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HomeMy WebLinkAboutR-82-10690 0 j RESOLUTION NO. j``' A RESOLUTION UPHOLDING THE GRANTING OF A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VI, SECTION 3(3)(a) TO PER- MIT AN ADDIT1014 TO THE EXISTING RESIDENCE ON THE E74.87' OF LOTS 1 AND 2, LESS THE N10' OF LOT 1, BLOCK 9; "OVERBROOK PARK (3-206), LOCATED AT 3400 SOUTHVEST 28TH STREET AS PER PLANS ON FILE, WITH A PRO- POSED 15' REAR YARD (20' REQUIRED); ZONED R-2 (TWO-FAMILY DWELLING). WHEREAS, the City of Miami Zoning Board at its meeting of October 4, 1982, Item No. 9, following an advertised hearing adopted Resolution No. ZB-169-82 by a 7 to 0 vote GRANTING A VARIANCE to permit an addition to an existing residence, as hereinafter set forth; and t;7HEREAS, objectors have taken an appeal to the City Commission, and t•1HEREAS, notwithstanding the objections of these citizens the City Commission after careful consideration and due deliberation of this matter has determined that the Variance requested meets all the City's requirements for said use: NOtd, THF.REFORI, , BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Variance, as listed in Ordinance No. 6871, Article VI, Section 3(3) (a) to permit an addition to the existing residence on the E74.87' of Lots 1 and 2, less the N10' of Lot 1, Block 9; "OVERBROOK PARK (3-206)," located at 3400 Southwest 34th Street, as per plans on file, with a proposed 15' rear yard (20' required); zoned R-2 (Two -Family Dwelling) is hereby upheld. PASSED AND ADOPTED this 10 AT EST: Q RAL H G. ONGIE CITY CLERK day of NOVEMBER ,1982. MAURICE A. FERRE PRF.PARF,D AND APPROVED BY: ?SE V AS FORM A NRECTNESS: 1�, � �_TERRY ERC R. GARCIA-PEDROSA DEPUTY CITY A TORNEY ATTORNEY CITY COMMISSION TVP:ia MEETING OF N OV �,Q,192. Howard V. Gary City Manager i /.4--'AurperltinorE. Perez-Lu ones ir Planning and Zoning Boards Administration Department DATE October 28, 1982 C*ILE APPEAL BY OBJECTORS - GRANTED BY ZONING BOARD - 3400 SW 28 STREET COMMISSION AGENDA - NOVEMBER 10, 1982 PLANNING AND ZONING ITEMS "It is recommended that a review be made of the variance grante7d-y the Zoning Board o permit an a dition to exis ing residence at 3400 SW 28 Street, with a proposed 15' rear rd� yaUT— required). The Zoning Board, at its meeting of October 4, 1982, following an advertised hearing, adopted Resolution No. ZB 169-82, granting a variance by a vote of seven to zero for the above petition. The subject property, zoned R-2 (Two Family Dwelling), is also described as the E 74.87' of Lots 1 and 2 less the N 10' of Lot 1, Block 9, Overbrook Park (3-206). One objection received in mail; one opponent present at the meeting. Two responses in favor received in mail; one proponent 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 of the City Commission. GF:III cc: Law Department NOTE: Planning Department recommendation: APPROVAL WITH THE PROVISO THAT THE PROPERTY REMAIN SINGLE FAMILY. i ZONING FACT SHEET LOCATION/LEGAL 3400 S.W. 28th Street The E 74.87' of Lots 1 and 2 less the N 10' of Lot 1 Block 9 OVERBROOK PARK (3-206) OWNEV APPLICANT Henry Fernandez 3400 S.W. 28th Street Phone 9444=0064 Miami, Florida ZONING R-2 (Two Family Dwelling). REQUEST Variance to permit an addition to the existing residence on above site, as per plans on file; with a proposed 15' rear yard (20' required). ZECOi1MENDATIONS PLANNING DEPT. APPROVAL WITH THE PROVISO THAT THE PROPERTY REMAIN SINGLE FAIAH LY. The Planning Department feels that there is a hardship involved in this case since the lot is only 85' deep (average lot depth in the city of Miami is 100'). The size of the lot impedes the reasonable use of the land when compared to other lands in the City of Miami and therefore don't think that the applicant will be granted any special privilege denied to other property owners. However, because of the small size of the lot we are requesting that the ngle family even though is zoned property remain si D_7 re N ME mn mmw 7 _mS �Wpw� w :!ic-h to Or l;an ?Q. 12?_ Q:Ii'a o�- (^�-�? Qi,;'1 j'� �Li i ri r:?' Lin _ r:Il :1 j L.�-•. ..,0. .`:fir. ... +���. 