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01-04-05 Item 6South Miami kwftld All- America City 2001 CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Commission Members From: Maria Davis RESOLUTION Date: January 4, 2005 ITEM No. .% Re: Variance Request City Manager/4A,---- 6230 SW 70th Street Reconsideration A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE RECONSIDERATION The City Commission at its November 16, 2004 meeting approved a motion to reconsider its vote on the above described variance application. The application was denied by the Commission on September 21, 2004. The Land Development Code provides the following regulations pertaining to the Commission's reconsideration of an item which was subject to a public hearing: Section 20- 6.1(3)(e) "When any request requiring a public hearing before the planning board has been acted upon by the commission and denied or failed to pass, such proposed change, in the same or similar form shall not be reconsidered by the commission for a period of at least one (1) year following the date of such action (removed: when denied without prejudice) except in which case reconsideration is possible after six (6) months for the date established for the prior hearing at the request of the majority of the commission " (2) The Planning Director's interpretation of the above section is that a reconsideration of a denied application can be considered if the majority of the City Commission approves. However the actual reconsideration of the case must be scheduled no earlier than six months after the denial, which would be in April, 2005. This type of regulation requiring a one year or six month delay is very common in most zoning codes. Its purpose is primarily to protect neighborhoods from having to return meeting after meeting to oppose or support a particular application. Independent of this regulation the City Commission may have authority to reconsider its vote. REPORT ATTACHED The Administration is concerned about the precedent set if a reconsideration of a denied zoning application is permitted without the proper time span as specified in the Land Development Code. This could be used as a tactic to wear down opposition. If the Commission proceeds with reconsidering the item, the Administration's report from the September 21, 2004 meeting is attached. It is important to note that the Planning Board and the Planning Department both recommended approval of the variances with conditions. That recommendation still stands. Staff will support the variance if heard on April 5, 2004. Attachments Copy of 9 -21 -04 Report Copy of Public Notices MD /DOD /SAY E: \Comm Items\2005 \1 -4 -05 \Variance 6230 SW 70 Reconsideration Report.doc �© u T South Miami o�VA All- Amecrica City INCORPORA7E6 1927 R VQ 2001 CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: September 21, 2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager 6230 SW 70th Street RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE "ro ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Dr. Arthur Colsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in a small isolated "RO" Residential Office Zoning Use District. The City Commission at its August 3, 2004 meeting deferred action on the request. The staff was requested to provide a more detailed history of the property's Comprehensive Plan land use category assignment and zoning. That information is contained below in a new section entitled Zoning History. The City Commission at its August 17, 2004 granted a deferral of the item until the next Commission meeting. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20- 4.4(B) Parking Requirements" • Land Development Code Section 20 -4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20 -5.9 "Variances Approvals " • Land Development Code Section 20- 6.1(B)(3)(h) "Planning Board Duty" ..........._..._..._.._. __. (2) ZONING HISTORY In 1982, as part of an overall updating to the Comprehensive Plan sponsored by the City, the future land use category covering this property was changed from Public/ Semi- Public to Office. In 1988, as part of the preparation of a new Comprehensive Plan, the City re- designated the subject property with the future land use category: Residential Office. The zoning classification, remained RM -24, High Density Residential. In order to use the existing single family residence as a real estate office and to make the property conform to the new Comprehensive Plan future land use category the owner, Mr. Robert Strickland, filed an application to change the zoning district from RM -24 to RO, Residential Office. The City Commission, at its July 8, 1988 meeting, granted approval of the request. The issues related to preserving trees and parking spaces were - discussed prior to approving the zone change request. In December 1988, the applicant applied for a series of variances in order to permit use of the building as an office. Theses variances included waiving of parking requirements, variances needed due to the specific site plan submitted at that time, and variances needed to waive requirements in the Code which are no longer applicable. The variances were recommended for denial by the Planning Board. The City Commission at its January 3, 1989 meeting denied all of the variances requested. BACKGROUND (1) The subject property is a single family residential building, which is a legal non - conforming structure ( dimensions are substandard). The property may continue to be used for a permitted use in the RO district as long as the parking requirements are met and the dimensional non - conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic, just west of the subject site. North of the property (RS -3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM -24) is an apartment building and a tennis court. (3) The parking variances are being requested so that the number of off - street parking spaces provided would be sufficient to permit the structure to be used for general offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off - street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental, or other health related uses would not be able to locate in this building due to a higher number of spaces required. (3) The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area. Parking in the required front setback is allowed in all but one zoning district. The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS / RECOMMENDATION • The applicant's claim of hardship states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. • The applicant also points out the requested variances will allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of the subject property. . • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of office uses will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances for 6230 SW 70" Street be approved subject to the following condition: commercial offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. (4) PLANNING BOARD ACTION The Planning Board at its July 13, 2004 meeting adopted a motion by a vote of 4 aye 1 nay to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. RECOMMENDATION It is recommended that the variances requested be approved with the conditions recommended by the Planning Board: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. Attachmeiits Draft Resolution LDCApplicable Regulations Location Map Application Letter of Intent /Justification Survey, Proposed Site Plan Planning Board Minutes 7 -13 -04 Excerpt Copy of Public Notices MD /DOD /SAY° EAComm Items\2004 \9- 7- 04 \Varianc 230 SW 70 Str Report.doc 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 RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN A "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Application No. PB -04 -011 was submitted to the Planning Board by the applicant Dr. Arthur Colsky, said application requesting approval for : (1) a variance from Section 20- 4.4(b)(10) of the Land Development Code to allow four off - street parking spaces where the required off - street parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the Land Development Code to allow required parking to be located in the front setback area which is prohibited in the RO zoning use district; 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, on