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HomeMy WebLinkAboutR-02-1312J -02-980(a) 11/07/02 RESOLUTION NO. 02—M2 2—M2 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTTCHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW EXISTING BUILDING IN REQUIRED REAR YARD SETBACK, TO ALLOW A REAR YARD SETBACK OF 13.78'(20'0" REQUIRED) FOR A SINGLE-FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 661 NORTHEAST 83RD STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." WHEREAS, the Miami Zoning Board at its meeting of October 21, 2002, Item No. 7, following an advertised public hearing, adopted Resolution No. ZB 2002-0615 by a vote of six to three (6-3), denied a request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow existing building in required rear yard setback, to allow a rear yard setback of 13.78'(20'0" required) for a single-family residence as hereinafter set forth; WHEREAS, the applicant has appealed the decision of the Zoning Board; and CITY COMISSION N;.EET7NG OF D E. C I ? 2002 Besolution No. 02-1312 WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the Zoning Board denying the variance; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission denies the appeal, and affirms the decision of the Zoning Board (Resolution No. ZB 2002-0615, adopted October 21, 2002), thereby denying a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow existing building in required rear yard setback, to allow a rear yard setback of 13.78'(20'0" required) for a single-family residence for the property located at approximately 661 Northeast 83rd Street, Miami, Florida, legally described in attached "Exhibit A." Section 3. -this Resolution shall become effective immediately upon its adoption and signature of the Mayor!' 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 02-1312 PASSED AND ADOPTED this ATTEST: PRIILLA A. THOMPSON CIT CLERK APPROVED �lp 12th day of December , 2002. waaeftA�0,00 % EL A. DIAZ, /1"'Nu MAYOR CORRECTNESS: Page 3 of 3 02-1312 21.20 S.W. 25th. STREET ANIANO J. GARCIA, PLSM. PH. (305) 856-4566 MIAMI, FLORIDA 33133 LAND SURVEYOR & PLANNER FAX. (305) 856-4699 PROPERTY ADDRESS: 661 N.E. 83rd. STREET, MIAMI, FLORIDA 33138 LEGAL DESCRIPTION: THE WEST 1/2 OF THE SOUTH 1/2 OF TRACT 60, OF "SECOND AMENDED PLAT OF GRIFFING'S SUBDIVISION BISCAYNE HEIGHTS", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, AT PAGE 78, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, LESS THE SOUTH 25 FEET THEREOF FOR RIGHT OF WAYS. SKETCH OF SURVEY (AS BUILT SURVEY) SCALE 1"- 20' w REMAINDER U.P. c OF TRACT 60 F.I.P. I F.I.P. • N89 -54 -A-E 90.75 (M&R) O3µ• i� 163'-I 0.30' 25.00' \-1 IJ14.4 O r PORTION OF TRACT 60 I iO n 0.67'13.r ONE STORY I 0 - RES�IjDppV0E��NCE I 171 REMAINDER ii � r C4. I m g CAR r6.� o pp OF TRACT 60 PORT ~ TRACT61 pmp +� 230���� OND PORCH C 4 tar r 24.8r 11.0' CONC. < 13.5' 15.34' a ZONING FACT SHEET Case Number: 2002-0587 21 -Oct -02 Location: Approximately 661 NE 83rd Street Legal: (Complete legal description on file with the Hearing Boards) Applicant: Larry L. Lehew c/o Star Construction Co. Inc. 2155 NE 124 St. N.Miami, FL 33181 App. (305) 893-4101 Zoning: R-1 Single-family Residential ITEM PZ 11 Item 4 Request: Variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow existing building in required rear yard setback, to allow a rear yard setback of 13.78' (20'-0" required) for a single family residence. Purpose: This will allow an existing single family residence with lesser setbacks than required. Recommendations: Planning & Zoning Dept.: Recommended denial. Public Works: No comments. Plat and Street Committee: N/A. Miami -Dade County: No comments. Enforcement History, If any Case No: N/A. Found N/A. Violation(s) N/A. Ticketing Action: N/A. Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: History: Analysis: See supporting documentation. Zoning Board Resolution: ZB 2002-0615 Zoning Board: Denied the variance. City Commission: N/A. Last Hearing Comply Order Vote: 6-3 02-1312 STAR CONSTRUCTION CO, INC. 2155 NE 124TH STREET, NORTH MIAMI, FL 33181 TEL: 305-893-4101 /FAX: 305 8932-9865 MEMBER: BUILDERS ASSOCIATION OF SOUTH FLORIDA MEMBER: NORTH MAIMI CHAMBER OF COMMERCE MEMBER: BETTER BUSINESS BUREAU SOUTH FLORIDA STATE CERTIFIED CC: CRC 010047 October 28, 2002 Teresita Fernandez Zoning Hearing Board Division 444 SW 2nd Avenue 71 Floor Miami FL 33130 Re: ZB 2002-0587 Owner: Larry L. Lehew 661 NE 83rd Street Miami FL 33138 Dear Ms. Fernandez: 02 LICENSED & INSURED As the registered lobbyist for Larry L. Lehew, the Applicant, we hereby submit this appeal to the City of Miami Commission the decision of the Miami Zoning Board denying the application for variance of a rear set back. The Application was required due to change in zoning classification during the Applicant's ownership of the property. Due notice of the application was given to the residents in the area and there were no objectors. The appeal is for the following reasons: 1. The agenda for the Miami Zoning Board did not correctly state the variance requested. 2. The Applicant adequately demonstrated the non self imposed hardship that justifies the variance requested. 3. The findings of the Miami Zoning Board are not supported by the record, testimony or evidence. A. The fact that the property is 8000 square feet should not be used to penalize the Applicant. 02-1312 Teresita Fernandez Zoning Hearing Board Division October 28, 2002 Paget B. The proposed addition of 406 square feet is less that 25% of the existing property and will not be out of proportion with existing residences. C. The applicant is not receiving an undue benefit since the zoning classification was changed while he owned the property and as a result of the change there was a taking of his use of the property. HISTORY OF THE PROPERTY The property was built in 1953 by the applicant's parents. In 1989 the Applicant acquired the property from his mother. At that time, the zoning classification was RS2/2 which required a rear set back of 10 feet. The existing building presently has a rear set back of 13.78 feet consistent with the original zoning classification In 1990, the zoning classification was changed to Rl, which now requires a set back of 20 feet. The property consists of a single family home of 1775 square feet. We are proposing a 406 square foot addition to the rear of the property that will be 13.78 feet from the rear property line. The new addition will be even with the existing structure and will not exceed the rear set back of the existing building. The property backs up to R3 which consists of apartment houses and other commercial uses. In support of this appeal, the following exhibits are attached: 1. Agenda dated 9/6/02 2. Letter dated 9/6/02 from Star Construction Co., Inc. requesting correction of Agenda 3. Diagram of the proposed addition. 4. Photographs of subject property Please forward the record to the City Commission and place this Appeal on the agenda for review. We are having a transcript of the Zoning Board hearing prepared. Retfully sutt , E NARD DMAN President LCF/bgf 02-13.2 661 N E 83 STREET R-1/SINGLE FAMILY RESIDENTIAL DISTRICT VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, to allow existing building in required rear yard setback. �11 /vow McPhee ning Inspector II Required 20 feet rear yard setback Proposed 13.78 feet setback Request to waive 6.22 feet Date 02-1312 S'1,,-tR CONSTRUCTION CO., 2155 N.E. 124TH STREET, NORTH MIAMI, FL. 33181 TEL:306-893-41011 FAX: 305493-9865 MEMBER: BUILDERS ASSOCIATION OF SOUTH FLORIDA MEMBER: NORTH MIAMI CHAMBER OF COMMERCE MEMBER: BETTER BUSBIESS BUREAU SOUTH FLORIDA 0 Z 1 STATE CERTIFIED CC:CRC 010047 Joyce McPhee Department Of Building And Zoning City Of Miami 444 S.W. 2d. Ave, 4h Floor. P.O. Box 330708 Miami, Fl. 33233-0708 Dear Ms. McPhee: LICENSED & INSURED September 6, 2002 It was my pleasure meeting with you the other day and I wish to thank you for your assistance in handling the zoning matter and correcting the application for ZB-2002587. Property location 661 N.E. 83fd St. Miami, Fl. The Variance application states: " to allow existing building in required rear setback". I believe it should state: " to allow an addition to existing building in required rear setback." I do realize it was a very hectic Friday and this might have been just an oversight. Your opinion and review of this situation will be greatly appreciated. You may reach me at your convenience at my office. The telephone number is: 305-893-4101. My mobile number is 305- 796-7818. Again„ many thanks, Feldman, s. Encl: copy variance