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6562 SW 76 TERR PB-79-28 PLANNING ADVISORY BOARD HEARING: # �' a DATE: A f--/I NAME ADDRESS � s 65 PS B 100-22 A THE CITY OF ME AV 6130 SUNSET DRIVE, SOUTH MIAMI, FL.ORIDA 33143 t PUBLIC SERVICE DEPARTMENT Z O N I N G P E T I T I O N Property Description, Location and Legal : LOT 3 of BLOCK 5 of LUDLUM ESTriTES, according to the Plat thereof as recorded in Plat Book 60 at page 4 of THE PUBLIC RE ;OL: DS OF DADE COUITTY, FLORIDA. Property address : 6562 SW 76 Terrace Request : The Owners of the above property have made the following request : To Allow: 1. A 7.45 foot east side setback for a pool where a 15 foot setback is required. 2. A 4,45 foot east side setback for a .pool- screen where a 1.2 foot setback is required. 3. A 1-0 foot west side setback for a bedroom addition where a 1.5 foot setback is required, Petition : We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request . NAME DATE ADDRESS - - -- - - - - - - - - T - - - - --- - - - - - - - - !T//✓Q , mil.-//((�i"��""����--- ` _ _�/ VV - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY OF SOUTH MIAMI PLANNING BOARD NOTICE OF PUBLIC HEARING HEARING: ##79-20 DATE: October 30, 1979 TIME: 7: 30 P. M. APPLICANT: Blanca De Castelli &Sara Gutierrez Request: 1. Variance to allow 13 parking spaces where 16 are required. 2. Variance to permit a 141 8" front setback where 301 including zoned right-of-way is required. Legal Description: Lot 17 and lot 33, less the south 10 feet and lot 34, less the south 101 , W. A. Larkins Subdivision, PB 3/198. Location: 5864-72 Sunset Drive. PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAM19 FLORIDA, AT THE TIME AND DATE STATED ABOVE, ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MAC! IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COUNCIL WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR TH;? AREA INVOLVED. THE BOARDIS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COUNCIL AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF THE ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. RONALD K. SMITH, Chairman Planning Board THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW PSB100-7 REV. 5-6-70 ORGANIZATION OF THE PLANNING BOARD UNDER THE CODE OF ORDINANCES OF THE CITY, THE PLANNING BOARD ACTS ONLY AS A RECOM- MENDING OR ADVISORY BODY TO THE CITY COUNCIL. THE ACTIONS OF THE BOARD ARE SUBJECT TO THE FINAL APPROVAL OF THE CITY COUNCIL. ALL MEETINGS OF THE BOARD ARE OPEN TO THE PUBLIC AND FOUR MEMBERS PRESENT CONSTITUTES A QUORUM. THE BOARD IS REQUIRED TO TAKE MINUTES OF ITS PROCEEDINGS AND THE VOTE OF EACH MEMBER IS RECORDED. THE PUBLIC HEARING BEFORE THE PLANNING BOARD IS A COURTESY PUBLIC HEARING FOR WHICH NO NOTIFICATION OR LEGAL ADVERTISEMENT IS REQUIRED. AS A MATTER OF CITY POI-ICY, NOTICES ARE MAILED TO AFFECTED PROPERTY OWNERS WITHIN A 500 FOOT RADIUS OF THE PROP- ERTY UNDER CONSIDERATION AT THE PLANNING BOARD HEARING. COURTESY SIGNS ARE POSTED ON THE PROPERTY UNDER CONSIDERATION FOR A 15 DAY PERIOD PRIOR TO THE ADVEPT:-ZU PUBLIC HEARING BEFORE THE CITY COUNCIL AND THE COURTESY PUBLIC HEAR- ING BEFORE THE PLANNING BOARD. J MINUTES OF A REGULAR MEETING PLANNING BOARD, CITY OF SOUTH MIAMI JANUARY 8 , 1980 The meeting was called to order at 7 : 33 P . M. by Chairman Smith . The Pledge of Allegiance to the Flag of the United States of America was followed by the roll call . PRESENT: Edward H. Coburn Dr . Ricardo McKinney Clyde McCoy Bernard Michelson Dwight Price Ronald K. Smith ABSENT: Lawrence Yarborough Mr . Carter McDowell , Director, Building, Zoning and Community Development Department , and Mr . Gilbert Russe, Building & Zoning Official , were also present . PUBLIC HEARING #79-20 Blanca De Castelli & Sara Gutierrez Request : 1 . Variance to allow existing 8 parking spaces where 16 are required . 2 . Variance to permit a 14 ' 8" front setback where 30 ' including zoned right-of-way is required . Legal Description: Lot 17 and Lot 33 , less the south 10 feet and Lot 34 , less the south 10 ' , W. A. LARKINS SUBDIVISION, PB 3/198 . Location: . 5864-72 Sunset Drive . Chairman Smith announced the public hearing was in session and asked if there was any one present wis"Ring to speak for -L". te:quest of the applicant . There being no one present wishing to speak for the request , Chairman Smith asked if there was any one present wishing to speak against the request of the applicant . Mr . Keith Priestley of 13507 N. E. 21st Court , Miami, Florida , President of Long' s Office Supply addressed the Board stating he objected to granting the request because of the serious parking problems in the area and suggested the owners of the property donate same to the City. Chairman Smith read into the minutes a letter from Nikki Beare dated December 28, 1979, signed by the owners of six surrounding businesses stating they requested the application be denied . Mr . McDowell informed the Board that Mr . 