City of North Miami Beach, Florida Community Development Department

PLANNING AND ZONING BOARD STAFF REPORT

TO: Planning and Zoning Board Members VIA: Justin Proffitt, AICP, Community Development Director Sharon Cino, Planning & Zoning Manager FROM: Mario Duron, AICP Associate Planner DATE: August 10, 2020 RE: Setback Variance for an Atrium at 16454 NE 27th PL, Unit #37

P&Z ITEM # 20-14 Variance for Atrium OWNER(S)/DEVELOPERS OF PROPERTY Vanesa Pirola & Alan Chamo

ADDRESS OF PROPERTY 16454 NE 27 PL, Unit #37

FOLIO NUMBER(S) 07-2215-007-0370

EXISTING ZONING RM-19 RESIDENTIAL LOW-RISE MULTIFAMILY (MEDIUM DENSITY)

EXISTING LAND USE RESIDENTIAL LOW-RISE MULTIFAMILY

FUTURE LAND USE DESIGNATION RESIDENTIAL MEDIUM DENSITY

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 feet and six inches, where twenty feet is the minimum side yard setback required.

THE SITE: The Property is located in the Leeward Point Condominium community, which consists of 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 has 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

17050 NE 19th Ave.  North Miami Beach, FL 33162  Tel: 305. 948.2966  Fax: 305.787.6012  [email protected]

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.

ZONING: The Property is zoned RM-19 Residential Low-Rise Multifamily (Medium Density) District, and is located in the Western Eastern Shores neighborhood.

CODE COMPLIANCE CHECKLIST: Staff has reviewed the application for consideration by the Planning and Zoning Board; in this report, Staff presents the applicable Zoning and Land Development Code regulations with recommendations.

SURROUNDING ZONING & LAND USES: Future Land Use Location Zoning Designations Existing Land Uses Designations North Conservation Maule Lake Conservation East and West RM-19 - Residential Residential Residential Multifamily Low-Rise Multi-Family Multifamily Medium Density - 19 Units/Ac South B-2 General Business Commercial General Business District

Sec. 24-47(B) – RM-19 Residential Low-Rise Multifamily Uses Permitted Use Permitted Existing Recommendation/Comments Multifamily and two-family Multifamily Residential Complies residential dwellings; Dwelling

Sec. 24-47(D) – RM-19 Residential Low-Rise Multifamily Site Development Standards Required Existing Recommendation/Comments Maximum density: Nineteen (19) 41 Units dwelling units per net acre. Existing

Lot Area: 2.3 acres Min: 9,000 square feet

P&Z Item# 20-14 Atrium Variance

Lot width: Existing Lot Width Min: 85 feet Minimum Building Setbacks: Requesting non-use . Front 25 FT variance to permit . Rear 25 FT existing 8.5 FT side . Side (2-story) 20 FT setback. Maximum building height: Two-story no change. 3 stories/35 feet

Minimum floor area: Unit 37: 1550 SF (Atrium . 1 BDR: 800 SF GFA: 182 SF). Existing . 2 BDR: 1000 SF . 3 BDR: 1200 SF Maximum lot coverage: No Change, Existing 25% Lot Coverage

Minimum pervious area: No Change, Existing 30% of the lot Pervious Area

PLANNING AND ZONING DIVISION ANALYSIS: Staff originally reviewed this item under BM20-518 in May 2020. The permit to legalize the Atrium enclosure was approved by the Building and Structural reviewers but denied by Planning and Zoning. While the Atrium complied with the Florida Building Code per the other disciplines’ review, the enclosure does not comply with the setback requirements set in the Zoning and Land Development Code for properties in the RM-19 zoning district.

The variance is being requested because the Atrium encroaches into the side yard setback of the west property line of the Leeward Point Condominium community. Per Section 24-47(D), the two-story structure requires a 20 FT. setback from the side property line. However, at its closest point, the Atrium is 8.5 FT away from the western side property line. Because the Atrium enclosed an existing balcony plus an additional 6 Ft of an existing concrete slab/deck, there were no impacts to pervious area or lot coverage requirements.

The following is staff’s review of the non-use variance request.

P&Z Item# 20-14 Atrium Variance

Figure 1 The green square denotes extent of existing Atrium enclosure within the property limits of Unit 37. The Atrium has an 8.5 FT. setback from the side property line of the Leeward Point Condominium property limits.

Variance: A non-use variance from Sec. 24-47(D)(4) to permit an atrium enclosure to have a side setback of 8’-6”, where a twenty (20) foot setback from side property line is required by the Code.

In reviewing a variance, city staff utilizes the variance criteria and procedure in Section 24-176.

1. A non-use variance to the terms of this Code that will not be contrary to the public interest may be recommended by the Planning and Zoning Board and granted by the City Council in compliance with the requirements of the City Charter in this Code, upon a showing by the applicant that the nonuse variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. For the purpose of this subsection, the term "non-use variances" involves matters such as setback lines, frontage requirements, subdivision regulations, height

P&Z Item# 20-14 Atrium Variance

limitations, lot size restrictions, yard requirements and other variances which have no relation to change of use of the property in question. 2. Appropriate conditions and safeguards, in conformity with the Code, may be prescribed as a condition of the granting of the variance, and violation of such conditions shall be deemed a violation of this Code.

3. The nonconforming use of adjacent lands, structures, or buildings shall not be considered grounds for the authorization of a variance.

The applicant has identified the following hardships for the variance request:

. The nature of the Property’s location in relation to its neighbors o The Property is structurally connected through shared walls with the neighboring townhomes on both sides. o There is no access to the Atrium through a side yard. Access to the Atrium from the land would require temporary easement or access agreements with at least five neighboring properties. o Existing fences dividing the neighbors' yards would have to be removed for such access. . Extreme difficulty of accessing the Atrium for demolition o Requires access to the structure via a floating barge in the canal at the rear of the Property. o Eight neighboring owners have objected to this unnecessary disruption and stating their support for the request.

The Applicant requests a variance from Sec. 24-47(D)(4), so that the existing Atrium enclosure can be legalized and permitted as it currently stands.

Staff has reviewed the variance request and determined that the Applicant has provided hardships, not self-imposed, which support approval of the non-use variance request in order to legalize and permit the structure. Staff recognizes the alternative for demolition will impact many neighbors and affect their quality of life, and the structural integrity of neighboring homes. Staff finds the request maintains the basic intent of the zoning requirements, as there is a setback provided between the Atrium enclosure and side property line (8.5 FT). The existing setback is further mitigated by the canal that adds additional distance between the side property lines of the neighboring development (‘Lakeview Townhomes’ to the west). This request is not detrimental to the community and does not impact the appearance of the community at-large, as the enclosure is within the rear/backyard area of the property where it fronts a canal. The structure was installed and design in a manner that is architecturally and structurally harmonious to Condominium community and to the surrounding area.

P&Z Item# 20-14 Atrium Variance

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.

SUBMITTAL HISTORY: BUILDING DEPARTMENT (March 31st, 2020) PLANNING & ZONING BOARD (August 10th, 2020) CITY COMMISSION (TBD)

Attachment(s): • Draft Resolution • Letter of Intent and Application Package • Drawings submitted for Building Permit BM20-518

P&Z Item# 20-14 Atrium Variance

LOCATION AND AERIAL MAP

P&Z Item# 20-14 Atrium Variance

ZONING MAP

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PROPERTY NOTIFICATION SIGN

P&Z Item# 20-14 Atrium Variance