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HomeMy WebLinkAboutR-01-0356J -01-180(b) 04/17/01 RESOLUTION NO. 0 1.. 3 5 6 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A REAR YARD SETBACK OF 10'0" (20'0" REQUIRED) FOR A SINGLE FAMILY HOME FOR THE PROPERTY LOCATED AT APPROXIMATELY 2891 COACOOCHEE STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," CONDITIONED UPON A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of March 12, 2001, Item No. 5, following an advertised public hearing, adopted Resolution No. ZB 2001-0414 by a vote of six to two (6-2), denying 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 a rear yard setback of 1010" (2010" required) for a single family home; and WHEREAS, the applicant has appealed the decision of the Zoning Board; and ATTACHMENT (S) CONTAINED C3TY COUMSSION MEETING OF APR 2 6 2301 W. 01- 356 WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds that the stated grounds for the appeal and the facts presented in support thereof do justify reversing the decision of the Zoning Board and granting 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 grants the appeal, and reverses the decision of the Zoning Board (Resolution No. ZB 2001-0414, adopted March 12, 2001), thereby granting a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a rear yard setback of 1010" (2010" required) for a single family home located approximately at 2891 Coacoochee Street, Miami, Florida, legally described in "Exhibit A," attached hereto and made a part hereof, conditioned upon a time limitation of twelve months in which a building permit must be obtained. Page 2 of 3 01 ~ 356 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 26th day of April , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislat,. becomes effective with the elapse of ten 00) days from the/d� a of C regarding same without the Mayor exercisiW a wn // ss:c, . ATTEST: WALTER J. FOEMAN CITY CLERK � APPRQV D &�S TO F CI ATTORNEY 5113:YMT:nr:BSS AND CORRECTNESS ,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 3 of 3 01-- 356 � �3�0 �/!oG�pihurt- - (so/t owmD4X 899 C44aadw zi I gY6 10s- 8sl 7717 � k � h 4k -.-T t ry, 1. Aft t -w 0 /y � 6C- CIOo S} 2-82S Coo Cod ee st 1 `7-7 9 -7 t & E-A. -714 ( � Submi,",ed intn. rOcOrd in itern Waller of- 356 ADVI, SECURITY ACTION L SCR -ND +/- + PAGE' 1 9905632 1504 COMPLAINT TRACKING MODULL (33) C VIOLATION MAINTENANCE SCREEN COMPLAINT NO: 9905632 TYPE: 511 STAT: 0 NC BOARD: C CASE NO: 9905632 REF NO: 1504 COMPLY DUE 03/10/2001 COMPLIED DATE TKT TIME ADDRESS: E- 2891 COACOOCHEE ST TKT DATE TICKET NO: TICKET FINE: MAINT BY: GJA DATE: 03/24/1999 STATUTE: C DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 03/24/1999 VIOLATION DESC: WORK COMPLETED WITHOUT A PERMIT. STATUS: A LEGAL DESCRIPTION: THE BANYAN PRIM: Rl PB 141-100 F-18016 SD1: LOT 1 BLK 1 <MORE> OVERRIDE: CUSTOM VIOLATION / CORRECTION TEXT CLARIFICATION: CORRECTION: PRESS <XMIT> TO CONTINUE 2891 Coacoochee Street Code Enforcement Case No. 9905632 Work completed without a permit and Encroaching in required yards/open space 03/25/99 — Notice of violation 04/20/00 — Summons to appear 05/24/00 — Case continued to 7/26/00 06/05/00 — Summons to appear 07/26/00 — Case continued to 9/27/00 07/27/00 — Summons to appear 09/27/00 — Case continued to 10/25/00 09/29/00 — Summons to appear 10/25/00 — Final 60 days continuance granted 12/13/00 — Scheduled for extension of time 12/13/00 — Granted 90 days extension 01 y sb6 25 I T •, W A • D RIVE i ° s 10 N • `0 9, P f i e 2 ,t I i ' j • t ~ 3e t • ♦ / c y - - s i C, A _It T E DRIVE • TOW0 tOv[ • 7 • • w 10 23 a s°' J 3 3 0�, f H E E •N!