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HomeMy WebLinkAboutR-98-0108J-98-91 (b) 1/12/98 9 8 - 108 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL TO PERMIT A RECREATION ROOM WITH A SIDE SETBACK OF 0'-0" (51.0" REQUIRED), FOR THE PROPERTY LOCATED AT 54 NORTHWEST 56 COURT, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting of November 17, 1997, Item No. 8, adopted Resolution No. ZB 111-97 by a seven to zero (7-0) vote, DENYING the requested Variance, as hereinafter set forth; and WHEREAS, an appeal has been taken to the City Commission by the applicant/property owner from the denial of said variance; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that there are peculiar circumstances affecting this parcel of land and that there are practical difficulties and unnecessary hardships which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; cm COMMISSION: MEETING OF JAN 2 7 1998 Resolution No. 98- 108 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter denying the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, R-2 Two -Family Residential, to permit a recreation room with a side yard setback of 0' -0" (5' . 0" required) for the property located at approximately 54 Northwest 56 Court, Miami, Florida, per plans on file, legally described as Lot 32, Block 1, WESTGATE SUBDIVISION, according to the Plat thereof as recorded in Plat Book 13, at Page 3, of the Public Records of Dade County, Florida, is hereby reversed and the variance is hereby granted. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of January 1998. ATTEST: WALTER J. FOEMAN, CITY CLERK XAVIER L. SUAREZ, MAYOR 2 - g8- 108 PREPARED AND APPROVED BY: YAMIIj,EAMA ASSI N't C,1TY TY APPROVEDIP/S TO ORM AND CORK ES JJO L EDWARD MAXWE L I RIM CITY ATT09NEY W2180:YMT:BSS:dsl in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of Us legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days from the date of Commission action regarding same, without the Mayor exercisinAapto. -101 Waft,,KFden-M, City Clerk 3 - 99- 108 PZ-7 ZONINv FACT SHEET Case Number: 1997-0046 17-Nov-97 Item No: 8 Location: 54 NW 56 Court Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Randall Wise 27 NW 20 Street Homestead, FL 33030 App. Ph: (305) 248-7763 Zoning: R-2 Two-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, R-2 Two -Family Residential, to permit a recreation room with a side setback of 0'-0" (5.0' required); zoned R-2 Two -Family Residential. Recommendations: Planning and Development: 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: Last Hearing Date: Found: Violation(s) Cited: SEE EXHIBIT 1 Ticketing Action: Daily Fine: $0.00 Affidavit Non -Compliance Issued )n: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: The present status of the aforementioned stru ;:ure encroaches into the neighbor's (north side) property and by this variance it will be cut (removal of the encroachment) to obtain a setback of 0'-0". Analysis: Please see attached. 98- t08 Case Number: 1997-0046 ZONING FACT SHEET 17-Nov-97 Item No: Zoning Board Resolution No: ZB 111-97 Zoning Board: Denial Vote: 7-0 Appellant: Randall Wise EXHIBIT I CODE ENFORCEMENT ADDRESS: 54 NW 56 COURT I. CASE NO.: 96-5205 VIOLATION: WORK COMPLETED WITHOUT A PERMIT, BUILDING AND/OR ROOFING, ETC. STATUS: OPEN/NON-COMPLIANCE HISTORY: HEARD ON 5/22/96 - FOUND GUILTY; ORDERED TO COMPLY BY 8/20/96 OR BE FINED $250 PER DIEM;'.ON 3/19/97, THE CODE ENFORCEMENT BOARD SET ASIDE ITS ORDER DATED 5/24/96, AND ALSO GRANTED AN EXTENSION OF TIME TO 7/17/97; ON 12/10/97 REQUESTED AN EXTENSION OF TIME, AND WAS ORDERED TO COMPLY IMMEDIATELY;, AFFIDAVIT OF NON-COMPLIANCE ISSUED -ON 12/10/97; FINES.DUE TO DATE $45,750.00. LIENED ON 1/21/98. II. CASE NO.: 97-7116 VIOLATION: ILLEGAL UNITS. STATUS: OPEN/NON-COMPLIANCE HISTORY: ON 5/21/97 CASE WAS CONTINUED. 