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HomeMy WebLinkAboutZoning Resolution 24-Z-206RESOLUTION NO. 24-Z-2X(o A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DENYING A VARIANCE INCREASING THE MAXIMUM GAZEBO SIZE OF SECTION 265-45 OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FROM ONE HUNDRED FIFTY SQUARE FEET (150 SQ.FT.) TO TWO HUNDRED AND SEVENTY- EIGHT SQUARE FEET (278 SQ.FT.); DENYING A VARIANCE REDUCING THE GAZEBO SETBACK REQUIREMENTS OF SECTION 265-45 OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FROM SIX (6') FEET TO ZERO FEET (0') FROM THE SIDE AND REAR LOT LINES; APPROVING A VARIANCE DECREASING THE MINIMUM LANDSCAPING AND GREEN AREA REQUIREMENT OF §265-31 OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FROM TWENTY-FIVE PERCENT (25%) TO FOURTEEN AND SIXTEEN HUNDREDTHS PERCENT (14.16%) OF THE TOTAL LOT AREA, AT THE SINGLE-FAMILY PROPERTY LOCATED AT 241189 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, Hernan R. Recalde (the "Applicant") submitted a zoning variance application, numbered PZ2023-17 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting the following: 1. Pursuant to Section 265-45 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance to increase the maximum gazebo size from one hundred and fifty square feet (150 sq. ft.) to two hundred and seventy-eight square feet (278 sq. ft.). 2. Pursuant to Section 265-45 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance to reduce the gazebo setback from six feet (6') to zero feet (0') from the side and rear lot lines. 3. Pursuant to Sections 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a decrease of the minimum landscaping and green area requirement from twenty-five percent (25%) to fourteen and sixteen hundredths percent (14.16%), of the total lot area. LEGAL: LOT 20, Block 8, Golden Shores Ocean Boulevard Estates, Section B, According to the Plat Thereof, As Recorded in Plat Book 51, Page 15 of the Public Records of Dade County, Florida. ADDRESS: 241 189 Terrace, 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 Staff Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on January 18, 2024, 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, in limited part, meets the criteria for variance under the Land Development Regulations and the Comprehensive 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 Plan of the City, the City Commission makes the following findings and conclusions: The application for a variance approval seeking an increase in the maximum gazebo size from one hundred and fifty square feet (150 sq. ft.) to two hundred and seventy-eight square feet (278 sq. ft.) is not consistent with the City's Comprehensive Plan and not generally consistent with the City's Land Development Regulations. The application for a variance approval seeking a reduction in the gazebo setback from six feet (6') to zero feet (0') from the side and rear lot lines is not consistent with the City's Comprehensive Plan and not generally consistent with the City's Land Development Regulations. The application for a variance approval seeking a decrease of the minimum landscaping and green area requirement from twenty-five percent (25%) to fourteen and sixteen hundredths percent (14.16%) of the total lot area is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. 2 Section 3. Approval. The Applicant's request for approval of a decrease of the minimum landscaping and green area requirement from twenty-five percent (25%) to fourteen and sixteen hundredths percent (14.16%) of the total lot area, is hereby APPROVED, subject to the following conditions: That the plans in the approval be substantially in accordance with that submitted for public hearing, the plans are "Boundary Survey," by MAQ Services, Inc. stamped received December 27, 2023, consisting of two 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 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. 