HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCE
LEGALIZATION OF EXISTING ADDITION TO YAMERYS MAZARET
RESIDENCE
430 N.W. 32ND PLACE MIAMI, FL. 33125
CASE NO. 10-00493v
APPLICATION FOR VARIANCES SUBJECT TO COMPLIANCE WITH ZONING ORDINANCE
11000 and THE CITY CODE, AS AMENDED, AND TO ALL APPLICABLE CRITERIA,
CONSIDERATIONS AND/OR OTHER REGULATIONS.
Pursuant to Ordinance 11000, as amended, Supplement 14, the Zoning Ordinance of the
City of Miami Florida, the subject proposal for LEGALIZATION OF EXISTING ADDITION
TO YAMERYS MAZARET RESIDENCE at 430 N.W. 32ND PLACE MIAMI, FL 33125, has been
submitted and reviewed to allow an application for Variances, subject to all applicable criteria;
The proposed project "LEGALIZATION OF EXISTING ADDITION TO YAMERYS MAZARET
RESIDENCE" will be comprised of legalizing an addition of approximately 216 square feet
to an existing one story single unit of a two-family residence of approximately 3,918
square feet, for a total of 4,134 square feet of floor area. To legalize said addition
VARIANCES are required to relax the terms of the zoning ordinance on; 1) minimum
required rear and front setbacks, and 2) maximum allowed footprint, as follows:
REQUEST for a VARIANCE, as per, ARTICLE 4, Section 401, to allow a reduction of the
required rear setback of a detached unit of a two-family residential building:
ear Setback
Required 10 feet 0 inches (as approved under P# 89-9822)
Proposed 4 feet 11 inches
Request to be waived 5 feet 1 inch
REQUEST for a VARIANCE, as per, ARTICLE 4, Section 401, to allow a reduction of the
required front setback for detached unit of a two-family residential building:
Front Setback
Required 20 feet 0 inches (as approved under P# 89-9822)
Proposed 19 feet 6 inches
Request to be waived 0 feet 6 inches
REQUEST for a VARIANCE, as per, ARTICLE 4, Section 401, to allow an increase of
maximum allowed foot print for a two-family residential building:
Footprint
Allowed 3,900 SF (40% of GLA)
Proposed 4,134 SF (42.40 % of GLA)
Request to be waived 234 SF (2.4% of GLA)
The following findings have been made:
It is found that the applicant is seeking to legalize an existing 216 square foot addition
containing a bathroom and bedroom uses to a one story two-family residence of
approximately 3,918 square feet for a total of 4,134 square feet.
It is found that the legalization of the addition requires the relaxation of the terms of the
zoning ordinance by variances in three areas rear setback required 10 feet 0 inches
requesting to be waived 5 feet 1 inch propose 4 feet 11 inches, front setback required 20
feet 0 inches requesting to be waived 0 feet 6 inches proposed 19 feet 6 inches, and
building footprint required 40% at 3,900 square feet of lot coverage requesting 42.4% lot
coverage at 4,134 square feet an increase of 234 square feet over the maximum lot
coverage.
• It is found that the construction of the addition was built without the benefit of a building
permit creating a self-imposed hardship and should therefore not be considered a valid
justification for any encroachment.
• It is found that the granting of the variance will not be in harmony with the general intent
and purpose of the Zoning Ordinance 11,000.
Based on these findings, the Planning Department is recommending denial of the
application as presented.
Analysis for VARIANCE
File ID: 10-00493v
Yes No N/A.
❑ ® ❑ 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 same zoning district.
❑ ® ❑ b) The special conditions and circumstances do not result from the actions
of the petitioner.
❑ ® ❑ c) Literal interpretation of the provisions of this Zoning Ordinance No.
11000 deprives the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this Zoning
Ordinance No. 11000 and works unnecessary and undue hardship on the
petitioner.
❑ ® ❑ d) Granting the variance requested conveys the same treatment to the
individual owner as to the owner of other lands, buildings, or structures in
the same zoning district.
❑ ® ❑ e) The variance, if granted, is the minimum variance that makes possible
the reasonable use of the land, building, or structure.
❑ ® ❑ f) The grant of the variance is in harmony with the general intent and
purpose of Zoning Ordinance No. 11000, and is not injurious to the
neighborhood, or otherwise detrimental to the public welfare by
demonstration of compliance with the following additional criteria related
to impact, character and design:
1) The variance, if granted, would result in a project that is
consistent with the applicable criteria as set forth in Sections
1305.2 and 1305.3 of Zoning Ordinance No. 11000, as such
design relates to the particular location for which the variance is
being sought.