HomeMy WebLinkAboutVariance ZB ResoMiami Zoning Board
Resolution No.: ZB-R-09-0058
Monday, September 21, 2009
Mr. Cornelius Shiver offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000,
THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF
THE VARIANCE AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE MIAMI ART
MUSEUM PROJECT, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4,
SECTION 401, "PR" PARKS, RECREATION AND OPEN SPACE, TO ALLOW A
RELAXATION OF THE TERMS OF THE ORDINANCE FOR REQUIRED OFF-STREET
PARKING SPACES, SUBJECT TO ALL APPLICABLE CRITERIA, PROPOSED 220
SPACES, MINIMUM REQUIRED 242 SPACES, REQUEST TO WAIVE 22, FOR THE
PROPERTY LOCATED AT A PORTION OF APPROXIMATELY 1075 BISCAYNE
BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED "PR" PARKS, RECREATION
AND OPEN SPACE.
Upon being seconded by Mr. Richard Tapia,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin
Mr. Ron Cordon
Mr. Charles A. Garavaglia
Ms. Ileana Hernandez -Acosta
Mr. Lazaro Lopez
Mr. Juvenal A. Pina
Mr. Cornelius Shiver
Mr. Richard Tapia
Mr. Angel Urquiola
Mr. Miguel Gabela
Yes
Away
Yes
Away
Yes
Yes
Yes
Yes
Yes
Yes
AYE: 8
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 8-0
Ane Rodriguez
Hearing Boards
File ID#: 09-00024v Z.7
Zoning Board Action on Petition for Variance
Motion: Iat the request on agenda item # 7 be (denied)
C(�L-'ranted�n that the requirements of Section 1903.1 (were) (were
no )sfied by relevant evidence in the record of the public
hearing.
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 shall make findings that all of the requirements and standards
of Section 1903.1 (have been) (have not been) demonstrated.
Circle appropriate condition(s):
a) Special conditions and circumstances (exist) (do not 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
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
b) The special conditions and circumstances (do) (do not) result
from the actions of the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
c) Literal interpretation of the provisions of zoning ordinance
(would) (would not) deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district under the
terms of the zoning ordinance and work unnecessary and undue
hardships on the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
d) Granting the variance requested (will) (will not) convey the same
treatment to the individual owner as to the owner of other lands,
buildings or structures in the same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
e) Granting the variance requested (will) (will not) convey the same
treatment, any special privilege that is denied by the zoning
ordinance to other lands, buildings or structures in the same zoning
district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
f) If granted, the variance (will be) (will not be) in harmony with the
general intent and purpose of the zoning ordinance and will not be
injurious to the neighborhood, or otherwise detrimental to the public
welfare
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
Agenda Item
Print Name
Date
5-C .1-05