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Res No 001-23-15935RESOLUTION NO. 001-23-15935 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A VARIANCE APPLICATION TO INCREASE THE MAXIMUM IMPERVIOUS COVERAGE REQUIREMENT FOR A NEW TWO-FAMILY RESIDENTIAL DWELLING LOCATED AT 6021 SW 76 STREET. WHEREAS, SW 76 Street, LLC, submitted Application No. PB-22-014 (the "Application"), requesting a variance pursuant to Section 20-5.9 of the Land Development Code (the "LDC") to allow a maximum impervious coverage of approximately 70% {5,540 SF) where a maximum of 60% (4680 SF) is permitted for the property located at 6021 SW 76 Street (the "Property") pursuant to Section 20-3.5(F) of the LDC (the "Impervious Area Variance"); and WHEREAS, the Application also seeks variance approval to reduce the minimum east and west side interior setback requirement for the Property, which is the subject of a separate resolution on this date; and WHEREAS, the Impervious Area Variance is requested in connection with development of a two-story, two-family residential dwelling on the Property; and WHEREAS, the Impervious Area Variance was evaluated by City staff which found that the criteria of Section 20-5.9 had not been met and, on that basis, recommended denial of the Impervious Area Variance, as more fully set forth in the staff report to the City Commission dated January 17, 2023; and WHEREAS, pursuant to Section 20-5.9 of the LDC, 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, at a public hearing on November 16, 2022, the Planning Board voted four (4) to zero (0) to recommend denial of the Impervious Area Variance; and WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each of the variance criteria listed in Section 20-5.9 of the LDC and having found that those criteria have been met, desire to approve the Impervious Area Variance subject to conditions. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals and Findings. The recitals set forth in this resolution are true and correct, and are supported by competent substantial evidence, and they are incorporated into this resolution by reference as if set forth in full herein. The City Commission finds that the Impervious Area Variance requested in the Application meets the requirements of Section 20-5.9 of the LDC, including the criteria of Section 20-5.9(H) of the LDC. Page 1 of 3 Res. No. 001-23-15935 Section 2 . Approval. The A pplicati on submitted by SW 76 Street, LLC, req uesting a variance to a ll ow a max imum impervious coverage of70% (5.540 SF) where a maximum of 60% (4,680 SF) is permitted for a propo sed, new two-s tory. two-family reside ntia l dwelling w ithin the RM-18 zo ning di strict located at 6021 SW 76 Street, South Miami . Florid a . is h e reby approved. Section 3 . Conditions. Thi s varianc e is hereby a pproved subj ect to the fo llo w ing tem1s and conditions as well as al l appl icable City o rdinances, codes, ru les, and re gu lations, which have b een agre e d to by the Appl icant: a. The des ig n of the new two-family res id entia l d well in g is s ubject t o the rev iew and approva l by t he E nv ironmental Review & Preservation B oard. b. The improved area s urrounding the p o ol s h a ll employ p erm eab le pavers consi s tin g of a material acceptable to the P lanning Directo r. c . Consisten t with the Applicant's proffer, a ll drai nage facil it ie s (e.g. catch basins, gradi ng , drains, e tc.) constructed o n the Prope rty s hal l be maintaine d by the Property owner in perpetui ty, and the Property owner s hall execute and record a covenant against the Property ensuring maintenance of the dra inage fac ilities a nd no negati ve impacts on adjacent prope rt ies, in fom1 and subs tance a c ceptable to th e C ity Attorn ey . d. A t ree re moval permit is required prior to the re m ova l of any trees on the Prope rty; and e . The approved variance sh a ll lapse after one (I) year if no bui lding perm it has been applied for in accordance w ith the request for s uch vari a nce and if the C ity Commissio n has not specified a lo nger approval peri od fo r good cause s hown. Section 4. Enforcement of Conditions. The own er of the Property understands and acknowledges that they must comply w ith these conditions and a ll othe r appli cab le req uire m e n ts of the LDC an d C ity Code before they m ay commence construction o r occupancy, and th at t he foregoing approval in thi s Resolution may be revoked by the C it y at any t im e upon a determi n ation by th e C ity Commi ssion, following a public hearing, that th e Owner is in no n- compliance w ith th e LDC, the C ity Code and/or the conditi o ns of th is A pprova l and have failed t o c ure, o r to prov id e an acceptable plan t o timel y cure, the non-comp li ance. Section 5 . Corrections. Conforming language or technical scriv e ne r-ty pe correction s m ay be mad e by t h e C i ty Attorney for any conform ing amendmen ts to be in corporated int o the final reso l ution for s ignatu re. Section 6. Severabilitv. In the event any portion or section of th is R esolution is d eterm ined to be invalid , illegal or uncons titutional by a court or agency of c o mpe t e nt jurisdictio n, s uch decis ion s hal l in n o way affect the re maining portions of this Resolution, which sha ll remain fu ll force and effect. Section 7. Effective Date. This resolution s ha ll become effective immedia tel y up on a doption. PASSED AND ADOPTED this 17 th day of Janua ry, 2023. Page 2 of 3 Res. No. 001-23 -15935 ATTEST: READ AND APPROVE D AS TO FORM, LANGUAGE, LEGA LITY AND EXE~ c rffATTORNEY WEISS SEROT A HELFMAN COLE & BIERMAN , P.L. APPROVED: COMM ISSION VOTE: Mayor Fernandez: Vice Mayor Boni c h: Commi ss io ne r Liebman: Commiss io ne r Corey: Commiss io ne r Ca ll e : Page 3 of 3 5-0 Yea Yea Yea Yea Yea Agenda Item No:6. City Commission Agenda Item Report Meeting Date: January 17, 2023 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO A VARIANCE APPLICATION TO INCREASE THE MAXIMUM IMPERVIOUS COVERAGE REQUIREMENT FOR A NEW TWO-FAMILY RESIDENTIAL DWELLING LOCATED AT 6021 SW 76 STREET. 4/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: Cover Memo 6021 SW 76 Street Impervious Coverage Variance.docx 45S3953-Reso Variance - Impevious Area - 6021 SW 76 Street CAv3.DOCX PB-22-014 Application Documents.pdf MDBR Ad.pdf MH Ad.pdf 1 MWL C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC0902D8\@BCL@AC0902D8.docx CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:Honorable Mayor and Members of the City Commission VIA:Shari Kamali, ICMA-CM, City Manager FROM:Hank Flores, AICP, CFM, Planning and Zoning Director Marcus W. Lightfoot,Senior Planner/Zoning Administrator DATE:January 17, 2023 SUBJECT: A Resolution relating to a Variance application to increase the maximum impervious coverage requirement for a new two-family residential dwelling located at 6021 SW 76 Street. BACKGROUND: The applicant, SW 76 Street, LLC is in the process of developing the site located at 6021 SW 76 Street, which is located in the City’s Low Density Multi-Family Residential (RM-18) zoning district. However, due to the configuration of the site, it has proven difficult to construct the two-story, two-family dwelling that they are proposing. To rectify this, the applicant has submitted a variance application to the City, requesting approval to modify one (1) of the RM-18-dimensional requirement parameters found in Section 20-3.5(F) of the Land Development Code (LDC). Location Map 2 6021 SW 76 Street Impervious Coverage Variance Application January 17, 2023 Page 2 of 6 MWL C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC0902D8\@BCL@AC0902D8.docx REQUEST: At this time, the applicant is requesting a variance related to the development of a new two- family residential structure that will be two (2) stories in height. The proposed structure will be located at 6021 SW 76 Street. The variance request is: Variance to allow a maximum impervious coverage of approximately of 70% (5,540 SF) where a maximum of 60% (4680 SF) is permitted. ANALYSIS: When reviewing the project, the following items are noted: The subject property is part of the Larkins Pines Subdivision and was platted in 1925 which predates the incorporation of the City. Per the Miami-Dade County Property Appraiser’s office, there was an existing one-story single-family residential structure on the site that was originally built in 1951 that has recently been demolished. The subject property is surrounded by the following zoning districts: o North: Medium Density Multi-Family Residential (RM-24) o South: Low Density Single-Family Residential (RS-3) o East: Low Density Multi-Family Residential (RM-18) o West: Low Density Multi-Family Residential (RM-18) Per the survey provided, the site has a frontage of 52.03 feet and a lot size of approximately 7,800 SF. Pursuant to the dimensional requirements for the RM-18 zoning district, the site is a legal nonconforming site regarding both the lot size and the frontage. Because the site is a platted lot of record that previously had a residential structure on it, variance applications for the lot size and frontage are not required at this time. The applicant’s intent is to redevelop the site and construct a new two-family residential dwelling that will be two (2) stories in height. Pursuant to the Permitted Use Schedule, Section 20-3.3(D) of the LDC, the “Two-Family Residential Dwelling” use is permitted by right in the RM-18 zoning district. In 2015, the City Commission approved variances for the redevelopment of the neighboring site located at 6031 SW 76 Street via Resolution #038-15-14377. The variances approved consisted of the following: o Variance to allow a lot size of 7,358 SF where a minimum of 10,000 SF is required; 3 6021 SW 76 Street Impervious Coverage Variance Application January 17, 2023 Page 3 of 6 MWL C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC0902D8\@BCL@AC0902D8.docx o Variance to permit a frontage of 52.03 feet where 75 feet is required; and o A Variance to permit side interior setbacks of 5 feet where a minimum of 12.5 feet is required The variances that were approved gave the developer the ability to redevelop the 6031 property with a design that is similar to what the applicant is currently proposing. Review Criteria: Section 20-5.9 of the (LDC), Variance approvals,provides the standards against which variance applications must be reviewed. More specifically, Section 20-5.9(H) provides that variance approvals shall be based on an affirmative finding as to each of five (5) criteria. The applicant has provided their opinion of how the criteria are satisfied in the Letter of Intent included in the Application Package. The following is staff’s analysis of each request: Variance Request: Impervious Coverage Variance Currently the RM-18 zoning district permits a maximum impervious coverage of 60% of the lot. This can be found in Section 20-3.5(F) of the LDC. Included in this coverage calculation is the structure, driveway, swimming pool, concrete slabs, and any other impervious surfaces. Because the RM-18 zoning district does not have a maximum or minimum building/lot coverage requirement, the impervious coverage requirement guides the maximum size of the structure as well how much can be paved on the site as well. Per the site plan provided, the applicant is proposing a structure that is approximately 53% (4,174 SF) of the lot. The remaining 7% would then typically include the driveway, swimming pool area, and any impervious material that will be on the site. Based on Table 1 below, the maximum impervious coverage allowed for the site is as follows: Table 1: Impervious Coverage Lot Size (Square Feet) Maximum Impervious Coverage (SF) Proposed Impervious Coverage (SF) 7,800 4,680 (60%)5,450 (70%) Based on table 1above, the new structure and impervious surfaces will exceed the maximum allowed by 10% (770 SF). Because of the increase in impervious coverage, the applicant has requested a variance to increase the impervious coverage allowed for the property. Pursuant to Section 20-5.9(H) of the LDC, all variance decisions shall be based on an affirmative finding as to each of the following criterion: 1.The variance is necessary to relieve particular extraordinary conditions relating to a specific property; 4 6021 SW 76 Street Impervious Coverage Variance Application January 17, 2023 Page 4 of 6 MWL C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC0902D8\@BCL@AC0902D8.docx After reviewing the site plan, the applicant is proposing a structure that is approximately 53% (4,174 SF) of the lot where a maximum impervious coverage of 60% is permitted. That leaves approximately 7% (506 SF) of impervious coverage available for the swimming pool area, driveway, and any other impervious surfaces on the site. Based on this information, the applicant is requesting the variance of an addition 10% (770 SF) so that they can accommodate additional impervious surfaces on the site. While the irregular lot configuration is an extraordinary condition related to the property, the variance as requested may not be necessary to relieve those extraordinary conditions. It may be possible to accommodate all of the requested impervious surfaces with a reduction in the size of the structure, a reduction in the size of the impervious material, or both. 2.Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; The applicant is already permitted to build/pave a maximum of 60% of the lot. With the impervious coverage that is already available to them, the proposed structure has been accommodated on the site and an additional 7% of impervious material is available before the coverage for the site is maxed out. If the variance were denied, the applicant could still build the structure with either reduced driveways, swimming pool areas or a mixture of both. Because of that, a denial would not result in hardship to the owner. 3.The extraordinary conditions and circumstances do not result from the actions of the applicant; While the narrowness of the lot did not result from the actions of the applicant, they are able to allocate a majority of the available impervious coverage to the residence with the remaining portion being allocated to the impervious material on the site. They are choosing to put a majority of coverage allowed into the structure instead of striking a balance between the structure and the impervious material. Based on that observation, the request for an additional 10% of impervious coverage results from conditions and circumstances that result from the actions of the applicant. 4.The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; Because the applicant was able to comfortably accommodate the proposed structure on the site, the requested variance will be allocated towards the construction of the swimming pool areas, the driveways, and any other impervious materials on the site. Without the variance, the applicant is still able to build the residential structure on the site along with reduced impervious areas so that the maximum is not exceeded. Because of that, the requested variance is not the minimum variance necessary to make possible the reasonable use of the land, building or structure. 5 6021 SW 76 Street Impervious Coverage Variance Application January 17, 2023 Page 5 of 6 MWL C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC0902D8\@BCL@AC0902D8.docx 5.That the approval of the variance will be in consistent with the general intent and purpose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Approval of the requested increase to the impervious coverage for the site could be inconsistent with the general intent and purpose of the LDC. The impervious coverage regulations established in the LDC aid in preventing water runoff to both the neighboring properties and the right-of-way. If approved, only 30% of the lot will be green space which leaves a lower amount of square footage available to absorb any water on the site, making it possible to have runoff into the neighboring properties or the right-of-way. While the property can be graded in such a way that the water can remain on site, less area will be available to store that water until it can be absorbed into the ground. If the impervious coverage is increased and the green areas are not properly graded, it is possible that the water from a rain event could have no other choice but to runoff onto the neighboring properties or the right-of-way, becoming injurious to the neighborhood and otherwise detrimental to the public welfare. PLANNING BOARD RECOMMENDATION: After a public hearing on November 16, 2022, the Planning Board unanimously recommended to approve PB-22-014 as is with staff’s recommendation that the two (2) setback variances be approved, and the impervious coverage variance be denied. RECOMMENDATION: After reviewing the request, Staff determined that a hardship with the land could not be identified. Accordingly, staff recommends that the application be denied. If the City Commission should choose to approve the application, then the approval should be subject to the following terms and conditions as well as all applicable City ordinances, codes, rules, and regulations: 1. The design of the new two-family residential dwelling is subject to the review and approval by the Environmental Review & Preservation Board; 2. A tree removal permit is required prior to the removal of any trees on the site; and 3. The approved variances shall lapse after one (1) year if no building permit has been applied for in accordance with the request for such variance and if the City Commission has not specified a longer approval period for good cause shown. Attachments: 6 6021 SW 76 Street Impervious Coverage Variance Application January 17, 2023 Page 6 of 6 MWL C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC0902D8\@BCL@AC0902D8.docx Application, Dated October 7, 2022 Letter of Intent, dated October 7, 2022 Quit Claim Deed Resolution #038-15-14377 Mailing Label Affidavit w/ Location Map, dated October 6, 2022 Neighborhood Awareness Affidavit, dated October 27, 2022 Neighborhood Awareness Letter, dated October 26, 2022 City Notice of Public Hearing Legal Ad PB-22-014 – Final PB Regular Meeting Minutes Excerpt – November 16, 2022 Boundary Survey Site Plan, sheet A101 7 1 2 3 READ AND APPROVED AS TO FORM, COMMISSION VOTE:4 LANGUAGE, LEGALITY AND Mayor Fernandez:5 EXECUTION THEREOF Vice Mayor Bonich:6 Commissioner Liebman:7 ___________________________Commissioner Corey:8 CITY ATTORNEY Commissioner Calle: 9 WEISS SEROTA HELFMAN10 COLE & BIERMAN, P.L. 11 12 10 11 City of S outh Miami Plannmg & Zon ing D ep artment THE CITY OF PLEASANT LIVING City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326 Address of Subject Property: ~OZ l ~ -=t >f Lot(s) __ Block Subdivision ____ _ PB Meets & Bounds: Applicant: ~ -:,-\c, ~ 'R_ €. C1 1 LJ...,.C Representative:N(C 11 a_ <; 'P~!'J \. L Address : lal::,\'4 ~ ·p1 X \ (. ti:"!Y ( ~) Organization : S \ · CT L 'FL '3? I t-f 3 4tl h( Phone(~~ w ~l:, s-r~TT I LLG Signature: Mailing Address: ( ~) Phone:(~ -x.) ArchitecUEngineer: Jv 9 ('j F ~ ~ f\C "t7 Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ~wner _Owner's Representative _Contract to purchase _Option to purchase _ TenanULessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC tvariance - _ Zoning Map Amendment _Special Use _ PUD Approval _Special Exception _ PUD Major Change _Abandonment of ROW _ Other (Waiver of Plat) Briefly explain application and cite specific Code sections: f 4''-0·x::., ~~~~(.,~ l lrwLy'?LI--V'INS Section : --Subsection: --Page#: __ Amended Date: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: -L Letter of intent _ Justifications for change ,"< Statement of hardship ~ Proof of ownership or letter from owner _ Power of attorney _ Contract to purchase ~ Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17") _ 15 copies of Site Plan and Floor Plans 24 x 36", 1 reduced copy@ 11" x 17" _ Affidavit-Receipts attesting to mail notices sent Petition $Mailing labels (3 sets) and map _ Required Fee(s) ersigned has read ttiis completed app lication and represents that the infonnation and all submitted materials are true and e best of the applicants know ledge and belief. 1 N \ c \-\OlA ~ VtAV'-1 ~ £ L \ o ) 04' \ ·w-z-2- p 1c an f s Signature and title Print Name Date 1 Upon rece ip t, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Appl ications fo un d not in compliance will be rejected an d returned to th e app licant. OFFICE USE ONLY: Date Filed ____ _ Date of PB Hearing _____ Date of Commission ____ _ Petition Required __ _ Petition Accepted _____ _ Method of Pa ment Z:\Forms\Current Planning Department Fonns\Planning Department Forrns\Planning Board\PB -Public Hearing Application - Revised 3-10-2020.doc 12 To: Chairman and Members of the City of South Miami Planning Board Re: Letter of Intent for Public Hearing Application for Variance. From: Nicholas Daniel (Owner) Date: October 7, 2022 Project Name: Villa Espresso Applicant: SW 76 STREET LLC Variance application to reduce the side setbacks & to increase the maximum impervious impervious coverage, for the proposed 2 story Duplex Residential building located at 6421 SW 76 Street, South Miami (Vacant Lot) The Applicant/Owner and the Design team are in the process of developing the Set of Plans for the Construction of a New Two-Story Duplex. The project has been developed to be in compliance with RM-18 Zoning District as much as possible, however, to accomplish a full compliance the applicant is requesting a total of (2) variances: A. Variance to allow side interior setbacks of (S) feet (East & West) where a minimum of 12'-6" is required. B. Variance to allow a maximum Impervious Coverage of 70% where 60% maximum is allowed (10% increase). Side Interior Setbacks Variance 1. The Variance is necessary to relieve particular extraordinary conditions relating to a specific property. The subject vacant lot is zoned RM-18, Low Density Multi-Family Residential District. RM-18 requires a minimum lot area of 10,000 sf, and a frontage of 75 ft where the subject lot area is only 7,800 sf and a frontage of 52.03ft. The proposed Project complies with the Front and the Rear required setbacks, however, the requested variance to the side interior setbacks is necessary to make possible a reasonable use of the land and the building. 2. Denial of this variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory, or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions. If the 12.5 feet of each side setbacks (total 25 feet) are applied in the subject lot of 52 feet of frontage to be in compliance with RM-18 Zoning District, then, the frontage of the building would be only 27 feet. A denial of this variance would result in hardship to the owner. ll of3Pages 13 3.The extraordinary conditions and circumstances do not result from the actions of the applicant. The lot is Non-conforming with the RM-18 Zoning District Dimensional Requirements. Pursuant Section 20-3.5 F. 4.The requested variance is a minimum variance necessary to make possible the reasonable use of the land, building or structure. The requested variance consists of reducing the side interior setbacks from 12.5 feet to a minimum of 5 feet necessary to circulate around the building by connecting efficiently the front and the rear yard and plant a landscape buffer of shrubs along the perimeter privacy fence. 5.That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare. Approval of the requested decrease in the interior side setbacks requirements would never be consistent with the general intent and purpose of the code. However, the adjacent neighbor property (west), with similar lot size has similar interior side setbacks (5ft), and the adjacent neighbor property (east), has a driveway in between that separates both buildings. Impervious Coverage Variance 1. The Variance is necessary to relieve particular extraordinary conditions relating to a specific property. The subject lot area (7,800 sf) is 8% smaller than the minimum lot area required for RM-18 Zoning District (10,000 sf min). Pursuant Section 20-3.5 F. A variance to increase in a 10% the maximum impervious Coverage will make possible a reasonable use of the land and the building. 2. Denial of this variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory, or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions. The submitted variance represents the minimum necessary to make an effective development of the land. A denial of this variance may represent a change in the client's program or a decrease in the building area. A denial would result in hardship to the owner. 3.The extraordinary conditions and circumstances do not result from the actions of the applicant. The lot is Non-conforming with the RM-18 Zoning District Dimensional Requirements. Pursuant Section 20-3.5 F. However, the extraordinary condition and circumstances result from the actions of the applicant. 2lof3Pages 14 4. The requested variance is a minimum variance necessary to make possible the reasonable use of the land, building or structure. The requested variance consists of increasing in 10% the maximum allowed impervious area (from 60% to 70%) S.That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code and not be injurious to the neighborhood or otherwise detrimental to the public welfare. Approval of the requested increase could be inconsistent with the general intent and purpose of the LDC. The impervious coverage regulations established in the LDC aid in preventing water runoff to neighboring properties and the right of way as well aid in preventing an excessive number of impervious surfaces on the site that could create a heat island for the surrounding area. However, the perimeter of the lot was designed to retain the storm water inside the property (landscape and berm), additional planters with landscape at the second floor and roof terrace (trellised) will help minimize the heat island effect. Driveways are minimum size and made of individual concrete slabs with grass joints. The approval of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. See attachments: 1. Architectural Plans 2. Map of Boundary and Topographic Survey 3. Landscape Plans 4. Paving and Drainage Plan 3lof3Pages 15 Prepared by and return to: James M. Schlff, Esq. James M. Schiff, P.A. 9130 South Dadeland Blvd. Suite 2000 Miami, FL 33156 305-67().:.5599 CFN: 20220342201 BOOK 33154 PAGE 1466 DATE:04/25/2022 12:20:48 PM DEED DOC 0.60 HARVEY RUVIN, CLERK OF COURT, MIA-DADE CTY This is a conveyance of real property between two related parties, wholly owned by the same parties, which is not pursuant to a sale transfer of any consideration, and therefore is mbJect to only the minimum documentary stamp tax pursuant to TAA No 0584-004 and Crescent Miami Center, LLC. v. Florida Department of Revenue, Docket No. SC03-2063. Quit Claim Deed This Quit Claim Deed made this -11!: day of April, 2022, between B&B Capital Management, LLC, a Florida limited liability company, whose post office address is 133 102 Street, No. 803, Bal Harbour, Florida 33154, grantor and SW 76 Street, LLC, a Florida llmlted liability company, whose post office address is 6619 South Dixie mghway, #161, Miami, Florida 33143, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individual$, and the successors and assigns of corporations, trusts and trustees) Wi1nesseth, that said gmntort for and in consideration of the sum TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the. receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee 1s heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following descdbed land, situate, lying and being in Miami-Dade County, Florida to-wit: Lot 12 and the East 4.5 feet of Lot 11, Block 2, LARKIN PINES, according to . Plat thereof, as recorded in Plat Book 24, at Page lO of Public Records of Mami-Dade County, Florida. · Parcel Identification Number: 09-4036--027..()160 To Have and .to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. 16 Signed, sealed and delivered in our presence as to both: --u,/: itncssam e: ~cf> ,(i,,. SU'f c ff B £)Mc p > Witness Name: NIQ/t2ll/Jf Jr(J//lffr State of Florida County of Miami-Dade CFN: 20220342201 BOOK 33154 PAGE 1467 gemen4 LLC, a Florida The foregoing instrument was acknowledged before me this (1ft day of April, 2022 by BLANCA BEAUMONT, Manager of B&B Capital Management LLC, a Florida limited liability company, who LJ is personally known or [X] have produced a driver 1s license as identification. [Notary Seal] My Commission Expires: 17 RESOLUTION NO. 038-15-14377 A Resolution approving. an application for variances for a new two-unit residential structure located at 6031 SW 76 Street, South Miami, Florida, within the RM-18 zoning district. WHEREAS, on February 2, 2015 Censig Holdings, LLC, submitted an application for four variances to construct a new two-unit residential structure within the RM-18 zoning district; and WHEREAS, application No. PB-15-002 was submitted to the Planning Board by the applicant Censig Holdings, LLC; said application requesting approval of a variance from Section 20-3.5(F) to permit the construction of a new two-unit structure, to allow for lot size 7,358 square feet where a minimum of 10,000 square feet is required, to permit a frontage of 52.03 where 75 feet is required, and to permit side setbacks of 5 feet where a minimum of 12.5 feet is required, for a new two-unit residential structure located at 6031 SW 76 Street, South Miami, Florida, within the RM-18 zoning district; and WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at its February 10, 2015 meeting, the Planning Board after a public hearing voted 4 ayes 1 nays to recommend approval of the variances requested; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The recitals set forth in this resolution are true, that they are supported by competent substantial evidence and that they are incorporated into this resolution by reference. Section 2. That the subject application No. PB-15-002 that was submitted to the Planning Board by the applicant Censig Holdings, LLC; said application requesting approval of a variance from Section 20-3.5(F) to permit the construction of a new two-unit structure, to allow for lot size 7,358 square feet where a minimum of 10,000 square feet is required, to permit a frontage of 52.03 where 75 feet is required, and to permit side setbacks of 5 feet where a minimum of 12.5 feet is required, for a new two-unit residential structure located at 6031 SW 76 Street, South Miami, Florida, within the RM-18 zoning district; and is hereby approved under the following conditions: ( 1) The feature at the top of the proposed structure shall be an open railing or other element approved by the Environmental Review and Preservation Board. (2) The front of the property shall not have a gate or a wall that separates the front of the structure from the street. Page 1 of2 18 Res. No. 038-15-14377 (3) All required pervious material shall be approved by the Environmental Review and Preservation Board. ( 4) The owner shall preserve the existing oak tree that is a concern to the neighbors. (5) The owner shall plant at least three 18 foot hardwood trees between the front of the building and the street and which shall be appropriately spaces, remain where they are planted as a condition of the property's certificate of occupancy, and they shall be maintained in a viable condition for a period of at least one year following the issuance of the certificate of occupancy. Section 3. The approval of the requested variances includes Exhibit A, Site Plan by John Ibarra & Associates, Professional Land Surveyors, Inc., dated 09-18-2014, for proposed new two-unit residential structure located at 6031 SW 76 Street is incorporated herein. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 3 rd , day of March, 2015. ATTEST: ~ ~o/ READ AND APPROVED AS TO FORM, LANGU , LE ALITY AND APPROVED: COMMISSION VOTE: Mayor Stoddard: 5-0 Yea Vice Mayor Harris: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Commissioner Edmond: Yea Page 2 of2 19 SoutOOiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: FROM: DATE: SUB!ECT: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager March 3, 2015 Agenda Item No.: l A Resolution approving an application for variances for a new two-unit residential structure located at 6031 SW 76 Street, South Miami, Florida, within the RM-18 zoning district. BACKGROUND: The applicant, Censig Holdings, LLC, has requested approval for four variances of Section 20- 3.S(F) to permit a minimum lot size of 7,358 square feet where I 0,000 square feet are required, to permit a frontage of 52.03 feet where 75 feet is required, and to permit side (interior) setbacks of 5 feet on either side of the property where 12.5 feet are required, in order to construct a two-unit residential structure located at 6031 SW 76 Street (Figure I). Figure I Sub·ect l I \ ~ I I / / JS1S // 7641 \, ______ ..,., ' J . DJ. . :d 7440 ---1 H 1500L...---! } I ---1 \ ,s20 i l I -i I I I i I I \ ·----------·-·J 5991 SW76THST ----~-------·-r·---\ (---- Property 20 Lot/ Setbadc Variance Request 6031 SW 76 Street Morch 3, 20 I 5 Poge 2 of6 The property is located in the mid-block of SW 76th Street in between SW 61 st Avenue and SW 59th Place, just south of US-I /South Dixie Highway. The existing structure was built in 1951 prior to the establishment of the current dimensional requirements, on an irregular shape lot zoned RM-18 within the Larkin Pines neighborhood (Figure 2). Figure 2 The City's Land Development Code requires any new construction to meet the current zoning standards for the particular district where it is located; in this instance, within the RM-18, Low Density Multi-Family Residential District. The applicant's hardship letter claims the property is unusually narrow and has an irregular shape. This parcel configuration is due to the rear portion of the lot being narrower than the front portion of the lot. Also, the lot size is merely 7,358 square feet and the frontage is 52.0 I feet APPLICABLE REGULATIONS REQUIREMENT Section 20-3.5F DIMENSIONAL REQUIREMENTS MULTI-FAMILY DISTRICTS RT-6 (TH) RT-9~ (2F) Max. Density (units/acre) 6 8.7 LCH C:\Users\mgan:ILCSM I \Documents\6031 SW 76 Street Variance_ CM Report revised mlg.dooc RM-24 (MF) 24 MU-AH (MF) 24 21 Lot/ Secbadc Variance Request 6031 SW 16 Street March3,20/5 Page 3 a(6 Min. Site Size Net Area (sq. ft.) 10,000 10,000 15,000 (I acre) Frontage (ft.) 200 100 100 100 Min. Lot Size Net Area (sq. ft.) 3,000 na na na Frontage (ft.) 25 na na na Min. Yard Setbacks (ft.) Front: I & 2 stories 25 25 25 25 3 stories na na 30 na 4 stories na na 35 na ·Rear: I & 2 stories 25 25 20 20 3 stories na na 25 na 4 stories na na 35 na Side (Interior) , I & 2 stories 10 75 12.5 125 3 stories na na 15 na 4 stories na na 20 na LCH C:\Users\mgarcia.CSMI\Documents\6031 SW 76 Street Variance_CM Report revised mlg.docx 22 Lad Setback Variance Request 6031 SW 76 Street March 3, 2015 · Page4o(6 Side (Street) I & 2 stories 3 stories 4 stories Between Buildings Perimeter;sup\sup; Max. Building Height Stories Feet Max. Impervious Coverage (%) 15 na na 20 15 2 25 40 15 25 na 30 na 35 15 · 20 IS na 2 4 25 50 35 70 a Townhouses allowed subject to all RT-6 requirements, except minimum site size. 2S na na 20 na 2 30 70 ;sup\sup; In addition to all other required setbacks when the site area is greater than two (2) acres. ANALYSIS The applicant is proposing a two-unit structure (duplex) on the property. It is important to note that up to three units are permitted pursuant to the land Development Code. ·However, only two units will be built fronting SW 76th Street. Please refer to the property survey and Figure 2 that illustrates the irregular shape lot; consisting of 7,358 square feet and a frontage of 52.03 feet. (I) The subject site is surrounded on the north by RM-24; Medium Density Multi-Family, on the east and west by RM-18, Low Density Multi-Family, and on the south by RS-3, Residential single family homes. (2) The property is not vacant. Currendy, there is a one-story residence built in 195 I prior to the establishment of the current dimensional requirements and an accessory structure on a legal nonconforming lot of record. LCH C:\Users\mgarcia.CSM I \Documents\6031 SW 76 Street Variance_CM Report revised mlg.docx 23 Lot/ Setback Variance Request 6031 SW 76 Sveet March 3, 2015 Page 5 of6 (3) This is an irregular shape lot. The rear portion of the lot is narrower than the front of the lot. Also, the lot size is merely 7,358 square feet and the frontage is 52.0 I feet. (4) The variance requested to allow for a lot size of 7,358 square feet, lot frontage of 52.03 feet, and for five feet side (interior) setbacks on the proposed two-unit residential is a unique situation due to the peculiarly narrow shape and size of the lot which justifies the granting of the variance. (5) The applicant's Statement of Hardship states that all variances· decisions shall be based upon an affirmative finding that the denial of the variance would result in a hardship to the landowner. Further, the hardship must be inherent in the land. (6) The four variances requested will have