áá Planning Board Staff Report




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

Hearing Date

February 25, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



Gary M Green , 245 NE 93 Street, Miami Shores FL




Jose Oviedo, 9416 Carlyle Avenue, Surfside FL 33154

Property Address

245 NE 93 Street, Miami Shores FL

Legal Description

1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10-70 LOT 12 & BEG AT SW COR LOT 13 N 127.52FT E4.52FT SE140.69FT W 63.56FT TO POB BLK 27 LOT SIZE 94.080 X 128

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; 3 bed/2 bath

Year Built




Special Approvals, Sections 600 & 523:

Site Plan Approval, Sec. 523.1 Construction, Balcony.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits


Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

January 26, 2010





The applicant is proposing to add a balcony to the front of the residence. The residence fronts on  NE 93rd Street and is located 25 feet from the front lot line.  The balcony will replace an existing overhang to create a 4 foot deep by 40 foot wide concrete balcony. There is 10 feet of clearance under the balcony. An existing bedroom window will be removed to accommodate a new French door to access the balcony.







The zoning code states:


Sec. 509.  [Projection of canopies, open balconies, etc.]

Canopies, open balconies, pivoted or casement sash, cornices, eaves and similar architectural features may project:

(a)    Not more than 48 inches into any front yard when not less than eight feet of clear headroom is provided under such projection.

(b)   Not more than 36 inches into any side or rear yard when not less than seven feet of clear headroom is provided under such projection.


A balcony may extend into the front yard a distance not to exceed 4 feet as long as not less than 8 feet of headroom is provided under the balcony.  There is approximately 10 feet of clearance under the balcony.


The design is well integrated into the fašade of the residence.


The site is landscaped and meets Miami-Dade requirements for landscaping.


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




Planning and Zoning staff recommends APPROVAL of the site plan 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 Section 523 of the Code 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)      Applicant to obtain all required building permits before beginning work.

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

3)      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.