« MA p 1 z: m t R/Vv '' • 1 E 21 's 1 24 2V` •• • � y � �2f cr 2 I 1 f IO 1 t 12 17 14 M 14 17 1• 1• 0 27 It , _ u 30 • W v > 417 Q Q O� N I 2 3 a f t 7 f f q 1 1 12 I 1 1 t 14 17 1 H 20 X21rZ.Z [Itr3-[25 a 3 t .. �, 2 0 314 2 i j ESPANOLA O DRIVE ` n •-� JALA i • 7 Q T 14 t 2 3 f t T 1 lz 13 14 to 14 17 ; 1 20 21 22 23 �4 t3° • a �_ , 13 • 40 10 12 10 IN, CRYSTAL rR s °` s Tit 0 41 f+ . • A ip Ln s � , Ta NA 0 7 A s s F,0 r ; -U— • / • I G Q 9`� r / s O s a •• Q\,P � IO Np 1- 356 I - . ' : °. } ■ _�. ' � � � � �. .,.,,., ' � .. s. IEXtilBiT-A--- CHARLES W. CARR Sim" LAND SURVEYOR .9245 S. W. 414TH STREET TELEPHONE I NEallo="MR ,vESENIfAn%lf MIAMI, FLORIDA. 33165 221-3416 u son*NISE om.'Tsw�►�•� -'SURVEY NUMBER: 95 08- BOUNDA055SURVEY OF: 2•WIf BLOCK 1 'SUBDIVISION: 1 'THE BANYAN" ;ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT rAT PAGE 100 OF THE PUBLIC RECORDS OF DADE COUNTY) BOOK 141 FLORIDA.. DATE: AUGUST 5TH, 1995 PROPERTY ADDRESS: 2891 COACOOCHEE' STREET CERTIFIED FOR: MIAMI, FLORIDA. 33133 LANG BAUMGARTEN NORTHERN TRUST BANK OF FLORIDA N.A. WALTON LANTAFF SCHROEDER AND CARSON ATTORNEYS' TITLE INSURANCE FUND, INC. AI 3 •!8' 45'E. 0 tMAA� RECERTIFIED: .JANUARY' Z9, 1999 .JANUARY 2,.2001: 3. hK gotT111W3 Erkwu Cf UWATICN RIQOO-ihr, INW*n m Kra" If SO 311RVE1 ODES NOT MMT 10 N: MCT NIT � DFw 9t7NI Of TE AEm1M FLAT QT f1A1' of 71,19 WMINO• BU6 RmEr am Not 1 Np tJl SIM NNW um Tor ATsym, ltm - 4. 11111 SuKYM 011► NN ItEfFMW nE P, MRIN6 OF nE 11 MIlm VMZL, NX 1»` OSWAO Te 900 NMS IN CMUNRE 1111 S. kr 101II m" NO tfltTmi, is so t" DIE OCOM RAT, DE UWL MWIPI mu Np ommo In Tg1C11t1rL IEfmar, 3milm on No sum o1 in tDGT1011 s 6.THE Cam I ylb tERE1N GE�IIIEO IJMo N R MI/NIN ht� , 11N3ItNdT AFUWWAtomea. � Gs volick Ali lbulsla l,Nn I. Ims If A Low fUIm Nq wa imp ATo lilts Romy mwuri Ml�l 1Nt NNIMIt FLQtIVA STAIE bW ff LW NRYET� NT ib4INI3tRATIVE MIX, NO RM IS MIT AemimIATIot. 04 LOCATION SKETCH: 1�AWAOWA w e)l nvls nAr �I v O I/SList' N AWR As w 7AWL 4v�,414(146 LOT DETAILS: SCALE: 1' = 20' I Immey CERTI SC.EICII REPRM , Imm umm w NV OV.P CT 'IU AHD Bmiv. REGISIPWILAR SUIS OF t , 90-1 VAL Eta ATIt 0 LOCATE. THE CI- 0AIIE CI 01- 356 Case Number: 2001-0416 ZONING FACT SHEET 12 -Mar -01 Item No: 5 Location: Approx. 2891 Coacoochee Street Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Lang Baumgarten 2891 Coacoochee Street Coconut Grove, FL 33133 App. Ph: (305) 859-9714 Zoning: R-1 Single-family Residential Request: Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Schedule of District Regulations, Required rear yard, to allow a rear yard setback of 10'-0" (20'- 0" required) for a single family residence. Purpose: This will allow a rear yard setback of 10'0" for a single family residence. Recommendations: Planning Department: Denial Public Works: No comments Plat and Street Committee: 'N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: 9905632 Last Hearing Date: Found: See Attached. Violation(s) Cited: See Attached Ticketing Action: See Attached Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: 3/12/2001 CEB Action: History: This property was granted a variance by the Zoning Board to allow a rear yard setback of 10'-0" (20'-0" required) on 4/5/99 by Resolution ZB 1999-0169. Also on 12/16/91 by Resolution ZB 91-91 was granted a variance by the Zoning Board to allow a 9.89' rear setback for this single family residence. See attached information regarding both cases and conditions for same. 01- Case Number: 2001-0416 ZONING FACT SHEET Analysis: Please see attached. Zoning Board Resolution No: Zoning Board: Denial City Commission: N/A 12 -Mar -01 ZB 2001-0414 Item No: 5 Vote: 6-2 t , 01-- abc LANG BAUMGARTEN 2891 Coacoochee Street Coconut Grove, FL 33133 Telephone: (305) 854-5000 Office (305) 859-9714 Home VIA FACSIMILE (7-, 305.416.2035 AND U.S. MAIL 0 March 14, 2001 Teresita Fernandez Executive Secretary City of Miami Office of Hearing Boards 444 S.W. 2nd Avenue, 7' Floor Miami, FL 33130 RE: 2891 Coacoochee Street Dear Ms. Fernandez: Please accept this letter as a request for appeal of the denial of my variance request on the above - referenced property last Monday night, March 12, 2001. I believe that my case was not properly considered for