HomeMy WebLinkAboutVariance ResoMiami Zoning Board
Resolution No.: 2005-1032
Monday, May 23, 2005
Mr. Miguel Gabela offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000,
THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE
VARIANCE AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE BYBLOS CONDO
LOFTS PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO PERMIT A BUILDING HEIGHT OF THIRTEEN STORIES, WHERE TEN
STORIES ARE REQUIRED (REQUEST TO INCREASE 3 STORIES) FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 2951 & 2957, 2981-83 SOUTHWEST 38TH COURT AND
3841, 3845 & 3851 BIRD ROAD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL
COMMERCIAL AND R-2 TWO-FAMILY RESIDENTIAL.
Upon being seconded by Ms. Deana Hernandez -Acosta,
the motion was passed and adopted by the following vote:
Mr, Charles J. Flowers No
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia No
Ms, Iieana Hernandez -Acosta Yes
Ms. Chloe Keidaish Yes
Mr. Carlos Martell Away
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Away
Mr. Georges William No
AYE: 4
NAY: 4
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 4-4
Teresita L. Ferrndz, Executive S
Hearing Boards
Case No. 2005-0978
Item Nbr:
10
0
Exhibit "A"
Legal Description
Street Addresses of subject property:
2957 / 2981-83 / 2951 SW 38th Court and 3841 / 3845 / 3851 Bird Road, Miami,
Florida., 33146.
Legal Descriptions:.
Lot 15, Block 6 of "COCOANUT GROVE", according to the plat thereof as
recorded in Plat Book 2, at Page 85 (2957 SW 38th Court).
Lot 18, Block 6 of "COCOANUT GROVE", according to the Plat thereof as
recorded in Plat Book 2, at Page 85 (2981-83 SW 38th Court).
Lot 21, Block 6 of "COCOANUT GROVE", according to the Plat thereof as
recorded in Plat Book 2, at Page 85 (3845 Bird Road).
Lots 19 and 20, Block 6 of "COCOANUT GROVE", according to the Plat thereof
as recorded in Plat Book 2, at Page 85 (3851 Bird Road).
Lots 22, 23, 24, 25 and 26, Block 6 of "COCOANUT GROVE", according to the
Plat thereof as recorded in Plat Book 2, at Page 85 (3841 Bird Road).
Lot 14, Block 6 of "COCOANUT GROVE" according to the Plat thereof as
recorded in Plat Book 2, at Page 85 (2951 SW 38th Court).
Rev. 12-14-04
AA[AfSO(:S 7R4R7R 1
Zoning Board Action on Petition for Variance
Motion: I move that the request on agenda item # I 0 be
(granted) in that the requirements of Section 1903.1 (were
satisfied by relevant evidence in the record of the public
Baring.
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:
'---(denied
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) (do 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
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
b) The special conditions and circumstances (do) (do not) 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: