2018 0108 staff report 944 lugo no deck944 lugo avenue – variance january 8, 2018 city of coral...

Cit y o f Cora l Ga bl e s P la nn in g a n d Zon i ng D iv i s ion Pag e 1

C i t y o f C o r a l G a b l e s P l a n n i n g a n d Z o n i n g S t a f f R e p o r t

Applicant: Mario Garcia-Serra

Application: Variance

Property: 944 Lugo Avenue – BA-17-09-1073

Legal Description: Coral Bay Section B, Lot 18, Blk 3

Present Owners: 6401 LLC

Present Use: Residential

Zoning District: Single-Family Residential (SFR)

Public Hearing: Board of Adjustment

Date & Time: January 8, 2018; 8:00 a.m.

Location: City Commission Chambers, City Hall, 405 Biltmore Way, Coral Gables, Florida 33134

1. APPLICATION REQUEST

Request for variance for the property located at 944 Lugo Avenue pursuant to the provisions of Ordinance No. 2007-01 as amended and known as the “Zoning Code.”

1. Grant a variance to reduce the setback for a swimming pool to allow ten (10) feet from the required twenty (20) feet from canal, waterway, lake or bay, pursuant to Site Specific Regulation, Section A-26 (E) of the Coral Gables “Zoning Code.”

2. BOARD OF ARCHITECTS REVIEW Final approval on May 25, 2017. 3. ADVERTISING This application was advertised in the Miami Daily Business Review on December 22, 2017. Letters were mailed to properties within one thousand feet of subject property and the property was posted on December 28, 2017. 4. STAFF OBSERVATION The property owner, 6401 LLC is currently making improvements to the existing single-family residence located at the subject parcel and is proposing to add a swimming pool at the rear. The property is located in the Coral Bay Section of Coral Gables, on the south side of Lugo Avenue and it is adjacent to a canal. Pursuant to Appendix A, Site Specific Zoning Regulations, Section A-26 (E) of the Zoning Code, swimming pools require a minimum setback of twenty (20) feet from canal, waterway, lake or bay. The

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944 L u go Ave n u e – Var ia n ce Ja nu ary 8 , 201 8


applicant is requesting a variance that would allow compliance with necessary permits. The subject parcel at approximately 11,500 sq. ft. in lot area (100 feet wide by 115 feet long) is located at 944 Lugo Avenue within the Gables by the Sea community. Currently, the subject parcel contains an existing single-family residence of approximately 3,800 sq. ft. built in 1971. As shown on the boundary survey provided by the applicant, the setback of the existing house to the rear property line abutting the canal is 25.45 feet, meeting the required setback for main structure. However, in this area of Coral Bay Section B, swimming pools require 20 feet rear setback. Given the existing condition, and setback requirement of 20 feet, there will be no room for a swimming pool. Therefore, the applicant is requesting a variance to allow the addition of a standard-sized 13-foot wide swimming pool setback 10 feet from the rear property line with surrounding deck. This request requires a public hearing, including review and approval by the Board of Adjustment. The Board provides relief from hardships and errors in the application of the regulations. The Planning and Zoning Division staff has reviewed the application and find the proposed swimming pool with surrounding deck appropriate to the character of the neighborhood. 5. STAFF RECOMMENDATION Pursuant to Section 3-806 Standards for Variances of the “Zoning Code,” the Zoning Division staff finds and the Board of Adjustment shall find as follows in regard to the applicant’s proposal as presented in their application for a variance from the provision of Ordinance No. 2007—01, as amended and known as the “Zoning Code,” and makes the following findings:

1) That special conditions and circumstances 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.

Does meet the standard required for authorization of variance. The existing single-family residence was built in in 1971 with 25.45 feet building setback to the rear which limits the available area to build a swimming pool while respecting the rear setback.

2) That the special conditions and circumstances do not result from the actions of the applicant.

Does meet the standard required for authorization of variance. Site conditions are not created by the actions of the applicant. The subject parcel, located on the south side of Lugo Avenue, was platted in 1958 as part of Coral Bay Section B. The existing single family residence was built in 1971.

3) That granting the variances requested will not confer on the applicant a special privilege that is

denied by these regulations to other lands, buildings or structures in the same zoning district.

Does meet the standard required for authorization of variance.

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944 L u go Ave n u e – Var ia n ce Ja nu ary 8 , 201 8


A swimming pool with a deck is a customarily associated use for single-family homes and is a common feature found in adjacent properties throughout this neighborhood.

4) The literal interpretation of the provisions of these regulations would deprive the applicant of

rights commonly enjoyed by other properties in the same zoning district under the terms of these regulations, and would work unnecessary and undue hardship on the applicant (see also definition of “necessary hardship”).

