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29South Miami I&AmedcaCAy CITY OF SOUTH MIAMI 1 01 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Buford R. "Randy" Witt, Acting City Manager 4 rd From: Thomas J. Vageline, Director � i " Planning and Zoning Department Date: July 27, 2010 ITEM No._ _ Subiect An Ordinance of the Mayor and City Commission of the City of South Miami Florida, amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Educational (Four - Story) to Single- Family Residential (Two - Story) for the property identified as the Rothan residence located at 7435 SW 66 Avenue (Folio No. 09- 4036 - 050- 0020); providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMAR17 OF REQUEST The subject application PB -10 -016 for a Comprehensive Plan Future Land Use Map amendment is being initiated by the City (Local Planning Agency) as a small scale Future Land Use Map amendment. The amendment proposed is a technical correction needed to show the correct future land use map category for the property which is clearly occupied by a single family home. The corrective action was suggested by the property owner and a member of the City Commission. The subject property has a current Future Land Use Map designation of Educational (Four - Story). The appropriate Future Land Use Map Category will be Single Family Residential (Two - Story). COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION A change in the Comprehensive Plan Future Land Use Map can be initiated by a property owner, the Local Planning Agency and the City Commission. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). Following adoption of the application by the City Commission (second reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). This amendment qualifies as a small -scale amendment and therefore DCA will not review or comment upon the application unless a compliance protest is filed within a specified time period. 2 The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues: 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood; 3) impact of the proposed use on the City's infrastructure; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. RECENT HISTORY OF THE SITE The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3 (Single - Family) from 1971 until 1989 according to records and maps in the Planning and Zoning Department. In 1989 the City produced the first Future Land Use Map as required by the new State Comprehensive Planning Act. This map indicated that the subject property was in the Public and Semi Public (Four Story) future land use map category, the same category as the Ludlum Elementary School abutting the property to the north. The City has no record as to why this property, which was clearly a single - family home and owned by a private party, would have been placed in that category. That error also resulted in the 1989 Official Zoning Use map also showing the property in the "PI" Public / Institutional Zoning district, which remains the current zoning use district. The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in the 1996 EAR. The Future Land Use Map category for this property was indicated as Educational (Four- Story) the same category assigned to the Ludlum Elementary School immediately abutting the single family home. PROPOSED AMENDMENT REVIEW The subject proposed amendment for 7435 SW 66 Avenue will remove the current Educational (Four - Story) land use category and replace it with the Single - Family Residential (Two- Story) category. The current land use category and the current zoning use district on the property makes the single - family home a non - conforming use. The existing structure can not be enlarged in any way and if destroyed the home could not be rebuilt. SITE ANALYSIS Parcels Comprehensive Plan Existing Land Use Category Land Development Code Existing Zoning District Actual Use North Educational (Four Story) PI, Public /Institutional Public school East Single Family Residential RS -3 Canal and Single family homes South Single Family Residential RS -3 Single family homes Wes Singl Family Residential RS -2 (Semi- Estate Residential) Single family homes 1. Compatibility of Use: The property is surrounded on three sides by single - family zoning districts. The use of that property for school or educational purposes would not be a compatible land use. 2. Compatibility of Density/Height: The property size is 0.34 acres. The existing land use map category would allow for school building up to four stories in height. The existing zoning district, PI, would allow for any number of institutional type uses including schools. The maximum height in the PI zone district in that location would be two stories. The uses allowed by the current land use and zoning district would not be compatible with the surrounding single family neighborhood. 