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HomeMy WebLinkAboutR-98-0217J-98-150(b) 2/24/98 ��ffii 98- A 17 RESOLUTION NO. �7 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-1 SINGLE-FAMILY RESIDENTIAL TO PERMIT A REAR YARD SETBACK OF 5'-8" (20' REQUIRED) FOR AN EXISTING UTILITY AND STORAGE ROOM, FOR THE PROPERTY LOCATED AT 3885 NORTHWEST 6 STREET, MIAMI, FLORIDA; SUBJECT TO PROPERTY OWNER PULLING ALL REQUIRED PERMITS, PAYING ALL APPLICABLE FEES, AND COMPLYING WITH THE SOUTH FLORIDA BUILDING CODE WITHIN ONE YEAR. WHEREAS, the Miami Zoning Board at its meeting of December 8, 1997, Item No. 10, adopted Resolution No. ZB 123-97 by a four to one (4-1) 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; CITY CO IMSION MEETING OF FEB 2 4 1999 Resolution No. 98:: 21i 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-1 Single -Family Residential, to permit an existing utility and storage room with a rear yard setback of 5'-8" (20' required) for the property located at approximately 3885 Northwest 6th Street, Miami, Florida, per plans on file, legally described as Lot 11, Block 1, DURHAM TERRACE SUBDIVISION, according to the Plat thereof as recorded in Plat Book 44, at Page 55, of the Public Records of Dade County, Florida, is hereby reversed and the variance is hereby granted; subject to property owner pulling all required permits, paying all applicable fees, and complying with the South Florida Building Code within one year. Section 3. This Resolution shall become effective immediately upon its adoption. - 2 - 98- 217 PASSED AND ADOPTED this 24th day of February , 1998. CITY CLERK PREPARED AND APPROVED BY: YAN M RO TREHY ASS T ITY ATTORNEY APPk0Vp AS TO FORM AND RRECTNESS: �HD0dd EDWARD MAXVILL .IM CITY ATTORNEY W2222:YMT:dsl:mis -3- XAVIER . SUAREZ, MAYOR 98- 217 Pz_1 ZONING FACT SHEET Case Number: 1997-0066 08-Dec-97 Item No: 10 Location Legal: Applicant: Zoning 3885 NW 6 Street (Complete legal description on file with the Office of Hearing Boards) George Santamaria 3885 NW 6 Street Miami, FL 33126 App. Ph: (305) 649-5602 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, R-1 Single -Family Residential, Intensity, to permit a rear yard setback of 5'-8" (20'-0" required) for an existing utility and storage room. Recommendations: Planning and Development: Denial Public Works: No Comment Plat and Street Committee: N/A Dade County Transportation: No comments. Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date: Found: N/A Violation(s) Cited: SEE EXHIBIT I Ticketing Action: N/A 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: CEB Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 123-97 Zoning Board: Denied Vote: 4-1 98- 21.7 ANALYSIS FOR VARIANCE 3885 NW 6" Street. CASE NO: 1887-0066. 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 setback: Required - 20' 0" Proposed - 5'8" 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 6,596 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 easily accommodate more than the permitted one dwelling unit. • 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 additions for which a variance is sought, results in a overbuilt lot with an overall effect that makes the subject site appear crowded. Addi- tionally, encroachment into the setbacks deprive the adjacent 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; this is a self imposed hardship and should therefore not be con- sidered a valid justification for any encroachment. Based on these findings, the Department of Development, Building and Zoning is recommending denial of the application as presented. 98- 217 22 DEC 1997 City of Miami, Hearing Department 444 SW 2 ST, 7th Floor Miami, Florida, 33130 REFERENCE: Hearing Board Appeal, Dear Director: I, George SantaMaria, hereby would like to appeal the Hearing decesision held on 08 DEC 1997, becuase I fell adversed damaged in my rights, Thank you for your kind attention, Sincerely, George SantaMaria 3885 NW 6th Street Miami, Florida, 33126 Phone: (305) 649-5602 0 rn N 98- 217 Mr. Tucker Gibbs offered the following Resolution and moved its adoption. RESOLUTION ZB 123-97 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-1 SINGLE-FAMILY RESIDENTIAL, INTENSITY, TO PERMIT A REAR YARD SETBACK OF 5'-8" (20'-0" REQUIRED) FOR AN EXISTING UTILITY AND STORAGE ROOM FOR THE PROPERTY LOCATED AT 3885 NW 6 STREET LEGALLY DESCRIBED AS LOT 11, BLOCK 1, DURHAM TERRACE SUBDIVISION (44-55) PUBLIC RECORDS OF DADE COUNTY, PER PLANS ON FILE; ZONED R-1 SINGLE-FAMILY RESIDENTIAL. Upon being seconded by Mr. George Barket the motion was passed and adopted by the following vote: AYES: Mses. Basila & Morales Messrs. Barket & Gibbs NAYES: Mr. Crespo ABSENT: Mses. Cuervo & Hernandez Messrs. Obregon & Moran-Ribeaux Ms. Fernandez: Motion carries 4-1. (� Teresita L. Fernandez.,Chief Office of Hearing Boards December 8, 1997 - Item #10 Zoning Board 98- 217 7 ZONING BOARD ACTION ON PETITION FOR VARIANCE } MOTI I m that the reque on agenda item --i ID be lie (granted) in chat requirements of L�on 1903.1 (were) were n satisfied• by relevant evidence in the record of the public hearing. 