12-07-04 Item 12CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor &
Commission Members
A
From: Maria Davis
City Manager
Date: December 7, 2004
ITEM No.
Re: Variance Request
6230 SW 70th Street
Reconsideration
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
RECONSIDERATION
The City Commission at its November 16, 2004 meeting approved a motion to reconsider
its vote on the above described variance application. The application was denied by the
Commission on September 21, 2004. The Land Development Code provides the
following regulations pertaining to the Commission's reconsideration of an item which
was subject to a public hearing:
Section 20- 6.1(3)(e)
"When any request requiring a public hearing before the planning
board has been acted upon by the commission and denied or failed to
pass, such proposed change, in the same or similar form shall not be
reconsidered by the commission for a period of at least one (1) year
following the date of such action (removed: when denied without
prejudice) except in which case reconsideration is possible after six (6)
months for the date established for the prior hearing at the request of the
majority of the commission "
(2)
The Planning Director's interpretation of the above section is that a reconsideration of a
denied application can be reconsidered if the majority of the City Commission approves.
However the actual reconsideration of the case must be scheduled no earlier than six
months after the denial, which would be in April, 2005.
This type of regulation requiring a one year or six month delay is very common in most
zoning codes. It's purpose is primarily to protect neighborhoods from having to return
meeting after meeting to oppose or support a particular application. Independent of this
regulation the City Commission may have authority to reconsider its vote.
REPORT ATTACHED
The Administration is concerned about the precedent set if a reconsideration of a denied
zoning application is permitted without the proper time span as specified in the Land
Development Code. This could be used as a tactic to wear down opposition.
If the Commission proceeds with reconsidering the item, the Administration's report
from the September 21, 2004 meeting is attached. It is important to note that the Planning
Board and the Planning Department both recommended approval of the variances with
conditions. That recommendation still stands. Staff will support the variance if heard on
April 5, 2004.
Attachments
Copy of 9 -21 -04 Reort
Copy of Public Notices
MD /DOD /SAYS klo i I
E: \Comm Items \200412 -7 -04 \Variance 6230 SW 70 Reconsideration Report.doc
CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: September 21, 2004
Commission Members
ITEM No.
From: Maria Davis C 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 PARKINQ 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 ATTACH�VIENT)
• 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 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 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, 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)
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, thereb
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 701h 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 l
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 I Justification
Survey,
Proposed Site Plan
Planning Board Minutes 7 -13 -04 Excerpt
Copy of Public Notices
I
MD /DOD /SAY �`
E: \Comm Items \2004 \4 -7-04\Varian 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- 3.313.
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.
(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 Va riance 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 g_ 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 A "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A
8 OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND
9 DEVELOPMENT CODE TO ALLOW FOUR OFF- STREET PARKING SPACES WHERE THE
10 REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-
11 4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE
12 LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING
13 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) Offices including but not limited to medical, dental, health related uses, day care centers, and
41 any other similar use which has the same required parking are prohibited from locating in the
42 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
, 2004
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
EAComm Items \2004 \8 -3 -04 \6230 SW 70 Variance Resol.doc
_N
CD
C11
5950
00
M
0
0
0
h�
0
City of South Miami
0 0
0 to O
6310
PB -04 -011 Special Use Approval
to
CD CD
m
mod'
6230 SW 70th Street
COD d' N
O
s
0
m co co CO
3
6611 6610
6611 6610 6621
._I
N
0
6611
6610
6616
6621
6620
6620
6621 6620
U 6631
0
7231
��
CL
CO
6621
qcq
O
M
6632
Q
6631
6630
6631 6640
6631 6630 0 6701
0
6700
6641
6700
6701 6700
6701 6700 � 6711
0
"It c4
6701
6710
6711 6710
6716
�,
6711
6710
6711
3: 6721
E7301
o
U)
6720
6721 6720
6721 6720
7311
CO
6721
6730
6731 6730
6731 6730 6731
0
W
7300
6731
SW 68TH S'
7321
7320
7321
7320
6300 6801 6800 6801
6800
6802
`5�'°
o
6370 6350 D
6812
U)
7333
7330
0
� 6840 6815 -6810 -
6825
-- 6820_
/
CD
M
CO
M M (0
0 0
M 6825
0 6303
M
6820
0
0
6841
6910
o
CO
� 690
°°
6917
ca
��
N N 6912 6240 6230
6930
6925
0 0 CO
6929
a
6931
6950
d°
b�
j
� 0
6941
1
6641
C.I
6941
cND cND 940
6970
aInt
'7nT
_N
CD
C11
5950
00
M
0
0
0
O
0
(D
y ST
C) 7000
CD 7020 .
