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6141 SW 64 ST_PB-87-019 ZONING CHECKLIST PLANNING BOARD ITEM DATE BY 1. Application for PBQIZ 2. Survey of Property 3. Location Map - 00 Radius - 4. Lett-e T-o-f In t e-nt ----___ -----------__-_-- --_. 5. Drawings 6. Zoning Review Sheet �L 7. Fee Paid - --------------- !r - `--_. - - --- 8. List of Property Owners �• 9. Model -- _ 10. Notice of Public Hearing --__------------- --- �-- --- _. 11. Advertise Legal Notice_-- 12. Post Property PH 13. Inspect Site --�---- —e�l5 l 14. Signature S11eet - - 15. Notify Applicant of Hearing ®L -- 16. Proof of Publication 17. Staff Report 18. Request on Agenda VL 19. Copy of Agenda to Applicant 20. PB Minutes 21. PB Resolution to Applicant - - T -- - 22. Copy of Resolution 23. CC Ordinance 1st Reading 24. CC Ordinance 2nd Reading 25. Resolution# T n- City of South Miami 6130 Sunset Drive, South Miami, Florida 33143 6675691 November 2 , 1988 Rev. Lee H . Jones Faith Tabernacle First Born Church of the Living God 6141 S .W. 64 Street South Miami , FL 33143 Dear Reverend Jones : According to Section 13 .4 of the Zoning Ordinance of the City of South Miami your variance granting a new setback of 10' where 25 ' are required and 7 parking spaces. where 33 are required at �;6141 (S .W. 64 Street has expired . A granted variance shall lapse after the expiration of (6 ) months if no substantial construction or change of use has taken place in accordance to plans for which such variance was granted. Your variance was granted by the City Commission on January 5 , 1988. Please contact the staff of the Planning and Zoning Department for further assistance . Sincerely, Esi9 ��- Marien Aran-Spinrad Director , Building , Zoning and Community Development MAS/sp cc: William Hampton Interim City Manager John Dellagloria City Attorney "City of Pleasant Living" aa 14<12 WNIMM V11 city of Soum Na3mi 6130 Sunset Drive, South Miami, Florida 33143 6675691 November 2 , 1988 Rev. Lee H . Jones Faith Tabernacle First Born Church of the. Living God 6141 S .W. 64 Street South Miami , . FL 33143 Dear Reverend Jones : According to Section 13 .4 of the Zoning Ordinance of the City of South Miami your variance granting a new setback of 10' where 25 ' are required and 7 parking spaces where 33 are required at 6141 S .W. 64 Street has expired . f A granted variance shall lapse after the expiration of (6 ) months if no substantial construction or change of use has taken place in accordance to plans for which such variance was granted. Your variance was granted by the City Commission on January 5 , 1988 . Please contact the staff of the Planning and Zoning Department for further assistance . Sincerely, GU Marien Aran-Spinrad Director , Building , Zoning and Community Development MAS/sp cc: William Hampton Interim City Manager John Dellagloria City Attorney "City of Pleasant Living" ENITWE City of South Miami INTER—OFFICE MEMORANDUM TO: Marien Aran-Spinrad DATE: September 24, 1987 Director, Building, Zoning & Community Development FROM: Danilo Lopez .SUBJECT: Staff Report on .Faith Tabernacle Planner Public Hearing PB-87-019 . SPECIAL DATA Applicant: Faith Tabernacle First Born Church of the Living God, Inc. Address: 6141 S.W. 64 Street, South Miami , Florida 331113 Legal Description: Lots 7 and 8 of Block 1 Pines PB 13/2 . Request #1 A variance to allow an increase in the degree of non- conformity by reducing the rear setback from 16 . 23' to1D' where 25 ' is normally required. Request #2 A variance to allow 18 parking spaces where 33 are nor- mally required. Description 1. The Church site is made up of two adjacent lots that have a total area of 4000 sa. ft. (50 ' x80 ') . The resulting lot houses the Church and the Pastor' s home, non-conforming with respect to use, rear setback and lot coverage. See attached Zoning .Review Sheet. 2 . On March 19, 1985 , the ERP Board approved an entry portico addition to the Church. See Minutes attached. 3. On May 7, 1985, the City Commission granted the Applicant a variance to allow an entry portico with a 3. 95 foot front set- back where '25 foot front setback is normally required. See Staff Report and Ordinance #13-85-1229. 4. Due to an expected increase in membership and visitors, the Applicant wants to expand the Church' s seating capacity from 75 to 100 seats. Analysis Several Sections of the Zoning Ordinance place restrictions on this petition: 1. Section 5-4-2 . 01 "Uses Permitted" Uses permitted in RS-4 District (Single-Family Residential) are dwelling, single-family, park or playground, public. Churches are not permitted in this District, but this is a non-conforming use which was erected in 1937 and is thus grandfathered in. ZONING REVIEW SHEET Date ALA &A &.-r Project AeA tl ton to r cin Address 9t4l 64+1h. Si-. Owner Telephone 4p&r. - 7:;;,(0 1+0 Designer Pi'At'As F- Ct C r Telepho;1c District Lot of Use permitted Yes Special Use Yes No Accessor" Use yi?s do ENisting nonconforming use e--:,- No All )-,-ed/Required Proposed Sigu of area G r7{3 .d Lot f rontage A A front setback side setback 1C), -I I/-- 1 11 owed e S No side corner to.914-Cpllif�PTAA I fq�) size rear setback 1g,-2 A]1 owed Yes No FAR building height Comments lot coverage C;/- A A density LaCid Zverage. landscaping parking total 17 standard 61 compact 4; hard ica-L) Coimnents P"T I M 6-- i��FAZ-Vt-I --,F _75 Fr- r�-5- (a) cr,V tp2,4 1> Is N0/1 (,C,f7 tO I tl :f, p,le fl-, pv�- A/A 1) WT L/zV5RA 6's, Revised by ' Staff Report -2- September 24 , 1987 2. Section 5-4-3. 01 "Minimum Lot Size" The minimum lot size allowed is 6000 sq. ft. This parcel is made up of two 25 'x80 ' lots resulting in a 4000 sq. ft. lot. Again, this is a non-conforming characteristic. 3. Section 5-4-3. 02 "Minimum Yard Setbacks" The minimum side setback is 7z ' . The building has 5. 84 ' set- back at the east side of the property and 2 . 11' setback at the west side. The Church has a front setback of 3 . 951 . The existing rear setback is 16 . 23 ' (where 25 ' is normally required) . All of the setbacks are non-conforming. The Appli- cant wishes to eliminate the rear setback in order to increase the Churches seating capacity. 4 . Section 7-1-2. "Parking in Yards" Parking is permitted in required yard setback areas except that parking of commercial vehicles of one-ton or greater capacity are not permitted in residential districts. The lot does not have any parking facilities for patrons attend- ing the Church services. They park on the streets, on lots 3 and 4 , west of the Church' s sites and in the front and rear setback of the Church.* There is a letter (attached) from the owner of such lots, Mr. Lee R. Perry, authorizing the Church attendants to utilize his lots as off-street parking. 5. Section 7-1-1. 04 "Space Requirements" 'Whenever a building constructed after the effective date of this regulation is changed 'or enlarged in floor area or seating capa- city to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. " Since the Church does not have any parking sapces and it is the first time it is going to be enlarged, the Applicant should_--be able to provide parking for the members. The increase in parking spaces needed for a change from 75 members to 100 members is 8 spaces (from 25 spaces for 75 members to 33 spaces for 100 members) . (That is an increase of 33% in parking needs. ? Nevertheless, according to the Applicant, only a small number (5-6) of the Church members go to the services by car; the rest live within a walking distance from the premises. When out of towners use the Church' s premises they are brought in by a chartered bus. With the increase in seating capacity, about ten people, according to the Applicant, would be _ parking on Mr. Lee ' s lot. 'Front of building is not flush. There is an area in front of the Pastor ' s house to park two vehicles. 1 Staff Report -3- September 24 , 1987 Staff inspected the site and found out that 15 cars can be accommodated at the lots owned by Mr. Perry tee. Applicant stated to Staff that only on very special occassions do they fill up the two lots and on one occassion last year, they obtained authorization from the Chief of Police to park on the streets. 6. Section 5-4-3 . 04 "Maximum Lot Coverage" Section 9-8 "Building Non-Conforming in Height, Area of Bulk" The maximum lot area that may be covered by structures shall. not exceed 300 of the total lot area. A building non-conforming only as to height, area or bulk requirements may be altered or extended, provided such alter- ation or extension -does not increase the degree of non-conformity. in any respect. The existing structures are non-conforming in area, as they are 1780 sq. ft. instead of 1200 sq. ft. (44 . 5%of lot coverage instead of 30%) . With the proposed addition, the degree of non-conform- ity would be increased from 44. 5% of lot coverage (1780 sq. ft. ) to 61. 4% (2456 sq. ft. ) . Thus, the Applicant is requesting a variance for this increase in the degree of non-conformity. Criteria 1. In order to decide whether the variances to allow an increase in the degree of non-conformity and 15 parking spaces where 33 are normally required, Staff set the following criteria. - A hardship has to be demonstrated. - A parking solution has to be provided. - The increase in the degree of non-conformity shall not adversely affect the neighboring properties. 2. In this case, it is clear that the size of the parcels the Church is located in are too small to permit a reasonable use of the land under the current zoning regulations. A more intense use of the land is required in order to satisfy the Church membership needs of growth, parking and expansion. 3. Nevertheless, an extension of the back of the Church to 0 ' setback is not recommended as 64th Terrace is a very narrow street and the bulk of the Church building would have a detri- mental effect on the neighboring properties. (See sketches) . 4. After conversations with -the Applicant and an inspection of the interior of the Church, Staff found that the Applicant wishes to increase the seating capacity to 100 members (_25 up from 75) . By adding 610" of space to the Sanctuary, the Church would be able to house 25 more attendants. This would leave a 10 ' 0" rear set- back, which Staff believes would be better than the 0 ' 0" setback requested. Staff Report -4- September 24 , 1987 5. Regarding the issue of parking, the Applicant has proposed the use of lots 3 and 4 of the same block. The owner of these lots, Mr. Lee R. Perry granted Faith Tabernacle, use of his property for parking purposes during worship services. (Letter attached) 6. Lots 3 and 4 are presently vacant, they are used by worshipers to park between 5 - 6 cars. Arranged as per submitted Sketch #3, the vacant lots could take 15 cars. Although this is not a standard solution, Staff. believes it can satisfy the Church parking needs if implemented in an organized manner. 7. Sketch #4 is an alternate parking solution that the Planning Board may want to consider. The zoning Ordinance Standards have been incorporated and 11 spaces are provided. 8. In both alternatives, two additional parking spaces, now avail- able, at the existing Church have to be counted. In Alternative #2 , (Sketch #4, 10 ' rear setback) parking in the rear yard setback is permitted for five additional vehicles-. Alternatives 1. For rear setback, the Planning Board can choose any dimension from 16 . 23' to 0 ' . The Applicant has 16. 23 ' now and is requesting 0 ' . Staff proposes 1010" rear setback to allow more parking spaces and more open space at 64th Terrace. If the 10 ft. lot setback is chosen, the degree of non-conforming area would be increased from 44 . 50 (1780 sq. ft. ) to 50. 70 (2029. 6 sq. ft. ) . 2. For parking, two alternatives are presented. Sketch #3, proposed by the Applicant, with 15 spaces at Mr. Lee Perry' s property plus two spaces at the Church site. Sketch #E4 is a proposal by Staff with 11 spaces at Mr. Perry' s property plus seven spaces at the Church site. Staff believes that 10 ' rear setback and parking solution as per Sketch #4 , comply with the criteria established to satisfy this request. Recommendation 1. To grant a variance to allow the degree of non-conformity by reducing the rear setback from 16. 23 ' to 10 ' 0" where 2x3'0" is required. Z11Y(99 - 2. To grant a variance to allow 18 parking spaces where 33 are required. Parking solution as per Sketch #4 , attached, must be adopted by Applicant. This implies that Faith Tabernacle will either own or lease lots 3 and 4 block 1, Pines Subdivision for as long as the Church operates at its present site. DL/am 4 i r s '1 J 1 r BT r � L i 1 r ION Ago JQ APR r n � - 14 3 PA OF, tid o", s FV oMWry I Li LfiG 3 s 1 4 F120Post5b P"r,I/i (2:, P-S FOL Gout . dA PG LA 0 5�y,pn iS•�S� i3.�' 18.TS 5 s 7 Z prZe, i 5 3 z G 0 S c 64 STIZ�T R� C4"m �� PP ►N Land Surveying Land Planning Mapping and Drafting Aerial Photography SOUTH ATLANTIC SERVICES OF FLORIDA, INC. • 8341 Sunset Drive Miami, Florida 33143 TELS: 596-0888 596-0990 April 27 , 1987 Revernd Jones 6141 SW 64th Street Miami, Florida Tel . 665-5640 238-8029 Our Order No . M-,2875 and M-2875-,A Project: at above address By; Mr.. Amos Larkun SURVEYING AND DRAFTING :' SERVICES: To prepare a survey of the above Iodated property described as : Lots 3 and 4 , 7 and 8 , Block 1, of Pines , (13-.2) , Dade County; F1. Locate all improvements and secure elevations , relate said elevations to a Dade County bench mark. To also prepare a sketch of survey of the above described property, Certified, signed and sealed, 3 Blue line. prints included Total Due . . . ., . ,, .. . . $400. 