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08-16-94v Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMIbIISSION AGENDA Regular City Commission Meeting Meeting date: August 16, 1994 6130 Sunset Drive, So. Miami, FL Next Meeting date: Sept. 7, 1994 Phone: (305) 663 -6340 PURSUANT TO FLA STAT. 266.0105, 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, HE 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. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - August 2, 1994 2) City Manager's Report 3) City Attorney's Report ORDINANCES - SECOND READING AND PUBLIC HEARING 4. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida repealing Article II, Sections 19A -31 through 19A -52, of the Code of Ordinances, providing for the regulation of tree removal; providing for severability; providing for ordinances in conflict; and providing an effective date. (Administration) 3/5 none RESOLUTIONS FOR PUBLIC HEARING RESOLUTIONS 5. A Resolution of the City of South Miami, Florida, providing for a policy concerning fence types to be permitted under adopted Ordinance No. 7 -94 -1556; providing for a policy concerning the height of trellises and hedges; providing for a policy concerning vines; and providing for a policy concerning the height of light fixtures permitted to extend above the maximum height for physical barriers. (Administration) 3/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Recreation Department to award a bid to "Polly- Coto" as the low bidder in the amount of $1,695.00 to resurface two handball courts at Dante Fascell Park; and charging the disbursement to Account No. 2000- 6430 "Operating Equipment." (Adm. /Recreation) 3/5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Public Works Department to purchase the repairs to Trash Crane No. 21 -32A upon the basis that American Truck Crane Inc., is the sole source available to do the work immediately and avoid disruption in trash collection service to our citizens, authorizing the expenditure of a sum not to exceed $4,165.80 for these repairs; charging the disbursement to Account No. 1760 -4680: "Outside Labor." (Adm. /Public Works) 3/5 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, proclaiming Saturday, August 27, 1994 as "Destination South Miami Day, Passport to Great Shopping." (Mayor Carver) 3/5 August 16, 1994 PAGE 2 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving a modification to the City Commission Agenda Form. (City Attorney Gallop) 3/5 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $1,503.02 representing fees incurred for legal services by Leibowitz & Associates, P.A., regarding the City's Cable Television Franchise renewal request and for advice regarding Federal Cable Television Statutes and charging the disbursement to Account No. 2100 -3420: "Consultant -Cable TV Franchise." (Administration) 3/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, appointing Gilbert Viera as a member of the Code Enforcement Board of the City of South Miami to serve in such capacity until August 1, 1996, or until a successor is duly appointed and qualified. (Mayor Carver) 3/5 ORDINANCES - FIRST READING 12. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section 20 -4.4 (F) of the Land Development Code to increase distances from off -site parking to uses served, to permit off -site parking in RM and RO Districts, and to remove the requirement for lease agreements; replacing Section 20- 4.4(G) joint use spaces; amending Section 20- 4.4(H) to increase the distance from Metrorail Station to uses served; creating a new Section 20- 4.4(I) to provide valet parking for hotels, hospitals, offices, restaurants and nightclubs; creating a new Section 20- 4.4(J) to provide procedures regarding the approval of shared parking, valet parking and reduced parking in proximity to Metrorail Station; amending the numbering of subsequent sub - sections; providing for severability; providing for ordinances in conflict; providing for an effective date. (City Attorney Gallop) 4/5 13. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the Land Development Code to create Section 20 -5.10, providing for administrative variance approval procedures; providing for severability; providing for ordinances in conflict; and providing for an effective date. (Mayor Carver) 4/5 none August 16, 1994 PAGE 3 REMARKS P r - C 1 TY O F S OUTH M= AM 2 INTER - OFFICE MEMORANDUM To: Mayor and City From: illiam F. m City Manager`/ mo Date: August 10, 1994 Agenda Item 16 Re: Comm. Mtg. 8/16/94 Resurfacing of Handball Courts at Dante Fascell Park Background: The Parks and Recreation Department has advertised and received four bids for the resurfacing of two handball courts at Dante Fascell park that are in need of repair. Bidders: 1. Polly -Cote - $1,695.00 2. Set USA - $1,980.00 3. AAA Courts Inc. $2,634.00 4. Accurate Tennis Courts - $4,675.00 *Low bidder Recommendation: 1- Advantage to City: - The residents of the City of South Miami have the use of two refurbished handball courts. 2- Disadvantages to city: None 3- The City Manager recommends approval of the Resolution. 4- Funds are available for this purpose from the Parks and Recreation account; "Operating Equipment" in the 93 -94 budget. WFH:er AakWk1M1kLWnL r I RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE RECREATION DEPARTMENT TO AWARD A BID TO "Polly- Coto" AS THE LOW BIDDER IN THE AMOUNT OF $1,695.00 TO RESURFACE TWO HANDBALL COURTS AT DANTE FASCELL PARK; AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2000- 6430- "OPERATING EQUIPMENT." WHEREAS, The City of South Miami Recreation Department advertised requests for proposals to resurface two handball courts at Dante Fascell Park in the City of South Miami; and WHEREAS, funds are budgeted on 93 -94 budget for this purposes; and WHEREAS, the Recreation Department recommends that the contract for the above - described service be awarded to Polly -Coto. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Recreation Department be authorized to award a contract to the low bidder, Polly -Cotor $1,695.00 for the resurfacing of two handball courts at Dante Fascell Park. Section 2. That the sum of $1,695.00 be charged to account No. 2000 -6430; "Operating Equipment." PASSED AND ADOPTED this day of August, 1994. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 "M e - C=Z'Y OF SOUTH M2AM= © INTER- OFFICE MEMORANDUM To: Mayor and From: William F. City Manag ion August 10, 1994 -� Agenda Item 1 % on Re: Comm. Mtg. 8/16/94 Repairs to Vehicle 21 -32A Background: It is necessary to have this vehicle repaired immediately so that our trash collection schedules could be maintained. American Truck Crane Inc., is the sole source available to perform this repair immediately. Recommendation: 1- Advantage to City: - Vehicle 21 -32A quickly return to trash collection service. 2- Disadvantages to city: None 3- The City Manager recommends approval of the Resolution. 4- Funds for repairs to trash crane are included in the 1993 -94 Public Works budget. WFH:er RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PURCHASE THE REPAIRS TO TRASH CRANE NO. 21 -32A UPON THE BASIS THAT AMERICAN TRUCK CRANE INC., IS THE SOLE SOURCE AVAILABLE TO DO THE WORK IMMEDIATELY AND AVOID DISRUPTION IN TRASH COLLECTION SERVICE' TO OUR CITIZENS. AUTHORIZING THE EXPENDITURE OF A SUM NOT TO EXCEED $4,165.80 FOR THESE REPAIRS; CHARGING THE DISBURSEMENT TO ACCOUNT NO. 1760 -4680: "OUTSIDE LABOR." WHEREAS, trash crane no. 21 -32A is in need of repairs, such as tear down repair seal and test main hydraulic cylinder; tear down repair seal and test stick hydraulic cylinder; and replace crane swing motor; and WHEREAS, the results of the administration's inquiry have been that American Truck Crane Inc., would do the repairs right away and avoid disruption in trash collection service. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Public Works Department, and hereby is, authorized to disburse the sum of $4,165.80 to American Truck Crane Inc., for the repairs of trash crane no. 21 -32A. Section 2. That the disbursement be charged to account number 1760 -4680: "Outside Labor." 7 N PASSED AND ADOPTED this day of August, 1994. APPROVED: MAYOR ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY - C Z TY O F S OUTH M Z AM = © INTER - OFFICE MEMORANDUM To: Mayor an7:� Co ission Date. August 10, 1994 �� Agenda Item From: Willi m mpton Re: Comm. Mtg. 8/16/94 City Man r "Destination South Miami Day, Passport to Great Shopping" Background: As you know the Mayor has appointed a South Miami Marketing Task Force. This Task Force has representatives from the business community including merchants and landlords, homeowners, Red Sunset Merchants Association, Chamber of Commerce, representatives of City government, representatives from South Miami Hospital, Larkin Hospital and local news media. The Task Force has been meeting monthly since the early spring and is working on a number of projects for the enhancement of our business community. The attached Resolution addresses the need to publicize our business district thru special events shopping days. Recommendation: 1- Advantage to City: - By supporting this event the city becomes a positive element in the support and promotion of the business community. This action follows a policy established by the Commission in the early spring. 2- Disadvantages to city: None 3- This Resolution is sponsored by Mayor Carver. 4- This resolution is not in conflict with any City Ordinances or Resolutions. WFH:er cdoww" so. 0 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, PROCLAIMING SATURDAY AUGUST 27, 1994 AS "DESTINATION SOUTH MIAMI DAY, Passport to Great Shopping." WHEREAS, the South Miami Marketing Task Force and the Red /Sunset Merchants Association have scheduled a shopping event for Saturday, August 27, 1994; and WHEREAS, this event will be publicized as "Destination South Miami, Passport to Great Shopping;" and WHEREAS, this event will promote downtown South Miami as a unique and stylish hometown experience for back -to- school shopping; and WHEREAS, this promotion will include providing the public information regarding the "Hometown Plan" and potential "Bakery Centre" development; and WHEREAS, the City will authorize free parking in the downtown district Saturday, August 27, 1994 beginning at 2:00 PM; and WHEREAS, the City will approve requests for sidewalk sales permits in the SR District for Saturday, August 27, 1994; and WHEREAS, this event will allow the Dorn Ave (SW 59 Ave.) project to be showcased to the general public. 0 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission endorse the shopping event "Destination South Miami Day, Passport to Great Shopping." Section 2. That the City Manager provide assistance to the merchants as needed. Section 3. That the Mayor and City Commission declare Saturday, August 27, 1994 "Destination South Miami Day, Passport to Great Shopping" and urges all citizens to come and visit our downtown on that day. PASSED AND ADOPTED this day of August, 1994. APPROVED: ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY r TO: FROXt RE: DATE: city of youth Miami INTO- OFFICE MEMORANDUM Mayor Neil Carver vice-mayor Paul Young Commissioner Ann B. Sass Commissioner Thomas T. Cooper Commissioner Tom ingham Earl G. Gallop 44?011 City Commission Agenda Format Xey 10, 1994 C�IrC3���..r sat�res •s�swai »1iC71Mia�1.It���iGaq s� � �i��r Ci�1� �9�1r C7i��Q�raC I enclose a copy of a city commission agenda that includes a proposed format change to, a W, a Consent. Agenda item. A Consent Agenda is used by most juiisaictiona`to eipedite, public business. It allows the approval by a single vote of all. resolutions not requiring- a public hearing that are not controversial. Every co=Jnnioner has a privilege to remove an item from the Consent Agenda. Additionally, a commissioner may ask for information regarding an item on' the Consent Agenda in order to determine whether to leave it in or to remove it for further consideration. There is no change to the requirement that the title of the resolution must be read. I will be happy -to discuss this. initiative with you and to answer any questions you may have. SGG /sgs Enclosure ccwa.