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07-26-05 Item 16South Miami To: Honorable Mayor, Vice Mayor & Commission Members From: Maria Davis City Manager lS RESOLUTION Date: July 26, 2005 ITEM No. Re: Variance Requests(3) 7001 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- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED; A VARIANCE FROM SECTION 20- 4.4(E)(7)(B) OF THE LAND DEVELOPMENT CODE TO ALLOW EXISTING PARKING SPACES TO BE WITHIN 15 FEET OF AN INTERSECTION AND TO BACK OUT INTO A PUBLIC RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7001 SW 61 AVENUE, SOUTH MIAMI, FLORIDA, WITHIN THE "MO" MEDIUM - INTENSITY OFFICE ZONING USE DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE CONSTRUCTION OF A NEW THREE STORY MIXED USE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE SUMMARY OF REQUEST The applicant, Dalex Real Estate Holdings, Inc., has filed Application No. PB -05 -016 requesting variances in order to redevelop the property at 7001 SW 61" Avenue which is currently occupied by a one story building used as a medical office. The applicant is requesting approval of three variances from provisions of the Land Development Code in order permit the construction of a three story mixed use (medical office/ retail) building. All required parking for the building (15 spaces) will be on site located underneath the building. LEGISLATIVE HISTORY This property was before the Planning Board and City Commission in 2004 in the form of a lot size variance. Development plans at that time did not address the need for any additional variances. The staff recommended denial of request based upon the fact the variance was self induced in that applicant had purchased the property earlier in the year knowing that the site could not be developed. The Planning Board recommended approval of the variance request at its August 31, 2004 meeting. The City Commission at its October 5, 2004 meeting adopted Resolution No. 1612 -04 -11940 approving the variance request. The Land Development Code in Section 20- 5.9(A) states that a variance approval will lapse if no substantial construction has Variance(s)— 7001 SW 61Ave. July 26, 2005 Page 2 of 3 taken place on the site. The variance granted for the subject property expired on April 5, 2005 thereby requiring a re- submittal of the variance request. The applicant submitted the current application on April 28, 2005. BACKGROUND The subject parcel, 7001 SW 61 Ave. is located at the SE corner of SW 70"' Street and SW 61St Ave. 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. Development of the property is prohibited because the size of the parcel is significantly below the minimum required lot size of 10,000 sq. ft. There is 100 feet of frontage along SW 70t'' Street, which meets the minimum required frontage of 100 feet for the zoning district. In a hardship letter, the applicant claims that the substandard size of the property prohibits the use of the property for its intended purpose. The Comprehensive Plan Future Land Use category for this property is Mixed Use Commercial - Residential. This category mandates that all development (new) must be mixed use, that is a building with at least two of the following three uses: residential, retail or office. The applicant is proposing to build a three story building with 2,031 sq. ft. of office space and 1,376 sq. ft. retail services. The required 15 off - street parking spaces will be on site and located on the first floor. The F.A.R. will be .62 (1.6 permitted). The first variance results from the net area of the lot being 5618 square feet where a minimum of 10,000 feet is required to build within the "MO" Medium — Intensity Office zoning district. Due to the size of the property the applicant seeks to keep the existing parking space configuration facing SW 61 Avenue, thereby creating a second variance (backing out onto a street). A third variance is also a result of maintaining the parking space configuration facing SW 61 Avenue, as all exposed outside parking lots must have a 5 feet wide section of landscaping on the side. The applicant can provide only 2 V2 feet on the south side of the parking area. .APPLICABLE REGULATIONS (See ATTACUWENT •. Land Development Code Section 20 -3 .5(E) Dimensional Requirements • Land Development Code Section 20 -5.9 Variances Approvals • Land Development Code Section 20- 4.4(E)(7)(b) Required parking Improvements • Land Development Code Section 20 -4.4 Parking design elements (p.98.4) STAFF OBSERVATIONS (1) The subject site is surrounded by the following properties (zoning districts): to the northwest by a hospital parking lot (H); to the north by a six story residential building (TODD-MU-5); abutting to the south by a one story building used as a sleep treatment center (MO); abutting to the east by a four story office building (MO); to the west by a four story medical office building (MO). (2) The current minimum lot size in the MO is intended to produce larger buildings by encouraging parcel acquisitions by property owners. The variance request is a not a unique Variance(s)— 7001 SW 61Ave. July 26, 2005 Page 3 of 3 situation; other property owners may wish to request a similar variance. 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 building sites. A total of 7 building sites are non - conforming as to minimum lot size required for the MO zone. (3) The staff recognizes that although the MO zoning has been in place for many years, there has been minimal property assemblage. The applicant's recent purchase (4/04) of this property negates the hardship claim. The limitations on property located in MO district could have been easily determined by the property owner prior to purchase. (4) The extent of the lot size variance and the two variances related to parking spaces indicate that this lot is too small for the development contemplated. If it is the will of the Commission to recognize the hardship of a substandard lot as was done in 2004, then all three variances should be granted to provide a buildable site. Absent approval of all three variances, the project can not be built as submitted. The Department still maintains its recommendation of denial. PLANNING BOARD ACTION The Planning Board at its May 31, 2005 meeting adopted a motion by a vote of 3 ayes and 2 nays ( Mr. Liddy, Mr. Illas) recommending approval of the three requested variances, RECOMMENDATION Based upon concerns as expressed by the Planning Department in the above observations, it is recommended that the three requested variances be denied. Attachments: Draft Resolution(for approval) Application Location Map Letter oflntent Letter of Hardship LDC Applicable Regulations Planning Board Minutes Excerpts -31 -05 Copy of Public Notices Survey Site Plan MD/DOD /SAYr E: \Comm Items\2005 \7 -26 -05 \Variance 7001 SW 61 AvReport.doc 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH 5 MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 6 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A 7 BUILDING SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED; A VARIANCE FROM SECTION 20- 4.4(E)(7)(B) 9 OF THE LAND DEVELOPMENT CODE TO ALLOW EXISTING PARKING SPACES TO 10 BE WITHIN 15 FEET OF AN INTERSECTION AND TO BACK OUT INTO A PUBLIC 11 RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL 12 REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT 13 CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE WHERE 5 FEET IS 14 REQUIRED; ALL ON PROPERTY LOCATED AT 7001 SW 61 AVENUE, SOUTH MIAMI, 15 FLORIDA, WITHIN THE "MO" MEDIUM- INTENSITY OFFICE ZONING USE 16 DISTRICT; THE PURPOSE OF THE VARIANCES IS TO PERMIT THE 17 CONSTRUCTION OF A NEW THREE STORY MIXED USE BUILDING; AND 18 PROVIDING FOR AN EFFECTIVE DATE 19 20 21 WHEREAS, Application No. PB -05 -016 was submitted to the Planning Board by the 22 applicant Delax Real Estate Holdings, Inc., said application requesting approval of three variances 23 as follows: variance from Section 20- 4.4(E)(7)(B) of the Land Development Code to allow the net 24 area of a building site to be 5,618 feet, where a minimum of 10,000 feet is required; a variance 25 from Section 20- 4.4(E)(7)(b) of the Land Development Code to allow existing parking spaces to be 26 within 15 feet of an intersection and to back out into a public right -of -way; a variance from the 27 parking space dimensional requirement graphic of Section 20 -4.4 of the Land Development Code 28 to permit 2 feet 6 inches of abutting landscape where 5 feet is required; all on property within an 29 "MO" Medium Intensity Office use district, specifically located at 