00 Thank you, 1 Nar o "Jose Ramirez, Pres NJR/lpp November 8 , 1988 MISSING "REMARKB° FROM THE CITY COMMISSION MINUTES OF JANUARY 5 : 1988 MEETING Agenda Item ##4 Resolution No . 2--88-8018 After the motion was stated , Reverend Lee ]ones asked the Board members , "How long was the variance granted for Three Board members replied that the variance was granted for. a period of one ( 1 ) year . MINUTES OF THE REGULAR CITY COMMISSION MEETING JANUARY 5TH, 1988 -------------------------------------------------- The meeting was called to order at 7:30 P.M. by Mayor Porter. Those in attendance were: Mayor Porter Vice-Mayor McCann Commissioner Andrews Lantz Commissioner Schwait Commissioner Brown Also in attendance were: Acting City Manager Turner, Finance Director Taylor, Planning, Zoning & Community Development Director Aran-Spinrad, Administrative Assistant Gonzalez, Public Works Director McGuire, Assistant Public Works Director Christie, Recreation Director Cowen, Police Captain (Acting Chief) Romine, City Attorney Dellagloria and City Clerk Nayman. Following the Invocation- and Pledge of Allegiance to the Flag of the United States of America, Vice-Mayor McCann requested that agenda item #6, resolution honoring Ralph Greenwood be taken out of order and read in its entirety. Commission concurred. #6 RESOLUTION NO. 1-88-8017 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, RECOGNIZING THIRTY-ONE YEARS OF SERVICE TO THE SOUTH MIAMI POLICE DEPARTMENT BY LT. RALPH GREENWOOD. WHEREAS, Lt. Ralph Greenwood, formally known as "blue eyes" to his fellow City Hall employees, came to the City of South Miami in 1957 and has spent some of his his last few years bemoaning the fact "he don't get no respect"; and WHEREAS, Ralph's bear hugs and loud voice raised in song is how most City Hall employees begin their 8:00 A.M. day; and WHEREAS, Ralph Greenwood has woven many a yarn regarding his prowness with 'a fishing pole, impressing us with his culinary talent at smoking fish that he did catch and painting very picturesque stories of the quality and size of "those which got away". NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ralph Greenwood, guardian of police badges, spinner of tall tales and frustrated opera singer be and is hereby honored by the.Mayor, City Commission and all members of City Staff of the City of South Miami for his thirty- one years of service with the South Miami Police Department. Section 2. That Ralph Greenwood will be missed at City Hall and the Mayor, City Commission and all members of City Staff wish him a future full of happiness as he hangs out his "Gone Fishin"' sign on hi-s office .door for the last time. Item #6 (out-of-order) continued: i Moved by Vice-Mayor McCann, seconded by the entire City Commission, the resolution be adopted and assigned the next number by the City Clerk. Mayor Porter noted there had already been a formal retirement dinner where the City had presented Ralph Greenwood with a proclamation and other awards. The City appreciates Lt. Greenwood's many years of service and dedication to the South Miami Police Department. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Moved by Vice-Mayor McCann, second by Mayor Porter, the minutes of December 15th, 1987, regular City Commission meeting be approved as individually read. Vice-Mayor McCann moved that Page 6, bottom, of the minutes, have the question that is being answered restated in the same paragraph for clarification. Motion was seconded by Mayor Porter and passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Motion on minutes, as amended, passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; .. Commissioner Brown, yea. CITY MANAGER'S REPORT 1) Mr. Ivan Rodriguez, Director of Dade County Historic Preservation Board, addressed the Commission to offer assistance, from his office, on preparation of historic preservation reports on historic sites in South Miami . There are other municipalities working with the County because the County has Staff and experience to offer them guidance. Ideally, the cities can have the knowledge and experience to do future reports on their own. This assistance will be at no cost to South'Iiami and in no way states any intention, by the County, to infringe .of. ahy rights of the City. Commissioner Brown suggested a liaison from Staff sit in on County prepara- tion so the City is better equipped to handle their own designation reports and other paper work at a later date. Commission thanked Mr. Rodriguez for attending the meeting and for his offer of assistance to the City. Mr. Rodriguez said he had been asked to attend the meeting by Vice-Mayor McCann and looks forward to working with the City in this regard. Commission unanimously agreed towork with the County and asked Staff, to take necessary steps. 2) Acting City Manager Turner announced that the City auditors, Rachlin and Cohen have their representatives.;Dresent to aive an interim report. Mr. Jerry Chioca and Ms. Patti Griffi , stepped forward to address the y, .. Commission. Mr. Chioca stated the firm is in the process of completing the City's `- annual report. Over the last five (5) years, the City has been in a deficit position, but is now showing $801,104 in the general fund. This does not include the money ;from the City's sale of land, but only reflects the surplus in the general fund as of September 30th, 1987 . -2- CCM 1/5/88 rjn CITY MANAGER'S REPORT: Mr. Chiocca referred to the letter his firm has submitted to the City which states the following (a portion of the letter) : Excess of Revenues Over Expenditures for Year Ended September 30th, 1987 $ 2,667,988 Less Proceeds from Sale of Land (1,547,456) Operating Transfers ( 319,428) Surplus at September 30th, 1987 801,104 Mr. Chiocca introduced Jim Elens, Director of Department of Audit, Department of Community Affairs, State of Florida, to address the Commission. Mr. Elens stated he was pleased to address the Commission with an update of the City's financial stability. A year ago, the State of Florida had sent representatives to South Miami under the auspecies of•Local Government Financial Emergency Act, which Act has a triggering clause that any City running a deficit for two consecutive years is technically in a finanical emergency position. Although it was his opinion that no true emergency, which would effect the life health or safety of the residents, existed, the City had experienced a period where financial management had not followed the normal local government procedures as they exist within the State. As the City has now heard from the auditors, the financial picture has changed dramatically; there is now a surplus in the general operating fund and financial management has reverted to normal operating procedures. A report, to substantiate this, has been submitted to the Office of the Governor. The new City Administration has taken a look at some very good remedies to to the City's financial situation which had guaranteed certain incomes to the City, such as increase in taxes, privatization of the parking meters, contribution from South Miami Hospital Foundation and transfer of sanitary sewers to Dade County. Vice-Mayor McCann asked Mr. Elens to please state what had first prompted action by the State. Mr. Elens replied that it was an inquiry by a member of the press, he believes it may have been a Miami Herald staff person. Mayor Porter thanked Mr. Elens for addressing the Commission. He stated that in his eight years of office, he is happy to see the outcome of how local government can work. It is his pleasure to write on the chart he has been keeping in his office, the surplus of the City's general operating budget for 1987 in black ink. YEAR MILLAGE ANNUAL +/- 1979 6.200 38,822 1980 5.550 12,760 1981 4.909 50,873 1982 3.494 1983 3.047 (354,734) 1984 3.345 (468,215) 1985 3.891 541 545j 1986 4.049 (544,046 1987 5.969 *** 801,104 *** rrw '� - CITY MANAGER'S REPORT (CONTINUED) : 3. Detective David Lanier, South Miami Police Department, awareded a plaque, on behalf of Dade County Police Benevolent Association to Ralph Greenwood, retiring Leuitenant of South Miami Police Department for his 31 years of dedication to police work. 4. Acting City Manager thanked the Commission for the holiday luncheon provided by them for the City employees. 5: Proposals for bids for a roof of the City Hall complex and Social Services Building will be re-advertised with a submission deadline of 2:00 P.M. on January 26th, 1988. 6. James Wilhelm, Director of Security of Burdines, Florida Federated Stores, presented a plaque and a check in the amount of $500.000 to South Miami Detective Richard Rogers for his outstanding police work in the field of narcotics. He has been working with the other law enforcement agencies and has seized, among other items, cocaine with a street value of 75 million dollars. Detective Rogers accepted the plaque and check and thanked Federated Stores on behalf of himself and others involved in the narcotics programs. 7. Police Captain Romine announced a special award to the South Miami Crime Suppresion Team composed of Detectives Kranitz, Lanier .and Rogers and Officer McCue. Their active involvement have resulted in numerous robbery and burglary apprehensions and the entire team is to be congratulated. Many of :these robberies and burglaries were a result of heavy trafficing of drugs and crack cocaine and they have shown much initiative which has resulted in seizure of cocaine powder, illegal liquor and vehicles. i 8l Officer of the Month award for November, 1986, was presented to South Miami Officer Dale Owens who stopped and apprehended an armed robber and recovered all stolen property within three minutes of the crime at the South Miami Post Office. Officer Owens has been chosen as South Miami Canine Officer also, and will be training with the Departments first K-9 dog when it is purchased. Officer Owens received a plaque, letter of commendation, certificate for dinner for two at Big Splash restaurant and a check in the amount of $50.00. 9. Acting Chief Turner introduced Ms. Carol Stotzer who is the community representative from Informed Families of Dade County. She will be working out of the South Miami area. Ms. Stotzer announced that on Saturday, January 16th, 1988, McDonalds restaurant at Bird Road and Ludlam will contribute 25¢ of the amount of purchase from each large soft drink toward the County's drug prevention program. 10. Acting City Manager noted the enclave report which outlines major comparisons regarding the cost of City services to County areas that are adjoining. This would effect primarily, the North end of the City and would pertain to public works and police protection. It is his conclusion, after reviewing County figures, this program would not be cost-effective for the City and would like direction, from the Commission with regard to the City's response, to the County, in writing. € Commissioner Brown noted the City's figures are different from the County's aid further comparison may be necessary. Acting City Manager turner stated the County has put a cap of $264.00 per house as the tax base and this would not cover the City's extra expenses. However, the use of police vehicles may be beneficial , if a vehicle is available, because of the Mutual Aid Agreement between the City of South Miami , Coral Gables and Dade County. The City may wish to explore this avenue. i i CITY MANAGER'S REPORT 10 (continued): Vice-Mayor McCann stated if those in the County wished to annex into the City, there is a proper procedure to do so. The City would then benefit from tax base and be able to provide the services. Other than that, she would see no benefit in the City doing work and providing services the County should be providing. Commissioner Schwait said he has not altered his opinion that the services from the City should be concentrated on City residents.. Commissioner Andrews Lantz said she would agree with the recommendations of the Acting City Manager. Other cities, also, have tried to negotiate enclave procedures with the County and have not been able to resolve figures so they are cost-effective. Mayor Porter said he would be in favor of those wishing the services to request annexation so they pay their full share of City expenses. Commissioner Brown asked that the letter to the County state the descrepency in the figures; the County may wish to address these if they wish to pursue the matter. Acting City Manager said the letter will include this information, along with proper annexation information. 