HomeMy WebLinkAboutR-91-0596�-91y58d��)
7/9/91
91- 596
RESOLUTION NO.
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD IN ITS GRANT OF 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, ZONED R-1 SINGLE FAMILY
RESIDENTIAL, TO PERMIT THE EXISTING WOOD
ACCESSORY STRUCTURE LOCATED AT 236 SOUTHWEST
22ND ROAD, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN), AS PER PLANS ON FILE,
PROVIDING REAR YARD OF 2.7' (10' REQUIRED);
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
June 17, 1991, Item No. 3, duly adopted Resolution ZB 33-91 by a
six to three (6-3) vote, granting a variance as hereinafter set
forth; and
WHEREAS, Luis A. Castro and Raul R. Garcia have 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:
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 granting
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
CITY COMMINION
MEETING OF
JUL 25 1991
trnas M.
Residential, to permit the existing wood aooessory struoture
looated at 238 Southwest 22nd Road, Miami, Florida, also known as
Lot 8, Blook 21, HOLLEMAN PARK, as recorded in Plat Book 8 at page
23 of the Publio Reoords of Dade County, Florida, as per plans on
file, providing a rear yard of 2.7' (10' required); said varianoe
having a time limitation of twelve months in whioh a building
permit must be obtained, is hereby affirmed.
Seotion 3. This Resolution shall beoome effective immediately
upon its adoption.
PASSED AND ADOPTED this 25th day of
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
"*'�Wy`\
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
4
ORGE L. ERNANDEZ
CIT ATTO EY
GMM:ra:M2360
2
Jul
, 1991.
kit
,
t
S9.t`
FAVOR were received by nail.
APPEAL .
setter of appeal dated June 28,
1991 from Luis A. Castro and
$.
Raul R. Garcia.
w
}
LOCATIONAEGAL
APPLICANT/OWNER
ZONING
REQUEST
RECOMMENDATIONS
PLANNING BUILDING AND
PUBLIC' WORKS
DADE COUNTY TRAFFIC
ZONING BOARD
TONING FACT SHEET
235 SW 22 Road
Lot 8
Block 21
HOLLEMAN PARK (8-23)
Robert R. A Maria L. Lugo
235 SW 22 Road
Miami, FL phone 856-4028
R-1 Single Family Residential
Variance from Ordinance
11000, as amended, the
Zoning Ordinance of the City
of Miami, Article 4, Section
401, Schedule of District
Regulations', R-1 Single
_
Family Residential, to
permit the existing wood
accessory structure on above
site, as per plans on file,
providing. a rear yard of
2.1' (10' required).
DENIAL. There is no hardship.
o ustify the requested
variance to permit the
existing wood shed 2.7' from
the property line. The wood
=
shed was built without the
benefit of a building
permit. The proper rear
—
setback should have been
provided. The approval of -
the requested variance would
be detrimental to adjacent
properties and the
_
neighborhood.
No Comment.
—
No Comment.
At its meeting of June 17, 1991,
the Zoning Board adopted Resolution
ZB 33=91,.by a vote of 6-3 vote,
approving -the above.
—
Two OPPONENTS and two PROPONETS
were present at the meeting.
Four replies AGAINST and one in
FAVOR were receive by hail.
Letter of appeal dated .Tune 28,
1991 from Luis A. Castro and
Raul R. Garcia.
'
r 3 } A
4.
t
t �'
ANALYSIS
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.
40
1;1
lb
6/28/91
Ms. Gloria Fox
Hearing Officer
City of Miami. -
Dear Ms. Fox:
We hereby appeal the recommendations of the Miami Zoning Board on the
requested variance for the property located at 235 SW 22 Road (Lot 8 -
Block 21 - Holleman Park).
