HomeMy WebLinkAboutR-93-0753J-93-780(a)
10/28/93
RESOLUTION NO. 9 3- 7 5 3
A RESOLUTION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO DENY THE APPEAL FROM
CLASS I SPECIAL PERMIT APPLICATION NO. 93-0384
APPROVED BY THE ZONING ADMINISTRATOR ON JULY 9, 1993,
FOR THE CONSTRUCTION OF A PROPOSED SWIMMING POOL AT A
SINGLE FAMILY RESIDENCE, PURSUANT TO ARTICLE 9,
SECTION 906.6 "PERMANENT ACTIVE RECREATION FACILITIES
AS ACCESSORY USES IN RESIDENTIAL DISTRICTS, SPECIAL
PERMITS" OF ZONING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
FOR THE PROPERTY LOCATED AT 1851 SOUTHWEST 38 AVENUE,
MIAMI, FLORIDA, ZONED R-1 SINGLE FAMILY RESIDENTIAL.
WHEREAS, the Miami Zoning Board at its meeting of September 20, 1993,
Item No. 10, adopted Resolution ZB 93-93 by a nine to zero (9-0) vote, denying
the appeal which was duly before said Board; and
WHEREAS, the City Commission after careful consideration of this matter,
deems it advisable and in the best interest of the general welfare of the City
of Miami and its inhabitants to deny the herein appeal from the Board's action
and to affirm the decision of the Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMII,
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 Zoning Board's decision to deny the appeal of Class I
Special Permit Application No. 93-0384, approved by the Zoning Administrator
on July 9, 1993, for the construction of a proposed swimming pool at a single
CITY COMNIISSION
MEETING OF
Resolution No.
93- 753
family residence, pursuant to Article 9, Section 906.6 "Permanent Active
Recreation Facilities as Accessory Uses in Residential Districts, Special
Permits" of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, for the property located at 1851 Southwest 38
Avenue, Miami, Florida, zoned R-1 Single Family Residential, is hereby
affirmed and the herein appeal is hereby denied.
Section 3. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 23rd
PREPARED AND APPROVED BY:
4(Q
G7 MIRTAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A.'QUINM M
CITY ATTORN
GMK/fps/M39
day of November 1993.
STE 3EN P . CLARK ,MAYOR
-2-
93- 753
ZONING FACT SHEET
LOCATION LEGAL 1851 SW 36 Avenue PZ= I
APPLICANT/OWNER Olga Campos Aguila Ofelia Tabares-Fernandez, Appellant
1851 SW 36 Avenue. 1861 SW 36 Avenue
Miami, Florida 33145 Miami, Florida 33145
446-2658 444-6087
ZONING R-1 Single Family Residential
REQUEST Appeal of the Class I Special Permit application 93-0384 approved by the Zoning
Administrator on July 9, 1993 for a proposed swimming pool for a single family
residence, per Article 9, Section 906.6 "Permanent active recreation facilities as
accessory uses in residential districts, special permits" of the Zoning Ordinance
No. 11000; zoned R-1 Single Family Residential.
RECOMMENDATIONS:
PLANNING, BLDG 8 ZONING Denial of appeal.
PUBLIC WORKS No Comment.
PLAT AND STREET t_ N/A-
DADE COUNTY TRANSPORTATION No Comment.
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
CEB Action: N/A
HISTORY Appeal was denied by the ZB on 9/20/93 by Res. 93-93 by a vote of 9-0. Two (2) proponents and
three (3) opponents were present at the meeting. Appellant appealed the case before the CC.
ANALYSIS The approval of Class I 93-0384 followed standard procedures which included the review of a
sealed survey and site plan depicting the locations of the disputed fence and swimming pool. No
evidence has been presented by the appellant to show that said pool or fence are in the wrong
place. It is therefore recommended that the Zoning Board deny the requested appeal of the Class
I permit, based on the fact that all required procedures were properly followed and that the
appellant has not produced any evidence that there is an error in the location of the disputed
items.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Denied.
