5743 SW 76 TERR PB-87-030 ZONING CHECKLIST
PLANNING BOARD
ITEM DATE BY
1. Application for PB - +--_..-------____�� �'a� ______�.��-�����" _..
2. Survey of Iroperty CO
30-Lo—catio-n- -m, p --300 r--Radius
-OOLQ
5. D Ta w I ng s6. Zoning Review Sheet
7. Fee Paid
8. List of Property Owners
A A2�n
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9. Model
10. Notice of 1;uTITc Hearing
11. Advertise-Legal Notice--'-----
1.2. Post Property
13. Inspect Site
to
14. Signature Sheet —-----------
15. Notify Applicant of Hearing
16. Proof of Publication
17. Staff Report
18. Request on Agenda
19. Copy of Agenda to Applicant
20. PB Minutes
21. PB Resolution to Applicant
22. Copy of Resolution
23. CC Ordinance 1st Reading
24. CC Ordinance 2nd Reading
25. Res-cd—ut
City of South Miami
INTER—OFFICE MEMORANDUM
Tot Marien Aran-Spinrad DATE: N6vember�,6:,x.1987
Director , Building, Zoning
and Community Development
FROM: SUBJECT: Staff Report on
David Henderson Public Hearing PB-87-030 .
General Data
Applicant : Mark Michaelson
Request PB-87-030 Variance to allow a rear setback of 7 feet
instead of the required 10 feet for a
swimming pool enclosure.
Location: 5743 SW 76 Terrace
Legal Description: Lot 3 , Block 1 , Sara Park
Subdivision PB-131
Background
South Miami Zoning Ordinance requires that all pools be either
entirely screened in or surrounded by a protective wall or fence
four (.4) feet in height (please see attached zoning ordinance
Section 8-4-2) .
On September 17 , 1987 , building permits numbered 3701 and 3702
were issued for. construction of a fence, pool , deck and walkway
at the residence of Mark Michaelson, 5743 SW 76 Terrace . The
plans for this work show a wall to be built along the east and west
property lines . Gates are to connect. the walls to the house to
the south. A chain link fence exists along the north property
line . The pool will be completely encircled by these walls , gate
and fencing and will be in compliance with South Miami Zoning
Regulations .
On October 12 , 1987 , Mark Michaelson applied for a variance to
permit construction of a screen enclosure over the pool which would
have -a rear setback of 7 feet instead of 10 feet as required by
Zoning Ordinance Section 8-4-2 . 01 .
Planning Board Staff Report -2- November 6 , 1987
PB-87-030.
Analysis
The Applicant proposes the screen enclosure to be built along the
edge of the existing pool deck. The edge of the pool is twelve
feet from the rear property line. The pool deck is five feet
wide and the remaining seven feet is grass . Were the proposed
screen enclosure to conform with the required setback, a space
of two feet would exist between the north edge of the pool and the
screen. Mr . Michaelson feels that this width is inadequate for
the proper use of the pool deck.
The Applicant feels that the screen enclosure is needed because
the rear doors of the house do not have a screen component . The
Applicant has expressed a preference for cooling his house with
fresh air instead of air conditioning and would prefer that these
rear doors could stand open.
Recommendation
Staff does not feel that the Applicant has expressed a legitimate
hardship and recommends disapproval .
DH/am
October 12, 1987
"LETTER OF INTENT"
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
RE: Michelson - Variance Request Lot 3 Block 1
Sara Park Subdivision
Dear Sir or Madam:
In reference to the above captioned Request for a Zoning
Variance, please be advised that the hardship that exists is as
follows: The house was built with all French doors facing the
rear of the property which is in the direction of the pool. The
pool has a distance of 12 . 5 feet between its most Northern edge
and my rear property line. There is presently 5 feet of decking
which continues North from the most Northern side of the pool.
That leaves a distance of 7 .5 feet from the edge of the pool and
deck to the rear property line. It is my intention to put a
screen enclosure extending from the house to the end of the
decking so that it would be possible to open up the French doors
which otherwise have no screen protection. without a variance
being granted, I would only have a space of approximately two
feet from the edge of the pool to the wall of screen, rendering
the entire north side of the pool useless.
By way of this variance it is my hope to be able to have the
screen enclosure cover the entire five feet of decking. The
requested variance seeks a rear set back allowance of 7 feet
instead of the existing 10 feet in order to gain full use and
enjoyment of the house and simultaneously maximizing the
aesthetics of the pool/deck area. If any additional information
or explanation is needed, please let me know so that this can be
immediately relayed to you.