3. Impact on Public Facilities: An important element of a future land use map amendment is to assess the impact of the change on the public infrastructure serving the site. For purposes of this report, presented below is a summary of the projected impact of the proposed land use map category on public facility capacity. a) Park/Recreation Facilities Continuation of existing single family home No impact b) Schools Continuation of existing single family home No impact c) Solid Waste Continuation of existing single family home No impact d) Wastewater (Sewer) Continuation of existing single family home No impact e) Potable Water Continuation of existing single family home No impact f) Traffic /Streets Continuation of existing single family home No impact 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: LAND USE ELEMENT Goal To maintain and improve the City's neighborhoods, and the quality of life of existing and future residents. Objective 1.1 The City shall implement its Future Land Use Plan Map through its land development regulations. Uses that are inconsistent with community character as set forth on the Future Land Use Map shall be eliminated....... Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. FUTURE REZONING The approval of the proposed Future Land Use Map amendment is a pre - requisite for a future zoning district change, which will implement the Future Land Use Category. The current zoning district of "PT Public / Institutional will need to be changed to the'-RS- 3" Single Family Residential Zoning District. STAFF OBSERVATIONS 1. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan. 2. The amendment is needed in order to accurately reflect the actual use on the site and to protect the surrounding residential community from inappropriate land uses. 3. The proposed land use map category change will have no impact on public facilities including traffic, waste collection, water and sewers. PLANNING BOARD ACTION The Planning Board at its July 13, 2010 meeting, after a public hearing, voted 5 ayes 2 nays (Ms. Beckman, Mr. Morton) to recommend approval of the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment. RECOMMENDATION It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the `Educational (Four- Story)" Land Use Map category to the "Single Family Residential" category for 7435 SW 66 Avenue be approved. Attachments: Draft Ordinance Location map Planning and Zoning Dept. Report 7 -13 -10 Planning Board Minutes Excerpt 7 -13 -10 Copies of Public Notices TJV /SAY X: \Comm Items\2010 \7 -27 -10 \Comp Plan PLUM Amend Rothan CM Report.doe I ORDINANCE NO. 2 3 An Ordinance of the Mayor and City Commission of the City of South Miami Florida, 4 amending the Future Land Use Map of the South Miami Comprehensive Plan by changing 5 the future land use category from Educational (Four - Story) .to Single- Family Residential 6 (Two- Story) for the property identified as the Rothan residence located at 7435 SW 66 7 Avenue (Folio No. 09- 4036.050- 0020); providing for severability; providing for ordinances 8 in conflict; and providing an effective date. 9 10 WHEREAS, Application PB -10 -016 is a request for a Comprehensive Plan Future 11 Land Use Map Amendment being initiated by the City in order to amend the Future Land Use 12 Map of the South Miami Comprehensive Plan for property located at 7435 SW 66 Avenue from 13 the category Educational (Four- Story). To Single Family Residential (Two- Story); and 14 15 WHEREAS, the proposed amendment was suggested by the property owner and a 16 member of the City Commission and is a technical correction needed to show the correct future 17 land use map category for the property which is clearly occupied by a single family home ; and 18 19 WHEREAS, since 1989 the subject property has been placed in the Educational 20 (Four - Story) Future Land Use Map category which is the same category as the Ludlam 21 Elementary School abutting the property the property to the north; and 22 23 WHEREAS, the City of South Miami has no records as to why or when this property, 24 which is a single - family home and owned by a private party, would have been placed in the 25 Educational Future Land Use Map category; and 26 27 WHEREAS, the Planning and Zoning Department staff in a report dated