The URL can be used to link to this page

Res. No. 191-07-12576RESOLUTION NO. 191-07-12576 WHEREAS, Application No. PB -07 -028 was submitted to the Planning Board by Robelo- Kelly Holdings, LLC , said application being a re- application requesting approval of a variance from Section 20- 3.5(G) of the Land Development Code to allow the lot area of a building site to be 9,927 feet, where a minimum of 10,000 feet is required, on property within an "MO" Medium Intensity Office Zoning District, specifically located at the northwest corner of SW 71 Street and SW 61 Avenue, South Miami Florida; and WHEREAS, the applicant wishes to develop the property with a four story mixed use building, and; WHEREAS, in order to develop the property, a 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, Section 20 -5.9 (A) of the Land Development Code provides that approved variances shall lapse after six (6) months if no substantial construction has occurred, however, the City Commission may grant an extension only a request is made by the applicant prior to the expiration of the six (6) month period; and WHEREAS, the City Commission at its June 14, 2005 meeting formally approved the subject variance and also approved a request that the variance to be extended a full year until June 14, 2006 (Resolution No. 82- 05- 12061); and WHEREAS, the City Commission at its May 16, 2006 meeting (Resolution No. 77 -06- 12218) approved a second extension of the variance until June 14, 2007; and WHEREAS, the applicant did not start construction before June 14, 2007 and did not request an additional extension -of the variance resulting in voiding the applicant's variance approval and thereby requiring the subject re- application; and WHEREAS, the applicant did submit a new application as set forth above in the first Whereas clause; and Res. No. 191-07-12576 (2) WHEREAS, on October 30, 2007 the Planning Board, after public hearing, voted 6 ayes 0 nay to recommend approval of the variance request; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. ! ! i ! ► -111, Section 1. That the subject application submitted by Robelo -Kelly Holdings, LLC requesting approval of a variance from Section 20- 3.5(G) of the Land Development Code to allow the lot area of a building site to be 9,927 feet, where a minimum of 10,000 feet is required, on property within an "MO" Medium Intensity Office Zoning District, specifically located at the northwest corner of SW 71 Street and SW 61 Avenue, South Miami Florida is hereby approved. Section 2. That the approval of the subject variance is based upon the following findings: a) The existing property is smaller than the minimum site size required by the Land Development Code and cannot be developed without a variance which constitutes a hardship. b) The variance requested is of a small, incremental nature and would have minimal impact on surrounding properties. Section 3. That pursuant to Land Development Code Section 20 -5.9 (A) the variance granted in this resolution will not expire until one (1) year from the date of the adoption of this resolution. Section 4. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 27t ", day of November, 2007 ATTEST: (1cam;... Y CLERK �. �....• i •.u_ C Y ATTORNEY XAComm Items\2007 \11 -27 -07 \Variance SW 61 Av SW 71 St Resolution.doc YOR Commission Vote: 5 0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER T9 I.IT r-r, 11rrIt�r- a ern At-%M n n171I Inn 2001 IIV 1 LI \-VI 1 1%./IL IVII- IVI%aI %f11`11JV IV To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Directo ° Date: November 27, 2007 )STEM No. Subject: APPLICANT'S REQUEST This request is a re- application seeking approval of a previously approved variance from Section 20 -3.5G of the Land Development Code to allow the net area of a building site (NE corner of . SW 71St Street and SW 61St Ave) to be 9,927 square feet where a minimum of 10,000 feet is required and 95 feet frontage where a minimum of 100 feet is required. The subject property is within the "MO" Medium — Intensity Office zoning district. The applicant seeks a variance in order to redevelop the property, which is currently vacant. The applicant is proposing to build a new four story office building including three residential units and 9500 square feet of office space. LEGISLATIVE HISTORY This item was before the Planning Board on May 10, 2005 at which time the request was unanimously approved. The City Commission at its June 14, 2005 meeting formally approved the variance. It is important to note that Section 20 -5.9 (A) of the Land Development Code provides that approved variances shall lapse after six (6) months if no substantial construction has occurred, unless the City Commission extends an approved variance beyond the six month period. The LDC also provides that the City Commission may grant an extension only "....if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period ". The applicant at the time of the initial approval of the variance anticipated a delay period and requested that the City Commission allow the approved variance to be extended a full year until June 14, 2006.(Resolution No. 82- 05- 12061) c2} A year later the applicant requested an additional one year delay which was approved by the City Commission at its May 16, 2006 meeting (Resolution No. 77- 06- 12218). The extension allowed the variance to continue until June 14, 2007 even though construction had not been .initiated. Unfortunately the applicant did not start construction before June 14, 2007 and did not request an additional extension of the variance. The applicant's variance extension expired thereby resulting in the subject re- application. STAFF OBSERVATIONS (1) The current application is the same as was before the City Commission in June, 2005. There are no changes to the original variance request or to the applicant's plans to be build a four story building. (2) The site is a non - conforming property and any new construction must be on a building site which meets the zoning standards for the MO zone district. (3) The applicant's representative states in a hardship letter the variance is not self - created and that the substandard size of the property prohibits the use of the property. It is further stated that there are other nearby properties with substandard lot size which have been granted a variances to permit development. . PLANNING BOARD ACTION The Planning Board reviewed the re- application at its October 30, 2007 meeting, conducted a public hearing and then adopted a motion by a vote of 6 ayes 0 nays recommending approval of the variance request. RECOMMENDATION It is recommended that the requested variance be approved. Documentation: Draft resolution Planning Department Staff Report 10 -30 -07 Application Location Map Letter of IntentlHardship Survey Planning Board Minutes Excerpt 10 -29 -07 Public Notices JP/SAY X: \Comm Items\2007 \11- 27- 07 \COA 6267 SW 57 Street CM Report.doc To: Honorable Chair & Planning Board Members From: Julian Per & Director of 0 Tanning G Date: October 3O,2007 Re: Variance Request NE Corner SW 71 Str and SW 61 Ave SUMMARY OF REQUEST The applicant is requesting approval of a variance from Section 20-3.5(G), Land Development Code to allow the net area of a building site (NE comer of SW 7 1 th Street and SW 61St Ave) to be 9,927 square feet where a minimum of 10,000 feet is required and 95 feet frontage where a minimum of 100 feet is required. The subject property is within the "MO" Medium —Intensity Office zoning district. The applicant seeks a variance in order to redevelop the property, which is currently vacant. The applicant is proposing to build a new four story office building including three residential units and 9500 square feet of office space. LEGIS kTIVE HISTORY This item was before the Planning Board on May 10, 2005, at which time the request was unanimously approved. The City Commission at its June 14, 2005 meeting formally approved the variance. It is important to note that Section 20-5.9(A)' Land Development Code provides that approved variances shall lapse after six (6) months if no substantial construction has occurred, unless the City Commission extends an approved variance beyond the six month period. Variance Lot Size - October 30, 2007 Page 2 of S The LDC also stimulates that the City Commission may grant an extension only "....if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period" (Section 20- 5.9(B), Land Development Code). The applicant at the time of the initial approval of the variance anticipated a delay period and requested that the City Commission allow the approved variance to be extended a full year until June 14, 2006 (Resolution No. 82 -05- 12061). A year later the applicant requested an additional one year delay which was approved by the City Commission at its May 16, 2006 meeting (Resolution No. 77- 06- 12218). The extension allowed the variance to continue until June .14, 2007, even though construction had not been initiated. Unfortunately, the applicant did not start construction before June 14, 2007, and did not request an additional