HomeMy WebLinkAboutR-86-0754J-86-733(a)
8/26/86
RESOLUTION NO.
A RESOLUTION AFFIRMING THE DECISION OF THE
_ ZONING BOARD GRANTING A VARIANCE FROM
ORDINANCE 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 3 OF 6, TABLE 3,
STANDARD RATIOS BY LAND USE INTENSITY SECTORS
AND PAGE 4 OF 60, CR COMMERCIAL -RESIDENTIAL
(GENERALLY) MINIMUM OPEN SPACE REQUIREMENTS,.
TO PERMIT A SECOND STORY ADDITION TO THE,
EXISTING STRUCTURE FOR THE PROPERTY LOCATED
AT 5965 SOUTHWEST 8TH STREET, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN), AS PER
PLANS ON FILE, PROVIDING 30,233 SQUARE FEET
(.46) OF OPEN SPACE RATIO (4,528 SQUARE FEET
(.64) REQUIRED); 640.36 SQUARE FEET (0.09) OF
PEDESTRIAN OPEN SPACE (1,428. SQUARE FEET
(.21) REQUIRED); WAIVING THE REQUIRED 10 FOOT
FRONT YARD AND PROVIDING FOUR (4) OF FOURTEEN
(14) REQUIRED OFF-STREET PARKING SPACES;
ZONED CR-2/7 COMMERCIAL RESIDENTIAL
(COMMUNITY). THIS VARIANCE HAS A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A -
BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
July 21, 1986, Item 11, following an advertised hearing, adopted
Resolution ZB 90-86 by a seven to two vote (7 - 2), granting a
variance from Ordinance 9500, as amended, the Zoning Ordinance of
the City of Miami, Schedule of District Regulations, Page 3 of 6,
Table 3, Standard Ratios by Land Use Intensity Sectors and Page 4
of 6, CR Commercial -Residential (Generally) Minimum Open Space
Requirements, to permit a second story addition to the existing
structure for the property located at 5965 Southwest 8th Street,
Miami, Florida (more particularly described herein), as per plans
on file, providing 3,233 square feet (.46) of open space ratio
(4,528 square feet (.64) required); 640.36 square feet (0.09) of
pedestrian open space (1,428 square feet (.21) required); waiving
the required 10 foot front yard and providing four (4) of
fourteen (14) required off-street parking spaces; zoned CR-2/7
Commercial Residential (Community), with a time limitation of
twelve (12) months in which a building permit must be obtained;
and
MEETINGCITY COMMSION
�._� w6
WHEREAS, concerned neighbors have taken an appeal to the
City Commission from approval of the variance; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that there are peculiar circumstances
affecting this parcel of land and practical difficulties and
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unnecessary hardships which would impair the owner's right to the
reasonable use of the property without the grant of variance as
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The decision of the Zoning Board in this
matter is affirmed and the request for variance from
Ordinance 9500, as amended, the Zoning Ordinance of the City of
Miami, Schedule of District Regulations, Page 3 of 6, Table 3,
Standard Ratios by Land Use Intensity Sectors and Page 4 of 6, CR
Commercial -Residential (Generally) Minimum Open Space
Requirements, to permit a second story addition to the existing
structure for the property located at 5965 Southwest 8th Street,
Miami, Florida, also described as Lots 16 and 17, Block 4,
GRANADA GROVES, as recorded in Plat Book 14 at Page 53 of the
Public Records of Dade County, as per plans on file, providing
3,233 square feet (.46) of open space ratio (4,528 square feet
(.64) required); 640.36 square feet (0.09) of pedestrian open
space (1,428 square feet (.21) required); waiving the required 10
foot front yard and providing four (4) of fourteen (14) required
off-street parking spaces; zoned CR-2/7 Commercial Residential
t
(Community), with a time limitation of twelve (12) months in
which a building permit must be obtained, is hereby granted.
PASSED AND ADOPTED this day of Pn 1986.
