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HomeMy WebLinkAboutZoning Resolution 24-Z-208RESOLUTION NO. 24- Z—_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR VARIANCE (APPLICATION NO. PZ2024-05) SUBMITTED BY RT ADVISORY TEAM, LLC (THE "APPLICANT") TO INCREASE THE MAXIMUM BUILDING HEIGHT FROM THIRTY-FIVE FEET (35') TO THIRTY-EIGHT FEET AND ELEVEN AND SEVEN -EIGHTH INCHES (38' — 11 7/8") PURSUANT TO §265.31 OF THE CITY'S LAND DEVELOPMENT REGULATIONS FOR A SINGLE-FAMILY HOME LOCATED AT 329 ATLANTIC AVENUE; 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, RT Advisory Team, LLC (the "Applicant") submitted a zoning variance application, numbered PZ2024-05 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting the following: 1. Pursuant to Section §265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a building height variance to increase the maximum building height from thirty-five feet (35') to thirty-eight feet and eleven and seven -eighth inches (38'-117/8"). LEGAL: LOTS 67 AND 68, PLAT OF ATLANTIC ISLAND SUNNY ISLES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGE 17, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TOGETHER WITH THE SOUTH 40 FEET OF THE NORTH 59.67 OF LOT 96, TATUM'S OCEAN BEACH PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 35, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LYING EAST OF THE EAST RIGHT-OF-WAY OF A 100 FOOT RIGHT-OF-WAY FOR STATE ROAD A -1-A. ADDRESS: 329 Atlantic Avenue, Sunny Isles Beach, FL 33160 FOLIO: 31-2214-003-0510 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 57 WHEREAS, on September 19, 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 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 requesting a variance from the height requirements of Section §265-31 to increase the maximum building height from thirty-five feet (35') to thirty-eight feet and eleven and seven -eighth- inches (38'-117/8"), 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 variance to increase the maximum building height from thirty-five feet (35') to thirty-eight feet and eleven and seven -eighth inches (38'-117/8"), is hereby APPROVED, subject to the following conditions: A. That the plans in the approval be substantially in accordance with that submitted for public hearing, the plans are entitled "The Shamaev Residence," by Jorge L. Esteban, stamped received September 3, 2024, consisting of thirteen (13) sheets, including a survey prepared by Royal Point Land Surveyors, Inc., stamped received August 29, 2024. Plans are subject to revisions -based comments provided by staff of the City of Sunny Isles Beach. Plans are subject to modification. B. 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. 2 58 C. 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. D. That the Applicant complies 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 adoption. PASSED and ADOPTED this LOlAday of September, 2024. MauNcio Betan�cur, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A A in E. Boileau for Nabors, Giblin CITY OF SUNY ISLES BEACH, FLORIDA By its City ommission By: Larisa Svechin, Mayor 3 59 & Nickerson, P.A., City Attorney Moved by:(,F,/iSs,Qr—/�/S{� Seconded by: Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra 2 (Yes) (Yes) (No) (No) (Yes) —(Yes) (Yes) (No) {10) (No) 60 e9 CITY OF SUNNY ISLES BEACH STAFF REPORT e SEPTEMBER 19, 2024 tiF �ss�* FLO0.`QP Sir CITY of SUN PNO New Single -Family Home Height Variance I. APPLICATION SUMMARY Application Number: PZ2024-05 Application Summary: The Applicant, owner of the property, is seeking approval for a variance relating to the construction of a new single-family home. The variance requested is to increase the allowable building height permitted in the R-1 zoning district for a new single-family home by approximately four feet (4') to accommodate a third -floor livable space and elevator shaft. Applicant/Owner: RT Advisory Team, LLC 102 Beaumont Street Brooklyn, NY 11235 Page 1 of 9 24 September 19, 2024 PZ2024-05 II. SITE INFORMATION Location: 329 Atlantic Avenue Land Area: 0.21 acres (9,330 sq. ft.) Folio: 31-2214-003-0510 Site Description: The property is a rectangular lot in the Atlantic Isles residential neighborhood that has frontage on Atlantic Ave and abuts the intracoastal waterway. It is developed with a single-family house that was originally built in 1957 and has since had several additions and improvements made. Legal Description: Lots 67 and 68, PLAT OF ATLANTIC ISLAND SUNNY ISLES, according to the map or plat thereof as recorded in Plat Book 34, Page 17, Public Records of Miami -Dade County, Florida: Together with the South 40 feet of the North 59.67 of Lot 96, TATUM'S OCEAN BEACH PARK, according to the map or plat thereof as recorded in Plat Book 5, Page 35, Public Records of Miami -Dade County, Florida, lying East of the East Right -of -Way of a 100 foot Right -of -Way for State Road A -1-A. 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. Page 2 of 9 25 Adjacent Properties: III. REQUEST September 19, 2024 PZ2024-05 Pursuant to Section §265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a building height variance to increase the maximum building height from thirty-five feet (35') to thirty-eight feet and eleven and seven -eighth inches (38'-11 7/8"). IV. ZONING REVIEW The plans reviewed are on file and may be examined in the City Clerk's Office and are entitled "The Shamaev Residence," by Jorge L. Esteban, stamped received August 9, 2024, August 29, 2024 and September 3, 2024 consisting of thirteen (13) sheets, including survey prepared by Royal Point Land Surveyors, Inc., stamped received August 29, 2024. Plans are subject to revisions based upon comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 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. Page 3 of 9 26 Existing Use Zoning District Future Land Use North Intracoastal waterway N/A Water East Single-family home R-1 Low Density Residential South Single-family home R-1 Low Density Residential West 1 Single-family home R-1 Low Density Residential Pursuant to Section §265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a building height variance to increase the maximum building height from thirty-five feet (35') to thirty-eight feet and eleven and seven -eighth inches (38'-11 7/8"). IV. ZONING REVIEW The plans reviewed are on file and may be examined in the City Clerk's Office and are entitled "The Shamaev Residence," by Jorge L. Esteban, stamped received August 9, 2024, August 29, 2024 and September 3, 2024 consisting of thirteen (13) sheets, including survey prepared by Royal Point Land Surveyors, Inc., stamped received August 29, 2024. Plans are subject to revisions based upon comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 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. Page 3 of 9 26 September 19, 2024 PZ2024-05 Comments: Property is an existing lot of record with 9,330 square feet of lot area. Complies. (2) Minimum lot width: 75 feet. Comments: Property has 64.01' of lot width. Does not Comply, but this is an existing, platted lot of record. (3) Maximum height: 35 feet. Protective structures such as balconies, railings or banisters may be increased by 40 inches. Comments: The highest point of the proposed roof is 38' and 11- 7/8", as measured from the crown of road. Variance requested. (4) Setbacks: a. Front yard. Minimum of 25 feet. Comments: 25' provided. Complies. b. Interior side yard: Minimum of 7.5 feet. Comments: 7'-6 1/8" 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: 45'-8 1/2" 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: 41% of lot coverage provided. 26% 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: Proposed home has a floor area ratio of 0.59. Complies (7) Building spacing. Minimum of five feet separation between structures. Comments: Not applicable. 