extension of the variance. The applicant's variance extension expired thereby resulting in the subject re- application. APPLICABLE REGULATIONS (See ATTACHNMENT) • LDC Section 20-3.5(E) Dimensional Requirements • LDC Section 20 -5.9 Variances Approvals STAFF OBSERVATIONS (1) The site is a non - conforming property and any new construction must be on a building site which meets the zoning standards for the MO zone district. (2) The applicant's representative states in a hardship letter the variance is not self - created and that the substandard size of the property prohibits the use of the property. It is further stated that there are other nearby properties with substandard lot size which have been granted a variance to permit development. (3) It is important to .note that this area (two blocks) is the only location for the MO zoning district in the City. There are 13 potential building sites of which 7 sites are non- conforming as to minimum lot size required for the MO zone. The Planning Department recognizes the difficulties of the non - conforming status of property in the MO District. In the subject application the variance request is less than one percent of the lot size minimum and is supportable. (3) The current Comprehensive Plan Future Land Use Map (FLUM) category for this property is Mixed Use Commercial- Residential. This category mandates that all development (new) must be mixed use with at least two of the following three uses: residential;. retail or office. The applicant's proposed development in 2005 was to build a new four story 7office building including three residential units and 9500 square feet of office space, which would be consistent with the FLUM category. The applicant has chosen not to submit a specific site plan as part of this re- application. - (4) In the past two years the staff recognized that the MO zoning and. the Future Land Use category in this area needs to be re- examined in light of its location close to Metro Rail and the abutting TODD (MU -5) district. The area in which the subject site is located was selected as a priority study area as part of the City's Evaluation and Appraisal Phase II Amendment Program. It is proposed that the Future Land Use Map Category be changed from Mixed Use Commercial- - - - -- - Variance Lot Size— October 30, 2007 Page 3 of 5 Residential to TODD; and that the zoning be changed from MO and TODD (MU-4) to TODD C� (MU-5). The end product of these changes, if implemented, could have a major impact on what is designed for the subject property. RECOMMENDATION It is recommended that the lot size variance application be approved., Attachments: LDC Applicable Regulations Application Location Map Letter of Intent/Hardship Copy of Public Notices Survey JP/SAY -07\PB-07-028 Variance SW 61 a4n`d"'SW"-'-71 —S-tr. 'd'o'c' P:\PB\PB Adverts Notices\2007 Ads & Notices\] 0-30 Variance Lot Size- October 30, 2007 Page 4 of 5 1-13 0 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 20-3.5F) and "Dimensional Requirements', Nonresidential Districts" (Section 20-3.5G). ® Land Development Code Section 20-3.5(E) DIMENSIONAL REQUIREMENTS REQUIREMENT MO Net Area (sq. ft.) 10,000 Frontage (ft.) 100 ® Land Development Code Section 20-5.9 Variances Approvals (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. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. Variance Lot Size— October 30, 2007 Page 5 of 5 (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) 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 City of South Miami PB -07 -028 Lot Size Variance Northeast Corner SW 61 Ave. and SW 71 Str. 6621 1 6620 \,\ •,\ E 6631 0 \ j_ 6631 6630 6701 Sg 6701 6700 Z 6711 N j0 6711 67t0 tU 6721 6718 t4J, !66731 21 6720 � � T 6730 6731 SW 68TH ST 6801 6800 6801 6800 5950 6815 6825 6810 6820 6825 6847 �,a° 6�b� SW 69TH 5T g0 y 0 15 Q rn 6912 6240 6Z °moo m ° 6900 0 o ca ro 6931 N o M rn n o m <t d o in � t � co co m cn ro 694 6941 0 SW 70TH ST -- 0 7000 7001 � o m o ?009 m 7020 ° 7019 LO o 7040 rn M co 7109 SW 71ST ST = a 7051 F 7090 _ coi+ O i°n (0 777 p ? rn LO 7171 Q o �� Q e ,U) 0 cam» {!3 a SUBJEC 6201 '� 6101 u) PROPER Y Cl) SW 72ND ST 6110 0 m 7300 1_ 0 609 92 Nrn Lo 5949 5950 0 0 89 w co 5907 m 6845 tit 91 h� 6�-1Q, x 6180 n y � °o � o l G D 92 N N r � h 7311 7340 v 6022 g 6040 0 300 600 900 Feet - �(G\X ao a 7230 p�+ 6 0 5 ggb O 0 0 E- 5940 CJ 7311 ° ° yg0 7321 sIQ s� ssoi 0 SW 74TH ST 1,200 1,500 m ur City of South Miami Planning &ZonlngDepartment City Hall, 613O Sunset Drive, South Miami, Florida 33143 Telephone: (3O5)GG3-6328; Fax: (3O5)68G-45Q1 Aop|icaUon for Public Homhmg Before Planning Board & city Commission APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: PLEASE CHECK THE APPROPRIATE ITEM: X Letter of intent 1/,,*' 91-11 Text Amendment to LDC X Variance -T Justifications for change Zoning Map Amendment Special Use x statement of hardship 6111, PUD Approval Special Exception - Proof of ownership or letter from owner PUD Major Change Other Power of attorney V — 7,0,At Aa;Ew Contract to purchase Briefl ex lain a plication and cite specific Code sections: Current survey (1 original sealed andV signed/1 reduced copy @ 11" x 17") Request for variance of MO frontage and lot size requiremen per Section 20-3.5 G 15 copies of Site Plan and Floor Plans 20% Property owner signatures V/ X Mailing labels* (3 sets) and map Section: Subsection:_ Page #:— Amended Date:— X Required Fee(s) The undersigne --7 Applicant's Sign oWan� I application and represents that the information and all submitted materials are nt's knowledge and belief. /8- Date Upon i � ao oubm�dme�hmiswiUbemv�wo for com , io.(� with the Land Development Code and other a apU registrations. Applications found not incompliance will be .`aotodand returned to the applicant. - Date Filed DabaofCornn��a�n D� Hearing ^ Petition Required Petition Accepted Method of Payment K1|AM| 1406239.1 763262302 CD B&jn Sumberg ATTORNEYS AT LAW JERRY B. PROCTOR, ESQ. Direct Dial: (305) 350-2361 Direct Facsimile:(305) 351-2250 E-mail: jproctor@bilzin.com October 8, 2007 Via Hand Delivery Mr. Julian Perez Planning and Zoning Director City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Application for Variances Applicant: Robelo-Kelly Holdings, LLC Property: Northeast corner of SW 71 Street & SW 61 Ave., City of South Miami Folio Nos.: 09-4025-011-0170 and 09-4025-011-0160 Dear Julian: Our firm represents Robelo-Kelly Holdings, LLC, (the "Applicant"), owner of the property at the northeast corner of SW 71 Street and SW 61 Avenue (the "Property") in the City of South Miami (the "City"). On behalf of the Applicant, please accept this letter and attached application for variances to permit the construction of an office development on the Property. The Property is currently zoned Medium Intensity Office (MO). The Applicant seeks variances from Section 20-3.5G of the Land Development Code to permit the net area of the Property to be 9,927 square feet where a minimum of 10,000 feet is required in the MO district and to permit a lot frontage of 95 feet where 100 feet is required in the MO district. The City should approve these variances for several reasons. First, the City has previously approved the very same requested variances, and the conditions surrounding the variances have remained essentially unchanged. On June 14, 2005, the Applicant obtained unanimous approval of the attached Resolution granting variances from Section 20-3.5G of the Land Development Code "TO ALLOW THE- LOT SIZE OF A BUILDING SITE TO BE-9j927--SQUARE-_ FEET AND LOT FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED." On that date, at the request of the Applicant, the time to obtain a building permit under the variances was extended by the City Commission from six months to one year. On May 16, 2006 Commission mission - GhaniM6 FV granted a one year extension to develop the property. A copy of the approving Resolution is attached. MIAMI 1413305.2 7632623021 10/10/07 BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Julian Perez October 8, 2007 Page 2 FDUOVvng the May, 2006 Gpp[OV8l by the City COQlDliSSk}n. the Applicant presented plans for building permit in September, 2006. P|GOS have been revised since that time to 8ddn8SS CODlrO8Ots by the Miami-Dade Fire Department and to mitigate iOCn88Sing COOst[UC[ioD COs[S. However, the Applicant has been continuously in the permit process since that time. Section 20-5.9(A) ("Variance Approvals") of the Land Development Code stipulates that variances "shall lapse after six months if OO SUbStanUG| COOStnJCtOn or change Of use has taken place in @CCDnd@nCe with the request for such v8h8OCG and if the City COnnnOiSSi0D has not specified 3 |ODge[ 8pprOV8| period for good c8US8 shown." AS noted above, the O[igiD8| @pp[OY8l in June, 2005. and the subsequent approval in K8@V' 2006' extended the time period until June 14' 2007. i]DfOdUD8t8ly the Applicant was UO@b|e to begin CODSt[UCtiOO during that time period, and now asks that the City grant new variances so that the Applicant may continue to develop the Property and contribute to the