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

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: Application: Property: Mario Garcia-Serra Variance 944 Lugo Avenue BA-17-09-1073 Legal Description: Coral Bay Section B, Lot 18, Blk 3 Present Owners: Present Use: Zoning District: Public Hearing: Date & Time: Location: 6401 LLC Residential Single-Family Residential (SFR) Board of Adjustment January 8, 2018; 8:00 a.m. 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 Cit y of Cora l Ga bl e s P la nn in g a n d Zoning D ivision Page 1

St aff R e port a n d R ecomm e nd ation 944 L u go Avenue Varia 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. Cit y of Cora l Ga bl e s P la nn in g a n d Zoning D ivision Page 2

St aff R e port a n d R ecomm e nd ation 944 L u go Avenue Varia 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. Cit y of Cora l Ga bl e s P la nn in g a n d Zoning D ivision Page 3

Attachment A

Exhibit A

SP Pools Within The 20 Foot Setback 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 3 780 Lugo 11 1081 San Pedro 4 910 Lugo 12 1071 San Pedro 5 1300 Lugo 13 1051 San Pedro 6 1050 Lugo 14 1025 San Pedro 7 1080 Lugo 15 1001 San Pedro 7 6 SP 4 1 3 2 5 8 9 10 11 12 13 14 15 16 17

Exhibit B

APPENDIX A - SITE SPECIFIC ZONING REGULATIONS Attachment B 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 a minimum side setback from each side line of ten (10) feet. Appendix A Site Specific Zoning Regulations A-13

APPENDIX A - SITE SPECIFIC ZONING REGULATIONS 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. Appendix A Site Specific Zoning Regulations A-14

1/3/2018 Property Search Application - Miami-Dade County Attachment C Summary Report Generated On : 1/3/2018 Property Information Folio: 03-5118-006-0180 Property Address: 944 LUGO AVE Coral Gables, FL 33156-6323 Owner Mailing Address PA Primary Zone Primary Land Use 6401 LLC Beds / Baths / Half 3 / 3 / 0 Floors 1 Living Units 1 Actual Area Living Area Adjusted Area Lot Size Year Built 1971 Assessment Information 12900 SW 89 CT MIAMI, FL 33176 USA 0100 SINGLE FAMILY - GENERAL 0101 RESIDENTIAL - SINGLE FAMILY : 1 UNIT 3,793 Sq.Ft 2,619 Sq.Ft 3,077 Sq.Ft 11,500 Sq.Ft 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, School Board, 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 County 2017 2016 2015 Exemption Value $0 $0 $50,000 Taxable Value $1,553,822 $1,556,338 $1,144,456 School Board Exemption Value $0 $0 $25,000 Taxable Value $1,553,822 $1,556,338 $1,169,456 City Exemption Value $0 $0 $50,000 Taxable Value $1,553,822 $1,556,338 $1,144,456 Regional Exemption Value $0 $0 $50,000 Taxable Value $1,553,822 $1,556,338 $1,144,456 Sales Information Previous Sale Price OR Book- Page 12/01/2015 $1,950,000 29906-1774 05/26/2015 $1,150,000 29631-3876 04/22/2010 $47,950 27274-2143 12/01/2004 $0 23106-2509 2017 Aerial Photography 200ft Qualification Description Qual by exam of deed Qual by exam of deed Corrective, tax or QCD; min consideration Sales which are disqualified as a result of examination of the deed 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 Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version:

Attachment D

Attachment E City of Coral Gables Courtesy Notice of Public Hearing December 28, 2017 Applicant: Application: Property: Public Hearing - Date/Time/ Location: Mario Garcia- Serra Variance 944 Lugo Avenue, Coral Gables, Florida BA- 17-09- 1073 Board of Adjustment January 8, 2018, 8 :00 a.m. City Commission Chambers, City Hall, 405 Biltmore Way, Coral Gables, Florida, 33134 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 site specific 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