4. That the Applicants comply with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. Section 4. Denial. The Applicant's request for approval of an increase in the maximum gazebo size from one hundred and fifty square feet (150 sq. ft.) to two hundred and seventy-eight square feet (278 sq. ft.) and a reduction in the gazebo setback from six feet (6') to zero feet (0') from the side and rear lot lines are hereby DENIED. Section 5. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 6. 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 adoption. 3 PASSED and ADOPTED this I(Aay of January, 2024. CITY OF SUNNY,ISLES BEACH, FLORIDA .4 By its City dommission By: Larisa Svechin, Mayor ATTES Maurl�cio Netancdr, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Allain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: l ,s d2 U f Seconded by:6)0,k141, 7/o �� /C08 Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra rl '/ (Yes) (No) (Yes) (No) (Yes) (No) (Yes) _(Yes) (No) (No) January 18, 2024 PZ2023-17 /NNY /SSR CITY OF SUNNY ISLES BEACH 9 STAFF REPORT V V 2 SINGLE-FAMILY HOUSE tiF 99'# F`°��� ��P GAZEBO AND GREENSPACE VARIANCES c'TY OF SUN PNO I. APPLICATION SUMMARY Application Number: PZ2023-17 Application Summary: The Applicant, owner of the property, is seeking approval of variances in relation to completed renovations and additions to a single-family home. The proposed variances are to increase the allowable maximum gazebo size, to allow the gazebo to stay on the property line as -built, and to decrease the minimum required landscaped green area. Applicant/Owner: Hernan R. Recalde 241 189 Terrace Sunny Isles Beach, FI 33160 Page 1 of 8 10 January 18, 2024 PZ2023-17 II. SITE INFORMATION Location: 241 189 Terrace Property Size: 7,500 sq. ft. (0.17 acres) Folio: 31-2202-008-0590 Legal Description: Lot 20, Block 8, Golden Shores Ocean Boulevard Estates, Section B, According to the Plat Thereof, As Recorded in Plat Book 51, Page 15 of the Public Records of Dade County, Florida. Site Description: The property is a rectangular lot in the Golden Shores residential neighborhood that has frontage on 189th Terrace. Site History: A single-family house was constructed on the property in 1951. A building permit for pavers in the backyard of the property was approved in 2005 (permit B0000-0500609). In 2016, the Applicant submitted a building permit for interior renovation and first and second -floor additions (permit 2016-1302). The scope of the proposed work triggered the entire site to be in compliance with the zoning code regulations. Therefore, the landscaped green area and setbacks were required to be met. The permit plans were adjusted and approved with demolition of the existing gazebo and removal of some pavers to comply with zoning code requirements. The additions and interior renovations have been completed; however, the Applicant is seeking approval to keep the gazebo and pavers as -built instead of removing them. This has resulted in the request for three variances, in effort to have the 2016 permit closed. 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 Page 2 of 8 11 January 18, 2024 PZ2023-17 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: 111. REQUEST The Applicant renovated and constructed additions to the existing single-family house, including adding a second story. The building additions expanded the footprint of the house and therefore triggered compliance with zoning code requirements for green area and setbacks. The following variance requests will allow the existing gazebo and pavers on the property to remain as -is: 1. Pursuant to Section 265-45 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to increase the maximum gazebo size from one hundred and fifty square feet (150 sq. ft.) to two hundred and seventy-eight square feet (278 sq. ft.). 2. Pursuant to Section 265-45 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to allow the gazebo to reduce the gazebo setback from six feet (6') to zero feet (0') from the side and rear lot lines. 3. Pursuant to Section 265-31 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to decrease the required landscaping and green area from twenty-five percent (25%) to fourteen and sixteen hundredths percent (14.16%) of the total lot area. IV. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Boundary Survey," prepared by MAQ Services, Inc., stamped received December 27, 2023, consisting of two (2) 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. 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: Page 3 of 8 12 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 Single-family home R-1 Low Density Residential 111. REQUEST The Applicant renovated and constructed additions to the existing single-family house, including adding a second story. The building additions expanded the footprint of the house and therefore triggered compliance with zoning code requirements for green area and setbacks. The following variance requests will allow the existing gazebo and pavers on the property to remain as -is: 1. Pursuant to Section 265-45 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to increase the maximum gazebo size from one hundred and fifty square feet (150 sq. ft.) to two hundred and seventy-eight square feet (278 sq. ft.). 2. Pursuant to Section 265-45 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to allow the gazebo to reduce the gazebo setback from six feet (6') to zero feet (0') from the side and rear lot lines. 3. Pursuant to Section 265-31 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to decrease the required landscaping and green area from twenty-five percent (25%) to fourteen and sixteen hundredths percent (14.16%) of the total lot area. IV. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Boundary Survey," prepared by MAQ Services, Inc., stamped received December 27, 2023, consisting of two (2) 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. 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: Page 3 of 8 12 January 18, 2024 PZ2023-17 ■ Sec. 265-45.F. Accessory uses - Gazebos. (1) No gazebos shall be permitted within the required front yard area, or within utility, drainage or access easements. Comments: Gazebo is located within the backyard and not within an easement. Complies. (2) Gazebos must be set back at least six feet from the side and rear lot lines: Comments: Does not comply, the existing gazebo is setback zero feet from the side and rear lot lines. Variance requested. (3) No gazebo shall have an area (footprint) larger than 100 square feet per 5,000 square feet of lot area: Comments: Does not comply, the existing gazebo is 278 sq. ft., whereas the maximum allowed for the subject site size is 150 sq. ft. Variance requested. (4) No gazebo shall have a height larger than 35 feet. Comments: Gazebo height is not larger than 35'. Complies. ■ Sec. 265-31.D. (5) Single -Family Residential (R-1) site development standards. - Landscaping and green area. (1) 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: Does not comply, the existing landscaping and green area is 14.16% of the total lot area (1,061.64 sq. ft.), whereas 25.00% (1,875.00 sq. ft.) is required. This is a delta of 814 sq. ft. Variance requested. 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, Page 4 of 8 13 January 18, 2024 PZ2023-17 (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, (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 (LDR's). To be in compliance with LDR's, the Applicant would need to remove approximately 814 sq. ft. of impervious area from the site and reduce the size of the gazebo and remove the structure from the setbacks. The property does not have a special condition or circumstance that is not applicable to other properties in the neighborhood, as the majority of surrounding properties are the same size and shape. Therefore, there is not a hardship that supports the proposed landscaped green area reduction or gazebo variances. The proposed variances are not necessary to make possible reasonable use of the land, building or structure. The property can continue to be enjoyed as a private residence, while meeting the landscaped green area and gazebo requirements. 