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HomeMy WebLinkAboutZoning Resolution 23-Z-201RESOLUTION NO. 234- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR VARIANCE (APPLICATION NO. PZ2023-07) SUBMITTED BY 19020 NBR, LLC (THE "APPLICANT") TO ALLOW A VARIANCE INCREASING THE ALLOWABLE BUILDING HEIGHT OF §265-31(D)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FROM THIRTY-FIVE FEET (35') TO THIRTY-NINE FEET AND TEN INCHES (39'-10") MEASURED FROM THE CROWN OF THE ROAD, AT THE SINGLE-FAMILY PROPERTY LOCATED AT 19020 N. BAY ROAD, SUNNY ISLES BEACH, FL 33160; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 19020 NBR, LLC (the "Applicant") submitted a zoning variance application, numbered PZ2023-07 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting the following: 1. Pursuant to Sections 265-31(D)(3) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting an increase of the allowable building height from thirty-five feet (35') to thirty-nine feet and ten inches (39'-10") measured from the crown of the road; LEGAL: LOT #31— BLOCK #14 — FOLIO 31-2202-008-0760 GOLDEN SHORES OCEAN BLVD ESTATES. PLAT BOOK 51 PAGE 15 ADDRESS: 19020 N. Bay Road, Sunny Isles Beach, FI 33160 WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the information contained in the City's Development Services Department Development Review Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on June 15, 2023, the City Commission conducted a public hearing on the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Development Services Department and finds that the Application meets the criteria for variance under the Land Development Regulations and the Comprehensive Master Plan of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Findings and Conclusions. Based upon an analysis of the application and the standards for approval for a variance under the Land Development Regulations and the Comprehensive Master Plan of the City, the City Commission makes the following findings and conclusions: The application for a variance approval seeking an increase of the allowable building height from thirty-five feet (35') to thirty-nine feet and ten inches (39'-10") measured from the crown of the road is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. Section 3. Approval. The Applicant's request for approval of an increase of the allowable building height from thirty-five feet (35') to thirty-nine feet and ten inches (39'-10") measured from the crown of the road is hereby APPROVED, subject to the following conditions: 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Melloul Residence", by Toma Design Group, Inc., stamped received May 18, 2023, consisting of 13 sheets. Plans are subject to revisions - based comments provided by staff of the City of Sunny Isles Beach. Plans are subject to modification. 2. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Development Services Department and be consistent with the specific plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicants shall be required to obtain another approval of the City Commission. 3. That the Applicant shall submit a staging plan before commencing any construction activity, the staging plan shall provide a schedule of activities such as, parking arrangements, lane closures, sidewalk closures, and any other required activity that may provoke an impact at the surrounding areas to the site. The staging plan should be approved administratively by the City Manager or designee. 4. That the approved plan shall remain valid for a period of 24 -months from the date of the site plan modification approval. If no building permit is issued within the 24 -month time period, the site plan shall be considered null and void and of no force and effect. 5. That the Applicants comply with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. Section 4. Authorization of City Manager The City Manager is hereby authorized to do all things necessary to effectuate this Resolution, Section 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining potions of this Resolution. Section 6, Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed, Section 7. Effective Date. This Resolution shall become effective upon- ption. PASSED AND ADOPTED this 151" day of June 2 23. Larisa Svechin, Mayor ATTES APPROVED AS TO FORM AND LEGAL SUffICIENCY: Mauric o Betancur, CMC, City Clerk ` Alain E. Boileau for Nabors, Giblin & Nickerson, P,A., City Attorney Moved by:VC Seconded by: �4A41eSIt, i2 -e, Z 14 Vote: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra (Yes) V (No) 7v(Yes)_ (No) ��. (Yos) (No) (Yes) _u (No) -- __._-- (Yes) (No) June 15, 2023 PZ2023-07 SVONY /S4 CITY OF SUNNY ISLES BEACH ..: STAFF REPORT SINGLE-FAMILY HOUSE 9 F`O?'