Planning Board Staff Report




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

Hearing Date

May 26, 2011

Meeting Time

7:00 P.M.

File Number


Folio Number



Joann & Neil Hart (Trust)




Mark Campbell, 373 NE 92nd St, Miami Shores FL 33138

Property Address

295 Grand Concourse, Miami Shores FL 33138

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOT 1 BLK 27 LOT SIZE 92.830 X 130 OR 19564-4337 02 2001 5 OR 19564-4337 0201 01

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency


Existing Structure

1-story; 2 bed/2 bath

Year Built




Special Approvals, Sections 600 & 523:

Site Plan Approval, Sec. 523.1 Construction, Garage conversion.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Department of Health or DERM

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

May 9, 2011





The applicant is proposing a garage conversion that would create a 210 square foot exercise room and a 177 square foot laundry room.


The garage door will be removed and replaced with a block wall and window.


The garage will be accessed from the kitchen.  There are no outside entrances to the garage.


The applicant is proposing to locate a new A/C in the required side yard.  There is an existing A/C in the side yard however it is located 33 feet to the south.





The driveway must be cut back 5 feet from the garage entrance.


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 Planning Board approves the location of the proposed A/C in the side yard setback.  Staff generally approves replacement A/C units in the same location as existing units or beside existing units.  The proposed unit is located 33 feet from the existing unit.




Staff recommendation does not include location of the A/C unit in the side yard.


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 meet all applicable code provisions at the time of permitting.

4)      Applicant to create a five (5) foot landscape strip between the converted garage and the driveway.

5)      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.

6)      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.


Should the Planning Board determine that the A/C should be allowed in the proposed location, the following additional condition is recommended:


7)      The A/C unit may be located in the side yard in the location proposed on site plan.