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Legislation
Resolution
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3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fi.us
File Number: 04-00670b 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 VARIANCES FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
ALLOW A STREET FRONT YARD SETBACK OF 0'0" WHERE 10'0" IS REQUIRED;
TO ALLOW A SIDE STREET YARD SETBACK OF 0'0" WHERE 7'6" IS REQUIRED;
TO ALLOW A SIDE STREET YARD SETBACK OF 0'0" ON CORNER LOT WHERE
7'6" 1S REQUIRED AND TO ALLOW A FOOTPRINT OF 22,125 SQUARE FEET,
WHERE 16,724 SQUARE FEET IS ALLOWED, THEREBY REQUESTING AN
INCREASE OF 13% OR 5,400 SQUARE FEET, FOR THE PROPERTIES LOCATED
AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND
1653, 1655 AND 1657 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on March 14, 2005, Item No. 10, following an
advertised public hearing, adopted Resolution No. ZB 2005-1002 by a vote of five to two (5-2),
GRANTING the variances, as hereinafter set forth;
WHEREAS, on March 24, 2005, Mr. Steven Goodman filed an appeal of the decision of the Zoning
Board; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the
decision of the Zoning Board, finds that the stated grounds for the variances does not meet the
applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in
the best interest of the general welfare of the City of Miami and its inhabitants to reverse the decision
of the Zoning Board and deny the Variance as hereinafter set forth;
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,
Resolution No. ZB 2005-1002, adopted March 14, 2005, thereby denying the variances from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401,
to allow a street front yard setback of 0'0" where 10'0" is required; to allow a side street yard setback
of 0'0" where 7'6" is required; to allow a side street yard setback of 0'0" on a corner lot where 7'6" is
required, to allow a footprint of 22,125 square feet, where16,724 square feet is allowed, thereby
requesting an increase of 13°/0 or 5,400 square feet, for the properties located at approximately 1636,
1646 and 1650 Northeast Miami Court and1653, 1655 and 1657 North Miami Avenue, Miami, Florida,
more particularly described in "Exhibit A."
City of Miami Page 1 of 2 Printed On: 5/11/2005
File Number: 04-00670b
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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 ef 2 Printed On: 5/11/2005