HomeMy WebLinkAboutLegislation DENYING AppealA 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 PURSUANT TO 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 14'21; 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 ("PZAB"), 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 PZAB, which appeal must state the
specific reasons for the appeal as provided in Article 7, Section 7.1.2.7(f) of the Miami 21 Code; and
WHEREAS, the City Commission after careful consideration of this matter, including, without
limitation, the criteria for a Variance as set forth in Article 7, Section 7.1.2.7 (b) of the Miami 21 Code
finds that the stated grounds for the appeal and the facts presented in support thereof DO/DO NOT
justify reversing the decision of the PZAB;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MAIMI, 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 (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, legally described in the attached "Exhibit A".
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.'
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.