hardship given all the various facts, many of which were not known by the Board at the commencement of the hearing. Please indicate receipt of acceptance of this appeal request at the above -indicated address and phone numbers. Regards, Lang Ba len LB/lcs 01M $56 ANALYSIS FOR VARIANCE a1" '356 CASE NO. 2001-0416 Yes No N/A ❑ 0 ❑ Special conditions and circumstances exist which are peculiar to the property. © ❑ ❑ Special conditions are result of petitioner's actions. ❑ 7 ❑ Literal interpretation of ordinance causes undue hardship on petitioner. ❑ ❑ rv� Granting variance conveys same treatment to owner. ❑ ❑ © Variance, if granted, is the minimum variance for reasonable use of property. ❑ ❑O ❑ Is in harmony with general intent and purpose of ordinance. ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a1" '356 ANALYSIS FOR VARIANCE 2891 Coacoochee Street CASE NO: 2001-0416 Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Variance has been reviewed as follows: Variance for rear yard setback: Required -20'- 0" Proposed -10'- 0" 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 12,665 Sq. Ft., where a standard lot typically has only 5,000 Sq. Ft. • It is found that the property has been noticed with a Code Compliance Violation for building without a Building Permit since March 25th, 1999. • 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 the subject lot has been developed, to some extent, without the benefit of building permits thereby not leaving space for the subject addition; this is a self imposed hardship and should therefore not be considered a valid justification for any encroachment. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. ®1. 3r)6. Miami Zoning Board Resolution: ZB 2001-0414 Monday, March 12, 2001 Mr. Angel Urquiola 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, REQUIRED REAR YARD, TO ALLOW A REAR YARD SETBACK OF 10'0" (20'0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2891 COACOOCHEE STREET, LEGALLY DESCRIBED AS LOT 17, SILVER BLUFF (1-77), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Mr. Allan Shulman, the motion was passed and adopted by the following vote: Mr. Rodoffo De La Guardia Yes Mr. Charles J. Flowers No Mr. Joseph H. Ganguzza Yes Ms. Ileana Hemandez-Acosta Away Mr. Humberto J. Pellon No Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Away Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes Ms. Fernandez: Motion carries 6-2 AYE: 6 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 2 Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 2001-0416 Item Nbr: 6 01- 35s ZON NO BOA / TON ON PETTITON FOR VARIANCE MOTION• the request on Agenda Item # 5 RANTED) m that the be . Seaton 903.1 tzQuiremenu of MEW (WERE NOT) satisfied by relevant evidence in the Record of the public hearing, (a) as stated in the City's finds or fact, or (b) as deumnsmftd by the petitioner, or (c) on the basis of the following; The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (HAVE BEEN) (HAVE NOT BEEN) demonstrated. OONE (a) Special conditions and = mstanm ( (DO NOT EJEST) which are peCUliar to the land, structure or STATEIVIBNT' building Volved and which are not applicable to other land's, eruct ues, or buildings is the same inning district 1) as stated in the City's findings of fact Z) as demonsuated by the petitioner 3) as otherwise stated below. (b) The special conditions and cnvumstanm (DO) (DO NOT) Result from the actions of the petitioner 1) as stated in the City's findings of fact the petitioner 3) a: otherwise stated below. (c) Literal pian of the XOvisioas of zoning atdhmm (WOULD) (WOULD NOT) deprive the applicant ofRights cztmm0Uly �j� by other prope tiff in zmng district under the teems of the zoning the inance petitioner work tom, and undue fps on 1) as stated in the City's findings of fact 2) as demousnaud by the petitioner 3) as otherwise stated bellow. 