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04-24-07 Item 10South Miami M- AmedcaChy CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Directo Date: April 24, 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(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR SETBACK. AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25 FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE Request: The applicant, Ms. Catherine Jay, is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow the a rear setback of 8 feet vs. the required 25 foot setback in an RS -3 Single Family Residential District. The purpose of the variance request is to permit the construction of a Florida room addition at the rear of the home. The applicant's property is an irregular shaped lot with single family one story house. Due to the 25 foot required rear setback the applicant will need a rear setback variance. Legislative Background: The application was before the City Commission at its July 18, 2006 meeting at which time the Commission denied a motion to approve the variance by a vote of 2 ayes and 3 nays. Section 20-6. 1 (A)(3)(e) of the Land Development Code provides that a majority of the City Commission may vote to reconsider any public hearing item from the Planning Board which was denied or failed of passage by the City Commission as long as six months from the date of the prior hearing has elapsed. The City commission at its April 3, 2007 meeting voted to re- consider the requested variance application.. Application: The applicant correctly states that the irregular shape of the lot resulted in the construction of the house at an angle which makes it difficult to comply with the rear setback regulation. The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth for the Planning Board in Section 20-6. 1 (B)(3)(h) of the Land Development Code. Planning Board Action: The Planning Board at its June 20, 2006 meeting adopted a motion by a vote of 6 ayes 1 nay (Mr. Comendeiro) recommending approval of the variance with conditions. Recommendation: It is recommended that the variance request be approved with the following conditions: (2) (1) The room addition location and size; must be as set forth on the submitted site plan, prepared by Fernando Gomez -Pina, P.E. and dated 3 -30 -06 ; (2) An opaque landscape buffer a minimum 5 feet in height shall be planted along the rear property line from the northern edge of the room addition to the south boundary of the property. Backup Documentation: Draft Resolution LDC Applicable Regulations Application Location Map Letter of Intent/ Justification City Commission Meeting excerpt 7118106 Planning Department Staff Report 6 -20 -06 Planning Board Minutes Excerpt 6-20-06 Survey Proposed Site Plan Copy of Public Notices JP /SAY P: \Comm Items \2007 \4 -24 -07 \5841 SW 63 Ave Var.CM Report.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE 5 FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO 6 ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR 7 SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN 8 EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25 FOOT REAR 9 SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" 10 SINGLE- FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63 11 AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN 12 EFFECTIVE DATE 13 14 WHEREAS, Application No. PB -06 -018 was submitted to the Planning Board by the 15 applicant Ms. Catherine Jay requesting approval of a variance from Section 20- 3.5(E) of the Land 16 Development Code to allow a rear setback. of 8 feet vs. the required 25 foot setback on property 17 within an RS -3 Single Family Residential District specifically located at 5841 SW 63 Avenue; the 18 purpose of the variance request is to permit the construction of a Florida room addition at the rear 19 of the home; and 20 21 WHEREAS, the approval of a variance requires a recommendation from the Planning 22 Board and the approval of the City Commission