11-27-07 Revised Item 10South Miami
All- AmerieaCily
CITY OF SOUTH MIAMI 11111,
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 200
To: The Honorable Mayor Feliu and Members of the City Commission
Via:
Yvonne S. McKinley, City Manager
From:
Julian Perez, Planning Directo lv
Date: November 27, 2007
ITEM No. 0
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-
3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW A LOT
COVERAGE "OF 31% (1580 SQUARE FEET) WHERE A MAXIMUM OF 30% (1530
SQUARE FEET) IS PERMITTED ALL ON PROPERTYY LOCATED AT 6321 SW 43
STREET WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING USE
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land
Development Code to allow a lot coverage of 31% for a single family residence located at 6321
SW 43 Street in an RS -4 Single Family Residential zone, which only permits a lot coverage
(building foot - print) of 30 %.
BACKGROUND & ANALYSIS
The purpose of the variance request is to correct a zoning violation which has existed on the
property since 1987 when a previous owner expanded an accessory structure in the rear of the
building without a permit. The square footage of the single family one story residence and
combined with square footage of the accessory building is 1580 sq. ft. This exceeds the maximum
permitted lot coverage of 1530 sq. ft.( 5100 x 30 %).
In the attached hardship justification letter (Sept. 12, 2007) the applicant's representative claims
that the current owners who bought the property in 2004 were advised that there was an
outstanding building code violation. The violation was for construction of an accessory structure
without a permit. The prospective owners were advised that an after - the -fact building permit
would remedy the situation, however, the permit could not be issued because it was determined
that the lot coverage issue existed. The applicant must obtain a variance or remove a portion of
the rear accessory structure. The applicant claims that the removal of a portion of the structure
constitutes a hardship.
In an attached supplemental letter of hardship (October 3, 2007) the applicant also claims that the
circumstances requiring the variance is not self - imposed. It is further stated that without the
variance the current owners will not have the same living space as other surrounding property
owners have obtained approvals in the past allowing for greater building capacity.
(2)
STAFF OBSERVATIONS
• The City's zoning and building code violations were a matter of public record and
although the applicant did attempt some due diligence prior to purchase, the hardship
was not caused by the City. The property purchase was a voluntarily act therefore he
claim of not being self - imposed is not valid.
A review of the City records available on nearby properties does reveal that in the
1950's two home sites were allowed additional building area.
• The applicant's claim of hardship that the correction of a continuing violation will
result in a loss of living space is not supportable.
PLANNING BOARD ACTION
The Planning Board at its October 9, 2007 meeting, conducted a public hearing and then adopted
a motion by a vote of 5 ayes 1 nay recommending denial of the variance request.
RECOMMENDATION
It is recommended that the requested variance be denied.
Documentation:
Draft resolution (if variance application is to be approved)
Planning Department Staff Report 10 -9 -07
Application
Location Map
Letter oflntent /Hardship
Survey
Planning Board Minutes Excerpt 10 -29 -07
Public Notices
JP /SAY
X: \Comm.Items\2007 \11- 27- 07\PB -07 -024 Variance 6321 SW 43 Str CM Report.doc
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APPROVAL RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-
3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW A LOT
COVERAGE OF 31% (1580 SQUARE FEET) WHERE A MAXIMUM OF 30% (1530
SQUARE FEET) IS PERMITTED ALL ON PROPERTYY LOCATED AT 6321 SW 43
STREET WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING USE
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Application No. PB -07 -024 was submitted to the Planning Board by
applicant Lauren B. Harper, Esq. on behalf of property owners Michael and Ginger Buchser, said
application requesting approval of a variance from Section 20- 3.5(E) of the Land Development
Code to allow a lot coverage of 31% for a single family residence located at 6321 SW 43 Street in
an RS -4 Single Family Residential zone, which only permits a lot coverage (building foot - print)
of 30 %. ; 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, at its October 9, 2007 meeting the Planning Board, after public hearing,
adopted a motion by a vote of 5 ayes 1 nay to recommend denial of the variance request; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the subject application submitted to the Planning Board by applicant Lauren B.
