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1140 NE 91 Terr (4)PLANNING BOARD AGENDA OF Name of Owner /Applicant WILLIAM L . WALSH Name of Architect/Contractor 0 NER Phone No. Address of Property, and/or Legal Description 1140 N. E . 91 TERRACE Nature ofRequest APPROVAL OF VARIANCE TO ALLOW PATIO AND LATTICE IN SIDE SETBACK. Present Zoning R -20 Area of Present Building Area of Proposed Addition Total Area Parking Spaces Provided Parking Spaces Required with Addition Setbacks as per Code : Front Side 10' Rear Setbacks Provided : Front Side 8' Rear Variances/ ex YES PRESENT BUILDING IS NON - CONFORMING. REQUESTED PATIO AND LATTICE SCREEN ENCROACH INTO THE REQUIRED 10' SIDE SETBACK BY 2 FEET. Council Action Required pl ann i ng B A DENIED 10/15/98 Council Action ? Jore9ilag R 10 A OCTOBER 15, 1998 ITEM NO. 6 Phone No. ( 305) 757 -6763 Petition for Hardship Variance I have applied for a building permit to expand an existing screened patio in the rear of my residence at 1140 N.E. 91 Terrace and to construct a lattice privacy wall along the western edge of the expanded patio. The expansion is required to allow the placement of a spa within the screened enclosure. The spa to be installed is 7' 4" in length by 6'11 inches in width. Its weight (full) will be slightly over 4000 lbs. The existing patio enclosure is too small to contain the spa and the existing concrete slab is inadequate to support the weight of the spa. The Miami Shores Department of Building and Zoning has denied my request for a building permit because the proposed expansion would extend to a distance of 7.5 feet from the western boundary of the property. The current building code does not allow the proposed structure to extend closer than 10 feet to the edge of the property. The existing residence was built such that the walls on both the east and west sides of the house extend to a distance of 7.5 feet from the boundary of the property. When my grandmother built this house (around 1955) this was allowable. Indeed, the approved plans on file in the Department of Building and Zoning specify a 7.5 -foot distance from the east and west walls of the house to the edges of the property. The existing house was designed to completely fill the allowable space. Consequently, certain structural features of the house make it impossible to extend the screen enclosure to a distance of 10 feet from the western edge of the property. Specifically, large sliding glass windows are inset into the wall adjacent to the patio at this point. If the screened enclosure is to be extended to the west, it must be extended far enough to avoid interference with these windows. It must therefore be anchored on the section of blank wall between the western edge of the windows and the west wall of the house. The portion of the wall containing the sliding glass windows must be avoided because, since the windows are inset, it would be impossible to achieve an insect proof seal. Further, it would be necessary to remove the existing hurricane protection. The proposed construction would then preclude the installation of effective hurricane protection for that window. Lastly, obstructing the window area in this way would be extremely unsightly and would adversely impact the value of the residence Expansion of the existing patio to the south (the rear of the property) is restricted by the septic tank and drain field, the western edge of which is about 2' to the east of the proposed expansion. There is also interference from mature trees, including two forty - year -old "bottle" palms, which would necessarily be destroyed if the patio were extended in this direction. Expansion to the east from the eastern end of the existing patio would preclude all further expansion of the living area. In my opinion, the proposed extension has been planned for the only reasonable location for the spa, given the constraints imposed by the land and the