Item Coversheet
 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

MEMORANDUM



 

TO:Mayor and City Commission
FROM: Horace McHugh, Interim City Manager
VIA: 

Edward Ng, AICP, Planning and Zoning Manager

Mario Duron, AICP, Associate Planner 

DATE:March  16, 2021



 RE: Resolution No. R2021-21 "Pool Equipment Setback Variance" (Horace McHugh, Interim City Manager)


Description
 
BACKGROUND ANALYSIS:


 

REQUEST:
The Property Owners, Jorge and Jennifer Tabares are requesting one (1) non-use variance from Section 24-81(A)(5), to permit the Pool Equipment on the Property to remain at the installed location, with a rear setback of one (1) foot, and one side yard with a continuous unobstructed width of three (3) feet, where the Code requires a minimum rear setback of eleven (11) feet and one (1) side yard with a continuous unobstructed width of five (5) feet.

 

BACKGROUND:
The Property Owners submitted a building permit, under POM20-19 for a new pool and pool equipment. The permit was approved by the reviewers for: Building, Electrical, Planning and Zoning, Plumbing, Structural, and Miami Dade County Health Department, and was issued on September 18, 2020. On November 18, 2020 the Planning and Zoning Division completed a final inspection for the work done under permit POM20-19. The inspection was denied by Planning and Zoning because the work deviated from the approved plans. The pool equipment was installed at a different location from the approved plans and no revisions of the change was submitted to the Building Department. The Property Owners have submitted a variance request for the setbacks required for mechanical equipment in order to keep the installed equipment at the nonconforming location.

 

THE SITE:
The Property is located in the Sunray East community of North Miami Beach. The single-family home was originally built 1958. The property was purchased by Jorge & Jennifer Tabares in 2016.

 

 

 RECOMMENDATION:


 

PLANNING AND ZONING BOARD RECOMMENDATION:
At January 11, 2021 meeting, the Planning and Zoning Board recommended APPROVAL of the non-use variance. Board Member Joseph Litowich made the motion to approve, Board Member Larry Shimbaum 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.



ATTACHMENTS:
Description
Pool Equipment Variance Resolution
Pool Equipment Variance Staff Report
Pool Equipment Variance PZ Application
Pool Equipment Variance LOI
Pool Equipment Variance Survey & Site Plan
POM20-19 Building Permit Documents
POM20-19 Drawings
January 2021 Planning and Zoning Board Meeting Minutes