Ord. No. 16-87-1288ORDINANCE NO.16-87-1288
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
GRANTING TWO VARIANCE REQUESTS FORA DOUBLE-FACED
CABINET-CORNER SIGN AND A DIRECTIONAL SIGN
FOR AN AUTOMATIC TELLER AND DENYING A
VARIANCE REQUEST FOR A FLAT SIGN FOR BARNETT
BANK OF SOUTH FLORIDA,N.A.,ON PROPERTY LEGALLY
DESCRIBED AS:
LOT 1,LESS THE NORTH 25f FOR RIGHT-OF-WAY,AND
ALL OF LOTS 2 THROUGH 5 OF WILLIAM A.HOBBS
SUBDIVISION,AS RECORDED IN PLAT BOOK 4 AT
PAGE 111 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA,A/K/A 6262 SUNSET DRIVE,SOUTH MIAMI,
FLORIDA.
PLANNING BOARD AGENDA ITEM //87-Q12
WHEREAS,on Tuesday,June 30th,1987,the Planning
Board of South Miami recommended approval ofa variance for a cabinet-
corner sign for Barnett Bank of South Florida,N.A.;and
WHEREAS,at that time the Planning Board recommended
denial ofa variance request for a flat sign atop the building and
for a directional sign regarding the automatic teller machine;and
WHEREAS,at the City Commission Meeting of
September 15th,1987,the City Commission considered the request on
first reading and considered approval ofthe directional sign for
the automatic teller machine.
NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That a variance for a double-faced
cabinet-corner signanda variance request fora directional signfor
the automatic teller machine for Barnett Bank of South Florida,N.A.,
is hereby granted on property legally described as:
Lot 1,lessN.25'for right-of-way,andall
of Lots 2 through 5of WILLIAM A.HOBBS SUB
DIVISION,as recorded in Plat Book 4at
Page 111 ofthe Public Records of Dade County,
Florida,a/k/a 6262 Sunset Drive,South Miami,
Florida.
Section2.Thatthevariancerequestfortheflat
signatopthebuildingattheabove-describedpropertylocationbe
andisherebydenied.
PASSEDANDADOPTEDthis6thdayofOctober,1987
ATTEST:
READANDAPPROVEDASTOFORM
jdc
CITYATTOBNE
Passedon1stReading:9/15/87
Passedon2ndReading:10/06/87
APPROVED:
-2-
7t/r-
NER:
P REFERENCE:6262 Sunset Drive
Variance #1 to allow 3 flat signs.
Variance #2to allow 1 directional sign.
TYor roUTH JtMWI*PUMMING BOARD
Scale.A".?AQP.V...
Date.June.6,19??..
Drn..ADL .Chk
r«3"»r>*\•-1-••••-•??•
(i;t!«>.VocifhMUmi
PLANNING BO\RU
NOTICF'OF PUBLIC HEARING
OnTuesday,June 30,1987 at7:30 p.m.,the Planning BoardoftheCity
of South Mian.i will conduct tvo public hearings on the following matters:
Public Hearing flPE-87-013
Applicant:Fullerion Associates
Request:A resolution of the Mayor and City Commission amending
prioT Resolution No.109-86-6079 byamendingSection l(o)
regarding Historic Designation oftheOrr Residence;
amending Section l(t)In regard to preservation ofthe
Pond area;and amending Section 3(j)to require connection
tothe Metropolitan DadeCountySewer System.
Location:6491 Sunset Drive (Orr's Pond).
Legal Description:West *s of the Southeast *t of the Southwest h less the
South 50 feet of Section 25,Township 54,Range 40 East,
DadeCounty,Florida.
PublicHearing 0PB-87-O12
Applicant:Barnett Bank
Request II:A variance to allow an additional three (3)flat signs
ona building where the allowed sign coverage areahas
already been granted and is currently being used.
Request 12:A variance to allow one directional sign on a building
where the allowed sign coverage area has already been
granted and is currently being used.
Location:6262SunsetDrive (Advance Tower)
Legal Description:Lot 1 less north 25 feet for right-of-way and all of
Lots 2,3,4and 5,William A.Hobbs Subdivision,PB 4,
Page 111,Public Records of Dade County,Florida.
