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Home My WebLink AboutSubmittal-Maria A. Gralia-Documents for Appeal of Variance ApprovalIII STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. APPEAL OF VARIANCE APROVAL FILE ID: 14-00522V1 APPELLANT: DOWNTOWN REALTY SERGIO ROK City of Miami Commission November 20, 2014 SUbMi I ED INTO THE PUBLIC RECORD FOR 1TEMON1. �o� Miami Museum Tower 150 West Flagler Street Suite 2200 Miami, FL 33130 (305) 789-3200 Fort Lauderdale New River Center 200 East Las Olas Boulevard 215t Floor (Penthouse A) Fort Lauderdale, FL 33301 (954) 462-9500 Tampa SunTrust Financial Centre 401 East Jackson Street Suite 2200 Tampa, FL 33602 (813) 223-4800 Tallahassee Highpoint Center 106 East College Avenue Suite 720 Tallahassee, FL 32301 (850) 580-7200 STEARNSWEAVER.COM lh-Gic)r1v 1--%01111f-}Ll- Mot di P1. f6Y if IVY IL, k °. City of Miami Planning and Zoning Department Land Development Section ANALYSIS FOR VARIANCE Submitted into the public record for item(s) p"t.ti on 11 it) 111' City Clerk File ID#:14-00522v1 Request: Variance pursuant to Article 7, Section 7.1.2.7 of the Miami 21 Code, to allow relaxation of the terms of Miami 21 Code for required minimum side and rear setback(s) above the 8th story; Required Side (East) Setback: Proposed Side (East) Setback: Request to be waived: Required Side (West) Setback: Proposed Side (West) Setback: Request to be waived: Required Rear Setback: Proposed Rear Setback: Request to be waived: 30 feet 0 inches 3 feet 10 inches 26 feet 2 inches 30 feet 0 inches 4 feet 4 inches 25 feet 8 inches 30 feet 0 inches 5 feet 0 inches 25 feet 0 inches Along with a Variance to waive the residential loading zone requirements of one 420 sq. ft. Loading Berth. Project: "One 15" is a proposed new 13-story, mixed -used building with 69 dwelling units and 970 square feet of commercial space on a legally platted non -conforming lot. Location: 115 SE 1 ST Net District: Downtown NET Folio #: 0101120101101 Square footage 6,600 sq.ft = 0.152 ± acre Current Zoning Designation: T6-60-0 (Urban Core Transect Zone - Open) FINDINGS AND COMMENTS: 1. Article 5, Section 5.6.1 Building Disposition, establishes the required minimum setbacks and residential loading zone requirements. 2. The applicant is requesting a Variance of the setback requirements above the 8th Story to allow for the construction of a 13-story, mixed -used building to be setback 3'-10" from the side (east) property line where 30' is required. Additionally the applicant is proposing a setback of 4'-4" from the side (west) property line where 30' is required and 5' from the rear (north) property line where 30' is required above the 8th Story. Along with a Variance to waive the on -site residential loading zone requirements of one 420 sq. ft. Loading Berth. Page 1 of 3 City of Miami Planning and Zoning Department Land Development Section Submitted into the public record for item(s) P'L.'1 on j 1.1, () • lit . City Clerk 3. The subject site is a legally platted non -conforming lot with a lot frontage of 55' where 100' is required by the Miami 21 Code. As per the current underlying zoning requirements the applicant is unable to comply with the required setbacks above the podium due to the existing lot dimensions. 4. The Variance as requested, if granted makes the most reasonable use of the site. The current setback regulations would require a combined setback of 60' above the podium on a site with a 55' frontage, restricting the height of the building to eight 8 stories. 5. The site is flanked by (2) historic buildings, adjacent to the (east) is the locally designated, 13-Story City National Bank building, built in 1925, adjacent to the (west) is the historic 101 SE 1 Street building built in 1920. 