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PB MINS 11-08-60 - 12-10-63c ,- '-" ",-,. t: --- Present: HINUTES OF THE REGULAR }ffiETING OF THE SOUTH }UAMI PLANNING AND 20 :ING BOARD, NOV EMBER 8, 1960, AT THE SOUTH MIAr-II CITY HALL AT 8:00 P.H. Chairman Stanton Carl Paden Hyron Keys James Ferguson, Jr. Albert Corsiglia John Baau George Kramer Thomas Foster Leon Thaler John Converse Ex Officio: J. L. Greene Absent: R. E. Rutledge, Jr. Mr. Foster, seconded by Hr. Converse, moved that the minutes of the special meeting of October 18, 1960 be approved as individually read. Polled -Motion carried unanimously. Mr. Paden, seconded by Mr. Brau, moved that the minutes of the regular me e ting of October 11, 1960 be approved corrected (Re: Ci- anflone Plat ~ Polled 9 Yes -1 No Kramer (Trees should be removed from dedicated R/Iol by developer). Polled -Motion carried unanimously. ~~-;:.{~. -:HB~ ~:~:--:;. Chairman Stanton then read the notice of public hearing on the ap- plication of E. B. Brown, owner of Lot 6 Block 4 Cocoplum Terrace Addition Subdivision, for a variance or special use permit to allow an upholstery and/or sign shop at 6470-648 0 S ~V 62 Avenue. The area of notification was 300 feet. There were no letters receiv ed by the Board either for or against this application. Mr. Brown was present and stated that his request was based on exist- ing zoning uses on this strip of SW 62 Avenueo After due consideration, the Board, by action noted below indicated they desired to resurvey this area before acting on this application " Mr. Brau, seconded b y Mr. Paden, moved that the E. B. Brown a?pli- cation be tabled until the n e xt me e ting of the Planning and Zoning Board. Polled -Motion carried unanimously. '.< ~. \....., o -2- Chairman Stanton then read the notice of p ublic hearing on the application of Mr. & Mrs. W. V. Holloway, owner of the w80' of Tract A and Lots 1,2 Brewer Manor Subdivision for permission to retain the E 5' of Lots 1,2 for the purpose of placing a driveway to the rear of Tract A. Location: 6645 Sw 76 ~errace. The area of notification was 300 fe e t. There we re no letters received by the Board either for or against this application. November 4, 1960 To the Zoning Board of South Hiami: We would like permission to retain five feet from the rear of the two lots, legally known as Lots 1,2 Brewer Manor, adjoining our home . This would enable us to have a driveway to the r ear of our house . \"e would appreciate your consideration in this matter . Sincerely, Nr . & Mrs . W . V . Holloway '-' 6645 SW 76 Terrace Nrs. H . Meyer was present and stat e d that as purchaser of Lots 1,2 Brewer Manor Subdivision fr om the Holloways she had no ob jections to the application. BOARD'S ACTION ON PUBLIC HEARING Re : Hr . &. }1rs . W. V. Holloway t1r . Paden, seconded by Mr. Corsiglia , moved that the Planning and Zoning Board recommend to the City Council that the application of Hr. It, Mrs . W . V . Holloway, owners of the W 75' of Tract A and Lots 1,2 Brewer Hano r Subdivision be officially allowed to retain the E 5' of Lots 1,2 Brewer Na nor Subdivision a nd further that Lots 1,2 Brewer Hanor Subdivision be c on side red as individual bu ilding sites. Location: SW 67 Avenue and S \,I 76 Terrace. ~;H:·~:· Polled -8 Yes 1 Ab stained 1 No -iHH:· ~HH~ Hr . Paden, seconded by Mr . FORter,moved that the a p plication of the Reve r e nd E . P. Brown o f !'it . Oli ve Baptist Church be removed from the table. Polled -}1o tion carried unanimously. The Reverend Bro l-In introduced }1 r. o . K. Houstoun, archi tect for the church. Mr . Houstoun presented a plot plan and perspective of the ~ c c c -3- proposed l ayout of the church and stated that the p r oposed location on the plot plan gives the maxi mum separation (setbacks) pos s ib l e and stil l meet the seating requirements of the church . All off stree t parking has been e l iminated . BO ARD 'S ACTION ON PUBLIC HEARING Re: Mt. Olive Baptist Church }l r . Br a u, seconded by Mr . Fo .'-ter , moved that the Planning and Zoning Board recommend to the City Counci l that the application of the Ht . Olive Baptist church , owner of Lots 12 ,13 Block 2 Ha~let Subd i vis i on for variances of : Front setback -5 feet . Rear" -40 " Side" -38 .5 feet each side be g r anted in view of apparent inabi l ity of the churc h to obtain additional land area adja c ent to subjec t prope rt y . A further conside r at i on o f thi s recommendation being that a church has e x i sted on this property for many years and needs rep l acing as it is a frame bui l d i ng . It i s a l so r ecommended that a variance be granted el i mi nating a ll o f f st r eet parki ng due to size of lots and the fact that this is a "walk to " chur c h . Location : 6316 S '} 59 Place .:: .. :: .. :~ Pol l ed -1 0 Yes o No ·:HH:· There b eing the meeting no furth e r busines~, by motion and properly was adjourned at 9:15 P . N . By: i . t /ivz(24UU J . LV Greene , Zoning Inspector ~:-:H:' seconded , -_. ~ '-- c c· ~rrNU TE S OF THE REGULAR NEi.!.'TING OF THE S OU TH f1IM'!I PL ANN I NG AN D 7,ON H m BO./l RD, DEC GHBER 13, 1960, AT THE ROUTH ~HMH CI TY HAL L AT 8 :00 P. M. Pr e s e nt:J a ck St a nton, Ch a irman Myron Ke ys Ge orge Kr am e r Al be rt Cors igli a Ca rl P a de n Thom a s Foste r John Co nv e r se J ames E . F e r guson, Jr. Ex Offici o : J. L. Greene Abs e nt: R. B . Rutle d ge , Jr. Le on Tha l e r J ohn Brau Mr . F e rguson, s e c on de d b y Mr . Fos t e r, mo v ed t h a t the minut e s o f t he r egul a r me o t ing o f No vemb e r 2 9 , 1 960 b e approve d a s indiv idua lly r ead. Polled -~lo ti o n c a rrie d unani mo usly. -:H :";:--lHH:--:HH~ Ch a irman Sta n ton the n r ead the no t ice of p ublic h e aring on the appl i cati on of Iv e rs on Head, own e r of th a t prope rty d e s- cribe d as Be gin 115' W of SE corne r SE t Sllfi run W 9()' N 2()(l' E 9 0 ' S 20 0 ' to POB of 3 e c t ion 2 5 -5L.-40 , fo r a cha nge of'·'zoni ng f r om RU -l t o C-l on the rear 1 00 f ee t. The area of notific a tion wa s 30 0 '. The r e we r e n o l e tters re c eive d b y t h e Bo a r d e ithe r for o r aga ins t this a p plicat ion. P l anning a nd Zoning Bo a rd Ci t y of S o uth }1 iami Ge ntle men: No vemb e r 15, 1 9 60. Att a c he d is my applic a tion f o r r e zon in g the b a ck 100 f e et of my p r o p e rty a t 6 209 -6 211 Sun se t Drive . ,i ould like this bac k 100 f ee t to b e r e z on e d to e qual zoning of t h e front 100 f ee t a nd the ad j o ini n g prop e rty on the e ast and we s t s i de of t h is prope rty . Re sp e ctfully y ours, Ive rson Head The r e we r e no obj e ct o rs t o t h is applic a tion. ~ r ' -2- BOARD'S ACTION ON PUBLIC HEARIN G Re: Iverson Head Mr. Ferguson, s e conded b y Hr . Kramer, moved that the Planning and Zoning Board r e commend to the City Council that the application of Iverson Head , owner of that property described as Begin 115' W of SE corne r SE t Svlt run W-90' r 200 ' E 90' S 200' to POB of Se ction 25-54-40, -for a change of zoning fro"1 RTT -l to C-l on the r ea r 1 00 ', h e fT rnnt c d a s thil' ,rill conform t o trw d €)l t h o f C-l zonod proP "rty to the west . Location: Nt .. corne r of SunS f t and SW 62 Avenue. -:HH:- Polled -A Yes o No ~E:-~:-~H~-~:- Chairman Stanton then r ead the notic e of public hearing on the application of John Trabold, ol-mer of Lots 4,5 Block 2 McKee v e r Terrace Subdivision a nd R. K. Fink, at- torney for owners of Lots 1 through 3 Block 2 t'!cKeever Terrace Subdivision and Lots 1 thro ugh 5 Block 1 NcKeever Terrace Subdi vision, Lots 11 through 24 Block 2 B.ird hoad estates Subdivision and Lot~ 1 through 5 and 8 through 11 Block 1 Bird Road Es tates Subdivision for a change of zoning from RU -2 to C-l. Planning and Zoning Board City of South Miami Gentlemen : November 28, 1960 This application is made for the specific purpose of re- zoning this prop e rty to C-l to a llow for the erecting of a 7-11 store on two of these lots, plans and specifi- cations for which have b ee n submitted , and to open the way for negoti a tions leading to other desirable business improve- ments. The present zoning on this property, namely duplexes, is in every way lillsuitable for the following reasons: 1. It fronts on an art e rial highway with heavy traffic a ll year round a nd espe cially during the racing season with resultant noise, dirt and hazard especially to children. The acces~ to the n e w e xpressway nearby, opening soon, will t e nd to make this situation considerably worse. 2. Some of the properties in question have a frontage of 25 f e 6 t and some fifty fe e t with a depth after further stree t widening anticipated of only 85 feet. A lot 25 x 85 has a square foota ge of only 2,125 feet, and a lot 50 x 85 has a square footage of only 4,250 feet. The pre sent zoning requires a minimum square footage of r '-- c c -3- of 10,000 square fe e t. It is obvious that these lots are too small for dup l exes . This situation came about because this property was pla tted in 25 foot lots, in- tended for busines~ use, and sold as such. In the block betwe e n 64 Avenu e and 65 Avenue , the City has already rezoned a lar ge parcel to business and the County has rezoned the rest of the block to B-3 and a gas station and tire company are already in operation there. This is the situation on the we st boundary of the prope rt y for which this request for r e zoning is being made . On the east, the City has already rezone d to G-l a ll of the property in the City whi ch fronts on Bird Road . In othe r 1M) rds the City has a lre ady rezoned to C-l a ll of the prop e rty in the City which fronts on Bird Road e xcept these four blocks. Meanwhile we are paying taxeR on this property year after y e ar without b e ing able to mak e use of it be caus e of i mp rope r zoning. We f ee l that it is time that the strip was brought int o conformity with C-l zoning throughout so that some progress can be made in imp roving it. All of the property on Bird noad from Red Road to Snapper Creek is either a lready i r.:proved or bein g rapi d ly improved with businesses. 'l 'h e f o ur blo cks in que ~tion for whi ch this ap- plication is made constitute an island in the midst of what is now cownonly known a s a business stro e t. There are no homes on this prope rty except one wh1~:'is combine d with the Real E stat e Office . The only other im- prove ment is a church which op e r a t e s a nurs e ry schoo l for which it makes a charge . The church is using a large part of its property for a parking l ot . If this property is not rezoned for business it wi ll remain vacant with very negli r,ible r evenue to the City and a very substantial loss to the owners . the FHA has rep ea tedly refused to insure mortgage s on this prope rty on the ground that Bird Road is an arterial highway and that it is not suitable for residential use. Business improvements will bring the City substantial income in taxes which will derive to the b e nefit of all. Recently the Court r u l ed that the zoning on this property was unreasonabl e: and dire cted the City to give this property a more liberal zoning. Putting two famili e s whe r e it is not suitable for one does not solve the problem or cha nge the nature of the zoning in any way . This problem has existe d for t o n y e ars or more w·1~hout a satisfactory solution. In the light of this and a ll of the above facts He feel that the matter should be reconsidered, and that the only solution is for the City to rezone this prope rty to C-l. We respectfully request that the P lanning and Zoning Board and the Council rec ons ider t his matte r carefully, in the light of all of the above, and fe e l confident in a ll reason and fairness that a rezoning of this property to C-l will be finally decided upon, and e ff e cte d. Respectfully submitted, Robert .X. Fink ,- c -4- 6294 S ~i 41 Stree t Miami 55. Florida December 10 , 1 960 CITY OF SOUTH HL'-\JIH PLANNING f.ND ZO NING BOARD Re; Rezoning hearing for John Trabold and R . K . Fink as attorney for owners Gent l emen: It is very distressing to us to have to again express o u r distaste for the rezoning of a few lotts on Bird Road to C -l . tve have had to do this every two years since we bought our property in 1 948 ~ Now it comes up again just two months since the last hearing . lrJe do not need any !'lo r e eyesores or traffic bottlenecks on Bird ROAd. Traffic is so bad now , one cannot enter Bird Road without a long wait for an opening . The lots are not deep enough (l(j6 ft .) for sufficient off stroet park i.ng . We oppose this rezoning due to the lacl{ of a need or want for additiona l businesses in this quiet residential neighborhood .~/e do not ne ed or want any more eyesores that are a lways having vacancies or business tur novers as Hitness th e Bird and Dudlum Roads area . Please give us home owners your greatest consideration in this matter and keep our area residential as it is and was when so many of us invested in our homes . Sincerely , Hr . and rl rs . Eugene B . Simpson Mr . Fink, Hr . Trabo l d and Hr . Hoehner spoke in beha l f of this application. Several property owners in the area were present and voi c ed strong objections to the application for a change of zoning and variance as r e queflted . See lett e r above as typica l o f objectionfl. After leng thy discu ss ion, the Board acted as fo llows : Mr . Fos te r , se conded by I"Jr . Conv e r se ,mo ved that the appl i- cation of John Trabold and R . K . Fink be tabled unti l the next regular meeting of the P l anning and Zoning Board . Po l led -Mo tion carried unanimously • . ;:--::-~:--:H:-~:--:HH;- Mr. Corsiglia, seconded by Hr . Foster, moved that the application of E . E . Brown , owner of L ot 6 Block 4 Cocoplum " r' G -5- Terrace Addition Subdivision, for a variance or Special Use permit to alloH an upholstery shop and sign shop at 6~.70-80 SlN 62 Avenue be removed from the table. Polled -Notion carried 1L."lanimously . Af t e r l e ngthy discussion about this strip of C-l zoned property from SH 64 Stre e t to S I,J 68 Street on the Hest side of Sl-J 62 Avenue , the Board took the folloHing action: Hr . Paden, seconded by llr . Corsi"lia, moved tha t the appli- cation of E . B . BroHn be tabled until the next regular meeting . Polled -Hotion carried unanimously . -:~--::-~~--;:--;:--;:--::--;.~-;:- The next item of business was the revis ed final plat of CIANFLOlffi Subdivision . BOARD 'S ACTION ON FlNAL PLAT Re: Cianflone Subdivision I1r . Ferguson, s econded by l'1 r. l"oster , moved that the Planning and Zoning Board r e commend to the City Council that the final plat of CI AN FLONl:!: Subdivision be approved insofar as zoning is concerned . Location: S1II eO Stree t and SH 58 Avenue. ~:--:i--::- Polled -I'> Yes o No -;:-~H ;' ~H :·~:- The next item of busine ss was a tentative p l an of Glasser and Kl ein to create tVIO building sites on Lots 1,2,3 Block 12 Seaview Park c;ubdivision Amended , by facing the houses on sw 51'> Avenue . SeJ 58 Avenue to be paved by developer . The Board indicated that H r . Glasser and Nr . Klein should submit a formal application to the Board . ~HH:--;:--;H:--;HH:- The next ite m of business was a tentative p l an submitted by H . J. Hoodwin and Associates , architect for Norman Kutne r, lesse e of Lot 16 H . A . Larkins Subdivision . This tentative plan shows a seven story building , first floor as business shops and six floors as apartment-hotel with no off streot parking provided by applicant . '.L'he applicant requested that th e Board consider the nearby city parking lots as adequate to p rovid o n c c o f, sary nnrking for t c n s nts of this p r op os ,d building . It VIas po i n t e d Ol lt by apnJ.icant thnt tho city would dorive income from parking meters due to tenants parking over night . - '-.J -6 - Mr . );'oster , seconded by Nr . Corsiglia , moved that the tentat ive proposal for a seven story apa rtme nt -ho t e l b e tab l ed and the secretary contact City of fl iami Beach a nd City o f l'I i ami to de t ermine if they g i ve cons i deration to this t ;T p e of ap p l icatio n based on mun icipal parking l ot s bein/! l ocated adjacent to o r nea rby a.nd if they do -wha t p robl ems have deve l oped , if any . Po l led -Ho ti on carried u nan i mously . There being no fu rth e r business , by mot i on and properl y seconded , th e me e tin g was adjo u rned at 1 0:15 P .M. By: o 0jJ, (/"/'1 " J<CUJ eU J . L . -Greene , Zo n ing-Inspe ctor '- c c tUWTES. OF THE REGULAR r-lEEI'ING OF ... THE SOUTH HIAHI PLANNING AND ZONING BOARD, JANUARY 10, 1961, AT THE SOUTH HIAMI CITY HALL AT 8: 00 P.M. Present: Jack Stanton, Chairman Hyron Keys George Kram8r Albert Corsiglia Carl Paden John Converse James Ferguson, Jr .• R. E. Rutledge, Jr. Leon Thaler John Brau Ex Officio: J. L. Greene Absent: Thomas Foster Mr. Paden, seconded by Mr. Rutledge, moved that the minutes of the regular meeting of December 13, 1960 be adopted as individually read. Polled -Motion carried unanimously. ~H :-~:-{:-·:H:· ~H:-* Chairman Stanton then read the notice of public hearing on the ap- plication of the First Baptist Church of South Miami, owner of Lots 1 through 5, st 6, S~ 22 and Lots 23 through 26 Poinciana Park Re- vised PB/P 41/4. Also, Lots 23 throu~h 26. S 45' of Lot 22 and Tract 2 of W. A. Hobbs Subdivision PB/P 4/111, for a change of zon- ing from RU-l to C-l. The area of notification was 300'. There were no objections re- ceived by the Board by mail. The Reverend Max Morris and Mr. Lucien C. Proby addressed the Board on behalf of the Church stating the following reasons for their request: 1. The Church desires to move to a larger (acreage) location as the cost of land adjacent to this property in question is priced out of their reach. 2. A group desiring to establish a bank in South Miami has agreed to purchase the vacant property owned by the Church in Poinciana Park Subdivision as a site for a proposed bank. However, a change of zoning is necessary in order that this banking group may apply for a state charter. 3. pave the of their The sale of these lots in Poinciana Park way for the Churdh to purchase elsewhere property, including the existing church, Subdivision will and offer the rest for sale. There were no objectors to this application present. '- 'O"....l ... BOARD'S ACTION ON PUBLIC HEARING Re: First Baptist Church of South Miami Mr. Keys, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council that the application of the First Baptist Church of South Miami be DENIED for a change of zoning to C-l on Lots 23 through 26, the S 45' of Lot 22 and Tract 2 of W. A. Hobbs Subdivision PB/p 41111. However, the Board recommends to the City Council that a change of zoning from RU-1 to C-1 be GRA NTED on those lots described as Lots 1 through 5, S~ Lot 6 S~ L 22 and Lots 23 thru 26 Poinciana Park Revised PB/p 41/41. Po11ed-6 Yes 4 No Kramer, Corsiglia, Paden and Thaler ~: .. :: .. :;. -*-i:-* {Hh'} Chairman Stanton then read the notices of public hearing on the ap- plications described below and the Board considered them as one application. Ap plication of Harilee H. Gaz1ay, owner of Lots 13,14 Block 3 Wester- field Manor Subdivision PB/p 18/47, for a change of zoning from RU-l to C-l, for the p urpose of e r e cting a conforming comme rcial building on this property. Application of Edna C. Gladden, owner of Lots 13,14,15 Block 6 West- erfield Manor Subdivision PB/p 18/47, for a change of zoning from RU-1 to C-l for the purpose of ere cting a conforming commercial build- ing on this property. Ap plication of Charles Ivanick, owner of Lots 25,26,27 Block 7 Wester- field Man or Subdivision PBlp 18/47, for a change of zoning from RU-l to C-l for the purpose of erecting a conforming commercial building on this property. The area of notification was 300' on each of these ap~lications. Letters and petitions of objection (approximately 100) were received by the Board. Mr. Rogers Edwards, attorney for applicatns, addressed the Board stating that his clients are unable to sell their property for RU-l use. Parking will be locate d to egress from the side streets rather than on Red Road. Mr. Edwards presented a petition signed by several property owners in the area waiving any objections to this proposed rezoning. A plot plan was submitted showing typical use. Approximately 100 property own ers from the area-City of South r·~iami. Coral Gables and Dade County-were present objecting to these appli- cations for rezoning. The City of Coral Gables as well as the Dade County Zoning Department officially objected to these applications for rezoning. Summary of Objections: 1. No justification for rezoning as there are residences adja- cent to this area on the west side of Red Road as well as across Red -2- '-- v l · Road in Coral Gables; therefore, these lots can be used for residences. 2. Co mmercial use will increase traffic problems-entrances and exits will add to the accident hazard on busy Red Road. 3· Sub-marginal busine ss adversely affects this residential area. 4. does not The existing shopping c ente r offers comple te services and need t o be e nlarged or extended. 5. Increas e d traffic endangers children going to and from scho o l. BOARD'S ACTION ON PUB LIC HEARING Re : Harilee H. Gazlay l"f r. Rutledge, seconded b y Hr. Corsiglia, moved that the Planning and Zoning Board r e commend to the City Council that the application of Har ilee H. Gazlay , owner of Lo ts 13,14 Block 3 We ste rfield Hanor Sub - division PB/P 1 8/!,7, for a change of zoning from RU-l to C-l b e deni e d for the f o llowing r easons: 1. No hardshiJ:) s how n. 2. Lack of need for extension of comm erci a l zoning in the area. 3. Proposed chan ge will not promote the health or welfare of the citize ns of the area. 4. Propose d change does not conf o r m with the proposed Ma ster P lan. Loc ation : NW corne r SW 42 Stre e t and Red Road. Polled -10 Yes o No BOARD 'S ACTI ON ON PUBLIC FEAR I NG Re : Edna C. Gladden }1r. Corsi glia, seconded by ~1 r. Thaler, moved that the Planning and Zoning Board reco~mend to the City Council that the application of Edna C. Gladden, owner of Lots 13,4,15 Block 6 l.Je sterfield t1 anor Sub- division PB /p 1 8/47, for a chan ge of zoning from Ru-l to C-l be deni e~ for the followin g reasons: 1. No hardship shown. 2. Lack of need for e xt ension of c omme rcial zoning in the area. 3. P roposed cha n ge will not promote the health or welfare of t he c itizens of the area. 4. Proposed change does not c o nform with the proposed Master Plan. Location NW corne r SW 42 Terrace and Re d Ro a d. Polled -10 Yes o No -3- BO ARD'S ACTI ON ON PlJBLIC REARING Re: Charles Ivanick "' . Hr. Kramer, seconded by Hr. Paden, moved that the Planning and Zonin g Board recommend to the City Council that the application of Charles Ivanick, owners of Lots 25,26,27 Block 7 Westerfield Hanor Subdivisi o:.·. PB/p 18;\7, for a change of zoning from RU-l to C-l be denied for tho following reasons: 1. No hardship shown; 2. Lack of n e ed for extension of commercial zoning in the area. 3. Pro-posed change will not promote the health or welfare of the citizens of the area. 4. Proposed change does not conform with the -pro p osed Haster Plan. Location SloJ corner m·J 4.2 Terrace and Red Road. Polled -18 Yes -::-;:--::-No ;:--::--:, .:~-:: .. ::. Hr. Keys, seconded by Hr. Rutled p:e, moved that the matter of the application of John Trabold a nd R. K . Fink be removed from the table , (Tabled at meeting of December 13, 1960). Polled -18 Ye s o No '--' BO ARD'S ACTI ON ON PUBLIC Hl::ARI NG Re: John Trabold and H. K. Fink Mr. F e rguson, seconded by Mr. Paden, moved that the a pplication of John Trabold and R. K. Fink be denied. Legal Description: Lots 1-3 Block 2 HcKeever Terrace Subdivision Lots 1-5 Block 1 McKeever Terrace Subdivision Lots 11-24 Block 2 Bird Road Estates Subdivision Lots 1-5, 8-11 Block 1 Bird Road Estates Subdivi~'·· Location: Bird Road-South Side-betwe e n SI-J 61 and 64 Avenues. Polled -9 Yes 1 No Corsi g lia ~HH:· -lHH:· -::--:H~ The re being no fruthe r business, by motion and properly seconded, the meetin g was adjourne d at 10:15 P.M. By : ~ vJ.,e ,. of.-.: !j';~-~ ~~~0~~~~<7~~~~~~~= J. L~ Greene, Zoning Inspector '-- '-' :--.' .• '-.! MINUTES OF THE REGUL AR ~1EETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, JANUARY 31, 1961, AT 8:00 P.M. Present: Jack Stanton-Chairman George Kramer Myron Keys John Brau Albert Corsiglia Carl Paden Thomas Foster Leon Thaler John Converse Ex Officio: J. L. Greene Absent: James Ferguson, Jr. R. E. Rutledge, Jr. Mr. Corsiglia, seconded by Mr. Paden, moved that the minutes of the regular meeting of January 10, 1961 be adopted as individaul1y read. Polled -Motion carrie d unanimously. ·:H H;~ ~HH~ ·:H~~:· Chairman Stanton then read the notice of public hearing on the application of S. R. Rand, attorney for the property owners of all of W.A.Hobbs Subdivision, for a change of zoning from RU-l and RU-2 to C-l. The area of notification was 300 feet. Mr. Rand addressed the Board stating that with commercial zoning on the east, south and north the property owners in W.A.Hobbs Subdivision submit to the Board that this subdivision should be C-l and that there is hardship present due to the adjoining C-l usage. Dr. C . M. Ove rstreet 7320 SW 63 Aven ue South Miam i 43, Florida TO THE SOUTH 11IAl'lI PLANNING AND ZONING BOARD --MR ... J AGK STlrNTON,yH AI RMAN On behalf of my own household and those of my neighbors on 63 Avenue south of Sunset, with Whom I have discussed this proposal to rezone the W.A.Hobbs Subdivision, we wish to r egister our ob- jections. We feel that: 1. There is already quite a bit of vacant business property on Sunset east of 62 Av e nue. 2. We who li ve on 63 Avenu e are afraid that rezoning this area to C-l would devalue our property. Mo st of us along this avenue have lived here a good many years, and have v .. ~ .. " -2 - spent considerable money and a lot of time and effort in keeping our property in good shape . 3. In the brochure recently put out by the City of South Miami a long range Master Plan for the City was outlined . This reque st for C-I zoning of this a r ea would not be in accord- ance with the Master Plan as we understand it. It is our hope that your Board will reject this application for rez oning this area . BOARD'S ACTION ON PUBLIC HEARING Re: W.A.Hobbs Subdivision Mr . Kr amer, seconded by Mr. Corsiglia, moved that the Planning and Zoning Board recommend to the City Council that the application of S. R. Rand , attorney for property of the entire W.A .Hobbs Sub - division, for a change of zoning fr om RU -l and RU -2 to C-l be denied at this time for the following reasons: 1. Lack of p lan for develo pment . 2 . No hardship . 3. Sufficient undeveloped C-l zoning in the area . ~_. Wi ll not serve the best interest of the City at this time . C Location: sw 62 Avenue , Sunset Drive , SW 62 Place and SW 74 Street . c Polled -Motion carried unanimously . -:HH:-~:--:H:-~:--:H:- Chairman Stanton then read the notice of public hearing on the application of Norm Kutner, 99 year lessee, of Lot 16 W.A.Larkins Subdivision for a variance on all off-street parking to allow construction of a seven story apartment -hotel with stores on the first floor . The area of notification was 300 feet. Several lette r s were received by the Board for and against this application . Mr . Hoodwin, agent for lessee, propose d that nearby municipal parking l ots be considered adequate for off-street parking re - quirements . Necessary dedication of R/W leaves an adjusted lot size of 70' X 115' and the proposed build i ng is 70' X 100'. Aft er due consideration in executive session the Board requested that Mr . Kutner should indicate specifically if this proposed building will have apartments and if so how many or if it wi ll be hotel rooms and hotel suites. BOARD' ,S ACTION ON PUBLIC REA'U NG Re: Norm Kutner Mr . Thaler, seconded b y Mr. Brau, moved that the application of Norm Kutner be tabled and that revised plans be submitted showing intent as to hotel and apartment units. -3- Po lled -Mo tion carried unanimously. ~H:··::--t:-:H:-.;:--::--;:- BOARD'S ACTION Re: Tentativ e Plat -Resubdivision of ACKER HOMESITES. Mr. Paden, s econded by Hr. Kramer moved that this plat be ap- proved insofar as zoning is concerned. Polled -Motion carried unanimously. -:H:-::--:HH:-';HH~ Mr. Foster, seconded by Mr. Keys, moved tha t the E .B . Brow n ap- p lication be removed from the table for action at this time. Polled -Motion carried unanimously. After discu ssion , ~1r . Paden the E . B. Brown application majority vote either way. seconded by Hr . Corsiglia, moved that be tabled again due to th e lacK of a Polled -Mo tion carri ed unan imous ly. -:: .. ::--::--::--::--::-';HH:- There being no fruther business , by motion prope rly made and seconded, the meeting was adjourned at 9 :3 0 P.H . By: n V~I ;r '11 '· \l'(LLetuU .:r:-q;:-Gr eene , Zoning Director "" , MINUTES OF THE REGULAR MEh"'TING OF THE SOUTH H IANI PLANNING AND ZONING ~ BOARD, FEBRU ARY 14, 1961, AT 8:00 P.M. c Present: Jack Stanton-Chairman George Kramer Hyron Keys John Brau Albert Corsiglia Carl Paden Thomas Foster Leon Thaler John Converse James Ferguson Ex Officio: J. L. Greene Absent : R. E. Rutledge Mr . Kramer, seconded by Mr. Corsiglia, moved that the minutes of the re gular meeting of January 31, 1961 be approved as individually read. Po lled -Motion carried unanimously. -:HH:-~HH~ -:k:-~:- There were no scheduled public hearings. -::'-:H~-~HH~ ~HH~ Mr. Foster, seconded by Hr. Pacten, moved that the Kutner application be removed from the table. (Tabled at the January 31, 1961 meeting for the purpose of Mr. Kutner clarifying the use--apartment hotel or hotel). Polled -Mot ion carried unanimous ly. Mr . Kutner was present and addressed the Board stating that he proposes to erect a seven story hotel. There will be three units with kitchens for temporary occupancy on each of the hotel floors. The ground floor occu- pancy will include stores and service facilities for the hotel. The roof area will include penthouse facilities for the elevator operation and water supply equipment. BOARD'S ACT I ON ON PUBLIC HEARING Re: Norm Kutner Mr. Brau, seconded by Mr. Converse, moved that the Planning and Zoning Board recommend to the City Council that the application of Norm Kutner, lessee of Lot 16 lti . A . Larkins Subdivision, for a variance of fifty (50) off-street park ing spaces to allow construction of a seven (7) story hotel with stores and service facilities for the hotel on the first floor be granted and further that a variance be granted to allow kitchen facili- ties in three units on each hotel floor. Polled -Yes 6 No 4 Thaler, Corsiglia, Foster, Ferguson T "...., ~ o "--' '-- c Mr. Ferguson voted NO because he is unaware of any Council policy rela- tive to the City furnishing off-street parking for this immediate area. NOTE: The Board recommends that the City Council give eonsideration to: 1. 2. 3· ~HH~' Possible amendment to Sec. 20-2 (24) of the Zoning Code-- cooking facilities in hotel rooms. Precedent being established on off-street parking requirements for this area. High rise hotel fronting on two streets without setbacks except on rear fifteen (15) fe e t (proposed structure 70' x 101'). ·;HH~ ~HH~ Mr. Kramer, seconded by Mr. Ferguson, moved that the Brown application be removed from the table. Po lled -Mo ti on carried unanimously . Mr . Ferguson, seconded by r1 r. Keys, move d that the application of E. B . Brown, owner of Lot 6 Block 4 Cocoplum Terrace Addition SubdiVi s ion, for a variance to allow an upholstery shop at 6470 SW 62 Avenue be granted inas- much as the rest of this block has C-2 and C-3 uses with current licens e s. Polled -Yes 6 No 4 Corsiglia, Paden, Thaler, Foster ·;~·-:H:' ~:-:H:' -::··;H:- Chairman Stanton then read the notice of the annual dinner and installati on of officers of the SCFN,ZA. Mr. Kramer, Mr . Ferguson and Hr . Corsiglia indicated that they would attend . ~HH:--:H:-':;:-'::HHi- There being no further business, by motion p rop e rly made and seconded, the meeting was adjourned at 9 :05 P .M. By: /} .1. !tc~ e~Le/ J. L. Greene, Zo n ing Director ,r: " .. L present : Absent: MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, FEBFJARY 28, 1961, AT 8:00 P.M. Jack Stanton, Chairman Carl Paden, Vice Chairman James Ferguson Albert Corsiglia Myron Keys George Kramer Thomas Foster John Brau Harold Yakely J. L. Greene Ex Officio R. 1!;. Rutledge Leon Thaler Mr. Corsiglia, seconded by Mr . Kramer, moved that the minutes o f the reg- ular meeting of February 14, 1 961, be adopted as individually read. Polled -Motion carried unanimously. -iH:··::· -iHH:· -iHH:· Chairman Stanton then read the notice of publi c hearing on the application of W. F. Mendel , owner of Lot 82 University Park Subdivision, for a v ari - ance of 15 feet on lo t fronta ge and 4000 square feet on lot size to allow ~ on struction of a conforming sin g le family residence. The area of notification was 300 feet. Mr . Mendel addressed the Board stating that he has owned this l ot for three yea rs and desires to build a home for himself. All the lots in this sub- division are 60 feet and the homes on either side of this lot are built on 60 foot rrontage. There were no objectors to this application. BOARD'S ACTION ON PUB LI C HEARING Re: W. F. Mendel ~l r. Fergus.on, seconded by Mr. Foster, moved that the Planning. and Zoning Board recommend to the City Council that the application of W. F. Mendel, owner of Lot 82 University Park Subdivision , for a variance of 15 feet on lot frontage and 4000 square feet on l ot size to allow construction of a conforming sin g le family residence be GRANTE D on the basis that this lot and proposed build i n g c onform to the l o ts and bui l dings in this subdivi- sion in general and it presents a case of simple hardship. -i~ •• :: •• ::. Polled -9 Yes o No -iHH:· ~:·~H~ ~Jha irman Stanton then read the notice of public hearing on the application of E . K. Garvy, lessee and C . J. Lindgren , owner of W 115' of E 165' of Tract 1 Larkins Fores t Subdivision for a variance on paving and drainage of parking area to serve the proposed real estate office at 7400 Red Road. The area of notification w~s 300 feet. '-' Planning and Zoning Board City of South Hiami, Fla. Gen tlemen: February 10, 1961 I am attempting to open an office at above address and upon application for a license have run into a complication which I knew nothing about. This bein g an ordinance requiring sidewalks, cur bin g , paving and draina ge before a license can be issued. Since I am opening a Real Estate business and since the future plans o f the landlord call for a modern office building to be erected on this site on or before approximately one year from date, I ask for a variance or special permit be allowed. My operation will be a small one and the parking necessary would be no more than that required of a four adult family. I intend to hire one or two sales people and hope to have a client or two occasionally. There is a mp le room on the property which runs 150' on Red Road and to a depth of 165' for the necessary vehicles wi thout congestion. Since my lease runs for a maximum of one year and since removal may be obligated before that time it would simply not be feasible to spend the many thousands of dollars required and then to rip up the area again for '-' he new s truc ture • This being a small home of about twenty years of age I promise to keep the premises clean and in go od repair until such time as it shall be torn down. Your consideration will be greatly a p preciated. Sincerely, Bdward K. Garvy Objectors: Steve Hessen did not object to a temporary permit for one year but did object to a variance o r extended exception. A. C. Rifkin, representing the Cross Roads BUild i ng, objected to the variance . BOARD 'S ACTION ON PUBLIC HEARING Re: E . K . Garvy Mr. Kramer, seconded by Mr. Keys, moved that the Planning and Zoning Board C ecommend to the City Council that the application of E. K . Garvy, lesse e nd C . J. Lindgren, owner W 115' of E 165' of Tract 1 Larkins Forest Sub- division for a variance on paving and drainage for parking area to serve the proposed real estate office at 7400 Red Road be DENIED for the follow - ing reasons: -2- ... . -;:--::.-::- 1. No hardship. 2 . Bad precedent . Polled -9 Yes o No -:HH:-";HH:- Mr. Paden, seconded by Hr . Corsi g lia, moved that the W. A . Hobbs Sub ... >';· division app li cation for rezoning be re moved from the table for consider- ation . Polled -9 Yes o No Chairman Stanton then referred the matter to the P l anning Committee for study and recommendation at the next regular me e ting of the Board. -::--;~.-::--;H:--:.--;H:--::- There being no further business befor e the Boar d , the meeting was adjourned upon motion properl y made , duly seconded and carried at 9 :00 P.M . By : c / s/ Uctf Vile t ~ Carl Paden, Vice Chairman ..... -~ ..... ~ ~ Q INUTES OF THE REGULAR NEE TTN G OF THE SOUTH NIMH PLANNING AND ZONING BOARD, NARCH 28, 1961, AT 8:00 P.N. Present: Jack Stanton, Chairman Carl Paden, Vice Chairman Harold Yakely James E. Ferguson, Jr. Nyron Keys John Brau Albert Corsiglia Leon Thaler Thomas Foster Ex Officio: J. L. Greene Absent: R. E. Rutledge, Jr. George Kramer Mr. Paden, seconded by Mr. Corsiglia, moved that the minutes of the regular meeting of February 28, 1961, be adopted as individually read. Polled -Motion carried unanimously. Chairman Stanton then read the notice of public hearing on the application of John L. Hawkes, owner of ,,/101.73' E 305' N~ of Tract 14 Palm MiEmi Heights, for a variance on side setback to allow construction of a garage. The area of notification was 300 feet. Mr. Hawkes presented a petition to the Board signed by four (4) neighbors indicating approval of his request. There were no objectors present. BOARD'S ACTION ON PUBLIC HEARING Re: John L. Hawkes Mr. Thaler, seconded by Mr. Ferguson, moved that the Planning and Zoning Board recommend to the City Council that the application of John L. HaWkes, owner of 1. 101.73' E 305' N! of Tract 14 Palm Niami Heights, for a variance of 8" on side setback to allow construction of a garage be granted as this minor variance will not be detrimen- tal to the area. Location: 5930 SH 80 Street. Polled -Notion carried unanimously. ·:HH" O):·o)H:· Chairman Stanton then read the notice of public hearing on the application of C. E. Ayers, prospective purchaser of Lots 6,7 ·:HH:· Block 3 Larkins Pines Sub for a Special Use Permit to allow the use of an existing single family residence as an insurance agency office. The area of notification was 300 fe e t. -. Mr. Ayers, prospective purchaser and Mr. Pyms, real estate agent for owner, addressed the Board and presented a petition signed by eight (8) adjacent property owners indicating approval of this application. Planning and Zoning Board City of South Miami 6130 Sunset Drive South Miami, Florida Gentlemen: March 8, 1961 Please be advised that the undersigned has a contract for the purchase of the property loc ated at 7641 SW 62 Avenue . Said contract is subject to the use of the property accommodating my insurance agency, known as Ayers-Fryer Insurance Agency . It is our intention to utilize the existing facilities for the purpose of conducting a professional service in the form of insurance sales and hereby apply through the attached application for a special use permit to allow us to operate the insurance agency from these premises . By requesting this special use, I do not intend to seek a spot zoning for general commercial use, but to utilize the present property to what would be its highest and best use in accordance vrith the commercial nature of the property directly opposite this property. It is our further intention that when conditions permit , possibly within 12 to 18 months, to replace the present frame~ stucco building with a more attractive and modern professional office similar to that located at 7500 S l1 57 AVenue presently occupied by Fossey Real Estate, Proby and Edwards, Attorneys, James Deen , Architect, and Martin Brothers, General Contractors. I have filed under separate cover a petition signed by the ad- joining property owners indicating their approval of the use of this property for professional services. I feel confident that upon careful consideration by the members of the Planning and Zoning Board that they will agree that this request is in order and in keeping with the progressive and constantly changing growth pattern of the City of South Miami . Sincerely CEA/tw Charles E . Ayers A petition with twenty-four (24) signatures objecting to this application was filed with the Board by a group of adjoining residents. -2- '- Ma rch 27 , 1 96 Mr. Jack Stanton, Chairman S . Miami Planning and Zoning Board MR . J. L . Gre ene, Zoning Di rector City Ha ll, South Miami, Florida Gentlemen: The undersigned , owne rs and o c cupants of property adjacent and neighboring to the singl e -fami l y residence at 7641 SW 62 Avenue (Lots 6 ,7 Block j L a rkins Pine s Sub', he reby file object i o n t o C . H. Ayers (and-a ny other persons) application f or a Special U~e Pe r mi t (Commercial o r Professi onal) for this r es i dence as an insurance agenc y (or any other sort of) office and/or busine ss. The undersigned note that g r an t ing of this Special Use Permi t wo u l d in e ff e ct accomplish the same purpose as the recent request to spot -rezone this s ame propert y to C-l, a request prope rly and just l y re je cted by the Zoning Board . The undersi g ned furt he r aver it to be their c ontinuing wish that this area be kept strictly residential and that the Zoning Board be thanked for p r o t ect ing the undersigned interests by t he re- jecting of previous applications f or altering in fact or in effect the pre s ent R1T -l classification of the area in which the above mentioned property is l ocated . BOARD 'S ACTION ON PUBL IC HEMUNG Re: C . E . Aye rs Mr . Keys , seconded by Mr . Foster, move d that the P l anning and Zoning Board recommend to the City Co uncil that the a pp licatio n of C . E . Ayers , p r ospe ct ive purchaser of Lots 6 ,7 B l ock 3 Lark ins Pines ~ubdivision for a Special Use Perm it to al low the use of an existing s i ngle family residence as an insurance agency be denied as this woul d be spot zoni ng , no hardship was s hown and this could only l ead to further breakdown of zonin g in the area . Pol l ed -l'1 otion carried unanimously . -:~-::.-;:-~H:-~;--::-~:--::- Ch a irman Stanton then read the notice of pub lic hearing on the application of Paul Ca rter, owner o f Lots 21 through 24 Cooper s Subdivis i on for a variance on alleyway s e t back to allow the c on - struct ion of a 65 ' x 15' addition to the r ear of his e xist ing building . This would be a 10' alleyway vari ance . L oca ti on : 5840 S . Dixie Hi ghw ay . The a r ea of notification was 300 feet . Mr . CRrt er add r essed the Board st ating that there is a building that creates a dead end to the proposed alleyway to the west o f h i s p ro pe rty , therefore e l iminating the use of an alleyway . -3 - "---' Members of Zoning Board Ci ty of South ~1iami South Miami, Florida To Whom It May Concern: Paul Carter 5840 s . Dixie Highway South Miami , F l orida March 8 , 1961 I hereby submit the attached information, plans , etc . with app l ication to build an addition to the rear of existing bui l ding known as Speedy Laundry , located at 5840 S. Dixie Highway, South Miami, F l orida, owned and operated by myself , Paul Carter. The purpose of this addition is to g ive me additional space and re l ieve me from a very cramped workin g area that now exists . There will be no additional plumbing .. lork invo l ved , only to move existing dryers into the addition so it will enable me to have more working are a in a safe manner . Any further information you may wish , I will be glad to furnish . Respectfully yours , Paul Carter The proposed alleyway plan prepared for the City of South Miami by Charles Davenport , land surveyor, dated February 15 , 1958 for this block of Coopers Subdivision was examined by the Board at this time . Mr . Carter submitted a letter from Mr . ~tang . Zoning Board vs Paul Carter I do not object to addition to rear of laundry l ocated on Lots 22,23,24 . The proposed alley o f several years a g o did not provide for a drive through and woul d become a dead end . Omar Stang March 27, 1961 There were no objectors present. BOARD 'S ACTI ON ON PUBLIC BE AR I NG Re : Paul Carter Mr . Foster , seconded by Mr . Brau, moved that the Planning and Zoning Board recommend to the City Council that the app l ication -4- - CI v r"'. of Paul Ca r ter , owner o f Lots 21 through 2Lf Coopers Subdivis i on f or a tota l variance of ten (1 0) fee t on a l leyway setback to allow construction of a 65 ' x 15' addition to the rear of his existing building be approved subject to his plans conforming to the p r oposed alleyway plan dated February 15, 19 5e . Locat i on : 5840 South Dixi e Hi ghway . ~HH:- Polled -8 Yes 1 No Hr . Paden indicated he voted "no" because he believes the code for a lley - ways is definite and specifi c and i f variances on al l eyways are to be granted they should c onform to a predetermined p l an Qns t ead of a plan Wh ich has a n i n - definite status . -:HH:--:HH:- The Plannin g Committee indicated that they are working with the att o rney for the property owners of v.I . A . Hobbs Subdivision . ~H:--;:--:HH :--;:--::--;:- The Zoning Committee has under consi d eration a new 7,one c l assifi - cation desi gnated as P -l and requested that thi s item be on the a ge nda at the next meeting fo r ge nera l discus si on . -:~-;:--;:--;:-..;:--::--:HH:- There being no furth e r bus ine ss before the Board , the me eting was adj ourned UD o n motion properly made, duly sec onded and carried at 9:15 P .H . By: jt ~<<-EJ J . L . Greene Zoning Director '''' '---' MINUTES OF THE ~GULAR MEETING OF V THE SOUTH MIAl-UPLANNING AND ZONING . BOARD, MAY 9, 19 1, AT CITY HALL A · 8:00 P.M. '\ Present: Jack Stanton, Chairman Carl Paden, Vice Chairman Myron Keys Harold Yakely George Kramer Thomas Foster Albert Corsiglia Ex Officio: J. L . Greene Ao sent: R. E. Rutledge, Jr. James E. Ferguson, Jr. Leon Thaler John Brau -:HH;-~Hh,~-~HH~ Mr. Paden, seconded by Mr. Corsiglia, moved that ~t_he" minutes of the regular meeting of March 2 ~, 1961 be adopted as individually read. Polled -Motion carried unanimously. -:HH~-~HH~ ~HH:- " Mr. Foster, seconded by Mr. Kramer, moved that the Planning and Zoning Board recommend to the City Council that the final plat of CORINNE ESTATES Subdivision (tentative plat submitted as Pinder Subdivision and approved by Resolution 1483 on April 5, 1960) be approved insofar as zoning is concerned. ~HH:- Polled -7 Yes o No ~HH~ ~HH:- Mr. Paden, Chairman of the Zoning Committee, reported that the Zoning Committee, has under consideration a proposed SPECI AL ZO NING USE cate- gory to apply to certain problem areas along arterials. This will be presented to the Board at the next regular meeting of May 30, 1961. ~HH~ ~HH~--;~-;:~:- Chairman Stanton read a letter from Mr. R. W. Gardner of 7871 SW 69 Avenue requesting the South Miami Planning and Zoning Board to file an objection to the requested change of zoning from RU-3 to RU-4 on the property in Dade County adjacent to South Miami. NE corner of SW 80 Street and SW 69 Avenue. ~ After due conSideration, the Board voted unanimously to recommend to the City Council that a formal objection be filed by the South Miami Planning and Zoning Board to the Dade County Zoning Board on the appli- cation of R. H. Sykes for a change of zoning from RU-3 to RU-4. L '--- Locati on : NE corner o f SW 80 Street and SW 69 Avenue. ·:HH:· ~HH:--:HH:- There being no further business, by motion properly made and seconded, the meeting was adjourned at 9 :00 P .M. By: fft!JLeMU-J J. IY. Greene , Z o ning Director · "-- c ~ -'-- Present: MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, JULY 25, 1961, AT CITY HALL AT 8:00 P.M. Jack Stanton, Chairman Carl Paden, Vice Chairman John Brau James E. Ferguson, Jr. George Kramer Myron Keys Harola-Yakely Albert Cor s iglia C. R. Gibbs Thomas. Foster R. E. Rutledge, Jr. Ex. Officio: J. L. Greene ~H:·';~ " ., .. ~.