HomeMy WebLinkAboutR-91-0090J-90-1046(a)
1/24/91
RESOLUTION NO. y 1 T 90
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 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 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 TIGERTAIL AVENUE, MIAMI,
FLORIDA, 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 THE TERMS OF
THIS VARIANCE; 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
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
forth; and
WHEREAS, the Coconut Grove Civic Club 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:
CITY COMMSION
NEET IG OF
JAN 24 1991
RESOLUTION No. q
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 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 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 Tigertail Avenue, Miami, Florida, 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, 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 ADOPTED this 24th day of January
,
�VXAVIER L. SU MA R
ATT T:
MATTY HIRAI, CITY CLERK
•
PREPARED AND APPROVED BY:
v UvAbvo. M up-\
G.M'IRIAK MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
JO GE L. F RNANDEZ
CITY AT=XNEY
GMM/rma/M1926
- 3 -
91- 90
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ZONING FACT SHEET
LOCATION/LEGAL 2750 NW 7 Street
Lots 13, 14, a 15
GROSSE POINTE HIGHLANDS (34-82) P.R.D.C.
APPLICANT/OWNER Kebra Enterprises, Inc.
C/o Marta Luis
1231 SW 27 Avenue
Miami, FL 33135 Phone 643-0808
ZONING
Lucia A. Dougherty, Esq.
1221 Brickell Avenue
Miami, FL 33131 Phone 579-0603
C-1 Restricted Commercial.
REQUEST Special Exception as listed in Ordinance 11000,
as amended, the Zoning Ordinance of the City of
Miami, Article 4, C-1 Restricted Commercial,
Conditional Principal Uses (4), to allow the
construction and operation of a drive -through
facility for the Republic National Bank located
at Approximately 2800 NW 7 Street, subject to
City Commission approval.
RECOMMENDATIONS
PLANNING DEPARTMENT APPROVAL SUBJECT TO LANDSCAPE PLAN ON FILE. AND
PUBLIC WORKS
DADE COUNTY TRAFFIC
AND TRANSPORTATION
. I7V46..4.. wnanv VrUr%n1 ARM "WWWW. Kell pf VF Wait
drive -through facility will Rave no negative
impact on the surrounding neighborhood, should
the aforementioned conditions are followed.
No comment.
No comment.
•
s
ZONING BOARD At its meeting of December 3,1990, the Zoning Board
adopted Resolution ZB 112-90, by a vote of 8-0, sub-
ject to City Commission review. granting the above.
One OPPONENT, and nine PROPONENTS were present at
the meeting.
Two replies AGAINST, and six replies in FAVOR, were
received by mail.
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APPLICATION FOR A CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION
Fife Number OSE-83-_, .
Within the City genw-Wiy, or within certain zoning distrtcts, certain structures, uses,
and/or occupancies specified in this ordinance are of a nature requiring special and
intensive review to determine whether or not they should be permitted in specific
locations, and if so, the special limitations, conditiom and serf eguatds which should
be applied as reasonably necessary to promote the general purposes of this Zoning
Ordinance, and, in particular, to protect adjoining properties and the neighborhood
from avoidable potentto;Uy adverse effects. it is further tntended that the expertise
and ft*ement of the Zoning Board be exercised in making such determinations, in
accordance with the rules, comderationf and limitations relating to Class D Special,
Permits and Special Exceptions. (See Articler?d,l.
Formal public notice and hearing is not mandatory for Class D Special Permits, but Is
mandatory for Special Exceptions. In 'other respects, these classes of Special permits
we the saute.
The Zoning Board shalt be solely respamObte for determinations an appiications for
Class D Special Permits and Special E=ceptioas. All applications to these class" of
special pumtts shalt be ref erred to the dtreetor of the Department of Plamling for hit
'recommendatlons and the director shad mad" arty further referrals required by these
regulations.
hereby apply to the City of
approval ot, Cho= one:
_.._ Class 0 Special Permit
.`. Special Exception
for property• Iocated at N.W. 7 th Street between N.W. 27 th and N.W. 28th Avenue
Miami.
Nature of Proposed Use (Be spectftcl ,ec al Exception to permit a
drive through facility for a financial institution with City
Commission approval.
attaQi the failowing in m=crt Or exoiare;tian of •tuft appsicatia�ra
I. Two stino" of me prom rypad by. o: 5tam of Florida Regitterse�.LWA
, .
L For copies ch site plan tuswiM (at ceoviricl) prepern► boes+oaries esastinq an
i�po'ed stssisi. parsing, latittg, sanlee:inq, eta wilding eieratiocn (if
A4 is W with dunntions an aa MUG-6:iant of lot alas tyro: and net). W1 calla:
(open spoea. now MV&;crici %% ete.2, building op imi 1 g ona hm4r, erevv�e.
S" seams u04=0.
„".3. Affidavit di=Jotin4 ownership of pcoM1"y eoversa br application aui dLicim of
Worm form (f'wm 4.43 ona a=Ck to apt
a• Certtiied list of owners of ramaiestate within 3W radian from the outside
b NVI ins of property covered br this appii (Sae Fans 6-83 and attach to
x L At teats two pimogrgi that slur the white property► band and lrnpeoveenenss�.
