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HomeMy WebLinkAboutZoning Resolution 25-Z-215RESOLUTION NO. 25- �1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING IN PART, AND DENYING IN PART, THE APPLICATION FOR VARIANCE (APPLICATION NO. PZ2025-04) SUBMITTED BY YEHUDA GABAY (THE "APPLICANT") FOR A VARIANCE FROM THE APPLICATION OF THE DEFINITION OF "LOT LINE, FRONT" OF SECTION 265-5 OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FOR A VARIANCE FROM THE POOL SETBACK REQUIREMENTS OF SECTIONS 265.31.D. AND 265-45.1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FROM SEVENTEEN FEET (17') TO FOUR (4) FEET AND ELEVEN INCHES (4'-11"), FOR A VARIANCE FROM THE FRONT YARD SETBACK REQUIREMENTS OF SECTION 265.31.1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS, BY FOUR FEET AND TEN INCHES (4'-10"), FOR A VARIANCE FROM THE CORNER SIDE SETBACK REQUIREMENTS OF SECTION 265.31.1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS, BY THREE FEET (3'), FOR A VARIANCE FROM THE SIDE SETBACK REQUIREMENTS OF SECTION 265.31.1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS, BY TWO FEET (2'), AND FOR A VARIANCE FROM THE REAR SETBACK REQUIREMENTS OF SECTION 265.31.1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS, BY FOUR FEET (4'), AT THE PROPERTY LOCATED AT 201189 TERRACE, SUNNY ISLES BEACH; 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, The Applicant submitted a zoning variance application, numbered PZ2025-04 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting the following: 1. Pursuant to Section 265-5 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the application of the definition of "Lot Line, Front" to consider the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot. 2. Pursuant to Sections 265-31.D. and 265-45.1. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the pool setback requirements to decrease the minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'-11"). 3. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the front yard setback requirements to allow a roof overhang to encroach into the front yard by four feet and ten inches (4'- 10"). 4. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the corner side setback requirements to allow a roof overhang to encroach into the street side setback by three feet (3'). 5. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the side setback requirements to allow a roof overhang to encroach into the interior side setback by two feet (2'). 6. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the rear side setback requirements to allow a roof overhang to encroach into the rear setback by four feet (4'). LEGAL: Lot 16, Block 8, Golden Shores Ocean Boulevard Estates Section "B," according to the plat thereof as recorded in Plat Book 51, Page(s) 15, Public Records of Miami - Dade County, Florida.. ADDRESS: 201 189 Terrace, Sunny Isles Beach, FI 33160 WHEREAS, a 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 Planning and Zoning Department Staff Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on April 17, 2025, 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 Planning and Zoning Department and finds that the Application, in 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. 2 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 approval seeking a variance from the application of the definition of "Lot Line, Front" to consider the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. The application for a variance approval seeking a decrease of the minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'-11") 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 front yard setback requirements to allow a roof overhang to encroach into the front yard by four feet and ten inches (4'-10") is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. The application for a variance approval seeking a decrease of the minimum corner side setback requirements to allow a roof overhang to encroach into the street side setback by three feet (3') is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. The application for a variance approval seeking a decrease of the minimum side setback requirements to allow a roof overhang to encroach into the interior side setback by two feet (2') is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. The application for a variance approval seeking a decrease of the minimum rear side setback requirements to allow a roof overhang to encroach into the rear setback by four feet (4') 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 from the application of the definition of "Lot Line, Front" to consider the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot; to the reduce the