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HomeMy WebLinkAboutM-94-0464Submitted into the pu,',, is % 16cord in connection with items z� o�i � -'/� Rraftv Hirai Ca —some; ti 12 47 I 78 R 1 Q a 79 L V) 14 F Ib s a is IQ Submitted into t}ae pizi.)iic MIAMI-ROADS NtiGHBORHOOD w� -�-f Civic Association, Inc, ff-T1 TION `]'HE UNDERSIGNED RESI:DEN'1'S OF "THE ROADS" NEIGHBORIVi4 STRONGLY OPPOSE THE GI:ANTING OF A SPECIAL EXCEPTION TO ALLOW CONSTRUM'ION OF THREE LIVING UNITS ON A LOT WITH DUPLEX ZONING AT 630 - 632 S.44. 19 ROAD. THIS EXPANSION WALL CREATE UNACCEPTABLE OVERCROWDING AND 'f'HREATENS THE VALUABLE OPEN SPACES 'l'HA'1.' ARE NECESSARY TO MAINTAIN THE UNIQUE QUALITY OF OUR NEIGHBORHOOD. NAME ADDRESS PHONE A-- 464 MIAMI-ROADS NEIGHBORHOOD recco,(, I R61T-12.1-1-1-- -, Civic Association, Inc. P(STIT10h 0/134 THE UNDERSIGNED RESIDENTS OF "THE ROADS" NEI.O.HBOUMOD STRONGLY OPPOSr- 'PHE GI\AN'PING OF A SPECIAL EXCEPTION TO ALLOW CONSTRUCTION OF '111REE LIVING UNT'll'S ON A LOT WITH DUPLEX ZONING AT 630 - 632 S.W. 19 ROAD. THIS EXPANSION WILL CREATE UNACCEPTABLE OVERCROWDING AND 'PHREATENS THE VALUABLE OPEN SPACES THAT ARE NECESSARY 'l.'O MAINTAIN THE UNIQUE QUALITY OF OUR NEIGHBORHOOD. NAME ADDRESS PHONE V- I U TU elv- :2 A-64 5( dc MIAMI-ROADS NEIGHBORHOOD Civic Association, Inc. PDTI TION _q.q, THE UNDERSIGNED RESIDENTS OF "I'li E ROADS" NEIGHBORHOOD STRONGLY OPPOSE ']'HE GRANTING OF' A SPECIAL EXCEP'FION 1'0 ALLOW CONSI'RUCTION OF '1141REE LIVING UNITS ON A LOT WITH DUPLEX ZONING AT 630 - 632 S.W. 19 ROAD. ']'HIS EXPANSION WILL, CREATE UNACCEPTABLE OVERCROWDTNIG AND FHREATENS THE VALUABLE OPEN SPACES PHAT ARE NECESSARY l.'O MAINTAIN l'HE UNIQUE QUALIFY OF OUR NEIGHBORHOOD. NAME ADDRESS PHONE /'�r/h NK�G� `'� S'''"Z "i „� /i�'� 101 mac_ C6 1 D I / - 11 /z-- -,, -�, z1v ------ s7cd C), (/c 7 u." F-1 LIE Jp 4 Go 4 N i, MLNMI-ROADS NEIGHBORHOOD recorc Civic Association, Inc. Ili E UNDERSIGNED RESIDENTS OF E ROADS" NEY6f-IB(jMO"6D STRONGLY OPPOSE '].'HE GRAN'J'ING OF A SPECIAL, EXCEPTION 'I * '0 ALLOW CONS'I'RlJCl'ION OF 111REE GIVING UNI'I'S ON A LOTWl'I'll DUPLEX ZONING Al' 630 - .632 S.W. 19 ROAD. ']'HIS EXPANSION WILL CREA'PE IJNACCEP'I'ABT,E OVERCROWDING AND 11-TREM'ENS THE VALUABLE OPEN SPACES 'PHM' AIRE NECESSARY TO MAIN'I'AIN ].'HE UNIQUE QIJALI'I'Y OF OUR NEIGHBORHOOD. NAME ADDRESS PHONE 71j Li- C6 / D G/ 0 , " /-- C� 3o Y/ C-lz Lq p A- 464 IVIIAMI-ROADS NEIGHBORI OOD Civic Association, Inc. YETI TION THE UNDERSIGNED RESIDENTS OF "THE ROADS" NEIGHBORHOOD STRONGLY OPPOSI: THE GI:ANTING OF A SPECIAL EXCEPTION TO ALLOW CONSTRUCI'ION OF '11IREE LIVING UNI'1'S ON A LOT WITH DUPLEX ZONING AT 630 - 632 S.W. 19 ROAD. 'PHIS EXPANSION WIILL CREATE UNACCEPTABLE OVERCROWDING AND THREA'1.'ENS THE VALUABLE OPEN SPACES 'PIIA'1.' ARE NECESSARY TO MAINTAIN THE UNIQUE QUALITY OF OUR NEIGHBORHOOD. NAME ADDRESS PHONE �J� ! Z.3 J, k-j11�1�� 1 0 Pz qs� -31 VL �I /164 MIAMI-ROADS NEiUHORHOOD Civic Association, Inc. PETITION THE UNDERSIGNED RESIDEN'l'S OF "THE ROADS" NEIGHBORHOOD STRONGLY OPPOSE THE Gf%ANTING OF A SPECIAL, EXCEPTION TO ALLOW CONSTRUCTION OF 'L'HREE LIVING UNI'L'S ON A LOT WITH DUPLEX ZONING AT 630 -- 632 S.W. 1.9 ROAD. `PHIS EXPANSION WILL CREATE UNACCEPTABLE OVERCROWDING AND TllREA'1.'ENS ']'HE VALUABLE OPEN SPACES 'PHA']' ARE NECESSARY TO MAINTAIN 'rHE UNIQUE QUALITY OF 013R NEIGHBORHOOD. NAME ADDRESS PHONE i6e v' FyIVIZOU_ 9S- y? q'y7 t. L i R �.1 item 4z 1: r %�- 484 ZONING FACT SHEET PZm 6 LOCATION/LEGAL 630-32 SW 19 Road (Complete legal description on file with the Hearing Boards Division). APPLICANT/OWNER Miriam D. Miles 4100 W. Flagler St. Suite K Miami, Florida 441-2220 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 a lot with more than five thousand (5,000) sq. ft., one additional dwelling unit for each two thousand five hundred (2,500) sq. ft. Lot size of seven thousand eight hundred eighty seven (7,887) sq. ft.; proposing three (3) dwelling units. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval with conditions. PUBLIC WORKS No comments. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Violation(s) Cited: N/A Ticketing Action: N/A Found: 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 ANALYSIS The requested Special Exception is for the purpose of providing an additional dwelling unit on an R-2 lot due to the fact that the subject lot has an additional 2,500 square feet. The submitted site plan is well designed and provides sufficient open space for the one existing, and two proposed dwelling units; however the landscape plan needs to be expanded to ensure that the new units will have the same quality of landscaping as the existing unit to remain. The Planning, Building and Zoning Department is recommending approval with the condition that an expanded landscape plan with specifiactions be submitted for review and approval by the Planning Division prior to obtaining a building permit for the new units; this is based on findings that the proposed project will not have any adverse effects on the surrounding area. ZONING BOARD (Res. No. 39-94) APPELLANT Jose M Pineda CITY COMMISSION APPLICATION NUMBER 94- 263 Page 1 May 16, 1994 3/4_ 464 . . . . . . . . . . . . . 7 L 13T S. ST � 1 7, -* 6T 7T 11, 77 s t-64 10 3 10 ly! R L $ W 113 601 SW 20th Road Miami, FL 33129 Teresita Fernandez May 20, 1994 .. Chief Hearing Board Officer N Planning, Building & Zoning Department City of Miami 275 NW 2nd Street Miami, FL 33128 Dear Ms Fernandez: I am herewith appealing the Zoning Board's decision of May 16, 1994, granting a special exception to permit construction of a triplex at 630-32 SW 19th Road -- Application No. 94-263. My residence is immediately behind the property in question, and I feel this proposed development will seriously overcrowd a small lot and infringe on my property. you will please note that my residence is well within the 375-foot zone of affected properties. Allowing this additional unit will set a precedent for further overcrowding in the Roads community, and trigger a deterioration in the neighborhood.. I would note that existing duplexes in the Roads are on generous lots to avoid the appearance and reality of overcrowding. Since the existing duplex on the property in question has been poorly maintained -- a cause of considerable concern to nearby residents -- we have little confidence that the Board's condition of additional landscaping will be honored. With six cars parked in front of the proposed triplex, the site will be an eyesore in our neighborhood. To repeat, I feel very strongly that the proposed triplex will seriously crowd my residence and the immediate area, serve as a precedent for further deterioration of the surrounding area and be totally out of character in the Roads, a community noted for its.open spaces, wide lots and broad roadways with generous medians. Thank you for your prompt attention to this appeal. Sincerely, JOSE M. PINEDA 7 14- 464 Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 39-94 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD GRANTED 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 (5,000) SQUARE FEET, TO ALLOW ONE (1) ADDIITIONAL DWELLING UNIT FOR EACH ADDITIONAL TWO THOUSAND FIVE HUNDRED (2,500) SQUARE FEET OF LOT AREA, FOR A LOT SIZE OF SEVEN THOUSAND EIGHT HUNDRED EIGHTY SEVEN (7,887) SQUARE FEET LOCATED AT 630-32 S.W. 19 ROAD LEGALLY DESCRIBED HEREOF ATTACHED AS "EXHIBIT II" PUBLIC RECORDS OF DADE