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Home My WebLink AboutR-80-0321RI:SOLITTION NO. 8 0- 3 2 1 A USOLVTIO^T CRATTTIN(7- A JrARIA*Trr, rRom ORT)I"TA:?rF 140. 6871, ARTICLE V, SrCTIOTI 3(2) (a) , TO PERMIT A UTILITY R.00P AT)DITION 1.7111PER C011STPt►CTTMj n`T LOT 10, BLOCK 4, PARKT)ALF (14-36) , PT I"10 2971 S.11. 19T:' TEP.P,ACF , AS PFR gKrTCI' OF SITRVT?Y ON FILE, WITH 2.7' 1,TI;ST SIDE YARP (5' Rrnt'IRFn) 70TIFD P-1 (0'7F FV-ITLY) . VII REAS , the City of Miami 7.oninp Board in its meeting of March 3, 1980, Iten No. 6, following an advertised bearing*, adopted Resolution No. 7.B 41-80 by a 4 to 2 vote , denvin�, a variance as hereinafter set forth; and I-IIIFREAS, the annlicant has taken their anneal to the City Commission, and WHEREAS, notwithstanding the denial of the 7on.inp, Roard, 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; NOW, TFERrFORF , BF IT RFSOLVFn BY THE comM tISSIm OF TNT' CITY OF VIAMI , FLOR.IDA : Section 1. The renuest for a variance from Ordinance No. 6871, Article V, Section 3(2)(a), to hermit a utility room addition under construction on Lot 10, Block 4; PA.RKPALr (14-36), being; 2971 S . 1.1. 19th Terrace, as ner sketch of survey► on file, with 2.7' west side vard (5' reouired); zoned R-1 (One-ramily) he and the same is hereby granted. PASSED A14D ADOPTrD this 24th day of April , 198n. Maurice A. Ferre i MAURICE A. FFRRF., M A Y n R EST _(?� / J% d PJ!LPII G. ONGIF CITY CLERK. PREPARE Ai ii) Ai'PROVEI) BY: J. TERRY V. PF CY A!7S I STANT C TY ATTORVIE - F0LLi� A�ROI � A Cj, ir 1,,. ►...Tn CT' A�'TnP."TI•v 'A DocU1V, i. nuEX ITEM FORT'! A"In CnRRECTNFSq : CM COMMISSION ' MEETING OF IRSOUMN NO.......... . REUaft.......... .................. i PASSED AND ADOPTED thiS 24th day of April , 1980. Maurice A. Ferre URICE A. FERRE, M A Y n R. ATTEST: RALP G. ONGIE 417 CITY CLERK PREPARED AND APPROVED BY: I. TERRY V. P RCY ASSISTANT CITY ATTORN.Y PREPARED AS TO FORM AND CORRECTNESS: 7llQj 11-0wD-", .t f� i`I L 80-3`ti2 LOCATION/LEGAL OWNER/APPLICANT ZONING REQUEST RECOM1.1ENDATION PLANNING DEPARTMENT ZONING BOARD: 2 ZONNING FACT SHEET 2971 S.W. 19th Terrace Lot 10 Block 4 PARKDALE (14-36) Mario S. Tabraue 2971 S.W. 19th Terrace Miami, Florida. PH: 443-2986 R-1 (One Family) . Variance to permit a utility room addition under construction as per sketch of survey on file, with 2.7' west side yard (5' required). DENIAL. There is no hardship which justifies granting this variance. There are over 780 sq. ft. at the back of the house where a legal addition could have been made. If a permit had been obtained before construction started, the addition could have been designed to meet code requirements. Denied on March 5, 1980. "SUPPORTIVE DO '�S FOLLOW $0-321 rAj j3 'll 13 11013 U LJ lopsa &,Wp U llsurn)& r�", N FOLLOW 2 C ��CO Fl4Q;�i March 19, 1980 Mayor & City Commission Attention: Mr. Joseph R. Grassie City of Miami, Florida re: VARIANCE - DENIED BY ZONING BOARD APPEALED TO CITY COMMISSION BY THE APPLICANT - Mario S . Tabraue 2971 S.W. 19th Terrace Lot 10, Block 4; PARKDAI,E (14-36) Gentlemen: The Miami Zoning Board, at its meeting of March 3,1980, Item #6, following an advertised hearing, adopted Resolution No. ZB 41-80 by a 4 to 2 vote DENYING Variance from Ordinance 6871, ARTICLE V, Section 3(2)(a), to permit a utility room addition under construction on Lot 10, Block 4; PA RKDALE (14-36), being 2971 S.W. 19th Terrace, as per sketch of survey on file, with 2.7' west side yard (5' required); zoned R-1 (One Family). Seven objections received by mail; 31 replies in favor received by mail. A RESOLUTION to provide for this