0 7040
F— .
U
E— 7109
7051 (A 7090
r
7171 (0 7110 Q
0 F-
6161 0 U
6,� 6101
> `9P
U)
SW 72ND ST
0
6180 !2
m
0
h�
0
0
0 0
0 to O
6310
Cp
to
CD CD
m
mod'
M
COD d' N
O
s
0
m co co CO
3
O
0
(D
y ST
C) 7000
CD 7020 .
0 7040
F— .
U
E— 7109
7051 (A 7090
r
7171 (0 7110 Q
0 F-
6161 0 U
6,� 6101
> `9P
U)
SW 72ND ST
0
6180 !2
m
0
h�
°
R
oF7231
'4
6310
(D
co"'
CO C
3
a
._I
N
0
0
7231
��
CL
CO
qcq
N
M
7230
7240
0
N
7240
E7301
7248
co
7311
7340
7311
7310
ti
7300
7321
7320
7321
7320
7331
U)
7333
7330
0
/
_7330
M
may°
Feet
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: (9Z.30 SO %L? S
Lot(s) Block Subdivision
Meets & Bounds:
Applicant: q )
tt .�'�i( S" 0/s_
Phone: -m-
Rep resentative:
Organization:���
Address:
Phone:�S
Property Owner: /1 it �� S " (� ,, Cs.
Signature: � y[ r
Mailing Address: �
Phone: � � � c) 4 fl (0. 1 r
Arch itect/En gin eerr.
@ 41-- f! %6 ti �-°
e
Phon`s j
J� (�
THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner Owner's Representative Contract to purchase _Option to purchase
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM:
Text Amendment to LDC variance
—Zoning Map Amendment _Special Use
_ PUD Approval _Special Exception
_ PUD Major Change _Other
Briefly explain application and cite specific Code sections:
A ffoW Ids W ku �'M4 � 19 0,IL 20v
I ( ® I
Section: 20 Subsection: Page #Z1 Amended Date:
� I
—Tenant/Lessee
iUBMITTED MATERIALS
'LEASE 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 ")
5 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17
_ 20% Property owner signatures P. Vt� JQ
*Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has read this c mpleted application and represents that the information and all submitted materials are true and
corre the best of the a licas knZ,owl ge and belief.
(.
App lcant's Signature and title Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed __161-64 Date of PB Hearing —Dq Date of Commission
Petition Required — i Petition Accepted
Method of Payment
8/2/00
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. 70th Street, South Miami, Florida 33143
Legal Description: 25 54 40.10 AC W54FT OF N88FT OF E137FT OF N150FT OF
W1 /2 OF SE t/4 OF SE t/4 OF SW t/4 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 f 2 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 yon:
Arthur S. Colsky
requests for variance.
S E .TCH OF SURVEY scAtF 1' = 120. oo'
r'
ap fk,
7-� i9r
A �aA c-L- VAlt)EWAY
l e l'td rHe *FWMo LY
f #0106AT ( 1. jd a .
