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09-21-04 Item 16soU7r South Miami o � All- Amefica City ca -� INtORPORATED 1927 �tOR1Q 2001 CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: September 21, 2004 Commission Members ITEM No. From: Maria Davis Re: Variance Request City Manager 6230 SW 70th Street RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE REQUIRED OFF- STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE' 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 Colsky is requesting approval of two parking variances from the provisions of the Land Development Code to allow a single family residential building at 6230 SW 70th Street to be used for office use. The property is located in a small isolated "RO" Residential Office Zoning Use District. The City Commission at its August 3, 2004 meeting deferred action on the request. The staff was requested to provide a more detailed history of the property's Comprehensive Plan land use category assignment and zoning. That information is contained below in a new section entitled Zoning History. The City Commission at its August 17, 2004 granted a deferral of the item until the next Commission meeting. APPLICABLE REGULATIONS (See ATTACHMENT) • Land Development Code Section 20- 4.4(B) " Parking Requirements" • Land Development Code Section 20 -4.4 (F)(3) "Location/Ownership of Spaces" • Land Development Code Section 20 -5.9 "Variances Approvals" • Land Development Code Section 20- 6.1(13)(3)(h) "Planning Board Duty" ZONING HISTORY In 1982, as part of an overall updating to the Comprehensive Plan sponsored by the City, the future land use category covering this property was changed from Public / Semi- Public to Office. In 1988, as part of the preparation of a new Comprehensive Plan, the City re- designated the subject property with the future land use category: Residential Office. The zoning classification. remained RM -24, High Density Residential. In order to use the existing single family residence as a real estate office and to make the property conform to the new Comprehensive Plan future land use category the owner, Mr. Robert Strickland, filed an application to change the zoning district from RM -24 to RO, Residential Office. The City Commission, at its July 8, 1988 meeting, granted approval of the request. The issues related to preserving trees and parking spaces were discussed prior to approving the zone change request. In December 1988, the applicant applied for a series of variances in order to permit use of the building as an office. Theses variances included waiving" of parking requirements, variances needed due to the specific site plan submitted at that time, and variances needed to waive requirements in the Code which are no longer applicable. The variances were recommended for denial by the Planning. Board. The City Commission at its January 3, 1989 meeting denied all of the variances requested. BACKGROUND (1) The subject property is a single family residential building, which is a legal non- conforming structure ( dimensions are substandard)'. The property may continue to be used for permitted use in the RO district as long as the parking requirements are met and the dimensional non - conformity is not increased. (2) The property is located on a narrow street with opposing one way traffic, just west of the subject site. North of the property (RS -3) are single family homes; east of the site (RO) is the parking lot of a large office building; west / south of the site (RM -24) is an apartment building and a tennis court. (3) The parking variances are being requested so that the number of off - street parking spaces provided would be sufficient to permit the structure to be used for general offices. The type of offices in an RO district is very limited and at this site would be further limited by the number of off - street spaces provided. Based upon the size of the structure (1162 sq. ft.) a total of five parking spaces would be required for most professional and business offices at