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HomeMy WebLinkAboutM-98-0449PZ-17 FIRST READING PLANNING FACT SHEET APPLICANT Department of Planning and Development. MEETING DATE June 30, 1997. REQUESTILOCATION Amendment to Article 9, Section 920.2 of Zoning Ordinance 11000. LEGAL DESCRIPTION Not applicable. PETITION Consideration of amending Ordinance 11000, as amended, the City of Miami Zoning Ordinance by amending Article 9, Section 920.2.2 "Parking or storage of major recreational equipment as accessory use in residential districts", in order to set forth regulations allowing storage of said vehicles in front yards, conditionally. PLANNING Denial. RECOMMENDATION I BACKGROUND AND The subject amendment is the result of a request made before the City ANALYSIS Commission by a private citizen to relax the existing Zoning regulations or allow for certain accommodations beyond those present in the Zoning Ordinance, for the storage of boats in front yards, in the City of Miami. The City Commission referred the matter to the Planning Advisory Board which instructed staff to review the matter and propose a method to address it. The subject proposal seeks to allow such storage'of boats and other recreational equipment in front yards, so long as it does not have a negative or detrimental effect on the area, or to the abutting property owners. For this reason applications to store such equipment in front yards are herein proposed to be reviewed administratively through the Class 11 Special Permit process whereupon the criteria found in section 1305 would also be applicable. It is, however recognized that the enforceability of these regulations is, at best, difficult and their unintended effect would be to increase the number of recreational vehicles and other equipment stored inappropriately in front yards, becoming eyesores and therefore a nuisance to abutting property owners and passersby. PLANNING ADVISORY BOARD Denial VOTE: 7-0 CITY COMMISSION Denied on CC 3/24/98. Marion to reconsider passed on CC 4/14/98. Motion to reschedule to CC 4/28/98 passed on CC 4/14/98. APPLICATION NUMBER 97-026 Item #5 .......................................................................................................................................................................................................................................: CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 4" SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 ............................................................. :.............................................................................................................................................................. Date: 06/23l97 Page 1 1 0 RESOLUTION PAB - 48-97 A RESOLUTION RECOMMENDING DENIAL, TO AMEND ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 92Q2.2 "PARKING OR STORAGE OF MAJOR RECREATIONAL EQUIPMENT AS ACCESSORY USE IN RESIDENTIAL DISTRICTS", IN ORDER TO SET FORTH REGULATIONS ALLOWING STORAGE OF SAID VEHICLES IN FRONT YARDS, CONDITIONALLY. HEARING DATE: June 30, 1997 ITEM NO. 5 VOTE: 7-0 ATTEST: ck Luft, Director Department of Planning and Development 98- 449 J-97-619 9/12/97 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 00, THE ZONING ORDINANCE, BY AMENDING ART E 9, SECTION 920.2.2, ENTITLED "PARKING 0 STORAGE OF MAJOR RECREATIONAL EQUIPMENT AS CCESSORY USE IN RESIDENTIAL DISTRICTS," T SET FORTH REGULATIONS CONDITIONALLY ALLOW STORAGE OF SUCH VEHICLES IN FRONT YARDS CONTAINING A REPEALER PROVISION, A SEVE ILITY CLAUSE; AND PROVIDING FOR AN EFFECT . DATE. le WHERLAS, the Miami Plann' g Advis Bo d, t its meeting of June 30, 1997, Item No.,5, followin an d r d hearing, adopted Resolution No. 48-97 y a vote even to zero (7-0), RECOMMENDING D IAL f a amendment to Zoning Ordinance 11000 as hereinafter etifo and WHEREAS, the ity ssion afte a eful consideration of this matter, no ithst in the r dation of the Planning Advisory Boar , dee 't advisabl an in the best interest of the general if a of the City iami and its inhabitants to amend Ordi an N . 11000 as ei fter set forth; NOW THE RE, BE IT A D BY THE COMMISSION OF THE CITY OF MI FLOR1DA: Section 1. The recitals and findings contained in the P amble to this Ordinance are hereby adopted by reference hereto and incorporated herein as if fully set forth in this Section. 98- 449 Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended in the following particulars:l/ "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS" Sec. 920. Parking and/or storage of certain vehicles prohibited or limited in specified districts; limitations on occupancy. 920.2 Major recreational equipment; parking, storage and occupancy; limitations and exceptions. 920.2.1. Reserved. 920.2.2. Parking or storage of major recreational equipment as accessory use in residential districts. Parking or storage of major recreational equipment shall be permitted as an accessory use in residential districts only in accordance with the following limitations: (a). Such equipment shall be parked or stored behind the nearest portion of any building to the street, provided that parking shall be permitted anywhere on the premises or on adjacent street or alleys (if otherwise lawful) for not to exceed twelve (12) hours during loading and unloading; (b) SLrh eC=ji_pment G al l be = arked or stored ;n -In any required side yard not adjacent to a street, but no such equipment may be parked or stored if it exceeds a height of six (6) feet above the ground; provided, however, that masts, 1/ Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. the remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 98- 449 antennas, vent stacks, windshields, or other minor accessories why visual im=act i c f o and t-o bP negligible from h right-of-way may exceed this height limit ; (c) Equipment exceeding the limitations set forth in (b), above, may be parked outdoors only in portions of side yards within the buildable area of the lot, or in rear yards; (d) Unless such equipment is in usable condition and carries all required licenses and inspection stickers in cLrY n and valid frirm, such equipment shall not be parked or stored other than in completely enclosed buildings—:_ u_ •- - - .•_ -.�011 •II-• •_ • IMP Is IK -•� • •• i�-• • ••_ • - •- - • • • • These provisions shall not be construed as prohibiting the docking of boats, or storage in boathouses, in legally authorized locations in residential districts. -3- 00 nthL=r •- •_ - L_is to bp laarkpd__= -•.- -• negligihlp from •- • •• - . 11 the ahiittiaq •111 • - • • 11 98- 449 Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5., , This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this day of 1998. -5- 98- 449 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of 1998. ATTEST: WALTER J. FOBMAN CITY CLERK PREPARED AND APPROVED BY: f GEORGE' K. WYSONG, • II ASSISTANT, CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO CITY ATTORNEY W347/MVR/GKW JOE CAROLLO, MAYOR -6- 9 8 - 4-4 9