HomeMy WebLinkAboutVariance Analysis•
•
•
Analysis for Variance for the
South Bayshore Tower Substantial Modification
of the Major Use Special Permit
located at
1300 & 1390 Bricker Bay Drive, 180 SE 13th Street and 171 &
183 SW 14th Street
Case No. 2004-0875
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" (SE 13th Street)
Proposed - 8'-8"
Request to Waive — 6 -4"
The following findings have been made:
• It is found that the originally approved MUSP, with variances, for the proposed
project was found to have a substantial hardship, which limited reasonable use of the
property and therefore justified the requested setback variance in that the property was
of such a shape that efficient parking could not be obtained without relief; however,
the proposed modification adds more land to the proposal and results in a
configuration which no longer qualifies as hardship.
• It is found that even though the project provides retail along the ground floor of the
newly added area, which responds to good urbanism principles and the criteria of
section 1305 of the Zoning Ordinance 11000, the requested variance is not justified
and the project should be re -designed to comply with setback requirements.
• It is found that the uses that the applicant is requesting, are in harmony with the
general intent and purpose of the SD-5 "Brickell Avenue Area Residential -Office
District" even though no hardship exists for the requested variance;, however, if the
Zoning Board finds hardship, and the requested variance is approved, the final design
should be altered to provide better liner uses along parking garage facades.
Based on these findings, the Planning and Zoning Department is recommending
denial of the application.
•
•
ANALYSIS FOR VARIANCE
CASE NO, 2004-0875
Yes No N/A
Special conditions and circumstances exist which are peculiar to the property.
C ❑"1 Special conditions are result of petitioner's actions.
❑ Literal interpretation of ordinance causes undue hardship on petitioner.
❑ ❑ Granting variance conveys same treatment to owner.
J ❑ Variance, if granted, is the minimum variance for reasonable use of property.
❑❑ ❑ Is in harmony with general intent and purpose of ordinance.
P
❑ ❑
❑ ❑ ❑