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HomeMy WebLinkAboutAnalysisCASE NO: 08-001083v. APPLICATION FOR VARIANCES SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE 11000 and THE CITY CODE, AS AMENDED, AND TO ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER REGULATIONS. Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance the City of Miami, Florida, the subject proposal for 2898 BISCAYNE BUILDING at 2898 Bisc Boulevard Miami, Florida, has been submitted and reviewed to allow application f VARIANCES to allow relaxation of the terms of the ordinance for required off-street parki space and open space at ground level, subject to all applicable criteria; I The proposed development "2898 Biscayne Building" will be comprised of changing the use of an existing Retail Space of approximately 1,570 square feet of floor area in a legal non- conforming Commercial Building Structure, to Restaurant Space requiring a total of sixteen (16) parking spaces. Three (3) parking spaces will be grandfathered from the existing parking condition. No additional parking spaces will be provided by the proposed new Restaurant Use. Therefore, applicant seeks zoning board approval for a VARIANCE to waive thirteen (13) parking spaces shortage, an a VARIANCE to waive 1,290 square feet of open space shortage (2i482 square feetopen space is required at ground level,. only 1,192squarefeet will be provided). REQUEST, for a VARIANCE, as per, ARTICLE 19, Section 1901, ARTICLE 4, Sect. 401, C-1 Restricted Commercial, to allow a relaxation of the terms of the ordinance for required off- street parking space, subject to all applicable criteria; Minimum required 16 -new parking spaces (restaurant use) Grandfathered in 3 -parking spaces (previous retail use) Proposed 0 -new parking spaces Request to be waived: 13 parking spaces REQUEST, for a VARIANCE, as per, ARTICLE 19, Section 1901, ARTICLE 4, Sect. 401, C-1 Restricted Commercial, to allow a relaxation of the terms of the ordinance for required open space, subject to all applicable criteria; Minimum required Proposed Request to be waived 2,482 square feet 1,192 square feet 1,290 square feet It is found that the "2898 Biscayne Building" is an 11,601 square feet existing legal nonconforming commercial building. It is found that 1570 square feet of the corn merciai building will change the use from a retail use into a restaurant use. It is found that the restaurant use is compatible with the existing C-1 "'Restricted Commercial" with a SD -20 Edgewater Overlay district. It is found that by changing the use from retail to a restaurant increased the parking requirement for the site creating a deficit of 13 parking spaces; which could have an adverse impact on the surrounding area due to overflow parking having to be accommodated on adjacent streets. It is also found that the applicant will re -surface the existing parking lot area that provided parking spaces for the legal nonconforming commercial building to meet American Disability Act (ADA) access compliance, which activates review of site's open space requirements. w It is found that the proposed project will provide more landscape area and brings the capers space to 1,190 square feet and 2,482 square feet are required. It is found that by Zoning Ordinance Section 907.2.2.1 a developer may seek to relocate or waive the required open space by a Class II Special Permit. For every square foot of required open space that is relocated or waived, as specified herein and pursuant to a Class II Special permit under this section, the user shall make a nonrefundable developer contribution of fifty dollars ($50.00) per square foot to the Parks and Open Space Trust Fund administered by the tit of Miami as set forth in Chapter of the City Code, as amended, which would required no finding or showing of hardship. It is found that the applicant is seeking a variance for the additional open space requirement of 1,290 square feet and not pursuit a Class II Special permit open space waiver. It is found that by developing the existing facility in the manner reflected will derive the applicant undue benefit under the Zoning Ordinance without providing the required parking or open space needed with the proposed commercial building. 0 It is found that there is no hardship to justify the requested variances. Based on these findings, the Planning Department is recommending denial of the application as presented. IMHUM File ID: 08-01083v Yes No N/A. ❑ a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. M ❑ b) The special conditions and circumstances do not result from the actions of the petitioner. E ❑ c) Literal interpretation of the provisions of this Zoning Ordinance No. 11000 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Ordinance No. 11000 and works unnecessary and undue hardship on the petitioner- ❑ M ❑ d) Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. ❑ e) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. ❑ El D The grant of the variance is in harmony with the general intent and purpose of Zoning Ordinance No. 11000, and is not injurious to the neighborhood, or otherwise detrimental to the public welfare by demonstration of compliance with the following additional criteria related to impact, character and design: 1) The variance, if granted, would result in a project that is consistent with the applicable criteria as set forth in Sections 1305.2 and 1305.3 of Zoning Ordinance No. 11000, as such design relates to the particular location for which the variance is being sought.