THE CITY OF CORAL GABLES BOARD OF ADJUSTMENT DECEMBER 3, 2007 AUDITORIUM , CORAL GABLES YOUTH CENTER, 405 UNIVERSITY DRIVE RECAP The meeting was scheduled to be held in the Auditorium, Coral Gables Youth Center, 405 University Drive, Coral Gables, Florida, commencing at 8:00 a.m. MEMBERS J F M A A M J J A S O N D APPOINTED BY: Miles McGrane XXXXXX E C E P P P A Mayor Donald Slesnick II Tony Bello PPPPPPP C PPP P P Vice Mayor William H. Kerdyk, Jr. Sharon Langer, Esq. PPPPP E E C E PPP P Comm. Maria Anderson Jaime Pozo, Esq. P E P P E P P C P P E P P Comm. Rafael “Ralph” Cabrera, Jr. John C. Lukacs, Esq., Chairperson E P P P E P P C P E P P P Comm. Wayne “Chip” Withers Sergio Artigues, Architect PPPPPPP C E PP E P Board of Adjustment Dr. Joseph W. Briggle, Vice Chair PPPPPPP C PPPP P City Manager David L. Brown STAFF: A = Absent Martha Salazar-Blanco, Zoning Administrator C = Meeting Cancelled Elizabeth Gonzalez, Zoning Technician E = Excused Absence Steven Rodriguez, Zoning Technician L = Late Joan L. Bailey & Associates, Court Reporter P = Present R = Resigned X = Not on Board THESE MINUTES DO NOT REQUIRE ANY ACTION BY THE CITY COMMISSION. The meeting was called to order at 8:00 a.m. by the Chairperson who announced that six board members were present at that time. Four votes are necessary for any action thereof. The Chairperson announced the following rules of procedure for the hearing: 1. The applicant will present his/her case. 2. If there are speakers in favor of the application, they will be given the opportunity to be heard. 3. If there are speakers against the application, they will be given the opportunity to be heard. 4. The applicant will be given the opportunity of a rebuttal. 5. Public hearing closed. 6. Staff recommendation. 7. Board members discussion. 8. Motion, second and a vote on the application. THE CITY OF CORAL GABLES RECAP BOARD OF ADJUSTMENT DECEMBER 3, 2007 PAGE 2 1. Roll Call Roll call was taken. All Board members with the exception of Mr. McGrane were in attendance. 2. Approval of the November 5, 2007 Recap A motion was made by Mr. Bello, seconded by Dr. Briggle to approve the November 5, 2007 Recap. The motion was passed by voice vote. RESOLUTION NO. 4875-ZB 3. 8652-Z 30 54 41 1.89 Acre M/L part of northerly 1/2 of north1/2 of southwest1/4 of norheast1/4 beginning at northeast corner Lot 26, Block: 155 per PB/PG: 25-55 through west 212.40 feet northwest 85.34 feet northeast 375 feet along SE/L of (lengthy legal) (1190 South Dixie Highway) Ariel Pedrosa - Applicant John C. Breder, BIC Management Corporation, c/o Breder Management Corporation - Owner Advanced Multi Sign - Architect/Engineer A hearing was not held on case no. 8652-Z. The Applicant was not in attendance. APPLICANT'S PROPOSAL: In connection with the proposed signage for the existing commercial building at the subject property, the Applicant requests the following variance pursuant to the provisions of Ordinance No. 1525 as amended and known as the “Zoning Code.” 1. Grant a variance to allow the proposed tenant “metro PCS” to have two (2) signs vs. only one (1) sign permitted per street level as required by Section 5-1904 of the Coral Gables “Zoning Code.” All as shown on plans which have received Final approval from the Board of Architects. Such approval is for architectural design only and is not an endorsement of any variances being requested by the Applicant. STAFF OBSERVATION: The Applicant is requesting a variance for two (2) proposed signs for the tenant“metroPCS”. The “Zoning Code” is specific as to the number of signs and the locations allowed. The “ZoningCode” allows one (1) sign per street level tenant, per street right-of-way frontage. This section requires thatbusinesses must face upon a street in order have signage. THE CITY OF CORAL GABLES RECAP BOARD OF ADJUSTMENT DECEMBER 3, 2007 PAGE 3 The existing tenant space is located in a building that does not face the street; the building is perpendicular to South Dixie Highway. The Applicant is requesting one sign to be located on the building directly above the front entrance to the store facing the parking lot, and is requesting a second sign on the arch of the building facing South Dixie Highway. In November 2005, with respect to Case No. 8537-Z, the Board of Adjustment granted variances for the “UPS Store” tenant signage, also located within this building. The variances were for two signs, one at the entrance to the store and one on the arch of the building. South Dixie Highway is a major thoroughfare, and