a formula of one space for each 250 sq. ft of gross floor area. Offices such as medical, dental, or other health related uses would not be able to locate in this building due to a higher number of spaces required. (3) 0 The applicant is proposing to save several of the large oak trees currently located in the front yard of the property. This action will limit the number of spaces on the site to four, resulting in the first variance request to waive one required parking space. The configuration of the site and the location of the structure will require parking spaces to be placed in the front yard including the front setback area. Parking in the required front setback is allowed in all but one zoning district. The RO zoning district does not permit required parking to be located in the front setback area, thereby resulting in the second variance request. STAFF OBSERVATIONS % RECOMMENDATION • The applicant's claim of hardship ,states that the size and shape of the property prohibits its use for commercial offices as permitted in an RO zoning district. • The applicant states that in order to use the property, the small size of the property's frontage requires the variance requested to provide a more effective parking layout. • The applicant also points out the requested variances will allow for the protection of two mature oak trees. • The applicant's site plan shows preservation of the large oak trees and the addition of landscaping materials which will improve the appearance of the property and reduce the visual impact of the front yard parking spaces. • The variances requested are necessary to relieve a particular condition relating to a specific property, and the strict application of the City's parking requirements would result in peculiar hardship upon the owner of the subject property. • The proposed variance, if granted, would not confer on the applicant a special status; there are no other properties in the immediate vicinity which have this hardship. • The approval of the variances should recognize that certain type of office uses will not be permitted due to their increased parking requirement. • It is recommended that the two requested variances for 6230 SW 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 I 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,° �' E: \Comm Items \2004\ -7- 04\varianc 6230 SW 70 Str Report.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 -3.3D. Where fractional spaces result, the number of spaces required shall be the next highest whole number. (1) Two (2) spaces per dwelling unit. (2) Two (2) spaces per dwelling unit, provided that at least one (1) space per unit shall be enclosed. (3) One and one -half (1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one or more bedrooms, plus an additional visitor space for every ten (10) units. (4) One (1) space per guest room, plus two (2) spaces for the reception office. (5) One and three - quarters (1.75) spaces per bed. (6) One (1) space per three (3) seating spaces in the main assembly room. (7) One (1) space per one hundred (100) square feet of gross floor area. (8) One (1) space per one hundred fifty (15 0) square feet of gross floor area. (9) One (1) space per two hundred (200) square feet of gross floor area. (10) One (1) space per two hundred fifty (250) square feet of gross floor area. (11) One (1) space per three hundred (300) square feet of gross floor area. (12) One (1) space per four hundred (400) square feet of gross floor area. (13) One (1) space per five hundred (500) square feet of gross floor area. (14) One (1) space per one thousand (1,000) square feet of gross floor area. (15) One (1) space per four (4) seats or seating places. (16) Five (5) spaces per alley or five hundred (500) square feet of rink area. s 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 (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 o'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. 