HomeMy WebLinkAboutR-92-0145J-92-61(a)
1/6/92
1 4)
RESOLUTION NO.
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD AND GRANTING THE VARIANCE FROM
SECTION 1903.1 OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A
5' REAR SETBACK (20' REQUIRED) AND A SETBACK
FOR THE OVERHANG OF 2' 6" (3' 0" REQUIRED)
FOR THE PROPOSED TWO STORY ADDITION TO THE
EXISTING SINGLE-FAMILY RESIDENCE FOR THE
PROPERTY LOCATED AT 2952 LOUISE STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), ZONED R-2 TWO FAMILY RESIDENTIAL;
SAID VARIANCE HAVING A TIME LIMITATION OF
TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST
BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
December 9, 1991, Item No. 2, duly adopted Resolution ZB 87-91
by a nine to zero (9-0) vote, granting a variance as hereinafter
set forth; and
WHEREAS, James G. McMaster has taken an appeal to the City
Commission from the grant of the variance; and
WHEREAS, the City Commission after careful consideration
of this matter 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 as hereinafter set forth;
CITY COti' `nSSION
FEB 1 S 1992
RESOLUTIO►; �Jo.
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 affirmed and the request for a variance from Section
1903.1 of Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, Article 4, Section 401, Schedule
of District Regulations, to permit a 5' rear setback (20'
required) and a setback for the overhang of 2' 6" (3' 0"
required) for the proposed two story addition to the existing
single-family residence for the property located at 2952 Louise
Street, Miami, Florida, also described as North 50' of Lot 19
and East 1' of North 50' of Lot 20, CHARLES M. MUNDY'S
SUBDIVISION OF LOT A, as recorded in Plat Book 3 at Page 120 of
the Public Records of Dade County, Florida, Zoned R-2 Two
Family Residential, said variance having a time limitation of
twelve months in which a building permit must be obtained, is
hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption.
- 2 -
PASSED AND ADOPTED this 18th day of/February , 1992.
z
ATTES
MATTY—HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
tMU
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
W-C>c5ol /l'o"l'A`v'-/'-.'--"z
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CITY
ATT EY
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LOCATION/LEGAL
APPLIC4NT/OWNER
ZONING
REQUEST
RECOMMENDATION
PUBLIC WORKS
ZONING BOARD
ZONING FACT SHEET
2952 Louise Street
N 50' of Lot 19 and E 1' of N 50'
of Lot 20
CHARLES M MUNDY'S SUB OF LOT A (3-
120)
William Whitlock
2952 Louise Street
Miami, Florida 33133
Phone 448-2310
R-2 Two Family Residential.
Variance from Ordinance 11000, as
amended, the Zoning Ordinance of
the City of Miami, Article 4,
Section 401, Schedule of District
Regulations, to permit a 5' rear
setback (20' required) and setback
for the overhang of 2' 6" (3' 0"
required) for the proposed two
story addition to the existing
single-family residence on above
site, as per plans on file; Zoned
R-2 Two Family Residential.
DENIAL. There is no hardship
to justify the requested variance.
The construction of a two story
addition with a five feet (5') rear
setback, where twenty feet (20') is
required would be detrimental to
adjacent properties and the
neighborhood.
No Comment.
No Comment.
At its meeting of December 9, 1991, the
Zoning Board adopted Resolution ZB 87-91
by a 9-0 vote, recommending approval of
the above.
One OPPONENT and four PROPONENTS were
present at the meeting.
Three replies AGAINST and seven in FAVOR
were received by mail.
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PETITION FOR VARIANCE
File Number V-83-
A variance is rela=tfon of the terms of the ordinance where such action wim not be
contrary to the public interest and where, owing to conditions peculiar to ow
PMPWV and not the result of actions of the applicant, ltteral enforcement of this
ordinance would result to unnecessary! and undue hardship on the property. As used in
this ordUunce, a vwlanee is authorised. only for height, area, site of stuctui°e,
dimensions of yards avid other open spaces and offstreet oarwng or loaodtng
requirements: (Section 3201)
hereby petition the City of Miami Zoning
Boars ter a variance from the terms at t "Zoning Ordinaries of the City of Miami,•
affecting property located at �`15 Luc SG� Si �z i Miami, 'as
specified below.
In support of this application, the following material is submitted with this applicationu
„A 1. Two copies of a survey of the property prtpared by a State of Florida Registered
Land Surveyor.
2. Four copies oft the site plan showing (as required) property boundaries, existing
Qf any) and proposed stnrelure(s), paridng, landscaping, eta building eleraMans
and dimensions and cmvAatlons of lot area (gross cnd net), building spocing, LUI
ratios, and height envelope.
