†† Planning Board Staff Report




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

Hearing Date

January 27, 2011

Meeting Time

7:00 P.M.

File Number


Folio Number



Oscar Del Valle, 128 NE 94th Street, Miami Shores FL 33138


Jorge Lastayo, 375 NW 124th Avenue, Miami FL 33182



Property Address

128 NE 94th Street

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 10-11-12 BLK 22 LOT SIZE 150.000 X 128 CF 74R 265638 COC 23592-0866 07 2005 6 OR 23592-0866 0705 03

Property Size-Sq Ft


Building Adjusted Sq Ft

Existing Residence 3,035

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 Approvals, Sec. 600: Sec. 523:

Site Plan Approval, Sec. 523.1 & Sec. 604: Construction, New residence.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health or DERM

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

January 10. 2011





The applicant is proposing to demolish an existing tow-story residence and construct a new single story residence.  The property consists of 3 platted lots for a total plot area of 19,200 square feet.


The proposed one-family dwelling is described as minimalist/cubist architectural style.  The residence will have a flat roof.


The residence will have 3 bedrooms, 3 bathrooms and an existing detached 2 stall garage. 


The proposed residence is within an R-20 district  and therefore any new residence must have a building cubage of not less than 20,000 cubic feet.  The proposed residence is 59,411 cubic feet in volume.  The proposed residence therefore conforms to the building cubage requirement of the code.  The residence will be 4,322 square feet in area.


The new residence will be on septic system.  There is not indication on the plans of where the septic system will be located.  The septic system for the new residence will require review and approval by Department of Health or DERM at the time of building permit application.


The applicant is proposing a pool that will be reviewed in detail when a building permit is applied for.


A circular driveway in the swale will replace an existing circular driveway there.


The plot is landscaped and additional landscaping is proposed.




The proposed sidewalk is 4 feet in width, 8 feet in the swale.  The normal sidewalk approved in Miami Shores is 3 feet wide.


The plans show a 6 foot high fence from the front face of the residence across to the side yard.  Fences in the side and rear yards can not exceed 5 feet in height.


The driveway at the rear of the residence is an existing situation that accesses an existing  garage that has its access parallel to the rear lot line.


The minimalist/cubist architectural style is not a typical architectural style for Miami Shores or typical for the neighborhood it is to be located in but the architectural style is not unusual in itself.  The existing two story residence will be replaced with a one-story residence in an area of predominately one-story residences.  The other residences on the block are bungalows with low pitched roofs constructed in the 40ís and 60ís.


The applicant must ensure that there is sufficient open land on the site to accommodate the required septic system elements.  The Department of Health or DERM may not approve the building plans if the applicant fails to provide adequate space on-site for a septic system.


The proposed residence meets zoning code requirements for building cubage.


The site landscaping meets Miami-Dade requirements for landscaping.


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




If the Planning Board finds that the proposed residence is harmonious with the community:


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 secure necessary DERM or Department of Health approval for the septic system prior to the issuance of a village building permit.

2)      Fences in the side and rear yards shall not exceed 5 feet in height.

3)      Sidewalk to be not more than 3 feet in width.

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

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

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.