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Home My WebLink AboutR-77-0145RESOLUTION NO. 774L A RESOLUTION ORANTIMO VARtANC' PROM 'ORDINANCE 6871, ARTICLE XI, SECTION 2(1), 3(2)(a) AND (3)(a), AND ARTICLE XXIII, SECTION 3(5)(b)1, TO PERMIT REMODELING OP EXISTING BUtLDINtt ON LOTS 11 AND 12, BLOCK 3, Mc>ALLISTER TERRACE AMD (14=49) , BEING 2700=10 S J1, 13TH 'STREET AS PER PLANS ON PILE, ON A LOT 50' WIDE (60' RE0UIRED), AND 5000 SO, PT, IN AREA (6000 80, FT, REQUIRED), WITH A 6,65' SIDE YARD (9' REOUtRED), AND 11' REAR YARD (20' REQUIRED), PROVIDING= A 2' LANDSCAPED STRIP (5' REOUIRF'D) , WITH A 2,51 HIGH ORNAMENTAL t4ALL TO THE SOUTH OP THE S.W. 27TH AVENUE ENTRANCE, PROVIDED, HOWEVER, THAT THERE SHALL BE NO INGRESS TO OR EGRESS PROM THE BUILDING ON THE S,W, 13TH TREET SIDE AND THAT THE PRINCIPAL INGRESS AND " U P P ORT \ EGRESS SHALL BE FROM THE S.W, 27TH AVENUE SIDE, A ,ONED R-C (RESIDENTIAL OFFICE). JLjL►I FOLLOW" WHEREAS, the Miami Zoning Board at its meeting of January 3, 1977, Item No. 2, following an advertised Hearing, adopted Resolution No. ZB 4-77 by a 5 to 2 vote denying Variance from Ordinance 6871, Article XI, Section 2(1), 3(2)(a) and (3)(a), and Article XXIII, Section 3(3)(b)1, as hereinafter set forth; and WHEREAS, the applicant and owner of the hereinafter described property have taken their appeal to the City Commission; and WHEREAS, this Commission, after consideration and due deliberation, finds that the literal application of the provisions of the ordinance would impair the owner's rights to some reasonable use of the property without the granting of the variance requested; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "DOCUMENT NDEX ITEM NO Section 1. The application for Variance rrom r finance 6871, Article XI, Section 2(1), 3(2)(a) and (3)(a), and Article XXIII, Section 3(3)(b)1, to permit remodeling of existing building on Lots 11 and 12, Block 3, McAllister Terrace Amd (14-49), being 2700-10 S.W. 13th Street, as per plans on file, on a lot 50' wide (60' required) and 5000 sq. ft, in area (6000 sq, ft. required) with a 6.65' side yard (9' required) and 11' rear yard (20' required), providing a 2' landscaped strip (5' required),, with a 2,5' high ornamental wall to the south of the S.W. 27th Avenue entrance, provided, however, that there shall be no ingress to or egress from the building on the S.W, 13th Street side and that the principal ingress and egress shall be from the 8.14. 27th Avenue side; zoned k=C (Residential Office) , be and the same is hereby granted, PAESE1 AND ADOPTED this 23RD day of FtERUARY___._ 1977. RALPH G. ONGIEE City Clerk PREPARED AND APPROVED BY; Michel E. Anderson Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: orge F. ,nox, City Attoey MAURICE A, FERRE_. MAYOR "SUPPORTIVE DOCUMENTS FOLLOW" HtC:TOR HAC:HS, ICI D4 2466 S.W. 12th Street Miami, rfdrida The Miami City C:omtt issiof Miami, Florida Gentlemen: My name is Dr. Hector Races I an a medical doctor and I have maintained my office at the above address since 1973. There are four parking spaces that service my office. These parking spaces have proved more than sufficient to accomodate the parking requirements of my patients. Since 1973 up to the present time, I have received no complaints from the