Res. No. 077-06-12218RESOLUTION NO.77-06-1 2218
A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST TO EXTEND FOR
AN ADDITIONAL ONE YEAR PERIOD A VARIANCE FROM SECTION 20-
3.5G OF THE LAND DEVELOPMENT CODE WHICH WAS APPROVED BY
RESOLUTION NO.82-05-12061 ON JUNE 14,2005;THE VARIANCE
APPROVED WOULD ALLOW THE LOT SIZE OF A BUILDING SITE
LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61
AVENUE,SOUTH MIAMI,FLORIDA 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 ALL ON PROPERTY WITHIN THE "MO"
MEDIUM-INTENSITY OFFICE ZONING USE DISTRICT;THE PURPOSE OF
THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A FOUR STORY
MIXED USE BUILDING;AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,ApplicationNo.PB-05-011 wassubmittedtothePlanningBoardby
CustomDesignProperties,Inc.,saidapplicationrequestingapproval of avariancefrom
Section 20-3.5(G)of theLandDevelopmentCodetoallowthelotarea of a building siteto
be9,927feet,whereaminimum of 10,000feetisrequired,on property withinan "MO"
MediumIntensityOfficeZoningDistrict,specificallylocatedatthenorthwestcorner of SW
71st StreetandSW 61st Avenue,SouthMiamiFlorida;and
WHEREAS,theapplicant'splanstodevelopthepropertywithafourstorymixed
use building will require alotsize variance;and
WHEREAS,onMay10,2005thePlanningBoard,afterpublichearing,voted5
ayes0nayto recommend approval of thevariancerequest;and
WHEREAS,theMayorandCityCommission of theCity of SouthMiamiatitsJune
14,2005meetingapprovedtherequestedvariancebyadoptingResolutionNo.82-05-12061;
and.
WHEREAS,Section20-5.9 of theLandDevelopmentCodeprovidesthatapproved
variancesshalllapseaftersix(6)months if nosubstantial construction hasoccurred,unless
theCity Commission extendsanapprovedforvariancebeyondthesixmonthperiod;and
WHEREAS,attherequest of theapplicant,ResolutionNo.82-05-12061containeda
condition allowing the approved variance toextendoneyearuntil June 14,2006;and
WHEREAS,the applicant's representative has submitted a letter dated May 4,2006
requesting an additional one year extension until June 14,2007 based onthefact that the
recent Evaluation and Appraisal Reportcontains recommendations changing theLandUse
and zoning classifications forthesubjectpropertywhich may impact whatis permitted on
the site.
Res.No.77-06-1221
(2)
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1.ThelotsizevariancesubmittedbyCustomDesignProperties,Inc.andapproved
byCity Commission ResolutionNo.82-05-12061 adoptedonJune14,2005allowinga lot
sizevariancefora building sitelocatedatthenorthwestcorner of SW71StreetandSW
61 Avenue,South Miami Florida,is hereby extended to June 14,2007.
Section 2.This resolution shallbe effective immediately after the adoption hereof.
PASSED AND ADOPTED this
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READ AND APPROVED AS TO FORM:
in ,2006
Commissioi
Mayor Feliuv
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
E:\Comm Items\2006\5-16-06\Variance Extension SW 61 Av SW 71 St Resol.doc
5-0
Yea
Yea
Yea
Yea
Yea
To:
Via:
From:
Date:
Subject:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
w
2001
TheHonorableMayor Feliu andMembersofthe City Commission
Yvonne S.McKinley,ActingCity Manager
Don O.Donniley,Planning Director
May 16,2006 M.ITEM NO.
A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TOA REQUEST TO EXTEND FORAN ADDITIONAL
ONE YEAR PERIOD A VARIANCE FROM SECTION 20-3.5G OF THE LAND
DEVELOPMENT CODE WHICH WAS APPROVED BY RESOLUTION NO.82-05-12061
ONJUNE14,2005;THE VARIANCE APPROVED WOULD ALLOW THE LOT SIZEOF
A BUILDING SITE LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET
AND SW 61 AVENUE,SOUTH MIAMI,FLORIDA TO BE9,927 SQUARE FEET AND
LOT FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE
FEET IS REQUIRED ANDA MINIMUM OF100 FEET OF LOT FRONTAGE IS
REQUIRED ALL ON PROPERTY WITHIN THE "MO"MEDIUM-INTENSITY OFFICE
ZONING USE DISTRICT;THE PURPOSE OF THE VARIANCES IS TO PERMIT THE
CONSTRUCTION OF A FOUR STORY MIXED USE BUILDING;AND PROVIDING FOR
AN EFFECTIVE DATE
Request:The City Commission atits June 14,2005 meeting approved Resolution No.82-05-12061;which
granted to Custom Design Properties,Inc.,alot size variance to allow a building site area tobe 9,927 feet (
minimum 10,000 feetrequired)anda frontage whichisonly95feet (minimum 100feet required)Theapplicant's
property is located at the northwest corner of SW 71st Street and SW 61st Avenue.The single variance to allow a
substandard lottobebuiltuponcanincludeoneorboth dimensional deficiencies (areaor frontage).
