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Ord. No. 16-84-1211ORDINANCE NO.16-84-1211 AN ORDINANCE OFTHE CITY OF SOUTH MIAMI,FLORIDA, GRANTING A VARIANCE TO EDITH MARTINEZ/LILLIAN HERRERATOALLOWFOUR PARKING SPACES IN AC2-R ZONINGDISTRICTWHERESEVENPARKINGSPACESARE NORMALLY REQUIRED FOR AN EATING ESTABLISHMENT LOCATEDAT5975SUNSET DRIVE,SOUTH MIAMI, FLORIDA,AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Planning Board of the City of South Miami, Florida,has considered the variance herein requested and made their recommendation of approval thereof;and WHEREAS,Staff of the City of South Miami,Florida,has considered the variance herein requested and made their recommendation of approval thereof; NOW,THEREFORE,BEITRESOLVEDBYTHEMAYORANDTHECITY COMMISSIONOFTHE CITY OF SOUTHMIAMI,FLORIDA: Section 1.That there is hereby granted a variance to Edith Martinez/Lillian Herrera to allow 4 parking spaces in a C2-R zoning district where 7 parking spaces are normally required for an eating establish ment located at 5975 Sunset Drive,South Miami,Florida,and more particularly described as: Lots 1,2,3,Block 2,COMMERCIAL LARKINS SUBIDIVISON, as recorded Plat Book 26 at Page 29 of the Public Records of Dade County,Florida,LESS the south 15' and tract 2,AMENDED PLAT OF COMMERCIAL LARKINS,as recorded in Plat Book 38 at Page 5 of the Public records of Dade County,Florida,AND that 10'alley lying north and adjacent to said Lots 1,2&3 AND that 10'alley lying west of and adjacent to said Tract 2 AND the east 19'of the north 125'beginning at a point 90.7'east of the SW corner of the SE1.,of the SW'4 of the SEl4 of Section 25,Township 54 south, Range 40 east,thence north 219',thence east 118'to a point of intersection with the west line of the 10' alley lying west of and adjacent to said Tract 2; thence south along the last described line and the west line of said Lot 3 and its SW'LY projection 219* thence west 118'to the Point of Beginning and less all that part of said Lot 1 which lies within the external area formed by a 25'radius arc concave to the NW tangent to the east line of said lot and tangent to a line 15'north or and parallel to the south line o'saidLot 1. Section 2.This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 2nd day of October ,1984 APPROVED:/] fg yypiQ/Qk on 2nd Reading:1Q/Q2/84 APPLICANT:rdith Martine;'Lillian Herrera OWNER:same ».^r> 7 reference:Lots lj2>3 Block 2,Commercial Larkins Subdivi- -.*un,Plat Book 26,Page 29. CC-IMENTS: Variance to allow 4 parking spaces where 7 are required. Special Use permit to allow an eating establishment in a C2-R cim»wnrjmmt1a homing bo*rd PUBLIC SERVI CE DEPARTMENT THE CITY OF ^5outh <JVliavni C.I30 SUNSET DRIVE,SOUTH MIAMI,FLORIDA 33143 ZONING PETITION Property Description,Location and Legal: 5975 Sunset Drive Lots 1,2,3 Block2Commrecial Larkins Subdivision,(Plat Book 26Page29) less the S 15'and tract 2 ammended plat of Commercial Larkins according to Plat Book 38 at page5and that 10!alley lying Nand adjacent to said lots 1,2,3 and that Reci0esal:leyrfley<5)W9Giiso-fb^ntihedJii«Bn±]£oopftid ytrtev2e am ddth&Ife l:96ldfcwing request : Variance to allow four (4)parking spaces where 7 are required. Special Use permit to allow an eating establishment in a C2-R zoning district,as per section 5-13-3r.01 Petition:We,the undersigned property owners,are within 300 feet ofthe above property.We understand and approve the above request.. NAME DATE ADDRESS &L*1 .kyt^o^iM^ii u > ffl- 7©?©r.u.fiAt..'»* P'S^V-F lace T9CL ->i ywi ,o-con i i tin cm I on |>,*n 11 •2 ) 7 A.Hearing If 84-16 '•Edith Martinez/Lillian Herrera Request:Special Use Permit to allow an eating establishment in a C2-R zoning district as per section 5-ll-3r.01. Variance to allow four (4)parking spaces where seven (7)are normally required0 Location:5975 Sunset Drive (Sunset Station Plaza) Legal Description: Lots 1,2,3,Block 2,Commercial Larkins Subdivision (Plat Book 26/29)Less the 5 15'and tract 2 amended plat of Commercial Larkins according to Plat Book 38/5 and that 10'alley lying N and adjacent to said lots 1,2,3 and that 10'alley lying W of and adjacent to said trk 2 and the E 19'of the N 125'beg at a po int 90.7'E of the S.W.corner of the SE k of the S\4k of the SE%of Sec 25,Township 54S,Range 40 E, thence N 219',thence E 118'to a point of intersec tion with the W line of the 10'alley lying W of and adjacent to said tract 2;thence S along the last described line and the W line of said lot 3 and its SLY projection 219'thence W 118'to the P0B and less all that part of said lot 1 which lies withinn the external area formed by a 25'radius arc concave to the NW tangen to the E line of said lot and tangent to a line 15'Nof and Parrallel to the S line of saidlot1. MOTION:By Edward Coburn to approve the request for Special Use Permit andthe request for variance. Seconded by Thomas Cooper. In response to questions by the Board Diana Wheeler explained that the proposed eating establishment would be located on the ground floor of the building and noted that the applicants were present in the room and that they should take the time to address the Board and explain themselves. Mr.Michel son,upon ascertaining that the applicants were present,opened the Public Hearing once more to allow them to speak to the issue. Edith Martinez and Lillian Herrera addressed the Board and in answer to ques tions by the Board