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145 NE 95 St (3)PLANNING BOARD AGENDA OF 401•••1 1'3 111(/ ITEM NO. 13 It6X/14' k'k Name of Owner /Applicant 5.4.400,SoN Phone No.310 1 411 vi Address of Property, and /or Legal Description NI tiV . Q' 9/6 Nature of Request APPROV IF ft-KM VIVLOCA.V10111 Present Zoning , o Area of Present Building Area with Proposed Addition Parking Spaces Provided Parking Spaces Required with Addition Setbacks as per Code Setbacks Provided Vari ances/ •V4IC it At ?o)r41 AT OR t WttZ c inti&PL-IttY t-Stikl" )14 mow yttgcb 1•1-'' (stet 01) Council Action Required aiami cShiores91llage F L 0 R 1 0 A Date of Applicant Notification Planning Board Action M� LS' t ti) APR. o Council Action Director of Building and Zoning July 25, 1989 Planning and Zoning Board Village of Miami Shores 10050 N.E. 2nd Avenue Miami Shores, Florida 33138 Dear Members of the Board: Mr. and Mrs. Steven J. Johnson 145 N.E. 95 Street Miami Shores, Florida 33138 We would like to resubmit our recent request for a variance from the Miami Shores Village ordinance regarding fence height. Pursuant to comments made by various Board Members during our previous appearance before the Board, we have attached several items and further modified our request as noted below. For your reference, we have attached copies of both our original request dated August 17, 1988 and our request dated June 26, 1989. We would like to alter our original request to request a variance of six inches, in order for us to erect a four foot fence on the front border of our property. We believe the situation presented by the circumstances surrounding our current predicament is plainly addressed in the Miami Shores Village Code Section 702, as enumerated below. 1. Our home is listed on the National Register of Historic Places by the United States Department of the Interior. As an historically designated home, variance requests related to it are entitled to special consideration. Our situation involves peculiar and unusual conditions affecting our property in such a manner as to deny us the reasonable use of our property unless the requested variance is granted. 2. According to the Metro -Dade Transportation Authority, there are only two other bus stops in Miami Shores which serve as transfers points between major bus routes and consequently involve the level of passenger traffic experienced outside our home on a daily basis. Those two stops are both located on Biscayne Boulevard where a variance would not be required for a fence of up to five feet in height. July 25, 1989 page 2 3. Florida law requires pools to be surrounded by a fence with a minimum height of four feet. We have recently begun construction of a pool and are thus subject to this law. Attached is a site plan for the pool, and associated landscaping, as approved by Mr. LuBien in a building permit issued last week. 4. As an historically designated home, there are less than 40 other homes in Miami Shores that would even be entitled to the special consideration given these homes under the Building and Zoning Code. None of these homes is located next to a major bus stop in an area where a variance would be necessary to erect a four foot fence. Based on the factors cited in our previous letters and the additional information above, denial of our request for a variance would result in hardship to us through the loss of use of a significant portion of our property (over 2,700 square feet of our property lies in the effected area; this represents more than 10% of our total yard) and the additional burden of maintaining that portion of our yard which is currently exposed to a tremendous amount of litter and other abuses of the numerous bus passengers occupying it on a daily basis. In addition, the unique circumstances creating our hardship situation preclude issuance of the requested variance from serving as a precedent for requests from any other homeowner in Miami Shores. Therefore, we would request a variance be issued allowing us to reduce the height of our five foot wrought iron fence to four feet and to relocate it from its current position to a position approximately two feet north of the sidewalk (as illustrated on the plot plan attached to our June 26, 1989 letter). If you have any questions or need any additional information, please do not hesitate to call me (work: 358 -4111, home: 751 -6284) or Linda. We appreciate your reconsideration of our request and look forward to hearing your decision at your next meeting. SJJ /ms enclosures Sincerely, Steven J. Johnson Linda M. Johnson 0 .