Planning Board Staff Report

 

MIAMI SHORES VILLAGE PLANNING BOARD HEARING

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

Hearing Date

October 13, 2011

Meeting Time

7:00 P.M.

File Number

PZ-8-11-2011259

Folio Number

11-2232-029-0140

Owner

Alex Rodier, 2325 Magnolia Drive, Miami FL

Applicant

Same

Agent

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

Property Address

1009 NE 104th Street

Legal Description

EVENINGSIDE PB 44-53 LOT 15 BLK 1 LOT SIZE SITE VALUE COC 22786-0550 10 2004 1 OR 26774-3651 0209 11

Property Size-Sq Ft

14,525

Building Adjusted Sq Ft

N/A

Flood Zone

AE8

 

Zoning

R20

Future Land Use Designation

Single Family Residential

Existing Use

Vacant

Comprehensive Plan Consistency

Yes

Existing Structure

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

Year Built

N/A

 

Subject

Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval for a new residence.

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, Director of Planning and Zoning

Report Date

October 19, 2011

                     

 

Background

 

The applicant is proposing to construct a new 2 story, 3,720 square foot, 3 bedroom, 4 bathroom residence.  There is a 651 square foot 3 car attached garage at the front of the residence.  A 684 square foot detached office with storage and fifth bathroom is proposed for a location, 15 feet from the residence, 5 feet from the north canal rear yard and 13 feet from the east side plot line..

 

The R20 District requires that residences have an interior space of not less than 20,000 cubic feet. The residence is 60,660 cubic feet.

 

The property is along and south of Biscayne Canal Number C-8 and directly east and adjacent to the Miami Shores Country Club.

 

The residence is a modern design with a flat roof.

The residence has an attached garage facing the front yard to the south and fronting on the cul-de-sac and NE 92nd Street. however the entrance and designed front of the residence faces the west and the Miami Shores Country Club.

 

There is a proposed front driveway 20 to 29 feet in width in the front of the residence.  Driveways can not exceed 20 feet in width.  The additional width is at the widest part of the driveway to allow access to a third parking stall.

 

A 3 foot high masonry wall is proposed for the front yard.

 

Analysis

 

The residence is a modern design with a flat room.  There are no flat roofs in the immediate area of the proposed residence.  The vast majority of roofs on 104th Street are low profile clay barrel tile the remainder are flat white concrete tile on low profile roofs.

 

The residence and accessory structure will be constructed on fill.  The property is in an AE8 flood district (8 Ft NGVD).  The residence and accessory structure will be constructed to (9 ft NGVD).

 

Section 534 of the code of ordinances requires that the site plan shall be reviewed with respect to the three following considerations:

a)      Retention of natural vegetation near the water’s edge.

The plan proposed to construct a 30 foot wide accessory structure 5 feet from the rear plot line.  The remainder of the rear yard is left in vegetation.

b)      Storm drainage that detains the first one inch in natural or filtered structural facilities.  The architect to certify to the village and provide satisfactory proof to the building official that the first one inch of rainfall will be retained onside in natural or filtered structural facilities.

c)      Construction that is sensitive to the floodplain and avoids its filling.

The proposed plan requires filling in the floodplain.

 

Home occupations must be conducted within the primary residence and shall note be conducted in detached buildings.  The detached building may be utilized as a personal office only and may not be utilized in conjunction with any business.

 

The dock and boat lift are not part of this plan and a separate application and board review will be required.

 

The code allows driveways and access aisles to go up to 20 feet in width. The board must make a finding that the 20 to 29 foot wide driveway is permitted or the driveway must be redesigned to meet code requirements.

 

The proposal is not consistent with the technical provisions of the Zoning Code except as noted.

 

Recommendation

 

Condition #5 stipulates that the driveway is not approved as part of this approval.  The board may determine that the driveway is appropriate and amend Condition #5 to permit the driveway.

 

Planning and Zoning staff recommends APPROVAL of the site plan for a new 3,720 square foot 3 bedroom, 4 bathroom residence and for a 684 square foot detached structure with an office, bathroom and storage 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 Articles V and VI of Appendix A Zoning of the Code of Ordinances, 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 for a new 3,720 square foot 3 bedroom, 4 bathroom residence.

2)      Approval is granted for a 684 square foot detached structure with an office, bathroom and storage as shown on the approved plans.

3)      The detached office shall not be used for a home occupation or business of any kind.

4)      A 3 foot high masonry wall is approved for the front yard as part of this approval.

5)      The front driveway is not approved as part of this approval.

6)      The seawall, dock and boat lift are not approved as part of this approval.

7)      The architect to certify to the village and provide satisfactory evidence to the building official that the site provides storm drainage that detains the first one inch in natural or filtered structural facilities prior to the issuance of a building permit.  The applicant is responsible for any site modifications that are or may become necessary to provide storm drainage that detains the first one inch in natural or filtered structural facilities and shall make site modifications as necessary to prevent runoff into neighboring properties.

8)      Construction shall be in full compliance with FEMA regulations and Chapter 8.5 Flood Damage Prevention of the Miami Shores Code of Ordinances.

9)      The residence shall be constructed at not less than the base flood elevation of AE8, the accessory structure shall be constructed at not less than one (1) foot above the base flood elevation.

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

11)  Applicant to obtain all required building permits before beginning work.

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

13)  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.