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Home My WebLink Aboutzoning board01/15/2e04 09:39 3054162035 HEARING BOARDS PAGE 02 FROM :LEGACY IN9 FAX ND. :305 8547151 Jan. 15 2004 0E:13PM P], ,01/ 15/2004 1 B: 0 3054152025 HEARIN3 BOMDS PAfiE E12 ZONING BOARD AnrUAJ }IEPPRT 2003 L,SMIEMMLAIMIZWIWI PURPOSE FOR WHICH IT WAS CREATED? The City of Miami Zoning Soard (ZB) consists of nine members and one alternate, all of whom are appointed by the City Commission. The Board was created under Section 52- 91, City 9f Miami Cock, Ordinance No, 9046, in February of 1984. M described under the above section, the ZB primary areas of !responsibility are as follows; 1) It shall serve as an instrument for the hcazil of applications for the rezoning of opecific properties, as set out in Article 22 of the Zoning Ordinance of the City of Miami. When acting in this capacity, its work shall be deemed advisory and. recommendatory to the City Commission. 2) It shall serve as the quasi Judicial instrument for the granting of. a Variance or Special Exception under the Zoning Ordinance. It shag perfoon these functions as set out in Articles 16 and 19 and under the applicable laws and regtllatiorrs of the State of Florida and the City of Miami. 3) It shall perform such other Ii,tnetlon as may be given if by appropriate action c1 the City Cornrnission or pursuant to other city Ordinances. 4) On appeal, the ZB shall conduct a public hearing. Any person may appear by agent or attorney. All materials transmitted to the ZB upon the notice of appeal shall be a part of the record in the care, New materials may be received by the ZB where sueit materials are pertinent to the determination of the anal. LIMULQMIZEEJELIGSMEHTTIT COMMLIN TY NEEDS? In exercising authority to review the decision of the administrative official, the ZB shall have all the powers of the officer from wham the9ppeal is takes and, in conformity anth the provisions of law and Zoning Ordinance, md4,gj everse or ennui wholly or in part, or may modify the decision appealed from and may make such decisions as ought to be made. A majority vote shall be necessary to reverse any decision of such adm ini. trrsltivc official, of to decide in favor of the appellant. This; advisory board stakes final decisions on Special Exceptions and Variance:t, with appeal to the City Commission. It makes recommendations on matters such as zoning changes, drive -through tellers and sit closures, with the final decision to be made by the City ComrnixeiOn. It is also the proper body in front cf which decisions made by the 01/16/2004 09:39 3054162035 FROM ;LEGACY INS bi/1b/1dd4 1$:47 HEARING BOARDS PAGE 03 FAX NO. =305 0547151 Jan. 15 2004 06:14PM P2 385416203E HEARING WARDS PAGE 03 Zoning Administrator as well as Special Permits and determinations by the Planning and Zoning Department Director may be appealed. Following are the ZB duties under the Zoning Ordinance: 1) Serve as an instrument of review of decisions of the Plannitg and Zoning Department ltt aontzectior with the issuance of Special permits and on matters of inle preta ion, detenninations or otter decision making specifically ,placed in ii lands by the terms of the Zoning Ordinance. 2) Serve as an instrument of review of decisions of the Zoning Administrator in natters of intetptetation enforcement or in, connection with the issuance of Special Permits. 3) Granting, granting with conditions and safeguards, or denying petitions for Special Exceptions or Variances to the terms of the Zoe Ordinance. A mejority vote ah,all be necessary to ant or deny any Special Exception of Variance, 4) Making recommendations to the Cis Commission on those proposed amendments to the Zoning Ordinance plat within the jurisdiction of the 713 by Article 22 of the Zoning Ordinance. DURING zo03_, c a Accordingly; Nerving the purpose for which it was created. some of the ZB accomplishments in 2003 were: a) The Hoard met or►18 onceeiona. b) The Board heard 130 items which consisted of variances, Special Exceptions, Street Closures, Appeals and Changes of Zoning. Hat) m e m? di'd Vl c • r e- -4 r`t h f K. ri,pp,t p ra vie 4fwv.aL h a iat4 v.1 t i1,1 'ea r►^► ►►►t r ; ; • ' a c) As a result (lithe above hearings, the Department of Hearing Boards sent out 36,000 legally required letters ofnotlffoation within legally required time col:minima to prtperty owners within 