HomeMy WebLinkAboutR-94-0294J-94-233(a)
4/21/94
RESOLUTION NO. 9 4- 2 9 4
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND DENYING THE VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 9, SECTION 908.10.1, GENERAL AND
SUPPLEMENTARY REGULATIONS, DRIVEWAYS AND
OFFSTREET PARKING, TO PERMIT A PROPOSED 20%
LANDSCAPED AREA IN THE FRONT YARD (60%
REQUIRED) FOR THE PROPERTY LOCATED AT 3045
LUCAYA STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); ZONED R-1
SINGLE-FAMILY RESIDENTIAL.
WHEREAS, the City of Miami Zoning Board at its meeting of
February 28, 1994, Item No. 2, duly adopted Resolution
No. ZB 13-94 by a five to three (8-3) vote, to deny the variance;
and
WHEREAS, the City Commission adopts and incorporates the
findings of fact of the Zoning Board as set forth in Resolution
No. ZB 13-94; and
WHEREAS, the City Commission after careful consideration of
this matter finds that the requested variance does not meet the
applicable requirements of Zoning Ordinance No. 11000, as
amended;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
APR 2 8 1994
Heao)ution Na
94- 294
Section 1. The recitals and findings set forth 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
the variance as listed in Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, Article 9,
Section 908.10.1, General and Supplementary Regulations,
Driveways and Offstreet Parking, to permit a proposed 20%
landscaped area in the front yard (60% required) for the property
located at 3045 Lucaya Street, Miami, Florida, legally described
as the North 38.32 feet of Lots 15, 16, 17 and 18, Block 16,
OCEAN VIEW HEIGHTS, as recorded in Plat Book 2 at Page 86 of the
Public Records of Dade County, Florida; zoned R-1 Single -Family
Residential, is hereby affirmed and the variance is hereby
denied.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 28th day of April. 1994.
f 6 �'4)'
A-
A E STERIHEN P. CLARK, AYOR
mAlty HIRAI
City Clerk
-2-
94- 294
APPROVED AS TO FORM AND
CORRECTNESS:
z4w//l-.,- .., 1d4l
A." QU 9K JO S, I I I
City Attorn
94- 294
R
'.00ATION/LEGAL
APPLICANT/OWNER
ZONING
REQUEST
� ZONING FACT SHEET
3045 Lucaya Street
North 38.32 feet of Lots 15, 16, 17 and 18, Block 16. OCEAN VIEW HEIGHTS (2-86)
PRDC
Pascuale and Renzo Renzi for Richard M. Brenner Esq., Agent
Royale Estates Inc. 21 SE lth Avenue
251 Crandon Blvd Apt. 1105 Miami, Florida 33131
Key Biscayne, Florida 33149
361-1896
R-1 Single Family Residential
Variance from Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Article 9, Section 908.10.1, General and Supplementary Regulations,
R-1 Single -Family Residential, Driveways and Offstreet Parking, to permit a proposed
20% landscape area in the front yard (60% required) for an existing single family
residence; zoned R-1 Single -Family Residential. f!
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial of application and appeal.
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: 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
TICKETING/ CEB Action: Warning letter given on 7/28i93.
HISTORY Denied on 2/28/94 by Res. ZB 13-94 by a vote of 5-3. Two (2) opponents were present at the
Zoning Board Hearing.
ANALYSIS There is no hardship to justify the requested reduction in the required front yard landscaped
area. The required percentage of landscaped area can be accomodated within the existing front
yard. The Planning, Building and Zoning Department is recommending denial, finding that the
reduction in required landscaped area will have an overall adverse impact on the neighborhood
and adjacent properties.
ZONING BOARD Denied. (Res. No. 13-94)
APPELLANT Pascuale and Renzo Renzi for Royale Estates, Inc.
CITY COMMI55ION
APPLICATION NUMBER 94- 215
Page 1 1 94- 294
ANALYSIS OF PROPOSED VARIANCE
APPLICATION NUMBER 94- 215
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.
The special conditions and circumstances are a direct result
from the actions of the petitioner.
