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Res. No. 190-06-12331RESOLUTION NO. 19 0 — 0 6 —1 2331 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20 -35(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Application No. PB -05 -019 was submitted to the Planning Board by applicant, Hector Capo, said application requesting approval of a variance from Section 20- 3.5(E) to permit a new single family home to be built non a lot with a lot frontage of 32.9 feet where a minimum of 75 feet is required; where 75 feet is required on property within an "RS -3" Single Residential Zoning use district, specifically located at 7630 SW 63 Court, South Miami, Florida; and, WHEREAS, the applicant wishes to develop the property with a new single family home; and, WHEREAS, the applicant desires to place the frontage of the double frontage property facing SW 63 Court which is a residential street thereby requiring a variance; 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 July 11, 2006 the Planning Board, after public hearing, voted 5 ayes 0 nays to recommend approval with conditions 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 applicant, Hector Capo, said application requesting approval of a variance from Section 20- 3.5(E) to permit a new single family home to be built on a lot with a lot frontage of 329 feet where a minimum of 75 feet is required on property within an "RS -3" Single Residential Zoning use district, specifically located at 7630 SW 63 Court, South Miami, Florida is hereby approved; and Section 2. The approval of the requested variances includes Exhibit A, Development and Site Plan for the Residence "D ", 7630 SW 63 Court as prepared by Azze Architecture, Inc. and dated 10 -6 -06 is incorporated herein. Res. No. 190 -06- 12331 Section 3. That the approval of the subject variances are based upon the following findings: a) The requested frontage variance is necessary due to the irregular shaped property and to allow the proposed home to face a residential street versus a commercial area which if not granted would constitute a hardship; b) The variance requested will 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, and, d) That the hardship is not self - created due to the unique shape of the property, which configuration existed at the time the property was purchased. Section 4. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 1 7,ay of October, 2006 ATTEST: Y CLERK READ AND APPROVED AS TO FORM: igueredo, Nagin Gallop & Figueredo, P.A. Office of City Attorney Ck YOR Commission Vote :V Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: P:1Comm Items12006110- 17- 061PB -06 -024 7641 SW 62 Resol.doc (2) 5 -0 Yea Yea Yea Yea Yea South Miami AI!- Americacitlr CITY OF SOUTH MIAMI ®� OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sanford A. Youkilis, Acting Planning Director Date: October 17, 2006 ITEM No. 6;� 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(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.4 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE Request: The applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to permit a new single family home to be built on a lot with lot frontage of 32.9 feet vs. a required 75 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to orient the front of the house toward a residential street as opposed to a street with commercial properties. The applicant's property is a triangular shaped vacant lot with a lot area of 12,314 sq.ft. The property is a corner lot facing two streets, Manor Lane and SW 63 Court, which is closed at Manor Lane. The applicant's current plans are to build the front of the home facing the SW 63 Court, a residential oriented street. The frontage of a parcel is always considered the side facing a right -of -way or in the case of a corner lot, the shortest side. This is a double frontage lot and the frontage. oriented toward Manor Lane would comply. In the applicant's proposal the lot frontage is to be on SW 63 Court, however, it is only 329 feet in a zoning district requiring a minimum of 75 feet in frontage. Staff Observations: (1) The applicant correctly states that using Manor Lane as the frontage of the property would be hardship due to the volume of traffic on Manor Lane and the commercial nature of the uses directly across the street. The applicant also states that creating a house shaped to match