06-11-91M
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
June 11, 1991
7:30 P.M.
A. Invocation
v
Next Resolution:
Next Ordinance:
Next Commission Meeting: 6/18/91 Spec
7/23/91 Reg,
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentation
D. Items for Commission Consideration:
Approval of Minutes
June 4, 1991
City Manager's Report
City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
NONE
RESOLUTIONS FOR PUBLIC HEARING:
4. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, renewing a home occupational license for
Landscape Architecture, on property legally described as Lot 6,
t/ less the N. 10' and Lot 7 less the N. 5', Block 2, Lawrence
Terrace Subdivision, as recorded at Plat Book 7, page 61, of the
Public Records of Dade County, Florida, a /k /a 7511 SW 64 Court,
South Miami, Florida. anni.ng Board /Admi.ni.stration) 4/5
5. A Resolution of the Mayor and City ommission of the City of
South Miami, Florida, renewing a home occupational license
for the practice of Architecture in a residence located in a
RS -3 district, on property legally described as the E. 120'
of the N..1 /2 of the N. 1/2 of the E 1 /2�of the S.W. 1/4 less
the S. 20' of Section 25, Township 54 S., Range 40 E., in
Dade County, Florida, a /k /a 6802 SW 64 Avenue, South Miami,
Florida. n %/--(.Planni,ng Board /Administration) 4/5
- 4
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, granting a request to build 2,100 square
feet + to house a permanent magnetic resonance imaging operation
where as mobile unit is presently located, said request
constituting a major change to a planned unit development pursuant
to Section 20 -5:12 (F) (1) of the Land Development Code of the
City of South Miami, Florida for the property known as -7400 SW
62 Avenue, South Miami, Florida 33143 and legally described herein.
RESOLUTIONS: (.Planning Board /Admi.nistration) 4/5
7.
�,FF
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 Victoria Alonso with regard to a porch
addition for the property commonly known as 4224 SW 60 Place,
South Miami, F1 H da 331 ,3,. /.. (Planning Board /Administration)
A Resolution o the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the
sum of S representing the balance of an agreed
adjustment to fees incurred for legal representation by Gregory
Borgognoni of Ruden, Barnett ET AL in conjunction with litigation
regarding the City's Comprehensive Plan.
(Administration)
3/5
4/5
OFFICIAL AGENDA
June 11, 1991
Page 2 of 2
RESOLUTIONS:
9)
10)
rj- I/ - //
A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, directing the City Clerk to
advertise all public hearings concerning the Land Development
Code in The Miami Herald "Neighbors" Section, in addition to
being advertised in a newspaper of gen al circulation.
(�� (Mayor)
A Resolution of the MayoYand City Commission of the City of
South Miami, Florida, approving the recommendations of the
Environmental Review and Preservation Board regarding the
restoration, preservation, and maintenance of the Sylva Martin
Building in its historic architecture and construction.
q—�j � (Mayor)
11) A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, authorizing the City Administration to
grant an extension for a temporary sign permit to University
Christian Church. _ _ Comm /i�si off -� ryc�el Ott)
12) A Resolution of the Mayor and City Commission d7tfie JC(Y
it of
South Miami, Florida, approving two (2) newsrack locations
within the City of South Miami proposed by the publisher of
"Apartments in Color" and "The Rental Book."
�j (Administration)
13) A Resolution of t e Ma)or'an-d yity Commission of the City of
South Miami, Florida, approving four (4) newsrack locations
within the City of South Miami proposed by "Show and Sell"
newsracks.
(Administration)
ORDINANCES -FIRST READING:
14) An Ordinance of the City of South Miami, Florida, amending
Section 20 -5.5 and adding Section 20 -5.9 (H) of the Land
Development Code of the City of South Miami, Florida to permit
the Director of the Building and Zoning Department to grant
administrative variances for residential districts upon the
approval of the City Manager; providing for severability;
Ordinances in conflict; and an effective date.
(Commissioner Cooper)
3/5
3/5
4/5
3/5
3/5
4/5
F J
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RENEWING A HOME OCCUPATIONAL
LICENSE FOR LANDSCAPE ARCHITECTURE, ON PROPERTY LEGALLY
DESCRIBED AS LOT 6, LESS THE N. 10' AND LOT 7 LESS THE N.
5', BLOCK 2, LAWRENCE TERRACE SUBDIVISION, AS RECORDED
AT PLAT BOOK 47, PAGE 61, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, A /K /A 7511 SW 64 COURT, SOUTH MIAMI FLORIDA.
WHEREAS, the applicant was heretofore granted a home occupational
license for landscape architecture after public hearing by the
Planning Board and City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a home occupational license for landscape
architecture on property legally described as:
Lot 6, less the N. 10' and Lot 7, less the N. 5'
Block 2, LAWRENCE TERRACE SUBDIVISION, as recorded
at Plat Book 47, Page 61, of the Public Records of
Dade County, Florida, A /K /A 7511 SW 64 Court, So.
Miami, Florida.
PASSED AND ADOPTED this day of 1991.
APPROVED:
Mayor
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
v
REGULAR CITY COMMISSION MEETING Next Resolution:
June 11, 1991 Next Ordinance:
7:30 P.M. Next Commission Meeting: 6/18/91 Spec
7/23/91 Reg.
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentation
D. Items for Commission Consideration:
Approval of Minutes
June 4, 1991
City Manager's Report
City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
NONE
RESOLUTIONS FOR PUBLIC HEARING:
4. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, renewing a home occupational license for
Landscape Architecture, on property legally described as Lot 6,
V/ less the N. 10' and Lot 7 less the N. 5', Block 2, Lawrence
Terrace Subdivision, as recorded at Plat Book 7, page 61, of the
Public Records of Dade County, Florida, a /k /a 7511 SW 64 Court,
South Miami, Florida.
`�J� r4ommission anni.ng Board /Admi.nistration) 4/5
5. A Resolution of the Mayor and Cit of the City of
South Miami, Florida, renewing a home occupational license
for the practice of Architecture in a residence located in a
RS -3 district, on property legally described as the E. 120'
of the N. 1/2 of the N. 1/2 of the E 1 /2-of the S.W. 1/4 less
the S. 20' of Section 25, Township 54 S., Range 40 E., in
Dade County, Florida, a %k /a 6802 SW 64 Avenue, South Miami,
Florida. n / _Planni.ng Board /Administration) 4/5
- 7 /
6. A Resolution of the Mayor and City Commission of the City of
South Miami, Florida, granting a request to build 2,100 square
feet + to house a permanent magnetic resonance imaging operation
where as mobile unit is presently located, said request
constituting a major change to a planned unit development pursuant
to Section 20 -5:12 (F) (1) of the Land Development Code of the
City of South Miami, Florida for the property known as-7400 SW
62 Avenue, South Miami, Florida 33143 and legally described herein.
RESOLUTIONS: (.Planning Board/Administration) 4/5
7. 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 Victoria Alonso with regard to a porch
addition for the property commonly known as 4224 SW 60 Place,
South Miami, Fl rida 331
q /_j (.Pl anni ng Board /Admini strati on) 3/5
8. A Resolution o the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to disburse the
sum of S representing the balance of an agreed
adjustment to fees incurred for legal representation by Gregory
Borgognoni of Ruden, Barnett ET AL in conjunction with litigation
regarding the City's Comprehensive Plan.
(Administration) 4/5
OFFICIAL AGENDA
June 11, 1991
Page 2 of 2
RESOLUTIONS:
9)
A Resolution of the Mayor and City Commission of the City
of South Miami, Florida, directing the City Clerk to
advertise all public hearings concerning the Land Development
Code in The Miami Herald "Neighbors" Section, in addition to
being advertised in a newspaper of gen al circulation.
10)
(Mayor)
and
3/5
A Resolution of the Mayon City Commission of the City of
`\
South Miami, Florida, approving the recommendations of the
1�
Environmental Review and Preservation Board regarding the
restoration, preservation, and maintenance of the Sylva Martin
Building in its historic architecture and construction.
_ (Mayor)
3/5
City
11)
A Resolution of the Mayor and City Commission of the of
South Mrami, Florida, authorizing the City Administration to
grant an extension for a temporary sign permit to University
Christian Church. �. _ Comm io _� ryelott)
�Cit�yCommisri4n df�ttie JCi ty
4/5
12
A Resolution of the Ma or and of
Y
South Miami, Florida, approving two (2) newsrack locations
within the City of South Miami proposed by the publisher of
"Apartments in Color" and 'The Rental Book."
13)
(Administration)
'1 ' �} l +
A Resolution of t e Mayor an ity Commission of the City of
3/5
South Miami, Florida, approving four (4) newsrack locations
within the City of South Miami proposed by "Show and Sell"
newsracks.
