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10-19-04 Item 18CITY OF SOUTH MIAMI To: Honorable Mayor, Vice Mayor & Date: October 19, 2004 Commission Members ITEM No. From: Maria Davis Re: Waiver of Plat City Manager t 5837 SW 82 Street RESOLUTION A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 5837 SW 82 STREET, SOUTH MIAMI, FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE - FAMILY ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: In 2002 the same property was subject to a waiver of plat application which at that time required only administrative approval. The application was for the creation of two parcels each with 75 feet of frontage. The application was recommended for approval by the City Manager and subsequently approved by the City Commission at its meeting on June 4, 2002. The waiver of plat procedure at that time did not require public notice or public hearing. The only criteria was that the new lots should meet the minimum dimensional requirements (frontage /lot size) for the zoning district in which it was located. The applicant in following a routine procedure to record the plat document (replat) with the County, discovered that the frontage of the parent parcel was actual 1.53 feet less than 150 feet. This error was made by the applicant's surveyor who sealed the waiver of plat document. The result is that the County would not accept the replat and one of the two lots actually has a substandard frontage of 73.47 feet. The only way for the applicant to correct the situation is to submit a revised plat and obtain a new waiver of plat approval from the City of South Miami. The revised application includes a variance allowing for the substandard lot to be used as a building site. The waiver of plat procedure in the City's Land Development Code was amended in September, 2002 to require public notice, posting, and public hearings prior to final action by the City Commission. In addition, the revised regulations governing a waiver of plat application requires that the proposal must meet a number of criteria set forth in the Code in order to insure compatibility with the Waiver of Plat — 5237 SW 82 St. October 19, 2004 Page 2 neighborhood. The subject new application will be reviewed based upon the new zoning criteria for judging waiver of plats (see below). APPLICABLE REGULATIONS Land Development Code • Section 20 -3.5 Dimensional Requirements (Attached) • Section 20- 4.2(b) Land Subdivision Regulations (Waiver of Plat) (Attached) Dade County Code - Chapter 28 -4 Subdivision Regulations WAIVER OF PLAT REGULATIONS The Land Development Code specifies that the Planning Board first reviews applications before they go to the City Commission. In addition to having to meet minimum zoning standards, Waiver -of Plat applications are to be reviewed by the Planning Board and City Commission on the basis of neighborhood compatibility. Specifically, three criteria are applied: (a) Whether the building sites created would be equal to or larger than the majority of the existing building sites and of the same character as the surrounding area (this shall be demonstrated using copies of the official plat maps for the subject property and surrounding neighborhood). (b) Whether the building site created would result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations. (c) Whether the building site created would be free of encroachments from abutting buildable sites. The City Commission may designate additional conditions in connection with a waiver -of -plat, in order to assure that the proposed subdivision of land conforms to the above requirements. This provision could be used, for example, to ensure the retention of trees on the subject property. ZONING SUMMARY Parent Tract (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Lot size: 23,116 s.f. Minimum lot size 10,000 s.f. required. (d) Building Frontage: 148.53 feet. Minimum frontage 75 feet required. Parcel "A ": (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single - Family (c) Lot Size: 11,808 s.f. proposed. Minimum lot size 10,000 s.f. required. (e) Building frontage: 73.47 feet proposed, Minimum frontage 75 feet required. Waiver of Plat — 5237 SW 82 St. October 19, 2004 Page 3 Parcel "B "• (a) Zoning Designation: RS -3 "Low Density Residential" (b) Use: Single- Family (c) Lot Size: 11,307 proposed. Minimum lot size 10,000 s.f. required. (d) Building frontage: 75 feet proposed, Minimum frontage 75 feet required. STAFF