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



Columbo Invest LLC, 9215 North Bayshore Drive, Miami Shores FL




Mark Campbell, 373 NE 92nd St., Miami Shores, FL 33138

Property Address

9215 North Bayshore Drive

Legal Description

5 53 42 BAY LURE PB 44-63 LOT 6 BLK 4 LOT SIZE 83.000 X 167 OR 19152-0772 06 2000 1 COC 23767-1207 08 2005 1

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency


Existing Structure

2-story; 4 bed / 3 bath

Year Built




Special site plan review and approval. Renovation to front of residence and conversion of flat roof area to terrace.

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

March 26, 2012





The applicant is proposing to modify the front of the residence to add a second floor door where a window now exists and to add a balcony. The balcony will have a glass railing.


An existing flat roof at the rear of the property is to be converted to a second story terrace with glass railing. New outdoor stairs with glass railing will lead to the second story terrace.


Stucco will be placed over corner detailing on the residence.




The Property is located within the VE 11 Flood Zone.


On March 15, 2012 the new Florida Building Code regulations pertaining to construction in the flood plain came into effect and superseded the Miami Shores Flood Damage Prevention Ordinance except where the Miami Shores FDPO is more restrictive. 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.


Section 534 of the code of ordinances further requires that the site plan shall be reviewed with respect to the three following considerations:


a)      Retention of natural vegetation near the water’s edge.

Currently, the property has a seawall along the water’s edge.  No construction is proposed at the rear of the property.

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

Minimal alteration of the site is proposed.

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

The applicant is not proposing to add fill.


The glass railing is new to Miami Shores and the Board to determine if it is allowed under the current Code. Glass railings are popular on houses and apartment balconies as they block views less than other railing material. The existing glass railing




In acting on a site plan, 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.


Planning and Zoning staff recommends APPROVAL of the site plan is for a front balcony and rear second story terrace 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 front balcony and rear second story terrace.

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

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

4)      Applicant to obtain Department of Health or PERA approval as required.

5)      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.

6)      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.

7)      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:


8)      The glass railing is consistent with the Code and is approved as part of this Development Order.