-K 1 STY STUCCO RES LA n' • SIDEWAL K ■. :1 .t l June 26, 1989 Planning and Zoning Board Village of Miami Shores 10050 N.E. 2nd Avenue Miami Shores, Florida 33138 Dear Members of the Board: Mr. and Mrs. Steven J. Johnson 145 N.E. 95 Street Miami Shores, Florida 33138 We would like to request your reconsideration of our request for a variance from the Miami Shores ordinance regarding fence height. Since the date of our last request there have been several changes in circumstances which we believe to be significant enough to warrant reconsideration. For your reference, we have attached a copy of our original request dated August 17, 1988. The first such change is the removal of the bus shelter and bench located at the southeast corner of our yard. The removal of the shelter and bench formerly located at this stop has resulted in a significant problem. In attempts to find shade, numerous people lounge upon our lawn while awaiting their bus. Upon her return from school each afternoon, my wife is confronted by up to a dozen or more people spread out across our lawn. This is not only unsightly, but also imposes a great burden on us in limiting the ability to run sprinklers on that portion of our property and in cleaning up the enormous amount of trash left behind. As suggested by Mr. LuBien, at the appointed meeting, we will present pictures documenting the extent of the problem. Our efforts to discourage this activity have been wholly unsuccessful. People waiting for their bus have plucked every leaf from both a small tree (approximately 1 1/2 feet tall) and a larger bush planted in that area. The tree was also pulled out of the ground twice before it died. While we have attempted more extensive landscaping in that area, it appears to have somewhat limited chances for survival under current conditions. My attempt to run the sprinklers (wet grass is not conducive to lounging) was met by a long loud string of invectives by one waiting passenger. This occurred while one of my wife's elementary age students was in the house. Needless to say, my wife was very upset that this child was exposed to such language while visiting our house. This experience has prevented my wife from further attempts to limit the lounging activity for fear of reprisal from those affected. I have spoken with Chief Zoovas who indicated that the police will remove any trespassers at our request. However, we can not always be watching that area of our yard and as previously explained my wife burden our police force with constant trespassing complaints when the simple solution to the problem is locating our fence adjacent to the sidewalk. The second change is that our home has been added to the National Register of Historic Places by the United States Department of the Interior. As a historically designated home, it is our understanding that variance requests related to it are entitled to special consideration. Prior to reinstating our request for a variance, we exhausted all other means for alleviating this problem. In addition to the above, we contacted the Metro -Dade Transportation Authority (MDTA). However, our request that the bus stop be moved was denied based on MDTA's assessment that the proximity of the bus stop to the corner of 95th Street and N.E. 2nd Avenue precludes it being moved any further east as this would create a traffic hazard and would present difficulties to their bus drivers attempting to stop at that location. Finally, our plans for our home include the addition of a pool in our backyard. This feature would require the presence of a four foot (or higher) fence enclosing the pool. Therefore, constructing a three and one -half foot fence in our front yard, as presently allowed by the building code, would require that we also leave the existing five foot fence in place. We believe this would give the yard a "stockade" look that would not be desirable. Based on the factors cited in our previous letter and the additional information above, we would request a variance be issued allowing us to relocate our five foot wrought iron fence from its current position to a position approximately two feet north of the sidewalk (as illustrated on the attached plot plan). If you have any questions or need any additional information, please do not hesitate to call me (work: 358 -4111, home: 751 -6284) or Linda. We appreciate your reconsideration of our request and look forward to hearing your decision at your next meeting. SJJ /ms Sincerely, Steven J. Johnson - o 12. - cr) tri 5;1' fo 0 d wroc iron 7 r. cort4c.= S L -61 J9 vz. 9 tfl z.o I 1 /2 ST< STUCCO te) RUES. . 1 4E, .s . , g 4 1 c:3 - • 1 i (1 — s r. .G R AzzsD PAT a•-/ EPt. VS/AL—L- 4.0.— — /"... .---: rq ` s.. ' . - sul I ,-, • c0 N I co NJ S .00 . 2' c)r..tc . GUTTER. 