Harper, Esq. on behalf of property owners Michael and Ginger Buchser said application
requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to
allow a lot coverage of 31% for a single family residence located at 6321 SW 43 Street in an RS-
4 Single Family Residential zone, which only permits a lot coverage (building foot - print) of 30%
;is hereby approved.
Section 2.That the approval of the subject variance is based upon the following findings:
a) The impact of the existing dimensional violation constitutes a hardship on the property owner;
b) The variance requested is of a small, incremental nature and would have minimal impact on
surrounding properties;
c) The variance request is a unique situation that would not be applicable to any other
properties in the immediate vicinity.
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APPROVAL RESOLUTION
(2)
Section 3. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of , 2007
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
XAComm Items \2007 \11- 27- 07 \PB -07 -024 632143 Str Variance Resolution.doc
SOUT South Miami
All- America City
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INCORPORATED
� 1927 �
C�R�O 2001
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: October 9, 2007
Planning Board Members
From: Julian H. Pere4�?
Planning Director
Re: Variance Request
6321 SW 43 Street
PB -07 -024
Applicant: Lauren Harper, Esq.
Address: 6321 SW 43 Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-
3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW A LOT
COVERAGE OF 31% (1580 SQUARE FEET) WHERE A MAXIMUM OF 30 % (1530
SQUARE FEET) IS PERMITTED ALL ON PROPERTYY LOCATED AT 6321 SW 43
STREET WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING USE
DISTRICT; 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 a lot coverage of 31% for a single family residence located at 6321
SW 43 Street in an RS -4 Single Family Residential zone, which only permits a lot coverage
(building foot - print) of 30 %.
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 (13)(3)(h) - Powers and duties — Planning Board
BACKGROUND & ANALYSIS
The purpose of the variance request is to correct a zoning violation which has existed on the
property since 1987 when a previous owner expanded an accessory structure in the rear of the
building without a permit. The square footage of the single family one story residence and
combined with square footage of the accessory building is 1580 sq. ft. This exceeds the maximum
permitted lot coverage of 1530 sq. ft.( 5100 x 30 %).
The applicant's representative in the attached hardship justification letter (Sept. 12, 2007)
claims that the current owners who bought the property in 2004 were advised that there
was an outstanding building code violation. The violation was for construction of an
accessory structure without a permit. The prospective owners were advised that an after-
PB 07 -024
Variance Request —6321 SW 43 Street
October 9, 2007
Page 2
the -fact building permit would remedy the situation, however, the permit could be issued
because it was determined that the lot coverage issue existed. The applicant must obtain a
variance or remove a portion of the rear accessory structure. The applicant claims that the
removal of a portion of the structure constitutes a hardship.
In an attached supplemental letter of hardship (October 3, 2007) the applicant also claims
that the circumstances requiring the variance is not self - imposed. It is further stated that
without the variance the current owners will not have the same living space as other
surrounding property owners have obtained approvals in the past allowing for greater
building capacity.
STAFF OBSERVATIONS
• The City's zoning and building code violations were a matter of public record and
although the applicant did attempt some due diligence prior to purchase, the hardship
was not caused by the City. The property purchase was a voluntarily act therefore he
claim of not being self - imposed is not valid.
• A review of the City records available on nearby properties does reveal that in the
1950's two home sites were allowed additional building area.
The applicant's claim of hardship that the correction of a continuing violation will
result in a loss of living space is not supportable.
RECOMMENDATION
It is recommended that the variance request be denied.
Attachments:
Location Map
Application
Letter of Intent /Justification
LDC Applicable Regulations
Survey
Proposed Site Plan
Copy of Public Notices
JP /SAY
Z: \PB \PB Agendas Staff Reports \2007 Agendas Staff Reports \10- 9- 07 \PB -07 -024 Variance 6321 SW 43
Street Report.doc
City of South Miami PB -07 -024
Variance Request - Lot Coverage
6321 SW 43rd Street
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PB 07 -024
Variance Request —6321 SW 43 Str..
