4THE CITY OF PLEASANT LIVING
To:
FROM:
Thru:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Joseph M. Corradino, Interim Planning Director J I
June 2, 201S Agenda Item NO.:~
A Resolution approving a variance based on an application to permit a 3,600 square foot lot
where a minimum of 6,000 square feet is required, to permit a frontage of 40 feet where 60
. feet is required, and to permit an interior side setback of 5 feet where a minimum of 7.5 feet
is required, for a new two-story residence located at 6345 SW 62 Avenue, South Miami,
Florida.
BACKGROUND:
The applicants, Carlos Sierra and Catalina Torres, have requested approval for three variances
of Section 20-3.5(H) of the City's Land Development Code to permit a minimum lot size of 3,600
square feet where 6,000 square feet is required, to permit a frontage of 40 feet where 60 feet
is required, and to permit a side (interior) setback of 5 feet where 7.5 feet are required, in order
to construct a two-story residential structure located at 6345 SW 62 Ave. (Figure 1).
Figure 1
L. L-J
SW 63RD ST ----'--i
8 * I!!
~ 6120 '" I 6130 Rl '" 0
6196 gJ Subject Property
I
8 I
8 m
~ ~ ~ " '" 1 ·e .. ~ ~ ~ ~ 8\ '" '" ~ '" t;l .... I .. m '" I '" '"
I" .
I~
W 63RD TER S --
~ '" ::; (:: ... 10 m 10 10 '"
_~_~L--.
L-
Loti Setback Variance Request
634S SW 62 Avenue
june 2, 20lS
Page2of7
The property consists of a corner lot located in the northeast corner of SW 63rd Terrace and
62nd Avenue, north of US-l/South Dixie Highway with the following legal description:
Lots land 2, less the West 10 feet of Lot 1, in Block 2, of PINES; according to the
Plat thereof as recorded in Plat Book 13 at Page 2 of the Public of Miami-Dade
County, Florida,
The property is currently vacant and is located within the City's RS-4 Small Lot Single-Family
Residential District and within the Community Redevelopment Area (CRA) designated in the
City's Future Land Use Map, (Figure 2),
Figure 2
The City's Land Development Code requires any new construction to meet the current zoning
standards for the particular district where it is located; in this instance, within the RS-4, Small
Lot Single-Family Residential District, The applicants' hardship letter claims the hardship is
inherent in the land as the lot size is a merely 3,600 square feet where 6,000 square feet is
required and as the frontage is 40 feet where 60 feet is required pursuant to Section 20-35(H)
of the Code. The applicants also claim the footprint of the allowable structure would be too
narrow if it were to be constructed under the current provisions; therefore, they are requesting
a variance to permit an interior side setback of 5 feet where 7.5 feet is required.
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C:\Users\mgarcia.CSMl \Documents\6345 SW 62 Ave -Variance -CC Staff Report revised SK.docx
i
Lot/ Setback Variance Request
634S SW 62 Avenue
june 2. 2015
Page 3 of 7
APPLICABLE REGULATIONS
Section 20-3.5H
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS -TWO-STORY
REQUIREMENT I RS-l I RS-2
Min. Lot Size I
RS-3 RS-4 RS-5
Net Area (sq.
I
140,000 115,000 110,000 16,0001 6,000 ft.)
! Frontage (ft.) 125 100 75 60 50
i Min. Yard
I Setbacks (ft.)
'I
Front I 50 35 25 25 25
I Rear 25 25 25 25 25 , ,
i Side (Interior)' For structure 12' or less in height, as measured Refer to Table
from the first floor finished floor elevation 1
I
I
Portion of structure above 12' high as measured Refer to Table I from the first floor finished floor elevation 1
r
Side (Street) 20 15 15 15 15
i
Max. Building Height
I Stories I I 2 I 2 I 2 [ 2 I 2
! Feet 25 25 25 25 25
, Refer to Table
I
Max. Building Coverage (%) First floor 2
I
Max. Impervious Coverage (%) Refer to Table
2
Max. Floor Area Ratio (%) Second floor Refer to Table
2 ..
, Cumulative width of both side yards shall be not less than 20 percent of total lot width.
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C:\Users\mgarcia.CSMl \Documents\6345 SW 62 Ave -Variance -CC Staff Report revised SK.docx
Loti Setback Variance Request
6345 SW 62 Avenue
june 2, 2015
Page 4of7
TABLE 1
New Two-Story Single Family Residential and
Second Story Additions Minimum Setbacks Requirements
(Interior Lot)
r First Floor I Existing Lot Frontage (ft.) ,
Interior Side Setback'
i 40-44
1 7.5 ,
45-49 7.5
50-54 7.5
I 55-59 7.5
: 60-64 7.5
i 65-69 8.5 i'
i 70-74 9.5
I 75-+ 10.0
TABLE 2 (excerpt)
New Two-Story Single-Family Residential and Second Story Additions
Percentage Requirements for Maximum Building Coverage,
Impervious Coverage and FAR
Second Floor
Interior Side Setback;sup\sup;
7.5
9.0
10.0
11.0
12.0
13.0
14.0
15.0
! Lot Size Maximum Building Coverage Maximum Impervious Coverage Maximum Floor Area Ratio ,
1.5,000 0.300 0,450 0.550
6,000 0.300 0.450 0.525
7,000 0.300 0.438 0.500
I
1 I 8,000 0.300 0.425 0.475 ,
1 I 9,000 0.300 0.413 0.450
I
1 10,000 0.300 0.400 0.450
ANALYSIS
The applicant is proposing to build a two-story single family residence that will consist of 800
square feet on the first floor and 800 square feet on the second floor. The proposed structure
will create a building coverage of 22%, where a maximum 30% is allowed, and a Floor Area
Ratio (FAR) of 44%, where a maximum of 55% is allowed. Please refer to the property survey
and site plan illustrating the conditions of the lot and proposed structure,
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C:\Users\mgarcia.CSMl \Documents\6345 5W 62 Ave -Variance -CC Staff Report revised SK,docx
I
Loti Setback Variance Request
6345 SW 62 Avenue
june 2, 2015
Page 5 of?
(1) The subject site is surrounded on the north, south and east by single family homes zoned
RS-4 and to the west by RS-3 Residential single family homes.
(2) The property is currently vacant; however, most of the existing residences in the subject
property's block are currently located in non-conforming lots due to their size.
(3) The three variances requested will have minimal impact on surrounding properties. Hence,
the variances are also necessary to use the property and create a two-story structure within
the permitted density allowed under the single family residential zoning district.
The subject parcel at 634S SW 62 Avenue is considered a legal non-conforming lot of record
and any new construction must meet the zoning standards for the RS-4, Small Lot Single-Family
Residential zoning district. Development of the property is prohibited because the lot area of
the parcel is 3,600 sq. ft. which is below the minimum required lot size of 6,000 sq. ft., and
because the current property frontage is 40 feet, where 60 feet is required (LDC Section 20-
3.S(H)). The third variance requested is to allow a side (interior) setback of 5 feet when 7.5 are
required. Please refer to the proposed Site Plan, Sheet A-OOl, which illustrates the overall
intent. Further, the development will comply with all other City Code requirements.
In June 2008 the City Commission amended the Land Development Code to add specific
criteria for judging variance requests. LDC Section 20-5.9 (HI now requires that all variance
decisions shall be based on an affirmative finding as to each of the following criterion:
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1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The requested lot size and lot frontage variances are necessary to be able ta build
on the property.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property that
distinguish it from other properties under similar zoning restrictions;
A denial of the variances would be an oppressive hardship on the awner by
preventing the property from being used ar built upon.
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
The property was a non-canforming platted lot of record prior to being
transferred to the current owner.
C\Users\mgarcia.CSMl \Documents\634S SW 62 Ave -Variance -CC Staff Report revised SK.docx
Loti Setback Variance Request
634S SW 6Z Avenue
juneZ • .lOIS
Page 60f 7
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
The granting of the requested variances is the smallest possible and the only ones
necessary to allow for the reasonable use of the property.
5. That the approval of the variance will be consistent with the general intent and
purpose of the Land Development Code, and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare.
The approval of the variance is consistent with the City's objective to preserve the
character of the designated structure and neighboring structures, and will allow
a vacant property to be used and for the City to receive property tax. In addition,
the proposed use is the type of use consistent with the RS-4 zoning district and
will be compatible with the abutting and surrounding properties. These objectives
are consistent with the stated objectives of the adopted comprehensive plan and
land development code. The variance requested will have no impact to
surrounding properties.
At the May 12, 2015 Planning Board Meeting, the board reviewed application PB-15-005 for the
requested variances, and following a public hearing on the application, voted 4 ayes and 1 nays
to recommend approval ofthe variances as requested.
RECOMMENDATION
The Planning Board recommends approval of the request as presented. The City Commission
can approve the application as submitted, approve with conditions/modifications or deny the
application. Should the Commission recommend approval of the requested variances, the
development will comply with the RS-4 Small Lot Single-Family Residential zoning district,
Section 20-3.5(H), Dimensional Requirements, including maximum building height of 2 stories
(25 feet), maximum impervious coverage of 45 % and all other City Code requirements.
Additionally, all required pervious materials shall be approved by the Environmental Review
and Preservation Board.
Attachments:
Resolution
Application
Letter of Hardship/Intent
Warranty Deed
Property Survey
Site Plan
Copy of Public Notices
Legal Ad
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C\Users\mgarcia.CSMl \Documents\634S SW 62 Ave -Variance -CC Staff Report revised SK.docx
1 RESOLUTION NO. ______ _
2
3 A Resolution approving a variance based on an application to permit a 3,600
4 square foot lot where a minimum of 6,000 square feet is required, to permit a
5 frontage of 40 feet where 60 feet is required, and to permit an interior side
6 setback of 5 feet where a minimum of 7.5 feet is required, for a new two-story
7 residence located at 6345 SW 62 Avenue, South Miami, Florida.
8
9 WHEREAS, on April 9, 2015 Carlos Andres Sierra Salazar and Catalina Viviana Torres Garcia
10 submitted an application for three variances to construct a new two-story residential structure within the
11 RS-4 zoning district; and
12
13 WHEREAS, application No. PB-I5-005 was submitted to the Planning Board by the applicants
14 Carlos Andres Sierra Salazar and Catalina Viviana Torres Garcia; said application requesting approval
15 of a variance from Section 20-3.5(H) to permit the construction of a new two-story residence, to allow
16 for lot size 3,600 square feet where a minimum of 6,000 square feet is required, to permit a frontage of
17 40 where 60 feet is required, and to permit an interior side setback of 5 feet where a minimum of7.5 feet
18 is required, for a new two-story residential structure located at 6345 SW 62 Avenue, South Miami,
19 Florida, within the RS-4 zoning district; and
20
21 WHEREAS, the approval of a variance requires a recommendation from the Planning Board and
22 the approval of the City Commission after a public hearing; and
23
24 WHEREAS, at its May 2, 2015 meeting, the Planning Board after a public hearing voted 4 ayes
25 1 nays to recommend approval of the variances requested; and
26
27 WHEREAS, there has been an affirmative fmding as to each of the following criterion as
28 required by 20-5.9 (H):
29 1. The variance is necessary to relieve particular extraordinary conditions relating to
30 a specific property;
31 2. Denial of the variance would result in hardship to the owner. Hardship results if
32 the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary,
33 confiscatory or unduly oppressive because of conditions of the property that distinguish it from
34 other properties under similar zoning restrictions;
35 3. The extraordinary conditions and circumstances do not result from the actions of
36 the applicant;
37 4. The requested variance is the minimum variance necessary to make possible the
38 reasonable use of the land, building or structure;
39 5. That the approval of the variance will be in consistent with the general intent and
40 purpose of the Land Development Code, and will not be injurious to the neighborhood or
41 otherwise detrimental to the public welfare.
