Res. No. 097-08-12694WHEREAS, Application No. PB -08 -020 was initiated by the Planning Department on
behalf of the Community Redevelopment Agency and submitted to the Planning Board requesting
approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow a a new
single family residence to have a rear setback of 19.1 feet where a 25 foot rear setback is required
on property within an RS -4 Single Family Residential District specifically located at 6400 SW
57th Court; 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 May 13, 2008, the Planning Board, after public hearing, adopted a
motion by a vote of 5 ayes 0 nays to recommend approval of the requested variance; and
WHEREAS, the Mayor and City Commission desires to accept the recommendation of
the Planning Board and enact the proposed variance.
11161 WN "I'M 11,11111 11 iiii 1111,1111 1'111:1
Section 1: That the subject request submitted to the Planning Board requesting approval of a
variance from Section 20- 3.5(E) to allow a new single family residence to have a rear setback of
19.1 feet where a 25 foot rear setback is required, on property within an RS -4 Single Family
Residential District specifically located at 6400 SW 57th Court is hereby approved.
Section 2: The City Commission finds that the hardship is supportable under the variance
decision criteria set forth in Section 20-6. 1 (B)(3)(h) of the Land Deve4lopment Code which states
that "....a variance shall be made only when necessary to relieve particular hardships or
extraordinary conditions relating to a specific property, and when the strict application of a
particular regulation would result in peculiar and exceptional hardship upon the owner of such
property as distinguished front reasons of convenience, profit or caprice
Section 3: That this resolution shall be effective immediately upon execution.
Res. No. 97-08-12694
(2)
PASSED AND ADOPTED this day of 2008
FANWITI
"-�Y CLERK
I A W.11
Vice Mayor Beasley:
Commissioner Wicombe:
Commissioner Palmer:
Commissioner Beckman:
CSI ATTORNEY
XAComm Items1200816-3-08\PB-08-020 Var.6400 SW 57 Ct Resol.doc
5-0
Yea
Yea
Yea
Yea
Yea
14 Wr'
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER 2001 0
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis, Acting Planning Director
Date: June 3, 2008 ITEM No. 4
SST AR's' OF REOUEST
The City of South Miami is requesting approval of a variance in order to allow the construction of
a single-family home at 6400 SW 57 Court. The home is located on a lot owned by the City's
Community Redevelopment Agency (CRA) and the construction of the home is .part of the
CRA's homeownership program. The property cannot be developed in accord with current plans
due to a rear setback issue. In that the property is owned by the City, the Planning Department has
initiated the variance request.
In 2004 the South Miami Community Redevelopment Agency assigned the construction of
several affordable single-family homes to the Greater Miami Neighborhoods Inc., a non-profit
housing developer. After construction started the developer discovered an error made by the
architect on the submitted plans. The home was being constructed with the building line 19.1 feet
from the rear property line which was not consistent with the Land Development Code
dimensional requirement that a rear setback must be 25 feet in the RS-4 zoning district. The
outside walls of the home were already constructed. The developer should have been advised to
seek a variance or re-locate (move) the rear wall of the house to be consistent with the required 25
foot setback.
NEW DEVELOPER
Due to financial problems the developer of the project abandoned the work on the subject site in
2006. The CRA Board in March, 2008 selected a new developer, EDFM Corp. to complete the
construction of the home. The new developer was required to submit updated plans because the
ERPB approvals in 2005 had expired and new standards in the Florida Building Code are
applicable to this project. The revised plans submitted on April 11, 2008 were reviewed by the
Planning Department's current zoning review officer. The plans for the residence maintained the
existing outer walls of the building. Therefore the problem with the rear setback of the partially
constructed rear wall remained at 19.1 feet vs. the required 25 feet, The Department's zoning
officer rejected the plans resulting in the current situation.
CURRENT-OPTIONS
In order for this project to proceed, there are only two alternatives:
(1) Remove the existing partially built walls of the structure and redesign the residence so that it
fits on the lot within the required setback. This would be a difficult situation in that the CRA has
already approved a buyer who has been waiting for over 3 years for the new home. The cost of a
re-design of the house would add significant cost to be absorbed by the CRA or the homeowner.
(2) The granting of a rear yard variance by the City reducing the rear setback from 25 feet to 19.1
feet.
