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Resolution No.: 2004-0826
Monday, February 23, 2004
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 TO THE CITY COMMISSION
OF THE VARIANCE AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE
METROPOLITAN MIAMI PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, SECTION 401 OF THE ZONING CODE TO
PERMIT SETBACK 0'0" FROM SOUTHEAST 4TH STREET WHERE 5'0" IS REQUIRED FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 200 AND 300 SOUTHEAST 3RD STREET
AND 200 SOUTHEAST 2ND STREET, LEGALLY DESCRIBED AS LOTS 1 THROUGH 8,
INCLUSIVE, BLOCK 2, TOGETHER WITH ALL OF BLOCKS 3 AND 4, DUPONT PLAZA (50-11),
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED CBD CENTRAL BUSINESS
DISTRICT. THIS VARIANCE WAS RECOMMENDED FOR APPROVAL TO THE CITY
COMMISSION WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY
THE PLANNING AND ZONING DEPARTMENT: 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 J. Flowers,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr. Miguel Gabela Abst
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman Yes
Mr. Angel Urquiola Yes
Mr. Georges William Yes
AYE: 9
NAY: 0
ABSTENTIONS: 0
NO VOTES: 1
ABSENT: 0
Ms, Fernandez: Motion carries 9-0
jr
Teresita L. Fernandez, Executive Secretary
Hearing Boards
Case No. 2004-0765
Item Nbr:
14
Zoning Board Action on Petition for Variance
Motion: 1 move that the request on agenda item # I '4 be (denied)
(• r- ed) ,' that the requirements of Section 1903.1 (were) (were
isfied by relevant evidence in the record of the public
hearing.
Ca).) as stated in the City's finds or fact, or
Aas 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:
Si r- Print Name
O-4
Date