� RESOLUTION NO. 94 -94 -9495 A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A MODIFICATION TO THE CITY COMMISSION AGENDA FORM WHEREAS, Section 2- 2.1(C) of the Code of Ordinances of the City of South Miami requires the City Commission to approve the form of the agenda; and, WHEREAS, the current agenda form does not include a section for a consent agenda; and, WHEREAS, a consent agenda is used by most local governments to expedite the consideration and approval of public business; and, WHEREAS, the Mayor and the City Commission desire to expedite consideration and approval of ministerial city business. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission Agenda form attached to this resolution as App. 1. is approved. Any item on the consent agenda can be removed upon the request of a Commissioner. Section 2. The approved form will be used for the next and the subsequent meetings of the City Commission. PASSED AND ADOPTED this 16 day of August , 1994 ATTEST: APPROVED: MAYOR READ AND APPROVED AS TO FORM: CITY CLERK CITY ATTORNEY consent.res e v Mayor: Neil Carver Vice Mayor: R. Paul Young Commissioner: Ann B. Bass Commissioner: Thomas Todd Cooper Commissioner: Tom Cunningham CITY COMNIISSION AGENDA Regular City Commission Meeting Meeting date: 6130 sunset Drive, So. Miami, FL Next Meeting date: Phone: ( 305 ) 663 -6340 PURSUANT TO FLA STAT. 266.0105, 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, HE 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. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. CITY OF SOUTH MIAMI ORDINANCE NO. 6 -86 -1251 REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE THE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION, TO FILL OUT THE APPROPRIATE FORM AND FILE IT WITH THE CITY CLERK PRIOR TO ENGAGING IN LOBBYING ACTIVITIES. CALL TO ORDER A. Invocation B. Pledge of Allegiance to the Flag of the United States of America C. Presentations ITEMS FOR COMMISSION CONSIDERATION 1) Approval of Minutes - 2) City Manager's Report 3) City Attorney's Report U CONSENT AGENDA ORDINANCES - SECOND READING AND PUBLIC HEARING RESOLUTIONS FOR PUBLIC HEARING RESOLUTIONS ORDINANCES - FIRST READING PUBLIC REMARKS COMMISSION REMARKS August 25, 1994 PAGE 2 J6.1\ 1 U 1 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 P A . RBBOL'uTION Or MW XLTOR Am THE CITY COIDtISSION OF TRS CITY of SCRM IQ , FLMtID&r APPROVING A MODIFICATIOB TO "M CM? C48s1188XON AOMR FM NSSREAS, Section 2-2.1(C) of the Code of Ordinances of the City of South Xinmi requires the City Commission to approvm the form of the agenda; and, WHEREAS, the current agenda fora does not include a section for a consent agenda; and? WHEREAS, a consent agenda is used by moest local gover=ents to expedite the consideration and approval of public busine$a; and, WHEREAS, the Mayor and the City Commission desire to expedite consideration and approval of ministerial city business. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COW[ISSION OF THE CITY OF SOUTH HIAMI, FLORIDAz Bnatfon 1. The City Commission Agenda form attached to this resolution as App.l. is approved. Section 2. The approved form will be used for the next and the subsequent meetings of the City Commission. PASSED AND ADOPTED this day of , 1994 ATTEST: APPROVED RAYOR READ AND APPROVED AS TO FORAt CITY CLERK _ CITY ATTORNEY I � C= TY OF S OUTH M =AM 2 © INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: August 12, 1994 /Za/r,31 / Agenda Item #JO From: a m t n Re: Comm. Mtg. 8/16/94 City Manager Cable TV - Legal Consultant Background: In April 1993 the City engaged Leibowitz & Associates to represent the City in the franchise renewal of Cable Satellite and to handle the Cable TV rate regulation. Recommendation: 1- Advantage to City: - Leibowitz & Associates will be paid for the services described above. 2- Disadvantages to city: None 3- The City Manager recommends approval of the Resolution. 4- Funds for this purpose are included in the 1993 -94 budget. WFH:er Attachment &:cabktv 1.4 **41910110 COR E 1101F A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $1,503.02 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY LEIBOWITZ & ASSOCIATES, P.A., REGARDING THE CITY'S CABLE TELEVISION FRANCHISE RENEWAL REQUEST AND FOR ADVICE REGARDING FEDERAL CABLE TELEVISION STATUTES AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 2100 - 3420: 11CONSULTANT -CABLE TV FRANCHISE." WHEREAS, by Resolution number 67 -93 -9811 passed April 27, 1993 the City commission authorized the City Administration to enter into a contract with the law firm of Leibowitz & Associates, P.A. and as Special counsel regarding Cable Television and the Franchise Renewal Request; and WHEREAS, the City has now received invoices for legal services rendered pursuant to the aforesaid Resolution in the amount of $1,503.02. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of $1,503.02 to Leibowitz & Associates, P.A. for legal services rendered regarding the City's Cable Television Franchise Renewal Request. J Section 2. That the disbursement be charged to account number 2100 -3420: "Consultant -Cable TV Franchise." PASSED AND ADOPTED this day of August, 1994. ATTEST: City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR F] RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING GILBERT VIERA AS A MEMBER OF THE CODE ENFORCEMENT BOARD OF THE CITY OF SOUTH MIAMI TO SERVE IN SUCH CAPACITY UNTIL AUGUST 1, 1996, OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED. WHEREAS, there currently is a vacancy on the City of South Miami Code; and WHEREAS, it is the desire of the Mayor and City Commission to fill the existing vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Gilbert Viera be and hereby is appointed as a member of the City of South Miami Code Enforcement Board to serve in such capacity until August 1, 1996, or until a successor is duly appointed and qualified. PASSED AND ADOPTED this ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney day of APPROVED: Mayor Carver , 1994. /f u CITY OF SOUTH MIAMI 6130 Sunset Drive South Miami, Florida 33143 (305)663 -6340 (305)666 -4591 (fax) CITY BOARD /COMMITTEE APPLICATION 1. Name L'7 /Z 2. Home Address Cp Y �i� �1� % 71? 3. Business I 4. Business Address 5. Home Phone Business Phone 6. Educational Background 7. Community Service �.