Res. No. 054-90-9080RESOLUTION NO.54-90-9080
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA,DENYING
VARIANCES FOR A LOT OF 8400 SQUARE FEET WHERE
10,000 SQUARE FEET IS REQUIRED;FOR A REAR
SETBACK OF 10 FEET FOR A SWIMMING POOL WHERE
12.5 FEET LS REQUIRED;AND DENYING AWAIVER
OF PLAT ON PROPERTY LEGALLY DESCRIBED AS
LOTS 11,12,13,18 &19,BLOCK 3,OF THE
AMENDED PLAT OF SEA VIEW PARK,AS RECORDED
AT PLAT BOOK 17,PAGE 80,OF THE PUBLIC
RECORDS OFDADE COUNTY,FLORIDA,A/K/A
5885 S.W.84TH STREET SOUTH MIAMI,FLORIDA.
AGENDA ITEM PB -90-002
WHEREAS,the applicant has requested variances for a
lot of 8,400 square where 10,000 square feet is required;for a
rear setback of 10 feet for a swimming pool where 12.5 feet is
required;and a waiver of plat and the staff recommendation is
for denial;and
WHEREAS,at a public hearing on February 27,1990,the
Planning Board voted 5-0 to deny the requests.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That variances for a lot of 8,400 square
feet where 10,000 square feet is required;for a rear setback of
10 feet for a swimming pool where 12.5 feet is required;and for
a waiver of plat on property legally described as:
Lots 11,12,13,18 &19,Block 3,of the
Amended Plat of SEA VIEW PARK,as recorded
at Plat Book 17,Page 80,of the Public
Records of Dade County,Florida,a/k/a
5885 Southwest 84th Street,South Miami,Florida.
are hereby denied.
PASSED AND ADOPTED this 17 day of Apri 1
APPROVED:
,1990
fr^L^f\y^O<L.C t
MAYOR
mfl.n u>.uERK Y iCoxAo—
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
-*/0-002^
OnTuesday,February 27,1990,at7:30P.M.in the City Commission
Chambers,the Planning Board ofthe City of South Miamiwill
conduct a Public Hearing onthe following matters.
PB-89-039
Applicant:
Request #1
Request #2
Request #3
Legal:
Location:
Joseph &Carole Russo
Variance from Section 20-3.5 E to allow a lot of
8,400 square feet where 10,000 square feetis
required inanRS-3 Zoning District.
Variance from Section 20-3.6 (J)(c)to allow a rear
setback of10 feet for a swimming pool where 12.5
feet is required.
Approval ofthe subdivision of the subject property,
waiving the regular platting procedure.
Lots 11,12,13,18 and 19,Block 3 of AMENDED PLAT
OF SEA VIEW PARK according to the plat thereof as
recorded in Plat Book 17,at Page 80ofthe Public
Records of Dade County,Florida.
5885 S.W.84 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING,SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO
CEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED.(F.S.286.0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL,6130 SUNSET DRIVE,SOUTH
MIAMI.FLORIDA,AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND.OBJECTIONS OR EXPRESSIONS OF APPROVAL .MAY BE MADE
IN PERSON AT THE HEARING OR FILED IN WRITING PK.Ok I u UM AT THE HEARING.THE BOARD RESERVES THE
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED.THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
AT A FUTURE DATE.INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
ZONING DIRECTOR BYCALLING 667-5691 ORBY WRITING.REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
PLANNING BOARD
PSBI00-7 BZ REV.IZ-9—81 THIS IS A COURTESY NOTICE
ssadujoo
CW0<3 ONlNNVld HWIYf HinOi d0 AID
3WV§:H3NM0
.
•/•!*/!-"
'1
»*•*
JiNVDnddV
Ui'ftjJi
^'^••^C r ".•j^feffij^v^ajff •;*.«.'->t "'•••;v»-v
g^S^^SB^gg^l :;#fllS
5885 S.W.84 Street
South Miami,Florida33143
February23,1990
The Honorable City Commissioners of
TheCityofSouth Miami
6130 Sunset Drive
South Miami,Florida 33143
Dear Commissioners:
The Waiver ofPlatand/or Variance currently before
you has been requested for the following reasons:
1.Since the property taxes have doubled in recent
years it has become an increasing hardship for me to
afford to comfortably pay them.The solution seemed
tobetoselloffpartofthe property.
2.Youwillnotethatthefive (5)lotsownedby
my wife and me are not uniform,i.e.lot 11 is a narrow
40 X 198 (approx.)foot strip running from 83 to 8 4 streets.
3.In an effort to comply with the required set back
from our existing pool it makes the lots being divided
just short of the required 10,000 square feet.
4.Whereas there is a fairly new house (built in 1987)
just seven houses east of ours on a strip 40 X 170 we feel
that our proposed plat not only better serves the welfare
and appearance of like properties in the area,but actually
is 1600 square feet larger than the house mentioned above
whichissituatedat5751 S.W.84 Street.Inaddition,our
street frontage would be 120 feet as opposed to the 40 feet
ofthat property.
We trust that your fair judgement will prevail in our
favor.
