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HomeMy WebLinkAboutOrdinance 98-42 ORDINANCE NO. 98- 42- AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-36.1 OF THE CODE OF MIAMI-DADE COUNTY, ADMINISTRATIVE VARIANCE; REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach, by virtue of its Charter adopted by ballot of the electorate on a special election held on June 16, 1997, has unless otherwise modified or replaced, adopted on an interim basis, all Codes, Resolutions and Ordinances of Miami-Dade County in effect on the date of the adoption of the Charter, to the extent applicable to the City; and WHEREAS, the City is receiving administrative variances and Section 33-36.1 of the Miami- Dade County Code must be clarified and amended to suit the City's administration and Commission; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 33-36.1 Administrative variances. (a) Notwithstanding an other provision of this chapter, in RU-l, RU-2, and those other districts permitting single-family, duplex, and townhouse use, upon application duly made, the Building Official may, by administrative decision, approve any "non-use variance" request. For the purposes of this subsection, a "non-use variance," as defined in Section 33-311.1(e)(2), Code of Miami-Dade County, may involve matters such as setback lines, frontage requirements, subdivision regulations, height limitations, lot size restrictions, yard requirements and other variances which have no relation to change of use of the property in question. Requests varying setbacks spacing and lot coverage requirements from those specified elsewhere in the zoning regulations may only be approved providing that they do not exceed the following: (1) That the setback required is not reduced below fifty (50%) percent of that normally required. (2) That the lot coverage is not increased by more than twenty (20%) percent of that normally permitted, (3) That the spacing requirement between principal and accessory buildings is not reduced below fifty (50%) percent of that normally required. (b) Notwithstanding any other provision of this matter, in any district upon application duly made, the Building Official may, by administrative decision, approve any "non-use variance" request or "special exception" from zoning regulations on parking requirements for any property designated as an historical site and subject to a certificate of appropriateness pursuant to Chapter 16A of this Code. Such requests may be approved providing that "non-use variance" requests do not exceed the standards set forth in Section 33-36.1(a) and that "special exception" from zoning regulations on parking requirements requests to not reduce parking below thirty (30%) percent of that normally required. Further, the requirement of Section 33-36.1(i) shall not apply to administrative variances granted to designated historical sites pursuant to this subsection. (c) The Building Official may vary the setback requirements for screened enclosures, tennis courts, swimming pools and other accessory structures or uses providing that the setback required is not reduced below fifty (50%) percent of that normally required. (d) In granting the variation and issuing the permit, the Building Official shall find: (1) That the variance will be in harmony with the general appearance and character of the community. (2) That the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (3) That the proposed addition is designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of his land. (e) The application for variance shall be made by the fee owner of the property on a fonn prescribed by the Department and shall be submitted to the Department. The application shall include an accurately dimensioned plot use plan showing the existing structures on the subject property, the location of the proposed addition, the general location and use of existing structures on the adjacent property from which the variance is being requested. The application shall include a letter of intent explaining the reason and justification for the proposed addition and variance. The application shall be accompanied by: (1) The consent of all the owners of all adjacent or abutting lots to the subject property, and (2) The consents shall also include the owner of the lot(s) immediately across the street from the subject site, (t) Upon receipt of the application for variances, the Building Official, prior to making his decision, shall have a staff member of his Department inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed addition will have on the area. (g) Upon receipt of all necessary information including a staff report, the Building Official shall review the information and render his decision either approving, modifying or denying the request. A copy of said decision shall be published in a newspaper of general circulation, All approvals or modifications shall not be effective until ten (10) days after the Building Official's decision is published in a newspaper of general circulation. In granting any variances the Building Official may prescribe any appropriate conditions and safeguards he may feel necessary to protect and further the interest of the area and abutting properties, which may include but not be limited to the following: (I) Landscape materials, walls, and fences as required buffering. (2) Modifying of the orientation of any openings. (3) Modifying of site arrangements. The decision of the Building Official shall be recorded on the official zoning maps of Sunny Isles Beach. (h) The applicant, or any aggrieved property owner in the area, may appeal the decision of the Building Official to the City Commissioners in the manner provided for appeals of administrative decisions (Section 33-311(c)(2) of the Code). In the event an appeal is made by an aggrieved property owner in the area, the Building Official may stop or suspend any construction authorized by the variance until a decision has been made on the appeal. In the event the Building Official should determine that the suspension of the construction could cause imminent peril to life or property he may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper under the circumstances. Upon an appeal by an aggrieved property owner, the provisions of Section 33-311 shall be applicable. Section 9. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 10. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 11. Inclusion into the Code. The provisions of this Ordinance shall be included and incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering system, Section 12. Effective Date. This Ordinance shall take effect ten (10) days after adoption on second reading. PASSED AND ADOPTED on first reading the 25th day of June, 1998. PASSED AND ADOPTED on second reading this '~ay of ATTEST: ~,~~~1~ Richard 8rown-Morilla, City Clerk APPRpVEl;:> AS TO FORM AND LEGAL SUFFICIENCY: ~/. ........ Lynn M, Dannheisser, City Attorney Moved by: ~\~ ~ Seconded bY~\W\V~ VOTE: Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila Kauffinan Commissioner Daniel Iglesias Commissioner Connie Morrow (yes) J (yes) (yes) V (yes) ~ (yes) _ (no) _ (no) \/ (no)_ (no) _ (no)_