389 NE 99 St (11)PLANNING BOARD AGENDA OF / ' /4 //1' ITEM NO. 3
,,ez, , Wm'o 7// /945,97-6 coe.77 '43. 8.x90
Name of Owner /Applicant ...7 WATT Phone No.
Address of Property, and /or Legal Description 389 N E 99s7
Nature of Request �i 0.c ,4 7i f ,40/8 ,4
Present Zoning
Area of Present Building
O`
Area with- Proposed Addition
Parking Spaces Provided
cJ/ Liami cJ Motes 11liagG
0 R 1 0 A
e
Parking Spaces Required with Addition
Setbacks as per Code
Setbacks Provided
C.„2.33 7o „ti5e ,bEXIAL/S>OJ
Variances / ZQni hartge ES'
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7 E!!/ 7 W .ee -- eu E?E4
Council Action Required
Date of Applicant Notification �l
Planning Board Action W Z✓ 1019 r
Council Action 111
Director of Building and Zoning
27 January 1994,
MR FRANK LUBIEN; DIRECTOR,
BUILDING AND ZONING •
MIAMI SHORES VILLAGE
10080 NE SECOND. AVENUE
MIAMI SHORES; FL 33138
REFERENCE: Application for variance
Dear Mr. Lubien:
you for ;taking the time to meet with me on January 13 to discuss my client's .,
proposed project at 389 NE 99 Street.
Enclosed please find our submittal in duplicate for application for variance pursuant to our
meeting on January 10. Also, 'please find a check in the check of $ 50.00 .
We hope to present this to the Planning and Zoning Board on February 10. Please do not
hesitate:. to .call me should. there- be any questions about the submittal or the proposed
project.
Yours. sincereiy
Anthony Abbate AA
business \misc.Itr
Post Office Box 030304
Fort Lauderdale,F 33303.0304
TEL. 305.463, 8596 FA ( 305.463:6137:
NCARB Certified
•American Institute` of. Architects
Florida License Number AROO11825
ANTHONY ABBATE ARCHITECT' ''
27 January . :1994
• •
PLANNING AND ZONING BOARD
MIAMI SHORES VILLAGE;
10050, N'E_SECON`I . AVENUE
MIAMI SHORES, FLORIDA'
REFERENCE;: Requestfoo'variance
389 NE 99 Street, Miami Shores, Florida
Esteemed members of.the :Board:
Attached please find supportiing<. documentation for this -request for :•variahce. from
Appendix A, Zoning of the Code of Ordinances of Miami Shores Village, as published by
. order pf the Village Council,
The subject property is within zoning district 818.5; Relevant to this property tfie.permitted
uses include;
1. One - family dwellings - but riot 'mdre than one dwelling, on any
one plot. '
.6.. Home occupations.
11. , Commercial: picture • origination, of [films],` including {s '
pictures], men authorized by 'ilcertse from' Miami Shores Village
Ordinances'...
The subject property consists' of one and one -half pots
• The. subject property. contains one two -story residential structure and one accessory
building. The accessory building Contains a one -car garage, laundry facilities and ;storage
room: The garage portion is originat and is currently in non conformanceto the setbaok • requirements for accessory build ngs.. .
The existing structures are of an 'historic architectural eharacter. and are Maintained as .;
such..
The, proposed addition has two intended uses.
1. To function as• a 2, car garage: with corivehience tdillet aridl
laundry facility relocated from the original garage,
2. To functon as a studio space `wltho rt windows for photography
under artificial lighting as, aflowed till : ordriance. `. (.A copy of:the
current Village License is attached).
Post Affice Box 030304:
Fort Lauderdale' Florida. 33303.0304
TEL 30 : 869'6' FAX 30
3 6137 :
NCARB Certified
American Institute.of •Architects
Florida License Narnber•Alt0Q11825•:
AN1`ItHONY .ABOATE ARCHITiCT
January .27,. 1994
Page 2
The conditions making it•impossible strictly to apply specified provisions: of this :ordinance
to the property. are as follows: .
.1. The' proposed alternate function of, a garage space is, not
identified in • Section 516 . "Structures constituting . acc'essory
. buildings *:,
2.; The. proposed addition is to a non - conforming structure Please .
note that the entire ' addition is 'in full compliance -With. all
requirements includifg setbacks. O.nly`the existing garaged not . .
in confomianoe with setback:�requirements .
