HomeMy WebLinkAboutR-95-0336J-95-299(b)
5/1/95
RESOLUTION NO. 9 5^ 3 3 6
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING SEVERAL VARIANCES
FROM THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE
FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES,
TO PERMIT A NORTH SIDE YARD SETBACK OF 0'-2"
(5'-0" REQUIRED) FOR AN EXISTING ALUMINUM
CARPORT, A NORTH SIDE YARD SETBACK OF 3'-0"
(5'-0" REQUIRED) AND A WEST REAR YARD SETBACK
OF 2'-0" (10'-0" REQUIRED) TO PERMIT AN
EXISTING ALUMINUM SHED, FOR THE PROPERTY
LOCATED AT 820 NORTHWEST 35TH COURT, MIAMI,
FLORIDA, ZONED R-1 SINGLE FAMILY RESIDENTIAL,
PER PLANS ON FILE, SUBJECT TO THE CONDITION
THAT IF AT ANY TIME THE VARIANCE GRANTED FOR
A NORTH SIDE YARD SET BACK OF 0'-2" CREATES A
WATER -RUNOFF RELATED HARDSHIP FOR THE
ADJACENT NEIGHBOR, THE VARIANCE SHALL BE
j BROUGHT BACK TO THE CITY COMMISSION FOR
RECONSIDERATION, AND FURTHER SUBJECT TO A
TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the City of Miami Zoning Board at its meeting of
March 6, 1995, Item No. 5, duly adopted Resolution No. ZB 021-95
by a four to three (4-3) vote, thus constituting a denial of the
several variances; and
WHEREAS, the applicant has taken an appeal to the City
Commission from the denial of the variances; and
WHEREAS, the City Commission after careful consideration of
this matter, and notwithstanding the decision of the Zoning
CITY COMMISSION
MEETING OF
MAY 0 1 1995
Resolution No,
Board, finds that the requested variances meet the applicable
requirements of Zoning Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, subject to the
conditions set forth hereinbelow;
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 denying
several variances as listed in 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, Permitted Principal Uses, to permit a north side
yard setback of 0'-211 (5'-011 required) for an existing aluminum
carport, a north side yard setback of 31-0" (5'-0" required) and
a west rear yard setback of 2'-011 (10'-0" required) to permit an
existing aluminum shed for the property located at 820 Northwest
35th Court, Miami, Florida, also described in Lots 18 and 19,
Block 1, AMENDED PLAT OF DOUGLAS SEVENTH COMMERCIAL CENTER, as
recorded in Plat Book 25 at Page 24, of the Public Records of
Dade County, Florida, per plans on file, zoned R-1 Single Family
Residential, is hereby reversed and the several variances are
hereby granted, subject to the condition that if at any time the
variance granted for a North side yard set back of 0'-2" creates
a water -runoff related hardship for the adjacent neighbor, the
2
95- 336
9
shall be brought back to the City Commission for reconsideration.,
and further, subject to 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 1st day of May 1995.
STEPAN P. CLAR14, MAYOR
ATTEST:
CITY CLERK
PREPARED AND APPROVED BY:
A M A aa'\
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GMM/amk/WQOI-LDOC
3-
95- 336
ZONING FACT SHEET 'PZw 3
LOCATION/LEGAL 820 N.W. 35th Court.
Lots 18 and 19, Block 1, AMENDED PLAT OF DOUGLAS SEVENTH COMMERCIAL CENTER (25-2)
PRDC.
APPLICANT/OWNER Amor Esther Erice
820 N.W. 35th Court
Miami, Florida 33125
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, Permitted Principal Uses, to allow a north side yard setback of 0'-0"
(5'-0" required) for an existing aluminum carport addition, a north side yard
setback of 3'-0" (5'-0" required) and a west rear yard setback of 2'-0" (10'-0"
required) for an existing aluminum shed; zoned R-1 Single -Family Residential.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 9516012 Last Hearing Date: 3/22/95 Found: Continued.
Violation(s) Cited: Work completed without a permit, building and/or roofing, etc. and Encroaching in
required yards/open space.
Ticketing Action: N/A
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: The case was continued to 5/10/95.
HISTORY Continued from the Zoning Board Hearing of 2/6/95 to 3/6/95. The Zoning Board moved to grant
these variances on 3/6/95, which motion failed 4 to 3 constituting a denial.
