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Resolution No.: 2005-1083
Monday, November 28, 2005
Mr. Miguel Gabela offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE
NO. 11000, THE ZONING BOARD MADE A MOTION TO APPROVE WHICH FAILED (4-2),
CONSTITUTING A DENIAL OF THE VARIANCE FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, REQUIRED SIDE YARD, TO ALLOW SIDE YARD
SETBACKS OF 5'0" (10'0" REQUIRED) APPROXIMATELY 238 NORTHWEST 63RD STREET,
LEGALLY DESCRIBED AS THE EAST 40 FEET OF LOT 5, BLOCK 2, NORTH COLLEGE TR
(4-169), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL.
Upon being seconded by Mr. Juvenal A. Pina,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia No
Ms. lleana Hernandez -Acosta Away
Ms. Chloe Keidaish No
Mr. Carlos Martell Away
Mr. Juvenal A. Pina No
Mr. Angel Urquiola Yes
AYE: 4
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 3
Ms. Fernandez: Motion carries 4-2
1,
eresita L. Ferr{ande±, Executive..Secretary
Hearing Boards
Case No. 2005-1018
Item Nbr:
6
Zoning Board Action on Petition for Variance
Motion: I move that the request on agenda item # be (denied)
(granted) in that the requirements of Section 1903.1 (were) (wer
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(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:
S ature
to
Print Name
I --0T
Agenda Item Date