Variance has been prepared by the City Attorney's office and submitted for consideration of the City Commission. Sincerel olio E. Pere ug nes� D i recur Planning and Zoning Boards Administration cm Z. M. 40 cc: Law Department NOTE: Planning Department Recommendation: DENIAL. Tentative City Commission date: April 24, 1980. "SUPPOPTKI"'-. FOLLOW1 1\ LAW OFFICES W A L T H H & Kl:t:Irr, P. A. A. P. WALTtR, in, HANOLO F. kttrt CITY OF MIAMI PLANNING AND ZONING BOARDS ADMINISTRATION City Hall 3500 Pan American Drive Dinner Key Miami FL Attention: Mr. A. Perez Dear Mr. Perez: March 17, 1980 235 CATALONIA AVENUE CORAL GASLES,FLORIDA 33134 TELEPHONE 130S1442-1919 Tabraue, Mario Re: Resolution No. Z-B, 41-80 Pursuant to our telephone conversation of this date, enclosed is our check in the amount of $50.00, payable to The City of Miami. This check represents the appeal fee with regard to the decision made at the public hearing held before the Miami Zoning Board on Monday, March 3, 1980, regarding the following property: 2971 S. W. 19th Terrace Lot 10, Block 4 PARKDALE (14-36) Kindly notify our offices when this matter will be scheduled before The Board. Thank you for your attention in this matter. APWjr/ctf Enc . (Check) Very truly yours, A. P. Walter, Jr. Attorney for Mario Tabraue "SUPPORTIVE DOCUMENTS FOLLOW" r] 2971 S. W. 11TH Lot 10 , P31 ock t i ARKDAI.r (1,4-36) Varian from Ordinance 6871, ARTICLE V, Secti.o;j o nc,rrit a iit..lit,► rocri -iddi}'jrlit !�r,_l{`x (`('i7lf'�:rLi7tioin as nor ketch cn file, with 2.7' `iide yard (S' reatiirnd) ; %o::ed R-1 (one Familv) . Secretary filed nrocf of t)i�bli.cation of Lecral Notice of Hearing and administered oath to all persons testifying at this Ilearing. D77.1' 0 T:" ,,i DENTAL. nci ha T'InI c I �u�,t.t . 1fs S rai�tind t::•;.. ; V^.rVi'lr`i:. 'Lerc are over t780 sc.uai-c f�!:, t. atLl��.: t1-:14k o 'Litt' }1 C)1�:iC'. wh,,-re a lerTal :iddi.t:ic. -:uid h,:vn b•:nn ir:adc. if a permit 1�- . t i C11, .: Ld!'tod, have 1,,�!-.n dcsicgned to meet CnCa^ Mr. Perez Lu(iont" ;': ! r) r,-- )ne,at we have a sliort 7;card. All applicants havF: a r.-�nc 71eferra?. h-,-cat:se of the circumstances. Do you wish to c:: ticn at t_hi.c _imps? Mr. W.Ater . 'c: , 'r i'1 exercise th -, option at ':his time. Mr.. "c C'u: ; rm;,z7 , the applicant h,1s ::eduented a deferral because o.. ; slio:: k- :,_yard. Mr. Oort : Do '•,ol-i nr, -,I a motion for that? 71r. P(--rr�•': r,r,, ,-, .t ; rin on any cf tY,e Items before the Board should be accompani.ccl ',y :; , t_r.1; -)roperly dis rio::e of it. fir. Gort: `j.';::. �.o defer antil. we have a full board, right? Mr. Perc::�, I think L's the proper way. Mr. (,port: i,.;L's not call any of these Items until %.-e have a 'L a.' l f:ca-.%1. Mr. Pere . Vt--- •'"1, wvill. ',Ir. Chairman. Mr. Walter: Excuse me, Mr. Chairman, will a full Board be here this evening? i.,,mmirsion did not appoint the seventh Member at its most recent meeting. ;,*r. Mort.: i'leanc si give your name and address for the record. lr.. 1.. H . Walter, Jr., I ' m an attorney admitted to practice law ir• this ":: ite :ind I .irn at t:ornev tor the owner of thc- proncrty, Mario Tahraue. ,,et mo- wi hdr•1w niv o}:)jection. I am ready to proceed. There's no reason %qe shouldn't this eveninq . -19- March 3, 1980 Itein 6 "SUPPORTIVE ZB DOCUMENT FOLLOV .80-:321 --- wwwsno. '•;r�M1;.i: - .:�.nAi.a'W.7...iaoe3i&lirr'�' "-ure,^t�..'t3ek�8+i�e�,_. Mr. Gort: Will you g'.ve us yolAr of ic(.i ac:ldress )lease. Mr. Walter: 1438 Rrickell Avenue, Miami., Florida. Mr. Gort : Thank you sir.. Susan? Ms. Susan .Grovos, Pianninq Department: Thank