HomeMy WebLinkAboutVariance AnalysisANALYSIS FOR VARIANCES AS A COMPONENT OF A
MAJOR USE SPECIAL PERMIT
METROPOLITAN MIAMI
CASE NO: 2004-0765
The requested Variances are a component of a Major Use Special Permit application for
the purpose of allowing a Mixed Use Project comprise of three parcels in downtown
Miami in excess of 200 units (1,500 units proposed), with office and retail (9,000 square
feet of office space and over 218,500 square feet in ground and second floor retail space);
and for allowing a development with an excess of 500 parking spaces (3,362 spaces
proposed). Located at approximately SE 2nd Avenue and Biscayne Boulevard and SE 2nd
Street and Biscayne Boulevard Way (see attached zoning write-up, legal description,
location maps and aerial photographs for exact property boundaries).
Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to
permit a structure with the following setback:
Setback (SE 4`h Street)
required: 5'-0„
proposed: 0'-0„
Request to waive: S'-0"
In determining the appropriateness of the Variance for the proposed mixed -use
project the following findings have been made:
• It is found that the proposed mixed -use project will benefit the Downtown District by
creating new housing opportunities for residents and employees of the area.
• It is found that the subject parcels of land are located at the heart of the CBD "Central
Business District". It is also found that the setback variance is being requested in
order to develop a project, which can provide an effective parking garage, along with
ground level pedestrian activities, and a residential tower above while allowing for
additional traffic lane widths on adjacent right-of-way in order to allow the City to
implement a component of its Downtown Transportation Plan.
• It is found that this situation constitutes hardship in that it is specific to this site and
the need for traffic flow improvements was not the result of petitioner's actions, but
rather a circumstance of downtown.
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• It is found that the proposed project offers the most reasonable solution to the design
problem facing this particular site.
Based on these findings, the Planning and Zoning Department is recommending
approval of the requested variance as a component of a Major Use Special Permit
with the following condition:
1- This approval shall be subject to all additional conditions specified in the final
development order of Major Use Special Permit for the project.
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Yes No N/A
ANALYSIS FOR VARIANCE
CASE NO. 2004-0765
Special conditions and circumstances exist which are peculiar to the property.
Special conditions are result of petitioner's actions.
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.