HomeMy WebLinkAboutZB Resois i onin oar
esolution o,: 48-001
Monday, January 14, 2008
Mr. Charles A. Garavaglia offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION
OF AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-2 LIBERAL
COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 329, 333,
335, 337, AND 346 NORTHEAST 58TH TERRACE, LEGALLY DESCRIBED AS
EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr, Bret Berlin Away
Mr. Ron Cordon Yes
Mr, Miguel A. Gabela No
Mr. Joseph H. Ganguzza Away
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Mr, Jorge Luis Lopez No
Mr. Juvenal A. Pina Yes
Mr. Cornelius Shiver No
Mr. Angel Urquiola Yes
AYE: 5
NAY: 3
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 6-1
Teresita L. Fernandez, Executive Sesietary
Hearing Boards
File ID#: 07-01381 zc
Z.1
EXHIBIT A
Legal Description
Property Address:
329, 333. 335, 337 & 346 NE 58th Terrace
Legal Description:
Parcel 1:
Lots 17, 18, 19, 20, Block 14, Pierce's Subdivision of Lemon City, according to the
plat thereof, recorded in plat book "B" at page 43, of the Public Records of Miami -
Dade County, Florida.
TOGETHER WITH
Parcel 2:
Lot 4, Block 1, Dixie Highway Tract, according to the Plat thereof, as recorded in Plat
Book 5, at page 24, of the Public Records of Miami -Dade County, Florida.
LESS:
The South 10 feet of Lots 19 and 20 and the North 10 feet of Lots 1, 2, 3 and the
Eastern portion of Lots 20, 21 and 1. Block 1, Dixie Highway Tract, as recorded in
Plat Book 5, at Page 24, of the Public Records of Miami -Dade County, Florida, lying
within the zoned right-of-way of N.W. 4th Avenue, being more particularly described
as follows:
Beginning at a point on the North line of said Lot 1, lying 14.28 feet West of the N,E.
corner of Lot 1; thence run South along the East line of said Lots 1, 21 and 20 to the
S.E. corner of Lot 20; thence run West along the South line of said Lot 20, for a
distance of 13.75 feet to a point; thence run northwardly to the point of beginning.
Circi approprints concur
When pent aiā¬ling i lht = cr,ing o1 land under application made under Article 22, the report and
recommendation of the Zoni-9 Board shall show that the Zoning Board has studied and considered,
where applicable, whether or not:
a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Pan and
does not require a plan amendment.
b) The proposed chance is in harmony with the established land use pattern.
c) The proposed change is related to adjacent and nearby district,
d) The change suggested is not out of scale with the needs of the neighborhood or the city.
e) The proposed change maintains the same or similar population density pattern and thereby does not
increase or over -tax the load on public facilities such as schools; utilizes, streets, etc.
f) Existing district boundaries are illogically drawn in relation to existing conditions on the property
proposed for change_
g) Changed or changing conditions make the passage of the proposed change necessary.
h) The proposed change positively influences living conditions in the neighborhood.
i) The proposed change has the same or similar impact on traffic and does not affect public safety to a
greater extent than the existing classification.
j) The proposed change has the same or similar impact on drainage as the existing classification.
k) The proposed change has the same or similar impact on light and air to adjacent areas as the
existing classification.
I) The proposed change has the same or similar impact on property values in the adjacent area as the
existing classification.
m) The proposed change will contribute to the improvement or development of adjacent property in
accord with existing regulations.
n) The proposed change conveys the same treatment to the individual owner as to owners within the
same classification and the immediate area and furthers the protection of the public welfare.
o) There are substantial reasons why the use of the property is unfairly limited under existing zoning.
p) it is difficult to fnd other adequate sites in the surrounding are for the proposed use in districts
already permitting such use.
Motion: After considering the factors sat forth in Section 2210 of Ordinance No. 11000 gat that the
reau agenda item 4 be recommended to the City Commission for (approval)
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Agenda lte