(Administration)
3/5
ORDINANCES -FIRST READING:
14) An Ordinance of the City of South Miami, Florida, amending
Section 20 -5.5 and adding Section 20 -5.9 (H) of the Land
Development Code of the City of South Miami, Florida to permit
the Director of the Building and Zoning Department to grant
administrative variances for residential districts upon the
approval of the City Manager; providing for severability;
Ordinances in conflict; and an effective date.
(Commissioner Cooper) 4/5
G
• w
"
ORDINANCE NO. 5 -74 -801
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AME14DING
SECTION 19 OF ORDINANCE NO. 17 -73 -788 BY CHANGING THE
TITLE OF SAID SECTION,AND GIVING THE CITY COUNCIL THE
RIGHT TO ISSUE "HOME LICENSES" UNDER CERTAIN TERMS AND
CONDITIONS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 19 of Ordinance 17 -73 -783 /
be, and the same if hereby amended to read as follows:
"Section 19. Licenses to Conform to Zoning and Building
Regulations with the exception of Home
Licenses.
Where any question of zoning arises, no license shall be
issued hereunder for any business, occupation or profession
until the location thereof shall have first been approved by
the City Council.
The City Council, by a 4/5 vote, shall after a hearing before
the Planning Board, which they are hereby authorized to have,
and having recieved their recommendations thereon have the
right to issue by Resolution, licenses which do not conform
to zoning and building regulations which licenses shall be
known as "Home Licenses ", and the fees therefor shall be the
same as are contained in the "Schedule of License Taxes"
attached to and made a part of Section 24 of this ordinance.
It shall be the burden of the applicant to show that there
would not be generated an unusual amount of vehicular and /or
pedestrian traffic as a result of the issuance of said license.
In addition, notices shall be sent to those persons residing
within 300 feet of the intended location of said license
advising them of the hearing before the City Council, and all
expenses shall be paid by the applicant. Said license may
contain such terms and conditions as the Council may deem
desireable and may be revoked and canceled by the City Council
at any time, without cause.
• _ — >y� �l iyxr7e�.b"" ^n`• ~''y�•t�' Ste,,° _ n
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- "Noma Licenses Oall,ba•issuad for the license year app lied
for or bala" th mf eel Urade • Each year a stpgrota spollication
to the Ci �y Cotttetil shall for renewal and each appli-
cation &full be,cmidered an its Ow writs.'
PASSED and this 4th day of January, 1471
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Doris Rosebraugh
DDeggne /Native Plant Consuhant
P.O. Box 432135
South Kami, (-133243
(305) 567+0054
October 1, 1988
The Honorable Mayor, Bill Porter
The Honorable Vice Mayor, Carl Schwait
The Honorable Commissioner, Cathy McCann
The Honorable Commissioner, Janet Launcelott
The Honorable Commissioner, Danny Bro%m
The City of South Miami
6130 Sunset Drive,
South Miami, rL 33143
Dear Mayor Porter and Commissioners:
In spite of positive thinking, the results of an accident in
Winn Dixie in May of 1984 has left me with a painful physical handi-
cap and I seek compassionate relief from the city I love and serve
in the form of a Home Occupation license.
With the need to administer moist heat, periodic bed rest or
warm baths to relieve painful spasm and pressure on the sciatic nerve
brought on by the physical rigors of the job of landscape designer,
I find I am unable to work in conventional office space.
My work takes me out of my home to the job sites of my clients
and at no time do I pursue any business acitivity that would include
traffic to and from my. home. My office equipment sufficient for
designing landscapes is the drawing board, telephone and small table.
The large studio attached to my home was *once used by Joan Wilson for
weaving and I use the remainder to store my personal horticultural
library, slide collection and materials used for part time teaching
which is performed at the individual schools.
It is imperative that I continue working in order to survive
as I am now alone and my sole source of support. By the aforementioned
home treatments and chiropractic care, aided by pain killers when
needed I am able to continue my practice and support myself. Thankfully,
Nature gives us balance and the creative and knowledge side of my life
has only improved.
Your help in this difficult and challenging time of my life will
be deeply appreciated.
Sincerely,
xg'�
Doris Rosebraugh
Landscape Designer
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PREFERENCE: ��>'� se / Z(¢ C� Compass
N'ENTS : l ome � I .
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// Date..10 /0,&2::L
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T MUTT 1AIAMI Pw PLANNING 50ARD hearing No.M-M -020
II T H E C I T Y O F
a
so U tA •
camr
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143
LIC SERVICE
LPARTMENT
Z O N I N G P E T I T I O N
'roperty Description, Location and Legal:
Lot 6 less the North 10' feet and the North 5'feet of Lot ?,
Block 2, LAWRENCE TERRACE, according to the plat thereof,
as recorded in Plat Book 47, at Page 61, of the Public Records
of Dade County, Florida
equest: The Owners of the above property have made the following request:
Home Occupation License based on physical hardship, see
copy of attached letter to the Commission of the City of
South Miami, FL.
?tition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
) I.- -" PAL�e -- - - - - - - - - - 10 / 1 315�
'- - -` _ _ Q 13-88
S
_
1045-06 -
nued on page 2) Page I
t t �
Z O N I N G P B T I T I O N
(continued)
etition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
---- - - - - --
- ---------
I
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------ V IL _q
- - - - - - - - - - - - - - - - - - - - - - -
?`{�! GS C�-;- 331-3 -
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------------------
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— — — — — — — — — - — — — — — — — — t
Page 2
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ror plan
wire Kam ona stucco on
exterior surfoces
City of South Miami
INTER — OFFICE MEMORANDUM
Marien Aran - Sprinrad
Director, Building, Zoning
and Community Development
Soheila darzi
Planner �
General
Applicant:
Request:
Location:
Legal Description:
DATE: October 25, 1988
SUBJECT: STAFF REPORT
PB -88 -020
HOME OCCUPATIONAL LICENSE
Doris Rosebraugh
Home Occupational License to practice
landscape architecture in home office.
7511 S.W. 64 Ct.
Lot 6 Less the North 10 Feet and the
North 5 Feet of Lot 7, Block 2, of
"Lawrence Terrace" Subdivision.
According to the Plat thereof, as
Recorded in Plat Book 47 at Page 61 of
Public Records of Dade County, Florida.
Background
Applicant is the owner of single family home in RS -3 District and request
approval of Home Occupational License to practice landscape architecture in her
home office.
Analysis
The activity will be conducted by a person residing on the premises; no other
person will be employed.
The activity will not generate any unsual amount of vehicular and /or pedestrian
traffic.
Recommendation
The request complies with the zoning regulations of the City of South Miami
(Ordinance No. 5 -74 -801).
Staff recommends approval of the request.
I � I
CITY OF SOUTH MIAMI
ZATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
PLICATION MUST ■E COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
AT % AS (OWNER, TENANT/ AGENT, ETC. SPECIFY)
�1 S 9D� &br-a&aA 1 Dw»eL-
ft APP" Ai/ & +*o ! _ / (? T 10,
cFWAM
a-TATIL ZIP PHONE
I .. R., i +--� 16 447
DATE OWNERSHIP OF PROPERTY OBTAINED
I OF OWNER CITY STATE
!a
ERTY OPTION OR CONTRACT FOR PURCHASE? A01 �1 BEM 1 = AMU /,DI
YES NO Adkk
]CANT IS NOT OWNER, IS.LEITER OF AUTHORITY FROM OWNER ATTACHED?
E55
ZIP I PHONE
YES NO
DESCRIPTION OF PROPERTY COVERED BY APPLICATION 7
Lu` G s S 1('' aM d ! �I , rogl< `* F3� z .
SION / T—eymey— PB PIA* i ick-A / I
•
.ND BOUNDS,IL ' `w Fade �L • bo
AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING RIWIS
NAL DEDICATIONS PROPOSED
STRUCTURES LOCATED ON PROPERTY
:ATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING EXCEPTION tkovne. "Cl"6L
OTHER (SPECIFY)
VARIANCE AMEND SECTION OF CODE
Rs��„r,� ^TIO►l I CHANGE OF ZONING REQUESTED
.LOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION.
'JAPPLICATION. )
/ CERTIFIED SURVEY SITE PLAN
STATElltENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
(ATTACHED HERETO AND MADE
PHOTOGRAPHS
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER
ERSIGNEO HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING
RNISHEO IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND BE EF.
AV"*
SIGNATURE
FICE USF ONLY
:)F H I
:1 RE
HEARING NO.
DATE FILED
l rA-
op
01
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RENEW'I'NG A HOME OCCUPATIONAL LICENSE
FOR THE PRACTICE OF ARCHITECTURE IN A RESIDENCE LOCATED IN
AN RS -3 DISTRICT, ON PROPERTY LEGALLY DESCRIBED AS THE E. 120,
OF THE N. 112 OF THE N. 1/2 OF THE E 1/2 OF THE S.W. 1/4 LESS
THE S. 20" OF SECTION 25, TOWNSHIP 54 S., RANGE 40 E., IN
DADE COUNTY, FLORIDA, A /K- /A 6802 SW 64TH AVENUE., SOUTH MIAMI,
FLORIDA.