0 . .K. .J ou•s-4,pp- had called him this date and said the written easement had not. been sent out until the day before and that he would send someone to represent them at this meeting, however no one seems to be present . There being no one else caring to speak for or against the request , Chairman Smith deemed the Public Hearing closed . MOTION: By Mr. Michelson, seconded by Mr. Price, to recommend to the City Commission denial of the request for both variances . VOTE ON MOTION: Yes - 6 MOTION CARRIED. PUBLIC HEARING #79-28 S . .Michael Minton & Elizabeth D. Minton Request: 1 . Variance to permit a 7 . 45 foot east side setback for a pool where 15 foot is required. 2 . Variance to permit a 4 .45 foot east side setback for a pool where 12 foot is required. 3. Variance to permit a 10 foot west side setback for a bedroom addition where 15 foot is required. Legal Description: Lot 3, Block 5, LUDLUM ESTATES , PB 60/4 . Location: 6562 S . W. 76 Terrace. Chairman Smith announced Public Hearing #79-28 was in session and requested Mr. McDowell to read into the minutes Staff Recommendations for this hearing which he did, as follows . Variances #1 and #2 Strict interpretation of the variance definition in. the zoning ordinance, which states, "Recommendations for a variance shall be made only when it is necessary to relieve particular hardships or extraordinary conditions relating to a specific property . . ." , requires that the staff recommend disapproval of these variance requests . However, it appears that the 15 foot setback requirement may be unduly restrictive. This particular property is a standard 10, 000 square _foot lot, conforming to the RS-3 zoning requirements, yet the setback requirements make it impossible to build a standard 15 foot by 30 foot residential pool within the regulations . The existing regulations require all owners of similar property to either request one or more variances, or build a custom pool. In effect, the regulations seem to be forcing an unduly large number of persons to request variances to build standard pools . The ordinance itself seems to be causing a hardship, but not o individual' properties -- on all similar 10,000 square foot lots . Therefore, if it is intended that pools be allowed in the RS-3 district, as an accessory use, then it would seem advisable to consider amending the regulations so that variances are not required for a majority of such requests . However, based on the ordinance as it presently reads , the staff must recommend disapproval of these variance requests , even though all the immediately surrounding neighbors are all in favor of the requests . Page 2 - 1/8/80 jk Variance 463 In this instance, the fact that this is a corner lot appears to be creating a hardship. The 15 foot corner setback is designed to protect the visibility and the safety of the right-of-way. In this case there is more than ample visibility due to the low speed, residential nature of the street and the safety will not be further compromised due to an existing large tree between the proposed addition and the right-of-way. Staff recommends approval of the request, particularly in light of the neighbors ' approval . Chairman Smith asked if there was any one present wishing to speak for this request . Mr. and Mrs. Minton addressed the Board stating the reasons for their request for variances . A discussion was had and Mr. Minton stated he wished to amend variance 461 from 7 . 45 foot east side setback to 9.45 foot east side setback and amend . variance 462 from 7. 45 foot east side setback to 7 .45 foot east side setback which would give him. a 13 foot wide pool instead of 15 feet wide. Chairman Smith asked if there was anyone else present wishing to speak for granting this request . Mrs . Frances S. Jenkins of 6563 S. W. 77th Terrace addressed the Board stating she was in favor of granting the request of the applicants . Chairman Smith asked if there was any one present wishing to speak against granting the request . Mr. Ferris Thompson of 6523 S . W. 77th Terrace addressed the Board stating he objected strenuously to granting variances 461 and 462. Mrs . Cathy McCann of 5820 S. W. 87th Street addressed the Board stating she was neither for or against granting the request of the applicants but would like clarification of .the definition of a hardship stating that a hardship must be inherent in the land and should not be granted for economical reasons . There being no one else caring to speak for or against granting the request, Chairman Smith deemed the Public Hearing closed. MOTION: By Mr. McKinney, seconded by Mr. McCoy, .to recommend to the City Commission denial of variances 461 and 462 and granting variance 463. VOTE ON MOTION: Yes - 3 (Coburn, Price, McKinney) No - 3 (Michelson, McCoy, Smith) MOTION DENIED. Page 3 - 1/8/80 j PUBLIC HEARING 480-1 Robert & William Spiegel Request : 1 . Variance to permit eleven (11) parking spaces (3 being compact) where fourteen (14) spaces are required. 