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6230 SW 70 ST_PB-04-011 I i ® CITY OF SOUTH MIAMI O NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, September 21, 2004 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive., to consider the following described resolution. i A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO ,PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH, STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE ,LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. i Inquiries concerning this item should be directed to the Building, Zoning & Community Development Department at: 663-6326. ALL interested parties are invited.to attend and will be heard. f Maria M. Menendez City Clerk City of South Miami Pursuant to Florida Statutes,286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings,and that for such purpose,affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. i i ' s o Ur South Miami °4 �r AlMmnericaCity INCORPORATED IVA � 1927 � � ORV0 2001 I CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor& Date: September 7,2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager 6230 SW 701h Street RESOLUTION A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Dr. Arthur Colsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in aq!JA*j&L isolated"RO"Residential Office Zoning Use District. The City Commission at its August 3, 2004 meeting deferred ac/' contained,below the request. The staff was requested'to provide a more detailed history of the prs Comprehensive Plan land use category assignment and zoning. That information .ima new sec tion entitled Zoning History. atfhe City Commission August 17, 2004 meeting a se granted a deferral of the item until the next Commission meeting... APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-4.4(B) "Parking Requirements" • Land Development Code Section 20-4.4 (17)(3) "Location/Ownership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6.1(B)(3)(h) "Planning Board Duty" i i t i (2) I ZONING HISTORY In 1982, as part of,an overall updating to the Comprehensive Plan sponsored by the City, the future land use category covering this property was changed from Public/ Semi- Public to Office. In 1988, as part of the preparation of a new Comprehensive Plan, the City re-designated the subject property with the future land use category: Residential Office. The zoning classification remained RM-24, High Density Residential. In order to use the existing single family residence as a real estate office and to make the property conformi to the new Comprehensive Plan future land use category the owne5 Mr. Robert Strickland, filed an application to change the o 4c-zoning district from RM-24 to RO, Residential Office. The City Commission,,at its July 8, 1988 meetinga granted approval of the request. The issues related to preserving trees and parking spaces were discussed prior to approving the zone change request. In December 1988,the applicant applied for a series of variances in order to permit use of the building as an office. Theses variances included waiving of parking requirements, variances needed: due to the specific site plan submitted at that time, and variances needed to waive requirements in the Code which are no longer applicable. The variances were recommended for denial by the Planning Board. The City Commission at its January 3, 1989 meeting denied all of the variances requested. BACKGROUND (1) The subject property is a single family residential building which is a legal non- conforming structure (dimensions are substandard). The property may continue to be used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. w,UA (2) The property,is located on a narrow street with opposing one way trafficAorth of the property (R$-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM-24) is an apartment building and a tennis court. (3) The parking I variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for Gonuaor offices. The;type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure, (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dentalior other health related uses would not be able to locate in this building due to a higher number of spaces required. i r I i (3) The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required ap rkin sg_pace. The configuration,of the site and the location of the structure will require parkin '"/`�'� spaces to be placed in the front yard including the front setback area$, is allowed in all but one zoning district. The RO zoning district does not permit required parking ;to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS/RECOMMENDATION • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. • The applicant also points out the requested fvill allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of the subject property. • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of-,,c officef will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances for 6230 SW 701" Street be approved subject to the following condition: commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. i i (4) PLANNING BOARD ACTION The Planning Board at its July 13, 2004 meeting adopted a motion by a vote of 4 aye 1 nay to approve the requested variances with the following conditions: I (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. RECOMMENDATION It is recommended that the variances requested be approved with the conditions recommended by the Planning Board: I (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. i Attachments Draft Resolution LDCApplicable Regulations Location Map Application Letter of Intent/Justification Survey, Proposed Site Plan Planning Board Minutes 7-13-04 Excerpt Copy of Public Notices MD/DOD/SAY E:\Comm Items\2004\9-7-04\Variance 6230 SW 70 Str Report.doc i I i i I I i I ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parking Requirements Space Requirements.I The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.31). Where fractional spaces result,the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. i (2) Two (2) spaces per dwelling unit,provided that at least one(1) space per unit shall be enclosed. i (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten(10)units. (4) One(1) space per guest room,plus two (2) spaces for the reception office. (5) One!and three-quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. i (7) One'(1) space per one hundred(100) square feet of gross floor area. (8) One(1) space per one hundred fifty (15 0) square feet of gross floor area. (9) One (1) space per two hundred(200) square feet of gross floor area. (10) One 1) space per two hundred fifty(250) feet of gross floor area. t (11) One (1) space per three hundred(300) square feet of gross floor area. (12) One (1) space per four hundred (400) square feet of gross floor area. I (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand(1,000) square feet of gross floor area. r (15) One(1) space per four(4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. • Land Development Code Section 20-4.4 (F)(3) Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one(1)ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten(10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. y • (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to o a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. CITY GF SOUTH ML4k [I LUridDING PERMIT APPLICATION 6130 SIJANSRT ,SOi3 Iffi I4� ,FLORi�A 33143 (3E� 5636355 PROJECT ADDRESS: At7-aW 4 710AI-5 7 G2 81,1J 70 PROPERTY OVd MRE ADDRESS: 7oa/-56-o 62- &e- Mig,�1i 'L WORK TO ICE PEPXORN}ED BY: C01M ACTOR� OWNEW/BUMDER CorNTR CI'O _ � ctls?Wvc� C'c'� PHONE3�— z?g3zg ADDRESS: TE[Is APPLICATION IS FOR THE CONSTRUCTION OR INSTALLATION OF: (PLEASE' BE SPECIFIC) DEM.- C.,1 7-1cWc11y FE7e/0 i<-,) USE: RESMETd HAL COMMRCUL SQUARE FOMAGE �°S© ESTIMATED VALUE I UNDERSTAND THAT SEPARATE.PERMITS MUST BE OBTA3Tr D FOR XLECMCAL, MEMAN CM,, PLUMING, ROOM(;, SHUTTERS,t&TT DOWS, EXTERIOR MGM, PAVING & DRAWAGE 1b" SIGMAGE. BY SI T APPLICAnON I ASSUME RFSPONSIBkLay FORS THE COMPLETION OF THIS PROJECF IM ACCORDANCE We=APP OVED NSTRUCTION DOCUMENTS AND COMPuvi s'6R iTH ALL APPLICABLE REGULATIONS. n rida Sr,,lary. )tic ,e of Florida G.i�t y. ''by.-t�nez. SIGNATIJ i lP 41 C R .7iVeN��ri OF 4 '' R�..^.(,r y0739 a a Riy(Qt tf: f6 r7D7398 NO'T'ARY: �oF. � irate , ,�� NOTARY:��a ZONING RM CT FWOD ZONE FASTER PERNaT ISO. APPR D B 'E 1 1 DISAPPR. DATE COMMITS FEES ZONING CITY 0, --- E.RP.B. f DC COUNTY STRUCT. toU4 RADON RIMING ' BLDG. 1 I PINE PLUMB. 1 l� REVIEW ELECT. _ MECH r CODEEIF. f 1/fil1 fa{jb a TOTAL 101. 20 CONIDMONAW-7-71A 1—, 4(11&1 APPLICA71ON RECEIVED BY: PERMIT NO. OU ! 3 1 7 RR��AI� , , I r i I ! l I : t , i , i T_� } } i ! �� 1. � ; t I I• } i ! I t j } i j '— I I � � ' t. , l I i r — i , _ i t , 1 I i i ! L-4 I } I i i. , 1 I , �I LLL . ; i 1 1 } i I I I i I I ( 11 i i . a•.,i :.!. ::Js.v:I.�,: -, ! ..I. ; i ..J. -{.:-,Ir:,:,l..:..i:..•i , .I I- ; .; •! - ,-<.! _ I , _ I : I : 1 i t {{ 7lt __.� . . _., a _ , I I _ , , , I� i.. Mom! Newffindovr; SIIPPrt Permit Inquiry Email j j Hens PickpertVAnformation FOLIO NUMBER: 09-4025-000-0600 Property address: 6230 SW 70 STREET :P, rMitin Application,structure number 06 00001317 000 000 Permit number BOO 00 Application type: DEMO LMON-ALL OTHER STRUCTURES Permit type: BLDG-DEMOLITION Permit status,date: PERMIT PRINTED 12119!08 Issue date by: 12/19/08 DMIGUEZ Expiration date: 6/17109 Reissue date by: 12119108 DMIGUEZ i Permit value: 0 Permit square footage: 1080 Property owner. SKIN SOURCE INC Contractor: FAM CONSTRUCTION CORP Additional permit description: INTERIOR DEMOLITION Phone interface number. 196295 Permit pin number 196295 Last maintained by: DMIGUEZ 12/19/08 11:57:49 f Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 _ OFF-SITE PARKING AGREEMENT The approval of a Building Permit, a Certificate of Use, a Certificate of Occupancy or an Occupational;License by the City of South Miami for the operation of a medical. office (the "Business") located at 6230 SW 70th Street , South Miami, Florida (the "Building") is conditioned upon the applicant's compliance with the terms set forth below. I, Dr. Arthur S. Colsky, owner of the building, do fully understand that in order to obtain a Building Permit, a Certificate of Use, a Certificate of Occupancy, or an Occupational License, to operate the Business, the conditions established in this agreement, as set forth below, must be strictly complied with. As the duly authorized representative of the Business I agree to the following: 1. The use of the building as a medical office requires the provision of six parking spaces'. 2. Four of the required parking spaces shall be provided on the building site to be used.as required parking. (see Attachment "A", Site Plan,showing location of the four on- site parking spaces) 3. Pursuant to Land Development Code Section 20-4.4 (A)(2) the City hereby agrees to assign two (2) off-site parking spaces to the Property located at 6230 SW'70th Street which spaces are to be credited as required parking spaces for the Business. The two spaces credited are on-street metered spaces within the right-of way of SW 70a` Street and are located within 1500 feet of the building. The two spaces and are not currently assigned to or credited to any other business or property. (See Attachment `B" showing the location of the two on-street credited parking spaces) 4. ;As consideration the applicant agrees to retract the current tree removal application submitted to the Planning Department on December 12, 2006. The applicant agrees and understands that the two off street spaces which have been assigned to the Building are contingent upon applicant maintaining the two oak trees listed in the application.(See Attachment °C"Tree Removal application) 5: The City agrees that as long as the applicant adheres to the intent of this Agreement and otherwise complies with the Land Development Code the City shall not revoke or terminate its assignment of the two spaces. 6. In the event, the property ceases to be used as an office for a period of six months or more, the City may'terminate this Agreement. Prior to termination, the City shall provide the property owner with thirty days prior written notice. 2 7. The applicant further,agrees to construct four of the required parking spaces on " the ibuilding site to be used for as required parking. In the event the City requires an ADA space on site, the City agrees to assign an additional off-site parking space to the property in order to prevent tree removal. 8. 'If at any time, the applicant ceases to provide the required four on-site parking spaces, the City will have the right to require that operation of the Building as .medical office shall cease until such time as adequate proof of the required on- site,spaces is provided to the Planning Department; however, the Building may be operated for some other lawful purpose, provided it meets the provisions of the Land.Development Code,then in effect; 9. This agreement applies to the current Business, and any subsequent or future use which may be located at the Building provided that any new use meets the provisions of the Land Development Code,then in effect. 10. The'City agrees that the destruction or removal of the two oak trees by an act of nature shall not result in the loss of the two spaces credited to the Building as set forth in this agreement. If the City determines that one or both trees should threaten the foundation and or the structure of the building,the tree removal may be performed without the loss of the assigned off-street parking spaces. 11.Yearly renewal of the Occupational License for the business shall include reference to this off-site parking agreement. !2. This Agreement may be recorded at the Applicant expense in the Official public records book of Miami Dade County. AGREEMENT: The applicant agrees that the subject Business will conform to all of the stand rds contained herein. J Date: 3- Arthur S. Colsky STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Subscribed and acknowledged before me by , on this day of , 2007 , Notary State of Florida At lage Z i Al iCE JERK CRAFT M MY COMMISSION 9 Ab 621566 EXPIRES:January-1,tot 1 p k� = BWKWnuuN&WPuWLh&wbm Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 Print Name: 3 Approved By: City of South Miami BY: 49 vonne McKinley Date: o Attachments A,B,C COPIES OF THIS DOCUMENT WILL BE KEPT IN THE ADDRESS FILES OF THE PLANNING DEPARTMENT AND THE BUILDING DEPARTMENT AND IN THE OCCUPATIONAL LICSENSE FILES IN THE FINANCE DEPARTMENT. P:1Parking Off-Street\Final Agreement Dr Colsky Lot(2).doc ' r w � o W N cc C6 10 ! Z a F N to a �i .t m c W' w ul lu CL W J ILA Z V3 I CIO j� c • ��FFFF'� z. .w <J 71.70 1 29.90 J1 CD 627 / to 18 142-.0 f 127 cl 6,90 03.20 J60 �D' . 8 P- .40 13 7 126.60 124.02 6841 2O cf Z:. AE-4Ci .5 P. 6 6843� 108 Lli 70.00 101358 R-1401.03 O F- mms? 1?.Jdm.03 91-76 22 • v so J?-24S,o 69 STO 03 $OAS 36 97.73 6230 27 F- 1 6914 13 5. 14 15 a t'912 1 6240 z 114.34 .1 10 !D 35 6290 6270 21.198 49." 4"8 310.40 d ^ 9 25 n 31 . r , 6931 I 30 CK V w 113.95 7 5 24 4 25 20 62 7 9 ,cl. .0 16 50 .151/1+3/5 4 6925 6201 3129 7.63 U) J-) S. W:,- 7 0 ST. - R=2537 R=M63 333.53 cu — Co 407.80 00 n cu 59 N 1-25 -Two 6 pL--*3"Cjj 7009 o > 0i 17" 137 . ....... 7000 Qo Li Cd F- ol 5.1 613 u CL/ 715':' < -r7-19CW1n FAIT- 4() Application for Zoning Variance Date: May 23, 2004 Location: 6230 S.W. 70`h Street, South Miami, Florida 33143 Legal Description: 25 54 40 .10 AC W54FT OF N88FT OF El37FT OF N150FT OF W1/2 OF SE 1/40F SE 1/40F SW '/4 LOT SIZE 4750 SQUARE FEET OR 10160-2164 0600 1 'Variance Requests for the above referenced property: 1. to allow for parking in the front set back zone. / 2. to allow for one less parking space than currently designated Hardships: Whereas: 1. The inherent lay of the land and existing improvements directly interfere with available space for off street parking. a. The configuration of the footprint of the preexisting structure does not accommodate sufficient space for parking in the rear or on either side of the improvement. b. The presence of old growth oak trees centrally located within the perimeter of the property directly interferes with available grounds available for parking space construction. c. The size and shape of the land presents a peculiar hardship by interfering with the design necessary to accommodate parking space requirements. d. The resultant lack of available off street parking directly interferes with the allowed use of the property in its current R-O zoning classification as a commercial office. Justification: Whereas the subject property: 1. contains a preexisting structure; 2. is subject to zoning requirements that do not allow for parking within the front set back; M AY 2 5 2004 3. occupies a unique configuration that presents a peculiar hardship; 4. will necessitate demolition of the existing structure in order to achieve sufficient set back for parking space design; 5. contains old growth oak trees which occupy coordinates critical for parking space design And whereas: 1. preservation of the existing structure would maintain the residential character of the property; 2. use of the front set back for off street parking is in keeping with similar use of the front set back zones of the neighboring residential properties; 3. preservation of the existing old growth oak trees would be accomplished 4. the requested modification in the number of parking spaces only represents a fractional reduction in the currently designated five spaces per 250 ft2 to the fractional-difference of one space for every 279 ft2. Granting of the above requests for variances will cure the existing hardships and allow for use of the property in its current R-O zoning classification as a commercial office. For these considerations, 1. any claim to use the property for a more intensive commercial use, such as a medical office,will be relinquished; 2. a comprehensive landscaping plan presented herewith will provide enhancement of the current vegetation and natural beauty of the property; 3. such landscaping would further camouflage the proposed parking spaces in the front set back. Thank you for your consideration of the above requests for variance. Arthur S. Colsky - ARTHUR S.COLSKY.M.D.,PH.D.,P.A. DERMATOLOGY e SPA RETREAT FOR THE SKIN, HAIR AND NAILS. R 6280 SUNSET DRIVE SUITE 611 SOUTH MIAMI,FL 33143 FAX 305/740.6140 ACOLSKYMD @AOL.COM 305/740.6181 Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 . OFF-SITE PARKING AGREEMENT The approval of a Building Permit, a Certificate of Use, a Certificate of Occupancy or an Occupational License by the City of South Miami for the operation of a medical office (the "Business") located at 6230 SW 701h Street , South Miami, Florida (the "Building") is conditioned upon the applicant's compliance with the terms set forth below. I, Dr. Arthur S. Colsky, owner of the building, do fully understand that in order to obtain a Building- Permit, a Certificate of Use, a Certificate- of Occupancy, or an Occupational License, to operate the Business, the conditions established in this agreement, as set forth below, must be strictly complied with. As the duly authorized representative of the Business I agree to the following: 1. The use of the building as a medical office requires the provision of six parking spaces. 2. Four of the required parking spaces shall be provided on the building site to be used as required parking. (see Attachment "A", Site Plan,showing location of the four on- site parking spaces) 3. Pursuant to Land Development Code Section 20-4.4 (A)(2) the City hereby agrees to assign two (2) off-site parking spaces to the Property located at 6230 SW 70th Street which spaces are to be credited as required parking spaces for the Business. The two spaces credited are on-street metered spaces within the right-of way of SW 70th Street and are located within 1500 feet of the building. The two spaces and are not currently assigned to or credited to any other business or property. (See Attachment `B" showing the location of the two on-street credited parking spaces) 4. As consideration the applicant agrees to retract the current tree removal application submitted to the Planning Department on December 12, 2006. The applicant agrees and understands that the two off street spaces which have been assigned to the Building are contingent upon applicant maintaining the two oak trees listed in the application. (See Attachment "C"Tree Removal application) 5. The City agrees that as long as the applicant adheres to the intent of this Agreement and otherwise complies with the Land Development Code the City shall not revoke or terminate its assignment of the two spaces. 6. In the event, the property ceases to be used as an office for a period of six months or more, the City may terminate this Agreement. Prior to termination, the City shall provide the property owner with thirty days prior written notice. 2 7. The applicant further agrees to construct four of the required parking spaces on the building site to be used for as required parking. In the event the City requires an ADA space on site, the City agrees to assign an additional off-site parking space to the property in order to prevent tree removal. 8. If at any time, the applicant ceases to provide the required four on-site parking spaces, the City will have the right to require that operation of the Building as medical office shall cease until such time as adequate proof of the required on- site spaces is provided to the Planning Department; however, the Building may be operated for some other lawful purpose, provided it meets the provisions of the Land Development Code, then in effect; 9. This agreement applies to the current Business, and any subsequent or future use which may be located at the Building provided that any new use meets the provisions of the Land Development Code, then in effect. 10. The City agrees that the destruction or removal of the two oak trees by an act of nature shall not result in the loss of the two spaces credited to the Building as set forth in this agreement. If the City determines that one or both trees should threaten the foundation and or the structure of the building; the tree removal may be performed without the loss of the assigned off-street parking spaces. 11. Yearly renewal of the Occupational License for the business shall include reference to this off-site parking agreement. !2. This Agreement may be recorded at the Applicant expense in the Official public records book of Miami Dade County. AGREEMENT: The applicant agrees that the subject Business will conform to all of the stand rds contained herein. 1 Date: Da e. Arthur S. Colsky STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Subscribed and acknowledged before me by , on this %G day of 2007 Notary State of Florida At L&rge AMY. ALICE JEAN CRAFT MY COMMISSION N DD 621586 EXPIRES•January 1,2011 Bonded Thru Notary Pub L Underwrllera Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 Print Name: 3 Approved By: City of South Miami BY: d1vonne McKinley Date: Attachments A,B, C COPIES_ OF THIS DOCUMENT WILL BE KEPT IN THE ADDRESS FILES OF THE PLANNING DEPARTMENT AND THE BUILDING DEPARTMENT AND IN THE OCCUPATIONAL LICSENSE FILES IN THE FINANCE DEPARTMENT. P:\Parking Off-Streeffinal Agreement Dr Colsky Lot(2).doc I 4z J. a > , S L) Ll W O (n CL ,w ca LU* w _ 0 4 - 1 , LU �e • Z s z o J Z 0 m ce x s Y a E. jo; o�: �. tu a CY ,c Lit N Z -- d I o° 4 C/) co e _�•-.�_� v e _ Z r 4 cs zz jfj 71.70 121,87 129,90 ':)0.40 @1 116.87 CD 134.16 143'.0 -1 N 18 in 116.90 68.28 133.20 Ix 160.40 I n 1 C a C� d 7 13 126.60 124.02 125 �: 0 13.4 41 ci RT'_4 .5,? O 20 7 S 4 2 6 El 5 5 Co.8 6 4 3' In 0 In ice. s w Q6.92 P-1401 lot R.1401.03 99 .03 91. 6 69 ST. 22 50.3. P.14,51.03 50.0 45103 ,9 .35 36 97.73 6230 27 11 12 23 1 6914 1 14 5 6D 4 16 114.34 5.1 35 'z 11 cl 6290 49.98 627P c 0 � 49.98 110.40 O 31 6 6931 30 ct m 113.95 w 7 F, 5 9 24 6 4 29 25 2n 7,8 cz 4.1 6:D 4 6 7 9 j 16 50 15 35 50 6 T=3129 7.63 LIS L 01 S W-1:4-03 R=25.37 R=23.63 331.53• 70 ST. Cu M 407.80 39 00 IJI Cu DC: -TO 6 23'A W 7009 SPAS 1 ' �0 54 > Oj • 178.3 137 < 0 12L/ LLJ z 65.1 65 130 Li u Iff -r7-A-'WA)FAJT- 7ffi < 40 130 ti C:� n 61 Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax: 305-668-7356 . OFF-SITE PARKING AGREEMENT The approval of a Building Permit, a Certificate of Use, a Certificate of Occupancy or an Occupational License by the City of South Miami for the operation of a medical office (the "Business") located at 6230 SW 70th Street , South Miami, Florida (the "Building") is conditioned upon the applicant's compliance with the terms set forth below. I, Dr. Arthur S. Colsky, owner of the building, do fully understand that in order to obtain a Building Permit, a Certificate of Use, a Certificate of Occupancy, or an Occupational License, to operate the Business, the conditions established in this agreement, as set forth below, must be strictly complied with. As the duly authorized representative of the Business I agree to the following: 1. The use of the building as a medical office requires the provision of six parking spaces. 2. Four of the required parking spaces shall be provided on the building site to be used as required parking. (see Attachment "A", Site Plan,showing location of the four on- site parking spaces) 3. Pursuant to Land Development Code Section 20-4.4 (A)(2) the City hereby agrees to assign two (2) off-site parking spaces to the Property located at 6230 SW 701h Street which spaces are to be credited as required parking spaces for the Business. The two spaces credited are on-street metered spaces within the.right-of way of SW 70th Street and are located within 1500 feet of the building. The two spaces and are not currently assigned to or credited to any other business or property. (See Attachment `B" showing the location of the two on-street credited parking spaces) 4. As consideration the applicant agrees to retract the current tree removal application submitted to the Planning Department on December 12, 2006. The applicant agrees and understands that the two off street spaces which have been assigned to the Building are contingent upon applicant maintaining the two oak trees listed in the application. (See Attachment "C"Tree Removal application) 5. The City agrees that as long as the applicant adheres to the intent of this Agreement and otherwise complies with the Land Development Code the City shall not revoke or terminate its assignment of the two spaces. 6. In the event, the property ceases to be used as an office for a period of six months or more, the City may terminate this Agreement. Prior to termination, the City shall provide the property owner with thirty days prior written notice. ti P 2 7. The applicant further agrees to construct four of the required parking spaces on the building site to be used for as required parking. In the event the City requires an ADA space on site, the City agrees to assign an additional off-site parking space to the property in order to prevent tree removal. 8. If at any time, the applicant ceases to provide the required four on-site parking spaces, the City will have the right to require that operation of the Building as medical office shall cease until such time as adequate proof of the required on- site spaces is provided to the Planning Department; however, the Building may be operated for some other lawful purpose, provided it meets the provisions of the Land Development Code, then in effect; 9. This agreement applies to the current Business, and any subsequent or future use which may be located at the Building provided that any new use meets the provisions of the Land Development Code, then in effect. 10. The City agrees that the destruction or removal of the two oak trees by an act of nature shall not result in the loss of the two spaces credited to the Building as set forth in this agreement. If the City determines that one or both trees should threaten the foundation and or the structure of the building, the tree removal may be performed without the loss of the assigned off-street parking spaces. 11. Yearly renewal of the Occupational License for the business shall include reference to this off-site parking agreement. !2. This Agreement may be recorded at the Applicant expense in the Official public records book of Miami Dade County. AGREEMENT: The applicant agrees that the subject Business will conform to all of the stand rds contained herein. 1 Date: Arthur S. Colsky STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Subscribed and acknowledged before me by , on this G day of 2007 /] a Notary State of Florida At rge ALICE JEAN CRAFT MY COMMISSION N DD 621566 EXPIRES: 1�rwtfters y,•,r� eooaeamn, Planning&Zoning Department 6130 Sunset Drive South Miami,Florida 33143 Ph: 305-663-6326 Fax:.305-668-7356 Print Name: 3 Approved By: City of South Miami BY: vonne McKinley Date: ,? Attachments A,B, C COPIES_ OF THIS DOCUMENT WILL BE KEPT IN THE ADDRESS FILES OF THE PLANNING DEPARTMENT AND THE BUILDING DEPARTMENT AND IN THE OCCUPATIONAL LICSENSE FILES IN THE FINANCE DEPARTMENT. P:\Parking Off-StIeeffinal Agreement Dr Colsky Lot(2).doe W J r ,II .W^� d �I yr n fn N ZD i _ / �I Z ® L W LU .j i • o oa Z y z o N 5 Y E: p mo o !a i .l r w Ud 2 >> 03 d � a �o N �O Rol W N 0 'O c _Q ul 6 cm) >� AN , z C/) d IL � U , 71.70 21.R7 15 c; 40 715.87 N N CD 14 10 18 :Z:1, 116.90 1604 11,45 0 13 c N 126.60 53 124.02 125 4: 13.4 7 4 O n �–1 �C, CD CD 39.68 6 71 684 J7 70.00 105-58 RzJ401.03 99 W 426.82 P'1401.03 91-76 F- so-3. "*,1451.,,69 ST. - �2813 22 =45103 50.05 36 97.73 6230 35 0 - 2 23 1 6914 ED 14 N 6`40 5 N 5.1- 16 35 6290 49.98 C-27P 28 0 cu o 25 49.98 110.40 co N c4 k cq 31 6931 N 30 a m 113.95 N 7 24 4 29 s r, 25 20 7 4.1 -9 1206 16 5o 15 35 62' .1 69 -1 's 25 T=33.29 7.63 S. 13 P=2S37 R=23.63 -u W:,. 70 ST. 331.53 Cu — Cl) 407.80 At==Ih 00 Ln 39 cu 1'5 -T 62;11 7009 WO Cl ' . ..... 54.. ... . . .... > cu 178.3 < 337 65.1 65 cd 130 Vi 715 -rT-ficH1v EIV7- 40 130 ly N _ 6 . CITY OF SOUTH AHAMI Planning&Zoning Department City Hall, 6130 Sunset Drive, South Miami,Florida 33143 Phone:305.663.6326 or 6347; Fax: 305.666.4591 APPLICATION FOR TREE REMOVAL Project Address: 3 O 51,x,/ —20 5--f* South Miami,Florida Property Owner: S G' (2 C t Phone:* 3 0 S 7 Y 0 Address: Work To Be Performed By(check one): Contractor OwnerMuilder Contractor. Phone: Address: 3 This application is for the removal of(be specific): Use of property(check one): Commercial ,-Residential , •.-�i Signature of Contractor/Qualifier Si gna e o Notary: Notary: �*r•� MY COMMISSION#DD5153W! -/Two copies of a site plan and/or tree survey must be included.C.tv .� �►�° EXPIRES: eb.6,solo ✓Depending on the type of tree(s),the fee for a tree removal.permit is$5 (40 This permit may be approved with conditions,limitations, and/or restrictions. Tree survey or site plan must be attached (2 copies). PLANNING &ZONING DEPARTMENTAL APPROVAL YES NO Does this application involve a Natural Forest Community? Does this application involve protected and/or specimen trees? Has this application been incomplete for 120 days or more? Effective Expiration Approved? Date: Date: If yes,by: Conditions,limitations,restrictions, if any: _... - I F 114W, W 1W , ....r w City of South Miami PLANNING & ZONING DEPARTMENT DATE:.,„ CHECK�O: . PROJECT N M : 6 230 f lr/ D ! Sftte- Afr.Q/,c ADDRESS: PHONE NO: . 03.41.300 ERPB HEARING FEES($450;$350;$150;$50) , 03.41.300 DUMPSTEWCONSTRUCTION TRAILER AGREEMENT($50.00) 03.41.300 NEWSRACK APPLICATION FEE($50.00),. [Plus$10.00 per Newsrack] 03.41.300 OUTDOOR DINING/SEATING PERMIT($250 per year) (public sidewalks only)(waived first year) 03.41.300 TEMPORARY SIGN PERMIT($35/each time) 171"Issuance;Renewals: 0 2nd❑3rd 03.41.300 TREE REMOVAL PERMIT($40.00) 03.41.300 SIDEWALK SALES($35/each time) 02.10.161 (A)ZONING HEARING AD FEE................. .......($1,000) 03.41.200 ZONING HEARING ADMIN FEES.......................($500) [VARIANCES, CLOSING OF PUBLIC RIGHTS-OF-WAY, (TOTAL$1,500) AND WAIVER OF ROW IMPROVEMENTS] 02.19.161 (B)ZONING HEARING AD FEE.............................($1,000) 03.41.200 ZONING HEARING_ADMIN FEES.....................($750) (Special Uses; Special Exceptions) (Total$1,750)' 02.19.161 REZONING APPLICATION (less than 10 acres)..........($1750) '02.19.161 REZONING APPLICATION (more than 10 acres).....($13,500) 02.19:161 LDC TEXT AMENDMENT AD FEE........................($1,000) 03.41.200. x LDC TEXT AMENDMENT ADMIN FEE.................. ($750) (Total$ )1,750) 02.19.161..,. COMPREHENSIVE PLAN AMEND AD FEE............$15,000) 03.41.200 COMPREHENSIVE PLAN ADMIN FEE..................($5,000) (Total$20,000) 02.19.161 ADMINISTRATIVE WAIVER AD FEE.......................($50) 63.41:200 ADMINISTRATIVE WAIVER FEE...........................($456) (Total$500) 02.19.161— PUD/MAJOR CHANGE LEGAL ADS($1,000) '03:4-1:200 PUD/MAJOR CHANGE ADMIN FEE($2,000) A3.41:200 PUD MINOR CHANGE ADMIN FEE($1,000) 03.41.200 WAIVER-OF-PLAT APPLICATION($3,000) rq 03.4i.400". REQUEST FOR MICROFILM RESEARCH($25.00) 03.41.400 MICROFILM Reader/Printer copies($7.50/each image) 03.41.400 MICROFILM REPRODUCTION($15.50/each) 02.19.162 MICROFILM REPRODUCTION($.9.50/each) 02.19.162 BLUEPRINT MAPS AND OTHER MAPS [Zoning Maps,City Official Maps,Future Land Use Maps,G.I.S.Maps] 03.69.920 LDC,COMP PLAN&ALL PHOTOCOPIES S [$0.15 per single-side copy; $0.20 per double-sided copy] Li C TOTAL . 