Planning Board Staff Report




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

Hearing Date

November 18, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



MSVC, LLC, 2310 Hollywood Blvd, Hollywood FL 33020


Miami Independent Learners, LLC, C/O Ana Olaya, 1077 N Bayshore Drive, Miami FL 33161



Property Address

9472 NE 2nd Avenue


Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 1-2-3-4- & 5 BLK 21 LOT SIZE IRREGULAR OR 22502-2791-2814 THRU 2819 0704 OR 22502-2787 0704 01

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Restricted Commercial

Existing Use

Commercial, Mixed Use

Comprehensive Plan Consistency


Existing Structure

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

Year Built




Special Approvals, Sec. 600:

 Sec. 523.: Article IV Schedule of Regulations: Change of use; Tutoring.

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

November 3, 2010





Applicant is proposing to operate a math and reading tutoring center.


The business is proposed to operate 2 afternoons per week with the remainder of the time devoted to administrative work.


The business will have 1 to 2 full time employees and 4 to 6 part time employees.  The application does not state the number of students served however the site plan shows approximately 28 student work stations.


The center is approximately 1,250 square feet in area.




The space is credited with 5 parking spaces.  The previous use was retail.


The B1 zoning district allows Personal Care Operations including child care and Office Operations.  Schools are not permitted in the B-1 however, the proposed use would not be classified as a school by definition.


The zoning code does not have a specific classification for businesses such as this.


If classified as a school for parking purposes only, the space would require 1 space per classroom plus 1 space for students.  No parking is required for teachers.


If classified as a day care.  Day care would require 8 to 11 parking spaces.


If classified as office, the use would require 5 parking spaces, the same as the previous use.


Staff recommends that no additional parking be required.




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)      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.