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. Page 4 of 9 27 September 19, 2024 PZ2024-05 (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, (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 Atlantic Isles is a single-family neighborhood located on a finger island in the south side of the city. Throughout recent years, many of the original homes have been demolished and replaced with new structures and a few homes have been significantly remodeled with new additions. The following table provides the height for some of the homes in the neighborhood: Page 5 of 9 28 September 19, 2024 PZ2024-05 Address Year Built Floors Height from Crown of Road 325 Atlantic Ave 2016 2 34'-6" to top of roof 333 Atlantic Ave 1972 1 Exact height is unknown 319 Atlantic Ave 2005 3 Approximately 39' to top of parapet variances approved, Reso 01-Z-60 323 Atlantic Ave 1969 2017: 2"d story addition 2 32'-2" to top of aluminum handrail 240 Atlantic Ave 2017 1 2 31'-1" to top of parapet 274 Atlantic Ave 2019 2 33'-2" to top of parapet 277 Atlantic Ave 2016 2 31'-1" to top of parapet 278 Atlantic Ave 2010 2 34'-9 1/2" to top of parapet 318 Atlantic Ave Under construction 2 39'-10" to top of elevator shaft, chimney, and trellis (variance approved, Reso 21-Z-179 The proposed single-family home for 329 Atlantic Avenue has a third floor with 561 square feet of gross floor area; the proposed third floor plan depicts this space to have a playroom, bathroom, staircase, and elevator shaft. These areas will connect to the rooftop terrace. The application is not consistent with the City's Land Development Regulations, specifically Section 265-15.G that provides the review standards for variance applications. 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 Atlantic Ave. 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. Staff has compiled the relevant facts of the requested variance and recommends the application be presented to City Commission for consideration. Page 6 of 9 29 September 19, 2024 PZ2024-05 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 entitled "The Shamaev Residence," by Jorge L. Esteban, stamped received September 3, 2024 consisting of thirteen (13) sheets, including a survey prepared by Royal Point Land Surveyors, iInc., stamped received August'29, 2024. 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 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 7 of 9 30 VII. MAP REFERENCES Zoning Map September 19, 2024 PZ2024-05 Page 8 of 9 31 September 19, 2024 PZ2024-05 Future Land Use Map (END) Page 9 of 9 32 Letter of Intent for Variance Application NO: PZ2024-05 at 329 Atlantic Avenue Code Section 265.31 To Whom It May Concern, RECEIVED PZ2024-05 8/29/2024 PLANNING P ZONING W7 PT. I'm writing to you as a concerned son, brother, husband, neighbor, and fellow citizen of the amazing neighborhood we call home: Sunny Isles. Two months ago, my 72 year-old father had a stroke and was hospitalized for a month in an intensive care unit. I was told to prepare for the worst, with one doctor in the ICU even saying that if my father were to make it out of the hospital, he would be in a vegetative state. With G-d's grace and miraculous powers, I'm pleased to report my father's condition has stabilized. With this, however, my father now needs 24/7 care and supervision; this responsibility falls to me. In addition to my father's care, I am responsible for the care of my 47 year old brother, who is severely autistic. My brother is low -functioning on the spectrum and requires assistance with daily tasks; including washing himself and brushing his teeth. My brother highly benefits from having his own space at home. With all of these factors, and the hope that my wife and I will soon be expanding our family as well, I plead to you to allow me my height increase on the house. I ask for this because I need to create a separate but close space for my brother, and the current height limit on my house would not allow him to have a normal living situation on the third floor. With current zoning laws, my third and second floor limit me to a height of seven feet, while my first floor will have a height of nine feet. This is not appropriate for anyone- let alone my brother, who is over six feet tall- especially in a neighborhood like ours, where the standard ceiling heights range from 9-11 feet. The third floor, which is an