XAVIER L. SUAIWZ, MAYOR
ATTS :
jUWTY HIRAI
CITY CLERK
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of the city commission
rRoM Cesar H. Odio
City Manager
SUBJECT RESOLUTION - APPEAL BY OBJECTOR
VARIANCE GRANTED BY ZONING BOARO.
5965 SW 8 ST
. REFERENCES COMMISSION AGENDA - SEPTEMBER 25, 1986
ENCLOSURES PLANNING AND ZONING ITEMS
It is requested that a review be made of
the Variance granted by the Zoning Board
permitting a second story addition to the
existing structure at 5965 SW 8 Street.
The Zoni Board, at its meeting of July 21, 1986, Item 11, following an
advertised nearing, adopted Resolution ZB 90-86 by a 7 to 2 vote, granting the
Variance from Ordinance 9500, as amended, the Zoning Ordinance of City or
NT—. Schedule of District Regulations, page 3 of 6, Table 3, Standard Ratios
by Land Use Intensity Sectors and page 4 of 6, CR Commercial -Residential
(Generally) Minimum Open Space Requirements Mrmitting a second story addition
to the existin structure at 5965 SW 8 street, also described as Lots 16 an
I7, 8ioc c�'4, WAWWA UKOR5 (i4-b3) P.., as per plans on file, providing
3,233 sq. ft. (.46) of Open Space Ratio (4,528 sq. ft. (.64) required); 640.36
sq. ft. (0.09) of Pedestrian Open Space (1,428 sq. ft. (.21) required);
waiving the required 10' front yard and providing four (4) of fourteen (14)
required off-street parking spaces; zoned CR-2/7 Commercial -Residential
(Community). This Variance was also granted a time limitation of twelve (12)
months in which a building permit must be obtained.
One objection received in the mail; one opponent present at the mmeeting. One
reply in favor received in the mail; five proponents present at the meeting.
Backup information is included for your review.
A RESOLUTION to provide for the above has been prepared.by the City Attorney';s
Office and submitted for consideration by the City Commission.
AEPL:111
cc: Law Department
NOTE: Planning Department recommends: DENIAL
�4 ,
KAM
-7777
010
. .
ZONING FACT SHEET
LOCATION/LEGAL
5965 SW 8th Street
Lots 16 and 17
Block 4
GRANADA GROVES (14-63) P.R.D.C.
- APPLICANT/OWNER
Reoco, Inc. (A Florida Corporation)
c/o Ralph Osterle, President
-
5965 SW 8th Street
Miami, FL 33144 Phone # 264-1776
ZONING
CR-2/7 Commercial -Residential (Community)
REQUEST _
Variance from Ordinance 9500, as amended, the
Zoning Ordinance of the City of Miami, Schedule
of District Regulations, Page 3 of 6, Table 3,
{.
Standard Ratios by Land Use Intensity Sectors
and page 4 of 6, CR Commercial -Residential
(Generally) Minimum Open Space Requirements to
J
permit a second story addition to the existing
structure on above site, as per plans on file,
providing 3,233 sq. ft. (.46) of Open Space
Ratio (4,528 sq. ft. (.64) required); 640.36 sq.
ft. (0.09) of Pedestrian Open Space (1,428 sq.
(.21) required); waiving the required 10'
front four
yard and providing (4) of 14 required
off-street parking spaces.
RECOMMENDATIONS
PLANNING DEPARTMENT
DENIAL. There are no justifications or
iiards ips to allow the requested variances. The
building structure was constructed according to
zoning regulations of its time that did not make
provisions for open or pedestrian space and that
had no front setback requirements. The
variances requested are excessive for the
proposed addition of a second story structure
and should not be allowed under present
Ordinance 9500. Granting the variance
t
requested Would confer on the petitioner special
privilege that is denied by this zoning
a
ordinance to other buildings in the same zoning
district.
The parking variance should be denied in light
of the parking situation of SW 8 Street. There
h
=
is no justification or hardship to waive the ten
(101) required spaces that would result from the
proposed second story addition and this
variance, if granted, would result in a negative
impact to the surrounding area and would
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UAUC GWNI r IKArr It,
AND TRANSPORTATION
No comment.
