02-19-08 Item 8South Miami
N14meficaClly
CITY OF SOUTH MIAMI 11111f
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Julian Perez, Planning Direct r • .
Date: February 19, 2008 ITEM NO.
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA RELATING TO A REQUEST TO EXTEND FOR A ONE YEAR PERIOD TWO VARIANCES
FROM THE LAND DEVELOPMENT CODE WHICH WERE APPROVED BY RESOLUTION NO. 168-
07 -12553 ON OCTOBER 2, 2007 FOR A SINGLE FAMILY RESIDENCE LOCATED AT 6202 MILLER
ROAD WITHIN AN RS- 3(HP -OV), RESIDENTIAL SINGLE FAMILY (HISTORIC PRESERVATION
OVERLAY) ZONING DISTRICT (CAMBRIDGE LAWNS HISTORIC DISTRICT); THE PURPOSE OF
THE VARIANCES WERE TO PERMIT EXTERIOR RENOVATION AND EXPANSION OF SECOND
FLOOR; THE TWO VARIANCES APPROVED WERE TO: (1) GRANT A VARIANCE FROM SECTION
20- 3.5(E) TO ALLOW FOR LOT COVERAGE TO BE 33% WHERE A MAXIMUM 30% IS
PERMITTED; (2) GRANT A VARIANCE FROM SECTION 20- 3.5(E) TO ALLOW A SIDE STREET
SETBACK OF 7 FEET ON THE FIRST FLOOR AND 13 FEET ON THE SECOND FLOOR WHERE 15
FEET IS REQUIRED FOR BOTH FIRST AND SECOND FLOORS; PROVIDING AN EFFECTIVE
DATE.
Request: The City Commission at its October 2, 2008 meeting approved Resolution No. 168 -07 -12553
which granted the applicant Abisola Dubey, two variances (building site lot coverage and side street setback) to
allow for the renovation and expansion of a single family home located at 6202 Miller Road, in the Cambridge
Lawns Historic District. The variances apply to both the first and second floors.-
The Land Development Code (Section 20 -5.9) provides that approved variances shall lapse after six (6) months if
no substantial construction has occurred unless extended by the City Commission. The variances approved by the
City will lapse on April 2, 2008. There has been no substantial construction on site to date due to the owner's
inability to secure the necessary financing to undertake the project.
On February 6, 2008, the applicant submitted a letter to the City's Planning Department requesting a one year
extension to the existing variances. The new deadline if approved by the City Commission will be April 2, 2009.
The applicant indicated that the reason for the extension is their inability to secure the necessary financing to do the
renovation work. The applicant also pointed out that the original financing options were lost because the approval
process took a long time to complete.
Recommendation:
It is recommended that the requested extension of the variance be approved.
Backup Documentation:
Draft Resolution; Letter from applicant's representative dated February 6, 2008;Resolution No. 168-07-12553; Public Notices
JP /SAY
X-• Comm Items 120W2-19-0& Variance extension 6202 Miller Rd CM report.doc
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2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
5 MIAMI, FLORIDA RELATING TO A REQUEST TO EXTEND FOR A ONE YEAR
6 PERIOD TWO VARIANCES FROM THE LAND DEVELOPMENT CODE WHICH WERE
7 APPROVED BY RESOLUTION NO. 168 -07 -12553 ON OCTOBER 2, 2007 FOR A
8 SINGLE FAMILY RESIDENCE LOCATED AT 6202 MILLER ROAD WITHIN AN RS-
9 3(HP -OV), RESIDENTIAL SINGLE FAMILY (HISTORIC PRESERVATION OVERLAY)