construction of the existing residence. There is no other location to place it that does not interfere with the use of the spa, adversely impact the appearance of my residence, and unreasonably constrain my use of the property. I therefore request that the Miami Shores Planning and Zoning board grant a hardship variance to allow a permit to be issued for the patio extension as proposed. Specifically, this variance would allow the proposed construction to extend to a distance of 7.5 feet from the boundary of the property instead of the 10 -foot limit required by the current building code. In my opinion, this variance will not adversely impact the property of my neighbors or the appearance of the Village generally. Since the proposed construction will not extend past the existing west wall of the house, there will be no additional adverse impact on access to the rear of the property or to the appearance of the property from the street. My neighbor currently maintains a fence along this portion of the property so the construction will not place any additional constraints on my neighbor's freedom of movement in this area. Nor will this construction interfere with any allowable expansion of my neighbor's residence. Please note that my house is not unique in regard to the 7.5 -foot clearance at the boundaries. Other houses on this street are built equally close to the property line on one or both sides. At least one house in this block is built to the 7.5 -foot line and to the maximum allowable depth as well. Therefore, the benefits that would be granted by this variance are already enjoyed by other property owners in my neighborhood. It is my belief that the proposed construction will generally enhance the external appearance of my property and its value, to the benefit of my neighbors. I do not perceive that this patio will adversely affect their interests in any way. I urge you to order that the requested permit be issued. William L Walsh 1140 N.E. 91 Terrace Miami Shores, FL. 33138 Bus: (954) 846 -6840 Hm: (305) 757 -6763 LOT 19 BLK 2 FNO 1/2' IP NO ID 111 ALUM. SHED ON CONE SLAB 0.05' 0 , - 0.2' 7. 5 . • BOUNDARY SURVEY 14.5' 18.6' 6.5 • LOT 18 BLK 2 75.0' 34.65' . m • • - ' • • • 9.5' ll 13.5' PLANTER 6 .08', 45. 1 STORY RES • 1140 CBS LOWEST FLOOR ELEVATION • 8.05' GARAGE FLOOR ELEVATION - 6.31' • 7.75' 75.0' SKETCH OF SURVEY SCALE' 1' - 20' EA' 1/2 LOT 17 pLK 2 20.25' P • • • • • • •. 8.0' • • • • ASP r J r . 0.35' m U7 N FNO 1/2' IP / NO ID WEST 1/2 LOT 17 BLK 2 FNO 1/2' IP NO 10 020' 5.09' — NE 91 TERRACE(24' PAVEMENT) -- ------------------------- 50' TOTAL R/V AN/H HLOR EXIST. SCREENED PATIO DO NOT DISTURB 75.00' \ I \ D A AREA OF NEW SLAB SEE BLOWN -UP PLAN, THIS SHT. EXIST. ELEC. SERVICE P nmp CTnPY 15' -0" 9' -0" 0 W 3' -0" WIDE SCREEN OR (NOT A PART OF, IS PERMIT) :REEN REMOVAL BY OWNER SUPPILED VEN N i U U I N L_' / I I 1 _/ \ 1 SCALE: 1 /4" = 1' -0" 1 DOR 'EXISTING SCREENED IN PATIO FLOOR PLA\ SCALE: 1 /4" = 1' -0" 15' -0' r LINE OF PRODUCT APPROVED SCREEN ENCLOSURE, NOT A PART OF THIS PERMIT PATIO AREA 41 EXISTING SL. GL. WINDOW SPA ZNI WOOD LATICE (BY OWNER) ON P.T 2 X 4 WOOD STRINGERS ON P.T. 4 X 4 P.T. WOOD POST © 48" 0 SEE DETAIL THIS SHEET • SELF - CONTAINED SPA BY OWNER, ELECTRICAL HOOK -UP UNDER SEPARATE PERMIT. (NOT A PART OF THESE DOCUMENTS) EXIST. ELEC. SERVICE 0 WOOD LA.TICE (BY OWNER) 0 TYP. ATTACH P.T. 2 X 4�� STRINGER TO P.T. POST W/ 2 -16d N ' ILS P.T. 4 X 4 WOOD POST c 48" O.C. GRADE MIN. 12" CONCRETE FILLED Planning & Zoning October 15, 1998 Page 2 Mr. Hegedus passed the gavel back to Mr. Blum ITEM #3 APPROVAL OF PLANS FOR GARAGE ENCLOSURE J A. Key 112 NE 110 Street Mr. LuBien indicated that all plans for garage enclosures must come before the Board. The plans submitted are for a garage conversion to a bedroom storage area. Ms. Kelly was present on her own behalf and spoke of the proposed plans to expand the property from a 3 bedroom/2 bath