Planning Board Staff Report

 

MIAMI SHORES VILLAGE PLANNING BOARD HEARING

Miami Shores Village Town Hall  Council Chambers  10050 NE 2nd Avenue  Miami Shores

Hearing Date

January 26, 2012

Meeting Time

7:00 P.M.

File Number

PZ-12-11-2011271

Folio Number

11-3205-015-0010

Owner

April Malmsteen, 1009 NE 94th St, Miami Shores FL

Applicant

Same

Agent

Robert Stok, Esq.

Property Address

1009 NE 94th Street

Legal Description

BELVEDERE PARK PB 16-71 LOT 1 LESS BEG SE COR NWLY 49.3FT SWLY58.6FT ELY76.58FT BLK 1 TO POB & ALL OF LOTS 2 THRU 7 LOT SIZE SITE VALUE OR 20753-3796/21654-1315 1002 5

Property Size-Sq Ft

48,412

Building Adjusted Sq Ft

4,166

Flood Zone

X

 

Zoning

R25

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

2-story; 5 bed / 3 bath

Year Built

1939

 

Subject

Pursuant to Articles VII of Appendix A Zoning, Errors and Variances;  Sec. 702 Hardship variances:  Sec 518. Fences walls and hedges.

(a) Maximum height:

Variance to allow gate exceeding 5 ft. height limitation and solid metal fence.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

     

Staff Report

David A. Dacquisto, Director of Planning and Zoning

Report Date

January 4, 2012

                     

 

Background

 

The applicant obtained a building permit to construct a 5 foot high ornamental metal fence in January 2007.

 

The applicant constructed a 6.3 foot arched ornamental metal side gate with solid metal plate behind the pickets. The building official failed the final inspection because the fence that was build did not match the fence permitted.

 

The applicant is requesting a 1.3 foot variance to the 5 foot height limitation for fences and gates in the side yard.

 

 

Analysis

 

The installed gate at 6.3 feet exceeds the 5 foot height limitation by approximately 1.3 feet.

 

The village does not permit solid metal fences.

 

The existing fence is approximately 4 feet in height.

 

The existing hedge is approximately 12 feet in height in the front and side yards.

 

Pursuant to Sec 702. Hardship variances, of the Miami Shores Village Code of Ordinances, Appendix A, the applicant must provide sufficient evidence to support a finding by the Planning Board that the variance requested meets all four (4) of the required criteria to grant a variance:

 

Variance Criteria

 

(a)                  The alleged peculiar and unusual conditions affecting the property.

(b)                  The alleged reasons why such conditions make it impossible strictly to apply specified provisions of this ordinance to the property.

(c)                  The variance in such strict application that the applicant believes to be necessary in order to enable him to make a reasonable use of the property.

(d)                 The reasons why the applicant is of the opinion that such variance would be in harmony with the intent and purpose of this ordinance, would not be detrimental to the existing use or prospective development of property in the vicinity, and would not give to the applicant an advantage with respect to the use of his property that is not enjoyed by the owners of similarly situated property.

 

The applicant has responded in the application to the criteria upon which the Planning and Zoning Board will consider the application.

 

Staff reviewed the applicant’s response to the four (4) criteria and Staff finds that the application has not met all four (4) of the required criteria to grant a variance:

 

(a)                  There are no peculiar or unusual conditions affecting the property. The applicants response to the variance criteria is based on the person rather than the property.

(b)                  There are no peculiar or unusual conditions that would make it impossible to apply the height limitation to a gate on this property.

(c)                  The applicant has reasonable use of the property including a single family residence.  The applicant may install a 5 foot gate.

(d)                 The granting of the request would grant the applicant a privilege not enjoyed by owners of similarly situated property.

 

 

Recommendation

 

Planning and Zoning staff recommend to the Planning Board DENIAL of the variance with a finding that the applicant has not met all four (4) of the required criteria to grant the requested variance as required in the Code of Ordinances, Article VII. Errors and Variances, Sec. 702 Hardship variances.

 

However, if the Planning Board finds that the applicant has provided sufficient evidence to support a finding that the application has met all four (4) of the required criteria to grant a variance under Section 702 of the Code of Ordinances and votes to approve the application, staff recommends the following conditions:

 

1)      The applicant may install a 6.3 foot high gate in the front yard.

2)      Applicant to obtain all required building permits for work previously undertaken without building permits.

3)      Applicant to obtain all required building permits.

4)      Applicant to comply with all applicable code provisions at the time of permitting.

5)      This variance is valid for a period of one (1) year from the date of approval.  Building permits must be secured and work started within that time or a new variance will be required before work can commence.