41- 356 (d) Chanting the variance req=smd (WELL) (WILL NOT) convey the same tramoneut to the individual owner as to tate owner of other lands, buildings, or structures m the same zoning district I) as sued in the City's fiadiags of fact 2) as den a rated by the petitioner 3) as otherwise stated below: (e) Gnmfing the vaimm requested (WILL) (WILL NOT) convey the same mmt art, any special privilege that is denied by the zoning ordinance to other latah, buildings or structuru in the same zoning district. (f) If Formed the variance (WILL BE) (WII.L NOT BE) in harmony with the general mant and propose of the moning ordinance, and will not be injurious to the or otherwise detrimental to the public welfare I) as smW in the City's findings of fact 2) as demoted by the petitioner 3) as otherwise atoned below: L Sr -#--5 Agenda Item 3/1a�ol nate 01. 356 ADBD SECURITY ACTION L SCR `D +/- + PAGE 1 9905632 JMPLAINT TRACKING MODULE 905632 (35) BOARD MAINTENANCE SCREEN COMPLAINT: 9905632 TICKET BOARD: C $5000 FLAG: N LIEN FLAG: OWNER NAME: LANG BAUMGARTEN STAT: 0 NC PEND LIEN: EXACT ADDR: 2891 COACOOCHEE ST NET: 11 CERT LIEN: ASSIGNED: Z GJA GISELA J. ALFONSO REF NO: CERT BY: CASE NO 9905632 HEARING DATE 01102001 OUTCOME CON INSTALLMENTS APPEAL: N DATE DEADLINE PER DIEM: 150.00 2ND PARTY NAME: LANG BAUMGARTEN CAP: 0.00 ADDR 2665 S. BAYSHORE DR., PH 2 DADE CNTY LIEN: BOOK FROM PAGE CITY MIAMI STATE FL ZIP 33133 TO PAGE REMARKS: ON 5/24/00 CASE CONT TO 7/26/00;ON 7/26/00 CASE CONT TO 9/27/00;ON 9/27/00 CASE CONT TO 10/25/00 ON 10/25/00 FINAL 60 DAY CONTINUANCE GRANTED;SCHED FOR EXT-12/13/00;OK PER RUTH-LAW;ON 12/13/00 GRAN- BOARD STATUS: C TED 90 DAYS;$150.00 PD ADMIN BOARD CALL TOTAL PER FEE COST EXPENSES FINE PER DIEM DIEM ADJ CURR BALANCE: 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DUE: 0.00 PRESS <XMIT> TO CONTINUE Qi- 356 ADVI SECURITY ACTION L SCR -)D +/- + PAGE 2 9905632 1522 COMPLAINT TRACKING MODULE (33) C VIOLATION MAINTENANCE SCREEN COMPLAINT NO: 9905632 TYPE: 511 STAT: 0 NC BOARD: C CASE NO: 9905632 REF NO: 1522 COMPLY DUE 03/10/2001 COMPLIED DATE TKT TIME ADDRESS: E- 2891 COACOOCHEE ST TKT DATE TICKET NO: TICKET FINE: MAINT BY: GJA DATE: 03/24/1999 STATUTE: Z DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 03/24/1999 VIOLATION DESC: Encroaching in required yards/open space STATUS: A LEGAL DESCRIPTION: THE BANYAN PB 141-100 F-18016 LOT 1 BLK 1 <MORE> CUSTOM VIOLATION / CORRECTION TEXT CLARIFICATION: CORRECTION: PRESS <XMIT> TO CONTINUE PRIM: R1 SD1: OVERRIDE: 01- Ube Miami Zoning Board Resolution: ZB 1999-0169 Monday, April 05,1999 Mr. Osvaldo Moran-Ribeaux offered the following Resolution and move its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE 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 A STRUCTURE WITH A REAR YARD SETBACK OF 10'-0"(20'-0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2891 COACOOCHEE STREET LEGALLY DESCRIBED AS LOT 17, SILVER BLUFF (1-77) AND FIRST AMENDED PLAT OF SILVER BLUFF (1- 158), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA THIS VARIANCE WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE VARIANCE SHALL RUN WITH THE STRUCTURE; AND 2) RECORDATION OF THIS CONDITION IN THE FORM OF A COVENANT (AFTER REVIEW AND APPROVAL FROM THE CITY ATTORNEY'S OFFICE) TO BE SUBMITTED AS PART OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AT THE EXPENSE OF THE PROPERTY OWNER PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. George BarW Ms. Gloria M. Basila Mr. Charles J. Flowers Ms. Ileans Hernandez -Acosta Mr. Osvaido Momn4WMaux Mr. Humberto J. Pollan Mr. Fidel A. Perez Mr. Juvenal Pin& Mr. Rkmrdo D. Rua AYE: NAY: ABSTENTIONS: NO VOTES: ABSENTS: Ms. Fernandez: Motion carries 7-0 Yes Away Yes Away Yes Yes Yes Yes Yes Teresrta L. Femandez, Chief Office of Hearing Boards Case No.: 1999-0201 Item Nbr: t 01- 356 TSE BANYAN Lot 2 Tentative Plat #1415 2891 Coacoochee Street 12116191 ZB 91-91 GRANTED the Variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 