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06-16-09 Item 11South Miami AD- Amedca City 1 CITY OF SOUTH MIAMI �NEO OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Thomas J. Vageline, Direct lanning and Zoning Department Date: June 16, 2009 ITEM No. Subject: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7,500 SQUARE FEET .IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A ONE STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant, V & B Property of Miami, Inc., needs a variance in order to construct a one story office building on a vacant lot located at 7641 SW 62 Avenue. The applicant is requesting approval of a variance for lot size (includes frontage). HISTORY OF VARIANCE REQUEST It is important to note that the applicant /owner applied for a similar variance in 2006. The proposal at that time was a different design (contemporary style), two stories, 1,400 square footage, and showed parking underneath the building. The proposal did require the same variance for lot area and frontage. The Commission at its February 20, 2007 meeting approved the variance with two conditions by adopting Resolution No. 19 -07 -12404 (attached). The subject variance approval did lapse because after one year no building permit was applied for. BACKGROUND The subject parcel is a non - conforming property and any new construction must meet the zoning standards for the "RO" Residential Office Zoning district within which it lies. Development of the property is prohibited because the lot area of the parcel is 7,003 sq. ft. which is below the minimum required lot size of 7,500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75 feet for the RO zoning district (LDC Section 20- 3.5G). The applicant, in a hardship letter, claims that the substandard size of the property prohibits the use of the property. 2 APPLICABLE REGULATIONS (See ATTACHMENTS) • Land Development Code Section 20- 3.5(G) Dimensional Requirements • Land Development Code Section 20 -5.9 Variance Approvals STAFF OBSERVATIONS (a) The applicant is proposing to build a one story dental office building with 1,200 square feet of office space. The required six off - street parking spaces are located as follows: five on -site spaces in a parking area in front of the building; one on- street space located abutting the site. The proposed F.A.R. will be 0.17 (0.30 is permitted). - (b) The subject site is surrounded by the following properties and zoning districts: office buildings to the north and south (RO zoning district); a residence to the east (RS -3 zoning district); and a commercial shopping center across SW 62 Avenue to the west (GR zoning district). (c) In June 2008 the City Commission amended the Land Development Code (LDC) to add specific criteria for judging variance requests. LDC Section 20 -5.9 (H) now requires that all variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; The requested lot area /frontage variance is necessary to use the property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant, The property was a non - conforming platted lot prior to its purchase by the current owner. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the lot area variance is the smallest possible and the only one necessary to allow for the reasonable use of the property. 5. That the annroval of the variance will be consistent with the general intent and purpose_ of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. - - The approval of the variance will allow a vacant property to be used and for the City to receive property tax and other revenues. In addition the proposed use is the type of use contemplated for the RO zoning district and would be compatible with the abutting and surrounding properties. These objectives are consistent with the stated objectives of the 'K, Land Development Code. The variance requested will have no impact on surrounding properties. PLANNING BOARD ACTION The Planning Board at its March 31, 2009 meeting conducted a public hearing on the proposed variance and adopted a motion by a vote of 5 ayes 0 nays recommending approval. RECOMMENDATION It is recommended that the City Commission approve of the lot size / frontage variance with the following condition: that the applicant must construct, in accordance with the standards of the South Miami Public Works Department, one on- street parking space in front of the proposed building. Attachments: Draft Resolution Application Location Map Letter oflntent Letter of Hardship LDC Section 20- 3.5(G) LDC Section 20 -5.9 Planning Staff Report 3131109 Planning Board Minutes Excerpt 3131109 Resolution No. 19 -07 -12404 Copy of Public Notices Survey Site Plan TJV /SAY X: \Comm Items\2009 \6 -16 -09 \Variances 7641 SW 62 Ave CM Report.doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 I RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI,. FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7,500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A ONE STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Application No. PB -09 -006 was submitted to the Planning Board by the applicant, V & B Property of Miami, Inc., said application requesting approval of the following variance: variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area of a building site to be 7,003 square feet, where a minimum of 7,500 feet is required and 50 feet of frontage where 75 feet is required; all on property within an "RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue, South Miami, Florida; and . WHEREAS, the applicant