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Home My WebLink AboutR-76-10916 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31. 32 33 34 35 36 M A 9/28/76 RESOLUTION NO. 76-1091 A RESOLUTION API'IRMING THE ZONING EOARD GRANT OE VARIANCE PROM ORDINANCE NO. 6871, ARTICLE X, SECTION 3 (2)(a) AND (3)(a), TO PERMIT CONSTRUCTION OF ADDITION ON EXISTING SINGLE FAMILY RESIDENCE ON LOT 18, BAY BREEZE (7-77) LOCATED AT 2330 N.E. 7TH AVENUE, WITH A SIDE YARD DEPTH OF 5.5' (9' REQUIRED) AND A REAR YARD DEPTH OF 16' (20' REQUIRED); ZONED R-5 (HIGH DENSITY MULTIPLE) DISTRICT CON- DITIONED UPON THE BUILDING DEPARTMENT REQUIRING MARTIN E. DAVIS, OWNER OF THIS PROPERTY, TO CLOSE DOOR OPENING ON NORTH WALL OF THE ADDITION AND CONSTRUCT A NEW INSIDE ACCESS DOOR. WHEREAS, the Miami Zoning Board, at its meeting of September 13, 1976, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 142-76 by a 6 to 1 vote granting a 'variance as hereinafter set forth; and WHEREAS, one of the objectors has taken an appeal to the City Commission; and WHEREAS, the Commission, after careful consideration and due deliberation of this matter finds that due to peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary hardships would impair the owner's right to the reasonable use of the property without the variance granted as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CQMMISSION OF THE CITY OF MIAMI, FLORIDA: ) ITEM NO. Section 1. The Zoning Board grant of variance from Ordinance No. 6871, Article X, Section 3 (2)(a) and (3)(a), to permit construction of addition on existing single family residence on Lot 18, BAY BREEZE (7-77), located at 2330 N.E. 7th Avenue, with a side yard depth of 5.5' (9' required), and a rear yard depth of 16' (20' required); zoned R-5 (High Density Multiple) District, be and the same is hereby affirmed. PASSED AND ADOPTED this 15th day of December 1976. MAURICE A. FERRE Ohs C PREPA '+ D AND APPROVED MICHEL E. ANDERSON, ASST. CITY ATTY. MAYOR APPROVED AS TO FORM AND CORRECTNESS; FRANK H. ATTORNEY WESTON, ACTING CITY CITY COMMJSSFON MEETING OF OE . 51976 M RESOLUTION NO., .. PLANNING FACT SHEET APPLICANT City of Miami Planning Department, October 18, 1976 REQUEST Consideration of revising the Comprehensive Zoning Ordinance #6871 ARTICLE XXX AMENDMENTS by revising the time limits in paragraphs (1) and (2) of Section 8; by adding a new paragraph (3) to Section 8 to exclude the month of .August from time limits; and by amending Section 13 to allow the City Commission to refer an application to the Planning Advisory Board or Zoning Board without the tolling of the 90 day time limit. PLANATION The City Commission has established a policy of hearing Planning Advisory/Zoning Board items at a special meeting, once a month (4th Wednesday). The agenda for this meeting is administratively determined three weeks in advance of the meeting (1st Wednesday). The present time limits call for PAB/ZB recommendations to be filed within 30 days after the PAB/ZB hearing has been scheduled, or lacking a quorum, within 45 days. The recommended revision to Section 8, paragraphs 1 and 2 clarifies and extends this time limit by requiring the PAB/ ZB to file their recommendations with the of City Commission within 60 days after a decision has been reached by the PAB/ZB. Further, a new paragraph 3 (Section 8, ;.,,..::. paragraph 3) is added which exempts the month of August from the tolling of time limits. The last revision pertains to City Commission time limits within which PAB/ZB items must be legislatively decided, dating from receipt by the Commission. The revision would allow the Commission to refer an application back to the PAB/ ZB for further study and to exclude the month of August, without the tolling of the existing 90-day time limits. CKGROUND These items were discussed in the report "Planning and Plan Implementation under the Two Board System" prepared