The intended use•would be inappropriate as an addition to the` privafe:r e sidenCe due to
its proportions and the historical' architectural' character. of.the.existing Structures ihicka_
the ,app licanit desires to maintain; The intended: uses inbre to'the
•
existing garage since it can and .Shalt function as such without compromising the existing
architectural character of the buildin s' :'t`pe .intericled use . requires no pt ysical or
dimensional'' variations from that of a garage; •
•'The variance shall' - strictly apply to the ir'ttended use of an accessory garage Space for': the
purposes. of condiCtng commercial: photography only: No film development_ shall be
conducted. The. accessory structure Shalt be designed.and corystructed to function as a
garage in tk a event' the commercial photography. use is' terminated at which time the
variance, may be revoked..
The :applicant is-of the opinion that such variance would be in harmony withthe <irutent'
and purpose•of the ordinance: "i:3y constructing a :garage s` pace ,which can b.e.utilized as.
a photographic stud o space the: architectural. and residential character of the'prop r is
maintained and assured.
The proposed addition complies fully With all setback and other requirements an d as such
does not present a detriment to tie existing or prospective development .cif propertj7 in
the vicinity .
The applicant :enjoys' no advantage with respect to ::the use of his property.- at is not
enjoyed by .the Owners of similarly situated in t hat all activities .and construction
proposed are currently independently 'and sep allowed under the various sections
of the zoning ordinance; That is, the applic t•is allowed to, conduct•his business on'iiis
property and the proposed accessory'buitding :conforms. to tbe•requirements set forth in:
the code...
TherefOre, on behalf 'of. the appficaht el respectfully request your, conerderatiqn tfilt
proposal anci ask that you orant permission for addition arid proposed use*,
Anthony AbbateAlA• •
business\mrsc:(tt
PROJECT DESCRIPTION:
Demolish existing storage room addition to the existing garage. Build a new garage
addition to serve both as a garage and photography studio. Relocate the existing laundry
facilities from the old garage to the new addition and provide a convenience toilet and
lavatory in the new addition.
Proposed construction to be CBS with wood roof framing and built -up roof and parapets
to match the existing.
'.e// /// . / / / / / // /i// /ii / /i... /..:✓.
PROPOSED ELEVATION
389 NE 99 STREET
VIEW FROM NE 4 AVENUE
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PROPOSED FLOOR PLAN
389 NE 99 STREET
SHOWING EXISTING AND PROPOSED STRUCTURES
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389 NE 99 STREET
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Miami Shores Village
Re: Buisness usage for Watt Photo
W A T T
On premise I only expose (shoot) film. All film /print process
and development is done off site at local labs. For me it is far more
cost effective to use the local labs.
I have no need at present to process film on site. I see no need
in the future, particularly with the advance of digital photography.
At present i am doing traditional "darkroom" techniques on computer
and only see doing more in the future.
Thank you,
1/20/94
John Watt
339 N.E. 99 St.
Miami Shores, FI. 33138
THIS LICENSE MUST BE DISPLAYED IN A CONSPICUOUS PLACE
A PENALTY IS IMPOSED FOR FAILURE TO KEEP THIS LICENSE EXHIBITED AT YOUR PLACE OF BUSINESS
Village
NUMBER 005840
THIS LICENSE EXPIRES: SEPTEMBER 30
19 94
In consideration of the sum of SEVENTY FIVE & 110/100 Dollars ($ 75.00
Paid to Miami Shores Village, Dade County, State of Florida,
JOHN WATT PHOTO
is hereby licensed to engage in or operate the business of
COMMERICAL PHOTOGRAPHY ONLY
00389-1-099-01
License
1 1
Dote Issued
/ - 1
Lzas LICENSE NOT TRANSFERABLE WITHOUT THE AP ROV OF THE VILLAGE MANAGER.
-,_ 9M-1=- ....- Al. , .-r ,rve,7,- 4 : rF-7.-1 •_....._,.3,
MIAMI SHORES VILLAGE, FLORIDA
ANTHONY ABBATE ARCHITECT
27 January 1994
MR FRANK LUBIEN, DIRECTOR
BUILDING AND ZONING •
MIAMI SHORES VILLAGE
10080 NE SECOND AVENUE •
MIAMI SHORES, FL 33138.
REFERENCE: Application for variance
Dear Mr Lubien:
Yours sincerely,
Anthony Abbate AIA
business \misc.ltr
Thank you for taking the time to meet with me on 'January 13 to discuss my client's
proposed project at 389 NE 99 Street.
Enclosed please find our submittal in duplicate for application for variance pursuant to our
meeting on January 13. Also, please find a check in the amount of $ 50.00.