wishes to develop the property with a new one story office building, and; WHEREAS, in order to develop the property as proposed, the requested variance is required and; WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on March 31, 2009 the Planning Board, after public hearing, voted 5 ayes 0 nays to recommend approval with a condition of the variance requested; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. That the subject application submitted by V & B Property of Miami, Inc., requesting approval of a variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area of a building site to be 7,003 square feet, where a minimum of 7,500 feet is required and 50 feet of frontage where 75 feet is required; all on property within an "RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue, South Miami, Florida is hereby approved with the following condition: that the applicant must construct, in accordance with the standards of the South Miami Public Works Department, one on- street parking space in front of the proposed building. 2 1 2 Section 2. The approval of the requested variance includes Exhibit A, Landscape and 3 Ground Floor Plan for the V & B Office Building prepared by Bellon Milanes 4 Architects /Planners (dated 2- 26 -09) which is attached and incorporated herein. 5 6 Section 3. That the approval of the subject variance be based upon an affirmative 7 finding as to each of the following criteria set forth in LDC Section 20 -5.9 (H): 9 1. The variance is necessary to relieve particular extraordinary conditions relatin 10 to a specific property; 11 The requested lot area I frontage variance is necessary to use the property. 12 13 2. Denial of the variance would result in hardship to the owner. Hardship results if 14 the restriction of the zoning ordinance, when applied to a particular property, 15 becomes arbitrary, confiscatory or unduly oppressive because of conditions of 16 the property that distinguish it from other properties under similar zoning 17 restrictions; 18 A denial of the variance would be an oppressive hardship on the owner by 19 preventing the property from being used or built upon. 20 21 3. The extraordinary conditions and circumstances do not result from the actions 22 of the applicant; 23 The property was a non - conforming platted lot prior to its purchase by the 24 current owner. 25 26 4. The requested variance is the minimum variance necessary to make possible the 27 reasonable use of the land, building or structure, 28 The granting of the lot area variance is the smallest possible and the only 29 one necessary to allow for the reasonable use of the property. 30 31 5. That the approval of the variance will be consistent with the general intent and 32 purpose of the Land Development Code, and will not be incurious to the 33 neighborhood or otherwise detrimental to the public welfare. 34 The approval of the variance will allow a vacant property to be used and 35 for the City to receive property tax and other revenues. In addition the 36 proposed use is the type of use contemplated for.the RO zoning district and 37 would be compatible with the abutting and surrounding properties. These 38 objectives are consistent with the stated objectives of the Land 39 Development Code. The variance requested will. have no impact on 40 surrounding properties. 41 42 Section 4. This resolution shall be effective immediately after the adoption thereof. 43 44 45 46 47 PASSED AND ADOPTED this , day of , 2009 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items\2009 \6 -16 -09 \Variances 7641 SW 62 Resol.doc 3 APPROVED: M I •' Commission Vote: Mayor Feliu Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: ® City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Dearing Before Planning Board & City Commission Address of Subject Property: Me s -u; is: Applicant: Representative: A d f r�3�� i e �r��f Prooerty Owner: Lot(s) W Block PB ;E--10 Or (anization:A,5-�p jam/ Phone: �7 -� - Signature: 3 Mqw--11 O/C7 I- 1114gll %/1 • Phone :, L r 2 >er. Phone. Z THE APP I ANT, 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: PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC variance _ Zoning Map Amendment _Special Use _ PUD Approval _Special Exception _ PUD Major Change _Other (Waiver of Plat) Briefly explain application and cite specific Code sections: 15 ReRZ XAV- 5t) ,C)CAI v,v Div Section: Subsection: Page #: Amended Date: B y 7-po GITy Go,�i<'llSSl SUBMITTED MATERIALS PLEASE CHECK ALLTHATAPPLY: �41­etter of intent Justifications for change - Statement of hardship ,% roof of ownership. or letter from owner V Power of attorney. Contract to purchase (Current survey (1 original sealed and `signed /l reduced copy @ 11" x 17 ") 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" 120% Property owner signatures or /Affidavit attesting to mail notice sent ,/Mailing labels (3 sets) and map .Required Fee(s) The undersi ed has read this completed application and represents that the information and all submitted materials are true and correct to th$est of the applicant's knowledge and belief. Applic Upon r applica and title oz 2-� 01 Date cations and all submitted materials will be reviewed for compliance with the Land Development Code and other as. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Petition Required Method of Payment Date of PB Hearing Date of Commission Petition Accepted City of South Miami PB -09 -006 Variance Application N 7641 SW 62 Avenue E 0 300 600 900 1; 200 Feet W-0 GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 3/17/2009. 