COUNTY; ZONED R-2 TWO-FAMILY RESIDENTIAL. THIS SPECIAL EXCEPTION WAS GRI:"TED PER PLANS ON FILE WITH A TIME LIL_TATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE SUBMITTAL OF AN EXPANDED LANDSCAPE PLAN WITH SPECIFICATIONS WHICH MUST BE REVIEW AND APPROVED BY THE PLANNING DIVISION OF THE. PLANNING, BUILDING AND ZONING DEPARTMENT PRIOR TO OBTAINING SAID BUILDING PERMIT. Upon being seconded by Mr. Osvaldo Moran- Ribeaux the motion was passed and adopted by the following vote: AYES: Mses. Basila and Morales Messrs. Moran-Ribeaux, Crespo, Luaces and Milian. NAYES: Ms. Hernandez ABSENT: Messrs. Birket, Sands and Carman. Ms. Fernandez: Motion carries 6-to 1. May 16, 1994 Item #4 Zoning Board 94_ 464 1 I EXHIBIT II LEGAL DESCRIPTIO14 Portion of Lots 19 and 20 in Block 50 of "BRICKELL ESTATE" according to tN Flat thermf, as recorded in Plat Book 171 at Page 52, of the Public Recoj* of fade �osant�, loridai And being more particularly described as follows: Begin at the Southeast comer of Lot 19, in Block 50, of "13RICXEU ESTATES"; dmzw South 53°06'45" West a distance of 78.90 feet to a point; them Norte 36"53'15" West a dish of 99.97 feet to a point; thence North 53°06'45" East a disb= of 78.90 fbd to a point; thetke South 36°53'15" East a distance of 99.97 fit to the Poirot of Beginnio& t • a ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION move_ -that the request on agenda item t be (denied) grantedJi in that the requirements of Section 2305 (were) (were no satisfied by relevant evidence in the record of the public hearing• a) as stated in the City's findings of fact, or as demonstrated by the petitioner, or e) on the basis of the following: ----------------------------------------------------------------- The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the aWlicable requirements of this Zoning Ordinance, Section 2305, (haviy (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 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. 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. 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. a 94- 404 12, Duo consideration the 11 be given to utilities required, with particular reference to availability and capsalty of systems, location of corm ctivns, and ppotentially adverse appearance or other adverss' Affects on adjoining and nearby property and the character of the arm&. I Due consideration a all be given for drainage, with particular rafersnco to offec on adjoining and nearby properties and on general drainage syy terns in the area. Where major drainage volume* appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for racharge of groundwater supply on the property, temporary retention with grddual discharge, or other remedial measures. 130S,,7 pre,L$&n--of eat ems. _ - ------ Due consideration ah 11 be given to provision for the preservation of 9xisting vegetation and geological features whenever possible. i UJU Qgntroj qt Dotentially-adv®rsa elPeo�, g��nere v� In addition to consideration of detailed elements indicated abovo, as approprigqto to the particular class or kind of special permit atthe ci#cumstances of the particular cacao due consideration Oh ell be �iiven to potentially adverse effects generally on adjoining and nearby propertied, the area, the noighborhood, or the City, o the use or occupancy as proposed, or its location, construction) design, character, scale or manner of operation. Whore such potientially adverse effects are found, ; consideration shall be given to special remedial msbsures appropriates in the partic' 1ar circumstances of the case, including screening or buffernq, landscaping, control of manner or hours of operation, alteration of use of such apace, or such other measures as are required to assure that such pot6ntial adverse effects will be ®lie hated or minimised to the mOximum extent reasonably feasible, a d that the use of occupancy will be compatible and harMonious wit other development; in the arep to a degree whioh will &void eubst ntial depreciation of the value of nearby property, ' ! i�latu �e tem 1 - 464 APPLICATION FOR SPECIAL EXCEPTION ;ile 4umoer within the City generally, or -ithin certain zoning districts, :trtaln structures, uses, and/or occupancies specified in this ,ra—anee ire of a nature requiring special and intensive revieh to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards 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 )udgeeaent of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions. (See Article 1.6) PorAal 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. 1 ''.iriam 0.!'iles, hereby apply to the City of Mini Zoning Board for apRrova,l of a Special Exception for property located at 630 & 632 5;1 19 -a "lain- , 71 3 3129 b !nature of Proposed Use (Be specific) See Exhibit 7 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 elivations 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). k 4. Certified list of owners of real estate within a 31S-foot radius of the outside boundaries of property covered by the application. JC S. At least two photographs that show the entire property (land and improve- mtnts). 6. Other (Specify) 7. Fee of to apply toward the cost of processingt ,� m Special Exception .......................... s650.00 Surcharge equal to applicable fee from iten above, not to exceed six P)undred and fifty dollars (s650) except from agencies of the city; such surcharge to �Ie refunded to the applicant if there is no appeal from a property owner .,Rhin three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) Signature e0vr r or Authorised Agent Name :iria-a 0. G;iles Address 4100 Test Flagler St, ;?ia;ni Phone (305) 441-2220 STATE OF FLORIDA) SS: COUNTY OF OADE ) Miriam D.,Mile� �. being duly sworn, deposes and says that he is the (Owner (Authorized Agent of Owner) of the real property described in answer to question i1 ve; that he has read the foregoing answers and that the sun art true and complete; and (if acting as agent for owner) that he has authority to execute this. petition on behalf of the owner. (Nam) SWORN TO AND SUBSCRIBED before me this 20 day of 199,.. My Commission Expires: 'Fri: '1-'N.'- fL. Ll,XFS CA L F RNt\\D� � MDITARY r-L.,4LIC STATE OF FLORIDA CONIMNSION 14Y C0�1 ijS ON E�rJAN CC3302 1908 Notary Public, State of Florida At la �_ 464 EXHIBIT I According to Ordinance 11000 as adopted on March 06, 1990; Section 401 "Schedule of District Regulations", under R-2 Two Family Residential "Conditional Principal Uses": Same as for R-1 Single -Family Residential and in addition: 1- For jots with more than five thousand (5,000) square feet, one (1) additional dwelling unit for each two thousand five hundred (2,500.00) square feet by Special Exception q.nly, j 15 9a- 464 I , 1 • S'arE )F -'!OPIDA } SS .OUNTY ;F :AOE } 9efore the undersigned authority, this day personally appeared who being by mt first duly sworn, upon oath, deposes and says: 1. That he is the owr�er,� 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 Meade a part thereof. Z. That all owners which he represents, if any, have given their full and complete permission for his to ages 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 naps, &ailing 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. Further Affiant sayeth not. 1 (flame) Sworn to and Subscribed before me 16 this 20 day ofApril , 19 9:4 —2tf �- za� Notary Public, State of Florida at Larg M, r^4•.4nn Cvni"J! LNF. I ML `:r .ARY _ _AL NDEZ NOTARY PUBIC STATE/OF FLORiDA CO.