Does meet the standard required for authorization of variance. A swimming pool with a deck is a typical accessory use to single-family residences not only in this neighborhood but throughout Florida. A strict and literal enforcement of the 20-foot rear setback would require the property owner to redesign the existing house in order to have a swimming pool.

5) That the variance granted is the minimum variance that will make possible the reasonable use

of land, building or structure.

Does meet the standard required for authorization of variance. The existing house has a rear setback of 25.45 feet. The variance of 10 feet from the required 20 feet is the minimum variance that would allow the applicant to add a standard-sized 13-foot wide swimming pool.

6) That granting the variance will not change the use to one that is not permitted in the zoning

district or different from other land in the same district.

Does meet the standard required for authorization of variance. Granting the variance requested will not change the use to one that is not permitted in the zoning district. The proposed swimming pool is accessory to the existing single-family residence.

7) That the granting of the variance will be in harmony with the general intent and purpose of

these regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

Does meet the standard required for authorization of variance. The variance request is to allow a swimming pool setback 10 feet from the rear property line where 20 feet is required with a deck surrounding the swimming pool. The property abuts a canal. In areas not subject to site specific zoning regulations, setbacks for swimming pool for properties abutting a canal is five (5) feet. Granting the variance will allow the property owner to enjoy the same amenity commonly enjoyed by property owners in this neighborhood.

8) The granting of the variance is appropriate for the continued preservation of an historic

landmark or historic landmark district.

Attachment A

Exhibit A

SP 1 3 2

5

4

Pools Within The 20 Foot Setback SP 944 Lugo - Subject

Property 8 1135 San Pedro 16 851 San Pedro

1 830 Lugo 9 1125 San Pedro 17 841 San Pedro

2 720 Lugo 10 1115 San Pedro






16 15 12 17

14 13 11 10 9 8

7 6

Exhibit B

APPENDIX A - SITE SPECIFIC ZONING REGULATIONS

Appendix A – Site Specific Zoning Regulations A-13

20. Lot 7, Block 2-Ten (10) feet.21. Lot 13, Block 3-Fifteen (15) feet from north side and six (6) feet from south side.22. Lot 14, Block 3-Fifteen (15) feet from north side.23. Lot 14, Block 3-Ten (10) feet from south side.24. Lot 20, Block 3-Ten (10) feet from north side.25. Lot 20, Block 3-Twenty-five (25) feet from south side.26. Lot 29, Block 3-Fifteen (15) feet from N.W. side.27. Lot 29, Block 3-Seven and one-half (7½) feet from east side.28. Lot 1, Block 4-Ten (10) feet from N.E. side.29. Lot 11, Block 4-Fifteen (15) feet from N.E. side.30. Lot 11, Block 4-Ten (10) feet from S.W. side.

F. Setbacks-Minimum rear. 1. Lots 1 through 5, inclusive, Block 1-Six (6) feet.2. Lots 1, 2, 4 and 5, Block 2-Six (6) feet.3. Lots 1 through 28, inclusive, Block 3-Six (6) feet.4. Lot 3, Block 2-Eight (8) feet.5. Lot 6, Block 2-Fifteen (15) feet from Mariposa Avenue.6. Lot 7, Block 2-Fifteen (15) feet from Mariposa Avenue.7. Lot 29, Block 3-Fifteen (15) feet from Mariposa Avenue.8. Lots 1 through 11, inclusive, Block 4-Five (5) feet.

Section A-25 - Coral Bay Section A.

A. Facing of lots. 1. Lot 2, Block 1, shall be deemed to face west.2. Lot 8, Block 1, shall be deemed to face east.3. Lot 40, Block 2, shall be deemed to face north.4. Lot 53, Block 2, shall be deemed to face north.5. Lot 69, Block 2, shall be deemed to face west.6. Lot 73, Block 2, shall be deemed to face west.7. Lot 77, Block 2, shall be deemed to face north.

B. Setbacks-Minimum front. 1. Where the front lot line is formed partially by the arc of the cul-de-sac, in this event the

setback from the arc shall be a minimum of fifteen (15) feet.C. Setbacks-Minimum side.

1. Lot 14, Block 2-Ten (10) feet from each side line.2. Lot 17, Block 2-Ten (10) feet from each side line.

D. Setbacks from canal, waterway, lake or bay. The minimum setback from waterway line, canal line or bay shore line as platted, shall be twenty-five (25) feet for main residence buildings and twenty (20) feet for screened patios and/or swimming pools.

Section A-26 - Coral Bay Section B.