July 13, 28 2010 recommended approval of the proposed amendment based upon observations that the 29 amendment is needed in order to accurately reflect the actual use on the site and to protect the 30 surrounding residential community from inappropriate land uses and that the proposed 31 amendment is consistent with the goals and policies of the City's Comprehensive Plan; and 32 33 WHEREAS, on July 13, 2010, after Public Hearing regarding the proposed 34 amendment, the Local Planning Agency recommended approval of the proposed amendment 35 by a vote of 5 ayes 2 nays; and 36 37 WHEREAS, the City Commission desires to accept the recommendation of the Local 38 Planning Agency and enact the aforesaid amendment. 39 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 43 44 Section 1. The Future Land Use Map of the South Miami Comprehensive Plan is 45 hereby amended by changing the Future Land Use Map category from Educational (Four - Story). 46 to Single Family Residential (Two - Story) on property located at 7435 SW 66 Avenue. 47 48 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of , 2010 ATTEST: APPROVED: CITY CLERK MAYOR 1st Reading — 2 °d Reading — READ AND APPROVED AS TO FORM COMMISSION VOTE: AND SUFFICIENCY: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: CITY ATTORNEY Commissioner Beasley: Commissioner Harris: X: \Comm Items\2010 \7 -27 -10 \Comp Plan FLUM Amend Rothan Res Ord.doc 2 City of South Miami PB -10 -016 Future Land Use Map Change Educational to Single - Family Residential 7435 SW 66 Avenue 6701 SUNSET DR SW 72ND ST 6750- W x <o 7300 °o n 6795 v w Ku SW 74TH ST 6700 0 6790 "or' 7420 O O 7440 iz r N N TH TER 6610- 71ST LN 6639 I SUBJECT PROPERTY 0 6500 'I 7008 0 7500 " K 7010 ro 7011 7411 7410 J 7510 L) 7220 m 7520 7 020 7009 '. 7028 7530 6479 7600 7021 7240 7511 7611 6489 7020 7621 7030 7240 7260 SW 73RD ST 6475 M 7030 7049 i i,: 7048 6491 v 7031 7040 7320 7320 6471 7720 7113 :.; 7330 7350 6493 7100 7101 7110 7340 7360 7112 6467 m m m m SW 74TH ST 7730 7133 r_ 0 0 7400 m m m 7111 7120 7110 m o 7132 0 S 7440 77 AO 6p6bD sysO v D G 6341 w Yi LA 7450 P`apQ- 7500 Q 6500 1401 7400 0 7500 U K ro o 7411 7410 J 7510 L) 7220 m 7520 7521 7441 7531 7530 7600 7230 7240 7511 7611 6500 1 rn 7500 U 7441 ro o 5a `o 7510 7511 7220 m 7520 7521 7531 7530 7600 7230 7240 7610 7611 7620 7621 7240 7260 SW 73RD ST X631 w m 7310 7300 7320 7320 7720 7330 7350 7340 7360 m m m m SW 74TH ST 7730 s r_ 0 0 7400 m m m '�O � m o 'v 0 S 7440 77 AO 6p6bD sysO v D G N r r LA 7450 P`apQ- 7500 - o S SW 75TH TER 7531 6540 0 6510 1h`O 7510 0 00 7551 6551 0 7570 1S)r 7540 ^ m m o m g SW 76TH ST p7611 rn rn 7611 7600 $ v y6o 6540 6520 r`�. r? `r J m m 6 7610 7621 7621 SW 76TH TER 6561 6541 65211 7620 7631 7631 7630 SW 76TH TER; 7630 7641 g o 7651 7640 ¢ ����, 6ya'ti 65yp 7640 x 7651 7709 7650 t7231 7230 7241 7240 731? 7310 7321 7320 7331 7330- 7341 7340 7401 7400 It 7421 7410 7431 7420 7437 7430 7500 U 7441 ro o 5a `o 7510 7511 m 7520 7521 7531 7530 7600 7601 7610 7611 7620 7621 ��O X631 w m 6785 7710 ro o 5a `o 0ti �' 7661 SW 77TH TER 7720 -• m m m m m 7730 :5 r_ 0 0 o m m m '�O �_- �� 'v S 77 AO 6p6bD sysO v r r o m`- P`apQ- 6396 To: Honorable Chair.& Local Planning Agency Members From: Thomas J. Vageline, Director Planning and Zoning Departme t Date: July 13, 2010 Re: Comprehensive Plan Future Land Use Map Amendment: 7435 SW 66 Avenue PB -10 -016 Applicant: City of South Miami Location: 7435 SW 66 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami Florida; amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Educational (Four - Story) to Single - Family Residential (Two - Story) for the property identified as the Rothan residence located at 7435 SW 66 Avenue (Folio No. 09- 4036 - 050 - 0020); providing for severability; providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The subject application PB -10 -016 for a Comprehensive Plan Future Land Use Map amendment is actually being initiated by the City (Local. Planning Agency) as a small scale Future Land Use Map amendment. The amendment proposed is a technical correction needed to show the correct future land use map category for the property which is clearly occupied by a single family home. The corrective action was suggested by the property owner and a member of the City Commission. The subject property has a current Future Land Use Map designation of Educational (Four - Story). The appropriate Future Land Use Map Category will be Single Family Residential (Two- Story). COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION A change in the