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



Dirk and Lisa Peterson, 1350 NE 101st Street, Miami Shores, FL




Victor Bruce, 370 NE 101st Street, Miami Shores, FL

Property Address

1350 NE 101st Street

Legal Description

5 53 42 M SHORES BAY PK ESTS PB 55-83 LOT 2 BLK 1 LOT SIZE 93.170 X 158 OR 20247-0593 03 2002 1 OR 27946-3238 1111 01

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

1-story; 3 bed / 2 bath

Year Built




Special site plan review and approval. Addition.

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

March 26, 2012





The applicant is proposing to construct a 180 square foot addition to the front of the residence to add a bedroom and bathroom.


A 230 square foot entrance will be added to the front of the entrance.


An addition at the rear of the property that was constructed without permits by a previous owner will be removed and French doors facing the bay will be added to the master bedroom.




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15, 2012 the new Florida Building Code regulations pertaining to construction in the flood plain came into effect and superseded the Miami Shores Flood Damage Prevention Ordinance except where the Miami Shores FDPO is more restrictive.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 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 except for demolition of part of the building and installation of French doors.

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

Architect shall certify to the building official that storm drainage that detains the first one inch in natural or filtered structural facilities will be provided on site.

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

The applicant proposes minimal filling.




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 for a 410 square foot bedroom, bathroom and entry way addition 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 410 square foot bedroom, bathroom and entry way addition.

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)      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)      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.