Respectfully,
JRcw
Enclosure
Joseph Ru^so
•}?i*
•1,-^J.
-So 'J >S3 £•_
•_,q q |0>Di'
t
0
5990 :
;
5984 =
*
5971
*59 89<7>
I
CD"
r
5951
59AI
oo
[J
CD
H
I
5450 s
5920
r 'fl<»t (7>l<-»>.
••&&•'
I -ra &
?a ?
585'
~&
^
J
sboi m •
•7o S •»,-
S.W.
9375
599-6
5961 siPO
5951 5960
5941 59 40^
6908
^00 £
^^^
~H
0 —•
0 >
o ro
CD
->l CO
ro
Z
o
(4l-67)j25-37)
.-_-..
/3/?6 <^
—.
4>
Q
to
0-!
1
Ol
.<*/£>
ro*|~i
AVE.
590O
4>
_3)
o
03
<-•<<?•?3
59TH
«6
x)}89'
'AVE.\
>^-r.\
ro
04
en
i
CD
5 6 0'
588 I
-".T.S
aJ
W H |,
CD ?°OJ
*i
r^—OJ
AVE
57BI 5'BO i (f,
(Jl
IS -J 0
OJ o
I576i5760
d ,
C/»
:5747 (^j 15740
•£I
o<5
;5727 5?»n
X)
IT
5714
/^\M -p S f'
•J
0 03
o
>
V
0
0 5701
So V /jus o
o
1
5
&5701 5700 £
V '°&so A __j
o
CO
OJ
(J)
r\)
o
if)
m
4>
ro
oj
CD
RED*IS.W.57TH AVE.)262*3 RD.
Sttotlon 20-3.5S
DIMENSIONAL RBQUIRBMBNTfl
SINGLE FAMILY DISTRICTS
REQUIREMENT
Min.Lot Size
Net Area (sg.ft.)
Frontage (ft.)
Min.Yard Setbacks (ft.)
Front
Rear
Side (Interior)*
Side (Street)
Max.Building Height
Stories
Feet
Max.Building Coverage (%)
Max.Impervious Coverage (%)
RS-l RS
15
-i.
,000
RS-3
40,000 10,000
125 100 75
50 35 25
25 25 25
12.5 10 7.5
20 15 15
2 2 2
25 25 25
20 30 30
)30 40 40
RS-4
6,000
60
25
25
7.5
15
2
25
30
45
SECTION 20-3.6 SUPPLEMENTAL REGULATIONS
(J)Swimming Pools
(1)Swimming pools whichareopenand unenclosed,or
covered by a screen enclosure or a screen enclosure
not coveringaswimmingpool,mayoccupya required
rearorsideyard,subject tothe following
conditions:
(a)Minimumfront setbacks shall beatthe front
building line.
(b)Minimum «?4H<^~;:tb~:r1r~sb«0 1 u-''*'\\
from each side lot line.
(c)Minimum rear setbacks shall be twelve and
one-half (12.5)feet from rear lot lines.
LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI
PROCEDURE FOR WAIVER OF PLAT
1.Applicant submits letter of intent to Building,Zoning and Community
Development (BZCD)Department and a Waiver of Plat Planning Board
Application.The application has to be signed by the owner and notarized.
The Applicant submits,also,a survey of the property prepared by a
Registered Land Surveyor and bearing the Seal of the surveyor.A fee
of $200 hastobe paid at time of submission.
2.The survey must include:
-Legal description of parent track.
-Legal description of each parcel to be created.
-Location of property lines,existing easements,buildings,watercourses
and other essential features.
-Location of existing sewers,water mains,underground and overhead
utilities,culverts and drains on the property.
-Locations,names and widths of existing and proposed streets,highways,
easements,building lines,alleys,parks and other open public spaces
and similar facts regarding property immediately adjacent.
-Date,north point and graphic scale.
-Proposed lot line dimensions.
-Existing ground elevations of "the pxupeily "and extending not less*thatr
25 feet beyond the boundaries of property.
-Existing easements or restrictions shown on underlying plat.
-Location of all buildings,swimming pools,slabs,fences and other
permanent structures on the adjacent properties that would benon
conforming with the creation of the subdivision.
3.Planning Board hears application for waiver of plat.Theycan approve,
modify or reject the application.
4.City Commission hears application for waiver of plat and the Planning
Board recommendation.They can approve,modify or reject the application.
They makea decision in form of resolution.
5.If approved,the Applicant records his waiver in Dade County.
6.If modifications were made to the survey by the City Commission,or other
covenants,restrictions or conditions are requested by the City Commission,
they shall be incorporated to the survey.
.«*•
PB-89-039/PB-90-002
Applicant:
Request #1:
Request #2:
Request #3:
Legal:
Location:
Joseph &Carole Russo
Variance from Section 20-3.5 E to allow a lot of
8,400 square feet where 10,000 square feet is
requiredinanRS-3 Zoning District.
Variance from Section 20-3.6 (J)(c)to allow a rear
setback of10 feet for a swimming pool where 12.5
feetis required.
Approvalof the subdivision of the subject property,
waiving the regular platting procedure.
