Loading...
269 NE 100 St (15)PLANNING BOARD AGENDA OF September 18, 1997 Name of Owner /Applicant Scott Durban Phone No. 754 - 8928 Name of Architect/Contractor cJaLiami Jhores9Ilage F L OR ID A ITEM NO. 3 Essig Pools, Inc. phone No 949 -0000 Address of Property, and/or Legal Description 269 N.E. 100 Street Nature ofRequest Approval of variance to side yard set backs for swimming pools and decks. present Zoning R - 18.5 Area of Present Building Area of Proposed Addition Total Area Parking Spaces Provided Parking Spaces Required with Addition Setbacks as per Code : Front 3 ft. to pool deck Setbacks Provided : Front Side 7 ft. to poor faceR Variances/Change Schedule of Regulations Council Action Required Planning Board Action Council Action lOtt. to pool deck Sidel2.5ft. to pool ffii Director of Building and Zoning ' REGULATIONS Shores Village Zoning Ordinance No. 270 -a11 es =V :on- fre- Minimum Yard Dimensions Front Yard Depth Side Yards: Two re- quired (except as otherwise specified below) each having the minimum width specified below. Rear Yard Depth Accessory Buildings For dwellings: equivalent to the me- dian of the depths of existing front yards in the same block and lying within a distance of 100 ft. on each side, but not less than 25 ft. or necessarily greater than 35 ft.; or 25. ft. if not more than one building exists within said 100 ft. on each side. For other buildings: same as for dwellings. For dwellings: 10 ft., except that on a corner plot the rear line of which adjoins the side Line of a plot to the rear, the side yard on the street side shall have a width of not less than X 15 ft. V For swimming pools: From the inside face of pool wall to the lot line there shall be a 121 -ft. minimum setback; from the pool deck or screen enclosure to the lot line there shall be a 10 -ft. minimum set- back. For dwellings: 15 ft. For swimming pools: From the inside face of pool wall to the lot line there shall be a 71/2-ft. minimum setback; from the pool deck or screen enclosure to the lot line there shall be a 5 -ft. minimum set- back. Provided as follows with respect to other buildings: (a) No building in which is conducted a use specified in paragraphs 2, 3 or 9a under permitted uses in R districts shall be located less than 50 ft. from the nearest line of a plot in any R or A district. (b) If a building occupies a plot surrounded on at least 3 sides by streets, the yards adjacent to such streets shall have such dimensions as are specified on a site plan for such building, approved by the planning board as provided in Section VI. Location: In rear yard only, not Less F 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, provided further, that a swimming pool may be located in any side yard but not less than 10 ft. from the side plot line; provided further, that no door of an accessory building opening on an alley shall be located less 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. Of