98- 108 -5 r . V a November 28, 1997 Hearing Boards Division Planning, Building & Zoning Dept. 275 NW 2nd Street Room 226 Miami, Florida 33128 Attn: Teresita Fernandez RE: Lot 32, Block 1 Westgate Plat Book 1.3 Page 3 Case 96-5205 Dear Ms Fernandez: with this letter I wish to appeal my case for a variance to the City of Miami Commission. I appeal on the grounds that a precedant was set by my neighbor next door to my property at 100 NW 56 Ct Case # 92-699 Rafael Rodriquez. A variance was granted under the exa^t same reasons that I am .requesting. The only difference between the two situations is that my structure is more sound and stable in construction having been built with CBS concrete block as opposed to Frame, Lathe, and Stucco found on the approved variance property of 100 14W 56 Court. Please contact me with the date and time of the scheduled Commission meeting that I am to present my case before. Please also have as part of your records for the hearing the file for Mr Rafael Rodx-guers'variance Case #92-699 including all Plan Drawings, Permits, and Dade County Tax Cards. Thank You, Randy Wise (305)334-1963 a N G 98-- 108 Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 111-97 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD DENIED THE VARIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, TO PERMIT A RECREATION ROOM WITH A SIDE SETBACK OF 0'-0" (5.0' REQUIRED) FOR THE PROPERTY LOCATED AT 54 NW 56 COURT LEGALLY DESCRIBED AS LOT 32, BLOCK 1, WESTGATE SUBDIVISION (13-3) PUBLIC RECORDS OF DADE COUNTY, PER PLANS ON FILE; ZONED R-2 TWO-FAMILY RESIDENTIAL. Upon being seconded by Mr. Tucker Gibbs the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Barket, Crespo, Gibbs & Obregon. NAYES: None. ABSENT: Ms. Cuervo. Mr. Moran-Ribeaux Ms. Fernandez: Motion carries 7-0. Teresita L. Fernandez, Chief Office of Hearing Boards November 17, 1997 - Item #8 Zoning Board 98- 108 oVe n'..JY - e611ilVP CVi IJ%^4P.0%-4 MOTION: I mov that the request on agenda item T be denied (granted) that- the' requirements of Sec 1 1903.1 (we (were not) satisfied• by relevant evidence in the record of the public hearing. Da) as stated in the City's finds of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: -------------------------- -------------------------------------- The Zoning Hoard shall make findings that all of the requirements and standards of Section 1903.1 (have been) (have not been) demonstrtated. CHECK ONZ a) Special conditions and circumstances (exist) (do Or EACH not exist) which are peculiar to the land, STATEMENT structure or building involved and which are not applicable to . other lands, strpetures, ar buildings in the same zoning district. 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3} as otherwise stated belows b) The special conditions and cArcumstancee (do) (do not) result from the actions of the petitioner: 1) as stated in the City's findings of fact _ 2) as demonstrated by the petitioner _ 3) as otherwise stated below: c) Literal interpretation of the provisions of the zoning ordinance (would) (would not) deprive the. applicant of rights cossonly enjoyed by other' properties in the same zoning district under the terms of the zoning ordinance and, work unnecessary and undue hardships on the petitioner: _ 1) as stated ih the City's findings of fact _ 2) as demonstrated by the petitioner 3) as otherwise stated below: 98- 108 n �7 convey the same treatment to the ;ndiv'-dual owner as to the owner of other lands, buildings, or structures in the same zoning district. 1) as stated Ln a City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below e) Granting the variance requested (will) (will not) convey the same treatment, any special privilege that is denied by the zoning ordinance to other lands, buildings or structures in the same zoning district. f) If granted the variance (will be) (will not 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: 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: Item 0 9&- 108 ANALYSIS FOR VARIANCE 54 NW 56" Court. CASE NO: 1997-0046. 