HomeMy WebLinkAboutR-92-0360J-92-349(b)
5/28/92
RESOLUTION NO. 9 360
A RESOLUTION REVERSING 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
REAR YARD SETBACK OF 6.3' (20'-0" REQUIRED)
TO AN EXISTING EFFICIENCY REAR UNIT OF A TWO-
FAMILY DETACHED RESIDENCE FOR THE PROPERTY =
LOCATED AT 1240 NORTHWEST 33 AVENUE, MIAMI, _
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN),
ZONED R-2 TWO-FAMILY RESIDENTIAL, PERMITTED
PRINCIPAL USES, SUBJECT TO THE CONDITION THAT -_
THE PROPERTY SHALL BE USED ONLY AS A ONE OR
TWO-FAMILY DWELLING.
WHEREAS, the Miami Zoning Board at its meeting of —
April 20, 1992, Item No. 4, duly adopted Resolution ZB 31-92 by
an eight to zero (8-0) vote, denying a variance as hereinafter
set forth;
WHEREAS, the applicant has taken an appeal to the City _
Commission from the denial of the variance; and =-
WHEREAS, the City Commission after careful consideration of
this matter, and notwithstanding the decision of the Zoning
Board, finds that there are peculiar circumstances affecting
this parcel of land and that practical difficulties and
unnecessary hardships exist which would impair the owner's right
to the reasonable use of the property without the grant of
variance 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.
Section 2. The decision of the Miami Zoning Board in this
matter is reversed 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, to allow a rear yard setback of
6.3' (20'-0" required) to an existing efficiency rear unit of a
two-family detached residence for the property located at 1240
Northwest 33 Avenue, Miami, Florida, also described as Lot 30,
Block 5, FIRST ADDITION TO COMFORT GARDENS, as recorded in Plat
Book 7 at Page 40 of the Public Records of Dade County, Florida,
Zoned R-2 Two -Family Residential, Permitted Principal Uses, is
hereby granted, subject to the condition that the property shall
be used only as a one or two-family dwelling.
Section 3. This Resolution shall become effective
immediately upon its adoption. -
PASSED AND ADOPTED this 28th day o May , 1992. _
XAVIPP4 L. SUPdIEZ
AT YOR
Y HIRAI_
= CITY CLERK !-
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PREPA ED AND APPROVED BY:
G. I MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
.�
N ES, III
CITY AT/Y&EY
GMM:ra:M2911
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ZONING FACT SHEET
LOCATION/LEGAL 1240 NW 33 Avenue =_
Lot 30, Block 5, FIRST ADDITION TO COMFORT GARDENS (7-40)
APPLICANT/OWNER Verena Morin Benigno R. Pereda, Agent
1240 NW 33 Avenue 323 SW 23 Avenue _—
Miami, Florida 33125 Miami, Florida 33135 _
Home: 642-0805 Work: 642-0805 541-9332
ZONING R-2 Two -Family Residential
REQUEST Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Article 4, Section 401, Schedule of District Regulations, R-2 Two -Family =_
Residential, Permitted Principal Uses, to allow a rear yard setback of 6.3'
(20'-0" required) to the existing second unit of a duplex residence.
RECOMMENDATIONS:
PLANNING, BLDG b ZONING Denial.
PUBLIC WORKS No Comments.
PLAT AND STREET
DADE COUNTY TRANSPORTATION No Comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 92-352 Last Hearing Date: 03/25/92 Found: Guilty
Violation(s) Cited: Illegal units; working without a permit.
Affidavit of Non -Compliance issued on: 04/25/92
Lien Recorded on: Pending Total Fines To Date: Running
Comments:
HISTORY
ANALYSIS DENIAL. There is no hardship to justify the requested variance to permit the existing
15'-10"x3'-4" residential unit within the required setback. The structure was built
without the benefit of a building permit. The proper rear setback should have been
provided. The proximity of this structure to rear proper line is detrimental to adjacent
properties and the neighborhood. The R-2 Two-family zoning designation limits this
property to a maximum of 2 units, any violation must be covered as a condition to issuance
of any permit.