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO 6 PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH 7 STREET IN AN "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A 8 COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE 9 LAND DEVELOPMENT CODE TO ALLOW FOUR OFF- STREET PARKING SPACES WHERE 10 THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 11 20- 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO 12 BE LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO 13 ZONING USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE 14 15 16 WHEREAS, Application No. PB -04 -011 was submitted to the Planning Board by the 17 applicant Dr. Arthur Colsky, said application requesting approval for : (1) a variance from 18 Section 20- 4.4(b)(10) of the Land Development Code to allow four off- street parking spaces 19 where the required off - street parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3) 20 of the Land Development Code to allow required parking to be located in the front setback area 21 which 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 1 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 Colsky requesting approval for : (1) a variance from Section 20- 4.4(b)(10) of the Land 35 Development Code to allow four off - street parking spaces where the required off- street parking is 36 five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the Land Development Code to 37 allow required parking to be located in the front setback area which is prohibited in the RO 38 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 32004 8 9 10 11 ATTEST: APPROVED: 12 13 14 CITY CLERK MAYOR 15 16 Commission Vote: 17 READ AND APPROVED AS TO FORM: Mayor Russell: 18 Vice Mayor Palmer: 19 Commissioner Wiscombe: 20 Commissioner Birts - Cooper: 21 Commissioner Sherar: 22 CITY ATTORNEY 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 E: \Comm Items\2004 \8 -3 -04 \6230 SW 70 Variance Resol.doc 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 �-- 6620 6621 6620 U 6631 0 6621 6632 Q 6631 6630 U 6631 6640 6631 6630 6701 = 6641 6700 F-- 6700 6701 6700 6701 6700 N 6711 0 cU 6701 (0 6711 6710 rnN � 6711 6710 6711 6710 7 6721 6718 ° 6720 6721 6720 6721 6720 6721 co° CO 0 6731 6730 6731 6730 6731 6730 6731 � SW 68TH 0 0 6300 6801 6800 6801 6800 6802 63$0 6370 6350 6812 M t- C") 6840 6815 6810 6825 6820 CO 0 6303 6825 6820 CO 8841 N �o ��`y 6�0 Q1i� 0� 6 6910 rn 6g ��0 6917 rn 6912 6240 6230 rn 6930 6(925 0 0 0 6929 0 6931 6950 yo Ln rn CO 1 N° CO LO CO 6941 cD°j 6941 NN CND 940 6941 CO 6970 _... _ o ��o CD p 030 �� 6310 00 0 7223 CD �O �o`� d' O N a `po J a' (DD m 7231 0 7231 -� 7230 co COD 0 7243 7240 rn O 0 0 0 Z 04 7240 7251 'H 7301 7248 7311 0 7000 CV 7310 7313 7320 7300 ~ 7020 7321 7321 7320 � 7331 7330 CO 0 7333 7330 _ �-- 7340 i M ti W o 7051 (/) 6331 7�7340 0 7171 �° M 0 0 0 0j 00 N CD 5950 0 00 0 Ito d' O N O O `- 0 cia Co co co COD LO M N O rn O 0 0 0 CD 'H ST 0 7000 m 7020 0 7040 0 �-- 7109 7051 (/) 7090 7171 7110 Q Q 0 �— 0 765161 m N CO 6101 SW 72ND ST 6180 0 0 Co � N CO 0 7311 7340 ® 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 Sk) �L? S Lots) Block Subdivision PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC Variance — Zoning Map Amendment _Special Use esJustifications _ PUD Approval _Special Exception _ PUD Major Change _Other PB - Meets & Bounds: Contract to purchase Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") /p Ll Applicant: /10 �t P� - ° (Z 0 S Phone: a � I yu I Representative: Organization: Slaw swan Ala—, Address: Phone: Mailing labels (3 sets) and map Required Feels) i Property Owner. /� A/� f� �� /'l � �1 V2 S ' 111! S �V Signature: . 