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10-18-05 Item 22CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: Honorable Mayor, dice Mayor, & City Commission From, Maria Y. Dads City Manager South Miami 0 2001 Date: October 18, 2005 Agenda Item # Re: Variance Request 5890 SW 84 Street RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE FRONT SETBACK AREA RESULTING IN A VARIANCE TO PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF A 25 FOOT FRONT SETBACK IS REQUIRED; ALL ON A. PROPERTY WITH N AN "RS -3» SINGLE - FAMILY RESID►ENTLkL USE DISTRICT, LOCATED AT 5890 SW 94 STREET, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW ESTATES; AND PROVIDING FOR AN EFFECTIVE DATE SUND ARY OF RE UEST. The applicants, Stephen J. Huber and Maria A Huber, are requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow a detached garage structure to be built in the front yard of a house. , variance requested is to permit a three foot front setback where a minimum of 25 feet is requied. APPLICABLE REGULATIONS (See AT'I'AG�S : • Land Development Cade Section 20-5.9 "FariawesApprovals" • Land Development Code Section 24- 6.1(B) "Pkuming Board Du ies„ BACKGROUND & ANALYSIS: The applicant, in a letter of hardship, claims that due to the irregular shape of his property and the location of an existing septic tank on the east side, the northwest side of the lot would be the only possible location for a two cal- garage. The proposed. garage and a new parking driveway area (permitted) would be built in the front setback area, which is 25 feet. A 40 -foot wide street easement (SW S4 St_) exists along the front property line of the lot. This easement is scheduled to be used as part of a traffic circle to be constructed by the City in the near future. STAFF OBSERVATIONS: • In December 1992 the current owner of the house obtained a building permit to convert the original garage area into a kitchen_ This information was not available when this item was considered by the Planning Board in January 2005. • The City's Land Development Code strongly discourages the location of a parking structure or an accessory structure to be in any setback area. (Sec. 20- 4.4(F)(5) and Sec.20- 3.6(1)(3) ) variance — ,Wetback October 5, 2005 (2) • The use of the easement and the construction of a traffic circle by the City would bring the roadway very close to the front of the house. The construction of a garage at the location indicated on the plan would result in a structure within a few feet of the right-of-way. A claim of hardship to allow a garage to be built in the front setback is not appropriate in that the garage is not essential for the continued use of the property. • The proposed garage location would not be compatible with the appearance of other homes in the vicinity. a The proposed variance, if granted, would confer on the applicant a special status not being made available to other properties in the immediate vicinity. PLANNING BOARD ACTION: The Planning Board at its January 25, 2005 meeting failed to adopt a- recommendation. A motion to approve the variance and a motion to deny the variance both failed to pass by a vote of 3 ayes 3 nays. MY COMMIS&1_0N ACTTON: The City Commission, at its April 9, 2005 meeting, conducted a public hearing on the application and then deferred taking action for a period of six months and requested information on the status of a proposed traffic circle at the intersection where the subject property is located. The Public Works Department is reporting that the easement / right-of-way will be used for a traffic calming device and that a City consultant is now in the process of preparing design plans for the intersection. Completion of the engineering design plans is expected by February 