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PB MINS 07-13-04 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 13, 2004 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:47 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Gibson, Mr. Comendeiro, Mr. Liddy, and Mr. Illas. Board members absent: Mr. Mann. City staff present: Don O’Donniley (Planning Director), Sanford A. Youkilis ( Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Administrative Matters Mr. O’Donniley reported back to the Board about the interpretation of the LDC regulations applicable to Item No. PB-04-007 Natural Chicken Grill 5850 Sunset Drive. He first noted that this restaurant is in the “SR” district and that the Land Development Code (LDC) specifies in Section 20.3.4 (B)(4)(d) that a restaurant in this district may only occupy a maximum of 25% of the ground floor area of the building. However, when planning staff reviewed again the item they found a provision in the Hometown District Overlay Ordinance in the LDC section 20-7.2(B) which provides that the Hometown District regulations shall control if there is a conflict. He clarified to the Board members that his interpretation of the aforementioned provision is applicable because there is a conflict between the zoning district of “SR” and the Hometown District Overlay. He explained that Planning Board Meeting July 13, 2004 Page 2 of 10 the underlying zone district, the “SR”, would be superceded by the Hometown District Overlay. He explained that in the Hometown District Overlay there exists no provision of a maximum percentage that can be used for a ground floor restaurant, therefore, the provision of 25% of the ground floor area would not apply to the item PB-04-007. Chairman, Mr. Morton inquired about the status of the proposed mortgage office building located at 5820 SW 40th Street. He stated that the property had been cleared and he was interested to know what has been occurring with that property. Mr. Youkilis reminded the Board members that earlier this year they had review this item. He summarized the item by saying that the applicant intended on replacing the existing one-story building with a proposed two-story building (mortgage banking use), however, the applicant can not replace the building unless he uses the exact footprint. Mr. O’Donniley added that the City Attorney ruled that construction of the office building had to be limited to the exact footprint that meant that an addition of a second floor is considered an expansion of a non- conforming use, which is not permitted. Mr. O’Donniley finished by saying that the applicant has been informed of the City Attorney’s ruling. The final administrative matter discussed was the topic of confirming the dates for the next Planning Board meetings. Mr. Youkilis informed the Board members that the next meetings would be held on August 10 and August 24. In addition, he made an announcement that in September the Planning Board meetings may have to be re- scheduled due to the fact that the City’s Budget Hearings are tentatively being scheduled for September 14 and September 28. If this is the case, he advised the Board members to decide upon selecting Monday, September 13 and Monday, September 27 as their dates for the Planning Board meeting. Mr. Morton suggested if not too many items were being heard for each meeting, then to consolidate the meeting into one. Mr. Youkilis advised that a decision did not have to be made about at this time. IV. Planning Board Application / Public Hearings PB-04-008 Applicant: James Denman Location: 8280 SW 59 Avenue Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-3.6(B)(7) OF THE LAND DEVELOPMENT CODE TO ALLOW THE AIR CONDITIONING EQUIPMENT SETBACK (WEST SIDE) TO BE 2.5 FEET FROM THE PROPERTY LINE WHERE A MINIMUM OF 5 FEET IS REQUIRED ON PROPERTY WITHIN AN “RS-3” SINGLE-FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 8280 SW 59 AVE., SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 29, 30, BLOCK 4, “SEAVIEW PARK AMENDED SUBDIVISION” PLAT BOOK 17, PAGE 80; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Morton read the item into record and Mr. O’Donniley presented the staff report. He explained that the applicant is requesting approval of a variance from Section 20-3.6(B)(7) of the LDC to allow an air conditioning equipment / concrete deck to be Planning Board Meeting July 13, 2004 Page 3 of 10 setback only 2.5 feet from the property line, where a minimum of five feet from the property line is required. He stated that when planning staff went to the property for a zoning field examination they found that the a/c pad and the condensing units had encroached in that required setback. Additionally, Mr. O’Donniley explained that the staff was recommending denial of the variance request for the following reasons: • The applicant’s position is that being a corner lot is a hardship. This is not an appropriate claim in that this is a newly constructed building and there was ample opportunity at the design stage to meet all required setbacks. • The applicant’s claim of hardship has been brought about by actions of the applicant / property owner. • The proposed variance, if granted, would