11-27-07 Revised Item 11CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager r�
From: Julian Perez, Planning Directo4
Date: November 27, 2007 ITEM No.
Subject:
South Miami
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2001
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION
20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET
WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND A
MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED ON PROPERTY
LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61
AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "MO" MEDIUM- INTENSITY
OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
PERMIT THE CONSTRUCTION OF A FOUR STORY MIXED USE BUILDING; AND
PROVIDING FOR AN EFFECTIVE DATE
APPLICANT'S REQUEST
This request is a re- application seeking approval of a previously approved variance from Section
20 -3.5G of the Land Development Code to allow the net area of a building site (NE corner of .
SW 71St Street and SW 61St Ave) to be 9,927 square feet where a minimum of 10,000 feet is
required and 95 feet frontage where a minimum of 100 feet is required. The subject property is
within the "MO" Medium — Intensity Office zoning district. The applicant seeks a variance in
order to redevelop the property, which is currently vacant. The applicant is proposing to build a
new four story office building including three residential units and 9500 square feet of office
space.
LEGISLATIVE HISTORY
This item was before the Planning Board on May 10, 2005 at which time the request was
unanimously approved. The City Commission at its June 14, 2005 meeting formally approved the
variance.
It is important to note that Section 20 -5.9 (A) of the Land Development Code provides that
approved variances shall lapse after six (6) months if no substantial construction has occurred,
unless the City Commission extends an approved variance beyond the six month period. The
LDC also provides that the City Commission may grant an extension only "....if a proper and
timely request is made by the applicant prior to the expiration of the six (6) month period ".
The applicant at the time of the initial approval of the variance anticipated a delay period and
requested that the City Commission allow the approved variance to be extended a full year until
June 14, 2006.(ResolutionNo. 82- 05- 12061)
(2)
A year later the applicant requested an additional one year delay which was approved by the City
Commission at its May 16, 2006 meeting (Resolution No. 77 =06- 12218). The extension allowed
the variance to continue until June 14, 2007 even though construction had not been .initiated.
Unfortunately the applicant did not start construction before June 14, 2007 and did not request an
additional extension of the variance. The applicant's variance extension expired thereby resulting
in the subject re- application.
STAFF OBSERVATIONS
(1) The current application is the same as was before the City Commission in June, 2005. There
are no changes to the original variance request or to the applicant's plans to be build a four story
building.
(2) The site is a non - conforming property and any new construction must be on a building site
which meets the zoning standards for the MO zone district.
(3) The applicant's representative states in a hardship letter the variance is not self - created and
that the substandard size of the property prohibits the use of the property. It is further stated that
there are other nearby properties with substandard lot size which have been granted a variances to
permit development. .
PLANNING BOARD ACTION
The Planning Board reviewed the re- application at its October 30, 2007 meeting, conducted a
public hearing and then adopted a motion by a vote of 6 ayes 0 nays recommending approval of
the variance request.
RECOMMENDATION
It is recommended that the requested variance be approved.
Documentation:
Draft resolution
Planning Department Staff Report 10 -30 -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 \COA 6267 SW 57 Street CM Report.doc
