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Legislation
Resolution
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Miami, FL 33133
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File Number: 06-00263 Final Action Date:
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A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
REQUIRED OFFSTREET PARKING, TO WAIVE ALL EIGHT OF THE REQUIRED
EIGHT PARKING SPACES, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2240 SOUTHWEST 12TH STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on February 13, 2006, Item No. 9, following
an advertised public hearing, adopted Resolution No. ZB 2006-1133 by a vote of eight to zero
(8-0), to DENY the variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, Article 4, Section 401, to waive all eight of the required eight parking
spaces, as hereinafter set forth;
WHEREAS, Mary H. Conway, Director of Capital Improvements and Transportation
Department, City of Miami, 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 not justify reversal of 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. After having reviewed the record below and having heard argument from the
parties, and being otherwise duly advised in the premise, it is found that:
a. Special conditions and circumstances do not exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures
or buildings in the same zoning district.
b. The special conditions and circumstances do result from the actions of the
petitioner.
c. Literal interpretation of the provisions of the zoning ordinance would not deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of the zoning ordinance and work unnecessary and undue
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File Number: 06-00263
hardship on the petitioner.
d. Granting the variance requested will convey special treatment to the individual
owner as to the owner of other lands, buildings or structures in the same zoning
district.
e. The requested variance is not necessary to make possible the reasonable use of
the land, building or structure.
f. If granted, the variance will not be in harmony with the general intent and purpose of
the zoning ordinance and will be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
Section 3. The City Commission denies the appeal, and affirms the decision of the Zoning
Board (Resolution No. ZB 2006-1133, adopted ), thereby denying the requested variance from
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4,
Section 401, Schedule of District Regulations, required offstreet parking, to waive all eight of the
required eight parking spaces, for the property located at approximately 2240 Southwest 12th
Street, Miami, Florida, more particularly described in "Exhibit A."
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ (44w
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.
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