ZONING BOARD
At its meeting of
July 21,
1986, the Zoning -
Board adopted Resolution ZB 90-86 by a 7 to 2
vote, granting the
above with
a time limitation'
of twelve (12) months in which
a building permit. i
Faust be obtained.
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August 30, 1986
e,
Mr. Aurelio Perez Lugones
Director of Zoning and Planning Board
City of Miami
275 N.W. 2 St. Room nbr. 30
Miami. Florida 33128
Dear Mr. Lugones:
My name is Vicente Pino, and I live at 5975 S.W. 8th. Street,
Miami Fla. I am the owner of the building where I reside, which
is located less that 375 feet from 5965 S.W. 8th. Street, said
building is exactly next door from mine.
The reason of this letter is to express my disappointment with the
decision of the board, when they voted nine vs two votes, for the
addition of another floor, to the building next door from me. The
decision was taken on July 21, 1986 under the case number 11 by
the Board of the Zoning Dept. and like I mentioned before, I do
not agree with the board in such decision.
I appeal to the Commission of the City of Miami, to reverse the
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approval of the variance.
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FOLLOWING ARE MY REASONS:
1.- I feel very much affected because the owner of the building
only has four parking spaces for his use. and his customers.
The law requires fourteen parking spaces for his business.
2.- For many years, they have been using our parking spaces
facilities, causing damages to the pavement and obstructing
the use of spaces. for my patients, that need spaces for their
own cars.
3.- The drain field of that building. do not allow any more
addition for a bathroom, or sanitary facilities, in.accordance
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with the percolation rate.
4.- I think that said construction will cause a tot of damage, to
the contamination of the environment around the patients that
come to my clinic.
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5.- This variance violaters the standards of minimum open space
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requirements, to permit a second floor addition, which goes
against the environment, of the business none.
6--'Mr. Campbell and Mr. Orviedo, from the Planning and
s
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OR
:-
Page 9 2
Mr. Aurelio Perez Lugones
Developmont Dept .,were completely
opposed to the varience, but
the Board, did not consider their opinion.
The Board voted nine
vs two, granting the permit to built.
For all the reasons, explained above,
I would like to request the
decision of the Board to be reversed,
not letting my neighbors
built another story on their building,
because I will be the
person really hurt in such decision.
Thank you very much.
Sincerely,
3
Vicente Pino
5975 S.W. 8th. Street
Miami,. Florida
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A variance is relaxation of the terms of the ordinance where such action wM 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 e4orcemeet of this
ordinance would result in unnecessary. and undue hardship on the property. As used in
Ws ordinance, a valance is authorised only for height, area, size of structure,
dimensions of yards and other open spaces and offstreet ling or loading
requirements. (section 3101)
AalPh E. Oest rle hereby petition the City of Miami Zoning
loot or a variance from t terns o t "Zoning Ordinance of the City of Miami,"
gffecting property located at specified below. _5965 S.w. 8th Street Miami, as
..
Msupport of this application, the following material is submitted with this applicatiam
n
1. Two copies of a survey of the property prepared by a State of Florida Registered
Land Surveyor.