stated that the establishment would be open to the front of the building and would have a service entry at the rear. Discussion by the Board followed concerning the traffic that might be generated by the restaurant.Mr.Michel son pointed out that the location is such that the restaurant would primarily serve the building and that no other food estab lishments would be allowed to open.The applicants said that it was their in tention to take orders for delivery as well as service the building in which therestarurantis located. Diana Wheeler noted that had the proposal been for.a full service establish ment,staff would have recommended denial.This business is specifically ori ented toward the office business and delivery would make up the bulk of other sales. Discussion ensued regarding the parking allotment and Mrs.Wheeler explained allotment had been decided by dividing the square footage of the space by 275 which would determine the office space allotment and subtracting that from the calculated spaces needed for a restaurant. Mr.Michel son asked if the variance would create problems regarding charging for parking citing the example of the 7000 Buildiim. Mrs.Wheeler explained that free parking must he provided although the City cannot iict.pt..*the terms of agreement between the tenants and landlord. Rev,Standifer spo,a to the issue noting that the traffic nroblens on Sunset would benefit if the tenants of the building did not have to leave the premises formeals. Mr.Prentiss expressed concern and asked if the buildinq could be requested to designate four,specific parking spaces tor the restaurant and asked that staff convey this to the owner of the buildinq. VOTEONMOTION:Yes-6 MOTIONCARRIEDUNANIMOUSLY. 7 STAFF RECOMMENDATIONS HEARING #84-16 Edith Martinez/Lillian Herrera Staff recommends approval of both requests.The importance of a sandwich shop to primarily serve those persons working in a multi-level office building can be verified by employees of places such as Plaza 7000 and the six story medical office building at 6250 Sunset Drive„ This type of establishment is an integral part of a productive office complex;however,at the present time,South Miami's zoning ordinance does not require that parking calculations for new office buildings in clude the more restrictive requirements of restaurant use„ Staff has reviewed arguements against the requests,but finds that the beneficial aspects greatly outweigh the detrimental ones for the estab lishment of a sandwich shop at this location., Four points to consider are as follows: A large majority of the sanwich shop's patrons will be employed at Sunset Station Plazac The size and advertising capacity of the shop is unlikely to draw a large "outside"audience which will utilize a disproportionate share of parking spaces. The shop is located directly across from the Metrorail Station and as such may be of service to those not needing cars or parking spaces. The shop will provide delivery service„ If a sandwich shop were not located in this building,many of Sunset Station Plaza employees would add to the already capacity conditions of similar type establishments and roadways. It should also be noted,however,that staff would have recommended denial had the application been made for a large or full service restaurant.The intent of the variance and special use permit is to alleviate potential pro blems,not create additional ones. REQUEST: LOCATION: LEGAL DESCRIPTION City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING HEARING:#84-16 DATE:August 28,1984 TIME:7:30 P.M. APPLICANT:EdithMartinez/LillianHerrera Variance to allow four (4)parking spaces where seven (7) are required. Special Use permit to allow an eating establishment in a C2-R zoning district as per section 5~13-3r.01. 5975 Sunset Drive Lots 1,2,3 Block 2,Commercial Larkins Subdivision (Plat Book 26,Page 29)Less the S 15'and tract 2 amended plat of Commercial Larkins according to Plat Book 38at Page 5 and that 1(V alley lying N.and adjacent to said lots 1,2,3 and that 10'alley lying W.of and adjacent to said trk 2 and the E 19'of the N 125'beg ata point 90.7'E of the SW corneroftheSE h oftheSW %oftheSE %ofSec25,Town ship 54 S,Range 40 East,thence N 219',thence E 118'toa point of intersection with the W line of the 10'alley,lying Wof and adjacent to said tract 2;thence S along the last des cribed line and the W line of Said lot 3 and its SLY projection 219'thence West 118'to thePOB and less all that part of said lot 1 which lies within the external area formed by a 25.00' radius arc concave to the NW tangent.to the E line of said lot and tangent to a line 15.00'N of and pari lei to the S line of said lot 1. CITY COMMISSION HEARING: September 18,1984 South Miami City Hall 7:30 P.M. 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 .TTEND.OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN MHION AT THE HEARING OR FILED I f '.'SITING PRIOR TO OR AT THE HEARING.THE BOARD RESERVES THE RIOHT TO RECOMMENC TO ".'3iTY ^.'.MISSION WHATEVER THE BOARD CONSIDERS \i-i THE BEST INTEREST FOR THE AREA INVOLVE.).THE BOARD *S £COM MEND ATIONON THIS MATTER WILLBE HEARD BY THECITYCOMMISSION ATA FUTURE DATE.INTERESTED F .RTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING.REFER TO HEARING NUMBER WHEN MAKING ENQUIRY. PS B100-7 B7.REV.12—9—Bl 7 Bernard Michel son Chairman PLANNING BOARD THIS IS A COURTESY NOTICE