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Ord. No. 06-87-1278ORDINANCE NO. .6-§7-1278 AN ORDINANCE OFTHE CITY OF SOUTH MIAMI,FLORIDA, DENYINGAVARIANCEFORA 2'10"SETBACK WHEREA 10' FRONTSETBACKISREQUIREDFOR PROPERTY LEGALLY DESCRIBED ASTRACTA,LESSTHEEAST 118'OFBLOCK 1, THE NORTH 129.07'OFBLOCK 1,ANDLOT3OF ROSSWOOD SUBDIVISION,AS RECORDED INPLATBOOK13ATPAGE62 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA,A/K/A 6075 SUNSET DRIVE,SOUTH MIAMI,FLORIDA,33143 AGENDA ITEM PB-87-006 WHEREAS,Security Federal Savings and Loan has requested a variance for a night deposit ramp for the handicapped at 6075 Sunset Drive;and WHEREAS,on March 24th,1987,the Planning Board recommended denial of the variance. NOW,THEREFORE,BEIT ORDAINED BYTHEMAYORAND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA: Section 1.That a front setback variance for a setback of 2'10"where 10'is required for property legally described as: Tract A,less theEast 118'of Block 1, theNorth 129.07'ofBlock 1,andLot3 ofROSSWOODSUBDIVISION,asrecordedinPlat Book 13at Page 62of the Public Records of Dade County,Florida,a/k/a 6075 Sunset Drive, SouthMiami,Florida,33143,3143 is hereby denied. PASSED AND ADOPTED this 19th day of May ATTEST: READ AND APPROVED ASTO FORM CITY ATTORNEY Passed on 1st Reading:5/5/87 Passed on 2nd Reading:5/19/87 APPROVED: 1987. g-£>•>c"*-t:J\i »i 1.. -Lff>—'•*&•*If.V rf-H P^-XT*, .0?. $3 19 \^ *m .**/ MS i .&*£. APPLICANT: OWNER: MAP REFERENCE: CCV.'^NTS: Security Federal Savings Security Federal Savings 6075 Sunset Drive,SouthMiami,FL VarianceinsetbacktoputonAutomatic TellerMachineandRampforHandicapped atfrontofthebuilding. CITY of SOUTH MIAMI -PUNNIKG &0M*D i .0* ^_ X V) ! ContD?ss Scale..;*.*.-.1.09!.. Date.March..10.,.1$87. Drn..ADJ...chk Hearing No.87r9Q6.. "1 Mnrk C.Balktn'ek •'-2 -March 23,1$87 Staff Report-PB-87-006 If the projected night depository for use of the handicapped was part of the Bank expansion plan,it is a hardship for the Bank due to the fact thatbecauseofthe Sunset Drivewidening,theydonothavetheproper setback to build the ramp. If the night depository was not part of the expansion plan,they still can claim a hardship in that they no longer have enough setback to expand their operations. In the actual building and site design,the best place to put the night depository and ramp isthe location they are requesting. The ramp is located and projected in such a way that protects the pedes trian and handicapped customers from the traffic flow and therefore isin compliance withthe purpose ofthe C-2-R District. 4.CHRONOLOGY October 7,1986 The request was presented to the Environmental ReviewBoard.TheApplicant withdrew hisrequest due to insufficient data. October 21,1986 There wasno representative for the Applicant and therequestwastabledbytheERPBoard. November 18,1986 The request was passed 5/0 in the ERP Board meeting. March 31,1987 The Applicant appears before the Planning Board. 5.RECOMMENDATION Staff recommends approval of the Applicant's request for the following reasons: A.It complies with the purpose of the "C-2-R"District ofa pedestrian- oriented environment. B.Itisnotbasedon reasons of convenience or caprice. C.The ramp is designed asto protect the pedestrian and handicapped users. ADLtdb Pub]ic Win'.No.87-006 -Security.Federal Saving.*J^"*"^^"••vTrliSTrSrihTproposal of installing a ramp for the handicapped 6075 Sunset Drive,South Miami. Peter Cagle and Jorge Azze presented this request before the Board in behalf of Security Federal.The plans were reviewed and Mr.CagleexplainedthattheBankwantstoputinanautomatictellerfor™* deposit,and they lack the proper setback ^^^^"^J^king aSunsetwaswidenedtoputinahandicapramp.The **£***e™0*variance for this purpose.The Board questioned P«"l"«'£/^r£orSunsetDriveinthefrontoftheBanksinceSunsetls•^°!h^*°rthroughSouthMia.i.The suggestion was to put he ^™J*%££ay with the teller still in the front and to lower the teller and want ay so there would be no need for a variance. M0TI0N:Richard Prentiss moved to deny the application. Christopher Cooke-Yarborough seconded the motion. Christopher Cooke-Yarborough stated he felt there were anumber of other ways the ramp could be put in and maintain the security with a compro mise by putting the ramp and teller on the west side of the **££»with sufficient security and preserve the landscape Carrier in front the building.There are anumber of ways ***™»£*?^*c tellerenhanced.Mr.Prentiss expressed his preference for the •?