YOU ARCHEREBYADVISEOTHATIFANYPERSON OESIRES TO APPtAL ANYDECISION MADE WITH RESPECT
TOANYMATTERCONSIDEREDATTHISMEETING OR HEARING,S'JCH PERSON WILL NEED A RECQPO 0F THE
PROCEEDINGS,ANDFORSUCHPURPOSEMAYNCEDTOENSURETHATA VCR8ATIM RECORDOF THE PRO
CEEDINGS IS MADE,WHICHRECORDINCLUDESTHE TESTIMONY ANOEVIDENCE UPON WHICHTHEAPPEAL
IS TO BC IASEO,(P.S,XM.010*)
»CIC HEARING WILL DC HELD IN THC COMMISSIONCHAMBERSAT THE CITY HALL,6130 SUNSET ORIVE,SOUTH
Ml.FLORIDA,AT THE TIME AND OATE STATEO ABOVE,
L INTERESTED PARTIES ARE URGED TO ATTEND,OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MAOE
"EIXSON AT THE HEARING OR FILEO IN WRITING PR«rm TOOR AT THE MEARIWG.THE BOARD RtSCRVEJ THE
HT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THC BOARO CONSIDERS INTHE BEST INTEREST FOR
AREA INVOLVED.THE BOARD'S RECOMMENDATION ON THIS MATTER WILLBE HEARO BY THE CITv COMMISSION
A FUTURE OATC.INTERESTED PAPTIES REOllES fINC INFORMATION AOE ASKEO TO CONTACT THE OFFICE OF T»«S
INO OIRECTORBYCALLING 667-3691 ORBY WRITING.REFER TO HEARING NUMBER WHEN MAKING
)UIRY.
PLANNING BOARO
•oo-?az rev.12-,-.,THIS IS A COURTESY NOTICE
EXCERPT FROM PLANNING BOARD MINUTES OF JUNE 30TH,1987
BARNETT BANK
*>•Public Hearing No,PB-87-012
Applicant:Barnett Bank
Request #1:A variance to allow an additional 3 flat signs
on a building where the allowed sign coverage
area had already been granted and is currently
being used.
Request 02:A variance to allow one directional sign on a
building where the allowed sign coverage area
has already been granted and is currently being
used*
Location:6262 Sunset Drive (Advance Tower).
Legal Description:Lot 1 less north 25 feet for right of way and
all of lots 2,3,4 and 5,William A.Hobbs
Subdivision,PB 4,Page 111,Public Records of
DadeCounty,Florida.
Monica Horwitz,of Barnett Bank and Susan Geiger,Attorney for Barnett
Bank,signed in and addressed the Board.The Applicant would lik*to
install three flat signs on the building known as Advance Tower.
.According to the Applicant,Barnett's presence in South Miami is based
critically on their visibility in the area and signage will allow this.
Attorney Geiger stated it would be a detriment to Barnett Bank's business
to exist at this location without signs,and since this is not a residential
area,the signs would not be a detriment.Attorney Geiger would be happy to
address any q^-tions the Board might.have.
Since there wereno questions,the Public Hearing was closed*
Mr*Hoffmann requested input from Staff*Staff has been working very
closely with the Applicant to work out different alternatives and
understands the need for the Bank to have signage.However,there are
certain requirements in the City of South Miami that restrain signage
In the building.Basically,the position of the Department is that
there is a "hardship"in the sense that a directional sign is needed,
and they need to Indicate to the people coming to the Bank where the
Super Teller machine is to be located.As far as the sign on the top
of the building,itis Staff's recommendation to Applicant that they
negotiate with the building owner to remove some of the existing signs
to accommodate Barnett*
Mr*Hoffmann asked the Board if anyone had any questions of Staff and
complimented Staff on the background and analysis.
Mr*Myers questioned Staff as to their recommendations.Staff recommended
approval of the Super Teller sign and the two bottom flat signs and
denial of the sign on thetop of the building.
Mr*Ligammare asked Ms.Geiger if Staff's recommendation hadbeendis
cussed with the owner of the building,Mr*Weiss,and what was the
owner's response to their request*The owner was unwilling to concur
with the Bank's request to remove some of the existing signs on top of
the building to accommodate Bamett's sign*
MOTION:
Vote:
MOTION:
Tom Cooper moved that the Board deny the first part of
Request til (the flat sign on thetop of the building)
and approve the second pnrt of Request HI (the two
lower signs)*
John Andrews secondedthemotion*
For:4 Opposed:1 (Larry Ligammare)
John Andrews moved for approval of Request #2 (Super
Teller sign)*
Larry Ligammare seconded the motion.
