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08-17-04 Item 135ouT U ' O RI CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: August 17, 2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager 6230 SW 701" 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 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 SUMMARY OF REQUEST The applicant, Dr. Arthur Kolsky 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 an 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. APPLICABLE REGULATIONS (SeeATTACHMENT) • 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 out -of date 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 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. 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 commercial 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. (5) 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. 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 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 commercial offices will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances for 6230 SW 70th 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. Attachments Draft Resolution LDC Applicable 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' ;io E: \Comm Items\2004 \8 -17-04 \Variance 6230 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 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 WHEREAS, Application No. PB -04 -011 was submitted to the Planning Board by the applicant Dr. Arthur Kolsky, 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 Kolsky 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) 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 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this , day of , 2004 8 9 10 11 ATTEST: 12 13 14 CITY CLERK 15 16 17 READ AND APPROVED AS TO FORM: 18 19 20 21 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 E: \Comm Items \2004 \8 -3 -04 \6230 SW 70 Variance Resol.doc APPROVED: MAYOR 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 -3.31). 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 (l )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. (F) (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 (F)(3) Location /Ownership of Spaces 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 (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. City of South Miami PB -04 -011 Special Use Approval 6230 SW 70th Street 6611 6610 6611 6610 6611 6610 6621 0 6616 6621 6620 I— 6621 6620 6621 6620 U 6631 O 6632 Q 6631 U 6631 663 6641 0 6630 6631 6640 p 6701 = 6700 6700 6701 6700 6701 6700 N 6711 0 cb 6701 CO 44CO 6711 6710 6711 6710 6711 6710 6718 6721 07 6721 6720 6721 6720 6721 6720 � ° 6731 ^° CIO 6731 6730 6731 6730 6731 6730 ° SW 68TH 6802 6g�� 6370 6350 6300 6801 6800 6801 6800 `D 6812 M M 6840 6915 6810 6825 6820 M 6303 6825 6820 C° O, ° 3 0 684 �p � �� cn (o r 0 6910 CO �°'� 6917 N N 6912 6240 6230 rn 6930 6925 0 C) CO m 6929 ° 6950 rn 6931. �° oD LO m `° 1 N CID LO (D 6941 (°°' 6941 (ND (ND 6940 6941 ° 6970 C �° o R ti3s 3Z 6310 O O 7223 CMO °�' 0� O 00 J 0_ N m O_ 7231 0 7231 O O 7230 O -i ST Z 7243 7240 7000 CD 7240 7251 7301 7248 7311 7020 Cl) 7040 7310 7313 .7320 C14 7300 U 7321 7321 7320 � j F. 7109 7331 7330 7090 7333 7330 7340 7171 M w W 7110 a 7340 6331 7341 0 H 6161 0 5950 61' M (D (D CD ° N ti r- � 7311 7340 �o O 0 LO O v C�' N O O O (D LO O_ O O O O O O -i ST 7000 7020 Cl) 7040 U F. 7109 7051 (n 7090 > 7171 7110 a L 0 H 6161 0 CO ~ CD Q� 6101 > (n 'n SW 72ND ST 6180 0 'n CD ° N ti r- � 7311 7340 �o �YJ 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: Z30 e k) -7t? S LPoBt(s) Block Subdivision - Meets & Bounds: — — Applicant: (1,0 A Phone: Representative: Organization: sle Address: Phone: -If /)� 6#/ . / F Property Owner: /� .