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HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCE Approx. 1520 N.W. 24 AVENUE CASE NO: 08-00153v, Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of -Miami, Florida, the subject proposal for Variance has been reviewed as follows: Variance for rear setback: Required 20 feet 0 inches Proposed 7 feet 0 inches Request to be waived 13 feet 0 inches The following findings have been made: • It is found that there is no hardship to justify the requested variance. The lot is oversized; having an area of 8,251 Sq. Ft., where a standard lot in the R-2 Two - Family Residential zoning district typically has only 5,000 Sq. Ft. : It is found that the illegal additions are comprised of an existing laundry/storage room of approximately 266 square feet, and an existing study room of approximately 112 square feet. • It is found that by developing the lot in the manner reflected on the plans submitted, the property owner has derived undue benefits under the Zoning Ordinance. • It is found that the existing addition, for which variance is sought, was built without the benefit of a building peiniit. Additionally, encroachment into the setback area deprives the adjacent property owners of their rightful visual separation. Based on these findings, the Planning Department is recommending denial of the application as presented. nalysis for File ID: 08-00153v Yes No N/A. [5< I 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, X X 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, d) Granting the variance requested conveys the same treatment to the individual owner as to the owner of other fands, 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.