Very truly yours,
J'C
Mark D. Michelson
YARDS, GZNHRALLY j,I(Continu's d)
t
$-4-2 Swimming Foo�.s . ,
(71 . 01 Swimming pools open and unenclosed, or covered by a
screen enclosure or as screen enclosure not covering
a swimming pool, may occupy a required rear or side, '
yard provided;
(a) The total ground coverage of the house and
Pool shall not exceed 40% of lot or lot areas .
(b) Minimum front setback shell be in the rear of the
front building line .
(c) Mir.- mina siege setback shall be 10 feet each side
from lot line.
(d) Minimum rear setback shall be 12. ,E feet from
rear lot line.
(e) A walk space at least 18" wide shall be provided
between pool walls and fences or screen enclosure
walls.
(f) All setbacks shall be measured from the outside
wa' 1 of the swimming pool nearest the property
line in question.
'l (g) if a swimming ppol is enclosed, the screen
enclosure shall observe a rear setback of 10
feet and a side setback of 7. 5 feet.
. 02 Pool enclosures ; requirements for protective fence or
wall .
(a) Height of Protective wall or 'fence. -- Unless the
Pool is entirely screened in, it must be surrounded
by a protective wall or fence four feet in height .
(b) Structures not considered Pools . --• For the purpose
of definition, a pool type structure less than
eighteen inches in depth and less than, two hundred
and fifty square feet in water surface area shall
not , for the purpose of this ordinance (chapter) be
cons .dered -a pool .
(c) Approved type enclosuresa
1 . Chain link wire fencing shall be at least eleven
gauge galvanized wire with a maximum distance
between wires of two inches .
2 . Any enclosure, other than the standard chain
C-) link type, shall be shown in complete detail, on
plans submitted for building permit . Such detail
is to include spacing between the vertical and
Revised : 4/1/30 66 -
YARDS, GENERALLY j,(Continuid)
8-4-2 Swimming Poole '
. 01 Swimming pools open and unenclosed, or covered by a
screen enclosure or a screen enclosure not covering
a swimming pool, may occupy a required rear or side
yard provided:
(a) The total ground coverage of .the house and
Pool shall not exceed 40% of lot or lot areas.
(b) Minimum front setback shall be in the rear of the
front building line.
(c) Mir.-;mum side setback shall be 10 feet each side
from lot line .
(d) Minimum rear setback shall be 12.5 feet from
rear lot line.
(e) A walk space at least 18" wide shall be provided
between pool walls and fences or screen enclosure
walls .
(f) All setbacks shall be measured from the outside
wa' 1 of the swimming pool nearest the property
line in question.
(g) I£ a swimming pool is enclosed, 'the screen
enclosure shall observe a rear setback of 10
feet and a side setback of 7 . 5 feet .
. 02 fool enclosures ; requirements for protective fence or
wall .
(a) Height of Protective wall or 'fence. --- Unless the
pool is entirely screened in, it must be surrounded
by a protective wall or fence four feet in height .
(b) Structures not considered pools . -•- For the purpose
of definition, a pool type structure less than
eighteen inches in depth and less than two hundred
and fifty square feet in water surface area shall
not , for the purpose of this ordinance (chapter) be
cons .dered `a pool .
(c) Approved type enclosures :
1 . Chain link wire fencing shall be at least eleven
gauge galvanized wire with a maximum distance
between wires of two inches .
2 . Any enclosure, other than the standard chain
link type, shall be shown in complete detail on
Plans submitted for building permit. Such detail
is to include spacing between the vertical and
Revised : 4/l/30 66 °•
m
construction
F0117P0111 J
May 28, 1987
Cory Associated Industries
P.O. Box 100489
Ft. Lauderdale, Florida 33310-0489
Attn: Ms. Debbie 111orse
Dear Ms. Morse:
This will confirm our agreement that Shannon construction will
write joint checks to Allier. Roofing and Gory Associated .Ind.us-
tries for the white cement the at Sara Park Project for the
following residences:
• Lot 1 - 5793 S•'I-1 76th Terrace
Xf 2 - 5773 S.W. 76th Terrace > 114 a
3 - 5743 '-'H. 7 6-th Terrace > 1114-&K
4 - 5723 S.W. 76th Terrace j C�6iso,- -- Na e_-&-'q A zca(,,-,_
5 - 5700 S. 76th Terraced
6 - 5724 S.!;. 76th Terrace> .sr vvGr'— .--i--
:, 7 - 5744 S.W. 7/6th Terrace> /1—r �
—L a
%tuh Terrace,>.1'i/c/ 4eo-+- /"/F2✓C7�C
9 - 5794 .°:', 76th Terrace
If you have any further questions, please contact us immediately.