OBSERVATIONS (1) The proposed waiver of plat would create two single residential properties in the RS -3 "Low Density Residential ". zoning district. Both of the proposed parcels exceed the RS -3 minimum required lot size. However, parcel A will have a substandard street frontage of 73.47 feet, thereby resulting in the second application for a lot frontage variance request. The variance request would essentially be voided if the waiver of plat is not approved. (2). The applicant's submitted conceptual site plan shows the removal of the existing single family home on Parcel "A ". Both parcels would have new single family home two story homes. The site plan would need to be adjusted to show the second story with a larger side setback. (3) The property is surrounded by single family homes in the RS -3 zoning use district. (4) An analysis of the size of 66 surrounding lots within the standard 500 foot radius indicates that 87% of the surrounding single family home sites are larger than both of the two parcels being created. (A staff produced list and map showing the lot sizes within a 500 foot radius is attached). (5) The new building sites created would not be free of encroachments. The waiver of plat survey shows that the use of the two new lots will require the demolition of all or part of the existing structure, demolition of a wire fence, and the removal of a considerable number of mature trees. PLANNING BOARD ACTION Based upon the staff observations set forth above, the Planning Board at its August 10, 2004 meeting adopted a motion by a vote of 5 ayes 2 nays (Ms. Gibson, Mr. Illas) to recommend denial of the application. RECOMMENDATION It is recommended that the waiver of plat application be denied. The waiver of plat application does not meet the three basic criteria for judging a request. The lot size of both new building sites is below the standard of being equal to or larger than surrounding single family home sites. In addition the waiver of plat would result in creating a non - conforming condition with encroachments. Attachments Draft resolution (for approval only) Application Waiver of Plat — 5237 SW 82 St. October 19, 2004 Page 4 Location Map Letter of Intent Property Survey /Waiver of Plat Site plan -new homes Survey of property sizes( map /list) LDC Regulations applicable Excerpt Planning Board Minutes 8 -10 -04 Public Notices MD /DOD /SAY °=d 40�Q_ E:\Commltems\2004\10-19-04\PB-04-013 5837 SW 82 Str Report Waiver.doc Greenberg Traurig Simon Ferro (305) 579 -0644 Direct Fax: (305) 961 -5644 E -Mail: ferros @gtlaw.com Don O'Donniley, Director Planning Department City of South Miami 6130 Sunset Drive South Miami, Florida 33143 August 23, 2004 Re: Applications by Rick D. Ruiz (Mary Ferre Succar, owner) for Waiver of Plat (PB -04 -013) and Variance of Lot Frontage (PB -04 -014) for property located at 5837 S.W. 82 Street, South Miami, Florida. Dear Mr. O'Donniley: Our office represents Mr. Rick D. Ruiz , the applicant in the above .referenced applications ( "Applications ") and Mary Ferre Succar, the owner ( "Owner ") of the property located at 5837 S.W. 82 Street ( "Property"). It is my understanding that the Applications were heard by the South Miami Planning Board on August 10, 2004 and are to be scheduled for hearing before the City Commission soon. We have been retained by Applicant and Owner to represent the Applications within the public hearing process and to determine, through additional research, the correct frontage dimension of the Property. We hereby request that you defer scheduling the Applications for hearing before the City Commission until the October 19, 2004 Commission meeting. Should you have any questions or comments please feel free to contact me. :SF cc: Mary Ferre Greenberg Traurig, P.A. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 1 Tel 305.579.0500 1 Fax 305.579.07171 www.gtlow.cdm 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 48 49 50 51 RESOLUTION NO. A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 5837 SW 82 STREET, SOUTH MIAMI, FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE- FAMILY ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Mr. Rick Ruiz, representing the owner of the property located at 5837 SW 82 Street, has submitted Application No. PB -04 -013 to the Planning Department requesting a waiver of plat, pursuant to Section 20- 4.2(B) of the Land Subdivision Regulations, the purpose of the application being to create two