HomeMy WebLinkAboutR-97-0847J-97-728 (b)
11/25/97
RESOLUTION NO. 9 7 W 847
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING THE 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 SIDE YARD SETBACK
(WEST) OF 3'-1" (5--0" REQUIRED), FOR THE
PROPERTY LOCATED AT 1837 NORTHWEST 33RD
STREET, MIAMI, FLORIDA.
WHEREAS, the property owner /applicant requested variances
to permit a side yard setback (west) of 3'-1" (5'-0 required),
to waive one (1) of the required three (3) off-street parking
spaces, per Article 9, Section 908.3, Permanent Structural
Projection from Buildings, and to permit an.overhang to leave 11-
711 open space from the required west side yard (3'-0" minimum
space required between the edge of the eave and the interior side
property line) for the .property located at 1837 Northwest 33rd
Street; and in behalf
WHEREAS, the Miami Zoning Board at its meeting of
October 6, 1997, Item No. 5, duly adopted Resolution ZB 101-97 by
a three to three (3-3) vote, thus constituting a DENIAL of the
variances; and
CITY COISSION
NEET?NG OF
Resolution No.
97- 84 7
0
WHEREAS, an appeal has been taken to the City Commission by
the applicant/property owner from the denial.of the variances;
and
WHEREAS, the City Commission after careful consideration of
this matter, 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 hardships
which would impair the owners right to the reasonable use of the
property without the grant of a variance to permit a side yard
setback of 3'-1 as hereinafter set forth;
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 is hereby reversed in part and 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
side yard setback (west) of 3' -1" (5' -011 required) , for the
property located at 1837 Northwest 33rd Street Miami, Florida,
legally described as Lot 20, Block 8, HOLLEMAN MANOR ADDITION, as
recorded in Plat Book 13 at Page 60, of the Public Records of
Dade County, Florida, is hereby granted.
97-
0
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26 day of November , 1997.
XAVIER L. SUAREZ, MAYOR
ATTEST: 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 legislation now
becomes effective with the elapse of ten (10) days from the date of Commission action
K garding same, without the Mayor exercising a veto..,__''
WALTER J . FOEMAN_
CITY CLERK
Wafter J. Foeman, City Clerk
PREPARED AROVED BY:
YAM EE 0 TREHY
AS ?,4A
C Y ATTORNEY
A R TO FORM AND
CORR ESS:
- 3 - 97- 847
Y OF • PZ-6
Q INCORB CRATED ZONING FACT SHEET
Case Number: 1997-0051 06-Oct-97 Item No: 5
Location: 1837 NW 33 Street
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Angel Rodriguez
1837 NW 33 Street
4
Miami, FL 33142
App. Ph: (305) 638-8411
Zoning: R-2 Two-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-
2 Two -Family Residential, to permit a side yard setback (west) of T-1" (5'-0"
required) and to waive one (1) of the required three (3) offstreet parking
spaces and per Article 9, Section 908.3, Permanent structural projections
from buildings, to permit an overhang to leave V - 7" open space from the
required west side yard (3' - 0" minimum space required between the edge of
the eave and the interior side property line) for a proposed second unit
addition; 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 912067 Last Hearing Date 11/13/1991
Found: GUILTY
Violation(s) Cited: Working without a permit, building and/or roofing, etc.
Ticketing Action: N/A
Daily Fine: $150.00 Affidavit Non -Compliance Issued on: 12/24/1991
Total Fines to Dater $314,850.00 Lien Recorded on: 02/27/1992 Comply Order Date 2/12/1991
97- 847
ZONING FACT SHEET
Case Number: 1997-0051 06-Oct-97
CEB Action:
History:
Analysis: Please see attached.
Zoning Board Resolution No: zB 101-97; Denial.
Appellant: Angel J. Rodriguez
City Commission: Continued from CC 10/28/97.
u
Item No: 5
Vote: 3-3
wr
1,
October 7, 1997
Teresita L. Fernandez
Chief
Office of Hearing Boards
444 SW 2nd Avenue
Miami, FL 33128
Dear Ms. Fernandez:
I, Angel Rodriguez would like to appeal the decision of the Zoning
Board on October 6, 1997 on 1837 NW 33rd Street, item #5. The reason
for this appeal is because I would like to put my house into code.