� /� ( vtL w Is � Signature: Mailing Address: Phone: Arch itect/Eng ineer: 6 Phone- ' AS THE 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 PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC _Zoning Map Amendment _ PUD Approval _ PUD Major Change THE FOLLOWING: Variance _Special Use _Special Exception Other Briefly explain application and cite specific Code sections: Subsection: Page #Z5 Amended Date: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: Letter of intent _ /,Justifications for change Statement of hardship Proof of ownership or letter from owner _ Power of attorney Contract to purchase Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") X15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" _ 20% Property owner signatures Mailing labels (3 sets) and map Required Fee(s) The undersigned has read this c mppleted application and represents that the information and all submitted materials are true and cone the best ofthe a lica's kZaowl ge and belief. 0� App icant's Signature and title Date Upon receipt, appplications 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 tom-:24 Petition Required -� Method of PavmenttLa, 8/2/00 Date of PB Hearing -7-4-3 -0q Date of Commission Petition Accepted 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 54 40. 10 AC W54FT OF N88FT OF E137FT OF N150FT OF W1 /2 OF SE' /4 OF SE 1/40F SW '/, LOT SIZE 4750 SQUARE FEET OR 10160 -2164 0600 1 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. Justification Whereas the subject property: 1. 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 consideration of the ab ve Arthur S. Colsky requests for variance. SKETCH OF SURVEY scALE 1• a i2o.001 FNt� Tru v D,( 4L, A 6 aAir =L- D4 Ve am Y' ,--&ic4oACN *S jz.,Go" 814$769 Ily f'l 07 ?0 eX Llde. 3 An��fCiA�h�S ZOO molgeowiv zc/+r"M A) .T.,f ---a617,`1 o � ��s�� , ' 6Ni = er�.s•�a y' , � s w 7041 ejPi -lA Z-1.0 ru.�r9 v � wollo F . Iuzo rlr15 NBrt, 3 An��fCiA�h�S ZOO molgeowiv zc/+r"M A) .T.,f ---a617,`1 o � ��s�� , ' 6Ni = er�.s•�a y' , � s w 7041 ejPi -lA Z-1.0 ru.�r9 C$ LOCATION MAP (N.T.s.) 94d 1 2 i I PROPERTY ADDRESS: 6230 S.W. 70th Street, Miami, Florida 33143. LEGAL DESCRIPTION: The West 54.00 feet of on the East 137.00 feet of the North 15C ' of the Southeast '4 s , of the Southeast 4 of Section 25, Township 54 South, Range being in Dade County, Florida. FOR: MARTA MILLIAN GONZALEZ. the North 88.00 feet .00 feet of the West of the Southwest a 40 East, Tying and CERTIFY TO: MARTA MILLIAN GONZALEZ. UNION TITLE SERVICES, INC. STEWART TITLE GUARANTY COMPANY, INC. SURVEYOR'S NOTES: 11 The survey was oortdo"ad for the Purpose Of a'Boundary Survey only anti is not unfenced to dwneate the regulatory tuned rton of WV tedw*, stet". r"00" t or local ar, cY, board, ccmmlesion or other entity. 21 The accuracy Obtained by m"Wromerns and caprdators on tine survey. ma®ta and exceetle ti,e Minimum Tact, I Slandande raquirernenta for 13 S id,11 can area (1 foot In 7.5W leap as specked In Chapter 61017 -6, Fbrlde °dmb16tetiva Code. 3) This SurKy'doea not meect Or desarmins ownership.. 4) Le ga1•dMI1100 tldn SA*3 R to any dedications. IVnitetio m. restrictions reservations or easement3 of recsrd. 61 E7mrrtlttatidrn od is Abatraot Of Title Nil have to he made 10 determine recorded Instrumenm, It arry rgfectirg the property, ssamh Of Public Ascotde not performed by 1hw office. 