Lots 11,12,13,18 and 19,Block 3 of AMENDED PLAT
OFSEA VIEW PARK according to the plat thereof as
recordedin Plat Book 17,at Page 80of the Public
Recordsof Dade County,Florida.
5885 S.W.84 Street
Mr Russo signed inand addressed the Board.This lot could comply
with the Ordinances if the pool were removed and the line run
directly through thatarea.Mr.Russo stated that his brother
builds poolsandthatthis one is15 years old and ready to go.He
stated that hemight have chosen to use all of Lot 11 and the
portion of the other lots to create a 10,000 sq ft tract;however,
Mr.Mackey stated that the Metro-Dade County Code of Ordinances
§28cites the "orderly"division ofland.If this proposal were
not considered "orderly",then Dade County would not approve it,
norwouldtheSouthMiami Building and Zoning Department.There
were three neighbors present to speak against this request and Mr.
Mackey displayed aletter from another neighbor stating objections
to the request.Staff recommends denial based upon the fact that
this requestwouldcreatea sub-standard lot aswellas requiring
two variances.Anotionto deny all three of the requests was made
byMr.Gutierrez,seconded by Ms.Gonzalez.
Vote:Approval of denial:5 Opposed:0
PB-90-002
PB-89-039
Applicant:
Request #1:
Request #2:
Request #3:
Legal:
Location:
STAFF REPORT
February 21,1990
Joseph &Carole Russo
Variance from Section 20-3.5 E to allow a lot of
8,400 square feetwhere 10,000 square feetis
required inanRS-3Zoning District.
Variance from Section 20-3.6 (J)(c)to allow a rear
setback of 10 feet fora swimming pool where 12.5
feet is required.
Approval of the subdivision of the subject property,
waiving the regular platting procedure.
Lots 11,12,13,18 and 19,Block 3 of AMENDED PLAT
OF SEA VIEW PARK according to the plat thereof as
recorded in Plat Book 17,at Page 80 of the Public
Records of Dade County,Florida.
5885 S.W.84 Street
ANALYSIS:
Inorderto create two building sitesand retain the existing
poolasa part ofthe parent trackand homesite,the applicant has
requested two variances toallowthe subdivision ofthe property.
This property could besubdividedwithoutvariances to createtwo
buildingsitesin conformance withtheLand Development Codeifthe
poolweretobe filled orremovedfromthe property.
RECOMMENDATIONS
The staff recommends denial.
Note:Minor technical and graphic information was not included
in the originally submitted drawings;however,the final
drawings will be available the night of the meeting.
jUs>**
CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (file in duplicate)
THIS APPLICATION MUST BE COMPLETEO AND RETURNED,WITH ALL.REQUIRED SUPPORTING OATA TO THE OFFICE OF THE
ZONING Ol RECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT AS (OWNER,TENANT,AGENT,ETC.SPECIFY)
r><**fry?.
AOORESS OF APPLICANT CITY STATE ZIP
^-^^J-SCo &y«^r S./U:^^;F).33/V3 '^^<go3^^
PHONE
OWNER
%1 »-£<zp C g.>(2a-./*&f?(AS-f
DATE OWNERSHIP OF PROPERTY OBTAINED
AODRESS OF OWNER CITY STATB ZIP PHONE
ycfvT vSco <S"V^/£./^/G*-^'Fj ^3/^£66-oa#s~
IS PROPERTY OPTION OR CONTRACT FOR PURCHASET
YES X NO
MORTGAGEE *S NAMEANDADDRESS *
IF APPLICANT IS NOT OWNER,IS LETTER OF AUTHORITY FROM OWNER ATTACH EOT
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOT(S)BLOCK//,/2[&f8 a^L /4
SUBDIVISION
METES ANO BOUNOS
YES
SIZE OF AREA COVEREO BY APPLICATION NAMES ANO OFFICIAL WIDTHS OF ABUTTING r/w's
ADDITIONAL.DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING;
NO
z
CHANGE OF ZONING
<*)
EXCEPTION /OTHER (SPECIFY)
VARIANC AMEND SECTION OF CODE flflfee^YUr
PRESENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTEO
EXPLANATION OF ABOVE
t cVu<?hwls-sicrf'6AJK-,
V,
tU^s&'l,
a+^y^^#^S *>**£**#
<j f&S -fre^fc -h~J-^/j,:^^,,
\f CERTIFIED SURVEY-SITE PLAN
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMI TTED'WITH THIS APPLICATION.(L
PART OF APPLICATION.)
TTACHEO HERETO ANO MAOE
PHOTOGRAPHS
STATEMENT OF REASOWS OR CONDITIONS JUSTIFYING CHANGE RKOi <!?&•*!?*•*
PRPPOSED FLOOR PLAN \/HEARDING FEE (CASH OR CHECK)OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION ANO REPRJE^ENTS THE INFORMATION AND^ALL SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLe£/Se ANO BELIEF.""
FOR OFFICE USE ONLY
DATE OF HEARING
P&SI 00-21 REV.3-12-79
£&ft i w<'/''/J HEARING NO.?A •J'l '0?tf
DATE FILED mm