If you have any questions, please call me at 638-8411. _
Sincerely,
Angel J. Rodriguez v
o
N
97- 847 3
Mr. George Barket offered the following Resolution and moved its adoption.
RESOLUTION ZB 101-97
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD MADE A
MOTION TO APPROVE WITH CONDITIONS WHICH FAILED (3-3)
CONSTITUTING A DENIAL OF THE VARIANCES 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 SIDE YARD SETBACK (WEST) OF 3'-l"
(5'-0" REQUIRED) AND TO WAIVE ONE (1) OF THE REQUIRED THREE (3)
OFFSTREET PARKING SPACES AND PER ARTICLE 9, SECTION 908.3,
PERMANENT STRUCTURAL PROJECTIONS FROM BUILDINGS, TO PERMIT AN
OVERHANG TO LEAVE 1'-7" OPEN SPACE FROM THE REQUIRED WEST SIDE
YARD (3'-0" MINIMUM SPACE REQUIRED BETWEEN THE EDGE OF THE EAVE
AND THE INTERIOR SIDE PROPERTY LINE) FOR A PROPOSED SECOND UNIT
ADDITION FOR THE PROPERTY LOCATED AT 1837 NW 33 STREET LEGALLY
DESCRIBED AS LOT 20, BLOCK 8, HOLLEMAN MANOR ADDITION (13-60)
PUBLIC RECORDS OF DADE COUNTY; ZONED R-2 TWO . FAMILY
RESIDENTIAL.
Upon being seconded by Mr. Henry Crespo the motion failed by the following vote:
AYES: Ms. Cuervo Messrs. Barket & Crespo
NAYES: Mses. Basila & Morales Mr. Moran-Ribeaux
ABSENT: Ms. Hernandez Messrs. Gibbs & Obregon
Ms. Fernandez: Motion to approve failed 3 iGy-� - 0 f
v. I)a Teresita L. Fernandez, Chief
Office of Hearing Boards
October 6, 1997 - Item 45
Zoning Board
97- 847
ZONING BOARD ACTION ON PETITION FOR VARIANCE
MOTION: I mo that the request 49 agenda item be
(denied (granted) in that the requirements of
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 following:
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 RACH not exist) which are peculiar to the land,
STATEME 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 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
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:
. 7
97- 847
d) Granting the.variance requested (will) (will not)
convey the'same trea ent to the individual
owner as to the ownerother lands, buildings,
or structures
in the zoning
district.
k
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:
S
FPD
Item
847
ANALYSIS FOR VARIANCE
1837 NW 33'd ST.
CASE: No 97- 0051
Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for
Variances as follows:
Variance for side setback: Required - 3'-1"
Proposed - 15'-0"
Variance for parking: Required - 3 spaces
Proposed - 2 spaces
Variance for minimum open space
between the eave overhang to
property line (west side): Required - 3'-0"
Proposed - l'-7"
The following findings have been made:
• It is found that there is no hardship to justify the requested variances including side
setback, parking and minimum open space required between the closest projection of
the eave overhang to the interior side property line.
• It is found that the lot is regular in configuration and oversized, having an area of
7451.6 Sq. Ft., where a standard lot in the R-2 Two Family Residential zoning district
typically has only 5,000 Sq. Ft.
• It is found that although the duplex use is compatible with the area, the parking deficit
of one parking space could have an adverse impact on the surrounding area due to
overflow parking having to be accommodated on the adjacent residential streets.
1
• It is found that by. developing the lot in the manner reflected on the plans submitted,
the property owner will derive undue benefits under the Zoning Ordinance.
• It is found that the grant of this variance would confer on the petitioner a privilege
that is denied by the zoning ordinance to other property owners within the same
zoning designation.
Based on these findings, the Department of Planning and Development is
recommending denial of the application as presented.
97- 847
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PETITION FOR V RIAKE 0 File Number
,A variant 's 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, Angel Rodriquez , hereby petition the City of Miami Zoning Board for a
variance from the terms of the "Zoning Ordinances of the City of Mimi," affecting
property located at 1837 N-W. 33 Street , Miami as specified below.
In support of this application, the following material is submitted:
_ 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 (u 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 cvverM by application and
disclosure of interest for@ (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.
_
S. At least two photographs that show the entire property (land and improve-
meats).
