Planning Board Staff Report




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

Hearing Date

October 21, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



William Jones





Property Address

379 NE 94th Street

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 15-16-17 INC BLK 45 LOT SIZE 150.000 X 128 OR 13173-1317 0187 4 COC 22780-2427 10 2004 1 OR 27213-0790 0310 01

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; 8 bed/5 bath

Year Built




Special Approvals, Sec. 600:

Sec. 523: Site Plan Approval, Sec. 523.1 & Sec. 604: Construction. Accessory structure remodeling.

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

September 24, 2010





The applicant is proposing to remodel the interior of an existing accessory structure. The eating area and family room will serve as a cabana for a future pool.  The eating area is presently configured as a full kitchen under the remodeling plans the stove will be removed.


The applicant is also proposing to expand an existing bedroom and increase the size of a bathroom in the accessory structure.


A garage conversion was approved April 11, 1985.  The garage conversion includes the area presently occupied by the kitchen and family room.


Up to 4 bedrooms may have been present in the westerly section of the accessory structure at the time of the garage conversion.  There is no record to indicate if or when these bedrooms were permitted. There was no hallway at the time and the bedrooms opened to a screen porch.


The original residence was constructed in 1927 however, the original plans do not include the accessory structure.


Plans on file seem to indicate that by the time of the garage conversion or as part of the garage conversion the 4 bedrooms originally identified in the westerly portion of the accessory structure became 2 bedrooms and a laundry room.  The screened porch may have been enclosed at this time.


The applicant is proposing to enlarge 1 existing bedroom and 1 existing bathroom.  The expansion will result in the removal of 1 of the 2 remaining bedrooms.




Septic system must be sized and located to accommodate the new construction.


The structure would no longer be classified as a dwelling-unit once the stove is removed from the kitchen and it becomes an eating area/cabana for the pool under construction.  Combining 2 bedrooms to create an expanded bedroom and bathroom will eliminate 1 bedroom.  The proposed work brings the structure closer to compliance with the Zoning Appendix Contained in the Village Code of Ordinances.




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)      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.