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800 NE 98 St (3)PLANNING BOARD AGENDA OF the structure ). Present Zoning R- 2 0 iami cfhores9llage F L O R I D A July 24, 1997 ITEM NO. 2 Name of Owner /Applicant Mark S. Ulmer ph N 891 Name of Architect/Contractor Phone No. Address of Property, and/or Legal Description 800 N.E. 98 St. Nature of Request Approval of structure for raising plants in side yard. ( Applicant is appealing the Building Official's determination as to the location of Area of Present Building Area of Proposed Addition Total Area Parking Spaces Provided Parking Spaces Required with Addition Setbacks as per Code : Front Side Rear Setbacks Provided : Front Side Rear Variances/ 1g Variances/ndig Change Variance required to schedule of regulations prescribing accessory building location. Council Action Required Planning Board Action . APPROVED (MINUTES ATTACHED) Council Action Director of Building and Zoning MARK S. ULMER ATTORNEY AT LAW BISCAYNE CENTER, SUITE 612 1 1900 BISCAYNE BOULEVARD MIAMI, FLORIDA 33181 TELEPHONE (305) 891-9898 FACSIMILE (305) 891-6770 Mr. Frank LuBien Building & Zoning Director Miami Shores Village 10050 N.E. Second Avenue Miami Shores, Florida 33138 July 3, 1997 Re: 800 N.E. 98 Street. Miami Shores; Shadehouse Dear Mr. LuBien: My wife and I, owners of the referenced property, are seeking approval to build a 12' X 16' shadehouse on our property which is a corner lot. It is my understanding that shade houses are "structures constituting accessory buildings" pursuant to Section 516 which provides, in relevant part: "Accessory buildings shall be deemed to include the following or any combination thereof:... structures for raising plants, subject to approval by the Planning Board for any such structure exceeding eighty (80) square feet in area of ground coverage; . . ." Section 516(d), MSV Code. The shadehouse we would like to erect is 192 square feet, accordingly it appears that Planning Board approval would be required. We propose to place the shadehouse as shown on the attached site plan. This location is the only viable location in our yard, due to the fact that most of our yard is taken up by a pool, pool deck and extensive landscaped areas comprised mainly of numerous palm trees. Additionally, our proposed location of the shadehouse is the least intrusive for our neighbors, none of whom oppose our request. The Code provision addressing the placement of "accessory buildings" provides: "Accessory Buildings. Location: In rear yard only, not less than 15 ft. from the main building and not less than 10 ft. from any plot line of contiguous plot that bounds a side or front yard or not less than 5 ft. from any other plot line; provided that on a corner plot the rear line of which adjoins a side line of a plot to the rear, no accessory building shall be located nearer to the side street line than a distance equal to the depth of front yard required on the plot to the rear, . . ." Schedule of Regulations, R- Districts, MSV Code. Mr. Frank LuBien July 3, 1997 Page 2 The location we propose complies with the 10 -foot setback from lot lines, as well as the 15 -foot setback from the main building and all other setback provisions, although understand that it is your interpretation that the proposed (and only possible) location is our "side yard ", which is prohibited, rather than our "rear yard" which would be allowed. I differ with your interpretation as applied to my property which is a corner lot. It is my belief that the property has no side yard, only a front yard and a rear yard. Accordingly, I hereby appeal your ruling. Nevertheless, in the event your interpretation is correct, the Planning Board has the authority to grant relief pursuant to Section 513 of the Village Code, which provides: MSU /aww Enclosure "All buildings shall be faced toward the normal frontage of the plot on which situated. Anyone desiring to erect a building facing otherwise shall file with the planning board a site plan showing the proposal. The planning board, acting in accordance with the provisions of Article VI, may authorize such other facing, or such revision thereof as said board deems to be advisable, including modification of the yard requirements of this ordinance, subject to: (a) provision on the plot of open space at least equal in aggregate area to that that would result from the application of the specific yard requirements of this ordinance; (b) a finding that the authorized building location and arrangement will be fully harmonious with its surroundings and will not have any detrimental effect thereon with respect to access of light, movement of air or appearance." Section 513, MSV Code (emphasis added). I would appreciate it if you would place this item as an appeal of your determination. In the alternative, please submit this to the Planning Board for relief under Section 513 or as an application for a variance and also for approval pursuant to Section 516. Please place this matter on the Planning Board's next available agenda after July 20, 1997, as I will be on vacation prior to that date. Sincerely, Mark S. Ulmer MARK S. ULMER, ESQ. BISCAYNE CENTER. SUITE 612 o 1 1900 BISCAYNE BOULEVARD, MIAMI, FLORIDA 33181 • TEL.: (305) 891 - 9898 • FAX: (305) 891 -6770 LOCATION MAP SCALE: 1" = 150' SURVEY of the West 1/2 of Lot 9, and all of Lots 10, 11 and 12, Block 73, of ?1IA`1I SHORES, SECTION NO. THREE, according to the Plat thereof recordded in Plat Book 10 at Page 37 of the Public Records of Dade County, Florida, being situated in the Village of Miami Shores. ORDER NO. 10997 DATE: April 12, 1995 Field Book #422, P. 42 -44 SCALE: As shown WE HEREBY 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 IIAMI, FLORIDA BY: �- Vice. Pres. HOWARD C GAMBLE Registered Land Surveyor No. 1683 State of Florida F E M A F L O O D 1 DATA: COMMUNITY NO: 120652 PANEL NO: 0093 SUFFIX: "J" MAP DATE: 'larch 2, 1994 ZONE: "X" - area of 500 -vear floc Elevations shown are based on National Geodetic Vertical Datum of 1929, Mean Sea Level. SKETCH OF SURVEY SCALE: I" = 20' S I. • 1 ■ The Orchid House Now Available in Kit Form From: THE SHADEHOUSE COMPANY Licensed & Insured Dade County CC #18544 Give