after a public hearing; and 23 24 WHEREAS, on June 20, 2006, the Planning Board, after public hearing, adopted a 25 motion by a vote of 6 ayes 1 nay to recommend approval of the requested variance with 26 conditions; and 27 28 WHEREAS, the City Commission at its July 18, 2006 meeting failed to approve the 29 subject variance request; and 30 31 WHEREAS, Section 20- 6.1(A)(3)(e) of the Land Development Code provides that a 32 majority of the City Commission may vote to reconsider any public hearing item from the 33 Planning Board which was denied or failed of passage by the 'City Commission as long as six 34 months from the date of the prior hearing has elapsed; and 35 36 WHEREAS, the City commission at its April 3, 2007 meeting voted to re- consider the 37 requested variance for 5841 SW 63 Avenue; and 38 39 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept 40 the recommendation of the Planning Board. 41 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 44 OF THE CITY OF SOUTH MIAMI, FLORIDA: 45 46 Section 1: That the subject application submitted to the Planning Board by the applicant, 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 (2) requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow a rear setback of 8 feet vs. the required 25 foot setback on property in an RS -3 Single Family Residential District specifically located at 5841 SW 63 Avenue; is hereby approved with the following conditions: (1) The room addition location and size must be as set forth on the submitted site plan, prepared by Fernando Gomez -Ping, P.E. and dated 3 -30 -06 ; (2) An opaque landscape buffer a minimum 5 feet in height shall be planted along the rear property line from the northern edge of the room addition to the south boundary of the property. Section 2: The City Commission finds that the applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth in Section 20- 6.1(13)(3)(h) of the Land Deve4lopment Code which states that "....a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner cf such property as distinguished from reasons of convenience, profit or caprice Section 3: That this resolution shall be effective immediately upon execution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY P: \Comm Items\2007 \4 -24 -07 \5841 SW 63 Ave Var. Resol.doc day of , 2007 APPROVED: MAYOR Commission Vote: Mayor Feliu Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts Commissioner Beckman: PB 06 -018 Variance Request -5841 SW 63Ave. June 20, 2006 Page 3 of 4 ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20- 3.5(E) DIMENSIONAL REQUIREMENTS REQUIREMENT RS -3 Rear Setback 25' • 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 PB 06 -018 Variance Request -5841 SW 63Ave. June 20, 2006 Page 4 of 4 property owners, indicating their awareness of 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 (S) Open space (9) Signs (10) Landscaping • Land Development Code Section 20- 6.1(B)(3)(h) - Powers and duties Planning Board (h) The board shall review and make recommendations on all applications for variances from the requirements of this Code for yard setbacks, lot size, lot coverage, building height, fences and walls, impervious coverage, off - street parking, open space, signs and landscaping. Recommendations for a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. 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: 9 Subdivision Twin Lakes LLoBt(s)572- 82Block Meets & Bounds: 5841 SW 63rd Ave Miami FL 33143 Applicant: Phone: Catherine Jay Representative: Organization: Address: Phone: Property Owner: Signature: Catherine Jay Mailing Address: Phone: 5841 SW 63rd Ave, Miami, F'L 33143. Architect/Engineer: Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: XOwner 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 Variance _ Letter of intent —Zoning Map Amendment __Special Use —Justifications for change _ PUD Approval —Special Exception _ Statement of hardship _ PUD Major.Change __Other _ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase _ Current survey (1 original sealed and signed /1 reduced copy @11" x 17 ") _ 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" _ 20 % Property owner signatures Section: Subsection: Page #: Amended Date: _ Mailing labels (3 sets) and map _ Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and r� rrect to the best of the ap , cant's knowledge and belief. _ App 'cant's Signature and title Date Upon receipt, 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 8 /2/00 LETTER OF INTENT DATE: May 24, 2006 TO: CITY OF SOUTH MIAMI FROM: CATHERINE JAY 5841 SW 63RD AVE MIAMI, FLA. PROPERTY ADDRESS: 5841 SW 63" AVE FOLIO: 09- 4025- 039 -0540 REQUEST: TO PERMIT A FLORIDA ROOM ADDITION 28.4 FT X 12.45 TO BE SET BACK 7.6 FT WHERE 25 FEET IS REQUIRED. PLEASE HAVE INTO CONSIDERATION THE FOLLOWING: THE LOT IS AVERY IRREGULAR LOT THAT LOOKS LIKE A FAN AND THE LOCATION OF THE ORIGINAL CONSTRUCTION OF THE HOUSE IS IN AN ANGLE. WHICH MAKES IT RAPOSIBLE TO COMPLY WITH THE ZONING SET BACK REGULATIONS. I CAN NOT ADD TO THE LEFT SIDE BECAUSE ON ONE SIDE I HAVE THE GARAGE AND THE KITCHEN AND ON THE RIGHT SIDE I DO NOT HAVE THE SET BACKS REQUIRED. WE ARE A FAMILY WITH GRAND -KIDS THAT NEEDS A PLACE TO STAY WITH ME AND PLAY AND WATCH TV. I DO APPRECIATE ALL YOUR HELP IN THIS MATTER. SINCERELY, 1 CATHERINE JAY City of South Miami PB -06 -018 Variance Request -Rear Setback 5841 SW 63�d Avenue mm ;.. _ . _ - w .DR. , , i o . ' &701 ; D � I f /r ' 5751 8111r / ' LIJ 5709 i 0111 (,If •A_\ 822 SM eml - -5W K X11 mo Mot 610: 6116 I e11+ , 610: on ezn ez1 MI? � ll o "'�-� / 5a0 i sail 59+.5 I_+ t // ~ ! \ �a 1 'y 5151 I Cds1 &'�15 V 5500 ` MM � j �(iJ� �1� Q. 1 I., sw � `f � jy( —C� yL--- �-- 00 a' 3317 BMO 690 822D 10 82D0 5317 I 1 9921 r .r �r cq U `3900 t: I I _� � - 93m 997D 1 934,^ Ste! I l� � e„ =, �, �„ �6 i �' �4 _ SAO 3X1 3m 7961 WDI Lb moo e000 0001 e000 a SUN P ♦:! WD- e010 ' Mot eml iml ex) mef � �� eo ic�— 6 1 S ' • � e1_r e,1s ` / 1 eo90 i / i r� ego e64' ].\ , MA�� �'.', 500 Foot Radius Map Approximate Scale: 1" = 250' Address/Location: 5841 / SW / 63RD / AVE / Legal Description: TWIN LAKES MANOR SUB PB 57 -82 LOT 2 BLOCK 9 LOT SIZE 10140 SQR FEET City of South Miami Regular City Commission Minutes July 18, 2006 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, July 18, 2006, beginning at 7:15 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Horace G. Feliu, Vice Mayor Randy G. Wiscombe and Commissioners Velma Palmer, Marie Birts and Jay Beckman. Also in attendance were: City Attorney Luis Figueredo, City Clerk Maria M. Menendez and Acting City Manager Yvonne Soler - McKinley. R. Invocation: The invocation was delivered by Vice Mayor Wiscombe. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) 1) State Representatives Marco Rubio and David Rivera briefly addressed the Commission. Rep. Rubio then presented a "ceremonial check" in the amount of $1.8 million which is what the City received this year from the State budget. 2) Planning Department presenting EAR State response. This presentation was conducted by Planning Director O'Donniley. He concluded the presentation by saying that we are now authorized to conduct the studies and the amendments to text that we identified in the EAR process and that he will be keeping the Commission informed on our progress as we move forward. We have one year from May 19th to come forward to the State with any amendments to the long -range plan. Ms. McKinley said that she has requested that the Department of Transportation conducts the traffic management study for the City since they impact the City of South Miami on two borders. REGULAR CITY COMMISSION 1 MINUTES - July 18, 2006 that they are in the right -of -ways, and that they obstruct the sidewalks making it almost impossible for people to walk through. She also said that they leave their tables and chairs outside instead of storing them inside. Ms. McKinley said that she has instructed Code Enforcement to put together a