Planning Board Staff Report

 


 

PLANNING BOARD HEARING

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

PZ-8-09-2009152

Folio Number

11-3206-014-3670

Owner

Kenneth Beck, 1079 NE 96th  Street, Miami Shores FL

 

Applicant

Same

Agent

Javier Martinez  and Chuck Weidner, 17038 W. Dixie Highway, N Miami Beach FL 33160

Property Address

1079 NE 96th  Street

Legal Description

MIAMI SHORES SEC 3 PB 10-37 LOT 5 & LOT 6 BLK 82 LOT SIZE IRREGULAR OR 21307-1765 062003 6 COC 23487-4785 06 2005 1 OR 23487-4785 0605 00

Property Size-Sq Ft

12,500

Building Adjusted Sq Ft

2,374

Flood Zone

X

 

Zoning

R-25

Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency

Yes

Existing Structure

1-story; 3 bed/4 bath

Year Built

1947

 

Subject

Special Approvals, Sections 600 & 523: Site Plan Approval, Garage conversion .

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 1, 2009

                     

 

Background

 

The garage conversion was completed without Planning Board approval or proper building permits and was sited as a violation by Miami Shores code enforcement.

 

The applicant has now applied for Planning Board approval for the garage conversion.

 

The conversion added a 188 square foot master bathroom to a portion of  the garage. The remaining 296 square feet was left as storage space.  The garage doors remain to access the storage space.

 

 

Analysis

 

The garage conversion was completed without Planning Board approval or proper building permits.  Both are required before a garage conversion may take place.  The applicant is now before the board to seek Planning Board approval for the conversion.

 

The new bathroom replaces an existing bathroom and the Department of Health or DERM will determine if the change will require septic system changes.

 

Applicant to complete a covenant in the form of a “Declaration of Use” assuring the property is used only for a single family purpose, record the document with the Miami-Dade County Recorder and provide a copy of the recorded document to the Planning Director.

 

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

 

Recommendation

 

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 obtain all required building permits for work undertaken and before beginning new work.

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

4)      Applicant to complete a covenant in the form of a “Declaration of Use” assuring the property is used only for a single family purpose, record the covenant with the Miami-Dade County Recorder and provide the planning director with a copy of the recorded document prior to the final inspection by the Building Official.

5)      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.