Mr.Hoffmann asked for any further discussion.Mr.Cooper felt that
with two Barnett Bank signs and with the device clearly shown that the
Super Teller sign was not absolutely necessary.
Vote:For:2 John Andrews
Larry Ligammare
The Motion failed*
Opposed:3 Tom Cooper
RobertMyers
Bruce Hoffmann
•o:Marien Aran-Splnrad
Director -Bralding/i
Zoning &COj
trom-Adolfo Dan
CitjAPlan
GENERAL DATA
Applicant:
Location:
Request #1:
Request #2:
BACKGROUND
Cily of Sourti Miami
INTER-OFFICE MEMORANDUM
OATE:
velopment
subject:
June15,1987
Staff Report on Public Hearing
PB-87-012,BarnettBank
(AdvanceTower)
Barnett Bank
6262SunsetDrive(AdvanceTower)
Variance to allow an additional three (3)flat signs
onabuildingwheretheallowedsigncoveragearea
hasalreadybeengrantedand is currentlybeing used*
A variance to allow one directional signona building
where the allowed sign coverage areahas already been
granted andis currently being used*
1.OnMay5,1987,the Environmental ReviewandPreservationBoarddenied
6-0a request from Barnett Bankfor preliminary approval oftwo (2)
flatsigns.Thedenialwasbasedon:
a.The Board felt that the building (Advance Tower)was not designed
with provisions for signage and that a landscape sign would be
considerably betterinthiscase.
b.Thedesignandthelocationwere Improper forthe building.
TheBoardalso recommended ajoint workshop withthe Planning Board to
discuss the signage issue in the City*(Minutes attached)*
2.OnMay 12,1987,after a signage analysis atthe Advance Tower building,
Staff foundthe following:
a.According to Section 6-3-5.02 of the Zoning Ordinance,the buildings
locatedinCommercialOffice(CO)District,whereAdvanceTower Is
located,are allowed tohave "one flat sign,notto exceed 2 square
feet in area for every 10 feet of linear frontage.Corner lots
shallbe permitted one additional flat signonthewall facing the
side street*The area of said sign shall not exceed 50%of the
permitted area of the front flat sign*"Direct illumination0 is
allowed*
Staff Report -PB-87-012 -2-June 15,1987
b.Advance Tower building has presently two flat signs,one that
reads "Advance Tower"(27 s.f.)and another that reads "Worldex"
(13.5 s.f.).Both signs sum a total of 40*5 s.f.,leaving only
0.85 s.f.of the 41.35 s.f.of flat signage allowed for this
building.The figures were calculated for the 275'x 135'corner
lot on which the tower is located.These signs were approved by
the ERP Board on October 7,1986.
c.According to Section 6-3-5.03 of the Zoning Ordinance,this build
ing is allowed to have "two directional signs not to exceed 2 square
feet each in area.Direct illumination".
The building already has two directional signs at the parking entrance
on the west elevation.This means that the "Superteller"sign Barnett
Bank is applying for has to be approved under a variance also.
3.On May 15,1987,the Planning Department received a letter from Acolite
Sign Co.(attached)asking for temporary permits for 3 flat signs and
indicating that Barnett Bank was going to file an Applicant for a variance
regarding these signs.
4.On May 18,1987,the Planning Department received a letter from John J.
Lynch,from Barnett Bank,stating that they were applying for a temporary
permit for various flat signs;thatthey were applying for a variance
to permit the signs permanently and that,if the variance was denied,
they would remove the signs.
5.On May 19,1987,Acolite Sign Co.presented to the ERP Board plans for
conceptual review signage prior to application for variance to the Planning
Board.The ERP Board comments at this meeting were basically:
a.This Board is concerned as to what name the building would be
known as and the resulting confusion.
b*Barnett Bank is apply for too many signs (4)for one tenant*
c*The ERP Board has serious problems with this proposal because the
whole picture is not presented,since there will be an automatic
teller and night depository which will alterate the facade.
Note:The night depository and automatic teller elements were
approved by building permit Issued on by the Planning
Department and without previous approval of the ERPB.
Finally,the Board made the following recommendations:
a*To reduce the number of signs*
b.To have a joint session with the Planning Board and City Manager
to discuss the signage issue.
