HomeMy WebLinkAboutR-95-0433J-95-358(a)
5/ 17/95
RESOLUTION NO. 9 5 r 433
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND DENYING THE VARIANCE FROM
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 9, SECTION 908.11.2, VISION
CLEARANCE AT INTERSECTIONS, SUBSECTION
908.11.2.2, AT INTERSECTIONS OF DRIVEWAYS
j WITH STREETS, R-2 TWO-FAMILY RESIDENTIAL,
j PERMITTED PRINCIPAL USES, TO ALLOW THE
! CONSTRUCTION OF AN EIGHT FOOT (81) CBS WALL
WITH A VISIBILITY TRIANGLE OF 0'-0"(10'-0"
j REQUIRED ON BOTH SIDES) FOR THE PROPERTY
LOCATED AT 2927 SHIPPING AVENUE, MIAMI,
FLORIDA; ZONED R-2 TWO-FAMILY RESIDENTIAL.
WHEREAS, the Miami Zoning Board at its meeting of April 3,
1995, Item No. 5, duly adopted Resolution ZB 037-95 by a five to
three (5-3) vote, denying the Variance, as hereinafter set forth;
and
WHEREAS, an appeal has been taken to the City Commission by
the applicant from the denial of the 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 practical difficulties and
unnecessary hardships do not exist which would impair the owner's
right to the reasonable use of the property without the grant of
variance as hereinafter set forth;
CITY COb=9SrO1�
MEETIIbTG OF
MAY 2 5 1995
�Q,� Resolution No,
95 - - 4.33
,...r..-.-....ter ..
1r_
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 affirmed and the request for a variance from Ordinance
No. 11000, as amended, the 'Zoning Ordinance of the City of Miami,
Florida, Article 9, Section 908.11, Vision Clearance at
Intersections, Subsection 908.11.2.2, At Intersections of
Driveways With Streets, R-2 Two -Family Residential, Permitted
Principal Uses, to allow the construction of an eight foot (S,)
CBS wall with a visibility triangle of 010" (10'-0" required on
both sides) for the property located at 2927 Shipping Avenue,
Miami, Florida, described as Lot 18, Block 1, LINCOLN MANOR
SUBDIVISION, as recorded in Plat Book 22, at Page 2, of the
Public Records of Dade County, Florida; zoned R-2 Two -Family
Residential, is hereby denied.
- 2 - 95- 433
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 25th da May 1995.
STEPMN P. CLARKV MAYOR
ATTEST:
MM 141 (gel,
G. MIRIAM MALR
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS;
i wv
A QU J , III
CITY 1'TO
i
GMM/W048
95— 433
ZONING FACT SHEET
LOCATION/LEGAL 2927 Shipping Avenue.
(Complete legal description with the Hearing Boards Division).
APPLICANT/OWNER Gary L. and Anne S. Baumgartner
2927 Shipping Avenue
Miami, Florida
446-6905
ZONING R-2 Two -Family Residential.
I
REQUEST Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 9, Section 908.11.2, Vision Clearance at Intersections, Subsection
908.11.2.2. At Intersection of Driveways with Streets, to allow the construction
of an eight foot (8') CBS wall with a visibility triangle of 0'-0" (10'-0" required
on both sides); zoned R-2 Two -Family Residential.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS Denial (See attached).
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: N/A
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: N/A
HISTORY N/A.
ANALYSIS
The Planning, Building and Zoning
Department recommends denial of the requested variance for a
visibility
triangle based on findings
that such a reduction will create a very dangerous
Q�
situation
property.
for potential vehicular
There is no hardship t
and pedestrian conflicts along the front of the subject
justify such a dangerous variance for a property that is
above the
standard lot size withPn
the City of Miami. There are other options available to the
applicant
including a wrought iron
or aluminum picket fence/c.b.s. wall combination which would
allow for
visibility and security.
ZONING BOARD Denied. (Res. No. 037-95)
APPELLANT Gary L. Baumgartner.
