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HomeMy WebLinkAboutZoning Resolution 23-Z-199RESOLUTION NO. 23-Z- 9 q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE APPLICATION FOR VARIANCE (APPLICATION NO. PZ2023-05) SUBMITTED BY AVISHAI VAKNIN (THE "APPLICANT") TO ALLOW A VARIANCE DECREASING THE MINIMUM LANDSCAPING AND GREEN AREA REQUIREMENT OF §265- 31(D)(5) OF THE CITY'S LAND DEVELOPMENT REGULATIONS, FROM TWENTY-FIVE PERCENT (25%) TO FOURTEEN AND NINE -TENTHS PERCENT (14.9%) OF THE TOTAL LOT AREA, AT THE SINGLE-FAMILY PROPERTY LOCATED AT 19432 38TH COURT, SUNNY ISLES BEACH, FL 33160; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Avishai Vaknin (the "Applicant") submitted a zoning variance application, numbered PZ2023-05 (the "Application"), to the City of Sunny Isles Beach, Florida ("City") requesting the following: 1. Pursuant to Sections 265-31(D)(5) of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a decrease of the minimum landscaping and green area requirement from twenty-five percent (25%) to fourteen and nine -tenths percent (14.9%) of the total lot area; LEGAL: LOT 47A, BLOCK 1, GOLDEN GATE ESTATES AND MARINA REPLAT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 149, PAGE 65, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. ADDRESS: 19432 38th Court, Sunny Isles Beach, FI 33160 WHEREAS, the public hearing of the City Commission was advertised and held as required by law, all interested parties concerned in the matter were heard, and due and proper consideration was given to the matter and to the information contained in the City's Development Services Department Development Review Report; and WHEREAS, notice was provided to all interested parties regarding the Application; and WHEREAS, on June 15, 2023, the City Commission conducted a public hearing on the Application; and WHEREAS, the City Commission reviewed the Application, the written and oral recommendations of the Development Services Department and finds that the Application meets the criteria for variance under the Land Development Regulations and the Comprehensive Master Plan of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby ratified and confirmed as being true and the same are hereby made part of this Resolution. Section 2. Findings and Conclusions. Based upon an analysis of the application and the standards for approval for a variance under the Land Development Regulations and the Comprehensive Master Plan of the City, the City Commission makes the following findings and conclusions: The application for a variance approval seeking a decrease of the minimum landscaping and green area requirement from twenty-five percent (25%) to fourteen and nine -tenths percent (14.9%) of the total lot area is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations. Section 3. Approval. The Applicant's request for approval of a decrease of the minimum landscaping and green area requirement from twenty-five percent (25%) to fourteen and nine - tenths percent (14.9%) of the total lot area is hereby APPROVED, subject to the following conditions: 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, which are entitled "Pavers Replacement," by MR Engineering Consultants, Inc., stamped received April 28, 2023, consisting of 1 sheet, and a survey prepared by County -Wide Land Surveyors, Inc., stamped received April 28, 2023, consisting of 1 sheet. Plans are subject to revisions -based comments provided by staff of the City of Sunny Isles Beach. Plans are subject to modification. 2. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Development Services Department and be consistent with the specific plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicants shall be required to obtain another approval of the City Commission. 3. That the Applicant shall submit a staging plan before commencing any construction activity, the staging plan shall provide a schedule of activities such as, parking arrangements, lane closures, sidewalk closures, and any other required activity that may provoke an impact at the surrounding areas to the site. The staging plan should be approved administratively by the City Manager or designee. 4. That the approved plan shall remain valid for a period of 24 -months from the date of the site plan modification approval. If no building permit is issued within the 24 -month time period, the site plan shall be considered null and void and of no force and effect. 5. That the Applicants comply with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 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 thi! Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Mauricio etancur, kMC, City Clerk Alain E. Boileau for Nabors, Giblin k -e-'& Nickerson, P.A., City Attorney Moved by: D 'S,S'i N�" / Seconded by: Vote: Mayor Svechin (Yes) _Z(No) Vice Mayor Joseph (Yes) (No) Commissioner Lama (Yes) _AZ(No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) June 15, 2023 PZ2023-05 y 9s��0 �P F * FLOR `+ C'TY OF SUN PCO CITY OF SUNNY ISLES BEACH STAFF REPORT SINGLE-FAMILY HOUSE LANDSCAPING AND GREEN SPACE VARIANCE I. APPLICATION SUMMARY Application Number: PZ2023-05 Application Summary: The Applicant, owner of the property, is seeking approval of one variance in relation to paver installation. Specifically, the Applicant proposes reducing the landscaping and green area from twenty-five percent (25%) to fourteen and nine -tenths percentage (14.9%) of the total lot area. The reduction of landscaping and green space will accommodate the installation of pavers. Applicant/Owner: II. SITE INFORMATION Location: Property Size: Folio: Avishai Vaknin 19432 38th Court Sunny Isles Beach, FI 33160 Attn: Rod A. Feiner, Esq. 19432 38th Court 7,049 sq. ft. (0.16 acres) 31-2202-036-0030 Legal Description: Lot 47A, Block 1, Golden Gate Estates and Marina Replat, according to the map or plat thereof, as recorded in Plat Book 149, Page 65, Public Records of Miami -Dade County, Florida. Site Description: The property is a rectangular lot in the Golden Gate residential neighborhood that has frontage on 38th Court and abuts the intercoastal waterway. It was developed with a single-family house in 1998. The property has an active code enforcement violation for work without permits, case CDEF2020-448. The Applicant submitted a building permit for after -the -fact paver Page 1 of 5 94 June 15, 2023 PZ2023-05 installation, which upon zoning review resulted in this variance request. Future Land Use: Low Density Residential This category is intended to have residential densities ranging from a minimum of 2.5 to a maximum of 6.0 dwelling units per gross acre. This density category is generally characterized by single-family housing (e.g. single family detached, cluster, zero -lot -line and townhouses). It could include low-rise apartments with extensive surrounding open space or a mixture of housing types provided that the maximum gross density is not exceeded. Zoning District: Single-family Residential (R-1) The Single-family Residential (R-1) District provides for low- density residential development of one -family detached dwellings of up to one unit per lot at a maximum density of six units per net acre consistent with the City's Comprehensive Plan Land Use Element and the corresponding Low Density Residential land use category. The uses within this district shall be consistent with, but may be more restrictive than, the Low Density Residential Land Use category permitted uses. Adjacent Properties: III. REQUEST The Applicant has renovated the existing two-story single-family house. The following variance request will allow for the installation of pavers around the property: 1. Pursuant to Section 265-31 of the City of Sunny Isles Land Development Regulations, the Applicant is requesting to decrease the minimum required landscaping and green area from twenty-five percent (25%) to fourteen and nine -tenths percent (14.9%) of the total lot area. IV. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Pavers Replacement," by MR Engineering Consultants Inc. stamped received Page 2 of 5 95 Existing Use Zoning District Future Land Use North Single-family home R-1 Low Density Residential East Single-family home R-1 Low Density Residential South Single-family home R-1 Low Density Residential West Intercoastal waterway N/A Water III. REQUEST The Applicant has renovated the existing two-story single-family house. The following variance request will allow for the installation of pavers around the property: 1. Pursuant to Section 265-31 of the City of Sunny Isles Land Development Regulations, the Applicant is requesting to decrease the minimum required landscaping and green area from twenty-five percent (25%) to fourteen and nine -tenths percent (14.9%) of the total lot area. IV. ZONING REVIEW The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Pavers Replacement," by MR Engineering Consultants Inc. stamped received Page 2 of 5 95 June 15, 2023 PZ2023-05 April 28, 2023, consisting of one sheet and a survey prepared by County -Wide Land Surveyors Inc. stamped received April 28, 2023, consisting of one sheet. 1. The following is a review of the Land Development Regulations relevant to the construction of the new single-family home and associated variance request: Sec. 265-31.D. — Single -Family Residential (R-1) site development standards. (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: The Golden Gate development received a non-use variance from Miami -Dade County to increase the allowable lot coverage to 55%. That resolution, Z-120-94, did not include a reduction in the minimum landscaping and green space and therefore the subject property must comply with the City landscaping and green area requirement. The proposed plans provide 14.9% of landscaping and green area. Variance requested. 