36South Miami
M•NnericacBy
CITY OF SOUTH MIAMI , I
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the Ci Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Departmen
Date: January 14, 2010 ITEM No.
Subject:
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE
FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO
PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH
LOT FRONTAGE OF 32.99 FEET WHERE A MINIMUM 75 FEET OF
FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE -
FAMILY RESIDENTIAL ZONING USE DISTRICT, LOCATED AT 7630 SW 63
COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE
DATE.
REQUEST
The applicant is requesting approval of a variance from Section 20- 3.5(E), Dimensional
Requirements Single - Family Districts, of the Land Development Code (LDC) to permit a
new one -story single family home to be built on a vacant corner lot having a lot frontage
of 32.99 feet in lieu of the required minimum lot frontage of 75 feet in the RS -3 Single
Family Residential Zoning District. The intent of the variance request is to orient the
front of the house toward the east facing a residential street as opposed to facing south to
Manor Lane, a street with abutting commercial uses.
BACKGROUND
The subject property is a vacant, irregular shaped corner lot with a net area of 12,313 sq.
ft. The applicant's intent is to construct a one -story single family home. The corner
property faces SW 63 Court and Manor Lane. However, SW 63 Court is currently closed
at Manor Lane. Thus, SW 63 Court is a dead end street. Typically, the front of a parcel is
considered the side facing a right -of -way. In this case the lot frontage is desired on SW
63 Court, however, the frontage here is only 32.99 feet in a zoning district requiring a
minimum lot frontage of 75 feet. This is a double frontage lot and the frontage oriented
toward Manor Lane would comply since it is 179.46 feet, which exceeds the lot frontage
minimum requirement of 75 feet. However, the applicant's current plans and intent are to
build a one story home with the front of the home facing SW 63 Court, a residentially
oriented street.
2
STAFF OBSERVATIONS
(1) The same property was the subject of the same variance request in October, 2006,
submitted by a previous owner. The Planning Board recommended approval of the
variance and the City Commission unanimously approved it at its October 17, 2006
meeting (see Resolution. No. 190 -06 -12331 attached). A granted variance expires in one
year if no building permit is applied for within a one year time period.
(2) The subject property has its legal address facing onto SW 63 Court. The applicant
correctly states that using Manor Lane as the frontage of the property would be a
hardship due to the volume of traffic on Manor Lane and the commercial nature of the
uses directly across the street. The applicant also states that creating a house shaped to
match the irregular shape of the parcel (trapezoidal) would be out of character with the
other existing homes on SW 63 Court. Land Development Code, Section 20- 3.6(F)(4)
would resolve the issue in favor of the orientation toward SW 63 Court.
(3) The applicant's claim of hardship due to the irregular shape of the lot is supportable
under the variance decision criteria set forth for the Planning Board in Section 20 -5.9
which states that ......The variance is necessary to relieve particular extraordinary
conditions relating to a specific property. "
(4) The Planning and Zoning Department staff report did recommend a physical barrier
and a six (6) feet high landscape hedge to be installed and maintained along the Manor
Lane property line. This recommendation was not a part of the recommended approval by
the Planning Board.
PLANNING BOARD ACTION
The Planning Board at its November 24, 2009 meeting, after public hearing, approved a
motion by a vote of 7 ayes 0 nays recommending that the requested variance be approved
RECOMMENDATION
It is recommended that the proposed requested variance for 7630 SW 63 Court be
approved.
Attachments:
Draft Resolution
Application for Public Hearing,Location Map, ,Letter oflntent, Justification Letter
