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HomeMy WebLinkAboutR-97-0845J-97-696(a) 10/6/97 RESOLUTION NO. A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING A VARIANCE;TO PERMIT A STRUCTURE WITH A REAR YARD SETBACK OF 3 FT. (5 FT. REQUIRED) AND A SIDE YARD SETBACK OF 3 FT. (10 FT. REQUIRED) FOR AN EXISTING ADDITION TO A SINGLE FAMILY RESIDENCE; ZONED R-1 SINGLE-FAMILY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2615 SOUTHWEST 20TH STREET. WHEREAS, the Miami Zoning Board at its meeting of July 21, 1997, Item No. 2, adopted Resolution No. 80-97 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, finds that there are no peculiar circumstances affecting this parcel of land and that there are no 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; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Cm corumSSI011T NEETINc OF NOV 2 6 1997 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 a structure with a, rear yard setback of 3 ft. (5 ft. required) and a side yard setback of 3 ft. (10 ft: required) for an existing addition to a single-family residence for the property located at approximately 2615 Southwest 20th Street, Miami, Florida, legally described as Lot 20, Block. 2, of GRAPELAND PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 13 at Page 21 of the Public Records of Dade County, Florida, per plans on file, zoned R-1 Single -Family Residential, is hereby affirmed and the variance is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th day of November , 1997. XAVIER L. SUAREZ, MAYOR ATTEST: In accordance Wi h Miami Code Sec. 2-36, since the Mayor did not indicatq approval :T' WALTER J . FOEMAN this legislation by signing it in. the designated place provided, said legislation nc,,�, CITY CLERK Becomes effective with the elapse of ten (10) days fr the date of Commission action re i e, t the a rcising a v ALTER J. F CITY CLERK 9 7 — 845 PREPARED ,,AW APPROVED BY: YAMI RR 0 JTREHY ASSI T ITY ATTORNEY APPROV AS TO FORM AND CORRECTNES,$: CITY A W 1898:YMT: ah : B S S - 3 - 97- 845 Case Number: 1997-0032 ZONING FACT SHEET 21-Ju1-97 Item No: Location: 2615 SW 20 Street Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Oliver De Campoamor 2615 SW 20 Street Miami, FL 33145 App. Ph: (305) 734-8558 Zoning: R-1 Single-family Residential Request: Variances 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, to permit a structure with a rear yard setback of 3' (10' required) and a side yard setback of 3' (5' required) for an existing addition to a single family residence; zoned R-1 Single -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 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: Total Fines to Date: $0.00 Lien Recorded on: Comply Order Date CEB Action: History: Analysis: Please see attached. Page 3 PZ-3 2 97- 845 * INCORP ORATEO * ZONING FACT SHEET d 18 96 Q F Case Number: 1997-0032 21-Jul-97 Item No: 2 Zoning Board Resolution No: ZB 80-97; Denial. Vote: 7-0 Appellant: Oliver de .Campoamor City Commission: Continued from CC 10/28/97. Page 4 �- 845 E 11 August 4, 1997 Ms. Teresita Lascaibar Fernandez Office of Hearing Boards 444 S.W. 2ND. Avenue 7''. Floor Miami, F133130 Ref.: Public Hearing for Real Estate located at 2615 S.W. 2&. Street Dear Ms. Lascaibar: Please accept this letter as a formal appeal to the decision taken on July 21, 1997, at the City Hall, in reference to the property mentioned above. I understand that I have the legal right to appeal based on your Notice of Public Hearing, since I do not agree with the decision taken by the Board. Please instruct me via mail of the requirements needed for the re -opening of this case. Sincerely, OLIVER DE CAMPOAMOR 2615 S.W. 20TH. STWT Miami, Florida 33145, 97- 845 3 0, 0 Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 80-97 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD DENIED THE VARIANCES AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MUM, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, TO PERMIT A STRUCTURE WITH A REAR YARD SETBACK OF 3'-0" (10'-0" REQUIRED) AND A SIDE YARD SETBACK OF 3'-0" (5'-0" REQUIRED) FOR AN EXISTING ADDITION TO