2. Variance to permit a five (5) foot setback on a portion of the front (east) side of the property where ten (10) foot is required . 3. Variance to permit a thirty (30) inch landscaping strip abutting alley where sixty (60) inches is required. Legal Description: South 110 feet of Tract 1 of Amended Plat of Commercial Larkins , PB 38/5. Location: 7090 S . W. 59 Place. Chairman Smith announced Public Hearing 480-1 was in session and requested Mr. McDowell to read into the minutes Staff Recommendations for this hearing which he did, as follows . Variance 1. Staff recommends approval of this variance. Staff has worked closely with the architect on this project and the present configuration of both building and parking provides the maximum number of spaces possible. Reducing, the size of the addition actually removes several of the parking spaces due to the structural supports for the building. Staff also feels that this request is reasonable because the new transit 'site is directly across the street . In fact , it is possible that we may want to consider establishing maximum parking allowances instead of minimum require- ments for areas immediately adjacent to the transit site. Variance 2 . Staff recommends approval of this variance. In effect , the new building does meet the 10 foot setback requirement . The only portion that encroaches on the setback is the stair tower. In this case, the tower provides for a visual connec.tion between the existing building and, the addition even though they are actually separate buildings . Therefore, based on the fact that the new building is farther back than the existing building, and the new configur- ation will greatly improve what might be considered an existing eyesore, the staff recommends approval. Variance 3 . Staff recommends. approval of this variance. In this instance, the existing lot is paved right to the lot line. Therefore, the new proposal is improving the existing condition and is providing the maximum amount of landscaping possible without removing required parking places . Chairman Smith asked if there was any one present wishing to speak for this request. Mr. Robert Spiegel of 12101 S.W. 100 Street addressed the Board explaining . the drawings for the structure to be built and the reasons for the request for variances . Page 4 - 1/8/80 jk Mr. William Spiegel of 10100 S . W. 125 Avenue and Mr.. Daniel . R. Braden, Architect, of 6341 Sunset Drive discussed the working drawings with the Board. There being no one else caring to speak for or against granting the request of the applicants, Chairman Smith deemed the public hearing closed. MOTION: By Mr. Coburn, seconded by Mr. Michelson, to recommend to the City Commission approval of the three variances requested as shown on the working drawings dated 1/8/80. VOTE ON MOTION: Yes - 6 MOTION CARRIED UNANIMOUSLY. EXECUTIVE SESSION: MOTION: By Mr. Price, seconded by Mr. McCoy, to approve the minutes of the meeting of November 27 , 1979 as read. VOTE ON MOTION: Yes - 5 Abstained - 1 (Michelson, was not present) MOTION CARRIED . Discussion was had concerning the City' s zoning regulations for swimming pools and the Board unanimously agreed to instruct Mr. McDowell to resubmit the recommendation to the City Commission requesting the City Commission to consider changing the swimming pool setback requirements as noted at the Planning Board meeting of June 26 , 1979 and asking that the requested changes< ,be placed- on the Commission Agenda as soon as possible. (See attached copy of motion made at the Planning Board .meeting of June 26, 1979) . There being no further business, the meeting adjourned at 8: 58 P. M. Page 5 - 1/8/80 jk EXCERPT FROM MINUTES OF PLANNING BOARD MEETING OF JUNE 26, 1979 MOTION: By Mr. Michelson, seconded by Mrs . Masters , to recommend to the City Commission changing the setbacks for swimming pools to a side setback of 10' to the water line and the rear setback to 1231' from the rear property line which will accommodate a 30" walkway leaving a side setback of 7' ' and a rear setback of 10' if a screen enclosure is installed. VOTE IN FAVOR OF MOTION: Yes - 4 (Michelson, Price, McCoy, Masters) No - 1 (Smith, because he favored a 10' side setback and a 10' rear setback from the property lines. ) Absent - 2 (Coburn, Yarborough) MOTION CARRIED. NOTE: The Minutes of the meeting of June 26 , 1979 were approved as read on July 10, 1979. CITY OF SOUTH MIAMI PLANNING BOARD NOTICE OF PUBLIC HEARING HEARING: #79-28 DATE: January 8, 1980 TIME: 7 : 30 P— M. APPLICANT: S. -Michael Minton & Elizabeth D. Minton Request : 1 . Variance to permit a 7 . 