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RESOLUTION NO.
A RESOLUTION GRANTING VARIANCESFROM ORD ANCE
NO. 6871, ARTICLE XI-2, SECTIONS 3 (2) ( (b)
AND 6 (1), ARTICLE IV, SECTION 17 (3), 1D
ARTICLE XXIII, SECTIONS 2 (2) (3) (4) AVD 4 (23)
TO PERMIT CONVERSION OF TWO (2) EXISTAIG STRUCTURES
ON LOT 3, BLOCK 71 S, MIAMI (B-41),.19EING 20-22
S. W. 9TH STREET, TO OFFICE AND/OR'BUSINESSES
'NOT I14VOLVING SALE OR HANDLING OF MERCHANDISE
OI ',,THE PREMISES, AS FOLLOWS:
a) East Side Yard: 5' Proposed (7.5' Required).
b) Wesi,,5ide Yard: 1.9' Proposed (7.5' Required).
c) Rear mod: 9' Proposed (20' Required).
d) Lot Covexage: 32.8% Proposed (30% Permitted).
e) No Wall Between Non -Residential and Residential
Uses Propos6d (6' Minidnum Height Wall Along
East and West'%,Lot Lines Required).
f) Four Proposed Off Street Parking Spaces.
(6 O.S.P. Spaces,Re�uired).
g) Proposed Parking hacks Out Into Street
(No Backing Out Into Street Allowed).
h) Providing Two of/jFogr Wheel Stops (One Wheel
Stop Per Parking Space Required).
i) Two Spaces Accessible Only Through Parking
Spaces (Each Space Shall be Accessible Without
Driving Through Any Other Parking Space).
Zoned R-CB (Residential Office).
WHEREAS, the Miami Zoning Board at its meeting of October
5, 1981, Item No. 1, following an advertised hegring, adopted Resolution
No. ZB 174-81 by a 6 to 0 vote (1 member absent) ,,DENYING Variances as
hereinafter set forth; and -r
WHEREAS, the applicant has taken an appal from the denial
of the variances to the City Commission; and
't
WHERE,&S, the City Commission notwithstanding the denial of
i
the Zoning Board, and after careful consideration of`,.,this matter
finds that due/to peculiar circumstances affecting thus parcel of
land, practical difficulties and unnecessary hardships would impair the
owner's righ� to the reasonable use of the property without the variance
granted as ereinafter set forth;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The request for variances as per Ordinance
No. 6871, Article XI-2, Sections 3(2) (a) (b) and 6 (1), ARTICLE IV,
Section 17 (3), and ARTICLE XXIII, Sections 2 (2) (3) (4) and 4 (23),
to permit conversion of two (2) existing structures on Lot 3, Block 71S,
MIAMI (B-41), being 20-22 S. W. 9th Street, to office and/or businesses
not involving sale or handling of merchandise on the premises, as
follows:
a) East Side Yard: 5' Proposed (7.5' Required).
b) West Side Yard: 1.9' Proposed (7.5' Required).
c) Rear Yard: 9' Proposed (20' Required)
d) Lot Coverage: 32.8% Proposed (30% Permitted).
e) No Wall Between Non -Residential and Residential
Uses Proposed (6' Minimum Height Wall Along
East and West Lot Lines Required).
f) Four Proposed Off Street Parking Spaces.
(6 O.S.P. Spaces Required).
g) Proposed Parking Backs Out Into Street
(No Backing Out Into Street Allowed).
h) Providing Two of Four Wheel Stops (One Wheel
Stop per Parking Space Required).
i) Two Spaces Accessible Only Through Parking
Spaces (Each Space Shall be Accessible Without
Driving Through any Other Parking Space).
Zoned R-CB (Residential Office),
be and the same is hereby granted.
PASSED AND ADOPTED this day of
MAURICE A. FERRE, MAYOR
ATTEST:
LPH G. ONGIE
CITY CLERK
PREPAREEDD AND APPROVED BY:
TERRY V. PERCY
ASSISTANT CITY ATTORNEY
APPROVE TO FORM AND CORRECTNESS:
GEORGE KNOX, JR.
CITY AT EY
. 1981.
