07-27-04 Item 11CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: July 27, 2004
Commission Members
Item No.
From: Maria Davis Re: Variance Request
City Manage m 8280 SW 59 Ave.
RESOLUTION
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE
FROM SECTION 20- 3.6(B)(7) OF THE LAND DEVELOPMENT CODE TO ALLOW
THE AIR CONDITIONING EQUIPMENT SETBACK (WEST SIDE) TO BE 2.5
FEET FROM THE PROPERTY LINE WHERE A MINIMUM OF 5 FEET IS
REQUIRED ON PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY
RESIDENTIAL USE DISTRICT, LOCATED AT 8280 SW 59 AVE., SOUTH
MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 29, 30, BLOCK 4,
"SEAVIEW PARK AMENDED SUBDIVISION" PLAT BOOK 17, PAGE 80; AND
PROVIDING FOR AN EFFECTIVE DATE
APPLICANT'S REQUEST
The applicant, James Denman, is requesting approval of a variance from Section 20-
3..6(B)(7) of the Land Development Code to allow an air conditioning equipment /
concrete deck to be setback only 2.5 feet from the property line, where a minimum of five
feet from the property line is required.
APPLICABLE REGULATIONS (See ATTACHMENTS)
• Land Development Code Section 20- 3.6(B)(7) "Yard Encroachments"
• Land Development Code Section 20 -5.9 "Variances Approvals"
• Land Development Code Section 20 -6.1 (B) "Planning Board Duties "
BACKGROUND & ANALYSIS
The applicant's contractor John Micali, completed a new single family building on the
site in May, 2004. The air conditioning unit on the west side of the house was placed only
2.5 feet from the side property line. The City's Land Development Code allows an A/C
unit to built in the setback area however a special provision in the "Yard Encroachments"
section requires that the unit remain at least five feet from the property line.
Variance — A/C Setback
July 20, 2004
(2)
The applicant's letter of justification indicates that this error was made because the
permit drawings did not show the A/C unit to scale, thereby causing the mistake in
location. The applicant further states in his letter of hardship that moving the A/C unit to
the rear yard would make it more visible to the neighbors because it is a corner lot.
STAFF OBSERVATIONS
• The applicant's position is that being a corner lot is a hardship. This is not an
appropriate claim in that this is a newly constructed building and there was ample
opportunity at the design stage to meet all required setbacks.
• The applicant's claim of hardship has been brought about by actions of the applicant /
property owner.
• 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 July 13, 2004 meeting adopted a motion by a vote of 6 aye 0
nay to approve the requested variance.
RECOMMENDATION
It is recommended that the variance request be denied for the reasons set forth in the
Planning Staff Observation section above. If the Commission wishes to accept the
Planning Board's approval recommendation an appropriate draft resolution is attached.
Attachments:
LDC Applicable Regulations
Draft resolution
Location Map
Application
Letter of Intent
Hardship Letter
Survey,
Site Plan
Planning Board Meeting Excerpt, 7 -13 -04
Copy of Public Notices
MD /DOD /S Y Dm�
E: \Comm Items \2004 \7 -27 -04 \8280 SW 59 Av Variance Report.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 20-
6 3.6(B)(7) OF THE LAND DEVELOPMENT CODE TO ALLOW THE AIR CONDITIONING
7 EQUIPMENT SETBACK (WEST SIDE) TO BE 2.5 FEET FROM THE PROPERTY LINE
8 WHERE A MINIMUM OF 5 FEET IS REQUIRED ON PROPERTY WITHIN AN "RS -3"
9 SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 8280 SW 59 AVE.,
10 SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 29, 30, BLOCK 4,
11 "SEAVIEW PARK AMENDED SUBDIVISION" PLAT BOOK 17, PAGE 80; AND
12 PROVIDING FOR AN EFFECTIVE DATE
13
14
15
16 WHEREAS, application no. PB -04 -008 was submitted to the Planning Board by the
17 applicant James Denman, said application requesting approval of a variance from Section 20-
18 3.6(B)(7) of the Land Development Code to allow air conditioning equipment to be 2.5 feet from
19 the property line where a minimum of 5 feet is required, on property within an "RS -3" Single -
20 Family Residential Use district, located at 8280 SW 59 Avenue, South Miami, Florida, and
21 legally described as lots 29, 30, Block 4, "Seaview Park Amended Subdivision" Plat Book 17,
22 page 80; and
23
24 WHEREAS, the applicant has stated that the placement of the A/C unit was a mistake
25 made at the time of construction of the new house; and,
26
27 WHEREAS, the approval of a variance requires a recommendation from the Planning
28 Board and the approval of the City Commission after a public hearing; and
29
30 WHEREAS, the Planning Department staff recommended denial of the variance
31 application because the claim of hardship has been brought about by actions of the applicant and
32 the proposed variance, if granted, would confer on the applicant a special status not being made
33 available to other properties in the immediate vicinity; and
34
35 WHEREAS, on July 13, 2003 the Planning Board, after public hearing, voted 6 ayes 0
36 nays to recommend approval of the variance request; and
37
38 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
39 the recommendation of the Planning Board.
