Res No 155-19-15427RESOLUTION NO. 15 5-19-15427
A Resolution relating to a Variance application to reduce the minimum side
street setback requirement for a single-family residential building located at
5800-5820 SW 87 Street.
WHEREAS, Mr. Scott Fuhrman submitted an application (number PB-19-012) requesting
a variance from Section 20-3.5H of the Land Development Code (LDC) to construct an addition
onto an existing two-story single-family residential structure within the RS-3 Zoning District at
5800-5820 SW 87 Street; and
WHEREAS the variance request is to allow an east side street setback of fifteen (15) feet,
where a minimum side street setback of twenty (20) feet is required;
WHEREAS, the approval of a variance requires a review by the Planning Board and a
recommendation to approve, deny or approve with conditions, as well as the approval of the City
Commission after a public hearing; and
WHEREAS, on September 10, 2019, the Planning Board held a public hearing on the
application request, considered each of the criteria listed in Section 20-5.9 of the LDC and voted
on each variance request individually;
WHEREAS, the Planning Board voted five (5) ayes to zero (0) nays to recommend denial
of the variance request; and
WHEREAS, the Mayor and City Commission of the City of South Miami, having
considered each of the variance criterion listed in Section 20-5.9 of the LDC and having found that
those conditions have been met, desire to approve the variance applications.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The recitals set forth in this resolution are true and they are supported by
competent substantial evidence and they are incorporated into this resolution by reference as if set
forth in full herein.
Section 2. The variance request listed in the application (number PB-19-012) submitted by
Mr. Scott Fuhrman Martin to allow an east side street setback of fifteen (15) feet, where a minimum
side street setback of twenty (20) feet is required, within the RS-3 zoning district to allow the
construction of an addition to the existing two-story single-family residential structure located at
5800-5820 SW 87 Street, South Miami, Florida is hereby approved, subject to the following
conditions:
Page 1 of 3
Resolution No. 155-19-15427
1. The applicant record a Unity of Title on the two properties;
2. The project shall be reviewed by the Environmental Review & Preservation Board;
3. Compliance with the minimum landscape requirements for two-story single-family
residential properties listed in Section 20-3.5(H)(C)(8) of the Land Development
Code;
4. Compliance with the minimum landscape requirements listed in Section 20-4.5(F) of
the Land Development Code;
5. Compliance with the minimum street tree requirements listed in Section 20-4.5.1(0)
of the Land Development Code;
6. The applicant shall execute a covenant provided by the City in a form approve by the
City Attorney to ensure that all construction or change of use are in substantial
accordance with the approved plans and all of the conditions set forth in this section,
as determined in the sole and absolute opinion of the City's Planning and Zoning
Director and to provide for the maintenance of the street trees and right-of-way
landscaping subsequent to planting; and
7. A tree removal permit shall be filed for the removal and/or relocation of any tree on
the site. A tree removal permit shall also be filed for the pruning or trimming of more
than one-third ( 1/3 ) of the canopy of any tree on the site.
Section 3. The approval of the requested variance includes, as an Exhibit to the
Application, the architectural plans signed and sealed by Hector C. Fernandez, dated October 24,
2019 for the proposed addition to the existing two-story single-family residential structure located
at 5800-5820 SW 87 Street which is incorporated herein by reference. The approval of the variance
is subject to and conditioned upon the project being built in substantial compliance with the plans
submitted with this application as determined by the Planning and Zoning Director in the
Director's sole discretion.
Section 4. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final product for signature.
Section 5. Severability. If any section clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this resolution.
Section 6. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 19th, day of November , 2019.
ATTEST:
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APPROVED:
Page 2 of 3
Resolution No. 155-19-15427
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE,
Mayor Stoddard:
Vice -Mayor Harris:
Commissioner Gil:
Commissioner Liebman:
Commissioner Welsh:
5-0
Yea
Yea
Yea
Yea
Yea
Page 3 of 3
Agenda ftem No:9.
