HomeMy WebLinkAboutR-91-0687J-91-656(b)
9/26/91
RESOLUTION NO. 1-) + - 67
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, ZONED R-2 TWO FAMILY
RESIDENTIAL, TO PERMIT TWO (2) OF THE THREE
(3) EXISTING UTILITY SHEDS AND THE TWO (2)
EXISTING CHICKEE HUTS USED AS CARPORTS
LOCATED AT 3090 ALLAMANDA STREET AND 3061
SHIPPING AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN), ONE SHED
HAVING A SIDE STREET YARD OF 1.4' (15'
REQUIRED); ANOTHER SHED HAVING A SIDE STREET
YARD OF 2' (15' REQUIRED) AND AN INTERIOR
SIDE YARD OF 2.5 (5' REQUIRED); AND A THIRD
SHED, WHICH MUST BE REMOVED, HAVING A FRONT
YARD OF 0.6' (20' REQUIRED); AND THE TWO
EXISTING CHICKEE HUTS USED AS CARPORTS EACH
HAVING A STREET SIDE YARD OF 3' (15'
REQUIRED), SUBJECT TO THE PLAN ON FILE DATED
SEPTEMBER 26, 1991 AND MARKED AS "EXHIBIT 1"
BEING APPROVED BY THE PLANNING, BUILDING AND
ZONING DEPARTMENT AND THE CITY ATTORNEY AND
FURTHER SUBJECT TO A DEED RESTRICTION BEING
RECORDED IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, PROVIDING THAT THE CHICKEE
HUTS SHALL NEVER BE ENCLOSED AND THAT IN THE
EVENT THE FROND -ROOF OF THE HUTS IS EVER
DAMAGED OR DESTROYED THE ROOF(S) WILL BE
REPLACED IMMEDIATELY WITH THE SAME FROND
MATERIAL; 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
July 1, 1991, Item No. 1, duly adopted Resolution ZB 35-91 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
WHEREAS, the City Commission after oareful consideration
of this matter, and notwithstanding the decision of the Zoning
Board, finds that there are peculiar o1roumstanoes affecting
this parcel of land and that practical diffioulties and
unnecessary hardships exist which would impair the owner's right
CITY CotsrmSSION
ma`s Er'Cr OF
SEP 2u 1991
r1wiffm
91- 687
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, to permit two (2) of
the three (3) existing utility sheds and the two (2) existing
ohiokee huts used as oarports located at 3090 Allamanda Street
and 3061 Shipping Avenue, Miami, Florida, also known as East 1/2
of Lot 6, Block 3, EDWARD PENT HOMESTEAD, as recorded in Plat
Book A at Page 45 of the Public Records of Dade County, Florida,
as per plans on file, one shed having a side street yard of 1.4'
(15' required); another shed having a side street yard of 2'
(15' required) and an interior side yard of 2.5' (5' required);
and a third shed, which must be removed, having a front yard of
0.6' (20' required); and the two existing ohiokee huts used as
carports each having a street side yard of 3' (15' required),
and subject to the plan on file dated September 26, 1991 and
marked as "Exhibit 1" being approved by the Planning, Building
and Zoning Department and the City Attorney and further subject
to a deed restriction being recorded in the Public Records of
Dade County, Florida, in a form acceptable to the City Attorney,
providing that the ohiokee huts shall never be enclosed and that
in the event the frond -roof of the huts is ever damaged or
destroyed the roof(s) will be replaced immediately with the same
frond material; said variance having a time limitation of twelve
- 2 -
41--- 687
months in whioh a building permit must be obtained, is hereby
granted.
Seotion 3. This Resolution shall beoome effeotive
immediately upon its adoption.
PASSED AND ADOPTED this 261h
ATT
MANY HIRAI
CITY CLERK
�PREPARED ,AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
iIa*o
S, T
CTY ATT
GMM:ra:M2421
ay Af 1991.
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3 91- 687
El
12
t Of �Ftamw
_._ RECEIVED
A. QUINN )ONES, 01. I�gl (305i: 579-6700
City Attorney r,, OCT 22 AM % (tslCcopier. (305) 579-3399
P;ATTY
�.r yI ► YIti
October; FLH,
Rioardo Ruiz
Planning d Zoning Consultant
1401 West Flagler Street
Suite 201
Miami, Florida 33135
Re: Allamanda Street and 3061 Shipping Avenue
PZ-9 City Comm'_,rsion Meeting of September 26, 1991,
solution
Dear Mr - Xz: I ".,I
ic ,
It was nice speaking with you on Wednesday,
October 16, 1991. Upon reflection, you are absolutely oorreot -
we should meet so I can review the agreement regarding the deed
restriction, as this was not left with City staff on September
26, 1991 on referenced property.
Unfortunately, the referenced legislation cannot be
completed. without my seeing this agreement, yet we are already
behind the proverbial eight -ball to finish it. Please schedule
the meeting as soon as you conveniently oan-and perh ns you can
fax me a Copy of the Mary Weber__"reement uvon receii2t of this
letter.
Looking forward to meeting with you.
Sincerely,
r.