40
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
43 MIAMI, FLORIDA:
44
45
46 Section 1: That the subject application submitted by the James Denman, requesting approval of a
47 variance from Section 20- 3.6(B)(7) of the Land Development Code to allow air conditioning
48 equipment to be 2.5 feet from the property line where a minimum of 5 feet is required, on
I property within an "RS -3" Single - Family Residential Use district, located at 8280 SW 59
2 Avenue, South Miami, Florida, is hereby approved.
3
Section 2.That the approval of the subject variance is based upon the following findings:
5
6 a) The removal of the A/C unit from its current side yard location and placement in the rear yard
7 would be hardship in that the property is a corner lot and the equipment would be more visible to
8 abutting properties.
9
10 b) The variance requested is of a small, incremental nature and would have minimal impact on
11 surrounding properties.
12
13
c) The variance request is a unique situation that would not be applicable to any other
14
properties in the immediate vicinity.
15
16
1 Section 3. This resolution shall be effective immediately after the adoption hereof.
18
19
20
PASSED AND ADOPTED this , day of
, 2004
21
22
23
24
ATTEST:
APPROVED:
25
26
27
CITY CLERK
MAYOR
28
29
Commission Vote:
30
READ AND APPROVED AS TO FORM:
Mayor Russell:
31
Vice Mayor Palmer:
32
Commissioner Wiscombe:
33
Commissioner Birts- Cooper:
34
Commissioner Sherar:
35
CITY ATTORNEY
36
37
38
39
40
41
42
43
44
45
46
47
48
49
EAComm Items \2004 \7 -27 -04 \8280 59 Ave Resolution.doc
ZONING REGULATIONS
20-3.6
20-3.6 Supplemental regulations.
(B) Yard Encroachments.
(1) Every part of a required yard shall be open to the sky, except -as otherwise permitted
in this Code.
(2) No part of a yard setback required for any principal building shall be included as part
of a required yard setback for another principal building.
(3) Ordinary projections of sills, belt courses, roof overhangs, window air - conditioning
units, chimneys, cornices, cantilevers and ornamental features may project up to
thirty -six (36) inches into required yard setback areas.
(4) Movable awnings may be placed over doors and windows in any requiied yard setback
area, but such awning shall not project closer than two "(2) feet from any lot line or be
vertically- supported.
(5) Canopies may extend from the main entrance of a principal building to the street line
in multi - family or nonresidential districts provided that they:
(a) Do not. extend beyond eighteen (18) inches from any curb -line,
(b) Do not exceed fifteen (15) feet in width or twelve (12) feet in height,
(c) Are not screened or enclosed in any manner, and
(d) Provide a minimum unobstructed, clear space of seven and one -half (7.5) feet
between grade and bottom of valance.
(6) Service station pumps.
(a) Service station pumps and pump islands, with or without roof structures and not
attached to .a principal building ;:may-occupy-requred*.yeirds,
(b) Pumps, pump islands and roof structures shall not be located less than fifteen (15)
feet from public right -of -way lines.
(7) Concrete slabs. Concrete slabs, A/C equipment and/or wood decks may project into
required setbacks and extend up to five (5) feet from property lines. There shall be no
obstructions above forty -two (42) inches in height.
Variance — A/C Setback
July 20, 2004
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
Variance — A/C Setback
July 20, 2004
(8) Open space
(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.