to in dM ar tr ti: fr s( lc ti 1( si w t: st c( c a r: p g p 0 p' t Plannin g Zoning & Zonin September 18, 1997 Page 2 Mr. Ulmer stated that there is a question of interpretation insofar as lo the measurement should be taken from the side of the property owner requesting the fence. Mr. Ulmer noted that the relevant provisions regarding this item are Section 517 and 518. Mr. Forney expressed his concerns of the fence height (including the artificial change to the grade due to the FEMA regulations) and asked that consideration be given to both the Blum's and the neighbors side of the fence. Mr. George Burch, a neighbor to the property in question, was present to express his concerns regarding the proposed fence height as well as the storm water regulations. He stated that the property had been built up, artificially elevated to meet FEMA requirements for the first floor of the house. The grade of the land for the adjacent properties is level with the sea wall, but the height of the wall measured from the Burch property is 7 feet. Mr. Burch stated that the storm waters drain into the septic tank area on his property. Mr. Caldwell asked Dr. Burch two times what problem(s) the wall, if built as the applicant requested, would cause him but on each occasion he responded that he simply wanted to see how the issue would be resolved, i.e. he did not identify any problems. Mr. Forney maintained that the regulations are in place to help neighbors and ensure harmony in the community. He stated that the wall height should be measured from the outside where it will be viewed most often. The 4 foot fence height requirement for pools is to keep people from coming onto the property. Mr. Forney observed that the Board must uphold the intent of the Code rather than an individual's perception of what is intended. Mr. Dick Blum spoke on his own behalf. He stated that the grade alteration was due to FEMA regulations. The Code allows for a 5 foot fence and as such Mr. Dick Blum stated that he simply wants that to which he is entitled to allow for some privacy. Mr. Walters noted that the fill criteria should be evaluated as there will be more such cases in the future. Discussion regarding the Budding Department's measurement of the wall ensued. Mr. Prieto stated that the basis for measurement as precedented was from the lowest point of grade as not cause undo hardship on either property. Mr. Forney remarked that FEMA regulations may dictate the measurement to be taken in a different manner. Mr. Caldwell noted that the minimum requirements must be met for safety. Mr. Forney moved that the Board grant the appeal of the Building Official's ruling and direct that the measurement be made from the legally required grade measured from the interior of the property with the fence, height not to exceed 5 feet. Mr. Caldwell seconded the motion. The vote was unanimous. ITEM #3 REQUEST FOR