Comprehensive Plan Future Land Use Map can be initiated by a property owner, the Local Planning Agency and the City Commission. An amendment to the City's Comprehensive Plan Document or the Future Land Use Map requires the adoption of an ordinance by the City Commission after receiving a recommendation from the City's Local Planning Agency (Planning Board). Following approval of the application by the City Commission, (first reading of the ordinance) the application package is then submitted to the Florida Department of Community Affairs (DCA). This amendment qualifies as a small -scale amendment and therefore DCA will not review or comment upon the application unless a Future Land Use Map Amendment 7435 SW 66 Ave. July 13, 2010 Page 2 of 4 compliance protest is filed within a specified time period. The review process for a Comprehensive Plan Future Land Use Map amendment differs from the process used to review zoning district changes, variances, and site plans. A future land use map amendment review is concerned with the following basic issues`. 1) compatibility of the proposed use with surrounding uses; 2) compatibility of the proposed density and height to the limits contained in the Plan and to the immediate neighborhood; 3) impact of the proposed use on the City's infrastructure; and 4) is the amendment compatible with and does it advance the City's objectives and policies contained in the Comprehensive Plan. RECENT HISTORY OF THE SITE The home at 7435 SW 66 Avenue was built in 1968 and the property was zoned RS -3 (Single - Family) from 1971 until 1989 according to records and maps in the Planning and Zoning Department. In 1989 the City produced the first Future Land Use Map as required by the new State Comprehensive Planning Act. This map indicated that the subject property was in the Public and Semi Public (Four Story) future land use map category, the same category as the Ludlum Elementary School abutting the property to the north. The City has no record as to why this property, which was clearly a single - family home and owned by a private party, would have been placed in that category. That error also resulted in the 1989 Official Zoning Use map also showing the property in the "PI" Public / Institutional Zoning district, which remains the current zoning use district. The Future Land Use Map was re- issued in 1997 to reflect the amendments adopted in the 1996 EAR. The Future Land Use Map category for this property was indicated as Educational (Four_ Story) the same category assigned to the Ludlum Elementary School immediately abutting the single family home. PROPOSED AMENDMENT REVIEW The subject proposed amendment for 7435 SW 66 Avenue will be to remove the current Educational (Four - Story) land use category and replace it with the Single - Family Residential (Two - Story) category, The current land use category and the current zoning use district on the property makes the single - family home a non - conforming use. The existing structure can not be enlarged in any way and if destroyed the home could not be rebuilt. O.IT ATT AT VQTQ tilllL` hl\a`�u Parcels i.vav Comprehensive Plan Land Development Code Actual Use Existing Land Use Existing Zoning District Cate o North Educational (Four Story) PI, Public /Institutional Public school East Single Family Residential RS -3 Canal and Single family homes South Single Family Residential RS -3 Single family homes West Single Family Residential RS -2 (Semi- Estate Residential) Single family homes Future Land Use Map Amendment 7435 SW 66 Ave. July 13, 2010 Page 3 of 4 1. Compatibility of Use: The property is surrounded on three sides by single - family zoning districts. The use of that property for school or educational purposes would not be a compatible land use. 2. Compatibility of Density/Height: The property size is 0.34 acres. The existing land use map category would allow for school building up to four stories in height. The existing zoning district, PI, would allow for any number of institutional type uses including schools. The maximum height in the PI zone district in that location would be two stories. The uses allowed by the current land use and zoning district would not be compatible with the surrounding single family neighborhood. 