The URL can be used to link to this page

08-18-92OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive Regular City Commission Meeting August 18, 1992 7:30 p.m. A. Invocation Next Resolution: Next Ordinance: Next Commission Meeting:8 /25/92 Spec. B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1. City Manager's Report 2. City Attorney's 'Report 3. Approval of minutes: August 4, 1992. ORDINANCES SECOND READING AND PUBLIC HEARING: 4. An Ordinance of the City of South Miami, Florida, revoking the existing Chapter 11 "Garbage and Trash of the Code of Ordinances of the City of South Miami, Florida, and enacting a new Chapter 11 "Sanitation Regulations;" providing for severability; ordinances in conflict; and an effective date. (Administration) RESOLUTIONS FOR PUBLIC HEARING: 3/5 5. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, granting a request by the School Board of Dade County, Florida, from the Planning Board of the City of South Miami for three variances from Sec. 20 -3.5 (C)(3) of the Land Development Code to allow a zero (0') feet rear setback for a proposed addition; to allow a building coverage of thirty eight percent (38%); to allow an impervious_ coverage of seventy six percent (76/) and one variance from Sec. 20 -3.5 B (12) of the Land Development-Code to require no addito'nal parking spaces where twenty six (26) parking spaces are required for a proposed addition for the property known as 6750 SW 60 Street, South Miami, 'Florida 33143 (a - public facility, specifically South Miami Middle School) and legally described hereinbelow. (PB /Administration) 4/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests for a variance from Sec. 20 -3.5 E of the Land Development Code to allow a front set- back of twelve (12) feet where twenty five (25) feet is permitted in single family residential (RS -4) District by Habitat for Humanity from the Planning Board of the City of South Miami, FL for the property known as 6091 SW 63 Street, South Miami, FL 33143 and legally described hereinbelow. (PB /Administration) 4J5 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests for a variance from Sec. 20 -3.5 E of the Land Development Code to allow a front setback of nineteen (19) feet where twenty five (25) feet is permitted in single family residential (RS -4) District by Habitat for Humanity from the Planning Board of the City of South Miami, Florida, for the property known as 6100 SW 62 Terrace, South Miami, Florida 33143 and legally described hereinbelow. (PB /Administration) 4/5 OFFICIAL AGENDA August 18, 1992 7:30 p.m. RESOLUTIONS FOR PUBLIC HEARING: 8. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests for a variance from Sec. 20 -3.5 E of the Land Development Code to allow a front set- back of twelve (12) feet where twenty five (25) feet is permitted and a side setback of thirteen (13) feet where fifteen '(15) feet if permitted in single family residential (RS-4) District by Habitat for Humanity from the Planning Board of the City of South Miami, Florida for the property known as 6040 SW 62 Terrace, South Miami, Florida 33143 and legally desc'ri'bed hereinbelow. (PB /Administration) 4/5 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving a request pursuant to Sec. 20 -3.4 (B)(4)(a) of the Land Development Code for a Special Use permit to allow a "Restaurant, Convenience" Use by Brantany Holding Corporation, from the Planning Board of the City of South Miami, Florida, for the property known as 6222 South Dixie Highway, South Miami, Florida 33143 and legally described hereinbelow. (PB /Administration) 4/5 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, denying a request for a variance from Sec. 20 -3.5 E of the Land Development Code to allow a front set - back of eighteen (18) feet where a twenty five (25) foot setback is required in the (RS -3) "Medium Lot Single- Family Residential" District by Michael Hodes from the Planning Board of the City of South Miami Florida, for the property known as 6285 SW 70 Street, South Miami, Florida 33143, and legally described hereinbelow. (PB /Administrat'ion) 4/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, denying a request for a Special Use permit to allow a "Mobile Automobile Wash /Wax Service" Use in the LO, MO, NR, GR, I and H Districts pursuant to Section 20 -3.4 (B)(20) of the Land Development Code by Alvaro Tellez from the Planning Board of the City of South Miami, Florida. (PB /Administration) 4/5 RESOLUTIONS: 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida denying an appeal from the Environmental Review and Preservation Board by Dorphil Swimming Pool Supplies, with regard to installation of nine additional tanks for the property commonly known as 7500 SW 61 Avenue, South Miami Florida. (Commissioner Carver) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter into contracts with Principal Mutual Life Insurance Co., and Principal Health Care Inc., to provide group life insurance including accidental death and disbursement insurance, and group health benefits for City of South Miami full -time employees. (Administra'tion) 3/5 OFFICIAL AGENDA August 18, 1992 7:30 p.m. RESOLUTIONS: 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing .,retroactively the City's Public Works Department purchase of repair services as set forth hereinbelow upon an emergency basis; authorizing an additonal expenditure of $700.00 to General Plumbing 24 Hour Repair, Inc., for these services; charging the disbursement to account No. 2100 -5510 "General Fund Contingency. (Administration) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida authorizing the City Manager to disburse the sum of $2,732.25 representing fees incurred for legal services by Gregory Borgognoni of Ruden, Barnett ETAL, in the cases of Gomez, $2,172.25 vs. City of South Miami and Lipton, $560.00 vs. City of South Miami and charging the disbursement to account number 2100- 4910: "Comprehensive Special Attorney." (Admin'istrati`on) 3/5 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Finance Department to purchase accounts payable checks for a total price not to exceed $1,585.00 and providing for disbursement from account #01 -1410- 5210, "Supplies." (Administration) 3/5 ORDINANCES FIRST READING: 17. An Ordinance of the City of South Miami, Florida, amending the City's Occupational License Ordinance by providing a License Category Fee of $100.00 for "Landscape Designer;" providing for severability; ordinances in conflict; and an effective date. (.Mayor McCann) 3/5 18. An Ordinance of the Mayor and City Commission, of the City of South Miami, Flarida, amending Section (3) E of Ordinance Number 14 -90 -1454, by limiting fees for single family residences for approval by the Environmental Review and Preservation Board ( "ERPB ") to where the 'repairs, alterations, or additions are in excess of $1,500.00 and not requiring a fee for additonal appearances before the ERPB; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Carver) 4/5 19. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section (J) 4 of the Land Development Code of the City of South Miami, by excepting screen enclosures for Townhouses (RT -6) from the side and rear setbacks otherwise required; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Cooper) 4/5 REMARKS: 1. Lillian Hance - will appear ERPB August 18, 1992 a.m. If approved, seek to have Commission waive 15 day waiting period on shutters. Scarlet Letter Antiques. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. OFFICIAL AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive Next Resolution: Regular City Commission Meeting Next Ordinance: August 18, 1992 Next Commission 7 :30 p.m. A. Invocation Meeting:8 /25/92 Spec. B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration: 1. City Manager's Report 2. City Attorney's Report 3. Approval of minutes: August 4, 1992. ORDINANCES — SECOND READING AND PUBLIC HEARING: J 4. An Ordinance of the City of South Miami, Fldri a, revoking the existing Chapter 11 "Garbage and Trash" of the Code of Ordinances of the City of South Miami, Florida, and enacting a new Chapter 11 "Sani`tation Regulations;" providing for severability; ordinances in conflict; and an 'effective date. (Administration) 3/5 RESOLUTIONS FOR PUBLIC HEARING: A Resolution of the Mayor and City k- 5. ommission of the City of South Miami, Florida, granting a request by the School Board of Dade County, Florida, from the Planning Board of the City of South Miami, for three variances from Sec. 20 -3.5 (C),(3) of the Land Development Code to allow a zero (0) feet rear setback for a proposed addition; to allow a building coverage of thirty eight percent (38%); to allow an impervious coverage of seventy six percent (76 %) and one variance. from Sec. 20 -3.5 B (12) of the Land Development-Code to require no additonal parking spaces where twenty six (26) parking spaces are required for a proposed addition for the property known as 6750 SW 60 Street, South Miami, Florida 33143 (a public facility, specifically South Miami Middle School) and legally described hereinbelow. (PB /AdministrationO 4/5 6. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests for a variance from' Sec. 20 -3.5 E of the Land Development Code to allow a'front set- c5,0 back of twelve (12) feet where twenty five (25) feet is permitted in single family residential (RS -4) District by Habitat for Humanity from the Planning Board of the City of South Miami, FL for the property known as 6091 SW 63 Street, South Miami, FL 33143 and legally described hereinbelow. (PB /Administration) 4/5 qq- 9jo 7. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests for a variance from Sec. 20 -3.5 E of the Land Development Code to allow a front setback ,Q of nineteen (19) feet where twenty five (25) feet is permitted in single family residential (RS -4) District by Habitat for Humanity from the Planning Board of the City of South Miami, Florida, for the property known as 6100 SW 62 Terrace, South Miami, Florida 33143 and legally described hereinbelow. (PB /Administration) 4/5 OFFICIAL AGENDA August 18, 1992 7 :30 p.m. RESOLUTIONS FOR PUBLIC HEARING: 8 q Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving requests for a variance from Sec. 20 -3.5 E of the Land Development Code to allow a front set- back of twelve (12) feet where twenty five (25) feet is permitted and a side setback of thirteen (13) feet where fiftee'n (15) feet if permitted in single family residential (RS -4) District by Habitat for Humanity from the Planning Board of the City of South Miami, Florida for the property known as 6040 SW ,62 Terrace, South Miami, 'Florida `33143 and legally described hereinbelow. (PB /Administration) 4/5 /- 9. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving a request pursuant to Sec. 20 -3.4 (B)(4)(a) of the Land Development Code for a Special Use permit ®� to allow a "Restaurant, Convenience" Use by B'rant,any Holding Corporation, from the Planning Board of the City of South Miami, Florida, for the ,property known as 6222 South Dixie Highway, South Miami, Florida 33143 and legally described hereinbelow. (PB /Admmini'strati'on) 4/5 /c)c;� ®,. g3 10. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, denying a request for a variance from Sec. 20 -3.5 E of the Land Development Code to allow a front set- back of eighteen (18) feet where a twenty five (25) foot setback is required in the (RS -3) "Medium Lot Single - Family Residential" District by Michael Hodes from the Planning Board of the City of South Miami, Florida, for the property known as 6285 SW 70 Street, South Miami, Florida 33143, and legally described hereinbelow. Y q )q7 (PB /Administration) 4/5 11. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, 'denying a request for a Special Use permit to allow a "Mobile Automobile Wash /Wax Service" Use in the L0, MO, NR, GR, I and H Districts pursuant to Section 20 -3.4 (B)(20) of the Land Development Code by Alvaro Tellez from the Planning Board of the City of South Miami, Florida. (PB /Administration) 4/5 RESOLUTIONS: 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; denying an appeal from the Environmental Review and Preservation Board by Dorphil Swimming Pool Supplies, with regard to installation of -nine additional tanks for the property commonly known as 7500 SW 61 Avenue, South Miami, Florida. /01.3 - Y.-2 - q3 c� (Commissioner Carver) 3/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to enter into contracts with Principal Mutual Life Insurance Co., and Principal Health Care Inc., to provide group life insurance including accidental death and disbursement insurance, and group health benefits for City of South Miami full -time employees. (Administration) 3/5 OFFICIAL AGENDA August 18, 1992 7:30 p.m. RESOLUTIONS: y /U4 14. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, auth'orizing,retroactively, the City's Public Works Department purchase of repair services as set forth hereinbelow upon an emergency basis'; authorizing an L!,0 additonal expenditure of $700.00 to General Plumbing 24 Hour j Repair, Inc., for these services; charging the disbursement to account No. 2100 -5510 "General Fund - Conting`ency." ('Administration) 3/5 /J qc,-)- — 11-313q)-09 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse the sum of $2,732.25 representing, fees incurred for legal nservices by Gregory Borgognoni of Ruden, Barnett ETAL, in the cases of Gomez, $2,172.25; vs. City of South Miami and Lipton, $560.00 vs. City of South Miami and charging t he 'di sbursement to account number 2100 -4910: "Comprehensive Special Attorney." (Administration) 3/5 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the Finance Department to purchase accounts payable checks for a`total price not to exceed $1,585.00 and providing for disbursement from account #01-1410 - 5210, "Sup`plies." (Admini- stration) 3/5 ORDINANCES - FIRST READING: 17. An Ordinance of the City of South Miami, Florida, amending the City's Occupational License Ordinance by providing a License Category fee of $100.00 for "Landscape Designer;" providing for severabil'ity; ordinances in conflict; and an effective date. (Mayor McCann) 3/5 18. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending Section (3)'E. of Ordinance Number 14 -90 -1454, by limiting fees for single family residences for approval by the Environmental Review and Preservation Board ( "ERPB ") to where the repairs, alterations or additions are in excess of $1,500.00 and not requiring a fee for additonal appearances before the ERPB; providing for severability; providing for ordinances in conflict; and pr'ovidi'ng an effective date. (Commissioner Carver) 4/5 19. An Ordinance of �n City Commission of the Cit y o f South Miami, 'Florida, amending Section (J) 4 of the Land Development Code of the City of South Miami, by excepting screen enclosures for Townhouses (RT -6) from the side and rear setbacks otherwise required; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Cooper) 4/5 I REMARKS: � d� 1. Lillian Hance - will appear ERPB August 18, 1 92 a.m. If approved, seek to have Commission waive 15 day waiting period on shutters. Scarlet Letter Antiques. You are hereby advised that if any person desires to appeal any decision with respect to any matter considered at this meeting or hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. -1" 1 . 5 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, REVOKING THE EXISTING CHAPTER 11 GARBAGE AND TRASH" OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, FLORIDA, AND ENACTING A NEW CHAPTER 11 "SANITATION REGULATIONS;" PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the `itv -) f South Miami. Florida has heretofore enacted a Code of Ordinances. :which in Chapter 11 thereof provides for =he :eaulation of aarbaae and trash: and WHEREAS. since the last codification �n 1970, substantial hanaes :n '7tate Law and Municipal oractice have affected the :eaulation of garbage and trash: and WHEREAS. the Mayor and City Commission therefore wish to amend the City's Code of Ordinances to provide for these chances in law and practice: NOW, THEREFORE, BE 17 ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The existing Chapter 11 "Garbaae and Trash" of the Code of Ordinances of the Citv of South Miami. Florida be, and the same hereby is, deleted in its entirety and the attached Chapter 11 "Sanitation Reaulations" be, and hereby is, enacted. Section 2. If anv section, clause. sentence or phrase of this Ordinance is held to be invalid or unconstitutional by anv court of competent iurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its oassaae. L ly PASSED AND ADOPTED this th day of - f X992. ATTEST: `TT+ CLERK � a 1 READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: :MAYOR i CHAPTER 11 SANITATION REGULATIONS SECTION 11 -1: DEFINITIONS The following words and phrases when used in this Chapter shall have the meaning ascribed to them in this section. a) CITY MANAGER - shall mean the chief executive officer and head of the administrative branch of the City or his duly authorized agent or representative. b) GARBAGE - is animal and vegetable waste resulting from handling, preparing, cooking and serving foods. It originates primarily in kitchens, stores, markets, restaurants, and hotels. Composed largely of putrescible organic matter and its natural moisture content. When carelessly stored, garbage often becomes a source of food for rats and other vermin and a breeding place for flies. c) WASTE CONTAINER - is a container made of galvanized metal, durable plastic or other similar material capable of containing garbage, with a capacity of not less than twenty (20) gallons and not more than thirty -two (32) gallons and having the _following characteristics: (1) At least two handles upon the sides or a bail by which it may be lifted. (2) Sufficient strength for workmen to empty conveniently. (3) A tight - fitting metal or plastic top with handle, and constructed to permit the free discharge of its contents. d) WASTE BAG - is a polyethylene or other heavy -duty plastic bag, which meets the National Sanitation Foundation standard for thickness, minimum 1.5 mills, has a capacity not to exceed thirty -two gallons, and has a securing mechanism. I/ - e e) CONTAINERIZED WASTE - shall mean material such as paper boxes, excelsior, rags, wooden boxes or containers, non recyclable bottles, non recyclable cans, sweepings and all other accumulations other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places. f) YARD TRASH - shall mean leaves, grass cuttings, tree branches, twigs, tree cuttings, hedges, old flowers, weeds, shrubbery and vines. g) RECYCLABLE MATERIAL - shall mean any commission designated material which is capable of being recycled and which, if not, would be processed and disposed of as solid waste. The term "recyclable material" shall include green glass, brown glass and clear glass; aluminum and specified plastic containers, newspapers, and phone books. h) RECYCLING CONTAINER - is a plastic receptacle furnished by the City only for the purpose of containing recyclable material as described in Section 11 -1g. i) LITTER - shall mean any form of solid waste that is indiscriminately deposited on the public right -of -way or private property. j) BULKY WASTE WHITE GOODS - shall mean discarded furniture, appliances such as, stoves, water heaters,. dryers, bathtubs, sinks and any other like items, refrigerators, washing machines, sofas, chairs, mattresses, and other large items that may require special handling at the home owners cost. k) HAZARDOUS WASTE REQUIRING SPECIAL HANDLING - shall mean solid waste materials which, because of its physical, chemical infectious, explosive, radioactive, or toxic nature, -2- requires specialized handling for safe disposal by licensed private haulers. 1) SOLID WASTE - shall mean garbage, trash, hazardous waste, or other discarded material, including solid, liquid, semi- solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. SECTION 11 -2: COLLECTION IN THE CITY All garbage, trash and waste accumulated within the City limits shall be collected, conveyed, and disposed of by and through the Department of Public Works of the City or a private licensed waste collection firm. Private waste collection firms must supply the City with certification of dispasal, in approved land fill sites each month. SECTION 11 -3. PERMIT REQUIRED FOR COLLECTION AND DISPOSAL; REGULATION OF LICENSEES. a) No person, firm or corporation shall, for a fee, collect, transport or dispose of any solid waste item within the City limits without a permit issued by the City. The permit shall be issued by the City Manager only after determination that the licensee is capable of complying with the requirements of this chapter and with all other governing laws and ordinances, and is subject to suspension or revocation in the event such regulations and laws are not complied with. The City shall receive a permit fee of three thousand dollars ($3,000.00) for any permit. Payable on or before October 1 of each year, with said permit expiring September 30 of each year unless sooner terminated or voluntarily surrendered by licensee. The permit required by this section shall be in addition to any occupational license which may be required by law. Renewals shall be at the fee in existence at the time of renewal. T �_ b) Applications for a permit shall be made to the Department of Public Works upon such form and in such manner as shall be prescribed by the Director, said form to elicit the following information and to be accompanied by supporting documents and such other information as may be required by the Department from time to time. 1) Name of applicant. In addition to the name of the applicant, if the applicant is a partnership or corporation, the name(s) and business address(es) of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation must be provided. However, if the corporation is a publicly owned corporation having more than twenty -five (25) shareholders, then only the names and business addresses of the local managing officers shall be required. 2) Character of applicant. The applicant for a permit under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any controlling or managerial interest therein, shall be of good moral character. Criminal histories and fingerprints _shall be required with all applications. (`Public Entity Crime Affidavit, Chapter 287.133 (3)(a) Florida Statutes). 3) Business history. The applicant shall state whether: a) Applicant has operated a solid waste collection- removal business in this or another state. b) A permit or license has ever been revoked or suspended and the reasons therefore. 4) Existence of business entity. If applicant is a corporation, applicant shall submit proof of incorporation in good standing in the state of incorporation and, if a foreign iI corporation, applicant shall provide information certifying that applicant is qualified to do business in the State of Florida. If applicant is other than a corporation and is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered with State of Florida Department of State and held by applicant. 5) Equipment and method of operation. The applicant for a permit shall possess equipment capable of providing safe and efficient services. In making such a determination and approving the method of operation for each applicant, the department shall require the following information: a) The type, number and complete description of all equipment to be used by the applicant for providing service pursuant to this chapter. b) A statement that applicant disposal sites for disposing trash, industrial waste, and sc applicant collects and removes. with all_ applicable State recycling of waste and garbage. will use only approved of all garbage, garden lid waste material which Applicant shall comply requirements regarding c) The names of customers, the addresses of each location served, and schedule of rates of the company. 6) Insurance requirements. The applicant for a permit shall maintain insurance as specified herein and shall furnish a public liability policy to the department and also file with the department a certificate of insurance for all policies written in the applicant's name. The applicant shall carry in his own name a policy covering his operations in an amount not less than one million dollars ($1,000,000.00) per —5— n occurrence for bodily injury and property damage combined single limit of liability regarding commercial general liability. The City of South Miami shall be named an additional insurer on such commercial general liability policy. The applicant shall carry in his own name a policy covering his operations in an amount not less than one million dollars combined single limit of liability per occurrence, for bodily injury and property damage liability regarding automobile liability insurance. The contractor shall carry Workers' Compensation in accordance with Florida Statutes 440. Certificates of Insurance in evidence of compliance with this paragraph shall be furnished to the City. a) The completed application shall be submitted to the department. Upon receipt of a completed application, the Director or a designated representative shall review said application and, if satisfactory in all respects, and after payment of required fees, the City Manager shall issue the permit. T b) Should the City Manager deny an application for a permit, he shall notify the applicant of such denial by certified mail not later than fourteen (14) days after taking such action. c) Should the City Manager issue a permit, the permit for the collection of solid waste issued under the provisions of this chapter may not be assigned or transferred. In the event of any change in ownership and /or name of the corporation or partnership, formal notification shall be given the City within thirty (30) days thereof. SECTION 11 -4. PREPARATION OF WASTE TO BE COLLECTED a) All garbage shall be drained and wrapped before depositing in the waste container. Q. b) No bundled yard trash may exceed lengths of four (4) feet nor weigh more than fifty (50) pounds. All yard trash shall be placed at the curb -side on the right -of -way adjacent to ,I the owner's property for either tied in bundles collection or in waste containers. No yard trash will be allowed in waste bags. Each resident may call for special collection for bulky waste white goods as described in 11 -1(j) of this Chapter, and pay a disposal fee of $30.00 for each item collected. The property owner will be responsible for payment of fee, when items are collected from the right -of- way adjacent to their property. c) Commingling of yard ' trash with garbage is prohibited effective January 1, 1992, and shall constitute a violation of this Chapter. Yard trash shall be kept separate from other forms of solid waste when placed at curb -side for collection. d) Recyclable material, glass and aluminum shall be put inside the recyclable containers provided by the City and plastic /paper products shall be placed in paper bags at curb -side on scheduled collection days. The containers shall be the property of the City and shall be replaced only upon payment of the fee established by the City for replacement. The contents of the recyclable containers are the property of the City. e) No person or corporation shall be allowed to transport into the City and deposit solid waste for the removal by the city or private solid waste haulers. SECTION 11 -5. GARBAGE AND WASTE CONTAINERS a) Number and size. Each residence may provide up to two waste containers. These containers maybe used for garbage or yard trash but not commingled. —7— b) approval of containers. Containers shall meet all requirements of this Chapter, and are subject to inspection by the Public Works Department. The owners of containers which are determined to be unsafe or unsanitary, will be notified to dispose of or make them sanitary. Failure to comply will result in such containers being removed by the Public Works Department. SECTION 11 -6. DUTY TO DISPOSE OF SOLID WASTE AND PREVENT ACCUMULATIONS a) It shall be unlawful for the owner, manager, occupant, lessee of, or other person responsible for any lot, parcel or tract of land in any part of the City to deposit, store, keep, or maintain, or permit to be deposited stored, kept or maintained solid waste which is not containerized, except for the purpose of composting yard trash. Any composting project shall not cause any obnoxious odors or become a nuisance to the surrounding area. Such material shall not be kept on any adjoining up blic rights -of -way or easements. b) Service points. Waste containers and other containerized waste must be placed at curb -side or not more than 50 ft. from center line of the street. Containers shall be placed at curb -side the day of collection before 7:00 a.m. and removed within twenty -four (24) hours after the scheduled collection day. c) Commercial containers (dumpsters included). Commercial containers shall be placed at a location designated by the Public Works Department for collection. The owner, shall maintain the area in a safe and sanitary manner. SECTION 11 -7. COMMERCIAL COLLECTION FEE SCHEDULE a) The fees for collection of waste from commercial establish- ments including apartments, hotels- and motels from approved garbage containers as described in this chapter shall be as set forth herein for the number of containers and frequency of collection. 