HomeMy WebLinkAboutAnalysisANALYSIS F )14. VARIANCES
Approx. 11 SW 59TH AVENUE
CASE NO:07-00792V
Pursuant to Section 401 of Ordinance 11000, as amended, The Zoning Ordinance of the
City of Miami, Florida, the subject proposal has been reviewed .tbr a Variance as t)llows:
Variance for building footprint:
Variance for height:
Allowed - 2,816.09 s.f. (40%)
Proposed - 3,280.96 s.f. (46.6%)
Allowed .. 51' 6" NGVD at beginning of 63
degree sloping plan for additional
height limitation.
Proposed - 69' 1.1" NGVD at top of ridge
Request to waive - I8'-5"
The folioaving findings have been made:
• It is found that there is no hardship to justify the requested variances. The lot is
oversized having 5,390 sq. ft., while a standard lot in an C-1 Restricted Commercial
zoning is 5,000 sq. ft.
• It is found that the requested increase of building footprint will result in an overbuild-
ing of the subject property and will have an overall adverse impact on the neighbor-
hood and adjacent properties.
• It is found that the proposed increased height variance is a result of the petitioner's
action and does not constitute a hardship under Zoning Ordinance 11000.
• It is found that by developing the lot in the manner reflected on the plans submitted,
the applicant will derive undue benefits under the Zoning Ordinance.
• It is found that although the use is compatible with the area, the proposed design does
not meet the hardship criteria of under Section 1903.3 of Zoning Ordinance 11000.
• It is found that since this proposal is new construction, it should be designed to
comply with all zoning requirements.
Based on these findings, the Planning Department is recommending denial of the
application as presented.
Yes No NIA.
El
60.
nalysis for V
File ID: 07-00792V
a) Special conditions and circumstances 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.
b) The special conditions and circumstances do not result from the actions
of the petitioner.
c) Literal interpretation of the provisions of this Zoning Ordinance No.
11000 deprives the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this Zoning
Ordinance No. 11000 and works unnecessary and undue hardship on the
petitioner.
L d) Granting the variance requested conveys the same treatment to the
individual owner as to the owner of other lands, buildings, or structures in
the same zoning district.
e) The variance, if granted, is the minimum variance that makes possible
the reasonable use of the land, building, or structure.
f) The grant of the variance is in harmony with the general intent and
purpose of Zoning Ordinance No. 11000, and is not injurious to the
neighborhood, or otherwise detrimental to the public welfare by
demonstration of compliance with the following additional criteria related
to impact, character and design:
1) The variance, if granted, would result in a project that is
consistent with the applicable criteria as set forth in Sections
1305.2 and 1305.3 of Zoning Ordinance No. 11000, as such
design relates to the particular location for which the variance is
being sought.