HomeMy WebLinkAboutAppeal Ltr, Analysis, Maps & PZAB ResoMay 19, 2011
To: /17/G. QNEI_ eG'CJG.Z
"itA i.� r/� .55/6T%A/T %/
t4 <6, / ,���� U� /'�'A
/'%/'Ai / 2- .3
From: Theresa Matias and John Radu
Re: APPEAL OF PLANNING AND ZONING DEPARTMENT DENIAL
Property: 1772 N.W. 30th Street, Miami, FL 33142-6167 //`0 a -3 a
With this letter, we would like to submit an Appeal based the denial decision made by the Planning and
Zoning Board made on May 4, 2011.
Respectfully,
Theresa Matias
11 Island Avenue #511
Miami Beach, FL 33139
(917) 523-4803
adu
101 NW 32nd Street
Coral Springs, FL 33065
(954)
ANALYSIS 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 301h 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.
Yes No N/A.
❑ ® ❑
Analysis for VARIANCE
File ID: 11-00321v
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.
0
1
M IAM 121 MAP
T3-O
150
300
I
T4-O
600 Feet
I
717C711
NW 32ND ST
NW 31 ST ST]
III
O
H
IT3
L
ADDRESS: 1772 NW 30 ST
29THLTER
t' J
0
•.il
Z
28TH TER
0 150 300
600 Feet
ADDRESS: 1772 NW 30 ST
Miami Planning, Zoning and Appeals Board
File ID 11-00321v
Resolution: PZAB-R-11-024
May 04, 2011 Item PZAB.4
Mr. Lazaro Lopez offered the following resolution and moved its adoption:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO. 11000,
THE PLANNING, ZONING AND APPEALS BOARD DENIED THE VARIANCES AS LISTED
IN ARTICLE 5, SECTION 5.3.1(e); ARTICLE 7, SECTION 7.1.2.7(a); AND OFFSTREET
PARKING GUIDE AND STANDARDS OF THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A
RELAXATION OF THE SIDE AND REAR SETBACKS IN T3-O AND REDUCTION OF
PARKING AND GREEN AREA AS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0"
REQUIRED, REQUEST TO WAIVE 1'2"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0"
REQUIRED, REQUEST TO WAIVE 14'2"); C) PARKING OF 3 SPACES (4 PARKING
SPACES REQUIRED, REQUEST TO WAIVE 1); D) REDUCTION OF THE REQUIRED FIVE
(5) FEET YARD OF GREEN AREA AT EAST SIDE OF THE PROPERTY LINE, WHEN
DRIVEWAY IS ADJACENT TO A PROPERTY LINE: PROPOSED 2'3" (REQUIRED 5'0",
REQUEST TO WAIVE 2'9"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1772
NORTHWEST 30TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED AS EXHIBIT "A"
(HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
ZONED "T3-O" SUB -URBAN ZONE.
Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and
adopted by a vote of 8-0:
Mr. Charles A. Garavaglia Yes
Mr. Patrick Goggins Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Lazaro Lopez Yes
Mr. Ernest Martin Yes
Mr. Daniel Milian Yes
Mr. Michael Schiff Yes
Ms. Janice Tarbert Yes
Francisc• Garcia, Director
Planni g Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 1 DAY OF �., 20 1.
r
, a. (q�S
Print Notary Name 1 Notary ublic St- e .f Florida
Personally know or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
«° -Ak, Notary Public State of Florida
Sandra Forges
a My Commission DD859677
14%0F 0,/, Expires 02/09/2013
BURGOS
LANZA
Architect & Planners
475 Biltmore Way, Suite 3.14
Coral Gables, Florida 33134
(786) 554-9035
(305) 661-2543 Fax
AA 2006/519
March 01, 2011
City of Mianii
Hearing Boards
Re: 1772 NW 30th St. Miami, FI
EXHIBIT A
Property Address: 1772 NW 30th St. Miami, FI
Legal Description: LOT 11, BLOCK 3, OF CENTRAL ALLAPATTAH SUBDIVISION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 39 AT PAGE E 91 OF
F
THE PUBLIC RECORDS MIAMI-DADE COUNTY, FLORIDA
1
BURGOS LANZA AND ASSOCIATES
475 BILTMORE WAY SUITE 314
CORAL GABLE, FL 33146
T: (786)-554-9035