HomeMy WebLinkAboutR-93-0690J-93-562(a)
8/16/93
RESOLUTION NO. 4 — C' `�
A RESOLUTION, WITH ATTACHMENT, REVERSING THE
DECISION OF THE ZONING BOARD AND GRANTING THE
VARIANCE FROM 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 ALLOW A FRONT YARD SETBACK OF 2'-0" (20'-
0" REQUIRED) AND A ROOF OVERHANG 1'-0" FROM
THE FRONT PROPERTY LINE (17'-0" MINIMUM
DISTANCE REQUIRED FROM THE LOT LINE)
ACCORDING TO ARTICLE 9, SECTION 908.2, FOR A
PROPOSED ADDITION TO A SINGLE FAMILY
RESIDENCE FOR THE PROPERTY LOCATED AT 2601
SOUTHWEST 23RD AVENUE, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO, ZONED R-1 SINGLE FAMILY
RESIDENTIAL; SAID VARIANCE HAVING A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of July 12,
1993, Item No.2, duly adopted Resolution ZB 72-93 by a six to
three (6-3) vote denying the variance as hereinafter set forth;
and
WHEREAS, the applicant has taken an appeal to the City
Commission from the denial of the variance; and
WHEREAS, the City Commission after careful consideration of
this matter, notwithstanding the decision of the Zoning Board,
finds that there are peculiar circumstances affecting this parcel
of land and that practical difficulties and unnecessary hardships
exist which would impair the owner's right to the reasonable use
of the property without the grant of variance hereinafter set
forth; CITY COMMISSION
w i MEETING OF
ATIAC11 PR E NT M)
CONTAINED
0 C T 2 1 1993
Resolution No.
93- 690
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 Miami Zoning Board in
this matter is reversed and the request for variance from
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 allow a front yard setback of 2'-0" (20'-0" required)
and a roof overhang l'-0" from the front property line (17'-0"
minimum distance required from the lot line) according to
Article 9, Section 908.2, for a proposed addition to a single
family residence for the property located at 2601 Southwest 23rd
Avenue, Miami, Florida, more particularly described on Exhibit
"A", attached hereto and made a part hereof, zoned R-1 Single
Family Residential, said variance having a time limitation of
twelve (12) months in which a building permit must be obtained,
is hereby granted.
-2- 93- GSO
A � �
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 21st
N
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
I &944�t�'
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
_ day of October , 1993.
XAVIER L. SUAREZ, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
.K. Q�I I' 0 S , II
CITY ATT EY
GMM:fps:M3770
-3-
93- 090
LEGAL DESCRIPTION FOR 2601 SOUTHWEST 23 AVENUE, MIAMI, FLORIDA
is as follows:
A PORTION OF LOTS 1, 2 AND THE WEST 25 FEET
OF LOT 3, BLOCK 34, OF SILVER BLUFF ESTATES
SECTION "B" AS RECORDED IN PLAT BOOK 10, PAGE 68
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE
AT THE NE CORNER OF THE WEST 25 FEET OF SAID LOT
3; THENCE RUN SOUTH ALONG THE EAST LINE OF THE
WEST 25 FEET OF SAW LOT 3, A DISTANCE OF 88.88;