Property Survey, Proposed Site Plan,
Planning Board Minutes excerpt 11124109, Planning staff Report 11124109
Land Development Code (LDQ Applicable Regulations
Resolution. No. 190 -06 -12331
Public Notices
TJV /SAY /LCH
X 1Comm ltems12 01 011- 1 4- MVariance 7630 SW 63 Ct CM Report.doc
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
5 MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION
6 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE
7 FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET
8 WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY
9 WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT
10 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN
11 EFFECTIVE DATE.
12
13 WHEREAS, Application No. PB -09 -028 was submitted to the Planning Board by
14 applicant, Palmeorp Development Group, LLC said application requesting approval of a
15 variance from Section 20- 3.5(E) to permit a new single family home to be built on a vacant
16 lot with a lot frontage of 32.9 feet where a minimum of 75 feet is required; on property
17 within an "RS -3" Single Residential Zoning use district, specifically located at 7630 SW
18 63 Court, South Miami, Florida; and
19
20 WHEREAS, the applicant wishes to develop the property with a new single
21 family home; and
22
23 WHEREAS, the applicant desires to place the frontage of the double frontage
24 property facing SW 63 Court which is a residential street thereby requiring a variance; and
25
26 WHEREAS, the approval of a variance requires a recommendation from the
27 Planning Board and the approval of the City Commission after a public hearing; and
28
29 WHEREAS, at its November 24, 2009 meeting the Planning Board, after public
30 hearing, voted 7 ayes 0 nays to recommend approval of the variance requested; and
31
32 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
33 accept the recommendation of the Planning Board.
34
35 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
36 THE CITY OF SOUTH MIAMI, FLORIDA THAT:
37
38 Section 1. That the subject application submitted by applicant Palmcorp Development
39 Group, LLC requesting approval of a variance from Section 20- 3.5(E) to permit a new single
40 family home to be built on a vacant lot with a lot frontage of 32.9 feet where a minimum of
41 75 feet is required on property within an "RS -3" Single Residential Zoning use district,
42 specifically located at 7630 SW 63 Court, South Miami, Florida.
43
44 Section 2. The approval of the requested variances includes Exhibit A, Site Plan for
45 proposed Residence at 7630 SW 63 Court as prepared by Avelino R. Leoncio, Jr., AIA. and
46 dated 10 -22 -09 is incorporated herein.
47
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Section 3. That the approval of the subject variance is based upon an affirmative finding
that the requested variance meets the following criterion set forth in LDC Section 20-
5.9(H):
(1) The variance is necessary to relieve particular extraordinary conditions
relating to a specific property;
(2) Denial of the variance would result in hardship to the owner. Hardship
results if the restriction of the zoning ordinance, when applied to a
particular property, becomes arbitrary, confiscatory or unduly oppressive
because of conditions of the property that distinguish it from other
properties under similar zoning restrictions;
(3) The extraordinary conditions and circumstances do not result from the
actions of the applicant;
(4) The requested variance is the minimum variance necessary to make
possible the reasonable use of land, building or structure;
(5) That the approval of the variance will be in consistent with the general
intent and purpose of the Land Development Code, and will not be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
Section 4. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of 12010
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X:\Comm Items \2010 \1 -14 -10 \Variance 7630 SW 63 Resoi.doc
2
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
6000 [9626 'ox sop)
6E :E an,i 600ZIZ71160
City of South Amami
Planning & Zoning Department
City HA 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663.6326; Fax: (305) 66S -7356
��rz� -may
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: - 7(p3C) 5171 (a-3 Cat- •
Lots) IQ BIOCK _I .=aivision L k-I K
PB
Meets & Bounds:
Applicant:.
Na I t GfQ
Phone:
L-Q 30� (n -195 Cs
Representative: Av& l i no l -Cy-c't b
Organization:
Address 14+- I I _RcsSzvv ce e 'Rp_-.
Phone: 305 '773 , le�1� 7
M i 0 vr�
Property Owner, ClIrnCDr".P
Signature:
Caro u p , t.. L-G
Mailing Address: c � � � Y Yea t 3 .
a �
Phone: 300 1 /_ (C,.. i9G (�
Architect/Engineer.
Phone:
3aS 773'cis°1
veiin t�Gip
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
_Owner's Representative _Contract to purchase Option to purchase _TenantlLessee
_Owner
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS'
PLEASE CHECK THE APPROPRIATE ITEM: !/
Variance
PLEASE CHECK ALL THAT APPLY:
Letter of intent -
_, Text Amendment to LDC
Zoning Map Amendment Use
Z/ usttfications for change,
_- _•Special
PUD Approval _Special Exception
Statement of hardship
PUD Major Change _Other (Waiver of Plat)
ZOr6of of ownership or letter from owner
,ZPgwer of attorney
Briefly explain application and cite specific Code sections:
JA, Contract to purchase
,,Current survey (1 originaleealed and
�� w t Vdt2(A V C h3eCG SL
T e
signed/1 reduced copy @ 11" x 17 0)
�,_/15 copies of Site Plan and Floor Plans
Diu( S a.q i 1v lvi
t� -DO)
Ireduced copy @IVxIT'
✓Affidavit.Recsipts attesting to mail
no ces sent
Section:— Subsection:_ Page 9: Amended Date:
Mailing labels (3 eats) and map,
✓Required Fee(s)
The �hasreod ttus cosppieted application and represeuts that the information and all submitted materials are true and
corn to a spplicant's lmowledge and belief.
N1 C' CGYj[ lo�rc; D
Applicant's Signature and title h4r- m ber PrintName Data
Upon recaipt, a plications and all submitted materials will be reviewed for compliance with the Land Development Code and other
1.,.oro to.ee pr �„� AnnV,Afinna frnmd not in compliance will be reiected and returned to the applicant.
OFFICE USE ONLY: ^,�
Date Filed /C/ Z 3 D ,�/ Date of PB Nearfing l9 Date of Commission
Petition Required Petition Accepted?
Method of Payment
4 /l6/09X:\Po=\PH Application for Public Hoarin6 (Revised 2009),doc
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City of South Miami
PB -09 -028 Lot Frontage Variance
7630 SW 63 Court
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GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 11/9/2009.
Palmcorp Development Group
2903 Salzedo Street
Coral Gables, FL 33134
305.446.7990 Phone 305.446.4151 Fax
October 13, 2009
City of South Miami
Planning & Zoning Department
6130 Sunset Drive
South Miami, FL. 33143
RE: 7630 SW 63 CT.
South Miami, FL
To Whom It May Concern:
We are applying for a Variance for the above mentioned property
In the process of applying for this variance, we found that the Northeast side of
our property which is 32.99 ft (Less than the required 75.00 ft) therefore
representing a "hardship" that is running with the land.
We are asking for your assistance in resolving this hardship via the said
Variance.
Your assistance is greatly appreciated.
Palmcorp Development Group
2903 Salzedo Street
Coral Gables, FL 33134
305.446.7990 Phone 305.446.4151 Fax
October 13. 2009
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: 7630 SW 63 Ct., South Miami, FL
To Whom It May Concern:
I am applying for a Variance Permit, for the above stated property for the
following reasons:
1. All the houses in that neighborhood face either east or west and the
variance would allow this house to face east
2. The street adjacent to this property on the South side was closed off
from the commercial area with traffic features.
3. There is continuous traffic on Manor Lane (the adjacent street to the
South)
4. Without the variance, the house would be of a triangular shape and be
out of place in the neighborhood.
5. The home would be set back only 7 feet from its rear neighbor's pool.
6. Without the variance, pedestrians coming in and out of the house
would walk into a commercial road with heavy traffic, therefore
endangering them.
If you have anyAluestions, please feel free to contact me.
Thank
managing Member
Palmcorp Development Group, LLC
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CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Tuesday, November 24, 2009
City Commission Chambers
7:30 P.M.
I. Call to Order and the fledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairperson, Mr. Morton requested a roll call. Board members present
constituting a quorum:
Present: Mr. Comendeiro, Mr. Farfan, Mr. Morton, Ms. Yates, and Mr. Whitman,
Mr. Cruz, and Ms. Young
Absent: None
City staff present: Thomas J. Vageline (Planning and Zoning Director), Lourdes
Cabrera - Hernandez (Principal Planner), Maria Stout -Tate (Administrative Assistant
II), Mark Goldstein, City Attorney.
TV. Planning Board Applications /Public hearings.
Applicant: Palmeorp Development Group, LLC
Location: 7630 SW 63`d Court
Request:
A RESOLUTION OF THE MAYOR LL CITY COMMISSION OF TI3E CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW
SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9
FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON
PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT,
LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING
FOR AN EFFECTIVE DATE.
2
Mr. Morton read into the record.
Mr. Morton asked a few questions on the above stated item.
Ms. Cabrera - Hernandez stated that the applicant is requesting approval of a variance from
Section 20- 3.5(E), Dimensional Requirements . Single - Family Districts, of the Land
Development Code (LDC) to permit a new one -story single family home to be built on a
vacant corner lot having a lot frontage of 32.99 feet in lieu of the required minimum lot
frontage of 75 feet in the RS -3 Single Family Residential Zoning District. The intent of the
variance request is to orient the front of the house toward the east facing a residential street as
opposed to facing south to Manor Lane, a street with abutting commercial uses.
