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HomeMy WebLinkAboutR-89-0863J-89-747(a) 7/26/89 RESOLUTION N0. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING A SPECIAL EXCEPTION FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, TO ALLOW THE 14% ADDITION TO THE EXISTING FLOOR AREA OF ONE OF THE EXISTING EIGHT (8) DWELLING UNITS ON THE SITE, AS PER PLANS ON FILE, COMPRISING AN ADDITION TO ONE EXISTING UNIT AND A LAUNDRY STRUCTURE FOR THE PROPERTY LOCATED AT 3069-71 DAY AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE- AND TWO-FAMILY), SAID SPECIAL EXCEPTION BEING FILED IN CONJUNCTION WITH A VARIANCE REQUEST ON SIDE AND REAR YARD AND ACCESSORY BUILDING SPACING REQUIREMENT. WHEREAS, the Miami Zoning Board at its meeting of April 17, 1989, Item 3, following an advertised hearing, adopted Resolution ZB 43-89 by an eight to zero vote (8 - 0), granting the Special Exception from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, to allow the 14% addition to the existing floor area of one of the existing eight dwelling units on above site (which constitute a legal, nonconforming use found likely to continue indefinitely), as per plans on file, comprising of an addition to one existing unit and a laundry structure for the property located at 3069-71 Day Avenue, Miami, Florida, also described as Lots 7 and 8, ORANGE POUND'S SUBDIVISION of Block 6 of the EDWARD PENT HOMESTEAD (3-34); zoned RG-1/3 General Residential (One- and Two -Family); which Special Exception was filed in conjunction with a variance request on side and rear yard and accessory building spacing requirement; and WHEREAS, the Coconut Grove Civic Club has taken an appeal to the City Commission from the granting of the Special Exception; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the application for a Special Exception CITY COMMISSION MEETING OF SEP 28 1989 Im does not meet the applicable requirements of Zoning Ordinance 9500; NOW, THEREFOREr BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The decision of the Zoning Board in granting the Special Exception from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, to allow the 14% addition to the existing floor area of one of the existing eight dwelling units on the site (which constitute a legal, nonconforming use found likely to continue indefinitely), as per plans on file, comprising of an addition to one existing unit and a laundry structure for the property located at 3069-71 Day Avenue, Miami, Florida, also described as Lots 7 and 8. ORANGE. Pn[imnIq SUBDIVISION of Block 6 of the EDWARD PENT HOMESTEAD (3-34); zoned RG-1/3 General Residential (One- and Two -Family); which Special Exception was filed in conjunction with a variance request on side and rear yard and accessory building spacing requirement, is reversed and the Special Exception is hereby denied. PASSED AND ADOPTED this 28th day of ,,9e'ptemb�, 1989. A E MWTTY HIRAI City Clerk PREPARED AND APPROVEA A - /__ - 4D Y: • AEL E. SUAR -RIVAS A sistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: r v v J GE 1K. FE City Attorp RSR:yv:M1147 -2- XAVIER L. ARE Z, ZONING FACT SHEET LOCATION/LEGAL 3069-71 Day Avenue Lots 7 & 8 • ORANGE POUND'S SUBDIVISION of Block 6 of the EDWARD PENT HOMESTEAD (3-34) APPLICANT/OWNER Stanley Walker 3071 Day Avenue Miami, Florida 33133 Phone 442-0672 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, to allow the 14% addition to the existing floor area of one. of the existing eight (8) dwelling units on above site (which constitute a legal, nonconforming use found likely to continue indefinitely), as per plans on file, comprising of an addition to one existing unit and a laundry structure. RECOMMENDATIONS PLANNING DEPARTMENT PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD APPEAL This appjication is filed in conjunction with variance requests on side and rear yard and accessory building spacing requirement. DENIAL. This request is filed in conjunction with a variance petition. The clear intent of Zoning Ordinance 9500 is to abolish or limit the growth of a nonconforming use or structure. The increase in floor area in this particuloar case does create an intusive situation in the one and two-family residential district. There are already eight (8) units on the two lots which presently allows only four (4) units under the RG-1/3 zoning district. Sidewalk required on Day Avenue. Covenant for curb and gutter required. No comments. At its meeting of April 17, 1989, the Zoning Board adopted Resolution ZB 43-89, by an 8 to O vote, approving the above. One proponent and one opponent were present at the meeting. Three replies in favor and four objections were received by mail. Letter dated April 23, 1989, from Tucker Gibbs. 