7301 1 7248 szfio - �._.._.... 7 11 7220 ' ; SW 61ST CTCR ! cP 7313 ! I 7241 I �! i - -_— j 7311 ! 7340 6130 7320 ! 7321 i a i- - -� —� 5950 7333 733D i Z ! 6250 7331 7330 m 7340 g ! N 7401 6022 G SW 74TH -ST— 64ro 74TH ST ^ 7400 7401 5950 7417 i 7410 7411 i - 6100 - -� - - -� i a 7435 7410 __. -. -— 7420 7421 j — 7400 6144 - 7500 1• 7430 , O 7431 - .... ..- 7dd0 a 7441 r 6150 - 7500 w i 7500 7500 — _ rn! 7511 7510 7511 6180 r - - -,— 7515 - - - -- --- - - -_ -� _ 7520 7540 zz z i 7520 7521 ` i -7540 7535 $ , 7541 6001 i 7531 1 6101 7575 5991 ! j r 7530 - - -- SW 76TH ST_— — 6150 j 7606 5040 ! 6020 ! -6000 7601 – 7600 ' L i 7615 7616 ^ -7621 -- 6330 i - - - - -- —. 7621 7620 7621 ! 7620 i 0 6202 1 i 7633 7630 7630 7631 6356 S U BJ E C T y7641t 7640 a 7643 - -- ¢ r - -- -- 7628 - -- i U 6290 PROPERTY N 7640 7641 iF 7634 -- ! 7700 - -- - -- --iN - -- 7701 7700 - — — `� not - :_ !N 6220 7710 - -- -, -- --- _-- - -- -- 7650 ' T701 7711 7710 7711 -- i 6231 6241 7720 7714 7727 7720 6310 7700 7730 i '.._.__..�_- 7731 7720 7731 7740 6350 • ` .. -_ - -_ �___ - -___ - -.: , ..— .- �- _.__ - -- BROWN DR SW 78TH ST �_ —_—: ' _---- - -_ - -_• - as �` 6250 1 i 6240 6230 6220 i fi210 6200 6140 6110 e e 6000 5990 5980 5960 6403 7851 - i,. 6304 .' t 6257 j 6247 6231 6221 6211 l 6201 i i —i 6101 _ - $ 6001 5991 5961 ' 1 1 I I I _ SW 79TH ST 6310 6300 '. 6250 w i ! ! 6240 ! 6230 6220.: 6210 6200 6150 6130 '. 6110 + 6080 i ! 5990 5980 5060 6001 ^o I 6321 6311 6301 ;N 6281 6271 6261 6221 6211 6207 ! 6151 6131 6111 6051 5989 5957 •°••°•• °•• °•• DAVIS RD SW 80TH ST °•• °•• °•• ®•• °••�•• °•. ®..� ' 6340 iM $- n 0 X00 - - - - -� 8001 8000 in 8001 8000 8001 6150 6120 6040 6020 6000 5980 5950 80 5 ;y 40 I- :rn GIS Data by Miami -Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 3/17/2009. 12485 S.W. 137 Avenue • Suite 103 • Miami, FL 33186 (305) 278 -7776 • Fax: (305) 278 -7473 March 23, 2009 AA 0003505 LETTER OF INTENT City of South Miami Planning & Zoning Dept. City Hall, 6130 Sunset Dr South Miami, FL 33143 Re: Variance Request Proposed Dental Office Building 7641 SW 62 Ave South Miami, FL Dear Planning Board and City Commission, It is the intent of the owners of this property (7641 SW 62 Ave: Lot 6 Blk 3; Larkin Pines Subdivision) to,built a one story, 1,200 S.F. professional dental .office building in Florida Vernacular style. This property was zoned RO (Residential Office) long ago as part of a master plan. Our request is to approve a variance from sec. 20 -3.5. to allow the net area of the site to be 7,003 S.F. where the minimum of 7,500 S.F. is required and 50' frontage, where the minimum of 75' is required. These existing conditions, inherent to the site (lot) amount to a defect in the land and constitute a hardship as per it's definition by the City Commission. The granting cf this variance would not allow any special privileges not enjoyed by the surrounding properties. Instead, it will. allow for this property, with its unique characteristics, to. be used. and enjoyed by the owner in a similar fashion as his neighbors on the abutting tots with the same RO zoning. We hope you'll find our request reasonable and that in granting it, you will not adversely affect the existing commercial /residential character of the surrounding neighborhood. Sincerely, Erik Bellon ARCUITECTURE a LAND PLANNING - INTERIORS a CONSTRUCTION MANAGEMENT 0 12485 S.VV. 137 Avenue e Suite 103 a Miami, FL 33186 (305) 278 -7776 o Fax: (305) 278 -7473 AA 0003505 March 23, 2009 JUSTIFICATION FOR CHANGE City of South Miami Planning & Zoning Dept. City Hall, 6130 Sunset Dr South Miami, FL 33143 Re: Proposed Dental Office Building Lot 6 Blk 3 Larkin Pines Subdivision 7641 SW 62 Ave South Miami, FL As required for variance: Our request is to approve a variance from sec. 20 -3.5. to allow the net area of the site to be 7,003 S.F. where the minimum of 7,500 S.F. is required and 50' frontage, where the minimum of 75' is required. The existing conditions, inherent to the site (lot) amount to a defect in the land and constitute a hardship as per it's definition by the City Commission. The granting of this variance would not allow any special privileges not enjoyed by the surrounding properties. Instead, it will allow for this property, with its unique characteristics, to be used and enjoyed by the owner in a similar fashion as his neighbors on the abutting lots with the same RO zoning. If you should have any comments or questions, please do not hesitate to contact us at your earliest convenience. Sincerely, Erik Bellon ARQUITECTURE e LAND PLANNING e INTERIORS CONSTRUCTION MANAGEMENT 1H 12485 S.W. 137 Avenue • Suite 103 a Miami, EL 33186 (305) 278 -7776 • Fax: (305) 278 -7473 AA 0003505 March 23, 2009 STATEMENT OF HARDSHIP City of South Miami Planning & Zoning Dept. City Hall, 6130 Sunset Dr South Miami, FL 33143 Re: Proposed Dental Office Building Lot 6 Blk 3 Larkin Pines Subdivision 7641 SW 62 Ave South Miami, FL As required for variance: The existing conditions, inherent to the site (lot) amount to a defect in the land and constitute a hardship as per it's definition by the City Commission. The granting of this variance would not allow any special privileges not enjoyed by the surrounding properties. Instead, it will allow for this property, with its unique characteristics, to be used and enjoyed by the owner in a similar fashion as his neighbors on the abutting lots with the same RO zoning. If you should have any comments or questions, please do not hesitate to contact us at your earliest convenience. Sincerely, Erik Bellon ARQUITECTURE e LAND PLANNING o INTERIORS m CONSTRUCTION MANAGEMENT ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • . Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables (1 ) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the three tables labeled "Dimensional Requirements, Single- Family Districts" (Section 20- 3.5E), "Dimensional Requirements, Multi family Districts" (Section 20 -3.5F) and 'Dimensional Requirements, Nonresidential Districts" (Section 20- 3.5G). Land Development Code Section 20- 3.5(G) DIMENSIONAL REQUIREMENTS REQUIREMENT RO Net Area (sq. ft.) 7500 Frontage (ft.) 75 X: \Comm ltems \2009 \6- 16- 09 \PB -09 -006 Variances 7641 SW 62 Ave.doc PROCEDURES AND APPLICATIONS 20 -5.9 (4) Where the use includes a vehicular use area or landscaped buffer, .a proposed landscape plan and information regarding permanent maintenance arrangements; (5) A neighborhood location map showing all surrounding land uses within five hundred (500) feet of the proposed site; (6) All information required for any other type of application which is being processed simultaneously or for any.other type of application; and. (7) Any other information necessary to demonstrate that the proposed special use will conform fully with the requirements of this Code. V20 -5.9 Variance approvals. (A) Expiration of Variance Approvals. Avariance, approved pursuant to Section 20 -5.5 shall lapse after one (1) year if no building permit has been applied for in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes fo 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 one -year 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 Awareness. 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 -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 3 buildings and setbacks and any other features relating to the variance request. C (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 Supp. No. 12 113 20 -5.9 SOUTH MIAMI LAND DEVELOPMENT CODE (7) Off - street parking (8) Open space (9) Signs (10) Landscaping (H) All variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; 5. That the approval of the variance will be in consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (Ord. No. 11 -90 -1451, 8- 21 -90; Ord. NO. 11 -08 -1946, § 1, 3- 18 -08; Ord. No. 20 -08 -1955, § 1, 6 -3 -08) 20 -5.10 Reserved. Editor's note —Ord. No. 25 -08 -1960, § 1, adopted July 29, 2008, deleted § 20 -5.10 in its entirety. Former § 20 -5.10 pertained to administrative waiver approvals and derived from Ord. No. 15 -94 -1564, § 1, adopted Oct. 4, 1994; and Ord. No. 4 -95 -1577, § 1, adopted Apr. 4, 1995. 20 -5.11 Site plan review approvals. (A) Applicability. Site plans shall not require a public hearing but shall be submitted for review and approval by the environmental review and preservation board prior to the issuance of a permit for: (1) Any new building or other structure which is visible from any public or private street; and (2) Any material alterations to an existing building or other structure which is visible from any public or private street. Supp. No. 12 114 Sour � f U NCORPORATED 1927 :�_0 Rte CITY OF SOUTH MIAMI To: Honorable Chair & Date: March 31, 2009 Planning Board Members From: Thomas J. Vageline Re: Variance Request Director of Planning 7641 SW 62nd Avenue PB -09 -006 Applicant: V & B Property of Miami, Inc. Location: 7641 SW 62 Ave. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7,500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A ONE STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. SUMMARY OF REQUEST The applicant, V & B Property of Miami, Inc., needs a variance in order to construct a one story office building on a vacant lot located at 7641 SW 62 Street. The applicant is requesting approval of a variance for lot size (includes frontage). HISTORY OF VARIANCE REQUEST It is important to note that applicant/owner applied for a similar variance in 2006. The proposal at that time was a different design (contemporary style), two stories, 1,400 square footage, and showed parking underneath the building. The proposal did require the same variance for lot area and frontage. The Planning Board at its September 25, 2006 meeting recommended approval of the variance with conditions. In October 2006 after a public hearing by the City Commission, a number of changes in the design were made and the item was again presented to the City Commission on February 20, 2007. The Commission approved the variance with two conditions by adopting Resolution No. 19 -07 -12404 (attached), however, a variance approval will lapse after one year if no building permit has been applied for. BACKGROUND The subject parcel is a non - conforming property and any new construction must meet the zoning standards for the "RO" Residential Office Zoning. district. Development of the property is prohibited because the lot area of the parcel is 7,003 sq. ft. which is below the minimum required -lot size of 7,500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75 feet for the RO zoning district (LDC Section 20- 3.5G). The applicant in a hardship letter claims that the substandard size of the. property prohibits the use of the property. Yariance -7641 SW 62 Ave.. March 31, 2009 Page 2 of 4 APPLICABLE REGULATIONS (See ATTACHMENTS) • Land Development Code Section 20- 3.5(G) Dimensional Requirements • Land Development Code Section 20 -5.9 Variance Approvals STAFF OBSERVATIONS (a) The applicant is proposing to build a one, story dental office building