HomeMy WebLinkAboutVariances ZB ResoMiami Zoning Board
Resolution No.: 06-1173
Monday, April 24, 2006
Mr. Juvenal A. Pina offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY
COMMISSION OF THE VARIANCES AS PART OF A SUBSTANTIAL AMENDMENT TO
A MAJOR USE SPECIAL PERMIT FOR THE BRICKELL STATION PROJECT (F.K.A.
500 BRICKELL) FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 6,
SECTION 607, SUB -SECTION 607.8.1, MINIMUM YARDS, TO ALLOW STREET SIDE
YARD SETBACKS ON SOUTHEAST 5TH AND 6TH STREETS OF 2110" (15'0"
REQUIRED), TO ALLOW A FRONT YARD SETBACK ON SOUTHEAST 1ST AVENUE
OF 3'1" (1510" REQUIRED) AND ARTICLE 19, SECTION 1901, ARTICLE 6, SUB-
SECTION 607.8.2.1(1), MAXIMUM GROUND FLOOR SETBACKS, TO ALLOW A
GROUND FLOOR SETBACK OF 27'3/4" (20'0" REQUIRED) FOR THE PROPERTIES
LOCATED AT APPROXIMATELY 31 AND 39 SOUTHEAST 6TH STREET, LEGALLY
DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; ZONED SD-7 CENTRAL BRICKELL. RAPID TRANSIT
COMMERCIAL -RESIDENTIAL DISTRICT. THIS VARIANCE WAS RECOMMENDED
TO THE CITY COMMISSION WITH A TIME LIMITATION OF TWENTY-FOUR
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE
FOLLOWING CONDITION BY THE PLANNING DEPARTMENT: THIS APPROVAL
SHALL BE SUBJECT TO ALL ADDITIONAL CONDITIONS AS SPECIFIED IN THE
FINAL DEVELOPMENT ORDER OF THE MAJOR USE SPECIAL PERMIT FOR THE
PROJECT.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr, Ron Cordon Yes
Mr. Miguel Gabela No
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Abst
Mr. Carlos Martell Away
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Yes
AYE:
NAY:
ABSTENTIONS:
NO VOTES:
ABSENT:
Ms. Fernandez: Motion carries 5-1
5
1
0
2
Teresita L. Fernandez, Executive Se rary
Hearing Boards
File ID#: 06-00650v
Z.7
EXHIBIT `A.'
LEGAL DESCRIPTION:
LOTS 1, Z 3, 4, 5, 6, 7, 8, 9, 10 AND 11, LESS THE EAST' 10
FEET OF LOTS 1 AND 2, IN BLOCK 108-A OF .THE AMENDED MAP
OF BRICKELL'S ADD/17ON TO THE MAP OF MIAMI, ACCCaRDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK "B", AT PAGE 113
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA
•
Zoning Board Action on Petition for Variance
Motion: I • ne that the request on agenda item # be (denied)
(granie in that the requirements of Section 1903.1 (were) (were
ri: , :Y isfied 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:
-You P:
Print Name
L —0(
Agenda Item Date