Sinc-rely,
i miliano Sa ,mell.
President
cc: Len-Jac i;orporation
Allier :IoofinC
414< MA not v``4I
366 Minorca Avenue / Coral Gables, Florida 33134 / Telephone (305) 443-1381
October 12, 1987 °
"LETTER OF INTENT"
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
RE: Michelson - Variance Request Lot 3 Block 1
Sara Park Subdivision
Dear Sir or Madam:
In reference to the above captioned Request for a Zoning
Variance, please be advised that the hardship that exists is as
follows: The house was built with all French doors facing the
rear of the property which is in the direction of the pool. The
pool has a distance of 12 .5 feet between its most Northern edge
and my rear property line. There is presently 5 feet of decking
which continues North from the most Northern side of the pool.
That leaves a distance of 7 .5 feet from the edge of the pool and
deck to the rear property line. It is my intention to put a
screen enclosure extending from the house to the end of the
decking so that it would be possible to open up the French doors
which otherwise have no screen protection. Without a variance
being granted, I would only have a space of approximately two
feet from the edge of the pool to the wall of screen, rendering
the entire north side of the pool useless.
By way of this variance it is my hope to be able to have the
screen enclosure cover the entire five feet of decking. The
requested variance seeks a rear set back allowance of 7 feet
instead of the existing 10 feet in order to gain full use and
enjoyment of the house and simultaneously maximizing the
aesthetics of the pool/deck area. If any additional information
or explanation is needed, please let me know so that this can be
immediately relayed to you.
Very truly yours,
Mark D. Michelson
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'CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT AS (OWNER, TENANT, AGENT, ETC. SPECIFY)
MARK D. MICHELSON OWNER
ADDRESS of AP�/43
W. 76 Terrace Miami FL TE 33143 M-�1325
OWNER DATE OWNERSHIP OF PROPERTY OBTAINED
MARK & ILIANA MICHELSON August 6, 1987
ADDRESS OF OWNER CITY STATE ZIP PHONE
5743 S.W. 76 Terrace Miami FL 33143 255-1325
IS PROPERTY OPTION OR CONTRACT FOR PURCHASE? MORTGAGEE IS NAME AND ADDRESS
YES X NO Same as Above
IF APPLICANT 15 NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO
N/A
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOT(S) 3 BLOCK 1
SUBDIVISION SARA PARK PB 131
METES AND BOUNDS
SIZE" OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING R,WIS
ADDITIONAL DEDICATIONS PROPOSED STRUCTURES.LOCATED ON PROPERTY
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING EXCEPTION OTHER (SPECIFY)
X
VARIANCE AMEND SECTION OF CODE
PRF_:.iENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED
EXPLANATION OF ABOVE
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION. )
CERTIFIED SURVEY SITE PLAN PHOTOGRAPHS
X STATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND BELIEF.
SIGNATURE
FOR OFFICE USE ONLY
DATE OF HEARING _ HEARING NO. _
P8e1100-2I REV. 3-12-" DATE FILED
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APPLICANT: Mark D. Michelson /
OWNER: Mark D. Michelson
MAP REFERENCE : 5743 SW 76 Terrace Compass
COMMENTS : Variance to allow a swimming pool screen enclosure Scale —!" -10.01
1"_ :. . . . .10.0'
Da t e . Qctober 15,,,1 87
Drn . DL. . .Chk . . . . .
CITY Y OF 50U i H M19MI Pa PLANNING DOA RD Flearing No.�B-87-03�
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THE CITY OF
sout4
i
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143
PUBLIC SERVICE
DEPARTMENT �2 0
v
Z O N I N G P E T I T I O N
Property Description, Location and Legal:
5743 S.W. 76 Terrace
Lot 3 of SARA PARK according to the plat thereof,
as recorded in Plat Book 131, Page 20, of the
Public Records of Dade County, Florida.