6. Other (Specify) Deed
7. Fee of fto apply toward the cost of processing, based on the
followings
CS, M. It-1, 4.2, (single-family
ad 691e2 residential uses) .............
$ 200.00
piers, docks, wherves and the
like, for each. variance from
the ordinance, per lineal foot ...........
f 30.00
Mjnim.................0.0...............
f 600.00
All other applications for each v&H area
from the ordinance, per square foot of
gross floor area of new building(s) or
additions, based upon the definition
of floor arm (section 1901) .............
$ 0.07
Minim ...................................
$ 5W.00 _
/5-
97- 847
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 ......................... $ 200.00
All other residential districts .......... $ 350.00
All nonresidential districts ............. j 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)
8. The variance requested is for relief from the prgyisions of section 4 O1 and 908
of the City of Mimi Zoning Ordinance as follows: 11000, as amended, Article 4
Section 401, Schedule of District Regulations for R-2, T%-7o-Family P.esidential district,
Intensity: Setbacks: 11 ni= interior side setback required: 5' 0" Proposed (-west)
side: 3'1" Offstreet Par'King Requirements: ll nirrnnn required: 2 spaces per unit for
the second unit and maintaining 1 existing space for the original unit, for a total of 3
spaces Proposed: 2 spaces and Article 9, Section 908, Subsection 908.3,
Permanent structural projections from buildings: Minimum„ open space required between the
closest prj ection of the eave overhang to the interior side property line: 3'0" Proposed:
1'7" )west side)
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 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 existing structure and elements do not allow the one extra parking space to fit on the
area allocated for parking without losing the security needed in the area.
Note: CEB Case (91-2067 final administrative enforcement order recorded 2/27/92 (copy
attached). Complaint Tracking indicates #9100136 from NET 05, Inspector VJR (copy
attached).
I�
97= 847
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:The original construction set -backs (before
1949) were not equal to theset that are at presently
and apparently in force now. There is an existing two family
residence with 2 parking spaces. The owner wishes to extend the houses as
per accompanying plans so that part of the family from the first marriage
living in Texas will reloate to the second unit. For this second unit,
City of Miami is requiring 1 more parking space to be added to the site.
The existing elements of the site will not allow the extra parking to fit.
(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: Petitioner
needs property "as is" plus the proposed additions
because of adolescent aged children from a prior marriage
coming from Texas to reside with him in Miami. The additional
parking will prevent the owner from securing the lot, which is very much
needed in the neighborhood.
(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: Many garages have been
converted to living units in the duplex zoned areas of
Miami. The variances are only for 1 parking space and ,there is ample
parking along the parkway next to the street, and open space for relatives
that now live in Texas.
(e) The variance, if granted are the mini" variance that will make possible the
reasonable use of the land, building, or structure in that:The side set-
backs were established and executed before 1949. The
variances are only for 1 parking space and eave overhang and the second
unit of the duplex will be used for relatives that now live in Texas.
97- 847 17
(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 variance will not be injurious to the neighborhood due to the
fact that there are ample parking spaces existing next to the street.
Note: All documents, reports, studies, exhibits or other written or graphic material to
be submitted to the Zoning Board shall be submitted with this appli lion.
Signature J
Owner r uthorized Age
Name Angel Rodriquez
Address 1837 NW 33rd Street
STATE OF FLORIDA) Miami, Florida
SS:
COUNTY OF DADE )
Angel Rodriguez being duly sworn, deposes and says that he is the
(Owner)(Authorized Agent of Owner) of the real property described in answer to question t1
above; that he has read the foregoing answers and that the same are tru complete;
and (if acting as agent for owner) that he has authority to execute t ij petition on
behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this L %.day of
d&I-L-A , 1997.
No ry Publ tate of F orida at Large
My Commission Expires:
E
FMFDCIA NOTARY `CARRAYANAL COMMISSION NUMBER
CC40803p
MY OOMMIMIO UP.
SEPT
I� 97- 847
•
•
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Angel Rodriguez , 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 correct.
Futther Affiant sayeth not.
V ' (SEAL)
(Name) Angel Ro iguez
Sworn to and Subscribed before me
this � day of h , 199
Nota P blic State o lorida at Large
RY pV oFFIG�AI NOTARY SEAL
My Commission Expires: OAP eri- MAUL GA AMBER
2 f k CCMMOM
C0408039
�� MY COMMIiW10N EXP.