the irregular shape of the parcel (triangular) would be out of character with the homes on SW 63'6 Court. (2) The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth in the Land Development Code in Section 20- 6.1(13)(3)(h). Planning Board Action: The Planning Board at its July 11, 2006 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval the requested variance with the following conditions: an opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line and the site plans be reviewed by the Environmental Review and Preservation Board before the item proceeds to the City Commission. The applicant did receive final design approval from the ERPB at its October 3, 2006 meeting. (2) Recommendation: It is recommended that the variance request be approved with the following condition: an opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line (with the exception of the driveway entrance) Backup Documentation: Resolution Planning Department Staff Report, 7 -11 -06 Application Location Map Letter of Intent Letter of Hardship LDC Applicable Regulations Survey Site Plan Excerpt Planning Board Minutes 7 -11 -06 Public notices SAY P:1Comm Items12006110- 17- 061PB -06 -019 Var 7630 SW 63 CT CM Report.doc South Miami Al Medca City I.F 3002 CITY OF SOUTH MIAMI To: Honorable Chair & Date. July 11, 2006 Planning Board Members From: Don O'Donniley Re: Variance Request Planning Director 7630 SW 63 Court PB -06 -019 Applicant: Hector Capo Location: 7630 SW 63 Court Request: 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(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIl� AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF RE VEST The applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to permit a new single family Home to be built on a lot with lot frontage of 32.9 feet vs. a required 75 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to orient the front of the house toward a residential street as opposed to a street with commercial properties. APPLICABLE REGULATIONS See ATTACHME • Land Development Code Section 20-3.5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals • Land Development Code Section 20- 6.1(13)(3)(h) - Powers and duties Planning Board • Land Development Code Section 20 -3 .6 (F)(4) -- Roadway Dedications, Improvements and Setbacks BACKGROUND & ANALYSIS The applicant's property is a triangular shaped lot with a lot area of 12,314 sq.ft. The property is now vacant. The applicant is proposing to construct a two story single family home. The property PB 06 -019 Variance Request —5841 SW 63 Ct July 11, 2006 Page 2 of 5 is a corner lot facing two streets, Manor Lane and SW 63 Court, which is closed at Manor Lane. The frontage of a parcel is always considered the side facing a right -of -way or in the case of a corner lot, the shortest side. In the applicant's case the lot frontage is on SW 63 Court, however, is only 32.9 feet in a zoning district requiring a minimum of 75 feet in frontage. This is a double frontage lot and the frontage oriented toward Manor Lane would comply. The applicant's current plans are to build a two story home with the front of the home facing the SW 63 Court, a residential oriented street. STAFF OBSERVATIONS The subject property has its legal address on SW 63rd Court. The applicant correctly states that using Manor Lane as the frontage of the property would be hardship due to the volume of traffic on Manor Lane and the commercial nature of the uses directly across the street. The applicant also states that creating a house shaped to match the irregular shape of the parcel (triangular) would be out of character with the homes on SW 63Td Court. LDC ,Section 20- 3.6(F)(4) would resolve the issue in favor of the orientation toward SW 63`d Court. • The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth for the Planning Board in Section 20-6. 