11. Director of Planning, Zoning and C ommunity Development stated, to the = Commission, that a stop-work order had been issued for Parallel Bar sign this date. "On Tuesday, January 5th, 1988, I went to Bakery Centre Parking Garage. At 2:00 P.M. I noticed two men putting up a sign on the. wall facing U.S. I. I asked the men to show me a permit for the. sign. They told me that they didn't have one. At that time I issued the men a "Red Tag" (stop work order). The men work for Bengis Signs, 7447 S.W. 48th Street, Miami." I Discussion was held with regard to size of sign letters are per the original PUD resolution. Vice-Mayor McCann stated concern that the Environmental Review & Preservation Board have granted letters of a size that are in conflict with the City's own ordinance for signs. If approval was granted, at a prior time, illegally, this would not mean the mistake is carried forth once the decrepency in size is addressed. Commissioner Schwait asked whether this sign letter .0 ze. dhange would be considered a major or minor change to the original PUD granted in 1982. I Both Mayor Porter and Vice-Mayor McCann noted this is not on the agenda in a form that allows the Commission to take action and they would consider it out- o:f- order at this time. City Attorney addressed the issue stating the Environmental Review & Preservation Board took action; an administrative appeal could be filed to address the issue. This would be submitted from Director of Planning, Zoning and Commonity Development through the City Manager. If it is determined to be a .minor change, the Administrative Appeal could be heard at the next City Commission meeting. If i i 10 (continued) : it is considered to be more than a minor change, then the sign must procede from the Environmental Review & Preservation Board through the Planning Board and then to the Commission. Mayor Porter stated the item could then be heard at the next regular City Commission meeting. Mr. Jeff Marks, priprietor of Body Works/Parallel Bar, asked the matter be addressed at this meeting as he was told to be present for this issue. He had been granted approval for a temporary sign, the sign is now partially up, and he would like the Commission to consider it at this time. Commissioner Schwait said he would have no objection to hearing the issue if it was deferred until after item #5, which had been properly scheduled for public hearing and the app;liicants are present to be heard. Commission .concurred. 11. Vice-Mayor McCann asked that the Stierheim Busutil Canon report and the Street repair report be subMitted to the Commission so questions can be asked. Acting City Manager stated the reports will be reviewed this week. 12. Vice-Mayor McCann addressed the issue of Berms on Sunset Drive at 69th Court which encroach on City property. The City had spent $1,400 do establish the fact the berms were on City:/property and she finds this amount to be way in excess of what should have been necessary to spend. The intial question, that whether or not the berms were a safety hazard or affected the public welfare had not been answered and she would like the Commission to make a decision in this regard. f Also, she has concern :if the -berms are permitted on public right-of-way for one household, there would be nothing the City could say to prohibit others from doing the same. It was brought to her attention that Code Enforcement officers had cited others for objects on City right-of-way and she would like the same regulations for all those in the City. Commissioner Schwait stated if there is a violation; it should be -cited by a 'City code enforcement officer, but individually the Commission cannot direct this to be done. Commissioner Andrews Lantz noted her property, the one being discussed, had been cited some two years ago and the case went to court. It was determined that there was no violation. This had also been stated by the City Manager (former), Department of Transportation and Dade County. In addition, Department of Trans- portation had determined there was no danger in the situation. With regard to the amount of the survey, she had contacted the City Manager, when it was discovered this was- being done, and instructed him not to use City money to take a survey when it was already on file. Her attorney also .called the City Manager and she had personally spoken with the City Attorney expressing her feelings. She was told, at that time, she could not direct the City Manager not to do the survey; it was not an individual Commissioners' decision. She, also, found the cost to be way out-of- line. There was never a question as to the property line, it is City property, but she had obtained approval from prior administration before the landscaping was done. It is her opinion the berms are a personal decision with regard to landscaping of the property; it is only dirt, grass and plants, and it is being s maintained. 4 Vice-Mayor McCann restated that this was not a question of code violation, but a question of who has the right to use City property. City Attorney Dellagloria stated the letter from former City Manager Figueredo, dated November 27th. 1987, does state there is not anv code violation. CCM -6- 1/5/88 rjn Vice-Mayur McCann stated the complaint received addresses only the fact that public property is being used for a private individual and the question she had a'sked, originally, was what right do individual homeowners have to use City property. I'n response to this,she noted the memorandum which states:".. . .As a fundamental principle of law, City ownership of right-of-way land allows the City the ability to remove any 'encroachment which adversely affects the public health, safety and welfare or which may constitute public nuisance. Further, the City may cause the removal of any encroach- ment upsn_ the City's_exercise of its- use of the right-of-way property. Additionally, the City may cause the removal of landscaping in right-of-way areas; providing, however, that any City, action of any nature outlined above be done on a uniform basis." She would agree that any procedure .would be consistent and either everyone has permission to use right-of-way land or no one has the permission to use it. Mayor Porter stated a proper motion , for a uniform law, could be made, but otherwise this is not an agenda item. Commissioner Schwait stated what he felt was a haphazard way of addressing the right-of-way use issue when triangular or circular 'buttons' to discourage parking are disallowed, but trees or plants are allowed. Planning, Zoning & Community Development Director Aran-Spinrad said the buttons are considered a permanent structure, while the other items mentioned are considered 'landscaping' . Vice-Mayor McCann stated the City should have control of what is permitted in the right-of:-way- and there could be a public .safety problem. Additionally, there could be undue stress on sidewalks, in areas where there are sidewalks, with, tree roots, and such, and it would take tax dollars to ;repaii- and or replace. Commissioner Schwait asked that either an ordinance be drated to make the City code more stringent so it is not a matter of interpretation or an appeal be made of the City Manager's decision. He is not in favor of continuing a discussion wilthout proper parperwork or agenda items being present. i Vice-Mayor McCann stated information will be presented.at the next regular City Commission meeting. CITY ATTORNEY'S REPORT 4 City Attorney Dellagloria reported that a package store had opened on SA. 59th Place and was in violation of the City's ordinances. The City Attorney and City Staff had met on a priority basis and had gone to court and had an order issued to close the establishment. This order is temporary in nature, and the City willl have to seek permanent relief by injunction. He complimented all those 'involved for their quick response to the situation. Vice-Mayor McCann asked for information on the case of Ralph Symons v. City of' South Miami. City Attorney Dellagloria responded the City had "some house keeping' issues to attend to and it was only last October the City was in the position to procede with the case. The case is still going forward and Mr. Symons is contemplating an offer from the City. If there is any breakdown in communications helwill inform the Commission and he may also wish a representative from the City tolbe a part of the case. Commissioner Schwait complimented all City Staff involved in the closing of the bar which had opened illegally. The prompt action taken was very good work on the part of the City. CCM -7- 1/5/88 rjn i RESOLUTIONS FOR PUBLIC HEARING: #4 RESOLUTION NO. 2--88-8018 A Resolution granting variances to al W* % a rear setback of 10' where 251_ setback is required and to allow .7 parking spaces where 33 parking spaces are required for Faith Tabernacle First Born Church of the Living God, located at 6141 S.W. 64th St. , South Miami , and legally described as: Lot 7 b 8, Block 1, PINES SUBDIVISION, as recorded in Plat Book 13 at Page 13 of the Public Records of Dade County, Florida. Moved by Mayor Porter, second by Vice-Mayor McCann, the resolution be adopted and assigned the next number by the City Clerk. Mayor Porter deemed public hearing to be in session and requested anyone wishing to speak for or against the resolution to please step forward at this time. Reverend Lee H. Jones, Pastor of the Church, addressed the Commission stating the Church had received a letter from the owner of the neighboring property, stating they would be permitted to park on that property. If the property is sold, the church will retain the first right to purchase. Reverend Larry Jones, associate Pastor, stated the Church needs to expand so the Church is able to have meetings and such for members of the congregation and members of the Community. The additional parking they have obtained is within the 500' radius as required and if compact spaces can be used, this would add six (6) more spaces to what they have available on site. No one else wished to speak and the public hearing was deemed closed. Vice-Mayor McCann addressed the manner in which the parking issue was stated and expressed concern with variances would be tied in to the use or purchase of the property being used for the additional parking. For that reason, she offered the following motion that would clearly express the intent of the variance: Moved by Vice-Mayor McCann, second by Mayor Porter, that Section I and the Heading of the Resolujtinnbe reworded to state: ". . . . .to allow sdven (7) parking spaces where thirty-three (33) are required. . ." and then delete Section 2, in its entirety. Motion passed unanimously:- Mayor Porter, yea; Vice-Mayor McCann,. yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. (amended above) Motion on ordinance as a amended, passed unanimously; Mayor Porter, yea; Vice-Mayor McCann, ye4; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Item #5 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING A FREESTANDING SIGN VARIANCE IN A CO (COMMERCIAL OFFICE) DISTRICT WHERE SUCH SIGNS ARE NOT PERMITTED f. . SAID SIGN BEING 618k" BY 4'5�2" PURSUANT TO PLANS -' DATED AUGUST 17TH, 1987, SKETCH NUMBER 87585 ON PROPERTY LEGALLY DESCRIBED AS LOTS 12, 13, 14 AND THE THE WEST 25' OF LOT 15, AS OF THE REVISED PLAT OF POINCIANA PARK AS RECORDED IN PLAT BOOK 41 AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A/K/A 6180 SUNSET DRIVE SOUTH MTAMT . R n PTnA 5 (continued) : Mayor Porter noted the applicant wished to defer this item as he has also applied for a change-in-zoning which will soon be heard in front of the Planning Board. Moved by Mayor Porter, second by Commissioner Andrews Lantz, this item be deferred until the next regular City Commission agenda. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Vice-Mayor McCann asked that information be obtained, before the next meeting, as to the applicants- position on the sign variance or the change of zoning to see which is the application he would like considered. FROM FLOOR: Refer discussion Pages 5 and 6 Mr. Jeff Marks, proprietor of Body Works & Parallel Bar addressed the Commission stating he thought all signs were approved as part of the original Bakery Centre Planned Unit Development. At":the end of October, 1987, he had obtained permission from then City Manager, Hector Figueredo, for a temporary sign permit. He understood that if the sign installed, under that permit was disallowed, it would be removed. The sign company has just now started to work, and the sign is only partially completed. The Environmental Review & Preservation Board has approved the size of the sign and it was his understanding this was the final permission needed. Planning, Zoning & Community Development Director Aran-Spinrad stated the pQ knit was for a temporary sign, which covers only thirty calendar days. The signs at Bakery Centre, per plans dated October 27th, 1985, show Body Works sign at 30" (letters) on the Sunset elevation. This would be the same as the AMC theatre letters also at Bakery Centre. The Planned Development Resolution, adopted in October, 1982, does not, to the best of her knowledge, address the size of the letters on the Bakery .Centre tenants' signs. City Attorney Dellagloria again stated if the Commission views the letter size _ change as minor, any rehearing can be done by administrative appeal . If the Commission feels the change in major in nature, it must then go to the Planning Board and to the Commission for final approval . Moved by Mayor Porter, second by Commissioner Andrews Lantz, the changes on sizes of lettering on Parallel Bar sign at Bakery Centre be considered as a 'minor' change to the Planned Unit Development and come back as an administrative appeal. Vice-Mayor McCann moved, Commissionef Schwait seconded for discussion, an� amendment to the motion to change the word 'minor' to 'major' . City Attorney called 'point of order' as tn �hls opinion there are two motions on the floor. ° Commissioner Schwait urged the Planning Board be included in this decision- making process whteher the change is determined to be major or minor. Vice-Mayor McCann restated her motion to 'substitute' the