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HomeMy WebLinkAboutR-92-0148J-92-62 (a ) 2/18/92 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 ALLOW A 9.89' REAR SETBACK (20' REQUIRED) FOR THE EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 2891 COACOOCHEE STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) (THE "TRACT") IN CONJUNCTION WITH AND AS A CONDITION TO REPLATTING THE TRACT INTO TWO LOTS, SUBJECT TO REMOVING ALL ENCROACHMENTS TO MEET THE REQUIRED 5' SIDE SETBACK AND SUBJECT TO THE REQUIREMENT THAT THE SUM OF $2,000 BE PROFFERED BY APPLICANT TO NED BERNDT, THE ADJACENT PROPERTY OWNER, TO BE USED FOR LANDSCAPING ON NED BERNDT'S PROPERTY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT FOR THE TRACT, AND FURTHER, CLARIFYING THAT THE VARIANCE IS LIMITED TO THE LAND IMMEDIATELY ADJACENT TO THE EXISTING SINGLE FAMILY RESIDENCE, REFERRED TO AS LOT 1 OF TENTATIVE PLAT NO. 1415 KNOWN AS "THE BANYAN", AND DOES NOT EXTEND TO THE REMAINDER OF THE TRACT; ZONED R-1 SINGLE 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 16, 1991, Item No. 2, duly adopted Resolution ZB 91-91 by a six to three (6-3) vote, granting a variance as hereinafter set forth; and CITY C: )!-C«�11SSI0,j IN1L OF FEa i " 15? F;ecoluti.:� IJo. El 71 WHEREAS, Ned Berndt, an adjacent neighbor 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; 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. 1. 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 allow a 9.89' rear setback (20' required) for the existing single family residence located at 2891 Coacoochee Street, Miami, Florida, more particularly described as Lot 17, FIRST AMENDED PLAT SILVER BLUFF, according to the plat thereof, as recorded in Plat Book 1 at Page 158 of the Public Records of Dade County, Florida, (the "Tract") in conjunction with and as a condition to replatting the Tract into - 2- t-) 2. -• 14 8 two lots, subject to removing all encroachments to meet the required 5' side setback and subject to the requirement that the sum of $2,000 be proffered by applicant to Ned Berndt, the adjacent property owner, to be used for landscaping on Ned Berndt's property, prior to the issuance of any building permit for the Tract, and further, clarifying that the variance is limited to the land immediately adjacent to the existing single family residence, referred to as Lot 1 of Tentative Plat No. 1415 known as "The Banyan", and does not extend to the remainder of the Tract; specifically, any additional building on this property shall comply with the then existing zoning requirements of the City of Miami, Zoned R-1 Single 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. PASSED AND ADOPTED this 18th day of ATTEST,.,-7 MATT HIRAI CITY CLERK PREPARED AND APPROVED BY: J A/ r G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY GMM:ra:M2744 - 3 _ , 1992. XAVIER(/ SUAREZ MAYOR APPROVED AS TO FORM AND CORRECTNESS: QUYNN,998, I CITY ATE EY LOCATION/LEGAL 2891 Coacoochee Street Lot 2 Tentative Plat 11415 THE BANYAN APPLICANT/OWNER Lang Baumgarten 2891 Coacoochee Street Coconut Grove, Florida 33133 Phone 856-6100 ZONING R-1 Single Family Residential REQUEST Variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of Oistrict Regulations, to allow a 9.89' rear setback for the existing single family residence in conjunction with repiatting the existing site into 2 lots and subject to removing all encroachments to meet the 5' side setback; Zoned R-1 Single Family Residential. RECOMMENDATION PLANNING, BUILDING AND DES. There is no hardship to justify ZONING DEPARTMENT the requested variance. As the result of the petitioner repiatting this property into 2 lots, the side setback of 9.89' will become a rear setback where 20' are required. The special conditions and circumstances are a direct result from the actions of the petitioner. Granting the variance requested will confer on the petitioner a special privilege that is denied by the Zoning Ordinance to other lands in the same zoning district. The grant of this variance will not be in harmony with the general intent and purpose of the Zoning Ordinance 11000. PUBLIC WORKS No Comments DADE COUNTY TRAFFIC AND TRANSPORTATION No Cocieents ZONING BOARD At its meeting of December 16, 1991, the Zoning Board adopted Resolution ZB 91-91 by a 6-3 vote, recommending approval of the above. One OPPONENT and one PROPONENT were present at the meeting. Five replies AGAINST were received by mail. - r 2 t' T 2 S a t• T fi T ESPANOLA S T. ; FtA �V I1 , 2 + CRYSTAL T • 4 � yi a �o A d• e . L) r Q a Pt P .o• 1 r i • OC'A-T k� �■rasr�ib�i�� g Z . .a ' o 1�1 U y 4 jvj e • a Y �� cc —t . a s1 , s° F 1 1� . fn . Z�, , .,;;, mmffiwvr� ?-Im PETiTiCN FOR VARIANCE File Number V-83 A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public inurest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, literal Woreement of this ordinance would result to unnecessary, and undue hardship on the property. As uud in this ordinance, a variance is authorised- only for heigh4 area, size of strttatt-e, dEmensions of yards arid other open spaces and afstreet a04rtg or loading requtremenm (Secfion 3101) i,Lx4hereby petition the City of Miami Zoning Boara for a vari ce from thw t rms of t e "Zoning Ordytance o he City of Miami," affecting props located /`Si 1-a c %.rL-%-�,,= Miami, as specified below. In support of this application, the following material is submitted with this application: I. 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, ate; building eleva tone and dimensions and computations of lot area (gross cnd net), building spocing, LVi ratios, and height envelope. _ 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Fortes 4-83 and 4e83, attach to application). 4. Certified list of owner of real esiare within 37.7 radius from tha outside _.-.. boundaries of property covered by this application. (Form 6-83 and attach to application.) S. At least two photographs that snow the entire property (land wJ improvements). 6. Other (Specify) - 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 $0.07per sa.ft. of floor area of huilding(s) from the ordinance minimum - $550.00 (d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $550.00; to by refunded if there is no appeal. (City Code - Section 62-61) E] _. 8. The Variance recuested is for relief from the pmvisiortis of Section ` -! of the City of Miami Zoning Ordinance as followx v ✓� �. 