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 Board shall make findings that all of the requirements and standards of Section 1903.1 (have been) (have not been) demonatrtated. CHECK ONE a) Special conditions and circumstances (exist) (do OP EACH not exist) which are peculiar to the land, STATZMM structure or building involved and which are not applicable to other lands, structures, or 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 below: b) The special conditions and eircunstances (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 •i _ 3) as otherwise stated below: c) Literal interpretation of the provisions of the zoning ordinance (would) (would not) deprive the. applicant of rights commonly 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: r , 98- 217 9 d) Granting the variance requested (will) (will not) convey the same treatment to the individual owner as to the owne -�f other lands, buildings, or structures in tht use zoning district. 1) as stated in the 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: i ignature Alglqq Date �l0 Item 0 98- 217 EXHIBIT I CODE ENFORCEMENT ADDRESS: 3885 NW 6 STREET I. COMPLAINT NO. 9707498 VIOLATION: WORKING WITHOUT A PERMIT, BUILDING AND/OR ROOFING, ETC. STATUS: OPEN/NON-COMPLIANCE COMMENT: TICKET WARNING LETTER SENT ON 4/23/97 II. COMPLAINT NO. 9710182 VIOLATION: WORKING WITHOUT A PERMIT, BUILDING AND/OR ROOFING, ETC. STATUS: CLOSED/COMPLIANCE COMMENTS: NOTICE OF VIOLATION LETTER SENT ON 6/4/97; COMPLIED ON 12/29/97. •98- 217 �� i T. • 3 upc 1vgulm milloo�ao w--- W 5 x N.W .,..., T 9 b` T • . io �• a SOpm4©Qi1 ood�. soeseo�ees��ai ,ammoa�c��mm®m, �e®ee�o�eess©s, ao�om��o�mv® �mmevm4000000 �mmmmdvoamo 11 rl - 1� I'llm� oP� w C9idi9' OOPv�lO� aoe�m� �ap�1o® ovo�m� aoQ�©■ 000�� TERR "aid 111111 � s s. s. T•. o I• n a �� � :+ s• ss s. s• :::� n �• n I. u 0205".1ma® imu 12000n mordeop OWF ad NICE moot going roopoqw 0119m, i raavo�©� w &I I 0 EST FLAG LE R AMUSEMENT CENTER TRACT A' tG.Te A. AIR -LINE CENTER AMENDED cap DOG RACK .Y I�a OomWOdmlllmgrammm�, F�I oSAM Vz ■�ao��0000� ®�ao��000© �gm��mmmm� Ile p q �t 4 a' S Xf 9 7 4 h � S i S. • 9 8 - 21 PETITION FOR VARIANCE File Humber 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) 1, GEORGE SANTAMARIA , hereby petition the City of Mimi Zoning Board for a variance from the terms of the "Zoning Ordinances of the City of Miami," affecting property located at 3885 NW 6 Street.— Miami, FL. Miami as specified below. In support of this application, the following material is submitted: XX 1. 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 computations of lot area and building spacing. XX 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). i , XX 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. XX 5. At least two photographs that show the entire property (land and improve- ments). XX 6. Other (Specify) Letter of Intent.— And the AS —BUILT for records site plan. XX 7. Fee of $ to apply toward the cost of processirg, based on the following: CS. PR, R-11 R-21 (single-family and duplex residential uses) ............. S 200.00 Piers, docks. wharves and the ' like, for each variance from the ordinance, per lineal foot ........... S 30.00 Minimum ................................... S 600.00 All other applications for each variance from the ordinance. per square foot of gross floor area of new building(s) or additions, based upon the definition of floor area (section 1901) ............. S 0.07 Minimum ................................... S 550.00 /7 : 98--217 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 ......................... S 200.00 All other residential districts .......... S 350.00 All nonresidential districts ............. S 4SO.00 Extension of tie* for variance ........... S 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) XX 8. The variance requested is for relief from the provisions of section 401 of the City of Mimi Zoning Ordinance as follows: Rear Set Back required 201, provide 5.7' (10' for a detached accesory