letter. LEHEW RESIDENCE 661 N.E. 83RD. ST. MIAMI, FL. 33138 0 -- ENTRY EXISTING CARPORT EXISTING RESIDENCE EXISTING LIVING ROOM IQTCHEN WINDOW II PROPOSED NEW ADDITION - w=1 EXISTING 29' (1 0 FT. SET BACK PERMITTED WHEN HOUSE BUILT) ZONING CLASSIFICATION RS -2/2 (Re: Atlas Miami, Florida 9500 Adopted-Sept.23,1982 REAR as amended, Chapter 54, Ar PROPERTY LINE Article 5, Section U0.2) 02 - 13 12' ISHEW RESIDENCE - FRONT & REAR VIEWS f : c, &I-rs " / -;; 1 (,7 02-1312 REVISED ANALYSIS FOR VARIANCE 661 NE 83rd Street Case No. 2002-0587 Pursuant to Section 401 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for Variance as follows: Variance for rear yard: Required - 20.0' Proposed - 13.78' Request to waive - 622' The following findings have been made: • It is found that there is no hardship to justify the requested variance. The lot is over- sized, having an area of 8,004 Sq. Ft., where a standard lot in the R-1 Single Family Residential zoning district typically has only 5,000 Sq. Ft. • It is found that the addition, as constructed, is excessive and out of proportion with the existing residence and could accommodate more than the permitted one dwelling units. • It is found that by developing the lot in the manner reflected on the plans submitted, the property owner has derived undue benefits under the Zoning Ordinance. • It is found that since this proposal is new construction, it should be designed to comply with all zoning requirements. Based on this findings, the Planning and Zoning Department is recommending denial of the application as presented. 02— ANALYSIS FOR VARIANCE CASE NO. 2002-0587 Yes No N/A ❑ 0 ❑ Special conditions and circumstances exist which are peculiar to the property. 7 ❑ ❑ Special conditions are result of petitioner's actions. ❑ (] ❑ Literal interpretation of ordinance causes undue hardship on petitioner. ❑ Se ❑ Granting variance conveys same treatment to owner. ❑ ❑ W Variance, if granted, is the minimum variance for reasonable use of property. ❑ ❑O ❑ Is in harmony with general intent and purpose of ordiriance. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ N.E. MIAMI CITY LIMITS N E. 87 SL I. 10 • t 7 6 • 4 3 2 1 45 44 4442 1 4 1 to Q ' • sz �-- S PHYLLYS RUTH MILLER a , ISISCAYNE SHE s � 9J • AELEMENTARY SCHOOL W§J x !t 2f 30 N 32 33 3/ It TRACT "A" nbST 3 QF s ' - 3°� 3 6 c©® o® c 4 - O 2� ° Y • N.E. a / ® �<try Ir EL PORTAL VILLAGE LIMITS 83 \+� �y ♦ N 21 2 1 to z.l„ � , • 83 O CL DADE COUNTY p _ � HI 12 MIAMI 'CITY LIMITS - ':};• m. wr �J E ' . 83 ST. _ IW 10 t3 q ]e i 33 10] 13 12 1 t 10 f t 7 6,3 3. f a 7 I 1 ;2 2 •s IS '• 16 zs as n 29 zf ao 3� n S] F.py - 2 TERR. SI w .. - S• e � w w M1• 11 10 a 0 7 3 4 3 2 1 12 ' 4 ' 11 z 21 !x 23 24 If xo zl :z zl x♦ za z° x 31 sz .3 ' . • !• s w w ss u w '3 W LITTLE RIVERPARKWAY 20 2122 µ 17 It 19 20 21 22 23 24 23 n 1�3 J..32. 3• If 5 E. 2 TERR. 1 , 3 a b ar ao Q s - .. - S• e � w li roo Joel Ifo o Iw o i 12 IO 9I6 1 f • 7 • S I I• a 3 ! 1 so w la 12 II 10 9 •. ° ♦ 2 a s .` . 3 . z� W n 4 n Is 1s 1. la Ix a ' 4 ' 11 z 21 !x 23 24 If xo zl :z zl x♦ za z° x 31 sz .3 ' . • !• s w w ss u w N.E. 82 W LITTLE RIVERPARKWAY 10 IFFM OEM Ira .1i13O la 14 Is 12 It 10 1, 9 .. l a t .. 3 _. .. 4 • 17 20 2122 au232t 27 2f so 31 J..32. 3• If mm®® ®mom MEN dude ON 11111 .1 ialml w 11111 NO : 2 • ,TS �1 MUM= MLA c" a 4 '510 lowl _ = kv:lm gTiq y mill 1119W Iff f_ �I� . eQil�/ rr • ® Rim�®�®� � QLD i loom \ MINo ` - AM 0I rA1 9-11 "M v o rk. maw AIR— till 811 vloa Kp r � ,,.�ed,°�,�Frx ys',W �'y ,�'t .�.s*1+"w•',•y� 7''cw 4s� Y:.^� '`� ' of '��..� �" a r„•,..�+yy. i ''�'�,-•tf'''�,rC.`�`3' , #..,�} 3,�,f ° � a ...-.�' �.+_�4TC�� �.. � a „a t �� -,.. ... a� r. _ •'«�'Y., sir ..v5:.xt_ � , rs�z..; .. V 1903.2. Written petition. A written petition for a variance is submitted to the officer or agent of the city specified by the city manager demonstrating all of the following- (a) ollowing (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 build- ings in the same zoning district; (b) The special conditions and circumstances do not result from the actions of the peti- tioner; (c) Literal interpretation of the provisions of this zoning ordinance deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works 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 zoning district; (e) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure; and (f) The grant of the variance is in harmony with the general intent and purpose of this zoning ordinance, and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. 