1) 30 gallon container: Class No. Collections per week Monthly fee 6 2 $14.18 7 5 $36.50 2) Additional for each container above minimum: Class No. Monthly fee 6 $22.58 7 - - $22.58 b) The fees for collection of waste from commercial establishments including apartments, hotels and motels from approved City -owned and privately -owned and maintained bin - type containers shall be as set forth herein for the capacity and frequency of collection. 1) One cubic -yard dumpster: Class No. Collection per week Monthly fee 9 2 $105.30 10 3 155.72 11 5 180.94 2) Two cubic -yard dumpster: 13 2 $146.26 14 3 215.59 15 5 259.72 c) Special waste haudliag fee. Disposal cost for the following items is $30.00 each: Box Springs ref rige,rator 17 WA mattress television washer dryer dishwasher stove water heater furniture Bulky waste - half truck load (16 cubic yards) $112.50 One truck load (32 cubic yards) $225.00 SECTION 11 -8. ENFORCEMENT; INSPECTIONS BY CITY a) The City Manager shall have the authority to enter, at all reasonable times, upon commercial property for the purpose of inspecting conditions relating to the enforcement of the provisions of this Chapter. b) It shall be a violation of this Chapter for any person, firm or corporation not authorized by the City Manager to collect any recyclable items from containers which have been specifically placed for collection in the recycling program. It is not the intent of this section to prohibit any nonprofit organization from soliciting newspapers, cans, or bottles for the purpose of resource recovery and recycling. SECTION 11 -9. BILLING; PAYMENT; DUE DATES a) Billing for service. In all cases the bill for service under this Chapter shall be the joint and several liability of and charged to and paid by the owner of the property for which the service is rendered. All owners, tenants, users and /or occupants shall give the City notice thirty (30) days prior to moving, and shall have the responsibility of terminating any account with the City. b) Paysent of fees. The fees prescribed in Section 11 -7 are due and payable on the first day of each month. Such fee shall become delinquent if not fully paid on or before due date ten (10) days from the first day of each month. c) Fractional billing. When services commence during a calendar month, no charge will be made for periods of ten (10) days or less in any one month, but eleven (11) days or more shall be -10- interpreted to mean one month and shall be so charged. d) Exemption from fees. There shall be no exemptions for the payment of fees, except that establishments employing and using the services of a private waste collector holding a valid permit shall not be liable for the payment of waste fees as would otherwise be required hereunder so long as such employment and use continues. No vacancy allowances will be permitted. SECTION 11 -10. FEES SHALL CONSTITUTE LIENS a) For service of waste collection and disposal by the City or the availability of such service, all improved property shall be liable for the payment of the waste collection fees. All fees becoming due and payable shall constitute and are hereby imposed as special assessment liens against the real property aforesaid and, until fully paid and discharged or barred by law, shall remain liens of equal rank and dignity with the lien of the City ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. All delinquent fees shall bare a penalty of one and one -half per cent per month from the due date until fully paid. Unpaid and delinquent fees, together with all penalties imposed thereon, shall remain and constitute special assessments against the real property involved. Such special assessment liens may be enforced as provided for enforcement of City ad valorem taxes, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or the enforcement of payment thereof may be accomplished by any other method authorized by law. b) The City Manager is authorized and directed to execute and deliver upon request written certificates certifying the amount of waste fee d-ue upon any parcel of real property I/ -11- subject to the payment of such fees, or certifying that no waste fees are due, which certificates shall be binding upon the City. The City Manager shall make rules and regulations prescribing uniform procedures governing the administration of the provision of this Chapter and providing procedures for the payment of waste liens in periodic installments and the cancellation of waste liens, which rates and regulations when approved by resolution of the City Commission and filed in accordance with the requirements of this Code shall have the force and effect of law. RESOLUTION b0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDI GAANTIVG A, R80UEST BY THE SCHOOL BOARD OF DADE COUNTY, FLORSDk FROM THE PLANNING EMD OF THE CITY OP SOUTH MIAMI FOR THAIE VSRIiJiCLS FROM SIC. 20 -3.5 (C1 (3) OF THE `LAND DEV tLOPMENT CODE TO ALLOW A ZERO (0) FEET RZAR SWMACK FOR A PROPOSED 1DOTTION; TO ALLOW A BUILDING COV$RAaE OF THIRTY EIGHT PnCENT 139%1; TO ALLOW AN IMPERVIOUS COVMGE OF R MNTY SIX PgRCZNT (76%) AND ONE VARIANCE FROM SEC. 2(1 -3.5 B (121 OF THE LAND DZVZLOPMENT CODE TO REQUIRE NO ADDITIONAL PARKING SPACES iiMnZ TTZNTY SIX (2 6 ) PARKING SPICES ARM REQUIRED FOR A PROPosRn ADDITION FOR THE PRGPZRTY KNOWN AS 6750 S.W. 60TH STREET SOUTH MIAMI, FLORIDA 33143 (A PUBLIC F1iCIL'ITY, SPECIFICJILLY SOUTH MIAMI MIDDLE SCHOOL) AND LEGALLY DESCRIBED HBRRINAELOW WHER$AS, The School Board of Dade County, Florida requested the Planning Board of the City of South Miami for three variances from Sec. 24 -3.5 C (3) of the Land Development= Code: r.to allova zezo(01 feet reaz setback fora proposed . addition, where the existing rear setback tax a nonconforming dimension is zero (0) fopt and a minimum twenty five (25) feet rear setback is required; Z. to allov a building coverage of thirty eight percent (38%) wherT" the existing building coverage far a nonconforming dimension is thirty four percent (34%) and a maximum of thirty percent (30%1 is permitted; and 3. to alloy an impervious coverage of seventy six percent (16t), where the existing impervious coverage for a nonconforming dimension is seventy three percent (73%) and a maximum of forty percent (40%) is permitted. and one variance from Sec. 20 -3.5 B (121 of the Land Development Code: I. to require no additional parking spices vhere tventy six (26) perking spaces are required for a proposed addition. all said requests for the property knovn as 6750 s.W. 60th .stseatr South Miasi,'Florida 33143, which property is legally it deac#ibed as alloys: The Maxth 249.83 feet if the NE 1/4 of the 8E 1/4 of Section 26, Tovnship 54 South, Range 40 Fist, Less the North 25 feet and the Fast 35 feet thereof and that portion which lies within the external axe &'fozmed'be a 25.00 foot radius area concave to the southwest, tangent to the `test line at the Rest 35.00 feet of the NE 1/4 of the HE 1/4 of said Section 26 in Dade County, Florida; and WHEREAS, Staff recommended against the Requests as they are variances from the Code provisions; and WHEREAS, on September 24, 1991, the Planning Board voted to approve the requests by a 5 - 1 vote; NOW, THEREFORE, BE .T RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Request of the School Board of Dade County, Florida from the Planning Board of City of South Miami, Florida, for three variances from Sec. 20 -3.5 (C)(3) of the Land Development Code: a. to allow a zero (a) feet rear setback for a proposed addition, where the existing tear setback for a nonconforming dimension is zero (0) feet and a minimum twenty live (25) feet rear setback is required; b. to allow a building coverage of thirty eight percent (38%) where the existing building coverage for a nonconforming dimension is thirty four percent (34%) and a maximum of thirty Percent (30%) is permitted; and c. to allow an impervious coverage of seventy six percent (76k), where the existing impervious coverage for a nonconforming _dimension is seventy three percent (73 %) and a maximum of forty percent (40%) is permitted, all said requests for the property known as 6750 S.W. 60th StZeet, south Klasi, Florida 33143, be, and the sea* hereby ace, approved- section 2.. flat the Request of the School Board of Dade_ 2 County, Florida from the Planning Board of City of South Miami, Florida, tar one variance izom Sec. 20-3.5 (8)(12) to require no additional parkinq spaces where twenty six (26) pazkinq spaces are required for a proposed addition of the Land Development Code for the property knovn,as 6750 S.W. 60th Street, South Miaai, Florida 33143, be and the same hhezeby is approved. PASSED AND ADOPTED this nth day of October, 1991. APPROVED: KAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Y • 1 N 11 � I ♦M.i \J I � • 1 � ! I � 1 lia tpr AP f I RM -Z ,.lJ.r r'tQ. Pi •••I♦ • 1,, , • III i / 1 • I I I r••rq 1 V 1 `„ J.. r i !" • + • Z • � �.� ' •i 1, � � j �••� • 1 � sIw ' '• f u I . 1, • III ...:1 7 • + 1i' I !� + 7 s I l + �. MICA// e/f40 • �•t l •7 , • • , • 1` ! r,'� }, •1 "i •,1 •., 1. 1 j : I i I PR I' t r If\ ( ,•'rIM� 1 ./. 7 1• M t• i'• H /.�.� •{ \ • r + , I Y _ / � JI T ♦1f I• •..r a "`q l� t • I,' � • r u /� I• 0 '• 1• 1. 1 • n. '�• r � :►�! Y T'• • •/ ♦ 7 ;• ..• ••• �,. 1 1 T.. ea •=s Grl"t•. -• I. � ' • � .,.I . '• '• •� •rr � '�1 7 • >i a• o r•\c*y 7••c•I• r&, IIt I , fr i• �"�•r..•♦F �." ,• to IV ' T \Air • ?Mae r I `��•- • .•_ � ' 1 / f• • � r . I• / ,T.• •III • • .• , I s . a C • r••CT ! • • r , / - • 'PLICAW: iP . tr- Como" • Scab As AL mdami HIM amt '"" ou"967 60mg, SCUTM MI .4MLI FLoRloa a!1• Z 0 N I Nf; T I T 70 N MUM �wrs !a, vaa l..as •! t,.y cW"mV• PUMA" 4. m t� resas� aoa.afalfal .e �aa.a I!t f0/ tsK�l<l1is._ Vw Or�a�t �M the V � �r.,sy tsas flajl u Its faol to" "� «a��!�s sasat ysyMS iOaafC1N1 •t Wass" aas Paves f aaa F L+ "sMaa aka a.•a�s•. Ott Ii, �'ey tsar Mr+• es. sJs Mrs Cta/. to •aaw • 9aaa..s taws f iH 1 w a Naaa� � sLN Cr�eyi t•a.6"- "u+M s•vaNa 46 seventy q � � ► f a 1 `�' s aa st ws Cw r an - s s •�w 04, ae jM0� a v la..e Mti tw ao. Mt1 3.wiaa"" �. GeV" tsr. _w s.n. . • f ll if ai l •t tas �.s els�e Pwoe$M I 10� i 17==.. till,, sNss. sMs. saa fist apt 240.86 ,Neta ut: 17• s s"wa� tsi -"Moss ee .essca . efta paa,ea Msr �tol �ae arM tots•• is s* the to" last all 11/4 er a•etsM, as.. •"N'M•� ••rasa••. _jj �Ie., +ass i!. sae at UM raea"S 4,, aw ssras =�90 64 sow". a "" U m" sure" oo t tis an some"* to tas rOSe. aa� a/• �t -� � •e pia �tt1 as rls:aaa l/t •t 6444- ' is •9�a Le W to P„�e tMalatp, s/sglseal3t Man" ltaa" wu44" annea1 tftion; Wf�, the uh Wrist d*rsigned Proptrt. Owners, Property- We understaACf and a n•rs, ar• within Soe approve thf W'thi f sot of the above request. • _ ADDRESS ` •••� �S/,,6 S ctJ __. ••- ''''--- fit? -fir_ _��y6 s�,�, •-• - ••- -Ada • '1 ' - - o R ,7 s 1 0 - _ page - z) Pawl z-11 A STAFF REPORT Applicant: The School Board of Dade County, Florida Request 11: Variance from _Section 20- 3.5(C)(3) of the Land Development Code to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback: for a nonconforming dimension is zero (0) fset and a minimum twenty five (25) feet rear setback is required. Request 12: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a building coverage of thirty eight percent (38 %) where the existing Building Coverage for a nonconforming dimension is thirty four percent (34 %) and a maximum of thirty percent (30 %) is permitted Request 13: Variance from Section 20- 35(C)(3) of the Land Development Code to allow an Impervious Coverage of seventy six percent (76%), where the existing Impervious Coverage for a nonconforming dimension is seventy three percent (7,3 %) and a maximum of forty percent (40 %) is permitted. -_ Request #4: Variance from Section 20- 4.4(H)(12) of the Land Development Code to require no additional parking spaces where twenty six (26') parking spaces are required for a proposed addition. LBGAT -: The North 249.85 feet of thei I NE 1/4 of the SE 1/4 of Section 26, Township 54 ,South, Range 40 East, Less the North 25 feet and the East 35 feet 'thereof and that portion' which lies within the external area formed be a 25 00 foot radius are concave to the Southwest, tangent to the West line of the East 35.00 feet of the NE 1/4 of the NE 1/4 of said Section 26. Location: 6750 SW 60th Street South Kiaai, Florida (h public facility, specifically South Miami Middle School)! �iN�iLYSI3: The subject property is located in a Public /Institutional (PI) Zoninq District which pursuant to Section 20- 4.4(0)(3) of the Land Development Code should conf orm to the adjacent most restrictive use dimensional requirements, which is Low Density Residential (RS -3) in this case. The lot is about 3.265. Aare, 1421.214 square feet. The existing structure is about 48,`500 square feet (gsoond floor) and 23,000 egoare' feet (second flocs). ! Mdutinq imQervtons ar" is about 103,500 square PCe- UR ly eb=t 43 paftJ g space& exist on tha site. 