minimum front yard setback requirements to allow a roof overhang to encroach into the front yard by four feet and ten inches (4'-10"); to reduce the minimum corner side setback requirements to allow a roof overhang to encroach into the street side setback by three feet (3'); to reduce the minimum side setback requirements to allow a roof overhang to encroach into the interior side setback by two feet (2'); and to reduce the minimum rear side setback requirements to allow a roof overhang to encroach into the rear setback by four feet (4'), are hereby APPROVED, subject to the following conditions: C 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, the plans are entitled "Gabay Residence," by Toma Design Group Inc., stamped received April 9, 2025 consisting of twelve (12) sheets, including a survey prepared by Benigni J. Suarez, PSM, stamped received December 12, 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. Section 4. Denial. The Applicant's request for approval of a variance to reduce minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'- 11") is 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 7. Repealer. All Resolutions or parts of Resolutions in conflict herewith shall be and are hereby repealed. Section 8. Effective Date. This Resolution shall become effective upon adoption. PASSED and ADOPTED this ivnday of April, 2025. n ATTEST; Mauricio Bctancur, CMa, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by: Vr Vote: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra CITY OF SUNNY ISLES BEACH, FLORIDA Seconded byS/ 5 (Yes) (No) (Yes) (No) (Yes) (No) (Yes) �(No) (Yes) _,(No) FLS CITY of SUN PNO CITY OF SUNNY ISLES BEACH STAFF REPORT April 17, 2025 New Single -Family Home Variances I. APPLICATION SUMMARY Application Number: PZ2025-04 Application Summary: The Applicant, owner of the property, is seeking approval of variances from the R-1 zoning district standards for the construction of a new single-family home. The requested variances would allow the home to face Atlantic Boulevard instead of 189 Terrace, reduce the street side yard setback for a pool, and allow roof overhang encroachments into the front, street side, side, and rear yards. Page 1 of 9 47 April 17, 2025 PZ2025-04 Applicant/Owner: Yehuda Gabay 3131 NE 188th St Apt 1801 Miami, FL 33180-2769 ATTN: Martin Litman SITE INFORMATION Location: 201 189 Terrace Land Area: 7,933 sq. ft. Folio: 31-2202-008-0550 Site Description: The property is a vacant corner lot located in the Golden Shores residential neighborhood, with street frontage along 189 Terrace and Atlantic Boulevard. Legal Description: Lot 16, Block 8, Golden Shores Ocean Boulevard Estates Section "B," according to the plat thereof as recorded in Plat Book 51, Page(s) 15, Public Records of Miami -Dade County, Florida. 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 2of9 48 April 17, 2025 PZ2025-04 Adjacent Properties: III. REQUESTS 1. Pursuant to Section 265-5 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the application of the definition of "Lot Line, Front" to consider the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot. 2. Pursuant to Sections 265-31.D. and 265-45.1. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the pool setback requirements to decrease the minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'-11 "). 3. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the front yard setback requirements to allow a roof overhang to encroach into the front yard by four feet and ten inches (4'-10"). 4. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the corner side setback requirements to allow a roof overhang to encroach into the street side setback by three feet (3'). 5. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the side setback requirements to allow a roof overhang to encroach into the interior side setback by two feet (2'). 6. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the rear side setback requirements to allow a roof overhang to encroach into the rear setback by four feet (4'). IV. ZONING REVIEW The plans reviewed are on file and may be examined in the City Clerk's Office. The plans are entitled "Gabay Residence," by Toma Design Group Inc., stamped received April 9, 2025, consisting of 11 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. Page 3 of 9 49 Existing Use Zoning District Future Land Use North Single-family home R-1 Low Density Residential East Single-family homes R-TH Low to Medium Density Residential South 1 Single-family home R-1 Low Density Residential West I Single-family home R-1 Low Density Residential III. REQUESTS 1. Pursuant to Section 265-5 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the application of the definition of "Lot Line, Front" to consider the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot. 2. Pursuant to Sections 265-31.D. and 265-45.1. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the pool setback requirements to decrease the minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'-11 "). 3. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the front yard setback requirements to allow a roof overhang to encroach into the front yard by four feet and ten inches (4'-10"). 4. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the corner side setback requirements to allow a roof overhang to encroach into the street side setback by three feet (3'). 5. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the side setback requirements to allow a roof overhang to encroach into the interior side setback by two feet (2'). 6. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the rear side setback requirements to allow a roof overhang to encroach into the rear setback by four feet (4'). IV. ZONING REVIEW The plans reviewed are on file and may be examined in the City Clerk's Office. The plans are entitled "Gabay Residence," by Toma Design Group Inc., stamped received April 9, 2025, consisting of 11 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. Page 3 of 9 49 April 17, 2025 PZ2025-04 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: LOT LINES, FRONT — In the case of a lot abutting upon only one street, the front lot line is the line separating such lot from such street. In the case of a corner lot that part of the lot having the narrowest frontage on any street shall be considered the front lot line. In the case of any other lot, one such line shall be elected to be the front lot line for the purpose of this chapter, provided it is so designated by the building plans which meet the approval of the Director. Also see "right-of-way." Comments: This is the definition of front lot line that is applied to all buildings and structures in the City, in all zoning districts. The Applicant requests a variance from the application of the definition of "Lot Line, Front" to consider the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot. This means the front setback will be established along Atlantic Boulevard and the other setbacks will follow accordingly. • Sec. 265-31.D. – Single -Family Residential (R-1) Site Development Standards (4) Setbacks: a. Front yard: Minimum of 25 feet. Comments: Applicant requests variance to allow roof overhang to encroach into the front yard by 4'-10". b. Corner side yard: Minimum of 15 feet. Comments: Applicant requests variance to allow roof overhang to encroach into the corner side yard by 3'. c. Interior side yard: Minimum of 7.5 feet. Comments: Applicant requests variance to allow roof overhang to encroach into the interior side yard by 2'. d. Rear yard: Minimum of 15 feet for principle use structures. Comments: Applicant requests variance to allow roof overhang to encroach into the rear yard by 4'. • Sec. 265-45.1. –Accessory Uses, Swimming pools and spas (1)(c)[1] The side yard or side street setbacks to the water's edge shall be two feet plus the required side yard or side street structure setback. Comments: Applicant requests variance to reduce the side street pool setback from 17' to 4'-11 ". Page 4 of 9 50 April 17, 2025 PZ2025-04 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) et. (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 Based on the above review, the application is not consistent with the City's Land Development Regulations. The requested building variances are in relation to new construction and a hardship has not been identified that supports the proposed variances. 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 property conforms to the minimum lot size and width requirements. The requested variances are not essential to enable reasonable use of the land, building, or structure, as a new home can be reasonably constructed in compliance with existing regulations. However, granting Page 5 of 9 51 April 17, 2025 PZ2025-04 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 following image shows which street the homes located on the west side of Atlantic Boulevard face: Page 6 of 9 52 April 17, 2025 PZ2025-04 Of the 15 corner lots on the west side of Atlantic Blvd., 4 face Atlantic Blvd., 3 are vacant, and 8 face the interior streets. Therefore, the orientation of the homes is mixed along the west side of Atlantic Blvd. Staff has compiled the relevant facts of the requested variances 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 entitled "Gabay Residence," by Toma Design Group Inc., stamped received April 9, 2025 