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 personally appeared
O.V. FERBEYRE, who on oath-says that he or she is the
SUPERVISOR, 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 Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - JULY 27, 2004
RESOLUTION REQUEST FOR A VARIANCE SECTION 20- 3.6(B) (7), ETC.
in the XXXX Court,
was published in said newspaper in the.issues of
07/1'5/2004
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 neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this AtMertise publication in the said,
newspaper. ,
Sworn to and subscr' d before me this
15 ULY A. 2
17
(SEAL)
O.V. FERBEYRE
to NETiLLERENA
ItiiY OMISSION # DID 307105
EXPIRES: June 23,2008
6onded?hru Notary Public Underwriters
2
City of South Miami
PB -04 -008 Variance- Setback
8280 SW 59 Avenue
6101 031 6001 5991 5961 5949 5915 5901
7901 7830 � 7861 7830 > 7831 783
171 60916061 SW 79TH ST v Q
130 7911 7910 = 7911 7900 = 7901 790
6110 6080 5990 5980 5960 5940 7900 �
7931 7930 to 7931 M 7931 793
6001
6111 6051 So 5989 5957 5929 5907 5885 5871 U 7980
131 5841 5785 5775
SW 80TH ST cl) DAVIS RD
6120 6040 6020 6000 5980 5950 5930 5910 5900 5890 5880 5858 5834 5800 5790 5770
0
6051 6041 6021 6001 5991 5981 5961 5931 5911 5901 5891 5881 5847 5835 5805.
SW 81ST ST U) 8031 5773
130
6020
6050 040 5950 5930 5910 5900 5882 5880 5858 5846 5814 T
5980
5800
970 c:
0 5780 576
o
6051 6041 5959 5931 5911 5901 5891 5881 5847 5837 0 8140
6011 6001 � 8190 5981 5781 5761
U � SW 82ND ST
8201 916
8202 5990 5980 5960
5940 5908 590 0 5870 5850 5830 0 5780 576
8200
8225
8290 � 5989 5961 5951 941 5911 5891 5871 5861 5851 5831 5801 5785 L5765
.8234 8235
8301 8300 5970
8300 598 950
8315 8310 5990 5920 5 8301 5861 5827 5801 8375 5765
8320 5885 5851
8325 8340 951
8391 5971 941 5921 5901 5891
6155 6045 8360 ¢ 5790 5770
SW 84TH ST
SW 84TH ST O o 0 5830 5800 IE
6150 5990 5980 0 9405930 5900 5870
0 6040 030 020 6000 5890
S
131 071 991 8450 588958795859 58410 5801 411
6091 6051 6031
5981 971 59415921 821
5961 5901 8410 20 8421
SW 85TH ST SNAPPER CREEK DR 5850 5820 8500 8501
I'ST — 5870 5860 840 5800 57010 5711
6090 6060 6020 0 5990 5970 5960 5940 5920 5900 8510
5851
5991 5971 5961 5941 5921 5901 5871 5861 8415831 5801 8520
6111 6041 6021 6001 840 5821
SW 86TH ST 5M
SW 86 860
5990.5970 5960 5940 5920 F59010 F587TO58605850 5830 5820 5800
0 300 600 900 1,200 1,500
Feet
Ob/1b/111IJ4 l b: 17b ;IUb tblb;i b i* 1N1 I Y DEVEWHEK'S HAUE Ub
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
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
XOwner _Owner's Representative Contract to purchase _ Option to purchase _Tenant/Lesse;e
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM:
Text Amendment to LOC 'Variance
—Zoning Map Amendment — Special Use
PUD Approval _Special Exception
PUD Major Change Other
Briefly explain application and cite specific Code sections:
"6'✓ Aed� -%c,:� �`fre i ' d. w+j� i�, -.T5 'r)
Section:„ Subsection: Page #i:: Amended date:
PLFJaSE CHECK ALL THAT APPLY:
te#ter of intent
AJustifications for change
A Statement of hardship
Proof of ownership or letter from owner
Power of attorney
Contract to purchase
X. Current survey (1 original sealed and
signed /1 reduced copy Q 11" x 17 ")
_ 16 copies Of Site Plan and Floor Plans
1 reduced copy @ 11'x 17"
_)�ZO% Property owner signatures
J�Maiiing labels (3 sets) and map
,Required Fee(s)
I e d rs ed has read this completed application and represents that the information and all submitted materials are true and
co ec b st o ° an nowle ge and belief.
