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20CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South Miami A9 *nP icaCfly 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director Planning and Zoning Departme Date: October 19, 2010 ITEM No. 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(G) of the Land Development Code to allow a front setback of 23.55 feet where a minimum of 25 feet is required on property located at 5743 SW 76 Terrace, South Miami, Florida, within the "RS -31', Low Density Residential Zoning Use district; the purpose of the variance is to correct an error made when the home was constructed in 1987; 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 an existing one story single family home to have a front setback of 23.55 feet where a minimum required front setback is 25 feet in the RS -3 Single Family Residential Zoning District. The intent of the variance request is to correct an encroachment error made at the time of the 1987 construction so that the owners may sell the property. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20- 3.5(E), Dimensional Requirements Single- Family Districts • Land Development Code Section 20 -5.9 (G) Permitted Variance requests • Land Development Code Section 20- 5.9(H) Variance Approvals • Land Development Code Section 20- 6.1(B)(3)(h), Planning Board, Powers and Duties BACKGROUND & ANALYSIS: The subject property is located on a cul -de -sac and is an irregularly shaped property. It has a net area of 10,463 sq. ft. The applicant has set forth in a letter of Intent/Hardship, dated September 7, 5743 SW 76 Terr. Variance - Setback 2 2010 that the front setback was not measured correctly by the surveyor or the contractor made an error during construction. The owner discovered the error during the due diligence process prior to the sale of the property. The buyer's mortgage company has refused to close on the purchase as long as the setback violation remains. STAFF ANALYSIS: In reviewing a variance request the Land Development Code requires that the criteria set forth in Section 20- 5.9(H) should be applied. Section 20 -5.9 Variance approvals (H) All variance decisions 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 o a speck property; The variance relates only to this one property and is a condition which could result in the property owner being unable to use or sell the 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 The error in measurement by a surveyor or contractor can result when a property is an irregular shape or located on a curvilinear cul -de -sac, which distinguishes this property from other properties 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The applicant was not responsible for the setback error which was the fault of the original survey. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land building or structure: The requested variance is very small (1.45 feet); it is the absolute minimum to meet the required front setback. 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 incurious to the neighborhood or otherwise detrimental to the public wel are. The requested variance will have no impact upon surrounding properties or the neighborhood. PLANNING BOARD ACTION The Planning Board after public hearing on September 23, 2010, adopted a motion by a vote of 5 ayes and 0 nays recommending approval of the variance request. 5743 SW 76 Terr. Variance — Setback RECOMMENDATION: The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth in Section 20 -5.9. It is recommended that the variance request be approved. Attachments: Draft resolution Application Letter of Intent and Justification Letter Location Map Current property survey Property Survey (1987) Land Development Code (LDC) Applicable Regulations Planning Dept. Staff Report 9 -23 -10 Planning Board Minutes Excerpt 9 -23 -10 Copy of Public Notices TJV /SAY X: \Comm Items\2010 \10 -19 -10 \Variance 5743 SW 76 Terr -Front setback, CM Report.doc 1 2 RESOLUTION NO. 4 A Resolution of the Mayor & City Commission