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HomeMy WebLinkAboutR-92-0596J-92-453(b) 9/24/92 RESOLUTION NO. 9 P.— 5 9 b A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REAR YARD SETBACK OF 1.35' (20'-0" REQUIRED) FOR THE EXISTING DETACHED OPEN TERRACE, RECREATION ROOM WITH BATH, AND UTILITY SHED; A NORTH YARD SIDE SETBACK OF 0.60' (5'-0" REQUIRED) FOR THE EXISTING RECREATION ROOM WITH BATH, AND A SOUTH YARD SIDE SETBACK OF 0.20' (5'-0" REQUIRED) FOR THE UTILITY SHED, FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 100 NORTHWEST 56 COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED R-2 TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES; SAID VARIANCE BEING CONDITIONED UPON THE FOLLOWING: (1) SUBMITTAL BY THE APPLICANT WITHIN SIXTY (60) DAYS AFTER THE DATE OF ADOPTION OF THIS RESOLUTION, OF A PROFESSIONAL ENGINEER'S CERTIFICATION STATING THAT THE BUILDING IS SAFE; AND (2) CONTINUAL CONTAINMENT OF WATER RUNOFF WITHIN THE APPLICANT'S PROPERTY; AND HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED WHEREAS, the Miami Zoning Board at its meeting of May 18, 1992, Item No. 1, duly adopted Resolution ZB 49-92 by a seven to one (7-1) vote, denying a variance as hereinafter set forth; and WHEREAS, the applicant has taken an appeal to the City, Commission from the denial of the variance; and CITY CONI MIISSICIN MEETIISG OF SEP 2 4 1992 Resolution No. 92- 59'6 Pip WHERE1A5, 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 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 1.35' (20'-0" required) for the existing detached open terrace, recreation room with bath, and utility shed; a north yard side setback of 0.60' (5'-0" required) for the existing recreation room with bath, and a south yard side setback of 0.20' (5'-01, required) for the utility shed, for a single family residence for the property located at 100 Northwest 56 Court, Miami, Florida, also described as Lot 33, Block 1, WEST GATE, as recorded in Plat Book 13 at Page 3 of the Public Records of Dade County, Florida, Zoned R-2 Two -Family Residential, Permitted -2- 92- 596 i n t Principal Uses, said variance being conditioned upon the i following: (1) submittal by the applicant within sixty (60) days after the date of adoption of this Resolution, of a Professional Engineer's Certification stating that the building is safe; and (2) continual containment of water runoff within the applicant's property; and 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 24th ATTE • 2 MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: —/JEWW"M ITY GMM:IMA:Va:bss:M3011 day of VI , 1992. , MAYOR op PZw3 ZONING FACT SHEET LOCATION/LEGAL Approximately 100 NW 56 Court Lot 33, Block 1, WEST GATE (13-3) PROC APPLICANT/OWNER Rafael, Zoila, 8 Perla M. Rodriguez Rafael Rodriguez, Agent 100 NW 56 Court 100 NW 56 Court Miami, Florida 33126 Miami, Florida 33126 Home: 264-7271 Work: 358-2433 ZONING R-2 Two Family Residential REQUEST Variances 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 1.35' (20'-0" required) for the existing detached open terrace, recreation room with bath, and utility shed; a north yard side setback of 0.60' (5'-0" required) for the existing recreation room with bath, and a south yard side setback of 0.20' (5'-0" required) for the utility shed, for a single family residence. RECOMMENDATIONS: PLANNING, BLDG E ZONING Denial PUBLIC WORKS No Comments. PLAT AND STREET DADE COUNTY TRANSPORTATION No Comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 92-699 Last Hearing Date: 04/08/92 Found: Guilty Violation(s) Cited: Working without a permit, building and/or roofing, etc; illegal units; and encroaching in required yards/open space. Affidavit of Non -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A Comments: Heard on 4/8/92 - Found guilty accepting stipulations; compliance by 6/12/92; $50 Administrative Fee; $150 per diem. HISTORY This item was continued to May 18, 1992 from the Zoning Board Hearing of May 4, 1992. ANALYSIS There is no hardship to justify the requested setback variances for the existing additions to the single family lot. The additions were built without the benefit of building permits. The proper rear and side setbacks should have been provided. There are -` no special conditions and circumstances which are particular to the land, structures, or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district. The special conditions and circumstances are a direct result from the actions of the petitioner. Granting the variance would confer on the petitioner a special privilege that is denied by the zoning ordinance to other properties in the same zoning district. 