� 7 iV r" i A t IO ti C �. ; C----tiC•L� S. Are you a registered voter? Yes ✓ No 9. Are you a resident of the City? Yes No 10. Do you have a business in the City? Yes No Signature Date 7- Z - Resumes will remain on file for one year Below are listed the Boards and Committees of the City. Please put a check mark by those on which you would like to serve. CAPITAL IMPROVEMENT BOARD: Composed of residents as well as persons operating businesses in the City. A total of 5 members who are appointed by the Mayor with the advice and consent of the Commission. Board meets once a month as determined by Chair at 6:00 P.M. ,//CODE ENFORCEMENT BOARD: Created pursuant to Chapter 162, Florida Statutes. Board meets the second Thursday of each month at 7:30 P.M. City Attorney shall be counsel to the Board. * COMMERCIAL DEVELOPMENT BOARD: Consists of 5 members who are appointed by the Mayor with the Advice & Consent of the Commission. Board shall meet once every 3 months at 6:00 P.M. ENVIRONMENTAL REVIEW BOARD: Consists of 7 members. Members shall be appointed by the Mayor with the advice and consent of the Commission. Members shall be residents or have offices in the City. Board meets the first and third Tuesday of the Month at 9:00 A.M. * PENSION BOARD: The Board, consisting of 5 members, who shall hold meetings upon notice, at City Hall at such times its members may from time to time determine.* PERSONNEL BOARD: This Board shall have the composition, functions and duties as formerly provided in Article VII of Chapter 8 , and as altered, amended or changed hereafter. There shall be 5 members appointed by the Mayor with the advice and consent of the Commission. This Board meets when called, usually during daytime hours.* PLANNING BOARD: This Board, comprised of 7 members who are appointed by the Mayor with the Advice and Consent of the Commission, shall make recommendation to the Commission on matters concerning zoning, changes, variances, nonconforming uses, appeals, special uses, etc. The Board meets the second / and last Tuesdays of the Month, 7:30 P.M.* V PUBLIC SAFETY BOARD: consists of 5 members appointed by the Mayor with the Advice and Consent of the Commission and meets once every 3 months to discuss issues affecting the wellbeing of the residents and business people. PARRS & RECREATION COMMITTEE: Consists of a large group of citizens representing themselves as well as organizations who work in conjunction with the City government to address goals and issues for the youth in the area. Meeting times are once a month, Wednesday, at Noon. M E M O R A N D U M TO: Rosemary Wascura FROM: Earl G. Gallop RE: Amendments to parking ordinance DATE: August 16, 1994 SECTION 1. 1. 5 ( 2) (a) Where - there -Is an 4:aerease -i in the` Evamber e f spaee& provided -eel lee tive ly-e mere asess­ 9E establishment-&t [R]equired off- street parking spaces may be located and maintained up to feet from a residential or institutional use served a-nd up to feet three hundred (309) feet from an non - institutional and non - residential use served. and up te five hundred (500) feet fre-m ase he�eareeident- !&! use- ser-ved:-r 2. Reverse positions of S (2)(a) and (b). 3. S (2) (c) After the word "exist" , 2nd line, add: under a unity of title insuring that the required -parking will be provided,. Also, change the words "ceased" to "ceases." SECTION 2. 4.. S (G) Change "shall ", first line, to "may." AX-go, "under g- te and subtute 'co nant." &��_ SECTION 4. 5. S (I) Add the word "and" before "nightclubs." Also, delete "200" and request PB recommendation. 6. Add a new section 6: Section 20 -5.2 of the Land Development Code is amended to add, (14) Off -site Parking EGG /egg parking.amd � CITY OF SOUTH MIAMI © INTER- OFFICE MEMORANDUM To: Mayor & City Commi. Date: August 10, 1994 Alia 8/ 16/94 Commission Agenda From: ' F. on Re: Item #1'': Ordinance to Amend the �. City Manager Provisions for Off -Site Parking Background: This item appeared for first reading on July 26, 1994. Upon the request of the Administration the item was deferred to August 16, 1994, so that staff could include certain proposed elements, as set forth in the City Attorney's Memorandum, dated July 20, 1994. The Land Development Code contains regulations which allow business owners to lease parking spaces from other establishments, in order to provide for required parking; however, current legislation requires a minimum twenty-year lease. This places a great burden on prospective business operators, because most property owners are not willing to encumber their land for the minimum required twenty years. The City Attorney has requested that the Administration prepare the attached amendment to the Land Development Code to amend regulations regarding off -site parking. The Administration has relied upon the City Attorney's Memorandum dated July 20, 1994, for the substance of the proposed amendment. The memorandum is attached for your information. Recommendation: 1. Advantage to -Cl y: Provides for increased flexibility for the business community. 2. Disadvantages to City: None. 3. This Ordinance is sponsored by the City Attorney. 4. This Ordinance amends § 20 -4.4 of the Land Development Code. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING § 20 -4.4 (F) OF THE LAND DEVELOPMENT CODE TO INCREASE DISTANCES FROM OFF -SITE PARKING TO USES SERVED, TO PERMIT OFF -SITE PARKING IN RM AND RO DISTRICTS, AND TO REMOVE THE REQUIREMENT FOR LEASE AGREEMENTS; REPLACING § 20-4.4 (G) JOINT USE SPACES; AMENDING § 20-4.4 (H) TO INCREASE THE DISTANCE FROM METRORAIL STATION TO USES SERVED; CREATING A NEW § 20-4.4 (I) TO PROVIDE VALET PARKING FOR HOTELS, HOSPITALS, OFFICES, RESTAURANTS AND NIGHTCLUBS; CREATING A NEW § 20-4.4 (J) TO PROVIDE PROCEDURES REGARDING THE APPROVAL OF SHARED PARKING, VALET PARKING AND REDUCED PARKING IN PROXIMITY TO METRORAIL STATION; AMENDING THE NUMBERING OF SUBSEQUENT SUB - SECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami adopted a Land Development Code on October 25, 1989, via Ordinance No. 19 -89 -1441, including provisions for off -site parking under § 20 -4.4, and more specifically, Location and Ownership of Spaces under § 20 -4.4 (F), Joint Use Spaces under § 20-4.4 (G), and MetroRail Usage Considerations under § 20-4.4 (H); and, WHEREAS, upon review of these regulations, Administration finds that § 20-4.4 does not adequately address location and ownership of spaces, joint use spaces, MetroRail usage