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M-76-0005
• 1 2 12/17/75 3 4 1 RESOLUTION NO. 5 6 7 6 9 10 11 12 13 14 15 16 17 1S e 19 /tj 34 25 26 27 20 29 30 31 32 33 34 35 36 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VI, SECTION 2, TO PERMIT CONSTRUCTION OF NEW DUPLEX RESIDENCE ON LOT 4, BLOCK 1, LINCOLN PARK BUB (6-163), BEING 1175 N.W. 24TH STREET, LOT AREA BEING 3400 SQ. FT. (6000 SQ.FT. REQUIRED)I ZONED R-2 (TWO FAMILY) DISTRICT. WHEREAS, the Miami Zoning Board, at its meeting of December 1, 1975, Item No. 3, following an advertised hearing adopter: Resolution No. ZB 173-75 by a 7 to 0 vote denying a variance from ordinance No. 6871, Article VI, Section 2 as hereinafter set forth: and WHEREAS, the applicant has taken an appeal from the denial of said variance to the City Commissions and WHEREAS, the City Commission, notwithstandin,i the denial by the Zoning Board, and after careful L•onsidt ration cif . this matter, finds that due o ei7tilstatltes affecting' t :.; .i _�r',� ,_y;.•-. 41 di f ficult it r4innecessary • •...wrw'•• er's rigs the r i onabie use he vat'!B7ice granted as hereinafter NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF Tiff' CITY O1- MIAMI, FLORIDA: Ser.-t ion 1. The' r�r.4uc•st for a variance as per Ordinance No. 43871, \rtt le VI, Section 2 to permit construction of new iuplex rc:'sidence on Lot 4, Block 1, LINCOLN PARK SUB ((-163), being 1175 N.W. 24th Street, Lot Area being 3400 sq. ft. (6000 sq.ft. required): zoned R-2 (Two Family) District be, and the sane is hereby granted. PASSED AND ADOPTED this ,,„_;day of , 1976. 4 Honorable City Commission Attention: Mr. P. 4. Andrews City of Miirni , r lori<ia 1o' +E 81oc • A rea nq 3400 s December t D 4Y_ZQ11IN(3 10AD CITY CO*USSION 6'Y St reet V 1: u}" SUB iF -163) Pedro Landers • 1, 197S, Item 03 ut ion No. ZB 173-7S tom Ordinance 6071, ARTICLE VI, .action of new duplex residence on Lot 4, UR (6-163). being 1175 N.w. 24th Street, Lot . ft. (6000 gq.ft. required), zoned R-2 (Two Family). One objection was received in the mail. A RESOLUTION to nrovi,, for this Variance has been prepared by the City Attorney':, office lnd submitted for consideration of the City Commission, Sincerely, rt A. Davis, Acting Director Department of Administration Planning and Zoning Boards cm Z. M. 20 Attached: Minutes cc: Law Department Planning Department NOTE: Planning Department recommendation: "DENIAL*. Tentative City Commission date: January 8, 1976. i ~ ', ' l . . 4111 $Tki. '; „AAAIOC .2 00 r ce , nr, irlinancp (071, 7 Pt(..L• VI, • secretary filed proof of publication of Legal ':oti administered oath to all percnns tentifvinn at thi constr•.1Cticn of new duplex reeiden _a :).•inn 3400 sq. ft. (60f1 sq. ft. Dort! -2 (Two ramily) . Section 2, to 0 on shove site, re!guired) ; CEO o` Hparin(r And g ri n<t. nL\NNXNn :)T:P,tur4r;:.', gi:C r1HI::.:) j','It)".;: " y;.:;:ti►:." u`ctiont.4o- family d well ng on sulminir al lot far exoeei; 7,inimum standards estahli ,hr 1 for lots t,i.ttr.d prior to 14+4f,. '4r . :can: ;,i ri • it, Mr. :)coney? 3r. Chairman, the applicant this evening is requesting a variance, 'rrn' the lot size standards of the ordinance. In this particular r-ase, the ordinance calls fora minimum of 6)00 sq. ft. of platted land. ::owever, i' the lot was platted prior to 1946, and it did have less than 4100 sq. ft., he would be permitted a dingle family dwelling unit. The lot consists apnroximately of 3400 sq. ft. Inasmuch as we are unable to determine a hardship owing to the Rise and shape of the property, the Department is recommending denial. Mr. Jean: iUrie,ht sir, would you state your name and address for the records? :dr. Landers: Yes, my name is Pedro Lanciera, 4701 S. W. 49th Street. I'n here, I know the lot is small and that's why I'm asking for the variance, otherwise I won't be here. The lot is zoned R-2 duplex and I believe all the surroundings are duplexes and cluster houses, townhouses. I believe putting up a build,:nq, a small duplex there, it wouldn't harm anybody and it will get the neighborhood to be in better condition and I don't see why my petition should be denied if it's not a....uh.... :ir. Dean: That's all? Mr. Landera: I cannot say much more at thin point. That's the only thing I'm askinn, you know, to try to understand my situation and we've been under the R-2 zoning and we never had the opportunity to build a duplex there. Now I'm caught in between the small lots and Platted situation. I don't know much about this but I don't think the small duplex that we want to have there will harm the neighborhood or the country. It will increase the appearance of the neighborhood and that :situation ther'. I don't have anything else to say now. ;4r. )ean: Alright. Is anyone in opposition to this application? Anyone in opposition? There being none, we'll close the public hearing and have discussion among Board '{embers. `irs. dare: Could I ask a question, ?ix. Chairman? 