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 side setback: Required - 5" 0" Proposed - 0' 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 6,270 Sq. Ft., where a standard lot in the R-2 Duplex Resi- dential zoning district typically has only 5,000 Sq. Ft. • It is found that the tax card shows three structures on premises each containing a liv- ing unit for a total of three grandfathered living units at the subject property. • It is found that the addition, as constructed, is excessive and could accommodate more than the legally existing three dwelling units, which is actually out of propor- tion with the rest of the area that only allows two dwelling units per lot. • 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 existing addition for which a variance is sought and the other ex- isting additions, results in a overbuilt lot with an overall effect that makes the subject site appear crowded. Additionally, encroachment into the setbacks deprive the adja- cent property owners of their rightful visual separation. • 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 Department of Planning and Development is recom- mending denial of the application as presented. 98- 108 // /�R,� �111g1tIE� ��� s ©m ©m ME om yam b - Ot3i Otis ME sJ ems© ®o !00 om ot� osaa ��■ ac�©n om vm ®o o® ®ems ��■ •ss Eo© , a�-� ©tea i 0 ate. es vm tas ©® �s o>Eao ��m a® a® a® am o® am a® ®s am o® iI©1 EWA Won EM i®m vm vm Sa. )- • d:. • a R.W. 5 aT . a Sa . _ S: n,. .. C : a V S r ' tiMMO,c 200 ADek GG � �ZZ ADD(N Om N G V zoo A N .Nl-Pm--wI 4— c.a • C !•¢ a �'C . la �. aT 1141lyfl0 t� O.♦ • Sa9 is It a . Q �o z� r �s s is • • s to G/I _ s ,a u • w PATE :� .a , t0 ,� • _ a 4 NA" Sam wo mm om ate aIs ® MAI ® - �� ON ® � ® �� " .""I 6P A ■Z 0 r�� r'" vm ©®� i GAROEM OF a4�p� via vas as ® - ii� ice© , GARDEN OF THE LITTLE FLO' eh���� �aI9��o�a����� pm PT NOCE tM"wri min cw�= QP • a S.W. f - 4 , S.W. TERRACE 6Il8ERT „RES" 4 T. 1 - _- ,o s • , • a • s to .a _ h 16 Is 1 _ 1 �10 • a © ^ ..,:�3: y S . a t• 7 51 momme M Id Ell 11111111111, IN Loll I H®fialm� ® LmoV, vel,lM ®�® maao4oao �voo • WN d46.� 98- 108 /5 PETITION FOR ''RIANCE File Number A variance is relaxation of the terms of the 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 this ordinance, a variance is authorized only for height, area, size of structure, dimensions of yards and other open spaces and off-street parking or loading require- ments. (Section 1901) ,,Randall Wise hereby petition the City of Mimi Zoning Board for a variance frog the tern of the "Zoning Ordinances of the City of Miami," affecting property located at 54 NW 56 Cntirt , Miami as specified beloo. In support of this application, the following Nterial is submitted: two copies of a survey of the property prepared by a State of Florida Registered land Surveyor. XX 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and cooputations of lot area and building spacing. XX 3. Affidavits disclosing ownership of property covered by application and disclosure of interest fors (attach to applicatioft). XX t. Certified list of owners Of real estate within a 375-toot radius of the .-� wnoutside boundaries of property covered by the application. XX S. At least two photographs that show the entire property (land and improve- ._ ments). S. Other (Specify) XX 7. Fee of f__ to apply toward the cost of processing. based on the following: CS, PR, 11-1. 2-2. (single-family and **Ion residential uses) ............. S 200.00 Piers, docks, wharves and the _like, for tach,variance from the ordinance, per lineal foot ........... S 30.00 Minimv.................................... S 600.00 All other applications for sad variance from the ordinance, per square foot of gross floor am of new building(S) or additions, based upon the definition of floor area (section 1901) ............. S 0.07 Minimum ................................... S 5%.00 9R- 108 /7 flication 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-11 R-2 ......................... $ 200.00 All other residential districts .......... S 350.00 All nonresidential districts ............. f 450.00 Extension of time for variance ........... = 400.00 Surcharge equal to applicable fee from items above, not to exceed six hundred and fifty dollars ($650), except from agencies of the city, such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) x x S. The variance requested is for relief from the provisions of section 401 of the City of Miami Zoning Ordinance as follow: Side setback: Required 5'0" Proposed 0'0" _,XX 9. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 1903.1 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning bard action unless all of the following six item an completed. ,XX_ (a) Special conditions and circumstances exist which art peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same toning district in that: (list evidence to be produced and use additional sheits, if necessary.) Existing addstion was done without knowledge of permit requirements IV I Ca 98- 108 XX (b) The s' al conditions and circumstances do no :sult from the actions of the petitl�...sr in that: The petitioners are trying to legalize the existing addition Petitioner has also the approval of structure by certified engineer and contractor who attest to the soundness of the building, materials-, and construction techniques used, In many cases materials used exceeded building code specifications. XX (c) literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the sane zoning district under the terns of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: Legalization of this addition which has been existing since 1995 ,_ (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other'lands, buildings, or structures in the same zoning district in that: None , very common similar variances are surrounding this building. One such variance was granted to the adjacent property that this variance is being requested for on the same property line, XX (e) The variaaoe, if granted, is the minimum veriwe that will mate possible the reasonable use of the land, building, or structure in that: This is an after the fact condition which could adversely affe,tt the property asthetics and the familia way of life 98- 108 J9 _X (f) The gran, 'If the variance will be in harmony wit, No general intent and purpose of the : ng Ordinance, and will not be injurio, to the neighborhood, or other- wise detrimental to the public welfare. The property was constructed with slot of care and detail to improve the overall appearance of the neighborhood, The property not only blends but in addition adds to the harmony of environment, Note: All documents, reports, ii6dies, exhibits or other wri be submitted to the Zoniq Board shall be submitted wi Signature graphic material to application. � ls�� Name - Rap(dall E. Wise Address 54 NW 56 Court STATE OF FLORIDA) SS: COUNTY Of DADS ) Randall E. Wise. being duly sworn, deposes and says that he is the (Owner)(Authorized Agent of Owner) of the real property described in answer to question fl above; tMt he has read the forgoing answers and that the s are Anil and complete; and (if acting as agent for owner) that he has authority to this petition on 1 behalf of the owner. - 7� (Name) SWORN TO AM 9MqIq - before mo tbjs- of .1994. Notary Puelie. State of fl t la My Commission Expires: ' 1 20 98- 108 AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Unrla 1 1 F _ Wi CP , who being by ea first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Niami, Florida, affecting the real property located in the City of Niami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all *won which he represents, if any, have given their full and complete permission for his to act in their behalf.for the change or modifica- tion of a classification or regulation of zoning as set out in the accompanying petition. 3. That the paws attacm i hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he 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 co FW"W Affiamt 99*0 not. 7/ �r (SEAL) Sworn tto and Subscribed before me this `� day of . 