6. Other () Power of Attornev
T. Fie of5. 1.300.00 bond anfa inv
(ov Ctaa 0 $450.00
6) SAS Ematian SM.00
(a) Suee:sarge eavai to appiia®ia fame from (a) or (b) above not to =wo d $650; to
ba refefn if there e'f no qwed may Cods seeci t "41L
Sipasare
11R7:� AiAlnnZW Ii�!=
NNIM Lucia A. Douvherty
Address 1221 Brickell Avenue
CISy, Stah Mp Miami, Florida 33131
Power (305) 579-0603
STATE OF FLORMA 1 SIG
COUNTY OF OACM )
coma ana saw that Re is me
atom Mat he has rem tt.& foregoing answers ana itFi7m
(if acting as agern for owner) that he has authority
behmf of the owner.
being duly sworn.
at the rem prom ry deuri
me sanw are true and =ttpiete; and
to examte this application focal an
91— 88
16
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SWORN TO ANO SUBS Lucia � A. Dougherty
before me this /C _ dos,
tatsaa at Larr"
My COMMISSIM E e,
KY clT':$::" . i:.
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4rtT't t 0�83
STATE OF FZa=k)
SS. -
COUNTY OF DADE )
Before me, the undersigned authority, this day personally
appeal Lucia A. Dougherty , who being by rre first duly sworn,
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
owner, submitting the accomp,tyn'ng application for a public hearing as
�� 11 e_oo c.�'°
required by Ordinance No. 0 o hs 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 raambers 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.
(SEAL)
(Name 1
Lucia A. Dougherty
Sworn Lo and Subscribed before me
this la
=_ day of �19_l0.
Nota y Public, State of Florida at Large
Nty Ca:mission Expires:
OWNER'S LIST
Owner's Name Kebra Enterprises, Inc.
Mailing Address c/o Marta Luis, 1231 S.V?. 27th Avenue, Miami, FL 33135
Telephone Number (305) 643-0808
Legal Description:
Lots 13, 14 and 15, GROSSE POINTE HIGHLANDS, Plat Book
34 at Page 82 of the Public Records of Dade County, Florida
Ownar' s ►rame
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number_
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address Legal Description
NONE
Street Address
Street Address
Legal Description
Legal Description
ib i
1. Legal description and street address of subject real propbit:�a
Lots 13, 14 and 15, GROSSE POINTE HIGHLANDS, Plat Book
34 at Page 82 of the Public Records of Dade County, Florida
N.W. 7th Street between N.W. 27th and N.W. 28th Avenue
2.. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
iFaving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Kebra Enterprises, Inc. is the sole owner of the
property. L ` `O�
Ibrahim Alvarez is the sole Director/Officer/Shareholder of
Kebra Enterprises, Inc.
c/o Marta Luis
1231 S.W. 27th Avenue
Miami, Florida 33135
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located within ,
375 feet of the subject real property.
None
STATE OF FLORIDA ) SS:
COUNU OF DADE )
V
ildWWI�T0 W
Lucia A. Dougherty
Lucia A. Dougherty , being duly sworn, deposes and
says that ne is the (3d (Attorney for owner) of the real property
described in answer to question #1, abo et that he has read the foregoing
answers and that the same are true and oamplete; and (if acting as attorney
for owner) that he has authority to execute t" Disclosure of Ownership
foam on behalf of the owner.
Ili i SEAL)
(Name)
Swats M AND SUSSED
before me this —
dayof
Notary Publico, Sto of
Florida at Large
STATE OF FIOWMA ) SS :
COUNTY OF DADE )
r
G t Gts}- �G , being duly sworn, deposes and
says "that ne is the duly appointed of ,
the owner of the real property descrioea in amfer to Question $l, move,
that he has read the foregoing answers; that the same are true and com-
plete; and that he has the authority to execute this Disclosure of owner-
ship form on behalf of the owrtier.
S1n'DfRM M AND SUBSCF.M
before me this —
day of COC& _ r9,�Z0
ic, state of
Florida at L 6-9e
MY CONlVUSSIC.tI EXPIRES:
(SEAL)
1 17.7
such a review, the decision of the heritage
conaayation board &lull supersede any ac-
tion of the department of fire, rescue and (b)
inspection services and constitute a final de-
cision subdect to a subsequent appeal to the
city commission.
(a) Zffe rim data All permits for removal of
trees not located in an environmental preserva-
tion district ahaU not become eif'ective until at
least ten (10) days alter the date of approval; and
no removal of a tree or development activity shall
commence on the site prior thereto.
(i) Pc7nit cards Within twenty-four (24) hours
of the approval of a tree removal permit under
this sedim. a--- pis %P%mf copy(s) of such permit
shall be erected in NU view of the public within
five (5) feet of each street side or side nearest it
street of the property for which the permit has
been hued. The property owner shall be respon-
a'ble for ensuring that such permit is so displayed
until the aauthorised work is oaenpleted. (Code 1967,
1 64.7; Ord. No. 8796, f f 1, 2, 6.19-78; Ord. No.
94W. f 1(C), 5-27.82; Ord. No. 9769, 11, M1648)
Sec. 174L Removal of trees and development
aaoltvity within enyiromamemtal prey
ervation districts.
