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HomeMy WebLinkAboutVariance ZB ResoMiami Zoning Board Resolution No.: 2003-0798 Monday, December 15, 2003 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL OF THE VARIANCES AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE BLUE AT CORAL WAY PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, AN UPPER LEVEL SETBACK, REQUIRED FRONT YARD AND MAXIMUM ALLOWED BUILDING FOOTPRINT, TO ALLOW A FRONT YARD UPPER LEVEL SETBACK OF 10'0" (30'0" REQUIRED), A FRONT YARD SETBACK (ARCADE) OF 0'0" (10'0" REQUIRED) AND TO ALLOW BUILDING FOOTPRINT OF 39,000 SQUARE FEET (29,846 SQUARE FEET MAXIMUM ALLOWED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3163, 3165 AND 3175 SOUTHWEST 22ND TERRACE AND 3170 SOUTHWEST 22ND STREET, LEGALLY DESCRIBED AS LOTS 11 THROUGH 15, INCLUSIVE, LESS STREET RIGHT-OF-WAY AND LOTS 28 THROUGH 31, LESS THE SOUTH 10 FEET, BLOCK 3, AMENDED PLAT OF MIAMI SUBURBAN ACRES (4-73), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL. THESE VARIANCES WERE GRANTED WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) THE APPLICANT SHALL PRESENT FINAL DESIGN DETAILS ON THE FACADES, INCLUDING COLOR, MATERIALS AND FINAL LANDSCAPE PLANS FOR REVIEW AND APPROVAL BY THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, 2) THAT CURB AND GUTTERS AS DEEMED APPROPRIATE BY THE PUBLIC WORKS DEPARTMENT ON SOUTHWEST 22ND TERRACE AND 3) THIS APPROVAL SHALL BE SUBJECT TO ALL ADDITIONAL CONDITIONS AS SPECIFIED IN THE FINAL DEVELOPMENT ORDER OF THE MAJOR USE SPECIAL PERMIT FOR THE PROJECT. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr, Charles J. Flowers Mr. Miguel Gabela Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. lleana Hernandez -Acosta Mr. Carlos Martell Mr. Juvenal A. Pine Mr. Allan Shulman Mr. Angel Urquiola Mr. Georges William AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 8-0 Yes Yes Yes Yes Yes Away Away Yes Yes Yes 8 0 0 0 2 is Teresita L. Fernandez, Executive S Hearing Boards tary Case No. 2003-0739 Item Nbr: 9 Zoning Board Action on Petition for Variance Motion: I mov- ■ ..t the request on agenda item # q be enied) rante -r n that the requirements of Section 1903.e))(were no atisfied by relevant evidence in the record o e public hearing. 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: Si4natu i `,a Agenda Item 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: 1S-1503 Date