42
43 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
44 recommendation of the Planning Board.
45
46 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
47 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
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Section 1. The recitals set forth in this resolution are true, that they are supported by competent
substantial evidence and that they are incorporated into this resolution by reference.
Section 2. That the subject application No. PB-15-005 that was submitted to the Planning Board
by the applicants Carlos Andres Sierra Salazar and Catalina Viviana Torres Garcia; said application
requesting approval of a variance from Section 20-3.5(H) to pennit the construction of a new two-story
residence, to allow for lot size 3,600 square feet where a minimum of 6,000 square feet is required, to
permit a frontage of 40 where 60 feet is required, and to pennit an interior side setback of 5 feet where a
minimum of 7.5 feet is required, for a new two-story residential structure located at 6345 SW 62
A venue, South Miami, Florida, within the RS-4 zoning district; and is hereby approved.
Section 3. The approval of the requested variances includes Exhibit A, Site Plan by Crea Studio,
Inc. Architecture and Design (Architectural Reg.: AR95615) dated 03-15-2015, for proposed new two-
story residential structure located at 6345 SW 62 Avenue is incorporated herein.
Section 4. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this __ day of _____ ,' 2015.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sun~et Drive, Sou)h Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 66.8-7356
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: '345 sw ';1.1'\4 Avellv(. Lot(S)!,;.6.. . BlOCK ...2....-Subdivision Yi!je~
PB fL-..:6.
Meets & Bounds:
Applicant: C.~~I~ Atlldn!s ?ieWc. ~CI~~V Phone: TBb f'4T G"ll~ el\.~" VlviMa TbWtS G o.,..c!CI
Representative: Organization;
Address: Phone;
/"1
Property Owner: Co:(' \~~1t.~6"'~ <O;.ie~R\ ~1Gt'!<-\ .... SiQnature: C ~ M-~\ffV'~1oF( (:. [91 . tG\\.I • .1\1.1 VilliA"'I TOi.-eS (; ....... 'ilJl,
Mailing Address: e~o~ l.c.I/<e ~~I ,f'f\ lo'!-Phone: -( "'\~ V . ~v-t>. I'L I ~
Architect/Engineer: Creo. S"'.o.io. /v.e ..
, Af\\It.l ell.los Av-dris ~ltrt"Su(q~,
Phone:1f/i. • n ~~ cO ~ I~
-
AS THE APPLICANT, PLEASE .INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
::bOwner Owner's Representative ·Contract to purchase Option. to purchase Tenant/Lessee
APPLICATION IS HEREBVMADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
_ Text Amendment to LOC ~Variance ..:... Letter of intent
_Zoning Map Amendment _Special Use _ Justifications for change
_ PUDApproval _Special Exception _ Statement of hardship
_ PUD Major Change _Other (Waiver of Plat) _ Proof of ownership or letter from owner
_ Po.wer of attorney
Briefly explain application and citespeciflcCode sections: _ Contract to purc~ase
Regvt.)+ to.-G\. Va.V laAC>< ~..-10 t Sf~ ~ tr"ll+tt"-l-t' .
!... Current survey (1 originaisealedand
signedl1 ,educed copy @ 11"x 17")
V _ 15 copies of Site Plan and Floor Plans
I fel..lul'ft, lotslze b.o 00 sf. O.lIt<4-111A ' 3C9Cos.t. 1 reducedcopy@ 11"x 17"
,\ FrI>I\Ta-at 60\0" " v. Ao'-~\ _ Affidavit-Receipts attesting to mail
notices sent Section:_'. _ Subsection: __ Page#:_· _ Amended Dale:
_ Mailing labels (3 sets) and map
'-ReqUired Fee(s)
The undersigned has read ihiscomplete!'l application and represents that the itlfoimation and allsubmittednmterials are true and
correct to the be he a plicant's knowledge and belief.
.. .... ... ~r\o$~"cI(esSterlgSct.I~1!41 04-of.;;il CIS
Appilcant~s Slgnat\lre an .tille Print Name Date
Uppn receipt,apPlications. and all submitted, materials will be reviewed for compliance with the Ll\Ud Develcpl!1enl Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. . . .
OFFICE USE ON~ Y:
Date Filed, 41 "I ~I?
Petition Required, __ _
Date of PB Hearing bate of Commission ____ _
Petition Acoepted ,-----
Method of Pa rnent
4/16/09X:\FO!Tl)SIPB Application forPublicliearing (Revised 2009),doc
..
City of Soutb Miami, Florida
PLANNING AND ZONING DEPARTMENT
ParU of 4
APPLICATION, MISCELLANEOUS AND DOCUMENT FEES
DATE: tl'lIIS'. .. CHECK NO:
NAME: c.o...,lo$ 1'!vu4"" 3;4-... AS .... 1 .... ~.... --------~--
ADDRESS: fJZ-o.,; ~,d,.~ /)~;,,' ~ 10"'1 PHONE NO: If 81'1-'("112
'; 1> h ...