minimal impact on surrounding properties. Hence, the variances are also necessary to use the property and create a two-unit structure within the permitted density allowed under the low density multi-family zoning district. The applicant needs approval of four variances in order to construct a duplex within the permitted density, located at 6031 SW 76 Street (Lot 11, Block 2, Larkin Pines) within the RM- I 8, Low Density Multi-Family zoning district. The applicant is requesting approval for lot size, lot frontage, and side (interior) setbacks for the development of low density multi-family residential use. The subject parcel at 6031 SW 76 Street is considered a legal non-conforming lot of record and any new construction must meet the zoning standards for the RM-18, Low Density Multi-Family zoning district. Development of the property is prohibited because the lot area of the parcel is 7,358 sq. ft. which is below the minimum required lot size of I 0,000 sq. ft. The property will face SW 76 Street which has only 52.03 feet of frontage. This frontage is below the minimum required frontage of 75 feet for the zoning district (LDC ~ection 20-3.S(F). The third and forth variance requested are side (interior) setback variance. Please refer to the proposed Site Plan, Sheet A I , that illustrates the overall intent Further, the development will comply with all other City Code requirements. In June 2008 the City Commission amended the Land Development Code to add specific criteria for judging variance requests. LDC Section 20-5.9 (H) now requires that all variance decisions shall be based on an affirmative finding as to each of the following criterion: LCH I • The variance is necessary to relieve particular extraordinary conditions relating to a specific property; This structure is built on an irregular shaped lot and was constructed in 195 I prior to the establishment of the current dimensional requirements. C:\Users\mgarda.CSM I \Documents\6031 SW 76 Street Variance_ CM Report revised mlg.dooc 24 Lot/ Setbaclc Variance Request 603 I SW 76 Street March 3, 2015 Page 6 of6 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive· because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variances would be a hardship on the owner; the structure was built in 19 51 prior to the establishment of the current dimensional requirements. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; This is an irregular shaped lot and the structure predates the current code requirements. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the requested variance is the smallest possible and the only ones necessary to allow for the reasonable use of the prope(o/. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The approval of the variance is consistent with the Oty's objective to preserve the character of the designated structure and neighboring structures. At the February I 0, 2015 Planning Board meeting. the board reviewed Application PB-15-002 for the requested variances, and following a public hearing on the application, voted 4 ayes and I nays to recommend approval of the variance as requested. RECOMMENDATION The Planning Board recommends approval of the request as presented. The City Commission can approve the application as submitted, approve with conditions/modifications or deny the application. Should the Commission recommend approval of the requested variances, the development will comply with RM-18 zoning district, Secti(?n 20-3.S(F), Dimensional Requirements; including maximum building height of 2 stories (30 feet), maximum impervious coverage of 60%, and all other City Code requirements. LCH Y:\Memo 6031 SW 76 Street Variance_CM Report revised mlg.docx 25 JOHN IBARI tA & ASSO = INC. -·-----Profesalonal Land Surveyors & appers WWW.IBARRALANDSUR\ BYOR9,COM 777 N.W. 72nd AVBNUE 2804 DEL PPl\00 BLVD SOUTH SI.Ii I ii .IOU ...__ SUITE NO, ZOZ UNff' 1 MiAMJ, PL0~~3312 ~-~ OAPBCORAL. F1-33!J04""-- PH: (306) 262•0400 PH: (239) 640.2880 PAX: (SO&} 282 0401 FAX: (238) 540-2G84 MAP OF BOUNDARY SURVEY 6031 SW 76th STREET, MIAMI, FL 33143 LEGAL DESCRIPTION: LOT ff, LESS THE EAST 4.5 FEET' THEREOF, AND THEEAST9FEETOFLOTS 9ANO fO, IN BLOCK 2, OF U.Rl(JN PINES Si/BO/VISION, ACCORDING ro THE PLAT THEREOF AS RECORDED IN PlA T BOOK 24, Ar PAGE 20, OF THE PUBUC RECORDS OF OAOE COUNTY, FLORIDA. CERT/RCA TJON: -20 • GRAPHIC SCALE 0 10 (INFEET) 1 INCH:;; 20 FEET 20 • LOT·· 8 BLOCK-2 f.l .P. 112• NOCAP DOUGLAS ROBIN ADAMS GEN CONSTRUCTION, 1.1..C Nrnrn1 LINE Of LOT-9 --. 'a TREE TABLE -No. Name Diameter Ft. Hzl,sht ft. Spread (ft. "'i POINOANA 'Z.O 4lS 30 2 OAK 0.20 12 2 ., PALM o'Jo 20 4 II PALM 0.60 i~ 4 s PALM • 4 6 PALM • ls 4 7 ]AK 30 40 1.75 8 ICVS m T6 9 ACUS 0.40 12 8 1D tMNGO 0.50 -20 15 11 OAIC 1.50 18 12 1.50 15 •• MAHOGANY .1,lQ, s 15 14 OAIC 1.50 35 20 15 PAPAYA OSI u 3 SURVEYOR'S NOTES: I. AU.~ ~-TO W.TIOWM.GtODm. &riGM. IMTUM 0, 1829 011« COUlffl'fflO<Mt~ .IDCl\lW.-I«). <1005 flfWITICN 15 13.!0 0, N.G.Y.D. OI' 181' 2. NOCffl & OH PIAf lt. ABBREVIATIONS AND MEANINGS A•MII: NC••--· U• .,... . Ml• JIIJ•MJ .• I.e.• •00l Co.J D.Clt•- UC.•flUIUll,O. o.,.,_ n,ww. aoo-a.,,oo,....a,. C•Cilll.O!♦JZP U•CA.tOtl'\SY ,. -~ll.00.~ -Cl0ICll!lt .,..,. ~ OI.• 01.a.----Q• Cl.I. CMC,• a: CQC. .. ctlllOlelt. ~-•CDC. c:!l•CIOICJlrlrlll'CI C Ill.• COIIC.. UflmflQl c.,, .• OL• NOIDIT. , ....... DIW!ltQ'~ "' . -- • OA•awlllll'IO OJIL•OQOU.,.,,.....:, 0 '" • O'ftOII.. • ., -..,NIL ft/'l)C, CM!• • • I\.•~ I'll • I Ci W} LIE. P,CC • IOCltlCO:OCU'D CUl\t. ,.e.-l'Cllff a, a-. "·•-Cl' ,cc -Plllff 111' 1111.• ,.a.c:. ... ~ ... w ,.e.-,ur l'C.•,G.. ""· -flM.• -.ail~. ,....... ur; • • • • • ••• ... ·•llll&IIJIIO, C•~- , .... o,I • rlJiUIIIIWlmY, C. "". , ~ O' .... u.~.otn-oM". 11:Sf• 0 -.... (J') • R-25.00' L=39.50' T:25.23' CH=35.51' 6.=90°31 '00" ., .. P.C. f.l.P. 112" NOCAP 106.00' RE~AAINOER Of I.OT -9 BLOCK-2 REMAINDER OF LOT -10 BLOCK-2 106.00' SOUTH LINE OF LOT-10 \ "b-- _, d r.,.r. 112· ~ rn NOCAr • ~ LAMPN G' W.f'. 4' C.L.f. ~I Ii: @ 10. f.l.P. l/2" -NO CAP 0.67' C D.35'CL 0.20' CL 0.85'CL (B) 9.00' ~,-.._. 0.25' G' W.f'. 4' C.L.f. • 0.23'CL ONPL .. 8 g ..... 10. f • 0.1, -".v11,, 1024' 9.16' c.o. 0 9.83' ..... ~O\'JltlD wt UllD.7 8.C. f.l.P. 1/2" NOCN' 80.77' • • • • • • • • • 'c:, l"l"u.\c '11:.l>k • • • • • • 'J 1 • -• • • • • • • • .., .\...J..lfC .. ...,"" • • N0 CN' • · • ENCROACHMENT NOTES: A. SOUTH SIDE OF THE SUBJECT PROPERTY, CHAIN LINK FBiCE IS ENCROACHING INTO TiiE RIGHT OF WAY OF SW 76th STREET. B. NORTH SIDE OF THE SUBJECT PROPER IV, UTILITV POLE IS ENCROACHING INTO THE SUBJE<.'T PROPERf Y. 0. -Im W.M. I 1• PW( . . • 1: LOT • 7 BLOCK -2 r; CBW 43.09. C? N - .... • -- 24.1' ED 24. I' .R LOT-11 BLOCK - 2 10.23' ONE STORY RES. # G031 NC ElfV. c.r (5.2' X 4' ) - _, A.C • m 10.73' ~ a F.I.P. 1/2' NOCAr I.OT -G BLOCK-2 5.20' 5.10' I .06' 4' C.l.f. 8AO CONDITION - LOT -12 BLOCK-2 ' • LE55 our OF LOT· I I BLOCK-2 10.47' I • ~ cl 1.00'CL ~ 0.30'CL 4' C.Lf. t-lOCAf· · · · • • • - LOCATION SKETCH SCALE • N. r.S. LEGAJ. NOTES TO AGCOMPANY SKETCH OF SURVEY: • nL..e ..i,,y 111!. ~ ««Otur»;"" nit NllllC ~ xor ,i,o,wv a,. 11 a S™"'-cA:lif r. • n~~ OI' mi,~-" i'Ot 11!2 INOllm.N!Mi mtL' l~ ND m··'O< IND ~JIOr «IIW ""'o:1,l'ltLC11DNl'l.«f0'(3 • 0tea•1.r,o, is or nit ,•t0•1t,cr or mu MU ~Ill!' n, « MIiot. rt>~ ""3~ II' ANf'. 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""' "8:Vffi.'i' &IM -'Ult\lC,W ,.;iO YT~ Mr M/0 t::OMl'Ue, Mm 1>fl: MINIMUM ,tc HCAL M11M11-•1"0 ~3£• ?Offil ~-tD.11 ltOOf' LV/D 'llf'l1' /NC111\.!'lbt"-1-l7.~M:WA.H5111Affl;i'C00t l#TTO ,f71.027, ~ .5t 8~--09/18/2014 CARLO$ !BARRA 1t1111~arrao lAHD 51.lt~r:'tOw. .0.: (;770 !ITAR: Of' l'WGIII ucmu ~ .,_~ ...,,tltJ. ~OH, ------------- IUVl!ll!)O#, ____________ ~ DRAWNBY: NGH ' •••••♦ ♦ ◄ .··t~11Flc¼ c., • • • • • • • • • I FIELD DATE: 09/18/2014 • • • NO. 6170 • • • • • • • • STATEOF • • • • • • • • • • • ··•.f!OR\Q~-· . ' ........ :suRVEY NO: 14-003181-1 L SHEET: 1 OF1 L.B.# 7806 SEAL • • • I • ' I • : .. I • ' ' I f I I I I I I I I ' • ' i I ' • I • • . • • • . • ' I • • I I I I t • I I • I . I • I • I I • ; I I • . I I • • • ' • • • • 26 THE SOUTH MI AM I DUPLEX .6 0 31 s. w. 7 6th STREET MIA-MI FL 33143 lDTMEBEBTOI' lHEARClffltcml'IOIJWl.B>CiE. llEPWISNG !IPECFICATIDIIS COll'LYll'i11MnEN'AJCAll1£1UfK.MBUI.OOG COD!:BAHDTKEN'Rr.ABL£RRf.lW'ETVSTANDARDIIM DEmNEO S'fTIGil.OCM.NJTHOllftYNMXXll!lWCEwmtnEFK, IIUWNlfJ OW'TERIIS,R.ORDlSTAM&. I Ttl(S,OfUJRID,\IIUl.DNlCODEISTtEIASl:DCOOEftlRDElilGN I ,_CF_ NlWCOffSTIIIJCfllN 01' A DUJllfl. TWOsnJRY ABUIENCE _ ......... -................ """' DRAWIHOll«Je>t A-1 BR'E Pt.Ml 1N1 ZOMJNBLEDEND SUR\ll!Y M . NlilBHBORH00DCONTEXTPHOT08 A-31 NEQHBORHOOOC0HTECT PHOTOS Ar' GROUND FtOORPLAN A-5 8ECONO FlOOR Pt.AN Ml ROOJI DECK A..OORPI..M A-7 FROHT EXTERIOR ELEVATION FOLIO No. 09-4036-027-0150 12/12/14 VARIANCE SUBMISSION PROJECT TEAM ARCHITECT LEVIN KOTZEN ARCHffECTS 1111,:,Clltl.Jlm,M a9IO Mcf.tan. RNd. Su1la 207 Mlalnf,FL Xl133 'r.305...U3t11!1 E:~..can OWNER CENSIG HOLOINOS, U.C altn:BobUu Hll1SJN.74tt1S!Jelt,8cllla30IS l6nt,FlS31~ T:30511V78022 ~-- LEGAL COUNCIL BEROOW RADa.La FERNANDEZ attn:.MldlayMllffllfU,Esq 200Sautll~~&ila850 Mllm,Fl 3Jl31 T:3053TrB231 E:l'llfflllft9ra@?llladn(l'3w.com ~ .IOHH ISARRAAABSOaAml. 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"' "' :,: .... ::, 0 "' .... w w "' .... "' SITE Pl.AN and ZONING LEGEND A 27... .. • .. 1 2 3 4 0 6031 S.W. 76 STREET 0 AERJAL-6031 S.W. 76STREET 0 6001 S.W. 76 STREET 0 5991 S.W. 76 STREET • 5 Ill LEVIN KOTZEN ARCHITECTS ,PH NlrAIIUitC ltDI.O, IUln! Ill CDCONur GIIOVf, ,~ JIUJ WWW. LeYINltOT ZEN.COM M ~ M M ii >< u'. fr w ...I i "' IJ. C, "" I :::, "' C " ~ ,_ => 0 is :;; "' <( ,_ ~ w :;; w Cl "' g ,_ ::c "' ~ I-= w 5 :::, ~ 0 ;: "' u, "' ;.:; ~ ..... NEIOHBORHOOD CONTEXT PliOTOS A 2 28© 82211S.W.52AVE · 8 ... 0 AERIAL• 8031 S.W. 7& STREET 0 80208.W. 711STREET 7 ... 6 ... © 8040 8.W. 78 STREET Ill LEVIN KOTZEN ARCHITECTS na; ftd'Ml..e-.. MR ft, c;CKONtJI GlfO'II!, tl HIH WllW.LEYINKOTZEN.CDPI .1.t IIIIJ'HL • U HIUIJ ., ... ., ., Ii: >< .., ~ w ... ...I II) D.. :,; (!) :e I :::I "' C :r I I-:::, 0 :i:; :ii: "' (!) < I-ii; w ~ :I!: w "' u .... i:: ::c .. a I-~ :::I ., n 0 3:: II) tn "' ., 0 ., , .... """" .... 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H UIIJ www.LfVINKOTZeN.COH "" 1111111. • ••0011,n ~ . .., >< "' w ~ ..J a. ~ => _: ~ "' ~ C ~ ::,; ,: ~ == I-<( ::, ... 0 ~ "' == I-Si w gi :c w a: CJ) I-I-~ => "' ~ :i: 0 ., ~ rn ... ;:: ~ w "' :c I-.., 0 ., ... ,. ... ,.,.,. ROOF DECK FLOOR PLAN -~ .. ... , . --A 6 I ! I I 32---lll'f:IQIIIIIMlml.E'IDICIJI' ,., .. 'Rlf'll'NIOl'IUI Ill LEVIN KOTZEN ARCHITECTS lff!I NIUUHE RUii, IU'ltl HI c:oc:owut HOWi', ,~ UUI WWW. LEYINKOTZEN. CON AAUIJIU. AA DDIUIJ ·•·• >< w ii: ..J ~ a.. => ~ C ~ :E ~ c( .., ~ :E Si !!l X "' I-~ => C: 0 ~ fl) ~ w X I---""' "'""' FRONT ELEVATION A 7 M .,. M M --' ... _: "' ~ :,; :c I-::, 0 I-w w c,: I-<I) ;;; !: <I) M 0 .. 