HomeMy WebLinkAboutVariance AnalysisAnalysis for Variance for the
District Lofts MUSP
located at
2751 Biscayne Boulevard and
328-338 NE 28th Street
Case No. 2005-0942
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 Street Yard Setback:
Required - 7'-6" (NE 28th Street)
Proposed - 4'-0"
Request to Waive — 3'-6"
The following findings have been made:
• It is found that the proposed mixed -use project will benefit the area bounded by NE
28th Street (to the north) and NE 27th Street (to the south) at Biscayne Boulevard by
creating new residential units, retail and office spaces.
• It is found that the project has an additional six (6) feet of dedication along NE 28th
Street, which makes it very hard for the project to responds to good urbanism
principles. In order for the applicant to provide liner program in front of the parking
garage and respond to the Planning Department Internal Design Review Committee
comments for good urbanism practices, the requested side street yard variance is
needed and will be justified.
• It is found that granting of this variance will not have an adverse effect on the
adjacent area due to the particular nature of the use proposed.
• It is found that the grant of this variance, for the uses that the applicant is requesting,
is in harmony with the general intent and purpose of the SD-20 "Edgewater Overlay
District" and R-4 "High Density Multi -Family Residential" district and is not
injurious to the neighborhood.
Based on these findings, the Planning Department is recommending approval of the
application as presented.
Yes No N/A
ANALYSIS FOR VARIANCE
CASE NO. 2005-0942
Special conditions and circumstances exist which are peculiar to the property.
Special conditions are result of petitioner's actions.
Literal interpretation of ordinance causes undue hardship on petitioner.
Granting variance conveys same treatment to owner.
Variance, if granted, is the minimum variance for reasonable use of property.
Is in harmony with general intent and purpose of ordinance.