THENCE RUN SOUTH 70 06' WEST A DISTANCE OF 60.13
FEET; THENCE RUN SOUTH 890 49' 07" WEST A DISTANCE
OF 60 FEET TO A POINT OF INTERSECTION WITH THE
WEST LINE OF SAID LOT 1; THENCE RUN NORTH ALONG
THE WEST LINE OF SAID LOT 1 A DISTANCE OF 87.61
FEET TO A POINT OF CURVATURE OF A CURVE TO THE
RIGHT, HAVING THE FOLLOWING ELEMENTS, A PDIUS OF
25 FEET, THROUGH A CENTRAL ANGLE OF 89 49' 57"
ALONG THE ARC A DISTANCE OF �9.19 FEET TO A POINT
OF TANGENCY; THENCE NORTH 89 49' 57" EAST ALONG
THE NORTH LINE OF SAID BLOCK 34 FOR A DISTANCE OF
100.07 FEET TO THE POINT OF BEGINNING.
Exhibit "A"
93-- 690
ZONING FACT SHEET
LOCATION/LEGAL 2601 SW 23 Avenue
(Complete legal description on file pith Hearing Boards Office)
APPLICANT/OWNER Jorge Carmenate
2601 SW 23 Avenue
Miami, Florida 33133
285-0404 858-9451
ZONING R-1 Single Family Residential
REQUEST Variance 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 front yard setback of 2'-0"
(20'-0" required) and a roof overhang 1'-O" from the front property line (17'-0"
minimum distance required from the lot line) according to Article 9, Section 908.2,
for a proposed addition to a single family residence.
RECOMMENDATIONS:
PLANNING, BLDG ' ZONING Denial.
PUBLIC WORKS No Comment.
PLAT AND STREET N/A
DADE COUNTY TRA'SPORTATION No Comment.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violati-n(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
CEB Action: N/A
HISTORY Contin ed from ZB 06/21/93, denied on 7/12/93 by Res. ZB 72-93 by a vote of 6-3. Four
propon,nts were present at the Zoning Board Hearing.
ANALYSIS This carport is proposed as an addition to an existing single family residence directly in the
required front setback two feet from the front property line. This carport would be a visual
intrus on in this single family neighborhood. To grant this variance would grant a special
privil-ge to one property owner which has not been granted to other property owners similarly
situated. To grant this variance would establish a precedent which other property owners
simila•-ly situated would be tempted to follow,
ZONING BOARD Denied.
APPELLANT Jorge Carmenate
CITY COMMISSION Cont'd from 9/27/93.
APPLICATION NUMB'R 93- 164
July 12, 1993
93- GDO
ANALYSIS OF PROPOSED VARIANCE
APPLICATION NUMBER 93- 164
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 applica-t 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.
July 12, 1993
2 Page 2
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9�- 630
Mr. Arsenio Milian offered the following Resolution and
moved its adoption.
RESOLUTION ZB 72-93
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 1903.1 OF ORDINANCE 11000, THE ZONING
BOARD DENIED THE VARIANCE 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 FRONT YARD SETBACK OF 2'-0" (201-
0" REQUIRED) AND A ROOF OVERHANG 1'-0" FROM
THE FRONT PROPERTY LINE (17'-0" MINIMUM
DISTANCE REQUIRED FROM THE LOT LINE)
ACCORDING TO ARTICLE 9, SECTION 908.2, FOR A
PROPOSED ADDITION TO A SINGLE FAMILY
RESIDENCE FOR THE PROPERTY LOCATED AT 2601 SW
23 AVENUE LEGALLY DESCRIBED AS SET FORTH IN
EXHIBIT A ATTACHED HERETO; ZONED R-1 SINGLE
FAMILY RESIDENTIAL.
Upon being seconded by Mr. Carlos Gener the motion was
passed and adopted by the following vote:
AYES: Ms. Basila
Milian, Alonso-Poch, Fox, Barket and Gener
NAYES: Moran-Ribeaux, Sands and Luaces
ABSENT: Ms. Elba Morales
Ms. Fernandez: Motion carries 6 to 3.
July 12, 1993 Item #2
Zoning Board
93- 69U 7
PETITION FOR VARIANCE File Number _
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 -
(Section 1901)
I, -Tc(-Gy— Cci(r)1E1)d k 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 2CoC, I -S-, 'Z$ J V e , Miami as specified below.
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), parking, landscaping
etc; building elevations and dimensions and computations of lot area
and building spacing.
3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (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.
5. At least two photographs that show the entire property (land and improve-
ments).