July 13, 2004 the Planning Board, after public hearing, adopted a motion by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions; 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 the applicant Dr. Arthur Colsky requesting approval for: (1) a variance from Section 20- 4.4(b)(10) of the Land Development Code to allow four off - street parking spaces where the required off - street parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the Land Development Code to allow required parking to be located in the front setback area which is prohibited in the RO zoning use district is hereby approved with the following conditions: (1) Offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material 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 (2) Section 2. That resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this , day of 52005 ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY EXomm Items\2005 \1 -4 -05 \6230 SW 70 Variance Resol.doc ITUERM Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: ATTACHMENT LAND DEVELOPMENT CODE APPLICABLE REGULATIONS • Land Development Code Section 20 -4.4 (B) Parking Requirements Space Requirements. The minimum number of off - street parking spaces required for each permitted or special use shall be as set forth below and referenced in Section 20 -3.3D. Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one -half (1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten (10) units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. (5) One and three- quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred (100) square feet of gross floor area. (8) One (1) space per one hundred fifty (150) square feet of gross floor area. (9) One (1) space per two hundred (200) square feet of gross floor area. (10) One (1) space per two hundred fifty (250) square feet of gross floor area. (11) One (1) space per three hundred (300) square feet of gross floor area_ (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand (1,000) square feet of gross floor area. (15) - One (1) space per four (4) seats or seating places. ~(16) Five (5) spaces per alley or five hundred (500) square feet of rink area. ® Land Development Code Section 20 -4.4 (1)(3) Location/Ownership of Spaces (F) Location and Ownership of Spaces. (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be] permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off - street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. ® 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 (F) submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height` (5) Fences and walls (6) impervious coverage (7) Off- street parking (S) Open space (9) Signs (10) Landscaping i:- Land .Development Code Section 20 -6.1 (13) Planning Board Duties (B) Planning Board. (3) Powers and Duties. (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 PB -04 -011 Special Use Approval 6230 SW 70th Street Feet s 6611 6610 6611 6610 6611 6610 6621- 0 CD CD 0 6616 6621 6620 6621 6620 }- 6631 0 6620 6621 Ci o 6632 Q 6631 6630 6631 6640 6631' 6630 6701 6y0 Z 6700 F- 6641 6700 6700 6701 6700 N 6711 0 6701 c0 6701 6710 6711 6710 6711 6710 � 6721 6718 CD `30 3: 6711 6720 6721 6720 6721 6720 6721 6731 w° N 21 co 6731 6730 6731 8730 6731 6730 SW 0 68TH ST 0 0 6300 6801 6800 6801 6800 6802 63�P 6370 6350 co 6812 6815 5950 Cn M M 6840 6810 6825 6820_ fl- n M co CD re) , CD 6303 6825 6820 CD 6841 6�� ��o cn co ��p3 69 6910 0 CO 691) 6917 o d 01 v ° o m m o ��� N N 6912 6240 6230 m cD 6930 6925 0 o CD 9 6931 o cn rn r 6929 $950 O b' to 1 N o CD d' N O o m CD iD o s ED o CD 6941 c� 6941 N CD N o 940 6941 ss7D 70TH ST o 7000 '0�0 co o s 7009 7020 7001 7000 7001 0 C> N _ Co 7040 `D 0 ~ 7011 7020 7021 7010 7015 10 U 67 7D21 703D 7041 7030 7101 rn 7051 F-- 7109 07 7090 M 7031 7040 0 7040 CI) CD 7105 rn Cn p o 7171 V- ca 7110 Q .