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PROPONENTS: 3 OPPOivE NTS : 2 Ms. Otazo: Madam Chairman, members of the Board, the Planning Department recommends approval with the proviso that the property remains single family. The Planning Department feels that there is a hardship involved in this case since the lot is only 85' deep iaverage lot depth in the City of Miami is 1.00'). The size of tine lot impedes the reasonable use of the land When compared to ether lands in the City of Miami and therefore we don't think that the ctppl.icant will he granted any special. privilege denied to other property owners. However, because of the small sire of the lot, we :ire requesting that the property remain single family even though it is zoned R-2. Ms. Baro: Thank vou. Public Works"? Mr. Campbell.: 1de have no request. I Baro: Thank you. Building? Mr. Milligan: We have no objection on this. LIS. Baro: Thank you. All right, Mr. Fernandez, who is going to make the presentation? Mr. Fernandez: My name is Henry Fernandez and I lived in that house for the past 16 years.' Ms. Baro: What address sir? Mr. Fernandez: 3400 S.W. 28 Street. What I intend to do over there is make addition to the bathroom and I need a bigger Florida room and I am entitled to have a Florida room at 10 feet wi_cie so I intend to make another 5 feet to make it a little bigger because 10 feet wide is very small, plus one utility in that 5 feet. I don't know if you have the sketch with you. Mr. Perez-Lugones: Yes, we do. Ms. Baro: Yes, we do. Mr. Fernandez: Okav, so the only thing I intend to do that. The rest of the thing I want to do the bathroom is legally. I don't want to--1 only ask the variance for the 5 feet for make bigger the Florida room. That's all. Mr. Perez-Lugones: Okay. 0 0 Ms. Baro: When you say to make bigger the Florida room, then you mean your going to build a new -- your going to add a Florida room, making it 15' instead of 10'. Mr. Fernandez: Correct. If I do it legally without a hearing that would be 9 feet 6 inch, so that would be to narrow so that is the reason I ask for the 5 feet and the 20 feet setback of the lot. Ms. Baro: That is why you want the variance. Mr. Fernandez: Correct. Ms. Baro: Okay, and your only building a Florida room. Mr. Fernandez: Only Florida, no. On another side of the house, the north side, I built a bathroom, which is legal because I have 1.9 feet 6inch, so what i do over there is two closets which I need in the house, two closets, and a bathroom for my wife. Ns. Baro: I see, okay. Ms. Basil.a: You do understand, sir, that the property will be used as a one -family... Mr. Fernandez: I been using that. I know. I con- tractor in the City for the past 13 years and I know very well.... Ms. Basila: That was one of the stipulations. Mr. Fernandez: Correct. And I know that 1 want to keep as a single family. If i want to use as a double I have to go two story double which I don't want to do. Ms. Bar:,: 'Ihat's right. Mr. Perez-Lugones: May I have your name for the record please? Mr. Fernandez: Henry Fernandez. Mr. Perez-Lugones: Okay, thank you. Ms. Baro: Okay? Is that okay, Mr. Fernandez? Is that it? Mr. Fernandez: Yes. Ms. Baro: Anybody else want to speak in favor? No? Okay, I think there are two in opposition though. The opposition? Ms. Perl: My name is Elizabeth Perl and I live right next door at 2820 SW 34 Avenue, that's next door to Mr. Fernandez, his lot is on the corner and he would build out right next to me. I have many medical problems which are serious and that would completely take away my air from the whole living area. My kitchen window Laces that l.,ay, both my living room windows and my Florida room winclow and if he is going to take another five feet, he is goi.nt, to he right on top of m% house and I won't be able to stay there, and I am going to have to sell my house and then 1 am gonna have big problems because the 110u5C5 are pretty close the way it is and if he is going to October 4, 1982 Item 9 Zoning Board Meeting i extend another i Feet next to my house, then I am not going to be able to stay there. Because like I said. I have many medical problems and that's my only windows and that's where I