02-x.312 Miami Zoning Board Resolution No.: 2002-0615 r Monday, October 21, 2002 Mr. Allan Shulman offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW EXISTING BUILDING IN REQUIRED REAR YARD SETBACK, TO ALLOW A REAR YARD SETBACK OF 13.78'(20-0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 661 NORTHEAST 83RD STREET, LEGALLY DESCRIBED AS THE WEST 1/2 OF THE SOUTH 1/2 OF TRACT 60, BISCAYNE HEIGHTS SECOND AMENDED (2-78), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Mr. Ileana Hernandez -Acosta, the motion was passed and adopted by the following vote: Mr. Fredric B. Bums Yes Mr. Charles J. Flowers No Mr. Joseph H. Ganguzza Away Mr. Charles A. Garavaglia No Ms. Ileana Hemandez-Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams No AYE: 6 NAY: 3 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 1 Ms. Fernandez: Motion carries 6-3 i r Teresita L. Fernandez, Executive Se retary Office of Hearing Boards Case No. '2002-0587 Item Nbr: 7 ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR OCPENSES FOR CONDUCTING ISIBBYING ACTMTIES TO REGISTER AS A LOBBYIST WITH THE CRY CLERK. PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF. BOARDS. COMMITTEES AND THE CITY COtiMiMS31ON. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MiMRI CITY HALL). LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI. FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF rte. TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CRY BOARDS, COMMITTEES AND THE CRY COLVASSION. POWER OF ATTORNEY WILL BE REQUIRED IF NONER APPLICANT OR LEGAL COUNSEL R N71NG THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CRY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEIMRITTEN AND SIGNED IN BLACK NWS IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN M DAYS OF THE MONTH FROM 9:00 AM UNTIL 3M PM. RECORDATION COST FOR THE RESOLUTION IS $8.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE A Variance is a relaxation of the terms of the Zoning Otdlnanae where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enfoicerrot of this Ocdirranoe would resuti in unnecessary and undue hardship on the property. As used in the Zoalg Ordinance, a Variance is auti orized only for heigtrt !!ea, raze of structure, dimensios of yam, other open i, LARRY L. LEHEW hereby petition the City of Miami Zoning Beard for a Vmmm froth the term of the Zoning Ordinance of the City of Mlvi, Wtectirs Property located at SM Iy F Wal STREET MMI. -FL. . folia number ni g2QZ;Qa19 Nal" of proposed use. (please be spedit): _)'O ALLOW A BEDROOM BATH ADDITION TO MY EXISTING RESIDENCE.REQUIRED 20 FT.REAR SETBACK; PROPOSED 13.78 FT SETBACK. REQUEST TO WAIVE 6.22 FEET. 1. Three original current surveys of the property prepared by a State of Florida Regiet ed Land Surveyor within six months from the date of app n. 2. Two 11x1T original plain and one 24x36' original plan, signed and sealed by a State of Florida RegWered Aret ilea or Engineer showing property boundaries, mdsfing (if any) and proposed strucM*8), parlctitg, landscepIM, etc.: h"V ekwltions and dimmermons and computations of lot area and buk ft m p m mi i g. 3. Plans need to be sternped by the Henmg Boatels Division *9 and then signed by Public Works, Zoning and Planting prior to soon of appicslim m . 4. An 8 % x 110 copy of the signed pians attached to alis application. n2-1312 P1 INING AND ZONING DEPARTME ' HEARING BOARDS OMSION • 33130mrda 444 SIN Zid Avarwe, 7"' Floor WJ, Flori "` • Mate Tutt ` Telephone =416-1480 • Fax 305-416-2035 sr rr C APPttCATION FOR VARMCE ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR OCPENSES FOR CONDUCTING ISIBBYING ACTMTIES TO REGISTER AS A LOBBYIST WITH THE CRY CLERK. PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF. BOARDS. COMMITTEES AND THE CITY COtiMiMS31ON. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MiMRI CITY HALL). LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI. FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF rte. TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CRY BOARDS, COMMITTEES AND THE CRY COLVASSION. POWER OF ATTORNEY WILL BE REQUIRED IF NONER APPLICANT OR LEGAL COUNSEL R N71NG THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CRY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEIMRITTEN AND SIGNED IN BLACK NWS IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN M DAYS OF THE MONTH FROM 9:00 AM UNTIL 3M PM. RECORDATION COST FOR THE RESOLUTION IS $8.00 FOR THE FIRST PAGE AND $4.50 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE A Variance is a relaxation of the terms of the Zoning Otdlnanae where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enfoicerrot of this Ocdirranoe would resuti in unnecessary and undue hardship on the property. As used in the Zoalg Ordinance, a Variance is auti orized only for heigtrt !!ea, raze of structure, dimensios of yam, other open i, LARRY L. LEHEW hereby petition the City of Miami Zoning Beard for a Vmmm froth the term of the Zoning Ordinance of the City of Mlvi, Wtectirs Property located at SM Iy F Wal STREET MMI. -FL. . folia number ni g2QZ;Qa19 Nal" of proposed use. (please be spedit): _)'O ALLOW A BEDROOM BATH ADDITION TO MY EXISTING RESIDENCE.REQUIRED 20 FT.REAR SETBACK; PROPOSED 13.78 FT SETBACK. REQUEST TO WAIVE 6.22 FEET. 1. Three original current surveys of the property prepared by a State of Florida Regiet ed Land Surveyor within six months from the date of app n. 2. Two 11x1T original plain and one 24x36' original plan, signed and sealed by a State of Florida RegWered Aret ilea or Engineer showing property boundaries, mdsfing (if any) and proposed strucM*8), parlctitg, landscepIM, etc.: h"V ekwltions and dimmermons and computations of lot area and buk ft m p m mi i g. 3. Plans need to be sternped by the Henmg Boatels Division *9 and then signed by Public Works, Zoning and Planting prior to soon of appicslim m . 4. An 8 % x 110 copy of the signed pians attached to alis application. n2-1312 12. - The Variance request is for MOW from the provisions of Section 401 Of the City of Miami 7_onkV Ordnance as follows: - VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations. 13. What is the purpose of this variance? To allow an addition to an existing building in required rear Yard setback. 14. is the property within the boundaries of a hkftft site, historic diitria or archeological zone designated pursuant to Chapter 23 of the Miami City Code? No 15. is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No 16. In support of the application, the appficwrrt is prepared to offier the following evidence, on the point enumerated at Section 1903 of the City of Word Zoning Ordinance. NooW3r: This application cannot be accepted for Zoning Board action unless all of the fo#omV six hems are completed. (a) Special conditions and cinxrnrsexlet which ars peculiar to the land, structure. or building involved and which. are not applicable to other Wands, structures. or buildings m the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) Original residence constructed legally when SPI District permitted minimum 10 ft. rear setbacks.( Re: Atlas Miami Florida 9500 Adopted September 23, 1982 ( as amended ) Chapter 54,Artice 5, Section 3405.2 (b) The special conditions and cirmcm antes do not result from the actions of the petitioner in that: Change of Zoning in 1989, City of Miami (c) Literal interpretation of the provisions of the Zoning Oboe would deprive to applicant of rights commonly enjoyed by other properdes in the scone zoning district under the term of the Zoning Ordinance and would work unnecessary and undue hardships on the petitiosr in that: My family and i would be deprived of a needed additional bedroom & bath extension . As shown in submitted building plans, we have only one existing bathroom. (d) Granting the Variance mqumted will not confer an the petitioner What special privilege that is denied by the Zoning Ordinance to offer Wands, buildings, or struc*ues in the saline zorying district in that The addition would not exceed the setback to the original permitted structure. Rw OW04 rt 3 0-2-1312 (e) The variance, if granted, is the minimum variance that wiN make possible the reasonable use of the lend, building or Moture in #%& The designated area for construction is the only means of egress from our existing residence. (f) The grant of the Variance wig be in harmony with the general inert and purpose of the Zoning Ordinance, and will not be bgurious to the neighborhood, or otherwise detrimental to the public wetFare in that: This addition will not impair or detract from the general area or surrounding or adjacent properties. Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board sW be submitted with this application. liw. OWN= Somdure /Of7x� Ell. PIE111 Name Lane L. Lehew Miami, Fl. 33138 Teiepttone 5)893-4101 Date October 1, 2002 4 02-13 October 1, 2002 City Of Miami Department Of Planning & Zoning Hearing Board Division Re: Permit Application # 02001590 Re: ZB- 2002587 REQUEST FOR VARIANCE To Whom It May Concern: I have been denied a Building Permit for a bedroom and bath addition to my home due to a change in the Zoning by the City of Miami. I purchased my home in 1989 and at that time the required rear setback was 10 feet as the zoning classification was RS -2/2. In 1990 the Zoning classification was changed to Rl, creating a hardship in my pursuit to making an improvement to my home. Additionally, Dade County appropriated approximately 20 feet from the front of my property for a dedicated right -of way, leaving me no alternative location to construct the addition to my home. This is indicated in the updated survey submitted herewith. As you can see, the new addition to the rear of my property will not exceed the setbacks of the existing structure., which will directly face the rear of an apartment building owned by me and is in the R3 district. For the benefit and welfare to my family and myself, I respectfully request your consideration in granting a Variance for this needed bedroom and bath addition to my home. Further, this addition will not impair or detract from the general area or surrounding adjacent properties. Incidentally, the City of Miami Building Department except for the Zoning has approved the building plans. Very y yours, Larry L. Lehew 02-1312 AFFIDAVIT Before me, the undersigned authority, this day personally appeared LARRY L. LEHEW , who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, 01 including responding to day to day staff inquires; 0 not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. LARRY L. LEHEW Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was adcnowiedged t 20D'?,_, by LaRQ,�( L • L�K��✓ personally known to me or who has produced _ identification and who did (did not) We an oath. Jose Vega (SSP) s G%wW ion#CC% 236 ' _ >!qdmSep.�11 .,2004 >1w�.a BeftCe, hL Rev. 12AMI me this of v L' who is an IndWiduall K t a WAJ as 02-1312 OWNER'S UST Owner's Name Larry L. Lehew Mailing Address P.O.Box 1564, Front Royal, Virginia Zip CodW630 Telephone Number ( 540) 635 - 4527 Legal Description: 6-7-8 53 42.25 AC. Biscayne Hghts. PB 2-78 W1/2 Of S1/2 Of Lot 60 Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Zip Code Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation* partnership or privately) within 500 feet of the subject site is listed as follows: Street Address 638 N.E. 83 Terrace Miami, Fl. Street Address 658 N.E. 83 Terrace Miami, FI. Street Address Rev. 060"2 5 Legal Description 6-7-8 53 42.5 AC. Biscayne HgMs.Pl3 2-78 E1/2 Of Lot 61 Legal Descr#Mon 6.7-8 53 42.25 AC. Biscayne Hahts, PB 2-78 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: The West 1/2 of the South 1/2 of Tract 60, of "Second Amended Plat of Griifings Subdivision Biscayne Heights" According to the Plat ThereotRecorded in Plat Book 2, at Page 78, of the Public Records of Miami -Dade County, Florida. Less the South 25Feet Thereof for Right Of Way. Street Address: 661 N.E. 83rd Street, Miami, Florida 33138 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, andfor any other interested parties, together with their addresses and proportionate interest. Mr. Larry L. Lehew ( 100% ) 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. 638 N.E. 83rd. Terrace Legal: 6.748-53-42.5 Ac Biscayne Hgts. P8 2-78 E 1/2 of Lot 61 658 N.E. 83rd. Terrace Legal: 6-74-53-42.25 Ac Biscayne Hgts. P -78 N 1/2 W Lot 60 Larry L. Lehew ( Owner 1 X Owner or Attorney for Owner Name Own,6r or Atforney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI -DADS oin instrument was acknowledged SY The foregoing � g iowledged before me this 31 "dayof �v j 20 L . by LARRY L LEH who is an IndhiiduaI personally known to me or who has produced as identification and who did (did not) take an oath. Ii "Ya''• Jose Y C owdod n # t%7236 (Stamp) _ 14R*ft S .2004 BINAWaftlat* Bn&W cA., In, Rev. 1?JQra/01 02-1312 Date: 07/26/02 Time. 08:39 AM To: FL -001-2002-12370902-0726838-08 B 3057577833 Page: 003-003 IMAGE01 : FL -02-123709-2 07/26/2. 