� -MISSiON NO. CC340274 NY CO\1-1�rS(ON F. P fAN. 6,19% )4- 464 i t ;WNER'S LIST Dwner's Name �I'.I'=: ;;r- Meiling Address ''-ast F'1a^,1er t quite .', 'ia^ i, : Zero 4a Telephone Number 3 0 5) 4 41 - 2 2 2 0 Legal Description: Owner's Naga Mailing Address Telephone Number Legal Description: Owner's Nam Mailing Address _ Telephone Nufaber _ Legal Description: Any other reel estate property owed individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address NONE Legal Description Legal Description Street Address 17 Legal Description Street Address ` 4 1 DISC'.JSWAE ;F ;rNEASHIP 1. Legal description and street address of subject real oroperty: 630 & 632 S^1 19 p.2 ':ia�i, F1 3312-9 71T, ,��.�s TO;r:•• ,USE F-!aST C0,1--0 UNITS a 2. Owner(s) of subject real property and percentage of owns n hip. Note: City of 4lami 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 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. "iria 1 0. :'files - Individually - 100% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question i2, and (b) located within 315 feet of the subject real property. 110cIE STATE OF FLORIDA } SS: COUNTY OF OAOE } --� r OWNER OR ATTORNEY FOR OWNER :'.iriam r. �:ile5 , being duly swam, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question /1, a v"e,, that he has reed tho foregoing answers and that the sane are true and cwmlete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership fora on behalf of the ower./-' , ---�—i SEAL) SWORN TO AND SUBSCRIBED (� before me this .70 day of ki l , 19 9.4 J� Notary Public, ate of Florida at LA e MY CDi'saiISSIOM EXPIRES: IS ARY SEAL ERNANDEZ E:= ATE OF FLORIDA NO, CC;10274 EXP !AN. 6,199d J 4 £®4 EXHIBIT II LEGAL DESCRIIPTIO14 Portion of Lots 19 and 20 in Mock 50 of "BR1CKELL ESTATES", according to the Plat thereof, .-,j recorded in Plat Book 17, at Page 52, of the Public Records of Dade County, Florida. And being more particularly described as follows: Begin at the Southeast corner of Lot 19, in Block 50, of "BItICICEU ESTATES"; thence South j3"06'45" West a distance of 78.90 fbet to a point;, time North 36®53'15" West at distances of 99.97 feet to a point; thence North 53*06'45" East a distance of 78.90 % to a point; thence South 36*53' 15" East a distance of 99.97 feet to the Point. of Beginning. 94— 4G4 19 1 MLA,1\41-ROADS NTIGHBORHOOD Civic Association, Inc. 311 SW 23rd Road Miami, CLL 331.29 May 9, 1994 Margarita Cordovi .NET Administrator City of Miami Coral Way Service Area 1770 SW 21st Avenue Miami, FL 33145 ,ear Ms Cordovi: :n behalf of the more than 300 members of the Miami -roads Neighborhood Civic Association, the Board of Directors strongly objects to the grancing of a: special exemption to allow a third duplex at 530-532 SW 19th Road. A "h.4—d unit would seriously overcrowd this small site, and be a detriment to the neigborh As a general matter, the association vigorously opposes increased density of dwellings and buildings in the Roads. we intend to preserve the unique and charming characteristics of our neighborhood, such as airy open spaces, generous lots and broad green expanses as envisioned byPioneer Mary Brickell and ' exemplified by the generous medians on marry of our roads. :'he proposed special exemption would serve as a precidert for further crowding and development in an area that already has had :Tore than its share of battles to preserve its special character. Thank you for consideration of this request, and we hope we can count on you and the city's planning and zoning officials to support our efforts in the months and years ahead. Sincerely, ICK NE:LLIUS President. 94- 484