live. That's where my kitchen is, my living room, and my Florida room and that completely block my pair from the whole house. I wouldn't be able to stay there anymore, so that is just not fair. His lot is not big enough to add on to begin with because it's a corner lot and if he's gonna put in 20 feet and extend it 5 feet then it's gonna be right on top of my house, so I object. Mr. Gort: Excuse me ma'am. I.,et me ask you a question. You own l,ot No. 3, right? Ms. Perl: % own the tot, the house right next to it. He is on the corner, I'm right next to it. Mr. Gort: Right next to it, Lot 3. Okay, if that was to be platted the way the City of Miami normally plats the lots, did you knot, that the house could have been built five feet from the property line? Ms. Perl: Well, this is a different way. Mr. Gort: Yes ma'am. arts. Perl.: This is a corner. Mr. Gort: In this request, he is gonna stay 15 feet away from the property line and five feet that you keep, that's 2b feet away from you window. You understand that? ,,Is. Perl: The what? Mr. Gort: Twenty feet away from your window. .is. Perl: Well, yes. But ',Ir. Fernandez is trying to add on five feet. Mr. Gort: No, ma'am. According to the plans, with the addition and everything, you still. will have 20 feet between building and building. MS. Perl: Mr. Fernandez asked me if he can add on five feet to what he is allowed to take. Mr. Gort: Yes ma'am, which is the setback. The setback --See the way that the lot is faced, that is, instead of being the side lot like it would normally be to Vol), which they only require five feet setback, that is considered the back side of the lot and that for therefore he has to keep twenty feet setback. What he is requesting here is to allow a setback of 15 feet rather than 20 which would be the building would be fifteen feet away from his property 1_ine and you maintain 5 feet from your property line to your building, you will still be twenty feet in between huild[ngs. his. Perl : The way Mr. Fernandez (-,xi)lained it to me, he told me that he war -It 5 feet. 1 should ril_'. ow him to come close 110' s :11 1 ()t.'ed , he said, frr;,n 71y property line -- from my property 1 ine, tt:�llty 1 _'�2t , nc� cxpt.lillUd it Lo me from the DOginrl111.2 aild the twenty Leet he is allowed to build but he rile me for another five feet which thou! d put ni m right close to my house. Mr. Gort: Right, fifteen feet, right. s- Ms. Perl.: Fifty feet? Mr. Gort: Fifteen. One -five. Ms. Perl: Right. Well, I can not allow that because I'm gonna be all built up and... Mr. Gort: Okay_, I just want to know --no. Thank you ma'am. Ms. Baro: Okay, someone else in opposition? Okay, no one else? no questions? We'll close the public hearing and we're ready for a motion, the Board has some discussion'.' Mr. Gort: I'1.1 go ahead and I'll make the motion, the reason being making the motion and I'd like to explain this one more --try toexplaLn to you ma'am, the lot the way it is right now, if that were to have been a normal lot the property would be onlv 5 feet awav and you would have only 10 feet between building. Right now as 'it is. even if we give him what he is requesting, well, you will gtil1 gonna have fifteen feet away, so for that reason and to upheld the Department recommendation and I move for approval. Ms. Baro: Any second? Mr. Moran-Ribeaux: Yes. Ms. Baro: Moran? Okay. Mr. Perez-Lugones: Madam Chairman, we have a motion to grant. This motion has been made by Mr. Gort and seconded by Mr. Moran. I'll call roll. Mr. Freixas: Okay. under- discussion, if I may, the lady wants to say something on our discussion. Ms. Baro: Ask her a question, Bill.. Ms. Perl: Yes, 1 would like to know if the build- ing is going to be a solid wall. "then 1 am going to have to sell my building because I am not going; to be able to live there. If that's gonna be all the length of the building and they're gonna come that close to me and block up all my living space, five feet more than the law allows, then I'm gonna have to take this thing to court because I have many medical problems and I can prove it and I can bring all kinds of certificates and if that's gonna be a solid wall and it's gonna block my air -- I lived t.orc thirty years. I am gonna... 