(1) The . subject site is surrounded on the north by a large single family property in the
unincorporated County. To the south and west are single family homes. To the east is a multi-
family townhouse project.
(2) The proposed project will be a one story single family residence with 3 bedrooms and two
baths on a 5865 square lot. The size of the building is 1612 square feet. The submitted plans
indicate that the proposed structure complies with all dimensional requirements except for the
rear yard setback.
(3) The placement of affordable housing units on small substandard size lots is a difficult task
when considering the needs of current families. This particular site at a comer intersection is
even smaller than surrounding properties due to the land area used for the comer rounding.
This reduced lot size is a physical hardship only applicable to certain properties.
(4) The City staff during the period 2004-2005 should have recognized the rear yard setback
deficiency at that time and insisted upon either redesign or a variance procedure.
(5) The abandonment of the project by the original developer did not help the situation and did
create a hardship for the CRA and the potential homeowner.
(6) The City's Comprehensive Plan specifically states that the construction of affordable housing
is a major goal of the City.
(7) The variance requested will have minimal impact on surrounding properties. The variance is
also necessary to use the property to create an affordable housing opportunity.
PLANNING BOARD ACTION
The Planning Board at its May 13, 2008 meeting, after a public hearing, adopted a motion by a
vote of 5 ayes 0 nays recommending that the proposed variance be approved.
RECOMMENDATION
It is recommended that the City Commission approve the requested variance for 6400 SW 57
Court.
Attachments:
Draft Resolution
Location Map
Planning Department Staff report 5-13-08
Planning Board Minutes Excerpt 5-13-08
Site Plan
Copy of Public Notices
SAY
X:\Comm Items\2008\6-3-08\PB-08-020 Variance 6400 SW 57CT CM Report .doc
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8601
To: Honorable Chair & Date: May 13, 2008
Planning Board Members
From: Sanford A. Youkilis Re: Variance Rear Setback
Acting Director of Planni4e, 6400 SW 57 Court
SUMMARY OF REQUEST
The City of South Miami is requesting approval of a variance in order to allow the construction of
a single - family home at 6400 SW 57 Court. The home is located on a lot owned by the City's
Community Redevelopment Agency (CRA) and the construction of the home is part of the
CRA's homeownership program. The CRA selects a builder to construct the home which is then
sold to a selected buyer who qualifies as a low income homeowner. The property cannot be
developed in accord with current plans due to a rear setback issue. In that the property is owned
by the City, the Planning Department has initiated the variance request.
BACKGROUND
In 2004 the South Miami Community Redevelopment Agency assigned the construction of
several affordable single-family homes to the Greater Miami Neighborhoods Inc., a non-profit
housing developer. The homes were to be built on CRA properties and then sold to qualified
home buyers. The final plans for construction on one of the sites at 6400 SW 57 Court was
approved by the City's Environmental Review Preservation Board at its March 1, 2005 meeting.
After construction started the developer discovered an error made by the architect on the
submitted plans. The home was being constructed with the building line 19.1 feet from the rear
property line which was not consistent with the Land Development Code dimensional
requirement that a rear setback must be 25 feet in the RS-4 zoning district. The outside walls of
the home were already constructed. It is believed that construction work on the site stopped.
In order to correct the situation and to allow construction to continue, the developer in September
of 2005 filed an Administrative Waiver request to permit a rear setback of 19.1 feet. An
2
Administrative Waiver, if granted, permits a small change/reduction in a dimensional requirement
without using the variance process. There are no City records that the waiver process was ever
completed. The Planning Director at that time should have advised the applicant that an
Administrative Waiver request could not be filed. The Land Development Code does not allow
administrative waivers in RS-4 Residential zones. The developer should have been advised to
seek a variance or re-locate (move) the rear wall of the house to be consistent with the required 25
foot setback.
Due to financial problems the developer of the project abandoned the work on the subject site in
2006. The CRA Board in March, 2008 selected a new developer, EDFM Corp. to complete the
construction of the home.
The original plans for the project approved by the ERPB and all of the Planning Department's
record files on this site are missing and a search is continuing. The employees who were
responsible for the project review are no longer employed by the City.
