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Home My WebLink AboutR-81-0071RESOLUTION NO. A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VII, SECTIONS 2(1) (b) , 3(1) (a) AND 3(3) (a) AND 6, TO PERMIT CONSTRUCTION OF A OPTF-STORY DUPLEX RESIDENCE ON LOT 8 LESS S25' AND LESS W10'; (� BLOCK 1; ROCKMOORE VILLA TRACT (4-182), BEING APPROXIMATELY 5927 NORTHEAST FIRST �� AVEPIUE , AS PER SITE PLAN ON FILE, WITH ...71 10' FRONT YARD (20' REQUIRED) , 5' REAR YARD (20' REQUIRED), 43.327. LOT COVERAGE (30% ALLOWED), AND 3,001.2 SOFT. PROVIDED (4,000 SQ.FT. RF"QUIR.FP); ZONrD R-3 (LOW DENSITY MULTIPLE) DISTRICT, SUBJECT TO THE DEDICATION OF THE [JEST 10 FT. OF N75' C/•> M LOT 3. WHEREAS, the Miami Zoning Board at its meeting of November 3, 1980, Item No.2, following an advertised hearing, adopted Resolution No. ZB 205-80 by a 4 to 2 vote (1 member abstaining) denving variance as hereinafter set forth; and WHEREAS, the applicant has taken an annear from the denial of the variance to the City Commission; and I%HEREAS, the Citv Commission notwithstanding the denial of the Zonins, Board, and after careful consideration of this matter finds that due to peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary hardships would impair the owner's right to the reasonable use of the property without the variance granted as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for a variance as per Ordinance No 6871, Article VII, Sections 2(1)(b), 3(1)(a) and 3(3)(a) and 6, to permit construction of a one-story duplex residence on Lot 8 less S25' and less W10'; Block 1; ROCKMOORE VILLA TRACT (4-182), being approximately 5927 Northeast First Avenue, as per site plan on file, with 10' front yard (20' required), 5' rear yard (20' required), 43.32% Lot Coverage (30% allowed), and 3,001.2 sq.ft. provided ' �4 CITY C01V?Vi1S#1301N W. a .T1NG OF RESOLUi! rta..............�.... REAUS:........................... (4,000 sq.ft. required); zoned R-3 (Low Density Multiple) District, be and the same is hereby granted, subject to the dedication of the west 10 Ft. of :+75' LOT S. PASSED AND ADOPTED this 22nd day of January, 1981. MAURICE A. FERRE MAURICE A. FERRE, M A Y 0 R ATTEST: RAL G. ONGIE CITY CLERK PREPARED AND APPROVED BY: C _ • TERRY V. P RCY ASSISTANT CITY ATTOR EY APPROVED AS TO FORM AND CORRECTNESS: GEOR KNOX, JR. CITY MORNEY Ll .� `• �� -2- ZON I i'G FACT SHEET LOCATION/LEGAL Approximately 5927 N.E. 1st Avenue Lot 8 less S25' and less W10'; Block 1; P.OU' 0ORE VILLA TRACT (4-132) Olvd1NER/APPLICANT Pedro R. Pelaez 11531 S.W. 93rd Street Ph: 595-7097 Miami, Florida Ph: 354-0311 0ER Michael Zogby 1205 S.W. 21st Terrace Miami, Florida Ph: 854-0311 Z0',lIt;G R-3 (Low Density ' ultiple) REQUEST Variance to permit construction of a one-story duplex residence as per site plan on file, with 10' front yard (20' required), 5' rear yard (20' required), 43.32 lot coverage (30- allowed), and 3,001.2 sq.ft. provided (4,000 sq.ft. required). REM'''E','DA iG';S PLC°,';';:';G DEPT. DE';:AL. There is no hardship which justifies granting the re_!Jeste d variances. The proposed development ;could be dentri-rental to the neight;orhood and ;;culd not provide even the mini,,!im required amenities such as adequate open space and floor space (750 sq. ft. and a sub--inir;um 550 sq. ft. per unit arc pr(,pos;_d) it, short, the site would be over- developed if the vari,:n es are granted. Zoning regulations ;)e follo„cd and a MMxir,um of one unit si-,ould be constructed. PUBLIC r,'0P S Dedicate ',pest 10 ft. of I1!75' Lot 8. D.O.T.T. Has no obit-ction to this proposal. ZONING BO;;;3 Deferred on September 22, 1980. Deferred on October 20, 1980. DENIED on November 3, 1980 by a 4 - 2 vote. COMMISSION DEFERRED ACTION on December 17, 1980; Motion 480-900. AI : I� D ' o l�1' i� 01 - •fir _ ,� � � d r, 0 0 , ~� + is Richard L.Fosmoen November 18, 1980 Mayor and City Commission Attention: "r. "ichard Fosmoen City of �Iiami, Florida re: VARIANCE - DENIED BY ZONING BOARD APPEALED TO E Pedro R. Pelaez Approx. 