you Mr.. Chairman, Members of the Board, tllie Planning Department is very strongly recommending denial of this vari.anc;: , ppl.i^ati.on, The: proposed otility room addition has already been start:recl. Itad it hoen constructed with a. permit, the applicant could have bi-t-n told in enc-vgh tiler l.hat.. the addition could have been designed to meet. Cody requirements. There ar^ over 780 aquare feet at the rear of the such an addition coilld be constructed whale still conforming to Ordinance reguMtions. Furthermore,, we are concerned with this illegal const.7'ucti:an which i:; going.; on throughout the City. We are concerned that if one. of -t:hem :r•_.ct�ivE1s aoNroval, there is just that much better_ chance. In the future that da+-hs:r. illegal construction will be encouraged. So we - .:; very strongly recommending that you deny this pe-cation tonight. Mr. Carner: ms. Cr'C1vns , i notice that the buil(,,illg itself has a 2.7' side yard? Ms. Groves . Ye i-ii.:a 17 T{.'s a non-(!onforming building. I believe it was G7';.gi.11ai.A_-v ilnat: but I cannot: verify that. Mr. Carnc:r: 'ri!t=' -prep--t:y was sup-oosed tohave a 5' setback? No rU7p:.a3cd to havi:? a 5' '.1'hat noivi;� built. br-fore 'c:h.a.L regulation came into . -t:(- t Fb co.l t:he side}4; j :1i J }3 }a M,S , i? a_L l a :,. � already hui.l.t as I understand It? Is that the house with F3 1.1 the '7r..i llf n'',rr: In in the process of being constructed. The blocks a:t:: uo h !i. iin.i shed. i`'l:� ��d5i. 1.L'.: 1: •,. _ :?t7 �,':�Lt think it can, be bui J.''C? (,'rJvt s : ct:)ul.c.i iiry built on the: rear portion of the property. They're .-quircd ..C.i have a 201 rear vard; they have i1' extria . 1.1r. Walt 72r. '1;,.r,';?oJ^:^ o'� t'ie Board, I a-,pre':ciate icing a homeowner in this C oLtr'_:y for ' ' -_ '- his t�.mr_ �:o i;nc,�� what ..his fine laliv 3.:-: i:.•-ti.kln1 ilr.>>,'., ►tc�`.ti,t->�, �, , T "m sure unds stands the problem. It is c nc osinq a. cat.'t.la.tV :-(%om. Tt ir, not a haphazard structure nor is it something that: will d,-!t:.ract from the integrity of the neighborhood or this piece of property. Vie -re is no non -conforming use, in fact it just extends a few feet to (*nclo ie the: utility room and if anything it will add to the iJ�t�'ry!'lt'•r n� ' !,•. �- ...;`?:�l.i.'.`/. [?oae-var, be that as il- may, I appreciate adding -)r r.i •t. ickinq on ko picccr•:; of property and what it can do to a neigh:-)or- 1( lw.i.nq haphcazard. This Is not the case: in this particular r; :urnstt�hc�c� 11(�r.�l�_ls^ it ext.c-ndn to the corner of .the building in a straight li l i- floe; nc,t: encroach any further than the building does now toward lin--; not orie inch. But besides that, I would �11,,!';; ion 1:/hot-he.r in free this should be before the committee today in the :c: -:m of a va riayice . We, have a legal non -conforming use section as to Yard At-2a high says 'that- as long as .conforming as to all other regulations, land T i!Mphasi.7e P.JXII) ATIONS,'tha.t it is permissible. I and as far as the parti- cular yard arczi in this case, as this fine lady has mentioned to us, it does «c' PPOr%T1V 20' March 3, 1c180 Item G V V I'�J ZB DOCUMF� Tc,' FOLLOW i not, there's plenty of room here. It does not encroach upon the permissible ,yard area. it should not he with us this evening. I'm not here asking for anything to grossly affect the neighborhood, that would adversely affect it; to add on or stick on, it is in fact to me, an extremely minor matter in fact, one that adds to the integrity of this building and does not ad- versely affect anything in this neighborhood. I do not think