HomeMy WebLinkAboutCC Variance AnalysisANALYSIS FOR VARIANCES AS PART OF A
MAJOR USE SPECIAL PERMIT
FIVE PROPERTIES
FILE NO: O5aO1507v
The requested Variances are a component of a Major Use Special Permit application for
the purpose of allowing a multifamily residential project of 155 units, approximately
163,397,81 square feet of residential floor area, and 321 parking spaces. This new
building will have a maximum height, to the top of the building, of 77 feet and 8 inches
(N.G.V.D). Five Properties project is located at approximately 4350 NW 10th Street (see
attached zoning write-up, legal description, location maps and aerial photographs for
exact property boundaries).
Pursuant to Article 4, Section 401 and Article 19, Section 1901 of Ordinance 11000. as
amended. the Zoning Ordinance of the City of Miami, Florida, the subject proposal has
been reviewed to permit a structure as follow:
Variance to increase over the allowed building footprint:
Required — 35,258 feet 40% of GLA
Proposed - 46,369 feet 53% of GLA
Request to waive—11,111 feet 13% of GLA
Variance for front yard setback:
(NW 43rd Court)
Required — 20'-0"
Proposed - 10'-0"
Request to waive—10'-O"
Variance for side street yard setback:
(NW 10"' Street)
Required — 15'-0"
Proposed - 10' -0"
Request to waive — 5'-0"
In determining the appropriateness of the Variances for the proposed multifamily
residential project the following findings have been made:
® It is found that the Zoning Board recommended denial of the zoning change, from R-3
"Multifamily Medium Density Residential" to R-4 "Multifamily High Density
Residential", back on January 9, 2006 for this same property. It is also found that later
on, the City Commission approved the zoning change prior to the submittal of the
application for the "FIVE PROPERTIES" MUSP which required it the above
mentioned variances.
• It is found that the proposed multifamily residential project will benefit this area by
creating new residential units for residents and employees of the area.
• It is found that the setbacks requested are a result of the applicant trying to build more
than what the existing envelope allows; and since this proposal is new construction, it
should be designed to comply with all zoning requirements.
• It is found that the requested setback variance will have an adverse effect on the
adjacent R-3 lots and could be injurious to the area and in conflict with the intent of
the zoning district.
• It is found that there is no substantial hardship which limits reasonable use of the
property therefore the Planning Department must recommend denial of this variance
request.
Based on these findings, the Planning Department is recommending denial of the
requested variances.