HomeMy WebLinkAboutR-92-0688J-92-706(b)
10/ 22/92
RESOLUTION NO. 9 2- 688
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING THE VARIANCE FROM
ORDINANCE NO. 11000t AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-2 TWO FAMILY RESIDENTIAL,
PERMITTED PRINCIPAL USES, TO ALLOW A REAR YARD
SETBACK OF 5'-5" (20'-0" REQUIRED) FOR THE
CONVERSION OF AN EXISTING ACCESSORY STRUCTURE
INTO A SECOND UNIT OF A DUPLEX RESIDENCE FOR
THE PROPERTY LOCATED AT 3329-3331 NORTHWEST
24TH AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), ZONED R-2 TWO FAMILY
RESIDENTIAL, SUBJECT TO THE CONDITION THAT THE
APPLICANT PAY THE CITY OF MIAMI THE DIFFERENCE
BETWEEN THE TAX PAYMENT DUE FOR THE PROPERTY
AS A DUPLEX RESIDENCE AND THE TAX PAYMENT DUE
FOR THE PROPERTY AS A SINGLE FAMILY RESIDENCE,
FROM THE DATE THAT THE APPLICANT BOUGHT THE
PROPERTY AND THAT THE APPLICANT OBTAIN ANY AND
ALL NECESSARY PERMITS FOR THE PROPERTY,
SUBJECT TO THE APPROVAL OF THE LAW DEPARTMENT
OF THE CITY, 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
September 21, 1992, Item No. 1, duly adopted Resolution ZB 102-92
by an eight to zero (8-0) 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
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92-
6��
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 the
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, R-2 Two Family Residential, Permitted Principal
Uses, to allow a rear yard setback of 5'-5" (20'-0" required) for
the conversion of an existing accessory structure into a second
unit of a duplex residence for the property located at 3329-3331
Northwest 24th Avenue, Miami, Florida, also described as the
South 70' of Lots 14 and 15, Block 3, NEW HAVEN, as recorded in
Plat Book 6 at Page 184 of the Public Records of Dade County,
Florida, Zoned R-2 Two Family Residential, said variance having a
- 2 - 92- 688
time limitation of twelve months in which a building permit must
be obtained, is hereby granted, subject to the condition that the
applicant pay the City of Miami the difference between the tax
payment due for the property as a duplex residence and the tax
payment due for the property as a single family residence, from
the date that the applicant bought the property and that the
applicant obtain any and all necessary permits for the property,
subject to the approval of the Law Department of the City.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 22nd day of October_, 1992.
AVIER UAREZ, MAYOR
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
• • A LI
M3193 : IMPVra
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ZONING FACT SHEET P Z
j LOCATiONiLEGAL 3329.3331 NW 24 Avenue
The South 70' of lots 14 & 15, Block 3, 49W HAVEN (6.184)
APPLICANT;OWNER John Pena, President of Tuto
Construction, Inc.
3329 NW 24 Avenue
Miami, Florida 33142
397.0393
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 S'-S"
(20'.0" required) for the conversion of an existing accessory structure into a
second unit of a duplex residence.
RECOMMENDATIONS:
PLANNING, BLDG i ZONING Denial. ;
PUBLIC WORKS No Comments.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No Comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 91-1253 Last Nearing Date: 09/25/91 Found: GUILTY
Violation($) 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: Found guilty accepting City's findings of fact; comply by
10/31/91; $SO Administrative Fee; $150 per dial.
HISTORY
ANALYSIS There is no hardship to justify the requested setback variance for an existing accessory
structure which is being converted into a second unit of a duplex designated lot. The
structure was built without the benefit of a building permit. The required rear yard
setback should have been provided. There are no special conditions and circumstances which
are peculiar to the land, structures or buildings involved, which are not applicable to
other lands, structures or buildings in the same zoning district. 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- 688
APPLICATION NUMBER 92- 52
September 21, 1992
Page 1
Items 1
09/08/92
ZONING BOARS At its Itkating of September 21, 19920 tl{ Woning Board adopted
'? Resolution ZB 102-92, by a vote of 8-1, recommending denial of
the above.
i .
One PROPONENT was present at the meeting.
One reply in FAVOR was received by mail.
ANALYSIS OF PROPOSED VARIANCE
APPLICATION NUMBER 92• 52
Yes. NO N/A
X - Special conditions and circumstances exist which are
peculiar to the land, structure, or building involved
and which art 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, it 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.
Septeow 21, IM
Ito* i
Page 2
92- 688
Teresa L. Fe1Twd9Z
rd= zoning Dept.
275 W 2 Street
Miami,, Florida 33128
I?
IM3 AM. Not 92-52
3329-3331 NW 24 AveMA
Miami, Florida
By Present,
i would like to request former appeal to cmw--092-52 that 'A
denied by Rearr Ig ', Zoning Board on September 21, 1992.
ptespectfully YO=v
C/. cmawomck
=4=0
th
Mr. Arsenio Milian offered the following Resolution
and moved its adoption.