6j No sfbrt was made by this oMOe to bcwae any underprourd utilities airlrbr SMiat ores waun or souekp ate subku prop" tS} T)tis BuRey has bean prepared for the excRah a use of the entities namso hereon Doty and ma ca,"oaibnit hereon do not ®QarWOo an,: unnamed parties. %LAW N0110es - -thin Usror Easements not noted as videtons 16).Oitvswety6 Of portron6 VW001 wit1n Roadways ndt noted as vrotaterta or ancrosch merits 11) Founded" and/or bo&Vg urulementh tine ground surface that may croes beyond the boundary lines of tha herein described Patael are root shown 12) AV ton Ross or Reber burp and snown On theakeech of survey have no cape unless othervdae Stated, Tai - Fence, ownere* determne by vieuat moans or* (f any); Leila ownership not determined. 14) 1`40' eaarch d records was made by that firm beside the record pint therefore we do riot Impty or accept maponablity ray arty Eel4erFmM Oaltlloatlon or LW ttatlm tor whioh Wd mtation was rot turftlehad. t5) Oontact tix appropriate suir"' iss prior to any design work on the here I1000 penal for Etildtic} anti ZONrg sgOmletlon 1a) PrWaesiOFW Lard Surveyor and Mapper M raspOflatble charger RotBntlO Ortiz L3 4912. State of Florida. 77) This survey a not vend without the signature end the raised Setif of a Honda Lloer Lard Surveyor aid Mapper. t>e� tor10y to the above nerved Arm and or persons tries it* Sketch d Survey d the tle9atbetl property 16 tale and correct to the my WlowW t�la and baAet. as recertyr surveyed end Platted under my drectorr. 01160 Met !rate the tv initium Tachrocal of Standards set in Chapter 61017 -0, Fbdda A,dmtia0•etie Code, pursuant to Section 472.027 Roada St01has& P°tnr .E7ATEt /OB %G1r .4KETCH NO.f i DH/1ikN 8 L 29 -aoor� n - /,3f f /26 3 /38 3G 4112 PREPARED BY: CT���R t.1fTVVf �NC. LB 4507 LAND SURVEYM - LAND PLANNNVG 9,350 S.W. 22nd TERRACE Am"51MMM MIAMI, FLORIDA 33165 ( mmieAgw°tavutr (305) 220 -0073 toieJ oM"00 tFa nP apt .. P.L.0 n AM Paw Rc a.n ft_ roiPOt>AU. rM � a ♦xoglty i N Cja fTttw) a.00N • SmIew I.aTOt81M nr&U e- m txe arstitua�©tr L CL FIIC e.Om erd)oa"h M FO r co" eP. CaWEiQ nalidtFt lieu eM e>rr era rrma�t�, aA t�l[a'e M.P. a m Mom pat[ PCP PMAMpri CalMM PaaT PPa. .c P T (r wraacc I_ Poem m ooM'. P•n r'Crr, ar T,!AW T 1 BY. R 00 ORMZ LS 4312 DR:- RICARDO ORTIZ LS 5629 PROFESSIONAL LAND SURVEYOR & MAPPER, STATE OF FLOR)DA. 2 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 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 16 WHEREAS, Application No. PB -04 -011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Kolsky, said application requesting approval for : (1) a variance from Section 18 20- 4.4(b)(10) of the Land Development Code to allow four off - street parking spaces where the 19 required off - street parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the 20 Land Development Code to allow required parking to be located in the front setback area which 21 is prohibited in the RO zoning use district; and 22 23 WHEREAS, the approval of a variance requires a recommendation from the Planning 24 Board and the approval of the City Commission after a public hearing; and 25 26 WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion 27 by a vote of 4 ayes l nays to recommend approval of the variances with conditions; 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 33 Section 1: That the subject application submitted to the Planning Board by the applicant 34 Dr. Arthur Kolsky requesting approval for : (1) a variance from Section 20- 4.4(b)(10) of the 35 Land Development Code to allow four off - street parking spaces where the required off - street 36 parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the Land Development 37 Code to allow required parking to be located in the front setback area which is prohibited in the 38 RO zoning use district is hereby approved with the following conditions: 39 40 (1) Commercial offices including but not limited to medical, dental, health related uses, day care 41 centers, and any other similar use which has the same required parking are prohibited from 42 locating in the subject building. 