7001 SW 61 Avenue , South 30 Miami, Florida; and 31 32 WHEREAS, the applicant wishes to develop the property with a new three story mixed 33 use building, and; 34 35 WHEREAS, in order to develop the property as proposed the three requested variances are 36 required, 37 38 WHEREAS, the approval of a variance requires a recommendation from the Planning 39 Board and the approval of the City Commission after a public hearing; and 40 41 WHEREAS, on May 31, 2005 the Planning Board, after public hearing, voted 3 ayes 2 42 nays to recommend approval of the variances requested; and 43 44 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept 45 the recommendation of the Planning Board. 46 47 48 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 49 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 50 51 52 l 2 3 4 Section 1. That the subject application submitted by Dalex Real Estate Holdings, Inc., requesting 5 approval of three variances as follows: variance from Section 20- 4.4(E)(7)(B) of the Land 6 Development Code to allow the net area of a building site to be 5,618 feet, where a minimum of 7 10,000 feet is required; a variance from Section 20- 4.4(E)(7)(b) of the Land Development Code to 8 allow existing parking spaces to be within 15 feet of an intersection and to back out into a public 9 right -of -way; a variance from the parking space dimensional, requirement graphic of Section 20 -4.4 10 of the Land Development Code topermit 2feet 6 inches of abutting landscape where 5 feet is 11 required; all on property within an "MO" Medium Intensity Office use district, specifically located 12 at 7001 SW 61 Avenue, South Miami, Florida 13 is hereby approved. 14 15 Section 2. The approval of the requested variances includes Exhibit A, Development and Site 16 Plan for Office Building for Dr. William Munos (dated 4- 28 -05) which is attached and 17 incorporated herein. 18 19 Section 3.That the approval of the subject variances are based upon the following findings: 20 21 a) The existing property is smaller than the minimum site size required by the Land 22 Development Code and cannot be developed without a variance which constitutes a 23 hardship; 24 25 b) The variances requested are of a small, incremental nature and would have minimal 26 impact on surrounding properties. 27 28 c) The variances requested are a unique situation that would not be applicable to any other 29 properties in the immediate vicinity. 30 31 Section 4. This resolution shall be effective immediately after the adoption 32 hereof. 33 34 , PASSED AND ADOPTED this , day of July , 2005 35 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Russell 44 Vice Mayor Palmer: 45 Commissioner Wiscombe: 46 Commissioner Birts- Cooper: 47 Commissioner Sherar: 48 CITY ATTORNEY 49 50 51 E:\Comm Items\2005 \7 -26 -05 \Variance 7001 SW 61 A Resolution.doc p -0/ es 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 kS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner XOwner'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 XVariance X Letter of intent Zoning Map Amendment —Special. Use Justifications for change PUD Approval —Special Exception Statement of hardship PUD Major.Change —Other Proof of ownership or letter from owner Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" 20% Property owner signatures - Section: Subsection: Page #: Amended Date: Mailing labels (3 sets) and map Required Fee(s) The un ersi ne has read this completed application and represents that the information and all submitted materials are true and cone o the tofthe applicant's knowledge and belief. q 2 b5 cant's Signature and title Date - Upon - receipt, applications and all submitted materials will be reviewed for coin- liance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 8/2/00 l f, City of South Miami Variances. Lot size, parking spaces, landscaping ^Inn 1" OII7 41 . + A t >1,,,,,o 6630 6701 6700 V 6711 0 w co Sy 0 6710 � s� Z 6721 6718 s�o 17 5949 9 6720 o CO 6730 17 SW 6 5950 _ST] 6800 6801 6800 rn 7040 Co T Co ° u� 6810 6825 6820 5950 5907 � Go y 6845 .n PROPERTY ° N 6912 g6931 623p ° co m m ° m co m o w 6900 ygti ,� 941 rn CD LO CO t0 t0 CO f0 m 6980 701 H S _, ° 7600 w' a C 70p9 <0 7020 M t- 7019 � n 7040 to La ° 9pOp 0 rn o 1 0 V 0 0 n 5g 7109 LO 0 7051 7oso > SW 71ST ST r r ;,17 0 