12-21-04 Item 14CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: December 21, 2004
Commission Members
� ITEM No. I Al
From: Maria Davis Re: Variance Request
City Manager 6230 SW 70t" 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 Report
Copy of Public Notices
MDIDOD /SA
EAComm Items\2004 \12 -21 -04 \Variance 6230 SW 70 Reconsideration Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO A REQUEST FOR APPROVAL OF THE FOLLOWING TWO
PARKING VARIANCES IN ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH
STREET IN A "RO" RESIDENTIAL OFFICE ZONING USE DISTRICT TO BE USED AS A
OFFICE BUILDING: (1) VARIANCE FROM SECTION 20- 4.4(B)(10) OF THE LAND
DEVELOPMENT CODE TO ALLOW FOUR OFF - STREET PARKING SPACES WHERE THE
REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2) VARIANCE FROM SECTION 20-
4.4(F) (3) OF THE LAND DEVELOPMENT CODE TO ALLOW REQUIRED PARKING TO BE
LOCATED IN THE FRONT SETBACK AREA WHICH IS PROHIBITED IN THE RO ZONING
USE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Application No. PB -04 -011 was submitted to the Planning Board by the
applicant Dr. Arthur Colsky, said application requesting approval for : (1) a variance from
Section 20- 4.4(b)(10) of the Land Development Code to allow four off - street parking spaces
where the required off - street parking is five spaces and: (2) a variance from Section 20- 4.4(f) (3)
of the Land Development Code to allow required parking to be located in the front setback area
which is prohibited in the RO zoning use district; and
WHEREAS, the approval of a variance requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, on July 13, 2004 the Planning Board, after public hearing, adopted a motion
by a vote of 4 ayes 1 nays to recommend approval of the variances with conditions;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That the subject application submitted to the Planning Board by the applicant
Dr. Arthur Colsky requesting approval for: (1) a variance from Section 20- 4.4(b)(10) of the Land
Development Code to allow four off - street parking spaces where the required off - street parking is
five spaces and: (2) a variance from Section 20- 4.4(f) (3) of the Land Development Code to
allow required parking to be located in the front setback area which is prohibited in the RO
zoning use district is hereby approved with the following conditions:
(1) 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
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(2)
Section 2. That resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this , day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E:\Comm Items\2004 \12 -21 -04 \6230 SW 70 Variance Resol.doc
, 2004
APPROVED:
MAYOR
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts - Cooper:
Commissioner Sherar:
CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: September 21, 2004
Commission Members
ITEM No.
From: 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 'IrO 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 (SeeATTACHMENT)
• Land Development Code Section 20- 4.4(B) "Parking Requirements"
• Land Development Code Section 20 -4.4 (F)(3) "Location /Ownership of Spaces"
• Land Development Code Section 20 -5.9 "Variances Approvals"
• Land Development Code Section 20-6. 1 (B)(3)(h) "Planning Board Duty "
(2)
ZONING HISTORY
In 1982, as part of an overall updating to the Comprehensive Plan sponsored by the City,
the future land use category covering this property was changed from Public/ Semi -
Public to Office. In 1988, as part of the preparation of a new Comprehensive Plan, the
City re- designated the subject property with the future land use category: Residential
Office. The zoning classification remained RM -24, High Density Residential.
In order to use the existing single family residence as a real estate office and to make the
property conform to the new Comprehensive Plan future land use category the owner,
Mr. Robert Strickland, filed an application to change the 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 1 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 70 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
i
MD /DOD /SAY.
E: \Comm Items\2004 \9 -7 -04 \Variances 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 -331).
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.
• 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.
City of South Miami
PB -04 -011 Special Use Approval
6230 SW 70th Street
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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 Nearing Before Planning Board & City Commission
Address of Subject Property: (►Z30 S14) -?L S
Lot(s) Block Subdivision
PLEASE CHECK THE APPROPRIATE ITEM:
PB
Meets & Bounds:
Letter of intent
_Justifications
Applicant: /y ///(,/, 1I //(y /}'(/�/ ( \'
l 01 V L_ � - L.' V A ��
Phone:
Representative:
Organization: S W
Address:
Phone:
i.