� oS� BUILDING HEIGHT VARIANCE ly OF SUN P' APPLICATION SUMMARY Application Number: PZ2023-07 Application Summary: The Applicant and owner of the property is seeking approval of one variance in relation to the construction of a new two-story single-family house. Specifically, the Applicant proposes increasing the allowable building height from thirty-five feet (35') to thirty-nine feet and ten inches (39'-10") measured from the crown of the road. The building height increase of four feet (4') will accommodate an elevator shaft and staircase overrun for access of the rooftop terrace. Applicant/Owner: II. SITE INFORMATION Location: Property Size: Folio: 19020 NBR, LLC 19020 N Bay Road Sunny Isles Beach, FI 33160 ATTN: Martin Litman 19020 N Bay Road 11,250 sq. ft. (0.26 acres) 31-2202-008-0760 Legal Description: LOT #31 — BLOCK #14 — FOLIO 31-2202-008-0760 GOLDEN SHORES OCEAN BLVD ESTATES. PLAT BOOK 51 PAGE 15. Site Description: The property is a rectangular lot in the Golden Shores residential neighborhood that has frontage on North Bay Road and abuts the intercoastal waterway. It is developed with a single-family house that was originally built in 1951 and has had several additions and improvements made since. Page 1 of 6 141 June 15, 2023 PZ2023-07 Future Land Use: Low Density Residential This category is intended to have residential densities ranging from a minimum of 2.5 to a maximum of 6.0 dwelling units per gross acre. This density category is generally characterized by single-family housing (e.g. single family detached, cluster, zero -lot -line and townhouses). It could include low-rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Zoning District: Single-family Residential (R-1) The Single-family Residential (R-1) District provides for low- density residential development of one -family detached dwellings of up to one unit per lot at a maximum density of six units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Low Density Residential land use category. The uses within this district shall be consistent with, but may be more restrictive than, the Low Density Residential Land Use category permitted uses. Adjacent Properties: III. REQUEST The Applicant intends to demolish the existing house and construct a new single-family house. The new house will be two stories tall and have a rooftop terrace. The following variance request will allow for an elevator shaft and staircase overrun above the maximum allowed building height in the R-1 zoning district: Pursuant to Section 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance to increase the allowable building height from thirty-five (35') to thirty-nine feet and ten inches (39'-10") as measured from the crown of the road. Page 2 of 6 142 Existing Use Zoning District Future Land Use North Single-family home R-1 Low Density Residential East Single-family home R-1 Low Density Residential South Single-family home R-1 Low Density Residential West Intercoastal waterway N/A Water III. REQUEST The Applicant intends to demolish the existing house and construct a new single-family house. The new house will be two stories tall and have a rooftop terrace. The following variance request will allow for an elevator shaft and staircase overrun above the maximum allowed building height in the R-1 zoning district: Pursuant to Section 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance to increase the allowable building height from thirty-five (35') to thirty-nine feet and ten inches (39'-10") as measured from the crown of the road. Page 2 of 6 142 June 15, 2023 PZ2023-07 IV. ZONING REVIEW The plans reviewed for the new single-family house are on file, and may be examined, in the City Clerk's Office and are entitled "Melloul Residence," prepared by Toma Design Group, Inc., stamped received May 18, 2023 consisting of thirteen (13) sheets. The following is a review of the Land Development Regulations relevant to the construction of the new single-family home and associated variance request: Sec. 265-5 – Definitions HEIGHT — The vertical distance from the crown of the adjacent road to the highest point of the structure being measured, inclusive of all structures and equipment, In addition: chimneys shall be permitted to extend three feet above the highest point of the roof where it passes through the roof or three feet above the roof if the roof is flat, parapet walls and railings constructed on buildings with flat roofs shall be permitted to extend not higher than 42 inches above the roof, steeples shall be permitted to extend above the roof, not higher than 42 inches. Comments: This is the definition of height that is applied to all buildings and structures in the City, in all zoning districts. Notably, building height is measured from the crown of road. Sec. 265-31.D. – Single -Family Residential (R-1) site development standards. (1) Minimum lot area: 7,500 square feet. Comments: Property is an existing lot of record with 11,250 square feet of lot area. Complies. (2) Minimum lot width: 75 feet. Comments: Existing lot of record with 75 feet of lot width. Complies. (3) Maximum height: 35 feet. Protective structures such as balconies, railings or banisters may be increased by 40 inches. Comments: Highest point of proposed house is 39' and 10" measured from the crown of road to the top of the elevator and staircase overrun. Variance requested. (4) Setbacks: a. Front yard: Minimum of 25 feet. Comments: 25 feet provided. Complies. Page 3 of 6 143 June 15, 2023 PZ2023-07 b. Interior side yard: Minimum of 7.5 feet. Comments: 7.5 feet provided. Complies. c. Corner side yard: Minimum of 15 feet. Comments: Not applicable. d. Rear yard: Minimum of 15 feet for principle use structures. Comments: 44'-2" feet provided. Complies. (5) Lot coverage. The combined lot area covered by all principal and accessory buildings shall not exceed 42%. Landscaping and green area must account for at least 25% of the total lot area. Comments: 34% of lot coverage provided. 