letter to be sent to all the restaurants in the City, delineating our policy with regard to outdoor dining, which includes their responsibility for cleaning and for storing tables and - chairs . Vice Mayor Wiscombe asked the Manager to include the original layout with the letter to restaurants. David Tucker Sr. said that the restaurants are abusing the rules. Commissioner Palmer said that we may need to increase the number of officers because of all the problems we have. Vice Mayor Wiscombe concurred. Mayor Feliu said that this will be a topic to discuss during the budget. Ms. McKinley explained that after discussing this issue with the Code Enforcement Manager, it seems to be that the big load of administrative work keeps the officers inside for too long; therefore, what they are preparing to propose is to hire a part - timer to handle the paperwork in the morning so that all the officers could be on the street all day. If this does not prove to be the solution, then they will contemplate hiring an additional full -time officer. With no further comments or discussion, the motion to approve this item passed by a 5 -0 vote: Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea Vice Mayor Wiscombe: Yea Mayor Feliu: Yea 28. 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(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN EIGHT FOOT REAR SETBACK WHERE A REGULAR CITY COMMISSION 14 MINUTES - July 18, 2006 MINIMUM 25 FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5541 SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 4/5 (City Manager) Moved by Commissioner Birts, seconded by Mayor Feliu to approve this item. Mr. O'Donniley presented this item. Vice Mayor Wiscombe said that even though these are treated on a case -by -case basis, the approval would be setting a precedent. He then made reference to an applicant who came before the Commission asking for permission to build a garage around Dante Fascell and the Commission denied it because it was a similar situation such as this one. He said that he has a real concern about this Commissioner Palmer said that her concern is also about setting precedent. She then referred to another request where the applicant was short just a few feet and the Commission turned him down. She also said that she is not convinced that there is any hardship on this property. Commissioner Beckman concurred with Commissioner Palmer saying that he does not see a hardship either. He said that the 1,700 sq ft that the house has is a very reasonable use of that property, and that is riot a small house: He said that granting a variance is based on finding a hardship. Mayor Feliu asked staff that if it does not meet the requirements, then, how did it got to the Planning Board to begin with. Mr. O'Donniley explained. that anyone has the right to apply. The Planning Board did find a hardship because of the shape of the lot which is an irregularly shaped lot. Mayor Feliu said that sometimes you move into a house and if you do not have money you do not go that extra mile to investigate. He said that in his opinion this particular case will not be setting any precedent because it is unique, and even with the requested addition, the property would not become a real big house anyway. Commissioner Birts said that the lot is a weird one, and the problem is that there are many others in a similar situation. We need to fix the problem in order to take care of cases such as this one. She said that she does not think that we are setting a precedent over the others. REGULAR CITY COMMISSION 15 MINUTES - July 18, 2006 Vice Mayor Wiscombe said that we have fixed it because we have guidelines that we need to follow. Commissioner Beckman said that according to the law, we cannot grant variances unless they meet the hardship criteria. In addition, he said that there is a very common sense principle by which only a minimum variance required would be granted for the reasonable use of the property. At this time speakers were