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HomeMy WebLinkAboutR-87-01117 4 J-87-69(a) 1/22/87 RESOLUTION NO. 130I"` A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, CR COMMERCIAL RESIDENTIAL (GENERALLY), MINIMUM OPEN SPACE REQUIREMENTS, TO PERMIT AN EXISTING ADDITION TO A SINGLE-FAMILY RESIDENCE, ZONED CR-3/7 COMMERCIAL RESIDENTIAL (GENERALLY), LOCATED AT 1253 NORTHWEST 35TH STREET, ALSO DESCRIBED AS LOT 10, BLOCK 11 WEST END PARK AS RECORDED IN PLAT BOOK 6 AT PAGE 142 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE, SUBJECT TO THE CONDITION THAT OWNER MUST MEET ALL REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE WITHIN ONE YEAR FROM DATE HEREOF, WITH A 1.71' REAR YARD (5' REQUIRED) SETBACK. WHEREAS, the Miami Zoning Board at its meeting of December 15, 1986, Item No. 3, following an advertised hearing, adopted Resolution No. ZB 133-86, by a 5 to 4 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: i Section 1. The decision of the Miami Zoning Board in this i matter is reversed and the request for a Variance from Ordinance t No. 9500, as amended, Schedule of District Regulations, Page 4 of 6, CR Commercial Residential (Generally), minimum open space requirements, to permit an existing addition to a single-family residence, zoned CR-3/7 Commercial Residential (Generally), located at 1253 Northwest 35th Street, also described as Lot 10, Block 11 WEST END PARK, as recorded in Plat Book 6 at Page 142 of the Public Records of Dade County, Florida, as per plans on file, subject to the condition that owner must meet all requirements of the South Florida Building Code within one year F MMISSION ING OF U 1907. from date hereof, with a 1.71' rear yard (5' required) setback, is hereby granted. PASSED AND ADOPTED this 22nd day of January , 1987. ATTE : • MAT HIRAI X IER L. SUAREZ, AYOR City Clerk PREPARED AND APPROVED BY: MIRIAM MAER Assistant City Attorney APPROV A TO FORM AND CORRECTNESS: L CIA A. DOUGHER Y City Attorney GMM/wpc/pb/rcl/M309 ZONING FACT SHEET LOCATION/LEGAL 1253 NW 35 Street Lot 10 Block 1 WEST END PARK (6-142) P.R.D.C. APPLICANT/OWNER ZONING REQUEST RECOMMENDATIONS P Z w-6 Jose R. Martinez 1253 NW 35 Street Miami, FL 33142 Phone #634-6874 CR-3/7 Commercial Residential (General) Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 4 of 6, CR Commercial Residential (Generally), Minimum Open Space Requirements, to permit an existing addition to a single-family residence on above site, as per plans on file, with a 1.71' rear yard (5' required). PLANNING DEPARTMENT DENIAL. There is no hardship to justify the requested variance as the structure was built without the benefit of a building permit. The proper rear yard setback should have been provided. PUBLIC WORKS No dedication is required. DADE COUNTY PUBLIC WORKS No comments. ZONING BOARD At its meeting of December 15, 1986, the Zoning Board adopted Resolution ZB 133 -86, by a 5 to 4 vote, denying the above. One reply in favor received in the mail. Two proponents were present at this meeting. APPEAL Letter dated December 29, 1986 was received from the applicant appealing the above to the City Commission. u !i t I I I I I ,. RAND Q&I'vor R" CITY OF RAM Pi ANNING & V"V" lW29 A9:44 C/lieF o�ea ri,v e0a roS ro a- �Q ��/G i1/C e- DoKr LAA.A/o 11.1C All 6 � r % �!J � y � �l �e d t O r GZ 1✓1 r �a ti�C G II rDY %IFar SQ! �AG^ ©N De c e M bee %�J I q ?( I l 3 wc z s q%,v Ih� �JAJ,_fj ieoew rd. ..�- A e r e by If p)o e cc CoM�/sS/o�v, oSe- 3 ti w 3 5 7.4 Lty--c.-T St -Ai c e r- a 1 ; PETITION FOR VARIANCE 14 File Number V-83- A variance i; relzratton 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 enfereerieng of thLs ordinance would result in unnecessary, and undue hardship on the property. As used in Wds ordinancep a variance is authorised only for height, area, size of structure, dimensions of -yards and other open spaces and offstreet Parwng or loading requirements. (Section 3101) I•— °"p �'t�^ - hereby petition the City a Miarn! Zo.