2006, NDATION: It is the staff's conclusion that the abandonment or placement of a traffic circle or a traffic calming device at the intersection in front of the subject property should not be considered in the variance decision. The variance to allow a detached garage in the front setback is not compatible with surrounding properties and would confer on the applicant a special status not being made available to other properties in the immediate vicinity. It is recommended that the variance request be denied. However, a resolution has been drafted in the event that the variance is granted. Attachments: Draft Resolution LDC Applicable Regulations Application ILocation Map Hardship Letter Survey, Site Plan ExcerptPlanmng Board Minutes 1-25-05 Copy ofPublic Notices MD/DOD/SAY EAComm lternsM05\4-9-05 Special\5840 SW 84 St Variance Report.doc Stephen J. and Maria A. Huber 5890 SW 941" Street M ixam- i, IF L 3 3 14 3 3 4 05-6621-9288 September 20', 2005 Plarmhia Devart-ment City of §outii A/fiami 6130 Suinset Drive South Miami, Fl. 33143 Re: Planning Bd. -Application: PB-05-003 Variance -Request — Front Setback Dear Mr. O'Donnilley and City Coin mission: T"his communication is to request a deferral for 6 months on the above variance reauested at 5890 SW 84-' Street. We feel that by g-roxiting us the deferral, the City of South Miami will have atn an-aple .1 - - - amo-unt of time to evaluate the variance based on the progress of the Traffic Calming Circle project ®n SVVT 84"' Street, vAiich is currently in the design phase. Your consideration in this deferral is greatly appreciated Sincerely Yours, Step-hen J. Huber Maria A. Huber I PASSED AND ADOPTED this day of 2 3 4 5 ATTEST: APPROVED: 6 7 2 C1TY rTP"RTC MAYOR 9 10 11 READ Al D APPROVED AS TO FORM: 12 13 14 15 16 CITY ATTORNEY 17 18 19 EAConnn items\200514-9-05 Specia115940 SW 94 St Variance Resol.doc RM Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts-Cooper: Commissioner Sherar: o ;D Ln ., a oY In _ m - 'JIM @ a Z . to r r c k< s; m i 1 �. �' — a m m %% Y, m Z — m _k -n - — i r --I — to -�; m �i 1 I l ^TI m u =2 m w I�r < m D r. \;a In Ln m -o z .0 0 O m Z m I — G1 IM 1 a i ° Z O m�I m \ Z I ir a�,IB u, Y I° m I l i l I I (tY eSYSYl ��'e�p i I ataaF 121T WI N x � A m D m � K i � O A 02Gnpm TS m y'✓ n 3In _ NET � •_ om R3" ;ps J yy y � sy�SO � RErt S ^s III 3b > TIM • w 'o" • - _ Z Wil r" h. a 9N I Hit, - - vI 7., , - I 000'� a C�i e w ATTACHMENT • Land Development Code Section 20 -5.9 Variances Approvals (A) Expiration of Variance Approvals. A variance approved pursuant to Section 20 -5.5 shall lapse after six (6) month if no substantial construction or change of use has taken place in accordance with the request for such variance and if the city commission has not specified a longer approval period for good cause shown. (B) Extension of Variance Approvals. Four (4) affirmative votes of the city commission may grant an extension to a previously approved variance if a proper and timely request is made by the applicant prior to the expiration of the six (6) month period. (C) Hardship Statement. All applications for a variance shall'include a letter of intent indicating the specific nature of the hardship upon which the request is based. (D) Property Survey Required. All applications for a variance shall include a current property survey prepared by a registered surveyor. (E) Neighborhood Concurrence. All applications for a variance shall be accompanied by a map which reflects all properties and the names of all property owners within a five hundred (500) foot radius of the subject property. The applicant shall obtain and submit the signatures of at least twenty (20) percent of such property owners, indicating their awareness of the proposed variance