CITY COMMISSION
APPLICATION NUMBER 95- 368
Page 1 April 3, 1995
35- 433
W-1
ANALYSIS OF PROPOSED VARIANCE
APPLICATION NUMBER 94- 368
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.
April 3, 1995
Page 2
9�� 433
s.
PUBLIC WORKS RECOMMENDATIONS:
Driveway visibility triangles are essential for vehicular and
pedestrian safety. Shipping Avenue is zoned as a standard 50
foot wide roadway and is a "through" street connecting S.W. 27
and 32 Avenues with a 30 m.p.h. legal speed limit. The edge of
the driving lane is approximately 15 feet from the property line
less than the length of an automobile. In order to exit the
driveway, the front or rear of the vehicle must completely cross
the sidewalk without visibility observing pedestrians and in
order to close the motorized gate, the exiting vehicle must enter
the driving lane.
The Metropolitan Dade County Code Section 33-11 requires the same
visibility triangle and the F.D.O.T. "Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets
and Highways", which applies to all roadways, requires similar
clear zone and sight distance requirements for driveways.
Sufficient distance must be provided for both the driver of the
vehicle exiting the driveway and pedestrian and vehicular traffic
utilizing Shipping Avenue to detect an exiting vehicle.
Because of the mixed use of this street and the safety reasons
stated above, the Public Works Department recommends denial of
this request to waive the visibility triangle requirements.
Since the design of the proposed wall can be modified to provide
driveway visibility triangles (decorative iron pickets, etc.) a
hardship has not been demonstrated that justified waiver of this
safety requirement.
95-- 433
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�TO'RN 95- 433AVE
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N-�1a/1995 09• 49
1-:n5-. 6905
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Pa1;E 01
To:
Ms Teresita Fernandez
City Of Miami
Chief Of Hearing Boards
275 N.W. 2nd, Street
Miami, F1. 33129
From:
Gary Baumgartner
2927 Shipping Ave.
Miami, P1. 33133
Re: 2927 Shipping Ave.
April 11, 1995
w
w
We wish to appeal the Zoning Board -decision of April 3, 1995
concerning our request for a variance from Ordinance # 11000
Subsection 908.11.2.2.
We request a visibility triange of 0' -0 " in that our security
wall is fifteen feet from the payment (10' required). There is
ample room for a car to exit our driveway, stop before entering
Shipping Ave. and have clear visibility in both directions as
shown by pictures submitted to the Board.
In excess of three hundred notices were sent to our neighbors in
-the affected area and not one neighbor appeared to speak against
our variance request.
At least 25 properties in our area have solid walls without
visibility triangles including those at 2920 Shipping Ave., 2930
Shipping Ave.,,2940 Shipping Ave., 2942 Shipping Ave., and 2950
Shipping Ave..
Our home has been burglarized three times. I work six nights a
week, leaving home at !0:30 P.M. and returning at 9:00 A.M. the
next morning. We need the security afforded by a solid wall as
opposed to a wall that gives criminals an open viewing area into
our property.
Sincerely:
-10
GarrAyatumgartner
2927 Shipping Ave.
Miami, F1. 33133
(305 ) 446-6905 9 5- 433
Mr. Henry Crespo offered the following Resolution
and moved its adoption.
I RESOLUTION ZB 037-95
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1
OF ORDINANCE NO. 11000, THE ZONING BOARD DENIED THE
VARIANCE FROM ORDINANCE NO. 1100P, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION
908.11.2, VISION CLEARANCE AT INTERSECTIONS, SUBSECTION
908.11.2.2 AT INTERSECTION OF DRIVEWAYS WITH STREETS, R-2
TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO
ALLOW THE CONSTRUCTION OF AN EIGHT FOOT (8') CBS WALL
WITH A VISIBILITY TRIANGLE OF 0'-011,(10'-0" REQUIRED ON
BOTH SIDES) FOR A PROPERTY LOCATED AT 2927 SHIPPING
AVENUE LEGALLY DESCRIBED AS LOT 18, BLOCK 1, LINCOLN
MANOR SUBDIVISION (22-2) PUBLIC RECORDS OF DADE COUNTY;
ZONED R-2 TWO-FAMILY RESIDENTIAL.