commercial growth of the City. In this C8s8. the Applicant faces an UODeCeSG8rV hardship in the size and shape of the PnOp8dv. At the heart . the hardship is the fact that the existing ZDOiOg VO the Property is iOCOnSi'tGOi with the Size Of the lot. Like many lots in the 8[8@' the Property CODt8iDs f8VVe[ square feet (9,927) than F8qUi[8d in the M(] district (10.000). Similar relief has been granted by the City other proper-ties in the area. Without these variances, the lot would be UDbui|d8b|8 under the existing zoning. Therefore, granting these variances would not convey any special privilege tO the Applicant not enjoyed bV other property owners; [8th8[' these variances would merely allow the Applicant to develop the property in the same way that neighboring properties have been d8VSlOp8d. AddibOn@\|y, the hardship was not self-imposed as the Property was nonconforming when the Applicant purchased the property. The Y8riBOC8S requested are of very Snl8ll nGiUn8. SD8CifiC8lky, the 4np|iC@Dt is only 3SNDg for a V@ri@nO8 of 73 SqU@[e feet from the required lot size and 5 feet from the lot frontage requirement. This deviation VVOU|d have DliOiDlo\ impact on the surrounding properties. The reduced pnDp8dv Size and width correspondingly diminishes the Applicant's development potential VO the Property. the Applicant's proposed is b� with the SU[n]UOding neighborhood. The immediate neighborhood oODSiSt5 of many mixed-use buildings, including professional, CiViC. and office US8S. On the west Side of SW 01 Court, 2 hl0Ck3 to the west Of the Property lies Larkin Hospital. Between the hospital and the Property, there are a number Of office buildings. On the north side Of SW 70 Street, 1 block to the north of the PPDpedv' there is @-O-StO[y C0ndODliOiUnl building that stands prominent in the neighborhood, with pedestrian- friendly access. The South Miami W18[nOF8i[ StOUOD lies 'USt 1 block- east -of the Property. Adjacent tOthe Property itself iS S8Vn[@| other offices, making thiS propOsed-U-sa-VerySirni\8rtO the other buildings on the in0RO8di8t9 block. VVhi|8 the 4mphC@Dt [8SDgCts the p[OC8SG DUUiD8d by the L8mj Development-Code, the-- essential ci[uunlSta/OeShave not changed. The Applicant proposes the s8OOeV8�enCerequest that was approved just two years ago by the City COrnDliSaiDD. The Applicant faces 3 hardship - that [UDS with the nature of the land. Finally, theses variances are being requested for e d8V8|OpDnent that will be compatible with the SUF[OVDding neighborhood. For all of these MIAMI l4O]O52763262}O2| Mr, Julian Perez October 8, 2007 Page 3 reasons, the Applicant believes that the request is appropriate, and asks that the request be approved. Enclosed within, you will find a survey of the Property, copies of prior Resolutions adopted by the City Commission, and a completed application. Thank you for your consideration. Sincerely, Jerry . Proctor JBP: id cc: Arnold Robelo (Via E-Mail) Steven J. Wernick, Esq. MIAMI 1413305.27632623021 10/8/07 II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Davis, Mr. Farfan, Ms. Chael, and Ms. Beckman, and Ms. Young. Board member absent: Ms. Yates. City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications 1 Public Hearing PB -07 -028 Applicant: Robelo -Kelly Moldings, LLC Address: NE Corner of SW 71St Street and SW 61St Avenue (7039 SW 61 Avenue) i. '11 , 1, i i• r i !, i . 1 i• it ,i r 1 � i 1 i• 11 11 i / 1 i i 1 1 'ri i . i 1 ■1 it ) Action: Mr. Youkilis advised that the request is a re- application seeking approval of a Planning Board Meeting October 30, 2007 Excerpt Page 2 of 3 previously approved variance from Section 20-3.5G of the Land Development Code to allow the net area of the referenced building site to be 9,927 square feet where a minimum of 10,000 square feet are required and 95 feet frontage where a minimum of 100 feet are required. equired. The applicant seeks a variance in order to redevelop the vacant property. The applicant is proposing to build a new four story office building including three residential units and 9500 square feet of office space. Staff recommended that the lot size variance be approved. This item was before the Planning Board on May 10, 2005 and the request was unanimously approved. The City Commission at its June 14, 2005 meeting also approved the variance. Section 20-5.9 (A) of the Land Development Code provides that approved variances shall lapse after six (6) months if no substantial construction has occurred., unless the City Commission extends an approved variance beyond the six month