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HomeMy WebLinkAboutZoning Resolution 23-Z-200RESOLUTION NO. 23-Z- 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR VARIANCE (APPLICATION NO. PZ2023-06) SUBMITTED BY YAKOV COHEN (THE "APPLICANT") TO ALLOW A VARIANCE DECREASING THE SIDE YARD SETBACK REQUIRED BY §265-31(D)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FROM SEVEN AND A HALF FEET (7.5') TO THREE AND A HALF FEET (3.5') FOR THE NORTH SIDE OF THE PROPERTY, AT THE SINGLE-FAMILY PROPERTY LOCATED AT 275 189TH TERRACE, 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, Yakov Cohen (the "Applicant") submitted a zoning variance application, numbered PZ2023-06 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting the following: 1. Pursuant to Sections 265-31(D)(4) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a decrease of the minimum side yard setback requirement from seven and a half feet (7.5') to three and a half feet (3.5') for the north side of the property; LEGAL: LOT 29, BLOCK 14, GOLDEN SHORES OCEAN BOULEVARD ESTATES SECTION "B", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 51, PAGE 15, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA ADDRESS: 19000 N. Bay Road, Sunny Isles Beach, FL 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 a decrease of the minimum side yard setback requirement from seven and a half feet (7.5') to three and a half feet (3.5') for the north side of the property 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 a decrease of the minimum side yard setback requirement from seven and a half feet (7.5') to three and a half feet (3.5') for the north side of the property 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 "Cohen Residence- New Single -Family Residence", by Toma Design Group, Inc., stamped received May 18, 2023, consisting of 11 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 S. 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 effectiv adoption. PASSED AND ADOPTED this 151h day of Ju �e 2023. Larisa Svechin, Mayor APPROVED AS TO FORM AND LEG S I IENCY: Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: Vl�t ,� J96E44 Seconded by: 'UYA (/(/!i Vote: Mayor Svechin _ (Yes) (No) Vice Mayor Joseph (Yes) _ (No) Commissioner Larna (Yes) , (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) Commissioner Viscarra _.___. (Yes) __^ (No) June 15, 2023 PZ2023-06 yF 99 j�\�. 5'�P FLO c�rY OF suN PCO CITY OF SUNNY ISLES BEACH STAFF REPORT SINGLE-FAMILY HOUSE SIDE SETBACK VARIANCE I. APPLICATION SUMMARY Application Number: PZ2023-06 Application Summary: The Applicant and owner of the property is seeking approval of one variance in relation to the new construction of a single- family home. Specifically, the Applicant proposes reducing the north side yard setback from seven and half feet (75) to three and half feet (3.5'). The setback reduction of four feet (4') will accommodate a spiral staircase for access to the rooftop terrace. Applicant/Owner: II. SITE INFORMATION Location: Property Size: Folio: Yakov Cohen 275 189th Terrace Sunny Isles Beach, FI 33160 ATTN: Martin Litman 19000 N Bay Road 11,250 sq. ft. (0.26 acres) 31-2202-008-0740 Legal Description: Lot 29, Block 14, Golden Shores Ocean Boulevard Estates Section "B", according to the plat thereof as recorded in Plat Book 51, Page 15, Public Records of Miami -Dade County, Florida. 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 was developed with a single-family house in 1954, which has been demolished. A new two-story house is currently under construction. Page 1 of 6 111 June 15, 2023 PZ2023-06 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 is currently constructing a new two-story single-family house with a rooftop terrace. The following variance request will allow for a spiral staircase to encroach into the north side yard setback for access to the rooftop terrace: 1. Pursuant to Section 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance to decrease the required side setback from seven and half feet (7.5') to three and half feet (3.5') for the north side of the property. IV. ZONING REVIEW The plans reviewed are attached and are entitled "Cohen Residence - New Single Family Residence", by Toma Design Group Inc., stamped received May 18, 2023 consisting of eleven (11) sheets. Page 2 of 6 112 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 is currently constructing a new two-story single-family house with a rooftop terrace. The following variance request will allow for a spiral staircase to encroach into the north side yard setback for access to the rooftop terrace: 1. Pursuant to Section 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance to decrease the required side setback from seven and half feet (7.5') to three and half feet (3.5') for the north side of the property. IV. ZONING REVIEW The plans reviewed are attached and are entitled "Cohen Residence - New Single Family Residence", by Toma Design Group Inc., stamped received May 18, 2023 consisting of eleven (11) sheets. Page 2 of 6 112 June 15, 2023 PZ2023-06 1. 