1 Mailing Address: Phone: 3� Us— 1) �� t A � �z t Architect/Enginee� 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 THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC Variance — Zoning Map Amendment _Special Use esJustifications _ PUD Approval _Special Exception _ PUD Major Change _Other PLEASE CHECK ALL THAT APPLY: Letter of intent for change Statement of hardship Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: Contract to purchase Current survey (1 original sealed and signed /1 reduced copy @ 11" x 17 ") A l (Q.v) W kv 4'M4 V 640111— ZOV - eftkj'i-,t� 5 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" 20% Property owner signatures_:t'a A Section: Subsection:q Page #:Z1 Amended Date: ' Mailing labels (3 sets) and map Required Feels) The undersigned has read this c .rnpleted a plication and represents that the information and all submitted materials are true and corre the best of the a lica y's owl ge and belief. ., / Loy App icant's Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for co liance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected anlreturned to the applicant. OFFICE USE ONLY: Date Filed i �-U' Date of PB Hearing �8 'D c( Date of Commission Petition Required --` Petition Accepted t 9&t, +•' Method of Paymen , 8/2/00 Skin Source Inc. 8220 SW 52 Ave S. Miami, FL 33143 305- 740 -6181 Application for Zonina Variance Date: May 23, 2004 Location: 6230 S.W. 70th Street, South Miami, Florida 33143 Legal Description: 25 54 40.10 AC W54FT OF N88FT OF E137FT OF N15OFT OF W1 /2 OF SE 1/a OF SE 1/a OF SW 1/4 LOT SIZE 4750 SQUARE FEET OR 10160 -2164 06001 Variance Requests for the above referenced property: 1. to allow for parking in the front set back zone. 2. to allow for-one less parking space than currently designated Hardships: Whereas: L 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 -0 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 -0 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 you7cideratlon oft above Arthur S. Colsky requests for variance. SKETCH OF SURVEY scAir -l- = i2o.001 1111 Ir W Ap 'IA IQ Ai pdtg:- I A -ry G4 J;JA- cu4'r c5&Jc$aokcN&s lo'so " Iti-ro -rNe w000 FESIC-M -Hiss quo r 15 fj4q�ffiUy I./We S) A - woo o Coyif'S 2,0& - A) 5 '7041 45 A00ORDW TO IIJE WMAL THE FALLS IN FLOOD ZON CC*J.k#JNITY No..- PANEL No.- SUFFIlk }ATE FIRM ZOW, 7 7 ------4 1/10, -e a ra LOCATION MAP (N.r.s.) cT4 � r' s C '1t�' 4 3 PROPERTY ADDRESS: 6230 S.W. 70th Street, Miami, Florida 33143. LEGAL DESCRIPTION: The West 54.00 feet of the North 88:00 feet on the East 137.00 feet of the North 150.00 feet of the West I of the Southeast J, of the Southeast 4 of the Southwest 4 of Section 25, Township 54 South, Range 40 East, lying and being in Dade County, Florida. FOR: MARTA MILLIAN GONZALEZ. CERTIFY TO: MARTA MILLIAN GONZALEZ. UNION TITLE SERVICES, INC. STEWART TITLE GUARANTY COMPANY, INC. SURVEYOR'S NOTES: 1) This survey was conducted for the purpose of e'BOUrdar( Survey only and a not untended b delineate the repWetory aunwiotra+ d any fedarat, state. regional or local agency, board, cornmlasipm or other entity. 2) The accuracy obtained try measurements and caiWasone on this survey, meets and exceeds the Mvtrntrrf Technical Stanctw(b raqurernenat for a.fttwbpn area 0 Not In 7.500 feet) as specified in Chapter 61G17 -8. Florida ^dmNetretive Code. 3) That Sm-ey dose not nallect Or dal MIrie ownership. 4) Legatdsecelpti meut*KA Do any tled10*1110 s. Itrnaetions. reavk:tlone reservations or eamments of record. 5} Ex aminandrt of the Abstract of Trde will have to be made to dalennine reoortisd Instruments. t any effee&p the property, search ot.Publlo'Records not partarned- by Into Mice, M No effort was merle by this deoe to' any underground UUMS86 NXVOr structures Winn Or sousing Ow MA480t properly 817hIs tar-ey has been prepared for the exorah a use or the entl8ee named hereon my and the CO MOBOOM hereon do not eder7d'ip arp unnamed peritas. gp.UIW facilities wiWin UftEavernarite not noted as vida4w5 IgD,v4Waya or pdrtione Inerect w*vr, Roadways not noted as v*Wbdne or encroachments chments 1''a Foundations anti or foosrge underneath the ground surface that may moss beyond. the bcundary lines of the heraln describer) pwasi are not shown 12) PAN son ftm or Reba, found and s'rown on the akatich of survey have no cape unless otherwise stated. t3I. Feaco ownership deWmvne by visual means only (a w o; Lanai ownership net detenTmOd. IQ IqR search d reomde was made cy the 4rm baekde the record pleL therefore we do not imply or acosot Tesvomabisy, for any Esaert'tOM Oadbatlon or Limitation for which attcmnson, was not laxriehed. 