HomeMy WebLinkAboutR-95-0136J-94--1002(b)
02/09/95
95- 136
A RESOLUTION REVERSING THE DECISION OF THE ZDmrj
HOARD AND GRANTING A SPECIAL EXCEPTION FROM ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FWRIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT PMUATIONS, R-2 TWO FAMILY
RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR. ROTS WITH
MORE THAN 5,000 SNARE FEET, TO AIWW ONE (1)
ADDITIONAL DWELLING UNIT FOR EACH AM MCNAL 2,500
SQUARE FEET OF LOT AREA, FOR A PR tUECT CONTAINING TWO
(2) STRUCTURES WITH A TOTAL OF THREE UNITS AND A LOT
SIZE OF 7,500 SQUARE FEET, FOR THE PROPERTY LOCATED AT
821, 823 AND 825 NORTHWEST 33RD AVENUE, MIAMI, FLORMA
(MORE PARTICULARLY DESCRIBED ) (THE "PROPERTY"),
ZONED R-2 TWO-FAMILY RESIDENTIAL, PER PLANS ON FILE,
SUBJECT TO THE FOILOWTNG CONDITIONS: (1) A UNITY OF
TITLE SHALL BE EXECUTED AND RECORDED IN THE PUBLIC
RECORDS OF DME COUNTY, FLORMA, E[3CUMBERZNG THE
PROPERTY AND THE ADJACENT LOT LOCATED AT 827, 827 1/2
and 831 NORTHWEST 33RD AVENUE, MIAMI, FLORMA; (2)
APPROVAL BY THE PLANNING DIVISION OF THE PLANNING,
BUILDING AND ZONING DEPARIb=T PRIOR TO THE ISSUANCE
OF ANY BUILDING PERMITS OF (a) A LANDSCAPE PLAN WHICH
SHALL INCLUDE A LANDSCAPE BUFFER and (b) A PLAN
SHOWING AN APPROPRIATELY SCREENED TRASH AREA OR TRASH
PICK-UP LOCATION ON THE PROPERTY; AND (3) A TIME
LTATION OF TWELVE (12) MC NTHS IN WHICH A BUILDIlVG
PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of November 7, 1994, Item
NO. 6, duly adopted Resolution ZB 117-94 by a seven to two (7-2) vote, denying
a Speoial Exception; and
WHEREAS, the applicant has taken an appeal to the City Commmission from
the denial of the special exception; and
WHEREAS, the City Commission after careful consideration of this matter,
and notwithstanding the decision of the Zoning Hoard., finds that the
application for a special exception does meet the applicable requirements of
L"ITY CO,NIIa7SSION
14EETING OF.
FEB 0 9 1995
Resolution No.
95- 136
Zoning Ordinanoe 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
decision of the Zoning Board and to approve the Special Exception;
NOW, T10REFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MZAMI,
Section 1. The recitals and findings contained in the Preamble to
this Resolution axe hereby adopted by reference thereto and incorporated
herein as if fully set forth in this Section.
Section 2. The decision of the Zoning Boaxd 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 5,000 square feet to allow one (1) additional dwelling unit for
each additional. 2,500 square feet of lot area, for a project two
(2) structures with a total of three units and a lot size of 7,500 square feet
for the property located at 821, 823 and 825 Northwest 33rd Avenue, Miami,
Florida, legally described as Lot 17, 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, subject to the following
conditions: (1) a Unity of Title shallbe executed and recorded in the Public
Records of Dade County, Florida, encumbering the property and the adjacent lot
located at 827, 827 1/2 and 831 Northwest 33rd Avenue, Miami, Florida; (2)
approval by the
Pl anni m_g Division
of the
Pl.axnixg, Building
and Zoning
Department prior
to the issuance of
any building
permits
of (a) a landscape
plan which shall include a landscape buffer and (b) a plan showing an
appropriately screened trash area or trash pick up location on the Property;
and (3) a time limitation of twelve (12) months in which a building permit
must be obtained.; is hereby reversed and the Special Exception is hereby
granted. 9 5 - 136
-2-
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of February_ _, 1995.
S'TEPHEN P. CL RK, MAYOR
ATT
0
MA Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
A §&
20VIM M tan
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
At QU N
CITY AT
GMM/ms/
-3-
95- 136
ZONING FACT SHEET ��
LOCATION/LEGAL 821, 823 and 825 NW 33rd. Ave.
Lot 17, Block 3, COMFORT GARDENS (6-140) PROC.
APPLICANT/OWNER Antonio Fuentes
5445 Collins Avenue A512
Miami Beach, Florida
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 AN9REET N/A.
DUDE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A. Last Hearing Date: H/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.A. ordered to comply by 10/9/94.
Affidavit'of Non -Compliance issued on: N/A. Daily Fine: 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 15 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 pickup 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 Plannig Division, must be provided prior to the issuance
to any building permits 2) an appropriate screened trash area, or trash pickup 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. 117-94)
APPELLANT Antonio Fuentes
CITY COMMISSION
95.- 136
APPLICATION NUMBER 94- 330 Page 1 November 7, 1994
Mano
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IN
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
i
j FROM: Antonio Fuentes
j 5445 Collins Ave.
Miami Beach,. F1.
t 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 fc your attention in
i this matter.