WHEREAS, the applicant was granted a home Occupational license
to practice Architecture in a residence located in an RS -3 district,
after public hearing by the Planning Board.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a home Occupational license to practice
Architecture in a residence located in an RS -3 district on property
legally described as:
The E. 120' of the N. 1/2 of the N. 1/2 of the E. 1/2 of
the S.W. 1/4 less the S. 20' of section 25, Township 54 S.,
Range 40 E., in Dade County, Florida, a /k /a 6802 S.W. 64 Avenue,
South Miami, FLorida.
is hereby renewed.
Secti'on-2. That the above approval is conditioned upon the
applicant not posting a sign at the property advertising the
business.
PASSED AND ADOPTED this day
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
of 1991.
APPROVED:
MAYOR
r
w
0
ORDINANCE NO. 5 -74 -801
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
SECTION 19 OF ORDINANCE NO. 17 -73 -788 BY CHANGING THE
TITLE OF SAID SECTION.AND GIVING THE CITY COUNCIL THE
RIGHT TO ISSUE "HOME LICENSES" UNDER CERTAIN TERMS AND
CONDITIONS.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 19 of Ordinance 17 -73 -788
be, and the same if hereby amended to read as follows:
"Section 19. Licenses to Conform to Zoning and Building
Regulations with the exception of Home
Licenses.
Where any question of zoning arises, no license shall be
issued hereunder for any business, occupation or profession
until the location thereof shall have first been approved by
the City Council.
The City Council, by a 4/5 vote, shall after a hearing before
the Planning Board, which they are hereby authorized to have,
and having recieved their recommendations thereon have the
right to'issue by Resolution, licenses which do not conform
to zoning and building regulations which licenses shall be
known as "Home Licenses ", and the fees therefor shall be the
same as are contained in the "Schedule of License Taxes"
attached to and made a part of Section 24 of this ordinance.
It shall be the burden of the applicant to show that there
would not be generated an unusual amount of vehicular and /or
pedestrian traffic as a result of the issuance of said license.
In addition, notices shall be sent to those persons residing
within 300 feet of the intended location of said license
advising them of the hearing before the City Council, and all
expenses shall be paid by the applicant. Said license may
contain such terms and conditions as the Council may deem
desireable and may be revoked and canceled by the City Council
at any time, without cause.
' • � • _'.v.ti .� �• ice.' . �!: �i �•.. a
E
1—`,�-WIA
'14
F
X51•
4
V;A
'How Licenses shall - be issued for
the license year applied
for or balance thersof Cal U ', • Each
year a s mrote application
to the City Cbmil shall wd* for renewal and each
appli-
cition shall be.cmidered a its ow werits.5
PASSED and 10, ',this 4th 4q of
January, 1974
rt
134
41'
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T H E C I T Y O F
I
SOUtIl
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143
SERVICE
,RTMEI+T
Z 0 N I N G P E T I T I O N
)perty Description, Location and Legal:
K. V1 W 44)' Wt
- -f ov' i4rlkif o lit 6p -r14�' �Iojejjp oz cr, -roK • I se I / .,Z CP
= :T� �, � �r� -� >�j i��• �-� -�la � �u�la �,I �s� ��- �5 -�I � �v (I� �1�, �-r
;ue+st : The bw ers of trie above property ha a made the following request:
1 �
:ition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAME
dwr
�� •
DATE
- 17v�/ 7VA?
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7%30 /1.1
(continued on page 2)
ADDRESS
- 1_'-�C'j_ _6yAV_�� - - --
(72C� 5w Coq Ave I to-370 SW (08 - �'
(0 51 - -
sub y _q et � - - - - - - - - - - -
�?°-l&')_(' y_cp.-------
6?z/ s1,„_ yrxl1014C� - - - - -
Page 1
City of South Miami
INTER — OFFICE MEMORANDUM
•o: Marien Aran - Spinrad
Director, Building, Zoning
and Community Development
-woM: Soheila Goudarzi
Planner
General
DATE: August 5, 1988
SUBJECT: Staff Report PB -88 -014
Home Occupational License
Applicant: Christopher Cooke - Yarborough
Request: Home Occupational License to practice
architecture in home office.
Location: 6802 SW 64 Ave.
Legal Description: The East 120 feet of the North � of the North of the
East 1i of the Northeast Z of the Southwest 1z of the
Southwest it less the South 20 feet, all of Section 25,
Background Township 54 South, Range 40 East of Dade County, Florida.
Applicant is owner of single family resident (RS -3) and requests
approval of home occupational license to practice architecture
in his home:office.
Analysis
The activity will be conducted by a person. residing on the premises;
no other person will be employed.
The request complies with the zoning regulations of the City of
South Miami (Ordinance No. 5 -74 -801)
Recommendation
Staff recommends approval of the request.
/am
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p Min'1CeS
�a .aINUT
`k �` ti!.i;!_•LAK ?tl:..C1 OF '1;i.': PLANNIN:I; BOARD
Meld; ourivanc c:) du+. oor.i,:e in the S-11va :,iartir. Buildinsz
TueSGAV, :1i>1;us: 9, !y8fi
3 U P '•t
Pre - iding: TIIom:IS (:honer, ;:thairmur.
Secretary: Ann Mor�;+-
A. The ieeting was call,2d to order ny Chairman Cooper at 7:30 P
and was followed by the Pledge of Allegiance to the Flag of
the united States o: America.
B. Roll call.
Present (constituting; (I uorum) Absent
John i.ndrews Bruce Hoffmann
Neil Carver
Thomas Cooper
Manuei Gutierrez
Susan Kraicri
Larry Lignmmare
Also in attendance was John Dellagloria, City Attorney and
Soheila Goudarzi, Planner.
C. Public Hearing.
PB -88 -014.
Applicant:
Christopher Cooke— Yarborough
Request:
home
Occupational
License
Location:
0802
SW 04 Ave.
Legal Description:
The
East 120 feet
of the North
1/2 of
the
North 1/2 of
the East 1/2
of the
Northeast
1/4 of
the Southwest
1/4 of
the
Southwest 1/4
less the South
20
t
thereof , all
i.n Section 25,
Towr -
silip
c=4 South, Rancre
40 East,
Dade
c,ou11t
v . 1'lorida .
Mr. Cooled— Yar►,urough ;i zned i n and addresseO the Board. !
r e a a from UrdivanCe 17- 73786, in which it permits the CiI
Council. to 11;6uu home Licenses under certain terms ai
corLdi Lions .
Mr. Cooke— :' :!rborOIL 1! '- 4L+.tc'd iii' i:. an Architect whic'r, is
ver'• low nroi i lea r:v!'t' of Occupation. 11: said there was t
objection t.+ his 1�v(IUe".t by many of his neighbors and thee:
will be n +, cxternat Sigl: on hi, retiidence. Mr. Cook(
Yarborough s:.id that ;given ri.e restrictions, as determined I
0
P i :Minutes ur.0
the Bonin, Cod:, n;� i ; in comp lance, ar.(: he woul like t
work out of ILLS 'come.
Mr. Carver ,isk,ed '•I r. Gook !- Y.irboroui;h i people woui.i
comin;; to his re.sider.co rind it 'ne wiLI have a si;n.
Mr. Cooke- Yarhi) rmii,,h ri- piie;I L!ior..' will he no uxt(!rila1 c: hanf;
to the house anti nci sign.
Mr. Guti.crrez advised fir. Cooke - Yarborough no one could b
employed at his residence, but he could have a partner.
Mr. Cooke - Yarborough said when he got to the point wher,s h
has a partner, he w i 1 1 get a proper office. He saiz!. to
clients and consultants will iiot come to his residence, as n
will go to them.
Chairman Cooper asked if zlicre was anyone present who wishe
to speak for or against this request. Hearing none, th
Publi;: hearing was closed.
Chairman Cooler asked for Staf� :s recommendation.
Ms. Goudarzi said that Staff recommends approval.
MOTION: Larry Ligammare moved for approval.
Manuel Gutierrez seconded the Motion.
Vote: Approve: b Oppose: 0
Mr. Carver excused himself from the meettng.
RESOLUTION No.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA GRANTING A REQUEST TO
BUILD 2,100 SQUARE FEET ± TO HOUSE A PERMANENT
MAGNETIC RESONANCE IMAGING OPERATION WHERE AS MOBILE
UNIT IS PRESENTLY LOCATED, SAID REQUEST CONSTITUTING A
MAJOR CHANCE TO A PLANNED UNIT DEVELOPMENT PURSUANT TO
SEC. 20-5.12 (F) (1) OF THE LAND DEVELOPMENT CODE OF
THE CITY OF SOUTH MIAMI; SAID REQUEST BY SOUTH MIAMI
HOSPITAL INC. TO THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 7400 S.
