HomeMy WebLinkAboutR-90-0968J-90-888(b)
12/06/90
RESOLUTION NO. 9 0~ 9 b 8
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND THEREBY GRANTING THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE
1 OF 6, PRINCIPAL USES AND STRUCTURES TO
ALLOW THE ADDITION OF A TWO-STORY STRUCTURE
CONTAINING TWO RESIDENTIAL UNITS FOR A TOTAL
OF FOUR RESIDENTIAL UNITS, AS PER PLANS ON
FILE FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3160 SOUTHWEST 23 STREET,
MIAMI, FLORIDA, ALSO DESCRIBED AS LOT 11 AND
THE WEST 1/2 OF LOT 10, BLOCK 10/ MIAMI
SUBURBAN ACRES AMD., AS RECORDED IN PLAT BOOK
4 AT PAGE 73 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, ZONED RG-1/3 GENERAL
RESIDENTIAL (ONE AND TWO FAMILY); SUBJECT TO
THE CONDITION THERE BE NO MORE THAN SIX (6)
AUTOMOBILES LOCATED ON THE PROPERTY AT ANY
ONE TIME.
WHEREAS, the Miami Zoning Board at its meeting of
September 10, 1990, Item 6, following an advertised hearing,
adopted Resolution ZB-70-90 by a six to one vote (6-1), denying
the Special Exception as listed in Ordinance 9500, as amended,
the Zoning Ordinance of the City of Miami, Schedule of District
Regulations, Page 1 of 6, principal uses and structures to allow
the addition of a two-story structure containing two residential
units for a total of four residential units for the property
located at approximately 3160 Southwest 23 Street, Miami,
Florida, also described as Lot 11 and the West 1/2 of Lot 10,
Block 10/ MIAMI SUBURBAN ACRES AMD., as recorded in Plat Book 4 at
Page 73 of the Public Records of Dade County, Florida, as per
plans on file; zoned RG-1/3 General Residential (one and two
family); and
WHEREAS, the applicants have taken an appeal to the City
Commission from the Zoning Board's decision; and
WHEREAS, the City Commission after careful consideration of
this matter, notwithstanding the decision of the Zoning Board,
finds that the Special Exception subject to the herein limitation
CITY COMMISSION
MEETING OF
DEC 6 1990
I
on the number of automobiles meets the applicable requirements of
Zoning Ordinance 9500, as amended;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Zoning Board in denying
the Special Exception as listed in Ordinance 9500, as amended,
the Zoning Ordinance of the City of Miami, Schedule of District
Regulations, Page 1 of 6, principal uses and structures, to allow
the addition of a two-story structure containing two residential
units, as per plans on file for the property located at
approximately 3160 Southwest 23 Street, also described as Lot 11
and the West 1/2 of Lot 10, Block 10, MIAMI SUBURBAN ACRES AMD.,
as recorded in Plat Book 4 at Page 73 of the Public Records of
Dade County, Florida, zoned RG-1/3 General Residential (One and
Two Family), is reversed and the Special Exception is hereby
granted subject to the condition there be no more than six (6)
automobiles located on the property at any one time.
Section 3. This Resolution shall become Effective
immediately upon its adoption.
PASSED AND ADOPTED this 6th day of�ecember
XAVIER L.
ATTE
MA HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
w
AJORE L. FEANIMDEZ
CITY ATTORNEY
GMM/rma/M1799
1990.
, MAYOR
PZW6
ZONING FACT SHEET
LOCATIONILEGAL Approximately 3160 SW 23 Street
Block 10
Lot 11 and the W 1/2 of lot 10, Block 10
MIAMI SUBURBAN ACRES AMD. (4-73) P.R.D.C.
APPLICANT/OWNER Benito & Diana Fernandez
3160 SW 23 Street
Miami, FL 33145 Phone 443-9128
ZONING RG-1/3 General Residential (One and Two Family).
REQUEST Special Exception as listed in Ordinance 9500,
as amended, the Zoning Ordinance of the City of
Miami, Page 1 of 6, Principle Uses and
Structures, to allow the addition of a two-story
structure containing two residential units for a
total of four residential units on above site as
per plans on file.
