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Resolution No.: 2005-1102
Monday, December 12, 2005
Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY
COMMISSION OF THE VARIANCES AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE
BIRD ROAD PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, REQUIRED YARDS, REQUIRED ADDITIONAL SETBACK OF ONE FOOT
PER EACH FOOT IN HEIGHT AFTER 120 FEET IN HEIGHT FOR BUILDINGS WITH
FRONTAGES ON ARTERIAL/COLLECTORS ROADS, PROPOSED TO WAIVE ADDITIONAL
SETBACK (45 DEGREE ANGLE), REQUEST TO WAIVE 52 FEET REQUIRED BY 45 DEGREE
ANGLE AFTER 120 FEET IN HEIGHT ALLOWING THE BUILDING TO HAVE A MAXIMUM
HEIGHT OF 172 FEET AT TOP OF SLAB; REQUIRED SETBACKS, TO ALLOW FRONT
SETBACKS OF 0`0" (10'0" REQUIRED), A SIDE STREET SETBACK OF 0'0" (7'6" REQUIRED),
AND GREEN SPACE, PROVIDED 0 SQ. FT., REQUIRED 13,571 SQ. FT, FOR THE
PROPERTY LOCATED AT APPROXIMATELY 3760 BIRD ROAD, LEGALLY DESCRIBED AS
LOT 18, LESS THE EAST 10 FEET, LOT 21, AND LOT 24, LESS THE SOUTH 10 FEET,
BLOCK 10, REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE (2-85);
ZONED C-2 LIBERAL COMMERCIAL. THESE VARIANCES WERE RECOMMENDED FOR
APPROVAL WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED.
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. ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Carlos Martell Yes
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Yes
AYE: 8
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 8-0
C 1
Teresita L. Fernandez, Executive Secretary
Hearing Boards
Case No. 2005-1051
Item Nbr:
22
Zoning Board Action on Petition for Variance
Motion: l move that the request on agenda item # be (denied)
(granted) in that the requirements of Section 1903.1 (were) (were
not) satisfied by relevant evidence in the record of the public
hearing.
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:
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(#):
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
as stated in the City's findings of fact
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:
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