9. In support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: 7hLs application cannot be accepted for Zoning Board action unless all of the following sit items are completed. w Special conditions and circumstances exist which are peculiar to the Iced, structure, or building involved and which are not applicable to other lands, structures, or buildings in the some zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) A5 C �-- �u�� � (b) The special conditions and circumstances do not result from the actions of the petitioner in that: _ � 1�c �WL I7 (c) Literal interpretation of the provisions of the zoning ordinance would '-=rive the cppliccnt of rights commonly enjoyed by other properties in the score zoning district under the terms of the zoning ordinance and would wcm unnecessary and undue hardships on the petitioner in that-.,, -� A.'Ji ,UJL- k,• (d) Granting the ariance requested will nat fen on th titioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the some zoning district in than I 4� J (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: ka� t-'4' - - tat t Hi. El M The grant of the variance will be in harmony with the 5enerai intent =c purpose of the Zoning Ordinance. and will not be injurious to the neighborhood, or otherwise d4trimental to the public weifare. { r Note: All docxartents, reports, studies, exhibits or other written or graphic material :o be wbmitted to tht Zoning Board shall be submitted with this application. 1 Sigstiaiure whet ijutnorizea A ent Name ` Addressy C�- STATE OF FLORIDA) SS; - COUNTY OF DADE being duly sworn, depous and says that he is the t 1 uthorized of ) of the real property described in answer to question 01, above thet he has read the foregoing arawers and that the sam are true and complete; and (if acting as agent for owner) that he has outhority to execute this petition an behalf of the owner. orne) SWORN TO AND SU_SG'RIBED before me this _day of i yS/ Notary Public, 5l lortoo at Lcrge MY COMMISSION EXPIRES: NOTARY PUBLIC STATE Or FLORIDA MY CC-WISSION EXP. MAY 8.1995 6CM0E0 ThRU GENERAL IXS. UNO. Form 143 �J VI, MORTGAGE GUARANTEE _3rg Baur-carren _ JJ -7T.- v it Gl�y� r 1 „ a 2665 South Bayshore Dave. Penthouse 2 Coconut Grove. Florida 33133 Tel (305) 859-2447 SKETCH TO ACCOMPANY LEGAL Di Lot 1, The Aorthwesterly 89.90 tent of Lot1'17, FIRST AMENDED PLAT SILVER BLUFF, according to the plat thereof an recorded in Plat Book 1 at Page 158 of the Public Records of Dade County Florida. Lot 2, Lot 17, FIRST AMENDED PLAT SILVER 11UFF, according to the plat thereof as recorded in Plat Book 1 t Page 15$ of the Public Record* of Dade County Florida, lee the Northwesterly 89.90 feet and less the Southeasterly 10.00 fir t thereof. Refer to Schwebke-Shiskin i, Associa es, Inc. File No. AJ-2942-A for sketch to accompany these legal descriptions. SCHWESKE - SM IM & ASSOCIATES, INC. LAND SURYEYORS & ENGINEERS • ARCHITECTS • 16W NW 2nd AVE. • MIAMI. FL 33IN ORQER No /G5/29 . o UNOER MY ssu►1XVISION. DATE /? -?O • /;77% J�/� Vta� �,�j�✓•�/P. TMtS 13 N= A LAND SURVEY' FL& PROF LAND SURVEYCA No ���sl— _ �1 Adook Akk e - _ Wow • •. 1. Legal description and street address of subject real ! l k4- � Z. -Cwner(s). of subject real prooperty and =Itaqeof ership. *tote: City of Miami Ordinance No. 9419 requires disclosure of 1 parties having a financial interest, either direct or indirect, in the subject master of a presentation, request or petition to the City Cm=ission. Accordingly, question tt2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other Lnterested parties, toyetner with their addresses and pYvoartionate interest. �.8"91 Cd 3. Legal descriation and street address of any real property (a) owned by any party listed in answer to questxn #2, and (b) located within 375 feet of the suc lect real propmy. b .; 4e d •0 ery e • being duly sworn, deposies and says that no is a lGwnert orney ror Cw-ner) of the real property described in aninter to question 01, aoml that he has read the foregoing answers and that the. same are true and ccmpletes and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership fo= on oehalf of the owner. i i/ 0 ..JL Sworn to and Subscribed before me // ,oGI is STATE OF FLORIDA) }SS COUNTY OF DADE } Before me, the undersigned autho ity, this day personally appeared C aL ,�.-' n ti, who being by me f irst duly sworn, upon oath, deposes an says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required vy 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 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 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. {Name) i Sworn to and Subscribed before me IfA � / AWL�. . Owner s vane Mailing Address Teleohone Number Legal Description: Owner, s Nan Mailing Address Teleonone Number_ Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 37S' of the subject site is listed as follows: Street Address Street Address Street Address Legal Description Legal Description Legal Description Oonx G. FLETCHER A--Ca,,E- A' _AN 3- 'E 3CA '600 AED =CAD BOLA utAvi, tt XMA 33taa-ea84 -E_EM-CNE 3C51665 '52' rAa 3C5' 595 December 19, 1991 Ms. Gloria Fox Clerk of the Board Hearing Board's Division UiiIC2 vi City of Miami 275 N.W. 2nd Street Miami, FL 33128 Re: Baumgarten variance Dear Ms. Fox: This letter is an appeal by Mr. Ned Berndt of the action of the City of Miami Zoning Board granting a variance to Mr. Lang Baumgarten, 2891 Coacoochee Street, Coconut Grove, Florida 33133. The variance was granted by the City of Miami Zoning Board on Monday, December 16, 1991. A copy of the zoning fact sheet thereon is attached. Mr. Berndt, the appellant, owns and resides at 1779 Tigertail Avenue, Coconut Grove, F1, 33133. Mr. Berndt appeared at the Zoning Board and protested the granting of the variance. Notwithstanding his protest the variance was granted. Mr. Berndt would point out in his appeal that there is no hardship that justified the requested variance. It is as the result of the petitioner's replatting his property into two lots that the rear setback will be violated. This is a direct result of the action of the petitioner. The grant of the variance will confer on the petitioner a special privilege that is denied by the zoning ordinance to other lands in the same zoning district. The variance will not be in harmony with the general intent and purpose of the zoning ordinance. For the foregoing reasons it is respectfully that the decision of the Zoning Board of the City be reversed. It would very much be appreciated if have this matter set before the City Commission purpose of reversal. 