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Home My WebLink AboutR-02-0389J -02-210(b) 4/10/02 02- 338 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A SIDE YARD SETBACK OF 4' 6" (EASTSIDE)(15' REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14 STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A", CONDITIONED UPON A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of February 4, 2002, Item No. 1, following an advertised public hearing, adopted Resolution No. ZB 2002-0523 by a vote of four to two (4-2), DENYING a request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a side yard setback of 4' 6" :CITY COMM ON MEEMNG APR 1 1 2002 $esoN ion me. U - 38 (eastside)(15' required) for the properties located at approximately 170-180 Southeast 14 Street, Miami, Florida; and WHEREAS, the applicant has appealed the decision of the Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds that the stated grounds for the appeal and the facts presented in support thereof do justify reversing the decision of the Zoning Board and granting the variance; 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 hereby grants the appeal, and reverses the decision of the Zoning Board (Resolution No. ZB 2002-0532, adopted February 4, 2002), thereby granting a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a side yard setback of 4' 6" (eastside)(15' required) for an existing residential -office district for the property located approximately at 170-180 Southeast 14 Street, Miami, Florida, legally described Page 2 of 3 02- 389 on attached "Exhibit A," conditioned upon a time limitation of twelve (12) months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 11th day of April: 2002. IMANUEL A. DIAZ, OR ATTEST: '& "- '� , a "-'- PRICILLA A. THOMPSON CITY CLERK APPROVED &6 TQA,1ARM Abigr CORRECTNESS : TTORNEY wfl ' 061:YMT:smg 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. Page 3 of 3 0 � " 389 Exhibit "A" ALL SOUTH SiIRVEYOR•St INC. PROFESSIONAL LAND SURVEYORS & MAPPERS and LAND PLANNERS MAIL TO: PHONE (305) 553-1410 P.O. BOX 55-7580 FAX (305) 553-9903 MIAMI, FLORIDA 33255 924s S.w. 44' STREET, M(Aw FL 3316s REPORT OF VACANT SITE B LANDS DESCRM PLAT BOOK _AT I MLAM- DAnXsyOUNT` ORIGINAL DATE: FEBRI CURRENT DATE: JU� SEE THE MAP OF BOUNDARY SURVEY, LANDS DESCRIBED IN PIAT BOOK -2- AT PAGE 93 _ , _M M1I DARE COUNTY, FLORIDA. THIS SURVEY MAP IS NOT VALID WITHOUT Tial; SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. THE SIGNATURE AND SEAL CAN BE FOUND AT THE END OF THIS REPORT. THE MAP AND REPORT ARE NOT COMPLETE WITHOUT THE OTHER. LEGAL DESCRIPITON: LOT 9, THE EAST 15 FEET OF IAT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, IN BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, OF AMENDED PLAT OF POINT VIEW, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK NUMBER2 AT PAGE NUMBER 93 IN THE PUBLIC RECORDS OF DAM COUNTY, FLORIDA. AND THAT PORTION OF TOE VACATED ALLEY AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY ONE HALF (1/2) OF THE TI CZRTEV13 D TO & FOR: SHOWN IN PLAT BOOK 2 AT PAGE 93, -Al THE c•n. LLQ.- A FLnJR�i 111►�rrRn LL�Rir 1 r�' COMP VIEW", IN THE PUBLIC RECORDS OF MIAMI -1) XXX (A VACANT SITE OM S L 14 STREET LYING ADJACENT TO THE SOUTHERLY LINE (ZASTEAST 40 FEET OF LOT 11, ALL IN BLOCK OF BRMT-1, AVENUE) MIAM1 FLORIDA 33131 AFORESAID PLAT BOOK 2 AT PAGE 93. . +� � :.