Res. No. 114-09-12923RESOLUTION NO. 114 -09 -12923
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
THE LOT SIZE OF A BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A
MINIMUM LOT SIZE OF 7,500 SQUARE FEET IS REQUIRED AND 50 FEET OF
FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT
7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO"
RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE
VARIANCE IS TO PERMIT THE CONSTRUCTION OF A ONE STORY OFFICE
BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Application No. PB -09 -006 was submitted to the Planning Board by
the applicant, V & B Property of Miami, Inc., said application requesting approval of the
following variance: variance from Section 20 -3.5 (G) of the Land Development Code to
allow the net area of a building site to be 7,003 square feet, where a minimum of 7,500 feet
is required and 50 feet of frontage where 75 feet is required; all on property within an
"RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue,
South Miami, Florida; and
WHEREAS, the applicant wishes to develop the property with a new one story
office building, and;
WHEREAS, in order to develop the property as proposed, the requested variance
is required 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 March 31, 2009 the Planning Board, after public hearing, voted
5 ayes 0 nays to recommend approval with a condition 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 V & B Property of Miami, Inc.,
requesting approval of a variance from Section 20 -3.5 (G) of the Land Development Code
to allow the net area of a building site to be 7,003 square feet, where a minimum of 7,500
feet is required and 50 feet of frontage where 75 feet is required; all on property within an
"RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue,
South Miami, Florida is hereby approved with the following conditions:
Pg. 2 of
Res. No. 114 -09 -12923
(1) applicant must secure approval from Miami -Dade County for the
placement of one on- street narking space in front of the property at 7641 SW 62
Avenue;
(2) applicant must construct, in accordance with the standards of the South
Miami Public Works Department, one on- street parking space in front of the proposed
building.
Section 2. The approval of the requested variance includes Exhibit A, Landscape and
Ground Floor Plan for the V & B Office Building prepared by Bellon Milanes
Architects /Planners (dated 2- 26 -09) which is attached and incorporated herein.
Section 3. That the approval of the subject variance be based upon an affirmative
finding as to each of the following criteria set forth in LDC Section 20 -5.9 (H):
1. The variance is necessary to relieve particular extraordinary conditions relating
to a specific property;
The requested lot area /frontage variance is necessary to use 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;
A denial of the variance would be an oppressive hardship on the owner by
preventing the property from being used or built upon.
3. The extraordinary conditions and circumstances do not result from the actions
of the applicant;
The property was a non - conforming platted lot prior to its purchase by the
current owner.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure:
The granting of the lot area variance is the smallest possible and the only
one necessary to allow for the reasonable use of the property.
5. That the approval of the variance will be 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.
The approval of the variance will allow a vacant property to be used and
for the City to receive property tax and other revenues. In addition the
proposed use is the type of use contemplated for the RO zoning district and
would be compatible with the abutting and surrounding properties. These
objectives are consistent with the stated objectives of the Land
Development Code. The variance requested will have no impact on
surrounding properties.
Pg. 3 of Res. No. 114 -09 -12923
Section 4. This resolution shall be effective immediately after the adoption thereof.
PASSED AND ADOPTED this 16th, day of June, 2009
/ATTEST: APPROVED:
tTTY CLERK MAYOR
READ AND APPROVED AS TO FORM:
Commission Vote:
4 -1
Mayor Feliu
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Nay
Commissioner Sellars:
Yea
X: \Comm Items \2009 \6 -16 -09 \Variances 7641 SW 62 Revised Resol.doe
South Miami
MI- AmMcaMy
CITY OF SOUTH MIAMI a' I I Jmf
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Thomas J: Vageline, Direct lanning and Zoning Department r�
Date: June 16, 2009 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(G) OF
THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO
BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7,500 SQUARE FEET .IS
REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY
LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO"
RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
PERMIT THE CONSTRUCTION OF A ONE STORY OFFICE BUILDING; AND PROVIDING
FOR AN EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant, V & B Property of Miami, Inc., needs a variance in order to construct a one story office
building on a vacant lot located at 7641 SW 62 Avenue. The applicant is requesting approval of a
variance for lot size (includes frontage).