001.0000.341.3000 ERPB HEARING FEES
Environmental Review and Preservation Board (TOTAL)
Applications for newconstr~ction in lhe RS and.RT ZOning districts
Single dwelling unit ($750)
All othel' applicationsjol': New conslnlction. ($900); Renovation ($450);
Signs ($225 for first sign, $50 fot each additional sign); Revisions, fences, walls, etc. ($225)
For each additional appearance before the Board ($150)
Appeal ERPB decision ($100)
V AIUANCE,.FIRSTREQUEST
001;0000.219.1610 Advertisement"nd Notice F ..................................... ($1,500)
001.0000.341.2000 Admin Fe .............................................................. (SI,500)
EACHADDITlONAL VARIANCE REQUEST.............. ($1;125)
Co<.-I-{Ltc",o/u!1
SPEClAL USEI SPECIAL EXCEPTIO.N
001.0000.219.1610 Advertisement andNotice Fe.s ................................... ($1,500)
001.0000:341.2000 Admin F ...................................................... , ........ ($1,500)
001.0000.341.2000 EACH EXTENSION REQUEST FOR VARIANCE, SPECIAL USE
OR SPECIAL EXCEPTION ...................................... ($500)
OOUOOO;219.1610 REWNING APPLICATION
lQ~~res',l)r l¢ss ($6,QOO)
MOre than I 0 ~creS ($20,2$0)
LIYC TEXT AMF;NDMENT I (General standards, misc. provisions)
001.0000.219.1610 A.dverjisement and Notic.F.es ............................. " .••• : •• (U,5,00)
001.0000.341.20.00 A,dmiit !i'e ........................ ., ...................................... (51,500)
·001.0000.219.16tO
001.0000.341.2000
LDC TEXT AMENDMENT U (Chang' Permitted Use Sch.dule)
Advertisement.nd Notice F •• s ...... , ............................. (SI,SOO)
Admin F'ee., ............... , ... ~ .................. u ........... _ ••............ (S4,500)
PUDIMAJOR CHANGE
00l.OOOO.219.1610 Adv~rtisement and Notic." F.es .................................. (51;500)
001.0000.341.2000 Adm.i" F .••• ; ............................................................ ($3,750)
PUD MINOR, CHANGE
001.0000.341.2000 Admin Vee .............................................................. ($1,500)
GRAND TOTAL
X\Forrris\RecfHpl fonrts\RECElPT.FORM j)atfll·4.J 'Ldoc
prdin;lvceN9,Q4-11·<i077.,aqopted 1-4-Jl .
While copy 10 Planning; Pink copy to Customer; Yellow copy to Finance
(TOTA.L S3,tlOO) ) 2 J'z.~(.2. ,,>i .... _
(TOTAL $ 3,000)
(TOTAL $ 3,000)
(TOTALS 6,(00)
(TOTAL $ 5,250)
Cllva
.ItA' n
Joseph M. Corradino
Planning & Zoning Department
City of South Mia mi
6130 Sunset Drive
South Miami, Florida 33143
Re: Variances for Minimum Lot Size and Lot Frontage for a single family residence located in 6345
SW 62,d Avenue, South Miami. Florida 33143 -Letter of Intent and Statement of Hardship.
Dear Mr. Corradino,
We, Catalina Viviana Torres Garcia and Carlos Andres Sierra Salazar, are the owners of the
property located at 6345 SW 62,d Avenue, South Miami, Florida 33143 (the "Property"). This letter
serves as the required letter of intent and statement of hardship in connection with a request to vary
the minimum lot size, lot frontage, and side setback of a proposed two story single family residence to
be located on the Property.
Description of the Property. The Property is located in the corner of SW 63 Terrace and 62,d
Avenue, west of US 1. The property is own by us and is identified by Miami-Dade County Folio Number
09-4025-009-0100. The Property size is merely 3,600 square feet and the frontage is 40 feet.
The Propertv is located in the RS-4. small lot Single-Familv Residential District. The Propertv
borders RS-4 properties on the North, South, and East side.
Description of the Development Program. We wish to construct a two story single family
residence on the Property. We are not proposing to change the use of the existing area, only to build a
new structure within the permitted density. The Property has been empty for many years. We believe
the construction of the residence will enhance the current street as many of the existing adjacent
residences are in poor conditions.
Description of the Variance Request. Under the regulation contained within the City of South
Miami's Land Development Code Section 20-3.5 (H) and Section 20-3.5 (H) Table 1, properties within the
RS-4 district are required to have a 6,000 square foot minimum lot size, 60 feet minimum frontage, 7.5
feet of interior side setback. As such. we request three (3) variances of Section 20-3.5(H)-Table 1 to
permit a minimum lot of 3,600 square feet where 6,000 square feet are required, to permit a frontage of
40 feet where 60 feet is required, and to permit a 5 feet interior side setback where a 7.5 feet are
required.
Statement of Hardship. Section 20-59 of the Code provides that all variance decisions shall be
based upon an affirmative finding, that the denial of the variance would result in hardship to the
landowner. The hardship must be inherent in the land, and not based upon those involved or the
circumstances in which they find themselves. Further, the provisions provide that a hardship occurs if
the restrictions of the zoning ordinance, when applied to a particular property, become arbitrary,
confiscatory, or unduly oppressive because of the property's conditions which distinguish it from other
properties under similar zoning restrictlol1s. Therefore. ahardshipwduld occur if the restrictions. when
applied to the Property, become arbitrary, confisc~tory, and/orundul\, oppressive because of conditions
ofthe PropertvtoatlJistinguish itfrom other properties under similar zoning restrictions.
Th.eApplicant requests a variance to permit a. minimum lot size of 3,600 square feet where
6,000 square feet are required pursuant to Section 20-3.5 (H) of the Code. The hardship is inherent in
the land as the lot size is merely 3,600 square feet. Due to the lot's peculiar size, the Property is
undevelopable under the minimum lot size regulations of the aforementioned provision. This amounts
toa defect inthe land which deprives usof a right enjoyed by all other owners of adjoining lots. A
hardship would result if the minimum .Iot size requirement of Section 20-3..5 (H) here applied to our
PropertY,becoming arbitrary, confiscatory, andjOr unduly oppri'!ssiVe due to the Property's peculiar size .
. If the.minimum lot size variance is not granted, the Property will be in violation of the Code because the
lot size has historiCallyahd is presently only 3,600 square feet.