19 Notary Public, State of r1brM& a Large my Commission Expires: — -- — 98- 108 a I OWNER'S LIST AN owner's Not Randa i L E Wise Mailing Address 27 NW 20 Street Homestead, FL 33030 Telephone Number 305 248-7763 Legal Description: Lot 32, Block 1 WESTGATE SUBDIVISION, according to the plat thereof, recorded in Plat Book 13, at Page 3 of the Public Records of Dade County, Florida. Owner' s Nam NONE Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or saversliy (dy corporation, partnership or privately) within 37S feet of the sweet site is listed as follow: Street Address Legal Description NONE Streit Address Legal Description Street Address Legal Description sA- 108 2.5 1. legal descriptionaml strcrt address of subject real prop Lot 32, BlocWes-,:gate Subdivision, according to Plait thereof, recorded in Plat Book 13, at'Page 3 of the Public Records of Dade County, Florida, 2. Owner(s) of subject real ;irop*rty and .percentage of ownership. Note: City of Mimi Ordinance No. 9419 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 Comisission. 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. 3. Randall E Wise 100% Legal description and street address of any real property (a) owned by any party listed in answer to question 02. and (b) located within 375 feet of the subject real property. NONE STATE OF FLORIDA } SS: COUNTY OF DADS } Randall E Wise , being duly sworn, deposes and say: that he is the (Please Print) (Owner) (Attorney for Owner) of the real property described in answer to question it abne; that he has read the for ing,r we and that the same are true and complete and (H acting as attorney for that he has authority to execute the disclosure of Urarship fora on behalf omwer- f '\J \J _> (SEA`) Signature'af Owner or Attorney for Owner SWORN TO ANO 263C 1I 0 - before me this �` day of 19q'7, Notary Public, State of F a at • MY COMMISSION EXPIRES: 9 108 25 A,- n .......eaa.n 8688—r..• vWU 0 REC. I.O48N 373 1� 11 : lily i�� �� � � I ► ` .HaftL the 29th day of September , A. D. 1566 Ketwftn LOPRA E SIMPSON, a/k/a LARRA Z THEFESE BlUJOLNY SZTSON, joined by her husband, JAMS C. SIt•"StN of 9 vi unty o/ DADE , Stage o/ FLORIDA ,Dart ies Of the Itret part, ZT'"t1!`ti of the Cos" of . DACE , Jtats of FLORIDA , party of the saeond part, Witnesfeth� that the eadd parties o/ CAe /lust part, for and in consideration of the own of and other nd food auWwbis conaddoeations, t TWt�a hand paid 61V the said part y of the eaeend part. the reeadot wk~ to hereby oeiawurladfsdr have #Panted, bargained end told to the eatd pert y of the eeeond part. his heae OW seedfnt /Grew#, the /oUoWtnf daeaNbod tand,setwta, ltrinif and beinf in the County of LADE , State of Rerdda. to We. Lot 32, Block 1, WSrGA3E S MIVISI(N, according to the plat thereof, recorded in Plat Book 13, at Page 3 of the Public Records of Dade Cak.sity, Florida. tECOhuCC`t�ht1Cftµ0V,0.O.-�.eyn00 cPaWA CUFF/` IS coal �m�' Vie"' I D J�p WOO � 4 r.t ct p. .Ind 940 said part 2rs of the )Net pert da Aomby f"y w rront the Nile to #aid ion ¢¢ and wUl defend the some afalw.t the lawfiet elaiuns of all persons whomsoever. In Witness Whereof the *odd parties of the tint part have hareante set hand the do& and year t abow en. s haoeoee r _ _ a State OE ' o— do, LDRRAIIM THERESE BEISO(NY Stt�'JQi. �,ay of js joined her husband. JADES C. 1 Htany Cit;TVY. That on $Ada der. b%re me. an o,#lear duly anther"" in &Ad State and ConsntY otoresadd to take..hneskrt.df+n.1►a, Darsenauy. arpesr!d IDRRAIIa SIMP", a/k/a LOMRRACIIE TM= PINY known to me tuobiytAa�iweA1 sJd-eieriius n. a who rivefpi4''thaTl4;;64 instrumsat and they ack"au(fad won wee Met thy► �+� vrrms !! my hand and oAkW sass in the Stets and Coti+iU t"_ this 29th day of Septtmber , /. D. d �: s�='.�� t r N 1 .fly Corn�nrauon FsprnaJl�r / a any #retie „ . it Ins r�ment Was Prapend Ild LEWIS H. FOGLE. JR. 024 &scayee skis. ; JAWM, Fr, 33�.iQ v 9 - 108 27