Planning Board Staff Report

 

PLANNING BOARD HEARING

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

Hearing Date

July 28, 2011

Meeting Time

7:00 P.M.

File Number

PZ-6-11-2011251

Folio Number

11-3206-013-3170

Owner

Patricia Lieber, 137 NE 92nd Street, Miami Shores FL 33138

Applicant

Same

Agent

Wyn Bradley, 8425 Biscayne Blvd # 103, Miami FL 33138

Property Address

137 NE 92nd Street

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 18 & 19 BLK 23 LOT SIZE 100.000 X 128 OR 19801-4275 07 2001 1 OR 27651-4305 1110 11

Property Size-Sq Ft

12,800

Building Adjusted Sq Ft

2,111

Flood Zone

X

 

Zoning

R20

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

2-story; 2 bed/2 bath

Year Built

1928

 

Subject

Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and approval for a garage conversion to a playroom and a library.

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

June 28, 2011

                     

 

Background

 

The applicant is proposing to legalize the detached garage conversion that would create a 240 square foot playroom in a detached garage.  The existing garage structure was build at the time the residence was constructed and is located 5 feet 10 inches from the easterly plot line.

 

The village has undated plans on file that showed a conversion of the easterly half to a work room with bathroom.  The conversion included removing the easterly garage door and closing the opening with a concrete wall and window.  At some point the westerly half of the garage was converted and a kitchen was added.  The garage door was left after the conversion giving the impression that a garage still existed.

 

The property file includes copies of  2 certificates of re-occupancy from 2000 and 2001.  The certificates of re-occupancy identify the residence as “being used for a single-family purposes.”  The certificate goes on to say that the “Certificate does not constitute any representation, warranty or certification as to the condition of the dwelling or other structures on such property.”  Certificates of re-occupancy offer a very limited review of residences.

 

The village has no information as to when the conversion of the westerly half of the garage took place or specifically when the kitchen was added.

 

Analysis

 

The driveway accommodates 2 cars.

 

Applicant to complete a covenant in the form of a “Declaration of Use” assuring the property is used only for a single family purpose, 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 Zoning Code.

 

Recommendation

 

Planning and Zoning staff recommends APPROVAL of the site plan to convert a 240 square foot garage to a playroom 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)      Approval is granted to convert a 240 square foot garage to a bedroom and bathroom.

2)      Applicant to secure necessary DERM or Department of Health approval for the septic system prior to the issuance of a village building permit, if required.

3)      Applicant to obtain all required building permits for work previously undertaken without building permits.

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)      Applicant to complete a covenant in the form of a “Declaration of Use” assuring the property is used only for a single family purpose, 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.

7)      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.