October 9, 2007
Page 3
ATTACHMENT
LAND DEVELOPMENT CODE APPLICABLE REGULATIONS
Land Development Code Section 20-3.5(E) DIMENSIONAL REQUIREMENTS
REQUIREMENT RS -4
Maximum Building (Lot) 30%
Coverage
• 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 07 -024
Variance Request —6321 SW 43 Sir..
October 9, 2007
Page 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
(8) 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
MEEM
T7 Planning & Zoning Department
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:
6321 SW 43rd Street
Lot(s) 22 Block 7 Subdivision Bird Road Estates
PLEASE CHECK ALL THAT APPLY:
Miami, FL 33155
PB . 19 -76
Meets & Bounds:
N/A
_ PUD Approval _Special Exception
Applicant:
Lauren M. Harper, Esq.
Phone: (305) 415 -9496
Representative: -
Lauren M. Harper, Esq.
Organization: Shutts & Bowen LLP
Address:
201 S. Biscayne Blvd.
Phone: (305) 415 -9496
1,580 square feet, where the Code requires 1,530 square feet.
15`h Floor, Miami, FL 33131
Property Owner:
Mr. & Mrs. Michael & Ginger
Signature:
✓ Mailing labels (3 sets) and map
—
Buchser
✓ Required Fee(s)
Mailing Address:
2731 Newburg Road
Phone: (610) 253 -8717
Easton, PA 18045
Architect/Engineer:
N/A
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner ✓ 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 (Waiver of Plat)
✓ Proof of ownership or letter from owner
;L Power of attorney
Briefly explain application and cite specific Code sections:
_ Contract to purchase
signed /1 reduced copy @ 11" x 17 ")
_ 15 copies of Site Plan and Floor Plans
The applicant requests an "after- the - fact" variance to allow for a lot of coverage of
1,580 square feet, where the Code requires 1,530 square feet.
1 reduced copy @ 11" x 17"
20% Property owner signatures
Section: 20 -5.9 & 20 – 3.5E
✓ 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 correct to the best of the applicant's knowledge and belief.
/1M . e c V- I a, 40u}
Applicant'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 NLY:
Date Filed 1,;162 Date of PB Hearing Date of Commission
Petition Required_ Petition Accepted
Method of Payment� -
11/1/05
r
SHUTTS
BOWEN
LLP
ATTORNEYS AND COUNSELLORS AT LAW
LAUREN M. HARPER, ESQ.
Member Florida Bar
(305) 415 -9496 Direct Telephone
(305) 415 -9896 Direct Facsimile
September 12, 2007
VIA HAND DELIVERY
Mr. Julian Perez
Director of Planning and Zoning
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
E -MAIL ADDRESS:
lhai-per@shutts.com
shutts.com
Re: Letter of Intent /Hardship Justification in Connection with Variance
Application for Property Located at 6321 S.W. 43rd Street, South Miami
(the "Property ")
Dear Mr. Perez:
This firm represents Mr. and Mrs. Michael and Ginger Buchser, the owners (the
"Owners ") of the above referenced Property. The Property is currently zoned Small Lot Single -
Family Residential District (RS -4) and is improved with both a single- family residence as well as
an accessory structure which lies in the rear of the Property. Ultimately, as detailed below,
pursuant to Section 20 -5.9 of the City of South Miami (the "City ") Land Development Code (the
"Code "), the Owners seek a variance from the lot coverage requirements to preserve the
accessory structure in the rear of the Property.
I. THE VARIANCE REQUEST
The Code states that lots within in a RS -4 zoning district can only be improved with
buildings that cumulatively do not exceed thirty (30) percent of such lot's total square footage.
Since the Property is 5,100 square feet, the Code requires that the Property's lot coverage does
not exceed 1,530 square feet. As shown on a survey prepared by Delta Surveyors (No. 3284),
dated July 27, 2007, the Property's lot coverage is currently 1,580 square feet. As such, the
MIADOCS 2308062 1
1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • TELEPHONE (305) 358 -6300 • FACSIMILE (305) 381 -9982 • WEBSITE: www.shutts - law.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM LONDON
Mr. Julian Perez
September 12, 2007
Page 2
Owners request a variance to increase the allowable lot coverage by fifty (50) square feet (1,580
square feet — 1,530 square feet).1
H. THE HARDSHIP JUSTIFICATION
Despite comprehensive due diligence efforts prior to taking title to the Property, the
Owners' inherited a unique situation of a zoning code violation concealed beneath a building
code violation. Consequently, if this variance is not granted the Owners will be forced to
demolish a portion of their accessory structure, a structure that they have spent approximately
three (3) years trying to preserve.