--:...., .. <{HH~ Mr. Paden, seconded by Mr. Rutledge, moved that the minutes of the regular meeting of June 13, 1961 be a pproved as read. Polled -Motion carried una nimously. ~HS~ ~HH~ ~H}-~· Chairman Stanton then read the notice of Public Hearing on the app- lication of Marian B. Lee, owner and James G. Stewart, agent for, of Lots 17, 33 & 34 of w. A. LARKINS SUBDIVISION for a variance of .19 off street parking apaces t o a llow construction of a thre.e stOL"Y c.ommercial building to be used as stores, officea, lounge, ste:ak house and coffee shop. Location : 5864 Sunset Drive. The area of notification was 300'. One letter was received by the Board in favor of this application and one letter expressing ob- jection if off street parking were allowed facing Sunset Drive •. (Plot Plan indicates. all parking to rear of building.) (Following is letter from applicant) South Miami Planning and Zoning Board City Hall S outh Miami, Flor ida Gentlemen: I hereby make application for a public hearing on Lots 17, 33 & 34 w. A. Larkins Subdivision located at 5864 Sunset Drive. ," ........... The subject property is owned by Marian B. Lee and 'sh~ is des:irbus to build on the property., prov.iding she can get all ne'c'essar.Yl'miv- ers and or variances needed to erect this building. If there is enough interest created in this building, she intend:s to haveatore8 and offices and also have a lounge, steak house, and cOl'feee'hop. Since there is not enough parking space on the property, weare re'- questing a waiver or variance for off street parking. We do have one great advantage aathe City ps:,:::::':cg lot on 73rd Street is Just across from our lot. Since the restaurant and lounge would be op~ erating after the stores and offices have closed, we feel confident that there would be ample parking to cover the necessary requiremen+-' Mrs. Lee, my mother-in-law, has given me the authority to act in her behalf and I request a hearing at your earliest convenience~ Very truly yours, James G. Stewart Several property owners in the area were present and expressed app- roval of this application as presented. There were no objectors present. BOARD'S ACTION ON PUBLIC HEARING ~ '-J Re: Marian B. Lee and James G. Stewart L Mr. Brau, seconded by Mr. Rutledge, moved that the Planning and Zoning Board recommend to the City Council that the application of Marian B. Lee, owner and James G. Stewart, agent for, of Lota 17, 33 & 34 w. A. LARKINS SUBDIVISION for a variance of 39 off street parking spaces to allow construction of a three story commercial building to be used as stores, offices, lounge, steak house and coffee shop, be approved inasmuch as there is a City owned parking lot adjacent to this property. T,,.,,,,,,,tion: 5864 Sunset Drive. Polled -10 yea 1 abstained (Ferguson) Chairman Stanton then read the notice of p~blic hearing on the app- lication of Jerry Montgomery, owner Lots 5 & 6 Block 4 PINES SUB- DIVISION, for a variance of 675 square feet on lot area to allow construction of a conforming single family residence. Location: 6143 S.W. 62nd Terrace. The area of notification was 300;. One letter was received by the Board objecting to this variance on the grounds that this use does not agree with the proposed "Master Pl£'n". (The Master Plan pro- poses garden type apartments.) ..,:? '-~"--""" ::... '-' c (Following is letter from applicant) Planning and Zoning Board of South Miami 6130 Sunset Drive South Miami, Florida Dear Sirs: We, the owners of Lots 5 & 6 Block 4 Pines Subdivision, respect- fully request whatever variances are necessary to allow us to build a single family residence for our own use on this property. Very truly yours, Jerry Montgomery The applicant was not present. There were no objectors present. BOARD'S ACTION ON PUBLIC HEARING Re: Jerry Montgomery Mr. Ferguson, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council that the application of Jerry Montgomery, owner Lots 5 & 6 Block 4 PINES SUBDIVISION for a variance of 675 square feet on lot area to allow construc- tion of a conforming single famiily residence be approved. Location: 6143 S.W. 62nd Terrace. Polled -9 yes 2 no (Keys -Corsiglia) Mr. Corsiglia voted no because the applicant was not present. NOTE: Resolution 1459 dated Feb. 16, 1960 granted variance to MARBARAL DEVELOPMENT CO. on this property, however application for Building Permit was not applied for. -3B~ ?~~Ht-~-."} There being no further business, by motion properly made and secon- ded, the meeting was adjourned at 8:30 P.M. -3- • () MINUTE V OF THE REGULAR i'lEETING OF THE SOUTH MIAHI PLANNING AND ZONING BOARD, AUGUST 29, 1961, AT CITY HALL AT 8:00 P.M. '--Pre sent: Jack Stanton, Chairman Carl Paden, Vice Chairman John Brau Absent: Albert Corsiglia James E. Ferguson, Jr. Thomas T. ,r 'oster Myron Keys Geoz'ge Kramer R. ~. Rutledge, Jr. Harold Yak ely C. R. Gibbs None Ex Officio: J. L. Greene Mr. Corsiglia, seconded by Mr. Gibbs, moved that the minutes of the regular meeting of July 25, 1961 be approved as read. Polled -Notion carried unanimously. ~Hh~- Chairman Stanton then read the notice of public hearing on the appli- ~)ation of Ignatius L. Ferry, owner of Lot 21 Block 3 Bird Road Estates, for a variance of 24 feet on lot frontage and 4,900 square feet on lot size to allow the construction of a conforming single family residence. Location: 6331 S v! 42 Street. The area of notification was 300 feet. There were no letters of ob- jection. One letter was received expressing approval. Planning and Zoning Board City of South Miami, Florida July 31, 1961 Re: Public Hearing Lot 21 Block 3 Bird Road Estates Owner requests use of above lot. Homes at 6321 and 6339 Sri 42 Street are built on either side of this lot. It is the only vacant lot left in this block. This request conforms, in all respects, with existing conditions of neighborhood and also with the original intent of platting and zoning. The owner requests merely, the lots use for a single family residence which will comply with all existing restrictions and setback requirements of the Ci ty of South Hiami. L· Chris borg, Agent for Ignatius L. Ferry Mr. 'Bo rg, authorized repre sentative, addre ssed the Boar d indicating that the proposed building would compare esthetically with the surroundin g homes. ~:here were no objectors present. BOA RD'S ACTION ON PUBLIC HEARING Re: I g natius L. Ferry Mr. Rutled ge , seconded by Mr. Paden,moved that the Planning and Zoning Board recommend to the City Council that the a p pl i cation of I gnatius L. Ferry, owner of Lot 21 Block 3 Bird Road Estates, for va riances of 24 f eet on lot fronta ge and 4,900 square feet on lot size be g ranted inasmuch as there is a residence on e ither side on the same size l ot s and that this reque s t is consistent with the g eneral patt e rn existing in the area. Loca tion : 6331 SVJ 42 q tre e t. -:~.~: ; .. ::- Polled -11 Yes o No Ch a irman Stanton then read the notice of public hearing on the applica - tion of Levco Rea lty, Inc., owners of E 48 ' of Lo t 7 All of Lots 10,11 the W 10' o f Lot 12 S 20' of Lo ts 25,26,27 & 28 and W 10' of S 15' of Lot 29 Co op ers Subdivision , for a vari ance o f 20 f ee t on front setback to allow construction of a store building 30 f ee t from the center line of Sunset Drive . Loc a tion: 5A19 Sunset Drive. ~'he ar ea of notification was 3 00 fe et . There were no letters of obje ct- ion from adjacent property own ers. Planning and Zoning Board City of South ~liami, Florida Gentlemen: Au g ust 8 , 1961 The undersi g ned is desirous of e rect ing a store buildin g on the subject property front ing o n Suns e t Drive . We need a variance fr om the present setback r equirements i n order that the front of our store building will be in a line with the p resent prope rty to the east . We are wi lling t o dedicate 20 fe e t of the rear of our p r ope rty to be use d f o r ingress and egress. Ve ry truly yours, David Levine, P resident Levco Realty , Inc. The a p plicant, Mr. Levine , indicated that the full 50 foot setback wou ld place the front of h is pro p osed buildi ng so far back from the existing building s that this wou ld force a hardship and eliminate his building ~,t t h is time . There were n o objectors present. -2- , • BOA'ID' S ACTION ON PUPLIC HF¥U NG He: Levco Realty, Inc. Mr . Kramer, seconded by Mr . 0;orsiglia, moved that the Planning and Zoning 'oard recommend to the City Council that the application of Levco Realty , nc ., owners of E 48' of Lot 7 and all of Lots 10,11 the W 10' of Lot 12 " 20' of Lots 25,26,27 &. 28 and ~I 1 0 ' of S 15' of Lot 29 Coopers Sub- division , for a variance of 20 foot front setback to allow construction of a store building 30 feet from the cent er line of Sunset Drive be granted because precedent has been established immediately adjacent to this property and on the east to Red Road. Location: 5819 Sunset Drive . ~HH:· Polled -8 Yes 3 No Ferguson, Keys and Brau Mr . Ferguson indicated that both sides of Sunset Drive should be the same width in order that every- one would be treated equal. Chairman Stanton then read the notice of public hearing on the appli- cation of S. Shore Properties , Inc., prospective purchaser of Lots 4,5,6 Messer Hanor Subdivision, for a Specia l Use Permit to allow construction of a two story profes sional office building . Locati on: 7550 S\1 57 Avenue The area of notification was 300 feet. One letter of obje cti on was received by the Board. '--lanning and Zoning Board 6 1 30 Sunset Drive South Miami , Florida Gent lemen : August 8 , 1961 Request is hereby made for a chang e of zone on Lots 4,5,6 Hesser Manor from RU-l to a zone which wi ll allow the erection of a professional building with adj acent parking. The undersigned wishes to erect a two story office building on the described premises, the same not being a permitted use under the exist- ing zoning deSignation. As can be seen from the proposed elevation and parking layout, the building will be a modern two story office building of a colonial design. This is in perfect keepinG with t he character of the adjoining property and would undoubtedly enhance the entire area. Very truly yours , S. SHORE PROPERTIE S, INC. By: Martin I. Mondluk , Treas. MD1: stg ~L r. Joseph Chusmir of S . Shores Properties, Inc. presented to the Board artist renderings of two similar buildings erected recently in other areas of the county and indicated that his firm would erect a beautiful professional building if this use is granted. -3- The;e w e ~e several objecto rs present from the Red Road =Sunset Drive business area of South Hiarni and their obje cti ons are reflected in the follow i ng l etter: \...-Au g ust 2 9 , 1 96 1 The Honorab l e , the Members of the Planning and Zoning Board of the City of ~outh N iami City Ha ll, South Hiami , F l orida TI e: Statement of Avron C . Rifkin re g ard j.n g a p plicatio ns of Kenneth Bastho l m and Shore Prop - erties, Inc. We are op p osed to the requests c ontaine d in the Kenneth Bastholm and ·Shore Properties , Inc., applications for P -l z o ning and the constructi o n of professional buildings Vli thout provisions for gr ound floor st ore s. We stro ngly f ee t that the g rantin g of such a p plications will b l ock the g rowth of the business are a of S o uth Niami . Requests , su c h as the one made in these app l ications s e rve no p urp ose t o an expanding mercant i le are a such as the area cente ri ng ar o und the interse cti o n df Red Ro a d and Sunset Drive . \-I E ~1US T HAV E MORE S T O n E ~ TO GRO I,!. The City of S o uth Niami has shown considerable foresi g ht in setting out a mast e r p l an for the orderl y g rovlth o f the c ommunity and He find ourse l ves on the threshold of a new u l anned era. lie h ave the op p o rtunity now to creat e a thriving and di p:nified business ar e a in S o uth fl iami. Ap p l ications, such as t ho se requested here, only serve to s e t back , in time , this opportunity. He althy b u sines s dev e l opment is of major i mportance to every taxpayer in I ",he community. It share s the s e rvice costs t o ee,c h home in addition t o '-p ayi ng for a ll the services it require s . E x istin g business areas , deve loped as they were without benefit of mu ch p l anning , are now not able without help to pr ov ide the fact o rs which are being designed i nto new pl a nned shop p i n g centers . Skillful desi g ners of the planned shop - p i ng cente r s have made careful studies of the factors which wil l (1 ) attract the most customers, and (2) induce them to return fo r a ll future shop ping needs . The f oremos t requisit e of s h oppin g center desi g n is the prope r dive r sity of business uses. The ri ght c om bination of businesses wi ll attract many more customers than any one business alone c o u l d hop e to attract . The existing South ~1 iarni business center is alrea d y competing with new planned s hopping centers . Further development of t h is kind will provide more and more comp et i tion . .f e s ugr:est that South Hiami active l y compete by capitalizing on its p r e s e nt assets and q u ickl y pr o vide the thing s it now l acks , to wit : additi o na l store s on Red Road . Such steps will p r o v e to be of la sting value to every busin ess and property owne r and t o every o t her property owne r in the S o uth Hiam i area . If we a r e to compete with the Ke ndall, Perrine and Dade l and business areas , we mu st have e. c ontinuity of stores so as to create a ma r ketpl a ce with a n opportunity for c omp aris o n shop p ing . If g rowth of our store area stops , then Da d eland , Kend all and P errine w ill p rogress and g rovT l arger and strong er at o ur exp ense wh i l e we rema i n d ormant . OUR HASTE R C "L AN MUST INCLUDE I"ORE ST ORE S S 01TT H OF SUNSET DRIV E ALONG RED ROAD . In addition , we a g ain p r o p o se that the City of S outh i'liami cre a te an Architectural Contro l Board to sup ervise the aesthetics of c onstur c tion and the aesthetics of u s a g e o f o l de r buildings so as to govern develo p - -4- ~ • ment' of our community tmvaC improvement, rather than m the opposite direction . '·le further recommend that the City of South ll iami should insist that "wners o f new commercial construction provide a 20 foot alleyway at ,-~he rear of commercia l construction for the convenience of loading , un- l oading and garbage collection activities . Respectfully submitted, CROSSROADS PROP E RTIES ACR :mb BOA !ill , ,", ACTION ON PUBLIC Hl:A RI NG Re : S . Sho res P roperties , Inc . Avron C . Rifkin Hr . Keys , seconded by Hr . Brau , moved that the application of S . Shores Propert i e s , Inc . b e tabled until such time as the City Council consi de rs the Board's proposed amendment to the Zoni ng Ordinance affecting this type of use . .::-.:.~.::- PoJ.led 1 1 Yes ° No ~hai rman Stanton then read the notice of publi c hearing ~ation of Kenneth H . Bastholm , owner of the E 137 .5 ' of Forest Subdivision, for a Specia l Use Permi t to al l ow a off ice building in an existing si ngle family residence . 745 0 sw 57 Avenue . on the appli- Tract 4 Larkins professional Location: The area o f notification was 300 feet. No letters of objection were received by the Board . P lanning and Zoning Board South Hiami , Florida CB'ent l emen: !;.ugust 7, 1 96 1 The following data has been compiled, using the Dade Co unty RU -5 prof- essional office district zoning requirements as a guide . I rea l ize South ll iami does not have the RU -5 type zoning , but I think this is the type zoning South t !iami is interested in for the area in- vol ved . Ninimum l ot width 11i.nimum l ot area after 1edication of 25 feet '--- Front , after dedication Lot Size Required 75 ft . 1 0 ,000 ft . P rincipal Se nbacks 25 -5- Have 9 1 f t. 1 0,243 f't . <15 .12 18 .70 • North side (74 Terr .) "'.',outh side --r1ear Parking P roviding 1 c ar space o f 10 x 20 for each 325 sq . ft . of office area . (A 159 1) rtequired 15 f eet 10 25 5 spaces o Have /15.2 -'" 21.2 22 .7 9 51.0 9 spaces Type Building Required and is residential in exterior a p pearance and of masonry con- struction , without store fronts or display windows . Yours truly , ~enneth A . Bastho l m Dr . Bastholm a d dres sed t he Boa r d s ta ting that he has owned thi s proper ty for yea~s and has planned t o use t ~is residence as an office ano that in his opinion the us e i s in keeping 1-lith the area . He further reque~ted a variance of 1 0 feet on front setback . P. oetition with signatures of six property owners expressin p" aporoval Has submitted by Dr. Bastho l m . ~ 'here were several objectors present fro m the Re e. Road -Suns et Drive '-ousiness area of S outh Miami and their objections were the same as for the S . ~ho r es Proper ties , Inc . (See letter above). BOA RD'S ACTI ON ON P UBLIC HEA '~I F G Re: Dr . Kenneth A . Bastholm ~~r . Corsi g li a , sec onded b y Nr. Fos t e r, moved to table the a pplication of Kennety A . Bastho l m until the City Counc il considers the Board 's amend - ment to the Zoning Ordinance affecting thi s type of use . ·::··:H:· Polled -11 Yes o No Chairman Stanton then read the notice of publi c hearing on the appl i- cation of John J . and Sara H . Root , owners of the S 200 ' of the 1rJ 185 ' of the 101 264 ' of the st of swi ~H ' st11; Section 2!~-5L~-40 less N 60 ' Sf the W 200 ' there of and subject to road dedication o f record, for a c hange of zonin g fr om RU -1 to C-2 or S»ecial U Be I'ermi t to allow c ons truction of a service s tat ion . L ocation NE c orner Sh' 67 Avenue and :-',,1 56 '>t re e t. The area of n o tification was )(10 feet . The Board received seve ral let - te r s of objection . \....- -6 - • August 11, 196 1 ,--·l ann ing & Zoning Board City of South r1i a mi, Florida Re: Application of John J . and Sarah L. Ro ot Gentlemen: This application covers property owned by the applicants and si tua t ed at the northeast corner of SW 67 Avenue and SW 56 ·"tree t . This parcel is presently z one d RU -l. The cha racter of the nei ghborhood has be c ome such a s t o t o t a lly n ega te the possibilities for utilization u n de r present z one classifi c a tion . On the northwest and southwest c o rners of t hi.s i n tersection are situated P u r e Oil and Cities Service fillin g stations r e s p ectively . Variou s other commercial uses are lo cated in the area i mmediately s u rrounding the western portion of the interse ction . It is propo se d by the applicants t o s e ll a 150 f oo t corn er parc e l to the Sun Oi l Co mp a ny whi ch i n turn oroposes to construct a mo d e rn attrac - tive service station at tha t l o c a tion . Y ou rs very tru ly , 'r'RTbg No nra d R . Thue , Jr . Mr . Thue , attorney for applicants, di recte d the Board's attention to the fact that t wo service stat io ns on opposite corners, plus other c om - mercial use change s the characte r istics of this area and forces a a h ardsh ip on the owners of this p roperty as presently zoned . There were 2 0 to 30 property owne rs from this area p resent objecting t o the g ranti ng of a change of zonin g at this l ocation for the f o llowing reasons: 1 . Spot zO i li ng has a tende n c y to lower property values . 2 . This ar ea al r eady has t wo service stations and any additional si milar bu s inesses coul d create economical p roble ms . 3 . Zoning f o r this kind of business would make an unsi ghtly appearance and r edu ce the sere nity of a l ong established residential area . 4 . The environment crea ted by these kinds of businesses is not conducive to rear ing families and maintaining home like at - mospheres . 5. A mod ern and p ro g ress ive city must c onsider the interests of the majority of residents in the area . It is o u r desire to see the rezoning a pplicati o n denied . L )OJl."D' q ACTION ON PUBL IC HF:A RI )TG Re: Joh n J . ~ S a ra H. Root Mr . Gibbs, seconded by Mr . Keys , moved that the P lanning and Zoning Board recommend to the City Council that the application of John J. -7- , and ';ara H . Root , owners of S 200' of the ill 185' o f the W 264' of the S~ Sl.t ShTt swt Section 24 -5h-40 less N . 60' of' the W 200' thereof' and sub- ·ect to roa d dedication of record, for a chan ge of zoning from RU -l to ~-l or Special Use Permit to allow the constructi on of' a service station on this property be denied because this application does not c omp ly with Ordinance 425 limiting distances between service stati o ns (750'). Sect i on 20 -5 6 (F) of' t he Zonin g Code doe s not conform to the p r opo sed Haster p lan and this woul d not serve the best interest of the citizens in the area involved . Polled -11 Yes o No No te : It was noted by the Board that the citizens of t h is area turned out in force objectin g to this application . ·:HH. Co ~m i ttee Repor ts The pro posed amendment to the Zoning Ordinance eRtablishing a new class - ific a tion designated as RU -5 was consid ered at this time . Mr. Rrau , seconded by Hr . Corsi g lia, mo ved that the Planning and Zoning Board submit to the City Council this propo sed ordinance (RU -5) as amended for their consideration . (qee -attached copy. Pol led -}1o tion carri e d unanimously •. ~e ction 20 -4. of the Zoning Cod e was c on sidered by the Board for recom- mendation t o the City Council for revision . Hr . Brau , seconded by Mr . Yakely , moved that the P lanning and Zoning Board recommend to the City Council that Section 20 -4 of the Zonin g Code be amended as su g ge sted in at tached copy . Po lled -11 Yes o No There bein g no f'urther bu siness, by motion p r operly made and seconded , the meeting was a djourned at 1 0:00 P . M. By : J2, t ~co 7 c» J:~ Greene, Zoning Director c ~ , '- - CHAPTER 20. ZON -NG ARTICLE I. IN GENERAL. ~HH .. ~i--:H:- Sec. 20-4. Zoning, use, occupancy and hearing reese In addition to the fees required for licenses set out in the license tax schedule Section 13-58 building, electrical, plumbing and other permits, as provided in Chapter 7 and by other ordinances, regulations and laws, the following zoning, use, occupancy and hearing rees shall be required: (1) Application for public hearing before Planning and Zoning Board, ~;;20 .00. (2) Change of occupant or use inspection fee, ~.'lO.n O. Owners of two or more adjoining lots may sign the same application for a public hearing for a similar or related purpose and pay only one fee for the hearing. The City Council may waive payment of applications from public, charitable or zations or ot ~er bodies and groups when interest to do so. ~HH:-~H:-~:- PRO POSED hearing fees wi th religious organi- deemed in the public ·;~·:H:- Sec. 20-4. Zoning, use, occupancy and hearing fees. In addition to the rees required for licenses set out in the license tax schedule Section 13-58 building, electri- cal plumbing or other permits, as proviaed in Chapter 7 and by other ordinances, regulations and laws, the following zoning, use, occupancy and hearing fees shall be required: (1) (2) Application fOf public hearing before Planning and Zoning Board, ~~30 .00. Chan ge of occupant or use inspection fee, ~:i l.OO. Owners of two or more adjoining lots may sign the same application for a public hearin g for a similar or related purpose and pay only one fe e for the hearing. The City Co uncil may waive paym e nt of hearing fees with applications from public, charitable or religious organi- zations or other bodies and groups when deemed in the public interest to do so. r- \ -~ Preamble to the Honorable l'layor and City Council ~t is our opinion after long and exhaustive study that a different type of zoning from anything we now have is necessary in certain areas of our city. He have atteMpted to come UP with a recommenda- tion for this different type of Buffer Qtrip Zoning in the follow- ing recommendation. It is our considered opinion that this type of zoning is the least objectionable of the many tynes which Vie have checked, particularly to the adjacent property owners. The buildings should present a pleasing homelike appearance vii th land- scaped grounds, adequate parking and a wall between the -orofessional zone and the adj acent home s. As a ['.eneral rule there is no busines s permitted that will be open at night. However, we are not recommend- ing the restriction of night use of the buildings but are Tecommending a highly re,~tricted list of professional uses. As everyone knows the u"es recoll1Jl1ended do not normally vJOrk at night. "Ie haye been in- formed that this tvpe of zoning has been used successfully in other cities in marginal areas where the neighbors do not want liberal business and where no one would lil;ce to build a home and live in it. A. Description of Area / B. Property designated as Ru-5 -Residential-Professifonal Office Dist. Permi tted uses. The zoning of this property henCE?forth, shall be Ru-5; that the present existing residential bV1ldings on this property shall not be remodeled, reconstrucjted or structur- ally altered for RU-5 usage unless they are brought up ~o the South Florida BuiJ.ding Code in every respect; tf1at any building shall not be used or occupied for any purpOse ~hless otherwise provided for, except for one or more of the fo ttowing"1;U3ages: -' ! . \., (1) (2) (J) (~ ) (5 ) (6 ) (7 ) (8) ( 9 ) (10) (11 ) (12) (13) (1l, ) (lS) (16 ) (17 ) (lB) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28 ) (29) (30 ) (31) (32) (33 ) (4) (5) (36 ) (37) (')8 ) (39 ) (40) (Lfl) (~2) Duplex dwelling I',,,, Apartment house (Three or more families, depending on available lot area) Abstract title ~ Accountants-bookkeeping Actuaries Advertising (No shops) Adjusters (Insurance) Aerial survey and photogranhy / /,/ Appraisers-no sale or rental of any type of merchandise or equipment Architects Attorneys Auditors Business analysts-counselors or broker'S Building contractors, office only (No shops or storage) Chiropodists Chiropractors Consulates Counseling, child guidance and family service Court reporter, public stenographer Credit reporting Dentist Detective agencies and investigating service Drafting and plan service Engineers, professional Insurance and bonds }'1anufacturers agents Harket research Hedical doctors Model agencies (No school) Hortgage broker Notary public Optician Optometrist Public libraries Public relations Real estate Real estate management Secretarial service Shoppers information service Social service bureau Stock broker exchange-investment Tax consultants service ~ (43) Telephone answering service (44)"Theater ticket agencies (45) Travel agencies (46) Zoning consultants Any other business or part thereof which requires professional or administrative workmen only. If use not listed in above list permit to be approved by Zoning Board and City Council only. C. Prohibited Uses Any business of a retail or similar nature. D. Hinimum Lot Size Tentative nlats for subdividing accompaning applications for this use shall show a minimum width of RO feet and a minimum depth of 150 feet. On existing platted property the lTIl.nHrrum width shall be 100 feet and the denth as platted. (NOTE: In areas where the Board recom- mends and the Council approves as logical for this zoning classi- fication it will he found that eXisting platted lots vary in width and denth so as to make it impracticable to use one indi vi- dual or even" two lots in most instances.) E. Type of Building Permi. tted -Area and Height of Buildings Residential in exterior appearance, of masonry construction and not more than two stories high. Hinimum Area of Building: (1) Office building -1000 square feet (2) Duplex building -See Chapter 20-19 (4) Zoning Code (3) Anartmen ts -f;ee Chapter 20-20 (2) Zoning Code (4) Combination office residential -1500 square feet Haximum height not to exceed 2L f feet above finished grade. No accessory buildings will be -oermitted. F. 11aximum Lot Coverage No maximum Shall comply wi th all setbacks and off-street parking requirements. G~ Hinimum Setbacks Front shall be 25 feet Side shall be 10 foot mlnlmum Rear shall be 25 foot minimum ~id€ street -15 feet H. Oi'f-f;trect Parking -Each space (10 x 20' ) Confined to side and rear only, there shall be no parking in front of front building line. One car space for each 350 square feet of floor space. Shall be paved and drained with ingress and egress. I, Landscaping The property shall be appropriately landscaped from the building to the sidewalk. A mlnlmum of Lf feet or a maximum of <; feet-concrete louvered fence, or masonry wall (painted) on rear property line and around all parking areas. J" Sidewalks Sidewalks, curbs, gutters and drainage shall be required. .. ' c . c "'-' -- ". '-'oi g ns Pro h i b ited Permitted -E lectric o r Ne o n -One si g n 2' x 3' mo unted flat on building wall at 8 ' to top of sign. '. MnC ES OF THE REGULAR MEETING' OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, SEPTEMBER 26, 1961, AT CITY HALL AT 8:00 P.H. L Present: Carl Paden, Vice Chairman James E. Ferguson, Jr. John Brau c c Absent: Sidney Efronson Albert Corsiglia Myron Keys Harold Yakely R. E. Rutledge, Jr. C. R. Gibbs Jack Stanton, Chairman Thomas T. Foster Ex Officio: J. L. Greene. Mr. Rutledge, seconded by Hr. Yakely, moved that the minutes of the regular meeting of ~eptember 12, 1961 be approved as read. Polled -Motion carried unanimously. -:HH;- Chairman Paden then read the notice of ~ublic hearin~ on the appli- cation of John Pecora, owner of W 210' of NWt NWt NW4 NWt Section 25-5~-40, for a change of zoning from RU-l to C-2 to allow the con- struction and use of a gasoline service station. Location: SE cor- ner of SW 67 Avenue and SW 56 Street. The area of notification was 300 feet. Several letters of objection were received by the Board. Planning and Zoning Board City of South Hiami South Hiami, Florida Dear Sirs: August 30, 1961 Re: SE Corner of Ludlum Road and }Uller Drive, South Hiami, Florida Mr. John Pecora has appointed me his representative in this rezoning matter presently pending before the City of South ~1iami. The reasons for making this request are as follows: 1. Hr. Pecora has owned and been paying taxes on this property for ~any years. He did not purchase the property to speculate, he intended to build a home on this property. Shortly after purchasing yhe property it became obvious that the traffic flow was too great ~ _v for residential use. 2. For the past five years Mr. Pecora has attempted to find a sat- isfactory use for the property. He has not had one single offer for for any use for the property other than for a gasoline service station. This, despite his sincere and continuous efforts. 3. The first part of this year Mr. Pecora fell and broke his foot and has been unable to work since. Due to the heavy medical bills and the stopping of his income due to his injury, his financial position is serious. He can no longer continue to pay taxes on a property which the City of South r1 iami has not rezoned to a use which will enable him to dispose of the property or at least gain some return en his investment. 4. ~everal times in the past five years Mr. Pecora has had informal talks with officials of the City of ~outh Hiami and was told each time that rezoning was out of the question. This attitude on the part of the City has placed him in a position of having to con- tinue to pay for something which he cannot utilize. 5 . Ludlum Road is the dividing line between Dade County and the City of South Niami. The County has allowed two service stations on their corners across Ludlum Road. One of these is right across Ludlum Road from the subject pro perty. This certainly makes the subject property unfit for residential use for there is no way of buffering between the p roperties. 6. Mr. Pecora has now decided to make this application hoping the City of South Miami will be understanding and reasonable in consider- in g all of the factors involved. 7. The Atlantic Refining Company has contracted to purchase the ~r operty subject to obtaining proper zoning. This company is a major o il company who maintains clean well built stations. The company is we ll aware that some close residents may resent a station in the area so always makes every effort to operate their properties in such a manner that they receive a minimum of objections. The City of South Miami is well aware of their method of operation, they are also located in South Miami on Red Road just north of the Dixie Highway. ~. The Atlantic Refining Company has agreed to maintain a buffer zone on the south and eaat sides of the subject property consisting of a 4 to 6 foot cement wall, a dense hedge of the same height, backed by a tall hedge or row of trees, all designed to absorb light and noise. the company will vary this buffer to meet any reasonable improvement the city may suggest. 9 . The plans submitted to the city with this application are those of a standard station, when applying for a building permit will abide by the code of the City of South Miami. It is not Mr. Pecora's desire to attempt to upset the orderly plan- ning and zoning of the City of South Miami, he is just asking that the city be reasonable in considering his position. In a few words, it is that he cannot utilize this property without proper zoning, which is , due to the immediate proximity of the other stations, -2- r; C-2 with a special permit for service station operation, without this zoning he must pay for something he cannot use, or lose his in- vestment. In view of the obvious hardship to wh ich Nr. Pecora is being subjected , I respectfully request the City of South }1 iami to favorably consider this application. Sincerely yours, W. E . Campbell The residents of the area were present in force objecting to this change of zoning. Summary of Objections: Spot zoning , lack of need, n oise , increased traffic, lights at night, no sidewalks along that area, therefore, increased danger to school children going to school, n o buffer zone between. Mr. Campbell, agent for Atlantic Refining Company , indicated that he believed that his clients would dedicate and c ons truct a sidewalk on the east and south sides of this prope rty in order that the school children would not have to go around the front of the service station " BO ARDIS ACTION ON PUBLIC FEARING Re : John Pecora Hr. Brau, seconded b y Mr. Rutledge, moved that the Planning and Zoning Board recommend to the City Council that the application of John Pecora, owner of the W 210' of N1-li NWi NWi NWi Section 25-54-40, for a change of zoning from RU-l to C-2 to allow the construction and use of a ga soline service station, be denied as this would be a non- conformin g use, no hardship exists and this proposed use does not conform to the proposed Master P lan. Location: SE Corner of SW 56 g 'c , and SW 67 Ave nue. ~H:·~:· Polled -Yes 9 No 0 Chairman Paden then read the notice of public hearing, duly advertise d in a newspaper of daily publication, by the City of South Hiami for the purpose of considering an amendment to Section 20-4 of the Zoning Ordinance of the City of South Miami. Proposed amendment to Section 20-4 of the Zoning Code: (lJ (2) Application for p ublic hearin g before Planning and Zoning Board -~30 0 00 Change of occupant or use inspection fee -~1 1.00 There were no objectors present. ""3.3- ... c c • BOA RD'S ACTI ON ON PUBLIC HE ARI NG Re: Section 20-~. of Zoning Code Mr. Rutlea ge, seconded by Mr. Zo n ing Board recomm e nd to the and (2) of the Zonin g Code be Gibbs, moved that the Planning and City Council that Rection 20-4 (1) amended to read as follows: (1) Ap plic f tion for pu b lic heari n g before Planning and Zoning Board ,;30.00 (2) Chang e of oc c upant or use inSpe ction fee ~.,1.00 for the pur p ose of servin g the b e st i n t e r e st of the citizens of South Hiami. -;;-.;,~::- Polled -9 Ye s o No Chairman Paden then read the notice of public hearing, duly advertised in a newspaper of daily publication, by the City of S outh Niami for the purpose of c onsiderin§ amendments to Chapter 20-20 of the Zoning Ordinance of the City of outh Niami. (See attached copy). There we re no objecto r s present. BOAR D'S ACTI ON ON PUBLIC HLAR I NG Re: Section 20-20 Zoning Code Mr. Fergus o n, s e c onded by Mr. Yakely, moved that the Planning and Zoni ng Board recomm end to the City Counc i l tha t Section 20-20 of the Zoning Or d inance be amended and a zone classific a tion of RU-5 be established for the p urp os e of servin g the b es t interests of the citizens of. Sout h Hi ami. -;H :-~:- Polled -9 Yes o No Ch a irman P aden then read th e letter from A. D. Lewis requesting ap- proval of a tentative plat called SU NRISE ES TATES, FIR ST ADDITION. 5001 sw 65 Avenue ,C:;o uth Miami Planning and Zon ing Board S outh Miami City Hall S ou t h Hiami, Florida Dear S irs: I a m h e r ewith presenti n g a t e ntative plat for your approval on .~he described property recently annexed to the City of South Miami by -4- ,0 "-.-. c -• County Ordinance No. 61-35. Upon approval of tentative plat by South ~1iami and Dade County, f'inal copy of' plat and improvement plan which includes topography, canal excavation, f'ill, streets and othe r i mprovements required by South Miam i, will be submitted. Thankin~ you very kindly, I am Very truly yours, Alfred D. Lewis-President BOARD'S ACTION ON TEN TATIV E PLAT Re: Sunrise Estates, First Addition A.DoL. Corporation Nr. Yakely, seconded by Mr. Corsiglia, moved that the Planning and Zoning Board recommend to the City Council that the tentative plat ~UNRISE ESTATES , FIRST ADD ITI ON , a propo sed subdivision of the W~ 11 1 . of' NE" NW" SW." of Section 24-54-40 les s the E 66 ' thereof', be approved insofar as zoning is concerned. Location ,C;W 411 St r eet and SW 64 Court. ·:H~-;:- Polled -Yes 9 No 0 There being no furth er business, by motion properly made and seconded, the me e ting was adjourned at 9:15 P. lL By: () f £1;( /J ,/f'"' ,;;;I.) '-"'...C /'L,(L/ .r--:-""L -. -Gre ene ; Zoning Director i '-- '-- "- Present: Absent : ~'IINUTES OF THE REGULAR HERTING OF THE SOUTH tlIANI PLANNING AND ZON I NG BOARD, OCTOBER 1 0, 1961, AT CITY HALL AT 8 :00 P. H . Jack S tanton, Chair man Car l Paden, Vice Chairman Albert Corsir-:lia Hyron Keys John Brau Thomas Foster Harold Yake ly Sidney Efronson James E . Fe rguson C . R . Gibbs R . E . r'utl e d g e Ex Offi cio : J. L . Greene Mr . Yake l y , seconded by Mr. Corsi gli a, moved that the minutes of the regular meeting of September 26, 1 961 be adopted as individually read . Po lled -Hotion carried unanimously . -::·-:H:- Chairman S tanton then read the notice of puhlic h e aring on the application of John W. Fatool, owner of Lot 4 Block 6 Ludl um Estates Subdivision , for variances of 4 feet on side setback for swimming pool and 4 .5 feet on side setback for s c re e n enclosure to a l low constru ction of a sw i mming poo l and screen enc losure . Location: 662 1 Sw 77 Terra c e . The area of notification was 300 f eet . There were no l etters of objection . Mr . Fatool presented a pe tition signed by 9 prope rty owners adjacent to and near his home approving this app l ication fo r variances . There were no objectors present. BOARD 'S ACTI ON OIl PUBL IC HEARI l'G Re: John W. Fatoo l Mr . Paden, sec o nded b y Mr . Foster, moved that the P lanning and Zon ing Board recommend to the City Council that the V app l icat i on of John W. Fa too l , owner of Lo t 4 Blo c k 6-Ludlum Estates Subdivision, for variances of 4 feet on side setback on s wimming pool and 4 .5 feet on side setback for screen enc l osure to al l ow construct i on of a swimmin g pool and screen enc l osure be granted . Location: 6621 SW 77 Terrace . Po lled -::--;~.-::- Yes 6 No I Corsi g lia There being no further business before the Bo9.rd , the meeting was adjour ned upon motion properly made , duly seconded and carried at 8:30 P . H . By: o ;( 4i f cec llV ~. Greene, Zoning Direct o r • c c 0 . '-0 HINUTr:S OF THE RE GUL AR MEE TI NG OF THE :::;OUTH MI J\!H "LANNING AND ZON I NG BOARD , OCTOB E R 3 1, 1 96 1, AT THE CITY HA LL AT 8 :00 P .H . Pre sent: J ack :::;tan t on , Gha irman Carl Paden, Vic e Chairman Alb e rt Corsigli a J ohn Brau S i dney S frons on James F e r gu s on , Jr . Thomas Fo ste r C . R . Gibbs My r on Keys R . E . Hu tledge , Jr . Haro l d Ya k e l y ~l r. Yakely, s econded by Hr. Gil)bs , moved that the mi nut es of the r egul a r meeting of Octobe r 1 0 , 1 96 1 be adop t ed as ind ivi dua lly r ead . Po lled -Motion carr i ed unanimou sly . -::--::--::--::--::--;:--;:--::--::- Chairman Stanton t hen r ead t he not ic e o f pub l i c heari n g on the application of J ohn J . a n d Sarah L . Ro ot , owners of the \,J 264' of the s~ of s J"J i Sl',J~ Sj,Tt of <:;e cti on 24 -54-40 , l ess the north 60 ' o f the W 2 00 ' thereof subj e ct t o r o a d dedications of re c o r d , for a chang e o f zonin g fr om RU -l to C-2. The area of notificatio n was 300 f ee t . fi r. the and Mon ra d fl . Thue , Jr ., attorney for the app lic ants, addressed Board a nd invite d attention to his l ett e r of October 1 0 , 1961 t he app l icants I l ette r o f Oct'obe r 28 , 1 961. Octobe r 19, 1961 P l annin g a nd Zoning Commis si o n City o f South Mi am i South }1iami, F lo ri d a Gentlemen: \oI e repre sent t il T . and Nrs . John J . Ho ot who are the own e rs o f the following described property wi thin the corpo rate limits of S ou th Miami, Florida: The 'lest 264 feet of the South ~ o f the Southwest one - lJ.u a rter, Sout h west one -quarter, SouthHest o ne -quarter , Se ct io n 24 , 'l'ownsh i o 5 4 South , R ange 4 0 E ast , l e ss the No rth 60 f ee t of the I·Tes t 2 00 f ee t the reo f, s u bject to r oad dedications of records , L which property is on the Northeast corner of the intersection of H iller Road and Lud l am Road . Ap plication is he reby made f or the rezonin g of this property f r om its preRent RU -l classification to C -2 (commercial ). The owners are requesti n g this r ezoning for the folloViing reasons : 1. The conR tru ction of gasoline se r;vi ce stations on the North- west and Southwest corners of t h is intersection, to g ether with othe r commercial activity near the property , have chang ed the char- acter of this PY'o ·,'erty from residenti a l to commerci a l. 2 . The heavy vo l ume of traffic on Lud lam and ~Ii ller Ro ads has c hanr ed the character of the p roperty from reRidential to comme rc ial. 3 . The foregoing reas on s have made it unwise , i mp r a c tica l and undesirable to devote the property to the uses available under zoning c l assification RU -l. 4.. The adj acent commercia l acti vi ty haR a c tually reduced the value of this property for residential use . 5 . The existing residential zoning has caused this property to be pra ctically unusab l e and unmarketable . 6 . The existence of a 50 foot \>later p ipe easement on the prope rty, as RhoVin on the survey Hhich has been furnished to the Bui l ding Inspe ctor, rend ers it virtually imp os sib l e to c onform t o the setback and other regulat i ons app l icab l e to sin p;l e family residences. 