ANALYSIS The Planning, Building and Zoning Department recommends denial of the requested variances for
an existing aluminum carport located on the property line, where a 5'-0" setback is required
and a garden shed built 3'-0" from the north -side property line where a setback of 5'-0" is
required and 2'-0" from the rear property line where a 10'-0" setback is required, based on the
following findings: 1) That neither structure is necessary for the owner to enjoy reasonable
use of this property; 2) that the lot is larger than standard in size and of regular
configuration and therefore both encroaching structures can and should be located elsewhere on
the lot where they are not in violation of the setbacks; 3) that the proximity of both the
garden shed and the aluminum carport to the abutting rear and side lots has a negative visual
impact•and therefore an adverse effect on these properties and 4) that the granting of these
variances would confer preferential treatment to the applicant with respect to other property
owners in the same zoning district.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Motion to approve failed constituting a denial. (Res. No. 021-95)
Amor Esther Erice
94- 356
Page 1 March 6, 1995
95- 336
ANALYSIS OF PROPOSED VARIANCE
APPLICATION NUMBER 94- 356
Yes No N/A
x 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.
x The special conditions and circumstances are a direct result
from the'actions of the petitioner.
x Literal interpretation of the provisions of Zoning Ordinance
11000 deprives the applicant of rights commonly enjoyed by
other properties in the same zoning district under the terms
of this zoning ordinance and works unnecessary and undue
hardship on the petitioner.
x Granting the variance requested conveys the same treatment
to the individual owner as to the owner of other lands,
buildings, or structures in the same zoning district.
x The variance, if granted, is the minimum variance that makes
possible the reasonable use of the land, building, or
structure.
x The grant of this variance is in harmony with the general
intent and purpose of this zoning ordinance and is not
injurious to the neighborhood, or otherwise detrimental to
the public welfare.
March 6, 1995 Item# 5
Page 2 02/24/95
95- 336
,y
0
Mr. Henry Crespo offered the following Resoluticr
and moved its adoption.
RESOLUTION ZB 021-95
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1
OF ORDINANCE 11000, THE ZONING BOARD MADE A MOTION TO
GRANT THE 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, PERMITTED PRINCIPAL USES, TO
ALLOW A NORTH SIDE YARD SETBACK OF 0'-2" (5'-0" REQUIRED)
FOR AN EXISTING ALUMINUM CARPORT, A NORTH SIDE YARD
SETBACK OF 3'-0" RO'-O"
'-O" REQUIRED) AND A WEST REAR YARD
SETBACK OF 2'-0" REQUIRED) FOR AN EXISTING
ALUMINUM SHED FOR THE PROPERTY LOCATED AT 620 N.W. 35TH
COURT LEGALLY DESCRIBED AS LOTS 18 AND 19, BLOCK 1,
AMENDED PLAT OF DOUGLAS SEVENTH COMMERCIAL CENTER (25-24)
PUBLIC RECORDS OF DADE COUNTY; ZONED R-1 SINGLE-FAMILY
RESIDENTIAL. THE MOTION WAS SUBJECT TO PLANS ON FILE AND
TWELVE (12) MONTHS TO OBTAIN A BUILDING PERMIT.
Upon being Seconded by Mr. Arsenio Milian the notion
failed by the following vote:
AYES: Ms. Basila. Messers. Crespo, Milian and
Moran-Ribeaux.
NAYES: Mses. Hernandez & Morales. Mr. Barket.
ABSENT: Messers. Carman and Luaces.
No. tornandes:
Notion failed 4 to 3 which constitutes a dell.
March 6, 1995
Zoning Board
I tempi 5
35- 336
0
PETITION FOR VARIANCE
File Number / q- ao
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, ANOR ESTHER ERICE , hereby petition the City of Miami Zoning Board for a
variance from the terms of the "Zoning Ordinances of the City of Miami," affecting
property located at 520 N.W. 35ti, m,r- , Miami as specified below.
In support of this application, the following material is submitted:
X 1. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
X 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.
X 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
X 4. Certified list of owners of real estate within a 375-foot radius of the
outside boundaries of property covered by the application.
X 5. At least two photographs that show the entire property (land and improve-
ments).
6. Other (Specify)
X 7. Fee of S to apply toward the cost of processing, based on the
following:
CS, PR, R-1, R-2, (single-fa:eily
and duplex residential uses) ............. $ 200.00
Piers, docks, wharves and the
like, for each variance frow
the ordinance, per lineal foot ........... S 30.00
Mini� ................................... $ 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... S 0.07
Minima ................................... $ 550.00
95-
336 11
t-19:,
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-2'......................... $ 200.00
All other residential districts .......... $ 350.00
All nonresidential districts ............. $ 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 provisions of section 440 /
of the City of Miami Zoning Ordinance as follows:
fir'%-�'���C E s
CARPORT: NORTH SIDE SETBACK 0 (51 Required) Q Q�
ALLUNINUd SHED: NORTH SIDE SETBACK 3' (5' Required)
REAR SETBACK 2' (10' Required)
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 iteus' 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.)
JAJ C,)U a STio ti ,4,fT 7'llog SITAl
C'o Ao d iT>c, •v5 ys a 7-HMS : Al Tf+C' Al E,,l AJ 4-J-0 R A� 00 L.�
IT 95- 336
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
✓ 4c= T[=d % / ,,j Wfi.y /-7,�LG7-
VUA-J No o7,HF,' 14REq 1w/,`/;�7y eA2
T1-+0.6a7— /3E ING C /z?,q yr b (jar T,� E /V C1 �C 7-
do A? S IV Or ys 7-6;- � C �q tJs i A,G f21JS'T
Jc lrlE !--7.4J/u.7— 4-08. ,oQ4,a7AACIP IeE/¢aor.i 4VgS �o
AV -DI d T E 67 k1,4 TF/C C.o/17N 'TE.Pi('igC 4 E VE/?y
TH,nT RAtNGD .