37% of landscaping and green area of the lot is provided. Complies. (6) Floor area ratio. The maximum floor area ratio shall be 0.60. Comments: 0.59 of floor area ratio is provided. Complies (7) Building spacing. Minimum of five feet separation between structures. Comments: Not applicable. 2. The following are the standards of review for variance applications from code Sec. 265-15.G.: A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (2) The special conditions and circumstances do not result from the actions of the petitioner, (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant; Page 4 of 6 144 VA Vl. June 15, 2023 PZ2023-07 (4) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs. (5) Granting of .the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district, (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. Comments: See attached Letter of Intent from the Applicant and final analysis below provided by staff. FINAL ANALYSIS Based on the above review, the application is not consistent with the City's Land Development Regulations. The requested building height variance is in relation to new construction and a hardship has not been identified that supports the proposed building height increase. The subject property does not have a special condition or circumstance that is not applicable to other lands, structures or buildings in the same zoning district. The height measurement from crown of road applies equally to all homes constructed on North Bay Road. The variance is not necessary to make possible reasonable use of the land, building or structure, as a new home can reasonably be constructed without the need for an increase in allowable height. However, granting of the variance is not injurious to the neighborhood and would not otherwise be detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. The Applicant has asserted in the application that the variance request will not negatively impact the adjacent properties and has obtained "letter of no objections" from nineteen (19) property owners' and residents of Golden Shores. The letters have been submitted with this application. Staff has compiled the relevant facts of the requested variance and recommends the application be presented to City Commission for consideration. CONDITIONS If the City approves this application, the application will be subject to the following conditions set forth below: Page 5 of 6 145 June 15, 2023 PZ2023-07 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, the plans are entitled "Melloul Residence," prepared by Toma Design Group, Inc., stamped received May 18, 2023, consisting of thirteen (13) sheets. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 2. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Development Services Department and be consistent with the specific plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. 3. That the Applicant shall submit a staging plan before commencing any construction activity, the staging plan shall provide a schedule of activities such as, parking arrangements, lane closures, sidewalk closures, and any other required activity that may provoke an impact at the surrounding areas to the site. The staging plan should be approved administratively by the City Manager or designee. 4. That the approved plan shall remain valid for a period of 24 -months from the date of the site plan modification approval. If no building permit is issued within the 24 - month time period, the site plan shall be considered null and void and of no force and effect. 5. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) Page 6 of 6 146 FLS C/rY �F SUN PNS PUBLIC HEARING APPLICATION Proposed Project Name: Melloul Residence Hearing # Date Received_ Folio Number CITY Op �S LES 49 RECEIVED MAY 18 2023 PZ2023-07 PLANNING & ZONING DEPT. 2. Name of Applicant Shlomo Melloul a. If applicant is the owner, give name exactly as recorded on deed. b. If applicant is lessee, attach copy of valid lease of one (1) year or more and Property Owners Sworn -to -Consent. C. If applicant is a corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. 3. Applicant Mailing Address 67 North Federal Highway City Dania Beach State FL Zip 33004 Tel. # (during working hours) 305-450-7744 e-mail shlomo(a-),bananasplitusa.com 4. Name of Property Owner Shlomo Melloul - 19020 NBR LLC Mailing Address 67 North Federal Highway City Dania Beach State FL Zip 33004 Tel. # (during working hours) 305-450-7744 e-mail shlomo@bananasplitusa.com Contact Person Martin Litman Mailing Address 20900 NE 30th Ave. Suite #1001 City Aventura State FL Zip 33180 Tel. # (during working hours) 305-401-2223 e-mail martinl@tomadesigngroup.com 6. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if metes and bounds description, provide complete legal description (including section, township and range). c. if separate request apply to different areas, provide the legal description of each area covered by a separate request. d. attach a separate, typed sheet if necessary. Verify the legal description is correct. Lot #31 - Block #14 - Folio 31-2202-008-0760 Golden Shores Ocean Blvd Estates Plat book 51 page 15 7. Address or location of subject property: 19020 North Bay Rd Sunny Isles, FL, 33160 Size ofroe 150 ft P p rtY� City of Sunny Isles Beach x 75 ft ft. acres 0.258 acres (11,250 sqft) Public Hearing Application Package Page 4 of 30 147 9. Date subject property acquired Nor leased ❑ Septemberday of 21 2021 term of lease N/A years/months. 10. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If lengthy, please type on a sheet labeled "Contiguous Property". No 11. Is there an option to purchase ❑or lease ❑ the subject property or property contiguous thereto? ❑ Yes or X No If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 12. Present zoning classification (s): R1 Single Family Residential 13. REQUEST (S) COVERED UNDER THIS APPLICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided: ❑ Comprehensive Plan Amendment ❑ District Boundary Change (s) ❑ Site Plan Approval ❑ Conditional Use X Variance ❑ Plat Approval ❑ Transfer Development Rights ❑ Vested Rights ❑ Appeals ❑ Other: 14. Has a public hearing been held on this property within the last year and a half? ❑ yes N no If yes, applicants name Date of Nature of hearing Decision of Resolution # City of Sunny Isles Beach Public Hearing Application Package Page 5 of 30 148 15. Is this hearing being requested as a result of violation notice? ❑ yes X no If yes, give name to which violation notice was served Nature of 16. Are there any existing structures on the property? X yes ❑ no If yes, briefly describe 1 story home to be demolished 17. Is there any existing use on the property? EXyes ❑ no If yes, what is the use and when was it established? Use Single family residential City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30 149 RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING I hereby acknowledge that T am aware of the preliminary review of plans of the proposed project by the Department of Environmental Protection (DEP), and/or the Department of Environmental Resources Management (DERM), the Florida Department of Transportation (FDOT). In addition, the Miami -Dade County Fire Department (MDFD) for the staging area of the proposed project along with the Miami Dade County Biscayne Bay Shoreline Development Review Committee will review and comment for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DERM) and the Environmental Quality Control Board, (EQCB) in the preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. I >.uiderstand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DEI', DERM, MDFD, and /or Florida Department of Transportation FDOT requirements or to advise this office in writing if the application will not go forward and maybe considered withdrawn. Contact with the above-mentioned agencies is advised during the hearing process. Permit requirements: I also understand that the Florida Building Code, DEP, DERM, MDFD, and /or Florida Department of Transportation FDOT may contain requirements that affect my ability to obtain a required building permit for my project, even if the zoning application is approved at public hearing. i am aware that a Building Permit is required for all construction and that i am responsible for obtaining the required permit, all required inspections, the Certificate of Use and Occupancy or Certificate of Completion for any and all structures and additions whether proposed or existing without permits. Additionally I am aware a Certificate of Use and Occupancy must be obtained for the use of the property, if approved at a Zoning Hearing and that failure to obtain the required permits and/or Certificates of Completion, Use and Occupancy wil I result in the initiation of enforcement action against the occupant and owner. i further understand that submittal of Zoning Hearing application will not necessary forestall enforcement action against the property. Fees: I understand that the hearing fees paid at the time of filing may not be the total cost of the hearing and that I will be advised of any other fees that can be associated with the public hearing application. tntiV+ Signature j 54'�--l�jtU10 Nom/#'0.4 Print Name Notary: Sworn to and subscribed before me this -AA day of 4.3 Kufa'ry Public -State of Florida r°i►* °�o` VILMA CECIOTAITE <1 Notary public -state of Florida 7874 My Comm. Expires epommission # HH 17, 2026 My commission expires i Banded through National Notary Assn. City of Sunny Isles Beach Public Hearing Appilcation Package Page 17 of 30 150 OWNERSHIP AFFIDAVIT FOR LIMITED LIABILITY COMPANY STATE OF Public Hearing No. COUNTY OF Before me, the undersigned authority, personally appeared Shlomo Melloul hereinafter the Affiant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the manager, or managing member of the 19020 NBR LLC Limited Liability Company with the following address; 2. The Limited Liability Company owns or lease (circle one) the property, which is the subject of the proposed hearing. 