02-06-07 Item 11South Miami
CITY OF < OUTH MIAMI
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 . 1
From: Julian Perez, Planning Direc
Date: February 6, 2007 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 TWO
STORY OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE
Request:
The applicant, V & B Property of Miami, Inc. submitted Application No. PB -06 -024 requesting two variances in
order to construct a two story dental office building on a vacant lot located at 7641 SW 62 Street. The applicant's
proposal was before the City Commission at its October 17, 2006 meeting at which time the matter was deferred in
order to clarify if the applicant's parking under the building was considered "in a structure" which is prohibited in
the RO zoning district. The applicant has revised the plans reducing the size of the structure and providing for six of
the seven required parking spaces to be in an open lot behind the building. The redesign of the structure also
removed the necessity of requesting a second variance related to the width of the required perimeter landscaping.
The applicant has submitted the revised plans for the development (dated January 22, 2007) thereby adjusting the
application to be a request for a lot size (includes frontage) variance only.
The applicant is proposing to build a two story building with 1,394 sq. ft. of dental office space. The required off -
street includes six parking spaces located behind the building. An additional required parking space is shown on
the street in front of the building. The subject parcel is a non - conforming property and any new construction must
meet the zoning standards for the RO Residential Office zone 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 zoning district
(LDC Section 20- 3.5(G)). The applicant in a hardship letter claims that the substandard size of the property
prohibits the use of the property for its intended purpose.
Planning Board Action: The Planning Board at its September 25, 2006 meeting, after public hearing, voted
5 ayes 2 nays (Mr. Farfan, Ms. Yates) to recommend approval of the variance requested with the following
condition: (1) that a three foot high fence and bushes be installed on the north property line, as shown on the cover
graphics part of the submitted plans.
(2)
Recommendation: It is recommended that the lot size /lot frontage variance as requested by the applicant be
approved with the following conditions: (1) that a three foot high fence and bushes be installed on the north
property line, as shown on the cover graphics part of the submitted plans; (2) 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.
Backup Documentation:
Resolution
Planning Department Staff Report 9 -25 -06
Application
Location Map
Letter oflntent
Site Plan / elevations Revised dated 1/22/07
Excerpt Planning Board Minutes 9 -25 -06
Public notices
J D /SAY
P: \Comm Items\ 2007\2- 6- 07 \PB -06 -024 Variances 7641 SW 62 Ave CM Report.doc
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RESOLUTION NO.
A; RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
1VtIAMI, 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 MINIMUM 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 "RO79 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 MIAMI, 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 "RU' 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
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(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.
PASSED AND ADOPTED this , day of 52007
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
P: \Comm Items\2007\2- 6- 07\PB -06 -024 7641 SW 62 Resol.doc
MAYOR
Commission Vote:
Mayor Feliu
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts- Cooper:
Commissioner Beckman:
RESOLUTION NO.
k 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 MINIMUM 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 -105 -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 MIAMI, 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
(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.
PASSED AND ADOPTED this , day of , 2007
ATTEST: APPROVED:
CITY CLERK MAYOR
Commission Vote:
READ AND APPROVED AS TO FORM: Mayor Feliu
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts- Cooper:
Commissioner Beckman:
CITY ATTORNEY
P: \Comm Items\2007 \2- 6- 07\PB -06 -024 7641 SW 62 Resol.doc
OUT
CORPORATEO
1927
ORt
To: Honorable Chair &
South Miami
A114medcaC i
2001
CITY OF SOUTH MIAMI
Planning Board Members
From: Don O'Donniley
Director of Planning
PB -06 -024
Date: September 25, 2006
Re: Variance Requests(2)
7641 SW 62nd Ave.
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 TWO VARIANCES 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 MINIMUM LOT
SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50 FEET OF FRONTAGE WHERE
75 FEET IS REQUIRED; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL
REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT
CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE ON THE NORTH
SIDE OF THE PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY
LOCATED AT 7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO"
RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE
VARIANCES IS TO PERMIT THE CONSTRUCTION OF A TWO STORY OFFICE
BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE
SUMMARY OF REQUEST
The applicant needs variances in order to construct a two 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) and from a required perimeter parking lot landscape provision. The applicant
is proposing to build a two story building with 2,000 sq. ft. of office space with the required off -
street eight parking spaces located on the ground floor under the building. The F.A.R. will be .27
(.30 permitted).