considerations, valet parking and special parking procedures; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. That Section 20-4.4 (F)(2) be, and hereby is, amended as follows: (F) Location and Ownership of Spaces (1) All off - street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces Located Off -Site (a) ' , [R]equired off -street arking spaces may be located and maintained up to x feet from a residentiakuse served and up to x feet from an it�ittrfional ase serve tip to five htmdred (566) feet from anathat nonresidential use served. I V'\ L (b) Off -site parking spaces shall not be permitted in RS, A R-T, RM, and R0, L0, MO, NR, SR, GR, I, H, PR and Pi districts. (c) Off -site parking spaces shall be on land either held in common ownership with the p lot on which the principal use will exi or ' ' ' - - W case, term of twenty (20) ye=s ot more, tinder which the less%'C iS thC OWML Of thC as a condition of the issuance of the building permit for the principal use, the owner of the off -site parking shall i uLL record a covenant in form and substance satisfactory to the City Attorney and City 4tv,�gL Commission providing record notice of the commitment of that land to parking �c purposes for the principal use. If at any time such off -site Sparking ceased to be under the same ownership or control as the principal use o to be used for Rik parking for the principal use, Certificate of Use and Occupancy for the principal W�tk use shall be subject to revocation by the Ge after notice and hearing. Pgb-j JJ SECTION 2. That Section 20-4.4 (G) be, and hereby is, replaced in its entirety as follows: (G) Joint Use Spaces via Special Parking Permit common parkin facility on the same lot where the land uses served by the shared parking facility shall be under single ownership or under unity of title, according to the following table: able: WEEKDAYS WEEKENDS USES 6 AM thru 6 PM 6 PM thru 6 AM 6 AM thru 6 PM 6 PM thru 12 AM 12 AM thru 6 AM OFFICE OR BANK 100% 5% 10% 5% 5% RETAIL 60% 20% 60% 60% 5% HOTEL 50% 60% 60% 100% 75% RESTAURANT 50% 75% 75% 90% 10% THEATER 10% 70% 50% 90% 10% NIGHTCLUB 5% 50% 5% 100% 90% APARTMENT OR TOWNHOUSE 10% 100% 75% 100% 100% OTHER USES 100% 100% 100% 100% 100% /a2 Method of Calculation Step 1. For each of the five time periods, multiply the minimum number of parking spaces required by Section 20-4.4 (B) Space Requirements. Stgp 2. Add the results of each column. The required number of parking spaces shall ee ual the highest column total. SECTION 3. That Section 20 -4.4 (H) be, and hereby is, amended as follows: (l) MetroRail Usage Considerations via Special Parking Permit When all or a portion of a proposed structure or use is to be located within x feet five htnidzed (506) feet of the South Miami MetroRail Station, as measured from property line to property line, four (4) affirmative votes of the City Commission may reduce the number of required off - street parking spaces for such use by up to fifty (50) percent, depending upon the nature and type of use and its potential user relationship to rapid transit facilities, as provided for under F4 20-4.4 M. SECTION 4. That Section 20-4.4 (I) be, and hereby is, created as follows: (1, Valet Parking via Special Parking Permit \ G1" Required parking for hotels, hospitals, offices nightclubs or restaurants (in excess of 3Mseats) may be satisfied through the provision of valet parking spaces. Multi - family residential buildings may provide up to but not more than one -half of the required spaces as valet parking _ spaces. SECTION 5. That Section 20-4.4 (J) be, and hereby is, created as follows: (J Procedures for Special Parking Permit Special Parking Permits may be approved, disapproved or approved with y the affirmative vote of four members of the City Commission. Special Parking Permit procedures shall follow those procedures established for Special Use Permits as set forth in Section 20 -5.8, § (B),(C),(D),(E),(F) & (G) and shall follow those procedures for Public Hearings set forth in general in Sections 20 -5.1, 20 -5.2 20 -5.3, 20 -5.4, 20 -5.5 and 20 -5.6. SECTION 6. any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. SECTION 7. All ordinances or parts of ordinances in conflict with the provisions of this 1� ordinance are hereby repealed. SECTION 8. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED THIS 4th DAY OF OCTOBER, 1994. Neil Carver Mayor ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney c:\reports\off- site.ord �� CITY OF SOUTH MIAMI © INTER - OFFICE MEMORANDUM To: Mayor & City Fon Date: August 10, 1994 8/16/94 Commission Agenda From: William Re: Item #13 : Administrative Variance City Managerz Establishment and Procedures Ord. Background: On July 21, 1994, the City Attorney issued a memorandum entitled "Land Development Code Administrative Variances" (attached) which responded to the consensus request of the City Commission for such information. The City Attorney has since drafted an ordinance to amend the Code in order to include Administrative Variances. Administration has preliminarily reviewed the proposed ordinance. It is apparent that there is the need for a procedure which can meet the needs of the public regarding flexibility within the Code in certain specific instances. Recommendation: 1. Advantage to City: Provides for increased flexibility for both residential property owners and members of the business community. 2. Disadvantages t� City: Coupled with the applicant's fees for advertising, this will be a costly process unless the feeschedule is amended to include fees for staff time. 3. This Ordinance is sponsored by Mayor Carver. 