f2. Four copies of: the site plan showing (as required) property boundaries, existing
(if any) and proposed structure(s), parking, landscaping, eta building elevations
and dimensions and computations of lot area (gross crud net), building spacing, LVI
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 estare 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 ar►.1 improvements). �f
6. other (specify) y
�7. Fee of 1% apply toward the cost of processing, based of the following:
RG- I $100.00
(b) For penetration of Plane III
by antennas and the like $300.00
W All other applications for
each request variance $0.03 per sq.ft. of floor area of building(s)
from the ordinance minimum - $300.00
(d) Surcharge equal to applicable fee from (o)-(c) above, not to exceed $500.t;
to bp refunded if there is no appeal. (City Code - Section 62-61)
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8. The Variance requested is for relief from the provisions of Section of
the City of Miami Zoning Ordinance as follows:
VAIAUCC MN sefawis orASTaaCi -nota hsp.#Xqp(-(A1 4S28 4'
Taste 2 PUft 3 6V c OM %NO a®"! 10 fftwa Z 2 3A a'
VARAUCA mots CCMWLR ®F 1ISTRUT °(10u
�71Wc 3 S�S+E 3 0� t: eu o� slice
P11ilr10PC si�aiavw oB�s �e� i�leltntitfKisn
wlu. 94*21)
.Paovtoeo 6f40.34 O'
I aft-r %us Ite4® ip I
PtouIm of
Vattauar �� Sce.b�ul(r oP �1t�1A' eei�uYra• Qe"iQ.O paletuus 14 sA►tllx
P&W Bar C.Tatbus 3 Pauutua 1 o I�Rov �E o y srr►t t�
. 9. In support of this application, the opplicant is prepared to offer the following
evidence, on the point enumerated at Subsection 3103.1 of the City of Miami
Zoning Ordinances
Note: This application cannot be accepted for Zoning Board action unless a_II of the
following sir items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the some zoning district in that: (I(st evidence to
bo produced and use additional sheets, if necessary.)
Tut P6ot04ft c6wstW&t10#2 IS s 0jW"j%Z" of 1AN VAW"WA
jWKwj* irwa tvu tsuwl tsvM PKI1 1wi 24u;0 t MQ1 tG%W4M.
A+ululy4 wss SU I LT fits" Lor 1.11er to f o? IAA& tU$rV4 ae
P'AWV4 itlo Re'ouceo ooft space. GOILDWI; rums 60MV
wt'tW au. "M f4ift l TUP 10 &ettar a Sam3p Rowe-. -
(b) The special conditions and circumstances do not result from the actions of
the petitioner in thah .
Tue fpv3T"Ctio4J 0;: d 6tc-4VIA %wt., t►t "'Wi6N IF ibm Uar d"a"
iWR ClIs 11J4 POOR, Mm 9` "IF "'IDOM ft-WIR" to COKKIr
W Irk ice' t i ry Zowb c. Ww Wrsw ALrAW 6N 1%1% p li/u ft A"
Cw.%jviW VOLOWI W11.1 UOT INCRAUS ai A SLt�uc.T CM l�+R (`i ei'°U
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AFFIDAVIT
STATE OF F1DA)
aX=f OF DADS SS.
Before ue', the undersigned authority, this day personally.
ap'p lnh E. Oesterle , who being by rye first duly sworn.
upon oath. deposes and says: -
1. That he is the owner, or the legal representative of the
owner, submitting the acccnTwying application for a public hearing as
required by Ordinwce 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.
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WER' S LIST
Owner's flame REOCO INC. (A Florida Corporation) �/o R.4tON otlEitlA 1M +ARv�
Mailing Address Sg55 S. �T. Qth Street Miami,, FL 33144
Telephone Number, 64—776
Legal Description: TOte 16 & 17, Block 4, GRANADA GROVES SU13DIVISION
Plat Rook 14, Pacje 53 of the Public Records of Dade County Florida
a/k/a 5965 S. W. Sth Street Miami, FL 33144
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 Legal Description
%0%*
Street Address
Street Address
Legal Description
Legal Description
.
DISCLfXAW OF CMMHIP
1. Legal descripption and street address of subject real ys
Lots 16 & 17, Block 4, GRANADA GROVES SUBDIV SI N
Plat Book 14, Page 53 of the Public Records of Dade
County Florida
5965 S. W. 8th Street Miami, Florida 33144
2. Owner(s) of subject real property and perbentage of ownership.
Notes City of Miami Ordinance No. 9419 requires disclosure of all parties
FavTng 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, xWor any other interested parties,
together with their addresses and proportionate interest.
President Ralph E. & Clara R. Oesterle 20% 18500 Caribbean Blvd. Miami, FL 33157.
