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Resolution No.: 07-0031
Monday, March 26, 2007
Mr. Charles A. Garavaglia 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 VARIANCES FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 9, SECTION 907.3, SUBSECTION 907.3.2, RULE CONCERNING
HEIGHT OF BUILDING ABUTTING RESIDENTIAL DISTRICTS, TO RELAX THE
ADDITIONAL HEIGHT SETBACK SHALL SETBACK ONE FOOT IN THE
HORIZONTAL FOR EVERY TWO ADDITIONAL FEET IN THE VERTICAL DIMENSION
STARTING AT AN ELEVATION OF FORTY FEET ABOVE THE FLOOD LEVEL
REQUIRED 40'0" WITH 63.43 DEGREE ANGLE, PROPOSED 107'6", REQUEST TO
WAIVE 67'6", AND ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401,
RELAXATION OF BUILDING FOOTPRINT, TO ALLOW AN INCREASE FROM 40%
TO 40.6% OF THE MAXIMUM ALLOWED FOOTPRINT, ALLOWED 8,757 SQUARE
FEET (40%), PROPOSED 8,889 SQUARE FEET (40.6%), REQUEST TO BE WAIVED
132 SQUARE FEET (0.6%), FOR THE PROPERTY LOCATED AT APPROXIMATELY
1701 NORTHWEST 15TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A"
(HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
ZONED C-1 RESTRICTED COMMERCIAL.
Upon being seconded by Mr. Miguel Gabela,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin Yes
Mr. Ron Cordon Yes
Mr, Miguel Gabeia Yes
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Mr. Juvenal A. Pina Away
Mr. Cornelius Shiver Yes
Mr, Angel Urquiola Yes
AYE: 7
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms, Fernandez: Motion carries 7-0
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File ID#: 07-00202v
Z.13
xhibit
Lot 25 less the East 10.00 feet and Lot 26 less the East 10,00 feet; Block 4 of "KEN -WOOD"
according to the Plat thereof, as recorded in Plat Book 6, at Page 134, of the Public Records of
Miami -Dade County, Florida.
Zing Board Action on Petition for Variance
Motion: l move that the request on agenda item # t be ,4denied
(granted) in that the requirements of Section 1903.1 (were) weth
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 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:
!wili) (will not convey the same
tieatnient to tile individual ovvne 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 petition&
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:
Signature
Priht Name
Agenda iterif Date