HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No.: 2004-0923
Monday, September 13, 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 DENIAL TO THE CITY COMMISSION OF
A VARIANCE AS PART OF A SUBSTANTIAL MODIFICATION OF A MAJOR USE SPECIAL
PERMIT FOR THE SOUTH BAYSHORE TOWER PROJECT, FROM ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION
605, TO ALLOW A SIDE SETBACK OF 8'8" ON SE 13 STREET (15'0" REQUIRED) FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 1300 & 1390 BRICKELL BAY DRIVE, 180
SOUTHEAST 13TH STREET AND 171 & 183 SOUTHEAST 14TH STREET, LEGALLY
DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA; ZONED SD-5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL
DISTRICT.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia No
Ms. Ileana Hernandez -Acosta Away
Mr. Carlos Martell Yes
Mr. Juvenal A. Pine Yes
Mr. Allan Shulman Yes
Mr. Angel Urquiola Yes
Mr. Georges William Yes
AYE: 8
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 8-1
Teresita L. Fernandez, Executive S- retary
Hearing Boards
Case No. 2004-0875
Item Nbr:
12
Exhibit "A"
LEG4{ DESCRF'IlON.'
FORCE A tot 20, less the West ZOO feel thereof, and air of Lot 22, *AMENDED PUT
OF MIR400 COURT', according to the Plot thereof recorded in Plat Book
14, Poge 44 of the Pubic Records of AfiarnN-Oode County, Florida,
PARCEL B
Lot Z less the west .i2 feet thereof, al of lot 8 and the West 100 lee( of Lot
9, of 7414111t4y5' 500111310111 of Lot 26 And North t/2 of Lot 2?,
Block 105 South, tROCKCLL' S ADMIX 1 CITY Of MAW, according
to the Plat thereof recorded a4 Plat Book 1, Poge 184 of the Put* Records of
Miami -Dade County, Florida, subject to Me roadway dedication per ait
Book 11297 of Poge 2276 of the Palk Records of Bode Counnty, Florida of
the South 10. 00 feet of the herein described parcel
Lots 24 Ind ' 25 , AMKNORD PLAT OF MIKADO COURT. •ccardln2 to the
Plat thereof, as recorded in Plat 6tsok 14 at page 44 of the
Public Records of Oade County, Florida,
•
Zoning Board Action on Petition for Variance
Motion: l move that the request on agenda item # be denied) ---
(granted) in that the requirements of Section 1903.1 (were) rrere-
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) o 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
a'S stated in the City's findings of fact
)::,,as demonstrated by the petitioner
as otherwise stated below:
b) The special conditions and circumstances (do) (don r: 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:
Print Name
4/ J3.0
Date