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. Page 5 of 8 14 January 18, 2024 PZ2023-17 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: That the plans in the approval be substantially in accordance with that submitted for public hearing, the plans are "Boundary Survey," by MAQ Services, Inc. stamped received December 27, 2023, consisting of two 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 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. 4. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. Page 6of8 15 ROOM 77,- � SVNNY /SFJ' iO iy OP t tiE 9�i FLOC\ S0 C, rr of SUN PNO K 3 4. 5. W PUBLIC HEARING APPLICATION Hearing # Date Rece Folio Nur v0` IISMISC )tt'p�, �'`�"Fdl H 1"'.""E'D Proposed Project Name: '1z©'A P PLANNING & ZONING DEPT City of Isles beach, FL Name of Applicant 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. Applicant Mailing Address 2t4l 11? 1, * 'T City mq 15Ly? ehgj State ' G.0 F I -zip-a' I Tel. # (during working hours) — ,O qq 112 3 e-mail 4 Rte CN LVe0_ LOP 95 Coyl Name of Property Owner MC A I-Ve, City %)))W uLt<s rbe- ctl State Tel. # (during working hours) Contact Person Mailing Address City �30rjpj 1S1;_�' Tel. # (during working e -mai 03 es, wm 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. lroi 10) pLocw 8} cnoowJ Gi4eizes ODinsoAfk7 ESrA`r65, sEcve1J a AccoRytNy c0rpt Pc�r rtt>✓e FolL cz eo�p�p iA f T- t3oc�V/ sl, ('ACE 1. DE f7fl , 001211(: r..Seon➢S UE -9612e 7. Address or location of subject property: SUNo�� ISLES �3e�c�-E Vit, 3�� 1��J �1231WYO 8. Size of property: Int) ft. x City of Sunny Isles Beach Public Hearing Application Package Page 4 of 30 18 9. Date subject property acquired or leased iii day of1Ni�kt'� term of lease 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". 09 11. Is there an option to purchase ❑or lease ❑ the subject property or property contiguous thereto? Yes or 'YLNo If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 12. Present zoning classification (s): R—) 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 X no If yes, applicants name Date of Nature of hearing Decision of hearing Resolution # City of Sunny Isles Beach Public Hearing Application Package Page 5 of 30 W, 15. Is this hearing being requested as a result of violation notice? ❑ yes 'Ok no If yes, give name to which violation notice was served Nature of violation 16. Are there any existing structures on the property? K yes ❑ no If yes, briefly describe Vtod`.j%) '}'Wj -6k-ea, �) q 2jshW 17. Is there any existing use on the property? 6) yes ❑ no If yes, what is the use and when was it established? Estab City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30 20 OWNER OR TENANT AFFIDAVIT FOR INDIVIDUAL STATE OF -TL.0ml,l9A- Public Hearing COUNTY OF �q.k'Dts �91 YlR9l.� C E Pbj� 11Y.,i1A: .itL; NOV I PZ2o 7 0 NIP',,,G 1)EP..rr City of Sunny isles Before me, the undersigned authority, personally appeared A SIP," W R8 ark LP f - , hereinafter the Affiant, who being duly sworn by me, 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: LQ*T 20 t i3 LOCtrC 96oz-V EI,( 5 W -S 8 LV 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. Witnesses: Signature Affiant's Signature Print Name Signature Print Name t�RA.) /1 � Cfa /a JE Print Name Sworn to and subscribed before me on the ada�yy olf �� , 20 2- 3 Affiant is personally known tome or has produced t 75 -(-/ -0SG -&s identification. Commission Expires: City of Sunny Isles Beach o.� /D 1 /�oD r-? Public Hearing Application Package Page 7 of 30 21 RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNIN A1� ^fSLL'f! { 1�Y{� lT:l4''.1 � V '�� ���t.�.:.7ii ,� F� � ilk �:,:c �.�us3a6�� I:.:urq :s9 i$u:.tm t^ -c:. �i 'i7}�J NOV „ 3 ,� I hereby acknowledge that I am aware of the preliminary review of plans of tl e propo e .pro�ect.by.�_.._d .._.._:..1 the Department of Environmental Protection (DEP) and/or the Departm 0 1 o N G' Resources Management (DERM), the Florida Department of Transportation )D T y qui}4 c F the Miami -Dade County Fire Department (MDFD) for the staging area of the opose ro}ect a ong------- 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 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 maA not be the tal cost of the hearing and that I will be advised of any other fees that can be ass d with 'public hearing application. // // � ' C Print Name Notary: Sworn to and subscribed before me this 0_day of PJ 6U' , L"02-3 City of Sunny Isles Beach ai?