1 (B)(3)(h) 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 from reasons of convenience, profit or caprice. • In order to provide a buffer between the new home and the abutting commercial properties it would be appropriate to require a continuation of the six feet high landscaping screen or an equivalent buffer along the Manor Lane property line (with the exception of the driveway entrance). RECOMMENDATION It is recommended that the variance request be approved with the following conditions: (1) An opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line from the northern edge of the room addition to the south boundary of the property. Attachments: LDC Applicable Regulations Location Map Application Letter of.lntent /Justif cation Survey Proposed Site Plan Copy of Public Notices DOD /SAY; ,1 � E:IPBIPB Agendas Staff Reports12006 Agendas Staff Reportsl7 -1 1- 061PB -06 -018 Variance5841 Sw 63 Report.doc PB 06 -019 Variance Request S841 SW 63 Ct July 11, 2006 Page 3 of 5 ATTACHMENT LAMA DEVELOPMENT CODE APPLICABLE REGULATIONS a Land Development Code Section 20- 3.5(E) DIMENSIONAL REQUIRE mTs REQUIREMENT RS -3 Minimum Frontage 75' a Land Development Code Section 20 -59 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. (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 PB 06 -019 Variance Request —5841 SW 63 Ct July 11, 2006 Page 4 of 5 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 malls (6) Impervious coverage (7) Off - street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20- 6.1(B)(3)(h) - Powers and duties Planning Board (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off- street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieyeparticular hardships or extraordinary conditions relating to a speci tc 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 from reasons of convenience profit or gg rice. • Land Development Code Section 20- 6.3(F)(4)- Roadway Dedications, Improvements and Setbacks. (1) Public road rights -of -way shall be dedicated and paved to the minimum widths set forth in the city's adopted Transportation Element or as follows, whichever is greater: PB 0b -019 Yariance Request 5841 SW 63 Ct July 11, 2006 Page 5 of 5 (a) One hundred (100) feet for: Bird Road (SW 40 Street), Miller Road (SW 56 Street) and Sunset Drive (SW 57 Avenue). (b) Eighty (80) feet for Kendall Drive (SW 88 Street). (c) Twenty -five (25) feet for Progress Road (from SW 70 Street to SW 68 Street). (d) Seventy (70) feet for section and half section Iine roads. (e) Fifty (50) feet for all other roads, unless required otherwise herein. (f) Thirty -five (35) feet for all private roadways. (g) Twenty (20) feet for all alleys. (2) All dedicated public roadways shall be improved by the abutting property owner to the specifications of the city or county. (3) No structures, other than utility poles, shall be located nearer to the centerline of an abutting roadway than a distance equal to one -half of the official right -of- -way width plus the minimum required yard setback. (4) In determining which streets are the frontage and side streets, the director of building and zoning shall be guided b, the existing dpment ap ttern. (5) Required yard setback distances shall be measured from the official right - of -way line, regardless of whether such rights -of -way have been dedicated. City of South Miami PB -06 -019 Lot Frontage Variance 7630 SW 63 Court 7350 �� fig6� 7340 7341 7340 6331 7340 31 7331 7330 6250 '+ 7360 SW 7 7 aF od 0 ° 0 7400 7401 7400 7401 7400 7401 N Cp CD 7421 7410 7411 7410 W 7411 W E ° N s n 7431 7420 7421 7420 7421 S �w 7440 7437 7430 V 31 7430 7431 $ 7450 7441 7500 7501 7500 7500 ^� 7510 � 7511 7510 $ 7500 7511 7511 6540 6510 q ^ 7510 7521 7520 � 7521 7520 7521 6551 m 7570 � 7540 7531 7530 7531 ^� 7531 76TH ST 7600 7611 7600 7601 0 5�e 6540 6520 7610 7621 7610 7611 2 7620 6 0 6561 6541 6621 7620 7621 �°'p O \�\ Q 7631 7630 SW--76TH TER 7641 7630 9 o � N FOR 6522 7640 °LLsue 0 7651 '3 6,.eeb 7650 QO O 7661 °mac co clj Wv Lo cD ° o ° N E370 � 0 ro c0 m co .1440 �6'� 0- Y usd ti r> rn ,n �, O V m� o 5 6551 �� 5� S 79TH ST 6330 6310 0 cep s O M Cn O ' 3 1 boll 6341 m f°o won rasraaoar son ..r. 0 0 0 ,t} It M 6 N N N N to CO N N N 6 co N N N 6 M W (O l0 5 6551 �� 5� S 79TH ST 6330 6310 0 cep s O M Cn O ' 3 1 boll 6341 m f°o ■.Ca =+6W$DTHST resin won rasraaoar son ..r. 4 a C3 CO r L! 6 N 0 N N rlj CO N N N 6 co en CO m ■.Ca =+6W$DTHST resin won rasraaoar son ..r. moms NoaomIDAJSORm CO r L! h a1 6340 8015 ,n 8025 8020 8025 6420 HE 8020 8020 8020 m8 ,M r a r ■ r r 4Mr0 M17-F $Tr in ■ a a a . 