Planning Board Staff Report



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

Hearing Date

October 13, 2011

Meeting Time

7:00 P.M.

File Number


Folio Number



Odamise LLC, 9300 N Bayshore Drive, Miami FL 33168


Shores Pediatrics, 9715 NE 2nd Avenue, Miami Shores FL 33138


Victor Bruce, 370 NE 101st  Street, Miami Shores FL 33138

Property Address

9713 NE 2 AVE

Legal Description

MIAMI SHORES SEC 1 AMD PB 10-70 LOT 12 BLK 31 LOT SIZE 50.000 X 130 COC 23432-1674 05 2005 4 OR 23432-1674 0505 01

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone





Future Land Use Designation

Restricted Commercial

Existing Use

General Office

Comprehensive Plan Consistency


Existing Structure

1-story; N/A bed/N/A bath

Year Built




Pursuant to Article VII of  Appendix A Zoning, Errors and Variances; Variance to reduce parking requirement for medical office. And,

Pursuant to Articles IV, V and VI of Appendix A Zoning, Special Site plan review & approval change of use; Physician’s office.

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

DERM or Department of Health

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

October 6, 2011







The applicant is requesting a variance to the parking requirement to permit the expansion of an existing physician’s office at 9715 NE 2nd Avenue to an adjoining storefront in the same building 9713 NE 2nd Avenue, previously used as a photographer’s studio.


The building is 2,887 sq ft in area, the existing physician’s office is 1,445 sq ft in area, the adjacent storefront is 1,442 sq ft in area.


The last approved business at 9713 was a photographer’s studio.


The existing parking requirement for the photographer’s studio/office use:

Office use:     1,442 sq ft / 250 sq ft =  5.77; 6 parking spaces.


The applicant is proposing to convert the entire building to physician’s office.


The parking requirement for the proposed physician’s office is 1,442 sq ft / 200 sq ft = 7.21; 8 parking spaces.


The applicant currently has 5 parking spaces on site shared by the 2 storefronts.


The village does not require owners of developed properties to provide the required parking for existing uses, only to maintain the parking already supplied. When the use of a property is changed, the property owner is required to provide the difference between the required parking for the existing uses if any and the required parking for the new use.


 The physician’s office expansion requires that 2 additional parking spaces be provided.




The physician’s office is already located in the building and the proposal is to expand the existing office to an adjoining storefront space.


The new space is to be used for administration purposes and for a break room for employees.


Pursuant to Sec 702. Hardship variances, of the Miami Shores Village Code of Ordinances, Appendix A, the applicant must provide sufficient evidence to support a finding by the Planning Board that the variance requested meets all four (4) of the required criteria to grant a variance:


Variance Criteria


(a)                  The alleged peculiar and unusual conditions affecting the property.

(b)                  The alleged reasons why such conditions make it impossible strictly to apply specified provisions of this ordinance to the property.

(c)                  The variance in such strict application that the applicant believes to be necessary in order to enable him to make a reasonable use of the property.

(d)                  The reasons why the applicant is of the opinion that such variance would be in harmony with the intent and purpose of this ordinance, would not be detrimental to the existing use or prospective development of property in the vicinity, and would not give to the applicant an advantage with respect to the use of his property that is not enjoyed by the owners of similarly situated property.


The applicant has responded in the application to the criteria upon which the Planning and Zoning Board will consider the application.


Staff reviewed the applicants response to the four (4) criteria and Staff finds that the application has met all four (4) of the required criteria to grant a variance:


(a)                  The property does not have sufficient area for a septic system and to create additional parking .

(b)                  The site does not have sufficient area to accommodate the additional required parking.

(c)                  The variance requested is the minimum variance required to allow the proposed expansion.  The expansion does not significantly change the use of the property.

(d)                  The proposed expansion would not generate significant new traffic or parking demand.  A variance of two (2) parking spaces was granted to an urgent care clinic in the B1 District.





Planning and Zoning staff recommend to the Planning Board APPROVAL of the variance with a finding that the applicant has met all four (4) of the required criteria to grant the requested variance as required in the Code of Ordinances, Article VII. Errors and Variances, Sec. 702 Hardship variances.


If the Planning Board finds that the applicant has provided sufficient evidence to support a finding that the application has met all four (4) of the required criteria to grant a variance under Section 702 of the Code of Ordinances and votes to approve the application, staff recommends the following conditions:


1)      The applicant is granted a parking variance of two (2) parking spaces, no new parking spaces shall be required for the conversion of  1,442 sq ft. of office space to physician’s office.

2)      Applicant to obtain all required building permits.

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

4)      This variance is valid for a period of one (1) year from the date of approval.  Building permits must be secured and work started within that time or a new variance will be required before work can commence.






The applicant is requesting approval for a change of use to convert an existing office use of 1,442 sq ft to physician’s office. The applicant has an existing 1,445 sq ft physician’s office within the building in an adjoining storefront.  The total floor area of the building is 2,887 square feet.


The applicant has submitted a site plan showing 5 parking spaces including 1 handicap parking space.  The applicant is requesting a variance of 2 parking spaces to permit the expansion of the physician’s office into the adjoining storefront.


Shores Pediatrics provides pediatric services to the children of Miami Shores.




The B1 District permits physician’s offices.


The proposal is consistent with the technical provisions of the Zoning Code.  The parking shortage may be addressed through the provision of additional parking or the granting of a variance.




The following recommendation is contingent upon the Planning Board approving the parking variance requested..


Planning and Zoning staff recommends APPROVAL of the site plan to expand a physician’s office by 1,442 sq ft 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)      Approval is to expand a physician’s office by 1,442 sq ft to 2,887 square feet.

2)      Applicant to secure necessary DERM or Department of Health approval for the septic system prior to the issuance of a village building permit.

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

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

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.