Property Owner: !ice (,� ,, S
Signature: y[ r
Mailing Address:
Phone: � 40
Frchitect/Engineer, /
0 f i
Phane�� � kL
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:
PLEASE CHECK ALL THAT APPLY:
Text Amendment to LDC Variance
Letter of intent
_Justifications
_ Zoning Map Amendment _Special Use
for change
_ PUD Approval _Special Exception
Statement of hardship
— PUD Major Change _Other
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
AI (OW (g' to ku 4'M4 � �� l/�1L ZO� _
signed reduced copy @ 11" x 17 ")
5 copies of Site Plan and Floor Plans
/� (r (
7V
1 reduced copy @ 11" x 17"
_ 20% Property owner signatures`'
Section: 2_0 Subsection: Page #2l Amended Date:
Mailing labels (3 sets) and map
�,Requlred
Feels)
The undersigned has read this c .rn ppleted a placation and `represents that the information and all submitted materials are true and
come the bQSt of the a licas kn'owl ge and belief.
App icant'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 Date of PB Hearing �- ??� Date of Commission
Petition Required -` Petition Accepted
Method of Pavment "7,
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 El37FT OF N150FT OF
W1 /2 OF SE 1/40F SE %4 OF SW 1/4 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 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 your co ideraf n of the above requests for variance.
Arthur S. Colsky
SKETCH OF SURVEY SCALE 1` _ l2Q, ool
Mill
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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:
LOCATION
MAP
'B&SIdary
1! This mirvey wad eorrdUCted for the pwpoee of a Survey only and a not vitene d to daiineift the reoutatory funazi ton
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ragr$ermenta br a.BUxaben area (1 toot in 7.501) leap as specified In Chapter 61017 -6. Florida edm'siavatim Code.
3) Thug Sdr W dam not nallect or oaternninff ownership.
9350 S.W. 22nd TERRACE
41 Lepatdaacjptlon mA*sct to ary dedications. 111mitallo s. rexrk*ons nesenetlona or eaaemants of record.
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7 MIAMI, FLMDA 33165
4 9mmliu6on of the A6etradt of Title Mn have to be made b determine ree0rd9d haswnents, d any alfealvq fh9 property. eearrh
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PROPERTY ADDRESS: .6230 S.W. 70th` Street, Miami, Florida 33143.
LEGAL DESCRIPTION: The West 54.00 feet of the North 88:00 feet
on the East 137.00 feet of the North 150.00 feet of the West
z of the Southeast 1, of the Southeast 4 of the Southwest 4
of Section 25, Township 54 South, Range 40 East, lying and
being in Dade County, Florida.
FOR MARTA MILLIAN GONZALEZ.
CERTIFY TO: MARTA MILLIAN GONZALEZ
UNION TITLE SERVICES, INC.
STEWART TITLE GUARANTY COMPANY, INC.
SURVEYOR'S NOTES:
PREFARED BY-
'B&SIdary
1! This mirvey wad eorrdUCted for the pwpoee of a Survey only and a not vitene d to daiineift the reoutatory funazi ton
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d any feeera6 atata. regional or oral epanry. board. =mrsteslm or other entlty.
1.7 1 Le 450
21 The aaarrac/ attained by r eaau nnersa and Caiculstors on the awvc/, meets and exceeds the Ma inrRim Technical Standave
LAND SURVEYNG – LAND PLANNING
ragr$ermenta br a.BUxaben area (1 toot in 7.501) leap as specified In Chapter 61017 -6. Florida edm'siavatim Code.
3) Thug Sdr W dam not nallect or oaternninff ownership.
