HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.. 2004-0911
Monday, July 26, 2004
Mr. Juvenal A. Pina 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 ONYX2 ON
THE BAY PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, REQUIRED SIDE STREET YARD, TO ALLOW A SIDE STREET YARD
SETBACK OF 0'0" (15'0" REQUIRED) FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 421, 429, 435, 455 AND 460-62 NORTHEAST 28TH STREET, LEGALLY
DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL WITH AN SD-
20 EDGEWATER OVERLAY 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 CONDITIONS: 1) THE APPROVAL OF THIS VARIANCE SHALL NOT BE PER
PLANS ON FILE AND THE PROJECT SHOULD BE REDESIGNED TO COMPLY WITH THE
DESIGN COMMENTS AND CONDITIONS OF THE INTERNAL DESIGN REVIEW COMMITTEE
AND THE MUSP DEVELOPMENT ORDER AND 2) THE APPLICANT VOLUNTARILY
PROFERS TO RETURN FOR A PRESENTATION OF THE PROJECT.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers No
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Abst
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta No
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman Away
Mr. Angel Urquiola Yes
Mr, Georges William Yes
AYE: 6
NAY: 2
ABSTENTIONS: 1
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-2
f
. 4
Teresita L. Fernandez, Executive Se
Hearing Boards
Case No. 2004-0857
Item Nbr:
10
08/05/04 14:12 GREENBERG TRAURIG 4 G — M
NCO.642
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Zoning Board Action on Petition for Variance
Motion: I move that the request on agenda item # 10 be (denied)
(granted) 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
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:
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:
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Print Name
1 -Z n
Agenda Item Date