3. Impact on Public Facilities: An important element of a future land use map amendment is to assess the impact of the change on the public infrastructure serving the site. For purposes of this report, presented below is a summary of the projected impact of the proposed land use map category on public facility capacity. a) Park/Recreation Facilities Continuation of existing single family home No impact b) Schools Continuation of existing single family home No impact c) Solid Waste Continuation of existing single family home No impact d) Wastewater (Sewer) Continuation of existing single family home No impact e) Potable Water Continuation of existing single family home No impact f) Traffic /Streets Continuation of existing single family home No impact 4. Compatible with Comprehensive Plan. A proposed Future Land Use Map Amendment should be compatible with and advance the goals and policies contained in the City's Comprehensive Plan. The proposed amendment is consistent with and supports the following goals and policies: Future Land Use Map Amendment 7435 SW 66 Ave. July 13, 2010 Page 4 of 4 LAND USE ELEMENT Goal 1 To maintain and improve the City's neighborhoods, and the quality of life of existing and future residents. Objective 1.1 The City shall implement its Future Land Use Plan Map through its land development regulations. Uses that are inconsistent with community character as set forth on the Future Land Use Map shall be eliminated....... Policy 1.1.2 In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. FUTURE REZONING The approval of the proposed Future Land Use Map amendment is a pre - requisite for a future zoning district change, which will implement the Future Land Use Category. The current zoning district of "PI" Public / Institutional will need to be changed to the "RS -3" Single Family Residential Zoning District. STAFF OBSERVATIONS 1. The proposed amendment is consistent with the goals and policies of the City's Comprehensive Plan. 2. The amendment is needed in order to accurately reflect the actual use on the site and to protect the surrounding residential community from inappropriate land uses. 3. The proposed land use map category change will have no impact on public facilities including traffic, waste collection, water and sewers. RECOMMENDATION It is recommended that the proposed Comprehensive Plan Future Land Use Map (FLUM) amendment from the "Educational (Four- Story)" Land Use Map category to the "Single Family Residential" category for 7435 SW 66 Avenue be approved. Attachments: Location map Copies of Public Notices TJV/ /SAY X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \7- 13- 10\PB -10 -015 COMP PLAN Amend. Dison Park.doc CITE' OF SOUTH MIAMI LOCAL PLANNING AGENCY Regular Meeting Meeting Minutes Tuesday, July 13, 2010 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:46 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr. Whitman, Mr. Farfan; Mr. Cruz and Mrs. Beckman. Board members absent: None City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera - Hernandez (Principal Planner) and Alerik Barrios (Secretary). Deputy City Attorney: Mr. Mark Goldstein III. Planning Board Applications/Public Hearings PB -10 -016 Applicant: City of South Miami Location: 7435 SW 66 Avenue An Ordinance of the Mayor and City Commission of the City of South Miami Floridan amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use category from Educational (Four - Story) to Single - Family Residential (Two - Story) for the property identified as the Rothan residence located at 7435 SW 66 Avenue (Folio No. 09- 4036 - 050- 0020); providing for severability; providing for ordinances in conflict; and providing an effective date, Planning Board Meeting June 15, 2010 2 Action: Mrs. Yates read the item into the record. Mr. Youkilis informed the Board that the item before them is a technical amendment to the Future Land Use Map. The item is different from the others previously presented. It was brought to staff's attention by the property owner and a member of the City Commission. Mr. Youkilis commented that the Future Land Use Category on the Ludlam Elementary School north of the Rothan's home is the category called Educational (Four -Story) The home at 7435 SW 66 Avenue is also shown on Educational. The Department has no records as to why or how this property has the Educational land use category. The original 1989 Future Land Use Map indicated that the subject property was Public- Semi - Public (Four -Story) which was later changed to wording Educational. In 1997, when the Future Land Use Map was re- issued it was still considered Educational (Four -Story) Staff recommended changing the Education (Four -Story) Future Land Use category to the Single- Family Residential (two -story) category. There is no additional impact on infrastructure since the property is already