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Zoning Resolution 23-Z-199
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Zoning Resolution 23-Z-199
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Last modified
8/30/2023 12:09:40 PM
Creation date
7/3/2023 4:58:03 PM
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CityClerk-Resolutions
Resolution Type
Zoning Resolution
Resolution Number
23-Z-199
Date (mm/dd/yyyy)
06/15/2023
Description
Approving Application PZ2023-05, allow variance decreasing min landscape & green requirement at 19432 38th Court.
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June 15, 2023 <br />PZ2023-05 <br />April 28, 2023, consisting of one sheet and a survey prepared by County -Wide Land <br />Surveyors Inc. stamped received April 28, 2023, consisting of one sheet. <br />1. The following is a review of the Land Development Regulations relevant to the <br />construction of the new single-family home and associated variance request: <br />Sec. 265-31.D. — Single -Family Residential (R-1) site development standards. <br />(5) Lot coverage. The combined lot area covered by all principal and <br />accessory buildings shall not exceed 42%. Landscaping and green area <br />must account for at least 25% of the total lot area. <br />Comments: The Golden Gate development received a non-use variance <br />from Miami -Dade County to increase the allowable lot coverage to 55%. <br />That resolution, Z-120-94, did not include a reduction in the minimum <br />landscaping and green space and therefore the subject property must <br />comply with the City landscaping and green area requirement. The <br />proposed plans provide 14.9% of landscaping and green area. Variance <br />requested. <br />2. The following are the standards of review for variance applications from code <br />Sec. 265-15.G.: <br />A variance shall be granted only where competent and substantial evidence <br />presented in the particular case shows that all of the following are met. <br />(1) Special conditions and circumstances exist which are peculiar to the land, <br />structure, or building involved and which are not applicable to other lands, <br />structures or buildings in the same zoning district, <br />(2) The special conditions and circumstances do not result from the actions of <br />the petitioner; <br />(3) Literal interpretation of the provisions of these LDRs deprives the applicant <br />of rights commonly enjoyed by other properties in the same zoning district under <br />the terms of this chapter and works unnecessary and undue hardship on the <br />applicant, <br />(4) The alleged hardship is not economic and has not been deliberately created <br />to establish a use or structure, which is not otherwise consistent with the LDRs. <br />(5) Granting of the variance requested conveys the same treatment to the <br />individual owner as to the owner of other lands, buildings or structures in the <br />same zoning district, <br />Page 3 of 5 <br />96 <br />
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