The new developer was required to submit updated plans because the ERPB approvals had
expired and new standards in the Florida Building Code are applicable to this project. The revised
plans submitted on April 11, 2008 were reviewed by the Planning Department's current zoning
review officer. The plans for the residence maintained the existing outer walls of the building.
Therefore the problem with the rear setback of the partially constructed rear wall remained at 19.1
feet vs. the required 25 feet. The Department's zoning officer rejected the plans resulting in the
current situation.
CURRENT SOLUTICt1�S
In order for this project to proceed, there are only two alternatives:
(1) Remove the existing partially built walls of the structure and redesign the residence so that it
fits on the lot within the required setback. This would be a difficult situation in that the CRA has
already approved a buyer who has been waiting for over 3 years for the new home. The cost of a
re-design of the house would add significant cost to be absorbed by the CRA or the homeowner.
(2) The granting of a rear yard variance by the City reducing the rear setback from 25 feet to 19.1
feet.
APPLICABLE REGULATIONS (SeeATTA
* Land Development Code Section 20-3 S(E) Dimensional Requirements
* Land Development Code Section 20-5.9 Variances Approvals
STAFF OBSERVATIONS
(1) The subject site is surrounded on the north. by a large single family property in the
unincorporated County. To the south and west are single family homes. To the east is a multi-
family townhouse project.
(2) The proposed project will be a one story single family residence with 3 bedrooms and two
baths on a 5865 square lot. The size of the building is 1612 square feet. The submitted plans
indicate that the proposed structure complies with all dimensional requirements except for the
rear yard setback.
/3\ The ' of affordable housing units on small substandard size lots is u difficult task
when considering the needs o[ current families. This particular site utacomer intersection is
even smaller than surrounding properties due to the land area used for the comer rounding,
This reduced lot size is a physical hardship only applicable to certain properties.
(4\ The City ntat�during the period 2004-2005 should have recognized the rear yard setback
� deficiency ot that time and insisted upon either redesign ora variance procedure.
V ) The abandonment ofthe project 6vthe original developer did not help the situation and did
create uhardship for the CRA and the potential homeowner.
J(4)TboC�v"o(�oom�rab�oaivnPlonmy�ci�cuJly�od�uthuttbeuonatouctonofuf��rdoble&nosb�g
, _
ima major AnuluftboCitv.
-��\ The vm�uoueregne�edvvillhave znioioaJinup�tVoon�ouodingproyed�a. The va�uoueio
- ' also necessary to use the property to create an affordable housing opportunity.
RECOMMENDATION
Itiu recommended that the Board recommend approval of the requested variance for 640OSW 57
Attachm
LDC Applicable Regulations,
Location Map
Survey
Site Plan
Copy ofPo6lic Notices
SAY
}{:\PB\PB Agendas Staff 8 Agendas Staff -13-08\PB-08-020 Variance 6480 SW 57
M
® Land Development Code Section 20-3.5(C )(1) Dimensional Requirement Tables
(1) 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.SF) and "Dimensional
Requirements, Nonresidential Districts" (Section 20-3.5G).
b Land Development Code Section 20-3.5(E) DIMENSIONAL REQUIREMENTS
REQUIREMENT RS-4
Rear Setback 25 feet
n 0 F P1 r, F, # � i a (,� 3 41 . - 'I, -
(A) Expiration of Variance Approvals. A variance approved pursuant to
Section 20-5.5 shall lapse after six (6) month if no substantial
construction or change of use has taken place in accordance with
the request for such variance and if the city commission has not
specified a longer approval period for good cause shown.
(B) Extension of Variance Approvals. Four (4) affirmative votes of
the city commission may grant an extension to a previously
approved variance if a proper and timely request is made by the
applicant prior to the expiration of the six (6) month 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.
5
(D) Property Survey Required. All applications for a variance shall
i . nclude a current property survey prepared by a registered
surveyor.
(E) Neighborhood Concurrence. All applications for a variance shall
be accompanied by a map which reflects all properties and the
names of all property owners within a five hundred (500) foot
radius of the subject property. The applicant shall obtain and
submit the signatures of at least twenty (20) percent: of such
property owners, indicating their. awareness of and concurrence
with 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) Lo,t 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
a
-RI
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
The Pledge of Allegiance was recited in unison.
H. Administration: Mr. Comendeiro was duly sworn in as a member of the Planning Board.
HI. Roll Call: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, and Mi. Cruz
and Mr. Comendeiro. Absent: Ms. Chael and Ms. Yates.