A c t ignature and title Date �1
Upon eipt, applications and all submitted materials will be reviewed for com liance with the Land Development Code and other
applied a 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
ai,c /uu J
June 5, 2004
City of South Miami Planning Board
City Hall
6130 Sunset Drive
South Miami, Fl 33143
RE: 8280 SW 59 Ave., South Miami, F1- The Denman Residence
SUBJ: Letter of Intent for Variance
Dear Planning Board:
Please allow this correspondence to serve as a letter of intent for a variance application
for the location of the condensing units at the above noted subject property. Please find
the completed submittal including;
• Justification for hardship
• Proof of ownership letter and approval for submission of variance
• Current official survey of property
• Current site plan
Check for the $1,500.00 fee required
• A mailing list and 3 sets of mailing labels for properties within a 500 ft. radius
• A sworn affidavit attesting to the validity of the mailing list
• A location map showing the properties within 500 Lf. Of the site
• Signed awareness letter form neighboring properties showing their awareness of
the application for variance
® Letter from the West neighbor (Mr. and Mrs. Mitchell) expressing their approval
and desire to keep the units at the original location
Construction of the subject property has just been completed in May 2004. The
condensing units currently exist at the West side of the property,_ as shown on the
original permit drawings. However, the drawings do not show the units to scale and
when installed, the units protrude into the 5.0' west side setback approximately, 2.5'
(see photos, site -plan and survey attached). The current location is only visible to the
west side neighbor. Due to the lot being a corner lot, moving the units to the rear of the
property would be the only area that would comply with the setbacks. This location
would then encumber a large area of the back yard due to the height requirement of the
pads. But far worse is the fact that the units would then be plainly visible to North
neighbor, be even more visible to the West neighbor and be visible from 59h Avenue.
Based on this, we feel keeping the units in the original location is in the best interest of
the owner and all of the neighbors as well as the city of South Miami.
Please do not hesitate to contact me should you require any further information.
Sincerely,
Joh icali
(786) 251 -8931
Preparer of Variance documents on behalf of Mr. Ronald Denman
Encl: Variance Submittal
Justification For Hardship
The subject lot is a corner lot with the front and side setbacks being larger than
the interior side. Additionally, the front and open side are of high visibility on 591H
Avenue, a heavily traveled street for residence of this neighborhood. Had the lot
been an interior lot, center spacing of the residence would allow for ample space
on at least one side of the residence for the units while hiding the units from the
Street and backyards of the adjacent neighbors. We feel the hardship is created
by the corner lot setbacks and the high visibility of the backyard from the street
and from the adjacent neighbors.
The placement of the condensing units at the interior west side as per the original
permit drawings allows for hiding of the units from the public as well as the
adjacent neighbors and any street traffic. We feel the 2.5' encroachment into the
5.0' setback is less offensive than placing the units within the setback at the rear
of the property.
LEGAL DESCRIPTION:
LOTS 29 & 30 BLK 4
AMENDED SEA VIEW PARK _SUBDIVISION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGE 80
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
LOCATION MAP
NTS
CERTIFIED TO:
INFINITY DEVELOPERS.
,59th AVE.
CO
06
ca
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF BOUNDARY SURVEY OF THE ABOVE DESCRIBED PROPERTY IS A TRUE AND
CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS,
AS SET BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS, IN CHAPTER 61 G 17-6 OF THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
ADDRESS: 8280 S.W. 5e AVENUE. MIAMI, FL.
JOB NUMBER: 03-780
DATE OF FIELD SURVEY: JUNE 24. 2004
REVISION DATE:
SURVEYOR'S NOTES:'
EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, !F ANY AFFECTING THIS
PROPERTY -SHOWN ELEVATIONS ARE BASED ON N.G.V.D. (NATIONAL VERTICAL DATUM OF 1929) -LEGAL DESCP.fPTION WAS PROVIDED
BY THE CLIENT -NO UNDERGROUND UTILITIES OR IMPROVEMENTS HAVE BEEN LOCATED, EXCEPT AS NOTED. THERE ARE NO VISIBLE
ENCROACHMENTS OTHER THAN THOSE SHOWN.
ABREVIATIONS (IF ANY)
Z$
MxCENTERLINE
REC.(R�RECORDED
RAD=RADIAL
F.DJL=FOUND DRILL HOLE
P.O.C.=POINT OF CURVATURE
U.E. =U1q,. EASMENT
A/C= AIRCONDI ZONING UNIT
CL��
I;
P/LPROPERTY LINE
S.T
CERTIFIED TO:
INFINITY DEVELOPERS.
,59th AVE.
CO
06
ca
WE HEREBY CERTIFY THAT THE ATTACHED SKETCH OF BOUNDARY SURVEY OF THE ABOVE DESCRIBED PROPERTY IS A TRUE AND
CORRECT REPRESENTATION OF A FIELD SURVEY MADE UNDER MY SUPERVISION AND MEETS THE MINIMUM TECHNICAL STANDARDS,
AS SET BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS, IN CHAPTER 61 G 17-6 OF THE FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
ADDRESS: 8280 S.W. 5e AVENUE. MIAMI, FL.
