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Resolution No.: 06-1263
Monday, November 13, 2006
Mr. Angel Urquiola 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, SECTION 2502 REQUIRES YARDS ADJACENT TO STREETS TO BE
THREE -FOURTHS (3/4) OF THE FRONT YARD DEPTH REQUIREMENT, REQUIRED
7'6", PROPOSED 3111", VARIANCE REQUESTED 3'7", FOR THE PROPERTY
LOCATED AT APPROXIMATELY 4899 SOUTHWEST 8TH STREET, LEGALLY
DESCRIBED EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL.
Upon being seconded by Mr, Charles A. Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Ron Cordon Yes
Mr. Miguel Gabela No
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Away
Ms. Chloe Keidaish Away
Mr. Juvenal A. Pine Yes
Mr. Angel Urquiola Yes
AYE: 5
NAY: 1
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 5-1
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 06-00620v
Z.12
EXHIBIT A
Subject Property Address: 4801 S.W. 8th Street
Legal Description: All of Tracts "A", "B", "C", AND "D" of GRANADA
SHOPPING CENTRE, Plat Book 56, Page 16, and a portion of the West'/2
of the S.E. 'A of the S.E. '/4 of Section 6, Township 54 South, Range 41 East,
described as follows:
Begin at the Northwest corner of Tract "A" of GRANADA SHOPPING
CENTRE, Plat Book 56, Page 16; run thence North along the East
boundary line of S.W. 49th Avenue to the intersection of said East boundary
line with the South boundary line of S.W. 7th Street, as shown on the Plat of
BUIE TERRACE, Plat Book 66, Page 93; run thence East along the South
boundary of said S.W. 7th Street, 500.00 feet to the Southeast corner of said
S.W. 7th Street, as shown on said Plat; run thence North along the East
boundary line of said S.W. 7th Street, 55.00 feet to the Northeast corner of
said S.W. 7`h Street; run thence East along the Easterly extension of said
S.W. 7`h Street 129.80 feet to the West boundary line of S.W. 48th Street; run
thence South along the West boundary line of S.W. 481h Street to the
Northeast corner of Tract "D" of GRANADA SHOPPING CENTRE, Plat
Book 56, Page 16, run thence West along the North boundary line of Tracts
A, B, C, and D, of GRANADA SHOPPING CENTRE, 629.80 feet to the
POINT OF BEGINNING.
LESS:
That Parcel of Land lying in Section 6, Township 54 South, Range 41 East,
Dade County, Florida, being that portion of Tract "A" of GRANADA
SHOPPING CENTER, according to the Plat thereof as recorded in Plat
Book 56, Page 16, of the Public Records of Dade County, Florida, which lies
within the external area formed and bounded by a 25.00 foot radius circular
curve concave to the northeast bounded by and being tangent to the south
and west boundaries of said Tract "A"
Zoning Board Action on Petition for Variance
Motion: € move that the request on agenda item # t 4' . be P denied
(granted) in that the requirements of Section 1903.1 (were) (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 shalt 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 p vt ions 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 ltenii Date