elevator- accessible singular room with attached bathroom, would be solely for my brother's use and would allow him to have privacy and comfort while still enabling us to help him as he needs and simultaneously house my mother and father on the second' floor. We understand that this is a house that we are going to grow into. With the current real estate market in Florida, our family cannot afford something larger than what G -d already gave us. Given that we hope to grow into this house, with our future children hopefully attending local schools in the area, we anticipate that my now 72 year-old father and 67 year-old mother will likely need services such as an elevator at home that will accommodate them in all stages of life. As you can see, we are building a home for the future. The property has an existing structure that we plan to do a complete lition and build our new home. In trying to plan ahead for not only ourselves and our future children, but for my parents' and brother's developing needs as well, we need to make accommodations for them so that they can 33 comfortably live with us for the rest of their lives. As a family, we are not only tight -knit, but truly believe that the best place you can be is home, surrounded by family. We cannot make that happen without comfortable height on the second and third floors, which will only be possible with your blessing. We need you to understand that we are not asking for a height increase for the sake of having higher ceilings. We are planning on moving into this home and making it our primary residence. We hope to get to know you and our fellow neighbors better, but in the meantime, I'd like to share a little about our family so that you can get to know us better. I grew up in a neighborhood where I could go to my neighbor's house if I came home early from school and my parents weren't home yet, where my brother would take the trash to the curb for everyone on the block, and where neighbors treated each other like family. Our neighbors had a special place in their heart for my brother, who they knew tried to help in the only way he could by bringing their trash to the curb. My wife grew up three blocks away and somehow, even though we went to the same playgrounds in the area, we didn't happen to meet until high school, and have been inseparable since. We understand the value of community and family, and hope to contribute to Sunny Isles just as our families have contributed to their respective neighborhoods over the years. Your neighbor, Samuel Shamaev samshamaev@gmail.com 34 THE SHAMAEV RESIDENCE 329 ATLANTIC AVENUE SUNNY ISLES BEACH, FL. 33160 Jr 17 Tli, i VICINITY MAP --SCRIPTON PROJ--A F --PE OF Fc -- 1 PROPE—ADWESS F—R000-5RA ---- P..'—A— "I'll --11-1.1— IOCATION MAP U Z Z, w>LL< uu !> p;s �Z. < 0 z z R A-000 \`` ililil` �-®® MONSOON ll� ,I illilljll Jill FIRST PIP SECOND FLOOR - - - - - - - - - - � - - - ---g� - ------------------------------------------------------ ---------- al W FLOOR MEMNON lv� MEMO MEMO - 11 A-001 r1ViEW 1 I P3 IO�RGE L. ESTEBA� 0 Vw OwJ >U U yj Hw Q Z d Q F - 7 < _ N Z n N -" 11 A-002 T 77 7 m 102'�'l ESTEons M." 0 0 I ARD TALLY ROOD NT—N —PERNA—SS FL—u[acv low -ERM I SIZE I aIAN OENwERPLIITEI V =SATE PLAN W,I. 11 A-101 A W,I. 11 A-101 FORGE L. ESTE6AM 0 GNOUNO FLOOR PIAN - DIMENSIONS A -1O2 �� 9ECONO FLOOR PIAN - DIMENSIONS A-103 2_ 9171 -1 PLAN -DIMENSIONS 0 A-104 I FRONT ELEVATION RIGHT 510E ELEVATION —97 F6 PFSS W IHfJOW tt-4GL'N':fb� 1�ORGE L. ESTEBA� A-201 x RIGHT SIDE ELEVATION - OUTSIDE PROPERTY flE'AR IVORTH) ELEVATIDN - INSIDE \ 1 p, ERS c "u JOB SITE GEPnr APs s a I •. \ P�GGalI1lNi+.O^` ��?"•.'". �=152,a2A. 9+• •\NIYf ;\ :.;138 C% JORGE L. ESTEBA� \.5.. VICINITY MAP RECEIVE® ,I J � A�9ust 29_2924 y,, `I,136 j iv,t\I. rlurc za911a \. X16\EY (, ee 1 • 13 °i W PROPERTY ADDRE e3vun LEGEND.l EUP �'S+9 m;•' + fr„o ' w 0 ` > LEGAL DESCRIPTION E co EL U m Z 7 rn Z EGl'fill m 'n"mtr �r\ly4ls ry ppy> O LL 2Rl`+b 5?4 \(, z l'J1-b9 �� I , Ulm SURVEYORS NOTES �y411,1 p •� \.0{-fi1i .p EW �Q' Y Q Z m w 7 CI lz LMIr 1 1 ... .. to 0 �v . N Q = N ao e Z , e) �mA ^�1 c 9.10' i O jr P_0212:3 ca. ,�l rc a73 729 .... N CI,FevFg ,. ...., ,... `P yl• q\.9 92, & nwn,xRN,uc e air 0 ••^ 1 122. ,.: , Lap t ds ?1' 1 NTIC T VENAE ! TREE TABULATION: _ A SURVEYORS CERTIFICATE DUe1ETER IIR.1® EISRI(DI) TREEI9M TYPE /: SR Fi SPREA9 `\ - PfvLtlDl, ,. el PPUI 6 10 6 • ' "'� ' ” R Ib ". it �O e� PRC\1•,f.Wf „ � W1. 