2 RESOLUTION NO.
3
4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
5 SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE
6 FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW
7 THE LOT SIZE OF A BUILDING SITE TO BE 9,927 SQUARE FEET AND LOT
8 FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000
9 SQUARE FEET IS REQUIRED AND A MINIMUM OF 100 FEET OF LOT
10 FRONTAGE IS REQUIRED ON PROPERTY LOCATED AT THE
11 NORTHEAST CORNER OF SW 71 STREET AND SW 61 AVENUE, SOUTH
12 MIAMI, FLORIDA, WITHIN THE "MO" MEDIUM- INTENSITY OFFICE
13 ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO
14 PERMIT THE CONSTRUCTION OF A FOUR STORY MIXED USE
15 BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE
16
17 WHEREAS, Application No. PB -07 -028 was submitted to the Planning Board by Robelo-
18 Kelly Holdings, LLC , said application being a re- application requesting approval of a variance from
19 Section 20- 3.5(G) of the Land Development Code to allow the lot area of a building site to be 9,927
20 feet, where a minimum of 10,000 feet is required, on property within an "MO" Medium Intensity
21 Office Zoning District, specifically located at the northwest corner of SW 71 Street and SW 61
22 Avenue, South Miami Florida; and
23
24 WHEREAS, the applicant wishes to develop the property with a four story mixed use
25 building, and;
26
27 WHEREAS, in order to develop the property, a variance is required; and
28
29 WHEREAS, the approval of a variance requires a recommendation from the Planning Board
30 and the approval of the City Commission after a public hearing; and
31
32 WHEREAS, Section 20 -5.9 (A) of the Land Development Code provides that approved
33 variances shall lapse after six (6) months if no substantial construction has occurred, however, the
34 City Commission may grant an extension only a request is made by the applicant prior to the
35 expiration of the six (6) month period; and
36
37 WHEREAS, the City Commission at its June 14, 2005 meeting formally approved the
38 subject variance and also approved a request that the variance to be extended a full year until June
39 14, 2006 (Resolution No. 82 -05- 12061); and
40
41 WHEREAS, the City Commission at its May 16, 2006 meeting (Resolution No. 77 -06-
42 12218) approved a second extension of the variance until June 14, 2007; and
43
44 WHEREAS, the applicant did not start construction before June 14, 2007 and did not
45 request an additional extension of the variance resulting in voiding the applicant's variance approval
46 and thereby requiring the subject re- application; and
47
48 WHEREAS, the applicant did submit a new application as set forth above in the first
49 Whereas clause; and
1 (2)
2
3
4 WHEREAS, on October 30, 2007 the Planning Board, after public hearing, voted 6 ayes 0
5 nay to recommend approval of the variance request; and
6
7 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
8 recommendation of the Planning Board.
9
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
12 THE CITY OF SOUTH MIAMI, FLORIDA:
13 Section 1. That the subject application submitted by Robelo -Kelly Holdings, LLC
14 requesting approval of a variance from Section 20- 3.5(G) of the Land Development Code to allow
15 the lot area of a building site to be 9,927 feet, where a minimum of 10,000 feet is required, on
16 property within an "MO" Medium Intensity Office Zoning District, specifically located at the
17 northwest corner of SW 71 Street and SW 61 Avenue, South Miami Florida is hereby approved.
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Section 2. That the approval of the subject variance is based upon the following findings:
a) The existing property is smaller than the minimum site size required by the Land Development
Code and cannot be developed without a variance which constitutes a hardship.
b) The variance requested is of a small, incremental nature and would have minimal impact on
surrounding properties.
Section 3. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of , 2007
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
XAComm Items\2007 \11 -27 -07 \Variance SW 61 Av SW 71 St Resolution.doc
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CITY OF SOUTH MIAMI
To: Honorable Chair &
Planning Board Members
From: Julian Per
Director olgn� anni
Date: October 30, 2007
Re: Variance Request
NE Corner SW 71 Str and
SW 61 Ave
PB -07 -028
Applicant: Custom Design Properties
Location: NE Corner SW 71 Str and SW 61 Ave
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A
VARIANCE FROM SECTION 20 -3.5G OF THE LAND DEVELOPMENT
CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 9,927
SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET WHERE A
MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND A
MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED ON
PROPERTY LOCATED AT THE NORTHEAST CORNER OF SW 71
STREET AND SW 61 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE
"MO" MEDIUM - INTENSITY OFFICE ZONING USE DISTRICT; THE
PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF
A FOUR STORY MIXED USE BUILDING; AND PROVIDING FOR AN
EFFECTIVE DATE
SUMMARY OF REQUEST
The applicant is requesting approval of a variance from Section 20- 3.5(G), Land Development
Code to allow the net area of a building site (NE corner of SW 7 P Street and SW 61" Ave) to be
9,927 square feet where a minimum of 10,000 feet is required and 95 feet frontage where a
minimum of 100 feet is required. The subject property is within the "MO" Medium — Intensity
Office zoning district. The applicant seeks a variance in order to redevelop the property, which is
currently vacant. The applicant is proposing to build a new four story office building including
three residential units and 9500 square feet of office space. - _ - - - - -- -
-LEGISLATIVE HISTORY
This item was before the Planning Board on May 10, 2005, at which time the request was
unanimously approved. The City Commission at its June 14, 2005 meeting formally approved the
variance.