500' of each subject site. d) Further, the Department of Hearing Boards prepared and mailed out, via certified mail, an estimated 250 legally tequirai letters of notification within legally required time constraints and prepared! an 443rnated 130 legally required advertisements for public bearing items. �. Except during the month of August, the ZB tries to xccorrunodate at leant two public hearings each month, convening apt 7 o'clock P.M. on Mondays, The Board works 01/16/2004 09:39 FROM : LEGRCY INS 3054162035 HEARING BOARDS PAGE a4 FRX NO. :305 B547151 Jan. 15 2004 0b:14rµl PM P� 11� closely with the community, encouraging their meetings with cieveloprre andfor conflicting sides, offering staff support. This board is highly respocted by the community it es well as by experts and various department j which work in cox{junctiora with i rsinvimaiRMErazufJCSIR PRNA,'TEI CB WOiJLA BETTER SE, DF Q ? jja A The functions of the ZB urea Unique since its creation. No other board, whether public or private, would better serve the function of the Z.B. Commissioner appointees are residents of the area and knowledgeable of its needs, searing as intermediates and ibcii.itators betwee t opposing groups in os,lcr to achieve harmony and optimum .resuf,ts. By ilia means, we have auceessfiilly accelerated the process of development. The ZB looks at each application individually and judges it by its mesiits; it is believed that no two oases are the sane, although some situations coy resemble. One of the major accomplishments of this Board is that its members study each agenda item thoroughly in advance, taking into consideration amongst other tags, the following at the time of the hearing: 1) The merits of Ore application. 2) Whether the application is g,operfy in front of the Hoard. R i 3) Whether the application would be benef,ei the neighborhood and the City of Miami. 4) Whether the immediate neighbors ere present, taking part in the process. 3) Whether the immediate neighbors ere in support or in opposition to the application. 6} Whother there are code violations. 7) B That � each applicant afforded the seine opportunities presenting an application to the The foregoing is part of the consideration given to utch application individuals the same rights under the ordinance. no ma whirb and assures ell rarxotructfatt or datelopmot is being wlaea�cal, is in the City created makes possible far it to ruie � � 1g� For or manner in which the Z$ has been both opposition and support in a neighborhood, an application when there is 01/15/2004 09:39 3054162035 HEARING BOARDS PAGE 05 FROM :LEGACY INS e1/18:4/ 30E4162038 HEARING BOARDS M! FAX NO. :305 S547151 Jan. 15 2004 06:15PM P4 PAGE 05 $UOULD THE ORDINANCE G THT ENDED TO JJETTE,E EIS LLTHE BOW TQ BVE i 'URPO$E FQR W JCB JT WAS CREATED? Thcrc have been discussions about the possibility of dividing the filnctiom of, the ZI3 geographically, to better reflect the various areas of the City. No resolution was made because it appeared cumbersome to have: tine (3) w four (4) area boards making recommendations on one zoning atlas. uH0LLID THE B ARiLC ME.T'jSF.B9HIP : RFC F.MF:NTR Rv � MOD>�D? Appointments to the ,ZB by tics Commiaaioncrs include the fu,Uowing: ) Notice in a newspaper of general circulation in the City of the vacancies at least 30 dayt prior to the making of an appointment. , 2) Qualifications, background, experience and abilities of appoirrtee:s to fulfi,li the dudes and responsibilities of bawd membership or alternate membership. 3) Prospective appointees could he $ubjec:t to a personal appearance before the City Commission, to afford :aid Commission an. opportunity to ascertain, future nonairataff proAereracy in.the English language, educational background and general knowledge of planning and zoning. 4) Prior demonstration by prospective ap:,oin ccs of interest it and concern for planning and planning Implementation, as may be evidenced by previous atrandmree at planning or land use control seminars. The above requirements seem, to contain suffici t informaxion which would enlighten the City Commission in its 'election an ofappoantees,� This report will be sub Pe miffed to the an )a,nuarY 15, 2004 Should you need further information, please contact me. Si roily, Hestia M. Hernandez-Aooste Chairperson Respectfully submitted this j day of January, 2004, its w t7 't 44, ,rj oval -1 ort=