n > 7171 w Q e 0 _C/) n n ® ' 0 Cfl ° to 6201 Z 6 r 6101 SW 72ND ST 5900 5655 5904 0 6110 y0 rn ° 6180 59 �� 5525 0 O � w � o` co cli �C`'' 9do 0 7230 �n cm f1 (D N 0 p M �C�it6 O N LL ®•.. n n ° moo Co SW Z N <° 7311 7340 5940 7311 ° h9y 7321 S s� 8`SO p, o 0 5901 �0 6040 6022 0p�� /r7 F I L July 28, 2004 Mr. Don O' Donniley City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: 7001 SW 61 Avenue -Folio Number 09- 4025 - 011 -0190 Subject: Application for Variance — Letter of Intent Dear Mr. O' Donniley: We represent the owners of the above referenced property currently zoned MO (medium density office). This property was purchased with the intention of demolishing the existing poorly constructed 1,800 square foot office building and erecting a new 4,000 sgft office building. The lot size is approximately 5,618 square feet with dimensions of '105 feet x 53.5 feet. The main obstacle that we encountered with designing the building is the parking. We have spent many months working on a plan that addresses the parking and financial constructability of this site. In order to proceed with development of this site we need to receive three variances from the City of South Miami. The variances are as follows: 1. Maintain MO Zoning: The existing South Miami Land Development Code has a minimum lot size requirement for MO zoning of 10,000 square feet. This property currently zoned MO only has a lot size of 5,618 square feet. We hereby request a variance so that we can re- develop this site and maintain the existing MO Zoning designation. This variance was previously granted. 2. Maintain a Section of Existing Parking: In order for the parking to function efficiently we need to keep the existing parking spaces on the western property line abutting 61st avenue as -is. We will re -pave and re-stripe these spaces only. 3. Reduce Landscape Buffer: In order for the parking lot to function efficiently we 4 need to reduce the southern property landscape buffer from 5' to 316 ", an 18" reduction. Coastland Construction, Inc. • 4661 S.W. 71 Avenue • Miami, FL 33155'® 305 - 669 - 1740 / Fax 305 - 669 -1093 CGC #057347 Attached herewith is our completed variance application with all required documentation. Please advise if there is any other information you need from us in order to process our application. Thank you for your cooperation. Sincerely, Alejandro Rodrig ez President Cc: Dr. Muinos July 28, 2004 Mr. Don O' Donniley City of South Miami Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: 7001 SW 61 Avenue -Folio Number 09- 4025 - 011 -0190 Subject: Hardship for Application for Variance Dear Mr. O' Donniley Please be advised that we represent Dr. Muinos, of Dalex Real Estate Holdings, LLC, the owner of the above referenced property. This property is currently zoned MO with a lot size of 5,618 square feet. The property currently has a building in very poor shape which Dr. Muinos wants to demolish in order to construct a new office building; According to the code, if the existing building is demolished, the lot would no longer meet the MO zoning requirements because the minimum lot size for MO zoning is 10,000 square feet. In addition, after working on numerous building designs, we also need a minor Jg inch reduction in the landscape buffer on the southern property line and the approval to keep the exiting western property line parking as -is. We would only re -pave and re stripe this existing parking area. The above referenced problems with the size of the lot cause a hardship to our client by not enabling the use of the property for its intended purpose. All of the immediately surrounding properties are zoned ;MO or TODD and Dr. Muinos should not be deprived of maintaining the current MO zoning. Furthermore, the minor parking area variances we are requesting are needed in order to effectively make use of the site. We have designed a very attractive building that will add value to the existing area for both the City of South Miami and our neighbors. In closing, the existing building is an eyesore to this area. A new building would make the best use of this property and improve the value and aesthetics of the neighborhood. Thank you for your cooperation. Sincerely, Ale1 �dro Rodrigu President Coastland Construction, Inc. ® 4661 S.W. 71 Avenue• Miami, FL 33155.305- 669 -1740 / Fax 305- 669 -1093 CGC #057347 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. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the Variance(s)- 7001 SW 61Ave. July 26, 2005 Page 6 of 3 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 OTHER REGULATIONS 20 -4.4 -(E) Required Parking Improvements. (1) Every required off- street parking area shall be graded and drained to prevent damage to adjacent properties, streets and alleys and shall be surfaced with erosion resistant material, in accordance with all applicable codes. _(2) Markings and signs. (a) Off- street parking areas shall be marked with painted lines, curbs or other means to indicate individual spaces. (b) Signs or markers shall be used as necessary to insure efficient traffic circulation within all required parking areas. (3) Lighting. (a) Lighting shall provide footcandle illumination as required by SFBC of all required off- street parking spaces if such spaces are to be used at night. (b) Lighting shall be arranged and installed to minimize glare on adjacent residen- tial properties and districts (4) Off- street parking spaces shall be separated from walkways, sidewalks, streets or alleys by an approved wall, fence, curbing or other protective device. (5) Landscaping for all off-street parking areas shall be required, in accordance with Section 20 -4.5. (6) Awnings, canopies or other metal, canvas or fabric- covered shelters shall be designed, placed or used for parking of motor vehicles between the right -of -way and the front building line, except in residential districts and as, regulated herein. (7) Entrances and exits. (a) Entrances and exits shall not be located where they may create undue traffic problems. All entrances and exits to required off - street parking areas shall be located.,not less than fifteen (15) feet from any street intersection' and designed so as to prohibit the backing out of vehicles into public rights -of -way. (c) Landscaping, .curbing or control barriers shall be provided along lot boundaries to control entrance and exit of vehicles or pedestrians. (8) Parking under Buildings. Parking in structures forming a ground floor of a structure is prohibited in all RS, RT, RM, RO and NR districts. Parking in structures forming a basement is prohibited in all RS and RT districts. (9) No vehicular access to an RO use shall be permitted on a side adjacent to and/or facing property zoned for single - family residential purposes, unless that side is the only possible means of access to the RO property. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99) supp. No. 8 941 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE c 1 0 z-'------- 1 N 1 N zo S��On 10®_Ou 90-041 9 e -On cf�0a1 I 91,-011 I 10I-Q" 9 0 iZ?►,iV P: W ER ]C 2V G �FtE1, ONE WAY OR TWO WAY 23' I.tx_NDS CAP xNG i i L al 0000* _ Se_QU Se_Qel� 211_09' I 22 -0l �51_Dlr SI_pr� F�Al2.7�LI..EL PAFZ.iC =NG —' Tki °120UGk-i ''�']�2la�T'E''�C Od�1L`a' �iTV�i�SSJG d�aR��'a ONE WAY 1 3 ° TWO W?►Y 2 2' EJNTR,.�NCE /EX2T L?R7CVELVAYS ONE WAY 1 2 • — 'Jt'WO WAY ;229 . e Supp. No. 4 96.4 4 SoUT rJ '� I N CO R P O RATED • 1927 • C p Rio CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, May 31, 2005 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 7:50 P.M. Action: The Pledge of Allegiance was recited. II. Roll Call Action: Mr. Illas, Acting Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Illas, Ms. Yates, Mr. Liddy Mr. Comendeiro, and Mr. Mann. Board members absent: Mr. Morton City staff present: Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). City staff absent: Don O'Donniley (Planning Director) III. Planning Board Applications / Public Hearings PB -05 -016 Applicant: Dalex Real Holdings, LLC. Location: 7000 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- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW THE LOT SIZE OF A BUILDING SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED.; A VARIANCE Planning Board Meeting May 31, 2005 Page 2 of 3 FROM SECTION 20- 4.4(E)(7)(B) OF THE LAND DEVELOPMENT CODE TO ALLOW EXISTING PARKING SPACES TO BE WITHIN 15 FEET OF AN INTERSECTION AND TO BACK OUT INTO A PUBLIC RIGHT- OF-WAY; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC OF SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE WHERE 5 FEET IS REQUIRED; ALL ON PROPERTY LOCATED AT 7001 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 NEW THREE STORY MIXED USE BUILDING; AND PROVIDING FOR AN EFFECTIVE DATE Action: Ms. Yates read the item into the record. Mr. Youkilis presented the staff report. He explained that the applicant is requesting variances in order to redevelop the property at 7001 SW 61 Avenue which is currently occupied by a one story building used as a medical office. The applicant is requesting approval of three variances from provisions of the Land Development Code in order to permit the construction of a three story mixed use (medical office /retail) building. All required parking for the building (15 spaces) will be onsite located underneath the building. At this time, Mr. Youkilis provided a legislative history with regards to this property. This property was before the Planning Board and City Commission in 2004 in the form of a lot size variance. Development plans at that time did not address the need for any additional variances. The staff recommended denial of request based upon the fact the variance was self induced in that applicant had purchased the property earlier in the year knowing that the site could not be developed. The Planning Board recommended approval of the variance request at its August 31, 2004 meeting. The City Commission at its October 5, 2004 meeting adopted Resolution No. 1612 -04 -11940 approving the variance request. The Land Development Code in Section 20- 5.9(A) states that a variance approval will lapse if no substantial construction has taken place on the site. The variance granted for the subject property expired on April 5, 2005 thereby requiring a re- submittal of the variance request. The applicant submitted the current application on April 28, 2005. Mr. Youkilis also provided the following staff analysis: (1) The current minimum lot size in the MO is intended to produce larger buildings by encouraging parcel acquisitions by property owners. (2) The staff recognizes that although the MO zoning has been in place for many years, there has been minimal property assemblage. The applicant's recent purchase (4/04) of this property negates the hardship claim. The limitations on property located in MO district could have been easily determined by the property owner prior to purchase. (3) The extent of the lot size variance and the two variances related to parking spaces indicate that this lot is too small for the development contemplated. If it is the will of the Board and the Commission to recognize the hardship of a substandard lot as was done in 2004, then all three variances should be granted to provide a buildable site. Planning Board Meeting May 31, 2005 Page 3 of 3 (4) Absent approval of all three variances, the project can not be built as submitted. The Department still maintains its recommendation of denial. Applicant present: Mayra Coll (architect) Ms. Coll explained the applicant's request for variances. The variances are as follows: maintain MO zoning, maintain a section of existing parking, and reduce the landscape buffer. Mr. Illas opened the public hearing. No speakers were present. Mr. Illas closed the public hearing. Motion: Ms. Comendeiro moved to recommend approval of the three variances Ms. Yates seconded the motion. Vote: Ayes 3 Nays 2 (Mr. Liddy, Mr. Illas) DOD /SAY /pel K:\PB\PB Minutes\2005 Minutes\PB MINS 5- 31- 05.doc PAGE 1 OF 2' �/JS� /J'y /� P°FF (alq ST�TI�T(CH NOT VAUD WITHOUT PACE 2 OF 2 (�Il!) /L\I� /1CL11 \1 JISLSCJI IIALE: NTS �\ I G n l LOT 5 AND N.6' OF LOT 4 BLK. 3 'ROSS WOOD' (P,B. 13. PG. 62) SW 70 ST: DOWLING STREET w Z w j¢ mU) ca� KATHERINE STREET JOB No. RA -04079 CLIENT: DALEX REAL ESTATE HOLDINGS LLC _® PROPERTY ADDRESS 7001 SW 61st AVE..'SOUTH MIAMI FL. LEGAL DESCRIPTION: (FURNISHED BY CLIENT) LOT 5 AND NORTH 6 FEET LOT 4 , BLOCK 3 SUBDIVISION ROSSWOOD ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 13 AT PAGE -u- OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. SUBJECT TO ALL RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHT -OF -WAY OF RECORD; UNDERGROUND ENCROACHMENTS IF ANY, NOT LOCATED.' SURVEYOR'S NOTES: - ... 1 -) F. SHOWN. BEARINGS AND "LES'ARE REFERED TO SAID PLAT IN LEGAL DESCRIPTION. 