� --I 7101 7110 7111 7110 7107 SUBJECT PROPERTY Q 0 = 7115 7114 7111 6161 0 C-) 7111- 7120 s� 7121 cD 6201 N rn� ~ 6101 cD 9U, co 6341 c > `D cNCOi+ m U} SW 72ND ST Cl) 0 6180 11 ) CD h� 0 633 32 6310 cD CY) �� �3� 7223 a� J rD 7231 D 7231 CD N 7230 7243 7240 ~ 7251 N c° 7240 7301 7248 N CD 7311 7340 7311 7310 7313 7320 ~ 73DO 7321 7320 7321 CfI 7331 7330 (n 7333 7330 w ,\c° 7341 7340 6331 7340 to w ° 300 600 900 1,200 1,500 0 Feet r� °- 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: (9230 So -7L? S LpoBt(s) Block Subdivision PLEASE CHECK THE APPROPRIATE ITEM: - Meets & Bounds: Letter of intent Applicant: & / IV C - (} Phone: Representative: Organization:��� Address: Phone: ?X /�l y. Property Owner: A (A V2 - s Signature: Mailing Address: y� �� � Phone:. 3 O� A- / {) 1 %li / PhoneD-C O � 60 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: IV—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 Proof of ownership or letter from owner - Power of atforney Briefly explain application and cite specific Code sections: Contract to purchase Current survey (1 original sealed and ���k�/ f �`�✓' f I�% `T� Y- �C i�7 lit- G f/f� signed /1 reduced copy @ 11" x 17 ") � 5 copies of Site Plan and Floor Plans 1 reduced 11" 17" j r, y ( ( ( b pv° copy @ x 20% Property owner signatures"} i Section: 20 Subsection: Page # ?B Amended Date: Mailing labels (3 sets) and map i Required Fee(s) The undersigned has read this c ppleted a pli :ation and represents that the information and all submitted materials are true and corre the best of the a lica. s know ge and belief. 7 App `cant's Signature and title Date Upon receipt, %ppplications and all submitted materials will be reviewed for com fiance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected anlreturned to the applicant. OFFICE USE ONLY: Date Filed t:�X­Qq Date of PB Hearing �' "7-13 —Oq Date of Commission Petition Required - —` Petition Accepted i•' t Method of Pavmon fit 8/2/00 Skin Source Inc. 8220 SW 52 Ave S. Miami, FL 33143 305- 740 -6181 Application for Zoning Variance Date: May 23, 2004 Location: 6230 S.W. 70' Street, South Miami, Florida 33143 Legal Description: 25 5440.10 AC W54FT OF N88FT OF El37FT OF N150FT OF WI/2 OF SE 1/40F SE' /4 OF SW' /4 LOT SIZE 4750 SQUARE FEET OR 10160 -2164 06001 Variance Requests for the above referenced property: 1. ` to allow for parking in the front set back zone. 2. to allow for -one less parking space than currently designated Hardships: Whereas: 1 The inherent lay of the land and existing improvements directly interfere with available space for off street parking. a. The configuration of the footprint of the preexisting structure does not accommodate sufficient space for parking in the rear or on either side of the improvement. b. The presence of old growth oak trees centrally located within the perimeter of the property directly interferes with available grounds available for parking space construction. c. The size and shape of the land presents a peculiar hardship by interfering with the design necessary to -accommodate parking space requirements. d. The resultant lack of available off street parking directly interferes with the allowed use of the property in its current R -O zoning classification as a commercial office. Justifieation: Wbereas the subject property: I . contains a preexisting structure; 2. is subject to zoning requirements that do not allow for parking within the front set back; 3. occupies a unique configuration that presents a peculiar hardship; 4. will necessitate demolition of the existing structure in order to achieve sufficient set back for parking space design; 5. contains old growth oak trees which occupy coordinates critical for parking space design And whereas: 1. preservation of the existing structure would maintain the residential character of the property; 2. use of the front set back for off street parking is in keeping with similar use of the front set back zones of the neighboring residential properties; 3. preservation of the existing old growth oak trees would be accomplished 4. the requested modification in the number of parking spaces only represents a fractional reduction in the currently designated five spaces per 250 ft2 to the fractional difference of one space for every 279 ft2. Granting of the above requests for variances will cure the existing hardships and allow for use of the property in its current R -O zoning classification as a commercial office. For these considerations, 1. any claim to use the property for a more intensive commercial use, such as a medical office, will be relinquished; 2. a comprehensive landscaping plan presented herewith will provide enhancement of the current vegetation and natural beauty of the property; 3. such landscaping would further camouflage the proposed parking spaces in the front set back. Thank you for your consideratin of the ab ve requests for variance. Arthur S. Colsky S EtCH OF SURVEY SCALE T - 120.001 IT � � n :lam • n— s Vr _^S �.