Ms. Cabrera- Hernandez stated the following applicable regulations would be as the following:
Development Code Section 20- 3.5(E), Dimensional Requirements Single - Family Districts
• Land Development Code Section 20 -5.9 Variance Approvals
• Land Development Code Section 20- 6.l(B)(3)(h), Planning Board, Powers and Duties
• Land Development Code Section 20- 3.6(F)(4), Roadway Dedications, Improvements and
Setbacks
Ms. Cabrera- Hemandez stated that the background and analysis on the subject property was
listed as a vacant, irregularly shaped corner lot with a net area of 12,313 sq. ft. The applicant's
intent is to construct a one -story single family home. The corner property faces SW 63 Court
and Manor Lane. However, SW 63 Court is currently closed at Manor Lane. Thus, SW 63
Court is a dead end street. Typically, the front of a parcel is considered the side facing a right -
of -way. In this case the lot frontage is desired on SW 63 Court; however, the frontage here is
only 32.99 feet in a zoning district requiring a minimum lot frontage of 75 feet. This is a
double frontage lot and the frontage oriented toward Manor Lane would comply since it is
179.46 feet, which exceeds the lot frontage minimum requirement of 75 feet. However, the
applicant's current plans and intent are to build a one story home with the front of the home
facing SW 63 Court, a residentially oriented street.
Ms. Cabrera- Hernandez stated that the staff analysis would be as follows:
® The subject property has its legal address facing onto SW 63 Court. The applicant correctly
states that using Manor Lane as the frontage of the property would be a hardship due to the
volume of traffic on Manor Lane and the commercial nature of the uses directly across the
street. The applicant also states that creating a house shaped to match the irregular shape of
the parcel (trapezoidal) would be out of character with the other existing homes on SW 63
Court. Land Development Code, Section 20- 3.6(F)(4) would resolve the issue in favor of
the orientation toward SW 63 Court.
® The applicant's claim of hardship due to the irregular shape of the lot is supportable under
the variance decision criteria set forth for the Planning Board in Section 20 -5.9 which states
that "....The variance is necessary to relieve particular extraordinary conditions relating
to a specific property. "
In order to provide a buffer between the new home and the abutting commercial properties
it would be appropriate to require a physical barrier and a six feet high landscaping
screening buffer along the Manor Lane property line.
Ms. Cabrera - Hernandez stated that staff recommends that the variance request be approved
with the following condition:
A physical barrier and a six feet high landscape hedge shall be installed and maintained
along the Manor Lane property line.
Mr. Vageline interjected stating that the first time the variance was granted was in 2006 and
since it was not used it expired. Mr. Vageline stated that the property was platted and
approved as in the current condition and that Manor Lane was not widened in that area.
Mr. Morton asked if there was a variation in the plat size or had it been approved as is. He
went on to state that the norm is the smaller dimension which would be the front, which in this
case would be 32 feet facing SW 63 Court. Based on the platting date, regardless of the 75
foot requirement, SW 63 Court would be the side which would be considered the front of the
property.
Mr. Vageline stated that in this case the character of SW 63 Court is the residential character
which the applicant would like to continue, facing the front on SW 63 Court instead of Manor
Lane. The plat was approved in 1948.
Mr. Morton stated that the applicant should not get penalized for a variance due to the fact that
there is no hardship.
Ms. Yates asked if the neighbors were notified. Ms. Cabrera - Hernandez stated that everyone
was notified.
Ms. Young asked if this property in 2006 had come in front of the board. Was it the same
applicant she questioned? Mr. Vageline stated no. Ms. Young asked if the property is the same
(i.e. footage). Ms. Cabrera - Hemandez stated yes.
Mr. Cruz asked if there would be any other setback variances? Ms. Cabrera - Hernandez stated
I-10.
Ms. Young inquired about the phrase "physical barrier" and a "six feet high landscaping
screening buffer. " What is the physical barrier? Mr. Vageline stated that it would be a fence
or wall. Ms. Young asked if a hedge could be considered as a physical barrier. Ms. Cabrera -
Hernandez stated no.
