The URL can be used to link to this page

Home My WebLink AboutPZAB (17466) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-25-030 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 17466 Date Rendered: 6/13/2025 A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD GRANTING, WITH CONDITIONS, THE APPEAL FILED BY MARK GRAFTON, ESQUIRE, ON BEHALF OF 4055 POINCIANA AVE, LLC ("APPELLANT"), OF THE DECISION OF THE CITY OF MIAMI PLANNING DEPARTMENT'S DENIAL OF WARRANT NO. PZ-23-17396 PURSUANT TO APPENDIX A, SECTION A.3.6(G)(1), AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO DIMINISH A LOT/BUILDING SITE TO ALLOW FOR THE CONSTRUCTION OF MORE THAN ONE (1) SINGLE-FAMILY RESIDENCE ON A PARCEL ZONED "T3-R," SUB -URBAN TRANSECT ZONE — RESTRICTED WITH THE "NCD-3," COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT OVERLAY, LOCATED AT 4055 POINCIANA AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 4055 Poinciana Ave, LLC ("Applicant" or "Appellant") applied for a Warrant to diminish a lot/building site for the property located at 4055 Poinciana Avenue, Miami, Florida ("Property") pursuant to Appendix A, Section 3.6.g.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code"), WHEREAS, Appendix A, Section 3.6.g.1 of the Miami 21 Code, titled "Lots and Building Sites," provides that "[w]herever an existing single-family residence or lawful accessory building(s) or structure(s) is located on one or more platted lots or portions thereof, such lots shall thereafter constitute only one building site and no permit shall be issued for the construction of more than one single-family residence except by Warrant. Such structures shall include but not be limited to swimming pools, tennis courts, walls, and fences or other at grade or above ground improvements. No building sites in existence prior to September 24, 2005 shall be diminished in size except by Warrant, subject to the criteria specified in Article 4, Table 12 Design Review Criteria"; and WHEREAS, Section 7.1.2.4.b.3 of the Miami 21 Code indicates for Warrants "[a]pprovals shall be granted when the application complies with all applicable regulations; conditional approvals shall be issued when the applications require conditions in order to be found in compliance with all applicable regulations; denials of applications shall be issued if after conditions and safeguards have been considered, the application still fails to comply with all applicable regulations"; and WHEREAS, Section 7.1.2.4.c of the Miami 21 Code indicates that "[a]s appropriate to the nature of the Warrant involved and the particular circumstances of the case, the following criteria shall apply to a Warrant application. The application shall be reviewed for compliance with this Code. The review shall consider the intent of the Transect, the guiding principles of the Date Rendered: 6/13/2025 City of Miami Page 1 of 4 File ID: 17466 (Revision:) Printed On: 6/13/2025 Miami 21 Code, and the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses. The review shall also apply Article 4, Table 12, Design Review Criteria, as applicable"; and WHEREAS, on March 25, 2025, the City of Miami ("City") Planning Department denied Warrant No. PZ-23-17396 pursuant to Appendix A, Section 3.6.g.1 of the Miami 21 Code to diminish a lot/building site to allow for the construction of more than one (1) single-family residence on a parcel zoned "T3-R," Sub -Urban Transect Zone — Restricted with the "NCD-3," Coconut Grove Neighborhood Conservation District overlay for the Property for the reasons indicated in the analysis contained in the denial of Warrant No. PZ-23-17396; and WHEREAS, the Property consists of three (3) platted Lots — Lots, 2, and 3, and in 1947, a single-family residential structure was constructed on Lots 1, 2, and 3 establishing a unified building site of approximately 21,000 square feet; and WHEREAS, the unified building site is consistent with the immediate neighborhood as more than half of the building sites exceed their original platted size of 7,000 square feet; and WHEREAS, the Planning Department found that the proposal was consistent with the requirements of the T3-R, Sub -Urban Transect Zone - Restricted; and WHEREAS, the intent of the NCD-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 WHREAS, the Planning Department found the proposal was inconsistent with and did not align with the intent of the Neighborhood Conservation District-3 (NCD-3) overlay to protect the low -density residential character of Coconut Grove and to prevent the intrusion of additional density, uses, and height; and WHEREAS, the Planning Department found that the proposal was inconsistent with the average Lot size and historic development pattern of the neighborhood; and WHEREAS, the