Treasurer Michael E. Oesterle 20 8711 S.W. 188 Terrace Miami, FL 33157
Secretary Robin E. Storkensen 20% 8721-S.W. 185 Terrace Miami, FL 33157
Ralph E. Oesterle II 20% 18465 Caribbean Blvd. Miami, FL 33157
Jackie O. Cooper 20% 18500 Caribbean Blvd. Miami, FL 33157
as stockholders & directors of REOCO, INC. (A Florida Corporation)
5965 S.W. 8th Street
Miami, FL 33144
Telephone 264-1776
3. regal 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.
SO= OF FLORIDA ) SS:
GXWY OF DADE )
Ral , being duly sworn, deposes and
says that he is the owner ttorney 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 cmplete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ow ership
form on behalf of the owner.
a:a(SEAL)
4ZL
SWW YO AND ABED
before me this 10
day of Jul , 98 6.
MY CMWISSION EKPiMSs
Aotwy Mk. Suh et Uh
My Cwnauioa Expkes An. 28, 1989
6oh6rd Ulu Ifs' 16.1, 1.6.
[rotary Public, State o
Florida at L.ar,e
(over)
01_
tln Iirrrl111 rl`rfif i�'/r:.11low. r,ovw./11v, •y r
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•7/rI1e0 /rr:1i10e4lo'
.%rjreorl iririi00110roeZOW0iPI1011
^Prtiflepte of Tneornor:atinn of rrn^n. TM. a cNrnnr--tion
mr�-anI A anf! n-•14tInjr.Anr thA I a •^ m" the "t•=tP c+f
filed on the 10'u Any ^f entPmhn, A.D. , 195K, as Rhown b1•
the rec-ords of this office.
IOrol--rrirl: %11'4,
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ir��Iii�/i ir1:•/i+��i�ir.�tirr �`/i �i�iiii/,`' - t
'• ' ' 9Ch Sent
5partaryafRate
State of Florida, County of Dade.
This instrument was fice., f,;r rr-6•-rd the..___ ay ot.4
1955 atr�f� :r�1. an: —jiy ri��i,.c� �'
n.
,ry
Mr. Lorenzo Luaces offered the following Resolution and
moved its adoption.
RESOLUTION ZB 90-86
AFTER CONSIDERING THE CITY'S FINDINGS AND
RECOMMENDATIONS AND THE PROPOSALS OF THE
APPLICANT, THE ZONING BOARD MOVED THAT THE
REQUIREMENTS OF SECTION 3103.1 OF ORDINANCE
9500, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, WERE SATISFIED BY RELEVANT
EVIDENCE IN THE RECORD OF THE PUBLIC HEARING
AS DEMONSTRATED BY THE PETITIONER AND
THEREFORE GRANTED THE VARIANCE FROM ORDINANCE
95009 AS AMENDED, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 3 OF 6, TABLE 39 STANDARD
RATIOS BY LAND USE INTENSITY SECTORS AND PAGE
4 OF 6, CR COMMERCIAL -RESIDENTIAL (GENERALLY)
MINIMUM OPEN SPACE REQUIREMENTS TO PERMIT A
SECOND STORY ADDITION TO THE EXISTING
STRUCTURE AT 5965 SW 8 STREET, ALSO DESCRIBED
AS LOTS 16 AND 17, BLOCK 4, GRANADA GROVES
(14-53) P.R.D.C., AS PER PLANS ON FILE,
PROVIDING 39233 SQ. FT. (.46) OF OPEN SPACE
RATIO (49528 SQ. FT. (.64) REQUIRED); 640.36
SQ. FT. (0.09) OF PEDESTRIAN OPEN SPACE
(1,428 SQ. FT. (.21) REQUIRED); WAIVING THE
REQUIRED 10' FRONT YARD AND PROVIDING FOUR
(4) OF FOURTEEN (14) REQUIRED OFF-STREET
PARKING SPACES; ZONED CR-2/7 COMMERCIAL -
RESIDENTIAL (COMMUNITY). THIS'VARIANCE HAS A
TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Mr. George Barket, the motion
.was passed and adopted by the following vote:
AYES: Ms. Basila
Messrs. Gort, Barket, Channing, Luaces,
Romero and Sands
NAYES: Ms. Morales
Messr. Milian