3. The subject property is legally described as: 19020 North Bay Rd, Sunny Isles Beach, FL, 33160 4. Affiant is legally authorized to file this application for public hearing: 5. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing, 6. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. l understand this application must be complete and accurate before the application can be submitted and the hearing advertized. Witnesses: hat re V Affiant's Signator V/ K J fl l Jkfa/ice � I �L ta, WNWe Print Name Print Name ' Sworn to and subscribed before me on the dl _day of `� , 20iL-:P , Affiant is personally down to me or has produced as Identification. Commission Expires: City of Sunny Isles Beach Public Hearing Application Package VILMA CECIOTAITE Notary Public •State of Florida Commission # HH 267874 Ay Comm. Expires Sep 17, 2026 d through National Notary Assn. Page 10 of 30 151 torna design group inc. 20900 N.E. 30th Ave, Suite # 1001, Aventura, FL, 33180 1786-206-7290 / F.1305 425 0327 / info@tomadesigngroup.com May 15th, 2023 Via Electronic Mail Amy Canales Planning & Zoning Director City of Sunny Isles Beach Florida 18070 Collins Ave Sunny Isles Beach, FL, 33160 CITY pp \S ES ini NTC/ RECEIVED MAY 18 2023 PZ2023-07 i»li!ILIIIZCCI3{•7�IUrCl7 3A RE: Melloul Residence: Single Family 2 Story Residence / 19020 N. Bay Rd. Sunny Isles Beach, FL ("Project") Letter of Intent Requesting a Minor Height Variance for the elevator and staircase overrun Dear Mrs. Canales, This Letter of Intent is submitted on behalf of 19020 NBR, LLC ("Applicant"), which is the owner of the property located at 19020 N. Bay Rd. Sunny Isles Beach, FL, 33160 ("Property"). The Applicant is proposing to construct an architectural jewel, a two (2) story single family home on the Property for residential purpose only. As specifically stated below, the Applicant's zoning application is consistent with the Development Code of the City of Sunny Isles Beach except for the request of a minor height variance to permit the extension of the elevator shaft and staircase overrun. Property and Existing Conditions The Property, situated in the Golden Shores neighborhood in the City of Sunny Isles Beach. The Property is located within the R-1 Single Family Residential zoning district and boasts frontage on N. Bay Rd. with rear -facing intracoastal waterways offering stunning views of Dumfounding bay. The area is predominantly residential and enjoys close proximity to Collins Avenue, making it an attractive location for those seeking a growing residential community. Currently, the Property has a 1 story home soon to be demolished. The lot is located almost midway between 190th and 191st streets on a quiet, private street. Neighboring lots are situated on the North and South side, with other homes across the street. Due to its waterfront location, there are no properties on the West side facing the rear, offering unparalleled privacy and stunning views. Demolishing older homes to build new homes has been a trend in the Golden Shores neighborhood in the past recent years. 152 torna design group inc. 20900 N.E. 30th Ave, Suite # 1001, Aventura, FL, 33180 T.786-206-7290 / F. 1305 425 0327 / info@tomadesigngroup.com Project Description and Applicant's Vision The proposed project involves the construction of a 2 -story single-family residence on the Property. The new home will have a unit size of 6,603 sq. ft. on an 11,250 sq. ft. lot, with a strong aesthetic focus on warm tropical modern architecture. The design for this warm modern 2 -story home on N. Bay Rd features a stunning double -height entrance with exquisite material selection and design. The refined marble accents, glass, and vertical wood slat cladding accents blur lines and distinctly set the house apart. The front vertical wood slats are contained and framed inside the double -height entrance, garage door cladding, and 2nd -floor wood accents, bringing warmth and modernity to the exterior while offering privacy to the 1st and 2nd floor areas of the interior space. For the rear design, the same aesthetic is maintained with consistent use of materials and a covered terrace that includes a 2nd -floor balcony parallel to the rear property line. Large glass sliding door panels bring water views, greenery, and vegetation into the interior space, seamlessly integrating the pool and pool deck and extending the view to the intracoastal and bay area. The project also features a roof terrace designed to maximize the exposure to the open water views of the bay and intracoastal. An exterior detached outdoor kitchen structure blends in with the main home's materials, creating consistency in the architecture style of both structures. The