APPROVAL OF VARIANCE TO SIDE YARD SETBACKS FOR SWIMMING POOL AND DECK Scott Durban 269 NE 100 Street Mr. Ulmer clarified that the swimming pool complies with the minimum ten foot setback for pools as determined at the last Board meeting. It can therefore be built as shown in the submitted drawings. The only issue with this application is the proposed deck to be constructed within the setback. Historically, the Building Department has determined that any construction within the setback is prohibited. Paved areas built within the side setback may become enclosed, thus making the main building within the setback area. Planning & Zoning September 18, 1997 Page 3 Scott Durban was present on his own behalf. He explained that the deck would encompass a seven foot paver area from the pool's edge. George Russo from Essig Pools was present on the applicant's behalf. Mr. Ulmer clarified that the issue before the Board was a variance for the deck. Mr. Walters inquired as to the difficulty in not having the deck continue around the perimeter of the pool on the side of the set back. Mr. Durban replied that the deck is narrow on the house side and there is not a distinct walkway around the pool area. Questions arose regarding the process used to lay the pavers and whether the paver deck would be considered a permanent structure. Mr. Ulmer noted that the applicant drawings establish that the deck can be constructed in various ways without hardship. Mr. Prieto countered that according to the South Florida Building Code, a structure is anything that is not naturally occurring thus it would be determined that the pavers are a structure. Mr. Forney noted that it is not a hardship not to have a swimming pool. Mr. Blum agreed. Mr. Caldwell asked what hardship would be created if the patio deck was not approved. Mr. Durban replied that the purpose of the deck was for a safe walking area for children which could be accomplished with a minimum of 2 'A feet of deck. Mr. Caldwell moved to uphold the Building Official's determination that a brick paver deck is a structure. Mr. Hegedus seconded the motion. The vote was as follows: YES - Mr. Blum, Mr. Caldwell, Mr. Hegedus, Mr. Forney; NO - Mr. Walters. Mr. Caldwell moved that it be a finding of fact that a hardship does not exist and the application for a variance be denied. Mr. Hegedus seconded the motion and the vote was unanimous in favor. TlEM #4 REQUEST FOR APPROVAL OF VARIANCE TO FRONT YARD FENCE HEIGHT Daniel and Gloria Linden 1165 NE 104 Street Mr. Prieto explained that the property partially abuts Biscayne Boulevard. The applicant is seeking approval for an increase in the height to the front yard fence. Daniel and Gloria Linden were present on their own behalf Due to the property location, security issues have arisen with an increase in the amount of foot traffic in the area. Allowing the fence height to remain at a continuum would also be more