Cd " EV w
3) A u .a 0 4 a'n A e,y- -S
2,001 � 0,69'1,070 T.}' �dT�E72Lf
��?� : +�� �tJ,et✓�,7 ,3„� Y /SSieSGE �^,fC$e9J4G7r�e�!'J�'� .
k M, TO THE NATIONAL FLOOD #OAANM PP03R THE i•T PFi TY BALLS Qd FLOOD ZONE
COMMUNffY Nee. PANEL No. C: DAM OF'FEM PAM Z47hE B4SM F:LOOp a";
7-v 7 - I f4s'
20'
We.
j
'
I �ti c
r,
In
k Z� f WOt7o F Ef%C
I AITO Trl
du: s dJrtiE ,
4
Cd " EV w
3) A u .a 0 4 a'n A e,y- -S
2,001 � 0,69'1,070 T.}' �dT�E72Lf
��?� : +�� �tJ,et✓�,7 ,3„� Y /SSieSGE �^,fC$e9J4G7r�e�!'J�'� .
k M, TO THE NATIONAL FLOOD #OAANM PP03R THE i•T PFi TY BALLS Qd FLOOD ZONE
COMMUNffY Nee. PANEL No. C: DAM OF'FEM PAM Z47hE B4SM F:LOOp a";
7-v 7 - I f4s'
v
ha
w
0
LOCATION TAP (N.T.S.)
T4 r7A r.
Nc
tS1
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
z of the Southeast 1, 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:
11 Tihis air icy was oorx1octed for the purpose of a'Boundary Suwey only and is not intended to delineate the 2yutatory lursdreson
of any toderral, stain. replonal or local sparuy. board. ccmmlesim or other enttr-
2) The aecurscy obtained by meeaunxneras and calculations on the survey, meets and exceeds the Wrifmum Tec3vvbal Standards
requirements for a Suburban area (1 toot in 7.5W ImM as specited In Chapter 61 G17 -6. Florida ^drTnsdatratve Code.
3) The Stavey does riot retest or determine ownership. _
4) Le.galdaerllPdon sublisot (D any dedlea9ons. tmtedons. restrictions rasecvadons or easements of record.
a Ezaminstlpn of me Abetsat of Tide MR have tD be mane to determine recorded Instruments, d any elfao&g Me =Party, Search
of- PUblio'RecoFds rut Performed by the ofte.
M No etfdrt was mane br' this OMM tO locate arty w+ds(WDund utttles anObr structures wBrvn Of aotmep ale W&4" prdperp.
8) 7hk gun-ay has been papered for the excsah a use of the entdea named hereon orh/ and we cent oatons hereon do not
eiQerrd'kr acrl unnamed ps *w
91}'LRUy faa7aea Mthin-LIft Easements nol rated as viWetron'S
to f3tt;'gwaya or pdrtym thereof wA hvi Roadweys not nomd as vrolatdne or ancroaehmer'LV
11) Foundations and/or km&ve unrferneam We gmund terrace that may crass beycina the boundary lines of the herein described
parcel aria trot shown
1$ Pit JIM tripes or Rebar found end shown on the aketr of survey have no cape unties oherweer stated.
1'3) Frame awnarahio determine by visual means or* Id any1: Lspel ownera"P rat 0616mtlned.
14).hkr dasher d records was made by""' 1 111 the record plat therefore we do not Imply or Ito sot reaporskhit/ ter arty
Emearriar4. Dedication or Lhtnatim for which Vdennetm was not furnished.
t3j.C=riect the appoPrfess, aultgdteeprior to arty destiM woM on the heroin- descries parcel for Building end Zbnl g Information
le; ftfaregiorW Land Surveyor and Mapper M rssporlaible charge: Flotando Ortiz LS 4312. State of Florida.
17) This survey Is not valid Mthouttiv elgnat" era he raised seal of a Florida Licensed Lend Surveyor and Mapper.