33 DRAFT City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:11PM Pledge of Allegiance was recited in unison II. Roll Call Action: Mr. Greiner requested a roll call. Board Members present constituting a quorum: Mr. Greiner (Chairman), Dr. Philips, Mrs. Fischer, Mr. Williams, and Ms. Glavey. Board Member absent: Mr. Carreras City staff present: Ms. Shari Kamali (Assistant City Manager) and Mr. Marcus Lightfoot (Zoning Review Coordinator). City staff absent: None City Attorney: Mr. Thomas Pepe. III. Approval of the Minutes: Planning Board Minutes of January 13, 2015 -The Board members reviewed the minutes and were in favor of approval of the minutes with changes. Motion: Mr. Williams motioned to approve the minutes once the discussion on the tree ordinance has been modified. Ms. Fischer seconded the motion. Vote: Yes 5, No 0 Mr. Williams: Yes Ms. Glavey: Yes Mr. Greiner: Yes Mrs. Fischer: Yes Dr. Philips: Yes Page 1 of 6 34 IV. Administrative Matters/Board Comments None at this time V. Public Hearings 1. PB-15-002 Applicant: Censig Holdings, LLC Location: 6031 SW 76th Street A Resolution relating to a request for four variances from Section 20-3.5(F) of the Land Development Code, to allow for lot size 7,358 square feet where a minimum of 10,000 square feet is required, to permit a frontage of 52.03 where 75 feet is required and to permit side setbacks of 5 feet where a minimum of 12.5 feet is required, for a new two-unit residential structure located at 6031 SW 76 Street, South Miami, Florida, within the RM-18 zoning district. Mr. Williams read the item into the record. Ms. Kamali presented the item to the Board. The Chairperson invited the applicant to the podium to speak. Name Address Michael Marrero, Esq. 200 S. Biscayne Boulevard, 850 Mr. Marrero presented the item to the Board. Support/Oppose Support Ms. Fischer asked when the property was purchased. Mr. Marrero responded that the property was purchased approximately six months ago. She then had questions regarding impervious coverage. Ms. Kamali stated that her questions will be addressed during the site plan review for the project. Ms. Kamali then stated that staff will ensure that the project complies with all of the regulations listed in the Land Development Code. Mr. Marrero stated that they did speak to Christopher Brimo, the previous planning director, and showed him samples of pervious pavers for the project. Dr. Philips asked if it is necessary that this lot have a multi-family structure on it. Name Carl Levin Address 2980 McFarlane Road, #207 Support/Oppose Support Mr. Levin, the architect of record for the project responded that the developers chose to have a multi-family structure on the lot. Dr. Philips then asked if it is required that there be a multi-family structure built on the lot. Mr. Marrero stated no, it is not required. The zoning district for the property allows for up to three (3) units be built. Dr. Philips then stated that if it were a single unit then a 12.5 foot setback could be used. Mr. Marrero responded that it would be difficult to obtain that setback due to the fact that the existing single family home that is on the site does not comply with the requirements of the zoning district. Z:\PB\PB Minutes\20 I 5 Minutes\2-10-20 I 5\PB Draft Regular Meeting Minutes -2-I 0-20 I 5 .docx Page 2 of 6 35 Mr. Greiner commended the architect on the design of the project. Both Ms. Glavey and Mr. Williams commended the architect on the design of the project. The Chairperson opened the meeting to Public Comments. Name Address Dr. Herbie Wertheim 6021 SW 76 Street Support/Oppose Oppose Dr. Wertheim stated that he is the neighbor directly to the west and is concerned that if the building is built with a side setback of 5.5 feet, it may cast a shadow on his property. He says that the proposed building would be encroaching on his life, and if they are allowed to use that type of setback, then his only recourse is to develop his own property. Mr. Williams asked Dr. Wertheim if he has any issues with any of the other variances. Dr. Wertheim stated that he does not have an issue with the design. However, he feels that the project is unreasonably tall and would cast unnecessary shade onto his property. Last, Dr. Wertheim stated that he would prefer for another single family home to be built on the property. Ms. Glavey asked Dr. Wertheim what his side setback was, of which he responded that it is approximately 12.5 feet. Ms. Glavey then stated that there would be a total of 17.5 feet between the two structures. Name Rafael Rodriguez Address 7541 SW 61 Avenue #6 Support/Oppose Support Mr. Rafael stated that he lives in the building directly to the east of the subject property. He then stated that additional fill may need to be added in order to raise the elevation for the property. He then stated that the tree that Mr. Marrero spoke on resides on his property. He stated that there should be consideration of how it is pruned, but there should also be consideration for its roots as well since they are within the confines of the subject property. The Chairperson closed the meeting to Public Comments. Mr. Williams asked what the hardship was for this variance. Mr. Marrero stated that the characteristics of the lot are creating the hardship. He then stated that the zoning criteria for the district were designed for larger lots. Ms. Fischer stated that the Board reviewed a previous variance request, where the city attorney ruled that the hardship was self-created due to the fact that the property owner purchased the lot knowing that it was irregularly shaped and did not comply with the zoning regulations for the district. Because of this, Ms. Fischer stated that the hardship for the subject property was self-created as well. Mr. Pepe responded that the particular Z:\PB\PB Minutes\2015 Minutes\2-10-2015\PB Draft Regular Meeting Minutes. 2-10-2015.docx Page 3 of 6 36 owner purchased the property knowing what the zoning was, thereby causing a self- created hardship. He then stated that this property may be zoned in such a way that would allow for greater density if the property were larger, they do not have to use the property for the maximum extent of which it is zoned, especially since there is a neighbor that will be directly affected by one of the variances that are being requested. Ms. Fischer stated that if two units was such a tight fit, how three units could be built on the property. Mr. Greiner stated that three units are what are allowed by the district. Mr. Marrero added that because density is function of the size of the lot, for the density of 18 units per acre, three units would be allowed on a lot of this size. Mr. Marrero then stated that the developer did purchase the lot knowing the zoning for it. He then stated that at some point, the property. would need to be redeveloped. Last Mr. Marrero pointed out that the house currently on the property would need variances as well if it were reviewed against todays zoning regulations. Mr. Marrero stated that the gentleman to the east, Dr. Wertheim, does not live in the residence that he owns. Mr. Marrero then stated that his clients were originally in talks with Dr. Wertheim to purchase his property as well but talks broke down. If they were to purchase Dr. Wertheim's property, then the variances that are being requested at this time would not be needed. Ms. Fischer asked if the developer had wanted to put three units on the property, would the setbacks be the same, of which Mr. Marrero stated yes. They chose not to put three units so that the property isn't filled to its maximum capacity. Mr. Greiner asked what the zoning was to either side of the subject property. Ms. Kamali responded that the surrounding zoning is RM-24 to the north, RM-18 on the east and west, and RS-3 to the south. Name Bob Liu Address 5901 SW 74 Street #306 Support/Oppose Support Mr. Liu, the developer for the project, reiterated that the current home would need the same variances in order to be built to the current standards for the zoning district. He then stated that they this design so as to not be obtrusive to the surrounding neighborhood. Mr. Greiner asked what the footprint for the structure would be. Mr. Marrero responded that the coverage is 4,300 square feet. Mr. Greiner then asked what the gross living area, not including the roof, would be. Mr. Liu responded that it would be approximately 3,600 square feet which includes the first and second floor. Mr. Greiner then stated that it is a very large single family home, but it is in the confines of the zoning regulations. Dr. Philips stated that a single family home with a side setback of 12.5 feet could be placed on the lot. Mr. Marrero stated that the 5.5 foot setback is necessary in order to place an architectural feature in that area in order to break of the massing of that sjde of the structure. Z:\PB\PB Minutes\2015 Minutes\2-10-20 I 5\PB Draft Regular Meeting Minutes -2-10-2015.docx Page 4 of 6 37 Mr. Williams asked if the proposed structure is using the same footprint as the existing single family residence, of which Mr. Marrero stated no. Mr. Williams asked if he could hear from the other residents in the area. Mr. Marrero stated that they sent out a notice about the variance to residences in the neighborhood as required by the Land Development Code. He stated that a lot of the residents have contacted him, of which he has met with them and discussed their concerns. That's how he found out about the tree on the property to the west. Ms. Fischer stated that only one house could be placed on the lot and would be more appropriate, especially since the zoning district directly to the south was RS-3. She then stated that a five foot setback is the equivalent of a sidewalk. It gives the impression that there is a zero lot line for the property. Ms. Fischer stated that she is concerned that if the 5 foot setback were approved, the plans could change; utilizing the new setback for the whole side, by the time it comes before the ERPB. She then stated that because a 5 foot setback is not in character with the neighborhood, she could not support this project. Mr. Marrero stated that he understands her concerns, and that it is not the intention of the developer to use that 5 foot setback for the whole building. If necessary, a condition could be made, tying the submitted plans for the project to the approval for the variance. Mr. Williams asked Mr. Fischer how she felt about the response that was given. Ms. Fischer responded that she would be more comfortable if the project were a single family residence with larger side setbacks. Mr. Greiner stated that while a single family house could be built on the property, due to the regulations for the district, the size of the single family house could rival the size of the multi-family project that is currently being reviewed. The fact that it is a two-unit structure is irrelevant. Ms. Glavey asked staff if a variance for the size of the lot (7,358 SF) would be necessary regardless of what was built on the property, of which Ms. Kamali stated yes. She then asked if the variance for the frontage (52 ft.) would be needed also, of which Ms. Kamali stated yes. Last, Ms. Glavey asked if the 12.5 setback is based on a typical lot that complies with the current zoning district, of which Ms. Kamali stated yes. Mr. Williams reopened the meeting to public comments Ms. Fischer reminded the public that the Planning Board is strictly an advisory board. The city commission makes the final decision. The City Attorney stated if the current house were removed, there definitely would be a hardship because the owner would have to build something very similar to the footprint currently there. Name Gretel Norweb Address 7541 SW 61 Avenue #1 Support/Oppose Support Ms. Norweb stated that she had not seen the project and requested to take a look at it. Z:\PB\PB Minutes\2015 Minutes\2-10-2015\PB Draft Regular Meeting Minutes -2-10-2015.docx Page 5 of 6 38 Name Fernando Rendina Address 7541 SW 61 Avenue #4 Support/Oppose Support Mr. Rendina stated that he had not seen the project and requested to take a look at it. Mr. Liu stated that the community was concerned with the 5 foot setback for the project. Name Dr. Herbie Wertheim Address 6021 SW 76 Street Support/Oppose Oppose Dr. Wertheim restated the comments that he made earlier in the discussion. Mr. Marrero reiterated that Dr. Wertheim does not live at the house to west. He then stated that the variances requested at this time would be necessary to build the current single family residence. The Chairperson closed the meeting to Public Comments. Ms. Fischer asked the City Attorney if this item would set a legal precedence, of which Mr. Pepe stated no. Motion: Dr. Philips motioned to accept the application as presented. This motion was seconded by Mr. Williams. Vote: Yes 4, No 1 Ms. Glavey: Yes Mr. Williams: Yes Mr. Greiner: Yes Mrs. Fischer: No Dr. Philips: Yes VI. Public Comments/New Business Ms. Fischer asked about Resolution #202-14-14296 regarding the request from City Commission to have the Planning Board make recommendations for the land use and zoning for seven lots that are west of Mount Olive Missionary Baptist Church of South Miami. Ms. Kamali stated that she will get copy of the resolution and have it placed on the next scheduled Planning Board meeting. Mr. Greiner asked if the Board would be interested in taking a look at the possible changes to the Hometown Overlay, of which the Board stated yes. Ms. Kamali stated that the document should be sent to her so that she can distribute it to the board members. VII. Future Meeting Dates: March 10, 2015 VIX. Adjournment: Mr. Greiner adjourned the Planning Board meeting at 8:19 PM. Z:\PB\PB Minutes\2015 Minutes\2-10-2015\PB Draft Regular Meeting Minutes -2-10-2015.docx Page 6 of 6 39 rdr miami I public hearing notification services certified lists of property owners within a specific radius+ radius maps+ mailing labels+ mailouts + notice of public hearing site posttng rdrmiami.com I diana@rdrmiami.com I 305.498.1614 October 6, 2022 City of South Miami Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 Re: Property owners within 500 feet of: SUBJECT: 6021 SW 76 Street, South Miami, FL 33143 FOLIO NUMBER: 09-4036-027-0160 ABBREV. LEGAL DESCRIPTION: MAP OF LARKINS PINES PB 24-20 LOT 12 & E4.5FT M/L OF LOT 11 BLK2 This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet radius of the external boundaries of the subject property listed above, excluding the subject property. This reflects the most current records on file in the Miami-Dade County Property Appraisers' Office. Sincerely, Diana B. Rio Total number of property owners without repetition: 78, including 0 international (5 of these 78 property owners are considered abutting or contiguous, including those across the street; therefore, their notice shall be mailed via Certified Mail. These are the last 5 entries on the attached list, shown in red) Rio Development Resources, LLC ("RDR") has used its best efforts in collecting the information published in this report and the findings contained in the report are based solely and exclusively on information provided by you and information gathered from public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from any and all losses, damages, liab ilitie s and expenses which can be claimed against RDR caused by or related to this report. 