02.19.162 Blueprints and Other Maps: 03.69.920 LDC,Como Plan,Photocopies: Small Zoning Map $2.68 (Tax Included) Land Development Code $53.50 (Tax Included) Small Official City Map $2.68 (Tax Included) Comprehensive Plan $33.71 (Tax Included) Large Official City Map $3.75 (Tax Included) Hometown Regulations $ 4.49 (Tax Included) Land Use Color Map $4.28 (Tax Included) Census Data Packet $ 2.41 (Tax Included) Custom G.1.S.Map $10.05(Tax Included) ,.A�U„C arrette BogW.e � . FREE LNo,charge at all) \\MCGRUFF\PLANNING\Fonns\RECEIPT'FORMS\R=ipt form UPDATI D-Uf %1-15-0 3.doe `i,1 CASH S0.45 CITY OF SOUTH MIAMI REQUEST FOR PUBLIC RECORDS For reference and record purposes, may we have the following: . Name: ec-�✓� "l �'w�4 Address:6Z5 a) S �-✓ 7� ��' S 7� Daytime Telephone Number: ❑ I REQUEST TO VIEW THE FOLLOWING DOCUMENTS: I REQUEST COPIES OF THE FOLLOWING DOCUMENTS: "►4 a STAFF TIME TO MONITOR: hour(s) x $25.00/ hour STAFF TIME FOR RESEARCH: hour(s) x $25.00/hour= NUMBER OF'8 1/2x 11 inch PHOTOCOPIES x 15 cents/sheet = NUMBER OF OTHER ORIGINALS (special order) x PRICE PER ITEM SUB-TOTAL TOTAL COST FOR THIS REQUEST FOR PUBLIC RECORDS 6 c-- Z710 4 Customer's Signature Today's Date ORIGINAL FORM O'Donniley,Don WIA From: beth4 [beth4 @wallflowergallery.com] Sent: Friday, July 09, 2004 5:02 PM To: dodonniley @cityofsouthmiami.net - Subject: re:PB-04-011 7/13/04 7:30 pm Dear Mr. O' Donniley, My name is Beth Schwartz and I am a neighbor located just 2 houses from the 6230 SW 70th street property which is-coming up for a planning board public hearing on 7/13/04 at 7:30 PM. PB-04-011 Due to the fact that I will be out of town for this particular hearing, I would appreciate it if you would read into the record this letter expressing my concerns and requests about the address previosly stated. As I understand it, it is the wishes of that property owner (Arthur...I only remember his first name) to obtain a parking variance. I am a neighbor located just 2 houses away from the 6230 SW 70th street address. I have owned and lived on my property for almost 14 years and I would like for you to state these points on my behalf...if you would be so kind to... .Although the 6230 property had been zoned RO (who knows when that faux pas was implemented) it has ALWAYS been lived in as RESIDENTIAL for the past 14 years I've resided in my home 2 houses away. There is NO other RO zoning in or adjacent to our RS3 neighborhood: After years of a steady stream of unsafe and unbearable rush hour traffiic AM and PM on SW `70th Street . . . known as US1 extension west. . . we as a .neighborhood with the help of former mayor Robaina, (who witnessed it for himself) , the city manager and staff . (Mr. Subrata Basu inparticular) , and the So. Miami police inforcement have succesfully stopped the rush hour traffic errosion that was an immense safety issue to the cocoplum terrace neighborhood. The NO ENTER signs on SW 70th St . should be relocated to a spot just WEST of the 6201 SW 70 St and 7000 SW 62 Ave medical bldgs . driveways (which is where the city AND concerned neighbors wanted to place them originally) instead of where they are placed now which is just before Dr. Dean Whitman' s driveway at Arthur' s .request so as not to block access to his property from both diractions . If the property owner' s request is recommended, I hope these considerations and requests would be reviewed. The concerned neighbors would request a small raised and landscaped culdosac which could be placed adjacent to the newly relocated do not enter signs. There was an official proposal for this done by the former owner of the 7000 SW 62nd Ave about .11 or 12 years ago. . . I saw the architect ' s rendition, several of them as a matter of fact as they were shown to me in 1995 . This culosac would allow for commercial parking on the east side in a semi circlular fasion as to provide for maximum parking spaces, and a moderately landscaped greenspace area on the west side for the many residents who walk with their baby stollers, dogs , etc. and gather to chat . This concept would help protect the neighborhood from TRAFFIC ERROSION AND COMMERCIAL INTRUSION. The reasons why the city placed the do not enter signs where they are currently (next to Dean' s driveway as stated earlier) is because Arthur threatened the city with a law suit in order to have access from both directions on 70 ST for his proposed business at that address as I already stated. I was told this by our former planning and zoning director Ricchad Lorber and Mr. Basu . I would like to remind Arthur and everyone else that all businesses on USl are only accessable from 1 way or the other due to medians etc. and they seem to survive. Also a sign would need to be posted at the intersection of SW 69th ST traffic circle and SW 62nd CT to stop the cut through traffic into that . small 1 block to gain access to 70th steet to go west (although I do not know what would need to be done to stop AM rush hour from zooming through the one tiny block that my home is located on 62nd ct off of 70th street from Sunset Drive other than to post no turn signs at certain peak hours . . . . . .or simply block off the end of 62nd court where it joins 70th street and leave 70th steet open once again for terrible rush hour traffic errosion . .not something we wish to regress to either. There is no simple solution obviosly, however, THIS is where we have invested our life' s savings to make our homes and raise our children. . . we NEED TO PROTECT THOSE THAT LIVE HERE NOT THE DEVELOPER WHO DOES NOT LIVE IN SO.MIAMI AT ALL and wants to either sell (flip) his property for a profit because he did not do his homework on the property speculations . This will add to errode our neighborhood and our QUALITY. OF LIFE with commercial use and the traffic that comes along with it ! ! ! Arthur DID NOT do his homework with regard to available parking on site at 6230 .SW 70th street and now HE NOR ANYONE ELSE is able to UTILIZE it or SELL it for RO zoning use. . . . I know , I have talked with perspective buyers that want to purchase the property because it has. been advertised for sale as commercial use for MORE THAN DOUBLE the price that it was purchased at , however . . .the perspective buyers HAVE done their homework and realized that the parking was inadequate for the zoned use and ultimately declined to purchase the property. . . .once again proving that the property owner is trying to flip it at a' huge profit and at the expense of the neighboring residents to deal with the traffic it will bring. Arthur should not be putting the burden of his problem with this property onto the longtime residents of this neighborhood. This property should have been zoned RS3 to match the rest of the neighborhood, especially since we have been working so hard to address traffic calming and quality of life issues. Perhaps the city could purchase the property from Arthur at a fair price and then rezone the property RS3 to fit in and mesh with the rest of the neighborhood. . . sell it, recover the investment monies and be done with it. . . .make someone a happy home owner. This area has a particular problem due to the fact that it is situated right off of two major rush hour roads of SW 64th street and Sunset Drive and also adjacent to the ever popular, TODD and CRA districts which are developing very quickly. I hope the planning board and commission would discourage the slashing and burning of large old oak trees after 30 + years of growth canopy (even if it ' s just one ) just to be replaced with tiny trees that will never give the same effect in order to accomodate the parking issues with that property. This city is an official bird sanctuary and replacing large beautiful trees that have survived years of hurricanes with tiny ones is not a favoured practice. Please check the survey on that property as well. . . the marker that designates where the adjacent property to the east ends is actually situated almost in the middle of the .p-rock semi- circular driveway' s eastern most opening. . the covering up of that marker allows the property to appear larger than it acually is . . . that land/driveway space is not legally available to utilize or develope for the 6230 SW 70th street location. As soon as the property was purchased by Arthur it was NEVER kept up astetically and began to show immediately with broken windows attracting vagrants, overgrowth, paint, etc. UNTIL the neighbors started complaining to code enforcement to get the owner to keep the place looking decent. . . respect for the neighbors and neighborhood was not demonstrated from the very beginning. I do not intend to sound hostile, my intentions are merely to state the facts and concenses regarding this. property and how things have been dealt with in the 14 years I have lived close to the property. I have had the pleasure to know and become friends with every single person who rented there in the last 14 years which have been 3 different people who chose to live there as a resident. It would be nice if that residential component could and would be considered still . Thank you for the public reading of my letter for the record, I truley appreciate it. Sincerely, Beth Schwartz Homeowner, resident, civic activist Board member of the So. Miami Homeowners Association Board member Commission for Woman So U T South Miami F All-America City t INCORPORATED 1927 2001 CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor & Date: January 4, 2005 Commission Members ITEM No. 9 From: Maria Davis Re: Variance Request City Manager C S 6230 SW 701h Street Reconsideration RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE RECONSIDERATION The City Commission at its November 16, 2004 meeting approved a motion to reconsider its vote on the above described variance application. The application was denied by the Commission on September 21, 2004. The Land Development Code provides the following regulations pertaining to the Commission's reconsideration of an item which was subject to a public hearing: Section 20-6.1(3)(e) "When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action (removed: when denied without prejudice) except in.which case reconsideration is possible after six (6) months for the date established for the prior hearing at the request of the majority of the commission" (2) The Planning Director's interpretation of the above section is that a reconsideration of a denied application can be considered if the majority of the City Commission approves. However the actual reconsideration of the case must be scheduled no earlier than six months after the denial,which would be in April, 2005. This type of regulation requiring a one year or six month delay is very common in most zoning codes. Its purpose is primarily to protect neighborhoods from having to return meeting after meeting to oppose or support a particular application. Independent of this regulation the City Commission may have authority to reconsider its vote. REPORT ATTACHED The Administration is concerned about the precedent set if a reconsideration of a denied zoning application is permitted without the proper time span as specified in the Land Development Code. This could be used as a tactic to wear down opposition. If the Commission proceeds with reconsidering the item, the Administration's report from the September 21, 2004 meeting is attached. It is important to note that the Planning Board and the Planning Department both recommended approval of the variances with conditions. That recommendation still stands. Staff will support the variance if heard on April 5, 2004. Attachments Copy of 9-21-04 Report Copy of Public Notices MD/DOD/SAY EAComm Items\2005\1-4-05\Variance 6230 SW 70 Reconsideration Report.doc S0U'r South Miami Alt-America City v INCORPORATED 1927 P L O R 19 2001 CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor & Date: September 21,2004 Commission Members ITEM No. _ From• Maria Davis Re: Variance Request • City Manager 6230 SW 70th Street RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING' TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO . BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- . STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE*TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant,.Dr. Arthur Colsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in a small isolated "RO" Residential Office Zoning Use District. The City Commission at its August 3, 2004 meeting deferred action on the request. The staff was requested to provide a more detailed history of the property's Comprehensive Plan land use category assignment and zoning. That information is contained below in a new section entitled Zoning History. The City Commission at its August 17, 2004 granted a deferral of the item until the next Commission meeting. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-4.4(B) "Parking Requirements" Land Development Code Section 20-4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6.1(B)(3)(h) "Planning Board Duty" (2) ZONING HISTORY In 1982, as part of an overall updating to the Comprehensive Plan sponsored by the City, the future land use category covering this property was changed from Public/ Semi- Public to Office. In 1988, as part of the preparation of a new Comprehensive Plan, the City re-designated the subject property with the future land use category: Residential Office. The zoning classification.remained RM-24,High Density Residential. In order to use the existing single family residence as a real estate office and to make the property conform to the new Comprehensive Plan future land use category the owner, Mr. Robert Strickland, filed an application to change the zoning district from RM-24 to RO, Residential Office. The City Commission, at its July 8, 1988 meeting, granted approval of the request. The issues related to.preserving trees and parking spaces were discussed prior to approving the zone change request. In December 1988, the applicant applied for a series of variances in order to permit use of the building as an office. Theses variances included waiving of parking requirements, variances needed due to the specific site plan submitted at that time, and variances needed to waive requirements in the Code which are no longer applicable. The variances were recommended for denial by the Planning Board. The City Commission at its January 3, 1989 meeting denied all of the variances requested. BACKGROUND (1) The subject property is a single family residential building, which is a legal non- conformmg structure(dimensions are substandard). The property may continue to be used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic,just west of the subject site.North of the property (RS-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM-24) is an apartment building and a tennis court. (3) The parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for general offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental, or other health related uses would not be able to locate in this building due to a higher number of spaces required. r (3) The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area. Parking in the required front setback is allowed in all but one zoning district. The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS/RECOMMENDATION • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant.states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. • The.applicant also points out the requested variances will allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of the subject property. . • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of office uses will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances for 6230 SW 70th Street be approved subject to the following condition: commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. (4) PLANNING BOARD ACTION The Planning Board at its July 13, 2004 meeting adopted a motion by a vote of 4 aye I nay to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. RECOMMENDATION It is recommended that the variances requested be approved with the conditions recommended by the Planning Board: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. Attachments Draft Resolution LDC Applicable Regulations Location Map Application Letter of Intent I Justification Survey, Proposed Site Plan Planning Board Minutes 7-13-04 Excerpt Copy of public Notices MD/DOD/SAY'14- ' �i- E:\Comm[tems\2004.--7-04\Vananc�-6230 SW 70 Str Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN A."RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND 9 DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE 10 REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-. 11 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE 12 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING 13 USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB-04-011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Colsky, said application requesting approval for : (1) a variance from 18 Section 20-4.4(b)(10) of the Land Development Code to allow four off-street parking spaces 19 where the required off-street parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) 20 of the Land Development Code to allow required parking to be located in the front setback area 21. which is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI,FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Colsky requesting approval for : (1) a variance from Section 20-4.4(b)(10) of the Land 35 Development Code to allow four off-street parking spaces where the required off-street parking is 36 five spaces and: (2) a variance from Section 20-4.4(f) (3) of the Land Development Code to 37 allow required parking to be located in the front setback area which is prohibited in the RO 38 zoning use district is hereby approved with the following conditions: 39 40 (1) Offices including but not limited to medical, dental, health related uses, day care centers, and 41 any other similar use which has the same required parking are prohibited from locating in the 42 subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this , day of ,2005 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts-Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 EAComm Items\2005\1-4-05\6230 SW 70 Variance Resol.doc ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parking Requirements Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.3D. Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one(1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms,plus an additional visitor space for every ten(10)units. (4) One(1) space per guest room,plus two (2) spaces for the reception office. (5) One and three-quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred(100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One(1) space per two hundred(200) square feet of gross floor area. (10) One(1) space per two hundred fifty(250) square feet of gross floor area. (11) One(1) space per three hundred (300) square feet of gross floor area. (12) One (1) space per four hundred(400) square feet of gross floor area- (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One(1) space per one thousand(1,000) square feet of gross floor area. (15) One(1) space per four (4) seats or seating places. (16) Five(5) spaces per alley or five hundred(5 00) square feet of rink area. • Land Development Code Section 20-4.4 (f)(3)Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1)ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten(10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. a Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to section 20-5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four .(4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (g) Building height (5) Fences and walls (6) Impervious coverage (7) off-street parking (g) Open space (g) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planninz Board Duties (B) Planning Board. (3) Powers and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinzuished from reasons of convenience profit or caprice. City of South Miami PB-04-011 Special Use Approval 6230 SW 70th Street s fi611 8610 6611 6610 6611 6610 6621 D M ED ED 6616 6621 6620 6620 6621 6620 U 6631 0 0 6621 6632 Q 6631 6630 6640 6631 6630 0 6701 �� 6631 ° 6700 {_— 6641 6700 6700 6701 6700 N 6711 0 6701 �p _N cD 6701 6710 6711 6710 6718 `D -' 6711 6710 6711 � 6721 ao U) 6721 6720 6721 6720 6721 6720 rn o 6731 6730 6731 cn 6731 6730 6731 6730 SW 68TH ST 0 C 6360 6801 6800 6801 6800 6802 6g-,P 6370 6350 n a 6812 6840 6815 6810 6625 6820_ 5950 6303 6825 6820 CD 1, °i o ° 6� Lunn � g�`> 0 69 0 6901 o v o 0 0 0 6910 rn CD �� 6917 D r o w 0 0 M 1 N N 6912 6240 6230 rn M w ° 6930 g925 0 o co 6929 � 6931 1 0 ED v N ° o 6950 °��' 6941 co°j� 6941 94 6941 `N° m co ifl co ° o 6970 70TH ST 0 7000 009 7001 7000 7001 ° ,000 °o c°'v X r; m 7020 N ,� 0 7D40 7011 7020 7021 cfl 7010 7015 'i000 �` U 7021 7101 � - 109 7030 7041 7030 7105 rn 7051 CO 7090 rn ° o . r 7031 7171 7110 � 7040 0 ?040 7107 SUBJECT `D --! 7101 7111 ~ 7110 7110 PROPERTY 7111 7115 7114 7111 6161 � 0 D 7120 7121 6201 co Oy in M ED C103 no 6341 Ln co U) SW 72ND ST 6180 0 633 32 6310 o h p to I- b 7223 a J to 7231 0 7231 N M 7230 7243 7240 ~ ti m j 7251 N u°>01 7311 7240 7301 7248 CD 7311 7340 7310 7313 7320 � 73DD 7321 7320 7321 7331 7330 7333 7330 7341 7340 6331 7340 ti °ED 0 300 600 900 1,200 1,500 Feet City of South Miami Ammak Planning & Zoning Department City Hall,6130 Sunset Drive,South Miami,Florida 33143 Telephone: (305)663-6326; Fax:(305)666-4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: (92W So -70 S Lot(s) Block Subdivision PB - Meets & Bounds: Applicant j�i r 5 . /1 0 /� v Phone: V Representative: �t l' Organization: jUN s pu/M Address: Phone: 3�S /�(� �l / . i. Property Owner. /�� 2 S , (� r' s Signature: ' f't Phone:- R Mailing Address: (�.�0 �,Q � 'U Architect/Engineer: Phone- W i1 j ry t- AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative —Contractlo purchase —Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _Text Amendment to LDC Variance _Letter of intent _Zoning Map Amendment _Special Use Justifications for change _PUD Approval _Special Exception statement of hardship PUD Major Change _Other Proof of ownership or letter from owner _Power of attorney Briefly explain application and cite specific Code sections: _Contract to purchase ( Current survey(1 original sealed and ^ f(�Q, , ��`� , IV �(, „ 4IM4 Vj b �il� _ signed/1 reduced copy @ 11"x 17") f j [ t� �I•r x/15 copies of Site Plan and Floor Plans ?U /A �k 1 reduced copy @ 11"x 17" y� VJ �(j ( �JJ ��+fv"! 20% Property owner signatures Section:20 Subsection: Page#: Zl Amended Date: Mailing labels (3 sets)and map Required Fee(s) � 1 . The undersigned has read this c , pleted a plication and represents that the information and all submitted materials are true and . cone the b st of the a lica. s know ge and belief. 2Z � App rcant's Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications.found not in compliance will be rejected andpreturned to the applicant. OFFICE USE ONLY: Date Filed �� Date of PB Hearing ��—�:3'�? Date of Commission Petition Required Petition Accepted ✓ Method of Payment 8/2/00 Skin Source Inc. 8220 SW 52 Ave S. Miami, FL 33143 305-740-6181 Application for Zoning Variance Date: May 23, 2004 Location: 6230 S.W. 70th Street, South Miami, Florida 33143 Legal Description: 25 54 40 .10 AC W54FT OF N88FT OF E137FT OF N150FT OF W1/2 OF SE t/4 OF SE '/4 OF SW t/a LOT SIZE 4750 SQUARE FEET OR 10160-2164 0600 1 Variance Requests for the above referenced property: 1. to allow for parking in the front set back zone. 2. to allow for-one less parking space than currently designated Hardships: Whereas: 1. The inherent lay of the land and existing improvements directly interfere with available space for off street parking. a. The configuration of the footprint of the preexisting structure does not accommodate sufficient space for parking in the rear or on either side of the improvement. b. The presence of old growth oak trees centrally located within the perimeter of the property directly interferes with available grounds available for parking space construction. c. The size and shape of the land presents a peculiar hardship by interfering with the design necessary to accommodate parking space requirements. d. The resultant lack of available off street parking directly interferes with the allowed use of the property in its current R-O zoning classification as a commercial office. Justification Whereas the subject property: I. contains a preexisting structure; 2. is subject to zoning requirements that do not allow for parking within the front set back; 3. occupies a unique configuration that presents a peculiar hardship; 4. will necessitate demolition of the existing structure in order to achieve sufficient set back for parking space design; 5. contains old growth oak trees which occupy coordinates critical for parking space design And whereas: 1. preservation of the existing structure would maintain the residential character of the property; 2. use of the front set back for off street parking is in keeping with similar use of the front set back zones of the neighboring residential properties; 3. preservation of the existing old growth oak trees would be accomplished 4. the requested modification in the number of parking spaces only represents a fractional reduction in the currently designated five spaces per 250 ft2 to the fractional difference of one space for every 279 ft2. Granting of the above requests for variances will cure the existing hardships and allow for use of the property in its current R-O zoning classification as a commercial office. For these considerations, l. any claim to use the property for a more intensive commercial use, such as a medical office, will be relinquished; 2. a comprehensive landscaping plan presented herewith will provide enhancement of the current vegetation and natural beauty of the property; 3. such landscaping would further camouflage the proposed parking spaces in the front set back. Thank you for your co idera ' n of the above requests for variance. I Arthur S. Colsky SKETCH OF SURVEY SCALE 1' 12o.00l WF -Mg . . ........... LUX p �o d 7 AW-0 FE4C�-- "To 'N 0 I.k -.-07- Accomm To THE NATDNAL'R-c=. POLOANcE momm THE 5�—MOPEUY RM-LS�IN FLOOD-ZOW-- cowim 14m- - No.: DATE 0F'FW Am zow— MRBW F-:Loc.p 0-ev, LOCATION MAP wa) rT. 41 NO PROPERTY ADDRESS: 6230 S-W. 70th Street, Miami, Florida 33143 . LEGAL DESCRIPTION: The West 54 .00 feet of the North 88 .OG feet on the East 137 .00 feet of the North 150 . 00 feet of the West '-z . of the Southeast 1, of the Southeast 4 of the Southwest 4 of Section 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida. FOR: MARTA MILLIAN GONZALEZ. CERTIFY TO: MARTA MILLIAN GONZALEZ.. UNION TITLE SERVICES, INC. STEWART TITLE GUARANTY COMPANY, INC. SURVEYORS NDTES: FFEPAFr=D BY: 11 This atpvey wsa co,ducted for the purpoee of e'Baadery Survey onty aria a not trtended to delineate tie reoutatoh Aa%W coon d ary tcdar.t,raw.regldna or u=si e7a=y.board.ccrnmiesEai or ocher antty. GOWER GROUP, INC. LE3 4507 Z trio accuracy riblegled nr meaaaerneraB and car=Ist-n—an ova eut.rv.meets and exceeds the f tim tvi n TecShr=al Slanderoe LAND SURVEYM-LAND PLAWNG requiamantl for a Bubcsben sage(1 foot M T SW heap use apedted In Chaper 61017.6.Florida^dmhlvtre Cade. 3)Thi's sm cydoes not rW act or oeter ninti 0 rare 4350 S.W. 72nd TERRACE 4)LeyeLdsaedpyen au i)eet tD cry daykomtom.Mdtemorm.reattxime reservations or ease—,=of recor MIAMI. FLORIDA 33165 Q Examirmabn ce the Abstract of Title wX have to be made to oetermhe recorded t swurr e-m it any ait afing the propane:se arch ft�n Cr*'r (3D5) 720-OD73 &Pd- Tlacnde rce perform d LH tw tralca_ - st h®e. 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Bufvey d he desorbed property b true end cwrie=to .1 Jagr a mal0ii F'F20r'ESSIL7NAL LAND SIJR VFYOR the beat d rry Ia•idnale:j;Fv"b std.®reeanity surveyed and prated under my abeWott 900 hat meets 4ha W47.atlTClinaZOl P.r n.t.rr s swax+ k MAPPER, •STATE OF FLORID& Standards set in Chapter 61017-4 Flafta.idmlristiAe(code.Pusuat to Sector,4MO27 Florida 6nUIBi EQAI JOB(!a: SKETUH Na- r DRAWN BY' FENISMS'- i 8-STL 5 l ci Mu L.CH E 2!�.. _ '•�-b-,-,�—z;:``--:.�::.c�:�vi..rte.° scn ' • �I'LfR1i't`�-0' 2-5Q. S.W. 70 STREET, 18' PAVEMENT .LANDSCAPE PLAN I a WERNER DIETEI_ AND ASSOMATES 6230 SW 70 STREET LANDSCAIPS ARCHITECTS/PLANNERS AS.LA. � ' "vst vrF,ec avR s@V6 wa"ra•ssowroa t�+se �.ve_ee�-eras I �avuc PLANT LIST, LEGEND SYMBOL . QUANT.NAME NATIVE YIN. SIZE BS 2 BURSERA SIMAROUBRA Y I.2'X 6',6'C.TR Gumbo Limbo CTM 5 CORDYLINE TERMINAUS Me.ANDRE N 3'+TRANSPLANT Red TI Plant I DE .40 DURANTA ERECTA Y 2'h'X 2'BUSHY Golden Dew Drop DM 3 DRACAENA MARGINATA N 3,3 HEADS+ Red Edge Dracaena.- MP 35 MURRAYA PANICULATA N 2'X 1'h',BUSHY Chalcas,Orange 3asmine PSC 66 POLYPODIUM SCOLOPENDR-1A Y 6-POTS,FULL Wart Fern Qve 2 QUERCUS VIkGINIANA Y. 24'CALSP.EXIST Uve Oak Qv* 1 QUERCUS VIRGINIANA Y '8°CALIP.MOVE Uve Oak SP 2 SABAL PALMETTO Y 12'&18'C.TR Florida Cabbage Palm. STL 8 SANSEVIERIA TRIFASCIATA LAURENT.N 1'h'-2,BUSHY Snake Plant TF 14 TRIPSACUM,FLORIDANUM. Y 1'A',BUSHY Gama Grass Sod-and Mulch as indicated ! FASTER BATTENS WITH 2-3/4" RI CARBON STEE7. BANDS.NO NAILS 1VTD PALM. 13161T OF BATTENS _ACCOROINC TO HLCOT.OF SREE TO - GTVE rRDPEB LEVEBAGB. . • �� `r j � !/' 5 LAYERS OF BURLAP JJ' rte' MIN. 5— 2x 4x1 16" . . •��)�Fr� • ;�,.� �,��,`:ii� • g��, .;- STEEL BADS. TOE NAIL BRAck ,_ "at�, rl � TO BATTEN ' l 1��•^ is �3- 2x'4 BRACES @ 1Z0', NF.V LUMBER HEAVY PXui OVER 2S'•4 BRACES @ 90' 3"HULML HEN. 4" BERN 2x 4 BRACE STOP.. 1R" LONG . GRADE __! = rum r-p . • —1 '• 1� PLANIINC SOIL. =L -� HIN..EXCAVATION .STAKING FOR PALMS AND TREE'S ' H111. CLEAR'AT TIME OF TLANTING 4" BERM 2" MULCH 6"x B" CONC. HONING SHRUB GROLRIDCOVEB STRIP x SOD_/ M !•a, r __ADJACEd f PAVED AREA °1.I PLANTING SOIL AS SPECIFIED SHRUB AND GROUNDCOVER PLANTING LANflSCAPE PLAN'i R '•lip .• WERNER DISTI=L• AND ASSOCIATES 6230 SW 70 STREET 1_Ar%10SCAPE ARCHn-r=u I /PLANNERS AS.L.A. a ' aver acneE a ¢"ev4 wn a. TEL� .- t t'C;i I"✓ titc.Ar-oRA'fEf? b CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 13, 2004 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:47 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Gibson, Mr. Comendeiro, Mr. Liddy, and Mr. Illas. Board members absent: Mr. Mann. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB-04-011 Applicant: Dr. Arthur Colsky Location: 6230 SW 70`x' Street Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70"H STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE Planning Board Meeting July 13, 2004 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. Note: At this time,Mr. Illas informed the Board with regards to Item PB-04-011, he would recluse himself from voting. He explained that as a realtor he had assisted in the closing for the purchase of the property. Mr. O'Donniley concurred that it was appropriate for him to recluse himself. Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained that the applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated "RO"Residential Office Zoning Use District. Additionally, Mr. O'Donniley stated the parking-variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for commerical offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162.sq. ft.) a total of five parking spaces would be required for mist professional and business offices at a formula one space for each 250 sq. ft. of gross floor area. Offices such as medical,dental, or other health related uses would not be able to locate in this building due to a higher number of spaces required. He also noted that the applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. Planning staff recommended that the two requested variances for 6230 SW 701h Street be approved subject to the following condition: commerical offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. At this point,Mr.Morton opened the public hearing. Applicant: Arthur Colsky (Owner) The Board, staff, and applicant discussed the request. The applicant stated that the property will not be used for medical purposes, instead it will be used as an office. He plans on improving the appearance of the property with landscaping materials and will save the two large oak trees, which are shown on the site plan. Furthermore, Mr. Colsky stated that he Planning Board Meeting July 13, 2004 had no objection to adding turf blocks to the property. Mr. O'Donniley commented he had an e-mail which he needed to enter into the record. This email was written by Beth Schwartz, who is a neighbor located two houses away from the 6230 SW 70th Street. She indicated in her email that any consideration of the variance request should be based upon requiring the implementation of the Parking Study for the street.. She further explained in her e-mail that neighbors would like to request a small raised and landscaped culdosac which-could be placed adjacent to the newly relocated do not enter signs. This culdosac - - - would allow for commerical parking on the east side in a semi circular fashion as to provide for maximum parking spaces, and a moderately landscaped greenspace area on the west side for the many residents who walk. Speakers: NAME ADDRESS Dean Whitman 6259 SW 70th Street Opposed application Mr. Whitman strongly opposed the application. He provided the Board with an article from the Miami Herald. Furthermore, he-voiced his opiaion_about.traffic problems in the area and his disagreement with the requested variance. After hearing a summary of Ms. Schwartz's email Ms. Yates recommended that in the future the Parking Study be further review by Planning Staff. In addition, Board member Ms. Gibson informed the Board that the property was formally used as a day care center classroom. Mr. O'Donniley stated perhaps that it was for that reason that the "RO" zoning was designated. Board member, Mr. Comendeiro was concerned of the possibility of a day care being opened on that property. Mr. O'Donniley asked the applicant, Dr. Colsky if he had any objections to specifically eliminating day care as a potential use. Dr. Colsky had no objection. Therefore, the following amended motion was passed. Motion: Ms. Gibson moved and Ms. Yates seconded a motion to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. The motion was approved by the following vote: Vote: Ayes 4 Nays I (Mr. Liddy) Recluse 1 (non-voting) (Mr. Illas) E:\Comm ItemsU004\8-3-04CExcerpt PB Mins 6230.doc _MIAMI DAILY BUSINESS-REVIEW Published Daily except Saturday,Sunday and Legal Holidays .s'S .e+ , <t F Miami,Miami-Dade County,Florida err `Y £ w F.t Y STATE OF FLORIDA1 r } �a J;, C.SOy^,k � -'..S° td ]Y•s j r �d'� COUNTY OF MIAMI-DADE: NjA ` - CITY OF SOI�TI�I MIAMf�si �NOTICO:OF PUBLIC HE�#itNG Before the undersigned authority personally appeared OCTELMA V.FERBEYRE,who on oath says that he or she is they SUPERVISOR,Legal Notices of the Miami Daily Business NMOraTmICl;E FlIoS n ha E wRtEll cBoY n gdiuvcet n PtuhbaYthe Ci# mts I srsergouh l oy;l Review f/k/a Miami Review,a daily(except Saturday,Sunda d Jic4Hea t -Dade Legal Holidays)newspaper,published at Miami Miami arf Cthle ty CCioty m omf Sisosulotrta�`l mee4rig scheduled foruesday Dece>�ber 21 2004 begmnr�g at 7 30 p County, Florida;that the attached copy of advertisement, m`yn the Clty Carnml'sslo4!,',hamber 6130 Sunset Dnve„to consider then x'' being Legal Advertisement of Notice in the matter of r .ro 9 9 followirngtternsig Second Readma Ordutance + fi w CITY OF SOUTH MIAMI ANi ORDINANCE;QE THE MAYtiOf3 AND CITY COMMISSION OFj PUBLIC HEARING 12/21/2004 �T}IE CITS"OF SOUTH MIAMI`FLO131DA f1ELATING T,U lHE PEFi= in the XXXX Court, NIIT�FEE`SCHEDULE, WlENDING ORD{NANCE,�1490-a 454 ASS Y ;AMENDED;fit ORDINANCES`6 92 1501, t7 92 19 95 was published in said newspaper in the issues of 1'583 18 99-1692,28-X00`-ir730,'K 3211763„1U2 i7821ND21 03-' 1805 IN.ORDER.TO ADJ.AR! ND USE APPLICATION FEES;, 12/10/2004 �'PROVIDING FOR SEV.ERABILITY OADINAfdCES,IN CONFLICTf dt AND A1V EfzFECTjIVEAATft ae ,xrlr , #S -i��#rivi * 1k�* Xa'rut tf1P^-a3�”-#t wrhxJ"'yC' mot.i Affiant further says that the said Miami Daily Business 'Resalutlon"34 Atj ESOLUTIOJV OF T,F)E,=YOR&CITY)Ci�MMISSION OF TtiE Review"is a newspaper published at Miami in said Miami-Dade w r `iT11.70F SOUTiki'MIAMl FLORIDA,REL'A'TING"TO`A WO UEST County, Florida and that the said newspaper has aF,OR;4APPROHAL OF$Tk1E FOLL011NING�TWOy PARKING 1YARi' heretofore been continuously published in said Miami-Dade County, � pNCES3INQRDER70 PERMIT PI30PERTYLOCATED AT 6230 Florida,each day(except Saturday,Sunday and Legal Holidays) SW70TH STREET3IN SAN RO RESIDENTIAL"OFFICE ZONING) and-has been entered as second class mail matter at the post USE;DISTRICT�TO�$F USED A$zY�r COMMERCIALS OFFICE) office in Miami in said Miami-Dade County,Florida,fora > BIJILDNG' YARIANCE�FROM SECTION20 44($)(1.0)OF THE period of one year next preceding the first publication of the '1ANDEVELOPMENT CODE°TO ALLOW FOUR OFF-,STREET attached copy of advertisement;and affiant further says that he or 4PARKINGnSPACES,�W}iERE THE 'REOUIRED^�OFF STREE y she has neither paid nor promised any person,firm or corporation }PARKING IS FME SPACES,(2)VARIANCE fROM SECTION 20 any discount,rebate,commission or refund for the purpose J 4A(1(3OF THE LAND DEVELOPMENT CODE'TO ALLOW RE; Of secu'ng this advertisement publication in the said QUIREDiPARKING`IO$E LOGATJ=D INxTHE FRONT SETBACK; `AREA WHICH51$PROHIBITED IN THE RQ_ZONING,USE DIS y news aper. ` STRICT.AND PRAOVIDJNG FOR AN EFFECTIVE DATE" ° ' n 1 `'v�a�� j Above,itbms can fie inspected m the Cl,ClerlZs Offce Monday Fnciay dunrigregulaofficehours`, �'s��,'�S``s�'rr"..�€�' ALL Interssted parties are mvited46 attend and will be heard Sworn to and subscribed before me this r ter,,r x � t Mana Menendez.§'`�a .tf r4L rtvour,•i�.terk"4a� 4�r} 10 day of DECEMBER A.D. 2004 ar Pursuant to f lorida Statutes 286 01+05 the C�ty_heceby+adwses the putilic by mat ifzperson decides to'appeal aaydecislog made tMs Board Agen; i/ or;Comrrnssion�with respecf to any matter eonslderQd"at its meeting Ar hearing he or she+ill need a record of the poceedmgsrandthat for Sochi (SEAL) purpose affectedlperson may need to ensure that a verbatim record°of the ;roceedm s as made which'record includes the testimony,and evr OCTELMAV. FERBEYRE-personally known tome denc u ortwhletatheappealastobebased �'' '' 'A- ' �r Cheryl H Marmer ?� My Commission D033MS Expires July 18,2008 r MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and . Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA ` t e r sr r �►'�y �r ri� `1 COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared1 s,rt r� r ka {sz SOOKIE WILLIAMS,who on oath says that he or she is the �{ h , VICE PRESIDENT,Legal Notices of the Miami Daily BusinessY kF r w � �� - 6T " Review f/k/a Miami Review,a daily(except Saturday,Sunday . ,max ; - 3 � a and Legal Holidays)newspaper,published at Miami in Miami-Dade O OUT 11�►1�It'$�r�'tt County, Florida that the attached copy of advertisement, a' IiIOTIre!F PUBLIC HE/AMNG&i� x 1 being a Legal Advertisement of Notice in the matter of r ur E- NA "`��it�'ta3�tN-'i' �za +rt�"' NOTiCE4StiEREBY given that the City Comrnlsslon ofthe CtytoFSouth CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS MlSnl� ondannllc�ndu`ci aPrnbtic"HeanngduringegularClty RESOLUTION TWO PARKING VARIANCES,ETC. 1/4!2005 Commission meetmgonTuesdayJanua%y400beglmgat 730? p�m? rntheGlty� ommissionrChambes 6130 un ttDnveyt onsder ! in the XXXX Court, A RESOLI�TIOWD.F.THE*MAYOR;&CITY COMMISSION Ov, was published in said newspaper in the issues of Tt1ErC13Y OFTSOU�TN MIAMI, FLORIDA cfiELAT1NG TO A," i REQUEST FOR IPPROVALLOFT ME-FOLLOWING7NOy" 12/27/2004 PARKING VARIANCES IN zORDEf3Tp PERMIT;PROPER7X ':LOC AT EDA S,6230SW70TNSTREETIN a 'YN, ROtRESIDEN � ; v TIALROFMCEs20NING�lSE DISTRICT 1O;BE USED AS,'A o: COMMERCIALN&OFFICE PBUILDING z(1)F VARIANCEI FROM `t Review is a nrewspaper published at Miami!ng said Miami-Dade k SECTION 20-4 4(13)(10) OF'TNELAND DENELOPMEN PY h County, Florida and that the said newspaper has r§ tCODE TO-ALA,FOUR;OFF-STREET`PARKING SPACES WHERE THE FAEQIJiRED:OFF STREET PARKING:IS FIVE heretofore been continuously published in said Miami Dade County, ;.;SPACES, (2)t VARIANCE FROM;SECTION;20-4 4(FJ(3) OF Florida,each day(except Saturday, Sunday and Legal Holidays) ;THE LAND DEVELOPMENT`CODE TO ALLOW REQUIRED and has been entered as second class mail matter at the post ARKINGTOBELOCATED7NTIIE`FRONTSETBACKtARFJ1 office in Miami in said Miami-Dade County,Florida,fora WHICHJS'PROli161TED IN THE RO ZONING USE DISTRICT, , period of one year next preceding the first publication of the pNDPROVIDING FOR AN EFFECTIVE DATE 'L attached copy of advertisement;and affiant furt her says that he or [ � ;r sh r, she has her paid nor promised any person,firm or corporation Inminesxconcemmg}�hIS Item show! Abe-. irectetl/�orrthe Planrnng any di coun rebate,commission or refund for the purpose Department at305 6636326 of s urin his advertisement for publication in the said new a fir. ALQ3nterestedPartlesare invited o�attend and willbe Mana,M iulenendezr r ?g Ctty Clerk bf South �� `i�� .ir. s Sworn to and subscribed before me this Pursuant:to Flontla5tatutes 266 0105,;�the Clty fierebyuadwses the. pu66clthat rffia�perstin�(tleades to appeal any decision smade�bfy this 27 d o E A. 004 Board tAjency or Colnmiss on Mfh respectAo anyjmatte[corisldered at Its meeting or��.heanng tie orst�e�wlll neetl a record of ttie proceHedmgs and that foraucM-purposes affected person may�need to�ensureFthat a; verbafim-record4of,the proceedings�ls made which Teco�d�nctude's he; tes4imony4antl evadence Lpon;whlchsthe�appealrts to be't�ased�, < f �± (SEAL) 12127 , t_..; Kj r .'t ., _.:,r a v_ �,043:21/509755MMi SOOKIE WILLIAMS personally known to me esY�� N{aria I.Mesa a� My Commission DD293855 Expires March 04r 2006 =YOUR U S S S& OU VA Our TV Week is your handy guide to H YOVR i U® &TILE $this week's'Best Bets'in TV and F DOLLARS 3®5-279-5322 cable listings. LACEMENT N FREE ESTIMATES LIC.SINCE-1962 ! m F ! U . { Q i Q j 'Z I D Q COURTESY N®TICE € W CITY OF SOUTH MIAMI, FLORIDA On Tuesday, January.4, 2005, beginning at 7:30 p.m.,-in the City Commission.Chambers, 6130 Sunset Drive,the.City Commission will hold a Public Hearing to consider the following item:. A RESOLUTION FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN"RO„ RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL i.r OFFICE BUIL6ING: .(1)..VARIANCE FROM.THE LAND DEVELOPMENT:CODE TO ALLOW FOUR -OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF STREET PARKING-IS FIVE SPACES;(2)VARIANCE FROM THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED�IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE 00 ZONING.USE DISTRICT.. , F Inquiries concerning this item should be directed to the Planning.Department at 305-663 76326. j ALL interested parties are invited to attend and will be-heard. -. i Maria M.Menendez City Clerk Pursuant to Florida Statutes 286.0105,the City hereby advises the public that if a person decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered at.its meeting or hearing,he or she will need a record of the proceedings,and that for such purpose,affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence.upon which the appeal is to be based. i go i . , k ALL Running'& Fitness Even some. RIJNNING_SHOES shoes&sandals APPAREL ON SALE 4 0= 60% OFF 20 — 60% OFF from: , ALL SAN®ALS �d®s 15% OFF .1 C 7. ° is - ��• n®wbalanc® - � . Vet i E REE� Limited styles,sizes and color V available in sale items i I w CITY OF SOUTH NHAMI Planning&Zoning Department City Hall, 6130 Sunset Drive, South Miami,Florida 33143 Phone: 305.663.6326 or 6347; Fax: 305.666.4591 APPLICATION FOR TREE REMOVAL Project Address: 6- 2, 30 511V 70 S South Miami,Florida Property Owner:_ SI«JLl so 0 (26.r Phone: 3c,5-- 7 y o G,/ F Address: Avc Work To Be Performed By(check one): Contractor Owner/Builder Contractor: Phone: l Address: This application is for the removal of(be specific): E 7r /- (L. }AI T /V/+&1') U 21,11t2 7-(V 0 LAe- Use of property(check one): Commercial -Residential z Signature of Contractor/Qualifier Signs e o Notary: No KA MY COMMISSION*DD5153W- VT wo copies of site plan and/or tree survey must be included.Cdev A 3'� �1� EXPIRES: eb.6,2010 ✓Depending on the type of tree(s),the fee for a tree removal permit is$5 . (40 A This permit may be approved with conditions, limitations, and/or restrictions. Tree survey or site plan must be attached (2 copies). PLANNING &ZONING DEPARTMENTAL APPROVAL YES NO Does this application involve a Natural Forest Community? Does this application involve protected and/or specimen trees? Has this application been incomplete for 120 days or more? Effective Expiration Approved? Date: Date: If yes,by: Conditions,limitations,restrictions, if any: South Miami `s I All-America City L � r t / 2001 MAYOR: Mary Scott Russell CITY MANAGER: Maria V.Davis VICE MAYOR: Velma Palmer CITY ATTORNEY:Nagin Gallop Figueredo COMMISSIONER: Randy G.Wiscombe CITY CLERK: Maria M.Menendez COMMISSIONER: Marie Birts-Cooper COMMISSIONER:.. Craig Z.Sherar CITY COMMISSION AFTER ACTION SUMMARY Meeting date: January 4, 2005 6130 Sunset Drive, South Miami, FL Next Special Meeting Date: January 12, 2005 - Next Regular Meeting Date: January 18, 2005 Phone: (305) 663-6340 Time: 7:30 PM CONSENT (None) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) (None) RESOLUTION (S)/PUBLIC HEARING (S) 4 . A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4 .4 (B) (10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4 . 4 (F). (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (Deferred 12/07/04 & 12/21/04) (The request for these two parking variances was denied 9121104 on a 4-1 vote) (Commissioner Birts-Cooper) Moved by Commissioner Sherar, seconded by Commissioner Birts-Cooper, the motion to approve this item failed by a 3-2 REGULAR CITY COMMISSION 1 AFTER ACTION SUMMARY - January 4, 2005 1 X04 23:36 3056664591 PAGE 02 CITY OF SOUTH MIAMI s� Planning&Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33 143 Phone: 305.663.6326 or 6347; Fax: 305.666.4591 APPLICATION FOR TREE REMOVAL Project Address: 0 2'30 5(,✓ -76 -5 South Miami Florida Property Owner: 0 Phone: ��-- �y© Address: tb '4-J 5-2- A �� (/�} l G -33/ Y3 Work To Be Performed By(check one): Contractor OwnerBuilder Contractor: Phone: Address: This application is or the.removal of(be specific): Use of property(check one): Commercial rl sidenti Signature of Contractor/Qualifier ignature of fro urY'Py ALICE JEAN C FT ; = MY COMMISSION# 175300 Notary: Notary: - N 1,2007 Banded Th.Notary Public Undeiwwriters Two copies of a site plan and/or tree survey must be included. Depending on the type of tree(s),the,fee for a tree removal permit is $40.00. This permit may be approved with conditions, limitations, and/or restrictions. Tree survey or site plan must be attacked(2 copies). PLANNING &ZONING DEPARTMENTAL APPROVAL YES NO i Does this application involve a Natural Forest Community? Does this application involve protected and/or specimen trees? Has this application been incomplete for 120 days or more? u�v Effective Expiratio Approved? Date: r a Date: If yes, by: Conditions, Urnitations, restrictions, if any: 1 South Miami ± ©UZ� Florida WAssfics ON f� • INCORPORATED • JC• 1927 2001 CITY OF SOUTH MIAMI PLANNING DEPARTMENT Tree Removal Permit Conditions January 12,2006 Applicant: Skin Source Inc. Project address: 6230 SW 70 Street South Miami, F133143 APPLICANT'S REQUEST: The applicant has filed for a tree removal permit for the removal of 1 specimen Live Oak. The permit is approved with the following conditions: 1. Applicant replaces canopy with 2 Live Oaks 2"DBH and 12' in height or, 2. Applicant replaces canopy with 1 Live Oak 4"DBH and 16' in height and, 3. All newly-planted plant material shall be watered by temporary or permanent irrigation system until such time as they are established and, 4. All plants installed shall conform to, or exceed, the minimum standards for Florida Number One as provided in the most current edition of:Grades and Standards for Nursery Plants, Part I and Il," prepared by the State of Florida Department of Agriculture and Consumer Services and, 5. Failure to plant, preserve, or maintain each individual tree shall be considered a separate violation of this Code and, 6. The trees are not removed until the ERPB has issued its final approval for the site plan. I7(tV(I- legal owner/agent of the above referenced project agree with t nditions placed on th tree removal permit. r-_ t �/-7 40 Ci ignature Da rn to s bscribed to e this 7 day of 12006 9Ip . >- e is Nota MARIA All.M€fVENbEz My commission expires: " MY COMMISSION# 01)271979 of Ot EXPIRES:March 16,2008 C:\Documents and Settings\Lkruger\Desktop\Planning\Tree 1 N 6 w70%NaWf3U9btn4A )Qtbc 6130 SUNSET DRIVE SOUTH MIAMI,FL 33143 TEL: 305-663-6358 ♦FAX:305-666-4591 CJ t - i� av* Olf- -H-- A- ,' -�_ ��.T_•moo T�_: � <� � r �� s � `• �� t 35. . C r �• 4-On ✓ "_� x,98'-_�,. _. ,..w�� S.W_ 70 STREET, 16 PAVEMEN ' 7- co ? LANDSCAPE PLAN WERNER �IE°fEOe �,I�1® ��®`/1/��N E� SCALE B EET�03-16-DU4 6230 SW 70 STREET LANDSCAPE ARC9�ITECTS/PLANNERS A.SrL.A. �°° T I POST OFFICE BOX 562136 MIAMI,FLORIOA 33166 TEL. acs-661-BABE I REVISIONS _ . PLANT LISA', LEGEND SYMBOL QUANTAAME NATIVE Y/N SIZE BS 2 BURSERA"SIMAROUBRA Y 12'X 6,6'C.TR. Gumbo Limbo CTM 5 CORDYLINE TERMINALIS Me.ANDRE N - 3'+TRANSPLANT . , Red Tl Plant DE 40 DURANTA ERECTA Y 2 1/2'X 2'BUSHY Golden Dew Drop DM 3 DRACAENA MARGINATA N 31,3 HEADS+ .Red Edge Deacaena MP 35 MURRAYA PANICULATA N 2'X 1 1/2', BUSHY Chalcos,Orange Jasmine PSC 66 . .POLYPODIUM SCOLOPENDRIA Y 6"POTS, FULL Wart Fern Qve 2 QUERCUS VIkGINIANA Y 24"CALIP. EXIST Live Oak QV* 1 QUERCUS.VIRGINIANA Y '8"CALIP. MOVE Live Oak " SP 2 SABAL PALMETTO Y 12'&1.8'C.TR. Florida Cabbage Palm. STL 8 SANSEVIERIA TRIFASCIATA LAURENT. N 1 'h'- 2',BUSHY Snake Plant TF f 14 TRIPSACUM_FLORIDANUM. Y 1 V, BUSHY Gama Grass Sod and Mulch as Indicated FASTEN BATTENS WITH 2-13/41' 1 HI CARBON STEEL BANDS.1No NAILS INTO PALM. WONT OF BATTENS , 1' /.- ACCORDING TO HIGITT OF TREP TO GIVE PROPER LEVERAGE. i S 1/AYERS OF BURLAP HIN. S- 2x 4x' 16" BATTENS STEEL BANDS r•• l� 11.�( '�• �.p ;Jl ti' TOE NAIL BRACE /illy !1,. "t \\�f•- ( TO BATTEN (41, 3- 2x 4 BRACES. @ 1200, NEV LUMBER HEAVY PALM OVER ZS''4 BRACES @ 90• R 3"`MULCH _ HIM. 4" BERM _ 2x A,BRACE STOP, 18" LONG GRADE , t.w 12' If PLANTING SOIL• =L I '.' • $� n HIM. -EXCAVATION ' • �u .STAKING FOR PALMS AND TREES 11111. CLEAR*AT TIRE OF PLANTING 4" BERM 219 IIULCH 6"x 8" CONC. MOWING. - SHRUB hGROUNDCOVER STRIP 1t.. D AD.IA .N'T PAVED AREA PLANTING SOIL AS SPECIFIED - . . :SHRUB, AND GROUNDCOVER PLANTING '. SCALE 1/B'•i'-0' SHEET .LANDSCAPE PLAN' WERNER DIETED AND ASSOCIATES 6230 SW 70 STREET LANDSCAPE ARCHITECT'S/PLANNERS A.S,L.A. i �oMM. Zo,+ tATI 3,8-. PEVISIONS ' POST OFFICE BO% 682136 MIAMI,FLOFlIOA 331fi6 TEL. •sC5-681-8468 I � City of South Miami PLANNING & ZONING DEPARTMENT DATE: k ' CHECK NO: PROJECT NAME: 4'rc Z 1—Ir yls-s r4 'F c�3 sg ADDRESS: S�v �� PHONE NO: 03.41.300. ERPB HEARING FEES($450;$350;$150;$50) 03.41.300 DUMPSTER/CONSTRUCTION TRAILER AGREEMENT($50.00) 03.41.300 NEW SRACK APPLICATION FEE($50.00) [Plus$10.00 per Newsrack] 03.41.300 OUTDOOR DINING/SEATING PERMIT($250 per year) (public sidewalks only)(waived first year) 03.41.300 TEMPORARY SIGN PERMIT($35/each time) 171"Issuance;Renewals: ❑2"d❑3rd 03.41.300 TREE REMOVAL PERMIT($40.00) 03.41.300 SIDEWALK SALES($35/each time) 02.19.161 (A)ZONING HEARING AD FEE......................... ..($1,00 03.41.200 ZONING HEARING ADMIN FEES................. .....($500) —4L a(/ [VARIANCES, CLOSING OF PUBLIC RIGHTS=OF-WAY, 0 (TOTAL$1,500) AND WAIVER OF ROW IMPROVEMENTS] 02.19.161 (B)ZONING HEARING AD FEE......... ..................($1,000)9t;_W 03.41.200 ZONING HEARING ADMIN FEES.....................($750)- — (Special Uses; Special Exceptions) (Total$1,750) 02.19.161 REZONING APPLICATION (less than 10 acres)..........($1750) 02.19.161 REZONING APPLICATION (more than 10 acres).....($13,500) 02.19.161 LDC.TEXT AMENDMENT AD FEE........................($1,000) 03.41.200 LDC TEXT AMENDMENT ADMIN FEE ..................($750) (Total$1,750) 02.19.161 COMPREHENSIVE PLAN AMEND AD FEE............$15,000) 03.41.200 COMPREHENSIVE PLAN ADMIN FEE..................($5,000) (Total$20,000) 02.19.161 ADMINISTRATIVE WAIVER AD FEE.......................($50) 03.41.200 ADMINISTRATIVE WAIVER FEE...........................($450) (Total$500) 02.19.161 PUD/MAJOR CHANGE LEGAL ADS($1,000) 03.41.200 PUD/MAJOR CHANGE ADMIN FEE($2,000) �..; 03.41.200 PUD MINOR CHANGE ADMIN FEE($1,000) 0" 03.41.200 WAIVER-OF-PLAT APPLICATION($3,000) .03.41.400 REQUEST FOR MICROFILM RESEARCH($25.00) 03.41.400 MICROFILM Reader/Printer copies($7.50/each image) 03.41.400 MICROFILM REPRODUCTION($15.50/each) �,. 02.19.162 MICROFILM REPRODUCTION($'.9.50/each) r5 x; 02.19.162 BLUEPRINT MAPS AND OTHER MAPS [Zoning Maps,City Official Maps,Future Land Use Maps,G.I.S.Maps] 03.69.920 LDC,COMP PLAN&ALL PHOTOCOPIES C-; [$0.15 per single-side copy; $0.20 per double-sided copy] TOTAL (/ 02.19.162 Blueprints and Other Malts: 03.69.920 LDC.Comp Plan,Photocopies: Small Zoning Map $2.68 (Tax Included) Land Development Code $5330 (Tax Included) Small Official City Map $168 (Tax Included) Comprehensive Plan $33.71 (Tax Included) Large Official City Map $3.75 (Tax Included) Hometown Regulations $ 4.49 (Tax Included) Land Use Color Map $4.28 (Tax Included) Census Data Packet $ 2.41 (Tax Included) o° Custom G.I.S.Map $10.05(Tax Included) All Charrette Booklets FREE (No charge at all) in \\MCGRUFF\PLANNING\Focros\RECEIPI'FORMS\Receipt form UPDATED-REV 01-15-03.doc t S (3r'K zs,g?T� "e NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 666-4591 On Tuesday, July 13, 2004 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-04-011 Applicant: Dr. Arthur Kolsky Location: 6230 SW 70`h Street A RESOLUTION OF THE MAYOR &.CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70`' STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. SY i NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 666-4591 On Tuesday, July 13, 2004 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-04-011 Applicant: Dr. Arthur Kolsky Location: 6230 SW 70th Street . A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70th STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. This W rranty Deed Made this 9th day of June A.D. 2000 by Martha Milian Gonzalez hereinafter called the grantor, to Skin Source, Inc., a Florida Corporation whose post office address is: 8220 S.W. 52 Avenue Miami, Florida hereinafter called the grantee: (Whenever used herein the term "grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the stmt of$ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises, releases, conveys and confirms unto the grantee, all that certain land situate in Dade County,Florida,viz: The West 54 feet of the North 88 feet of the East 137 feet of the North 150 feet of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, of Section 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida. SUBJECT TO Covenants, restrictions, easements of records and taxes for the current year. I (we) , Grantor(s) , by his execution hereof, hereby ratify and confirm that the property is not now, at no time has been or was intended to be the homestead property of the Grantor(s) , nor of any family member of the Grantor(s) , nor is it adjacent of contiguous thereto and that Grantor(s) reside at: 6740 S.W. 67 Street, So Miami, Parcel Identification Number: 09-40250000600 Fla. 33143 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 99 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed d delivered in our presence: 4 'IF":": Martha Milian onza ez r,ta -&Add: LS �&Addrm LS arne: ame rus: n State of Florida County of Dade The foregoing instrument was acknowledged before me this 9th day of June 2 0 0 0,by Martha Milian Gonzalez who is personally known to me or who has produced as identification. Florida Driver License OFFICIALNOTARYSFA MARIACROSS L NOTARY FL iCS)A FLORIDA ��_�2�CO NO.CC847433 MYCOMMISSIONEXP. Y19 Notary Public Print Name: I'o\x—r-ta My Convnission Expires: PREPARED BY: mg RECORD & RETURN TO: ENCYTARY OTARYSEAI Union Title Services, Inc. AGROSS WD-1 218 Almeria Avenue 7 tifF.OFFLORIDA 5/93 !;v'O.CC8474M Coral Gables, Florida 33134 le No:00-4-030A hi a- P. LY 19 South Miami °� All-America City V e " t 2001 Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami,Fl.33143 (0)305-663-6326 (F)305-666-4591 Dr. Arthur Kolsky 6280 Sunset Drive Suite 611 South Miami, FL. 33143 July 2, 2004 RE: Planning Bd. Application: PB-04-01111' Variance Request 6230 SW 70th Street. Dear Dr. Kolsky: This communication is to inform you that the above parking variance application for an office building in the "RO" Residential Office zoning use district, specifically located at 6230 SW 70th Street has been scheduled for public hearing at the Planning Board's July 13, 2004 meeting_, which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. T Sincerely yours, Don O'Donniley, AICP Planning Director DOD/SAY E:\PB\PB Adverts Notices\2004 Ads&Notices\7-13-04\Applicant's Notice PB-04-01 1.doc South Miami Ali-America City .................. f r 200] CITY OF SOUTH MIAMI BUILDING, ZONING & COMMUNITY DEVELOPMENT DEPT. PLANNING AND ZONING DIVISION TELEPHONE 305.663.6326 FAX 305.666.4591 FAX COVER SHEET DATE: 2 , 2- 00y FAX#: m QS -I D ' TO: O I s I< y ATTN: FROM: RE: �� a.�r1; y') '—E Y M 13 C � '�y - ►�� PAGES (INCL. COVER) COMMENTS: Ilia defer JAMy DocumentsWormsTAX COVER-PLANNING.doc TRANSMISSION VERIFICATION REPORT TIME 07/02/2004 12:13 NAME FAX 3056664591 TEL SER.# BROF2J504552 DATE DIME 07/02 12:13 FAX N0./NAME 3057406140 DURATION 00:00:31 PAGE(S) 02 RESULT OK MODE STANDARD ECM so U T South Miami Al All-America City v � INCORPORATED 1927 CoRty 2001 CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor& Date: August 17,2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager 6230 SW 70th Street RESOLUTION A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Dr. Arthur Kolsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated"RO" Residential Office Zoning Use District. The City Commission at its August 3, 2004 meeting deferred action on the request. The staff was requested to provide a more detailed history of the property's Comprehensive Plan land use category assignment and zoning. That information is contained below in a new section entitled Zoning History. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-4.4(B) "Parking Requirements" • Land Development Code Section 20-4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6.1(B)(3)(h) "Planning Board Duty" (2) ZONING HISTORY In 1982, as part of an overall updating to the Comprehensive Plan sponsored by the City, the future land use category covering this property was changed from Public/ Semi- Public to Office. In 1988, as part of the preparation of a new Comprehensive Plan, the City re-designated the subject property with the future land use category: Residential Office. The zoning classification remained RM-24, High Density Residential. In order to use the existing single family residence as a real estate office and to make the property conform to the new Comprehensive Plan future land use category the owner Mr. Robert Strickland, filed an application to change the out-of date zoning district from RM-24 to RO, Residential Office. The City Commission at its July 8, 1988 meeting granted approval of the request. The issues related to preserving trees and parking spaces were discussed prior to approving the zone change request. In December 1988,the applicant applied for a series of variances in order to permit use of the building as an office. Theses variances included waiving of parking requirements, variances needed due to the specific site plan submitted at that time, and variances needed to waive requirements in the Code which are no longer applicable. The variances were recommended for denial by the Planning Board. The City Commission at its January 3, 1989 meeting denied all of the variances requested. BACKGROUND (1) The subject property is a single family residential building which is a legal non- conforming structure (dimensions substandard). The property may continue to be used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic. North of the property (RS-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west/ south of the site (RM-24) is an apartment building and a tennis court. (3) The parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for commercial offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental or other health related uses would not be able to locate in this building due to a higher number of spaces required. (3) The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resultiny,in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district. The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS/RECOMMENDATION • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. The applicant also points out the requested will allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of-the subject property. The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of commercial offices will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances for 6230 SW 701h Street be approved subject to the following condition: commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. (4) PLANNING BOARD ACTION The Planning Board at its July 13, 2004 meeting adopted a motion by a vote of 4 aye 1 nay to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. RECOMMENDATION It is recommended that the variances requested be approved with the conditions recommended by the Planning Board: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. Attachments Draft Resolution LDC Applicable Regulations Location Map Application Letter of Intent/Justification Survey, Proposed Site Plan Planning Board Minutes 7-13-04 Excerpt Copy of Public Notices MD/DOD/SAYi� E:\Comm It ms\2004\8-I T04\Variance 6230 SW 70 Str Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE 9 LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE 10 THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 11 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO 12 BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO 13 ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB-04-011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Kolsky, said application requesting approval for : (1) a variance from 18 Section 20-4.4(b)(10) of the Land Development Code to allow four off-street parking spaces 19 where the required off-street parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) 20 of the Land Development Code to allow required parking to be located in the front setback area 21 which is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI,FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Kolsky requesting approval for : (1) a variance from Section 20-4.4(b)(10) of the 35 Land Development Code to allow four off-street parking spaces where the required off-street 36 parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) of the Land Development 37 Code to allow required parking to be located in the front setback area which is prohibited in the 38 RO zoning use district is hereby approved with the following conditions: 39 40 (1) Commercial offices including but not limited to medical, dental, health related uses, day care 41 centers, and any other similar use which has the same required parking are prohibited from 42 locating in the subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this ,day of 52004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts-Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 E:\Comm Items\2004\8-3-04\6230 SW 70 Variance Resol.doc ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parkine Requirements Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.31). Where fractional spaces result,the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms,plus an additional visitor space for every ten(10)units. (4) One(1) space per guest room,plus two (2) spaces for the reception office. (5) One and three-quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred(100) square feet of gross floor area. (8) One (1) space per one hundred fifty (15 0) square feet of gross floor area. (9) One (1) space per two hundred(200) square feet of gross floor area. (10) One (1) space per two hundred fifty y 250) square feet of gross floor area. (11) One (1) space per three hundred(300) square feet of gross floor area. (12) One(1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand(1,000) square feet of gross floor area. (15) One (1) space per four(4) seats or seating places. (16) Five (5) spaces per alley or five hundred(500) square feet of rink area. • Land Development Code Section 20-4.4 (F)(3) Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1)ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten(10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a_specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship Won the owner of such property as distinguished from reasons of convenience profit or caprice. 4. 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE 9 LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE 10 THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 11 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO 12 BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO 13 ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 was submitted to the Planning Board by the 16 WHEREAS, Application No. PB-04-011 17 applicant Dr. Arthur Kolsky, said application requesting approval for : (1) a variance from Section 18 20-4.4(b)(10) of the Land Development Code to allow four off-street parking spaces where the 19 required off-street parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) of the 20 Land Development Code to allow required parking to be located in the front setback area which 21 is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI,FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board b )( applicant 34 Dr. Arthur Kolsky requesting approval for : (1) a variance from Section 20-4.4(b)(10) of the 35 Land Development Code to allow four off-street parking spaces where the required off-street 36 parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) of the Land Development 37 Code to allow required parking to be located in the front setback area which is prohibited in the 38 RO zoning use district is hereby approved with the following conditions: 39 40 (1) Commercial offices including but not limited to medical, dental, health related uses, day care 41 centers, and any other similar use which has the same required parking are prohibited from 42 locating in the subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this ,day of 52004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts-Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 EAComm Items\2004\8-3-04\6230 SW 70 Variance Resol.doc (15) One (1) space per four(4) seats or seating places. (16) Five (5) spaces per alley or five hundred(500) square feet of rink area. • Land Development Code Section 20-4.4 (F)(3)Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1)ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten(10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good ca-use shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers_and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. i ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parking Requirements Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.31). Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit,provided that at least one (1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms,plus an additional visitor space for every ten(10) units. (4) One(1) space per guest room,plus two (2) spaces for the reception office. (5) One and three-quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred(100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One (1) space per two hundred (200) square feet of gross floor area. (10) One (1) space per two hundred fifty (250) square feet of gross floor area. (11) One (1) space per three hundred (300) square feet of gross floor area. (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand (1,000) square feet of gross floor area. 7uf koJry Naxiny 6alon for�n � Women 27 9Se 6esl&jvpean max in lie S'roue 0 � r 4 r N omen LO Full bikini with buttock..........$20 } Full legs&bikini line...........PO Eyebrows..........................x$`10 o ✓IGePl g a w Z Back&Shoulders...............$20 Full brief............................$35 s I - 1 i Chest&Stomach................$2S xem.5fnnr<alpaclaf.: „ w yearly maiafenance for one lom price Z')Sypay more?'visit as 16 day! ; N Luna Katzutra I o 3107 commodore%laza•�'ioconul✓-roue . a v Oef)305-774-1788 v i 3 g Mini COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA 13 j W On Tuesday, August 3, 2004, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: 1.A RESOLUTION PERTAINING TO A WAIVER OF PLAT RELATING TO 4 A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AT 6706 SW 67 AVENUE,SOUTH MIAMI,FLORIDA. 2.A RESOLUTION RELATING TO A REQUEST FOR APPROVAL OF TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" (RESIDENTIAL OFFICE) ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING. ! . Maria M.Menendez City Clerk For more information please contact the Planning Department at:663-6326:. iI i Get the UMAdvantage-P ! - I(Math and verbal review t(Small classes arTest-taking strategies if Expert instructors l�Practice tests Er Competitively priced Courses also available for. For a brochure;call PSAT,ACT,SAT II,and individual tutoring 305-529-3999 j } I UNNERSITYOF E DIVLStON OF CONTINUING STUDIES 9 ' DREAM l WATCHES. DOWN TO f EARTH PRICES. Come see our large I selection of New tand Pre-Owned Swiss I Timepieces including Rolex, , CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, September 7, 2003 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A. REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT. SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND ROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning Department at 305-663-6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings,and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. City of South Miami 6230 SW 70th Street s 6611 6610 6611 6610 6611 6610 6621 0 T66 6621 6620 6621 6620 U 6631 0 0 � 6620 6621 Q 6631 6640 6631 6630 6,6630 6631 Q 6701 y 0 6641 6700 6701 6700 6701 6700 6711 0 6701 6711 6710 6711 6710 6711 6710 6721 6718 6720 6721 6720 6721 6720 6721 4 CC) 6731 6730 6731 6730 6731 6730 6731 CD SW 68TH ST ov 6300 6801 6800 6801 6800 6802 60-0 6370 6350 6812 r. M M 6840 6815 6810 6825 6820 5950 00 c"c m m cO 6303 6825 ti 6820 984 oo�0 00 0 6g� o 9901 O o 0 0 0 6910 crn° o00 6917 v p°n c v O N o C. o 6912 6240 6230 m m ifl cc co 6930 6925 0 0 co 6950 0 6929 L M (D 6931 1 0 v N �' 0 coo 6941 co°j� N N 94 6941 co c`-o is co cc ° co 6970 6941 m cfl 70TH ST 0 7000 r> 0 70p9 7020 7001 7000 7001 0 000 0 0 7040 7011 7020 7021 co 7010 7015 1000 U Cn 7101 7021 7030 7041 7030 F—Z71 7105 0 0 E7171 Cn 7031 7040 p 7040 `�7101 7111 7107 SUBJECT 7110 7110 Q 7111 7115 7114 7111 PROPERTY 0 7120 s0 �12� 6201 N 0� 0 (0 L V) m 6341 m IL cCDn cNO 3: SW 72ND ST 0 6180 '�' �o O 633 32 6310 CO to to m o� ooh. 7223 J t 7230 7231 0 7231 °o `�° N N M a 7243 7240 Q '' 7251 04 u° 7311 7240 7301 7248 cD 7311 7340 7310 7313 7320 n 7300 7321 7320 7321 7331 7330 733 7330 -4 z° M W 7341 7340 6331 7340 n o 0 300 600 900 1,200 1,500 Feet 5o U r� South Miami F r Ail-Americaft INCORPORATED 1927 A �OR19 2001 CITY OF SOUTH.MIAMI To: Honorable Mayor,Vice Mayor& Date: September 21,2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager 6230.SW 70th Street RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Dr. Arthur Colsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in a small isolated"RO"Residential Office Zoning Use District. The City Commission at its August 3, 2004 meeting deferred action on the request. The staff was requested to provide a more detailed history of the property's Comprehensive Plan land use category assignment and zoning. That information is contained below in a new section entitled Zoning History. The City Commission at its August 17, 2004 granted a deferral of the item until the next Commission meeting. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-4.4(B) "Parking Requirements" • Land Development Code Section 20-4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6.1(B)(3)(h) "Planning Board Duty" (2) ZONING HISTORY In 1982, as part of an overall updating to the Comprehensive Plan sponsored by the City, the future land use category covering this property was changed from Public/ Semi- Public to Office. In 1988, as part of the preparation of a new Comprehensive Plan, the City re-designated the subject property with the future land use category: Residential Office. The zoning classification remained RM-24, High Density Residential. In order to use the existing single family residence as a real estate office and to make the property conform to the new Comprehensive Plan future land use category the owner, Mr. Robert Strickland, filed an application to change the zoning district from RM-24 to RO, Residential Office. The City Commission, at its July 8, 1988 meeting, granted approval of the request. The issues related to preserving trees and parking spaces were discussed prior to approving the zone change request. In December 1988,the applicant applied for a series of variances in order to permit use of the building as an office. Theses variances included waiving of parking requirements, variances needed due to the specific site plan submitted at that time, and variances needed to waive requirements in the Code which are no longer applicable. The variances were recommended for denial by the Planning Board. The City Commission at its January 3, 1989 meeting denied all of the variances requested. . BACKGROUND (1) The subject property is a single family residential building, which is a legal non- conforming structure (dimensions are substandard). The property may continue to be used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic,just west of the subject site.North of the property (RS-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM-24) is an apartment building and a tennis court. (3) The parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for general offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental, or other health.related uses would not be able to locate in this building due to a higher number of spaces required. (3) The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area. Parking in the required front setback is allowed in all but one zoning district. The RO zoning district does.not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS/RECOMMENDATION • The applicant's claim. of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. • The applicant also points out the requested variances will allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of the subject property. • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of office uses will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances for 6230 SW 70th Street be approved subject to the following condition: commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. s' (4) PLANNING BOARD ACTION The Planning,Board at its July 13, 2004 meeting adopted a motion by a vote of 4 aye 1 nay to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. RECOMMENDATION It is recommended that the variances requested be approved with the conditions recommended by the Planning Board: (1) Commercial offices including but. not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. Attachments Draft Resolution LDC Applicable Regulations Location Map Application Letter of Intent/Justification Survey, Proposed Site Plan Planning Board Minutes 7-13-04 Excerpt Copy of Public Notices MD/DOD/SAY E:\Comm Items\2004\9-7-04\Variance 6230 SW 70 Str Report.doc 1 \mac 2 RESOLUTION NO. 3 4 A RESOLUT OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, LATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING V CES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH I 7 STREET IN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A g e0W1X=2aG1AL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE 9 LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE 10 THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2)VARIANCE FROM SECTION 11 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO 12 BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO 13 ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 46 WHEREAS.,_Application No. PB-04-011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Colsky, said application requesting approval for : (1) a variance from 18 Section 20-4.4(b)(10) of the Land Development Code to allow four off-street parking spaces 19 where the required off-street parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) 20 of the Land Development Code to allow required parking to be located in the front setback area 21 which is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI,FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Colsky requesting approval for : (1) a variance from Section 20-4.4(b)(I0) of the Land 35 Development Code to allow four off-street parking spaces where the required off-street parking is 36 five spaces and: (2) a variance from Section 20-4.4(f) (3) of the Land Development Code to 37 allow required parking to be located in the front setback area which is prohibited in the RO 38 zoning use district is hereby approved with the following conditions: 39 40 (1).£'e v&rsial Offices including but not limited to medical, dental, health related uses, day care 41 centers, and any other similar use which has the same required parking are prohibited from 42 locating in the subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 C3) C L- -- �r 47 B�G� _ �R . f 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this ,day of , 2004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 15 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts-Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 E:\Comm Items\2004\8-3-04\6230 SW 70 Variance Resol.doc South Miami !M-AmericaChy i C:G 2.cl iiATEi:�. 7 , Ck {� 2001 Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami,Fl.33143 (0)305-663-6326 (F)305-666-4591 Dr. Arthur Kolsky 6280 Sunset Drive Suite 611 South Miami, FL. 33143 November 24, 2004 RE: Variance Request 6230 SW 70th Street. Dear Dr. Kolsky: This communication is to inform you that the above parking variance application for an office building in the "RO" Residential Office zoning use district, specifically located at 6230 SW 701h Street will be reconsidered by the City Commission at its December 7, 2004 meeting, which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall, Attached for your information is a staff report which addresses the reconsideration issue. Sincerely yours, Don O'Donniley, AICP Planning Director DOD/SAY EAComm Items\2004\12-7-04\Applicant's Notice 6230 SW 70.doc L\ 11 i S o U T� South Miami 1 04 �r Al � All-AmericaCity U t v -� INCORPORATED 1927 2001 A F T CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor& Date: December 7,2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager 6230 SW 70th Street Reconsideration RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE RECONSIDERATION The City Commission at its November 16, 2004 meeting approved a motion to reconsider its vote on the above described variance application. The application was denied by the Commission on September 21, 2004. The Land Development Code provides the following regulations pertaining to the Commission's reconsideration of an item which was subject to a public hearing: Section 20-6.1(3)(e) "When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action (removed: when denied without prejudice) except in which case reconsideration is possible after six (6) months for the date established for the prior hearing at the request of the majority of the commission" s (2) The Planning Director's interpretation of the above section is that a reconsideration of a denied application can be reconsidered if the majority of the City Commission approves. However the actual reconsideration of the case must be scheduled no earlier than six months after the denial,which would be in April, 2005. This type of regulation requiring a one year or six month delay is very common in most zoning codes. It's purpose is primarily to protect neighborhoods from having to return meeting after meeting to oppose or support a particular application. Independent of this regulation the City Commission may have authority to reconsider its vote. REPORT ATTACHED The Administration is concerned about the precedent set if a reconsideration of a denied zoning application is permitted without the proper time span as specified in the Land Development Code. This could be used as a tactic to wear down opposition. If the Commission proceeds with reconsidering the item, the Administration's report from the September 21, 2004 meeting is attached. It is important to note that the Planning Board and the Planning Department both recommended approval of the variances with conditions. That recommendation still stands. Staff will support the variance if heard on April 5, 2004. Attachments Copy of 9-21-04 Reort Copy of Public Notices MD/DOD/SAY E:\Comm Items\2004\12-7-04\Variance 6230 SW 70 Reconsideration Report.doc CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, December 7, 2004 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning Department at 305-663-6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings,and that for such purpose,affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct a Public Hearing during its regular City Commission meeting on Tuesday, September 7, 2003 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN . "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND ROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning Department at 305-663-6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. City of South Miami 6230 SW 70th Street s 6611 6610 6611 6610 TOO 6621 0 � 6616 c° 6621 6620 6620 U 6631 6621 6632 Q 6631 6630 6640 6701 6631 -0 6700 6641 6700 6701 6700 N 6711 0"ct co 6701� 6711 6710 6711 6710 � 6721 6718 B720� 6721 6720 6721 4 co 730 6731 6730 6731 SW 68TH ST 0 ° 6300 6801 6800 6801 q82 6802 6g$0 6370 6350 � 6812 f m 6840 6815 6810 6825 5950 C`c m m CO 6303 6825 6820 co 61 rn o �p3 w Cog b0' 01 6910 M M 69 0°'�O 6917 p°n v 0v o N 0 0 cp CD N N 6912 8240 6230 m ca cc 6930 6925 0 Jo CO 6929 6950 �v rn 6931 1 N 0 c N o 0 0 6`41 COQ 6941 m LD 940 6941 C°. cc co Cm cc — Ca 6970 70TH ST 0 7000 9 � r� 0 700 _ 7020 7001 7000 7001 N 000 M 7040 M ° 7011 7020 0 7021 7010 7015 j000 ~ U 7021 7030 7041 7030 7101 F- 109 7105 N' O 7051 f/1 7090 7031 �' o � > 7040 0 7040 7107 SUBJECT ^LO > 7171 7110 Q = 7101 7111 7110 7110 PROPERTY ° ~ 7111 7115 7114 7111 M 61161 161 p 7120 7121 6201 N 6101 M 0 0 6341 c`nc M O N `�`D SW 72ND ST 6180 yo 0" 633 32 6310 co �o`� 0 . 7223 `n', J m 7231 0 7231 °o CCD r N ° 7230 7243 7240 ti cc 7251 N to 7240 7248 N 7311 7301 N C° 7311 7340 7310 7313 7320 7300 7321 7320 7321 7330 33 7330 -4 e° 7331 w 7341 7340 6331 7340 ° 0 300 600 900 1,200 1,500 Feet From: Menendez, Maria Sent: Tuesday, November 23, 2004 10:04 AM To: Youkilis, Sanford At this time, Commissioner Birts-Cooper moved to reconsider the vote of the parking variance resolution for the property located at 6230 SW 70t" Street and to place back on the agenda at the next meeting. Commissioner Sherar seconded the motion. The motion to reconsider passed by a 4-1 vote: Commissioner Wiscombe: Yea Commissioner Sherar: Yea Vice Mayor Palmer: Nay Commissioner Birts-Cooper: Yea Mayor Russell: Yea Maria M. Menendez City Clerk 6130 Sunset Drive South Miami, FL 33143 Tel: 305-663-6340 Fax: 305-663-6348 Email: mmenendez Ca.cityofsouthmiami.net t .O'Donniley,Don From: Luis Figueredo [Ifigueredo @ngf-law.com] Sent: Friday, November 19, 2004 12:42 PM To: dodonniley@cityofsouthmiami.net Cc: mmenendez @cityofsouthmiami.net Subject: Motion for Reconsideration Don, Robert's Rules of order under the Section entitled "Calling up the Motion for Reconsideration" provides in pertinent part.: So long as business is not unreasonably delayed and the mover of reconsideration acts in good faith, he is entitled to have it take place at a time he feels will make for the fullest and fairest reexamination of the question. Furthermore, Roberts specifically provides that a motion to reconsider can be raised when no question is pending at any regular or adjourned meeting or at any special meeting. Thus there is authority pursuant to Robert's to call the question to reconsider beyond the next scheduled meeting. Robert's defines the effect of a motion to reconsider as a suspension of all action that depends on the result of the vote. Accordingly, the effect of the motion to reconsider suspends the denial of the variance. The LDC contemplates simply bringing the matter back for reconsideration. It does not contemplate a scenario where the Commission votes to reconsider it's prior vote. This section only addresses a scenario where the commission elects to bring the,item back. Under that scenario an item cannot come back for six months without a request by the majority of the commission. However, under this scenario the Commission has not voted to suspend it's prior vote. Under Robert's Rules a motion to reconsider suspends the action taken by the commission. As such the denial or failure to pass is suspended and this section does not apply.. 1 ` So U T� South Miami 0 All-AmeficaCity U INCORPORATED 1927 pp L p RSA 2001 CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor& Date: December 7,2004 Commission Members i ITEM No. From: Maria Davis - 1 Re: Variance Request City Manager 6230 SW 70th Street Reconsideration RESOLUTION A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE. DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO .ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE RECONSIDERATION The City Commission at its November 16, 2004 meeting approved a motion to reconsider its vote on the above described variance application. The application was denied by the Commission on September 21, 2004. The Land Development Code. provides the following regulations pertaining to the Commission's reconsideration of an item which was subject to a public hearing: Section 20-6.1(3)(e) "When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action (removed: when denied without prejudice) except in which case reconsideration is possible after six (6) months for the date established for the prior hearing at the request of the majority of the commission" f 1 (2) The Planning Director's interpretation of the above section is that a reconsideration of a denied application can be reconsidered if the majority of the City.Commission approves. However the actual reconsideration of the case must be scheduled no earlier than six months after the denial, which would be in April, 2005. This type of regulation requiring a one year or six month delay is very common in most zoning codes. It's purpose is primarily to protect neighborhoods from having to return meeting after meeting to oppose or support a particular application. Independent of this regulation the City Commission may have authority to reconsider its vote. REPORT ATTACHED The Administration is concerned about the precedent set if a reconsideration of.a denied zoning application is permitted without the proper time span as specified in the Land Development Code. This could be used as a tactic to wear down opposition. If the Commission proceeds with reconsidering the item, the Administration's report from the September 21, 2004 meeting is attached. It is important to note that the Planning Board and the Planning Department both recommended approval of the variances with conditions. That recommendation still stands. Staff will support the variance if heard on April 5, 2004. Attachments Copy of 9-21-04 Reort Copy of Public Notices MD/DOD/SAYJ,.,�W tt�I E:\Comm liems\200412-7-04\Variance 6230 SW 70 Reconsideration Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN A "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND 9 DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE 10 REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 11 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE 12 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING 13 USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB-04-011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Colsky, said application requesting approval for : (1) a variance from 18 Section 20-4.4(b)(10) of the Land Development Code to allow four off-street parking spaces 19 where the required off-street parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) 20 of the Land Development Code to allow required parking to be located in the front setback area 21 which is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI,FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Colsky requesting approval for : (1) a variance from Section 20-4.4(b)(10) of the Land 35 Development Code to allow four off-street parking spaces where the required off-street parking is 36 five spaces and: (2) a variance from Section 20-4.4(f) (3) of the Land Development Code to 37 allow required parking to be located in the front setback area-which is prohibited in the RO 38 zoning use district is hereby approved with the following conditions: 39 40 (1) Offices including but not limited to medical, dental, health related uses, day care centers, and 41 any other similar use which has the same required parking are prohibited from locating in the 42 subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this ,day of 52004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts-Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 E:\Comm Items\2004\8-3-04\6230 SW 70 Variance Resol.doc 1 CITY OF SOUTH MIAMIF.y { k NOTICE OFr PUB;LIC'HEARINGts K ,:r.. - NOTICE IS HEREBY giventhatahe City Commission of the Ctty of South; Miami Flonda will coritluct Public Hearings at Its regular City Commis siort meetingfscheduled for Tuesday December 64 bning at 7 3Q'p m +Irrfhe CltyCommis§ion Chambers 613QSunset Dnve to con sidertherfollowm otems MIAMI DAILY BUSINESS REVIEW g ` ` M1 z°� kmr � 5f r .��._. >, t l trr-k'�t a e�"�``� .r`'«ra Published Daily except Saturday,Sunday and First Reading Ortlinaricer q R w ,; „tr 4 y „ Legal Holidays y"AN ORDINANCE pETHEsMAYOR AND CITY COMMISSION 3 Miami,Miami-Dade County,Florida OFs THE CITY OF SOUTH TMIAMI; FLORIDA ,AMENDING:a ' ��SECTION 20.3 6,+',(Fh.(2r(c)OFTHEyLAND�DEVEL,QPMENT STATE OF FLORIDA CODE OFaTHE CITY OF SOUTH,MIAMI TO ELIMINATETHE t COUNTY OF MIAMI-DADE: REQUIRED MINIMUM 60%OPENAREA ON°THETOPTWO y (2) FEET'OF FENCES ADJACENT TO A RIGHT OF WAY, Before the undersigned authority personally.appeared PROVIDING ''FOR>>`SEYERABILITY, "PROVIDING" FOR I � O.V.FERBEYRE,who on oath says that he or she is the ORDINANCES r 1N CONFLIGT,'y AND+--PROVIDI AN' SUPERVISOR,Legal Notices of the Miami Daily Business EFFECTIVE DiAATE iMt Review f/Va"Miami Review,a daily(except Saturday;Sunday and Legal Holidays)newspaper,published at Miami in Miami-Dade Secontl Reading OMmance ,1 s, , "x; " li 'r u y, County, Florida;that the attached copy of advertisement, 3�AN'ORDINANCE OF THE MAYOR AND CITY COMMISSION being a Legal Advertisement of Notice in the matter ofY OF THE CITY, OF SOUTH;MIAMI,FLORIDA AMENDING THE CRY OF;SOUTH MIAMI PENS ION, 'PLAN,PROVIDING FOR } ' ELIGIBILITY AT DATA OF EMPLOYMENT FOR ,POL`ICE i CITY OF SOUTH MIAMI-PUBLIC HEARING 12/7/2004 OFFICER'EMPLQYEES OF"THE CITY OFSOUTM'MIAMI, ORDINANCE AMENDING SECTION 20-3.6(H)(2)(C),ETC. PROVIDING FOR;A'MINIMUM RATE OF BENEFIT ACCRUAL ? 'FOR P,QtICE OFFICER :EMPLOYEES, PROVIDING ,FOR�a', SE1/ERABILITYr PROVIDING FOR'CODIFICATION SAND 1 in the XXXX Court, PROVIDING FOR AN EFFECTIVE DATE �'$� " t was published in said newspaper in the issues of Resolutions:-° � _ < S 11/26/2004 A RESOLUTION OF THE;MAYOR:AND CITY COMMISSION F THtt.rY OF SOUTH'MIAMI'-RELATINGTO A REQUEST,.O , PURSUANT�TO SECTION 2a5t16(e),OF THE LAND,DEVEL' Affiant further says that the said Miami Daily Business OPMENT'CODE FOR RELEASE OF A UNITY OF TITLE FOR PROPERTY LOCATED kT'8200`SW 60th COURT;Afi1D Review is a newspaper published at Miami in said Miami-Dade tEGALL'Y DESCRIBED AS LOTS 1 ANDT2, 'BLOCKY 1, County, Florida and that the said newspaper has HARRIS ESTATES SUBDIVISIONw""44", PURPOSEOF`THE heretofore been continuously published in said Miami Dade County, 'REQUEST IS TO PERMIT A RESIDENTIAL'BUIL`DING'TO BE. Florida,each day(except Saturday,Sunday and Legal Holidays) CONSTRUCTED ONLOT 2, AND PROVIDING FOR AN and has been entered as second class mail matter at the post EFF L ECTIVE DATE office in Miami in said Miami-Dade County,Florida,fora period of one year next preceding the first publication of the A RESOLUTION OF THE MAYOR;&CITY COMMISSION OF y attached copy of advertisement;and affiant further says that he or THE,CITY OF SOUTH,MIAMI, FLORIDA,,RELATING she has neither paid nor promised any person,firm or corporation REQUEST><FOIiAPPROYAL OF THE FOLLOWING TWO ._ any discount,rebate,commission or refund for the purpose PARKING VARIANCES IN ORDERTO PERMIT PROPERTY ' of securing thi dvertise for publication in the said LOCATED AT 6230 SW 70T,H STREET5IN AN,RO RESIDEN TIAL OFFICE ZONING USE DISTRICT TO BE USED AS A newspaper. COMMERCIAL OFFICE BUILDING (1) VARIANCEFROM�`. SECTION' 20-4 4(B)(10) OF THE"LAND;DEVELOPMENT CODE TQ ALL'OW FOUR:'OFF STREET PARKING SPACESi ; 1NHERE�THE REQUIREDOFFSTREET PARKING IS FIVE .SPACES-(2)VARIANCE FROM SECTION 20-4 4(�G(3)OF, Sworn to and subscribed before me this ;TJiE LAND DEVELOPMENT CODEITO ALLOW REQUIRED` PARKING TO,BE LOCATED IN THE FRONT SETBACK 26 d of BE A.D. 2004 i AREA WHICH<1S:PROHIBITED IN THE RO ZONING USE _ DISTRICT AND?ROVIDING FOR AN EFFECTIVE DATE 3 Above dems can be Inspected In the City Clerk s Office Monday Fnday dunngregularotfehous g � x +t�k six �i3' (SEAL) For i iqumesson the above first reading ordinance and resolutionsplease^ O.V. FERBEYRE personally known to me contactthe Planning and Zoning Dept at 305 663,6326 N�1wsr , q�.5, y, ._ Z Maria I.Mesa ALL interested partes are mvded to attend and will be heard juiy Commission DD293855 :Hires March 04,2008 "r r ins f t Maha M Menendez !' a Pursuant to Flonda Statutes 2860105 :the City;hereby,advises`tnet public that if;:a person decides to appeal any'decisiort made by this, Board Agency or Comrission with respect jq any matter considered ate Its meeting orheanng '.he or sh'e vinll need a recoPb of the proceedings;a and that for such purpose affected person may need to ensure that-a ~verbatim record of the;proceedings Is made'whicfi:record includes the testimony and evidence upon which the appeal Is to be based: 11/26 e_' i,.ftlStEE S. t 't IP.un:.J3i8e0W4t3'G., . Ii�III Ill' `:lliit!illllt!. �'r .t efi'A 01i,'il a i m. N m W O COURTESY NOTICE - o Q CITY OF SOUTH MIAMI, FLORIDA W On Tuesday, December 7, 2004; beginning at 7:30 p.m.,'. in the City Commission Chambers, 6130 Sunset. Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE AMENDING THE�LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO .ELIMINATE THE REQUIRED MINIMUM 60%-OPEN AREA ; ON THE TOP TWO (2) FEET OF FENCES ADJACENT TO A RIGHT-OF-WAY. W AN ORDINANCE AMENDING THE CITY OF SOUTH MIAMI PENSION PLAN, PROVIDING. FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE. OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR A MINIMUM RATE OF.BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES. A RESOLUTION PURSUANT TO THE LAND DEVELOPMENT' CODE FOR RELEASE OF A UNITY OF,TITLE FOR PROPERTY LOCATED AT 8200 SW 60th COURT AND LEGALLY DESCRIBED As LOTS 1 AND 2, BLOCK 1, HARRIS ESTATES SUBDIVISION; THE PURPOSE OF THE-REQUEST IS TO PERMIT A RESIDENTIAL BUILDING TO BE CONSTRUCTED ON LOT 2. A RESOLUTION FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN:ORDER. TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO"RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED A&A COMMERCIAL OFFICE BUILDING:'(1) VARIANCE FROM THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) . VARIANCE FROM THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING. TO BE LOCATED IN THE FRONT SETBACK- AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT. Inquiries.concerning this item should be directed to the Planning Department at 305-663- 6326. ALL interested parties are invited to.attend and will be heard. Maria M. Menendez City Clerk Pursuant to Florida Statutes 286.0105, the.City hereby advises the public that if a person decides to appeal any decision made by this 'Board, Agency or Commission-with .respect to any matter considered at its meeting or hearing, he or she will need:a record of the proceedings, and that for such purpose, affected person may.need to ensure that a verbatim record of the proceedings.is made which record includes the testimony.and evidence upon which the appeal-is-to be based. SOUTJ� South Miami Ail-America Cfty INCORPORATED 1927 O Rig 2001 CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor& Date: December 21,2004 Commission Members 4 ITEM No. JAI From: Maria Davis Re: Variance Request City Manager ;� 6230 SW 70th Street Reconsideration RESOLUTION A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE RECONSIDERATION The City Commission at its November 16, 2004 meeting approved a motion to reconsider its vote on the above described variance application. The application was denied by the Commission on September 21, 2004. The Land Development Code provides the following regulations pertaining to the Commission's reconsideration of an item which was subject to a public hearing: Section 20-6.1(3)(e) "When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action (removed: when denied without prejudice) except in which case reconsideration is possible after six (6) months for the date established for the prior hearing at the request of the majority of the commission" (2) The Planning Director's interpretation of the above section is that a reconsideration of a denied application can be reconsidered if the majority of the City Commission approves. However the actual reconsideration of the case must be scheduled no earlier than six months after the denial, which would be in April, 2005. This type of regulation requiring a one year or six month delay is very common in most zoning codes. It's purpose is primarily to protect neighborhoods from having to return meeting after meeting to oppose or support a particular application. Independent of this regulation the City Commission may have authority to reconsider its vote. REPORT ATTACHED The Administration is concerned about the precedent set if a reconsideration of a denied zoning application is permitted without the proper time span as specified in the Land Development Code. This could be used as a tactic to wear down opposition. If the Commission proceeds with reconsidering the item, the Administration's report from the September 21, 2004 meeting is attached. It is important to note that the Planning Board and the Planning Department both recommended approval of the variances with conditions. That recommendation still stands. Staff will support the variance if heard on April 5, 2004. Attachments Copy of 9-21-04 Report Copy of Public Notices MD/DODISA W-7 EAComm Items\2004\12-21-04\Variance 6230 SW 70 Reconsideration Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN A "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND 9 DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE 10 . REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 11 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE 12 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING 13 USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB-04-011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Colsky, said application requesting approval for : (1) a variance from 18 Section 20-4.4(b)(10) of the Land Development Code to allow four off-street parking spaces 19 where the required off-street parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) 20 of the Land Development Code to allow required parking to be located in the front setback area 21 which is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI,FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Colsky requesting approval for : (1) a variance from Section 20-4.4(b)(10) of the Land 35 Development Code to allow four off-street parking spaces where the required off-street parking is 36 five spaces and: (2) a variance from Section 20-4.4(f) (3) of the Land Development Code to 37 allow required parking to be located in the front setback area which is prohibited. in the RO 38 zoning use district is hereby approved with the following conditions: 39 40 (1) Offices including but not limited to medical, dental, health related uses, day care centers, and 41 any other similar use which has the same required parking are prohibited from locating in the 42 subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this , day of ,2004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts-Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 E:\Comm Items\2004\12-21-04\6230 SW 70 Variance Resol.doc end � s�� slagei ssajp tem ea �neeLs.... Sunset Club Apartments LTD MARIO J VALLADARES Alicia 3 Garate C/O Ed Lashins Inc. 7003 SW 63 AVE 6940 SW 62 CT 80 Business Park Dr. S. MIAMI, FL 33143-4704 S. Miami, FL 33143-3341 Armonk,NY 10504 Deani-Whitman Sunny Land Investment Group Inc. JAMES K LOGUE 6259 SW 70 ST P.O. Box 830683 7101 SW 63 AVE S. Miami,FL 331434720 Miami, FL 33283 S. MIAMI, FL 33143 Michael P Hodes Capstone Capital Trust Inc. CAROL T GASSAWAY P.O. Box 373191 C/O Tax Department 7107 SW 63 AVE P.O.Box 380546 S.MIAMI FL 33143-4706 Key Largo, FL 33037 Birmingham,AL 35238 Health South Doctor's Hospital Inc. DOMINGO ECHEMENDIA ALFRED G SMITH &JOHN SWIFT j C/O Tax Department 6941 SW 63 AVE 1.301 ASTURIA AVE P.O.Box 380546 S. MIAMI, FL CORAL GABLES, FL 33134-4737 Birmingham,AL 35238 33143-3342 HERIBERTO HERNANDEZ HENRY N FARFAN PETER BURGESS 6929 SW 63 AVE 6917 SW 63 AVE 7111 SW 63 AVE - S. MIAMI, FL S. MIAMI, FL S.MIAMI,FL 33143-4706 33143-3342 33143-3342 BETTINA DICK TR MARIA ELENA KEENAN COURT T NORRIS 1015 NE 92 ST 6270 SW 69 ST 6320 SW 62 TERR MIAMI SHORES FL 33138-2932 __S MLA MI� E L 33143-3346_._._.._._.._-..__.. ._ . ....._--- LffAA11l_FI-_33143-2134-------------_-- DAVID LANDOWNE BETH M SCHWARTZ THOMAS NELSON LIETCH 6926 SW 62 CT 6931 SW 62 CT 7015 SW 63 AVE S. MIAMI FL 33143-3341 S.MIAMI FL 33143-3340 S.MIAMI, FL 33143-4704 �.s 'SOUTHEASTERN INVESTMENT GROUP PETER W H MYERS TABITHA THOMAS 6240 SW 69 ST 6841 SW 63 AVE 7105 SW 63 AVE S.MIAMI, FL 33143-3337 S.MIAMI, FL 33143 S.MIAMI, FL 33143-4706 6201 CORPORATION OF MIAMI ANDREW MOSSBERG LUIGI VITALINI 6201 SW 70 ST 6255 SW 69 ST 6840 SW 620T S. MIAMI, FL 33143-4718 S. MIAMI, FL `33143-3355 S.MIAMI, FL 33143-3317 l .. J .. HAPAN 56 CORP GILBERT T NORBRATEN SOUTHEASTERN INVESTMENT GROUP C/O BRENNAN REALTY INC SHERRI JORDAN 6262 SUNSET S 401 225 ARAGON AVE 6290 SW 70 ST S. MIAMI, FL 33143-44 843 S.MIAMI, FL 33143 , CORAL GABLES, FL 33134-5008 �� ,. _ j y�wal actress Labels Jam Fcee Printing ® www ave com UswAvery®TEMPLATE 51600 1-800-GO-AVERY Q AVERY®51600 VIRGINIA H ELIAS 7150 SW 62 AVE S.MIAMI FL 33143-4786 i _ _ A ®0945®A?iEnt� o AUAV-O9-008-t ®-_ ®09d5.31V1dW31®�iaanV as0 wog Aj9Ae•AV" ® 6ul;ulad BOM we f R r` S Feed A@fSTIVI sjagq ssajpw temgk8kWo Alicia 3 Garate Sunset Club Apartments LTD 6940 SW 62 CT C/O Ed Lashins Inc. S. Miami, FL 33143-3341 80 Business Park Dr. Armonk,NY 10504 Dean-Whitman Sunny Land Investment Group Inc. 6259 SW 70 ST P.O. Box 830683 S. Miami,FL 33143-4720 Miami, FL 33283 Michael P Hodes Capstone Capital Trust Inc. P.O. Box 373191 C/O Tax Department Key Largo, FL 33037 P.O.Box 380546 Birmingham,AL 35238 Health South Doctor's Hospital Inc. DOMINGO ECHEMENDIA C/O Tax Department P.O.Box 380546 6941 SW 63 AVE Birmingham;AL 35238 S. MIAMI, FL 33143-3342 HERIBERTO HERNANDEZ HENRY N FARFAN 6929 SW 63 AVE 6917 SW 63 AVE S. MIAMI, FL S..MIAMI, FL 33143-3342 33143-3342 MARIA ELENA KEENAN COURT T NORRIS 6270 SW 69 ST 6320 SW 62 TERR F1<_33_194�:3346 -=---------- --- ----- - ---5 AAIAMI F�_33143-x134 --- ------=------ ---- DAVID LANDOWNE BETH M SCHWARTZ 6926 SW 62 CT 6931 SW 62 CT S. MIAMI FL 33143-3341 S.MIAMI FL 33143-3340 SOUTHEASTERN INVESTMENT GROUP PETER W H MYERS 6240 SW 69 ST 6841 SW 63 AVE S.MIAMI, FL 33143-3337 S.MIAMI, FL 33143 ANDREW_ MOSSBERG LUIGI VITALINI 6255 SW 69 ST 6840 SW 62 CT S. MIAMI, FL 33143-3355 S.MIAMI, FL 33143-3317 HAPAN 56 CORP GILBERT T NORBRATEN C/O BRENNAN REALTY INC SHERRI JORDAN 225 ARAGON AVE 6290 SW'70 ST CORAL GABLES, FL 33134-5008 S.MIAMI, FL 33143 ll YIBwal dress Labels �ed Sheets rm Use template for 51610 d . ' MARIO J VALLADARES 7003 SW 63 AVE THOMAS NELSON LIETCH S. MIAMI, FL 33143-4704 7015 SW 63 AVE S.MIAMI, FL 33143-4704 JAMES K LOGUE TABITHA THOMAS 7101 SW 63 AVE 7105 SW 63 AVE S. MIAMI, FL 33143 S.MIAMI, FL 33143-4706 CAROL T GASSAWAY 6201 CORPORATION OF MIAMI 7107 SW 63 AVE 6201 SW 70 ST S.MIAMI FL 33143-4706 S. MIAMI, FL 33143-4718 ALFRED G SMITH &JOHN SWIFT SOUTHEASTERN INVESTMENT GROUP 1301 ASTURIA AVE 6262 SUNSET DR STE 401 CORAL GABLES, FL 33134-4737 S. MIAMI, FL 33143-4843 PETER BURGESS VIRGINIA H ELIAS 7111 SW 63 AVE 7150 SW 62 AVE S.MIAMI, FL 33143-4706 S.MIAMI FL 33143-4786 BETTINA DICK TR 1015 NE 92 ST MIAMI SHORES FL 33138-2932 OTRY® Address Labels Laser 51610 �Youkils Samford s From: O'Donniley,Don Sent: Monday, August 09, 2004 10:08 AM To: Youkilis, Sanford Subject: FW: Variance Application for SW 70th St. I think he assumes the lack of dedication moves the ROW another 25 feet north. See if you can resolve this for me before the meeting. We will have to have an answer. -- Original Message-- F om F>> Dean Wh tmart J SMTP whif and(c>�f u edul Sent: Friday, August 06, 2004 5:14 PM To: O'Donniley,Don Subject: Variance Application for SW 70th St. Don, After comparing the survey for the property at 6230 SW 70th St. with the survey for my own property, I now understand the meaning of the note"B" on the survey: "The south 1/2 of the right of way for sw 70th street is not dedicated on the subject property". Apparently, the right-of-way for SW 70th St is 50 feet wide. The northern 25 feet of this property lies on the right of way. The southern edge of the right-of-way is alligned with the fencelines of the adjacent properties to the east and west. I believe that this may have implications for the variance application for this property because the northernmost 2 parking spaces lie within the right-of-way. Are"improvements" allowed within the right-of way? What implications does this have if the City one day decides to widen 70th St(of course I hope this never happens)? Dean Whitman 6259 SW 70th St. f From: beth4[beth4 @wallflowergallery:comj Sent: Friday, July 09, 20045:02 PM To: dodonniley @cityofsouthmiami.net- Subject: re:P6-04-011 7/13/04 7:30 pm Dear Mr. O' Donniley, My name is Beth Schwartz and I am a neighbor located just 2 houses from the 6230 SW 70th street property which is coming up for a planning board public hearing on 7/13/04 at 7:30 PM. PB-04-011 Due to the fact that I will be out of town for this particular hearing, I would appreciate it if you would read into the record this letter expressing my concerns and requests about the address previosly stated. As I understand it, it is the wishes of that property owner (Arthur...) only remember his first name) to obtain a parking variance. I am a neighbor located just 2 houses away from the 6230 SW 70th street address. I have owned and lived on my property,for almost 14 years and I would like for you to state these points on my behalf...if you would be so kind to... Although the 6230 property had been zoned RO (who knows when that faux pas was implemented) it has ALWAYS been lived in as RESIDENTIAL for the past 14 years I've resided in my home 2 houses away. There is NO other RO zoning in or adjacent to our RS3 neighborhood. . After years of a steady stream of unsafe and unbearable rush hour traffiic AM and PM on SW 70th Street. . . known as US1 extension west. . . we as a neighborhood with the help of former mayor Robaina, (who witnessed it for himself) , the city manager and staff (Mr. Subrata Basu inparticular) , and the So. Miami police inforcement have succesfully stopped the rush hour traffic errosion that was an immense safety issue to the cocoplum terrace neighborhood. The NO ENTER signs on SW 70th St. should be relocated to a spot just WEST of the 6201 SW 70 St and 7000 SW 62 Ave medi-cal__b_1dgs.___driveways. .(.which. is -where -the--city--AND - concerned neighbors wanted to place them originally) instead of where they are placed now which is just before Dr. Dean Whitman' s .driveway at Arthur' s request so as not to block access to his property from both diractions . If the property owner' s request is recommended, I hope these considerations and requests would be reviewed. The concerned neighbors would request a small raised and landscaped culdosac which could be placed adjacent to the newly relocated do not enter signs. There was an official proposal for this done by the former owner of the 7000 SW 62nd Ave about 11 or 12 years ago. . . I saw the architect ' s rendition, several of them as a matter of fact as they were shown to me in 1995 . This culosac would allow for commercial parking on the east side in a semi circlular fasion as to provide for maximum parking spaces, and a moderately landscaped greenspace area on the west side for the many residents who walk with their baby stollers, dogs , etc. and gather to chat . This concept would help protect the neighborhood from TRAFFIC ERROSION AND COMMERCIAL INTRUSION. The reasons why the city placed the do not enter signs where they are currently (next to Dean' s driveway as stated earlier) is because Arthur threatened the city with a law suit in order to have access from both directions on 70 ST for his proposed business at that address as I already stated. I was told this by our former planning and zoning director Ricchad Lorber and Mr. Basu . I would like to remind Arthur and everyone else that all businesses on US1 are only accessable from 1. way or -the other due .to medians etc. and they seem to survive. Also a sign would need to be posted at the intersection of SW 69th ST traffic circle and SW 62nd CT to stop the cut through traffic into that small 1 block to gain access to 70th steet to go west - (although I do not know what would need to be done to stop AM rush hour from zooming through the one tiny block that my home is located on 62nd ct off of 70th street from Sunset Drive other than to post no turn signs at certain peak hours. . . . . .or simply block off the end of 62nd court where it joins 70th street and leave 70th steet open once again for terrible rush hour traffic errosion . .not something we wish to regress to either. There is no simple solution obviosly, however, THIS is where we have invested our life ' s savings to make our homes li and raise our children. . . we NEED TO PROTECT THOSE THAT LIVE HERE NOT THE DEVELOPER WHO DOES NOT LIVE IN SO.MIAMI AT ALL and wants to either sell (flip) his property for a profit because he did not do his homework on the property speculations . This will add to errode our neighborhood and our QUALITY. OF LIFE with commercial use and the traffic that comes along with it ! ! ! Arthur DID NOT do his homework with regard to available parking on site at 6230 SW 70th street and now HE NOR ANYONE ELSE is able to UTILIZE it or SELL it for RO zoning use. . . . I know , I have talked with perspective buyers that want to purchase the property because it has been advertised for sale as commercial use for MORE THAN DOUBLE the price that it was purchased at , however . . .the perspective buyers HAVE , done their homework and realized that the parking was inadequate for the zoned use ultimately declined to purchase the property. . . .once again proving that the property owner is trying to flip it at a huge profit and at the expense of the neighboring residents to deal with the traffic it will bring. Arthur should not be putting the burden of his problem with this property onto the longtime residents of this neighborhood. This property should have been zoned RS3 to match the rest of the neighborhood, especially since we have been working so hard to address traffic calming and quality of life issues. Perhaps the city could purchase the property from Arthur at a fair price and then rezone the property RS3 to fit in and mesh with the rest of the neighborhood. . . sell it, recover the investment monies and be done with it. . . ,make someone a happy home owner. This area has a particular problem due to the fact that it is situated right off of two major rush hour roads of SW __ .t_ -street--and__SUnset Drive and also adjacent to the ever popular. TODD and CRA districts which are developing very quickly. I hope the planning board and commission would discourage the slashing and burning of large old oak trees after 30 + years of growth canopy (even if it ' s just one ) just to be replaced with tiny trees that will never give the same effect in order to accomodate the parking issues with that property. This city is an official bird sanctuary and replacing large beautiful trees that have survived years of hurricanes with tiny ones is not a favoured practice. Please check the survey on that property as well. . . the marker that designates where the adjacent property to the east ends is actually situated almost in the middle of the p-rock semi- circular driveway' s eastern most opening. . the covering up of that marker allows the property to appear larger than it acually is . . . that land/driveway space is not legally available to utilize or develope for the 6230 SW 70th street location. As soon as the property was purchased by Arthur it was NEVER kept up astetically and began to show immediately with broken windows attracting vagrants, overgrowth, paint, etc. UNTIL the neighbors started complaining to code enforcement to get the owner to keep the place looking decent. . . respect for the neighbors and neighborhood was not demonstrated from the very beginning. I do not intend to sound hostile, my intentions are merely to state the facts and concenses regarding this property and how things have been dealt with in the 14 years I have lived close to the property. I have had the pleasure to know and become friends with` every single person who rented there in the last 14 years which have been 3 different people who chose to live there as a resident. It would be nice if that residential component could and would be considered still. Thank you for the public reading of my letter for the record, I truley appreciate it. Sincerely, Beth Schwartz Homeowner, resident, civic activist Board member of the So. Miami Homeowners Association Board member Commission for Woman t ZONING REGULATIONS 20-3.1 ARTICLE III. ZONING REGULATIONS 20-3.1 Zoning use districts and purposes. (A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan,the City is hereby divided into eighteen(18)zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20-3.3(D). A planned unit development (PUD) district is also created in Section 20-3.7. Standards shall be uniform throughout each zoning use district. District symbols and names shall be known as: Symbol Name RS-1 Estate Residential RS-2 Semi-Estate Residential RS-3 Low Density Single-Family RS-4 Single-Family RS-5 Single-Family(50'lots) RT 6 Townhouse Residential RT 9 Two-Family/Townhouse Residential RM-18 Low Density Multi-Family Residential RM-24 Medium Density Multi-Family Residential RO Residential Office LO Low-Intensity Office MO Medium-Intensity Office NR, Neighborhood Retail SR Specialty Retail GR General Retail TODD Transit-Oriented Development District H . Hospital PI Public/Institutional PR Parks and Recreation. . . (B) District Purpose Statements. (13) "NR" Neighborhood Retail District. The purpose of this district is to permit conve-. nience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner.. This district is appropriate in areas designated"Neighborhood Retail Development"on the city's adopted Comprehensive Plan. 1 ....s 20-3.5 SOUTH MIAMI LAND DEVELOPMENT CODE Section 20-3.5G DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS REQUIREMENT RO LO MO (TODD) NR SR GR I Min. Lot Size f Net Area(sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000 Frontage(ft) 75. 75 100 75 50` 100 50. Min. Setbacks (ft.) Front 25 20 15b 25 lob 20 20 Rear 20 15 10 15 10 15 8 Side(Interior) 10 10 p - — Side(Street) 20 15 10 15 lob 15 15 Adj. Res. Dist. 25 25 25 25 25 25 25 Side(w/driveway) 20 20 20 20 20 20 20 Between Buildings 20 20 20 — — — _ Max. Building Height Storiesa2. ... _-2 �- 2 _ Feet 25 . 30 50- 25 50 30 30 Max. Building Coverage (%) 30 — Max.Impervious Coverage (%) 75 80 85 75 90 85 85 Max. Floor Area Ratio(FAR) 0.30 .70 1.60 .25 1.60 .80 .80 8 5'setback with wall opening adjacent to rear property line; no setback if no openings in wall. b Applies to ground floor only;columns are permitted within the setback.Columns shall not be greater.than 24 inches in diameter;columns on the property line shall not'be closer to each other than 10 feet. The frontage requirement does not apply to uses in the SR District. (Ord.No.2-90-1445, 1-2-90;Ord.No.2-92-1497, 1-7-92;Ord.No. 13-93-1541,§1,9-17-93;Ord. No.23.-94-1573,§ 1, 12-20-94;Ord.No.8-95-1581,§3,6-6-95;Ord.No. 1-96-1601,§ 1, 1-16-96; Ord.No. 8-97-1629, § 1, 4-1-97) supp.No.3 50.2 1 ZONING REGULATIONS 20-3.1 ARTICLE III. ZONING REGULATIONS 20-3.1 Zoning use districts and purposes. (A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted Comprehensive Plan,the City is hereby divided into eighteen(18)zoning use districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20-3.3(D). A planned unit development (PUD) district is also created in Section 20-3.7. Standards shall be uniform throughout each zoning use district. District symbols and names shall be known as: Symbol Name RS-1 Estate Residential RS-2 Semi-Estate Residential RS-3 Low Density Single-Family RS=4 Single-Family RS-5 Single-Family(50'lots) RT 6 Townhouse Residential RT-9 Two-FamilyfIbwnhouse Residential RM-18 Low Density Multi-Family Residential RM-24 Medium Density Multi-Family Residential RO Residential Office LO Low-Intensity Office MO Medium-Intensity Office NR, Neighborhood Retail SR Specialty Retail GR General Retail TODD Transit-Oriented Development District H Hospital PI Public/Institutional PR Parks and Recreation (B) District Purpose Statements. (9) "RM-24" Medium Density Multi-Family Residential District: The purpose of this district is to provide suitable sites for the development of medium density multi-family residential uses with appropriate landscaped open space.This district is appropriate in areas designated "Medium Density Multi-Family Residential" on the city's adopted Comprehensive Plan. Y ZONING REGULATIONS 20-3.5 Section 20-3.5F DIMENSIONAL REQUIREMENTS MULTI-FAMILY DISTRICTS RT--6 RT-9° RM-18 RM-24 REQUIREMENT (TH) (2F) W) (MF) TMaa.`Density:(unitstacr`e)-.- --°— --=---6— �-- �--8.7—:- 18" X245 Min. Site Size Net Area(sq. ft.) 60,000 10,000 10,000 15,000 Frontage (ft.) 200 100 75 100 Min. Lot Size Net Area (sq. ft.) 3,000 na na na Frontage (ft.) 25 na na na . Min.Yard Setbacks (ft.) Front: 1 & 2 stories 25 25 25 25 3 stories . na na na 30 4 stories na na na 35 Rear: 1 & 2 stories 25 25 20 20 3 stories na na na 25 . 4 stories na na na 35 Side (Interior) 1 &2 stories 10 7.5 12.5 12.5 3 stories na na na 15 4 stories na na na 20 Side (Street) 1 & 2 stories 15 15 25 25 3 stories na na na 30 4 stories na na na 35 Between Buildings 20 15 20 20 Perimeterb 15 15 na na Max. Building Height Stories"�"'^•.-'-.-w--'. .. . �_ 2-----,..,-�_:�2 --2•�==------�,._._4� Feet 25 -25 30 50 Max. Impervious Coverage (%) . .40 35 60 70 a.7bwnhouses allowed.subject to all RT-6 requirements, except minimum site size. b In addition to all other required setbacks when the site area is greater than two(2)acres. 10,000 SQUARE FEET PER THE ADOPTED COMPREHENSIVE PLAN Supp.No.3 50.1 From: Tim Hernandez [ternandez @newurbancommunities.com] Sent: Monday, August 02, 2004 11:27 AM To: 'R. Don O'Donniley'; Sandy Youkilis; Maria Davis Subject: FW: FYI. Please take a look at this and see what you think. Thanks, Tim. Timothy L.Hernandez,Principal New Urban Communities 398 NE 6th Avenue Delray Beach,FL 33483 Tel. 561.279.87b6 Fax.561.272.3951 -----Original Message----- From: Tim Hernandez Lmailto:thernandez annewurbancommunities.com] Sent: Monday, August 02, 2004 11:21 AM To: 'Mary.Scott Russell' Cc: 'Kevin E. Rickard (Kevin Rickard'; FACS FACC Alex Zakharia MD (kzakharia(o)-iuno.com) Subject: We have reviewed the staff's August 3 policy recommendation regarding SW 62"d Avenue, to be discussed tomorrow night, and respectfully submit the following comments: • Street Design: We agree with the staff recommendation. • Urban Design: We agree with the staff recommendation. • Building Height. We would like first 50' of building to be three stories to allow for a better floor plan and more usable space. This will allow us to sell the units for more money, because they will be a little bit bigger. • Story Height: We agree with the staff recommendation. • Building Mass (FAR): We need an FAR of 1.5. An FAR of less than 1.5 will make 3 story buildings fronting on SW 62nd Ave.too shallow and result in undesirable residential floor plans and inadequate commercial space on the ground floor. It should be noted that the underlying land use (Mixed Use Commercial/Residential) allows an FAR of 1.6 and, as reiterated in staff memos on February 26, 2004 to the Planning Board and April 14, 2004 and August 3, 2004 to the City Commission, "...the Charrette Report allows the height and the required parking to dictate the FAR". An FAR of less than 1.5 essentially prevents us from implementing the other recommendations of the Charrette, and will result in a less economically viable project. • Dwelling Units per acre(Density): We would accept the staff recommendation, although we.note that the underlying land use category(Mixed Use Commercial/Residential)allows up to 24 units per acre. The practical problem with 20 units per acre is that because the area is broken up into small parcels,the total density will like be less that the maximum anyway, because of individual site design constraints and the other requirements such as setbacks, FAR, etc. • Street Walls,Awnings, Balconies: We agree with the staff recommendation. • Parking: We agree with the staff recommendation. • Architectural Guidelines: We agree with the staff recommendation. • Master Plan: We agree with staff recommendation except it appears that on-street parking spaces should be counted toward the parking total as allowed in the Parking recommendation above.The staff recommendation as written seems to contradict the staff recommendation for the Parking section (as well as the UM recommendation). • Landscape Guidelines: We agree with the staff recommendation. We appreciate the opportunity to review the staff comments.Thanks to everyone at the City for your time, effort and consideration.We really look forward to getting this resolved and moving onto the exciting part of designing and building something in this corridor. We look forward to seeing you tomorrow evening. Timothy L.Hernandez,Principal New Urban Communities 398 NE 6th Avenue Delray Beach,FL 33483 Tel. 561.279.8706 Fax.561.272.3951 so u T� South Miami All-America Cily • INCORPORATED - 1927 t0Rto 2001 CITY OF SOUTH MIAMI To: Honorable Mayor,Vice Mayor& Date: August 3 2004 Commission Members �, �) 'I ITEM No. From: Maria Davis J Re: Variance Request v m City Manager 6230 SW 70 Street . A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Dr. Arthur Kolsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated"RO" Residential Office Zoning Use District. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-4.4(B) "Parking Requirements" • Land Development Code Section 20-4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6.1(13)(3)(h) "Planning Board Duty" BACKGROUND (1) The subject property is a single family residential building which is a legal non- conforming structure (dimensions substandard). The property may continue to be (2) used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic. North of the property (RS-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM-24) is an apartment building and a tennis court. (3) The parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for commercial offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental or other health related uses would not be able to locate in this building due to a higher number of spaces required. (4) The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. (5) The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district. The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS /RECOMMENDATION • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. • The applicant also points out the the requested will allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a A s' (3) specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of the subject property. • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of commercial offices will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances. for 6230 SW 70th Street be approved subject to the following condition: commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. PLANNING BOARD ACTION The Planning Board at its July 13, 2004 meeting adopted a motion by a vote of 4 aye 1 nay to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. RECOMMENDATION It is recommended that the variances requested be approved with the conditions recommended by the Planning Board: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall.be constructed of a pervious material. Attachments Draft Resolution LDC Applicable Regulations Location Map Application Letter of Intent/Justification Survey, Proposed Site Plan Planning Board Minutes 7-13-04 Excerpt Copy of Public Notices MD/DOD/SAY ;�Q 0 EAComm Items\2004\8-3-04Waarrwrce 6230 SW 70 Str Report.doc f S 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR& CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE 9 LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE 10 THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 11 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO 12 BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO 13 ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB-04-011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Kolsky, said application requesting approval for : (1) a variance from Section 18 20-4.4(b)(10) of the Land Development Code to allow four off-street parking spaces where the 19 required off-street parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) of the 20 Land Development Code to allow required parking to be located in the front setback area which 21 is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 28 29 NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI,FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Kolsky requesting approval for : (1) a variance from Section 20-4.4(b)(10) of the 35 Land Development Code to allow four off-street parking spaces where the required off-street 36 parking is five spaces and: (2) a variance from Section 20-4.4(f) (3) of the Land Development 37 Code to allow required parking to be located in the front setback area which is prohibited in the 38 RO zoning use district is hereby approved with the following conditions: 39 40 (1) Commercial offices including but not limited to medical, dental, health related uses, day care 41 centers, and any other similar use which has the same required parking are prohibited from 42 locating in the subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 t i 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this ,day of 32004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts-Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 38 E:\Comm ltems\2004\8-3-04\6230 SW 70 Variance Resol.doc ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parking Requirements Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.3D. Where fractional spaces result,the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten(10)units. (4) One (1) space per guest room,plus two (2) spaces for the reception office. (5) One and three-quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred (100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One (1) space per two hundred(200) square feet of gross floor area. (10) One (1) space per two hundred fifty(250) square feet of gross floor area. (11) One (1) space per three hundred(300) square feet of gross floor area_ (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand (1,000) square feet of gross floor area. (15) One (1) space per four(4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. • Land Development Code Section 20-4.4 (F)(3) Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking, shall be permitted in yard setback areas except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1)ton or greater capacity shall not [be] permitted in all RS,RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. SKETCH CAE SURVEY scALE r s 120.001 // ,�i•6yr di ar,C r' Lf�1 �,��' '�.'^11�••• P•, ' � � y�-r++wr.. R„sz �yS�z�''--'ffiy„u' - L J �-:r '•!` k }�.1 LW1� Y- d .iG Y"s,jyy� F� 2nT�•N✓•c�•_. Y k 1' =NEB .�'IK�n�...Cw .'Y+:. -sT' q�r..AaE��1vEu�aY aq 1,.170 Tye ER►STFs,2LY ai 2.20 i e,oiv r�,• CMG- Z� A wnuo >~Erlc G-ASTEP�f c _ �., W 3� Q c�vo t, � tiIGIBOA c+Y�S Z.01'x' � D,b$'�n1T0 77'� Sod7NE2GS - 4) 721 U7tj''�2 o C ? �r�'/6N7-Pam urvd Y ,e S cV 7041�?LI`c�? fs i✓�7 f>a�,{ll�A?cf pn./ Ttr'& Sr1GSTr;G�' P,adP�i�a'�! ACCCFCM TO THE NATIONAL ROOD SINCE PFlOQW THE SLS JMT PROPERTY FALLS It ROOD ZONE! QTY No.: PANt3 No. 8UFRX I DATE:OF F'L#k I PAM ZONE= I BASED FLOCK)EL.EY: /.XO 619 a or J LOCA11ON MAP (N.T.s.) T!E �4j- r T. v N( CA PROPERTY ADDRESS: 6230 S.W. 70th Street, Miami, Florida 33143 . LEGAL DESCRIPTION: The West 54 .00 feet of the North 88 .00 feet on the East 137 .00 feet of the North 150 .00 feet of the West 'z of the Southeast J, of the Southeast 4 of the Southwest 4 of Section 25 , Township 54 South, Range 40 East, lying and being in Dade County, Florida,. FOR: MARTA MILLIAN GONZALEZ. CERTIFY TO: MARTA MILLIAN GONZALEZ .. UNION TITLE SERVICES, INC. STEWART TITLE GUARANTY COMPANY, INC. SURVEYOR'S NOTES: PREPARED BY: 11 This&xvey was conducted for the purpoee of a'Scunday Survcy onty and b not intended to dorroam ere regutafory weanctIon of any hKwal,state.r or brAd agency.board,commiaetcn or other erg,,. GUNMR GROUP, INC. LB 4507 2)The accuracy 0DW100 by M"Kif srnenm and CaMuIabors on riia eurvev.r..eM and enoeeda the NW-*urn Tewucat Standards LAND SURVEYING—LAND PLMMNG gKwkementa for a.Stb6rben area(1 root In 7.600 leap as speGlled In Chapter 61 Gt 7-0.Flodde°drnnlaeative Code. 3)The Sunny doom not nellect or oelerrrine owners". 9350 S.W. 22nd TERRACE 4)Lapetdsaelpdon MA*30 to any dedications.IVritetiora.restrrollons reservations or eesements of record, MIAMI, FLORIDA 33165 00aminalldn of the ACabsiot of Tttie RN have to be made to delermine recorded Instr rrenm,at any effadtlnp the property:search s ruon o a. ofFPublb'Raxrds riot Pariormad by lha once_ n (305) 220—0073 6)No af(Ort was made by this ofece to IOC, arty underground utllabs and/or free wstan a mouto ng the tablecI prop" I W CALCUIATIM nmvo ads vvt B)TTila sw-ay has bear prepared for the aau 0.ah a use of the ertittlae named hereon oM/end me care!cart m hero do not nnaa r edeWlo ar.unnwya Parties. rt/r �� 9#LIEW fi e I'i v iMirn U ft T spemerrie not rated as vitiators r o a��Eit ar6t�r°i enlcco 10).t]nvbwaye a pato er tfharsd wit mh Floedweys not noted are vglatdne a e hCloflGh*nor�9 C/s CATM 4"M - 11)FoeruMons antlbr botinge undaneeth the grand surface riot may,Crate beyond ins borwary Ines of to hash dgewt ed Mt►) o.0. p, are not shown - 3� �t,"aa 12).AN Mon Poes or Pater lound and mown on the ek&=of sway farce no baps unless otherwise stated. a It aua t3).Fare ownership dlEemvar try vbuai mown only(d any).L.ogN ovrnarshlp not dat/mvried. red aoyaa )cv.14).No eaarch of records was made try rib firm beside the record plat therefore we do not Imply m eoceat rnepor-nelblty hoc any r m iFBCX e Eaaertet Dedication of LVrietim for which rfarrteOn was not RrrESthed. carPat[ 15)Oapla=the mpptepdam autnprIllm prldr to arty dwig n work on rim netadrn,r wrtbed peraml(u gu MV ono Zoning s.NCrmaean 03110"PoLf 10)Professional Land Surveyor and!Mapper In reeppr�la Charge:Rolando Ordz LS 4512.Steno at Florida. ��m a� 17)This snvey Is not valid NNnout the slgnekre mid to rabed seal of a Ronda Lmnsed Lend Snaveyor and Mapper. W 1=oath $Y: RbLANDO ORT12 lS 4312 G, rbslMMnhT co."'M raMi 1 hereby 0arely b the above named&M andor persons riot the Sketch of Survey of the described property b true ono correct to vvi roar°rr eau°i Imp OR:.OFESSIONAL LAND SURVEYOR the toot ot my W=wIVdga and I All I.as recently ituveyed and Planed under my dtrecbon:also that meet the f umYnrn Tecr rwcal & MAPPER. -STATE OF FLORIDA Standards sea In Chapter 61017-0,Florida Admi istr etIm Code.purauara W Section 472.021 Fiorlde Sfeeaee. a DATE: I JOB No: I W=T Not n I DRAWN BY- � F MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays v'a , », ryt "+ks"�.` wta°wy ei` Miami,Miami-Dade Coun ,FloridakF > a r e Y �' Y q�t� CITY OF'SOUTKMIAMU`t" ,t STATE OF FLORIDA "n tr t kNOTICE OF PUBLIC HFARING fti COUNTY OF MIAMI-DADEr`�`¢r tt � ar G�, �� ,; 3" t �" xSE tsb } h X31ktwtr � 'xhwyfT7 w NOTICE�IS HEREBY given that'the Cdy Commission of the City of Before the undersigned authority personally appeared Southy Miarm Florida will conduct Pubhc Hearings dunngtsrregular,City O.V.FERBEYRE,who on oath says that he or she is the Carnmissiorl Fmeeting}on Tuesday.Angutt-,3,x2004 beglnning zt T 90 SUPERVISOR,Legal Notices of the Miami Daily Business p'm+ intheCityQommisswrtCharnberss6130SunsetDnve toycansitler w,v t 2 o n � " �a irk�o "wrjid Review f/k/a Miami Review,a daily(except Saturday,Sunday r` � and Legal Holidays)newspaper,published at Miami in Miami-Dade c' $THE CITY`tOF SOUTFL M AMI F OR DAyRELATINGhTO County, Florida;that the attached copy of advertisement, y REQUESTTO ALLOtW'FOR THE CREATION'OF TWO BIPILD=' ' 1 being a Legal Advertisement of Notice in the matter of ja pBLE LOTSKAS PERMITTED BY PROVISIONS3SET"FQRTH� {s"IN'SECTION:20-4 2(B)OF THE SOUTH MIAMI LAND DEVEL;' ff uOPMENTt CQDEtAND SECTION 28-4 OFTHE MIAMIgDADE CITY OF SOUTH MIAMI-PUBLIC HEARING-8/3/2004 ;'{,'COUNTY#CODE PERTAINING3T0 A VNAIVEROFr�PLA�FOR FOR THE CREATION OF TWO BUILDABLE LOTS,ETC. n� PROPERTY LOCATED AT 6708hSW°67"AVENUESOUTiH, in the XXXX Court, ti fZONIAN}G USE ADISTRICT NPROVID NG FORE�D LEGAL , l was published in said newspaper in the issues of r DDEA ERIP�.,C 4AND�PROY DING FOUR AN EFEECTNE i v @, r aviit'41roa lam%° 1"�yP 07/23/2004 'iARESOLU�TIO�N OF,THEkMAYOR&CIT�1G� OMMISSIbN'OF ` TFICITYOF SOUTIi,MIAMI, FLORIDA RELpTING,�101 sx1;EQUEST FOR�APPROVAL OF THEFOLLOWING TWO`E Sr Affiant further says that the said Miami Daily Business pARKI�NG�/ARIANCES INrORDER TOPEIMI�PROPERTY, Review is a newspaper published at Miami in said Miami-Dade I:OCATED AT 8230 S "'7W TH STREETti1N_"ANi R0�RESIDEN u County, Florida and that the said newspaper has rTIALOFFIC ZONING`USE DISTRICT O'aBE USED'AS��A heretofore been continuously published in said Miami-Dade County, gym;COMMERCIA OFFICE;BUILDING '(1)YAR(ANCE FROMi h Florida,each day(except Saturday,Sunday and Legal Holidays) tiSECION 20=4 4(B)( 0)�bF THEj,LAND'a k DEVELOPMENT r n and has been entered as second class mail matter at the post R C�ODg �LLOW FOUR OF"F STREET PARKING SPACES,d s office in Miami in said Miami-Dade County, Florida,fora " W ERE THE RE�QUIRED�OFF STREET�P�ARICING�IS FIVE period of one year next preceding the first publication of the 3hSPACES, a(2)f VARI/(NCE FROM SECTION20 4 4(x(3) OF } attached copy of advertisement;and affiant further says that he or m�fiTHE LAND AEVELOPMENT CODE T40 ALLUW-REQUIRED she has neither paid nor promised any person,firm or corporation f r PARKING TO BE LOCATED IN *H she P r WH�CKIS P,ROHIBITED IN THE RO ZONING USE DISTRICT ;tt any discount,rebate,commission or refund for the purpose �T'*AND`PRQVIDING FOR AN EFFECTIVE DATE of securing is adv ment for publication in the said l�„ o i ta5f ,j newspap Inquinesconcetnmg�thls�temn should be directed Ito the Planning R Department at'309-7663-6326 ,�� frc''� 9yrtd "�yr 4 / AFL Intdreste 1parties are invited tO attend and will be,Iieard Sworn to and subscribed before me this k 3 x 3 F ManaM Menendez',s u rzr pX` F s '� �' S - '� •' ` City of iami y)- 23 LY 2004 r�' ats 5ri� r�"a �,dPursuant.,to�flontla£Statutesy286 0105 atFie City herebya adrnses the puh--hat rf a person decides to appeal any decision made by this Board'`3 Agency or�CommissionNxnnth respect to any matter consitlered�at its't ,meeting ffor heanrg he or she will need a record of the proceedings and (SEAL) that fosuch purpose affected person may needrto ensure,that a verbatim i1 P00 Maria 1.Mesa record of the proceedings is made,which record includes the estimony r O.V.FERBEYRE person4t o rWdammission DD293855 and evidence upon which the appeal is to be based f42�x aR Expires March D4,2008 -7affkod Maxin9 6alon for(en &omen 27 , o ✓fie 4e 1&uwpeav war in flee 96ve &omen N Full bikini with buttock..........$20 � �� D Full legs&bikini line...........P0 Eyebrows..........................$10 Xen, Z Back&Shoulders...............P0 � f� 1 Full brief............................5$:3S Chest&Stomach................$2S xem-✓�nnaalpacCa9es: !r _ - Yearly maintenance for one fow price. w T'!i pa more Vri,d us loorayl X _ Luna Katzutra ' E 3107 Commodore.%laza•Coconuf✓-roue o Oef)305.774-17d8 % m L i ; COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA � 3 9 Iw On Tuesday, August 3, 2004, beginning at 7:30 p.m:, in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: 1.A RESOLUTION PERTAINING TO A WAIVER OF PLAT RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AT 6706 SW 67 AVENUE,SOUTH MIAMI,FLORIDA. 2.A RESOLUTION RELATING TO A REQUEST FOR APPROVAL OF TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" (RESIDENTIAL OFFICE)ZONING USE DISTRICT TO BE USED AS A COMMERCIAL I '. OFFICE BUILDING. I I Maria M.Menendez City Clerk For more information please contact-the Planning Department at:663-6326:, Get the EJ1Vd Ad�anta��o I &r Math and verbal review l°J Small classes l(Test-taking strategies Expert instructors Er Practice tests Lrcompetitively priced Courses also available for. For a brochure;call i i PEAT,ACT,SAT II,and individual tutoring 305-529-3999 . j a i UNNERSITYOF i I DIVISIO[i OP CONTTNI7ING SI'IRIiPS I I A � DREAM , WATCHES. DOWN TO m EARTH PRICES I Come see our large i selection of New z T and Pre-Owned Swiss ' t r: Timepieces including Rolex, City of South Miami PB-04-011 Special Use Approval 6230 SW 70th Street 6 6611 6610 6611 6610 6611 6610 6621 0 ° 6616 6621 6620 6620 6621 6620 F— 6631 ° 6632 Q 6621 U o = 6641 6630 6631 6640 6631 6630 0 6701 6�0 6700 F- 6700 6701 6700 6701 6700 N 6711 0 0 �� (0 6701 (fl `� 1 6710 6711 6710 6711 6710 6718 CJD 671 N 6721 ° 6720 6721 6720 U) 6721 6720 6721 cn° m CD r- 6731 6730 6731 6730 6731 6730 6731 CD SW 68TH ST 0 0 6300 6801 6800 6801 6800 6802 6g$0 6370 6350 .' 6812 r ^ M M M 6840 6815 6810 6825 6820 5950 co co 825 6820 cMO <° co ccOO 6303 6841 6 FST 0" ° cO 6g 00 o v o 000 6910 00 6917 o N 6912 6240 6230 rn 0 � � o co m co C. 6930 8925 0 0 o CD 6929 cq 6950 �<r ° ° � 6931 1 c°v coo v v c2 o 0 0 6970 CO 6941 �O� 6941 cNO m 940 6941 co CO co cO co m 70TH ST 9 C) 7000 7001 7000 7001 0 7000 o N 'p0 7020 cD M m Mo 7040 7011 7020 7021 0 7010 7015 X000 U 7021 7030 7041 7030 W 7101 f—7109 7031 7040 0 7105 0 ° 7051 7090 = 7101 7111 7040 7107 SUBJECT ^ J7171 7110 7110 7110 PROPERTY 0 7111 7115 7114 7111 7120 � 7121 � 0 0� a, ,n 6201 N 6101 6341 CCD ce) c' m N CO Co � CT (o SW 72ND ST U) ° 6180 '2 �o O 633 32 6310 to R � o 0c� 7223 °', J m 7231 0 7231 `➢o CL " ° o N 7230 7243 p ti N °j 7240 Z o � 7251 7240 7301 7248 � 7311 v 7311 7340 7310 7313 7320 7300 7321 7320 , 7321 LrI 7331 7330 U) 7333 7330 , o M w ^° 7341 7340 6331 7340 ° 0 300 600 900 1,200 1,500 Feet City of South Miami Planning & Zoning Department City Hall,6130 Sunset Drive, South Miami,Florida 33143 Telephone:(305)663-6326; Fax:(305)666-4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 2,30 c LO -�L? S Lot(s) Block Subdivision PB Meets & Bounds: Applicant:j , �y(�o S Phone: 0�- j Representative: Organization: S/UiV Address: Phone: �75' Property Owner:A 0AV2 Signature: Mailing Address: � �; Phone: Ms� 940 Architect/Engineer: / _� � Phone�� t- I AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: 'Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _Text Amendment to LDC Variance Letter of intent _ _Zoning Map Amendment _Special Use Justifications for change _PUD Approval _Special Exception Statement of hardship _PUD Major Change _Other Proof of ownership or letter from owner Power of attorney Briefly explain application and cite specific Code sections: _Contract to purchase t/Current survey(1 original sealed and \ A I(OW (Li t ed ku 4IM4 h �� 20VF signed/1 reduced copy @ 11"x 17") 5 copies of Site Plan and Floor Plans �j bw Dive (J' 1 reduced copy @ 11"x 17" _20% Property owner signatures ' Section:2U Subsection: Page#ZB Amended Date: Mailing labels (3 sets) and map Required Feels) L_ The undersigned has read this c mpleted a plication and represents that the information and all submitted materials are true and cone the best of the a lica tJs kxowl ge and belief. ® App icant's Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing 1l!'_7-43-9c( Date of Commission Petition Required -' Petition Accepted ✓ Method of Payment 8/2/00 Skin Source Inc. 8220 SW 52 Ave S. Miami, FL 33143 305-740-6181 Application for ZoninE Variance Date: May 23, 2004 Location: 6230 S.W. 701h Street, South Miami, Florida 33143 Legal Description: 25 54 40 .10 AC W54FT OF N88FT OF El37FT OF N150FT OF W1/2 OF SE '/a OF SE 1/a OF SW '/a LOT SIZE 4750 SQUARE FEET OR 10160-2164 0600 1 Variance Requests for the above referenced property: 1. to allow for parking in the front set back zone. 2. to allow for-one less parking space than currently designated Hardships: Whereas: 1. The inherent lay of the land and existing improvements directly interfere with available space for off street parking. a. The configuration of the footprint of the preexisting structure does not accommodate sufficient space for parking in the rear or on either side of the improvement. b. The presence of old growth oak trees centrally located within the perimeter of the property directly interferes with available grounds available for parking space construction. c. The size and shape of the land presents a peculiar hardship by interfering with the design necessary to accommodate parking space requirements. d. The resultant lack of available off street parking directly interferes with the allowed use of the property in its current R-O zoning classification as a commercial office. Justification: Whereas the subject property: 1. contains a preexisting structure; 2. is subject to zoning requirements that do not allow for parking within the front set back; 3. occupies a unique configuration that presents a peculiar hardship; 4. will necessitate demolition of the existing structure in order to achieve sufficient set back for parking space design; 5. contains old growth oak trees which occupy coordinates critical for parking space design And whereas: 1. preservation of the existing structure would maintain the residential character of the property; 2. use of the front set back for off street parking is in keeping with similar use of the front set back zones of the neighboring residential properties; 3. preservation of the existing old growth oak trees would be accomplished 4. the requested modification in the number of parking spaces only represents a fractional reduction in the currently designated five spaces per 250 ft2 to the fractional difference of one space for every 279 ft2. Granting of the above requests for variances will cure the existing hardships and allow for use of the property in its current R-O zoning classification as a commercial office. For these considerations, 1. any claim to use the property for a more intensive commercial use, such as a medical office, will be relinquished; 2. a comprehensive landscaping plan presented herewith will provide enhancement of the current vegetation and natural beauty of the property; 3. such landscaping would further camouflage the proposed parking spaces in the front set back. Thank you for your co iderat' n of the ab ve requests for variance. Arthur S. Colsky f f4 2 71 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 13, 2004 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:47 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson,requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Gibson, Mr. Comendeiro, Mr. Liddy, and Mr. Illas. Board members absent: Mr. Mann. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB-04-011 Applicant: Dr. Arthur Colsky Location: 6230 SW 70" Street Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE Planning Board Meeting July 13, 2004 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. Note: At this time, Mr. Illas informed the Board with regards to Item PB-04-011, he would recluse himself from voting. He explained that as a realtor he had assisted in the closing for the purchase of the property. Mr. O'Donniley concurred that it was appropriate for him to recluse himself. Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained that the applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated"RO" Residential Office Zoning Use District. Additionally, Mr. O'Donniley stated the parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for commerical offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for mist professional and business offices at a formula one space for each 250 sq. ft. of gross floor area. Offices such as medical, dental, or other health related uses would not be able to locate in this building due to a higher number of spaces required. He also noted that the applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area,thereby resulting in the second variance request. Planning staff recommended that the two requested variances for 6230 SW 70th Street be approved subject to the following condition: commerical offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. At this point,Mr. Morton opened the public hearing. Applicant: Arthur Colsky (Owner) The Board, staff, and applicant discussed the request. The applicant stated that the property will not be used for medical purposes, instead it will be used as an office. He plans on improving the appearance of the property with landscaping materials and will save the two large oak trees, which are shown on the site plan. Furthermore, Mr. Colsky stated that he a . Planning Board Meeting July 13, 2004 had no objection to adding turf blocks to the property. Mr. O'Donniley commented he had an e-mail which he needed to enter into the record. This email was written by Beth Schwartz, who is a neighbor located two houses away from the 6230 SW 701h Street. She indicated in her email that any consideration of the variance request should be based upon requiring the implementation of the Parking Study for the street.. She further explained in her e-mail that neighbors would like to request a small raised and landscaped culdosac which could be placed adjacent to the newly relocated do not enter signs. This culdosac would allow for commerical parking on the east side in a semi circular fashion as to provide for maximum parking spaces, and a moderately landscaped greenspace area on the west side for the many residents who walk. Speakers: NAME ADDRESS Dean Whitman 6259 SW 70th Street Opposed application Mr. Whitman strongly opposed the application. He provided the Board with an article from the Miami Herald. Furthermore, he voiced his opinion about traffic problems in the area and his disagreement with the requested variance. After hearing a summary of Ms. Schwartz's email Ms. Yates recommended that in the future the Parking Study be further review by Planning Staff. In addition, Board member Ms. Gibson informed the Board that the property was formally used as a day care center classroom. Mr. O'Donniley stated perhaps that it.was for that reason that the "RO" zoning was designated. Board member, Mr. Comendeiro was concerned of the possibility of a day care being opened on that property. Mr. O'Donniley asked the applicant, Dr. Colsky if he had any objections to specifically eliminating day care as a potential use. Dr. Colsky had no objection. Therefore, the following amended motion was passed. Motion: Ms. Gibson moved and Ms. Yates seconded a motion to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. The motion was approved by the following vote: Vote: Ayes 4 Nays I ( Mr. Liddy) Recluse 1 (non-voting) (Mr. Illas) E:\Comm ItemsU004\8-3-04\Excerpt PB Mins 6230.doc PLANNING DEPARTMENT tollt.-6130 SUNSET DRIVE SOUTH MIAMI,FLORIDA 33143 305/663-6326 FAX 666-4591 ' March 27, 2001 Dean Whitman 6259 SW 70th Street South Miami,FL 33143 RE: 6230 SW 70' Street Dear Mr. Whitman: Regarding your correspondence dated March 22-'2001. I share your concern about the preservation of the single family character of your neighborhood. The City of South Miami is striving to protect and improve the quality of our residential neighborhoods, and your comments and observations are most welcome. The issue of traffic intrusion into the neighborhood is especially troublesome; as you have suggested, based on our experiences with the Manor Lane neighborhood,the City is certainly planning to study other residential neighborhoods to solve traffic problems. We would hope to begin studying your neighborhood as soon as possible. The issue of the property at 6230 SW 70th Street has a long history. The City's Comprehensive plan was changed back in 1982 to designate the property in question for offices. Subsequently, the zoning for the property was changed in 1988 to the"RO"Residential Office zoning district. The current zoning remains RO. The RO zoning district contemplates low intensity offices in former residential properties, which are located in close proximity to residential areas, as a buffer between the residential areas and more intense commercial activity. This property, therefore, does have a vested right to develop an office use on the site. However, be advised that an application for a parking variance for the site was denied by the City Commission several years. ago. In order to put a medical office into the house, the parking variance would have been required. At this time, in light of the denial of the variance, only certain very low intensity office uses could be located on that site and still provide the required parking. Please be.assured that the City will enforce all provisions of its Land Development Regulations, including landscaping requirements, parking requirements, and other operational standards, to insure that any office that would .. locate at the subject site will present a minimum level of negative impacts to the surrounding residential neighborhoods. I hope this information is helpful to you. Your concern regarding your neighborhood is greatly appreciated. Please do not hesitate to contact me at 305-663-6327 if you have any further questions. Sincerely, Richard G. Lorber,AICP Planning Director C: Charles D. Scurr, City Manager J:\RO letter.doc ' 1 CITY OF SOUTH MIAMI PLANNING DEPARTMENT AFFIDAVIT AS TO POSTING OF NOTICE Pursuant to the requirements of the Land Development Code Section 20-5.5(G)(2) a sign providing notice of a City Commission August 3, 2004 public hearing was posted on the following properties: 6230 SW 70 Street 6706 SW67 Avenue The notices were posted on Thursday, July 22, 2004. (11 days prior to the hearings- 10 required) by the individuals signed below. The undersigned attest that the above statements are true facts. R. Don O'Donniley, AICP Planning Director 4 ...fib anford�AYouk'ifis, AICP Planning Consultant August 3, 2004 DOD/SAY WCGRUMPLANN[NG\Comm Items\2004\8-3-04\Posting Affidavit.doc r So U T� South Miami All-Amaica City - 1 l • INCORPORATED • 1927 LpRtV zoos CITY OF SOUTH MIAMI To: Honorable Chair& Date: July 13,2004 Planning Board Members From: Don O'Donniley Re: Variance Request Director of Planning 6230 SW 70th Street . PB-04-011 Applicant: Dr. Arthur Kolsky Location: 6230 SW 70t" Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE. TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA'WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated "RO" Residential Office Zoning Use District. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-4.4(B) "Parking Requirements" • Land Development Code Section 20-4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6.1(13)(3)(h) "Planning Board Duty" BACKGROUND (1) The subject property is a single family residential building which is a legal non- conforming structure (dimensions substandard). The property may continue to be (2) (2) used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. (3) The property is located on a narrow street with opposing one way traffic. North of the property (RS-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM-24) is an apartment building and a tennis court (4) The parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for commercial offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 s o gross floor area. Offices such as medical, dental or other health related uses would not be able to locate in this building due to a higher number of spaces required. The applicant is proposing to save several of the large oak trees currently located in the front-yard of the property. This action will limit the number of spaces on the site to four, resultiny, in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property and his efforts to preserve the mature trees and on the site directly results in the need for both parking variances. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of a the City's parking requirements would result in peculiar hardship upon the owner of the subject property. (3) • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • . The approval of the variances should recognize that certain type of commercial offices will not permitted due to their increased parking requirement. RECOMMENDATION It is recommended that the two requested variances for 6230 SW 70th Street be approved -subject to the following condition: (1) Commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. Attachments LDC Applicable Regulations Location Map Application Letter of In tent/Justification Survey, Proposed Site Plan Copy of Public Notices DOD/SA' 441 E:\PB\PBAgendas Staff Reports\2004 Agendas Staff Reports\7-13-04\PB-04-011 Variance 6230 SW 70 Str Report.doc. ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parking Requirements Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.3D. Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2).spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten(10) units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. (5) One and three-quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred (100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One (1) space per two hundred (200) square feet of gross floor area. (10) One (1) space per two hundred fifty (250) square feet of gross floor area. (11) One (1) space per three hundred(300) square feet of gross floor area. (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand (1,000) square feet of gross floor area. (15) One (1) space per four(4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. • Land Development Code Section 20-4.4 (F)(3) Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1)ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after six. (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. City of South Miami Planning & Zoning Department ® City Hall,6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305)663-6326; Fax:(305)666-4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: (92W St ) -�Q S+ Lot(s) Block Subdivision F PB Meets & Bounds: Applicant: S Phone: n- yo / Representative: (� Organization: Address: Phone: / Property Owner:A h�2- - /� „ S Signature:. Mailing Address: w �; Phone: 3 Q ;_ 9 t LO (0 10 f Architect/Engineer: / Phone- AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: —Text Amendment to LDC -Xvariance _Letter of intent —Zoning Map Amendment _Special Use (Justifications for change PUD Approval _Special Exception Statement of hardship _PUD Major Change _Other Proof of ownership or letter from owner _Power of attorney Briefly explain application and cite specific Code sections: _Contract to purchase Current survey(1 original sealed and /� �!J �'I W kj pJ to kv -�rffo/ qe h � �� signed/1 reduced copy @ 11"x 17") / ^ � �� X15 copies of Site Plan and Floor Plans Rte! ,W7 `1nC�1,,� 1 reduced copy @ 11"x 17" _20% Property owner signatures Section:�(� Subsection: Page#?B Amended Date: Mailing labels (3 sets)and map Required Feels) The undersigned has read this completed application and represents that the information and all submitted materials are true and 4Apppicant's Athe, t of the a licU9s ow l �e and belief. Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for com liance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected anlretumed to the applicant. OFFICE USE ONLY: Date Filed- t-3)5---6q Date of P Hearing '1- 8��( Date of Commission Petition Required Petition Accepted V Method of Payment 8/2/00 City of South Miami PB-04-011 Special Use Approval 6230 SW 70th Street 6611 6610 P6710 6611 6610 0 rn 6 6616 6621 � 6621 6621 6620 � 6620 H U 6631 C:) � 6632 Q 6631 6631 6630 = 6641 6630 p 6701 6,0 6700 F- Z `9 d 6700 6701 6700 � 6711 0 N ��` c0 6701 �-' 6711 6710 6711 6710 6718� 6721 6721 6720 6721 6720 6731 w 6731 6730 0 6731 6730 0 SW 68TH ST 0 0 6300 6801 6800 6801 6800 6802 6gR0 6370 6350 6812 Mme, M 6840 6815 6810 6825 6820 5950 `M° (0 6303 6825 6820 CO 6841 t6'.i o �O 0pti LP 69 0 0 6901 O 6910 � 000 6917 N N 6912 6240 6230 rn 0 ° m co coo 0 6930 6g25 0 o 0 6929 ° N 6950 Co �cr rn � 6931 1 o 0, 0 v N o w `O 6941 �O0 6941 �00 0 m 940 6941 0 co co c4 co co ° co 6970 70TH ST 0 7000 7001 7000 7001 0 ,000 o° N 7p09 _ m 7020 N > ca M 7040 7011 7020 7021 m 7010 Q 7015 X000 H U 7021 7030 7041 7030 Of 7101 E-7109 7031 7105 O o 7051 (n 7090 > 7040 0 7040 7107 SUBJECT ^ > 7171 7110 Q r 7101 7110 7111 7110 Q 0 7111 PROPERTY 0 7120 7115 7114 7111 M 0 6161 0 U) N Z M GAO, 0') LO o 6201 CN 6101 6341 M N cfl O� 0 0 Cn m � SW 72ND ST ° j731 '�' n- 7240 633 32 6310 �°7223 7231 0 7231 ° a o 41 7243 7240 Z N 7251 7248 N N 7311 7301 `O 7340 7310 7313 7320 n 7300 7321 7320 3: 7321 7331 7330 7333 7330 _ -4 o M W ^� 6331 7340 c� c,-- ° 7341 7340 0 0 300 600 900 1,200 1,500 Feet S ET H CAE SURVEY scAL E ,• 12fl.001 . : X s F-14V tJ _-=-&,caOp CNes 10,60 j t�►?D THE &5T6R o, • 6 f�CA V�%�- r P#?&-A-rK c.rIJe!. f J VTO Tel E rl l� d � NOrIV (R1 Cry) 3} Q ubop Etil A cXFS Z,.OD'' � 8rbJ1'in/T©TX� Sod�,d�2.G.7' a/O-ra e A) fz,,, p 3} t�/SSicSG.� F. A�HM�N15. .Tli'e S,ovT+r'./2 o L 7�re ,�'1dr1T--@ Y � 5 u) 70'0 1;Tg,6�6 T /5 Ho7" OeVie-IA?E© 0,V PAd3P�R.T+/ AGCDRJG TO TFE'NATMAL ROOD NMW4CE'RR�THE MSJEGT PROPEPTY FALLS IN FLOOD ZONE: QTY No PANEL Na: 1 SUFM: GATE OVFFM TRW ZE E. wam FLOOP e-m J69� 0 2 7 6 S 7/7-/39s" "•X" eu/9 LOCATION MAP TM d€ � . 411 PROPERTY ADDRESS: 6230 S.W. 70th Street, Miami, Florida 33143 . LEGAL DESCRIPTION: The West 54 .00 feet of the North 88 .00 feet on the East 137 .00 feet of the North 150 .00 feet of the West i of the Southeast 4, of the Southeast 4 of the Southwest 4 of Section 25 , Township 54 South, Range 40 East, lying and being in Dade County, Florida,. FOR: MARTA MILLIAN GONZALEZ . CERTIFY TO: MARTA MILLIAN GONZALEZ . UNION TITLE SERVICES, INC. STEWART TITLE GUARANTY COMPANY, INC. SURVEYORS NOTES: PREP{ BY' 1)Trig evvey was COrdtR:Yed Mr the Purpose of a'Boundary Survl only and a not mended to delineate fie regudffipry lu nso ction of",kinmal.area,reglonat or local agency.board.commlas;ici or aMw entdy. GUNTER GROUP INC. LB 45C7 2)The aCCLUSCY obtained by ai/aeumT enta aria CalCulatiom on Via Burly,metals aid eweede Cx Mnilmum Teasncal Statdmde LAND SURYEYNG-LAND PLANWG requirements lot a Suburban area(t foot In 7.500 feel)as epeolffed in Chsater 61Gt 7-6.Florida^dm�e Code. -M This,Survey does not reelect or dea@rrTik a ownersho. 9350 S.w. 22nd TERRACE 4)Lagal.daaalptlal ard7JeCt:lo ay dedkretlaa,lerthaspro.retst'ictlorts reseniatlale or eeaemems of record. MIAMI, FLORIDA 33165 5)Exernlratlat of the Abs"tat of Title rva.have m be made to delmrine recorded lnsin rients.rt any afeolmg"property.searrn n ®aT v ra. of pdCBc.Fleoards rot performed by Vas office. a (305) 220—0073 e);tvo�elrot wee medrby thb otf)oe to locate airy under)pound ueleles mtrlfor emucwnse wMM Of abuftirtg Via S."M prcper0'.. lt«.) CAun"Tc 8)Tfiie sux+ey hen.-been prepared for the excivah a use of fhe enMw nerved hereon onf/end fie ceraRcailons hereon do no! n. retee caw cot rxe raw O ftl mQSM It,en,,rrrvterrted eerllea. myk rard�oeu sac '9}'1t13LLY facades vises.lh6ltyEatar*@en>g not noted as violations - FA W° a�ar iq:Dirat vet's a purtrorra the eW w Vin eye not noted 06 v oiabcna Of encroachments are tAmr AMR, 11)Founded"atdbnfdotirtge uidemeam the ground sumacs thst may arose beyorid Vre boundary Imes of Vie herein described (m►). iscx "area me pBldel:ere not atwwn .. & ■aexelrr d 12)A iron Pipes or Reber found and ahown on fhe sketoli of survey have no ceoc unleea otherwise stared. t. etao@n urn[ CL nrur T3)F&M&ownere/'fp deterrtrne by vtauef rnaer'e 01tly(d any);Legal ow w1hp riot oesarmmed: rat. a@omta ! 14)No search of record@ was made this fon beside Vin record Plat:therefore we do rot I Clr. akrk 3ra tort[ . M Imply or'saxot re�ortelDter for cry ... arm rata Eeasma t.Dedbeticn or L'rPo adon for watch irttorrra on was not funif&ted. , enroll 15)Ca rmcl 9-m aaRVpnua amwrmes pnor m any design wok m are harem-ollec. ea parcel for DAMV and Zorn raonreaon f ' )e- 11)tq'trrotese mat t er d 6trv�yo and Mapper m reepana bls cs arge:Rolar do Ortlz L3 431 2,f3tete of Flo da. env a rr cta Trpa eun e,is not mild vAMW 7fe signature and ttte ralMd Baal of a Ronda Licensed Land Surveyor and Mapper. r'0. M00°vauc BY: R DO ORTIZ LS 4312 . v. cian KU :co .erour[rn m@ma vp.r OR:. RICAROo ORTIZ LS 5629 I neteby aerely to a+e wove named Pmt andAOt persons Vtat true s><etG,d Bouvet'a V+e OseoA4ed pCOpery le true erxl oOnetY m P� ow°� PROFESSIONAL LAND SURVEYOR Via beet of my knowledge arts beW.se recmtlA'tarveyed mud plaited under rry dtredeon:also Vtil rtreete Vic Nt rwrnxn TatfxvCW n.r °vrr'a 1.rmrct & MAPPER. STATE OF FLORIDA. Slarodards set in Chapter 61017-6,Florida Admsttseaeve Code.purauant to Section 472.027 Fbdde BtaeaBs in ,f?A.. .108 No,; I S(EFCW No: DRAWN BY'- F -200 aO-1.381- 1.2613 /3a 34 ,2 ,.a Skin Source Inc. 8220 SW 52 Ave S. Miami, FL 33143 305-740-6181 Application for Zoning Variance Date: May 23, 2004 Location: 6230 S.W. 70th Street, South Miami, Florida 33143 Legal Description: 25 54 40 .10 AC W54FT OF N88FT OF E137FT OF N150FT OF WI/2 OF SE '/4 OF SE '/4 OF SW '/4 LOT SIZE 4750 SQUARE FEET OR 10160-2164 0600 1 Variance Requests for the above referenced property: 1. to allow for parking in the front set back zone. 2. to allow for-one less parking space than currently designated Hardships: Whereas: 1. The inherent lay of the land and existing improvements directly interfere with available space for off street parking. a. The configuration of the footprint of the preexisting structure does not accommodate sufficient space for parking in the rear or on either side of the improvement. b. The presence of old growth oak trees centrally located within the perimeter of the property directly interferes with available grounds available for parking space construction. c. The size and shape of the land presents a peculiar hardship by interfering with the design necessary to accommodate parking space requirements. r d. The resultant lack of available off street parking directly interferes with the allowed use of the property in its current R-O zoning classification as a commercial office. Justiflcation: Whereas the subject property: 1. contains a preexisting structure; 2. is subject to zoning requirements that do not allow for parking within the front set back; 3. occupies a unique configuration that presents a peculiar hardship; 4. will necessitate demolition of the existing structure in order to achieve sufficient set back for parking space design; 5. contains old growth oak trees which occupy coordinates critical for parking space design And whereas: 1. preservation of the existing structure would maintain the residential character of the property; 2. use of the front set back for off street parking is in keeping with similar use of the front set back zones of the neighboring residential properties; 3. preservation of the existing old growth oak trees would be accomplished 4. the requested modification in the number of parking spaces only represents a fractional reduction in the currently designated five spaces per 250 ft2 to the fractional difference of one space for every 279 ft2. Granting of the above requests for variances will cure the existing hardships and allow for use of the property in its current R-O zoning classification as a commercial office. For these considerations, 1. any claim to use the property for a more intensive commercial use, such as a medical office, will be relinquished; 2. a comprehensive landscaping plan presented herewith will provide enhancement of the current vegetation and natural beauty of the property; 3. such landscaping would further camouflage the proposed parking spaces in the front set back. Thank you for your co iderat' n of the ab ve requests for variance. Arthur S. Colsky t•1��ICE OF PIDBLICHEARINta , 5 , t CITY OF�OUTF!MIAMI MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and >; t .s y Legal Holidays a ia' 2 r F M3 � fad Miami,Miami-Dade County,Floridan . !i �� ` ,, + ; +_ G r;'1 1 a 1 a, A,¢ Ip F'SGJ Y "1 7 z,attS' 7 K ` x ............i- STATE OF FLORIDA " >^' � k FMCORPORkTm •' s "rr° n COUNTY OF MIAMI-DADE: ; L � c C Before the undersigned authority personally appeared -*y T � `�£1.10, r fY,Rf � th ais<s� . i O.V.FERBEYRE,who on oath says that he or she is the xf, t3PNINGAND,ZON(NG DEPARnTMENT{ SUPERVISOR,Legal Notices of the Miami Daily Business "6130SUNSETDRIYE;SOUTH€MIAMi,FtORIDA 33443 "PHONE [30514634326,,PAX#,(3b5�666=459 p r Review f/k/a Miami Review,a daily(except Saturday,Sunday t �4 't } x� Uf ^��' ,r_ and Legal Holidays)newspaper,published at Miami in Miami-Dade <m� # County,Florida;that the attached copy of advertisement, o Tuestlay„GJuiykt3,�20U4atR7,30 P M ythe C�tyof,South Miami zBoardwilHcoradbct„t?ublic Heann_gs imtfie C1tyFoftComrriission Chambers being a Legal Advertisement of Notice in the matter of atihetabove addRe x t <. F{ t�� AJ'PB-EIMOOSis 9+r �r 'P )§ a,16 CITY OF SOUTH MIAMI-PUBLIC HEARING-JULY 13,2004 ' �Applicartt. .lainesDenrna t 'ai�€ arh K f a ;.ur ITEM:(A)PB-04-008 - APPLICANT:JAMES DENMAN,ETC. ? Location 8280 SW 59 Aver �61553 i µrte A S L' iO' QF rE'MAYOR G'n °GOMMISSIOiN,OF ,7 t: RJ” 3 3 in the XXXX Court, THE7 Ci+ �OEwSOUT�r rr, A FLORIbA REtA lfi1G TO A t was published in said newspaper in the issues of FIEOLIESTaiFQR A V'ARIAIiCE FROMSEGTsION 20 3 6(B)t7) 1 OF THE ND DEVELO,PI(AENC'CODE'CO'ALLOW THE AIRS�� a SFj COQ DIuTf tNGiIlb 3MEIV R€.SETBAGIf.(WES;C°SIDEuidbE,+ ' 07/02/2004 (, r ; 25 FEET,fF�ROM TffPROPEFiTY Lt (EWHERE A MININtCIM �t t Of °5",FEE iSiz,REOtJ}IREDION ROPEITWW-,_ fLTH[I�iFAN RS 3 S +SfhFfs FAiiEiFL REST ENTIALUSE(IIS RrG (�C'ATEDAT Affiant further says that the said Miami Daily Business $20kM3 AVEMd0,TLAv;M AM?4FLORtD A�IDhLEGAL`LY�"F� County i's Florida ndphathelisaid newspaper l m hasd.Miami Dade $ pEitBE[3ASOTS�2 30yBlOCC47� SF.A/tEtftfitARlCti fix: tY ,*sAMENDEUzSUBDIVIS N pl A�18QO 1T PAGE 80 fAND heretofore been continuous) published in said Miami-Dade County, � PROVIt}lNG',FORiA 5FFEC LtVE DATE Y P y vt Florida,each day(except Saturday,Sunday and Legal Holidays) and has been entered as second class mail matter at the post ( office in Miami in said Miami Dade County,Florida,fora f Appiscan.,jeewi6iFetdma period of one year next preceding the first publication of then Location 3�090�SV�h59tGi Ptaeetr1 , Z � ARESOLtjTIONf OFrFiE,M/kYCiRANt]GiTY�COMMtSSIOJ attached copy of advertisement;and affiant further says that he orOFrTHE CC `f OF SOUTf �MiAMIFtEtiATING TO`A#REQUEST she has neither paid nor promised any person,firm or corporation z YpURSUA(JT TO,SEGTCON 20 33(D)OF�THE'LgND DE�/ELOP� any discount,rebate,commies' efund for the purpose /MEL T CODE FOR'-AF PECIAL SE PPROC�a1 TOaLOCA.T, of securing th' advertis t for pu ication in the said- 'ppTpp{ 7STlrlDl©tlN�r HE MOrr ME©iUMffIiTENSITIt k s� newspaper iO,FFIC( ZONING�CISE D(STRICTdSPECIF(CIA`LCYLOCATED F S9,T�PtA�C�ANPROVIDING�OR�A ,EFFEC;;aa� `t �`;+ rc k� '�Ti c,7• f .z K s3ya''iY[k .3 �TIVE DAVEF t ti .i� "4` � f� ,' .s€1.,"�4r�' � i� k& `gym a�t,a � x�l�i 3a„ i d "`tuK+x`"'^13 z'Cia"t'i4��.�%��✓ ^ �{Yk[C�P NQ4-01A , ' sC@ i a+. `4 Swom to and subscribed before me this i Applicant Jose Gonza z Y r "' r� ;�N3 , y LOiatiOn 6706 SU167Ave s�k '�r r r , ' 02 d 04 ° + A>FiESOIUTIONO ;TIiE�MAYOR&CIN COIG}MISSIOK OF THE GITY,TOf SOUTH MIAMI,`FLORIDA' RELATII�C�TO Ax REQUEST 7O ALIi'01lVF50RTHE CREATION OF TrWO BUfLD ��,a r ABLE COTS"AS"PEL?MITTEr3,BY PROVISIONS SET FORTHIN 1 "'' rSEGTIOIV 2042(6)OFSO'Ufi'MIAMI„LAND DEVELOPMENT x, CODE AND SECTION,28 4,OF THE MIAML DADE GOUNTY �;, (SEAL) + Maria i.lUi ,YGODEPEFITQINfNGMTOFIt:WIUVEROEPLATiFOFGPROPER1Yp �'a�LOCATED AT 6706-S,�W 67 A�ENLJE SOUTH MlAfilli FLORIDA; � My Commission D0293889 � ypITHIN�wAN��RS��i�ESTATEs.REStDENTrAC�ZONING�tUSEr�� O.V.FERBEYRE personally die, ExPwft March 04e 2006 DISTRICT PROVIDMG FOR A LEGAL DESCRIPTION E ANDG y ��?t?kPRC?VID{NG FOR.rAI�EFFECTIVE DATE``�n�� ,a��s D)yPB.Tl4-011s� IlpphcantD�Arthur Kolsky yr { A";RESOLf1TtON OF fHE`MAYOR,&CfTY GOMMISSIOf4 OF' �,:THE CI`��,OF,�;:SOl1Tf�MIAMI FLORfE��tiRE[JITING PTO A , �"' REQIIE$T�`FOR�APPFi0UA4�,OF"TsHE�FO`LLQWING;TWO? � �ARKINCa UARfANCES'tN ORDEE� O'PEiMtROPERTY. l OCATED AT 6230 SW 7UTH STrREETn^if�/NfO�RESIDEN ' ; s,TIAL PEE MAORI, USE.DtSTRICT�Ft? BE"'�AORI, S A :COMMERCIAL OFF(CE BUILDCiVC�(U FA ifANOfD� CiO ,1 r SECTION 20-4 4f B}f O)OF THE ND DELI=LQPMEM CODE TO`ALkLOW FOUROEF�STREETf?AiKINSPAtaE THE REQUIRED OFF STREET EA iKIIYO tSz�F�W, PACES } ,{f2),Al2eEtIANCEYFROA "SEETIQM'204'(,F}(3 aDEGELOPMENT COwETO AL`EO1hFREQUIl3EDPARIC[f�fG'TO� w; �BExL©GPrTED;rINTHE FRONT�$EfBACtfy��EINfilCti CS� .y PROfiIBiTEDfINiTHEZgNIP1Cvl 1SED7STFt1C 'AND 6, "'k ,y�k to i 'I`'t Y Alt interested parties are urged�to anen. Obtectwnsuo ex cessions of approval may, ge!Jn e m pe b af�'£�hf can g o fie d in wr!ng pnoFtol oratthe heanng ThePlanmgyt3oa ry �rd�esFes t�teph#d>orecomrrrend to� the City Commo-sswn whatevertherf oar c©rfstders►t e GeSO resf for the area invofve"d,fntere' p sfd ac,q V eq_ Ann rmauon ara asks to car)tact the Planning and QningfDe actmenf b call X663 6326 0, writNgo the address indreated(above � , a Nqy �` -�' yam'- 'T" .-'�'°� .ar�.k.' v ''alfiK zt WT�ou,are hereby„'advlsed i ha Rif anypersodesxesafavappeal2ny debiswn made?Hntft£respecta anylmatter consideeredatts rne'ettng o_ heanngsueperson,will,needaa4record'ofYthe,poceedmg and forsuct► PVTose may need to enscire r Iff Bata+ver�batm ecord ofethprocee`dirtgsnss made rwhiclrrecord includes the testunonyrand evidence upon which the appeal is-to bebasetlM(F S'X286 0105}�Refer,ta die nn�u�mber wh,en� .rF y t tit bs y wMr. i� t3 d !' 4 v...t _ - �C,7�• 74� COURTIESY S1JMMARY NOTICE 44,t ? Ofty MIAMI fi k << > d Zoning `� �" { ` Planning an o. .. z ° 6130 Sunset Drrye South Miami,Florida 33143 {.t>Tya 1'"45(• Z Phone(305)663 6326,.Fax#:(305)686-4591 4 On 61V,13;-i 2004 at 7 30 P M the City-of South Miami 'Planning Board uvill conduct,Public,Hearings in the.City Commission ° Chambers at the above dress on the following items: . W ad A RE8OLUTIONOF THE MAYOR&CITY COMMISSION OF THE CITY W :OF.SOUTH,MIAMI,�bFL'ORIDA„RELATING TO,A REQUEST FOR.,A _.., VARIANCE FROM ,SECTION 20 3 6(6)(7) ,'OF THE LAND ~ DEVELOPMENT GODEs0' ALLOW THE AIRx CONDITIONING :{ E EQUIPMENT SETBACK"(WEST,,SIDE) TO BE 2 5'A'E I ROM THE a PROP.ERTY,LINE�WHERE A MINIMUM OF SrfEET 1S REQUIRED,ON o ,,PROPERTY`WITHIN rAN "RS 3":SINGLE=FAMILY't RESIDENTIAL 11SE L DISTRICT, M1-AT,8280 SW 59 AVE,SOUTH MIAMI;FLORIDA; AND;L'EGALLYDESCRIBED AS'C'OTS 29, 3O,:BLOCK4,."SEAVIEW 3 PARK AMENQED SUBDIVISION"<PLAT BOOK 17,`PAGE 80); AND: .. FPROVIDING FN EFCTIVE-DATE.OR A E A RESOLUTION OF.THE MAYOR AND CITY COM MISSION OF THE— �CiT'Y,;OF SOUTH MIAMI, RELATING TO.A REQUEST PURSUANT TO . f SECTION 20 3i3(D) OFy THE,LA.Nb DEVELOPMENT CODE-FOR A SPECIAL USE APPROVALTO LOCATE A PHOTOGRAPHIC STUDIO IN THE MEDIUM=INTENSITY=,OFFICE ZONING USE DISTRICT I 1SPECIFICALLY;LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR'AN EFFECTIVE DATE t_. Z,A�RESOLUTION OF THE MAYOR&CITY COMMISSION OF THE CITY M' OF SOUTH:MIAMI, FLORIDA,'RELATING TO A REQUEST TO ALLOW # FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS, `_`FORTH`IN'SECTION 204.2(6) OF THE SOUTH 7 MIAMh LAND'D EVEL`OPMENT CODE AND SECTION 28-4.OF THE MIAMI DADE COUNTY;.+CODE'P.ERTAINING TO A WAIVER OF PLAT i FOR PROPERTY,LOCATED AT 6706 SW 67 AVENUE,SOUTH MIAMI,` t FLORIDA�WITHIN AN.. ,"RS 1".,_;ESTATE RESIDENTIAL ZONING USE kDIST,RICT,t`RROVIDING FOR A LEGAL DESCRIPTION; AND r i PROVIDING AN EFFECTIVE DATE, E 3 I - A RESOLUTIO N OF TH'E MAYOR&CITY COMMISSION OF-THE CITY I V, OF;SOUTH MIAMI, 'Fl_ IDA;,PELATING TO A REQUEST FOR - "APPROVAL OFh THE;FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET ""RO":RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE IN ANt USED.AS'�COMMER,CIAL OFFICE BUILDING: (1)VARIANCE FROM SECTION 20=4 4(B)(10)�OF4 THE'.LAND DEVELOPMENT CODE TO 1- ALLOW FOUR, OFF,STREET. ,PARKING SPACES WHERE.THE I;E REQUIRED OFF STREET PARKING IS_FIVE SPACES; (2) VARIANCE I FROM SECTION 20-4:4(F)(3)OF THELAND DEVELOPMENT CODE TO I ALLOWkREQUIRED„PARKING T0_BE.LOCATED IN THE FRONT ,.SETBACK AREA'WHICH IS'PROHIBITED IN THE RO ZONING USE ° DISTRICT,'AND PROVIDING 06WAN EFFECTIVE DATE... interested parties are urged to attend.Objections.or expressions of i approval maybe made.in person at the hearing or filed in writing prior to .; or at the hearing The Planning B”oard reserves the right to recommend ther City Commission whatever the board considers,in.the best r f interest for the`area involved Interested parties requesting information are asketl to contact the Piarining,and Zoning Department by calling r ,663'6326 or wnting to#headdress indicated above, . ( ; You are hereby advised that if any person desires to appeal any decision made`with respect to any matter considered of this meeting or hearing, t such 1person will need a record,of the proceedings; and for such purpose may need to ensure that a verbatim record of the proceedings I ,is matle,which record inciudei the testimony and evidence upon which the appeal is to based(FS 286 ,F - a { South Miami r� zr All-AmedcaCitlf :9Z7 3� Y 4o 2001 Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami,Fl.33143 (0)305-663-6326 (F)305-666-4591 Dr. Arthur Kolsky 6280 Sunset Drive Suite 611 South Miami, FL. 33143 July 22, 2004 RE: Planning Bd. Application: PB-04-011 Variance Request 6230 SW-70th Street. Dear Dr. Kolsky: This communication is to inform you that the above parking variance application for an.office building in the "RO" Residential Office zoning use district, specifically located at 6230 SW 70th Street has been scheduled for public hearing before the City Commission at its August 3, 2004 meeting,which begins at 7:30 PM, in the City Commission Chambers, South Miami City Hall. Sincerely yours, Don O'Donniley, AICP Planning Director DOD/SAY EAComm ltems\2004\8-3-04Wpplicant's Notice PB-04-01 Ldoc �r i ®1 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings during its regular City Commission meeting on Tuesday, August 3, 2003 beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. Inquiries concerning this item should be directed to the Planning Department at 305-663-6326. ALL interested parties are invited to attend and will be heard. Maria M. Menendez City Clerk City of South Miami Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings,and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. } Ft c- ?n 3 p �`��'tf�y`r x�.rr.*�"fi�"Y x7 1 y_r�'+r i.:i,_'!f:�O'tfi l�Qf n"y�pAv A8c';p y,nit at;wr��w ya i'{My tr.t�KO�r�Ap f r Fy qq Dic„n 7 a�x}p`*�+.��F,'r foe C r tr jD�`P yrnA+m p O"yr t ct`a�)'�':;T�:t.�j.O M O Cyr`peh o w a.�';,771°'k�t►o'4 f-+t P f-0►UCCl�c,y a»��pD7rQ�3a,+t�'�'.r y'�A'�f`:f-d r�Yu C!!D 1�l_o.h t.n�r..r;,�rt�t',`�•{CGp y�C"��C,%.a aJ K°+�3�a o,+'t r pp r x i`�t��i,o C W!NpA''3aD��;5+t�,w z+a,@.'�b�8'N,1a!}�a.r::�h►fr�:�p+y M+';��'�O ct y r,.`��fA t M r bfD NN`A�p*�-�►n O o ee.�O�r°,p-rn O.rf'►a N rfG(*7..QGD�=7e D 1 r—.1:�.�,.:}:..�y-'"P�'A�A O rQ G't..�+t-a 7�5''`U c O'�b�N p'�tp�'foC"'�4y��W�D r t??',n''b�¢WC�o yy y f`p l'R apA�r�.D°t_ff�1�y�,':`-'•a.Q►°A..a C�vC SpO rA��''8 t.�s�,D*'i p�:la cU�;�kD~�'�p^��Q Z'p,�s,,.i.Q(G°�wl�K�oy 8°�)p f�D"D�'..b-.:.•.�V,�.[G_� `!�O�Q.ta�fRO N p li Q"D�coxD►..e'+.��V�b'`v�fC o°C°lC yry.p1r,prp n P'lQ,�t►t�Y r2�"1•:A�LP�hcN vS tfy r#`�,y>CN�Cw'¢a.`"7^l�i r F.�r+��it.`,}.<q�,'..:•5ff.��c�W xpp A,:/�eaa-a ar^j��a O W'pp O°C lO��LtCC M,p y��a��+ce S�t��'t��j.►p (D z KID CL co m o CO O d m Et co n a O.; 0) O . CD No on CD A {pc1►C �D,%.''fC�i:�g*„-*o#`.A l�'m 0�c�f:,D O�v�y b r°.pj D'a�-,:T?O't':�,�pfeG��`'.E C D bb-f+CO°NC."►Tti r K D'L K k H�r�i+�:tt 'a r r y�f��'�l►yl p Up pCl►�yr AD�h�D Q:,_;_.:;..�.:�'A,�N,.f�.:G:f.y P.C(.►►D n�.,D Q p�l.f0�W . cr �UA l.pOo cw C�-:,ViD c�;a RQc�i l> Cl m O N- +.(D ► fp A CL . o0:m IL a °' y a 4 ' �4b$ t� ° r.ry(D ° O 7 O R Q q D p O °: ? ai c ac 41, . -':ft dr» (1).10.1-1 W. W0 0y 'Ohl, �C O UQ N O At A ' UQ p•1'D:,Fr{."x ' ,d�►.!,Q��t yG N y a�fy p."ij 0',D o�p.ti l{y�ti,�o'' N (ar ha Qy� .v t R;_.s��a.z�r0'y CA_o C�p r7'p M M"sg ji'a.►�”� a ua u�0 Fo�A�8°'aM A ' g O . i(0 # "WA N Q b O v R � (Dy DO 1 4 L 0 cDp.N cs y n .p O .y:p O 7 7XV P, 0. Kk � n s. E Q y d cD ill ptj� PIS Owy $O � Zz m� ` t` 's � ►. '• .• _ .. : ..- a a:fz:, a, ,' t r t: r :��r ,•� r : 6 BIREOR CANAL � f cn W 64th Ct SW 64th Ct M �* 4th Ave CD t °) M rn SW 63rd Ct f--- SW 63rd Ct Q. SW 63rd Ave e� G SW 63rd Ave � A 62nd Ct SW 62nd Avenue a� arfDa eb C C O "C ara F—+ - � n ''• ;' •y:.Vyh,l' I � it $ dal' �•■. ■, ■ S STOP . STOP '""'� '„''",� ■ dUIS- dOiSM KA STOP �',,,,,� ,,,,■'■� 1111 S �� ■ .Il�ill.� �Nt 1■��■� �. A� ■.. r 1 � 1 1 � � �� ■� � 111111 ,` ;�! - . ms ,�dols ■,� d015 � C� .. m MEN �� ■111 � SO == ■ Traffic Circle DIS TO SID, - ��r� III■11111111111 . . � � ��■ � III■ �� Ols: ■■ ■ STOP Ell a, � �.. ■ 1 ■ ■ r Y d01 ■■ I • '� '� 1'9I L Y , Y � mill �� ■ ■1 - ■� . ♦ Speed Table � 111 ■ ■� �,,. ,.�-. ■� ■ �� ■ � �_ �II11111 ■■ s CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Muhammed M. Hasan, P.E. From: Subrata Basu,ACM/Community De pmen Virector Subject: Cocoplum Terrace neighborhood traffic Date: 06/17/02 Cc: Charles D. Scurr, City Manager Muhammed: Attached is a revised layout of the choker on SW 70th Street as per our discussion. If you have no problem with it,we would like to proceed with it as soon as possible. Thanks for your help. S ubrata n cl vm 1 F- z rTI -i 0 NO �/ I ENTER N I- �t7 G1 I I 3 m a. N i r I co � Z Zd d v M F- sba. I CD C4 m - d m zi Z � 3 X � o ` SW 62 CT z ~ Z v QN M CD I \ C4 I CD ; Cl m 4 I Fli -T-1 z i 'OUTLC- ; .._ , , � . 7000 BUILDING 6201 BUILDING I AT AT SW 62ND AVENUE SW 70TH STREET �°- I MARL IN ENrINC£aINC INCS s�I--�5 a I cr a,t niry n5 s�c�y....x...,•.n a vnr<�r ,... PROPOSED INTERSCCTIONi SW 70 ST S SW 52 CT j ' Y IMPROVEMENTS TERSECT ' . MIAMI I — --- 04 sour South Miami AlRmedca City INCORPORATED 1927 A 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: July 13, 2004 Planning Board Members From: Don O'Donniley Re: Variance Request Director of Planning 6230 SW 70th Street . PB-04-011 Applicant: Dr. Art hur Kolsky Location: 6230 SW 701h Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A . COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated "RO" Residential Office Zoning Use District. APPLICABLE REGULATIONS (See ATTACHMENT) O Land Development Code Section 20-4.4(B) "Parking Requirements" • Land Development Code Section 20-4.4 (F)(3) "Locationl&nership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6:1(B)(3)(h) "Planning Board Duty" BACKGROUND (1) The subject property is a single family residential building which is a legal non- conforming structure (dimensions substandard). The property may continue to be i t (2) (2) used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. (3) The property is located on a narrow street with opposing one way traffic. North of the property (RS-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM 724) is an apartment building and a tennis court (4) The parking variances are being requested so that the number of off-street parking spaces provided would be sufficient to permit the structure to be used for commercial offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental or other health related uses would not be able to locate in this building due to a higher number of spaces required. The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property and his efforts to preserve the mature trees and on the site directly results in the need for both parking variances. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of a the City's parking requirements would result in peculiar hardship upon the owner of the subject property. y (3) • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of commercial offices will not permitted due to their increased parking requirement. RECOMMENDATION It is recommended that the two requested variances for 6230 SW 70fl`Street be approved subject to the following condition: (1) Commercial offices including but not limited to medical, dental; health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. Attachments LDC Applicable Regulations Location Map Application Letter of lnient/Justification Survey, Proposed Site Plan Copy of Public Notices DOD/SAY `' E:\PB\PB Agendas Staff Reports\2004 Agendas Staff Reports\7-13-04\PB-04-011 Variance 6230 SW 70 Str Report.doc t ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parking Requirements Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.3D. Where fractional spaces result,the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten(10)units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. (5) One and three-quarters (1.75) spaces per bed. (6) One (1) space per three(3) seating spaces in the main assembly room. (7) One (1) space per one hundred(100) square feet of gross floor area. (8) One (1) space per one hundred fifty (15 0) square feet of gross floor area. (9) One (1) space per two hundred(200) square feet of gross floor area. (10) One (1) space per two hundred fifty (250) square feet of gross floor area. (11) One (1) space per three hundred (3 00) square feet of gross floor area. (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand(1,000) square feet of gross floor area. (15) One (1) space.per four(4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. • Land Development Code Section 20-4.4 (F)(3) Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1)ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in- accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes . of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the .variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and.landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to o a specific property, and when the strict application of a particular regulation would result in peculiar and exc Wional h—a dgh rojn the owner o such property as distinguished from reasons of convenience, profit or caprice. City of South Miami PB-04-011 Special Use Approval 6230 SW 70th Street 6611 6611 6610 6 6616 6610 6611 6610 6621 0 co 0 6621 6620 F- 6621 6620 6621 6620 U 6631 0 `0 6632 Q 6631 U 6631 6630 = 6641 6630 6631 6640 6701 6700 F 6700 6701 6700 6701 6700 z 0 0IQ cfl 6701 � 6711 N Ti 6711 6710 6711 6710 6711 6710 6718 CO o � 6721 6721. 6720 6721 6720 6721 6720 W r- 6731 6730 6731 6730 6731 6730 6731 coo SW 68TH ST 0 0 6300 6801 6800 6801 q82O 6802 6380 6370 6350 c 6812 6815 ^ n M M cj 6840 6810 6825 5950 M m c(0 6303 6825 6820 rn o co rO6 6 o ° 6901 O 691 rn o O 00 v 0 0 ° 6930 o CI) m g 0 17 ) 01 6912 6240. 6230 m � 0 ° 692 0 CD 0 co 6929 rn 6931 6950 v° D� LO rn o 1 o m v v N 0 °' 0 CO `° m co c0 941 0 6970 6941 cO cO 6941 co ° c0o 1. 70TH ST 7000 7001 7000 7001 70p9 0 7020 M ^ �° 0 7040 7011 7020 7021 0 7010 Q 7015 X000 ^ F- 7021 7030 7041 7101 7031 7030 7105 O 7051 U)7109 7090 7040 0 0 7040 = 7101 7110 7111 7110 7107 SUBJECT ^ Q 7171 (. 7110 Q 7111 7120 7115 7114 7111 PROPERTY c 0 6161 o U) M s`�o 7121 N. 6201 Z 6 ^ T- N � N 6101 6341 � M m a i9iP co U' CO SW 72ND ST 0 ,no O 633 32 6180 �p 6310 CD w °0 6 7223 7231 0 7231 m`po N o 0 7230 7243 7240 04 N 7251 Z o ^ . 7240 7248 N N - - - --731-1 -- 7301 7311 7310 7313 7320 P- 7300 7321 7320 3: 7321 7331 7330 CO 7333 7330 _ o 7341 7340 6331 7340 ch 0 m 0 300 600 900 1,200 1,500 Feet City of South Miami Planning & Zoning Department City Hall,6130 Sunset Drive, South Miami,Florida 33143 Telephone: ('05)663-6326; Fax:(305)666-4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: (O'ZW SLO -?t? S+ Lot(s) Block Subdivision PB - Meets & Bounds: /� , Applicant: J W9 �� Phone: 0 J Representative:" Organization: S QV Swan - Address: Phone: / Property Owner: /fir{ Av� S Signature: f Mailing Address,*l� v1 � Phone: W 5 , V 3U� `740 (P0 '0 f Architect/Engineer: Phone; AL AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: _Text Amendment to LDC Variance Letter of intent —Zoning Map Amendment _Special Use _/Justifications for change _PUD Approval _Special Exception Statement of hardship _PUD Major Change _Other Proof of ownership or letter from owner _Power of attorney Briefly explain application and cite specific Code sections: _Contract to purchase Current survey(1 original sealed and �e _ signed/1 reduced copy @ 11"x 17") 5 copies of Site Plan and Floor Plans O I N1I�V 1 reduced copy @ 11"x 17" _20% Property owner signatures ` Section:�U Subsection:q Page#ZB Amended Date: ZMailing labels (3 sets)and map Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and corre ,the st of the a licaaks�6owl . ge and belief. r gi.�"(. CP 22 0 App icant's Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for com liance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected anlreturned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing -7-43-Qq Date of Commission Petition Required Petition Accepted .Method of Payment 8/2/00 Skin Source Inc. 8220 SW 52 Ave S. Miami, FL 33143 305-740-6181 Application for Zoning Variance Date: May 23, 2004 Location: 6230 S.W. 701h Street, South Miami, Florida 33143 Legal Description: 25 54 40 .10 AC W54FT OF N88FT OF E137FT OF N150FT OF- W1/2 OF SE '/a OF SE 1/a OF SW '/a LOT SIZE 4750 SQUARE FEET OR 10160-2164 0600 1 Variance Requests for the above referenced property: 1. to allow for parking in the front set back zone. 2. to allow for one less parking space than currently designated Hardships: Whereas: 1. The inherent lay of the land and existing improvements directly interfere with available space for off street parking. a. The configuration of the footprint of the preexisting structure does not accommodate sufficient space for parking in the rear or on either side of the improvement. b. The presence of old growth oak trees centrally located within the perimeter of the property directly interferes with available grounds available for--par-king space construction. - c. The size and shape of the land presents a peculiar hardship by interfering with the design necessary to accommodate parking space requirements. d. The resultant lack of available off street parking directly interferes with the allowed use of the property in its current R-O zoning classification as a commercial office. Justification: Whereas the subject property: 1. contains a preexisting structure; 2. is subject to zoning requirements that do not allow for parking within the front set back; 3. occupies a unique configuration that presents a peculiar hardship; 4. will necessitate demolition of the existing structure in order to achieve sufficient set back for parking space design; 5. contains old growth oak trees which occupy coordinates critical for parking space design And whereas: 1. preservation of the existing structure would maintain the residential character of the property; 2. use of the front set back for off street parking is in keeping with similar use of the front set back zones of the neighboring residential properties; 3. preservation of the existing old growth oak trees would be accomplished 4. the requested modification in the number of parking spaces only represents a fractional reduction in the currently designated five spaces per 250 ft2 to the fractional difference of one space for every 279 ft2. Granting of the above requests for variances will cure the existing hardships and allow for use of the property in its current R-O zoning classification as a commercial office. For these considerations, 1. any claim to use the property for a more intensive commercial use, such as a medical office,will be relinquished; 2. a comprehensive landscaping plan presented herewith will provide enhancement of the current vegetation and natural beauty of the property; 3. such landscaping would further camouflage the proposed parking spaces in the front set back. Thank you for your co iderat'4n of the above requests for variance. Arthur S. Colsky SKETCH OF SURVEY scALF l 001 ark r��e"��,.? i '� ' -- 5• :.�.zt _�`�r� ��. 'ham k y'�,.. xY.. s��?+^�c`_-0 �.F_ ..�1 A.Y Fu_:. `"C"� y` T•M��"-_r�h• .x"9 '. ''$ wpti � l i A 6aAlf'Ek-rAVE *( 6A/C90AWeS 10,50 i rJTO THE 9467762 f,r Id- GF�AV� a r �• , may, Q�STE�i'f (A)(rA) 3) A u�oot, EnlC/Z21AcX5 70 t gTe� T r5 .✓fir ACCOFIDM TO THE NATIONAL FLOOD DANCE PF O)RAM THE SMJEGT PROPERTY.FALLS IN FLOOD ZONE! QTY No: PANEL No. (- DATE OF F FM ZONE+ BASEL)FLOOD EL& Zr LOCATION MAP ous.) 1174 � .. Z 3 PROPERTY ADDRESS: 6230 S.W. 70th Street, Miami, Florida 331. 43 . LEGAL DESCRIPTION: The West 54 .00 feet of the North 88 .00 feet on the East 137 .00 feet of the North 150 .00 feet of the West 2 of the Southeast 4, of the Southeast 4 of the Southwest 4 of Section 25 , Township 54 South, Range 40 East, lying and being in Dade County, Florida.. FOR: MARTA MILLIAN GONZALEZ_. CERTIFY TO: MARTA MILLIAN GONZALEZ . UNION TITLE SERVICES, INC. STEWART TITLE GUARANTY COMPANY, INC. SURVEYOR'S NOTES: PREPARED BY 1)This survey was cored ucted for the purpose of a'Scumiary Survey only arnd a not udenoed to detmeem the mout t xr'xasocow of ary tederat.slam,re0onai or$00W agenzy.[zero.comrntas m or otter erns ty. MW ER 1 ER GRI V T, INC -E, 45C, 2)The accuracy coft led by measuremerns and calculations m 11+18 survey,meets mid exceeds the A'&mnurrl Tecrbwal Star>Uards LAID SURVEYING-LANE)PLANMNG ralukernerue for a Suburtan area(1 toot In 7.600 beg as apectnw In Chapter 61 GI 7-6.F'bdde.>dmedsMWva Code. 3i7hoSurvey does not renewordaeenr*-ownership. 9350 S.W. 22nd TERRACE 4)Legetdeeetptlm subject b arty dedicadors,firrd aticrrs.restrtdtms reservatlons or eeaements of record. MIAMI. FLORIDA 33165 0 Exemire0m of the Abs"M of Title N*hwm to he made b delarmine recorded tnstnmrents,d any allacbM fie property;searo'i n mo r o ur d aatft Pacords riot Penortnad by thus office t ti (305) 220—0073 M No efbrt was made by tlib drtce to locaas any underground uWd"endbr evucwres wAtn or aov*V ere auto"preperb.. Ica) =AWMA rm .Whills Surrey fsa bean prepared for the excl she use d the entitles named hereon ord/and me ceraRCstloris hereon do not M roue as w[ ® nd b arr.urnemed perfies. - ra3 fe ill �Dice:ann."Im 91 Uft faoakes v itlwl UUNty Easamerde not noted as videbms o re"� ...- --_._ _t�.t of porkors trlertad wAM.Rpedvretya not-tiled-1818 vrouabona or.ernaoserirsnny. ono.. 11)Foundations wdAor teo&Vs underneath the 9ror'ffid surface that rtsy mime bey,DrO"tzuroery lines of the herafn deecri f^tPt parcel ere not clown S evinituv`ua 1.4 r111 Bon PC"or Reoar found and shown on Arc-sketch d wrvey two no daps unless OMWY lee atnbed It ^sararm'twc t'4 Fe me owner"detwrvre oy viam mews aNy(d arty);L099W owi ershIp not aetermined. E o mror 14)JVO aserdl of records was made try this Nrrn beside the record plat:tllerafora we do rot I car. owe tea cprft I . EasemaR Oedbeam or Lrinsailon for•.Mich VltamsCm was rot hArt aned. mpy Or accsot re�Ors®dsf tar airy v. •oar rtrrx aorta [oust[ ' 1S7^. the apptopMte amnorlbes prior m any d"M worm on ana harem-desectbed pmeel for eta - ca. F wrr IWProteeeimal land Survvlw and Mapper in raeporsiola charm'polendo Or&LS 4312.State d Fldride.who Zak sltorr*+asrn A am 17)Th S surrey 18 not valid Mshd.d'ha OWMkrra mud the rassed gee!of a RmIds Ueersect Land Surveyor and Mapper. . "M POLE ;r. BY: uordi rr R- DO ORTIZ LS 4372 ..v -M..W coma vonn ORf RICARDO ORTIZ LS 4629 1 thereby oaEty�bn.t�he aMbo.✓a nertsd IMm andbr pagers ttst the$ka1Ch d Survey d the deet7�ed property s Vue B10 correct to Pic rw oar rarrr�1°091 PROFESSIONAL LAND SURVEYOR ihe't79at d my.9..'..^.1.'am bOW.@a raCQlt�l'aRveyed and platted undef my c f cbpm:aim thffi meets the Mbi aim Tachracal i.r oQR Or TMQKT & MAPPER, STATE OF FLORIDA Sunderds set m Chepler 81 017-4&Florida AdrntYeValve Code.purinrwe b Secaon 472.027 itonda Stekrlae. DATE: JOB No.: I SKETCH Na I F DRAY1Qtt BY' � NOTICE O�PUBLIC HE, 31IdG 'i CITY OF$OEITtf NIfANII, ' , ri" ^1 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays t wJ h 'z E � r fi n k'v ar1A1 Miami;Miami-Dade County,Florida x STATE OF FLORIDA 6 har3a �, c ': � xiaz�J� �a a rt # k I^+r- U� t S IMCORPOFtPIrE!•,±M"�` kq'`'S r4 .W COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared w 1��ki.k r uw her tryY pLANNINANRtZONI DE NfiG PAR R MEND fix, O.V.FERBEYRE,who on oath says that he or she is the SUPERVISOR,Legal Notices of the Miami Daily Business 61305!)NSEE�DfR1YteOUHrMiAM tTEEORIDA�33443 �gA 4+t Review f/k/a Miami Review,a daily(except Saturday,Sunday & PHONE: 305 1666 6326;E/tJCa 305 666-459 r .F a� �qu rsl raa 7r� NY s and Legal Holidays)newspaper,published at Miami in Miami-Dade ' Y County,Florida;that the attached copy of advertisement, SBoa dw lc`o ddctotu6l ea' nsrathe Cityof`GciCsstonnChabe s being a Legal Advertisement of Notice in the matter of ov5- :� ,<<! y tt �rtath Il�a�g: e�ts� piv, r F tX� fA"min B-f14-008sa CITY OF SOUTH MIAMI-PUBLIC HEARING-JULY 13,2004 esDen A�1 kart Y nl Q ITEM:(A)PB-04-008 - APPLICANT:JAMES DENMAN,ETC. 1G0 F B >��Z,OtJIMCS�IONkOE t in the XXXX Court, THE C t ©FASO n RA 'MV- RI,A;�RELA`FIN Y( was published in said newspaper in the issues of �# EQt7E&Tt QR1X&VXR�.A WE4FR`ONC7SECTCON,k, 3'6 B x '�'^OF�T,�L�AC�fD°®EVE�QI�IGAEP1t`CODEt�O?tL�"t011Va`TkfE�AtR� �a �t7QiCOEVEriGQtPItt1ENSETBACEal1/t= X Si SI©EJ �BEi+" 07/02/2004 °,,� %KE ,F�-F�Mz ,1508) Lf fE f�iERE" MINfIVDCIM� I ©F) EEF IS;REQ RE ON�ROREINW,;l k iIN�SAf °RS 3 ((YC� [ufILRESECJtLA USE�ISfiT ��ATEHAs� .�r. 4 ti i r t ,- "nt ri pSl . Affiant further says that the said Miami Daily Business vx 283�gAe, pS�IFA�MICO�IIQ'A �1Dx1=EGALC��m Review is a newspaper published at Miami in said.Miami-Dade 0 � "sF �EGP County,Florida and that the said newspaper.has Aj ENpEi}S0660I9WRiN iA 1 BQ 7s P GE 80 ANDS' heretofore been continuously published in said Miami-Dade County, =tP Off/ INC50CACFFECff1ErDAt �ayi Florida,each day(except Saturday,Sunday and Legal Holidays) and has been entered as second class mail matter at the post (B � � office in Miami in said Miami-Dade County,Florida,for a �mERhcan : eunsIFe t h.Ll x' 'Q krCocatiort�' 090S4EI59tPlaee� period of one year next preceding the first publication of theC ° b, -°r �tl � 0 � ND yC0 IS3[OC �ARESO CITIOM1YyO w a h61t attached copy of advertisement;and affiant further says that he or ! a O T EC a r OESO i MIAI�REL FING�TO, R %ESrT I a she has neither paid nor promised any person,firm or corporation PURBtJP%IT�1 OCtOLi2M�3t9�DSi©FTHEE`ALI3DE/ELOP� ; any discount,reb te,commiss' efund for the purpose �; MEL�1 ;CODE FQRtAPECI�/� S� PPAOr�/ALalt®)H� Pa t=Axi'� of securing th' advertis t for pu ication in the saidnpETp`FtiOG { 'STI®ikt{E MOB MEDft71GP ItTEl55lT`E 'Ile I newspaper ' OFEfC �ONCNE t?ES001STQICT SPEGiFIC6,11'r LOt0/k54"n A�Tt70� hTI ATSwEV�1�59THrAGE 1 hOt A9CrEEF C P D, Nf AN 0 �) � r 'a�C k 6t3r0�1A t dK y § e ansa yet �2 s Sxc w k Sworn to and subscribed before me this �F c Applicant dose G" ; fez a� � 3 6706SIAF67$Ave �. y' n 02 d 04 ; {i4 RESOI tYTION'mfTt{�¢�VfAY�OfIi CITYCOI�AM�SSI©N OED FtiE CITY:O5,5"SOUTHa,MIA WIt, FLO "D F�El�ATCf�Q Tf3 A q REQUEST TQ ALL0IFOR TIE CREATIO�1'OF TWO[3lJtLD sABt E COTrS AS PE�tNtClTEQ81!PROVISIONS SET FORTH CN d5 it' �SECTiON 2Q 42{B)OF SOUTE.fM kiiANj 'DEVELOPMENT CODE,4f�F)n'SEC��'f0"IU 28"4�OF�THE MCAMC DA[)E•GOUNTYw (SEAL) Maria I. C�O[)E PE�itAi, C1C ETC AWAl1/EI OF�PLA�EOE1 PR01'ERT1G . MY Commission DD293855 rtOCA aA fi706 VII 6TAEN�fE SOUTH MCAMf FCOR[I7A n ;, O.V.FERBEYRE personally 9; �� WITHIN rPiN��iS S�ESTATE RESIDEI TIA SONIN6��USE ; � sus WICh 04r a= DISTRICT PROVIDING,FOR A�LEG'AL'DESERIPTl�`�.AND'' t RQ,�lO�NG FO�AEFFEGTIUEDATE; z' - �'�'u�' h�'�- �- J ytS/ '� .FL N.4r. Y�•' Applicant�Dr Arthur Kolsky t �„'Locatron�623QSV�lx70thStreet ?r��- ��g9�,�x' �,� `� , md RE$hO�tlT€O("OR,,THE MAYOR&CkTV�COMMISSION OF tf '1 THE Gkf” OF SOIlTFf IItfCAirAi FL'ORt iV -TING�TO Pi REQUESIr�FORAPPROUAf;OFTtiE'EFO LOUY ,IJG wTWO pARKINGYUARf7�NCES`ilvr ORDEEi © PE MMR-'©PERTY w j LOCH't•EQ4A 623Q�SW47EkT�I STEEFI �iiO� tESiDE�t � TIAL QFFIE��ONII�IG��tSE:�D€S•TRjCT,r�'kL0�;z,,B�t!'�SED�"f1'S`A r SCOMMERC�A �;OE�,tCE BItfLtCNC � CfFROhrlr �LSETfON 204 4(B(TQOF THED DE�(EPGODE OEF�STRE! tORA.V; S A C FYALWfE tE TFfE�Rt5ari RED bFF STRE,, kk K€I�f F Na CES , (2aR�a,NE ry�tofsEE D�(of e�2o ar �O �kr�ro DEUEE�OPMEf CQ© TOaL Ofl `REQU(ftE GCftlG T4 `r r �BEa CQCF'GEDry'l N LgtiE FRONs �SEFBACif PRO [IBiTEEIZ Nj"G�S 17� �. 1 ®tflD —ART � yING FQM'A'N'FEEC.UVE M V, I Altifltereste�pahresaFeurgp tokatte Obtepronso�ex ressro�so z , :� P k ar z.b wsa' r+,w+'-k r - +ro-' 6k3- MOP. - approvaG ma}r be roads m`persora e nny}goie�t in bnoaf tb 9 x vav�M1 S l %( k�.�Ct4 ocyat the heanng The PlaflflinggBoar ese es tk g to `F C0En6[refl to zC ri' ke' S ttie Cd"A ..m.ssior�wfriafeve tt[e 6 a Fps deFSar; es in'teb st xw-zi!rNZ,ca...NZZ?'- r fortbe areainvoiuedinferesfecLpa ire g4�esh fifl attoFara asks to cortacf the�Plafln and,,�flingQe actrnefl€bcal i 6fi3-632 ,o writrfl to the address mdreafeab��r ;��l�o are-r�ereby�adursed�t�ia.r afl��rerson�x esr�es� apQeak�any� 4w"J`�fl' erSM M In decrsrofl made with respecFf a gmatt'e�consrdered€a t rs neetmg�o tieanng�?sueh�persortw Irri'eeda�ecoad of>�therp oce"ad trg aridfa�srl e92,x y ,r�3.nµs;, pfirpose may need to ensure�tbatratverbatrm,reeotd}o t�i �nceedtrrgs;is� made rvhiot�recoEd inciudes=theitesti�,ronyiafld e�ndene�upon ",�r�,c�r`ttfei appeattis-to�be 5ased�(F�S g28fi Q1I©5�"Refer��o' nn urnbe�w€� ►� e so r CO� T��■ SNAKY NOTICE t D TY;0 .S®UTH MIAMI. Plan lj g and Zoning Department } 6130 Sunset Drive,South Miami,Florida 33143- z Phone.(305)663 6326;Fax#:(305)666-4591 w r r, On Tuesday,461y A3, 2004 at:,7:30 P.M. the City.of South Miami o Planning Board will conduct Public. Hearings in.the.City Commission Q Chambers at the above address on.the following items: A RESOLUTION OF THE MAYOR&'CITY COMMISSION OF THE.CITY w OF SOUTH MIAMI FLORIDA,.RELATING TO A REQUEST FOR.A =. VARIANCE F�iOM SECTION 20 3;6(B)(7) ..OF THE LAND ~ �r DEVELOPMENT CODE TO ALLOW :THE AIR CONDITIONING EQUIPMENT,SETBACK,(WEST;SIDE) TO BE 2 5 FEET FROM THE o PROPERTY LINE WHERE At MINIMUM gF 5 fEET iS REQUIRED ON PROPERTY;WTHIN AN "RS 3"_SINGLE-FAMILY:`'RESIQENTIAL USE DISTRICT, LOCATED AT,8280 SW 59 AVE,SOUTH MIAMI; FLORIDA, r "SEAVIEW AND LEGALY;DESCRIBED AS LQTS 29 30, BLOCK 4,1-1 PARK AMENDED',SUBDIVISION,,,PLAT BOOK 17, PAGE 80); AND 3 PROVIDING FOR AN EFFECTIVE DATE. A ffY RESOLUTION OF THE MAYOR,AND CITY COMMISSION OF THE W ' OF SOUTH MIAMI, RELATINO TO A REQUEST PURSUANT TO SECTION 20 3 3(D):OF THE.LAND DEVELOPMENT CODE-FOR A SPECIAL USE APPROVALTO LOCATE A PHOTOGRAPHIC STUDIO IN THE "MO" MEDIUM=INTENSITY`OFFICE ZONING USE DISTRICT SPEGIFICALLY:!LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR AN EFFECTIVE DATE ' A RESOLUTION OF THE MAYOR&CITY COMMISSION OF THE CITY n OF SOUTH;MIAMI, FLORIDA,-RELATING TO A REQUEST TO ALLOW '0111H E ORIE416 OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS:SET FORTH IN SECTION 20-4.2(8) OF THE SOUTH MIAMI LAND T*CODE AND.SECTION 28-4 OF THE 4` MIAMI DADE.000NTY CODE PERTAINING TO A WAVER OF PLAT i. y° FOR.PROPERTY LOCATED.AT.6706 SW 67 AVENUE;SOUTH MIAMI, FLORIDA WITHIN AN "RS In ESTATE RESIDENTIAL ZONING USE DISTRICT, PROVIDING FOR A LEGAL. DESCRIPTION; AND PROVIDING AN EFFECTIVE DATE A RESOLUTION OF THE MAYOR.&CITY COMMISSION OF-THE CITY M;SOUTH :MIAMI, FLORIDA; RELATING TO A REQUEST FOR_ APPROVAL QF THE_:FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT:PROPERTY:LOCATED AT 6230 SW 70TH STREET IN'AN "RO RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS COMMERCIAL OFFICE BUIL..DING: (1)VARIANCE FROM SECTION 20;4.4(8)(1 d).OF.'THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET: PARKING SPACES WHERE,THE REQUIRED OFF STREET.PARKING IS.FIVE SPACES; (2) VARIANCE FROM SECTION 20 4;4(Fj(3)OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE 1'LOCATED IN THE FRONT SETBACK AREA WHICH I S PROHIBITED IN THE RO ZONING USE DISTRICT,AND PROVIDING FORAN EFFECTIVE DATE. All.:—t fted parties are urged to attend.Objections or expressions of approval maybe madean person at the hearing or filed in writing prior to or at the hearing The Plannirig:Board reserves the right to recommend #o the Ctty Commission uvhatever the board considers in,the best interest for the area involved:'lntgrested parties requesting information are=askea to.,contact;:the Planning and Zoning Department by calling 663 6326 or venting to the address indicated above. You are hereby advised that if any person desires to appeal any decision made:With re"spact to any matfer considered at this meeting or,hearing, such'.;person.will need a record of the proceedings; and for such purpose may:need to ensure that a,.verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to based{FS 286:0105): r O.w O O S p Cp� tnb A i(7"Oa 9 m a 0) CD CD �<N< N- N .. 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""J ks'tT1 :� A fbD a =�ti- Y4�'�DF 7'�4 lD � r'* R'� .7�,• �b (CpL A" c,(JQ•C "�'` ., �a.�',a fhD` !�D'C b: b � ^' w�s= y"�4 r..x.`� �' a, iAl o'N O A D a•�"1 fD y y M fpD� t2` cr t a boy fD C, i CD c i � � x y rI � Y n4�U�w✓.= IQ r BR AN to W 64th Ct SW 64th Ct 4th Ave 0 CCD � t A 1 � rn �---- to cn SW 63rd Ct `--- SW 63rd Ct t � 1 un SW 63rd Ave� 0 d SW 63rd Ave 0 ol 62nd Ct C� SW 62nd Avenue CD eD i A n � � O a ~ � z� � '� ■��■ �� iii i■� ■ ■ , STOF . STOP ,� '■,""�� ■ �!�/�'' ants• • �''/'" STOF y . �,,,■,,� ,,,■,' 1111 S wIlr■1/_► ��:�=�_ r /��/i� 7 TIN MEN � �Ii�ill� �Nt 1■�■�■■� ,�. �� +�■� ..........T 1 � 1 1 � son � �• � 111/Illlill cis s1OP ap ■ == ■ ■ Traffic Circle TO :� . ��"r�i III■1111 1111111■ � � 015 ��:;■��■�■ ■ 'STOP' � _•' ` ■ mill �� ■1 ■� ■ ♦ ■ Spec Table � 111 ■ ■� �,�, _.�... J CITY OF SOUTH.MIAMI INTEROFFICE MEMORANDUM To: Muhammed M. Hasan, P.E. From: Subrata Basu,ACM/Community De pmeirector Subject: Cocoplum Terrace neighborhood traffic Date: 06/17/02 Cc: Charles D. Scurr,City Manager Muhammed: Attached is a revised layout of the choker on SW 70`h Street as per our discussion. If you have no problem with it,we would like to proceed with it as soon as possible. Thanks for your help. Subrata C3 I -- -0 m j rz m --I zs iX11 D ND ENTER N r N CL 0 � �� 8 IN M m d � m Z r I n _3 Y m I C4 r X Vi �� [] SW 62... CT I 4- Z ~ Z m o f N �I Z CL N A CD em NO z `OUTLEi;: 7000 BUILDING 6201 BUILDING I AT AT D AVENUE SW 62N SW 70TH STREET -- F I ---�--- MARL fie EhiJNC£RING INC.f ® : PROPOSED INTERSECTION' SW 70 ST S SW 62 CT j �9 twwsMyey+... rn,v.: IMPROVEMENTS I NTERSECTION I'TY [1F so;-)TH. MIAMI t y "x •j}n: r D0) m ply. .o bi(� t ° r� tD CL ca CD CD CD t�Q ar Al t CO n O :N. O — r=—.: } Ctxy Fir + •:: p a•cD tD —cpUai ,C ztia.jy I { ICFTTT a.N fv.O N' O tV O O ?�, rr 8 �e^+.Czr+N O 000. A C p, "►' y lYjp� a. m . 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'i�..� `' �i�S�At f Q p- p1 Qt►w. r � � .��' t�.ty � pt ;�`�"••, fD Omni 'q fD W- r+• ,h y p O .� 6y O .y 14 p, ^ -t;'��N„'�r�F•A,r>`��s�'�ti, p' O ��y�z,�1.'* o $ f) y�0 cD fD,w� y4 , w � ` � �G '��.fOD °i�p�}?}1at.�,�D+�`y, �{3';h�+�� • w kkA�� , Op!p All I a re O n t: O +:. :O� w M �e .r•. °w b: ?», 'fi p� �nJ ..:w" .M�!'� �7 f•.. ��; tFl aF� ?i�"} `' y� t•SI r� std �.. �]. bi p' b F.i kz1a4! yi p� Cr`-r y :w �` � a��i� . L37��i sa37.�...•: ., , ----- r:�t�f.. p��'�'r^�'�. �Yritln ��1 �f �.��t�}��+l�� a��t�:�� p } BIkKOR CANAL.:, cn W 64th Ct ON SW 64th Ct 41h Ave 0 c A rn �'- `n rn SW 63rd Ct �--- SW 63rd Ct con rn SW 63rd Ave 0 d SW 63rd Ave 0 fD �p 62nd Ct SW 62nd Avenue aroma �. CD A A u C C O �. C r z � ■��■ �� iii �■� ■ �■� ��■■��■■�/■■� Yom: � :�� ■� ■ _ =,/Y.,� ,,,, acts ■ ■ S STOP � STOP''""'� '■'''",� ■ 1111 S �Iliil/ r�� ■ .,Ii�ili.• �Nt o 1■�■�� ,�1 loll ■. 1111", ' ;r ? ,0" is ,l.01S „� d015 PTO 0 111 , �■ �� :-> 1 �� • Traffic Circle US to STOP ��9 "'■'"� �'��"I■ • ' 015 �,�� ::��m■�r ■ STOP al t Y . � Fill �� ■■ ti ■ ■1m . �� ■ ♦ � �Spee� Table � 111 ■ ■� � ,�..�.. J CITY OF SOUTH MIAMI INTEROFFICE MEMORANDUM To: Muhammed M. Hasan, P.E. From: Subrata Basu, ACM/Community De pmeW� irector Subject: Cocoplum Terrace neighborhood traffic Date: 06/17/02 Cc: Charles D. Scurr, City Manager Muhammed: Attached is a revised layout of the choker on SW 70th Street as per our discussion. If you have no problem with it,we would like to proceed with it as soon as possible. Thanks for your help. S ubrata I r � I n Cl I .. vm rz � 1160 N❑ ED I . ' ❑ N❑ E N r aN 10 � Z d d z �"'+�sba I m r� m � N F- d m F n D m C4 m X cl- N 1 SW 62 CT 4 Z f'1 � tf`jFCTF, C4 I� v CLN CD C4 cc M D C4 F— z m _s NO I 11 UTLrc- - .. 7000 BUILDING 6201 BUILDING 1 AT AT _ SW 62ND AVENUE SW 70TH STREET 4�T-- I.' I NARUN N INC.l s PROPOSED INTERSECTIONI SW 70 ST S SW 62 CT j IMPROVEMENTS NTERSECTMN �;'T Y OF SCJU I H MIAMI I' 1n.MN f!.1rn.Wn n.Uf1f � pY p. ry f CG3Rr'Ctft%aTE-`J. y . 19 1 6 42 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax#: (305) 666-4591 On Tuesday, July 13, 2004 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-04-011 Applicant: Dr. Arthur Kolsky Location: 6230 SW 70`h Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70' STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. City of South Miami PB-04-011 Special Use Approval 6230 SW 70th Street 6611 6611 6610 6 6616 6610 6611 6610 6621 0 °, N6> 6621 6620 6621 6620 6621 6620 U 6631 0 0 6632 Q 6631 6630 6631 6640 6631 6630 0 6701 6� = 6641 � 6700 F- 6700 6701 6700 6701 6700 N 6711 0 00 c0 6701 (0 N a 6711 6710 6711 6710 6711 6710 6721 6718 0 co U) 6721 6720 6721 6720 6721 6720 u)0� 6731 6730 6731 6730 6731 - 6730 6731 cc SW 68TH ST 6802 6800 6370 6350 6300 6801 6800 6801 q682O ' 6812 i. ^ � M 6840 88�5 6810 6825 5950 cc 6820 `�° m co 6303 6825 6g41 v+ (9 0 60°� . sw o � 691 O 6 6910 000 6917 rn rn r 0� v CD CD o 6930 6925 � 6912 6240 6230 co 0 o co 6950 �o �0 6929 o M (0 6931 1 o co v v C-4 o °,co to 6970 0 6841 �� 6941 m CN 940 6941 fO cO co tO cO ° coo 70TH ST ov 7000 7001 7000 7001 0 1000 °o N � �, 70p9 cp 7020 7011 7020 7021 0 7010 7015 -�p0� F- 7040 7021 7030 7041 7030 7101 109 ILO 0) 7031 7040 0 7105 ) 0 0 7051 (q 7090 > 7101 7110 7111_ 70110 7107 SUBJECT ^ Q 7171 7110 Q 7115 7114 7111 PROPERTY 0 H 7111 7120 7121 � z 6161 0 CO r� of rn L 6201 CV 6101 6341 M to N c0 i9� co cn co SW 72ND ST 0 6180 LO M 40 Q) 633 32 6310 co `� 0 0 7223 a. J N . CD CIj 7231 0 7231 0o a o 7230 ^ N M 7243 7240 7251 N co 7311 7240 7301 7248 v 7311 N 7340 7310 7313 7320 r 7300 7321 7320 7321 7331 7330 U) 7333 7330 -4 o r M w 7341 7340 6331 7340 0, r o zz co zz 0 300 600 900 1,200 1,500 Feet NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI Planning and Zoning Department 6130 Sunset Drive; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 666-4591 On Tuesday, July 13, 2004 at 7:30 P.M., the City of South Miami Planning Board will conduct a Public Hearing in the Commission Chambers at the above address on the following application: PB-04-011 Applicant: Dr. Arthur Kolsky Location: 6230 SW 70`' Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 701h STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF-STREET PARKING IS FIVE• SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE All interested parties are urged to attend. Objections or expressions of approval may be made in person at the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers in the best interest for the area involved. Interested parties requesting information are asked to contact the Planning and Zoning Department by calling 663-6326 or writing to the address indicated above. You are hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). Refer to hearing number when making any inquiry. City of South Miami PB-04-011 Special Use Approval 6230 SW 70th Street 6616 6611 6610 6611 6610 6611 6610 6621 NO 0 CD 6632 Q 6621 6620 U 6621 6620 6621 6620 U 6631 0 = 6631 6630 6631 6640 6631 6630 0 6701 6641 6700 It 6700 6701 6700 6701 6700 N 0 CO 6701 � 11 6711 6710 6711 6710 6711 6710 6718 CO No 6721 07 6721 6720 6721 6720 6721 6720 o rn o m Lo 0 W n 6731 6730 6731 6730 6731 6730 6731 cn c0 SW 68TH ST 6802 6g0� WCO 6801 6800 6801 6800 685 6825 6820 5950 � 6810 CI) M 6825 6820 CD CD 684' 0�0 6��`5 6gp`L � 6 6910 M 6,20 60,0 6917 ov o 000 `r o 6930 0 °' N 6912 6240 6230 M 0 `�' N o 0 6925 m �, (0 co m co m 10 co o O co 6950 0 6929 6931 rn _ rn rn 6970 ° N LO 1 O C 00 to 941 6941 ('0 � 694 694 O O O (° 70TH ST 7001 7000 X00 o rn 7009 7000 7001 N 0 > 0 m 7020 M 7011 7020 7021 0 7010 Q 7015 1000 F- 7021 7040 7030 7041 7030 Of 7101 rn 7109 M 7105 7031 7040 0 cfl O 7051 (q 7090 r 7101 7110 7111 70110 > 7107 SUBJECT ^ � 7171 7110 Q C) 7111 7120 7115 7114 >� -PROPERTY M o 6161 0 c� —I co 6� 7121 � Z �* 0 M 6341 M Cl) O N 6201 � rnQ 6101 CD CO U1 CO � SW 72ND ST cf) 0 6180 M ��o �� 633 32 6310 co co co 6O 7223 N J 7231 0 7231 d m CN 7230 0 D 0 7243 7240 ^ N 7311 7240 7301 7248 co 0 7310 7313 7320 n 7311 7300 7340 7321 7820 > 7321 7331 7330 7 33 7330 _ ^ w �o M W /� 7341 7340 6331 7340 c-; N 0 0 0 300 600 900 1,200 1,500 Feet a SO U T� South Miami o� �r !mod All-America City U f 1 • INCORPORATED • 1927 R 1 O 2001 CITY OF SOUTH MIAMI To: Honorable Chair& Date: July 13,2004 Planning Board Members From: Don O'Donniley Re: Variance Request Director of Planning 6230 SW 701h Street . PB-04-011 Applicant: Dr. Arthur Kolsky Location: 6230 SW 70th Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20-4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF-STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated "RO" Residential Office Zoning Use District. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20-4.4(B) "Parking Requirements" • Land Development Code Section 20-4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20-5.9 "Variances Approvals" • Land Development Code Section 20-6.1(B)(3)(h) "Planning Board Duty" BACKGROUND (1) The subject property is a single family residential building which is a legal non- conforming structure (dimensions substandard). The property may continue to be used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non-conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic.North of the property (RS-3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM-24) is an apartment building and a tennis court (3) The parking variances are being requested so that the number of off-street parking spaces provided would be sufficent to permit the structure to be used for commercial offices. The type of offices in an'RO district is very limited and at this site would be further limited by the number of off-street spaces provided. Based.upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental or other health related uses would not be able to locate in this building due to a higher number of spaces required. The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS The applicant's claim of hardship • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The applicant has been requested to provide appropriate documentation from the County (DERM) indicating the need to use the septic tank system in this area. This documentation has not been received to date. RECOMMENDATION LDC Applicable Regulations Location Map Application Letter of Intent/Justification Survey. Proposed Site Plan Copy of Public Notices DOD/SAYE:\PB\PB Agendas Staff Reports\2004 Agendas Staff Reports\4-13-04\PB-04-002 Variance 5820 Bird Report.doc ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20-4.4 (B) Parking Requirements Space Requirements. The minimum number of off-street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20-3.31). Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one-half(1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten(10) units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. (5) One and three-quarters (1.75) spaces per bed. (6) One (.1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred(100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One (1) space per two hundred(200) square feet of gross floor area. (10) One (1) space per two hundred fifty (250) square feet of gross floor area. (11) One (1) space per three hundred(300) square feet of gross floor area. (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand(1,000) square feet of gross floor area. (15) One (1) space per four(4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. Land Development Code Section 20-4.4 (F)(3) Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off-street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. • -Land Development Code Section 20-5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20-5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping • Land Development Code Section 20-6.1 (B) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off-street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to specific property, and when .the strict gpplication of a particular regulation would result in peculiar and exceptional hardship ppon the owner of such property as distinguished from reasons of convenience, profit or caprice. PRSRT STD us POSTAGE n PAID ' MIAMI,FL `J PERMIT NO. 2118 JANUARY 11 - 1 1, 2005 laid hM1�#W Im r, - o s s - e o s o save r�ee arle BY FMNCES DUBSON t was one of the shortest agen- das- of- a South Miami City Commission meeting I in a long time,yet it was one of the longest discussions of a single item. It was brought back for reconsideration of a vote by Commissioner Marie Birts- Cooper after she felt she voted incorrect- ly as did Commissioner Craig Sherar, who were persuaded �'�£" E at the last minute by outspoken residents 'r � y a opposing a parking ( ; variance. The issue at hand is .N ' Dr. Arthur Colsky's application for apark- r ing variance for his r i property at 6230 S.W. x � t� _ �� t r 70th. Street, which 1S : Jay Ja Beckman _ located in a Residential z Office Use.District t ��p Commercial build- z a3 3r2 � w ings stand to the east wt , RffiM�a of the property whilear residential homes are Y 3 to the west. e Unlike most other :.--a F ki requests for a parng variance which usually r - , Y '� "; request extra parking Dr.Arthur Cols �' � spaces, Colsk , a local P Y x Dermatologist,wanted , to.reduce the parking z.r" requirement from fiver . �t,3 �r; � . ' spaces to four spaces ;x t so that he could save a �*� - large oak tree once hey,;, : begins converting the Artist Marcy Grosso (back right) with her husband Conrad,Riumbau and her run down home into a newly remodeled busi- children, Emily and Harry Riumbau. Grosso's art was chosen to be on"the ness office. commemorative poster for last years Sou_ th Miami Art Festival,Nov. 6-7, City Attorney For what seemed a winning 2nd Place and Best in Show. Luis Figueredo minor request, quite a - bit of turmoil erupted (SEE PHOTO FEATURE ON PAGE 2) r 3 a among residents and the members on the vote.That left some people wondering if appeared to have been confused at the w dais,where aside from she is being influenced by others from September 21st Resolution hearing.They having commissioners the City" of Pleasant Living. Palmer has seemed not to understand that Colsky - flip-flopping and later said adamantly that she did not see a wanted to reduce, not increase,parking— honestly admitting hardship that would justify the variance. all while telling_him that he had to save their mistake there At the September 21st meeting the the tree,which is not possible without the have also been ques- vote to grant the variance.was defeated by variance. tions about Vice a 4 to 1 vote, Mayor Mary Scott Russell Among several residents in opposi- Commissioner` -Mayor Velma Palmer being the only one at the time who voted tion was Jay Beckman. Marie Birts-Cooper and her reasons for in favor of it. "If these variances are not granted her"no"vote back on The same group of_neighbors.who this property has a productive use there- September 21: Palmer admitted to ham initially protested the variance request fore the variance is based on economic ing been confused about the issue,call- returned to protest last week,and protest D I ky ff rt I I h PP d d n 9 ing it "fuzzy immediately following the they did even though several of them also F�,Roffo 7 IYDAVID PINES •dards such as A Child is Born, where event on Feb. 6th (if they're not on relaxed way. One doesn't even have to shoppers and strollers enjoyed the mall tour). drive to get there. The City has also On the second day of this New Year, type atmosphere of a pedestrian friend- Folks took advantage of the perfect started a free trolley service that runs South Miami's first official Sundays on ly, traffic-free portion of Sunset Drive weather for a classic Sunday afternoon from 10 a.m. to 6 p.m. on the first 'sunset was born with the aid of two .between SW 57th and 58th Avenues. stroll where kids of all ages could lap up Sundays, as well as from 11 a.m. to 10 xackedack, high-energy jazz sextets. Starting shortly after 2 p.m.,Melton some ice cream or even take advantage p.m.every Friday and Saturday.It can be .ong-time local favorite Joe Donato Mustafa,the widely acclaimed veteran of of the adjacent South Miami Farmer's boarded at the South Miami Metrorbe me-.,of the most legendary names in Market and chow down on Levi Kelly's station and at various other points g' band jazz (including Duke infamous smokey barbeque chicken and throughout the City. With convenient lington, Count Basie and Woody ribs, Carmel's sensational seafood or erman) took the stage and "kicked it Laura's Fresh Produce. stops near the senior citizens, center, a notch."The use of Emeril Lagasse's Sundays on Sunset occurs the first churches, the post office, hospitals, g line seems appropriate here, `cause Sunday of each month from noon to 5 Winn Dixie and other public activity e band was cookin.' Barely halfway p.m., as away to create an awareness of centers , town folk will never be more to their first set, the decision was the unique character of South Miami's than a short walk away from a ride to ode to bring the sextet back for the downtown for the uninitiated in a fun, their favorite city destination. OR ffl � �' x — ' ,. {': .f { ;•r��E°�>.,, AFL, YY ' w y fi a fi f MW NUP Y i a s 0. 1 °• �o z� tr,a� i.. South Miami pioneer Robert Longo was plugging his There was dancing in the streets as Miami natives and Major Michael Mills from the South Miami Police p 9 p 99 9 Kendall residents Shara and Richard Waas cut a rug to Department with wife Kathy."I'm just taking in the day, � book about a certain town Where Everyone Knows 9 making sure everything is okay,"said Maj.Mills."This Your Name. the smooth stylings of Donato's sax. is a nice event to start the new year." IMP NY N. a ANN, v , � e t SoBe babes Casey Kehoe and Jessica Stern came all ceL the way across the causeway because they heard Levi South Miami di Photographer Walter Harris,outgoing president of the Kelly's BBQ was the "bomb-di i 9 South Miami Homeowner's Association,with wife,Eda, 99 tY•"The y qualify as dignitaries John Edward Smith, Lieutenant Bruce Ross, and Parks'and Recreation and their maltudo,Bunny.".I expect good things in'05 experts having traveled all over F-L-A carefully sam- Director Alan Ricke. from the city and the world,"said Harris. pling chicken and ribs and feel that Kelly's BBQ places second only to Billy Jacks in.Williston. a 7T y. �0 ONEt • Checking out selections from Christy's Jewel Me are South Miami Vice-Mayor Velma Palmer(left)samples Dr.fJohn Christie, the leading colorectal surge on in Kri Jty and Heather D'Andreeal is worth t You can find some of Carmel Brown's(right)delicious conch fritters South Miami for 30 years."I have been following Joey the jewels?Because eve at the Farmer's Market with her grandchildren Andrew D's jazz for 25 ears,"said Dr.Christie."It's a beauti- Christy's catalog at JewelMe.net or email and Ashle Palmer. ful da y xcris@aol.com. y" P 66 COMMUNITYNEWSPAPERS.COM— January 11 - 17,2005 S h Mi clang� C AH91 C ang went t C tro in out ami Festival will be held January 22 &23, 2005 from 10 a.m. to 5 p.m. and will feature a wide variety of outstanding fine artists. This event is geared for the elegant and eclectic art enthusi- ast. The price of admission is $5 plus g ' 1 , tax. Parking is always free. Pinecrest Gardens is located at 57th Ave. & 111th Street in the heart .of South Miami has a new trolley in Pinecrest. Visit www.pinecrestgar- town and now is the time to try it out. dens.com for more information r Mo This pilot program for the City of This year's festival poster can be South Miami's New Trolley Service viewed by visiting: www.plan t-spar be an January 2 to coincide with its i is.com P mecrest osters.html. :..�.n'u.:.......:.....:.r..,......5n:....,.,..>...,.,...................:..6::..>:,..:..:.�,.•..�.:5:,;<w::.;.;:<,.;.::.3<.>:i.:::,.;�:.:.,::.:.,a:s.:..,:H::,:,.a..:'>.:s.._ry.a.�.�°.' ..,a..,...s,.. .. ,.,fr. .. ....9. first Sundays on Sunset. The free trol- In other holiday happenings, the ley will service the City on Fridays and New Year's weekend and days leading One of South Miami's new�rolleys stands ready,for service in the City of Pleasant Living. Saturdays and the first Sunday of up to the big National Championship each month when they will add an FedEx Orange Bowl offered plenty of too long. Belle, Gwen Hallander, was mation, call 305-460-5311. extra trolley to service the Metrorail action for visitors and residents alike. parking lot to the downtown area. While many were glued to the televi- Perfect in her role, as was the rest of A terrific way.to start the New Year The trolley concept has been a big sion sets watching all the Bowl games, the amazing cast. The final shows is a trip to Fairchild Tropical Garden hit in Coral Gables and South hundreds of parents, grandparents Played.to a packed house and thrilled to check out the Victoria Amazonica, Miamians will do well to check this and children took advantage of the everyone attending. Kudos to Barbara also known as the giant Amazon water out. In fact, . the upcoming time off to catch one of the final per- Stein, David Ariseo and the many tal- lily, at its new exhibit at 10901 Old Red/Sunset Merchants Association — formances of Beauty and the Beast at ented people and, generous sponsors Cutler Road. This charming water lily Arts & Crafts Show being held Actors' Playhouse at the Miracle like Oceanbank responsible for bring- is native to South America and was February 26&27, 2005,offers a great - Theatre. Actors' Playhouse continues ing this musical to South Florida. first discovered in the United States opportunity. This annual event will to wow the audience with amazing Gables Rotarians gathered on New in 1801. These beautiful specimens run 9:00 a.m. to 7:00 p.m. on Saturday shows and this was no exception. Gary Year's Day for their annual Moose grow 4 to 6 feet in diameter and their and then 9:00 a.m. to 5:00 p.m. on Marachek, who played Maurice, Milk Party at the Coral Gables home striking leaves can hold up to 300 Sunday. For more information on this always delights and brings a chuckle of Richard and Luba DeWitt. The pounds in weight—that's quite'a few event, call Alex Abril at 305-668-8801 and Robert Rikicki as Gaston was a event featured covered dishes frogs! For hours or directions, call Just a little further south, hoot. Tally Sessions, as the .Beast, brought by members, a crazy concoc- 305-667-1651. Pinecrest will have its own art festi- sometimes frightened the little ones tion of ice cream and gin for those January is one of the best times of cn-- A- 1..,* a„ao.,..oa 1,;, —If ..,An 1—f who cared to partake, and other non- the year to visit our Jo_c� January 11_17,2005 COMMUNITYNEWSPAPERS.COM Page 3 �. order," said MayortRussell. "For all the What the Vice Mayor did not mention reasons Commissioner Sherar summa- at last week's quasi judicial hearing when rized for us this is a hardship. It's a the City Attorney asked for full disclo- unique piece of property. There isn't sure of any contact regarding the matter another parcel in this city like it and I was that she did visit the property with P don't believe we are setting a precedent. her husband and local resident David I'd rather have Dr. Colsky there in these Tucker Sr. before the September vote. circumstances than have anyone come For some reason she never asked City gain and that is not a legitimate rea- of the city. The property has lost its spe- back and apply for any other kind of vari- Staff to take her out to the site. Just b son for a hardship,"Beckman said. cial use as a residence because the appli- ante. Anyone who would choose to live recently—days before the hearing—she Hardship is a key word because a cant exercised his right as a property there probably could not afford the was spotted talking with resident Beth hardship has to be proven in order for owner not to use it for any purpose and process to revert it back to residential." Shwartz outside Schwartz' home, a the commission to grant a variance. having lost that it is not usable." At last week's meeting Vice Mayor neighbor of the Colsky property and a According to Don O'Donnilley,Director Former mayor and city resident Cathy Palmer insisted she did not see a-hard- strong opponent of the variance. of the Planning and Zoning Department, McCann also spoke against the variance.Her ship,even though she never detailed why In the end the variance was voted there is a hardship. His department as concern, however, was that it was brought she believed there wasn't one. She also down 2 to 3, with Commissioner Randy well as the Planning Board recommend- back too soon and doing so is not legal. appeared somewhat confused shortly Wiscombe as the second `no'vote. ed granting the variance. "I am going to question the legality of before the vote. Colsky was saddened by the decision. "A single family dwelling is a Special this being on your agenda,"said McCann. She asked City Attorney Figuredo, "I am very disappointed,"Colsky said. Use,"O'Donnilley said. "It is not permit- "Our ordinance states that when "So, at this point you are saying that we "I didn't understand how the commis- ted as a matter of right. That is why we there's a reconsideration of a vote or an are at a reconsideration of vote?" sioners who voted against the variance have contended this is a hardship, and it item it has to be done at the same meeting. Figueredo said, "No, Madame Vice- could do so in light of the facts at hand. is not a use of right.It's a hardship if you I think this is a very dangerous precedent Mayor, that motion already passed. In I am not sure the residents understand can't use the property." to set." order to bring the matter back,at a prior all of the ramifications of their actions. Basically, all of the residents in oppo- City Attorney Luis Figueredo commission meeting, a commissioner My only goal has always been to preserve sition want the property to become resi- explained otherwise. made a motion to reconsider her vote. the character of the property,to preserve dential but, as O'Donnilley explained, "There's a provision in the Code of That motion passed and when that the oak trees and to use the property that too would require a zoning change Ordinances that allows matters to be motion passed it suspended the denial. according to the existing zoning. I plan and that's not what the owner of the brought for reconsideration," Figueredo Now the matter was able to come back at to consider my options and formulate a property wants. said. "The land development code provi- a later commission meeting which is plan of action in the near future." "I find there is a hardship because sion is that when you have an appeal of a today." Another note to add—at the end of this is not in a residential neighborhood denial variance it cannot be brought back To which Palmer said, "I have been the meeting residents who fought against because it is an RO zone,"Commissioner for reconsideration. The term reconsid- there (to the property)several times and it the variance walked out of the chambers Craig Sherar said. "The property to the eration is reconsideration of the matter. is a residential area and no one here hugging,laughing,kissing,shaking hands east is RO, the property to the west is In the `Roberts Rules of Order' when would want an office next to their house and cheering each other on,reciting what zoned RM-24, the total square lot of the there's a motion to reconsider a vote, and as I have read here shouldn't we have was and wasn't said by certain individuals. area is 4,752 feet, which does not meet which is what occurred in this instance,it waited six months to bring this back? I Later on in the evening, Vice Mayor any requirement in any zoning category wasn't a motion to reconsider the matter believe it shows a lot of inconsistency on Palmer pulled her car up alongside Cathy which would have required a majority our part and I have to agree with a lot of McCann's car where the two women chat- vote by this commission to bring it back these speakers.Six months is not that long ted, exchanged some words and laughed, in six months. However Commissioner from now so even if this is granted it's not appearing quite jubilant.Palmer did admit d Birts-Coopers reconsidered the vote." going to go away.As far as I am concerned that she spoke with McCann before this Mayor Russell agreed with this view. my decision is final and I think there is no hearing about the bringing back of the "First of all,Vice Mayor,I am comfort- hardship because the house can be used variance and the legal interpretation of able that we are not acting out of legal and I think we are bending the law." doing so. "'WrPublishina Community Newspapers i 'tea_ ,� • . �� '� Al 4 4 i1�. l - '� , ti is-� ye � t a ... .. �� } - < :, ;�� a I , � �. � 1 t , 1..� \� ' - -- � 1- =��'�� - I - �- ., , . ,� � _� � � � .� a Cs _ r � A-... — ow It P � - .t 3. N ok %e Sri, i fie. � t1y .fit: .� tr♦ }".yr . :,- Tin : I' � 1 � i rRi � Srr•$� �w,. i�t ,y./!%°j F �, tilt „-a ' � .; •: CZ