'i'ft- l' I F F Ind addtti cm is about 5,080 _ fast ( q=omd floor) and 5, 050 sgpa= fat (se and floor) . Fair TOZ 0 �s arm, ragoirad is ordss to comply with tbt 8aath Nt�at Z=tmg re Ar �. Sblf.- doe not 3 anumah. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REOUESTS FOR A VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO ALLOW A FRONT SETBACK OF TWELVE (12') FEET WHERE TWENTY FIVE (25) FEET IS PERMITTED IN SINGLE FAMILY RESIDENTIAL (RS -4) DISTRICT BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6091 S.W. 63rd STREET, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Habitat for Humanity requested the Planning Board of the City of South Miami: a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of twelve (12) feet where twenty five (25) feet is permitted in single family residential (RS-4) district, said request for the property known as 6091 S.W. 63rd Street, south Miami, Florida 33143, which property is legally described as follows: Lot 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dads County, Florida, less the South 17.5 feet thereof. WHEREAS, on July 30, 1991, a variance for a fifteen (15) feet front set back was granted by Resolution 94 -91- -9153; and WHEREAS, on June 9, 1992, the Planning Board voted to approve the request by a 7 - 0 vote; and WHEREAS, the City Commission Staff Report recommended approval of the request; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Habitat for Humanity for a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of twelve (12) feet where twenty five (25) feet is permitted in single family residential (RS -4) district, said request for the property known as 6091 S.W. 63rd Street, South Miami, Florida 33193, be, and the same hereby is approved. PASSED AND ADOPTED this ____th day of July, 1992. APPROVED: MAYOR ATTEST: r TY CLERK -- - READ AND APPROVED AS TO FORM: CITY ATTORNEY 4 2 Area map indicating subject properties and mailing area • �' s Jn V 1, 3►v bo" S r i r « �+ 5 u C l t/ isn S , Y R .S •� I r� `i 5+✓ �.yJn Xr � � it lei. i L. .•�. I v,clu� r G. n,n M _ IA —� I ` 1 . G ... i+ t. ,•I.z ili >/ IJ°' /O r! o i wi _ _ 1 xs ev J _ _ jf54 epo r4— ( ' GA:7p�:�c ,��,�..._ t._'7 _ u �� s° 'its' r, '' • � A _ •t i , Sr -.� t �� j' b G l #VrAf ( °q/ S w v 3 S 410o ssw to z r at, (.0 ya S w ?' sEr BAS Vii ?-1AN Ce— s C1TY oc SOUTH MIAM1f PLLMWING v)hnN WV PB -92 -014 Habitat 6091 SW 63 Street Page 8 of 8 Staff Report for PB -92 -014 P$- 9 2 — 0 1 4 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Note: A variance for a fifteen (15) foot front setback was granted on July 30, 1991. Legal: Lot 84, less the South 17.5 feet thereof, Block 16 of FRANKLIN SUBDIVISION, according to the Plat thereof as recorded in Plat Book 5 at Page 34 of the Public Records Of Dade County, Florida. Address: 6091 SW 63rd Street South Miami, Florida 33143 (A residential property) S TA F F. REPORT The roadway dedications on Franklin and Pines subdivisions in the City of South Miami, do not conform with Section 20-3-6 (F the Land" Development Code, which in Subsection e ) of minimum dedication of fifty )..requires. a y (50) feet for the p ublc right -of -way. The variance applications for the Habitat projects the Franklin and Pines subdivisions should be accepted for approval, pending a Land Development Code amendment. located in P PB-92 -014 Habitat 6091 SW 63 Street Page 2 of 8 M = N U rr E S Planning Board Tuesday, June 9, 1992 Sylva G. Martin Building 7:30 PM IV. Public Hearing: Mr. Eisenhart moved to consider PB -92- 014, PB -92 -015 & PB- 92 -016 as one application. Seconded by Ms. Thorner. Vote: Approved: 7 Opposed: 0 Mr. Gutierrez read the application. Mr. Dirk Holkeboer, Executive Director for Habitat for Humanity of Greater Miami, Inc., signed in representing the applicant. Mr. Holkeboer explained that the applicant is applying for variances on the three properties because the porches on the houses were erected into the property setbacks Item A's porch encroaches into the setback by 3', Item B encroaches by 6' and Item C encroaches by 21. These lots are in an area of mostly 50' lots and because of significant sidewalk and street changes by Dade County, the lots are not symmetrical, so the footings were measured incorrectly. The _porches improved the look of the houses. Many of the neighboring homes have porches and are set closer to the street than these Habitat houses. The first two houses are completed and the third is in the drywall stage. The Chair deemed the Public Hearing opened and asked for those present wishing to speak for or against the request. There being none, the Public Hearing was closed and the Board deemed to be in Executive Session. Mr. Mackey read the Staff Report which recommends that the requests be approved-, pending a Land Development Code Amendment (referring to the required roadway improvements as executed by H.U.D. and not directly relating to these variances but the previous requests). The Chair called for Discussion by the Board. Mr. Gutierrez stated that the porches were requested by the City of South Miami. The basic Habitat house design does not include a porch. Chairman Ligammare asked if the City was in error in this matter. The answer is that the City is in error, for the record. There being no further discussion, The Chair declared the Executive Session closed and asked for a motion. Mr. Parr moved to approve PB -92 -014, PB -92 -015 and PB -92 -016, pending a Land Development Code Amendment. Seconded by Mr. Lef ley . [Note: Once again this "amendment" refers back to the variances involving the roadway and right -of -way improvements by H.U.D. and has no direct bearing on these presently requested variances.] Vote: Approved: 7 Opposed: 0 0 A. PB-- 9 2 - 0 1 4 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Note: A variance for a- fifteen (15) foot front setback was granted on July 30, 1991. Address: 6091 SW 63rd Street, South Miami, Florida 33143 (A residential property) B. PB -92 -01.5 Applicant: I Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of nineteen (19) feet where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Address: 6100 SW 62nd Terrace, South Miami, Florida 33143 (A residential property) C. PE3_92 -016 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet where twenty -five (25) feet is required and a side setback of thirteen (13) feet where fifteen (15) feet is required in the RS -4 Small Lot Single - Family Residential District. Note: A variance for a fifteen (15) foot front setback was granted on July 30, 1991. Location: 6040 S.W. 62nd Terrace, South Miami, Florida 33143 (A residential property) �•nr Letter of Intent and Hardship Statement by Applicant HABITAT FOR HUMANITY OF GREATER MIAMI, INC. building houses in partnership with God's people in need May 7, 1992 City of South Miami 76130 Sunset Drive South Miami, Florida 33144 Attention: Sonia Lama, Director Building and Zoning Department Re: variance Application for 6091 S.W. 63 Street Letter of Intent /Hardship Dear Ms. Lama: Habitat for Humanity of Greater Miami, Inc. is the owner Of the above referenced lot which has the fol- lowing legal description: 'Lot 84, Block 16, of Franklin Subdivision. Miami Habitat has recently completed construction of three - bedroom house on the property. In order to be able to build on the lot, a front yard setback variance was sought and granted allowing for a fifteen foot setback. Prior to issuirng the certificate of occupancy, the uilding Department discovered that the unenclosed front Po ``h Zoning encroaches 2.8 feet into the 15 foot front porch Prior on -site building inspections had not revealed this error. Miami Habitat respectfully requests a variance of 2.8 feet to accommodate the unenclosed front porch. Granting this variance will not negatively impact the neighborhood since many of the homes are much closer to the sidewalk than this home. From the back edge of the sidewalk to the front of the porch slab is 14" 6 the porch are 4 "2" (depth) x 16" 9,. The dimensions of (width). As You know, Miami Habitat is a not- for - profit builder income working with low and very low inc Problem b removing people. Correcting this Y a portion of the porch would impose a financial hardship on the organization and, to a greater- degradation of the neighborhood Ithanlra lead the variance. I would be ha C granting You may have or try supply happy to answer any questions which neighboring homes, pply photographs of the home or matter. Thank you for your consideration of this Sincerely, Dirk J, Holkeboer~ ~` Executive Director Habitat For Humanity of Greater Miami, Inc. / P.O. Box 560994 / Miami, FL 33256.0994 / 305 F -. , PB -92 -014 Habitat 6091 SW 63 Street Page 4 of 8 I -E( F:?U Asphalt WE HEREBY CERTIFY that to the best of our khawled Centerline ^' Chilly i')lc 5pp tochnieal standard• Bret the h Ini►r+um Flo by the GIIPAMU A IMO :� � F ?Icvaliculti Zl 6N -v P. A. C, Iran I'ipc Concroc (cc�nc.) P E. r 1477 n L 2Y4 or Chain ,c rMfS PLAN 13 NOT VAUD Page 1: Copy of current survey showing existing setbacks 1 3 �o UNIVERSITY GARDENS 003 -47) N TES: Examination of the Abstract of Title will )NIVe to he made to determine the affecting this property. recorded instruments, if any, Elevations arc based upon N(;VD 1929. SET PIF'F denotes Set %4" Iron P'PC ,- Cap stumped "C &A, Inc. F•1678', 4NILE & ASSOCIATES, INC. IGINEERS PLANNERS SURVEYORS EAST EVERGREEN STREET SUITE 101 Ml,kMI, FLORIDA 33157 PHONE: (305) 251-1711 (DA DE) (305) 765 -1955 (BROWARD) MI'll PH -92 -014 4..... , Habitat 6091 SW 63 Street Page 5 of 8 W T , 5 i lZ, Pgr,o r,ES WE HEREBY CERTIFY that to the best of our khawled W o,v i Mmum IOe r and belief the ,M oche, SKETCH OF r` 5pp tochnieal standard• Bret the h Ini►r+um Flo by the GIIPAMU A IMO pursuant Bto Sectlon 472- Survey* n Sta ►uteeli3�.1 tnr 2.027, rlorida _�`•! /�.+ '((�yA.li�t , __ Zl 6N -v P. A. C, -3 Y LOUIS 71 c 'AN l.E - ' PftE S,t7EN: P E. r 1477 n L 2Y4 or STATR rtwno� rMfS PLAN 13 NOT VAUD UNLESS SEALED WITW AN IYPRE331ON SEAL Habitat 6091 SW 63 Street Page 5 of 8 A Page 2: Copy of current survey shoWing existing setbacks ZZ A Old aV N 9b (0 7 W �.pz QFr aivp Aj � p� 74 r� ,a N h X09/ S X37- DESIGNED BY CHECKED BY d W - DRAWN gy - - -- SKETCH 311F1111111%`W R V E T OF _ DATEyz i zGJECT No� Lot 84; less the South 17.5 feet thcr z z- 7- cof, Block 16 H "V SCALE according to the Plat thereof, FRANKLIN y � Book 5, at Pa c 34 , as rccordcd in Plat o _ 0p 8 of the PUNIc Rccords of Dade Count Florida. i IEI,p 38�OOK REP�RENCE - rt K3 PA PB -92 -014 F Habitat 6091 SW 63 Street Page 6 of 8 R RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO ALLOW A FRONT SETBACK OF NINETEEN (19) FEET WHERE TWENTY FIVE (25) FEET IS PERMITTED IN SINGLE FAMILY RESIDENTIAL (99 -4) DISTRICT' BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY `KNOWN "'AS 6100 S.W. 62nd TERRACE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY D29CRIBED HEREI`NBELOW WHEREAS, Habitat for Humanity requested the Planning Board of the City of South Miami: a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of nineteen {19) feet where twenty five (25) feet is permitted in single family residential (RS --4) district, said request for the property known as 6100 S.W. 62nd Terrace, South Miami, Florida 33143, which property is legally described as follows: Lot 95 in Black 16 of FRANKLIN SUBDIVISION, and Lots 13 and 14' in Block 3 of PINES SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, less the North 17.5 feet thereof. WHEREAS, on June 9, 1992, the Planning Board voted to approve the request by a 7 - 0 vote; and WHEREAS, the City Commission Staff Report recommended approval of the request; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Habitat for Humanity for a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of e nineteen (19) feet where twenty five (25) feet is permitted in single family residential (RS -4) district, said request for the property known as 6100 S.W. 62nd Terrace, South Miami, Florida 33143, be, and the same hereby is approved. PASSED AND ADOPTED this th day, of July, 1992. ATTEST: CITY CLERK -.--__ READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2 S r Q ,s sti i Y T r� T- Area map indicating subject properties and mailing area _ rAr ... � rOX Sw &3 ST- i100 sw (v0$/,6 s w 2 Tom, SET" $ate vA RIAN CE V CITY oc SOUTH WAMI ft PLAN NjNG SOAR D 7 PH -92 -015 >�1,,� 40 !1 i�49 So . JYV IJ S.• •• ' /� • 9 �A^�o,• sNsth L' eacrnc V Habitat 6100 SW 62 Terrace Page 8 of 8 R Staff Report for PB -92 -015 P8 -9 2 --0.15 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of nineteen (19) feet where twenty five (25) feet is _required in the RS -4 Small Lot Single- Family Residential District. Legal: Lots 13 & 14, less the North.7.5 feet thereof, Block 3, PINES SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida. s Lot 95, less the North 17.5 feet thereof, Block 16, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 a Page 34 of the Public Records of Dade County, Florida. Address: 6100 SW 62nd Terrace South Miami, Florida 33143 (A residential property) STAFF .REPORT The roadway dedications on Franklin and Pines subdivisions in the City of South Miami, do not conform with Section 20 -3.6 (F) of the Land Development Code, which in Subsection (e) requires a minimum dedication of fifty (50) feet for the public right -of -way. The variance applications for the Habitat projects located in the Franklin and Pines subdivisions should be accepted for approval, pending a Land Development Code amendment. 