7. The applicants have owned and pa i d taxes on the property f o r many years , and the non -utility of the property b y reason o f the zonin g has created and wil l continue to create a definite hardship to them. ~. The applicants also are owners of residential property adjacent to the Eas t of the tract under c on side r ation, whi ch wi ll a ct as an effective bump e r strip , operating and protecting the reRidential property to the East Hhich abutts on Mi ller Road . 9 . The improvement o f this vacant tract wi ll he of benefit not on l y to the applicants , but to the City o f South Niami as He ll, because of the additional tax revenue such i mproveme nt wo uld provide . Your c on si de rati on of this reques t for rezoning is g reatly appreciated . H'1T Jb g Yours very truly , 110n rad R . Thue, Jr . Attorney for Applicants -2- '--- \...- o Octobe r 28, 1 96 1 Zonin g Board City of South Miami S ubj e c t : Rezon i ng of northeast corner of "W 67 !.ven u e and !';\.) 56 Stree t from FlU -l to C -2 . Gent l emen : He a r e for the change of zO liHn g , as we own the a c re o f l a n d adjacen t to corner , to the east of 6539 SVI 56 ~t r eet , and within t h e 300 feet of the l e g a l comp l aint , for or against the z oning . Due to the c hange in commercial property surrounding us - a furniture store , run out of the home to the east of us and a catering , out of the home , on the south si de of SW 56 ~treet , vasoline stati o ns on southwest and northwef't , corners of PM 67 Ave nue , wholesa l e an d retail nursery within 1 50 f eet of the corner of S"1 67 J'.ve nue . In v iew of the g r ea t increase in tra f fic on this corner (checked by Dade Cou nty), 13 ,500 daily or near five mi llion cars a y ear , and wil l . increase 600 dai l y yearly , I , therefore , fee t th a t this corner shoul d be re z oned to C-2 . JJR :JC Ve r y trul y yours , John J . Hoo t , Sr . Sarah L . Root No othe r statemen t s in sup·po rt of this app l ication Here r eceived by the Board . '1 rit t en obje c tions we r e r e c eived from seventeen neighbo r ing property owners . Seven objectors addressed the Boa r d in per s on . BOJIRD 'S ACT I ON ~e : J ohn J . and Sarah L . Roo t Hr . Rrau, s econded by Mr . }o'os ter , moved that the P l anning and Zoning Boa r d recommend to the C ity Council that the app l ication of John J. and Silrah L . Root , OHner s of the 1.) 264 ' of the "tt o f the !,;Hi Svli s ltJi of Se c tion 24 -<;4 -40, less the north 60! of '.J 200' thereof subje c t to r oad dedications of record , for a chan ge of zoni n g from RU -l t o C -2 be den i ed on the grounds that C -2 is not in keeping with thi s area , that it would depreciate the neighbo rin g residentia l propert i es , and that ther f" is no h ardship sufficient to justify such a radical departure from the present zoning; and , further t h at subsequent to the adoption of the proposed Ru -5 zonin ~ classification now pending befo r e the City Counci l, the zonin g of t h is property be changed f r o m RU -1 t o RU -5 . Location : lIE c orner of S·, 67 Avenue and S~J 56 S t r eet . -3- -' '- C: Polled -1 0 Yes 1 No rlr . Paden indicated that he favored denial of the current appli - cation but voted NO on the motion because of the presumption that nU -5 zoning ,Jill be adopted by the Council , that it will be su it- able to this area and acceptable both to the applicants and the neighboring p roperty owners ; none of which has been established by the facts at this time . '::'-;.--:;. -;:--::--;:--::--;:--::- l'1 r . Rutled"e , seconded by Mr . Brau, moved that the Planning and Zoning Board recommend to the City Council that the Zo n ing Code be amended to provide that: ~:--:H:- "No application for a c hange of zoning affecting the same property or any portion thereof which has been withdrawn or denied shal l be filed again within one year after the date of such withdrm'Tal or final denial unless the Zoning Board al l ows withdrawal without prej udic e or the fina l de ci sion is made without nrej u di ce, provided that the one year period sha l l not comm ence to run unU.l the de cision hfls be e n rendered by the last Board to consider the application . And further p rovided the one year limi tat ion shal l not ap p l y to applications originated by the Councilor the Plannin g and Zoning Dire c tor . " Oc tober 31 , 196 1 Polled 9 Yes, 2 No Robert E . hutled g e John Brau f1 r . Corsi g lia and Mr . Paden stated that they ,lere not opp osed to the p urpose of this motion but voted NO because they consider a mandatory Haiting period of one yea r to be excessive and untenable. -::--:H:--::--::-::- There being no further business before the Board, the meeting Has adjou rn ed by motion at 8:45 P . H . By: C. (! 4(Jr, t l- w c . C . Paden Act i n g Secret ary • 'irNUTES OF THE REGULAR 11E :f:)m OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, NOVE~ffiER 14, 1961, AT THE CITY AT 8:00 P.M • Present: Jack ~tanton, Chairman Carl Paden, Vice Chairman Albert Corsiglia Absent: Sidney Efronson Thomas Foster C. R. Gibbs Myron Keys Harold Yakely James Ferguson, Jr. John Brau R. ~. Rutledge, Jr. Chairman Stanton appointed Mr. Paden as adting secretary pending the appointment of a new zoning drrector. ~H*"-::- r1r. Corsiglia, seconded by Nr. Yakely, moved that the minutes of the regular meeting of October 31, 1961 be approved as individually read. Polled -Motion carried unanimously. C >'~"' . .... .. c Chairman f,tanton then read the notice of public hearing on the application of Thomas F. Jardine, owner of Lots 1,2,3,24,25,26 Block 1 Westerfield Manor, ~ection 3, for a change of zoning from C-l for Lots 1,2,3 and RU-l for Lots 24,25,26 to C-2 for all. Location: SE corner of SW 59 Avenue and SW 40 Street. NE corner of ~W 59 Avenue and f,W 41 Street. The area of notification was 300 feet. Mr. George Thomson, attorney for Mr. Jardine, addressed the Board on behalf of the applicant. Several letters .Tere received. .;; .:" . ',', ....... "" ;, ;)- T'" .,:.;", (: .j" -- - · .. INUTEi> OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, NOVEMBER 28, 1961, AT CITY HALL AT 8:00 P.N. Present: Jack f>tanton, Chairman Carl Paden, Vice Chairman John Brau Albert Corsi g lia Sydney Efronson James Ferguson, Jr. Thomas Foster C. R. Gibbs Myron Keys R. E. Rutledge, Jr. Harold Yakely Absent: None ~~--:H:- Mr. Yakely, seconded by Mr. Gibbs, moved that the minutes of the regular meeting of Nove mber 14, 1961 be approved as individually read. Polled -Hotion carried unanimously. ~HH :' Chairman Stanton read the notice of public hearing on the appli- cation of Robert M. Anderson, owner of Tract A Ludlum Estates Subdivision, for a variance of 16 1 on rear setback to allow the construction of a single family residence. The area of notification was 300 feet. Mr. Anderson addressed the Board in his ovm behalf and invited attention to the peculiar location and irregular shape of this lot. No communications for or a g ainst this application were received. No objectors a p peared. Mr. Rutledge, seconded by ~'I r. Gibbs, moved that the Planning and Zoning Board recommend to the City Council that the application of Robert M. Anders on, owner of Tract A Ludlum Estates Subdivision, for a variance of 16' on rear setback be granted. fJ'ter extended discussion, Mr. Paden, seconded by Mr. Yakely, moved that the application of Robert M. ft~derson be tabled to permit fur- ther study by the Board. ~:.-;:.~:. Polled -Yes 7 No 4 L -3-c Mr. Brau and Mr . Keys withdrew at this point . -:HH: Mr. Foster, seconded by Mr . Efronson , moved that on the basis of a written opinion by the City Atto rney, dated November 13, 1 961, and addressed to Chairman Stanton, the P lanning and Zoning Board wi ll not accept in the futur e an application for a variance or chan ge of zoning on the sam e pie ce of propert y within six mont hs from the date of fin al action by the Board on a p revious application . Po lled 9 Yes o No Hr. Jac k Stanton 6520 }l ille r Road South Miami, F lori da Dear }-fr . Stanton: No vember 13, 1 96 1 Pursuant to our conversation of recent date , I am dropping you a short note re g arding the proposed c hange in zonin g pro c edure as out~ lined in the Board 's re cent re comm endation to the Council . Refer- ring , of c ourse , to the rec omm.endation of the Board that zoning appli - c at ions as to any pa rticular piece of property be considered not more often than once a year . '-I refer you to Section 2 0 -51, et seq., of the Code o f Ordinances . Under these prov isions the P lann ing a nd Zoning Board is free to adOpt its own rul es of p roc edure . It is my opinion that as a pa rt o f the pr o ce dural rules the Board may impose any reasonable require- ment not in dire ct violation of the City Chart e r or Ordinances . It is my understandin g that the Board has alr e ady taken advantage of this Section and limited the numbe r of publi c heari ngs to three per session . I sugges t that you use this power to impos e some restraint as to repe ated applications for re z on in g of prope r ty, however , I c ons ider one y ear to be mo st unreas onable and unfair, le g ally speaking . I believe that you c oul d hold to a 90 day r equirement . It is p ossible that a s ix month requirement mi ght s ta nd UP if there were no inter- vening change s in the p r operty concerned . The true test is one of reasonabl e ness and my feeling is that the Board i s mo r e capab l e of d et e rminin g what is re asonable than I, and t herefore, I do not make any concrete su ggestions as to the time element, other th an set forth above . One nh a s e in par t i cular bothers me with t h is type restraint . It is v ery easy to r e phras e an app li cation and meke it appear l egally a c omplete l y new p roposition, etc ., L e ., a man mi ght apply f or a var i- ance , then reapply fo r a re z o ·'1 ing , t hen reapply for a rez on ing of a another n a ture, or z oning classification, and I d o not b e lieve you can stop this BBHbg Mo st cordially 'T ours, Geo r ge B .· Hardie; Jr. "- C" ··4- ':HH ~' Mr . Efr o n son, s econded by Nr . Rut le dre , mov ed t ha t at all future me et i n p:s o f the P l anninf' and Zon i ng Boar d , a t wh ich o ne or more puh l i c he a r i ng s are sche d u l ed , a p rofe s si o n a l s teno g r aph e r shall b e emp l oyed to recor d a nd tran s cribe t he p roceeding s. .::.~: .. ;:- P olled -9 Ye s o No Th ere b ei n g no f 1..::'ther bus i ness b e fo re t he Boar d , the me e ting wa s adj ourne d at 1 0:0 0 p , Mo Car l P aden, Ac t in g S e cre t a r y , · '--' '-- '- Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD JANUARY 22, 1962 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Albert Corsiglia Thomas Foster C . R. Gibbs Myron Keys Carl Paden Edward C. Vining, Jr . Harold Yakely Sidney Efronson John V . Hardeman, Jr . lY"rr. Paden, seconded by Mr. Brau, moved that the minutes of the regular meeting of January 8, 1963, be approved as individually read . Polled: Motion carried unanimously **** The Chairman read the notice of public hearing on the application of Hope Lutheran Church, owner of Lots 1 thru 10 and 31 thru 36, Block 2, Bird Road Estates, PB 32/18, for a variance on setbacks for the purpose of constructing a new sanctuary. Required 25' -proposed 20'1", variance 4'9", located at 6330 Bird Road. After a revie~ by the Board of the plot plan presented by the Architect, Alfred Parker, and the discussion of changes of the pro- posed construction relatitive to the zoning property line, the Hope Lutheran Church withdrew their request for a variance. **** The Chairman stated the tabled item of Thomas F. Jardine remains on the table. **** The Chairman asked the Board's pleasure on the tabled Bird Road Report. Colonel Yakely, seconded by Colonel Gibbs, moved that the Bird Road matter be removed from the table. Motion carried . 1/22/63 '- '--~ "-- • ,...., Mr. Brau commented on Mr . Ferguson no longer being on the Board, however, they held a meeting with Colonel Gibbs and decided for the record as well as for the information for the Council, that they would submit a written report. Mr . Brau read his report and Colonel Gibbs also read his report. Mr. Brau suggested both reports be made record of the minutes. Colonel Yakely, seconded by Colonel Gibbs, moved that these reports be accepted and made part of the minutes , as a matter of information and for future reference. Motion carried unanimously. Colonel Gibbs, seconded by Mr . Brau, moved to recommend to the City Council, that the Board has studied the matter of re-zoning along the South side of Bird Road, and the Board finds that this area should not be rezoned at this time. Polled : Motion carried unanimously . **** The Chairman appointed himself the minutes of the Council sent out members prior to approval of same. City Manager on this matter. **** as a committee of to the Planning & The Chairman will one, to have Zoning Board speak to the Mr. Vining brought up the matter of set-back information given over the telephone, if incorrect information is given, as was evident at tonight's hearing of Hope Lutheran Church, it would be detrimental to the architect and planners, and a reflection on the City. This can result in a costly mistake. **** The meeting adjourned upon motion made by Mr. Vining, seconded by Mr. Brau and carried at 9 :40 P.M. Enc. Copy of Bird Road Report Copy of Bird Road Report J. Brau C. Gibbs 1/22/63 ......... ," • BIRD ROAD REZONING As a committee member appointed by Chairman Stanton to make a study of the city areas of Bird Road and make recommendations to the Board, I submit the following analysis of my study . The subject property is presently zoned RU-2. The majority of requests for change have been for C-l . The property to the rear of the Bird Road frontage is zoned RU-l. To arbitrarily change zoning so that C-l abutts RU-l is against all recognized planning and zoning principles and practice. To do so would create a new hardship to many more property owners than are affected under the present study of Bird Road frontage owners. There is no question that a problem exists with Bird Road frontage ; however, to create a new problem is no way to correct an existing problem. It is obvious that there is an abundance of useable land in South Miami that is zoned business and is not being utilized for business. The need for additional commercially zoned property is very quest- ionable. To give strong consideration to the point of increasing real estate and other tax income is unfeasible. There are several blighted areas in South Miami that requires far more ~er~ices and produce far less tax income than the subject property. Our c colored area is a blantant example. There has been no real, concrete, tangible evidence of need for businesses on Bird Road. The arterial traffic p;ooblem that is cited as detrimental to the land use from a residential viewpoint is, by the same token, a ripe situation for increased hazardous and crippling traffic flow that would evolve from commercial use of this subject property. To grant a zoning change on the basis o f argument that the land can not be utilized for RU-2 because of the arterial traffic nature of Bird Road would serve to set aprecedent that could · - conceivably affect the other arterial roads, namely; Sunset Drive, Red Road, Ludlam Road, Miller Road and SW 62 Avenue. Traffic flow alone cannot dictate zoning use. This Board sits as a Planning Board as well as a Zoning Board. We must plan as well as zone. To take isolated lots and rezone without planning is to create future Zoning and planning problems. Bird Road, being a section line, has been a main road for many years. It is not difficult to ascertain that the County and State Road Departments set-up section line road-ways as the primary type, arterial rights-of-ways. The right-of-way dedica- tions are greater on section lines and half section lines. This information is easily obtainable from the proper County officials. The argument that some relief should be granted was a valid one. By going to RU-2 a degree of relief was granted. The question is whether or not this is sufficient relief; however, there also arises the question of what relief to several groups of lots will do to the balance of the area. Spot relief has rarely served to properly rectify any controversial area. Following a thorough study and based on studied planning and zoning I submit the following recommendations. 1. That the entire municipal area from Bird Road South to the City's South Boundary being 1 lot deep on SW 44 Street, be taken under study for an overall plan for equitable, suitable, reason- able and sensible rezoning. That this study be made by a Planning Committee from the Board, and that a member of the City Council and/or a City Zoning Director be an ex-officio member of the Committee to provide a fundamental liaison between Council and Board. That after a thorough study and a homogenization of the committee's planning a writ~en report be submitted to Council, and in addition, this report be mailed out to all property owners in the affected areas. That the next step be to hold a Public Hearing, followed by a final report and recommendation by the Board to the Council for action. 2. That the above report include a reversionary provision of from two to ten years on any recommended and granted zoning changes. 3. That the County Planning and Zoning Board be invited to attend meetings and to submit any recommendations. That the City try to work with County planning where County co-operation is extended. 4. That Bird Road property owners be advised that any requests during the interim period prior to action by the City on the recommended report will be heard without prejudice; however, it is recommended that only those requests accompanied by tangible, concrete building and use plans be submitted; and further that Council place a 90 day reversionary provision on any such granted applications. Respectfully submitted, John W. Brau, Vice Chairman, South Miami Planning & Zoning Advisory Brd. REPORT OF BIRD ROAD REZONING STUDY BY COMMITTEE MEMBER, C . R. GIBBS 1. GENERAL : I have studied the zoning situation on Bird Road between SW 57 Avenue and Ludlam Road and recommend a written report to the Planning and Zoning Board, substantially as follows : a. The area has been developing during the past 20 years from a sparsely settled residential area to an increasingly approved commercial area. The area presently constitutes a hodge-podge of residential homes an d commercial establishments, with sizeable areas not yet built upon . b. It is apparent that in recent years the "through-highway" aspect of Bird Road under the expanding trend of construction to the South and West in Dade County, has become evident to the property owners and they are, almost without exception, holding their property for increased valuation or sale-profit. ·c. There appears little likelihood of continued residential development along Bird Road in the South Miami area, because of the creeping encroachment of commercial zoning variances during the past few years . d. The existence of Tropical Park and the Palmetto Expressway immmediately to the West of the subj e ct area would have a depressant effect on residential building , even though a strict residential zoning were maintained. These two permanent in- stallations because of their magnitude could not conceivably be removed in the foreseeable future, and hence no one could reasonably expect a residential growth to the West from Coral Gables; or even less likely, a "residential renewal" program in the future for this area, as was recently described by Mr . Barton (City Manager) as being the trend in certain older, northern metropolitan areas. e . The lots on the South side of Bird Road in the subject area of insufficient depth to allow reasonably consistent commercial use. They vary from about 90' to about 150', less easements . f. It would be possible to rezone for RU-5 in the entire area, with reasonable use of the narrow depth lots, provided the Purchaser/Builder were willing to obtain additional land for parking, and to locate his proposed building with regard to shape and depth of the lots. The lots generally are not suitable for even RU-5 use as presently laid out. 2 . CONCLUSIONS : a . It is apparent that there will be no appreciable further residential construction in the subj.ect area. The property owners, in general, are apparently more interested in the sale/ profit aspects of this property. b. There is no reasonable future commercial use of the South side of Bird Road, within the subject area, without rezoning, variances, or special-use permits . c. Since there is no clear indication whether RU-5 (or less restrictive commercial use) may be appropriate, because of the "Wait-and-see" attitude of those interested monetarily in the property, it may be best at this time to withhold rezoning action with regard to the entire area. d. The best prospective action at this time would appear to be the announcement of the foregoing concept, with the anticipation that prospective or present property owners would submit a plan for suitable commercial development of proper sized parcels of land. In this manner, orderly transition of the Bird Road area and adjacent areas to the South could be considered by the Board. 2 C . R. Gib bs MINUTES OF THE REGULAR MEETING OF THE SOUTH HUHI PLANNING AND ZONING BOARD, FEBRUARY 27, 1962, AT THE CITY HALL AT 8:00 P.M. Present: Carl Paden, Vice Chairman John Brau Absent: {HH~ Albert Corsiglia James Ferguson Thomas Foster C. R. Gibbs Myron Keys Harold Yakely Jack Stanton, Chairman Sydney Efronson R. E. Rutledge Mr. Yakely, seconded by Hr. Corsiglia, moved that the minutes of the regular meeting of February 13, 1962 be adopted as individually read. Polled -~iotion carried unanimously. iHH~ The matter of the a~plication of Mrs. Emily Lowing, owner of the S 67' of the E 165' of Tract 1 of Larkins Forest Subdivision. for a change of zoning from RU-l to C-l to permit the operation of a Farm Store (retail dairy store) was brought before the Board at the request of Mr. Thomson, attorney for the owner. Location: 7420 ~w 57 Avenue. The Board recommended to the City Council on December 12, 1961 by a vote of 7 to 2 that this application be DENIED. On January 16, 1962, the City Council placed this matter on the table. The Board is in receipt of a letter from Mr. George Thomson, attorney for Mrs. Lowing, dated February 19, 1962, requesting that he be permitted to appear before the Board at its next regular meeting. Mr. Thomson addressed the Board in behalf of the applicant regard- ing the recommendation for Denial by the Board on December 12, 1961. Mr. Quarles, tenant of the property, spoke in behalf of Mrs. Lowing. Mr. Keys was excused before the Board went into executive session. BOARD'S ACTION Re: Mrs. Emily Lowing's Application Mr. Foster, seconded b§ Mr. Corsiglia, moved that the Planning and • Zoning Board further recommend to the City Council that the a~plication of Mrs. Emily Lowing, owner of the S 67' of the E 165' of Tract 1 of Larkins Forest ~ubdivision, for a change of zoning from RU-l to C-l to ~ermit a Farm Store (retail dairy store), be DENIED because the Board finds certain aspects of this operation similar to C-2 classification and believes this type of operation in this area would not be in the best interests of the City. Polled -5 Yes 2 No Gibbs and Brau Mr. Corsiglia, seconded by Mr. Foster, in view of failure to obtain a majority vote of the Board (6 votes), moved to table this matter until the next regular meeting. Polled 5 Yes 2 No Gibbs and Brau ~Ht-* There being no further business before the Board, the meeting was adjourned upon motion properly made, duly seconded and carried at 9:45 p.ri. Harold Yakely, Acting Secretary South Miami Planning and Zoning Board MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, MAY 8, 1962, AT THE CITY HALL AT 8:00 P.M. Present: Jack Stanton, Chairman John Brau, Vice Chairman Albert Corsiglia Absent: **** Thomas Foster John V. Hardeman, Jr. Myron Keys C. R. Gibbs Carl Paden Harold Yake1y Sidney Efronson; James Ferguson Mr. Paden, seconded by Mr. Brau, moved that the minutes of the regular meeting of April 24 be corrected to read Mr. Brau, Vice Chairman, and Mr. Paden's name removed as Vice Chairman, this change was made April 10, 1962. Minutes stand corrected as read. Polled -Motion carried unanimously. **** The Chairman read the notice of public hearing on the application of Will Ferguson, owner of Lot 53, Block 9, of Franklin Subdivision, for a Special Use permit to convert the garage of his home into living quarters. Location: 6401 SW 59 Ct. No communications for or against this application were received by the Board and no objectors appeared in person. BOARD'S ACTION Re: Will Ferguson's application Mr. Foster, seconded by Mr. Keys, moved that the Planning and Zoning Board recommend to the City Council that the applica- tion of Will Ferguson be approved as submitted. Mr. Paden wishes to go on record that he is not opposed to this recommendation but wanted something in the minutes that this is a hardship case, that the letter should be made part of the minutes, that this would not establish a precedent. Ma",-",h 28. 1962 To the South Miami Planning and Zoning Board Re: will Ferguson, 6401 SW 59 Court. South Miami, Florida At the suggestion of the South Miami Building Inspector I am writing this letter regarding \'Jill Ferguson. I hRve known him for at least 20 years, and he has lived in South Miami since 1914. He started converting the garage of his home into living quarters, really a small apartment, not knowing he had to have a permit. The man he had engaged to do the work called it a remodeling job that did not require a permit, but now he understands a permit is necessary. Will has been blind for the past four years. He is desperately in need of income funds and is in need of a little income from the rental of these quarters. I am fully aware of his condition and can vouch for same. Your attention and consideration \~ill be appreciated. **** Polled -Yes. 9 No, 0 Sincerely. /s/ Elva Carballo Mr. CorSiglia asked for leave of absence of 30 days and was granted same. **** All members expressed their appreciation in having a secretary to take the minutes. Mr. Paden is to be commended on handling the extra duties as secretary. **** There being no further business before the Board, the meeting was adjourned upon motion properly made, duly seconded and carried at 8:15 P.M. 111~C~ Matilda Callan, Secretary _/ MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD, MAY 8, 1962, AT THE CITY HALL AT 8:00 P.M. Present: Jack Stanton, Chairman John Brau, Vice Chairman Albert Corsiglia Absent: **** Thomas Foster John V. Hardeman, Jr. Myron Keys C. R. Gibbs Carl Paden Harold Y2.ke:y Sidney Efronson; James Ferguson Mr. Paden, seconded by Mr. Brau, moved that the minutes of the regular meeting of April 24 be corrected to read Mr. Brau, Vice Chairman, and Mr. Paden's name removed as Vice Chairman, this change was made April 10, 1962. Minutes stand corrected as read. Polled -Hot ion carried unanimously. **** The Chairman read the notice of public hearing on the application of Will Ferguson, owner of Lot 53, Block 9, of Franklin SUbdivision, for a Special Use permit to convert the garage of his home into living quarters. Location: 6401 SW 59 Ct. No communications for or against this application were received by the Board and no objectors appeared in person. BOARD'S ACTION Re: Will Ferguson's application Mr. Foster, seconded by Mr. Keys, moved that the Planning and Zoning Board recommend to the City Council that the applica- tion of Will Ferguson be approved as submitted. Mr. Paden wishes to go on record that he is not opposed to this recommendation but wanted something in the minutes that this is a hardship case, that the letter should be made part of the minutes, that this would not establish a precedent. Ma~'ch 28, 1962 To the South Miami Planning and Zoning Board Re: will Ferguson, 6401 sw 59 Court, South Miami, Florida At the suggestion of the South Miami Building Inspector I am writing this letter regarding lVill Ferguson. I have known him for at least 20 years, and he has lived in South Miami since 1914. He started converting the garage of his home into living quarters, really a small apartment, not knowing he had to have a permit. The man he had engaged to do the work called it a remodeling job that did not require a permit, but now he understands a permit is necessary. Will has been blind for the past four years. He is desperately in need of income funds and is in need of a little income from the rental of these quarters. I am fully aware of his condition and can vouch for same. Your attention and consideration \'lill be appreciated. **** Polled -Yes, 9 No, 0 Sincerely, /s/ Elva Carballo Mr. Corsiglia asked for leave of absence of 30 days and was granted same. **** All members expressed their appreciation in having a secretary to take the minutes. Mr. Paden is to be commended on handling the extra duties as secretary. **** There being no further business before the Board, the meeting was adjourned upon motion properly made, duly seconded and carried at 8:15 P.M. /n~(!.~ Matilda Callan, Secretary MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD MAY 29, 1962 AT 8 P.M. AT CITY HALL Present: Jack Stanton, Chairman John Brau, Vice Chairman Sidney Efronson James Ferguson Thomas Foster C. R. Gibbs John V. Hardeman Myron Keys Carl Paden Harold Yakely Absent: Albert Cor3iglia **** Chairman Jack Stanton, seconded by Colonel Gibbs, moved that the minutes of the regular meeting of May 8 be approved as read. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the appli- cation of Frank R. Howell, owner of Lot 3, Block 13, Seaview Park, First Addition, for a variance on rear setback to allow the addition of a room to residence. Location 5960 SW 85 Street. Present setback requirement 25 feet; proposed 23.58 feet, Variance 1.42 Mr. Howell presented letter to Chairman showing no objections from neighbors regarding this variance. No objectors appeared in person. BOARD'S ACTION Re: Frank Howell'S application Mr. Keys seconded by Colonel Gibbs moved that the Planning and Zoning Board recommend to the City Council that the application of Frank Hmvell be approved as submitted. Polled -8, Yes 2, No Motion carried Mr. Paden requested to make note in minutes that no justification was offered by applicant and no hardship shown for this variance. -1- **** The Chairman read the notice of public hearing on the application of J. F. Lineberger, O\vner of VJ 175' of N 180' of wlz of NE';, of NT!7';, of Section 24-54-40, less N 50' and W 25' granted for road purposes, for a change of zoning or Special Use permit to allo\v the construction of a Gasoline Service Station. Location -SE corner of Bird Road and S~J 65 Avenue. No communication for or against this application were received by the Board. No objectors appeared in person. BOARD'S ACTION Mr. Brau, seconded by Mr. Efronson, moved that the Planning and Zoning Board recommend to the City Council that the application for a Special Use Permit complying with all building requirements and City zoning be approved. **** Polled -7, Yes 3, No Motion carried The Chairman read the notice of public hearing on the application of South Miami Hospital, lessee of Lot 28 and Lot 29, W. A. Hobbs Subdivision, for a Special Use Permit to allow the operation of a Hospital Personnel and Bond Office. Location- 6251 Sw 74 Street. No communication for or against this application were received by the Board and no objectors were present. BOARD'S ACTION Re: South Miami Hospital's application Colonel Gibbs, seconded by Mr. Yakely, moved that the Planning and Zoning Board recommend to the City Council that the application of South Miami Hospital for a Special Use Permit be granted to South Miami Hospital as lessee of subject property. Polled -Motion carried unanimously NOTE: Mr. Thomson, attorney for the Hospital requested that the required fee be waived, but this Board felt this was not within their providence. -2- ·n** The Chairman read the notice of public hearing on the application of ~"Jilliam Lehman Motors, Inc., owner of Tract 2-A of E. R. Clark Property, a subdivision of a portion of Amended Plat of Palm Miami Heights 43/20, for a variance to permit the con~truction of a garage with a body shop stall for the reconditioning of automobiles. Location -Approximately 6251 Svl 78 Street. The Chairman read letters of protest from Reverend Arthur Rantz, Mr. X. F. Bober. Objectors present: lfrr. Jack Bronson represented the neighbors protesting this variance; Mr. Bronson's father at 6200 SW 78 Street, lfrrs. Baker at 6210 Slil 78 Street, Mrs. Lee Taylor at 6240 S\'J 78 Street, Mrs. Myers a-t 6221 SW 78 Street, and Mr. ,'Jhi telock at 6211 SW 78 Street. Mrs. Robertson as trustee for Mrs. Taylor's children objected with regard to the children's interest in this property at 6210 sw 78 Street. Mr. Stanley Ersoff represented Mr. Miller, stated Mr. Miller has deposit receipt on the above legal description and that a suit is now pending. Mr. Ersoff asked that the Board withhold decision on this variance. BOARD'S ACTION Re: Wm. Lehman Motors, Inc., application Mr. Efronson, seconded by Colonel Gibbs, moved to table this application. Polled -Motion to table -carried unanimously **** The Chairman asked for the Board's feelings on the proposed Tenative Plat of JOHN'S VILLAS SUBDIVISION. Mr. Yakely, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council that the Tenative Plat of John's Villas Subdivision be approved as submitted. ** Polled -8, Yes 2, No Motion carried Mr. Paden, motion carried, seconded by Mr. Brau moved to adjourn meeting, meeting adjourned at 9:55 P.M. '--m.(!~ Respectfully ~ubmitted, M. Callan,Secy. Present: Absent: -iHHH( MINUTES OF THE REGULAR MEETING OF THE SOUTH MIfu~I PLANNING AND ZONING BOARD JUNE 12, 1962 AT 8 P.M. AT CITY HALL Jack Stanton, Chairman John Brau, Vice Chairman Albert Corsiglia Sidney Efronson Thomas Foster Myron Keys Carl ?aden Harold Yakely James E. Ferguson C. R. Gibbs John V. Hardeman Mr. Efronson seconded by Mr. Paden moved that the minutes of the regular meeting of May 29 be approved as prepared. Polled -Motion carried unanimously ·::--iHH:- The Chairman read the notiue of public hearing on the application of Kenneth A. Bastholm, owner of the East 137.5' of Tract 4, Larkins Forrest Subdivision, for a change of zoning to permit the construction of a professional building. Location -7450 sw 57 Avenue. Existing Zoning RU-l; Proposed RU-5. The Chairman read a letter of approval from Milton Field, now owner of the late Maurice Field property. Mr. Thomson, attorney for Mr. Bastholm furnished drawings on this property which were viewed by the Board and copy of same will be made part of this file. There were no objectors present and no letters of objection received. BOARD'S ACTION RE: Kenneth Bastholm's application Mr. Paden seconded by Mr. Keys moved that the Planning and Zoning Board recommend to the City Council that the application of Kenneth Bastholm be approved as submitted. Polled -Motion carried unanimously ~:HH:·~:· The Chairman read the notice of public hearing on the application of Jerry Annis and .?hilip Berman, owners of Tracts 2 and 3, Revised Plat Tract A, Southgate Center ?B 65/35, for a change of zoning to allow the construction of an apartment house. Location -North of apartment house at 6341-51 SW 80 Street. (North of Canal.) Existing Zoning c-2; Proposed RU-4. Mr. William Woziuk of 6341 S~J 80 Street appeared before the Board to voice his objection on changing the zoning to RU-4, stating this property should remain commercial as the City is already crowded with apartments. No other objectors present and no letters of objections were received. BOARD'S ACTION Re: Jerry Annis and Philip Berman's application Mr. Yakely seconded by Mr. Brau made a motion that the Planning and Zoning Board recommend to the City Council to approve request of Jerry Annis and Philip Berman for change of zoning from C-2 to RU-4. Polled -Motion carried unanimously. ~:-~H:·~:· The Chairman read the notice of public hearing on the application of Raymond F. Bierbaum and John Trabold, owners of Lots 4 and 5 of Block 2, McKeever Terrace, for a change of zoning to permit the construction of a 7-11 Grocery Store. Location- SW Corner of SW 61 Avenue and Bird Road. ~xisting Zoning RU-2 on Lot 5; RU-l on Lot 4. Proposed C-l. The Chairman read letters of objection from the following: Robert E. Coleman of 4108 Stu 62 Ave. Hr. and Hrs. Raymond A. Melton of 4032 SW 62 Avenue, Albert and Dorothy Carr of 4033 S1;1 62 Avenue, Bernard L. Young of 4032 Sl~ 61 Avenue, Mr. and Mrs. Stephen Kozazcki of 4101 '31,'1 62 Avenue, Mr. R8Y tVilson of 4100 SW 62 Avenue, Mr. and Mrs. R. F. Bennett of 4100 SIt! 61 Avenue, and a circularized letter written by Mrs. f" E. Breitenstein of 4023 m~ 62 Avenue. Letter of approval on application was received from Carl E. Taylor of 4125 S'I1 62 jIVenue. BOARD'S ACTION Re: Raymond F. Bierbau and John Trabold's application Mr. Foster seconded by Mr. Yakely moved to table this appli- cation. The Board was informed of pending suit which is now before the Appelate Court and Mr. Foster's motion was to table this application until the Appelate Court renders their opinion on the Lower Court's decision. Polled -Yes, 6 No, 2 ·:H:·-;~-·~~ Remarks: Mr. Foster seconded by Mr. Keys moved that the ?lanning and Zoning Board recommend to the City Council that Sub-paragraph (d) of ?aragraph (2) of C;ection 20-14 of the Zoning Code that reads APAl1TMENT HOUSES AND HOTELS --"One parking space for each . 2 sleeDing rooms" be amended to read "One rrarking SDace for each unit of two or less sleeping rooms, and 2 of parking space for each additional sleeping room. Polled -Motion passed unanimously There being no further business Mr. Paden seconded by Mr. Corsiglia moved to adjourn. Motion carried, meeting adjourned at 9:10 2. M. ResDectfully submitted, '-, "j .... / t· ,. /1//1. '/r:·( ,.f/ (~ (.:,b-il.~p/1----' Aatilda lJallan, :3ecretary Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD JUNE 26, 1962 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau, Vice Chairman Albert Corsiglia Sidney Efronson Thomas Foster C. R. Gibbs Myron Keyti Harold Yakely James Ferguson John V. Hardeman Carl Paden Executive meeting Mr. Efrontion,seconded by Mr. Corsiglia, moved that the minutes of the regular meeting of June 12 be approved a~ prepared. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the application of James Bruce, lessee of 4036-40 Red Road, Lots 11-14 Block 2 t'iesterfield Manor, Sec. 1, 2 PB 18/47, for a change of zoning to permit a cocktail lounge in conjunction with the LIQUOR MART at 4040 Red Road. Existing Zoning C-l; Proposed C-2. The Chairman read letters of objection from Doctors F. E. Verdon and J. K. Rozum 4100 Red Road; telegram from City of Coral Gables Zoning Board, signed by John E. Vinsant Secretary; special delivery letter from Doctor H. B. Rosen 5710 SW 41 Street; petition signed by 50 objectors. Mr. Bruce rerccesentiiig himself, gave a short resume of his business career and why he hoped tloe Zoning Board '~ould recommend a change of zoning. The Chairman asked if any objectors were present -from the large number present -the following objectors were heard: Sid Steinberg represented Association of Merchants on Red Road; William Gray 1521 Garcia; Dr. John Liebler 1511 Cantoria and a request from Mr. Cook of Metro Zoning to record his objection. BOARD'S ACTION Re: James Bruce's application Mr. Corsiglia seconded by Mr. Brau moved that the Planning and Zoning Board recorrunend to the City Council tr.at application of James Bruce be denied as C-2 zoning request. Polled -Yes, ·8 1 Absentee Motion carried **** The Chairman read the notice of pUblic hearing on the application of Irene T. Marchion, owner of the South 87' of Lots 10,11,12,13,14,15, Block 9, Cocoplum Terrace PB 25/4, for a change of zoning for the purpose of opening a Real Estate Broker's office at 6333 Sunset Drive. Present Zoning RU-l; Proposed RU-5. The Chairman read a postal card in favor of change from Irene Briner of 7223 S\'] 63 Court. Letter of objection from W. D. Horton 6377 SW 69 Street; petition of 52 names opposing change of zoning. Mrs. Marchion appeared before the Board, stated she did not want to change appearance of residence but only to open an office to supplement her income as the property is too much of an investment as a residence. Joe Tatol of 6313 Sunset next door neighbor to Mrs. Marchion is putting his house on the market for sale as a residence, he did not Object to the change of zoning as he felt Sunset is destined to be commercial. Frank Van Marlen of 5610 Sunset had no objection to change of zoning. There being no others in favor, the Chairman called for objectors present at this meeting. James Bronson of 63 Court objected as this being Spot or Strip Zoning, but if an Occupancy License could be issued and not be transferrable, he would not object. Isabel Boggs of 63 Court; Mr. Topping 7011 S .. , 63 Court; and i'lrs. Henry, voiced their objections to change of zoning. BOARD'S ACTION Re: Irene T. i'larchion's application Mr. Yakely seconded by i'lr. Corsiglia moved that the Planning and Zoning Boctrd recommend to the City Council that the Board deny the application of Irene Marchion of zoning from RU-l to RU-5. **** Polled -Yes, 7 No, 1 1 Absentee Motion carried The Chairman read the notice of public hearing on the application of Robert M. Shermer, owner of Lot D of Re-subdivision of Lots 7,8 Block 1 and Lot 7 Block 3, La Hamaca 55/26 for variances as fOllows: Location -6301 Miller Road 1. Reduce the required 25' rear setback on residence to 10' to allow the addition of a Game Room. 2. To convert storage area in detached two car garage to a room and bath. The Chairman read a letter in favor of variances from Peggy S. Fisher, 6291 Miller Road. No objectors present at meeting and no letters of objection were received. Mr. Shermer advised the Board he had built in 1954 when required set back was 5' that he had planned on adding garage to North side of rear. However, in 1957 the City had adopted a requirement of 25' rear set back. The area adjoining his property in the rear is acerage which requires a 50' set back and with this proposed variance of 10' there would be 35' between property. Mr. Joseph Ronco the owner of acerage adjoining Mr. Shermer's property did not want to object to the proposed 35' between property, but asked the Board to postpone this decision as his property is up for sale and he may want to rezone his property. The acre runs thru to 63 Court. BOARD'S ACTION Re: Robert M. Shermer's application Mr. Foster seconded by Mr. Yakely moved that the Planning and Zoning Table this application as the members of the Board could not reach an agreement with a majority of the members present. Polled -Motion carried unanimously -, REMARKS: Mr. Foster seconded by Mr. Gibbs moved that the recording secretary of the Planning and Zoning Board send notice of publjr Hearing by mail to any Municipality and Dade County Zoning Depar~-­ ments whenever their area might be adversely affected by a proposed change of zoning. Polled -Motion carried unanimously It was unanimously decided that the Chairman would not read all the names on petitions in the future. The Chairman will state the number of signatures on all petitions, and the record will be available for inspection to all interested parties. Mr. Corsiglia seconded by Mr. Yakely moved that the meeting be adjourned. Motion carried, meeting adjourned at 9:50 P. M. Respectfully submitted, Matilda Callan Secretary Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD JULY 10, 1962 AT CITY HALL AT 8 P.M. John Brau, Vice Chairman Albert Corsiglia Sidney Efronson James Ferguson C. R. Gibbs John V. Hardeman Carl Paden Harold Yakely Thomas Foster Myron Keys Jack Stanton, Chairman Mr. Yakely, seconded by Mr. Efronson moved t.lat the minutes of the regular meeting of June 26, 1962 be approved as prepared. Polled -Motion carried unanimously **** The Vice Chairman read the notice of public hearing on the application of Alfred D. Lewis, owner of Lots 25, 28, 29, and 35 of Sunrise Estates, First Addition PB 75/19, for variances on front and rear setbacks to alaow the construction of residences. Location of Lots 25 and 28, 5301 and 5391 Svl 65 Avenue; Lots 35 and 29, 5230 and 5390 SW 64 Court; Present requirements: Maximum front setback -56' Minimum rear setback -25' House must face West on Lot 28 and East on Lot 29 Proposed, Maximum front setback -90' on Lots 25 and 35 Rear setback on Lot 35-20' Permit houses to face South on Lots 28 and 29 with same setbacks of 25' to West line of Loc 29 and East line of Lot 28; 7~' to Nort~ lines, 25' on Avenue sides and 15' on Street side. Mr. Lewis was not present at time of hearing; no objectors present and no \vritten approval or objection was received by the Board. BOARD'S ACTION Re, Alfred D. Lewis's application " Mr. Paden seconded by Mr. Corsiglia moved that the Planning and Zoning Board recommend to the City Council that application of Alfred D. Lewis be approved on Lots 25 and 35 and denied on Lots 28 and 29. **** Polled -Yes, 6 No, 2 Motion carried The Vice Chairman read the notice of public hearing on the application of Eren Smith, owner of Lot 18, Block 3 of Franklin Subdivision PB 5/3!