word major for minor; it is not a second motion on the floor. Vote on motion this be considered a 'major' change rather than failed 2/3: Vice-Mayor McCann, yea; Commissioner Schwait, yea; Mayor Porter, nay; Commissioner Andrews Lantz, nay; Commissioner Brown, nay. Vote on motion that change is 'minor' passed 3/2: Mayor Porter, yea; . Commissioner Andrews Lantz, yea; Commissioner Brown, yea; Vice-Mayor McCann, nay; Commissioner Schwait, nay. Vice-Mayor McCann asked for information on the stop work order now in effect. Planning, Zoning & Community Development Director Aran-Spinrad stated this order is what is says; work must 'stop' . Mr. Marks asked for permission to finish the lettering that has already been started. After discussion, Mayor Porter, Commissioner Andrews Lantz and Commissioner Schwait agreed lettering should be completed; Vice-Mayor McCann and Commissioner Brown disagreed since a stop work order is in effect. Item #7 RESOLUTION NO. 3-88-8019 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING. ANDRE DAWSON DAY IN THE CITY OF. SOUTH MIAMI AND NAMING ANDRE "DAWSON DRIVE IN HIS HONOR. Moved byCommissioner Brown, second by Mayor Porter, the resolution be adopted and assigned the next number by the City Clerk. Commissioner Brown stated it is a priviledge to honor a home town person who has done so much toward being an inspriation to youth in the Community and he has now been voted Baseball 's Most Valuable Player. A special ceremoney is scheduled to take place the next day at City Hall and at the street dedication site. Motion on .resolution passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Item #8 RESOLUTION NO. 4-88-8020 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR CONSULTANT SERVICES TO REVI"EW AND MAKE �R£COMMENDATIONS REGARDING CITY OF SOUTH MIAMI PAY PLAN. Moved by Vice-Mayor McCann, second by Commissioner Schwait, the resolution be adopted and assigned the .next number by the City Clerk. Vice-Mayor McCann stated the employees have been promised this review and possible revision of the City's pay plan and it is her opinion it is long overdue. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Item #9 f_ RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY' OF SOUTH MIAMI AUTHORIZING THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR PROFESS I.ONAL'�SERVICES FOR THE PROPOSED CONSTRUCTION OF A MOTOR POOL BUILDING AT THE PUBLIC WORKS SITE. rrm -in- 1 P;/RR rin Item #9 RESOLUTION NO. 5-88-8021 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PROPOSED CONSTRUCTION OF A PUBLIC WORKS FACILITY AT THE PUBLIC WORKS SITE. Moved by Vice-Mayor McCann, second by Mayor Porter, the resolution be adopted and assigned the next number by the City Clerk. Moved by Vice-Mayor McCann, second by Commissioner Brown, the heading and Section One be amended to read "public works facilities" to cover the complex. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwa.it, yea; Commissioner Brown, yea. Vice-Mayor McCann said all are aware of the condition of the public works and motor pool facilities and it is'necessary for the City to get proposals for the work that needs to be done. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. 6 i Item #10 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHROZ.ING THE ACTING CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR A CONTRACT FOR THE REPAIR OR REPLACEMENT OF SIDEWALKS IN THE BIRD ROAD AREA OF THE CITY OF SOUTH MIAMI, FLORIDA. Moved by Vice-Mayor'MtCann, second by Commissioner Brown, the resolution be adopted and assigned the next number by the City Clerk.. Moved by Vice-Mayor McCann, second by Commissioner Brown, the resolution be amended to add: "and in the areas bordered by Red Road and S.W. 59th Place and S.W. 64th and S.W. 68th Streets. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. Vice-Mayor McCann explained the repairs are long overdue and the City is in a poor posture for lawsuits if there are falls on the unrepaired property. She would like public works to address the possibilities of using soddrather than cement even in areas where there are curbs and gutters. i Helen McGuire, Public Works Director explained there are many areas where the sidewalks have been uplifted by trees and soddmay be preferable to repaving. However, she is not in the position to give a full assessment at this meeting. There i are some areas where sidewalks would be required. In the areas that will be solded the work can be done by the City's own public works Department. The sidewalk repair that has already been assessed should cost approximately $70,000 in a survey done on a street-by-street basis. Commissioner Schwait objected to the company name "Homestead Concrete and ITEM #10 (continued): RESOLUTION NO. 6-88-8022 A RESOLUTION OF. THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR A CONTRACT FOR THE REPAIR OR REPLACEMENT OF SIDEWALKS IN THE BIRD ROAD AREA OF THE CITY AND IN THE AREAS BORDERED BY RED ROAD AND S.W. 59TH PLACE AND S.W. 64TH AND 68TH STREETS. Vice-Mayor McCann urged passage of the resolution explaining that there are cost factors and public safety factors involved. The resolution is only to enter into negotiations, the Administration can make appropriate recommendations and the City Commission will make the final determination. Commissioner Andrews Lantz asked the study be done first as the City is not in a good position to negotiate when fit is not known how much sidewalk is needed. Moved by Commissioner Andrews Lantz to defer the item until appropriate study with regard to cost is completed. Motion died for lack of a second. Commissioner Schwaitasked Administration to make determination as to what is needed, and come back to the Commission. Acting City Manager noted the company name that is inserted is because the City has the opportunity to negotiate under County bid price. He and Staff will meet and go street-by-street and bring needed dollar amount back to the Commission. Motion on resolution passed 5/0: Mayor Porter, ye;a Vice=Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. 2 minute recess ITEM #11: *** RESOLUTION NO. 7-88-8023 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,AUTHORIZING THE ACTING CITY TO PURCHASE REFUSE RECEPTICLES FOR THE PUBLIC WORKS .DEPARTMENT. Moved by Mayor Porter, second by Commissioner Schwait, the resolution be adopted and assigned the next number by the City Clerk. Vice-Mayor McCann asked if the amount is included in this fiscal year budget. Finance Director Taylor responded that it is included. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea. ITEM #12 , ! RESOLUTION NO. 8-88-8024 A RESOLUTION OF THE MAYOR AND CITY COMMISSION !OF THE CITY OF SOUTH MIAMI REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND METROPOLITAN DADE COUNTY TO INSTALL SIGNS PROHIBITING LEFT TURNS ONTO S.W. 69TH AVENUE, FROM SUNSET DRIVE IN THE CITY OF SOUTH MIAM DYRING THE HOURS OF 7:00 A.M. TO 9:00 A.M. DURING SCHOOL DAYS. CCM -12- 1/5/88 rjn i i tem #12 (continued) : Moved by Mayor Porter, second by Commissioner. Andrews Lantz,. the resolution be adopted and assigned the next number by the City Clerk. ,I Mayor Porter said the resolution, sponsored by him tonight, is in the best interest of the public safety and welfare as many commuters are cutting through this residential neighborhood in order to involved the 15 mile per hour posted ' 'school zone' . Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea ; Commissioner Brown, Yea. Item #13 RESOLUTION NO. 9-88-8025 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OE THE CITY OF SOUTH MIAMI , TO REQUEST BIDS FOR THE PROVISION OF CABLE TELEVISION SERVICE IN THE CITY OF SOUTH MIAMI. I Moved by Mayor Porter, second by Commissioner Schwait, the resolution be adopted and assigned the next number by the City Clerk. Mayor Porter said there have been many complaints from residents, specifically q in regard to wrong 'bi'llings , and inability to reach the cable televisison company when there is a complaint or lack of service. Competition with anothercompany would keep the operations more Commissioner Schwait said the company is not responding to appointments and has not acted, as promised, at the City Commission meeting-. It is his opinion that the elimination of competitionhas been detrimental to the consumer. i . Mayor Porter noted he had not been present when the vote was made and asked if there had been any breach in contract - either by oral promises not kept or in the original contract. Acting City Manager responded the company has been put on notice they are in violation of Chapter 8 of the City's Code. If the situation is not corrected, the City can have a hearing to revoke the license. Mayor Porter requested the City Attorney give each Commissioner the proper process for revokation. City Attorney concluded the City Ordinance provides the City must open the process for new franchises if they wish one or more additional franchises. i Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCnan, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea.. Item #14 RESOLUTION NO. 10-88-8026 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE CITY ATTORNEY TO OFFER THE AMOUNT OF $5,500 AS COMPLETE SETTLEMENT IN ALL MATTERS IN A TORT LIABILITY CLAIM AGAINST THE CITY. Moved by Mayor Porter, second by Commissioner Brown, the resolution be adopted and assigned_the next number by the City Clerk. Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann,yea # Commissioner Andrews Lantz, yea; Commissioner Schwait, .yea; Commissioner Brown, yea. Item #15 RESOLUTION NO. 12-88-8028 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI AUTHORIZING THE ACTING CITY MANAGER TO PURCHASE A K-9 FOR THE SOUTH MIAMI POLICE DEPARTMENT. Moved by Commissioner Schwait, second by Commissioner Lantz, the resolution be adopted and assigned the next number by the City Cle k. Vice-Mayor McCann asked if the appropriate funds are in the fiscal year budget. Acting City Manager responded they arein the law enforcement forfeiture trust fund. The money for equipement is targeted in the budget (this would be for necessary 'cages' for the police vehicle). The City will be able to purchase the K-9 under the County bid price. Vice-Mayor McCann and Commissioner Brown questioned the City's position of liability having a K-9 unit. City Attorney said he will review this with the Acting City Manager and Finance Director to make certain there A s coverage for the city. . Commission instructed that no K-9 be purchased without proper insurance protection. . Motion passed unanimously: Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown , yea. ORDINANCES - FIRST READING: Item #16 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI , FLORIDA, REPEALING ORDINANCE NO. 11-86-1256. HERETOFORE ADOPTED BY THE SOUTH MIAMI CITY COMMISSION ON ON AUGUST 19TH, 1986, WHICH ORDINANCE AMENDOD SECTION 9-3 OF CHAPTER 9 OF THE CITY'S CODE OF ORDINANCES BY ESTABLISHING ONEPLACE OF POLLING FOR -ALL_GENERAL AND_Fk IA._FLE.ETIOtVS.QF THE,CITY OF THE CITY OF SOUTH MIAMI AS THE FIRE STATION LOCATED AT THE CITY HALL COMPLEX, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA. Moved by Vice-Mayor McCann, second by Commissioner Schwait, this be considered the first reading of the ordinance in its entirety and it bir placed second reading and public hearing at the next regular City Commission meeting. Vice-Mayor McCann explained the City has better response and is better equipped to handle voting for City elections as the first station, as in previous years. Commissioner Schwait stated the County had bypassed the Commissions' intention when the Commission had requested additional polling places as now residents will not be voting closer to their homes, but some must travel across town to get to.a different precinct. Commissioner Andrews Lantz agreed noting she must travel past one polling place to get to another one on the other side of town. Motion passed on first reading 4/1: Mayor Porter, yea; Vice-Mayor McCann, Yea; Commissioner Lantz, yea; Commissioner Schwait, Yea: Commieeinnar Rrnwn .,n„ Item #17: AN ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI DESIGNATING THE PLACE OF POLLIMG DATE AND TIME OF THE SPECIAL CITY ELECTION TO BE HELD IN CONJUNCTION WITH THE REGULAR CITY ELECTION ON FEBRUARY 9TH, 1988 Moved by Vice-Mayor McCann, second by Mayor Porter, this be considered the first reading of the ordinance in its entirety and it be placed on second reading and public hearing at the next regular City Commission meeting. Motion passed 4/1 :Mayor Porter, yea; Vice-Mayor McCann, yea; Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown,nay stating he is voting no because ordinance states only one precinet. REMARKS: Mr. David Tucker, 6556 S.W. 78th Terrace, offerend congratulations to the t Commission for recognizing a fine person in the field of sports, Andre-,Dawson. He also suggested the Commission honor the Miami Hurricanes for their outstanding season and declare="Victory Day" in the City, of South Miami. Commission REMARKS: Commissioner Brown asked for an update on computer training for City.employees and asked the number of persons who are now proficient on the computers the City has purchased. . He would like this report in the Commission packet of Friday, January 8th, 1988. Commissioner Brown urged the City continue to work at having the street outside of South Miami Junior High and South Miami Elementary Schhol made back to 'one=way' as the situation is very dangerous. Commissioner Schnitt : said the City is now working with Mr. Hernandez from Department of Transportation in this regard. Commissioner Brown requested someone from the City attend the seminar on Mai nstreet Downtown" if at all possible as the seminar appears to have much infor- mation that could be beneficial to the City. Commissioner Brown asked for an update on the resumes received for the position of City Manager. City Clerk said there are. approximately 35 or 40 already received and she will have them ready for distribution immediately after the January 31st application cut-off date. Vice-Mayor McCann stated her opinion that "Mainstreet Downtown" is not �._ information pertinent to the City of South Miami and cautioned that expenditures for this trip would have to have prior Commission approval . CCM y. a Commissioner Andrews Lantz announced that Russ Marchner, Director of Dade County League of Cities is recouperating at home after a triple bypass surgery. City Clerk noted those wishing to send flowers or cards are asked to contact his office at 557-1122 for instruction. Commissioner Schwait noted the agenda was long and tiring, but many vital issues had been addressed. He thanked, especially, Vice-Mayor McCann for the items she had submitted for consideration, including the issue of 'berms' on the right-of way, which needed to be addressed and resolved. There was no further business and the meeting adjourned at 11:25 P.M. APPROVED: ATTEST: MAYOR CITT CLERK i r } 1 k. t ,N - a ,:L !i , air .