sworn in and the quasi - judicial hearing was opened. Applicant Catherine Jay addressed the Commission. She said that she has lived and worked in South Miami for over thirty years. She said that all she wants to do is close her patio, while she sees enormous homes being built all around her. She said that she was informed that she had to have a hardship and that she believes that the hardship in her case is the shape of her property. She said that she did not build the house in 1957, but that she has been there for thirty years. She said that it is unfair that she is not allowed to close her patio. She said that the Commission should take into consideration that she is a single parent who raised three children, one in the army, and all she is requesting is to be able to put a little extra on the back of her house. David Tucker Sr. said that he believes that there is a real hardship on this property due to the shape of the lot. Vice Mayor Wiscombe said that he understands that; however, the surrounding properties are in a similar situation and they can ask for the same thing. Sharon McCain said that she concurs with the Vice Mayor because they could be opening a "Pandora's box" by approving this. She said that we may get sued if we do not follow the rules. She said that there is no hardship here. At this point Mr„ O'Donniley clarified that the existing slab is conforming with the Land Development Code regulations. With no more speakers the public hearing was closed. With no further comments or discussion, the motion to approve this item failed by a 2 -3 vote: Commissioner Palmer: Nay Commissioner Birts: Yea Commissioner Beckman: Nay REGULAR CITY COMMISSION 16 MINUTES - July 18, 2006 SOU7, South Miami r All- AmrficaCft H 1 U INCORPORATED 19 r C0R1D zoos CITY OF SOUTH MIAMI To: Honorable Chair & Date: June 20, 2006 Planning Board Members From: Don O'Donniley Planning Director PB -06 -018 Applicant: Catherine Jay Location: 5841 SW 63rd Avenue Re: Variance Request 5841 SW 63 Ave. Request: 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(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25 FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow the a rear, setback of 8 feet vs. the required 25 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to permit the construction of a Florida room addition at the rear of the home. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20 -3 .5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals • Land Development Code Section 20- 6.1(B)(3)(h) - Powers and duties Planning Board BACKGROUND & ANALYSIS The applicant's property is an irregular shaped lot with a lot area of 10,140 sq.ft. A rectangular single family one story house with 1720 sq.ft. is located on the lot. The irregular shape of the property results in a variable rear setback ranging from 20 feet to PB 06 -018 Variance Request —5841 SW 63Ave. June 20, 2006 Page 2 of 4 34 feet. The applicant's current plans are to add a 353 sq.ft. room addition (28'x 12') at the rear of the building. Due to the 25 foot required rear setback the applicant will need a rear setback variance. STAFF OBSERVATIONS The applicant correctly states that the irregular shape of the lot resulted in the construction of the house at an angle which makes it difficult to comply with the rear setback regulation. • The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth for the Planning Board in Section 20- 6.1(B)(3)(h) which states that "....a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. In order to provide a buffer between the room addition and the abutting properties to the rear it would be appropriate to require a landscaping screen along the rear property line. RECOMMENDATION It is recommended that the variance request be approved with the following conditions: (1) The room addition location and size must be as set forth on the submitted site plan, prepared by Fernando Gomez -Pina, P.E. and dated 3 -30 -06 ; (2) A opaque landscape buffer a minimum 5 feet