Similarly to the request regarding the lot size, we request a variance to permit a minimum lot
frontage of 40 feet Where 60 feet is required pursuant to the Code. The hardship is inherent in the land
asthe lot frontage exists todayet only 40· feet. Due to the lot's nonconforming width, the Property is
undevelopable under the. minimum lot size regulations of the aforementioned provision. This amounts
to a defect inthe.land Which deprives us oftheright enjoyed. by all Other owners of adjoining lots. A
hardship would result. if the miliimum frontage requirement was applied to our Property, becoming
arbitrary; confiscatory, and I or unduly oppressive due tothe Property's peculiar size. If the minimum
lot frontage Variance Is not granted, the Property will be in violation of the Code because the lot width
has hlstoric.sllv and is pres.entlV onlv 40 feet.
In additionWe request a variance to permit ilsldeyard.setback of 5 feet where a 7.5 feet Is
required pursuant to the Code. D.lJe to theli!xistlng frontage and the fact that the lot is located in a
corner requiring a minimum of 15 feet on the street side set back, makes the foot print of the allowable
structure to nartow in nature resulting in a structure not appropriate to the geometry of surrounding
properties. The r¢m~ining yard setb"cks wlllconforin totheCode thus maintaining the views as
requirl;!d by the Code ..
ConClusion. The granting of the requested variance.s would be in harmony with the intent and
purpo~e of the Code, Will not be injurious tothe area involved or otherwise detrimental to the public
welfare. We wish to fo.terth.e re.sictential nature ofthe.neighborhood, consistent with the Property's
current use. Based on these reasons, werespectfullv reQUest your favorable review and
recomme.ndation ofthis.appli.cation. If you have any questions arcomments with regard afthis
application, please can usat786~877"6712.
Sincerely,
Catalina Viviana Torres Garcia Carlos Andres Sierra.salazar
MIAMI DAILY BUSINESS REVIEW
Published D~ily except Sall1l'day, Sunday and
Legal Holidays
Miami, Miami-Dade Counly, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
o. V. FE:ABEYRE, who on oath says that he Of she Is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review flk/a 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 PLANNING AND ZONING DEPT
PUBLIC HEARING MAY 12, 2015 -PB-15-005 & PB-14-006
in the XXXX . Court,
was published in said newspaper in the issues of
05/04/2015
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second crass mail maUer at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he 'or
she has neither paid nOf promised any person. firm or corporation
any discount. rebate, commission or refund for the purpose
of securing t· adverti for publication in the said
newspaper
Sworn to and subscribed before me this
Prepared by and Returned to:
Magda Marcelo-Robaina, ESQ.
Marquez & Marcelo-Robaina, P.A.
6505 Blue Lagoon Dr.ive
Suite 130
Miami, Florida 33126
__________________ [Space Above This Line For Recording
QUI T -C L A I M DEE D
This Quit-Claim Deed made this ~ day of March, 2015, from SISA
& SONS, LLC, a Florida limited liability company ("Grantor"), to
CARLOS ANDRES SIERRA SALAZAR and CATALINA VIVIANA TORRES GARCIA, a
married couple I as joint tenants with right of survivorship, whose
post office address is 8205 Lake Drive, Apt. 107, Doral, Florida 33166
("Grantee") .
WITNESSETH:
THAT, the said first party, for and in consideration of the sum
of ten dollars ($10.00) in hand paid by the said second party, the
receipt whereof is hereby acknowledged, does hereby remise, release
and quit-claim unto the said second party forever, all the right,
title interest, claim and demand which the said first party has in and
to the following described lot, piece or parcel of land, situate,
lying and being in the County of Miami-Dade, State of Florida. to-wit:
Lots 1 and 2, less the West 10.00 of Lot 1~ Block 2, of
PINES, a Subdivision, according to the Plat thereof, as
recorded in Plat Book 13, Page 2, of the Public Records of
Miami-Dade County, Florida.
TO HAVE AND TO HOLD the same all together with all and
singular the appurtenances thereunto belonging or in anywise
appertaining and all the estate, right, title interest lien
equity and claim whatsoever of the said first party, either in
law or equity, to the only proper use, benefit and behalf of the
said second party forever.
IN WITNESS WHEREOF, the said first party have signed and sealed
these presents the day and year first above written.
Signed, sealed and delivered
in the presence of:
Witness
SISA & SONS, LLC, a Florida limited
liability company
By
Manager
STATE OF FLORIDA
ss:
COUNTY OF MIAMI-DADE
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments I personally appeared CARLOS ANDRES
SIERRA SALAZAR as Manager of SlSA & SONS, LLC, a Florida limited
liability company, personally known to me or have produced a Driver
License as identification, who executed the foregoing QUIT-CLAIM DEED
and acknowledged before me that he executed the same freely and
voluntarily for the uses and purposes therein expressed and with full
authority to do so, and who did take an oath.
IN WIT~SS WHEREOF, I have hereunto
seals this ~ day of March, 2015.
ftJ-,.::.~~zz;~· ~ . ~;~1 l;,~~~~~,"~!M~'~~::~.~~~~!I
My commission expfres;
set my hand and official
A
....dn!n..
NDRTH
PROPERTY ADDRESS:
~KR~eD: OF ~UR~T
PREPARED BY:
(j'tGUNTER GROUP, INC.
LAND SURVEYING" LAND PLANNING
flO~!DA C,ERTIAGJ\lE Of AUTI-!ORlZAllON , LB 4507
935(Y S,W., 22nd, TERRACE
MIAMI, FLORIDA 33~65
(3b5) 220-0P73
LOCATION MAP
NOT TO SCALE
SW 63RD STREET
6345 SW 62nd AVellllt:' Somit Miami, FiOJ'ilia 33143.
LEGAL OESCRlPflON:
LoIs I lind 2. JellS Ih~ We~r 10 t<:<:1 ofLUl I, 1n Block 2, ofI'INES; according to Ihe Plar thereof us ItlCOllied in PIilt Book 13 ,u'Pilge:2 oflhe PubJic-
-of Mi"mi-D"de Coumy, FJOl'id:l.