of the City of South Miami, Florida, 5 relating to a request for a variance from Section 20- 3.5(G) of the Land Development 6 Code to allow a front setback of 23.5 feet where a minimum of 25 feet is required on 7 property located at 5743 SW 76 Terrace, South Miami, Florida, within the "RS -3 ", 8 Low Density Residential zoning use district; the purpose of the variance is to correct 9 an error made when the home was constructed in 1987; providing for an effective 10 date. 11 12 WHEREAS, Application No. PB -10 -028 was submitted to the Planning Board by 13 applicant, Illiana Villa - Roehr, said application requesting approval of a variance from 14 Section 20- 3.5(G) to allow a front setback of 23.5 feet where a minimum of 25 feet is 15 required on property located at 5743 SW 76 Terrace, South Miami, Florida, within the 16 "RS -3 ", Low Density Residential Zoning Use District; the purpose of the variance is to 17 correct an error made when the home was constructed in 1987 ; and 18 19 WHEREAS, the subject property is located on a cul -de -sac and is an irregularly 20 shaped property; and 21 22 WHEREAS, the applicant has set forth in a letter of Intent/Hardship, dated 23 September 7, 2010 that the front setback was not measured correctly by the surveyor or the 24 contractor made an error during the 1987 construction of the home; and 25 26 WHEREAS, the applicant is in the process of selling the property and the purchase 27 can not be completed as long as the setback violation remains; and 28 29 WHEREAS, the approval of a variance requires a recommendation from the 30 Planning Board and the approval of the City Commission after a public hearing; and 31 32 WHEREAS, at its September 23, 2010 meeting the Planning Board, after public 33 hearing, voted 5 ayes 0 nays to recommend approval of the variance requested; and 34 35 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 36 accept the recommendation of the Planning Board. 37 38 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 39 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 40 41 Section 1. That the subject application submitted by applicant Illiana Villa - Roehr, said 42 application requesting approval of a variance from Section 20- 3.5(G) to allow a front setback 43 of 23.5 feet where a minimum of 25 feet is required on property located at 5743 SW 76 44 Terrace, South Miami, Florida, within the "RS -3 ", Low Density Residential Zoning Use 45 District is hereby approved. 46 47 48 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 43 44 45 46 47 2 Section 2. 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 3. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of 2010 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY X:\Commltems\2010\10-19-10\Variance 5743 SW 76 Tea Resol.doc u_ • Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 668 -7356 Application For Public Bearing Before Planning Board & City Commission ress of Subject Property: 6--7V 3 S'L✓ 76 !is & Bounds: licant: Z4/4NH� VLLVw,t-R,*mayr? resentative: ress: :)ertyOwner: Vldsq -rho° ' D J, u : "W11 -e Jo S&eA,1 R z 45*p-,-� ling Address: 137 36 Ste/ dhiq C;4Ce ME Phone: 5496 /3!2 44„r,Phone: !75G- -5',C6 7 2149 - -514 Phone: Owner's Representative Contract to PLEASE CHECK THE APPROPRIATE ITEM: Wariance Text Amendment to LDC _ Map Amendment _Special Use _Zoning PUD Approval _Special Exception _ PUD Major Change _,Other (Waiver of Plat) Briefly explain application and cite specific Code sections: VwRioea/Cc 9�c49PVGW °. /yivir7uH r:iie�. .CO/L- 710 Section:_ Subsection:_ Page #:_ Amended Date: to purchase —Tenant/Lessee >LE E CHECK ALL THAT APPLY: _ Letter of intent Justifications for change �tatement of hardship roof of ownership or letter from owner _ Power of attorney Contract to purchase ;;,current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") V"15 copies of, Site Plan, and Floor Plans I� ereduced copy @-19 "' x 17" ✓Affidavit- Receipts attesting to mail notices sent ✓Mailing labels (3 sets) and map ✓Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and corrept to ?he bet pplicant's lmowledge and bexh1-i�4i ✓`$�. i ��y ve ly' ed _ 7— 2o-'C> �C+f.E2 � I.,dJd7�JbK �Sr�li^J�oc�/�'i ®c,d�vE+i Date Applicant's Signature and title Print Name Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE Use UrvLr: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted September 7'h, 2010 City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Property at 5743 SW 76 Te, Miami, FL 33143, Folio # 09- 4036 - 077 -0030 LEGAL DESCRIPTION: Lot 3, in Block 1 of SARA PARK, according to the Plat thereof, as recorded in Plat Book 131, at Page 20 of the Public Records of Dade County, Florida The above property was acquired by owners in 1987 through a direct purchase from the developer of SARA PARK. Prior to closing on the property a survey was performed on June 24, 1987 by JAMES BEADMAN & ASSOC, INC, a consulting surveyor hired we assume by the title company doing the closing. During this survey no encroachments, easement violations or violations of any other nature were detected by surveyor (See copy of survey attached). This property has never been surveyed again since then. We have decided to sell the property and at the present time we have an executed purchase and sale contract. A recent survey ordered by the buyer (Aug 13, 2010) has found an encroachment from the south -east corner of the garage into the 25' building set back line of 1.45'; i.e. the set back at that point is 23.55' instead of the 25' minimum. Evidently, this violation of the 25' front building setback has existed since the property was built by the developer and has gone undetected for the last 23 years. Both the buyer and the buyer's mortgage lender have indicated that they will not close on the purchase transaction so long as there is a violation of the front set back requirement. This situation has created an undue burden on the property and us as owners in that: a) The original survey from 1987 did not accurately portray the set back violation by developer. b) The City's building department at the time, approved the construction and granted the CO to the developer. c) We proceeded with the purchase trusting all permits had been cleared with the City and unaware there was a serious violation from the beginning. This situation has created a undue hardship, 1) making the property the target for any third party law suit to enforce the minimum set back and 2) making the property virtually unsalable as no mortgage lender will accept the property as collateral for a mortgage loan so long as the front set back violation exists, thus depriving owners of a right enjoyed by all other owners of adjacent lots. The property is located at the back of a dead end cul de sac, and the granting of the front set back variance will not in any manner effect traffic in the area. We are innocent victims of this situation. We did not create same nor did we have any knowledge of same, nor had any reasonable basis for having knowledge of same until now. We are hereby respectfully requesting that the City of South Miami's Planning Board and City Commission grant this property a specific variance to the minimum platted front set back of 25', based on the fact that this variance is necessary to relieve a particular extraordinary condition which is not a result from actions by the owners. This request is the minimum variance necessary to make possible the future reasonable use of the property and will not be detrimental to the neighborhood or to the public interest. We greatly appreciate your approval to this request for variance that would relieve us from the current great hardship. Yours respectfully, j�z� (LIANA VILLA -ROEHR Owner c LUDWIK JOSEPH ROEHR Owner City of South Miami PB -10 -028 Variance Front Setback 5743 SW 76 Terrace Feet 0 100 200 300 600 900 1,200 K°g 5800 0 s� _,y'2 5750 1112p 7230 5885 5859 5829 ~ ���� y9p6 5795 5F 5940 7331 5624 ° 7320 5950 7311 U 0� Z 7321 7310 7320 a 5850 � i 'S N 'rp ?p � $991 5791 6022 $950 7410- 7601 7600 620 7637 7630 7621 