„ 3. Affidavits disclosing ownership of property covered by applicationi and disclosure
of interest form (Forms 4-83 and 4a83, attach to application%
,C , 4. CertifTed list of owners of read estate within 3751 roWus from the outside
boundaries of property covered by this application. (Form 6-83 and attach to
application.)
, X S. At least two photographs that snow the entire property (land ar►.J improvements).
ui 6. Other (SP+cily).
7. Fee of $��to apply toward the cost of processing, based of the following:
(a) RS, RC-1 (residential uses) $ 200. 00
(b) For penetration of Plane Ill
} by antennas and the like $500.00
(c) All other applications for
each request variance $0.0 7 per sq.ft. of floor area of building(s)
from the ordinance minimum - $550.00
(d) Surcharge equal to applicable fee from W-(c) above, not to exceed $550.00;
to by refunded if there is no appeal. (City Code - Section 62-61)
y
8. The Variance regvested is for relief from the provisiom of Section of
the City of Miami Zoning Ordinance as follows
_ 9. In support of this application, th* applicant is prepared to offer the following
evidence, an the point enumerated at Subsection 3103.1 of the City of Miami
Zoning Ordinance:
Note: 7?ds appiteatton 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 aid which are not applicable to other loads,
strictures, or buildings in the same zoning district In thats Riot evidence to
be produced and use additional sheets, if neeemryj
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EX Tf^/ i tea, 4 'T i T" i
W The special conditions and circumstances do not result from the actions of
the petitioner in that:
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(c) Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights comrnonly enjoyed by other properties in the some
zoning district under the terns of the zoning ordinance and would work
unnecessary and undue hardships on the petitioner in thou
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(d) Granting the variance requested will not canfer on the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, buildingV, or
stnxtures In the some zoning district in that:
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(a) The varlarce, If granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in than
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(f) The grant of the variance will be in harmony with the general intent cr
purpose of the Zoning Ordinance, and will not be injurious to t;
neighborhood, or otherwise detrimental to the public welfare._
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Note: All documents, reports, studies; exhibits or other written or graphic material to b
submitted to the Zoning Board shad be submitted with this application.
Signature _ �'► , r. .- >`:
ner or Autnorizea Agent
Not'r1e William A. Whitlock
Address 2952 Louise Street Miami, Fla._
33133
STATE OF FLORIOA) SS:
COUNTY OF OAOE )
William A. Whitlock being duly sworn, deposes an
says tM FG is the r utharized Agent Of ) of the real property described i
answer to question 01, above that he has read the foregoing answers and that the same or
true and complete; and (if acting as agent for owner) that he has authority to execute th
petition on behalf of the owner.
SWORN TO ANO SUBSCRIBED
be a me hIs _= "i of
-, 7 III.
MY COMMISSION EXPIRESs
,:
(SEAL
erne!
tart' Public, State at lorida at Lorge
Form 1.83
0L9CS4SGFE CP cJR;MRU
I.,- Legal description and streetes address of subject real pr*ertys
ALd MP7-l7 50 f <=�7" (f t Le T 1 c% /) (i ;D /
!)5 t� �//lk i{-C y,e- j
F-FAe ACT k(y le -Al C-�5
fz<Re"CC,e Dd 14 Pi,9r ,$r& 3 NT Ve' ?oC F 7/-? r'vvc Ile e,3
2.. owper(s) of subject real property and percentage of ownershio.c", /D-"J e'
40tes City of Miami ordinance No. 9419 requires disclosure of all partiesC�``�nl
Taving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Comaission.
Accordingly, question t2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their address" and portion ate interest.
ij/71T/-cc /C'C /C/;ecc',1 �ic.%
3. Legal descriptions and street address of any real property (a)
owned by any party listed in answer to questlan w2, and (b) located within '
375 felt of the subject real property.
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his Ppcc,eder/ /,-7 �D/AT /ai5,r .4_5 ff P,19e /2C'
OF- -1-;;e PUb lI C !fie cc-lerlS CF Cvc» T Y
��O.F' / [7f3. !� ax • r ?'j/= L s 5'`. - V
William A. I.'hitlock , being duly 940M, deposes and
says tnaL no is the (vner) (ttorney or owner) of the real property
described in answer to question !1, abovet that he has red the focegoinr3
answers and that the same are true and completer and (if aezissq as attorney
for owner) that he has authority to execute this Disclosure of Ownership
Lose on behalf of the owner.
o (SM)
Mamej
S-43M TO AND SMM
before day of _
Notary FUSS11c, state of
Plorida at Large
MY CalQ.451'M EXPIMs /3/;'y/
to
STATE OF FIORIDA}
—i COUNTY OF DADE }
Before me, the undersigned authority, this day personally
appeared , who being by me first
duly sworn, upon oath, deposes and sayst
i 1. That he is the owner, or the legal representative of
the owner, submitting the accompanying application for a public
M
hearing as required by Ordinance 11000 of the Code of the City of
Miami, Florida, effecting 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 him to act in their
behalf for the change or modification of a classification or
i 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',
1
phone numbers and legal descriptions for the real property 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.
