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Resolution
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Miami, FL 33133
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File Number: 06-00263 Final Action Date:
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 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 do 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 exist which are peculiar to the land,
structure of 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 not result from the actions of the
petitioner.
c. Literal interpretation of the provisions of the zoning ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
City of Miami Page 1 of 2 File Id: 06-00263 (Version: 3) Printed On: 7/12/2024
File Number: 06-00263
under the terms of the zoning ordinance and work unnecessary and undue
hardship on the petitioner.
d. The variance conveys the same treatment to the individual
owner as to the owner of other lands, buildings or structures in the same zoning
district.
e. The variance is the minimum variance that makes possible the reasonable use of
the land, building or structure.
f. The variance is in harmony with the general intent and purpose of
the zoning ordinance and will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
Section 3. Therefore, the City Commission grants the appeal, reverses the decision of the
Zoning Board (Resolution No. ZB 2006-1133, adopted February 13, 2006), thereby granting the
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 attached "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
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: 06-00263 (Version: 3) Printed On: 7/12/2024