6. Other (Specify)
7. Fee of j to apply toward the cost of processing, based on the
following:
CS, PR, R-1, R-2, (single-family
and duplex residential uses) ............. $ 200.00
Piers, docks, wharves and the
like, for each variance from r-.y '
the ordinance, per lineal foot :..:.:..... j 30.00
Minimum ................................... j 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) ............. j 0.07
Minimum ................................... j 550.00
93- 690
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-1, 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
of the City of Miami Zoning Ordinance as follows:
�,►� c Q
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 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.)
W
93- 690
F7
(b) The special conditions and circumstances do not result from the actions of the
petitioner in that:
NIA
(c) literal interpretation 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:
Nla
(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:
(e) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in tpe;t:
�� - 'tL
10 93- 690
(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.
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.
Signatu
ized Agent
Name C) �'U s - Car V-r-\ Iz- V-) ;�
Address a&o i S 2 a v
STATE OF FLORIDA)
Z63-G3-7iXD -.
COUNTY OF DADE ) SS:
Cd f MCI- Y1a -being duly sworn, deposes and says that he is the
Owner) of the real property described in answer to question #I,
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. _
-30 - a
I
SWORN TO AND SUBSCRIBED
before me this aY day of
�(Yl CGS 19
lotary Public, State of Florida at Large
Ny Commission Expires:
93- 690
AFFIDAVIT
STATE OF FLORIDA }
} SS Z,6;—c.3_ 7Z}ro
COUNTY OF DADE }
I Before me, the undersigned authority, this day personally appeared
i
i1 a k- who being by me first duly sworn, upon oath, deposes
i
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 Miami, as described and listed on the pages
f
attached to this affidavit and made a part thereof.
i
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 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 n _ r
(SEAL)
(N
Sworn to and Subscribed before me
this day of
Notary Public, State of Florida at Large
My Cammi3sion
12
93- 630
OWNER'S LIST
Owner' s Name
�a
Mailing Address Z�� ! s w Z 3 'a ✓`e • M, 6m, r 3 3 t 7 3
Te 1 ephone Number l ��J� Z a S O �L J X �s �J d' Y Ys- /
legal Description; Pa- .�-�O
') its 1� �� ?'4' WCS} F� OF (.�t (3 1,, ,�. ,
•.r pig r 3��✓. a (� b P c �!',� i- c 5 ktr.
Omer' s Nave
Mailing Address
Telephone Number
Legal Oescription:
Omar' s Name
Mai 1 ing Address
Telephone Number
Legal Descriptions
Any other real estate property owned individeklly, jointly, or $everaily (by corporation,
partnership or privately) within 915 feet of the W4ee,t site is listed as follows:
Street Address legal Description
Street Address
Street Address
Legal Oescription
�•I J11
legalV Description
937 Ggo 13
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
'J; Ivc- CSC-✓F;= CS %
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9 �ooef�''ow 0r 4oi s / Z, ¢ vv is r-r e-i r 3 43L✓, 3 x 00 s,'/rc4e 3c.V.411 EfM fe, -\Cc4
&- i+J jfLATao6K ��, (,,? a,e fLcauAe oc 94A. c.,,,4y Ft. %U%t p .sty ,mow EA
2. Owner(s) of subject realproperty and percentage of ownership. Note: City of Miami A
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.
3 4v
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 12, and (b) located within 375 feet of the subject
real property.
N/A
TTORNEY FOR OWNER C
STATE OF FLORIDA } SS: a,,` 3 —G, - 7 L Y®
COUNTY OF DADE }
�+2 CaI'rnC I \ a � (L , being duly sworn, deposes and says that he is the
/07wDer(Attorney for Owner) of the real property described in answer to question #I,
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 form on behalf of the owner.
SWORN TO AND SUBSCRIBEp
before me this S-
�
day of ,�2�1 1S�%�
MY COMMISSION EXPIRES:
14
/ (SEAL)
Notary Public, S1Ja *,-Of Florida at Large
93- 690