Planning Board Staff Report



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

Hearing Date

June 23, 2011

Meeting Time

7:00 P.M.

File Number


Folio Number



Juan Carlos Acosta, 128 NE 99th Street, Miami Shores, FL 3138




Mark Campbell, 373 NE 92nd Street, Miami Shores FL 33138

Property Address

128 NE 99th Street

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOT 11 & E1/2 OF LOT 12 & W25FT OF LOT 10 BLK 17 LOT SIZE 100.000 X 115 OR 19085-2706 04 2000 1 COC 22373-1752 06 2004 1

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Single Family Residential

Existing Use


Comprehensive Plan Consistency


Existing Structure

1-story; 5 bed/2 bath

Year Built




Article VI Special Approval,, Sections 600; Sec. 604; Sec. 605:

Article V Supplementary Regulations, Sec. 523 & Sec. 523.1 Construction.:

Site plan review & approval, Construction; Addition.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits


Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

June 9, 2011





Applicant is applying for approval for a 645 square foot master bedroom suite addition and a 230 square foot kitchen expansion.


The assessor shows the residence as having 5 bedrooms and 2 bathrooms.  Staff can only identify 2 existing bedrooms and 2 existing bathrooms on the submitted plans.  A third bathroom is identified in the accessory structure.


When completed the plans show a 3 bedroom, 4 bath residence, including the bathroom in the accessory structure.




The county assessor has identified the residence as a duplex with a total of 5 bedrooms this is not consistent with the plans provided.


The re-occupancy certificates from 1997 and 1999 both identify the residence as a single-family residence and the were signed by the property owner, Marlene Garcia.


To clarify the status of the residence, the 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 applicant should follow this up by having the assessor review the property and change the duplex designation to single-family to avoid confusion in the future.




If the Planning Board finds that the proposed residence is a single-family residence harmonious with the community:


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 before beginning 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.