1-1 JGF/wm CC: Ned Berndt r.ana Rai mQart.Pn requested of Miami you would for the ..IN') 4P COCONUT GROVE CI`'IC CLUB COST OcF'0E BOX 381 VO(-ONUT GROVE. FLORIDA 33133 305 445•4559 December 5, 1991 Mr. Lang Baumgarten 2665 S. Bayshore Dr. Penthouse II Miami, Florida 33133 Fax: 854-7259 Dear Lang, rCfl(v`t` 5 l M t Z Thanks for your letter of November 20, 1991, and follow up phone call. As I told you on the phone the Civic Club will not oppose your variance. However, we would require a deed restriction protecting the coral rock wall that wraps around the entire property. This deed restriction should take into account the City of Miami's requirements for both right of way dedication and the vision clearance for the entrances to both lots. Further we would require a deed restriction protecting both the Banyon Tree on Coacoochee Street and the Oak Tree on Tigertail from being cut down. If you have any further questions or comments please contact me. cc: Mr. Sergio Rodriquez Members of the Zoning Board ry Sincerely, Mary C. Weber President THE , ONUT GROVE HOMEOWNF^S ENANTS ASSOCIATION _ P.O. BOX 881 COCONUT GROVE, FL 33233-0881 PHONE (305) 446-5827 Mcs l�JDZ➢z M0-D0()AlJ I`�IS Gr c�l L aD ��Sl��l'�S 3349 Elizabeth Street Miami, Florida 33133 January 8, 1992 City of Miami Planning and Zoning Boards Administrative Department P. O. Box 330708 Miami, Florida 33233-0708 From: Mrs. Eunice R. McGahee, owner of real estate within 375' of site. Subject: Change of zoning classification from Residential R-1 Single Family Residential to R-1 Single Family Residential with an Sd-12 Special Buffer Overlay District. Dear Planning and Zoning Board Members: I oppose a change of zoning ( surface parking lot) an R-1 Single Family Residential Area, with an SD-12 Special Buffer Overlay District. * I want R-1 (single family zoning) to remain on on Florida Avenue. *The proximity to commercial (parking lot) property will hurt and decrease the value of our property. Our property will be down -graded. No one will buy a home next to a surface parking lot. We would be losers and would be damaged financially. Commercially zoned property will create excessive nuisances that will damage our health and property. Based on information furnished by the Enviromental Protection Agency and Metro Pollution Office in Miami, cars are responsible for 98% of air pollution. Carbon Monoxide and other poisonous gases that come from auto- mobiles create nerve problems, chronic asthma, and builds P-� up stress and and strain which leads to high blood pressure. High levels of crime, murders, drugs robberies, etc., makes parking lots dangerous and unsafe to live near. I pray that you will deny the change of zoning. Respectfully, (Mrs.) Eunice R. McGahee 3370 Florida Avenue Miami, Florida 33133 January 8, 1992 Dear Planning and Zoning Board Members: I write to oppose a change of zoning for Florida Avenue, between Margaret Street and 32nd Avenue. I believe that the noise that cannot be controlled would make it impossible for anyone to live in this block. I prefer to keep it a residential zoned block. Profit should not be allowed for one group to destroy the neighborhood with crime, strange dangerous people harrassment and aggravation for others. I sincerely hope that you will deny the zoning and end this awful nightmare for the property owners in this block and near this block. Sincerely, Rosevelt Jordan Uf i' i 3380 Florida Avenue Miami, Florida 33133 January 7, 1992 Re: Proposed Rezoning of Florida Avenue for SD-12 Overlay District To whom it may concern: We are writing to oppose the change of zoning of Florida Avenue between Margaret Street and S. W. 32nd Avenue. Rezoning the block will destroy the residential block and deny the property owners who live there, their right to live in peace in a residential neighborhood. Rezoning will create living conditions that will affect the health and welfare of those who will have to live here. It will be very unfair to us as home -owners to have this parking lot imposed upon us without choice, excessive traffic problems, unsafe streets and all kinds of undesi- rable elements. We think that it is unnecessary for a zoning chaange, since there is plenty of commercially zoned land in the Coconut Grove area that needs to be developed. Granting a change of zoning to the developers will be breaking the City of Miami Comprehensive Neighborhood Plans for Florida Avenue. 7"VtuL.- W.rl � A. Allen & family i 3540 Florida Avenue Miami, Florida 33133 January 7, 1992 Dear Planning and Zoning Board Members: Because of the excessive damages and nuisances that commercial property creates, I oppose rezoning Florida Avenue between Margaret Street and S. W. 32 Avenue(Rainbow) Plaza. A change of zoning would ruin the atmosphere of this block and the prozimity to commercial property will cause home -owners pro- perty on Florida Avenue to be down -graded. The market value will zero because no one will buy a home adjacent to a parking lot. The home -owners will be put into a financial binding posotioh. We want homes on Florida Avenue --both sides of the street, please. Sincerely, (Mr.) Melvin R. Jackson 3240 Florida Avenue Miami, Florida 33133 January 7, 1992 Planning and Zoning Board P. 0. Box 330708 M*a®i, Florida 33233-0708 Dear Planning and Zoning Board Members: I am writing to oppose a change of zoning for Florida Avenue between Margaret Street and S. W. 32nd Avenue. When my neighbors and I purchased property in this block, it was with the understanding that the City of Miami Comprehensive Neighborhood Plan specified that this block was zoned exclusively for residential purposes(houses on both sides of Florida Avenue). SD-12 will create a dangerous hazard for those of us Who live here. Our homes will depreciate in value and the block will become an undesirable place in which to live. There is one more important thing to consider. A parking lot is going to overcrowd the neighborhood. Would you offer no objection if someone proposed to build a park- ing lot in your neighborhood, or next to your property? Yours truly, f J,'t Z-_ Frieda Robi son a�/ 3361 Florida avenue Miami, Florida 33133 January i, 1992 TO: The Planning and Zoning Board Members: We strongly oppose a change of zoning on Florida avenue between 32 Avenue and Margaret Street. The proposed change will constitute a grant of special privilege to developers contrasted with the home -owners welfare in the block The change of