By way of background, the accessory stricture on the Property was built in 1951. In
1987, the previous property owner, Armando Hernandez, constricted an addition to the
accessory structure without a permit. On May 12, 2003, the City issued a notice of violation to
Mr. Hernandez stating that Mr. Hernandez was in violation of Section 104.1.1 'of the Florida
Building Code for work without a permit (the "Building Violation "). Pursuant to a City Special
Master Order dated September 18, 2003 (the "Order "), Mr. Hernandez was ordered to pay a fine
and apply for a permit to remedy the Building Violation. The Building Violation was the only
violation that appeared in City records for the Property at that time.
In August of 2003, the Owners became interested in purchasing the Property. As
residents of Pennsylvania and unfamiliar with the City, they hired a realtor to perform due
diligence on the Property prior to their purchase. The real-tor requested and received written
confirmation from the City that no code violations existed on the Property other than the
Building Violation. Reasonably confident that they could remedy the Building Violation by
obtaining the necessary "after- the - fact" building permits pursuant to the Order , they proceeded
with the purchase of the Property in January of 2004. But after taking the necessary steps to
remedy the Building Violation with the City's Building and Code Enforcement Departments, the
Owners were advised by the City's Planning Department that due to zoning code violations, they
could not obtain the "after- the - fact" building permit. Since that time the Owners have followed
the guidance of the previous Planning Directors at the City, each of whom had different
interpretations as to how to remedy the zoning violations on the Property.
Currently, the consensus among the Planning, Building and Code Enforcement
Departments is that the Owners must obtain the lot coverage variance requested in this letter
prior to obtaining the after - the -fact building permit to remedy the Building Violation. If this
variance is not obtained, then the Owners must demolish a portion of the accessory structure.
1 In the early 1950's, the Planning and Zoning Department granted an interior side setback exception or variance to
permit the rear accessory structure to be constructed one (1) foot from the lot line. This is evidenced on approved
plans on record in the City's Planning and Zoning Department.
MIADOCS 2308062 1
SH=S & BOWEN LLP
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON
Mr. Julian Perez
September 12, 2007
Page 3
We thank you for your attention to this matter and look forward to your favorable review
and recommendation in connection with this application.
Very truly yours,
SHUTTS & BOWEN LLP
Lauren M. Harper
LMH /lmh
M[ADOCS 2308062 1
qA. JU7t��
SHIMS & BOWEN LLP
MIAMI FORTLAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON
LAUREN M. HARPER, ESQ.
Member Florida Bar
(305)415 -9496 Direct Telephone
(305) 415 -9896 Direct Facsimile
SHUTTS
BOWEN
LLP
ATTORNEYS AND COUNSELLORS AT LAW
October 3, 2007
VIA ELECTRONIC MAIL AND U.S. MAIL
Mr. Julian Perez
Director of Planning and Zoning
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
E -MAIL ADDRESS:
Iharper @shutts.com
Re: Supplemental Letter of Intent /Hardship Justification in Connection with
Variance Application for Property Located at 6321 S.W. 43rd Street, South
Miami (the "Property ")
Dear Mr. Perez:
This firm represents Mr. and Mrs. Michael and Ginger Buchser, the owners (the
"Owners ") of the above referenced Property. As requested, please accept this letter as a
supplement to the Letter of Intent /Hardship Justification, which was submitted on September 12,
2007 as part of the above variance application.