Chief Assistant
GMM:ra:PlIS7
oo: A. Quinn Jones, III, City Attorney
G iliermo Olmedillo, Deputy Director
Planning, Building & Zoning Department
Malty Hirai, City Clerk
Gloria Fox, Chief of Hearing Boards
City Attorney
OFFICE OF THE CITY ATTORNEY/1100 Amerifirst Building/One Southeast Third Avenue/Miami, Florida 33131
91- 687
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PZ=9
ZONING FACT SHEET
LOCATION/LEGAL 3090 Allamanda Street
and 3061 Shipping Avenue
E 1/2 of Lot 6
81 ock 3
EDWARD PENT HOMESTEAD (A-45)
APPLICANT/OWNER Donald b Judith Sweetbaum
3090 Allamanda Street
Miami, FL 33133
Phone 443-2448
ZONING R-2 Two Family Residential
REQUEST
Variance from Ordinance
11000, as amended, the
Zoning Ordinance of the
City of Miami, Article 4,
Section 401, Schedule of
District Regulations, R-2
Two Family Residential,
to permit the three (3)
existing utility sheds
and the existing chickee
but used as a carport on
above site, as per plans
on file, one shed having
a front yard of 0.6' (20
required); another shed
having a side street yard
of 1.4' (15' required);
the third shed, having a
side street yard of 2'
(15' required) and an
interior side yard of
2.5' (5' required); and
the chickee but used as a
carport having a street
side yard of 3' (16,
required.
Y
.,_N
RECOMME`J A`ICNS
o'All4:1)G S'JILOING AND
PUBLIC WORK
DADE COUNTY TRAFFIC
HISTORY
ZONING
DENIAL. There is no
hardship to justify the
requested variances to
permi t the three t 3 )
exi sti no uti 1 i ty sheds
and the existing chi ckee
but to remain within the
required setbacks. Al
four (4) structures were
built without the benefit
of a building permit.
A field inspection
revealed that there is an
additional c h i c k e e but
also used as a carport,
which also violates the
side street setbacks
requirements. The
approval of the requested
variances would be
detrimental to adjacent
properties and the
neighborhood.
No Comment.
No Comment.
Utility sheds and chickee
huts were built without
permits and encroaching
into required yard.
A notice of violation and
summons to appear was
issued for workina
without a permi t and
encroaching in required
yards/open space on
February 20, 1991.
The case No. 131-00527)
was heard by the Code
Enforcement Roard on
March 27, 1991, at which
time the owner was found
guilty and granted time
ZONING BOARD At its meeting of July 1, 1991, the
Zoning Board adopted Resolution ZB-
35-91, by a vote of 8-0, recommending
denial of the above.
APPEAL
Three PROPONENTS were present at the
meeting.
Letter of appeal dated July 15,
1991, from Donald Sweetbaum and
Judith Sweetbaum.
91- 687
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DONALD & JUDITH SWEETBAUM
3090 Allamanda St.,
Miami, F1. 33133.
July 15, 1991.
Dear Ms. Fox,
We hereby request an appearance before the
City Commission in order to appeal the variances denied
by the Zoning Board on July 1, 1991. If approved, these
variances would allow us to keep our carports and shed.
In attempting to comply as fully as possible
with city regulations, we are removing two of the three
sheds for which we previously sought variances. Therefore
please amend all notices for this appeal to reflect one
shed having a side street yard of 2' (15, required ), and
an interior side .yard of 2.5' (5' required ), and two
Native American structures, used as carports, having a
side street yard of 3' (15' eequired ).
Yours faithfully,
r /
i
91 687
PETITION FOR VARIANCE
File Number V—
A vcrtance is relaxation of the terms of the Ordinance when such action will not be
ew rary to the pubUe interest and where, owing to mufftians paWar to the
property and not the remit of actions of the applicant, literal enforcement of this
ordlnanee would result In unnecessary, and undue hardship an the property. As used in
this ordinance, a variance is woAartsed. only for height, wea, size of saucUA4
dlinatslons of yards and other open spaces and off street Dar Ong or loading
rgufremeceetion JI�Q
1, �7 -E 4 4 W.
d,•-- I, S t 0. hereby petition the City of Miami Zoning
Boas or o variance from the terms at t "Zoning Ordl�+anee of City of Miami;
affecting property located at 3090 A i'larni, as
specified below.
In rt of this application, the following material is submitted with this applications
_ 1. Two copies of a survey of the property prepared by o Stole of Florida Registered
Land Surveyor.
2. Four copies of: the site plan showing (as required) property boundaries, existing
Of any) and proposed strueture(s), parking, landscaping, ate; building elevations
and dimensions and connputations of lot area (gram and not), building spacing, LUl
ratios, and height envelope.
-� 3. Affidavits disclosing ownership of property cowed by application and disclosure
of interest form (Forms 4.83 and 4a83, attach to application).
•� 4. Certified list of owners of real estate within 37S' radius from the outside
'— boundaries of property covered by this application. Torm 6-83 and attach to
application.)