with 1,200 square feet of office space. The required six off- -street parking spaces are located as follows: five on -site spaces in a parking area in front of the building; one on- street space located abutting the site. The F.A.R. will be 0.17 (0.30 is permitted). (b) The subject site is surrounded by the following properties and zoning districts: office buildings to the north and south (RO zoning district); a residence to the east (RS -3 zoning district); and a commercial shopping center across SW 62 Avenue to the west (GR zoning district). (c) In June 2008 the City Commission amended the Land Development Code to add specific criteria for judging variance requests. LDC Section 20 -5.9 (IT) now requires that all variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property, The requested lot area /frontage variance is necessary to use the property. 2. Denial of the variance would result in .hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The property was a non - conforming platted lot prior to its purchase by the current owner. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the lot area variance is the smallest possible and the only one necessary to allow for the reasonable use of the property. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The approval of the variance will allow a vacant property to be used and for the City to receive property tax and other revenues. In addition the proposed use is the type of use contemplated for the RO zoning district and will be compatible Yariance -7641 SW 62 Ave.. March 31, 2009 Page 3 of 4 City to receive property tax and other revenues. In addition the proposed use is the type of use contemplated for the RO zoning district and will be compatible with the abutting and surrounding properties. These objectives are consistent with the stated objectives of the Land Development Code. The variance requested will have no impact on surrounding properties. RECOMMENDATION It is recommended that the Board recommend approval of the lot size / frontage variance with the following condition: that the applicant must construct, in accordance with the standards of the South Miami Public Works Department, one on- street parking space in front of the proposed building. Attachments: Application Location Map Letter oflntent Letter of Hardship LDC Section 20-3.5(G) LDC Section 20 -5.9 Resolution No. 19 -07 -12404 Copy of Public Notices Survey Site Plan TJV /SAY X:\PB\PB Agendas StaffReports\2009 Agendas Staff Reports\3- 31- 09\PB -09 -006 Variances 7641 SW 62 Ave.doc U ��INCORPORA-rED 1927 O RIV CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 31, 2009 City Commission Chambers 7:30 P.M. EXCERPT ERPT I. Call to Order and the Pledge of Allegiance .to the Flag Action: The meeting was called to order at 7:47 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Cruz, Ms. Yates and Ms. Chael. Absent: Mr. Comendeiro and Mr. Farfan City staff present: Mr. Thomas J. Vageline (Planning Director), Sanford A. Youkilis (Planning Consultant), Lourdes Cabrera - Hernandez (Principal Planner), Ms. Maria Stout - Tate (Administrative Assistant) and Alerik Barrios (Assistant). IV. Planning Board Applications/Public Hearings PB -09 -006 Applicant: V & B Property of Miami, Inc. Location: 7641 SW 62 Ave. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7,003 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 7,50 .0 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A ONE STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE. Action: Mr. Morton read the item into the record. Planning Board Meeting March 31, 2009 Page 2 of 3 Mr. Youkilis advised that the applicant is requesting a variance for a non - conforming property that is required to meet the zoning standards for the "RO" Residential Office Zoning district. In order to construct a one story office building it requires the approval of a lot size (includes frontage) variance. The applicant/owner applied for a similar variance in 2006 that proposed a different design that included two stories, 1,400 square footage, and contains parking underneath the building. The Planning Board at its September 25, 2006 meeting recommended approval of the variance with conditions. The City Commission at it's February 20, 2007 meeting approved the variance with two conditions by adopting Resolution No. 19- 07- 12404. However, the variance approval did lapse after one year because no building permit was applied for. The proposal requires the same variance for lot area, frontage. The required parking spaces are located as follows: five on -site spaces in a parking area in front of the building; one on- street space located abutting the site. The F.A.R. will be 0.17 (0.30 is permitted). In June 2008 the City Commission amended the Land Development Code to add LDC Section 20 -5.9 (H) which sets forth specific criteria for judging variance requests. Staff recommended approval . of the lot size / frontage variance with the following condition: that the applicant must construct, in accordance with the standards of the South Miami Public Works Department, one on- street parking space in front of the proposed building. Mr. Morton questioned if the applicant is going to improve the ten (10) foot parkway in front of the business and if one parking space is going to be constructed or a whole strip. Mr. Youkilis replied that one of the proposed conditions by staff is that the applicant must construct in accordance with the standards of South Miami Public Works Department, one parking space on- street. Ms. Young questioned if there are meters for the street parking. Mr. Youkilis replied that the code states that the City Manager may direct that a meter be installed. Ms. Yates commented that there are no parking meters as of this moment. Mr. Morton commented that there are similar size lots that are landlocked. Mr. Cruz questioned if the applicant needs approval from surrounding properties. Mr. Youkilis responded that the applicant does not need a sign off. He further explained that a notice of public hearing is provided to surrounding properties so that if they have any questions or concerns they can come to the open hearing. Mr. Youkilis commented that when an applicant applies for the Use they need to submit signatures of twenty (20) percent of the property owners in a five hundred (500)foot circle that they are aware that an application has been filed or they could mail a notice to fifty percent of the property owners stating that they are applying for an application. Chairman opened the public hearing. Planning Board Meeting March 31, 2009 Page 3 of 3 Speakers: NAME ADDRESS SUPPORT /OPPOSE Erik Bellon 870 San Pedro Ave Support Mr. Bellon representing the owner, commented that the project is going to be a Florida vernacular structure that will look like a single family home with a limited number of . employees and will have some elements of LEED Certified green construction and native vegetation. Mr. Cruz questioned how the rain water harvesting works. The applicant responded that there is a cistern and that when the rain water falls on the roof it will flow down into the cistern and will be pumped and used later for irrigation purposes. Ms. Chael complimented the applicant on green certified construction. Ms. Chael questioned if the concrete paving has a pervious surface. The applicant responded that asphalt will not be used; he is open to suggestions and the cost has been kept in mind. Ms. Chael recommended pervious concrete since it will not lose esthetic value or run off water. Ms. Young questioned the proposed completion date. The applicant replied eight (8) months to a year. Chairman closed the public hearing. Motion: Ms. Young moved to approve the application with Staff s conditions. Mr. Cruz seconded. Vote: 5 Ayes 0 Nay XAComm Items\2009 \4- 21- 09\Excerpt Variance PBminutes 03.31.09.doc RESOLUTIONNO. 19 -07 -12404 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) "OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 7003 SQUARE FEET WHERE A MENDIUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; ON PROPERTY LOCATED AT, 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Application No. PB =05 -024 was submitted to the Planning Board by the applicant, V & B Property of Miami, Inc., said application requesting approval of the following variance: variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area of a building site to be 7,003 square feet, where a minimum'of 7,500 feet is required and 50 feet of frontage where 75 feet is required; all on property within an "RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue, South Miami, Florida; and WHEREAS, the applicant wishes to develop the property with a new two story mixed use building, and; , WHEREAS; in order to develop the property as proposed the requested variance is required and; WHEREAS, the approval of a variance requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, on September 25, 2006 the Planning Board, after public hearing, voted 5 ayes 2 nays to recommend approval with conditions of the variance requested; and WHEREAS, the applicant has submitted revised plans for the development (dated January 22, 2007) thereby adjusting the application to eliminate a second variance request related to perimeter landscaping, and limiting the application to a request for a lot size (includes frontage) variance only, and WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the recommendation of the Planning Board. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH A11ANII, FLORIDA THAT: Section 1. That the subject application submitted by V & B Property of Miami, Inc., requesting approval a. variance from Section 20 -3.5 (G) of the Land Development Code to allow the net area of a building site to be 7,003 square feet, where a minimum of 7,500.feet is required and 50 feet of frontage where 75 feet is required; all on property within an "RO" Residential Office Zoning use district, specifically located at 7641 SW 62 Avenue, South Miami, Florida is hereby approved with the following condition: (1) that a three foot high fence and bushes be installed on the north property line, as shown on the graphics part of the submitted plans, (2) that the applicant must Res. No. 19 -07 -12404 (2) construct, in accordance with the standards of the South Miami Public Works Department, one on- street parking space in front of the proposed building. Section 2'. The approval of the requested variance includes Exhibit A, Development and Site Plan for the V & B Office Building prepared by N25 Architecture Co. (dated January 22, 2007) which is attached and incorporated herein. Section 3. That the approval of the subject variances are based upon the following findings: a) The requested lot size /frontage variance is necessary because the property cannot be developed without a variance which constitutes a hardship; b) The variance requested would have minimal impact on surrounding properties; C) The variance requested is a unique situation that would not be applicable to any other properties in the immediate vicinity. Section 4. This resolution shall be effective immediately after the adoption hereof. lt PASSED AND ADOPTED thisL, day of ;� , 2007 h,TTEST: / 1 �, ITY CLERK READ AND APPROVED AS TO FORM: CI ORNEY P: \Comm Items\2007\2- 6- 07\PB -06- 024 7641 SW 62 Resol.doc &I, / \.V_ / /\ _ Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts- Cooper: Commissioner Beckman: 4 -1 Yea Yea Nay Yea Yea 5582 N.W. 7TH STREET, SUITE 202 MIAMI, FL 77126 SURVEY NO 3- 0008567 -6 TELO(705) 264 -2660 No �a Surveyors, / s, TM c• FAX: (305) 264.0229 , DRAWN BY: N.G. LAND SURVEYORS SHEETNO OF 2 SURVEY OF LOT 6, BLOCK 3, OF MAP OF LARKIN PINES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. PROPERTY ADDRESS: 7641 SW 62 AVE, MIAMI, FL 33143 FOR: LUIS VELIS ' LOCATION SKETCH Scale 1" = NT.S. z za n 3 2.2 4 SUBJECT"' -_ PROPERTY Iffin W NE / /mm" �* S CERTIFIED TO: LUIS VELIS 3 -7 IB N0 17T c • : STATE W` II,- � E "WWI Jt �I • 14NO auaj60 SURVEYOR'S SEAL S 8 1� 10 IS • ABBREVIATION AND MEANING LEGEND TYPICAL A = ARC FNIP. = FEDERAL NATIONAL INSURANCE RAD. = RADIUS OF RADIAL -6H- OVERHEAD UTILITY LINES A/C = AIR CONDITIONER PAD PROGRAM RGE. = RANGE A.E = ANCHOR EASEMENT INAEG. = INGRESS AND EGRESS R.P. a RADIUS POINT 2== C.B.S. - WALL (CBWI AIR = ALUMINIUM ROOF EASEMENT R.O.E. = ROOF OVERHANG A/S = ALUMINIUM SHED LF.E = LOWEST FLOOR ELEVATION EASEMENT - C.L.F. - CHAIN LINK FENCE ASPH. = ASPHALT LM.E -LAKE MAINTENANCE EASEMENT RAN - RIGHT -OF -WAY B.C. = BLOCK CORNER L.P. = LIGHT POLE SEC. = SECTION -do- I.F. =IRON FENCE B.C.R. = BROWARD COUNTY RECORDS M. = MEASURED DISTANCE S.I.P. = SET IRON PIPE L.B. #6044 +'t-n• W,F, • WOOD FENCE 8.1% - BENCH MARK M H = MANHOLE SWK = SIDEWALK 8.0.8. = BASIS OF BEARINGS N.AP. = NOT A PART OF T c TANGENT • 0.80 - EXISTING ELEVATIONS C = CALCULATED NGVD = NATIONAL GEODETIC VERTICAL TWP = TOWNSHIP C.B. = CATCH BASIN DATUM U.F = UTILITY EASEMENT C.B.W. = CONCRETE BLOCK WALL N.T.S. = NOT TO SCALE U.P. = UTILITY POLE SURVEYOR'S NOTES CH = CHORD O:H.L = OVERHEAD UTILITY LINES W.M. = WATER METER CH.B. = CHORD BEARING O.R.B. = OFFICIAL RECORD BOOK W.R. = WOOD ROOF i) IF SHOWN, BEARINGS ARE REFERRED TO AN ASSUMED CL = CLEAR 015 = OFFSET W.S. = WOOD SHED MERIDIAN, BY SAID PLAT IN THE DESCRIPTION THE C.L.F. = CHAIN LINK FENCE OVH. = OVERHANG PROPERTY. IF NOT, THEN BEARINGS ARE REFW.BED TO C.M.E. = CANAL MAINTENANCE P.B. = PLAT BOOK k = ANGLE COUNTY, TOWNSHIP MAPS. - EASEMENTS P.C. = POINT OF CURVE p =CENTRAL ANGLE 2) THIS IS A SPECIFIC PURPOSE SURVEY. . CONC. = CONCRETE P.C.L. = POINT OF COMPOUND CURVE 3) THE CLOSURE IN THE BOUNDARY SURVEY IS ABOVE C.P. = CONCRETE PORCH PL = PLANTER 4 =CENTER LINE 1:7500 FT. 4) IF SHOWN, ELEVATIONS ARE REFERRED TO C.S. = CONCRETE SLAB P. = PROFESSIONAL LAND =MONUMENT LINE D:E. = DRAINAGE EASEMENT SURVEYOR MIAMFOADE COUNTY. D.M.E. = DRAINAGE MAINTENANCE P.O.B.. = POINT OF BEGINNING ALL ELEVATIONS SHOWN ARE REFERRED TO EASEMENTS P.O.C., =POINT OF COMMENCEMENT NATIONAL GEODETIC VERTICAL DATUM OF 1929 DRIVE = DRIVEWAY P.P. = POWER POLE MIAMI DADE COUNTY BENCH MARK NO. SOUTH ENCR. = ENCROACHMENT P.P.S.. = POOL PUMP SLAB MIAMI E.T.P. = ELECTRIC TRANSFORMER PAD P.R.C. = POINT OF REVERSE CURVE LOCATOR NO. 4005 SW F.F.E. = FINISHED FLOOR ELEVATION PRM = PERMANENT REFERENCE ELEVATION 13.31 FEET OF N.G.V.D. OF 1929 F.H. - FIRE HYDRANT MONUMENT FAR =FOUND IRON PIPE PT.= POINT OF TANGENCY F.I.R. = FOUND IRON ROD PVMT. = PAVEMENT SURVEYOR'S CERTIFICATION F.N. = FOUND NAIL PWY = PARKWAY I HEREBY CERTIFY: THAT THIS "BOUNDARY SURVEY" OF F.N.D. = FOUND NAIL 6 DISK R = RECORD DISTANCE THE PROPERTY DESCRIBED HEREON, AS RECENTLY SURVEYED AND DRAWN UNDER MY SUPERVISION, LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY f "SURVEY"1: COMPLIES WATH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF THERE MAY BE EASEMENTS RECORDED IN THE PUBLIC RECORDS NOT SHOWN ON THIS SURVEY. . PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472027, FLORIDA STATUTES. ' EXAMINATIONS OF THE ABSTRACT OF TITLE HALL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY, AFFECTING THE PROPERTY. THIS SURVEY IS SUBJECT TO DEDICATIONS, LIMITATIONS, RESTRICTIONS, RESERVATIONS OR EASEMENTS OF RECORD, AND LEGAL DESCRIPTIONS PROVIDED BY CLIENT OR ATTESTING TITLE COMPANY. - BOUNDARY SURVEY MEANS A DRAWING AND/ OR A GRAPHIC REPRESENTATION OF THE SURVEY WORK PERFORMED IN - THE FIELD, COULD BE DRAWN AT A SHOWN SCALE AND /OR NOT TO SCALE .23-09 EASEMENTS AS SHOWN ARE PER PLAT BOOK, UNLESS OTHERWISE SHOWN. BY: - THE TERM "ENCROACHMENT' MEANS VISIBLE AND ABOVE GROUND ENCROACHMENTS. RA ( A E I LD WO K - ARCHITECTS'SHALL VERIFY ZONING REGULATIONS, RESTRICTIONS AND SETBACKS, AND THEY WILL BE RESPONSIBLE - FOR SUBMITTING PLOT PLANS WITH THE CORRECT INFORMATION FOR THEIR APPROVAL FOR AUTHORIZATION TO AUTHORITIES IN NEW CONSTRUCTIONS, UNLESS OTHERWISE NOTED. THIS FIRM HAS NOT ATTEMPTED TO LOCATE PROFESSIONAL LAND SURVEYOR NO. 6437 FOOTING AND /OR FOUNDATIONS. STATE OF FLORIDA (VALID COPIES OF THIS SURVEY WILL FENCE OWNERSHIP NOT DETERMINED. BEAR THE EMBOSSED SEAL OF THE ATTESTING LAND - THIS PLAN OF SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF THE ENTITIES NAMED. SURVEYOR). - HEREON, THE CERTIFICATE DOES NOT EXTEND TO ANY UNNAMED PARTY. - THE SURVEYOR MAKES NO GUARANTEES AS TO THE ACCURACY OF THE INFORMATION BELOW. THE LOCAL F,E.M.A - AGENT SHOULD BE CONTACTED FOR VERIFICATION. THE FNIP FLOOD MAPS HAVE DESIGNATED THE HEREIN DESCRIBED REVISED ON: LAND TO BE SITUATED IN ZONE X COMMUNITY /PANEL/SUFFIX: 120650 0276 J DATE OF FIRM: 0711711995 