City Commission Agenda Item Report
Meeting Date: November 19, 2019
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution relating to a Variance application to reduce the minimum side street setback requirement for a
single-family residential building located at 5800-5820 SW 87 Street. 4/5 (City Manager -Planning Dept.)
Suggested Action:
Attachments:
3._Reso_re_6 variances_5800-5820_SW 87_St_CArev-Side_Street_Setback CArev(2).docx
MDBR Ad.pdf
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami. Miami -Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Deily
Business Review f/d1a Miami Review, a daily (excepl
Saturday, Sunday and Legal Holidays) newspaper.
published at Miami in Miami -Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - NOV. 19. 2019
in the XXXX Court.
was published In said newspaper In the issues of
1110812019
Aram further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami -Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall (natter at the post
office in Miami in said Miami -Dade County, Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement; and argent further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
GUILLERMO GARCIA personalty known to mar
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
mitering scheduled for Tuesday, November 19, 2019, beginning at 7:00 p.m.,
in the City Commission Chambers, 6130 Sunset Drive, to consider the
following item(s):
A Resolution approving and authorizing the City Manager to execute
an Amendment to the 2018- 2021 Collective Bargaining Agreement
(Lieutenants and Captains) between the Miami Dade County Police
Benevolent Association ('PBA') and the City of South Miami and
to the 2018-2021 Collective Bargaining Agreement (Police Officers
and Sergeants) between the Florida State Lodge Fmtemai Order
of Police, Inc. ('FOP-) and the City of South Miami.
A resolution of the City of South Miami relating to the South Miami
Community Redevelopment Agency (SMCRA); approving, after
public hearing, the proposed SMCRA Community Redevelopment
Plan to extend the life of the SMCRA and expand its boundaries,
subject to approval by the Miami -Dade County Board of County
Commissioners; and requesting and recommending such approval.
A Resolution relating to a Variance application to increase the maximum
building coverage requirement for a single-family residential building
located at 5800-5820 SW 87 Street,
A Resolution relating to a Variance application to increase the maximum
impervious coverage requirement for a single-family residential
building located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to reduce the minimum
side street setback requirement for a single-family' residential building
located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to reduce the minimum
cumulative yard setback requirement for a single-family residential
building located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to reduce the minimum
setback requirement for Concrete slabs for a single-family residential
building located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to increase the
physical banter height limit for a single-family residential building
located at 5800-5820 SW 87 Street.
5
An Ordinance amending the Land Development Code, Article II,
Section 20-2.3'Oefinitlons', Article III, Section 20-3.3(D)'Pennkted
Use Schedule' and Section 20-3.4 'Special Use Conditions', Article
VII, Section 20-7.12(A) 'Permitted and Special Uses and Parking
Requirements' and Section 20-7.51 'Special Exception' concerning
Medical Marijuana and Drug, Pharmacy, and Sundry store uses.
An Ordnance emending the following sections of the Land Development
Code: Section 20-2.3 Definitions, Section 20-3.3(D) Permitted Use
Schedule, and Section 20-3.4 Special use conditions; all concerning
uses that include Beauty/Barber Shop, Personal Skills Instruction
Studio, Photographic Studio and Physical Fitness Facility.
An Ordinance of the Mayor and City Commission of the City of
South Miami, Florida amending the City of South Miami police officers
retirement trust fund, Chapter 16, Article III of the City's Code of
Ordinances, which includes provisions to improve readability of
the plan document; providing for a five -member board of trustees
in accordance with Chapter 185 Florida Statutes; and providing
for internal revenue code compliance.
ALL interested parties are Invited to attend and will be heard
For further information, please contact the City Clerk's Office at:
305-663-6340.
Nkenga A. Payne, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings Is made which record includes the testimony and evidence
upon which the appeal is to be based.
11/8 19-112/0000437502M
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