HomeMy WebLinkAboutZB Variance ResoMiami Zoning Board
Resolution No..: 06-1210
Monday, July 24, 2006
Mr. Miguel Gabela 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 OF THE VARIANCES AS
PART OF A MAJOR USE SPECIAL PERMIT FOR THE 4350 NW 10 STREET
PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4,
SECTION 401, REQUIRED SETBACKS, TO ALLOW AN INCREASE OVER THE
BUILDING FOOTPRINT, 43,369 PROPOSED, 35,258 REQUIRED; TO ALLOW A
REDUCTION OF THE REQUIRED FRONT YARD AT NORTHWEST 43RD COURT, TO
ALLOW A FRONT YARD SETBACK OF 10'0" (20'0" REQUIRED); TO ALLOW A
REDUCTION OF THE REQUIRED SIDE STREET YARD AT NORTHWEST 10TH
STREET, TO ALLOW A SIDE STREET YARD SETBACK OF 10'0" (15'0" REQUIRED)
AND TO ALLOW A REDUCTION OF THE REQUIRED SIDE STREET YARD AT
NORTHWEST 9TH STREET, TO ALLOW A SIDE STREET YARD SETBACK OF 10'0"
(15'0" REQUIRED) FOR THE PROPERTY LOCATED AT APPROXIMATELY 4350
NORTHWEST 10TH STREET, LEGALLY DESCRIBED AS LOTS 1 THROUGH 12,
BLOCK 8, PARKERS CHESTER TERRACE (18-79), PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; ZONED R-4 MULTIFAMILY HIGH -DENSITY
RESIDENTIAL. THESE VARIANCES WERE RECOMMENDED 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. Carlos Martell,
the motion was passed and adopted by the following vote:
Mr. Ron Cordon
Mr. Miguel Gabela
Mr. Joseph H. Ganguzza
Mr. Charles A. Garavaglia
Ms. Ileana Hernandez -Acosta
Ms. Chloe Keidaish
Mr. Carlos Martell
Mr. Juvenal A. Pina
Mr. Angel Urquiola
AYE:
NAY:
ABSTENTIONS:
NO VOTES:
ABSENT:
Ms. Fernandez: Motion carries 6-2
Away
Yes
Yes
Yes
Yes
Yes
Yes
No
No
6
2
0
0
1
T-resita L. Fernandez, Executive SecrLitary
Hearing Boards
File ID#: 05-01507v Z.6
Zoning Board Action on Petition for Variance
Motion: i mQ . that the request on agenda item # be (denied)
) in that the requirements of Section 1903.1 (were (were
no 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:
Print Name
Agenda Item Date