45 foot east side setback for a pool where 15 foot is -required . 2 . Variance to permit a 4 . 45 foot east side setback for -a pool screen where 12 foot is required. 3.. Variance to permit a 10 foot west side setback for a bedroom . addition where 15 foot is required. Legal Description: Lot 3, Block 5 , LUDLUM ESTATES , PB 60/4 . Location: 6562 S . W. 76 Terrace. PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE,, SOUTH MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MAC 7 IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COUNCIL WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR ,THE AREA INVOLVED. THE BOARDIS -RECOMMENDATION ON THIS MATTER WILL BE' HEARD BY THE CITY COUNCIL AT A. FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF THE ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN .MAKING INQUIRY. RONALD K. SMITH, Chairman Planning Board THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW PS B 100-7 REV. 5-6-70 ORGANIZATION OF THE PLANNING BOARD UNDER THE CODE OF ORDINANCES OF THE CITY, THE PLANNING BOARD ACTS ONLY AS A RECOM- MENDING OR ADVISORY BODY TO THE CITY COUNCIL. THE ACTIONS OF THE BOARD ARE SUBJECT TO THE FINAL APPROVAL OF THE CITY COUNCIL. ALL MEETINGS OF' THE BOARD ARE OPEN TO THE (') PUBLIC AND f" MEMBERS PRESENT CONSTITUTES A QUORUM. THE BOARD IS REQUIRED TO TAKE MINUTES OF ITS PROCEEDINGS AND THE VOTE OF EACH MEMBER IS RECORDED. THE PUBLIC HEARING BEFORE THE PLANNING BOARD IS A COURTESY PUBLIC HEARING FOR WHICH NO NOTIFICATION OR LEGAL ADVERTISEMENT IS REQUIRED. AS A MATTER OF CITY POLICYt (2) NOTICES ARE MAILED TO AFFECTED PROPERTY OWNERS WITHIN AFOOT RADIUS OF THE PROP- ERTY UNDER CONSIDERATION AT THE PLANNING BOARD HEARING. COURTESY SIGNS ARE POSTED ON THE PROPERTY UNDER CONSIDERATION FOR A 15 DAY PERIOD PRIOR TO THE ADVERTISED PUBLIC HEARING BEFORE THE CITY COUNCIL AND THE COURTESY PUBLIC HEAR- ING BEFORE THE PLANNING BOARD. NOTE FOLLOWING CHANGES: (1) FIVE MEMBERS PRESENT CONSITITUTES A QUORUM. (2) 300 FOOT RADIUS CITY OF SOUTH MIAMI PLANNING BOARD NOTICE OF PUBLIC HEARING HEARING: 479-28 DATE: January 8 , 1980 TIME: 7 : 30 P . M. APPLICANT: S . Michael Minton & Elizabeth D. Minton Request : 1 . Variance to permit a 7 . 45 foot east side setback fo.r .a pool where 15 foot is required . 2 . Variance to permit a 4 . 45 foot east side setback for a pool screen where 12 foot is required. 3 . Variance to permit a 10 foot west side setback for a bedroom addition where 15 foot is required . Legal Description: Lot 3 , Block 5 , LUDLUM ESTATES , PB 60/4 . Location: 6562 S . W. 76 Terrace. PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MAD" IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COUNCIL WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARDIS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COUNCIL AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF THE ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. RONALD K. SMITH, Chairman Planning Board THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW PS B 100-7 REV. 5-6-70 ° t/1 ## 1 r r Jc._>• �>�'�^ it "� � �l of L14 — ` C °1-SL � nn'' O 1 •.vim iv,•.r• .: .t�.A1•>`i�1/ . 909 •'JIQ 1a422033dffi18 �� gQu a�aeatc{oaosotte x •° Qeaq �i3 0} Zoauoo T� enaiebT 9XV o o •SoTTAQ pue aBpaTxotq peca Seuna a e;ctaee,;de= ttose� pa" 48 9" tto aoTIoo•tTp c $vq& ssaa-s-a$ (� 1-- •o az's goxaaxn� Cam gala 0 •sn 1 � � y l ' UTas .,0 .=3 0Iy?.�3 0 to �i Q 2�T �� S a .a 1-a n? T'i ttj v'pzaz4.I flj C ' ) bard t+ a c; s•:r 'e v a*c -f e+ c• o�J/ \ �; •.• ,�, �. . . --;—?d•c?�•a0+�y,.nv,7«..!x..an�e.;..w•.:xf,�.i.•_--�-,:.., ,.,.�.�ry; .,.: 4 December 1979 To: Members of the South Miami Planning Board and the South Miami City Commission From: S. Michael Minton and Elizabeth D. Minton Subject:Justification of requested variance We have lived in this home for 61 years and have become very fond of our neighborhood and the City of South Mliami. We need more living space than out current.' • 1400 square feet and our two sons, t ages 6 and 10, very much enjoy swimming. We believe the variances which would allow this are justified for the following reasons, 1. The intent of our zoning is not violated because we would cover only 36% of our lot where 40% is allowed. 2. Our neighbors, ' i.nclud.ing_the adjoining neighbors who are most affected, support our petition for a variance. 3. If we did not live on a corner lot we could build 7f feet from out western property tine. We are asking only to build 10 feet from out western property line which still leaves us 26 feet from the street. There alrepd.y exists at least 3 other homes in our neighborhood which are closer_ than 26 feet to the side street. 4. The neighborhood, and the South Miami tax .rolls, would be enhanced by the added value of our property. 5. 