Planning Board Staff Report

 


 

PLANNING BOARD HEARING

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

PZ-4-11-2011237

Folio Number

11-3206-014-1410

Owner

NE Presbyterian Church US, 602 NE 96th St, Miami Shores FL 33138

Applicant

David Kinchen, 602 NE 96th St, Miami Shores FL 33138

Agent

None

Property Address

9405 Park Dr, Miami Shores FL 33138

Legal Description

MIAMI SHORES SEC 2 PB 10-37 LOTS 1 TO 10 INC BLK 61 LOT SIZE IRREGULAR

Property Size-Sq Ft

85,167

Building Adjusted Sq Ft

47,457

Flood Zone

X

 

Zoning

CF

Future Land Use Designation

Institutional

Existing Use

Institutional/Religious

Comprehensive Plan Consistency

Yes

Existing Structure

1-story; N/A bed/ N/A bath

Year Built

1958

 

Subject

Special Approvals, Sec. 600: Sec. 523: Sec. 518 (b) : Construction. Fence front yard.

ARTICLE VII. ERRORS AND VARIANCES; Sec. 702 Hardship variances:  Sec 518. Fences walls and hedges. (a) Maximum height.

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

May 9, 2011

                     

 

Background

 

The Miami Shores Presbyterian Church has a day care at this location.

 

The applicant is proposing an 8 foot tall chain link fence the length of the rear plot line along the rail road right-of-way.

 

The applicant is also proposing a 5 foot ornamental metal fence the length of the front plot line along Park Drive and a distance of  60 feet east from the front plot line along the northerly side plot line.

 

The chain link fencing is being requested to provide a safety barrier between the playground and rail road right-of-way.  The ornamental metal fence will provide a safety barrier between the playground and Park Drive.

 

The zoning code allows 5 foot fences in the side and rear yards and 3.5 foot fences in the front yard.  All fences in the front yard must be approved by the Planning Board.

 

The CF district defers to the P District for setbacks.  The P District establishes setbacks, and therefore required yards, as a distance equal to the height of the building.  No building shall be located nearer to any plot line that a distance equal to the height of the building.

 

Analysis

 

The existing building does not meet current setback requirements and is built on the property line.

 

The Planning Board to establish the extent of the front yard for the purpose of determining the area subject to the 3.5 foot fence height limitation.

 

The location of the day care between a rail road right-of-way and Park Dr warrants consideration for increased fence height as a safety matter.

 

The applicant has provided a variance application and a request for site plan application.

 

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

 

The Planning Board may consider one or both applications in rendering their decision.  If the board determines that the application may be handled as site review, no variance will be required.

 

Recommendation

 

Should the Planning Board Approve the Site Plan or Variance to allow the fence and height increase:

 

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 obtain all required building permits before beginning work.

2)      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.