49 Section 401, Schedule of District Regulations, to allow a 9.89' rear setback for the existing single family residence in conjunction with replatting the exisitng site into 2 lots and subject to removing all encroaclments to meet the 5' side setback; Zoned B 1 Single FawUy Residential. The Variance has a time limitation of in which the building permit must be obtained and subject to 25' radius If existing wall is ever removed. `A1- 356 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. oil, $54 CITY OF MIAMI OFFICE OF HEARING BOARDS 444 SW 2n0 Avenue, 71" Floor • Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 APPLICATION FOR VARIANCE ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS OFFICE ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. RESOLUTION RECORDATION COST IS $6.00 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 Ordinance 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 enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off- street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). I, hereby petition the City of Miami Zoning Board for a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at 2891 Coacoochee St. , Coconut Grove, FL 33133, folio number 01 4115 090 0010 Nature of proposed use (please be specific): Primary residence Three original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Three original pians, signed and sealed by a State of Florida Registered Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 3. Plans need to be stamped by the Office of Hearing Boards first and then signed by Public Works, Zoning and Planning prior to submission of application. 4. An 8 % x 11" copy of the signed plans attached to this application. 01- 356 5. An 8 '/ x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 7. Certified list of owners of real estate within a 375 -foot radius of the outside boundary of the subject property (see pages 7 and 8). 8. At least two photographs that show the entire property (land and improvements). 9. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Cost of processing according to Section 62-156 of the City Code: CS, PR, R-1, R-2, (single-family and duplex residential uses) Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot Minimum All applications for Variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended Minimum $ 250.00 $ 45.00 $ 700.00 $ .10 $ 650.00 Application for Variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee; per Variance: CS, PR, R-1, R-2 All other residential districts All nonresidential districts Extension of time for Variance Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 250.00 $ 450.00 $ 550.00 $ 500.00 $ 3.50 Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies of the City; such surcharge to be refunded to the applicant if there is no appeal by the applicant or from a property owner within three hundred and seventy-five (375) feet of the subject property. 2 01. 356 12. The Variance request is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows: 13. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Section 1903 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. (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 zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) The subject property received two variances, in 1991 and 1999, which conferred the same 10' setback varaince requested herein. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: In 1993, the petitioner added the subject bedroom. He hired the contractor who was building the adjacent home. Petitioner assumed that this contractor had obtained the necessary permits. (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that: The existing room is built to the same setback level as the adjoining master bedroom which received a setback variance in 1991. Moreover, that master bedroom was built when the subject property was a corner house (the property was platted into 2 lots and the corner lot sold off in 1991) and a 10' setback variance was and is the law for a corner house. (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: While interior lot houses are subject to a 20' rear setback, the subject house was built as a corner lot house, enjoying a 10' rear setback rule. room in question was built as a continuance of a legally constructed room. 3 61- 356 (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: Only half of the room in question requires the variance. (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare in that: The subject property is surrounded by a 6' coral rock wall. The room in question cannot be viewed by any neighbor without standing on a ladder and peering over the wall. Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with this application. . :/ Address 2891 Coacoochee Street Coconut Grove, FL 33133 Telephone ( 305) 854-5000 Date March 1, 2001 4 ®j- 356 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged befl 20_Pj , by known to rrte o as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE me this /9-rday of k -Pr -CJ -1 who is personally UNDA S. SHWAKE WCOMMriS W # CG 729571 EXPIRES; May 3, 2002 WWd7WN0tWyPubicUnd -*M The foregoing instrument was acknowledged before me this day of 20 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. (Stamp) STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of _ 20 , by partner behalf of He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) 5 Signature (or agent) on a partnership. 01- 356 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Qin 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. 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. _ 6 Applicant,,$ignature STATE OF FLORIDA COUNTY OF MIAMI-DADE fL The foregoing instrument was acknowledged before me this S day of 20 o / by E.•. who W personally known to me or who as produced as identification and who dict not) take an oath. Signature EFMAR. IAL NOTARY SEAL (Stamp) LA L SOMMERMrseaN uuMMC118028 EXPIRES O 01- 356 OWNER'S LIST Owner's Name Lang E. Baumgarten Mailing Address 2 R 91 Cnacnnnhc-e S� Coconut Zip Code 33133 Grove Telephone Number ( 305) 859-9714 - Home ( 305) 854-5000 - Office Legal Description: The Banyan PB 141-100 LOT 1 BLK 1 Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Zip Code Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description YZA Street Address Street Address !I Legal Description Legal Description DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: THE BANYAN PB141-100 LOT 1 BLR1 2891 COACOOCHEE STREET COCONUT GROVE, FL 33133 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, and/or any other interested parties, together with their addresses and proportionate interest. LANG E. BAUMGARTEN 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 375 feet of the subject real property. N/A Owner or #mey for Owner STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowled ed before me this 5 71- day of 20o / , by a,*i.H who is pe nally known to me or wh has produced as identification and who did (did not) take an oath. Signature a �P�RYPVnQ �NE(Stamp) OAAMELAASCH19D R 9"SMIMO" F OC MAER ow�N MMMER R. CCTI8028'� MY 01- 356 ' A�..� (il�iwt uttilN .,,�M Lang SaMprten 3250 Mary Street, 0405-A brsr: Coconut Grove,.FL 33133 U— e $ Z t'L ? 0 CC UJ - W Q W tl r* bptntmrt heptsad W. Richard H. Reynolds, Esq. a 2350 Coral way, Suite 201 Miami, Florida 33145 ft*Mtg NWdM Furcal LIL (Fully Mutbtrtal: AnrN*) S.B.1(* waaaaMretoaso IrewM. To eataCO raft" N DEC 21 FM 4=25 99'i GSQZd — Nutt NOSO is tor! to P11MOM ran W= NOPE we Na W O 1111 Yn IMs lftn 4 PW Made lhe day of December A. 1). i9 89 by Richard H. Reynolds, the unremarried widower of H. Ingrid Reynolds, deceased, hereiraftei called the grantor. Io Lang Baumgarten whose postoffice address is 3250 Mary Street, Apt. 405-A,Coconut Grove, FL hereinafter cow the granter: 33133 (wtr— .ad b—i. d. • vwwr" ..d .we" 1.,l.