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03-20-07 Item 14South Miami krAbd ;I-AWcaC i N•+"EO CITY OF SOUTH MIAMI 1111. 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 ` �or• From: Julian Perez, Planning DirectoA!av Date: March 20, 2007 ITEM No. /4- Subject: 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(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS REQUIRED; (2) A VARIANCE TO PERMIT THE STREET SIDE YARD SETBACK TO BE 13 FEET 9 INCHES WHERE 15 FEET IS REQUIRED; PROVIDING FOR AN EFFECTIVE DATE. Previous Application: The applicant, previously presented a variance request for the subject property before the Planning Board in December, 2006 and the City Commission in January, 2007. The proposal at that time was to build a two story building. The three variances at that that time included lot size and two variances related to the second story setback. When both items appeared on the City Commission agenda in January 2007, it was determined that an existing unity of title combining all three of the lots needed to be released first before action on the variances could be taken. The items were deferred. The release of the unity of title was done by the City Commission at its February 20, 2007, meeting. In the interim period the applicant has re- designed the proposed home (6350 SW 60 Avenue). The proposed home is now a one story structure, thereby changing the variances needed for development. Background: The applicant, Habitat for Humanity has filled Application No. P13-07 -009, requesting two variances in order to construct a single family home on the vacant lot located at 6350 SW 60 Avenue (Lot 77, Block 14, Franklin Subdivision). The applicant is requesting approval of a lot size (includes frontage) variance and a street side yard setback. The applicant, a non -profit housing organization, is proposing to build a one story home with a total of 1,317 sq. ft. of floor area. The subject parcel at 6350 SW 60 Ave. is a non- conforming property and any new construction must meet the zoning standards for the RS -4 Single Family Residential zone district. Development of the property is prohibited because the lot area of the parcel is 4,796 sq. ft. which is below the minimum required lot size of 6,000 sq. ft. Although the property's legal address is on SW 60 Avenue, the home will face SW 63 Terrace which has only 47 feet of frontage. This frontage is below the minimum required frontage of 60 feet for the zoning district (LDC Section 20- 3.5(D). The two dimensional lot size requirements results in the first variance. A second variance 2 requested is a street side setback variance. The applicant's submitted plans show the minimum setback as 13 feet 9 inches, however 15 feet is required. Staff Observations: (1) The lot area/frontage variance request is a not a unique situation. The substandard size of plated lots is a deterrent to the development of property. It is important to note that less than 40% of the lots conform to the lot area and width requirements in RS -4 zoning district within the Community Redevelopment Agency area. (2) Habitat for Humanity builds homes that have prototypical layout and design that use standardized trusses and other building components to keep the homes affordable. The applicant in a letter dated February 21, 2007 claims that the substandard size of the property is a hardship and the special circumstances of providing affordable homes both justify the granting of the variances. (3) The City's Comprehensive Plan specifically states that the construction of affordable housing is a major goal of the City. Attached to the Planning Department staff report is an excerpt from the Plan listing the goals and policies related to the production of affordable housing. (4) The variances requested will have minimal impact on surrounding properties. The variances are also necessary to use the property to create an affordable housing opportunity. Planning Board Action: The Planning Board at its February 27, 2007 meeting, after public hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the requested variances. The Board further recommended that the variance application fee be reduced from $2,750 to $250. Recommendation: It is recommended that the City Commission approve the two variances requested to allow the development of a new home at 6350 SW 60 Avenue. It is further recommended that to be consistent with the action taken on the waiver of fee for 6016 SW 63 Street, the full variance application fee ($2750) be waived. This is an action routinely done in the past for non - profit groups. Backup Documentation: Draft Resolution Planning Department Staff Report 2/27/07 Survey Site Plan / Elevations Planning Board Meeting Excerpt 2/27/07 Public Notices J P /SAY PAComm Items\2007 \3- 20- 07 \PB -07 -009 6350 SW 60 Av CM Report.