1 hereby 00WIt to ma above mimed ten and/or parsons the the 3lmtch of Burvey of the described property Is true end Correct to
the heat of my knowWoo and bagel. so recarky surveyed end Ptal aci under rrry dMacb*n; alto that meals to bWhirYnusThTa9hnrca!
6tendards set to Chapter 61017 -0. Florida Admkiatdt a Code. pursuers to Section 472MV Florida 6talutes.
1. 29 -2000 1 1a6�13 1 i941 34 1 Z /9 1 1
PREPARED BY
GUNTER CROUP, INC. LB 4507
LAND SURVEYM - LAND PLANNING
9350 S.W. 22nd TERRACE
6@
9TE7P1$
MIAMI. FLORIDA 33165
iv"
adre�' OF MY
(305) 220 -0073
tc:lRam
w
T
FIRM am rrt
rr rs
raw n
w se-e
rorse.esu sac
FA
r W
nmMaERdauaK
cn
i
caret Y,9rr
snxx0
fmrl
aart I"
t�aas
a�n
EM
erohora
mr.
IMm
saw row
C=
we7e7E
C&IMM KU
rah hrho�Mn
tux
a
. w
/y
her.
us.
earn roc
ran roc
BY: R 0 ORT(Z LS 4312
I.Q.
:arrest C0.1
roar OR:. RICARDO ORTIZ LS 5629
1z
.P° Orr=1110= PROFESSIONAL LAND SURVEYOR
P.r
'AMR ar T�
k MAPPER. -STATE OF FLORIDA
1. 29 -2000 1 1a6�13 1 i941 34 1 Z /9 1 1
a -STLt .
! -_NG
yr. g9
14- -TV
5 o .L7F — GI.LInl
Al
--PSC
o / y
2 -5P
S. W. 70 STREET, 76' PAVEMENT
LANDSCAPE PLAN'! o WERNER DIETEL AND ASSOCIATES
6230 SW 70 STREET LANDSCAPS ARCHITECTS /PLANNERS A.s.L -A.
POET OPFlCE 90% i.4 4 MIAMI�FYDR104 3.1169 TEL a09- EBt -9AB9 FEVIelON6
PLAN" iLIST, 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 n Plant I
DE 40 DURANTA ERECTA i
Y 2 /x ' 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 Va', BUSHY
Chalcas, Orange Jasmine
PSC 66 .POLYPODIUM SCOLOPENDRL4 Y 6' POTS, FULL
Wart Fern
Qve 2 QUERCUS VIkGINIANA Y. 24' GAUP. EXIST
Live Oak
QV* 1 QUERCUS VIRGINIANA' Y '8" CALIP. MOVE
Live Oak
SP 2 SABAL PALMETTO Y 12' & 18' C. TFL
Florida Cabbage Palm.
STL 8 SANSEVIERIA TRIFASCIATA LAURENT. N 1 1h'- 2, BUSHY
Snake Plant
TF 14 TRIPSACUM, FLORIDANUM. Y 1 1M BUSHY
Gama Grass
Sod-and Mulch as Indicated
FASTEN BATTENS -WITH 2- 3/4"
`t HI CARBON STEST. BANDS. NO NAILS
;• INTO FALH. HICHT OF BATTENS ,
�. ACCORDING TO NICDT OIT 'TAPE TO
GIVE FROPER L*ERAGE. '
L
5 1,AY!ERs OF BURLAP
1• I / �f- - MIN. 5- 2x 4x Id' '
' ! •i' ,' •I +� BATTENS -
-,�, , .�� STEEL BAHOS.
TOE NAIL BRACL
TO BATTER
4. I
3- 2% 4 BRACES @ 120', RW LUMBER
HEAVY PAL)( OVER 2S''4 BRACES Q 90'
3 " MULCH.
HIS. 4" BERM -
/ 2x 4• BRACE STOP. 18" LONG '
GRADE
j t. 1=
►w —_— ;., 'cur— rr =r�r `•
i- PLANTING SOIL.