W. 62 AVENUE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY
DESCRIBED HEREIN
WHEREAS, South Miami Hospital Inc. requested the Planning
Board of the City of South Miami to build 2,100 square feet ± to
house a permanent magnetic resonance imaging operation where a
mobile unit is presently located, said request constituting a
major change to a planned unit development pursuant to sec. 20-
20 -5.12 (F) (1) of the Land Development Code of the City of South
Miami for the property known as 6285 Sunset Drive, South Miami,
Florida, 33143, which property is legally described in the
attached Exhibit "An;
WHEREAS, on May 28, 1991 the Planning Board voted to grant
the request by a 5 - 0 vote; and
WHEREAS, the City Commission Staff Report indicated the
request meets all requirements of the Code;
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 South Miami Hospital Inc. to
the Planning Board of the City of South Miami to build 2,100
square feet ± to house a permanent magnetic resonance imaging
operation where as mobile unit is presently located, said request
constituting a major change to a planned unit development
pursuant to sec. 20 -5. (F) (1) of the Land Development Code of
the City of South Miami for the property known as 6285 Sunset
Drive, South Miami, Florida, 33143 be, and the same is, hereby
granted.
PASSED AND ADOPTED this _th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2
The Chairman called for a vote.
Mr. Gutierrez, yes; Mr. Eisenhart, yes; Mr. Parr, yes; Mr. Lefley,
yes: Mr. Ligammare, yes.
Vote on the amendment: Approved: 5 Opposed: 0
Mr. Gutierrez, yes; Mr. Eisenhart, no; Mr. Parr, yes; Mr. Lefley,
yes; Mr. Ligammare, yes
Vote on entire motion: Approved: 4 Opposed: 1
(Eisenhart)
Chairman Ligammare called for a brief recess.
PB -91 -017
Applicant: South Miami Hospital
Request: Build 2,100 square feet ± to house a permanent
Magnetic Resonance Imaging (MRI) operation where the
mobile unit is now located; constitutes a major
change to the P.TJ.D. agreement.
Address: 7400 SW 62 Avenue
South Miami, Florida
Mr. Bill Enright signed in representing South Miami Hospital. Mr.
Enright explained that for the past year or so, a mobil unit has
been brought in for this service. This method is found to be
inadequate now, as it is needed daily for both in aw0m0tr patients.
The addition of this structure will not add any square footage to
the original PUD allocation. This will become a part of the
-z and x -ray departments. It will decrease rather than
increase traffic. B & Z Director explained that this item appears
before the Board is because, under the City's present Land
Development Code, the definition of a "major change" includes
redistribution of square footage. Since there was no footprint
indicated at that specific locaition, the "major change" procedure
must be followed.
Mr. Eisenhart asked what percentage of time is this equipment being
used. Mr. Enright said that when the equipment is there, it is
used 100% of the time. It would be used more often if it were
permanently on the site. There is no way to predict exactly when
a test of this type will be needed. Up to now, this has meant
keeping patients in the hospital an extra day or two, until the
mobile unit was in place. Also, the mobile unit is not as good as
a fixed base unit would be.
PB Minutes 23 05 -28 -91
The Chair called the Public Hearing to a close and Executive
Session in order.
A staff report was requested. Ms. Lama stated that the application
meets all requirements of the Land Development Code.
Mr. Lefley asked whether or not this equipment could be shared with
other hospital, such as Larkin Hospital. Mr. Enright said that
this does happen, based on need. Larkin Hospital is a small
surgical and psychiatric hospital, without the technological needs
as South Miami Hospital.
Mr. Gutierrez made a motion to approve the application as
requested. Seconded by Mr. Parr.
Mr. Eisenhart said that since South Miami Hospital is asking for
a major change to their PUD, he recommends that the hospital be
shared, at cost, with Larkin Hospital, if they so request.
Amendment dies for lack of a second.
The Chair called for a vote on the original motion.
Lefley, yes; Parr, yes; Gutierrez, yes; Eisenhart, yes; Ligammare,
yes.
Vote: Approved: 5 opposed: 0
E. Remarks:
Mr. Gutierrez stated that, even though he is a member of this
Board, he firmly believes that government should not become
involved in the individual and private lives of people. He is in
favor deciding upon issues before the Board and not attempting to
run businesses or infringing, in any way, in what they may be
trying to do. This is simply a Board and should not be made any
more or less than what it is. These are his strong feelings and
that government has a tendency to go overboard in these matters at
times.
Mr-Lefley said that, if Mr. Gutierrez feels this way, why not
dispense with.the zoning code? Hr. Lefley stated that many people
feel that a zoning code is a major infringement upon an owner's
rights. Mr. Gutierrez said that lie is speaking about over reacting
and over -use of the zoning code. He referred specifically to this
evenings procedures as an example of his interpretation of over
reacting.
PB Minutes 24 05 -28 -91
LEGAL DESCRIPTION
LOTS 1 THOURGH 11 AND THE NE 1/2 OF LOT 12, BLOCK 3, "OAK
HEIGHTS ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 46, AT PAGE 64, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
AND
LOTS I THOURGH 5, LOTS 23 THOURGH 26 AND THE SOUTH 1/2 OF LOTS 6
AND 22, "REVISED POINCIANA PARK ", ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 41, AT PAGE 41, OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA:
AND
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 36, TOWNSHIP 54 SOUTH, RANCE 40 EAST, DADE COUNTY, FLORIDA,
LYING NORTHWESTERLY OF THE METRORAIL RIGHT -OF -WAY, LESS THE NORTH
25 FEET AND THE EAST 35 FEET THEREOF,-ALSO LESS THE EXTERNAL AREA
FORMED BY 15.00 F00T RADIUS ARC CONCAVE TO THE SOUTHWEST, TANGENT
TO A LINE 25 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 36, AND TANGENT TO A LINE 35 FEET WEST OF AND PARALLEL TO
THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 36; THE WEST
1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 36 LYING NORTHWESTERLY OF THE METRORAIL RIGHT -OF -WAY;
AND
THE FOLLOWING PORTIONS OF WILLIAM A.H. HOBBS SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4,
AT PAGE 111, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA:
LOTS 6 THROUGH 14; THE EAST 50 FEET OF LOT 15; LOTS 26 THROUGH
29: A SIXTY FOOT WIDE STRIP SOUTH OF AND ADJACENT TO LOTS 8 AND
9, ALSO KNOWN AS SOUTH STREET; EAST AVENUE LESS THAT PORTION
LYING WITHIN 50 FEET OF THE NORTH LINE OF THE NORTHWEST 1/4 OF
SECTION 36, TOWNSHIP 54 SOUTH, RANGE 40 EAST, TRACT 2, LESS THE
SOUTH 25 FEET AND THE EAST 35 FEET THEREOF, ALSO LESS THE EXTERNAL
AREA FORMED BY A 25.00 FOOT RADIUS ARC CONCAVE TO THE NORTHWEST,
TANGENT TO A LINE THAT IS 25 FEET NORTH OF AND PARALLEL TO THE
SOUTH LINE OF SAID SOUTH TRACT 2, AND TANGENT TO A LINE 35 FEET WEST
OF AND PARALLEL TO THE EAST LINE OF SAID TRACT 2: LOTS 18 THROUGH
25 LESS THE EAST 35 FEET THEREOF; THE EAST 50 FEET OF LOT 16, LESS
THAT PORTION DESCRIBED AS PARCEL 48 AS CONTAINED IN OFFICIAL RECORDS
BOOK 4763, AT PAGE 689, OF THE PUBLIC RECORDS OF DADE COUNTY,. FLORIDA,
ALSO LESS THAT PORTION CONTAINED IN CIRCUIT COURT MINUTE BOOK 769,
AT PAGE 608, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LOT 17,
LESS THE EAST 25 FEET THEREOF, ALSO LESS THAT PORTION DESCIBED AS
PARCEL 46 AS CONTAINED IN OFFICIAL RECORDS BOOK 4774, AT PACE 296,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
ALL LYING AND BEING IN THE CITY OF SOUTH MIAMI, DADE COUNTY, FLORIDA.
Lw_
I I
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, May 28, 1991, at 7:30 P.M. in the Commission Chambers,
the Planning Board of the City of South Miami will conduct a Public
Hearing on the following matter.
PB -91 -017
,,, Applicant: South Miami Hospital
Request: Build 2,100 square feet t to house a permanent
Magnetic Resonance Imaging (MRI) operation where the
mobile unit is now located; constitutes a major
change to the P.U.D. agreement.
