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-9-11-2011265

Folio Number

11-3206-013-4490

Owner

Alex Adelman/AHE Realty, Assoc, C/O Shoreview Properties 9999 NE 2nd Avenue, Miami Shores FL 33138

Applicant

Daniel Leon, 2910 SW 195th Terrace, Miramar FL 33029

Agent

None

Property Address

9999 NE 2nd Avenue

 

Legal Description

1 53 41 & 6 53 42 MIAMI SHORES SEC 1 AMD PB 10-70 LOTS 10 THRU 14 INC BLK 33 LOT SIZE 245.000 X 130 OR 15864-4092 0393 2 (2) COC 23360-4133 05 2005 4

Property Size-Sq Ft

31,850

Building Adjusted Sq Ft

47,771

Flood Zone

X

 

Zoning

B1

Future Land Use Designation

Restricted Commercial

Existing Use

General Office

Comprehensive Plan Consistency

Yes

Existing Structure

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

Year Built

1965

 

Subject

Pursuant to Articles IV, V, VI and VII of Appendix A Zoning, Special Site plan review & approval for site plan and change of use; Doctor’s office; A Variance request from Article V Supplementary Regulations to reduce the parking requirement from 6 to 5 parking spaces.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

DERM or Department of Health

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

September 20, 2011

                     

 

Background

 

The applicant is requesting a parking variance and is also requesting a change of use for a suite in the 9999 Building, from general office, attorney, to a doctor’s office.  Dr. Leon’s specialty is Internal Medicine.  Dr. Leon is a sole practitioner and will operate the office 4 days per week.  The applicant’s letter does not mention staff, however as a sole practitioner the number of clients should be limited.

 

The building has a net rental area of  34,443 sq ft in area.  The parking requirement for the building based on all office uses would be 138 parking spaces.  The site has 68 parking spaces.

 

The existing office and proposed doctor’s office are 1,095 square feet in area.

 

The previous office use has a parking requirement of 1 space per 250 square feet.

 

The new doctor’s office has a parking requirement of 1 space per 200 square feet.

 

Existing parking requirement [ 1,095 / 250 = 4.38 = 5 rounded up ] parking spaces.

 

Proposed use parking requirement [ 1,095 / 200 = 5.47 = 6 rounded up ] parking spaces.

 

The proposed use requires 1 parking space more than the existing use

 

 

Analysis

 

Pursuant to Sec 702. Hardship variances, of the Miami Shores Village Code of Ordinances, Appendix A, the applicant must provide sufficient evidence to support a finding by the Planning Board that the variance requested meets all four (4) of the required criteria to grant a variance:

 

Variance Criteria

 

(a)                  The alleged peculiar and unusual conditions affecting the property.

(b)                  The alleged reasons why such conditions make it impossible strictly to apply specified provisions of this ordinance to the property.

(c)                  The variance in such strict application that the applicant believes to be necessary in order to enable him to make a reasonable use of the property.

(d)                  The reasons why the applicant is of the opinion that such variance would be in harmony with the intent and purpose of this ordinance, would not be detrimental to the existing use or prospective development of property in the vicinity, and would not give to the applicant an advantage with respect to the use of his property that is not enjoyed by the owners of similarly situated property.

 

The applicant has responded in the application to the criteria upon which the Planning and Zoning Board will consider the application.

 

The applicant has provided evidence to support a finding that all four (4) of the required criteria to grant the requested variance have been met.

 

The Doctor will operate as a sole practitioner, 4 days per week, and should not generate significant parking demand.

 

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

 

 

Recommendation

 

Planning and Zoning staff recommend to the Planning Board APPROVAL of the variance with a finding that the applicant has met all four (4) of the required criteria to grant the requested variance as required in the Code of Ordinances, Article VII. Errors and Variances; Sec. 702 Hardship variances.

 

Planning and Zoning staff recommends APPROVAL of the variance requested, if the Planning Board finds that the applicant has provided sufficient evidence to support a finding that the application has met all four (4) of the required criteria to grant a variance under Article VII of Appendix A Zoning of the Code of Ordinances and votes to approve the application, staff recommends the following conditions:

 

1)      The applicant is granted a variance of one (1) parking space.

2)      Applicant to obtain all required building permits for any work previously undertaken without building permits.

3)      Applicant to obtain all required building permits.

4)      Applicant to comply with all applicable code provisions at the time of permitting.

5)      This variance is valid for a period of one (1) year from the date of approval.  Building permits must be secured and work started within that time or a new variance will be required before work can commence.

 

The following recommendation is contingent upon the Planning Board approving the parking variance.

 

Planning and Zoning staff recommends APPROVAL of the site plan for a 1,095 square foot Doctor’s office 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 change of use from an office use to a 1,095 square foot doctor’s office.

2)      Applicant to secure necessary DERM or Department of Health approval.

3)      Applicant to obtain all required building permits for any work previously undertaken without building permits.

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

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

6)      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.