zoning, according to law, will allow other developers to request rezoning to adjacent properties. Black people in Coconut Grove have a serious housing shortage and are in dire need of places to live. We want homes on Florida Avenue with plenty of greenry, palma and flowering plants. Sincerely, a�- 3351 Hibiscus Street Miami, Florida 33133 January 7, 1992 Dear Planning and Zoning Board Members: We worked long and hard to establish zoning in the Coconut Grove area. We strongly oppose the changing of zoning between 32nd Ave., and Margaret Street. This would set up a predendent that would surely lead to further encroachment upon our residential area. Sincerbly, .' i L uise Davis 3443 Frow Avenue Miami, Florida 33133 January 8, 1992 To the Planning and Zoning Board Members: This letter is written in protest of changing Florida Avenue( 3200 block) from R-1 single family residential to R-1 single family residential with an SD-12 special buffer overlay district. To make changes for the sake of economic gain is not always best for the community's stability. We are sure that you will keep the area residential and that human welfare will be Y9vt first priority rather than economic gain. 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RESOLUTION ZB 46-87 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3101.1 OF ORDINANCE 9500, AS AMENDED, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE 9500, AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS-1; RS-2 ONE FAMILY DETACHED RESIDENTIAL, MINIMUM OPEN SPACE REQUIREMENTS, TO ALLOW CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE LOCATED AT 3560 MAIN HIGHWAY ALSO DESCRIBED AS PORTION OF LOTS 2, 3, 4 AND (CLOSED) UNNAMED STREET, ROBERTS SUB OF FROW HOMESTEAD (A-21) P.R.D.C., AS PER PLANS ON FILE, WITH 0.0' FRONT YARD (10' REQUIRED); ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL. THIS VARIANCE HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. Osvaldo Moran-Ribeaux, the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Gort, Moran-Ribeaux, Sands, Romero, Milian, Luaces and Barket NAYES: None ABSENT: None Ms. Fox: Motion carries 9 to 0. c�. I�1t J file PUj)jiC April 6 1987, Item # 6 Zoning toard ...4m, to # 0 3. Approximately 45-65 SE 2 Street Lots 16, 17 and the W1/2 of 18 Block 125N MIAMI (B-41) P.R.D.C. Special Exception as listed in Ordinance 9500, as amended, the Zoning O Ordinance of the City of Miami, Schedule of District Regulations, page 5 of 6, CBD-1 Central Business District, to allow an independent surface parking lot (Allright Parking) on above site, as per plan on file; zoned CBD-1 Central Business District. NOTE: This item was deferred from the meeting of September 22, 1986 at the request of the applicant and continued from the meeting of March 16, 1987 4. 3194 Commodore Plaza Portions of Lots 1 and 2, with Common Area on portions of Lots 2 and 3 Block 1 \ Q IRVING J. THOMAS CO. SUB. (18-25) P.R.D.C. Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 15, Section 1528 and Article 20, Section 2011.1.1 to allow a second -story addition to the existing commercial building, providing 0 of 3 required off-street parking spaces on above site, as per plans on file; zoned SPI-2 Coconut Grove Central Commercial District. 5. 815 NW 37 Avenue N 60' of S 350' of Lot 6 less W 20' TROPICAL TRADES CO. STATION A (4-6) P.R.D.C. Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami from RG-2/5 General Residential to CR-2/7 Commercial Residential (Community). 6. 3560 Main Highway Portion of Lots 2, 3, 4 and O(closed) unnamed Street ROBERTS SUB OF FROW HOMESTEAD (A-21) P.R.D.C. (Complete legal description on file with the Hearing Boards Division) Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 1 of 6, RS-1; RS-2 One Family Detached Residential, Minimum Open Space Requirements, to allow construction of a single-family residence on above site, as per plans on file, with 0.0' front yard (10' required); zoned RS-2/2 One Family Detached Residential. Submitted it:to (� "AM.. ., r� 3. Approximately 45-65 SE 2 Street L� Lots 16, 17 and the W1/2 of 18 Block 125N MIAMI (B-41) P.R.D.C. v Special Exception as listed in Ordinance 9500, as amended, the zoning �►1,�.`.�'t''_ Ordinance of the City of Miami, Schedule of District Regulations, page 5 ' ,��\;_ of 6, CBD-1 Central Business District, to allow an independent surface to �'' parking lot (Allright Parking) on above site, as per plan on file; zoned `\�•�;,, CBD-1 Central Business District. ,! 1 NOTE: This item was deferred from the meeting of September 22, 1986 at the request of the applicant and continued from the meeting of March 16, 1987 4. 3194 Commodore Plaza -P� Portions of Lots 1 and 2, with Common Area / on portions of Lots 2 and 3 Block 1 IRVING J. THOMAS CO. SUB. (18-25) P.R.D.C. Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 15, Section 1528 and Article 20, Section 2011.1.1 to allow a second -story addition to the existing commercial building, providing 0 of 3 required off-street parking spaces on above site, as per plans on file; zoned SPI-2 Coconut Grove Central Commercial District. 75. 815 NW 37 Avenue N 60' of S 350' of Lot 6 less W 20' TROPICAL TRADES CO. STATION A (4-6) P.R.D.C. Change of Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami — from RG-2/5 General Residential to CR-2/7 Commercial Residential (Community). 6. 3560 Main Highway Portion of Lots 2, 3, 4 and (closed) unnamed Street ROBERTS SUB OF FROW HOMESTEAD (A-21) P.R.D.C. (Complete legal description on file with the Hearing Boards Division) Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 1 of 6, RS-1; RS-2 One Family Detached Residential, Minimum Open Space Requirements, to allow construction of a single-family residence on above site, as per plans on file, with 0.0' front yard (10' required); zoned RS-2/2 One Family Detached Residential. Submitted into ti:e public record in coz.nection vvilill item P 2 - J on I Lij' Ci,y Clerk 3/17/87 Page 2 of 3 April 6, 1987 Zoning Board Agenda Mr. Reinaldo Mayor offered the following Resolution and moved its adoption. RESOLUTION ZB 65-87 RESOLUTION TO GRANT A TWELVE MONTH EXTENSION OF TIME IN WHICH A BUILDING PERMIT MUST BE OBTAINED FOR THE VARIANCE GRANTED BY THE ZONING BOARD ON MAY 19, 1986 (RESOLUTION ZB 52-86) WITH A TIME LIMITATION OF TWELVE (12 ) MONTHS TO OBTAIN A BUILDING PERMIT, TO PERMIT AN ADDITION TO THE EXISTING SINGLE FAMILY RESIDENCE ON ABOVE SITE, AS PER PLANS ON FILE, WITH A PROPOSED 3' 8" NORTHWESTERLY SIDE YARD (5' REQUIRED) ; A PROPOSED 2' 7" REAR YARD (10' REQUIRED) ; AND PROPOSED 7' LIGHT PLANE PENETRATION ON THE NORTHWESTERLY SIDE AND THE REAR YARD OF 7' (NO LIGHT PLANE PENETRATION ALLOWED); ZONED RS-1 /1 ONE -FAMILY DETACHED RESIDENTIAL. Upon being seconded by Mrs. Elba Morales, the motion was passed and adopted by the following vote: AYES: Ms. Morales Messrs. Gort, Luac es , Mayor, NAYES: None Moran-Ribeaux, Sands, Barket ABSENT: Ms. Bas i la Messrs. Romero and Milian Ms. Fox: Motion carries 7 to 0. 