$ -tt�a. P i 9 .4 yL3 4 t`9 't�.'6 ,3 ..uS �-�;, - - '� r °.n�+1�_ f • _ _"F7'i- "+�'�'. ; mss. �,.. _ . � '� � �R1c2x�p;/•J�$ jb.�517 J � f ,� • t rJ7t7 THE �5T��2 LY -�•v . QD } / 2) f : WOOO F EAC-k -- ` � � Exfc�Ac•�t�5 fi uzo T-H 5 L 9) UA) 3) A=n� EG►A eh`= .721E K Irv,G S "70 t'r9-.-F T 15 vor ABM ro Tf-E� NATKMAL Rom NWRANCE � 7}E WFM-�T . PALLS N FLOOD Zorn= COLUAM Nov. PANE No.= a F m: DAM OPPEM PAW ZOO. wip PLC} a w: /ZAP 619.9 w ra LOCATION MAP r+. OIL-77— rT PROPERTY ADDRESS: .6230 S.W. 70th Street, Miami, Florida 33143. LEGAL 'DESCRIPTION: The West 54.00 feet of the North 88:00 feet on the East _ 137.00 feet of the North 150.00 feet of the West 1 of the Southeast 1, of the Southeast 4 of the Southwest 4 of Section 25, Township 54 South,_ Range 40 East, lying and being in Dade County, Florida. FOR: MARTA- MILLIAN GONZALE2. CERTIFY TO: MARTA MILLIAN GONZALEZ.. UNION TITLE SERVICES, INC. STEWART TITLE GUARANTY COMPANY, INC. SURVEYM S NE)TES: PREPARED B - 1I This BUn ey wort cordocted for the pu pcee of a `BrnmdB+Y Survey` only and is not rnlended Io delineate tie regut8foh 1unad cl o Vl.Jly 1 Gil GROUP, INC. �i. LB 45C 7 d airy tcaaral, storm. realona[ or local mercy. board• rsmmla4m or other eMriy. 21 foie acrurOW rimmed by irleaaursnerna and calMANI 'ns On the survey, meets and exceeds the Wr n.7t Tedrrncal SYarldarde LAND SURVEYMG - LAND PLANNNG requirements tot a &&urt en men 0 Imt In 7 -50p leap as epedlled In Chapter 61 C17 -8. Florida ^driisJateLve Cade. 9350 S.W. 22nd TERRACE 3♦ 7hm Survey dose not reheat or aatart *m owrrermtip. 4) L.egmiLdesalpdon sbJedt to ay dedkstlona• ttnitedmm. reatictdna resarW&b rm M eaaar*rarrts Of record. 6@ 97% MIAMI, FLORIDA 33165 q EraminWon of tine Abeteot or Trk Will have to be made b delexmine recorded Ine turnenta• rt Shy a atirp ?re Properly; WBMh ft ft 1O�mw• (305) 220-0073 of-R#b•Reasds napa* lamed by by office- fUM elfcrl was mad& by thla omce to Ixets any underground uetses atrllor etuctums Wi nn or soultlrlg the propery 1 w � . Bf Title B1^A1y Irae 6BR prepared for ttrB suet ah a use a the erNdes owned heraor onl/ and s1e mrohcsto n herein do not r s hen& IIE- Palle MILL Haz er2and'to air' unnBmBd per8aa• .L facjaes.AWh.Uft Eacernenfs not noted as vidaaom r FA m l0E a�n i SRICCe 1.q zk 4vrMye or porhorra tiereol wilhn Road,"Bys rot, as vgtatone or ananaofvrerro c/t csast.w�, trrPt ' 113 Faald.mns ardor Ioo&ve underneath the graald etniaca /tat mey cross beyvnd the boundary lines a tits hares, dasaibed ' [ wrier tx Moan= parpel we not shown 120 AN ton Apes or Rebor fu nd and sown on the Mob --h a survey nonce no reps unless c herwfae stand. pwpo K a � ue I- M.Pgriete o nv*-b determine by vaunt rrraars"(d WI& Le2W ownerato not deternele d etc. rata tor& nisi f 4) 10? et sroh d reoarda was made try Rho. firm be&tde fie record PUZ Therefore we do not trpy or arsept mimporo bllly kk any Emeierintaik L)adloatldn or L.Vrlaatlul far wthk7t tticrmelfart wee nor[ lrrralehed. 1-% Oura."t the appropreem tuthodae6 prior to wV darted work on the harvo n- craer[Ibed pared for SUM-9 and Zw*g mtemtaaon �. warrior � r�.x wMt ki 18J Pcvta&e orut Land surveyor and Mapper In responsible c3lmgBC Rotardo Or7z L9 4312. Stets of Fionids- v =1111 am T7) TFts a[svey k not vaad wshouc 8'ls slOriatrre and the [alead Leaf d a Florida Lrarraed L.ert3 stavtyot and Mapper. LP. Von Par BY: RbLWDD ORTIZ LS 4312 P•eP Patllmm earm roar. OR:. RICARDO ORTR LS 5629 t fvxffi7i tmrtfy b the above named em ar dror Peraor s that tre Slmtch a survey a the de&drlLad property da score end mrrea m PL resin w rr a mow rt Parr hr cwlsxxa PROFESSIONAL LAND SURVEYOR vv bw of my ialowto$C and betel. me ro=*j surveled errs plat&d w1dar my mnsr-borr. W= alfd meets ft WrinvralTchr P.1 rr:rr v l -w-cr. Ac. UAPPEk, • STATE OF FLORIDA Suindards sea in Chapter 61017 -0. Florida AdmNStathe Code. W9uart to Section 472.027 Florida 61atueIss. DATE- I JOB Nat I Sa-FeH Nat + I MAWN BY: I FF-7� f 29 -za�fl ad -1391 1 I /.