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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) 7 Agenda lte