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Resolution No.: ZB.R-09-0020
Monday, April 13, 2009
Mr. Richard Tapia offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH 1N ZONING ORDINANCE NO.
11000, THE ZONING BOARD DENIED THE SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 9, SECTION 917.7.2, REDUCTION IN PARKING
REQUIREMENTS FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT WHEN
LOCATED IN COMMUNITY REVITALIZATION DISTRICTS (CRD), TO ALLOW THE
CONSTRUCTION OF A NEW MULTIFAMILY RESIDENTIAL BUILDING WITH
REDUCED PARKING SPACES, TO WAIVE 25 OF THE REQUIRED 61 PARKING
SPACES, PROPOSED 36, FOR THE PROPERTY LOCATED AT APPROXIMATELY
401 SOUTHWEST 17TH AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -
14 LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS.
Upon being seconded by Mr. Charles A. Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Yes
Mr. Ron Cordon
Away
Mr. Charles A. Garavaglla
Yes
Ms. Ileana Hernandez -Acosta
Yes
Mr, Lazaro Lopez
Yes
Mr, JuvenalA. Pine
Yes
Mr. Cornelius Shiver
Away
Mr, Richard Tapia
Yes
Mr. Angel Urquiola
Away
.AYE:
NAY:
ABSTENTIONS:
NO VOTES:
ABSENT:
Ms. Fernandez: Motion carries 6-0
Teresita L. Fernandez, Executive Secr. tary
Hearing Boards
File ID#: 06-01657x1 Z.6
EXIB IT "A"
PROPERTY ADDRESS:
401 SW 17 AVENUE — MIAMI — FLORIDA -33135
LEGAL DESCRIPTION:
Lot 5 and 6, of " BLOCK 4, OSCEOLA PARK AND LOT 1, .BLACK 107, LAWRENCE E5TATe"
according to the plat thereof as recorded in Plat Book 7, at Page 151 of the Public Records
of Miami—Dade County, Florldo,
Less;
A portion of Lots 5 and 6 of "A subdivision of Block 4, OSCEOLA PARK and Lot 1, Block 107,
LAWRENCE ESTATES", according to the Plat thereof, recorded in Plat Book 7, of Page 151, of
the Public Records of Miaml—Vade County, Florida, being more particularly described as follows:
Begin at the Northwest carrier of sold Lot 5; thence run North $7'43'49" East, along the North
line of said Lot 6, for a dfstanoe of 31.64 feet to the Point of Curvature of a circular curve
concave to the Southeast,, thence run Southwesterly along are of said curve concave to the
Southeast, having a radius of 20.00 foot, througt a central angle of 87'13'28', for an arc
distance of 30,15 feet to the Point of compound curvature with the arc of a olrcular curve to
the 'left; thence run Southerly, along the are of Bald circular curve to the left, having a radius
of 1874.86 feet, through a central angle of 02'7.6'14', for an are distance of 81.02 feet to the
Point of Intersection with the South line of said Lot 6; thence run South 87.43'46" West, along
the South line of said Lot 6, for a distance of 10.00 fest to he Southwest comer of said Lot
6; thence run North 01'68'42" West along the West line of sold Lots 6 and 5, for a distance
of 100.OZ feet to the Point of Beginning.
06- allos'I,c I
Zoning Board Action for Special Exception
Motion: I move that the request on agenda item # & be
(granted) in that the requirements of Article 16 (were) (wer
satisfied by relevant evidence in the record of the public h
a) as stated in the City's finds or fact, or
b) as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning Board, in its decision to (grant) (deny) the special exception, shall
make written findings that the applicable requirements of this zoning Ordinance,
Section 1305 (have) (have not) been met.
Circle appropriate condition(s):
1305.1 Ingress and Egress
Due consideration shall be given to adequacy of ingress and
egress to the property and structure and uses thereon, with
-particular reference to -automotive and -pedestrian safety and
convenience, traffic flow and control and access in case of fire and
emergency.
1305.2 Offstreet Parking and Loading
Due consideration shall be given to offstreet parking and loading
facilities as related to adjacent street, with particular reference to
automotive and pedestrian safety and convenience, internal traffic
flow and control, arrangement in relation to access in case of fire or
other -emergency -and -screening -and -landscaping.
1305.3 Refuse and Service Ares
Due consideration shall be given to the location, scale, design and
screening of refuse and service areas to the manner in which
refuse is to be stored and to the manner and timing of refuse
collection and deliveries, shipments or other service activities, as
such matters relate to the location and nature of uses on adjoining
properties and to the location and character of adjoining public
ways.
1305.4 Signs and Lighting
Due consideration shall be given to the number, size, character,
location and orientation of proposed signs and of proposed lighting
for signs and premises, with particular reference to traffic safety,
glare and compatibility and harmony with adjoining and nearby
property and the character of the area.
1305.5 Utilities
Due consideration shall be given to utilities required, with particular
reference to availability and capacity of systems, location of
connections and potentially adverse appearance or other adverse
effects on adjoining and nearby property and the character of the
area.
1305.6 Drainage
Due consideration shall be given for drainage, with particular
reference to effect on adjoining and nearby properties and on
general drainage systems in the area. Where major drainage
volumes appear likely and capacity of available systems is found
marginal or inadequate, consideration shall be given to possibilities
for recharge of groundwater supply on the property, temporary
retention with gradual discharge, or other remedial measures.
1305.7 Preservation of Natural Features
Due consideration shall be given to provision for the preservation of
existing vegetation and geological features whenever possible.
1305.8 Control of Potentially Adverse Effects Generally
In addition to consideration of detailed elements indicated above,
as appropriate to the particular class or kind of special permit and
the circumstances of the particular case, due consideration shall be
given to potentially adverse effects generally on adjoining and
nearby properties, the area, the neighborhood or the City of use or
occupancy as proposed, or its locations, construction, design,
character, scale or manner of operation. Where such potentially
--adverse -effects are found, consideration -shall -be given to special
-remedial measures appropriate in the particular circumstances of
the case, including screening or buffering, landscaping, control of
manner or hours -of operation, alteration of use of such space, or
such other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of
Darby property.
414RL _FA701 w
Signatu Print Name
q_1
Agenda Item Date