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oIution o : O7 OO77
Monday, July 30, 2007
f11Ir. Miguel Gabela offered the foil ovvir g resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 FROM
ORDINANCE NO. 11000, THE ZONING BOARD DENIED THE VARIANCES 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 TERMS OF THE ORDINANCE
IN LOT COVERAGE, SUBJECT TO ALL APPLICABLE CRITERIA, 46.6% PROPOSED.
40% ALLOWED; AND TO ALLOW A RELAXATION OF THE TERMS OF THE
ORDINANCE IN HEIGHT SETBACK, SUBJECT TO ALL APPLICABLE CRITERIA,
69`1 1" PROPOSED HEIGHT (NGVD AT BEGINNING OF 63 DEGREE SLOPING PLAN
FOR ADDITIONAL HEIGHT LIMITATION); 51'6" ALLOWED HEIGHT (NGVD AT TOP
OF RIDGE), FOR THE PROPERTY LOCATED AT APPROXIMATELY 11 SOUTHWEST
59TH AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED),
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED
COMMERCIAL.
Upon being seconded by Mr. Jorge Luis Lopez,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin Away
Mr. Ron Cordon Yes
Mr. Miguel Gabela Yes
Mr. Joseph H. Ganguzza Yes
Mr. Charles A. Garavaglia Away
Ms. Ileana Hernandez -Acosta Yes
Mr. Jorge Luis Lopez Yes
Mr. Juvenal A. Pine Yes
Mr. Cornelius Shiver Away
Mr. Angel Urquiola No
AYE: 6
NAY: 1
ABSTENTIONS: 0
NO VOTES: C
ABSENT: 3
Ms. Fernandez: Motion carries 6-1
Teresita L. Fernandez, Executive Secretary
Hearing Boards
File 1D#: 07-00792v
Z.12
Exhibit A
Subdivision Nacaaja Nook According to the Plat thereof as recorded in the Plat Book No. 9 at
Page No. 59 of the .public records of Miami -Dade County, Fiorida,
Property Address] 11. SW 59 Ave, Miami, Floriida 33144
Zoning Bawd Action on 0tJti0fl for Variance
'
!Motion: i 1 I 10V(.: 0vat the request on agenda item # i be (denied
(granted) if? that the requirements of Section 1903 1 (wreere)
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 offact
as demonstrated by the petitioner
as otherwise stated below:
YVv!l n( •;OnVEN the
1W, OM i{ • Int if id!Mtlal °WW1 10 the OW11(7i. of other lands.
Hiodlmtr: sum:1w vsn th HTH zoning district
slated 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
Sign re
enda item t
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
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