confer on the applicant a special status not being made available to other properties in the immediate vicinity. At this point, Mr. Morton opened the Public Hearing Applicant: James Ron Denman (Homeowner/applicant) John Micali (representative) Name Address Speakers: Wayne Mitchell 5911 SW 83 St Supported application Mr. Micali explained to the Board, as stated in his letter of justification, that this error was made because the permit drawings did not show the A/C unit to scale, thereby causing the mistake in location. He believed, as well as the applicant, that moving the A/C unit to the rear yard would make it more visible to the neighbors because it is a corner lot. Mr. Denman said that the current location of the A/C equipment is only visible to the west side neighbor. Additionally he stated that due to the lot being a corner lot, moving the units to the reason of the property would be the only area that would comply with the setbacks. This location would then encumber a large area of the back yard due to the height requirement of the pads. But far worse is the fact that the units would be visible to the north neighbors as well as the west neighbor and visible from SW 59th Avenue. Mr. Denman finished by saying that if he needed to put additional foliage in order to hide the unit further, he would do so. Mr. Mitchell is the west side property owner testified that the variance should be approved so that the unit can remain in the existing location. The Board and staff discussed the item. Some Board members inquired if this variance request were granted would it set a case for precedence for other properties owners. Mr. O’Donniley responded by saying that all variances are judged on a case-by-case basis. Motion: Mr. Illas made a motion to approve the requested variance application. Mr. Comendiero seconded the motion. The motion was approved by the following vote: Planning Board Meeting July 13, 2004 Page 4 of 10 Vote: Ayes 6 Nays 0 PB-04-009 Applicant: Lewis Feldman Location: 7090 SW 59th Place Request : A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.3(D) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A PHOTOGRAPHIC STUDIO IN THE “MO” MEDIUM-INTENSITY OFFICE ZONING USE DISTRICT SPECIFICALLY LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR AN EFFECTIVE DATE. Note: Chairman Morton informed the Board and staff that he would recluse himself from this item because he may have a potential professional involvement with this project in the future. He turned the gavel over to Board Vice-chair, Mr. Illas. Action: Mr. Liddy read the item into the record and Mr. O’Donniley presented the staff report. He explained that pursuant to Section 20-3.4 (A) of the Land Development Code (LDC) the applicant is requesting a Special Use Approval to operate a photo studio at 7090 SW 59th Place. The proposed use is located in the “MO” Medium Intensity Office Zoning Use District. A photographic studio is permitted with Special Use Approval. The proposed use must meet the requirements for special uses contained under Section 20-5.8 Special Use Approval of the LDC. The applicant will be occupying the north half (1200 sq. ft.) of a one-story building (2922 sq.ft.) at the above referenced location for a photographic studio. The other half (front) of the building is occupied by a non-conforming pool sales and service business. Mr. O’Donniley added that the site faces a 5 story office building on the south (TODD-MU-5), a one story office building to the north (MO), and the Metro Rail station garage to the east (PI). A four-story hotel is located to the west (MO). He further stated that a total of 10 parking spaces are required for both uses in the building. The applicant’s submitted site plan appears to indicate 12 spaces. The submitted site plan must be revised in order to show specific dimensions for each space and the parking area should be re-striped. Finally, Mr. O’Donniley indicated that he recommends approval of the application with the following conditions: 1) The applicant shall provide a revised site plan showing the actual dimensions of parking spaces and driveways prior to the application being forwarded to the City Commission; 2) The parking lot is to be re-striped in accordance with the revised site plan; 3) If the subject use is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Planning Board Meeting July 13, 2004 Page 5 of 10 At this point, Mr. Morton opened the public hearing. The Board, applicant, and staff discussed the request. Board member Mr. Liddy asked Mr. Feldman how heavy is their traffic load on a daily basis? Mr. Feldman responded daily they have about 10 customers come into their studio. In addition, the only deliveries they received were from the U.S. Postal Service and UPS. Ms. Gibson inquired about the re- striping of the parking spaces because it appeared to her to be quite small. Mr. Spiegel said that he would be willing to re-stripe and that it will be shown on a revised site plan. Applicant: Lewis Feldman (President of Fine Arts Studio, Inc) Robert Spiegel (Owner of property) Motion: Ms. Gibson moved for approval with the following conditions as recommended by staff: (1) The applicant shall provide a revised site plan showing the actual dimensions of parking spaces and driveways prior to the application being forwarded to the City Commission; (2) The parking lot is to be re-striped in accordance with the revised site plan; (3) If the subject use is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Mr. Illas seconded the motion. The motion was approved by the following vote: Vote: 5 Ayes 0 Nay 1 Recluse (not-voting) (Mr. Morton) PB-04-010 Applicant: Jose Gonzalez Location: 6706 SW 67th Ave. Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20-4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 6706 SW 67 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN “RS-1” ESTATE RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. Note: Chairman Mr. Morton returned to the meeting. Action: Mr. Comendeiro read the item into the record. Mr. O’Donniley presented the staff report. He explained that the applicant has submitted an application for Waiver of Plat in order to divide a 2.23 acre tract of land described as property Folio 09-4026-008-0010 Planning Board Meeting July 13, 2004 Page 6 of 10 located at 6706 SW 67th Avenue. The applicant wishes to divide the tract into Parcel 1 with 48,164 square feet of lot area and Parcel 2 with 49,188 square feet of lot area. Both parcels would face SW 67th Street. Mr. O’Donniley stated that in addition to having meet minimum zoning standards, waiver- of-plat applications are to be reviewed by the Planning Board and City Commission on the basis of neighborhood compatibility. (He also made the following staff observations: (1) The proposed waiver of plat would create two single residential properties, zoned RS-1 “Estate Residential”. Both of the proposed parcels exceed the RS-1 minimum required lot size and street frontage. (2) The applicant’s submitted site plan shows a new single family home on each parcel. All of the existing structures currently on the site are to be removed. Most of the existing trees and other landscape features will be saved. The frontage of the property on SW 67 Ave. has an unusual sunken pedestrian walking area. The applicant should be required to build a sidewalk along the frontage of the two parcels facing SW 67th Street. The approval of the waiver of plat should include as a condition the approval of the submitted site plan with the addition of the pedestrian sidewalk. (3) The property is across the street on the east side from a PUD-R zone (Davis Gardens); south is the RS-2 zone (single family); north / west is the RS-1 zone (single family). (4) An analysis of the size of 44 surrounding lots within the standard 500-foot radius indicated that both parcels would be larger than 84% of the surrounding comparable single-family home sites. (PUD-R site not included). The proposed parcels are larger than all the other surrounding single family building sites in the RS-2 and RS-3. Within the RS-1 zone district Parcel 2 will be larger than 61% of the sites and Parcel 1 will be larger than 46% of the sites in that district. (5) The new building sites created will be free of any encroachments, which could impact construction or dimensional requirements. The Board, applicant and staff discussed this request. The applicant stated to the Board that he preferred to repair the sidewalk on SW 67th Avenue, rather than create a new sidewalk on SW 67th Street. Board member Ms. Yates stated that she considered it important for every major roadway to have a sidewalk. The Board and staff also commented on the possibility of raising the sidewalk higher. At this point, Mr. Morton opened the public hearing Applicant: Jose Gonzalez Speakers: NAME ADDRESS Manny Mora 6761 SW 68th Street Supported application Planning Board Meeting July 13, 2004 Page 7 of 10 Mr. Mora stated he did not have any objection with the waiver of plat. However, he did not agree with creation of a new sidewalk on SW 67th Street. Chris Kursner Neutral Ms. Kursner indicated she considered the guardrail on SW 67th Avenue of great importance and indicated that if it were removed, in order to put a wider concrete sidewalk then the beauty of the area would be ruined. In addition she said she would like to see the area surrounding the sidewalk cleaned up. Finally, she stated her preference for the construction of one house on the property. David Tucker, Sr. 6556 SW 78th Ter. Supported application Mr. Tucker spoke about the Board’s consideration for raising the sidewalk on SW 67th Avenue; he stated the importance of having drainage for the area if that were done. Martha Gonzalez 6740 SW 67th St. Supported application Ms. Gonzalez stated she would like two houses built on the property and disagrees with the creation of the sidewalk on SW 67th Street. She noted that SW 67th Avenue really needs improvement. Karen Sevald 6706 SW 67th Ave Supported application Ms. Sevald (current owner) informed the Board that a natural sink whole was converted into what now is the pond/pool and grotto. The Board, staff, and applicant discussed the site plan because it appeared on the site plan that the pond was being removed. The applicant clarified that he intends on keeping the pond. Staff then concurred with the Board that