Address: 7400 SW 62 Avenue
South Miami, Florida
Legal • LOTS I 'NOLOCk 11 AND W NC 1/3 OF LOI tt. 8LOCX 3. *OAK
NE�011S ACCORDING TO THE FLAT WIICOF. AS RICOIID[0 x KAI
DOOK K. AT FAQ f♦, O M RRLR RCOOS OF OWE MOTT. FLOIOA:
AND
LOTS 1 POlN01 >. LOTS 73 THOR01 24 AND THE SOIIH In OF LOIS f
NO 2T.'REVISED POINCIANA PAM'. ACCORDING TD M PLAI TKKOF.
AS RECOIOED IN RAT a" A1. AT PACE 41, OF M PMFUC PCCOROS
OF OAOE COUNTY. FLORIDA:
AND
x SOUXIST 1/4 or THE NORMASI 1/4 of THE NORINPEST 1/1 or
SEC11S1 36. :CPNW 54 SDUIIL RANGE W CAST. DAOE COUNTY, PLOROA.
LYING PORMIESTERLY OF THE NCIMAE "T-CF-WAY. LEA M WIN
25 FEET AIO w EASE 35 Fat xKO. ALSO LESS M [STERNAL AREA
rOREN M 1300 FOOT RANUS ARC CONCAVE 10 M WUWASI, IANMI
TD A LIE 23 FEET SOUTN OF AND PARALLEL TO THE *PTA UAL O M
SOUREAST 1/1 Of M 1101 EAST 1/1 OF M NOIINTEST 1/1 Q SAID
SCCIM -W, N" 104M to A LINE 35 FEET 1051 O AND PARALLEL 10
M EAST LX OF M NONTHKST 1/4 OF SAID SECTION A M NEST
In or TNC'0fKAST VA O TNC SOUTHEAST 1/4 or M NLTRMEST I/A
OF SAO SEC "ON 36 LING bMWSTERLY OF THE YCTIIOIAE AOIf -Q -NAT:
AND
TIE FOLIOINNG PORTIONS OF OLLIAY AN KM SUDC A".
ACCORDING 10 M RAT TKRCOF. AS RECORDED IN KAI DOOR A,
AT PAGE W. OF THE PUDIC RECORDS OF DADE COUNTY. FLORIDA:
LOTS f 1DNW01 14: M ,1010
EAST 50 FEET OF LOT I5. LOTS 2f 111
21 A Smty Too? AIDE STRP1 SouTN OF AND AOJKCNI to Lots E AND
9. ALSO KNO" AS SOUTH STREET: EAST AVENUE LESS THAT POR110N
LTPK3 ■MM SO FEET OF M HOUt LIE O 1K NORINIKS7 1/4 Or
SECTION 36, tORN31AP 11 SOITN. RANGE 40 EASE TRACT t LESS M
SWM 25 FEET AIO M EAST 35 FEET TNEMOF, ALSO LESS M EXTERNAL
AREA FRED IT A noo Poor NAOM AMC COL[A1E 10 RE 110tDR4ST.
IWENT TO A LINE THAI IS 25 FEET NORTN Cr AN PARALLEL TO INC
9" UAS OF SAC MUST TRACT L ARID TANQUT 10 A UE 35 FELT TEST
Or NO PARALLEL to THE CAST Um( Of SAO 1191 3: LOTS 11 NODU01
25 LESS THE EAST 35 FEET IHEKor: M EAST 50 11E7 Or 101 19. LESS
IWI TWO DESCRIBED AS FARM N AS CCWIWM IN OfgAL KOM
DOGE 4TR1 At PAGE MT. O THE PURL ROADS OF DAVE CgNIT_ ROOM.
ALSO LESS 11A1 PORTION CONTAANEO IN CIRCUIT COURT IR1UIf am Jf1.
At PAM WE O M KAIC RECC OS Or OADC CORITY, FLORIDA: 101 17,
LESS THE EAST 23 FEET T EKOr, ALSO LESS OUT POW K%= AS
PAKII Af AS CONIANED IN OFICK KCOOS DOOR 41I4. AT PAM 2M
OF TSIE PUSUC RECOROS OF OAOIC COUNTY. FLORIDA:
ALL LYNN. as KING IN M OTT R WN ■AIL SAM CQRtf. RD A.
YOU ARE HEREBY ADVISED THAT iF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGS, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS3, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVES, SOUTH
MIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED 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 RESERVES THE
RIGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED. THE BOARD IS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
AT A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
ZONING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
PLANNING BOARD
P5e100 -7 BZ REV. IZ -9-61 THIS IS A COURTESY NOTICE
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APPLICANT: SOUTH MIAMt owtrow-
OWNER:
P REFERENCE: *o S CoZ Ave:
C NTS: �AsdR CwAN�.t TO F -r t.D-
CITY of SOUTH AIAMI PLANNING BOARD
94
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Compass
Sca le As Shown .
Date. 05.. M.•9�. .
Drn . W M . Chk .....
Hearing NoPa -110o n
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U4 n o.tE Y%QjCCT f.o. •�/� T TiJ _►I��.►II HOSPI TEL 9H:SI EJ.8T EVERGREEN STREET ^.� ne•••. ..e ^•• ^^ e.."
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SOUTH MIAMI HOSPITAL
LEGAL DESCRIPTION
Lots 1 through 11 and the NE 1/2 of Lot 12, Block 3, "OAK
HEIGHTS ", according to the plat thereof, as recorded in Plat Rook
46, at Page 64, of the Public Records of Dade County, Florida;
AND
Lots 1 through 5, Lots 23 through 26 and the South 1/2 of Lots 6
and 22, " Revised POINCIANA PARK ", according to the plat thereof,
as recorded in Plat Book 41, at Page 41, of the Public Records of
Dade County, Florida;
AND
The Southeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of
Section 36, Township 54 South, Range 40 East, Dade County,
Florida, lying Northwesterly of the Metrorail Right -of -Way, less
the North 25 feet and the East 35 feet thereof, also less the
external area formed by a 15.00 foot radius arc concave to the
Southwest, tangent to a line 25 feet South of and parallel to
the North .tine 'of the Southeast 1/4 of the Northeast 1/4 of the
Northwest 1/4 of said Section 36, and tangent to a line 35 feet
West of and parallel to the East line of the Northwest 1/4 of
said Section 36; the West 1/2 of the Northeast 1/4 of the
Southeast 1/4 of the Northwest 1/4 of said Section 36 lying
Northwesterly of the Metrorail Right -of -Way;
AND
The following portions of WILLIAM A.H. HOBBS SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 4, at
Page 111, of the Public Records of Dade County, Florida:
The South 9 feet of Lots 7, 10 and 23; plus that portion of
vacated S. W. 62nd Court lying to the East of the portion of Lot
10 described above, and to the West of the portion of Lot 23
described above; Lots 8 and 9; Lots 26 through 29; a sixty foot
wide strip South of and adjacent to Lots 8 and 9, also known as
South Street; East Avenue less that portion lying within 50 feet
of the North line of the Northwest 1/4 of Section 36, Township 54
South, Range 40 East; Tract 2, less the South 25 feet and the
East 35 feet thereof, also less the external area formed by a
25.00 foot radius arc concave to the Northwest, tangent to a .line
that is 25 feet North of and parallel to the South Line of said
Tract 2, and tangent to a line 35 feet West of and parallel to
the East Line of said Tract 2; Lots 24 and 25 less the East 35
feet thereof.
All lying and being in the City of South Miami, Dade County,
Florida.
City of South Miami `--' 1
6130 Sunset Drive. South Miami. Florida 33143
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
?roperty Owner :_5�_6,,_74 /40 A< P�l Signature:
-\ddress : -7 ((� 0 0 Phone Number: `
Represented By:,-g,,(,(- r61�� organization:�`���
:address: S Phone:
Architect: Phone:
Engineer: Phone:
Owner _ Option to purchase — Contract to purchase _ Copy attached?
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
Lot(s) Block Subdivision PB
Metes and Bounds:
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval V PUD Major Change
Briefly explain application and cite specific Code sections: 66-r P t72 ec,T
�T M c -zu 26 7 11ce 14 K �2l
E S l 7
--"'Letter of intent
Proof of ownership
Current survey
SUBMITTED MATERIALS
Hardship statement
Power of attorney
Site plan (7 copies)
--"'Reasons for change
Contract to purchase
Required fee(s)
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 applicant's. edge anJelief.
Date
Applicant's Signature and title
Upon receipt, applications and all submitted materials will be reviewed for
compliance with City Codes and other applicable regulations. Applications
found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY :
DATE PB HEARING
DATE FILED ACCEPTED REJECTED
COMMISSION
PETITION REQUIRED
ADVERT DEADLINE OTHER INFO PETITION ACCEPTED
7400 S.W. 62nd Avenue
Miami, Florida 33143
(305) 661.4611
SOUTH MIAMI
HOSPITAL
May 7, 1991
Ms. Sonia Lama
Director of Building and Zoning
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Sonia:
South Miami Hospital is requesting authorization to construct a 2,100 ± square foot
addition adjacent to our Radiotherapy Department. The purpose of this single story
structure is to house a fixed Magnetic Resonance Imaging (MRI) machine and related
support space. Essentially, this is the area presently being occupied by the mobile
MRI unit which comes to the hospital on a regular basis. The clinical needs of our
patients and .physicians require this fixed unit with its inherent full -time
availability.
