HomeMy WebLinkAboutR-14-0408City of Miami
Legislation
Resolution: R-14-0408
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01180v Final Action Date: 10/9/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL AND REVERSING THE DECISION OF THE PLANNING,
ZONING AND APPEALS BOARD DENYING THE VARIANCE, AND THEREBY
GRANTING A VARIANCE AS LISTED IN THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 7, SECTION 7.1.2.7, TO
ALLOW A RELAXATION OF THE TERMS OF THE MIAMI 21 ZONING CODE FOR
THE REQUIRED MINIMUM REAR SETBACK, TO ALLOW A REAR SETBACK OF
3'11" (20'0" REQUIRED, REQUEST TO WAIVE 16'1"), FOR THE PROPERTY
LOCATED AT APPROXIMATELY 2970 SOUTHWEST 4TH STREET, MIAMI,
FLORIDA, WITH CONDITIONS AS STATED HEREIN.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 2,
2014, following an advertised public hearing, made a motion to approve the variance which resulted
in a vote of four to four (4-4), thereby denying the variance as set forth in Resolution No. PZAB-R-14-
053; and
WHEREAS, the applicant has appealed the decision of the PZAB; 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 justify reversing the decision of the
PZAB with the following conditions: 1) the establishment of a comprehensive plan for the property,
which may require other variances as applicable, and 2) the property owner will scale back the
structure to provide for a back yard to the extent possible;
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 fully set forth in this Section.
Section 2. The City Commission grants the appeal, and reverses the decision of the PZAB,
thereby granting the variance as listed in Article 7, Section 7.1.2.7, to allow a relaxation of the terms
of the Miami 21 Zoning Code for the required minimum rear setback, to allow a rear setback of 3'11"
(20'0" required, request to waive 16'1 "), for the property located at approximately 2970 Southwest 4th
Street, Miami, Florida, legally described in attached Exhibit "A," attached and incorporated, with the
following conditions: 1) the establishment of a comprehensive plan for the property, which may
require other variances as applicable, and 2) the property owner will scale back the structure to
provide for a back yard to the extent possible.
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: 12-01180v (Version: 5) Printed On: 1/16/2018
File Number: 12-01180v Enactment Number: R-14-0408
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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: 12-01180v (Version: 5) Printed On: 1/16/2018