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HomeMy WebLinkAboutR-95-0135J-94-1001(b) 02/09/95 RESOLUTION N0. 9 5 135 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION 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, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN 5,000 SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE FEET OF LOT AREA, FOR A PROJECT CONTAINING TWO (2) STRUCTURES WITH A TOTAL OF THREE (3) UNITS, AND A LOT SIZE OF 7,500 SQUARE FEET FOR THE PROPERTY LOCATED AT 827, 827-1/2 AND 831 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) (THE "PROPERTY"), ZONED R-2 TWO-FAMILY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO THE FOLLOWING CONDITIONS: (1) A UNITY OF TITLE SHALL BE EXECUTED AND RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ENCUMBERING THE PROPERTY AND THE ADJACENT LOT LOCATED AT 821, 823 AND 825 NORTHWEST 33RD AVENUE, MIAMI, FLORIDA; (2) APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS OF (A) A LANDSCAPE PLAN WHICH SHALL INCLUDE A LANDSCAPE BUFFER; (B) A PLAN SHOWING AN APPROPRIATELY SCREENED TRASH AREA OR TRASH PICK-UP LOCATION ON THE PROPERTY; (3) A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of November 7, 1994, Item No. 5, duly adopted Resolution ZB 116-94 by a seven to two (7-2) vote, denying a Special Exception; and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the Special Exception; and WHEREAS, the City Commission after careful this matter, and notwithstanding the decisio ion of Cr NY4:4MG,OF'g FEB 0 9 1995 Resolution No. 95- 135 Board, finds that the application for a special exception does meet the applicable requirements of Zoning Ordinance No. 11000, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to reverse the Zoning Board and grant the Special Exception; I 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 to deny a Special Exception 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, Conditional Principal Uses, for lots with more than i 5,000 square feet to allow one (1) additional dwelling unit for each additional 2,500 square feet of lot area, for a project containing two (2) structures with a total of three (3) units, a lot size of 7,500 square feet, for the property located at 827, 827-1/2 and 831 Northwest 33rd Avenue, Miami, Florida, more particularly described as Lot 16, Block 3, COMFORT GARDENS, as recorded in Plat Book 6 at Page 140 of the Public Records of Dade County, Florida, zoned R-2 Two -Family Residential, per plans on file, is hereby reversed and the Special Exception is hereby granted, subject to the following conditions: (1) a Unity of Title shall be executed and recorded in the Public Records of 95- 135 I� Dade County, Florida, encumbering the property and the adjacent lot located at 821, 823 and 825 Northwest 33rd Avenue, Miami, Florida; (2) approval by the Planning, Building and Zoning Department of (a) a landscape plan which shall include a landscape buffer; (b) a plan showing an appropriately screened !' trash area or trash pick-up location on the property; (3) a time limitation of twelve (12) months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 9th day of February , 1995. S EPHEN P. C ARK, MAYOR CITY CLERK PREPARED UD APPROVED BY: 0#104 V MIRIAM MAE CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A/. QYINN� ES , II CITY ATTORNEY GMM/dsl/M4786 95_ 135 ZONING FACT SHEET ® 22 LOCATION/LEGAL 827-827 1/2-831 NW 33rd Ave. PZ Lot 16, Block 3, COMFORT GARDENS (6-140) PRDC. APPLICANT/OWNER Antonio Fuentes 5445 Collins Avenue 1512 Miami B60, Florida <.T: 4z ZONING R-2 Two -Family Residential. REQUEST Special Exception 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, Conditional Principal Uses, for lots with more than five thousand (5,000) square feet, to allow one (1) additional dwelling unit for each two thousand five hundred (2,500) square feet of lot area; for a project containing two (2) structures with a total of three (3) units; zoned R-2 Two -Family Residential. RECOMMENDATIONS: ?* PLANNING, BLDG & ZONING Approval with conditions. PUBLIC WORKS No comments. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: Lot clearing violation pending to be corrected. Ticketing Action: Ticket No. T-3404 issued for inoperable untagged veh. & ordered to comply by 10/9/94. Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY ANALYSIS This item is a companion to Item #6 and is also subject to Unity of Title for lots 16 and 17 for adjoining access for the two lots. This application is for the purpose of providing a total of six (6) dwelling units, three (3) on each oversized duplex lot. The proposed site plan provides adequate parking and landscape and sufficient open space between structures; however, a more substantial landscape buffer than depicted should be provided along the perimeter lines of the property which abut residential areas. The submitted plans also fail to show how the trash pick-up of the new units will be handled. The Department is recommending approval with the following conditions: 1) a landscape plan with specifications, depicting a landscape ' buffer, subject to review and approval by the Planning Division, must be provided prior to the issuance to any building permits; and 2) an appropriate screened trash area, or trash pick-up plan must also be provided prior to the issuance of any building permits. This recommendation for approval is based on findings that compliance with the requested conditions will result in a project that has no adverse impacts on the surrounding area. ZONING BOARD Denied. (Res. No. 116-94) APPELLANT Antonio Fuentes CITY COMMISSION 9 5 - 135 APPLICATION NUMBER 94- 323 Page 1 November 7, 1994 It • 'TER... " • 5 y 4i a f s ' � 3 ' s w • y y • 2 e t to ♦• + is 4 t io V ' s 7' a s It at ui • (� 21 'x s +• � N O 10 w to t t sx tt It to 2 `a It' t t to s to • N s 4� �. + ,2 Y is to 's '2 is , ab G' f 3 y 14 it.^ to tb 'y N.YtC.4�wt oil .. „ T. RI t BOIY ION .. 4:tx" N.W t t ' t .t 1 t 2 T a 2 so — Bit T 13 T 2 T s S x s s s seI c+i s 4 rM a M s 4 7 i E eA N K SUB ~ IT a_ :; JfTa MAWAS b T W 7 • 4 4 4• M a 4 Z M a• I 5 5 A S; a s 0 4t s b y s e e U) f e _ •e {"�► . • I ' � • to to b to � to tt ©t e + tl In t2 to , 40 t s. to W t• t .sf �.yj st b . • M tt 1 If to t N tb sa t , t) 12 i # 0 7 le to t• ty %� ,e Q.1 f t1 xa to to s1 to it b * • b Z 'b> :�• 2x s� it 's la to N to. 4e is wtLKTM s /a is 1e it it tt IT tb _ t '�'• 4 :• • 14 1• . _ .. • w to '.....�...� 7• ST* NW. 1. a, S4 II DATE: November 11, 1994 RE: 827-8271/2-831 N.W. 33 Ave. App. No. 94-323 821, 823 and 825 N.W. 33 Ave. App. No. 94-330 FROM: Antonio eF�l entes 5445 Colrins Ave. Miami Beach, Fl. TO: Teresita Lascaibar Fernandez, R.A., A.I.C.P. Chief - Hearing Boards Division 275 N.W. 2 St. Miami, Florida 33128 Dear Mrs. Fernandez: I respectfully request to appeal the decision of the Zoning Board in the above referenced cases. Thank you for your attention in this matter. 95-.135 7 Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption. (RESOLUTION ZB 116-94 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE SPECIAL EXCEPTION 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, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN FIVE THOUSAND SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL DWELLING UNIT FOR EACH TWO THOUSAND FIVE HUNDRED (2,500) SQUARE FEET OF LOT AREA FOR A PROJECT CONTAINING TWO (2) STRUCTURES WITH A TOTAL OF THREE (3) UNITS AND A LOT SIZE OF SEVEN THOUSAND FIVE HUNDRED SQUARE FEET (7,500 SQ. FT.) LOCATED AT 827/827 1/2 /831. N.W. 33RD AVENUE MORE PARTICULARLY DESCRIBED AS LOT 16,'BLOCK 3, COMFORT GARDENS (6-140) PUBLIC RECORDS OF DADE COUNTY; ZOIED R-2 TWO-FAMILY RESIDENTIAL. Upon being seconded by Mr. Henry Crespo the motion was passed and adopted by the following vote: AYES: Mses. Hernandez and Morales. Messers. Moran-Ribeaux, Crespo, Carman, Milian and Sands. NAYES: Mrs. Luaces and Hernandez. ABSENT: Mr. Barket. Ms. Fernandez: Motion carries 7-2. November 7, 1994 Item# 5 Zoning Board 95- .135 ZONING .BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION I move that the request on agenda item .5, be denied) (granted) in that the requirements of Section 2305 (were e not) satisfied by relevant evidence in the record of the public hearing• a) as stated in the City's findings of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: --------- ------------------ The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (have) (have not) been met. Circle appropriate conditions: 1305.1 Inaress and Earess. Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. i 1305.2 Offstreet Parkins and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or ,other emergency, and screening and landscaping. 1305.3 Refuse and service areas. w Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner' in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the.location and character of adjoining public ways. 1305.4 Signs and lighting. e Due consideration shall be given to the number, size, character, location and orientation of proposed signs., and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 95- .135 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area, 1305.6 DrainagM Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7. Preservation of natural features, Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of notentialIX adverse effects generally. in addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of the use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such' other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. Signature Date rA5-- 135 T4 nw� APPLICATION FOR SPECIAL EXCEPTION File Number a4I.3 .3 �3 Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguaras which should be applied as reasonably necessary to promote the.general purposes of, this Zoning Ordinance, and, in particular, to protect adjoining properties and th vighborhood from avoidable potentially adverse effects. s further intended that the expertise and judgement of the Z,_ing Board be exercised in making such determinations, in accordance with the rules, considerations and. limitations relating to Special Exceptions. (See Article 16) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible far determinations on applications for Special Exceptions. ' All applications shall be referred to the director of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regulations. " I, AJ411-OWO Ege4 cS, hereby' apply to,the City of Miami, Zoning Board for approval of a Special Exception for pro1wrty located at 52R I-AA9, 33 AyE IJ2Jr& f 83/NvJ s3(4AQ Nature of Proposed Use (Be specific) 74pgg RUPLaw Lit11r5 (TO A LOW OWF. In support ;!*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. 48 X 2. Four copies of: the site plan showing (as required) roperty boundaries, - existing (if any) and proposed structure(s), .parking, landscaping etc; building elevations and dimensions•and•'co■putations of lot area and ,building spacing. _ �i 3. Affidavi'ts disclosing ownership of property covered by application and disclosure of interest fora (attach to application). X 4. Certified list of owners of real estate within a 375:fd'ot radius of the outside boundaries of property covered by the application. x 3. At least two photographs that shoes the entire property (land and improve- ments). <. • b. "`other (specify) � 2.9 1151 TG7 PLAN ` D E V + �_ _• • i%M hw 6001V ♦Award th& Mgt of oroeessim:.. 9 5 — Special Exception .......................... $650.00 Surcharge equal to applicable fee frog iteg above, not to exceed six hundred and fifty dollars (f650) except frog 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) Signatu er or thorized Agent Nadi: Antonio Fuentes Address 5445 Collins Ave. Apt. 512 Phone �582� 9 Q 5 6 e o STATE OF FLORIDA) SS: COUNTY OF DADE ) AO h110 FUENTES , being duly sworn, deposes and says that he is the (Owner)(Authorized Agent of Owner) of the real property described in answer to question Ol above; that he has read the foregoing answers and that the sea are true and complete; and (if acting as agent for owner) that he has authority tame ute this petition all behalf of the owner. /" l SHORN TO AND SIJg N)M before to is �/ day of • ' Igi2y My ONOTARY PUBLIC STATE OF FLORIDA MY COMiSSION EXP. DEC..3.1994 BONDED THRU GENERAL Ij. UV.. �i.q Not&17 Fublic� State of Florida at Large b5` 135 AFFIDAVIT STATE OF FLORIOA ) ) SS COUNTY OF DA:E } Before me, the undersigned authority, this day personally appeared Antonio Fuentes 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 Mimi, 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 his to actin 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, sailing 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 docents submitted in conjunction with this affidavit are true and correct. Further Affient sayeth not. (SEA(.) N Sworn to and Subscribed before sa this day of 19d;Z/ 95- 135 IN%plt9r ��1eyT gf0blrida at Lard OWNER'S LIST Ownw s Name Antonio Fuentes Mailing Address 5445 Collins Ave. Apt. 512 Miami Beach, Fl Telephone Number r582) q zS a 6 0 Legal Description: 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 375 feet of the subject site is listed as follows: Street Address legal Description Street Address Street Address Legal Description Legal oeseriptim 9 5 - 1.35 21 DISCLOSURE OF OWNERSHIP I. Legai description and street address of subject real property: LXTS 1Cc AJD M, IN 5LZCK3, of ACccR01140 Tb THE FIAT TN'EREGF AS Sccw- Co i AT PAGaE 140, Or- TI1E CLBUC FEccstp5 OF i A06 cotlwt y( FLIZIDA 811k N1W, 33 bve"Uc- 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordi ice No. 9419 requires disclosure of all parties having a financial interest, eith% direct or indirect, in the subject matter of a presentation, revuest or petition to the City Coa®ission. 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. Antonio Fuentes 100% (Ownership) 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 315 feet of the subject real property. N/A STATE OF FLORIDA } SS: COUNTY OF DADE } AN-rctJ10 , being duly sworn, deposal and says that he is the Owner (Attorney for Owner) of the real property datcribed in answer to question 01, above; that he has read tM foregoing answers and that the taM are true and cmiete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Owm--ship fore on behalf of the owner. (SEAL) SWORN TO AND SUBSCR I D before n is day of 19 1��'�IOF IFIIKS011I1)A My COMISIN DE 80MDEDD THRUDr',FWVi# Y:; tary ftwia. tat* of Florida at Large 95- .135 17