40 rdr miami I public hearing notification services certified lists of property owners within a specific radius+ radius maps+ mailing labels+ mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com I 305.498.1614 SW76T H ST en ~ C ~1------ 500' RADIUS MAP ml----N i;..---, SUBJECT: 6021 SW 76 Street, South Miami, FL 33143 FOLIO NUMBER: 09-4036-027-0160 $ SW76TH ST ABBREV. LEGAL DESCRIPTION : MAP OF LARKINS PINES PB 24-20 LOT 12 & E4.5FT M/L OF LOT 11 BLK 2 Abutting or contiguous property owners, including those across the street J 41 --~----rdr miaml I public heoring notification services certified lists of property owners within a specific radius+ radius maps + mailing labels + mailouts + notice of public hearing site posling rdrmiami.com I diana@rdrmiami.com I 305.498.1614 October 27, 2022 City of South Miami Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 Re: Property owners within 500 feet of: SUBJECT: 6021 SW 76 Street, South Miami, FL 33143 FOLIO NUMBER: 09-4036-027-0160 ABBREV. LEGAL DESCRIPTION: MAP OF LARKINS PINES PB 24-20 LOT 12 & E4.5FT M/L OF LOT 11 BLK 2 I hereby certify that the attached notice was sent to all the property owners within 500' radius from the subject property (ies) on October 27, 2022 via First Class mail. 5 abutting or contiguous property owners, including those across the street, received the notice via Certified Mail, receipts attached. Total number of property owners without repetition: 78, incLuding O international State of: T ' Y1 d e~ County of: -e 1·c..,,...._._: _ J)~~ 8 !;ORE ME : an officer duly authorized to take acknowledgments, on this , I 1: r_ ~ ~ ,7) ' v <. ~-(,., VJ , . ;;1.v;};;)--personally appeared ..J.-,', c ""'-a ft..~ -~-1..-1 ;}..-/ day of who is personally known to me or who has produced __________________ _ as identification and who did take or did not take an oath, who executed the foregoing, and executed the same freely a o luntarily for the purposes therein expressed . Notary Public Dated this __ ,_?_1_·-rv1_· -~·day of Commission Expires : Seal Rio Development Resources, LLC ("RDR0) has used its best efforts in collecting the infonnation published in this report and the findings contained in the report are based solely and exclusively on information provided by you and information gathered from public records and that local government_ By acceptance of this report. you agree to hold RDR harmless and indemnify RDR from any and al/ losses, damages, liabilities and expenses v1hich can be claimed against RDR caused by or related to this report. 42 October 26, 2022 VIA CERTIFIED MAIL/ USPS ATTN: CONTIGUOUS PROPERTY OWNERS/ NEIGHBORS WITHIN 500 FT RADIUS RE: Notification of Application for Variances for property located at 6021 SW 76TH STREET MIAMI, FL, 33143 **PLEASE DISREGARD THE PREVIOUS NOTICE RECEIVED** Dear neighbor, SW 76TH STREET, LLC is building a two-unit development in the coming months. Their location at 6021 SW 76TH Street requests a variance in the city's allowances for building setbacks and maximum impervious coverage. The proposed Project complies with the Front and the Rear required setbacks, however, the requested variance to the side interior setbacks is necessary to make possible a reasonable use of the land and the building. The requested variances consist of: 1. Reducing the side interior setbacks from 12.5 feet to a minimum of 5 feet necessary to circulate around the building by connecting efficiently the front and the rear yard and plant a landscape buffer of shrubs along the perimeter privacy fence. 2. Increasing in 10% the maximum allowed impervious area (from 60% to 70%) The site plan must be approved by the Planning Board and City Commission -You are being notified in conformance of the city's zoning regulations regarding the application. This proposed project complies with all applicable code provisions. Should you have any questions, p lease contact us via email at Arc88Developers@gmail.com . Sincerely, Nicholas Daniel Managing Member -SW 76TH STREET, LLC 43 CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE PLANNING BOARD In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, and the City's Home Rule Powers, the City will be holding its Planning Board Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until social distancing is no longer required by any relevant Executive Orders. The meeting originally scheduled to begin on Tuesday, November 8, 2022, at 7:00 p.m. has been cancelled and rescheduled for W ednesday , Nov ember 16, 2022, to consider the following public hearing items : 1. PB-22-014 Applicant: SW 76 Street, LLC A Resolution relating to a Variance application to increase the maximum impervious coverage requirement and to reduce the minimum east and west side interior setback requirement for a new two-family residential dwelling located at 6021 SW 76 Street. 7435 :---......... ,I' ~ __ --l ,.,... I oc.r . ' SW 76TH ST ' -' ill I I--: m LO L- 44 All Board members as well as City staff will participate by video conferencing at City Hall or at remote locations through the Zoom platform, and members of the public may join the meeting via either Zoom at (ht1os ://zoom.us/i!J056636 .~J8), by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. If you desire to present evidence, attend in Commission Chambers or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at h ttn: 1/-., \\\\ .southmium i fl.2.nv i 580/Puhl ic -Mec tin gs -No tici....-s . Anyone who wishes to review the pending application and supporting documentation in person must make an appointment by calling 305-663-6327 or 305-663-6331. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days (not counting the day of the meeting) before the meeting deliver your request to the City Clerk by telephone: 305-722-8686 (voice) or 305-442- 1600 (TTY/TDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. 45 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCI A, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except 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. 15, 2022 in the XXXX Court , was published in said newspaper by print in the issues of and /or by publication on the newspaper's website, if authorized, on 11/04/2022 Affiant further says that the newspaper complies with all legal for publication in chapter_ 50, Florida Swo and subscribed before me this 4 day of NOVEMBER, A.D. 2022 (SEA L) GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE PLANNING BOARD In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, and the City's Home Rule Powers, the City will be holding its Planning Board Meeting live in chambers and VIRTUALLY through communications media technology (CM1) until social distancing is no 10f19ef required by anY. relevant Executive Orders. The meetln originally §Yheduled to be in on Tuesda No ember 8 20 at 7:00 .m. has' been cancelled and resch duled ror-Wednesdav. Noiiembe 16 2022, to consider the following public hearing items: 1. PB-22-014 Applicant SW 76 Street, LLC A Resolution relating to a Variance application to increase the maximum impervious coverage requirement and to reduce the minimum east and west side interior setback requirement for a new two-family residential dwelling located at 6021 SW 76 Street 2. PB-22-015 Applicant City of South Miami A Resolution relating to a Final Plat application to allow a replat of a 0.954-acre property, comprised of three contiguous, vacant parcels bound by SW 64th Terrace to the north and SW 61st Court to the west of the three parcels, and as legally described herein. All Board members as well· as City staff \'{ill part tc!p ale by vid~o con f!)(Bn.ci ng at City Hall or at reroat e locations through the Zooin ! platform, and memb_ers of the public may join the meeting via either Zoom at(https://zoom.us/I/3056636338 ), by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on ' lh?,Zoom platform, and wbere they can participate. If you d~lre to present . ev idence, attend in Com missio n Chamb ers or you are unab le to us e Zoom, I 46 c,ty of Sou#-. M/am i P/3-22 -otlf there are procedures to follow and othe r options .ivallable includirig a dedtcated phone llne to listen and participat!cl iri the meeting and limited publfc at:tendance, all ot which ls set forth in ,lhe ·rneetlng notlce •postl!ci at City Hall and at lll!ll://www.south miamifl. ov/580/Public-eetlmls"NQ.~-1 Anyone who wfshes to review the pen(/irfg -appllcation and supportfng documentation In person must make an appointment by calling 305-663- 6327 or 305-663-6331. Note \tJal p),lrsuanl to Florida S:tatutes 286.0105, a persoi, who cfeoides to appeal any 'd~lslon made by a Boarq, ~gency or Commission , wlth res pect to any matter considered at its rneetirig _.or hearillQ, a recorctof the proceedings will be required fol' ·said appeal ~d such person wlll be required lo have a verbatim transcript of the proce~ings_ lni::I_LJding the testimony and evJ(jence upon which the appeal Is to ·be bas8li ADA; To request a modillcation to a policy, pracljce or procedure or to r'eg\iest ~ auxiliary aide ·or se_i:vi'ce 1n order to partfcipate ir a cny i:irogram, acU~ or event, you must on or be!oni 4:00 p.m. 3 busfn$ day,s (not counting the day of the meellng) before. the mEtel:ilig deliver your req\(est j:o the Ctty Cler!\ b.y te lephone: 3Q$:_722-8686 (voice) or,:305-,i,42-1600 (lT"t'/TbDf or by mall .at 6130 Suns6l Drive, South Miami. Florida or erriall at npayne@souttimiamifl.gov. 11/4 22-25/0000629368M 1 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Wednesday, November 16, 2022 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A -5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foresee ably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical in formation at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov). I. Call to Order Action: Mr. Miller called the meeting to order at 7:00 P.M. Mr. Pepe provided the Board and public with the rules for the meeting. II. Roll Call Board Members Present Constituting a Quorum: Mr. Jay Miller (Chairperson), Mr. Lee Jacobs, Mr. Subrata Basu, and Mrs. Michelle Readon. Board Members Absent: Mr. Orlando Borges and Ms. Guirla H. Dodard City Staff Present: Mr. Henry Flores (Planning Director) and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Thomas Pepe, Esq. III. Administrative Matters 1. Introduction of New Planning Director, Mr. Henry Flores, AICP, CFM Mr. Lightfoot introduced Mr. Henry Flores as the new Planning Director to the Board. 