1 record in 't itc�n PZ - cif.y clo "ls May 18, 1987, I t em # 4 a' Zoning Board Kok C" 3. Approximately 4651-99 NW 3 Street Approximately venue and Approximately - reet Lots 501 and 503 less S 25' and Lot 502 FLAGLER GROVE ESTATES EXT NO. 2 (9-163) P.R.D.C. Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article .3, Section 316, to allow the extension of regulations not to exceed fifty feet (50') where zoning district boundaries divide a lot of record at the time the boundary was established, and without authorizing the extension of any land use intensity sector boundaries; Lots 502 and 503 zoned RG-2/4 General Residential and Lot 501 zoned RG-1/3 General Residential (One and Two Family). NOTE: This item was continued from the meeting of May 4, 1987. PUBLIC MEETING 4. 3462 N. Moorings Way �] Lot 5 Block "D" L �1 e THE MOORINGS REV PLAT (31-52) P.R.D.C. ��` i ;�, , Extension of time request for the Variance granted by the Zoning Board on May 19, 1986 (Resolution ZB 52-86) with a time limitation of twelve (12) months to obtain a building permit, to permit an addition to the existing single family residence on above site, as per plans on file, !.;•: - with a proposed 3' 8" northwesterly side yard (5' required); a proposed 2 7��rear yard (10 required); and proposed 7 light plane penetration on the northwesterly side and the rear yard of 7' (no light plane penetration allowed); zoned RS-1/1 One -Family Detached Residential. 5. 2293 SW 17th Avenue Lot 5 —�`� Block 2 WOODSIDE (5-28) P.R.D.C. Extension of time request for the Special Exception granted by the . t Zoning Board on May 5, 1986 (Resolution ZB 43-86) with a time .limitation of twelve (12) months to obtain a building permit, to permit a proposed 25% (566 sq. ft.) increase in floor area (25% allowed) to the existing nonconforming use (El Milagro Supermarket) on above site, as per plans A on on file, subject to landscape plan approval by the Planning Department, an 8 wall alongside the east and south lot lines, parking spaces to face north, if feasible, and a covenant being recorded prohibiting the / 1 use of the side window as a coffee or snack bar opening; zoned RG-1/3 — v General Residential (One and Two -Family). NOTE: This is a companion item to item # 6. Submitted ilito ti'_0 l�!ic record in co;.1.-cii%,.. t. 1 item � 2 " � 3 on cfly Clerk Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 12-88 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3101.1 OF ORDINANCE 9500, AS AMENDED, THE ZONING BOARD GRANTED THE VARIANCE AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS-1; RS-2 ONE FAMILY DETACHED RESIDENTIAL, PRINCIPAL USES AND STRUCTURES, TO PERMIT A SETBACK FROM SOUTH BAYSHORE DRIVE OF 8' FOR POOL EQUIPMENT (20' SETBACK REQUIRED); AND A CHAIN LINK FENCE FOR THE TENNIS COURT 10.0' IN HEIGHT (8' MAXIMUM HEIGHT ALLOWED) FOR PROPERTY LOCATED AT APPROXIMATELY 2100 SOUTH BAYSHORE DRIVE ALSO DESCRIBED AS THE PART OF LOT 20 OF JOHN T. PEACOCK ESTATE (2-12) LYING SOUTHEASTERLY OF SOUTH BAYSHORE DRIVE, AND ALL THAT PART OF LOT 11 OF BLOCK A OF BISCAYNE PARK TERRACE SUBDIVISION (2-36), LYING SOUTH AND EAST OF COCONUT GROVE DRIVE AND EXTENDING FROM SAID COCONUT GROVE DRIVE SOUTH 349 EAST AS SHOWN BY SAID PLAT TO BISCAYNE BAY, ALSO THAT PARCEL OF LAND FORMERLY USED AS A CANAL, LYING IMMEDIATELY SOUTH AND WEST OF THE PARK LOT WHICH IS SOUTHEAST OF AND FACING LOT 11 IN BLOCK A, SAID PARCEL OR TRACT OF LAND FACING ON THE SOUTHEASTERLY SIDE OF COCONUT GROVE DRIVE 25 FEET, MORE OR LESS, IN WIDTH AND EXTENDING FROM COCONUT GROVE DRIVE TO BISCAYNE BAY (2-36); AND THE NORTHERLY 759.40 FEET OF TRACT B, BLOCK 2, ROCKERMAN HEIGHTS (53-27), (SAID TRACT B BEING A STRIP OF LAND TWO FEET IN WIDTH RUNNING PARALLEL WITH AND ADJACENT TO THE NORTHERLY RIGHT OF WAY LINE OF ROCKERMAN ROAD AS THE SAME APPEARS ON THE AFOREMENTIONED PLAT). BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLY CORNER OF TRACT B, BLOCK 2, ROCKERMAN HEIGHTS (53-27) , THENCE S. 3400, 00" E. ALONG THE WESTERLY LINE OF SAID TRACT B FOR 759.35 FT.; THENCE N. 56, 00' 00" E FOR 2.00 FT.; THENCE S 34" 00' 00" E ALONG THE EASTERLY LINE OF SAID PLAT OF ROCKERMAN HEIGHTS, BEING ALSO THE SOUTHERLY PROJECTION OF THE WESTERLY LINE OF LOT 20, JOHN T. PEACOCK ESTATE ( 2-12), FOR 223 FT. MORE OR LESS TO THE MEAN HIGH WATER LINE OF BISCAYNE BAY; THENCE EASTERLY, ALONG SAID MEAN HIGH WATER LINE FOR 227 FT. MORE OR LESS, TO THE SOUTHERLY PROJECTION OF THE WESTERLY LINE OF L'HERMITAGE (111-22); THENCE N. 33° 58112" W., ALONG THE WESTERLY LINE OF SAID PLAT OF L'HERMITAGE, BEING ALSO OF THE EASTERLY LINE OF LOT 11, BLOCK A AND IT'S SOUTHERLY PROJECTION, BISCAYNE PARK SUBDIVISION (2-36) FOR 962 FEET MORE OR LESS Subrn i i io i _- tc) t_2 record ire itcrn_ --- ,r cite clerk February 1, 1988, Item # 2 Zoning Board .t ' t it r, r TO THE SOUTHERLY RIGHT OF WAY LINE OF SOUTH BAYSHORE DRIVE; THENCE S 55" 59' 38" W, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SOUTH 1; BAYSHORE DRIVE FOR 125.00 FT. TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1875.67 FT. AND A CENTRAL ANGLE OF 03" 07' 04" FOR AN ARC DISTANCE OF 102.07 FT. TO THE POINT OF BEGINNING, AS PER PLANS ON FILE; ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL. THIS VARIANCE REQUEST IS FILED IN CONJUNCTION WITH A SPECIAL EXCEPTION PETITION TO ALLOW RECREATIONAL FACILITIES IN AN RS-2 ZONING DISTRICT AND HAS jj A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mrs. Gloria Basila, the motion was passed and adopted by the following vote: AYES: Ms. Morales, Basila and Skubish Messrs. Luaces, Barket, Sands Dunn, Mayor and Alonso-Poch NAYES: None ABSENT: Messr. Moran-Ribeaux Ms. Fox: Motion carries 9 to 0. Subinitteci 1P_t0 tjle j',i111j1C reccicl in ccr_�l��ctivri ��vitjl �t t� - 1- j February 1, 1988, h6 '4 2 , i .J M I A M I ZONING BOARD AGENDA TIME: 7:00 PM Monday, February 1, 1988 CITY HALL, 3500 PAN AMERICAN DRIVE, DINNER KEY, MIAMI, FLORIDA CITY ORDINANCE NO. 10087, AS AMENDED, ADOPTED MARCH 18, 1986 GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. (PHONE 579-6065) a) Invocation b) Pledge of Allegiance c) Roll Call 1. Approximately 2100 South Bayshore Drive (Complete legal description on file in the Hearing Boards Office) Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City ofMiami, Schedule of District Regulations, Page 1 of 6, RS- 1; RS-2, One Family Detached Residential, Principal Uses and Structures, to permit recreational facilities in a RS-2 zone for the exclusive use of the Bayshore Villas development, on above site, as per plans on file; zoned RS-2/2 One Family Detached- Residential. This Special Exception application is filed in conjunction with a request for variances on fence height and setback requirements. NOTE: This item is a companion item to item # 2. 