1. -". F _ " .' 1 • ns ♦us Is to � +s o +a iu14 16 P a x. m , ❑ A.004 ti '' 6L0 �`rr of sup ��v PUBLIC HEARING APPLICATION 1. Proposed Proj ect Name: 329 Atlantic Avenue 2. Name of ApplicantRT Advisory LLC Hearing # Date Received Folio Number 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 102 Beaumont Street City Brooklyn State my Zip 11235 Tel. # (during working hours)917-744-0446 e-mailsamuel@paq.nyc 4. Name of Property OWnerRT Advisory Team, LLC Vladimir Shamav Mailing Address 102 Beaumont street City Brooklyn State NY Zip 11235 Tel. # (during working hours) 917-744-0446 e-mailsamuei@paq.nyc 5. Contact Person Carmin Tillit Mailing Address 252 Sunny Isles Blvd #3 -CU -2 City Sunny Isles State FL Zip 33160 Tel. # (during working hours) 754-423-6283 e-mail carmin@eastofcollins.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. ATLANTIC ISLAND PB 34-17LOTS 67 & 68 & PROPR INT IN PT LOT 96 PB 5-35 PER DB 3887-597DB 3887-597 DESC S40FT OFN59.67FT OF LOT 96 OF TATUMS OCEAN BEACH PARK PB 5-35 LYG E OFE RNV/L OF 100FT RNV OF ST RD A1AAS IN PB 46-40 7. Address or location of subject property: 329 Atlantic Avenue Sunny Isles FL 33160 8. Size of property: ft. x ft. acres 9,330 Sq.Ft City of Sunny Isles Beach Public Hearing Application Package Page 4 of 23 47 9. Date subject property acquired Elor leased 2nd day of 9eptmber, 2014 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". NO 11. Is there an option to purchaser lease[3the subject property or property contiguous thereto? ®Yes or 13No If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). NIA 12. Present zoning classification (s): SINGLE FAMILY -GENERAL 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 © 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 re no If yes, applicants name Date of hearing Nature of Decision of hearing Resolution # City of Sunny isles Beach Public Hearing Application Package Page 5 of 23 48 15. Is this hearing being requested as a result of violation notice? [3yes E]no If yes, give name to which violation notice was served Nature of violation 16. Are there any existing structures on the property? El yes ® no If yes, briefly describe EXISTING STRUCTURE TO BE DEMOLISHED, AND NEW SINGLE FAMILY RESIDENCE PROPOSED 17. Is there any existing use on the property? 13 yes ®no If yes, what is the use and when was it established? Use SINGLE FAMILY -GENERAL Established 1973 City of Sunny Isles Beach Public Hearing Application Package Page 6 of 23 49 %OWNERSHIP AFFIDAVIT FOR LIMITED LIABILITY COMPANY STATE OF FLORIDA Public Hearing No. COUNTY OF MIAMI DADE Before me, the undersigned authority, personally app=ed VLADIMIR SHAMAEV hereinafter the AfSant (s), who being first duly sworn by me, on oath, deposes and says: 1. Affiant is the manager, or managing member of the RT ADVISORY TEAM, LLC Limited Liability Company with the following address: 329 ATLANTIC AVE. SUNNY ISLES, FL 33160 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: ATLANTIC ISLAND PS 3417LOTS 67 & 68 & PROPR INT IN PTLOT 96 PB 5,95 PER D5 3887-597DB 3887-597 DESC S40FT OF N59,67FTOF LOT 86 OF TATUMSOCFAN BEACH PARK PS 545 LYG E OFE RML OF IOOFT RIW OF ST RD A1AAS IN PB 4640 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. b. 