(A) Cv*icote of Appvvi requbed No person,
agent or tepeeseatative thereof, directly or indi-
rectly, shall cart down, destroy, move or effectively
destroy through damaging any tree or other envi-
a mentally significant feature within an envi-
r amentel pe+assrvation district without first ob-
taining a certificate of approval. No person, agent
or asp sssataetive thereof shall commence any de-
vslopmotent activity within an area visible gram a
public way within an eayiroomental pees to vation
district without AM obtaining a caartificate of ap-
pevveal, Awdsrd and apedat, as heninafbwprovided:
(1) Standard certificates of approval may be i}
salad by the heritage coomwvadon aaffioer, with-
out review and approval by the heritage con-
servation board, for the following clasaifice
tions of applications:
(a) Applications for development activity
whsare all eaiobng trees (other than those
Sapp. No. U
(c)
(d)
(e)
1174
covered by (b) and (c) below)
are to be pareterved or relocated on -site.
Application& for removal of trees which
are diseased, injured, in danger of fall•
ing, or interfere with utility service, cre.
ate unsafe vision clearance, or oonflict
with other ordinances or regulations.
Application for removal of trees which
are HOW in section 17-12(c) as ®desirable.
Applications involving tree removal and
additions or modified one to aadsting build-
ing, except where such addition exceeds
fifty (50) percent of the existing lot
Coverage.
Applications involving tree removal and
site iits for existiM buildings
such as but not limited to fences, walls,
patios, driveways, pools, etc.
(2) Special certificates of approval require the
approval of the heritage conservation board,
and include the following classifications of
applications.
1184
(a) Applications for new development involy.
ing removal of existing trees from the
site or alteration of other environmen.
tally significant features.
(b) Applications for development activity or
tree removal not listed in paragraph (1)
above as elide for a standard certifi-
cate of approval.
(c) Applications referred to the heritage con.
seervatioan board on appeal hom4 decisions
of the heritage conservation o fioea<.
(0) AppheaboRs All opplicstions for a cealtificate
of approval within environmental preservation
districts shall be initially made to the heritage
caosearvation 1 M -1 . Applications shall include the
following and shall remain on fie with the city.
(1) An official, application form, including all re-
quested information signed by the property
owner.
(2) A certified tree suz vey, prepared by a regis-
tered land surveyor or landscape architect,
(except that for developed siaglsfimily and
duplex dwelling units such survey may be
prepared by the home owner). Such survey
0
1 174
ENVMONN3WrAL PREUMVA77ON
&hall show the location of all existing trees,
upon the buildable area and the yard area of
the entire site sa well as all structures, paved
aroma, and natural features. Tree infarma-
tiou @hall be summarised in legend farm and
@ball contain the botanical and common name,
tnmk diameter, approximate height, and w
pr x mate spread of all tress and Undacape
features on the site. Group of trees less than
three (8) feet apart may be designated as
clumps, with the exception that any tree with
a trunk diameter six (6) inches or more must
be spedf rally+ designated. Fa large site aroma
an which dmiopmont activity or tree removal
is to occur on only a portion of the site, the
required tree survey shall exclude those por.
Lions of the site which will not be affected by
the development or the romaval activity. The
heritage conservation offs shall determine
the proper extent of the tree survey.
1174
(c) L cation, shape gad spatial a ftugrament
of all parking areas amid scoe@s roads.
(d) Existing and prapaed grading.
(e) Prapomed utility services.
(f) Setback and yard roquhvnm atL
(9) Existing trees to be removed from the
Ste.
(h) Existing trees to be relocated, including
positions before and after relocation.
(i) Existing trees to remain in position.
Q PrUndaoaps plan indicating loca-
tion, common and botanical name, cali-
per. height, and spread of all proposed
new tram and other plan material.
(k) Signature of a soning iiiapection official
wag Compliamioe with applicable zon-
ing regulations or sped0ing variances
necessary for permitting.
(6) Application fee.
(8) A minimum of two (2) pbotegraphs a4nuatsly (G) Application Review. The heritage con&erva.
showing the general lend&cape character of W'tim aMoer &hall review the application, which
the site and at leant one (1) photograph clearly�'�•' may include a site inspection or referral to other
showing each tree proposeto be removed. ddepartments, and determine whether the type and
mach photograph shall be clearly labeled and extent of the proposed wars fills within the ju-
keysd to the site plan. ridiction of a standard certificxts of approval or
a special certificate of approval.
(4) In cases of applications involving only tree
removal and no other development activity, (1)
the fbllowing information @hall be indicated
directly upon the tree survey:
(a) Existing tress to be removed from4 the
Ste.
(b) Rxistintreo to be relocated, including
position 1, she s and after selocation.
(c) Existing tress to remain in position.
(d) Location, common and botanical name,
caliper, height and spread otall proposed
now trees or other plant material.
(5) Applications involving development activity,
which requires a building permit shall sub-
mit a site plan drawn at a minimum scale of
one (1) inch to twenty (20) fast including the
Wowinv-
(a) Location, aim" and spatial arrangement
of all existing and prropoaoil buildings,
walls, stavetures and natural features.