I
RESOLUTION 2B 102-92
AFTER CONSIDERING THE FACTORS SET FORTH
IN SECTION 1903.1 OF ORDINANCE 11000,
THE.ZONING BOARD RECOMMENDED DENIAL 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 5'-5" (20'-0" REQUIRED) FOR
THE CONVERSION OF AN EXISTING ACCESSORY
STRUCTURE INTO A SECOND UNIT OF A DUPLEX
RESIDENCE FOR THE PROPERTY LOCATED AT
3329-3331 NW 24 AVENUE ALSO DESCRIBED AS
THE SOUTH 7 0 ' OF LOtS 14 AND 15 , BLOCK
3, NEW HAVEN (6-184j PUBLIC RECORDS OF
DADE COUNTY (PRDC).
Upon being seconded by Mr. Ronald Fox the motion
was passed and adopted by the following vote:
AYES: Ms. Basila, Perez -Nodal and Morales
Fox, Alonso-Poch, Milian,
Moran-Ribeaux and Sands
NAYES: Mr. Luaces
ABSENT: Mr. Barket
Ms. Fernandez: Motion carries 8 to 1.
September 21, 1992 Item # 1
Zoning Board
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P!T'O,'Cty FCR VARIANCE File Number V•$
A variance is retatatton or the terms of the &%Mance where awkiletion vnli not be
Contrary to the publta (merest and where, owl to conditions peeutfor to the
property+ and not the resift Of actions of the applicant, itta t dvorcement of this
anainance cooed resift to wmecemary and undue hardship an the X*erty. As used to
this ordinance, a vaMance Is awthartsed. only for height, area6 sUs of saucUM
dlmvmons of yards vW other open "as and a/fstreet aorwng or toadtnq
roodreme"& (Stetson 3101)
1, John Pena at 3329 NW 24 Ave hereby petition the Chy of Miami Zoning
woo or a variance rwn the ferns o t "Zoning Ordlnonm of the City of Miami,"
offeoting pr0petty located of Mlarni, ae
spReified below.
In support of this application, the following material is submitted with this oppticatians
1. Two oepies of a vr4ey of the property prepared by a State of Florida Registered
Land Surveyor.
2. Four copies oh the site plan :hewing (a required) property boiWariels, e3dstVq
Of MY) and proposed stnwhx e(s) oQkh b 1an - in Iping, etq bu wbv elevatfenr
OW dtn+enaions and eornpvtotions of lot area (grass a'd rat
4 building :pacing, LVI
ratios, and height Wmiape,
` 3. Affidavits dlsefostng ownership of property Covered by appiicotlon and disclosure
Of interest loan (Form W13 and 4GA attach to application).
4. Certifted list of ownees of red estave within 37P radius from the outside
boundaries of prapertr covered by this opptieatlon. Farnn 6-43 and attach to
applieatta�.)
_,,,_ S. At least he photograpfr that snow the entire property (lane an.1 improvements).
S. Other,
` 7. Fee of to apply toward the cat of prewcwe i rig, baood of the following
(a) RS, RC•I (resident al iises) SZ00.00
(b) For penetration of plane 111
by antennvs and the like $ 500. 00 r7
(c) All other applications toe
each request variance $0.O 7 pee lq.tt. of floor area of buildinq(s)
iron+ the ordinance n�in+inwr�s • 50.00
(d) Surcharge *"i to applicable fee frwn (aWc-) above, not to aweed P0.O4
to 150 refunded it there is no appeal- (City Code . Seotlon 6241)
'� 92— 688
•
....� W Literal interpretation of the provisions of the toning ordinance would :e:r;ye
the coplicant of rights cermnWly enjoyed by other properties in .-e scr�•e
zoning district under the terms Of the Zoning ordinnnose and wouia �►orK
unner.&Uary and undue hardships on the petitioner in thou
,�s TvSf�T� S i NC•� i+►'io�3i'' G � rM� P'1'�•f��t
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(d) Granting the variance requested will not confer an the petWoner any special
privilege that is defied by the Zoning Ordtnanoe to other er+ds, buildings, or
strictures in the own toning district in then
W,` W -T' JW. '5r,000 1>1 MA !,.o b-" Cyr i V>
(o) TM varlanoe, if gmtod, is the rnininwm variance that will make possible the
reaeonoble use of the land, building, or structure in that:
L IV04eo PAC i I-i� THom i t- C*A
,try 4ML04 R.t.. %( CO ft-M- TAT
92- 688
L The Variant remiested is for relief from the Wavisions of 5ee�tion �f
.�.. the City of Miami Zoning Ordinance as foilcvm
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I. in support of this application, the applicant is premed Wthe
ffor.) following
evidence. an the point enumerated at Subsection 3103.1 C? of Miami
Zoning Ordinance
Not&• TM appUcation come be accepted for Za ft am =am urll*4 lt of the
rouoWLV Ax Ita a are computed. -Q "-
(a) Special conditions and c1rc~QWu exist which are pocullc r to the land,
structure, or building involved and which are not applicable to other landsq
stnx•tures, ar buildir+gt in the Sarno ioNnq district in than flirt rAdsnee to
be produced and use addition d shesuh V noeesearya
o4 :o Tl*o�aT =-r...i e�.T
O'er w % T oiit +4�
A. Sv�Twta4T i W *ftT
Ate-
ib) The special conditions and circunnstanew do not result front the actions of
the petitioner in thou
Wes- u'�>T� Nto T.,VFk -To Pome 404e;�. .