when you read all the other regulations that: it in any way falls within the guidelines of a variance. So for those two reasons, I respectfully ask this Board to favorably consider this r.equ^st this evening but I would question whether it should be here this evening, personally. Mr. Perez-Lugones: Mr.. Chairman, a determination was made by the Building Department which is charged with interpreting the Ordinance that there is a need for a variance in this situation. We have a representative from the Building Department and we have the City Attorney here. Mr. Gort: Mr. Percy? Mr. Percy: fir. Chairman, frankly I'm not familiar with the subject property and fzow it; Look:-, like; how it complies with the Ordinance. I would like to ask the Building Department :vhat their findings were, and I could on the basis of that, give you a rendering. Mr.. Tom EIaggard, zoninq Division, Building Department: Would you mind repeating the que:s-tior Mr. Attorney? Mr. Percy: The qu-c-sti.on is whether this site is a legal or illegal non -conforming rise. Mr. Wa.ltc.r: could T adr. somethinca? "ir. Percy.: Surer i. It might help answer the question. Mr. t.<.:?.;;.inq about: a side area. Iioaever, in all other respects, it c:onfcurms yar6j area and we are extending the line. M.r.. I'ri lint" fully c-ert?in 1 understand the question.. Let m-2 respond, i.ti,augh h;• st,-ttin ; I believe it to be that this addition conforms in all other respr...ct s to the - Mr. Tn all other respects to the yard area with the exception of a side line. .,r.. [laggard, Of a sub -standard side line?. Mr. !, .tlter: which was pre-existing, by the way. (several people speak at once). Mr. Cori:: Plea.,e a,:;k the Chair the question and the Chair will get an answer, okay? mr. Haggard: I wac attempting to clarify they gentleman's question. I now ttnderst:and what he means. The question was: Does this conform in all respects to yard arras with the exception of the 2.7' side yard? Obviously, it conforms with the rear yard but the question in doubt is, the 2.7' is :;.? Ingnl :.c causc it is less than the 5' currently required by our Oreti; once. M,. G: o%lvs: I think one more thing should be stated and that is, the n-n-con `orrning section of. the Ordinance deals with, existing structures. are structures that are non -conforming because of the creation of this O1AInance. This addition was created after the Ordinance and it is an illegal nun -conforming structure. Mr. Rolle: I'd like to ask Mr.. Walter a question if I might. Did you -21- itSUPPO ! I �� DC'CU MI � March 3, 1980 Item 6 zB I understand the Department's concern about a lack of a ;permit to add this structure on? z. Mr. Walter: Mr. Board Kambery as I said, the question is before us today.. If anything is required oa're happy to do that. It isn't anything in any way that we think should have requi::ed a variance. We're not building a whole house, wry`L: just building an enclosure to a utility room which was covered in the first place, and we're just enclosing it. It will in fact add to the nei ghborhooJ, if anything. We're not encroaching upon the 5' limit - the ?.�-' was a pre-ex:*1.:;ling use which was theca in the first place. So I think in that: respect it vice-, a p existing use; we're not encroaching on that 5'; it has already been encroached upon when it was not illegal, and to say that it is now, is just not the case. In all other respec•Its, we are there. Mr. Gort : Wo I re going to qet an answer from the? Law Department so we can get this whole thing straightened out. Mr. Percy Mr. C'hai t-m;an , my rR:ading r?f the Zoning Ordiri.ancr:.