We hope to present this to the Planning and Zoning Board on February 10. Please do not
hesitate to call me should. there. be any questions about the submittal. or the proposed
project. .
Post Office Box 030304
Fort Lauderdale Florida 33303-0.304 • .
TEL 305.463.8596 FAX 305.463.6137
NCARB Certified
American Institute' of Architects
Florida License Number AR0011825
ANTHONY ABBATE ARCHITECT
27 January .1994
PLANNING AND ZONING BOARD
MIAMI SHORES VILLAGE.
10050 NE SECOND AVENUE
MIAMI SHORES, FLORIDA
REFERENCE: Request for variance
389 NE 99 Street, Miami Shores, Florida
Esteemed members of the .Board:
Attached please find supporting.. documentation for this request for variance from
Appendix A, Zoning of the Code of Ordinances of Miami Shores' Village, as published by
order of the Village Council.
The subject property is within zoning district R18.5. Relevant to this property the permitted
uses include:
1. One - family dwellings -but not more than one dwelling on any
one plot •
6..Home occupations: .
11. Commercial picture origination of [films], including [still
pictures], when authorized by license from Miami Shores Village
Ordinances....
The subject property consists of one and one -half plots.
The subject property contains. one two -story residential structure and one accessory
building. The accessory . building contains a one -ear garage, laundry facilities and storage
room. The garage portion is• original and is currently in non - conformance to the setback
requirements for accessory buildings. •
The existing structures. are of an historic architectural character. and are maintained as
such.
The . proposed additioh has two intended uses:
1. To function as a 2 car garage with convenience toilet and
laundry facility relocated from the original garage;
2. To function as a studio space without windows for photography
under artificial lighting as allowed by ordinance. (A copy of the
current Village License is attached).
Post Office Box 030304 • . • . NCARB Certified
. Fort.Lauderdale Florida 33303 -0304. American Institute of. Architects •
TEL. 305.463 :8596 FAX 305.463.6137 Florida License Number AR0Q11825
January 27, 1994
Page 2
The conditions making it impossible strictly to apply specified provisions of this ordinance
to the property•are as follows:
:1. The proposed alternate function. of a garage space is not
identified in Section 516 -"Structures constituting accessory
buildings"
2.. The proposed addition is to a non- conforming structure. Please
note that the entire addition is in full compliance with all
requirements including.setbacks. Only the existing garage is not
in conformance with setback requirements.
The intended use would' be inappropriate as an addition to the private residence due to
its •proportions:and.the historical 'architectural character of the existing structures which
the.applicant d.esires to maintain. The intended use is more appropriately .attached to the
existing garage since it can and shall function as such without compromising the existing
architectural character of the buildings. • The intended use requires no physical or
dimensional variations from that of a garage.
The variance shall strictly apply to the intended use of an accessory garage space for the
purposes.' of conducting commercial photography only. No film development shall be
conducted. The.accessory structure shall be designed and constructed to function as a
garage in the eVent the commercial photography. use is at which time the
variance may be revoked..
The applicant is of the opinion that such variance would be in 'harmony with the intent
and purpose of the ordinance:•By constructing a garage space which can be•utilized.as
a photographic studio space the architectural: and residential characterof the property is
maintained and assured. •
The proposed addition complies fully with all setback and other requirements and as such
does not present a detriment to the existing or'prospective development of property in
the vicinity.
The applicant enjoys no advantage with respect to the use of his property that is not
,enjoyed by • the owners of similarly situated property in that ali activities and construction
proposed are currently independently and separately allowed under the various sections
of the zoning ordinance. That is, the applicant is allowed to conduct business on his
property and the proposed accessory buiiding:conforms to therequirements set forth in
the code.
January 27, 1994
Page 3
Therefore; on behalf of the applicant I respectfully request your consideration of this
proposal and ask that you grant permission for the intended addition and proposed uses,
Yours sincerely,
Anthony Abbate AIA
business\misc,Itt
PROJECT DESCRIPTION:
Demolish existing storage room addition to the existing garage. Build a new garage
addition to serve both as a garage and photography studio. Relocate the existing laundry
facilities from the old garage to the new addition and provide a convenience toilet and
lavatory in the new addition.
Proposed construction to be CBS with wood roof framing and built -up roof and parapets
to match the existing.
