HomeMy WebLinkAboutR-88-0190W . W
J-88-158(a)
2/25/88
RESOLUTION NO. 88-190
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND GRANTING A VARIANCE FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
SCHEDULE OF DISTRICT REGULATIONS, PAGE ONE OF
SIX, RS-2/2, ONE FAMILY DETACHED RESIDENTIAL,
MINIMUM OPEN SPACE REQUIREMENT, TO ALLOW AN
EXISTING ADDITION TO THE SINGLE-FAMILY HOUSE
FOR PROPERTY LOCATED AT 120 SOUTHWEST 66TH
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN), SUBJECT TO PROPERTY OWNER
HOSTING A BARBECUE FOR FIFTY DISADVANTAGED
CHILDREN WITHIN SIXTY DAYS FROM THE DATE
HEREOF, AS PER PLANS ON FILE; ZONED RS-2/2
ONE FAMILY DETACHED RESIDENTIAL.
WHEREAS, the Miami Zoning Board at its meeting of
February 1, 1988, Item No. 4, following an advertised hearing,
adopted Resolution No. ZB 14-88, by a six to three (6-3) vote
DENYING the variance as hereinafter set forth; and
WHEREAS, the applicants have taken an appeal to the City
Commission from denial of the Variance; and
WHEREAS, the City Commission after careful consideration of
this matter and notwithstanding the denial by the Zoning Board,
finds that peculiar circumstances exist which impair the owner's
right to some reasonable use of the property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That 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, Florida, Schedule of District Regulations, Page one of
six, RS-2/2, One Family Detached Residential, Minimum Open Space
Requirement, to allow an existing addition to the single-family
house for property located at 120 Southwest 66th Avenue, Miami,
Florida, (more particularly described as Lot 18, Block 8,
FAIRLAWN, as recorded in Plat Book 8 at Page 83 of the Public
CITY CO3'L,4j.,US::I0�
MELTING OF
FED 25 1988
RESOLUTION No. _88--190
1
0-1
Records of Dade County, Florida), subject to property owner
hosting a barbecue for fifty disadvantaged children within sixtv
days from the date hereof, as per plans on file; zoned RS-2/2 One
Family Detached Residential, is hereby granted.
PASSED AND ADOPTED this 25th day of February , lggg,
ATTEST:,'
///0
_ t l
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
N-&-Ja�11�1►�`1?.wN
. MRIAM MAER
Assistant City Attorney
AAPPRODTO FORM AND CORRECTNESS:
GHERTY
City Attorney
GMM/rcl/M623
rit�"4" •OQ
AVIER L. SU22 AYOR
PZ=8
ZONING FACT SHEET
LOCATION/LEGAL 120 SW 66 Avenue
Lot 18
Block 8
FAIRLAWN (8-83) P.R.O.C.
APPLICANT/OWNER Domingo F. and Rebeca Erice
120 SW 66 Avenue
Miami, FL 33144 Phone * 266-7339
ZONING RS-2/2 One Family Detached Residential
REQUEST Variance from Ordinance 9500, as amended, the
_ Zoning Ordinance of the City of Miami, Schedule
of District Regulations, Page 1 of 6, RS-2/2 One
• Family Detached Residential, Minimum Open Space
Requirements, to allow an existing addition*to
the single-family house, on above site, as per
plans on file. •
RECOMMENDATIONS
PLANNING DEPARTMENT
DENIAL. There is no hardship to justify the
requested variance as the addition was built
without the benefit of a building permit. The
proper 5' side setback should have been
provided.
PUBLIC WORKS
No dedication is required. A paved driveway
will be required in the street right-of-way to
serve the new garage if this request is
approved.
DADE COUNTY PUBLIC
WORKS
No comments.
ZONING HISTORY
On September 25, 1987 a violation notice was
issued to the applicants for construction of an
addition in the required side yard. On October
21, 1987 because of noncompliance a summons was
issued to appeal before the Code Enforcement
Board on December 9, 1987. The Board found
them guilty and a.fine of S250/day set if not in
compliance by January 5, 1988; an inspection on
January 5, found the violation still existing.
To date violation still exist with applicant
electing to legalize by obtaining a variance.
NOW
ZONING BOARD At its meeting of February 1, 1988 the Zoning
Board adopted Resolution ZB 88-14, by a 6 to 3
voteldenying the above.
Nine proponents and two opponents were present
at the meeting. Two replies in favor and one
objection were received by mail.
APPEAL Letter from applicant dated February 4, 1988.
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120 SW 66 Avenue
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88-190, 4,
120 S.W. 66 Avenue
Miami, Florida 33144
February 4, 1988
Hearing Board
City of Miami
275 N.W. 2 Street
Miami, Florida
RE: Lot 18, Block 8
Fairlawn
120 S.W. 66 Avenue
Miami, Florida 33144
Hearing of February 1st, 1988
Dear Sirs: ,
By these means I will. like to make a formal request for an
appeal from the decision made on February 1st, 1988, denying my
request for a zoning variance. I do not consider it to be fair
nor proper in lieu of the circumstances.
I will also like to receive copy of the transcript of the hearing
of February 1st, 1988.