Sincerely,
s A. Castro Raul R. Garcia
Property Owner Property Owner
229 SW 22 Road 229 SW 22 Road
Miami, Fla 33129 Miami, Florida 33129
F]
PETITION FOR VARIAPIM
Fite Nu nber V-83-......_
A variance is relaxation of the term of the ordinance where such action oral not be
contrary to the Pima interest and whore, owing to conditi0ro peeuliar to the
property and not the resuCt of actiorw of the applicant, Ilterat enforcement of !Mils
ordinance wmAd reautt in unnecessary! and uncle hardship an the property. As used in
this ordinance, a variance it authorised. arty for height, area, size of atru W44
dimensions of 'yards and other open *aces and of faint narwng or loading
mWernerhts. (Section 3101)
1,&ACC two ALMA L• Gt/GbJ. hereby petition the My of Miarni Zoning
8oarfoor a variance from the terms at t "Zo+ Os ikwm of the City of Mani,*
affecting property located at 2S5 S. w 2 PA W . Miahhi, as
Specified below.
In support of this application, the following material is submitted with this appilcatiam
..r 1. Two copies of a survey of the property prepared by a State of Florida Registered
Land Surveyor.
Z Four copies oft the site plan showing (as required) property bouridaries, odsting
Of any) and proposed structvre(s)t parking, Iandsc pb+q, eta buildk g elevatlom
and dirnensione and conpAatlone of lot area (grass and net), bedding spacing, LM
rotlos, and height envelope.
3. Affidavits disclosing ownership of property cowed by application and disclosure
-" of interest form (Forrti 4-83 and 40839 attach to application).
4. Certified list of owners of read estate within 375' radius from the outside
boundaries of property covered by this application. (Farm 643 and attach to
application.)
S. At least two photographs that snow the entire property 00113 on.l improvements)-
S
. Other (SPWY)
7. Fee of $._ to apply toward the cost of processing, based of the following&
(a) RS, RC•1 (resi dentla 1 uses) $ 200.00
(b) For penetration of Plane III
by antennas and the I ike $ 500.0 0
(c) All other applications for
each request variance $0.0 7 per sq.ft. of floor area of building(s)
from the ordinance minimun - $5SO. 00
(d) Surcharge equal to applicable fee from (a)-W above, not to exceed $SSO.04
to bo refunded if there is no appeal. (City Code - Section 62-41)
91- 596
L The Varionts requested is for relief from the
provisions o1 Section-
`"—` the City, of Miami Za in0 Ordinaries as followst
�'` �o�t c����✓�i�C�' //moo -
p ,i W6rin/Gr rkE �Q
.P,4o oSrN�r ♦2.7
P
9. In support of this application, the applicant is prepared to offer the following
evidence, an the point enumerated at Subsection 3103.1 of the City of Miami
Zoning Ordinances
Note: This appUcation cannot be accepted for ZmMg Board action urdets ctt of the
fall" SU ttems are completed.
(a) Special conditions and circurrWanees exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
strictures, or buildings in the same Zoning district In thah (list evidence to
be produced and use additional sheets, V necsnwyj
T� /,W ant 0 ✓."D Oc.O i-cotA/Tw?-eV ofc&0y/w!/o+�r S� �✓e
,P,�lAcE1' rT �/rT� •f �E.v T/r� �•/v od Ste. G�tE�ptGf/ �.•>P,to vir✓G
tae of S/wccl Ave '4W6*4fWC6,
�✓ �"XiSTi^/� CUSS Xr4(/C 7-c/049-
W117NIAl PA14 FO'o T VP 0W60gVW,TS/ Gi.fE, SEE Rif P/CTvoCe
SET'/T/ON�ieS �tEPc�CeM4eWr ojr Wood s� dOEz' �✓oT <CJ'r'C C
�cc�s�' �.� rr�.Q� it iP6vTs cQS S�rtucwR£,
(b) The special conditions and circumstances do not result from the actions, of
the petitioner in that:
�4s ��/ �a Qc/icd STnvc�rL�e� G/i?'�oaT' Air
f
(i
(e) Literal interpretation of the provisions of the toning ordinance would dsorive
the applicant of rights commonly enjoyed by other properties in the some
zoning district under the terns of the toning ordinance and would work
unnecessary and undue hardships an the petitioner In than
CAS s`7-w CT7/�E �9��/ rT/�►/� S�P`i7 �' r°�'G ' ' �'�"
(d) Granting the variance requested will not confer an the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
strictures in the some zoning district in than
�,1A1,F /iT'�G6' . �� o7 . dSE ay
C eSS STie r/C l-dRE',
(a) The variance, if granted, is the minimum variance thot will make possible the
reasonoble use of the land, building, or structure in than
LOCf 01"76A/
�
�i i/P�✓GE o� mlz T � fi ?ter
y
GvVO4 S*ie� So �/� ✓ >'.Q�✓C 'S G✓a c/ �0
i _id6vv2
j/177�
-0Ar&*Z_
l./ff1 w
t#) The grant of the variance will be in harmony with the general intent anc
purpose of the Zoning Ordinance, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
IS WO T 0e4r&16*S T/n/�r AOVY A^10"(`.