neighbors concerning excess traffic or overflowed parking resulting from my practice. Sincerely, -.err HECTOR RACES, ?MD. FiNTS FOLLOW„ February 22, 1977 The Miatiti city CotnI ission Miami, Florida Cent ieizten We, the undersigned, are neighbors who live in close proximity to the medical offices of Dr. Hector Haces, located at the corner of l2th Street and 27th Avenue, S.W. Dr. Haces has had his, offices in our community since 1973. At the present, and during the entire time during which he occupied the office, the neighborhood has not exper- ienced any excess traffic problems nor any parking problems. In fact, the medical offices of Dr. Haces have been a benefit rather than a detriment to the community. Sineerely, "SUPPORTIVE DOCK.. t ENT S FOLLOW". (29 , 9)./ Cy(;,6 µ� d 1� � i- CO14t1SSIOt lkS . PO TAINT ir. A1' ''`.At'' PC 0V ZD1 Trig IOVINil..80A1VJS DECISSiO`0 ' i'AIM ARY. Ira 1977 0 °4., PROPtilTY 158SCR1DPD AS 2700 - 10 S.W. . th St. 1-......mi Pln Lets 11 & 1.2 IllGC : 3 • ot le._r0'1-u., r CP A1Jt3 Rt.1l16t141 ) • • kL)D fi'SS A(I . -try- 1.1e cL �u)1')JSS 2700 T 0 /. . '��,; �2.�7.�isti �: C✓-l%C�� 076 o 5�t//.� d 1'12rd��r �a�aors i' 3 •Wgi — arw. /7 Pei.e,ir r 0 % 2/ #4 4e,/' i ti tPa.,44.4 vu� �. q l/ �3 r c7 / 3 i9, L e r 20 • P/3 4J ...2. 1 F ,' ,&..�'` 1171/41,/, e r45% /.3 re--17 27clzwko. pi; efG Sly) 4.7 .� � J �/ ). 12. ? l M"e rttsM'"'!11 e ,r •1 .., kis I FOLLOy» 3 ELL 0 N NOT . 1.1 n t'./ t.l_0_:6l 1 . 'a/e=? i B,4d• 3 to Art '' 3 C�`)Ti�.{.14 �it7?�i�1 r .JM,.:i (r%/mei' +Cl �� /.� J L, 7,9/ 5,lcJ, /41-6f . k/ U 4.W / L ////r me Ahi7'ie• 7e,e,PAea 044,9 ‘,ii". 84' 9 c9-7 7% ECG i/de/// G' • ZCNONC FACT SHtT LO A I NIE AL OWNER APPLICANT ZONING REQUEST EXPLANATION RECOMMENDATIONS PLANNING DEPARTMENT -ZONING BOARD COMMUNITY REACTION APPEAL PTA 12/9/76 r 12/22/76 r 1/13/77 2700-4710 S.W. 15th Street Lots 11 & 12 Block 3; MC A.LLISTER TERRACE AMEN t (14 OsvaEdo Ramos 3560 S. W. 13th Terrace. Ivliattii, 'L Marta Soler ia61 $ird Road R �C► Residential'Office Variance Application to permit remodeling of existing duplex building for use as medical office. Variances are: lot Width (50' present-60' required); lot area (5000 sq► ft. present-9' required); rear yard (ll' present-20' required); landscape of parking Ores (2!,landscaped str pprovided=5! requ red ; erection ef_a4. $' ornamental wall bordering,the,2! landscape strip. 49) The applicant states this is a good location for a doctors' office. APPROVAL: SUBJECT TO RESUBMISSION OF AN APPROVED SITE AND LANDSCAPE PLAN BY THE PLANNING DEPART- MENT. The reuse of property from two family residential to medical offices can be accommodated in a way to satisfy the intent of the ordinance. The existing site is limited in land area and frontage requirements and represent a basis for harship, however, the existing site limitations suggest additional revisions are needed to accommodate the office use. Deferred by Resolution #ZB 194-76, December 20, 1976, by a 6-0 vote, one member absent, for the owner to be present. Denied by Resolution #ZB 4-77, January 3, 1977, by a 5-2 vote. Seven (7) objectors were present. Seven (7) written objections were received. Request by the applicant to appeal the adverse decision of the Zoning Board, January 4, 1977. "SUPPORTIVE DOS Ut',7ENTS L'L.