to a 3 bedroom/3 bath home. Mr. Hegedus moved that the application be approved with a second from Mr. Powell. The vote was unanimous in favor. ITEM # 4 APPROVAL OF TWO FREE STANDING SIGNS TO REPLACE EXISTING ONES Nations Bank 9190 Biscayne Boulevard Mr. LuBien indicated that the existing signs will be replaced with detached signs in similar locations. There will be a sign at the front of the bank and one at the rear. Ms. Maura Gonzalez, architect for Nations Bank, was present on her own behalf Ms. Gonzalez noted that the replacement signs are necessary due to the name changeover of the bank. Mr. Powell moved that the application be approved with a second from Mr. Hegedus. The vote was unanimous in favor. ITEM #5 DENIAL FOR REQUEST OF VARIANCE TO ALLOW PATIO & LATTICE IN SIDE SETBACK William L. Walsh 1140 NE 91 Terrace Mr. LuBien e5cpiained that property is a nonconforming building. The requested patio and lattice screen encroach into the required 10 feet setback by 2 feet. Mr. Walsh was present on his own behalf and requested that a hardship variance be granted to his property. Mr. Walsh stated at the time of construction a 7.5 feet setback was specified. He discussed that building the patio and lattice at any other location than the one requested would required major reconstruction to property. Mr. Blum noted no hardship had been presented by Mr. Walsh and that alternate locations that would adhere to the 10 feet setback should be researched. Mr. Sturman moved that application be denied with a second from Mr. Hegedus. The vote was unanimous for denial of request.. PERMIT APPLICATION FOR MIAMI SHORES VILLAGE Date c( 4/v q Job Address 1)' 0 U(/ • t . 7/ 76i212 Tax Folio / ! 32. c g 00/ G "13 0 Pea — ' ( 1 Legal Description W tCKSCtGG L07 /8 51 & % z OF GAT 17 Historically Designated: Yes No Owner/Lessee / Tenant 1N, LL /fl M L h/)9 LS Fi Master Permit # 1 13 7 57 Owner's A d d r e s s / j qd J U , L - ° I [ 7 E X P h o n e (30S) 75 7 -4 Contracting Co. OW ME Address gt( —6 6 Qualifier SS# Phone State # Municipal # Competency # Ins. Co. Architect/Engineer Biz UC G A 4 it t/ n Address Ic a G 4 /3 LGS F L ? 31 3 y ii E 303 Bonding Company Address Mortgagor Address Permit Type (circle one) BUILDING ELECTRICAL PLUMBING MECHANICAL ROOFING PAVING FENCE SIGN WORK DESCRIPTION Ex- 7Crirl i xr5r) Srf2cctiCr fs4 t 0 +- Nika oczo Square Ft Estimated Cost (value) $ 3 da 0 WARNING TO OWNER: YOU MUST RECORD A NOTICE OF COMMENCEMENT AND YOUR FAILURE TO DO SO MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY (IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.) Application is hereby made to obtain a permit to do work and installation as indicated above, and on the attached addendum (if applicable). I certify that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that separate permits are required for ELECTRICAL, PLUMBING, SIGNS, POOLS, ROOFING and MECHANICAL WORK. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. Furthermore, I authorize the above -named contractor to do the work stated. 9'NoU 9'8 Signature of owner and/or Condo President Date Notary as to Owner and/or Condo President Date My Commission Expires: FEES: PERMIT gf0s RADON APPROVED: Zoning Building `✓ 1 t / Electrical Mechanical Plumbing Engineering , Signature of Contractor or Owner- Builder Date Y/ A d -- - 447-z z/-0 a or „ ,:... GTAltYSEAL otary as to C My Commission Expir IVIikeSTATE OF D► : Ck9414telON No. CC?t4it caiNI 4IAN EXP. MR. 1 Date / g a� C.C.F. / • NOTARY BOND 0 TOTAL DUE 3 [ z 3 1: COMMUNITY NUMBER 120652 2: PANEL NUMBER 93 3 SUFFIX J LOT 19 BLK 2 4: DATE OF FIRM INDEX 7/17/95 END I /2' IP NO ID ALUM. SHED ON CONC SLAB 0.05' — 5 FIRM ZONE AE 7.5' t o . GENERAL NOTES. 11 BASIS OF BEARING. ASSUNNED MERIDIAN 2) ELEVATIONS SHOWN HEREON ARE RELATIVE TO NATIONAL GEODETIC VERTICAL OATUMUN.O.V.D.) 3) LOCATION AND IDENTIFICATION OF UTILITIES ON AND/OR ADJACENT TO THE PROPERTY WERE NOT SECURE AS SUCH INFORMATION WAS NOT REQUESTED. 