(b) General location and description of aus-
rounding buildings &red land areas.
sow Na 16
1186
Where an application is eligible for a scan.
dard certificate of approval, the heritage con.
am-,* n afBoer @hall, within fifteen (15) days
of receipt of a completed application, issue
such standard certificate of approval, with or
without conditionsor darw such standard cor-
tiiicate of approval with specified reasons
therefor.
(2) Where the nature and extent of proposed work
requires a. spedal cite of approval, the
heritage conservation board shall hold a pub-
lic hearing and take action within faety4vo
(45) days of receipt of a completed applica.
tion. The board shall either authorise a ape.
dal cwdflc&U of approval, with or without
conditions, or deny such apedki certificate of
approval with &pedfled reasons therefor.
(D) f4rmita No permit for development activ.
itsy or tree removal within an environmental pres.
ervation district shall be issued by the depart-
ment of Sre, rescue and inspection services until
a oertificate of approval has been issued pursuant
9 1 -- 88
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iteSI1/—*Z-30
FOR IMMEDIATE RELEASE Dcj.Etylirai
City Clerk
LIVEABOARD BOAT OWNERS UNITE
Amid continuing efforts by the City of Miami to abolish liveaboards
throughout all of Miami's waterways, boat and property owners recently met
and organized the Liveaboard Preservation Association in an attempt to
counter what they see as a dangerous threat to the historic rights of boat
owners to live aboard their vessels; a right which existed in Miami well
before the city was Incorporated.
At Issue is the city's new master zoning ordinance which abolished all
liveaboards within the city limits. Ordinance 11000, as it is called, created a
furor late last year when boat owners gathered at city hall to voice their
opposition to members of the Zoning Commission.
As a response to the issues raised by boat owners at that time, as well
as an acknowledgement by Zoning and Planning officials that they had erred
by excluding liveaboards from marinas such as Dinner Key where the city
had recently spent hundreds of thousands of dollars to accommodate
liveaboards, the Zoning and Planning Department recently completed a
revision of ordinance 11000 due to be reviewed by the City Commission on
their January 24,1991 meeting.
While granting " grandfather " status to those boats in existing
marinas, the revision continues to exclude large numbers liveaboards from
living on boats within the city limits. Specifically excluded from all areas of
the city are the many housebarges that have in some cases been a fixture on
Miami's waterways for 20 and 30 years.
Boat owners charge that even if everyone wanted to comply with the
new ordinance, which many view as an illegal attempt by the city to impose
their will over waterways whose jurisdiction is in contention between
various state and federal agencies as well as the city, it would be impossible
because there are not enough empty boat slips in the marinas to
accommodate all the boats that would be classified as illegal by the new
ordinance. Additionally marina owners, including the city's own Dinner Key
marina exclude housebarges from their marinas.
91.-- 89
PAB 12/5/90
Item #5
Page 1 of 2
91- 89
In response to these issues, liveaboard boats owners have closed
ranks and formed the Liveaboard Perservation Association to challenge the
ordinance. The Association intends to press their case before the City
Commission at their upcoming meeting on January 24th, and at the second
reading of the ordinance in February. Additionally, the Association hopes to
have a series of meetings with city planning and zoning officials in an effort
to discuss possible zoning variances which would Include more liveaboards
within the revised ordinance.
" We would like to try and negotiate this issue with the city, " the
Association's Chairman stated at the end of the meeting, " but if that fails,
then the Association, as well as all the waterfront property owners will have
to consider a lawsuit against this ordinance. "
The Liveaboard Perseveration Association's new Board of Directors are:
Chairman Al Crespo 633-4596
First Vice Chairman Stanley Haves 758-2319
Second Vice Chairman Paul Kuchukian 633-4338
Secretary/Treasurer Jacqueline Dozier
Board Members
Ron Milbrandt
Stuart Hanley
Tom Schlosser
Tom Doughtery
Brent Peebles
lecol u ill , : • 1
. .. _.- ... �.1 Lil
item o-30
91 - 89
•
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PLANNING FACT SHEET
PZw30
APPLICANT City of Miami Planning, Building and Zoning
Department: October 31, 1990
PETITION 5. Consideration of amending Ordinance 11000, as
amended, the zoning ordinance of the City of
Miami, by amending Article 4 Zoning Districts,
PR Parks, Recreation and Open Space District,
Permitted Principal Use, Permitted Accessory
Use, and Conditional Accessory Use, to recognize
existing marinas and ancillary, facilities and
providing that accessory uses for new marinas
will require conditional use approval; C-2
Liberal Commercial District, Permitted Principal
Use, to allow occupancy of private pleasure
craft as living quarters; Article 6 SD Special
Districts, Section 604 SD-4 Waterfront -
Industrial District, Conditional Accessory Uses,
to permit occupancy of private pleasure craft as
living quarters; Article 9 General and
Supplementary Regulations; subsection 904.3
Exclusion of Specific Uses to clarify that
occupancy of private pleasure craft as living
quarters in all residential districts is
prohibited; and Article 25 Definitions, Section
2502 Specific Definitions to include
illustrations for houseboats and housebarges.
REQUEST To clarify that 1) occupancy of private
pleasure craft as living quarters is prohibited
in residential districts; and 2) in PR,
Commercial and Waterfront Industrial districts,
occupancy of private pleasure craft as living
quarters is allowed or permitted.