6490 8480 6470 6450644 6430 6420 8400 8025 8030 8035 8101 6100 8030 8040 8030 CO 0 8040 m 8430 8045 8035 6040 8101 8045 0 300 600 900 1,200 1,500 Feet ANNM City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PRUJEC:1: _Owner _Owner's Representative _Contract to purchase ,_Option to purchase _TenanVLessee APPLICATION 1S HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: f PLEASE CHECK ALL THAT APPLY: _ Text Amendment to LDC iJVariance Letter of intent ,Zoning Map Amendment _Special. Use f Justifications for change _ PUD Approval _Special Exception _ ✓Statement of hardship PUD Major.Change _,_,Other Proof of ownership or letter from owner L% Power of attorney Briefly explain application and cite specific Code sections: -- Contract to purchase ✓Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") 15 an and Floor Plans 1 reduced copy @ 11 " x 17" es,SrCl s Section: Subsection: Page #: Amended Date: Mailing labels (3 sets) and map Required Fee(s) The undersigned has road this completed application and represents that the information and all submitted materials are true and correct to the bes a c 's knowledge and belief. 9 1P o t? Applicant's Signatu and titl Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Pavment Rockridge Development II, LLC 6201 SW 40t' Street, Suite 102 South Miami, rL 33143 Re: 7630 SW 63 CT. To whom it may concern, I am applying for a Variance Permit, for the above stated property for the following reasons: I . All the houses in that neighborhood face either east or west. 2. The streets were closed off from the commercial area with traffic features. 3. There is continuous traffic on Manor Lane. 4. The home would be of a triangular shape and be out of place in the neighborhood. 5. The home would be set back only 7 feet from its rear neighbors pool. 6. Pedestrians coming in and out of the home would walk into a commercial road with heavy traffic, therefore endangering them. If you have any questions feel free to contact me. Thank Y M Rockridge Development II U U U '* U �OR14 CITY OF SOUTH MIAMI PLANNING BOARD . Regular Meeting Action Summary Minutes Tuesday, July 11, 2006 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. 11. Roll Call. Action: Mr. Morton, Chair, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Yates Mr. Farfan Mr. Beilman Board members absent: Mr. Davis and Ms. Lahiff City staff present: R. Don O'Donniley, AICP (Planning Director), Sanford A. Youkilis, AICP (Planning Consultant), Brian Edney (Video Support), and Patricia Lauderman (Planning Board Secretary). V. Planning Board Applications / Public Hearings PB -06 -019 Applicant: Hector Capo Location: 7630 SW 63d Court Request: 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(E) OF THE LAND DEVELOPMENT CODE TO PERMIT A NEW SINGLE FAMILY HOME TO BE BUILT ON A LOT WITH LOT FRONTAGE OF 32.9 FEET WHERE A MINIMUM 75 FEET OF FRONTAGE IS REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE- FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 7630 SW 63 COURT, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting July 11, 2006 Page 2 of 3 At this time, Mr. Morton swore in the speakers. Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He stated that the applicant is requesting approval of a variance from Section 20- 305(E) of the Land Development Code to permit a new single family home to be built on a lot with lot frontage of 32.9 feet vs. a required 75 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to orient the front of the house toward a residential street as opposed to a street with commercial properties. He indicated that the applicant's property is a triangular shaped lot with a lot area of 12,314 sq.ft. Furthermore, the applicant is proposing to construct a two -story single family home. The property is a corner lot facing two streets, Manor Lane and SW 63 Court, which is closed at Manor Lane. In addition, Mr. O'Donniley provided the following staff observations: • The subject property has its legal address on SW 63rd Court. The applicant correctly states that using Manor Lane as the frontage of the property would be hardship due to the volume of traffic on Manor Lane and the commercial nature of the uses directly across the street. The applicant also states that creating a house shaped to match the irregular shape of the parcel (triangular) would be out of character with the homes on SW 63rd Court. LDC Section 20- 3.6(F)(4) would resolve the issue in favor of the orientation toward SW 63rd Court. The applicant's claim of hardship, due to the irregular shape of the lot is supportable under the variance decision criteria set forth for the Planning Board in Section 20- 6.1(B)(3)(h) 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 