BACKGROUND
The subject parcel is a non - conforming property and any new construction must meet the zoning
standards for the RO Residential Office zone district. Development of the property is prohibited
because the lot area of the parcel is 7003 sq. ft. which is below the minimum required lot size of
7500 sq. ft. There is 50 feet of frontage which also is below the minimum required frontage of 75
feet for the 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 for its intended purpose.
Variance(s) -7641 SW 62 Ave..
September 25, 2006
Page 2 of 3
A second variance is requested is also a result of the placement of the required parking spaces
(parking lot) along a perimeter property line. All exposed outside parking lots must have a 5 feet
wide section of landscaping on the side (LDC Section 20 -4.4 Graphic) The applicant's submitted
plans show only 2 1/2 feet on the north side of the parking area. The applicant in the hardship
letter claims the variance is necessary to assure the safe maneuvering of traffic in the parking
area. It is also pointed out by the applicant that the property abutting this side of the property
already has a significant landscape buffer.
APPLICABLE REGULATIONS (See ATTACHNMENT)
• Land Development Code Section 20 -3 .5(E) Dimensional Requirements
• Land Development Code Section 20 -5.9
• Land Development Code Section 20 -4.4
STAFF OBSERVATIONS
Variances Approvals
Parking design elements (p. 98.4)
(1) 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).
(2) The lot area/frontage variance request is a not a unique situation. The substandard size of the
property is a deterrent to the development of the property. There have been similar requests
from other property owners in the MO zoning districts and there are properties in another RO
._district which may require this same type of variance i f new development is contemplated.___
(3) In May of 2005 an applicant requested two similar variances (lot size and reduction of
perimeter landscaping) to permit an office building on a substandard lot in an MO zoning
district. The Planning Board recommended approval of both variances, however, the City
Commission approved only the lot size variance. The applicant was advised to redesign the
structure or parking area to comply with the required five foot landscape perimeter. This can
be interpreted as a policy preferred by the Commission.
(4) The requested lot size / frontage variance is necessary to use the property and constitutes a
hardship. There will be minimal impact on surrounding properties. The perimeter landscape
variance request although minimal is not a hardship and can be avoided by adjustment of the
plans
RECOMMENDATION
It is recommended that the Board recommend approval of the lot size / frontage variance and
deny the perimeter landscape variance request. If the landscape variance request is recommended
for approval it should include a condition that a three foot high fence and bushes be installed on
the north property line, as shown on the cover graphics part of the submitted plans.
Variances) -7641 SW 62 Ave..
September 25, 2006
Page 3 of 3
Attachments:
Application
Location Map
Zoning Map
Letter of Intent
Letter of Hardship
LDC Applicable Regulations
Copy of Public Notices
Survey
Site Plan
DOD /SXY
P:\PB\PB Agendas Sfaff Reports\2006 Agendas Staff Reports \9- 25- 06\PB -06 -024 Variances 7641 SW 62 Ave.doc
'"'' South Miami
Planni ing Department City of S
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 668 -7356
Application For Public Hearing Before .Planning Board & City Commission
Address of Subject Property: 7641 SW 62 Ave. Lot(s)
6 Block 3 Subdivision Larkin Pines
South Miami, FL PB
24 --20
Meets & Bounds: N/A
Applicant: V & B Properly of Miami, Inc., Phone:
(305) 629 -9909
a Florida Corporation
Representative: Maria A. Gralia, Esq. Organization: Shutts & Bowen LLP
Address: 1500 Miami Center Phone:
(305) 358 -6300
201 S. Biscayne Blvd.
Miami, FL 33131
Property Owner: V & B Property of Miami, Inc., Signature:
a Florida Corporation
Mailing Address: 10449 NW 41 St. Phone:
(305) 629 -9909
Miami FL, 33178
chitect/Engineer: Norman Blandon Phone:
(305) 297 -2812
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner X Owner's Representative Contract to purchase
_Option to purchase —Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
—Text Amendment to LDC XVariance
x Letter of intent
—Zoning Map Amendment _Special Use
Justifications for change
_ PUD Approval _,Special Exception
X Statement of hardship
PUD Major Change X Other (Waiver of Plat)
X Proof of ownership or letter from owner
_
Si{e f ift ftPpd0V41
_ Power of attorney
Briefly explain application and cite specific Code sections:
_ Contract to purchase
X Current survey (1 original sealed and
signed/1 reduced copy@ 11" x 1T')
X 15 copies of Site Plan
The applicant seeks a lot size variance for a non - conforming substandard sized
lotl
allowing development to occur (1) on a net area of 7,003.50 s.f. where 7,500 s.f.
are
1 reduced copy @ 11" x 17"
required; and (2) with a frontage of 50 ft. where 75 feet are required.