-Iing Becrd for a variance rom the terms o t e "Zoning Ordinance of the City of Mia,ri;' of ; eeting Property located at 1 . l•1 _ 35j; s t r A A f h,icmi specified below,---.-...9 u.; !' support of this application, the following material is submitted with this ap;-!!cation: I. Two copies of a survey of the property prepared by a State of Fiurida Regisiered Land Surveyor. 2. Four copies of: the site plan showing (as required) property buundc,rier•, wasting (if any) and proposed strueture(s), parking, landscaping, etc; building elevations and dimensions and computatiors of lot area (gross cnd net), building %Pcc;ng, LUI ratios, and height envelope. I Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4o83, attach to applicaticn). 4. Certified list of owners of real estare within 375' rcdius from V-e nut side boundaries of property covered by this application. (Form �-83 an•, at►ich to application.) — - S. At least two photographs that snow the entire property (Ia- ' .1,J irnprovemrnisi. 6. Other (Specify) 7. Fee of $�+ to apply toward the cost of processing, based of the , flowing: (a) , RC -I $102.00 (o) For panctration of Plane III by c hennas and the like $300.00 10 All other applications for each request variance $0.03 per sq.ft. of floo. area of building(s) frorn the ordinance minimum - $300.00 (d) Surcharge equal to applicable fee from (a)-W above not to exce .d $SC0.0(%; to ho- refunded if there is no appeal. (City Code - Section 62-61) N00.�,.�_. 87 -111i 0 F 1 • • ^ITV ''� 1' _ S. The Variance requested is for iNitef from the provisions of Section , n , of the City of Miami Zoning Ordinance as follows: Variance Required for r $r pieelh WWO :' required 1.7_ 'p%ovided 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 _• of the following sir items are completed. %) Special conditions and circumstances exist which are peculiar to She land, structure, or building involved and which are not applicable to other lands, structures, or. buildings in the some zoning district in that: (ifst evidence to be produced and use additional sheets, if necessary.) None W The special conditions end circumstances do not result from the actions of the petitioner in that: . No, Structure is existing. Unfamiliar with &unaware of the zoning requirements the petitioner built th-e structure without a permit. The special conditions and circumstances (j are a'result of the actios of the petitioner. m V lip • � ��VMv (c) Literal interpo station of the pr*%Vibns 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 hardshiptidn fhli 1WHIftikSin that: Since the structure is existing, literal interpretation of the zoning ordinance setback requirements would deprive the applicant of h.is right to have erected and maintain the structure in questior on his property and vould create undue -hardship on the petitioner since he may be required to remove the structure. (d) Cranting 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 some zoning district in that: There are other land in the district where buildings are structures are similarly close to the property line. The owners of these lands have the right to and may request a variance just like the petitioner has requested. f (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure In Chats The structure is existing on the site and the granting of the variance will allo'w'.the structure to stay as is. The Petitioner ( unaware of the zoning requirements) buit the structure in question so close to to the p. line so that he may have sufficient space to park his automobiles of the rear of the property. 8'7-1111 n 0 �,Itv 1C LI 41' M The grant of the variance will be in harmony with the general intent and purpose of the Zoning $r ,1 ?h will not be Injurious' to the neighborhood, or otherwis et to o? a public welfare. Yes Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Boqrd shall be submitted with this application. Signature ' Metu orize gent Name -�O c' �'1 �' r / /.v N e Address 1 vZ /V •,�..!