Very truly yours,
Rebeca Erice
PETITION FOR VARIANCE
File Number V—
A variance is relatation of the terms of the ordinance where such action will not be
contrary to the public interest and where, owing to conditions peculiar to the
Property and not the result of actions of the applicant, literal enforcement of this
ordinance would result in unnecessary! and undue hardship on the property. As used in
this ordinance, a variance is authorized only for height, area, site of structure,
dimensions of yards and other open spaces and of (street tag or loading
requirements. (Section 3101)
hereby petition the City of Miami Zoning
Board for a variance from the terms of the "Zoning Ordinance of the City of Miami;
affecting property located at _10g BUJ v' " .."a _� Miami, as
specified below.
In support of this application, the following material is submitted with this application:
— I. 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), parking, landscaping, eta building elevations
and dimensions and computations of lot area (gross cnd net), building spacing, LU1
ratios, and height envelope.
3. Affidavits disclosing ownership of property covered by application and disclosure
of interest form (Forms 4-83 and 4a83, attach to application).
_ 4. Certified list of owners of real esrare within 375' radius from the outside
boundaries of property covered by this application. (Form 6-83 and attach to
application.)
_- S. At least two photographs that snow the entire property (land anJ improvements).
�.6. Other (Specify)
�+ 7. Fee of $ to apply toward the cost of processing, based of the'following:
(a) RS, RC-1 $100.00
(b) For penetration of Plane III
by antennas and the like $300.00
(c) All other applications for
each request variance $0.03 per sq.ft. of floor area of buildings)
from the ordinance minimum - $300.00
(d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.M,
to by refunded if there is no appeal. (City Code - Section 62-61)
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_ & The Variance requested is for relief from the provisions of3i/S�/-ac��',gf
the City of Miami Zoning Ordinance.as follows:
r + 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 application cannot be accepted for Zoning Board action unless all of the
following six items are completed.
(a) 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 some zoning district in that: (list evidence to
be produced and use additional sheets, if necessary.)
'Ti/t � , ar A .1 % / o i✓ :S D p.'S .va `7 ,.�,G � cz r'' /c '30 /3/
/ft' "> ate mel /1/: %l �C'i�=d' i �!i f�.•�T � S �.t/ �L-"�
/tv 7`/�c / /� /hce A er- /ar>'*.
(b) The special conditions and circumstances do not result from the actions of
the petitioner in that:
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{c) Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the some
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':
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(e) 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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(f) 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 otherwis_edetrimental to the public welfare.
E•'� / / li I .L1 /'" "t /�!� / ,S ! A—
Note: All documents, reports, sWdies, whits or other written or graphic material to be
submitted to the Zoning Board shall be submitted with this cation.
Signature-
ner or A__,utha(ih ed Agent
Name 7�ol1�iN��n ALA.- jg/210E
Address /:1C ,'y�gA-'" & A, - 6(d.
STATE OF FLORIDA) SS:
COUNTY OF DADE
duly sworn, deposes and
says tat he is the (Owner)) of the real property descrlbed in
answer to question dI, above; that he has read the foregoing answers and that the same are
true and complete; and (if acting as agent for ovvner) that he has authority to execute this
petition on behalf of the owner.
c. a d d - 'i(SEAL)
Nome)r • r
SWORN TO AND SUBSCRIBEDdr
o '
beXe me this .� dayde
lot
�• /
o 'rs C � tary P hda at Large
4 to r Ar
MY COMMI�i'UOJ,WIRES:
_ Icy, • ;f�� � "
Form 1-83
f38-190, A
AFFIDAVIT
STATE OF MUM
SS.
CODUMTY OF DADS )
Before me, the undersigned authority, this day personally
appearedo,_�p M• A.�6u +�' Pe:VRM )�Vo�feing by ire 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 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 him to act in their behalf for the change
�sr modification of a classification or regulation of zoning as set out in
the acco 4anying 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 ne is the owner or legal
representative.
4. The facts -as represented in the application and documents
m ft dtted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subs cri re me •., ,�., �. u
this day of 'ly •4 e5
101
r X4
Nosy Pu1ia Hof Florida at Large
My ComrdssionSap'hs;� �tarib
� fed G l990
• OWNER'S LIST
Owner's Namee� D /'.•d'� �V ci--✓ ,� V -1
Mailing Address % lv!v /¢mar.✓&w
Telephone Number %'s
Legal Description:
V � � ca es/ �///4''�'` (' J �));.�ly.•. � ,/� ` , Jam((
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Nacre;
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
Street Address
Street Address
Legal Description
Legal Description
Legal Description
DISCLCSUEE OF C/WMHIP
1. Legal description and street address of subject real property:
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami ordinance No. 9419 requires disclosure of all parties
Laving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question U requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
Wier. • ,/ 6-l'-4. .3 iid
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. '
STATE OF FLQAIDA ) SS:
C0QdY OF ME
earn'! GGf being duly sworn, deposes and
says t no is the Owner) 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 eooplete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of ownership
form on behalf of the owner.
SMIOii'1 70 AND •�
before lm is
day of 8 r1. q ca
+ t Q •� e
#OIANI ►UKIC STAR Or ►tO 44 d=i'` �e• % •'••i J �� .
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Ni CONf13SSi0N EIIr MIME 2161961 PL!b � ,•�� •'•Sit►��.o .:
IONOQI INRY 411E1A1 IMS• UMW. 41w..:.T�• r :..��
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MY CMUSION EU FS: