5830 SW 70 ST_PB-65-18 f ; r
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CITY OF SOUTH MIAMI
ADVISORY PLANNING AND ZONING BOARD
NOTICE OF PUBLIC HEARING
Hearing: 165-18
Date: June 29, 1965
Time: 8:00 P.M.
Applicant: Rohan Associates, Inc.
Request: Appeal from administrative decision classifying automobile paint
shop as a service shop and variance to off-street parking to
permit 8,368 sq. ft. commercial building with 9 parking spaces.
(28 spaces required)
Subject Property: A portion of SA of Section 25.54-40
Location: Approx. 5830 SW 70 Street
PLANNING AND ZONING BOARD
PUBLIC HEARING WILL BE HELD IN THE CITY HALL COUNCIL CHAMBERS, 6130 SUNSET DRIVE, SOUTH
MIAMI FLORIDA, ON THE ABOVE DATE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND THE MEETING. OBJECTIONS OR APPROVAL MAY BE
MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO THE HEARING DATE$ GIVING NUMBER
OF HEARING. IT IS RECOMMENDED THAT SAME BE MAILED AT LEAST THREE DAYS (EXCLUDING SATUR-
DAYS AND SUNDAYS) BEFORE THE HEARING DATE. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO
THE CITY COUNCIL WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST OF THE AREA INVOLVED.
THE BOARD'S DECISION WILL BE POSTED ON THE BULLETIN BOARD IN THE OFFICE OF THE BUILDING AND
ZONING DEPARTMENT; IN ADDITION, .INTERESTED PARTIES MAY CALL THE CITY ZONING INSPECTOR'S
OFFICE FOR THE BOARD'S DECISION - MO 7-5691= REFER TO HEARING NUMBER WHEN MAKING
INQUIRY. AN APPEAL OF THE BOARD'S RECOMMENDATION MAY BE MADE TO THE CITY COUNCIL AT THE
COUNCIL MEETING THE WEEK FOLLOWING BOARD MEETING.
THE PLANNING AND ZONING BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY
COUNCIL FOR ACTION IN THE CITY HALL COUNCIL CHAMBERS) 6130 SUNSET DRIVE, SOUTH MIAMI$ FLORIDA
JACK STANTON, CHAT R MAN
' / CITY OF SOUTH MIAMI
SPLANNING AND ZONING BOARD
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RECOMMENDATION OF THE
PLANNING AND ZONING BOARD
UNDER THE ZONING ORDINANCE OF THE CITY OF SOUTH MIAMI, THE BOARD CONSISTS
OF ELEVEN APPOINTED MEMBERS INCLUDING THE CHAIRMAN AND VICE-CHAIRMAN.
ALL MEETINGS OF THE BOARD SHALL BE OPEN TO THE PUBLIC, AND SIX MEMBERS
SHALL CONSTITUTE A QUORUM. UNDER SEC. 20-53, ALL HEARINGS ON APPLICATIONS
SHALL BE OPEN TO THE PUBLIC BUT VOTING SHALL BE DONE IN PRIVATE EXECUTIVE
SESSION, PROVIDED THE MINUTES OF THE SESSION SHOW THE DECISION OF THE BOARD.
A MAJORITY VOTE OF THIS BOARD SHALL BE REQUIRED ON ALL RECOMMENDATIONS MADE
TO THE CITY COUNCIL.
PERMITS, CERTLFICATES OF USE NO PERMITS OR CERTIFICATES OF USE
AND OCCUPANCY AND OCCUPANCY WILL BE ISSUED UNTIL
A FINAL DISPOSITION HAS BEEN MADE
ON THE ENTIRE APPLICATION BY THE
CITY COUNCIL. +
PROCEDURE ` FROM TIME OF INITI AL 'APP LICATION,
PROCEDURE TAKES APPROXIMATELY 30
DAYS. SIGNS ARE POSTED FOR A
MINIMUM OF 15 DAYS ON THE SUBJECT
PROPERTY, AND NOTICES ARE MAILED
OUT TO PROPERTY OWNERS WITHIN A
MINIMUM 3001 RADIUS OF THE SUBJECT
PROPERTY.
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L 23 24 Sa.liy ;M. Hughes 5$81 :Comuielx a Vane'
L 25,46 -Co. . Lehman. 6310 S. Di:xit -ay.
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SECTION 25-54=4n
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•Rohan Associates . , Inc. P. O. BOX 3098
MIAMI, FLORIDA 33169
TELEPHONES:
MIAMI - 624-8471
FT. LAUDERDALE - 927-2871
June 3, 1965
City of South Miami
Zoning Department
61.30 Sunset Drive
South Miami 43, Florida
Attention: Mr. Roland Eastwood
Re: Enclosed application for a variance of parking requirements
in the name of Rohan Associates, Inc,
Gentlemen:
Please be advised that this corporation would appreciate your handling
the processing of the enclosed application. We understand that this
matter should be heard on June Z9th, 1965. If this application.is not in
proper order, I would appreciate A,if you would contact me at the above
telephone number. This request for variance in reference to parking re-
quirements on this particular site is brought about by the fact that the
proposed use for this property has been deemed to be retail business by
your Department, and as you related to me this would require approxi-
mately twenty-eight parking spaces based upon a proposed building size
as indicated on the enclosed blueprints. The plans as submitted and en-
closed herewith provide spaces for parking nine cars on the site.
I understand that if this particular enterprise could be considered an.in-
dustrial use rather than retail business, the indicated parking would be
sufficient, but since it is considered as a retail business use'in an in-
dustrial zone, this parking problem must be resolved. This, of course,
is the purpose of the enclosed application.
Our reasons for believing that this requested variance should be, are as
f ollows:
The proposed tenant for this building is an automobile and body shop con-
cern whose primary business consists of low cost automotive paint jobs
of all types of automobiles and such incidental body and fender work as
City of South Miami Zoning Dept.
Page -Z-
June 3, 1965
may be required in connection therewith. The particular company,
who is the proposed tenant of this building, presently has one instal-
lation in Dade County. I have had occasion to visit this existing shop.
The entire preparation and painting of the automobile is done within the
confines of the building. There is no work performed, as I understand
it, anywhere else. It is customary for customers to drive directly into
the building and to receive his estimate for the work he wishes done and
leave his car in the building if he elects to have this company perform
their services for him, and as I have previously stated, the work is done
within the confines of the building. Under these circumstances it would
not seem that on-site, off street parking would be required in any sense
for the retail trade who may frequent this place of business. While I
understand that your requirements are based upon normal retail business
use, I submit to you and to the Board that while this use may be retail in
nature, it is not in this particular instance of parking requirements in
the same category with most retail businesses.
We, as the owners of this property, appeal to your Department and to
your Planning and Zoning Board members to grant us this variance as
requested, and to permit us to make use of this property pursuant to the
plans as enclosed with this application.
Your consideration of this matter is greatly appreciated by myself and my
associates.
Very truly yours,
ROHAN ASSOCIATES, INC.
RCS/bf Robert C. Schwebke
enc. Secretary-Treasurer
The =xt item on the agendas waa the appointment of
Chris Phelan to the Personnel advisory board, and the follow-
ing resolution was presented and reads
RESOLUTION NO. 2079
RESOLUTION W CITY OF S ..o rH MIMI, FLCRIDA,
APPROVING AND RATIFYING APPOINTMENT By TEE
.MAYOR. OF CHRIS PHELAR TO SERVE AS A MHWR
OP THE PERSOEW.L ADVISOPY BOARD.
a vacancy can the Personnel Advisory Board h6A
been caused by the resignation ®f Frederick Cassidy, and
WWREM, the Mayor ha.e appointed CHRIS PHEW to .fill
said vacancy;
NOW, THEREPM8, BE IT RESOLVED BY CITY COUNCIL OF CITY
(W SOUTH MIAMI, FLORIDA:
t, the appointment ntment by the Mayor of CERIS PHELAN to
serve as a member of the Personnel Advisory Board for the
unexpired term of Frederick Cassidy is hereby approved and
ratified.. Said term to expire August 6, 1966, or whenever ,
a successor is appointed.
Councilman Bran, seconded by Council an Doyle, moved that
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the resolution be adopted as read and assigned the next number
by the City Clerk. Polled: Yes, 5, No, 0.
The next item on the agenda was the Planning and Zoning
Board's recomendation pan the application of Rchan Associates,
Inc. , and a resolution was read, ca ption .as follows:
RESOLUTION OF CITY OF SOUTH NIAKI, FLORIDA,
DENYING APPLICATION FOR VARZANCE AS TO OFF-
STREET PARKING REQUIREMENTS OF LAMS LOCATED
IN SEk OF SECTION 25. 54-40; SAID ADS BEING
FIFULLY DESCRIVED HBREIN.
Councilman Kline, seconded by Councilman Willis, moved
that the resolution be adopted as read and assigned the next
number by the City Clerk.
2 7-6-65/mc
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Present at this time was Mr. Robert Schwebke, Secretary-Treasurer
of Rohan Associates, who explained that the plans submitted to
the Planning and Zoning Board indicated 9 parking spaces for the
8,368 sq ft commercial building, to be used for automobile paint
shop. However, the parking spaces (28) required are for off-
street parking, and as this operation for painting cans would be
inside the building, with parking facilities for 20 cars, to-
gether with 9 off--street parking spaces on the outside of the
building, these should be no need for a variance. Air. Schwebke
also stated that the owner of the property had agreed to dedicate
20' on 70 Street when a portion of this sand was used for the
Busy Bee Car dash, and the owner is willing to dedicate for R/K
20` adjacent to this particular site. This would measure a total
of 459.828 along the entire SW 70 Street frontage of Rohan
Associotes, Inc, property.
The motion was then polled as follows: Yes, 2; No, 3 b
Councilmen Brau, Willis and Doyle.
Councilman Corley remarked that his "Yes" vote was in
agreement with the unanimous vote of the Planning and Zoning
Board, together with the requi.reatents of 3 spaces for the first
2500' and one space for each 50,0' thereafter. However, the fact
that the cars will be stared inside should have a bearing on the
application.
Mr. Stanton, chairman of the Planning and Zohi.ng Board
commented on the difference of the statements wade to the Planning
and Zoning Board and now being made to the Council. The question
of parking inside the building had been asked at the meeting of
the Planning and Zoning Board, and the answer given at that time
was they did not know. Air. Stanton resents applicants not being
properly prepared when they come before the Planning and Zoning
Board in order for said Board to properly evaluate the applica-
tion.
Councilman Brau said it is apparent that an interpretation
requiring 15 parking spaces is a reasonable interpretation, and
that within the Code we have the mechanics of providing that no
work is clone outside. It has been said that work is bdzig done
outside in that neighborhood and also derelict cars, which is all
true and the fault lies with Council because these matters have
not been enforced. The Code specifies that no work be done out-
side, that derelict cars be removed, and that parking only where
specified. The new evidence presented here has to be considered,
and therefore this request by the applicant should be granted.
3 7-6-65/mc
Councilman Corley, upon verification thaw the care would
be stored inside, changed his vote.
CounciLman Kline stated: that since the majority of the
Council feels a ftnial is not appropriate, he suggested that
rat het than granting t1w variance, tCcuncil consider a Special
Use Femait of gm-e type, so that It will go with the type of
business rather than with the bui,ledngd If .a variance is granted
for the building, it may in the future be changed to a. strictly
ccamraial building for which the parking requirements may not be
satisfactory.
City Attorney Hardie stated that if you have a change of
usage, the parking should be examined at that time before the
certificate of occupancy is issued for a new usage. If it is
the finding of the Council, at this time, that such a variance
its not n coded due to the parking provided inside of the anticipated
usage, a variance would possibly not be weeded, if the Zoning
Department worm,] give credence to the "fin.di.n.g°' of the Council.