4ith the current high interest rates and scarce mortgage money our family could not afford similar accommodations elsewhere in South Miami. We enjoy the friendly services of the city. Our oldest child plays on the South Miami Soccer and Baseball teams. In short, we would rather stay and pay the City of South Miami higher taxes. Thank you for your consideration. Sincerely,pp 11 Mike and Liz Minton BLYCi�'J.:'•.i.s..l:YLMYN.L'.]e:e.kl_•I.r .YU�.Y11.�' ....-i ...n. - .^i...-';G:... Ri .f�'2S•!s+i et(YGf:Si iF4a2j.r.:.. ) � . u• a �':?:7'. r-"•°� r'^?;'^a�v, i a � of pit 11+ \` , p T. rC'4. C0 rjaciar:� is gt ♦� o �\ } nor GU ct d' I� q �� 0 F:•L�.IG E:^G�:Lti Ga IUD$ f Loostion bt tll� lt. gpr Detail 1p-„ QOr v t �`f ¢ f �° p II4DB I.dlPD .°URVE'YORSi13`• (�� ♦ BI-3-EE56 S� 4 ....... j Z` BER3ID7 CER^2FY; `~ 'I- �• .�-�- �� I . That the atteohed atetch represents a W7 direction on the abore date aid is tie and correct to the base mien �teledge and belief, There are no risable eneroeot�aonta other tnan ghppne BOB MM 8Q MOR8r 33C. i U.a-ate .Pro a. � 76 RB;I:TERM LIM SURVEYOR '"UTE 0.7 YLORIIA. � 1�a' loo' ,..s f p• r c o + i i 1 446S~ Ile i \�r� �.•rr-cec��Pry 6471 V Q ti N- tj i lD i - ITY QF SOUTH MIAMI , ORIDA N01eplj0 CASH RECEIPT CUSTOMER'S RECEIPT — Ig� FUND 4 / D ACCOUNT NO. �+ " �� r O 0 z r m� z RECEIVED OF S A.� �„Q ��f1j1�.. OM `�—_ XI z N l0 RIM 3D mz r� zZ DESCRIPTION " 7 Z X °� n V 10 n�I Nn vv x D mr AMOUNT /�f / � .'II 3 " G � D D �. A I ox - ro� DOLLARS f!�'(, m z om ,I MAKE ALL CHECKS PAYABLE TO l� CITY OF SOUTH MIAMI, FLORIDA CASHIER I SIDNEY M. MINTON 1605 ELIZABETH D. MINTON 6562 S. W- 76TH TERRACE \ 1g 63-837 SOUTH, AIIA➢II,�FLA.33143 `1 670 PAY TO THE ORDER OF u M \\V DOLLARS Sa %te South Miami, Florida 33143 J 01:06 7008 3 7 5p: 11130 409 9��` STAFF RECOMMENDATIONS PUBLIC HEARING #79-28 Variances #1 and #2 Strict interpretation of the variance definition in the zoning ordinance, which states , "Recommendations for a variance shall be made only when it is necessary to relieve particular hardships or extraordinary conditions relating to a specific property . . . " ,requires that the staff recommend disapproval of these variance requests . However, it appears that the 15 foot setback requirement may be unduly restrictive . This particular property is a standard 10, 000 square foot lot conforming to the RS-3 zoning requirements , yet the setback requirements make it ! impossible to build a standard 15 foot by 30 foot residential pool within, the regulations . The existing regulations require all owners of similar property to either request one or more variances , or build a custom pool . In effect, the regulations seem to be forcing an unduly large number of persons to request variances to build standard pools . The ordinance itself seems to be causing a harship , but not on indivi- dual properties - on all similar 10, 000 square foot lots . Therefore, if it is intended that pools be allowed in the RS-3 district, as an accessory use, then it would seem advisable to consider amending the regulations so that variances are not required for a majority of such requests . However , based on the ordinance as it presently reads the staff must recommend disapproval of these variance requests , even though all the immediately surrounding neighbors are all in favor of the requests . Variance #3 In this instance, the fact that this is a corner lot appears to be creating a harship . The 15 foot corner setback is designed to protect the visibility and the safety of the right-of-way. In this case there is more than ample visibility due t-o the low speed, residential nature of the street and the safety will not be further compromised due to an existing large tree between the proposed addition and the right-of-way. Staff recommends approval of the request , particularly in light of the neighbors ' approval . �h THE CITY OF „1 ,4."t WWI sotlt4 <-�Iwiami 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143 PUBLIC SERVICE DEPARTMENT Z O N I N G P E T I T I O N Property Description, Location and Legal : LOT 3 of BLOCK 5 of LUDLUM ESTATES, according to the Plat thereof as recorded in Plat Book 60 at page 4 of THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA Property address: 6562 SW 76 'Terrace Request : The Owners of the above property have made the following request : To Allow: 1. A 7.45 foot east side setback for a pool where a 15 foot setback is required. 2. A 4.45 foot east side setback for a pool screen where a 12 foot setback is required. 3• A 10 foot west side setback for a bedroom addition where a 15 foot setback is required. Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request . NAME DATE ADDRESS - - �'- `- - - - - - - --73° -J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PW50-37 (continued on page .2) Page 1 y ;Tract Ac. AC cam 01 / A8 I O'•.. ?W 125 2tt; 27;!6It1Dl.909i 15 C16) ILJI N 29rG68 BK8ISPG670 w I , e � 01 h Q 04 0 6 07 N �• /o i + z 13 0 i5 02 + I � � �—"► I �S84s !.d .