-2-
ZONING FACT SHEET
LOCATION/LEGAL 20-22 S.W. 9th Street
Lot 3
Block 71 S
MIAMI (B-41)
OWNER/APPLICANT Jack Eakle
101 E. Flagler Street
Suite 812
Miami, Fla. Phone #373-8374
(Power of Attorney)
Michael Latterner
3930 Utopia Court
Miami, Fla. 33133 Phone #444-6786
ZONING R-CB (Residential Office).
REQUEST Variance to permit conversion of two (2)
existing structures on above site, as per
site plan on file, to office and/or businesses
not involving sale or handling of merchandise
on the premises with the following variances:
(a) East side yard: 5' proposed (7.5' required)
(b) West side yard: 1.9' proposed (7.5' required)
(c) Rear yard: 9' proposed (20' required)
(d)• Lot coverage: 32.8% proposed (30% permitted)
(e) No wall between non-residential and residential
uses proposed (6' minimum height wall along
east and west lot lines required)
(f) Four (4) proposed off-street parking spaces
(6 o.s.p. spaces required)
(g) Proposed parking backs out into street (no
— backing out into street allowed)
(h) Providing two (2) of four (4) wheel stops
(One (1) wheel stop per parking space required)
(i) Two (2) spaces accessible only through parking
spaces (each space shall be accessible without
driving through any other parking space).
RECOMMENDATIONS
PLANNING DEPT. DENIAL. Although a variance could be considered
by virtue of the existing structure the remainder
of the requests are not reasonable in light of
conditions in the area. On street parking is
critical inthe area and is expected to remain this
way for some time to come. Therefore off-street
parking must be provided even if on a remote site
as permitted by the R-CB district. The parking
proposed is completely unacceptable.
PUBLIC WORKS No dedication is requested. Vehicular
backing into S.W. 9 Street should not
be allowed at this location.
D.O.T.T. The Department of Traffic and Transportation
recommends against the Variance in required
parking spaces and against the Variance to
allow the two tandem spaces. Street parking
should be stripped prior to full development
to R-CB along this local street to allow
adequate sight distance for exiting maneuver
and adequate lane widths.
ZONING BOARD DENIED on October 5, 1981 by a 6 to 0 vote.
APPEALED TO THE CITY COMMISSION BY THE APPLICANT.
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Howard V. Gary
City Manaaer,
I"io E. Perez-LuVes �J
Direc
Planning and Zoning Boards
Administration
October 23, 1981
VARIANCE -APPEALED BY THE APPLICANT:
Jack Eakle-20-22 SW 9th Street
COMMISSION AGENDA -November 19, 1981
PLANNING & ZONING ITEMS
The Miami Zoning Board, at its meeting of October 5, 1981, Item #1, follow-
ing an advertised Hearing, adopted Resolution No. ZB 174-81 by a 6 to 0
vote (1 member absent) DENIED Variances from Ordinance 6871, ARTICLE XI-2,
Sections 3(2)(a)(b) & 6(1), ARTICLE IV, Section 17(3), and ARTICLE XXIII,
Sections 2(2)(3)(4) & 4(23), to permit conversion of two (2) existing
structures on Lot 3, Block 71S, MIAMI (B-41), being 20-22 S.W. 9th Street,
as per site plan on file, to office and/or businesses not involing sale or
handling of merchandise on the premises, as per the attached.
One proponent present at the meeting.
A RESOLUTION to provide for this Variance has been prepared by the City
At orney s office and submitted for consideration by the City Commission.
AEPL:cm
cc: Law Department
NOTE: Planning Department recommendation: DENIAL.
Michael Lar tterner & Associates
IlvgisWred ReilI I-:sIiIIc IirOWrI.59,1l) U10pliI l.Ullrt I IvIlmI11, I' [UT It ]d WU ► ov
s.
October 19, 1981
City r-Lulagcr
Planning and Zoning Board IV.1ministration
P.O. Lox 330703
mizuni, 1'lorida 33133
20-22 S.W. 9tn Street
Lot 3, Block 71S
t�;ianu. (B-4.1)
Gentlarhen:
tkttacnea please find a petition signed by five residents who are listed on your
form to appeal the decision reached on October 5, 1981 for the above
captionc,J property in regards to parking. It is our understanding from
(;amen in the Planning and Zoning office, that this petition will serve in
lieu of $500.00 for an appeal to be filed. If any additional information
is re(-,uizeci please contact my office.
:)incerely►
�"lichael u Ittcrncr
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