HomeMy WebLinkAboutVariances AnalysisANALYSIS FOR VARIANCES AS PART OF A
MAJOR USE SPECIAL PERMIT
BIRD ROAD
CASE NO: 2005-1.051
The requested Variances are a component of a Major Use Special Permit application for
the purpose of allowing a Mixed Use Project in excess of 200 units (254 units proposed);
and for allowing a development with an excess of 500 parking spaces (531 spaces
proposed). Bird Road project shall be located at approximately 3760 Bird Road (see
attached zoning write-up, legal description, location maps and aerial photographs for
exact property boundaries).
Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to
permit a structure with the following setbacks:
Variance for upper level front height (SW40th Street):
Front yard setback (SW 38th Street):
Front yard setback (SW 37t" Court):
Green Space setback:
Required - 120'-0"
Proposed-172'-0"
Request to waive - 52'-0"
Required - 10'-0"
Proposed - 0'-0"
Request to waive—10'-0"
Required - 10'-0"
Proposed - 0'-0"
Request to waive — 10'-0"
Required - 13,571 Sq.Ft.
Proposed - 0 Sq.Ft.
Request to waive - 13,571 Sq.Ft.
In determining the appropriateness of the Variances for the proposed mixed -use
project the following findings have been made:
• It is found that the proposed mixed -use development project will benefit this area by
creating new residential, office and retail opportunities for residents and employees of
the area.
• It is found that the setbacks requested are a result of the applicant trying to build more
than what the existing envelope allows; assuming, that the requested zoning change is
granted as a companion item in this agenda.
• It is found that the requested setback variances will have adverse effects on the
adjacent area and will be injurious to the city or in conflict with the intent of the
zoning district.
• ft is found that there is no substantial hardship which limits reasonable use of the
property therefore the Planning Department must recommend denial of this variances
request.
Based on these findings, the Planning Department is recommending denial of the
requested variances as part of a Major Use Special Permit (MUSP).
2
Yes No NIA
ANALYSIS FOR VARIANCE
CASE NO. 2005-1051
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.