HomeMy WebLinkAboutR-75-01572!/.1.2/7
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A RESOLUTIORESOLUTIONGRANTING :A VARIANCE t'ROi•i
ORDINANCE NO, 6871, ARTICLE IV, SECTION 9 (1) ,
1 ARTICLE
,i I SECTION
1T (2) () , 1/ PERMIT
CO'.;STRiJCTIO'7 02 G. RACE ADDITION TO EXISTING
DU9. E` WITH -r r 1 STREET SET )-.C-: '
RLO.UIR D) , _"L_i"TZIi iE.JJTZ1_1Ji BEING
N1
tNi1TT,D TRACT 1T 161 S.W.16T_STREET, ZONED
R-3 (LOW DENSITY Mt L'T'IPL) DISTRICT, SUBJECT TO
SAID ADDITION BEING CONSTRUCTED A NII:I= OF 4'
NORTH OF THE EXI STIi::C BUILDING WALL ON THE SOUTHI
SIDE.
WHEREAS, the Miami Zoning Board at its (meeting of
January 6, 1975, Iteri #2 , following an advertised hearing
adopted Resolution No. ZB 4-75, by a 7 to U vote denying a
variance from Ordinance No. 6371, Article IV, Section 9(1)
and Article VII, Section 3 (2) (b) ; and
UHEREAS, the applicant has taken an appal from the
denial of said variance to the City Commission; and
WHEREAS, the City Commission, notwithstanding the
denial by the Zoning Board, and after careful consideration of
this matter, finds that due to peculiar circumstances affecting
this parcel of land, practical difficulties and unnecessary
hardships would impair the owner's right to the reasonable
use of the property witout the variance granted as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA: "DOCUMENT, ,IDFX
ITEM NO.
Suction 1. The request for a variance as per
Ordinance No. 6371, Article IV, Section 9(1) and Article VII,
Section 3 (2) (b) , to ?:permit construction of garage addition
to.y et. existing 3.95' � G��.c. S�1t�• .;C?Cb1Ck (15' 1' qllll':.Ci),
waiving platting reqUirements, being UNPLATTED tract at
2131 S.W. 16th Street, Zoned R-3 (Low Density Multiple)
DLittict, subject to said addition being constructed a minimum
of 4' norn
of the exiSting building on tho south
side, be, and the same is hercby granted,
PASSED AI) A19 !.: ADOPTED this d;.'..ty of
1975.
ATT.FST:
H, Di SqUMERN
CITY CLERK
PREPARED AND APPROVED BY:
11. E. Anderson
Asst. City Attorney
FGRIARY
NAURICF A, FERRF
APPROVED AS TO FORM AND CORRECTNESS:
" • •
John S. Lloyd
City Attorney
- 2 -
MAYOR
MEA:rh
2/12/75
RESOLD ION NO. 5 157
A RESOLUTION GRANTING A VARIANCE FROM
ORDINANCE NO. 6871, ARTICLE IV, SECTION 9(1),
AND ARTICLE VII, SECTION 3 (2)(b), TO PERMIT
CONSTRUCTION OF GARAGE ADDITION TO EXISTING
DUPLEX WITH 3.95' SIDE STREET SETBACK (15'
REQUIRED), WAIVING PLATTING REQUIREMENTS; BEING
UNPLATTED TRACT AT 2181 S.W. 16TH STREET, ZONED
R-3 (LOW DENSITY MULTIPLE) DISTRICT, SUBJECT TO
SAID ADDITION BEING CONSTRUCTED A MINIMUM OF 4'
NORTH OF THE EXISTING BUILDING WALL ON THE SOUTH
SIDE.
WHEREAS, the Miami Zoning Board at its meeting of
January 6, 1975, Item 02, following an advertised hearing
adopted Resolution No. ZB 4-75, by a 7 to U vote denying a
variance from Ordinance No. 6871, Article IV, Section 9(1)
and Article VII, Section 3 (2)(b); and
WHEREAS, the applicant has taken an appeal from the
denial of said variance to the City Commission; and
WHEREAS, the City Commission, notwithstanding the
denial by the Zoning Board, and after careful consideration of
this matter, finds that due to peculiar circumstances affecting
this parcel of land, practical difficulties and unnecessary
hardships would impair the owner's right to the reasonable
use of the property without the variance granted as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The request for a variance as per
Ordinance No. 6871, Article IV, Section 9(1) and Article VII,
Section 3 (2) (b), to permit construction of garage addition
to existing duplex, with 3.95' side street setback (15' required),
waiving platting requirements, being t1NPLATTED tract at
2181 S.W. 16th Street, Zoned R-3 (Low Density Multiple)
District, subject to said addition being constructed a minimum
of 4' north of the existing building wall on the south
side, be, and the same is hereby granted.
PASSED AND ADOPTED this
1975.
ATTEST:
H, D, SOUTHERN
CITY CLERK
PREPARED AND APPROVED BY:
M. E. Anderson
Asst. City Attorney
12 day of FEBRUARY
MAURICE A, FERRE
APPROVED AS TO FORM AND CORRECTNESS:
John S. Lloyd
City Attorney
- 2 -
MAYOR
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MEA
1/20/75
RESOLUTION NO„
•
A RESOLUTION GRANTING A VARIANCE FROM
ORDINANCE NO„ 6871, ARTICLE IV, SECTION 9(1),
AND ARTICLE VII, SECTION 3 (2)(b), TO PERMIT
CONSTRUCTION OP GARAGE ADDITION ON EXISTING
DUPLEX WITH 3.95 SIDE STREET SETBACK (15'
REQUIRED), WAIVING PLATTING REQUIREMENTS; BEING
`,UNPLATTED TRACT at 2181 S.W. 16TH STREET, ZONED
R-3 (LOW DENSITY MULTIPLE) DISTRICT.
75-
WHEREAS, the Miami Zoning Board at its meeting of
January 6, 1975, Item #2, following an advertised hearing
adopted Resolution No. ZB 4-75, by a 7 to 0 vote denying a
variance from Ordinance No. 6871, Artivle IV, Section 9(1)
and Qrticle VII, Section 3 (2)(b) as hereinafter set forth; and
WHEREAS, the applicant has taken an appeal from the
denial of said variance to the City Commission; and
WHEREAS, the City Commission, notwithstanding the
denial by the Zoning Board, and after careful consideration of
this matter, finds that due to peculiar circumstances affecting
this parcel of land, practical difficulties and unnecessary
hardships would impair the owner's right to the reasonable
use of the property without the variance granted as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
Section 1. The request for a variance as per
Ordinance No. 6871, Article IV, Section 9(1) and Article VII,
Section 3 (2)(b), to permit construction of garage addition on
existing duplex, with 3.95' saide street setback (15' required),
waiving platting requirements, being UNPLATTED Tract at
2181 S, W. 16th Street, Zoned R-3
"SUPPORTIVE
DOCUMENTS
FOLLOW"
(Low Density Multiple) District
"DOCUMENT INDEX
ITEM NO.
e7n.e 9T4' 7 /z d
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be, and the same is hereby granted.
1975.
ATTEST:
PASSED AND ADOPTED this _,,,._day of
CITY CLERK
PREPARED AND APPROVED BY:
•
MICHEL E. ANDERSON
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
e)./uNKNI.J23-LAML,-._.
JOHN S. LLOYD
CITY ATTORNEY
2,
MAYOR
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be, and the same is hereby granted.
PASSED AND ADOPTED this day
1975,
MAYOR
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
1, •
MICHEL E. ANDERSON
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JOHN S. LLOYD
CITY ATTORNEY
Honorable City Commission
Attention: Mr. P. W. Andrews
City of Miami, Florida
Gentlemen:
i 35
January 15, 1975
Re: VARIANCE - DENIED
Appealed by Applicant,
2181 S. W. 16th Street
UNPLATTED
Applicant: Rene L. Dechard
The Miami Zoning Board, at its meeting of January 6, 1975, Item #2,
following an advertised Hearing, adopted Resolution No. ZB 4-75 by
a 7 to 0 vote DENYING Variance from Ordinance 6871, ARTICLE IV,
Section 9(1); and ARTICLE VII, Section 3 (2)(b), to permit construc-
tion of garage addition on existing duplex, with 3.95' side street
setback (15' required), waiving platting requirements; being
UNPLATTED Tract, at 2181 S. W. 16th Street; zoned R-3 (Low Density
Multiple).
One objection was received in the mail.
A RESOLUTION to provide for this Variance has been prepared by the
City Attorney's office and submitted for consideration of the City
Commission.
cm
Z. M. 39
Attached: Minutes
cc: Law Department
NOTE: Planning Department
;:S..!r):cere
,eWy
David Simpso*', Jr.(/ Director
Department of Administration
Planning and Zoning Boards
"SUPPORTIVE
DOCUMENTS
FOLLOW"
recommendation: "DENIAL".
Tentative City Commission date: February 12, 1975.
r•rr
2181 .. , i4_ 16TH STREET
S .tteit
UNPLATTED . t,
'variance from Ordinance No. 6871, ARTICLE IV, er g o 79 1)0,
and AP'i`ICLE VII, Section 3 (2) (b) , to permit constttction 'J . 4�
of garage addition on existing duplex, with 3.95' side
street setback (15' required): waiving platting require►ients;
Zoned R-3 (Low Density Multiple).
Secretary filed proof of publication of Legal Notice of hearing,
and administered oath to all persons testifying at this hearing.
PLANNING DEPARTMENT RECOMMENDATION: "DENIAL.,"
the retention of adequate sight lines at this critical
juncture of heavily traveled thoroughfares is imperative
to the maintenance of public safety.