consisting of twelve (12) sheets, including a survey prepared by Benigni J. Suarez, PSM, stamped received December 12, 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 53 VII. MAP REFERENCES Zoning Map April 17, 2025 PZ2025-04 Page 8 of 9 54 April 17, 2025 PZ2025-04 Future Land Use Map (END) Page 9 of 9 55 Un zq�='20 20900 N.E. 30th Ave, Suite # 1001, Aventura, FL, 33180 T.786-206-7290 / F. 1305 425 0327 / info@tomadesigngroup.com Marh 18th, 2025 Via Electronic Mail Amy Canales Planning & Zoning Director City of Sunny Isles Beach Florida 18070 Collins Ave Sunny Isles Beach, FL, 33160 CITY Op y\SLES9 RECEIVE_® PZ2025-04 3/18/2025 PLANNING & ZONING DEPT. RE: Gabay Residence: Single Family 2 Story Residence/ 201 1891h Terrace. Sunny Isles Beach, FL ("Project") Letter of Intent Requesting a Front Street Change and Pool setback Change Dear Mrs. Canales, This Letter of Intent is submitted on behalf of Mr. Yehuda Gabay ("Applicant"), the owner of the property located at 201 189th Terrace, Sunny Isles Beach, FL, 33160 ("Property"). The Applicant proposes the construction of an architectural jewel—a two-story, single-family home for residential purposes only. As detailed below, the Applicant's zoning application aligns with the Development Code of the City of Sunny Isles Beach, except for a minor pool setback relief and a front street designation change from 189th Terrace to Atlantic Blvd. Property and Existing Conditions The Property is situated in the Golden Shores neighborhood within the RS -1 zoning district, currently fronting 189th Terrace. As a corner lot with its rear facing north, the Property benefits from a predominantly residential area in close proximity to Collins Avenue, making it highly desirable for those seeking a thriving community. Currently, the Property is vacant, positioned near the intersection of 189th Terrace and Atlantic Blvd. Neighboring lots are located to the north and west, with additional homes across the street. There are no properties directly to the east or south. In recent years, Golden Shores has seen a trend of older homes being replaced by modern residences. The Applicant seeks to enhance the neighborhood by constructing a beautiful new home in line with this transformation. Project Description and Applicant's Vision The proposed project consists of a two-story, single-family residence with a total unit size of 3,926 sq. ft. on a 7,933 sq. ft. lot, featuring a warm tropical modern architectural style. Designed with an emphasis on contemporary elegance, the home will showcase horizontal lines, refined wood -like accents, glass, exposed concrete, and vertical cladding elements. The front facade features vertical wood slats framed between deep overhanging exposed concrete beams, providing both energy efficiency and shade. These elements, combined with wood -clad garage doors and second -floor accents, bring warmth and privacy to the residence while maintaining a modern aesthetic. 56 11 41111!! _"_1*b1 ADJAM 0 M, 20900 N.E. 30th Ave, Suite # 1001, Aventura, FL, 33180 T.786-206-7290 / F. 1305 425 0327 / info@tomadesigngroup.com The rear design continues the same material palette, integrating a covered terrace and a second -floor balcony parallel to the rear property line. Large sliding glass doors will provide seamless indoor -outdoor transitions, offering unobstructed views of the pool and lush landscaping. Additionally, a rooftop terrace has been incorporated to maximize exposure to the open water views of the bay and Intracoastal. The Applicant envisions a warm, modern home surrounded by tropical vegetation, blending harmoniously with the natural environment. Its location offers ample green space across 189th Terrace and Atlantic Blvd, ensuring a serene setting while maintaining convenient access to major thoroughfares. Zoning Variance Requested The project adheres to the City's Development Code, except for two minor variances: 1. Front Street LOT LINE Redefinition: The Applicant requests a zoning variance to redefine the front street from 189th Terrace to Atlantic Blvd. Several homes in the vicinity already have their front access on Atlantic Blvd, and given the owner's design intent to orient the home towards southern views, this redefinition is necessary to align with the overall vision. Formally this would be a "Lot Line, Front" to be considered the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot. 2. Pool Setback Reduction: Due to the design layout and building footprint, the Applicant seeks a reduction in the pool side yard setback. the pool setback requirements to decrease the minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'-11"). 