†† 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



Angelo Napolitano Trustee, 1521 NW 165 ST MIAMI FL  33169-5600




Michael Morrison

Property Address

9767 NE 13 AVE

Legal Description

EARLETON SHORES PB 43-80 LOTS 7 & 8 BLK 4 LOT SIZE 186.980 X 150 OR 16863-2142 0795 1 OR 16863-2142 0795 00

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; 4 bed/4 bath

Year Built




Special Approvals, Sections 600, 523 & 534:

Site Plan Approval, Article 15. Waterfront Lands .Sec. 534

Development, Dock

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

DERM Approval

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

January 26, 2010





The applicant is proposing to construct a dock into Biscayne Bay.


The dock is located 53 feet from the southerly side lot line and 130 feet from the northerly lot line.


The dock is 4 feet wide and extends 53 feet into Biscayne where it forms an L that adds a 10 foot by 36 foot dock.  Easterly of the dock are 4 mooring piles 56 feet wide and 25 feet long.


The dock will be located 3.1 feet above the median high water level.


With the mooring piers the construction extends 88 feet into Biscayne Bay.




The project extends beyond the D5 triangle.  The area outside the D5 triangle does not have railings to reduce visual obstruction.  All construction is generally to be held to the area within the D5 triangle.  If the project extends outside the D5 triangle DERM generally requires that the applicant secure letters of consent from neighboring properties.  In this case DERM placed the dock in an area that best satisfies DERMís environmental concerns and DERM has not required the agreement of neighbors.  A copy of an email from DERM is provided.


The plans are stamped by DERM and DERM has granted preliminary approval for the plans. The dock will require final DERM review and approval before building permits can be issued by the village.


The board has required reflectors on docks and mooring piles and consistent with previous board decisions, the applicant to provide not less than ten (10) reflectors, one at each mooring pile, one at each corner of the dock and two at the middle of walk.


The proposed site plan is consistent with the technical provisions of the 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 and Zoning 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 secure final DERM approval before a building permit will be issued.

2)      Applicant to obtain a building permit before commencing work.

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

4)      Add not less than ten (10) reflectors, one at each mooring pile, one at each corner of the dock and two at the middle of walk.

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.