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Home My WebLink AboutCC Legislation (Version 3)ty of is.a Le isiatian Resolution Fitt Number: 0S-00539x City Hall 3500 Pan American Drive fvdiari, FL 33133 www.miarnigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 11, SECTION 1106, NONCONFORMING STRUCTURES, TO ALLOW AN EXTENSION OR ENLARGEMENT OF A NON -CONFORMING PRINCIPAL STRUCTURE OF UP TO 50%, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2453 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board, at its meeting on July 14, 2008, following an advertised public hearing, adopted Resolution No. ZB-08-062 by a vote of six to two (6-2), item no, 8, to DENY the Special Exception as set forth; and WHEREAS, pursuant to Section 1800 of the Zoning Ordinance No.11000, as amended, the Zoning Ordinance of the City of Miami, Florida, an appeal to the City Commission has been taken by Raimundo and Lisette Santamaria, the Appellants, on the grounds stated in the appeal letter of July 23, 2008; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, provides for the City Commission to review by hearing de novo the Zoning Board decision as to the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds the application for the Special Exception met the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to reverse the decision of the Zoning Board and grant the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section, Ckv of Miami Page 1 of 5 Printed On: 10/7/2008 Hie Number 03-00539x Section 2. The decision of the Zoning Board to deny the Special Exception as listed in Ordinance No. 11000. as amended, the Zoning Ordinance of the City of Miami, Article 11, Section 1106, pursuant to the City of Miami Zoning Ordinance No. 11000, as amended, Nonconforming Structures, to allow an extension or enlargement of a non -conforming principal structure of up to 50%, for the property located at approximately 2453 Southwest 22nd Terrace, Miami, Florida, legally described in attached "Exhibit A," pursuant to plans on file and subject to a time limitation of twelve (12) months in which a building permit must be obtained, is reversed, and the Special Exception granted, Section 3, The findings of fact set forth below are made with respect to the subject property: a, Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspect; of the project that have been found by the City Commission (based upon facts and reports prepared or submitted by staff or others) to adhere to the following Design Review Criteria subject to the any applicable conditions herein: (I) Site and Urban Planning: Design Review Criteria Applicability Compliance (1) Respond to the physical contextual Yes. *yes. environment taking into consideration urban form and natural features; (2) Sitting should minimize the impact Yes. *yes. of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should Yes. *yes. be oriented to the corner and public street fronts. (II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) A project shall be designed to Yes, *Yes, comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes. *Yes. context; (3) Create a transition in bulk and Yes. *Yes, scale; (4) Use architectural styles and details Yes. (such as roof lines and fenestration), *Yes. City of Miami Page 2 of 5 Printed On: 10/7/2008 FileNufpber: 08-00539x s and materials derivative from surrounding area; (5) Articulate the building facade vertically and horizontally in intervals that conform to the existing structures in the vicinity, Oil) Pedestrian Oriented Development: Yes. Design Review Criteria Applicability Compliance (1) Promote pedestrian interaction; Yes. *yes. (2) Design facades that respond primarily to the human scale; Yes, *Yes. (3) Provide active, not blank facades. Yes. *yes. Where blank walls are unavoidable, they should receive design treatment. (IV) Streetscape and Open Space: Design Review Criteria Applicability Compliance (1) Provide usable open space that Yes. *yes. allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes. *Yes. Material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. (V) Vehicular Access and Parking: Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes. *yes. vehicular safety to minimize conflict points; (2) Minimize the number and width Yes. *Yes. of driveways and curb cuts; (3) Parking adjacent to a street front Yes. *Yes. City of Melina Page 3 of 5 Printed On: 10/7/2008 Flie ber" 8-00539x should be minimized and where possible should be located behind the building; (4) Use surface parking areas as district buffer, (VI) Screening. Yes. "Yes, Design Review Criteria Applicability Compliance (1) Provide landscaping that screen Yes. *Yes. undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes, *yes. service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage structures Yes. *Yes. with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. (VII) Signage and Lighting: Design Review Criteria Applicability Compliance (1) Design signage appropriate for Yes. *yes. the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature Yes. *yes. to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize Yes, *Yes. glare to adjacent properties; City of Miami Page 4 of 5 Printed On: I00/7/1008 File Number: 08-00539x (4) Provide visible signage identifying Yes. 'Yes. building addresses at the entrance(s) as a functional and aesthetic consideration. {VIIIU Preservation of Natural Features: Design Review Criteria Applicability Compliance (1) Preserve existing vegetation and/or Yes. *Yes. geological features whenever possible, (IX'E Modification of Nonconformities: Design Review Criteria Applicability Compliance (1) For modifications of nonconforming Yes. *Yes. structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to Yes. *Yes. current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNE Footnotes; {1} if the Mayor does not sign this Resolution. it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution; it shall become effective immediately upon override of the veto by the City Commission. City of Page 5 of 5 Printed On: 10117/2008