RECOMMENDATION
PLANNING DEPARTMENT Approval.
BACKGROUND (Note: This item was continued from Planning
Advisory Board meeting of November 28, 1990).
ANALYSIS The existing ordinance prohibits occupancy of
private pleasure craft as living quarters in
residential districts plus Office and
Government/Institutional districts; housebarges
are prohibited in all districts. In C-1,
marinas and occupancy of private pleasure craft
as living quarters require special exception
approval.
PAB 12/5/90
Item #5
Page 1 of 2
9i-- 89
These amendments would:
1. In PR (Parks, Recreation and Open Space)
districts for new marinas, reouire that
occult ancy of private pleasure craft as
jiving quarters obtain special exception
approval; where marinas are existing,
occupancy of private pleasure craft as
living quarters is "grandfathered".
2. In C-2, allow occupancy_ of private pleasure
graft as living quarters for transients.
Commercial marinas are presently allowed by
right.
3. In SD-4 Waterfront Industrial, permit
occupancy of private pleasure craft as
living quarters by Class I permit. In SO-4 --
Waterfront Industrial, commercial marinas
are now allowed by right.
4. Clarify that occupancy in residential
districts, and not the vessel is prohibited
by subsection 904.3.
5. Add illustrations for houseboats and bouse
barges to the existing definitions.
-- RECOMMENDATION
PLANNING ADVISORY BOARD At its meeting of December 5, 1990, the Planning
Advisory Board adopted Resolution PAB 82-90, by
a 9 to 0 vote, granting the above.
91 - 89
PAB 12/5/90
Item #5
Page 2 of 2
a
C
January 17, 1991
Miami City Commission
City Hall
3500 Pan American Drive
Dinner Key
Miami, Florida 33133
The undersigned are aware that on January 24, 1991 you will
consider an appeal to the granting of the zoning variance requested
by Mr. and Mrs. Danly at 1917 Tigertail Avenue, to allow the
construction of a carport approximately four feet from the street on
Tigertail. We further understand that Mr. and Mrs. Danly desire to
construct the carport out of wood consistent with the architecture
of their home, that they do have a right to erect a carport without
obtaining a variance if it were "temporary" (i.e., made out of
canvas or aluminum), and that the carport will be placed behind a
coral rock wall the owners constructed over the course of the summer
running the entire length of their property line, thereby concealing
the structure from the street.
Given these facts, we have no objection to the construction of
the carport per Mr. and Mrs. Danly's request and urge you to reject
appellant's appeal and affirm the city's ruling on November 19, 1990
granting the variance.
NAME -_
41 L,ef'o &4Z &O &V NI M
record in connection �wiitth��
item/`'_ on �-=-�- y
Matty I3irai
City Clerk
Very truly yours,
ADDRESS
lV1
lAt7li�• JJ.
9 1 --- 90
U
City of Miami
Building and Zoning Department
275 N.W. 2 Street
Miami, Florida 33128
re: Lot 9, Block B, Subdivision: Biscayne Park Terrace, located at
1917 Ti,gerta 1 Avenue
Gentlemen:
In support of this application, the applicant is prepared to
offer the following evidence. Special conditions and circumstances
exist which are peculiar to the land, structure and building
involved and which are not applicable to other lands, structures and
buildings in the same zoning district. The applicant recently
purchased this home for his private residence. The building is
si� tuated _on the property_ in _ a._-way____whGh _ doss__-not_pr-o�tide _-for
su icient -frontal_-set back to_ accommodate_.any_..ty-pe o#_permanent__ca_r.
port o_r_car, _._shelter__other than_. a _removable._.-_canvas_.__car_._shelter
(zoning code section 2008.4). The location of the house and its
main entrance make it impossible to provide for a permanent car port
structure anywhere on the property except in the front.
The special conditions and circumstances do not result from the
action of the petitioner. When applicantuhased_this property_ on
October 18, 1989 the house was already built and even though the
applicant is in process of putting on a master bedroom/bath addition
and pool, these are being done at the rear of the property and are
not near the proposed structure. The front set back from the
property line/base building line was pre-existing at the time of,
purchase and the owner has done nothing to change that.
Literal interpretation of the provisions of the zoning
ordinance would deprive the applicant of rights commonly enjoyed by
other properties in the same zoning district under the terms of the
zoning ordinance and would work unnecessary and undue hardship on
the petitioner. The zoning ordinance requires that a permanent car
port have a minimum front set back of twenty feet and a side set
back of five feet. The proposed structure can meet the five foot
side set back requirement without any problem. However, it cannot
meet the front set back since -there -is only 52-5�_feeto.al__
diisst_ance from t_h roperty line/base_bu �d ncr._line and the front of
__- - -
the__house. The proposed structure is approximately twenty feet deep
and if it is situated as required by the zoning ordinance, this
wniweaua- appr�ximate1_y_.__12..59 feet between the house and the car
port_ This is not enough distance for cars to pulin or out._ The
applicant would suffer undue har ship if he were unable to house his
Submitted into the public
record in cor_nectio with
itemr� :�9 on �
w M�L�atty 1Hi.{r}�.1aai
V 1 0ie1
91-- 90
5`el THE OWN&
2i4.--foll
SITE PLAN I':2W-O"
. /-Or '7, 1-5Z-OCK- , &S*%--Ar7VC.,0,44M 77,-� S '
114A7' b0Q< NO 2 , gC, CKCe
op;ll
9
. a PZM 4.
