Planning Board Staff Report




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

Hearing Date

November 12, 2009

Meeting Time

7:00 P.M.

File Number


Folio Number



Arthur Heffernan, 9204 NE 3rd Avenue, Miami Shores 33138





Property Address

9204 NE 3rd Avenue, Miami Shores 33138

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 E35FT OF LOT 15 & LOT 16 BLK 26 LOT SIZE 85.000 X 128 OR 13388-641 0887 1 OR 13388-641 0887 00

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

2-story; 3 bed/2 bath

Year Built




Special Approvals, Sections 600 & 523:

Site Plan Approval, Sidewalk

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

October 20, 2009





The applicant is proposing to construct a 5 foot sidewalk to connect the front porch to the pool area.  The application incorrectly indicates a 4 foot wide sidewalk.  The zoning code made no provision for sidewalks and as a matter of policy the planning department has permitted 3 foot sidewalks or such wider sidewalks that replace existing sidewalks.


The planning board in their site plan review has approved sidewalks wider than 3 feet.




The proposal is not consistent with the technical provisions of the Zoning Code in that sidewalks are not identified as permitted obstructions in the front yard.


Should the planning board find that the 5 foot sidewalk is consistent with the intent of the code and harmonious with the community, planning staff recommends approval of the request.




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

3)      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.