9350 S.W. 22nd TERRACE
41 Lepatdaacjptlon mA*sct to ary dedications. 111mitallo s. rexrk*ons nesenetlona or eaaemants of record.
6@
7 MIAMI, FLMDA 33165
4 9mmliu6on of the A6etradt of Title Mn have to be made b determine ree0rd9d haswnents, d any alfealvq fh9 property. eearrh
a
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dept Cr u,
ir�enm (305) 220 – 007 J
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ta.d1
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W.usk to bas v iftmUft FAsentaft not noted as violations
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eslismmerY. Daijiman or Limitation (or whbft Information was not furnished.
,t oC:WfadI the epProPnersa su?rodnee prlorb any dest(n work on the hereon- cieaerttxd porbel for I�Yk" end 7.�Nn9 aatomraaon
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1 Froteenonsitend Surveyor and Mapper M resportaible charaw Rolando Craz LS 4912. State of Florida
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the best of my knavied(ia and belief. so recently scaveyed end ptaard under my tlkeCbon; also that meets Cte M ini'rrumTachncat
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Standards set in Chapter 61017 -0. Florida Administrative Cade. pursuant to Section 472427 Florida 6tafutos
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S.W. 70 STREET, *16' PAVEMENT
LANDSCAPE PL 'i WERNER DIETEL AND ASSOCIATES
6230 SW 70 STREET rP LANDSCAPE ARCF ITECTS /PLANNERS A.S.LA. '01
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PLAN" LISA`, LEGEND
SYMBOL QUANT. NAME NATIVE Y/N SIZE
BS 2 BURSERA SIMAROUBRA Y 12` X 6', 6' C.TR. '
Gumbo Limbo
CrM 5 CORDYLINE TERMINALIS Me. ANDRE N 3'+ TRANSPLANT
Red TI Plant i
DE 40 DURANTA ERECIA Y 2 1h' X 2' BUSHY
Golden Dew Drop
DM 3 DRACAENA MARGINATA N 3', 3 HEADS+
Red Edge Dracaena
MP 35 MURRAYA PANICULATA N 2' X 1 Va', BUSHY
Chalcas, Orange Jasmine
PSC 66 POLYPODIUM SCOL.OPENDRIA Y 6- POTS, FULL
Wart Fern
Qve 2 QUERCUS V111GINIANA Y 24' CAL.IP. EXIST
Live Oak
QV* 1 QUERCUS VIRGINIANA' Y '8" CALIP. MOVE
Live Oak
SP 2 SABAL PALMEWO Y 12' & 18' C. TR.
. . Florida Cabbage Palm.
STL 8 SANSEVIERIA TRIFASCIA'TA LAURENT. N 1 1h'- 2, BUSHY
Snake Plant
TF 14 TRIPSACUM- FLORIDANUM. Y 1 1h', BUSHY
Gama Grass
Sod -and Mulch as Indicated -
FASTEN BATTENS GITII 2 -; 3/4"
1! HI CARBON STES4 BANOS.i No NAILS
;., INTO PAIR. 1LIGti'I OF UkTrENS ,
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SHRUB AND GROUNDCOVER PLANTING -
.LANDSCAPE PLAN •; I ��„� „a• -r• -a s"EE* A_r
W ERNER 131F-L ANT 3 ASSOCIATES
6230 SW 70 STREET �O _ LANDSCAPE ARCI- PTEGT•S /PLANNERS A.S.L-A.
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7 .:
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 AIlegiance 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 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 70"' 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 traf c_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 apervious material`
The motion was approved by the following vote:
Vote: Ayes 4 Nays I( Mr. Liddy) Recluse 1 (non- voting) (Mr. Illas)
EAComm ItemsM04 \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
OCTELMA 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 12/21/2004
in the XXXX Court,
was published in said newspaper in the issues of
12/10/2004
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, fora
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement publication in the said
news apes.
Sworn to and subscribed before me this
10 day of DECEM�BEER A.D. 2004
(SEAL)
OCTELMA V. FERBEYRE personally known tome
,ygiv Cheryl H Marmer
My commission 00338558
�''a
OF e%d'� Expires July 14, 2008