HISTORY OF VARIANCE REQUEST
It is important to note that the applicant/owner applied for a similar variance in 2006. The proposal at that
time was a different design (contemporary style), two stories, 1,400 square footage, and showed parking
underneath the building. The proposal did require the same variance for lot area and frontage. The
Commission at its February 20, 2007 meeting approved the variance with two conditions by adopting
Resolution No. 19 -07 -12404 (attached). The subject variance approval did lapse because after one year no
building permit was applied for.
BACKGROUND
The subject parcel is a non - conforming property and any new construction must meet the zoning
standards for the "RO" Residential Office Zoning district within which it lies. Development of the
property is prohibited because the lot area of the parcel is 7,003 sq. ft. which is below the minimum
required lot size of 7,500 sq. ft. There is 50 feet of frontage which also is below the minimum required
frontage of 75 feet for the RO zoning district (LDC Section 20- 3.5G). The applicant, in a hardship letter,
claims that the substandard size of the property prohibits the use of the property.
2
APPLICABLE REGULATIONS (See ATTACHMENTS)
Land Development Code Section 20- 3.5(G) Dimensional Requirements
• Land Development Code Section 20 -5.9 Variance Approvals
STAFF OBSERVATIONS
(a) The applicant is proposing to build a one story dental office building with 1,200 square feet of office
space. The required six off - street parking spaces are located as follows: five on -site spaces in a parking
area in front of the building; one on- street space located abutting the site. The proposed F.A.R. will be
0.17 (0.30 is permitted).
(b) The subject site is surrounded by the following properties and zoning districts: office buildings to the
north and south (RO zoning district); a residence to the east (RS -3 zoning district); and a commercial
shopping center across SW 62 Avenue to the west (GR zoning district).
(c) In June 2008 the City Commission amended the Land Development Code (LDC) to add specific
criteria for judging variance requests. LDC Section 20 -5.9 (H) now requires that 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 a specific
property;
The requested lot area I frontage variance is necessary to use 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;
A denial of the variance would be an oppressive hardship on the owner by preventing the
property from being used or built upon.
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
The property was a non - conforming platted lot prior to its purchase by the current owner.
4. The requested variance is the minimum variance necessary to make possible the reasonable
use of the land, building or structure;
The granting of the lot area variance is the smallest possible and the only one necessary to
allow for the reasonable use of the property.
5. That the approval of the variance will be 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.
The approval of the variance will allow a vacant property to be used and for the City to
receive property tax and other revenues. In addition the proposed use is the type of use
contemplated for the RO zoning district and would be compatible with the abutting and
surrounding properties. These objectives are consistent with the stated objectives of the
Land Development Code. The variance requested will have no impact on surrounding
properties.
PLANNING BOARD ACTION
The Planning Board at its March 31, 2009 meeting conducted a public hearing on the proposed variance
and adopted a motion by a vote of 5 ayes 0 nays recommending approval.
RECOMMENDATION
It is recommended that the City Commission approve of the lot size / frontage variance with the following
condition: that the applicant must construct, in accordance with the standards of the South Miami Public
Works Department, one on- street parking space in front of the proposed building.
Attachments:
Draft Resolution
Application
Location Map
Letter of Intent
Letter of Hardship
LDC Section 20- 3.5(G)
LDC Section 20 -5.9
Planning Staff Report 3131109
Planning Board Minutes Excerpt 3137109
Resolution No. 19-07-12404
Copy of Public Notices
Survey
Site Plan
TJV /SAY
XAComm Items\2009 \6 -16 -09 \Variances 7641 SW 62 Ave CM Report.doc
-�°- City of South Miami
AMOM Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33I43
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
Application For Public Hearing, Before Planning Board & City Commission
Addr_.esss of Subject Property: Lots) Block Subdivision L /�
L PB Z2
Me tBods: G� v 3
Applicant
Representative: Organization:� � /j -/
Phone:
A dFre s:,
' Rt 9S s• N, l.3 �frr 'I G• 3 Signature'
P /ro�pe�/rty owner:
l /,/U1f/�i ���1%/7 �j Phone:.