2. Approximately 2100 South Bayshore Drive (� (Complete legal description on file in the Hearing Boards Office) Variance from Ordinance 9500, as amended, the Zoning �. Ordinance of the City of Miami, Schedule of District UkA �-- Regulations, Page 1 of 6, RS-1; RS-2, One -Family Detached Residential, to permit a setback from South Bayshore Drive of 8' for pool equipment (20' setback required); and a chain link fence for the tennis court 10.0' in height (8' maximum height allowed); zoned RS-2/2 One Family Detached Residential. This Variance request is filed in conjunction with a Special Exception petition to allow recreational facilities in an RS-2 Zoning District. NOTE: This is a companion item to item # 1. Submittc-d ii_tc th,_ rJubhC; record iz cor_.. item P7 -cJ n Cirri February 1, 1988 PaR! J of ? i .e r 'W^x t' Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 34-88 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3101.1 OF ORDINANCE 9500, AS AMENDED, THE ZONING BOARD GRANTED A VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS-1; RS-2 ONE FAMILY DETACHED RESIDENTIAL, MINIMUM OPEN SPACE REQUIREMENT AND MAXIMUM HEIGHT, TO ALLOW A TWO-STORY ADDITION TO THE EXISTING SINGLE-FAMILY RESIDENCE FOR PROPERTY LOCATED AT 2551 TIGERTAIL AVENUE ALSO DESCRIBED AS LOT 8, BLOCK 30, SAMUEL RHODES AMENDED PLAT OF NEW BISCAYNE (B-16) P.R.D.C., AS PER PLANS ON FILE, WITH AN EASTERLY SIDE YARD OF 4'2" (5.0' REQUIRED) AND A HEIGHT OF 29' (25' MAXIMUM HEIGHT ALLOWED); ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL. THIS VARIANCE APPLICATION HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Ms. Gloria Basila, the motion was passed and adopted by the following vote: AYES: Ms. Morales and Basila Messrs. Sands, Barket and Dunn NAYES: Ms. Skubish and Messr. Alonso-Poch ABSENT: Moran, Mayor and Luaces Ms. Fox: Motion carries 5 to 2. �'Ubr_rliitcc� illi0 flie pli'DliC recce i_1 Ci:ililecC'10i2 �� item .— � ( u I�;'c:�►y Hirai City Clerk March 21, 1988, Item #8 Zoning Board i M I A M I ZONING BOARD AGENDA 6. Approximately 3400-3500 Pan American Drive Dinner Key Marina (Legal Description on file with the Hearing Boards Office) - Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2024, Subsection 2024.11, to permit the reconstruction of docks and piers extending more than 600' into Biscayne Bay, on above site, as per plans on file; zoned PR Parks and Recreation. This Special Exception request is filed in conjunction with a Special Exception petition for renovation and expansion of the existing marina facility. NOTE: This is a companion item to item � 5. 7. That portion of NE 2 Court lvina within the block bounded by NE 12 Street, NE 2 Avenue, NE 13 Street and Biscayne Boulevard Tract A - Tentative Plat*"1115D - "PAPPAS SUBDIVISION" Official Vacation and Closure of that portion of NE 2nd Court lying within the block bounded by NE 12th _ Street, NE 2nd Avenue, NE 13th Street and Biscayne Boulevard, as a condition of approval of Tentative Pl of 4115D - "PAPPAS SUBDIVISION". 8. 2551 Tigertail Avenue Lot 8 Block 30 SAMUEL RHODES AMENDED PLAT OF NEW BISCAYNE (B-16) P.R.D.C. Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, Page 1 of 6, RS-1; RS-2 One Family Detached Residential, Minimum Open Space Requirement and Maximum Height, to allow a two-story addition to the existing single-family residence, on above site, as per plans on file, with an easterly side yard of 4' 2" (5.0' required) and a height of :5< 8" (25' maximum height allowed); zoned RS-2/2 One Family Detached Residential. 2 -e record Ili c-on'_ item 1.7-1D � ,_v © 0- 0 C'iiy Clerk r• . t:; .-. J-90-1046(a) 1/24/91 RESOLUTION NO. A RESOLUTION AFFIRMING THE Dr:CISION OF THE ZONING 130ARD AND GRANTING THE VARTANCE FROM ORDINANCE NO. 11000, AS AMF,NDPI), 'Tilt; ZONING ORDINANCE:; OF TUE CITY OF MTAMI, FLORIDA, ARTICLE: 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE; FAMILY RESIDENTIAL AND ARTICLE 9, SECTION 906, SUSSF,CTION 906.4, TO ALLOW THE CONSTRUCTION OF A CARPORT IN FRONT OF THE, PRINCIPAL STRUCTURE. AND WHICH IS PROVIDING A 3.5' FRONT YARD (20' REQUIRED) FOR THE PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD-18 OVERLAY DISTRICT, LOCATED AT 1917 TIGERTATL AVENUE, MIAMI, F[,ORIDA, ALSO DESCRIBED AS LOT 9, BLOCK B, BISCAYNE PARK TERRACE, AS RECORDED IN PLAT BOOK 2 AT PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE; SUBJECT TO THE CONDITION THAT THE CARPORT SHALL NOT BE VISIBLE, FROM TIGERTAIL AVENUE AND SHALL, NOT BE USED FOR ANY OTHER PURPOSES) AND FURTHER SUBJECT TO THE CONDITION THAT APPLICANT SHALL NOT ENGAGE IN ANY LITIGATION OR PROCEEDINGS AGAINST THE CITY OF MIAMI IN THE CITY'S EFFORT TO ENFORCE THK TERMS OF THIS VARIANCEI SAID VARIANCE HAVING A TIME LIMITA'rioN OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of November 19, 1990, Item NO. 5, duly adopted Resolution ZB 108--90 by a six to two (6-2) vote granting a variance as hereinafter set fortht and WHEREAS, the Coconut Grove Civic Club hau 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 pr.nctical difficulties and unnecessary hardships exist which would impair the owner's right to the reasonable use of the pr(,.)perty without the grant of variance a3 hereinafter set forth; NOW, THEREFORE, BF, LT RESOLVED BY THE COMMI SS ION OF THE; CITY OF MIAMI, FLORIDAt Suhrn ttc:d into the pul)lic, record in coi i T� c�c li ,4Z ,pith item % ' J on , k1319 City Cler MT•Y Cam'• .