As stated in original Letter of Intent /Hardship Justification, unique circumstances, which
were not self - imposed by Owners, apply to the structure for which the lot coverage variance is
sought. Similarly, the history of the property and the surrounding area provide more clarity as to
why a hardship exists with respect to the Property at issue. The Property is a substandard -sized
lot, which was subdivided prior to the Owner's purchase of the Property. Without a variance for
lot coverage, the Owners will not be afforded the same residential living space as many of the
surrounding property owners within the same zoning district, some of whom obtained approvals
from the City of South Miami to permit a greater building capacity. Consequently, granting the
lot coverage variance is necessary for the Owners' reasonable use of both the structure.
OCT - 4 2007 j
MIADOCS 2345645 1
1500 MIAMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • TELEPHONE (305) 358 -6300 • FACSIMILE (305) 381 -9982 -•- WEBSITE: www:shutts4aw.com''
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM LONDON
MIADOCS 2345645 1
SHUTTS & BOWEN LLP
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM LONDON
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, October 9, 2007
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: 40 P.M
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Vice Chair Yates requested a roll call.
Board members present constituting a quorum: Mr. Davis, Mr. Farfan, Ms. Chael, and Ms.
Beckman, and Ms. Young. Board Member Absent: Chairman Morton
City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications / Public Hearing
PB -07 -024
Applicant: Lauren Harper, Esq.
Address: 6321 SW 43 Street
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-
3.5(E) OF THE LAND DEVELOPMENT CODE IN ORDER TO ALLOW A LOT
COVERAGE OF 31 % (1580 SQUARE FEET) WHERE A MAXIMUM OF 30% (1530
SQUARE FEET) IS PERMITTED ALL ON PROPERTYY LOCATED AT 6321 SW 43
STREET WITHIN AN RS -4, SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
Action: Ms. Yates read the item into the record.
Planning Board Meeting Excerpt
October 9, 2007
Page 2 of 4
Mr. Youkilis advised that the application was unusual because the request was to correct
an existing zoning violation for an accessory structure in the rear of the referenced
property. The structure was previously expanded without a permit by the previous owner.
The accessory structure combined with the main structure totals 1580 square feet, making
the square footage over the maximum allowed 1530 square feet. The current owners were
advised that there was an outstanding building violation and that they could remedy the
situation if they could obtain an after the fact permit. However as part of their due
diligence and it was discovered that they could not obtain a building permit because a
zoning violation existed. The applicant has to obtain a variance in order for the accessory
structure to remain otherwise they would have to remove part of or all of the accessory
structure. The applicant claims that the removal of the structure constitutes a hardship and
the circumstances requiring the variance were not self imposed. Staff observed that
although the code violations were a matter of public record the hardship was not caused by
the City. The purchase of the property was a voluntary act and therefore the applicant's
claim of not being self imposed is not valid. Review of City records reveal that additional
buildings surrounding the referenced location were permitted expansion. Mr. Youkilis
further added that the city received a letter of opposition from Mr. Frederick Stockhausen,
the applicant's neighbor. Staff recommended that the variance request shall be denied.
Ms. Young questioned whether the accessory structure was being used as a living facility.
Mr. Perez responded there was no guarantee that someone lives in the accessory structure.
At the time of staff s site visit no individual was seen either going in or coming out. He
added that the Planning Department only looks into whether the zoning criteria have been
met and whether it complies with the LDC. Staff conducted a walkthrough of the property
however the only items staff looked into was strictly related to the variance request.
Ms. Lauren Harper representing the owner stated that after three years the City has been
very cooperative with the applicant's request. It is clear however, that the applicant will be
forced to demolish part of the accessory structure. The property is unique because it is a
small substandard size lot. She presented the Board with an aerial photograph and added
that from 1968 the characteristics of the neighborhood have been small houses on small
lots but in the year 2000 houses surrounding 6321 SW 43 Street began expanding. Many
houses in the neighborhood have homes exceeding the required lot coverage. Granting the
Buchser's a variance would remedy an unnecessary hardship. Further, Ms. Harper
emphasized that the applicant's hardship was not self - imposed. The Buchser's requested a
code violation letter from the City and the city officials responded with a letter indicating
there was one code violation caused by a pervious owner who added, without a permit, an
accessory structure in the rear of the main structure. The letter also stated the violation
may be corrected if the applicant paid a violation fine and an after the fact building permit.