by Dr. Ernest R. Bartley dated July, 1975. These were also discussed at a Joint City Commission/Planning Advisory Board/Zoning Board meeting of February 12, 1976. The City Commission passed a Motion of Intent dated February 12, 1976, to implement certain of these changes, as follows: A MOTION OF INTENT DIRECTING THE CITY OF MIAMI ADMINISTRA- TION TO EFFECT THE FOLLOWING RECOMMENDATIONS OF THE DEPART- MENT OF ADMINISTRATION, PLANNING ADVISORY AND ZONING BOARDS, BASED UPON DR. E. R. BARTLEY'S REPORT OF JULY 16, 1975: Page 1 of 2 aik r4 1) Periodic briefings to update changes, 2) There shall be no City Commission member liaison, rather, liaison to be accomplished by staff member, to be present at all Board and Commission meetings, to communicate, expedite and inform. All conclusions of both Boards are to be summarized On a one or two page sheet expressing both the prevalent view and descending view, as a general synopsis of actions. Tighter or stricter rules regarding absenteeism of Board members based on a "point" system, i.e., licensing system whereby membership may be revoked after a certain number of absences or points. No tolling of time limitations during the 31 day vacation period in August; also, City Commission shall be able to refer an item to an appropriate City department without the tolling of time limita- tions of Article XXX, Section XIII. The Department shall have printed a supply of index cards, (3" x 5") giving each Zoning Classifi- cation and an abbreviated description of standards, to be available to Commission and Board members for speedy reference. °Weyer, the revision to Section 8, paragraphs 1 and 2 is a eparate recommendation from the Planning Department. Article XXX Amendments, Sections 1, 2 and 3 require the Planning Advisory Board to make recommendation on all amendments, other than those prepared by private citizens. RECOMMENDATION -PLANNING Approval DEPARTMENT -PLANNING ADVISORY BOARD Approval, by a 6-0 vote on November 3, 1976. Ol tN " $l' AlkbFACTSHEET_ Athina Caralis, Appellant (Objector) Martin E. Davis, Appellee (Petitioner for Variance) 1 QUEST An appeal to deny a variance granted by the Zoning toartis EXPLANATION Appeal, by an objector, of the granting of a variance by the Miami Zoning Board from Ordinance 6871, ARTICLE X, Section 3 (2) (a) and (3) (a), to permit construction of an addition on an existing single family residence on Lot 18, BAY BREEZE (7-77) being 2330 NE 7th Avenue, with a side yard depth of 5. 5' (9' required) and a rear yard depth of 16' (20' required); zoned R-5 (High Density Multiple). PLANNING DEPARTMENT RECOMMENDATION Approval of addition per plans on file. 71' y ZONING BOARD RECOMMENDATION Granted variance on September 13, 1976, OBJECTORS: 1 Oral�, Written PROPONENTS: Oral Written ..x SITE DESCRIPTION: See attached graphics. CITY COMMISSION ACTION Deferred October 27, 1976, for,: fu3.L Cox x ts�lon (1. member a kT a y PDr11/3/76 DIE ti Ho -re : 5 4 oLa sMtC.44E4 NUMbEIZ Ofs OLIO Ic zel ler rtiL t'S`? rt>5.13 G5 3'20 7,24 • 4, 9 GI CITY OF MIAMI Po...ANnaiNo DEPARTMENT ogTosqR 1976 o:%.a.:u.. M 3 So 25 13 5 4' i -$o 24 0 11461 Nair- 2 3 11 it [2 9 so 2 23 • 7 6 5 0 13 i 5 4 S! S. 6 A 7 8 75 Si 10 125 7 1 0 W 76 ST. s 75 316 17 .t 11.1( alp 21 W '' 23 3 N s 0 8 7' 0 4 22CARUSOSUB So 4 1 RACT 3 B ZW1 MILLS • • .. 21 3 .L. So ORE 155 1 104%1. ISO s2 so 2T v4 ST. R ST. 1 J PARCEL No 2 ' tar i.0-Vr' 7n .r; 0 .. • 7 b S' 4 5 . A 0 6 0 — 14 ZW20 >is cca 73 R'A 7s 5 CE 3 7 73 PARCEL No 1 S T. r 'FlM1'1'7$71" .COI IT I TER. ck w o ,;r _ /� } /.3• s w NO EMBER, 1h16 TO: CITY COMMISSION P%ANIt AN MAINc A0A0 WE THE SIG'1ERS OF THIS PETITION A'.: AT: 2330 N,E, 7th AVE, ntAMI, t)AM, (2 q G V/ • •• IN PAVOR Vt011tbAo DEC 8• Girt OF' 0- &MIN ZATtN to bAttpiaMMEdi 1 Y� P._ �faE80Af',[)S }. '. lei) C . /'' /=- 6 6 'tom" - t.4,11.-, C: 6:..ice • 01.42 r t 4 ' Nrr i cal • '.