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.
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.
The variance, if granted, is the minimum variance that makes
possible the reasonable use of, the land, building, or
structure.
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.
Page 2 03/25/94 -
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SYSTEMS, INC. - SOUTHEAST
6954 N.W. 12 STREET MIAMI, FLORIDA 33126
(305) 477-9149 FAX(305) 477-7626 (800) 287-4799
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M�AY•�t N � �,� i��i,� t o�1 R� ranz.'O �rJlc�
I ,I
94_
294
�i
Z3/4/94
Ms. Elba Morales offered the following
Resolution and moved its adoption.
RESOLUTION ZB 13-94
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 1903.1 OF ORDINANCE NO. 11000, THE
ZONING BOARD DENIED THE VARIANCE FROM
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9,
SECTION 908.10.1, GENERAL AND SUPPLEMENTARY
REGULATIONS, DRIVEWAYS AND OFFSTREET PARKING,
TO PERMIT A PROPOSED 20% LANDSCAPE AREA IN
THE FRONT YARD (60% REQUIRED) FOR THE
PROPERTY LOCATED AT 3045 LUCAYA STREET
LEGALLY DESCRIBED AS NORTH 38.32 FEET OF LOTS
15, 16, 17 AND 18, BLOCK 16, OCEAN VIEW
HEIGHTS (2-86) PUBLIC RECORDS OF DADE COUNTY;
ZONED R-1 SINGLE-FAMILY RESIDENTIAL.
Upon being seconded"* by Mr. George Basket
the motion was •passed and adopted by the
following vote:
AYES: Mses. Hernandez and Morales
Messrs. Milian, Sands
and Basket
NAYES: Ms. Basila
Messrs. Crespo and Alonzo -Poch
ABSENT: Mr. Moran-Ribeaux
Ms. Fernandez: Motion carries 5 to 3.
February 28, Item #2
Zoning Board
9
94- 294
ZONING BOARD ACTION-,)" PETITION FOR VARIANCE
MOTION: ove at the re?nest on agenda item be
deni (granted; in that the requirements of
Se on 1903.1 'were) (were not) satisfied by
relevant evidence _n the record of the public
beer1ng.
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
Or 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.
1) 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
not) result from the actions of the petitioner:
1) as stated in the City's findings of fact
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
unnecessary and undue hardships on the
petitioner:
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
94- 294
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 ;y
variance:
CS, PR, R-11 R-2 ......................... $ 200.00
All other residential districts .......... S 350.00
All nonresidential districts ............. S 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 ($650),
except from agencies of the city; such surcharge to
be refunded to the applicant if there is no appeal
from a property owner within three hundred and
seventy-five (375) feet of the subject property.
(City Code - Section 62.61)
8. The variance requested is for relief from the provisions of section• b •'
of the City of Mimi Zoning Ordinance as follows:
9. In suppart of the application, the applicant is prepared to offer the
following evidence, on the point enumerated .at Subsection 1903.1 of the
City of Mimi Zoning Ordinance.
Note: This application cannot be accepted for Zoning Board action unless all of the
following six items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district in that: (list evidence
to be produced and use additional sheets, if necessary.)
C' e;AT2f'
94_ .294
v
(f) The grant of the variange will be in harmony with the general intent and puroose
of the Zoning Ordinance, and will not be injurious to the neighborhood, or other-
oise detrimental to the ouolic «elfare.
c e byv- 'Al .
Note: All documents, reports, studies, exhibits or other written o grap6ic material to
be submitted to the Zoning Board shall be submitted with/thi ap$lic ion.