She requested the Board to recommend approval for the one percent lot coverage increase
variance. She also addressed Mr. Stockhausen's letter of concern. She advised that his
concern did not pertain to the variance but rather the use of the accessory structure as an
efficiency apartment. The accessory structure has not and will not be used as an efficiency
apartment. It is being used as storage for household goods. It has an air conditioning unit
due to mold and other issues. She added that on occasion the Bucher family visits from out
of town and will stay in the accessory structure while visiting their son. Ms. Harper added
that the applicant was willing to remedy anything the city requires them to.
Planning Board Meeting Excerpt
October 9, 2007
Page 3 of 4
Ms. Young questioned if there were photos of the interior structure. Ms. Harper replied
with a negative.
Ms. Beckman asked to see a copy of the City's written confirmation letter which was
issued to the applicant and whether or not the City has open permits for the referenced
property. Ms. Harper provided the Board with a copy of the letter and replied that in 1996
aerial photographs indicate the addition did not exist however in 1997 an addition was
completed.
Ms. Yates opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Alvaro Escalona 6331 SW 43 Street Opposed
Mr. Escalona advised he was guaranteed by the realtor who was selling the house that the
accessory structure was going to be removed. The front of the house is being rented and
the rear is being used as a living apartment. He was under the impression that no structure
was allowed within two feet from the property line and the referenced structure seems to be
on the property line. The two structures are independent from each other. He added that as
long as he has been living on his property, the accessory structure has been used as a living
apartment.
Ms. Beckman questioned if there were records indicating the house was granted variance in
the 1950's. Mr. Youkilis replied there were other properties in that area which were
granted variances permitting an increase above the thirty percent lot coverage. He also
advised that there was a five foot setback requirement for any structure.
Mr. Davis questioned whether the structure could be considered as an in -law cottage. Mr.
Youkilis replied with a negative adding that the zoning code does not recognize in -law
cottages as a legal structures.
Ms. Young questioned whether the structure was an infringement on the neighboring
property. Mr. Perez replied that when staff evaluates any application only the presented
documents are reviewed and based on those documents staff recommends their professional
opinion.
Ms. Yates closed the public hearing.
Motion: Ms. Beckman moved to deny the variance application for the property located on
6321 SW 43 Street. Ms. Young seconded.
Ms. Chael stated this structure was approved for expansion when City issued a permit.
Although the use is not permitted in an RS -3 zoning district, the structure has the right to
be there. She felt the applicant followed the steps and underwent the due process of law,
and questioned whether the Board would consider granting the variance under the
conditions that the accessory structure shall not be used as an efficiency apartment. Ms.
Beckman stated it would still be non - compliant with the LDC. Ms. Yates stated the Board
Planning Board Meeting Excerpt
October 9, 2007
Page 4 of 4
would have no objections to the garage but it has been expanded and converted illegally.
Furthermore, she questioned if a South Miami resident would have to go through the
process of obtaining permits in order to convert a garage into a livable bedroom and bath.
Mr. Perez responded with an affirmative and explained that in the process of granting a
variance the applicant must prove hardship and under the circumstances staff determined
no hardship existed.
Mr. Davis asked if the applicant converted the structure to its existing garage structure with
the current distance would it infringe on the variance. Mr. Youkilis replied that if the
variance was granted the structure could remain exactly where it is located.
Vote: 5 Ayes 1 Nay (Ms. Chael)
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skills through using the imagination,
NEIGHBORS CALENDAR
I movements that can be practiced at
-CALENDAR, FROM 37
Rotary Club of South Miami: Weekly
Miami; free. 305- 255 -3656.
Rd., Coral Gables; free.
bridge, 11:30 a.m. Frid,
clothing and flat shoes: 1-3 p.m.
lunch meetings featuring speakers,
South Florida Woodcarvers: Begin - `
305- 758 74355.
