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HomeMy WebLinkAboutR-92-0601:;+:risexe+az�+tv��s.fw;:u+�;�zsr �,�iV.FtR,4.NpFke. tAa�a9uai:.w, J-92-518(a) 9/24/92 RESOLUTION NO. 9 2 ~ 601 A RESOLUTION AFFIRMING 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 41 SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A REAR YARD SETBACK OF 7.18' (20'-0" REQUIRED), AND A BUILDING FOOTPRINT OF 40.47% OF THE GROSS LOT AREA OR 21671 SQUARE FEET (40% OR 2,640 SQUARE FEET ALLOWED), AND A ROOF OVERHANG 5.8' FROM THE REAR PROPERTY LINE (17'-0" MINIMUM DISTANCE REQUIRED FROM THE LOT LINE) ACCORDING TO SECTION 908.3, FOR AN EXISTING ADDITION TO THE REAR UNIT OF A DUPLEX RESIDENCE; SAID VARIANCE ALSO TO ALLOW A PROPOSED PARKING STALL AT THE FRONT LINE WITHOUT THE 7'-6" REQUIRED BY SECTION 908.10 FOR THE PROPERTY LOCATED AT 501-503 NORTHWEST 25 COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), ZONED R-2 TWO-FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES; SAID VARIANCE BEING CONDITIONED UPON THE CONSTRUCTION OF A SIX (6) FOOT HIGH MASONRY WALL ON THE EASTERN BOUNDARY OF THE PROPERTY PRIOR TO THE ISSUANCE OF ANY OTHER BUILDING PERMITS FOR THE 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 June 1, 1992, Item No. 4, duly adopted Resolution ZB 58-92 by an eight to one (8-1) vote, granting a variance as hereinafter set forth; and WHEREAS, Vicente Sierra has taken an appeal to the City Commission from the grant of the variance; and CITY 9 2R=aclut9* . OF 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. Section 2. The decision of the Miami 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 41 Section 401, Schedule of District Regulations, to allow a rear yard setback of 7.18' (20'-0" required), and a building footprint of 40.47% of the gross lot area or 2,671 square feet (40% or 2,640 square feet allowed), and a roof overhang 5.8' from the rear property line (17'-0" minimum distance required from the lot line) according to Section 908.3, for an existing addition to the rear unit of a duplex residence; said variance also to allow a proposed parking stall at the front property line without the 7'-6" required by Section 908.10 for the property located at 501-503 Northwest 25 Court, Miami, Florida, also described as Lot 42, AUSTIN HEIGHTS, as recorded in Plat Book 11 at Page 42 of the Public Records of Dade County, - 2 - 92- 601 Florida, Zoned R-2 Two -Family Residential, Permitted Principal Cases; said variance being conditioned upon the construction of a six (6) foot high masonry wall on the eastern boundary of the property prior to the issuance of any other building permits for the 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 day of S ATTES : MATTf HIRAI CITY CLERK PREPARED AND APPROVED BY: IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY GMM:IMA:t-a:bss:M3025 MM G-- 'IER L 1992. Z, 92- 601 PZw4 ZONING FACT SHEET A LOCATION/LEGAL Approximately 501-503 NW 25 Count Lot 42, AUSTIN HEIGHTS (11-42) PRDC APPLICANT/OWNER Jose A. Bushdid 6 Maude M. Bushdid 5805 SW 131 Terrace Miami, Florida 33156 Home: 667-1534 Work: 667.1534 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 7.18' (20'-0" required), a building footprint of 40.47% of the gross lot area or 2,671 sq. ft. (40% or 2,640 sq. ft. allowed), and a roof overhang 5.8' from the rear property line (17'-0" minimum distance required from the lot line) according to Sec.908.3, for an existing addition to the rear unit of a duplex residence. Variance also to allow a proposed parking stall at the front property line without the 7'-6" required by Sec. 908.10. RECOMMENDATIONS: PLANNING, BLDG 6 ZONING Denial. PUBLIC WORKS No Comment. PLAT AND STREET N/A DADE COUNTY TRANSPORTATION No Comment. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 91-2230 Last Hearing Date: 03/11/92 Found: Retro Ext. Violation(s) Cited: Working without a permit, building and/or roofing, etc.; no Certificate of Use; and illegal units. Affidavit of Non -Compliance issued on: N/A Lien Recorded on: N/A Total Fines To Date: N/A - Comments: Case was originally heard on 12/11/91 and given until 3/21/92 to• --•-- comply. Retroactive Extension of Time was granted to 5/30/92. HISTORY This item was continued to June 1, 1992 from the Zoning Board Hearing of April 20, 1992, subject to notification of adjacent property owners in case of additional variances. ANALYSIS There is no hardship to justify the requested variances for an existing addition to the rear unit of a duplex residence. The addition was built without the benefit of a building permit and is too much development for this R-2 site. The footprint of all buildings is 2,671 square feet; the floor area of all floors is 3,311 square feet; the lot is 5,350 square feet. Denial of the rear ground floor addition would mean that light and air could be provided to the 2nd unit bedroom, kitchen and dining room and the 20' rear yard would remain. Granting of these variances will add a game room and dining room but will almost entirely eliminate the rear yard open space. This is a self imposed hardship. APPLICATION NUMBER ' 92- 29 June 1, 1992 Item# 4 Page 1 07/07/92 92- 601 )NINO BOARD At its meeting of June 1 19929 the Zoning Board adopted Resolution ZB 58-92 by a vote of 8-1, approving the above. One PROPONENT and two OPPONENTS were present at the meeting. Two replies in FAVOR and six replies AGAINST were received by mail. CITY COMMISSION At its meeting of July 16, 1992, the City Commission continued the above. w 92- 601 11W ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 92- 29 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. June 1, 1992 item/ 4 Page 2 05/19/92 92- 601 "•dam • i • Miami, FL ry a June 4, 1992 � r Hearing Board Division N CITY OF MIAMI 275 N.W. 2nd Street Miami, FL 33128 Mrs. Teresita Fernandez: Pursuant to Article 20 of Ordinance 11000, as amended, I, Mr. Vicente Sierra hereby appeal the decision of the Zoning Board on June 1, 1992, of granting variance for the property located at 501-03 N.W. 25 Court. The variance application and plans submitted to the City of Miami was for a variance to allow a rear yard setback of 7.6 ft. (20.0 feet is required). Please do not hesitate to contact me if there are any further information or details required concerning the above -mentioned property. Respectfully yours, Vicente Sierra z. r _ 92- 601 .. _ t! .. ' • . i ! _ •, � i• • , �,.; . t .^ ... 41 M � 1j N w 9dW -71 •"'„ t V 13 14 3 It• e 3 11 6 It 11 1v E lot .,A •c I Z I •e n z N • I 1 • Ctua•fL u ' 3 : !i ' 3 • •� ! 9 •,. 