1,4 89 -863 a f y rz 1 ' `K 27 3 14 1 �� . P 7E g : 2 IS LLI 10 3 Is z 9 M4 3 � IT J e s OMB �q0 NWL 33 • °O J ACKSON 34 3S 9 00 _ 1 1 9 10 1 _ . 1 1 z _ % a u� 31wo no Ig T ISO so 6 Q 6 0 7 1 •tealsa I. Ito Is11-wls AVE ' SHIPPING -- ,o• so so t I>]b ISOPI W a » so 414 M( e 1 j 25 2I 24 29 2 T 2 LOT l M 2Q 10 wit 26 2 3 0 71 eO 29 6 e.� g E ►'" 0 2T 3 �i4 so �M • 2e 23 22 2t 19 16 Lo T 2 R U T H» STD M a 29 20 30 43 M 1 j0 3 +p !• Z.F. j 6 ORANGE ST. ���� 3 a N 7 6ns 31 � 1 T "I 42 Isf • 32 Q 1? • 13 t4 1 IT 33 41 - t ,3 33 16 9 40 c� clK 3? 36 33 3 Is 14 12 11 10 II 10 ;:; 6 34 36 3a g Z i .•�} : 3T ff s.. • f0 00 . . » SO fA w.•. • •4 • I p S to DAY A V E !'; i .Q` 0�'Pw ( I • ANEW 309 104 32 I W30 21% 27 26%ATQA . s z GROVE !�T Jai►OElo� Q 31 i Ilk ..1 1 2 3 4 is J 0• 4 3? S 2 9 C= ` s LIME CTID 0 1 Ts 6 , 22 s N 2 0 ' T 35 21 Io T VILLAGE so 0 36 20 12�' I • 11 ' I 10 2 T �+ 37 19 11 Z • 10 (3i 1 • 10 I 3 i .� T I I 12 (� 13 14 Ib I6 47 ' a 6 S 4 $ 6 • C 1 T Y' � 79 60 O !f0 3f0 40 41 40 " O O P� OAK lo g 6 7 6 11p A R K cam/ 37 3Q 41 4 CD g >s 17 •1 20 R � L �i s; TRACTX. 3 I�i�IM�Y�r11�� # 0 F 1 Coconut Grove Civic Club p.o.box 381 coconut grove florida 33133 28 April 1989 Gloria Fox Hearings Board Division CITY of MIAMI Zoning Department 275 N.W. 2nd Street Miami, FL 33128 Dear Ms Fox: The Coconut Grove Civic Club desires to appeal the grant of a special exception and a zoning variance for the property at 3069-71 Day Avenue by the City of Miami Zoning Board at its 17 April 1989 meeting (ZB RES. 43-89 and ZB RES. 44-89). ISincgrel.ebbs;)-- Tucker Preside 89-863 e�4S{fit `..,«• r ..,f �4 as 4 :7 Y� r�-�! ,4 x {j�'t�'4ais,1.`F Y,• Y �.N.. ><1' 4 j r` i. ,.�;n `S .� ' z.•t «r ,yX>''� �� 1' w* 1 :t�- .i `; ttj 4 s��+ r� t��>'� Y { •.j : '�.i "'*fi>. S.A dlyk�sr Al rPW�� � r � y�iyf � h Aga Af Art AW . f .Sw i ,? � r 5 �£-g T`�� ,s.} t�'x'Y � � � tF ♦r ' ^c I -x 'tkiF- t. - r H � � r .Rr'� ✓' rr'� - vl �'r S � ' �". r _ i rTy d� � '4 . k wt•D r?. 's "?'�""' c '~ ,,4�•.�' � t �, ♦-° t y/w�, h t r ,t �� .t �c�,.�� ram' q fx": •C iT wsv'j',�,?'•. '�'j�r'`t },,,.,r h'� !4'r nw 7.+ r{ t yea rt x {a3' .. }�Rj ., M x r ''�ry, �f_'ta-a; r. t� s !•,I }�EU �. � .t � ..1` � i{ �r:��4..� x1•r•k, r rY r.'� _ �� S` %..- "+p' A- r f • �,t. h r APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE-83- Within the City generally, or within certain zoning districts, 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, conditions, and safeguards 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 judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions. (See Article 26.) Formal public notice and hearing is not mandatory for Class D Special Permits, but is mandatory for Special Exception& in other respects, these classes of special permits are the same. The Zoning Board shall be solely responsible for determinations on applications for Class D Special Permits and Special Exceptions. AU applications in these classes of special permits shall be referred to the director of the Department of Planning for his recommendations and the director shall make any further ref envIs required by these regulations. herehv eoaiv to the City of Form 10-03 ,x Fags l of 3 its CiiT/ I c�ftch the following in support or explanation of -this ap{�icatioru \--' 1. Two surveys of the property prepared by- a State of Florida Registered Land Surveyor. ✓ Z Four copies of: site plan showing (as required) property boundaries, existing and proposed structtne(s), parking, landscaping, screening, etc; building elevatdons (if required) with dimensions and computations of lot area (gross and net), LUl ratios (open space, floor area, parking, etc.), building spacing and height envelope. See Section 2304.2.1(c). 