6. Per the underlying zoning district a maximum height of 80 stories is permitted. However, the applicant seeks to construct a 13-story mixed -used structure, which is consistent and in character with the scale, setbacks and height of the adjacent historic buildings. Architectural elements such as an arcade have been incorporated to complement the abutting structures. 7. In addition, the applicant is seeking a Variance of on -site residential loading requirements. Due to the lot frontage dimension and the 70% glazing requirement at ground level, the applicant is unable to accommodate the residential loading requirement on -site. Staff notes that special conditions exist which are peculiar to the lot dimensions, staff further notes that a loading zone is adjacent to the property. The proximity of the existing loading zone will mitigate said request as an alternative loading zone is provide on -street. The applicant has submitted a letter from Miami Parking Authority dated February 1, 2014 confirming that there is an on -street loading zone adjacent to the property on SE 1 Street. The applicant has requested that this is acceptable in lieu of on - site commercial loading zone requirements. Please see Exhibit 1 entitled "Correspondence" attached hereto. 8. It is found that granting the Variance of setback and commercial loading requirements with conditions is consistent with the applicable criteria as set forth in Article 7, Section 7.1.2.7(b) of the Miami 21 Code. 9. The development shall be substantially in accordance with the plans as prepared by FONS Design & Architecture Inc. consisting of eleven (11) sheets dated stamped received May 13, 2014 and subsequently revised on June 26, 2014. In addition the applicant shall apply for the pending Waiver(s) for Setback of Dominate Base Building Line, Reduction of Parking and Landscaping. 10. The applicant shall conduct an archeological survey prior to submitting for a building permit for the construction of the project, excluding demolition. Said report shall be submitted to the Division of Historic Preservation. 11. The applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. Page 2 of 3 City of Miami Planning and Zoning Department Land Development Section RECOMMENDATION: Submitted into the public record for item(s) on 11 . °?. 0.1 City Clerk Based on the above findings, the Planning and Zoning Department pursuant to Article 7, Section 7.1.2,7 of the Miami 21 Code recommends approval of the application with conditions pursuant to comment 9, 10 & 11 above. EN 06/19/2014 6/23/2014 Page 3 of 3 Yes No N/A. II ® ❑ Submitted into the public record for item(s) r6i on i . . City Clerk Analysis for VARIANCE File ID: 14-00522v a) Special conditions and circumstances 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 Transect. b) The special conditions and circumstances do not result from the actions of the petitioner. c) Literal interpretation of the provisions of the Miami 21 code deprives the applicant of rights commonly enjoyed by other properties in the same Transect Zone and results in unnecessary and undue hardship on the petitioner. d) Granting the Variance requested conveys the same treatment to the individual owner as to the owner of other lands, Buildings or Structures in the same Transect Zone. ® ❑ 1 1 e) The Variance, if granted, is the minimum Variance that makes possible the reasonable use of the land, Building, or Structure. l f) The grant of the Variance is in harmony with the general intent and purpose of Miami 21 Code, and is not injurious to the Neighborhood, or otherwise detrimental to the public welfare by demonstration of compliance with the following additional criteria: Disclaimer: The Variance, if granted, is consistent with the applicable criteria as set forth in Article 7, Sec. 7.1.2.7 (b) as such relates to the particular location for which the Variance is being sought. Re. 10/28/13 Submitted into the public record for item(s) •�°I on i . '2 I), t City Clerk Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-057 File ID 14-00522v1 September 3, 2014 Item PZAB.4 