Mr. Dean: Will you swear in all of those wishing to testify.
All right, Staff?
Mr. Dooney: This application for a variance, tonight, is to
permit the Applicant to construct a twelve -foot wide garage, adjacent
to S. W. 22nd Avenue, and S. W. 16th Street.
To permit this variance, would allow for encroachment into the
site lines on these two very heavily traveled streets. And, therefore,
we are recommending that the Board adopt a position of denial, on this
application, since it would critically affect the Public Welfare.
Mr. Dean: All right, Mr. Campbell?
Mr. Campbell: Mr. Chairman, and Members of the Board. I would
like to say - alert the Board to the fact that S. W. 22nd Avenue is
presently under consideration by the Department of Public Works of
Dade County, under the Decade of Progress Bond Issue, for widening,
and redevelopment of S. w. 22nd Avenue.
I cannot give you a scheduling on this. Because of the state
of the funds for the Decade of Progress.
However, we feel that in order to - that granting this sort of
variance, then, you possibly establish a problem for the Dade County,
in constructing this .goad, and in acquiring Right -of -Way.
Mr. Dean: All right, sir, would you state your name and address
for the Record.
Mr. Dechard: My name is Rene Dechard.
Mr. Dean: And your address?
Mr. Dechard: 2181 S. W. 16th Street.
Mr. Dean: Okay, proceed.
Mr. Dechard: They say, I think the main thing they say, is they
are going to enlarge 22nd Avenue. On that side of the house, I got
about twenty ninety-five foot, they require fifteen, I am going to
build twelve, I've got twenty ninety-five, and I am going to build
twelve. The City is going to take out five from me, when they build
that street - when they enlarge it, you see.
So, if you've got three ninety-five left, I don't think it's
going to be nothing at all wrong for the City, because I still have
this space between. And, in the 22nd Avenue is a few house that are
close to the street, like mine. And, I don't think you have to touch
this property, and . . . because I've been told it's only five foot
what they're going to take out. I really need a garage, because I've
got a large family, and there is no way 1 can buy another property now,
I've got kids, I need space for storage, and everything. And, I can .
guarantee you, I'm not going to use that for any other purpose, That
is for my family. I can give you a written guarantee if you want,
Mr, Dean: Okay? That's all?
"SUPPORTIVE
DOCUMENTS
FOLLOW"
-9- January 6, 1975
Item CZ
Mr. Dechard: I think it's all. 1' think I 10 something for
the City, too, because I take rare of the part outside, I clean it,
Ahd cut the yard, and I think I keep the corner beautiful.. t think
it°g all I Can say. Thank you vary much.
Mr. Dean: All right, is there anyone else,
in behalf of you?
Mr. Dechard: I don't think sn.
that wants to speak
Mr. Dean: All right, is t_'iere anyone in opposition? Is there
anyone in opposition? All right, t.hrre being none, t wil.1 close the
public hearinrt, and have discrrssien Imong Board embers, No discus--
Sion among Board Members? On Item 42? All right, we're ready for a
motion. Mrs. Callahan? Is your mike on?
Mrs. Callahan: I said, thlt 1 fait that that is a very con-
gested street there, and leaves very little on the 22nd Avenue side,
and I would be in favor of the Deonrtment's recommendation for denial.
Mr. Dean: All rit,ht , is t hero a ,econd to the motion?
'trs. Basila: T 3econri.
Mr. Dean: All right, secc->noeri by Mrs. Basila. Under discussion?
Being none, call the roll.
Mr. Simpson: The motion 'z Item 42 is to deny.
One objection was ro �^iv.md in the mail.
Mrs. Callahan offered the f :1l_owing resolution, and moved its
aodption:
Zia a
1'ESOLUT,'>" A;.i \NCE rRAM ORDINANCE
NO. t f3 i I , I� E I " , ; Ec''1' 1' )N 9 (1) ; AND
AP:r .i,i: V I I , ? (2) (b) , TO P1;RMIT
7ONS'1'P.Or i'ION or (.n.�. .r;1' ADDITION ti'1 EXISTING
DUPLEX, T T11 ; 1 171 1TREET SETBACK
(15 • 17.17t DIRE!'' 1''hWTING REQUIRE-
MENTS; BEING '.':j'LA1-';t,;t) TRACT, 11T 2181 S. W.
16T11 STREET; i? ;!') 1 (LOW DENSITY MULTIPLE) .
Upon being second. ,;.t. *'rs. ►+as:_11, this resolution was
passed and adopted by tho ro 1 lrp.Ji .Zri vote:
AYES: Messrs. •Tohnren, Silverman, Dean.
Mmes. Tin-;i la, Baro, Callahan.
NAYES: None.
ABSENT: Mr. c;ort .
"SUPPORTIVE
D1... U.,s f—Nis
!! 11,
1,1
Mr. Simpson: Tie notion to deny is a unanimous vote.
-14)- January 6, 1975 Item #2