the sign on the arch would enable the public to identify the location of “metroPCS”. Once entering the parking lot, the sign located on the building above the entrance would identify the exact location of “metroPCS”. The Zoning Division staff finds that this building is unique in its design and recommends APPROVAL for a sign on the building directly above the front entrance and a sign to be located on the arch of the building. STAFF RECOMMENDATION: Pursuant to Section 24-7 VARIANCES of the “Zoning Code,” the Zoning Division staff finds as follows in regard to the Applicant's proposal as presented in their application for a variance from the provisions of Ordinance No. 1525, as amended and known as the “Zoning Code,” and makes the following recommendations: 1. That special conditions and circumstances do exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. 2. That the special conditions and circumstances do not result from the actions of the Applicant. 3. That granting the variance requested will not confer on the Applicant a special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. 4. That literal interpretation of the provisions of the “Zoning Code” would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the “Zoning Code,” and would work unnecessary and undue hardship on the Applicant (see also definition of “necessary hardship”). 5. That the variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. 6. That granting the variance will not change the use to one that is different from other land in the same district. 7. That the granting of the variance will be in harmony with the general intent and purpose of the “Zoning Code,” and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Based on the findings in paragraphs 1 through 7 above, the Zoning Division staff recommends APPROVAL of item 1 of the Applicant’s proposal. THE CITY OF CORAL GABLES RECAP BOARD OF ADJUSTMENT DECEMBER 3, 2007 PAGE 4 4. 8653-Z WITHDRAWN Lot(s): 27 and 28, Block: 70 Coral Gables Riviera Section 5, PB/PG: 20-38 (1433 Robbia Avenue) Guilford & Associates, P.A.- Applicant Mark and Maria C. Romance - Owner Natalia L. Ojeda, P.E. - Architect/Engineer APPLICANT'S PROPOSAL: In connection with the proposed swimming pool for the existing single-family residence at the subject property, the Applicant requests the following variance pursuant to the provisions of Ordinance No. 1525 as amended and known as the “Zoning Code.” 1. Grant a variance to allow the proposed swimming pool for the existing single-family residence to have a rear setback of five (5'-0") feet vs. the proposed swimming pool for the existing single-family residence to have a rear setback of ten (10'-0") feet as provided for by Section 5-108(D)(1) and 4101( D)(4)(c) of the Coral Gables “Zoning Code.” All as shown on plans which have received Final approval from the Board of Architects. Such approval is for architectural design only and is not an endorsement of any variances being requested by the Applicant. 5. 8654-Z Lot: 8, Block: 26 Cocoplum Section 2, Plat G, PB/PG: 134-59 (144 Rosales Court) Charles D. Medeiros - Applicant Martha Ware and Mark Edwards - Owner Charles D. Medeiros - Architect/Engineer A hearing was held on case no. 8654-Z. Present: Charles D. Medeiros - Applicant, Owner and Architect APPLICANT'S PROPOSAL: In connection with the proposed generator location for the existing single- family residence at the subject property, the Applicant requests the following variance(s) pursuant to the provisions of Ordinance No. 1525 as amended and known as the “Zoning Code.” 1. Grant a variance to allow the proposed stand by generator in the front yard vs. no accessory building or structure may be located in the area between the street and the main residential building or any part thereof as required by Section 5-101(B) of the Coral Gables “Zoning Code,” and in no case shall an accessory building or structure be located closer to the front or side street of a lot or building site than the main or principal building as required by Section 5-101(C) of the Coral Gables “Zoning Code.” THE CITY OF CORAL GABLES RECAP BOARD OF ADJUSTMENT DECEMBER 3, 2007 PAGE 5 2. Grant a variance to allow the proposed stand by generator to be at a maximum height of ten (10'-0") feet to top of generator from actual grade vs. stand by generators to be at a maximum height of four (4'-0") feet as required by Section 5-2801(A)(14) of the Coral Gables “Zoning Code,” and the proposed generator to be a maximum twenty-eight (28) square feet vs. the