BASE FLOOD ELEVATION:. CERTIFIED TO: LUIS VELIS N ERT G. IBH ' .00�µTi FIC1yR'P IIIF� N0 17T c • : STATE W` II,- � E "WWI Jt �I • 14NO auaj60 SURVEYOR'S SEAL S 5582 N. W. 7th STREET SUITE 202 SURVEY No. 3- 0008567.6 MIAMI, FLORIDA 33126 �}� T * * A N� J TELEPHONE: (305) 264 -2660 lJ V C' li V i 1 FAX: (305) 264 -0229 LAND SURVEYORS sNEETNo. z of z DRAWN BY.' NG - BOUNDARY SURVEY SCALE = 1 - =20' BC F.I.P 1/2" NO CAP '; 312.48` r RIP 1/' NO CAP _ a LOT -7 c BLOCK -3 a 0 V LOT-5 BLOCK -3 A BC RIP 1/2" NO CAP 11-.55 * 1200 1ue L RIP 1/2" 11s� — NO CAP 9P-30-29- 89 °29'31j' 6' C.B.W. — 50.00' 8'W.F. LOT -18 LOT -19 ^ LOT -20 BLOCK-3 I BLOCK -3 I BLOCK -3 TREE LEGEND` No. NAME HIGH SPREAD B. OLIV R 2• B. OLIVO ROYAL PALM . q URVEYOR S NOTE: there may be Easements recorded in the Public Records not shown on this Survey. DUM1 TIWT,sLAH 729IMUS 3:38:49 PM EST BC RIP 1/2" NO CAP MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 6/16/09 in the XXXX Court, was published in said newspaper in the issues of 06/05/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adv rtisemen r publication in the said newspaper. Sworn to and subscribed before me this 05 day of JUNE , A.D. 2009 (SEAL) V. PEREZ personally known to me `.qy N`y�. Notary Putt Ic S'tate of Florida ?° < Cheryl H. Marmer My Commission 0093490 Expires 0711812012 9927 A• C0 it ... •:',1. JQ.Li.��=�ix -.�,�j p?�_ :A 4! rt,�r �,''a.Q iA' - ".N� -ter• -CITY OF.SOU,TH MAMI_ ;.y - ". NOTICE OF -PUBO :HEARING '- NOTICE IS HEREBY=given that th6',City Commission of the City of Sou tht Miami;. Florida will conduct Public Hearings •at its regular..City; Commission meeting scheduled for Tuesday, June -16, 2009 beginning at 7:30 p.m.. in the City Commission Chambers; 6130 Sunset Drive, to consider ttie following item(s): i�-ii a."s'.`Li L`:la•.:li' '_�s.1! ='ii =: _ . 0_. ^� i_l� !t'e: ' ett, � Seco'ind'Readina: AN •ORDINANCE OF-_ ' AND- 'CITY-.. COMMISSION OF.;THE CITY'OF'SOUTH,MIAMI; FLORIDA J.r:• -AMENDING CHAPTER ?7. OF -THE SOUTH.. MIAMI CODE OF . ORDINANCES - *. -BY- °ADDING ;" SECTION•;• 7 -5' , �. "NEIGHBORHOOD`. STABILIZATION , =PROGRAM (NSq PROVIDING;; SEVERABILITY.;�- 'ORDINANCEStYIN d.i, CONFLICT AND AN LEFT •F�EtC-TIVE DATE.+j Resolution r` r� P tIA�RESOLUTION1OFTHE- �IJIAYOR'& CITI,COMMISSIONI I = i,IubF THE`CITY OF SOOT H,MIAMI fL*ORIDA;, RELATING TO y i kREQUESTrORAVARIANCE- FROM,SEC.TION20- 3.8(G),7 -FI r. "trOF cTHEiLAND. DEVELOPMENTg;CODE,A6',. LLOW THE; " LOT. SIZE:OF'A,BUlLDIN& SITE -TO BE 7,003 _SQUARE - FEET WHERE'.A MINIMUM •LOT• SIZE -OF 7,500.SQUARE ' FEET ,'.IS:,,REQUIRED- ;AND_450„FEET- OE.�,FRONTAGE j { .Ti.• .- .� a5 l .A.. �WHEFiExr75tFEET IS ,FiEQIJIRED ON' -.-PR 'LOCATE AT` 7641 «, SW' ;62''A�%ENUE, '$OU 1 H MIAML -*FLORIDA.,,, WITHIN';,THE °RO" .,RESIDENTIAL . OFFICE' i'- 1ZONINGI USE DISTRICT;`, THE , PURPOSE ' OF THE #' t'. " ^' VARIANCE'S; TO,' PERNIITrTHEi`CONSTRUCTIONrOF 4A; #: OWE, STORY .OFFICE'SUILDING;_AND"PROVIDING FOR. -g t ;: AN EFFECTIVE DATE: r _ LI interested parties are invited to attend and will be heard... ` + For further, information,. please contact the City 'Clerk's Office at.' 305- 663 - 6340.' ` ' . Maria M: Menendez; CMC City Clerk'. :srt -r- r+, �wrnwul�.. �tioa� ..s.�u- jv�hrnts�.�.^�- +-•�: .. r+�.� -„ Kt.v,�:�i Pursuahtatp FJohi 'Statutes 286.0105 .the Ctty hereby edwses..the ubhc;ttiat i #�a_pe U decides foTappeal;_any decistontmade;by this board; ;Agency or9Corrimission with Fespecf td any rnatfer,considered ati its meeting or heanng,'he or she will need's record of the'proceedings,' and .that for such•purpose, affected person may need to ensure. that a yerbatirri "''record `of,the,proceedirigs is, ,made; which- x6cord includes. the testinionyand evidence upon *hich ttieappeal is to tie based: =. rt: ? 1 6/5 09- 3c11.4/1244244M CITY OF SOUTH MIAMI:.. COURTESY: NOTICE• - NOTICE IS HEREBY -given that the; City,*Cornrfiissiqrl of -the, City of South Miami, Florida will -conduct Public Hearings at its'reg - ular.. City - Commissidn meeting scheduled ' -,for,,Touesdayj1Jufli -2009 begiqrtin'g . i 'on bhimbdrs`.61_30'!3uns_�6t Drive, t6 -'at 7:30 p.m. in ftWCitY`60mmlssl consider the following item(s) 3�_ AN ORDINANCE AMEN*DING.CHAPTER- .7 OF THE SOUTH . MIAMI CODE OF'bRDINAWCEEb-BY-*'ADDING SECTION "NEIGHBORHOOD STABILIZATION PROGRAM (NSP,).= A RESOLUTION RELATING, TO , A REQUEST_ 'FOR '�)' OF -- TH L -'LA'N A D� VARIANCE' 'Flzl6m�-SECTIOW'20-3.5(t- DEVELOPMENT CODE TO -'ALLOW. THE. LOT. SIZE'OF A BUILDING SITE TO- BE 7,003,SQUAAEiPEET­ WHERE A MINIMUM LOT. SIZE'OF­7 500 -SQUARE FEET. IS -REQUIRED ..AND _50-�f9ET-­ 6F %FF16NTAGE.- WHERE -75 FEET IS REOUIRED;..QN PROPERTY.-LOdA:TED.W 7641 SW 62 : AVENUE,-SOUTH MIAMI.FLORIDA, WITHIN.�ol: THE "RO�! RESIDENTIAL OFFICE ZONING USE-DISTRICT;; THE PURPOSE OF THE VARIANCE [S.•0 -PERMIT, THE. CONSTRUCTION OF AONE.STORY OFFICE BUILDING. For further information,•Olease c6ntkt - jh�ddftv blePk's 16ffiibe., -at (305) 663-6340. .ALL interested parties are invited to attend andwill be ,heard "Maria. M.- Menendez,CMC. -City P!brk .Pursuant to Fldrlda'statutes 286.0105,, the City hereby "advises the public that if a person o at respect .decides to appeal any decision made by this Board, Agency or Commission With. to any matter considered at its meeting or_ hearing, he -or, she will need 0 �d 0 'the proceedings, and that for such purpose, affected pZon may need to' entXw'a ' "arbat'm record of the proceedings is made whidfi record includes t6 testirniony and evideh-ce"06n which the appeal is to be based. •] iYI�Y�a l i i I