47 2 2. Vice Chair Elections Mr. Miller asked if vice chair elections will be held at the next meeting, to which Mr. Lightfoot stated yes. IV. Public Hearings: 1. PB-22-014 Applicant: SW 76 Street, LLC A Resolution relating to a Variance application to increase the maximum impervious coverage requirement and to reduce the minimum east and west side interior setback requirement for a new two-family residential dwelling located at 6021 SW 76 Street. Applicant: SW 76 Street, LLC, represented by Mr. Nicholas Daniel and Adonis Morejon Mr. Lightfoot read PB‐22-014 into the record and then presented the staff report for the item to the Board. Mr. Basu asked if the structure located at 6031 SW 76 Street was a two-family residence with a similar setback, to which Mr. Lightfoot stated yes. Mr. Basu asked if the City allows permeable driveways, to which Mr. Lightfoot stated no. Mr. Miller asked if there were similar situations in the neighborhood, to which Mr. Lightfoot stated no. Mr. Jacobs asked if the subject property was the only location with trees, to which Mr. Lightfoot stated that he was unable to answer the question. Mr. Miller added that the neighborhood has a lot of trees. Mr. Jacobs asked if this was the location where the shotgun homes were located, to which Mr. Lightfoot stated no. The shotgun homes were in the RS-4 zoning district off of SW 59th Place. The subject property is on the east side of US-1. Mr. Daniel asked if the property located at 6031 SW 76 Street obtained a variance for impervious coverage, to which Mr. Lightfoot stated no. They only received variances for setbacks, lot size, and frontage. Mr. Daniel stated that there are apartments to the east, west, and north of the subject property. He then stated that the trees within the lot are along the lot lines and should not obstruct any future construction that will be performed. Mr. Morejon added that they are going to do everything they can to keep the trees. Mr. Morejon addressed the Board and spoke on the use of impermeable pavers on the site. The Chairperson opened the floor to public comments on PB‐22-014. 48 3 • Marina Ross – Stated that she is concerned about privacy issues that could arise from the structure being close to the property line. She is opposed to the project. • John Yoon – Stated that he is concerned about privacy issues that could arise from the structure being close to the property line. He is opposed to the project. • Rafael Rodriguez – Provided the Board with background on the neighborhood’s stance on the variance for 6031 SW 76 Street. He then stated that he was opposed to the project. The Chairperson closed the floor to public comments on PB‐22-014. Mr. Daniel responded to the statements that were made during public comments. He stated that two (2) of the people that spoke are living in a residential structure that was built using the same type of variance that he was seeking. Mr. Daniel then stated that his lot was the only lot on the street with a single-family residence which was surrounded by multi-family structures. Because of that, he stated that a single-family residence would not be in conformance with the neighborhood. He then added that they aren’t against planting trees. They want greenspace as well and will plant whatever the City wants planted. Mr. Morejon stated that the proposed design is similar to the structure on the 6031 SW 76 Street property. It is the same design on the same type of site. Mr. Morejon then showed the Board renderings of how the proposed structure will look once completed. The Chair opened the floor to Board Discussion. Mr. Basu stated that the proposed property is in between an existing townhome and apartments. Because of that, he doesn’t see a domino effect as a big factor as the property is constrained between the existing buildings. Mr. Basu then added that the question of privacy isn’t going to be an issue as the walls on the second floor of the building are predominately solid. A majority of the windows are on the ground floor. Mr. Jacobs stated that he saw a problem with the variance that was approved for 6031 SW 76 Street in that it set a precedent for the subject property to be compared to. The Board is bound to approve the precedent but not the swimming pool that was being requested. Mrs. Readon stated that she sided with Mr. Basu on the issue of privacy. She stated that they will put more greenery on the property to aid in increasing the privacy. She then stated that she wasn’t keen on the swimming pool but felt that it would fit in with the other standpoints. Mr. Basu stated that he didn’t want to see this pattern of development going down the street. The subject area is nicely developed as a well-established single-family area, to which Mrs. Readon agreed. Mr. Miller stated that it was interesting that there was objection from residents who were living in a residential project that was very similar to the one that was proposed. He then stated that he was in support of the project. Mr. Miller then asked the Board and City staff how they should vote on the three (3) variances. 49 4 With no further discussion, the Board made a motion on the item. Motion: Mr. Basu moved to approve PB-22-014 as is with staff’s recommendation. The motion was seconded by Mr. Miller. Vote: Yes 4, No 0 (None) Mrs. Readon: Yes Mr. Basu: Yes Mr. Jacobs: Yes Mr. Miller: Yes The motion to approve PB-22-014 was unanimously approved by the Board. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. New Business Section There was no New Business. The Chairperson closed the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of September 13, 2022: Motion: Mrs. Readon moved to approve the meeting minutes with corrections. The motion was seconded by Mr. Miller. Vote: Yes 3, No 0 (None), Abstained 1 (Jacobs) Mrs. Readon: Yes Mr. Jacobs: Abstained Mr. Basu: Yes Mr. Miller: Yes The motion to approve the meeting minutes was approved by the Board. VII. Future Meeting Date: December 13, 2022 VIII. Adjournment The meeting was adjourned at 8:42 P.M. 50 51 llL Ck -2 LID -00 i~ -z L □1 -D9 BLOD I( -e L.[[1' -10 Bi.CltlC -2 \ \ \ \ \ rJ P • J/e" _J ~q ]JJ,>_ , 90-00'0D''w ABBREVIATIONS ,AND LEGEND PL. = PROPERTY LINE CD) = DEED -•. M. SW7~ST ~ I 5r:/ Pl/el.JC RIG'1T-OF.WAY) -33' l~ ~ F.F.E. = FLOOR FINISH ELEVATIDN F.I.P.= FOUND IRON PIPE <M> = MEASURED CDNC . = CONCRETE <R> = RECORD BLDG. = BUILDJNG ND ID.= ND IDENTIFICATION NUMBT'R = C.B.S. \./ALL N.T.S.= NOT TD SCALE X CLF = CHAIN LINK FENCE R/w' = RIGHT OF \.JAY M FH = FIRE HYDRANT PG. = PAGE SEC . = SECTIDN E-----GYA = GUY ANCHOR R, = RADIUS OHL = OVERHEAD ELECTRIC LINE (i;. = CENTER LINE (Bl ---MAILBOX P .B. = PLM-BIJO -..K~;::;;;::;;;::;;;::;;~~;;;;::~~~ B.C. = BLOC KL:ORJ\1 1-UP UTJLITY POLE ID. = IDENTIFICATIDN r;:zJ =\JATER METER VALVE <C> = CALCULATED -nP • u-c~ CNo ·1.11 ,) TREE LEGEND "l'!!:C Pl)MIITT f (!~ * CommOf\ Nome 1 CUIMID LIIM!O I 13 2 GUMBO LIMBO , ,. 3 Q,J IIB"O~Q'" ,-----,.-. SAB,tr,L PALM I 16 • OAK 1 20 • CUl.680 LIi.iSO 1 1B ? GUM80 LIMBO 1 1B • o•• 1 12 Height (feel) 20 25 ~ 10 JO 35 JS 25 5 .E COi;:,r,J ER. sw¾ NI\,¼ N~ 5=,3G-54-40 Cflr:opy 'a[[ Common Nome Clo,t,tt...-,I BotGnical Nome UAUtrr (IHI) 15 ' OAK 1 20 10 OAK I 1il II BR~ILIAN PEPPER 1 10 12 OAK I 20 13 GIJl;IBO LIMBO • ,. :,: 16 OBH Height [inc.1w<ll) (leol) 36 35 1B 35 8 20 16 25 36 25 Canopy Diameter (feel) JS ,. 15 15 20 LEGAL DESCRIPTION; LOCATION MAP NTS LOT 12 AND THE EAST 4.5 FEET OF LOT 11 BLOCK 2, LARKIN PINES , according to the Plat thereof, as recorded in Plat Book 24, at Page 20, of the Public Records of MIAMI DADE County, Florida. SURVEYOR'S NOTES; 1) The above captioned Property was surveyed and described based on the above Legal Description: Provided by Client. 2) The lands shown hereon were not abstracted for easements or other recorded encumbrances not shown on the plat and the same, if any may not be shown on this section . 3) Bearings shown hereon are based on an assumed Meridian and referenced on the CENTER LINE OF SW 76TH ST, Bearing S 90°00'00" W 4) Ownership subject to opinion of the Title. 5) Underground utilities are not depicted hereon . 6) Underground portions of Footings, Foundations or other improvements were not located. 7) Zoning and Setbacks are not verified by this survey. 8) Fence ownership not determined by this survey. 9) Flood Elevation Information: Community. CITY OF SOUTH MIAMI 120658. FIRM Panel: 12086C0458L Flood Zone: X Date of FIRM: 09/11/2009 Suffix: L Base Flood Elevation: N/ A 10) Elevation shown hereon ore relative to the 1929 (N.G.V.D.29) of mean sea level and are based on a Benchmark supplied by the engineering department of MIAMI DADE COUNTY, FLORIDA. Benchmark used; SC -50 Elevation 9.31' (N.G.V.D.29) 11) The minimum relative distance accuracy for thi~ type of Survey is 1 foot in 7,500 feet. The accuracy obtained by measurement and calculation of closed geometric figures was found to exceed this requirement. Well-identified features as depicted on the Survey Map were measured to an estimated horizontal positional accurecy of 1/10 foot. 12) Dimensions indicated hereon are field measured by electronic measurement, unless otherwise noted. 13) Roof overhang not located unless otherwise shown. 14) Underground improvements and/or underground encroachments not shown unless otherwise indicated. ENCROACHMENT NOTES: THERE APPEARS TO BE AN ENCROACHMENT OF THE NORTH WALL IN TO LOTS 7 AND 6 CERJIEICATE NOTE; I hereby certify that the BOUNDARY AND TREE SURVEY hereon was completed under my direction on -FEBRUARY 1, 2022 and that said survey is true and correct-to the best of my knowledge and belief.I further certify that this survey meets the STANDARDS OF PRACTICE set forth by the FLORIDA BOARD OF SURVEYORS AND MAPPERS in Chapter SJ-17.051, Florida Administrative Code pursuant to Section 472.027 Florida State Statutes. CERTIF'IED TO· I 1-B&B Capital Management Date of Field Work: 12/21/2021 GRAPHIC SCALE 0 20 4 ~71111 11111 IIL• I I ( ~-4==-= 1 inch= 20 ft. 0 LE\IEL lECH SUR\IEYORS, LLC ' C, PROF'E ssfONA L SU RVE:YOR /IND MAPPER IJo 6473 STATE DF FI.ORiDA [I]' II w z z j a. 0 z <t ..J [I] Cl'. D LEVEL-TECH ~ SURVEYORS,. LI£..-,fr 777 NW 72ND AVENUE , :J SUITE 3002, [I] MIAMI FL, 33126. 0 TEL :3 □ 5.261 .B483 Z LB# 71 54 j RAV INGS ARE THE PR OPE RTY F LEV EL -TECH SURVEYORS C, AND MA Y NOT BE USEJJ BY LTE:N T ON OTH ER PROJ ECTS X OEP T B Y AGREEME NT IN RI TING A N D \.llTH TH PPR □F>RlA lt COM PENSA TION Ta EVEL -"T l:CH SU RVEl'ORS, L L C ,=. u w -, CJ 8: "-CJ w !/:: ... A z "' ~ "' z SCALE• DAm >-lLl ~ =:) cS) 1-z lLl 2 lLl > ~ Q_ 2 E d ::E: s::: -P :::s 0 w (/) z ~ I-~ (/) 1-- :r: !z: r ~ ~ <,[) u w r,... /5 1· 20' l'.l <C z <C l: _J <[ I- ii: <I: tJ Oii'/01/2022 G.V f1ElD BD[J)(, J D 22-0 4 -9%5 PROJECT No • LT 22-01-9965 SHEET, 1 OF l SHEETS ---------_-_-_-_-_-_-_-_-_-_-_------------------------.:~~~~~~:::::::--------------------_-_-_-_-_-_-_-_-_-_-_-_-_-_-----------------_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-~-------.. __________ .. SW 76TH ST(50' PUBLIC RIGHT OF WAY)(33' ASPHALT PAVEMENT)1358621094711Lot 11 Block 2Lot 07 Block 2Lot 06 Block 2Lot 13 Block 22 STORYDUPLEXDRIVEWAYAPPROACHDRIVEWAYAPPROACH20'-0" PROP. SETBACK 5'-0" PROPOSED SIDE SETBACK(BY VARIANCE)20'-0" REQ'D REAR SETBACK25'-0" REQ'D FRONT SETBACK5'-0" REQUESTED SIDE SETBACK (VIA VARIANCE)10'-0"10'-0"10'-0"10'-0"PROPERTY LINE (NORTH) 52.03'PROPERTY LINE (SOUTH) 52.03'PROPERTY LINE (EAST) 150.01' PROPERTY LINE (WEST) 150.01'12'-0"12'-0"5'-0"AVG C.O.R9.68' NGVDCLCL5'-0"5'-0"5'-0"WM5'-0'' CONC. WALKWAY5'-0" 25'-0" PROPOSED FRONT SETBACK10'X10' VISIBILITY TRIANGLELANDSCAPING IN TRIANGLEOF VISIBILITY SHALL BEUNOBSTRUCTED BETWEEN3'-0'' & 6'-0'' HEIGHT6''6''6''6''SLOPE.SLOPE.LANDSCAPE10'X10' VISIBILITY TRIANGLELANDSCAPING IN TRIANGLEOF VISIBILITY SHALL BEUNOBSTRUCTED BETWEEN3'-0'' & 6'-0'' HEIGHT6' MAX.HEIGHTALUM. FENCE(8" HT KNEE WALL)LANDSCAPE LANDSCAPE COVEREDTERRACECOVEREDTERRACE SWIMMING POOL(UNDER SEPARATEPERMIT) SWIMMING POOL(UNDER SEPARATEPERMIT)4''4''10'-0" REQ'D REAR POOL SETBACK10'-0" REQ'D SIDE POOL SETBACK 10'-0" REQ'D SIDE POOL SETBACK 4'-7"2'-0"15'-0"4'-7"15'-0"SLOPE. SLOPE. SLOPE. SLOPE.PORCHPORCH10'-0"PROP. POOLSETBACK11'-2"PROP. POOLSETBACK10'-0" PROP. REAR POOL SETBACK 11'- 4'' PARKWAY25'-0" R.O.W. 25'-0" R.O.W. 11'-4"5'-0'' CONC. WALKWAY11'- 4'' PARKWAY5'-0"11'-4"8' HEIGHTPRIVACY CMUWALL6' MAX.HEIGHTALUM. FENCE(8" HT KNEE WALL)WMPOOL EQUIPMENTSLOPE.SLOPE.F.F.E=10.68' NGVDGARAGEGARAGELANDSCAPELANDSCAPE5'-0" REQUESTED SIDE SETBACK (VIA VARIANCE)5'-0" PROPOSED SIDE SETBACK(BY VARIANCE)DRIVEWAYDRIVEWAYLANDSCAPELANDSCAPE 6' MAX.HEIGHTALUM. FENCE(8" HT KNEE WALL)REARFRONTLOT COVERAGE1.CONTROL AMOUNT OF DUST RESULTING FROM CONSTRUCTION OR DEMOLITION TO PREVENT SPREAD OFDUST TO OTHER BUILDINGS AND TO AVOID CREATION OF A NUISANCE IN SURROUNDING AREAS.USE OFWATER TO CONTROL DUST WILL NOT BE ALLOWED WHEN IT WILL RESULT IN, OR CREATE HAZARDOUS