92- 360
APPLICATION NUMBER 92- 37 April 6, 1992 Item# 3
Page 1 05/20/92
}
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ANALYSIS OF PROPOSED VARIANCE
APPLICATION NUMBER 92- 37
Yes No N/A
X
Special conditions and circumstances exist which are
peculiar to the land, structure, or building involved
and which are not applicable to other lands, structures, or
buildings in the same zoning district.
X
The special conditions and circumstances are an indirect
result from the actions of the petitioner.
X
Literal interpretation of the provisions of Zoning Ordinance
11000 deprives the applicant of rights commonly enjoyed by -
other properties in the same zoning district under the terms
of this zoning ordinance and works unnecessary and undue
hardship on the petitioner.
X
Granting the variance requested conveys the same treatment
to the individual owner as to the owner of other lands,
buildings, or structures in the same zoning district.
X
The variance, if granted, is the minimum variance that makes
possible the reasonable use of the land, building, or
structure.
X
The grant of this variance is in harmony with the general
intent and purpose of this zoning ordinance and is not
injurious to the neighborhood, or otherwise detrimental to
the public welfare.
April 6, 1992
Page 2
Items 3
05/20/92
92- 360
-e
ZONING BOARD At its meeting of April 6, 1992, the Zoning Board adopted
Resolution No. ZB 31-92, by a vote of 8-0, denying the
above.
Two repli.;c AGAINST and .five replies in FAVOR were received
by mail.
Benigno R. Pereda
Plans Expediting
Services
323 SW 23 Ave.
r
Miami, Florida. 33135
(305) 541-9332
Hearing board division
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
4 - 14 - 1992
Dear Mrs. Fernandez
Persuant to Article 20 of ordinance 11,000. Mrs. Venerita Morin hereby appeals
the decision of the Zoning Board on April 6,1992 not granting the Variance for
the property located at 1240 N.W. 33 Avenue.
The Variance application and plans submitted to the City of Miami was for a
Variance to allow a rear yard setback of 6.3' (20.0' required ) on a second
existing unite efficiency at rear of a two family detached residence, not a third
unit like the Ci, of Miami Zoning Board was told by the City Administrator
o e •
in erely,
t�
Benigno P. Pereda
acting as agent for
Venerita Morin
323 SW 23 Ave
Miami, Florida. 33135
92- 360
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PETITION FOR VARIANCE
Fite Number V—
A variance is relaxation of the terms of the ordinance where auchi dctiorpwai not be
contrary to the public interest and where, owing to conditions peculf& to the
property and not the result of actions of the applicant, literal en?orcemeWt of this
ordinance would result in unnecessary, and undue hardship on the pr4orty:• �s used in
this ordinance, a variance is authorized. only for height, area, rafte or -tuts,
dimensions of yards and other open spaces and of)street vg�4ng or loading
requirements !Section JIOU
Verenite Morin
1, hereby petition the Clt?0f Miami Zoning
50ard for a variance from the terms of the "Zoning Ordinance of the City of Miami,"
affecting property located at 1240 N.W. 33 Aim Miami, as
specified below.
In support of this application, the following material is submitted with this applicatlam
1. Two copies of a survey of the property prepared by a State of Florida Registered
Land Surveyor.
2. Four copies oft the site plan showing (as required) property boundaries, existing
of any) and proposed stn tureb), parking, landscaping, ate; building elevations
and dimeatsiorts and cornputations of lot area (gross cnd net), building spocing, LUi
rotlos, and height envelope.
.L. 3. Affidavits disclosing ownership of property covered by application and disclosure
of interest form (Forms 4-83 and 4a83, attach to application).
= 4. Certified list of owners of real estate within 3751 radius from ft outside
boundaries of property covered by this application. (Form 6-83 and attach to _—
application.)
V S. At least two photographs that snow the entire property (lane an.! improvements). _
�c 6. Other (specif )
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 111 =
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
Surcharge equal to applicable fee from (a)-(c) above, not to exceed $550.04
to bo refunded if there is no cppeol. (City Code • Section 62.61)
92— 360
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,..� L The Variance requested is for relief from the
the Cissty of Miami Zoning Ordinance as followisfor� of 5eetfon d, ca 1 of
Schedule of district regulations, page 13
minimum open space requirements: 20.0' required
10.0' requested For rear set back.