Planning Department found that pursuant to the Guiding Principles of the Miami 21 Code, the proposal was inconsistent with the principle that architecture and landscape design should grow from local climate, topography, history, and building practice; and was inconsistent with the principle that preservation and renewal of historic resources should be facilitated to affirm the continuity of the community; and WHEREAS, the Planning Department found that the proposal would increase the overall residential density in the area by two (2) additional dwelling units; and WHEREAS, the Planning Department found that the Warrant request to diminish the existing building site by reverting to the three (3) originally platted Lots of approximately 7,000 square feet each is inconsistent with the context along Poinciana Avenue between Justison Road and Solana Road where building sites have an average Lot size of 11,712 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 Planning Department analyzed the size of parcels within a quarter -mile radius of the subject building site and found that the average Lot size was 9,300 square feet; City of Miami Page 2 of 4 File ID: 17466 (Revision:) Printed On: 6/13/2025 and WHEREAS, the Planning Department found that 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 reversion of the building site into the three (3) separate building sites is out of character for the area; and WHEREAS, the Planning Department found that pursuant to Goal LU-1 of the Miami Comprehensive Neighborhood Plan ("MCNP"), the project does not advance the goal to maintain a land use pattern that protects and enhances the quality of life in Miami's distinct neighborhoods and diverse communities; and does not advance the goal to maintain a land use pattern that supports the efficient use of land and encourages compact design while protecting and enhancing residential areas within neighborhoods; and WHEREAS, the Planning Department found that pursuant to Policy LU-1.6.9 of the MCNP, the project does not advance the goal to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements; and WHEREAS, on April 7, 2025, Mark Grafton, Esquire, on behalf of the Appellant filed an appeal to the Planning, Zoning, and Appeals Board ("PZAB") of the denial of Warrant No. PZ- 23-17396 with the Office of Hearing Boards; and WHEREAS, as detailed in the Appellant's appeal, the Appellant contends that the Warrant application is consistent with the applicable criteria of the Miami 21 Code; and WHEREAS, the Appellant indicated that 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 - Restricted and the provisions of the NCD-3 overlay of the Miami 21 Code; and WHEREAS, the Appellant indicated that the proposed diminishment is proportional to the existing neighborhood's building site composition and context; and WHEREAS, the Appellant indicated that the proposed diminishment is consistent with the guiding principles of the Miami 21 Code; and WHEREAS, the Appellant indicated that the proposed diminishment lessens the Intensity of development; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") held a public hearing on the appeal of the determination by the Planning Department to review the determination de novo; and WHEREAS, the PZAB heard testimony and evidence regarding the proposed building site diminishment; and WHEREAS, the PZAB reviewed and considered the testimony and evidence and evaluated the Warrant request under the applicable criteria of the Miami 21 Code, including but City of Miami Page 3 of 4 File ID: 17466 (Revision:) Printed On: 6/13/2025 not limited to Appendix A of the Miami 21 Code as well as Article 4, Table 12 of the Miami 21 Code; and WHEREAS, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, based on the testimony and evidence presented, and for the reasons stated on the record, the PZAB found competent substantial evidence in the record to grant the appeal of Warrant No. PZ-23-17396, with two additional conditions on the Warrant: to provide 40% Green Space per Lot and to provide a minimum of 18 trees over the 3 lots; and reverse the denial of Warrant No. PZ-23-17396; 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 Planning, Zoning, and Appeals Board ("PZAB") hereby grants the appeal of Warrant No. PZ-23-17396, with two conditions on the Warrant: 1) to provide 40% Green Space per Lot and 2)to provide a minimum of 18 trees over the 3 lots; and thereby reverses the decision of the City's Planning Department to deny the Warrant No. PZ-23-17396. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall become effective fifteen (15) days upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. Reviewed and Approved: David Snow City of Miami Page 4 of 4 File ID: 17466 (Revision:) Printed On: 6/13/2025