HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: 2004-0910
Monday, July 26, 2004
Mr. Joseph H. Ganguzza 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 VARIANCES AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE URBANEA
PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
REQUIRED FRONT YARD, TO ALLOW A FRONT YARD SETBACK ON SOUTHWEST 15TH
STREET OF 6'10" (10'0" REQUIRED), AND TO ALLOW A FRONT YARD SETBACK ON
SOUTHWEST 16TH STREET OF 6'10" (10'0" REQUIRED); ARTICLE 9, SECTION 907.3.2,
ALLOWED BUILDING IN REAR RESIDENTIAL DISTRICT, ALLOWED BUILDING HEIGHT 40
FEET PLUS 1:2 SLOPE THEREAFTER, PROPOSED ENCROACHES 12" OF THE 1:2 SLOPE;
ARTICLE 9, SECTION 915,1.1, EXCLUDED PORTIONS OF STRUCTURES, HEIGHT
LIMITATIONS, ALLOWED EXCLUDED PORTIONS 10 FEET, PROPOSED UP TO AN
ADDITIONAL 10 FEET, REQUEST TO INCREASE UP TO 10 FEET AND ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, ALLOWED BUILDING FOOTPRINT,
ALLOWED BUILDING FOOTPRINT OF 21,056 SQUARE FEET, PROPOSED 22,550 SQUARE
FEET, REQUEST TO INCREASE AN ADDITIONAL 1,494 SQUARE FEET FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 1501-21 SOUTHWEST 37TH AVENUE, 3686-
88 SOUTHWEST 15TH STREET AND 3685-87 SOUTHWEST 16TH STREET, LEGALLY
DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL AND C-1 RESTRICTED
COMMERCIAL. THESE VARIANCES WERE RECOMMENDED FOR APPROVAL TO THE CITY
COMMISSION PER PLANS ON FILE WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Mr. Georges William,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers
Mr. Miguel Gabela
Mr. Joseph H. Ganguzza
Mr. Charles A. Garavaglia
Ms. [leans Hernandez -Acosta
Mr. Carlos Martell
Mr. Juvenal A. Pina
Mr. Allan Shulman
Mr. Angel Urquiola
Mr, Georges William
AYE:
NAY:
ABSTENTIONS:
NO VOTES:
ABSENT:
Ms. Fernandez: Motion carries 9-0
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Away
Yes
Yes
9
0
0
0
1
Teresita L. Fernandez, Executive Sctary
Hearing Boards
Case No. 2004-0854 Item Nbr:
•
•
•
Exhibit "A"
LEGWDESCRIPTION FOR MUSP
DESCRFIION
Rip 01-410-024-1130 - 1501-21 S.W. 37 Avenue, Miami, Fi
Lob I. 2. 23 ald 24 Bock & Ins the West MOO hot fo, Shut 6W
kne the South 10.00 het of Lot 23, INcdc II for Street of focksoo4
moiling to the FM therm( as nomad Flot Soak 7 at
Ave of the Puhlic Mardi of ItIonil-Oode Conbc &Ms
FOUO NO.:01-4/00-004-1150 - 3686-88 S.W. 15 Street, Miami, Fl
Lot AOlocir0 Bighr0004
occordbg to the Plot thoroot ao rocaded h Mot Onik 7 ot
Pope St if the helic Records of hilamHkede Counts &Oh
Rio #3.: of...4109_a24.4320 - 3685-87 S.W. 16 Street, Miami, Fi
Lot 22. Ws &eh 10.00 het for Shoe Sock len rip-0-m
Nook o Englowooct wording to the PM Immo( or recanted
In Rot Oa* 7 ot Pop 38, of the Pubk hoards of likeret-fkok
co Florldo.
Zoning Board Action on Petition for Variance
Motion: I move that the request on agenda item # be (denied)
anted) in that the requirements of Section 1903.1 (were) (were
no satisfied by relevant evidence in the record of the public
hearing.
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:
7_ etc—G`i
Date