HomeMy WebLinkAboutAnalysis & MapsANALYSIS FOR VARIANCE
BIG FISH
55 SW MIAMI AVENUE ROAD
File No. 10-00612ww
The subject proposal seeks Variances with City Commission approval to the waterfront setback and waterfront side yards
requirements pursuant to Section 3.(mm).(i)(A), and Section 3.(mm).(i)(B) of City Code, City of Miami , as amended and to all
criteria, considerations and other regulation as applicable.
Application requests:
Allow modifications of the terms of the City Code to allow 3'-5" reduction within the waterfront side yard, where 69'
waterfront side yard is required, and to allow 4.6" reduction within the waterfront setback, where a 13'-6.4" waterfront
yard is required.
The subject property is located within the Downtown NET and consists of three parcels comprising of approximately .337 acres,
located at 55 SW Miami Avenue Road (Complete legal description on file with the Hearing Boards Section).
Review and analysis of the proposed application finds that:
• The variance request is associated with a Class II Special Permit submittal to allow the construction of a riverfront
commercial development which will be comprised of two buildings; the first building will be two stories of restaurant, bar
and banquet uses, the second building will be one story of lounge use. The combined square footage of both buildings
will be approximately 12,136 square feet.
• The City's Internal Design Review Committee (IDRC) reviewed the Class II Special Permit application at its March 16,
2010, May 11, 2010 and December 28, 2010 meetings which generated comments.
• On July 12, 2011, the Waterfront Advisory Board reviewed and approved the subject proposal.
• On July..11, 2011., the Miami River_Commission reviewed and approved the subject. proposal.
• Section 3.(mm).(1)(B) of the City Code, establishes the minimum waterfront side yard requirements of twenty-five (25)
percent of the water frontage of each lot based on average lot width.
Property Waterfront Side Yard requirement:
Required: 69 feet 0 inches
Proposed new side yard: 65' feet 7 inches
Requested relaxation of
minimum side yard: 3 feet 5 inches
• Section 3.(mm).(i)(A) of the City Code, establishes the minimum waterfront setback requirements where the depth of
the lot is less than 200 feet, the setback shall be at least twenty-five (25) percent of the lot depth.
Property Waterfront Setbacks requirement:
Required: . 13 feet 6.4 inches
Proposed new setback: 13' feet 1.8 inches
Requested relaxation of
minimum setback: 0 feet 4.6 inches
• The subject property is of such a particular size and configuration that constitute a hardship pursuant to Zoning
Ordinance 11000; the subject lot current requirements as it stands, will not allow for any reasonable development and
therefore justifies the requested setback variance.
• The waterfront side yard relaxation is also requested in order to preserve an existing very large specimen tree located
on the middle of the property.
• The proposed project complies with the "Miami River Greenway Action Plan" and the "Miami River Corridor Urban Fill
Plan"
• The grant of this variance is in harmony with the general intent and purpose of the Zoning Ordinance and is not
injurious to the neighborhood.
• A variance request for a front setbacks is a companion item of this variance and both are associated with a Class II
Special Permit application.
Based on the aforementioned, the Planning Department recommends approval of the application as presented.
Analysis for VARIANCE
File ID: 10-00612ww
Yes No N/A.
® ❑ ❑ 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.
® ❑ ❑ 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.
® n n 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.
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MIAMI 21 MAP
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ADDRESS: 55 SW MIAMI AVENUE ROAD
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11000 ZONING MAP
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ADDRESS: 55 SW MIAMI AVENUE ROAD
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ADDRESS: 55 SW MIAMI AVENUE ROAD