HomeMy WebLinkAboutM-79-0811RESOLUTION NO.
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE XXVI, SECTION 2(44) AND ARTICLE V,
SECTION 3(2)(a), TO LEGALIZE A CHANGE FROM THE ORIGINAL
PLANS FOR A GARAGE ADDITION UNDER CONSTRUCTION ON LOT
10, BLOCK 1, KENTFIELD 2ND AND (33-52), BEING 3854
POINCIANA AVENUE, AS PER PLANS DATED 4/5/79, WITH A
10' FRONT YARD (25' REQUIRED), AND 0.33' SIDE YARD.
(5' REQUIRED); ZONED R-1B (ONE FAMILY) DISTRICT.
WHEREAS, the Miami Zoning Board, at its meeting of
October 1, 1979, Item No. 1, following an advertised Hearing,
adopted Resolution No. ZB 199-79 by a 7 to 0 vote denying a
variance from Ordinance No. 6871, Article XXVI, Section 2(44) and
Article V, Section 3(2)(a) as hereinafter set forth; and
WHEREAS, the applicant has taken an appeal from the
denial of said variance to the City Commission; and
WHEREAS, the City Commission, notwithstanding the denial
by the Zoning Board, and after careful consideration of this matter,
finds that due to peculiar circumstances affecting this parcel of
land, practical difficulties and unnecessary hardships would impair
the owner's right to the reasonable use of the property without the
variance granted as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The request for a varaince as per Ordinance
No. 6871, Article XXVI, Section 2(44) and Article V, Section 3(2)(
to legalize a change from the original plans for a garage addition
under construction on Lot 10, Block 1; KENTFIELD 2ND AMD (33-52),
being 3854 Poinciana Avenue, as per plans dated 4/5/79, with a 10'
front yard (25' required), and 0.33' side yard (5' required); zoned
R-1B (One Family) District, be and the same is hereby granted.
7
2
),
t
1979.
PASSED AND ADOPTED this _ day of
MAYOR
PREPARED AND APPROVED BY:
TERRY V. IERC
ASSISTANT CITY ATTORNEY
APPAS 10' AND CORRECTNESS:
2.
LOCATION/LEGAL
OWNER/APPLICANT,
ZONING
REQUEST
EXPLANATION
RECOMMENDATIONS
PLANNING
DEPARTMENT
ZONING
ZONING FACT SHEET
3854 Poinciana Avenue
Lot 10, Block 1;
KENTFIELD 2ND AMD (33-52)
Ralph G. Boalt
3854 Poinciana Avenue
Miami, Florida 33133
Phone: 443-0719
R-1B (One Family Dwelling).
Variance application to legalize a change from
the original plans for a garage addition under
construction on above site, as per plans dated
4/5/79, with a 10' front yard (25' required)
and 0.33' side yard (5' required).
A building inspector issued a violation notice
on 3/5/79 because the work done was not
according to plans. On 3/9/79 a Zoning
inspector issued another violation notice
because the work done was in violation of the
Zoning Ordinance. The applicant states that he
extended the south wall to conform to a minimum
width for 2-car usage.
DENIAL. There is no hardship to justify the
granting of this variance. The proposed 10'
setback would interfere with access to the lot
immediately to the south, once this lot is
developed, since the setback would not provide
adequate room for parking vehicles out of the
easement. The 0.33' side yard is likewise
unacceptable since it is infringing on the
rights of adjacent property owners.
BOARD Deferred on`September 10, 1979 to have the
applicant present at the hearing.
Denied on October 1, 1979.
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Mayor and City Commission
Attention: Mr. Joseph R. Grassie
City of Miami, Florida
re:
October 12, 1979
VARIANCE - DENIED BY ZONING BOARD
APPEALED TO CITY COMMISSION BY THE
APPLICANT: Ralph G. Boalt
3854 Poinciana Avenue
Lot 10, Block 1;
KENTFIELD 2ND AMD (33-52)
Gentlemen:
The Miami Zoning Board., at its meeting of October 1, 1979, Item #1,
following an advertised Nearing, adopted Resolution NO. ZB 199-79
by a 7 to 0 vote DENYING Variance from Ordinance 6871, ARTICLE XXVI
Section 2(44) and ARTICLE V, Section 3(2)(a),- to legalize a th ange
from the original plans for a garage addition under construction on
Lot 10, Block 1; KENTFIELD 2ND AMD-(33-52), being 3854 Poinciana
Avenue, as oer plans dated 4/5/79, with a 10' front yard (25' required),
and 0.33' side yard (5' required).; zoned;R-1B (One Family).
Nine objections were received by mail;' two objectors were present
at the ZB meeting.
A RESOLUTION to provide for this Variance has been prepared by the
City Attorney's office and submitted forconsideration of the
City Commission.
Sincerely,
�'Aure"Y Pere`z-Luuones
Acting Dire —at -di -
Planning
and Zoning Boards
Administration
cm
Z. M. 48
cc: Law Department
Planning Department
NOTE: Planning Department recommendation:. Denial.
mPnr,r;�a r;t-,. ,^ommis ;nn n;nvArhar 2n 1g7q
CITY
OCTOBER 5, 1979
CITY OF MIAMI
DEPARTMENT OF BUILDING & ZONING
PAN AMERICAN DRIVE
MIAMI, FLORIDA
ATTENTION: MR. PEREZ
RE: 3854 POINCIANA AVENUE
ZB 199-79
'79 UC C 10 Alt :05
DEAR MR. PEREZ,
I WISH TO APPEAL THE DECISION RENDERED BY THE ZONING BOARD ON
MONDAY OCTOBER 1, 1979 PERTAINING TO MY RESIDENCE ADDITION.
ENCLOSED IS A CHECK FOR $50.00.REQUIRED FOR THE APPEAL HEARING.
PLEASE NOTIFY ME FOR THE REQUIREMENTS THAT ARE NECESSARY TO FILE
SUCH AN APPEAL.
(5' N1' C.L Y‘).
l ` 1 1,
RALP G.TBOAL
3854 POINCIANA AVENUE
COCONUT GROVE, FLORIDA 33133