�Op F�� SEPT 10 19ii0
97- 84
•
OWNER'S LIST
Owner's Name Angel Rodriguez
Mailing Address 1837 N.W. 33rd Street, Miami, FL 33142
Telephone Number 305/638-8411 Beeper: 580-2617
Legal Description:
Lot 20, Block 8, Holleman Manor Subdivision, Plat Book 13-60
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
N/A
Street Address
N/A
Street Address
Legal Description
Legal Description
Legal Description
9'7- 847
ai
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lot 20, Block 8, Holleman Manor Subdivision, Plat Book 13-60
1837 N.W. 33rd Street, Miami, FL 33142
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 I2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Angel Rodriguez
1837 N.W. 33rd Street, Miami, FL 33142
100% Ownership
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question f2, and (b) located within 375 feet of the subject
real property.
N/A
NER UR A FOR OWNER
Angel Rodriguez
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Angel Rodriguez , 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 it above; that he has read the foregoing answers and that the sage
are true and complete and (if acting as attorney for owner) tha a has authority to
execute the disclosure of Ownership form on behalf of the owner.
r1
SWORN TO AND SUBSCRIBED
before me this 12
day of MIVVul 19
MY COMMISSION EXPIRES:
1PRY PGd OFFM" NOTfSEALO �� MABEL CA } *' COMMOMNCC40"711 �MY COMMNIOFFAO SEPT 1
(SEAL)
Sign u of Owner or 10ttorney for Owner
Angel Rodriguez
Nor Public,' a e o lorida at Large
97- 847 �"
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0 R"' I Z809 PG 1428
s1& QUlt 1110i Bed, Executed f I 1 ii, 22nd day of February .1. 1). lu 86 • by
GREGORIA MONTALVO, a single woman
first prtrty, to ANGEL J. RODRIGUEZt
whose polio(fice address is 1837 N.W. 33rd street, Miami, Florida.
i
second party:
(KArrr.rr -Id hireln lhr I—- 'III,, yarn" sad "m .d pane- A.0 �u.:,.le ., ....i...a.t vine, Eein. W"
reprr+rnuucer, and af.iiras r< . ked-4. aid it,t octtar..nd .liras ..t c. vW.c..•... .lrre.rr We t°nrexl
fOw a`ldlla�.ts
0itnes tUi, I but the+ said first purly, fr tl rid in curlsideraliust of the sum of S 101 OO
Ill hand paid by the said second party, the n•ceipt whereof is hereby acknowledged, does herebv remise. re-
lease and quit -claim unto the said second party forever. nil The right. title, interest, claim and demand which
Ilia said first party has in and to the folhauring described lot• piece or parcel of land, situate, lying and being
in the county of Dade Staa of Florida. r.) wit:
All her interest on Lot 20, Block 8, of
HOLLEMAN MANOR ADDITION, according to the
Plat thereof, as recorded in Plat Book 13, o
at Page 60, of the Public Records of
Dade County, Florida.. o v tsi
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5—a - : ILHARD P. Dii1:V lLEi1 l
n to D
it .. - �..m.ar•n Siam,. Cotirrr► CiFBK CIRCUIT COURT
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%W 'Md W Md the saner fogrdror with all and singular the appurtenances thereurito
lselonging or- in anywise appertaining, and all the estate. right, title. inters%L lion, ogtdity and Am' what-
soever of the said first party. either in law or equity, to the only proper use, benefit and behoof of 1-.c said
secund party forever.
i3f W{tltM WhMOf, The said first party lies signed and sealed th"e presents the day and year
first above written.
Signed. sealed and delivered in prteeswe of: '
.
i � QORIA MONTALVO
...............-- _.
STATE OF FLORIDA,
COUNTY OF DADE
I HEREBY CERTIFY dust on thus day, before me an
offarr dtdy atuherned is tut• State .r.,rtsaid aad is the County aforesaid to taut ocioowl dymeae, personally appeared
GREGORIA MONTALVO, a single woman.
to tree: known to be the person described in and Who executed tut- foregoing instrument and She acknawlr.igcd
before me that she executed the same.
WMNESS my hand and official seal in the County and S///JJJ a oeesad this / day of
17
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FFiCTr<Al1DBi1C4rm Ot FEOR104
DAY I AUASS CU WVZ L Ut II 19a7
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