HomeMy WebLinkAboutZB ResoMiami Zoning Board
Resolution No®: 07-0006
Monday, January 08, 2007
Mr, Joseph H. Ganguzza 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 MODIFICATION
FOR THE BIRD ROAD PROJECT, FROM ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, ARTICLE 4,
SECTION 401, C-1 RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF
THE REQUIRED HEIGHT LIMITATION OF THAT PORTION OF THE BUILDING OVER
THE 120' MAXIMUM ALLOWED AT THE BASE BUILDING LINE, AS DELINEATED BY
A 45 DEGREE INWARD SLOPING PLANE BY A RATIO OF 1' HORIZONTAL AND 1'
VERTICAL, PROPOSED HEIGHT 291'10" A.G.L. AT TOP OF BUILDING, REQUEST
TO WAIVE 26'0", AND ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401,
REQUIRED SETBACKS, TO ALLOW A STREET SIDE SETBACK (SOUTHWEST
37TH COURT) OF 3'9" (T6" REQUIRED), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3760 BIRD ROAD, LEGALLY DESCRIBED AS EXHIBIT "A"
(HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
ZONED C-1 RESTRICTED COMMERCIAL. THESE VARIANCES WERE
RECOMMENDED FOR APPROVAL WITH A TIME LIMITATION OF TWENTY-FOUR
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Ms. Ileana Hernandez -Acosta, it is found that:
• The proposed office building project will benefit this area by creating new employment
opportunities for residents of the area.
• Special conditions exist which are peculiar to the land. The lot has four street frontages and
therefore, in order to accommodate liner uses as well as parking garage uses in a positive
manner such street side set back waiver is needed.
• The reason for the Bird Road maximum height variance is because the applicant has chosen
to put most of the office program towards the south of the property in order to allow for a
better pedestrian experience that provides an open plaza at ground level in front of the retail
space along Bird Road.
• The applicant also has chosen to create office liners for the first nine floors along Bird Road
which completely hides the parking garage uses from public view.
• These variances are the minimum necessary to have reasonable use of the land and the
granting of these variances will be in harmony with the general intent and purpose of the
Zoning Ordinance and will not be injurious to the neighborhood.
the motion was passed and adopted by the following vote:
Mr. Ron Cordon No
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. ileana Hernandez -Acosta Yes
Ms. Chloe Keidaish Away
Mr. Juvenal A. Pina Yes
Mr. Angel Urquiola Yes
File ID#: 05-01524v Z.9
Miami Zoning Board
Resolution No.: 07-0006
Monday, January 08, 2007
AYE: 6
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 1
Ms. Fernandez: Motion carries 6-1
\Thb, i
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 05-01524v Z.9
•
PROPERTY ADDRESS : 3760 S.W. 40th. STREET, MIAMt, FLORIDA 33146
LEGAL DESCRIPTION : LCVT 18 LESS THE EAST 10.00 FEET, LOT 21. AND LOT 24, LESS THE SOUTH 10,00 FEET ALL
IN BLOCK 10 OF REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE, AO0ORDING TO THE PLAT
T}tEREOF AS RECORDED IN PLAT BOOK 2, AT PAGE 85, OF THE PUBLIC RECORDS OF M1.&MI DADS COUNTY,
FLOR1O&
AND
TRACT A, REPEAT OF A PORTION OE BLOCK 10 REALTY SECURITIES CORPORATION'S PLAT OF COCOANUT GROVE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT T3OOK 45 AT PAGE 67, OF THE Pt/RUC RECORDS OF
MAW-DADE COUNTY, FLOR/ A, LESS THE EAST 5.00 FEET, LESS TI-E SOUTH 5.00 FEET, t.ESS THE EXTERNAL
AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO NORTHWEST AND TANGENT TO THE WEST UNE OF THE
EAST 5.00 FEET OF SAID TRACT A AND TANGENT' TO THE NORTH LINE OF THE SOUTH 5.00 FEET OF SAID TRACT
A, LESS THE EXTERNAL AREA FORMED BY A 25 FOOT RADIUS ARC CONCAVE TO THE SOUTH VEST. TANGENT TO
THE WEST UNE OF THE EAST 5.00 FEET OF SAM TRACT A AND TANGENT TO NORTH LINE OF S,41A TRACT A AND
LESS THE FOLLOWING DESCRIBED PARCEL:
COMMENCE AT THE POINT OF INTERSEC110N OF THE NORTHERLY PROLONGATION OF THE WEST UNE OF SAID
TRACT A AND THE YVESTERLY PROLONGATION Of THE NORTH UNE OF SNO TRACT A; THENCE 6 V4T34` E ALONG
SAID NORTHERLY PROLONGATION FOR 25.42 FEET TO THE POINT OF BEGINNING OF TI-E HEREIN DESCRIBED
PARCEL; THENCE CONTINUES 31734" E ALONG THE WEST LINE OF SAID TACT A FOR 190.91 FEET; THENCE
N 67"4524` E FOR 5.00 FEET; TTiENCE £ 3'07-34' W-FOR 30.65 FEET TO A POINT OF CURVATURE. OF A CURVE
CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET; *MENGE sOMEASTERLY FOR 34.81! FEET
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 59'E17'02' TO A POINT OF CUSP THENCE
H430'1781' W FOR 30.$0 FEET; THE:NCE N 3'0T34" W FOR 249.00 FEET TO A POINT OF CUSP WITH A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIOS OF 25.00 Ftt t ; THENCE SOUTHERLY FOR 25.00 FEET
THROUGH A CENTRAL ANGLE OF 55•4Ut34' TO THE POINT OF BEGINNING.