Staff Report -PB-87-012 -3-June 15,1987
c,Th.it the building should have a primary sign of the name of the
building "Advance Tower";smaller signs for the tenants;and
evensmaller signs for others such as theATM teller.
d.That the City Attorney review the sections of the Zoning Ordinance
regarding temporary signs (6-1-1.21)and temporary permits (6-2-2)
and give legal interpretation on what type of signs they are
allowed to put on and how many times could the permits be renewed.
(Minutes attached).
6.On May 20,1987,the City Manager authorized Barnett Bank to install two
temporary (30 days)signs on Advance Tower,(letter attached).
7.On June 1,1987,Barnett Bank filed at the Planning Department an appli
cation fortwo variances to allow the signs described in the Analysis
section of this report.(Application papers attached).
8.The Planning Department also has an undated letter from Jeffrey J.Weiss
from Advance Development Corporation,verifying his approval for Barnett
Bank's request for the signage at the Advance Tower Building.
ANALYSIS
1.This request has its origin in the fact that the two existing flat signs,
"Advance Tower"and "Worldex",took out almost all the flat signage area
allowed forthe building.That leaves no available space for future
tenantstoadvertisetheirbusinesswithflatsigns.
2.The Zoning Code,however,allows tenants to install "name plates,not
toexceedonesquare foot eachin area,to identify each occupant within
the development,not to exceed an aggregate total area of thirty square
feet.Direct illumination"allowed.(6-3-5.01).
3.Regarding the directional signs,the building already has the two direc
tional signs allowed by Code,as explained in the background section of
this report.
4*The reason why Barnett Bank has to ask for these variances is because
the Advance Tower Building's lessor left no provisions for flat nor
directional signage for their tenants.
5*This building is located in Commercial Office District (CO)which pur
poseisto permit uses which will accommodate professional and business
office space needs in a relatively centrally located manner*(5-11-1,
ZoningOrdinance)*
6*Thebank use is permitted in this district*Staff Inspected other areas
oftheCity zoned as Commercial Office District.Only one of them has
a bank within itsboundaries.PlazaBank Is locatedonSunset Drive
and 62nd Avenue,but itis a single story building with two authorized
flat'signs on its south and west facades*Consequently,Barnett Bank's
request is unique in the City*
Staff Report -PB-87-012 -4-June 15,1987
7.The buildings of more than one story located in CO districts all have
very discrete signage with usually one sign or number identifying the
building,and smaller signs or Interior boards to identify the differ
ent tenants within the building.However,all the otherbanksinthe
City have rather large flat signs to advertise their premises*
8.According to Section 12-2-4 (Zoning Ordinance),"recommendations for
a variance shall be made only when it is necessary to relieve parti
cular hardships or extraordinary conditions relating to a specific prop
erty,and when the strict application of a particular regulation would
result in peculiar and exceptional hardship upon the owner of such
property.Said variance shall comply with the spirit,intent and pur
pose of this provision.Variances shall be granted only for the reasons
of demonstrable and exceptional hardship as distinguished from reasons
of convenience,profit or caprice."
9.From that section,Staff interpreted the following:
a.The hardship shall be a result of given conditions of the property.
b.The hardship shall be affecting the owner of the property.
c.The granting shall be due to reasons other than convenience,profit
or caprice.
10.According to Section 12-2 (Zoning Ordinance)"(...)In arriving at its
recommendations,the planning board shall consider,but not by way of
limitation,the character of the area,the suitability of particular
uses,the conservation of property values and the direction of building
development.(.♦.)".
11.From that section,Staff interpreted the following:
a.It is recommended that every building and property contribute to
maintainthe existing characterofthearea it is located in.
b.Although a bank use is allowed in CO District,it has tobe adver
tised ina discrete manner when located inside a multiple tenants
building.
12*Additionally,Staff has concluded that:
a*It is the responsibility oftheBZCD Department to enforce the Code*
b*It is in the interest of Advance Development Corp*to lease the
available space atitsAdvanceTower building*
c.It is in the interest of Barnett Bank to advertise its banking
facilities at that building.
d.The hardship isnot imposed on the Property Owner,butona lessee*
Staff Report -PB-87-012 -5-June 15,1987
e.The hardship is not imposed by the Zoning Ordinance,but by the
lessor,as he left no provisions for signage for future tenants.
f.There are no peculiar circumstances as to size,shape,natural
features nor location of the land that would impair the owners
right to some reasonable use of the property if literal applica
tion of the provisions of the Zoning Ordinance were enforced.
