Planning Board Staff Report




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

Hearing Date

April 26, 2012

Meeting Time

7:00 P.M.

File Number


Folio Number



Rubin Matz, 714 NE 59th Street, Miami FL 33137


Jose Arencibia, Optima Medical Center, 15476 NW 77th Ct, Ste 292, Miami, FL 33016



Property Address

Building Address: 9710 NE 2nd Avenue

Unit Address:        9700 NE 2nd Avenue

Legal Description

1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 3-4 & 5 BLK 18 LOT SIZE 150 X 130 OR 23462-2095 06 2005 1 OR 23462-2095 0605 00

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

General Commercial

Existing Use


Comprehensive Plan Consistency


Existing Structure

1-story; N/A bed / N/A bath

Year Built




Special site plan review and approval. Change of use office to medical: Hardship variances:  Sec. 521. Required off-street parking.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health or PERA

Staff Report

David A. Dacquisto, Director of Planning and Zoning

Report Date

April 4, 2012





The applicant is requesting a change of use and a variance to parking.


Change of use


The applicant is proposing a change of use from general office to a 2,350 square foot medical office.


The applicant currently operates 2 medical centers in Miami Gardens and Homestead.


Office hours are 9am to 5pm Monday through Friday.


Applicant proposes to provide transportation for its clients.


The office will have 1 front desk/records person, 1 medical assistant, 1 office manager, 1 driver and 1 physician.




The applicant is requesting a hardship variance to reduce the number of code-required off-street parking spaces for medical offices from 2 to 0 parking spaces.


Parking Requirement (rounded up):

1 parking space / 250 square feet of general office use (2,350 sq. ft.) = 10 required parking spaces

1 parking space / 200 square feet of medical office use (2,350 sq. ft.) = 12 required parking spaces


The proposed use requires more parking than the previous use and therefore the applicant must provide parking equal to the difference or in this case 2 parking spaces.




Change of use


A change of use from general office to medical use is permitted in the B-1 district with the approval of the Planning Board. The proposed use requires 2 new parking spaces.


The applicant is proposing to provide transportation for its clients. No off-street drop off is provided on site


No parking is permitted along the southbound curb lane on NE 2nd Avenue between 7:00am and 9:00am. No stopping is permitted at any time at the corners of 98th Street and 97th Street including the area in front of the proposed medical office. Stopping of vehicles in the middle of the block along the southbound curb lane of NE 2nd Avenue to drop off patients would create an unsafe situation between 7:00am and 9:00am as the curb lane is designated a travel lane at that time.




The proposed change of use requires that the applicant provide 2 parking spaces. The applicant has applied for a hardship variance for 2 parking spaces.


The building has 7 parking spaces; a new building of 13,544 square feet would require 56 parking spaces based on retail or general office parking only.


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. There are other buildings with little or no parking and any use that does not require additional parking and that is permitted within the B-1 district may locate in the subject building.

(b)                  There are no peculiar or unusual conditions affecting the property where such conditions make it impossible to strictly apply specified provisions of this ordinance to the property except that no use requiring more parking than the previous use may locate in the building without providing the additional parking.

(c)                  The building owner has reasonable use of the property and may rent to any business not requiring additional parking that is permitted in the B-1 district.

(d)                 The granting of the request would grant the applicant a privilege not enjoyed by owners of similarly situated property as no variance to parking has been granted for B-1 businesses on NE 2nd Avenue.


The board may make a finding that no additional parking is required based on the facts presented and find that a variance is not required.




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 is granted a parking variance of two (2) parking spaces.

2)      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.


Provided that the Planning Board approves a parking variance or finds that a parking variance is not required, the following recommendation shall apply:


In acting on a change of use or site plan, the Planning Board must make a finding that the proposed improvements and proposed change of use 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.


Planning and Zoning staff recommends APPROVAL of the change of use and site plan to convert a general office to medical office with a finding that it is consistent with the technical provisions of the Code.


Should the board find that the applicant merits approval, staff recommends that the following conditions apply:


1)      Approval is granted for a 2,350 medical office.

2)      No patient drop-off of any kind involving the parking, standing or stopping of vehicles is to be permitted along the southbound lanes of NE 2nd Avenue between the hours of 7:00am and 9:00am.

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

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

5)      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.