a sthetically pleasing. Mr. Linden recounted incidents regarding the safety and security of the property. He pointed out that with recent road improvements, the grade differential between the sidewalk curbing and the property is considerable thus, a fence less than 5 feet would serve little purpose. Mr. Ulmer read Section 518, which was recently recodified in regards to fence height on Biscayne Blvd. The fence will be constructed of an approved material. He clarified the issue before the Board stating that the owners have a right to place the fence along the front yard of the property facing Biscayne Blvd., but the location must be approved by the Board. The Board must also consider whether to approve a variance to allow the continuance of the fence for five feet along the front yard and along the side yard. T r . . •..1 r •.p �)rsM r - r T — ___ . _ PI!wRrs' °i�^`� •ti -FS�' i��':'e!4`O'4peivt: • 6x.34 1 c,4pyf 1 -TO. id? OF 01.A _ - - -,, .)iDP-iL 'VAT(O tOr- -A ? 1UR, Ft. Lb . IOYi �tP.t E1110 1E r K rILE t • ,3x4i P,441.14 Nov v n ,t1"' i J 447 [ b t.y ri ,O?i toy$ , ` . . %, B1.0.:!E ,: .YIO Nintioua L N MIAMI � To i N�: (3 cd�l A PAY 1 4M1 �lrl�1: 3t� -1 EA ["a rCtQe� tit.). twin. . • 1 V. 1 4. , H Si 1'6" C/1. PaiCE (VER,PY) A, 0 0 0 0 C -!a" X R'ECE$343ED 1 .11/ TfLED EDGE $01-A - • r,Reo- KirlfrER _I — — a- :IP I RESIDENCE CL EANitiCs L iNE ■.U/ VAC-LOCK rt E , Cam U� C A 2E3 D A P ALL F 'FaL .r0 CGNF 40 F41 to A Tt 4 GRACE ea). 3, . ALL FOCI; FOCI; r? , 0 TO earn 6C1-E0 4 PVC BEAR∎ r,� NEUs A,FPROVAL 4. No Fr944 C(. 6TR: 3N. C t L B ANY Cu Y T T F'E $0 p 0 %LEAN 04%10 OR t14 W1-41c4-4 61 L E31�1 GC''�P4GTED co 'r4GV?A 81`,F� Nd CAPACITY O 20 F+ F. A"yY C,' IC9, E?',A,?,3, OR OTT-ER TYt 3CO GgLIT CI,i3MAMMA{ E NC ¢NrE REO ON EXCAVATION WALL ea REt''SOYEE t Car!uci( o) :N fi�E iR NTI rY, ANO 1 E A WALL eE 8A f4„4.EE� '�JIT'N ACCE F'tA 3L 601.6 ANT) COMPACTED N h" T"WC i< LAYirR3. ' Pa n-E. CONT{ N TOR C NOt REMO r C t 14,NIC3, E , T¢ ( E: F T! CAt.OE3, Tim` OL C ePALL Ea Par:ave./Nap FOR P -INr 3 • N 4 • L CAW), ), TI.5 POOL, C T;2A'°'tGR VA L TAKE ALL Y1. P CAUTlfZ3 TO PROTECT i$T Nr TRUC RE3 FRC�t'1 FAILt0RE3 pY 8L <EEtii\4 A1NT,VOR $1 CRiyG GR 04 r`''ETE A6 REOU Ra.0% tl -e# ,0g6ION !?► NEcR AAiXEPT3 NO R a8PQN 6131LItY FGR4' nE E/+PTE3Y C i xiBT.;NG 8Tt' 'Cru,Rg$t +? E? C E$1 1Caiiv A6tumE3 NO RE3PGI`i3l LIVT FOR POOL CC?N81 T'.ON iN 4 - NT CR EEQUI EQ 6a TE ACi< Al EAa. PLOT PL.' NOT FR.E~PA ?EL) Fr. (;1 LEGAL 34,iF�YEY3 T :�E E>k T'vr3. LOT AAND �$f E'NGE ARA $U IND :CA1ED. POOL C ONTR. B T f3. ALL vL:R,I 'T ALL E 3'' 8'c�N3 N t:- Fib-; 4440 ) 0 E$rAe4.t81.4 LOt t-�1 E8, ,Ix NEtCa$3ARY pc0L. oNT tCA AN} Jf,`.F2 03+lkaR $1'ALL yER Y L- A7'.'t 3i:ty1,F1 AND ALL D iI" E.Ni%33IC�N3 F=RsOR TO C..c,S8,,901 4. 1. CONTRACTOR 8,1 LL EatAt3Ll314 Lc Arior<6 c r.1TE4_1T�fxa AT T1-.E aria =i t,'I . CL rtil+NGE �n"EN.3'G a $F�4AL,L E3 1 IC 8i -E4LL: A$ F E4�UiF?ES, Y ,TI4 L'AL E .It.ATCRY Ar E CY. GEN Et _ A 0..16TANCK c4 I;) FEE3 PR oil O`:(ERI -�E AD E LE C;Tr1C LNEA f:;&i N POOL WATER `C >~4r . t l t rt t.