request. (F) Proposed Site Plan Required. A site plan shall be required showing all proposed buildings and setbacks and any other features relating to the variance request. (G) Permitted Variance Requests. Applications for variances shall be restricted to only the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls (6) Impervious coverage (7) Off - street parking (8) Open space Variance — Setback October 5, 2005 (9) Signs (10) Landscaping • Land Development Code Section 20 -6.1 (B) 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 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: _5-F9,3 fw jP V, Lot(s) k3 Block Subdivision 4/ t M 1 `�� Pt- 3- 11 PB Meets &Bounds: Applicant- Phone: ,, 3� 5 : Anb A11A?4A A. 4v btr' 3Or -C &2 -f 21-dF cel� 6 cis =4 Y. Representative: Organization: Address: Phone: Property Owner: S+ {� ��, MA-, zi A— LA Signature: 4 Mailing Address:$ 0 vw J Phone: 3 � vt~ Architect/Engineer. p Phone: AS HE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: "'Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: / PLEASE CHECK ALL THAT APPLY: VLetter _ Text Amendment to LDC Wariance 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 O� ^ v r 10.. 4" 6f- i 1: r VAV-1 a-.K Li— � igned /1 reduced copy @ 11" x 17 ") _ 15 copies of Site Plan and Floor Plans v � -�,, Ir yz f=, .. o- j-P, 4 h c tic r P. �. CA r mss.- Of qqL�J,-P­ 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 undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of the applicant's knowledge and belief. vqr,- ?-/J g of Applicant's Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment S!2 /00 City of South Miami Application No. PB -05 -003 Variance Application Front Yard Setback Request 5890 SW 84 Street s841 ° n DAVIS RD SW BOTH ST U U) ND ST U) 8201 rn 0 w L U) LO o 0 o W) °o � 5gp0 8225 CD ~ h 5980 5 yg0 0 ul� C. o 0 O Oro (D 81 � h ry co O co co � b v o o w 0 835 2 5989 rn � L in LO CD O o 34 0 6020 M 8301 8300 o 8310 0 0 E 1 4 0 co M 0 5920 co w o 0 8325 8340 SW 84TH C0 O O J 00 A CLOD O n n M W 8360 O O 0 u� h u � 0 o 0 0 U U) ND ST U) f°9 O C, C, N 0 �I ccol 0 N O N O o I o 0 o m 8201 rn 0 w L U) LO o 0 o W) °o � 5gp0 8225 � ~ h � b 5 yg0 0 ul� M o 0 O Oro SW 81 ST ST ry co O co co fD 00 i w -` ioi m OW v o o w 0 835 2 5989 rn � L in LO CD O o 34 8301 8300 8315 8310 °j� r 41 98 E 1 4 0 co M 0 5920 co w o 0 8325 8340 SW 84TH O O J COff A CLOD O n o 0 6045 8360 8391 u� h f°9 O C, C, N 0 �I ccol 0 N O N O o I o 0 o m l N 5190 5770 w o .a u� 0 m ti 8031 n Lo SW 81ST TE 5780 5760 574p 5720 5781 5761 5747 5727 5780 Cv 0 0 o i Ln � I0IU I �I JVY 0J1\LJ 01 CD CC) 5850 h 5gp0 CD � ~ h � b 5 yg0 0 ul� M o 0 O Oro SW 81 ST ST ry co O co co fD 00 i w -` ioi m OW v l N 5190 5770 w o .a u� 0 m ti 8031 n Lo SW 81ST TE 5780 5760 574p 5720 5781 5761 5747 5727 5780 Cv 0 0 o i Ln � I0IU I �I JVY 0J1\LJ 01 5670 5850 c o 0 CM a 0 o 0 ul� M o 0 O Oro OD D LcI cco o o M M 1 0 o o l N 5190 5770 w o .a u� 0 m ti 8031 n Lo SW 81ST TE 5780 5760 574p 5720 5781 5761 5747 5727 5780 Cv 0 0 o i Ln � I0IU I �I SW 87TH ST 7-- ssso m O A O O O 8410 8411 X20 6�2� n° �n 8500 8501 h Lo 0 H LO h on In 8510 0 co o u� m to ro 00 co o° 8520 Lo in LO Lo to 0 SW 86TH ST 0 co g 8601 ° ° o 0 0 0 �n co QD LO W) � cL o ° co CA `° `n m co m j-- WO 0 0 0 o 8 6p0 SW 87 T CCD M Of CA U1 01 G ° (n O w N O 0 o o 0 0 0 300 600 900 1,200 1,500 Feet JVY 0J1\LJ 01 5990 5960 5990 CD CM a 0, o 0 ul� M o 'q O Oro m ° 5901 o M 0 W ti r h CD o 0 w 0 5971 o rn to 0 in 0 0 co SW 84TH O O O t- O `- O n o 0 u� u � 0 o 0 0 SW 87TH ST 7-- ssso m O A O O O 8410 8411 X20 6�2� n° �n 8500 8501 h Lo 0 H LO h on In 8510 0 co o u� m to ro 00 co o° 8520 Lo in LO Lo to 0 SW 86TH ST 0 co g 8601 ° ° o 0 0 0 �n co QD LO W) � cL o ° co CA `° `n m co m j-- WO 0 0 0 o 8 6p0 SW 87 T CCD M Of CA U1 01 G ° (n O w N O 0 o o 0 0 0 300 600 900 1,200 1,500 Feet 5990 5960 5990 CD CM a 0, o 0 ul� to O O in O 5901 5991 5961 h 5901 5971 5941 5921 SW 87TH ST 7-- ssso m O A O O O 8410 8411 X20 6�2� n° �n 8500 8501 h Lo 0 H LO h on In 8510 0 co o u� m to ro 00 co o° 8520 Lo in LO Lo to 0 SW 86TH ST 0 co g 8601 ° ° o 0 0 0 �n co QD LO W) � cL o ° co CA `° `n m co m j-- WO 0 0 0 o 8 6p0 SW 87 T CCD M Of CA U1 01 G ° (n O w N O 0 o o 0 0 0 300 600 900 1,200 1,500 Feet 5990 5960 5900 U 0 ul� 5991 5961 A 5901 � h SW 87TH ST 7-- ssso m O A O O O 8410 8411 X20 6�2� n° �n 8500 8501 h Lo 0 H LO h on In 8510 0 co o u� m to ro 00 co o° 8520 Lo in LO Lo to 0 SW 86TH ST 0 co g 8601 ° ° o 0 0 0 �n co QD LO W) � cL o ° co CA `° `n m co m j-- WO 0 0 0 o 8 6p0 SW 87 T CCD M Of CA U1 01 G ° (n O w N O 0 o o 0 0 0 300 600 900 1,200 1,500 Feet Stephen J. & Maria A. Huber 5890 SW 84 Street Miami, Florida 33143 (305) 609 -6425 (C) (305) 662 -9288 (H) October 1, 2004 City of South Miami Planning & Zoning Department City Hall 6130 Sunset Drive South Miami, Florida 33143 Re: 5890 SW 84 Street, Miami, Florida Lot B of Seaview Estates, PB 63, page 94 of the Public Records of Dade County, Florida Stephen J. & Maria A. Huber Gentlemen: We have been the owners of the above 1 story/3 bedroom home since 1992. At this time, we would like to add on our existing property a 2 car garage. Unfortunately, due to the irregularity of the lot and the drain field location it is impossible to build the garage on the existing lot without being granted a variance. In our recent meeting with the city manager we were told that there were plans to build a circle at the intersection of SW 84 Street and SW 59th Avenue, which includes the northwest corner of the lot. Originally we were planning to file for the excessive easement to be deeded back to us, but with the plans for the circle we are unable to file until the circle is completed. The time frame for the circle its 1 Y2 years. According to the survey attached the circle would not be affected by the construction of the proposed garage. The variance we are requesting is to allow us to reduce required setback of the proposed garage from 25 feet to 3 feet. The NE corner of proposed garage currently shows a 3 foot setback. We are hereby requesting the approval of a hardship variance from the city of South Miami to accommodate the new garage. Please review and feel free to contact us with any questions you may have. Thank you, CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 25, 2005 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:38 P.M. Action: The Pledge of Allegiance was recited in unison. IL Roll Call Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Gibson, Mr. Comendeiro, Mr. Liddy, Mr. Illas, and Mr. Mann. Board members absent: Ms. Yates City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Planning Board Applications / Public Hearings Chairman Mr. Morton swore in speakers PB -05 -003 Applicant: Stephen J. and Maria A. Huber Location: 5890 SW 84 Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE Planning Board Meeting January 25, 2005 Page 2 of 3 FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT IN THE FRONT SETBACK AREA; VARIANCE REQUEST IS TO PERMIT A THREE FOOT FRONT SETBACK WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED: ALL ON A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT SPECIFICALLY LOCATED AT 5890 SW 84 STREET, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW ESTATES; AND PROVIDING FOR AN EFFECTIVE DATE. ACTION: Mr. Morton read the item into the record. Mr. O'Donniley presented the staff report. He explained the applicant is requesting approval of a variance from Section 20- 3.5(E) of the Land Development Code to allow a garage