A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 2615 SW 20 STREET LEGALLY DESCRIBED LOT 20, BLOCK 2, GRAPELAND PARK (13-21) PUBLIC RECORDS OF DADE COUNTY, PER PLANS ON FILE; ZONED R-1 SINGLE-FAMILY RESIDENTIAL. Upon being seconded by Mr. Tucker Gibbs the motion was passed and adopted by the following vote: AYES: Mses. Basila & Morales Messrs. Barket, Crespo, Gibbs, Obregon & Moran-Ribeaux. NAYES: None. ABSENT: Mses. Cuervo & Hernandez Ms. Fernandez: Motion carries 7-0 � r Terestta L. Fernandez, Chief Office of Hearing Boards July 21, 1997 - Item #2 Zoning Board 97- 845 ZONING BOARD ACTION ON PETITION FOR VARIANCE �ION: I _�9Y� that the req on agenda item be — enied (granted) that the requirements of Sec ion 1903.1 (were) (were not) satisfied• by relevant evidence in the record of the public hearing. a) as stated in the City's finds of fact, or b) as demonstrated by the petitioner, or c). on the basis of the followings -------------------------- -------------------------------------- The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (have been) (have not been) demonstrtated. CHECK ONE a) Special conditions and circumstances (exist) (do OF EACH not exist) which are peculiar to the land, ST11T JWNT 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 belows b) The special conditions and circumstances (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 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: 97- 8457 d) Granting the variance requested (will) (will not) convey the same treatment to the individual owner as to the o� of other lands, buildings, or structures in same 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: Sidnatu el �l V � ` 7/ --f/ 97 Date Item u 97- 845 ANALYSIS FOR VARIANCES 2615 SW 201h Street. CASE NO: 1997-0032. Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Variances has been reviewed as follows: Variance for side setback: Required - 5' 0" Proposed - 3' 0" Variance for rear setback for an accessory structure: Required - 10' 0" Proposed - 3" 0" The following findings have been made: • It is found that there is no hardship to justify the requested variances. The subject property is oversized, having an area of 5,500 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 tax card shows only one existing legal structure with a garage on the ground level and one dwelling unit on the second level. • It is found that the existing second structure depicted as a "gymnasium" in the sub- mitted plans was built without the benefit of a building permit. This second structure could be used as a separate living unit. • It is found that the two existing structures are at the rear of the lot, leaving a mini- mum length of 69.50 feet available space at the front of the lot, which would have been a more appropriate location for an addition. 5t • 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 these variances are sought result in an encroachment into the setbacks that deprives the adjacent property owners of their rightful visual separation. • It is found that the subject lot has been developed in such a way and without the bene- fit of building permits thereby encroaching into the required side setback while hav- ing enough space at the front part of the subject lot for the additions; this is a self im- posed hardship and should therefore not be considered a valid justification for any en- croachment. 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COMPLAINT NO. 9620749 VIOLATION: FAILURE OF CONTRACTOR TO OBTAIN REQUIRED -PERMITS, STATUS: OPEN/NON-COMPLIANCE COMMENTS: ON 3/28/97 COMPLAINT CREATED AND NOTICE SENT. �= 45 99 • PETITION FOR VARIANCE 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) I,OLIVER DEC Ai<IPOAPiOR —, hereby petition the City of Mimi Zoning Board for a variance from the terms of the "Z i 0 i and s ff the City of Miami," affecting property located at 2615 Sty z�I�AI'fL Miami as specified below. � 45 In support of this application, the following material is submitted: 4- 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. 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. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. 