Signature
Owner or rir Agent
Name l Z aJAut i A)?T- i
Address CL t--� /W�Z>s
STATE OF FLORIDA) L vG A y ��-
SS:
COUNTY OF DADE )
'2=1�r being duly sworn, deposes aNd says tha he is the
(Owner)(Authori=ed Agent of Owner) of the real property described in swer•to uestion Il
above:, that he has read the foregoing answers and that the same true complete;
and (if acting as agent for owner) that he has authority to exAcu a /this petition on
behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this =f- day of
, 199 �f:
U
19y CoMission Expires:
OFF1 9AL
TERESRA L FERNAP, LtFZ
NOTAP.Y PUBUC A ,7COWL ;iDA
M. �.
��
(,A,
Notary Public, State of Florida at La
94- 294 17
f) The grant of the variance will be in harmony with the general intent and Duroose
of the Zoning Ordinance, and will not be injurious to the neighborhood, )r other.
wise detr,mental to the oubl,c melfare.
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.
c
Signature K
Owner er AuthoriAgent
Name
Address 3vLr5 IrUGez
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
12.rNP , being duly sworn, deposes and says that he is the
(Ovnn (Authorized Agent of Owner) of the real property described in answer to question 01
a ve; that he has read the foregoing answers and that the sass are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner.
)<
SWORN TO AND SU6SCIPED
before me this day of
1�iOy E iia�- 199.1.
Notary Public, Sta a of Florid a L e
My Commission Expires:
pr �V OfPIG1AL WTARV "J►L
O,� ¢i oAlM L O SLWWF
a EOM"" Hum" N
VA o CCZ98g14exr.
d: My
'hOE Fvd ju ir, 199T
4—. . 294
—Ilk
•AFFIDAVIT
STATE OF rLORIDA } ^f
) SS
COUNTY OF DADE }
Before eye, the undersigned authority, this day personally appeared
who being by nit 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 Miami, 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 behalf for the change or modifica-
tion of a. classification or regulation of toning 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.
4. The facts as represented in the applicat and documents submitted
T.
in conjunction with this affidavit are'trus and c
Further Affiant sayeth not.
(SEAL)
Sworn to and Subscribed before me I
this Q day of 19�
"ICIAL A `! Sa 9
' TERESITA L FERNAND=
Notary pabl ic, State of Florida at larg NOTARY3 PUBLIC STATE OF ."LORID
COMMISSION NO. CCW"174
MY COMMISSION EXP. sr(. 6,1M
My Commission Expires: � 4 _ 294
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
AFFIDAVIT
a3 :23
Before me, the undersigned authority, this day personally appeared
W'!R'V-mG who being by me first duly sworn, upon oath, deposes
and says: '
I. 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 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 owntn 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 naves, mailing 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 saysth not.
I
(Name
Sworn to and Subscribed before me
this day of 6u%—, 190.
tart' Pablic State of ftejda at Varga
AA�►�. Q►• � t�Q ��
O�I+QY % OFFICIAL UWARy MAL
Z 'w HUMNR
p'� CCZgt:1 •
lcOF `y0d` my ComsooN lIM.
DUNE ao oo>r 9 4
294
OWNER'S LIST
Owner s flame - Lt 6r~ •-A
Mailing Address 4 �1i ((kANI)LIV-4 1 Lc•L 7
Telephone Number �; r�l -� \ t T
Legal Description: WGt� '3 �'Z. r �='f �= t' 4C i �a i �cc►� 1� 1 t�
Owners Name
Mailing Address k t91/Q 5 �• wVl� A i�t . 3� 113 37
Telephone Number
Legal Description:
Owner's Nan
Mailing Address �-•— U h VVLZI(S L
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 Description 21
4_ 294
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
North 38.32 feet of Lots 15, 16, 17 and 18, Block 16, OCEAN VIEW HEIGHTS,
according to the Plat thereof, as recorded in Plat Book 2, Page 86, of
the Public Records of Dade County, Florida.
3045 Lucaya Street, Miami, Florida 33133
2.
3,
owners) 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 corporation, beneficiaries of trusts,'and/or any
other interested parties, together with their addresses and proportionate
interest.
OWNER: ROYALE ESTATES, INC., a Florida corporation, is the 100% owner. Royale
Estates, Inc. is owned 500 by PASCUALE RENZI and 50% by RENZO RENZI.
Legal description and street address of any real property • (a) owned by any
party listed in answer to question #2, and (b) located within 375 feet of the
subject real property.
