| | | | | | | |  | Quasi-Judicial Legislation
10.1.
City of North Miami Beach
17011 NE 19 Avenue
North Miami Beach, Fl 33162
305-947-7581
www.citynmb.com |
|
| | | | | | | | | TO: | Mayor and City Commission
| | FROM: | Esmond K. Scott, City Manager | | VIA: | Justin Proffitt, AICP, Director of Community Development
Mario Duron, AICP, Associate Planner | | DATE: | December 15, 2020 |
|
| | | | | | | | | RE: | Resolution No. R2020-121 Approving A Non-Use Variance Request for an Atrium Enclosure (Justin Proffitt, AICP, Director of Community Development) |
|
| | | | | | | | Description
| | BACKGROUND ANALYSIS:
| REQUEST:
The Applicant, Rachel A. Streitfeld, Esq.-Bright Side Legal, representing property owners, Vanesa Pirola & Alan Chamo, are requesting one (1) non-use variance from Section 24-47(D)(4), to permit an Atrium enclosure on the property with a side setback of eight (8) feet and six (6) inches, where twenty (20) feet is the minimum side yard setback required.
THE SITE:
The Property is located in the Leeward Point Condominium community, which consists of forty-one (41) multifamily dwelling units. The community was originally built 1974. The Subject Property, Unit 37 in Leeward Point Condominiums, was purchased by Alan Chamo and Vanessa Pirola in 2015.
BACKGROUND:
The Atrium for which the non-use variance is being requested appears to have existed on the Property since 1988. Correspondence between Leeward Point Condominium Association and Mr. & Mrs. Merrill, then owners of Unit 37, cite unauthorized, unapproved, and illegal alterations made to the Condominium Property sometime between 1986 and 1988. In June 2015, when Ms. Pirola & Mr. Chamo, purchased the property they were provided an Associate Estoppel indicating Unit 37 had no violations. In 2019, a complaint from an adjacent neighbor prompted an investigation and resulted in a notice of violation by the Building Department for “installation of a glazing enclosure addition in the rear of the property” under BV19-226V. To reconcile the violation and legalize the Atrium enclosure, in March 2020 the Property Owners submitted building permit BM20-518. It was approved by Building (4/2/20) and Structural (5/21/20) but denied by Planning and Zoning. Planning and Zoning did not approve the permit because the Atrium encroaches into the required side yard setback.
| RECOMMENDATION:
| PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board recommended APPROVAL of one (1) non-use variance. Board Member Larry Thompson made the motion to approve, Board Member Joseph Litowich seconded the motion, and item was recommended for approval by a vote of 5-0.
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION:
The Community Development Department recommends APPROVAL of one (1) non-use variance subject to the conditions contained in the attached draft Resolution.
| FISCAL/ BUDGETARY IMPACT:
| None. |
| | | | | | |
|