HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCE
1796 South Bayshore Lane
Case No. 10-00850v
APPLICATION FOR VARIANCE 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, the Zoning Ordinance of the City of Miami Florida,
the subject to add outdoor storage area in ground floor for "ROSEN RESIDENCE" located at
1796 SOUTH BAYSHORE LANE, Miami, has been submitted, and reviewed to allow an
application for a VARIANCE to allow relaxation of the terms of the zoning ordinance on required
side setbacks distributed at first floor; subject to all applicable criteria;
The "ROSEN RESIDENCE" is comprised of an existing structure of 3,775 square -foot single
family home, adding 898 sq. ft. on the Second floor as per Building permit # 080018664 and
outdoor storage area on first floor of 112 square -foot for a total of 4,785 square -foot, with 4,260
square -foot of green space and provides two (2) parking spaces. This VARIANCE is required to
relax the terms of the zoning ordinance for the SIDE setback on first floor as per NCD-3.
REQUEST for VARIANCE, as per, ARTICLE 8, Section 803.3.2 to allow a reduction of the
required side first floor setbacks an R-1 SINGLE-FAMILY RESIDENTIAL District and NCD-3
COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT, as follows;
Side Setback
REQUIRED TOTAL SIDE IN NORTH AND
SOUTH ON FIRST FLOOR
Existing in North
Proposed in South
TOTAL PROVIDE AMONG ON FIRST FLOOR
Request to waive
25 feet o inches
6 feet 1 inches
5 feet 4 inch
11 feet 5 inches
13 feet 7 inches
Note:
This application for a variance, is not including Class II Special Permit as per ARTICLE 11,
Section 1106.1, Structural change, extension, or expansion; criteria; to allow alterations to
existing garage as accessory structures which do not involve an enlargement or expansion
more at least fifty (50) percent of the square footage of the original building is proposed to
remain of the -nonconforming portion of the -structure to remain,. Also the A/C units and
generator area not part of this permit; subject to all applicable criteria;
The following findings have been made:
• It is found that the subject property is located at an R-1 Single -Family Residential District
with NCD-3 Coconut Grove Neighborhood Conservation District and SD-18 Minimum Lot
Size Overlay District
• It is found that the lot has 11,673 square -feet of Net Lot area, where the standard lot of
the City of Miami is 5,000 square -feet.
• It is found that the property is a non conforming lot under SD-18, and NCD-3 overlays
districts.
• It is found that the applicant is adding 898 square -feet on the second floor, an outdoor
storage area on the first floor of 112 square -feet to the existing structure of 3,775
square -feet.
• It is found that, in order to build the outdoor storage on the first floor, the combined side
setback requirement of 25 feet 0 inches requires a relaxation of 13 feet 7 inches which
increase the degree of non conformity under NCD-3.
• It is found that there is not hardship to justify the requested variance.
Based on these findings, the Planning Department is recommending denial of the
application as presented.
Yes No N/A.
CI E
Analysis for VARIANCE
File ID: 10-00850v
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.
E 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.
E El E 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.