ZONING FACT SHEET
LOCATION/LEGAL 1917 Tigertail 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 859-7600
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 Mimi 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 the
principal structure and which is providing a
3.5' front yard (20' front yard required)
RECOMMENDATIONS
PLANNING DEPARTMENT DENIAL. There is no hardship to justify the
req�ed 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.
BADE COUNTY TRAFFIC
AND TRANSPORTATION No comment.
ZOWMG BOARD At its meeting of November 19, 1990, the
Zoningg Board adopted Resolution ZB 108-90
by a 6-2 vote, granting approval of'the
above.
One OPPONENT and one PROPONENT were present
at tHe meeting.
Two replies in FAVOR were received by flail.
APPEAL Letter dated December 49 1990 from the
Coconut Grove Civic Club.
91- 90
COCONUT GROVE CIVIC CLUB
POST OFFICE BOX 381
c000N1VT OROvR. rLORIDA 33133
,•u
13051 445-4559 "V
December 4, 1990
Cesar Odio, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Dear Mr. Odio,
'Jl
Pursuant to Article 20, Section 2002, of Ordinance
11,000 as amended, we, the Coconut Grove Civic Club, hereby
appeal the decision of the City of Miami Zoning Board on
November 19, 1990 granting the variances through Resolution
ZB 109-90 for the property located at 1917 Tigertail Avenue,
lot 9, Block B, Biscayne Park Terrace (2-36) P.R.D.C.
The applicant failed to prove that:
1. Special conditions and circumstances exist which are
peculiar to the land involved.
2. The special conditions and circumstances do not result
from the actions of the petitioner.
3. Literal interpretation of the provisions of the zoning
ordinance would deprive the applicant of rights commonly
enjoyed by other properties in the same Zoning district
under the terms of the zoning ordinance and would work
unnecessary and undue hardships on the applicant.
4. Granting the variance requested will not confer on the
petitioner any special privilege that is denied by the
zoning ordinance to other lands in the same zoning district.
5. The variance, if granted, is the minimum variance that
will make possible the reasonable use of the land in
question.
6. The grant of the variance will be in harmony with the
general intent and purpose of the zoning ordinance.
91- 90
I appreciate you attention to this matter and look
forvard to your response regarding, as soon as possible
at the above address.
Sincerely,
Mary C. Weber
President
cc: Sergio Rodreiquez
�.-' Gloria Fox, Hearing Boards Chief
41
'II
�R
��v 91- 9Q
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I
�J
n
City of Miami
Page 2 -.
October 18, 1990
cars in a shelter away from the weather elements and possible theft
and vandalism, particularly when he is out of town.
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. Car ports and garages are something of a common nature
throughout this neighborhood and zoning district, and as such,
provide rights commonly enjoyed by other properties in the same
zoning district which are unavailable to this petitioner. Car ports
are appropriate structures consistent with the types of residence in
the neighborhood and zoning district. The applicant feels he is
improving this property substantially and helping to enhance the
neighborhood and zoning district by building an architecturally
compatible permanent structure as opposed to a removable canvas type
car port. Granting of this variance will only allow the petitioner
to enjoy the rights commonly enjoyed by others throughout the
neighborhood and zoning district.
The variance, if granted, is the minimum variance that will
make possible the reasonable use of the land, building or structure.
There is no better alternative available to the applicant
considering the pre-existing set back conditions, whereby he can
provide a permanent car shelter on this property for his cars. The
applicant feels that the area where the proposed structure will be
located is already used as driveway/parking and the addition of a
permanent car port will only cover the already designated and
existing driveway/parking area.
The granting of the variance will be in harmony with the
general intent and purpose of the zoning ordinance, and will not be
injurious to the neighborhood, or otherwise detrimental to the
public welfare. The applicant is requesting a variance to build a
car port/car shelter using good quality construction for his own
personal residence. Due to the fact that this car port is proposed
to be built inside the property/base building line and inside of a
seven foot high coral rock wall across the front of the property,
the applicant feels that this proposed car port/car shelter will not
be seen from the street, become an eye sore, be a danger to the
general public, be a traffic problem, or be a detriment to public
welfare. In fact, applicant feels that this car port/car shelter
structure can only enhance the neighborhood and zoning district.
91-- 90
c
Octobpg 'KQ, ?l'950
City of Miami
Building and Zoning Department
275 N.W. 2 Street
Miami, Florida 33128
re: Lot 9, Block B, Subdivision: Biscayne Park Terrace, located at
1917 Tigertail Avenue
Gentlemen:
In support of this application, the applicant is prepared to
offer the following evidence. Special conditions and circumstances
exist which are peculiar to the land, structure and building
involved and which are not applicable to other lands, structures and
buildings in the same zoning district. The applicant recently
purchased this home for his private residence. The building is
situated on the property in a way which does not provide for
sufficient frontal set back to accommodate any type of permanent car
port or car shelter other than a removable canvas car shelter
(zoning code section 2008.4). The location of the house and its
main entrance make it impossible to provide for a permanent car port
structure anywhere on the property except in the front.