} , for a Special Use permit to allow the construction of a fish market. Location 6450 SW 59 Place. Present Zoning C-l; Proposed Use C-3 with special permission of Council. Lloyd Collier of Parkview Construction Company stated this building was designed to fit into the neighborhood and being a small building that it would not present any traffic problem in this neighborhood. That he had obtained approval from the Board of Health as there are certain requirements necessary for a fish market. One side of this building would be rented out but to the type of business Mr. Collier did not know but that it \vould be something compatible \Vi th t:he neighborhood. Mr. Collier stated he knows lYlr. Smith personally, that he is now \.;i thout Ii velyhood and would like to put this land to use. No objectors appeared before the Board and no letters of objection were received. BOARD'S ACTION Re: Eren Smith's application Mr. Corsiglia seconded by Mr. Paden moved that the Planning and Zoning Board recommend to the City Council that the application of Mr. Smith be denied. Polled -Yes 6 No 2 Motion carried '- The Vice Chairman read the notice of public hearing on the application of H. H. Tashkin and H. A. Krueger, prospective owners of Lots 21 thru 2<'., American Tm·msites Subdivision PB 3/134, for a change of zoning to permit the con3truction of an apartment house. Location approximately 7441 S~] 59 Place. Present zoning RU-l, Proposed RU-4. Mr. Thomson. represented the prospective owners. Mr. Thomson said this would be a first class con.;truction building, which ,,,ill uplift the character of the neighborhood, as this is an unimproved area and no ne\" construction has been done for a number of years. There ,,,ould be no request for variances and if this application is approved, application for permit would be made \"ithin one week and construction would begin within two weeks. No objec·tors were present, quite to the contrary, with approximately 25 people present, Helen Miller spoke for the people present. They were in terested in seeing the plans for the building, they 1tlere pleased that this property would be u.;ed for an apartment building. Mrs. Clarence Pope also spoke as owner of property in the vicinity, she was very much in favor of the proposed building. It is indeed commendable to the citizens and a healthy atmosphere for the City of South Miami that the interested people appear at our hearings to voice their approval. BOARD'S ACTION Re: H. H. Tashkin and H. A. Krueger's application Mr. Yakely seconded by Mr. Efronson moved that the Planning and Zoning Board recommend to the City Council that the application of H. H. Tashkin and H. A. Krueger for change of zoning from RU-l to RU-4 be approved. Polled -Motion carried unanimously. **** lfrr. Brau seconded by Mr. Paden moved that the previously tabled applications be postponed until the July 31 meeting when all Board members are present. Polled -Motion carried unanimously lfrr. Paden seconded by Mr. Corsiglia moved to adjourn, motion carried, meeting adjourned at 9:10 P.M. Respectfully submitted, ) /( Matilda Callan, Secretary 'lIe Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAi"!I PLANNING AND ZONING BOARD .nJLY 31,1962 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman James Ferguson Thomas Foster C. R. Gibbs John Hardeman Myron Keys Harold Yakely John Brau Albert Corsiglia Sidney Efronson Carl Paden Mr. Yakely, seoonded by Mr. Stanton moved that the minutes of the regular meeting of July 10, 1962 be approved as prepared. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the application of Margaret D. Meyer, owner of the ~169.5' of N125' of Tract 5 of Palm ~Uami Heights PB 43/36, for a variance on lot size and lot frontage to allow the construction of a single family residence. Location Corner S\1 62 Avenue and SW 78 Street Requirements: Lot frontage 100 feet with 12,500 sq. ft. of land Proposed: Lot frontage 69.5 feet with 8,687.5 sq ft of land Mrs. Myers appeared before the Board asked that a variance be granted as she would like permit to build; that the building would improve the neighborhood as she would not want to hurt her own property. She did not think that anone complained. i·lr. Keys inquired if she were the original owner; if she knew Mr. vlhi te, original owner had tried to get two house s or two buildings there. This did not come before the Board, as Mr. Greene, originally with the Department had advised lJIr. lihite that the zoning requirements would not permit two houses on the lot. IIIr. Foster remarked that there should be 100' right of way at this location. The Chairman called for any person present in favor of this variance. There being none, the Chairman called for any objectors present. Professor Rouse and Mr. C. H. Thompson appeared in objection to this variance, and letter of objection was received. -1- The Chairman then read the letter of objection from Mr. and Mrs. Steade S. Howie giving their reasons for their objections as follows: 1. According to the study made of South Miami of the best land use, the planning proposed to keep this area the lovely residential district it is. 2. There are several large tracts owned by individuals at present who are opposed to lowering the zoning of this area. However, at some future date, the present property owners might sell the land, and a request for similar variances might be made using this one, if granted, as the basis for a change. A lowering of the requirements would result in cheapening the entire neighborhood. 3. We have just made a sizeable addition to our home, feeling that we were not pricing our home out of all proportion with the other homes in this area. If this variance is granted, so close to our home, it will tend to devalue our property as well. /s/ Steade Howie /s/ Betty 1;1. Howie Professor Rouse of 6121 SrI 79 Street objects strongly to any change, stating this in effect is not a variance by are-zoning request. Even the RUI is 75' frontage and 10,000 sq ft, and this area is RUIA with requirements of 100' frontage and 12,500 sq ft, therefore this is asking for re-zoning. The second pOint alluded to in notification letter, when there are threats to proposed changes in a neighborhood, it is an expense to those who own property, and in this particular neighborhood people have had to appear before the Board several occasions to protect their interests. At this particular time, there are many people who would be interested but are out of town. The Professor asked, how much control do the petitioners have. The Chairman explained the necessary steps thru the regular channel to the City Council's decision. lVIr. C. H. Thompson of 6110 SH 78 Street stated he had the same objections as Professor Rouse. Mrs. Meyer asked to be heard again --she is not just asking for property change, if the objectors would care to laok at the plans they would see it is a nicer home than is in the neighborhood at this time. Would improve the neighborhood. Colonel Gibbs aSked about the square footage of the building, and was told it was 1800 sq ft plus garage and patiO, approximately 2520 sq ft. Professor Rouse said, "since 14rs. Meyer acquired this property, if now at this time" a change is put thru, would cause a reduction in value of my home', "that Mrs. Meyer knew there could not be two houses on these lots. t. -2- BOARD'S ACTION Re: Margaret D. [ljeyer's application Mr. Keys, seconded Colonel Gibbs moved that the Planning and Zoning Board recommend to the City Council that application of Margatet D. Meyer be denied as no hardship was shown and the RUIA requires 100 foot frontage with 12,500 sq ft of land. Polled -l'lotion carried unanimously. **** The tabled application of Robert M. Shermer will be left on the table until more Board members are present and this matter can be discussed. The previously tabled application of Raymond F. Bierbaum and John Trabold was taken off the table by motion of James Ferguson seoDnded by [ljr. Keys. After a short discussion, Mr. Yakely, seconded 'oy Mr. Foster moved to return to table. Mot ion carried unanimously. It is expected more members will be present at the next meeting for discussion on this application. l~r. Foster requested leave of absence from 16 August to 12 December 1962, to attend a company school in New York. Mr. Yakely seconded by Mr. Keys moved that leave of absence be granted to Mr. Foster. Polled -Motion carried unanimously. REMARKS : Mr. Foster asked that the tabled applications be put on the Agenda. Everyone agreed this was a good suggestion and hereafter all tabled applications will be placed on the Agenda. There being no further business, upon motion duly made, seconded and carried, the meeting adjourned at 9:00 P.M. Respectfully submitted /7Zwa.~Cv~ Matilda Callan, Secretary -3- , Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MI~~I PLANNING AND ZONING BOARD AUGUST 28, 1962 AT CITY HF,LL AT 8 P.M. Jack Stanton, Chairman J~hn Brau Albert Corsiglia Sidney Efronson James Ferguson C. R. Gibbs Harold Yakely Thomas Foster (\"lith permi:o;sion) John Hardeman Carl Paden Mr. Yakely, seconded by John Brau moved that the minutes of the regular meeting of July 31, 1962 be approved as individually read. Polled -l''1otion carried unanimously **** The Chairman read the notice of public hearing on the application of H. H. Tashkin and H. A. Krueger, prospec-ti ve owners of Lots 12, 13 and 14 of American Townsites, for a change of zoning to permit the construction of an apartment house. Location -approx. 5981 S\-! 76 Street; Present Zoning RU-l; Proposed RU-4. The Chairman said there was no correspondence in the file on this matter and asked if anyone present was repre~enting Mr. Tashkin and Krueger. Mr. Thomson would represent the prospective mvners, however he had been detained. The hearing on this applica-tion '-las set aside until later. **** The Chairman read the notice of public hearing on the application of R. C. Quarles, owner of the S 67' of E 165' of Tract 1, Larkins Forest, for a Special Use permit to allow a Farm Store (retail dairy) . The Chairman read the following letter from Mr. Thomson, attorney for R. C. Quarles. " Augu;,;t 27, 1962 Planning and Zoning Board City of South Miar,.i 1;;outh Miami. Florida Re: Quarles-Lowing Hearing Gentlemen: Please be advised that the reasons for tbe request for a Special Use Permit for the property concerned follow: The City recently rezoned the subject property to the C-l classification and an application for a building permit for a Farm Store ,.,as then filed. The City denied the application on the ground tl,at the use sought \vas a drive-in operation. The applicants contend: 1. That this would be no more a drive-in operation than are the First National Bank of South Miami, or South Miami Federal Savings and Loan Association, and that denial of the use of this property as a Farm Store is arbitrary and discriminatory. 2. That the ordinance on wbich the Ci ty bases its denial is vague and indefini·te in that it doesn't define a "drive-in operation". Furtder, that said ordinance ,vas enacted at a time before Farm Stores existed and probably related to drive-in restaurants or theaters. My clients feel that Farm Stare usage properly falls ,vi thin the C-l classificat on and a building permit sllould be issued to them. They have filed the present application in an effort to resolve all differences of opinion as amicably as possible. Thank you for your consideration. Very truly yours, (s) George Baker Thomson Mr. Thomson had arrived in the meantime, apologized to the Board for being late and presented his side on this application. This property was changed to C-l to allow Dairy Store. the C-l application change of zoning ,va~ granted. however. the drive-in operation appeared to be objectionable to the City. Mr. Thomson asked the Board to refer to Section 20-22 Commercial C-l Business Districts -"No building or land shall be used and no building shall hereafter erected, constructed, or reconstructed or struc- turally altered which is designed, arranged or intended to be used or occupied for any purpose ,unless othe~~ise provided for, excepting for one or more of the following uses, none of which shall consist of a drive-in operation:" 1fJr. Thomson asked the Board, why is this, different than our Bank and Savings & Loan Association; we also drive up to the Post Office, and the Post Office have drop boxes allover the City. There can be no question at all that C-I is the zoning of the Bank; why are they allowed drive-in operation, which is all around the bank. Mr. Thomson suggested to the Planning and Zoning Board that the ordinance section 20-22 is good at the time it was made, that he can remember when the Bank and the Savings and Loan Association did not have drive-in facilities, but that they get them because their representation is not primarily drive-in. Hr. Thomson said the Board is not being equal in applying to the applicants. He believes this phrase section means to prevent places like the "Big v!heel" and drive-in theaters. The Farm Stores have no food preparation on the premises, it is only package merchandise. The City will have to have unique commercial appeal to compete with Dade land , something that ~rill bring the people to our shopping district. Dadeland does not have Farm Stores. Traff~c objections were made to this application in the past, but wi tL 2~ million cars registered in Florida, there will always be traffic problems. The Chairman called for any objectors present. Carl Lindgren of 7175 SH 64 Street owns property north of 74 Terrace and 64 Avenue, does not object to the Farm Store, as he does not know whether this wou ld be good or bad. The main objection would be other restrictions that might come up for commercial or other types of businesses, that some set pattern should be made all the way down the line. BOARD'S ACTION Re: Robert C. Quarles' application After a short discussion, Mr. Gibbs, seconded by Mr. Efronson made a motion this body recommend to the City Council that application be granted. Polled motion resulted in a tie vote. Mr. Corsiglia, seconded by l"lr. Brau moved to Table this application until the Board gets a clear cut definition on this classification from the City Attorney. Polled -Motion carried unanimously **** Item one on the Agenda, Tashkin and Krueger as previously read by the Chairman. The Chairman read the following letter of objection from George B. Hardie: 3 > South 14iami Planning and Zoning Board City Hall South Miami, Florida August 28, 1962 Re: Lots 12, 13, 14, American Townsites Dear Sirs: I am in receipt of a Notice of Public Hearing, mailed out by your body regarding the application of l~r. Tashkin and Hr. Krueger in reference as to the above property. I wish to voice my objections to the lowering of the zoning in this neighborhood. The property in question, while not abutting on my property, is in the immediate neighborhood {less than 300 feet}. I feel quite strongly on the intrusion of apartment houses into single-family residential neighborhoods, as, serveral years ago, I saw the same thing happen in the neighborhood where I grew up as a boy. After some fifty years of living in a home in Coconut Grove, the gradual invasion by apartment houses into what had been a single- family neighood forced me to sell my home. In South Hiami, the time interval has been much shorter, as I purchased my home last December, after carefully checking the existing zoning and relying on it. l10uld you kindly enter my objections to the proposed re-zoning and make it a part of the record. (s) Very truly yours, George B. Hardie Nr. Thomson representing Tashkin and Krueger told us this would be a 2 story 22 apartment house, it was not second class, would improve the neighborhood, the contract was for $150,000 and would need a dignified area. There was a need for high level apart- ment houses in South Miami. The Chairman ca~led for any persons in favor; there being none, he asked for any objectors to this application. The following objectors we~e heard: 1. G. Sultie 9375 SH 77 Terr·ace; ~1rs. T. Fos ter 6021 SW 76 Street; Bernard Kepshire 6031 SI'! 76 Street; IfJrs. C. Carter 5961 SI'! 76 Street; Mrs. Alice Rosenthal 6020 SF 76 Street. Mr. Sultie inquired about the other apartment house in that area, the ground had not been cleared nor had the building been started; what did the master plan call for in regards to apartment houses. Mr. Brau answered that permit had been taken out for this other apartment house; the Board had nothing todo with the master plan that was done last year. 4 Mr. Thomson said in the interest of good neighbor re- lations, he wanted the,;e people to know, hi.; clients had contract for purchase of that other property, but tLere was a flaw in the "ti tle, therefore the delay of 10 to 12 day,;. Vlrs. Foster voiced her objections to an apartment house in this area. Mrs. Carter and 1'lrs. Rosenthal do not want to have apartment house on thi,; street. They all have nice homes and tLi,; is residential area; they would not like more people on th~ street. Mr. Kepshire referred to sta~~ent made by Mr. Thomson that the property looked like a jungle; why was it allowed to be kept that way, 76 Stree"t i,; residential down to dead enCl.. He objected to having apartment zoning on the north side which would open the doors to apartment zoning on the south side al,;o. Another objection vJould be the number of cars for parking, the number of children for a 22 apartment hou,;e. They already have a considerable conjestion in that area back of the theater. BOARD'S ACTION Re: Tashkin and Krueger's application Mr. Keys, seconded by Mr. Ferguson, made a motion that the Planning and Zoning Board recommend this application be denied, as this \~ould be spot zoning. This property is removed from any other apartment or commercial zoning and s",lOuld be held back as a buffer for "the residential homes there. Polled -Motion carried unanimously **** Mr. Ferguson, seconded by Mr. Brau made motion to remove from table application of R. M. Shermer. Mot"on carried unanimously. BOARD'S ACTION Re: R. M. Shermer's application Mr. Efronson, seconded by Mr. Brau made a motion that the Board recommend to the City Council Item 1 -reduce required 25' rear setback on residence to 10' be denied. Item 2 -to convert storage area in the detached 2-car garage to room and bath be granted. Polled -Yeti, 7 1 abstained l'lotion carried 5 ~". -'":; **** Mr. Stanton, seconded by Mr. Yakley made motion to remove from table the application of R. F. Bierbaum and Jjhn Trabold. Motion carried unanimously. t-lr. Efronson, seconded by Mr. Brau made motion to dismiss this application. Polled -Motion carried unanimously **** Mr. Yakely, seconded by Mr. Ferguson made motion to remove from table application of Lehman1btors. Motion carried unanimously. BOARD'S ACTION Re: Wm. Lehman Motors, Inc. application Mr. Brau, seconded by Mr. Efronson made motion to dismiss this application. Polled -Motion carried unanimously **** There being no further business before the Board, Mr. Efronson, seconded by Mr. Gibbs moved to adjourn. Motion carried unanimously, meeting adjourned at 9:15 P. M. Note: Respectfully submitted, '--)17~(}~ Mat~lda Callan, Secretary On application of Lehman Motors -the tax records show legal transfer of this property as of July 13, 1962 - legal ownership John Miller and wife, Edna. CITY OF SOUTH MIAMI -PLANNING & ZONING BOARD REFRESHER ON TABLED APPLICATIONS August 1962 Raymond F. Bierbaum and John Trabold Lots 4 and 6 Blk 2. McKeever Terrace June 12, 19 2 Change of Zoning for a 7-11 Grocery Location SH Corner S\'I 61 Ave & Bird Rd. Existing Zoning RU2 on Lot 5, RUlon Lot 4 Proposed C-l Mr. Thomson represented Bierbaum and Trabold, gave reason for the change of zoning as Bird Road being an arterial highway and there should be commercial zoning as it must be agreed it will all be commercial sometime; that conditions are worse now than they have been. It is a heterogeneous mixture of business and residence. He realizes the objectors point of view, recognizes the traffic problem, but the character of the neighborhood on Bird Road and the interest use of the land, he submits it should be commercial property that borders Bird Road. Letter received in favor of change of zoning was received from Carl E. Taylor of 4125 Slt) 62 Avenue. Letters of objection were received from Robert Coleman, 4108 S\O! 62 Avenue; Albert J. Carr, 4301 SI1 62 Avenue; Bernard L. Young, 4604 S\-[ 61 Avenue; Ray tHlson, 4100 SI'! 62 Avenue; \l'Ir. & Mrs. J. VJisocky ,4101 sw 62 Avenue; Circularized letter by A. E. Breitenstein. !VIr. George \'lolfe of 4024 S~J 61 Avenue appeared before the board said he came here from the North, has fixed up the place and wants to stay there; if 7-11 store goes in there, there would be garbage cans, old bottles put out; the street is very narrow \IThich is dangerous. Let 7-11 go some other place as any store has to put out garbage. The hours from 7 till 11 P.M. and later is another objection. !Vir. Yakely remarked that something should be done about this particular spot. Mrs. \<Iolfe replied that they would not object to Law Offices or Doctor's Building. Some bUSiness that would have regular hours like offices. Mrs. A. E. Breitenstein of 4032 Sl'J 62 Avenue appeared before the Board, stated property would be affected; would ruin their homes and her home was bought to live in and enjoy. The 7-11 would not be an asset only an eye sore with the deliveries, rats, garbage; would only depreciate the property -so why should the zoning be changed as the 7-11 would be the worst thing except a night club whose activity would go on hours longer. IVIrs. R. Melton of 4032 SI-! 62 Avenue owner of Lots 6 and 7 object to store but would not object to Professional offices or something else so that area would be kept up. ************************************************************************* CITY OF SOUTH MIAMI -PLANNING & ZONING BOARD August 1962 REFRESHER ON TABLED APPLICATION Robert M. Shermer Re-subdivision of Lots 7, 8 Blk 1 and Lot 7 Blk 3. La Hamaca 55/26 June 26, 1962 Variance - Location 6301 Miller Rd. reduce required 25' rear setback on residence to 10' Convert storage area in the detached 2-car garage to room and bath. Letter received in favor of variances from Peggy S. Fisher, 6291 Miller Rd. No objectors present 'and no letters of objection received. Mr. Shermer advised the Board he had built in 1954 when required setback was 5' that he had planned on adding garage to North side of rear of home. However in 1957 the City had adopted a requirement of 25' rear setback. In that year he redrew plans to add Florida room. The area adjoini~ his property in the rear is acerage which requires a 50' setback and with this proposed variance of 10' there would be 35' between property. His Mother lives with him 6 months of each year and ~ months with his sister. He would like to use this room for her when she is here. The roof area is separated by 9'. Mr. Yakely asked if this addition is rear of garage -Answer, Yes. Mr. Foster remarked that living quarters would affect closest house and cannot be rented. It was suggested that a letter be required from Mr. Shermer stating that he would not rent. Mr. Brau asked if their were any cooking facilities or efficiency type. The answer was -no. Mr. Joseph Ronco, the owner of acerage adjoining Mr. Shermer's property appeared before the Board stating he did not want to object to the proposed 35' between property, but asked the Board to postpone this decision as his property is up for sale and he may want to rezone his property. Mr. Ronco acre runs thru to 63 Court. .. ' CITY OF SOUTH MIAMI -PLANNING & ZONING BOARD REFRESHER ON TABLED APPLICATION William Lehman Motors, Inc., Owner of Tract 2-A of E. R. Clark" Property 43/20 May 29, 1962 Augu.;t 1962 Variance to permit the construction of a Garage with Body Shop Stalls The Chairman read letters of protest from Rev. Arthur J. Rantz and Mr. X. F. Bober. Letter in favor from Lehman Motors to install shop. lYJI. Harold Freeman said Leroy Smi·th paid $115,000 which is 29";b do\m. The building is far enough away from houses; they would dedicate a stip to the City; the ecomonic factor snould be considered. The proper·cy was bought to build adjacant to it. The property had been rezoned before and rezoned back. Mr. Foster -this should be area "A" and area "B", labeled same, triangle section "A" and rectangle section "B"; -Is C-l main conc~rn, is "B" area 80,000 x 100,000 for this request; -how far away from nearest house. Ans. 120,000 feet. The Chairman called for anyone present in favor of this variance; there being none, he then called for anyone present objecting to this variance. Mr. Stanley Ersoff represented Mr. Miller, who has a deposit receipt for this property. Mrs. Ruell has suit pending, this is evidence that Mr. Miller is true and lawful owner, and that Mr. Lehman has not purchased this property: that it would be unfair to Mr. Miller, manifestly unjust to let ~rr. Lehman have variance. Mr. Ersoff asked the Board to withhold their decisions. Mr. Efronson -we should not become involved in thLs dispute. Mr. Jack Bronson represents neighbors -This area was very nice place for parents and their children to play, it is residential area. It is now being used a a car lot at one end of street and several cars are tested on street before they are sold. The people do not want the cars on the street: no access or ingress as variance reads to open. Objectors are: Mr. Bronson: Mrs. Baker: Mrs. Gross Taylor: Mrs. Myers: Mr. Whitelock: Mrs. Gross Taylor said this is a narrow street (78) and it is being used for storing cars by Mr. Lehman. Mrs. Robertson is trustee for Mrs. Gross Taylor's children and later will have to realize money for the children, therefore she asked for delay of this' variance and to deny variance. Mr. Freeman said his client has strip of foliage in back and would put up a fence, that his client does own this property. '- Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD SEPTEMBER 11, 1962 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman Albert Cors iglia Sidney Efronson C. R. Gibbs John V. Hardeman I'lyron Keys Carl Paden Harold Yakely John Brau James E. Ferguson Thomas Foster (with permission) ~lr. Efronson, seconded by lJIr. Yakely moved that the minutes of the regular meeting of August 28, 1962 be adopted as prepared. Polled -Notion carried unanimously ***.* The Chairman read the notice of public hearing on the application of Creola i"iae Da\1S0n, owner of Lot 63, University Park Subdivision, for a Special Use permit to operate a beauty shop in a building on the rear of property. Location -6530 Sl-! 57 Place, Zoning RU-l. The Chairman asked if Creola r4ae Dawson was present or anyone present to represent lJIrs. Dawson. IVlrs. Da\~son did not appear at the hearing and had no representation. The Chairman called for any objectors present. Mr. A. L. 14atthews of 6520 S\>! 57 Court stated he had purchased his home in 1948, at that time it was a nice residential section, since then the negro have worked their way in body, and until the time we are forced out it should remain RU-l. This request should not be allowed. I'lr. Chicon of 6510 Sl'! 58 Avenue said he recently purchased his property in January. He knew it was going negro and did not have objection to being a mixed community as most of the people were like the people present at this meeting, but with this type of rezoning it would slowly and surely create a traffic hazard. This building was not built for this rezoning, it is only 4 x 5 with no bathroom facilities. There is no way this person can perform her obligations to her customers. This is residential not a business zone and he wishes it to stay residential. [!Jr. Chicon says it would de detrimental to his family if we are allowing businesses to start in this area. The Chairman had a poll taken of the other objectors present - 14 people in all -it would be impossible to hear all of them, and if anyone had anything to add that had not been mentioned, he would hear them, otherwise the hearing was closed. BOARD'S ACTION Re: Creola liJae Dawson's application iiir. Paden, seconded by !'Ir. Keys moved that the Planning and Zoning Board recommend to the City Council that the application of Creola Mae Dawson for Special Use permit in residential area be denied. ***'* Polled -Yes, 6 Abstained, 2 Motion carried The Chairman aSked the City Attorney for clarification of classification on the Farm Store, on tabled application of Quarles and Lowing, so that this application could then be removed from the table for action. The City Attorney stated the Farm Store is a "Drive In Operation". /iJr. Thomson, attorney for r,1r. Quarles then asked, "for point of classification this has been a Drive In Operation, that determin- ation was made by the City." l~r. Keys, seconded by ~lr. Efronson made a motion to remove from table the application of the Farm Store. 110tion carried. BOARD'S ACTION Re: Quarles and Lowing's application Mr. Keys, seconded by Mr. Efronson made a motion that the Planning and Zoning Board recommend to the Cit~ Council that Special Use permit to allow a Farm Store (retail dai~J) be denied. **** Polled -Yes, 7 No, 1 Motion carried Mr. Thomson asked the Board's indulgence in referring to the application of R. F. Bierbaum and John Trabold which had been dismissed by the Board August 28, 1962. He wished to clarify a remark he made to the Board two weeks ago when he referred to the 7-11 store. He would like the Board to make recommendation to City Council a staying on application for public hearing. **** The Chairman asked for discussion on the application of R. F. Bierbaum and John Trabold, regarding change of zoning which had been tabled by the Board June 12, 1962 because of pending litigation; removed from the table August 28, 1962 and dismissed. BOARD'S ACTION Re: Dismissed application of Bierbaum & Trabold rjr. Yakely, seconded by Mr. Paden made a motion to reconsider the action taken with respect to this property and restore for action. Polled -iclotion carried unanimously l\lr. Yakely, seconded by liJr. Efronson made a motion to table this application unEil the next regular meeting when the Board vlOuld have the complete file on this application. Polled -Notion carried unanimously **** The Chairman read t\~O letters from the l/letro Building and Zoning Department wi th reference to Notice of Public Hearings - 1. Property at 8151 S~'.1 57 Avenue, within 50 feet of South liliami boundaries 2. Property, South side Sl'! 72 Street between S~! 54 Avenue and S1,,) 54 Court, within 860 feet of South IfJiami boundaries The Chairman asked the City Manager to reply to the letters that the South IUami Planning and Zoning Board \~ish to go on record objecting to the proposed zoning changes. **** Mr. Efronson, seconded by j\lr. Yakely moved to adjourn, motion carried, meeting adjourned at 9 P. Iii. Respectfully submitted, /~> / I,U > {~4( / __ ' '---:..' (( ,./.>..:"", ~t'_j Matilda Callan Secretary Present: Absent: **** MINUTES OF THE REGULAR l'lEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD SEPTENBER 25, 1962 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Sidney Efronson James Ferguson C. R. Gibbs John Hardeman Myron Keys Carl Paden Harold Yakely Albert Corsiglia Thomas Foster (with permission) l-lr. Efronson, seconded by Mr. Yakely moved that the minutes of the regular meeting of September 11, 1962 be accepted as individ- ually read. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the application of Sun Investment, Inc., prospective owners of a part of Section 36-54-40, Westerly 400' measured along the Southerly boundary line of the following described property: Begin at the SE corner of the SE~ of Sec. 36-54-40 and run westerly along the S line of said SE~ 1046' to the POB of this tract, thence N parallel to the E line of said SE% 100.83' to the R/W line of the Snapper Creek Canal thence NW along the said R/ftl line 770.96' ·thence S parallel to E line of said SEl;, 220.8' to the S line of SE\ 423.3' thence Southeasterly parallel to the R/W line of canal 342.68' thence N parallel to E line of the SE~ 50.75' to the POB •• for a change of zoning to permit the construction of an apartment house. Location -approx. 5950 North Kendall Drive; Present Zoning RU-lA; Proposed -RU-4. The Chairman stated no correspondence had been received in favor of the change of zoning, but that letters of objection to the change of zoning had been received from the follo\·,ing: Metro Planning Department recommending denial of the change of zoning; Metro Building and Zoning Department registering vigorous objection to the rezoning to permit apartment house; Florence Fuller; Ann Petzoldt; Mrs. Smith; Emma Carnevale; Mr. & Mrs. Victor J. Miller; Harold and Mary J)ilessersmi th; Mr. & IvIrs. Harold Koons; Mr. and Mrs. James Doyle; Frank Overholt, Jr.; Howard Pearson; Margaret Adams; Mrs. Roy Lee Jones: Catherine and Lance Purves; Grover and Joanne Baker: Colin and Gloria MacArthur; Lisbeth Richards; Mr. and Mrs. Edwin Stone; Petition of 106 objectors in addition to another petition of 130 objectors Resolution from the Pinecrest Civic Association stating their Board of Directors and all its members are opposed to change of zoning. The Chairman recognized Lloyd Collier of 218 Shore Drive, South Bay Heights who represented Sun Investment Inc., Mr. Collier said ·this ,·muld be the most ideal spot in South Miami for an apartment house, at the 'vaters edge of South i'liami. That this would be a 48 family apartment house of one and t,vo bedroom units with 6 up and 6 down in each unit. This ,,,ould be a luxurious type of apartment, would bring $200,000 increase on tax roll and the purchasing pmver of 48 families: t;lis type of apartment would command hig"er rent, and people in the highe;e income bracket which would bring more money into South Miami: that Snapper Creek is a na·tural bumper for zoning so that spot zoning would not spread. ·that 'vater would be brought into the area and property owners nearby would benefit. Mr. Collier said, there is a church and school here, therefore they do not feel that they are breaking tbe barrier. That the 48 apartments would be on 2~ acres of ground and they did not feel they would be tramping on any toes, apartments are needed in the area and would not be hurting anyone in the area. David Popper of 5900 SW 85 Street representing the people north of Snapper Creek said that the area is first of all city of homes, residential homes, and they want to protect what they have. Multiple apartments ruin family residences, that this is not the time to put in multiple apartments with all the houses no,v available. The Dade Countians present ",ere also helping US in South Miami. Yes, there is a church and school in the area but people do not live there, and they have regular hours for service. This spot zoning would be an opportunity to others and should not be allowed. The people in the area are people who can afford ·their homes and that is ,,,hy they bought into this residential area; they also support South Miami. This proposed change of zoning is not desired, it "Jill not benefit the residents, it is repugnant to all the people present. Mr. Joe McCarthy of 8920 S,,/ 61 Court represented the people on the south side o·f Snapper Creek. He said they were very much impressed with the display of the picture of the proposed apartment house, hmvever, it was thru toil and labor that tde people were able to put together an area that is residential where they had decided to live, a place for their children to· play, raise their families and a place they could be proud of; that they had moved away from apartments and apartment house areas. These people spend a good deal of money in SOUtil Miami and they object very strongly to a change of zoning. ¥rr. McCarthy presented to the Chairman, a petition wi th 150 signatures objecting to ·the change of zoning. 2 Mrs. B. F. Fairchild stated they had formed a Civic Organiza- tion which borders North Kendall Drive to 120 Street from Red Road -to Ludlam. She \~ished to turn in a resolution from the association, all mer"bers objecting to this change of zoning. BOA~' S ACTION Re: Sun Investment Inc.'s application Hr. Ferguson, seconded by Nr. Hardeman made a motion ¥!:lat the Planning and Zoning Board recommend to the City Council tilat the application of Sun Inves-tmen-t Inc. be denied for the reason this is spot zoning, that there is no need for apartments in this area, and no hardship shown. **** Polled -Yes, 8 No, 1 Motion carried lfrr. Ferguson, seconded by Mr. Paden made a motion to remove from table the application of Bierbaum and Trabold for a change of zoning of Lot 4 from RU-l to C-l: Lot 5 from RU-2 to C-l, McKeever Terrace: Loca-tion -SI\! corner of S17 61 Avenue and Bird Road. BOARD's Action Re: Application being removed from table Polled -Yes, 8 No, 1 Motion carried Mr. Ferguson, seconded by Mr. Yakely made a motion that the Planning and Zoning Board recommend to the City Council to deny this application for C-l rezoning, as this is spot zoning, no hardship shown,and no reason for commercial zoning at this time. Polled -Motion carried unanimously **** Mr. Yakely, seconded by Mr. Ferguson moved to adjourn, motion carried. Meeting adjourned at 8:55 P. M. Respectfully submitted, Il(~(!~ Matilda Callan PRESENT: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MlAiH PLANNlNG AND ZONING BOARD OCTOBER 9, 1962 AT CITY HALL AT 8 P .~1 • Jack Stanton, Chairman John Brau Albert Corsiglia Sidney Efronson C. R. Gibbs John Hardeman i'lyron Keys Carl Paden Harold Yakely James Ferguson Thomas Foster (with permission) Mr. Brau, seconded by Mr. Keys moved that the minutes of the regular meeting of September 25, 1962 be approved as prepared. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the application of Jesse Brown, owner of Lot 62 University Park Subdivision, for a variance on lot frontage and lot size to con- struct a single family residence. Location 6520 S~! 57 Place; Requirements 75 ft. -Proposed 60 ft.; Required Lot size 10,000 sq. ft. -Proposed 6,000 sq. ft. The Chairman informed the Board no letters of objection had been received regarding this application. No objectors were present. Jesse Brown explained to the Board that he had purchased this lot several months ago; he had asked the BUilding Department if they thought he could build on this lot, and the lady said she thought he could. He said he wanted to build a single family home for his wife and children; he had submitted 2 plans to the Building Department and that the property had been SUI:'~yed •• BOARD'S ACTION Re: Jesse Brown's application i'lr. Keys, seconded by Mr. Corsiglia made a motion that the Planning and Zoning Board recommend to the City Council that the application of Jesse Brown for variance be granted. lVIr. Keys said. "a nice little house would be better than having a lot the re." Polled -l'iotion carried unanimously **** The Chairman brought forth for consideration, the handling of the request of the City Council, a public hearing on rezoning of areas from the west end of present commercial zoning on the south 1 side of Bird Road continuing in a westerly direction until reaching the boundary of South ~1iami on the west. The Chairman called for a special committee. Mr. Keys chairman of this committee, who in turn will members for this committee. He appointed select the All members of the Board showed genuine interest in this matter, and it was decided that this committee would make a study of this area, a personal survey, sketches to be made; property owners interviewed to learn if their properties were purchased for speculation; obtain all pertinent facts; have Plr. CorSiglia check with the Metro Planning and Zoning Department regarding their future plans and ideas on their boundaries adjoining this area and report his findings to the Board. **** Remarks: Mr. Keys asked if the Board could recommend to the City Council to pass an ordinance allowing a lesser uses under the C-I Zoning classification. The Chairman stated the Board should ask the City Attorney for his opinion before referring the recommendation to the Council. **** The Board unanimously expressed their appreciation to the City Manager in recognition of personalized note paper. **** A unanimous request was made by the Board to the City Manager that the secretary be retained for the Planning and Zoning Board. **** There being no further business before the Board, upon motion to adjourn by Nr. Brau, seconded by Nr. Efronson, and carried, the meeting adjourned at 8:40 P.M. Respectfully submitted, J1I -h-/ / c-<A.A;'. ~LI'- Nat Ida Callan Secretary /I .;/J l. ~&I-V.--, PRESENT: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD OCTOBER 30, 1962 AT CITY HALL AT B P.M. John Brau, Vice Chairman Albert Corsiglia C. R. Gibbs John Hardeman, Jr. Myrc;m Keys Carl Paden Harold Yakely James Ferguson Sidney Efronson Thomas Foster (with permission) Jack Stanton, Chairman Mr. Yakely, seconded by Mr. Corsiglia, moved that the minutes of the regular meeting of October 9, 1962, be approved as prepared. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the application of Mario Urruela, owner of Lot 19, Grandview Park, for a variance to allow an outside door in bedroom. Location, 5305 SW 67 Avenue. Mr. Urruela stated he wanted to put in this outside door leading into a patio and that eventually he would also put in a pool; that thi~ is his family residence. He has lived here 13 years and had already improved thi~ property in the amount of $14,000 as he wants a nice place to live. The Chairman called for any person in favor or any per~on present objecting to this request. Mr. Earnest Pippinger of 6519 SW 53 Terrace appeared in objection to the request, stating once the City starts changing for variances, it might start changing the code. ¥~. Pippinger is in construction work, and has found on different deals the City of South Miami have been very lenient. He does not see why there should be a change in the code, he is against any variance change. Mr. Ray Daley of 6551 sw 53 Terrace made an objection, but he returned and wiShed to have his objection stricken from the record, that he no longer objects. BOARD'S ACTION Re: Mario Urruela's application Mr. GibbS, seconded by Mr. Ferguson, moved .that the request of Mario Urruela be granted as stated, without reference to City Council as this is obviously under Section 20.5 and the prerogative of the Planning and Zoning Board. NOTE: The City Attorney had advised the Board of this authDrity under Section 20.5. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the application of Therold S. Lindquist, Jr., owner of Lot 18, Avocado Homes, for a variance to allow two outside doors to bedroom under construction. Location -5958 SI", 60 Street. Mr. Lindquist explained he would like to add these doors as this is used for a studio. They now have to carryall materials and supplies thru the living room area. It is not an addition to the house as an entrance; it is not for rental purposes. Mr. Paden asked if this was a private studio and Mr. Lindquist replied that it 'vas strictly private. The Chairman informed the Board of two le:tters received in favor of granting this request. One from Albert Hurwitz, supervisor of art, with Dade County schools and one from Chairman of art department at the University of Miami. The Chairman called for any parties present in favor or in objection. Mr. Robert Benner of 5943 SO 60 Street, chief of research \-lith the Planning and Zoning Board in the County said he recently purchased his house in the neighborhood, and that he was anxious to express his approval of this request, and t<1e need for it. BOARD'S ACTION Re: Therold Lindquist's application Mr. Ferguson, seconded by Mr. Gibbs, moved that the request of Therold Lindquist be granted as stated, without reference to the City Council. Polled -l'1otion carried unanimously **** The Chairman read the notice of public hearing on the application of Thomas F. Jardine, owner of Lots 1,2,3,24,25,and 26 of Block 1, Westerfield Manor, Section 3, for a change of zoning for the purpose of constructing a funeral home. Present zoning lots 1, 2 & 3 is C-l; lots 24, 25, & 26 is RU-l; Proposed -C-2 or Special Use Permit. Location -SE corner of S('! 59 Avenue and SI'1 40 Street; NE corner of SW 59 Avenue and S\'J 41 Street. Mr. Thomson represented lfrr. Jardine; he stated thi~ request is identically the same application passed by the City Council December 1961, and "lhich -the City Council approved to allow a Special Use Permit for this property, but that the 6 months period expired. He appeared before the Council and requested an additional 6 months, how- ever the City Council did not grant the extension for a number of reasons; such as ingress and exits. l'1r. Thomson said they are willing to go along with anything the City Council reasonably requires; that they are seeking a C-2 or a Special Use Permit for the entire 6 lots. Referring to a letter from Mr. Jones of the Metro Planning and Zoning Board, lfrr. Thomson said he was glad to know that Metro sees fit to allow commercial activity use on South Miami side of the road. Mr. Keys asked if they had any plans made, and '''hy was the delay on the original application granted by the Council. Mr. Thomson re- plied the reasons '"ere personal and he did not want to go into any discussion at this time. He said that we are now dealing \Vith zoning or are "le dealing with special use permit; that any additional re- quirements by the Planning and Zoning Board they \Vill try to comply. He believes that some of the trouble stems from not clearly understanding and for the Board to tell him just what they wan'l:, and in reply to Mr. Keys ques'tion, they do not have plans made at this time. Mr. Thomson knows the Ci-ty is concerned about the traffic, but he "lants to know what the City requires. Mr. Yakely recalled p~rts of lfrr. Jones letter regarding the masonary \-lalls on 41 Street; landscaping etc., and that as Mr. Yakely remembered the last application, the exits ,,,ould be in ,the rear. Mr. Thomson said there was one on 59 Avenue and one in the rear, tha-t he is not certain, but there "]Quld be no joining traffic on Bird Road. The Chairman informed the Board he had received letter of objection from William E. Berkley. A letter from Roscoe H. Jones stating that if the South Miami Planning and Zoning Board recommends approval of this application, that consideration be given to requiring a 5' wall of masonry to be used for parking lots; a 5' setback between the property line and the wall to be planted "li-th grass and shrubs and/or flowers and attractively maintained. All vehic1i!