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Home My WebLink AboutR-82-0343RESOLUTION NO. 8 2 3 4 3 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE X, SECTIONS 3(2) (a) (d) AND 6, TO PERMIT CONSTRUCTION OF A PROPOSED 29-UNIT APARTMENT BUILDING ON LOT 5, BLOCK 7; MIRAMAR (5-4), BEING 1852 NORTH BAYSHORE DRIVE, AS PER REVISED PLANS ON FILE DATED SEPTEMBER 1, 1981, WITH A LOT COVERAGE OF 7,741 SQ. FT. - 33.8% (5,115.5 SQ. FT. - 22.5% PERMITTED), A NORTH SIDE YARD OF 20' (48.9' REQUIRED), AND A SOUTH SIDE YARD OF 20' (61' REQUIRED); SUBJECT TO THE NORTH DRIVE BRING MARKED "ENTRANCE ONLY" AND THE SOUTH DRIVE BEING MARKED "EXIT ONLY", AND PARKING REVIEW BY THE DEPARTMENT OF PUBLIC WORKS; ZONED R-5 (HIGH DENSITY MULTIPLE). WHEREAS, Article XXXI of the Comprehensive Zoning Ordinance No. 6871 permits an extension of a variance by the City Manager with approval of the City Commission, for a one year period; and WHEREAS, the City Manager recommends the extension of the variance granted by Zoning Board Resolution No. ZB 163-81; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a one year extension of a variance granted from Ordinance No. 6871, Article X, Sections 3 (2) (a) (d) and 6, to permit construction. of a proposed 29- unit apartment building on Lot 5, Block 7; MIRAMAR (5-4), being 1852 North Bayshore Drive, a:: per r-vised plans on file dated September 1, 1981, with a lot coverage of 7,741 Sq. Ft. - 33.8% (5,125.5 Sq. Ft. - 22.5% Permitted), a north side yard of 20' (61' Required); subject to the North Drive being marked "Entrance Only" and the South Drive being marked "Exit Only", and parking review by the Department of Public Works; Zoned R-5 (High Density Multiple), be and the same is hereby granted. CITY COMMISSION MEETING OF APR 2 2 1982 r Iowa666~ 3. PASSED AND ADOPTED this 22 day of ATTEST: PREPARED AND APPROVED BY: TERRY V . PERCY ! DEPUTY CITY ATTORNEY APRIL , 1982. MAURICE A. FERRE MAURICE A. FERRE, MAYOR APPROVED AS TO FORM AND CORRECTNESS: GEOPa F. KNOX, JR. CIT ATTORNEY -2- 82-343 CITY OF '.11,1k,"11. FI_ORIDA ItNT77"R-OFFICE :AEMORANCUM Howard V. Gary GATE. April 13, 1982 FILE Cit Manager REQUEST FOR EXTENSION OF TIME VARIANCE -.1852 NORTH BAYSHORE DRIVE Z-L g COMMISSION AGENDA - April 22, 1982 Director PLANNING AND ZONING ITEMS Planning and Zoning Boards :"°L°5UaCs: Adminstration_Department, ARTICLE XXXI of the Comprehensive Zoning Ordinance No. 6871 provides that any Variance shall expire six months after the effective date of the Variance unless a Building Permit or a Certificate of Use has been issued based upon the Variance. The Ordinance further provides that the City Manager may, after review and determination that substantial progress has been achieved by the applicant in terms of project planning, extend the expiration date of the Variance for an additional period of time not to exceed one year, subject to approval of the City Commission. The Planning Department finds no objection to the granting of the extension of time for this Variance. We are requesting the City Attorney's office, by copy of this memo, to prepare the proper Resolution for this extension. - AEPL:mo cc: Law Department 20" - 343 Lu ROKias Autn LOCATION& EGAL ZONING FACT SHEET 1852 North Bayshore Drive Lot 5, Block 7; MIRAMAR (5-4) OWNER/APPLICANT Jafco Properties N.V. c/o'Richard M. Zelman, Esquire Rivergate Plaza, Suite 500 _. 444 Brickell Avenue Miami, Fla. 33131 Phone #358-5800 Robert H. Traurig (Attorney for Applicant) 1401 Brickell Avenue Miami, Fla. 33131 Phone #579-0700 ZONING R-5 (High Density Multiple). REQUEST Variance to permit construction of a proposed 29-unit apartment building on above site, as per site plans on file, with a lot coverage of 9,236 sq.ft. - 40.3% (5,289.9 sq.ft. - 23.10,0 permitted); a front yard of 27.5' (37.5' required); a north side yard of 20' (51.5' required); a south side yard -of 20' (61' required); and a 7' balcony encroachment into the front yard (no encroachment permitted). RECO�'IMENDATIONS PLA?INIIG DEPT. DENIAL. The proposed setback and lot coverage variances are unacceptable and will be harmful to adjacent properties. This argument was upheld when two highrise proposals with fewer variance requests :sere turned down for this site on June of 1979 and January of 1980. The proposed variances would permit the building to be way out of proportion to its site. A 20 foot setback is required for a building which is only 29 feet tall (3 stories). Almost twice the allowable lot coverage is being proposed. 'Jo building is permitted such coverage ( the greatest al i owabl a coverage is 30% and this is for a 20-foot or less tall building). The proposed structure would be eleven plus stories high. Such setbacks and lot coverage would block all view corridors to the Bay ?articularly if the adjacent properties are developed with similar variances. U i•J ' � J `- - L -� 11lr: located at 3215 Southwegt- Q. LU ti°Kills Auto- PUBLIC WORKS No dedication is requested. D.O.T.T. The north drive is to be marked"entrance only"and the south drive"exit only'! The Zoning Board deferred on July 20, 1981. PLANNING DEPT. DENIAL. Although the site is slightly REVISED 9-21-81 irregular as to shape, the requested variances -for lot coverage and yard area exceed the test of reasonabiness for the justifications of a hardship. As previously indicated, the side yard requirements for the proposed structures exceed the average lot width. The requested yard areas represents approximately a 40% deviation of the requirements. There has been minor adjustments in the proposal since the last submission but have not been responsive, in the Department's opinion, to the concerns of the Board. The current proposal is not responsive to the existing regulations, any conceived or proposed future regulations, or to the existing or future' development of adjacent properties. The proposed development will have an adverse impact on existing and future development of the surrounding area. PUBLIC WORKS No dedication is requested. Review of the REVISED 9-21-81 parking is suggested since some stalls do not conform to city standards. ZONING BOARD GRANTED AS AMENDED on September 21, 1981 by 4 to 2 vote. APPEALED TO CITY COMMISSION BY AN OBJECTOR: Hexagon Properties.Ltd. CITY COMMISSION ON OCTOBER 22, 1981 APPEAL FAILED; ZONING BOARD MOTION TO GRANT UPHELD.. 82 -;3 43 no�ra5_Auto- _.��, inc. located at 3215 Southwest Rt6 Pa- 4 1 - • . oe /,e tor��°�� w � C �, I ik —,w-rT1""�'t-3215 Southwest 8th Q— - .ITV 11:.n� :L.'i 210A I-'7R-G" Aurelio Perez Lugones April 16, 1982 Director Extension of Time - Planning & Zoning 1852 North Bayshore Drive ^7os6ph W. McManus Acting Director Planning Department Although the Planning Department recommended DENIAL of the variances for the subject property we have no objections to the extension of time for the variances approved by the Zoning Board and City Commission. ROW:mb 82-345 motive. Inc. lnrpi-pd ar 191 5 c,,,.r►.. - n • -