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I H Ito t !: • �• ;♦ I. p• IOnI i •• •• •• >r •c u t ► t ' Ir •• tr •lo •• 1 •• ' •y T. • N W. 3 �y ISO � t _ s+• !.s ? so• loos tse t!1 an t0• • W 5 It s•! >,.• sot so• Its t!: v tte t ttt t Its 1 logo i•t 300 no 1" t!• 63 its 3 333 348 141 it0 137 t!• tw tt! 17 �+ 1 13 M .1V 10 t • ]!• s!3 stt its ts• t.• trt all ' !!t !•I• sit Still tot to sea M 13 1 . �!• Us 11� t't tot i.i PIL clogo )f0 We! !•I ..1.• .� s•: loos ::3 : 1t : :•t ..• t _iw! I log r �f � .• ,.,.(<••�i�7 �••..! � DPP` � :. } ' yo: f� < yO { N � n P5771'ICN FCR VARIANCE File NNIMMONS&umber V-0` =4 A variance is relaxation of the terms of the ardthance Where sic acsioa -welt not be contrary to the pubUc interest and where, owing to condltioe pecuiiir to the property and not the result of actions of the applicant, Moral e194rcoment of this orainance w"d readt to unnecessary, and undo h rdship on the praperry. As used in Ws ordinance, a vmr wwe is wahorUed• onty for hei^ area. sise of sa=tun, dtffi tons of 7amds and other open spaces aced offstreet Aarwny or toodlnp re,arernents (Section 3101) i,�Ip X 0 !a J: k 4 ,i ! . hereby petition the City of Miami Zoning 8oaro for o variance trwn the terns at Me "Zoning Ordinance of the Cty of Miani," offeesing property located at To 1 N C. T Miani, as specified below. in support of this applicatlon, the following material is submitted with this opplieatiane 1. Two copies of a survey of the property prepared by a State of Florida Registered Surveyor. 2. Four tropics oh the site plan :hewing (as required) property boundaries, ocisting Of any) and proposed structure(s), perking, iandteapin g etq building eleaations aid dirne colons and coirtp Actlons of lot arse (grass cnd nets, building spocing, LUI ratios, and height envelope. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4aWq attach to aMiention). 4. Certified list of owners of real estare within 377 rodius from the outside boundaries of property covered by this application. Worm $413 and attach to applications v' S. At least two photographs that snow the entire property (land an.! Improvements). 6. Other (SpWY) 7. Fee of to apply toward the cost of processing, based of the followings (a) RS, RC-1 (resi dents a 1 uses) $ 200. 00 (b) For penetration of Plane III by antennas and the like $ 500.0 0 (a) All other applications for each request variance $0.0 7 per sq.f t. of floor area of building(s) from the ordisianee minimum - $S50.00 W Surcharge equal to applicable fee from (a)-(c) above, not to exceed $550.00, to bo refunded if there is no appeal. (City Code . Section 62.61) 92 6o, 7 a (c) Literal interpretation of the provisions of the Zoning ordinance would Wecr,ve the cpplicant of rights commonly enjoyed by other properties in tie sore Zoning district under the terms of the toning ordinance and would vorx unnecessary and undue hardships on the petitioner in than AK re oe lone 7- c*i �te o� b I 'vWv ee:W L (Pu I IC W 7-/0, 1' r vd�' r'5 0 0e- Dvw "' -roe- wv 2 0 0 o►os oe-f OC,,** 4 Dv P9 OrV0.eA-e Al s 7 Mw c,71 Nq ,g ti 9 GD Arlo•v v Q L (a �o �� c v ` y �-�a •i r TO no so INC go ?