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

February 23, 2012

Meeting Time

7:00 P.M.

File Number

PZ-1-12-20120

Folio Number

11-3205-009-0500

Owner

Bagon 3850 LLC, 20900 NE 30th Avenue Ste. 200, Aventura, FL 33180

Applicant

Oscar Goncalves, 20900 NE 30th Avenue Ste. 200, Aventura, FL 33180

Agent

Claudio Salazar, 79 SW 12th Street Apt 3507, Miami FL 33130

Property Address

9839 NE 13 AVE

Legal Description

EARLETON SHORES PB 43-80 LOT 5 BLK 4 LOT SIZE 93.490 X 150 OR 15183-1120 0891 4 OR 15183-1120 0891 01

Property Size-Sq Ft

14,023

Building Adjusted Sq Ft

4,024

Flood Zone

VE11

 

Zoning

R-35

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

1-story; 4 bed / 4 bath

Year Built

1952

 

Subject

Pursuant to Articles IV, V and VI of Appendix A Zoning, Special Site plan review and approval. Exterior alteration to residence.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health or DERM

Staff Report

David A. Dacquisto, Director of Planning and Zoning

Report Date

January 25, 2012

                     

 

Background

 

The applicant is proposing changes to the residence and site.

 

1.      The applicant has a garage at the front of the residence and proposes to realign the entrance. The applicant will close an existing garage door that faces the side lot line and place a garage door in the side of the garage that faces the front lot line with a driveway that aligns directly with the front street.

 

2.      The residence is L-shaped creating a courtyard and the applicant is proposing to locate a patio there of approximately 600 square feet, south of the garage and west of the residence.

 

3.      The applicant is proposing a 5 foot high metal post and cable fence at the front and side of the residence running parallel to the front of the garage and between side plot lines.

 

4.      The applicant is proposing to construct a pool and a 14 foot long and 38 foot wide wood deck in the rear yard. A pool deck may be constructed to within 5 feet of the rear lot line.

 

5.      The applicant is proposing to add exterior entrances and 4 foot wide steps to 1 bedroom, from 1 bedroom bathroom and from the dining room.

 

Analysis

 

On March 15, 2012 the new Florida Building Code regulations pertaining to construction in the flood plain will come into effect and will supersede the Miami Shores Flood Damage Prevention Ordinance. Some or all of the proposed development may be affected by the changes to the Florida Building Code and any approval granted by the Planning Board is subject to compliance with all regulations in effect at the time of permitting.

 

1.      The realignment of the garage will create a better alignment of the garage entrance to the street, reduce the amount of pavement in the front and side yards, and is consistent with the zoning code.

 

2.      The front patio is located in an area previously occupied by the driveway.

 

Sec. 248. - Yard

An open space of uniform width or depth on the same plot with a building or a group of buildings, which open space lies between the building or group of buildings and the nearest plot line and is unoccupied and unobstructed from the ground upward except for certain features specified in Article V.

 

Sec. 249. – Yard, front.

A yard extending across the full width of the plot and lying between the rear line of the plot and the building or group of buildings

 

Based on an interpretation of the zoning code, the patio is located in the side yard and not within the front yard and therefore is consistent with the zoning code

 

3.      The applicant is proposing a 5 foot high metal post and cable fence at the front and side of the residence running parallel to the front of the garage and between side plot lines. Neither the metal pipe nor metal cable is listed permitted building materials for fences. Approval for the proposed fence is contingent on the board making a finding that the metal pipe and metal cable fence is an ornamental fence that is allowed by the zoning code.

 

4.      The proposed pool meets setbacks. The 12 foot wide by 9 foot long feature meets the requirements of the building code to be classified as a “pool.” The setback for a pool deck is 5 feet from the rear plot line. The setback for an attached deck is 15 feet from the rear plot line if not associated with a “pool.” The property is in the VE11 velocity zone and detached decks are not permitted. The rear deck must be attached to the residence or is subject to FEMA regulations that require the deck to be elevated out of the flood plain.

 

5.      The applicant is proposing to add exterior entrances and 4 foot wide steps from 1 bedroom, from 1 bedroom bathroom and from the dining room. Steps may extend up to 4 feet into the side yard, Sec. 512.

 

6.      The A/C pad cannot be located within 10 feet of the side lot line.

 

7.      Sec. 534. – [Development.]

Any new development on land adjacent to Biscayne Bay, Biscayne Canal or other tributaries of the bay shall be subject to special approval under Article VI of this ordinance. The site plans shall be reviewed with respect to:

(a) Retention of natural vegetation near the water's edge;

(b) Storm drainage that detains the first one inch in natural or filtered structural facilities; and

(c) Construction that is sensitive to the floodplain and avoids its filling

 

Over 50 percent of the rear yard is retained in natural vegetation.

 

The applicant to verify that storm drainage detains the first one inch in natural or filtered structural facilities.

 

Construction of the pool and deck will involve fill.

 

The site is well landscaped and new landscaping will be added.

 

The proposal is consistent with the technical provisions of the Zoning Code except as noted.

 

 

Recommendation

 

Approval of Item #2 above, the front patio is contingent on the Planning Board agreeing with the interpretation of the Planning Director that the patio is not located within the front yard.

 

Approval of Item #3 above, the fence is contingent on the Planning Board agreeing with the interpretation of the Planning Director that the fence is not located within the front yard for the purpose of determining height limitations and must further make a finding that the proposed fence is an ornamental fence that is allowable under the zoning code.

 

Planning and Zoning staff recommends APPROVAL of the site plan for a new 3,720 square foot 3 bedroom, 4 bathroom residence and for a 684 square foot detached structure with an office, bathroom and storage with a finding that it is consistent with the technical provisions of the Code.  However, the Planning Board must make a finding that the proposed improvements are harmonious with the community, as required in Articles V and VI of Appendix A Zoning of the Code of Ordinances, and, in that regard, may add further conditions or delete or modify staff recommended conditions, deny the application, or continue the item for future consideration.  Should the board find that the applicant merits approval, staff recommends that the following conditions apply:

 

1)      Approval is granted to realign an existing garage to provide a front garage door and driveway that leads directly to the street.

2)      Approval is granted for a pool and pool deck in the rear yard.

3)      The front driveway is approved as part of this approval.

4)      The architect to certify to the village and provide satisfactory evidence to the building official that the site provides storm drainage that detains the first one inch in natural or filtered structural facilities prior to the issuance of a building permit.  The applicant is responsible for any site modifications that are or may become necessary to provide storm drainage that detains the first one inch in natural or filtered structural facilities and shall make site modifications as necessary to prevent runoff into neighboring properties.

5)      Construction shall be in full compliance with FEMA regulations, Chapter 8.5 Flood Damage Prevention of the Miami Shores Code of Ordinances and the Florida Building Code, whichever is stricter.

6)      Applicant to secure necessary PERA or Department of Health approval for the septic system prior to the issuance of a village building permit

7)      Applicant to obtain all required building permits before beginning work.

8)      Applicant to meet all applicable code provisions at the time of permitting.

9)      This zoning permit will lapse and become invalid unless the work for which it was approved is started within one (1) year of the signing of the development order by the board chair, or if the work authorized by it is suspended or abandoned for a period of at least one (1) year.

 

The Board may choose to add the following conditions:

 

10)  The patio is located in the side yard and is approved as to appearance and location.

11)  The fence is located in the side yard and is approved as an ornamental metal fence.