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support of this -•' ' '� application, the applicant is ..
. evidoncs, on the point enumerated at Subsection 3e t03.1 af�thee -'th of following
Zoning Ordinances
Note: This appilcation cannot be accepted w ,t fore six items arcs compl etad. p l Board actitart unttss aIt o/ the
..x... (a) Special conditions and dreams;ances exist which arty .. structure, or building involved and which art not Pmllar to the land,
structures, or buildings in the some s applicable to other lands,
be produced and rasa additional sisss ng distrlet try that: obt. evidence to
u, it nsce=aryj
The special conditions and circumstance exist
are peculiar to the land and structure. Exist-
ing storage room at the rear of the property,
was converted into an apartment there for requi-
red 20.0• set back.
-.�.. (b) The special conditions and circumstances der not result from the actions of
the petitioner in that:
The petitioner was not intentionally or knowingly
Responsible for the violation since'the'anly thing
she did was empty the already existing storage room
and use it as sn 'spartmesnt.
92- 360
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x (c) Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights Con rnonly enjoyed by other properties in the some
zoning district under the terms of the zoning ordinance and would work
unnecessary and undue hardships on the petitioner in than
The petitioner is unable to enjoy the complete use of
the property due to the size. It was converted into an
apartment because the petitioner has no use for a stor-
age room. And her daughter needed an apartment.
.„� (d) Granting the variance requested will not confer on the petitioner my special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the same zoning.district in that:
The petitioner at sacrifice to herself and the property,
changed the room not being aware of the necessity of a
permit.
(s) The variance, if granted, is the minimum variance that will make possible, the
reasonable use of the land, building, or structure in thou
Rather than demolishing a storage room and request a
single variance petitioner decided to sacrifice exis-
ting storage room to accommodate extra living space
for her daughter The variance, if granted, is the
minimum variance that will make possible the reson-
able use.
92- 360
x (f) The grant of the variance will be in harmony with the general intent and
purpose of the Toning Ordinance, and will not • be injurious to the
nei;!;4ad, or otherwise detrimental to the public welfare.
The variance, IF granted, will result in the
enhancement of the property values in the neigh-
borhoou in which it is located, due to the Fact
that Formerly a storage room and now it is of
the property.
Note= All dac=W 4 reports; svage4 exWbita or other written or graphic material to b®
s ibmitted to the Zoning Board &bait be s ibmitted with this appUcatimu
Owner or AutnCriteo Agent
Name
t
Address -7
STATE OF FLORIDA) SS:
COUNTY OF DADE )
Verona Morin being duly ern► dspmee: ad
sap that he at the uttkmzsd of the real property described in
on:wer to question 01, about; that he has read the foregoing orowers and tha�the ors
true and complete; and of acttnq as agent for owner) that he has auth%ity f!§etoec+ute this
petition an behalf of the owner. c�
(SEAt!
SV'IORN TO Ai�lO SU85CRI8Ei?
bet ms this 2)' day of
is �l9
MY COMMISSION EXPIRE&
MW M KIC STATE w ROAfOA
PY CMISSION Exp. NAY 30.1911
IN= TNRO GENENAI INS. VID.
r _
Port'' ubIM, tots of ortdo of Large
i
92*- 360
< AFFIDAVIT
STATE CF Fi.C'=A)
3S.
O=ny OF DADS )
Before me. t::e urQersigned authority, this daY PO—' Y
appeared yerenits Morin who cei.p by trt fi= duly savor.:.
upon oath, deposes and says:
1. That he is the %mar, or the legal represmative of the
owner, submitting the acc=.=WiM application for a public hearing as
required by Ordinance No. 9S0Q of the Code of the City of Miami. Florida.
effecting the real propeM located in the City of Miami. as described and
listed on the pages attaehed to this affidavit and =de a past thereof.
2. That all owners which he represents, if any. have given their
full and complete pettlLssion for him to act in their beha= for the change
or modiV cation of a classification or regulation of z=d g as net out in
the aeea.1mnying petition.