`'sYP"ko LUCRECHAJUMPER MY COMMISSION # HH 368103 FXPIRF.R,AAarnh1 097 My commission expires 6`3 A / /?" Public Hearing Application Package Page 17 of 30 22 Hernan Recalde Letter of Intent Date: ---f--2�----- VIA HAND DELIVERY The City of Sunny Isles Beach 18010 Collins Avenue Sunny Isles Beach, FL 33160 Re: VARIANCES — Accesory Uses 24118911 Terrace Sunny Isles Beach, FL 33160 (786)325-4375 E C ILE` I "Vff E -- I NOV 1 ?023 F7 2,0231-- PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL Address: 241 189TH TERRACE, SUNNY ISLES BEACH, FL 33160 LOT 20, BLOCK 8, Golden Shores, Section B, Plat Book 51, Page 15 Public Records of Dade County, FL Dear Sirs: I, the undersigned homeowner of my single family home located at the above designated address, respectfully submit this Letter of Intent to seek a variance of my gazebo to allow the gazebo to stay "as built" it will undue hardship having to tear it down after 18 years. It does not represent any dander or risk and does not interfere with my neighbors' property. For this reason I.respectfully request of variance so my gazebo stays in place as built and request to keep the gazebo within the property setbacks: rear setback and side setback. I recently found out that the total Mount of green space to be held in a property is the 25%. My lot is 7,500 sqft and currently I comply with the % of green space since I cannot count on the green spaces that correspond to the city and are located in front of the property. The front green space has been establish d as is since the 1999 the date that I bought the house. I respectfully request to maintain the 2\% as is. Thank you for your consideration Sinc ly, f e'rnan Recal'de Property Owner (305)498-1123 Attaches: 23 PAGE 1 OF 2 JLC/CA TR(aN C/CAPR(aN S\E(CH NOT VALD WrIMOUT PACE 2 OF 2 SCALEINTS JOB No. 23-06241 CLIENT: HERNAN RECALDE & MARTA RECALDE _— PROPERTY ADDRESS 241 189 TER, SUNNY ISLES BEACH FL 33160 LEGAL DESCRIPTION: (FURNISHED BY CLIENT) LOT 20, BLOCK 8 SUBDIVISION GOLDEN SHORES OCEAN BLVD ESTATES ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK — 5 1-- AT PAGE Is OFTHE PUBLIC RECORDS OF _ MIAMI—DADE COUNTY, FLORIDA. SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT—OF—WAY OF RECORD, UNDERGROUND ENCROACHMENTS IF ANY, NOT LOCATED. SURVEYOR'S NOTES: I- IF SHOWN, BEARINGS AND ANGLES ARE REFEREED TO SAID PIAT IN LEGAL DESCRIPTION. 2- THE RELATIVE CLOSURE IN THE FIELD MEASURED BOUNOARY IS BETTER TIM: 1 FOOT IN 7.500 FEET: LINEAR (SUBURUAN). 3-) A TIRE REPORT WAS NOT PROMDED FOR JIBS SURVEf. THERETORE, THERE MAY BE RESTRICTIONS ON THIS PARCEL THAT ARE NOT SHOWN THAT MAY BE FOUND IN THE PUBLIC RECORDS OF MAOI-DADE COUNTY, FLORIDA NO EXPRESSED OR IMPLIED DETERMINATION OF TITLE OR OWNERSHIP TO THE LAND DESCRIBED IS MADE. 4-) THERE MAY BE UNDERGROUND UTILITY LOCATIONS AND SUBSURFACE FEATURES WITHIN THE PARCEL THAT ARE HOT SHAWN, THERE 1S No VIME SURFACE OR OVERHEAD ENCROACHMENT, OTHER DUN SHOWN ON THIS SURVEY. S-) T 15 A VIOLATION OF RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SUM DRAWING WITHOUT THE PRIOR WRITTEN CONSENT OF THE SURVEYOR, 6-) INFORMATION OF TREE IF PROVIDED: DIAMETER (0), HEIGHT (11), CANOPY SHADE (CS). All NAMES ARE NOTED TO SURVEYORS ABILHY. SURVEYOR IS NOT All ARUORIST AND CANNOT PROVIDE SCIENTIFIC NAMES OF TREE AND OR PLANTS. - - 7-) SUMT.YOR DOES NOT DETERMINE OHNE'RSHIP OF FENCE, ONLY EXISDNG LOCATION 15 REPRESENTED. 8-) FLOOD ZONE DETERMINATION MUST BE CONFIRMED BY AUTHORIZED OFFICIAL PRIOR TO CONSTRUCTION AND/OR DESIGN, ELEVATION INF-ORMATIQNr BASED ON THE FLOOD INSURANCE RATE MAP OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY DATED OR REVISED ON 09-11-09 THE HEREIN DESCRIBED PROPERTY IS SITUATED WITHIN ZONE AE BASE FIORD ELEVATION 7.00 COMMUNITY 120688 PANEL NUMBER 0153 SUFFIX L ELEVATIONS(WHEN SHOWN) REFER TO N.G.V,D.. 1929 DATUM. COUNTY BENCHMARK USED A -5-R ELEVATIONS 5.98' FEET B.M. LOCATION NE 189 ST COLLINS AVE MAO SERVICES, INC. CE FMF EO TO HERNAN RECALDE & MARTA RECALDE SURVEY DATE: 02-08-2016 SURVEY WE. 06-05-2023 Professional Land Surveyors, Mapper CERTIFICATE Na.LB. 8064 STATE OF FLORIDA Main Una: (305) 1317 Fax: 1 23 9Y: LEONARDO MAQUEIRA, P.S.M CERTIFICATE N0 .1 -S,-6992 STATE OF FLORIDA VAUD WITHOUT THE SIGNATURE. DATE AND THE ORIGINAL. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND TRAPPER.- .� 7E111IACIRA AVE W � YACHT CLUB WAY .J ----� / f�417 Q� 444 _!_o S_ T ��-- WM LEHMAN Cy 191ST SLS _ 189TH --- �' .\ `� -�� 9 PROPERTY ST J 1 7TH ST 2 RECEIVED 0 PZ2023.17 DEC 27 2023 \184TH $1 PLANNING & ZONING DEPT. 183RD ST LA �ed2 O ...-_._.. JOB No. 23-06241 CLIENT: HERNAN RECALDE & MARTA RECALDE _— PROPERTY ADDRESS 241 189 TER, SUNNY ISLES BEACH FL 33160 LEGAL DESCRIPTION: (FURNISHED BY CLIENT) LOT 20, BLOCK 8 SUBDIVISION GOLDEN SHORES OCEAN BLVD ESTATES ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK — 5 1-- AT PAGE Is OFTHE PUBLIC RECORDS OF _ MIAMI—DADE COUNTY, FLORIDA. SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT—OF—WAY OF RECORD, UNDERGROUND ENCROACHMENTS IF ANY, NOT LOCATED. SURVEYOR'S NOTES: I- IF SHOWN, BEARINGS AND ANGLES ARE REFEREED TO SAID PIAT IN LEGAL DESCRIPTION. 2- THE RELATIVE CLOSURE IN THE FIELD MEASURED BOUNOARY IS BETTER TIM: 1 FOOT IN 7.500 FEET: LINEAR (SUBURUAN). 3-) A TIRE REPORT WAS NOT PROMDED FOR JIBS SURVEf. THERETORE, THERE MAY BE RESTRICTIONS ON THIS PARCEL THAT ARE NOT SHOWN THAT MAY BE FOUND IN THE PUBLIC RECORDS OF MAOI-DADE COUNTY, FLORIDA NO EXPRESSED OR IMPLIED DETERMINATION OF TITLE OR OWNERSHIP TO THE LAND DESCRIBED IS MADE. 4-) THERE MAY BE UNDERGROUND UTILITY LOCATIONS AND SUBSURFACE FEATURES WITHIN THE PARCEL THAT ARE HOT SHAWN, THERE 1S No VIME SURFACE OR OVERHEAD ENCROACHMENT, OTHER DUN SHOWN ON THIS SURVEY. S-) T 15 A VIOLATION OF RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SUM DRAWING WITHOUT THE PRIOR WRITTEN CONSENT OF THE SURVEYOR, 6-) INFORMATION OF TREE IF PROVIDED: DIAMETER (0), HEIGHT (11), CANOPY SHADE (CS). All NAMES ARE NOTED TO SURVEYORS ABILHY. SURVEYOR IS NOT All ARUORIST AND CANNOT PROVIDE SCIENTIFIC NAMES OF TREE AND OR PLANTS. - - 7-) SUMT.YOR DOES NOT DETERMINE OHNE'RSHIP OF FENCE, ONLY EXISDNG LOCATION 15 REPRESENTED. 8-) FLOOD ZONE DETERMINATION MUST BE CONFIRMED BY AUTHORIZED OFFICIAL PRIOR TO CONSTRUCTION AND/OR DESIGN, ELEVATION INF-ORMATIQNr BASED ON THE FLOOD INSURANCE RATE MAP OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY DATED OR REVISED ON 09-11-09 THE HEREIN DESCRIBED PROPERTY IS SITUATED WITHIN ZONE AE BASE FIORD ELEVATION 7.00 COMMUNITY 120688 PANEL NUMBER 0153 SUFFIX L ELEVATIONS(WHEN SHOWN) REFER TO N.G.V,D.. 1929 DATUM. COUNTY BENCHMARK USED A -5-R ELEVATIONS 5.98' FEET B.M. LOCATION NE 189 ST COLLINS AVE MAO SERVICES, INC. CE FMF EO TO HERNAN RECALDE & MARTA RECALDE SURVEY DATE: 02-08-2016 SURVEY WE. 06-05-2023 Professional Land Surveyors, Mapper CERTIFICATE Na.LB. 8064 STATE OF FLORIDA Main Una: (305) 1317 Fax: 1 23 9Y: LEONARDO MAQUEIRA, P.S.M CERTIFICATE N0 .1 -S,-6992 STATE OF FLORIDA VAUD WITHOUT THE SIGNATURE. DATE AND THE ORIGINAL. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND TRAPPER.- PAGE 2 OF 2 Nor VALID mmouT PACE I OF 2 MAO SERVICES, INC. J06 No. _23-06241 Prafasulonal Land Sumayora. Mapper CERTIFICATE No.LB. 8064 SCALER I' = 20' STATE OF FLORIDA IdOlF x: (3 5) 9 90132317 ]•r;�O MUR 7/- rYq TF 'iF'1'r-h'CC )7'y`F'�� Fax: (305) 901-1323 JLLF1ilf II\`..�I'I� \1`LY L\�\J I\ISII'I 11 LK�.v �9 LOT 12 LOT 11 BLOCK 8 LOT 10 BLOCK 8 BLOCK 8 0 6' PLASTIC o w FENCE 175.0 0' R&M) P.P. Fnd.I.P. 0112" Fnd.I.P,PAVERS 0112° CBS wl', II 1 ii TIS r: i n 1 a SHED 26 4 O e:" O POOL ,�III I N 'I,1 Ill I , Ji � II i�i' "�lil'lll'i{15�t>. m, .L41'rtl,u'�f,I I 12 SO i�'I I I � I,J IIIIi�,r Srrl,li��1u1i1IL I I�I -Art , I`'iiill r� t au _?'fr{,� 6' Rv. IhL4 I oD`� L❑f 20u 2':BLOCK81 P4AVERS �tuji4 n l 11 a r4D , iYl �,f .. ' fi0.tfi' rn 74 I - 1.48' iy tii 2D nLIT 3 y mc) o TWO STORY o RESIDENCE LOT 19 a BLOCK 8 #241 o � p ;6rxF.FL.EL. 5.61 (p PO a W N LOT 21 ':�a " ;I, ,` o 'I BLOCK 8 got I,. i',:,' D.33' I, i. 7:60? 