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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 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 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. 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 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 c� 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 may, SW 39TH ST U M 04 zo 3901 N 3915 U) 3923 N j N b r 3925 Q H SW 39TH TER 3935 3945 1 i 1 j 1 1 1 1 1 m 1 1 6. m °o 0 BIRD RD 1 1 6340 6262 1 6330 41ST j 6330 1 �' 6279 1 + i m SU JE T j 6302 • L51 1 63gS 6307 6291 6 1 SW 42ND TER T-1 6250 v i 1 1 N 6295 m 1 SW 43RD ST i 1 rn 6332 6302 1 1 m � M m 1 1 SW 44TH ST 4037 6420 � - a N ST a pp9� 4480 4521 4500 4 90 � 6267 + s °s $ 6419 � m o 6321 3990 1 i 1 j 1 1 1 1 1 m 1 1 6. m °o 0 BIRD RD 1 1 6340 6262 1 6330 41ST j 6330 1 �' 6279 1 + i m SU JE T j 6302 • L51 1 63gS 6307 6291 6 1 SW 42ND TER T-1 6250 v i 1 1 N 6295 m 1 SW 43RD ST i 1 rn 6332 6302 1 1 m � M m 1 1 SW 44TH ST 4037 6420 6470 SW 4Ab v Z9 a N ST a SW 42ND TER W Q = 4400 LO 4416 N U 2 F- 4428 3: 4440 4500 )00 SW 4:SKU 0I o_ o0 I �' 1 6400 4405 1 6380 6330 6302 625p 6380 4401 4450 Lil G gg2p Q 4460 4523 4470 pp9� 4480 4521 4500 4 90 0 300 600 900 1,200 1,500 Feet 6250 4025 4033 4101 4125 1 4135 11 4441 4501 V 42ND ST M 4225 4233 4241 4249 4309 4317 T�- 6230 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 SOU7, J .0 fr , , Ri Q « 0 ^a " 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) XAComm Items\2007 \11- 27- 07\Excerpt PBMins10- 09- 07.doc 3nN3AV GM MS �® J ° CD ps 11 U � ° 5 z 2 -8 w Aga 00 z FS w w o °ffio a w9'W gg�g 1-- E° -!a a9 m �o , z€a w a � -� M �s a o� �L z �m ° her -Q6Q° QW �diH - OHMS`�<B o h U aw �� N 0 3� e� =e�Na ztn gaa °8 � W�m� Wzw �g ����� � � a�2F- 3 €� �? -6 0� �� Y�� _tea" 3 °o w s SNP g gXi4slgoloa w, -'E-' Mah-N = Qeo� � good M< � E v rn-8 o~ W w $ � _ jp FF•H•,--II mo�wj.. II � �o qn wY o G^ n -mod£" m.i �� O� �Q a a Fad 4,,v° r g �n°�' °,n �N c)m II g "�N�� F�� mp W w �E� oil f5 � a 0 C! L >100l8 �Z ;o-1 0 o z ,00'00 L= pa -msDG nl 2g paooa�j o 00' �CD 3 Q ,OVO QN c� Q% Cd ` WI �o i 3 I s o .6911 ,9ti0�6 41 CD J 09 6Z o O II :. -v ,� 3 s I F •'a `n d o . •: c : ��x: ; - :... c t- . I- o o S IJ �n a aJOlJO '"� - "�'• . :a I N . O rn O - r. +'. '. C . N SS3OOV ON 01 ON adld uoil o ,00' Z b (cLl1) aavaJ pooh o punoj D' o Co ,00'00 L= pa -jnsoaw vp paooazj M L >taol8 LZ -401 38 0 N LU M >. 0 Z a 0 N d �o. x a f 0 o� 'a E 0 E m f LL 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 s "'o o� c ocO1v� g e? E 0 o V �• leI , -n 'Z O° 'W S. �j¢ '.<W 0 C7°ZwW¢UW2F_- Oc~iiZOaa =m ,QCr QQO=3 m00zmogO�WQ�RI¢F•'.. (7¢0 °d >h¢0... zaa WWa=w3Fz . Ew U.UC FOgOO.m LLZw`24F¢- �. 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