HomeMy WebLinkAboutAnalysis & Color MapsANALYSIS FOR MODIFICATION OF RESTRICTIVE COVENANTS
Approximately 1028 and 1040 SW 36th Court; 985, 995 and 1031 SW 37th Avenue
FILE NO 09-00140cm
Application requests:
The applicant, through a Special Appearance Application, is requesting a modification of a Declaration of Restrictions
("Covenant").
The subject property is located within the West Flagler NET area and consists of seven parcels. The parcel is Lots 34, 35 and 36,
Less the West 10 feet, 37, 38, 20 and 21 ENGLEWOOD NORTH, Plat Book 7, Page 46 of Miami Dade County, Florida, as
described in Exhibit "A" (Complete legal description is on file with the Hearing Boards Section).
Review and analysis of the proposed application finds that:
• The subject covenant was approved by the City of Miami on July 23rd, 2009 under Zoning Ordinance 11000 associated
with a rezoning request from R-3 "Medium Density Multi -Family Residential" to 0 "Office" to allow for a Multifamily
Residential development facing SW 37th Avenue with no vehicular access along SW 36th Court as requested by City
Commission.
• The applicant voluntarily proffered to the City Commission a Declaration of Restrictive Covenants, restricting vehicular
access along SW 36th Court to mitigate the impact of the requested zoning change from the existing R-3 "Medium Density
Multi -Family Residential" area to 0 "Office".
• The applicant, at this time, is requesting a modification to the approved Restrictive Covenant, as specified in paragraph (5)
of the approved Declaration of Restrictive Covenant, which requires any modification to be approved with a majority to the
City Commission and acceptable to by the City Attorney.
• The covenant modification is appropriate, as the proposed building maintains the intent of the originally proffered covenant
to mitigate the potential for vehicular impact to the surrounding residential uses.
Based on the aforementioned, the Planning and Zoning Department recommends approval of the application as
presented.
M IAM 121 MAP
ANTILLA AVE
SIDONIA AVE
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T3-O
0 150 300 600 Feet ADDRESS 1028 and 1040 SW 36th Court; 985, 995 and 1031
SW 37th Avenue
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150
300
600 Feet
ADDRESS 1028 and 1040 SW 36th Court; 985, 995 and 1031
SW 37th Avenue