Ofelia Tabares-Fernandez
93- 183
Page 1 September 20, 1993
93- 753
OFELIA TABARES FERNANDEZ
lKl S.W. 36th AVRNU[
MIAMI, FL 33145
REQUEST FOR REVIEW OF THE DECISION OF THE ZONING BOARD
RE: Class I Special Permit No. I-93-0384
The undersigned, Ofelia Tabares Fernandez, legal owner of the property located
at 1861 S.W. 36th Avenue, Miami, Florida 33145, herewith requests to the City
Commission, review of the Zoning Board decision of September 20, 1993, denying
the appeal presented by the undersigned to the decision of the Acting Zoning
Administrator, approving the Class I Special Permit of the reference, requested
by my next door neighbor, Ms. Olga Campos Aguila, for the construction of a swim-
ming pool on her property, located at 1851 S.W. 36th Avenue, Miami, Florida 33145.
This request is filed as per Article 20, Sec 2002.
The basis for the review includes: the location and construction of the fence,
necessary for the construction of the swimming pool, which has encroached my
property and consequently reduced its value; the procedures followed to obtain
the approval of the Class I Special Permit of the reference; and the location of
the swimming pool
This request for review is presented within the 15 calendar days of the decision
of the Zoning Board, and is accompanied by the $400.00 fee established in Sec.
62-62
The legal description of my property is:
Lot 346 of Block 15, of Coral Gate Seciton C
according to the Plat thereof as recorded in Plat 49
at Page 65, of the Public Records of Dade Coubty, Florida.
Miami October 4, 1993.
Ta re andez
Enc. Copy of the Permit of the reference
M
93- 753
'1 `
Mr. Carlos Gener offered the following Resolution and moved its
adoption.
RESOLUTION ZB 93-93
RESOLUTION TO DENY THE APPEAL OF THE CLASS I
SPECIAL PERMIT APPLICATION 93-0384 APPROVED
BY THE ZONING ADMINISTRATOR ON JULY 9, 1993
FOR A PROPOSED SWIMMING POOL FOR A SINGLE
FAMILY RESIDENCE, PER ARTICLE 9, SECTION
906.6 "PERMANENT ACTIVE RECREATION FACILITIES
AS ACCESSORY USES IN RESIDENTIAL DISTRICTS,
SPECIAL PERMITS" OF THE ZONING ORDINANCE NO.
11000, FOR THE PROPERTY LOCATED AT 1851 SW 36
AVENUE, ZONED R-1 SINGLE FAMILY RESIDENTIAL.
Upon being seconded by Mr. George Barket the motion was
passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Moran-Ribeaux, Sands, Luaces,
Gener, Fox, Milian and Barket
NAYES: None
ABSENT: Mr. Alonso-Poch
Mrs. Fernandez: Motion carries 9-0
September 20, 1993 Item #10
Zoning Board
93- 753 5
OFELIA TABARES FERNANOEZ
1441 S.W. 3411h AVIKNUK
MIAMI, Ft- 33146
Tel: 444-601_7 Fax:446-1090
�'PEaI. FROM DECISION OF ZOLING AC�II:�ISTP,ATOR.
RE: Special Pe it No I-93-0384.
The underlined, Ofelia T. Fernandez, legal owner of the property located at
1861 S.t:. 36th. Avenue, `iiami, Florida, file the present appeal to the decision
'of the Zoning administrator of the Class I, Special Permit of the reference,
requested by my next door neighbor, Olga Campos Aguila, for the construction of
a swiming pool, at her property located at 1851 S.W. 36th avenue, Miami, FL.
The basis of the appeal is the location of the 6' fence constructed by them to protec.:
the access to the swiming pool, which has taken away from my property the more
then 5 foot set back, that -is shown in the survey done at the time I bought
this property, which additionally demand for 5' easement.(Please find attachaded
copy of the Survey)
This appeal is presented within the 15 calendar day appeal period before Class I
Permits decisions by Zoning Administrator become final. '
The legal description of my property is:
Lot 346 of Block 15, of Coral Gate,Section C,
according to the Plat thereof as recorded in Plat 49
at Page 65, of the Public Records of Dade Coubty, Florida.
Ofelia T.
Enc. Copy of Permit of the reference.