08:40:37am k -4e 1 of 1 .d !Id!JAN 10 PM 2.129 89R010573 W: 1395443244 This lasorment -01 Pp by - NWA John Militana, lea. Add,p 8801 Disc, Blvd. (STAMOflT FOEY—SEQIOM 6"M F.S.) ami . F1 33138 _Q . #A& 1114 - dm of JANUARY 19 89. ;rtm"n DOSALIS B. LZRZM, an unremarriod-widow of the Corney, d Marren . St111s of Virginia grafi'. and LARRY L. LBHBlIf whore Pad Wool address It P.O. Bm 1564, Front Royal, Va. 22630 of do Comely of . Seats of Virginia gramea6. 'M1[0001,14. thew amid itenler, far and in con idwaliea of the Ma d TRY--------------------- • --- --------------------------------------(110.00) ---------- 060111. 4nd odes flood and 6ab4Na ma 4mrstiesa to rid greater in hoed Paid by soid greaMr. 11r ..Med 1s hereby ocLwwId@s4 has gresWd, 611M Vod and sold ft the maks graww. and gr11nai► hit "d11wigns Inr6sw. *. lorasring iosAd 6W. 111rab. Ming 4611 Was in Dade County, florwo, to•+b: The West 1/2 of the S 1/2 of Tract 60 of BISCAYNE HEIGHTS, Second Amended, according to the Plat thereof, as recorded in Plat Book 2, Page 78 of the Public Records of Dade County, Florida. 0ewyrwayl stenw QtIIRStd s �:� =i �sfAX Doe. gihap oelumd G.r -c- I -Avows Tat Coilaud c — niclrvd r W Mer. o>wt, Dose County, fig. and rid snow data hereby (wily warrant the Star to said lewd. sed sig doload the am "W- the k..I cisk" W oil possess abantoawr. '"Grease" and 'gronwe' ore ■rd ler lingular or Phwal. at card rag6ira. �111 Gree or bas hereunto W greater% head and Beef the dry and rest Ilm she tmtftm sad 111 ow pr mmee- l` �.. 1., 6.5 --��IMALIZ S. LESM (Small (36411 rano) STAR Of FLORIDA COIM" Of DADE 1 HFff T CORM 11m1 go Mil day balm. tee. w oliva drN wsi6d H tokt etk6salodsow► penosolly Woorsd ROSALIE S. LEHSW, an unremarried widow 19 tab beasr11 to be the Mrms described in wad .da 0--d A6 140e11089 imlrwwr and otkm!6do.14 a ills hal e he oslad the seems. WITNESS war hand sad eflidel Mal in Ih6 C WMIV and $3016 ktst of="" this t"p v day M : v �j 1g E19..�.�,, Mr eu114ittisa relpiN.—STATEFLQRT ad • t o' �ekrr Ptega sw e M MWIft k Sats. %fry ••••a�� .v kb, Ondo. maMetMisted m A. 17 C4x Mel 02-1312 661 N E 83 STREET R-1/SINGLE FAMILY RESIDENTIAL DISTRICT VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, to allow existing building in required rear yard setback. Required 20 feet rear yard setback Proposed 13.78 feet setback Request to waive 6.22 feet `3 y 4i i McPhee Date Zoning Inspector II 02-1312 RYJVa0.rfM{gWYM Ipq 1pY .Wf. 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ItWfftY iRfANNW RKRIKNAfROYOLMKKttIKfpR, . wRem Ml xW M/NINPt PIO�KKIItfIf K.4AKfMVI K /xxWBKAxRIfM01RIpf K{ TYPI GA L. WALL SE CTIO tj 9HM# 2 oN 2 cq C'7 /11�) 0 APYNaVfO x111-UPA-JNALT urE�OIT. OVCR 1�VFIIIA Wbl/bl. 'Ib L'N'JTuJ6 41 1'AHPSON"IyeTA lb -IRu � 4NGIbR n•IOtDto ♦' �TO r�'MPKtI�MTit .'E to.IGflYY% W 11-Mod';%IY=• W 14-IOd{YIYt INTO Jo1E.T TYPI GA L. WALL SE CTIO tj 9HM# 2 oN 2 cq C'7 /11�) 0 STAR CONSTRUCTION CO, INC. 2155 NE 124TH STREET, NORTH MIAMI, FL 33181 TEL: 305-893-4101 /FAX: 305 8932-9865 MEMBER: BUILDERS ASSOCIATION OF SOUTH FLORIDA MEMBER: NORTH MAIM[ CHAMBER OF COMMERCE MEMBER: BETTER BUSINESS BUREAU SOUTH FLORIDA STATE CERTIFIED CC: CRC 010047 October 28, 2002 Teresita Fernandez Zoning Hearing Board Division 444 SW 211 Avenue 71 Floor Miami FL 33130 Re: ZB 2002-0587 Owner: Larry L. Lehew 661 NE 83' Street Miami FL 33138 Dear Ms. Fernandez: LICENSED & INSURED As the registered lobbyist for Larry L. Lehew, the Applicant, we hereby submit this appeal to the City of Miami Commission the decision of the Miami Zoning Board denying the application for variance of a rear set back. The Application was required due to change in zoning classification during the Applicant's ownership of the property. Due notice of the application was given to the residents in the area and there were no objectors. The appeal is for the following reasons: 1. The agenda for the Miami Zoning Board did not correctly state the variance requested. 