�O 34 1 e- 1 s I. soa � y s , Z di W3 FUJCF_ i tI rP_llE___ z. IBS 4� J L 40--DF- CIL IA. Lci4 "64 s -c i M eG -per \ o ri J_ E r . •.�.— ,r•- .,.- ,�;;�; --s_, 2-SP S.W. 70 STREET, '76' PA\iEMENT LANDSCAPE PLAN ,i o WERNER DIETEL AND ASSClMATES 6230 SW 70 STREET LANDSCAPE ARCh16TEGTSJPLANNERS A.S.LA �eMP� '01 PO6T OPRCE BOX B82Ki6 M14MI,FCOPI04 3,f68 TEL Sp6- 6B1 -6�B9 I P6VI6tON6 PLAN" LIST, LEGEND SYMBOL . QUANT. NAME NATIVE Y/N SIZE BS 2 BURSERA' SIMAROUBRA ; Y 12' X 6', G' C.TR. Gumbo Limbo C'M 5 CORDYLINE TERMINALIS Me. ANDRE N 3't TRANSPLANT . Red Tl Plant I i DE 40 DURANTA ERECTA Y 2 'A' X 2' BUSHY Golden bew Drop DM 3 DRACAENA MARGINATA N 3, 3 HEADS+ Red Edge Dracaena.. MP 35 MURRAYA PANICULATA N. 2' X 1 'A', BUSHY Chalcas, Orange Jasmine PSC 66 '.POLYPODIUM SCOLOPENDRIA Y 6- POTS, FULL Wart Fern Qve 2 QUERCUS VIkGINIANA Y. 24' CALIP. EXIST Live Oak QV* 1 ' QUERCUS VIRGINIANA Y '8' CALIP. MOVE Uve Oak SP 2 SABAL PALMETTO Y 12' & 18' C. TR. Florida Cabbage Palm. STL. - 8 SANSEVIERIA TRIFASCIA -rA LAURENT. N 1 'A'- 2, BUSHY Snake Plant TF 14 TRIPSACUM. FLOR,IDANUM• Y 1 'A', BUSHY Gama Grass Sod -and Mulch as [Odicated 1 FASTEN BATTENS WITH 2- 3/4" HI CARSON STEEj. BAHoS..' No NAILS �. INTo PALH. HICHT OF BATTEas , ACCORUING TO MIGHT OF ?REE To GiTE PROPER LEVERAGE. - ��,�� : t I• S FLYERS of BURLAP 2x 4x1 16" BATTERS ' STEEL SN1OS ' r :• Ir� � � j �. 1 �� �1 ti TOE NAIL BRAG -i,. "�ul• .\ \���f; :� To BATTEN .. f `' ik'•,%J�•�.^� ,/�jI ?�ffl 'T{ : ;;fit • : i= ` 3- 2x 4 BRACES @ 120' NSU LUHSER / HEAVY PAL11 OM 2S 4 BRACES @ 9o' 3 " HULCII _ .�HEN. 4" BERM - 2x 4 BRACE STOP, 18" LONG - � GRADE PLANTINC SOIL.. =Z " ' HIM. -EXCAVATION — STAKING FOR PALMS AND TREES- 11I11. CLEAW AT TIME OF PLANTING 4„ BL•RM 2" MULCH 6 "r B "'CONC. 11NING SHRUB GROUNDCOVER STRIP 1 .. 1S'• -/ x . n AI ►.n: R�hI •T : 6DJACEMT PAVED AREA X11= c L c • •: ''� .: ': " !' . EV PLANTING SOIL AS SPECIFIED SHRUB AND GROUNDCOVER PLANTING LANDSCAPE PLAN WERNER DIETEL AND ASSOCIATES 6230 SW 70 STREET AND ARCH - E FTCT•S /PL ANNERS A.SL-A. ' MGST O PIeE Ep)f C M, 3 • Tif- a�E6Ef -Ee00 I RENBiON3. It'll I td r � Y l'X i YF CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 13, 2004 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 7:47 P.M. Action: The Pledge of Allegiance was recited in unison. iI. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Gibson, Mr. Comendeiro, Mr. Liddy, and Mr. Illas. Board members absent: Mr. Mann. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB -04 -011 Applicant: Dr. Arthur Colsky Location: 6230 SW 70th Street Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERNHT PROPERTY LOCATED AT 6230 SW 70'*H STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF- STREET PARKING SPACES WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE Planning Board Meeting July 13, 2004 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. Note: At this time, Mr. Illas informed the Board with regards to Item PB -04 -01 1, he would recluse himself from voting. He explained that as a realtor he had assisted in the closing for the purchase of the property. Mr. O'Donniley concurred that it was appropriate for him to recluse himself. Action: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained that the applicant is requesting approval of a two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in an isolated "RO" Residential Office Zoning Use District. Additionally, Mr. O'Donniley stated the parking- variances are being requested so that the number of off - street parking spaces provided would be sufficient to permit the structure to be used for commerical offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off - street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for mist professional and business offices at a formula one space for each 250 sq. ft. of gross floor area. Offices such as medical dental or other health related uses would not be able to locate in this building due to a higher number of spaces required.