`, to ,;�. s r, C #• 4 i t .. '0� RESOLUTION NO. 2-88-8018 k A RESOLUTION OF THE MAYOR AND CITY COMMISSION v OF THE CITY OF SOUTH MIAMI , FLORIDA, GRANTING VARIANCES TO ALLOW A REAR SETBACK OF 10 FEET WHERE 25 FEET ARE REQUIRED AND TO ALLOW 7 PARKING SPACES WHERE 31 ARE REQUIRED FOR FAITH TABERNACLE FIRST BORN CHURCH OF THE LIVING GOD, LOCATED AT 6141 S.W. 64TH STREET, SOUTH MIAMI, FLORIDA. PLANNING BOARD ITEM NO. 87-019 WHEREAS, Faith Tabernacle First Born Church of the Living God has requested rear setback variances and parking variances to build an addition to the existing church; and WHEREAS, at the Planning Board Public Hearing of September 29, 1987, the Board recommended by a vote of 4-2 to grant the variances requested upon certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That a variance be granted to allow foot rear setback where 25 feet is required and a variance be granted to allow 7Zparking spaces where 33 are required for property legally described as: Lot 7 and 8 of Block 1 of PINES SUBDIVISION, as recorded in Plat Book 13, at Page 13 the Public Records of Dade County, Florida, a/k/a S.W. 64th Street, South Miami, I PASSED AND ADOPTED this 5th day of January ► 1988. APPRO D ATTEST: i MAYOR i C CLERK APPROVED AS TO FORM: CITY ATTORNEY R7-9-05 13-2-3 Deferral 4 The Council may defer action on any application or other matter before it, for cause, for a reasonable period of time. The Council may also refer the matter back to the Planning Board or the Environmental Review Board for further consideration and recommendation. 13-2-4 Reconsideration When any request requiring a Public Nearing before the Planning Board has' bejen acted upon by the Commission and denied or failed to phss, such proposed change, in the same or substantially similar form, shall not be recon- sidered by the Commission for a period of at least one year following the date of such action, except when denied without prejudice, in which case reconsideration is possi- ble after six (6) months. 13-3 Withdrawal of a Petition Any application for A amendment, supplement, or change may be withdrawn by a. request in writing from the applicant at any time before a ecision of the Council , but if withdrawn after adver. isement for a public hearing or posing of the propert, , the same or substantially similar application governing the same property shall not be re- submitted, except at he request of a majority of the Council , sooner than ix (6) months after the date estab- lished for the prior earing. Filing fees shall not be refunded upon any wit drawal . 13-4 Lapse of Variance A granted variance sh 11 lapse after the expiration of six (6) months if no substantial construction or change of use has taken place in accordance with the plans for which such variance was granted, or if the Council does not specify some longer period foh_good_cause shown.and_..the provisions of these regulations shall thereafter-govern extensions of variances may be granted by the Council upon proper and timely request. 13-5 Exhaustion of Remedies: Court Review No person aggrieved bk any resolution, order, requirement, decision or determinaLion may apply to the court for relief unless he has first e`•hausted the remedies provided for here- in and taken all available steps provided in this Article. # Revised 3/21/8 96 MINUTES Regular Meeting of the Planning Board ORA.FT Held, pursuant to due notice in City Commission Chambers Tuesday, September 29, 1987 7: 30 P.M. Presiding: Richard Prentiss, Chairman , Secretary: Ann Morse A. The meeting was called to order at 7 : 30 p.m. and was followed by the Pledge of Allegiance to the flag of the United' States of America. B. Present (constituting a quorum) Absent John Andrews Susan. Kraich Thomas Cooper Bruce Hoffmann Larry Ligammare Robert Myers Richard Prentiss Also in attendance were: John Dellagloria, City Attorney; Marien Aran-Spinrad, Director, Building, Zoning & Community Development; Danilo Lopez, Planner C. Public Hearing PB-87-019 . Applicant: Faith Tabernacle First Born Church of the Living God, Inc. Request #1: A Variance to allow an increase in the degree of non-conformity by reducing the rear setback from 16. 23 ' to 0' where 25' is normally required. Request #2 : A Variance to allow 15 parking spaces where 33 is normally required. Location: 6141 S.W. 64 Street Legal Description: Lots 7 and 8 of Block 1 of Pines Subdivision PB 13/2 . Ms. Aran-Spinrad addressed the Board and made some minor changes to the Staff Report which had been presented to the Board for their review. Chairman Prentiss opened the Public Hearing and asked if anyone cared to speak on this item. Minutes Planning Board Meeting -2- September 29,', '1987 The Reverend Lee H. Jones signed in and addressed the 'Board. Reverend Jones stated that as per his letter to the Planning Board and City Commission dated September 7, 1987, he was requesting the Variance for the purpose offiuther growth and for the benefit of the District Official Meetings so that the Church could bring the delegates to this area. The addition would help the Church to accommodate the delegates. Reverend Jones' s son, L.C. Jones, signed in and addressed the Board. Mr. Jones stated that there was no land available -.for the Church to buy near the Church; that it ;was necessary for the Church' s growth and development to expand the Church, and it was less expensive to add to the existing building rather than uproot and find a new location. Also. since the Church had been in this location for 50 years; the congregation would like it to stay on the existing site. There being no further im. viduals who wished to be heard, Chairman . Prentiss closed the Publi, Hearing. Chairman Prentiss asked for Staff' s recommendation. Staff recommendations were to change the Applicant' s request to a ten foot setback which would allow the 25 extra seats in the church, and Staff also recommended that the parking be chang- ed to 18 parking spaces as opposed to 15 spaces that the Applicant was requesting. Chairman Prentiss asked if Staff had discussed this change with the Applicant. Staff replied that Staff' s recommendation had been discussed with the Applicant, and the Applicant had agreed to the comprise Staff had recommended. There was a general discussion on the parking facilities for the Church, availability of lot 3 and 4 which Mr. Perry had made available to the Church for parking. There was also a discussion on the setback, amount of seating, right- of-way and the narrowness of S.W. 63 rd Terrace. Mr. Hoffmann asked the Applicant if the Church had attempted to purchase Mr.. Perry' s property as Mr. Perry's letter stated that if his property is offered for .sale that Faith Tabernacle would be offered the first opportunity to purchase same. Reverend Jones replied yes, but- that, at. this time, Mr. Perry was not ready to sell,. Mr. Hoffmann asked the Applicant what the current membership of the Church is. The Applicant stated that their current member- ship - is. approximately 60. Minutes Planning Board Meeting -3- September 29, 1987 There was a general discussion with City Attorney Dellagloria on how the Board should address the issue of the Applicant's applying for a variance stating one item and Staff proposing an adjustment to this variance. Mr. Dellagloria said there should be no problem as the Applicant had agreed to Staff' s recommendation. MOTION: Robert Myers moved for approval 'of the Staff' s recommendations. Thomas Cooper seconded the motion. Mr. Hoffmann wanted to know why Staff was willing to overlook the maximum lot coverage when the coverage on that particular lot, was already in excess of what was allowed. JMs. Aran-Spinrad said that the Applicant was grandfathered and the Applicant already exceeds the lot coverage, that the 'increase in lot coverage would be from 44 . 5% to 50. 7% a .6. 2% increase; that the Position of Staff is 'to reach' a compromise-to meet the needs of the Church and still maintain planning standards and maintain some adequate parking. There was a discussion of -the legalities involved in order to ensure that Mr. Perry' s lots would be available to the Church for parking. Mr. Dellagloria said that under the City16 joint use off-site parking regulations, the City allows any establish- ment or building to have joint use parking within 500 ft.,, and there were several ways the Applicant could be required to docu- ment the Applicant' s compliance with the parking required. Reverend Jones said that in the event that if, by some--unforeseen gi.rcumstance,(Mr. Perry' s lots were not available for the Church's use for parking that he was the owner of the property across the street from the Church and he would make that property available to the Church for parking. The Applicant raised the question as to why it was necessary for the Church to submit the signatures of the people within 300 ft. for a variance. The Applicant was advised by Ms. Aran-Spinrad , that the Applicant needed 20% of the neighbors within 300 ft. of the Church to concur with the request in order for the Applicant to qualify to proceed with the variance. Mr. Hoffmann said that he had a problem with the building being so close to the street and the fact that the Church could be seriously affected if somehow the agreement with Mr. Perry was terminated. Chairman Prentiss asked Mr. Hoffmann if he was -grppo-sing- that the motion be amended at this point: Mr. Hoffmann said chat he Minutes Planning Board Meeting -4- September 29,. 1987 was asking City Attorney if there was a need to amend' the. motion. Attorney Dellagloria said he would prefer that the Board go on record with a stated condition as part of the recommendation to the Commission. Attorney Dellagloria suggested the following language: `That these variances are conditioned Upon'__thia_•-,Apglicant providing continuing documentary evidence of compliance with the joint use in off-site facilities requirements of Section 7-1=3 of Chapters XX of the City Zoning Code. In the event the'Appli- cant does not have the ability to provide the 18 spaces, the Applicant will utilize so much of the Church structure as -there is available parking. " MOTION: Robert Myers moved to amend the motion to be subject to appropriate documenta- tion be provided that the Church does, in fact, have a legal lease of lots 3 and 4 for parking for a period of not less than S years. The motion died for lack of a second. MOTION: Bruce Hoffmann moved to amend the Motion as suggested by the City Attorney. Thomas Cooper seconded the motion. Vote: Approve: 6 Oppose: 0 Mr. Hoffmann said that he had a problem with the over- use of the property, the proximity to the street and the general effect that this variance will have on. the overall area, and he does not see the hardship for the expansion that is being requested. Mr. Prentiss stated that he did not see in the Staff Report where a hardship did exist. A discussion ensured on what constituted a hardship and whether or not there was a hardship involved for this Applicant. Chairman Prentiss called for a vote on the amended motion. Vote: Approve:---.4-:--john Andrews Thomas Cooper Larry Ligammare Robert Myers Oppose: . 