A. Building sites. 1. One (1) building site to consist of Lot 15.2. One (1) building site to consist of Lot 16.

B. Facing of lots. 1. Lots 1 and 61, Block 4, shall be deemed to face San Pedro Avenue.

C. Setbacks-Minimum front. 1. Lots 43 and 45, Block 3 and Lots 29 and 31, Block 4, shall have a minimum front setback from

the most southerly and northerly portion of the arcs of twelve and one-half (12½) feet.D. Setbacks-minimum side.

1. Lots 1 and 61, Block 4, shall have a minimum side setback from Lugo Avenue of twenty-five(25) feet and a minimum side setback from the inside lot line of ten (10) feet.

2. Lots 1 through 55, inclusive, Block 3 and Lots 2 through 60, inclusive, Block 4 shall have aminimum side setback from each side line of ten (10) feet.

Attachment B

APPENDIX A - SITE SPECIFIC ZONING REGULATIONS

Appendix A – Site Specific Zoning Regulations A-14

E. Setback from canal, waterway, lake or bay. The minimum setback from waterway line, canal line or bay shore line, as platted shall be twenty-five (25) feet for main residence buildings and twenty (20) feet for screened patio and/or swimming pools on Lots 2 to 55, inclusive, all in Block 3, and all lots in Block 4.

Section A-27 - Coral Bay Section C. A. Facing of lots.

1. Lot 16, Block 5; Lot 1, Block 6; Lot 18, Block 6; Lot 1, Block 7; Lot 18, Block 7; Lot 20, Block 7 shall face on Red Road.

2. Lot 5, Block 8 shall face east. 3. Lot 22, Block 8 and Lots 2 and 17, Block 9 shall face south.

B. Setbacks-minimum front. 1. Where the front lot line is formed partially by the arc of the cul-de-sac, in this event the

setback from the arc shall be a minimum of seven and one-half (7½) feet. 2. Where the front lot line is formed completely by the arc of the cul-de-sac, in this event the

setback from the arc shall be a minimum of fifteen (15) feet. C. Setbacks-minimum side.

1. All lots shall have a minimum side setback from the side lot line of ten (10) feet except that on a corner lots where two streets intersect, in this event the minimum side setback from the side street shall be a minimum of twenty-five (25) feet. (For the purpose of determining the side setbacks, the lot lines extending from the street to the waterway shall be deemed side lot lines).

D. Setback from canal, waterway, lake or bay. The minimum setback from waterway line, canal line or bay shore line, as platted shall be twenty (20) feet for main residence buildings and screened enclosures.

E. Setback requirements-Swimming pools minimum side. A minimum side setback of twenty (20) feet shall be required from one side line and a minimum setback of thirteen (13) feet shall be required from the other side line on the following properties:

Lots Block a. 15, 16, 17………...…….………………….5 b. 1, 2, 17, 18, 19……..……………………..6 c. 1, 2, 17, 18, 19, 20, 21.….……………….7 d. 4, 5, 6, 21, 22 . . . ……….……………….8 e. 1, 2, 3, 16, 17……………………………..9 Section A-28 - Coral Bay Section D. A. Facing of lots.

1. Lot 12, Block 16; Lots 1 and 18, Block 17; Lots 1 and 22, Block 18; Lots 1 and 21, Block 19; Lots 1 and 18, Block 20; Lot 16, Block 21; Lots 1 and 16, Block 22; Lots 1 and 16, Block 23; Lots 1 and 16, Block 24; Lot 1, Block 25 shall face north.

2. Lot 2, Block 10; Lot 1, Block 21; Lots 25 and 27, Block 15, shall face east. (2593) 3. Lot 15, Block 10; Lot 2, Block 11; Lots 2 and 15, Block 12; Lots 2 and 15, Block 13; Lots 2 and

15, Block 14; Lots 13 and 15, Block 15 shall face south. 4. Lot 15, Block 11; Lot 5, Block 15; Lot 2, Block 16; Lot 1, Block 26; Lot 47, Block 28 shall face

west. (2593) B. Height of buildings.

1. Duplex buildings constructed on the following described property shall be restricted to bungalow type duplexes one (1) story in height: a. Lots 46 and 47, Block 28.

2. Apartment buildings constructed on the following described property shall be restricted to two (2) and three (3) stories in height, as per drawings on file in the office of the City Clerk, said drawings having been prepared by Radar & Associates, engineers and architects, and designated as Job Number 4892, dated July 1962 and noted as being issued by Radar & Associates on January 4, 1963: a. Tract A, according to Plat Book 76, at Page 69 of the Public Records of Miami-Dade

County, Florida. C. Off-street parking requirements.