92- 596 ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 92- 41 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 toning 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. MAY 18, 1992 Page 2 I t"# 1 05/14/92 92-.596 PZ-3 ZONING FACT SHEET LOCATION/LEGAL Approximately 100 NW 56 Court Lot 33, Block 1, WEST GATE (13-3) PRDC APPLICANT/OWNER Rafael, Zoila, 8 Perla M. Rodriguez Rafael Rodriguez, Agent 100 NW 56 Court 100 NW 56 Court Miami, Florida 33126 Miami, Florida 33126 Home: 264-7271 Work: 358-2433 ZONING R-2 Two Family Residential REQUEST Variances 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 1.35' (20'-0" required) for the existing detached open terrace, recreation room with bath, and utility shed; a north yard side setback of 0.60' (5'-0" required) for the existing recreation room with bath, and a south yard side setback of 0.20, (5'-0" required) for the utility shed, for a single family residence. RECOMMENDATIONS: PLANNING, BLDG 6 ZONING Denial PUBLIC WORKS No Comments. PLAT AND STREET DADE COUNTY TRANSPORTATION No Comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 92-699 Last Hearing Date: 04/08/92 Found: Guilty Violation(s) Cited: Working without a permit, building and/or roofing, etc; illegal units; and encroaching in required yards/open space. Affidavit of Non -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A Comments: Heard on 4/8/92 - Found guilty accepting stipulations; compliance by 6/12/92; $SO Administrative Fee; $150 per diem. HISTORY This item was continued to May 18, 1992 from the Zoning Board Hearing of May 4, 1992. ANALYSIS There is no hardship to justify the requested setback variances for the existing additions to the single family lot. The additions were built without the benefit of building permits. The proper rear and side setbacks should have been provided. There are no special conditions and circumstances which are particular to the land, structures, or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district. The special conditions and circumstances are a direct result from the actions of the petitioner. Granting the variance would confer on the petitioner a special privilege that is denied by the zoning ordinance to other properties in the same zoning district. 92-- 596, I ZONING BOARD: At its meeting of May 18, 1992, the Zoning Board adopted Resolution No. ZB 49-92, by a vote of 7-1, denying the above. 1. Seventy-eight replies in FAVOR and one reply AGAINST were received by mail. CITY COMMISSION At its meeting of July 16, 1992, the City Commission continued the above. Yes No N/A x Wr x x x x ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMM 92- 41 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 sane zoning district. The special conditions and circumstances are an indirect result from the actions of the petitioner. 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. 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. The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. 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. MAY 18, 1992 Itess# 1 Page 2 05/14/92 92-- 596 RAFAEL S. RODRIGU 100 N.W. 56 Court '. Miami, Florida 33126 0 May 20, 1992 HEARING BOARDS DIVISION PLANNING, BUILDING & ZONING DEBT. 275 NW 2nd. Street, Room 226 Miami, Florida 33128 Att: Teresita Fernandez Dear sirs: city .92 MAY 20 All :33 RE: Lot 33, Block 1 WEST GATE(13-3) 100 N.W. 56 Court CASE #92-699 I, RAFAEL S. RODRIGUEZ, am taking this opportunity to let you know that I want to appeal, before the City Commission, for the decision made by the Zoning Board to the application,for a Variance,submitted by me and that went to the hearing of May 18,1992, under Item #1, Case #92-699. Thanking you in advance for your cooperation, I remain, Yours very truly, RAFAEL RO GUEZ •, 0111/► i � . 1 a 43 on 1 10 r1 to tl 10 tl , t i 11 l0 1• 11 O V i/ 11: It 12 It It I•Gov, N 17 14 IT 14 I1 i < V ' 1 is N. 3 TL 1'N A •ti I I all m ! to _ I wallGo to a 11 ! tf ! 