4. This Ordinance creates Section 20 -5.10 of the Land Development Code. 4�7 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING THE LAND DEVELOPMENT CODE TO CREATE SECTION 20 -5.10, PROVIDING FOR ADMINISTRATIVE VARIANCE APPROVAL PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami enacted a Land Development Code that provides for purpose and authority, definitions, zoning regulations, other regulations, procedures and applications, and administration and enforcement; and, WHEREAS, the Land Development Code does not provide for non -use variance approvals by administrative action; and, WHEREAS, the Mayor and the City Commission find that it is necessary and proper to provide for non -use variance approvals by administrative action, according to codified guidelines and standards, in order to ameliorattunduly harsh effect of a literal application of the Land Development Code to recognized conditions NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: SECTION 1. The Land Development Code is amended by creating Section 20 -5.10 to read: 20 -5.10 ADMINISTRATIVE VARIANCE APPROVALS (A) Authority to Grant Administrative Variance Approvals (1) The City Manager shall have the authority to grant "non -use variance" requests pursuant to the guidelines, standards and limitations contained in this section. (2) A "non -use variance" is defined to mean a discretionary administrative action relaxing the application of principal building setbacks, building spacing, building coverage, impervious coverage, parking requirements, screen enclosure setbacks, swimming pool setbacks, whirlpool spa setbacks, canopy carport setbacks, and accessory structure setbacks, as contained within the Land Development Code which have no relation to a change in use of the property or structure in question. (B) Guidelines In granting the variance and issuing the permit, the City Manager shall find: (1) The variance will be in harmony with the general appearance and character of the neighborhood and the entire community. (2) The variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (3) The proposed addition is designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of the land. (4) The variance will be consistent with City of South Miami's Comprehensive Plan. (C) Standards Notwithstanding any other provisions of this code, (1) In the RS -1 (Estate Residential), the RS -2 (Semi - Estate /Large Lot Residential), the RS -3 (Low Density /Medium Lot Single- Family Residential), the RS -4 (Small Lot Single - Family Residential), the RT -6 (Townhouse Residential), the RT -9 (Two - Family /Townhouse Residential), the RM -18 (Low Density Multi - Family Residential), the RM -24 (Medium Density Multi - Family Residential), upon application duly made, the City Manager may approve a request to reduce the required setbacks for principle buildings, a request to reduce the required spacing between buildings, a request to increase maximum building coverage, or a request to increase maximum impervious coverage from those requirements specified in the Land Development Code, providing that the request does not exceed the following limitations: (a) No setback is reduced below 70 percent of that normally required. (b) Spacing requirements between buildings is not reduced below 80 percent of that normally required. (c) Building coverage is not increased by more than twenty (20) percent of that normally permitted. (d) Impervious coverage is not increased by more than twenty (20) percent of that normally permitted. (2) In any district, upon application duly made, the City Manager may approve a variance request for the reduction of the provision of required parking spaces for any property designated as an historical site pursuant to Section 20 -5.17 of the Land Development Code, providing that the variance does not reduce the number of parking spaces provided below thirty (30) percent of that normally required. Furthermore, the requirements of Paragraph D of this Section shall not apply to a designated historical site. (3) The City Manager may approve a variance request to reduce the setback requirements for screen enclosures, tennis courts, swimming pools, whirlpool spas, canopy carports and accessory structures, providing that no setback is reduced below 70 percent of that normally required. (D) Limitation The power of the City Manager in approving a variance requests shall be limited a single request which is applied to an individual lot, where such lot is located within an area where at least 75 percent of the lots in a radius of 300 feet from the subject property have already been developed. (E) Review Procedures (1) Application for a variance request shall be made by the fee owner of the property on a form prescribed by the Building, Zoning and Community Development Department and shall be submitted to the Department. The application shall include a current survey and an accurately and fully dimensioned site plan showing the existing structures on the property, the location of the proposed construction, and the location and use of existing structures on the adjacent properties from which the variance is being requested. The application shall include a letter of intent explaining the reason and justification for the proposed construction and variance request. The application shall be accompanied by: (a) The written consent of all the property owners of all adjacent or abutting lots to the subject property, and (b) The written consent of all the property owners of all lot(s) immediately across the street from the property for setbacks facing public rights -of -way. (2) Upon receipt of the application for a variance, the City Manager, prior to making his decision, shall have a staff member of the Department inspect the site of the property and the surrounding properties to determine what impact, if any, the proposed construction will have on the area. The staff member shall attempt to personally contact the residents and/or owners of the adjacent properties including the property or properties immediately across all adjacent streets, for the purpose of collecting additional information relevant to the application. 