Planning Board Staff Report




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

Hearing Date

November 18, 2010

Meeting Time

7:00 P.M.

File Number


Folio Number



Jaime Sibauste, 580 NE 106th Street, Miami Shores FL 33138




Julio Sibauste, 12550 Biscayne Blvd., Suite 206, North Miami FL 33181

Property Address

580 NE 106th Street

Legal Description

AMD PL MIAMI SHORES SEC 5 PB 10-47 LOT 1 & 2 BLK 110 LOT SIZE 102.170 X 122 OR 17383-1592 1096 1 OR 17383-1592 1096 00

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, Sec. 600: Sec. 523: Site Plan Approval, Sec. 523.1 & Sec. 604: Construction, Second story addition with atrium.

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

November 5, 2010



Additional Information for February 24,2011 Board Meeting


The applicant has submitted an amended plan showing a fully air conditioned house with 2 bedrooms and 2 baths on the main floor along with a kitchen and living room open to the second story.


The second floor to contain a family room, 3rd bedroom and 3rd bathroom.


The new proposal has 1 fewer bedroom and 1 fewer bathroom on the second floor.


The Board was concerned with the internal flow of the house and the lack of air-conditioning in the middle of the house with bedrooms opening to an area potentially open to the outside.  The new proposal addresses those concerns.




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 meet all applicable code provisions at the time of permitting.

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

4)      House is to be fully air-conditioned except that the garage need not be air-conditioned.

5)      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.

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.




The applicant is proposing to convert a 1 story residence with 1 stall garage, 3 bedrooms and 2 bathrooms, into a 2 story residence with an open central atrium that will not be air-conditioned.


The design features a ground floor with a 2 stall garage, kitchen and 2 bedrooms.


The bedrooms have an internal connection otherwise the bedrooms and kitchen are only accessible through the atrium.


The second story has 2 bedrooms and a media room.  The fourth bedroom is only accessible through the media room and the third bedroom and media room are only accessible thorough the atrium.


Each bedroom has a bathroom, there is no clearly common bathroom in the residence.


There is a large balcony wrapping around the west side of the residence and over the garage to the north side of the residence.




The planning board must determine if the second story addition and reconfiguration of the residence with the only access to bedrooms and other rooms through a non-air-conditioned  atrium is permissible.


The Building Official has taken a preliminary look at the plans and the atrium design is not specifically prohibited by the Florida Building Code.  The design may be permissible subject to meeting specific requirements such as the energy code and the requirement that the walls of the atrium must be constructed to the standards of exterior walls.


The zoning code definition of: Dwelling  means a building occupied for residential purposes and consisting of not more than one housekeeping unit used for cooking, living or sleeping purposes. The word "dwelling" shall be deemed to include dwellings, dwelling units and premises. 


The unique design of the residence with almost all rooms only accessible through an nonair-conditioned courtyard/atrium and no common bathroom warrants the requirement that the applicant provide a covenant in the form of a “Declaration of Use” assuring the property is used only for a single family purpose.