JOB NUMBER: 03-780
DATE OF FIELD SURVEY: JUNE 24. 2004
REVISION DATE:
SURVEYOR'S NOTES:'
EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS, !F ANY AFFECTING THIS
PROPERTY -SHOWN ELEVATIONS ARE BASED ON N.G.V.D. (NATIONAL VERTICAL DATUM OF 1929) -LEGAL DESCP.fPTION WAS PROVIDED
BY THE CLIENT -NO UNDERGROUND UTILITIES OR IMPROVEMENTS HAVE BEEN LOCATED, EXCEPT AS NOTED. THERE ARE NO VISIBLE
ENCROACHMENTS OTHER THAN THOSE SHOWN.
ABREVIATIONS (IF ANY)
MxCENTERLINE
REC.(R�RECORDED
RAD=RADIAL
F.DJL=FOUND DRILL HOLE
P.O.C.=POINT OF CURVATURE
U.E. =U1q,. EASMENT
A/C= AIRCONDI ZONING UNIT
CL��
MiNfONLW NTLINE
P/LPROPERTY LINE
ENC.--ENCROACHMENT
P.C. =POINT OF CURVATURE
R/W=RUGHT OF WAY
C.B.S.=CONCRETE BLOCK STRUCT.
F.H. =FIRE HYDRANT
C.LF.=CHAIN LINK FENCE
CONC.=CONCREIE
EASMT= EASMENT
W.F.=WOODEN FENCE
O= DIAMETER
SML -SET DRILL HOLE
RES.= RESIDENCE
D.M.E. -- DRAINAGE MAINT. EASIMT.
CALC.(CpCALCULATED
F.LP.-OT-OUND IRON PIPE
S.LP. =SET IRON PIPE
MEAS.(M)--MEASURED
P.O.B.-- POINTOFBEGINNING
ALBERTO R. VARAS
PROFESSIONAL LAND SURVEYOR
AND MAPPER Nu. 3105
STATE OF FLORIDA
DATE: JUNE 24.2004
NOT VALID UNLESS SEALED WITH AN EN9535ED SURVEYOR SEAL
SHEET 1 OF 3
SKETCH OF BOUNDARY SURVEY
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SHEET 2 OF 3
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SHEET 3 OF 3
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.
IL 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.
IV. Planning Board Application / Public Hearings
PB -04 -008
Applicant: James Denman
Location: 8280 SW 59 Avenue
Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM
SECTION 20- 3.6(B)(7) OF THE LAND DEVELOPMENT CODE TO ALLOW THE AIR
CONDITIONING EQUIPMENT SETBACK (WEST SIDE) TO BE 2.5 FEET FROM THE
PROPERTY LINE WHERE A MINIMUM OF 5 FEET IS REQUIRED ON PROPERTY
WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT
8280 SW 59 AVE., SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS
29, 30, BLOCK 4, "SEAVIEW PARK AMENDED SUBDIVISION" PLAT BOOK 17, PAGE
80; AND PROVIDING FOR AN EFFECTIVE DATE.
Planning Board Meeting
Julyl3, 2004
Page 2 of 3
Action: Mr. Morton read the item into record and Mr. O'Donniley presented the staff
report. He explained that the applicant is requesting approval of a variance from Section
20- 3.6(B)(7) of the LDC to allow an air conditioning equipment / concrete deck to be
setback only 2.5 feet from the property line, where a minimum of five feet from the
property line is required. He stated that when planning staff went to the property for a
zoning field examination they found that the a/c pad and the condensing units had
encroached in that required setback. Additionally, Mr O'Donniley explained that the staff
was recommending denial of the variance request for the following reasons:
• The applicant's position is that being a corner lot is a hardship. This is not an
appropriate claim in that this is a newly constructed building and there was ample
opportunity at the design stage to meet all required setbacks.
• The applicant's claim of hardship has been brought about by actions of the applicant /
property owner.
• The proposed variance, if granted, would confer on the applicant a special status not
being made available to other properties in the immediate vicinity.
At this point, Mr. Morton opened the Public Hearing
Applicant: James Ron Denman (Homeowner /applicant)
John Micali (representative)
Name Address
Speakers: Wayne Mitchell 5911 SW 83 St Supported application
Mr. Micali explained to the Board, as stated in his letter of justification, that this error was
made because the permit drawings did not show the A/C unit to scale, thereby causing the
mistake in location. He believed, as well as the applicant, that moving the A/C unit to the
rear yard would make it more visible to the neighbors because it is a corner lot. Mr.
