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)
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(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
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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.
City of Sunny Isles Beach
My commission expires l --a. _X I 2_4
Public Hearing Application Package
Page 17 of 30
14
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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