_ 20% Property owner signatures
Section: 20 Subsection: 3.5G Page #: 49 Amended Date:
X Mailing labels (3 sets) and map
,X Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to
the best of applicant's knowledge and belief.
'Sec" It"" V� /O
Applic 's Si tore and title Date
Upon rkeipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing_ Date of Commission
Petition Required Petition Accepted
Method of Payment
City of South Miami
PB -06 -024 Variance Application
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SHUTTS
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UP
ATTORNEYS AND COUNSELLORS AT LAW
MARIA A. GRALIA
(305) 347 -7328 Direct Telephone
August 17, 2006
Don O'Donniley, Director
City of South Miami
Planning & Zoning Department
6130 Sunset Drive
South Miami, FL 33143
Re: Letter of Intent for 7641 S.W. 62nd Avenue /Applications for Zoning
Variances and Site Plan Approval (the "Applications ")
Dear Mr. O'Donniley:
E -MAIL ADDRESS:
mgralia @shutts- law.com
This firm represents V & B Property of Miami, Inc. (the "Applicant'), the owner of a
parcel of land (the "Property ") located at the above referenced address in the City of South
Miami, Florida (the "City "). The Property is presently zoned Residential Office ( "RO ") and is
bounded by an office- condominium to the south, an office to the north, 62nd Avenue to the west
(facing the back of a Pet Co situated across the street), and a residence to the east.
L The Requests
V & B requests two zoning variances and site plan approval from the City's Land
Development Code (the "LDC" ).
First, the Applicant seeks a lot size variance that would allow development to occur (1)
on a net area of 7,003.50 square feet where 7,500 square feet are required, and (2) with a
frontage of 50 feet where 75 feet are )required. Since the Property is a non - conforming,
substandard -sized lot, the Applicant requests this variance so that it can develop the Property
while maintaining the existing RO zoning desigr.(ation.
Second, the Applicant seeks a landscaping variance to allow for a 2.5 foot landscape
buffer on the north perimeter of the Property, where a 5 foot landscape buffer is required. The
Applicant requests this variance so that it has the ability to insure the safe maneuvering of traffic
on the Property and simultaneously remain compliant with other LDC provisions. It is important
to emphasize that the south perimeter of the Property does not need such a variance; hence this
request is limited to a 2.5 foot reduction of the northern landscape buffer. Additionally, since the
property abutting the Applicant's Property on the north side provides a significant landscape
buffer with mature trees, the impact of this landscaping variance is mitigated.
1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • TELEPHONE (305) 358 -6300 • FACSIMILE (305) 361 -9982 • WEBSITE: www.shutts- law.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM LONDON
Don O'Donniley, Director
August 17, 2006
Page 2
II. The Project
Along with the Application, the Applicant has submitted a site plan prepared by Norman
Blandon, of N25 Architecture Co., entitled V &B Office Building, dated August 8, 2006 (the
"Site Plan"). The Site Plan provides for a two- story, 2,000 square foot office building with
parking located on the ground level (the "'Office ").
Despite the fact that the Property is only 7,003.50 square feet, the Office's innovative use
of space and design significantly enhances the appearance and does not detract from the safety of
the area. The Office is designed so that the first floor is an elevator lobby that covers 315 square
feet, utilizing approximately 26% less space than the maximum building coverage allowed by the
LDC. The second floor contains the main office and several balconies. The above mentioned
design choices, coupled with the fact that Office is lined with floor -to- ceiling glass windows,
creates ample open space and provides an unobstructed view of the lush landscaping on the
Property. Further, the Project was designed so that there is sufficient space for traffic to safely
circulate.
We appreciate your attention to this matter and look forward to your favorable review
and recommendation in connection with these Applications.
MAG /gw
cc: Mr. Luis Velis
Mr. Norman Blandon
Lauren M. Harper, Esq.
MIADOCS 1050963 2
Very truly yours,
Marra A. Gralia
SHUTTS & BOWEN LLP
MIAMI . FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON
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.) 50
• Land Development Code Section 20 -5.9 Variances Approvals
(A) Expiration of Variance Approvals. A variance approved pursuant to
Section 20 -5.5 shall lapse after six (6) month if no substantial
construction or change of use has taken place in accordance with
the request for such variance and if the city commission has not
specified a longer approval period for good cause shown.