Request : The Owners of the above property have made the following request :
VARIANCE TO ALLOW A SWIMMING POOL SCREEN ENCLOSURE
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request .
NAME A A DATE ADDRESS
- - - - - - - - - - - - _
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PW5 0-37 (continued on page .2) Pagel
Z O N I N G P E T I T I O N
(continued)
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request .
NAME D ( ADDRESS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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PW50-37 Page 2
City of Soud-1 m4wli
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, November 10 , 1987 , at 7 : 30 p.m. , at the Sylva
Martin Building, 6130 Sunset Drive, the Planning Board of the
City of South Miami will conduct the following Public Hearings:
PB-87-022
Applicant: Kay Byrne
Request: Amend the Comprehensive Plan in its Land
Use Element, page L-49 to change certain
properties from "High Density Residential"
to "Office" use.
Location: 5801 and 5823 S.W. 74 Terrace.
Legal Description: Fairglade Manor lot 6 , Block l plus East
10 feet of lot 5, Block 1, PB 45/79 and
Fairglade Manor lot 5, Block 1 less East
10 feet PB 45/79 .
PB-87-022A
Applicant: Kay Byrne
Request: Change the zoning of certain properties
from "Low.-Density Single-Family Residential"
(RS-3) to "Residential office" (R-O) .
Location: 5801 and 5823 S.W. 74 Terrace.
Legal, Description: Fairglade Manor lot 6, Block 1 plus East
10 feet of lot 5, Block 1, PB 45/79 and
Fairglade Manor lot 5, Block 1 less East
10 feet PB 45/79.
PB-87030.
Applicant: Mark D. Michelson
Request: Variance to allow a 7 foot rear setback
instead of a 10 feet for a swimming pool
screen enclosure.
Location: 5743 S.W. 76 Terrace
,Legal Description: Lot 3 Block 1 Sara Park Subdivision PB 131
YOU ARE mrRESY ADVISED THAT IF' ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIOERCO AT THIS MEETING OR HEARING9 SUCH PERSON WILL NEEr) A RE-CORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CCEDINGS IS MADEP WHICH RECORD INCLUDES THE. TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS To Be BASED. (F. S. 2116.0105)
,PUBLIC HEARING WILL' SE HELD IN'THE Sylva Martin Buildirij, CITY HALLV 6130 SUNSET ORIVE, SOUTH
MIAMI. FLORIDA, AT 'THE T!!Mr. AND DATE STATED-ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS 01" APPROVAL MAY BE MADE
04 PERSON AT THE HEARING OR FILED IN WRITING PRIOR 1-0 OR AT THE HEARING. THE BOARD RESERVES THE
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
tY'E AREA INVOL I VFD. THE SOARDtS RECOMMENDATION ON THIS MATTER WILL BE HEARD By THE CITY COMMISSION
AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
Z'
ONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
tjqQUIRY.
PLANNING BOARD
P58100-7 BZ REV. 17-9-81 "Irms IS A COURTESY 1140TICE
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CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT AS (OWNER, TENANT, AGENT, ETC. SPECIFY)
MARK D. MICHELSON OWNER
ADDRESS of APSM'- J1.W. 76 Terrace Miami FL TE 33143 F1'Nf325
OWNER DATE OWNERSHIP OF PROPERTY OBTAINED
MARK & ILIANA MICHELSON August 6, 1987
ADDRESS OF OWNER CITY STATE ZIP PHONE
5743 S.W. 76 Terrace Miami FL 33143 255-1325
IS PROPERTY OPTION OR CONTRACT FOR PURCHASE? MORTGAGEE IS NAME AND ADDRESS
YES X NO Same as Above
IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO
N/A
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOT(5) 3 BLOCK 1
SUBDIVISION SARA PARK PB 131
METES AND BOUNDS
SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING P/WIS
ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING EXCEPTION OTHER (SPECIFY)
X
VARIANCE AMEND SECTION OF CODE
PRESENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED
EXPLANATION OF ABOVE
THE FOLLOWING SUPPORTING DATA REQUIRED 15 SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION. )
CERTIFIED SURVEY SITE PLAN PHOTOGRAPHS
X .STATEp1ENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND BELIEF.
SIGNATURE
FOR OFFICE USE ONLY
DATE OF HEARING _ HEARING NO.
Paoioo-:I REV, 3-JZ-" DATE FILED _
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