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City of Miami
PZAB Resolution
Enactment Number: PZAB-R-17-040
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2372
Final Action Date: 7/19/2017
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
DENYING THE APPEAL OF WARRANT NO. 2017-0002 ISSUED PURSUANT TO
APPENDIX A, SECTION 3.6.G.1 OF ORDINANCE NO. 13114, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), TO
ALLOW THE DIMINISHMENT OF A BUILDING SITE LOCATED WITHIN A T3-R
("SUB -URBAN") TRANSECT ZONE WITH A NCD-3 ("NEIGHBORHOOD
CONSERVATION DISTRICT-3") OVERLAY FOR THE PROPERTY LOCATED
APPROXIMATELY 3501, 3511, AND 3521 AVOCADO AVENUE, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 9, 2017, the Department of Planning denied Warrant No.
2017-0002 pursuant to Appendix A, NCD-3, Section 3.6.g.1 of Ordinance No. 13114, as
amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") to allow
a building site to be diminished in size located in a T3-R ("Sub -Urban") Transect Zone
with an overlay of NCD-3 ("Neighborhood Conservation District-3") for the property at
3501, 3511, and 3521 Avocado Avenue; and
WHEREAS, on May 19, 2017, the Appellant filed an appeal of the denial of
Warrant No. 2017-0002; and
WHEREAS, the Appellant claims that the proposed diminishment of the building
site of 21,000 square feet by reverting to the three (3) originally platted Lots of 7,000
square feet each meets the requirements set forth in the T3-R ("Sub -Urban") Transect
Zone and the provisions of the NCD-3 ("Neighborhood Conservation District-3") overlay
of the Miami 21 Code; and
WHEREAS, the Appellant claims that the proposed reversion of the Lots to 7,000
square feet each is proportional to the existing neighborhood's building site composition
and context; and
WHEREAS, the Department of Planning found that the proposal under Warrant
No. 2017-0002 to allow a building site to be diminished in size by reverting the site into
its three (3) originally platted Lots of 7,000 square feet each was inconsistent with the
intent of the T3-R ("Sub -Urban") Transect Zone with an NCD-3 ("Neighborhood
Conservation District-3") overlay; and
WHEREAS, on September 17, 1956, a single-family residential structure was
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constructed on Lots 11 and 12 (property known as 3600 Hibiscus Street) establishing a
unified building site of approximately 14,000 square feet; and
WHEREAS, on September 23, 2005, a Unity of Title Agreement (CFN:
20160570867 Book 30250 Pg. 2678) was created for 3600 Hibiscus Street (known
today as 3501, 3511, and 3521 Avocado Avenue) to unify lots 10, 11, and 12; and
WHEREAS, with the unification of Lot 10 with Lots 11 and 12, the square footage
of the building site increased from 14,000 to 21,000 square feet; and
WHEREAS, the unification of building sites is consistent in the immediate
neighborhood as more than half of the building sites exceed their original platted size of
7,000 square feet; and
WHEREAS, the intent of the NCD-3 ("Neighborhood Conservation District-3")
overlay is to protect the low -density residential and dominant tree canopy characteristics
of Coconut Grove and to prevent the intrusion of additional density, uses, and height;
and
WHEREAS, the Department of Planning found that the Warrant request was to
diminish the existing building site by reverting to the three (3) original platted Lots of
approximately 7,000 square feet each which is inconsistent with the context along
Avocado Avenue between Hibiscus Street and Plaza Street where building sites have
an average Lot size of 8,744 square feet and, therefore, the request did not comply with
Article 4, Table 12 of the Miami 21 Code concerning the urban form criteria; and
WHEREAS, the Warrant request as proposed would increase the overall
residential density in the area by two (2) additional dwelling units; and
WHEREAS, the Department of Planning found that the proposal involves the
construction of three (3) two-story dwelling units on Avocado Avenue, which is
predominately developed with one-story residences and as presented, the proposal is
out of character with the neighborhood context; and
WHEREAS, staff analyzed the size of parcels within a 250-foot radius of the
subject building site and found that the average Lot size was 8,940 square feet; and
WHEREAS, staff analyzed the size of parcels within a 500-foot radius of the
subject building site and found that the average modified Lot size was 11,256 square
feet; and
WHEREAS, the proposed building sites of 7,000 square feet each will be
disproportional to the existing neighborhood's building site composition and context; and
WHEREAS, the Department of Planning found that the proposal did not align
with the intent of the NCD-3 ("Neighborhood Conservation District-3") overlay, which is
to protect the low -density residential character of Coconut Grove and to prevent the
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intrusion of additional density, uses, and height; and
WHEREAS, the Department of Planning found that the reversion of the building
site into the three (3) separate building sites is out of character in the area; and
WHEREAS, based on the testimony and evidence presented, after due notice,
and an opportunity to be heard has been afforded to all parties and members of the
public, there is substantial evidence in the record to deny the appeal of Warrant No.
2017-0002 and uphold the denial of Warrant No. 2017-0002;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND
APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The appeal of Warrant No. 2017-0002 is denied.
Section 3. This Resolution shall be effective immediately upon its adoption.
APPROVED AS TO LEGAL FORM AND CORRECTNESS
Fra cisc -Garcia, Director
Planni g and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
1
Executio Date
Personally appeared before me, the undersigned authority,
(Di Crk -2r c»—o- , Clerk of the Office of Hearing Boards of the City of
Miami, Florida, and acknowledges that he/she executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE
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Print Notary Name
Personally known ✓ or Produced I.D.
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Type and number of I.D. produced
Did take an oath or Did not take an oath
ME THIS
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DAY OF
5lic State of Florida
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g�"r , SILVJA GONZALEZ
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MY COMMISSION if GG 051561
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"Exhibit A"
3501, 3511, 3521 AVOCADO AVENUE LEGAL DESCRIPTION
Lots 10, 11 and 12, Block L, Cocoanut Grove Park 2nd Amended Plat, according to the Plat
thereof, as recorded in Plat Book 1, Page 62 of the Public Records of Miami -Dade County,
Florida.
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