5727 N.E. 1st Avenue Lot 8 less S25' and less W10' Block 1; ROCKMOORE VILLA TRACT (4-182) Gentlemen: The Miami Zoning Board, at its meeting of November 3, 1980, Item #2, j following an advertised Hearing, adopted Resolution No. ZB 205-80 by a 4 to 2 vote 0 member abstaining) DENYING Variance from Ordinance 6871, ARTICLE VII, Sections 20 )(b), 3(1)(a) & 3(3)(a) & 6, to permit construc- tion of a one-story duplex residence on Lot 8 less S25' and less 1,410'; Block 1; ROCKMOORE VILLA TRACT (4-182), being approximately 5927 N.E. 1st Avenue, as per site plan on file, with 10' front yard (20' required), 5' rear yard (20' required), 43.32" Lot Coverage (307' alloried), and 3,001.2 sq.ft. provided (4,000 sq.ft. required); zoned R-3 (Low Density Hultiple). One objection received in the mail. Two proponents present at the meeting. A RESOLUTION to provide for this Variance has been prepared by the City Attorney office and submitted for consideration by the City Commission cm Z. M. #13 cc: Law Department Planning and Zoning Boards Administration NOTE: Planning Department recommendation: DENIAL. Tentative City Commission date: December 17, 1980. «s ilk p h Doc FO a_ LO"t:��„ i 0 November 18, 1980 Mr. Aurelio E. Perez-Lugones Director Planning and Zoning Boards Administration RE: ROCKMOORE VILLA TRACT (4-182) Lot 8 less S25' and less 1.410'; Block 1; Approximately 5927 N.E. 1st Avenue Dear Mr. Lugones: On November 3, 1980, Item =2 on the Agenda was denied by the Zoning Board. I would like to appeal this case to the City Commission. Very truly yours, Pedro R. Pelaez 11531 S.W. 93 St. Miami, Florida 33176 telphone "595-7097 1 or .- ZONING FACT SHEET LOCATION/LEGAL Tract of land located between N.E. 34th & 35th Streets and Approx. theoretical N.E. 5th Avenue and Biscayne Bay. Tentative Plat :1099-A "BAY POINT PLACE" OWNER/APPLICANT Hamilton Corporation Suite 2302 100 N. Biscayne Blvd. Miami, Florida 33132 (Attorney for Applicant) Martin Fine 2401 Douglas Rd. Miami, Fla. 33145 Phone �:371-9191 Phone 446-2200 ZONING R-5 (High Density Multiple Dwelling). REQUEST A Planned Area Development (PAD) on above site, as per ARTICLE XXI-1 of the Comprehensive Zoning Ordinance :#6871 and plans on file, said PAD to consist of two hundred seventy three (273) apartment units in a proposed tower structure. RECOMMENDATIONS PLANNING DEPT. APPROVAL IN ACCORD WITH THE PLANS ON FILE SUBJECT TO THE CONDITIONS RECOMMENDED BY THE URBAN DEVELOPMENT REVIEW BOARD. The proposed development meets the intent of a Planned Area Development (PAD). Not only has much effort been put forth to assemble this large parcel (3.86 acres) but an exceptional design is being proposed for the development. A maximum of open space is offered at each level of the building with ground level water features, an open air atrium and more than 140 feet of open yard space adjacent to the Bay. More than 87,' of the parking will be covered in a low profile parking garage (31 ft or less above grade). Heavy landscaping will be placed around the periphery and on top of the garage. Three deviations from R-5 zoning regulations are being proposed. These are: - a 2.73 floor area ratio (2.2 maximum allowed) - 20.5% lot