Planning Board Staff Report

 

PLANNING BOARD HEARING

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

Hearing Date

November 10, 2011, tabled from July 28, 2011

Meeting Time

7:00 P.M.

File Number

PZ-6-11-2011252

Folio Number

11-3205-010-0090

Owner

Aurora Loan Services LLC, 10350 Park Meadows Drive, Littleton, CO 80124

Applicant

Same

Agent

Mai VU, PO Box 23028, Tampa, FL 33623

Property Address

1275 NE 94th Street

Legal Description

MIAMI SHORES BAY VIEW PB 40-16 LOT 10 LOT SIZE 75.000 X 125 OR 18677-3640 04 1999 1 COC 25086-3733 10 2006 1 OR 26643-3509 1008 01

Property Size-Sq Ft

9,375

Building Adjusted Sq Ft

2,923

Flood Zone

AE9

 

Zoning

R25

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

2-story; 3 bed/2 bath

Year Built

1938

 

Subject

Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and approval for an open carport conversion to 1 bedroom and 2 baths.

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 a 300 square foot open carport conversion that includes 1 bedroom and 2 bathrooms.

 

Older plans on file show what looks like an open carport.  There are no plans on file or permits that would show the carport was legally enclosed.

 

At some point the now enclosed carport was converted to a bedroom and 2 bathrooms.

 

The conversion will be accessed from the family room.

 

The existing carport is located 9.15 feet from the side plot line.  Older plans on file show the carport 10 feet from the side lot line.  It appears the carport was not constructed at the location shown on the original plans.

 

Analysis

 

The existing 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 provided the board finds that the carport constitutes an existing situation and is not an intrusion into the required side yard.

 

Recommendation

 

Planning and Zoning staff recommends APPROVAL of the site plan to convert a 300 square foot carport to accommodate 1 bedroom and 2 bathrooms 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 300 square foot garage to accommodate 1 bedroom and 2 bathrooms.

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

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.