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