NONE
.� r,
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA )
COUNTY OF DADE )
RICHARD M. BRENNER, being duly sworn, deposes and says that he is the Attorney for
owner of the real property described in answer to question el above; that he has read
the foregoing answers and that the same are tru and complete; apd (if acting as
attorney for owner) that he has the authority to cute the Disc ure of ownership
form on behalf of the owner.
CHARD M. BRENNER
SWORN TO AND SUBSCRIBED
before me this i4k
day of January, .
MY
COMMISSION EXPIRES:
22
`�,QY PVe OFFICIAL NOTARY SEIIL
SO �� LOU 0 sMOR0110
S COMMISSION NUMBER
CCHM4
MY COMVISSIDW Ex',
CF iL� MAY
rL L
Notary Public,Sipte o°t F orida at Large
, &L) �). f?RaFeA4
94- 294
BRE�TNEH, DIE- STAG Sc D.AGEar, RA,
TELEPHONE (305) 372.8899
KAx (305) 375.0563
BAND DELIVERED
January 20, 1994
SUITE 800
21 SOUTNEAST rIRST AVENUE
MIAM1, FLOPIDA 33131
DADE COUNTY BUILDING & ZONING
Attn: Theresita Fernandez
275 N.W. 2nd Street
2nd Floor
Miami., Florida 33128
Re: Royale Estates, Inc.
Dear Ms Fernandez:
Please be advised that Royale Estates, Inc. is comprised of
7,500 shares of stock.
Royale Estates, Inc., a Florida corporation, is owned 50% by
Pascuale Renzi and 50% by Renzo Renzi.
Pascuale Renzi is Director/President and shareholder of Royale
Estates, Inc. owing 3,750 share ofestock.
Renzo Renzi is Director/vice President and shareholder of Royale
Estates, Inc. owing 3,750 share of stock.
There are no other officers, directors,. owners or shareholders
of Royale Estates, Inc.
Should you have any questions regarding this matter, please let
me know.
Very truly yours,
BRENNE DIE�jSTA & DAGEN, P.A.
Ri and M. Brenner
RMB/lb
royales. race
cc: Royale Estates, Inc. .
23
4_ 294
We, PASQUALE RENZ : and RENZO RENZI, do he -eby certif4► t hat we are
the duly elected avid qualified Presiden•: and vice President
respectively and Directors of ROYALS ESTII?ES, INC.r a Florida
corporation and that a'•. 4 Special Meeting of t,a Board of Directors of
said corporation and held on September �-Vv - ; 993 in accor lance with
the By -Laws thereof at which a quorum w s present end voting
throughout, the follow:.nq resolutions were una:• tmously adapted and are
unaltered and unrodifi id and 'in full fore" anc effect:
RESOLVED, that PA: QUALE RENZI, the preside ;-,t of the ec rF oration be
and hereby is autio:ized and empowered tc execute and deliver in
such form as may b a equi.red all instrumen s that are necessary e3r
may reasonably be r-quired on behalf of t : to Corpo: at is z.
XN WITUSSS wzzREo", I have hereunto affi>:ad my hand as President
and have caused he co:pirate seal of said corporation to ba hereunto
affixed this v day o-" November, •1993.
ROYALE EST;,•' -ES, INC-, a 'lorida
corpo2 &tic c,,
BY: _
=ffN_ZZT,\.X1xCe
I , Pre lent
BY:
Ve T ent
The foregoing inatrumer.t was acknowledged be�c-e me this _jam day
of November, 1993, by P&SQUALE RENZI and REN80 '-E zI, an 1 ie : cent and
Vice President respec:i'rely, of ROYALS EST.:%TES, INC., i Florida
corporation, who is perscaally known to me or w�-o has prod-sc3d Florida
Drier Licqmse as,.dent ij ication and who did (.lid not) ta:ce an Oath.
Print X"s
NOTARY PUBLIC, State Of FLorida
at Large
dar sp or► wara:r
_ N o o err
�l1ms"
sa. d'y OPINION 1XP.
OF no ...SUN! 301!!7
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24
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