RECOMMENDATIONS
PLANNING DEPARTMENT DENIAL OF THE SPECIAL EXCEPTION AS REQUESTED,
APPROVAL SUBJECT TO: A DETAILED LANDSCAPE
PLAN TO BE REVIEWED AND APPROVED BY THE
PLANNING DEPARTMENT SHOWING EXISTING TREES TO
REMAIN AND TO BE RELOCATED ON SITE, AND PROPOSED
TREES TO BE 14' MINIMUM HEIGHT; AND THE
The subject request is in accordance with the
future land use element of the Miami
Comprehensive Neighborhood Plan 1989-2000 which
specifies a maximum density of 18 units per net
acre. Should the above referenced conditions be
met, the subject request would also meet the
intent of Zoning Ordinance 9500. The Planning's
Department's policy is to require a minimum of
two (2) offstreet parking spaces for each unit;
there are only six (6) parking spaces provided
for the four (4) units, therefore, two (2)
more parking spaces should be provided on site,
which will be rather difficult, due to the
existing structure on the site; one solution
could be to eliminate one (1) of the proposed
units. It is also desirable that the proposed
90- 908
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units be immediately adjacent to proposed
parking spaces, which is not accomplished by
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the subject plans. This is an area where there
is a lack of parking spaces, both on and off-
'
street. Approval of this proposal without the
provision of sufficient on -site parking spaces
d,
will make the parking situation worse.
PUBLIC WORKS
No comment.
�i DADE COUNTY TRAFFIC
AND TRANSPORTATION
No comment.
PLANNING
{
DENIAL
ZONING BOARD
At its meeting of September 10, 1990, the
Zoning Board adopted Resolution ZB 70-90,
denying the above by a vote of 6-1.
{
THree PROPONENTS were present at the meeting.
j
One reply AGAINST was received by mail.
CITY COMMISSION
At its meeting of November 8, 1990, the
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City Commission continued the above.
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September 21, 1990
'R ' SEP 24 P 1 :o7
Gloria Fox
275 N.W. 2nd St.
Miami, FL
RE: Mr. and Mrs. Benito Fernandez
3160 S.W. 23 Street
Miami, Florida 33145
To Whom It May Concern:
Please consider this letter a formal request for this application as an
appeal from the Zoning Board. Let it be noted that the Planning Depart-
ment made their decision based on recammendations by their Department
and not necessarily on the intent of the code which require 1.5 parking
per unit.
Right now the existing currently on the property is a duplex with non -
characteristic of use since their is no parking on site. We are adding
parking for the existing duplex and alleviating the problem of parking
since we are providing new parking which was not existing before.
The property has a small duplex built on an oversized lot of 75' x 1501.
We could still accommodate eight parking spaces with 11- 6" wide green
strip on each side of the property. But we provided six parking spaces
based on code requirement with some landscape around the parking area so
it will pleasantly and aesthetically blend in with existing residence and
the neighborhood in general. We will reside in one of two rear units. We
are not removing or relocating any trees. The contrary, I'm providing
shading trees.
By the denial of this application, the present existing situation will not
be alleviated or remedied, and we will have to keep parking on the street
as well as my next door tenant. We are respectfully requesting, Mr. Mayor
and all members of the Commission to please adopt the recommendations from -
Zoning, Public Works, Dade County Traffic and Transportation and Code re-
quirements which are in support of our application.
Sincerely,
Benito Fernandez
Diana Fernandez (/
90-- 968
i the foilowinq in Or�
e*ott of this rFiarida R lei
✓ 1. Two survem of tha proWTY P �i i� -7 A" :�
SravV"r. sttcwin (as regttireQi prom+ ' boue�dm`ies, exktinq aria
✓ Z Four copies or. site Atan i 9 etc bonding eievarions (if
p rtartorss ni tot area (4to� ond- nw). LUl ratios
required with et" bulldinq }�� tnve
(opwt space, Roar orza. p�n�
See Ssanin 23044=9 0. o f eavered by Farm dtsoicn" of
3. Affidavit d ppraoffW
i1teresr4orn. frwm +43 out =C=ft to within 375f radioat front the outside
4. Certified list of owners of r
bas�dw w of propUTY covered by this (S4e. Foray d 83 =d =t= tt to
.thar.slow the mire goperrtr(land acid hipovemenssL
L Other tSpsa#yt
✓ 7. Fee of $ �555. '�,�,� , based an follawing
(a) CIM o $450.00
N Speciod Esimsion $650.00
(4. Sw9d=p coact to appiicabie fee -from (a) or 6) abov- wt-10 a cmd-$650;to
be tefest d if there if no appeoi MMY Sscalm Qg-61L
or AUn=r== A94M
Name �W-7y 6� �0� ��JC-Z-
Ad&= Z /(O 5'eJ 23 SM67—FT
City, State, T,ap �-t I /�� i �G• �'�_
p3 -4i28
STATE OF FLORCA 1 S&
CMNTY OF DADE
,P-,,y/ib O , being duly sww'4
Comas and says mat no is me twwners tcutnortzaa.ocent' or the real prcmcm d
above; mat he has rem the toregoinq cmrmn and that she soma are Is and camptet" WW
(if aotinq as agent for owner) that -he has outhorrry to exe=e this appiicati°n farm an
behatf of the owner.'
go-- 968
Form 1043 _ --
q
(MAU
SWORN TO AND SUBSCRIBEfl
before me this day
of
May C044AM MRSIM, EXPIRES:.