building sites; and WHEREAS, a previous application for waiver of plat for the same property was approved by the City in June. 2002; however said application contained a surveyor's error requiring the submission of a new waiver of plat application and a variance application pertaining to substandard lot frontage; and WHEREAS, the Planning Department recommended denial of the application because the size of the two lots would be smaller than 87% of the surrounding lots within 500 feet, a new criteria applicable to waiver of plat applications; and WHEREAS, the Planning Board at its August 10, 2004 meeting adopted a motion by a vote of 5 ayes 2 nayes recommending denial of the waiver of plat application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section 1. Application No. PB -04 -013 submitted by Mr. Rick Ruiz, representing the owner of the property located at 5837 SW 82 Street, requesting a waiver of plat pursuant to Section 20- 4.2(B) of the Land Subdivision Regulations is hereby approved. 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 48 49 50 Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this ATTEST: CITY CLERK day of , 2004. READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR Commission Vote Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: E: \Comm Items \2004 \10 -19 -04 \5837 SW 82 S Ave Waiver Plat Resol.doc City of South Miami Planning & Zoning Department 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305)663 -6327 Telefacsimile: (305)666 -4591 Application For Waiver of Plat Address of Subject Property: j5r j S"l !�kq 04 t,-f. Lot(s) Block Subdivision PB Meets & Bounds: Applicant: n 1C-w- P. ,�.� LA I> Phone: � r 0_1 I (e$ Representative: Organization: Address: 'i1�J� hK� i5 � T Phone: W 7 S(,p'j. fJ1l�g M % dr1 rJAgK% A S56+5 V,01 -702*- 4551 d Property Owner: fj Signature: / Mailing Address: C; i0.>'J 6W &S Phone: - • •�'UT-N � t�t'L k 33 tAr3 .706 Surveyor: Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee answer the following: Zoning District: KC2.6 *j Septic Tank or Sewer: Public or Well Water Supply: Lot Frontage(s): ISAI Net Lot Area(s): j j Mai � 5etbacKS tor txlstrng tsuuding(s): - Existing Building Coverage(s): Existing Impervious Coverage(s): F.A.R. (For Commercial Only): - )4/4 Abutting Streets / Right -of- way's: 6W Bpi hfpsgirC SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: �C Application Form _ Warranty Deed(s) _ Letter from Owner(s) Power of attorney AContract to purchase Waiver of Plat (22 copies) (Signed &Sealed by a Registered Surveyor) 4Required Fee _ Existing Tree survey Proposed Site Plan The undersigned has read this completed application and represents that the information and all submitted materials are true and t best of the applicant's knowledge and belief. G1g6 Applicant's Signature and title Dat Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed "�� City Approval County Approval Concurrency - Method of Paymene�� - - Rev. 11 -12 -02 City of South Miami PB -04 -012 Variance -Lot Frontage PB -04 -013 Waiver of Plat 5837 SW 82nd Street 6051 5989 5957 5929 77 7980 5841 SW 80TH ST DAVIS RD 604016020J 6000 F 5980 5950 5930 5910 5900 5890 5880 5858 5834 5800 1 6041 160211 6001 1 5991 15981159611593115911159011 15891158811 5847 1 5835 ■ 5785 5775 7910 ■ 5741 ■ ■ 5790 5770 5750 5702 5870 5871 5714 8415831 ROPE soz0 ■ 5753 ssoo ssol 57010 5710 ■ 5700 "8520 [ J57 J11 8512 • ■ 6020 0 5990 5991 5970 5960 8031 5773 5920 5900 5717 5713 5701 ■ ■ ■ SW 81 ST TE 5961 ■ 5780 5760 5740 5720 5700 LW Qi 5781 5761 5747 5727 �701` ■ 5780 5760 5740 5720 5700 (A) ■ ■ 703 5 5989 5961 59515941 5911 8280 5891 5871 586115851158�5801 5785 5765 5753 5711 5701` 8234 8 23 8301 8300 5970 3RD ST 0 5984 5950 5990 5920 5910 5900 8301 5861 751 LM 8315 8310 5827 5 8375 5765 5741 8350 ■ 5885 5851 5731 -� 8325 8340 5951 8391 5971 5941 5921 5901 Q 5891 qT H ST 0 • 6045 8360 = s� $ 5790 ■ W 84TH STo ~ o o ss3o 5soo 0 o s�so s7ao 7200 5900 5870 55980 t 5890 8450 ■ 040 03060206000 ■ 6091 8450 5869 5841 0 5801 ■ 991 588958795851 821 411 071 59815971 21 6051 60315961 5901 8410 420 8421 5770 5711 ■ SNAPPER REEK DR 5870 5871 ssso 5860 5851 5861 8415831 5820 5830 840 5800 5801 821 ssoo ssol 57010 5710 ■ 5700 "8520 [ J57 J11 8512 ]6060 6020 0 5990 5991 5970 5960 5940 5920 5900 6041 6021 6001 5971 5961 5941 5921 5901 i SW 86TH ST 86001 1 6 r59901 5970 5960 5940 5920 5900 [5871 0 58605850 5830 515811 800 5700 5840 5971 5961 5941 5921 5901 ` 40 6020 6000 8615851 5831 5801 ■ SW 87TH ST 5821 59�5960 5860SW 87T 8600 5920 5900 0 5880 58505840 Uls F'■ h Le �l�r 6011 ■ 01 1I I r9911 59811 5971I5961I5951I5941 15931 5865 5865 0 0 1 5845 5811 O5811 5795 j 5787 0 300 600 900 1,200 1,500 Feet FROM :RickRW Z June 28, 2004 -AX NO. :3054482037 Jul. 02 2004 05:42FM P1 D, RUIZ ASSOC. AIA, ACI PLANNINQ AND ZONMO CONiULTAN2• City of South Miami Planning and zoning Department 8130 Sunset Drive, . South Miami, FI 33143 Letter of intent Property: $837 SW 82 Street Folio No.: 016-4036 - 039.0600 [tract A) South Miami, Florida 33143 094035- 039 -0501 (tract B) Request Variance of Section 20.3.5 (E) Dimensional Requirements Single- Family District. R8.3 Lot frontage iftj: 75 [ftj required 1 73.47 litl arovidgd Prior Resolution Rio. 78- 02.11427 This resolution granted the petitioner the right to subdivide the parcel of land into two Sin- gle Family lots within the RS-3 zoned district. Tract A 12,054.75 square fool, more or less, net / lot width 75 feet Track B 11,307.37 square feet, more or less, net / lot width ?5 feet Proposed Change Hardship Tract A 11,808.05 square feet l lot width 73.47 feet In producing the plat for recording purpose the city assigned surveyor as well as the sur- veyor of record found a discrepancy in which the legal description: as well as the site based references, this.discrepancy altered the width of the full frontage parcel from 150 feet to 148.47 ft.. One lot will be effected by the requirement of lot frontage of 75 feet that is tract A, tract 3 will stay with no change as set In the resolution. Tract A will be 1.53 ft shorter in width but wilt still be 1908.09 square feet larger than the 10,000 required with the RS -3 zoned district. The differenoe in width for tract A will still provide a suitable and compatible residence. The setbacks provided will be as indicated on the RS-3 zone, no alterations. Our client had always relied that 150' ft. was the width from time of purchase as indicated ora surveys. Rick D. Ruiz Assoc. AIA, RCI 3 150 SW t5th street Miant Florida 33145 Phone 305 567 -0166 Fax: 305 448 -2037 !:mall; r;,c �391CLCOrr2 W _ ..�...... .,.� - ...... x910. Mill i.. 7900 t 1901 3. ,v i 7510 } 7311 i 7-14 `1390 ..t 7901 `r 9]0� 79�, ..... 1.__ -... .. .. ..3............ 1 LiJ __-'..._..._'._ .._..... X707 ;-,.�. ..�.. :•__�._- .... -._ 7SA0 � : 5785 - w5 � � 74x1 799D j j f t ..�...�.... _ . - _ -� o s r. � -- 4 g 5750 • i s • � 57� E ( SA SM 58� ; �Js'.: '300 1 57,s.. .-.i. • i 54� jl 5910 sm. 144 i _. ._.----- � WS 3X, 54�t s9 5,, . .. .:.i �--• � ao� 5�• s7n 57,a 5701'. W._ ------ 74 i 22 - -� sm -5900 -r .. fay �5 5700 5780•., 1 2 gc, 31 3Z 133 � ..:. S , _ d ........ .� ! SMt sazr &307. _..s7n7 5727 s959 ' S30t ; ' S9at sM9t . , J � a 9 �J S7� st9a. sego: ... . SW 99th �� 5'9:30 5390.549P : - �`.7 J•�� -.- :7 5� A Sf9 5711 -5700 ST01. 5�9t SPI agil T. ,,...._...�.�_. - - -- S vs�_� � � tl� 6 �6 �-- x:62 ��f �� 5 • � �� I �.� � •- r ,1�, � � � ;340 9920 3310 �: SM6t �Sf - .s3z7, 547a , •• LL- 59r71� Mif —1! 5921. �... ,- .i'.'_ -Q� - ..� 'T• 6 ,, i « ........ -- --,- 1 500 Foot Radius Map Approximate Scale: I" = 250' Property Address: 5837 SW 82ND ST. Property Legal: PALM MIAMI HGTS REV PB 43 -37 PORT OF TR 16 & LOT 12 BLK 16 PB 25 -37 DESC BEG 303.46FTW & 125FTS OF NE COR . OF TR 16 TH CONT S160.72FT E75FT N160.86FT W75FT [PALM MIAMI HG REV PB 43 -37 PORT OF TR 16 &LOT 12 BLK i6 PB 25-37 BEG 203.46FTW & 125FT S OF NE COR OF TR 161FT S160. Be E75FT N1.45.86FT Lot size research 5837 SW 82 STREET Lot A 11,808.80 Lot B 11,307.37 Poroperties Less than or Equal to 13% 87% ADDRESS LOT SIZE 1 5900 SW 80 Street 14,038.74 2 5890 SW 80 Street 14,038.74 3 5880 SW 80 Street 14,038.74 4 5858 SW 80 Street 17,940.00 5 5834 SW 80 Street 18,630.00 6 5800 SW 80 Street 19,568.00 7 5790 SW 80 Street 11,512.20 8 5770 SW 80 Street 10,600.00 9 5901 SW 81 Street 14,038.74 10 5891 SW 81 Street 17,038.74 11 5881 -SW 81 Street 14,038.74 12 5847 SW 81 Street 17,940.00 13 5835 SW 81 Street 18,630.00 14 5805 SW 81 Street 19,568.00 15 09- 4036- 000 -0520 25,830.00 16 5753 SW 81 Street 19,471.00 17 8031 SW 58 Ave 13,200.00 18 5773 SW 81 Street 12,825.00 19 5910 SW 81 Street 14,200.00 20 5900 SW 81 Street 14,200.00 21 5882 SW 81 Street 19,560.00 22 5880 SW 81 Street 10,450.00 23 5858 SW 81 Street 15,519.00 24 5846 SW 81 Street 14,000.00 25 5814 SW 81 Street 14,420.00 26 5800 SW 81 Street 14,000.00 27 5911 SW 82 Street 14,340.00 28 5901 SW 82 Street 14,340.00 29 5891 SW 82 Street 14,760.00 