(B) Extension of Variance Approvals. Four (4) affirmative votes of
the city commission may grant an extension to a previously
approved variance if a proper and timely request is made by the
applicant prior to the expiration of the six (6) month period.
(C) Hardship Statement. All applications for a variance shall include
a letter of intent indicating the specific nature of the hardship
upon which the request is based.
(D) Property Survey Required. All applications for a variance shall
include a current property survey prepared by a registered
surveyor.
(E) Neighborhood Concurrence. All applications for a variance shall
be accompanied by a map which reflects all properties and the
Variance(s) -7641 SW 62 Ave..
September 25, 2006
Page 6 of 3
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.
(G) Permitted Variance Requests. Applications for variances shall be
restricted to only the following:
(1) Yard setbacks
(2) Lot size
(3) Lot coverage
(4) Building height
(5) Fences and walls
(6) Impervious coverage
(7) Off - street parking
(8) Open space
(9) Signs
(10) Landscaping
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Monday, September 25, 2006
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 '7:37 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chair, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Mr. Beilman,
Mr. Comendeiro, Mr. Davis, Ms. Lahiff Ms. Yates and Mr. Farfan.
Board members absent: None
City staff present: R. Don O'Donniley, AICP (Planning Director), Sanford A. Youkilis,
AICP (Planning Consultant), Gremaf Reyes (Video Support), and Patricia Lauderman
(Planning Board Secretary).
III. Planning Board Applications/ Public Hearing
(A)PB -06 -024
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 TWO
VARIANCES 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 MINIMUM LOT SIZE OF 7500 SQUARE FEET IS REQUIRED AND 50
FEET OF FRONTAGE WHERE 75 FEET IS REQUIRED; A VARIANCE FROM
THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF
SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6
INCHES OF ABUTTING LANDSCAPE ON THE NORTH SIDE OF THE
PROPERTY WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED
Planning Board Meeting
September 25, 2006
Page 2 of 4
AT ;7641 SW 62 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RO"
RESIDENTIAL OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE
VARIANCES IS TO PERMIT THE CONSTRUCTION OF A TWO STORY
OFFICE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE
Action: Mr. O'Donniley explained that the applicant is requesting approval of a variance
for lot size which includes frontage and a second variance from a required perimeter
parking lot landscape provision. The variances are needed in order to construct a proposed
two -story building with 2,000 s.q. ft of office space with the required off - street eight
parking spaces located on the ground floor under the building. At this point Mr.
O'Donniley provided a brief background on the subject parcel. He indicated that the
subject parcel is a non - conforming property and any new construction must meet the
zoning standards for the RO Residential Office zone district. He also noted that the lot area
of the parcel is 7003 sq. ft. which is also below the minimum required lot size of 7500 sq.
ft. There is 50 feet of frontage which also is below the minimum required frontage of 75
feet for the zoning district.
Mr. O'Donniley addressed the applicant's hardship letter which claims that the
substandard size of the property prohibits the use of the property for its intended purpose.
Furthermore, a second variance is also a result of the placement of the required parking
spaces (parking lot) along a perimeter property line. Mr. O'Donniley also noted that all
exposed outside parking lots must have a 5 feet wide section of landscaping on the side.
The applicant's submitted plans show only 2 1/2 on the north side of the parking area. The
applicant in the hardship letter indicates that the variance is necessary to assure the safe
maneuvering of traffic in the parking area.
Mr. O'Donniley made the following observations:
(1) 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).
(2) The lot area/frontage variance request is a not a unique situation. The substandard size of the
property is a deterrent to the development of the property. There have been similar requests
from other property owners in the MO zoning districts and there are properties in another RO
district which may require this same type of variance if new development is contemplated.
(3) In May of 2005 an applicant requested two similar variances (lot size and reduction of
perimeter landscaping) to permit an office building on a substandard lot in an MO zoning
district. The Planning Board recommended approval of both variances, however, the City
Commission approved only the lot size variance. The applicant was advised to redesign the
structure or parking area to comply with the required five foot landscape perimeter. This can be
interpreted as a policy preferred by the Commission.
(4) The requested lot size / frontage variance is necessary to use the property and constitutes a
hardship. There will be minimal impact on surrounding properties. The perimeter landscape
variance request although minimal is not a hardship and can be avoided by adjustment of the
plans
Planning Board Meeting
September 25, 2006
Page 3 of 4
Applicant's representative: Maria A. Gralia, Esq.
