03-18-08 Item 17South Miami
eicac
CITY OF SOUTH MIAMI I [, II
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, Interim City Manager
From: Sanford A. Youkilis, Acting Planning Director 0b,
Date: March 18, 2008
ITEM No
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20 -5.9 ENTITLED
"VARIANCE APPROVALS" IN ORDER TO MODIFY THE CONDITIONS AND TIME PERIOD AFTER
WHICH AN APPROVED VARIANCE SHALL LAPSE; AND PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Background
The Land Development Code (LDC) currently provides that an approved variance must lapse after six months if no
substantial construction or change of use has taken place in accord with the variance granted (Sec. 20- 5.9(A). A
variance approval may be granted an extension by the City Commission if it is applied for prior to the expiration of
the six month period.
Extending the expiration time period was recently discussed at a City Commission meeting and a motion was
adopted requesting the Planning Board to initiate a Land Development Code text amendment that changes the six
month period to a one year period.
In most cases variances obtained for existing structures the six month period is usually enough time for construction
to get underway. However, in cases involving new construction there can be considerable delay in getting
construction plans approved (ERPB, building permits) and approvals from County and State agencies. In fact, one
applicant recently was required to completely re -apply for a variance which had lapsed due to the current expiration
requirement.
Specific Amendment
Based on experience the Planning Department agreed that the expiration period needed to be extended. In addition,
staff recommended that the requirement that a "permit be issued" was not reasonable and should also be modified.
The Planning Board recommended that the six month expiration period be extended to "one year" and the
requirement to obtain a permit be adjusted to read "if no permit is applied for ". It was agreed that this amendment
would be fair to applicants and would avoid a growing number of extension requests. The revised legislation would
read as follows:
"Section 20 -5.9 Variance approvals.
(A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after
n one 1 year if no building permit has been applied for subst ,
" 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
(2)
the one year period."
Planning Board Action
The Planning Board at its January 15, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays recommending
approval of the proposed amendment.
Recommendation
It is recommended that the proposed amendment modifying the expiration time and conditions for
variances be approved.
Backup Documentation:
Draft Ordinance
Planning Department Staff Report, ] -15 -08
Excerpt Planning Board Minutes 1 -15 -08
Public notices
SAY
X: \Comm Items \2008 \3- 18- 08 \LDC Amend Expiration of Variances CM Report.doc
1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
4 SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT
5 CODE SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" IN ORDER TO
6 MODIFY THE CONDITIONS AND TIME PERIOD AFTER WHICH AN APPROVED
7 VARIANCE SHALL LAPSE; AND PROVIDING FOR SEVERABILITY, ORDINANCES
8 IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, Sec. 20 -5.9 of the Land Development Code (LDC) currently provides that
11 an approved variance must lapse after six months if no substantial construction or change of use
12 has taken place in accord with the variance granted, however, a variance approval may be
13 granted an extension by the City Commission if it is applied for prior to the expiration of the six
14 month period; and
15
16 WHEREAS, extending the expiration time period was recently discussed at a City
17 Commission meeting and a motion was adopted requesting the Planning Board to initiate a Land
18 Development Code text amendment that changes the six month period to a one year period.; and
19
20 WHEREAS in cases involving new construction and major renovation there can be
21 considerable delay in getting construction plans approved by the City, the County and State
22 agencies; and
23
24 WHEREAS, The Planning Department recommended that the six month expiration
25 period be extended to "one year ", and the requirement to obtain a permit be adjusted to read "if
26 no permit is applied for "; and
27
28 WHEREAS, the Planning Board at its January 15, 2008 meeting, after a public
29 hearing adopted a motion by the vote of 6 ayes 0 nay recommending approval of a proposed
30 amendment to Sec. 20- 5.9(A) of the Land Development Code; and
31
32 WHEREAS, the City Commission desires to accept the recommendation of the
33 Planning Board and enact the aforesaid amendment.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. That Section 20 -5.9 entitled "Variance approvals" of the City's Land Development
39 Code, is hereby amended to read as follows:
40
41 "Section 20 -5.9 Variance approvals.
42 (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall
43 lapse after one 1 year if no building permit has been applied for
44 in accordance with the request for such variance
45 and if the city commission has not specified a longer approval period for good cause shown.