� would suggest that 'the; addit'icii t-o a structure that is not in conformity with the setback yard front requirements *could be a violation of the Ordinance.' And unless he has an i heel,. nosy -conforming use teen the addition that he's sugg^sting would br subject to compliance with this Ordinance and he is obviously not:. in compli_cincn wi.th 1;he Ordi.ne-once. So I concur with the: deter- mi.natior.. by thie buindiriq ::hat the use is not a legal, non- conforming us(.,. Pis. Basila: Does he nocd the., variance? Mr. Gort : Correct. Mrs. llaro: I t74I1';': tx) know tha size 'Of fiiS little room? Mr. Waltc:i:: I l:ave v. pbotcgra}i2 here if you'd like to take a look at it. I drubt if.. than 10X' 5 1 W@ ';rd enclosing; a washer and a dryer that was und,,.-.r c:c.�ver in the first place. It doesn't extend beyond the side of the house. Mr. Gcrt: In ther.p fine in opposition to this Item? We'll close the public hearing and have, disc,,7ssion among Board Members. Mr. Roile: Mr. - i;a i':.'"i, as the Board has listened to the presentation • by Mr. U:iltur,1 ' it ,! " Ji;; l.fl-A the closure them ;S a �� Corner - it's a C.B.S. structure c:a._t:i.c:u around a corner. Is that the interpretation you received 1•1r. Chairman of th _, r:Lpplic nt's presentation? Mr. Go t: 1.5•,- i�n(%orrt., r.ding is that this has taken place: without a building permit at all, is that correct? Ms. Groves: Yes, t:'"::it *.s correct. Ms. Basile: But. Susan, all they've done is put in a` foundation: Ms. Groves: No, that .is not correct. They've put-up the blocks. It is completely en-, csed a£. this point but it is not finished off though. ! a•r o : Mr. Chairman, , I'm rca l ly concerned about this. I'm sorry, .)u,.. don't: this should be granted even if it is a small utility room, . ,e qut to cases. We cannot permit this to continue. We have a..E.., comfy befone us always with some excuse t"iat they didn't know they had ..o have a permit or soma similar thing and I don't think we should continue ...o approve cases of this nature. I'm sorry, but I would.move for denial. Mr. Carner: I second it. "SUPpOr,"1SV-2`- DOCU ivi r. "S FOLLOW» Mar-ch 38 1980 Item 6 ZB Mr. Gort: It has been moved and seconded. Mr. Perez-Lugones: The motion is to deny made by Ms. Baro and seconded by Mr. Carner. 31 Return Notices favoring the petition were received in the mail from property owners of record. 7 Return Notices opposing petition were received in the mail from property owners of record. adoption: Mrs. Alicia Baro offered the following resolution and moved its RESOLUT1014 ZB-41-80 RESOLUTTON TO DPt]Y R1:OUrST FOR VARIANCr, FROM ORDINANCE ; 6871, ARTICLE V , SECTION 3(2)(a), TO PERMIT A UTILITY ROOM ADDI- TIO14 UNDER CONSTRUCTION 014 LOT 10, BLOCK 4; PARKDALF (1.4-36) BEING 2971 S. W. 19TIl TERRACE NS PER SKETCH OF SURVEY ON FILE, WITH 2.7 FFEET WFST SIDE YARD (5 FEET R%QU.IRI:U) ; ZONED R-1 (ONE FAMILY) . Upon being secondrei :jy Mr. Stephen Carner, this resolution was passed and adopted by the `allowing vote: AYES: 11rs . Baro Messrs. Carner, Cruz, Gort NAYS: Ms. Basila*, Mr. Rolle Mr. 1>erf,z-Lugones: Motion carries 4 - 2. You have the right to appeal this decision of the Board to the City Commission and you have 15 days to do so. .Tn order to receive instructions as to the procedure, please get in touch With my office as soon as possible. Thank you. *Ms. Basila at vote call.: I vote no. I feel that a permit should be obtained and all the Proper procedures should be done in a proper manner. I feel that all h,.-'s doing is lining up with the rest of the setbacks. -23- March 3, 1980 Item 6 ZB