in height shall be planted along the rear property line from the northern edge of the room addition to the south boundary of the property. Attachments: Location Map Application Letter of Intent /Justification LDC Applicable Regulations Survey Proposed Site Plan Copy of Public Notices DOD /SAY E:\PB\PB Agendas Staff Reports\2006 Agendas Staff Reports \6- 20- 06\PB -06 -018 Variance5841 Sw 63 Report.doc CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes/Regular Meeting Tuesday, June 20, 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 7:31 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Comendeiro, Ms. Lahiff, Mr. Beilman, Mr. Davis Mr. Farfan and Ms. Yates. 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 E. Lauderman (Planning Board Secretary). IV. Planning Board Applications / Public Hearings Applicant: Catherine Jay Location: 5641 SW 63 Avenue Request: 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(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REAR SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN EIGHT FOOT REAR SETBACK WHERE A MINIMUM 25 FOOT REAR SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 5841 SW 63 AVENUE, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. Planning Board Meeting Excerpt June 20, 2006 Page 2 of 3 Action: Mr. Beilman read the item into the record. Mr. O'Donniley explained that the applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow the rear setback of 8 feet versus the required 25 foot setback in an RS -3 Single Family Residential zone. The purpose of the variance request is to permit the construction of a Florida room addition at the rear of the home. Also, Mr. O'Donniley indicated that the applicant's property is an irregular shaped lot with a lot area of 10,140 sq.ft. Furthermore, the applicant's rectangular single family one -story house with 1,720 sq.ft. is located on the lot. He noted that the applicant's current plans are to add a 353 sq. ft. room addition (28'x12') at the rear of the building. Due to the 25 foot required rear setback the applicant will need a rear setback variance. In addition, Mr. O'Donniley provided the following staff observations: • The applicant correctly states that the irregular shape of the lot resulted in the construction of the house at an angle which makes it difficult to comply with the rear setback regulation. The applicant's claim of hardship due to the irregular shape of the lot is supportable under the variance decision criteria set forth for the Planning Board in Section 20- 6.1(B)(3)(h) which states that "....a variance shall be made only when necessary to relieve particular hardships or extraordinary conditions relating to a specific property, and when the strict application of a particular regulation would result in peculiar and exceptional hardship upon the owner of such property as distinguished from reasons of convenience, profit or caprice. • In order to provide a buffer between the room addition and the abutting properties to the rear it would be appropriate to require a landscaping screen along the rear property line. Recommendation Staff recommended that the variance request be approved with the following conditions: (1) The room addition location and size must be as set forth on the submitted site plan, prepared by Fernando Gomez -Pina, P.E. and dated 3 -30 -06 ; (2) A opaque landscape buffer a minimum 5 feet in height shall be planted along the rear property line from the northern edge of the room addition to the south boundary of the property. Applicant: Ms. Catherine(Jay applicant/homeowner) Ms. Jay explained she has an irregular lot which caused the original construction of the house to be at an angle which makes it impossible to comply with the rear setback requirement. She indicated that she can not add to the left side of the house because on one side she had the garage and kitchen and on the right side she does not have the required Planning Board Meeting Excerpt June 20, 2006 Page 3 of 3 