-lar entrance and exit points be on SW 40 Street or ';;W 59 Avenue "litlilin 80' of the south right of way line of 40 Street. The Chairman called for anyone in favor or anyone present to voice objection to the request. 3 Mr. VI. D. Stiles of 5818 SvJ 41 Street said he had objected to this ~n the past and he feels that i'c "ould be devaluating his property, it ,'lould be very depressing in the neighborhood to have a funeral home so close by, it would create a traffic hazard. Mrs. Dobkin of 5858 SI": 40 Street objects, said there is a funeral parlor one block away approved by Dade County. She had pruchased her property as C-l, invested her money but ,',ould not have bought there if she thought there would be ambulances and sirens, she strenously objected to a funeral home in the neighborhood; her property is only 90' away from the Jardine property. In answer to l'rr. Gibbs question, she replied 'chat she does live there now and that she purchased tlli", property in 1954. l'rr. Regina Fleischer of 5850 Bird Road said she objected for the same reasons as her sister Mrs. Dobkin. She ,'!Qu1d not object to any other business. In answer to l'lr. Gibbs question, she said she had lived blere from 1953 until 2 years ago and that she is now living witl: her sister D J.IIlrs. ~·1. D. Stiles of 5815 SW 41 Street objects to the funeral home; she is ill and has her 86yr old Mother livins with her, she wishes the Board to consider her objections. Mr. Thomson told the Board that a l'JI. Campbell is the neighbor on Bird Road and a Mr. Parrish on 41 Street. BOARD'S ACTION Re: Thomas F. Jardine's application Mr. Corsiglia, seconded by Mr. Yake1y, made a motion to table this application due to the fact we do not have a set of plans which is a requirement for a Special Use Permit. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on ·the application of Paul R. Courtemanche, Otvner of L.:>t 22 Pincerest Villas, for a variance on rear setback to permi,t the con.3truction of a Flo:i:ida room and bath. Required setback 25', present setback 25.56', proposed 5.96', variance 19.04'. Location 77<10 SI'! 59 Court. Mr. Courtemanche said he built this house in Janua ry 1954 and at this time they only built in the one bathroom. They now have three growing boys and really have a need for this Florida room and another bathroom. This was the first house built on 'chis street. Mrs. Courtemanche said this room ,,!Qu1d be air conditioned so that there would not be any noise; their house is the most valuable wit ,in two blocks. Mr. Courtmanche stated if they were allowed to build this room, it ,,,ould be a high pitched roof so that it ",ill look like it has 4 always been part of the house. The Chairman had received letters of objection from: Mr. & Mrs. Fred Ribble; Betty Ross Cox of 7731 SW 61 Ave. John L. Rouse, 6121 SvT 79 Street; George Se\vell. 5990 Svi 78 St. Firs. John Earnest, Jr. of 5980 S\J 78 Street The Chairman asked if anyone present was for this request, or objecting to this request. No one appeared in response. BOARD'S ACTION Re: Paul R. Courtemanche's application Mr. Keys, seconded by Mr. Corsiglia, made a motion that the Planning and Zoning Board recommend to the City Council that this application be denied as the variance requested is too great and would not be good planning in an RU-l neighborhood. Polled -Motion carried unanimously **** Mr. Gammage informed the Board regarding the condemned property of Melvin Bieber. Notice had been served on Mr. Bieber, but Mr. Bieber asked for a delay un-til April 12. lvjr. Gammage feels this building should be torn down. The Board of Health inspector has been thru the building and told Mr. Bieber that the water is polluted. Mr. Gammage also told Mr. Bieber that the electricity is to be cut off~ this *(10-31) electricity is used for the well water; Mr. Gammage says he will have to get City water. **** REMARKS: Thomas Foster was home about three weeks ago for a week-end and asked Mr. Keys to tell the Board members and Councilman Kline that he was aski~g for them. **** ¥rr. Yakely asked if the notices for public hearing on rezoning of Bird Road had been sent. Mr. Brau asked the City Manager if he would check regarding these notices. Mr. Keys said they were ready to make their report and had expected to have the hearing November 13, 1962. Mr. Corsiglia had spoke to Mr. Cook and will have his report. **** The Board members discussed setting up a policy regarding Sec. 20.5 on the doors, so that the people do not have to go thru public hearings, (per ¥rr. Hardie). 5, Jvlr. Ferguson, seconded by JvJr. Keys made a motion that on one family residence ,,,here a request for a door leading into a pool or patio, the decision to be made by the Building Inspector, and Should their be any question about the request, it could then be brought before the Planning and Zoning Board, the request would then be decided by the Board or the Bo rd could request a public hearing be held. **** Polled -Yes, 6 No, 2 Jvjotion carried. There being no further business before the Board, upon motion made by Jvlr. Keys, seconded by Jvlr. Yakely, motion carried. Jvleeting adjourned at 9:40 P.M. Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MrAMI PLANNING AND ZONING BOARD NOVEMBER 13, 1962 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman Albert Corsiglia C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl Paden Harold Yakely John Brau Sidney Efronson James Ferguson Thomas Foster (with permL,sion) Mr. Yakely, seconded by ~rr. Keys, moved that the minutes of the regular meeting of October 30, 1962 be approved as individually read. Polled -Motion carried unanimously. **** The Chairman read the notice of public hearing on the application of Stanley Kruszka, owner of the I'Test 132' of East 437' of Tract 2, Palm Miami Heights, for a change of zoning from C-2 and RU-l to RU-4, to allow an apartment house. Location -approximately 6231 SW 78 Street. The Chairman read note of objection from Lillie Rose and H.V.M. McGuirt of 6211 SW 79 Street. Letter of objection from the Reverend Arthur J. Rantz as fOllows: Dear Mayor Tevis: If it were not for having to give the invocation at Vineland Elementary Schocl, and attend a meeting of the Episcopal Church-women in St. Thomas' Parish tonight, I would most certainly attend the meeting concerning the rezoning proposed on Southwest 78 Street in South Miami. This matter \vas brought to our attention once before and I wrote to you telling you that my mother purchased property at 6220 S,1 78 Street and assured at the time that the "treet would be kept residen- tial. Having confidence in what was told her she placed what small saving she had in her property, and of course with thi" proposed plan for rezoning not only she, but a number of her neighbors are deeply distressed. I tru.;-t you and members of the City Council will keep in mind the trust that all of Ud \"ho are leaders in the community must uphold, and that is interest in and concern for the people W:10 come under our care and protection. Please do all in your pO<;ler to uphold the trust and faith we all place in you and elected members of the City Council. \'lith continued good wL;hes to you and members of the Council in all the good work that you do, I am Most sincerely, /s/ Arthur J. Rantz The Rev. Arthur J. Rantz B.D. St. Thomas' Episcopal Church The Chairman read the following letter from Joseph E. Gula, Jr. Mr. Chairman and Members of -the Zoning Board: I shall be unable to attend the Public Hearing on November 13, concerning the rezoning application of Mr. Stanley Kruszka's property located at 6231 Sh' 78 Street, South Miami. Ny scheduled work at the time of the hearing will not permit me to be present and I trust that thici letter will be con"idered in my behalf. It is my undeBstanding that Mr. Krus4ka, the present owner, is having the said property rezoned for the purpose of enabling him to sell the property. No doubt, there zoning action would increase the land value should the proposed zoning change to RU-4 take place. The RU-4 classification is to be for an apartment type struc- ture. Will the physical dimnesions of the property govern the type of structure to be erected? If the prop~sed rezoning to RU-4 incorporate multiple story type structure, then my vote in this matter is definite NO. The multiple type story apartments such as were constructed be- tween 79 and 80 Street and West of 63 Street rather Ave. may have en- hanced the locale's beautification, however, from the standpoint of near- by residents of 78, 79 and 80 S-treets, concerning the \"elfare of the residents, namely tl,e substantial increase of vehicular traffic and the abuse of some of the operators of these vehicles created a nuisance pro- blem in form of racing tLese vehicles at high speeds, "gunning" them be- yond the average sound level of normal operation as well as leaving the shrilling effect of squeeling and burning tires of "jack-rabbit" starts. This area of the community i3 gradually loosing its serene aspect of the residential habitat. In as much as this is a residential area and ,"e wish to remain it to be so, i-i: is my contention that the above metioned noise problem will be prevalent in thi~ area unless the restriction of the building expansion is imposed upon in a form of one story type apartments if such con~ideration is to warrant any zoning change to RU-"1. Therefore, in my behalf, not to be in the way of progress I would be in accord to permit one story type structure~ to be erected on the premises, thusly, my vote would be YES. With provi~ions, that a suitable \vall not more than 4 feet in height should be erected facing the 78 Street. Also, appropriate speed limit signs should be posted on 78 Street as the area population consists of a good number of children. The 78 Street should be widened in -the area adjacent and ~!est to lVlr. Kruszka's property as the existing \·,id-i:h of the Street permits a passage for one car only in either direction. With an increase in vehicular traffic, this will have to be eventually accomplished. I trust that the above mentioned considerations shall be entered in my behalf at this hearing. I thank you. /s/ Joseph E. Gula, Jr. Mr. George Thomson, representing IVJr. Kruszka, said he had counted 22 people on the list (for hearing notification) and only 2 objectors. As some of this property is C-2 other RU-l, the amount of property C-2 is not enough to be concerned about, l2~' bet>veen there and Dixie High- >vay. There is 289-:-x 132' on thi..; property which is quite a piece of property. This property does not lend to single family residents. What the applicant proposes to do, pending on the outcome of this meeting, is to build 35 unit modern designed apartment house; $300,000 might be put into this property. Looking directly to the rear is the shopping center, 62 Avenue; with the Elks Club, Royal Castle and the Nursery, blis neighborhood at the present time is more commercial than residential. Any dedication on 78 Street >vill be made if the result of this hearing is favorable to the applicant. The Chairman asked for anyone present in favor of this request, or anyone opposed. Mr. Lee Taylor, 6240 SW 78 Street, immediately south of this property is interested in having this request granted, as the apartment house would be a good buffer strip; that any piece of property might go in there and this way he would know it would be an apartment house. Mr. Taylor had been before the Planning and Zoning Board on May 29 for a change of zoning on his property, but had been advised his request "JaS rejected. He stated he had this property sold 3 times if he could get a committment from the Federal Housing, bU-i: due to the zoning and the vacant land in that vicinity, it was rejected by the Federal Housing. He is in favor of this apartment house. -3- Mrs. Lillie Rose l'1cGuirt, 6211 sr',) 79 Street said she came into this area 5 year;; ago with the understanding that '"e were in a one family lot. From time to time they have been required to continue to Protest to these variances. They have had to call the pOlice for protection of cars racing up and dOvlD that ;;treet. She can't under- stand why those 1} lots which were sold for one family residents should be rezoned, nor why we have to fight abou'c this property. The people on 78 Street face a nice clean wall; they have not complained about the parking area in back of Food Fair becau~e it is rarely used. Look- ing to the west, we see the nursery and we do not object to the greenery; everything going south is nice vlell kept little homes; ;;he doeci not ciee why they have to fight to keep trio as it is and hopes the Board will give them consideration. Mr. Richard Spinning, 6221 SW 79 Street says the only objection is the traffic; the two apartments that have gone up are beauties and no one can give a guarantee on commercial property. The traffic is my objection, if there were speed limits on 78 Street as it seems like 78 Street has become a thrill way; thi;; is primarily my objection to any more of these apartments g<i1ing thru; if this could be stopped, I would not mind an apartment going up. The buildings tLat are there nm., are well taken care of and well graded. He thinks that the City in a way should be obligated when residential streets have to be cu't thru, as it does increase the traffic. He has called the poli,-,e about the traffic at various times. From DiEie Highway to Elks Club is very narrow and most of this traffic, if thi;; apartment goes tbru, will be going thru there. Mr. Bober of 6251 SH 79 Street said he has ti1e same complaint about the traffic and the noise. BOARD'S ACTION Re: Stanley Kruszka's applica'tion l'Ir. Keys, seconded by Mr. Gibbs, made a motion that the Planning and Zoning Board recommend to the City Council that the variance be granted with the condition that the front or first 25' facing S('J 78 Street be landscaped and present trees left, and parking prohibited in thi;; 25' area. Polled -Motion carried unanimously **** The Chairman received additional information from Paul R. Courtemanche regarding the variance he had requested October 30, 1962. He advised the Board he had cut the propo;;ed Florida room down to 18' wLich leave;; 7'7.'. He submitted a li~t of 16 names of people who do not object to the pro- posed Florida room and bath. He also placed two photographs of the hou.;e on file with the Board. Mr. Jordan Pfuntner, 5991 Sl'e 79 Street stated he had 'calked to 6 previous objectors and that they had no real objection, only two objected 1} to noise. Mr. Pfuntner believes he has more noise than anyone around there and hopes the Board will allow this variance. BOARD'S ACT! ON Re: Paul R. Courtemanche Mr. Yakely, seconded by Mr. Hardema~made a motion that the Planning and Zoning Board recommend to the City Council that the applicatioi. of Paul R. Courtemanche for a variance of 18' to permit the construction of a Florida room and bath be granted. **** **** Polled -Yes, 4 No, 3 Application placed on table Tabled application of Thomas F. Jardine -remains on table. Mr. Cotton spoke before the Board, regarding his property on Red Road. He gave his reasons for filing h~petition to have his property taken into the City of South Miami. Mr. Cotton also gave the P~3rd the changes that would be necessary in order to use this property for terraced garden apartment with court yard in the center. All Board members with the exception of Mr. Keys, who abstained, a~proved of taking this 3 acres of land into the City. **** ~he~Chairman and Board members requested the secretary to answer letter from Metro Planning and Zoning Board on public hearing of county property within 100' of South Miami boundaries. The Planaing and Zoning Board of South Miami have no objection to change of zoning on Metro public hearing #62-11-34. There being no further business before the Board, meeting adjourned at 9:18 P.M., after motion duly made, seconded and carried. 5 Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIh~I PLANNING AND ZONING BOARD NOVEMBER 27, 1962 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Sidney Efronson James Ferguson C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl Paden Harold Yakely Thomas Foster (with permission) Mr. Paden, seconded by Mr. Brau, moved that the minutes of the regular meeting of November 13, 1962 be approved as individually read. Polled -Motion carried unanimously **** The Chairman read the notice of public hearing on the application of Charles Ivanik, owner of Lots 25, 26, 27 Block 7, Westerfield Manor, Sec. 1 & 2, for a change of zoning to permit a combination hardware and grocery store. RU-l to proposed C-l; location, approx. 4250 Red Road. The Chairman stated he had received a petition of objection with 93 signatures; telefax from John E. Vincent, Secretary of Coral Gables Zoning Board that their Board unanimously objects to the proposed change of zoning; letter of objection from Charles Corbett. The Chairman asked if Mr. Ivanik was present or anyone present representing Mr. Ivanik. Mrs. Florence Boss represented Mr. Ivanik who is ill and in ill health. She stated he owned this property for several years, paid taxes, and now wanted to make a living from it; Red Road is a main artery and no place to build a residence, due to noise, traffic and is only good for business. This business he would operate himself. The Chairman asked if anyone else present wished to speak in favor of this request. There being none, the Chairman asked for any objectors present. Approximately 50 people were present; the Chairman asked for a spokesman appointed by the group. 1 Mr. Corbett of 5741 SW 42 Terrace titated his objections: There are 3 large grocery stores, one hardware store, and several other stores that sell hardware in the Red Bird Shopping area, which is \vithin 500 or 600 feet of the proposed area. There are 3 or 4 stores now vacant in the Red Bird shopping area; there are a number of vacant lots on Bird near Red that have been zoned for butiinesci purposes and could be utilized \vi thout rezoning the additional residential property. It would create a traffic hazard; endanger the liveti of children from the Fairchild school which adjoins the property in quecition. This business area has reached its peak -~ with the ne\\I Dadeland, South Miami business district, the 67 and Bird shopping area, many stores are closed. The rezoning of this particular property would adversely affect the property in the neighborhood and would result in a net loss in taxes to South Miami and Dade County. From 42 south, there are any number of houses on both sides. Mr. Bill Gray of 1521 Garcia, Coral Gables which is 400' from property in question. The lots are only 90' deep, I do not see how Mr. Ivanik can put any type of building there for business, and still have parking in front; all strip zoning of a commercial area, in the middle of a particular residential area is frowned upon. It is unfair to give one person an economic gain at the expease of all surrounding property owners. The zoning laws are to protect all. Mr. Ivanik could sell this property and live off the proceeds with an investment. Mr. Ivanik was deeded this property in 1954 by Circuit court file DD 65857. BOARD'S ACTION Re: Charles L. Ivanik's application Mr. Brau, seconded by Mr. Keys, moved that the Blanning and Zoning Board recommend to the City Council that the applicatiun be denied because of non~conforming use. Polled -Motion ·carried unanimously Mr. Yakely had requested amendments to original motion of Mr. Brau for denial, to elaborate on various reasons. After much discussion, these amendments were voted on and failed to carry and then the original motion of Mr. Brau was amended by Mr. Brau to "tate, "non-conforming use." **** The Chairman read the notice of public hearing on the application of Alfred D. Lewis, owner of the \'/lz of the NEl:, of the N~ll:, of the swl:, of Section 24-54-40 less the E 66 feet thereof, for a change of zoning to allow a t\vo-story Garden Apartment House. Present zoning -RU-l; proposed RU-4, location 6450 SW 48 Street. The Chairman asked if anyone was precient in favor of this request. 2 The Chairman had been informed by Mr. Gammage of the Building Department that Mr. Lewis asked to withdraw his application at this time. The Chairman stated there would be a public hearing, the hearing had been paid for; the people had been notified and lfrr. Lewis was entitled to it. Upon the call for objectors, many hands were raised and the Chair- man asked tha't a spokesman be appointed for the group, as it would be impossible to hear all of them. Mr. Roger Ed'vards represented a group and filed a petition for denial from ,the people who live in the City and also in the surrounding county with some 220 names. He displayed aerial chart and pictures of the property and surrounding propertie~. Thi~ request for RU-4, in such zoning not only is a garden apartmen't allowed, but thi~ i.; South Miami zoning for hotels and commercial interests, pert "nent to a hotel structure. Naturally, this would be detrimental to the people in ques,tion. He understood ,that r.lr. Gammage had letter of withdrawal, and asked that ,the Board not to 'cake it off the agenda. The people would like a ruling on this matter and would appreciate the Board's considera- tion. BOARD'S ACT:DON Re: Alfred D. Lewis' application Mr. Paden, seconded by Mr. Gibbs, moved that the Planning and Zoning Board recommend to the City Council that the application of Alfred D. Lewis be denied because there has been no demonstrated need for a change of zoning in this area. Polled -Yes, 8 2 Abstained (participation by phone calls) **** The Chairman read the notice of public hearing before the Planning and Zoning Board to consider the rezoning of areas from the west end of present commercial zoning on the south ~ide of Bird Road, continuing in a westerly direction until reaching the boundary of South Miami on the west. Location between S:'i 61 Avenue and SW 64 ,venue , for Lots 1 thru 5 Block 2, McKeever Terrace, Lots 1 thru 5 Block 1, McKeever Terrace Lots 1 thru 11 Block 1, Bird Road Estates and Lots 1 thru 24, Block 2, Bird Road Estates. The Chairman asked if anyone present representing request for the rezoning. Mr. Thomson, representing Mr. Trabold, stated he wished to high- light about 4 points and ask the Board if they have any question in 3 behalf of his applicant. There isnt anything that he can say to the Board that he has not already said in the past 3 or 4 times. We all understand "that Bird Road was an aerterial highway, at least in his opinion and rather un-realio;tic zoning between that time and nm". We have had a couple of law suits, one master plan, and several other factoJ5s that came into play here. Nevertheless, we still have the RU-2 20naing on Bird Road. No in3titution will lend any money for any kind of residential construction over there. To his knowledge, and he may stand corrected, there has been one new home constructed in the past S years in the area immediately in question. On any kind of application that came up on Or near Bird Road, the County would register its objec"tion, but he can stand here and shm", beyond question that three million dollars '"Jorth of commercial construction, that the County has put up in the "time they had objected to any corone rcial development in the South Miami Area. Mr. Trabold was asked if he had a plan for development of this property and he replied he had a proposition at the present time for a restaurant. He would be glad to construct any building that will meet the zoning conditions of the City of South Miami. Mr. Trabold advised that he owned Lots 4 and 5, Blk 2 of McKeever Terl1ace. The Chairman asked for anyone in the audience as objector to this request. Approximately 20 people present as objectors. The Chairman said he would hear f few. Mr. Lewis Sehnke, Vice President of the Hope Luthern Church, 6300 Bird Road, represented 400 people 1,,,ho strenously objected to a change of zoning. They will be breaking ground for a new sanctuary in January, and this would not be fitting to have more business places open on Sunday when they are trying to have the present stores closed that day. Pastor Stattlander substantiated what Mr. Sehnke said. He hopes the Board will continue to be sympathic to them, as the Board has in the past, and deny the request for rezoning. Mrs. Smith, 6234 SW 42 Street stated they want to keep this reSidential, that stores at Bird and Ludlam, less than half a mile away, cant keep bU6iness, many are empty, so why should there be one to ,,,reck this neighborhood and then meet the same fate. Mr. H. W. Steele, 6315 SI'1 42 Street stated his objections are on file from previous years. They appreciate the Board's consideration and should the Board have to rezone due to maybe a court action as happened before, they v!Quld appreciate the minimum of rezoning. Mrs. A. E. Breitenstein of 4023 SW 62 Avenue, and Mr. Henry Heineman of 6382 SW 38 Street, member of Hope Lutheran were also heard. John Stevenson of 5221 SW 104 Avenue, member of the Church, stated the traffic condition would be dangerous to the children that attend their kinder- 4 garten. Mr. Irving Zimmerman lives in the Kendall area but is owner of a corporation that he controls, this is Lot 26 Block 2 of Bird Road Estates at 6387 S\'J 41 Street, which backs up to thic; proposed rezoning. He objects to the rezoning on moral principles, but if this rezoning goes thru, he will be before the Board with a petition to rezone his property for a duplex. BOARD'S ACTION Re: Rezoning of Bird Road as stated Vtr. Efronson, seconded by Mr. Gibbs, made a motion to table this hearing for the purposes of the Chairman of this committee designating a committee for further study of existing circumstances, and to suggest in their report what should be done to avoid a confusion of zoning in this area. Report to be made wi·thin one month. Polled -Yes 9 No 1 Motion carried We wish the Council to know, Vtr. Keys and members of his committee, made a thorough study of rezoning Bird Road, made an excellent oral repor·t to the Board accompanied by a complete drawing of the area. Due to the complexity of the existing zoning, the sizes of the lots involved, and the opinions of each member which were discussed and evaluated by the other members, the Chairman resolved this matter would require more study on the part of the Board. The ne," committee ,·,ill avail themselves of all the pertinent information obtained by the former committee. The new commi·ttee appointed by Chairman Stanton: James Ferguson, Chairman; Colonel C. R. Gibbs John Brau Jack Stanton **** The Chairman read the notice on the tabled application of Paul Courtemanche, owner of Lot 22 Pincerest Villas, for a variance on rear setback to permit the constructLm of a Florida room and bath. Required setback 25' present setback 25.56' proposed variance 5.96' variance 19.04' located at 7740 SW 59 Court. Mr. Courtemanche appeared before the Board on November 13, 1962 with additional information. He advised the Board, he had cut the proposed Florida room down to 18' which leaves 7!;,', two photographs of the hou.3e were filed with the Board at this appearance, and a list of 16 names of people who do not object to the proposed construction. Mr. Yakely made a motion, seconded by Mr. Hardeman that the variance be granted, hm·,ever, motion failed to carry by 4 to 3 and thereby being placed on the table. After much discussion, the members were called for a motion to be made by the Chairman. 5 • BOARD'S ACTION Re: Paul Courtemanche's application Mr. Kyes, seconded by Mr. Efronson, made a mo-tion tha-c the Planning and Zoning Board recommend to the City Council that the application of Mr. Courtemanche be denied. **** Polled -Yes, 7 No, 3 Motion carried The Chairman 3aid the -tabled application of Thomas F. Jardine will be left on the table as 'ole are waiting for information on thi3. ****" Remarks: Mr. Brau asked Mr. Gammage abou-t the used furniture store on Red Road -,-,hat basis they are allowed 'co operate, as other businesses had been turned down at that loca-tion, due to paving and drainage. Upon learning this Antique Shop does not have a certificate of occupancy, !-lr. Brau asked City Manager Bar-ton to look into this, as this is wrong, and someone should give it attention. Mr. Keys offered the map to the ne'" committee, this map was made by his daughter. Colonel Gibbs presented ¥~. Keys with a silver dollar for Miss Keys, for a job well done. Mr. Efronson remarked he enjoyed this meeting tremendously, as there had been so much though-t into all the matters this evening. Colonel Gibbs suggested that the Board get dO\vn to some real planning and zoning, that he feels we are doing too much spot zoning, consideration of blocks and not the individual problem. With the report that the City had made some -time ago, the master plan, if part or all is good, for the Planning and Zoning Board adopt it, whatever part we can use, ,ve should take advantage of, and amend the parts that cannot be used. If it cant be u3ed, then get one that ,-;e can use, we should have a plan, this is our job. Mr. Ferguson sta-ted we ,,,ould have to get the people interested in the plan, because no plan is good unless you have the people buy the plan, you must get the people interested in planning. There being no further business before the board, upon motion made by Mr. Paden, seconded by Mr. Brau, and carried, meeting adjourned at 10:30 P. M. MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD JANUARY 8, 196) AT CITY HALL AT 8 P.M. Present: Jack Stanton, Chairman John Brau **** Albert Corsiglia Sidney Efronson Thomas Foster C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl Paden Edward C. Vining, Jr. Harold Yakely James Ferguson also attended meeting Mr. Paden, seconded by Mr Keys, moved that toe minutes of the regular meeting of November 27, 1962 be approved as individually read, with correction thereto -Albert Corsiglia's name was omitted from the list of members present. Polled -Motion carried unanimously "/.-':!:!ti The Chairman, with the Board members approval, permitted Mr. Hoffman of the Hope Lutheran Church to speak regarding the strip zoning on Bird Road. The Chairman advised Mr. Hoffman, and his group, that this will not be considered a public hearing, and will not be made part of the record. Pastor Stattlander expressed his appreciation to the Board in behalf of Mr. Hoffman being heard. **** The tabled item of Mr. Jardine remains on the table, as no further information or action has been received or requested. **** Mr. Ferguson gave an oral report on the Bird Road zoning matter. The Bird Road map prepared for this Board was displayed for clarifi- cation of Mr. Ferguson's report. After a lengthly discussion on the various depths, widths, sizes of lots, location relevant to each particular lot and property, and the present hodge-podge zoning in this area -Mr. Efronson, seconded by Mr. Yakely, moved that the Board table this matter, pending a written report from the committee. Polled -Motion carried unanimously Jan. 8. 1963 o •• **** Mr. Efronson, and the Board members welcomed Mr. Foster back on the Board. **** Mr. Keys requested that notices of public hearings be sent to each Board member, the same day the notices are sent to property owners. These notices will prepare the members to be better informed when called upon to answer questions from said property owners. **** Mr. Foster said he was glad to be back to the "City of Pleasant Living", and that in his travels, he saw zoning that makes him feel the Planning and Zoniog Board of South Miami is doing a good job. **** Colonel Gibbs, seconded by Mr. Keys made a motion that the Board recommend to the City Council, that some action be taken regarding the hazardous and undesirable conditions on the narrow un-dedicated streets in the City; if possible to complete the cut-thru and paving of these streets. Polled -Motion carried unanimously ... ~.*** The Chairman expressed toe Board's appreciation to Mr. Ferguson for serving with the Planning and Zoning Board. Mr. Ferguson said he would be glad to help with his services at any time. ~';*** Mr. Paden, seconded by Mr. Corsiglia, moved to adjourn. Motion carried unanimously; meeting adjourned at 9:15 P.M. Jan. 8, 1963 PRESENT: ABSENT: **** MINUTES OF 'l'HE REGULAR tfiEETING OF THE SOUTH llIAIlI PLAl\'NING AND ZONING BOARD JANUARY 14, 1963, AT CITY HALL, 8:00 P.M. Jack Stanton, Chairman James Bmoman Sidney Efronson C. R. Gibbs Myron Keys Carl Paden J. C. Shz"" Dr. C.D. Tharp Edward C. Vining, Jr. Harold Yakely Thc:uas I}'. Fo'3 ter Mr. Yakely, seconded by Hr. Keys, moved that the minutes of the regular rr.eetj.ng of December 10, 1963, be adopted as individually read. ~:.:>t'_cn carried unanimously. **** The Chairman react ti1e notice of public hearing on the appli- cation of Dal-Long, Inc., as the representative was not present, the chairman suggested the 3c2rd consider the next item on the agenda; this met "i th the Board's approval. **** The Chairman read the notice of public hearing on the appli- cation of Aluxander vi. Alvin, owner of S~ of SE~ of SE~ of SE~ less West 340', Section 26-54-40, for a change of zoning to per- mit an apartreent house. Present zoning EU-l; proposed RU-4; Location NW corner of Sunset Drive and ~W 67 Avenue. Letter of approv21 for rezoning the above property was received from John L. Bridges. Bill Alvin represented the owner, stating they would like to pnt the property to use and whatever dedications required would be ::-.ct by the O":7ner. Hrs. LiVelli and Mr. Wedemeyer spoke in favor of the ap!)lication, the latter with reservations. The following objectors ":;ere heard at this time: Ronald Singerman 6821 SV7 66 l\·Jerne, Er. St2.JTh"ll of 6740 SW 69 Terrace, Dr. Chauser of 6760 S\"J 69 Terrace, Mrs. R. H. Higgins of 6816 SW 68 Street, Allan Abess of 6721 SW 69 Terrace, Mrs. Murray Sheppard, Jim King o:E 6::41 SW 66 Avenue, Walter Lippman of 1-14-64 6780 SW 69 Terrace, Joseph Wierzowski of 6259 SW 70 Street, Grady Barrs of 6760 SW 68 Terrace, Violet Allee of 6701 SW 69 Terrace, M. G. Malti of 7132 SW 65 Avenue, and Bill Nunberg of 7049 SW 66 Avenue. Main objections being traffic hazard and the desire to keep the area residential. No letters of objection were received and all the objectors present are not within the 300' area of notification. After considerable discussion, Mr. Efronson, seconded by Mr. Yakely moved to table the application. Polled: Yes, 7: No, 2. City Manager Barton suggested "town-house classification". The Chairman appointed the City Manager a committee of one to secure available information on this classification for the Planning and Zoning Board members. The Chairman appointed Mr. Keys, Chairman: Dr. C. D. Tharp, and Mr. Shaw as a committee to study this area and make a report to the Board as soon as possible. **** The Dal-Long, Inc., application was considered at this time, for variances to permit the construction of an apartment house on L~ts 4, 15 and Lot 14 less West 3' of Block 14, located at 6129 SW 70 Street. Required: 100' front, 15' side setback: proposed 97' .front., "-10' west side and 7l;;' east side setbacks. The Chairman asked for a ruling from the City Attorney, to hold public hearing at this time as notice of public hearing was incorrect. Previous scheduled public hearing of November 26, 1963 was deferred due to incorrect public notice. The City Attorney ruled the hearing could be held at this time. George Baker Thomson, representing the owner stated there has been no improvement in this area in the last 25 years. The construction proposed will improve the entire area. There will be 22 units with 20 parking spaces and enough land for 25 to 28 parking spaces. The B~ass Key apartments are within 150' of this proposed apartment house. Mr. Wedemeyer said he had not received notice of hearing and has 4 lots on 61 Court, within the 300' notification area. Mr. Wedemeyer does not object to the apartment at this location. Joseph Wierzowski of 6259 SW 70 Street does not object. Letter-of approval received from: J. H. Dye of 2 1-14-64 6005 SI'l 70 Street. Letters of objection were received from James Dowling of 6140 SI-I 69 Street, Alice Inman of 7020 SW 61 Avenue, Shellie Moorer 6150 SV) 69 Street, I. Moskowitz 6145 SW 69 Street, B.a. l'Iillis 6144 SW 69 Street, Archie and Louise Freelove 7000 SliJ 61 Avenue, Elizabeth J. Broomfield of 6140 SI'l 70 Street, David and Christine B~ooks 6184 SI'I 70 Street, P.D. and Anna A. Loyless of 7109 SI'I 61 Court. Mr. Loyless told the Board it was his understanding a hardship must be shown for the granting of a variance and further understands that the ~djacent property can be purchased. After a lengthly discussion, Mr. Paden, seconded by Mr. Yakely, moved that this item be postponed until the next regular meeting~ Polled: Yes, 10; No, O. **** The repprt of the Committee on recently annexed Parcels No. 3 and No.4, interim zoning is as follows: PARCEL #3 Grigsby Manor PB 58/67 and Replat 66/109 fronts on SVJ 77 Terrace running east from SI'I 67 Avenue is zoned RU-l under County Classification. It is recommended that this Parcel be zoned RU-l under the South Miami Code. PARCEL #4 Davis Manor, PB 51/41 Block 4, this parcel is the nortDeast corner of S\'J 80 Street and SI'I 67 Avenue. Lot 1 zoned RU-5 and Lots 2 and 3 zoned RU-l. Lot 1 is improved with a professional-medical building. It is recommended by the Committee that this Parcel be zoned as follows: Lot 1 of Block 4 be zoned RU-5 under South Miami Code Lots 2 and 3 of Block 4 be zoned RU-l under the South Miami Code. This Committee predicated its decisions on the basis that annexed land should be brought into the City under the same or comparable zoning classification as it held in the County. Should any owner wish a change, they can follow the customary procedure for requesting such change as they might wish. Respectfully submitted John 1'1. Brau, Chairman Thomas T. Foster C. R. Gibbs Mr. Yakely, seconded by Mr. Efronson, moved that the Board accept the report of the Commi·ttee. Polled: Yes, 10; ; No, O. 3 1-14-64 Mr. Brau submitted a formal recommendation to the Board for the numbering of public hearings, decisions, etc. After approval by the Board, the Chairman instructed the Building Department to use this form for all future public hearings and to take into consideration the numbering sequence. This form is patterned after Dade County form. **** Mr. Efronson wished to welcome Dr. Tharp to the Planning and Zoning Board. Mr. Paden asked for assistance on the report of parking spaces for apartments, which was previously requested by the Board. The Chairman appoin·ced the following members to the Committee: l>:1r. Paden, Chairman, Mr. Keys, Mr. Gibbs and Mr. Vining. There being no further business before the Board, meeting adjourned at 10:50 p.m., upon motion duly made, properly seconded, and carried unanimously. 4 1-14-64 Present: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD FEBRUARY 12, 1963 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Albert Corsiglia Sidney Efronson Thomas Foster C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl Paden Edward C. Vining, Jr. Harold Yakely Mr. Brau, seconded by Colonel Yakely, moved that the minutes of the regular meeting of January 22,1963, be approved as individually read. Polled: Motion carried unanimously **** The Chairman read the notice of public hearing on the applicati0~ of Alfred D. Lewis, owner of Lot 34, Sunrise Estates, First Addition PB 75/19, for a variance on front setback for the purpose of erecting a residence. Required -25' setback; Proposed -15'; location - 5260 Sl'i 64 Court. Mr. Lewis could not be present, however, Mr. Bram of 5809 SW 64 Place, an associate of Mr. Lewis, explained the variance was requested in order to build a residence with an East exposure, for a buyer who had already placed a deposit with Mr. Lewis. He informed the Board no other lot was available with an East exposure. This variance would leave 23' to the main part of the house and 15' to the garage area. The Chairman called for anyone present in favor of this variance, there being none, the Chairman called fer any Gb}ec~ present. Mr. Ken Kemper, attorney for Dr. Herbert Levin of 5305 SW 64 Court, across the street from the proposed variance location objects to ±he variance being granted. It would spoil the appearance of the Street, as all houses that have been built have been set back the proper distance, and are in the $40,000 to $50,000 bracket. Mr. Kane of 5221 SW 64 Court objected to a variance being granted, 2/12/63 when they bought their horne. they were told a park would be built on the plot of land opposite their home; this land was owned by the City of Miami. the park never materialized. then this land across the street was levelled and all these smaller houses were being built. these houses are not near the value of our homes, Now they want a variance;to set a house closer to the street. which will further distract the appearance of the neighborhood. John Brau. seconded by Colonel Yakely. moved that the Planning and Zoning Board recommend this request be denied. Mr. Foster suggested an amendment to this motion be made. stating this problem was discussed with ~~. Lewis before and all the facts pointed out to Mr. Lewis who agreed he could set up a house on every lot in regards to shape. size. and water line, when plat was approved. This amendment being agreeable with the Board members was made by Mr. Foster. seconded by Mr. Paden. to the original motion for denial by Mr. Brau. seconded by Colonel Yakely. **** Polled -Yes. 10 Abstained 1 The Chairman read the notice of public hearing on the application of Martin Brothers. Inc .• prospective owners of Lots 2 and 3. Field Villas. PB 47/98. for a change of zoning and variance to permit the construction of a professional building and parking lot for building. Present zoning RU-l. proposed RU5 for Lot 2; Present zoning RU-l on Lot 3. proposed -variance to permit parking. Locations respectively 7520 SW 57 Avenue and 7511 SW 57 Court. Mr. Paul Martin represented the Martin Brothers. he stated this building directly to the South of the 7500 Building would be of similiar construction and comparable to the existing buildings. The parking would be in the rear on Lot 3. therefore. only a variance for parking was needed. This land would be landscaped and a wall erected. whatever would be rquired by the Building Department. Mr. Mondlick. owner of the Shore Building. specifically wished to go on record in favor of this request. The addition of this building will be welcome in the area. Mrs. Betty Kowalchwick of 7510 SW 57 Court. new owner of lot facing the proposed parking lot. does not object to this request. as Mr. Martin had explained about the landscaping. etc .• but. she wanted to know if the change was made. if she could expect a business next door. The Chairman said tlUs Board will not put business back 2/12/63 there. The intention of the Board is to protect the citizens. Mr. Brau, seconded by Mr. Vining, moved to table this application until the next regular meeting, at which time the the particular restrictions of parking on the Shore Building will be reviewed in relation to this application. Polled: Motion carried unanimously. *** The Chairman read the notice of public hearing on the application of Elizabeth Sheff, owner of Lots A and B, West Larkin Park, PB 12/49, for a variance on lot frontage and size for the purpose of erecting two houses. Required 75' frontage, proposed 63'; 10,000 sq ft, pro- posed 9,450 sq ft. Location: Lot A, 7851 sw 69 Avenue; Lot B, 7850 SW 68 Avenue. Mr. Samson Pederson of 205 Aragon Avenue, represented Mrs. Sheff. He stated there was no chance to obtain land on either side, that the people on each side have been wanting to buy part of this property for their homes. Mrs. Sheff does not intend to build, but wIshes. ro sell this property. Dr. Sykes, resident and owner of the property immediately South of this location, would be interested in purchasing this property, all or half of it, and would beautify the property. Dr. Sykes is in favor of this request. Mr. Gardner of SW 69 Avenue stated he was in favor of this request. Mr. Keyes, seconded by Mr. Corsiglia, moved the Board recommend to the City Council that Variance be allowed as to the frontage, due to the fact -there is 600' property depth, they can increase the depth of the lot to get 10,000 sq ft required without requesting any variance on the 10,000 sq ft. Therefore, the motion is for the variance of 12' frontage. Polled: Yes, 9 No, 2 Mr. Foster inquired if a variance had been requested on the property of Charlie Bieber now being built at 5965 SW 76 Street. Mr. Gammage told the Board the former building had been condemned and had been torn down, and when buildings were condemned and removed, you had to allow the property owner to rebuild. The Chairman asked the City Attorney for his opinion on this matter of -'variances, setbacks, etc. on condemned property. 