13*Staff proposes the following criteria be satisfied by a possible solution:
a.Maintain the character ofthe area
b.Facilitate the leasing opportunities
c.Equally advertiseeachtenantina discrete manner.
14.Stafffoundfouralternativesolutions:
s»Granting ofthevariancesasrequested
This would not satisfy criteria mentioned above in13 a.and c.
Besides,other tenants could come before the City asking for
similar variances.
b.Modify the request
In modifying the request,Staff finds two subalternatives:
1)Convert the temporary signs already granted by the City to
permanent.Thismaycarry the same disadvantages ofalter
native a.
2)Approval of one flat sign only to advertise Barnett Bank
facilities within the building.This may not satisfy
criteria c.
c.Defer the application
Conduct a joint session Planning Board-Environmental Reviewand
Preservation Board priortotakingfinal action onthis issue*
Temporary signs could be renovated along this process if permitted
by the City Code*This process,however,could be rather long
andwould not satisfy criteria band c*
d*Denialofthe request
Have building owner and tenants reach an internal agreement on
how they are going to divide among themselves the sign coverage
permitted by the Zoning Code andmake provisions forfuture tenants
to advertise their business as per Code Sections 6-3-5*01 and
6-3-5.02.This would satisfy criteria in 13a,b and c*The
Staff Report -PB-87-012 -6-June 15,1987
temporary signs could be renovated along this process if permitted
by the City Code.The disadvantage would be the financial cost
torthe property owner or lessor.
15.As for the directional signs,staff's opinion is that for this building
the requirements of Section 6-3-5.03 of the Zoning Ordinance are too
restrictive.Staff believes that a directional sign reading "Superteller"
is necessary for the bank customers using the exterior teller facilities
as they complement the existing directional signs at the northwest corner
ot the building and do not identify nor advertise Barnett Bank business.
RECOMMENDATION
1.Staff recommends that Alternative 14d be followed,denial of Request 01
variance to allow an additional 3 flat signs.Rearrangement of the
signage could be done only if the Advance Tower owner agrees to do so.
Barnett Bank could then advertise its premises with its typical flat sign.
2.Staff recommends that Request #2,variance to allow one directional sign
he granted,for the reasons stated in paragraph 15 of the Analysis Section
or this report.
3.In either alternative,Staff believes that the joint session between the
Planning Board and the Environmental Review and Preservation Board is
necessary to discuss the signage issue in South Miami.
ADL:db
M^J-3^1^
2
*wv«il'SWjvg
gl^|TUij of Straifli Miami
INTER-OFFICE MEMORANDUM
*Vj
°;Mark BalkoveSc
Acting Director -Building "^^12>1987
Zoning &Community Development
'•"•'•Adolfo D.Lopez //,
Temporary puLj//!"';lcr Advance Tower Signage
fcftc
tvo^V^ndov^nY^fon8 '"w^T TO"r'In additlon-^«•".
SenF^U%rL„o.>.g'9";-!hre-ERdPB/PPrOVed13 "a<•*«»'•'Uniglobe..trave!approved.I^-"iTi aPP™val,this sign should not have been
have put one plate nLe onlX""'^*torefront "»*«dotage.They should
ADL:db
Att.
Located In:
Loc Dimensionsi
SIGNAGE ANALYSIS FOR "ADVANCE TOWER?"
Commercial Office (C-O)District
275'x 135*corner lot
Signs Allowed 2.0
Section
Signs Installed
Name Sq.Ft,•r>.-
N.wnc I'lateS
Oirecc Ilium.
Fiuc Sikh
Dir»c ilium*
Two Directional
Uirecc Ilium.
or.c temporary
i\..\)citato sign
One temporary
ronst ration sign
Sq.Fc.
1 each
30 .Aggregate
27 main
13*5 second
2 each
10
32
6-3-5.01
6-3-5.02
6-3-5.03
6-3-5.04
6-3-5.05
None
Advance Tower
Worldex
Parking
2
Nowleasing
27.0
13.5
2 each
20
Avail
able
Sq.Ft*
30
0*85
None
Remarks
Directillumination.
Approved by ERPB on
10-7-86
IndirectIllumination
Find out if has permit
from City*