developed. He commented that there are Comprehensive plans goals and objectives that state that the City shall implement its Future Land Use Plan Map through its land development regulations. Uses that are inconsistent with community character as set forth on the Future Land Use Map shall be eliminated. This means that the City needs to change the Future Land Use Map. In reviewing proposed amendments to this plan and the Zoning Map, compatibility with adjacent uses shall be the major determinant. The Future Land Use Map category is inconsistent and the amendment should be changed to reflect the actual use of the property. Staff recommended approval of the proposed technical amendment to Single - Family Residential category. The Chair opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE PROJECT Bob Welsh 7437 SW 64 Court Oppose Mr. Welsh commented that with time the school through emanate domain will go after the property in order to expand the school. He commented that Rothan's were never advised that the property's Future Land Use category had been changed. Mr. Morton questioned if Mr. Welsh was a lobbyist. Mr. Welsh responded that he is not a lobbyist, but a concerned neighbor. Mr. Cruz questioned if Mr. Welsh was supporting or opposing the project. Mr. Welsh replied that he is against the proposed change. NAME ADDRESS SUPPORT /OPPOSE PROJECT Piper Rothan 7435 SW 66 Avenue Oppose Mrs. Rothan commented that she, as property owner, would like it to remain Educational (Four - Story). She informed the Board that she previously the School Board informed her that through emanate domain they would take the property. Mrs. Rothan commented that it is strange how the records have gone missing on why the property use was changed. Mrs. Rothan commented that Planning Board Meeting June 15, 2010 3 she is for keeping the Educational category and commented that with time the Dade- County school system will try to expand the school and will take her property. NAME ADDRESS SUPPORT /OPPOSE PROJECT Matthew Rothan 7435 SW 66 Avenue Oppose Mr. Rothan commented that Ludlam Elementary School has reached its maximum capacity and is concerned that the neighborhood will demand for the school to expand. Mr. Youkilis commented that the School Board is not subject to local regulations and could build on the property regardless of the City's Land Use or Zoning districts. Mrs. Rothan questioned if the property is non - conforming. Mr. Youkilis responded yes. Mr. Cruz questioned if the applicant's home would burn to the ground, could the applicant build something that's not conforming. Mr. Youkilis responded no. He commented that they would not be able to build on the property unless they changed the use. Mr. Cruz questioned how the Rothan's are being billed for property tax purposes. Mrs. Rothan responded that the billing is being based on single - family. Mr. Cruz commented that there has been a mistake. If the mistake were to be corrected Mrs. Rothan would owe money back since when she purchased the house. This would also include the Rothan's losing the Homestead exemption. Mrs. Rothan requested the Board to defer the application to allow her to research additional information. Mr. Cruz questioned if the property was zoned Single- family residential when it was purchased. Mrs. Rothan replied yes. Mr. Whitman commented that he does not support a motion to defer. He commented that the Board has to base their decisions on rational not hypothetical decisions. The city has a policy that limits development next to single family to two stories and it is entirely not appropriate to have a four -story building in a residential area. The Chair closed the public hearing. Mrs. Beckman moved to defer the application. Mr. Morton seconded. Vote: 2 Ayes 5 Nays (Mr. Cruz, Mrs. Young, Mrs. Yates, Mr. Farfan and Mr. Whitman) Motion: Mr. Whitman moved and Mrs. Young seconded to approve the amendment as presented. Vote: 5 Ayes 2 Nays (Mr. Beckman and Mr. Morton) TJV /SAY XAComm It ems\ 2010\ 7- 27- 10 \LPA.Minutes.7.13.2010 Excerpt Aothm.doc ar v �m R 5� S 2 EO j9yB � 0948 � � f Z Bg g gz E sits �. ton N 'saes to'Sa N N€ l..� �amr, Sv a t`i�� at.F oauems'. �� Ex, xa9� LL LL yW cgs �N� n _y 8 .ga FO gE 8 a § s k g£ OF E >" aae O �8° fn g� koawa9amrne � oa wv- s N WOO €tiy 2 u 25� �. 5 LL mu N Z uj o o ti' av4m W nSa T'SEa, w ao �E'm °x nm m1OEm �cA9 `E z: `8 •`oE S.a qS ¢w n'y a�N �``��= v.Y - d Ng 3 a�F xS gn u�¢ t+5 ��3r�Tycisam _ `- d E J- .. 9BzjeNa sa -3sq sgo E o >q SE o� i q..Q €o S �? 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