FOR:
CARLOS ANDRES SIERR.A SALAZAR AND CATALINA VIVIANA TORRESGARCIA.
SURVEYOR'S NOTES:
I) This sui"vey was couducw.t for the Jiurpillfe ora "Topogruphic Survey"-oilly :u1d i~ 1101 hll~nded'lo deline,lle dIe regllhllory jurisdiction of nriy
fooeml, ShL!e, w,gionn] or locnl n!l-elley, bouut .. COII)lLIISsioll,o)'olher,alliry.
2) The" tlt'cumcy obmine(i by mellsuremen,l_s aLlil culcuhllioll$ onlhi:,; survey, meetll and exceeds the Minimum "~chnit'(ll Slnndards l\!tluirell1en~
fur il Suburban m~lI (I toot in .7.500 fee!) as spi:icifie~ in C'hlip~l· 5J-I7, Florida AdministnLlive ~ode.
3) The NOl'lh arrow direc[j(jn shown herein is bused on IUL ll!l~umed Meridian.
4) In s<!me c;\~es'gmpliic repreSi'ntali<lll_huve beell ex.uggermed 10 -more deurly iIIlislWle 1\ pmticu!lIl",arei(where dimensiol'ls,shaJl h:\Ve preterence
o.v-,~r ,gmphk loc:tlion,
5) Legal desc-I'jelion was provided by tht: cliellt :illtl is ~Ul:lj~l'( m,lIIY tI~dicalions, Jimi!ll(ioJl:>, l,!!strictiollll r~rvtllii.lll$' or e:.semen'ts of re('tll'll.
6) Exmninnfio)l of thlli Abstmct of Title will Ii,ave to be made 10 delenJ:line record~il in~tnunellf!i, if-uny, llff~til1g tht: pfO~11y; setlrch o(P(lblic
Records not p.:!rfomled by this'office,
7) No e«(on WIlS mude ~Y'lhis unice 10 lacme ~l1ly underground utilities IlmVor structures withhl or abutting the sUl:lject property.
8) This survey IIlIS be-en prep;lU-e1i for the exclusive use of the-l:ll1tllies nnmetl hereon only Hnd lhe-ceniticaliolls hel'eOil do not extend to lilly
ullll1uned panies.
9) Elevmions shown referl\.>d. to Nationul Geodetic VerticlIi DlItlllll (1929), Milmli~[).!d~ COullIY be-nchmllrk NO'i: P-4'OOO, eltwution: 8,51 fe.;t"
lQ\;uted ttt SW ,561h S[]'J!e[,(2neel'.south'orproj.~~t.1ed Soutli edge of PiIVement) ancl SW 62nd A\lentL~ ,(25 feet.EllS[ of projected E:IS! edge or
puvemem;_ PK.naii und bh\lIs,wa.~hel' in SW comer of concl'ell!suppon for truffle conlrol box,
lO) A~cQrding:ro Ihe Nall~nlLl Flood i(lSuflUlCe Prognun. Ihe. sl!bjec~ propelty fulls in -COLT\munjty No. 1:?:0658, Pnnel-Nt;). 045~, :Suffi~ "L"._Dille of
FIRM,09-11~200t). Flood 7.one "X",
II) Conmc{ rhe' upjlJ'opl"illl¢ uuthorities prior to ui)y '(\esig.ll work on the hereon.de:icribed,parcd for Building lIIldZoning-intbrn1mion.
12) Professii,lIInl umd SUryo::Y9f "n~.M~\pper. ill (esponsibl~charg~: Rolundo Onfz,!--,S 4112. 8ti1re ofFIUiida.
13) TJiis,sw''',ey-;is not v:lI\~::wilhoo.tthe sl~ature'lUld the'rulsed seal 'Of a Florida Licensed Land Surveyor Mid Mapper. t--
I hereby cenif)' to I) C:lfl(ffl, Andrt:s SierriJ &llaz;lf lind Cutalhm Vivimlu 'rorJ'l:s Garcia; 2) /I.·tnrtluez {i Mllrceltl-Robaina. ESq:;, ihallhe Skelch of
TOpOSJi"phic_Survey of the described pmpeny is_frill! u!,!d,cqnec1 to the best Of my kilowledge and belief; 'as recently, slU'v¢yed :ihd phit[ed'urid~r
my direction; lliso Ihnl meets the Minimum Techniclli Slundnrd$:rel ill Chapler 5J-17, Florid:! Adminillirmive-Code, punnulllf to Secrion472.QZ7
florida Srmu~.
NOT VALID WITHOUT SHEET 2 OF 2
(SHEET 2 or 2: CONTAINS SKtTCH or SURvt'O
CARLOS ANDRES SIERRA SALAZAR 8 JOB No.: SKETCH No.: DATE: SCALE: SHEET:
CATALINA VIVIANA TORRES GARCIA 15-30134 27493 03-20-2015 1"=20' 1 OF 2
~~~I1J!.'I~R OF ~V,JRV~T ~ PREPARED BY:
E!zGUNTER GROUP, INC, NORTH LAND SURVEYING -LAND PLANNING
flORIDA CERTlFlCAlE OF AUrnOR1ZATlON , LB 4507
9350 S. W. 22nd TERRACE
LEGEND:
<t -CENTER LINE
'" -CONCREiE POl[
• Wpp -WOOD POLE
FOUND·G'-=:.,.c~
N&O
NO 10
MIAMI. FLORIDA 33165
(305) 220-0073
ABBREVIATIONS:
e&G CURB AND GUnER
(Mea5) MEASURED
(R) RECORD
FIP FOUND IRON PIPE
FIR FOUND IRON RE8AR
N&D NAIL AND DISC
SWK SIDEWALK
1
LOT23
BLOCK 2 ~ IFlP 1/2"
'..j#,l~::::.l:t'-':::;:~'::::;:=f'"N~ ~
·j····l·· '. ,',-
1
"'00 1
6'--" 1
"'0"1
1
1 ~\-<..