20 1 to • to I to 1 • i! • • 21 • -•21 1• 1 It 2 It = 4 t a l{ ! i! f 24 t 24 / !• 1 i N �i • • 2I o :I • I 1T 3 t 11 2: / 14 2 , 19 22 , _ 2 10 2:I1 10 21 l0 21 � o II 20 11 20 11 to 10 10 12 11 1 11 : •' J 14M T r WEST i 13 1• 1! 1• II If • 1� 13to 'O GATE p \ if+ a IT 14 17 la IT : II 1 o 11 AG � IS If II le 14 ~ '1� Ici to /• ,-; Y N.W. 2 S T. 10It. I ,. t_ 12 PARK . c 1 'a I fo r 1 fo N.W. 2 ST. e. 21 ' a 21 • I As 1 24 1 ' It I W` ! t• ! 2• I 2•- • 2T • I a 27 ` t _ 0 ! 2a a 21 f a 2t T1 W Go 23 23 �� + 12 2 + 13 t + 20 + 10 21 10 tl I 10 21 T N .11 yy y . T ltl �' 11 20 3 1/ 20 T 1 20 •Z 1: It 2 I: 1t •Z 1 11 1i zt .;� e I 1: IZ� s ;•1. Zis z GARDEN( W. FLA a LER ST. i3 v 2 f .I. emmmmaoQm�• Mill How, In ■ �- �_ �.. � e_ �,,.� .._.. r...,...x� _.,mob... , . -. .... j i PETITION FOR VARIANCE File Number V-$3- A variance is relaxation of the terms of the ordinance where such action wiU not be contrary to the public interest and where, owing to cautitions pecWtor to the Property and not the result of actions of the applicant, literal enforcement of this ordinance would result in unnecessary, and undue hardship on the property. As used in this ordinance, a variance is autharised. only for height, area, size of structure, dimensions of yards acid other open spaces and of fstreet paNr++ig or loading requirements. (Section 3101) 19r46e& 14, hereby petition the City of Miami Zoning 8oaro for a variance from trio terms of the "Zoning Ordinance of the City of Miami," affecting property located at &0 A.)LOs= &-f Miami, as specified below. In Pport of this application, the following material is submitted with this application: 1. Two copies of a survey of the property prepared by a State of Florida Registered ` f Land Surveyor. = 2. Four copies of: the site plan showing (as required) property boundaries, exist (if any) and proposed structure(s), parking, landscaping, etc, building elevvtions and dimensions and computations of lot area (gross cnd net), building spacing, Ltd! ratios, and height envelope. 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 red estate within 37S' radius from t!•.e:>side boundaries of property covered by this application. (Form 6-83 and Cloth to application.) 5. At least two photographs that snow thQ c-tire properly (land an.l improve:td0s). 6. Other !Specify) 7. Fee of $ram to apply toward the cost of processing, based of the following (a) RS, RC-1 (resident! a 1 uses) $200.00 (b) For penetration of Plane ltl by antennas and the like $500.00 (c) All other applications for each request variance $0.07per sq.ft. of floor area of building(s) from the ordinance minimum - $550.00 (d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $550.04 to br refunded if there is no appeal. (City Code - Section 62.61) 92— 596 7 dommiews 8. The Variance recuested is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows I. 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 Ordinances Note: This appUeation cannot be accepted for Zoning Board action unless all of the Jouowing sir items are completed. (a) Special conditions and cireuunstanees exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) ��'a/ a:,t�.,�s �,��� ; ,�,;s,,c, us�G shu�.•� �►-� .,lle svrv� �.,d .:J l.� s4�! pry D o� nr& ECG e . L" --� :-n -w i yf T —+w } i �. (b) The special conditions and circumstan do not result fr rn the actions of the petitioner' in that: & �Wn177� W fhda)/.e dA Gt ��1 /i�7 f�,G i�7/� �,�,G- �>'•�,�.eil �°��e9�1'�`'s g 92- 596 (c) Literal interpretation of the provisions of the Zoning ordinance would deorive the applicant of tights commioniy enjoyee. by other properties in the sorme zoning district under the terens of the )ping ordinance and would work unnecessary and undue hardships on the petitioner in that: = �tr�de.,�d Gs� ��� C.���sf►u�-��>'7 ` 7 7D -r, ek e,/v )6/2 :r (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the toning Ordincnce to other lands, buildings, or structures in the same zoning district in that: 40(4 f�c71' 11o1-�, AO -ree ! 