�?� ., pt6r�-s' .�w� YE'2� Q y v ems. a//r&, THE /"l�.1'0 �� �.
DJe' � �'�'E /M/�E7�/�9fi� NE/�r/Ia02J' fi'yY�E� i�/f/Gy/ 4ES'(4ENCE'3'
Aw✓lle
NE7l; WW( 4 /S TiYE ,oq�2X/�t/� eor vF lo S",t)/ o tr-t cc do «a LNG.
%t-6 00e e-ri,e.E3' 91
Note: All documents, reports, studies, eshibits or other written or graphic material to be
submitted to the Zoning Board shalt be submitted with this application._
STATE OF FLORIDA) SS.:
COUNTY OF DADE )
'Signature,
owner or Autnvl UT0-Xgent v
Name ae&;er Gye�o
Addressy235- 22 R04b
I/ C. L U6-0
y �� v�'
�OS&�� �. Gt/CV being duly sworn, deposes and
says that he is the er(Authorized Agent o caner) of the real property described in
answer to question 81, above; that he has read the foregoing answers and that the same are
true and complete; and (if acting as agent for owner) that he has authorit fto this
petition on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this L4-&3t day of
=)Q19IL.
It
Y COMMISSION EXPIRES:
Form 1-83
omel
-
No-dhiy ubl , State o F loh at Large
17
NOTARY PI BLIC STATE DF FLWMA
my commISSION EXP mAR.13.1993
BONDED THM GENERAL INS uND.
91- 596
9
s
11
STATE Or FLORIDA}
}SS
COUNTY OF DADE )
Before me, the undersigned authority, this day personally
appeared L490—ler 6 6099 �A�A ` LU�r� who being by me f irst
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 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 his 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 nases, sailing 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 sayet not.
�od��er' E. GU6-o
( Name) (SEAL)
Sworn to and Subscribed before me
this ' day of 1199/
Not Public, Stat• of r lorida at Large
O'rlW' S 1.'.'T
Hai 1 i ng ACdr'2S5W < '�d�
'o l epnone Number r%� �_p. �3 �✓�$'�-/��y
4
.,egal Oes.r�pt�on:�D7r /r3GDrK v?/ OGGF"� A/
2
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 L al Oescription
Street Address
Street Address
Legal Oescriction
Legal Descriotiln
91-
s
DWCtC'= of Musaw
1. Legal description and strut Aodross of suoject real p s
GoT tw t Y
$, ,oCe 0 / •Z
.235- SAY
2. Owrsr(s) of subject real prt4ertY and percentage of ownership.
Notas City of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in the suojeat
matter of a prssentation, request or petition to the City Commission.
Accordingly, question j2 requires disclosure of all shareholders of
aorpvraticns, beneficiaries of trusts, xW*c grey other interested parties,
together with their addresses and pt'opoctianate iraerest.
�0�3EnT" e. v- l ?�/w G . G !/ 6: D
yvs�i✓D *- /wignc)
2 3 S S hJ 22 deof-A
M/.fm/ x;e. 3 3/2?
3. Lagal description aed street address of any real property (a)
orned by any pasty listed in answer to question i2, &d (b) located within
373 feet of the subject real property.
NoAle
40&=--r E. LV GD / AW,'..# e. G (1G 0 . beim duly swoca. deposes .ard
says that no is the (•weer) t ttorney tog Owner) of the coal property
described in answr to question #1, abwas that he has road the foc+ogoiri9
ammocs and that the sa■t an trns acd acmpletei WA (if acting. is attorney
for owner) that he has - authority to execute this Cisclostitzo�! Owrastlship
fom an behalf of the cww.
t . "Uc-M�l�l�LL�6o(s�u�
• }.