Denman said that the current location of the A/C equipment is only visible to the west side
neighbor. Additionally he stated that due to the lot being a corner lot, moving the units to
the reason of the property would be the only area that would comply with the setbacks.
This location would then encumber a large area of the back yard due to the height
requirement of the pads. But far worse is the fact that the units would be visible to the
north neighbors as well as the west neighbor and visible from SW 59th Avenue. Mr.
Denman finished by saying that if he needed to put additional foliage in order to hide the
unit further, he would do so.
Mr. Mitchell is the west side property owner testified that the variance should be approved
so that the unit can remain in the existing location.
Planning Board Meeting
July 13, 2004
Page 3 of 3
The Board and staff discussed the item. Some Board members inquired if this variance
request were granted would it set a case for precedence for other properties owners. Mr.
O'Donniley responded by saying that all variances are judged on a case by case basis..
Motion: Mr. Illas made a motion to approve the requested variance application. Mr.
Comendiero seconded the motion. The motion was approved by the following vote:
Vote: Ayes 6 Nays 0
DOD /SAY /pel
K: \PB \PB Minutes \2004 Minutes\MINS 7- 13- 04.doe
RESOLUTION NO.
. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20-
3.6(B)(7) OF THE LAND DEVELOPMENT CODE TO ALLOW THE AIR CONDITIONING
EQUIPMENT SETBACK (WEST SIDE) TO BE 2.5 FEET FROM THE PROPERTY LINE
WHERE A MINIMUM OF 5 FEET IS REQUIRED ON PROPERTY WITHIN AN "RS -3"
SINGLE - FAMILY RESIDENTIAL USE DISTRICT, LOCATED AT 8280 SW 59 AVE.,
SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOTS 29, 30, BLOCK 4,
"SEAVIEW PARK AMENDED SUBDIVISION" PLAT BOOK 17, PAGE 80; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, application no. PB -04 -008 was submitted to the Planning Board by the
applicant James Denman, said application requesting approval of a variance from Section 20-
3.6(B)(7) of the Land Development Code to allow air conditioning equipment to be 2.5 feet from
the property line where a minimum of 5 feet is required, on property within an "RS -3" Single -
Family Residential Use district, located at 8280 SW 59 Avenue, South Miami, Florida, and
legally described as lots 29, 30, Block 4, "Seaview Park Amended Subdivision" Plat Book 17,
page 80; and
WHEREAS, the applicant has stated that the placement of the A/C unit was a rnistake
made at the time of construction of the new house; 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, the Planning Department staff recommended denial of the variance
application because the claim of hardship has been brought about by actions of the applicant and
the proposed variance, if granted, would confer on the applicant a special status not being made
available to other properties in the immediate vicinity; and
WHEREAS, on July 13, 2003 the Planning Board, after public hearing, voted 6 ayes 0
nays to recommend approval of the variance request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept
the recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
MIAMI, FLORIDA:
Section 1: That the subject application submitted by the James Denman, requesting approval of a
variance from Section 20- 3.6(B)(7) of the Land Development Code to allow air conditioning
equipment to be 2.5 feet from the property line where a minimum of 5 feet is required, on
r
property within an "RS -3" Single - Family Residential Use district, located at 8280 SW 59
Avenue, South Miami, Florida, is hereby approved.
Section 2.That the approval of the subject variance is based upon the following findings:
a) The removal of the A/C unit from its current side yard location and placement in the rear yard
would be hardship in that the property is a corner lot and the equipment would be more visible to
abutting properties.
b) The variance requested is of a small, incremental nature and would have minimal impact on
surrounding properties.
c) The variance request is a unique situation that would not be applicable to any other
properties in the immediate vicinity.
Section 3. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of , 2004
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E: \Comm Items \2004 \7 -27 -04 \8280 59 Ave Resolution.doc
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
Mary Scott Russell
From: Cindy Thorner [sinthia @prodigy.net]
Sent: Tuesday, July 27, 2004 10:50 AM
To: Scott Russell
Subject: Variance
Please vote "No" on the set back variance for the home
at 8250 SW 59 Avenue. I am very opposed to breaking
the code. This would set a precedent for others and
would not enhance our neighborhood or city.
Very truly yours,
Cindy Thorner
5861 SW 84 St
So. Miami, FL 33143
1