5. At least two photographs that show the entire property (land and improve- ments). 6. Other (Specify) 7. Fee of i to apply toward the cost of processing, based on the following: CS, PR, R-1, R-2, (single-family and duplex residential uses) ............. $ 200.00 Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot ........... $ 30.00 Minimum ................................... $ 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) ............. $ 0.07 Minimum ................................... $ 550.00<7 /9 9'0- 845 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 ......................... j 200.00 All other residential districts .......... $ 350.00 All nonresidential districts ............. $ 450.00 Extension of time for variance ........... j 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) 1� 8. The variance requested is for relief from the provisions of section 401 of the City of Mimi Zoning Ordinance as follows: ARTICLE 4 s Section 401 —.Required 101 feet provided 31 feet — pequiret 51 feet provided 3 feet 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 Mimi Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six item 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.) This existing addition was done without knowledge of permit requirements. 0 U�d/ 97-. 845 '\ (b) The sp conditions and circuarstances do not�lt from the actions of the potitio in that: The petitioners are trying to legalize the existing addition. (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights coonly 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: Legalization of this addition wich 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: pione, very common similar variances are surrounding this property. !1 (a) The variance, if granted, is the minima variance that will make possible the reasonable use of the land, building, or structure in that: This is an after the fact. cond. and the familya way of life will be adversely affected. 97- 845 (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. THE GRATING OF THESE, VARIANCES vJILL IN NO MAY BE INJURIOUS TO THE: NEIGHBORHOOD OR DETRIN ENTAL TO THE PUBLIC WELFARE. Note: All documents, reports, studies, exhibits or other itten or graphic material to be submitted to the Zoning Board shall be submijtjit ith thi s,appl i cation. STATE OF FLORIDA) SS: COUNTY OF DADE ) Signature .� r,� or A40brized Age(it OLIVE . DE cAjp0A1�"_OR Name OLIVER DE CANipowoR Address 2615 _w ;:)n cT WZAI;X FL, OLIVER DE CA1,1PDXiOR being duly sworn, deposes and says that he is the (owner)(Authorized Agent of Owner) of the real property described in answer to question tl above; that he has read the foregoing answers and that the are true and complete; and (if acting as agent for owner) that he has authori t execute t s petition on behalf of the owner. (Name) -VE -CANT OAMOR SWORN TO AND SUBSCRI ED before me this / 6- day of ke a , 19? My Commission Expires: O�PRy P& OFFICIAL NOTARY SEAL J MORALES 2 0 •C'OWMSM NUMBER Q CC612073 EXPIR 9� MY COMMISSION ES FOF 0-e JAN. 7,2001 Notary Public, State of Florida 9s 97- 845 E AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared OLIVER DE CP2-:P0AI,10R , who being by me 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 Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him 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 pages attached 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 96 sect. Further Affiant sayeth not. NMOLIVEli DE Sworn to and Subscribed before me ' this � day of lk 19 4 Notary Public,'State of Florid large My Commission Expires: SE of a& NOTARY AL 01P'AY P% J MORALES 2 0 COMMMMON WN80 CC612073 MY COMM=" oc�a OF �� JAN. 7,2001 AY10R SEAL) 97- 845 93� OWNER'S LIST Owner's Name OLIVER DE CX.,!POAP.:OR Mailing Address 2615 Sijj 20 ST A_IANII FL 33145 Telephone Number (305) 734-85 58 Legal Description: LOT 20 BLOCK 2 OF GRAPELAN PARK ACCORDING TO THEPLAT BOOK 13 AT PAGE 21 OF THE PUBLIC RECORDS OF DADE COUNTY � FL. Owner's Name N/A Mailing Address Telephone Number Legal Description: Owner's Name N/A Mailing Address Telephone Number Legal Description: 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 Street Address Legal Description r ' Street Address Legal Description 97-845 p� 10 DISCLOSURE OF OWNERSHIP 1. Legal description ZI street address of subject real property: LOT20 BLOCK 2 OF GRAPELAN PARK ACCORDING TO THEPLAi BOOK 13 AT PAGE 21 OF THE PUBLIC RECORDS OF DAD E COUNTY ,FL. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami 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 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. OLIVER DE CANiPOAt-:OR-------- 100 % OWNER 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. NONE OWNWbR ATTORIAY FOR OWNER OLIVER CAMPOAI11OR STATE OF FLORIDA } SS: COUNTY OF DADE OLIVER DE ' CA,,POAMOR , being duly sworn, deposes and says that he is the (Please Print) (Owner) (Attorney for Owner) of the real property described in answer to question fl above; that he has read the foregoing answers and that the same are true and complete and (if acting as attorney for parr) that he has authority to execute the disclosure of Ownership forma on behalf,0.rne owner. SWORN TO AND SUBSCRIBE before me this 4f� day of 19-2;7 NY COMMISSION EXPIRES: .09tY P&�l,O OFF IAL NOTARY SEAL J MORALES MANOM Ntweat e CC612073 MY COMMMON EXPm" '40 OF FVd JAN. 7,2001 OLI" DE G11T Notary Public, State of Florida Large �7- 845 a`7 oil- 4 TZ9 I.0073 REC. R«'sLuiit Lv: 06R336715 1955 JUL 31 10:111 ThiS InsLi umelil. Preydhed by:. Cus Suarez, Esq. Wilson & S'ualoz 11bl Lc Jcunc Road Mezzanine Coral Gables, FL 33134-4200 Grantee(s) Social Syc:ui i Ly 4 : Property Talc Folio #: 01-4110-02:1-0 50 DOCSTPDEE 450.00 SURTX It•1iit HARVEY RUVIN► CLERK DADE COUNTY+ Ff_ THIS WARRAtITY DEED Madn ', ^p -t "ny 4f July, 1596 by G30RGE K. WIi30N, a >SiI1y1H marl, hc:rcinaftCr C` 11PCI r)rintr�ra, to OLIVSft DE CM00AMOR, a single man, whnsp Post •:f'ice cidi]Lrrss _s:1-3S3 ;i- 6I'L- t.L?9ialul, FL 33' 1`1 hcrn:ir Ifr.Pr called the grantees: WIT'NESSETAI ; That. the grar_tcr, for nnrl in cnnii.deration of the suit, of en D,nllmre ($10.00) »r.ri .+hei receipt v*hvLevf 16 hereby acl:nnwl rc qPd, hf r,,hy grants, !:arquins. se! la, aliens, rwmiAA.s, ralPTca'F, 1-_.0hv;4ya d,LJ vc;r;firms orto the :;rartcc, all that uortain land :.i t:lnt r in m,.9e courty, "lorida, vie : Lot 20, Blach 2, of GRAIINI ANn PARK, Subdivision, according to the plat L$eseof, as recordod in plat Book 13, at Page 21, of the Pliblir Records of Dade Co"Ly, , Plorida. - Suh;rrt to 1 Axo.x f,>r 199 ?r-1 all Subbeyuecll years, easemencz, LabLL1uLlvus, covenant= of racr.rl nrd rnning ordinances_ TOGETHER with all the: tonrmant..a, here�4itaments and appurtanaace4S thereto belonc;iilq oc in dilywi-s�+ iPpertainIng, TO HAVE AND TO lic7i.u, rite same ir_ :ee simple torrvei . ANn the grantor hereby covenants with Said QL:duLieti LhdL t,iu yraIltO:" iy lawfully sbized cf said land 1n fcc simplc; that thr" grnr*nr l,e.a ejood right ana lawtu_ authority Lo still diva t;urlvey ;:aid lard and hereby warrants the title to &aid land and will err.^nn r.iP ar,,r.r egainst the iaxtul claims of ail petscns wltutm-uevrc•; and that caid land iv free of all eneunibranees, except taxcc accruing a,lhaPrltl?nt to U�Cember ii, 199y'. IN WITNESS ''AMREOF, the said ra1ai:Lu1 liar; bigited and scaled t hczr. PK411seuts the day and year first above written. Slgned, sealed and det-ivared in our j reseI:co : Print Llan:e : C A��fllep,r, Srn •} Oi .:y. S:t Print flame :--b�t-I Jl i STATE OF 'MF•W Yt RIC ) ss + +'(11dTY 11F' n t _ ,•9 Nam: r•i:N�•a�-(11 N<; i ry;c•I:alntl•:ry•i• •'%ia j•.� ;'i1 i=y, 199C by George X 1..Li r'�tr.�',�:IP.P.r1 e� Q �aaAL" t-heb'di•3 take- an oath. 1Z 'Y G-'c RGE K. WILSON was acknowledged before ne Lhis 1 wilsor" whu iy Ndls 1 known to- - 10-4 e- L1I.1,.;•AL1r)ii _a:. y of aq , V- WIL"LIAM DAVID BAVOSO Notary Public, State of New Yolk Residing in Orange Cou4tY Commission Expires 97-� l 0 /- 1 &i� �Qj� 2 �6�Ap QpF �7 Fit6 krk i „YIJKSAP^���i t C tb TIRE BELOW SIGNATURES WOULD LIKE TO CERTIFY THAT IS NO OBJECTIVE FROM OUR DART NOR INCONVENIENTS FOR OUR NEIGHBOR Mr., OLIVER DE CAMPOAMOR THE 11PPR0= VAL FOR VA.RIETY.IN HIS PROPERTY. 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