�.a.; lj6, ,LAN 2A 1991 Section 1. The recitals and findings contain,__*d 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 this matter is affirmed and the request for a 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 and Article 9, Section 906, Subsection 906.4, to allow the construction of a carport in front of Lhe principal structure and which is providing a 3.5' front yard (20' required) for the property zoned R- l single family residential with an SD-18 overlay district, located at 1917 Tigertail Avenue, Miami, Florida, also described as Lot 9, Block Br BISCAYNE PARK TERRACE, as recorded in Plat Book 2 at Page 36, of the Public Records of Dade County, Florida, as per plans on file, is hereby granted subject to the condition that the carport shall not be visible from Tigertail Avenue and shall not be used for any other purposes; also, subject to the condition that the applicant shall not engage in any litigation or proceedings against the City of Miami in the City's effort to enforce the terms of this variance; further, said variance having a time limitation of twelve months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOP,rED this 24th day of Januar;—Z XAViSR G.~ SU MA R ATT E 'r : MAT'i tit RAl, CITY CLERK Submitted into the PUb-lic record iil co��neciit�(n v4 ith item .______ Nlatty Hirai Cite Cle.-Ic }' i _ Zu34 ZONING FACT SHEET LOCATION/LEGAL 1917 Tigertall Avenue Lot 9 Block B BISCAYNE PARK TERRACE (2-36) P.R.D.C. APPLICANT/OWNER Michael D. Danly 1917 Tigertail Avenue Miami, FL 33133 Phone 869-7600 ZONING R-1 Single Family Residential with an SD-18 Overlay District. —� REQUEST Variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami Article 4, Section 401, Schedule of District Regulations, R-1 Single Family Residential and Article 9 Section 906, Subsection 906.4, to allow the i construction of a carport in front of the principal structure and which is providing a 3.5' front yard (20' front yard required) RECOMENDATIONS PLANNING DEPARTMENT DENIAL. There is no hardship to justify the requested variance to allow the construction of a carport in front of the existing single family residence, providing a 3' -6' front yard setback — instead of the 20'-0' required. The proposed carport may be located within the property without having to seek a variance, and to grant the requested variance will result in a special privilege to this individual owner. PUBLIC WORKS No comment. DADE COUNTY TRAFFIC AND TRANSPORTATION No comment. ZONING BOARD At its meeting of November 19, 1990, the Zoning Board adopted Resolution ZB 108-90 by a 6-2 vote, granting approval of the above. One OPPONEPT and one PROPONENT Were present at th—e—m—e—et-Ing. Two replies in FAVOR were received by mail. APPEAL Letter dated December 4, 1990 from the Coconut Grove Civic Club. Submitted into the public records in connection with item 0 on a I batty Hirai Oc- 1t so i w � 1 t ��,,F °n • % 6 y• a 1 � 11 4 ! { ` '� ./ C. TF s ! !• OA E H E E t+ D R t Y$ � O TR. A 1 io � � t2 t! b n l: 1 • • Q, � � ' ���e e.�aes� �t � U'r R t ea • �, u ss s s ;, � � ' �C1 � ' a' 2 3 • 1• 1 { f w i t i I t l• M t T 1 t tt f E , : ESPANOLA 0 i• � 1 i • 2 f to 1 so 11 12 13 I. 1{ 1• li j MARAPIATNA ~ST. • c>o• SECOFFEE . i R• • 2+�, RACET PROP d � ' CAYSTK 1 V ttt! ' • 2 2R • 11 2 A• .�.~ a< ►`' '' ti (10 . t• ! 21 3 N ) . 4 21 ill �o ,• • , J ! sr • o ,4' 5d3 n • 20 i2` Is t 2t i i ° a° P� t, � y +a Q t # : • A O i� 2 F-• r � .+ a t � a 7 ♦ 3 O t '' � ys i ,I e -� n • W w /ir ., t t . � Z NO 14 V J r k 11 Y -sV °sp G � + 10 C 10 1 •� C, t ° q ° 6 T• � 4 � �� ` � tt you+ , ` ` `� 1 • ts,• RD . • • o V t� ., 1�- L + tip d uj .l+ L��� �,■, �4, %„ Q rli i^ r it + j, >L C' L C`; +° 1r. ,tl ,c• Op \t two N .• ° cn `a. '' 's K� ,, s • ' tom,- `� . =!'s Ms. Elba Morales offered the following Resolution and moved its- -Ij adoption. RESOLUTION ZB 13-91 i AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, AS AMENDED - THE ZONING BOARD GRANTED THE VARIANCE FROM i ORDINANCE 11000, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL, _ TO ALLOW THE PROPOSED ADDITION OF A FAMILY ROOM, CLOSET, LAUNDRY AREA AND ENLARGEMENT OF AN EXISTING BATHROOM AT THE PROPERTY LOCATED AT 4016 IRVINGTON AVENUE, ALSO DESCRIBED AS LOT 49, IRVINGTON (7-25) P.R.D.C., AS PER 7 PLANS ON FILE, PROVIDING A 10' REAR YARD (20' REAR YARD REQUIRED). THIS VARIANCE REQUEST i HAS A TIME LIMITATION OF TWELVE MONTHS IN =- I WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. George Barket the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Milian, Barket, and Moran-Ribeaux, Sands and Alonso-Poch NAYES: None. ABSENT: Mr. Lorenzo Luaces Ms. Fox: Motion carries 7 to 0. Submitled record in cor�,cC�io i'Ll-L item f 2` i o on -�4t ► ��1 a City Clerk March 4, 1991 Item # Zoninq Board T F .4 AA r 'EN ZONING FACT SHEET LOCATION/LEGAL 4016 Irvington Avenue Lot 49 IRVINGTON (7-25) P.R.D.C. APPLICANT/OWNER Jerry Imnergiuck, M.D. 4016 Irvington Avenue Coconut Grove, FL 33133 Phone 443-3144 ZONING R-1 Single Family Residential. REQUEST Variance from Ordinance 11000, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-1 Single Family Residential, to permit the proposed addition of a family room, closet, laundry area and enlargement of an existing bathroom on above site, as per plans on file, providing a 10' rear yard (20' rear yard required). RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. There is no hardship to justify the requested variance to allow the addition of a family room, closet, laundry area and enlargement of an existing bathroom on above site, providing a 10' rear yard. No special conditions and circumstances exist which are peculiar to the land or building involved and which are not applicable to other lands in the same zoning district. The special conditions and circumstances are a direct result from the actions of the petitioner. Granting the variance requested will confer on the petitioner a special privilege that is denied by the Zoning Ordinance to other lands in the same zoning district. The grant of this variance will not be in harmony with the general intent and Submijtecl ir�c tl,e aLhlic . record item -EZ=-L�. 'xCii�r �31rC11 City Clerk P0U HTM 4 PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD tSk)d I Logsk purpose of the Zoning Ordinance 11000. No comment. No objection. At its meeting of March 4, 1991, the Zoning Board adopted Resolution ZB 13-91, by a 7-0 vote, approving the above. Four OPPONENTS and five PROPONENTS were present at the meeting. Three replies AGAINST and two in FAVOR were received by mail. G Submitted into the p lblic record in colsnccl o.l ti 1111 itern z - to on 21► 8 i D,'! . I Hirai Ci y Clerk .