Planning Board Staff Report

 

PLANNING BOARD HEARING

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

Hearing Date

January 28, 2010

Meeting Time

7:00 P.M.

File Number

PZ-12-09-2009167

Folio Number

11-2136-021-0930

Owner

Joseph & Marie Milien, 561-563 NW 112th Street, Miami Shores FL 33168-3317

Applicant

Same

Agent

None

Property Address

561-563 112th Street

 

Legal Description

WEST SHORES PB 42-18 LOT 17 BLK 5 LOT SIZE 58.000 X 140 OR 13760-2955 0788 1 FAU 30-2136-021-0930 OR 13760-2955 0788 00

Property Size-Sq Ft

8,120

Building Adjusted Sq Ft

 FORMTEXT      

Flood Zone

X

 

Zoning

RU-2

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

Main: 1-story; 1 bed/1 bath

Acc:   2-story; 3 bed/2 bath

Year Built

1950

 

Subject

Special Approvals, Sections 600 & 523: Miami-Dade Zoning Code applies:

Site Plan Approval, Garage conversion and interior remodeling of second residence on property.

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

December 30, 2009

                         

 

Background

 

The subject property is located in an area annexed to Miami Shores from Unincorporated Miami-Dade County in 2009.

 

Annexed lands retain their existing zoning, in this case Miami-Dade County, until the annexing city, in this case Miami Shores, changes its comprehensive plan to include the annexed land and rezones the property to a Miami Shores zoning district.

 

The subject property was zoned RU-2 under the Miami-Dade County zoning code and retains that designation and zoning code requirements until such time as the land is rezoned by Miami Shores.

 

The Miami-Dade zoning code  permits plots in the RU-2 district to be developed with two single-family structures developed (front to back), with a secondary single-family residence to the rear subject to compliance with all zoning code requirements.

 

The applicant is proposing to remodel the interior and exterior of a secondary residence and convert the existing attached garage to additional living space.

 

The secondary single family residence has two units at present and does not comply with Miami-Dade zoning requirements.  The first floor has a kitchen, 2 bedrooms, 1 bathroom, living room and garage.  The second story has a kitchen, 1 bedroom, 1 bathroom and a living room.

 

The applicant proposed to remove the kitchen from the second floor leaving 1 bedroom, 1 bath and a living room.  The main floor would be remodeled with a new kitchen in the garage space, 2 bedrooms, 1 bathroom and a living room.

 

 

Analysis

 

The property is conforming as to side yards.  Two single-family structures (front to back), with a secondary single-family residence to the rear require side yards of not less than 10% of the property width with a minimum of 5 feet and a maximum requirement of 7.5 feet.  The existing front residence has side yards of approximately 7.5 feet and 6 feet and the existing rear residence has side yards of approximately 7.5 feet and 7 feet.  The required setback is 5.8 feet.

 

The required rear setback for the secondary residential structure is 5 feet, a 16 foot rear setback is provide.

 

The property is conforming as to front yard setback.  A front yard setback of 25 feet is required.  The property has a front yard setback of 29 feet.

 

A separation distance of 10 feet is required between the residential structures, 39 feet is provided.

 

The plot has area for 4 parking spaces on site.  The requirement is 2 parking spaces per unit, for a total of 4 parking spaces for 2 units.

 

Applicant to complete a covenant in the form of a “Declaration of Use,” provided by the Planning Director, assuring the property is used only for one single-family residence and one secondary single-family residence, record the document with the Miami-Dade County Recorder and provide a copy of the recorded document to the Planning Director.

 

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

 

 

Recommendation

 

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

3)      Applicant to obtain building permits for all work carried out before a building permit was secured and bring that work into compliance with applicable codes.

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

5)      Applicant to complete a covenant in the form of a “Declaration of Use,” provided by the Planning Director, assuring the property is used only for one single-family residence and one secondary single-family residence, record the covenant with the Miami-Dade County Recorder and provide the planning director with a copy of the recorded document prior to the final inspection by the Building Official.

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.