HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCE
1840 Micanopy Avenue
CASE NO: 2003-0718
Pursuant to Section 401 of Ordinance 11000, as amended, The Zoning Ordinance of the
City of Miami, Florida, the subject proposal has been reviewed for Variance as follows:
Variance for front setback:
Required - 20' 0"
Proposed - 5' 0"
Request to waive - 15'-0"
The following findings have been made:
• It is found that the subject property went to the Historic and Environmental Preserva-
tion Board (HEPB) for the removal of trees in conjunction with the construction of a
single-family residence. The Historic and Environmental Preservation Board's resolu-
tion was to approve with a condition that the Oak Tree (tree #12 on the submitted
survey) located approximately fifteen (15'-8") feet eight (8) inches from the rear of
the property be retained.
• It is found that the petition qualifies for hardship under Section 1903.2(a) of Zoning
Ordinance 11000 in order to preserve the existing Oak Tree and also obtain reason-
able use of the property in that a relaxation of the tercus of the Zoning Ordinance is
necessary. However, the degree of relaxation of the front setback proposed is not the
minimum necessary for the reasonable use of the land under Section 1903.2 (e).
• It is found that since the proposed residence is new construction, it should be de-
signed to have a minimum front yard setback of ten (10) feet in order to maintain the
prevalent character of airflow and green along Micanopy Avenue.
• It is found that the grant of this variance, upon compliance with the condition set forth
below, is in harmony with the general intent and purpose of the Zoning Ordinance and
would not be injurious to the neighborhood.
Based on these findings, the Planning and Zoning Department is recommending
approval of the requested front yard setback variance with the following condition:
1. A complete new set of plans (including a new site and landscape plan with
specifications), incorporating a minimum front yard setback of ten (10) feet
where twenty (20) feet is required shall be submitted for review and approval
by the Planning and Zoning Department prior to the issuance of any building
permits.
ANALYSIS FOR VARIANCE
CASE NO. 2003-0718
Yes No N/A
❑ Special conditions and circumstances exist which are peculiar to the property.
Special conditions are result of petitioner's actions.
C _ Literal interpretation of ordinance causes undue hardship on petitioner.
Granting variance conveys same treatment to owner.
Variance, if granted, is the minimum variance for reasonable use of property.
Is in harmony with general intent and purpose of ordinance.
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