HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: R-17-0623
Title: 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 1'2"); B) REAR
SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST TO WAIVE
14'2"); 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.
LOCATION: Approximately 1772 NW 30th Street [Commissioner Wifredo (Willy) Gort - District
1]
APPELLANT(S)/APPLICANT(S): Lowell J. Kuvin, Esq., on behalf of Theresa M. Mathias and
John Radu, Owners
PURPOSE: The approval of this appeal will allow the legalization of an addition to a duplex
structure.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original
request.
PLANNING, ZONING AND APPEALS BOARD: Denied on May 4, 2011, by a vote of 8-0.
CITY COMMISSION: Deferred on July 28, 2011 to October 27, 2011 to an indefinite deferral.
File Number: 3113
City of Miami
Legislation
Resolution
Enactment Number: R-17-0623
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 1'2"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST
TO WAIVE 14'2"); 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
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.'
APPROVED AS TO FORM AND CORRECTNESS:
l
i ria i -ndeU ez, City lAttor ey 12/5/2017
' 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.