0- ' ',ADc>Q ;,m. �imm� � ze W)� 41 /R*f It 111'hie, YOD C-6 r rj,40� �Jl��'m �D a,fi��� (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the (and, building, or stricture in that: `rime 9.?d ' 92- 596 ,� Q) The grant of the variance will be in hatinony with the general intent one purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. .jtJ,0n ;PlOke6�5 / 6 �� QLr.� ,� 0 ez)wl Note: All documents, reports, sties; exhibits or other written or graphic matsriat to:be spitted to the Zoning Board shalt be submitted with this pucation. s wner or Autncrt AgentrXN -� 2 Address iDy CO STATE OF FLORMA) SS: COUNTY OF DADE ) being duly sworn, dand SC" that he in the(Authorized Agent of of the real property desated in answer to question 0 i, above; that he has rend the foregoing answers and that the some are true and complete; and (if acting as agent for owner) that he has authority to ex=Ae this petition on behalf of the owner. SWORN TO ANO SUBSCRIBED before me this 16 day of MY COMMISSION EXPIRES: 14r,,:Dt N441..X S;ATr- OF FLORIDA MY CCK415SI0N EXP. OCT. 17.IM ;ONDED TWW GENERAL IS. US, / ^ Form 1-83 DO clq& Varna) tit v .• .� . rLA ; ; O Mary Public, State of Florwo at Large 92- 596 sTATE or rwRiDA) In coum or =a Before ce, tho undereigned authority, this day personally RLIfAt. I U. t?edr'sVIr appeared Zv./a_W. Red' (gaps aw.i_ Per/'t M• gfdr ''being by as first duly sworn, upon oath, deposes and sayss 1. That ;* is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by ordinance 11000 of the Code of the City of Miami, r"lorida, of footing the real. property located in the City of Miami, as described and listod•on the pages attached to this affidavit and cede a part thereof. ' 2. That all owners which he rep +eaonts, if any, have given their full and cvsiplete percussion for his to act in their behalf for the change or codification of a classification or regulation of zoning as not out in the accompanying petition. 3. ?hat the pages attached hereto and made a part of this affidavit contain the current names, sailing addresses, phone nmbers and legal descriptions for the coal property which he is the owner or legal representative. 1 S. The facts as represented in- the application and doeusents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. _ (/ N a�*�T Sworn to and subscribed before me this day of M Qxca 19 fz kcj C 2 �G.� Notary Public, State of Florida at Large 92- 596 j OWNER'SLI w Nti l inq Address_LU el M Io. 5-6 _ CO', k1-ciu r /- i< . S. 3 / _L C- Ttlepnont Number �C- V- 7,1 7/ Legal Ot=cription: 4.0'1 l 3 3 D/vc.k l ,/' �r �.. 0uC lC i �CL je .3 - S.t b doviiteW N ,ld- 6:efe. Owner' s NM ZO t t!a. M, f'i c ores, Mai 11 ng Address /0 0 A 6&' . 5 6 C'e a et Ala, f F 14 3 3 L Tt 1 ephone Number .2 6 Rl - 7)- 7 / Legal Description: ' I- f' 3 3 r3/urk � Plc.t Be 3 PG9t 3 - S�bdtv,�,,, U/aJf Cat. ownerI s Nor PPrltc N1, Ro �!'/ 9c1P1. Mai 1•i no Address_ L_� p /1 / CO. 5 4 ,� r t tie, QA., F/4 3 � / Z C. Telephone Number 1 6 1l - 7,1 71 and- 3M -d V 3 3 (kO e rk ) L"al Description: j-o f 3 3 1310 c. 1 Plr- � 13o a 13 Pti'e 3 - S LA bd i utit oil — w, f Cafe . Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 3711 of the subject site is listed as follows: Street Address Legal Description Street Address Legal DesctiiMion Street Address Legal Description I � 92- 596 s i. L** dpasipti n and strut addgess of suoject real p'9gm%yt I-er.33 f3lec.k pl j 0,,O k 13 Paye 3 5&1bdivtvo L�fe,rfG'a% . tu`(TE ��trr� R'it�..ft. FL . .3 b 2.. ore+sstsl of ,s ect red, � pSr=nt&qe of a! ail ownerporties Natoli City at Miaai Otdimwm No. S a ing a financial interest, either dirset ar indireM. in the suojact natter of a presentation, request of petition he to tCity Camission. Accordin4lyr question t1 ragnires disclosure of ell shareholders of eneparetiansr beneliciariee at trm"' aWas any ap% toq ter with their addressee aid propoeticxwte inteseel. / 0 �tijrf�Qtl P.Z . .. �..+.39 39 �a a.c�t�tfel P z (w 1 f t ..11 Per /it 14, I?edr jvez. (dacAj10r)`- 331; 7 iod street address at "Y "ap;'openy (a) awned by ae�ry► 'PotY 3• � n an l a in atrM-P to quescim My d {b) looted within 375 feet at the =Wjeot real pzoPerty. 4~i 3- .: or "am') as Q W yet, �dubly OOaM d� p�CtY raes ostthe � dem s to gsstta% li p� tit swimar f fseem as trm ey haste authority to execum dds 01110l40M at Owle ship boas of behalf at the CWWO Tr e befcce Me Wr`�'=i' 9 2 -- 596 dW of .