& al M p—;. w ga. i -I_- .d n. Min. h.A SrWt.ewl — . W .w- .I .dw d..l.. .W M wccew.c .W ,.w.l- r ca.our,ci.-) VON": That Ilse grantor, for and in consideration of the sum of $10. 00 and other valuable considerations, rerripi whereof is herrhy ae66adrdned. hereby grants. bargains. sells. oliens. re- ndses, rebases. conveys one' confirms unto the grant#*, all that certain land situate in Dade County. Florida. vis: Lot 17 of SILVER BLUFF, according to the Plat thereof, recorded in Plat Book 1, at Page 77 and according to the First Amended Plat of SILVER BLUFF, rocorded in Plat Book 1, page 158 of the Public Records of Dade County, Florida. ..�,� Documentary Stamps Collected $ i SURTAX Dec. Stamps Collected Class "C' Intangible Tax Collected $.-=_ Richard • - Richard P. Brinker Cleric, Dade County, Fla. gyiK��.Cat.CT. DC lOOld" with oU the tmanenia, hmdtiar ants and appurtenances thereto belongbW or in any- wise appertaining. ,,,t `- 70%at11L W , the roma ire fes simple forever. FWthe grantor hereby couenartta Wilk add grantee that the grantor is lawfully seised of said 6td in fee simple: that the grantor has good right and lawful authority to sell and convey said land. that the grantor hereby fully warrants the title to sold land and will defend flue seine against due lawful claims of all Pesuoru whooaoetser: and that said land Is free of all encumbrances, except taxes accruing subs"uml to Denmber, sl. 19 89 ,� •r �„ +YSG�.•l ht t0fr the said grantor has signed a sea these presenb't and ear first above sorusen. y • �._ . sea deli in .our presence• _ � 1 ........_. ............... ................. ........................ ... . ............... ......................... ATL of Florida Coosa of Dade I HEREBY CERTIFY that on this day, bedote ire, an officer duly authorised in the State aforesaid and in the County aforesaid, to take acknowledpnatb, petmaagy, appeared RICHARD 11. REYNOLDS to me known to be the person described in and who executed the foregoing instrusaent- daeknowded<ed before me that he executed the same. WITNESS my band and of(iclal seal in the County and State Iva doresa'Id.r 1���7y()'. _ day of December A. D. 19 89 j r r Mataty FetbB0. 81MY 0001111111MI5 of Ftrtlda At inya 1lerrrttld ttfhr tnMrltw11 " Ag;902 ,tgr — �� rr :•a" 2891 COACOOCHEE STREET R-1/SINGLE FAMILY RESIDENTIAL VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required, rear yard. Required rear yard 20 feet Proposed 10 feet Y& McPhee Date Zoning Inspector II Oi- 356 r€ BU M G A E _E E- N E E__ f U F N; E_ #rr 4 2891 COACOOCIHEE STREET COCONUT GROVE, FLORIDA P[MviMY 100.04' POfx v.Mfxwru �SrW`I b yet A F d 0\ r .wOw I .G t, 1510' F+YrNO VMW rpY I ru 5.90' b co 6UEINa CORK T ` � � 60f1t6M61NN41 A I co I = 2000' 65'_0• 19.50' l m �— I� � CteilOPYr�OiiCfl[LE I 1I 2,000.00 S.F. �I 5.5D' f.f. EIEV. a0.0O' (.+frY wvo) Irt�oea'xolwEw II WX NT. a 11.06' I �N SITE Pl_Ai\ 62.10' 100.04' 61YrvgOM.0 -- 1/8" = 1'-0" I I I TIGNTAILAWMUE LOCATION SKETCH_ N.T.S. LOCATION __MAP N.T.S. Zoning Zoning Legend ZONE CT R-1 U66�6D SINGLE fIA16Y BESIOENCE Blaa..w w 1..• 6513!'...1 �•.+.1 Y�.II.Yr.Y, .MYt[YY'.ASYA.l. Y7pLL 107 ® Y.Y' i [YM' • 6M6.Y 6I. IWMEO[N[Ip M.w' u+mE 107 �sr6. .Y' mYm arinl0n76rm 5,126.10 +Y) 2.6°0.70 M ,60 Of w w rM . 3..17.37 ...1 t-WOM IM ,10 01 w w . 1,281.51 5.262.72 alml �p r•q Ufl .IS 01 0[w w r.• 6Vd0Y �� 25.00 0 11.06 an .15 a v. w u•• Setback0 ww6. m[6.�o1m 7�1 v..s .nw.. 30 RW t5 ul 1.n 11W121f. Yws 6NMY ° [MI 2° f 1 bry iW ww. 20 :My t6_�n.0 willi0m homilton orthur architect inc. t IN114 w!n n O P 41 N N W U z O ttt w w Lo M V4 40 ,:z -A LEFT (NORTH) ELEVATION ,µ• - r -o' I�soKxc~ro � osVR tn. X tr 7 ♦ � 1 I nan+q I.n. �icw .u, oo un RIGHT (SOUTH) ELEVATION I 1 uYMFDIflMCMIIt REAR (EAST) ELEVATION ,µ• . I._W FRONT WEST) ELEVATION ,/.• . , -o williom homilton orthur architect inc. .—".r .— In CR? (.M. (n Z O r= a w o: O W H X W W U Z W O N W A -2 3 o! S