10-00850v (Version: 4) Printed On: 10/22/2010