HomeMy WebLinkAboutR-91-0695.1r
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J-91-825(a)
9/26/91
91 65.1
RESOLUTION NO.
A RESOLUTION DENYING AN APPEAL FROM AND
AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION FROM ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 9, SECTION 903,
SUBSECTION 903.E TO ALLOW THE EXTENSION OF
25' OF THE 0 OFFICE ZONING INTO THE R-1
ZONING DISTRICT TO ALLOW MANEUVERING SPACE ON
THE RESIDENTIALLY ZONED LOT FOR THE PROPERTY
LOCATED AT 316 SOUTHWEST 28 ROAD, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
ZONED R-1 FOR SOUTHEAST 25' OF LOT 19 AND
ZONED 0 OFFICE FOR THE SOUTHWESTERLY 80' OF
LOTS 15, 16, 17 AND 18 SUBJECT TO COMPLIANCE
WITH A CERTAIN PLAN DATED MAY 17, 1991,
PREPARED BY ZYSCOVICH, WHICH PLAN MUST FIRST
BE APPROVED BY THE CITY'S PLANNING, BUILDING
AND ZONING DEPARTMENT AND BY THE CITY
ATTORNEY AND FURTHER SUBJECT TO A VOLUNTARY
DONATION OF $1,500 BEING MADE`TO THE CITY OF
MIAMI PRIOR TO ISSUANCE OF ANY CERTIFICATE OF
USE AND OCCUPANCY FOR THE PROPOSED OFFICE
BUILDING; SAID SPECIAL EXCEPTION HAVING A
TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
July 15, 1991, Item No. 5, duly adopted Resolution ZB 39-91 by a
seven to two (7-2) vote, granting a special exception, as
hereinafter set forth; and
WHEREAS, a neighbor, Kathryn Wells, has taken an appeal to
the City Commission from the Zoning Board's decision; and
WHEREAS, the City Commission after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to deny
the appeal from the Board's action and to affirm the decision of
the Zoning Board;
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 hereby adopted by referenoe
thereto and incorporated herein as if fully set forth in this
Section.
CITY CCaMM S1014
MEETING OF
SEP 26 in
9- 1-- 695•1
Section 2. The herein appeal from the decision of the
Miami Zoning Board to grant a special exception from Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, Article 9, Section 903, Subsection 903.8, to allow the
extension of 28' of the 0 Office zoning into the R-1 zoning
district to allow maneuvering space on the residentially zoned
lot for the property located at 316 Southwest 28 Road, Miami,
Florida, also described as Southwesterly 80' of Lots 18, 16, 17
and 18 and the Southeast 28' of Lot 19, Block 21, BRICKELL
ESTATES SUBDIVISION, as recorded in Plat Book 17 at Page 80 of
the Public Records of Dade County, Florida, Zoned R-1 for
Southeast 25' of Lot 19 and Zoned 0 Office for the Southwesterly
80' of Lots 18, 16, 17 and 18; subject to compliance with a
certain plan dated May 17, 1991, prepared by Zysoovioh, which
plan must first be approved by the City's Planning, Building and
Zoning Department and by the City Attorney and further subject to
a voluntary donation of $1,500 being made to the City of Miami
prior to issuance of any certificate of use and occupancy for the
proposed offioe building; said special exception having a time
limitation of twelve months in which a building permit must be
obtained, is hereby affirmed.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of September , 1991.
% XAVIER L .j SUARE� MAYOR
7ZATTES
MATTY H RAI
CITY CLERK
PREPARED AND APPROVED BY:
' C
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUINN JQRES, III
CITY ATT019Y
GUM/ra/bss/M2663 - 2 -
y 1-- 6 9 5.1.
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
REQUEST
RECOMMENDATIONS
PZW11-B
Approx. 316 SW 28 Road
SW'ly 80' of Lots 15, 16, 17,
& 18 and the SE 25' of Lpt 19
Block 21 11
BRICKELL ESTATES SUB. (17-50)
William Brody
c/o Jeffrey Bercow, Esq.
4000 Southeast Financial Center
200 S. Biscayne Blvd.
Miami, FL 33131
Phone 577-2945
R-1 Single Family Residential
(for SE 25' of Lot 19)
Special Exception from
Ordinance 11000, the toning
Ordinance of the City of
Miami, Article 9, Section 903,
Subsection 903.5 to allow the
extension of 25' of the 0
Office Zoning into the R-1
zoning district to provide
maneuvering space on the
residentially zoned lot per
plans on file.
APPROVAL PER PLANS ON FILE.
The extension of regulations
for the 25' portion of the
subject lot of Office Zoning
into the Single amily
Residential Zoning T is
acceptable per plans on file.
No Comment.
No Comment.
Coral Way is a state road and
a driveway connection FDOT
Permit is required.
No Comment.
ZONING BOARD At its meeting of July 15, 1991,
the Zoning Board adopted Resolution
ZB 39-91, by a 7-2 vote recommening
approval or the above.
APPEAL
One OPPONENT and three PROPONENTS
were present at the meet ng.
One reply AGAINST and three in FAVOR
were received By —mail.
Letter of appeal dated July 30,
1991, from Kathryn Wells.
91-- 69511.
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6. 1
TER RAC
91- 695.1
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July 30, 1991
Mrs. Kathryn Wells
342 S. W. 28th Road
Miami, Florida 33129
Planning, Building & Zoning Department
Hearing Boards Division
275 N. W. 2nd Street
2nd Floor
Miami, Florida 33130
Attn: Gloria Fox
Re: Appeal from Zoning Commission decision concerning
special exception for 316 S. W. 28th Road, Miami, FL
Gentlemen:
I wish to appeal a decision made by the Zoning Commission on July
15, 1991 on Agenda Item 05, a special exception regarding the
property located at 316 S. W. 28th Road in Miami.
Thank you.
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