10 ZONING DISTRICT (CAMBRIDGE LAWNS HISTORIC DISTRICT); THE PURPOSE OF
11 THE VARIANCES WERE TO PERMIT EXTERIOR RENOVATION AND EXPANSION
12 OF SECOND FLOOR; THE TWO VARIANCES APPROVED WERE TO: (1) GRANT A
13 VARIANCE FROM SECTION 20- 3.5(E) TO ALLOW FOR LOT COVERAGE TO BE 33%
14 WHERE A MAXIMUM 30% IS PERMITTED; (2) GRANT A VARIANCE FROM SECTION
15 20- 3.5(E) TO ALLOW A SIDE STREET SETBACK OF 7 FEET ON THE FIRST FLOOR
16 AND 13 FEET ON THE SECOND FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH
17 FIRST AND SECOND FLOORS; PROVIDING AN EFFECTIVE DATE.
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19 WHEREAS, Application No. HPB -07 -001 was submitted to the Historic Preservation
20 Board by Abisola Dubey, said application requesting approval of a certificate of
21 appropriateness and two variances from Section 20- 3.5(E) of the Land Development Code to
22 allow a lot coverage of 33% where a maximum of 30% is permitted and a variance to allow
23 side street setback of seven feet on the first floor and 13 feet on the second floor where 15
24 feet is required for both the first and second floors all on property within an "RS -3 Zoning
25 District, specifically located at the 6202 Miller Road, South Miami Florida; and
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27 WHEREAS, the applicant's plans are to renovate and expand a single family home
28 located in the Cambridge Lawns Historic District; and
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30 WHEREAS, on August 27, 2007, the Historic Preservation Board, after public
31 hearing, voted 4 ayes 0 nay to recommend approval of a certificate of appropriateness and
32 the two requested variances; and
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34 WHEREAS, the City Commission of the City of South Miami at its October 2, 2007
35 meeting approved the certificate of appropriateness and the two requested variances by
36 adopting Resolution No. 168 -07- 12553; and.
37
38 WHEREAS, Section 20 -5.9 of the Land Development Code provides that approved
39 variances shall lapse after six (6) months if no substantial construction has occurred unless
40 the City Commission extends an approved for variance beyond the six month period; and
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42 WHEREAS, pursuant to Section 20 -5.9 the applicants two variances will expire on
43 April 2, 2008; and
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45 WHEREAS, the applicant in a letter to the Planning Department, dated February 6,
46 2008, explained the reasons for requesting the one year extension to the existing variances.
47 The applicant also indicated that the length of time to complete the approval process led to
48 their inability to secure the initial financing option available to them during the early stage
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of the approval process.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The lot coverage variance and the side street setback variance submitted by
Abisola Dubey. and approved by City Commission Resolution No. 168 -07 -12553 adopted
on October 2, 2007 for property located at the 6202 Miller Road, South Miami Florida, is
hereby extended until April 2, 2009, which is one year after the date on which the subject
variances will expire.
Section 2. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2008
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
X: \Comm Items\2008\2 -19 -08 \Variance Extension 6202 Miller Rd Resol.doc
2
JOHN & ABISOLA DUBEY
To: Julian Perez
The Planning Director
The City of South Miami Planning Department
Date: February, 6 2008
RE: Dubey Residence
6202 S.W. 56TH Street
South Miami, Florida
Application for a 1 Year Extension of Approved Variances for 6206 SW 56 Street
Dear Mr. Perez,
On October 2, 2007 the City Commission approved our request for the following variances -
East side setback of 7 feet where 15 is permitted, and second story setback of 13 feet
where 15 allowed, floor coverage of 33.6% where 30% is permitted.
Because the approval process took just less than full a year, we missed the financing
opportunity that was then available to us. We lost out on all of the financing options which we
had worked so hard to secure due to the current crisis in the housing /mortgage industry. We
therefore are unable to begin the rehabilitation and construction within the 6 months time frame
permitted by the City. Under the circumstances, therefore, we are exceptionally requesting
approval of an additional 12- months extension of these variances to provide us ample time to
prepare for construction.
We wish to thank you most sincerely for alerting us about imminent expiration of these
variances; we congratulate you on taking this affirmative citizen - interest action in order to
inform and serve.
Thank you in advance for your expedient consideration.