*«""?tellerwindowinthefrontof-the building,but the ramp on the •"•f1^Sunset Drive is the major sidewalk in the »"•^^^^^JSod.be dramatically reduced with the ramp.He feels there are ™*d which would not compromise the safety of the people.*-***£"£****with Mr.Prentiss and he felt the visibility from the Police Stat ion across the street would still be good and there would be parking. Mr.Cagle asked for approval at this time,realizing they will come back with a raised walk in front of the bank,for a variance for just the walk so they can go ahead and draw the ramp on the side to save a step in the process,based on the Bank's approval. Mr.Coburn responded he did not believe that would be permitted as it would have to be advertised and presented that way.The City Attorney advised that with the motion before the floor for denial,the applicant would have the ability to go before the Commission.If the applicant wishes to make a decision at this time to modify the plans,then the applicant would need to realize it would have to go back to the Environ mental Review and Preservation Board and again to the Planning Board, ifit were tabled or withdrawn at this point.As for partial approval, the only thing the Board could address at this meeting would be the variance for the purpose of installing a ramp for the handicapped as advertised. Christopher Cooke-Yarborough commented that he believed the two foot terrace as well as the ramp would be encroaching the setback which is the turning ramp.Mr.Azze said there would be no problem for others reaching the teller if the teller were lowered.Mr.Cooke-Yarborough thought the variance should be for the entire structure,the ramp and the terrace. Chairman Coburn suggested to the Board that the applicant make a decision as to whether they want the Board to go ahead and vote and take it to the Commission as it now stands,and if the Commission turned it down, then the process would have to be started over.If the Commission denies it,it would be a year before the application could come back.If they deny without prejudice,it would be a six month period.The City Attorney advised that if the application is withdrawn at this time,then any change would go,as previously stated,back to the ERPB and the Planning Board.The Code states,"When any request has been acted upon by the Commission and has been denied or failed to pass,such proposed change in the same or substantially similar form shall not be reconsidered by the Commission for a period of at least a year."If they did not need a variance,they would have to go again before the ERPB but not the PlanningBoard. Mr.Cagle indicated he would like the Board to go ahead and vote,and Mr.Hoffmann cautioned that they should not go on anything that has been represented as what miflht ho relevant to other areas.The Board is not making any representations or determinations on any other sites or locations. 1HI CIU O * *^_5on//i i^ylliiiifri '1.*H>l •t-1 s»,»v>rt >•:.»»*»• li St i:VICC ZONING PE71TIC' Property Description,Loratior ar-*L^sa ::S3.'.TJ .:r^.t.-Al £A\T«S ANZ 1/.AN AsS'.CL-.::/• *-—,c-.si»:<r.vc,So--1-.y_=r-.Fl:r:ia -ji:;i:All c:31 oca 1 of PsItSWXC,»jr-:-r-i.-.:•.:v '"at thereof re-cried u\Flat Bco>.13,Page 6:if thePublic Pecr-rss of Daie Cr»_-.ty,Fl:r:ii less thVfor.cvinc describe:parcel:Bee—._-..=at ths NT corner of the aforer«=,-.tior.ei rl:c.-.. ran S along the Elme of Bloc/.1,a distance of 129.07*toapointthenceder.ectxng .-.•.-<: mir.totheright,run 116'toapoint;thence run K and parallel totheE line of BlocV.1••• Request:The Owners of the above property hivo -••»Jo the-I o!;~>*i nu request: SECURITY FEDERAL SAVTMGS AND LOAN ASSOCIATION OF SOUTH MIAMI is requesting a variance.SECU RITY FEDERAL wishes to put in an automatic teller and night depository along with a rarp so that disabled customers might use the same.Due to the widening of Sunset Drive,SECURITY FEDERAL lacks the necessary setbacks to put in this ramp.Therefore,a variance is needed sc that this ramp may be built to assist the handicapped inusingthe automatic teller anc"nighi depository. *•* a distance of128.44 feet to the North Line of Block 1;thence Easterly,along the North lire of Block 1a distance of 118 feet to the Point of beginning. Petition:We,the undersigned property owners,are within 300 feet of the above property.We understand and approve the above request. NAME DATE ADDRESS Uzy-yu flCCScJ 7/si SI.S.An/*, /',Vv^ h-.^GAj^fsJ^V^)~tK-?*t ^/^r <$~u^*c^^€ 37 (continued on page 2)Page 1