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



Tina Portner, 870 NE 92nd Street, Miami Shores FL 33138-2909




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

Property Address

870 NE 92nd Street

Legal Description

GOLDEN GATE PARK ADDN PB 6-130 LOT 5 & W1/2 LOT 4 BLK 2 LOT SIZE 75.000 X 140 OR 10802-692 0180 5 OR 10407-0298 0579 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

1-story; 2 bed/1 bath

Year Built




Special Approvals, Sec. 600: Sec. 523:

Site Plan Approval, Sec. 523.1 & Sec. 604: Construction, addition, open kitchen/cabana, bathroom and bedroom

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 4, 2010





The applicant is proposing to add a new 667 square foot addition to the rear of the residence at the northeast corner.  The addition includes a bedroom and master bath.


Applicant is proposing to add a new 252 square foot flat roof covered patio addition.  The patio addition would include an outdoor kitchen with stovetop, sink and refrigerator.




The design of the proposed addition is unusual in that the bedroom is only accessible through what is identified as bedroom #2 on the site plan.  Mr. Campbell has stated that bedroom #2 is actually an office.  The building official has stated that unless the closet is removed it will be classified as a bedroom.  The Florida Building code does not allow you to access a bedroom through a bedroom.  The only legal access to the proposed bedroom would be from the outside through the proposed bathroom.  This is only permitted if there is no door on the bathroom between the proposed bathroom and proposed bedroom.  The exterior door from the proposed bathroom leads to the pool.


The planning board must determine if an addition that is only legally accessible through an exterior door, is permissible.


The zoning code definition of: Dwelling  means a building occupied for residential purposes and consisting of not more than one housekeeping unit used for cooking, living or sleeping purposes. The word "dwelling" shall be deemed to include dwellings, dwelling units and premises. 


The outdoor kitchen has a grill with stove top burners but no oven.


The design of the new bedroom and master bath that are only legally accessible from the outside warrants the requirement that the applicant provide a covenant in the form of a “Declaration of Use” assuring the property is used only for a single family purpose.




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 meet all applicable code provisions at the time of permitting.

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

4)      There shall be no door permitted between the new bedroom and new bathroom.

5)      An oven is not permitted in the outdoor kitchen.

6)      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.

7)      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.