�n dress: 4- ST. %i L, � %7�g � 2
Architect/Engipeer: Phone: --
,S TH E Al
_Owner
s_PPLICATION IS HEREBY mavc rvn
'LEASE CHECKTHE APPROPRIATE ITEM:
_ Text Amendment to LDC
—Zoning Map Amendment
_PUD Approval
_ PUD Major Change
YOUR RELATIUN,3HW
Contract to purchase
variance
_Special Use
_Special Exception
_Other (Waiver of Plat)
Briefly explain application and cite specific Code sections:
;nor el c 7,rhC�C_ 20= �C�7b- 4LGOti�
5
ction:�W Subsection: Page #:
y 7?40 e!,/T/
Amended Date:
THIS PROJECT:
_Option to purchase _Tenariftessee
'LEASE CHECK ALL THAT APPLY.
Letter of intent
Justifications for change -
JStatement of hardship
lf roof of ownership or letter from owner
V Power of attorney.:
—Contract to purchase
✓Current survey (1 original sealed and
signed /l reduced copy @ 11" x IT)
%15 copies of Site Plan and Floor Plans -
1 reduced copy @ 11" x 17"
J20% Property owner signatures or
Affidavit attesting to mail notice sent
Mailing labels (3 sets) and map
(Required Fee(s)
The undersi ed has read this completed application and represents that the information and all submitted materials are true and
correct to theest of the applicant's knowledge and belief.
and title
Upon rer ipt, a lications and
applica e regu ations. Applic'
OFFICE USE ONLY:
Date Filed
Petition Required
Method of Payment
�7 U/
Date
submitted materials will be reviewed for compliance with the Land Development Code and other
S found not in compliance will be rejected and returned to the applicant.
Date of PB Hearing Date of Commission
Petition Accepted
T113 i
City of South Miami
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GIS Data by Miami-Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 3/1712009.
12485 S.W. 137 Avenue • Suite 103 • Miami, FL 33186
(305) 278-7776 0 0350505) 278 -7473
March 23, 2009
LETTER OF INTENT
City of South Miami
Planning & Zoning Dept.
City Hall, 6130 Sunset Dr
South Miami, FL 33143
Re: Variance Request
Proposed Dental Office Building .
7641 SW 62 Ave
South Miami, FL
Dear Planning Board and City Commission,
It is the intent of the owners of this property (7641 SW 62 Ave; Lot 6 Blk 3; Larkin
Pines Subdivision) to, built a one story, 1,200 S.F. professional dental .office building in
Florida Vernacular style. This property was zoned RO (Residential Office) long ago as
part of a master plan.
Our request is to approve a variance from sec. 20 -3.5. to allow the net area of
the site to be 7,003 S.F. where the minimum of 7,500 S.F. is required and 50' frontage,
where the minimum of 75' is required.
These existing conditions, inherent to the site (lot) amount to a defect in the land
and constitute a hardship as per it's definition by the City Commission. The granting of
this variance would not allow any special privileges not enjoyed by the surrounding
properties. Instead, it will allow for this property, with its unique characteristics, to be
used and enjoyed by the owner in a similar fashion as his neighbors on the abutting lots
with the same RO zoning.
We hope you'll find our request reasonable and that in granting it, you will not
adversely affect the existing commercial /residential character of the surrounding
neighborhood.
Sincerely,
Erik Bellon
ARCIUITECTURE > LAND PLANNING ^ INTERIORS e CONSTRUCTION MANAGEMENT
12485 S.W. 137 Avenue • Suite 103 • Miami, FL 33186
(305) 278 -7776 • Fax: (305) 278 -7473
AA 0003505
March 23, 2009
JUSTIFICATION FOR CHANGE
City of South Miami
Planning & Zoning Dept.
City Hall, 6130 Sunset Dr
South Miami, FL 33143
Re: Proposed Dental Office Building
Lot 6Blk3
Larkin Pines Subdivision
7641 SW 62 Ave
South Miami, FL
As required for variance:
Our request is to approve a variance from sec. 20 -3.5. to allow the net area of
the site to be 7,003 S.F. where the minimum of 7,500 S.F. is required and 50' frontage,
where the minimum of 75' is required.