S. At least two photographs that snow the entire property (land a%J Improvements).
/ 6. other (Spedfy) � P��
xn / M m e..,/,
7. Fee of $ to apply toward the cost of processing, based of the followings
(a) RS, RG-I (residential uses) $200.00
(b) For penetration of Plane III
by antennas and the like $ 500.0 0
(e) All other applications for
each request variance $0.0 7 per sq.f t. of floor area of building(s)
from the ordinance minimum - $550.00
(d) Surcharge equoi to applicable fee from (a)-(e) above, not to exceed $550.04
to br refunded if there is no appeal. (City Code - Section 62-61)
L The Variance requested is for relief from the provisiora of Section s / of
.r.,_ the City of Miami Zoning Ordinance as follows:
fRoNt" pJs'57
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._ 9. 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 Ordinance:
Note: This appUcation cannot be accepted for Zoning Board action unless aU of the
jol1owing six items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building inwived and which are not applicoble to other lands,
structures, or buildings in the some zoning district In that: (list evidence to
be p vduced and use additional :meets, i/ necessary.)
13F 4u St e4 44- (�.t p 19H., -L/!,e. c. /'S i L.,. o
Q ? Ilk el 160 r/a OQ ,(-
(b) The special conditions and circumstances do not result from the actions of
the petitioner in that:
_9--�o ! Q-9 <- S 4-e
91- 687
(e� Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the sown
zoning district under the terms of the zoning ordinance and would work
unnecessary °and undue hardships an the petitioner in that:
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(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 that:
JFV e r AV a S-C AC Ide- r r eq L.( le 9 Y e Poo C�'
s (a) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
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(fi The grant 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.
S Up o ✓N Q-h ` - - Syr I �►'� rr► ,e ' Q.
Note: All documents, reports, studies, exhibits or other written or graphic material to be
submitted to the Zoning Board shall be submitted with this appticatio1n.___1-,
or Autnorizea
Name V-_
3D910 # Ila M,Y ;''w (/4- y-
Addream,"Lit,W, , F l. 3?/ 3-3
STATE OF FLORIDA) SS:
COUNTY OF DADE )
St)_P► T ►-I-t�✓k" �TS�-U/"( being duly sworn, deposes and
says that he is the(Owner) uthorized Agent of Owner) of the real property described in
answer to question 0 1, above; that he has read the foregoing answers and that the same are
true and complete; and (if acting as agent for owner) that authority to execute this
petition on behalf of the owner.
/? / ` ,
SWORN TO AND SUBSCRIBED
before me this o25 day of
-19IL
MY COMMISSION EXPIRES:
N,. ,
' Vr .. •rcv•j�: -� 'fit L�i•
Form 1.83
L) r
s
tart' ublic, State of Florida at Large
91- 687
1
ka
STATE OF FLORIDA)
}SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally
y�H - 54,JAFA 7.s 1a- Irl
appeared 7 �i l� s+�J "t-r �cirl who being by me first
duly sworn, upon oath, deposes and says:
1. That he 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, Florida, effecting the real property located in the City
of Kiami, 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 his to act in their
behalf for the change or modification of a classification or
regulation of zoning as not 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 numbers 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.
Sworn to and Subscribed before me
this y day o ,19,:&
Notary Publ' , State of Florida at Large
My Commission Expires:
PAP
Owner' s 'Name
mailing Address
OWNER'S LIST
��n.rr..a�r...r ' rr�r..r�rrrirrrrirrrr
e4 JbC, 1<
1lF1
Telepnone Number A43O
Legal Desp ri pti on : '` �.2 MDW"�
Owner I s Nam 30 o 4/l a417041go4 ?� � � �vE'
Mailing Address
Telephone Number S �
Legal Description: 5./70 lam,
Owner's Name
Mailing Address .
Telephone Nuieber
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 " follows:
Street Address �' e el Description
Street Address Legs Description
Street Address
Legal Description
91-- 687
1. tagal description and street address of subject real Property.
r 1Z uf' Lot 6, �JiUli 3 �c1wd�� f-rlt
{IA A�kj o4tA-ate A✓efi e
Si(��r Sf, rppr.a
2. Owner(s) of subject real property and pe ntage of ownarahio.
�.£•=1 Notes City of Miami Ordinance No. 9419 requires closureof 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 U2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their add nes
and roportianate interest.
3. W9a and street address of any real property (a)
owned by any listed in answr to questibn #2, and W located within
375 feet of the subject real property.
t /
STATE OF rIDRMA } SS "
ct
being duly swot n, deposes and
that ne is the (caner) (Attorney or Own*r) of the real property
scribed in answr to question 01, above( that he has read the fongoinsg
answers and that the saes are true and completes and of acting as attoreeey
for owner) that he has authority to to this iscImOdurship
form on behalf of the owner. d� �—....
(time !
j
SWUM TO AND
before toe this 23 �.
day of Ej—i9
_91- 687
zcIsta" or
,
F
1�F'ida at
tr Ca%*=rjW WUMS1
May at 1991
TO THOSE CONCERNED,
Being the property owner adjacent to and West of #3061 Shipping Ave.,
Miami, Florida, I have no objection to the continued existance of the
sheds at said address that have been cited for Code violation.