{.Y POOt.: 8LicaG ro era : iN3TALLE go NY ,.CO» 1 WiTN TiJlw. LATE OT t.1.6; c2OY d''Ey ' BAFTaY 6rAN0Atfa. •'■Ai jakragAlwa c* stt4tEti WALL Not ExCEE,E7 !r44 Dl< ‘, 4t1 vv 6$ MAN t`iRAaK . f A,�Iti •v!,iStE1X) TO Ca PAtmat.. :. 1 C#I latO ` 20` FRO11 WATEF N. • 4$ MN, gcK ei tE cut tag t*EVt## F14 ,Ea r At k le Aim vALvia ck4LRNATCR FILTER .F- V2" 3r . 31 ' Ea 11 t. 11 'LOPE +. 6MAt,L-ati v+ WATER LINE -- MAIN ORAiN 2 IN V2 COND. --E° NQS‘t %C;OR.R'<it31vg COND. . uV- POOL ` Ar,IZA C•," ,. o ALL. 42XE9, RAILS, L.IC44T, r~k ITCR, ECT. Ulf 6 3 !WIRE r)1AGIAM 1 i4P Pit si~:F' 2 UIEE! T_ >WA +R: t L (NT aTR2ArEF4 31tei OUT 6R AT:g I�•'i $cP6MA 1'Ic N.T.$, }t✓ecMrANIt T NC: P{yiNd WARD AND NO rlY'0 (8 A1.LO±. t;j ON ANY FOOL. L .43 t1-4A;*1 3' -0" CE EP AND OFECIFECALLY GE. 64 r FGR O {' ✓ii ti_ tN16 POGt. I$ Not £?E8'G.NE0 FOR DEYii . - 6 , ' .�►_:� i(1 1.. P!N4L root,. $tiGT1CN N,t,3. MOTE: ALL. ELECTRICAL 61-4At.L CONFOR M 1!U ART; OM N i# t!L.E3 G t1,O E'tANU,AL aTARTER $ISlITC1 -1 i ip WO' ' T f yr I r 4 MOTOR I- 'sP -2.?3 MorGpf42 4.11) t- in- I 3 t L.'c -+t '� AMP 'w ¢ rQ P :i 3 il`1 f?A1� EL )1,,ti' ,___!2`✓ TRA�i.3. v. MN 4' FENCE WIT14 - LocKiNg GATES E4O. ARCtrNO AL.. ta F*' It !4. .3. Ti4!3 PLAN RE►`'t4 4 :THE PRGPERT-Y Cis 11-EI DEa- SON E 'V4:Nparr it 13 ,N r I3 tF2 liE FROI`1 \E C011 DE$'C*4 l iNE R. 2- CANT. ----- CC,,.P WATER LINE U,3;g EPoQt3 ABUT GR AREA P4. NEARBY °EA rUJALL3 CR E3U1,4- E,APa, $PECt,4L CA WALL E Et`PLY'E ?. T4a u4LL$ €SEX CGC.' GV OQ CONDITION NOt PERMIT/ ANY 3:-4IF1 .� CR REMOv4 CR LQC EN OF the °.+..P -POR- TING 8014 AlltAY FRC.M tire PCO . rs tJAL,L6 co NOT FULLY Co�NTAiN TPE 80311.9 E 4IND 114 , TgY $NAL.L 'a RE,Pt ACED CR i P41 RE D. CONT UAL MAINTENANCE NMGE OP flff wU+t! -0 ro EEG {1 L`) Uti TF�C FROPEF2tY C ER. U3a y E? EXCAvAT ;Nd FOR T1� POOL.., 1'1$ 3E::A- WALL T +EpACG3 et-TALL L. NOT ESE CUT. NOT,FY 13-4 gyGI 'EER FOR IMITRtJGTION3, �1J1 1 . CE?ADMEN FALL IJJir 4 N r E4E EXCAvAt'ON. ti -E Cc: 411;0SOR 61- E44.1. eAC<FtLL n4E POOL al-ELL LL 1114 CAJTIOT t �' E3;N3 BNALL NOT ea i$• 4 E3ACi<F!L.L. ' LL, ea Arset` C 1PL1 EP W TN C�.EAN BAi�r$ i'PE Got ANY G1 ANIC MA1ER!A+ 3 ANA WALL f3E3 PLAGE0 N ?2" tt4!Ci< LAYER$. E.AC; -i LAYER $ 44L ea COMPACTED TO 32`/i OF TI-E $01;E,3 MAXI . r„) .4 /Y ex T.4 30L4D Y. 1 30 1 1.5 egt. ea THS PATIO Ot�ALL. 3 PLACE iN A 3+MLAR MAN.\',ERt ,„¢,a a PAT O3 ARE iNQ tE=13 IGA E3Y Oti.EiR , Ike ) PAT 1'5!0,'4 NOTES 3t -K?t4N ON Tt+! rtP■C,d.L rl.�L{� SE':C1'!G'4 OCI NOT APPLY, PATIO >.E3 0.. 3144 EE E3Y on-,610, 1, I1k48 T(� _ Ei pTY POOL AFTER COAc3TS1.:CTION, FOR P IF{3 CA ANY Q1).gt `A:3ON 1'N 14YC 3r. T L. ,PT F'-'S -RE3 e • EAT14 T'1: -E POOL M i r ea alb .•NA1 PRZeW O TO,iT 11--(0 FOOL �R2OM FL ATINC;� ( ..