The existing conditions, inherent to the site (lot) amount to a defect in the land
and constitute a hardship as per it's definition by the City Commission. The granting of
this variance would not allow any special privileges not enjoyed by the surrounding
properties. Instead, it will allow for this property, with its unique characteristics, to be
used and enjoyed by the owner in a similar fashion as his neighbors on the abutting lots
with the same RO zoning.
If you should have any comments or questions, please do not hesitate to contact
us at your earliest convenience.
Sincerely,
Erik Bellon
AROUITECTURE • LAND PLANNING ^ INTERIORS • CONSTRUCTION MANAGEMENT
12485 S.W. 137 Avenue • Suite 103 • Miami, EL 33186
(305) 278 -7776 • Fa: (305) 278 -7473
AA 0003505
March 23, 2009
STATEMENT OF HARDSHIP
City of South Miami
Planning & Zoning Dept.
City Hall, 6130 Sunset Dr
South Miami, FL 33143
Re: Proposed Dental Office Building
Lot 6 Blk 3
Larkin Pines Subdivision
7641 SW 62 Ave
South Miami, FL
As required for variance:
The existing conditions, inherent to the site (lot) amount to a defect in the land
and constitute a hardship as per it's definition by the City Commission. The granting of
this variance would not allow any special privileges not enjoyed by the surrounding
properties. Instead, it will allow for this property, with its unique characteristics, to be
used and enjoyed by the owner in a similar fashion as his neighbors on the abutting lots
with the same RO zoning.
If you should have any comments or questions, please do not hesitate to contact
us at your earliest convenience.
Sincerely,
Erik Bellon
ARQUITECTURE o LAND PLANNING m INTERIORS • CONSTRUCTION MANAGEMENT
ATTACHMENT
LAND DEVELOPMENT CODE APPLICABLE REGULATIONS
• Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables
(I ) The use of land and the erection of buildings and other structures on land
shall be subject to the dimensional requirements of the applicable zoning
district, as reflected on the three tables labeled "Dimensional
Requirements, Single- Family Districts" (Section 20- 3.5E), "Dimensional
Requirements, Multi family Districts" (Section 20 -3.5F) and "Dimensional
Requirements, Nonresidential Districts" (Section 20- 3.5G).
Land Development Code Section 20- 3.5(G) DIMENSIONAL REQUIREMENTS
r QUIREMENT RO
Net Area (sq. ft.) 7500
Frontage (ft.) 75
X: \Comm Items\2009 \6.16- 09 \PB -09 -006 Variances 7641 SW 62 Ave.doc
PROCEDURES AND APPLICATIONS 20 -5.9
(4) Where the use includes a vehicular use area or landscaped buffer, a proposed
landscape plan and information regarding permanent maintenance arrangements;
(5) A neighborhood location map showing all surrounding land uses within five hundred
(500) feet of the proposed site;
(6) All information required for any other type of application which is being processed
simultaneously or for any other type of application; and.
(7) Any other information necessary to demonstrate that the proposed special use will
conform fully with the requirements of this Code.
V/ 20 -5.9 Variance approvals.
(A) Expiration of Variance Approvals. Avariance 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 fo 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 -foot radius of the subject property. The applicant shall obtain and submit the
signatures of at least twenty (20) percent of such property owners, indicating their awareness
of the proposed variance request.
(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
Supp. No. 12 113
20 -5.9 SOUTH MIAMI LAND DEVELOPMENT CODE
(7)
Off - street parking
(8)
Open space
(9)
Signs
(10)
Landscaping
% (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 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 the 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.
(Ord. No. 11 -90 -1451, 8- 21 -90; Ord. NO. I1 -08 -1946, § 1, 3- 18 -08; Ord. No. 20 -08 -1955, § 1,
6 -3 -08)
20 -5.10 Reserved.
Editor's note —Ord. No. 25 -08 -1960, § 1, adopted July 29, 2008, deleted § 20 -5.10 in its
entirety. Former § 20 -5.10 pertained to administrative waiver approvals and derived from Ord.
