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Resolution No.: 2004-0913
Monday, July 26, 2004
Mr. Miguel Gabela 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 VARIANCE FROM ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, OFFSTREET PARKING REQUIREMENTS
FOR BARS, TO WAIVE 10 OF THE REQUIRED 15 PARKING SPACES, 4 SPACES PROVIDED
(LEGAL NONCONFORMING CREDIT, 1 SPACE) FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1252 SOUTHWEST 22ND STREET, LEGALLY DESCRIBED AS LOT 5 AND
THE EAST 25 FEET OF THE WEST 75 FEET OF LOT 16, BLOCK 61, EAST SHENANDOAH
(14-55), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED
COMMERCIAL WITH AN SD-23 CORAL WAY SPECIAL OVERLAY DISTRICT. THIS
VARIANCE WAS 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 BY THE PLANNING AND ZONING DEPARTMENT: 1) IF THE
STRUCTURE FOR WHICH THE VARIANCE IS GRANTED TERMINATES FOR ANY REASON
(INCLUDING AN ACT OF GOD), THE VARIANCE SHALL TERMINATE AND 2) RECORDATION
OF THESE CONDITIONS IN THE PUBLIC RECORDS (AFTER REVIEW AND APPROVAL
FROM THE CITY ATTORNEY'S OFFICE), AT THE EXPENSE OF THE APPLICANT PRIOR TO
THE ISSUANCE OF A BUILDING PERMIT.
Upon being seconded by Mr. Georges William,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers No
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia No
Ms. Ileana Hernandez -Acosta Yes
Mr. Carlos Martell No
Mr. Juvenal A. Pina Yes
Mr. Allan Shulman Away
Mr, Angel Urquiola Yes
Mr. Georges William Yes
AYE: 5
NAY: 4
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 5-4
Teresita L. Fernandez, Executive Secretary
Hearing Boards
Case No. 2004-0828 Item Nbr: 14
Zoning Board Action on Petition for Variance
Motion: mow that the request on agenda item # I g be (denied)
me in that the requirements of Section 1903.1 e) (were
n 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:
Sign Print Print Name
' +
Agenda Item Date