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HomeMy WebLinkAboutR-89-0864t J-89-748(b) 7/26/89 RESOLUTION N0. 89---8611 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE APPLICATION FOR VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2003, SUBSECTION 2003.3, AND SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, MINIMUM OPEN SPACE REQUIREMENTS, TO ALLOW ADDITIONS TO THE EXISTING EIGHT UNIT RESIDENTIAL PROPERTY ON THE SITE, AS PER PLANS ON FILE, PROVIDING A SIDE YARD OF 0.0 FEET (5.0 FEET REQUIRED) FOR UNIT NUMBER 3 AND A BUILDING SPACING SEPARATION OF 2.3 FEET (5.0 FEET REQUIRED) FOR THE ACCESSORY (LAUNDRY) STRUCTURE ON THE SITE, AS PER PLANS ON FILE, FOR PROPERTY LOCATED 3069-71 DAY AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY). THIS VARIANCE IS FILED IN CONJUNCTION WITH A SPECIAL EXCEPTION APPLICATION FOR INCREASE OF FLOOR AREA OF AN EXISTING LEGAL, NONCONFORMING USE. WHEREAS, the Miami Zoning Board at its meeting of April 17, 1989, Item No. 4, following an advertised hearing, adopted Resolution No. ZB 44-89, by an eight to zero (8 - 0) vote granting a variance as hereinafter set forth; and WHEREAS, neighboring property owners have taken an appeal to the City Commission from approval of the variance; and WHEREAS, the City Commission after careful consideration of this matter and notwithstanding the decision of the Miami Zoning Board, finds that there are no peculiar circumstances affecting this parcel of land nor any practical difficulties and unnecessary hardships 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 decision of the Miami Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, CITY COMMISSION MEETING OF SEP 28 1989 89-864 RESOLUTION No. J-89-748(b) 7/26/89 RESOLUTION NO. -89-"8ei/1 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE APPLICATION FOR VARIANCE FROM ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2003, SUBSECTION 2003.31 AND SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 61 MINIMUM OPEN SPACE REQUIREMENTS, TO ALLOW ADDITIONS TO THE EXISTING EIGHT UNIT RESIDENTIAL PROPERTY ON THE SITE, AS PER PLANS ON FILE, PROVIDING A SIDE YARD OF 0.0 FEET (5.0 FEET REQUIRED) FOR UNIT NUMBER 3 AND A BUILDING SPACING SEPARATION OF 2.3 FEET (5.0 FEET REQUIRED) FOR THE ACCESSORY (LAUNDRY) STRUCTURE ON THE SITE, AS PER PLANS ON FILE, FOR PROPERTY LOCATED 3069-71 DAY AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY). THIS VARIANCE IS FILED IN CONJUNCTION WITH A SPECIAL EXCEPTION APPLICATION FOR INCREASE OF FLOOR AREA OF AN EXISTING LEGAL, NONCONFORMING USE. WHEREAS, the Miami Zoning Board at its meeting of April 17, 1989, Item No. 4, following an advertised hearing, adopted Resolution No. ZB 44-89, by an eight to zero (8 - 0) vote granting a variance as hereinafter set forth; and WHEREAS, neighboring property owners have taken an appeal to the City Commission from approval of the variance; and WHEREAS, the City Commission after careful consideration of this matter and notwithstanding the decision of the Miami Zoning Board, finds that there are no peculiar circumstances affecting this parcel of land nor any practical difficulties and unnecessary hardships 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 decision of the Miami Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, CITY COMMISSION MEETING OF Article 20, Section 2003, Subsection 2003.3., and Schedule of District Regulations, Page 1 of 6, Minimum Open Space Requirements, to allow additions to the existing eight unit residential property on the site, as per plans on file, providing a side yard of 0.0 feet (5.0 feet required) for unit number 3 and a building spacing separation of 2.3 feet (5.0 feet required) for the accessory (laundry) structure on the site, as per plans on file, for property located at 3069-71 Day Avenue, Miami, Florida, more particularly 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), is hereby denied. PASSED AND ADOPTED this ATT E MAT HIRAI City Clerk PREPARED AND APPROVED BY: r �RA EL E. SUAREZ- IVAS Assistant City Attorney 28th day of September , 1989. .VIER L. SUARE$, MAYO APPROVED AS TO FORM AND CORRECTNESS: '�WJ RGE L. FE Z City Attorn RSR:yv:1150 -2- 7 PZ=8 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) APPLICANVOWNER Stanley Walker 3071 Day Avenue Miami, Florida 33133 Phone 442-0672 ZONING i RG-1/3 General Residential (One and Two Family). REQUEST Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2003, Subsection 2003.3 and Schedule of District Regulations, Page 1 of 6 Minimum Open Space Requirements to allow additions to the existing 8 unit residential property on above site, as per plans on file, providing a side yard of 0.0' (5' required) for unit number 3 and a building spacing separation of 2.3' (5' required) for the accessory (laundry) structure - on above site, as per plans on file. This request is in conjunction with a Special . Exception application for increase of floor area of an existing legal, nonconforming use. 