It is important to note that Section 20- 5.9(A), Land Development Code provides that approved
variances shall lapse after six (6) months if no substantial constriction has occurred, unless the
City Commission extends an approved variance beyond the six month period.
Variance Lot Size —
October 30, 2007
Page 2 of 5
The LDC also stimulates that the City Commission may grant an extension only "....if a proper
and timely request is made by the applicant prior to the expiration of the six (6) month period"
(Section 20- 5.9(B), Land Development Code).
The applicant at the time of the initial approval of the variance anticipated a delay period and
requested that the City Commission allow the approved variance to be extended a full year until
June 14, 2006 (Resolution No. 82 -05- 12061).
A year later the applicant requested an additional one year delay which was approved by the City
Commission at its May 16, 2006 meeting (Resolution No. 77- 06- 12218). The extension allowed
the variance to continue until June 14, 2007, even though construction had not been initiated.
Unfortunately, the applicant did not start construction before June 14, 2007, and did not request
an additional extension of the variance.
The applicant's variance extension expired thereby resulting in the subject re- application.
APPLICABLE REGULATIONS {See ATTACHNMENTI
• LDC Section 20-3.5(E) Dimensional Requirements
• LDC Section 20 -5.9 Variances Approvals
STAFF OBSERVATIONS
(1) The site is a non - conforming property and any new construction must be on a building site
which meets the zoning standards for the MO zone district.
(2) The applicant's representative states in a hardship letter the variance is not self - created and
that the substandard size of the property prohibits the use of the property. It is further stated that
there are other nearby properties with substandard lot size which have been granted a variance to
permit development.
(3) It is important to note that this area (two blocks) is the only location for the MO zoning
district in the City. There are 13 potential building sites of which 7 sites are non - conforming as to
minimum lot size required for the MO zone. The Planning Department recognizes the difficulties
of the non - conforming status of property in the MO District. In the subject application the
variance request is less than one percent of the lot size minimum and is supportable.
(3) The current Comprehensive Plan Future Land Use Map (FLUM) category for this property is
Mixed Use Commercial - Residential. This category mandates that all development (new) must be _
mixed use with at least two of the following three uses: residential,- retail or office. The
applicant's proposed development in 2005 was to build a new four story -office building including
three residential units and 9500 square feet of office space, which would be consistent with the
FLUM category. The applicant has chosen not to submit a specific site plan as part of this re-
application.
(4) In the past two years the staff recognized that the MO zoning and the Future Land Use
category in this area needs to be re- examined in light of its location close to Metro Rail and the
abutting TODD (MU -5) district. The area in which the subject site is located -was selected as a
priority study area as part of the City's Evaluation and Appraisal Phase I1 Amendment Program.
It is proposed that the Future Land Use Map Category be changed from Mixed Use Commercial - -- - - - - - --
Variance Lot Size —
October 30, 2007
Page 3 of 5
Residential to TODD; and that the zoning be changed from MO and TODD (MU -4) to TODD
(MU -5). The end product of these changes, if implemented, could have a major impact on what is
designed for the subject property.
RECOMMENDATION
It is recommended that the lot size variance application be approved.
Attachments:
LDC Applicable Regulations
Application
Location Map
Letter of Intent /Hardship
Copy of Public Notices
Survey
JP /SAY
P:\PB \PB Adverts Notices \2007 Ads & Notices\10- 30- 07\PB -07 -028 Variance SW 61 Av and SW 71 Str.doc
Variance Lot Size —
October 30, 2007
Page 4 of S
ATTACHMENT
LAND DEVELOPMENT CODE APPLICABLE REGULATIONS
• Land Development Code Section 20 -3.5(C )(1) Dimensional Requirement Tables
(1) The use of land and the erection of buildings and other structures on land
shall be subject to the dimensional requirements of the applicable zoning
district, as reflected on the three tables labeled "Dimensional
Requirements, Single- Family Districts" (Section 20- 3.5E), "Dimensional
Requirements, Multi family Districts" (Section 20 -3.5F) and "Dimensional
Requirements, Nonresidential Districts" (Section 20-3.5G).
Land Development Code Section 20-3.5(E) DIMENSIONAL REQUIREMENTS
REQUIREMENT MO
Net Area (sq. ft.) 10,000
Frontage (ft.) 100
• 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.
Variance Lot Size -
October 30, 2007
Page 5 of S
(E) Neighborhood Concurrence. All applications for a variance shall
be accompanied by a map which reflects all properties and the
names of all property owners within a five hundred (500) foot
radius of the subject property. The applicant shall obtain and
submit the signatures of at least twenty (20) percent of such
property owners, indicating their awareness of and concurrence
with the proposed variance request.
(F) Proposed Site Plan Required. A site plan shall be required
showing all proposed buildings and setbacks and any other
features relating to the variance request.
(G) Permitted Variance Requests. Applications for variances shall be
restricted to only the following:
(1) Yard setbacks
(2) Lot size
(3) Lot coverage
(4) Building height
(5) Fences and walls
(6) Impervious coverage
(7) Off - street parking
(8) Open space
(9) Signs
(10) Landscaping
City of South Miami
PB -07 -028 Lot Size Variance
Northeast Corner SW 61 Ave. and SW 71 Str.
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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:
Lot(s) 1&2 Block 3
Meets & Bounds: NE Corner of SW 715' Street and
Subdivision Rosswood, PB 13 -62
SW 615' Avenue (.,? * ral 6
X Letter of intent ✓
X Justifications for change
Applicant: Robelo -Kelly Holdings, LLC
Phone: 305 - 828 -4757
Representative: Jerry B. Proctor, Esq.
Organization: Bilzin Sumberg Baena
Address: 200 So. Biscayne Blvd., Suite 2500
Price & Axelrod LLP
Miami, FI 33131
Contract to purchase
X Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17 ")
Request for variance of MO frontage and lot size requirements
Phone: 305- 350 -2361
Property Owner: Robelo -Kelly Holdings, LL,C
Signature:
Mailing Address: 5835 Blue Lagoon Drive, Suite 300
Phone:305- 828 -4757
Miami, Fl 33126
Section: Subsection: Page #: Amended Date:
Architect /Engineer:
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
X 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 X Variance
X Letter of intent ✓
X Justifications for change
Zoning Map Amendment Special Use
_
Statement of hardship W-1
PUD Approval _Special Exception
�X _
Proof of ownership or letter from owner
PUD Major Change Other
Power of attorney O .-. 70,Ae
Brief] explain application and citespecific. Code sections:
Contract to purchase
X Current survey (1 original sealed and
signed /1 reduced copy @ 11" x 17 ")
Request for variance of MO frontage and lot size requirements
per Section 20 -3.5 G
15 copies of Site Plan and Floor Plans
reduced copy @ 11" x 17"
20% Property owner signatures
X Mailing labels (3 sets) and map ✓,
Section: Subsection: Page #: Amended Date:
X _ Required Fee(s) L
The undersigned rea thi c pleted application and represents that the information and all submitted materials are
true and correct e b 'cant's knowledge and belief.
v-&,A) 6 ID n to D.
....p Applicant's Sign t and tit] - Date. -
Upon receipt app]' ations and all submitted materials will be reviewed for compliance. with the Land Development Code
and other a plica e registrations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE 'ONL : _ ,�/
Date Filed �_ Date of PB Hearing Ad-301/ e,7 Date of Commission /r%!/ I a,2�,
Petition Required Petition Accepted
Method of Payment
MIAMI l 40623 9.1 7632623021
9/24/07 4:53 PM
BMn Sumberg
ATTORNEYS AT LAW
JERRY B. PROCTOR, ESQ.
