HomeMy WebLinkAboutR-08-0617City of Miami
Legislation
Resolution: R-08-0617
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00539x Final Action Date: 10/23/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD
AND THEREBY DENYING 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, 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, 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, the City Commission after careful consideration of this matter, finds the application
for the Special Exception does not meet 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 affirm the decision of the Zoning Board and deny 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.
Section 2. The decision of the Zoning Board to deny the Special Exception as listed in Ordinance
City of Miami
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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, 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 affirmed, and the
Special Exception denied.
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 aspects 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
context;
(3) Create a transition in bulk and
scale;
Yes. *Yes.
Yes. *Yes.
(4) Use architectural styles and details Yes. *Yes.
(such as roof lines and fenestration),
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colors and materials derivative from
surrounding area;
(5) Articulate the building facade Yes. *Yes.
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
(III) Pedestrian Oriented Development:
Design Review Criteria
(1) Promote pedestrian interaction;
(2) Design facades that respond
primarily to the human scale;
Applicability Compliance
Yes. *Yes.
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
of driveways and curb cuts;
Yes. *Yes.
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(3) Parking adjacent to a street front Yes. *Yes.
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;
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(3) Orient outside lighting to minimize Yes. *Yes.
glare to adjacent properties;
(4) Provide visible signage identifying Yes. *Yes.
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
(VIII) Preservation of Natural Features:
Design Review Criteria Applicability Compliance
(1) Preserve existing vegetation and/or Yes. *Yes.
geological features whenever possible.
(IX) 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}
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.
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