43 44 (2) The parking surface shall be constructed of a pervious material 45 46 47 1 (2) 2 3 4 Section 2. That resolution shall be effective immediately after the adoption hereof. 5 6 7 PASSED AND ADOPTED this , day of 8 9 10 11 ATTEST: 12 13 14 CITY CLERK 15 16 17 READ AND APPROVED AS TO FORM: 18 19 20 21 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 E: \Comm Items \2004 \8 -3 -04 \6230 SW 70 Variance Resol.doc 52004 APPROVED: MAYOR Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: (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 (F)(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 • 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. �x DIVE; QAK5 • y ,/ P V" � u L ,t� I � yI Qn j� :ro 6" ,niDO� FUdG_ 3 -l3M 8 —wTL ?� ^7 I _DF__ i N \u LCdi m 2 Qi _ y 4-" 5 16 -PSC ' P nl 1-5s 2ff' tt 70 STREET, 'a' PAVEMENT I , LANDSCAPE PLAN 'J o WERNER DIETEIS AIMO ASSOCIA'T'ES 6230 SW 70 STREET �0 LANDSCAPE ARCHITECTS/PLANNERS A.S.LA. POST OPflOE BO% v.... MIAMI.FLORIOA 331.8 TEL. 3Op -8BI -8888 I RHV181ON6 PLANT LIST, LEGEN D SYMBOL. QUANT. NAME NATIVE Y/N SIZE BS 2 BURSERA SIMAROUBRA Y 12' X 6', 6' C.TR_ Gumbo Limbo CFM 5 CORDYLINE TERMINALIS Me. ANDRE N 31k TRANSPLANT Red TI Plant t DE 40 DURANTA ERECiA Y 2 ,h. X 2' BUSHY Golden Dew Drop DM 3 DRACAENA MARGINATA N 3, 3 HEADS+ Red Edge Dracaena MP 35 MURRAYA PANICULATA N 2' X 1 'h', BUSHY Chalcas, Orange Jasmine PSG 66 .POLYPODIUM SCOLOPENDRIA Y 6" POTS, FULL Wart Fern Qve 2 QUERCUS VIRGINIANA Y 24" CALIP. EXIST Live Oak QV* 1 QUERCUS VIRGINIANA Y '8" CALIP. MOVE Live Oak SP 2 SABAL PALMETTO Y 12'& 15'C. TR. Florida Cabbage Palm. STL 8 SANSEVIERIA TRIFASCIATA LAURENT. N I 'h'- 2, BUSHY Snake Plant TF 14 TRIPSACUM. FLORIDANUM, Y I 'h', BUSHY Gama Grpss Sod and Mulch as indicated FASTEN BATTENS WITH 2-1 3/4" NI CARBON STEEL BANDS.jNO NAILS .� INTO PALH, NIGGLY OF BAiTEN3 , ACCORDING TO NIGHT OF ' REP, TO j, GIVE PROPER. LivERAGE. l �N� Y •. I .� (� 5 SAYERS OF BURLAP HIN. 5— 2x 4x 161. .r 1 I .• �i 1�' `� BATTENS .. STEEL BANDS . t'u : �1�2`� %,•.j :1� �� "� :�t i TOE NAIL BRACE 1� { § TQ BATTEII • , 3- 2% 4 BRACES @ 120', NEW LUMBER HEAVY FALLt OVER 25''4 BRACES @ 9a' HULC11 MIN. 4" BERM 2x 4, BRACE STOP.• 18" LONG - GRADE �ro _ r •`� -•l.. PLANTING SOIL. a 1.I':.•. g�.••. - MIN.-EXCAVATION STAKING FOR PALMS AND TREES_.. 11111. CLEAR• AT TIME OF PLANTING 4" BERM 2., 1tULCH 6"x B" CONC. MOWING SURUB GROUNOGOVER STR'1P 111 j O 1.n:• '•'. I .'f: A4JACEN'I PAVED AAEA PLANTING SOIL AS SPECIFIED SHRUB AND GROUNDCOWE- PLANTING LANDSCAPE PLAN ate. _p�E¢T i_, WERNER DIETEL ,AND AS-S00A'TES II ea I o�,a • zou 1 as -�e-aa 6230 SW 70 STREET � LANDSCAPE AFLCF-I9TEECTS/pLA111MEFiS AS.L..A. P03T OFFIC6 BO% a •• to a +sa ION9 '2 ffi acox ,4 ;mm CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 13, 2004 City Commission Chambers 7:30 P.M. EXCERPT L 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 701h 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 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(3)(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 -011, 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 70th 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 70th 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 1 (Mr. Liddy) Recluse 1 (non- voting) (Mr. Illas) EAComm Items \2004 \8 -3 -04 \Excerpt PB Mins 6230.doc 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 -3.31). 