Mr. David H. Young offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD APPROVING WITH CONDITIONS, VARIANCES AS LISTED IN THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 7, SECTION 7.1.2.7, TO ALLOW A RELAXATION OF THE TERMS OF THE MIAMI 21 CODE FOR THE REQUIRED MINIMUM SIDE AND REAR SETBACKS ABOVE THE 8TH STORY AND THE REQUIRED LOADING REQUIREMENTS AS FOLLOWS: TO ALLOW A SIDE SETBACK (EAST) OF 3'10" (30'0" REQUIRED, REQUEST TO WAIVE 26'2"), A SIDE SETBACK (WEST) OF 4'4" (30'0" REQUIRED, REQUEST TO WAIVE 25'8"), A REAR SETBACK OF 5'0" (30'0" REQUIRED, REQUEST TO WAIVE 25'0"), AND FROM ONE (1) LOADING BERTH TO ZERO (0), FOR THE PROPERTY LOCATED AT APPROXIMATELY 115 SOUTHEAST 1ST STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A" (HEREBY ATTACHED). THESE VARIANCES WERE GRANTED WITH A TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE CONDITIONS AS DESCRIBED IN EXHIBIT "1" (HEREBY ATTACHED), WHICH MUST BE REVIEWED AND APPROVED BY THE PLANNING AND ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. Upon being seconded by Mr. Charles A. Gibson, the motion passed and was adopted by a vote of 9-0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Yes Ms. Maria Beatriz Gutierrez Absent Mr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Juvenal Pifa Absent Ms. Melody L. Torrens Yes Mr. David H. Young Yes jjFrani _Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) D /� IV Execution ate Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THISI676bAY OF £rrs �-Qi'2014. -`�a1 ; It o Print Notary Name Personally know or Produced I.D. M Type and number of I.D. produced Did take an oath or Did not take an oath 0( Note rtiLpublic'State of Florida Co uu- ,VANEBSATRUJILLO f*( ,", :4 MY COMRMIS COMMISSION 105250E0 r��. BondedThruNotariPubllounderwriters Exhibit "A" Submitted into the public record fol item s) e t . cl on 1 L U • City Clerk Legal pescriatian- The East 45 feet of Lot 12 and the West 10 feet of Lot 13, in Block 121-N, according to the plat thereof, as recorded in Plat Book B, at Page 41, of the Public Records of Miami Dade County, Florida. Property Address- (According to Miami Dade County Property Records) FoNn- 01-0112-010-1101 112 SE 1 Street Miafni, FL.33131-0000 114SE1ST (According to City of Miami Records) 115 SE 1 Street Miami, FL 33131 115 SE 1 Street 32 Submitted into the pubic record for item(s) t i on I City Clerk EXHIBIT "1" File ID 14-00522v1 1) The development shall be substantially in accordance with the plans as prepared by FONS Design & Architecture Inc. consisting of eleven (11) sheets dated stamped received May 13, 2014 and subsequently revised on June 26, 2014. In addition the applicant shall apply for the pending Waiver(s) for Setback of Dominate Base Building Line, Reduction of Parking and Landscaping, 2) The applicant shall conduct an archeological survey prior to submitting for a building permit for the construction of the project, excluding demolition. Said report shall be submitted to the Division of Historic Preservation and 3) The applicant shall comply with the requirements of all applicable departments/agencies as part of the City of Miami building permit submittal process. 1 1V l stoog.ps No imettpsir.guiromiwaplacairslit st,iiiii,+Figanlimm2iii1 1 of 1 11/20/2014 11:39 A] Istinfooalirs INE ENI NotaPsw.gciolwonoa+slidir stliri,+1111)341,1104m21101 1 of 1 11/20/2014 11:37 At City of Miami - Zoning Application Page 1 of 2 SliaditiAralt HurtiNt ilBO kHtritH114004t0+0411H-ttttt+tf+41111111tttrtttiftfit Attt }" t a f —1 444IIF*411-114-1 04100 Alted I. AfrntBuuitalnfl Yi lgrerDnrgSt e Submitted into the public record for items) 9 s ti on ( I • Lc/_ . - City Clerk http://maps.miamigis.com/miamizoningsite/ 11/20/2014 Submitted into the puklic record for item(s) `‘ on 11-1C k41 City Clerk . i i o 4 Ano iceria,ES +; Z i_ n E 7 , 'ri ii•i/ / . i- / ■ / .aya .as..o..... 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