'oan: "r1. `darn: lttq: 1 • •. t. :rs,••r:inl on ♦::. rr ,, 1, ,i'. •n th're• now? • ..�n '.,ra : a t . s i vacant lot. .t ,, ! , r,: .1 vacant lot. 4::. lid:: i la: May 1 ask 4 question, sir, you dice h4vea a hoes -15- December 1, 197S Item $ 3 now? Is it unimproved 1 oh this nronorty originally? :ir. Landers: 1 had a home there and it burned. Mrs. Melia: It burned? Mr. Landers: Yes. Mr. Dean: Alright, any other Board Member? Mrs. barn: It's 3400 sq. ft. -- that's the sire right now. What kind of square footage would there be, the apartments themselves, what would be the size of the apartments? Mr. Lander.a: Each fl00 sq. ft. Mrs. Baro: each apartment? Landera: Right, and if this is of any help, 1 already got the Pollution control approval for the two units so I don't think, you know, there'll he any harm on the pollution whatever, any situation harming the public or anybody else. I got my... .ir. Dean: speak into the mike. Alright, any other discussion by Board Members? Mrs. Basila: "ir. Dooney, what would he ordinarily have to have for t duplex lot, what would it be, 6000 sq. ft.? :4r. Donney: Mrs. Basila, yes. The standarls call for a minimum 610)0 sq. ft. lot. It also provides that if the lot was platted prior to 1946 which is a magic date, he must have 4000 sq. ft. he can put on a single family dwelling unit. mr r . T asila : He only has 3400. ;ir. Rooney: 4000 for a duplex, forgive ne. He's 600 sq. ft. below that. Now the intent of that Ordinance, since there is no lot coverage requirements in the Rt-2 zone, would be to assure that there was a maximum amount of open zpace like unto what a 6000 sq. ft. lot would provide. Since he is going up two stories, for all intents and purposes, he is providing adec?uate room for car storage; his yard areas both front, rear and side equal and exceed the Code and, again, the considera- tion here is that they wnuidn't go to two stories. Likewise, he meets the minimum housing standards of 8S0 sq. ft. Mr. Alfonso: Does that mean it's recommendable? Mr. Jooney : 650, excuse me. Mr. Alfonso: IJoes that reran he's recommendable for this type of building? r. Rooney: Are you askin�� w or not the !)epart?ent i. Qiving a recommendation on this? 'tr. hlfonsn; :.n, no, nn. I am aware of t:. :.lec,artment'it rAreemenJation, i *. fr-'T oir professional point of view. is this an .+cc-epta?I1e t•'„ t! Forget about the lot requirements. Is this Corr' +r ::,;•. wi n tht.' netyai,orhood? gives sir. At. Rooney; I would say it's compatible with the neigh Mr. Alfonso: Thank you. -16- 1975 Its 43 Al. wan: Now, any f ort'i' T d i scui fun by board 14,mi'c'r 11 s` Alright, beim1 none, Chair ii ready for motion. nirioht, n11 Al UM!, a motion. :.nvely lames? Attractive +n? :tr. Silverman: '1r. Chairman? 'Ir. Dean: Mr. rilvorman7 Mr. Silverman: 'tr. Chairman, I think the lot's too small. I'm going to move to deny. fr. Dean: ,\lrioht, ycu've heard the motion by Mr. Silverman. Is there a second? Ars. Dario: t do. Ir. Dean: Alright, secr,n led by Mrs. Daro. Other discussion? Ueing none, call the roll. Mr. Ravi,: The ''otion is to deny. .one ©L jection was receive') in the mail. ir. Silverman offered the following resolution and moved its adoption: gcsoLUTION NO. 2D-17 3-7S m:su .uTIoN TO )DENY VARIANCE FRO?! ORDINANCE 6871, APTICLE VI, SECTION 2, TO PERMIT CoNsThUcTION OF NEW DUPLEX RESIDENCE ON LOT 4, BLOCK 1, LINCOLN PARK SUB (6-1+63) , KINc 1175 N. W. 24T1i STREET, 1.T AREA BEING 34)) SQ. t'T. (6111 SQ. FT. REQUIRED) ; 7,t)JED R-2 (TWO FAMILY). Upon being seconded by Mrs. i3aro, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Gott, Johnson, Silverman, Dean. Imes. Uaro, Dasila. NAYS: None. .sir. . )ay. : Unanimous. e•i,^,., f' f -hair an, are you going to advise him that •or Die n? louring to gay if one of you... vivo -,e a call at 71. office tomorr '1r. Landna: okay. •17- T`.feT <:1t._ ., hr.in * i7. Px,1 1:'. .t • 'a3° . 1975 item N1