building) Detached distance separation required 10', provide 8.65' FOR THE PROPOSED LEGALIZATION OF AN EXISTING UTILITY AND STORAGE ROOM. xx 9. In support of the application, following evidence, on the point City .of. Miami Zoning Ordinance. the applicant is prepared to offer the enumerated at Subsection 1903.1 of the Note: this application cannot be accepted for Zoning Board action unless all of the following six itesss are completed. XX (a) Special conditions and circrstaxes exist which are peculiar to the land, structure, or building involved and which art not a0licablt to other lands, structures, or buildings in the same toning district in that: (list evidence to be produced and use additional sheets, if necessary.) This one story CBS detached addition for the purposedofutility and storage use, is existing in a neighborhood where similaF non conforming uses and variances of different kind are usually present at every lot. But it existence is not a detrimental to the neighborhood or the Public Welfare. 98- 2 V I XX (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The owner thank will be good rebuild an metal utility shed by a more solid structure with a better significance for the property and the neighborhood. XX (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 wort unnecessary and undue hardships on the petitioner in that: A new renovated utility shed, will caused to the Owner a hardship financial lost for a retired elderly gentleman. XX (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 sage zoning district in that: NONE, very common similar variances are surronding this property. XX (e) The variance, if granted, is the minion variance that will maker- possible the reasonable use of the land, building, or structure in that: This is an after the fact condition, and the family way of life will be adversally affected. I _,)UL- (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 other. wise detrimental to the Public Welfare. Aparentelly each residence has an utility shed in the rear yard, this will be a permanent solid and secure utility building. HOW All docuzznts, reports, studies, exhibits or other written or graphic viterial to b3 sub:sitted to the Zoning Board shall be subaittcd with this application. Signature Owndr osxAsfldscg�>Kx 11=2 George SantaMaria Addro3s 3885 NW 6 Street.- Miami, Florida, 33126 STATE OF FLORIDA) SS: CODUTY OF OAUE ) GEORGE SANTAMARIA being duly sworn, deposes and says that he is the (Omer) ( 8smm) of the real property described in aiis"q tq qu93tion i1 above; that ho has read the foriVoing enst:rs tod that the sm are truo and co--plete; acid (If acting as e1cnt for owner) that Ile has authority to exocuto this petition on belialf of the =nsr. SNORH TO A119 SUBSCRIBED before at this 29 day of..?UNE mo AL. 1997 . ESTHER REY!?S 0 COMMIS 10N 444 CC615933 aCl�crll EXP''RES.Ah 245.2001 �C� C,Fr, THROUGH lty 1"Aft SONZ4NG co. NC 0 go r+ - , zl��t4-- -- - - - GEORGE SANTAMARIA Rotary Public, State orida at Large 98-- 21 • AFFIDAVIT STATE OF FLORIDA ) ) SS CUU11TY OF DADE ) i Before nt. the undersigned authority, this day personally appeared GEORGE SANTAMARIA who being by ci first duly sworn, upon oath, deposes and says: 1. That he is the o-m cr, or tho legal representative of the owner, suiriltttrig the accom—panying application for a public hearing as required by Ordinance 11000 of the Code of th3 City of Mani, Florida, affecting the real property located In the City of Hical, as described end listed cn the pages attached to this affidavit and nrti a part thereof. 2. lint all mars winch he represents, if ally, harp givgn tftoir full cuid coarflete poraission for file to act in their behalf for the chrrrg3 or modifice- tion of a classification or rsqulation of aoning as sat out in the ac;cuawyirri {re!ltivn. 3. )het tbo pages ettethad hcroto coil cede a part of this affidavit contain the currant nws, nailing addresses, phone nunimrs vul legal descriptions for the the real property of 0,iclr ho is the owner or logo) roprescntatirv. 4. The facts as reprrs" tad in the application and docum is sulmittad in currjuliction pith this affidavit are true and correct. Further Af f iasit sayeth riot. (SEAL) George SantaMaria Sworn to and Subscribed before cs 3885 NW 6 Street.- Miami, Florida, 33126 this 29 day of June 1997. v EST' ER AYES ;SC I Cl N I# CC615933 flotary Public, St i d a Ejt!; jrq'e; s• 2001 BC* : c7h R ATLANT- - c c.Q_trC fly Ccn.�ission Expilre 98-- 2172 OWNER'S LIST Owner's Nast GEORGE SANTAMARIA Mailing address 3885 NW 6 Street.