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY. OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST FOR TWO VARIANCES FROM 6 SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW 7 THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY 8 LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" 9 SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCES 10 REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING 11 SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE 12 FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS REQUIRED; 13 (2) A VARIANCE TO PERMIT THE STREET SIDE YARD SETBACK TO BE 13 FEET 9 14 INCHES WHERE 15 FEET IS REQUIRED; PROVIDING FOR AN EFFECTIVE DATE. 15 16 17 WHEREAS, Application No. PB -07 -009 was submitted to the Planning Board by 18 applicant, Habitat for Humanity, said application requesting approval of two variances from 19 Section 20 -3.5 (E) of the Land Development Code: (1) to allow the area of a building site to be 20 4796 square feet, where a minimum of 6000 feet is required and 47 feet of frontage where 60 feet 21 is required; (2) a variance to allow the street side yard setback to be 13 feet 9 inches where 15 feet 22 is required all on property within an "RS -4" Single Family Residential Zoning Use district, 231 specifically located at 6350 SW 60 Avenue, South Miami, Florida; and 24 25 WHEREAS, the applicant wishes to develop the property with a new one story single 26 family building, and; 27 28 WHEREAS, in order to develop the property as proposed the requested variances are 29 required; and 30 31 WHEREAS, the approval of a variance requires a recommendation from the Planning 32 Board and the approval of the City Commission after a public hearing; and 33 34 WHEREAS, the applicant, a not - for -profit corporation, has requested a waiver of the 35 variance application fee ($2750); and 36 37 WHEREAS, at its February 27, 2007 meeting the Planning Board, after public hearing, 38 voted 7 ayes 0 nays to recommend approval of the variances requested and further recommended 39 that the variance application fee be reduced to $250; and 40 41 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept 42 the recommendation of the Planning Board. 43 44 45 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 46 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 47 48 Section 1. That Application No. P13-07 -009 submitted to the Planning Board by applicant, 49 Habitat for Humanity, said application requesting approval of two variances from Section 20 -3.5 50 (E) of the Land Development Code: (1) to allow the area of a building site to be 4796 square feet, 51 where a minimum of 6000 feet is required and 47 feet of frontage where 60 feet is required; (2) a 52 variance to allow the street side yard setback to be 13 feet 9 inches where 15 feet is required all on 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 49 50 51 52 53 (2) property within an "RS -4" Single Family Residential Zoning Use district, specifically located at 6350 SW 60 Avenue, South Miami, Florida are hereby approved. Section 2. The approval of the requested variances includes includes approval of Architectural Site Plans for Lot 77,131ock 14 as prepared by Buckler Architects, (dated 1- 30 -07) and labeled Exhibit "A" 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 and setback variance are necessary because the property cannot be developed which constitutes a hardship; b) The variances requested are of a small, incremental nature and would have minimal impact on surrounding properties; c) The variances requested are a unique situation that would not be applicable to any other properties in the immediate vicinity; d) The variances requested will promote the Comprehensive Plan policies of providing affordable housing opportunities. Section 4. That the variance application fee of $2,750 is hereby waived. Section 5. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of , 2007 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY P: \Comm Items \2007 \3- 20- 07 \PB -07 -009 6350 SW 60 Av Resol.doc ON Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman: so u'r South Miami U .41 AR- America City U INCORPORATED 1927 LOR1lip) 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: February 27, 2007 Planning Board Members From: Julian P Re: Variance Requests(2) Director o lanning 6350 SW 60 Ave. PB -07 -009 Applicant: Habitat for Humanity Location: 6350 SW 60 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(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS REQUIRED; (2) A VARIANCE TO PERMIT THE STREET SIDE YARD SETBACK TO BE 13 FEET 9 INCHES WHERE 15 FEET IS REQUIRED; PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND OF REQUEST In July 2005 the South Miami Community Redevelopment Agency adopted a resolution turning over two and half lots owned by the CRA to Habitat for Humanity for express purpose of building affordable housing. The warranty deed transferring the properties requires Habitat to build two single family homes, obtain variances if necessary, and make special efforts to sell the homes to qualified residents of the CRA area. For whatever reason the lots at transfer were mistakenly joined by a unity of title. The applicant, Habitat for Humanities, previously presented a variance request for the subject property before the Planning Board at its December 12, 2006. The proposal at that time was to build a two story building. The three variances at that that time included lot size and two variances related to the second story setback. The Board recommended approval of the request by a 4 -2 vote. A second home to be built on an abutting lot at 6016 SW 63 Street was also recommended for approval. When both items appeared on the City Commission agenda in January 2007, it was determined that technically an existing unity of title combining all three of the lots needed to be released first (2) before action on the variances could be taken. The items were deferred. The release of the unity of title was done by the City Commission at its February 20, 2007, meeting. In the interim period the applicant has re- designed one of the proposed homes (6350 SW 60 Avenue). The proposed home is now a one story structure, thereby changing the variances needed for development. For this reason the item is being brought back to the Planning Board for a recommendation. SUMMARY OF REQUEST The applicant needs two variances in order to construct a single family home on the vacant lot located at 6350 SW 60 Avenue (Lot 77, Block 14, Franklin Subdivision). The applicant is requesting approval of a lot size (includes frontage) variance and a street side yard setback. The applicant, a non - profit housing organization, is proposing to build a one story home with a total of 1,317 sq. ft. of floor area. The subject parcel at 6350 SW 60 Ave. is a non - conforming property and any new construction must meet the zoning standards for the RS -4 Single Family Residential zone district. Development of the property is prohibited because the lot area of the parcel is 4,796 sq. ft. which is below the minimum required lot size of 6,000 sq. ft. Although the property's legal address is on SW 60 Avenue, the home will face SW 63 Terrace which has only 47 feet of frontage. This frontage is below the minimum required frontage of 60 feet for the zoning district (LDC Section 20- 3.5(D). The two dimensional lot size requirements results in the first variance. A second variance requested is a street side setback variance. The applicant's submitted plans show the minimum setback as 13 feet 9 inches, however 15 feet is required. APPLICABLE REGULATIONS (See ATTACHNMENT) • Land Development Code Section 20 -3 .5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals STAFF OBSERVATIONS (1) The subject site is surrounded on the north, east and west by small single family homes, many of which are located on substandard lots (below the RS -4 minimums). To the south of the property are two church parking lots. The property is vacant. (2) The lot area/frontage variance request is not a unique situation. The substandard size of plated lots is a deterrent to the development of property. It is important to note that less than 40% of the lots conform to the lot area and width requirements in RS -4 zoning district within the Community Redevelopment Agency area. (3) Habitat for Humanity builds