2. The following are the standards of review for variance applications from code Sec. 265-15.G.: A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met. (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; (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; Page 3 of 5 96 June 15, 2023 PZ2023-05 (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. While the Applicant describes in the Letter of Intent that the variance is necessary for installation of a secondary driveway, the pavers have been installed around the entirety of the property. Pavers from the rear or side yard could be removed in effort to comply with the landscape and green area regulation. Therefore, there is not a hardship that supports the proposed landscaped area reduction. The subject property does not have a special condition or circumstance that is not applicable to other lands, structures or buildings in the same zoning district. Other homes within the Golden Gate neighborhood have permitted paver installations and those have been required to meet the 25% green area minimum. The proposed variance is not necessary to make possible reasonable use of the land, building or structure. A second paver driveway could be accommodated while also meeting the green area minimum by removing some of the pavers in the rear or side yards. However, granting of the variance is not injurious to the neighborhood and would not otherwise be detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. The Applicant has asserted in the application that the variance request will not negatively impact the adjacent properties. Staff has compiled the relevant facts of the requested variance and recommends the application be presented to City Commission for consideration. VI. CONDITIONS If the City approves this application, the application will be subject to the following conditions set forth below: 1. That the plans in the approval be substantially in accordance with that submitted for public hearing, the plans are "Pavers Replacement," by MR Engineering Consultants Inc. stamped received April 28, 2023, consisting of one sheet and a survey prepared by County -Wide Land Surveyors Inc. stamped received April 28, Page 4 of 5 97 June 15, 2023 PZ2023-05 2023, consisting of one sheet. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. 2. Upon the submittal of an application for a building permit, the plans submitted shall be approved by the Development Services Department and be consistent with the specific plan approved by the City Commission. Plans shall include all the required elements of the site plan pursuant to the City's Land Development Regulations and recommendations. Should compliance with recommendations result in a change that would not be considered "minor" in accordance with Section 265-18 of the City Code; the Applicant shall be required to obtain another approval of the City Commission. 3. That the Applicant shall submit a staging plan before commencing any construction activity, the staging plan shall provide a schedule of activities such as, parking arrangements, lane closures, sidewalk closures, and any other required activity that may provoke an impact at the surrounding areas to the site. The staging plan should be approved administratively by the City Manager or designee. 4. That the approved plan shall remain valid for a period of 24 -months from the date of the site plan modification approval. If no building permit is issued within the 24 - month time period, the site plan shall be considered null and void and of no force and effect. 5. That the Applicant complies with all City Ordinances, County, State and Federal Laws and Regulations applicable to development and permit approvals. (END) Page 5 of 5 98 RECEIVED -P �F zcrz,3 a 5 PUBLIC HEARING APPLICATIC iN MAY R 2_023 �gal 'y Hear ng # Datea e'v "N Foto f�11NG &ZONING DEP i City of Sunny Isles Beach, FL °r suK 1. Proposed Project Name.• Vaknin Home Driveway Expansion 2. Name ofAppiicant Rod A. Feiner, Esq_ 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, rf applicant is a corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. 3, Applicant Mailing Address— 1404 S Andrews Avenue CityFort Lauderdale _kin .