(c) literal interpretat ..n 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:
s s roe -r d , T,4 e/2 e , S P;? C � J) 9'"T 1-ej r 11-1 s
7)o P&- 0/Z �p � rE2/P 4 c 4 ti rxwE :3`oc
(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: A L g e V ,n is
q R AN r1AiG T14 - � R rY
LNdo� 01Y PeaPe
/v6,/GN 6o2NooD.
(a) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
A/e C)TwG" 2. AR E•q , N wAID
/ �o
� 15 V ri4,r l 11 a Al2o v I.; M G'N rs ! ,Ja o /&1
95- 336 13
(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.
TtLc C,4,v Ponr 'aL)�, i �Ctv i.s /Q �44RM6N'Y k:iT/4
T'ar /c C5'T c r_ -r1-k t PEs /Oc AiO /�/ b 1s Nb'T
IJ c T ,e i t» F N 'TR 1_.. 'T c --r%4 tr N a= / 4: 4• a 0 0-5
Note: All documents, reports, studies, exhibits or other written or graphic material to -
be submitted to the Zoning Board shall be submitted with this application.
Signature (�- e5- }- �.+�-• �'
22er or Authorized Agent
Name AMOK ES= T(T
Address 820 N.W. 35th Court. Mi=i , 1?T. 33125
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
ANOR ESTER ERTM being duly sworn, deposes and says that he is the
Owner (Authorized Agent of Owner) of the real property described in answer to question /1
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 to execute this petition on
behalf of the owner.
(Name) AMOR FSMER MICE
SWORN TO AND SU®SCRISED
before n this 15th day of
December I"A.. `
Notary blic, St to f Florida at Large
my Conission Expires:
OFFICIAL
OLGA B GARCIA
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC238062
MY COMMISSION EXP. OCT. 25,19% `- 3
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
AMOR ES'qMR ERICE , who being by me first duly sworn, upon oath, deposes
and says:
1. That he is th 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. t
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.
A. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affient sayeth not.
(SEAL)
(NOO AMOR ESTIM ERICE
Sworn to and Subscribed before ae
this lit iday of _DgggW�W 19Uv that I relied upon the following form of
Identification the above named person: Valid Florida Driver's License
not, tak 95 - 336
L A .A
ary Ou b1 c, of. Florida at Large OLCABCARCIA
NOTARY PUBLIC STATE OF FLORIDA 15
Expires:
My Co®sissiorn COMMISSION NO. CCLM062
MY COMMISSION EXP.00T. 25,1Q%
OWNER'S LIST
Owner's Name AMOR E5THER ERICE
Mailing Address 820 N.W. 35th Court
Telephone Number
Legal Description: hots 18 and 19, Block 1, MENDED PLAT OF DOUCLAS SEVENTH
COMlERCIAL CENTER (25-2) PRDC.
Owner's Nape
Mailing Address
Telephone Number
Legal Description:
Owner's Nam
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
I 1 (0 Street Address
Legal ftseription
Legal klCriptiof95—
3 3
6.
P#-
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 18 and 19, Block 1, of DOUG1AS SEVENM CONPZERCIAL CENTER, a Subdivision
to Amended Plat thereof, recorded in Plat Book 25, Page 24, of the Public
Records of Dade County, Florida, together with funiture, funishings and
f1Xt.ures contained tl erein and thereon. a/k/a
820 N.W. 35th Court, Miami, Florida 33125
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.
AMORE ESTHER ERICE, Owner of 100 % oW/JERSH I
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 02, and (b) located within 375 feet of the subject
real property.
A) Lets ]. rd 19, B 1, of S SRC IAI. a S sion
ANON E to rer-)
Plat th f, reco in Plat 25, Page , of the c Records
Of untry, orida.
st ttached h eto.
OWNS R ATTORNEY FOR OWNER
,WR ESZ:9ER MCE
STATE OF FLORIDA } SS:
COUNTY OF DADE }
ANiOR ES`rlMR FMCF., being duly sworn, deposes and says that he
is the (Please Print (Owner)a of the real property described in
answer to question pl abov , that he has read the foregoing answers and that the same
are true and complete and (if acting as attorney for owner) that he has authority to
execute the disclosure of Ownership fore on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this 15th
day of ,�,ber 1994.
Identification valid
Florida Driver's License
MY COMMISSION EXPIRES:
(SEAL)
Signature o Owne for Attorney for Owner
AMOR ESTHrlk-IM
Nota Public, St e f Florida at Large
&VRIML NOTARY -SEAL
OWA B GARCIA
NOTARY PUBLIC STATE OF R ORIDA
COMMISSION NO, CC23M
MY COMMISSION FXP. OCT, 25,1996
95- 336 17