7620 7710 7631 7628 7430 7440 7634 7650 0 U _ n 7641 7707 801 500 g+ (7441 7800 K7731 7801 7800 7901 7900 7740 7901 40 910 8pp0 E991 5 7931 7930 7921 821 7820 7601 7601 7600 620 7637 7630 7621 7620 7710 7631 7628 820 ¢ 0 N 7634 7650 0 U _ n 7641 7707 801 7810 g+ n2o 7800 K7731 7801 7800 7901 7900 7740 7901 7601 7600 7621 620 7637 7630 800 7640 7710 710 7821 4 N M ,� 7 NY�1 5950 0 SUNSET R SW 72ND ST 0 6® 5700 e 5738 g @ @00 7230 7230 g 301 SW 73RD ST P @6 C � 7300 C 7325 301 E C 7390 0 375 P - 400 7400 5875 n 5601 SW 74TH TER 7420 5797 5880 BROWN N 7610 5838 7515 800 7500 7541 7640 7821 820 3 7532 7563 7548 7611 7621 BROWN 5862 5864 7610 7620 7630 800 7631 7640 7821 820 7831 830 n20 7741 n4o � e — � 6 Z 5730 7450 m w 7505 7500 7500 B 7521 7510 7520 7533 0 7530 7550 8 7549 SUBJECT PROPERTY 5723 S 76TH TER $ 7600 5600 5765 5751 ^� 6 PH € e BROWN 7800 T 7801 800 7821 820 7831 830 801 7810 g+ 5960 7800 7801 7800 7901 7900 3 7901 910 8pp0 7931 7930 7921 821 7820 [e 7827 7820 5785 SS91 5961 5949 7910 V 7861 7830 7901 7830 S SW 79TH ST ,GO„ 7910 N 7911 7977 900 900 Via°' w 5940 7931 7930 7931 5907 ]980 S9gg 5957 59P9 5885 5871 5841 e — � 6 Z 5730 7450 m w 7505 7500 7500 B 7521 7510 7520 7533 0 7530 7550 8 7549 SUBJECT PROPERTY 5723 S 76TH TER $ 7600 5600 5765 5751 ^� 6 PH € e 7800 7801 800 7821 820 7831 830 5520 7901 7900 7901 910 8pp0 7931 7930 7921 [e 5785 5775 5741 7910 Central Angle W A =Arc q m I A/C =Air Conditioner ASPH - Asphalt r, -1 8130 -Barbecue o F C = Calculated ED .4 -1 CB =Catch Basin 0 r) CBS = Concrete Block Structure 0 N8' CH =Chord r) Z r- r) Chatta. - Chattahoochee NO = Center Line ACCESS /4'CLF CLF - Chain Link Fence i A 0 '50, CT— cf. =Clear Conic. = Concrete r D = Deed 0 = Diameter f-j", DH = Drill Hole ... ....... 1 Li DIVE - Drainage & Maintenance Eatmtt i i J-'- ill i-1- J L Easm't - Easement Eric. - Encroachment L F.H. =Fire Hydrant 0 POOy/ FIP = Found 1/2' Iron Pipe A/ C FIR =Found 1/2' Iron Rebar 3Z 7( FPL = Florida Power & Light LLL = Identification L :; i L ... ... 7.60' -r-j I.P. = Iron Pipe 2.10* U3 = Licensed Business .... .. LIME =Lake Maintenance Easement POOL EOUIPMENT w L. P. -Light Pole L L.E --i'j M = Measured MAINT = Maintenance PORCH :A ME = Maintenance Easement = Monument Line Mon. = Monument Page 20, of the N/A = Not Applicable N/D = Nail & Disc N' - Number NTS =Not to Scale One Sto; Old Republic O/S = offset Z Residen , O�U.L- = Overhead Utility Lines 0 as their interests P = Plat 0 No. 574- PB =Plat Book PC - Point Of Curvature � u 7.30• PCP = Permanent Control Point o 143 PG - Page UPI 0 r) EU 14.95' q 0 C Q P.I. - Point of Intersection PK\Xfy - Parkway t - = Property Line PL = Planter i Terrace). PIS - Professional Land Surveyor r- a 10 foot wide LE ULL P.O.S. = Point of Beginning P,O C = Point of Commencement P P. = Power Pole -)ortion of a 5 foot PRC = Point of Reverse Curvature 21.70' PRM = Point of Reference Monument 0.55'0 E PT - Point of Tangency 1-4 setback. R = Radius Res. = Residence of fences not determined. R.L.S. Registered Land Surveyor RNG =Range RIR - Railroad RSM - Registered Surveyor & Mapper R/W =Right-of -Way Sdwk = Sidewalk GZ Sec. = Section FISTRACT NOT REVIEWED. T - Tangent OT REVIEWED. TWP -Township W.M.� any unnamed party. U�E. = Utility Easement (No I.D.) UTIL Utility Frio. lb"Rebar "rjtten consent of the Surveyor. ( =Wood Fence No LD.) W.M. =Water Meter 1.70 WME = Wall Maintenance Easement MOJARENA & ASSOCIATES, INC. Land Surveyors & Mappers Certificate of Authorization No. 6698 12925 S.W. 132nd Avenue Miami, Florida 33186 (305) 278-2494 LOOD ZONE: X BASE: N/A ATE: SCALE: DWN. BY I JOB NO. (PUBLICLY DEDICATED) ', )8 1 I"=20' NMJR 10-0180 V W Y N Z F Q V J- W Z) N W 0 V W Y N d a u F x r v° r 3 N z i w � � J r LL C r O � 4 O F LL C W' OZ dJ s ze O IL O j O � N V O FGyi W LL t m S J ! N O W a O W W m w0 m0� ZEN Ndo W�':n> a K P j mzp' 33c N N 2 a r O i Z a aw r LL. u w z z a n d F' `" Q 4 y 0 r Z m w ¢ yr Z 6 w 0� LL W" x J N a UJ N N F' Q Po 'w. b �- -cc a r ¢ a w ¢ v, w w d> V LL a p° v CO z; b G 3 6 a: V