from reasons of convenience, profit or caprice. • In order to provide a buffer between the new home and the abutting commercial properties it would he appropriate to require a continuation of the six feet high landscaping screen or an equivalent buffer along the Manor Lane property line (with the exception of the driveway entrance). Recommendation: Staff recommended that the variance request be approved with the following conditions: (1) An opaque Iandscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line. Applicant: Mr. Hector Capo Mr. Capo explained that residents coming in and out of the home would potentially walk on the commercial area of Manor Lane which has a lot of continuous traffic. Additionally all the houses in that neighborhood either face east or west and granting this request would enable the house to face SW 63 Court, a residential oriented street. Chair Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Harvey Bernstein 7661 SW 65 PI Neutral Planning Board Meeting July 11, 2006 Page 3 of 3 Mr. Bernstein stated he thought the house being proposed with regards to the design, was not in character with the existing houses in the neighborhood. However, he did agree with the variance because he felt that was the only thing that would make sense for that irregular lot. He also expressed concern about the grotto/ depression in the back of the house and that in the past it has been filled with standing water. David Tucker, Jr. 6556 SW 78 Tern Opposed Mr. Tucker indicated he did not agree with the variance or the proposal for the house. Bob Welch Opposed Mr. Welch stated that the house the applicant is proposing to build is a type of mini Mcmansion that will stick out in the neighborhood and be out of character with the surrounding homes. Chair Morton closed the public hearing. At this time, the Board and staff discussed the application. Mr. Comendeiro inquired about the procedures for the neighbors to voice their opinion about the design of the house. Mr. O'Donniley replied that the ERPB has specific authority over the site plan and they will review all the plans. Mr. O'Donniley noted that the residents can provide a letter to the Environmental Review and Preservation Board (ERPB) voicing their opposition of the design of the house since there is no public hearing at ERPB. Motion: Mr. Comendeiro moved to recommend approval of the application. Ms. Yates suggested that before the City Commission hears the variance request, the ERPB should review the plans of the residence. Mr. Comendeiro agreed with Ms. Yates suggestion and withdrew his previous motion. Motion: Ms. Yates moved to add condition in which ERPB will conduct its review and analysis before the variance application proceeds to the City Commission. Mr. Comendeiro seconded the motion. Vote: Ayes 5 Nays 0 Mr. Comendeiro proceeded to make a main motion for the variance request. Motion: Mr. Comendeiro motioned to recommend approval with the following conditions: (1) An opaque landscape hedge or an equivalent buffer of a minimum 6 feet in height shall be planted along the Manor Lane property line. (2) Environmental Review and Preservation Board will conduct its review and analysis before the item proceeds to the City Commission. Ms. Yates seconded the motion. Vote: Ayes 5 Nays 0 LEGEND OF SURVEY ABSPEVIA71ONS ' . A..... ARCOISTANCE NO.... AIR CONDITIONING CBS... CONCRETE BLOCK STRUCTURE C..... CALCULATED CA ..... CATCH BASIN O.U.L..AVERKEAD UTILITY LDIE CL.... CLEAR CIL .... CENTER LINE P,C.C... POINT OF COMPOUND CURVE END... ENCROACNMENT P.0 ..... POINTOFCURVATURE P.O.G.. POINT OF COMMENCEMENT PIP.... FOUNDIRONPIPE P,O.R... POINT OF BEGINNING SLGG .,. BUULARIG O.IL .,. OVER NANO W.IA. ... WATER METER CJE.. —CHORD DISTANCE AS.... PLAT ROOK M-1—MEASURED D.E..... DRAINAGEEASEMENT PIL ... PROPERTY LINE CONC— CONCRETE F.H....: PIRe HYDRAKT UP... UTILITY POLE FA.... FOUND It . ;RADIUS CERTIFY TO: Rockridge Development I I :,TP -tE 5 H Capo Construction LEGAL DESCRIPTION: Lot: 12 Black: 1 Subdivision: Oak Heights According to the Plat thereof as recorded In Plat Bock: 46' Page: 64 Public Records of MIAMI -DADE County, Florida. ADDRESS: 7630 SW 63 COURT MIAMI, FL 33149 Encroachtnents Noted: LOCATION SKETCH SCALE:' . NOTES. A) All drrr.