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and Zoning Department
velopment Section
ANALYSIS FOR
VARIANCE
File ID#:12-01180v
Request: Variance pursuant to Article 7, Section 7.1,2,7 of the Miami 21 Code, to allow
relaxation of the terms of Miami 21 Code for required minimum rear setback:
Required: 20 feet 0 inches
Proposed: 3 feet 11 inches
Requested to be waived: 16 feet 1 inch
Project: Legalization of an existing addition to Mr. Ortiz Residence
Location: 2970 SW 4th Street
Net District: West Flagler NET
Folio # 0141040150042 Square footage: 5,775 s.f. = 0.133 acre
Current Zoning Designation: T3-0 (Sub -Urban Transect Zone - Open)
FINDINGS AND COMMENTS:
1. Article 5, Section 5.3.1 Building Disposition, establishes the required minimum
setbacks
2. The subject application proposes the legalization of an existing addition to a two-
family residence, which are units 1 and 2.
3. Unit 2 represents the existing addition that requires legalization. The unit provides
a rear setback of 3 feet 11 inches, where 20 feet 0 inches is required. The unit
encroaches into the rear setback 16 feet 1 inch,
3. 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.
4. 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 and Article 7, Section 7.1.2,7 (b).
Based on the above findings, (he Planning and Zoning Department recommends
Denial of the application as presented.
5119/2014 D.Cook
Page 1 of 1
Analysis for VARIANCE
File ID: 12-01180v
Yes No N/A.
O 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_
�] Z 0 b) The special conditions and circumstances do not result from the actions
of the petitioner.
0
0
1�1
114
• 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.
0 e) The Variance, if granted, is the minimum Variance that makes possible
the reasonable use of the land, Budding, or Structure,
O 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.
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MIAMI 21 MAP
SW 2ND ST
SW 3RD ST
SW 31 ST AVE
T3-L
T3=O
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SW.4TH.ST
SW 29TH AVE
SW 6TH ST
SW 7TH ST
0 125 250 500 Feet
1 I I 1 1 1 1 1 1
T4-R T5-L
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Address: 2970 SW 4 ST
0
150
300
600 Feet
ADDRESS: 2970 SW 4 ST
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OR'`9
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-053
File ID 12-01180v July 2, 2014 Item PZAB.1
Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD MADE A
MOTION TO APPROVE WHICH FAILED, CONSTITUTING A DENIAL OF A VARIANCE AS
LISTED IN THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 7, SECTION 7.1.2.7, TO ALLOW A RELAXATION OF THE TERMS OF
THE MIAMI 21 ZONING CODE FOR THE REQUIRED MINIMUM REAR SETBACK, TO
ALLOW A REAR SETBACK OF 3'11" (20'0" REQUIRED, REQUEST TO WAIVE 16'1"), FOR
THE PROPERTY LOCATED AT APPROXIMATELY 2970 SOUTHWEST 4TH STREET, MIAMI,
FLORIDA.
Upon being seconded by Ms. Maria Lievano-Cruz, the motion passed and was adopted by a
vote of 4-4:
Ms. Jennifer Ocana Barnes Absent
Mr. Chris Collins No
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia No
Mr. Charles A. Gibson Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Ernest Martin Absent
Mr. Daniel Milian No
Mr. Juvenal Pina No
Ms. Melody L. Torrens Yes
Mr. David H. Young Absent
Fran•'sc• 'Garcia, Director
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
a iq
Execution ate
Personally appeared before me, the undersigned authority, Olga Zamora 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 lS DAY OF l Li St 2014.
VGnes Sc, (
Print Notary Name
Personally know /- or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Public State of Florida
My Commission Expires:
VANESSA TRUJILLO
MY COMMISSION # EE 105250
EXPIRES: July 11, 2015
Bonded Thru Notary Public Underwriters
EXHIBIT "A"
Owner : Joel Ortiz
Subject property address:
2970 SW 4th Street
Legal description(s)
Lot 3 , Block 2 of Carolina Heights Addition Subdivision
Plat Book 12, Page 57
Miami -Dade County, Florida