15) E:oniga the spPropriste authorities Prior t0 any design work on the hereon-dsecribed percet for Srldrg and Zonlrg infomteson 16)- Prolepsional Land Surveyor aid Mapper In rospom bie charge: ROfendc Ortiz LS 4412. State of Florida. 17) This, survey Is not valld Mlhout" signature arid the raised seal at a Florida Licensed Land Surveyor and Mapper. 1 hereby cer8ly to the above named III" antd or persons that the Sketch d Survey d the tl9eor tied Property Is true and correct m the bast d my Wivvvedge and b". In rem* iumreyed and platred under my mrecoont also that meats IV Minimum Technical Stwiderda sat in Chapter 61Q17 -0. Florida Admi is"di a Code, pursuant to Section 472.027 Florida Statutes. FREPAFED BY: Gt}NMR GROUP, INC. LB 4507 LAND SURVEYNG — LAND PLAWNG 9350 S.W. 22nd TERRACE i76I✓9PfQ MIAMI, FLORIDA 33165 i� r6ASLOM r (305) 220 -0073 Aa ratenn ILay.l r:Arr Pa aer am wn re PPt M FOUND 0111u. "M r° FivtT:a snncrn CA CAIM 4"M intfv7F1 m Ire It necafTtn tax 'sue tog. ad OiO W nvle era Fors Rr. .am Fpl°F CONOMM P"rr -M "n Aim WO PM Par Lp. Liam Pets � SY. R 0 OR-02 LS 43112 {y. trier Peaerauorr wma rper OR:. RICARDO ORTIZ LS 5629 Pl PONT Or ran . Pie Pour Or PROFESSIONAL LAND SURVEYOR IT P°wT °r n""ai+r.* dt MAPPER, -STATE OF FLORIDA. 5- 29 -20'0 pD -1.Mll 1 1,26/3 ( /90 3G � � ME � 1 LANDSCAPE PLAN'i WERNER DIETEL AND ASSOCIATES 6230 SW 70 STREET Q ANDSCAPE ARCHITECTS/PLANNERS A.S.LA. Post �B9 PHVISION6 PLANT LIST-, LEGEND SYMBOL. QUANT. NAME NATIVE Y/N SIZE BS 2 BURSERA SIMAROUBRA Y 12' X 6', 6' C.TR. ' Gumbo Limbo CTM 5 CORDYLINE TERMINALIS Me. ANDRE N 3'+ TRANSPLANT Red TI Plant 1 DE 40 DURANTA ERECTA 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 BUSHY Chalcas, Orange Jasmine PSC 66 .POLYPODIUM SCOLOPENDRIA Y 6" POTS, FULL Wart Fern Qve 2 QUERCUS VIIIGINIANA 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 ,h'- 2', BUSHY Snake Plant TF 14 TRIPSACUM, FLORIDANUM, Y 1 W, BUSHY Gama Grass Sod and Mulch as Indicated FASIER BATTENS HITH 2- 3/4" • �i NI CARBON STEEL Bami NO NAILS ,; INTO PALM. HIQRT OF BATTENS, ACCOROINc To ItImm OF 'TREE TO GIVE PROPER L*ERAGE. 5 LAYERS OF BURLAP X. N. 5- 2x 4x 16! BATTENS STEEL Bn1ms . J ��' 1�11,F�,. It, „- / TOE NAIL BRACk v' k. 44 1 il'TO BATTEN t //`,I 3- 2x 4 BRACES @ 120', NEW LUMBER / HEAVY PAW OVER 25' 4 BRACES @ 90' 3 " MULCH. MIN. 4" BERN 2x 4 BRACE STOP. 18"' LONG , r CRAOE YID M t •�. ,� PLANTING SOIL• 4 HIM. EXCAVATION F' n1 =1110( 'uhf =Jl, STAKING FOR PALMS AND TREES,", I HIN. CLEAR* AT TIME OF PLANTING SHRUB AND GROUNDCOVER PLANTING . scnl.s S"eeT L _ r LANDSCAPE PLAN I e r_p W ERNER DIETEL AND ASSIDCIATIES 6230 SW 70 STREET LANDSCAPE ARCH IITECTS /PLANNERS A.S.L.A. P03T OFPIC6 BO% Da MIAMI, PCnwIOA �sB T6L. aO66Bf -9G0B I R6N910NS �AT �3 OPP co F s CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, July 13, 2004 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:47 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Gibson, Mr. Comendeiro, Mr. Liddy, and Mr. Illas. Board members absent: Mr. Mann. City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). PB -04 -011 Applicant: Dr. Arthur Colsky Location: 6230 SW 70" 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 204.4(B)(19) 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 70t" 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) E: \Comm Items \2004 \8 -3 -04 \Excerpt PB Mins 6230.doc 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 Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 9/21/2004 - in the XXXX Court, was published in said newspaper in the issues of 09/10/2004 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, com ' s on or refund for the purpose of securing adve ement or publication in the said newspap . Sworn to and subscribed before me this 10 P BER A.D. 2004 (SEAL) Marie 9, mesa O.V. FERBEYRE personally know a My Commission DD293855 X. Ex0ft March 0k, 2009