92-.
....r.• ( Tn@ grant of the v+atianee will be in harmony with the W*rai intent
purpow of the Zoning Crdinanem- grad will not be injuriow to tie
neignbornoods or ottIGMss detrirmental to the Wbiie weifarL
444
Notes All C160 rtentsl reports. stde4 esfd u or othr written or grgNe rt3atertat :G b•
s bmuted to the tontnq 8oerd AUU be =Mtttsd with Lftu apptleattom
Signature / u <<�
ore AutnWI o AqW
Nam John Pena N p
Addrm 3329 NW 24 Ave •,;_�;
STATE OF FLORIDA) SSs N ~'
COUNrYOF0ADE ) John Pena President of Tuto Constwctiot�
bekq 4* :wer41,
answrr "q~Ien 01, dwv" that hat read t!w foregoinq Wff*We a+ O
true and C&Vlete; and Qf Go" at qW* for owtw) that he has authority _ �
petitlon on bWWf of the owner. •�
SWORN TO AM SMCRMW
before me this 2 3
October '�"'�29
MY COMMISSION WIRES: - -
enr+ Pam iTIF ' I AMID►
• ommm to. 1W.Usim
ytw tsae tn. Mo. ..
Form 1.83
John Pena
8TUT Adte nr r
in COM133tal Up. W
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Comm 0! "Do } „
NlOse as, tw wfdosriaMd aethesity, ehir da3�psssenaily
appoasod
:ahn ?ens 4refidenc of beuw by M first
duly swesa, "*a e4th, deposes aM 897e1
1. %st be is tae ovals, Of t!w lop, sepsesentative of
the ovaeu, earittia0 um i-ecomweayia4 appliesties for a peblie
bsasiao u sopisod by Osdiaaaeo 11000 of taw coo of w City of
Kira, tlosida, site"" w seal psepasti lmeatmd is ew City
Of Kiasi, as aseesibod sad listed oa w page attaebed to this
affidavit aM aade a part thssoet.
3. !vet all smalls SAisk he sepa"essass, it sat, gas ,
gi"a this tail aM eawlete powasisa !es k!a to art is their
bowlt for ON swap es rdi=Native of a slsreitieatiea os
se*aia.Los of SMW as sat sat is w mcgm mL" potitioa.
3. Ilat w paps attaebsd hassts aM me" s past o!
this alliYeLt isMtais tM eesseat errs, aMliM aadsossss,
paw =MOWS ad lout desesiptieae for w seal peepesty "web
he is tar ears of iMal repsesoetativm.
0. Iw !MU v sNse-SAUM is tao aNliaatiea am
dee�rsats saaaittsN is epjsaetiM "t� t� allidaeit are tsos -
MA tersest.
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92-706(a)
/7/92
RESOLUTION NO.
A RESOLUTION AFFIRMING THE DECISI OF THE
ZONING BOARD AND DENYING THE V ANCE FROM
RDINANCE 11000, AS AMENDED, THE ZONING
0 INANCELE4OF THE CITY OF MI I, FLORIDA,
E
AR C, SECTION 401, SCHEDU OF DISTRICT
15
R-2 TWO FAMI RESIDENTIAL,
REG\AVENU
PERNCIPAL USES, TO LOW A REAR YARD
SET5'-5" (20'-0" QUIRED) FOR THE
CONAN EXISTING CESSORY STRUCTURE
{
INTD UNIT OF A PLEX RESIDENCE FOR
THE LOCATED AT 3329-3331 NORTHWEST
y
24TMIAMI, FLO A (MORE PARTICULARLY
DESREIN), Z ED R-2 TWO FAMILY
RESIDENTIAL.
WHEREAS, the/IteNo.
oning Board at its meeting of
September 21, 1992, 1 duly adopted Resolution ZB 102-92
by an eight to oneote, nying a variance as hereinafter
set forth; and
WHEREAS, th applicant has to n an appeal to the- City
Commission fro the denial of the varies e; and
WHEREAS the City Commission after c eful consideration of
this matt finds that no peculiar circ tances exist which
impaINOW,,
e owner's right to some reasonable us of the property,
and no other basis upon which to grant a va ance;
THEREFORE, BE IT RESOLVED BY THE COMMISSI OF THE CITY
, FLORIDA:
._ i