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Resolution No.: 2005-1002
Monday, March 14, 2005
Mr. Carlos Martell offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE
NO. 11000, THE ZONING BOARD GRANTED THE VARIANCES FROM ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED STREET FRONT
YARD, TO ALLOW A STREET FRONT YARD SETBACK OF 0'0" (10'0" REQUIRED); (NOTE:
THIS PROPERTY IS A CORNER LOT AND HAS 2 SIDE STREETS), REQUIRED SIDE STREET
YARD ON CORNER LOT, TO ALLOW A SIDE STREET YARD SETBACK OF 0'0" (7'6"
REQUIRED), REQUIRED SIDE STREET YARD ON CORNER LOT, TO ALLOW A SIDE
STREET YARD SETBACK OF 0'0" (7'6" REQUIRED) AND ALLOWABLE FOOTPRINT,
PROPOSED 53% (22,125 SQ. FT.), ALLOWED 40% (16,724 SQ. FT.), REQUEST TO
INCREASE BY 13% (5,400 SQ. FT.) FOR THE PROPERTIES LOCATED AT APPROXIMATELY
1636, 1646 & 1650 NORTHEAST MIAMI COURT AND 1653, 1655 & 1657 NORTH MIAMI
AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL WITH AN
SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF .9. THESE VARIANCES WERE
GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH
A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Mr. Georges William,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers Yes
Mr. Miguel Gabela No
Mr. Joseph H. Ganguzza No
Mr. Charles A. Garavaglia Yes
Ms. tleana Hernandez -Acosta Away
Mr. Carlos Martell Yes
Mr. Juvenal A. Pine Yes
Mr. Angel Urquiola Away
Mr. Georges William Yes
AYE 5
NAY: 2
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 5-2
Teresita L. Fernandez, Executive Secreta
Hearing Boards
Case No, 2004-0908 Item Nbr: 10
11/15/04 14:54 GREENBERG TRAJRFG 3054162035
NO.153 027
LICHMIT "A"
Lot 1, 2 and the North 37 1/2 feet of Lot 3, oft in Block "y', T.W. PALMER'S RESUBDMSI0N,
Plot Book 4, Poge 60, of the Public Records of Miami —Dade County, Florida, LESS the North 7
feet thereof for right—of—way.
AND:
Loin 1, 2, 3 and 4, less the South 5 feet of Lot 4, of in Block D, T.W. PALMER'S
RESUBDMSION, Plot Book 4, Poge 60, of the Public Records of Miami-00de County, Florida, LEIS
the West 10 feet and the North 10 feet thereof for right--af—way.
AND:
A portion of o 10 foot wide Alley Iyina West of 1 and 2, Block C, and East of Late 1. 2, 3 •
and 4, Black 0, both In T.W. PALMER'S RESUBDMSI , occarding to the plot thereof as reworded
in Pict Book 4 at Page 60, of the Public Records a Miiomi—Dade County. Florida, being more
particularly de~son'bed as follows;
Commence at the Northeast comer of said Lot 1, Block R; thence SO(T39'45"W along the East
line of said Lot 1, Block 0 for 10.00 feet to the POINT OF BEGINNING; thence , continue
SOf739'45'W along sold Lots 1, 2, 3 ond 4, Block 0 for 89.90, feet; thence SB9'59'57T along
the Easterly extension of the North .line of the South 5 feet of said Lot 4, Block D, for 10.00
feet; thence J' 00 39'45"E along the West line of sold tote 1 and 2, Bock C for 69.80 feet;
thence N90'00'Oew along The Easterly extension of the South line of the North 10.00 feet said
Lot 1. Block B, for 10.00 feet to the DINT OF BEGINNING.
AND:
Lot 5 and the South 5.0 feet of Lot' 4. Block b', LESS the West 10.0 feet thereof, Block "0
11.
'i.W. PALMER'S RESUB[MVISI0N`, according to the plot thereof, ce recorded In Plot Book 4, Page
64, Public Records of Miarnl--bode ,
County, Florida.
•
Zoning Board Action on Petition for Variance
Motion: I mo that the request on agenda item # ir. be (denied)
in that the requirements of Section 1903.1 (were) (were
atisfied by relevant evidence in the record of the public
hearing.
abas stated in the City's finds or fact, or
as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning Board shall make findings that all of the requirements and standards
of Section 1903.1 (have been) (have not been) demonstrated.
Circle appropriate condition(s):
a) Special conditions and circumstances (exist) (do not 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
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
b) The special conditions and circumstances (do) (do not) result
from the actions of the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
c) Literal interpretation of the provisions of zoning ordinance
(would) (would not) deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district under the
terms of the zoning ordinance and work unnecessary and undue
hardships on the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
s Qttl .sfatedJoao:
d) Granting the variance requested (will) (will not) convey the same
treatment to the individual owner as to the owner of other lands,
buildings or structures in the same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
e) Granting the variance requested (will) (will not) convey the same
treatment, any special privilege that is denied by the zoning
ordinance to other lands, buildings or structures in the same zoning
district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
f) If granted, the variance (will be) (will not be) in harmony with the
general intent and purpose of the zoning ordinance and will not be
injurious to the neighborhood, or otherwise detrimental to the public
welfare
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
Signature/
/
Print Name
s
Agenda Item Date