�� ; 582 -3� 8 -0 ! 5883-93 5875- s 5 `ji _ z: 48- �5 2 23 2S 25 s- -6 Days 15pr-670igo 30 K 4629 PC : wo �F . �� • TD 75 BK.4180 ® 7-5 �.�� ~ i 57 40 2 PG. 328 , ® i -52 �\ N /9 �� l8 �G 0/5 iZ 5\ 33Z o I I .r.� 8 K 3/ 92 S !/iD- QeD•60 14 5 �� 7V 1 �o i I v V ZO 28 ' 3 34 b v 49 OD iao Z7 a , r- s3'yf 1 j �" ZI z S ,m r J K 80FGI86 o PG. 3 56 PG J 8 It -PC '' T 5 z 'I0@ 145 O > g 3a ��v 23 3z ai ti 7 � 1 z 10 I ;24 I 9l ° •4( 73 �,- 0 'Z5 4 - aO Ara 2(o 41 44 APPLICANT: BLANCA De CASTELLI & SARA GUTIERREZ OWNER: SAME MAP REFERENCE : OFFICIAL CITY ATLAS, PAGES 10 & 11 Compass COMMENTS : VARIANCE TO ALLOW 13 PARKING SPACES WHERE 16 Scale . 1.0.0. ARE REQUIRED AND VARIANCE TO PERMIT A 14 ' 8" FRONT SET- Date . .1.0/.9/79* .A/9179. . BACK WHERE 30'1 IINCLUDING ZONED RIGHT-OF-WAY IS _REQUIRED. Drn . RP. . .Chkwm.6. CITY OR MU 1 H /A-1-A I ft PLANNING BOARD Fearing No 79-20 STAFF RECOMMENDATIONS PUBLIC HEARING 4679-28 Variances 461 and 462 Strict interpretation of the variance definition in the zoning ordinance, which states , "Recommendations for a variance shall be made only when it is necessary to relieve particular hardships or extraordinary conditions relating to a specific property . . . " ,requires that the staff recommend disapproval of these variance requests . However, it appears that the 15 foot setback requirement may be unduly restrictive . This particular property is a standard 10, 000 square foot lot conforming to the RS-3 zoning requirements , yet the setback requirements make it impossible to build a standard 15 foot by 30 foot residential pool within the regulations . The existing regulations require all owners of similar property to either request one or more variances , or build a custom pool . In effect , .the regulations seem to be forcing an unduly large number of persons to request variances to build standard pools . The ordinance itself seems to be causing a harship, but not on indivi- dual properties - on all similar 10, 000 square foot lots . Therefore, if it is intended that pools be allowed in the RS-3 district , as an accessory use, then it would seem advisable to consider amending the regulations so that variances are not required for a majority of such requests . However, based on the ordinance as it presently reads the staff must recommend disapproval of these variance requests , even though all the immediately surrounding neighbors are all in favor of the requests . Variance 463 In this instance, the fact that this is a corner lot appears to be creating a harship . The 15 foot corner setback is designed to protect the visibility and the safety of the right-of-way. In this case there is more than ample visibility due t•o the low speed, residential nature of the street and the safety will not be further compromised due to an existing large tree between the proposed addition and the right-of-way. Staff recommends approval of the regJest , particularly in light of the neighbors ' approval . \ i�0► N a a qU q b r � a f r• �' ! - - .x •Ir.�., u � O ;j � �� `T► lw1 I IL.Cf'( _",rJr N �� � � � � � . IZI 0% Lq 75 V e� `. a 66th. rt �° A Ma.0 . © O 15 a H �. o, Pr) o� I , 4 /.O n O O Op N N --- �` --- Ch 25 Ilk i Ni�� 4 ♦_ � ' G wo y- ...__ _ — --•— 65tho 7. 9 7Y- ro 04 ra �n w a a v .. PS O O t� O., c tiaa O p a . l+► �► , O o O APPLICANT: S. Michael Minton & Elizabeth D. Minton OWNER: Same MAP REFERENCE : Official City Atlas, Page 12 Compass 1) Variance to permit a 7.45' E. s.ide� setback for pool Sca le . . . .1.". .°. .1.QQ' COMMENTS : where 15' is required; 2) Variance to permit.a 4.45 side setback for pool screen where 12' is required; and 3) Varianci Date . ,1,2,/,6/,7,9 ,,., to permit a 10' W. side setback for a bedroom Addn. where 15' is Drn . .RP..- .Chke'CO of SOUTH MIA Al PIANNIKG BARD flea r i ng No. .7,9-28, 0 0 STAFF RECOMMENDATIONS PUBLIC HEARING #79-28 Variances #1 and #2 Strict interpretation of the variance definition in the zoning ordinance, which states , "Recommendations for a variance shall be made only when it is necessary to relieve particular hardships or extraordinary conditions relating to a specific property . . . "requires that the staff recommend disapproval of these variance requests . However, it appears that the 15 foot setback requirement may be unduly restrictive . This particular property is a standard 10, 000 square foot lot ,conforming to the RS-3 zoning requirements , yet the setback requirements make it impossible to build a standard 15 foot by 30 foot residential pool within the regulations . The existing regulations require all owners of similar property to either request one or more variances , or build a custom pool . In effect , the:-regulations seem to be forcing an unduly large number of persons to request variances to build standard pools . The ordinance itself seems to be causing a harship, but not