49.10 PORCH- 7.15' - h�6 AVERS � '90. u DRIVEI4AY � N Fnd.I.P. 4' M.F.- 0112" Fnd.I.P. �p 23.00 01 " PA RS c 27.00' :.:::••..................r:............ I B.00 ••: »M- .......... ��•`•-':iiia'. �`6: �r'::?:�:'�ii ............................... _ 9th T_ ERRA .................................................................. OTAL ) T 50 ,I LEGEND AND ABBREVIATIONS E.M. . ELECTRIC NEPER L'iIll u CONCRETE FOUNDATION P.I. a POINT OF INTERSECTION A - CENTRAL ANGLE OVERHEAT ELECTRIC = ELEVATION - . RN, = FOUND NAIL RR.0 > POINT OF REVERSE CURVE // WOOD FENCE C-Q� UTILITY CONC. POLE ORWY.•- DRIVEWAY P.O.C. POINT OF COMMS -CEMENT P.C. - POINT OF CURVATURE —X—CHAIN LINK FENCE U.P. - UIDIIY-POTS N F.O.H. + FOUND DRILL HOLE FXO. - FOUND NNL/OISK ®-C.O.S. WALL WATER METER D.O,B. = BASIS OF BEARINGS P.T. v POINT OF TANGENCY P.C.C. = POINT OF COMPOUND CURVE B/C =BLOCK CORNER A/C + AR CONDITIONING PAD E.114, - ENCROACHMENT M/L + MONUMENT LINE R - RADIUS A - ARC DISTANCE F.N. - TIRE HYOF WT N.O.V,D.- NATIONAL GEODETIC VERTICAL DATUM PAD. - RADIAL BLDG. = BUILDING F.I.P. FOUND IRON PIPE O.E. > OVERHEAD ELECTRIC UNE RES. RESIDENCE C.B. - CATCH BASIN RLR. - FOUND REBAR P,B. - PLAT BOOK R/W - RIGHT OF WAY C.B.S. - CONCRETE BLOCK STRUCTURE I.F.E. = LOWEST FIAOR ELEVATION P.C.P. - PERMANENT CONTROL POINT SEC. SECTION CH. - CHORD DISTANCE I.P. w LIGHT POLE P.G.- PAGE S.I.P. - SET IRON PIPE CL, - CLEAR (m) - MFISURED P.O.B. POINT OF BEGINNING STY = STORY C/L - CENTER UNE (R) - RECORD P/L - PROPERTY UNE SWK - SIDEWALK CONC. - CONCRETE (R A DI- RECORD k MEASURED N.T.S. + IKOT TO SCALL UE + UTILITY EASEMENT 25 PAGE 2 OF 2 MAO SERVICES INC. NOT VAl1D WITHOUT PAGE ' 2 ' JOB No. _ 23-06241 Professional Land Surveyors, Mapper CERTIFICATE No.LB, 8064 SCALE, 1' = 20' STATE OF FLORIDA Main Un901-1377 ( ��T'r •TI"S� �r'n"�� �t 7T rP•q '� JJj�'II-�v9� Fax: (305)5) 9 901-1323 I`14 fII,IIL\XVII II IL.!/I1 \J`L� h\1\ly lt_d LOT 12 LOT 11 BLOCK 8 LOT 10 BLOCK 8 BLOCK 8 6' PLASTIC 0 o w FENCE 75.00' (R&M) P.P. Fnd.I.P. rtisy4,5ti: , ,r 'rfiu 4 i r}'t{�t }tib` , rlr5�` OJ12„ SrE, ,•,•r,S'l,,%2" 011CBS 5'y'S, fYr= i,`' • y1 <v SIM �d4S ., SH��. 'rte•' •y,,,lh,.r�;., �'`' Cv r 7'4�7;� 4.30' r ,1!SY1 POOL i S:ryut� 5 i AD ,,?r15 h 4 rl,,' Ir' 'I'h'S'' �' r � i'ititi;,�ii' � tii'i t Yi, rr � •� y4� irirfy'L�t� , I 2.50' ra u,.u5 i�ti 7 r , ,, hrL;r1L '�-,'•`it'`'Y}}lPa; r- rj, fi'r r'i'i5�5r ' m-y�o20II rl ' L❑ I, 6' P.V. h�21 1Ima1! �5 ',�ro;;,tJ"�ya,'i�h� }a�1 ' '; I 0Z q; ii� hr rr: i;55iu'r4 r;'h4 n u "r� ti;; i45;a' 60.16' m 1.48 ;' z bl m " TWO STORY o °o LOT 19 Sf RESIDENCE Ca 00 ; #241 BLOCK 8 4�'' F.FL.EL. 5.61 u 90 rr w N LOT 21 it , o v 5 BLOCK 8 5 f 0.33' 4, I rL 7.60'r PORCH � W �6 PAVERS yo. DRNEWAY Fnd.I.P. 4' M,F.. �J 0112" Fnd.I.P. �p 23.00' 01 " 75.00' (R&M) PAVERS ....................................... ......::::::. �:••::•iiir:•:S •: .:::�:......... 18.00 .....:�:`:•:ii ?:�: r:::�r:;i•:^ :•.:^ :.................. ::::{iic:i:'::^E}:.:i^:::?i}:'::i•:r'isi?}:ri'•''i:•':::.::i::::�:::::'�4t ^'..... ...,r::: •: :•:: .^.^::: ..... :: ......... ........ ....... •:•::::�::�..............'�:::•::.�:::.:.:�::.;::::.:RACE��;�;�. .:;•:•:�'�':::�:;:•:;::::::��;:•::•::�:�•:':'•::�:•:::;..:';'::�::'•:.�:�:�:::189th TER........::"..::::�:::::.:��:•:::;:�:y,--.�..'•-•::;:::;•::•:;�::::•::.::�:•::::':�':•;::'•:.: �---•- ....:......:.::.::i :;{ ...................::..i.::::..: v 20 ASPj1AIT,PAVEMENT.::fi:•::..::::.:;•::::?::•:•::......'.::::•:•r:.:::::•::•::.::::Fh::::•:• :.:�:.r.:..:a:::l....::_'•:.':�:::'.;"•:,':�:�•::�::�r`�i':�:iii;;i:':::?ii;;�;�::::: ..........:......... ■ Total Lot Area: 7,500.00 square feet ■ Landscaping and Green Area - Required: 1,875.00 square feet (25.00%) - Existing: 1,061.64 square feet (14.16%) LEGEND AND ABBREVIATIONS ®v CONCRETE FOUNDATION E.M. ELECTRIC METER , P.1. v POINT OF INTERSECTION A CENTRAL ANGLE OVERHEAD ELECTRIC - j = ELEVATION • ,;`F.N. - FOUND NAIL P.R.0 = POINT OF REVERSE CURVE //—v WOOD FENCE CaQ Mme. CONC. POLE ORWY • DRIVEWAY P.O.C. - POINT OF COMMEN-CEMENT P.C. - POINr OF CURVATURE-X--CHA,N LINK FENCE U.P. - UTILITY POLE F.D.H. v FOUND DRILL HOLE F.N.O. v FOUND NAR/OISK ®-C.B.S. WALL ® WATER METER B.O.B. = BASIS OF BEARINGS P.T. v POINT OF TANGENCY P.C.C. = POINT OF COMPOUND CURVE BIG -BLOCK CORNER A/C = AIR CONDITIONING PAD E.N.C. ENCROACHMENT M/L MONUMENT UNE R v RADIUS A v ARC DISTANCE F.H. FIRE HYDRANT N.G.V.D.