Mr. Morton asked what triggered the barrier. Ms. Cabrera-Hernandez stated that you don't
have to, but that the last applicant did have a barrier; it is a carry over from the previous
applicant. Mr. Morton wanted to know why would this Board be interested in having a barrier
on this property. Mr. Vageline stated that staff wanted to make sure that there would be a more
complete residential area by giving it a separation by having a barrier. Mr. Vageline stated that
it is unrelated to the variance.
Mr. Morton opened the meeting to the public..
Speaker:
NAME
�
Sharon McCain Not Provided
Ms. McCain inquired if the applicant was the same owner or was it different applicant. Ms.
Cabrera - Hernandez stated that it was different. Ms. McCain inquired on what Ms. Young had
asked about the signatures and the fact that the signatures were not given to the Board. Ms.
McCain questioned that it should be there. Ms. McCain stated that there are minutes that need
to go along with the deferred item (PB -09 -029). She gave a copy to staff to submit once the
deferred item will be shown.
SUPPORT/OPPOSE
Did not state
Mr. Morton closed the public meeting.
Mr. Morton stated the signatures are no longer needed. He stated that the regulations were
changed, and that the applicant would provide City staff with the addresses and that a certified
letter would be sent out and that signatures would not be needed. Mr. Morton inquired that if
this applicant does not have a code required issue with the issue of a barrier, then it should be
removed from "conditions" stipulated under this appeal.
Ms. Yates asked if the architect could answer the question about the barrier.
Mr. Morton opened the meeting to the public.
Ms. Yates asked if there would be a barrier around the property.
Speaker:
NAME Address Supports /Oppose
Mr. Al Leoncio Not given Supports
Al Leoncio, architect, stated that the applicant would not put a fence around the property.
Mr. Morton closed the public hearing due to the fact that there were no other questions asked
of the architect.
Motion: Mr. Morton made a motion to delete all the requirements that relate to the barrier and
hedging, let that be a design decision. Seconded by Juan Comendeiro.
Vote: 7 ayes, 0 naves.
Motion was adopted and passed.
Motion: Ms. Yates made a motion to approve the amended resolution as discussed. Seconded
by Mr. Cruz.
Vote: 7 ayes, 0 nayes.
Motion was adopted and passed.
X \Comm Items\2010 \1- 14 -10 \PB Minutes 11 -24 -09 Gxcerpt.doc
To: Honorable Chair & Date: November 24, 2009
Planning Board Members
From: Thomas J. Vageline, Director Re: Variance Request
Planning and Zoning Department 7630 SW 63 Court
PB -09 -028
Applicant: Palmcorp Development Group, LLC
Location: 7630 SW 63 Court
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW
SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.99
FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY
WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL ZONING USE DISTRICT,
LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING
FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST:
The applicant is requesting approval of a variance from Section 20- 3.5(E), Dimensional
Requirements Single - Family Districts, of the Land Development Code (LDC) to permit a new
one -story single family home to be built on a vacant corner lot having a lot frontage of 32.99 feet
in lieu of the required minimum lot frontage of 75 feet in the RS 3) Single Family Residential
Zoning District. The intent of the variance request is to orient the front of the house toward the
east facing a residential street as opposed to facing south to Manor Lane, a street with abutting
commercial uses.
APPLICABLE REGULATIONS (SeeATTACHMENT)
• Land Development Code Section 20- 3.5(E), Dimensional Requirements Single- Family
Districts
• Land Development Code Section 20 -5.9 Variance Approvals
• Land Development Code Section 20- 6.1(13)(3)(h), Planning Board, Powers and Duties
• Land Development Code Section 20- 3.6(F)(4), Roadway Dedications, Improvements and
Setbacks
7630 SW 63 Court.
Variance —Lot Size (Frontage)
November 24, 2009
BACKGROUND c& ANALYSIS:
The subject property is a. vacant, irregular shaped corner lot with a net area of 12,313 sq. £t. The
applicant's intent is to construct a one -story single family home. The corner property faces SW
63 Court and Manor Lane. However, SW 63 Court is currently closed at Manor Lane. Thus, SW
63 Court is a dead end street. Typically, the front of a parcel is considered the side facing a right -
of -way. In this case the lot frontage is desired on SW 63 Court, however, the frontage here is
only 32.99 feet in a zoning district requiring a minimum lot frontage of 75 feet. This is a double
frontage lot and the frontage oriented toward Manor Lane would comply since it is 179.46 feet,
which exceeds the lot frontage minimum requirement of 75 feet. However, the applicant's
current plans and intent are to build a one story home with the front of the home facing SW 6' a residentially oriented street.