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 SETBACK— Shall have the same meaning as "yard." YARD — An open area between a building and a parcel, lot or street easemenVright-of-way line, which is within a parcel boundary, or that area within a parcel between a building and another building. This area shall be unoccupied and unobstructed from the ground upward, except for permitted encroachments otherwise allowed in these LDRs. In measuring a required yard, the horizontal distance from the furthermost projection of the main building shall be used. YARD, SIDE — A yard extending from the front yard to the rear yard, between the side plat line and the required setback line. Every required side yard shall be measured at the closest point between the lot or parcel line and the structure. Comments: These definitions for setback, yard and side yard setback are applied to all buildings and structures in the City, in all zoning districts. 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: 31 feet provided. Complies. (4) Setbacks: a. Front yard: Minimum of 25 feet. Comments: 23 feet provided. Complies. b. Interior side yard: Minimum of 7.5 feet. Page 3 of 6 113 June 15, 2023 PZ2023-06 Comments: Seven feet and half feet (7.5') provided on south side of property. Three and a half feet (3.5') provided on north side of property. Variance requested. c. Corner side yard: Minimum of 15 feet. Comments: Not applicable. d. Rear yard: Minimum of 15 feet for principle use structures. Comments: 29 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: 39% of lot coverage provided and 26.1% 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 6 114 June 15, 2023 PZ2023-06 (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. V. FINAL ANALYSIS Based on the above review, the application is not consistent with the City's Land Development Regulations. The requested side yard setback variance is in relation to new construction and a hardship has not been identified that supports the proposed setback reduction. 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 variance is not necessary to make possible reasonable use of the land, building or structure, as access to the rooftop terrace can be accommodated with a staircase elsewhere on the property, without encroaching into the required setbacks. 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 three (3) 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. VI. CONDITIONS If the City approves this application, the application will be subject to the following conditions set forth below: Page 5 of 6 115 June 15, 2023 PZ2023-06 That the plans in the approval be substantially in accordance with that submitted for public hearing, the plans are entitled "Cohen Residence - New Single Family Residence", by Toma Design Group Inc., stamped received May 18, 2023 consisting of eleven (11) 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 6 116 FLO c�Tr OF 5U14 PCO PUBLIC HEARING APPLICATION Hearing # Date Received Folio Number CITY Op \S ES RECEIVED MAY 18, 2023 PZ2023-06 Cohen Residence I PLANNING & ZONING DEPT. 1. Proposed Project Name: 2. Name of Applicant Yakov Cohen 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 275 189th Terrace City Sunny Is Beach State FL Zip 33160 Tel. # (during working hours) 786-295-4533 e-mail kc2618(a),yahoo.com 4. Name of Property Owner Yakov Cohen Mailing Address 275 189th Terrance City Sunny Isles Beach State FL Zip 33160 Tel. # (during working hours) 786-295-4533 e-mail 0618@yahoo.com 5. 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 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 #29 - Block #14 - Folio 31-2202-008-0740 Golden Shores Ocean Blvd Estates Plat book 51 page 15 Address or location of subject property: 19000 North Bay Rd Sunny Isles, FL, 33160 Size of property: 150 ft ft X 75 ft ft. acres 0.258 acres (11,250 sqft) City of Sunny Isles Beach Public Hearing Application Package Page 4 of 30 117 9. Date subject property acquired Xor leased August day of 15 2020 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): R-1 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 30 118 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 New home is under construction, 50% completed and in 17. Is there any existing use on the property? iXyes ❑ 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 30 119 RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING \SLESe III.,I �,�2 RECEIVED MAY 18, 2023 PZ2023-06 i PLANNING & ZONING DEPT. I hereby acknowledge that I 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 cotntnent for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DEW 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 understand that is my responsibilities as the applicant or applicants representative to promptly follow through with the compliance of DEP, 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 may be 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 will 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, Yakov Cohenignature Print Name Notary: Sworn to and subscribed before me this–.2—day of �a Notary Public -State of Florida Y� 46SAP ME CASSAGNOLREy g t, Notory Public My commission expires J ebLLS taCa of Florida Commit HH359656 spires 2/8/2027 City of Sunny Isles Beach Public Hearing Application Package Page 17 of 30 120 CITY Op \SLESe OWNER OR TENANT AFFIDAVITN�� IOC= FOR INDIVIDUAL RECEIVED STATE OF Public Hearin No. MAY 18, 2023 g PZ2023-06 COUNTY OF PLANNING & ZONING DEPT. Before me, the undersigned authority, personally appeared Yakov Cohen hereinafter the Affiant, who being duly sworn by rne, on oath, deposes and says: 1. Affiant is the fee owner or tenant of the property, which is the subject of the proposed hearing. 