Direct Dial: (305) 350 -2361
Direct Facsimile:(305) 351 -2250
E -mail: jproctor @bilzin.com
October 8, 2007
Via Hand Delivery
Mr. Julian Perez
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Application for Variances
Applicant: Robelo -Kelly Holdings, LLC
Property: Northeast corner of SW 71 Street & SW 61 Ave.,
City of South Miami
Folio Nos.: 09- 4025 - 011 -0170 and 09- 4025 - 011 -0160
Dear Julian:
Our firm represents Robelo -Kelly Holdings, LLC, (the "Applicant "), owner of the property
at the northeast corner of SW 71 Street and SW 61 Avenue (the "Property ") in the City of South
Miami (the "City "). On behalf of the Applicant, please accept this letter and attached application
for variances to permit the construction of an office development on the Property.
The Property is currently zoned Medium Intensity Office (MO). The Applicant seeks
variances from Section 20 -3.5G of the Land Development Code to permit the net area of the
Property to be 9,927 square feet where a minimum of 10,000 feet is required in the MO district
and to permit a lot frontage of 95 feet where 100 feet is required in the MO district.
The City should approve these variances for several reasons. First, the City has
previously approved the very same requested variances, and the conditions surrounding the
variances have remained essentially unchanged.
On June 14, 2005, the Applicant obtained unanimous approval of the attached
Resolution granting variances from Section 20 -3.5G of the Land Development Code "TO -
ALLOW THE -LOT SIZE OF A BUILDING SITE TO BE-- 9;927 -- SQUARE = FEET -AND LOT
FRONTAGE TO BE 95 FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS
REQUIRED AND A MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED." On that
date, at the request of the Applicant, the time to obtain a building permit under the variances
was extended by the City Commission from six months to one year. -
On May 16, 2006, the City Commission - unanimously granted a one year extension to
develop the property. A copy of the approving Resolution is attached.
MIAMI 1413305.2 7632623021
10/10/07
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131 -5340 Tel 305.374.7580 Fax 305.374.7593 r. w .bilzin.com
Mr. Julian Perez
October 8, 2007
Page 2
Following the May, 2006 approval by the City Commission, the Applicant presented
plans for a building permit in September, 2006. Plans have been revised since that time to
address comments by the Miami -Dade Fire Department and to mitigate increasing construction
costs. However, the Applicant has been continuously in the permit process since that time.
Section 20- 5.9(A) ( "Variance Approvals ") of the Land Development Code stipulates that
variances "shall lapse after six months 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." As noted above, the original
approval in June, 2005, and the subsequent approval in May, 2006, extended the time period
until June 14, 2007. Unfortunately the Applicant was unable to begin construction during that
time period, and now asks that the City grant new variances so that the Applicant may continue
to develop the Property and contribute to the commercial growth of the City.
In this case, the Applicant faces an unnecessary hardship in the size and shape of the
Property. At the heart of the hardship is the fact that the existing zoning on the Property is
inconsistent with the size of the lot. Like many lots in the area, the Property contains fewer
square feet (9,927) than required in the MO district (10,000). Similar relief has been granted by
the City to other properties in the area. Without these variances, the lot would be unbuildable
under the existing zoning. Therefore, granting these variances would not convey any special
privilege to the Applicant not enjoyed by other property owners; rather, these variances would
merely allow the Applicant to develop the property in the same way that neighboring properties
have been developed. Additionally, the hardship was not self- imposed as the Property was
nonconforming when the Applicant purchased the property.
The variances requested are of a very small nature. Specifically, the Applicant is only
asking for a variance of 73 square feet from the required lot size and 5 feet from the lot frontage
requirement. This deviation would have minimal impact on the surrounding properties. The
reduced property size and width correspondingly diminishes the Applicant's development
potential on the Property.