30 5881 SW 82 Street 13,280.00 31 5847 SW 82 Street 14,070.56 32 5827 SW 82 Street 10,950.00 33 5807 SW 82 Street 11,680.00 34 5780 SW 81 Street 13,612.52 Poroperties Less than or Equal to 13% 87% ADDRESS LOT SIZE 35 5760 SW 81 Street 12,508.00 36 5740 SW 81 Street 12,508.00 37 5781 SW 82 Street 13,612.52 38 5761 SW 82 Street 12,508.00 39 5747 SW 82 Street 12,508.00 40 5908 SW 82 Street 11,468.00 41 5900 SW 82 Street 12,208.37 42 5890 SW 82 Street 15,158.00 43 5870 SW 82 Street 21,450.00 44 5850 SW 82 Street 21,450.00 45 5830 SW 82 Street 14,000.00 46 09 -4036- 036 -0025 14,700.00 47A 5780 SW 82 Street 11,310.35 47B 5770 SW 82 Street 11,310.35 48 5760 SW 82 Street 17,875.00 49 1 5911 SW 83 Street 17,203.20 50 8280 SW 59 Ave 12,208.53 51 5891 SW 83 Street 15,452.68 52 5871 SW 83 Street 14,578.00 53 5861 SW 83 Street 14,578.00 54 5851 SW 83 Street 14,578.00 55 5831 SW 83 Street 14,578.00 56 5801 SW 83 Street 15,306.90 57 8275 SW 58 Ave 18,200.00 58 5765 SW 83 Street 14,000.00 59 5753 SW 83 Street 14,000.00 60 5890 SW 83 Street 10,476.00 61 5885 SW 84 Street 26,100.00 62 5861 SW 84 Street 14,560.00 63 5851 SW 84 Street 13,680.00 64 5827 SW 84 Street 20,520.00 65 5801 SW 84 Street 21,402.00 66 8375 SW 58 Ave 120,520.001 Poroperties Less than or Equal to 13% 87% 20 -3.5 SOUTH MIAMI LAND DEVELOPMENT CODE (D) Reserved. Section 20 -3.5E DIMENSIONAL REQUIREMENTS SI1XTCLE- FA,11JILY DISTRICTS REQUIREMENT RS -1 RS -2 RS -3 RS-4 RS -5 Min. hot Size Net Area (sq. ft.) 40,000 15,000 10,000 6,000 6,000 Frontage (ft.) 125 100 75 60 50 Min. Yard Setbacks (ft.) Front 50 35 25 25 25 Pear 25 25 25 25 25 Side (Interior)$ For struc- 12.5 10 7.5 7.5b 7.51, ture 12'or less in height, as mea- sured from the first floor finished floor ele- vation Portion of 25 20 15° 10` 7.5 structure above 12' high as mea - sured j from the first floor finished floor ele- vation Side (Street) 20 15 15 15 15 Max. Building Height Stories 2 2 2 2 2 Feet 25 25 25 25 25 Max. Building Coverage W First floor 20 30 30 30 30 Second 60 60 60 60 60 floor•% of the first floor Mam Impervious Coverage (%) 30 40 40 45 45 a Cumulative width of both side yards shall be not less than 20 percent of total lot width. b Except. that additions to existing structures may have 5 feet interior side setbacks where any portion of the building already has a 5 feet setback. ° For pre - existing improved lots of record in the RS3 or RS4 districts, that are 50 feet or less ____ in. lot width, the second floor setback shall -be- the same as the first floor setback OTHER REGULATIONS 20 -4.2 20 -4.2 Land subdivision regulations. (A) Applicable Regulations. The subdivision of all land within the city shall be subject to Chapter 28 of the Dade County Code of Ordinances and administered by the Dade County Department of Public Works. (B) Platted Lot Compliance. Every building or structure hereafter erected, moved or structurally altered within the city shall be located on a platted lot, except that the city commission may waive platted lot compliance in accordance with section 28 -4 of the County Code and the procedures set forth below. (1) Waiver -of -Plat A waiver -of -plat may be approved by the city commission. Prior to city commission approval, the application shall be reviewed by the planning board. The subject property shall be posted ten (10) days prior to the planning board review of the application, and mailed notice shall be provided to all property owners within a five hundred -foot radius of the subject property. (2) City Commission Findings. Prior to approving a waiver -of -plat, the city commission shall use the following guidelines: (a) The building site created by the proposed waiver -of -plat will be equal to or larger than the majority of the existing building sites and of the same character as the surrounding area (this shall be demonstrated using copies of the official plat maps for the subject property and surrounding neighborhood). (b) Theybuilding site created by the proposed waiver -of -plat will not result in existing structures becoming nonconforming as they relate to setbacks and other appli- cable regulations of these land development regulations. (c) The building site created by the proposed waiver -of -plat will be free of encroach- ments from abutting buildable sites. (3) Additional Conditions. The city commission may designate such additional conditions in connection with a waiver -of -plat as will, in its opinion, assure that such waiver-of- plat will