7
No. 15 -94 -1564, § 1, adopted Oct. 4, 1994; and Ord. No. 4-95 -1577, § 1, adopted Apr. 4, 1995.
20 -5.11 Site plan review approvals.
(A) Applicability. Site plans shall not require a public hearing but shall be submitted for
review and approval by the environmental review and preservation board prior to the issuance
of a permit for:
(1) Any new building or other structure which is visible from any public or private street;
and
(2) Any material alterations to an existing building or other structure which is visible
from any public or private street.
Supp. No. 12 114
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: Match 31, 2009
Planning Board Members -
From: Thomas J. Vageline Re: Variance Request
Director of Planning Q O6 7641 SW 62 °d Avenue
PB -09 -006
Applicant: V.& B Property of Miami, Inc.
Location: 7641 SW 62 Ave.
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAbII, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM. SECTION
20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF'A
BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF
7,500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET
IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI,
FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT;
THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A
ONE STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE.
SUMMARY OF REQUEST
The applicant, V & B Property of Miami, Inc., needs a variance in order to construct a one story
office building on a vacant lot located at 7641 SW 62 Street. The applicant is requesting approval
of a variance for lot size (includes frontage).
HISTORY OF VARIANCE REQUEST
It is important to note that applicant/owner applied for a similar variance in 2006. The proposal at
that time was a different design (contemporary style), two stories, 1,400 square footage, and
showed parking underneath the building. The proposal did require the same variance for lot area
and frontage. The Planning Board at its. September 25, 2006 meeting recommended approval of
the variance with conditions. In October 2006 after a public hearing by the City Commission, a
number of changes in the design were made and the item was again presented to the City
Commission on February 20, 2007. The Commission approved the variance with two conditions
by adopting Resolution No. 19 -07 -12404 (attached), however, a variance approval will lapse after
one year if no building permit has been applied for.
BACKGROUND
The subject parcel is a non - conforming property and any new construction must meet the zoning
standards for the "RO" Residential Office Zoning. district. Development of the property is
prohibited because the lot area of the parcel is 7,003 sq. ft. which is below the minimum required
-lot size of 7,500 sq. ft. There is 50 feet of frontage which also is below the minimum required
frontage of 75 feet for the RO zoning district (LDC Section 20- 3.5G). The applicant in a hardship
letter claims that the substandard size of the property prohibits the use of the property.
Variance -7641 SW 62 Ave..
March 31, 2009
Page 2 of 4
APPLICABLE REGULATIONS (SeeATTACHMB'NTS)
• Land Development Code Section 20- 3.5(G) Dimensional Requirements
• Land Development Code Section 20 -5.9 Variance Approvals
STAFF OBSERVATIONS
(a) The applicant is proposing to build a one. story dental office building with 1,200 square feet of
office space. The required six off - street parking spaces are located as follows: five on -site spaces
in a parking area in front of the building; one on- street space located abutting the site. The F.A.R.
will be 0.17 (0.30 is permitted).
(b) The subject site is surrounded by the following properties and zoning districts: office
buildings to the north and south (RO zoning district); a residence to the east (RS -3 zoning
district); and a commercial shopping center across SW 62 Avenue to the west (GR zoning
district).
(c) In June 2008 the City Commission amended the Land Development Code to add specific
criteria for judging variance requests. LDC Section 20 -5.9 (H) now requires that 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 a
specific property;
The requested lot area /frontage variance is necessary to use 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;
A denial of the variance would be an oppressive hardship on the owner by
preventing the property from being used or built upon.
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
The property was a non - conforming platted lot prior to its purchase by the
current owner.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land building or structure;
The granting of the lot area variance is the smallest possible and the only one
necessary to allow for the reasonable use of the property.
5.
or otherwise detrimental to the public welfare.
The approval of the variance will allow a vacant property to be used and for the
City to receive property tax and other revenues. In addition the proposed use is
the type of use contemplated for the RO zoning district and will be compatible
Variance -7641 SW 62 Ave..
