Planning Board Staff Report

 

PLANNING BOARD HEARING

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

Hearing Date

June 23, 2011

Meeting Time

7:00 P.M.

File Number

PZ-5-11-2011239

Folio Number

11-3101-015-0070

Owner

Ismael Garcia, 9426 NW 2nd Place, Miami Shores, FL 33150

Applicant

None

Agent

None

Property Address

9426 NW 2nd Place

Legal Description

ODELL MANORS PB 41-57 LOT 7 BLK 1 LOT SIZE 75.000 X 109 OR 18504-4102 02 1999 1 OR 18504-4102 0299 00

Property Size-Sq Ft

8,175

Building Adjusted Sq Ft

1,538

Flood Zone

X

 

Zoning

R14.5

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

1-story; 3 bed/1 bath

Year Built

1940

 

Subject

Article VII. Errors and Variances; Sec. 702 Hardship variances:  Sec 523.1 Construction (h) [Flat roofs.] (i) Metal, fabric roofs.]

Variance to allow flat metal roof exceeding limitations.

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 9, 2011

                     

 

Background

 

The applicant is requesting a 196 square foot variance to permit a flat metal roof addition to be attached to the rear of the residence.  Flat metal roof additions are limited to 300 square feet in area.

 

Analysis

 

The applicant constructed a 496 square foot open flat metal roof addition attached to the rear of the residence without permits.

 

Pursuant to Sec 702. Hardship variances, of the Miami Shores Village Code of Ordinances, Appendix A, the applicant must provide sufficient evidence to support a finding by the Planning Board that the variance requested meets all four (4) of the required criteria to grant a variance:

 

Variance Criteria

 

(a)                    The alleged peculiar and unusual conditions affecting the property.

(b)                   The alleged reasons why such conditions make it impossible strictly to apply specified provisions of this ordinance to the property.

(c)                    The variance in such strict application that the applicant believes to be necessary in order to enable him to make a reasonable use of the property.

(d)                   The reasons why the applicant is of the opinion that such variance would be in harmony with the intent and purpose of this ordinance, would not be detrimental to the existing use or prospective development of property in the vicinity, and would not give to the applicant an advantage with respect to the use of his property that is not enjoyed by the owners of similarly situated property.

 

The applicant has responded in the application to the criteria upon which the Planning and Zoning Board will consider the application.

 

Staff reviewed the applicants response to the four (4) criteria and Staff finds that the application has not met all four (4) of the required criteria to grant a variance:

 

(a)                  There are no peculiar or unusual conditions affecting the property.

(b)                  The applicant is permitted an open 300 square foot flat metal roof addition.

(c)                  The applicant has use of the property as a residence and may have an open 300 square foot flat metal roof addition.

(d)                  Other home owners have complied with the 300 square foot limitation.

 

Recommendation

 

Planning and Zoning staff recommend to the Planning Board DENIAL of the variance with a finding that the applicant has not met all four (4) of the required criteria to grant the requested variance as required in the Code of Ordinances, Article VII. Errors and Variances; Sec. 702 Hardship variances.

 

However, if the Planning Board finds that the applicant has provided sufficient evidence to support a finding that the application has met all four (4) of the required criteria to grant a variance under Section 702 of the Code of Ordinances and votes to approve the application, staff recommends the following conditions:

 

1)      The applicant may install a 496 square foot metal flat roof addition.

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

3)      Applicant to obtain all required building permits.

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

5)      This variance is valid for a period of one (1) year from the date of approval.  Building permits must be secured and work started within that time or a new variance will be required before work can commence.