2/12/63 Mr. Hardie said the fact of condemnation does not give the right ·(:0 build anything. The Chairman asked Mr. Gammage to take this up with the City Manager, in the interest that the building will conform with the zoning rule. There being no further business before the Board, the meeting adjourned at 9:30 P.M., upon motion made by Mr. Brau, seconded by Mr. Keys, and carried. Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD FEBRUARY 26, 1963 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Albert Corsiglia Thomas Foster C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl P~den Edward C. Vining, Jr. Harold Yakely Sidney Efronson Mr. Yakely, seconded by Mr. Brau, moved that the minutes of the regular meeting of February 12, 1963, be approved as indiv~dually read. Polled: Motion carried unanimously **** The Chairman read the notice of public hearing on the appli- cation of Ralph Clarke, owners of Lots 13, and 14, Block 2, Larkin Pines, PB 24/20, for a change of zoning and variance, for the purpose of constructing an apartment house. Change of zoning from RU-l to RU-4; variance from 100' frontage to 95.06; 15,000 square feet to 14,259 square feet. Location -6001 SW 76 Street. Mr. Ralph Clarke of 6001 SW 76 Street stated he was interested in building an apartn:ent house, and asks for rezoning in order to build. There is an apartment project next door to him, and he would like to get his property rezoned for that purpose. He would like to get larger dimensions if possible. Mr. Roger Dick, general contractor spoke in favor of this change of zoning, however, as Mr. Dick is not a resident of South Miami, the Chairman advised the Board was interested in hearing the residents of this city. Mr. B. M. Kepshire of 6031 SW 76 Street wishes to object to granting a change of zoning. This is spot zoning, and his 52' lot will be betw2en two apartment houses. It certainly will not help the people in the neighborhood. Mr. Clarke does not have enough room to build this apartment, ufuless he secures property 2/26/63 immediately west of his property_ If this rezoning takes place, Mr. Kepshire's house is between Mr. Fosters and Fox's and Mrs. Fox has already said she is in favor of apartment houses. The Chairman, at this time was given a letter of objection from a man in the audience, signed by Alfred Hagan, 7621 SW 61 Ave. Wilton H. Gooch, 7643 SW 61 Avenue, William E. Stone, 7616 SW 61 Avenue, Joseph Mansfield, 7606 SW 61 Avenue and Bert Kepshire, as follows: Gentlemen: We wish to protest the proposed re-zoning attempt on SW 76 Street near SW 60 Avenue as an encroachment upon and into the residential area surrounding. It is most evident that more suitable property for the proposed venture lies elsewhere in South Miami. Mrs. Alice Rosenthal of 6020 SW 76 Street stated she is not happy about having an apartment house across the street where she lives, and objectsto change of zoning. Mr. Brau, seconded by Mr. Corsiglia, moved the Board recommend to the City Council, denial as non-conforming use to the general neighborhood; motion carried by poll: **** Polled: Yes, 9 Abstained -Mr. Foster because of being a neighbor The Chairman read the notice of public hearing on the appli- cation of Mrs. Agnes Ruhl, owner of the vi 137' of Tract 4, Larkin& Forest, Amd., PB 33/44, for a change of zoning. Pr~sent zoning RU-l; Proposed RU-5. Location -5730 SW 74 Terrace. Mrs. Agnes Ruhl stated she purchased this property in July, and since then a medical building was constructed on Red Road, and she understands a variance has been asked on the property to the left of her property, therefore, she felt now would be the proper time to ask for a change of zoning. Mr. Brau asked Mrs. Ruhl if she knew at the time that she bought this property about the rezoning for the medical building, and did she intend to put up an apartment building. Mrs. Ruhl replied that she is now aware of the rezoning, and that she has no plans at this time. 2 2/26/63 The Chairman read letters of objection to change of zoning, from B. S. Chinn, Elmear C. Chinn of 5770 SI-I 7L', Terrace; Mr. and Mrs. Luther Shafer of 5801 SltJ 7"1· Terrace; Mr. and Mrs. R. G. Garber, Jr. of 5823 SW 74 Terrace. Mrs. Betty Kowalchuk of 7510 SW 57 Court, new property owner wishes to object and record her protest to a change of zoning. She,>is just getting used to the idea of the parking lot across the street. This change is tcouncertain, it can be professional or apartment buildings, and she would not want an apartment right on the corner from her. She can live with the well planned land- scaped parking lot, but not an apartment house. Mr. Herb Lesser of 7549 SW 58 Avenue who objects on the same basis as Mrs. Kowalchuk, as he considers tl,is a residential area, and hopes that it remains so. Mr. Vining, seconded by Mr. Hardeman, moved that tile Planning and Zoning Board recommend to the City Council, this request be denied for change of zoning from RU-l to RU-5. Polled: Motion carried unanimously **** The Chairman read the notice of public hearing on the appli- cation of George Marks, prospective owner of E~ of N~ of SE~ of SE~ of NE~ less W 25' of Section 36-54-40, for a change of zoning in order to permit a shopping center. Present zoning -RU-l Proposed C-l. Location -7810 Red Road. Mr. Guion T. DeLoach of 311 SW 27 Avenue, attorney representing Mr. Marks, showed the Board the plans for the proposed shopping center. This center adjacent to expanding commercial area, that this particular building will promote harmony with the entire area. They are willing to provide buffer strips, landscaping, etc. to minimize an impact of the shopping center. He feels the city would benefit by revenue and increased real estate taxes. He does solicit the Board's consideration on this. He did not have details on number of stores etc. The Chairman read letters of ObjeC~rom: Mr. Coburn of Dade County Planning Department, R. F. Cook, Dade County Building and Zoning Board, Roscoe H. Jones, Director Metro Planning Department, Esther and Aaron Applebaum of 7900 SW 57 Court, Mr. and Mrs. Smith of 5750 SW 80 Street, C. J. Simmons of 7830 SW 57 Court, Charles V. Morin of 7901 SW 57 Court, Herbert S. Pablo, Jr. of 7820 SW 58 Avenue, Mr. and Mrs. William Shandor of 7800 SW 57 Court. Petition with 27 names; Petition with 39 names. 3 2/26/63 The Chairman called for any objectors presen·c, from 60 to 70 hands were raised, the Chairman advised we would not be able to hear all of them and asked that someone represent them. Mr. George Shamos represented the majority of proper·ty owners in the area. As chairman Mr. Shamos submitted a petition with 63 signatures objecting to change of zoning. He stated the people who live in ·this area, invest their money in homes, they are entitled to full protection from the Planning and Zoning Board on any appli- cation to change zoning. This is nothing but spot zoning, the last in the area is the Shore building and from there up to this property is residential. There is no need for a shopping center here. This proposed center will have an A & P store, there is adequate pro- visions nearby, with Food Fair, Kwik Check, Stevens, Gardner's store, Publix Market, 7-11 plus shopping centers. The homes on the back end of 57 are in a range of $20,000 on up. The traffic on Red Road cannot possibly sustain a shopping center. The shopping area would have to handle 1000 cars a day to make any kind of profit. The heavy equipment, air conditioners which would be in the rear, all would be hazardous, offensive odors and noise, garbage trucks, and the lighting would be like 'che Orange bowl. This would invade the residential area. The health, safety and welfare of the people is a basic thing that the City has to rely on. Mr. Shamas said a prospective buyer was present, who would pay a fair market value, that no harship has been shown, let the owner come before the Board and show where she cant do anything wi·th this, especially when you have someone standing by that will buy it. Mr. Frank Howard of 5760 SW 81 Street stated Mr. DeLoach has said this property was adjacent to expanding area, it is not, un- less the Board permits it. He asked the Board to hold the residen- tial character of the neighborhood. If the change of zoning is permitted, his house will be Ior sale. Mr. Alfred Cannel of 5710 SW 81 Street asked that the Board and Council have a sort of philosophy of holding back the character of the city. If the city had some sort of policy that the citizens would not have to be coming to meetings to protect their rights, on these variances, if there was a fixed policy. The strip zoning and spot zoning is ruining the character of the city. Mr. Brau advised Mr. Canael we do have a policy, we have a zoning ordinance, and as a policy it is zoned RU-l, there can not be an absolute adamant set policy, we are guided by the policies that have passed, we must always be flexible, and the day we stop being flexible, will be the day you will wish we were not here. 4 2/26/63 Mr. Hardeman, seconded by Colonel Gibbs, moved that the Planning and Zoning Board recommend to the City Council, this request be denied. Polled: Motion carried unanimously **** Tentative plat of Sunrise Estates, Second Addition, the Chairman advised the minutes are filed incomplete and cannot be acted upon until completed. **** George Baker Thomson asked the Board what procedure would be required for the South Miami Hospital would like to erect a 30 x 70, 7 stories high; not for patients, beds, just storage room in the rear of the hospital where the parking now exists. The Chairman advised him 'co see the Cicy Attorney, as he would have to comply with the zoning ordinance. to get a definition of what the code requires. Mr. Thomson said he would discuss the matter with the Building Department and then file application of request. **** **** **** jlijartin Bro·ther' s application remains on the table. for infor- mation. Jardine application remains on the table. There being no further business before the Board, meeting adjourned at 9:35 P.M. upon motion duly made, seconded and carried. ,- Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD MARCH 12, 1963, AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Albert Corsiglia Thomas Foster C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl Paden Edward C. Vining, Jr. Harold Yakely Sidney Efronson John Brau, seconded by Nyron Keys, moved that the minutes of the regular meeting of February 26, 1963, be approved as individually read. Polled: Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of Harry Seitlin, owner of Lots 22, 23 of Block 4, Franklin Subdivision PB 5/34, for a change of zoning and a variance on rear and side setbacks in order to construct a two story apartment house. Change of zoning from C-l to RU-4B; Variance Rear 25' to 20' and Side 15' to 10', Location, approximately 6520 SW 59 Place. Mr. William E. Martin, architect represented Mr. Seitlin~ stated the original request at the public hearing of April 24, 1962, was approved except changes for the parking required by the City ordinance. The new plans submitted for the 2 story 12 unit apartment indicate 12 parking spaces. After much discuRsion. Mr. Brau, seoonded by Mr. Corsiglia, moved the Planning and Zoning Board recommend to the City Council, approval of application for rezoning, and denial without prejudice of variances as to rear and side setbacks. Polled: Motion carried unanimously. 3/12/63 , **** The tenative plat of Sunrise Estates, Second Addition, submitted fur approval was considered, and Colonel Gibbs, seconded by Mr. Foster, moved that the Board sees no objection to the tenative plat as submitted. Polled: Motion carried unanimously **** Commander Paden, seconded by Colonel Yakely, moved that the application of Thomas F. Jardine be removed from the table. Motion carried unanimously. The Chairman read a letter from George Baker Thomson, attorney for Mr. Jardine, as follows: "Mr. Jardine has authorized me to request a withdrawal of pending application of Thomas F. Jardine: Lots 1,2,3,24, 25 & 26, Block 2, Westerfield Manor, Dade County, Florida. Please consider this letter as a formal request for such withdrawal. " Commander Paden, seconded by Colonel Yakely, moved that the Planning and Zoning Board accept the request of withdrawal, and the request to be accepted without prejudice. Polled: Motion carried unanimously **** The Chairman read a letter received from Martin Brothers as follows: City of South Miami South Miami, Florida Attention: Planning and Zoning Board Re: Variance for Lot 3, Field Villas Dear Sirs: We are in the process of completing working drawings the building contemplated for Lot 2 Field Villas and not as yet completed our traffic plan for the use of for parking. 2 for have Lot 3 3/12/63 .. We will however state that our protective fences will be equal to that used by the Shore Building, will join their fence on the South and follow the gentle curve of South Red Court to our North property line, then East to the intersection of Lots 1 and 3. We anticipate no problems or controversy with our final plans and if this variance can be permitted subject to the final approval by your Building Department we will greatly appreciate it. Very ·truly yours, MARTIN BROS. INC. /s/ Paul B. Martin, President The tabled applica·tion of Martin Brothers remains on the table pending submission of the plan for Lot 3 on parking, as requested by the Board. **** The Planning and Zoning Board requests specific and exact information of the area to be studied on the referral of the Clarke application as per Council minutes of March 5, 1963. **** There being no further business before the Board, meeting adjourned at 9:10 P.M., upon motion properly made, seconded and carried. Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD MARCH 26. 1963 AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Albert Corsiglia Thomas Foster John V. Hardeman. Jr. Myron Keys Carl Paden Edward C. Vining. Jr. Harold Yakely Sidney Efronson C. R. Gibbs Colonel Yakely. seconded by Mr. Keys. moved that the minutes of the regular meeting of March 12. 1963. be approved as indi- vidually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the application of Gordon Albury. agent for J. A. King. owner of Lot 11. Block 7. Merion Park Manor. Second Addition PB 63/95. for a variance on side setback on swimming pool and screen en- closure for a new residence. Required. Pool 15' proposed 12'1"; Required Screen Enclosure 12', proposed 9'3"; Location approx- imately 6841 SW 66 Avenue. Mr. Albury stated if his request is allowed it will lend itself to a better design and elininate an awkward architectural condition. There will be a 6'0 high wood louver fence at the property line that will serve to shield all activities within the pool patio area. No letters of objection were received and no objectors present at the meeting. Colonel Yakely. seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to the City Council that the requests for variances as indicated in the application be granted. Motion carried by the following poll. Polled: Yes, 7 No. 2 I Abstained 3/26/63 **** The Chairman read the notice of public hearing on the application of A. S. Forrest, owner of Lots 34, 35 of Block 23, Cambridge Lawns, PB 20/48, for a variance on lot size and lot frontage to permit the construction of a single family residence. Required, 75'; Proposed 50' frontage; Required Lot size 10,000 square feet; Proposed 5408.5 square feet. Mr. Forrest stated that prior to the purchase of the lots, he inquired from the Building Department and was informed that he could build with a 50' frontage. Based on this information he made application to the Federal Savings & Loan Association, and now has an existing mortgage. Mr. Forrest owns 5' of the road which he will dedicate to the City, and also the ease- ment in the rear will be dedicated to the City. The Chairman read letters from Norma Greenberg and Mr. Sol Rovin stating "No objection" to this request. Mr. Willard "Burton spoke in favor of granting this request for variance. The"Chairman read letters of objection from Mr. Harry Carter of 6270 SW 62 Court and Mr. & Mrs. John Young of 6401 SW 63 Avenue. Mr. B. F. Rudnick of 6381 SW 63 Avenue, Mr. R. Bender of 6291 SW 62 Place, and Mr. Albert Green, appeared before the Board to voice their objections of granting this variance. Mr. Bert Wilmers of 6251 SW 63 Court said he represented 39 property owners, who objected to granting this variance, how- ever no petitions were filed with the Planning and Zoning Board. Mr. Fred August of 6221 SW 62 Terrace said he represented 7 property owners who objected to granting this variance; no petition filed with the Planning and Zoning Board. After much discussion, Mr. Foster, seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to the City Council that the application of Mr. Forrest for variances be denied. Motion carried by the following poll. Polled: Yes, 6 No, 3 1 Abstained 2 3/26/63 **** The Chairman read the notice of public hearing on the application of Lillian Jones, owner of Lots 11, 12, 13, 18, and 19 of Block 3, Amended Plat of Seaview Park, PB 17/80, for proposed cutout of tract 100' X 100' for the purpose of con- structing a single family residence and variances to allow same. Required, 25' setback; proposed 14' setback; Required land area, 12,500 square feet; proposed 10,000 square feet. Loaation 5885 SW 84 Street and approx. 5880 SW 83 Street. Lillian Jones called the Building Department March 20, 1963, to amend her request, stating she plans to sell the three lots on 83 Street. This will make the lot 12,000 square feet, the required is 12,500 square feet, the variance will then be for 500 square feet. The Chairman read a letter of objection from Robert Thorner of 5861 SW 84 Street. Mrs. Jones appeared before the Board stated she would like to seilil these three lots and would appreciate the Board's consideration. She had offered to sell Lot 11 to Mr. Thorner, and does not know the reason for their objection. The following objectors were heard: Mr. Nicholas A. Kotys of 5827 SW 84 Street; Mrs. Thorner of 5861 SW 84 Street; Mr. Charles Riden of 5851 SW 84 Street; the consensus of objection being, this would establish a precedence. Mr. Brau, seconded by Mr. Efronson, moved that the Planning and Zoning Board recommend to the City Council approval of the request and the request as amended on the application of Lillian Jones. Polled: Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of Dr. James A. Vaughn, Jr., owner of Lot 21 and the N 15' of Lot 22 less the E 25' for roadway, William A. Hobbs, Sub- division, PB 4/111, for a change of zoning to permit offices for medical doctors. Present zoning RU-l; Requested C-l, Location 7240 SW 62 Avenue. Mr. George B. Thomson, representing Dr. Vaughn, stated this structure will improve the appearance of the neighborhood. The remodeling cost will be approximately $10,000. Nineteen property owners were notified and no objections were received. j 3/26/63 Mr. Matson O'Neal, Jr. of 5930 SW 73 Street, spoke in favor of this project. Mr. Efronson, seconded by Mr. Brau, made a motion that the Planning and Zoning Board recommend to the City Council, that the Vaughn application be granted a Use Variance Permit, in accordance with the sketch submitted with the application. Polled: Motion carried unanimously. **** The Cha~.rman read the notice of public hearing on the application of Ted Arch, owner of Trail Automotive Parts, Inc., for a variance to permit a machine shop at 6718 SW 62 Avenue, N 75' of S 193' of Block 5, Cocoplum Terrace Addition, PB 43/38. Present zoning C-l; Required for machine shop C-2. Mr. Arch stated they have been located in this builcing for the past ten years, and have operated a machine shop for that length of time. They did not know they were in violation of any law. The machine shop is imperative to the business, and if request is denied it would be a financial hardship to all con- cerned. Mr. Ted Marks, landlord, of 7840 SW 53 Avenue, spoke in favor of this request; that the operation is clean and orderly. No letters of objection were received, however, Mr. Paul Davis; Mr. Arch Smith of 6731 SW 62 Court; Mr. V. Porter of 6721 SW 62 Court, appeared granting of this request. noise created by the Steam before the Board in objection to The consensus of objection was the Jenny. Mr. John Hillyer of 6631 SW 62 Court objects to any further variance being granted in this area. Mr. Foster, seconded by Mr. Hardeman, Jr., made a motion that the Planning and Zoning Board recommend to the City Council, in the case of Trail Automotive, that a variance be granted to Trail Automotive to operate an Automotive Machine Shop, provided all operations be confined to the interior of its building, and further that the Steam .Jenny shall not be allowed in this opera- tion. Motion carried by the following poll. Polled: Yes, 9 No, 1 4 3/26/63 **** Martin Brothers' application remains on the table. **** The Planning and Zoning Board recognizes that the area study requested by the City Council has been clarified for the boundaries. This matter will be taken under advisement, and study will be made at the next meeting. This study area refers to the application of Ralph Clarke, 6001 SW 76 Street. **** The Chairman requests that the public '~earings be limited to three applications for a meeting, however, in case of an emergency, the Chairman to be contacted, and he will order the acceptance of same. **** The Chairman requests additional copies of the face-sheet of Agenda for the meetings of the Planning and Zoning Board. **** There being no further business before the Board, meeting adjourned at 10:40 P. M., upon motion of Mr. Brau, seconded by Mr. Corsiglia, and carried. 5 3/26/63 Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD APRIL 9, 1963, AT CITY HALL AT 8 P.M. John Brau, Chairman Albert Corsiglia Thomas T. Foster C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl Paden Edward C. Vining, Jr. Harold Yakely Jack Stanton Sidney Efronson Captain Paden, seconded by Colonel Yakely, moved that the minutes of the regular meeting of March 26, 1963, be approved as individually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of Maurice Rosen, attorney and agent for Miriam Rosen, owner and I. L. Reisman, lessee, of Lots 1 thru 5, Block 1, Reilly, Stoms and Paxson Subdivision, PB 27/56, for a change of zoning or use variance to permit a billiard parlor. Location 5948-50-54-56 Sunset Drive. Mr. Joseph Reisman, represented Mrs. Rosen and Mr. Reisman, stated this building would made a substantial improvement and also beneficial to the area. No letters of objection were received, and no objectors present. Mr. Keys, seconded by Colonel Yakely, moved that the Planning and Zoning Board recommend to the City Council that application of Maurice Rosen, attorney and agent for Miriam Rosen and I. L. Reisman be denied. **** Polled: Yes, 8 No, 1 The Chairman read the notice of public hearing on the appli- cation of W. F. Esslinger, administrator of estate of Ordonez et al, 4--9-63 and Carl Droke, agent, for a variance on lot frontage and lot size to permit the construction of a single family residence. Location, 7114 Sit) 63 Avenue. The Chairman read a petition with 16 signatures in objection to this variance, on the grounds that this variance would depreciate the appearance of the neighborhood, and decrease property values. Mr. Droke, agent said the home adjoining on the South is 50' property, and on the North 60' lot, that if this variance is granted the building will meet the required setback. The following objectors were heard: Mr. George Hays of 7115 SW 63 Court, his home is on a 50' lot, however, he feels that if building is continued on 50' lots that the area will tend to go down. Mr. Bowman of 7121 SW 63 Court Objects as this may be used as rental property. Captain Paden, seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to the City Council that the application of W. F. Esslinger, administrator of estate of Ordonez et al be approved. Polled: Motion carried unanimously **** The Chairman read the notice of public hearing on the appli- cation of Norman L. Greenberg and Sol Rovin, owners of Lots 12, 13, 8, of Block 6, and Lot 6 in Block 8, Twin Lakes Manor Sub- division, PB 57/82, for variances on lot frontage and lot size to allow the construction of 4 single family residences. Required Lot Frontage 75'; Proposed, Lot 8 Block 6 -60.65'; Lot 12, Blk 6 - 62.9'; Lot 13 Blk 6 -63.9'; Lot 6 Blk 8 -64.79'. Lot 6 Block 8 also requires a variance on lot size, Required 10,000 sq ft; Pro- posed 6,930 sq ft. The Chairman stated petitions with 26 signatures, 37 signa- tures and 3 signatures, also notification from Mr. & Mrs. John H. Young were received objecting to granting of any kind of variances. Mr. Haskoe s·tated Mr. Greenberg checked with the Building Department and tIle City Manager and was told because this was a recorded plat, tllere would be no question about building, there- fore they proceeded with the plans, then the City Attorney decided they would have to get variances. Mr. Pegram, Mr. Shapiro of 6271 SW 63 Avenue voiced their objections to variances being gra:ited: Mr •. Ed HO;J.ly of 6300 SW 2 4-9-63 6~ Place objected to the filth and vermin on the lot, and asked that the City keep it clean or permit these people to build. Mr. Keys, seconded by Mr. Corsiglia, moved that the Planning and Zoning Board recommend to the City Council that the applica- tion of Mr. Greenberg and Sol Rovin be approved. Polled: Motion carried unanimously **** Mr. Dawson appeared before the Board and asked to have his application for outside doors withdrawn. The Board unanimously approved the withdrawal. **** The Chairman read the letter from Harry Seitlin stating his application was being held up due to the fact that SW 59 Place is 22'6" wide and according to ordinance must be 50' at this location. That no permit may be issued until the Board and Council approve the width of the street. Mr. Seitlin is willing to dedicate 14'3" in order to attain the required width, however, his property building will have to be moved to the rear of his property that distance. He will then not have -the required 25' rear setback. Mr. Foster, seconded by Colonel Gibbs, moved that a "No cost" public hearing be held, in view of the fact the owner has mentioned the matter of the dedication. Polled: Motion carried unanimously. **** Mr. Foster, seconded by Mr. Vining, moved that the Martin application be removed from the table. Motion carried unanimously. Mr. Foster, seconded by Mr. Corsiglia, moved that the plan as submitted, dated, and initialed by the Board be approved as the requirement for Off Street Parking, on the original request that referred to RU-5 On Lot 2; that the variance on Lot 3, con- form to the plan as submitted, dated and approved. Colonel Gibbs, seconded by Captain Paden, made a motion to amend the original motion, that it be approved as stated, provided that a masonry wall or decorative masonry fence of 5' in height be installed for the protection of adjacent property. Polled on the amendment: Yes, 8 No, 1 3 4/9/63 **** Polled on the ·original motion: Yes, 8 No, 1 Unfinished business. The Chairman requested the "study area" requested by the City Council, in reference to tabled Resolution No. 1778 of March 5, 1962, be placed on the agenda for the next regular meeting of the Planning and Zoning Board. The Chairman appointed the following committee for this study area: Myron Keys, Edward Vining, Jr., John Hardeman, Jr., Colonel C. R. Gibbs, and John Brau. There being no further business before the Board, the meeting adjourned at 10:40 p.m., upon motion duly made, seconded, and unanimously carried. Present: muTES OF THE REGULAR MEETING OF THE SOUTH M.l'!MI PLANNING AND ZONING BOARD, APRIL 30, 1963, AT CITY HALL A:r 8:00 P.M. Jack Stanton, Chairman John Brau, Vice Chairman Albert Corsiglia Sidney Efronson Thomas Foster C. R. Gibbs John Hardeman, Jr. Myron Keys Carl Paden Edward C. Vining, Jr. Harold Yakely Absent: None Ex Officio: R. C. Gammage By motion properly ~ade and seconded, the minutes of the regular meeting of April 9, 1963 were approved as individually read. *** Chairman Stanton read the Notice of Public Hearing on the application of Harry Seitlin, owner of Lots 22,23, Block 4, Franklin Subdivision, PB 5/34, for a variance on rear setback to allow the construction of a two-story apartment house. Location: 6520 SW 59 Place. Mr. Martin appeared for the applicant. There were no objectors. BOARD'S ACTION ON PUBLIC HEARING Re: Harry Seitlin Mr. Keys, seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to the City Council that the application of Harry Seitlin, m~er of Lots 22,23, Block 4, Franklin SubdiviSion, PB 5/34, for a variance to allow the construction of a two-story apartment house, be GRANTED. *** Polled -Yes 11 No 0 Chairman Stanton then read the Notice of Public Hearing on the application of the Shell Oil Company for a variance on the height of a pole sign. Location: 6480 South Dixie Hy. Mr. Gates of the Shell Oil Company appeared for the applicant. There were no objectors. BOARD'S ACTION ON PUBLIC HEARING Re: Shell Oil Company Mr. Corsiglia, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council that the application of the Shell Oil Company for a sign variance at 6480 South Dixie Hight,ay be DENIED. '1."** Polled -Yes 11 No 0 "lc*1: *** Chairman Stanton then read the Notice of Public Hearing on the application of C. 1:1. Fisher for a variance to permit open letters on an electric sign. Location: 5800 Sunset Drive Hr. Fisher spoke in his own behalf. There "ere no objectors. BOARD'S ACTION ON PUBLIC HEARING Re: C. W. Fisher Mr. Vining, seconded by Mr. Hardeman, moved that the Planning and Zoning Board recommend to the City Council that the application of C. VI. Fisher for a sign variance at 5800 Sunset Drive be DENIED. Polled -Yes 9 No 2 *** m'd: 'irlrl< Chairman Stanton then read the Notice of Public Hearing on the appli- cation of A. S. Forrest, agent for Remark Bell, owner of Lot 86, Block 16, Franklin Subdivision, PB 5/34, for a variance on lot size and frontage to allo," the construction of a duplex. Location: 6051-53 Sl:J 63 Street Hr. Forrest spoke in behalf of Hr. Bell. There were no objectors. BOARD'S ACTION ON PUBLIC HEARING Re: Remark Bell i1r. Brau, seconded by lir. Vining, moved that this application be TABLED pending further study of the plot plan and setbacks. Polled -Yes 10 No 1 *irl, **,~ *** lir. Stanton then read the Notice of Public Hearing on the application of the South Niami Hospital Foundation for variances of required parking and to allo," the construction of a seven-story addition to the present st~ucture. Location: 7400 SW 62 Avenue. 11r. George B. Thomson, attorney, appeared for the applicant. There were no objectors. BOARD'S ACTION ON PUBLIC HEARING Re: South Miami Hospital Foundation Mr. Vining, seconded by Mr. Efronson, moved that the Planning and -2- Zoning Board recommend to the City Council that the application of the South Miami Hospital Foundation for variances of required parking and to allo", the addition of a seven-story addition to the present structure be GRA~ITED. *** Polled -Yes 9 No 2 -Irlrlc The committee appointed to study the American TOVlnsites area - Mr. Keys, Chairman -submitted the following report: *** "It is recommended by the Committee that the Planning and Zoning Board recommend to the City Council that they enact an ordinance in reference to Section 20-22, paragraph (1) and Section 20-22.1, setting forth that every use permitted in the preceding RU zoning be permitted in C-l zoning." Mr. Keys, seconded by Hr. Vining, moved that the report of the com- mittee be adopted by the Board. '1'** Polled -Yes 10 Abstained 1 *** *** Mr. Foster, seconded by Mr. Brau, moved that the Planning and Zoning Board request the City Council to direct the City Manager to investigate the enforcement of the sign ordinance, particularly in cases of non- conforming signs , ",here no building permit has been issued; also the possibility of using police patrol cars to check the proper display of building permits at the sites during sign construction. Polled -Yes 11 No 0 *"'(* **-;'c *** Chairman Stanton announced that there will be a special meeting of the Planning and Zoning Board at 8:00 P.N. on Hednesday, May 29, 1963, to dispose of the backlog of hearings. *'''* *** ;,** There being no further business, by motion properly seconded, the meeting adjourned at 10:20 P.M. By: Carl Paden, Acting Recording Secretary Present: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD MAY 14, 1963, AT CITY HALL AT 8 P.M. Jack Stanton, Chairman John Brau Albert Corsiglia Sidney Efronson Thomas Foster C. R. Gibbs John V. Hardeman, Jr. Myron Keys Carl Paden Edward C. Vining, Jr. Harold Yakely Mr. CorSiglia, seconded by Mr. Brau, moved that the minutes of the regular meeting of April 30, 1963, be approved as individ- ually read. Motion carried unanimously. The Chairman thanked Mr. Paden for the minutes of April 30, 1963. **** The Chairman read the notice of public hearing on the appli- cation of Lee Roy Perry, owner of Lots 19, 20 Block 2, Pines Sub- division PB 13/2, for a variance on a non-conforming lot for the purpose of constructing a duplex. Required 60' frontage, 50' proposed, Variance 10'; 6000 sq ft land, proposed 4.500 sq ft. variance 1500 sq ft. Location: approx. 6150 SW 63 Street. The Chairman read letter of objection from J. F. Diehl of Square Deal Corporation. Present at the meeting was Lee Roy Perry on behalf of his application for variance, as housing is needed in this area. Mr. A. S. Forrest. agent for Mr. Perry submitted prints of the floor plans to the Board. Mr. Vining, seconded by Hr. Paden, moved t"at the Planning and Zoning Board recom.'11end to the City Council, tllat the petition as applied for be granted. Polled: Yes, 10 No, 1 John Brau, because of question of the zoned right of way 5/14/63 **** The Chairman read the notice of public hearing on the appli- cation of Lloyd Collier, agent for John L. Fryar, owner of W 50' of S 80' of N 186' of E~ of NW~ of mv~ of SE~ Section 25-54-40, for variances necessary to the construction of a single family residence. Required 5000 sq ft land, proposed 4000 sq ft, var- iance 1000 sq ft; required 7~' side setback, proposed 5', var- iance 2~'; 25' rear setback, proposed 19', variance 6'. Loca- tion: approx. 6081 SW 64 Terrace. The Chairman read letter of objection from J. F. Diehl of Square Diehl Corporation, on the grounds of too large a variance. Present at the m8eting was Lloyd Collier, agent for Mr. Fryar, on behalf of the application, stating reasons for the request. After full discussion, the following motion was made. Mr. Brau, seconded by r~. Vining, moved that the Board recom- mend to the City Council that the variance as to lot size only for construction of single fanily residence not to exceed 1000 sq ft be granted. Polled: Hotion carried unanimously **** The Chairman read the notice of public hearing on the appli- cation of Lloyd Collier, agent for Georgianna L. Donavan, owner of the E 50' of W 100' of N 105.5' less N 25' for road of E~ of NW~ of NW~ of SE~ of Section 25-54-40, for variances necessary to construction of a duplex. Required 60' frontage, proposed 50', variance 10'; 6000 sq ft land, proposed 4,030, variance 1970 sq ft; 25' front setback, p~opoped 22', variance 3'; 25' rear setback, proposed lO~, variance l4~'. Location approx. 6080 SW 64 Street. The Chairman re2d letter of objection from J. F. Diehl on the grounds variance is too large, making subdivision sub-standard. Present at the meeting was Lloyd Collier, agent for Georgianna L. Donavan, on behalf of ap~lication for variances, stating the present building has bGen condemned by the Building Department, and applicant wishes to build and improve the neighborhood. Mr. Will C. Bcncono of 115 Ocean Drive, has property immediately adjacent to the East, and SPOk8 in favor of this application. Present at the meeting was Rev. J. E. Hurray of Ht. Nebo Baptist Church with 27 members in opposition to variances being granted, as thereby creating a nuisunce. 2 5/14/63 • After a short discussion, Mr. Paden, seconded by Mr. Hardeman, moved that in view of the minor variance, the Board recommend to the City Council that application of Georgianna L. Donavan be granted. **** Polled: Yes, 8 No, 2 1 Abstained The Chairman read the notice of public hearing on -the appli- cation of Llyod Collier, agent for Mamie V. Brown, owner of Lots 35, 36 of Block C, Townsite of Larkins, PB 4/1, for variances necessary to the construction of a single family residence. Re- quired 5000 sq ft land, proposed 3,263, variance 1737 sq ft; 25' front setback, proposed 17'11", variance 7'1"; 25' rear setback, proposed 5', variance 20'; 15' side setback (corner),proposed 10'8", variance 4'4"; 7>" side setback (inside), proposed 5', var- iance 2>,,'. Location: approx. 6101 SW 67 Street. Mr. Collier spoke in behalf of the applicant, stating thw is a hardship case, as Mrs. Brown had complied with the Building Department and had the condemned building removed and now wishes to rebuild. After much discussion, Mr. Foster, seconded by Mr. Efronson, moved to table application, pending further study. **** Polled: Yes, 8 No, 3 The Chairman read tLle notice of public hearing on the appli- cation of Carl L. Lindgren, Jr., owner of the N 115' of E 165' of Tract 1, Larkins Forrest, £3 18/33, for a variance on rear set- back to allow a shopping center. Required setback 15', proposed None. Location 7400 Red Road. The Chairman read letters of objection from Elmear Chinn of 7400 SW 57 Court; Alleyne Nason of 5720 SW 74 Street, and Nellie Schulz of 7330 SW 57 Avenue. Present at the meeting was Carl J. Lindgren, Jr., on behalf of his application, stating it was a misinterpretation of the Building Department after the plans were completed; if Mr. Lindgren has to take a setback it will eleminate one store. Mr. Robert Hutchins spoke in favor of granting this variance, also Mr. A. Rifkin, owner of the Crossroad Building spoke in favor of applicant. 3 5/14/63 • Present at the meeting was David Popper, attorney, represent- ing Mr. Alleyne Nason whose property is adjacent west of this property. voiced his objections as depriving the people in the area, the use of their homes. There should be ingress and egress for proper deliveries to stores without invading the use of private homes. The plans could be redone to comply wi til requirements of the City. Mr. Brau, seconded by Mr. Efronson, moved that the Planning and Zoning Board recommend to the City Council, the application of Carl Lindgren be DENIED. **** Polled: Yes, 9 No, 1 1 Abstained Present at the meeting was Remark Bell, A. S. Forrest and others for consider~tion of tabled application (not on agenda) of Remark Bell for variance on lot size and frontage to allow a duplex. Mr. Foster, seconded by Mr. Brau, Remark Bell be removed from the table. moved -that application of Motio~ carried unanimously. After full discussion, Mr. Vining, seconded by Mr. Brau, moved to table application of Remark Bell pending further study. **** Polled: Yes, 10 No, 1 Consideration was then given to tenative Plat of Sunrise Estates Second Addition, owner A. D. Lewis. Chairman Stanton, seconded by Mr. Efronson, moved that the tenative plat of Sunrise Estates,Second Addition be approved as shown on the drawing. Motion carried unanimously. **** Mr. Yakely, seconded by Mr. Vining, adjourned. Motion carried unanimously. P.M. moved that the meeting be Meeting adjourned at 11:00 4 5/14/63 PtrnSENT: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD MAY 28, 1963 AT CITY HALL AT 8:00 P.M. Jack Stanton, Chairman John Brau Sidney Efronson Thomas T. Foster C. R. Gibbs John V. Hardeman, Jr. Myron Keys Edward C. Vining, Jr. Harold Yakely Albert Corsiglia Carl Paden Mr. Brau, seconded by Mr. Efronson, moved that the minutes of the regular meeting of May 14, 1963, be approved as individually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of George B. Thomson, agent for Walter E. Boyd, DVM, ten- ative owner of E 100' of W 275' of W~ of NE~ of NW~ of NW~ of Section 24-54-40, to allow an animal clinic. Present zoning C-l; Animal clinics require a C-3 zoning. Location -6420 Bird Road. The Chairman read a letter of objection from D. C. Fitzpatrick of 4117 SW 65 Avenue. Mr. Thomson was present and submitted a survey sketch of the property involved to each member of the Board. He showed photo- graphs depicting the character of the neighborhood. and submitted a rendering of the proposed property. He stated the granting of this application would provide a needed service to the northside residents of our City. Mr. Vining, seconded by Mr. Gibbs, moved that the Planning and Zoning Board recommend to the City Council that a special use permit be granted in accordance with the plans and rendering on record, s"igned by the Chairman, I'll". BraU and Mr. Keys. Polled: Motion carried unanimously 5/28/63 **** Mr. Brau, seconded by Mr. Efronson, made a motion to remove the application of Mamie Brown from the table. Motion carried unanimously. The Chairman had made a study of this property and talked with the owner and contractor. The Chairman had 3 sketches of the prop- erty which was passed among the Board members. Variances would have to be granted in order to build on this property. Mr. Keys, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council approval for a building permit, based on sketches which are identified by signature and date of the Chairman, Jack Stanton. The sketches to be made a matter of record. Polled: Motion carried unanimously. **** Mr. Brau, seconded by Mr. Yakely, moved that the application of Remark Bell be removed from the table. Motion carried unanimously. Mr. Brau, seconded by Mr. Keys, moved that the Planning and Zoning Board recommend to the City Council that application be approved on the plot plan and floor plan identified by signature of the Chairman, Jack Stanton. Polled: Motion carried unanimously. **** Mr. Foster, seconded by Mr. Hardeman, moved that the Planning and Zoning Board recommend to the City Council that the Zoning Ordinance be amended to require that the lot frontage requirement be measured at the zoned building line, rather than at front property line. This would insure fair spacing of houses in area where the side property lines are not parallel. Polled: Motion carried unanimously **** Mr" Foster, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council that an Ordinance be drawn and passed, requiring sidewalks, curbs and gutters on all properties that are developed as RU-4 sites. This would apply to apartment houses that are constructed after adoption of the ordinance by variance or special use permits or on property zoned RU-4. 2 5/28/63 Mr. Keys, seconded by Mr. Brau, moved to amend the motion to include RU-3 and RU-4B. Polled on the "2;":,,nd::tent: Motiof.l carriod unanimously. Polled on the motion as amended: Yes, 8; No, 1 There being no further business before the Board, Mr. Vining, seconded by Mr. Brau, moved to adjourn at 9:05 p.m.; motion carried unanimously. 3 5/28/63 · Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD JUNE II, 1963 AT CITY HALL AT 8:00 P.M. Jack Stanton, Chairman John Brau, Vice Chairman Sidney Efronson Thomas T. Foster Myron Keys Carl Paden Edward C. Vining, Jr. Harold Yakely Albert Corsiglia C. R. Gibbs John V. Hardeman, Jr. Mr. Paden, seconded by Mr. Efronson, moved that the minutes of the regular meeting of May 28, 1963, be approved as individually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of Nathan Jones, owner of Lots 31, 32 of Block A Resubdiv- ision of Blocks 3 and 4, Townsite of Larkins, PB 4/1, for variances to allow the construction of a single family residence. Required 25' front setback, proposed 15.71', variance 9.91'; Required 25' rear setback, proposed 15', variance 10'; Required 7~' side set- back, proposed 5', variance 2~'. Location -approx. 5965 SW 66 Terrace. The Vice Chairman read a letter from Mr. Jones stating the financing is now available to build his home, and should his re- quest be denied, it would place an extreme hardship upon his family. Mr. Keys, seconded by Mr. Zoning Board recommend to the of Nathan Jones be approved. Brau, moved that the Planning and City Council that the application Polled: Yes,S; No, 3 (No vote). Mr. Paden made a motion that this application be postponed until the next regular meeting. Motion failed for lack of a second. Mr. Vining, seconded by Mr. Efronson, moved to reconsider the application. Motion carried. 