` _ ---State_ FL `Zip 33316 Tel. # (during working hours) 964-787-3636__e_�lydfeinerAcoker-feiner,com 4. Name of Property Owner Avishal Vaknin MailingAddress_19432 38 Court City.Sunny isles Beach_ �e FL — 7,1p 33180 Tel. # (during working hours) e � avi6tehhu6omputers.com 5. Contact Person Rod A. Feiner, Esq. Mailing Address 14Q4.8 AndrewsA_ venyq__ City Fort Laudeyd@J.0 _ State. F1 _ _ Zip 33316 Tel. # (during working hours)_954_69.3636 e-mail rafetner a�coker feiner.corn 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. Uf 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 ifnecessary. Verify the legal description is correct: Lot 47A, Block 1, Golden ©ate Estates and Mosan Replate, according to the map or Pj@1 thereof, recorded in Plat ,s Book 149,_Pa�e.65 of the Publto Recor lis of. Miarr��a� Cour Florida; 7. Address or location of subject property: 19432 38th Court Sunnlstes Beach. FL 33160 8. Size ofproperty: 140.89 i x 51 ft. acresG%Q City of Sunny Isles eeeoh Public Hearing Application Package Page 4 of 30 99 9. Date subject property acquired Mr leased Q 31 day of January 2020 _ _ _. term of lease _ _ . tears/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 1. Is there an option to purchase Dor lease the subject property or property contiguous thereto? ❑ Yes or i kNo If yes, who are the potential purchasers or lessees? (Complete section of Disclosure of Interest form also). 12. Present zoning classification (s):— I J( .� 13. REQUEST (S) COVERED UNDER THIS APPiICATION: Please check the appropriate box and give a brief description of the nature of the request in the space provided ❑ Comprehensive Plan Amendment E3 District Boundary Change (s) o Site Plan Approval o Conditional Use x Variance o Plat Approval El Transfer Development Rights o Vested Rights a Appeals E3 Other: 14. Has a public hearing been held on this property within the last year and a half? o yes )a no If yes, applicants name Date of hearing„__ Nature of hearing.. Decision of hearing Resolution # City of Sunny Isles eeach public Nearing Application Package page 5 of 30 100 IS. Is this bearing being requested as a result of violation notice? )Q yes o no If yes, give name to which violation notice was served Avi V-kk1n _ __ _ Nature of violation Work performed Without a hermit 16. Are there any existing structures on the property? R yes o no If yes, briefly describe single-family home 17. Is there any existing use on the property? 4 yes ❑ no If yes, what is the use and when was it established? Us e•,singtewfamilr .Rome . Established City of Sunny Isles Beach Public Hearing Application Package Page 6 of 30 101 RECEIVED FAPR 2. 8 2023 FZ2-oz3 --0 5 PLANNING &ZONING DEPT, City of Sunr> l i § @BaEkC A OWNER OR TENANT AFFIDAVIT FOR INDIVIDUAL COUNTY OF NAJU%J-U-'— (ua( . Public Hearing No. PZ 2'0"? -3 —'OS - Before me, the undersigned authority, personally appeared _ Avishai Vaknin 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: Lot 47A, Block 1, Golden Gate Estates_ and_Mosna Replat, according to the map or plat thereof, recorded in Plat Book 149, Page 65, of the Public Recoals of-Mlaml-rade County, Elorida 3. Affiant understands that the matters attached to and made part of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before the application can be submitted and the hearing advertized. 4. Affiant understands this affidavit is subject to the penalties of law for perjury and the possibility of voiding of any zoning granted at public hearing. Witnesses: Print Namc - Signature Print Name Atfiant's Signature Print Name Sworn to and subscribed before me on the _day of _April 20 23 Affiant is personally known to me or has produced Avishai Vaknin — as identification. • /� --\ Notary (Stamp/Seal) Commission Expires: KNotary ��ublio state of Floridall Roza radonmission HH 340040reS 12/18/2028 City of Sunny Isles Beach Public Hearing Application Package Page 7 of 30 102 April 26, 2023 Ms. Amy Canales, AICP Planning & Zoning Director City of Sunny Isles Beach Sunny Isles Beach, FL I SWris .P(i!i C_.[= I E � � I D 1APR 2 8 2023 WFzzo'23—Os PLI-'Jgif�1� ',I ' &"ZONING DEENT. City of Sur1riy Isle: Beach, FL Re: Variance Request for 19432 38" Court; Avishai Vaknin Letter of Authorization for Rod A. Feiner, Esq. to Act as Agent Dear Ms. Canales: Please be advised that I am the Owner of the property which has a mailing address of 19432 381i Court, Sunny Isles Beach, FL. Please accept this letter as my authorization for Rod A. Feiner, Esq. and any attorney at Coker & Feiner or their representatives to be my agent and file applications and appear on my behalf at any public hearings before the City of Sunny Isles Beach with regard to the above -referenced application and any other applications associated with the Property. Thank you for your courtesies in this regard. 