homes that have prototypical layout.. and design that use standardized trusses and other building components to keep the homes affordable. The applicant in a letter dated October 26, 2006, claims that the substandard size of the property is a hardship and the special circumstances of providing affordable homes both justify the granting of the variances. (4) The City's Comprehensive Plan specifically states that the construction of affordable housing is a major goal of the City. Attached is an excerpt from the Plan listing the goals and policies related to the production of affordable housing. (3) (5) The variances requested will have minimal impact on surrounding properties. The variances are also necessary to use the property to create an affordable housing opportunity. (6) The applicant is also requesting that the City Commission waive the variance application fees ($2750). RECOMMENDATION It is recommended that the Board recommend approval of the both requested variances for 6350 SW 60 Avenue. The Board may also want to support a waiver of the variance application fees which action has been routinely done in the past for non - profit groups. Attachments: Comp. Plan Excerpt Application, Location Map, Letter of Hardship Survey, Site Plan LDC Applicable Regulations, Copy of Public Notices JP /SAY \P:\PB\PB Agendas Staff Reports\2007 Agendas Staff Reports\2- 27- 07\PB -07 -009 Variances Habitat 6350 Sw 60 Av.doc Comprehensive Plan (p. 99) GOALS, OBJECTIVES AND POLICIES HOUSING ELEMENT Objective 1.3 To create and maintain affordable housing for all current and anticipated future residents of the City and specifically supporting programs such as CRA and other private organizations which will result in the construction of 30 units of affordable housing and an additional 100 units anticipated to be part of the proposed Hometown Station project by the year 2005. It is projected that construction of an additional 150 units of affordable housing can be achieved through various programs and projects by the year 2010 (reducing the future deficit of affordable housing by 25 %). Policy 1.3.3 The City's Community Redevelopment Agency will implement its New Housing Program in order to acquire vacant property and provide financial assistance to construct at least 24 new affordable housing units. Policy 1.3.4 The City's Community Redevelopment Agency will provide additional incentives to private developers to construct projects with affordable housing units. Policy 1.3.5 The City will support and assist the efforts of private organizations to construct at least five affordable housing units per year. P:\PB\PB Agendas StaffReports\2006 Agendas Staff Reports \11 -29 -06 \Comp Plan.doc City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive,-#South Miami, Florida 33143 Telephone: (305) 663 -6326 Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 051) SW Gib_ The unde igned has read this con' a placation and represents that the information and all submitted materials are true and correct t e best of a 1'cant's knowledpge and belief. Applic is Signature and title Date Upon receipt, applications and all s mitted terials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PS Hearing Date of Commission Petition Required Petition Accepted Method of Payment 1/10/00 Lot(s) ]� Block 1�_ Subdivision �vnm�_ 5 �T"� Meets & Bounds: Applicant M�` Phone: • . Representative: Mho Mevvdn�n�t��L �1cCC�OW Organization: Address: NOD P w?l KWVVVn �. �i�l�Z Phone: Property Owner. M,6 _ ,66 �h � t�•� Signature: Mailing Address: 4 C(L (kW \/r Phone: chitect/Engineer. by MG Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner LOwner's Representative _Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC X Variance PLEASE CHECK ALL THAT APPLY: _ Letter of intent _ Comprehensive Plan _Special Use _ PUD Approval _Rezoning _ PUD Major Change _Special Exception _Other _ Justifications for change Statement of hardship _ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase — Current survey Lot 1 1 { _ _ 7 copies of Site Plan and 1 reduced copy @ 8.5"x11" 20% Property owner signatures or affidavit Section: Subsection: Page #: Amended Date: _ Mailing labels (3 sets) and map _ Required Fee(s) The unde igned has read this con' a placation and represents that the information and all submitted materials are true and correct t e best of a 1'cant's knowledpge and belief. Applic is Signature