46
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(2)
(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 one year period."
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this _ day of , 2008
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMNUSSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
(New wording underlined; wording to be removed indicated by strikethrough)
X: \Comm Items\2008\2- 19- 08\L,DC Amend ExpirationVariances Ord.doc
■■
sour South Miami-
All-America City
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INCORPORATED
1927
P
O R V0
2001
To: Honorable Chair and
Planning Board Members
From: Julian Per -
Planning Director
Date: January 15, 2008
Re: LDC Amendment- Expiration
of Variances
PB -07 -032
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION
20- 5.9(A) ENTITLED "EXPIRATION OF VARIANCE APPROVALS" IN ORDER TO EXTEND
THE TEVIE PERIOD AFTER WINCH AN APPROVED VARIANCE SHALL LAPSE IF NO
CONSTRUCTION HAS BEEN INITATED FROM SIX (6) MONTHS TO ONE (1) YEAR;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND
The Land Development Code (LDC) currently provides an approved variance must lapse after six
months if no substantial construction or change of use has taken place in accord with the variance
granted (Sec. 20- 5.9(A). A variance approval may be granted an extension by the City Commission if it
applied for prior to the expiration of the six month period.
In most cases variances obtained for existing structures the six month period is usually enough time for
construction to get underway. However, in cases involving new construction there can be considerable
delay in getting construction plans approved (ERPB, building permits) and approvals from County and
State agencies. In fact one applicant recently was required to completely re -apply for a variance which
had lapsed due to the current expiration period.
Extending the expiration time period was recently discussed at a City Commission meeting and a motion
was adopted requesting the Planning Board to initiate a Land Development Code text amendment that
changes the six month period to a one year period.
REGULATIONS IN OTHER MUNICIPALITIES
The City of Coral Gables Zoning Code provides that a variance is void after 12 months if a building
permit is not issued or if the requested action permitted by the variance has not taken place. A one year
extension may be granted by the Development Review Official (Section 3 -807). The City of Pinecrest
code provides that a permit is void .if the related building permit is not issued. There are no extensions
permitted.
The Miami -Dade Zoning Code provides that a variance not utilized within a three year period may be
terminated by the Board of County Commissioners. Evidence of utilization is the issuance of a building
permit (Sec. 33 -317).
LDC Amendment
January 15, 2008
Page 2 of 3
PLANNING BOARD INITIAL REVIEW
The Board at its December 11, 2007 meeting discussed a staff proposed amendment and then suggested
several alternative wordings. These are as follows:
PLANNING STAFF PROPOSAL
"Section 20 -5.9 Variance approvals.
(A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall
lapse afters one 1 year 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."
PLANNING BOARD PROPOSAL No.]
"Section 20 -5.9 Variance approvals.
(A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall
lapse after one 1 year if no building permit has been applied for
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."
PLANNING BOARD PROPOSAL No.2
"Section 20 -5.9 Variance approvals.
(A) Expiration of Variance Approvals- Commercial A variance for new commercial
construction approved pursuant to Section 20 -5.5 shall lapse after one 1 ear 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) Expiration of Variance Approvals. A variance for all other construction approved
pursuant to Section 20 -5.5 shall lapse after one (1) year 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.
(C) 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."
RECOMMENDATION
It is recommended that the Planning Board Proposal No. 1 be approved.
Attachments:
LDC Section 20 -5.9
Public Notices
JP /SAY
X:\PB\PB Agendas Staff Reports\2008 Agendas Staff Reports \1- 15- 08TB -07 -032 LDC Amend Expiration Variances Revised.doc
20 -5.8 SOUTH MIAMI LAND DEVELOPMENT CODE
(E) Special Use Reapplication. No reapplication for a special use shall be accepted by the
city within twelve (12) months of the date of final disapproval by the city commission of a
previous application for a special use involving the same or substantially the same property, .
unless evidence is submitted to and accepted by the city commission which justifies such
reconsideration.
(F) Application Requirements. An application for a special use shall include:
(1) A property survey by a registered surveyor;
(2) A letter of intent;
(3) A site plan for any nonresidential use showing the information required for site plan
review approval in Section 20 -5.11;
(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. 1
20 -5.9 Variance approvals.
(A) Expiration of Variance Approvals. Avariance 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 and
concurrence with 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.
Errata 112
PROCEDURES AND APPLICATIONS 20 -5.10
(G) Permitted Variance Requests. Applications for variances shall be restricted to only the
following:
(1) Yard setbacks
l
(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
(Ord. No. 11 -90 -1451, 8- 21 -90)
20 -5.10 Administrative waiver approvals.
(A) Authority to Grant Administrative Waiver Approvals.
(1) The city manager shall have the authority to grant "nonuse waiver" requests pursuant
to the guidelines, standards and limitations contained in this section.
(2) A nonuse waiver is defined to mean a discretionary administrati ve action relaxing the
application of minimum lot size (net area), frontage dimensional requirements,
principal building setbacks, building spacing, Building coverage, impervious coverage,
parking requirements, screen enclosure setbacks, swimming pool setbacks, whirlpool
spa setbacks, canopy carport setbacks, and accessory structure setbacks, as contained
within this Code, which have no relation to a change in use of the property or structure
in question.
(B) Guidelines. In granting the waiver and issuing the permit, the city manager shall find:
(1) The waiver will be in harmony with the general appearance and character of the
neighborhood and the entire community.
(2) The waiver will not be injurious to the area involved or otherwise detrimental to the
public welfare.
(3) The proposed addition is designed and arranged on the site in a manner that
minimises aural and visual impact on the adjacent residences while affording the
applicant a reasonable use of the land.
(4) The waiver will be consistent with the City of South Miami's Comprehensive Plan.
Errata 113
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INCORPORATED
1927
RtO
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 15, 2008
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 7:39 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Ms. Beckman, Ms. Young, Ms. Yates, Mr.
Davis and Ms. Chael.
Absent: Mr. Farfan
City staff present: Luis Figueredo (City Attorney), Sanford A. Youkilis (Planning
Consultant), and Lluvia Resendiz (Administrative Assistant)
Absent: Julian H. Perez (Planning Director).
IV. Planning Board Applications I Public Hearing
PB -07 -032
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT
CODE SECTION 20- 5.9(A) ENTITLED "EXPIRATION OF VARIANCE APPROVALS" IN
ORDER TO EXTEND THE TIME PERIOD AFTER WHICH AN APPROVED VARIANCE
SHALL LAPSE IF NO CONSTRUCTION HAS BEEN INITATED FROM SIX (6) MONTHS
TO ONE (1) YEAR; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Morton read the item into the record.
Planning Board Meeting
January 15, 2008 Excerpt
Page 2 of 3
Mr. Youkilis as a point of information, advised that staff took the recommendations made
by the Planning Board at its December 11, 2007 meeting pertaining to the time in which an
ERPB approval would lapse. The Environmental Review and Preservation Board
reviewed the ordinance which incorporated the Planning Board's revised recommendation
and supported the ordinance as presented by a unanimous vote.
Mr. Youkilis explained that the variance item was also discussed at the December 11, 2007
Planning Board meeting. At that time the Board deferred action and requested staff to
bring back revised regulation which included alternate recommendations suggested by
Board members. He then reviewed the staff recommended amendment and two alternate
recommendations made by the Board on December 11. Mr. Youkilis advised that Planning
Board alternate proposal No. 1, which changes the variance extension period to "one year if
no building permit has been applied for," was recommended by staff.
Ms. Beckman stated she would like to leave the language as it is currently. The City
should be operated as a business not as a bureaucracy. Six months is a lot of tax payers'
dollars for the City. She felt that a streamlining process should be implemented. Mr.
Morton disagreed with Ms. Beckman adding that he would rather have the time taken to
get construction done properly rather than having to get it done quickly. Although, there is
an administrative process and a bureaucratic process the time spent would be a great
advantage. And although an extension process is in place it is still impossible to do a
major project under the current time allowed.
Mr. Davis agreed with Mr. Morton indicating that there was no way of completing any
construction process under the time currently allowed. He added that he encounters that
situation almost every day.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Jerry Proctor 200 S. Biscayne Blvd. Support
Mr. Proctor advised that he has a client that has been trying to get a permit for more than
two years. The problems of permitting may pertain to Miami -Dade Water and Sewer
Department. It is impossible to get a building permit and do substantial construction in six
months. He further added that he has been before the Planning Board and the City
Commission three times requesting extensions for variances. The issues involved with the
hearings remain the same from the first time he went before the Board and the City
Commission. He stated that extending the time will be more efficient use of City time.