(PW O. T1 OWNER r!t�3T CCN3+„Et.t A IL POOL CONTRACTOR O POOL REPA R Cc Tr 4cTCR E cFERiE;.NCED N Et.tMiMATIN' 1 PL;PT F'RES 3, Mit�1 vEATICAL \- -3" $iEAE,LO'JJ U ErP !ND AF'P�ROvEO Fi 11314 .3 " M,N C TF R'TOAN tF4ER1 � T E uIAITT (FOR tEPTt;a TO 6' - ") NY CRCBTA -!C_ VALVE 1 1/2" MILL PONT 11»RlAc Ec PvC PIPE • . r NTERLOCESiAir.3 E3RI PAt!o $Et iN SAND --' ON COMF•ACTEP FSLL 34- CiFEt� l, -0" 111 = }T r� 2° COVER (CENTER 6" TOP 4 Fi" BOTTOM AT '0" O.C. MAC 44 WAY. � KRAAFTWARD OR EQUEV. t'3 AT loo Q. eon. CENtaRKED TYPICAL WJALL. 5E' TIGN REMOVE GRATES AND iA #.L POlNt VALVE FROM MAi2N AND ATTAC14 AtJ)(!LLEARY P,ri`IP LINE u.4.-LEN Et PtY1NC3- W LL. paINT DETAIL. rtt3. pi3T41L QP OTEEP8 N..3. N.T.S. rRATE TO ea FAatF_N$p U)1fl1 SCR EW.5 3/4" ROCK BED l MiN. 3 YLJa. ROCK TO 3t4E3fLIZE Wt..) 31za • E;.EPT14: 1 {'O" X 31 CAPAC1TY1336 CIAL FE:RitliTER: °y4 LP Fl,it1Ps t 1+P 25FEED F!L1ERt: c-rreo OTY RETIAi&3 T!LE: 6" aTANDARD L3G 4T3, 300 WATT +2v, COPING: EU.LNC4E -BRICK 3t) MOUT: '.8" X CLEA'iiN6 LINE: YEa CNLCR'NATOR l -L,Na .,ATERNONE 3' TO 6' ILI 0 1 4 3 Cit 4 ^,n ti Pi 2 4 f bOL. ,,AT A 4 ECRU f PMENT TYPE OP PATIO: PAVERa DOD= 91 LF EXIT RAILINGS: NONE POOL. F++ +8t is EXPO5g0 AGr R<T:GAT E T441 2 N0.4R5 ( MAXufrtt1 ) 3.1 1,R M15C: SOLAR RETURN, 11.,'430 - $Ki - r'ER TILE - (TYP) == II1I4E I1111I !III,I =;11111 i i! 6.1il .- o FRc''CA1 f=lkIP ---- 2" TO Pl.ktP -- — 111(( 11�Ii1 11111 ii11t1 "I°URE3(J aKl°'MEi SW M©UT C�ETAIL Rte. SCREEN:NO E (!5" I`1,, W+D Tu) NOTE: PR2IGR TO ELECTRICAL ROl.+SN ELECTRICAL CONTRACTOR SHALL 6Uet'SIt A REvik3tO'4 TO Tt -E8E GRALU:NGa WOWING EXlatiNG $ERVSCE uJIti4 ADDITIONAL LOAD C4LCV AT!oNa AND EXPECTED AS -E U'LT CONFICIUR2ATIGN3 F DIFFERENT FROM tl -+ESE GRAUNG3. 0 N.1.5. ELEvATSQN oP t ECt<' +N PEI ATIQN rO wcti6a: ESTATet.1$u N Flu). 6' C/L FENCE -� (VER;FY) 13,00' FE B+GENCE 'i3' 6' C/L FE .N E 6' C E3.3 WALL (vERiFY) (vERi Y') SITE SCALE I 2 20' POOL c iiER DATE 33.13' 3113' 50IL 6 TATEMENT SOIL AT 31 rE 13 SANDY AND 11A5 A 2CCO Pais 3AF13 HEARING CAPACITY AFTER EtX CAVAT!ON AND CO PACTia1 84301)LD ANY t°L4,cK6, MAr2t-3, CR OTI -ER ORGANIC I ! 80 La F3E U 8C01� 'FRED ON EXCAVATION, n -ey $1.40UJi D eE RtsMtib1�D iN t1 -E$1R aNt;seTY, 11-4I5 POOL F Ec . 20D0 PeF I?.EARiNG CAPACITY. 1•4YCRAULIC UPLIFT CG 1PJTAT!ONa FLOOD GREET ELY. FOR AREA " 6.9' TOP OF POOL ELY. 2 $.23 EoTTOt1 OF POOL ELY. • 219 NY DRAUJLI CAV 1 4 ALLOWANCE /4Y CRR03TAT!C vALvE, -20 NE T 1--EAD 213 LL$E.g. N N !CK CC:2■CRETE FLOOR'LAE3 CHAIN LiN< FENCE W! $ELP C►: QBINC SELF LOCK;NG C:AtE AS F=ER rE 9' WALK WAY 1 in THE LOCATION POiNT3, Dii"•E;N3!Ohi3, AND CoNatRUCtION 1TEMa PAVE eEEEN 0:60,45$E0 :UITI -4 t-E AND I APPROVE OP T141-1 A8 iNO;CATE O ON TkE ENGINEERED) PLANS. EYERYT14 N¢ D!3C?+8&EU 0Y TI-E CONTRACTOR .w fl-E POOL MINER ($ 5i40111 ON TI-E PLAN , W T1+ERE At2E NO 'EROAL AGC"sREE VIEE.14TS, it :a UNDEsF tOOD T11At ANY CONDiT!0Na GR CNAN6E3 UAL NECE33itATE AN EXTRA CNARGE. VaL M3L MgL Net. - OT t�.+c3riaKAt.