setback. To conclude, she stated that the use of the proposed addition will give her more space to spend time with her grandkids. Chair Morton opened the public hearing. Speakers: NAME David Tucker ADDRESS SUPPORT /OPPOSE Supported Mr. Tucker stated that he believed that due to the irregular lot it did cause a hardship and that the variance should be granted due to the hardship. Payton Anness Supported Mr. Payton indicated he was the neighbor to immediately to the south and he supported adding in the Florida room. He stated he had no problem with the variance being granted. At this time, the Board and staff discussed the application. Mr. Comendeiro inquired about current concrete slab at the rear of the house. He commented that setbacks for the concrete slab appeared to be different from setbacks for driveways. Chair Morton closed the public hearing. Motion: Ms. Lahiff moved to approve the application with the following conditions: (1) The room addition location and size must be as set forth on the submitted site plan, prepared by Fernando Gomez -Pins, P.E. and dated 3 -30 -06 ; (2) A opaque landscape buffer a minimum 5 feet in height shall be planted along the rear property line from the northern edge of the room addition to the south boundary of the property. Ms. Yates seconded the motion. Vote: Ayes 6 Nays 1 (Mr. Comendeiro) EAComm Items\2006 \7- 18- 06\Excerpt PB Min 6 -20 -06 Variance.doc LOCATION SKETCH LEGAL DESCRIPTION LOT 2 BLOCK 9 SUBDIVISION TWIN LAKES MANOR >UIB,_ ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 57 AT PAGE 82 OF THE PUBLIC - RECORDS OF MIAMI -DADE COUNTY, FLORIDA. ADORESS:5841 SW. 63rd AVE. MIAMI, FL 33143 FOLIO: 09- 4025 - 039 -0540 DATE OF FIELD SURVEY 03/09/2006 I2r � r 4 / 2 / i FLOOD ZONE: AE COMMUNITY No_ 120635 PANEL: 190 SUFFIX: _j_ DATE OF FIRM_ 07.jjZ4S BAS �OOp: 9.00 AMINATION- OF THE ABSTRACT OF TITLE HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, IF ANY AFFECTING E PROPERTY. LOCATION AND IDENTIFICATION OF UTILITIES ON AND /OR ADJACENT TO THE PROPERTY WERE NOT SECURED .SUCH. INFORMATION WAS. NOT REQUESTED. OWNERSHIP IS SUBJECT TO OPINION OF TITLE. -UNDERGROUND )UNDATION AND UTILITIES NOT LOCATED. DR: CATHERINE JAY RDER No.: 0603 -28 T R E. V&f fGA. ATE: 03/06//2006 PROFESSIONAL SURVEYOR AN MAPPER N0.3106 STARE OF F FMA RAWN BY.-M.C. NOT VALID UNLESS Sra= do MOSSED SEAL. tEVIOUS REF.: ORDER No DATE DESCRIPTION DRAW BY 7CARIBBEAN LAND SURVEYORS, INC. 11665 Sett' 26th ST. BLDG. I, SUITE 13, MIAMI, FL 33175 TELEPHONE: (3 05) 227 -6067 'FAX: (305) 227 -7142 Ta —1►A' R TT . P A T?TTDTDT, A TCTOTTD'17rmvn A r,r r -TAP OF BOUNDARY SURVEY SCALE: 1"=30'. / F.LP 1 0 • f LOT 1 L =1.64' R._751 D 0.0 '29'� cJ \ LOT 25 0 \ \` •\ \\ �` Is LOT 3 5 dv .r A — ARC CONC.— CONCRETE ELEV.— ELEVAMON MVJL— OVERHANG. P.C.P.— PERMANENT CON7ROL POINT. S— SOU7H. AYE — AVENUE CT.— COURT F.N. — FOUIID MAL O.W.— OVERHEAD WIRES. P.O.C.—. POINT OF COMYOiCEMETIi SEC.— SECTION. B DC.— BUILDI N9 _DJI E —' DRATNACE AND - F N D.— "FOIAID W/41L & TUISC. PAL— PLAT BOOK P.R.E.— PERMANENT AEiETtOLCED SU P.— SET RON PIPE BM.— BENCHMARK MAINTEFIANCE EASEMENT. FT.— FEET. P.C.— POINT OF CLWAIURE. MONLI ENT. SJLDr SET HAL & DISC. C.— CURVE E— EAST LN.— LANE. P.O.B.— POINT OF MEN OWL R._ RACM SOL— SIDEWALK C.B:— CATCH BASIN' ENC;— ENCROACH' MEM— MEASURE P.O.C.— PONT OF COMPOUND RAD,— RADIAL. T.— TANGENT. C.B.S — CONCCREIE BLOCK ESIT.— EASEMENT Id/L.— MONUMENT LHE. CURVE In— ROAD. TEAR.— TERRACE. STRUCTURE FJ1H — POUND DALL HOLE M/S.— METAL SHED. P.M— PAGE REr.— .RECOW 71W:— 70 CH. — CHORD F.F. 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Z� �'ssO .O F' �Z '<OaWigia7aZ -u cm mm1QE �1O m mmg £toQ at w2 Ax°d E tmw� a amicv E °i`m Aid p'pmm Emt C0 m O° .!m ti N n ya 4 N W m•E �'Zg E cEg «0mz v � ?�`mumroEw'n «nao n �E Zo @SMmmoc. `m-' m Om�'Ea E E�10 a.�m aac m3 ° $ °6 vw en ocmE�m�U°'��'c°on ya E Qs'; .�°cm�v -�? C7 Um m a m:o ga �t m gWs aa�i �ac Hm� �T�Cdm -oc m rr3 m J m °�mo - m o m ? ¢Q mE m m n m m E �mm yw ° m- Qrte CI t a > m «n c - mmm m ` ' � ° m p2 a<� ue armm 1 -E >Z> O ¢�dZ_ n L� c a mEca � 'm ° m 2 .n f OLL mz :2 id Fm a S .