The Planning Department will not have to spend time writing reports for an item which
was heard six months ago and whose issues have not changed. Also, the Planning Board
will make more use of their time without having to hear the same issues they have already
heard. He stated that six months are not enough and suggested extending the six month.
Planning Board Meeting
January 15, 2008 Excerpt
Page 3 of 3
Chairman Morton closed the public hearing.
After further discussion between Proposal No.I and No. 2 the Board agreed on Planning
Board Proposal No. 1 with the change of the "six (6) month period to one (1) year period,"
and "if no building permit has been applied for." It was further agreed that the variance
extension request must be made with the one year period."
Motion: Ms. Young moved to defer this item to the next Board meeting scheduled on
January 31, 2008. Motion failed for a lack of seconded.
Motion: Ms. Chael moved to approve the ordinance selecting proposal No. 1. with the "six
(6) month period to one (1) year period if no building permit has been applied for," and the
extension request changing from six months to "one year." Mr. Davis seconded.
Vote: 6 Ayes 0 Nay
X: \Comm Items\2008\2- 19 -08\PB Minutes 1 -15 -08 Excerpt Var.doc
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COURTESY NOTICE
CITY OF SOUTH MIAMI - -FLORIDA
On Tuesday, March 18, 2008, 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 RELATING TO A REQUEST TO-AMEND THE OFFICIAL ZONING' MAP OF THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE BY.DESIGNATING A SINGLE FAMILY RESIDENTIAL BUILDING LOCATED AT 5730 SW-49th-STREET AS AN
HISTORIC SITE AND BY PLACEMENT OF AN HISTORIC PRESERVATION OVERLAY ZONE (HP-OW OVER THE EXISTING ZONING
USE DISTRICT FOR-THIS PROPERTY
AN ORDINANCE RELATING TO PENSION ORDINANCE; AMENDING CHAPTER 16, ARTICLE (IQ, SECTION 16
713(B).
AN ORDINANCE AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 5.11(L) ENTITLED "EXPIRATION " - IN ORDER
TO EXTEND THE TIME.PERIOD AFTER WHICH THE FINAL APPROVAL OF THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD
'SHALL LAPSE AFTER SIX (6) MONTHS IF NO PERMIT HAS BEEN APPLIED FOR.
AN ORDINANCE AMENDING THE SOUTH MIAMI LAND- DEVELOPMENT CODE SECTION 20= 3.3(D) ENTITLED `PERMITTED. USE:
SCHEDULE "AND SECTION 20 -7,12 ENTITLED "PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURISTAS A PERMITTED USE IN-_`
THE "SR(HD_OV) ", SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY)-ZONING DISTRICT.
AN ORDINANCE AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE-SECTION 20 -5.9 ENTITLED "VARIANCE APPROVALS" INl
ORDER TO MODIFY THE CONDITIONS AND TIME PERIOD AFTER WHICH AN APPROVED VARIANCE SHALL LAPSE. J
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 2013.4(B)(4)(b) OF, THE LAND DEVELOPMENT CODE FOR
SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT AS PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY A
PRIVATE -PUBLIC DEVELOPMENT LOCATED AT 5829 SW -73td STREET WITHIN THE "SR (HD -OV) 'SPECIALTY RETAIL (HOMETOWN
DISTRICT OVERLAY), ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 35, 36, 37, 48, 49, 50, W. A: LARKINS .
SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS-OF MIAMI -
DADE COUNTY
A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER, .
TO ALLOW A LOT. COVERAGE-OF 31% (1580 SQUARE FEET) WHERE A MAXIMUM OF 30 %.(1530 SQUARE FEET) IS PERMITTED ALL .
ON P,ROPERTYY LOCATED AT 6321 'SW 43 STREET WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING -USE. DISTRICT.
If you have any inquiries on the above items please contact the City Clerk's office at: 305 - 663 -6326.
ALL interested parties are invited to attend and will be heard.
w. Mafia M. Menendez, CMC
City Clerk .:.
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that'd 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. '