-M.e 12i L T'yc 6Pv / 4 D/NCI p UQCA�A3� f V : 3 J (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures In the same zoning district in thvts *"7A is p ,lam 4 j ,S ,y v his 7 i AMs PC) PIC 49>e jve i7 h 60fC 70 7 S eo ,v I AIG L o7 Cc veq K-9 4 .e 10.v G S.o7 O Oc Aer Re I / / /fie •y+-h,r S . -r7l 6116 C A140 Ar U ec' .O sect Owe d� 7-,7401P. Gc.s k,-j u( b `44ve r* z :5 ,O-ot 5 7 v A0T/ v U J 6 v T u L d Qe 11 ou. a d et© leoe 00 o �N�T �✓ y".� �f c,1s�, (e) The variance, if granted, Is the minimum variance that will make possible the revsonoble use of the land, building, or structure in thats e vA/li OYA IC-WS 4.vv1 Cb 0A/4 dc& U S Tn Jia a,A/ %�j.� Ov l9GExo- -o93 I T r`--- i0ferAoT4 Y E�'s <-v Cr iOle v 'V or e L l'P� "To No T '9�e- To p-Ps?avy Pwa r vQ v 92-- 601 STATt Of rzooj mD s' COUNTT O! Dun } � a sdloss se, the undersigned authority, this do persipally appeared 9 J �_ d-rtrh ��- - vhn b@L S*F M first duly swerap upon oath, deposes and sales • I. Thst he is the owner, or the legal representative of the owner, submittLaq the accompanying application for a public leasing u required by OrdLaanee 11000 0! the Code of the City of alarm, floride, effam"I the seal, p ornty located in the City of Must, as described and listed - oe Wo page attached to this .. affidavit and made a part thereof. 3. V"t all owners which he represents, it any, have glees their toil and oosplete pesulasion for him to sort in their behalf for the champ or modslle:atios of a classification or regulation of :oaieg as set out is t e secampanting petition. 3. that tLe pages attached hereto sad lade a past of this affidavit ieetais Wo cusrest nasMss, VIWLUg addresses, phone numbers and legal dese:siptiona for Ww seal property which he is the ewers at legal representative. 4. TM facts as repreaeated in' t!e application and doCa■ents subaLttod in conjmetios with this affidavit are true MA Correct. turtbsr hlfL at sayeth not. sworn to and subscribed before M this 2.d4day of �3�l,191Z Y � otat7 le, S«ate of llorida at Large XY Cromia icLanaXPL" se �ao!'r!a�arw,w rr.wr 92- 601 i• �i: daaQ10e1Gn and att7e! aci3seas vs" eaa)ees :eel pltipeet'y1 Lat 4 zr o L C2 Sv3 �� eSGr- �� STD IJ uEr4 EI rS n4 4 7- I. .*AsrM of anb" CUL9�l! rep and percentage of aw nhip. Notee Citp of MUM Ord��o is V- vQ*Um disdown of all pasties aa� a finaeeiai intone&. either dint oY inditsat• in the as lent U- n r ad a preeeaeationt comese or petition, to the City CasissiOn• Ac°adimlY► gwsttm 12 cures diselMn of ail shareholders of aoepeeaau". benal3CUWiae o9 trwts. and/es Wt otbee intasestad paetir► tcl*'% ie MA their often and ProgilltUri" i94sest• 57 C) S Sv /S/ re< A...' Alt. 3S Jz � =3 v ]• La*aL dasxsiptim aad street addrew of my real peopestp 714) onnnd by am! PMT listed in a to "UMM oaf and (b1 l�osatl vimia' . 373 fern Of that sweet seaL p mpw". 4/v1-/6 � cr rtarm► I Asa ccaM Cr aces 1JcjvG.I Af 6&r1 AtD/;0 �Lo s At U_ a Ir 3 t4 D 4,0 , bsdA dkdy sm• ds�osas d ap s. ae is veer1 tA&ZAMAY COW alassf a9 t!a rMi psopes T damtbw in ammm to ¢resales $I* amm an pa ties aced the DoMeiA si s and On tha s as tsoa oaf amMlatst arA ( l aasfnf • a MMW toe WAW91 that tie ties AtWMt%T to eOMM tMW Oicdro M a[ OWUMN ip Dos os bdm" aE an a m, ? "Cava/ 7-14 •Af .444'r,fro ..D,4/,t (mil 51�111 'm JIIO _ beDaas sa t!