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HomeMy WebLinkAboutR-17-0623City of Miami Legislation Resolution R-17-0623 File Number: 3113 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/14/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL AND REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY GRANTING 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 ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A RELAXATION OF THE SIDE AND REAR SETBACKS IN A T3-0 TRANSECT ZONE AND REDUCTION OF PARKING AND GREEN AREA AS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0" REQUIRED, REQUEST TO WAIVE 12"); B) REAR SETBACK (SOUTH) OF 510" (20'0" REQUIRED, REQUEST TO WAIVE 142"); C) PARKING OF THREE (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 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, denying the Variances as set forth herein; and WHEREAS, the applicant has appealed the decision of the PZAB to the City Commission; 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 Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), finds that the stated grounds for the appeal and the facts presented in support thereof justify reversing the decision of the PZAB; and WHEREAS, in granting this appeal, the City Commission finds that the Variances requested meet the criteria for approval of variances pursuant to Section 7.1.2.7 of the Miami 21 Code; 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 grants the appeal and reverses the decision of the PZAB, thereby approving the Variances pursuant to Article 5, Section 5.3.1(e); Article 7, Section 7.1.2.7(a); and the Offstreet Parking Guides and Standards of the Miami 21 Code, to allow a relaxation of the side and rear setbacks in a T3-0 Transect Zone and reduction of Parking and City of Miami Page 1 of 2 File ID: 3113 (Revision: A) Printed On: 3/15/2018 File ID: 3113 Enactment Number: R-17-0623 green area as follows: A) Side setback (east) of 3'10" (5'0" required, request to waive 12"); B) Rear setback (south) of (20'0" required, request to waive 142"); 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.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i �-ndez, City Httor ey 1/25/2018 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: 3113 (Revision: A) Printed on: 3/15/2018