X `,' ' -4 yet ►4;; �1 h' ��)k ( SEAL )
(Name)
{ Sworn to and Subscribed before me
C day ��P 19��
' this yof
Notary Public, State of Florida;at'—Large
My Commission Expires:
s
�-
1--juwer of Atturn eg -
Ciaw All lien Nu 01jene
77mat William A. thitlock
It as made, constituted and appointed, and by these presents does make, constitute and appoint
David E. thitlock
t/uP ,ritcl
lawful attorney for him and in his name, place and stead
to submit an application, prepare all paperwork, make all appearances and do anything
that may otherwise be necessary in connection with applying for a zoning variance for
the premises described as:
The north 50 feet of lot 19
and the east 1 foot of the
north 50 feet of lot 20.
giving and granting unto David E. Whitlock said attonnev full power
and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the
premises as fully, to all intents and purposes, as he might or could do if personally present, with fidl power of
substitution and revocation, hereby ratifying and confirming all that
David E. Whitlock said attorney or
his substitute shall lawfully do or cause to be done by virtue hereof.
3n Offness 304trEnf, I have hereunto set my hand and seal the 1st
day of October , in the year one thousand nine hundred and ninety one
Sealed and delivered in the presence of
r� (L. S. )
William A. Whitlock
Oftftf of Florida
(9IIUMLT Uf Dade
3 Iftnebg (gertifg That oil this daY, before me, an
officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
William A. Whitlock
to me known to be the person described in and who executed the foregoing instrument and he acknowledged before
me that he executed the same.
91twess my hand and official seal in the County and State last foresaid this 1st day
of October , A.D. 19 91
(L S.) I
l �-
Notary Public, Statc of L . J�'.., at Large
My Commission expires
RAMCO FORM 45
------ --- --
Power of Attorney I J
from
William A. Whitlock
David E. Whitlock
Rated October 1, 1991
U
Jv \
DADE COUNTY
DZPARTMANT OF PUBLIC HZAI.IM
)GAMT, rWRIDA
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December 20, 1991
Department of Hearing Boards
Division Chief
275 N.W. 2nd Street
Miami, Florida
Att: Nis. Gloria Fox
Dear Ms. Fox:
Pursuant to Article 20 of Ordinance 11000 1, James G. McMaster, hereby appeal the
decision of the Zoning Board on December 9, 1991 granting the variance through
Resolution 87-91 for the property located at 2952 Louise Street.
The applicant stated to the Zoning Board that he owned the vacant lot adjacent to 2952
Louise Street and planned to leave it vacant. His request for a variance to construct an
addition on to the existing nonconforming structure, situated on a nonconforming lot,
should have been rejected by the Zoning Board of the City of Miami. This is clearly a self
imposed hardship. The applicant could simply utilize the adjoining property that he owns'
and not require any variance.
Please advise me at Box 381, Coconut Grove, Florida 33133.
Thank you,
James G. McMaster
JGM:fff
�? Loui-e Street
/4 A r C A d- A h .1 a M
3 3i g
De-Rr Y�4r'c✓I d gn�►a i��o��S/
it its our Flan to build a two _tor\ addition to our home. in
to do this, it is necessary to obtain a variance to build within.
five feet of the rear of our property.
G•:e ;,::11 be responsible for ,,long s;jre that no ot;fer
impacted by our buildinz.
We look forward to adding to the-L-M,.rovement of Our
Ina-.', you fcr yc-ur aSslst3nce in ttil+s mattc-r.
oR0..S
/(Q
i.ICErely yours,
��T
2952 Louise '7treet
Miami, Florida 33133
Eva R. Todd
2918 Louise Street
Miami, Fla. 33133
Dear Ms. Todd,
It is our plan to build a two story addition to our home. In order
to do this, it is necessary to obtain a variance to build within
five feet of the rear of our property.
We .-ill be responsible for makin5 sure that no other property i=
irpacted by our building.
We look forward to adding to the improvement of our neighbcncc<'-'1.
T-hank you fcr your assistsn:e in this matter.
Sincerely yours,
�c ;::.__1-,:.._
1
j11c,�,�ly.0 P6 .3-l5zC
I �- 7" 0 r L c '- a y I l< ; 4 0, l-
�ab, gat So.., �4 Nabi
I O Lu O c' C S S J C-
L�t S;z� 3`iyy �vc Fecf#;... R
2952 Louise -treet
`14_ami. T lorida 33133
Gino Longobardi
2916 Louise Street
Miami, Fla. 33133
Dear Mr. Longobardi,
It is our plan to build a two store addition to our home. In
to do this, it is necessary to obtain a variance to build within
five feet of the rear of our property.
t e ci I1 be responsible for raking sure that no other prcpec t�
impacted by our building.
l;e look forward to adding to the improvement of our neithbonc�c)C-
Thank you fcr your assistance in this -matter.
