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HomeMy WebLinkAboutZB ResoMiami Zoning Board Resolution No.: 2005-1005 Monday, March 14, 2005 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 21, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-1 RESTRICTED COMMERCIAL AND C-2 LIBERAL COMMERCIAL TO C-1 RESTRICTED COMMERCIAL WITH AN SD-20 EDGEWATER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2932-3030 NORTHEAST 2ND AVENUE, 3110-3128 NORTHEAST 2ND AVENUE, 2930-3090 NORTHEAST 1ST COURT, 160 NORTHEAST 30TH STREET AND 145-169 NORTHEAST 29TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL AND C-2 LIBERAL COMMERCIAL. Upon being seconded by Mr. Carlos Martell, 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 Yes Ms. lleana Hernandez -Acosta Away Mr. Carlos Martell Yes Mr. Juvenal A. Pine Yes Mr. Angel Lirquiola Away Mr. Georges William Yes AYE: 7 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 7-0 Teresita L. Fernandez, Ehcecutive Secr Hearing Boards Case No. 2005-0947 Item Nbr: 6 Exhibit "A" LEGAL DESSRIPDON OF THE LAW LOTS i THROUGH 7, BLOCK 2 AND LOTS it THROUGH{ 14, BLOCK 3 AND LOTS 6 AND 7, BLOCK 4, LOTS 1 THROUGH 5, BLOCK 5 AND LOTS 12 THROUGH 16, BLOCK 1, OF WEST BROADMOOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 60 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND TRACTS AND "r OF THATCHER SUBDMSION, ACCORDING TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 126, AT PAGE 68 OF THE PUBUC RECORDS OF MIAMI-DALE COUNTY, FLORIDA, TRACT A AND LOTS 1 THROUGH 7 OF WESTERN BOULEVARD TRACT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, AT PAGE 108 THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA LESS THE EAST 10.00 FEET OF LOTS 1, 2, 3, 4, AND 7, BLOCK 2 OF WEST BROADMOOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, AT PAGE 60 OF THE PUBLIC RECORDS OF 61N MI-DADE COUNTY, FLORIDA, AND LESS THE NORTH 2.5 FEET OF LOT 1 EXCEPT. THE EAST 10 FEET THEREOF, BLOCK 2, THE NORTH 2.5 I tt i OF LOT 14, BLOCK 3, AND THE SOUTH 2.5 FEET OF LOTS 16 AND 15, BLOCK 1 OF WEST BROADMOOR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 6G OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LESS THAT PORTION OF LOT 1, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF AND THE NORTH 2.5 Rif THEREOF DESCRIBED AS FOLLOWS: THE EXTERNAL AREA OF A CURVE HAVING A RADIUS OF 25 tttT AND TANGENTS WHICH ARE 25 FEET SOUTH AND PARALLEL MI THE CENTERUNE OF N.E. 31ST STREET AND 35 ILO WEST OF AND PARALLEL WITH THE CENTERUNE OF N.E. 2ND AVENUE. AND LESS THAT PORTION OF LOT 7, BLOCK 2 OF WEST BROADMOOR REMAINING AFTER EXCLUDING THE EAST 10 FEET THEREOF DESCRIBED AS FOLLOWS: THE EXTERNAL AREA OF A CIRCULAR CURVE HAVING A RADIUS OF 25 FEET AND TANGENTS WHICH ARE 25 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF N.E. 30 STREET AND 35 FEET WEST OF AND PARALLEL WITH THE CENTERUNE OF N.E. 2ND AVENUE. Section 2210. Nature and Requirements of Zoning Board Report to City Commission Circle appropriate condition(s). cle 22, the rt and When pertaining o the g of land under shall show thattltheion made under Zon Zoning Board has studied and considered, recommendation of the Zoning Board where applicable, whether or not: a) The proposed change conforms with the adopted Miami Comprehensive does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby district. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the bad on public facilities such as schools, utilizes, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. or similar impact on light and air to adjacent areas as the similar impact on property values in the adjacent area as the to the improvement or development of adjacent property in k) The proposed change has the same existing classification. 1) The proposed change has the same or existing classification. m) The proposed change will contribute accord with existing regulations. Neighborhood Plan and n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the pubic welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is diffcult to find other adequate sites in the surrounding are for the proposed use in districts already rmittmg such use. Motion ?+ er considering the factors set forth in Section 2210 of Ordinance No. 11000, I move that the r iuest o a enda item # Cps be recommended to the City Commission for (approval) (denial). 7-0 h Print Name l y —435- Date