4 40111
4 4
PROPOSED ELEVATION
389 NE 99 STREET
VIEW FROM NE 4 AVENUE
i 2
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EXISTING GAGE
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PROPOSED FLOOR PLAN
389 NE 99 STREET
SHOWING EXISTING AND PROPOSED STRUCTURES
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389 NE 99 STREET
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F.B.
Miami Shores Village
Re: Buisness usage for Watt Photo
W A T T
On premise I only expose (shoot) film. All film /print process
and development is done off site at local labs. For me it is far more
cost effective to use the local !abs.
have no need at present to process film on site. I see no need
in the future, particularly with the advance of digital photography.
At present I am doing traditional "darkroom" techniques on computer
and only see doing more in the future.
Thank you,
1/20/94
John Watt
389 N.E. 99 St.
Miami Shores, FI. 33138
7.0
Village
THIS LICENSE EXPIRES: SEPTEMBER 30 19 94
In consideration of the sum of SEVENTY FIVE & NO/100 Dollars ($ 75.00 )
Paid to Miami Shores Village, Dade County, State of Florida,
JOHN WATT PHOTO
is hereby licensed to engage in or operate the business of
COMMERICAL PHOTOGRAPHY ONLY
00389-1-099-01
License
NUMBER 005840
MIAMI SHORES VILLAGE, FLORIDA
Date Issued: Mg - d iarfW
THIS LICENSE NOT TRANSFERABLE WITHOUT THE AP ROVd. OF THE VILLAGE MANAGER.
THIS LICENSE MUST BE DISPLAYED IN A CONSPICUOUS PLACE
A PENALTY IS IMPOSED FOR FAILURE TO KEEP THIS LICENSE EXHIBITED AT YOUR PLACE OF BUSINESS
IN CONSIDERATION of the designation of the real
property hereinafter described'as a historical landmark by
MIAMI SHORES VILLAGE, FLORIDA, the undersigned, being all of
the owners of the said real property, for themselves, their
heirs, executors, administrators and assigns, do hereby jointly
and severally covenant with Miami Shores Village, its successors
and assigns, that no structure presently situated on the fol-
lowing described real property shall be demolished, moved, or
changed in the exterior appearance by addition, reconstruction,
alteration or . maintenance, nor shall any trees situated on said
real property be destroyed or moved until an application for a
certificate of appropriateness has been submitted to the
Historic Preservation Board of Miami Shores Village and has .
been approved by that Board, or the Village Council on appeal.
Said property is legally described as follows:
HISTORICAL LANDMARK COVENANT
LOT 24 & EZ 23' BLK 40
.MIAMI. SHORES SECTION #1 AMD
FOLIO 11 3206 13 5540 9
A /K /A 389 N. E. 99th ST.
This covenant shall run with the land and shall terminate
only upon the written consent of Miami Shores Village, or its
successors and assigns, and the undersigned do expressly consent
to the filing of this document in the Public Records in and for
Dade County, Florida
IN WITNESS WHEREOF, we have hereunto set our hands and
seals on the 30th day of November 198 7 .
WITNESSES:
fL n�
STATE OF FLORIDA
COUNTY OF DADE
BEFORE ME, the undersigned authority, personally appeared
Erik H. Schottenheimer " and Maria B. Schottenheimer ,
who being by me first duly sworn, did state under oath that they
are the persons described in and who signed the foregoing, ,;
Historical Landmark Covenant and that they signed the satheIfreely
and voluntarily for the purposes therein expressed. ;; \,
My commission expires:
ROTARY PUBLIC STATE OF FLORIDA
KY CONHISSION EXP. SEPT 1,1990
BONDED THRU GENERAL INS. UPD.
NOTARY P :LIC STATE OF FLORIDA. AT, LARGE
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GENERAL NOTES:
6. FLORIDA BUILDING CODE 2004
NOTE: ALL MEMEBER
ARE WELDED.
5. ASCE 7 -98 WIND CODE (146 MPH WIND)
DIA STEEL. PIP
IPE. (TYP)
1. CONTRACTOR TO VERIFY ALL DIMENSIONS
2. SEE ATTACHED SPECIFICATION SHEETS
FOR ADDITIONAL DETAILS.
3. STRUCTURE SHALL BE BUILT ACCORDING
TO ATTACHED SPECIFICATION SHEEIS AND .
DETAILS . -
4. DOORS ARE OPTIONAL, CONTRACTOR TO
VERIFY LOCATION.
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2100 W. 76th STREET, SUITE 311
HIALEAH, FLORIDA 33016
ROBERT MONSOUR
TEL: 822-3141
LIC. No. 11955