period.. The LDC also stipulates that the City Commission may grant an extension only "....if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period" (Section 20-5.9 (B) At the time of the initial approval of the variance the applicant anticipated a delay period and requested that the City Commission allow the approved variance to be extended a full year until June 14, 2006. (Resolution No. 82- 05- 12061) A year later the applicant requested an additional one year delay which was approved by the City Commission at its May 16, 2006 meeting (Resolution. No. 77-06-12218). The extension allowed the variance to continue until June 14, 2007 even though construction had not been initiated. Unfortunately the applicant did not start construction before June 14, 2007 and did not request an additional extension of the variance. Mr. Morton questioned whether required setbacks would be grandfathered after zone change to a TODD district. Mr. Perez replied affirmatively. Mr. Proctor, attorney representing the applicant, stated the City Commission unanimously extended the variance request two years ago. The owner plans to build the project as proposed previously. The applicant has attempted to obtain permits, however because there were changes under way relevant to the City's regulations on land use his client has been monitoring the City Commission's actions. Although plans were drafted there were uncertainties with outcome with the City's land use regulations. It was observed that the City had not yet implemented a change of zoning from "MO" to TODD in the area including the referenced location. During the year 2006 the applicant intended to build the project. The applicant desires to move his current offices and managerial operation to South Miami. Beginning in the year 2006 they submitted plans for a permit but were faced with obstacles and superseded the allowable time to obtain their permits. Mr. Proctor displayed the plans and stated there have been minor changes. The problem was that when the "MO" district was created it required lot frontages and sizes that the applicant cannot meet, for this matter his client claims hardship. Mr. Proctor indicated that the City should address the issues even if the City does do not implement a TODD. The applicant is not asking for special privileges but is requesting that the variance be approved. Planning Board Meeting October 30, 2007 Excerpt Page 3 of 3 Ms. Beckman stated she was concerned that the approval would set precedence as well as affect surrounding residential area. Mr. Perez stated that staff's professional opinion finds the locations to be a very unique area because of its proximity to a commercial area. Mr. Youkilis added that although the property was surrounded by commercial a high density residential area was also present. Mr. Proctor also added that the blocks within the City "MO" districts are minimal. Mr. Morton inquired what the impact would be should the zoning be changed. Mr. Youkilis advised that with bonuses in an MU-5 zoning district a building may go from four to eight stories in height. Motion: Ms. Beckman moved to approve the variance as presented. Mr. Davis seconded. Vote: 6 Ayes 0 Nays XAComm Items\200711 1-27-07\PB-Minsl 0-30-07 Excerpt.doc moo-M-1 w OR- -.— u I-Mn 500- p W --g-L �2L L -2 SL 8LL c rj- uORD3!PluaPI ON 0 °o "Z/ 5,00' 16.1 U' -4 00 O (D cn .I! �2 T F8 gg f� T E ;Ii` 0 9L 2Lt C C) 0 9L'9 t L , g E3 G'L 09 co R ip;p1g�RZ;d -6 2 a'; IV 0 °0Q9 Q F- w R 2 mr t2 �F g �BHWE-ag ;d E2 ig C- ta - Ei F I i2 m 1- —12 9'LV �R ,Z� tk-tTp. 3�:-, 9*Li7 0 n 3nN3hv Lstg ms IL 0.0 0 GU-_ 0 .C,l - 0 C: C: O D 0 0 9.00, 11 0 _0 CO, - 1 .41 �5 a C', 0) a a7 ONE Q'- r-O 00 0 �z L, LO cli a) C: -E 0 ONia-iine 00.56 = pa-insDaVq � plooa OJ -2 too -q-ZL punc,A c rj- uORD3!PluaPI ON adt L punod .d °o "Z/ 5,00' 16.1 U' -4 A§ cn .I! �2 T F8 gg f� T E ;Ii` (D C C) 0 T -- S a , g E3 09 co R ip;p1g�RZ;d -6 2 a'; IV 0 °0Q9 Q F- w R 2 mr t2 �F g �BHWE-ag ;d E2 ig C- ta - Ei F I i2 m 1- —12 �R ,Z� tk-tTp. 3�:-, ��.._oo a C 8-9mHE-Dq 5!;� gas qmg LU cn cr) 0 C) "0 ire R U) �Fp.dKS g pain6DaV4 ry PJ639 jellnE) AGIIDA Z au!lje4uaa0 U og ONia-iine 00.56 = pa-insDaVq � plooa OJ JUG)WDADd -VZ E C) -2 too -q-ZL punc,A c rj- uORD3!PluaPI ON adt L punod .d °o "Z/ 5,00' 16.1 U' -4 cn (D C C) 0 JUG)WDADd -VZ E C) o —0 C C) 0 0 > > > "0 6, U) g pain6DaV4 ry PJ639 jellnE) AGIIDA Z au!lje4uaa0 ,,Q cl �IW30 ---- zy JUG)WDADd -VZ E C) 38 h O ca N 0: ca X E LU 'o r 0 Z N ca w x f 2 0 Z E a v .E `CALENDAR, FROM 37 Rotary Club of Coconut Grove: Meetings feature