7 PB -92 -015 _ M = N U T E S Planning Board Tuesday, June 9, 1992 Sylva G. Martin Building 7:30 PM IV. Public Hearing: Mr. Eisenhart moved to consider PB -92 -014, PB -92 -015 & PB- 92 -016 as one application. Seconded by Ms. Thorner. Vote: Approved: 7 Opposed: 0 Mr. Gutierrez read the application. Mr. Dirk Holkeboer, Executive Director for Habitat for Humanity of Greater Miami, Inc., signed in representing > the applicant. Mr. Holkeboer explained that the applicant is applying for variances on the three properties because the porches on the houses were erected into the property setbacks Item A's porch encroaches into the setback by 31, Item B encroaches; by 6' and Item C encroaches by 2' These lots are in an area of mostly 50' dots and because of significant sidewalk and street changes by Dade County, the lots are not symmetrical, so the footings were measured incorrectly. The porches improved the look of the houses. Many of the neighboring homes have porches and are set closer to the street than these Habitat houses. The first two houses are completed and the third is in the drywall stage. The Chair deemed the Public_ Hearing opened and asked for those present wishing to speak for or against the request. There being none, the Public Hearing: was closed and the Board deemed to be in Executive Session. Mr. Mackey read the Staff Report which recommends that the requests be approved, pending a Land Development Code Amendment (referring to the required roadway improvements as executed by H.U.D. and not directly relating to these variances but the previous requests). The Chair called for Discussion by the Board. Mr. Gutierrez stated that the porches were requested by the City of South Miami. The basic Habitat house design does not include a porch. Chairman Ligammare asked if the City was in error in this matter. The answer is that the City is in error, for the record. There being no further discussion, The Chair declared the Executive Session closed and asked for a motion. Mr. Parr moved to approve PB -92 -014, PB -92 -015 and PB -92 -016, pending a Land Development Code Amendment. Seconded by Mr. Lefley. (Note Once again this "amendment" refers back to the variances involving the roadway and right -of -way improvements by H.U.D. and has no direct bearing on these presently requested variances.] Vote: Approved: 7 Opposed: 0 A. P B— 9 2-0 1 4 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet where twenty five (25) feet is required in the RS -4 Small Lot Single - Family Residential District. Note: A variance for a fifteen (15) foot front setback was granted on July 30, 1991. Address: 6091 SW 63rd Street, South Miami, Florida 33143 (A residential property) B. PB -92 -01.5 Applicant: Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of nineteen (19,) feet where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Habitat for Humanity - Address: 6100 SW 62nd Terrace, South Miami, Florida 33143 (A residential property) C. P B— 9 2 — 0 1 6 Applicant: Habitat for humanity, Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet where twenty five (25) feet is required and a side setback of thirteen (13) feet where fifteen (15) feet is required in the RS -4 Small Lot Single - Family Residential District. Note: A variance for a fifteen (15) foot front setback was granted on July 30, 1991. Location: 6040 S.W. 62nd Terrace, ,South Miami, Florida 33143 (A residential property) goo aaauved �/a Letter of Intent and Hardship Statement by Applicant HABITAT FOR HUMANITY Of GREATER MIAMI, INC. building houses in partnership with God's people in need May, 7, 1092 City of South Miami 76130 Sunset Drive South Miami, Florida 33144 Attention: Sonia Lama, Director , Building and Zoning Department Re: Variance Application for 6100 S.W. 62 Terrace Letter of Intent /Hardship Dear Ms. Lama: Habitat for Humanity of Greater Miami, Inc. is the owner of the above referenced lot which has the following legal description: Lot 95, Block 16, of Franklin Subdivision and Lots 13 and 14 in Block 3 of Pines Subdivision. Miami Habitat has recently completed construction of a three - bedroom house on the property. Prior to issuing the certificate of occupancy, the Building and Zoning Department discovered that the unenclosed front prnrch encroaches 5.05 feet into the 25 foot front yard set -back. Prior building site inspections had not revealed this error. Miami Habitat respectfully requests a variance of 5.05 feet to accommodate the unenclosed front porch. Granting this variance will not negatively impact the neighborhood since many of the homes are much closer to the sidewalk than this home. From the back edge of the sidewalk to the front of the porch slab is 22' 4 ". The dimensions of the porch are 4 "6" (depth) x 7' 4" (width). As you know, Miami Habitat is a not - for - profit builder working with low and very low income people. Correcting this Problem by removing a portion of the porch would impose a financial hardship on the organization and, "I believe, lead to a greater degradation of the neighborhood than granting the variance. I would be happy to answer any questions which you may have. or to supply photographs of the home or neighboring homes. Thank you for your consideration of this matter. 5inverel(y, Dirk J Holkeboer Executive Director Habitat For Humanity of Greater Miami, Inc, / P,O. Box 560994 / Miami, FL 33256 -0994 / (305)-667-4-1-0& PB -92 -015 Habitat 6100 SW 62 Terrace Page 4 of 8 Page is copy of current survey showing existing setbacks AF 47379 ^� �l if � � r • - r. -+-'. . - - c5c -7771 J ��• Sg.�p g �° �y'� 083' ,• yt3 1 ��GT� �rj,L I '`��5 • � ^2 Guc�,� 42, I I p '� J� v p o CcFA 2/, s ' 39 4 I Co ✓f%`I�[7 ©L n_ t c>.�E a FR14P Ind l N 86, a 9 5 V01 •o M — - - -- I i 3'CcF ' ICCA 54 730 = '.ao'`/ p,09E. (iL!?c Z'1 3 G c. F �F- dl�•vp :,/s1 ".T. r? l` � . .�� ,.., -�c o. CiG bESfCNEO BY CHECKED BY SKETCH O F SURVEY \ DRAWN 8Y CHECKED' 8Y . N Z DATE PROJECT NO. ' �(� z e--7-412 Z,,o6Z, a i ` z,Wo SCALE V ce N G FlEq BOOK REFERENCE BOOK 2 �I 2.3 t �� U� Tl r Ge,/! 7 PB -92 -015 Habitat 6100 SW 62 Terrace; Page 5 _of 8 (�, ,ti0 � 2'14 � '- -" ,. ,�' � ��¢';t�rr.Mj�rt$•nr ION.QI� 1 ' o yt, 0 oar'w �' 1 � ��",'y,k • E,p,-�q if � � r • - r. -+-'. . - - c5c -7771 J ��• Sg.�p g �° �y'� 083' ,• yt3 1 ��GT� �rj,L I '`��5 • � ^2 Guc�,� 42, I I p '� J� v p o CcFA 2/, s ' 39 4 I Co ✓f%`I�[7 ©L n_ t c>.�E a FR14P Ind l N 86, a 9 5 V01 •o M — - - -- I i 3'CcF ' ICCA 54 730 = '.ao'`/ p,09E. (iL!?c Z'1 3 G c. F �F- dl�•vp :,/s1 ".T. r? l` � . .�� ,.., -�c o. CiG bESfCNEO BY CHECKED BY SKETCH O F SURVEY \ DRAWN 8Y CHECKED' 8Y . N Z DATE PROJECT NO. ' �(� z e--7-412 Z,,o6Z, a i ` z,Wo SCALE V ce N G FlEq BOOK REFERENCE BOOK 2 �I 2.3 t �� U� Tl r Ge,/! 7 PB -92 -015 Habitat 6100 SW 62 Terrace; Page 5 _of 8 Page 2: copy of current survey showing existing setbacks _ I l �+ LEGEND I_►1!7 Lot 95, less the North 17.5 feet thereof, Block 16, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Dade County, Florida. Examination of the Abstract of Title will have to be made to determine the recorded instruments, if any, affecting this property. l� Elevations are based upon NGVD 1929. SET PIPE denotes Set 'h" iron Pipe & Cap stamped "C &A, Inc. F- 1678 ,qZ pAT c s 'Al, WE HEREBY CERTIFY that to the best of N0 an 's�O1 n iae our knowledge and belief the attached C.1Mi'AIiIIF ASSOGA �HC. SKETCH OF SURVEY meets the minimum technical standards set forth by the PANILE & ASSOCIATES, INC. Florida Board of Land Surveyors ursuant to Section 472.027, Florida ENGINEERS PLANNERS SURVEYORS g QY: LOU' n CAKAPANILF tatutes� 2rc, `Ht 1. tee GI N µ -(� ft 4,G . PRESIDENT 331 EAST EVERGREEN STREET SUITE 1 O 1 P.E. #1017 Z PLS. #1,'14 MIAMI, FLORIDA 33 -157 stArE rLOMDA PHONE: (305) 251-1711 (DADE) THIS Pw+ Is NOT VAUD (305) 765-1955 (BROWARD) u "`EMPRES"SION WITH AN j i PB -92 -015 Habitat 6100 SW 62 Terrace Page 6 of 8 5 Asphalt UNkVERSITY Centerline p r 3. s I - GARDENS utility Pole (103 -47) �- Overhead Wires , 5W.' 4.{ . Q' c" Elevations !rclev,i s.� �— Iron Pipe 4 ' Concrete (cone.) Right-of-Way Chain Link Fence G� .�•� Water Meter Sanitary Manhole c c t cl n i S Ftoo�• �ln/, LEGAL DESCRIPTION Lots 13 & 14, less the North 7.5 feet thereof, Block 3, PINES, according to the Plat thereof, as recorded in Plat Book 13, at Page 2, of the Public Records of Dade County, Florida. I_►1!7 Lot 95, less the North 17.5 feet thereof, Block 16, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Dade County, Florida. Examination of the Abstract of Title will have to be made to determine the recorded instruments, if any, affecting this property. l� Elevations are based upon NGVD 1929. SET PIPE denotes Set 'h" iron Pipe & Cap stamped "C &A, Inc. F- 1678 ,qZ pAT c s 'Al, WE HEREBY CERTIFY that to the best of N0 an 's�O1 n iae our knowledge and belief the attached C.1Mi'AIiIIF ASSOGA �HC. SKETCH OF SURVEY meets the minimum technical standards set forth by the PANILE & ASSOCIATES, INC. Florida Board of Land Surveyors ursuant to Section 472.027, Florida ENGINEERS PLANNERS SURVEYORS g QY: LOU' n CAKAPANILF tatutes� 2rc, `Ht 1. tee GI N µ -(� ft 4,G . PRESIDENT 331 EAST EVERGREEN STREET SUITE 1 O 1 P.E. #1017 Z PLS. #1,'14 MIAMI, FLORIDA 33 -157 stArE rLOMDA PHONE: (305) 251-1711 (DADE) THIS Pw+ Is NOT VAUD (305) 765-1955 (BROWARD) u "`EMPRES"SION WITH AN j i PB -92 -015 Habitat 6100 SW 62 Terrace Page 6 of 8 5 Planning Board Advertisement for PB -92 -015 City of Smth Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, June 9, 1992, at 7:30 P.M. in the Sylva G. Martin Building, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. PB -92 -015 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of nineteen (19) feet where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Legal: Lots 13 & 14, less the North 7.5 feet thereof, Block 3, PINES SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 13 at Page 2 of the Public Records of 'Dade County, Florida. AND Lot 95, less the North 17.5 feet thereof, Block 16, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida. Address: 6100 S.W. 62nd Terrace South Miami, Florida 33143 (A residential property) YOU ARE HEREBY ADVISCO THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIOCRED AT THIS MEFTING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE RROCCEDINGS, AND FOR S1ICM PURPOSE MAY NEED TO ENSURE THAT A VER14ATIM RECORD OF THE PRO. CEEOINGS'IS MADE, WHICH RECORD IHCLti0FS THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 18 TO BE BASED. (F. S. .286. 01.03) PUBLIC HEARING WILL BE HCLO IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET ORIVE, SOUTH MIAMI. FLORIOA, AT THE TIME AND DATE STATED ABOVE,.. ALL iNYcREBTEO PARTIES ARE 'URGED TO ATTEND, OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RCSC.RVES THE RIGHT TORECOMMCNO TO THE CITY COMMISSION WHATEVER THE BOARD CONSIOERS IN THE SCST INTEREST FOR TiC AREA INVOLVED, THE BOARDS RECOM MENOATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION AT A FUTURE DATE. INTCRCSTEO PARTIES REOUESTING INFORMATION ARE ASKCO TO CONTACT. THE OFFICE OF THE ZONING. DIRECTOR By CALLING 661 -6691 OR BY WRITING, REFER. - TO HEARING NUMBER WHEN MAKING INQUIRY, P8- 8100 -T BZ REV, 12 -9-61 7 PB -92 -015 PLANNING BOARD THIS 15 A COURTESY NOTICE Habitat 6100 SW 62 Terrace Page 7 of 8 RESOLUTION NO. A RESOLUTION- OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A VARIANCE FROM SEC. 20 -3.5 E OF-THE LAND DEVELOPMENT CODE TO ALLOW A FRONT SETBACK OF TWELVE (12) FEET WHERE TWENTY FIVE (25) FEET 18 PERMITTED AND A SIDE SETBACK OF THIRTEEN (13) FEET WHERE FIFTEEN (15) FEET IS PERMITTED, IN SINGLE FAMILY RESIDENTIAL (RS-4) DIS'T'RICT BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH' MIAMI, FLORIDA FOR THE PROPERTY :KNOWN AS 6040 S.W. 62ND TERRACE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HERRINBELOW WHEREAS, Habitat for Humanity requested the Planning Board of the City of South Miami as follows: (1) a variance from Sec. 20-3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of twelve (12) feet where twenty five (25) feet is permitted in single family residential (RS -4) district; and (2) a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a rear setback of thirteen (13) feet where fifteen (15) feet is permitted in single family residential (RS-4) district, both requests for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida 33143, which property is legally described as follows: Lot 92 in Block 15 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, less the North 17.5 feet thereof. WHEREAS, on July 30, 1991, a variance for a fifteen (15) feet front set back was granted by Resolution 94 -91- 9153; and WHEREAS, on June 9, 1992, the Planning Board voted to approve both requests by a 7 - 0 vote; and WHEREAS, the City Commission Staff Report recommended approval of both requests; S NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: gection 1. That the request of Habitat for Humanity for a variance from Sec. 20 -3.5 H of the Land Development code of the City of South Miami., Florida to allow a front setback of twelve (12) feet where twenty five (25) feet is permitted in single family residential (RS-0 district, said request for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida 33143, be, and the same hereby is approved. Section 2. That the request of Habitat for Humanity for a variance from sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a side setback of thirteen (13) feet where fifteen (15) feet is permitted =in single family residential (RS -4) district, said request for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of July, 1992. ATTEST CITY 'CLERK RHAD AND APPROVED AS TO FORM: CITY ATTORNEY 8 APPROVED: MAYOR -- 2 • -------------- Area map indicating subject properties and mailing area AJM td i ry (OOq1 'S .4/00 Sw (POV-0 S N Z Tyr St-rBA4 VAp,..IANCeis CITY MUTW MIAMI P. PUNNING 50hRD J7�7 I J,J Sk 01 a it, Staff Report for PB -92 -016 P B— 9 2— O 1 G Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet where twenty five (25) feet is required and a side setback of thirteen (13) feet where fifteen (15) feet is required in the RS-4 Small Lot Single- Family Residential District. Note: A variance for a fifteen ( 15) foot front setback was granted on July 30, 1991. Legal: Lot 92 less the North 17.5 feet thereof, Block 15, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida. Location: 6040 S.W. 62 Terrace - South Miami, Florida 33143 (A residential property) STAFF REPORT The roadway dedications on Franklin and Pines subdivisions in the City of South Miami, do not conform with Section 20-3.6 (F) of the Land Development Code, which in Subsection (e) requires a minimum dedication of fifty (50) feet for the public right -of -way. The variance applications for the Habitat projects located in the Franklin and Pines subdivisions should be accepted for approval, pending a Land Development Code amendment. 