6/11/63 Mr. Vining, seconded by Mr. Yakely, moved. that the Planning and Zoning Board recommend to the City Council the application be approved for a one story building. Polled: Yes, 6; No, 2 Mr. Foster requested his "No" vote for the reason that the plan as submitted with variances as requested is asking for some- thing for which a building permit cannot be issued, be reflected in the minutes. **** The Vice Chairman read ti1e notice of public hearing on the application of Dellis N. Pamplin, Trustee for Lots 33, 34,35,36 of Block A Townsite of Larkins, PB 4/1, for variances to allow the construction of an apartment house. Required 8,000 sq ft land, proposed 6,175, variance 1,825 sq ft; Required 25' front setback, proposed 19'10", variance 5'2"; Required 25' rear set- back, proposed 15', variance 10'. Location 6636 SW 59 Place. Mr. David Phillips and Dellis N. Pamplin were present and Mr. Phillips spoke in behalf of their request. The present apart- ment building was condemned and the owners were advised the exist- ing building should be torn down rather than repaired. They will build a nice 6 unit apartment house and donate 5' on the side and 5' on the front to the City, if their request is granted. Mr. Vining, seconded by Mr. Efronson, moved that the Planning and Zoning Board recommend to the City Council, the variances be approved, based on plans submitted and identified by signature and date of the Chairman. The plan to be made a matter of record. Polled: Yes, 6; No, 2; Mr. Paden's "No" vote to reflect he is opposed to any further increase in the density. **** The Vice Chairman read the notice of public hearing on the application of Ernest C. Edinger, owner of Lot 7 Block 1 of Sunset Villas, PB 15/42, for variances to permit tcle construction of a duplex. Required 100' frontage, proposed 50', variance 50'; Required 10,000 sq ft land, proposed 6,987, variance 3,013 sq ft. Location 7231 SW 63 Court. The Chairman read letters of approval from R. T. Spengler of 7243 SW 63 Court and Irene L. Briner of 7223 sw 63 Court. 2 6/11/63 Mr. Edinger of 8455 SW 45 Street was present and spoke in behalf of his application, and presented a plan to the Board to be made part of the record. There are duplexes on each side of the property he owns. He formerly lived in South Miami and plans to move back to the City. Mr. Brau, seconded by Mr. Yakely, moved that the Planning and Zoning Board recommend to the City Council the approval of the application as requested. Polled: Motion carried unanimously. **** The Vice Chairman read the notice of public hearing on the application of Louis I. Brooks, owner of Lot 8 Block 12 of Cocoplum Terrace, Addition Part 4, PB 58/62, for variance to ex- tend awning carport 10' in front of the front building line. Location -6400 Svl 64 Avenue. The Chairman received a petition signed by 12 neighbors in favor of the variance. Approximately 10 people were present and voiced approval of the variance being granted. No objectors were present. Mr. Paden, seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to the City Council, a Special Use Permit be granted for the existing canvas covered car shelter. Polled: Yes, 7; No, 1 -Mr. Keys, because no permit was obtained and it is in violation. **** Mr. Brau, seconded by Mr. Keys, moved that in clarification of the matter of American Townsites and that area bounded by 59 Avenue on the East, 62 Avenue on the West, 76 Street on the South and US #1 Highway on Northwest; it be so noted that the Board out of committee, recommends to the City Council that the zoning remain as is. Polled: Yes, 6; No, 1; Abstained, 1. There being no further business before the Board, Mr. Efronson, seconded by Mr. Vining, moved to adjourn. Motion carried. Meeting adjourned at 9:25 P.M. 3 6/11/63 Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD JUNE 25, 1963, CITY HALL AT 8:00 P.M. Jack Stanton, Chairman John Brau, Vice Chairman Sidney Efronson Thomas T. Foster Myron Keys Carl Paden J. C. Shaw Edward C. Vining, Jr. Harold Yakely Albert Corsiglia C. R. Gibbs Mr. Paden, seconded by Mr. Keys, moved that the minutes of the regular meeting of June 11, 1963, be approved as individually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of Matson G. O'Neal, Jr., owner of Lots 8, 9, 10, 11 of Poinciana Park, PB 41/41, for a change of zoning for the purpose fo constructing an office building. Present Zoning RU-l; proposed C-l. Location -approximately 7301 SW 62 Avenue Present at the mee~~ng at this time was Mr. O'Neal, owner of property at 7301 SW 62 Avenue, in the interest of his application, and stated he spoke to the neighbors in the area, and no one had any objections to construction of an office building. Mr. Reynolds, owner of Lot 19, adjacent to the proposed con- struction, wished to go on record he was not opposed to an office building, but wished to be enlightened regarding the C-l zoning, and also asked to see the submitted plans. Mr. Efronson, seconded by Mr. Paden, moved that the Planning and Zoning Board recommend to the City Council that a Special Use permit be granted for the construction of a 2 story office building, based on the Sketches submitted, which are identified by signature and date of .the Chairman, Jacl< Stanton. Polled: Yes, 8 No, 1 6/25/63 -- **** Mr. Corsiglia had requested a 30-day leave of absence, due to illness. Mr. Brau, seconded by Mr. Yakley, moved that leave of absence be granted, retroactive to June 11, 1963. Motion carried unanimously. **** The appointment of a nominating committee for the annual election of Chairman and Vice Chairman to be put on the agenda for the next regular meeting. **** With reference to the sign ordinance, Mr. Keys advised the Board that the Shell Oil Company sign has been changed, but he Texas Ranger sign has not been changed to date. The above information to be recorded in the minutes. **** There being no further business before the Board, meeting adjourned at 9:05 p.m., upon motion duly made, properly seconded, and carried. 6/25/63 """"")-,~---"-" .r, -~ ~------ From: To: SUBJECT: \ -)' '-~---'"":~-">-, ... --. ......,~'~,~:.;--'-:',~''7'.' ----.,..,--,----.--2:5~ l'fJEMORANDUM City Council of City of South Miami Planning and Zoning Board June 25, 1963 mc Replies thereto -recommendations of Planning and Zoning Board submitted to Council on April 30, May 28, and June 11, 1963 #1 Re: American Townsites City Attorney Hardie will draw an ordinance to clarify this matter and will forward same to the Planning and Zoning Board. It is now in the mill. #2 Re: Sign Ordinance This is strictly an administrative matter, and will be handled by the City Manager. #3 Re: Lot frontage requirements This should come before the Board to be handled on an individual basis for variance. #4 Re: Sidewalks, curbs and gutters This should be by regular improvement districts, so as to develope whole areas for uniformity. Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD JULy 30, 1963, CITY HALL, AT 8:00 p.m. Jack Stanton, Chairman John Brau Thomas T. Foster C. R. Gibbs Myron Keys Carl Paden J. C. Shaw Edward C. Vining, Jr. Harold Yakely Albert Corsiglia, with permission Sidney Efronson Mr. Brau, seconded by Mr. Vining, moved that the minutes of the regular meeting of June 25, 1963, be approved as individually read. Motion carried unanimously. **** The Chairman read the nO"Cl.ce of public hearing on the appli- cation of Catherine Loomis, owner of Lot 29, Grandview Park, PB 49/82, for a variance to permit installation of outside door to den and bathroom which is being constructed by enclosing existing carport. Lvcation, 5357 SW 67 Avenue. Present at the meeting at this time was Catherine Loomis, owner, who explained the need for this variance was the access to these and other rooms under her handicap condition. Mr. Edgar Shafer of 5405 SW 67 Avenue spoke in favor of granting this variance. No letters of objection were received, and no objectors present at the meeting. Mr. Vining, seconded by Mr. Foster, moved that the application be approved as requested. Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of Samuel Goldstein, owner of the E 143.40' of Tract 3, Nelson Homesites, PB 39/57, for a change of zoning to allow the construction of a single family residence. Requirements -EU-l an Acre; proposed EU-lA half-acre. Location, approx. 6800 SW 67 Street. Present at the meeting was Samuel Goldstein, owner of the property, who spoke on behalf of his petition, stating the area to the .. South is now ~ acre, and the area to the west is developed in less than ~ acre. No dedication of this property has been made by Mr. Goldstein, 7/30/63 however, Mr. Goldstein stated he would make the required dedication, which would then be less than ~ acre, but he would have 2 lots 143' wide and 140' deep. That most of the so-called ~ acres are 125' wide and 135' deep. Mr. Keys advised Mr. Goldstein he would not be complying with the Ci·ty' s ~ acre zoning. Dr. J. B. Bynne, present at the meeting, spoke in objection to rezoning, under the circumstances of smaller lots. Judge Floyd of 6800 SW 68 Street and Mrs. E. B. Carey of 6830 sw 67 Street stated objections to the proposed rezoning. Mr. Foster, seconded by Mr. Yakely, moved that the Planning and Zoning Beard recommend to the City Council, that the application of Mr. Goldstein be denied, based on the character of the neighborhood, being established by an acre or more north and south of 68 Street. After much discussion, Mr. Keys, seconded by Mr. Vining, moved that the matter be tabled for further study, Mr. Foster and Mr. Yakely withdrew the motion for denial. Polled on motion to table: Yes, 7; No, 2. **** The Chairman read the notice of public hearing on the appli- cation of First Baptist Church of South Miami, tentative owner of the N~ of SE~ of SE~ of SE~ of Section 26-54-40 and the E 155' of W 340' of S~ of SE~ of SE~ of SE\ of Section 26-54-40, for a change of zonin~ to permit the construction of a church. Present Zoning 5 acres on SW 67 Avenue, along sw 67 Avenue is EU-l and the rear is EU-IA; 1.2 acres along Sunset Drive is EU-l; proposed RU-3. Location 7050 SW 67 Avenue and 6751 Sunset Drive. Present at the meeting at this time, was Chester Abney of 8300 SW 62 Avenue, who spoke in behalf of the applicant. Mr. Abney stated the Church does not require an RU-3, if a variance was granted, as they want to build a church and tenative plan provides for 177 parking spaces for membership of 780 people. Approximately 75 people appeared in objection to rezoning of property, and the following people were heard: Mr. Alvin, 1559 Trevens; Mr. J. Stamm, 6740 SW 69 Terrace; Mr. H. Chauser, 6760 SW 69 Terrace; Mr. W. Lippman, 6780 SW 69 Terrace; Mr. L. Kalish, 6700 SW 69 Terrace; Judge Floyd, 6800 SW68 Street; Dr. Schecter, 6821 SW 69 Terrace; Mrs. Higgins, 6860 SW 68 Street; Mr. C. Kelly, 6951 SW 68 Court; Mrs. A. Abbess. 6721 SW 69 Terrace; Mrs. George Neuberger, 7840 SW 71 Avenue; Mrs. E. Mirman, 6810 SW 69 Terrace; Mrs. L. Levelli, 6781 Sunset Drive; Mrs. DenbEeiijen, 6931 SW 68 Court; Mr. Max Glassburn, 7029 SW 68 Court; Mr. Arthur Seitzler. 6781 SW 68 Terrace; Mr. W. Smith. 6761 SW 69 Terrace; Mr. A. Jenkins, 7/30/63 6780 SVJ 68 Terrace; Mrs. S. M. Martin, 6760 Sunset Drive; The consensus of objections being the parking would adversely affect the surrounding area; decrease in property valuation; traffic hazards being created; the danger involved to pre-school and school children in the area. Mrs. Martin objected to change of zoning only, she would not object to a variance being granted, similar to variances gran-ted to University Christian church. Mr. Brau, seconded by Mr. Foster, moved that the Planning and Zoning Board recommend to the City Council tl;at subject property in this hearing be granted a Use Variance permit, excluding 180 days, granting lS mcnths, providing that walls consistent with the RU-S zoning be placed along with landscaping all abutting property lines. Mr. Foster, seconded by Mr. Brau, moved to amend the motion, for requirement of paved sidewalks on Ludlam and Sunset Drive, as a safety measure. Polled on the amendment: Yes, 8; No, 1 Polled on the motion as amended: Yes S; No, 4. Mr. Yakely, seconded by Mr. Stanton, moved to table the matter for further s-cudy. Polled: Yes, 7; No, 2. **** Tenative plat of Sunrise Estates, Third Addition was submitted to the Board for approvai. Mr. Brau, seconded by Mr. Keys, moved that the Planning and Zoning Board recommend to -the Ci-ty CounciL approval be granted on tenative plat of Sunrise Estates, Third Addition. Polled: Motion carried unanimously. **** The Chairman read the letter to the City Manager dated July IS, 1963, from George F. Root, Jr., representing Dr. Fortner with reference to parking spaces for Fortner Clinic Building. After a short discussion, Mr. Brau, sec .~nded by Mr. Vini ng, moved that the Planning and Zoning Board recommend to the City Council approval as submitted for ten parking spaces. Polled: Yes I 6; No, 3 .. **** The next item on the agenda was request of opinion of the Board regarding zoning and platting of certain section of Sec. 2 -S4-40, Craig property. 3 7/30/63 • The Chairman stated since Mr. Craig has already made appli- cation for public hearing, there is no action for this Board to take on this matter. **** The Chairman appointed a committee to study the area of Parcel #7, annexed property, which includes Goldstein property and Craig property. Mr. Gibbs was appointed Chairman of the Committee, together with Committeemen Myron Keys and J. C. Shaw. The Clerk was directed to furnish the committee description of the area involved together with drawings. **** The election for Chairman and Vice Chairman of the Planning and Zoning Board was held at this time. The nominating committee submitted the n~mes to the Board, being no further nominations from the Board, Mr. Keys, seconded by Mr. Foster, moved that the nominations be closed. Motion carried. Mr. Corsiglia sent in a sealed vote. Jack Stanton was elected Cahirman by a unanimous vote; John Brau was elected Vice Chairman by an overwhelming vote. **** Meeting adjourned at 11:15 p.m. upon motion duly made, properly seconded and carried. 4 7/30/63 Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD AUGUST 13, 1963, CITY HALL, AT 8:00 p.m. Jack Stanton, Chairman John Brau Sidney Efronson Thomas T. Foster Myron Keys Carl Paden J. C. Shaw Harold Yakely Albert Corsiglia, with permission C. R. Gibbs Edward Vining, Jr. Mr. Yakely, seconded by Mr. Brau, moved that the minutes of the regular meeting of July 30, 1963, be corrected to read motion of Mr. Vining, seconded by Mr. Paden, to deny without prejudice the application of Fisst Baptist Church, previous to motion to table. Minutes were then unanimously approved as corrected. **** The Chairman read the notice of public hearing on the appli- cation of E. L. Cotton for variance to display a real estate sign on Lot 14 Block 1, Larkins Pines, approximate location 6161 South Dixie Highway. Present at the meeting at this time was E. L. Cotton, Jr., who stated they wished to sell this property of six lots and would appreciate the opportunity to permit this sign for a short time. He also wished to change his application to permit a sign of 16 square feet, similiar to the size the City uses advertising the notive of hearings. No objectors or letters of objection were received. Mr. Foster, seconded by Mr. Efronson, moved that the Planning and Zoning Board recommend to the City Council, that the application of E. L. Cotton be granted for one 16 square foot sign for a period 'of 6 months. Polled: Yes, 7; Absta.i.ned 1 **** The Chairman read 'the notive of public hearing on cation of Gordon M. Albury, Jr., agent for J. A. King, Lot 11 Block 7, Merion Park Manor, 2nd addition, for a the appli- owner of variance to 8/13/63 erect a fence. Zoning requirements 5' fence inside front set- back area; proposed 6' fence, location 6841 SW 66 Avenue. Present at the meeting at this time was Mr. Albury, agent for Mr. King, who spoke in behalf of his application that this fence would insure visual privacy to the owner and neighbors; it was not meant to intrude upon neighboring residents, and would not cut down on the breezes. No objectors present and no letters of objection received. Mr. Brau, seconded by Mr. Yakely, moved that the Planning and Zoning Board recommend to the City Council this request be denied. Polled: Yes, 3; No, 5. Mr. Efronson, seconded by Mr. Foster, moved the the Planning and Zoning Board recommend to the City Council that the variance as requested by Mr. King be granted. Polled: Yes, 3; No, 5. After a lengthly discussion, Mr. Foster, seconded by Mr. Efronson, moved to table this matter. Polled: Yes, 7; No, 1. **** The Chairman read the noti~e of public hearing on the application of Ross Industries, Inc., owner of the N 151.07' of E 305' and the S 135' of Tract 2, Palm Miami Heights, for a variance to permit the construction of apartments. Location approx. 7720 SW 62 Avenue. Present at the meeting at this time was Mr. Hugh Carrier, representing Ross Industries Inc., Mr. Ross and Mr. Klebba, all spoke in behalf of the petition for a two-story apartment building with 42 units. This area is black-topped with dimensions of 151.07' by 305', presently zoned RU-l with a variance for parking facilities when the shopping area was built. It has since been determined there is very little parking there being "used for this shopping area. They are not permitted to have lights there and this area is sometimes used as a "lovers lane." An apartment house would be an improvement to the area and act a s a buffer between rear of shopping center and residential area on the south. There is adequate parking and parking will not be in front of the building. Mr. Frank Tipton who lives directly across from Food Fair inquired if servicing trucks for this shopping center would use the rear of this shopping area, and was informed the entrance would remain the same, therefore Mr. Tipton had no objection. After much discussion by Board members, Mr. Brau, seconded 2 8/13/63 I by Mr. Efronson, moved to table this matter for further study. Polled: Motion carried unanimously. The Chairman appointed a committee of two, Mr. Brau and Mr. Yakely, to study this matter. **** The Chairman read the notice of public hearing on the appli- cation of Raymond Craig, owner of a portion of SW~ of SE~ of NE~ and a portion of that part of the SE~ of SW~ of NE~ lying east of FEC Railroad R/W all in Section 26-54·-40, for a change of zoning. Annexed property, County zoning EU-l; proposed RU-l single family. Present at the meeting at this time was Mr. Craig, owner of the property, who spoke in behalf of his request and ask for rebuttal privileges to any objectors. The following objectors were heard: Mr. Bob Bookbinder of 6845 SW 64 Street, his property in on an acre and if this change of zoning is permitted he will be surrounded on three sides, when he bought this property, the plan for the 5 acres around this property was for one acre estates. The area is predominately acre estates. Mr. Robert Asti of 6800 SW 64 Street whose home is If directly across the street from the proposed rezoned property. this change of zoning is granted, it would completely emasculate the orderly process of zoning; the mere economic gain to the owner of the prope~ty in question is not sufficient reason to effect the rights of property owners who rely on the existing zoning. Mr. Albert Holbert of 6974 SW 64 Street is strongly against a change of zoning for this neighborhood. also speaking for Mrs. Nelson, a property owner. Mr. Yohn of 6440 SW 69 Avenue, lives 150' from the property, did not receive notice of hearing. Built home 3 years ago, strenously objects to change of zoning. Mr. Roberts 6900 SW 64 Street, directly across the street, had bought property from Mr. Craig and the understanding was this was one acre zoning and moved here for that purpose. Objects to any change of zoning for this area. Mr. Andrew Asmussen of 6901 SW 66 Street, came down from the County for this one acre zoning and wishes it to remain so, bought property from Mr. Craig with this understanding that it was one acre zoning. At this time tLe Chairman read the two letters of objection; from R. F. Cook, Director of Metropolitan Dade County Building Department and Mr. Robert Asti. Mr. Craig then spoke in rebuttal, he did not sell to Mr. Bookbinder but to a Mr. Stafford, wLo in 'curn sold to Mr. Bookbinder. 3 8/13/63 With reference to Mr. Asti comments, Mr. Craig bought his property in 1946 when it was zoned for agriculture and believes he has the same rights as when he bought the property. Mr. Craig did sell to Mr. Roberts and this transaction was handled thru the builders. The other people Mr. Craig believes are outside the 300' radius of notification. Mr. Hobart stated his property is definitely within 300' of this property. After much discussion, Mr. Foster, seconded by l>1r. Yakely, moved tha"i: the lanning andoning Board recommend to the City Council tha"i: th~s applica"i:ion for change of zoning be denied without prejudice. Polled: Motion carried unanimously. **** Mr. Paden, seconded by Mr. Efronson, moved that the tabled application of Samuel Goldstein be removed from the table. Polled: Yes, 4; No, 4. Application remains on table. Mr. Brau, at this time asked that the report of t;1e committee be given. The recommendation of the committee to the Board is that RUIA north of Hardee Road (64 Street) and!2 acre estates south of Hardee Road (64 Street) in this #7 area. This report will be given to the Council with the recommendation that a public hearing be called for this area, at which time the property owners will be notified. Mr. Brau, seconded by Mr. Efronson, moved the report be accepted. Yes, 7; No, 1. Mr. Brau, who had requested to go out of order to take up this matter of the committee, suggested they proceed with tabled item B, First Baptist Church, The Chairman read a letter of objection from Mr. and Mrs .. Allan Abess. Several_members:,of the Board have been contacted by telephone in objection to ·the construction of the church. Mr. Brau, seconded by Mr. Keys, moved to remove the tabled without prejudice application of the First Baptist Church from the table. Polled: Motion carried unanimously. After a very lengthly discussion, Mr. Efronson, seconded by Mr. Yakely, moved this matter be tabled for further study. Polled:··Yes, 6; No, 2; The Chairman appoin"i:ed a committee of Mr. Efronson, Mr. Yakely, and the Chairman, Mr. Stanton for this study. Ll· 8/13/63 **** Mr. Foster, seconded by Mr. Brau, moved tha"t the Planning and Zoning Board recommend to the City Council that the sign (one) ordinance for commercial area of "for rents, leases, etc." be changed to permit size of 16 square feet. Polled: Yes, 8; No, O. **** The Chairman requested the Zoning Bulletin be furni~ed to the members of the Planning and Zoning Board. Upon information from the City Manager it was decided that thermofax copies would suffice, and one original to be kept for records. The Clerk will see that these bulletins are received by the members, and original kept for records. **** Mr. Keys stated the 0' Br ien Realty moved into "the old Carrie Lawrence building corner 73 Sot and 59 Avenue and that their are 8 and 10 cars parked on the grass. Does he have a permit for occupancy? The Chairman requested Mr. Gammage to have a report on this at our next mee"ting. regarding this parking on unpaved area. **** The Chairman appointed a committee for t;1e next active area of the annexed area, for study. and asked the City Manager what parcel should be next. The City Manager replied that after #7, probably be #2. It was suggested to combine area #1 and @. Mr. Foster was appointed Chairman of this committee together with Mr. Paden and Mr. Efronson. Report to be made to the Board with- in two weeks. Meeting adjourned at 10:40 p.m. upon motion duly made, properly seconded and carried. iiI Present: Absent: **** MINU'IES OF THE :;<:':GiJLAR MEETING OF THE SOUTH ~lIAMI PLANNIllG AND ZONING BOARD AUGUST 27, 1963, CITY HALL, AT 8:00 p.m. John Brau, Vice Chair;:aan Sidney Efronson Thomas T. Foster C. R. Gil:obs Myron Keys Carl Paden Ed·,vardC. Vining, Jr. Harold Yakely Albert Corsiglia, vii th permission J. C. Sh"'"'l Jack Stanton, Chairman Mr. Paden, seco::as,i by IJ::.:. I':fronson, moved that the minutes of the regular meeting of A~g~st 13, 1963, be approved as individually read. Polled: IJ:otion carried unanimously. **** The Chairman read the notice 0= Fublic hearing on the appli- cation of Elizabeth G. Dorosh, o':mer of Lot 2 Block 5, Twin Lakes Manor, PB 57/54, for", variance on north side setback to permit building a roof over 2n existing walled-in-storage area. Location 5621 Twin Lakes Drive. :;<equired 7.5'; proposed 3.1' Mrs. Dorosh, present at the meeting at this time, spoke in behalf of her petition, stated this would improve the appearance of the property. No objectors present, and no letters of objection were received. Mr. Foster, seconded by Mr. ~Iakely, moved the Planning and Zoning Board recom:nend denial cj the application of Mrs. Dorosh, as the existing wall ?rea is extremely close to property line, and no hardship has becn shown. Mr. Vining urged the Board to defeat this motion, as the walls were built before purch2sed by I·irs. Dorosh and very unsightly from the canal side. After much di'1cuGsion, the original motion was polled and defeated, Mr. Vining, seconc':ed:0y l·rr. Bfronson, rooved that the application be approved as applied for, and the Board recommend to the Council the application of Hrs. Dorosh be granted. Polled: Yes, 6; No, 2. 8/27/63 **** Approximately 17 people were present, and due to an article in the local newspaper in reference to a hearing, the Chairman asked if any person had matters for ·the Board. Mr. Carl Gluck asked about the committee report on the application of the Baptist Church, stated he came to the meeting upon the report in the paper. He stated the City Council and the Planning and Zoning should make an effort to have the people properly informed. The Chairman advised the application of the Baptist Church was a tabled item and there would be no public hearing on the matter at this meeting. **** Mr. Foster, seconded by Mr. Keys, moved the tabled application of J. A. King be removed from the table. Motion carried unanimously. Following a short discussion, Mr. Foster, seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to the Council, that the application of Mr. King be approved. Polled: Yes, 6; No, 2. **** Tabled application of Samuel Goldstein remains on the table, until the public hearing is held on Parcel #7, September 10, 1963, which covers 'che same area. **** The committee report on ·tabled application of the Baptist Church was not available for this meeting, due ·to illness of the Chairman of committee. Report will be made at the next regular meeting, September 10, 1963. **** The Chairman read the committee report on the annexed areas #1 and if2 parcels, as follows: CO~~ITTEE REPORT The committee appointed by Jack Stanton, August 13, 1963 consisting of Carl Paden, Sid Efronson, and Tom Foster, met August 17, and toured annexation area 'i·n whose approximate boundaries are: East -57 Avenue West -58 Avenue North -8 i l· Terrace South -86 Street and annexation area #2 whose approximate boundaries are: East -60 Avenue West -62 Avenue 2 North -82 Street South -84 Street 8/27/63 (committee report continued) The committee also studied the zoning map of the adjoining area. The committee finds both of these annexation areas are con- tiguous to RUIA areas. Most of the residential development in these annexation areas is of an RUIA nature. The committee recommends that a public hearing be held and further recommends that annexation areas 1*1 and jn be rezoned from interim zoning to RUIA. Respectfully submi·tted, /s/ Tom Foster, Chairman /s/ Carl Paden /s/ Sidney Efronson Mr. Yak ely , seconded by Mr. Vining, moved the Board accept the report of the committee. Polled: Motion carried unanimously. Mr. Foster, seconded by jvlr. Keys, moved the Planning and Zoning Board submi~c ·chid report to the City Council. POlled: Motion carried unanimously. **** Mr. Yakely, seconded by Mr. Efronson, moved that the tabled application of Ross Industries, Inc., be removed from the table. Polled: Motion carried unanimously. The Chairman then read the following letter addressed to the Chairman, dated August 15, 1963 and signed by Raymond A. Ross, Jr. Enclosed please find three copies of a revised plot plan showing ·the tract labelled "A" which is the subject of our previous request for zoning variance. You will note that this tract has dimensions of 135.0 feet frontage on S~] 62 Avenue, and a depth of 305.0 feet. This is tendered in accordance with your request for a revised legal description to reflect only the property which we anticipate conveying to Frank Klebba, which is: "The south 135.0 feet of the north 151.07 feet of the east 305.0 feet of Tract 2, according to amended plat of Palm Miami Heights, according to plat thereof recorded in Plat Book 38 at page 52." 3 8/27/63 After a short discussion, Mr. Yakely, seconded by Mr. Brau, moved that -the Planning and Zonins Board recommend to the City Council, that the application of Ross Industries, Inc. be approved. Polled: Motion carried unanimously. **** The final plat of Sunrise Estates Third Addition was submitted by A. D. Lewis to the Board for approval. After verification that no changes were made since the tenative plat of Sunrise Estates Third Addition was submitted and approved by the Board on July 30, 1963, 11r. Efronson, seconded by Mr. Yakely, moved that the Planning and Zoning Board recommend to the City Council, the Sunrise Estates Third Addition plat be approved. Polled: Motion carried unanimously. ** .. <r* Mr. Gammage told -the Board he had made a report on the 0' Brien matter with reference to the building on the corner of 73 Street and 59 Avenue, to the Adminis-i:ra-tive Department, as -this is a matter for that Department. **** Discussion on executive and non-executive meeting was held at this time, and the consensus of opinion was to continue the existing procedure. *"k** The Chairman remarked there would be a monthly meeting of the South Miami chapter of the Florida Planning and Zoning Association at Toby's Cafeteria, North 5~ Street on August 28, and would appre- ciate it if any of the members could attend to represent South Miami. **** The Chairman stated the Dade County Zoning Ordinance can be purchased for $8.00 and he would like to recommend to the City Council_ that the City of South Miami have Zoning ordinance printed and made available to the public for the price of printing and handling. The recommendation was seconded by Mr. Gibbs, and carried unanimously. **** There being no further business before the Board, meeting adjourned at 9:15 p.m., upon motion duly made, properly seconded, and carried. ~ 8/27/63 Present: Absent: ~HH:~-;:- MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD SEPTEMBER 10, 1963 AT CITY HALL AT 8 p.m. Jack stanton, Chairman John Brau Thomas T. Foster C. R. Gibbs Myron Keys Carl Paden J. C. Shaw Edward Vining, Jr. Harold Yakely Albert Corsiglia (with permission) Sidney Efronson Mr. Brau, seconded by Mr. Yakely, moved that the minutes of the regular meeting of August 27, 1963, be approved as individually read. Polled: Motion carried unanimously. -::-~:-::--::- The Chairman reversed item E 0 the agenda, in the interest of the people present, and read the notice of the scheduled notice on Parcel #7 for initial zoning of that area. The recommendation '~V~Eeald-that the area North of Hardee Road should be RUIA, and u~ that the area South of Hardee Road should be one half acre estates. At this time, pr[sent at the mectin~ W]S Samuel Goldstein, 6815 SW 69 Terrace, wished to go on record in favor of the recommendation for the area South of Hardee Road for one-half acre estates. Mr. Raymond ~. Craig of 6999 Hardee Road Helen Pennock of 6775 Hardee Road spoke in behalf of the recommendation. The following objectors spoke before the Board: Mr. Robert Asti, who read his letter of objections and filed with the Board 2 petitions one with 15 objectors and one with 12 objectors. Mr. Asti was also authorized to represent Mr. Bookbinder as objecting to change of zoning. from an economic and aesthetic point of objection. Mr. Yohn 64~.0 Sd 69 Avenue concerned with the recommended zoning on North side of Hardee. Mr. C. E. Morris of 6250 SH 67 Avenue, has Ii acre and moved there because it WaS zoned for acerage. At the time the public hearing Was held for annexation, Mr. Morris inquired at that time if taken into the City would property be rezoned, and Council assured him that was not the intention. He strenously objects to rezoning of thE area, because of density. Mr. Sirkis of 6700 S\~ 64 Street, that when he bought this property the deed clearly said that this 2 acre plot would only be used for one family res::.dence. Mr. Andrew Asmussan of 6901 sw 66 street wishes to go on record he concurs with Mr. Asti for the same reasons. 9/10/63 Mr. Craig of 6999 SW 64 street in rebuttal stated no arrange- ments with Mr. Bookbinder, as property had been sold to a Mr. Stafford from whom Mr. Bookbinder purchased said property. Mr. Foster, seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to City Council that the area South of Hardee be zoned EU-I. Polled: Motion carried unanimously. Mr. Keys, seconded by Mr. Shaw, moved that the Planning and Zoning Board recommend to the City Council that the area North of Hardee Road be zoned RUIA. Mr. Brau, seconded by Mr. Yakely, moved to amend the motion to read, that area fronting on Hardee Road be zoned EUIA, one lot deep, as a buffer. Polled on the amendment: Polled on the motion: ·;i--;:·-;H:- Yes, 6; No, 1 -2 No vote Yes, 6; No, 3 The Chairman read the notice of public hearing on the a';plication of S. M. Greene, owner of Lot 74 Block 13, Franklin Subdivision, PB 5/34, for variances to permit the construction of a duplex. Mr. Collier, representinc Mrs. Greene spoke in behalf of the petition. After discussion, Mr. Vining, seconded by Mr. Brau, moved to table this application for further study, and the Chairman will contact the owner and contractor regarding possible changes. ·;H:-~H~ The Chairman read the notice of public hearing on the application of Mrs. Marvin Sokolow, tentative lessee, of store located on Lots 25, 26, Block 11, Townsite of Larkins, PB 2/105, for a variance to allow a second-hanc-' store at 6843-45 Sil,j 59 Place. Pre sent C-2 location second-hand store requires a C-3. Mrs. Sokolow spoke in behalf of her petition, stating this would be a Thrift Shop, operateo_ by a non-profit orfanization, the Chrildren's Asthma Research Institute and Hospital, Breath of Life Chapter of Miami, the shop would be run by volunteers from this Chapter. All merchandise will be inside the store. Mr. Vining, seconded by Mr. Keys, moved that the Planning and Zoning Board recommend to the City Council that a special use permit be issued to the local chapter (Breath of Life) of this organiz~tion; to be revoked if the use is not continued by the same organization. Polled: Motion carried unanimously. ~HHH:- The Chairman read the notice of public hearing on the application of Acolite Sign Co., agent for Ross Industries,Inc. owner of Tract 1, Palm Miami Heights, for a variance to allow the erection of an electrical sign at 6280-6272 South Dixie Highway. After a short discussion, an, failure ot two motions, this matter is deferred until the next regular Planning a~d Zoning Board meeting. 9-10-63 ·:HH:··:~· The Chairman read the notice of public hearing on the application of Chester N. Rotter, owner of W SO' of Lot 4 Block 4, Fairglade Park Subdivision, for a variance to allow the construction of an acces sory building at 57S') ST-j 77 Terrace. Present at the meeting at this time WaS Dr. Rotter who spoke in behalf of his application. This building to be used for storage of lawn mowers and equipment of this type. Letter from Mr. and Mrs. Edward J. Stys of 5712 SH 77 Terrace has no objection to granting of this variance. No letters of objection were received and no objectors present at meeting. Mr. Vining, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council that the variance be granted as applied for. Polled: Motion carried unanimously. ·:HH:·~:- The next item was the consideration of application Goldstein. Mr. Yakely, seconded by Mr. Keys, moved to tabled application of Samuel Goldstein from the table. Motion carried_ unanimously. of Samuel remove the Polled: After a short discussion, Mr. Brau, seconded by Mr. Keys, moved that the Planning and Zoning Boa~d recommend to the City Council that the application of Samuel Goldstein be denied without prejudice. Polled: Motion carried unanimously. ·;:-";:··;H:· The next item for consideration Was the application of the First Baptist Church. Mr. Yakely, seconded by Mr. Foster, moved to remove from'the table~the application of the First Baptist Church. Polled: Motion carried unanimously. Mr. Brau called for the report of the committee at this time. The Committee report was read as follows: COMMITTE"; REPORT ON BAPTIST CHURCH A,PLICATION The committee was appointed by Chairman Stanton, August 13, 1963, consisting of Mr. Stanton, Mr. Efronson and Mr. Yakely to study the application of the First Baptist Church of South Miami, Florida, for a change of zoning to permit the construction of a church activity on an "L" shaped parcel of land located at approsimately 7050 Sj 67 Avenue and 6751 Sunset Drive, South Miami, Florida, consisting of six (6) acres, more or less, of which the church is the potential owner. Due to th~ -absence of Mr. Efronson, Mr. Stanton appointed Mr. Brau as substitute member. The committee met with the church Pastor and six members of the Church. The views of the objectors were ascertained from Mr. Stamm. Present zoning of abutting property is EU land/or EU lAo 3 9-10-63 After investigation of the facts and consideration of the objections to the proposal of the church, the committee feels that any chan: e of zoning, use variance cmd/or use permit should be subject to the followin[ restrictions and/or canditions. 1. A solid masonry wall of at least 5 feet in height be pro- vided along the North boundary, the SOl'th boundary along the abutting Livelli property, ane. the Hest boundary where presently no such wall exists. Where the existing wall meets these requirements a new wall will not be required. 2. A sound barrier hedge of heavy foliage be provided to a height of 8 feet and a depth of 6 feet along the north, west, and south abutting the Alvin property boundary of the church property. In addition the same shall be provided along the east boundary adjacent to the Alvin property. 3. The exits and entrances shall be constructed as far as possible to the Northeast (Ludlam Road) and Southwest (Sunset Drive) extremities of this property as a traffic and safety measure. No parking shall be permitted between the north driveway and the north property line. 4. All outdoor light inC in the road and/or parking area shall be by patented controlled beam lighting fixtures and placed so that their rays of such lighting shall not reach beyond the inner limits of the soune. barrier hedge noted in para- graph 2 above. 5. Sidewalks shall be provided on Sunset Drive and Ludlam Road as a safety measure. 6. That operation of a kindergarten on the church premises be permitted provided such operation shall terminate its activities not later than 4:30 p.m. daily. 7. It is recommended that no change of zonin, be permitted, but that the Board confine its consideration to a use variance. For reference purposes it is noted that the Alvin property is legally described .lB the S~ of SEt of SEt of the SEt less W 340' in Section 26-54-40; and that the Livelli property is legally des- cribed as the S 185' of the S~ of SEt of SEt of SEt in Sec. 26-54-40. 10 September 1963 /s/ Jack stanton, Chairman /s/ Harole E. Yakely / s/ John ~J. Brau The Chairman thankec1 the committee members for the work and time they have put into this study. 4 9-10-63 A very lengthly discussion on the report followed, after which Mr. Foster, seconded by Mr. Keys, moved that the Board accept and adopt this committee report. Polled: Motion carried unanimously. This matter WaS again discussed in creat detail, anc_ Mr. Brau, seconded by Mr. Keys, moved that the Planninr and Zoning Board recommenc_ to the City Council the c,ranting of a use variance to the First Baptist Church of South Miami, on the property described in their a0plication, provided the specifications, limitations, and restrictions as stated in sub-paragraphs ill thru #6 of the accepted committee report and made part, parcel and requirement of the use variance. Polled: Yes, 6; No, 3. ~~-;: .. ;:~::- The Board unanimously agreed to go on record as strenously objecting to variance of Kathryn & H. John Ross of 4540 SW 62 Court, County public hearing # 63-9-45 of lot frontage requirements to permit resubdivision of one parcel of land into two single family building sites: The Chairman c_irected the secretary to notify Mr. R. F. Cook, director of Metropolitan Dade County Building and Zoning Department, the action taken by this Board. There being no further bus ness before the Board, meeting ad- journed at 11:10 p.m., upon motion duly made, properly seconded and carried. Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD SEPTEMBER 24, 1963 AT CITY HALL AT 8 p.m. Jack Stanton, Chairman John Brau Sidney Efronson C. R. Gibbs Myron Keys Carl Paden J. C. Shaw Edward Vini ng, Jr. Harold Yake1y Albert Corsiglia (with permisson Thomas T. Foster Mr. Brau, seconded by Mr. Keys, moved that the minutes of the regular meeting of September 10, 1963, be adopted as individually read. ~rr. Paden requested corrected of the word "Board" in paragraph #2, and substitute the word "Committee", minutes were unanimously approved as coorected. '**** The Chairman read the notice of public hearing on the application of R: ;]. Brad1e!y;:of Florida Power & Light Company, agent for Josephine Sturn, owner of the W 200' of the SE~ lying South of Snapper Creek Canal R/W, of Section 36-54-40, for a variance to permit the installation of an electric power sub- station for the distribution of adequate electric service to the immediate area. Zoning RU-IA, Location NE corner of SW 88 Street (Kendall Drive) and SW 62 Avenue. The Chairman read a letter from the Southern Flood Control District stating the district offers no protest to the proposal of R. J. Bradley of the Florida Power and Light Company, signed by James W. Montcrief. The Chairman read letter from Roscoe Jone of Metropolitan Dade County, Florida, stating the proposed use would not be in keeping with the surrounding residential estate area and would tend to reduce property values in the neighborhood. Also stating there are sites in relatively nearby commercial or industrial zones which would be more suitable for this facility, and strongly urge that variance be denied. 9/24/63 Of the 6 letters of notification to residents of South Miami, 4 were returned stating no objection to variance being granted, and one letter of no objection from Mr. and Mrs. Clifford A. Straus, however, petitions with 236 signatures from this area, together with letter from Pinecrest Civic Association in protest of granting variance were received. Mr. Carter, representative of Florida Power & Light Company stated the demand for electric power has increased to the extent that existing facilities will not be able to carry the load,and this proposed electric power distribution substation is needed .. to supply adequate service to existing customers in South Miami, and for newcomers in a rapidly developing section. This substation would be unattended except for maintenance of landscaping , trans- formers or switching equipment. All dedications required by the City will be made. The following people were present and heard in objection to the variance being granted, David Popper, Gene Essinger 6240 SW 86 Street; Frank R. Rotolanti, 5745 SW 4 Street; president of Pinecrest Civic Association; Mr. Abick, 6140 N. Kendall Drive; Dr. ~. Sullivan, 3400 SW 57 Avenue, Mr. Nevill M. Sanger, property owner across street from proposed substation. Mr. Popper was speaking in behalf of the people on 85 Street, 86 Street and also County property owners in the area, Mr. Keys, seconded by Mr. Paden, moved that the Planning and Zoning Board recommend to the City Council this application be denied. After further discussion, Mr. Efronson, seconded by Mr. Gibbs, moved that this matter be tabled. Polled, Yes, 8; No, 1; Abstained None. (Committee appointed by Chairman for study.) **** The Chairman read the notice of public hearing on the application of Richard O. Erdlitz of the Atlantic Refining Company, agent for Thomas F. Jardine, owner of Lots I, 2, 3 and the North 20' of Lots 24, 25, 26 of Block 1 of Westerfield Manor, Sec. 3, PB 27/9, for a change of zoning to allow a service station. Present zoning C-l Lots 1, 2 and 3 ) Proposed C-2. RU-l Lots 24, 25, 26) Location SE corner SW 59 Ave. and Bird Road. Mr. Erdlitz spoke in behalf of his petition, they have agreement to purchase properi:.y, and that this would be a modern service station. 