Lastly, the Applicant's proposed project is compatible with the surrounding
neighborhood. The immediate neighborhood consists of many mixed -use buildings, including
professional, civic, and office uses. On the west side of SW 61 Court, 2 blocks to the west of
the Property lies Larkin Hospital. Between the hospital and the Property, there are a number of
office buildings. On the north side of SW 70 Street, 1 block to the north of the Property, there is
a. -6 -story condominium building that stands prominent in the neighborhood, with- pedestrian -
friendly access. The South Miami Metrorail Station lies just 1 block-east-of -the Property.
Adjacent to the Property itself is several other offices, making this -proposed-use-Very similar to
the other buildings on the immediate block.
While the Applicant respects the process outlined by the Land Development Codes the
essential circumstances have not changed. The Applicant proposes the same variance request
that was approved just two years ago by the City Commission. The Applicant faces -a hardship
that runs with the nature of the land. Finally, theses variances are being requested for -a - -
development that will be compatible with the surrounding neighborhood. For all of these
MIAMI 141 3305.2 7632623021
10/8/07
BILZIN
Mr. Julian Perez
October 8, 2007
Page 3
reasons, the Applicant believes that the request is appropriate, and asks that the request be
approved.
Enclosed within, you will find a survey of the Property, copies of prior Resolutions
adopted by the City Commission, and a completed application. Thank you for your
consideration.
Sincerely,
Jerry . Proctor
JBP: id
cc: Arnold Robelo (Via E -Mail)
Steven J. Wernick, Esq.
MIAMI 1413305.2 7632623021
10/8/07
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, October 30, 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: Chairman Morton 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: Ms. Yates.
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 -028
Applicant: Robelo -Kelly Holdings, LLC
Address: NE Corner of SW 71St Street and SW 61" Avenue (7039 SW 61 Avenue)
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION
20 -3.5G OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A
BUILDING SITE TO BE 9,927 SQUARE FEET AND LOT FRONTAGE TO BE 95 FEET
WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED AND A
MINIMUM OF 100 FEET OF LOT FRONTAGE IS REQUIRED ON PROPERTY
LOCATED AT THE NORTHEAST CORNER OF SW 71 STREET AND SW 61 AVENUE,
SOUTH MIAMI, FLORIDA, WITHIN THE "MO" MEDIUM- INTENSITY OFFICE
ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCE IS TO PERMIT THE
CONSTRUCTION OF A FOUR STORY MIXED USE BUILDING; AND PROVIDING
FOR AN EFFECTIVE DATE
Action: Mr. Youkilis advised that the request is a re- application seeking approval of a
Planning Board Meeting
October 30, 2007 Excerpt
Page 2 of 3
previously approved variance from Section 20 -3.5G of the Land Development Code to
allow the net area of the referenced building site to be 9,927 square feet where a minimum
of 10,000 square feet are required and 95 feet frontage where a minimum of 100 feet are
required. The applicant seeks a variance in order to redevelop the vacant property. The
applicant is proposing to build a new four story office building including three residential
units and 9500 square feet of office space. Staff recommended that the lot size variance be
approved. This item was before the Planning Board on May 10, 2005 and the request was
unanimously approved. The City Commission at its June 14, 2005 meeting also approved
the variance. Section 20 -5.9 (A) of the Land Development Code provides that approved
variances shall lapse after six (6) months if no substantial construction has occurred., unless
the City Commission extends an approved variance beyond the six month period. The
LDC also stipulates that the City Commission may grant an extension only "....if a proper
and timely request is made by the applicant prior to the expiration of the six (6) month
period" (Section 20 -5.9 (B)
At the time of the initial approval of the variance the applicant anticipated a delay period
and requested that the City Commission allow the approved variance to be extended a full
year until June 14, 2006. (Resolution No. 82 -05- 12061)
A year later the applicant requested an additional one year delay which was approved by
the City Commission at its May 16, 2006 meeting (Resolution No. 77- 06- 12218). The
extension allowed the variance to continue until June 14, 2007 even though construction
had not been initiated. Unfortunately the applicant did not start construction before June
14, 2007 and did not request an additional extension of the variance.
Mr. Morton questioned whether required setbacks would be grandfathered after zone
change to a TODD district. Mr. Perez replied affirmatively.