'Ir. Frelxac,: Mr. Fern lido/.... �ls . Baro: You have to understand that your going to be twenty feet away from him. See you don't understand perhaps that he is not going to be up to your wall. Your five feet away from his property line, he's not gonna come up to the property line but he is still going to be fifteen feet away plus your five; he's going to be twenty feet away. Ms. Perl: I understand. But the way Mr. Fernandez explain me, he is allowed to... Ms. Baro: Perhaps he didn't explain it to you. Maybe he explained it to you, He gave --it led to a misunderstanding. October 4, 1982 Item 9 Zoning Board Meeting 6 0 but there's still doing to be between his property line and the end of the Florida room, there will be fifteen feet. Ms. Perl: He explained me and he shorted me the plans and he explained me he's allowed twenty feet From my property line, where it ends, and he asked me if he could take five more feet to extend. Ms. Bar(-): Which means that will leave him fifteen feet plus your five is still twenty_ feet away. Your gonna be plenty of space, there will be no blocking you. Ms. Perl: If you would see how the houses are situated and my ;~hole tiide of the house goes by the length he is going to build, so every window I have in the house that I live in. it's gonna be blocked out. It's gonna block off the whole air because we don't have that much space to begin with and if he's gonna take another five feet then he's gonna block off all my windo;•;s where I live and if it's gonna be a solid wall or whatever he wants to close in then I can't stay there. �lr. Pero-i.u�ollc�: It is .o-,cwhat of a mutepoint, if I may say , Madam t h 1 i r ,ln, b0,'aus0 'lc i s entitled --he is alloc.ed by ordinanck2 to build an eight foot wall -it the property line all. around his i�rc�perty. lherefore, even though his building is going to be fifteen feet away from the property 1. i_ne , he could build a wall and he doesn't have to come over here. He just have to pull out a permit to do it and he ,:nul d be nbl e to build a solid wall eight feet high. I t' al 1 (t.:>ci by ordi n,inc_e. ix,1 ,1r�. 1'crl . isten c r,,, r iltute. He i s a11o;:e(I une1t-•1" �:1� ::i'.+ CO hui I d a dupl ex (`11 Chat . . . . Ms. I'erl: I understand that, this is duplex lot. Mr. Freixas: Let me finish. Listen to me for a minute. He can put a two-story duple\, meet all the setback requirements, don't come in here for nothing, you can even take it to court because that's what the law allows, okay, build an eight root solid wall on his property line, take all the air ci;:av from you and he would be perfectly within his rights. You understand ;:hat I am saving. Ms. Per]: After thirty_ years, I am gonna have to sell my house because I am not going to be able to stay there. Mr. Freixas: Well, ma'am. You know. Ms. Baro: He's not going, to do that. We're not saying he's going to do that. 01cay, the motion has been... Mr. Perez-I.ulones: We have a motion :o This motion has been mado ;av .1r. Gort and seconded oy Mr. Moran. I'll call roll. at this time. lclr. Gort? 1 ornririd,• , you heard from your neighbor. [ colltcl put sosre kind of ti-ees or landscaping! You `.=:':: a contractor I al i sure you would be able to do it so that you could provide even more air and oxygen on that side of the fence. 72 r, Mr. Fernandez: I have already a Lew pLantsbetween her and me for the past 10-12 year and IJbelieve what I take is only five feet, really: Mr. Gort: Sir, I understand. Our main concern is that she's got medical problems. She said she's afraid she might not get enough air. Try to get some landscaping in there, make it a little more attractive. Mr. Fernandez: I have landscape there. Ms. Baro: Okay, thank you. (Mr. Perez-Lugones calls roll) AYES: Ms. Basila, Baro Messrs. Freixas, Gort, Moran-Ribeaux 'AYES: Done ABSENT: Messr. Alfonso Mr. Perez-Lugones: The motion to grant carries unanimously. Thisitem can be appealed to the City Commission. if anybody wants to appeal this item, please get in touch with my office to get advice on the procedure.