M,
93- 753 7
APPLICATION FOR CLASS 1 SP8CI1L PERMIT File No. r ILSxv
'PEc'r'13-o.%7atr
.s intended that Class 1 Special Permits be required where
=_;e:ifiel uses or characteristics, of use are of a nature
-e;•:.ring mandatory technical determinations or reviews to
... s:anlish special conditions and safeguards. In general, such
ieterminatior,s and reviews will normally be by agencies or
tff.cers other than the Department of Planning, and may involve
_attera such as design for traffic, parking and loading
facilities, health and environmental considerations, and legal
:e:errinations.
.ne Zoning Administrator shall be responsible for the
administration and processing of applications for Class 1 Special
Permits, and for determinations thereon. Decisions of the Zoning
Administrator regarding Class 1 Special permits shall be affected
and limited by reports received on mandatory referrals as
;r:vided in Section 1402. (Section 1301.2).
OL,& ►r PGU ILA , hereby .apply to the Zoning
. �.%.nistrator of the city of MIAM—i' for approval of a Class 1
Special Permit under the provisions of Article 13 and•1% of the
-t y of Miami Zoning Ordinance.
Zoning District: R —�
Address of Property 1851 S W 3lo AV
mature of Proposed Use the specific)
:er Ordinance 11000, as amended,'Art. 9, Subsect. 906.E and 907.4,
N PAC L out oar swimming pool,
.SASw h an i ter a n t ermanent
ct to tne necessary
Pita etc. ermits. et2C-T"-
W t*l1 Br N 5 q —0 1 I#ZO
.;ate of last Special Event at this locations N/A
attach the following in support or explanation of this
application:
a) Legal description of property and/or survey, and/or
floor plan.
b) Site plan, showing (as required) property boundaries,
existing and proposed structure(s), parking, land-
scaping, screening, etc., with dimensions and computa-
tion of lot area, floor area ratio, lot coverage, etc.
See Section 1304.2.1.(c)•
< c) Fee of $100.00.
d) Affidavit.
e) Notification of adjacent property owners.
f) Police Department Review (Memo).
NJA g) Authorisation if City propert
h) Other (specify) Receipt No. -ap-)Aly
Ord. 11000, as amended, Art. 18#
Subsect. 1801, provides for a
15-calendar-day appeal Signature
,period before Class I Permit owner or lut Nodgen
decisions by Zoning Administrator or Lomas*
becomr�,flna1.
Name L! M POS A-60 IL.04ddress l5iSl$W 6' 4U
City, state, zip M1,41 F=L,• 33145 Phone 1446 7-6-5-8
Form 8-83
Zoning Inspector's Reeommsndations Provision of a fence with a sel:-
latching mechanism; /
CY
9 3_ 7 3
Irv. �sfg
f�n
•.:ng Administrator's Findings:ec
!L-cis.
.-t
Sub3ect to all conditions and limitationi of Z '� n
as amended. if appeased muse tarnish full owr�arrl�ip disc 'our f
1 hereby certify that 1 as land
1 an applying for a Special Class 1 permit and Y will be subject to re-
quirements and limitations of the City of Miami Zoning Ordiaaaes 110000 as
amended.
si •
Before me, the undersigned authority,.autborisad'to adainiatas oadw and
take acknowledpants, personally appear".
OA-0v?AV S AC4l1L4weo, alter being first daly aware up"
oath deposes and says that be Is the applicant for a Special paralt and
that he has mada'and rend the foregoing application and that the statements
t1m rain contained are trw &Va correct
5•.u:7.
becribad to before wo this
:9
!t; Commission Expires
la
�f fY
Page 2 of 2
93- '753
Date:
l
ur. Juan C. Gonzalez
Z-ntng Administrator
275 N.W. 2nd 4treet
�"_ani, FL 33128
Re: Property Located at:
Special Permit No. :
Near Mr. Gonza.ez:
As legal owner of the subject property, I am requestin that A
;,go permit be issued for construction of a � D
on my property prior to the dead ine of the appeal period.
I understand that the appeal period deadline is
19
I furthermore assume all responsibility and hold the City of
Miami "harmless" for issuance of this permit should any appeals
be filed by an aggrieved property owner in the area.
VA
Signat e
The person whose signature appears above affirms that he/she is
the legal owner of the above referenced property.
Sworn to and subser beqq before me this
day of �. C.� 19 �3.