_ �, f T STATE OF FLORIDA) SS: COUNTY OF DADE ) U 00. being duly sworn, deposes and says tat a is the(Owner) (Authorized Agent of owner) of the real property described In' answer to question if 1, above; that he has read the foregoing answers and that the some are true and complete; and (if acting as agent for owner) that he 4ds authority to execute this petition an behalf of the owner. _ '41".1 / SWORN TO AND SUBSCRIBED before me this — 1= day of MY COMMISSION EXPIRES: Notary Public State of Florida at large My Commission Expires Nov.13,1989 maraca TMRY F&ORICA NOTARY s[RVICU Form 1.83 ii 7 rz otary Public,. State of Florida of Large 87-111i A F __1) AVIT `. STATE OF FILSSDA) �' : 1 A r Ss. COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared _ -In-ge Martinez. __ , who being by tre 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. 9600 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 perni.ssion for him to act in their behalf for the change ,.)r modification of a'classification or regulation of zoning as set out in the acce^pa-Sing petiticn. 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 docents submt,ted in conjunction with this affidavit are true and correct. Further Aff iant sayeth not. r (Nam�1 Sworn to and Subscribed before me this day of ,N 2 V 19. Notary Public, State of Florida at Large My Commission Expires: W Ca!ttnission Expires Nov. 13,1989 Piet/ am ra�nazasa msa VVNid L 8'7rill, ON O INER' S L; S1` Owner's tame Jose Martinez hailing Address 1253 NW 35th Street Miami, Florida Telephone Number 305-634-6874 Legal Description: Lot 10, Block 1, Amended Plat Westend Park According to the Plat thereof as recorded in Plat Book 6, Page 142, of Public Record of Dade County, Florida. 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 Street Address - Street Address Legal Descriotion. Legal Description Legal Description 87rill DISCLDSURE_ OF i _ 1� ? d 1. Legal description and street address of subject real property: Lot 10, Block 1, Amended Plat Westend Park According to the Plat thereof as recorded in Plat Book 6, At page 142 od the Public Record of Dade County, Florida. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties 51v1'ng a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. .�C C. /L �T 3. Legal description and street address of /�nyreal property (a) owned by any party listed in answer to question e2, and (b) located within 375 feet of the subject real property. ' NOT APPLICABLE STATE OF FLORIDA ) SS: CO(TWY CF DADE ) fr'D S e Mar7/ v,-.' , being duly sworn, deposes and says t�ac ne is the ( wn r) ( Attorney for 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 corrplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. SHOW'1 70 AND SUBSCRIBED before me tnis day of AJDLe , 199-L. Notary Public. State of Flodds at large My Commission Expires Nov.13,1989 001sOLo THIN /LONIOA MorMr SIMMU My CC.+YyISSI N, EYX-I:;ES: (SEAL) 4J " lictarv. Public; state o Florida'at Large No. ( over) II I 1/` P M' OF MI!M' k4 tf il ofcome 0 00 c1�t�2i'tt I= r on September 2, 1986 CESAR H. ODIO City Manager Mr. Jose Martinez b R.H. Cortes 1253 N.W. 35 St. 1253•N.W. 35 St. Miami, Fla. 33142 West End Park Amd. P1.1, PB 6/142 Re: Lot 10, Block 1 Dear Mr. Martinez Cortes: According to available records, you are the owners of the property described above. Recent inspections by personnel of the Zoning Division reveal that the subject property currently zoned CR-3/7, Commercial/Residential (General) is in violation of City of Miami Ordinance #9500, as amended:* 1. Article 3, Section 320 (Schedule of District Regulations) Page 4 of 6 to wit: Principal Uses and Structures Outside storage of equipment and materials Minimum Open Space Requirements Illegal structure violate building spacing. 