1/3/2018 Property Search Application - Miami-Dade County

Property Information

Folio: 03-5118-006-0180

Property Address: 944 LUGO AVE Coral Gables, FL 33156-6323

Owner 6401 LLC

Mailing Address 12900 SW 89 CT MIAMI, FL 33176 USA

PA Primary Zone 0100 SINGLE FAMILY - GENERAL

Primary Land Use 0101 RESIDENTIAL - SINGLEFAMILY : 1 UNIT

Beds / Baths / Half 3 / 3 / 0

Floors 1

Living Units 1

Actual Area 3,793 Sq.Ft

Living Area 2,619 Sq.Ft

Adjusted Area 3,077 Sq.Ft

Lot Size 11,500 Sq.Ft

Year Built 1971

Assessment Information

Year 2017 2016 2015

Land Value $1,236,250 $1,236,250 $1,121,250

Building Value $307,623 $310,008 $292,238

XF Value $9,949 $10,080 $8,080

Market Value $1,553,822 $1,556,338 $1,421,568

Assessed Value $1,553,822 $1,556,338 $1,194,456

Benefits Information

Benefit Type 2017 2016 2015

Save Our Homes Cap Assessment Reduction $227,112

Homestead Exemption $25,000

Second Homestead Exemption $25,000

Note: Not all benefits are applicable to all Taxable Values (i.e. County, SchoolBoard, City, Regional).

Short Legal Description

17-18 55 41

CORAL BAY SEC B PB 65-115

LOT 18 BLK 3

LOT SIZE 100.000 X 115

OR 15105-3048 0791 1

Taxable Value Information

2017 2016 2015

County

Exemption Value $0 $0 $50,000

Taxable Value $1,553,822 $1,556,338 $1,144,456

School Board


Taxable Value $1,553,822 $1,556,338 $1,169,456

City


Taxable Value $1,553,822 $1,556,338 $1,144,456

Regional


Taxable Value $1,553,822 $1,556,338 $1,144,456

Sales Information

PreviousSale Price

ORBook-Page

Qualification Description

12/01/2015 $1,950,000 29906-1774

Qual by exam of deed

05/26/2015 $1,150,000 29631-3876

Qual by exam of deed

04/22/2010 $47,950 27274-2143

Corrective, tax or QCD; min consideration

12/01/2004 $0 23106-2509

Sales which are disqualified as a result ofexamination of the deed

Summary ReportGenerated On : 1/3/2018

The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiserand Miami-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp

Version:

2017 Aerial Photography 200ft

Attachment C

http://www.miamidade.gov/info/disclaimer.asp

Attachment D

C i t y o f C o r a l G a b l e sC o u r t e s y N o t i c e o f P u b l i c H e a r i n g

D e c e m b e r 2 8 , 2 0 1 7

A p p l i c a n t : M a r i o G a r c i a - S e r r a

A p p l i c a t i o n : V a r i a n c e

P r o p e r t y : 9 4 4 L u g o A v e n u e , C o r a l G a b l e s , F l o r i d a B A - 1 7 - 0 9 - 1 0 7 3

P u b l i c H e a r i n g - D a t e / T i m e / L o c a t i o n :

B o a r d o f A d j u s t m e n t J a n u a r y 8 , 2 0 1 8 , 8 : 0 0 a . m . C i t y C o m m i s s i o n C h a m b e r s , C i t y H a l l , 4 0 5 B i l t m o r e W a y , C o r a l G a b l e s , F l o r i d a , 3 3 1 3 4

PUBLIC NOTICE is hereby given that the City of Coral Gables, Florida, Board of Adjustment will conduct a Public Hearing on January 8, 2018 on the following application at the Coral Gables City Commission Chambers, City Hall, 405 Biltmore Way, Coral Gables, Florida:

1. Grant a variance to reduce the setback for a swimming pool to allow a minimum of ten (10)feet where twenty (20) feet is required from canal, waterway, lake or bay, pursuant to sitespecific zoning regulations, Section A-26 (E) of the “Zoning Code.”

2. Grant a variance to waive the maximum width requirement of five (5) feet for walkway,pursuant to Section 5-118 of the “Zoning Code.”

This application has been submitted by Mario Garcia-Serra on behalf of the property owner, 6401 LLC, to request variances for the property located at 944 Lugo Avenue which consists of a single-family residence. The property owner is currently making improvements to the existing single-family residence and is proposing to add a swimming pool at the rear with surrounding deck/walkway.

All interested parties are invited to attend and participate. Further information concerning this hearing may be obtained by calling Ramon Trias, Planning and Zoning Director at (305) 460-5215. Please forward to other interested parties.

If a person decides to appeal any decision made by a board/committee with respect to any matter considered at a meeting or hearing, that person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).

Sincerely,

City of Coral Gables, Florida

Attachment E

2018 0108 staff report 944 lugo no deck944 lugo avenue – variance january 8, 2018 city of coral...

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