3. Roof Eves/Overhangs: Front .Rear and side set back decrease for a 3 foot overhang only, not a reduction in setback for living space, but to an architectural feature to provide shade and sun protection. The requested variances will not negatively impact neighboring properties and are compatible with surrounding land uses. The proposed design contributes to the neighborhood's aesthetic appeal and enhances its architectural landscape. Beyond these minor variances, the project fully complies with RS -1 zoning and development standards. Conclusion:We are excited to contribute to the continued growth and beauty of the Golden Shores neighborhood. Our commitment to thoughtful design and quality development ensures that this home will be a magnificent addition to the community. We respectfully request a favorable recommendation from staff regarding the necessary variances to secure a building permit for this project. Thank you for your time and consideration. Please do not hesitate to contact us should you require any further information. Sincerely Martin Litman Toma Design Group Inc. 57 "0' "Dye 0l O' SqY C11 1 OF SUN ��C PUBLIC HEARING APPLICATION 1. Proposed Project Name: 2 Hearing # Date Received_ Folio Number - 1 . umber Gabay Residence L,tY OF \SLES� Ln id1 0 RECEIVED PZ2025-04 2/7/2025 PLANNING & ZONING DEPT. ame of Applicant 2 M U �iU�U2 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 Swom-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 City_tyY State FL Zi �31�v Tel. # (during working hours)_ - I m- a -mail er 60eA 1 9 wtGi i i . (or A 4. Name of Property Owner 12 "UAa (-tLty1 Mailing Address 3131 MiE ► T"A City_ -P1 rq State 1 Zip ) �U Tel. # (during working hours) e-mail, V -,�fcrCj c>a,ry\ 5. Contact Person (`l1Ur-h n O -M Yl Mailing Address 20900 NE 30th Ave Suite #1001 CityAventura State FL Zip 33180 Tel. # (during working hours) 3bS -fit -a=3 a -mail 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. b. FOLIO# 31-2202-008-0550, Lot 16, Block 8 "GOLDEN SHORES , 7. Address or location of subject property: aQl I? or ; of ccq"CE. �tAn n �j SIQS 133 1 W 0 8. Size of property: �U ft. x 100 ft. acres City of Sunny Isles Beach Public Hearing Application Package Page 4 of 30 58 Date subject property acquiredxor leased 0 day of JunZ M 1b 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 purchase Dor lease 0 the subject property or property contiguous thereto? 0 Yes or 'l 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) o Site Plan Approval o Conditional Use X Variance a Plat Approval ❑ Transfer Development Rights ❑ Vested Rights ❑ Appeals o 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 59 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 violation 16. Are there any existing structures on the property? ❑ yes X no If yes, briefly describe 17. Is there any existing use on the property? ❑ yes A no If yes, what is the use and when was it established? Use Established City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30 60 OWNER OR TENANT AFFIDAVIT FOR INDIVIDUAL STATE OF if uo f-�dct Public Hearing No. COUNTY OF M 16YY) + - bc;kCIV- ,IT, 0, \SLESB RECEIVED PZ2025-04 2/7/2025 PLANNING & ZONING DEPT. Before me, the undersigned authority, personally appeared uod,.0. C'' i2co-',____ 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: —k-eyt(a GP S&%AVI'l i L , �-1 19 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 forherjury a t e possibility of voiding of any zoning granted at public hearing. Witnesses: Signature J Print Name Affiant's ignaturer� :.';u�11 r., �t:l2 att,tv�t r:ruM }r^u'jrt�„ G a�ils►A cS:,S1aSiP r.5t::;i� Sworn to and subscribed before me on the 4" day of TMV -CA �(V , 20 PS Affiant is personally known to me or has produced 1 c CS Y-15-� as identification. Notary Public State of Florida �L Melisa D Ambrugna t® Ilt® My Commission HH 484632 Expires 1124/2026 N (Stamp/Seal) Commission Expires: City of Sunny Isles Beach Public Hearing Application Package Page 7 of 30 A 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 (MDFD) for the staging area of the proposed project along with the Miami -Dade County Biscayne Bay Shoreline Development Review Committee will review and comment for approval all development applications. These comments sometimes include requirements for an additional public hearing before (DERM) and the Environmental Quality Control Board, (EQCB) in the preparation and execution of agreements to run with the land, which are recorded, prior to obtaining a building permit. I 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 submitt 1 of Zoning Hearing application will not necessary forestall enforcement action against the prope�t . Fees: I understand that the hearing fees paid at the time of filin may nof bf the total cost of the hearing and that I will be advised of any other fees that can besociate th the public hearing application. , Print Name Notary: Sworn to and subscribed before me this day of ..4zb r" 41Mxjil;*7 Notary Public State of Florida Notary Public- to of FloridaMeliaa D Ambrugns (111 MY Comml{tlon NN 484832 Expires 1124/2029 HITT Oi y \5 LESLn 9 RECEIVED PZ2025-04 2/7/2025 PLANNING & ZONING DEPT. 