1 ~~
U ~ \>j '" ~9
1
CO~TAINS A TOTAL
NET AREA OF:
3J91 SO. FEET
1o.08ACRES
LOT1 I LOT2
BLOCK 2 I + BLOCK 2
'" o
I ,a"?
1
1
1
1
1
I ANCHOR ~ Q.~
LOT3
BLOCK 2
FIR 1/2"
NO ID
O.OO'(R) :9.74'(~ as C> 0' SWK
SW 63RD TERRACE " ..... .
.' " ..
NOT VALID WITHOUT SHEET 1 OF 2
(SHEET 1 OF 2 CONTAINS LOCATION MAP AND SURVEYORS NOTES)
CARLOS ANDRES SIERRA SALA2AR & JOB No.: SKETCH No.: DATE: SCALE: SHEET:
CATALINA VIVIANA TORRES GARCIA 15-30134 27493 03-20-2015 1"=20' 2 OF 2
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Svnday and
legal Holidays
Miami, Miami-Dade Counly, Florida
STATE OF FLORIDA
COUNTY OF MIAMI·DADE:
Before the undersigned authority personally appeared
M. ZALDIVAR, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the Miami Daify Business
Review flkJa 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,
beiog a Le~af Advertisement bf Notfce in the matter of
CITY OF SOUTH MIAMI -NOTICE OF PUBLIC HEARING
CITY COMMISSION MEETING FOR JUNE 2, 2015 .
in the XXXX Court,
was published in said newspaper in the issues of
05/22/2015
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami~Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Mlami·Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been en-tered as second class mail matter at the post
office in Miami in said Mlami·Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund fqr the purpose
of securing this advertls en r publication In the said
newspaper,
15
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NonCE IS HEREBY given that the City CommissIon of the City 01 South
Miami, Aoride. will conduct Public Hearlng(s) at its regular City
Commission meeting sCheduled for TUesday'. June 02. 2015 beginning
at 7:00 p.m., In the City commIssion Chambers, 6130 Sunset Drive, to
consider the following item(s):
A Resolution authorizing the City Manager to extend the existing
agreement to the end of the fiscal year and to enter into a 3 year
agreement with Gomez Barker Associates, Inc. for Lobbying
Services as required by the City.
(
A Resolution approving a variance based on an application U
permit 3,600 square foot lot where a mitlimum of 6,000 square
feet is required, fD pennit a frontage of 40 feet where £0 feet Is
required, and to permit an interior side setback of 5 feet where a
minimum of 7,5 feet is required, for a new two-story resldence
located at6345 SW 62 Avenue, South Miami, Aoride. ,
A Resolution approving a variance based on an application to
allow a buHding coverage of 30.5% where a maximum of 30% is
required, for a one-story addition to a single famlly residence
located at7830 SW 57 Court, South Miami, Florida.
An Ord!nance amending Sec. BA~1 (e) of Chapter SA of the City
of South Miami's Code of Ordinances to provide an exception for
solicitation of gifts sponsored by non-profit organizations or that
benefit the City and adopting, a.ppllcable portions of the Mlami~
Dade County e1t~,lcs ordinance conceming such exceptions,
An Ordinance amending the Development Agreement between
South Mlaml Corporation and1he City of South Miami for the
development of the project known as ~Project Sunset", enacted
on June 14, 2005, amended on December 4, 2012, to extend the
expiration date from June 14, .2015 10 June 14, 2025, and to
permil amendments agreed to between South Miami Corporation
and the Cityof South Miami.
ALL interested parties are inVited to attend andwlll be heard.
For further information, please ,contact the City Clerk's Office at:
305-663-6340.
Maria M, Menendez, CMC
City Clerk
Pursuant to Rorida Statutes 286.01()5, the City hereby advises the pubJic
that if a .person decides to appeal any decision made by this Board,
Agency or Commission wlth respect to any matter considered at Its
meeling <;Ir hearing. hE! or she will need a record of the prooeedings, and
that for;such purpose, affected person may need·toensure that!! verbatlm
record of the proceedings is made which record includes the testimony
and evidence upon which the appeal is to be based.
5/22 15-3·20112444856M
I
I
I
I
I r
Q)
:::J
C
Q)
> «
5'-0' E1USIlNG SIDEWALK
63rd Terrace
L--4----------------+
SITE PLAN CD SCALE: i'~ "
~
f
,I[
I
I
~-" 5'-0' ~-O
A = /,~ ,11~ \ ' IH
= ~,
7' JIl\
--
--~ --~ -----
? -~ • ~ 1m
L/
SECOND FLOOR PLA~ ~I~
, '-SCM: j-1 GROUND FLOOR PLAN
• 25'-0' Roor Seihool< 40'-0'
SCALE: j"= "
~-"""'--I------------------+
==+
25'-0'
fronl s.rtbock
/
1 II I II
---rr ---~~=-
WEST ELEVATION
4{I'-O'
EAST ELEVATION
SCM: j"_ t'
j
]
DO
25'-0'
Front S.lback
25'-(1'
Rear Setback
I
I
H ZONING STUDY
""" " PRIMARY ZONING:
SINGLE FAMILY RESIDENce: TWO STORY: REQUIRED
8.ootIS,F.
~Q
PIWVU1~
3,IKXIS.F.
~Q
21'-4'
LOTSIZE:
FII.ONTI\G=:
MAX. BllILDING HElaHT:
w.x. BUILDING COIlERAGE (%):
w.x. IMPERVIOUS COVERAGE (!I~
MAX. FAR:
!l!UlSSAREA!
