Planning Board Staff Report




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

Hearing Date

July 22, 2009

Meeting Time

7:00 P.M.

File Number


Folio Number



Miami Shores Presbyterian Church, 602 NE 96th Street, Miami Shores FL 33138


Wilda Womer, 602 NE 96th Street, Miami Shores FL 33138


Steven Siebert, 18731 Cassandra Point Lane, Boca Raton FL 33496

Property Address

602 NE 96th Street

Legal Description


Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone




CF-Community Facility

Future Land Use Designation


Existing Use


Comprehensive Plan Consistency


Existing Structure

1-story; N/A bed/N/A bath

Year Built




Special Approvals, Sections 600 & 523:

Site Plan Approval, Façade improvements.

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

July 1, 2009





The applicant is proposing to construct a 20 foot tall entryway and covered walkway on the east side of the church, Park Drive, and a 12 foot tall wing wall extending south from there.  The wing wall is located approximately 1.5 feet from the side lot line.  The required setback is the height of the building.  The existing building is located 1.5 feet from the side lot line at its closest.  The wing wall will not intrude into the side yard farther than the existing building.


The entryway will have a brick façade and the wing all will be stucco with a church bulletin board within an accent detail on the wall.


The applicant will remove the existing canopy and is proposing a new awning in the same location extending 10 feet from the buildings face and approximately 8.5 feet into the right of way.


The applicant is also requesting a Plexiglas roof over the now open utility rooms.


The applicant is also proposing to create a drop off area between two landscaped bump outs.  The drop off area will create an area off the traffic lanes to drop off passengers and will reduce the number of parking spaces that back into traffic.  The drop off area and a crosswalk to the parking area across Park Drive will be differentiated from the street by the use of pavers to define the areas.


The pavers will define an existing mid block crosswalk.  The Police Chief did not express a concern with the configuration.


The Director of Public Works reviewed the plans for a drop off and bump outs in the village right-of-way.




The wing wall does not meet the required setback of 20 feet based on the height of the wing wall.  However, the closest point on the existing building to the side lot line is 1.5 feet the same as the proposed setback for the wing wall.


The zoning code does not recognize Plexiglas as a roofing material.  The proposed use of Plexiglas is not in a usual roof configuration and is used as a cover to protect equipment and to lessen the sound from that equipment.


The entryway and wing wall are attractive features that will create a more formal entryway from the parking area east of Park Drive.


The proposed awning will replace an existing canopy previously approved by the village.  The difference between the two is that an awning is cantilevered from the building and a canopy has supporting structures at the corners.  The awning does not comply with building code provisions.  An awning  may not extend over public property more than two-thirds the distance from the property line to the nearest curb line in front of the building site as measured from the exterior face of the building nor shall any portion be closer than 18 inches to the curb line.  An awning at this location may not extend more than 5 feet from the building face. [Florida Building Code Provisions]


There is an exception where awnings are otherwise regulated by local zoning requirements.  The zoning code does not specifically address awnings that project into the right-of-way and therefore the Florida Building Code would generally apply.  The church received a variance in 1981 to allow the awning in its present location.  Staff recommends that the Board accept the issuance of a previous variance as providing the local zoning regulation however, staff further recommends that the Board approve a 6.5 foot awning projection so that the awning does not project beyond the curb line into the drop off area.


The bump outs and drop off will be located in the village right-of-way.


Staff recommends that the board remove the proposed awning from consideration at this time and that the applicants work with the Building Official to design an awning that will meet Florida Building Code requirements.


The Director of Public Works … The proposed elements in the right-of-way will be bonded and constructed to meet Miami Shores Village specifications.




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)      The awning shall not project beyond the curb line.

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)      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.