2. The subject property is legally described as: 19000 North Bay Rd, Sunny Isles Beach, FL, 33160 3. 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. I understand this application must be complete and accurate before the application can be submitted and the hearing advertized. 4. 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. Wi sses: k tj Signature Affiant's Signature 9J�J- 1 �Izkoy Pint Ame Print Name r nature Print Name Sworn t�sZ=nalGly ubs-ib fA�me n the day of L 20 Affiant knowntas produced as identification. Commission Ex ires:� � 3 City of Sunny Isles Beach Public Hearing Application Package Notary Stamp/Seal) GEMMMA CASSAGNOLPEM Notary Public State of Florida Comm# H11-1359656 Expires 2/8,/2027 Page 7 of 30 121 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 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 0, y �S LES e RECEIVED MAY 18, 2023 PZ2023-06 PLANNING & ZONING DEPT. RE: Cohen Residence: Single Family 2 Story Residence / 19000 N. Bay Rd. Sunny Isles Beach, FL ("Project") Letter of Intent Requesting a Minor Side setback Variance for spiral staircase Dear Mrs. Canales, This Letter of Intent is submitted on behalf of Yakov Cohen ("Applicant"), which is the owner of the property located at 19000 N. Bay Rd. Sunny Isles Beach, FL, 33160 ("Property"). The Applicant is in process of construction of a two (2) story single family home on the Property. The applicant has already obtained a master permit and is 50% completed on construction process. The approved permit plans include an accessible terrace, but does not have approved lateral spiral stair case access. Except for this request of a side setback variance to access roof top, all other aspects of this project are consistent with the development code of the City of Sunny Isles Beach. 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 proposed 2 story single family home under construction. The lot is located almost across the street of the corner of 190th street on North Bay Rd. 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. 122 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 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 6,745 sq. ft. on an 11,250 sq. ft. lot, with a beautiful modern curb appeal and focus on modern architecture. The design for this 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 dark aluminum cladding accents blur lines and distinctly set the house apart. The front vertical aluminum slats are cladding the Vt story garage volume setting the 2nd story volume as a floating independent element creating a framed 2nd floor with beautiful front balconies with views toward N Bay Rd and rear balconies to the western water view. All of these elements bring 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, this concept is for this roof terrace to be accessed from the exterior of the home only. The applicant's goal is to build a beautiful 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 side setback variance along the 150 length of the North side property line. Of the 150 feet long property length, we are requesting only a small 6 feet of that 150 feet to be granted a 4 feet encroachment. Specifically, the Applicant is requesting the following variance: We are seeking a zoning variance to increase the maximum allowable building side setback for only a 6 feet portion of the north side, to place a spiral stair case for needed access to proposed roof terrace space. Criteria points: based on variance standards of review, here below are our particular case items: A. The variance side setback requested is not for the main building being built. The North side, where the main buildings North fagade is located, has a setback that is more than the required 7'-6", the approved main home has an additional 2 feet of separation from property line for a total setback separation of 9'- 6". The side setback request is only for a spiral staircase that would be placed against the North fagade and only the stair case would be encroaching into the side set back, for a total of only 4 feet of the total stair case width, not the entire width would be encroaching, leaving clear circulation space of 3.5 feet between proposed spiral stair case and side property line. The length of the side property is 150 feet long, of those 150 feet, the 4 -foot variance is only for the small foot print of spiral stair case, which has a width of only 6 feet of the total length of the 150 feet of the lot length. We are not seeking any other element or feature of the home to encroach in this request. 