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Resolution No.: 06-1160
Monday, March 27, 2006
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 DENIED THE VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 19, TO AUTHORIZE A BUILDING STRUCTURE OF THIRTEEN
STORIES WITHIN A MAXIMUM ALLOWED HEIGHT OF 120' A.G.L. AT TOP OF SLAB,
TO ALLOW A MAXIMUM OF THIRTEEN STORIES (TEN STORIES ALLOWED) FOR
THE PROPERTY LOCATED AT APPROXIMATELY 244 NORTHWEST 72ND
TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2
LIBERAL COMMERCIAL.
Upon being seconded by Mr. Charles A. Garavaglia, it is found that:
a. Special conditions and circumstances 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; and
b. The special conditions and circumstances do result from the actions of the
petitioner; and
c. Literal interpretation of the provisions of the zoning ordinance 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 hardship on the petitioner; and
d. Granting the variance requested will convey special treatment to the
individual owner as to the owner of other lands, buildings or structures in the
same zoning district; and
e. The requested variance is not necessary to make possible the reasonable
use of the land, building or structure; and
f. If granted, the variance will not be in harmony with the general intent and
purpose of the zoning ordinance and will be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
Therefore, the motion was passed and adopted by the following vote:
Mr. Ron Cordon Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. l4eana Hernandez -Acosta No
Ms. Chloe Keidaish Away
Mr. Carlos Martell Away
Mr. Juvenal A. Pina Away
Mr. Angel Urquiola Yes
AYE: 5
NAY: 1
ABSTENTIONS:
NO VOTES: 0
ABSENT: 3
Ms. Fernandez: Motion carries 5-1
Teresita I Fernandez, Executive Secretary
Hearing Boards
File ID#: 06-00417v Z.12
EX11BI,`A'
LEGAL DESCRIPTION: Lots 10, 12, 14, 16, 18, EMERSON COURT, according to the Plat thereof,
recorded in Plat Book 6 at Page 127 of the Public Records of Dade Cflunty, Florida, now known as
Miami —Dade County, Florida.
TOGETHER WITH
The South 31.75 feet of Lots 1,5,7,9,11,13,15,17, 19 and 21, LESS and EXCEPT the West 4 feet of
said Lot 21, of EMERSON COURT, a subdivision in the SW 1/4 of Section 12, Township 53 5, Range 41
E, according to the Plat thereof, as recorded in Plat Book 6 at Page 127 of the Public Records of
Dade County, Florida, now kwnon as Miami —Dade County, Florida.
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