+er, Wor e.verrherRh rh_ h n w of pp~ rlw. I— rernhlF - MNIM --. L.W—hM of r —art B) TWU --Y I. Mtred.d fr Rwtpge or Tsfl rt pnpwo -* -6-h ly far this ws by th— ro whm It it ce ffkd. Thl. rU' 6 eot to M uW f . Pm U", d.dfe, row .IMP — wM.A w&M. ote- nwt Of Th N d, Eslfr. Inc. . 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UNUTY PJVIEMENT CHLF..... CHAIN LINK FEKCE 9" Of fit?rXIII I VA'IL. C, I IV�41� 325 PUT 5M-TH OF %i 7sc1 Cd3 d q D � (1.22 F (r IN will''E'll'i'll 11 rood Sheet 1 of/7 FL D ZONE: AE THIS I5 A FLOOD HAZARD ZONE _THIS I5 NOT A FLOOD HAZARD ZONE PANEL NO,% 276/! COMMUNITY #: 120658 DATE OF FIRM: 07/1711995 BASE FLOOD: 9.00 FINISH FLOOR: NIA LOWEST NIA AD,T GRADE THOMAS J. KELLY, INC. L.B. #6486 SURVEYORS- MAPPERS-LAND PLANNER5 8125 SW 120 STREET PINECREST, FLORIDA 33156 (786) 242 -7692 DADE (954) 779 -3288 BRWD (786) 242 -6494 DADE FAX (954) 779 -3260 BRWD FAX DATE FIELD WORK SCALE rr�r IVEY NO. 02/02/2005 v, N �• 06 -0536 SHEET 2 OF 2 i cla /yV _ 146.12' (R)(M) N N.4 \? - fPAIA CANA }T M-69'Y k� f /tip �1h nw." -z ONE STORY R= No 7630 $ F.F.E 11.00 n \ A/C- -9.450 \ �3 3210 17.89' 4• u� o $ h 1� %\ q/ 3290 (R) (M) 3� 15' PWY �a? to SWA' Jrd CT. 4 20' AVRALT PAVME)VT ►off THOMAS J. KELLY, INC. L»8 # 8486 SURVEYORS — MAPPERS —LAND PLANNERS 8125 SW 120 STREET PINECREST, FLORIDA 33156 (786) 242 -7692 DADE (954) 779 -3288 BRWD (786) 242 -6494 DADE FAX (954)779 -3260 BRWD FAX JDATE F17 WORK SCALE SURVEY NO. 02/02/2008 1' -20' 06 -0536 ti MIAMI DAILYYBUSINESS REVIEW PubGshad Dally except Saturday. Sunday end Legal HoSdays Miami, Mimi-Duda Cmmly, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE, Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Revfewf&Ja Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - OCTOBER 17, 2DO6 in the XXXX Court, was published In said newspaper In the Issues of 1 0/0612006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Mlaml -Dade County, Florida and that the said newspaper has heretofore been continuously published In said MiarnkDade 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, Frodda, for a period of one year next preceding the first publleatlon of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm oromporation any d" cdunt, rebate, commission or refund for the purpose of so4ing this advertisement for publication in the said Sworn to and subscribed before me this 06 dayof OCTOBER A.D. 2006 (SEAL) Cheryl HMemter SOOKIE WILLIAMS personally+�P o • y Commission 00338550 me -9 0 Expm July IS, 2005 - _ A RESOLLM OF THE CITY REQUEST<TC AND '2' ON F SW SM AV '_' RS -S'LOW Oi ''- PERMLTTEDE '­ PLATAS SET t MUM LAND I �= THE:MIAMi CU WANEROFPI -- OF-&SINGL FORAM EF durtrg Puissant to Florida Slatiites:268.01p5,�itx public that'd a person decides, to, appesl -i Beard,AOenryarCammb lonwllh7eapedI IIa meadng orheartn0, ho or simvAll need a and that for each pupose,- effected person i - verbatlm.reyord of the pramedingb la.reade testimony and evidence uponwhichthei appm adve;to e•AN'� OF" REU an AN ORBINANCE'QF:THi;7MAY6R'Ad .OF THE CITY OF SOUTH MIAMI, FLOI `..REQUEST TO AMEND THE OFFICIAL CRY OF.SOUTH-MLAM1 LAND DEVI i DESIGNATING 'A SINGLE FAMILY RE LOCATED AT 0025 SW Bard CO(1RT J - ,AND .:BY PLACEMENT:'OF_:AWHISTL -•. OVERLAY:ZDNE (HP- OVJ =OVER','TH - "USE i DISTRICTIFOR-.THIS PROPER" ac: "A - RESOLUTION OFiHE: OF THE CITY OP SOUTH THE ISSUANCE OF A CI 'NESS PLRSUAN7TO SEC DEVELOPMENT, CODE: R SIGNS FOR;MANARA;RE HISTORIC BUILDING LO( (SHELLEY B UIL DING); PRI ,A LU �RESOTION ORTHE:) OF THE CITY OF SOUTH M - PURSUANT TO SECTION' , "MENT`CODEt FOR'" -,A, -9 '. =ED r r {, A RESOLUTION OFTCE MAYOR 6`CITYCOMMISSION 6i._'- " .rTHE:CITY OF SOUTH ".MIAMI, FLOWDA:_REIATING,,TO:A.'.,:,: - REQUEST. FOR TWO VARIANCES FROM SECTION 26 - 3.5(0) - OF THE LAND DEVELOPMENT C66E.10 ALLOW THE LOT;.;' _ SIZESOFA.8UILLI1NGi SITE ;TOBE-- ..7003.:SQUAREt FEET. r ":' WHERE.A.MINIMUM LOT, SRE,OF:75W.9QUARE FEET is,- REQUIRED AND SO.FEET OF FRONTAGE,WHERE T5 FEET IS REQUIPED; A VARMNCE FROM-THE PARRING, SPACE'.'..; DIMENSI O. -NAL w- REQUIREMENT .GRAPHIC:OF',y.SECTION 20SA OFTHE LAND DEVELOPBtENT CODFTOPERMITZ' ;, ' j FEET .9 INCHES OF�ASUrONG.- LANDSCAPE.ON- ,THE..', -I . NORTH:.:SIVEr OF; THE=: PROPERTY; WHERE n5i FEET 19 --,�'s .REQUIRED; ALL -ON PROPERTY,LQCATED.AT 7&N SW 82 ` 4 .,• AVENUE ;SOUTHMIAMliFLORIDA.WITHINTHe- "RESI•r;..;_: -, DENTIAL OFFICE ZONING,USE.09STRICTI -' THE PIiRPdsa= " OF THE VARIANCES iS TO PERMIT;THEiCONSTRULiIOti �OFA.7W0 -. STORY. OFFICE- ;BUFLDINO; AND .PROVIDING. - FORAM EWECTIVE DATE..;