business service, community fellowship and interest- ing speakers -, 12:30 p.m. Wednes- days; Coconut Grove Sailing Club, 2990 S. Bayshore Dr., Coconut Grove; $15 for lunch. Call Derek at 305- 710 -7909. Rotary Club of Opa -locka a Miami Gardens: Become part of an exciting network of business and profes- sional leaders; 6 p.m. Thursdays, except for Thanksgiving Day; El Palacio Sports Hotel and Conference Center, 21485 NW 27th Ave., North- west Miami -Dade; ninth floor; free. 786- 229 -2921 or send an e -mail to dreamteam777@aoI.com. Rotary Club of Perrine- Cutler Ridge- Palmetto Bay: Weekly lunch meetings; 12:15 p.m. Tuesdays; Tony Roma's,18851 S.,Dixie.Hwy., Cutler Bay; $10. Call Natalie Windsor at 305 -252 -4853 or Michael Kesti at 305- 323 -2903. Rotary Club of South Miami: Weekly lunch meetings featuring speakers, fellowship and community service; 12:15 p.m. Tuesdays; Bernie Kosar's Steakhouse, 5960 SW 70th St., South Miami; $16. Call Michael Mills at 305- 663 -6310 or send an e-mail to milismike @aol.com. Sew N' Sew Quitters: Join the club and work with fabrics; 9:30 a.m. - noon every Wednesday; Griffing Park Center, 12220 Griffing Blvd., North Miami. 305 -891 -5823. South Dade Toastmasters Club: improve your public speaking, com- munication and leadership skills in a supportive and light - hearted envi- ronment; 7:30 -8:30 a.m. Wednes- days; Deli Lane Cafe - Sunset Tavern, 7230 SW 59th Ave., South Miami; free first visit. 305- 775 -8750 or southdadeSreetoasthost.org.. South Florida Orchid Society: An evening of fun, tips and orchid.grow- Ing as all the club's members demon- strate their skills in a hands -on pro- gram; 8 p.m. Nov. 21; Firefighters Memorial Building, 8000 NW 21st St., • L 4 ,: l �` Miami; free. 305- 255 -3656: South Florida Woodcarvers: Begin -' ner and experienced woodcarvers welcome. Meets in room 65; 7 -9 p.m. Thursdays, except for Thanksgiving Day; South Miami Middle School, 6750 SW 60th St., South Miami, Call Marvin at 305 - 443 -2769. South Miami Stamp Club: The group meets in the school cafeteria; 7 p.m. Thursdays, no meeting on Thanks- giving Day; South Miami Senior High, 6856 SW 53rd St., South Miami; free., 305 -232 -0979. Toastmasters South Dade Club: Gain self- confidence in social situa- tions and improve speaking skills; 7:30 -8:30 a.m. Wednesdays; Sunset Tavern, 7232 SW 59th Ave., South Miami; $50 semi - annual, plus one- time $20 fee for materials. 305- 234 -8635. Tropical Rose Society: Learn how to grow beautiful roses for a show. Includes a demonstration of staging flowers and rose arrangements; 7:30 P.m. Nov. 20; Fairchild Tropical Botanic Garden, 10901 Old Cutler COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, November 27, 2007, beginning at 7:30 p.m.,: in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following !terns: AN ORDINANCE`.'.`RELATING TO THE YEAR 2008 GENERAL ELECTION ,OF THE MAYOR AND CITY - COMMISSIONER& FOR "GROUPS, 11 AND III; SCHEDULING THE DAY, PLACE AND TIME OF THE ELECTION; ;PROVIDING FOR QUALIFICATION, OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION. AN ORDINANCE AMENDING THE SOUTH MIAMI CODE-;OF ORDINANCES BY AMENDING SECTION •75 -99, ENTITLED CONTROLLED PARKING RESIDENTIAL ZONES; TO DESIGNATE. CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING ELIGIBILITY AND CRITERIA FOR ESTABLISHING CONTROLLED PARKING RESIDENTIAL ZONES; PROVIDING PROCEDURE FOR DETERMINING CONTROLLED PARKING RESIDENTIAL, :20NES; PROVIDING ISSUANCE OF SPECIAL'^! PARKING",::-PERMITS :UPON APPLICATION;::', PROVIDING PRIVILEGES AND RESTRICTIONS ON:RE$IDENTIAL: PERMITS AND,PROVIDING;PENALTIES. A RESOLUTION RELATING TO A.REQUEST FOR A VARIANCE FROM. SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT?CODEIN ORDER TO ALLOW A LOT COVERAGE OF 31% (1580 SQUARE FEET) WHERE- ;A-MAXIMUM OF'30 %: (1530 SQUARE FEET) IS PERMITTED ALL ON PROPERTY I I CATED;AT 632T SW 43,STREET'WITHIN,AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT. A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -3.5G OF THE :. LAND DEVELOPMENT CODE .TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 9,927 SQUARE FEET AND,LOT FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED j ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "MO" MEDIUM - INTENSITY OFFICE ZONING "'USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A,; FOUR STORY MIXED USE BUILDING. A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5,19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE INSTALLATION OF A BRICK PAVER DRIVEWAY AT THE FRONT OF A RESIDENCE LOCATED AT 6267 SW. 57 STREET WITHIN THE CAMBRIGDE LAWNS HISTORIC DISTRICT. If you have any inquiries . on the above items please contact the Planning Department's office at:.305- 663 -6326. " ALL interested parties are invited to attend and Will be heard.. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at Its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Rd., Coral Gables; free. 305 -758 -4355. Winning at Work and, Home: A study group presented by Men's Fra- ternity, to give menu game plan for succeeding at work and at home; 7:30 p.m. Mondays; Miami Vineyard Community Church, 14260 SW 119th Ave., Southwest Miami -Dade; free; optional workbook is $11. 305- 234 -9600. AARP Driver Safety Program: Nationally- certified classes with two, required, four -hour segments for ages 50 and older. Discounts may be available from insurance companies upon completion. 888- 227 -7669 (English); 305- 261 -2858 (Spanish). Alper JCC Classes: Dave and Mary Alper Jewish Community Center, 11155 SW 112th Ave., Kendall. 305- 271 -9000, ext. 268: o Clay class, 1:30 -3:30 p.m. Wednesdays; free. e Music, Movement and Singalong, movements that stimulate memory skills through using the imagination, movements that can be practiced at home. For seniors with special needs. Wear comfortable, loose clothing and flat shoes: 1-3 p.m. Thursdays, except for Thanksgiving Day. a Cards and Games; noon -3:30 p.m. Tuesdays and 10:30 a.m.-1:30 p.m. Wednesdays. a Sing'n' Swing, participants can sing songs from the past;! -2:30 p.m. Tuesdays. Hurricane Awareness Tips: Seniors: can enroll in a special needs shelter and apply with the Miami Dade County Emergency Management Services at 308 -513 -7700. Seniors can also contact FPL with a list of ail power- dependent life support equipment and fill out a form by call- ing 305- 442 -8770. Jewish Community Services of Flor- ida, Inc.: Program for Miami -Dade residents who are over 55, unem- ployed, and income - eligible. Funded by the Florida Department of Elder Affairs (DOEA).; Jewish Community Services of South Florida, 4200 Bis- cayne Blvd., Miami. 305 -573 -0133. Miami Beach Classes: North Shore Park and Youth Center, 50172nd St., Miami Beach; free. 305 -561 -5636: a Chair aerobics for seniors: 11 a.m.- noon Tuesday. Senior Activities Group: The group features fun and games for seniors; 1 -3 p,m. third Wednesdays; Concor- dia Lutheran Church, 8701 SW 124th St., Miami; free. 305-235-6123. Senior LIFT Center: Features classes, including Spanish, bunco, canasta, mah -jongg and table pool; The Kendall Breeze Shopping Cen- ter, 12480 SW 127th Ave., West Ken- dall. 305- 235 -8855. Senior Program at Oak Grove Park: Features games, walking club, field trips and cards; 10 a.m. -noon Mon- days, Wednesdays and Friday; Oak Grove Park, 690 NE 159th St., North Miami Beach;free..305 -944 -8670. South Miami Senior Citizens Bridge Club: Meets for coffee and contract w WmN w w O w .0 a W,,: 0, 'w Iz, tD< O-Wzqw<a:, 0 ...... z �40 M -1 Q:35 <. Pz o cc td HE Em ' .m Izls:o 0, 'ZD zw 6 OR A, Im W,, .w C, W. w z OZLOO -mo 50,6 m 2M mo 0 < �2u 60 -M � jo= 5' 0, MW cc -s: cc w 0 Go": w -0 Z6 2. w O� UA 2 - W z E 'S S. -6. p4 0.; ORZ!jlz7zom,.o�,'-'om'w'zz E os�z -.0 o iu -z 0 wz nw Do 'm '< D,;:c I cc" ;,t a:, illo _., m', c,FMOSWMS OZ 0 M_ WWOV;� �O�, 8,, E 0._ Ff oo,p 0 - ot `�"g w a C! 8 5z �i omw WO 0> WLMO�-WDC < � > amE 0. 0. �120,:<w ; w ito w M3:M,21-.Wo -2 Iz, U., wx "T, � 0, do.�;UBO-o ;,:.g �2 _6. o i o < go& -0 W. 0 zo O�� w O�oz,t; 11 E :g -9 &2 �o 7wpwz <= - =0 w r - �0<0- 3:0� 0 uu ov 0. W.Owl(o .,,w om MoccWni B. E,2 *2 7 Z Qtx- WIC F= 0 T. o '-6666 . w WmN w w O w .0 a W,,: 0, 'w Iz, tD< O-Wzqw<a:, 0 ...... z �40 M -1 Q:35 <. Pz o cc td HE Em ' .m Izls:o 0, 'ZD zw 6 OR A, Im W,, .w C, W. w z OZLOO -mo 50,6 m 2M mo 0 < �2u 60 -M ° ° °d W- jo= 5' 0, MW cc -s: cc w 0 Go": w -0 Z6 w O� UA 2 - W z p4 0.; ORZ!jlz7zom,.o�,'-'om'w'zz E os�z -.0 o iu < w W.=,, �� M.z 0 <.i,, H -on < .;o jow - I'- C, o W. oz Zo wm >0 Z< �<' 0 70 Iwo ZO 0. <, =k 0 �c -C,!¢ >- illo n. E5 p � �t-" �Nlijwd -xZE-- 2 OER w a j 0 �f,q �.-' �z zo�i—mj 0 ;-:5 0, W. W. em i's 2 5 00 -Z F,: ZO 0 - ot `�"g w a 0 LOU.." f.-- w.--.O� zz-rOz<o¢o -- Z� ZO w 9 (Z' ,� C) 0 -Zwz omw WO 0> 00 T; ro. 0 H!-Wow Wt�.T 10 ..Qg,owz do.�;UBO-o -.U-& :-,rw< , - . z 1�1'!, 0 5g-Crmm=zwq,, _80 OW<�o m �,W.2zz. o< . W. W m 'o, T< � WW < 0 QOO O 15 ul m s cc - & E 2 2 w ` 2:9 U) I g, C uj ZD z a z < E Fn- I f w 7 'C -,6 a .9 E 'tig z :3 0 0 15 ? w wz Sr > 0 z cc GL a: O :E w a w a: x m w m x 0 02 x W 0 w W. z :3 3-5 QZ 0 0> .0� (n 0 w WmN w w O