'N lc; 0 1. P keme7z —1/ c r en Ca Loc i I 1 Mr. and Mrs. Steven J. Johnson 145 N.E. 95 Street Miami Shores, Florida 33138 Dear Members of the Board, August 17, 1988 Miami Shores Building and Zoning Board Miami Shores Village Hall. 10050 N.E. 2 Avenue Miami Shores, Florida 33138 We would like to request a variance from the Miami Shores ordinance regarding fence height. It is our desire to build a five foot decorative iron fence in the southeast corner of our property. Completion of this fence will allow us to have a completely enclosed yard and to utilize all of our property. We propose that the fence abut the five foot all on the adjacent commercial property to our east and run parallel with the sidewalk. It would be constructed approximately one foot to the north of the sidewalk to a point fifteen feet from the southeast corner of our home. At that point, the fence would form a ninety degree angle, run north to a point due east of the corner of our home, form another ninety degree angle and then abut the house. A diagram is enclosed. We believe our situation to be unique from other homeowners in Miami Shores due to the following combination of factors: 1) Our property is adjacent to one of the busiest bus stops in Miami Shores. Metro-Dade Transit Authority information services stated that only bus stops on Biscayne Boulevard (a State Highway) could be cosidered busier than the stop on 95th Street west of 2nd Avenue. During rush hour, buses stop at that location approximately every ten minutes. The bus stop is also a major transfer points between bus routes. During non-rush hour times, buses stop approximately every twenty minutes. This information can be confirmed by calling Ms. Susan Leplant at the Metro-Dade Transit Authority. In addition, many passengers feel free to use our property for lounging, recreation and littering. We have enclosed pictures of such people. 2) The property adjacent to our property on the east is a commercial parking lot that is heavily used. 3) The location of the parking lot and the bus stop are such that ours is the only residential property affected by their use. 4) Adherance to the Village ordinance as it currently reads would render approximately 2238 square feet of our side yard unuseable to us. Without a five foot fence, that area can not be used in a practical manner. 5) The heavy traffic on 95th Street further encourages us to protect our family, pets and land with a sturdy, attractive fence. 6) Our home is one of the twenty-six homes in Miami Shores currently under consideration for addition to the National Register of Historic Places. We appreciate your consideration of our request. Should you have any questions or require further information, please feel free to call Steve at Ernst and Whinney (358-4111) during business hours. Our home number is 751-6284. We look forward to seeing you at the designated meeting. Cordially, Steve and Linda Johnson Enclosures:(2) aiami Jhores F L 0 R 1 0 A AGENDA ADDENDUM PLANNING & ZONING BOARD MEETING THURSDAY, AUGUST 25, 1988, 7:30 P,M. MIAMI SHORES VILLAGE HALL 10050 N. E. 2nd AVENUE 3. REQUEST FOR APPROVAL OF ORNAMENTAL IRON FENCE STEVE & LINDA JOHNSON 145 N. E. 95th ST. ) 41a10° 1r0 and Mrs. Steven J Johnson 145 N.E. 95 Street Miami Shores, Florida 33138 Miami Shores Building and Zoning Board Miami Shores Village Hall 10050 N.E. 2 Avenue Miami Shores, Florida 33138 Dear Members of the Board, August 17, 1988 We would like to request a variance from the Miami Shores ordinance regarding fence height. It is our desire to build a five foot decorative iron fence in the southeast corner of our property. Completion of this fence will allow us to have a completely enclosed yard and to utilize all of our property. We propose that the fence abut the five foot all on the adjacent commercial property to our east and run parallel with the sidewalk. It would be constructed approximately one foot to the north of the sidewalk to a point fifteen feet from the southeast corner of our home. At that point, the fence would for a ninety degree angle, run north to a point due east of the corner of our home, for another ninety degree angle and then abut the house. A diagram is enclosed. We believe our situation to be unique from other homeowners in Miami Shores due to the following combination of factors. 1) Our property is adjacent to one of the busiest bus stops in Miami Shores. Metro -Dade Transit Authority information services stated that only bus stops on Biscayne Boulevard (a State Highway) could be cosidered busier than the stop on 95th Street west of 2nd Avenue. During rush hour, buses stop at that location approximately every ten minutes. The bus stop is also a major transfer points between bus routes. During non -rush hour times, buses stop approximately every twenty minutes. This information can be confirmed by calling Ms. Susan Laplant at the Metro -Dade Transit Authority. In addition, many passengers feel free to use our property for lounging, recreation and littering. We have enclosed pictures of such people. 