Upon.bei.ng seconded by Mr. Arsenio Milian
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Crespo and Milian.
NAYES: M�ssrs. Barket, Carman & Moran-Ribeaux.
ABSENT: Messrs. Luaces and Hernandez.
Ms. Fernandez: Motion carries 5-3.
April 3, 1995 Item# 5
Zoning Board
95- 4.33
k,_
ZONING BOARD ACTION ON Pr-TITION FOR VARIANCE
MOTION: that the request on agenda item r 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 EACH not exist) which are' peculiar to the land,
STATEMENT structure or building involved and which are not
applicable to other lands, structures, or
buildings in the same zoning district.
Zl) 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
n ) result from the actions of the petitioner:
i l) as stated in the City's findings of fact
,t
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
nnecessary and undue hardships on the
/1"etitioner:
) as stated ih the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
C
l
1(0
d) Granting the varian requested (will) (will not)
convey the same treatment to the individual
owner as to the owner of other lands, buildings,
�r structures in the same zoning district.
L' 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:
Z1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
S g atura
167�
Date
Item
95- 433
PETITION FOR VARIANCE File Number
A variance is relaxation of the terms of the ordinance where such
action wilt 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, site of structure, dimensions of yards
and other open spaces and off-street parking or loading require-
ts (Section 1901)
Wt A)N V ^ 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 1,911 5 ff?jtJ & AVtAWE , Miami as specified below.
In support of this application, the following eaterial 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), parking, landscaping
etc; building elevations and dimensions and coaWtations of lot area
and building spacing.
f 3. Affidavits disclosing ownership of property covered 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-
ments).
6. other (Specify) OPi , -0 F lnl r9'R-2.,An%7X `b tED
V 7. Fee of = to apply toward the cost of processing, based on the
followin4: .
CS, Pe, 1-1, A-2, (single-family
sad Wax residential uses) ............. S 200.00
Dare. docks. wOwrvee and the
like, for each variance ffoal
the ordinance, per linoel foot ........... S 30.00
etiniam................................... 3 600.00
All other %Vlications for ea* verifto
fm the ord i fflo", per s*W* foot of
gross floor aw of no building(s) or
abditions, based up" this definitica
of floor am (section 1901) ............. $ 0.07
Minis ................................... S 660.00
95— 433
I]
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, OR, R-1. R-21......................... $ 200.00
All other residential districts .......... S 3S0.00
All nonresidential districts ............. S 450.00
Extension of tips for variance ........... S 400.00
Surcharge equal to applicable fee from items above,
not to exceed six hundred and fifty dollars (3650),
except from agencies of the city; such surcharge to
be refunded to the applicant if there is no appeal
frm a property owner within three hundred and
seventy-five (375) feet of the subject property.
(City Code - Section 62.61)
S. The variance requested is for relief from the provisions of section L . �� .Z• Z
of the City of Mimi toning Ordinance as follows:
51CrHT TicIANk4--- VAai A+ J66
�e. (,� v r ►�rJ `- 1 b �
S ev) — O
9. In support of the application, the applicant is prepared to offer the
followinq evidence, on the point enuoerated at Subsection 1903.1 of the
City of Hiami toning Ordinance.
Note: This application cannot be accepted for Zoning Board action unless all of the
following six items are co"leted.
(a) Special mWitione and circumstances exist which are peculiar to the lend,
structure, or building involved and which ere not applicable to other lands,
structures, or buildings in the starts toning district in that: (list evidence
' to be produced mW use additional sheets,, if necessary.)
1. TvtCr oVe(CF-Rft)ttt 6b NAcl AAJ Agt1AIJAAIC& o}C- rtameLeSS
4 -r4ANs ("-r ,kart -pt&V ffC. UU"rc-`7 WA#IJ4&Z--
W -rO TINE- �°P'�taa�t-T�-(. VJ
Trftr s�-r 9 5- 433
l
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
F4maL ,sects nvc s- Tc A
-r!:WAAIT�P .