• 42.4, - • y , t , #/' • "- r • "P" • -7 , • - .',., ' /r." •—• I ji - - 1;42 -,!..*; 1 , _ • • 1, • . • . +Le • r.4 •i ,..,, i i ..4./..,-; 1 :';...7 A74.: ..,?../..L.',.....,'.0-,,,,"... ^••." • .. i ' • - ..., ',,..,4-:, L.4..., i.A.... •...., .,t, ..-^1(.2.7(....-_,Zr. 4f. ,,,f,;..„.7),,i,,,t/.4,'„,,, .i'. . "4 .f ...'4.4.".C44‘ '• '. I "I 4 .. f " if . '4 e ''' 1 ,• = , , . , L I • - I • • „,./i 1).):4:4; , • = - , • , f• 7. r 4 ,4) f - , 4 J.," ti !' • *,•• " • 4 • • • e4,4 Yj.,1 1 Oriora1le City Cdtfi nation AttettiOtt Joseph Rs Graatir City Of Miami, Florida VARIANCE GRANTED BY ZONING APPEALED TO CITY COMMISSION BY A'TNINA CARALIS - AN OBJECTOR 2330 N.E. 7th Avenue Lot 18; BAY BREEZE (7-77) Applicant: Martin E. Davis Geht .etilen The Miami Zoning Board, at its meeting of September 13, 1976, item 6, following an advertised Hearing, adopted Resolution No. ZIP 142-76 by a 6 to 1 vote GRANTING a Variance from Ordinance 6871, ARTICLE X, Section 3(2)(a) and (3)(a), to permit construction of addition on existing single family residence on Lot 18, BAY BREEZE (7-77) being 2330 N.F. 7th Avenue, with a side yard depth of 5.5' (9' required), and a rear yard depth of 16' (20' required); zoned R-5 (High Density Multiple). One objector to this item was present at the meeting. Two objections were received in the mail. A RESOLUTION to provide for this Variance has been prepared by the City Attorney's office and submitted for consideration of the City Commission. Z'.:11. 21 Attached: Minutes cc; Law Department Planning Department_ NOTE: Planning Departc,ryn Tentative City Commi,,s ion data'_.; Sincerely, )71: Robert A. Davis, rector Department of Administration Planning and Zoning Boards • Robert A. Davis, Director Department of AdministratiOn Planning and Zoning cards 3318 Pan American Drive Miami, Florida 33133 bear Mr. Davis: 1 wish to appeal 4+.r.-.4ell to the City commission, the decision of the Zoning Board at their meeting of september 13# 1976, Item 6, on which they granted a variance to permit con- struction of addition to 2330 N. E. 7th Avenue. -rgteraw3 rp•J ‘1 SO 16 108 Ca! F.t.kThl A ' TiPli,r4U;C: PI ZONING BOARD§ et-5f E ,724 i(.- 0")hezt://; Zet 33/37 it 12 13 14 15 16 17 18 19 20 21 27 28 29 30 31 32 33 34 35 3S MEA 9/28/76 RE80Lt1TION NO. _.....w .a.. A RESOLUTION AEEIRMING THE ZONING BOARD GRANT OP VARIANCE FROM ORDINANCE N0. 6871, ARTICLE X, SECTION 3 (2) (a) AND (3) (a) , TO PERMIT CONSTRUCTION OE ADDITION ON EXISTING SINGLE FAMILY RESIDENCE ON LOT 18, BAY BREEZE (7-77) LOCATED AT 2330 N.E. 7TH AVENUE, WITH A SIDE YARD DEPTH OF 5.5' (9' REQUIRED) AND A REAR YARD DEPTH OF 16' (20'REQUIRED); ZONED R-5 (HIGH DENSITY MULTIPLE) DISTRICT. WHEREAS, the Miami Zoning Board, at its meeting of September 13, 1976, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 142-76 by a 6 to 1 vote granting a variance as hereinafter set forth; and WHEREAS, one of the objectors has taken an appeal to the City Commission; and WHEREAS, the Commission, after careful consideration and due deliberation of this matter finds that due to peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary hardships would impair reasonable use of the property without hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Board grant of the the owner's right to the variance granted as variance from Ordinance No. 6871, Article X, Section 3 (2) (a) and (3) (a) , to permit construction of Lddition on existing single family 'residence on Lot 18, BAY BREEZE (7-77), located at 2330 N.E. 7th Avenue, with a side yard depth of 5.5' (9' required), and a rear yard depth of 16' (20' required); zoned R-5 (High Density Multiple) District, be and the same is hereby affirmed. PASSED AND ADOPTED this 1976. ATTEST; CITY CLERK day of MAYOR PREPARED AND APPROVED MICHEL E. ANDERSON, ASST. CITY ATTY. APPROVED AS TO Foam AND CORRECTNESS; • F/k,M4114-04.baZkiit.., RANK H. WESTON, ACTING CITY ATTORNEY 76- 161/ r