13 (3) Upon receipt of all necessary information including staff reports, the City Manager shall review the information and render his decision either approving, modifying or denying the request. A copy of the decision shall be published in a newspaper of general circulation. A variance shall not be effective until fifteen (15) days after the City Manager's decision is published in a newspaper of general circulation. A courtesy notice containing the decision of the City Manager may be mailed to adjacent and abutting property owners of record, their tenants, or their agents, that are identified on the application. Failure to mail or receive such courtesy notice shall not affect any action or proceedings taken under this section. (4) In granting any variances, the City Manager may prescribe appropriate conditions and safeguards as the City Manager may feel necessary to protect and further the interests of the abutting properties, the neighborhood area, or the entire community which may include but not be limited to the following: (a) landscape materials, walls, and fences for visual and acoustical buffering, (b) modification of the orientation of proposed openings in structures, and /or (c) modification of arrangement and location of structures on the site. (5) Granting of an administrative variance shall be recorded in the official public records of,Metro -Dade County, a copy of which shall be filed in the records of City of South ` iami's Building, Zoning & Community Development Department. y` (F) Appeals (1) The applicant, or any aggrieved property owner in the City of South Miami, may appeal decisions of the City Manager to the City Commission under § 20- 6.1(E) of the Land Development Code. Cc/ CZ � a (2) In the event that an appeal is filed by any aggrieved property owner within the City of South Miami, the City Manager may stop or suspend any construction authorized by the variance, until a decision has been made on the appeal. In the event the City Manager should determine that the suspension of the construction could cause imminent peril to life or property the City Manager may permit the construction to continue upon such conditions and limitations, including furnishing of an appropriate bond, as may be deemed proper under the circumstances. SECTION 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. `1q SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED THIS 4th DAY OF October, 1994. ATTEST: Rosemary J. Wascura City Clerk READ AND APPROVED AS TO FORM: Earl G. Gallop City Attorney / -7 Neil Carver Mayor c: \reports\variance.ord SENT BY : B. H. J. & h. ter. I" To: FROM: RE: DATE !'L1'Jf • 11 • 1z. - LJAI"l 11L.11 Wu_ __1 - City of South Miami INTER--OFFICE MEMORANDUM Bill Hampton, City Manager Earl G. Gallop Land Development Code Administrative Variances July 21, 1994 Jictatea, out not reviewec and signed in absence 60 expedite mailing. There is a general consensus that a measured flexibility is desirable in varying some requirements in the land development code. For your review, I enclose a copy of Section 33 -36.1, Metropolitan Dade County Code, providing for administrative variances. The code authorizes the director of the building and zoning department to grant certain non -use variances pertaining to setback lines, frontage requirements, setback requirements for screen enclosures, tennis courts, swimming pools and other accessory structures, and so on. The code further provides standards, consent requirements, and for appeal of decisions. Administrating a legal hardship is not a requirement to obtaining an administrative variance. I would like your advice concerning amending the land development code to include such a provision. EGG /egs Enclosure cci Dean Mimms Bill Mackey baaptan.fa o 4 33-U DADE COUNTY CODE (d) Property split by district boundary. Exten. (2) That the lot coverage is not increased by sion of a district when its boundary splits a more than twenty (20) percent of that nor• privately owned lot. mally permitted. (e) ,Setbacks; lot area. Variation, the purpose of which is to conform to front line.require- ments of the rest of the block; to allow a reduction in the minimum lot area require - menta or setback where the shape of the building lot or location of existing nearby buildings justifies such variance. (f) Fending suruey to verify distances. Issuance of a permit conditional upon the owner's submitting a certified survey to verify dis- tances shown on the plans filed with the application. (g) Special uses. Other special types of special usage, such as temporary stands, landing fields, public buildings or structures for tem- porary use, temporary refuse dumps, etc. For other special or unusual uses permitted herein, where any question exists regarding the possibility of said special or unusual use conflicting with or encroaching upon other legally existing uses in any district. (Ord. No. 67.19, § 38, 10.22 -57) Sec. 33.36.1. Administrative variances. (a) Notwithstanding any other provision of this chapter, in RU -1, RU -2, RU -TH, all EU Districts, and those other districts permitting single - family, duplex, and townhouse use, upon application duly made, the Director of the Building and Zoning Department may, by administrative decision, ap- prove any "non -use variance" request. For the pur. poses of this subsection, a "non -use variance ", as defined in Section 33.311.1(e)(2), Code of Metro. politan Dade County, may involve matters such as setback lines, frontage requirements, subdivi- sion regulations, height limitations, lot size re- strictions, yard requirements, and other variances which have no relation to change of use of the property in question. Requests varying setbacks, spacing, and lot coverage requirements from those specified elsewhere in the zoning regulations may only be approved providing that they do not ex• ceed the following- (1) That the setback required is not reduced below fifty (50) percent of that normally re- quired. Supp. No. 2 fn (3) That the spacing requirement between prin- cipal and accessory buildings is not reduced below fifty (50) percent of that normally re- quired. (b) Notwithstanding any other provision of this chapter, in any district upon application duly made, the Director of the Building and Zoning Department may, by administrative decision, ap. prove any "non -use variance" request or "special exception" from zoning regulations on parking re• quirements for any property designated as an his- torical site and subject to a certificate of appropri. ateness pursuant to Chapter 16A of this Code. Such requests may be approved providing that "non -use variance" requests do not exceed the standards set forth in Section 33.36.1(a) and that "special exception" from zoning regulations on parking requirements requests do not reduce parking below thirty (30) percent of that normally required. Further, the requirements of Section 33- 36.1(1) shall not apply to administrative variances