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. itnesses:, T„ Sigpature6 Print Name Print Name Sworn to and subscribed before me on the ,day of _ , �; 20JA— , Affiant is ersonally knot/ o me or has produced as Identificati n. otaTy tamp/Se� Commission Expires: ,A"yPo -. KIMBERLY JANE POZO ;.oma M 00MMISSI0N # HH 431902 EXPIRES; August g,"2027 OFF „ Page 10 of 23 50 August 9, 2024 AGENT LETTER The propose of this letter is to inform you that I, Vladimir Shamaev, have authorized Caxmin Tillit and East of Collins Expediting to act as my agent in all matters pertaining to applying and obtaining a Variance with the City of Sunny Isles. She is authorized to represent me with all necessary departments including submitting my application torequest a Public Hearing and representing me at the Hearing and any other departments such as the Zoning Department, Building Department, Code Enforcement, Miami Dade County and any other entity necessary in order to obtain Approval on a Variance for the property located at 329 Atlantic venue Avenue Sunny Isles Beach, FL 33160 owned by RT Advisory Team LLC. If you should have any questions I can be contacted at (917)744-0446. Sincerely, Vlad` Shamaev/AMBR STATE OF FLORIDA COUNTY OF MIAMI -DADS Swom and subscribed before me on of A, 2024 by Vladimir Shamaev, who f personally lcno -to me. av" KIMBERLY JANE POW }: *= MY COMMISSION # HH 431902 a•. +rF oP;°`•' EXPIRES: August 9, 2027 51 DISCLOSURE OF INTEREST If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and principal officers or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, father disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). Corporation Name Name, Address and Office Percentage of Stock If the property which is the subject of the application is owned or leased by a LIMITED LIABILITY COMPANY list the members or stockholders consist of another corporation (s), trustee (s), partnership (s) or other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural persons having the ultimate ownership interest in the aforementioned entity). RT ADVISORY TEAM, LLC LLC Name Name, Address and Office Percentage of Stock VLADIMIR SHAMAEV 329 ATLANTIC AVE SUNNY ISLES FL 33160 City of Sunny Isles Beach Public Hearing Application Package Page 14 of 23 - 52 If the property, which is the subject of the application, is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. {Note: where the beneficiary (s) consist of corporation (s), another trust (s), partnership (s) or other similar entities, further disclosure shall be required which disclosures the identity of the individual (s), (natural persons) having the ultimate ownership interest in the aforementioned entity}. Trust Name Name and Address Percentage of Interest If the property, which is the subject of the application, is owned or lease by a PARNERTSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners. {Note; where the other similar entities, further disclosures shall be required which disclosures the identity of the individual (s) (natural person) having the ultimate ownership interest in the aforementioned entity}. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS PERCENTAGE OF OWNERSHIP If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not and whether a Corporation, Trustee or Partnership list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries or partners. {Note; where the principal officers, stockholders, beneficiaries or partners consist of another corporation, trust, partnership or other similar entities, further disclosure shall be required which discloses the identity of the individual (s) (natural persons) having the ultimate ownership interest in the aforementioned entity). NAME City of Sunny Isles Beach Public Hearing Application Package Page 15 of 23 53 NAME AMMA5 AND . QpFiCE(if applicable) Date of Contract: kercmwe of intaicest If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. ...,.........,..,.,.r....... ,,;,.... .,.........,..., e. .,.......,......... ....,.......,.... . r.:q. 1tv.c+..I,a,....h5.. ,... .!r...e.... 0 The above is a full. disclosure of all parties of interest in the application the best of my knowledge and belief. Signature• Swom to and subscribed before me, This O 20 - ow pu R JANE POZo Notary ublic, State of Florida at Large ; KIMBERLY MY COMMISSION # HH 431902 ,'.