Ms. Gralia explained that a lot size variance that would allow development to occur on a
net area of 7,003 sq. ft where 7,500 sq. ft are required and with a frontage of 50 feet where
75 feet are required. Since the property is non - conforming, substandard -sized lot, the
applicant requests this variance so that it can develop the property while maintaining the
existing RO zoning designation. The landscaping variance would allow for a 2.5 foot
landscape buffer on the north perimeter of the property, where a 5 foot landscape buffer is
required. Ms. Gralia indicated that the variance was needed in order to insure the safe
maneuvering of traffic on the property and simultaneously remain compliant with other
LDC provisions. She also noted that the south perimeter do not need such a variance.
Ms. Gralia also addressed the site plan prepared by Norman Blandon of N25 Architecture
Co. She stated that despite that the property is only 7,003.50 sq. ft, the Office's innovative
use of space and design significantly enhances the appearance and does not detract from
the safety of the area.
Mr. O'Dooniley commented that this Board is not reviewing the design of the building that
task is in the purview of the Environmental Review and Preservation Board.
RECOMMENDATION
It is recommended that the Board recommend approval of the lot size / frontage variance and deny
the perimeter landscape variance request. If the landscape variance request is recommended for
approval it should include a condition that a three foot high fence and bushes be installed on the
north property line, as shown on the cover graphics part of the submitted plans.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Brian Rothman Supported
Mr. Rothman stated is the north side property owner. He said he did not object to the
variances, but would like to see a 5 or 6 feet fence with landscaping so that there is a good
separation between the properties.
Bob Welch Opposed
Mr. Welch provided an example in which the owner of the property that sits on SW 70 St
and SW 62 Terrace did not check the requirements for the "RO" zoning and now is faced
that parking spaces need to be added but can't because oak trees would need to be
removed. Mr. Welch urged the Board to let the prospective developers know that if a lot
sits on a non - conforming use they should comply with the regulations of the zoning and
not look for variances to make projects fit.
Peter Jude Opposed
Mr. Jude commented he owns a unit at 6211 SW 78 St and serves as president of
Rittenhouse Condominium Association. The condominium is located on 62 Ave and 78 St.
Tonight he is speaking on behalf of four other unit owners, who like himself, have a
Planning Board Meeting
September 25, 2006
Page 4 of 4
concern given with the variances the developer will be able to squeeze a larger building
than the zoning allows for.
Richard Anderson Opposed
Mr. Anderson stated he owns two properties adjacent. He commented that given the
discussion earlier tonight about regulating the size of single - family homes and now this
new proposed construction has a lot area of the parcel of 7003 sq. ft where the minimum
required lot size is 7500 sq. ft. A considerable concern he has heard from the neighbors in
the surrounding area is the concern about the parking. He indicated he did not agree with
the variances.
Motion: Ms. Yates motioned to recommend approval of the lot size / frontage variance
with the condition that the landscape variance be denied. Ms. Lahiff seconded the motion.
Vote: Ayes 3 Nays 4 (Mr. Beilman, Mr. Comendeiro, Mr. Davis, Mr. Morton)
Motion failed for lack of a majority.,
Motion: Mr. Beilman motioned to recommend approval of both variances. Mr. Davis
seconded the motion.
Vote: Ayes 5 Nays 2 (Ms. Yates, Mr. Farfan)
K:\PB\PB Minutes\2006 Minutes\PB MINS 9 -25 -06 Excerpt 06- 024.doc
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, February 6, 2007, 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 ESTABLISHING INTERIM DEVELOPMENT REGULATIONS
APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY
RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY
RELATING TO "MC MANSIONS" STAYING ALL RESIDENTIAL
CONSTRUCTION OF TWO -STORY HOMES FOR THE EIGH F THREE MONTH
PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION;
PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW
BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER
PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING
SUBSECTION 20- 6.1(C)(3)(f).
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE.
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -7.30 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING
FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE.
A RESOLUTION 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
MINIMUM 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.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY
CAFE IN THE "SR (HD) SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET
DRIVE (SHOPS AT SUNSET PLACE).
A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY
OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE
EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING
SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT. OF LOT
78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE)
AND THE EAST 1/2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14,
FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34,
I PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA.
I Above items can be inspected in the City Clerk's Office, Monday - Friday
during regular office hours.
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.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or Commission
with respect to any matter considered at its meeting or hearing, he or she will need a
record of the proceedings, and that for such purpose, affected person may need to
ensure that a verbatim record of the proceedings is made which record includes the ,
testirrlonyaneev( dente, upon;which the appeal;istobebased .=c.
NEIGHBORS CALENDAR
-CALENDAR, FROM 46
story: 6:30 -8:30 p.m. Wednesdays
Jan. 31 -March 21;
• Writing Mysteries and Crime Fic-
tion: 6:30 -8:30 p.m. Thursdays Feb.
1 -March 22;
• When Silence Speaks- Poetry and
the Promised Land: 6:30 -8:30 p.m.
Thursdays Feb. 1-March 22;
• Writing Flash Fiction, Subversive
Fiction and Magical Realism: 6:30-
8:30 p.m. Feb. 1 -March 22.
Introduction to Nature Writing -Re-
sponding to Our Environment:
Everything from grammar to the writ-
ing process to a sampling of favorite
nature authors are covered in this
course. Practice developing a style
while discovering content and inspi-
ration in nature while working in a
nature preserve; 1-3 p.m. Saturdays,
Feb. 3 -17; The Environmental Center
at Miami Dade College - Kendall, 11011
SW 104th St., Kendall; $45. To regis- Miracle Mile T
ter, call 305- 237 -2600 or go to
Club: Improve
mdc.edu /kendall /ce and click on
as a better spf
Environmental Center; use reference
tener and enjc
number 411789.
1:30 p.m. Thur
Reflective Writing: Learn journaling
Miracle Mile, C
and writing techniques for personal
lunch fee: $17.
growth and healing; 7:30 -9 p.m. Mon-
786 - 399 -960E
days; South Miami Hospital, 6200 SW
maya @earthli
73rd St., South Miami; $10 per session.
Practical Splrl
786- 662 -5200. ___ -- -
the book club
�ia�ofl
ton's The Bles.
sons from the nonprofit organization;
�
7 -9 p.m. Mondays; South Miami
and Noble, 12�
Lutheran Church, 7190 Sunset Dr.,
Kendall; free.:
South Miami. 305- 387 -1342.
Rotary Club 0
Palmetto Bay
CLUBS /MEETINGS
ings; 12:15 p.m
r
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W
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.W
:ii -• •�• - • •••
E _ _ •
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, February 6, 2007, 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 ESTABLISHING INTERIM DEVELOPMENT REGULATIONS
APPLICABLE TO DEVELOPMENT APPROVALS FOR SINGLE FAMILY
RESIDENTIAL STRUCTURES; AUTHORIZING THE COMPLETION OF A STUDY
RELATING TO "MC MANSIONS" STAYING ALL RESIDENTIAL
CONSTRUCTION OF TWO -STORY HOMES FOR THE EIGH F THREE MONTH
PERIOD TO COMPLETE THE STUDY AND ANALYSIS OF THE SITUATION;
PROVIDING FOR A WAIVER OF THE CONSTRUCTION STAY AFTER REVIEW
BY ERPB AND CITY COMMISSION; PROVIDING CRITERIA FOR WAIVER
PROCESS; AND EXPANDING THE POWERS OF THE ERPB BY AMENDING
SUBSECTION 20- 6.1(C)(3)(f).
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -5.16 RELATING TO UNITY OF TITLE; CREATING SUBSECTION
20- 5.16(F) TO PROVIDE FOR THE OPTION OF USING A DECLARATION OF
RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE.
AN ORDINANCE RELATING TO CERTIFICATES OF OCCUPANCY; AMENDING
SECTION 20 -7.30 AND 20 -8.16 RELATING TO UNITY OF TITLE; PROVIDING
FOR THE OPTION OF USING A DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE.
A RESOLUTION 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
MINIMUM 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.
A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 20-
3.4(13)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE
APPROVAL TO LOCATE A RESTAURANT TO BE CALLED GIGGLE CITY PLAY
CAFE IN THE "SR (HD) SPECIALTY RETAIL HOMETOWN DISTRICT
OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET
DRIVE (SHOPS AT SUNSET PLACE).