3. That the pages attached hereto and made a Fats of this
affidavit cc =ia the curr=t names, mail.i m addresses• phone Iaanbers and
legal descriptions for the real property which he is the owner or legal
representative.
k. The facts 'as repreaeMed in the application ana dccsarests
submitted in cool j=cz:on with this affidavit are true and correct.
Further Af.:i.= sayeth not.
Sworn to and Subs oed before as
thiW day of / 19?.
Publ,+ 1 State of norift at Large
MY Corsidssi oa sr
r Wfurf "We STAR W FLORMA
NY CON413SIOA UP. Rot 30.1ou
"m Md iE WAAL IA o Mom.
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(Nam ►
92- 360
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1. Legal description and strret address of subject real property:
1240 N.W. 33 Ave
LOT 30, BLOCK 5, FIRST ADDITION TO COMFORT GARDENS# ACCORDING TO THE PLAT
THEREOF# AS RECORDED IN PLAT BOOK % AT PAGE 40 OF PUBLIC RECORDS, DADE
COUNTY, FLORIDA.
2.. •Owrar(s) of subject real psvperty and percentage of ownership.
Note: City of Miami Ordimnes No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Cc=ission.
Accordingly, question #2 requires disclosure of all shareholders of
onVorations, beneficiariss of trusts, and/or any other interested parties,
together with their addresses and psvporticnate interest•
VERENA MORIN
1140 Nw 33 AVE.
MIAMI, FLORIDA.
3. Lega3.description and street address of any real property (a)
owned by any party listed in answer to question its and (b) located within
373 feet of the subject real p=perty.
NONE
s= or FLORID1I► ) US
Of D=
W. ' 'I� T,
, being duly sword• deposes and
sap that ne is me ('weer torney of Owner) of the real property
described in answr to gwstion #10 abmel that he hat red the tacegoing
anawers and thm the saes are tree &W oamplotet and (if aetlsf as attorney
for owner) that he has authority to womWa this OisclAsuse of OkrrrshiF
fom on behalf of the owner.
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360
OWW' S LIST
Owner ' s flares
iqi 1 i ng A¢dresf / 2 -qO _ N .'-y • 3
Telmene Muster G !�L-. 0 p �
L296 DOs 3otio& eg c, � . 001-be..'i rd
G vW Go/t-r � ,Q/L � E�✓� PJF �G
- � / Aq&C-O'Cl A4 5 C-c o � rp /N �t4 0 o1C
d0 Or- l2l, &jr, "��-Co�, D�4AC cow^,1K
oel Ns ,r
zo
Milling Addr
Telephone Nu
LOW Descriptions
Owner's pane
Milling_ Addnas
TO "hens Number
Legal Descriptions
Any other real astat• property awned individuallye jointly. or severally
for corporation, partnership or privately) within 3719 of the subject
site is listed as fGlleaas
Street Address t�eda_ Description
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Street
ion
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THE CITY OF MIAMI CODE ENFORCEMENT BOARD
CITY OF MIAM1, r:ORIDA
vs.
Case No. 91-1566
Address: 1240 NW 33 AV
Legal: COMFORT GARDENS 1ST ADD
(7-40) LOT 30 OLK 5
Folio: 0131330310490
VERENITA MORIN
1240 NW 33 AVE
MIAMI, FL 33125
AFF E�-@
06 NON-COMPLIANCE
STATE OF FLORIDA
SS
COUNTY OF DADE : r
I, Enrique Fortun Inspector for the City of Miami, being duly
sworn, deposes and says; J
I.. On o APIii , 19�. I conducted an inspecti
property cited for violation in the above -styled matter.
2. The inspection indicated that corrective action was
taken on all none of the violations charged.
Dated this day of ,�` '_ 19
Sworn to and subscribed before me this _�i day of
My commission expires:
�,'CJ�'•R" t.SEZ..� �"1�`Z � iLt3ADA
of the
e %L
92- 360
MAY-28`92 T"J 13:17 ID:FIP.E CHIEF FI(-E TEL' I . I — I — :---
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ublic
Submitted into the p
recoi-ti ir. corn with
item
Matty Hircal
City Clerk
92360