STAFF ANALYSIS:
The subject property has its legal address facing onto SW 63 Court. The applicant correctly
states that using Manor Lane as the frontage of the property would be a hardship due to the
volume of traffic on Manor Lane and the commercial nature of the uses directly across the
street. The applicant also states that creating a house shaped to match the irregular shape of
the parcel (trapezoidal) would be out of character with the other existing homes on SW 63
Court. Land Development Code, Section 20- 3.6(F)(4) would resolve the issue in favor of the
orientation toward SW 63 Court.
The applicant's claim of hardship due to the irregular shape of the lot is supportable under
the variance decision criteria set forth for the Planning Board in Section 20 -5.9 which states
that "....The variance is necessary to relieve particular extraordinary conditions relating to
a specific property. "
e In order to provide a buffer between the new home and the abutting commercial properties it
would be appropriate to require a physical barrier and a six feet high landscaping screening
buffer along the Manor Lane property line.
RECOMMENDATION•
It is recommended that the variance request be approved with the following condition:
• A physical barrier and a six feet high landscape hedge shall be installed and maintained along
the Manor Lane property line.
Attachments:
Land Development Code (LDC) Applicable Regulations
Location Map, PB -09 -028 Lot Frontage Variance 7630 SW 63 Court
2
7630 SW 63 Court.
Variance —Lot Size (Frontage)
November 24, 2009
Application for Public Hearing, dated October 15, 2009
Letter of Intent, dated October 13, 2009
Justification Letter, dated October 1.3, 2009
Warranty Deed, File Number 09 -RE -1122, recorded on August 14, 2009
Power of Attorney, notarized on October 15, 2009
Property Survey, dated July 28, 2009
Proposed. Site Plan, dated October 22, 2009
Copy of Public Notices
Trv/LCH
Y:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports \11 -24 -09 \7630 SW 63 Court\PB -09 -028 7630 SW 63
Court Variance - Lot Frontage.doc
ATTACHMENT
Land Development Code Section 20- 3.5(E) DIMENSIONAL REQUIREMENTS Single -
Family Districts
REQUIREMENT RS -3
Minimum Frontage (ft) 75'
8- 18 -09))
(A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-
5.5 shall lapse after one (1) year if no building permit has been applied for in accordance with
the request for such variance and if the city commission has not specified a, longer approval
period for good cause shown.
(B) Extension of Variance Approvals. Four (4) affirmative votes of the city
commission may grant an extension to a previously approved variance if a proper and timely
request is made by the applicant prior to the expiration of the one -year period.
(C) Hardship Statement. All applications for a variance shall include a letter of intent
indicating the specific nature of the hardship upon which the request is based..
(D) Property Survey Required All applications for a variance shall include a current
property survey prepared by a registered surveyor.
(E) Neighborhood Awareness. All applications for a variance shall be accompanied by a
map which reflects all properties and the names of all property owners within a five hundred
(500) foot radius of the subject property. A notarized affidavit shall be presented to the Planning
and Zoning Department within five (5) business days of submittal of an accepted application,
attesting that the applicant gave notice of the proposed application to all the property owners
within the noted five hundred (500) foot radius by regular U.S. mail with the exception of the
abutting, or contiguous, property owners, who shall be made aware via Certified Mail. The
affidavit shall be accompanied by a copy of the notification letter together with copies of the
Certified Mail receipts.
7630 SW 63 Court.
Variance —Lot Size (Frontage)
January la, 2010
(F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings
and setbacks and any other features relating to the variance request.
(G) Permitted Variance Requests. Applications for variances shall be restricted to only the
following:
(1) Yard setbacks
(2) Lot size
(3) Lot coverage
(4) Building height
(5) Fences and walls
(6) Impervious coverage
(7) Off - street parking
(8) Open space
(9) Signs
(10) Landscaping
®. Land Development Code Section 20- 6.1(B)(3)(h), Planning Board, Powers and Duties
(h) The board shall review and make recommendations on all applications for variances
from the requirements of this Code for yard setbacks, lot size, lot coverage, building
height, fences and walls, impervious coverage, off - street parking, open space, signs and
landscaping. Recommendations for a variance shall be made based upon the criteria set
forth in Section 20- 5.9(H).