91-
b.
%C AQV P^IC STATfs OF R0010A
I
May 19, 1991
To whom it may concern:
Reference: 235 S.W. 22 Road
This letter is being drafted at the request of Mr.Robert Lugo. the
resident of the above address. Apparently a utility shed has been.
constructed on the rear of his property that does not meet the
required setback. It is also understood that it was impossible to
meet the set back due to some awnings installed on the residence.
The Miami Roads Neighborhood Civic Association is very active in
code enforcement and we acknowledge that at times concessions and.
variances must be made to allow home owners to make improvements.
We have looked at'the above location and noting that it abuts nest
to commercial property and that his neighbors are not objecting to`_
this request, we would not be apposed variance.
R f
.J. tes, resident
Miami Roads Neighborhood Civic Association
45 S.W. 22 Rd
Miami F1. 33129
•
r=
91
a2,
S
x En
-,AOL s
I
OWNERS: ROHERT E. & MARIA L. LUGO
ADDRESS: 235 S.W. 22nd ROAD
TO WHOM IT MAY CONCERN,
I HAVE A FULL UNDERSTANDING OF THE LOCATION REGARDING THE WOOD
Mr. Robert Lugo
235 SW 22 Road
Miami, FL 33129
Dear Roberts
This letter is to confirm that I have no objection to your
building a shed within three feet of our mutual property
line, providing it does not exceed the height of my garage.
With many best wi$hes and congratulations on the birth of your
daughter,
Sincerely,
Andrea Kirsh
230 SW' 21 Road
�.
Miami, FL 33129
=?':
May 32, 1991
}
Ri
1
r r*
� 19
N&\
Ape-
�90)23
t I ti
f -
1-� .�: i J, �J _•�: J:I _L•1_l_1= I LJ
14
,w p ul
II II • �►Ja.�Y+`,�.�: �� �- J_! I ► 1 1 1 _ lli.�
it
so
11. cot
?�I-����• .�. ,"l+ti �' •---- � ------ ,,,�..N ' DRIVER TRAINING I
;.
I► {{ { I COURSE
L 1
ti,,j, • , :I .t� i,.t�l ;;��„ . ,'I-IWE N ,
7,71
I I �'•t _' I � �i
I
r„
ST. ,�o -
)rr:, j
150
"11 ,Soup fi (.4917
WCEWTALMANOR ;
>o
_ I I z 31D� Z Parce/
I
(✓� (I I N'.'W "168 i 'ST�61s, fillLl
-
`1 :'S 6 '�+ ot a
0 OSKETlAL1 o 0 11
M. SCH.
Ilk. I I �. ► 1 ❑ L� yI - 3 esd a A 0
Z I -- T I 1- l rn
rI14 all 7 u C] CJ�s C7
f A -
R14 p i t at, I � to it o N.W. 67 � !� IDSa 9 h 1 1 p i 31 S, �1 ; 0 �� 1
_ _ t� ii _SY 1 f Id
23
J -I --A-- L:-L--
ST.
I'M I' V
1�41
? RHO,") o
A
' `'• ` jr`L�I.k{,ai�1t��� ., ,.t.. �• '�!' :yl �� ll,.�� I �_ -�- �. �\v-fid, �1' I i ( Ir�i I
so
ST.
fit
DRIVER TRAINING
'o 31 it I - I COURSE
� I I I , - BEEN L
_I !./` r;�h . I r f HWE I HnI , li �: � — f�cM��
13
BASUAL?
FIELn
u #30
\A t -(Y&# v'9 0 S::T: ST. Ole
o
rj!
-i Odflor,.
E#
0 CE A TH L ANOR 4 13,
Li
Pdrce
b 13
N !-W."16 8 00 Ps'. ST.
Ll too
0
'(3 - ") I
Olt 0
s
Z"?
Tr.
0 LJ
sell s
a N.W. 67
R
so
1A 7°i'a D
1(ni,Qh f 044aner- Cor,.o. of
=
43 0 jw ]b 15 31 11 is ov
ID W. 0 0 0 S-P 0 70
0
61 '
C3 w._Ww
INN
M.
Wig
&L
a
.lZZ