TheLand Development Code (Section 20-5.9)provides that approved variances shalllapseaftersix(6)months if
nosubstantialconstructionhasoccurredunlessextendedbytheCityCommission.Attherequest of theapplicant
the approval in 2005 contained a condition allowing the approved variance to extend oneyear until June 14,2006.
The applicant's representative hasnow submitted aletter requesting an additional oneyear extension untilJune14,
2007basedonthefactthatthe recent EvaluationandAppraisal Report contains recommendations changingthe
LandUseandzoningclassificationsforthesubjectpropertywhichmayimpactwhatispermittedonthesite.
Recommendation:
Itis recommended thatthe requested extension of thevariancebeapproved.
Backup Documentation:
Draft Resolution
Letterfromapplicant'srepresentativedatedMay4,2006
Resolution No.82-05-12061
Public Notices
DOD/SAY
\\MCGRUFF\PLANNING\Comm Items\2006\5-16-06\Variance extensionCM report.doc
Bilzin Sumberg BaenaPrice&Axelrod LLP
A PARTNERSHIP OFPROFESSIONAL ASSOCIATIONS
200 SOUTH B1SCAYNE BOULEVARD,SUITE 2500
MIAMI,FLORIDA 33131-5340
TELEPHONE:(305)374-7580•FAX:(305)374-7593
e-mail:info@bilzin.com•www.bilzin.com
May4,2006
Via Hand Delivery
Yvonne Soler McKinley
Interim City Manager
City of SouthMiami
6130 Sunset Drive
South Miami,Florida 33143
Jerry B.Proctor,P.A.
Direct Dial:(305)350-2361
Direct Facsimile:(305)351-2250
Email:JProcior(a)bih.in.com
Re:Requestfor extension oftimefora variance
Property:Northeast corner of S.W.71st Street and
S.W.61st Avenue,City ofSouthMiami
Original Applicant:Custom Design Properties,Inc.
(ApplicationNo.PB05-011)
FolioNos.:09-4025-011-0170 and 09-4025-011-0160
Dear Ms.McKinley:
This law firm represents the owner,Robelo Kelly Holdings,L.L.C.(the "Owner"),of the
property located the northeast comer of S.W.71st Street and S.W.61st Avenue in South Miami
(the "Property").On June 14,2005,the City of South Miami Commission (the "City")
unanimously granted the Owner's request for two variances from the City's zoning regulations
for lot size and frontage to pemiit 95 feet of frontage (100 feet required)and 9,927 square feet of
lot area (10,000 square feet required).A copy of the approving Resolution is attached.Section
20-5.9 of the City's code states a "variance approved pursuant to Section 20-5.5 shall lapse after
six (6)months if no substantial construction or change ofuse 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."In this case,the City Commission granted our request at the June
14,2005 hearing for the extension from six months to one year for both variances.The one-year
periodrunsuntilJune 14,2006.
MIAMI 1057385.1 7632623021
5/4/06 9:21 AM
Ivonne Soler McKinley,Interim City Manager
Page 2
May 4,2006
Please accept this letter asour formal request to extend the approval for the variances on
the Property for one additional year until June 14,2007.The request is justified bythe fact the
Cityis still inthe middle ofits 2005 Comprehensive Plan Evaluation and Appraisal Report
("EAR")process.The Owner hoped thatthe EAR process would be nearing completion,butthe
initial City approval was delayed by approximately 6-8 months.The Department of Community
Affairs currently is reviewing the EAR amendments and hasyettoissueits Objections,
Recommendations and Comments ("ORC")report.If approved,boththe Comprehensive Plan
designation and zoning will change intheareaofthe Property.First,the Land Use Map inthe
areawillbeamendedfromTransitOrientedDevelopment District ("TODD")andMixedUse
Commercial/ResidentialtoTODDinitsentiretyandthezoningwillchangeonthe Property
fromMediumIntensityOffice(MO)toTODD MU-5.Sincetheparameters of whattheOwner
willbe able develop may greatly change,the Owner hasbeenclosely monitoring the outcome of
the EAR process.The EAR process will conclude inthenextyear and the extension oftimefor
the variance will provide sufficient timeforthe process tobe completed.The extension oftime
is necessary forthe Owner to know exactly what his rights areastothe Property,specifically
whatthe zoning and comprehensive plan designation willbe.The Property wasvacantbefore
the 2005 zoning process and remains vacant today;therefore,thereisnolossintax revenues to
the City asa result.