��. •OWSM OI A"6016tV A�Yaii tiMO iml Power of RttDate Vim ?A ifim jig AM ?m9als That Zoila N. Rodriguez ha ve mode. C"Wilwed end appointed. and by these presents do make. eam"fine and op - POW Rafael S. Rodriguez bids aid, lawful allorney for her end to her neat'. Ikw OW steed to submit an application, prepare all paperwork, make all appearances and do anything that may otherwise be neccesary in connection with applying for zoning exception for the premises described as: Lot 33, in Block 1, of Westgate, according to the Plat thereof, as recorded in Plat Book 13, at Page 3, of the Public Records of Dade County, Florida. i • giving and granting unto Rafael S. Rodriguez mold attorney full power and authority to do sad pe- form all and every set and thing w hateserer requisite and necessary to ! be done in and about the prenwses Y fully, to eU latents and pwpaw& as she might or coved do c it personally present. with full powr of subetilutt" and evoo di" Aerwiy ratifying and con%Irmml- ing all that Rafael S. Rodriguez said attorney or dn"Mae stroll Ulwally do or taw" to be dove by Virlue hereof. �fl I how hereunto set MY hands and $cols the 12 day et May . in do vow one thousand wine hundred and ninety-two sled and defive mn tAei rV"noe of �"�_�. /lam �cYC• Zoila N. Rodriguez SWI of Florida �o 0� Dade Tha oa the 12th d" of f ay LU. E c as thousand nine hundred and . ninety-two . bMwe seas puN� $TAT E I. a MY Co c-x 2 GL a Notary Public . ill etnd Jon the Stale of Florid oN _ n:::;.arn•-.a:::r.� un :•:: .. • .-. _ .•- personaily cants and appeared Zoila N. Rodriguez to me personally known. and known to not 16 be the same persons described in and who eseculed the within power of attorney. and she act ed the within POWS' Of ottoMey to be her act and deed T..S-_ __.. ,UL . e 9 2 -- 596 ,Our• M A"64014V _ �AfiM i�Mle irower of Rttoracy I W ail Run By But ?meats That Perla M. Rodriguez ha vs rods, emwituted 4nd appointed. and 6V the" presents do make. o:onstttuie and ape pas: Rafael S. Rodriguez Im and lawful allorney /or her and in her now. ptoos sad stood 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 exception for the premises described as: Lot 33, in Block 1, of Westgate, according to the Plat thereof, as recordsd in Plat Book 13, at Page 3, of the Public Records of Dade County, Florida. 1 giving and granting unto Rafael S. Rodriguez said 4110mey lull power and outhonty to do end pe, fKin oU and ewey ad sad thing miAataeesrer requisite and necessary to be done in and 46•mt the prenwea GO 194, t• ott Uten& and purposes, of she might of COHN do if personally present. with /wit pour N 1186sitt4004 and reroCot N& hereby ratifying and confirsia ing oU that Rafael S. Rodriguez sold attorney or subawide shall IamfuUy dies or Comae to be dove 6y virtue hereof. In I jeals the 12th d&Vot May hundred and ninety-two ( ►��"n� , e SW 0f Florida COB* Of Dade Be That on the 12th thousand nine hundred and ninety-two a Notary Public ho•e herrunt• sot my hands and . in am roar one thousand w I Perla M. Rodriguez dw a Luis E Notary STATE OF before Ind,Public My Comm E:y in sty Jsa the state of Florid'SONDE .....•-.iiiiiiisii ='s :;;.arn. - 4sam.; :r..:: ...�-. .Ms _.:::• personaily came and apf4ored Perla M. Rodriguez to me personally known. and known to ttut fo be the same pefsom described in and who executed the within powst• o/ attorney, and she Ibe ,"a imm, of Qtttw nif to be her act and deed i n Trctimnnu ZMhov*^1 , T 9 2 •-- '� Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 49-92 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO ALLOW A REAR YARD SETBACK OF 1.35' (20'-0" REQUIRED) FOR THE EXISTING DETACHED OPEN TERRACE, RECREATION ROOM WITH BATH, AND UTILITY SHED; A NORTH YARD SIDE SETBACK OF 0.60' (5'-0" REQUIRED) FOR THE EXISTING RECREATION ROOM WITH BATH, AND A SOUTH YARD SIDE SETBACK OF 0.20' (5'-0" REQUIRED) FOR THE UTILITY SHED, FOR A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 100 NW 56 COURT ALSO DESCRIBED AS LOT 33, BLOCK 1, WEST GATE (13-3). Upon being seconded by Mr. Ronald Fox the motion was passed and adopted by the following vote: AYES: Ms. Morales and Basila Milian, Sands, Barket Alonzo -Poch and Fox NAYES: Mr. Moran-Ribeaux ABSENT: Ms. Perez -Nodal and Mr. Luaces Ms. Fernandez: Motion carries 7 to 1. May 18, 1992 It= # 1 Zoning Board 92- 596