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I I -I-I�----�—I—Ii--�L-tft---I— I I I I I �t I> I III I I I I; IL--��--I—I�----I-L-+I�-L— I III I I I I I III I I I I I III ; I l i III I I UI I i- rt - -'-i I I �-+ H I I I8�1� Hl- =r I r7— I I N„Ijl � 3� I I i t iT i .; � III �♦--� � -, :::,-- -� I I o$R �-II I--r--j ��gs �e I °viii I � III I I I �� I� I I °• I I ”- I I awlll I >I II I ew I I I '771 III I l °' lil I NEI all, 11111v11111v1m:1 W I I I I I I I I II II II I I I I I _ a— I I II _ II I I Q --I _ I I II uP, A i I I I I I II I I I I I II I I I I I III I III I Ijl j I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I II I I I I I II I I I III I III I III I III I I I I I I I II I I I I -IIt�-I— I I III I I I —1-1-- I _ I I --- -- �I III I -Ilt-r--I— I I II 111 I W I I I I I I I I II II II I I I I I _ a— I I II _ II I I Q --I _ I I II uP, A i W I I I I I I I I II II II I I I I I _ a— I I II _ II I I Q --I _ I I II uP, SUNNY ISC FS CITY OF SUNNY ISLES BEACH NOTICE OF ZONING HEARING L PO 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, April 17, 2025 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2025-04 Application: Variances for a New Single -Family Home Applicant: Yehuda Gabay Property Location: 201 189 Terrace, Sunny Isles Beach, FL 33160 Size of Property: 7,933 sq. ft. (0.18 acres) Zoning District: R-1 (Single -Family Residential) Summary: The Applicant, owner of the property located at 201 189 Terrace, is seeking approval for variances in relation to the construction of a new single-family home. The requested variances would allow the home to face Atlantic Boulevard instead of 189 Terrace, reduce the street side yard setback for a pool, and allow roof overhang encroachments into the front, street side, side, and rear yards. Request: 1. Pursuant to Section 265-5 of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the application of the definition of "Lot Line, Front" to consider the widest street frontage as the front lot line, instead of the narrowest street frontage on a corner lot. 2. Pursuant to Sections 265-31.D. and 265-45.I. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the pool setback requirements to decrease the minimum street side pool setback from seventeen feet (17') to four feet and eleven inches (4'-11"). 3. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the front yard setback requirements to allow a roof overhang to encroach into the front yard by four feet and ten inches (4'-10"). 4. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the street side setback requirements to allow a roof overhang to encroach into the street side setback by three feet (3'). 5. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the side setback requirements to allow a roof overhang to encroach into the side setback by two feet (2'). 6. Pursuant to Section 265-31.D. of the City of Sunny Isles Beach Land Development Regulations, the Applicant requests a variance from the rear side setback requirements to allow a roof overhang to encroach into the rear setback by four feet (4'). The plans reviewed are on file and may be examined in the City Clerk's Office. The plans are entitled "Gabay Residence," by Toma Design Group Inc., stamped received March 18, 2025, consisting of 11 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: Lot 16, Block 8, Golden Shores Ocean Boulevard Estates Section "B," according to the plat thereof as recorded in Plat Book 51, Page(s) 15, Public Records of Miami -Dade County, Florida. 75 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 the 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. 76 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: April 17, 2025 RE: Variances located at 201189 Terrace (PZ2025-04) 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 located at 201 189 Terrace, is seeking approval for variances in relation to the construction of a new single-family home. The requested variances would allow the home to face Atlantic Boulevard instead of 189 Terrace, reduce the street side yard setback for a pool, and allow roof overhang encroachments into the front, street side, side, and rear yards. ATTACHMENTS: Resolution Staff Report Applicant Letter of Intent Application Survey Proposed Plans Public Notice Item Number: 5.13 41