HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: 2004-0841
Monday, April 12, 2004
Mr. Carlos Martell 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 GRANTED THE VARIANCES FROM ORDINANCE NO,
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN REQUIRED PARKING, TO
WAIVE 50 OF THE REQUIRED 58 PARKING SPACES (LEGAL NONCONFORMING PARKING
CREDIT, 8 SPACES, PROPOSED 0) AND ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, MAXIMUM ALLOWED BUILDING FOOTPRINT, TO ALLOW A
MAXIMUM BUILDING FOOTPRINT OF 4,217 SQUARE FEET (3,334 MAXIMUM ALLOWED,
REQUEST TO INCREASE 883 SQUARE FEET) FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3138 SOUTHWEST 22ND STREET, LEGALLY DESCRIBED AS LOT 6,
BLOCK 3, MIAMI SUBURBAN ACRES (4-73), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. THESE VARIANCES WERE GRANTED
PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1)
THE APPLICANT HAS PROFFERED A COVENANT STATING THAT THE COVENANT BE TIED
TO THE CERTIFICATE OF USE, 2) WILL MAINTAIN THE REQUIRED 50 SPACES (WITH
RENEWABLE LEASE), 3) THE VARIANCE SHALL RUN WITH THIS OPERATOR, 4) PARKING
SHALL BE ONLY IN THE COMMERCIAL AREAS AND 5) IF APPLICANT PROVIDES THE
REQUIRED PARKING WITHOUT LEASE, THE COVENANT WILL CEASE.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia Away
Ms. lleana Hernandez -Acosta Away
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman Yes
Mr. Angel Urquiola Yes
Mr. Georges William Yes
AYE: 7
NAY: 1
ABSTENTIONS:
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 7-1
Teresita L. Fernandez, Executive Secr
Hearing Boards
Case No. 2003-0736
Item Nbr:
2
Zoning Board Action on Petition for Variance
Motion: I m_ov that the request on agenda item # 2 be (denied)
ranted): in that the requirements of Section 1903.1 (were) (were
not) satisfied by relevant evidence in the record of the public
hearing.
a) as stated in the City's finds or fact, or
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:
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:
Print Name
4/2 /'o
Agenda Item Date