2 -).THE RELATIVE CLOSURE IN THE FIELD MEASURED BOUNDARY IS BITTER THAN- I FOOT IN 7,500 FEET, LINEAR (SUBURBAN). - 3-) A TITLE REPORT WAS NOT PROVIDED FOR THIS SURVEY. THEREFORE, THERE MAY BE RESTRICTIONS ON THIS PARCEL THAT ARE NOT SHOWN THAT MAY BE FOUND IN THE PUBLIC _ RECORDS OF MWA -DADE COUNTY. FLORIDA NO EXPRESSED. OR IMPLIED DETERMINATION OF TIRE OR OWNERSHIP TO THE LAND DESCRIBED IS MADE 4-) THERE MAY BE UNDERGROUNDURLRY LOCATIONS AND SUBSURFACEFFATURES WITHIN THE PARCEL THAT ARE NOT SHOWN. THERE IS NO VISIBLE SURFACE. OR OVERHEAD ENCROACHMENT. OTHER THAN SHOWN ON THIS SURVEY.. 5 -) IT IS A VIOLATION OF RULE- 61G17 -6 OF THE FLORIDA ADMINISTRATIVE CODE TO ALTER THIS SURVEY DRAWING WITHOUT THE PRIOR WRITTEN CONSENT OF THE SURVEYOR 6 -) ALL SE' IRON PIPES (S.I.P.) OR SET. IRON RODS ARE 18 INCHES IN LENGTH . AND 1/2' Dft(I.D.) OR No.4 REBAR. RESPECRVELY, AND HAVE A PLASTIC CAP MARKED: LS. -5665. rAYi:A . sA.S°.•J` GZ4 THE n.000 OMP.ANCE PATE 1dAzh OF THE. F^- .%.iNA�t 67dER ^v£1+ %T N ZONE T AGO CY DATED �£8 ' ge-m W MA. 3-'.2....x. -.,94 -E yaiesEttt D":��fi2D'cC4 �'RG+i�ETLiY 9.S ST1U?:"ED i59it0i 6 X BASE FLOCu ELVATM' 4. 4NfA AUt NiYi 12tkBa3Pas:£. 1NNS1Aii3Y £5275 $ J ES.EV'A'T1OF {1VS„`''A SHO") S2TpF1rR TO 24.6Y.O., t& 'D aOA'&UNA, � • 0'�' S�aRTN OF SV7S;�..•,IRT( CITY Eti3,1'3�4ATih -. £0... .-. sw :3 A'r£. -ice'' WEB OF sm CUIc` ;di �� sTCAT: sus zaar oam To AF4Y TNS#-tE1S'P.ARTY. Lod RE4 1ATE H, -LO kGS LLC 104 &2 SN 23 Tom: 4Nt#d%. 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To reach prominent fangs: Rattlesnakes by anything" tha y:, her, e -mail freghser @her are further identifiable by Coral Snake; n ~ ald.com. their rattlers, but you should closely for the de 0 protects up to 160 mph Hurricane winds know that they don't always central nervous: ® Up to 60 %. less compared to shutters a Alai -theft I saw a snake in my yard. rattle prior to striking: bances and yes" _FU ° 24 hr. shutterless protection ° Allows light to come Are snakes in Miami danger- Signs and symptoms of a pit tress. If in doubt, in to your home ° eves ester ous? p y include: two Initial treaty �y ®iT� time vi er bite may 3 ' installation ° Lifetiitle warranty BETH distinctive punctures,. pain and venomous snake COCONUT GROVE swelling at the "site, weakness, the same: ® 10 OFD nausea, vomiting, numbness a Remove y, e Exp. 9!31/05 I noticed my. neighbor and tingling around the face or the snake's area. a doing some head, and ametallic or unusual o Do not atte yard work the taste in the mouth: the snake; just ti other day, The 'fourth dangerous ber a general des and 'I casually snake native to South Florida e Call 911 imr said, "Careful, is the Coral Snake, and it's a remove any jewe Miami is full trickyone. It doesn't have any ing that would ct of snakes in `of the distinctive features of if swelling occur: t the summer." the Pit Vipers, and with it's ®Maintain th COURTESY NOTICE She - replied, ' red, yellow and black rings, it below the level o �, . ''Thanks actually looks a lot like several ® Remain cah CI OF SOUTH IA 19 FLORIDA tlau honey, but other harmless snakes found slow the circul; On Tuesday, July 26 2005, beginning at 7:30 p.m., in the City Commission Chambers, 6130 the dating in the state. The only stiffer- venom through t] Sunset Drive, the City Commission will hold Public Hearings to consider the following items: game isn't ence is the order of the col - body. . AN ORDINANCE RELATING TO AN AMENDMENT OF CHAPTER 18 OF THE CODE' any easier in the winter, ored rings. ®DO NOT al OF ORDINANCES OF THE CITY OFSOUTH MIAMI, FLORIDA; AUTHORIZING AD either" There is a saying involving quet, ice or cold VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO HISTORIC Miami -Dade County is a "friend of jack" and "killing a suck the venom PROPERTIES FOR A PERIOD OF 10 YEARS; ESTABLISHING REQUIREMENTS AND home to a surprising number fellow "`that is supposed to wound, or mak I PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC I PRESERVATION BOARD TO REVIEW AND REPORT ON APPLICATIONS. of real snakes, too. There are help you remember which one around the site. . AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE IN ORDER TO many varieties native to the is dangerous, but even in the Besides the na ASSIST PROPERTY OWNERS OF DESIGNATED HISTORIC BUILDINGS BK area, although most are harm- most