Thank youforyour consideration ofour request andpleasecontactme if youhaveany
questions or require any additional information.Ifatall possible,I would appreciate placement
ofthisitemasa resolution ontheMay 16,2006City Commission agenda.
MIAMI 1057385.1 7632623021
5/4/06 9:21 AM
Very truly yours,
Jerry B.Proctor
JBP:ad
cc:Arnold Robelo
Don O'Donniley,Planning Director
Maria Menendez,City Clerk
LuisFigueredo,Esq.,City Attorney
Alexandra Deas,Esq.
S 30Vd
RESOLUTION NO.82-05-1 2061
A RESOLUTION OF THE MAYOR &CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATINGTOA REQUEST FOR AVARIANCE
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 FEETIS REQUEUED AND A MINIMUM OF100FEETOFLOT
FRONTAGEIS REQUEUED ONPROPERTYLOCATEDATTHE
NORTHEAST CORNER OFSW71 STREET ANDSW \61 AVENUE,SOUTH
MIAMI,FLORIDA,WITHIN THE "MO"MEDIUM^NTENSITY OFFICE
ZONINGUSE DISTRICT;THE PURPOSE OF THE VARIANCE ISTO
PERMIT THE CONSTRUCTION OF A FOUR STORY MIXED USE
BUILDING;ANDPROVIDING FOR AN EFFECTIVE DATE
WHEREAS,Application no.PB-05-011 was submitted :to the Planning Board by
Custom Design.Properties,Inc.,said application requesting approval ofa variance from
Section 20-3.5(G)of the Land Development Code to allow the lpt area ofa 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 atthe northwest corner of
SWll 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
IWHEREAS,the approval ofa variance requires a recommendation from the
Planhing Board andthe approval ofthe City Commission after a public hearing;and
iWHEREAS,onMay 10,2005 the Planning Board,afterpublic hearing,voted5
ayesjO naytorecommend approval ofthevariancerequest;and:
jWHEREAS,theMayorandCity Commission of theCityofSouthMiamidesireto
accept the recommendation ofthe Planning Board.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THEj CITYOF SOUTH MIAMI,FLORIDA:
Section I,Thatthe subject application submitted by Custom Design Properties,Inc.
requesting approval ofa variance from Section 20-3.5(G)oftheLand Development Code
to fllow thelotareaofa building sitetobe 9,927 feet,whereaminimumof 10,000 feetis
requiredonproperty specifically locatedatthenorthwestcorner of SW71 StreetandSW
•Avenue,South Miami Florida.61
Section 2.Thattheapproval of thesubjectvarianceisbaseduponthe following findings:
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2 of Res.iNo.82-05-12061
S 3DVd
a)177k?existing property issmaller than the minimum sitesizerequiredby the.Land
DevelopmentCodeandcannothedevelopedwithoutavariancewhichconstitutesa
hardship.
h)\The variance requested is of a small,incremental nature and would have minimal
impact on surrounding properties.
c)that the variance shall beextendedforan additional six-monthperiod.
Section 3.This resolution shall be effective immediately afterthe adoption
hereof.
PASSED AND ADOPTED this 14,h,day of June.2005
ATPEST:
Q^mP>-&~~\
ROAD AND APPROVED AS TO TORM:
APPROVED:
Commission;Vote:4-0
Mayor Russell Yea
Vice Mayor Palmer:absent
Commissioner Wiscombc:Yea
Commissioner Birts-Coopcr:Yea
Commissioner Sherar:Yea
F:\qomin Items\2005V»-l4-05\V<irianec SW 61 Av SW 71 St Resolui.ion.doc
'•Wdir-Z 90-f-AVH •8fE9e99S0e ilWVIW HinOS =10 A1I0 'AQ 1N3S