9 PB- 92 -016 Habitat 6040 SW 62 Terrace Paqe 2 of 8 M = N U T- E S _. Planning Board Tuesday, June 9, 1992' Sylva G. Martin Building 7:30 PM IV. Public Hearing: Mr. Eisenhart moved to consider PB -92 -014, PB -92 -015 & PB- 92 -016 as one application. Seconded by Ms. Thorner. Vote: Approved: 7 Opposed: 0 Mr. Gutierrez read the application. Mr. Dirk Holkeboer, Executive Director for Habitat for Humanity of Greater Miami, Inc., signed in representing the applicant. Mr. Holkeboer explained that the applicant is applying for variances on the three properties because the porches on the houses were erected into the property setbacks Item A's porch encroaches into the setback by 31, Item B encroaches by 6' and Item C encroaches by 21. These rots are in an area of mostly 50' lots and because of significant sidewalk and street changes by Dade County, the lots are not symmetrical, so the footings were measured incorrectly. The porches improved the look of the houses. Many of the neighboring homes have porches and are set closer to the street than these Habitat houses. The first two houses are completed and the third is in the drywall stage. The Chair deemed the Public Hearing opened and asked for those present wishing to speak for or against the request. There being none, the 'Public Hearing was closed and the Board deemed to be in Executive Session. Mr. Mackey read the Staff Report which recommends that the requests be approved-, pending a Land Development Code Amendment (referring to the required roadway improvements as executed by H.U.D. and not directly relating to these variances but the previous requests). The Chair called for Discussion by the Board. Mr. Gutierrez stated that the porches were requested by the City of South _Miami. The basic Habitat house design does not include a porch. Chairman Ligammare asked if the City was in error in this matter. The answer is that the City is in error, for the record. There being no further discussion, The Chair declared the Executive Session closed and asked for a motion. Mr. Parr moved to approve PB -92- 014, PB -92 -015 and PB -92- 016, pending a Land Development Code Amendment. Seconded by Mr. Lef ley . [Note: Once again this "amendment" refers back to the variances involving the roadway and right -of -way improvements by H.U.D. and has no direct bearing on these presently requested variances.] Vote: Approved: 7 opposed: 0 i A. P B— 9 2 — 0 1 4 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet Where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Note: A variance for a fifteen (15) foot front setback was granted on July 30, 1991. Address: 6091 SW 63rd Street, South Miami, Florida 33143 (A residential property) B. PB -92 -015 C. Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of nineteen (19) feet where twenty five (25) feet is required in the RS -4 Small Lot Single- Family Residential District. Address: 6100 SW 62nd Terrace, South Miami, Florida 33143 (A residential property) P E3— 9 2 — 0 1 6 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of twelve (12) feet where twenty five ( "25) feet is required and a side setback of thirteen (13) feet where fifteen (15) feet is required in the RS -4 Small Lot Single- Family Residential District. Note: A variance for a fifteen (15) foot front setback was granted on July 30, 1991. Location: 6040 S.W. 62nd _Terrace, South Miami, Florida 33143 (A residential property) �Qn�trecl � �a Letter of Intent and Hardship Statement by Applicant ,- HABITAT FOR HUMANITY OF GREATER MIAMI, INC. building houses in partnership with God's peopie in neea May 18. 1992 City of South Miami 76130 Sunset Drive South Miami, Florida 33144 Attention: Sonia Lama, Director Building and Zoning Department Re: Variance Application for 6040 S.W. 62 Terrace Letter of Intent /Hardship Dear Ms. Lama: Habitat for Humanity of Greater Miami, Inc, is the owner of the above referenced lot which has the following legal description: Lot. 92, Block l5, of Franklin Subdivision Miami Habitat has recently completed construction of a three- bedrr)om house an the prc'per *.y. Prior *c issuing the certifi.ata of :ccuFancy, the Buiiaing and Zoning Department discovered that the unenclosera front porch encroaches 13 feet into the 25 foot front yard set -back. Prior building site inspections had not revealed this error. Miami Habitat respectfully requests a variance of feet to accommodate the unenclosed front porch. and portion of the house. Granting this variance will not negatively impact the neighborhood since many of the homes are much closer to the sidewalk than this home. The si.de setback is 13.74 feet. As You know, Miami Habitat is a net- for- profir builder working with low and very low income people. Correcting, this Problem by removing a-portion of the porch would impose a financial hardship on the organization and, I believe, lead to a greater degradation of the neighborhood than granting the variance. I would be happy to answer any questions which you may have or to supply Photographs of the home or neighboring homes. Thane you for your consideration of this matter. S erely, Dirk J Holkeboer Executive Director Habitat For Humanity of Greater Miami, Inc. / P.O. Box 560994 / Miami, FL 33256.0994 8 PB -92 -016 Habitat 6040 =SW 62 Terrace Page 4 of 8 PG 0 r E 0 /w L_ SW Tf o� Page 1: Copy of current survey showing existing setbacks Ie ! z:3 TV:- c 6 Dc oct 15 I V G 4� Q J ,2 3 N 0.06 IQ/'C O a A'Al O.Oli �E. V (o 040 C-") Cod- T . DESIGNED BY CHECKED BY cJ Uj DRAWN BY r CHECKED BY SkET of Stiff \: z Lot 92 less the North 17.50 feet thereof, Block DATE PROJECT NO. ('Q z 5- i8_- qZ 2Gs2.c»Z 15, FRANKLIN SUBDIVISION, according to " SCALE the Plat thereof, as recorded in Plat Book 5, Page N o _ �_= 20 34, of the Public Records of Dade County, FIE gOOK <REFERENCE 32 S5 -leo Florida. ]BOOK _ 23. PA z - 3eP FOR: ' HABITAT FOR HUMANITY PB -92 -016 Habitat 6040 SW 62 Terrace Paqe 5 of 8' Page 2s copy of current survey showing existing setbacks LEGEN (Asphalt t Centerline r~ Concrete Right -of -Way ok. Overhead Wires Finish Floor Elevation Chain Link Fence Elevation wµ Water Meter Uop Utility Pole 0 M�7p Examination of the Abstract of Title will have to he made to determine the recorded instruments, if any, affecting this property. Elevations are based upon N.G.V.D. 1929. Bearings and North arrow are referenced to the centerline of S.W. 62nd Terrace, assumed bearing = N 875432" E. FOUND N &D denotes found nail and disk stamped "RLS #4187 ". WE HEREBY CERTIFY that to the best of No our knowledge and belief the attached SKETCH OF SURVEY meets the minimum PANtLE &ASSOCIATES, INC. technical standards set forth by the Florida Board of land Surveyor' ENGINEERS PLANNERS SURVEYORS ppursuant to Station 472.027, Florida 5totutesf ar4 C-6"r 'ZI 414 V, 1 31 EAST EVERGREEN STREET SUITE 101 f�ior;dJ& mrn� - ct ;.�GodQ, MIAMI. FLORIDA 33157' PHONE: (305) 251 -1711 (DADE) (305) - %o5-f9'SS (BROWARD) WX I sN i CAW NIC310LAS CAM MAN PRESIDEKr r.LS i AGN STATE Of rLORIDA THSPLAN 13 NOT VAUD UNLM SEALIM WTTN AN UpItI PON 'SEAL PS -92 -016 Habitat 6040 SW 62 Terrace Page 6 of 8 Planning Board Advertisement for PB -92 -016 City of Soum Miami PLANNING SOAR0 NOTICE OF PUBLIC HEARING On Tuesday, June 9, 1992, at 7 :30 P.M. in the Sylva G. Martin Building, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. PS -92 -016 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow 'a front setback of twelve (12) feet where twenty five (2,5) feet is required and a side setback of thirteen (13) feet where fifteen (15) feet is required in the RS -4 Small Lot Single - Family Residential District. Note: A variance for a fifteen (15) foot front setback was granted on July 30, 1991. Legal: Lot 92 less the _North 17.5 feet thereof, Block 15, FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida. Location: 6040 S.W, 62 Terrace South Miami, Florida 33143 (A residential property) YOU ARC MFRF,BV AOVISEO THAT IF ANY PF_R-ON OFSIRES TIT APPFAt ANY nF.Ct SION MADE WITH RESPECT TO ANY MATTER. CONSIDERHIT AT THIS Mt F.TI',C• (t HEAPtNC,, Sty 4 PFR%nN WILL NEED A RFCORO OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO EN1URE THAT A VERBATIM RECORD OF THC PRO - CCCOINGSI.SMAOE, WHICH. RECORD INCLUDES THE TESTIMONY AND CVIOCNCC UPON WHICH THE APPCAL IS TO Be BASCO. (F. S. 9". 0109) PUBLIC HCARING .WILL BC HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6170 SUN@CT ORIVC7 SOUTH MIAMI. FLORIDA, AT THC TIMC AND OATC STATED ABOVE.. ALL INTERESTED PARTIES ARE URGED TO ATTFNO. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IH PCRSON... AT THE HCARING OR FILED. IN WRITING PRIOR TO OR AT THE HEARING. THC BOARD RESERVES THE RIGHT TO RCCOMMENO TO TMC CITY COMMISSION WHATCVCR THE. BOARD CONSIOCRS IN THE @CST INTCRCST FOR TMC ARC^ INVOLVED. THE.. BOARDS RCCOMMENO.ATION ON THIS MATTER WILL BC HEARD BY THE CITY -0OMNUS@ION AT A FUTURC OATC. INTERCSTCO PARTIES REOUCSTING INFORMATION ARC AS.KCO TO CONTACT THE OFFICE. OF THE ZONING DIRECTOR BY CALLING 667 -6NI Oft BY WRITING.: REFER TO HEARING. NUMBER WHEN MAKING INQUIRY. PLANNING BOARD P48100-7 ex Rev. I: -9-u THIS IS A COURTESY NOTICE PB- 92 -016 Habitat '6040 SW 62 Terrace Page °7 "of 8 , A RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST PURSUANT TO SEC. 20 -3.4 (B)(4)(a) OF THE LAND DEVELOVMXNT CODE FOR A SPECIAL USE PERMIT TO ALLOW A "RESTAURANT, CONVENIENCE" USE BY BRANTANY HOLDING CORPORATION FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6222 SOUTH DIXIE HIGHWAY, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY mscni AED HEREINBELOW WHEREAS, Brantany Holding Corporation requested the Planning Board of the City of South Miami pursuant to Sec. 20-3.4 (13)(4)(a) of the Land Development Code of the City of South Miami, Florida for a Special Use Permit to allow a "Restaurant, Convenience" use for the property known as 6222 South Dixie Highway, South Miami, Florida 331.43, which property is legally described as followq: All of the SE 1/4 of the NE 1/4 of the NW 1/4 of Section 36, Township 54 South, Ranee 40 Fast, lying Southeasterly of Road no. 4 -A (a /k /a U.S. 11 and Tract 2 of ",mended Plat of Blocks 1 -2 & 3 of the Amended Plat, ut Palm Miami Heights ", according to the Plat thereof as recorded in Plat Book 38 at Page 52 of the Public Records of Dade County, Florida, less those portions of Tractn 1 and 2 conveyed to the City of South Miami by nffir.ial Rwc'orda Book 11919, Page 149; togPthar with: the dedication' of Southwest 89th Street, and Pinela'n:Drive 'between Tracts 1 and 2, and Southwest 9(3th Street, adjoining Tract 1, as shown on said Plat of "Amended Plat of Blacks 1 -2 3 of Amended Plat of Palm Miami, Heights" revoked by the City Council of the City of South Miami under Resolution no. 245, dated February 2, A.D. 1937. WHEREAS, the City Commission Staff Report recommended approval of the request; WHEREAS, on June 9, 19921F the Planniny Board voted to recommend approval of the request by a 5 - 0 vote; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section ,1.. That the iecluest of Brantany Holding Corporation pursuant to Sec. 20 -3.4 (B)(4)(a) of the Land Development Code of the City of South Miami, Florida for a Special Use Permit to allow a "Restaurant, Convenience" use for the property known as 6222 South Dixie Highway, South Miami, Florida 3:31.43, be, and the same hereby is, approved. PASSED AND ADOPTED this _ th day of August, 1992. APPROVED: MAYOR ATTEST: CrmY cDERx READ AND APPROVED AS TO PURM s CI TIC ATTORNEY ql It I j APPLICANT: FIZZA C-+trvr RUA OWNER: 3 It A IJTA N `%P RE-!:RE.NCE.. Comorss CO.'e"ENTS Scale.As .�Ly A gn-CIAL Use ?ERµ1T Date.. ......... CITY or SOUTH IAIAMI -- PLANNING bom Drn ...... Cn k ..... Hearing No,..... I PB-92-017 Pizza Chef: 6222 So Dixie Hwy Page 13 of 13 74 ql It I j APPLICANT: FIZZA C-+trvr RUA OWNER: 3 It A IJTA N `%P RE-!:RE.NCE.. Comorss CO.'e"ENTS Scale.As .