2 - Bruce Hoffmann Richard Prentiss Minutes Planning Board Meeting -5- September 29, 1987 Attorney Dellagloria changed the language of the amendment to read as follows: "That these variances are conditioned upon the Appli- cant providing continuing documentary evidence of compliance with joint use in off-site facilities requirements of Section 7-1-3 of Chapter XX of the City Zoning Code. In the event the Church does not establish compliance with the above requirements, this variance will be void with no further recourse and effect and the Church shall utilize the Church structure in accord with the applicable on-site parking requirements. " the Board ratified the change of wording. D. Public Hearing PB-87-021 w AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING ALL SECTIONS OF CHAPTER XX OF THE CODE OF ORDINANCES OF THE CITY BY ELIMINATING ALL ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION FROM THE SCHEDULES OF USES PERMITTED; ESTABLISHING A NON-CONFORMING USE FOR EXISTING LICENSED ESTABLISHMENTS; ESTABLISHING STANDARDS FOR SPECIAL USE PERMITS TO BE ISSUED FOR ANY FUTURE ESTABLISH- MENTS; PROVIDING FOR SEVERABILITY, PROVIDING ALL ORDINANCES IN CONFLICT HEREWITH BE REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. Chairman Prentiss opened the Public Hearing and asked if anyone cared to speak on this item; hearing none, the Public Hearing was closed. MOTION: Thomas Cooper moved for approval. John Andrews seconded the motion. Mr. Myers stated that he would like to hear some background as to why this ordinance was being proposed. City Attorney Dellagloria said that the ordinance before the Board essentially deals with the code as it now exists regarding where these types of businesses can operate. What this ordinance does is grandfather in the existing establishments as to their location and in the future, any restaurant, any bar and any nightclub would only be permitted to exist in a zone as delineated from this point forward. Addi- tionally since all establishments are to receive Occupational Licenses from the City, all establishments whether grandfathered in or not would be properly designated. There was a discussion of the ordinance and some suggested changes to page three of the ordinance. Citti Of South Miami INTER—OFFICE MEMORANDUM TO: Marien Aran-Spinrad DATE: September 24, 1987 Director, Building, Zoning & Community Development FROM' Danilo Lopez SUBJECT: Staff Report on Faith Tabernacle Planner Public Hearing PB-87-019 SPECIAL DATA Applicant: Faith Tabernacle First Born Church of the Living God, Inc. Address: 6141 S.T . 64 Street, South Miami, Florida 3314.3 Legal Description: Lots 7 and 8 of Block 1 Pines PB 13/2 . Request #1 A variance to allow an increase in the degree of non- conformity by reducing the rear setback from 16. 23' to ]D' where 25 ' is normally required. Request #2 A variance to allow 18 parking spaces where 33 are nor- mally required. Description 1. The Church site is made up of two adjacent lots that have a total area of 4000 sa. ft. (50 'x80 '') . The resulting lot houses the Church and the Pastor' s home, non-conforming with respect to use, rear setback and lot coverage. See attached Zoning Review Sheet. 2 . On March 19, 1985 , the ERP Board approved an entry portico addition to the Church. See Minutes attached. 3. On May 7, 1985, the City Commission granted the Applicant a variance to allow an entry portico with a 3. 95 foot front set- back where 25 foot front setback 's normally required. See Staff Report and Ordinance #13-85-1229. 4. Due to an expected increase in membership and visitors, the Applicant wants to expand the Church' s seating capacity from 75 to 100 seats. Analysis Several Sections of the Zoning Ordinance place restrictions on this petition: 1. Section 5-4-2 . 01 "Uses Permitted" Uses permitted in RS-4 District (Single-Family Residential) are dwelling, single-family, park or playground, public. Churches are not permitted in this District, but this is a non-conforming use which was erected in 1937 and is thus grandfathered in. ZONING REVIEW SHEET Date Ac-I dLA S-r Project Addliion to Qyireh Address 6t4e Owner T:ele-th Tabernoi c le _ . Telephone 6o&t - 5(V 4o Designer ACAS F1 ggLer —_ T01epl1one ---Z3 -District - 12 S- ---- ,----- Lot of f'.eo o ; ----- S - --- Use permitted Yes c Special Use Yes Accessory Use Yes No Existing nonconforming use es No A11o:,,ed/Rewired Proposed Sign f lot aIe<:i G OC�O t iJY. i r): . ;; lot frontage 5o CyR' f1A _ front setback. -- 251 _ �.q51 CvA;z1 r-;) --- --- - -------------- - side. setback -IDS - -1112 w.rd Yes No side corner - fty�/o-GO�tFv? iN61 sir.e _ rear setback All owed Yes --- ila FAR – _ – building height 1 20� Comments lot coverage I-1 4 s 2)^-- A A _- density - - land average - - landscaping - - ( 1 ) parking total 1 -1 I-I standard � � -- -- --- '.-- compact cv h3I2d1Cap Comments 6A PA61-u of 75 Fr-z.' -r- I ?M?.rjN<o sPAce, PE!? (2) T CDV5;12r4 6 a -S.F.) No/d -G�n1 Gcn-r:llr�� l;P� sl✓tr��.K, ANb I.cT �v6RA��• Revised by ►,a Pr z Staff Report -2- September 24 , 1987 2. Section 5-4-3. 01 "Minimum Lot Size" The minimum lot size allowed is 6000 sq. ft. This parcel is made up of two 251x80 ' lots resulting in a 4000 sq. ft. lot. Again, this is a non-conforming characteristic. 3. Section 5-4-3. 02 "Minimum Yard Setbacks" The minimum side setback is 7z ' . The building has 5. 84 ' set- back at the east side of the property and 2 .11' setback at the west side. The Church has a front setback of 3. 951 . The existing rear setback is 16 . 23 ' (where 25 ' is normally required) . All of the setbacks are non-conforming. The Appli- cant wishes to eliminate the rear setback in order to increase the Churches seating capacity. 4. Section 7-1-2 "Parking in Yards" Parking is permitted in required yard setback areas except that parking of commercial vehicles of one-ton or greater capacity are not permitted in residential districts. The lot .does not have any parking facilities for patrons attend- ing the Church services. They park on the streets, on lots 3 and 4, west of the Church' s sites and ift the front and rear setback of the Church.* There is a letter (attached) from the owner of such lots, Mr. Lee R. Perry, authorizing the Church attendants to utilize his lots as off-street parking. 5. Section 7-1-1. 04 "Space Requirements" 'Whenever a building constructed after the effective date of this regulation is changed or enlarged in floor area or seating capa- city to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. " Since the Church does not have any parking sapces and it is the first time it is going to be enlarged, the Applicant should-be able to provide parking for the members. The increase in parking spaces needed for a change from 75 members ,.to 100 members is 8 spaces (from 25 spaces for 75 members to 33 spaces for 100 members) . (That is an increase of 33% in parking needs. ) Nevertheless, according to the Applicant, only a small number (5-6) of the Church members go to the services by car; the rest live within a walking distance from the premises. When out of towners use the Church' s premises they are brought in by a chartered bus. With the increase in seating capacity, about ten people, according to the Applicant, would be .parking on 1 Mr. Lee ' s lot. Front of building is not flush. There is an area in front. of the Pastor' s house to park two vehicles. Staff Report -3- September 24 , 1987 Staff inspected the site and found out -that 15 cars can be accommodated at the lots owned by Mr. Perry Lee. Applicant stated to Staff that only on very special occassions do they fill up the two lots and on one occassion last year, they obtained authorization from the Chief of Police to park on the streets. 6. Section 5-4-3. 04 "Maximum Lot Coverage" Section 9-8 "Building Non-Conforming in Height, Area of Bulk" The maximum lot area that may be covered by structures shall not exceed 30% of the total lot area. A building non-conforming only as to height, area or bulk requirements may be altered or extended, provided such alter- ation or extension does not increase the degree of non-conformity in any respect. The existing structures are non-conforming in area, as they are 1780 sq. ft. instead of 1200 sq. ft. (44 . 5%of lot coverage instead of 30%) . With the proposed addition, the degree of non-conform- ity would be increased from 44 . 5% of lot coverage (1780 sq. ft. ) to 61. 4% (2456 sq. ft. ) . Thus, the Applicant is requesting a variance for this increase in the degree of non-conformity. Criteria 1. In order to decide whether the variances to allow an increase in the degree of non-conformity and 15 parking spaces where 33 are normally required, Staff set the following criteria. - A hardship has to be demonstrated. - A parking solution has to be provided. - The increase in the degree of non-conformity. shall not adversely affect the neighboring properties. 2. In this case, it is clear that the size of the parcels the Church is- located in are too small to permit a reasonable use of the land under the current zoning regulations. A more intense use of the land is required in order to .satisfy the Church membership needs of growth, parking and expansion. 3. Nevertheless, an extension of the back of the Church to Of setback is not recommended as 64th Terrace is a very narrow street and the bulk of the Church building would have a detri- mental effect on the neighboring properties. (See sketches). 4 . After conversations with the Applicant and an inspection of the interior of the Church, Staff found that the Applicant wishes to increase the seating capacity to 100 members (25 up from .75) . By adding 610" of space to the Sanctuary, the Church would be able to house 25 more attendants. This would leave a 1010" rear set- back, which Staff believes would be better than the 010" setback requested. Staff Report -4- September 24, 1987 5. Regarding the .issue of parking, the Applicant has proposed the use. of lots 3 and 4 of the same block. The owner of these lots, Mr. Lee R. Perry granted Faith Tabernacle, use of his property for parking purposes during worship services. (Letter attached) 6. Lots 3 and 4 are presently vacant, they are used by worshipers to park between 5 - 6 cars. Arranged as per submitted Sketch #3, the vacant lots could take 15 cars. Although this is not a standard solution, Staff believes it can satisfy the Church parking needs if implemented in an organized manner. 7 . Sketch #4 is an alternate parking solution that the Planning Board may want to consider. The Zoning Ordinance Standards have been incorporated and 11 spaces are provided. 8. In both alternatives, two additional parking spaces, now avail- able, at the existing Church have to be counted. In Alternative #2 , (Sketch #4, 10' rear setback) parking in the rear yard setback is permitted for five additional vehicles. Alternatives 1. For rear setback, the Planning Board can choose any dimension from 16 . 23' to 0' . The Applicant has 16. 23 ' now and is requesting 0 ' . Staff proposes 10 ' 0" rear setback to allow more parking spaces and more open space at 64th Terrace. If the 10 ft. lot setback is chosen, the degree of non-conforming area would be increased from 44. 50 (1780. sq. ft. ) to 50. 70 (2029 . 6 sq. ft. ) . 2 . For parking, two alternatives are presented. Sketch #3, proposed by the Applicant, with 15 spaces at Mr. Lee Perry Is property plus two spaces at the Church site. Sketch 04 is a proposal by Staff with 11 spaces at Mr. Perry' s property plus seven spaces at the Church site. Staff believes that 10 ' rear setback and parking solution as per Sketch #4 , comply with the, criteria established to satisfy this request. Recommendation 1. To grant a variance to allow the degree of non-conformity by reducing the rear setback from 16. 23 ' to 1010" where 23' 0" is required. 2. To grant a variance to allow 18 parking spaces where 33 Ore required. Parking solution as per Sketch #4, attached, must be adopted by Applicant. This implies that Faith Tabernacle will either own or lease lots 3 and 4 block 1, Pines Subdivision for as long as the Church operates at its present site. DL/am 7 l L i � I \ II I lt' � ✓_ _ � h ��1 a N OT r � L S .- i t _ i T i r 1� 01 _ 7ili { n W iR " J4 3 15 — 'b x P�KIN(� SPACE-S- ze. . if1 (41� FIZ 49 c� "s i L I NG x - y 7 { (� 1 p I—,--51Pr-I Vd Ok1,K Gy Rp 64 STR��'f I 5c�(k 20 1 PMIr ea sl'A tr<s ptr Pty. coin . 1$•�S' 13.ti' Is:z�' 5 S 7 Z or 9 pRo PETrry < 3 � i Z 0 �f Ga} STIZ�T R GoM M C a. 1't�F�l.if;'JO 'li F. PUSLICAT1ONS ANI) 1:l, .1?►' ,'1' F liR PROPOSALS Ord : n•,nce Other . - - - I - - - i Request for Propor.al (Copy attached) Publication prepared b� ~ Approved by `City Manager on I - Approved by City Clerk On Approved by City Attorney on 1-3) 10 . _ P-] i Published by De M. ev pmenf' artment on Iz ,C e - with �. (date ) ( a ofPub] ic.3t i on ) i Copies of notice of publication sent to: City Manager File City Attorney File City Clerk File I-Pianning Dept . File Other ( ) Note: This Notice must go to Miami Review by 8:30 .am, §-44-and be ,published On -- i i i city of S®UM Miami 6130 Sunset Drive, South Miami, Florida 33143 6675691 October 7th, 1987 MIAMI REVIEW P.O. 30X 010589 MIAMI , FLORIDA 33010 ATTENTION: LEGAL ADVERTISING Dear Sookie: Please advertise the following legal notice, one time only, on Friday, October 9th, 1987, forwarding proof of publication to this office. Thank you. Cc r i �— osQTary Jor n m r' /rJn C 'r'y Clerk �- LEGAL NOTICE There will be a public hearing on Tuesday, October 20, 1987, at 7:30 P.M. in the Commission Chambers at South Miami City Hall , 6130 Sunset Drive, South Miami , for the purpose of hearing views of interested persons concerning the agenda items as noted below. The proposed ordinancefs may be inspected in the office of the City Clerk during normal business hours. You are hereby advised that if. any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. ROSEMARY JORDAN LAYMAN CITY CLERK (Please see attachment) A RESOLUTION OF THE MAY&V AND ATY COMMISSION OF THE CITY OF SGUTH MIAMI , FLORIDA, GRANTING VARIANCES TO ALLOW A REAR SETBACK OF 1C FEET FI E„ WHERE 25 FEET TIRE RI?O`.]� I'T' '% AND TO ALI.