ideal situations, I have a ous snakes in ou: CREATING SECTION 20 -4.11 ENTITLED "SPECIAL PROVISIONS APPLICABLE TO less and rarely seen since they hard time remembering, it cor- are the occasii DESIGNATED HISTORIC SITES" WHICH PROVISIONS WOULD MODIFY THE are both fast and shy: rectl APPLICABILITY OF CERTAIN DEVELOPMENT REGULATIONS (NON- CONFORMING Y• snakes that have SIGNS, OFF STREET PARKING REQUIREMENTS, CONTINUATION OF: NON- There are only four types of I can just imagine the trou- been set free. If CONFORMING,USES, VARIANCE APPROVALS) ON DESIGNATED HISTORIC SITES, dangerous snakes found natu- ble I would have trying to get snake and you do AN ORDINANCE RELATING TO EXECUTING AN INTERLOCAL AGREEMENT WITH MIAMI- rally in South Florida. The first it right while locked in a fierce it is venomous, the DADE COUNTY TO PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN three are Pit Vipers: staring match with any snake" to do is leave it a) i MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE NATIONAL ® The Eastern Diamond wearing red, yellow and black. Many snakebite POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER PERMIT N0: FLS000003. back Rattlesnake, which can A better way to remember bitten on the hani AN ORDINANCE RELATING TO 'THE LAND DEVELOPMENT CODE; MODIFYING AND reach more than six feet. is to think of a stoplight. It which usually r I SUSPENDING CERTAIN PROVISIONS THAT ALLOW FOR THE REDUCTION OF e The Pygmy Rattlesnake, goes yellow, then red,; and were handling t1 REQUIRED PARKING SPACES, FOR A PERIOD OF NINE MONTHS; THEREBY ENABLING THE CITY TO EVALUATE RECOMMENDATIONS OF THE ZONING TASK which is 1 to 2 feet long and then you STOP. If the snake's trying to catch it. FORCE, PARKING COMMITTEE, AND THE PLANNING BOARD PERTAINING TO THE very aggressive. rings have yellow that touches catch or handle a REDUCTION OF REQUIRED PARKING SPACES AND TO PREPARE NECESSARY ®The Cottonmouth or red, you STOP. Of course, m AMENDMENTS; PROVIDING THAT ORDINANCES OR SECTIONS' THEREOF IN y . you are trained t CONFLICT SHALL NOT BE IN FORCE AND EFFECT DURING THIS TIME PERIOD. Water Moccasin, which is usu- favorite reminder is to Stay you are sure it is all AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 7, BUILDINGS- ;Y found near water. away no matter what order the ous. For more on ( BY ADDING SECTIONS 7 -13, SITE DEBRIS AND 7 -14, HURRICANE PROTECTION. Snakes in the Pit Viper fam- rings are in, just to be on the www.miamidade.E AN ORDINANCE RELATED TO THE PERMITTED USE SCHEDULE BY AMENDING SECTION 20- 3:3(D) AND SECTION 20- 3.4(B) OF THE SOUTH MIAMI LAND f DEVELOPMENT CODE IN ORDER TO ALLOW PET DAY CARE CENTERS AS A SPECIAL USE IN THE MO, GR, TODD(MU -4); TODD(MU -5), AND TODD (LI -4) ZONING DISTRICTS. f A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(G) OF THE LAND DEVELOPMENT CODE TO ALLOW, THE LOT SIZE OF A BUILDING SITE TO BE 5,618 SQUARE FEET WHERE A MINIMUM LOT SIZE OF 10,000 SQUARE FEET IS REQUIRED; A VARIANCE TO ALLOW EXISTING PARKING - ' " Slash SPACES TO BE WITHIN 15 FEET OF AN INTERSECTION AND TO BACK OUT INTO A I PUBLIC RIGHT -OF -WAY; A VARIANCE FROM THE PARKING SPACE DIMENSIONAL REQUIREMENT GRAPHIC TO PERMIT 2 FEET 6 INCHES OF ABUTTING LANDSCAPE WHERE 5 FEET, IS REQUIRED; ALL ON PROPERTY LOCATED`AT 7001 SW 61 j AVENUE, SOUTH 'MIAMI, FLORIDA THE PURPOSE OF THE VARIANCE IS TO PERMIT THE CONSTRUCTION OF A NEW THREE STORY MIXED USE BUILDING. 1 r Ing00fesconcerning this item should be directed to the Planning Department at 305- 663 -6326. YO11r SOrlday Herald has hundreds of dollars ALL interested parties are invited to attend and will be heard. N t of tree coupo every Weeks. Save rnmejr 0 Made M. Menendez � � A groceries and cosmetics. Get discounts at City Me* restaurants, Receive special offers, Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to e 8 appeal ed at It decision made he this Board, Agency or Commission with respect s, any matter Coupons in and 8a S e k e considered at Its meeting or hearing; he or she will need a record of the proceedings, and that forj such purpose, affected person may need to ensure that a verbatim record of the omceedings Is €�an�. s g madewhich record Includes the testimony and evidence upon which the appeal Is to be based caiasr .`.. BrHs 8�88d4nBd ��`T� EUJeggPa'�B".