11-03-09 Item 2aSouth Miami
All-America City
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City
Commission
Via: Roger Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: November 3, 2009 ITEM No. 9L
Subiect•
INFORMATIONAL REPORT ON REQUEST TO EXTEND A VARIANCE
APPROVAL FOR A BUILDING SITE AT 7039 SW 61 AVENUE PURSUANT TO
THE PROVISIONS OF SENATE BILL 360.
Background:
A communication dated October 13, 2009 (attached) has been received from Jerry
Proctor, Esq. representing Robelo -Kelly Holdings, Inc., property owner of two vacant
lots at 7039 SW 61 Avenue (northeast corner of SW 71St Street and SW 61St Avenue).
The request is to extend a 2007 variance approved for the property for a period of two
years, which is allowed by Senate Bill 360 Section 14(1). That section provides that upon
request a property owner will be granted a two year extension for any local government -
issued development order (i.e. variance, special use, development agreement) or building
permit. (See attached Section 14 of Senate Bill 360)
The subject property located in an "MO" Medium Density Office zoning use district did
receive a variances in both 2005 and 2007 for frontage and building site size both being
below the dimensional standards for the MO zoning district. The granted variance will
allow the property owner to build a new four story office building and residential units on
the site. The last approval was granted via Resolution No.191 -07 -12576 (attached)
adopted by the City Commission on November 27, 2007. The variance approval would
have expired on November 27, 2008 because the City's Land Development Code
provides that a granted variance will expire in one year if a permit is not applied for.
The new State Law provides that a property owner may request the extension if the
expiration date of a development order falls between September 1, 2008 and January 1,
2012. The applicant's request for a two year extension will be granted extending the
expiration date of November 27, 2008 to November 27, 2010.
Attachments:
Communication from J. Proctor (10- 13 -09)
Section 14, Senate Bill 360
Resolution No. 191 -07 -12576
X.- I Comm Items 12009111- 3- 091Permit Extension 7039 SW 61 Ave CM Report. doc
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