2. The Applicant adequately demonstrated the non self imposed hardship that justifies the variance requested. 3. The findings of the Miami Zoning Board are not supported by the record, testimony or evidence. A. The fact that the property is 8000 square feet should not be used to penalize the Applicant. Submitted !,nto tie public' record in connec: ion Vvitb item P,? -Il Priscilla A. TShornpson City Clerk 02-1312 Teresita Fernandez Zoning Hearing Board Division October 28, 2002 Page 2 B. The proposed addition of 406 square feet is less that 25% of the existing property and will not be out of proportion with existing residences. C. The applicant is not receiving an undue benefit since the zoning classification was changed while he owned the property and as a result of the change there was a taking of his use of the property. HISTORY OF THE PROPERTY The property was built in 1953 by the applicant's parents. In 1989 the Applicant acquired the property from his mother. At that time, the zoning classification was RS2/2 which required a rear set back of 10 feet. The existing building presently has a rear set back of 13.78 feet consistent with the original zoning classification In 1990, the zoning classification was changed to R1, which now requires a set back of 20 feet. The property consists of a single family home of 1775 square feet. We are proposing a 406 square foot addition to the rear of the property that will be 13.78 feet from the rear property line. The new addition will be even with the existing structure and will not exceed the rear set back of the existing building. The property backs up to R3 which consists of apartment houses and other commercial uses. In support of this appeal, the following exhibits are attached: 1. Agenda dated 9/6/02 2. Letter dated 9/6/02 from Star Construction Co., Inc. requesting correction of Agenda 3. Diagram of the proposed addition. 4. Photographs of subject property Please forward the record to the City Commission and place this Appeal on the agenda for review. We are having a transcript of the Zoning Board hearing prepared. Re ctfullesub itt EANARDLDMAN President LCF/bgf Sttbmitt'` P _ . �. reco 41 r;, i" Pr,Ea 0 2 —1312 City �11ellik City 661 N E 83 STREET R -!/SINGLE FAMILY RESIDENTIAL DISTRICT VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, to allow existing building in required rear yard setback. J VnePhee ing Inspector II Required 20 feet rear yard setback Proposed 13.78 feet setback Request to waive 6.22 feet ZT�/' 151 �*" =- - recc.p] �s Pt 4 C, .. < 6 tem p i F -- City Geek 02-1312 S'Y AR CONSTRUCTION CO., INC. 2156 N.E.124TH STREET, NORTH MIAMI, FL, 33181 TEL 305403.4101 / FAk 3054111134M IIIEMBER: SUILDOW ASSOCAAIM OF SOUTH FLORIDA MENOM NOR I NAtM CHAS OF COMEiACE MEUM: WEIR BUSINIM BUREAU SOUTM FLORIDA STATE CERTIFIED CC:CRC 010047 Joyce McPhee Department Of Building And Zoning City Of Miami 444 S.W. 2"0. Ave, 4'h Floor. P.O. Box 330708 Miami, R. 332334708 Dear Ms. McPhee: SeptemW-6,2002 It was my pleasure mecting with you the other day and I wish to thank you for your assistance in handling the zoning matter and correcting the application for ZB-2002587. Property location 661 N.E. 83'd St. Miami, Fl. The Variance application states: " to allow existing building in required rear setback.". I believe it should state: " to allow an addition to exisfin building in required rear setback." I do realize it was a very hectic Friday and this might have been just an oversigiat Your opinion and review of this situation will be greatly appreciated. You may reach me at your convenience at my office. The telephone number is: 305-893-4101. My mobile number is 305- 796-7818. Again, nmy thanks, . Feldman,, Encl. copy variance letter. Submitted p record in connE:k: item Pz-ti c = Priscilla A i y �p3on City Clerk C-?<- .Z 02-1312 ( I u r- 1. "t I bAL;r\ t-tKml I I tu WHEN HOUSE BUILT) ZONING CLASSIFICATION C0 RS -2/2 Re: Atlas Miami, Florida 9500 Adopted Sept.23,1982 md ,#Umended, Chapter 54, REAR Aqcle 5, Section 3405.2) r e c,,.,;, r a In co n i PROPERTY LINE Priscilla A. 'Thop,'�-lps-f-o--n- City Clerk 02-1312 A"% 0 LEHEW RESIDENCE - FRONT & REAR VIEWS Submitted Into the public record in connect o wi h item 2 - on 1 Priscilla A. Tho pson City Clerk 02-1312