This request will not increase square footage already approved; in fact, it is in a
footprint essentially submitted as part of our original P.U.D. which was approved
in 1985.
I have enclosed a site plan which indicates the area for the fixed MRI.
Sonia, we are ready to start A & E drawings for this project immediately, and
therefor, would like a response at your earliest opportunity.
Please call if you have any questions and thanks for your cooperation.
Sincerely,
Bill Enright
Vice President PIanning
and Projects
BE: dem
Enclosure
City of South Miami
INTER— OFFICE MEMORANDUM
TO;
William F. Hampton o ^TE: 05 -09 -91
City Manager
FROMi SUBJECT:
Sonia Lama, AIA SMH
B & Z Director
South Miami Hospital has requested authorization to construct a
± 2,100 square foot addition. This structure is to .house a
permanent MRI operation where the mobile unit is now located.
The City's Land Development Code under Section 20 -5 (F)(1)(a)
.defines a Major Change as "any proposed change which would have the
effect of increasing residential densities or redistributing square
footage or altering the height or use of development...."
Mr. Enright has indicated to me that the area will be deducted from
the total--P.U.D. approved area. In that case there will be a
redistribution of square footage from that which was included in
the approved P.U.D.
The latest approved P.U.D. plan for SMH does not include any
J=i.lding area at this location and therefore the request
constitutes a Major Change.
At your request, I have consulted with James Duncan, the City's
zoning consultant, and Mr. Duncan concurs with my opinion.
i�
1
. .
)-M-rM7
numm
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SITE PLAN
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CONTROL
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WATER
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EXIDT.
PAD. THERAPY'
`OFFICE
OFFICE
SIDEWALK
P0ADWAY
SOUTH MIAMI HOSPITAL PUD
MARCH 20, 1990
Resolution No. 54- 85- 7019\June 4, 1985
PUD Land Area: 615,199 sq. ft.
Existing Area:
Houses
11,400
sq.
ft.
Church
15,520
sq.
ft.
Main Bldg.
80,000
sq.
ft.
East Tower
80,800
sq.
ft.
Pavilion
242,000
sq.
ft.
Warehouse
9,900
sq_
ft.
South Tower(2 stories)
439,620
sq.
ft.
(DEMOLISHED AT I)
(TO BE DEMOLISHED AT II)
TOTAL EXISTING AREA
PUD Approved F.A.R. : 1.17
PUD Approved Sq. Ft.: 719,783
Lot Coverage Per PUD Approved: 42.3%
I CONSTRUCTION TO PRESENT (sq. ft.)
Child Care 606
Radiation Therapy 8,490
South Garage 247,826
Sub Total 256,922
Lot Coverage 26.8%
II PROPOSED CONSTRUCTION (sq. ft.)
Educational Bldg.
21,704
Physical Plant
9,600
Surgery Expansion
5,616
ER Expansion
9,440
North Tower
129,056
MRI Bldg.
2,100
Sub Total
177,516
Lot Coverage
37.2%
III FUTURE CONSTRUCTION (sq.
ft.)
Medical Office Bldg.
60,472
North Garage
157,421
North Tower(2 stories)
36,126
South Tower(2 stories)
20,320
MRI Bldg.
-2,100
Sub Total
272,239
Lot Coverage
42.2%
TOTAL SQ. FT. (I, II & III) 706,677
Revised May 28, 1991 1
EXISTING SQ. FT.
DEMOLITION
439,620
- 26.920
412,700
TOTAL CONSTRUCTION UNDER PUD 706,677
TOTAL EXISTING 412,700
1,119,377
SOUTH GARAGE - 247,826
NORTH GARAGE - 157,421
714,130
F.A.R. 1.1608
PARKING
PUD Approved 1501 spaces
I CONSTRUCTION TO PRESENT
Child Care
500 Beds
Total
II PROPOSED CONSTRUCTION
Ed. Bldg
Physical Plant
500 Beds
Required from I
Total
III FUTURE CONSTRUCTION
MOB
567 Beds
Required from I & II
Total
2
REQUIRED
42
875
917
111
10
875
42
1038
303
993
163
1459
TO BE PROVIDED
1499
1249
1550
l
PARKING ANALYSIS -UNDER PRESENT LDC
EDUCATIONAL BLDG.
Auditorium 3952 sq. ft.
264 Occupants @ 15 sq. ft. /Occupant
1 parking space /4 seats= 66 spaces
17752 sq. ft. @ 1 space /400 sq. ft. = 45 spaces
= 111 spaces required
MEDICAL, OFFICE BLDG.
60472 sq. ft. @ 1 space /200 sq. ft. = 303 spaces required
CHILD CARE
10506 sq. ft. @ 1 space /250 sq. ft. = 42 spaces required
PHYSICAL PLANT
9600 sq. ft. @ 1 space /1000 sq. ft. = 10 spaces required
HOSPITAL USE AT I & II
500 Beds @ 1.75 spaces /Bed = 875 spaces required
HOSPITAL USE AT III
567 Beds @ 1.75 spaces /Bed = 993 spaces required
3
STAFF REPORT
PB -91 -017
Applicant: South Miami Hospital
Request: For the construction of a 2,100 square feet to house
a permanent Magnetic Resonance Imaging (MRI)
operation where the mobile unit is now located.
Address: 7400 SW 62 Avenue
South Miami, Florida
Analysis: The new structure will not increase the total PUD
floor area. It will be added to the proposed
construction and deducted from the future one. (See
attached)
Recommendation:
The location of the permanent MRI structure is one
where no building was programmed in the PUD
approval. This re- location of square footage meets
the criteria for a major change under the City's
Land Development Code.
The request complies with the Zoning Regulations of
the City of South Miami as a proposed major change
to the P.U.D.
Represented by:
G. EB -91 -054
Applicant:
Address:
Represented by:
Gomez & Son Fence
MAJOR CHANGE TO A PUD AGREEMENT
South Miami Hospital
7400 SW 62 Avenue
Bill Enright
Mr. Enright was present and signed in. Mr. Enright advised that
the hospital utilizes a mobile MRI (magnetic imaging modality)
which parks once a week adjacent to the radiation therapy
department at the South side of the hospital. This service is not
sufficient, therefore, they are requesting to build approximately'
2100 sq ft single story addition in the same location that the
mobile MRI has been parking. This is a preliminary request. This
square footage will not add any additional area to the original PUD
as was approved in 1985. Mr. Hochstim moved to approve, seconded
by Ms. Rubin - Wright.
Vote:
4. Remarks
PE
M-
Approval: 7 Opposed: 0
Approval of the Minutes of May 7, 1991.
Adjournment.
You are hereby advised that if any person desires to appeal
any decision made with respect to any matter considered at these
hearings, such person will need a record of the proceedings, and
for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based (F.S. 286.0105).
ERPB Minutes
3
05 -21 -91
RESOLUTION NO.
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
VICTORIA ALONSO WITH REGARD TO A PORCH ADDITION FOR THE
PROPERTY COMMONLY KNOWN AS 4224 S.W. 60TH PLACE, SOUTH
MIAMI, FLORIDA 33143
WHEREAS, on April 2, 1991, the Environmental Review and
Preservation Board of the City of South Miami voted (5- 0) to
deny approval of a proposed porch addition to a single family
residence by Victoria Alonso for the property commonly known as
4224 S.W. 60th Place, South Miami, Florida 33143; and
WHEREAS, upon resubmission on May 21, 1991, the
Environmental Review and Preservation Board of the City of South
Miami again voted (7- 0) to deny approval; and
WHEREAS, Victoria Alonso appealed that decision to the South
Miami City Commission, which Appeal has now been heard;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Appeal by Victoria Alonso from a
decision by the Environmental Review and Preservation Board of
the City of South Miami on May 21, 1991 to deny approval of a
proposed porch addition for the property commonly known as 4224
S.W. 60th Place, South Miami, Florida 33143 be, and the same is,
hereby denied.
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
May 22, 1991
Applicant.--Victoria Alonso
Address: 4224 sw 60 place
Mayor Cathy Mc Cann and Commission Board:
I wish to appeal the decision of the ERPB
with regard to a porch addition For my property at
4224 sw 6o place.
hank:
ictoria Alonso
Verbatim of ERPB Minutes of 5- 21 -91.
Item B - EB -91 -040 Victoria Alonso
4224 SW 60 Place
There was no representative present.