��tll 7T_ /yCS` 2,00'2110 SW 13th Street Lots 11 & 12; Mock 3 MC ALLISTER TERRACE AMENDED ('4-49) coTiZEET PRofbcola) icy IOSL O' 01,J 1-1PC)P TI 1/E l_t 0VV" CITY a MIAM$ PLANNING DEPARTMENT December, 1976 N NORTH 27,0 <.2710„S.r ;1+Jaa..r .it.h_Stte $1/MMAret lits_2014/146_ HOARD, MINUTES, V_ITEM : _ 1 .11.. The planning Department recommended the reuse of this property from two-family residential to Medical uses, stating that limitation of land area is a hardship, but requested additional landscaping. The applicant stated that he thought their plan met all requirements, but would go along with the planning Department's recommendations. He pointed out that duplexes have been phased out along 27th Avenue and replaced with commercial and apartment structures; that this proposal is consistent with current development. He stated that they meet the off-street parking requirements. The objectors stated the duplex faces S. W. 13th Street, not 27th Avenue and it is a residential block. They also feel that a doctor's office would generate extra parking in front of their houses, especially since only four spaces are required and provided for this office. They just don't want commercial intrusion into their neighborhood. In rebuttal the applicant reaffirmed that the duplex residence is not compatible with the development on 27th Avenue. The proposed doctor'a office is. Silverman offered the motion to deny,stating that the subject property was on contract, and the doctor would not purchase if denied by the Board. Walker, Dean, Baro and Callahan voted with Silverman. Gort and Basile voted against denial. Verbatim Minutes of this item are available if desired. Please call me; R. A. Davis 579-6082 "SUPPORTIVE DOCUMENTS FOLLOW" Honorable City Commission Attention: Mr. Joseph R. Grass e City of Miami, Florida re: January 1A, 1977 VAuypR�1.r�A1V{C�►H �' Li,Eylp`.IWIED �,ya ,�,,y2 lVIlRYO .BOAICL/ APPEALED TO �a�l 1",.i_..comm:4SS IVLY.�.,B 'SHE APPLICANT. - Marta Soler 2700-10 S.W. 13th Street Lots 11 and 12, dock 3; McALLISTER TERRACE AMD (14-49) Gentlemen: The Miami Zoning Board, at its meeting of January 3, 1977, Item #2, following an advertised Hearing, adopted Resolution No. ZB 4-77 by a 5 to 2 vote DENYING Variance from Ordinance 6871, ARTICLE XI, Section 2(1), 3(2)(a) and (3)(a), and ARTICLE XXIII, Section 3(3)(b)1, to permit remodeling of existing building on Lots 11 and 12, Block 3, McALLISTER TERRACE AMD (14-49), being 2700-10 S.W. 13th Street, as per plans on file, on a lot 50' wide (60' required), and 5000 sq.ft. in area (6000 sq.ft. required), with a 6.65' side yard (9' required), and 11' rear yard (20' required), providing a 2' landscaped strip (5' required), with a 2.5' high ornamental wall to the south of the S.W. 27th Avenue entrance; zoned R-C (Residential Office). Seven objections were received in the mail; and seven objectors were present at the meeting. A RESOLUTION to provide for this Variance has been prepared by the City Attorney's office and submitted for consideration of the City, Commission. cm Z. M. 40 Attached: Minutes cc: Law Department Planning Department NOTE: Planning Department recommendation: APPROVAL Tentative City Commission date: February 23, 1977. Sincerely, RpDerir" . Davis, Director