NOTARY PUBLIC. STATE OF FLORIBA
My COMMISSION EXPIRES: MAY 21. 199�f
fl
1
APPLICATION FOR A CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION
Fie Number DSE-8
Within the City generally, or within certain zoning districts, certain structures, uses,
and/or occupancies specified in this orc mice 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, conditions, and sofe&artft 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 potentially adverse effects. It is further intended. that the expertise
and lodgement of the Zoning Board be exercised in making such determinations, in
. accordance with the rules, consitleratians and Limitations relating to Class D Special
Permits and Special Exceptions. (See Articlea2UL
1,
Format 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
are they same.
The Zoning Board shall be solely responsWe for determinations cn appUcations for
Class D Spedd Permits and Special Errcep. dons, AU appUcations to these classes of
special permits shaft be referred to the director of the Departrrtertt of Planning for his
�reeot::mendations and the direc%r shall make arty further ref errds required by these
regulations.
nor approvai of,
_'Class D Special Permit
„ / Special Exception
one:
DEZ. . hereby apply to tt -: City of
for property located at 31(.00 SCU 13 S'
Miami.
Nature of Proposed Use (Be specific)
� v EGG/,uti .GWiTS' .
/9a
Form 10-83
'vG-- 968
OWNER'S LIST
Owners Name VGN I-rO a-JO OlAsu a fffe2- J1y 'Z-
Mailing Address_ 0 Sw Z31 STX�ereT 4'1AAf1�• 33�"s" /��
T el epnone Number 20
Legal Description: W y2 .of Lot
YY�,�aw:�. �.bu.�•.loaw �tC�t� �� Cq — ? 3�
Owner's Nave
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 N� N Lecal Description
Street Address
Street Address
Legal Description
Legal Description
90-- 968
AFFIDAVIT 7 -
STATE OF F=IDA )
SS. 'c
COIJhTTY OF DADE ) -7
Before me,
the undersigned
authority,
this day
personally
appeared 0W- j?T awn
OtAAj&- r-L-7LN4&toM
who
being by
ire f .^ duly sworr.,
upon cath, deposes and says:
1. That he is the owner, or the legal represerr-ative of the
owner, subaitting the acccapanying application for a public hearing as
required by Once No. 9500 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 hiss to act in their behalf for the change
or modification. of a classification or zegulatioa of zoning as set out in
the acc®auying petition.
3. That the pages attached hereto and made a part of this
affidavit contaJr the current names. mailing addresses, phase numbers and
legal des=iptions for the real property which he is the owner or legal
representative.
k. The facts -as represented in the application and docuxn =s;
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not. �Q
(Name)
Sworn to and Subsc:t bed before me
this .31 day of Jy/ r 19`YO .
Norary ?ublit, State of Florida at Large
My C.�.."":... zzicn Exp' ..Y'es .
NOTARY PUNt1C. rMyt
MY COMMISSION EXPIRES: MAY 21. iDy� 89Noso THRY NOrAMI PUMLIC YNOpIWA,r,��
yo-- *968
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1. Legal description and street address of subject real property:
LOT i / & T#6 WEST 112 OF LOT 10 - BLOCK /0 OF AMENDED r LAT OF
M14A]I SUB080 ACRES. AS PER P.B. 4 AT P ABC 73 • .
3/6O S.W. 232d ST1166T, MMAII, FL 33145
2.. -Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of 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 pzoporticnate interest.
g.G-9e.
!oo•� �.��
BUI TO & D1 ANA F&?NANDCZ -
�1/4�•i ,t-Gc+�� 3 3 /�S
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.
6. C'F;�Id
1JoQE
STATE OF FLDR=A ) SS:
COMM CF DOE )
Aetn//M /mod
Ol &I-JA � LWsrJIoG'�- being
duly sworn, deposes and
says that ne is the
(Owner) (
) of the real property
described in answer
to question w1,
abme, that he has read the foregoing
answers and that the same are true and
c=aplete; and (if acting as attorney
for owner) that he has authority to
execute this
Disclos of Ownership
fo= on behalf of the
owner.
/ A /I�/,
_L i •1i Ad/iY fiw/Y
SWM M AND SIIFSC:ti=
-efore me this .11
gay of J cl I Y P 191,,.
I�iot�lty c� +c, a .ate or
Flog: ida at Loge
( r+..'W )
iX CMICMZM =I=:
OTARY PUBLIC. f'TATE OF FLORIDA.