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Resolution No.: 2004-0877
Monday, June 14, 2004
Mr. Juvenal A. Pina offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000,
THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE
CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 42, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL WITH AN SD-23 CORAL WAY SPECIAL
OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265
AND 3269 SOUTHWEST 22ND TERRACE, LEGALLY DESCRIBED AS LOTS 32, 33 AND 34,
LESS THE SOUTH 10 FEET THEREOF, BLOCK 4, AMENDED PLAT OF MIAMI SURBURBAN
ACRES (4-73), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2 TWO-
FAMILY RESIDENTIAL.
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 Yes
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavagtia Yes
Ms. Ileana Hernandez -Acosta Yes
Mr. Carlos Martell No
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman Yes
Mr. Angel Urquiola No
Mr. Georges William No
AYE: 6
NAY: 3
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-3
Teresita L. Fernandez, Executive Sec
Hearing Boards
Case No. 2004-0796
Item Nbr:
2
Miami Zoning Board
Motion No.: 2004-0889
Monday, June 14, 2004
Mr. Juvenal A. Pina offered the following resolution and moved its adoption
Resolution:
A MOTION OF THE ZONING BOARD RECOMMENDING APPROVAL TO CHANGE THE
ZONING FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL WITH
AN SD-23 CORAL WAY SPECIAL OVERLAY DISTRICT FOR LOT 34 AND SD-12 BUFFER
OVERLAY DISTRICT OVER THE REMAINING LOTS 32 AND 33.
Upon being seconded by Mr. Miguel Gabela,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers No
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. lleana Hernandez -Acosta Yes
Mr. Carlos Martel! No
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman No
Mr. Angel Urquiola Yes
Mr. Georges William Yes
AYE: 6
NAY: 3
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-3
Teresita L. Fernandez, Executive Secretary
Hearing Boards
Case No. 2004-0796 item Nbr: 2
Section 2210. Nature and Requirements of Zoning Board
Report to City Commission
Circle appropriate condition(s):
When pertaining to the rezoning of land under application made under Article 22, the report and
recommendation of the Zoning Board shall show that the Zoning Board has studied and considered,
where applicable, whether or not:
a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and
does not require a plan amendment.
b) The proposed change is in harmony with the established land use pattern.
c) The proposed change is related to adjacent and nearby district.
d) The change suggested is not out of scale with the needs of the neighborhood or the city.
e) The proposed change maintains the same or similar population density pattern and thereby does not
increase or overtax the load on public facilities such as schools, utilizes, streets, etc.
f) Existing district boundaries are illogically drawn in relation to existing conditions on the property
proposed for change.
g) Changed or changing conditions make the passage of the proposed change necessary.
h) The proposed change positively influences living conditions in the neighborhood.
i) The proposed change has the same or similar impact on traffic and does not affect public safety to a
greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the existing classification.
k) The proposed change has the same or similar impact on light and air to adjacent areas as the
existing classification.
I) The proposed change has the same or similar impact on property values in the adjacent area as the
existing classification.
m) The proposed change will contribute to the improvement or development of adjacent property in
accord with existing regulations.
n) The proposed change conveys the same treatment to the individual owner as to owners within the
same classification and the immediate area and furthers the protection of the public welfare.
o) There are substantial reasons why the use of the property is unfairly limited under existing zoning.
p) It is difficult to find other adequate sites in the surrounding are for the proposed use in districts
already permitting such use.
Motion: After considering We factors set forth in Section 2210 of Ordinance No. 11000, I move that the
request on genda i m # be recommended to the City Commission for (approval) (denial).
Signature
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