Planning Board Staff Report

 

PLANNING BOARD HEARING

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

Hearing Date

March 24, 2011

Meeting Time

7:00 P.M.

File Number

PZ-2-11-2011227

Folio Number

11-3206-005-0390

Owner

Emile St Fleur, 800 NE 91st Terrace, Miami FL 33138

Applicant

Same

Agent

Fred Benoit, 1175 NE 125th Street, Suite 215, N Miami FL 33161

Property Address

800 NE 91st Terrace

Legal Description

GOLDEN GATE PARK ADDN PB 6-130 LOT 13 BLK 3 LOT SIZE 51.670 X 140 OR 21306-0679 062003 6 COC 25109-4979 11 2006 5 OR 25109-4979 1106 01

Property Size-Sq Ft

7,233.80

Building Adjusted Sq Ft

1,494

Flood Zone

X

 

Zoning

R16.5

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

1-story; 3 bed/2 bath

Year Built

1954

 

Subject

Special Approvals, Sections 600; Sec. 523 & Sec. 523.1:

Site Plan Approval, Sec. 604; Sec. 605: Construction, Addition and garage conversion.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

DERM

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

March 7, 2011

                     

 

Background

 

The applicant converted the garage to habitable space without building permits or board approval and was given a Notice of Violation by Code Enforcement.

 

The applicant is proposing to legalize the conversion of a single stall attached garage with existing bathroom to a third bedroom and family room.  The existing bathroom is to remain.

 

The garage will be accessed through an office and has a door providing access to the side yard.  The office was previously a bedroom and if used as a bedroom again the garage conversion would not have legal internal access from the house.

 

The applicant will remove the existing garage door and close the opening.  Two new parking spaces are proposed at the rear of the residence.

 

Analysis

 

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 board may consider removal of the door accessing the converted garage from the side yard to limit the potential for use of the converted garage in violation of the “Declaration of Use.”

 

The proposal is consistent with the technical provisions of the 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 all required building permits for work already begun or completed.

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

5)      This approval shall not be valid unless the area for which the garage conversion was granted has continuous legal access from within the residence.

6)      Applicant to provide two (2) parking spaces on site and to create a landscape strip of not less than five (5) foot between the converted garage and the new driveway.

7)      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.

8)      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.