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. '7U ©O ®l/ (.I/OerL rh7j &1017 `,7iie 6es1 &&ro ✓peen max za fie'Sroue I Women Full bikini with buttock .......... $20 Full legs & bikini line .... ....... PO Eyebrows ........................... p0 J�en Back & Shoulders ................`20 ' Full brief ............................$w Chest & Stomach ................ $25 Xem - innualpac� ayes: yearlfr mainfenance for one L- price. D y'oaymar-?V'sriaslor%ayI Luna 9Gatzutra 3107 ciommoo(ore .%%aza • Goconaf grove (lefj 305- 774,178. J�11 (L U omen ® COURTESY NOTICE CITY F SOUTH MIAMI, FLORIDA On Tuesday, August 3, 2004, beginning at 7 :30 p.m:, in the City Commission Chambers, 6130 Sunset Drive, the City Commission wile hold Public Hearings to consider the following items: 1. A RESOLUTION PERTAINING TO A WAIVER OF PLAT RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AT 6706 SW 67 AVENUE, SOUTH MIAMI, FLORIDA. 2.A RESOLUTION RELATING TO A REQUEST FOR APPROVAL OF TWO PARIONG 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. Maria M. Menendez City Clerk For more information please contact-the Planning Department at: 663 - 6326:, q Get the UM Advantage® 1Y ,.,/ Math and verbal review t( Small classes (E Test- taking strategies Iff Expert instructors Mr Practice tests Er Competitively priced Courses also available for: For a brochure;�call PEAT, ACT, SAT H, and individual tutoring 305-529-3999. UNIVERSITYOF DIVISION OF CONTINUING STUDIES I DREAM WATCHES. DOWN TO f EARTH PRICES. Come see our large selection of New { and Pre -Owned Swiss t r Timepieces including Rolex, 27' . It 0 0 N In N I J n i} 3 � Z i Z) V) i- Q I� 3 W _ I = . I~ i E 0 U v 3 ,3 F-)4, l- F- OAUS__ .. 1. =r vT _.._ ( � u,icXiA �Tr�GCa. C, WCM LINK rq 4o f� 2xv 0, ems.,. , `S S:W- rO STREET, lE3' PAVEMENT .LANDSCAPE PLAN'i o WERNER Dlr =TEL AND ASSOCIATES SCALE 6230 SW 70 STREET °•� LANDSCAPE ARCHITECTS/ PLANNERS A.S.L.A. comm. zu;<'I AT POST OFFICE BOX 662136 MIAMI,FLORIOA 33968 03 7- . TEL. aD5 -BB1 -5486 REVISIONS PLAN T LIST, LEGEND SYMBOL QUANT. NAME NATIVE Y/N . SIZE BS 2 BURSERA SIMAROUBRA Y 12' X 611 6' C.TR. Gumbo Limbo CTM 5 CORDYLINE TERMINALIS Me. ANDRE N 3'+ TRANSPLANT Red TI Plant i DE 40 DURANTA ERECTA Y 2 1h' X 2' BUSHY Golden Dew Drop DM 3 DRACAENA MARGINATA N 3', 3 HEADS+ Red Edge Dracaena MP 35 MURRAYA PANICULATA N 2.'X 1 1 /2. BUSHY Chalcas, Orange Jasmine PSC 66 POLYPODIUM SCOLOPENDRIA Y 6" POTS, FULL Wart Fern Qve 2 QUERCUS VIi2GINIANA Y 24" CALIP. EXIST Live Oak — QV* 1 QUERCUS VIRGINIANA' Y 8" CALIP. MOVE Live Oak SP 2 SABAL PALMETTO Y 12'& 18'C. TR. Florida Cabbage Palm STL 8 SANSEVIERIA TRIFASCIATA LAURENT. N 1 1/2'- 2', BUSHY Snake Plant TF 14 TRIPSACUM. FLORIDANUM. Y 1 1/2', BUSHY Gama Grass Sod and Mulch as indicated FASTEN BATTENS WITH 2 3/4" �! HI CARBON STEEL BANDS.' No NAILS . INTO PALM. HICHT OF BATTEFts ACCORDING TO HTC11T OF TREE. TO GIVE PROPER LiVERAGB. 5 I,AY�ERS OF BURLAP MIN. 5 2x 4x: 16)' '_, BATTENS !. ' l',u14�J '� . �! •)� /, � ,���11 � � Y, l STEEL BAtMS TOE NAIL BFtACL TO BATTEN y/ /--3- 2x•4 BRACES @ 1200* NEV LUMBER HEAVY PAUj OUR Z5' 4 'BRACES Q go-; 3 " MULCH. MIN. 4" BERM 2x 4BRACE STOP. 18" LONG GRADE k get t _!� PLANTING SOIL. !� HIM. EXCAVATION ` _tu - STAKING FOR PALMS AND TREES HIM. CLEAR'AT TIME OF PLANTING 4" BERM 2" MULCFF 6 "x 8" con. !!_OWING SHRUB GROUNDCOVEft STRIP I ADJACENT PAVsFI): AREA OD !tom PLANTING SOIL AS SPECIFIEU SHRUB AND GROUNDCOVER PLANTING SCALE 1/3• +1' -0• SHEET LANDSCAPE PLAN'S WERNER DIETEL AND ASSOCIATES 6230 SW 70 STREET LANDSCAPE ARCHITECTS/ A.S.L..A. CCMM. 2074 �14T 03 -18 -04 POST OFFICE BO% 582138 MIAMI•FLORICA 33166 TEL. S05 -681 -9489 I RE-1- I