applicant's goal is to build a beautiful warm modern home surrounded by tropical vegetation that blends well with its surroundings. The location is ideal, with plenty of open green space across the street on N. Bay Rd and quiet streets that allow the house to take a back seat to the natural landscape while still enjoying water views and a natural setting close to the heavy traffic areas. Zoning Variance Requested: The project is in compliance with the Development Code of the City except for the request of a minor height variance. Specifically, the Applicant is requesting the following variance: We are seeking a zoning variance to increase the maximum allowable building height for the elevator and staircase overrun ONLY, which is needed to access the proposed roof terrace space. Criteria Doints: based on variance standards of review. here below are our Darticular case items: A. The permitted height under the City Code for the project is 35 feet, and we are requesting 39 feet, which is only 4 feet from the permitted height. This additional height is solely required for a small covered and enclosed vertical circulation area that is only 190 sqft and is setback from front property line at 50.5 feet away, and is not for interior living space use, only terrace access. 153 toma design group inc. 20900 N.E. 30th Ave, Suite # 1001, Aventura, FL, 33180 T.786-206-7290 / F.1305 425 0327 / info@tomadesigngroup.com B. The maximum allowable height from the crown of the road is 35 feet. However, due to the low elevation of the existing roadway (3 feet NGVD) and the required finished floor elevation height necessary to comply with FEMA and local regulations (8 feet NGVD) , there is a loss of 5 feet from the total allowable height. Thus, we are requesting an additional 4 feet to mitigate the reduction of height due to FEMA regulations. The additional height is limited to a small 190 sqft foot print on the roof top that extends only to the elevator and staircase vertical circulation. C. Please refer to the submitted roof plan and exterior 3D digital render views, which indicate that the additional height is barely noticeable from the road or the water, as it is located at the center of the floor plan and is a small area of the total roof footprint. D. Granting this variance requested conveys the same treatment to this project as other previous approvals for the same variance request granted in the past for other homes in Sunny Isles. More particularly, there is a precedent for a home owner in the Atlantic Isles neighborhood, which is also part of the R-1 zoning district, that has benefited from this similar request and it was granted approval. E. The variance, if granted, is the minimum variance that makes possible the access of the terrace to enjoy the existing water views for a possible reasonable use of the land and the building. F. We believe that the requested variance for the additional height of the elevator and staircase overrun to access the proposed roof terrace space maintains the basic intent and purpose of the height regulation in the R-1 zoning district and is in harmony with the general intent and purpose of the land development regulations, and is not injurious to the neighborhood. The additional height requested is only for a small portion of the roof footprint and will not be used for additional interior space, but again, only for access purposes, and will not compromise or change the intent of the height regulation. The requested variance is compatible with the surrounding land uses and would not be detrimental to the community. In fact, we believe that the proposed design adds beauty to the neighborhood. The Applicant's request for a minor height variance complies with the requirements for a variance under Section 265-15 of the City Code. Additionally, the City has granted a similar variance in the past for a residential home in a residential district. Apart from the variance mentioned above, we believe that the project complies with all zoning and development standards within the RS -1 zoning district. 154 torna design group inc. 20900 N.E. 30th Ave, Suite # 1001, Aventura, FL, 33180 T.786-206-7290 / F.1 305 425 0327 / info@tomadesigngroup.com Conclusion: We are thrilled to be a part of this project and to contribute to the already stunning homes in the Golden Shores neighborhood in Sunny Isles Beach. We are committed to embracing the positive growth of this unique neighborhood while also overcoming the challenges that come with building in this area. We believe that this project will be a magnificent addition to the community, and we respectfully request a positive recommendation from staff regarding this necessary variance to obtain a building permit for the enclosed plans. Thank you for considering our proposal and please do not hesitate to contact us if you have any further questions or require additional information. Sincerely, Martin Litman Toma Design Group Inc. 155 All W cD U o(.0 Z O cM W --! 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B L__Ir----------- i ---- I ,�•`�ave��+o "••. k'�5 gg g $ p� ° NVId ONI1130 031031j3H 21001d ONZ 03SOdONd owe 1d --pi AU -S Pe -a Re8 WON OZ0% $ z SS a e aaevn omv., "'••.