�Ly A gn-CIAL Use ?ERµ1T Date.. ......... CITY or SOUTH IAIAMI -- PLANNING bom Drn ...... Cn k ..... Hearing No,..... I PB-92-017 Pizza Chef: 6222 So Dixie Hwy Page 13 of 13 A. P B— 9 2 - 0 1 7 Applicant: Brantany Holding- Corporation/Daniel J. Orosa Request: Special Use Permit to allow a "Restaurant, Convenience" use on property located at 6222 South Dixie Highway, per § 20 -3.4 (B)(4)(a) of the Land Development Code. LEGAL: ALL OF THE SB k OF THE NE h OF THE NW k OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING SOUTHEASTERLY OF ROAD No. 4 -A (AKA U.S. 11); AND, TRACT 1 AND THE NORTH 151.07 FEET OF THE EAST 305.00 FEET OF TRACT 2 OF "AMENDED PLAT OF BLOCKS 1 -2 & 3 OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS ", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOR 38 AT PAGE 52 OF THE PUBLIC RECORDS OF DADE COUNTY,; FLORIDA, LESS THOSE PORTIONS OF TRACTS 1 AND 2 CONVEYED TO THE CITY OF SOUTH MIAMI BY OFFICIAL RECORDS BOOK 11919, PAGE 149; TOGETHER WITH: THE DEDICATION OF SOUTHWEST 89:h STREET AND PINELAN DRIVE BETWEEN TRACTS 1 AND 2, AND SOUTHWEST 88th STREET, ADJOINING TRACT 1, AS SHOWN ON SAID PLAT OF "AMENDED PLAT OF, BLOCKS '1 -2 & 3 OF AMENDED PLAT OF PAIR MIAMI ' HEIGHTS" REVOKED BY THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI UNDER RESOLUTION No. 245, DATED FEBRUARY 2, A.D. 1937. Location: 6222 So Dixie Hwy, South Miami, Florida 33143 (A commercial property, specifically a shopping center) Ms. Thorner read the application 'followed by a Staff report from Mr. Mackey recommending its approval. There being no Staff by the Board, Chairman Gutierrez opened the PublicSHearing. Mr. Daniel Arosa, franchisee of the Pizza Chef application, signed in and explained his request. This establishment' is intended for take -out and delivery service only. Mr. Mort Milsitz, leasing agent for the shopping center at 6222 So Dixie Highway, signed in and stated that he is pleased to have this company as a tenant. There being no one else to speak for this applicant nor any one to speak against it, Mr. Gutierrez deemed the Public Hearing closed and the Board to be in Executive Session. Following a brief discussion, Mr. Ligammare moved to accept the application as presented. Ms. Wright seconded. Vote: Approved: 5 Opposed:0 6 Staff Report for PB -92 -017 P B— 9 2 — 0 1 7 Applicant : Brantany:Holding Corporation /Daniel J. Orosa Request: Special Use Permit to allow a "Restaurant, Convenience" use on property located at 6222 South Dixie Highway, per § 20 -3.4 (B)(4)(a) of the Land Development Code. LEGAL: ALL OF THE SE k OF THE NE h'' OF THE NW k OF SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST, LYING SOUTHEASTERLY OF ROAD No. 4 -A (AKA U.S #1); AND, TRACT 1 AND THE NORTH 151.07 FEET OF THE EAST 305:00 FEET OF TRACT 2 OF "AMENDED PLAT OF BLOCKS 1 -2 & 3 OF THE AMENDED PLAT OF PALM MIAMI HEIGHTS ", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 38 AT PAGE 52 OF THE PUBLIC RECORDS OF -DADE COUNTY, FLORIDA, LESS THOSE PORTIONS OF TRACTS 1 AND 2 CONVEYED TO THE CITY OF SOUTH MIAMI BY OFFICIAL RECORDS BOOK 11919, PAGE 149; TOGETHER WITH: THE DEDICATION' OF SOUTHWEST' 89`h STREET AND PINELAN'DRIVE BETWEEN TRACTS '1 AND 2, AND SOUTHWEST 88th STREET, ADJOINING TRACT 1, AS SHOWN ON SAID PLAT OF "AMENDED PLAT OF BLOCKS 1 -2 & 3 OF AMENDED PLAT OF PALM MIAMI HEIGHTS" REVOKED BY THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI UNDER RESOLUTION No. 245, DATED FEBRUARY 2, A.D. 1937. Location: 6222 So Dixie Hwy, South Miami, Florida 33143 (A commercial property, specifically a shopping center) ANALYSIS The applicant wishes to operate a pizza delivery service with the option for customers to pick -up orders on site. A Special Use permit is required (see conditions below). The site does not allow ingress or egress to a street or right -of -way bordering a residential zoning district. § 20-3-4 ( B ) ( 4 ) ( -A ) : RESTAURANTS, CONVENIENCE i. No vehicular ingress nor egress shall be permitted along streets & rights -of -way bordering residential zoning districts in the City of South Miami. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street -side services of any kind. ii. The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including, but not limited to, traffic circulation, landscaping, lot size, access and facility arrangement for this Special Use Permit. RA_*C* y! v I .1Z Staff recommends approval. PB-92 -017 Pizza Chef: 6222 So Dixie Hwy Page 2 of 13 r7 Page 1: Letter from Robert K. Swarthout, Inc. (unsigned) IGd PB -92 -017 7 i ROBERT K. SwARTUOUT, INCORPORATED city planning consultanes 400 South Dixie Highway, Suite 121 Boca Raton, Florida 33432.6023 (407) 392 -5800 (3051967.5800 PRELIMINARY DRAFT May 11, 1992 Ms. Sonia Lama, Director of Building and Zoning City of South Miarni 6130 Smiset Drive South M anii, Florida 33143 SUBJECT: :application to establish a Pizza Chef Gourmet Pizza business in a General Retail zoning district. Dear Ms. Lama: This letter responds to your request of today for an interpretation of the zoning ordinance with your to its application to the subject use. The question is, "May the subject use be considered as a special use in the General Retail District ?" I believe it may considered based on the operational facts which you have described to me on tile, telephone today, The salient operational facts are that the proposed rise .will serve walk -in customers with carry out service and will also provide delivery service. These and other operational characteristics, as I understand them, fully meet the provisions of the "convenience restaurant definition in Section 20- 2.3 of the Development Code. Furthermore, Section 20 -3.3 (n) clearly lists convenience restaurants as permitted in the General .Retail .District, subject to special use approval. Bill Mackey has raised the possibility that the proposed use may conform more to the definitional language for a "walk -up restaurant," which is not permitted in the General Retail District, than it does to the "convenience restaurant definitional language. This is a debatable point, but not in my judgment a relevant one. The only real question is whether or not the use meets the definitional provisions of a convenience restaurant. The fact that it may also conform to some other definition is not pertinent. I hold this view in full cognizance of the language of 20 -1.6 pertaining to conflicting provisions. This language requires the city to utilize the most restrictive limitation or requirement when a conflict arises between limitations and requirements in one part of the code and limitations and I69t999 01 Ai 20'Hl,MS ;iii WOH Hid IZ:Z0 H -ii -50 Pizza Chef: 6222 So Dixie Hwy Page 3 of 13 Page 2: Letter from Robert K. Swarthout, Inc. (unsigned) Ms. Sonia Lama, Director of Building and Zoning City of South Miami May 11, 1992- Page 2 requirements in another part of the code. This provision is common in zoning ordinances and makes good sense. However, it does not mandate contortions of logic. It would be a logical contortion to conclude that a use cannot be considered as a special use- -even though it clearly meets the definitional standards of a listed Special use- -just because it might also meet the definitional requirements of some other use which is not permitted. The requirement to employ the most restrictive interpretation would come into ploy only if there was a question as to whether or not the particular use for which approval is sought actually met the definitional standards of the relevant listed special use. The language of 20 -3.3 (C) is significant. Section 20 -3.3 (C) (2) states that uses listed as being permitted as special uses are permitted as special uses. Section 20 -3.3 (C) (4) states that uses `not listed are not allowed. However, nowhere in 20 -3.3 (C) does it say that a particular use which meets the definitional requirements of one permitted use may not be allowed just because that particular use also meets the definitional requirements of some other use which is permitted in another district, but not in the subject district. If such language did exist, then it would conflict with 20 -3.3 (C) (2) and also be more restrictive than 20 -3.3 (C) (2), hence it would govern. But it does not exist and need not be read into the ordinance. The language of 20 -1.3 (C) is also relevant. It points out that uses not specifically listed as permitted are prohibited. It does not say that a particular use which meets the definitional requirements of a permitted use must be prohibited just because it also meet,.; the definitional requirements of some other use which is permitted in another district but not in the subject district.: I have not searched every lot and tittle of the ordinance. There may he other language elsewhere that would cause me to alter my opinion. Feel free to point out any such language which is known to you. l would he happy to reconsider this opinion in that event. A word of caution.is offered. My opinion as set forth herein applies only to the question "May the subject use be considered ?" My affirmation that the subject use may be considered does not include an affirmation that it should be approved. The question of approval must be settled by examining the subject use as it relates to the,conditions established by the rode f:or special use approval I have not made such an examination, but I would he glad to do so if you wish. I hope this opinion is helpful. Please call if you have any questions. Z0d I69t999 OZ Al 20HZlld}IS XH WOE- Ai ;Z:ZO Z6-II -50 PB -92 -017 Pizza Chef: 6222 So Dixie Hwy Page 4 of 13 ii Page 3: Letter from Robert K. Swarthout, Inc. (unsigned) Ms. Sonia Lama, .Director of Building and Zoning City of South Miami May 11, 1992 Page 3 Sincerely yours, ROBERT K. SWARTHOUT, INCORPORATED Robert K. Swarthout, AICP RKS:tb EOd I69t999 OZ ONI WHIMS XH WOU -wd T ZO Z6 -II -50 PB-92 -017 Pizza Chef: 6222 So Dixie Hwy Page 5 of 13 LETTER OF INTENT City of South Miami Attn: _ Mr. Bill Mackie City Planner S. Miami, Florida Dear Mr. Mackie: Letter of Intent by Applicant This letter is to advise you that ), Daniel J. Orosa, intend to use the premises located at 6222 S. Dixie Highway, Miami, Florida located within the perimeters of the City of South Miami, to operate a pizza store known as Pizza Chef Gourmet Pizza, a national franchise. The store will provide for take out and delivery service only. Should you have any questions, please do not hesitate to contact me. ince I Daniel J. Orosa (305)383 -0833 7304 SW 132nd Court Miami, Florida 33183 DJO /mo PB -92 -017 Pizza Chef: 6222 So Dixie Hwy u Page 7 of 13 Copy of site plan indicating proposed layout 11 1 Pizza Chef 6222 So Dixie Hwy 4 O N ` v U p" ee �+ c o U d � • ^" v e a¢d tUit! 1 i Page 11 of 13 I PB-92-017 Vj Page 2: Copy of current survey "4DC—, Akqr X 40W M Kau 17=m / iro A,6..d3l A ZO, Fq - A, 10�Axti- —dw 6}r ;peseow;S c-e A 4ft, M4 Ar 195• Pizza Chef: 6222 So Dixie Hwy Page 10 of 13 Page 1: Copy of current survey lb All \Ike PB-92-017 Pizza Chef: 6222 So Dixie Hwy Page 9 of 13 Letter of Authorization from property owner May 1, 1992 Mr. Danny Orosa Pizza Chef 6222 S Dixie Hwy. S. Miami, FL 33143 RE: Brantany Holding Corp. 6222 S. Dixie Hwy. Dear Mr. OrosQ: Please accept this letter as our authorization for you to proceed with the Public Hearing with the City of$,Miami, in order to facilitate your occupancy of my 'property to the South Miami Shopping Center. Sincp-rely_., `1aymond A. Rosh, Jr. RAR /rgb PB-92 -017 Pizza Chef 6222 So Dixie Hwy Page 8 of 13 9 RESOLUTION NO. A RESOLUTION OF THE_ MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING A REQUEST FOR A VARIANCE FROM SEC.- 20 -3.5 E OF THE LAND DEVELOPMENT c.;nnR TO ALLOW A FRONT SETBACK OF EIGHTEEN (18) FEET WHERE A TWENTY FIVE (25) FOOT SETBACK IS REQUIRED IN THE RS -3 "MEDIUM LOT SINGLE- FAMILY RESIDENTIAL' DISTRICT BY MICHAEL ItODES FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6285 S.W. 70TH STREET, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW W110REAS, Michael Hodes requested the Planning Board of the City of South Miami for a variance from Sect. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a_front sethac_k of eighteen (18) feet where a twenty five (25) foot sethank is required in the RS -3 "Medium Lot Single- Family Residential" District for the property known as 6285 S.W. 70th Street, South Miami, Florida - 33143, which property is legally described as follows: Lot 6, less the East 35 feet.. all of Lot 7, and the East 16 feet of Lots 8 and 9; and the East 16 feet of the South 26 feet of Lot 10; all in Block 5, of COCOPLUM TERRACE, aucw4aing to the Plat thereof, as recorded in Plat Book 25 at Page 4 of the Public Records of Dade County, Florida. WHEREAS, the City Commission Staff Report recommended denial' of the request; WHEREAS, on June 9, 3992, the Planning Board voted to recommend denial of the rpntia= - }av m d 1 mnA ` PASSED AND ADOPTED this nth day of August, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATT0RNk Area map indicating subject properties and mailing area li 5 ry - -72 ad Py•+ w -� 1C I - i i Ell _ Sw li 5 ry - -72 ad Py•+ w -� 1C I - i i Ell B. P8 -92 -021 Applicant: Michael Hodes Request: Variance from § 20 -3.5 E of the Land Development Code to allow a front setback of eighteen (18) feet where a twenty -five (25) foot ,setback is required in the RS -3 "Medium Lot Single - Family Residential" District. Legal: Lot 6 less the East 35 feet, all of Lot 7, and the East 16 feet of Lots 8 and 9 and the East 16 feet of the South 26 feet of Lot 10 all in Block 5, of COCOPLDM TERRACE, according to the Plat thereof, as recorded in Plat Book 25, at Page 4, of the Public Records of Dade County, Florida. Location: 6285 S.W. 70tb Street, South Miami, Florida 33143 (A single- family residential property) Mr. Ligammare read the request. Mr. Mackey gave a Staff: Report which recommends that the request not be approved. The Chair deemed public hearing to be in session. Mr. Hodes signed in explaining that the encroachment concerns the canopy,` which extends into the setback by 18 ". Mr. Hodes also presented the required signatures. This change would primarily have a cosmetic .....u,.� iias LJIJ_U.UIUUU Mr. moaeS O= Lne Ohardship" requirement for granting a variance. No one else wished to speak and the public hearing was deemed closed.