A RESOLUTION RELATING TO A REQUEST FROM HABITAT FOR HUMANITY
OF GREATER MIAMI INC PURSUANT TO SECTION 20- 5.16(e) OF THE LAND
DEVELOPMENT CODE TO ALLOW THE RELEASE OF A UNITY OF TITLE
EXECUTED ON MARCH 20, 2006 WHICH COMBINED INTO ONE BUILDING
SITE THE FOLLOWING PARCELS LOTS 77 & 78 LESS NORTH 5 FT. OF LOT
78 & LESS EXT. AREA OF CURVE IN NE CORNER, (6350 SW 60th AVENUE)
AND THE EAST 1/2 OF LOT 79, (6016 SW 63rd STREET) BLOCK 14,
FRANKLIN SUBDIVISION, AS RECORDED IN PLAT BOOK 5, AT PAGE 34,
I PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA.
I Above items can be inspected in the City Clerk's Office, Monday - Friday
during regular office hours.
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.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or Commission
with respect to any matter considered at its meeting or hearing, he or she will need a
record of the proceedings, and that for such purpose, affected person may need to
ensure that a verbatim record of the proceedings is made which record includes the ,
testirrlonyaneev( dente, upon;which the appeal;istobebased .=c.
NEIGHBORS CALENDAR
-CALENDAR, FROM 46
story: 6:30 -8:30 p.m. Wednesdays
Jan. 31 -March 21;
• Writing Mysteries and Crime Fic-
tion: 6:30 -8:30 p.m. Thursdays Feb.
1 -March 22;
• When Silence Speaks- Poetry and
the Promised Land: 6:30 -8:30 p.m.
Thursdays Feb. 1-March 22;
• Writing Flash Fiction, Subversive
Fiction and Magical Realism: 6:30-
8:30 p.m. Feb. 1 -March 22.
Introduction to Nature Writing -Re-
sponding to Our Environment:
Everything from grammar to the writ-
ing process to a sampling of favorite
nature authors are covered in this
course. Practice developing a style
while discovering content and inspi-
ration in nature while working in a
nature preserve; 1-3 p.m. Saturdays,
Feb. 3 -17; The Environmental Center
at Miami Dade College - Kendall, 11011
SW 104th St., Kendall; $45. To regis- Miracle Mile T
ter, call 305- 237 -2600 or go to
Club: Improve
mdc.edu /kendall /ce and click on
as a better spf
Environmental Center; use reference
tener and enjc
number 411789.
1:30 p.m. Thur
Reflective Writing: Learn journaling
Miracle Mile, C
and writing techniques for personal
lunch fee: $17.
growth and healing; 7:30 -9 p.m. Mon-
786 - 399 -960E
days; South Miami Hospital, 6200 SW
maya @earthli
73rd St., South Miami; $10 per session.
Practical Splrl
786- 662 -5200. ___ -- -
the book club
USA Dance Inc.: Ballroom dance les-
ton's The Bles.
sons from the nonprofit organization;
9:30 -11 a.m. se
7 -9 p.m. Mondays; South Miami
and Noble, 12�
Lutheran Church, 7190 Sunset Dr.,
Kendall; free.:
South Miami. 305- 387 -1342.
Rotary Club 0
Palmetto Bay
CLUBS /MEETINGS
ings; 12:15 p.m
Roma's,18851
Kendall Professional Group: Business
Bay; $10. Call I
networking and referrals; noon first
305 - 252 -485;
Thursday; Steak and Ale Restaurant,
305- 323 -290:
9090 SW 97th Ave., West Miami-
South Dade A
Dade; first meeting free. Call Ira Marks
The club's am
at 305 - 387 -3474,
tion includes s
poster contest
ee • •` r
The Community Image Advisory Board (CIAB) invites you
poster to "Clean Up and Green Up" our community. Be crea
the slogan as part of a poster design. Include your name,
grade, home address, phone number or email on the back of
Elem /Mid /High School Prizes
(prizes for each school level)
1st Place - XBOX 360
2nd Place - IPod Nano
3rd Place -
Elementary: 4 tickets to Disney World
Middle /High: 4 tickets to
Universal Islands of Adventure
Entries Due 5:00 p
Thursday, Februar
Submit entries to: Clean Up
Poster C
c/o The A
Att: NIE,
Miami, FI
All artwork must be original, not derivative and not generated by computer. You may use any medium except oil.
not be returned. Artwork cannot be any larger than 14x17. All entries become property of the Miami Herald, Comr
Board and Newspaper in Education.
OPIATES MIAMI
M�IAMFDADE CONVENTION 8
Y181TOR8 SUSIAU '
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