I
ZSince
o Fuentes
1
j
i
i
95- 136 7
Mr. Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
(RESOLUTION Z8 117-94
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD DENIED
THE SPECIAL EXCEPTION AS LISTED IN THE 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
UNIT FORSQUARE
TWOFEET,
THOUSANDALLOW
FFIVEONE
HUNDREDADDITIONAL
DWELLING
SQUARE
FEET OF LOT AREA FOR A PROJECT CONTAINING TWO (2)
STRUCTURES WITH A TOTAL OF THREE (3) UNITS WITH A LOT
SIZE OF SEVEN THOUSAND FIVE HUNDRED SQUARE FEET (7,500
SQ. FT.) LOCATED AT 821, 823 AND 825 N.W. 33RD AVENUE
MORE PARTICULARLY DESCRIBED AS LOT 17, BLOCK 3, COMFORT
GARDENS SUBDIVISION (6-140) PUBLIC RECORDS OF DADE
COUNTY; ZONED R-2 WO -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: MJ. Basila and Mr. Luaces.
ABSENT: Mr. Barket.
Ms. Fernandez: Motion carries 7-2.
November 7, 1994 Itemf 6
Zoning Board
95- 13G
I
ZONING .BOARD ACTION ON PETITION FOR _SPECIAL EXCEPTION
I move that the request on agenda item G1 be ((nied))
(granted) in that the requirements of Section 3305 (were) 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 followings
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 -ingress and Egress.
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.
1305.2 Offstreet Parking 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 flaw and control, arrangement in
relation to access in case of fire or other emergency, and
screening and landscaping.
1305.3 Refuse and service areas.
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 Sians_and _lightin9-.- 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.
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 Drainage
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 potentially 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
fL Bate 136
Item
APPLICATION FOR SPECIAL EXCEPTION File Number V. 390
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 the neighborhood
from avoidable potentially adverse effects. It is further
intended that the expertise and judgement of the Zoning 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 for
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, Antonio Fuentes, hereby' apply to the City of Mimi Zoning Board for
approval of a Special Exception for prwrty located at 821 NW 33 A%, !g=--Z6' NW 331W,
Nature of Proposed Use (Be specific) THREE DLM-ex uN%TS GrOALAOW OME
/4%iDl T/o�J A�- �i✓r'Lci�1� L�NiT �DQ EA. �. 5'b0 � �F •i-aT AEA .
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 (as required) property boundaries,
existing (if any) and proposed structure(s)I , parking, landscaping
etc; building elevitions and dimensions and' computations of lot area
and ,building spacing.
X_ 3. Affidavits •disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
_ X 1. Certified list of owners of real estate within a 375•foot radius of the
outside boundarie. of property covered by the application.
5. At least two photographs that show the entire property (land and improve.
ments).
is 6. Other (Specify) ! .ARC ►,—( n6f�o.4 W/2X 11 S 13312 ELA—A
X 7. Fee of S 12 o to apply toward the cost of processing: 9 _ 136
Special Exception .......................... $650.00
Surcharge equal to applicable fee from item 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)
Signatu
er or Mhorized Agent
Name Antonio Fuentes
Address 5445 Collins Ave. Avt. 512
Phone (582) 9258$0
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
,dWrgtJlO FUCWTES , being duly sworn, deposes and says that he is the
(Owner)(Authorized Agent of Owner) of the real property described in answer to question 11
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority t� ute this petition oil
behalf of the owner.
SWORN TO AND SUBSCRj®ED
before me his /� day of
199,�f
NOTARY Commission Expires: ,
MY CorOtISSION EXP. DEC..301994
BONDED THRU GENERAL. INS. UNO.
ly
a�
Note Public, State of Florida at Large
95- 136
AFFI0AVIt
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
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 Mimi, 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 1*half 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.
,. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(SEAL)
N
Sworn to and Subscribed before me
this day of
NeEAav p&Fjid&at Large 9 5 - 136
MY COMMISSION EXP. DEC. 3.1994
OWNER'S LIST
Owner's Name Antonio Fuentes
Mailing Address 5445 Collins Ave. Apt. 512 Miami Bea h F1
Telephone Number (5 8 2) 9 2 5 860
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
r
Street Address
Legal Description
Legal Description
95- 136
OISCLOSURE OF OWNERSHIP
1. '.egai description and street address of subject real property:
LOTS ICo &ko t'f, ;N &-a cK 3 OF cct4l owrc!&2DiJJg, AccoeD►*l6
7 b 1'1Ae PLAT 74SILeoF AS REcCRaEp �t-1 RAT bop K Co i AT pA.c.,g
140' ci- 1-44E Fu5uc Fr=coRo5 of =40E cOU47"f FWRiDa
82t 33 4,4e4u6
2. Owner(s) of subject real property and percentage of owership. Note: City of giami
Ordinance No. 9419 requires disclosure of all parties having a financial interest.
either direct OF indirect, in the subject natter of a presentation, request or
petition to thr City Commission. Accordingly, question 12 requires disclosure of
-hareholdars of corporations, beneficiaries of trusts, and/or any other interested
,;artier, together with their addresser and proportionate interest.
Antonio Fuentes 100% (Ownership)
3. legal description and street address of any real property (a) owed by any party
listed in answer to question 02, and (b) located within 373 feet of the subject
real property.
N/A
STATE OF FLORIDA } SS:
COUNTY OF OAOE }
ANT04to r-%A%-4T" , being duly savor►. deposes am says that he is the
Owner (Attorney for Omer) of the real property describer in answer to question 01,
Love: that he has read the foregoing answers and that the woes are tm and coeplets;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of tho owner.-e5
'
(SEAL)
SWORN TO AND SUMCA CEO
before a is
day of 19
tary of Florida at WV
k31P UPIMORIDA
Mr COMMISSION EXP. DEC. 3. you t t