2 9/24/63 The Chairman read letter of objection from Roscoe Jones, Director of Me-tropolitan Dade County Planning Department, stating they are opposed to making zoning on subject parcel less restrictive as a C-2 use would not be in keeping with other uses in the neighbor- hood and would downgrade the neighborhood. also there are sufficient gasoline s-ta-tions along Bird Road at -the present -time. Petitions of objection with 54 signatures were received. Mr. Harold Jones, present at -this time, stated he lives at 5894 SW 41 Street, across from the proposed station. He objects to change of zoning which would adversely affect his property. After a short discussion, Mr. Efronson, seconded by Mr. Gibbs_, moved that the Planning and Zoning Board recommend to the City Council, that the application be DENIED. Polled: Yes, 9; No, 0; Abstained, None. **** The Chairman then considered the annexed areas, known as Parcels #1 and 2. The Chairman read let-i:er from Roscoe Jones, Director of Metropolitan Dade County PlanningBoard, which stated they believe the zoning should be in keeping with surrounding residential areas and wholeheartedly agree with the classification of RU-IA as favored by -the South Miami Commi-ttee of the Planning and Zoning Board. No objectors present, and no letters of objection received. Mr. Yakely, seconded by Mr. Efronson, moved that U,e Planning and Zoning Board recommend to the City Council that annexation areas #1 and In be initially zoned RU-lA. Polled: Yes, 8; Abstained -I, J. C. Shaw **** Mr. Br?-u seconded by Mr. Keys; moved that tabled application of Mrs. S. M. Greene be removed from the table. Polled: Yes, 9; No, 0; Abstained, None. After a short discussion, Mr. Vining, seconded by Keys, moved that the Planning and Zoning Board recommend to City Council that the variances as petitioned be approved. Yes, 8; No, 1; Abstained, None. **** Mr. the Polled: Mr. Keys, seconded by Mr. Gibbs, moved that the tabled application of Acolite Sign Company for Ross Industiris, Inc. be removed from the table. Polled: Yes, 9; No, 0, Abstained, None. 3 9/24/63 After much discussion, Mr. Brau, seconded by Mr. Keys, moved that the Planning and Zoning Board recommend to the City Council that the application be denied, as no hardship has been shown. Polled: Yes, 6; No, 3; Abstained, None. **** The Chairman appointed the following committees: **** Edward Vining, Chairman, with Mr. Efronson and ~tr. Stanton for study on the application of Florida Power and Light Company for electric power substation. **** The Chairman appointed J. C. Shaw, Chairman, together with Mr. Gibbs and Mr. Vining for the committee to study the annexed area of Parcel 8, for recommendation on zoning. **** The Chairman appointed Mr. Keys, Chairman togetner with Mr. Paden and Mr. Yakely as a committee to study the annexed area known as Parcels #9 and #10 for recommendations on zoning. **** The Chairman read a format and procedure for Planning and Zoning Board Agenda, as follows: "The Planning and Zoning Board Agenda will be corrected and prepared as follows: 1. Initial zoning when applicable 2. Public hearings in chronological order (Note) THE FOLLOWING ITEMS FOR DISCUSSION IN EXECUTIVE SESSION ONLY 4. Tabled items showing date tabled, with all necessary material pertaining thereto attached 5. Committee Reports 6. Remarks The Building Department will prepare the agenda and send notices of public hearings to concerned property owners on the paid public hearing applications. Only 3 public hearings to be scheduled for each meeting (exclusive of tabled items)unless other- wise directed by Chairman of the Planning and Zoning Board. The Building Department will advise the Public Works Department for signs to be posted in the area on the above public hearings. The Building Departmen·t will prepare the drawings for the City Clerk, in preparation of the City Council agenda, and for the information to the Planning· and Zoning Board. 4 9/24/63 When a public hearing is held that contains more than 2~ acres, or is divided into more than 5 parcels, the notice of public hearing will be published one time only, at least 15 days before the da-te of the hearing, in a newspaper of general circula- tion in the City. The City Clerk, as Clerk will obtain approval from the Chairman of the Planning and Zoning Board for publication on INITIAL ZONING, when initial zoning is directed by the City Council. The Clerk will give notice -to Building Department for placing this zoning on the agenda for the appropriate date. The Clerk will notify all property owners regarding init_ial zoning, and secure any material pertaining thereto for the Committees appointed for study of area, prior to recommendations to 'che Board, and prior to report of sub:-. mission to City Council when directed by the Board. The City Clerk, as Clerk will maintain record of Minutes, a miscellaneous correspondence file, and record of Zoning Bulletin for the Planning and Zoning Board. /s/ Jack Stanton, Chairman Mr. Brau, seconded by Mr. Gibbs, Mr. Keys, moved that the format and procedure be adopted. Polled: Yes, 9; No, O. Abstained, None. There being no further business before the Board, Mr. Vining, seconded by Mr. Paden, moved to adjourn. Motion carried; meeting adjourned at 10:20 p.m. 5 9/24/63 , MINUTES OF THE REGULAR MEETING O~ THE SOUTH MIMH PLANNING AND ZONING BOARD OCTOBER 8, 1963 AT CITY HALL AT 8:P.M. Present: Jack Stanton, Chairman John Brau Absent: ~i-~~HH~- Sidney Efronson C. R. Gibbs Myron Keys Carl Paden J. C. Shaw Edward Vining, Jr. Harold Yakely Thomas T. Foster Albert Corsiglia (with permission) There being no objection, the minutes of the regular meeting of September 24, 1963 were approved as individually read. ~H:*~i--;~- The Chairman read the notice of Public hearing on the application of M. Earl Perkins, owner of Lot 2, Block 1 Law- rence Homesites, PB 42-32, for a variance of 5.51' on lot frontaee to allow the construction of a residence. Approximate location 6444 Sunset Drive. Mr. and Mrs. Perkins appeared in behalf of the application. Mr. and Mrs. Joe Creelan, 6450 Sunset Drive, appeared as objectors. Action: Mr. Vining, seconded by r,!r. Keys, moved that the Baud recommend to the City Council that the application of M. Ero'l Perkins for a variance in lot frontage be approved. Polled: Yes -9; No -1 ~HHH:- Mr. Keys, seconded by Mr. Gibbs, moved that the appli- cation of R. J. Bradley of the Florida Power & Light Company be removed from the table for consideration. Carried unanimously. Mr. Vining, Chairman of the Committee. appointed to study this matter, submitted the following report: -1-10/10/63 COMMITTEE TO DETERMINE RECOMMENDATIONS CONCERNING ApPLICATION OF FLORIDA POWER AND LIGHT COMPANY FOR VARIANCE FOR POWER SUBSTATION. Committee Chairman: Edward C. Vining, Jr. Committee Members: Jack stanton & Sidney Efronson The Members set forth above having heretofore been appoint- ed as a Committee to study and make a recommendation to the South Miami Planning and Zoning Board; and the Committee having met in formal session on the 4th day of October, 1963; it is respect- fully submitted that the recommendation of the Committee is as follows: 1. That the variance as applied for by Florida Power and Light Company for the erection of an electric power station on the property described as the Hest 200 feet of the SE 1/4, lying South of the Snapper Creek Canal r/w, of Section 36-54-40; Be recommended to the City Council. 2. That the variance be limited to and conditioned upon the building site being improved in conformance with the Plat Plan Layout as submitted by Florida Power and Light Company, and which is made a part of this recommendation. 3. That the variance be further conditioned upon the construction of an "open block design" wall of not less than 20 feet in height, a similar type construction picture having been submitted by Florida Power and Light Company, and made a part of this recommendation. The foregoing recommendation is made and based upon the Committee's findings as follows: a. That there is a definite public need for this facility in this location. b. That some of th p existing poles will be moved "inSide" the walled encl~sure. c. That the noise will be only a elight "Hum", audible for approximately 100 feet. d. That the Substation will necessitate only a minimum amount of "truck service", and will not be used as a storage area or base of any operations. e. That the enclosure will not do any violence to the surrounding neighborhood. f. That this parcel is odd-sha.ped and lends itself to this unusual type of improvements. -2-10/10/63 g. That because this parcel abuts the now existing trans- mission lines, that it will not be necessary to run large "feeder" lines to the Substation. DATEB this 8th of October, 1963. /s/ Edward C. Vining, Jr. Jack Stanton Sidney Efronson Mr. Brau, seconded by Mr. Gibbs, moved to accept the committee report. Carried unanimously. Mr. Brau, seconded by Mr. Gibbs, moved.tha t the Board recommend to the City Council that the application of the Florida Power and Light Company be approved; providing, however, that the variance be limited to and conditioned upon the building site being improved in conformance with the Plot Plan Layout as sub- mitted by Florida Power and Light Company, and which is made a part of this recommendation; and further that the variance be conditioned upon the construction of an "open block design" wall of not less than 20 feet in height, a similar type construction picture having been submitted by Florida Power and Light Company, and made a part of this recommendation. Polled: Yes -7; No -3 ~HHH:· Mr. Shaw, Chairman of the committee apryointed to study the initial zoning of recently annexed parcels #8 and #9, sub- mitted the following report: COMllITTEE TO DETERMINE RECOMMENDATIONS AS TO ZONING IN RE AREAS DESIGNATED 8, AREAS DESIG- NATED 9 Committee Chairman, J. C. Shaw Committee members, Edward C. Vining, Jr., C. R. Gibbs The members mentioned above having heretofore been appoint- ed a committee to study and recommend zoning on the areas desig- nated 8 and 9, said areas having been annexed into the City of South Miami from the unincorporated areas; and the committee hav- ing personally made its inspection tour, together with various conversations with residents in the neighborhood, it is respect- fully submitted that the recommendation of the committee is as follows: 1. That the area designated No. 8 is at the present time completely platted into residential subdivision lots and is im- proved, save and with the exception of a 100 ft. strip of land lying between Blocks 3 and 4 of Blue Heights Subdivision as shown in Plat Book 64, page 136, which unplatted portion has a 100 ft. frontage abutting on S.W. 67th Avenue (Ludlum Road) and -3-10/10/63 running through the block to S,W, 66th Avenue, and is approx- ima tely 330 ft. long '. Inasmuch as all of the lots, save the unplatted area, are improved with single fae,lily res !,uenc2s, a nd inasmuch as the un- platted portion will probably be divided into two building sites; one fronting on each of the avenues heretofore described, it is therefore recommended by the committee that this area be zoned RU 1, 75 ft. frontage, 10,000 sq. ft. (minimum lot size require- ments). 2. That the area uesignated No. 9 which is an unplatted area located at the S.E, cornor of Ludlum Road (67th Avenue) and Blue Road (S.W. 48th Street), Hhich area at the present time has been cleared of debris and some fill placed thereon, and which area is surrounded by the unincorporated area on two sides, which zoning is designated at the present time Dade County RU 1, and the said area No. 9 being abutted on the South by RU 1 zoning, it is recommendeu by the committee that this unplatted area be zoned RU 1, confol°tr'ing Kitlce tl~~ neighborhood, DATED this 30th da;r of S·pter.loer, 1963_ R2spectfully submitted, /s/ J. C. Shaw, Chairman Edward C. Vining, Jr. C. R. Gibbs Mr. Efronson, seconded by I'ir. Yakely, moved to accept the commi ttee report. Carr~,ecJ un:cnirr:ou~;ly. Mr. Foster, secC'nleu by ]\11'_ Vining, moved that the report be forwarded to the City Council ,lith the recommendation that a Public Hearing be held to determine the initial zoning on these parcels. Carried unanimously, .:~-::--:~-.;~- Mr. Keys, Chain:an of the committee appointed to study the initial zoning of recently annexed Parcel #5, submitted the follow- ing report: The Committee, ,"u'line; made D. personal inspection and study of the annexeu areo. known [>8 Parcel #5, find that the West 330 feet is presently zoned RU-3 and the remainder RU-l. The Committee is cognizant of the fact that the area is primarily RU-l ~wd tb.at the TIU--3 area is probably not in the best intcre8t of the neighbo:.'hood, but any change of zoning woulJ, no doubt, ,cOlO" a hardship on the present use and occupancy of ~he RU-3 area. -4-10/10/63 --- Therefore, it is the recommendation of this Committee, to the Planning and Zoning Board, that there be no change in the zoning of Parcel #5. lsi Myron Keys Carl Paden Harold Yakely Mr. Foster, seconded by Mr. Yakely, moved to accept the committee report. Carried unanimously. Mr. Foster, seconded by Mr. Brau, moved that the report be forwarded to the City Council with the recommendation that a Public Hearing be held to determine the initial zoning on this parcel. Carried unanimously. <{HHH~· There being no further business to come before the Board at this time, the meeting was adjourned by general consent at 9:15 P.M. -5-10/10/63 Present, Absent' **** MINUTES OF THE REGULAR ~illETING OF THE SOUTH MI~I PLANNING AND ZONING BOARD OCTOBER 22, 1963 AT CITY HALL AT 8 p.m. Jack Stanton, Chairman John Brau Sidney Efronson Thomas T. Foster C. R. Gibbs l"lyron Keys Carl Paden J. C. Shaw Edward C. Vining, Jr. Harold Yakely Albert Corsiglia (with permission) Mr. Brau, seconded by Mr. Keys, moved that the minutes of the regular meeting of October 8, 1963 be approved as individ- ually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the appli- cation of IV. W. Charles, attorney for the Es"tate of Harold W. Dorn, owner of SE corner SW'4 of Sec. 25-54-40 and North along East line of SW!.! for 200', West parallel "to South line, and South parallel to East line of SW!.! for 200', East along South line for 205' to POB, for a variance or special use permit to allow the construction of a gasoline service station. Present zoning C-l; proposed Use C-2; Location NW corner of Sunset Drive and SIV 62 Avenue. The Chairman read letters of objection from Mr. and Mrs. David A. Brooks and Mr. and Mrs. P. D. Loyless. Mr. Charles spoke in behalf of his petition stating the gran"ting of this petition would have no effect on pedestrian traffic, and vehicular traffic would have visibility, due to the building line, which would differ from other C-l uses. Mr. Mas"ton 0' Neill, owner of property opposi"te the Dorn property stated he has no objection to the proposed service station. The following people were heard in objection of granting a change of zoning, or variance for a service station: 10/22/63 Mr. Elmer Bregman, representing Edelphia Builders, who own 4 acres directly West, which will be used for apartment houses, with mortgage of $900,000 and when completed the value will be l~ million, therefore he object to a service station, as this area is now being upgraded, and they do not want their investment jeopardized. Mr. and Mrs. James Cothron, owners of property North of the proposed station, object on the grounds this would be detrimental to their investment. Mr. Hans Wedemeyer, owner of 4 lots across the street from the proposed station, cited that 2 filling station in Coral Gables were removed and one site replaced with over a million dollar building. The other site has been landscapped and enhanced the area. Mr. Wedemeyer objects to a filling station in this area. Mr. Foster, seconded by Mr. Keys, moved that the Planning and Zoning Board recommend to the City Council, that the appli- cation of \'J. W. Charles for estate of Harold W. Dorn be denied as sufficient hardship has not been shown to warrant a change of zoning, variance or special use permit. Polled: 9 Yes; No, 0, Abstained -1 -Edward Vining. **** The Chairman read the notice of public hearing on the appli- cation of E. L. Cotton, owner of Lots 12, 12A, 13, 13A, 14, 14A Block 1 and Lots 17, 18, 19, 20 of Block 2 Larkins Pines, for a variance to permit a Used Car business. Present zoning C-2; proposed C-3, location 6150 South Dixie Highway. (corrected) The Chairman read let'ters of objection from: Raymond Fox, Mr. and Mrs. \'Jilliam O. Peacon, Alfred F. Hagan, and Mr. and Mrs. George Fox. 11r. E. L. Cotton appeared before the Board and requested Lots 17, 18 of Block 2 be withdrawn from the application, as these were added in error. Mr. George Fox, presen't at this time, withdrew his objection due to the withdrawal of Lots 17 and 18 in Block 2, as requested by Mr. Co'cton. Mr. Hagan also requested wi,thdrawal of his letter of objection for the same reason. Mr. Yakely, seconded by Mr. Gibbs, moved that ,the Planning and Zoning Board recommend to the City Council 'the approval of request of E. L. Cotton as amended in open meeting, for a u~e variance to permit a Used Car husiness at 6150 South Dixie Highway. 2 10/22/63 Polled, 6 Yes; No, 0; 4 Abstained; Mr. Paden and Mr. Efronson wished to go on record, "they abstained because they considered a variance wrong. Mr. Stanton abstained, he is no"t opposed to the Used Car Lot, but felt he needed more information. **"*The Chairman, at this time asked the Board to take up Item ~-p4 on the agenda, and read the notice of public hearing on the appli- cation of Tom Fossey, agent for Dr. Robert H. Sykes, owner of the S~ of S~ of NEl.o of Sec. 35-54-40, excep-cing therefrom the E 1013.42' and the South 35' and t"e West 25', for a change of zoning to allow Garden--type apartments. Presen-c Zoning RU-3; proposed RU-4; Loca- tion NE corner of SW 80 S>creet and Sy,) 69 Avenue. The Chairman s-tated this property is in Interim Zoning, and public hearing will be held in the very near fu"ture, -therefore it would be impossible for -this Board to take any action at this time. Mr. Tom Fossey requested the right to withdraw this application without prejudice, and to refile wi-thout addi-cional cost, after action has been made on the interim zoning. Mr. Robert Gardner of 7821 SW 69 Avenue commented (for the Board's information) this property came before the County Commission in April of 1963, for change of zoning to RU-4 to permit a nursing home and was denied. Mr. Yakely, seconded by Mr. Brau, moved that the Board accept the withdrawal of Mr. Tom Fossey without prejudice, and that he be permitted to refile without additional cost. Polled, Yes, 10; No, 0; Abstained, None. **** The Chairman relinquished the chair to Vice Chairman John Brau, who read the notice of public hearing on the application of H. W. Burris, agent for A. D. Henry, owner of Lot 16 Block 5, TOWNSITE of LARKINS PB 2/105, for a change of zoning. Present zoning C-l proposed C-2; Location, approx. 6121 SW 68 Street. The Vice Chairman read a letter dated October 21, 1963 from H. W. Burris, requesting an amendment to his application for a Use Permit or Use Variance, thus deleting the original request for change of zoning. Mr. Burris also submitted a petition from the surrounding proper"ty owners stating NO OBJECTIONS to the proposed Print Shop. 3 10/22/63 r '--' ,,~ L L · - Mr . Gibbs, seconded by ~'lr . Yake l y, moved that the Planning and Zonin g Board recommend to the City Council that the appli- cation as modified be granted for a Use Variance. Polled: Yes 9; No, 0; Mr. Stanton had no part whatsoever in ma-tters pertaining to this application, as he is financially involved in subject property . **** The Chairman and the Planning and Zo~ing Board -then considered the request of Mr . Herschel Green to discuss suggested layout of new subdivision . Af-ter much discussion and -the reviewing of tenative plans, the Board d id not give an expression on -this matter, as some of the members had not studi e d t h e area, nor the tenative plans previewed . **-1:* Mr. Keys inquired of Mr . Bach the requirements of Ordinance pertainin g to trailers being parked in residential areas . Mr. Keys advised -there is one on 59 Court be-tween 7 <1 and 76 Street, and has been there for some time. **** Mr . Brau, seconded by Mr . Yakely, moved that the Planning and Zoning Board recommend to the City Council tha -c there be no disbursement of any City monies issued to the i'ie -cro Dade County Planning Department, or any other Department of Metro Government of Dade County f or any matter pertainin g to the City of South Miami Planning and or Zoning . Polled : Yes, 10i No, o. There being no further business before the Board, upon motion duly made, properly seconded, and carried; meeting ad- journed at 10 ,30 p.m. fl-10/22/6 3 Present: Absent: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD NOVE¥iliER 12, 1963, AT CITY HALL, 8:00 p.m. Jack Stanton, Chairman John Brau, Vice Chairman James Bowman Sidney Efronson Thomas T. Foster Myron Keys Carl Paden J. C. Shaw Edward Vining, Jr. Harold Yakely C. R. Gibbs Mr. Paden, seconded by Mr. Efronson, moved "that the minutes .:,!' of "the regular meeting of October 22, 1963 be approved as indiv- idually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on initial zoning of Parcel No. 5 as follows: Beginning a"t the N\v corner of the S~ of the S\'J\ of the SE!;, of the NE\ of Sec"i:ion 35, Twp. 5·'c South, Range t~O East, Dade Coun"cy, Florida; thence run East- erly along the North line of said S~ of the S\'J l• of "i:he SEl;; of the NEl;; to the Nlv corner of Ludlam Groves, according to the Plat there- of recorded in Plat Book 51 at Page 48 of the Public Records of Dade County, Florida; "thence run Southerly along the \'Jest line of Ludlam Groves to a point on the South line of "the NE\ of said Section 35 and the centerline of the SW 80 Street (David Road) thence run Ivesterly along the South line of said NEl;;, being the centerline of SI') 8U Street (Davis Road) to "he t)\'J corner of the SE\ of the NEl;; of said Section 35; thence run Northerly along the West line of the ";E~ of the NEl;; of said Section 35 to the N\V corner of "the s;, of the SW'~ of the SEl;; of the NE\ of said section 35 and tl.e Point of Beginning. The Chairman advised "the people present "thai: the recommenda- tion of the Committee, which was unanimously approved by the Planning and Zoning Board, had been forwarded to the City Council was as follows: "The Committee, having made a personal inspection and study of "the annexed area known as Parcel #5, find that the West 330 feet is presently zoned RU-3 and the remainder RU-l. The Committee is cognizant of the fact that the area is primarily RU-l and tha"i: the RU-3 area is probably not in "the best interest of the 11-12-63 neighborhood, but any change of zoning would, no doubt, work a hardship om the present use and occupancy of "the RU-3 area. Therefore, it is the recommendation of this Committee, to the Planning and Zoning Board, that there be no cLange in the zoning of Parcel itS." :I'he Board reaffirms their recommendation to the Ci ty Council on the ini"tial zoning of this area, commonly known as Parcel jf5, -the zoning of this area remain status quo. Present at the meeting, Robert W. Gardner of 7871 SW 69 Ave., who requested the Board to recommend the entire parcel be zoned RU-l or RU-IA for single family residences, as property abutting Parcel #5 is presently zoned RU-l. County property on West is zoned EU-l acre estates, and County property on South is RU-2. Mr. R. E. Chapman, Dr. Carl Snyder and Mr. W. A. Gravatt spoke in agreement with Mr. Gardner's request. Peti"tions with 19 names, together with letters from Mr. Cook of Metropolitan Dade County and Mr. Coburn of Dade County Planning Board asking to go on record recommending Parcel \F5 be rezoned RU-l. Mr. Paden, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council present zoning be retained, and Parcel ~"f5 remain status quo. POlled: Motion carried unanimously. (tl,is parcel is split zoning -RU-l and RU-3.l **** The Chairman read t:he notice of public hearing on the initial zoning of Parcel #8 as follows: Beginning a"t the SW corner of the Nvl% of the SVI1,; of Section 2'1", Twp. 54 South, Ramge 40 East; thence in a Northerly direction along the centerline of SW 67 Ave. (Ludlam Road) to the NW corner of the SW~ of the NW~ of the SW~ of Section 24, Twp. 54 South, Range 40 East; thence in an Easterly direction to the NE corner of the W~ of the SW~ of the NW~ of the swl:, of Section 2'i, Twp. 54 South, Range 40 East; thence in a Southerly direction tothe SE corner of the vl~ of the sw\ of the Nlv\ of "the .s\",]~ of Section 24, Twp. 54 South, Range 40 Bast; thence in a \'7esterly direction 330 fee"t more or less to the centerline of SW 67 Ave. (Ludlam Road) also the SW corner of the NWl:, of the Sw\ of Section 24, Twp. 54 South, Range 40 East; to the POB. Mr. Lawrence Berger of 6530 Svl 49 Terrace, Mr. Alfred Groden of 6485 Slil 52 Street and David Commander 6601 SW 49 Terrace requested to go on record being opposed to any change of zoning. The Committee report which was unanimously approved by the Planning and Zoning Board for Parcel #8 is as follows: 2 11-12-63 1. That the area designated as Parcel #8 is at the present time completely platted into residential subdivision lots and is improved, with the exception of 100' strip lying between Blocks 3 and 4 of Blue Heigh-ts Subdivision, PB 64/136 which unplatted por-' tion has frontage abutting on ~W 67 Avenue and running thru the block to SW 66 Avenue approx. 330' long. All lots are improved with the above exception which will probably be divided into two build- ing sites. It is -therefore recommended that t"is area be zoned RU-l, 75' frontage; 10,000 sq ft (min. lot size requirements). ¥~. Paden, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council present zoning Ru-l be retained, and Parcel #8 remain status quo. Polled: Motion carried unanimously. **** The Chairman read the notice of public hearing on the initial zoning of Parcel #9 as follows: Beginning at the NW corner of the SW~ of Section 24, Twp. 54 South, Range 40 East, Dade County, Florida being the intersection of the centerline of SW 67 Avenue (Ludlam Road) and Svl 48 Street (Blue Road); thence run Easterly along the North line of the SW~ of said Section 24, and the center- line of dW 48 Street (Blue Road) to the NE corner of the NWl:; of the NWl:; of the svJ~ of said Section 24; thence run Southerly along the East line of the NW~ of the NWl:; of the SW~ of said Section 24, to the SE corner of the N~ of the NWl:; of the NWl:; of the SW~ of said Section 24; thence run itJesterly along the South line of -the N~ of the N>v~ of 'che NWl:; of the swl:; of said Section 24, 'co the SW corner of the Nl::; of the NW~ of the NVJ~ of the ';;;W~ of said Section 24, being a poin>c on the cen-terline of SitJ 67 Avenue (Ludlam Road) ; thence run Northerly al?ng the West line of the SWl:; of said Section 24, and the centerline of the Svl 67 Ave. to the NW corner of the SW'. of said Section 24-and the POB. The Committee report which was unanimously approved by the Planning and Zoning Board on Parcel #9 is as follows: Area is an unplatted area located at SE corner of 67 Avenue and SW 48 Street which at the present time has been cleared of debris and some fill placed thereon, and area is surrounded by the unincorporated area on two sides. -which -is Dade County zoning RU..,l ~ and_ said area No. 9 being abutted on the South by RU-l. it is recommended by the Committee that this unplatted area be zoned RU-l conforming with the neighborhood. Mr. Paden, seconded by Mr. Brau, moved that the Planning and Zoning Board recommend to the City Council present zoning RU-l be retained and Parcel No. 9 remain status quo. Motion carried unanimously. 3 11-12-63 **** The Chairman read tl'e notice of public hearing on the application of David Jo Felton, owner of Lot 11 Sunset Circle, PB 48/5 for a variance to allow the construction of a swimming pool and addition to residence. Required, Residence 25'; Pool 15'; Proposed 10' residence setback; Pool 13.5' setback. Loca- tion 6851 Sunset Drive 0 Mr. David Felton spoke in behalf of his application, he had contacted both owners of Lots 9 and 10 who had no objection to the variance being grantedo Letters are on file from Clarence pope owner of Lot 10 and John Gavras owner of Lot 9 stating no objections to the proposed variance. No objec"tors presen"i: and no letters of objection received. Mro Yakely, seconded by Mr. Vining, moved that the Planning and Zoning Board recommend to the Ci"ty Council that the variances as requested by Mr. Felton be granted. Polled: Yes, 6; No, 4. **** The Chairman read the notice of public hearing on the application of David Hill, owner of a part of Sec. 36-54-40, for a variance "to permit a Used Car business. Present Location zoned C-2; used car lot requires a C-3 zoning. Location 6400 Sout" Dixie Highway. Mr. Hill spoke in behalf of his application stating there would be no repairs, no painting, etc., and would not display more "than 8 cars. He had no objection to a Special Use "Permit rather than a Variance being granted 0 No objectors and no letters of objection received. Mr. Vining, seconded by Mr. Brau, moved that the Planning and Zonigg Board recommend to the City Council that a Special Use Permit limited to 8 cars maximum be granted. Polled: Yes, 8; No, 2. **** The Chairman read the nO~lce of public hearing on the application of "the American Cancer Society, lessee Marguerite Kaiser, Executii(e Director, for a variance to operate a Thrift Shop at 5850 Sunset Drive, Lot 16 W.A. Larkins, PB 3/198. The Chairman stated he had received letters of objection from Mary IV. Dorn, Norman Weingarten. Mr. John Channing and Mrs. Kaiser spoke in behalf of the petition, also Mrs. Benjamin Bosch and Mrs. Long. 4 11-12-63 Mr. Joseph Steinberg, owner of Rhodes Furniture Store spoke in objection to granting the variance as this would devalue the neighborhood and the shopping area on Sunset Drive. After a 1engthly discussion of pros and cons, Mr. Brau seconded by Mr. Efronson, moved that this matter be tabled for further study. Polled: Yes, 7; No, 3. The Chairman appointed a committee of: Chairman Sidney Efronson, J. C. Shaw and Carl Paden to study this matter and report at the next regular meeting of the Board. **** Mr. Bowman stated being on the Planning and Zoning Board is a new experience, an enric;lment for him and he will enjoy working with this group. **** Mr. Keys asked that notices of public hearing be sent to the Board members when the signs are posted, that this request had been made before. He receives calls from interested persons and is not informed on ·the subject at that time. There being no further business before the Board, meeting adjourned at 10:25 p.m., upon motion duly made, properly seconded, and carried. 5 11-12-63 Present: **** MI~uTES CF TEE SPECIAL MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD NOVEMBER 19, 1963 AT CITY HALL, 7:30 p.m. Jack Stanton, Chairman John Brau, Vice Chairman James Bowman Sidney Efronson Thomas T. Foster C. R. Gibbs Myron Keys Carl Paden J. C. Shaw Edward C. Vining, Jr. Harold Yakely The Chairman called the special meeting to order at 7:30 p.m., for the consideration of American Cancer Society's application, for a variance to permit a Thrift Shop at 5850 Sunset Drive. After a Silort discussion and consultation with the City Attorney, a motion was made and seconded that the Planning and Zoning Board recommend to the City Council, a non-transferrable Special Use Permit be granted subject to revocation at any time without notice. Polled: Yes, 10; No, 1 Meeting adjourned at 7:50 p.m., upon motion duly made, properly seconded and carried. "c~c Present: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD NOVEMBER 26, 1963 AT CITY HALL, 8:00 p.m. Jack Stanton, Cahirman John Brau, Vice Chairman James Bowman Sidney Efronson Thomas T. Foster C. R. Gibbs Myron Keys Carl Paden J. C. Shaw Edward C. Vining, Jr. Harold Yakely Mr. Brau, seconded by Mr. Gibbs, moved that the minutes of the regular meeting of November 12, and the special meeting of November 19, 1963 be adopted as individually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the application of Robert J. English, agent for Anthony & Goldberg. for a variance to permit the construction of an apartment at approximately 4081 SW 65 Avenue in Section 24-54-40. The Chairman read two letters of objection from R. F. Cook, Director of Metropolitan Building and Zoning Department, and Roscoe H. Jones, Director of Metropolitan Planning Department. No other letters of objection were received and no objectors present. Mr. English spoke in behalf of his application and Mr. Hqold Fitzpatrick of 4117 SW 65 Avenue said he had nb objection if they would provide a fence around the South side of the property. After a short discussion Mr. Vining, seconded by Mr. Paden. moved that the Planning and Zoning Board recommend to the City Council that the application be granted for frontage and square footage. but that the setback requirement for a pool be denied. Motion carried unanimously. **** The Chairman read t;,e notice of public hearing on the application of Monroe Dixon. agent for Thomas Jardine, owner of 11/26/63 Lots 24, 25 and 26 in Block I, \llesterfield Manor, Sec. 3 PB 27/9 to permit parking for bank to be constructed on Lots 1 thru 5, Block 1, Westerfield Manor Sec. PB 27/9. The Chairman read a le"tter of objection from R. F. Cook, Director of Metropolitan Building and Zoning Department. also a letter from Harold P. Jones who does not object if there would be no ingress or egress on SW 41 Street, and a screen erected along the South boundary, as his property is directly across the street. Mr. Monroe Dixon and Robert Shrum spoke in behalf of the application; stated they would have a louvre fence, also re- paving all around the property and sidewalks around the entire area. Mr. Brau, seconded by Mr. Efronson, moved that the Planning and Zoning Board recommend to the City Council the application on the described property be granted provided that there be a 5 foot concrete louvre fence on the Southerly side of Lot 4 and Lot 5 and the Easterly side of Lot 24, and further that there be a hedge of similar height along the said louvre fence. Mr. Foster, seconded by Mr. Keys, made amendment to the motion, that the Southern portion of Lots 24, 25 and 26 have no ingress or egress along 51i 41 Street. Polled on the amendment: Yes, 7; No, 4. Polled on the motion as amended: Yes, 11, No, O. **** The Chairman, after checking with the City Attorney stated there would not be a public hearing on the application of Dal-Long, Inc., as the legal description in the notice of public hearing was incomplete. and the following motion was made. Mr. Brau, seconded by Mr. Vining, moved that the Building and Zoning Department be instructed that the Dal-Long Inc., notice of public hearing be re-issued to include the entire legal description and further that be a hearing before this Board without further charge to the petitioners. Motion carried unanimously. **** Mr. Vining questioned the reading of letters of objection or any letters pertaining to the public hearings in open session. The Chairman with the Board's approval advised the letters will be a record of file, open to the public, and hereafter will be read in executive session. 2 11/26/63 ". **** Mr. Paden inquired if the Planning and Zoning Board had received notification regarding the Rendezvous Lounge at 6501 Bird Road. Mr. Paden inquired of Dade County Building and Zoning Department and assistant director advised that notice had been mailed to Mr. Gammage at City Hall. That this Lounge in the County is within 180 feet of the City. No members of the Board had received notification. The Chairman with the Board's approval asked the Clerk to have mimeograph sheets made for the names, etc., of people appearing before the Board for their signatures. These slips to be filed with the minutes of each hearing by the Clerk. **** There being no further business before the Board, meeting adjourned at 9:45 p.m., upon motion properly made, seconded and carried. • r Present: **** MINUTES OF THE REGULAR MEETING OF THE SOUTH MIAMI PLANNING AND ZONING BOARD DECEMBER 10, 1963, AT CITY HALL, 8:00 p.m. Jack Stanton, Chairman John Brau, Vice Chairman James Bowman Sidney Efronson Thomas T. Foster C. R. Gibbs Myron Keys Carl Paden J. C. Shaw" Edward C. Vining, Jr. Harold Yakely Mr. Gibbs, seconded by Mr. Efronson, moved that the minutes of the regular meeting of November 26, 1963 be adopted as individually read. Motion carried unanimously. **** The Chairman read the notice of public hearing on the application of Torn Fossey, agent for Robert Sykes, for a change of zoning to allow Garden-type apartments, at NE corner of SW 80 Street and SW 69 Avenue, present zoning Ru-l; proposed RU-4. Mr. Fossuy, Dr. Sykes and Mrs. Stratt, commenting this land was acquired and with approval of Health Department of Dade County built a convalescent horne, the zoning being RU-3. In 1957 under Metro regulations this horne became inoperable. This pro- posed Garden-type Apt.will be for adults and Dr. Sykes will agree to a variance for apartment building. Mr. Gardner, Dr. Carl Snyder and Mr. Geisler spoke in objec- tion to the proposed Garden--type Apt .as objecting to any change in zoning. A show of hands of 12 people in objection, however all 12 people also with a S,10W of hands had purchased their property when subject property was county zoned RU-3. Letter of objection was also received from Vernon Jennings at the meeting. Mr. Vining, seconded by Mr. Efronson, moved that the Planning and Zoning Board recommend to the City Council that the applica- tion as Special Use Permit or Variance for apartments only, and all other RU-4 requirements be met. 12-10-63 r Mr. Shaw, seconded by Mr. Vining, moved an amendment that a protecting wall be required on land lying at 69 Avenue, the vacant strip at 64 Street and the rear at 80 Street. **** Polled on the amendment: Yes, 2; No, 9 Polled on the motion: Yes, 10; No, 1 The Chairman read the notice of public hearing on the appli- cation of Everett E. Butler, Jr., agent for Albert L. Buzzell, owner of E 55' of S 91' of Tract 2, and W 165' of Tract 2, Larkins Forrest, PB 33/14, and Lot 22 Larkins Forrest PB 18/33 for the rezoning of the S~ of Tract 2 to allow the construction of an apartment house. Location approx. 5761 SW 74 Terrace. Mr. Brau requested and was granted permission to be excused from this portion of hearing of the Planning and Zoning Board. Mr. Delany spoke in behalf of the application stating the logical plan and appears to be consistent with the City's existing pattern. This will act as a buffer between commercial and residential property. Mr. Buzzell stated he would appreciate the Board's consideration. Mr. Butler in behalf of the applica- tion stated on the South side there would be 25' from the property line. and 35' from the pavement. No doors on the front of the building. one parking space for each unit. Letters ·from Mrs. B. S. Chinn and Mrs. Agnes Ruhl in favor of the application. Mr. Brau appeared before the Board in objection to the application being granted asked that if the Board does not consider RU-2 as a buffer that the Board consider RU-5 as a buffer. He was aware of the commercial zoning on 74 Street, and the RU-l zoning south of 74 Street, however he believes the owner could develope his C-I property which would be less objection- able. Letters of objection were recei·ved from Mrs. Marian Lee, Mr. and Mrs. James Stewart and Mr. and Mrs. Luther Shafer. Mr. Vining, seconded by Mr. Gibbs, moved that the Planning and-~oning Board reccrrmcnd tothc City Council that a Variance or Special Use Permit be granted instead of rezoning, to allow the construction of an apartment house in accordance with the plan submitted and made a part of the record. Polled: Yes 9; No, 1; Mr. Brau had been excused from the meeting and was not in the Council chamber during this portion of the meeting. 2 12-10-63 **** The Chairman read tbe notice of public hearing on the appli- cation of Frank L. Klebba, agent for Fonnie L. Sullivan, owner of the W 834.06' of SE\ lying South of the R/W line of Snapper Creek Canal, less the West 200' thereof, consisting of 3.64 A, more or less and being in Section 36-54-40, for a change of zoning to allow the construction of an apartment house. Location 6101 North Kendall Drive; present zoning RU-IA, proposed; RU-4. Mr. Klebba spoke in behalf of his application stated an adjoining 200' by over 300' depth has been acquired since the application was filed and this additional land will be combined with the land stated on his application. This request is for 88 apartments, garden type, no parking will be visible from the street and a wall for screening. These will be 2-story apart- ments. Dr. Joseph Sullivan also spoke in behalf of the appli- cation stated there is no property in South Miami directly adjacent to this property with the exception of the property to the East, on the North a Jewish Synagogue, on the West is the County line and people on the other side do not object to the application being granted, and the property on the East now have their property up for rezoning. The following objectors were heard: Dave Popper, Gene Essner and Frank Rotolante, that the County has proposed for long range planning this area as an estate area including the property for this rezoning. To change the zoning there is a requirement showing the change would be a benefit to the community. There has been no change of circumstances from a prior applica- tion that was denied. This would increase the pollution problem and a sewage problem. Sixteen petitions with a total of 280 names in objection were received. However, public notices for the 300' radius were sent to 14 people. R. Jones Dade Co. objected. Mr. Keys, seconded by Mr. Shaw, moved ti1at the Planning and Zoning Board recommend to the City Council that the application be approved. Polled: Yes, 6; No, 5. **** The Chairman appointed the following committee for the interim zoing on Parcels known as #3 and #4: John Brau, Chairman, C. R. Gibbs and Tom Foster. Report to be submitted to the Board at the next regular mee-ting. **** Mr. Brau was appointed as a committee to submit a formal recommendation to the Board regarding khe numbering of hearings; decisions etc. 3 12-10-63 **** Mr. Keys asked Mr. Bach to bring to the attention of the Public Works department, the sanitation problem at Kwik Chek store, garbage being strewn around on Sundays all thru the area. Also the problem of the incineration, for which they have a permit according to Mr. Back. **** Information was given the Board the City Manager reported to the Police Department the problem of the parking situation on 76 Street and 59 Avenue. **** Mr. Paden spoke in connection with the number of parking spaces for these apartment houses. The County is now requiring l~ space for each unit, however it is felt we should have l~ spaces for each unit, and Mr. Paden was requested to put this into a formal recommendation to the City Council, said recom- mendation be made available at the next regular meeting of the Board. **** Mr. Shaw spoke on petitions that we weigh the positions of tile street address in relation to the subject property, and the residents of South Miami area. **** There being no further business before the Boa,.d, meeting adjourned at 10:30 p.m., upon motion duly made, properly seconded and carried. L1. 12-10-63 -........... ~~~ ...... --I:.I:--.. ---- Mr. Keys , Chairman, submitted the following report: It is recommended by the Comm i ttee that the Planning and Zon i ng Board recommend to the City Council that they enact an ordinance i n reference to Section 20-22, paragraph 1, a nd Section 20 -22.1 , setting forth that every use permitted in the preceding RU zoning be permitted in C-l zoning. Mr . Keys, seconded by Mr. Vini ng, moved t :,at the report of the committee be adopted by the Board. Polled: Yes , 10, Abstained 1 * * * * * * * * * * * * o Mr . Foster , seconded by Mr . Brau, moved that the P lanning and Zoning Board request the City Council to direct the City ---- Manager to inve stigate the enforcement of the sign ordinance, particularly in cases of non -conforming signs, where no bu ild - ing permit has been issued; also the possibility of using police patro l cars to check the proper display of bui l ding permits at the sites during sign construction. Po lled : Yes, 11 . * * * * * * * * * * * * May 28, 1 963 Mr. F oster, seconded by Mr . Hardeman, moved that the Planning and Zoning Board r ecommend t o the Ci ty Council that the Zon in g Ordinance be amended to require that the lot frontage require- ment be measured at the zoned building l ine, rather than at front property line. This wou l d insure fair spacing of houses in area where the sid e property l ines are not para llel. Polled: Yes, 11 ; No, O. Mr. Foster, seconded by Mr . Brau, moved that the P lanning and Zoning Board recommend to the City Council that an ordinance be drawn and passed, requiring sidewalks, curbs and gut~ers, on all properties t hat are deve l oped as RU-4 sites. This wou l d apply to apartment houses t .l at a re constructed afte r the adoption of the ordi nance by variance or special use permits or . on property zoned RU -~. ¥rr. Keys, seconded by Mr . Brau, moved to amend the motion to include RU-3 and RU-4B. Pol l ed on amendment: Yes, 9, No, O . Polled on motion as amended: Yes, 8; No, 1 . * * * * * * * * * * * * June 11, 1 963 Mr. Brau, seconded by Mr. Keys, moved that in c l a rification of the matter of Amer ican Townsites and that area bounded by 5 9 Avenue on the East, 62 Avenue on the West , 7 6 Street on ·the South, and US #1 Highway on Northwest , it be so noted t hat the Board out of committee, recommends to the City Council that the zoning rema i n as is. Polled : Yes , 6; No, 1 ; Absta i ned , 1 .