�rsaa as ,,,, g Eg$n � p® 30N301SEI8 inO113W 'e'ee AAB 162 0t t t■■■t t t■■ m._sa031d as_am_a $ ® | \, _ ce) ®k6 / . | 3ON30ISmi � 4- 163 i SNOIIVA319 UOI831X3 03SOdObd d 091EE 13'4..9 salsl AuunS w A Q peon 4eg 41�oN OZ06L � F� 3ON301Sai inwim 'n' $ d 1 164 L J K z 0 U= w 7I 1165 SNOIlOaS V SNOIIVA313 NOWB 03SOdOldd 4"!" oqL" 1=1'4oee8 sel AuunS POO'd '(88 WON OZ0% 3ON301838 T10113H 5 L J K z 0 U= w 7I 1165 Wk, Al Wk, pil 41. G 1 x � s I d �INN �a tax" r v - r- i # _ �i Lt'l - I tit � PITTA LLP Attorneys at Law CITY OF y \5 LES 6 I W=r RECEIVED MAY 18 2023 PZ2023-07 PLANNING & ZONING DEPT. April 24, 2023 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Re: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul Dear Sir/Madam: 120 Broadway 28th Floor New York, New York 10271 Telephone: (212) 652-3890 Facsimile: (212) 652-3891 Vincent F. Pitta Managing Partner Direct Dial: (212) 652-3836 vpitta ,-,pittalaw.com Together with my wife Antoinette, I am the owner of the house located at 19010 N. Bay Rd, Sunny Isles Beach, FL 33160. My wife and I have no objection if the owner of the house located at 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 obtains (a) variance(s) to increase the building height to permit the installation of an elevator and staircase over run. If you have any questions, please feel free to codtact me. incent F. Pit a VFP/awr cc: Antoinette Pitta Shlomo Melloul (00709848-1) 169 The City of Sunny Isles. Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Ray Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul. 260187TH ST SIB LLC. the owner of the house 260 187 ST Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. 170 The City of Sunny Isles Beach Department of Planning -and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay -Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul My name Is NATALI ROZA DADON the owner of 19150 n bay rd. Sunny Isles Beach, FL 33160.1 live on the same street from the subject property and I have no objection for the owner, Shlomo Melloul, of 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to increase height variance to his beautiful proposed future home. If you have any questions please feel free to contact me. Sincerely, NATA I R� DON G 171 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul CELINE INVESTMENTS LLC. the owner of the house 332189TH St Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. Sincerely, Date: Z( )2_3 172 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul 331 GOLDEN LLC the owner of 331 188TH ST. Sunny Isles Beach, FL 33160. 1 live in golden shore and I have no objection for the owner, Shlomo Melloul, of 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to increase height variance to his beautiful proposed future home. If you have any questions please feel free to contact me. S.a,� 0 10 Will incerely, Date: --- �- . 1 173 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul My name is JOSEPH ISSACOFF. the owner of the house 18960 N BAY RD Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. Sincerely, .�� ',�. Dat JOSEPH ISSACOFF ._arJ �'�Z -- - . 111- 174 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul My name is YAKOV COHEN. the owner of the house 19000 N BAY RD Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. C...inceYely, YAKOV COHEN Date: 175 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul My name Is JOSEPH ISSACOFF the owner of 18970 n bay rd. Sunny Isles Beach, FL 33160. l live on the same street from the subject property and I have no objection for the owner, Shlomo Melloul, of 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to increase height variance to his beautiful proposed future home. If you have any questions please feel free to contact me. Sincerely, Dat . JOSEPH 1SSACOFF 176 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul 200188TH ST SIB LLC. the owner of the house 200188 ST Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. �i rely, r. TO 177 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul 255 189 SIB LLC. the owner of the house 255189TH TER Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. Sincerely,��. Date: JOSEPH ISSACOFF '�%' ' -� �r23 178 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloui Golden 322 LLC. the owner of the house 322189TH st Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. incerely, Date: 179 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul 215 187TH ST SIB LLC. the owner of the house 215187 ST Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. �m�ep�i- SSS � CB 180 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul 19140 NBR LLC the owner of 19140 n bay rd.. Sunny Isles Beach, FI -33160. I own the house in golden shore and I have no objection for the owner, Shlomo Melloul, of 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to increase height variance to his beautiful proposed future home. If you have any questions please feel free to contact me. inccle`�rely, Date: 181 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul LIA INVESTMENTS LLC the owner of 351188" ST. Sunny Isles Beach, FL 33160. 