Planning Board Staff Report




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

Hearing Date

October 22, 2009

Meeting Time

7:00 P.M.

File Number


Folio Number



David & June Heller, 1300 NE 94th Street Miami Shores FL 33138




Mizrain Perez, 3274 NW 38th Street, Miami, FL 33142

Property Address

1300 NE 94th Street, Miami FL 33138

Legal Description

MIAMI SHORES BAY VIEW PB 40-16 LOT 14 LOT SIZE 128.580 X 136 OR 17172-3930 0496 5 COC 22824-3847 11 2004 1 OR 22824-3847 1104 00

Property Size-Sq Ft


Building Adjusted Sq Ft


Flood Zone

VE-11 and Coastal High Hazard Area




Future Land Use Designation

Single Family Residential

Existing Use

One-family dwelling

Comprehensive Plan Consistency


Existing Structure

2-story; 8 bed/8 bath

Year Built




Special Approvals, Sec. 600: Sec. 518. Fence. Font yard

Action Required

Approve, Approve with Conditions, or Deny the application

Other Required Approvals

Village Building Permits

Fence Height Variance

Staff Report

David A. Dacquisto AICP, Director, Planning and Zoning

Report Date

September 29, 2009





Staff recommends that the Planning Board make a determination on the fence height variance request prior to hearing the request for approval of a fence in the front yard.


The proposed fence is ornamental metal, 4 feet tall and running along the front of the property west from the seawall to the driveway and then south back to the residence.




A 3.5 foot fence in this location would be consistent with the zoning code.  A 4 foot fence as requested is permitted provided the Planning Board grants a 6 inch height variance.





Should the Planning Board Approve the Variance request or the applicant alter their application to request a 3.5 foot fence:


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 obtain all required building permits before beginning work.

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

3)      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.