Department of Administration Planning and Zoning Boards "SUPPORTIVE DOCUMENTS ENT FOLLOW" TO! ttOT„ic OP Appt AL bepartmeht of Administration for planning and Zoning hoards P. O. Bok 330708 Miami, 1lorida 31133 2700-271O S.tst. lath Street, tots 11 and 12, Block 3; MC 2 L X PER TERRACE AMb (14-'49). The Applicant and the Owner of the above described property hereby give notice of their appeal and respectfully request that the Miami City Commission overrule the decision of the Miami Zoning Board Resolution No. Z 4-77 da1tjed January 3, 1977, and that the Application for Variance be granted. The Applicant and Owner request a full hearing on this Appeal before the Miami City Commission, Respectfully submitted, January 17, 1977 Variance Lot 11 & 12, Block 3 MC ALLISTER TERRACE MENDED (14-49) This is to certify that there are 95 property owners on the certified list for the above application. There are 15 property owner's signatures on the appeal petition. This constitutes over the 1 which is required for an appeal. Robot' A• vie, Dirac r Department of Administration Planning is Zoning Boards ME&: btu RtSOLWTION NO. A RESOLUTION ORANTINO VARIANCE PROM ORDINANCE 6871, ARTICLE XI, SECTION 2(1), 3(2)(a) AND (3)(a), AND ARTICLE XXIII, SECTION 3(3)(b)1, TO PERMIT REMODELING OE EXISTING BUILDING ON LOTS 11 AND 12, tt,OCX 1, McALLI STEtt TERRACE AND (14 t49), EEINO 2700-10 5, . 13Tt# STREET AS PER PLANS ON PILE, ON A LOT 50' WIDE (60' REOUtRED), AND 5000 SQ, ET IN AREA (6000 Sq. PT. REQUIRED) , WITH A 6.65' SIDE YARD (9' RECiUIRED) f AND �A��A�T'�� ((20' REQUIRED), PROVIDING A 2' WITH A 2.5' HIGH ORNAMENTAL WALL TO THE SOUTH OE THE S.W. 2 7THt AVENUE ENTRANCE ZONED 1Z=4 (RESIDENTIAL OFFICE) . WHEREAS, the Miami Zoning Board at its meeting of January 3, 1977, Item No. 2, following an advertised Hearing, adopted Resolution No, ZB 4-77 by a 5 to 2 vote denying Variance from Ordinance 6871, Article XI, Section 2(1), 3(2)(a) and (3)(a), and Article XXIII, Section 3(3)(b)1, as hereinafter set forth; and WHEREAS, the applicant and owner of the hereinafter described property have taken their appeal to the City Commission; and WHEREAS, this Commission after consideration and due deliber- ation finds that the literal application of the provisions of the ordinance would impair the owner's rights to some reasonable use of the property without the granting of the variance requested. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The application for Variance from Ordinance 6871, Article XI, Section 2(1), 3(2)(a) and (3)(a), and Article XXIII, Section 3(3)(b)1, to permit remodeling of existing building on Lots 11 and 12, Block 3, McAllister Terrace Amd (14-49), being 2700-10 S.W. 13th Street, as per plans on file, on a lot 50' wide (60' required) and 5000 sq. ft. in area (6000 sq, ft. required) with a 6.65' side yard (9' required) and 11' rear yard (20' required) providing a 2' landscaped strip (5' required), with a 2.5' high ornamental wall to the south of the S.W. 27th Avenue entrance; zoned R-C Residenta]. Office, be and the same is hereby granted, PASSED AND ADOPTED this 1977, ATTEST PREPARED AND APPROVED BY: Michel E. Anderson Assistant City Attorney APP�S-� AS TO FORM AND CORRECTNESS: 4e01111110 fi .y eorge City Atto ox, Jr. ey day of