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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