on indivi- dual properties - on all similar 10, 000 square foot lots . Therefore, if it is intended that pools be allowed in the RS-3 district , as an accessory use, then it would seem advisable to consider amending the regulations so that variances are not required for a majority of such requests . However, based on the ordinance as it presently reads the staff must recommend disapproval of these variance requests , even though all the immediately surrounding neighbors are all in favor of the requests . Variance #3 In this instance, the fact that this is a corner lot appears to be creating a harship . The 15 foot corner setback is designed to protect the visibility and the safety of the right-of-way. In this case there is more than ample visibility due t•o the low speed , residential nature of the street and the safety will not be further compromised due to an existing large tree between the proposed addition and the right-of-way . Staff recommends approval of the request , particularly in light of the neighbors ' approval . .� • , � h LM W !� � W W Q •—' (71 C. tu 0 14 tu Lh O I J p i f c" I ✓ /7 7 46 8 Z 7_S n 4 C) �, � ► SA 66th. VIP ; - QN OW5 ?-5 31bN O CP o i o a o cos•� ____ __ _ -- _ I a � p 1► w0 c � W I ti � aN p• NO ° 0 � , . N V o U tj tj r17 %) /00 I /O L L 4 6%5th* a i - • iii./// /Sd•�of• '/0 'C® ' 83.a) 83.8 <-4 \ �J 1 -Oi �W DU) \U ,fir+ I QI �' . o l /� 87. 9 7S 20' "Ease e n 1 = 7.S -j -- LYN L Q9 �' �`� � ,i p• CD O W iu t C",Pq I 9 Oh ©v J © Oa O - - - - _- `-_. ----- - /~• - ._,..� a �• .J W APPLICANT: S. Michael Minton & Elizabeth D. Minton OWNER: Same MAP REFERENCE: Official City Atlas, Page 12 Compass COMMENTS :where 1) Variance to permit a 7.45' E. side setback for pool Scale . . . .��: .: .7 • where 15 is required; 2) Variance to permit a 4.45 side setback for pool screen where 12' is required; and 3) Varianc Date . to permit a 10' W. side setback for a bedroom Addn. where 15' is Drn . .RP. . .Chk&iP'4 /. �1 OF sou 1 4 MIAMI PLANNING 150A RD Hearing No. ,7,9-2B. PLANNING DE ?T ,, PUBLIC HEARING AREA OF NOTIFICATION REPORT 300' RADIUS TOTAL IN AREA PERCENTAGE OF NAME OF APPLICANT SIGNATURES OBTAINED 00.TAX FOLIO # NAME ADDRESS % n S/IL�rA- W. c-R V(w) ic;9 CP 7 �F W. G '7 33iSr !/eSi /G/ di' 0% 2-709 SAL LZ 4 -bl- do3o i�I;ei in Cr/r is ao S aJ• 717&4 r, —0/--ooso hi, ' w 7,wbp 1,60 0 sl 4v, I 7-41 r/ p d 9,V6 7- .LOJ�C 7 7730 S4) WS ��. a i 0 ,ccsaY -2.2 o?I-pOG _D/1.t/ �/v_R�.cf.�'__ 5...�.frJ• °.Z�T.,r�r,!v. ��,R/77 6 00 ✓17 E i &--A),*iM /S S/U 7�ZOn lD a IAl 10-2196 -� 7P / %c giaus LtJ• If 2 6s Telln _ - day S 9,6 q1 <SCrJ. i��. •, 'r 6 S/S (S�L • // /i loIn, M R 7 4,11 Slu• �,5 L. q� �G -- v�- aver �, is/tu S cL< ��Sy/ �SGV• 761 �. �� -c!�-�a yi[.c ri %,% i�� L1 L�r�K (S�/ S�J• 7/v %�i . �. qp-1, / A, S�YGO2 lS� S w i " 33iv Page 1 PHOFTAX FOL 10 NAME ADDRESS Il - '72 i ..33i 92 32 -y -- _7 lo-ID 66-ed SW. ;�'2 33 -y o�sa s S Ste• 7 %. 3 ,6 _y�_ Ave . g — /�ccLeiU /�lircG2 410 Sw. Am, - ZY01nfS LoA SCir• 7-em •' 4 0 20Y 6E-/U .v • ,S 0 S•4J• 7 / 7 7 i -Y�-030 .vAG �.Si/E ET —� SSD cS W. 7 7 4 -yy_ f sth S w•?G , — -oov J—LOyh 1A1,q1,)0 bk qs s'.0 7 4 p w�-0�9 GIicZ;Am d S .S•w• 7G % rr. �, Ls � 0 � n � 4 S6 � 9 a0 6fl Page 2 • T H E C I T Y O F SoUt4 Alcrmi 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33149 PUBLIC SERVICE DEPARTMENT Z O N I N G P E T I T I O N Property Description, Location and Legal : LOT 3 of BLOCK 5 of LUDLUM ESTxTES, according to the Plat thereof as recorded in Plat Book 60 at page 4 of THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. Property address : 6562 SW 76 Terrace Request : The Owners of the above property have made the following request : t To :Allow: 1. A 7.45 foot east side setback for a pool where a 15 foot setback is r.eq.uired. 2. A 4:.45 foot east side setback for a pool screen where a 12 foot setback is required. % 3. A 10 foot west side setback for a bedroom addition where a 15 foot setback is required. Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request . NAME DATE ADDRESS - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ��✓ 0 -7 (, S( - - - - - - - - - - - - - - - - - - �- - - - - - - NV_a I r 6 7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ PW50-37 (continued on page .2) Page 1 V � , 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, AGENTS ETC. SPECIFY) S. Michael Minton & Elizabeth D. Minton Owner ADDRESS OF APPLICANT CITY STATE ZIP PHONE 6562 SW 76 Terrace S. Miami FL. 33143 665-4129 OWNER DATE OWNERSHIP OF PROPERTY OBTAINED S. Michael .Minton & Elizabeth D. Minton Mav 1 ADDRESS OF OWNER CITY STATE ZIP PHONE 6562 SW 76 Terrace S. Miami FL 33143 665-4129 IS' PROPERTY OPTION OF, CONTRACT FOR PURCHASE? MORTGAGEE IS NAME AND ADDRESS YES x NO Coral Gables Federal Savings & Loan Assoc. IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION LOT(S) 3 BLOCK _ 5 SUBDIVISION Ludlum hstat;es PB page 4 METES AND BOUNDS SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING 'Y WIS 9968 SF SW 76 Terr. 181 / SW 66 Ave. 181 / 501 R/-W"- ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY no 1 Story CBS house 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 >. 