the most appropriate pedestrian walkway reconstruction to be required of the applicant would be along SW 67th Avenue (Ludlam) side of the property. Motion: Mr. Comendeiro made a motion to approve the waiver of plat with the following conditions: (1) All non-conforming yard features are to be removed prior to any new construction; (2) The applicant must replace the current pedestrian walkway on the west side of SW 67th Avenue with a bike-path built to County standards; Ms. Gibson seconded the motion. Vote: Ayes 6 Nays 0 Planning Board Meeting July 13, 2004 Page 8 of 10 Applicant: Dr. Arthur Colsky PB-04-011 Location: 6230 SW 70th Street Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN “RO” RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. Note: At this time, Mr. Illas informed the Board with regards to Item PB-04-011, he would recluse himself from voting. He explained that as a realtor he had assisted in the closing for the purchase of the property. Mr. O’Donniley concurred that it was appropriate for him to recluse himself. Action: Mr. Morton read the item into the record. Mr. O’Donniley presented the staff report. He explained that the applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated “RO” Residential Office Zoning Use District. Additionally, Mr. O’Donniley stated the parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for commerical offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for mist professional and business offices at a formula one space for each 250 sq. ft. of gross floor area. Offices such as medical, dental, or other health related uses would not be able to locate in this building due to a higher number of spaces required. He also noted that the applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. Planning staff recommended that the two requested variances for 6230 SW 70th Street be approved subject to the following condition: commerical offices including but not limited Planning Board Meeting July 13, 2004 Page 9 of 10 to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. At this point, Mr. Morton opened the public hearing. Applicant: Arthur Colsky (Owner) The Board, staff, and applicant discussed the request. The applicant stated that the property will not be used for medical purposes, instead it will be used as an office. He plans on improving the appearance of the property with landscaping materials and will save the two large oak trees, which are shown on the site plan. Furthermore, Mr. Colsky stated that he had no objection to adding turf blocks to the property. Mr. O’Donniley commented he had an e-mail which he needed to enter into the record. This email was written by Beth Schwartz, who is a neighbor located two houses away from the 6230 SW 70th Street. She indicated in her email that any consideration of the variance request should be based upon requiring the implementation of the Parking Study for the street.. She further explained in her e-mail that neighbors would like to request a small raised and landscaped culdosac which could be placed adjacent to the newly relocated do not enter signs. This culdosac would allow for commerical parking on the east side in a semi circular fashion as to provide for maximum parking spaces, and a moderately landscaped greenspace area on the west side for the many residents who walk. Speakers: NAME ADDRESS Dean Whitman 6259 SW 70th Street Opposed application Mr. Whitman strongly opposed the application. He provided the Board with an article from the Miami Herald. Furthermore, he voiced his opinion about traffic problems in the area and his disagreement with the requested variance. After hearing a summary of Ms. Schwartz’s email Ms. Yates recommended that in the future the Parking Study be further review by Planning Staff. In addition, Board member Ms. Gibson informed the Board that the property was formally used as a day care center classroom. Mr. O’Donniley stated perhaps that it was for that reason that the “RO” zoning was designated. Board member, Mr. Comendeiro was concerned of the possibility of a day care being opened on that property. Mr. O’Donniley asked the applicant, Dr. Colsky if he had any objections to specifically eliminating day care as a potential use. Dr. Colsky had no objection. Therefore, the following amended motion was passed. Motion: Ms. Gibson moved and Ms. Yates seconded a motion to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. Planning Board Meeting July 13, 2004 Page 10 of 10 The motion was approved by the following vote: Vote: Ayes 4 Nays 1 ( Mr. Liddy) Recluse 1 (non-voting) (Mr. Illas) V. Planning Board Work Program Continuation of review of Land Development Code Part I Revised (Sec. 20-2)” “ “Chapter II – Zoning Districts / Permitted Uses Action: The work program was postponed. VI. Remarks No remarks were said. VII. Approval of Minutes Action: The Board duly voted on and approved the minutes of June 15, 2004, as submitted. Vote: Ayes 6 Nays 0 VIII. Next Meeting Action: Mr. Youkilis informed the Board the next Planning Board meeting was scheduled for August 14, 2004. IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 10:00 PM. DOD/SAY /pel K:\PB\PB Minutes\2004 Minutes\MINS 7-13-04.doc