City staff present: Sanford A. Youkilis (Acting Planning Director), Stephen David, (CRA
Director), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications/Public Hearing
Action: Mr. Cruz read the item into the record.
Mr. Youkilis advised that when the project was initiated the developer, Greater Miami
Neighborhoods Inc., selected by the. CRA, abandoned the project after the project plans were
approved by the Environmental Review and Preservation Board (ERPB) on March 2005. Under
this project a qualified buyer was selected in advance, however, the project could not be completed
due to a rear setback issue. In 2005 after the project was granted approval by the ERPB the
architect discovered that the walls were erected at 19 feet rear setback as opposed to the required
25 feet. Construction work was stopped and the applicant was advised by staff that an
administrative waiver could be applied for. The process however was ceased because the
contractor, at that time, abandoned the property. The CRA since has awarded the project to EDFM
Corporation. The current zoning review officer discovered that the rear setback problemhad not
Planning Board Meeting
May 13, 2008
Page 2 of 2
been corrected. The property has had an owner waiting for the home for over three years. The
shape of the lot the lot looses square footage at the corner resulting in a lot being below the
minimum requirement of 6,000 in an RS -4 zoning district thus creating a hardship. The City staff
during the period 2004 -2005 should have recognized the rear yard setback deficiency at that time
and insisted upon either redesign or a variance procedure. The abandonment of the project by the
original developer did not help the situation and did create a hardship for the CRA and the potential
homeowner. The City's Comprehensive Plan specifically states that the construction of affordable
housing is a major goal of the City. The variance requested will have minimal impact on
surrounding properties. The variance is also necessary to use the property to create an affordable
housing opportunity. It is recommended that the Board recommend approval of the requested
variance for 6400 SW 57 Court.
Mr. Morton recommended that the City, if not doing so now, should require a foundation survey in
order to avoid the current situation. The CRA shall be looking into a payment performance bond
as well. Mr. Cruz questioned if the property will have the ability to obtain an administrative waiver
even after the variance is approved. Mr. Youkilis advised that an administrative waiver could not
be used in an RS -4 zoning district. Mr. Youkilis speculated that in the RS -4 and RS -5 districts lots
are smaller and when the administrative waiver process was created it was expressed that such
process could have a larger impact on the property due to its size. More than one variance can be
asked for. Mr. Youkilis advised that administrative waiver themselves are not an easy process
because the neighbors must approve. Staff has not received any protests from the neighbors within
the 500 feet radius used for public notice mail -out.
Mr. Stephen David, .CRA Director, advised that Greater Miami was a reputable developer at that
time and since they have filed for bankruptcy. It took some effort to clear title on the property
because of the liens the property incurred against it and the CRA will return title to the homeowner.
Mr. David also advised that the CRA now requires a performance bond.
Ms. Young requested that staff research the background as to why the RS -4 zoning district is
excluded from the administrative waiver process.
Motion: Mr. Cruz moved to approve the variance request to allow a rear setback of 19.1 feet and
Ms. Young seconded.
Vote: 5 Ayes 0 Nays
XACOMM ITEMS\2008 \6- 3- 08\PB- MIN- 05 -13 -08 EXCERPT VARIANCE.DOC
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0 ST My -FLORIDA
On Tuesday, June 3 2008, beginning at 7 30 p m In'the Clty `Commission
Chambers, 6130 Sunset Drive; the City Commission wili:bbId Pubitc Hearings,
to consider the following items
A:`RE$OLUTION RELATING TO AN APPEAL OF A ,DECISION OF THE
ENVIRONMENTAL REVIEW . AND, PRESERVATION BOARD • :Tb DENY
PROPOSED;TAKE OUT;ORDER SIGNAGEFOR CARRABBAS ITAC(AN GRILL '.