granted to designated historical sites pursuant to this subsection. (c) The Director may vary the setback require- ments for screened enclosures, tennis courts, swim. ming pools and other accessory structures or uses providing that the setback required is not reduced below fifty (50) percent of that normally required. (d) In granting the variation and issuing the permit, the Director shall find: 5152 (1) That the variance will be in harmony with the general appearance and character of the community. (2) That the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (3) That the proposed addition is designed and arranged on the site in a manner that min. imizes aural and visual impact on the ad- jacent residences while affording the appli- cant a reasonable use of his land. (e) The application for variance shall be made by the fee owner of the property on a form pre- ZONING scribed by the Department and shall be submitted to the Building and Zoning Department. The ap• plcaation shall include an accurately dimensioned plot use plan showing the existing structures on the subject property, the location of the proposed addition, the general location and use of existing structures on the adjacent property from which the variance is being requested. The application shall include a letter of intent explaining the reason and justification for the proposed addition and variance. The application shall be accompa- nied by: (1) The consent of all the owners of all adja- cent or abutting lots to the subject prop. erty, and (2) The consents shall also include the owner of the lot(s) immediately across the street from the subject site. (fl Upon receipt of the application for variances, the Director, prior to making his decision, shall have a staff member of his Department inspect the site of the subject property and the surrounding properties to determine what impact, if any, the proposed addition will have on the area. The staff member shall attempt to personally contact the residents and/or owners of the adjacent properties including the property or properties immediately across all adjacent streets, for the purpose of col. ,ice Supp. No. 2 5152.1 133-36.1 , :, JC.NI 01-U. n. J. At U. • 1 l -Oi , 11.1: - :..:'Illy, .1­1. --- --- - - -- ZONING} lecting additional information relevant to the ap- plication. (g) Upon receipt of all necessary information including a staff report, the Director shall review the information and render his decision either ap- proving, modifying or denying the request. A copy of said decision shall be published in a newspaper of general circulation. All approvals or modifica. tions shall not be effective until fifteen (15) days after the Director's decision is published in a news• paper of general circulation. A courtesy notice con- taining the decision of the Director may he mailed to adjacent and abutting property owners of record, their tenants or their agents, that are duly noted on the application. The failure to mail or receive such courtesy notice sha11 not affect any action or proceedings taken hereunder. In granting any variances the Director may prescribe any appro. priate conditions and safeguards he may feel nec. essary to protect and further the interest of the area and abutting properties, which may include but not be limited to the following: (1) Landscape materials, walla, and fences as required buffering. (2) Modifying of the orientation of any open. ings. (3) Modifying of site arrangements. The decision of the Director shall be recorded on the official zoning maps of Dade County. (h) The applicant, or any aggrieved property owner in the area, may appeal the decision of the Zoning Director to the Zoning Appeals Board in the manner provided for appeals of administra- tive decisions (Section 33- 311(cx2) of the Code). In the event an appeal is made by an aggrieved prop- erty owner in the area, the Director may stop or suspend any construction authorized by the vari- ance, until a decision has been made on the ap peal. In the event the Director should determine that the suspension of the construction could cause imminent peril to life or property he may permit the construction to continue upon such conditions and limitations, including the furnishing of an appropriate bond, as may be diemed proper under the circumstances. Upon an appeal by an ag. grieved property owner, the provisions of Section 33.311 shall be applicable. 1 83.38 Q) The right of the Director of the Building and Zoning Department in so approving requested variances shall be limited to those requests ap- plied to individual lots and where the lot in ques- tion is within an area where at least seventy -five (75) percent of the lots in a radius of three hun- dred (300) feet from the subject property have al- ready been developed. (Ord. No. 77.12, § 1, 2- 15.77; Ord. No. 78.15, § 1, 3- 21.78; Ord. No. 83.12, § 1, 3.1.83) Sec. 33.37. Exceptions to chapter. (a) Where the dimensions of any residential lot are less than prescribed by this chapter for its particular district and it is not possible to acquire sufficient adjoining land to increase the size of said lot to the dimensions required hereby, a permit shall be issued only after approval by public hearing. (b) No use or occupancy of any land or struc. ture, other than as provided in Section 33.36 and elsewhere herein. shall be permitted in any dis- trict established hereby; nor shall any deviation from any restriction established herein as to size of lot, distance of building from nearest right - of -way line of the highway or street, alley or other thoroughfare, or property line distance, or from any other restriction or regulation provided herein, be permitted, except as provided herein, until after a public hearing. (Ord. No. 57.19, § 36, 10.22.57) Sec. 33.38. Stop work orders. For the purpose of inspection, the Director and his authorized representatives shall have free ac. cess to materials and work at all times and either or both shall have the power to stop work pending investigation as to materials, work. grades, use and other provisions of this chapter. 5153 The Director is authorized, where he deems it necessary, to request the execution of any agree. ment for recording. (Ord. No. 57.19, 114, 10.22.57)