HIII— EXCAVATION
(11 =1� -7 � �m�- •
-STAKING FOR PALMS AND TREE'S-
MIN- CLEAA'AT TIME OF PLANTING
LANDSCAPE PLAN 'J.
6230 SW 70 STREET
SHRUB AND GROUNDCOVER PLANTING.
WERNER DISTEL AND ASSIDCIA'iES ! 3OAL8 °° E7 ` r
LANDSCAPE N
ARCHITECTS /PLANERS A.S.LA.
P09T OFFICE sox 'es¢+ae a +eE TEL, i�E- + -Fees I nevi ons (6
€ :1 .Vs
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 13, 2004
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:47 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Gibson,
Mr. Comendeiro, Mr. Liddy, and Mr. Illas.
Board members absent: Mr. Mann.
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 70th 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(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
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 701h 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 70 "' 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 I( Mr. Liddy) Recluse 1 (non- voting) (Mr. Illas)
EAComm 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 a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING - 12/7/2004
ORDINANCE AMENDING SECTION 20 -3.6 (H) (2) (C), ETC.
in the XXXX Court,
was published in said newspaper in the issues of
11/2.6/2004
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 thi dvertise for publication in the said
newspaper.
rGG-
Sworn to and subscribed before me this
26 d of BE A.D. 2004
l
(SEAL)
O.V. FERBEYRE personally known to me
X-V'N Maria I. Mesa
P = IJIy Commission DD293855
F. xaireu March 04, 2008
I:II ;!!_ 93 1&1,� 11€,i�.'. : cFr'.1S41 Fill
L. .<t $ ;,
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, December 7, 2004, beginning at 7:30 p.m:, : in the City Commission
Chambers, 6130 Sunset brive, the City Commission will hold Public Hearings to
consider the following items:
AN ORDINANCE AMENDING THEN LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI TO ELIMINATE THE REQUIRED MINIMUM 60 %.OPEN AREA
ON THE TOP TWO (2) FEET OFFENCES ADJACENT TO A RIGHT-OF.-WAY.
AN ORDINANCE AMENDING THE CITY OF` SOUTH MIAMI PENSION PLAN,
PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE
OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI PROVIDING FOR A
MINIMUM RATE OF. BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES.
A RESOLUTION PURSUANT TO THE LAND DEVELOPMENT. CODE FOR
RELEASE OF A UNITY OF.TITLE FOR PROPERTY LOCATED AT 8200 SW 60th
COURT AND LEGALLY DESCRIBED AS LOTS 1 AND 2, BLOCK 1, HARRIS
ESTATES SUBDIVISION; THE PURPOSE OF THE - REQUEST IS TO PERMIT A
RESIDENTIAL BUILDING TO BE CONSTRUCTED ON LOT 2.
A RESOLUTION FOR ` APPROVAL' OF THE FOLLOWING TWO PARKING
VARIANCES IN, ORDER TO PERMIT PROPERTY LOCATED AT 62E0 SW 70TH
STREET IN AN "RO "RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE
USED AS.A COMMERCIAL OFFICE BUILDING: (1) VARIANCE FROM THE LAND
DEVELOPMENT CODE TO ALLOW 'FOUR OFF - STREET PARKING SPACES
WHERE THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2)
VARIANCE FROM 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.
Inquiries,concerning this item should be directed to the Planning Department at 305 -663
6326.
ALL interested 'parties are invited to attend and will be heard.
Maria M. Menendez
City Clerk
Pursuant to Florida Statutes 286.0105, the .City hereby advises the public that if a person decides to
appeal any , decision made by this Board, Agency or - Commission ' with .respect to any matter
considered at its meeting or hearing, h . or she will need :a record of the proceedings, 'and that for
such purpose, affected person may. need to ensure that a verbatim record of the proceedings is made
which record includes the testimony.and evidence upon which`the appeal-is
,to be based.
- 1.