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Home My WebLink AboutCC Legislations (Versions 3 & 4)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00321v Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING VARIANCES AS LISTED IN ARTICLE 5, SECTION 5.3.1(e); ARTICLE 7, SECTION 7.1.2.7(a); AND OFFSTREET PARKING GUIDES AND STANDARDS OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A RELAXATION OF THE SIDE AND REAR SETBACKS IN T3-O AND REDUCTION OF PARKING AND GREEN AREAAS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0" REQUIRED, REQUEST TO WAIVE 1'2"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST TO WAIVE 14'2"); C) PARKING OF 3 SPACES (4 PARKING SPACES REQUIRED, REQUEST TO WAIVE 1); D) REDUCTION OF THE REQUIRED FIVE (5) FEET YARD OF GREEN AREA AT THE EAST SIDE OF THE PROPERTY LINE, WHEN THE DRIVEWAY IS ADJACENT TO A PROPERTY LINE: PROPOSED 2'3" (REQUIRED 5'0", REQUEST TO WAIVE 2'9"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1772 NORTHWEST 30TH STREET, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 4, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-024 by a vote of eight to zero (8-0), item no. 4, to DENY the Variances 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 not 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 denies the appeal, and affirms the decision of the Planning, Zoning and Appeals Board, thereby denying the Variances as listed in Article 5, Section 5.3.1(e); Article 7, Section 7.1.2.7(a); and Offstreet Parking Guides and Standards of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, to allow a relaxation of the side and rear setbacks in T3-O and reduction of Parking and green area as follows: A) Side setback (east) of 3'10" (5'0" required, request to waive 1'2"); B) Rear setback (south) of 5'10" (20'0" required, request to waive 14'2"); C) Parking of 3 spaces (4 parking spaces required, request to waive 1); D) Reduction of City of Miami Page 1 of 2 File Id: 11-00321 v (Version: 3) Printed On: 6/24/2017 File Number: 11-00321v the required five (5) feet yard of green area at the east side of the property line, when the driveway is adjacent to a property line: Proposed 2'3" (required 5'0", request to waive 2'9") for the property located at approximately 1772 Northwest 30th Street, 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 J U LI E O. B R U 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: 11-00321v (Version: 3) Printed On: 6/24/2011 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00321v 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 VARIANCES AS LISTED IN ARTICLE 5, SECTION 5.3.1(e); ARTICLE 7, SECTION 7.1.2.7(a); AND OFFSTREET PARKING GUIDES AND STANDARDS OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A RELAXATION OF THE SIDE AND REAR SETBACKS IN T3-O AND REDUCTION OF PARKING AND GREEN AREAAS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0" REQUIRED, REQUEST TO WAIVE 112"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST TO WAIVE 14'2"); C) PARKING OF.3 SPACES (4 PARKING SPACES REQUIRED, REQUEST TO WAIVE 1); D) REDUCTION OF THE REQUIRED FIVE (5) FEET YARD OF GREEN AREA AT THE EAST SIDE OF THE PROPERTY LINE, WHEN THE DRIVEWAY IS ADJACENT TO A PROPERTY LINE: PROPOSED 2'3" (REQUIRED 5'0", REQUEST TO WAIVE 2'9"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1772 NORTHWEST 30TH STREET, MIAMI, FLORIDA. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 4, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-024 by a vote of eight to zero (8-0), item no. 4, to DENY the Variances 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 Variances as listed in Article 5, Section 5.3.1(e); Article 7, Section 7.1.2.7(a); and Offstreet Parking Guides and Standards of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended, to allow a relaxation of the side and rear setbacks in T3-O and reduction of Parking and green area as follows: A) Side setback (east) of 3'10" (5'0" required, request to waive 1'2"); B) Rear setback (south) of 5'10" (20'0" required, request to waive 14'2"); C) Parking of 3 spaces (4 parking spaces required, request to waive 1); D) Reduction of City of Miami Page I of 2 File Id: 11-00321v (Version: 4) Printed On: 6/24/2011 File Number: 11-00321v the required five (5) feet yard of green area at the east side of the property line, when the driveway is adjacent to a property line: Proposed 2'3" (required 5'0", request to waive 2'9") for the property located at approximately 1772 Northwest 30th Street, 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.' 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: 11-00321 v (Version: 4) Printed On: 6/24/2011