and title Date Upon receipt, applications and all s mitted terials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PS Hearing Date of Commission Petition Required Petition Accepted Method of Payment 1/10/00 City of South Miami Variances - Lot size, Frontage, Set back 6350 SW 60 Avenue Made by City of South Miami Enaineerina & Con � 6231 6221 6211 m 5936 (0 O 5933 5932 5933 5975 5959 5943 5931 5921 5911 5901 5891 5879 5867 saoo n 6401 6001 6443 \�n m o 6410 f0 S 60TH ST cp'� cNi� io 6410 6411 6a2o 6420 5952 6420 5949 5948 s, , 6124 6100 6430 6431 6470 C 6105 6500 r6241 6230 6004 6013 7'H E 6001 > w a N M n N ° in n m o o N rn m Wn o wn w in 6531 to 6530 6 6481 1- CF) 6501 6600 �4i 6611 6600 6601 cn W r, 6029 603 o 6621 co 5975 (D N co 6500 6631 vii 6630 6701 6121 6700 6510 6518 porn u°i 6710 6516 6711 SW 61 ST ST o 0 6532 6p3, 0 • 6520 6533 s Syp 6551 6127 6571 60�� m o M N 5987 6540 666, 6 5974 5958 to N m 0 rn o co co Lo n O A to SW 61 ST ST o9s 6221 N m o 0 0 6 60 �o o (n rn rn m cD m n ID cn `� rn r �o 6126 m w (o oa .n .n u00i u°Di co No O cla m m o 6146 O O O $ O -oti 6000 0 vwi 0 vmi K n N O n N n ° n t�0 o m n uoi 100 n w M cn rn 6208 6209 N co Ln N N 6231 6221 m m m m cc co °m co o m° 6017 04 6225 n a) S u°fi n n u) h ER N S 62ND TER m O o o 6239 co 6100 0 6253 M N o o 6255 rn N o, 6116 0 6273 6238 6273 n n n °o 0 `D o 6253 r� n o 0 6289 6288 6289 rn n n rn 6265 m m o 6255 SW 63RD 01 `n N n 'n n n 6305 6260 6301 6300 6301 N g0 6 6321 to co ro i--,,—AA 6316 6317 T 6325 c' m DO 'n m �n ro N m N m o m co °'°o o 6332 6357 n N N 0 n N 00 n 6335 6320 6a m o �� 6364 6351 6 63 50 N 62p — � m 0 .n 6373 v°fi n n n 5 Made by City of South Miami Enaineerina & Con � m m N (0 O salz O 00 r v G Zo 6 401 6400 SW 64TH ST HARDEE DR saoo n 6401 0 6443 \�n m o 6410 f0 ° cp'� cNi� io 6410 6411 6a2o 6420 SW 64TI 6420 sazl s, , 6124 6100 6430 6431 6470 I.1.1 6105 6500 6501 6461 1 Q 6510 V 6511 Q 6520 6521 64T N 6135 6441 Z C14 6531 to 6487 6530 6481 1- CF) 6501 6600 �4i 6611 6600 6601 6610 6 jam 6621 6501 ° 6620 6500 6631 6630 6701 6121 6700 6510 6518 6519 m 6710 6516 6711 Made by City of South Miami Enaineerina & Con � saoo ` N (0 O salz O 00 III 6 401 6400 LO U) n n 6429 6426 6443 co Un o 6411 6410 f0 6669 �n 6443 6442 6445 IL 6421 6420 �O 6456 6461 1 Q 6431 6430 6420 64T = 6441 6440 w 6487 ° 6481 1- CF) 6501 �4i 6500 6500 6501 ° 6505 6500 6501 6511 6510 6518 6519 m 6516 6532 0 6521 6520 6533 s Syp 6551 6571 m 6531 6530 5987 6540 666, n 6591 CO 5875 6540 CIA/ Pr--r ! CT m 5VV bb I h 1 LK 6601 c0 N N (0 O III! O 00 III ..,, n U) n n In I0® M N co Un o Un m M ao 5VV bb I h 1 LK 6601 c0 N N (0 O f0 O O 00 6647 n n U) n n rn N M N co Un o Un m M ao 6669 �n N N Lo Lnn In 0 (0 J CO L C _ o 0 5961 AVV Li/ I n t l 5 U) 5949 m 11/1312006. For any issues, please contact the Planning Department. 0 300 600 900 1,200 1,500 Feet Z Habitat for Humanity of Greater Miami building houses in partnership with God's people in need February 21, 2007 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn: Mr. Sanford Youkilis Re: Statement of Hardship for 6350 SW 60 Avenue (Planning Board Item # PB -07 -009) Dear Planning Board Members: I, Anne E. Manning, Executive Director of Habitat for Humanity of Greater Miami, hereby apply to the City South Miami Zoning and Planning Board for approval of two variances from the terms of the Zoning Ordinance of the City of South Miami, affecting the property located at 6350 SW 60 Avenue, South Miami, Florida. This is a redesign of a home previously submitted for City approval; the redesign eliminates the second story but still requires lot :size /frontage and setback variances. The hardships we face are related to special circumstances and conditions peculiar to the land and do not result from actions of the petitioner. In this particular case, the differences between required and attainable lot size /frontage and setbacks are as follows: 6350 SW 60 Avenue: Lot size — Lot frontage — Side yard setback — area provided 4,796' area required 6,000' area provided 47' area required 60' area provided 13' -9" area required 15' It is also requested that variance application fees be waived for this item. Miami Habitat is a not - for - profit 'developer of affordable housing and the aforementioned property was donated to Habitat for Humanity from the City of South Miami for this purpose. Attached for your reference is an updated variance application