Planning Board Staff Report




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

Hearing Date

September 24, 2009

Meeting Time

7:00 P.M.

File Number


Folio Number



Clement Duru, 139 NW 102nd Street, Miami Shores FL 33150





Property Address

139 NW 102nd Street

Legal Description

GOLD CREST A SUB PB 21-56 W1/2 OF LOT 17 & ALL OF LOT 18 BLK 1 LOT SIZE 75.000 X 108 OR 11130-1070 0681 JERRY FEINGOLD

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; 3 bed/2 bath

Year Built




Special Approvals, Sections 600 & 523:

Site Plan Approval, Two-story addition and front façade alteration.

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 28, 2009





The applicant is proposing to construct a two story addition to the rear of an existing one story residence.


The addition is approximately 29 feet in depth and 55 feet in width, adding two floors of approximately 1,600 square feet each for a total of 3,200 square feet of new area.  The addition will add 1 bedroom, 2 bathrooms an exercise room and office, and will remodel the existing main floor.


The applicant is also proposing to alter the front façade of the residence to make it more interesting with a new covered entrance and new round top windows.


The proposed roof will be cement tile to match the existing roof.

The residence is in an area of predominantly one story residences.




The existing residence is located 9.64 feet from the ease side lot line according to a survey dated August 7, 2009.  The proposed addition matches this setback.  A 10 foot side yard setback is required.  The existing residence and addition do not comply with setback requirements according to this survey.


The original residence was approved October 22, 1979 with a site plan showing a 10 foot side yard setback on both sides.  An as built survey dated April 4, 1981 shows the setback just short of 10 feet at 9.94 feet, reasonably within an acceptable margin of error.


Staff recommends that based on the earlier evidence, the board consider the east side yard setback as conforming as to setback and permit the extension of the existing wall along the established setback to accommodate the addition to the residence.


The proposed covered entrance is setback 22 feet from the front property line.  The covered entrance is located 3 feet within the required front yard setback.  The proposed covered entrance does not comply with setback requirements.


The applicant is maximizing the building coverage on the plot.  The addition of 1 bathroom and 2 bedrooms will require DERM and/or Department of Health approval prior to the issuance of village building permits.  It is the applicant’s responsibility to provide sufficient open space to accommodate required septic systems.  There is little open space on the site.  The plans do not indicate the location or area of the existing septic system.


The site is landscaped and meets Miami-Dade requirements for landscaping.


The proposal is not consistent with the technical provisions of the Zoning Code as noted.


The Planning Board may consider approval of the site plan provided the new front covered entrance is removed or redesigned to meet setback requirements.




Planning and Zoning staff recommends DENIAL of the site plan with a finding that it is not 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.