Planning Board Staff Report

 


 

PLANNING BOARD HEARING

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

Hearing Date

September 22, 2011

Meeting Time

7:00 P.M.

File Number

PZ-8-11-2011257

Folio Number

11-2232-028-0090

Owner

Veronique Sfara, 1080 NE 105th Street, Miami Shores FL 33138

Applicant

David Morton, 4444 SW 71st Avenue #103, Miami FL 33155

Agent

Same

Property Address

1080 NE 105th Street

 

Legal Description

MIAMI SHORES ESTATES PB 47-58 LOT 9 BLK 1 LOT SIZE 75.000 X 150 COC 24270-2538 05 2005 5 OR 26918-3542 0509 30

Property Size-Sq Ft

11,250

Building Adjusted Sq Ft

2,304

Flood Zone

AE8

 

Zoning

R20

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

1-story; 3 bed/2 bath

Year Built

1954

 

Subject

Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review, site plan modification and approval, to add an addition to the first floor with 1 bath and closet at the front of the residence, and for waterfront development of a deck.

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

August 18, 2011

                     

 

Background

 

The applicant is proposing substantial improvement to an existing residence located on the Biscayne Canal Number C-8.

 

The applicant received approval from the Planning Board at their meeting of July 28, 2011 to increase the footprint of the residence with an addition to the front of the residence on fill and to add a second story.

 

The applicant proposes to modify the approved site plan to include an addition to the front of the residence that will add a bathroom and closet.  The addition extends 8 feet into the front yard and is 22 feet wide for an addition of 175 square feet.

 

The residence is in an AE8 flood zone.  The National Geodetic Vertical Datum of 1929 (NGVD) at grade is 4 .4 feet.  The finished floor must be at not less than NGVD 8 feet to comply with AE8 flood zone requirements.  The NGVD measures the elevation above or below the mean sea level.

 

The project includes a raised wood deck in the rear yard.  The proposed wood deck is located within the 5 foot rear yard setback.  The location on a canal makes it appropriate for the board to consider allowing the wood deck to access the boat davits, however the board may consider shortening the width of the wood deck.  The deck is located across the property line in an area controlled by DERM.  The board can not authorize the deck to extend beyond the property boundary as the village authority ends there.  The applicant will require DERM approval for that portion of the wood deck in the area regulated by DERM.

 

Analysis

 

DERM approval is required for the septic system.

 

The system is a mound system and must be designed in such a way that water is free to flow away from the residence and so that water is not retained ponding between the residence and mound system.  At the same time, water and runoff must be retained on site and the site designed in such a manner that water does not flow into neighboring properties, city or county properties.

 

The stairs in the easterly side lot line located between the residence and septic system create an impediment to the free flow or water around the house and may contribute to ponding.  The stairs must be eliminated or designed in such a way that water may flow around the building.

 

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.

Currently, the property has a seawall along the waters edge.  A raised wood deck is proposed landward of the seawall to replace a concrete walkway.  A portion of the rear yard is to remain vegetated and the wood deck will allow better drainage than the existing concreter walkway.

b)      Storm drainage that detains the first one inch in natural or filtered structural facilities.  The wood deck will not adversely affect drainage and a portion of the rear yard is to remain vegetated.  The installation of the pool deck and expansion of the residence will add to the total area of the site that is hard surfaced.  The architect to certify to the building official that the site provides storm drainage that detains the first one inch in natural or filtered structural facilities.  Architect shall also certify to the building official that water may freely flow around and away from the residence and will not pond on side or flow to the neighboring properties, county or village properties.

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

The applicant proposes to add fill to the property to raise the residence of the property as required or proposed.  The proposed septic system is a mound system and will also add fill to the site.

 

The zoning code does not regulate setbacks on a waterfront differently than setbacks on a land locked parcel.  No structures are permitted within 5 feet of the rear lot line.  The board must determine if a wood deck along a seawall is appropriate for waterfront development.

 

The site plan requires approval from DERM for any area beyond the property boundaries.

The proposal is consistent with the technical provisions of the Zoning Code except as noted.

 

Recommendation

 

The board may consider approving the wood deck as proposed, may deny the wood deck or may modify the wood deck width.

 

The following recommendation is based on approval of the wood deck as proposed and any change in this would require modification of condition 2.

 

Planning and Zoning staff recommends APPROVAL of the site plan for a 175 square foot addition that includes a bathroom and closet, and for a wood deck along the seawall 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 IV, 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 175 square foot addition to the residence that includes a bathroom and closet and for a wood deck as shown on the approved plans

2)      Applicant to secure DERM approval for the portion of the deck located outside the property and within the canal boundaries.

3)      The architect to certify 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.

4)      Architect shall certify to the building official that water may freely flow around and away from the residence and will not pond between the residence and mound system or flow to the neighboring properties, county or village properties.

5)      Steps in the easterly side yard shall be removed or redesigned so that the free flow of water around the residence is not impeded.

6)      Construction shall be in full compliance with FEMA regulations on substantial improvement and building elevation above flood.

7)      The driveway is approved as presented however driveway flares can not exceed 2 feet in width and the sidewalk can not exceed 3 feet in width.

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

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

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

11)  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.