cover sheet. It is my understanding that all other required items are currently on file with the Planning and Zoning Department. Thank you very much for your consideration. Sincerely, ne E. Manni ecutive Dire Habitat For Humanity of Greater Miami, Inc. 3800 NW 22nd Avenue Miami, Florida 33142 z Tel. 305.634.3628 Fax: 305.638.4917 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(E) DIMENSIONAL REQUIREMENTS REQUIREMENT RS -4 Net Area (sq. ft.) 6000 Frontage(ft) 60 Second Floor Sq Footage 60% of first floor Side Setback Second 10 Story (ft) • 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 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 SOUTH fY � U " INCORPORATED • 1927 p' CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, February 27, 2007 City Commission Chambers 7:30 P.M. - - - -R CERRT- - - - - - I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7: 40 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, Mr. Davis, Mr. Farfan, Ms. Young, and Ms. Lahiff, Ms. Yates. City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning Consultant), Eve Boutsis (City Attorney), and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications / Public Hearing PB -07 -009 Applicant: Habitat for Humanity Location: 6350 SW 60 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(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW THE CONSTRUCTION OF A ONE STORY SINGLE FAMILY HOME ON PROPERTY LOCATED AT 6350 SW 60 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "RS -4" SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; THE VARIANCES REQUESTED ARE: (1) A VARIANCE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 4796 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 6000 SQUARE FEET IS REQUIRED AND 47 FEET OF FRONTAGE WHERE 60 FEET IS REQUIRED; (2) A VARIANCE TO PERMIT THE STREET SIDE YARD SETBACK TO BE 13 FEET 9 INCHES WHERE 15 FEET IS REQUIRED; PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting February 27, 2007 Excerpt Page 2 of 2 Mr. Youkilis advised that the development of the property is prohibited because the lot area of the parcel is 4796 square feet which is below the minimum required lot size of 6000 square feet. The frontage of the site is also below the minimum required frontage. The Land Development Code requires a 15 feet side yard setback and the architectural plans show 13 feet 9 inches. As a result Habitat is requesting a variance for both the two dimensional lot size and for a street sidle setback. Mr. Youkilis advised that this site had been before the Board before, and that it was a two story building at that time. The item was deferred by the City Commission because a faulty unity of title document had to be released first. It has been released by the City Commission. Mr. Youkilis advised that Habitat for Humanity has standard architectural plans which do not necessarily fit in every lot. It is important the city recognize that this will be affordable housing. Mr. Youkilis advised that the Planning Board's recommendation could be appropriate to include a waiver of the fee for $2750. This action has been routinely done in the past for non - profit groups. The City Commission has stated that they reserve to themselves the right to make the decision concerning application fees. Recommendation: It was recommended by staff that the Planning Board approve both variances for 6350 SW 60 Avenue. Chairman Morton opened the public hearing There were no speakers on this issue Chairman Morton closed the public hearin Ms. Young asked to clarify if whether these homes were strictly for South Miami residents. Ms Boutsis explained that the contract requires that Habitat for Humanity first go to residents of South Miami or people employed by the City of South Miami. Should these two criteria not be met then it may apply to those who qualify for affordable housing. Ms. Yates questioned whether any neighbors or adjacent property owners have any concerns or comments relating to the issue. Action: Ms. Young moved to approve the two requested variances for 6350 SW 60 Ave as well to reduce the variance application fee to $250. Ms. Yates seconded the motion. Vote: Ayes 7 Nays 0 PAComm Items\2007 \3 -20 -07 \Excerpt PB Mins_02- 27- 07.doc y °o y o- O•�m%m o M'M iD o FS -00_ "Oo MCDO O1 < D ioamw Qm n�mc�.dm c.: � 5cr <.T m zm mTy. o c�0 �T m'm" w os�? 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