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to application.). 4. Certified list of owners of reaiestate within 37SI radlous from the outside boundaries of property covered by this application. (See Form 6-83 and attach to / appiicattonl. S. At least two photographs that show the entire property (land and improvements). 6. Other (Specgy) 7. Fee of $• ,/ C7©a , based on following (a) Class 0 $3p0.00 (b) Special Exception .00 (c) Surcharge equal to applicable fee from (a) or (b) above to exceed $400; to be refunded if there is no appeal (City Coda Sec 41). Signature � ZA2!X ner or Authorizea Agent . Name Address City, State, zp, M / A Al / ....F.`: 0�.. Phone 06 ? STATE OF FLORIOA) SS: COUNTY OF DADE ) being duly sworn, deposes ona says that me is the t wnerl tautnorizea agent/ or the real property described above; that he has read the foregoing onswers and that the same are true and completes and (if acting as agent for owner) that he has authority to execute this application form on behalf of the owner. Form 10•83 Rage2 of 3 SWORN TO AND Si�� day befo me this Of N ary u tic, State of on at Lcrgm' OF FLORIDA MY COMMISSION EXPIRES: NY CONNISSION ExPNOTARY PUBLIC TENov `5,1220 _ t AFFTDAVTT STJIZ'>r OF FL03IDAl 5S. Off= OF DADS ) Before me, trs lmde ed authority, this day Pam ' -guy appeared S-1-A &E y I/1/A �,�'� who being by me first duly rworm. Upim oath, deposes and says: L M= he is the owner, or the legal reprpse rtative of the owner, submitting the acco =rging application for a public hearing as re*dred by Ordinance No. 9500 of the Code of the Cite of Miami., Florida. affecting the real properly located in the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof. Z. That all owners which he represents, if any, have given their full and ccamieta r"m Wei on for him to act in their behalf for ttm change or =,.4 r= motion of a ci.a=! f= c ti on or reguiui m of z-.1tAz-X as E-et C:.tt. J. n the ac: ^...z;afA'alg petition. 3. That the pages attached hereto and made a Fart of this affidavit corztain the cutreat names, mailing addrpssps, plume numbers and leasdescri-;tions for the real property which -he is t m owner or legal reprerzutative. 4. The facts -as represented is the agpiicaticm and docu=cs aftotttad in cozzjwacLim with this affidavit are true and correct. Further AflUmn sayeth not. (SEAL) (N=e Sworn to and Subscribed before me Public. State Florida at Large My Corr Expires: NOTARY PUBLIC bu" OF FLORIDA NY CONNISSION EXP. NO9. $.logo ..• Z 1 0 OWNER'S L t 5T Owner's Raft NI-46 Y h/.4 C. � � ....... . . Hailing Address • &4-- r 3d r7l _ J'� A w Al MM I ,,Q .3313.E Telephone Number 0-71 Legal Description: D1C OPW StrCO �l V/5J 0+7 o fC %3l ori�, �p o �'7`�G 3--3Lf Owner's Name Mailing Address Telephone Number Legal Description: ' ;T1 Owner's Name Mai 1 i ng Address Telephone Number = Legal Description: -, Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 37S' of the subject site is 1 i sted as follows: Street Address Legal Description No N 4E Street Address Street Address r Legal Description Legal Description rN 1. Legal description and street address of subject real property: 069 - r7/ .ky 4we �D7LS "7�S oea..:5pc sc�.6.1 vis.a� o-� /off- Crr- Ct"An&.4 Re.m 3 - 3 q . 2. Owner(s) of subject real property and -percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties aving 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. for any other interested parties, together with their addresses and proportionate interest. 572i tv46 >, k/.A c. xe P2 Ap-f- l 30-7 / ZINI A ve M/AMf Fvq 33133 So t.so 0 W/V SA, /a YO 3. Laq&L description and street address of owned by any patty listed in answer to question t2, 375 feet of the subject real property. /)Oh6 STATE OF FI RM ) SS t COGYI'Y CF DADE � ) any tea! grope: - . ! , ) aria (b) located wltbin CM&L &I, Lv o ue W , being duly sworn,, deposes and says that no is the (Owner) ( er) of the real property described in answer to question #l, above= that he has read the foregoing answers and that the same are true and completes and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. Fj IOUIT P*19 STATE FUNWA AT COI 8810S 91P. .t.liEo Fablid, SUN' oz