proposed generator not to exceed a ground area of twenty (20) square feet as required by Section 5-2801(A)(14) of the Coral Gables “Zoning Code.” All as shown on plans which have received Final approval from the Board of Architects. Such approval is for architectural design only and is not an endorsement of any variances being requested by the Applicant. STAFF OBSERVATION: Item No.1 The Applicant is requesting a variance for the proposed stand by generator to be located between the street and the main residential building or any part thereof, and to be located closer to the front of a lot of the subject property than the principal building. Staff has reviewed the plans submitted and has determined that due to the existing building, existing accessory structures, and the required side and rear setbacks, the proposed location is a feasible location. The generator has been designed to be located upon a platform with a surrounding railing as a continuation of the front porch, and lush landscaping is being provided to screen the generator from street view. The proposed generator location is a minimum of eighty (80'-0") feet from the front property line and is set back a minimum of thirty-four (34'-0") feet from the garage, which is the portion of the building closest to the street. The Zoning Division staff recommends APPROVAL of item 1 of the Applicant’s request. Item No. 2 The Zoning Division staff finds that a variance is not required for item 2 and is withdrawing this request. STAFF RECOMMENDATION: Pursuant to Section 24-7 VARIANCES of the “Zoning Code,” the Zoning Division staff finds as follows in regard to the Applicant's proposal as presented in their application for a variance from the provisions of Ordinance No. 1525, as amended and known as the “Zoning Code,” and makes the following recommendations: 1. That special conditions and circumstances do exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. 2. That the special conditions and circumstances do not result from the actions of the Applicant. 3. That granting the variance requested will not confer on the Applicant a special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. 4. That literal interpretation of the provisions of the “Zoning Code” would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the “Zoning Code,” and would work unnecessary and undue hardship on the Applicant (see also definition of “necessary hardship”). THE CITY OF CORAL GABLES RECAP BOARD OF ADJUSTMENT DECEMBER 3, 2007 PAGE 6 5. That the variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. 6. That granting the variance will not change the use to one that is different from other land in the same district. 7. That the granting of the variance will be in harmony with the general intent and purpose of the “Zoning Code,” and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Based on the findings in paragraphs 1 through 7 above, the Zoning Division staff recommends APPROVAL of item 1 of the Applicant’s proposal. A motion was made by Ms. Langer, seconded by Dr. Briggle to approve item 1 of the Applicant’s proposal. A Resolution was passed by voice vote. RESOLUTION NO. 4876-ZB A RESOLUTION APPROVING A REQUEST FOR A VARIANCE TO ORDINANCE NO. 1525 AS AMENDED AND KNOWN AS THE “ZONING CODE,” TO WIT: 1. Grant a variance to allow the proposed stand by generator in the front yard vs. no accessory building or structure may be located in the area between the street and the main residential building or any part thereof as required by Section 5-101(B) of the Coral Gables “Zoning Code,” and in no case shall an accessory building or structure be located closer to the front or side street of a lot or building site than the main or principal building as required by Section 5-101(C) of the Coral Gables “Zoning Code.” 5. 8655-Z Lot: 23, Block: A Gables Estates No. 2, PB/PG: 60-37 (90 Casuarina Concourse) Vincent E. Milio - Applicant Vincent E. Milio - Owner Dennis K. Solano, P.E. - Architect/Engineer A hearing was held on case no. 8655-Z. Present: Vincent Eugene Milio - Applicant and Owner APPLICANT'S PROPOSAL: In connection with the proposed dock, boatlift, and mooring piles for the existing single-family residence at the subject property, the Applicant requests the following variance(s) pursuant to the provisions of Ordinance No. 1525 as amended and known as the “Zoning Code.” THE CITY OF CORAL GABLES RECAP BOARD OF ADJUSTMENT DECEMBER 3, 2007 PAGE 7 1. Grant a variance to allow the proposed dock to extend outward from the bank