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Resolution No.: 06-1158
Monday, March 27, 2006
Mr. Angel Urquiola offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF
ORDINANCE NO, 11000, THE ZONING BOARD MADE A MOTION TO APPROVE
WITH CONDITIONS WHICH FAILED (2-4), CONSTITUTING A DENIAL OF THE
SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW MULTIFAMILY RESIDENTIAL
STRUCTURES OF A DENSITY EQUAL TO R-3, IN THIS CASE, R-4 FOR THE
PROPERTY LOCATED AT APPROXIMATELY 250 NORTHWEST 22ND LANE, MIAMI,
FLORIDA, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA; C-2 LIBERAL COMMERCIAL.
Upon being seconded by Ms. Ileana Hernandez -Acosta, it is found that:
a. The approval of the special exception would be contrary to Section 1305.3
of the Zoning Ordinance, entitled Use and occupancy criteria, in that it will
introduce a residential element into an already established commercial district;
and
b. The proposed use will operate in proximity to more intensive uses and it
will be difficult to protect the newly introduced residential areas from excessive
noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the
spillover effect of light that currently exist in the district; and
c. The special exception must be denied to protect adjoining properties and
the neighborhood from avoidable potentially adverse effects of the introduction of
the residential use; and
d. The proposed ten (10) story building design is not in keeping with height
and scale of the surrounding neighborhood; and
e. The design of the facades of the proposed building, along with the
proposed parking structure needs further study in order to explore the effects of
the specified materials, colors and articulation chosen by the architect.
Therefore, the motion was passed and adopted by the following vote:
Mr. Ron Cordon No
Mr. Miguel Gabela No
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia No
Ms. lieana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Carlos Martell Away
Mr. Juvenal A. Pine Away
Mr. Angel Urquiola Yes
AYE: 2
NAY: 4
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 3
Ms. Fernandez: Motion carries 2-4
Teresita L=rnandez, Executive Secretary
Hearing Boards
File ID#: 06-00416x
Z.10
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EXHIBIT "A"
LEGAL DESCRIPTION
(Moriab)
Portions of Tracts B and C , WYNW00D INDUSTRIAL COMPLEX, according to the plat
thereof as recorded in Hat Book 149 at Page 85 of the Public Records of Vim -hi —Dade
County, Florida, being more particularly described as follows:
Begin at the most Southeasterly corner of said Tract "0"; thence run West along the most
Southerly Boundary line of said Tract "0", for 120.08 feet to the Point of Curvature; thence
Westerly, korthwesterly, Northerly, along a circular curve to the right, having a radius of
25.00 feet and a central angle of 89 degrees 53 minutes 03 seconds for an arc distance
of 39.22 feet to a Point of Tangency; thence North 00 degrees 06 minutes 57 seconds
West along a Westerly Boundary lineof said
for
proionga�ianeeof ahence Southerly
89
degrees 48 minutes 58 seconds Eastalong the Easterly
Boundary line of said Tract "0", for 68.22 feet; thence North 00 degrees 06 minutes 19
seconds West along a line parallel with and 145.00 feet Westerly of as measured at right
angles to an Easterly Boundary lineof 48i� mTinutes es 40 asnd
CondsNortherly
along prolongation,
Northerlyfor
240.30 feet; thence North 89 degree
Boundary line of said Tract "B", for 145.00 feet; thence South 00 degrees 06 minutes 19
seconds East along the Westerly Boundary of a 20 foot vehicular easement and along an
Easterly Boundary line of said Tract C , for 240.31 feet; thence South 59 degrees 48
minutes 58 seconds West along a Southerly Boundary line of said Tract "C" for 68.18 feet;
thence South 00 degrees 06 minutes 46 seconds East along an Easterly boundary line of
said Tract "C° for 139.20 feet to the Point of Beginning.
ying and being in the City of Miami, Miami -Dade County, Florida
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