► rr� �. Y��c .. � ;rain � REVISION: NOVFMBER I& 1995 . (ONLY TO CERTIFICATIONS). a i-�b ;a: 0:0TR QAE:� a.�0 ACCURACY: THE EXPECTED USE OF THE LAND: AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (610176 FAC). IS "CONOMCIAL HIGH RISK". THE hOO M RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SURVEY IS 1 FOGT IN 10,000 FEET. THE ACCURACYOSTAINED BY MEASUREMBNI' WIIll A SOKKIA THEODRM AND A SOWUA 300 FOOT STEEL TAPE AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO EXCEED THIS REQUIREMENT. 6ATA SOURCES: .. THE DES(9!>PTTON WAS FURNISHED BY THE CLIMr. ATTORNEYS' TITLE INSURANCE FUND, INC., NO. C-2560846, BROAD AND CASSEL, ATTORNEYS AT LAW. AND N A*nnNcp ANK N A THEIR TITLE P0lJCY NO.: OPM-1199164. MORE PARTICULARLY DESCRIBED AS: COMIMiM(3KG (P.O.C.) AT THE NORTHEASTEI BLOCK 2 OF THE SAID PLAT; THENCE RU' DISTANCE OF 138.14 FEET TO THE POINT O: THE AFORESAID NORTHERLY ONE HALF (1/2 ALLEY; THENCE CONTINUE ALONG THIE DISTANCE OF 5.12 FEET TO A POINT, WHl' AND SOUTHERLY LINE OF THE AFORESAID (1/2) OF THE STATED ALLEY; THENCE RUIN DISTANCE OF 122.47 FEET TO A POINT; THE' FOR A DISTANCE OF 5.00 FEET TO A SOUTHWEST CORNER OF THE EAST 40 FEET 11; THENCE RUN S 75 -00' -00" F, FOR AD TO TSE POINT OF BEGINNING. (OFFICIAL RECORD BOOK 187W PAGE 3843 — % od 02-• 389 ZONING FACT SHEET Case Number: 2001-0512 04 -Feb -02 Item 1 Location: Approximately 170-180 SE 14 Street Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Renzo Renzi on behalf of The Sail, LLC 3052 SW 27 Avenue, #101 Miami, FL 33133 App. (305) 446-8807 Zoning: SD -5 Brickeli Avenue Area Residential -Office District Request: Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, Minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a front yard setback of 5'- 0" (20'-0" required), side yard setbacks of 0'-0" (west side) and 4'-6" (east side) (15'-0" required) and a rear yard setback of 0'-0" (15'-0" required). Continued from Zoning Board hearing of 1/28/02. Purpose: Recommendations: Planning Department: Please see attached. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: N/A. Violation(s) N/A. Ticketing Action: N/A. Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: History: Analysis: Please see attached. Zoning Board Resolution: ZB 2002-0520 Last Hearing Found N/A. Comply Order Zoning Board: Continued from the hearing of January 28, 2002 to February 04, 2002. By four separate motions, the board approved two variances to allow: a side yard setback of 0'0" (west side) (150" required), a rear yard setback of 0'0' (15' required); and denied two variances to allow: a front yard setback of 5'0" (20' required), a side yard setback of 4'6" (east side) (15' required). Vote: 4-2 City Commission: N/A. 02 389 Miami Zoning Board Resolution No.: 2002-0523 Monday, February 4, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A SIDE YARD SETBACK OF 4'6" (EAST SIDE) (15' REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14TH STREET, LEGALLY DESCRIBED AS LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, POINT VIEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A. Garavagiia Ms. lleana Hemandez-Acosta Mr. Humberto J. Pellon Mr. Juvenal A. Pina Mr. Allan Shulman