41 NOT VALIO WITHOUT THE SIGNATURE AID THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 51 ENCROACHMENTS AND VIOLATIONS ON SURVEYCIF ANY). BOUNDARY SURVEY co 14.5 18.6 6:8ASE FLOOD ELEVATION 8.00 6.5 D LOT 18 BLK 2 LEGAL DESCRIPTION LOT 18 & EAST 1/2 OF LOT 17 IN BLOCK 2 OF WATERSEDGE. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9 AT PAGE 141 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. 75.0' X.XX LOWEST FLOOR ELEVATION . 8.05' GARAGE FLOOR ELEVATION - 6.31' 1 STORY RES 40 1140 COS PLANTER L 7.75 75.0' SKETCH OF SURVEY SCALE' 1' - 20' 13.5' / \ 20.25' P ANTE4 v 6.08' '� - \ LEGEND' FND - FOUND CM - CONCRETE MONUMENT IR - IRON ROO IP - IRON PIPE R/W - RIGHT OF WAY POB - POINT OF BEGINNING POC - POINT OF COMMENCEMENT PC - POINT OF CURVE POC - POINT ON A CARVE — i -- CHAIN LINK FENCE - -- WOOD FENCE PB - PLAT BOOK P - PAGE M - MEASURED D - DEED R - RADIUS A - ARC A - CENTRAL ANIILE C - CHORD -----, - ELEVATION — I —I— NON- VEHICULAR ACCESS LINE I ▪ I - GONCIETE -u- - DVERHEAO LINE 0 - MAIMlfOLE MI CB - CATCH BASIN EAST 1/2 LOT 17 BLK 2 ■ v' 9.5' v D , ASP 5.09' - NE 91 TERRACE(24' PAVEMENT)- 50' TOTAL R/W {—.0.35' x ('1 X —LON FND 1/2' IP NO ID WEST 1/2 LOT 17 BLK 2 FND 1/2' IP NO ID 825' CERTIFICATION OF BOUNDRY SURVEY: I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE C AND BELIEF :, STANDA S AS 5 LAND U VEYOR CO P :UAN H JU S. PITA, P.L.S. PROFESSIONAL LAND SURVEYOR L ENSE NO. PSM 5789 STATE OF FLORIDA O 1/2' IP BLK COR RGE AND TO THE BEST OF MY KNOWLEDGE S SURVEY MEETS THE MINIMUM TECHNICAL T FORTH BY THE BOARD OF PROFESSIONAL IN CHAPTER 6IG17 -6 FLORIDA ADMINISTRATIVE TO SECTION 472.027. FLORIDA STATUTES. JULIO S. PITA. P.L.S. LAND SURVEYORS 7805 CORAL WAY. SUITE 100 MIAMI. FLORIDA 33155 PHONE. (305) 262 -2404 SECTION: 5 - 42 I COUNTY: DADS CERTIFIED TO WILLIAM L. WALSH 1140 NE 91 TERRACE. MIAMI SHORES. FLA 33138 DATE: 9/22/98 I REF: 98 -34 1 DWG: GL 1'141 BUILDING ❑ MIAMI SHORES VILLAGE FLORIDA ELECTRICAL ❑ Date `�' • � . 19L, PLUMBING ❑ PERMIT N? 9487 Contractors b ; `3 � ROOFING ❑ License No. ❑ Work to be performed under this Permit Owner of Building CONTRACTOR or BUILDER • r Architect 4, ....- > , E. , � 0.-% i ti A, , AA; G • • • C S t " Contractor 1 3 f or Builder J `' *.— t— < I , % G 7 4 Legal Lot i 1 Description 11 B1 Address of 1 $ Li J -- 9 Building �� • I fr � .....,el si,sl es..� c - tj Subdi- vision Sq Ft Value of we, I I Amount of 2, Project $ 1 q I Permit $ This permit is granted to the contractor or builder named above to construct the building or to install the equipment or device described in the applica- tion herefor in strict compliance with all ordinances pertaining thereto and with the understanding that the work will be performed in compliance with any plans, drawings, statements or specifications that may have been submitted to and approved by the proper municipal authorities. This Permit may be revoked at any time if the work is not done in compliance with such ordinances or if the plans are changed without authorization. A further condition upon which this permit is granted is the understanding that the contractor or builder named above assumes the responsibility for a thorough knowledge of the ordinances and regulations pertaining to the work covered hereby whether shown on the plans or drawings or in the statements or specifications and that he assumes respon- sibility for work done by his agents, servants or employees. Signed- • ( (INSPECTOR) BY In consideration of the issuance to me of this permit I e to perform the work covered hereunder in compliance with all ordinances and regulation, pertaining thereto and in strict conformity with the plans, dra s, statements or specifications submitted to the proper authorities of Miami Shores Village. In accepting this permit I assume responsibility for all work one by either, myself, my agent, servant or employee. BY AUTHORITY