— Miami, Florida, 33126 Telephone Number (305) 649 5602 Legal Description: Lot 11, Block 1, DURHAM TERRACE, Plat Book 44, Page 55, Dade County, Florida. Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 37S feet of the subject site is listed as follows: Street Address Legal Description Street Address Legal Description Street Address Legal Description 98 2174V DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: r LEGAL: Lot 11, Block 1, DURHAM TERRACE, Plat Book,44, Page 55, Dade County, Florida. ADDRESS: 3885 NW 6 Street.— Miami, Florida, 33126 2. Owrier(s) of subject real property and percentage of ownership. Hots: City of Miani Ordinance Ho. 9419 requires disclosure of all parties having a financial interest, either direct jr indiract, in the subject matter of a presentation, request or patition to the City Co nissier,. Accordingly, question f2 requires disclosure of sharcholders of corporations, b ::sficiaries of trusts, and/or any other interested parties, together with their ad�rasses and proportionate interest. GEORGE SANTAMARIA.— 100 % SOLE OWNER. 3. Legal description and street a_'dress of any real property (a) amod by any party listed in answor� to question 12, arxi (b) located within 375 feat of the subject real prop9rty. N/A.- 0 ilER GEORGE SANTAMARIA 3885.NW 6 Street.— Miami, Florida, 33126 STAIE OF FLORIDA CUUIITi OF OADE } GEORGE SANTAMARIA •— Owner , Ming duly stern, dtpos®s tad says that ice is'tlr' (Plecsa Print) (Otero r) ( ) of the real property describ:d in dnsrar to quasticrl P1 aMro; that ha has r:rJ the forzgoing answers r-7d that the 3=3 are true aryl co--nlata Wd (if ettir� as attorney for os:ner) that hAj has authority to execute tht disclosuro of 0,mership fora o:i Ln.balf of the o•41ior. Signature of Nnor sp GEORGE SANTAMARIA S1f01111 TO AUD SUOSC1I0.0 before m " this 29 : day of NNE , :19 97 i:SSTFiER REYES r::tary Public, SW ida at Largo CC615933 11 T C U 11 SS 10 E i p ttSSiON ;# EXPIRES JAN 26. 2001 ' ActSONDING Co. MK`. lJdl MAY )I 8 PH '2: 58 nA ��� ?ERSONAL REP ESEr TIVE' S DEED �.1K133131; T IS INDENTURE, executed 1981, between GEORGE SANT. MARIA, as Personal Representative of the Estate of Frances Santa Maria deceased, party of the first part, and GEORGE SANTA ,,IARIA, individuall and as sole beneficiary of the said Estate, party of the second part o-;hose address is 463 Sheffield Avenue, Brooklyn, New York 11207 W I T N E S S E T H T a party of the first part, pursuant to the order of the Circuit Cou : for Dade County, Florida, dated Anril 22 1981, in Probate ivision File Number 80-8289 CP-03,-aand for good Valuable considerate i grants, bargains, sells and conveys to the party of the second part his heirs and assigns forever, the real property in Dade County, Flo ida, described as: :ot 11, Block 1, DURHAM TERRACE, according to the Slat thereof as recorded in Plat Book 44, Page 55, Df the Public Records of Dade County, Florida. T 3ETHER with all and singular the tenements, hereditaments and apprute snces belonging or in anywise appertaining to that real property. T HAVE AND TO HOLD the same to the party of the second part, his heirs a :i assigns, in fee simple forever. A D the party of the first part does covenant to and with the party of th second part, his heirs and assigns, that in all things pre- liminary to and in and about the sale and this conveyance the orders of the above-n ned court and the laws of Florida have been followed and com- plied with a all respects. I WITNESS WHEREOF, the party of the first part, as Personal Representat ve of the Estate of Frances Santa Maria, deceased, has set his hand an seal on the day and year first above written. Signed, sea in t e pres ed and delivered nce of- (SEAL; � J �,C�ori _ets� onal epresentati evoF_ the Estate of Frances Santa ` - - - `4ari_a, deceased _ STATE cam r 4 - i 11 p� C. DOCUAIEN'f1RY, ;•:`;. r'f +.!: c T:� X i e' 95PLOF kEC'Tc ,r : STATE OF NE YORK r= P.O. COUNTY OFcuoz I HEREBY CERTIFY that on this day before me, an officer duly qualified t take acknowledgments, personally appared GEORGE SANTA MARIA, as F rsonal Representative of the Estate of Frances Santa Maria, deceased. t me known to be the person who executed the foregoing instru- ment, and knowledged before me that he executed the same. 4 TNESS my hand and off*i 1 seal in the County and State last aforesaid t is day of _ — 1981. My Commiss- )n expires - �_ 3o -% 1- 1 �•-c��-�..h � R � �• ; i'......nor' Notary u is OF r.401O .. Of Of etor ""L RECORas eW CO('rtn, rlCR;ow. "COY.0 vER no RICIIA1UJ p. FRINKER* CIiRK CIAG:17 Ci�OAI tJ :J 14 !97