-� Condo/Coop- _ E i� I - DADE WATER AND SEWER )TH0RITY SUB. G/1 RACT "A" WORD SUB •; VF Submitted i r ! n record in . ,. -�)n with itema I Many IY� I City Cte: T- MUMICIPA4 TRACT I r1 V PA M a-- av t: UN Z RAND AQE1V l < I- _ „ < i u g ACRES • o� ; A SCHOOL _ T E R .'�'�� 3UORI { fSTA • { ° s t 1 ♦ Ir a• •• .• •t 1►0 )• se s• t so t• s• u to u u t• 1: to I• .I► . .. AVE. I lisle. .1 Itl IS . . (,7 ^, ! ) . , . , i 11 �t is ;: I If It i7 Ii 1 f 10 11 It ) N 1/ I• n •tM iN •{I ►• •M •a .* S ) ''+t a., P CRAW F0 0 AYE. 'lot I t 11 ,I A51 VE. 0w a 16 Is M if to re Sol. be (A Ito.. L} »• FOUR OE.S*NS SUB COCO GROVE AVE. Ili 13 �.i • 7{ s t o a y 1 7 { 1 • t f. •• 0 �' O� P Z _ � d O 1 W 4 o W CC{ , ♦• )6. 1 ' , ♦ ) 2 1 , . ) 1 Y. la tt It N to , • x 1 :y 11 1 14 'OINCIANA ,_ _„_ „_ „ A V.E. _ it zo�- VO to t t 0 t0 it to! it ,f • 7 { ) • ! t 1 ' =5 • ) i 1 - u 7 • ) t t t -.�- VAT . ►,V7 �� 4 2 16. • : t .{ R Cr� CD t•• •� 1) �• tt t2 2a t! � 2 u W i n GPiw w �a v► ' • t0aQ 17 ttl 1• t0 7 0 ) w 1• ,t > y / •• 1 /r O •,BONA ~ J , • I) AVE. ••l, {.•• O w i; •% .. h, F• 11 AV ti.• ,-. I• •' Npo A •' ►• ►• : { ill �,. _ NI ,.. .,. ... ... ... ..t {� us lad x O gF' •sl so t• :{ i t7 , LE F lao I7t t 1 n m � 40 is tt 11 10 a n� SU + : • 1 /' f �•TIU• 1• ITr1 171 17l li! ),/ f: )7 )) at 1 / r� tiTURA '• AVE. " is �,�t•E i7 a 1• to a 1 t r� ILS I... Ms. Elba Morales offered the follo:•--ing Resolution and moved its adoption. AFTER CONSIDERING THE FACTORS SE" FORTH I`I SECTION 1903.1 OF ORDINANCE :_._'00, A. AMENDED, THE ZONING BOARD G7--- :'TED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED THE ZONING ORDINANCE OF THE CITE -F, MIAMI'. ARTICLE 41 ZONING DISTRICTS, SECTIn- 401, R-1 TO ALLOW THE EXISTING ACCESSORY STRUCTURE (ARTISTS HOBBY STUDIO A2'- STORAGE BUILDING) IN CONNECTION WITH A SI1'17:i,E FAMILY RESIDENCE ON THE PROPERTY LOCAT. AT 3798 IRVINGTON AVENUE, ALSO DESCRIBED LOT 24, IRVINGTON SUBDIVISION (7-25), P�.'-'VIDING A REAR YARD OF 0.3' (10' REAR YARD REQUIRED) AND INTERIOR SIDE YARDS OF 1.25' 3.75', RESPECTIVELY (5' INTERIOR SDE YARD REQUIRED); ZONED R-1 SINGLE FAMILY RESIDENTIAL. THIS VARIANCE -HAS TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED A:% D SUBJECT TO A RESTRICTIVE COVENANT TO BE A2?ROVED B, THE LAW DEPARTMENT REQUIRING THAT THE REAR STRUCTURE ONLY BE ALLOWED TO REML;:.IN AS AN OPEN STRUCTURE. Upon being seconded by Mr. Ronald FDx, the motion was passed and adopted by the following vote: AYES: Ms. Basila, Nodal and Mor2.1.9s Sands, Alonso-Poch, Fox, Milian NAYES: Luaces and Barket ABSENT: None Ms. Fox: Motion carries 7 to 2 Subrni �tc•d in;o l}e ic record in connec!ion 1.:,' i:- i� , � ite]- Z 0__ :4Od S3ldl� utr ZONING FACT SHEET LOCATION/LEGAL 3798 Irvington Avenue Lot 24 IRVINGTON SUB (7-25) APPLICANT/OWNER Donna Keller and William Dufresne 3798 Irvington Avenue Miami, FL Phone 448-8306 ZONING R-1 Single Family Residential REQUEST RECOMMENDATIONS Variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Zoning Districts, Section 401, R-1 to allow the existing accessory structure (artists 'hobby studio and storage bui�ding) in connection with a single family residence on above site, per plans on file, providing a rear yard of 0.3 (10' rear yard required) and an interior side yards of 1.25' and 3.751, respectively (5' interior side yard required). Denial. There is no hardship justify the requested variance allow the existing access structure on the abo e IC providing a rear yard of C where 10' is required aid inter side yards of 1.25' 3.75' where 5' is required. special conditions circumstances exist which peculiar to the land or build involved and which are applicable to other lands in same zoning district. The spec Submiticd i-ato iltc 1')uh,1-c record in connociicn .:'iL11 item ?2 - ly on t��i'a Xla'kiv iilai Ciiy Clerk t APPLICATION OF LANG BAUMGARTEN 2891 COACOOCHEE STREET CITY OF MIAMI COMMISSION FEBRUARY 18, 1992 Legal Issues The grounds for Mr. Berndt's appeal are totally without merit. The following discussion analyzes the Baumgarten variance request In terms of each of the variance requirements set forth in section 1903.1 of Ordinance 11000, City of Miami Zoning Code. The variance requirements are paraphrased for convenience. 1. Special conditions are applicable to property. • The particular configuration of the existing house, coral rock wall, and banyan tree all combine to make this a unique property. • This particular combination of circumstances does not apply to other lands in this district. 2. Special conditions do not result from actions of petitioner. • Mr. Baumgarten had nothing to do with the location of banyan, coral rock wall and house. Submitted into the puijiiL record in connection with iteml�iZ �® on J ,/-, r—' , Matty Hirai City Clerk � S,� I 3. Literal interpretation would result in deprivation of rights; and would work unnecessary and undue hardship. • Denial of the variance would deny Mr. Baumgarten the right to subdivide his property. • A number of other properties in Coconut Grove have received setback variances. These properties are similarly situated to the subject property. Failure to grant a variance here constitutes a deprivation of equal protection, a denial of constitutional rights, and is therefore an undue hardship. • Without the variance, Mr. Baumgarten would be forced to remove the banyan tree, the coral rock wall, a portion of his house, or perhaps a combination of the three. 4. No special privilege is being granted. • Mr. Baumgarten has the right to subdivide his property now. • Other properties In area have received similar variances in pCpftmitted into the pubi :- record in comicciion with item c 11 atty Hirai _2_ CAy Clerk 5. Requested variance is minimum variance for reasonable use of the property. • This is minimum variance necessary to permit the subdivision and continued maintenance of the existing house. • Applicant is willing to commit that the variance will be limited to the existing structure, and that there will be no expansion of the structure within the setback area. 6. Variance request must be in harmony with general Interest of ordinance; not injurious to neighborhood. • Grant of variance will not harm the neighborhood. The only practical effect is that existing structure will remain. • Applicant Is willing to mitigate any impact of the lot's subdivision with landscaping and similar measures. 10068786 -3_ , •-. Nk .ti r • o "s w � XN 'rj q i���. fir. 4. 4w_ � �,,. 1};• 1 ;n .�.F T � %ter". !d' • • � � it —17 ! • � �'�: Qom'- p Ail s 4 � 1 , X�t ow ir, 10: MAN MrAr Je or t. it 44" . . . . . . . . . . V 4