Justin Proffitt, AICP, Planning & Zoning Manager

Mario Duron, Jr. Associate Planner

The applicants, ESTEBAN ALOIA MACRETT & NATACHA, represented by Susan Wolkenfeld, request a non-use variance:

1.      Variance from Section 24-80(C)(3)(a) to permit a six (6) foot fence in the front yard setback, where only a four (4) foot fence is permitted.

The subject property, as well as the properties to the north and south are zoned R-2, Residential Single-Family District, in the Sky Lake subdivision. To the west, the subject property abuts the Sky Lake. The City of North Miami Beach boundary limit is to the east of the subject property, where, Enchanted Lake, an unincorporated community of Miami-Dade begins. The County properties to the east are zoned RU-1, Single-Family Residential District. The existing development consists of a newly constructed 4,445.6 square foot, two-story residential property.

The attached city staff report outlines the applicant’s compliance with the Variance Review Criteria in Section 24-176 of the Zoning and Land Development Code.

PLANNING AND ZONING BOARD RECOMMENDATION:

At their February 13, 2017 meeting, the Planning and Zoning Board APPROVED the variance by a vote of 5-0. The Motion was made by Vice Chair Kresiberg, seconded by Mr. Litowich, to approve item 17-1 with condition of approval below:

1.      Upon sale or change in ownership enforceable by a covenant running with the land of the property that everything over the four feet portion of the fence will be removed to comply with this existing code.

COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION:

The Community Development Department recommends APPROVAL of the fence height variance without the condition of approval to require the removal of fencing greater than four feet upon sale or change of ownership enforceable through a covenant running with the land of the property, as recommended by the planning and zoning board.

Approving the variance with condition upon sale or change in ownership enforceable by a covenant running with the land of the property, is not a practical condition to monitor or to enforce for the City’s Community Development Department. The Department does not monitor the change of ownership for single-family homes, and does not recommend this condition of approval.