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HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCE 5990 SW 2ND Street Case No, 08-00277v Pursuant to Zoning Ordinance 11000, as amended, Supplement 16, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for MARIA ABILLEIRA'S RESIDENCE at 5990 SW 214°. Street, Miami, Florida. has been submitted and reviewed to allow an applica- tion for Variance to relax the terms of the Zoning Ordinances on required rear setback, subject to all applicable criteria; The proposed development "MARIA ABILLE1RA'S RESIDENCE" will be comprised of legali- zation of an existing laundry room of approximately 44 square feet and a new terrace struc- ture of approximately 351 square feet of floor area. The proposed new terrace structure will maintain the existing rear setback of 6 feet 0 inches. As per zoning regulation, a Variance is required to relax the terms of the Zoning Ordinance on required rear setback. • REQUEST for a VARIANCE, as per, ARTICLE 4, Section 401, to allow a reduction of the required rear setback for a new terrace structure; Required 20 feet 0 inches. Proposed 6 feet 0 inches. Variance to be requested 14 feet 0 inches. The following findings have been made: • It is found that the proposed new terrace structure will maintain the existing rear setback of 6 feet 0 inches and will comprise the legalization of an existing laundry room of ap- proximately 44 square feet. • It is found that the existing structure for which a variance is sought, with the laundry room, results in an overbuilt lot with an overall effect that makes the subject site appear crowded. Additionally, the encroachment into the setbacks deprives the adjacent prop- erty owners of their rightful visual separation. • It is found that the structure, as constructed, is excessive and out of proportion with the existing residence and could accommodate an additional dwelling unit. • It is found that on the subject property there is enough area to accommodate the existing structure without any variances. The lot is oversized, having an area of 6,743 Sq. Ft., where a standard lot in the R-1 Single Family Residential zoning district typically has only 5,000 Sq. Ft. • It is found that the subject lot has been developed, to some extent, without the benefit of building permits thereby, not leaving space for the subject structure is a self-imposed hardship and should therefore not be considered a valid justification for any encroach- ment. It is found that there are no special circumstances or conditions, which apply to the exist- ing property or structure, which does not apply to other properties with the same Zoning designation; therefore, there is no hardship to justify the requested variance. It is found that by developing the lot in the manner reflected on the plans submitted, the property owner has derived undue benefits under the Zoning Ordinance. Based on these findings, the Planning Department is recommending denial of the ap- plication as presented. Yes No N/A. M 0 nalysis for File ID: 08-00277v 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. E 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. Li 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. X 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.