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Home My WebLink AboutZB ResoMiami Zoning Board Resolution Nom 07-0037 Monday, April 23, 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 TO AMEND PAGE NO. 16, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS. BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO G/I GOVERNMENT AND INSTITUTIONAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 20, 30-32, 34 AND 58 NORTHEAST 53RD STREET AND 11, 17, 25, 35, 43 AND 57 NORTHEAST 52ND TERRACE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY A I I ACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Upon being seconded by Mr. Bret Berlin, the motion was passed and adopted by the following vote: Mr. Bret Berlin Yes Mr. Ron Cordon No Mr. Miguel Gabela No Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes Mr. Juvenal A. Pina Away Mr. Cornelius Shiver Yes Mr. Angel Urquioia Away AYE: 5 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 2 Ms. Fernandez: Motion carries 5-2 Teresita L. Fernandez, Executive S- `etary Hearing Boards File ID#: 07-00216ze Z.2 CXIIILlit M Legal Description Lot 11 less the West 10 feet thereof, and Lots 5, 6, 7, 8, 9, 12, 13, 14, 15 and 16, Block 1, ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof, as recorded in Plat Book 9, Page 30, of the Public Records of Miami -Dade County, Florida Specific Legal Descriptions, Folio Numbers, Addresses, Ownership and Deed Information for Subject Properties Lot 5, and the East 1 foot of Lot 6, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-0011-0060 Address: 58 NE 53 Street, Miami, FL 33137 Owner: Douglas Gardens Holding Crop., Inc. a Florida not for profit corporation Deed: 24208/3720-3722 Recorded 2/3/06 The West 59 feet of Lot 6, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-011-0070 Address: 34 NE 53 Street, Miami, FL 33136 Owner: Douglas Gardens Holding Corp., Inc. a Florida not for profit corporation. Deed: 24203/3853 — 3854 Recorded 2/2/06 Lot 7, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-0011-0071 Address: 30-32 NE 53 Street, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc. a Florida not for profit corporation Deed: 24283/2929-2930 Recorded 3/2/06 Rev. 09-20-06 8 Lot 8, Block 1, of ORCHARD VtLLA TRACT THIRD SECTION, according tothe Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami -Dade County, Florida Folio: 01-3124-0011-0080 Address: 20 NE 53 Street, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc., a Florida not for profit corporation Deed: 18181/1471 Recorded 7/1/98 Lot 9, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-0011-0090 Address: 10 NE 53 Street, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc., a Florida not for profit corporation Deed: 18182/1471 — Recorded 7/1/98 Lot 11, less the West 10 Feet, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-011-0110 Address: 11 NE 52 Terrace, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc., a Florida not for profit corporation Deed: 18182/1471 Recorded 7/1/98 Lot 12, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-011-0120 Address: 17 NE 52 Terrace, Miami, FL 33137 Owner: Douglas Gardens Holding Corp,, Inc., a Florida not for profit corporation Deed 18182/1471 Recorded 7/1/98 Rev. 09-20-06 Lot 13, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Hat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Foo: 01-3124-011-0130 Address: 25 NE 52 Terrace, Miami, FL 33137 Owner Douglas Gardens Holding Corp, inc,, a Florida not for profit corporation Deed° 18510/3344 Recorded 3/10/99 Lot 14, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 013124-011-0140 Address: 35 NE 52 Terrace, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc., a Florida not for profit corporation Deed: 18242/0099 Recorded 8/10/98 Lot 15, Block 1, of ORCHARD VILLA TRACT THIRD SECTiON, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-011-0150 Address: 43 NE 52 Terrace, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc., a Florida not for profit corporation Deed: 18529/0775 Recorded 3/22/99 Lot 16, Block 1, of ORCHARD VILLA TRACT THIRD SECTION, according to the Plat thereof recorded in Plat Book 9, Page 30 of the Public Records of Miami, Miami -Dade County, Florida Folio: 01-3124-011-0160 Address: 57 NE 52 Terrace, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc., a Florida not for profit corporation Deed: 25210/4342 Recorded 12/20/2006 Rev. 09-20-06 10 Folio: 01-3124-011-0160 Address: 57 NE 52 Terrace, Miami, FL 33137 Owner: Douglas Gardens Holding Corp., Inc., a Florida not for profit corporation Deed: 25210/4342 Recorded 12/20/2006 Rev. 09-20-06 14 Circie appropriate conriitio n(s): When pertaining to the rezoning of land under application made under Article 22, the report and recommendation of the Zoning Board shall show that the Zoning Board has studied and considered, where applicable, whether or not: a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. b) The proposed change is in harmony with the established land use pattern. c) The proposed change is related to adjacent and nearby district. d) The change suggested is not out of scale with the needs of the neighborhood or the city. e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilizes, streets, etc. f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. g) Changed or changing conditions make the passage of the proposed change necessary. h) The proposed change positively influences living conditions in the neighborhood. i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. j) The proposed change has the same or similar impact on drainage as the existing classification. k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. p) It is difficult to find other adequate sites in the surrounding are for the proposed use in districts already permitting such use. Motion: After considering the factors set forth in Section 2210 of Ordinance No, 11000, I move that the requ st on ; Oenda item # be recommended to the City Commission for (approval)(denial). Signa Print Name Agenda lteiti .._ E Date