�>� PARKING SPACES WI3 4L 33 ARZ, PEQUIR D . ..LOr. FAITH TABERNACLE i;Il`:;:i' i?nl'.'� r'I Ur C i3 Ol' "• H LIVING GOD, LOCATA AT 51 ] S .t,'. 54TH STR E T, SOUTH MIAMI , FLORIDA. t 00i $ of is i 6130 Sunset Drive, South Miami, Florida 33143 667-5691 September 14 , 1987 Ms. Sookie Williams Review Publications, Inc. 100 N.E. 7 Street Miami, FL 33132 Dear Ms. Williams: Please advertise, one time only, on September 15, 1987 in the "Miami Review" newspaper, the attached Notice of Public Hearings (PB-87-019 and PB-87-021) . Use the closest size to 12" x 6" and forward proof of publication to the Building, Zoning and Community Development Dep-artment at the above address. Account #42 001-01. Should. you need any further clarification, please contact me at 667-5691. Sincerely, Marien Aran-Spinrad Director, Building, Zoning and Community Development MAS/am attachment cc: Hector Figueredo, City Manager John Dellagloria, City Attorney Rosemary Nayman, City Clerk Files/ Chronological (2) "City of Pleasant Living" : . _411o�r�A6 PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, September 29y 1987 at 7:30 P.M. at the City Commission Chambers, the Planning Board of the City of South Miami will conduct the following Public Hearings: PB-87-019. Applicant: Faith Tabernacle First Born Church. df the Living God, Inc. Request 4,1 : A variance to allow an increase in the degree of non-conformity by reducing the rear setback from 16.23 ft. to 0 ft. where 25 fto.is normally required, Request X12: A variance to allow 15 parking spaces where 33 is normally required. Location: 6141 S.W. 64 Street Legal Description: Lots 7 and 8 of Block 1 of Pines Subdivisi6n PB 13/2 PB-87-021 . AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ALL SECTIONS OF CHAPTER XX OF THE CODE OF ORDINANCES OF THE CITY BY ELIMINATING ALL ESTABLISIDIENTS SERVING ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION FROM THE SCHEDULES OF USES PERMITTED; ESTABLISHING A NON-CONFORMING USE FOR EXISTING LICENSED-.ESTABLISI EN'TS: ESTABLISHING STANDARDS FOR SPECIAL USE PERMITS TO BE ISSUED FOR ANY FUTURE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY, PROVIDING ALL ORDINANCES IN CONFLICT HEREWITH"BE REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. �1t -1, YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING„ SUCH PERSON WILL NEED A RECORD OF THE _ PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED 70 ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MAD ER WHICH RECORD INCL UE)E.5 '1"H f= TEST"i Iv10NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 206. 0105) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL-, 6130 SUNSET DRIVER SOUTH MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATl"ENO. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY 13C MADE IN PERSON AT THE HEARING OR FILED IN WRITING 11141014 1'0 OR AT Ti,AE HEARING. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVFR THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE BEARD BY THE CITY COMMttiSION AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING_INUMBER WHEN MAKING INQUIRY. PLANNING BOARD PS6100-7 Bz REV. 12-9-01 THIS IS A COURTESY NOTICE PUBLIC NOTICE PUBLICATIONS AND REQUEST FOR PROPOSALS Ordiaance ply-�'1-021 Special Use Permit Other: [Z �soLu-t1ar1 Qf3-?1.7 H ( 2 YA-VIMCL.5) Request for Proposal (Copy attached) Publication prepared by_ f Approved by City Manager on b Approved by City Clerk on _ ( A4 Approved by City Attorney on Published by_Y-_13 77 G b Department on -L4 t-.Sr-> SHPT• I� I`'I�"� (date) with M1(kMI 10L-V'1L-W (name of publication) Copies of notice of publication sent to: City Manager file City Attorney file City Clerk file Planning Dept. file Other C " } FV oIn+ T(x- 0 19 AM q - City of South Miami .. un PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, September 29, 1987 at 7:30 P.M. at the City Commission Chambers, the Planning Board of the City of South Miami will conduct .the following Public Hearings: PB-87-019. Applicant: Faith Tabernacle First Born Church lof the Living God, Inc. Request #1: A variance to allow an increase in the degree of non-conformity by reducing the rear setback from 16.23 ft. to 0 ft. where 25 ft:,is normally required. Request #2: A variance to allow 15 parking spaces where 33 is normally required. Location: 6141 S.W. 64 Street Legal Description: Lots 7 and 8 of Block 1 of Pines Subdivision PB 13/2 PB-87-021. AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ALL SECTIONS OF CHAPTER XX OF THE CODE OF ORDINANCES OF THE CITY BY ELIMINATING ALL ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION FROM THE SCHEDULES OF USES PERMITTED; ESTABLISHING A NON-CONFORMING USE FOR EXISTING LICENSED719T'ABL.I ENTS: ESTABLISHING STANDARDS FOR SPECIAL USE PERMITS TO BE ISSUED FOR ANY FUTURE ESTABLISHMENTS; PROVIDING FOR SEVERABILITY, PROVIDING'ALL ORDINANCES IN CONFLICT HEREWITH BE REPEALED, AND PROVIDING FOR AN EFFECTIVE DATE. i :II YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 286. 0105) PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL-, 6130 SUNSET DRIVE, SOUTH MIAMI. FLORIDA, AT THE TIME AND DATE STATEO ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE 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 COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR _ THE AREA INVOLVED. THE BOARD'S 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 ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD PSBIOO-7 BZ REV. 12-9-81 THIS IS A COURTESY NOTICE I - - - -- -� - •4123 j 22,Zr 20 � �9 R >t �� 14-1 J3 o 9.5 � °l3 � �:'• J t 3 9 h ' I 33 2 14 n . BM 85 8/4. p 8 x"88 i $7 • If) e� I �t �� a 0Q ,�" d`p ba bg in cl,64 UN 7/ I 74 7K . N. PLACE �� - h ` -50 y� d 7d 4,�Y B' - tT 2 Easement T,1.32^ -loo, ioo - 5.2 n ! 3.5 U9 Ac 09 Ac 0 Ac .O c 3 2 l 0 5 0 60' � � �`,� 's • iU� ;z; 16 b2 3 1 - 5 o - 09 Ac .09 Ac .09 Ac .09 Ac .11 Ac QI 6081 . . .5 4 9 �t°!l_ _-.-•- ---- _ . / FO_ 6 5 60 _ 6041 A ERR" e59,ZU I 6r7A 6124 _ 6100 . • p � � � o 4 ro �� 107.3' 110' 110' G, I J 1 6-170 la Tract .e J•" a - 85.4 197.07 1 ---_6 400 r h� z�c.6 rn o0 I -- 6190 GOD - j -;1 b 10 fSDd ; Sif ® . "',i APPLICANT: Faith Tabernacle First Born Church of the Living God, "Inc. OWNER: Faith Tabernacle MAP REFERENCE: 6141 S.W. 64 Street COMMENTS: li,-Variance .to .allow increase, in degree of non- Co pass conformity 'by reducing the rear setback from 16,25' to. 0.' where 25 is required. #2-Variance to allow 15 arkin s aces where 33 Scale . 1'. .= 1198 P g P - Date . August.1987. , are llowed. �f Drn . ADL. .Chk . . . . . CI T i AF MU 1 T 9 MIAMI PLANNING a0A P D Bearing NopB;S�.ot� J4 Y Pz 016 i Z 14- .9 60" Q - Z A. 54 3,5 3 7 ....... "Orr" Lk SSW -2liv 4�i or jr I V 1 j 7 0 go ? S li e r- p �ku 40' 7 Rs 7- 0c PLAC -.0 65 !2' ;�'3.56nent 0�2 0 n2 (To' @9 _3� 10 (0) .09 Ai' .09 Ac .0 Ac . c A5 -9 Ac .09 Ac .09 A .09 Ac .11 Ac CJ7 6411 6(27.9 7 j 60 81 .. _5 604.9 6041 S. ky, 6 t TERR ICA. I'l 2 4 6,100 1z 62 7 4 0�160 7 .31 770, 170, 170 kit Tta C 6' .........�.5 oil 6ro/ 1 8 APPLICANT: Faith Tabernacle First Born Church of the Living God, Inc. OWNER: Faith Tabernacle MAP AP REFERENCE: 6141 S.W. 64 Street COMMENTS: #-I-Variance to allow increase in degree of non- Co (pass conformity by reducing the rear setback from 16,25' to 0' where 251 is required. Scale . 1" = 100' . #2-Variance to allow 1.5 parking spaces where 33 Date . Augus*t* i§�7* are Ilowed. Drn . ADL . .Chk . . . . . CITY or MTV MIAMI ^& PLANNING [50� R'v" Hearing No Lawton Walker & W. Birtha Taft & Lureathei. _a.trick A -, ;a mbra o 6255 S!.W. 62 CT. 6123-25 S.W. 63 Terr. 6 Miami,FL. 33143 So. Miami,FL. 33143 So. 3 Luciou's McGriff Jr. Lee Jones Angel Lazaro Zambrano 6321 SI.W. 62 Ct. 14281 Polk Street 6083 SOW. 63 •Terr. South Miami,FL. 33143 Miami,FL. 33176 So. Miami,Fl. 33143 Leroy Amaker & W. Sylvania Christopher Bowman William & Margaret Montgomer,; 6259 SI.W. 62 CT. 6151 S.W. 63 Terre 1.4560 Pierce St. So. Miam.i,Fl. 33143 So. Miami, FL. 33143 Miami,FL. 33176 i •i Roy & JoAnn Jeffery Homestead Inv. Inc. J Vil M lar 6210 S.W. 63 Terr. 633 N. Krome Ave. 1 ve So. Miami,FL. 33143 Homestead FL. 33033 MF ' 3 67 Leroy & Wiley Butler Kenneth L. Krefetz 6345 SOW. 62 Ave. Meta Bellone c/o Metropolitan Fuel Oil Co. So. Miami,Fl. 33143 6050 SOW. 63 St. 3675 Ni.W. 58 St. South Miami,Fl. 33143 Miami,FL. 33142 I , Dorothy & Michael Spetor & George & Mattie Pegram Ann Hoskin Rosalino & Ann & Bayard 70 Casuarina Concourse I 6074 SOW. 63 63 St. 6900 Barquera ST. Cora]_ Gables, Fl. 33143 South Miami;FL. 33143 Coral Gables, FL. 33146 Mildred Diehl & Dorothy Mile: Annie Lee Oliver �. Jessie McDaniel 550 Jeronimo Dr. 6117 S.W. 64 ST, i 6066 S.W. 63 St. Coral Ga.bles,FL. 33146 So. Miami,Fl. 33143 South Miami,FL. 33143 i Ruby Johnson Pennie Maynor & Rosa Everett I Maude Lane 6198 S�W. 63 St. 6440 S.W. 58 Pl. 6090 S.W. 63 St. Miami,Fl. 33143 So. Miami,FL. 33143 I South Miami,Fl. 33143 j Lee & Theresa Perry Mount Nebo Baptist Church I , Mary Johnson 6221 S.W. 62 Terr. 6075 S.W. 64 St. c/o L. Davis So. Miimi,FL. 33143 So. Miami,Fl. 33143 Riviera Beach,F1. 33404 Twenty First Century Dade County Urban Renewal 121 N.W. 39th Ave. 1401 N.W. 7 St. Miami,FL. 33126 Miami,FL 33125 I � T f Lur ajherJ+ick Mae D. Pough & Mamie Coakley 61 - . 11 14215 Jeffeson St. i Miami,FL. 33176 I Ma t� Jom e Dade County .R®E. 1401 N.W. 7 Street Building (D) Miami, Fla 33125 Mattie Johnson Hartman Scavella 6124 S.W. 64 Terr. 6421 S.U. 58 Place South Miami,FL. 33143 South Miami, El 33143 I Doris Miller 6100 S.W. 64 Terr. South Miami,FL. 33143 Jesse Williamson 331 Emerson ST. NW .,' Washington,DC. 20011 i John. Fryar I . 14580 Harrison St. Miami,FL. 33158 Willie Turner 6081 S.W. 64 Terr. South Miami,FL. 33143 i Jesse Brown 6065 S.W. 64 Terr. SOuth Miami,FL. 33143 Walter Jones and Marion Boyer I Walter Jones & Marion Boyer 6049 S.W. 64 Terr. South Miami,FL. 33143 Dder' ount L401�r1G. . \, J .B thlb. i 11 e r Yvonne James 14 6175 S.W. 64 Terr. South Miami,FL. 33143 J.B . Tharp L. Miller Edna Mae Stokes 14356 N.W. 15 Drive 6174 S.W. 64 Terr. Miami,FL. 33167 South Miami,FL. 33143 I � Grace Saunders & Louise McCall 9 Holyoke Lane Willingboro, N.J. 08046 i ShedricklWoodward 6039 S.W. 63 Terr. South Miami,FL. 33143 Ruby Lucile Jones 6105 S.W. 64 Terr. South Mami,FL. 33143 i I � Y 00 ,R of Soudi Miami 6130 Sunset Drive, South Miami, Florida 33143 6675691 July 23, 1987 Rev. Lee H. Jones, Pastor Faith Tabernacle First Born Church of the Living God, Inc. 6141 S.W. 64 Street South Miami, FL 33143 HAND DELIVERED Dear Rev. Jones: This is to inform you that we have reviewed your Application to the Planning Board regarding a variance to allow a zero rear set back at your Church's property located at 6141 S.W. 64 Street. After comparing the lot and existing structure dimensions that are shown in the survey with those shown in the proposed plot plan addition, we found a discrepancy as follows: According to the surveyc:there.:are 16.23 feet available to extend the back of the Church; according to the addition floor plan, you intend to extend the back of the Church 16.66 feet. This would encroach the Public Right of Way. Please have your designer correct this discrepancy and resubmit drawings by Monday, July 27 so we can advertise you Public Hearing on Tuesday, July 28. Should yo need urther clarification visit us or. call 667-5691. S cerel ; it 0 opez Planner ADL/am cc: Marien Aran-Spinrad Director-Building, Zoning & Community Development Project File File "City of Pleasant Living" APR 17 RECI 6621 S . W. 612�nd . Terr . South Miami , Fla. 33143 April 17 , 1987 Chairman South Miami Planning Board 6130 S . W. Sunset Drive South Miami , Fla . 33143 Dear .Sir: As owner of Lots 3 and 4, Pines Sub-division located in South Miami , Fla . , this communication acknowledges that permission has been granted to Faith Tabernacle , First Born Church, Inc . located at 6141 S . W. 64th . St . , South Miami , Fla . to use said property for parking purposes by people who attend Worship Services at said Church . At the present time there are no plans to develop or sell this property. In the future if this propertyis offered for sale Faith Tabernace will be afforded the first opportunity to purchase same . Very Truly Yours , X-C P.. &Y-M. Lee R. Perry 1 6621 S . W. 62nd. Terr. South Miami, Fla. 33143 April 17, 1987 Chairman South Miami Planning Board 6130 S . W. Sunset Drive South Miami, Fla . 