Shaw: "Item B. Single family addition, resubmission. Victoria
Alonso. 4224 SW 60th Place. No one here on that application but
we will go forward with it. Bill, do you happen to have the
Minutes on this one to know, or Pat, to know what we asked them to
do?
Mackey: "It's from last week, I think.
Shaw: " Would you read into the Minutes, please, what we talked
about.
DeLisa: "Are we on Item B or Item A?
Shaw: "Item A.
DeLisa: "There was no one to represent them. Following a lengthy
review by the Board, Mr. Hochstim made a motion to deny, due to
insufficient information. Seconded by Ms.Wilson. Mr. Hochstim
asked that the applicant appear in person to make his presentation
and that he consider creating a band around the window to match the
ones that are ......
Mackey: "Item B. The meeting of April 2nd.
DeLisa: it That was EB -91 -040. 'There was no one present to
represent. Ms.Rubin- Wright moved to deny, seconded by Mr. Hochstim,
stating that this addition totally destroys the character of the
building by eliminating the good features of the structure which
already exist. The entrance is now incompatible with the nature
of the building.' And, then after the vote, 'Mr. Saez added that
the proposal to place a flat roof over the entry area has no
relation to the 'mission style' of the structure itself, therefore,
he is voting against the application.
Shaw: "I wonder what the changes are, do you know, Bill, what they
are?
Mackey: "Basically, it is the look of the building. Before, they
had, like squared openings and now the openings reflect, kind of
the architectural style of that period with the, I'm going to
forget the term, but, you know, the segmental arches and those kind
of things.
Jesmer: "That's fine but I think if you'll look at this you're
going to find the steel tube will fall outside their new block,
assuming that's block. I don't know what they're doing.
A OAi;570
Shaw: "Which side faces the street? Is the east side facing the
street? Oh, you've got the old plan.
Mackey: "Everyone has one old set and one new set.
Shaw: "Okay, that's what happened, we've got one old set and one
new set, gang.
Jesmer: :Bill, is the reason why they are before us because there's
something going on, even though it's at the back of the house
'cause it faces the street?
Wilson: "I wonder why they have the relatively..I wonder why this
large arch at the left is , obviously not a garage behind it.
Wolfsohn: " why are we not keeping..
Wilson: "I'm just wondering why. There should be some reason.
There is a portion of discussion, at this point, which cannot be
transcribed since there are several member of the Board speaking
at once and not into their microphones.
Wilson: "Why is that left arch ...
Hochstim: "Why is what?
Wilson: "That left arch enough for a car but it's not a garage?
If this is an entirely new structure, there's not a re- building.
Shaw: " Well, they're enclosing the garage so they won't be putting
a car in there.
Hochstim: "Yes, so that's making a terrace out of it.
Wilson: "Yes, but isn't that all new? That's what I'm told.
Hochstim: All this is new.
Wilson: "Yes but why....
Hochstim: "Why is this wider, because that's the entrance.
Wilson: 110h, okay, alright.
Greene: I'd say the plan and the elevations don't quite match each
other. I don't know why.
K
Hochstim: It's bad. It's better than what it was but it's not
good. Do we have the photos? They're on the right track.
Slightly off track but on the right track.
Greene: Yes, that's true.
Wolfsohn: "There's still something wrong with it and I don't know
what it is.
Hochstim: "It's lousy.
Wolfsohn: "Maybe it's because it's a continuation of the same roof
line.
Hochstim: "No, it's the proportions and the location of arches in
relationship to the indentations on that .... I think what they're
trying to do is too much. I don't think they need to do all'that
funny thing. Just a simple straight line across will do the trick.
Even arcades rather than...
Shaw: "Are we ready for a motion?
Wolfsohn: "No.
Shaw: "Any motion.
Hochstim: " I wou
design, period.
Shaw: "Do I have a
Wolfsohn: "Oh, why
Shaw: "Okay;, we
discussion.
Jan, do you want to go ahead?
Id move denial based on poor quality of the
second?
not, I'll second that.
now have a second. Now, we're open for
Wolfsohn: "Jan, can we give them, yea, direction?
Hochstim: "I have an alternative...
Shaw: :Pat, is this coming in on the tape because everybody's
standing up?
DeLisa: "If you're not talking into it, you won't be on tape.
Greene: "I just wanted to say that, even though I think it's
worthy of denial, I think they're going in the right direction and
maybe that ought to be told to the applicant but one obvious thing
is that the plans and elevations don't match one another and the
treatment of the new porch is erratic, to say the least. It needs
to be unified.
3
V
Hochstim: "I think my suggestion would be to forget about that
gable, just make a nice straight line and simplify the arcade.
They don't need to do, I mean that one pitch to gable on top is
sufficient. They don't need to repeat it at the bottom. If they
want to repeat it, they should repeat it at the entrance, the most
important arch, not pick up the center of the building.
Shaw: "Notice, on the old plan, they did have that, Jan.
Hochstim: "Well, but they had an overhang, see they had this kind
of an overhang. They didn't have a parapet. It's out of
character. The other thing I would say is that, there's no details
as to the arches. They show the detail of the parapet but how do
the arches form, there's no way of the Building Department to find
out ... how can they even issue a permit for it? If it's just a
little stucco treatment in front with a beam behind it, that's
going to be terrible.
Wilson: "I wonder if these two ladies who came in are with this?
Alonso: "Is that for Victoria Alonso?
Shaw: "Would you sign in and state your name and address for the
record? Talk right into the mike and give us your name and address
if you would. You'll have to stand real close.
Sally • "My name is Sally I am Victoria's daughter
and she brought her survey, I think it's missing.
Mackey: "That's something I require so that's fine. The Board
doesn't need to worry about that. They're questions are concerning
the aesthetics of the proposal. And it's good that you're here
because that's what they're discussing.
Hochstim: "I think that we feel that the move from the last design
to the new design is an improvement but it's still not there yet.
It's still lacking the quality that the old building has. The
existing building has certain qualities that, I believe, you're
trying to capture which is alright but there are some questions
regarding the arches that you're building, three small arches and
one flat arch.
Shaw: Jan, maybe they could come up and you could show them.
Bring your mike. Can you pull that mike out? Then, why don't you
walk over here, right over here, go right over there and Jan has
some suggestions and then perhaps the others will...
Hochstim: This is an improvement. It is much better than what
you had before. I don't understand why this arch is different than
these since you don't have a garage anymore.
4
r
Sally: "The reason why they did it so wide is that's the entrance
door and she wanted to be able to look out from the windows out to
the front of the home.
Hochstim: "Then this feature should be over here, not there.
Sally: "What the architect did was he was trying to match the ...
Hochstim: "No, he's not an architect. He's an engineer. That's
the problem, that's the whole problem.
Sally: " He's charging us an awful lot for ....
Hochstim: "He's an engineer, not an architect. This is okay in
that building but if you want to emphasize that entrance then this
thing should happen here and that should be flat. There's no
reason to repeat this thing. That's one way to do it. The other
way to do it is to keep .... to make three big ones.....
Sally: "That's sliding glass window in here.
Hochstim: "So why have small arches. They don't relate. You see
these arches don't fit underneath this gable right now. They
just ... and then this one is off, this one starts here ....
Sally: "You mean it doesn't match what's behind it?
Hochstim: "This treatment on the roof, it does not match with the
arches.
Shaw: "If they run a straight line across, it will eliminate
the....
Hochstim: I think that might be a simpler way to do it.
Sally: "This is the thing. We had that done like that the last
time.
Hochstim: "The overhang. You had an overhang.
Sally: "It was flat.
Hochstim: "No, but it was overhang, like this. Now, you have, you
see, you had an overhang on this.
Sally: "So, what you're asking for is .....
Hochstim: "What you're doing here is fine except you don't need
all that fuss on top. Keep it with the parapet, straight across.
5
Sally: "So, just keep it-flat?
Hochstim: "Not flat, you still have a parapet, still at that
height.
Wolfsohn: "You call this a parapet?
Sally: "Take this off, keep it together.
Hochstim: "Sweep it high, keep it high, just like you have it over
here.
Wolfsohn: "This little thing that's jutting out here is called the
parapet. He wants you to leave that and just continue .....
Hochstim: "That's one way to do it. We shouldn't be designing it
for you. The person you're paying should. It could be just a
simple thing like that or a double line. And then avoid the
relationship between this and that, because right now it doesn't
match. All that could be one even line across, all the way across.
That's okay over there. If this arch were over here then this
makes sense. If this large arch was over here, then the small
arches on this side but the way it is right now this big arch ...
the other thing is we don't know what these arches are made of.
Stucco?
Sally: "Wood and stucco.
Hochstim: "Wood and stucco, but this doesn't show it.
Jesmer: "I'd like to see details of it.
Wolfsohn: "Plywood with...
Hochstim: "Lath and stucco. Yes, but there are not details showing
how the arches are made.
