HomeMy WebLinkAboutVariance AnalysisAnalysis for Variance for the
ONYX2 MUSP
located at
421, 429, 435, 455 and 460-62 NE 28th Street
Case No. 2004-0857
Pursuant to Section 401 of Ordinance 11000, as amended, The Zoning Ordinance of the
City of Miami, Florida, the subject proposal has been reviewed for Variance as follows:
Side Yard Setback: Required - 15'-0" (NE 28th Street)
Proposed - 0'-0"
Request to Waive — 5'-0"
The following findings have been made:
• It is found that the narrow width of subject property is a substantial hardship, which
limits reasonable use of the property and therefore justifies the requested setback
variance. The special condition attached to the subject property, which justifies the
requested variance, is the property's narrow width in conjunction with its zoning
classification.
• It is 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, along an unusually narrow piece of property.
• It is found that the project is proposing walkup residential unit along NE 28th Street,
which responds to good urbanism principles and the criteria of section 1305 of the
Zoning Ordinance 11000 as used for design review since this application is a
component of a MUSP. The narrowness of subject property and its and location
would not allow for walkup unit to be built unless this side yard variance is granted.
In addition, in order for the applicant to provide units lining the proposed parking
garage structure and at the same time be able to design an efficient parking garage
which responds to the Planning and Zoning Department Internal Design Review
Committee comments, the requested side yard variance is needed and will be
justified.
• It is found that granting of this variance in and of itself will not have an adverse effect
on the adjacent area from the perspective of a floor plate level; however, the
implementation of the remainder of the project may not be consistent with other
application criteria of Zoning Ordinance 11000.
• It is found that the grant of this variance in and of itself, for the uses that the applicant
is requesting, is in harmony with the general intent and purpose of the R-4
"Multifamily High -Density Residential" and with SD-20 "Edgewater Overlay
District" districts.
Based on these findings, the Planning and Zoning Department is recommending
approval of the application with the following condition.
1. The approval of this variance shall not be per plans on file and the project
should be re -designed to comply with the design comments and conditions of
the Internal Design Review Committee and the MUSP Development Order.