�OF PLOP•', EXPIRES:Auguaf 9, 2027 My Commission Expires: Oil * Disclosure shall not be required of any entity, the equity interest is which are regularly traded on an established securities market in the United States or other country; or any entity, the ownership interest of which are held in a limited partnership consisting of more than 5,000 separate interest and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. Public Hearing No: City of Sunny Isles Beach Public Hearing Application Package Page 16 of 23 54 RESPONSIBILITIES OF THE APPLICANT PLEASE READ CAREFULLY BEFORE SIGNING 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 (N DFD) for the staging area of the proposed proj ect 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 (DFJ M) 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 nay 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 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 wilt not necessary forestall enforcement action against the property. Fees: I understand that the hearing fees paid at the time of filing mayt be the total cost of the hearing and that I will be advised of any other fees that can be ". ...with the public hearing application. Signature X:RIMIR SHAMAEV . Print Name Not d subscribed before me this—day of N�j at Florida 4 vdU KIMBERLY JANE POZO My commission expires Z� MY COMMISSION # HH 431902 EXPIRES: August 9-2027 City of Sunny Isles Beach Public Hearing Application Package Page 17 of 23 55 SONNY iS, x CITY OF SUNNY ISLES BEACH 1_ of e NOTICE OF ZONING HEARING � fLDA V� )Y Of fUM �a 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, SEPTEMBER 19, 2024 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2024-05 Application: Height Variance for a New Single -Family Home Applicant: RT Advisory Team, LLC Property Location: 329 Atlantic Avenue, Sunny Isles Beach, FL 33160 Size of Property: 9,330 sq. ft. (0.21 acres) Zoning District: R-1 (Single -Family Residential) , Summary: The Applicant, owner of the property located at 329 Atlantic Avenue, is seeking approval for a variance in relation to the construction of a new single-family home. The requested variance is to increase the allowable building height permitted in the R-1 zoning district for a new single-family home on an existing lot of record, by approximately four feet (4'). Request: Pursuant to Section 265-31 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a building height variance to increase the maximum building height from thirty-five feet (35') to thirty- eight feet and eleven and seven -eighth inches (38'-11 7/8"). The plans reviewed are on file and may be examined in the City Clerk's Office. The plans are entitled "The Shamaev Residence," by Jorge L. Esteban, stamped received August 9, 2024, consisting of 10 sheets. Plans are subject to revisions based upon comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal: Lots 67 and 68, PLAT OF ATLANTIC ISLAND SUNNY ISLES, according to the map or plat thereof as recorded in Plat Book 34, Page 17, Public Records of Miami -Dade County, Florida. Together with the South 40 feet of the North 59.67 of Lot 96, TATUM'S OCEAN BEACH PARK, according to the map or plat thereof as recorded in Plat Book 5, Page 35, Public Records of Miami -Dade County, Florida, lying East of the East Right -of -Way of a 100 foot Right -of - Way for State Road A -1-A. 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 written comments and questions will be made part of the record at the meeting. All written 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, it is the responsibility of such person 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. 56 a •pti�-- '- Q� * FGr"3¢�Q O Cfr,Y Flr 5'-M fEj 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: September 19, 2024 RE: Variance located at 329 Atlantic Avenue (PZ2024-05) 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 for a variance relating to the construction of a new single-family home. The variance requested is to increase the allowable building height permitted in the R-1 zoning district for a new single-family home by approximately four feet (4') to accommodate a third -floor livable space and elevator overrun. ATTACHMENTS: Staff Report Applicant Letter of Intent Proposed Plans Property Survey Application Packet Public Notice Flyer Resolution Item Number: 6.A