After further discussion, CounciLma,n Doyle, a aconded by
Councilman Brau, moved that the Council finds that the required
number of parking spaces for the off-street parking requirements
for the anticipated uses of a, paint shop consists of M parking
spaces and furt her finds that upon the exhibiting to them of the
proposed plane that 9 of such parking spaces are provided outside
with the balance of 20 being provided inside in an area not to be
used for the spray sheds or enclosures nor any of. the working
area. Pe.Ylled°o Yee, 5 5 No, 0.
The next item on the agenda was the Planning and Zoning
Board's recd andation on the application of Adon C. Taft, and
the following re oluti,on was presented and read
RESOLUTION NON 2080
SOLUTION OF CITY OF SOWN MIAMI, FLORIDA,
C
sRANTING VARIANCE AS TO REAR SETBACK REQUIRE,
MENTS SO AS TO PERMIT COM. TRUCTION OF A RESIDEME
Wr 1, BLOCK 3, TRANQUILITY ESTATES
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AcIrcus.
5801 S. W. 70TH ST. SOUTH MIAMI, FLORIDA 33143
AT DIXIE HIGHWAY PHONE: 667-8843
Authorized Sales & Service f�`
Gravely Tractors
31 Attachments
June 21, 1965
Hearing: #65-18
Applicant : Rohan Associates, Inc.
Mr. Jack Stanton, Chairman
Planning and Zoning Board
City of South Miami
South Miami, Florida
Dear Sir:
In reference to Rohan Associates, Inc. application for
variance on. parking at 5830 S . W. 70th Street, We feel
that if city requirement of twenty-eight parking spaces
is met, they will still be short of parking space,£for
this type of business . Our 'information is that there will
be fifteen employees and that will take half of city's
required parking space .
Sincerely,
GRES AM TOY, INC.
A. G. Gresham, ;;, Presiden.t
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AMICATION FOR PUBLIC 11FAR'DIG (to be filed in duplicate)
This application must be completed and returned, with all required supporting
data to the office of the South Miami Zoning Department before proceedings may
be started for a Public Hearing. All information must be complete and accepted
by the South Miami Zoning Department on or before June 8, 1965
$h order to be heard at the June 29, 1965 hearing.
1. Name of Applicant (Please Print) Rohan Associates, Inc.
2. Post Office Address of Applicant P. O. Box 3098,
City Miami 69 State Florida Phone No. 624-8471
3. Legal Description of Property covered by application
SEE ATTACHED SURVEY FOR LEGAL DESCRIPTION
4. Size of area covered by application Triangular - 198' x 214' x 300' t
S. (a) Ownership of property obtained - day of January 1964
i.
(b) Is propetty under Option or Contract for MMM sale? Yes
(C) Owners name and address same as applicant
(d) Mortgagees name and address
6. If applicant is not owner, is letter of authority from owner attached?
7. Present Zone Classification M-1 Change Requested see Item #8
8. Uses desired which are -not permitted by existing regulations Variance of
off street parking requirements.
9: Name and Official Widths of abutting R/Ws 50' - S. W. 70th Street
10. Additional dedications proposed as required
11. What structures are now located on property? none
12, The following supporting data is required to complete this application
(This Data Becomes A Part of the Permanent Record of This Hearing and Will
Not Be Returned);
X Plot Plan of Proposed Layout. (Show dimensions)
X Certified Survey of Subject Property.
X Floor Plan of Structure under consideration. (Show dimensions)
X Plans of Structure to be erected.
( see letter attached)
X/ Statement of reasons or conditions justifying the requested change.
(Other)
X Hearing Fee of 00.00 in cash or check payable to CITY OF SOUTH MIAMI.
The undersigned has read this completed application and represents the answers
to the questions in the application and all supporting data furnished are true
and correct to the best of his knowledge and belief.
ROHAN SOCIATES, INC.
�S (Signature
2