Faithfully,
John & Abisola Dubey
1 of 1 6202 Miller Drive — Owners: John & Abisola DUBEY
RESOLUTION NO. 168 -07 -12553
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 5.19(E)(3)
REQUESTING THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS FOR A
SINGLE FAMILY RESIDENCE LOCATED AT 6202 MILLER ROAD WITHIN AN RS -3(HP-
OV), RESIDENTIAL SINGLE FAMILY (HISTORIC PRESERVATION OVERLAY) ZONING
DISTRICT (CAMBRIDGE LAWNS HISTORIC DISTRICT) IN ORDER TO PERMIT
EXTERIOR RENOVATION AND EXPANSION OF SECOND FLOOR; AND PURSUANT TO
SECTION 20- 4.11(D) IN CONJUNCTION WITH THE CERTIFICATE OF
APPROPRIATENESS A REQUEST TO: (1) GRANT A VARIANCE FROM SECTION 20- 3.5(E)
TO ALLOW FOR LOT COVERAGE TO BE 33% WHERE A MAXIMUM 30% IS
PERMITTED; (2) GRANT. A VARIANCE FROM SECTION 20- 3.5(E) TO ALLOW A SIDE
STREET SETBACK OF 7 FEET ON THE FIRST FLOOR AND 13 FEET ON THE SECOND
FLOOR WHERE 15 FEET IS REQUIRED FOR BOTH FIRST AND SECOND FLOORS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, applicant Abisola Dubey has submitted Historic Preservation Board Application
No. BFB -07 -001 requesting a Certificate of Appropriateness approving a renovation plan for a
residential single family home at 6202 Miller Road which property is within the Cambridge Lawns
Historic District which is an "HP -0V" Historic Preservation Overlay Zone; and
WHEREAS, pursuant to Section 20- 5 -19(E) (3) of the Land Development Code, a "Certificate
of Appropriateness" is required for applications affecting the exterior (renovation, repair, painting,
demolition or landscaping); and
WHEREAS, pursuant to Section 20A.11(D) of the Land Development Code, variances for
designated historic sites which are associated with the issuance of certificates of appropriateness shall be
reviewed and recommended upon by the Historic Preservation Board prior to final approval by the City
Commission: and
WHEREAS, Section 20- 4.11(D)(4) of the Land Development Code also provides that a variance
request associated with a Certificate of Appropriateness does not require a finding of hardship; and
WHEREAS, Section 20- 5.19(E)(3) of the South Miami Land Development Code requires the
City Commission to conduct a public hearing on certificates of appropriateness and to approve, deny,
approve in modified form, or defer a subject application; and
WHEREAS, the Historic Preservation Board at its August 27, 2007 meeting adopted a motion
by a vote of 4 ayes 0 nays recommending approval with certain design modifications and a condition
of a Certificate of Appropriateness application and two variances for the renovation of a residential
single family home -at 6202 Miller Road ; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Historic Preservation Board.
Res. No. 168 -07 -12553
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The Certificate of Appropriateness application and the following two variances: (1) a
variance from .Section 20- 3.5(e) to allow for lot coverage to be 33% where a maximum 30% is
permitted; and (2) a variance from Section 20- 3.5(e) to allow a side street setback of 7 feet where 15 feet
is required for the first floor and a side street setback of 13 feet where 15 feet is required for the second
floor; all needed for the renovation of a residential single family home at 6202 Miller Road as shown on
plans entitled Site Plans dated 8- 30 -07, are hereby approved with the following conditions:
(1) the applicant must install in a visible location at the front of home a City provided historic plaque
at the completion of the renovation work and prior to the issuance the certificate of occupancy;
(2) Final architectural plans for the renovation work shall be submitted to the Environmental
Review and Preservation Board for review and comment on architectural competency.
Section 2. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this oo day of 2007
,
ATTEST:
READ AND APPROVED AS TO FORM:
PAComm Items1200719- 18- 071COA 6202 Miller Rd Resol.doc
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APPROVED:
A) co
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
4 -1
Yea
Nay
Yea
Yea
Yea