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Home My WebLink AboutM-81-0482RESOLUTION NO, A RESOLUTION GRANTING PETITION AS /NN.- C ORDINANCE N0, 6871, ARTICLE IV, SN 36(2), FOR PERMISSION TO OPERATE PROFIT ADULT CONGREGATE LIVING FAY (ACtP) IN AN EXISTING 2 STORY RESEAND AN EXISTIN^ 1-STORY RESIDENCEOT 6 LESS NORTH 10', BLOCK 5, ALLAPATiAH HIGHLANDS (12-24), BEING 2IOO N,W. 28TH SiREET AND 2720 N,W, 218T AVENUE, AS PER PLANS ON FTLE, WITH THE FOLLOWING DEVIATIONS FOR THE 2-STORY BUILDING: FRONT YARD 21' PROPOSED (33.5' RE- QUIRED); SIDE STREET YARD, 12' PROPOSED (33.5' % REQUIRED),' INTERIOR SIDE YARD, 6' PROPOSED (33.5' REQUIRED), FOR THE 1-STORY BUILDING: SIDE STREET YARD, 15.6' PROPOSED (22,5' RE= QUIRED): REAR YARD, 4.1' PROPOSED (22.5' RE- QUIREb); INTERIOR SIDE YARD, 7' PROPOSED (22.5' REQUIRED); ON A LOT 62' IN WIDTH (100' REQUTRED), AND WITH 8,242.9 SQ. FT. IN AREA (10,060 SQ. FT, REQUIRED); ZONED R-3 (LOW DENSITY MULTIPLE) DISTRICT. WHEREAS, the Miami Pl.anning Advisory Board, at its meeting of March 18, 1981, Item #3 , following an advertised hearing, adopted Resolution No.-PAB 12-81 by a 7 to 0 vote, RECOMMENDING DENIAL of the petition, as hereinafter set forth; and WHEREAS, the City Commission, notwithstanding the denial by the Miami Planning Advisory Board, finds that the requested petition will not be detrimental or injurious to the character of the development of the immediate neighborhood; NOW, THEREFORE., BE TT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1.. The petition as per Ordinance No, 6871, Article IV, Section 36(2), for permission to operate a non-profit Adult Congregate Living Facility (ACLF) in an existing 2-story residence and an existing 1-story residence on Lot 6-less North 10', Block 5, ALLAPATTAH HIGHLANDS (12-24), being 2.100 N.W, 28th Street and 2720 N.W, 21st Avenue, as per plans on file, with the following deviations; FOR THE 2=STORY BUILDING; Front Yard, 21' proposed (33,5' required); Sidra Street Yard, i2' proposed (33,5' recliaired); Interior Side Yard, 6' proposed (33,5' required); 74 W41 - Side Street Yard, 15.6' propr.sed Vol, THE 1-STORY lit]ILb1NG: 22.5� required); Rear Yard, 4 1' proposed (22.5� requir.ed), ( ' on a Lot 1•equ� rcd) Interior Side Yard, 7` pt'nposed (22,.g 62t in width (loot required), and with 5,242.9 �'1- ft' in area (10,000 sq. Ct, required); zoned R-3 I.ow Density Multiple) District; he and the same is hereby grunted+ 1981. PASSED AND ADOPTED this_.._.__ day o f ---- MAURTC:E A. FERRE, MAYOR ATTEST: RALPH-(,. ONGTE. t:L i I PRE . ARE) AND AI' ROVED BY: �, ASSTSTANT CITY ATTORNEY MA K A. V .,ENT NE. APP�frVTAD AS TQ F RM wA�I , CORRECTNESS: GEORW F. KNOX, 1R..`CITY ATTORNEY -2- Piahning Fact Sheet APPLICANT Nirii Corporation N_ 28t_ Street. -,end. 2�_�0_.�i-.)�•. _. st Avenue, PPTITtON 2.1.00 ,_ ._�V, 2.1 Lot 6 less N101, Block 5; ALLAPATTAU 1416HLAND5 (12.24) Petition, as per Ordinance 6871, ARTIM IV Section 36(2), for permission to operate a non-profit adult congregate living facility (AUF) in an existing 2=story residence and an existing 1=story residence on above site, as per plans on file, with the following de= viations; FOR THE 2-STORY $UM)ING: Front Yard 21' proposed (33.5' required); Side Street yard - 12t proposed (53.51 required); Interior Side yard = 6' proposed (33.5' re- quired), FOR THE 1-STORY BUILDING: Side Street yard - 15.61 proposed (22.5' required); Rear yard = 4.1' proposed (22.5' required); Interior Side yard - 7" proposed (22.5' re- quired); on a lot 62' in width (100' required), and with 8,242.9 sq. ft, in area (10,000 sq. ft. required); zoned R-3 (Low Density 'Mul- tiple). BACKGROUND The site, a lot with 8,242.9 square feet in area, is zoned R-3. Zoning to the north, east, and west is R-3, while zoning to the south is R-2. The applicant proposes to operate an adult congregate living facility for 35 persons. The clients would live in an existing 2-story resi- dence and an existing 1-story residence at the site. The total living area in the two resi- dences is 3,562 square feet. ANALYSIS The zoning regulations for this type of facility do not include occupancy limits. However, the Community -Based Residential Facilities Study, approve by the City Commission in Resolution No. 79-863, recommends that such a facility be limited to no more than 16 occupants in an R-3 zoning district. The proposed facility would exceed this recommended occupancy limit by 19 occupants. The South Florida Building Code has established a minimum occupancy load of 200 square feet of dwelling unit area per occupant for thisclas- sification of facility, A facility 'serving 35 cli.ohts, therefore, would require a minimum of 7,000 Square.feet of dwelling unit area, The proposed facility, with only 3,562 square feet of living area, fails to meet this minimum standard, RncoM MMATIONS PLANNING DENIAL. The facility proposes to serve more DEPART;•iBNT than 16 clients, the maximum occupancy load recommended for an R=3 district by th.e.tommunity= Based Residential Facilities Stud - In addition, the existing units do not meet the minimum occupancy standards of the South Florida Build- ing Code. PLANNING ADVISORY BOARD RECOMMENDED DENIAL on Marc{i 18, 1981 by a 7 to 0 vote, CITY COMMISSION DEFERRED on April 23, 1981. •��r ��I • sr fl�o fir, z� �✓��r 0 Richard L, Po moen March 251 1981 Ci�y�ManageN` i '. � ADULT CONGREGATE LIVING FACILITY 2100 NW 28 St & 2720 NW 21 Ave, jr. , ,Y COMMISSION AGENDA April 23, 1981 �tCelio E perefLugdnes PLANNING & ZONING ITEM Di rec oc`r`'� Planning and Zoning Boards Administration The Miami Planning Advisory Board, at its meeting of March 18, 1981s Item #l, following an advertised Hearing, adopted Resolution No. PAB 12=81 by a 7 to 0 vote RECOMMENDING DENIAL of petition as per Ordinance 6871, ARTICLE IV, Section 36(2), for permission to operate a non=profit Adult Congregate Living Facility (ACLF) in an existing 2-story residence and an existing !-story residence on Lot 6 less N10', Block 5, ALLAPATTAH HIGHLANDS 0 2=24), being 2100 N.4J. 284-h Street and 2720 N.W. 21st Avenue, as per plans on file, with the following deviations: FOR THE 2-STORY BUILDING: Front Yard: 21' proposed (33.5' required); Side Street yard: 12' proposed (33.5' required); Interior Side yard: 6' proposed (33.5' required); FOR THE 1=STORY BUILDING: Side Street yard: 15.6' proposed (22.5' required); Rear yard: 4.1' proposed (22.5' required); Interior Side yard: 7' proposed (22,5' required); on a lot 62' in width (100' required), and with 8,242.9 sq.ft. in area (10,000 sq.ft. required); toned R-3 (Low Density Multiple). Three objections received in the mail. Two replies in favor received in the mail; three proponents present at the meeting. A RESOLUTION to provide for the above has been prepared by the City Attorney's office' and submitted for consideration of the City Commission. AEPL:cm cc: Law Department