` He also noted that the applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area, which is allowed in all but one zoning district The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. Planning staff recommended that the two requested variances for 6230 SW 701h Street be approved subject to the following condition: commerical offices including but not limited to medical, dental, health related uses and any other similar use which has the same required parking are prohibited from locating in the subject building. At this point, Mr. Morton opened the public hearing. Applicant: Arthur Colsky (Owner) The Board, staff, and applicant discussed the request. The applicant stated that the property will not be used for medical purposes, instead it will be used as an office. He plans on improving the appearance of the property with landscaping materials and will save the two large oak trees, which are shown on the site plan. Furthermore, Mr. Colsky stated that he Planning Board Meeting , July 13, 2004 had no objection to adding turf blocks to the property. Mr. O'Donniley commented he had an e -mail which he needed to enter into the record. This email was written by Beth Schwartz, who is a neighbor located two houses away from the 6230 SW 70th Street. She indicated in her email that any consideration of the variance request should be based upon requiring the implementation of the Parking Study for the street.. She further explained in her e -mail that neighbors would like to request a small raised and landscaped culdosac which could be placed adjacent to the newly relocated do not enter signs. This culdosac would allow for commerical parking on the east side in a semi circular fashion as to provide for maximum parking spaces, and a moderately landscaped greenspace area on the west side for the many residents who walk. Speakers: NAME ADDRESS Dean Whitman 6259 SW 70" Street Opposed application Mr. Whitman strongly opposed the application. He provided the Board with an article from the Miami Herald. Furthermore,.he_voiced his opinion-about traffic problems in the area and his disagreement with the requested variance. After hearing a summary of Ms. Schwartz's email Ms. Yates recommended that in the future the Parking Study be further review by Planning Staff. In addition, Board member Ms. Gibson informed the Board that the property was formally used as a day care center classroom. Mr. O'Donniley stated perhaps that it was for that reason that the "RO" zoning was designated. Board member, Mr. Comendeiro was concerned of the possibility of a day care being opened on that property. Mr. O'Donniley asked the applicant, Dr. Colsky if he had any objections to specifically eliminating day care as a potential use. Dr. Colsky had no objection. Therefore, the following amended motion was passed. Motion: Ms. Gibson moved and Ms. Yates seconded a motion to approve the requested variances with the following conditions: (1) Commercial offices including but not limited to medical, dental, health related uses, day care centers, and any other similar use which has the same required parking are prohibited from locating in the subject building. (2) The parking surface shall be constructed of a pervious material. The motion was approved by the following vote: Vote: Ayes 4 Nays l (Mr. Liddy) Recluse l (non- voting) (Mr. Illas) E:\Comm Items\2004\8- 3- 04CExcerpt PR Mins 6230.doe MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County; Florida �`► ,� A iC 5 i .STATE OF FLORIDA �, Ex���.