conform to the foregoing requirements. (4) Additional Application Requirements. As part of the required waiver -of -plat applica- tion, applicants shall be required to submit a proposed site plan for the resulting building parcels, an existing tree survey (may be included in property survey) which shall indicate any proposed tree removal or relocation necessary, and, if so, the appropriate city application for tree removal or relocation. (C) Improvements Required. (1) Sidewalks, curbs, gutters, drainage and paving shall be installed by the developer in accordance with Chapter 28 of the County Code and other applicable city require - ments, unless such can be and are waived or deferred by the city commission. (2) No building shall be erected, improved, modified, altered or enlarged in any zoning use district, other than in an RS residential district, unless proper public improvements have been installed. Supp. No. 7 75 20 -4.2 SOUTH MIAMI LAND DEVELOPMENT CODE (D) Creation of Authorized Building Sites. (1) No building permit for the construction of any structure within the city shall be issued until an authorized building site has been created which meets at least one (1) of the following criteria: (a) Is part of a recorded subdivision plat; (b) Is part of an officially approved planned unit development which: i. Provides for all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for plat- ting, and ii. Includes the designation of building areas and easements, alleys and streets required and properly dedicated, and necessary public improvements; or (c) Fronts upon a dedicated public street and was separately owned prior to the effective date of this Code or annexation to the city; (2) Wherever there exists a single - family dwelling unit which was constructed on a building site containing two (2) or more platted lots, the nonconforming lot of record provisions in this Code shall apply. (3) Established building sites shall not be reduced in any manner to a size which is less than that required for the zoning district in which located. (Ord. No. 9 -02 -1777, § 1,' 9- 17 -02; Ord. No. 22 -01- 1753, § 1, 10 -2 -01) 20 -4.3 Sign regulations. (A) Purpose and Intent. Regulations affecting the design, erection and maintenance of signs are established for the purpose of ensuring equitable means of graphic communication, while maintaining a harmonious and aesthetically pleasing visual environment within the city. It is recognized that signs form an integral part of architectural building and site design and require equal attention in their design, placement and construction. (B) Applicability and Definitions. No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered or relocated, until a permit has been authorized and issued by the Building and Planning Department pursuant to this Code and the required submittals in Section 20- 4.3(J). Signs in all zoning districts, except for PUD districts, shall be subject to the regulations in this section. Permitted sign regulations for PUD districts are referenced in those sections of this Code. Words and phrases used in this section shall have the meanings set forth below. Beacon. Shall mean any light with one single, vertical beam directed into the atmosphere. Pole Sign, portable commercial parking lot. Shall mean a single freestanding pole, not exceeding an overall height of six feet. The pole sign is restricted to the'international parking symbol of P inside a circle with an area not exceeding 2.5 sq. ft. The sign shall. have a reflective surface. Supp. No. 7 76 4 soUry INCORPORATED 1927 't+C o tt t 9 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, August 10, 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 7:40 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. Gibson, Ms. Yates, Mr. Comendeiro, Mr. Mann, Mr. Liddy, and Mr. Illas. Board members absent: None City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Planning Board Public Hearings: PB -04 -013 Applicant: Rick D. Ruiz Location: 5837 SW 82 Street A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20- 4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28 -4 OF THE MIAMI DADE COUNTY CODE PERTAINING 5837 SW 82 St. October 19, 2004 Page 2 of 4 TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 5837 SW 82 STREET, SOUTH MIAMI, FLORIDA WITHIN AN "RS -3" LOW DENSITY SINGLE - FAMILY ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EFFECTIVE DATE Action: Mr. Morton read the item into