HomeMy WebLinkAboutVariance AnalysisAnalysis for Variance for the
VISTA BISCAYNE MUSP
located at
436, 446 and 452 NE 29th Street
Case No. 2005-0971
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:
Front Yard Setback: Required - 20'-0" (NE 29th Street)
Proposed - 5'-0"
Request to Waive —1 S'-0 "
The following findings have been made:
• It is found that the project is proposing, starting at the second level, residential unit
along NE 29th Street, which responds to good urbanism principles and the criteria of
section 1305 of the Zoning Ordinance 11000 as used for design review since this
application is a component of a MUSP. The depth of subject property and its location
would not allow for the unit, staring from the second level and beyond, to be built
unless this front yard variance is granted above the ground level. In addition, in order
for the applicant to provide units lining the proposed parking garage structure and at
the same time be able to design an efficient parking garage which responds to the
Planning and Zoning Department Internal Design Review Committee comments, the
requested side front variance is needed and will be justified.
• It is found that the grant of this variance in and of itself, for the uses that the applicant
is requesting, is in harmony with the general intent and purpose of the R-4
"Multifamily High -Density Residential" and with SD-20.1 `Biscayne Boulevard
Edgewater Overlay District".
Based on these findings, the Planning Department is recommending approval of the
application with the following condition.
1. The approval of this variance shall be per plans on file and the project
should comply with the design comments and conditions of the Internal
Design Review Committee and the MUSP Development Order.
Yes No N/A
ANALYSIS FOR VARIANCE
CASE NO. 2005-0971
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.