123 torna design group inc. 20900 N.E. 30th Ave, Suite # 1001, Aventura, FL, 33180 1786-206-7290 / F.1305 425 0327 / info@tomadesigngroup.com B. We believe that the requested variance for this minor element to encroach, compared to the total length of the property does not modify the design intent, and does not modify the basic intent and purpose of the side setback intentions set forth 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. C. 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. D. The additional side setback distance requested is only for a small portion of the total length and size of the lot and the proposed staircase will be for access of roof purposes only, and will not compromise or change the intent of the side setback 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 side setback variance complies with the requirements for a variance under Section 265-15 of the City Code. Apart from the variance mentioned above, the project complies with all zoning and development standards within the RS -1 zoning district. Cnnclusinn- 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. 124 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19000 North Bay Road, Sunny Isles Beach, FL 33160 Owner: Yakov and Cheryl Cohen My name is Shlomo Melloul, and I am the owner of the house at 19020 N. Bay Road, Sunny Isles Beach, FL 33160, and I have no objection for the owner of the house on 19000 North Bay Road, Sunny Isles Beach, FL 33160 to obtain the request of a 4 ft encroachment of a spiral staircase into the side setback, allowing the encroachment of a 6 ft diameter for the spiral staircase. If you have any questions, please feel free to contact me. Sincerely, Shlomo Melloul, Date: V 6-oG o �� 125 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 31d Floor Sunny Isles Beach, FL 33160 Regarding: 19000 North Bay Road, Sunny Isles Beach, FL 33160 Owner: Yakov and Cheryl Cohen My name is Shimon Bouskila, and I am the owner of the house at 272 189 Street, Sunny Isles Beach, FL 33160, and I have no objection for the owner of the house on 19000 North Bay Road, Sunny Isles Beach, FL 33160 to obtain the request of a 4 ft encroachment of a spiral staircase into the side setback, allowing the encroachment of a 6 ft diameter for the spiral staircase. If you have any questions, please feel free to contact me. Sincerely, Shimon Bouskila, Date: C6 -u6- oloa3 126 The City of Sunny Isles Beach Department of Planning and Zoning 18070 Collins Avenue, 3rd Floor Sunny Isles Beach, FL 33160 Regarding: 19000 North Bay Road, Sunny Isles Beach, FL 33160 Owner: Yakov and Cheryl Cohen My name is Shlomo Melloul on behalf of 19140 NBR LLC, and I am the owner of the house at 19140 N. Bay Road, Sunny Isles Beach, FL 33160, and I have no objection for the owner of the house on 19000 North Bay Road, Sunny Isles Beach, FL 33160 to obtain the request of a 4 ft encroachment of a spiral staircase into the side setback, allowing the encroachment of a 6 ft diameter for the spiral staircase. If you have any questions, please feel free to contact me. 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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 #: PZ2023-06 Application: Cohen Residence Applicant: Yakov Cohen Location: 19000 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 for a variance in relation to the new construction of a single-family home. The proposed variance is to decrease the R-1 side setback for the north side of the property from seven and a half feet (7.5') to three and a half feet (3.5') to accommodate a spiral staircase. Requests: 1. Pursuant to Sections 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a side setback variance to decrease the required side setback from seven and half feet (7.5') to three and half feet (3.5') for the north side of the property. The plans reviewed are on file and may be examined in the City Clerk's Office. The plans are entitled "Cohen Residence - New Single Family Residence", by Toma Design Group Inc., stamped received May 18, 2023 consisting of eleven (11) sheets. Plans are subject to revision -based comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal: Lot 29, Block 14, Golden Shores Ocean Boulevard Estates Section `B", according to the plat thereof as recorded in Plat Book 51, Page 15, 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. 139 y+° r t F L O' �Qh f�Y of sup+ hey TO: VIA: FROM: DATE: RE: U -C 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 - Side Setback at Property Located at 19000 North Bal Road (Application No. PZ2023-06) 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 the property, is seeking approval for a variance in relation to a new single- family home, which is currently under construction. The applicant is seeking a side setback variance for the north side of the property. Specifically, the Applicant is proposing to have a side setback variance of three and half feet (35) where seven and half feet (7.5') is required on the north side of the property. ATTACHMENTS: Staff Report Application Packet Letter of Intent Letters of No Objection Proposed Plans Public Hearing Notice Item Number: 6.E 110