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 land, structures, or buildings in the same zoning district. X The special conditions and circumstances are direct result from the actions of the petitioner. X Literal interpretation of the provisions, of .Zoning Ordinance 9500 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. 3 s 11 YES NO N/A X Granting the variance requested confers on the petitioner a special privilege that is denied by this zoning ordinance to 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 RECOMMENDATIONS PLANNING DEPARTMENT PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION ZONING BOARD APPEAL 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. DENIAL. There is no hardship to justify the .requested variances to allow the addition to the existing residential unit No. 3, providing `a side yard of 0'-0", 5'-0" required; ana a building" space separation of 2'-4", 5'-0" required, for the accessory laundry structure. 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 44-89, by an 8_to O.vote,. approving the above. One proponent and one opponent were present at the meeting. 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('�• "«tr " r y_; R 10 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) Sinc re l ucker bbs, Preside n PETITION FOR VARIANCE File Number V-83-_ A variance is relarattan of the terms of the ordinance where such action wal not be contrary to the public interest area where, owing to candittons peculiar to the property and not the result of actions of the applicant, iiterai enforcement of this ordinance would result in unnecessary, =d undt hardship on the property. As used in this ordinanca, a variance is authorised only for height, area, size of struc=44 dimensions of yards acid other open spaces and of fstrest park4*cg or loading requirements (Section 31011 I, 57TNL Y G✓41_M FA , hereby petition the City of MIami Zoning Boars for a variance tram the terms of -the "Zoning Ordinance of the City of Mlami; affecting property located at -3e61— 7l L R Miami, as specified below. In support of this application, the following material is submitted with this application: ✓ 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. 2. Four copies of: the site plan showing (as required) property boundaries, existing Of any) and proposed structure(s), panning, landscaping, etc; building elevatloins and dimensions and computations of lot area (gross cnd net), building spacing, LUI ratios, and height envelope. ✓ 3. Affidavits disclosing ownership of property covered by appiica#lon and disclosure of interest form (Forms 4-83 and 4a83, attach to application). ✓ 4. Certified list of owners of real estate 'within 377 radius from the outilde �— boundaries of property covered by this application. (Form 6-83 and attach to application.) S. At least two photographs that snow the entire property (Iona anJ improvements). 6 Other (Specify) 7. Fee of $r to apply toward the cost of processing, based of the followinT (a) RS, RC-1 $100.00 (b) For penetration of Plane Ili by antennas and the like $300.00 (c) All other applications for qu $0.0$per sa.ft. of floor area of bvl aoch request variance idingo) from the ordinance minimum00.00 (d) Surcharge �6l ,,urchor a equal to applicable fee from ta)�c) Above, not to 094ed $0O.00, to be* refunded if there is no appeal. (City odds - Section 6Z • rep ll.44cis art rs:es 1� a- 3 L The Variance requested is for relief from th irovisions of Section of the City of Miami Zoning Ordinance as followsz , /. -� eclg-c /e 7'-'�" .D/s hr)e,, / � lioP7GI>.n1A &1 ouur�e�&a�ieo4� As.0cr� 9. %� eJ ?Ar'e a,6g4,1tZ'Acep1 1-,,V �SA re% V . Ics4 eau le v�' 41n> e-'I / ti IAA? o � s lm9c G 1 3; �%i G-/B ZO S66,�i 0 n aao 3 Acr„�Srar� I,SK�I�lr!' S�Acc / �?�Klr'�fiG�'JTf. _ 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 NOW, - M application camot be accepted for Zoning Board action: unless a_tI of tote f oUowbW sis items are completed, .. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not . o.pplicable to other lands, structures, or buildings in the some zoning district in that: (Ust. evidence to be produced and use additional sheets, if necessary.) 64 3 444 7� Q vav� S o (.2%.C/ o`-i ins./l a Aa / r/c0✓ wi-l/f n 44e� /Yf�tn �7�/fCr s1�i'ttc.T�tr�t � .