Mr. Proctor, attorney representing the applicant, stated the City Commission unanimously
extended the variance request two years ago. The owner plans to build the project as
proposed previously. The applicant has attempted to obtain permits, however because
there were changes under way relevant to the City's regulations on land use his client has
been monitoring the City Commission's actions. Although plans were drafted there were
uncertainties with outcome with the City's land use regulations. It was observed that the
City had not yet implemented a change of zoning from "MO" to TODD in the area
including the referenced location.
During the year 2006 the applicant intended to build the project. The applicant desires to
move his current offices and managerial operation to South Miami. Beginning in the year
2006 they submitted plans for a permit but were faced with obstacles and superseded the
allowable time to obtain their permits. Mr. Proctor displayed the plans and stated there
have been minor changes. The problem was that when the "MO" district was created it
required lot frontages and sizes that the applicant cannot meet, for this matter his client
claims hardship. Mr. Proctor indicated that the City should address the issues even if the
City does do not implement a TODD. The applicant is not asking for special privileges but
is requesting that the variance be approved.
Planning Board Meeting
October 30, 2007 Excerpt
Page 3 of 3
Ms. Beckman stated she was concerned that the approval would set precedence as well as
affect surrounding residential area. Mr. Perez stated that staff's professional opinion finds
the locations to be a very unique area because of its proximity to a commercial area. Mr.
Youkilis added that although the property was surrounded by commercial a high density
residential area was also present. Mr. Proctor also added that the blocks within the City
"MO" districts are minimal.
Mr. Morton inquired what the impact would be should the zoning be changed. Mr.
Youkilis advised that with bonuses in an MU -5 zoning district a building may go from four
to eight stories in height.
Motion: Ms. Beckman moved to approve the variance as presented. Mr. Davis seconded.
Vote: 6 Ayes 0 Nays
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movements that stimulate memory ing gatherings and ac
skills through using the imagination,
movements that can be practiced at
NEIGHBORS CALENDAR
home. For seniors with special
events; no membersh
'CALENDAR, FROM 37
Rotary Club of South Miami: Weekly
Miami; free. 305 - 255 - 3656.
Rd., Coral Gables; free.
bridge, 11:30 a.m. Frid,
FORTHEDI
lunch meetings featuring speakers,
South Florida Woodcarvers: Begin -'
305- 758 -4355.
Andrew's Episcopal C
Tuesdays and 10:30 a.m. -1:30 P.M.
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
and apply with the Miami Dade
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
equipment and fill out a form by call-
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 Quilters: 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 ti
Rotary Club of Opa -locka & Miami
Park Center, 12220 Griffing Blvd.,
giving Day; South Miami Senior High,
Miami Beach; free. 305 -561 -5636:
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:
305 -232 -0979.
1 -3 p.m. third Wednesdays; Concor-
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 int
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 Perrin- Cutler
southdade.freetoasthost.org. , _
305 -234 -8635.
Alper JCC Classes: Dave and Mary
month at various rests
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.; 5(
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 Livk
305- 252 -4853 or Michael Kesti 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 vat
movements that stimulate memory ing gatherings and ac
skills through using the imagination,
movements that can be practiced at
throughout the Miami
happy hours, cultural
home. For seniors with special
events; no membersh
needs. Wear comfortable, loose
786 - 683 -0223 or 305
iii clothing and flat shoes: 1-3 p.m.
Thursdays, except for Thanksgiving
FORTHEDI
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 forpeople with
a Sing 'n'Swing, participants can
their families toacces
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 shelter
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- Thursde
can also contact FPL with a list of all
Thanksgiving Day; Ex
power - dependent life support
Space, 8702 SW 129th
equipment and fill out a form by call-
305- 298 -5879.
ing 305 - 442 -8770.
Exercise for Everywn
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
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 memb
i Senior LIFT Center: Features
to serve a minimum o
I 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 Cc
Grove Park, 690 NE 159th St., North
ter, 11155 SW 112th Avt
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 Interna
y-2
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