March 31, 2009
Page 3 of 4
City to receive property tax and other revenues. In addition the proposed use is
the type of use contemplated for the RO zoning district and will be compatible
with the abutting and surrounding properties. These objectives are consistent
with the stated objectives of the Land Development Code. The variance requested
will have no impact on surroundingproperties.
RECOMAMNDATION
It is recommended that the Board recommend approval of the lot size / frontage variance with the
following condition: that the applicant must construct, in accordance with the standards of the
South Miami Public Works Department, one on- street parking space in front of the proposed
building.
Attachments:
Application
Location Map
Letter oflntent
Letter of Hardship
LDC Section 20- 3.5(G)
LDC Section 20 -5.9
Resolution No. 19 -07 -12404
Copy of Public Notices
Survey
Site Plan
TJV /SAY
X:\PBIPB Agendas StaffReports\2009 Agendas Staff Reports\3- 31.09\PB -09 -006 Variances 7641 SW 62 Ave.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, March 31, 2009
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:47 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Cruz, Ms. Yates
and Ms. Chael. Absent: Mr. Comendeiro and Mr. Farfan
City staff present: Mr. Thomas J. Vageline (Planning Director), Sanford A. Youkilis
(Planning Consultant), Lourdes Cabrera - Hemandez (Principal Planner), Ms. Maria Stout -
Tate (Administrative Assistant) and Alerik Barrios (Assistant).
IV. Planning Board Applications/Public Hearings
PB -09 -006
Applicant: V & B Property of Miami, Inc.
Location: 7641 SW 62 Ave.
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
THE LOT SIZE OF A BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A
MINIMUM LOT SIZE OF 7,500 SQUARE FEET IS REQUIRED AND 50 FEET OF
FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641
SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "BO" RESIDENTIAL
OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
PERMIT THE CONSTRUCTION OF A ONE STORY OFFICE BUILDING; AND
PROVIDING FOR AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record.
Planning Board Meeting
March 31, 2009
Page 2 of 3
Mr. Youkilis advised that the applicant is requesting a variance for a non - conforming property
that is required to meet the zoning standards for the "RO" Residential Office Zoning district.
In order to construct a one story office building it requires the approval of a lot size (includes
frontage) variance. The applicant/owner applied for a similar variance in 2006 that proposed a
different design that included two stories, 1,400 square footage, and contains parking
underneath the building. The Planning Board at its September 25, 2006 meeting
recommended approval of the variance with conditions. The City Commission at it's February
20, 2007 meeting approved the variance with two conditions by adopting Resolution No. 19-
07- 12404. However, the variance approval did lapse after one year because no building permit
was applied for.
The proposal requires the same variance for lot area, frontage. The required parking spaces
are located as follows: five on -site spaces in a parking area in front of the building; one on-
street space located abutting the site. The F.A.R. will be 0.17 (0.30 is permitted). In June 2008
the City Commission amended the Land Development Code to add LDC Section 20 -5.9 (H)
which sets forth specific criteria for judging variance requests. Staff recommended approval
of the lot size / frontage variance with the following condition: that the applicant must
construct, in accordance with the standards of the South Miami Public Works Department,
one on- street parking space in front of the proposed building.
Mr. Morton questioned if the applicant is going to improve the ten (10) foot parkway in front
of the business and if one parking space is going to be constructed or a whole strip. Mr.
Youkilis replied that one of the proposed conditions by staff is that the applicant must
construct in accordance with the standards of South Miami Public Works Department,`one
parking space on- street.
Ms. Young questioned if there are meters for the street parking. Mr. Youkilis replied that the
code states that the City Manager may direct that a meter be installed. Ms. Yates commented
that there are no parking meters as of this moment.
Mr. Morton commented that there are similar size lots that are landlocked.
Mr. Cruz questioned if the applicant needs approval from surrounding properties.
Mr. Youkilis responded that the applicant does not need a sign off. He further explained that a
notice of public hearing is provided to surrounding properties so that if they have any
questions or concerns they can come to the open hearing. Mr. Youkilis commented that when
an applicant applies for the Use they need to submit signatures of twenty (20) percent of the
property owners in a five hundred (500)foot circle that they are aware that an application has
been filed or they could mail a notice to fifty percent of the property owners stating that they
are applying for an application.