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Re: Avi Vaknin; 19432 38th Ct Letter of Intent; Variance Request and Justification GENERAL PROJECT DESCRIPTION TELEPHONE (954)761-3636 TELEFAX (954)761-1818 rgcoker@coker-feiner.com rafeiner@coker-feiner.com krcoker@coker-feiner.com I'"I" E L`;' SIV PZ7_0z.3 -05 MAY 9 ?023 PLANNING & ZONING DEPT. City of Sunny Isles Beach, FL The parcel of property on which this variance is requested is currently owned by Avishai Vaknin. Mr Vaknin purchased the property on January 31, 2020. The property is located adjacent to 38' Court and is located on the cul -du -sac at the end of this roadway. The property is surrounded by other single-family homes. The property owner expanded and increased the length and width of his driveway in order to be able to park automobiles of visitors to his property on the driveway rather than forcing such visitors to park on the side of the street which, considering the property is located on a cul -du -sac, would likely lead to issues with vehicular circulation on 38a' Court In addition, the homeowner's association of which this property is a part has approved the expansion of the driveway. VARIANCE REQUESTED A variance from Section 265-31(D)(5) of the Code to allow the property to have fourteen and nine -tenths percentage (14.9%) of landscaping and green area when Code requires that a single-family residential property have twenty five percent (25%) landscaping and green area. VARIANCE REVIEW STANDARDS 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. 106 There are special conditions and circumstances which are peculiar to the land and building involved. In this particular case the property is located on the cul -du -sac for 38th Court. In addition, 38h Court is a residential street where there generally exists only ten feet (10') of total landscaping between paved areas and/or driveways. The ten feet (10') of landscaping between driveways is not a sufficient length on which a car can be parked without impinging upon the driveway of an adjacent house. Thus, there is really no space for overflow parking which does not impede traffic on the adjacent roadway. After the Owner purchased his property he began to have several visitors to his property; the Owner has significant family which live in the South Florida community and frequently family members spend the entire weekend with the Owner and his family. When family members and other visitors wished to park a vehicle on the existing driveway there was not sufficient room. In fact, before the driveway was expanded the Petitioner's driveway was significantly shorter than the driveways which are constructed and existing on adjacent and nearby properties. The shorter and abbreviated driveway on the Owner's property caused visitor's vehicles to either partially block driveways of the neighboring properties or the vehicles had to park on the street. Parking vehicles on the street then impacted traffic circulation on 38h Court and caused unsafe traffic conditions to exist. It is for this reason that the driveway was expanded. The special conditions and circumstances do not result from the actions of the petitioner. While the requested variance is the result of the Petitioner expanding his driveway without a permit, the underlying property conditions of the narrow landscaping between houses, the width of 38' Court and the lack of depth of the existing paved areas are not the result of the actions of the Petitioner. Instead the Petitioner was merely reacting to the underlying special conditions and circumstances which existed. 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. The literal interpretation of the provision of the LDR which deprives the applicant of rights commonly enjoyed by other properties and would work an unnecessary hardship on the Owner/Applicant. As previously mentioned, many of the other properties in the Owner's neighborhood are legally non- conforming with regard to the amount of landscape and green area. The adjacent properties have significantly less landscape and green area than what is currently allowed by Code. In addition, the Owner would experience an undue hardship because visitors could not come to the property because there would be nowhere for them to park without causing a traffic hazard or partially blocking the driveways of adjacent homes. 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. The variance relates to the amount of landscape and green area. The use which is occurring on the property, that of a single-family home, is permitted by Code and has not been deliberately created to establish a use or structure which is not otherwise consistent with the LDRs. Each single-family home is allowed to have a driveway. The variance only relates to the size of the driveway being requested. 