coverage(17 maximum adjusted allowed) - a 2.5' encroachment into the front setbacks for a portion of the top 3 floors. r r 10, All of these deviations are acceptable in light of the above -mentioned exceptional design and land assemblage that has gone into this project. PUBLIC i•JORKS Dedication required by plat. D.O.T.T. Access should be provided to N.E. 35th St. on the N.E. corner of the site to disburse the traffic, provide additional access, and allow easy access to the east portion of the garage. All support columns must not encumber driving aisles in the parking garage. ZONING BOARD ZB 235-80 RECOMMENDED APPROVAL SUBJECT TO THE RECOMMENDATIONS OF THE URBAN DEVELOPMENT REVIEW BOARD by a 5 to 1 vote (1 member absent) on December 15, 1980. D C i r'1 FVL�v a', CITY OF MIAP,*!. F LOW'14 INTER -OFFICE MEMOR'' DLJI,: Aurelio Perez Lugones, Director Decom►;er 5, 1C-80 Planning and Zoning PAD Bay Point Mace Condo NE 34-35 Streets ,,.nd Bi.sca%one Bay Glen Buff, Chairman TTib Development Review ,oard At the Urban Development Review Board meeting of Novomber 18, I 1980, the Board recommended ,ipproval of the subject project as a planned area development (P.A.D.) with a floor area ratio of 2.73, lot coverage of 20.51/0, allowing projection of bal- conies into the front yards, and a siting adjustment of 21:' for each front setback for a portion of the top three floors, subject to the following conditions: 1 A restudy and re^.onsideration of the tennis and racket ball courts area. 2. The providing of a Landscaped public pedestrian easement adjacent to Biscayne Bay 'between 34th and 35th Streets. 3. Final lands^ape plan to be approved by the U.D.R.B. including deck and pavement. materials. The U.D.R.B. cited the site's pedestrian circulation. enclosed parking, public easement, land assemblage and frontage, increased side and rear yard areas, and unique design as the basis for their recommendation. ROW: nib /; I" r ,,Z1. --:-5 - 3-- --,* - -�; 77 Fo- 0 2ol Z go p Oit�TGP off' Richard L. Fosmoen Planning and Zoning Boards _Administration December 19, 1980 PLANNED AREA DEVELOPMENT -RECOMMENDED N.E.34-35th Streets, 5th Avenue COMMISSION AGENDA - January 22,1981 PLANNING AND ZONING ITEMS The Miami Zoning Board, at its meeting of December 15, 1980, Item #8, following an advertised Hearing, adopted Resolution No. ZB 235-80 by a 5 to 1 vote (1 member absent) RECOMMENDING APPROVAL OF A Planned Area Development on tract of land located between N.E. 34th and 35th Streets and approximately theoretical N.E. 5th Avenue and Biscayne Bay, Tentative Plat 41099-A "BAY POINT PLACE", as per ARTICLE XXI-1 of Ordinance 6871 and plans on file, said Planned Area Development to con- sist of two hundred seventy three (273) apartment units in a proposed tower structure; subject to conditions recommended by the Urban Develop- ment Review Board: (1) A restudy and reconsideration of the tennis and racket ball courts area; (2) Providing of a landscaped public pedestrian easement adjacent to Biscayne Bay between 34th and 35th Streets; (3) Final landscape plan to be approved by the Urban Development Review Board including deck and pavement materials. Property zoned R-5 (High Density Multiple). Fifteen objectors were present at the meeting; Twenty -Six objections received in the mail. Eight proponents present at the meeting; Sixteen replies in favor received in the mail, A RESOLUTION to provide for this PAD has been prepared by the City Attorney's. off-l—ce--an3-submitted for consideration of the City Commission, AEPL:cm cc: Law Department NOTE: Planning Department recommendation: APPROVAL.