Andrew's Episcopal C
fellowship and community service;
ner and experienced woodcarvers
Winning at Work and Home: A
Old Cutler Rd.; Palmei
`Rotary Club of Coconut Grove:
12:15 p.m. Tuesdays; Bernie Kosar's
welcome. Meets in room 65; 7 -9 p.m.
study group presented by Men's Fra-
annual membership. 2
Meetings feature business service,
Steakhouse, 5960 SW 70th St.,
Thursdays, except for Thanksgiving
ternity, to give men a game plan for
Disabilities: Kids 5 -16
community fellowship and interest-
South Miami; $16. Call Michael Mills at
Day; South Miami Middle School,
succeeding at work and at home;
FOR SINI
ing speakers; 12:30 p.m. Wednes -
305- 663 -6310 or send an e-mail to
6750 SW 60th St., South Miami. Call
7:30 p.m. Mondays; Miami Vineyard
Thanksgiving Day; Ex
days; Coconut Grove Sailing Club,
millsmike @aol.com.
Marvin at 305- 443 -2769.
Community Church, 14260 SW 119th
The Meeting Place: N
2990 S. Bayshore Dr., Coconut
Sew N' Sew Duilters: Join the club
South Miami Stamp Club: The group .
Ave., Southwest Miami -Dade; free;
group for mature sing
Grove; $15 for lunch. Call Derek at
and work with fabrics; 9:30 a.m.
meets in the school cafeteria; 7 p.m.
optional workbook is $11.
in meeting new peopl
305- 710 -7909.
noon every Wednesday; Griffing
Thursdays, no meeting on Thanks-
305 -234 -9600.
and days; Church of 0
Rotary Club of Opa -locka & Miami
Park Center, 12220 Griffing Blvd.,
giving Day; South Miami Senior High,
305- 234 -1673.
flower, 1270 Anastasi
Gardens: Become part of an exciting
North Miami. 305- 891 -5823.
6856 SW 53rd St., South Miami; free.
FOR OLDER PEOPLE
Gables; Parish Center:
network of business and profes-
South Dade Toastmasters Club:
305432 -0979.
City of Miami Commu
De Martino at 305 -66'
sional leaders; 6 p.m. Thursdays,
Improve your public speaking, com-
Toastmasters South Dade Club;
AARP Driver Safety Program:
Maria at 305- 485 -99S
except.for Thanksgiving Day; El
munication and leadership skills in a
Gain self - confidence in social situa-
Nationally- certified classes with two,
Original Singles Ming
Palacio Sports Hotel and Conference
supportive and light- hearted envi-
tions and improve speaking skills;
required, four -hour segments for
hosts weekly events a
Center, 21485 NW 27th Ave., North-
ronment; 7:30 -8:30 a.m. Wednes-
7:30 -8:30 a.m. Wednesdays; Sunset
ages 50 and older. Discounts may be
singles in Miami -Dade
west Miami - Dade; ninth floor; free.
days; Deli Lane Cafe - Sunset Tavern,
Tavern, 7232 SW 59th Ave., South
available from insurance companies
counties. For more inf
786- 229 -2921 or send an e-mail to
7230 SW 59th Ave., South Miami;
Miami; $50 semi - annual, plus one-
upon completion. 888 - 227 -7669
'954-260-4106.
dreamteam777 @aol.com. '
free first visit. 305- 775 -8750 or
time $20 fee for materials.
(English); 305- 261 -2858 (Spanish).
Our Lady of the Lake:
Rotary Club of Perrine- Cutler
southdade.freetoasthost.org.
305- 234 -8635.
Alper JCC Classes: Dave and Mary
month at various rest+
Ridge- Palmetto Bay; Weekly lunch
South Florida Orchid Society: An
Tropical Rose Society: Learn how to
" Alper Jewish Community Center,
ner and other activitie
meetings; 12:15 p.m. Tuesdays; Tony
evening of fun, tips and orchid.grow-
grow beautiful roses for a show.
11155 SW 112th Ave., Kendall,
and older. 305- 883 -0
Roma's,18851 S.pixie.Hwy., Cutler
ing as all the club's members demon-
Includes a demonstration of staging
305- 271 -9000, ext. 268:
305- 558 -2202, ext..