3 no EXPLANATION OF ABOVE Request to allow: _1) A 7.45 foot east side setback for a pool where a 15 'foot setback is required. 2) A 4.45 foot east side setback for a p©ol screen where a 12 foot setback is required. 3) A 10 foot west side setback for a bedroom addition where. a 15 foot setback is required. THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE PART OF APPLICATION. ) X CERTIFIED SURVEY X SITE PLAN _ _ PHOTOGRAPHS X STATEI,IENT 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. SIG URE FOR OFFICE USE ONLY DATE OF HEARING _ 8 /f �o HEARING NO. PS8I00-41 REV. 3-12-79 DATE FILED _ � CITY OF SOUTH MIAMI ZONING DIVISION PROCEDURE ON APPLICATION FOR HEARING BEFORE THE PLANNING BOARD I. SECURE APPLICATION FORMS FROM THE ZONING DIRECTOR'S OFFICE. Z. HAVE SKETCH OR PLANS WITH SUFFICIENT DETAILS INDICATING THE VARIANCES OR EXCEPTIONS REQUESTED. FOR CHANGE OF ZONINGS PLANS MAY NOT BE REQUIRED. THE APPLICANT IS INSTRUCT- ED THAT A SEPARATE APPLICATION WILL BE REQUIRED FOR VARIANCES AND EXCEPTIONS AFTER THE CHANGE OF ZONING HAS BEEN GRANTED BY COUNCIL. 3. FILL OUT THE APPLICATION COMPLETELY AND ACCURATELY WITH SURVEYS, PHOTOS PLANS ETC. AS NEEDED BEFORE SUBMITTING TO THE ZONING DIRECTOR. 4. SUBMIT THE APPLICATION TO THE ZONING DIRECTOR AT LEAST THREE (3) WEEKS PRIOR TO THd PLANNING BOARD MEETING. A FEE OF $125. 00 IS REQUIRED AT THE TIME THE APPLICATION IS FILED. 5. REGULAR PLANNING BOARD MEETINGS ARE HELD TWICE PER MONTHS ON THE SECOND AND LAST TUESDAYS OF THE MONTH. (COUNCIL MEETS ON THE FIRST AND THIRD TUESDAY OF EACH MONTH). THE MEETINGS ARE HELD IN THE COUNCIL CHAMBERS, CITY HALL AND BEGIN AT 8: 00 O'CLOCK P. M. 6. THE APPLICANT (OR HIS AGENT) SHOULD REPRESENT HIMSELF AT THE PLANNING BOARD MEETING. THE APPLICANT WILL BE EXPECTED TO PRESENT HIS CASE WITH PLANS, PETITIONS, AFFIDAVITS OR ANY OTHER DATA WHICH HE FEELS WILL HELP IN HIS PRESENTATION. THE PLANNING BOARD WILL ACT ON THE APPLICATION BASED ON THE INFORMATION AVAILABLE IF NO ONE IS PRESENT TO SPEAK ON BEHALF OF THE APPLICANT. 7. THE PLANNING BOARD WILL MAKE ITS RECOMMENDATIONS TO THE COUNCIL 'WHICH WILL THEN ACT ON THE M. S. THE APPLICANT SHOULD BE PRESENT AT THE COUNCIL MEETING TO PRESENT HIS CASE AT WHICH TIME THE COUNCIL WILL PASS A RESOLUTION OR ORDINANCE, APPROVING OR DENYING THE REQUEST MADE BY THE APPLICANT. 9. A CHANGE OF ZONING, VARIANCE OR EXCEPTION REQUIRES AN ORDINANCE Be ADOPTED BY COUNCIL. THIS BECOMES EFFECTIVE AFTER COUNCIL HAS TAKEN ACTION AT TWO CONSEQUENT MEETINGS. THE ORDINANCE BECOMES EFFECTIVE UPON ADOPTION AFTER FINAL READING. } .'' ► �,.` }. ` Fe.- t ,'"�s. ti .uc CI -,'.;: , ,.}.i �3`F� tip ��! ` 4" ,e �l v t ► B k r t HEARING. DATE: January 8, 1980 TIME: 7 : 30 P . M. a APPLICANT: S . -Michael Minton & Elizabeth D. Minton Request : 1 . Variance to permit a 7 . 45 foot east side setback for a pool where 15 foot is .required. 2 . Variance to permit a 4 .45 foot east side setback for -a pool screen where 12 foot is required. 3.. Variance to permit a 10 foot west side setback for a bedroom -addition where 15 foot is required. Legal Description: Lot 3, Block 5, LUDLUM ESTATES , PB 60/4 . r..+.+ Location: 6562 S . W. 76 Terrace. t, MOT LENDER THE CODE OF ORDINANCES OF `'EHR CITY, THE P7 _ANNING BOARD ACTS ONLY AS A RECOM- MENDING OR ADVi60 ` r RY .BODY TO THE GjT� 6utiC}11s., .:THE ACt16NS OF THE BOARD ARE SUBIECT TO THE FINAL APPROVAL OF THE CITY COUNCIL. ALL MEETINGS OF THE BOARD ARE OPEN TO THE i PUBLIC AND � MEMBERS PRESENT CONSTITUTES A QUORUM. THE BOARD I° REQUIRED TO TAKE .1 r. MINUTES OF ITS PROCEEDINGS AND THE VOTE OF EACH MEMBER IS RECORDED. 5 THE PUBLIC HEARING BEFORE THE PLANNING BOARD IS A COURTESY PUBLIC HEARING FOR WHICH NO NOTIFICATION OR LEGAL ADVERTISEMENT IS REQUIRED. AS A MATTER OF CITY POLICY9 i (2) NOTICES ARE MAILED TO AFFECTED PROPERTY OWNERS WITHIN AFOOT RADIUS OF THE PROP- ERTY UNDER CONSIDERATION AT THE PLANNING BOARD HEARING. COURTESY SIGNS ARE POSTED ON THE PROPERTY UNDER CONSIDERATION FOR A 15 DAY PERIOD PRIOR TO THE ADVERTISED PUBLIC HEARING BEFORE THE CITY COUNCIL AND THE COJRTESY PUBLIC HEAR- ING BEFORE THE PLANNING BOARD. f NOTE FOLLOWING CHANGES: Z (1) FIVE MEMBERS PRESENT CONSITITUTES A QUORUM. 1 f (2) 300 FOOT RADIUS 1 i• CITY OF SOUTH MIAMI , FLORIDA N01&J.4 CASH RECEIPT �— CUSTOMER'S RECEIPT —s I9 FUND ACCOUNT NO. 0 0 z r m � z = RECEIVED OF vr! � om � z NW mm 3D mm z DESCRIPTION 0 0 cl 0 0 111 0 OU t D m r AMOUNT DD L7 nn III n C lG d < DOLLARS $ / ��� m Z m MAKE ALL CHECKS PAYABLE TO L%'�"��.G1i'I�l �^ rID CITY OF SOUTH MIAMIP FLORIDA CASHIER / 1- i"J I 1 CJ c-.J I, .1 r...t