Sincerely yours,
i ha*,'e :10 OGjel- L10.._ tc' t.^.c V;-��_c..__
INKS. Fr Ot Icr
Na 6. tat 21 S ?h
7-cW c".S 'e- ssoc-,
Lo t S• it 395 `i StnNrt I -re- t
2952 Louise Street
Miami, Florida 33133
Ricardo Machin & Sergio Dimagg
2928 Louise Street
Miami, Fla. 33133
Dear Mr. Machin & Mr. Dimagg,
It is our plan to build a two story addition to our home. In order
to do this, it is necessary to obtain a variance to build within
five feet of the rear of our property.
We will be responsible for making sure that no other property is
impacted by our building.
We look forward to adding to the improvement of our neighborhood.
Thank you for your assistance in this matter.
Sincerely yours,
David Vhi t lock
I have no objections to the variance which is indicated above.
/r Z (-�17-
rntihJY S Q.B. 30
L of a;;
L_at S1'az 50.COOX190
iraMA W/at Lawson *-UJ ;
T ber,o P. D E J,-I;o
Sokn A waxtn b er,q
°52 L-)ui__
33133
2923 Louise Street
Miami, Fla. 33133
Dear Muriel Harris Royer,
It is our plan to build a two story addition tc oiur home. In crder
to do this, it is necessary to obtain a variance to build within
five feet of the rear of our property.
ie will be .-es nsible for making, sure that no ether
po t'rcyer.y is
ir..pacted by our building.
;.e look forward to adding to the improvement of our ncishbcrhox:.
Thank you for your a_sistance matter.
Sincerely yours,
17
. ha.'c nv objecri.c:'.s to the
Al
L C f S r 2C 7 !c, CCC x Sc
C'Tra IZ0 cc*Z
�,L110,1'11 A, Ifoldeo
3 2, Larry
fe u= YOafr e
LiL y 'L 75 P� f 77 sSYly ,js �... i Li
22 7 i OEM
f �, v
c7�� ILcuiSe _5treet
kliami, Florida 33133
Raymond & Daisy Pagan
2867 W Trade Avenue
Coconut Grove, Fla. 33133
Dear Mr. & Mrs. Pagan,
it is our plan to build a two story addition to our home. in
to do this, it is necessary to obtain a variance to build with::
five feet• of the rear of our property.
Ve ,,-ill be responsible for making sure that no other proper"% :_
:Lmpacted by our building.
t%e look forward to adding to the irprove:ment of our neighborhoa:.
!ail: y cu f cr your assistance in this matter.
S-incerely yours,
i Ina'.E tic) Objections to t w-- inciz..t_-
L: /I
4W-z "F
7h2re CAl
t
11
2952 Louise Street
Miami, Florida 33132
Ronald Sequeiros
2842 West Trade Avenue
Miami, Fla. 33133
Dear Mr. Sequeiros,
It is our plan to build a two store addition to our home. In crder
to do this, it is necessary to obtain a variance to build within
five feet of the rear of our property.
We will be responsible for raking sure that no other property i�
i^pac te�l by our building.
We look forward to adding to the improvement of our neishboncca:.
Thank you for your assistance in this -matter.
incerely yours,
1 have no ocjc:lions to the .t r an � k, .i:� i_ indicarc aa..- .
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:_952 Loui=e Street
'•!iami, Flcrida 33133
Charles L. Ross
2834 W. Trade Avenue
Miami, Fla. 33133
Dear Mr. Ross,
It is our plan to build a two story addition to our home. In ordfr
to do this, it is necessary to obtain a %'-nriance to build within
five feet of the rear of our property.
GVe krill be responsible for making sure that no other property i.
L7,,pacted by our building.
to look forward to adding to the improvement of our neighborhood.
,I,,.�n�; %-cu for your assistance in this matter.
incere!% %-ours,
[10 var1an -t 1. ' ::: __ _,r C�.E�
W !y's Pt3 3-�s
l-C.f �9
L-ot
2. 52 Lcuise 2 trEEt
Florida 33133
2851 W Trade Avenue
Miami, Fla. 33133
Dear Ms. Keller & Ms. Reid,
It is our plan to build a two story addition to our home. In order
to do this, it is necessary to obtain a variance to build within
five feet of the rear of our property.
We ;rill be responsible for making sure that no other property is
impacted by our building.
We look forward to addinz to the improvement of our nei-hborhood.
Thank you rcr your assistance in this smatter.
Sincrereiv yours,
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