The special conditions and circumstances do not result from the
action of the petitioner. When applicant purchased this property on
October 18, 1989, the house was already built and even though the
applicant is in process of putting on a master bedroom/bath addition
and pool, these are being done at the rear of the property and are
not near the proposed structure. The front set back from the
property line/base building line was pre-existing at the time of
purchase and the owner has done nothing to change that.
Literal interpretation of the provisions of the zoning
ordinance would deprive the applicant of rights commonly enjoyed by
other properties in the same zoning district under the terms of the
zoning ordinance and would work unnecessary and undue hardship on
the petitioner. The zoning ordinance requires that a permanent car
port have a minimum front set back of twenty feet and a side set
back of five feet. The proposed structure can meet the five foot
side set back requirement without any problem. However, it cannot
meet the front set back since there is only 52.59 feet total
distance from the property line/base building line and the front of
the house. The proposed structure is approximately twenty feet deep
and if it is situated as required by the zoning ordinance, this
would leave approximately 12.59 feet between the house and the car
port. This is not enough distance for cars to pull in or out. The
applicant would suffer undue hardship if he were unable to house his
91-- 90
.... —
71
4
PETITION FOR VARIANCE
Ftte. Number V4 3.
A varfa ce is relamti n or the terms or the ardinatce where am* notion v M not be
aantrary to the. public intrreat arMd wisere, owfnp to aarldtttons pedor to the
PfQ1W9yand`not. the rear!' o/ nctWM of the oppticnnt,- liner ett/oreement a( ddt-
or a -wand rezolt im unmessm and ursdu..hara ddP an the property. As usedla
dft
-� so -
OHM df " aid- other apat-
cc 7
`t .17 1QA11-jt hereby itian the- city of Miami Zoning-
8oaro or o varionee rom me terms at 'Zoning ordinance• of the' City of Mlanv;
affecting property- located at / 9i 9 71 r Twit Vy4r.1ytr , Mioff*V as
specified below.
-- In support of this application, the following material is submitted with this appiicationc-
1 • Two
coOes of a survey of the prrt apes pi ad by a State of Fiorida Registered.Las*Survewi .
_)L2. Four eopies oft the site plan showing (as regviredi peapocty boundaries, etdslin1
W building ele wallow
Of
d- dim dimensions � em pcitatlons six Uclusof lot am (Wass i � bviwkq spoa�, UX
roles, and -he #4 envelope.
Y 3. Affidavits disdasing ownership of property covered by oppiication and disdasure
of interest form (Forms 4-83 and 4"3, attach to opplication).
..�L4. Certified list of owner: of real estare within 375r rod sa from the outside
boundaries of property covered by this application. (FWw 6-83 and attach to
application.)
S. At least two photographs that snow the entire property (land anJ Improvement
6. Other fy)
7. Fee of $ 4.' to apply toward the cast of processing, based of the followings
(a) RS, RG.I (resi denti a 1 uses) $ 200. 00
(b) For penetration of Plane III
by antennas and the like $500.00
W All other applications for
each request vcriance $0.0 7 per sq.ft. of floor area of building(s)
from the =%Manse minimum . $5 50.00
(d) Surcharge equai to applicable fee from (a)-(c) above, not to exceed $550.00;
to bp refunded if there is no appeal. (City Code - Section 62-61)
y 90
0
v
,MONNOW L The Variarmn a equWad is for relief front -the provisions of Section S,/O / of
the City of Miami Zoning Ordkw m as foilown E `�
_
?aHA090VT 5TP—UCTvZF-, SF-T 13AeK
to support of this application, the appileant is prepared to offer the folkwi
avirierxe, an the point enuamuted at Su6saetioer 31=1 of the MY of NUorai
Zoning Ordinance.
xoW ?his =sdU abort cannot 6s acerpted for Zardng Board action onttis a/ thr_
tonowft sts ttsnrs are aautpWML ..
(o) Smdd c=Wtloru and d exist which are peck r to the -I**.
s! a, gar buiidnq involved and which are not appiiocbie to other la wki-
sttnettares, or buildings in the same s�oning dtslMd M tha�h tttst. svidoKs _ to
De profeed and = adcdtiona shut; if neaswryj
.TUT�T-
(b) The special conditions and circ rmtonc do not result from the actions of
the petitioner in thats
((S FFE L E'rTE.4 OF _Z�J77CAJ7-
• %i . Uteroi interpetation of the provaiom of .the toning ordinance wouid dear ve
.� the appikx nt of rights cm=Twniy enja yed by other peopsrNet in the sm w
zoning district under the teems- of the =rdngf ordinance and would work-
unnecessan► and undue hardships an the rtitia" in ll�o�i f
L F.'TTI5-4
0!= � VA jTi�T�
(d) Granting the variance requested will not confer an the petitioner and► special
pciviIs" that is denied by the Zoninq Ordinance to of w lands, buildinpj, or -
struclures in the saw zaetinq district In that&
(45og: L E-r-fE2 of znjr�-r)
(e) The variance, if granted, is the mininwn va knm than will choke possible the.
reasonable use of the iand, building, or slructvre in ttmm
91 90
s
07
(f) The grant of the varionce' will be in harrnarfy with the general intent one
purpose• of the Zoning Otdirusm=4 and will not be -inj urims. to the
neighborhood, or otherwise detrin enrol to tha public welfare.
cs, ,Ti'1—�,-�ic
Notre All domcmau4 reports, studs6 srNblts or
sbarittad to the zanov Board shall be s ed�#
STATE OF FLORIDA) SS:
COUNTY OF DADE )
sore tnot DO 6 V* a11111111P %AUMGrtM
answer to lion #It d)w*v that he has
true and camiote; and (tf acting as
petition an belolf of the owner.
