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Resolution No.: 06-1155
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 (4-2), CONSTITUTING A DENIAL OF THE
SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW MULTIFAMILY RESIDENTIAL
STRUCTURES OF A DENSITY EQUAL TO R-3 OR HIGHER, IN THIS CASE, R-4 FOR
THE PROPERTY LOCATED AT APPROXIMATELY 40 NORTHEAST 75TH STREET,
MIAMI, FLORIDA, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED),
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; C-2 LIBERAL
COMMERCIAL.
Upon being seconded by Mr. Miguel Gabela, it is found that:
a. The approval of the special exception is 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 Class II Special Permit, specifically for the reduction of the required
parking is not appropriate even though the project is for elderly families.
The parking deficit will have an adverse impact on the surrounding area
due to overflow parking having to be accommodated on the adjacent
streets; and
e. The proposed nine (9) story building design is not in keeping with height
and scale of the surrounding neighborhood; and
f A wider range of building types and housing options within this project,
including townhouse units, garden apartments, or garage liner units,
combined with an apartment building, will be necessary for the project to
transition in bulk and scale to its immediate context; and
g,
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 Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia No
Ms. Ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Carlos Martell Away
Mr. Juvenal A. Pina Away
Mr. Angel Urquiola Yes
AYE: 4
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 3
Ms. Fernandez: Motion carries 4-2
eresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 06-00429x Z.3
LEGAL DESCRIPTION
PARCEL 1:
Lot 7 in Block 1, of RESUBDIVISION OF BELMONT PARK, according to the Plat thereof, as
recorded in Plat Book 7, at Page 60, of the Public Records of Miami -Dade County, Florida.
PARCEL 2:
The South 13.3 feet of Lot 5 and all of Lot n Block in at BookfRESLat DI 1SIIO 60, of h OF Public MO rids
T
PARK., according to the Plat thereof, as recorded
of Miami --Dade County, Florida.
PARCEL 3:
Lot 1, less road right of way, and Lots 2 and 3, in Block
Plat Book 7RES BPaoISION OF ub E R ONdT
PARK, according to the Plat thereof, as recordedin
of Miami -Dade County, Florida.
PARCEL 4:
Lot 4 and Lot 5, less the south 13.3 feet of Lot 5 RESUBDII SION O f the ub Ec IMO
NT
PARK, according to the Plat thereof, as recorded in Plat Book 7,
ecords
of Miami -Dade County, Florida.
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