AND OUTBACK: STEAKHOUSE RESTAURANT LOCATED AC 5829:`SW 73
STREET (SOUTH MIAMI MUNICIPAL PARKING.GARA6E)
A RESOLUTION RELATING TO THE<1SSUANGEOFP CERTIFICATE
0 5 t9 E3OFTOHAPPROPRIATENESS_PURSUANTT6 SECTION;2 FE
LAND
;DEVELOPMENT CODEFOR THE'EXTERIOR'RENOVAT!ON PAINTING AND
51GNAGE, ON DESIGNATED HISTORIC GOMMER.GIAL BUILDING LOCATED
AT 5904 SUNSET DRIVE (AMSTEq BUILDINGS)
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION
20 3:4(13)(4)(b) QFTHE LAND. DEVELOPMENT CODE,FOR A SPECIAL USE .
APPROVALTO LOCATE A GENERAL RESTAURANT.LOCATED AT. 5734 SW
" "72nd STREET- wrrHINTHE SR;(HD OV) SPECIALTY; REiAIL(HOMETOWN
DISTRICT OVERLAY} ZONING DISTRICT
A RESOLUTION RELATIN TO A.REQUEST.FOR AVARIANCE FROM SECTION '
20 3.5(E):OP THE -LAND ;D EVELOPMENT,CODE'T4:ALLOW FOR }A'NEW:
_SINGLE FAMILY HOME TD HAVE A REAk.:':SETBACK OF. 9.1 FEET WHERE
A MINIMUM 25 FOOT REAR SETBACK IS REQUIRED; ALL ON A PROPERTY
WITHIN AN_ "RS C SINGLE FAMiLY-RESIDENTIAL USE DISTRICT, LOCATED
AT 640Q SW 57TH COURT
AN ORDINANCE AMENDING .CHAPTER 7 OF THE SOUTH MIAMI.CODE OF
ORDINANCES BY ;CREATING, SECTION 7216 "PRE;CONSTRUGTION AND
CONSTRUCTION" STANDARDS- FOR SITES;" REQUIRING CONSTRUCTION
SITES TO BE KEPT IN A CLEAN AND ORDERLY CONDITION; REQUIRING THE
INSTALLATION OF CHAINiINK:FENCE PRIORTO CONSTRUCTION ALONG
THE BORDERS OF.THE. SITE; AND_ TO ;PROVIDE DETAILED..PROCEOURES . I. FOR OBTAINING FENCE PERMIT PRIOR TO CONSTRUCTION `
AN, ORDINANCE AMENDING, ..CHAPTER 7 :OF THE SOUTH MIAMI CODE
OF ORDINANCES,, BY, _ MODIFYING, ,SECTION, ':'7-15.2:-,"DEMOLITION
REQUIREMENT, STANDARDS "_TO .PROVIDE: ADDITIONAL CLARITY AS TO
PROCEDURES FOR `OBTAININ6`FENCE,•PERMIT; PRIOR.;TO ,DEMOLITION - ..'.
AND CONSTRUCTION
SAN ORDINANCE RELATING TO.7 AMENDING THE '.CITY S' i CODE OF
ORDINANCES, CHAP,.TER 2 `_ARTICLE 1 ;SECTION ;2 -21;
ESTABLISHING PROCEDURES
FDA" PUBLIC COMMENTS IN ORDER TO
FACILITATE AN ORDERLY PROCESS IN NIANACING PUBLIC.GOMMENTS
j. . r
AN ORDINANCE RELATINGTOAREQUESTTO AMEND ,LAND DEVELOPMENT
; CODE';SECTION 20 -5.9 ENTITLED. °VARIANCE: APPROVALS- IWORDER „
T.,,O, Abb4SUBSECTION (H) , PROVIDING CRIiERWFOR'.REVIEW AND
APPROVING VARIANCE APPLICATIONS;. AMENDING SECTION 20-
,.(h) IN ORDER TO REMOVE THE E)CISTING GUIDELINE
If you have.any'lriquiries on the above items please contact the. Planning and Zoning:
Departments office at. 305- 663 -6326. -
ALL interested parties are invited to attend and will be heard;
"Mena M. Menendez; CMC
C'Ry Clerk:
Pursuant to Flontla Sfaartes P66 Ot 05, the City hereby. advises fhe.putihc that if a.person decides
to appeal any decision made by -this Board, Agency or Commission with respect to any, matter:
consideredatds meeting orbearing; he or she will need..a,reeord of;the proceedings, and that for:.
^.Such pur[iose; affected person may:need to ensure:that.a verbAm:record of the proceedings)
made which record;includes the testimony and evidence upon which the appeal is to be :based,,, ; ,
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