® Land Development Code Section 20- 5.9(H) All variance decision shall be based on an
affirmative finding as to each of the following criterion:
(1) The variance is necessary to relieve particular extraordinary conditions relating
to a specific property;
(2) Denial of the variance would result in hardship to the owner. Hardship results if
the restriction of the zoning ordinance, when applied to a particular property,
2
7630 SW 63 Court.
Variance — Lot Size (Frontage)
January 14, 2010
becomes arbitrary, confiscatory or unduly oppressive because of conditions of
the property that distinguish it from other properties under similar zoning
restrictions;
(3) The extraordinary conditions and circumstances do not result from the actions of
the applicant;
(4) The requested variance is the minimum variance necessary to make possible the
reasonable use of land, building or structure;
(5) That the approval of the variance will be in consistent with the general intent and
Purpose of the Land Development Code, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
® Land Development Code Section 20- 6.3(F)(4)- Roadway Dedications, Improvements and
Setbacks.
(4) In determining which streets are the frontage and side streets the director of
building and zoning shall be guided by the existing development pattern
X: \Comm Items \2010 \I -14 -10 \9630 SW 63 Court variance LDC Regulations.doc
RESOLUTIONNO. 190 -06 -12331
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION
20- 3.5(E) OF THE. LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE
FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET
WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY
WITHIN AN "R8-3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT
7630 SW 63 COURT, ,SOUTH MILAMI, FLORIDA; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, Application No. PB -05 -019 was submitted to the Planning Board by
applicant, Hector Cape, said application requesting approval of a variance from Section 20- 3.5(E)
to permit a new single family home to be built non a lot with a lot frontage of 32.9 feet where a'
minimum of 75 feet is required; where 75 feet is required on property within an "RS -3" Single
Residential Zoning use district, specifically located at 7630 SW 63 Court, South Miami, Florida;
and,
WHEREAS, the applicant wishes to develop the property with a new single family home;
and,
WHEREAS, the applicant desires to place the frontage of the double frontage property
facing SW 63 Court which is a residential street thereby requiring a variance; and,
WHEREAS, the approval of a variance requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and,
WHEREAS, on July 11, 2006 the Planning Board, after public hearing, voted 5 ayes 0
nays to recommend approval with conditions of the variance requested; and,
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
the recommendation of the Planning Board.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH .MIAMI, FLORIDA THAT:
Section 1. That the subject application submitted by applicant, Hector Capo, said
application requesting approval of a variance from Section 20- 3.5(E) to permit a new single family
home to be built on a lot with a lot frontage of 32.9 feet where a minimum of 75 feet is required on
property within an "RS -3" Single Residential Zoning use district, specifically located at 7630 SW
63 Court, South Miami, Florida is hereby approved; and
Section 2. The approval of the requested variances includes Exhibit A, Development and
Site Plan for the Residence "D ", 7630 SW 63 Court as prepared by Azze Architecture, Inc. and
dated 10 -6 -06 is incorporated herein.
,s. No. 190 -06 -12331
Section 3. That the approval of the subject variances are based upon the following
findings:
a) The requested frontage variance is necessary due to the irregular shaped property and to allow
the proposed home to face a residential street versus a commercial area which ifnot granted would
constitute a.hardship;
b) The variance requested will have minimal impact on surroundingproperties;
c) The variance requested is a unique situation that would not be applicable to any other properties
in the immediate vicinity, and,
d) That the hardsh7p is not self-created due to the unique shape of the property, which configuration
.existed at the time the property was purchased.
Section 4. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this /73ay of October, 2006
ATTEST: APPROVED:
ce
Cz
CLERK MAYOR
Commission Vote: 5_0
READ AND APPROVED AS TO FORM: Mayor Feliu Yea
Vice Mayor Wiscombe: Yea
Commissioner Palmer: Yea
CommissionerBirts: Yea
Commissioner Beckman: Yea
igueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
P: \Comm Items\2006 \10- 17- 06\PB -06- 024 7641 SW 62 Resol.doc
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