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HomeMy WebLinkAboutsubmission - summaryTo: The Mayor and Commissioners of the City of Miami 2-12-04 CASE SUMMARY Appeal of the City of Miami Zoning Board's 12-15-03 decision allowing a variance at 3689 Loquat Avenue which reduces the side street setback from 15 feet to 10 feet. We, the appellants, Glenn Terry, Reginald F. Nicholson, Manuefla Jaramillo, James Goff, Ronald and Sharon Sprake, Thomas Scolaro, Curtis and Marilyn Garbett, and, Peter and Honore Steedman, file this summary and ask the Members of the Miami City Commission to deny the Mr. Karim Bayzid's request for a variance. FACTS: Karim Bayzid and his father, Nader Bayzid (doing business respectfully as "Atica Properties LLC" and "Solveig One LLC"), purchased the four lots on the NE corner of Douglas Road and Loquat Avenue in August, 2003. They intend to demolish the existing house and to build several houses on the site. Karim Bayzid is the project's architect. He has shown us, the appellants, his design for four houses which will front on Loquat Avenue. There is one on each of the four lots (numbered on thePlat 1,2,3 and 4, see Diagram ). rY ten foot strip owned by the City jm ten foot strip dedicated-c . for public purposes Diagram A "4k ER 4VE, r:; ZT Z7 LET # T El �.10 u. coQU9T ave. AU of the Tots are "buildable", large enough meet the lot size required by the City for a house. Mr. Karim Bayzid ("Petitioner") petitioned our City's Zoning Board for a variance so that the Douglas Road side street setback for Lot #1 would be reduced from 15' to 10 `. This would allow a larger house to be built on Lot #1 (Lot #1 is smaller than the other three. Because it extends all the way to Douglas Road, the City owns or controls the west 20 feet). The Board granted his request for a variance at their December 15, 2003 meeting agreeing with the Petitioner that only having space for a small house would be "a hardship". ARGUEMENTS : 1. The Petitioner, Karim Bayzid, has failed to meet the six requirements required by section 1903.1 of our City's code in that a) there is no hardship or no special conditions or circumstances. While Lot #1 is smaller than the others and has a side street setback (by virtue of it being the only one on a side street), Mr. K Bayzid purchased knowing its size, setbacks and other obvious building limitations. SUBMITTED INTO THE PUBLIC RECORD FOR ITEM P2. S ON .9-a6-ou b) Mr. K. Bayzid has not suffered any undue hardship as a result of his purchasing Lot #1. He purchased a buildable lot . The purchase price reflected the property's limitations. He now has the same rights as anyone buying a similar piece of property of the same size with the same zoning setbacks. c) Any alleged "hardship" was self-created by the Petitioner, i.e., Mr. Bayzid's desire to build a house larger than the property's size allows. d) The granting of this variance would not be in harmony with the general intent and purpose of this zoning ordinance. It is injurious to the neighborhood in that it, 1) reduces the setback between the proposed house and Douglas Road_ Said space is provided for in our zoning ordinances so as to provide a "buffer zone" between the house and the public space next to it. 2) would create more of a depressing "wall effect" next to the busy thoroughfare, Douglas Road, and 3) reduces the setback area needed for trees that will provide a natural transition between the petitioner's project and Douglas Road. In short, granting the Petitioner his variance would create an undue hardship on the neighborhood and the public passing by on Douglas Road. 2. ALTERNATIVES- Karim Bayzid's Lot #1 is "buildable", he can build a narrow house on Lot #1. If he chooses not to build the narrow house allowed, there are many alternatives to a variance that he can easily pursue. As he and his father are developing the lots together, they could a) Build one house on Lots 1 and 2 (and two on 3 & 4) as seen in Diagram b) Create a Unity of Title building four houses on land held in common (see Diagram "C"), or, c) Have the four lots re -platted as illustrated in Diagram "D". In this configuration the developers could build four houses without resorting to building one that is narrow (see Lot 1 on Diagram "A"). Diagram B Diagram C Diagram D tuY.:d f Ave. 3. PROPOSED VARIANCE RESTRICTIONS- If the City Commission should choose to reject our arguments and to grant the variance, we ask that, a) The variance include a restriction which would prohibit the Petitioner from extending his structure into the remaining 10 foot setback in any possible way. This would include roof overhangs and any possible structural extensions, and, b) The implementation of the variance be delayed for two weeks, having it conditional upon the Petitioner getting an approved landscape plan from the City's Department of Planning and Zoning, a plan that will reduce the negative impact of the Petitioner's expanding his structure onto the land, dedicated to the public good, next to it. CONCLUSION: Mr. Karim Bayzid purchased Lot #1 knowing full well its limitations. He does not need a variance to build a house on this property. There is no "undue hardship". He is only asking for a variance to enhance the value of his property. If the variance is allowed, Mr. Bayzid's proposed structure will cause a hardship to the neighborhood and the public at large as the wider house will allow less room landscaping in the setback area. It will also reduce the "buffer zone" needed for a future sidewalk, swale area, and additional landscaping along Douglas Road. For these reasons, the City Commission should deny the Petitioner's request for a variance. Respectfully submitted by Glenn Terry, representing himself and the other appellants, 3659 Loquat Ave., Miami. FL 33133 305-441-8511 Appellants' Case Summary Diagram Enlargements Re: 3689 Loquat Ave. ten foot strip owned M by the City ten foot strip dedicated-.44 for public purposes Diagram A Diagram B 1 4 1 pi A `� ] 1 LOT 2 LO LOT' 3 LOT �T 0' 50' 50' L©avgF- Av il.1 /i' ir ,/ /, .` 2 3 1f LoquftT' -41,F (please see other side) swd! e Diagram C Diagram D Si- /1 kg s Oaks S/OEWALK /`k7lerAve. (overt in Use v0 Loccvdt A vE ,14vler Ave i GO` co' d„i14:0 f Ave.