` Mr. Ligammare expressed his concern with setting a precedent as did Ms.; Thorner. The Board agreed that this is a strong consideration Ms. Wright made a motion to deny this request. Seconded by Mr. Ligammare. Votes Denial approved: 4 Opposed: 1 (Gutierrez) , Staff Report for PB -92 -021 PB -92 -021 Applicant: Michael.Hodes Request: Variance from -§ 20 -3.5 E of the Land Development Code to allow a front_setback of eighteen (18) feet where a twenty -five (25) foot setback is required in the RS -3 " Medium Lot Single-Family Residential" District. Legal: Lot 6, less the East 35 feet, all of Lot 7, and the East 16 feet of Lots 8 and 9; and the East 16 feet of the South 26 feet of Lot 10; all in Block 5, of COCOPLUM TERRACE, according to the Plat thereof, as recorded in Plat Book 25, at Page 4, of the Public Records of 'Dade County, Florida. Location: 6285 'S.W._70t" Street,, South Miami, Florida 33143 (A single- family residential property) fKK" * "_ IM The applicant wishes to create a new _entrance and addition to an existing single family residence. The addition is proposed to be located in the required front setback. A variance is required for such an encroachment. 1114 XON W,IM z Staff does not recommend approval. City of South Miami 6130 Sunset Drive, South` Miami, Florida 33143 Petition: We, the undersigned property owners, are within 500 feet of the above property. We understand and approve of the following Request(s): Applicant: David Hill PB -92 -020 Request: Variance to allow two signs of 35 square feet each on property located below, where one sign per lot, not to exceed thirty -five (35) square feet in area is allowed, per § 20 -4.3 (I)(3) (a) of the Land Development Code. Legal: That part of the Southeast 4 of the Southwest 4 of the Northwest 4 of Section 36, Township 54 South, Range 40 East described as follows.: For a point of beginning, begin at the Point of Intersection of the East line of the said Southeast 4 of Southwest 4 of Northwest 4 and - the East Line of U. S. Highway No. 1, for a distance of 182.36 feet thence go Southwesterly at a right angle to U.S. Highway No. 1, for a distance of 175.00 feet to a' point; thence go Northeasterly parallel to U.S. Highway No. 1, for a distance of '35.55 feet to the east line of said Southeast 4 of Southwest 4 of Northwest 4; thence go North along the East fine of said Southeast 4_ of Southwest 4 of Northwest 4 a distance of '228.43 feet to a Point of Beginning. Location: 6400 S. Dixie Highway, South - Miami, Florida 33143 (A Commercial property) Name Date Address �k 1 Z U W 7 • 101 -AA) d Tj 9 r- a Sv s A� 9 ` 1 ^Y x �k Letter of Intent and Hardship Statement by APPLICANT T0: +�� ETTE2 of 2N +t=N4- ec F M N` -e,v '+ 1} +�i A 0 0 O N A 1B' e,rl r o 0 .n m" O L r V' n9 Room +0 rry REJIOr�Cc . -T.+^ re (Qv csTrn9 R Se4bACk VF�r•:M,.�c� for -o>,+ pro_�2c },ON R S Sl�o� ✓nJ On/ ►j'�y Yl4,w hT %b,+,) fit= f- h. r 4-1,.0 /► Ar 14 S-�r�c ►� C,4" op AVt. 6 N t k-�, F,, L j C �. 6O.ic 4v 4- LA rrv, /`j' p F rti,� hOQ u ♦ rQS+ Orr 4 F1re� 1�cr�y T�uur3 Covr'} 5v,.sx,+ ►�^�^ A. —rj, 1,4 0r✓F NQ $9i. �)a� -izi rna� ,• hli S fl 5,►+,, �itr- o,. �- rub �,oIV hov K w.� tq st +6r�c k of 2 cf. f�., s {r.,c�onv --LAC rc,`r OF toy ltiev {F i5 iu�.�br b N1SD r 4-L'L 51.,Opt -r,, O IZeS.gN OF 'I-G.l JJ III, O f= Q�remQly l N0^�L�rn� Fo { -�,�.4 Ne�gHhUrin004) .T + �.i MtJ w r6 h ♦o.. ii-s Fv ll.es{- e�•�aN f A.s w4 l� �q.5 P•evc .ny f/ovr -c �' i - w+�Pr -ovr„y �F �}eS1►be, -tiouos (} (� �.Qq, AN c.c � � 2,�� ,+� S r'n tt" f��a •t�.. , nJr /r+ y Vr9r -, nr. t[ . YO �. 62Q'S sw 7� Sj-. �h F S3 3. i tt� Comr Page 1: COPY of current survey showing existing setbacks BOUNDARY SURVEY SCAI.E: I's 20' j Q F t. f. 16.00 .... ..... -4. LOT 7 Po Irr low Lcr et IVA Is C.D.s. L, F M, t0.1 I 31.40 V! ?0 C C:h Ldr Rt.p IS N F. 1. P. 7171-1- 77 Page 2: Copy of current survey showing existing setbacks "n02PEIITYAOORESS: Co Z$5 ''" ST, MI a M l pi LEGAL DESCRIPTION Lot 61 less the East 35 feet, all of Lot 7, and the East 16 feet o: Lots 8 and 9 and the East 16 Seet CO the south 26 :eet of Lot 10; all in Block 5, of COCOFL'JM 4RAC2, according, to t-he - ?lat -ed'`, as recorded in Plat Book 25, at Page a, of t-7e Peblic Records of Cade Courts; Florida. P 3 fi 113 � 14 15 i � Q r. \X c i 70^ IOCATICN SKETCH =LE 1' a I2S' �M l4ROefie�alrla7711lla rllr GAT= ll• Of r.ww -- --�•�" •3L+s+w+�m n ns w+m rtnq w o�rw.wn y,o�wr,o 5o. s w roMano.rna a" x 14 "vow cvR1Ir. W.0 M .lam 3OLOWD"T'3 —Wm M We womw a WW ON was No of ~ k'POrOW ay I" a moon" a' - llle.aa. Wiens Mur inmost me man Nave A M iOw'01Ne M"mol norm wal....: algal\ A hall!"ala��Oumn lR(Ylld aarmosm Ma we A ar ROaIOA WAIp OC- ne amew "ar CTrl. al�+�w a rlMw Aral ce04 �aran�al41 w. +.ae > r lr�i Season aaneaaa -1 aN. 40100101 ela Planes Loans" sae leaaeewm N won" an sum eelewlaie ala Po"W wa RN $ N u u aIOLAMIOMilan wa ael Momu aa,Owramw is Ko M a.slaves 0llff♦ :. CLVIW= •1a7 -� r�a��uao��ra� roe �a �m SLATE OF 30113 OA T& J 80NFILL AND ASSOCIATES INC. REGISTERED LAND SURVEYOR STATE OF FLORIDA For Of" IkA Sf STOUT, WIT9 211, MIAMI, FLORIDA 13106 aLtsa�1S : -S'►TS VAX (306111414-004 - OfftNQ — Y 'J � Jf3 .1Y i Z M Y I W ] < Y ■ ICI aO NV ~JbOOw I 1 «Wr YYl.rp a a a f M M N N a aiw�w�riw WI aa. ■NrNNa N Cl r = as pS�L J as a N�IJC = = J Ya V Wr .J L N �Cf M 0..702 ON s=r��az W s _ < M > JW <aa <1. '�076�ar• -Jaw aav V aJ LT Oar V *aZ o a 11h1 a a N � Y �thsM� 88 h 491 ruoar.o I a��eoOl.a 3 'i 1M: N .ier�iira WI V�l.�r ♦•Ji r b, j 81 1 of H _ y `a4a NO1J.J� li Proposed Site Plan submitted by APPLICANT PAWWRY :ONC. r IONT 5 PAVEMENT -1 - - -- S.W. 70th STREET �.T Proposed Floor Plan submitted by APPLICANT C � �i Jill f; r i I Fir WTGriGt� I I __ i �LOrcr VwNIML , I DlnitNb F-M. b�T►� e3.T+ E�GVacuM t A L JL .� -4ALL 101- 4! t � 71�e, 110 Ill. 41, 6 2'-O'l 1 Q yCOQo+orA I b�ROROOM I 11 U�v�NM p� �-- rRaPeo 1 I>�rreR .- C! le # CROW- GeWMN a..4.►Oea r•aer. 101- 4! t � 71�e, 110 Ill. 41, 6 2'-O'l 1 Q yCOQo+orA I b�ROROOM I I �-- rRaPeo .- LWE OF F a..4.►Oea r•aer. Proposed & Existing Elevation submitted by APPLICANT Z O P W O M U. w x 0 ILI 4� W � y P � N O Y WW ¢ 4 IL ¢ COG* I < 0 0 P J W Z O Cc L LU a cc a RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A "MOBILE AUTOMOBILE WASH /WAX SERVICE' USE IN THE LO, MO, NR, GR, I AND H DISTRICTS" PURSUANT TO SECTION 20 -3.4 (B)(20) OF THE LAND DEVELOPMENT CODE BY ALVARO TELLEZ FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA WHEREAS, Alvaro Tellez requested the Planning Board of they City of South Miami far a- Special Use Permit to allow a "Mobile Automobile Wash /Wax Service" use in the L0, MO, NR, OR, I and H Districts pursuant to Section 20 -3.4 (B)(20) of Land Development Code of the City of South Miami, Florida; and WHEREAS, the CitY COMM155ion Staff Report recommended approval of the request; WHEREAS, on June 9, 1992, the Planning Board voted to recommend denial of the request by a 4 -- l vote; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OiF THE CITY OF SOUTH MIAMI, FLORIDAe Section 1: a Special Use Service" use in Section 20 -3.4 South Miami, F1 That the request of Alvaro Tellea for Permit to allow "Mobile Automobile Wash /Wax the LO, MOO NR, OR, I and H Districts pursuant to (B)(20) of hand Development Code of the City of orida be, and the same hereby is, denied. PASSED AND 'ADOPTED ` -this th day of August, 1992. APPROVED: MAYOR - - - - C. PB- 9 -2 -0�2 Applicant: Alvaro Tellez Request': Special Use Permit to allow "Mobile Automobile Wash/Wax Service" use in the LO, NO, NR, GR, I and H Districts per § 20 -3.4 (B)(20) of the Land Development Code. Ms Wright read the request Planner Mackey reported that a special use permit is required for the applicant to operate a mobile automobile wash /wax service. Some of the building tenants at 5975 Sunset Drive raised money to make this application as is noted in the attached letter from the applicant. The requirements that govern this use were explained to the applicant by an interpreter and so long as those are adhered to, Staff recommends approval. Chairman deemed public hearing opened and asked for those wishing to speak for this application. Alvaro Tellez signed, in and explained the reasons for his request. He also has customers at 5979 Sunset Drive. Mr. Tellez stated in his letter that he uses no detergents or de- greasers. He stated that he uses special products for car washing. He will be operating in the front parking garage. There being no one else to speak for nor any one to speak against this request public hearing was deemed closed. Chairman Gutierrez declared the Board to be in executive session. Ms. Thorner asked how staff can recommend approval of this request when chemicals are used and there is "run-off". Ms. Lama reported that it is assumed that the applicant intends to meet the conditions under which this request is granted and the City will do its best to .enforce the requirements. Mr. Ligammare stated his disapproval of mobile car washes altogether as being unsightly; debris is left; it effects adjoining cars and their owners. Mr. Gutierrez understands Mr. Ligammare's opinion but feels that there is a place for a mobile wash and it is needed for some people. His problem is with the ordinance itself. It should have 4l restriction that the work cannot be seen from the ROW. Staff Report for PB -92 -022 PB--92 -022 Applicant: Alvaro Tellez Request: Special Use Permit to allow "Mobile Automobile Wash/Wax Service" use in the L0, MO, NR, GR, I and H Districts per § 20 -3.4 (B)(20) of the Land Development Code. �!tALYSIS The applicant wishes to operate a "Mobile Automobile Wash/Wax Service" which is permitted by Special Use in the LO, MO, MR, 'GR,'I and H Districts. The conditions are included here for your information. § 20-3-4 MOBILE AUTOMOBILE WASH/WAX SERVICE (a) No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow of traffic in public streets or rights -of -way nor block pedestrian access to public streets or rights -of -way. (b) All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted (c) No mobile service vendor shall remain in any one site longer than sixty (60) minutes. (d) Mobile service vendors must operate from four -wheel motorized' vehicles registered in the State of Florida. (e) No steam- cleaning, solvents, detergents and /or degreasers may be used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained on private property. RECOMMEMDATION Graff Application for Public Hearing before Planning Board City of South Miami 6130 Sunset Drive. South Miami, Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING' BOARD JAPPlicant: ALVARO TELLEZ Phone: 559 -3932 Represented By: organization: Address, Phone, Architect /Engineer. Phone: Owner Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? vES i I I Property Owner: STORTFORD N.V. Signature: Address: 5975 SUNSET DRIVE Phone Number: Represented By: organization: Address, Phone, Architect /Engineer. Phone: Owner Option to purchase _ Contract to purchase _ Copy attached? If applicant is not owner, is letter of authority from owner attached? vES i I I I LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s) Block Subdivision PB Metes and Bounds: Township Section Range APPLICATION IS HEREBY MADE FOR THE FOLLOWING: — Variance x Special Use — Rezoning _ Text Amendment to LDC -__. Text Amendment to Comp Plan — PUD Approval _ PUD Major Change Briefly explain application and cite specific Code sections: SECTION: SUBSECTION: PAGE t:' AMENDED DATE: SUBMITTED MATERIALS Letter of intent — Statement of hardship from owner /tenant inherent in the land _ Reasons for changes list justifications Proof of ownership — Power of attorney _ Contract to purchase — Current survey _, 7 copies of Site Plan within 3 years 1 reduced @ 8.5 "'x 11" _. Required fee(s) for cost of advertising The undersigned has read this completed application and represents the information and all submitted materials furnished are true and correct to the best of the ipplicantos knowledge and belist. Data Upon receipt, applications and a compliance with City; Codes >and VV Applicant's Signature and title 11 submitted materials will be reviewed for other applicable regulations.- Applications rejected and returned to the applicant. Letter of Intent by APPLICANT June 8, 1992 City Of South Miami 6130 Sunset Drive South Miami Florida 33143 To Whom It May Concern: I am Alvaro Tellez, I operate a mobile car washing business I am requesting permission to obtain a license to operate my business at the Sunset Station Plaza Building located at 5975 Sunset Drive. I have spoken with the owners of the building and they express a need for the services that I am able to render to their clients. It has been stated that if I may obtain a license that I can operate inside their building. I would also like to inform you that I meet all the requiremetns stated on the code sheet enclosed. I operate my business by the tenants requesting that I wash and wax their cars. I have not had any problems with anyone that I have previously render services. The tenants are completely satisfied and they have no complaints. This business I render is my livelyhood and provides food and shelter for my family. If I cannot operate it, then I cannot care for my family. Please consider my situation upon granting my request for this license. Your kindness and consideration will be greatly appreciated. I would like to take this time and thank you in advance for your conside- ration and time. Sincerely, Alvaro Tellez Letter from one property owner StOptrupd, N.V. June 9; 1992 City Of South Miami 6130 Sunset Drive South Miami Fla 33143 To Whom It May Concern: Please be informed that Stortford N.V.., as owner of the Sunset Station Plaza Building located at 5975 Sunset Drive., South Miami; hereby authorizes Alvaro Tellez to operate mobile Car Washing operations in the premises. Very Truly Yours, Juan Couret Vice— President 5975 SUNSET DRIVE / SUITE 801 / MIAMI; FLORIDA 33143 / TEL: (3051 662.8637 T