HomeMy WebLinkAboutAnalysisANALYSIS FOR VARIANCE
DUPLEX LEGALIZATION
1772 NW 30TH STREET
File No. 11-00321v
The subject proposal seeks Variances to the setback requirements and parking requirements pursuant to Article 7, Section
7.1.2.7 of Ordinance 13114 and a variance associated with green area requirements pursuant to Off-street Parking Guide and
Standards of Ordinance 13114, as amended and to all criteria, considerations and other regulation as applicable.
Application requests:
Allow a relaxation of the terms of the Miami 21 Zoning Code to allow a 1'2" reduction within the side setback of the
property, where a 5' setback is required and to allow 14'2" reduction within the rear setback of the property, where a
20' setback is required in order to legalize existing addition to a two-family structure. These requests are also
accompanied by a request to allow a parking space reduction of 1, where 4 parking spaces are required and to allow a
green area reduction of 2'9", where 5' of green area is required along the property line when the driveway is adjacent
to a property line.
The subject property is located within the Allapattah NET and consists of one parcel comprising of approximately .141 acres,
located on Lot 11, Block 3 of Central Allapattah Subdivision at 1772 NW 301, Street (Complete legal description on file with the
Hearing Boards Section).
eview and analysis of the proposed application finds that:
■ Article 5, Section 5.3.1 Building Disposition, establishes the required minimum setbacks
• The subject application proposes the legalization of an existing addition to a two-family residence, consisting of
approximately 1,652 square feet containing 2 bedrooms, a kitchen area, living room, dining room, 1 bathroom, and a
an open terrace added to the existing "Unit B" comprising 1 bedroom and bathroom. The current total lot coverage
including addition is approximately 2,778 square feet. The addition encroaches into the side setback by 1'2" and the
rear setback by 14'2".
• Article 7, Section 7.1.2.7 provides terms and conditions where a relaxation of the terms of the Miami 21 Zoning Code
for the required minimum setbacks and parking may be considered.
Property side setback:
Required: 5 feet 0 inches
Proposed new setback: 3 feet 10 inches
Requested relaxation of
minimum setback: 1 feet 2 inches
Property rear setback:
Required: 20 feet 0 inches
Proposed new setback: 5 feet 10 inches
Requested relaxation of
minimum setback: 14 feet 2 inches
Parking:
Required: 4 parking spaces
Proposed: 3 parking spaces
Requested relaxation 1 parking space
• Article 4, Table 5 Off-street Parking Guide and Standards provides terms and conditions where relaxation of the of
Miami 21 Zoning Code for the required minimum green area at property line when driveway is adjacent to the property
line, in the case the east property line, may be considered.
Green Area:
Required: 5 feet 0 inches
Proposed: 2 feet 3 inches
Requested relaxation: 2 feet 9 inches
■ 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.
■ The applicant's inability to provide the required parking and green area are self-imposed hardships resulting from the
construction of the addition.
■ It is found that the granting of the Variance will not be consistent with the applicable criteria as set forth in Article 4,
Table 12.
Based on the aforementioned, the Planning Department recommends denial of the application as presented.
Analysis for VARIANCE
File ID: 11-00321v
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 Transect.
❑ ® ❑ b) The special conditions and circumstances do not result from the actions
of the petitioner.
❑ ® ❑
c) Literal interpretation of the provisions of the Miami 21 code deprives the
applicant of rights commonly enjoyed by other properties in the same
Transect Zone and results in 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 Transect Zone.
❑ ® ❑ 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 Miami 21 Code, and is not injurious to the Neighborhood, or
otherwise detrimental to the public welfare by demonstration of
compliance with the following additional criteria:
1) The Variance, if granted, is consistent with the applicable
criteria as set forth in Article 4, Table 12 as such relates to the
particular location for which the Variance is being sought.