f N w r w z m a x n _ t C n O > - N m K, V V.1 N `p c W Y O W W O E W .E U N ZO u b Q W LLJ O W N 3 nmS O J U O 6 O O ti O" n 0 a 'w an d LLJ Q O z Q J i 'a Q H I PI 2K J r 0 w O d uivLL Z K W¢? W 4 In x x x x x x x x to _ s v d a u F x r v° r 3 N z i w � � J r LL C r O � 4 O F LL C W' OZ dJ d a u F x r v° r 3 N 5743 SW 76 Terr. Variance — Setback ATTACHMENTS LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20- 3.5(E) DIMENSIONAL REQUIREMENTS Single - Family Districts REQUIREMENT RS -3 Setback Front (ft) 25' • Land Development Code Section 20 -5.9 (G) Variance Approvals (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 5743 SW 76 Terr. Variance — Setback • 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, 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. To: Honorable Chair & Date: September 23, 2010 Planning Board Members From: Thomas J. Vageline, Director Re: Variance Request Planning and Zoning Departmen 5743 SW 76 Terrace PB -10 -028 Applicant: Iliana Villa -Roehr Location: 5743 SW 76 Terrace 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(G) of the Land Development Code to allow a front setback of 23.55 feet where a minimum of 25 feet is required on property located at 5743 SW 76 Terrace, South Miami, Florida, within the "RS -3 ", Low Density Residential Zoning Use district; the purpose of the variance is to correct an error made when the home was constructed in 1987; 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 an existing one story single family home to have a front setback of 23.55 feet where a minimum required front setback is 25 feet in the RS -3 Single Family Residential Zoning District. The intent of the variance request is to correct an encroachment error made at the time of the 1987 construction so that the owners may sell the property. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20- 3.5(E), Dimensional Requirements Single - Family Districts • Land Development Code Section 20 -5.9 (G) Permitted Variance requests • Land Development Code Section 20- 5.9(H) Variance Approvals • Land Development Code Section 20- 6.1(B)(3)(h), Planning Board, Powers and Duties BACKGROUND & ANALYSIS: The subject property is located on a cul -de -sac and is an irregularly shaped property. It has a net area of 10,463 sq. ft. The applicant has set forth in a letter of Intent/Hardship, dated September 7, 2010 that the front setback was not measured correctly by the surveyor or the contractor made an error during construction. The owner discovered the error during the due diligence process prior 5743 SW 76 Terr. Variance - Setback Sep 23, 2010 to the sale of the property. The buyer's mortgage company has refused to close on the purchase as long as the setback violation remains. STAFF ANALYSIS: In reviewing a variance request the Land Development Code requires that the criteria set forth in Section 20- 5.9(H) should be applied. Section 20 -5.9 Variance approvals (H) All variance decisions shall be based on an affirmative finding as to each of the following criterion: 1 The variance is necessary to relieve articular extraordinary conditions relating to a specific property; The variance relates only to this one property and is a condition which could result in the property owner being unable to use or sell the property. 2. Denial of variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance when applied to a particular property becomes arbitrarconfiscatory or unduly oppressive because of conditions of the property that distin ivu sh it from other properties under similar zoning restrictions; The error in measurement by a surveyor or contractor can result when a property is an irregular shape or located on a curvilinear cul -de -sac, which distinguishes this property from other properties 3 The extraordinary conditions and circumstances do not result from the actions of the applicant; The applicant was not responsible for the setback error which was the fault of the original survey. 