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Resolution No®: 06-1247
Monday, October 30, 2006
Mr, Miguel Gabela offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF
ORDINANCE NO. 11000, THE ZONING BOARD DENIED THE VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 9, SECTION 19, ARTICLE 4, SECTION 401, OFF-STREET
PARKING REQUIREMENTS, TO WAIVE 27 OF THE REQUIRED 54 PARKING
SPACES (GRANDFATHERED 4, BALANCE REQUIRED 51, PROPOSED/EXISTING
24), FOR THE PROPERTY LOCATED AT APPROXIMATELY 760 NORTHWEST 4TH
STREET, UNITS 101, 102 AND 103, LEGALLY DESCRIBED EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1
RESTRICTED COMMERCIAL.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Ron Cordon No
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia Away
Ms. lleana Hernandez -Acosta Yes
Ms. Chloe Keidaish No
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Yes
AYE: 4
NAY: 3
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms, Fernandez: Motion carries 4-3
Teresa L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 06-01035v
Z.3
Exhibit A
Legal description of the property
Lots: 8,9,10 an.d 13
Subdivision: A.L. K.nowlton's Plat of the City of
Miami
According to the Plat thereof as recorded in plat
book B at page 41 of the public records of
Miami -Dade county Florida
Exhibit "A"
Lots 8, 9, and 10, Block 2S, A.L. KNOWLTON'S PLAT OF THE CITY OF
MIAMI, according to the Plat thereof, recorded in Plat Book B, Page 41, of
the Public Records of Dade County, Florida, less and except therefrom,
beginning at the Northwest corner of Lot 10 of Block 2 South of A.L.
Knowlton's Plat of the City OF MIAMI, as recorded in Plat book "B", Page
41, of the Public Records of Dade County, Florida; thence run South along
the West boundary line of said Lot 10, 74.9 feet, more or less, to a point of
curve: thence run Northeasterly through Lots 10 and 9 of aforesaid Block 2
South, along the arc of a curve to the right having a radius of 74.99 feet, a
central angle of 89 56' 00", a distance of 117.71 feet, more or less, to a point
of tangent on the North boundary line of aforesaid Lot 9; thence run West
along the North boundary line of aforesaid Lots 9 and 10, 74.9 feet, more or
less, to the point of beginning,
AND
Lot 13, Block 2S, A.L. KNOWLTON'S PLAT OF THE CITY OF MIANII,
according to the Plat thereof, as recorded in Plat Book B, Page 41, of the
Public Records of Dade County, Florida.
Zoning Board Action on Petition for Variance
Motion: I move that the request on agenda item # be
(granted) in that the requirements of Section 1903.1 (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 condiition(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:
-;l
Sig natu
Print Name
Agenda Item Date