���ClTlil'OF SOUTH 4MI��M1+ ;' CAUNTY OF MIAMI- DADE:N'OTICE'OF PUELIC �IE�RING Before the undersigned authority personally appeared OCTELMA V. FERBEYRE, who on oath says that he or she is the y Gky fir xr i, ,, , SUPERVISOR, Legal Notices of the Miami Daily Business NOTICE IS HERE &Y givemthatthi City Commission of the City of South Review f/k/a Miami Review, a daily (except Saturday, Sunday Miami' Flond'a wall conduct Public Heanngs atrlts'regular CIiyJCgmmission; and Legal Holidays) newspaper, published at Miami in Miami -Dade meeting schedrilecl #or Tuesday December 21, 2004 beginning at,7 30 p;? County, Florida; that the attached copy of advertisement, m L{intheCityCarnmissronCharnbers 6130 SunsetDnve„toconsiderthe being a Legal Advertisement of Notice in the matter of Second Reading Ordinance CITY OF SOUTH MIAMI ANiORDINANCE OKTHEzMAYQRyAND CITY COMMISSION OF. PUBLIC HEARING 12/21/2004 THE`CITY OF SOUTH MIAMI; FLORIDA RELATING TQ THE PER MITE FEE ,SCHEDUL`E,AMENDING ORDI�tANCE 14-90 -1454' AS; in the XXXX Court, AMENDED BY�ORDINANCES 6 92 -1501, i7 92 15 2. 10 95 I was published in said newspaper in the issues of ` X1583 „18 99 189��`28ti00 1730;,32 0117ft3,102 1782 AND 21 0$':. 1;805 IM ORDERkTQ.,A 0 JUST LANDU5E APPLICATION FEES,; PROVIDING FOR SEV�ERABIL 12/10/2004 `ITY QRDINANCES IN CONFLICT,; �' ;AND "AN EFFECTiNE DATE . , + , a x n i , � R2SOIUtIOn �.E, f,r d t rf+ry +rK"r C &'� . S ,;� wr Affiant further says that the said Miami Daily Business A, ESOLUTIONrOFATHEMAYoR & CITrCOMMISSION OF THE; Review'is a newspaper published at Miami in said Miami -Dade CITYrOF SOUTH MIAM1; FCOR6A RELATING "T,Q AY�tEQUEST? County, Florida and that the said newspaper has v FOR APPROVAL OF THE FOLLOWING TWO PARKING VARI, heretofore been continuously published in said Miami -Dade County, ANCES IN QRQERTO PERMIT�PRUPERTY LOCIATEDsAT 62301 Florida, each day (except Saturday, Sunday and Legal Holidays).gyy, 70TH STREETIN`'AN RO RESIDENTIAL OFFICE ZONINGS,; and has been entered as second class mail matter at the post USE DISRICTwTO "BE `USED SAS' A COMMERCIAL OFFICEi office in Miami in said Miami -Dade County, Florida, fora BUILDtNa' 1 VARIANCE FROM SECTIORt20 -4 4(B)(10),OF TME. period of one year next preceding the first publication of the LANDDEVEL *OPMENT iCODE'TO ALLOW FOUR} OFF STREET attached copy of advertisement; and affiant further says that he or i" "PARKING iSPACES „WHERE THE "' REQUIREDf OFF STREfiT1 she has neither paid nor promised any person, firm or corporation PARKING ISsFIYE SPACES, (2) VARIANCE FROM SECTION 20 an discount, rebate, commission or refund for the purpose 4 4(F) „(3 QF THE LAND DEVELOPMENT LADE TO ALLOW RE ; of secujing this advertisement publication in the said '4U1RED >FARKING TO BE LOCATED IN THE FRONT,SETBACK news aper. AREAi WHICH IS PROHIBITEDrtN THE RO ZONING USE {DIS TRICT `AND pROi/IDING FOR AN EFF CTIVEDATE z€ rR �v, Above items can tie inspected in the City C ►erk's Of face Monday Fnday, during regularoffice hours k a t” a Sworn to and subscribed before me this ALL Interested parties are invited to atieund and will be heard r fi g, s -�s' i dClty.Cler1C`d y�, Est,, - 10 day of DECEMBER A.D. 2004 x ,a h`f Pursuant to Floilda Statutesr286 0105 the Cit A ereby advises the public: that if a person de citlesj,Tg4ppeal any tleclsion %natl` "e by this Board Agen Commisson with, respect to any matter consldsred at Its meetin g or hearing he o shl need a iecord of the r e wd AP proceedings andthat for swch (SEAL) purpose affected person may neetl to ensure that a verbatim record of the;,proceedmgs is made which record includes the testimony and evi tlence u on which the a eal is fo be based "� y OCTELMA V. FERBEYRE -personally known to me 12f10 , F p,. F.` ._ s 1 Pp • - -" a 04,3 45/fi06863M Cheryl H M8rmer • my Commission D0338559 v" W1 Expires July 18, 2008 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority- ersonally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miariii -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARINGS RESOLUTION RE: TWO PARKING VARIANCES, ETC. 1/4/2005 in the 'XXXX (Court, was published in said newspaper in the issues of 12/27/2004 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida; each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has er paid nor promised any person, firm or corporation any di oun rebate, commission or refund for the purpose of se urin is advertisement for publication in the said new a L Sworn to and subscribed before me this 27 d o E A. 004 (SEAL) SOOKIE WILLIAMS personally known to me •if%, Maria 1. Mesa My Commission DD293855 o Expires March 04r 2006