thirty-seven (37'-0") feet vs. the proposed dock to extend a maximum of five (5'-0") feet from the bank as required by Section 5-802(A) of the Coral Gables “Zoning Code.” 2. Grant a variance to allow the proposed mooring piles to be placed at thirty-seven (37'-0") feet from the bank vs. the proposed mooring pile to be placed at a maximum of twenty-five (25'-0") feet from the bank as required by Section 5-802(B) of the Coral Gables “Zoning Code.” 3. Grant a variance to allow the proposed boatlift to be placed at thirty-seven (37'-0") feet from the bank vs. the proposed boatlift to be placed at a maximum of twenty-five (25'-0") feet from the bank as required by Section 5-805(E) of the Coral Gables “Zoning Code.” All as shown on plans which have received Final approval from the Board of Architects. Such approval is for architectural design only and is not an endorsement of any variances being requested by the Applicant. STAFF OBSERVATION: Items No. 1, 2 and 3; the Applicant is requesting variances for the proposed dock, mooring piles and boatlift to extend beyond the distance allowed as required by the “Zoning Code.” Due to dense resources between twelve and a half (12.5') and fourteen (14'-0") feet waterward from the seawallalong the length of the property, the proposed design was suggested and approved by the Miami-Dade CountyCoastal Resources Section. The proposed design would minimize the impact to the resources and wouldachieve an adequate water depth. The Applicant submitted a certified survey indicating a minimum waterwaywidth of one hundred and seventy feet (170'-0"); this ample width easily accommodates and complies with therequired seventy-five (75'-0") feet of open unobstructed navigable water. The Zoning Division staff recommends APPROVAL of items 1, 2 and 3 of the Applicant’s request. STAFF RECOMMENDATION: Pursuant to Section 24-7 VARIANCES of the “Zoning Code,” the Zoning Division staff finds as follows in regard to the Applicant's proposal as presented in their application for a variance from the provisions of Ordinance No. 1525, as amended and known as the “Zoning Code,” and makes the following recommendations: 1. That special conditions and circumstances do exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. 2. That the special conditions and circumstances do not result from the actions of the Applicant. 3. That granting the variance requested will not confer on the Applicant a special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. 4. That literal interpretation of the provisions of the “Zoning Code” would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the “Zoning Code,” and would work unnecessary and undue hardship on the Applicant (see also definition of “necessary hardship”). 5. That the variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. THE CITY OF CORAL GABLES RECAP BOARD OF ADJUSTMENT DECEMBER 3, 2007 PAGE 8 6. That granting the variance will not change the use to one that is different from other land in the same district. 7. That the granting of the variance will be in harmony with the general intent and purpose of the “Zoning Code,” and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Based on the findings in paragraphs 1 through 7 above, the Zoning Division staff recommends APPROVAL of items 1, 2 and 3 of the Applicant’s proposal. A motion was made by Mrs. Langer, seconded by Mrs. Artigues to approve items 1, 2 and 3 of the Applicant’s proposal. A Resolution was passed by voice vote. RESOLUTION NO. 4877-ZB A RESOLUTION APPROVING A REQUEST FOR VARIANCES TO ORDINANCE NO. 1525 AS AMENDED AND KNOWN AS THE “ZONING CODE,” TO WIT: 1. Grant a variance to allow the proposed dock to extend outward from the bank thirty- seven (37'-0") feet vs. the proposed dock to extend a maximum of five (5'-0") feet from the bank as required by Section 5-802(A) of the Coral Gables “Zoning Code.” 2. Grant a variance to allow the proposed mooring piles to be placed at thirty-seven (37'-0") feet from the bank vs. the proposed mooring pile to be placed at a maximum of twenty- five (25'-0") feet from the bank as required by Section 5-802(B) of the Coral Gables “Zoning Code.” 3. Grant a variance to allow the proposed boatlift to be placed at thirty-seven (37'-0") feet from the bank vs. the proposed boatlift to be placed at a maximum of twenty-five (25'0") feet from the bank as required by Section 5-805(E) of the Coral Gables “Zoning Code.” Meeting adjourned at 8:10 a.m. THE CITY OF CORAL GABLES BOARD OF ADJUSTMENT Martha Salazar-Blanco Secretary