Mr. Angel Urquioia Mr. Georges Williams AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 4-2 Case No. 2001-0512 Away Yes No Away Away No Yes Yes Yes 4 � I,- � )@ A f , Teresita L. Femandez, Executive SecjAary Department of Planning and Zoning Hearing Boards Division Item Nbr: 02-, 389 Exhibit "A" ALL SOUTH SURVEYORS, INC. PROFESSIONAL LAND SURVEYORS do MAPPERS and LAND PLANNERS MAEL TO: '.O. BOX 55-7580 MIAMI, FLORIDA 33255 PHONE (305) 553-1410 FAX (305) 553-9903 9215 Sw. 4411 STR=ZT. mum FL 33163 REPORT OF VACANT SITE B LANDS DESCRIE PLAT BOOK AT I MIAMI- DADE COUNT` ORIGINAL DATE: FEBRI CURRENT DATE: JLJ� SEE TIB? MAP OF BOUNDARY SURVEY. LAMB DESCRIBED IN PLAT BOOK _L AT PAGE 93 . ,hMApfiD6nf COUNTY, FLORIDA. THIS SURVEY MAP 13 NOT VALID wrTHOUT THE SIGNATURE AND ORTOOIAL RAISED SEAL OF THE FLORIDA LICENSm SURVEYOR AND MAPPER. THE SIGNATURE AND SEAL CAN BE FOUND AT THE END OF THIS REPORT. THE MAP AND REPORT ARE NOT COMPLETE MHOUT THE OTHER. LOT 9, THZ EAST 15 FEET OF LOT 10, THZ WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11. IN BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, OF AMENDED PLAT OF POINT VIEW, ACCORDING TO TSE PLAT THEREOF AS RECORDED IN PLAT BOOK NUMBER ,j_ AT PAGZ NUMBER ,L IN MIX PUBLIC RECORDS OF DADS COUNTY. FLORIDA. AND THAT PORTION OF Tam VACATED ALLEY A8 MORZ PARTICULARLY DZSCMZD AS FOLLOWS: THE NORTHERLY ONZ HALF (1/2) OF THE Tl SHOWN MR PLAT BOOK 2 AT pM= 93. -Al THL► SAIL LIG.. A FIAQIDw LIMMS.= TZD L�wR.17v COMlA_Nr VIEW", 24 THE PUBLIC RECORDS OF MIAMI -D Im [w VAk16 Sl'Fs ONl sz.16� S.=llIcT LYING ARIACZNT TO THE SOUTHERLY LINE EAST 40 FEET OF LOT 11, ALL IN BLOCK ZIDAI4L A 17131 AFORESAID PLAT BOOK 2 AT PAGE 93. ACCURACY: THE EXMCMD UNE OF THE LAND: At CL1 WM IN TIM haNDAN 71ICHMAL 9TANDA M (61017.6 FAC). 13 4"COMMERC1AL MR RnV. TIM AGICIM =ATM DWMM ACCURACY PM THn TYPE OF SLMVEY n I FOOT DI 10.000 MT. TRIS AOCURACY=rANW BY NEAKMMWr W11'N A SOSSIA TIMODn= AND A SOMUA 200 FOOT Vf=L TAPE AND CALCULA7WN OF A CLONED OMM TRIC Fx111RE WAN FOUND 70WW= T= RRQU=mDIT. &ATA SOURCES: « TIB Di1oN WAs:Z7RDIIS11®HY Tm CLBNT. ATTORNEYS' TITLE INSURANCE FUND, INC., NO. C-2560846, BROAD AND CASSEL. ATTORNEYS AT LAW. AND NATInNCAANK N 4 THMTTTT.EP(ILICYNO.: OPM-1199164. MORE PARTICULARLY DESCRIBED AS: COMMENCING (P.O.C.) AT THE NORTHZASTZI BL4XX 2 OF THE SAID PLAT; THENCE RU' DISTANCZ OF 138.14 I= TO TIM POINT O; THE AFORESAID NORTHERLY ONE HALF (112 ALLEY; THZNCZ CONTINUE ALONG THE DISTANCZ OF 132 FEET TO A POINT, WH: AND SOU IRMY LIE OF THE AFORESAID (IM OF THE STATED ALLZY; THZNTCZ RUIN DISTANCZ OF 12147 FEET TO A POUM, TBE' FOR A DISTANCZ OF S.00 FEET TO A SOUTHWEST CORNER OF THZ FAST 40 FZZ7 Il; THENCZ RUN S 75 40'-W E FOR A D TO THE POINT OF BZG94M1 Q (OFFICIAL RECORD BOOK 38703 PAGE 3843 - ... 02— 389 ZONING FACT SHEET Case Number: 2001-0512 04 -Feb -02 Item 1 Location: Approximately 170-180 SE 14 Street Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Renzo Renzi on behalf of The Sail, LLC 3052 SW 27 Avenue, #101 Miami, FL 33133 App. (305) 446-8807 Zoning: SD -5 Brickell Avenue Area Residential -Office District Request: Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, Minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a front yard setback of 5'- 0" (20'-0" required), side yard setbacks of 0'-0" (west side) and 4'-6" (east side) (15'-0" required) and a rear yard setback of 0'-0" (15'-0" required). Purpose: This will allow new construction within the required setbacks. Recommendations: Planning and Zoning Dept.: See supporting documentation. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: N/A. Last Hearing Found N/A. Violation(s) N/A. Ticketing Action: N/A. Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: Zoning Board Resolution: ZB 2002-0520 Analysis: Please see attached documentation. Zoning Board: Continued from the hearing of January 28, 2002 to February 04, 2002. By four separate motions, the board denied: Part A - a front yard setback of 5'-0" (20'- 0" required), Vote: 4-2 and Part B2 - side yards setback 4'-6" (east side) (15'-0" required), Vote: 6-0; and approved with conditions: Part B1 - a side yard setback of 0'0' (15' required), Vote: 6-0 and Part C - rear yard setback of 0'-0" (15'-0" required), Vote: 6-0. City Commission: N/A. Miami Zoning Board Resolution No.: 2002-0523 Monday, February 4, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A SIDE YARD SETBACK OF 4'6" (EAST SIDE) (15, REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14TH STREET, LEGALLY DESCRIBED AS LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, POINT VIEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Away Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia No Ms. Ileana Hemandez-Acosta Away Mr. Humberto J. Pellon Away Mr. Juvenal A. Pina No Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 4 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 3 Ms. Fernandez: Motion carries 4-2 Case No. 2001-0512 I_ l ;i ) A I Teresita L. Fernandez, Executive Sec ry Department of Planning and Zoning Hearing Boards Division Item Nbr: 0— 389 ZONING FACT SHEET Case Number: 2001-0512 04 -Feb -02 Item 1 Location: Approximately 170-180 SE 14 Street Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Renzo Renzi on behalf of The Sail, LLC 3052 SW 27 Avenue, #101 Miami, FL 33133 App. (305) 446-8807 Zoning: SD -5 Brickell Avenue Area Residential -Office District Request: Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, Minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a front yard setback of 5'- 0" (20'-0" required), side yard setbacks of 0'-0" (west side) and 4'-6" (east side) (15'-0" required) and a rear yard setback of 0'-0" (15'-0" required). Purpose: This will allow new construction within the required setbacks. Recommendations: Planning and Zoning Dept.: See supporting documentation. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: N/A. Last Hearing Found N/A. Violation(s) N/A. Ticketing Action: N/A. Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: Zoning Board Resolution: ZB 2002-0520 Analysis: Please see attached documentation. Zoning Board: Continued from the hearing of January 28, 2002 to February 04, 2002. By four separate motions, the board denied: Part A - a front yard setback of 5'-0" (20'- 0 required), Vote: 4-2 and Part B2 - side yards setback 4'-6" (east side) (15'-0" required), Vote: 6-0; and approved with conditions: Part B1 - a side yard setback of 0'0' (15' required), Vote: 6-0 and Part C - rear yard setback of 0'-0" (15'-0" required), Vote: 6-0. City Commission: N/A. 02"` 389