2) The property adjacent to our property on the east is a commercial parking lot that is heavily used. 3) The location of the parking lot and the bus stop are such that ours is the only residential property affected by their use 4) Adherance to the Village ordinance as it currently reads would render approximately 2238 square feet of our side yard unuseahle to use Without a five foot fence, that area can not be used in a practical manner. 5) The heavy traffic on 95th Street further encourages us to protect our family, pets and land with a sturdy, attractive fence. 6) Our home is one of the twenty -six homes in Miami Shores currently under consideration for addition to the National Register of Historic Places. We appreciate your consideration of our request. Should you have any questions or require further information, please feel free to call Steve at Ernst and Whinney (358 -4111) during business hours. Our home number is 751 -6284. We look forward to seeing you at the designated meeting Cordially, yy-� Steve and Linda Johnson Enc l osures o (2 ) 2TIFIED TO: ATICO SAVINGS BANK & ATTORNEYS TITLE INSURANCE FUND INC. , ,Revised this 14th day of April, 1988 to include Sheet No. 2 By: 1 LOCATION _ MAP 1t= 100' SKETCH OF SURVEY ORDER NO. 8872 DATE: July 29, 1987 FIELD BOOK #350, Pages 1,2 SCALE: As shown HOWARD C. GAMBLE Registered Land Surveyor No. 1683 State of Florida 2 3 4 5 130 SURVEY of the East 1/2 of Lot 19, all of Lots 20, 21 and 22, and the West 10 feet of Lot 23, Block 20, of "AMENDED PLAT OF MIAMI SHORES, SECTION NO. 1 ", according to the Plat thereof recorded in Plat Book 10 at Page 70 of the Public Records of Dade County, Florida, being situated in the Village of Miami Shores. WE HEREBYCCERTIFY: that the attached SKETCH OF SURVEY is true and correct to the best of our knowledge and belief as surveyed and platted under our direction in July, 1987. We further certify that this survey complies with the Minimum Technical Standards for Land Surveying in the State of Florida, Chapter 472, of Florida Statutes. A. R. TOUSSAINT & ASSOCIATES INC. LAND SURVEYORS 620 N.E. 126 Street, North Miami, Florida V. Pres. PIP drill hole - o in 6) 3o. oc 30.1s' - 0 0 _to 0 Ul aa,: V ?", . 6 0.5 $.2' 1 coNc. �SL A N N TE MR. Azzo PATIO 1zooF cr/ eao ®aq c. e..S. WING WALL -. u 30 c-c;Ni . ..185.00 Gt-AAs s PAt2 <WAY • to J H W 0 Q o a - w tn drill hole 4-& AF" 4ALLT PAvEM�t iT , SCAL..t= 1 = 3 S RE Egf:- 2 50' 0 „ „ d 'n n x,.2171 ..56 14- - - - r - 12 -- --- 11 - - -- to -- -9 S 7 20 2TIFIED TO: ATICO SAVINGS BANK & ATTORNEYS TITLE INSURANCE FUND INC. , ,Revised this 14th day of April, 1988 to include Sheet No. 2 By: 1 LOCATION _ MAP 1t= 100' SKETCH OF SURVEY ORDER NO. 8872 DATE: July 29, 1987 FIELD BOOK #350, Pages 1,2 SCALE: As shown HOWARD C. GAMBLE Registered Land Surveyor No. 1683 State of Florida 2 3 4 5 130 SURVEY of the East 1/2 of Lot 19, all of Lots 20, 21 and 22, and the West 10 feet of Lot 23, Block 20, of "AMENDED PLAT OF MIAMI SHORES, SECTION NO. 1 ", according to the Plat thereof recorded in Plat Book 10 at Page 70 of the Public Records of Dade County, Florida, being situated in the Village of Miami Shores. WE HEREBYCCERTIFY: that the attached SKETCH OF SURVEY is true and correct to the best of our knowledge and belief as surveyed and platted under our direction in July, 1987. We further certify that this survey complies with the Minimum Technical Standards for Land Surveying in the State of Florida, Chapter 472, of Florida Statutes. A. R. TOUSSAINT & ASSOCIATES INC. LAND SURVEYORS 620 N.E. 126 Street, North Miami, Florida V. Pres. PIP drill hole - o in 6) 3o. oc 30.1s' - 0 0 _to 0 Ul aa,: V ?", . 6 0.5 $.2' 1 coNc. �SL A N N TE MR. Azzo PATIO 1zooF cr/ eao ®aq c. e..S. WING WALL -. u 30 c-c;Ni . ..185.00 Gt-AAs s PAt2 <WAY • to J H W 0 Q o a - w tn drill hole 4-& AF" 4ALLT PAvEM�t iT , SCAL..t= 1 = 3 S RE Egf:- 2 Steve and Linda Johnson L45 X.E. 95 Street Miami Shoras, Florida 3313 Miami Sirs Villa Council 10050 X.E. 2 Avenua Shoras, Florida 33138 1)3ar Mamtars of the Council, a respagtfuLly appeal the decision of the Miami Shores Planning and Zoning 3oard regarding our request for a variance pmrtaining to fence haight. the August 25 decision, in our opinion, did not recognize cur hardship nor our interest in fully protecting our family ane Hand from trespassers. Mr. Lutian indicated t us that aR1 materials presontad to the 13oard ba distributed to you. Should you hays any questions or raquire Turthar information, please contact us. Steve can be raachad at Ernst End Nhinnay during business hours (35z-4111) and our hums numbar is 7'31-6264. F:or(jliaRRy, S and Linda Johnson August 26, 19 6r) .VA \SD 91 fo .. __�.?