- NATIONAL GEODETIC VERTICAL DATUM RAO. v RADIAL BLDG. - BUILDING F.I.P. v FOUND IRON PIPE O.E. OVERHEAD ELECTRIC UNE RES. RESIDENCE C.B. -CATCH BASIN F.I.R. - FOUND REDAR P.B. PLAT BOOK R/W = RIGHT OF WAY C.B,S. = CONCRETE BLOCK STRUCTURE I.F.E. v LOWEST FLOOR ELEVATION P.C.P. v PERMANENT CONTROL POINT SEC. SECTION CH. - CHORD DISTANCE I.P. LIGHT POLE P.G. - PAGE S.I.P. - SET IRON PIPE CL = CLEAR (M) v MEASURED P.O.B. = POINT OF BEGINNING STY STORY C/L - CENTER UNE (R) - RECORD P/L - PROPERTY UNE SWK SIDEWALK CONC. - CONCRETE (R h M)- RECORD h MEASURED N.T.S. v NOT TO SCALE UE - UTILITY. EASEMENT 26 AA iq l„d.% I f � Flo MRS �tg r �i°�..1�� a� �„�r ��� �5 a�,,� ;s�'����_','Y,��•,,,4��''u`c „ �, rr� I m—o.����p®�®gym mm. � � '. {fov��' !Sit B Y,.` y 7 F I «, tiri�l tt � 1 r w., g rrev+ar § P X,—t y% :�fi•., rr 1 y�- p� � ,f�,/�� ��aµµ"���� I; x �Sii xr� }E fr;�. �., '�i���,��Yf- . k r�.:N13Y 1�;:-:+iii•�s� .,/.a°a. t4 �.....,� ,7, v 'KS), d .. S.eN',}r,.m rF., ..r: <.:e1`,tiFV..... S\,NNY'S�F O� Fdm CITY OF SUNNY ISLES BEACH �E sy r FL00.\ 0 NOTICE OF ZONING HEARING (`F,y OF SUN F�4 S� 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, JANUARY 18, 2024 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2023-17 Applicant: Hernan R. Recalde Location of Property: 241 189 Terrace, Sunny Isles Beach, FL 33160 Size of Property: 0.172 acres (7,500 sq ft) Zoning District: R-1 (Single -Family Residential) Summary: The Applicant, owner of the property, is seeking approval of variances in relation to the existing conditions of their single-family home. The proposed variances are to increase the maximum allowable size of a gazebo, to allow the gazebo to encroach into the side and rear setbacks, and to decrease the minimum required landscaped green area. Requests: 1. Pursuant to Section 265-45 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to increase the maximum gazebo size from one hundred and fifty square feet (150 sq. ft.) to two hundred and seventy-eight square feet (278 sq. ft.). 2. Pursuant to Section 265-45 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to allow the gazebo to reduce the gazebo setback from six feet (6') to zero feet (0') from the side and rear lot lines. 3. Pursuant to Section 265-31 of the City of Sunny Isles Land Development Regulations, the Applicant requests a variance to decrease the required landscaping and green area from twenty-five percent (25%) to fourteen and sixteen hundredths percent (14.16%) of the total lot area. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Boundary Survey," prepared by MAQ Services, Inc., stamped received December 27, 2023, consisting of two (2) 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 Description: Lot 20, Block 8, Golden Shores Ocean Boulevard Estates, Section B, According to the Plat Thereof, As Recorded in Plat Book 51, Page 15 of the Public Records of 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. 29 pit FL4�'� y� l,rY OF S01i City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Amy Canales, Planning and Zoning Director DATE: January 18, 2024 RE: Variances located at 241 189 Terrace (PZ2023-17) RECOMMENDATION: Staff has compiled 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 of variances in relation to completed renovations and additions to a single-family home. The three proposed variances are to increase the allowable maximum gazebo size, to allow the gazebo to stay on the property line as -built, and to decrease the minimum required landscaped green area. ATTACHMENTS: Staff Report Zoning Hearing Application Letter of Intent Property Survey Greenspace Analysis Site Photos Public Notice Resolution Approving Resolution Denying Item Number: 6.A 9