record. Mr. O'Donniley presented his staff report. He stated that in 2002 the same property was subject to a waiver of plat application, which at that time required only administrative approval. The application was for the creation of two parcels each with 75 feet of frontage. The application was recommended for approval by the City Manager and subsequently approved by the City Commission at its meeting on June 4, 2002. The waiver of plat procedure at that time did not require public notice or public hearing. The only criteria was that the new lots should meet the minimum dimensional requirements (frontage /lot size) for the zoning district in which it was located. The applicant in following a routine procedure to record the plat document (replat) with the County, discovered that the frontage of the parent parcel was actual 1.53 feet less than 150 feet. This error was made by the applicant's surveyor who sealed the waiver of plat document. The result is that the City would not sign off on the replat document because one of the two lots actually has a substandard frontage of 73.47 feet. The only way for the applicant to correct the situation is to submit a revised plat and obtain a new waiver of plat approval from the City of South Miami. The revised application includes a variance allowing for the substandard lot to be used as a building site. The waiver of plat procedure in the City's Land Development Code was amended in September, 2002 to require public notice, posting, and public hearings prior to final action by the City Commission. In addition, the revised regulations governing a waiver of plat application requires that the proposal must meet a number of criteria set forth in the Code in order to insure compatibility with the neighborhood. These criteria are: (a) Whether the building sites created would be equal to or larger than the majority of the existing building sites and of the same character as the surrounding area (this shall be demonstrated using copies of the official plat maps for the subject property and surrounding neighborhood). (b) Whether the building site created would result in existing structures becoming nonconforming as they relate to setbacks and other applicable regulations of these land development regulations. (c) Whether the building site created would be free of encroachments from abutting buildable sites. Mr. O'Donniley explained that an analysis of the size of 66 surrounding lots within the standard 500 foot radius indicates that 87% of the surrounding single family home sites are larger than both of the two parcels being created. 5837 SW 82 St. October 19, 2004 Page 3 of 4 He concluded that the waiver of plat application does not meet the three basic criteria for judging a request. The lot size of both new building sites is below the standard of being equal to or larger than surrounding single family home sites. In addition the waiver of plat would result in creating a non - conforming condition with encroachments. Staff recommended that the requested waiver of plat application be denied. At this time, Mr. Morton opened the Public Hearing. Applicant: Rick Ruiz Mr. Ruiz explained to the Board that in producing the plat for recording purpose the city assigned surveyor as well as the surveyor of record discovered a discrepancy in the legal description as well as the site based monuments. This discrepancy altered the width of the full frontage from 150 feet to 148.47 feet. The lot affected by the lot frontage requirement of 75 feet that is tract A. Tract B will have no change in lot frontage. Tract A will be 1.53 feet shorter in width but will still be 1,808 square feet larger than the 10,000 required with the RS -3 zoned district. The difference in width for Tract A will still provide a suitable and compatible residence. Speakers: NAME ADDRESS SUPPORT /OPPOSE Butch Paddor 5851 SW 83rd St. Opposed Application Ms. Paddor opposed the application and thought that the proposed sizes for the houses would not be compatible with the other homes in the neighborhood. Yvonne Beckman 5871 SW 83" St. Opposed Application Ms. Beckman opposed the application and does not want further lot- splitting in the neighborhood. Cathy McCann 5820 SW 87' St. Opposed Application Ms. McCann stated she opposed the application because there was not enough room for two lots on that property. Mary Succar 5837 SW 82nd St. Supported Application Ms Succar (owner of the property in the application) stated that at the time of the waiver of plat back in 2002, there was opposition from the neighbors. Florance Ferre 609 Ocean Dr. Supported Application Ms. Ferre supported the application because she believed that having two homes would increase the value of the neighborhood. Rosario Schrier 5827 SW 82nd St. Opposed Application Ms. Schrier stated she recently bought the house next to the proposed property that requested to be split. She did not support the application. 