°w m cG m`m cm n° aLL m ¢ ¢ a u U. N O m x n°o °n m o q 3 w> 2mO1L E m O c Y Q : FF m t 3 WO p m >¢ U z U n m WO For Parents.,& Caregivers of o� l oxaop Children 0- 5 'years of age a These special family and caregiver workshops are supported by The Children s Trust. Z .: N Topic The CMr'IdM&STtvst Family Health issues Tha workshops will offer participants information and activities s on health topics which include critical developmental . E milestones, communicable diseases, prevention of accidents specific to age groups, review of infant/child CPR and the _ Heimlich, issues of childcare health. Arc South Florida will be providing: o j • A $20.00 Publix gift certificate for each family that attends the r Workshop i • Free Child Care during the Workshop 1 Snacks and Refreshments Date: April 1 g Location: Are Project Thrive Kendall Time: 6pm to 11025 SW 84 Street. Cottage #7.'Kendall, 33173 Florida City: Tel (305)246 -3530 interested in attending Tel•.(305)246 -4585 PRE- REGISTER -Space is limited Kendall: Tel (305) 279 -4141 ...Need more information... ARC would like to give special thanks to The Children aTrust for 1 their vision and commitment to the children and families of II Miami -Dade County. I The Association for Retarded Citizens is in part funded by The Children s Trust. The Trust is a dedicated source of revenue A� yr� established by Voter referendum to improve the lives of children Mwwwaresofla.org_ _ 1 and Families in Miami -Dade County. - I COURTESY NOTICE 1 FLORIDA C ITif OF SOUTH MIAMI, S Sunset Drive, the City jj .m. in the City commission Chambers, 6150 f On Tuesday, April 24, 2007, beginning at 7.30 p i Commission will hold Public Hearings to consider the following items: CREATEISECTION 20 -4112 ENTIT EDZREGULATIONS PERMITTNIG LAND OGSENEOUTDOOR SEATING AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS ". REGU �S OF THE SOH IAMI LAND AN 7ORDINANCE AMENDING SECTION 90-4.3 I4 DEVELOPMENT CODE IN ORDER TO REGULATE THE PLACEMENT LA IBANNER SIGNS 0 E6 PUBLIC STREETS; PROVIDING FOR APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES AND AN ( APPROVAL PROCESS. I AN - ORDINANCE AMENDING SECTION 20 -7.6 ENTITLED "PARKING" OF THE SOUTH- MIAMI LAND RELATING TO I 'HE HOMETOWN. PARKING COMMITTEE AND SUBSTITUTING REFERENCES ITOITHE NEWLY CREATED' PARKING BOARD. DEVELOPMENT DISTRICT E A RESOLUTION FOR SPECIAL EXCEPTTR�� T OVERLAY) DZONING DISTRICT TO PERMIT SPECIAL EXCEPTIONS N DISTRICT ^ OR M 5 /o HO F 8 I SPECIALITY RETAIL ( 20.711 IN ORDER T0: (1) ALLOW A TOTAL LOT COVERAGE 0 S 20 -7.8B, 20- 7.tOB, DIXIE HIGHWAY AND ION DI t ° TO SECT COVERAGE ON SOUTH G 26,833 SQUARE FEET WHICH EXCEEDS THE MAXIMUM STREET; LOT MAXIMUM PERMSTTED BUILD BUILDING SQUARE FOOTAGE OF 20 000 S20 ARE FEET; (3)LALLOW A EXCEED RB CUT TO G BE LOCATED ON SW 59th COURT WHICH LOCATION IS NOT SHOWN ON THE HOMETOWN DISTRICT REGULATING PLAN; ALL FOR PROPERTY GENERALLY LOCATED AT 5966 -70 SOUTH DIXIE HIGHWAY. A RESOLUTION FOR SPECIAL USE APPROVAL TO LOCATE A BOWLING ALLEY/ RESTAURANT/ ENTERTAINMENT " i CENTER TO BE CALLED SPLITSVILLE IN THE "SR (HD -OV) SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5701 SUNSET DRIVE (SHOPS AT SUNSET PLACE). i A RESOLUTION FOR A VARIANCE TO ALLOW A ROOM ADDITION TO A SINGLE FAMILY HOME IN THE REA SETBACK AREA RESULTING IN A VARIANCE REQUEST TO PERMIT AN EIGHT FOOT REAR SETBACK WHERE A j MINIMUM 25 FOOT REAR SETBACK ISREQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE- FAMILY RESIDENTIAL USE DISTRICT; LOCATED A15841 SW 63 AVE., SOUTH MIAMI, FLORIDA. 4 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 I City Clerk I Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made he or she will need a record of the proceedings, and e this Board, - i Agency or commission with respect to any matter considered at its meeting or hearing, I 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 babased. E