OROBJECTIONABLE CONDITIONS SUCH AS FLOODING.2.TRAFFIC MAINTENANCE: CONDUCT REMOVAL OPERATIONS TO MAINTAIN TRAFFIC ALONG EXISTING STREETSAND WALKS. KEEP PAVED STREETS AND WALKWAYS FREE OF DEBRIS. REMOVE MATERIAL AND OTHERMATTER TRACKED OR FALLEN ONTO TRAFFIC SURFACES.3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL CONSTRUCTION MATERIALS INCLUIDING DEBRIS ANDDUST, AND DISPOSE OF LEGALLY OFF SITE. USE METHODS APPROVED BY A/E BEFORE BEGINING CLEANUPOPERATIONS.USE OF BLOWERS TO DISTRIBUTE DUST IS NOT ALLOWED.ENVIROMENTAL PROTECTIONDETAILED SCOPE OF WORKZONING LEGENDINTERIOR SIDE (EAST)APPLICABLE CODES2021 7th EDITION OF THE FLORIDA BUILDING CODEPRINCIPAL BUILDINGSET BACKSMAX STORIESSITE GENERAL NOTES1. PROVIDE LANDSCAPING ON THE SITE TO MEET SOUTH MIAMI LANDSCAPE ORDINANCE REQUIREMENT. SEELANDSCAPE PLAN.2. CLEAR AND GRUB ALL PREMISES OF PLANT MATERIAL, ROOTS, STONES AND PREVIOUS FILL NOT COMPACTEDAS PER CODE.3. CHEMICALS UNDER SLAB SHALL BE APPLIED AFTER FILL IS TAMPED AND ROUGH PLUMBING INSTALLED. CHEMICALS SHALL BE APPLIED NOT MORE THAN 24 HOURS. UNDER SEPARATE PERMIT.4. PROVIDE AN IRRIGATION SYSTEM TO BE OPERATED WITH A TIMER AND TO COVER ALL LANDSCAPED AREAS,OR HOSE BIBBS AT TO HAVE ALL TREES AND SHRUBS WITHIN 75 FT. OF HOSE BIBBS.5. NOTHING SHALL BE ERECTED, LOCATED OR PLANTED TO GROW AND NO VEHICLE SHALL BE PARKED WHICHMATERIALLY IMPEDES VISION BETWEEN A HEIGHT OF A TREE (3) FEET AND SIX (6) FEET WITHIN THE AREABOUNDED BY THE TRIANGLE OF VISIBILITY.6. DIG ALL EXCAVATIONS FOR CONTINUOS WALL FOUNDATIONS WITH SQUARE CORNERS, LEVEL BOTTOMS ANDDIMENSIONS SHOWN ON PLANS. FORMS MAY BE REQUIRED WHEN EXCAVATIONS ARE NOT CLEAN-CUT ANDSTABLE. REMOVEROOTS PROTRUDING INTO THE AREA TO BE POURED.7. PROVIDE 8'x8' PROTECTION BARRIER FOR TREES LESS THAN 18" IN DIAMETER AND 12'x12' PROTECTIONBARRIER FOR TREES 18" IN DIAMETER AND GREATER.TERMITE PROTECTION NOTEBUILDING (S) SHALL HAVE PRE-CONSTRUCTION TREATMENT PROTECTION AGAINST SUBTERRANEAN TERMITESIN ACCORDANCE WITH THE RULES AND LAWS ESTABLISHED BY"FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES". A "CERTIFICATE OF COMPLIANCE" SHALLBE ISSUED TO THE BUILDING DEPARTMENT BY THE LICENSED PEST CONTROL COMPANY PERFORMING THETREATMENT.POOL BARRIER NOTESALL BUILDINGS AND DOORS, CHAIN LINK FENCE OR PRIVACY WALL (48" MIN. ABOVE GRADE) WTHIN POOLPERIMETER SHALL COMPLY WITH ONE OF THE FOLLOWING (PER FBC R4101.17.1):A. GATES MUST HAVE SELF-COLSING, SELF-LATCHING W/ POSITIVE MECHANICAL LATCHING/LOCKING DEVICEINSTALLED A MINIMUM 54" ABOVE THE THRESHOLD. MAX. SIZE OF OPENING AT ANY LOCATION SHALL BE 4"B. IF "A" IS NOT POSSIBLE, INSTALL AN AUDIBLE EXIT ALARM COMPLYING W/ UL 2017 - MINIMUM SOUNDPRESSURE RATING OF 85 dB A AT 10 FT.). PLUG-IN TYPESTORM WATER RETENTION NOTESWHEREVER GRADING IS REQUIRED, CONTRACTOR SHALL GRADE AS TO DIRECT SHEER FLOW TO THE INTERIOROF THE LOT. NO WATER RUN-OFF SHALL BE DISCHARGED TO ADJACENT PROPERTIES1. EXISTING (1 STORY) RESIDENCE TO BE 100 % DEMOLISHED (UNDERSEPARATE PERMIT)2. PROPOSED (2 STORY) DUPLEX RESIDENCE + ROOF TERRACE .4. PROPOSED SWIMMING POOL (UNDER SEPARATE PERMIT).5. SITE IMPROVEMENTS, LANDSCAPE , HARDSCAPE AND FENCING25-0"12'-6"20'-0"12'-6"REQUIREDPROPOSEDMAX. LOT COVERAGEALLOWEDPROPOSED LOT COVERAGELOT COVERAGE PRINCIPAL TWO- STORY STRUCTURE60 % OF LOT AREA4,680 SF (MAXIMUM )5'- 0" (BY VARIANCE)20'- 0"25'- 0"0.17 ACN/ASITE DESCRIPTIONBASE FLOOD ELEVATIONZONING DISTRICTRM-18RESIDENTIAL MODIFIED RESIDENCEFEMA ZONE X FLOOD ZONELOT WIDTHLOT DEPTHNET LOT AREA52.03' (NON-CONFORMING)150'7,800 SF (NON-CONFORMING)30 FT MAX ALLOWED2 STORIES MAX ALLOWEDPROPOSED 30 FT MAXMAX. BUILDING HEIGHTINTERIOR SIDE (WEST)PROPOSED. 2 STORIESMAX. DENSITY(UNIT/ACRE)18 UNITS /1 ACRE =MAX. DENSITY3 UNITS / 0.17 ACREMAX.DENSITYPROPOSED. UNITS2 UNITS / 0.17 ACREREARINTERIOR SIDE EAST SWIMMING POOLSET BACKS10'-0"10'-0"REQUIREDPROPOSED11'- 2"10'- 0"INTERIOR SIDE WEST 10'-0"10'- 0"MAX.IMPERVIOUSCOVERAGE4,680 SF (60% OF THE LOT AREA)MAX. IMPERVIOUS COVERAGE5,450 SF (70% OF THE LOT AREA)MAX. IMPERVIOUS COVERAGEPROPOSED. IMPERVIOUS COVERAGE53% OF LOT AREA4,174 SF10% INCREASE (BY VARIANCE)5'- 0" (BY VARIANCE)PROPERTY INFORMATIONOWNER: HERBERT A WERTHEIM & W NICOLE JPROPERTY ADDRESS : 6021 SW 76ST, South Miami, FL 33143-5019LEGAL DESCRIPTION:MAP OF LARKINS PINES PB 24-20LOT 12 & E 4.5 FT M/L OF LOT 11BLK 2, LOT SIZE 7805 SQUARE FEET 73R34629AERIAL VIEWYEAR BUILT:MULTIPLE (1951-1955)CONSTRUCTION:1-STORY RESIDENCE-CBS, WOOD FRAME ROOFZONING:RM-18 LOW DENSITY MULTI-FAMILY RESIDENTIALPROPERTY FOLIO: 09-4036-027-0160SITEPLPLPL PLSITEPLPLPL PL ACEBDLEGENDPROPERTY LINEREQUIRED SETBACKREQUIRED POOL SETBACK1SITE PLANSCALE: 3/32"=1'-0"SITE PLAN A101NORTH© 2021 THE DESIGN AND DRAWINGS FOR THIS PROJECT ARE SOLE PROPERTYOF THIS ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACT.JUAN FARACH ARCHITECTS-PLANNERS COPYRIGHT © 2021 ALL RIGHTS RESERVEDDRAWINGNUMBER12345ABC12345ISSUE DATE:PERMIT SETREVDESCRIPTIONDATEARCHITECTS &PLANNERSfarachra@bellsouth.netT 305.551.962114734 SW 50th TERRACE. MIAMI, FL. 33185BCAAOR: JUAN FARACH. AR0006930VILLA ESPRESSO6021 SW 76 ST , SOUTH MIAMI, FL.33143PROJECT # 2118DRAWING NAME:PROJECT NAME:PROJECT TEAMSIGNATURE / SEALARCHITECTUREadonis@morejonarchitecture.comT 786.613.3798DESIGN GROUP1225 NE 124th Street. MIAMI, FL. 33161vanessa.villamil@outlook.comT 786.956.893452 53 MIAMI -DADE STATE OF FLOR IDA COUNTY OF M IAMI-DADE : Before the undersigned authority personally appeared GUILLERMO GARCIA , who on oath says that he or she Is the DIRECTOR OF OPERAT IONS , Legal Notices of the Miam i Daily Bus iness Re'li ew tll<Ja lltliami Review, of Miami -Dade County , Florida ; that the attached copy of advertisemen t, be ing a Lega l Advertisement of Notice in the matter of CITY OF SOUTH MIAMI· PUBLIC HEAR INGS -JAN . 17 . 2023 in the XXXX Court , was publ ished in a newspa per by print in the issu e~ of Miami Daily Business Review f/k/a Mia mi Review on 01/06/2023 Affiant further says that the newspaper comp lies with all legal for publication in chapter 50, Flor ida Swor and subscribed befo re me this 6 day of JANUARY , A.D , 2023 GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI, FLOlllDA CITY COMMISSION . NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital bus iness during the COVID :J9 pandemic and, at the same lime, to protect the health , safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live In chambers and VIRTUALLY through communications media technology (CMl) until the state of emergency has ended or social distancing is no longer required b_y any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platfonn and members of the public may join the meeting via Zoom at https://zoom.us[j/3056636338) and participate. At a min imum, at least three members of the City Comm ission will be physically present i n the City Commission Chambers 1 and they will be broadcast on the Zoom platfonm along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chamb ers and tram other locations. 54 .. Ci-\-~ oF South MaC\m ·1 Puvl,·c HeCtr'in-9 The meeting Is scheduled to begin on Tuesda Janua 17 to consider the following public heari ng ltem(s): A Resolution relating to a Vari anc e applic ati on to increase the maximum Impervio us covera ge req uirement for e new two-family residential dwefllng located at 6021 SW 76 Street. A Resolution relating to a Variance application to reduce the mfnlmum east and west slde Interior setback requirement for a new two-family residential dwelling located at 6021 SW 76 Street If you desire to present evidence or you are unable to use Zoom, there are procedures to fo11ow and other options avallable Including a dedicated phone fine to li sten and participate in the meeting and limited public attendance, all of which Is set forth In the meeting notice posted at City Hall and at htt ://www.southml amlfl . ov 680/Py_blfc-Mee · !QS•fiot[ges. Anyone who wishes to review pending application, supporting documentation or who desi1'8 to have documents made available for viewing by everyone duri ng the meeting must contact the City Clerk by calling 305--663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter co nsidered at its meeting or hearing, a record of the proceedings will be required for said appea l and such person wlll be required to have a verbatim transcript of the proceedings Including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to re- quest an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before I the meeting (not counting the day of the meeting) deliver your request to 'the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami Florida or emali at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM C,tyCI 1 The minimum "stanpards for adopling a resolution or enacting an ordlnance are set forth in 166.041(4) ... A majority of the members of the governing body shall constitute a quorum . An affirmative vote of a majority of a quorum present is necessary to enact any ord inance or adopt any resolution. m 1/6 ___ 23-82/0000639911 M SUNDAY JANUARY82023 NEIGHBORS ...................................................................................................19SE A Florida Department of Health administrative complaint filed against Dr.Fernando Lora says a Coral Gables Hospital patient’s appen- dix burst after Lora went in to take it out and took out fat. This administrative complaint,filed Dec.19, was the second in 28 days filed against Lora,a licensed doctor in Florida since Feb.21,1985. The earlier complaint concerned myriad prob- lems at Miami Surgical Center,where Lora was the designated physician, the person responsible for making sure the office plastic surgery center complied with the state standards inspectors found it flouting. Administrative com- plaints start the process toward possible discipline by the state. Lora’s Florida Depart- ment of Health online profile also claims board certification from the American Board of Sur- gery,although a certifica- tion check shows that Lora’s board certification ran out 32 years and six months ago,on July 1, 1990.His current status is “not certified.” The December com- plaint concerns what happened after a woman the complaint identifies as “S.G.”showed up at Coral Gables Hospital on May 18,2019,with “se- vere abdominal pain.” The complaint said a CT scan revealed an inflamed appendix and Lora went in for an appendectomy. “[Lora]performed an appendectomy,but failed to remove S.G.’s appendix and instead removed an inflamed appendix epi- loia,”the complaint said. “Epiploic appendices are pedunculated, serosa-covered accumulations of adipose tissue seen on the lateral aspects of the colon,” write Robert Petras and Wendy Frankel in 2009’s Modern Surgical Patholo- gy (second edition). Adipose tissue is,in simplest terms,body fat. The complaint said after S.G.was discharged from Coral Gables Hospital on May 23,2019,she came back later that day with ab- dominal pain and the doctor treating her “determined she had suffered a ruptured ap- pendix.” David J.Neal: 305-376-3559, @DavidJNeal FLORIDA DEPARTMENT OF HEALTH A Coral Gables doctor we nt in for an appendix but remove d only fat,state complaint says BY DAVID J.NEAL dneal@miamiherald.com Paddle boards are sup- posed to hold you up — not pose a threat of drowning.That’s why Surf 9 recalled about 20,300 Body Glove Tandem and ULI inflatable paddle boards and supyaks sold exclusively at Costco warehouses across the United States and Canada. As the U.S.Consumer Product Safety Commis- sion report states,“The glue on the inflatable paddle boards can separate at the seams and the paddle boards can deflate unexpectedly, posing a drowning ha- zard.” Surf 9 knows of three Body Glove boards deflat- ing,but no injuries. This involves Body Glove Tandem Inflatable Stand Up Paddle Boards; ULI Inventor Inflatable Paddle Boards;ULI Zet- tian Inflatable Supyaks; and ULI Lila Inflatable Supyaks. Surf 9,a company based in Bonita Springs,Florida, is eating the cost on this and offering refunds. Return the paddle boards or supyaks to Costco or contact Surf 9 for refund instructions at 866-696- 92 57,Monday through Friday,9 a.m.to 6 p.m. Eastern time,or by email- ing recall@surf9.com. David J.Neal: 305-376-3559, @DavidJNeal PRODUCT RECALL More than 20,0 00 paddle boards sold at Costco recalled: They might cause drownings BY DAVID J.NEAL dneal@miamiherald.com U.S.Consumer Product Safety Commission Body Glove Tandem Inflatable Two-Person Paddle Boards 55