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



Anthony Fernandez, 11202 NW 71st Court, Parkland FL




Angel Saad, Saad Homes, 18601 Wentwoerth Drive, Miami FL 33015

Property Address

1183 NE 91st Terrace

Legal Description

WATERSEDGE PB 9-141 LOT 23 LESS W15FT & W45FT OF LOT 24 BLK 1 LOT SIZE IRREGULAR OR 14600-3186 0590 1 COC 26253-1723 26426-1852 0208 3

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; 4 bed/3 bath

Year Built




Special Approvals, Sections 600 & 523:

Site Plan Approval, New one-story residence.

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 demolish an existing residence and construct a new single story residence.


The residence will have a cement tile roof.


The residence will have 4 bedrooms, 3 bathrooms and an attached 2 stall garage.


The proposed residence is within an R-20 district  and therefore any new residence must have a building cubage of not less than 20,000 cubic feet.  The proposed residence is 28,688 cubic feet in volume.  The proposed residence therefore conforms to the building cubage requirement of the code.

The plans show an air conditioning unit in the side yard.  Side yards must be maintained clear of any structures and therefor the applicant must find an alternative location for the air conditioning unit that meets zoning code requirements.


The pool is identified as for “Illustration Purposes Only, Not This Permit”, is not part of this approval and will be evaluated separately when the applicant applies for a building permit for the pool.  It may be difficult or impossible to construct the pool after the residence is constructed.  There is no alley  and the only access to the rear yard is through the side yards.  There is an oak tree in the easterly side yard that would block most equipment from using that side yard for access.  The use of the westerly side yard may cause damage to the septic field if the construction equipment must cross the septic field area to access the construction area.


The septic system is new mound system however it was sized and approved for the existing house.  The septic system may or may not be adequate for the new residence and will require review by Department of Health or DERM at the time of building permit application.


The property has a flood designation of AE-8.


The proposed sidewalk is 6 feet in width.  The normal sidewalk approved in Miami Shores is 3 feet wide.


The plans show a driveway with 5 foot flares.




An alternative location must be found for the air conditioning equipment that meets zoning code requirements.


The construction must meet flood elevation requirements.


Driveway flares can not exceed 2 feet in width.  Driveway can not exceed 12 feet in width including the circular drives connection to the driveway from the garage.  Applicant to provide a calculation of front yard coverage at time of driveway permitting.  Not more than 50% of front yard may be paved.


The applicant must ensure that there is sufficient open land on the site to accommodate the required septic system elements.  Failure to provide adequate space for a septic system may result in denial of Department of Health or DERM approval for construction plans.


The existing drain field will be susceptible to damage during construction due to its proximity to the proposed residence.  The septic system should be protected during construction to protect it from damage that may make it necessary to replace components of the  septic system.


The proposed residence meets zoning code requirements for building cubage.


Staff finds that the design of the residence is compatible and harmonious with the neighborhood.


The site landscaping will meets Miami-Dade requirements for landscaping.


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




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)      The pool and deck is not part of the site plan application and is not part of this site plan approval, design and construction to meet Zoning and Building code requirements at the time a building permit for the pool and deck is applied for.

3)      No air conditioning equipment to be located in required side yards.

4)      Driveway is not approved as part of this site plan, design and construction to meet Zoning and Building code requirements at the time a building permit for the driveway is applied for.

5)      Sidewalk to be no more than 3 feet in width.

6)      The septic system to be protected during construction.

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

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

9)      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.