Bay; $10. Call Natalie Windsor at
strate their skills in a hands -on pro-
flowers and rose arrangements; 7:30
a Clay class, 1:30 -3:30 p.m.
Professional and Llvk
305 -252 -4853 or Michael Kest! at
gram; 8 p.m. Nov. 21; Firefighters
p.m. Nov. 20; Fairchild Tropical
Wednesdays; free.
Single (PALMS): Soci
305- 323 -2903.
Memorial Building, 8000 NW 21st St.,
Botanic Garden, 10901 Old Cutler
a Music, Movement and Singalong,
ages 25-45. Offers vai
movements that stimulate memory
ing gatherings and ac
skills through using the imagination,
throughout the Miami
I movements that can be practiced at
happy hours, cultural
home. For seniors with special
events; no membersh
needs. Wear comfortable, loose
786- 683 -0223 or 305
clothing and flat shoes: 1-3 p.m.
Thursdays, except for Thanksgiving
FOR THE DI!
Day. -
e Cards and Games; noon -3:30 p.m.
CCDH (Community C
Tuesdays and 10:30 a.m.-1:30 p.m.
Developmental Hand
Wednesdays. I
tance for.people with
a Sing'n' Swing, participants can
their families to acces
sing songs from the past; 1-2:30 p.m.
supports. 305 - 596 -11(
Tuesdays.
Dance Workshop for
Hurricane Awareness Tips: Seniors ".
Disabilities: Kids 5 -16
can enroll in a special needs shelters
in the class which feat
and apply with the Miami Dade
ment, music and prop
County Emergency Management
performance in March
Services at 305 -513 -7700. Seniors
p.m. Monday- Thursda
can also contact FPL with a list of all
Thanksgiving Day; Ex
power - dependent life support
Space, 8702 SW 1290
equipment and fill out a form by call-
305- 298 -5879.
ing 305- 442 -8770.
Exercise for Everyone
Jewish Community Services of Flor-
exercise for adults wit
Ida, Inc.: Program for Miami -Dade
abilities;9 -10 a.m. Mor
residents who are over 55, unem-
days and Fridays:
ployed, and income - eligible. Funded
a Goulds Park, 11350
l by the Florida Department of Elder
Goulds; free. 305 -234
Affairs (DOEA).; Jewish Community
305- 234 -1673.
Services of South Florida, 4200 Bis-
a Tamiami Pool, 1120
cayne Blvd., Miami. 305 - 573-0133.
Miami; free. 305 -234 -
Miami Beach Classes: North Shore
305- 234 -1673.
Park and Youth Center, 50172nd St.,
Miami Beach; free. 305 -561 -5636:
GETTING INI
a Chair aerobics for seniors: 11 a.m.
noon Tuesday.
Community Relation.
Senior Activities Group: The group
City of Miami Commu
features fun and games for seniors;
Board is accepting ap
1 -3 p.m. third Wednesdays; Concor-
residents interested it
dia Lutheran Church, 8701 SW 124th
board. The board terr
St., Miami; free. 305 - 235 -6123.
years and each memt
Senior LIFT Center: Features
to serve a minimum o'
classes, including Spanish, bunco,
month. Send applicat
canasta, mah -jongg and table pool;
of Community Relatic
The Kendall Breeze Shopping Cen-
Second Ave., 10th Flo
ter, 12480 SW 127th Ave., West Ken-
33130; through Dec. 3
dall.305- 235 -8855.
Contemporary News
Senior Program at Oak Grove Park:
cussions about currer
Features games, walking club, field
tics and controversial
trips and cards; 10 a.m. -noon Mon-
10 a.m.-noon Monday
'days, Wednesdays and Friday; Oak
Mary Alper Jewish Co
Grove Park, 690 NE 159th St., North
ter, 11155 SW 112th Ave
Miami Beach; free..305- 944 -8670.
305- 271 -9000, ext. 21
South Miami Senior Citizens Bridge
Therapeutic Laughte
Club: Meets for coffee and contract
Dynamic Club Interne
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a,
0 SW 63RD AVENUE