your plants a home of their own. Orchids, Ferns and Bromeliads thrive in a controlled environment. Foliage plants may be acclimatized for use in the home. For over 16 years, The Shadehouse Co. Orchid House has been the basic tool for the home plant enthusiast. Our Orchid House is an inexpensive alternative to a commercial greenhouse. Built of corrosion and ultraviolet resistant materials, this is a heavy duty, long lasting product designed for years of virtually maintenance free service. Presently available in sizes most popular with Hobbyists; 8' X 8', 8' X 12', 8' X 16,' 12' X 16', 12' X 20', and 16' X 16'. Other sizes may be quoted on request. Professional installation is available. THE BASIC KIT • Galvanized steel frame; custom welded steel fittings; UV resistant polypropylene black knit shadecloth covering; 50% shade standard; functional and lockable door. THE OPTIONS • Architectural black vinyl coated steel frame - offers a truly beautiful finished look to blend with any decor. • Bench System - unitized steel frame; black vinyl coated welded wire top; U- configuration standard; E -shape on 12' and 16' wide models; safe, strong, no sharp edges. • Sprinkler system - built -in PVC design with dramm nozzles; interior hose outlet for spot watering, fertilizing, etc. Easily attached to existing hose bibb. • Hanging Basket Pipes - afford maximum use of entire house. • Plaque rack - black vinyl coated welded wire for specimen on plaques. May be mounted across the back or along one or more sides. • Vanda Pipe - Exterior mounted tubing for displaying or growing full sun specimen. • Anchor system - recommended for compliance with local zoning. • Foundation and Floor Treatment - concrete block support; woven ground cover and rock floor covering for high humidity and weed control. • Stepping Stones and landscaping edging - for a truly finished appearance. ACCESSORIES - New from the Shadehouse Co. • Syfonex - Simple, Efficient, Fertilizing • Battery Powered Misting Computer • Potting Bench - 2' X 2 1/2' THE SHADEHOUSE CO. INC. 19901 S.W. 264th Street • Homestead, FL 33031 Phone (305) 245 -1811 • Fax (305) 245 -1303 (BY APPOINTMENT ONLY) • Lighting Kits (12 volt) • Structural Plastic Orchid Benches • Architectural Orchid Planters • Coconut Husker CAUTION: Shadecloth must be removed in the event of a hurricane warning. Accessory B uildings Location: In rear yard only, not Tess than 15 ft. from the main building and not lees than 10 [t. from any plot line of contiguous plot that bounds a side or front yard or not less than 6 ft. from any other plot line; provided that on a corner plot the rear line of which adjoins a side line of a plot to the rear, no accessory building shall be located nearer to the side street line than a distance equal to the depth of front yard required on the plot to the rear, provided further, that n swimming pool may be located in any side yard but not Tess than 10 ft. from the side plot line; provided further, that no door of an accessory building opening on an alley shall be located lens than 20 ft. from the center thereof. Coverage: not more than 20% of the area of a rear yard, except that any structure that is part of a swim- ming pool installation and that does not exceed 3 ft. in height need not be included in computing said coverage. Fences, walls and hedges shall con- form to the provisions of Article V. Planning & Zoning July 24, 1997 Page 2 Mr. Benton commented that the Village Manager, Mr. Couzzo preferred the third alternative because the trade -off between the loss of parking and the green corridor that would be created through the business district is more beneficial to the Village. He believes that landscaping is the key to the renovations creating an attractive entrance. Mr. Blum stated that the parking is not essential to businesses and therefore prefers a combination of the third alternative with some of the knuckle areas. Mr. Walters commented that a small town ambiance is created with the off - street parking. He noted that the County designs plans to move traffic as fast as possible from point A to B, creating a high speed corridor. Mr. Walters stated that the Board's responsibility is to preserve the Village ambiance. Mr. Hegedus agreed and noted his preference for the knuckle alternative. Mr. Caldwell moved that the Board pass a resolution in favor of the knuckle alternative, the first alternative presented by Mr Benton. Mr. Hegedus seconded the motion. Mr. Caldwell expressed his concern for the need to keep the speed of the traffic down and preserve the small town ambiance with some additional landscaping. Mr. Caldwell noted that this is a preliminary impression of what would be best for the possible renovation. Mr. Hegedus suggested that additional greenery may be added to the knuckles. Discussion regarding the possible modifications to the alternatives submitted ensued. The vote was called and was as follows: YES - Mr. Caldwell, Mr. Walters, Mr. Hegedus, Mr. Forney; NO - Mr. Blum. ITEM #2 APPROVAL OF STRUCTURE FOR RAISING PLANTS IN SIDE YARD. Mark S. Ulmer 800 N.E. 98 Street Mr. LuBien stated that the application is for an accessory building that will be located partially in the rear and partially in the side yard. Any structure for raising plants that is more than 80 sq. ft. must be approved by the Planning & Zoning Board. Mr. Ulmer was present on his own behalf. He stated that the proposed location is in the rear yard and it is the only logical site for the proposed structure. Mr. Ulmer submitted a letter from a neighbor, Anne Wright who states no objection to the proposed structure. Mr. Caldwell asked if the structure meets the setback requirements. Mr. Ulmer confirmed it did, except that according to the Building Official, it is built half in the side yard. Mr. Ulmer also provided a video of the property for the Board's review. Discussion regarding the means of approval under Section 513 by the Board ensued. Mr. Caldwell moved to approve the application of a structure for raising plants in the side yard under Section 513. Mr. Blum seconded the motion. The vote was called and was as follows: YES - Mr. Blum, Mr. Caldwell, Mr. Walters, Mr. Hegedus; NO - Mr. Forney.