structure to be built in the front yard of a house. He noted that the applicant's hardship (explained in Mr. Huber's letter) is due to the irregular shape of their property and the location of an existing septic tank on the east side. The proposed garage and a new parking driveway (permitted) would be built in the front setback area which is 25 feet. A 40 foot wide street easement (SW 84 Street) exists along the front property line of the lot. This easement is scheduled to be used as part of a traffic circle to be constructed by the city in the near future. The variance required is to permit a three front setback where a minimum of 25 feet is required. Planning staff presented a power point presentation of the property. In addition, Mr. O'Donniley provided the following staff observations: • The City's Land Development Code strongly discourages the location of a parking structure or an accessory structure to be in any setback area. (Sec. 20- 4.4(F)(5) and Sec.20- 3.6(I)(3) ) • The use of the easement and the construction of a traffic circle by the City would bring the roadway very close the front of the house. The construction of a garage at the location indicated on the plan would result in a structure within a few feet of the right -of -way. • It appears that the original location of the house on the lot precluded the placement of a garage. • A claim of hardship to allow a garage to be built in the front setback is not appropriate in that the garage is not essential for the continued use of the property. • The proposed garage location would not be compatible with the appearance of other homes in the vicinity. • The proposed variance, if granted, would confer on the applicant a special status not being made available to other properties in the immediate vicinity. RECOMMENDATION Planning staff recommended that the variance request be denied. The Board, applicant and planning staff discussed the item. Planning Board Meeting January 25, 2005 Page 3 of 3 Applicant present: Stephen and Maria Huber explained to the Board that due to an irregularity of the lot and the drain field location it is impossible to build a 2 car garage on the existing lot without being granted a variance. Mr. Morton then opened the Public Hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE David Tucker, Sr. 6556 SW 78 Terr. Opposed Mr.' Tucker stated to the Board that he believed the minimum of 25 feet front setback is required and the variance should not be approved. Sharon McCain Opposed Ms. McCain indicated that she opposed this variance and had concerns in regards to the existing oak trees on that side of the properly because she wants the oak trees to be preserved. Yvonne Beckman Opposed Ms. Beckman opposed the variance and requested that the variance be denied. Jay Beckman 6520 SW 65 St. Opposed Mr. Beckman opposed the variance. Mr. Morton closed the Public Hearing. Motion: Mr. Mann made a motion to deny the variance. Mr. Liddy seconded the motion. Vote: Ayes 3 Nays 3 (Ms. Gibson, Mr. Illas, Mr. Comendeiro) The motion tied. Mr. O'Donniley suggested that someone should make the opposite motion. Motion: Mr. Mann motioned to approve the variance. Mr. Comendeiro seconded the motion. Vote: Ayes 3 Nays 3 (Mr. Liddy, Mr. Morton, Mr. Mann) The motion tied. Mr. O'Donniley noted that Item PB -05 -003 will go forth to City Commission with no recommendation from the Planning Board. DOD /SAY /pel K:\PB\PB Minutes12005 Minutes\PB MINS 1- 25- 05.doc ° o! { { }!I((7/ §] )f£ \mm6 )§ ■ \ \ `!` /-*± a _X \k \2ƒ«);/ k( }\ \ �{ \ \{ � >FFo \ ƒ!\[ /\ m 3b r e -/ -! ) hI 0 . H. c /\} � \\ } }E } \� : o! @2 §] )f£ \mm6 )§ ■ ° `!` /-*± a _X \k \2ƒ«);/ k( }\ \ �{ \ \{ � >FFo K m 3b r -/ hI 0 . H. c ~ } \ \\ } }E \� ƒ( \\2 m ! ` \i3 \ . /!2! 3. . 2 . � k