33143 Dear Sir: As owner of Lots 3 and 4, Pines Sub-division located in South Miami, Fla . , this communication acknowledges that permission has been granted to Faith Tabernacle , First Born Church, Inc . located at 6141 S . W. 64th. St . , South Miami, Fla . to use said property for parking purposes by people who attend Worship Services at said Church. At the present time there are no plans to develop or sell this property. In the future if this propertyis offered for sale Faith Tabernace will be afforded the first opportunity to purchase same . Very Truly Yours, Lee R. Perry 1 { it/t 7a� �l EP 1 Cku�clr o� me � 0g 6141 SOUTHWEST 64th STREET `�Q SOUTH MIAMI, FLORIDA 33143 CHURCH PHONE: 665-5640 HOME PHONE: 238-8029 September 7 , 1987 City Officials of South Miami Florida Planning & Zoning Board and City Commissions TO:. City Officials FROM: Faith Tabernacle First Born Church of the Living God , Inc . RE: Special Use Permit Variance We the Pastor and Local Trustees along with the congregation of Faith Tabernacle First Born Church, Inc. 6141 S.W. 64th Street South Miami, FL 33143, Hereby re- quest a Special Use Permit and Variance to allow us to utilize the building at 6141 S.W. 64th Street South Miami. This Church has been at this site since April 7, 1937. The City of South Miami Zoning Ordinance require Churches in RM-18 Zone to have two (2) Acres of Land. However at the time of purchase of this land on April 7, 1937, only two (2) lots was granted for the building. We are now using lots three& four (3 & 4) Sub-Division located in South Miami for parking. The owner Mr. Lee Perry has given the Church permission for usage of the lots and for future sale. Variance to .allow an increase in the degree of non-conformity. by reducing the rear setback from 16.23' to 0' where 20' are normally required. Variance to allow 15 parking spaces where 33 space is normally required. People now parking is 5-6; people that will be parking 6-10; parking provided 15. We are seeking variance against these requirements, for the purpose of further growth, not only for the members here, but for the benefit of the Dis- trict Official Meetings. Whether than taking them out of the South Miami Area we would like to bring the delegates into this area, which will benefit both the city and the community. . Being in this community for the past fifty (50) years, we have been able to provide not only spiritual inspiration to the comauzity, but moral and temperal support also and we wish to continue to do so with your help on the proposal. In trying to comply with all the City's Ordinances it becomes more than a hardship for our small membership. We have provided for you the names of the property owners and tenants within 300 feet. of our property and we have their approval and support for our project. We the Pastor and the Trust Board of this said Church appreciates your cooperation in this matter. Supt. Lee H. Jones ditl� 7104, �l O �{turcti o� tie 6141 SOUTHWEST 64th STREET - SOUTH MIAMI, FLORIDA 33143 SOW CHURCH PHONE: 665-5640 HOME PHONE: 238-8029 APRIL 20, 1987 CITY OFFICIALS OF SOUTH MIAMI FLORIDA PLANNING & ZONING BOARD AND CITY CO 'IISSIONS TO: CITY OFFICIALS FROM: FAITH TABERNACLE FIRST BORN CHURCH OF THE LIVING GOD, INC. RE: SPECIAL USE PERMIT VARIANCE WE THE PASTOR AND LOCAL TRUSTEES ALONG WITH THE CONGREGATION OF FAITH TABERNACLE FIRST BORN CHURCH, INC. 6141 S.W. 64TH STREET SOUTH MIAMI , FL 33143, HEREBY REQUEST A SPECIAL USE PERMIT AND VARIANCE TO ALLOW US TO UTILIZE THE BUILING AT 6141 S.W. 64TH STREET SO. MIAMI . THIS CHURCH HAS BEEN AT THIS SITE SINCE APRIL 7, 1937. THE CITY OF SOUTH MIAMI ZONING ORDINANCE REQUIRE CHURCHES IN RM-18 ZONE TO HAVE TWO (2) ACRES OF LAND. HOWEVER AT THE TIME OF PURCHASE OF THIS LAND ON APRIL 4, 1937, ONLY TWO (2) LOTS WAS GRANTED FOR THE BUILDING. WE ARE NOW USING LOTS THREE & FOUR (3 & 4) SUB-DIVISION LOCATED IN SO. MIAMI FOR PARKING. THE OWNER MR. LEE PERRY HAS GIVEN THE CHURCH PERMISSION FOR USAGE OF THE LOTS AND FOR FUTURE SALE. WE ARE SEEKINNG VARIANCE AGAINST THESE REQUIREMENTS, FOR THE PURPOSE OF FURTHER GROWTH, NOT ONLY FOR THE MEMBERS HERE, BUT FOR THE BENEFIT OF THE DISTRICT OFFICIAL MEETINGS. WHETHER THAN TAKING THEM OUT OF THE SOUTH MAIMI AREA WE WOULD LIKE TO BRING THE DELEGATES INTO THIS AREA, WHICH WILL BENEFIT BOTH THE CITY AND THE COMMUNITY. BEING IN THIS COMMUNITY FOR THE PAST FIFTY (10) YEARS, WE HAVE BEEN ABLE TO PROVIDE NOT ONLY SPIRITUAL INSPIRATION TO THE COMMUNITY, BUT MORAL AND TEMPERAL SUPPORT ALSO AND WE WISH TO CONTINUE TO DO SO WITH YOUR HELP ON THE PROPOSAL. IN TRYING TO COMPLY WITH ALL OF THE CITY'S ORDINANCES IT BECOMES MORE THAN A HARDSHIP FOR OUR SMALL MEMBERSHIP.' WE HAVE PROVIDED FOR YOU THE NAMES OF THE PROPERTY OWNERS AND TENANTS WITHIN 300 FEET OF OUR PROPERTY AND WE HAVE THEIR APPROVAL AND SUPPORT FOR OUR PROJECT. WE THE PASTOR AND THE TRUSTEE B RD OF THI SAID RCN APPRECIATES YOUR COOPERATION IN THIS MATT � �l church op ll e 6141 SOUTHWEST 64th STREET SOUTH MIAMI, FLORIDA 33143 SOW CHURCH PHONE: 665-5640 HOME PHONE: 238-8029 APRIL 20, 1987 TO WHOM IT MAY CONCERN: THIS IS TO INFORM YOU THAT SUPT. LEE H. JONES, AND THE LISTED TRUSTEES ARE BONAFIDELI (IN GOOD FAITH) MEMBERS OF FAITH TABERNACLE FIRST BORN CHURCH OF THE LIVING GOD, INC. SOUTH MIAMI , FLORIDA. (TOWNSITE OF LOTS SEVEN & EIGHT (7 & 8) OF BLOCK ONE (1) OF PINES SUB-DIVISION.) WE DO ACKNOWLEDGE THEM AS DULY AUTHORIZED LOCAL TRUSTEES OF THE ABOVE NAMED CHURCH TO .ACT AND CARRY OUT THESE ADMINISTRATIVE AFFAIRS. TRUSTEES ELdER A LEN DENNARD DEA. ELROY DAVID le y_ _�_ :v UEA. WILLIAM H IRY DEC'S. MARGIE BUTLER ` MOTHER LOUISE BRYANT SUPT. LEE H. JONES, PASTOR . � r f STATE dl+' id County of_ Dade ' I HEREBY CERTIFY,That on this diyr pwo mny appeared WON M sm offksr duly auth- orized to administer oaths end take '*—11addms 1W- h'_ Br Kirkpatx t C-k and �lSt2 _i:ir Ratri K his WOO r to me well known to be the person-A described in and who executed the foregoing decd, and i acknowledged before me that tY Y executed the same freely and voluntarily for the purpeoses therein expressed. I AND I FURTHER CERTIFY, That the saiab'lorenn�;, �i�re.,L�g�novrn to me . l l to be the wife of the said L. ;j• =-irKp]triCk on a separate and private 1 I examination taken and made by and before me.separately and apart from her said husband, did acknowledge that she made herself a party to said deed for the purpose of renouncing, relin- qukhing and conveying All her right, title and interest,whether dower,homestead or of separate � property, statutory or egbitable, in and to the lands described therein, and that -the executed the j said deed freely and voluntarily and without any compulsion. constraint. apprehensinn or fear of or from her said husband. 1 r WITNESS my hand and official seal at__ t County of and State of 'lorida i - - --- this__ #1 day nf,. rii A. D. I '� �,yenr"nnrRrios rrpiru—-- _ Notary 1nM6iw, State of.. g C CL e:) E. it z ;L �1" R C IR- ; er Ka r to� c 1 Z ta IU„JYV. m Ql � • II r 1 I I� t1 `Nib AI k3E'i'wzzm L. s._itiitlet•itriAt. !• y � _ Floranoe P. Urkpatfriek of the County of.___ Daft ,i!so s ms of lhidim,PW&"s.at an first part.and I' , ►•�. aporgo Sxain •m 90!—ft M lti. tits Tra•te•i ?'?1e_i�iritt Born Ohtrah of gig Liri a pas ►ag•tian ; not for — of the County ofrof it Dada in the State of p9orida, pares 11 of the second part, £I WITNFSSETki,That the said part U-Sof the first part,for and in consideration of the stun of "en Boi 1 - 010.00) ax,tid other oonsidsratLone of 'o1�ie — to theta . in hand paid by the part-I"of the second part, the nkl dut whereof is hem by acknovAmlW-d, jvve , granted,bargained and sold to the said FartJ.ig$of the send part, their heirs and aasPa. forever,the following described land,situate, lying and tieing in me (minty fir Fade and State of FlorWa.to-wit: Leta Jeven and :.1-}:t 17•ti) Of 'slop: One (1) of cub-A ivieion of the 4.1f 8 of the S.a.1/4 of the 5..,.1/4 of the 1/4 of jeatlon 1..5, 2v-,Po 54. A.40, an per ela.t thoroof recorded in Plat .look 13 at euge E, of the 2ablio ;toCordo of i r de County. Tlorido - eat the said parLL" of the fiat part do-- heft tWtV tw elk to and bn&"d wilt defend"a aamae malad the kawfW dam of an V I m W Wrmm WMZUOt/.tb"m PWLA W the*4 b "sera uKl tea dsy.dt scar own adt/r. times,GUM sass ddk4wei b the pnsmw at ri . a' lit .:ITY OF SOUTH MIAMI [APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE) THIS APPLICATION MUST BE COMPLETED AND RETURNED9 WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE ZONING DIRECTOR BEFORE PROCEEDINGS MAY BED STARTED FOR PUBLIC HEARING. - APPLICANT AS (OWNER, TENANT, AGENT, ETC. SPECIFY) erl ADDRESS OF APPLICANT CITY TATE ZIP PHONE /�{,,,,.- OWNER DATE 0 NERSHIP OF PROPERTY OBTAINED ADDRESS OF OW ER CITY TATE ZIP PHONE IS PROPERTY OPTION or, CONTRACT FOR P I URCHASE? RTGAGEE S NAME AND AD ESS YES Gig NO IF APPLICANT P', NOT OWNER* IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO r LEGAL DESCRIPTION OF OPERTY COVERED BY APPLICAT ON j LOT(S) ✓��v[�t� ��L (y � �0 BLOCK IY C_L ) SUBDIVISION '�j � 1 �I I S Grnza 6 7 0)e.{ / %t PB 0- Cl METES AND BOUNDS '/' I f 7 _7—u,ID .15 bi w lffw f--�--- f - . av SILE OF_P,,fEA i ,'{FR. D BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING R/W'S ADDITIONAL DEDICAT NS PROPOSED STRUCTURES LOCATED ON PROPERTY APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING: CHANGE OF ZONING EXCEPTION OTHER (SPECIFY) VARIANCE AMEND SECTION OF CODE PRESENT 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 STATE1,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 INFOR TION AND ALL SUPPORTING DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNO LEDGE AND BELIEF, - IGNATURE FOR OFFICE USE ONLY DATE OF HEARING _ _ HEARING NO. p8e100_Zi REV. 3-12-" DATE FILED II 1y V tHE CITY OF / �O lit tl �iam i 6180 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 99149 PUBLIC SERVICE DEPARTMENT - Z O N I N G P E T I T I O N Property Description, Location and Legal: Request : The Owners of the above property have made the following request : t Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request . NAME ATE ADDRESS 2 f7 as 919 _ �'/- _- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - c9b 61 - - - - - - - - - ---- has � _ _ - ®� ^ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - �p- - - - - - tol - - -- - -. - - - - - - - - - - - - - - - - --- - - - - - - - - - - - Ly��Z - - - - - - - - - - - / j 12 0 4AA- - _ - � - - - - l d /)c, PW50-37 (continued on page 2) �..� Page 1 THE CITY O F ,, s OUt, 6190 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 99149 PUBLIC SERVICE DEPARTMENT Z O N I N G P E T I T I O N Property Description, Location and Legal: Request : The Owners of the above property have made the following request : Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request . NAME DATE ADDRESS - - - - - - - - - - - � - - - - - - - - - - - - - - - - - - - - - /_ - - - - _ Js - - - - - - - - - - - - - - - - - - - - - - - l -� � - - ��- - `- - - =� - - - - - - - - - - ly k - - - - - - - - - - - -— � � ls --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PW50-37 (continued .on page .2) Page 1 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 c ADDRESS TV - - - - -- - - - - k A- Lz-3-4A gzv, L44 �-- - - - - -- - - - - - - -- - - -5- r/11, 107 ;g2 exe- - - J� - -6 S-6-��,- - f - - - - - - - - � �'�- �� LS � u/�,�_ �� _ - - - P�- - - - - - - - - - - S --- - - - - - - ' - - - --_ - - - - - - 5117 _ --- -- - - - -— - - - - - n - - • - - - - - - - - - - - _ s 6101�J� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - z PW50-37- , age`2 t \ THE CITY OF ' out`i 4.'x MI 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 : Request : The Owners of the above property have made the following request : Petition: We, the undersigned property owners, are within 300 feet of the above property. We understand and approve the above request . NAME DATE ADDRESS - - - - - - - - - - - - - - ��- -, _ - _ . - - - - - �� - - - - - - - - - - - - - - - 6671 S — — — — — — - — — — — — — — — ° — —>'�1 — — — — — - — — — — — — - � � _ - - - - - - - - - -mss 97 -i�!cq�5_s� '�_ _ -= - - - - - - --- - - - - - - - - - - -- - -/ ;- - - = - - - - — — �-?c3_y: ,W, f - - - - - - - - - - - - - - - - - - - - - [ - - - - - - - - - - - - - - - - - - - - - - - - PW50-37 (continued on page 2) Page 1 . r, n U &44C&44C a Vie- �� iVA�lt ��: 6141 SOUTHWEST 64th STREET _ 9 SEP DEN IAl SEAL#.: `- SOUTH MIAMI, FLORIDA 33143 CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami , FL. 33143 Attn: Mr. Lopez Planning & Zoning Board LEE R PERRY 6221 SW 62 TERRACE SO MIAMI,FL 33143 B ,d✓- W� �f�VS.v� � ,. +w4 n w M1 CASH RECEIPT 7-1 iO' 3 9 3 8 4 CL 0 J. City of South Miami ACCOUNT No . y (p J G�r FUND t .��C� 0`` RECEIVED OF = o 'V f DESCRIPTION -h� �taytnin �0�v� -1-7 AMOUNT__\1 � DOLLARS $ LQ =' ro Make all checks payable to jCity of South Miami , Florida CASHIER t t � - Oct-joa5 -31 - 051 C-> LAVMDAJ U)AcW E..- - BI g 1A CT, ,-A�l I j FL, 5 31 q3 s 2- �e,M. x5143 59- 0 536 cZ-kO\/ kA4AK C� sw co �- �o - &Ak /�Oy -Jc mt� � Q o Q 3 "Ems. . -/a- ken a4li kre P, oaf Oil ��. .`►_ . - �3� Via, o ,� tam, ocl A , MMA -T),eAll 5o �x 1;v so L4 Ltkreai-�,,a r �Twt L& j V165 3 �-7 Ce - -- _ jLpa .v� 15� �3 Tzr.r iami 3 - tW3 qoa5 -DpI� - {-�as�ie5�ec�� no. � to 4ve MG��ii A ;�i� VY)�''�� v �q 't ho, Codlcour5e C Gabt�S 3303 67-065a LeR, J bct - obi o kv) n(Q lQe, 4 `f 5f: . ��-oogl `Pennie Aq Vlo os��re�f �wvwt 3a'43 C)g -qaa5 -c?9- ooRo ✓t'loun+ Aebo &D-75 q:? 0 C�Qwck — to-_Q71� Nl«„�-,.�;�.. . 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Vq ✓ �b b(D p r f ate AUL �w vy)LkkI Co.1 -�`� -( PLANNING BOARD SUGGESTED MINIMUM CRITERIA TO ANALYZE REQUESTS. Planning Board should reject a request if: 1. There are no appropriate provisions for vehicular/unloadingland parking vehicular/pedestrian circulation. 2. The bulk, location and height of proposed buildings will be detrimental to other private/public developments. 3. The landscaping (tree ordinance, vehicular use area landscaping) does not provide adequate protection to neighboring properties. 4. There are soil and drainage problems unsolved. 5. The exterior lighting is unsafe for motorists, occupants or users. 6. The proposal will damage the value or- will diminish the usability of adjacent properties. 7. The Applicant (when requesting zoning amendments) failed to provide reasonable evidence of financial capability to complete the development as planned. 8. The Department of Public Works criteria and standards for sewer, water and streets are not met. 9. 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