Chairman opened the public hearing.
Planning Board Meeting
March 31, 2009
Page 3 of 3
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Erik Bell6n 870 San Pedro Ave Support
Mr. Bell6n representing the owner, commented that the project is going to be a Florida
vernacular structure that will look like a single family home with a limited number of
employees and will have some elements of LEED Certified green construction and native
vegetation.
Mr. Cruz questioned how the rain water harvesting works. The applicant responded that there
is a cistern and that when the rain water falls on the roof it will flow down into the cistern and
will be pumped and used later for irrigation purposes.
Ms. Chael complimented the applicant on green certified construction.
Ms. Chael questioned if the concrete paving has a pervious surface.
The applicant responded that asphalt will not be used; he is open to suggestions and the cost
has been kept in mind. Ms. Chael recommended pervious concrete since it will not lose
esthetic value or run off water.
Ms. Young questioned the proposed completion date. The applicant replied eight (8) months
to a year.
Chairman closed the public hearing.
Motion: Ms. Young moved to approve the application with Staff s conditions. Mr. Cruz
seconded.
Vote: 5 Ayes 0 Nay
XAComm Items\2009 \4.21- 09\Excerpt Variance Mminutes 03.31.09.doc
RESOLUTION NO. 19707-12404
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION
20- 15(G)'OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7500
SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS
REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH: M[AMC,
FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE
PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO
STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Application No. PB -05 -024 was submitted to the Planning Board by the
applicant, V & B Property of Miami, Inc., said application requesting approval of the following
variance: variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area of
a building site to be 7,003 square feet, where a minimum'of 7,500 feet is required and 50 feet of
frontage where 75 feet is required; all on properly within an "RO" Residential Office Zoning use
district, specifically located at 7641 SW 62 Avenue, South Miami, Florida; and
WHEREAS, the applicant wishes to develop the property with a new two story mixed use
building, and;
WHEREAS, in order to develop the property as proposed the requested-variance is
required 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
I
WHEREAS, on September 25, 2006 the Planning Board, after public hearing, voted 5
ayes 2 nays to recommend approval with conditions of the variance requested; and
WHEREAS, the applicant has submitted revised plans for the development (dated January
22, 2007) thereby adjusting the application to eliminate a second variance request related to
P erimeter landscaping, and limiting the application to a request for a lot size (includes frontage)
variance only; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
the recommendation of the Planning Board.
i
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT: j
Section 1. That the subject application submitted by V & B Property of Miami, Inc., requesting
approval a.variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area
of a building site to be 7,003 square feet, where a minimum of 7,500 feet is required and 50 feet of
frontage where 75 feet is required; all on property within an "RO" Residential Office Zoning use
distric%'specifically located at 7641 SW 62 Avenue, South Miami, Florida is hereby approved with
the following condition: (1) that a three foot high fence and bushes be installed on the north
property line, as shown on the graphics part of the submitted plans; (2) that the applicant must
E'es. No. 19 -07 -12404
(2)
construct, in accordance with the standards of the South Miami Public Works Department, one on-
street parking space in front of the proposed building.
Section 2, The approval of the requested variance includes Exhibit A, Development and
Site Plan for the V & B Office Building prepared by N25 Architecture Co. (dated January 22,
2007) which is attached and incorporated herein.
Section 3. That the approval of the subject variances are based upon the following, findings:
a) The requested lot size /frontage variance is necessary because the property cannot be developed
without a variance which constitutes a hardship;
b) The variance requested would have minimal impact on surrounding properties;
c) The variance requested is a unique situation that would not be applicable to any other properties
in the immediate vicinity.