4. The requested variance is the minimum variance necessM to make possible the reasonable use of the land building or structure The requested variance is very small (1.45 feet); it is the absolute minimum to meet the required front setback. 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 iniurious to the neighborhood or otherwise detrimental to the public wel are. The requested variance will have no impact upon surrounding properties or the neighborhood. RECOMMENDATION: The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth in Section 20 -5.9. It is recommended that the variance request be approved. 5743 SW 76 Terr. Variance — Setback Sep 23, 2010 Attachments: Application Letter oflntent and Justification Letter Location Map Current property survey Property Survey (1987) Land Development Code (LDC) Applicable Regulations Copy of Public Notices TN /SAY X;\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports\9 -23 -I OTB -10 -028 5743 SW 76 Tea -Front setback.doc CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Meeting Minutes Tuesday, September 23, 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 7:37 P.M. The Pledge of Allegiance was recited in unison. H. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mrs. Young, Mr. Whitman, Mr. Cruz and Mrs. Beckman. Board members absent: Mr. Farfan and Mr. Morton. City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera - Hernandez (Principal Planner). City Attorney: Mr. Mark Goldstein III. Planning Board Applications/Public Hearings PB -10 -028 Applicant: Iliana Villa -Roehr Location: 5743 SW 76 Terrace 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(G) of the Land Development Code to allow a front setback of 23.55 feet where a minimum of 25 feet is required on property located at 5743 SW 76 Terrace, South Miami, Florida, within the "RS -3 ", Low Density Residential Zoning Use district; the purpose of the variance is to correct an error made when the home was constructed in 1987; providing for an effective date. Action: Ms. Beckman read the item into the record. Planning Board Meeting September 23, 2010 Excerpt Page 2 of 2 Mr. Goldstein informed the Chairman that the application is a quasi-judicial hearing. Mrs. Yates swore in all the citizens who would like to speak on the item. Mr. Youkilis informed the Board that the home on SW 76 Terrace was built in 1987. During that time something happened and staff did not catch that the front set back is 25 feet. As of the moment, from the edge of the garage to the edge of the property is 23.5. The owner is currently trying to sell the property and the bank will not closer the deal since there is one and a half foot difference. The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth in Section 20 -5.9. Staff recommends that the variance request be approved. The Chair opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE PROJECT Iliana Villa -Roehr 5743 SW 76 Terrace Supports Mrs. Villa -Roehr thanked the Board for taking the time to hear the item. She commented that she has been the owner since 1997 and the house was purchased directly from the developer. Recently, the house had to be placed up for sale and through a survey ordered by the title company and unpleasant situation has occurred. The problem is creating a hardship seeming that no mortgage lender will accept the property as collateral. NAME ADDRESS SUPPORT /OPPOSE PROJECT Sharon McCain Supports Ms. McCain commented that she supports the variance. She further commented that during this time there were several other properties that have similar situations. The Chair closed the public hearing. Motion: Mr. Cruz moved to approve the application as presented. Mrs. Young seconded. Vote: 5 Ayes 0 Nays Mrs. Yates questioned when the item will be presented to the City Commission. Mr. Youkilis responded October 19, 2010. Ms. Beckman suggested that the applicant provide staff with the signatures of the neighbors so that it is provided to the City Commission. W:\PB\PB Minutes\2010 Minutes\ 9 -23- 2010\ PB. 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