SWORN TO AND SUMCRIBED
before no this day of
MY COMMISSION EXPIRES:
Form 1-83
tRftten or grgWc. material to be
Narn!' 1 K l cKittL V ft Kcl\L[ I,_
beig d* sworn, deposes- and
,gent of Ow reel property d..crib i A in
answers and that the own ore
for *own"ae�*a hat outhorltp to axwA* this
Q.-
wic, tote of noo at Large
army rwut STAR 0 nara
a cmisua cxr. nor, 5.1m
91- 90
#"1
FFIDAVIT
STATE OF F'LGFt= t,
SS.
COMM OF DADS
Before
me, the
urnersigned autnority,
this day personally
appeared CM
ttr"$ _
L7 . Li AN �l� wino
bei^� oY rrs f+ rst duly sworn„
upon oath, deposes and says:
I. That he is the owner, or the legal representative of the
owner, submitting the acca.mriing application for a public hearing as
required by Ordinance No. 9SOO 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 attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and complete permdssion for him to act in their behalf for the change
or modification of a classification cr regulation of zmting as set out in
the acccgpanying petition.
3. That the pages attached hereto and trade a part of this
affidavit contain the Curmit names, min addresses, phone rashers and
I egal descriptions for the real praperty which he is the owner or legal
representative.
4. The facts -as mM ewmed in the application and doc=ems
submitted in conjunction with this affidavit are true and correct.
Fin Cher AMasr sayeth not.
Sworn to and Subscribed before me
this � day of laxF _19 9d
My Co�rndssion E>Cp�.res:ry Pu01fSt16 br Florida
"TOM I"On Expires Jan. 15, 1993
,
91- go
OWNER'S LIST
Owner' s .1ame R IamEL� • T�ANL�1
Mai 1 i no Address /q � rj 1:1 G — TR L
ielepnone Nuaoer 19Sw9 — ?%OO
Legal Description: Lor -7, VLecc (8 rseAVve ^-74AfC
?IAr bWK Z, JD/fGE %,
Owner's Name
Mailing Address
Telephone Number
Legal Description:
owner `s Name
Mailing Address .
Telephone Number
Legal Description:
Any other real estate property owned .individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address Legal Description
(NONE
I UM
Street Address
Street Address
Legal Description
Legal Description
91- . 90
/3
1. Legal description and street address of subject real property:
Lod `$\ ock. -E), Bisc7vYe Qafk Texr 6Ce (2-1G)
1 cE) \ -j .o ar L Av ern `1 e.
2.-Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure at all parties
having a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question �2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Mich aeL �. - - Iky - \ oo°�d
e-
1�� ate%►- � �', c.�a- 3 3133
1
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question i2, and (b) located within
375 feet of the subject real property.
N o rn e,
SATE OF FL ORMA ) SS:
COMCY OF DARE )
says tsar: nd is cne 4ww�=) ( Attorney
described in answer to question il, a:
answers and that the same are true and c
for owner) that he has authority to e
form on behalf of the owner.
L
11 being duly sworn, deposes and
or Owner) of the real property
Eeta
athe ad the foregoing
: and (if a as attorney
this Dis of Ownership
(SEAL)
S*v ►Y TO AND
before me th,
day of a .
r
tab 1C• to
Fl at L&m
40TAAY PUBLIC STATE Ur kLJOWJ 1 —
W11' , �= MY COIMItSSIDN EXP. NOW. 5,1990
N
(4
I ')U ,1(_ f V Cr:3O11
A
'THE �
l rL2 MIAM1, FLORIDA
The Zoning Board
City of Miami
Building & Zoning Department
275 N.W. 2nd Street
P. 0. Box 330708
Miami, Florida 33233-0708
Gentlemen: -
ASSOCIATION
3 3� 33
November 15, 1990
The Tigertail Association opposes the request for two variances
with respect to a proposed four -car carport structure at 1917
Tigertail Avenue, Miami.
These variances would allow a) a structure between the building
line and the front property and b) allow the structure to have
only a 3 1/2 ft. setback from the street side property line.
The net lot area is 21,659 square feet and there is ample space
on the property to permit a carport or carports for four cars
without the requested variances.
The applicant states that he purchased the property with the
existing house existing in its present position and he therefore,
could have foreseen the situation as regards locating carports
that he might require. If the site did not meet his requirements
he cannot claim hardship if the zoning ordinance does not permit
his desires.
It appears that none, let alone all of the six conditions that
must be met to justify the issuance of a variance exist and this
association therefore, requests that the variances be denied.
Very truly yours,
r
THELMA ALTSHULER
President
The Tigertail Association
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