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Home My WebLink AboutZB ResoMiami Zoning Board Resolution No.: 2006-1166 Monday, April 10, 2006 Mr. Carlos Martell 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 VARIANCE AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE INTOWN VILLAGE PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED SIDE STREET YARD, TO ALLOW A SIDE STREET YARD SETBACK ON SOUTHWEST 1ST STREET OF 0`0" (T6" REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 45 SOUTHWEST 8TH AVENUE, 715, 717, 727 AND 735 SOUTHWEST 1ST STREET, AND 702 AND 720 WEST FLAGLER STREET, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. THIS VARIANCE WAS RECOMMENDED FOR APPROVAL PER PLANS ON FILE WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. Angel Urquiola, it is found that: • It is found that the proposed project will benefit the area bounded by SW 7th Avenue (to the east) and SW 8th Avenue (to the west) at SW 1st Street by creating a new mix - use project with retail at the ground floor along with accessory commercial liner spaces up to the second floor and from that point on, the remaining four floors of the garage gets treated the same way and with the materials as if the same habitable liner spaces would have extended all the way up to the six floor of the parking garage. • It is found that the front yard variance requested is a result of the applicant trying to provide a pedestrian friendly ground level for the proposed residential mixed use project. In order for the applicant to provide liner program in front of the parking garage and respond to the Planning Department Internal Design Review Committee comments for good urbanism practices, the requested front yard variance is needed and will be justified. • It is found that the requested front yard variance will have no adverse effects on the adjacent area and will not be injurious to the city or in conflict with the intent of the zoning district. 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. Beane Hernandez -Acosta Yes Ms. Chloe Keidaish Yes Mr. Carlos Martell Yes Mr. Juvenal A. Pine Yes Mr. Angel Urquiola Yes Case No. 06-00143v Item Nbr: Z.7 Miami Zoning Board Resolution No.: 2006-1166 Monday, April 10, 2006 AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: Ms. Fernandez: Motion carries 9-0 Teresita 1 e nandez, Executive Secretary Hearing Boards Case No. 06-00143v Item Nbr: Z.7 • • • EXHIBIT "A„ LEGAL DESCRIPTION: to the plat thereof as recorded in Lots 1 and 2, Black 14S, according Plat Book B, at Page 41 of the Public Records of Miami —Dade County, Florida. Less the North 10.0 feet thereof. AND ck Lot 3, less the North 10 feet for StreetRight—of—WayPiat Book to at 14S, 41 according to the plat thereof as recorded Florida. of the Public Records of Miami —Dade County' AND for Right —of —Way Black Lots 19 and 20, less the South 10 �serecorded intP Plat B, at 145, according to the plat thereofFlorida. Page 41 of the Public Records of Miami —Dade County AND 9 Black 14S, Lot 18, less the South 10 oreco d d Rn Plat r Street fBook B, at Page 41 according to the plat thereof as of the Public Records of Miami —Dade County, Florida. AND g Block 14S, Lots 17, less the South 10 of aset f fror corded ini Plat Booka B, at Page 41 according to the plat thereFlorida. of the Public Records of Miami --Dade County, — ANDuth 5 Right —of —Way Lots 14, 15 and 16, less the lot thereof easf� recorded ini Plat Book B, Block 145, according to the p at Page 41 of the Public Records of Miami --Dade County, Florida. AND lot thereof Lots 11, 12 and 13 and 14, Block 14S, according to the p -- corded in Piat Book B, at Page 41 of the Public Records of as re Florida. Miami --Dade County, Zoning Board Action on Petition for Variance Motion: I move that the request on agenda item # be (denied) ranted 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(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: Signature Agenda Item Print Name Date 0