�t�i %sal/n�s ire G � . I'L� G(�!? / f G✓/Sesi'7 eW,0 i'7 "/_ J2' 94,14o,17 Q )! X e.><: r (b) The special conditions and circumstances do not result from the actions of the petitioner in that; (c) Uterai interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same Ming district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: �uil�rl �,✓©r,,c./� �avG v�v �trro�er' a.. �{1�i�sJric y �,voriZ 'use �o �,e� � bran - sQ,�l �. ra u� rc�rt, 6?nAr 40 p&e-a !iL Ta 70) l /'o�vG'r QS GvD wl� 40 71- �a.+HG ,pQO�- SLt c.� AaA S5_ r fo 10-144 r»o✓rl /1 ds' 74ne?4"' d4l /7JG4 OC41 4re-'te7i 3r rAU> • (CO Granting the variance requested -will not confer on the petitioner ciiy special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: 7 lio Poe ,.-Adi 4 � Ott S 7L cCs � aim T/n r Lvo l401 no- xl va 4tMar Are �14 ALrC (0) The variance, if granted, is the minimum variance that will make possible the. reasonable use of the land, building, or structure in thou 7-1 8*9" W4 s q e C> a ofJ ' &"h �ora�O r7� a» o� �ias JJ e �,/ Q Gvl y cG0 W C� h C( A /C G h /h a,6uA;o' W C s %L G✓a.l� . VVf? c h �r- $� Ai A C6 5 ,rope- . y � y Gael �� ��1�,� w�G C� SeGT�t d h o'f � � s G,/a,� / !.✓/ l�'� wail• Aa!o,nlk,lj ord lh &Aceas s-`o c.c.l� 6 e d�GU/SG�•GQ Yc7 f �I7�t�Y /o a ne. +� ire lvi /% o./ s ,6 � a c o�-F/•�c�- �zz�we�n Co s«t e dY� �ti� u-rdl G./We s /CC e � vr,9 `j a►�l�s � i � �/y+/�6 s� d ors a /oQ prop e-r 17 00 s . M L hoia rp- ,Dd !'� u.4st vP i r�s�r'�'. ram ►:, .., ..�' V - VA rin_.•►c� 77- CO i�l Il t" i m 4 (f) The grant of the variance will be in harmony with the general intent and pvipose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ,-57e,e sxeel Note: All documer:t4 reports, studies, eshfbits or other written or graphic material. to be xibmftted to the Zoning Board shall be submitted with U93 appiicatfon. Signature . zA nef or Name Address • STATE OF FLORIOA) SS: /tn M COUNTY. OF DAOE ) L!< being duly sworn, deposes and says t at ne is the tOwnarJ to for) of the real property described in answer to question fi 1, above-, thnt he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on beheif of the owner. (SEAL) SWORN TO AND SU CRIB before,mettL7 day of MY COMMISSION EXPIRES: - Form 1-83 _ F • AFFTDAVTT STATE OF FLC,=) SS. COM= OF DADS ) Before me, the undersigned authority, this day personally aMM-ed S _1A /d LE �/ 16M bd�& who being by we first duly sworn, Von. oath, deposes and says: I. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9S00 of the Code of the City of miama, Florida, effecting the real property 1oC'ated in the City of Minna 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 mrx+: f, madam of a cla.nsif.— =ion or regulaticin of as :.r. >,A. ;n the ac: ;aa ing r,?et:itioa. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phase mzmbers and leati descriptions for the real property which4he is the owner or legai repzesentative. 4. The facts -as represented in the application and docuceats subaitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Swom to and Subscribed before me this Z9,`ter of g� . Q.- Public, State Florida at Large . t Expires: NOTARY PUBLIC :m0f OF FLORIDA NY CONNISSIOR EXP. uOY. 5,1990 "Ax (SEAL) (NameI r s • �. r 61 i OWNER'S LIST Owner's Name WA l.<C-e. Mai l i ng Address / 367/ r4 M MM I 1 1.d 3313,E Telephone Number Va2 v -7 Legal Description: /—, 15 7 01' OM-01 ePow' ( L subd,us�o� Ole o ./am's 3-3Y Owner's Name Mailing Address Telephone Number Legal Description: ;n 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 /vo N 25: Street Address Legal Description Street Address Legal Description 0 DY�cusy� of a�s� 1. Legal description and street address of subject real property: 0 ra 9 - '7l y r4Ye �DTS -7_� 6 Dran9C eounel sc,,6eiiv�s.bh o-� �o�-- f h ,0*1& s 7��A 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 Co=ission. 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.. 577-4 N1-6 i WA U<r- !Z So CL 0WAI6/� /p0 0 /4p-�- j 30-7 /�- , Ave, M I AM > .-c-4A 3 3/ 3 3 ¢�-067-1 3. Legal description and street addres- of any t -: ai pr. ope:. I , ) owned by any party listed in answer to questicm vim, ami (b) located wtthin 375 feet of the subject real property. 1)04e STATE OF FirrJR M ) SS: CO 1. I'Y GF DARE 1rvA[./�61 being duly sworn, deposes and says �� Ls the r(Owner) (hta r --er) of the real property described in answer to question #1, above= that he has read the foregoing answers and that the same are true and c=pietes and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. ' t (SEAL) Mamdf ONE• �� �i- M' �C1p1� MY cmv=124 EDTBZS. NOOF Pura . IZ. tale oz Irl6rida at La 9e 10TANY ►*1C STATE OP F WJDA NY MISSION EXP. NOY. $119" 89-864