GIWUND BROSS FLOORAREk
2ND FLOORAREA:
SETBACK REIlUlflEMENT8:
FRONTYAAD
SIDE
OORNERSIDE
SECOND FLOOR SIDE
~
South ELEVATION
NORTH ELEVATION
SCALE: j"_ "
(1WO STORIES) 25'Q
0.30 (&76X'OO)/3500~21.1%"'0.71·
o.m (1,'2lX,oa)13~~~:!
O.!!111 (I,BIlDX ,OO)J:lIlOO_«AII .,0.«
REQUlfiEP
a~
,~
IS'-!l"
~
a~
1,60001.
80001.
BOOol,
PROViDED
~.'
SWWEST
'"~
lI'-Il"WEST
~Q
Prtifo<:I_:
6345 SW 62nd AVE
SOUTH MIAMI, FL 33143
Sheet#::
S_lItIO:
PLAN, FLOOR
I
A-001
20SE I SUNDAY, MAY 24, 2015 SE
-----------'" . "--"
~.~.'''< ,fly,j, '';'q
~;;t ,~1 ,,,,c,l!fj(} ~~
CITY OF SOUTH MIAMI COURTESY NOTICE
NonCE IS HEREBY given thallhc Cit)' Commission of the City of South Mi3mi, Florida will conduct Public Hc~ring:{s)
at its mgularCity Commission mcerillg schedul~d forlu~sd"" !nOf 2 20!5beginningat 7:00 p_m" in the City Commission CharnF 6130 SIIll.wt Drive, to cotl:'lider the folJowillgilem{s):
(
A Resolution authorizing the City Manager to eldend the existing agreement to the end of
the fiscal year and to emer into a 3 year agreement with Gomez Barker Associates, Inc, for
lobbying Services as required by the City.
A Resolution approving a varianca based on an application to permit 3,600 square fool Ion
where a minimum of 6,000 square feat is required, to permit a frontage of 40 feet whera 60
feet is required, and to permit an interior side setback of 5 feet where a minimum of 7.5 feet is
required, for a new two-story residenca located at 6345 SW 62 Avenue, South Miami, Florida.
A Resolution approving a variance based on an application to allow a building coverage
of 30.5% where a maximum of 30% is required, for a one·story addition to a single family
reSidence located at 7830 SW 57 Court, South Miami, Florida,
An Ordinance amending Sec. 8A-1 (e) of Chap!ar 8A of the City of South Miami's Code
of Ordinances to provide an exception for solicitation of gifts sponsored by non-profit
organizations or that benefit the City and adopting applicable portions of the Miami-Dade
County ethics ordinance concerning such exceptions.
An Ordinance amanding tha Developmant Agreement between South Miami Corporation
and the City of South Miami for the davalopment of the project known as dProject Sunsat~
enacted on June 14, 2005, amended on December 4, 2012, to extend the expiration data from
June 14, 2015 to June 14, 2025, and to penni! amendments agreed to between South Miami
Corporation and the City of South Miami.
ALI.. inltlrested parlilffi are invited to attend and will be heard.
For furtll<'T inronnatjoll, pl~"$e contact the C"ity Clerk'" Office :It: 305-663·6340.
Maria M. Menendez, CMC
(Jty Clerk
I"ursuamto Florid, 81lrtu ... 286.01O:>, 1he ("it~ horeb)' oJ'i= 1he public thot ifa perwn d""id .. to"pp".I.ny~c'Ci.i'''' "",de bytjJis B<lrmil'lll:=
~r (",>mtni."ion with"",pc",,' to "Ill· nl'litor ",,,,.idorod.t n. m",,:ting gr he.ring, he <.>r slte will tteed. ",roW ~ftl," """,=lings, mullb" fo, sud!
PIlTJ"Ise. affi>cted l"''''"U m")' "".d to ""'"'" Ib" n "orb'tim record of lb. p",..-eodmgs i. m.do whi<h rn:mI ;DClutl", the testimony ""d .,ideru:e
IlJlO1l which lb" app""l js tn be b.,OIl.
MiamiHerald.com I MIAMI HERALD
PALMETTO BAY
Palmetto Bay Council
talks traffic; residents vent
BY MONIQUE O. MADAN
mmadan@MiamiHerald.com
The Village of Palmetto
Bay Council met on Monday.
THE MAIN ITEM
Residents vented at the
Village Hall podium Monday
night, telling their tales after-
rible traffic on their streets.
The mayor and council
members listened and then
discussed traffic calming ini-
tiatives. such as speed bumps.
traffic circles and signs that
would filter non-residential
traffic during certain times of
the day.
COWlcilman Tim Schaffer,
who brought the item to the
agenda. warned residents
that although they will dis-
cuss possible solutions, the
village has "no say" in what is
done on the roads.
"Our roads were COD-
structed by Miami~Dade
County," Schaffer said. "We
have no control over penna-
nent decisions on county
roads."
Schaffer was referring to
main artery roads such as
U.S. 1, Southwest 136th Street,
152nd Street, 168th Street and
184th Street, as well as 87th
Avenue, 77th Avenue and
parts of 67th Avenue.
"Those are all county
roads; we can't touch those.
We can make suggestions,
but we can't take initial
responsibility," he said.
OTHER BUSINESS
• Village manager: The
council deferred an item re-
garding a new village manag-
er position to the next meet-
ingonJuneL
THEY SAID IT
"We can make temporary
calming adjustments to our
interior roads, but it can't be
on major roads. And you
have to understand that it's
going to take cooperation
from the neighbors."
-Coundlman Schaffer
YOU SAID IT
"I don't really like the
speed bwnp idea but at this
point, anything will help ...
spikes?"
-Palmetto Bay resident
THE NEXT MEETING
• When: 7 p.m. June 1
• Where: 9705 E. Hibis-
cusSl