5837 SW 82 St. October 19, 2004 Page 4 of 4 Eric Johnson 5780 SW 81St St. Opposed Application Mr. Johnson said that he believed that the lot -split would increase slightly the density and also add a potential risk when flooding occurs. Charlotte Dison 8031 SW 58th Ave - - - - - -- Ms. Dison stated she is not opposed to the change but is concerned about increasing density and urged the Board members to consider the impact of lot - spitting on the environment. Victoria Zamorino 5870 SW 82nd St Supported Application Ms. Zamorino supports that application and believes that the proposed properties created would increase the value of the neighborhood. Tina Admiral 5761 SW 82nd St. Opposed Application Yvonne Beckman entered into the record a letter from Ms. Tina Admiral (Ms. Admiral, resident, did not want to speak at the podium) The letter voiced her disapproval of the applications for lot - splitting and variance. W. Mitchell 5911 SW 83rd St. Opposed Application Mr. Mitchell did not agree with the application because the quality of life is diminished as well as the privacy when lot - splitting occurs. Elaine Paddor 5851 SW 83rd St. Opposed Application Ms. Paddor stated she was very pleased when the City Commission voted denial of lot - splitting the Smith Property and did not support the current application for lot- splitting and a possible two -story residence which could be built. Annette Cortese 5908 SW 82nd St. Opposed Application Ms. Cortese was against the application because she believed that lot- splitting causes lack of privacy due to the lots being closer. Thomas Meyer 5837 SW 82nd St. Supported Application Mr. Meyer state that when they purchased the property they had the intention to beautify the land and create two houses that would add value to the neighborhood. From what he had understood the error of not detecting that the parent parcel was actually 1.53 feet less than 150 feet has occurred since 1946. He believes that the situation is a hardship and urged the Board members to recognize that hardship. Mr. Morton closed public discussion.The Board and planning staff resumed discussing the request for waiver of plat. Motion: Mr. Liddy moved to deny the application based on the recommendations by staff. Mr. Mann seconded the motion. Vote: Ayes 5 Nays 2 (Ms. Gibson, Mr. Illas) DOD /SAYE: \Comm Items \2004 \10 -19 -04 \Except PB Mins Waiver 8- 10- 04.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 a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING 10/1912004 REF. 5837 SW 82 STREET in the XXXX Court, was published in said newspaper in issues of 10/08/2004 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 t ' advertis ent 4r publication in the said newspaper Sworn to and subscribed before me this 08 day of OCTOBER A.D. 2004 (SEAL) O.V. FERBEYRE person n% eR • " M9, Commission DD �, Exptrao JOAV 18, 200b -Preschool to The Dave and Mary Alper Jewish Community Center in Kendall will rename its pre - school the "Glen Greenstein Early Childhood Development Center" during a dedication ceremony at 10 a.m. Sunday on the preschool campus at 11155 SW 112th Ave. Mel and Irene .Greenstein. have had a long- standing com- mitment to Jewish education and are naming the building in memory of their son Glen who died in 1974. Glen, there 2 ' /z, was on an outing at U -Pick tomato field with his family when .he fell into an open well. Despite frantic efforts, he could not be freed. The Greensteins embarked on a campaign that resulted in Arts are r( Homestead Bayfront Park will host an "Art Expressions" event from 11 a.m. to 5 p.m. Sunday at the park, 9698 SW 328th St. Admission is $4 per car. The event will feature street art, slam poetry and break dancing, -featuring Stu- dio 28, a group of local artists Prices per person, based on double,occupancy. PRICES DO NOT INCLUDE TAX OFF r S z� i 4 .. K r S z� i �I I { { I i W C u Z � C j �Sm m i r3 a i w. i 5 b i _ x iZ r r IM 1 7 As T.1 t p, � N I , X d �I I { { I i W C u Z � C j �Sm m i r3 a i w. i A opt V AM t I