2. Article 20 , Section 2017.12 ( ) to wit: Limitations on Use of Offstreet Parking and Loading Areas; Restrictions of Storage of Vehicles Not in Operating Condition Outside storage of derelict vehicles. 3. Article • 2 , Section 200 4. Article 34 Section 3410 i►,isPE� �o¢ Po��� 11, S'7-111! BUILDING'kND ZONING DEPARTME04T 275 ♦ V% :na ttreei P 0 Bo+ 330708 kiiami it 33233.0708 "Iry 0; WV 2 It is mandatory that all violations cease at once and that the premises be immediatley restored to' -complete compliance with Ordinance 4 9500. Reinspection will be made ten (10) days from receipt of this letter. You are further advised that pursuant to Article 34, Section .3410 of Ordinance No. -9500 as amended, each day's continuance of a violation is deemed a separate offense: Failure to comply will necessitate referral of this matter to the City Law Department for commencement of legal proceedings. Should you wish to discuss this matter, you may contact Inspector John A. Glass at 350- 7855 , Monday through Friday, between 8:00 - 8:30 or 4:00 - 4:30 P.M.. JCG/ga cc: Law Department Inspection Services file Zoning Inspections file V rry .Juantruly yours, C. Gonzalez Chief Zoning Insp or 8'7-111, Ms. Elba Morales offered the following Resolution and moved its adoption. RESOLUTION ZB 133-86 AFTER CONSIDERING THE CITY'S FINDINGS AND RECOMMENDATIONS AND THE PROPOSALS OF THE APPLICANT, THE ZONING BOARD MOVED THAT THE REQUIREMENTS OF SECTION 2305 OF ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, WERE NOT SATISFIED IN THE RECORD OF THE PUBLIC HEARING AS PRESENTED BY THE PETITIONER AND THEREFORE DENIED THE VARIANCE AS LISTED IN ORDINANCE 9500, AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, CR COMMERCIAL RESIDENTIAL (GENERALLY), MINIMUM OPEN SPACE REQUIREMENTS, TO PERMIT AN EXISTING ADDITION TO A SINGLE- FAMILY RESIDENCE LOCATED AT 1253 NW 35 STREET, ALSO DESCRIBED AS LOT 10; BLOCK 1, WEST END PARK (6-142) P.R.D.C., AS PER PLANS ON FILE, WITH A 1.71' REAR YARD (5' REQUIRED); ZONED CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL). Upon being seconded by Mr. Arsenio Milian, the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Moran-Ribeaux, Milian and Sands NAYES: Gort, Romero, Luaces and Barket ABSENT: Messr. Channing As. Fox: Motion carries 5 to 4. 8 7rill, December 15 19869 Item 3 Zoning Board w J -87-69 (a ) 1/5/87 RESOLUTION NO. A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 ' OF 6, CR COMMERCIAL RESIDENTIAL (GENERALLY), MINIMUM OPEN SPACE REQUIREMENTS, TO PERMIT AN EXISTING ADDITION TO A SINGLE-FAMILY RESIDENCE LOCATED AT 1253 NORTHWEST 35TH STREET, ALSO DESCRIBED AS LOT 10, BLOCK 1, WEST END PARK AS RECORDED IN PLAT BOOK 6 AT PAGE 142 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE, WITH A 1.71' REAR YARD (5' REQUIRED); ZONED CR-3/7 COMMERCIAL RESIDENTIAL (GENERALLY). WHEREAS, the Miami Zoning Board at its meeting of December 15, 1986, Item No. 3, following an advertised hearing, adopted Resolution No. ZB 133-86, by a 5 to 4 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. The decision of the Miami Zoning Board in this matter is reversed and the request for a Variance from Ordinance No. 9500, as amended, Schedule of district Regulations, Page 4 of 6, CR Commercial Residential (Generally), minimum open space requirements, to permit an existing addition to a single-family residence located at 1253 Northwest 35th Street, also described as Lot 10, Block 1, WEST END PARK as recorded in Plat Book 6 at - Page 142 of the Public Records of Dade County, Florida, as per plans on file, with a 1.71' rear yard (5' required); zoned CR-3/7 Commercial Residential (Generally) is hereby granted. 8'7-lit PASSED AND ADOPTED this � _ day of _ _ _ , 1987. ATTEST: MXTTTAIRXI City Clerk PREPARED AND APPROVED BY: M R AM MAER Assistant City Attorney XA IER L. SUAREZ, MAYOR APPROVE AS T FORM AND CORRECTNESS: CI A. 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