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Resolution No.: ZB-R-09-0079
Monday, December 14, 2009
Mr. Cornelius Shiver 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,
TO AMEND PAGE NO. 32, 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-1" SINGLE-FAMILY RESIDENTIAL TO "C-1"
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY
711 SOUTHWEST 39TH AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED "R-1"
SINGLE-FAMILY RESIDENTIAL.
Upon being seconded by Mr. Charles Garavaglia,
the motion was passed and adopted by the following vote:
Mr. Bret Berlin Yes
Mr. Ron Cordon Away
Mr. Charles A. Garavaglia Yes
Ms. Ileana Hernandez -Acosta Yes
Mr. Lazaro Lopez Yes
Mr. Juvenal A. Pina Yes
Mr. Cornelius Shiver Yes
Mr. Angel Urquiola Away
AYE: 6
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT:
Motion carries 6-0.
2
An- Rodriguez
Hearing Boards
File ID#: 08-01085zc1 Z.1
Exhibit "A"
Legal Description
Lot 3 and the South 10 feet of Lot 4, in Block 1, of FLAGLER SECOND ADDITION
OF CORAL GABLES, according to the Plat thereof, as recorded in Plat Book 24, at Page
49, of the Public Records of Miami -Dade County, Florida.
Section 2210. Nature and Requirements of Zoning Board
Report to City Commission
Circle appropriate condition(s):
When pertaining to the rezoning of land under application made under Article 22, the report and
recommendation of the Zoning 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 Plan and
does not require a plan amendment.
b) The proposed change 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 overtax 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 find other adequate sites in the surrounding are for the proposed use in districts
already permitting such use.
Motion: Af,
request on
Sig ure
Agenda Ite
considering the factors set forth in Section 2210 of Ordinance No. 11000,_I-mo-ve_that the
•end -i e r # Z.1 be recommended to the City Commission for,(aRproval) (
12-14-09
Date