Section 4. This resolution shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this �Ldtay of c ,. > 2007
EST:
CLERK y
READ AND APPROVED AS TO FORM:
CI ORNEY
PAComm Items M 0712- 6- 0 7TB -06- 0247641 SW 62 Resol.doc
L,nIKl'X
Commission Vote: V
4 -1
Mayor Felid
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Nay
Commissioner Birts- Cooper:
Yea
Commissioner Beckman:
Yea
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Before the undersigned authority personally appeared NOTICE IS" HERESY'bNein that thaUtY GOmmisSrop of ois �„y ����•
V. PEREZ, who on oath says that he or she Is the Miami, Florida will cbriduct Public Hearings of its regulai;City!
LEGAL CLERK, Legal Notices of the Miami Daily Business Commisafon'rrieeting scheduled for Tuesday June Y6; 2009 beginning
Review f /k/a Miami Review, a daily (except Saturday, Sunday at 7:30 P.M. , to the City Commission Chambers, 6130 Sunset Drive, to
and Legal Holidays) newspaper, published at Miami in Miami -Dade cons iderttiefoilowing items)
County, Florida; that the attached copy of advertisement, '
Second fieading
being a Legal Advertisement of Notice in the matter of
ANORbINANGE OF 7HE MAYOR AND CITY
COMMISSION OF THE CITY OP '$OUTH,,MIAMI FLORFDA! <.
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 6/16/09
in the XXXX Court,
was published in said newspaper in the issues of
06/05/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post _
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this adv rtisemen r publication in the said
newspaper.
Sworn to and subscribed before me this
05 day of JUNE , A.D. 2009
(SEAL)
V. PEREZ personally known to me
a� u�. NMary Public Stat =_ of Florida
°�� �2' Cheryl H. Marmsr
°,a �,',� -q pdy Commission 00793490
Fnr,.<w Expires 07/i612012
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COURTESY. "NOTl
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NOTICE IS HEREBY given that the,Clty Commigsiort of the City of
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COURTESY. "NOTl
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NOTICE IS HEREBY given that the,Clty Commigsiort of the City of
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South Miami, Florida.will- conduct Public Hearings at its, regular_ City
.
Commissidn Meeting scheduled fo4ugsdayjiJuiie _i612009 beginning'
:
-at 7:30 p.m. in bommisslon Chambers 6730 Sunset Drive to
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consider the following item
, . (s )
AN ORDINANQE;AMENDING CHAPTER,? OETHE SOUTH :
�
a
MIAMI CODE OF ORDINANCE$'BYADDING SECTION 7 -5
- ' -
-
"NEIGHBORHOOD STABILIZAT)ON PROGRAM, (NSP) _ ;
A RESOLUTION - ,RELATINO',TO A REQUEST .FOR A
- VARIANCE, FROM - SEQTION,'20- 3.5(G) OF ` -THE ;LAND'
0 .
'DEVELOPMENT CODE TO 'ALLOW THE-LOT SIZE: OF,�.
,w '
A BUILDING SITE TO BE 7,003 SQUARE'TEEf WHERE;.
'Z. -
A MINIMUM LOT: SIZE QF:'7,500 SQUARE FEET IS
REQUIREDAN,D, ",50 FEET'(OF FRONTACGE WHERE:o
75 FEET IS REQUIRED };ON PROPERTY. LOCATED
7641'SW 62 AVENUE, SOUTH MIAMI „ FLORIDA, WITHIN;,,
.
- THE -h& RESIDENTIAL OFFICE ZONING USE DISTRICT;°
THE PURPOSEOF THE VARIANCE IS. TO PERMIT
CONSTRUCTION OF AONE STORY OFFICE BUILDING.
For further mforma {iori;'pleaseconta c t the�City Cleric's .Office',
at (305) 663 -6340.
L?
ALL interested parties are Invited to attend and will be hearcf
Maria M. Menendez,
Oily Clerk ,-
Pursuant Io Florida ataMes 206.0105. Me City pereby advises the pubile that da' person'
decides to appeal any decision:made Iiy,Mie Board, Agency or 6ommiss�on W M res,
to any mater considered at its meeting or hearing he or she will need a rxord of the
i
proceedings, and the for such pupose aocted person may need to,'enwra that a vebatim
s
ecord of the proceedings is made which record.lnciudea Me testimony and eyltlence upon
'
which the appeal k to be based:'
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