1 live in golden shore and I have no objection for the owner, Shlomo Melloul, of 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to increase height variance to his beautiful proposed future home. If you have any questions please feel free to contact me. Sincerely, X �ZR:-y �'fn h -k" 1\ao Date: 4-2-3- 23 i 1-YA The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul 250188TH ST SIB LLC. the owner of the house 250188 ST Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. Sincerely,� � / Dat �� 183 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul My name is SHIMRIT MELLOUL the owner of the house 342189TH TER Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. Sincerely, SHIRMIT MELLOUL at-'� Date: ©qb12-3 184 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul 301186TH ST SIB LLC. the owner of the house 301186 ST Sunny Isles Beach, FL 33160 and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. Sincerely, 185 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul BENACHAT MANGEMENT LLC. the owner of the house 18550 N BAY RD Sunny Isles Beach, FL 33160.and I have no objection for the owner of the house 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to obtain variances to increase building height for elevator and staircase over run. If you have any questions please feel free to contact me. Sincerely, 4 A 06F 186 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 Owner: Shlomo Melloul I am AMNON PRI HADASH the owner of 19015 n bay rd.. Sunny Isles Beach, FL 33160.1 live few doors from the subject property and I have no objection for the owner, Shlomo Melloul, of 19020 N. Bay Rd, Sunny Isles Beach, FL 33160 to increase height variance to his beautiful proposed future home. If you have any questions please feel free to contact me. Sincerely, AMNON PRI HADASH J/lDate: I r2 187 SUNNY 1S�E w CITY OF SUNNY ISLES BEACH AyE Ey9'. FL00.�OP,�' NOTICE OF ZONING HEARING c;r ^ao r or suµ NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Sunny Isles Beach, Florida, in the David P. Samson Commission Chambers, Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, Florida on THURSDAY, JUNE 15, 2023 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2023-07 Application: Melloul Residence Applicant: Shlomo Melloul, 19020 NBR LLC Location of Property: 19020 N Bay Rd, Sunny Isles Beach, FL 33160 Size of Property: 0.258 acres (11,250 sq ft) Zoning District: R-1 (Single -Family Residential) Summary: The Applicant, owner of the property, is seeking approval of a variance in relation to the new construction of a single-family home. The proposed variance is to increase the allowable R-1 building height from thirty-five (35') to thirty-nine (39') to accommodate an elevator and staircase overrun for access to the rooftop terrace. Request: Pursuant to Section 265-31 of the City of Sunny Isles Land Development Regulations, the Applicant is requesting a building height variance to increase the maximum building height from thirty-five (35') to forty feet (40'). The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Melloul Residence," prepared by Toma Design Group, Inc., stamped received May 18, 2023, consisting of thirteen (13) sheets. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal: Lot 31, in Block 14, of Golden Shores, Ocean Boulevard Estates, Section `B", according to the Plat thereof, as recorded in Plat Book 51, at Page 15, of the Public Records of Miami -Dade County, Florida. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 or by sending an email to PublicComments@sibfl.net. All comments and questions will be read into the record at the meeting. All comments and questions must be received prior to the commencement of the meeting. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Clerk at 305-792-1703, TTY 305-792-1589 no later than 48 hours prior to the proceedings. 188 A," • &3> r F L t3�q' Qtr r o f S WA fila TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Amy Canales, Planning and Zoning Director June 15, 2023 Zoning Application for a Single Family Home Height Variance for Property Located at 19020 North Bay Road (Application No. PZ2023-07) RECOMMENDATION: Staff has complied the relevant facts, presented in the attached staff report, and recommends the application be presented to City Commission for consideration. REASONS: The Applicant, owner of a property, is seeking approval for one variance in relation to the new construction of a two-story single-family home. The applicant is seeking a height variance for the new single-family home. Specifically, the Applicant is proposing to not exceed thirty-nine feet and ten inches (39'-10") measured from the crown of the road where thirty-five feet (35') is allowed. The height variance will accommodate an elevator shaft and staircase overrun for access of the roof top terrace. ATTACHMENTS: Staff Report Application Packet Letter of Intent Proposed Plans Letters of No Objection Public Hearing Notice Item Number: 6.F 140