' Notary Puslic
OFFICIALN A 7.
LSTFIER SALUDES
NOTARY PUBLIC STATE OF FLORID
6 , ; COMMISSION NO. CCIS6733
`� :,, • MY COMMLSSION EXP. MAR.1S,1997 -
9.3- 753 ',
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LEGAL DESCRIPTION:
LOCATION SKETCH
scale:
i 0 the PeLiblic
record 1hf ccn c:
item 7`'� rat.
LOT 344 'BLOCK 15 CaF N Gn?-AL_ Gt�TE SV-=G'T"IvrJ C-
4Cc Gor_VlNG TO T4AT_r •pj_4\-r G'S
I N i;, LA-r 'e,Uo K 4c) AT Ea P U L'a L.1 G
E,Ia.tty Hirai
City Clerk
und,.,;Zone lipformation LEGEND:
w•*-:r:1-.; ;. y Cm.1G. CHapj NGZo wCHM%NIifs
C►c�Minuhity 1250��3 R RECORDED DISTANCE BY PLAT
Ndtibl olyo ��+; DISTANCE AS PHYSICALLY HEAS-
-..80f ix # URED IN FIELD
, OgVib ed No\-g, . �C) CALCULATED ANGLE OR DISTANCV
sF�ood Zone >C CBS) CONCRETE BLOCK STRUCTURE
Ndga't:lotsd Elevation, Nliq H.P
.DRILL HOLE
.) IRON PIPE
fJOTE:
PsE4 R1n1GZ Suoww L1Es` entA 426 t?G��P CQ AN SUN+�D Mi^T?1 CIA�� vJl�ta Tt-1 C�, t�F
SvJ 16 t%, -rEl'.R, As 1-w mioL. t4 89 S-1 ` SS" E
NOTE: LEGAL DESCRIPTION SHOWN AS PROVIDED BY CLIENT
W#E HEREBY CERTIFY: THAT THIS "EnvNvaV.YSUR?Vfrr OF THE ABOVE DESCRIBED
PROPERTY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS
RECENTLY SURVEYED AND PLATTED UNDER OUR DIRECTION ALSO THAT THERE ARE NO
VISIBLE ENCROACHMENTS UNLESS SHOWN THEREON. EXAMINATION OF THE ABSTRACT OF
TITLE WILL. HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS IF ANY AFFECTING
THE PROPERTY. LOCATION AND IDENTIFICATION OF UTILITIES ON AND/ Q�R ADJA�ENT TO THE
PROPERTY WERE NOT SECURED AS SUCH INFORMATION WAS NOT REGUESTED. OWNERSHIP
IS SUBJECT TO OPINION OF TITLE. THIS BOUNDARY SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS SET FORTH BY THE FLORIDA STATE BOARD OF LAND SURVEYORS.
NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SWAL AND ORIGINAL SIGNATum
ORDER N 2 DI - rog V 33 !
I FIELD BOOK N 2 ZI (9 m 6-a, - 6A
DATE = to- 11-030
' F'�ANG.ISGO j 601.1ZdLEZ
BY
A D B.MO R 93— 753
EXEC.' ! •E RE
IIONST[11[0 MJkvrm NO 1278 IiTAT[ OP I�UDIIlIfA
tTATE OF M!
,alacayno BISCAYNE ENGINEERING COMPANY, INC,
iEnglneering Consulting Enaneers• • Planners - Surveyors
WAPA ORT LAUDERDALE WEST PALM BEACH
Company, Inc. 529 WEST FLAGLER ST. 6561 SUNSET $TRIP 6615 NORM AVE.
FLORIDA, 33130 SUNRISE, FLORIDA 3333 FLOWA, 33045
FOUNDE0IBM (305) 324-7671 761-8187 (305) 748--1900 (305) 582_2700
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BIR YNE ENGINEERINU COMPANY,- INC..
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"i,"'°�`"° Consulting Engineers • Planners • Surveyors
Comp°nv, Inc.
FOUNDED in$ MIAMI FORT LAUDERDALE COCOA PALM BEACH
BOUNDARY
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this drs+wIng is the property of BISCAYNE ENGINEERING COMPANY, INC. and shall not be used or reproduced In whole or in pert
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