� day of ,�r.4.,..., �z 92- 601 1�'TMQ OIaM,It ffAl[ O I��A - �L/QLGC...P _ w ri :7fD Wes WIND Ms. lba Morales of fared the,- ollowing Resolution andoved its adoption. RESOLUTION zB 58-92 AFTER CONSIDERING THE FACTOR-7 SE. FORTH IN SECTION 1903.1 GF ORDINANCE 11000, THE ZONING =_DARD GRANTED THE VARIANCES FROM ORDINANCE NO. 11000, AS A.ME'= , THE ZONING ORDINANCE OF THE C17Y OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULAT--ONS, R-2 TWO FAMILY RESIDEN ILAL, PERMITTED PRINCIPAL USES, TO ALLOW A REAR YARD SETBACK OF 7.18' (20'- 0" REQUIRED), A BUILDING FOOT,RINT OF 40.47% OF THE GROSS LOT AREA OR 2,671 SQUARE FEET (40% OR 42,640 SQUARE FEET ALLOWED), AND A ROOF OVERHANG 5.8' FROM THE REAR PROPERTY LINE (17'-0" MINIMUM DISTANCE REQUIRED FROM THE LOT LINE) ACCORDING TO SECTION 9C8.3, FOR AN EXISTING ADDITION TO THE REAR UNIT OF A DUPLEX RESIDENCE. VARIANCE ALSO TO ALLOW A PROPOSED PARKING STALL AT THE FRONT PROPERTY LINE WITHOUT THE 7'-6" REQUIRED BY. - SECTION 908.10 FOR THE PROPERTY LOCATED AT 501-503 NW 25 COURT ALSO DESCRIBED AS LOT 42, AUSTIN HEIGHTS (11-42). THESE VARIANCES HAVE A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND ARE SUBJECT TO ONLY TWO (2) UNITS, THE REMOVAL OF THE THIRD SINK, AND THE CITY OF :IAMI INSPECTORS TO BE ALLOWED TO INSPECT THE PROPERTY AT ANY TIME D;:RING BUSINESS HOURS WITH REASOt.ABLE NOTICE. Upon being seconded by Mr. Ronald Fox the motion was passed and adopted the followLng vote: AYES: Ms. Morales, Basila and Nodal -Perez Milian, Sands, Alonso-Poch, Fox and Barket NAYES: Mr. Luaces ., ABSENT: None. Ms. Fernandez: Motion carries 8 to 1. June 1, 1992 Item 0 4 Zoninlz Board g 601 - :Adl-: Vljy.. CODE ENFORCEMENT BOARD CITY OF MIAMI, FURIDA FINAL ADMINISTRATIVE ENFORCEMENT ORDER THE CITY OF MIAMI vs. Case No. 01.2230 JOSE A 6 NOUDA M BUSHOID SBOS SW 131 TEAR MIAMI, FL 33156 Nearing Date: December It. 1991 The Code Enforceewnt Board has found you guilty of violating: Ord. 11000, as mended; Art. 2, See. 200; Art. 24, See. 2401; Art. 4, Set. 401, Schedule of District Regulations. Art. 21, Set. 2102 - Working without a pernit, building and/or roofing, etc. Art. 21, Sec. 2103.1 - No Certificate of Use. Art. 4, Sec. 401, Schedule of District Regulations - Illegal units. # on the following described property: AUSTIN HEIGHTS (11-23) LOT 42 501-03 NW 25 CT Mimi, Florida You are hereby ordered to correct said violation by 03/21/92 or within days of receipt of this order. If you fail to comply by said date, you will thereafter be fined the sum of S1SO.00 per day. to addition, you are ordered to pay administrative costs in the sum of $50.00. It is your responsibility to advise the Code Enforcement Board within 24 hours after the violation has been corrected. A certified copy of this Order my be recorded in the Public Records of Dade County and thereafter shalt constitute a lien against the above referenced property, or if you do not own said property, against any other real or personal property that you own, for any unpaid fines or adNnistrative costs. Should you have any Questions regarding this Enforcement Order, or if you wish to advise the Code Enforcement Board that the violation has been corrected, please call Eddie Borges at 979-6800/24. Date: �'Z City of Mimj Code Enforcement Board Receipt is acknowledged of a copy By: 1 of.this Enforcement Order,on this GIYWFox i & - day of . / : , 19.b Per: Lourdes Stewart/Sent Via Regular and Certified Mail 9 2 -.. 601