107 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. Granting the variance will allow this property to be treated the same as other owners of property in the same zoning district. In the Owner's community many of the single-family homes have a larger driveway than the Owner and these homes are legally non -conforming with regard to the amount of landscape and green area. Granting the variance would thus place this property in the same position as other property owners in this community. The variance, if granted, is the minimum variance that makes possible the reasonable use oj'the land, building or structure. The variance requested in the minimum variance necessary. The Owner has ensured that the front sides of the property meet the five foot (5) landscape width between the property boundary and the beginning of the driveway. In addition, the Owner has a landscape buffer around the property lines in the rear of the house. As a result thereof the Owner has attempted to place landscaping on the property. The grant of the variance is in harmony with the general intent andpurpose 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. The grant of the variance is in harmony with the general intent and purpose of the LDRs. The granting of the variance will allow visitors to the home to park their vehicles without blocking traffic on 381 Court and without interfering with neighbors driveways. In addition to the above, if the variance is granted the Owner will still need to obtain a building permit for the driveway expansion. The permitting process will ensure that all stormwater is handled appropriately, thereby showing compliance with the general purpose and intent of the Code. 108 NNY I CITY OF SUNNY ISLES BEACH I.F Ow.� � NOTICE OF ZONING HEARING a �F SUN ' 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, JUNE 15, 2023 AT 6:30 P.M., to consider the following Zoning application: Public Hearing #: PZ2023-05 Application: Vaknin Home Driveway Expansion Applicant: Rod A. Feiner, Esq. Location: 19432 3811 Ct., Sunny Isles Beach, FL 33160 Size of Property: 7,049 sq. ft. (0.16 acres) Zoning District: R-1 (Single -Family Residential) Summary: The Applicant is seeking approval of a variance in relation to the installation of pavers and a driveway expansion at an existing single-family home. The proposed variance is to decrease the minimum required landscaping and green area of the R-1 zoning district from twenty-five percent (25%) to fourteen and nine -tenths percent (14.9%) of the total lot area. Request: Pursuant to Section 265-31 of the City of Sunny Isles Land Development Regulations, the Applicant is requesting to decrease the minimum required landscaping and green area from twenty-five percent (25%) to fourteen and nine -tenths percent (14.9%) of the total lot area. The plans reviewed are on file, and may be examined, in the City Clerk's Office and are entitled "Pavers Replacement," prepared by MR Engineering Consultants Inc. stamped received April 28, 2023, consisting of one sheet and a Survey prepared by County -Wide Land Surveyors Inc. stamped received April 28, 2023, consisting of one sheet. Plans are subject to revisions based on comments provided by zoning staff of the City of Sunny Isles Beach. Plans are subject to modification. Legal: Lot 47A, Block 1, Golden Gate Estates and Marina Replat, according to the map or plat thereof, as recorded in Plat Book 149, Page 65, Public Records of Miami -Dade County, Florida. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 or by sending an email to PublicComments@sibfl.net. All comments and questions will be read into the record at the meeting. All comments and questions must be received prior to the commencement of the meeting. Maps and other data pertaining to these applications are available for public inspection during normal business hours in City Hall. The hearing on these matters may be continued at this meeting and under such circumstances, additional legal notice would not be provided. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting, they will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the City Clerk at 305-792-1703, TTY 305-792-1589 no later than 48 hours prior to the proceedings. 109 F 647'Nt 42 film Pf 5t1A�4 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris, City Manager Amy Canales, Planning and Zoning Director June 15, 2023 Zoning Application #PZ2023-05 - Avishai Vaknin - 19432 38th Ct. - Landscap( Variance 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 is seeking approval of a variance in relation to the installation of pavers and a driveway expansion at an existing single-family home. The proposed variance is to decrease the minimum required landscaping and green area of the R-1 zoning district from twenty-five percent (25%) to fourteen and nine -tenths percent (14.9%) of the total lot area. ATTACHMENTS: Staff Report Application Packet Proposed Plan and Survey Letter of Intent Public Hearing Notice Item Number: 6.13 93