(c) Literal interpretation of the provisions of the toning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same
toning district under the terms of the toning ordinance and would work
unnecessary and undue hardships on the petitioner in thatt
(d) Granting the variance requested will not confer on the petitioner any special
privilege that is denied by the toning Ordinance to other toads, buildings, or
structures in the same toning district in that:
JA) irYi✓ A�o ci-( yt4�0 /04PtLTA 14 Af .
(e) the variwe, if granted, is the minima variance that will make possible the
reasonable use of tee leomd, building, or structure in that:
IT W114, AJAM i N, A C';6 /jam
95- 433
/9
V (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•
rise detrimental to the public welfare.
Mote: All documents, reports, studies, exhibits or other written or graphic material to
be submitted to the Zoning Wrd shall be submitted with this application.
Signature
Owner or Authorized Agent
Address27
, FL
STATE OF FLORIDA) M(A01 '
SS;
COUNTY OF DADS )
�� �� �� w� cJz2�
6Wke Y � !l�� �t t�'( . being duty sworn, deposes and says that the
(Owner)(Authorixed Agent of Owner) of the real property described in answer to Question #I
above; that he has read the foregoing answrt and that the scat 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)
SWORN TO AND S1JlSC1tIBIS
before W this _� day of '
Notary Public, State of iloria et Large
emission txpireec
95- 433
1,
AFFI0AYIT
STATE OF FLORIDA }
SS
COUNTY OF DADE }
I
defor* me, the undersigned authority, this day personally appeared
AWX 8v`UM64 ►49, who being by me first duly sworn, up
on oath, deposes
and says:
1. That h -thef owne!5 or the legal representative of the owner,
submitting the accospanying 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 his 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.-44-4 the mmev5or legal representative.
4. The faets U represented in the application and documents submitted
In t:w4 wKtion with this affidavit are true and correct.
Further Affient sayeth n6t. "AX7
Sworn to ant "SuIncribed befnsre M
n
this day of 0
✓A
rz •Nv'i`az� r��wwo� sd^I -OW 40IS9 5 - 4.3 3
�LL4L1� SIWW0'
30 UVIS.O'►" Y3AQA
Notary 041 1c, State of Florida at LAr"
NY Cosmissiom imir"I
OWNER'S LIST
Owner's Kane GYVX Y
� a
Mailing Address
Telephone Number �!/ -`�i �B✓�
Legal Description:
owner's Name
Mailing Address!�;�
Telephone Number
Legal Description:
Owner's Now
Hailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 373 feet of the subject site is listed as follows:
Street Address - LIg41 Description
l
Street Address Legal Description
Street Addlresf Lsal Deecription
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
70� 27 `r7� l l�Pr �iG- �► 1,'t7- 16 ),1da-- l
14A)a1.,,V MAIM
, P-r cwK 2Z , P(, 2
2. Owner(s) of subject real property and percentage of ownership. Note: City of Mani
Ordinance No. 9412 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject utter of a presentation, request or
petition to the City Commission. Accordingly, question fZ requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Q"rA y ,r . Fr� yofe
, 4NyV,r .T yd 47
r'rworo iAI ew�lw
-3. Legal description wW street address of any. real property (a) mmed by any party
listed in answer to question #2, and (b) located within 373 feet of the subject
real property.
/Y d/Vk
oii11ER OR ATTORNEY FWrlMkk
STATE OF FLORIDA ) SS:
COUNTY
�OFF�DADE
tTV being duly sworn, deposes and says that
is the (Please print) "Ter .(Attorney for Owner) of,th• veal property described in
answer to question 01 above; that he has read the foregoing answers Mad that the same
are true and caplets and (if acting as attorney for owner) that he has authority to
execute the disclosure of Ownership fore on behalf of the owner.
✓ _.oa. (SEAL)
Signature of Owner or Attommy for Owner
SMOA11 TO AND !PASCAI&C
before se this 11
day of sLrJ-, jojjc
Notary Public, State of Florida at Lane
my COMISSION EXPIM. .
�JMB OF 95-
433
K
Submitted i.-Lito the pLilillic
record in
item F;Z - 14
D5 - 433