Sally: "They didn't show it there?
Hochstim: "No.
Sally: "Could write that in there for me.
Shaw: "In the motion.
Hochstim: "We'll put it in a motion.
Greene: "Jan, he calls out the arch construction on the floor plan.
Hochstim: "Where do you see that, Stan?
0
t �
Green: "Sheet I, the existing.... the foundation plan, actually, is
what it's labeled as.
Hochstim: "On the right side, 2 x 4 non bearing partition with wire
lath stucco over plywood?
Greene: "Yes.
Jesmer: "Yes, but that should be X -grade plywood.
Hochstim: "I think he has to come .... he has to make a change
anyway, so..
Greene: "And then on the existing, I mean the floor plan, the plan
just above that, he shows the roof structure with an overhang,
which doesn't exist.
Hochstim: "That's right. That's totally wrong.
Greene: "And, while you were talking about arches, the two side
arches which we may not really be discussing are different than
the three, I mean the two different front arches.
Hochstim: "Yes, each one is different. These arches have rounded
edges and this one has this kind of edge. Each one is different.
This is different than that.
Jesmer: "They all have different radiuses.
Sally: "She wants to make sure she can leave these..... here.
Hochstim: "Sure, oh sure.
Victoria: " ....I make the......
Sally: "You can leave it as long as ....
Hochstim: "If you like this thing, you see, the problem is this
designates the center and nothing happens in the center. This is
the important entrance so that should have been over here, you see,
and then flat. That could be done. And then straight across, you
have an option of doing this. My motion was to deny and I'd like
to request that the ....this is part of discussion, I guess but as
information for the applicant where the option is to eliminate the
gables and dips in the parapet and keep the parapet straight across
and keep the three small arches with the full radius, semicircle,
and the two front large arches, (one arch in the front, one on the
side) be flat arches with rounded ends to be consistent with each
other and the other option is to come up with another solution with
a gable over the large arch rather than a gable in the middle and
then the structure has to be shown for the construction of the
arches.
7
1��
Shaw: "Any further discussion? If not, on the motion, Phil, how
do you vote?
Jesmer: "I'm having some amount of confusion. The original motion
was to deny?
Shaw: "Yes.
Jesmer: "Subject to resubmittal? Alright, before I vote, the only
thing I'd like to add is I'd like to see a detail of the connection
of the column to the stud and so on because you want to make sure
that they're going to be protected in the future with some pressure
treat or something in there and the cracking possibilities.
Shaw: "Okay, we'll make note of that.
Jesmer: "Yes.
Hochstim: "Yes.
Wilson: "Yes.
Wolfsohn: "yes.
Rubin - Wright: "Yes.
Greene: "yes.
Shaw: "The motion carries, one, two, three, four, five, how many
of us are there? Seven. Seven - zero. You folks will need to
resubmit and check with staff and they'll tell you when you'll be
back on the agenda. Thank you very much."
8
Verbatim, ERPB Meeting, 04 -02 -91
Item D. EB -91 -040 Victoria Alonso Open Terrace
4224 SW 60 Place
There was no representative present.
Chairman Saez: "Then we have Item D. This is an open terrace.
Victoria Alonso. This is incredible. The house is facing two
streets. It is right on the street on one side. What are they
asking for?
Jesmer: "Open terrace.
Hochstim: "No, it's got columns.
Saez: "It's a porch, is what it is.
Hochstim: "It's a porch. It's an open..
Saez: "It's an open terrace in addition to the house in the front /.
Rubin - Wright: "In the front?
Saez: "Yes. Well, in one of the fronts. There are two fronts. I
wish they'd do something to the rear since it sits right on the
property line practically.
Hochstim: "It's so out of character with the house.
Saez: "Totally out of character.
Wolfsohn: "What kind of terrace are they doing? How come I don't
understand this? Is this just a slab?
Saez: "Yes. Let me explain. If you look at the upper left
photograph, we're looking at the building front. You see where
the chairs are there. Okay. What the applicant is asking for is
that he extend that roof area out and place Lally columns and pour
a slab and use it as a terrace right there, open terrace and that's
what he's asking for.
Wolfsohn: What happens to the little portico, then? That stays?
We're only talking about this little above the sliding glass door?
Saez: "We're talking about the photograph on the left upper hand
side.
Wolfsohn: "That's not the same? Yes, it is.
Hochstim: "That portico is probably another building on..
1
Wolfsohn: "You don't have the photograph that I have. That's why
I'm confused.
Hochstim: "Do we have a survey? Is there a survey?
Saez: "I mean that left upper and that's what....
Wolfsohn: "This is the same thing.
Saez: "Yes, only you're closer up.
Wolfsohn: "Okay, what happens... I'm seeing from here to here.
Saez: "Extends out here.
Wolfsohn: "So it doesn't effect this portico at all. And what is
this Lally column made of?
Saez: "Steel.
Wolfsohn: "You mean just pieces of steel?
Saez: "Yes. It covers the portico, as you call it, right here,
the entry. The guy just wants to put a flat roof across this way
with a beam in there.
Wolfsohn: "An aluminum thing?
Saez: "No. He's going for wood.
There is conversation at this where several members of the Board
are speaking at once so the text is impossible to distinguish.
Hochstim: Oh, it is a one piece. I thought it was a building in
the back.
Saez: "No, no, it's one piece. Look at the floor plan.
Hochstim: " So, with a nice little entry there.
Wolfsohn: "That's just what I said. No one has that photograph.
How come I have ..
Hochstim: "I have this one here but it looked like something in the
background.
Wolfsohn: "No, this is a close up so now the portico.. portico,
let's call it a porch, it will extend where? Up here?
Hochstim: "Well, the floor plan is so god damned confusing.
N
Saez: "Well, here's the elevation. You can see it right here.
This is the entry portico as you're going, they're going to cut it
off.
Wolfsohn: "Yes, cut off the one interesting architectural feature
of the building.
Hochstim: "Yep, they're making garbage of it. They're turning it
into garbage.
Saez: "Yeah.
Rubin - Wright: "I'd like to move disapproval and they can either
come back with more information or do drawings or both.
Saez: "I have a motion. Do I have a second.
Hochstim: "What's the motion?
Saez: "The motion is for disapproval aesthetically. It just..
Do I have a second?
Hochstim: "Yes.
Saez: "I have a second. Any discussion?
Hochstim: "Yes. I think that the discussion is that we should at
least tell the applicant that the building character is totally
destroyed, that whatever good features about the building exist
are eliminated and that the entrance to the building now is
incompatible with the nature of the building.
Saez: "I would like to add to Jan's comments as far as the
discussion is concerned that, from my standpoint, the proposal of
just placing a flat. roof over the entry area has no regard
whatsoever to the Mediterranean style of the structure itself,
therefore, I would vote against it.]
Hochstim: "May I correct you? This is not a Mediterranean style.
Saez: "Well, everybody knows it is Mediterranean here.
Hochstim: "No. Mediterranean has tile roofs. This is San Antonio.
Saez: "San Antonio style.
Hochstim: "Old mission.
I stand corrected.
3
Wolfsohn: "Mission style.
Saez: "Mission style, that is true. Okay. Any further discussion?
I would like to take a vote.
Rubin - Wright: "Yes.
Wolfsohn: "Yes.
Hochstim: "Yes.
Jesmer: "Yes.
Saez: "And one yes. Five to zero denial.
4
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L;711
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI. FLORIDA AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF S
REPRESENTING THE BALANCE OF AN AGREED ADJUSTMENT TO
FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY
BORGOGNONI OF RUDEN, BARNETT ET AL IN CONJUNCTION WITH
LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN
WHEREAS, by Resolution number 75 -90 -9102 the City Commission
authorized the employment of Gregory Borgognoni of Ruden, Barnett
et al in conjunction with litigation regarding the City's
Comprehensive Plan; and
WHEREAS, the Citv received invoices for legal services
rendered pursuant to the aforesaid Resolution for the period
ending October 1, 1990 for a total of $35,661.53, but the
Commission noted apparent discrepancies in the calculation of the
total; and
WHEREAS, on May 21, 1991, by Resolution number 69 -91 -9133
the City Commission authorized the disbursal of $ 33,011.53 to
Mr. Borgognoni pending mutual review and revision of the
invoices presented; and
WHEREAS, the City Administration has now conferred with Mr.
Borgognoni and determined the correct total to be $ ;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager be, and hereby is, authorized
to disburse the sum of S.• to Gregory Borgognoni of Ruden,
Barnett et al representing the balance of legal services rendered
in conjunction with litigation regarding the City's Comprehensive
Plan.
Section 2. The disbursement be charged to account number
2100 -5570: "Reserve for Prior Years Encumbrances ".
[�i
w
PASSED AND ADOPTED this th day of June, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
E
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DIRECTING THE CITY CLERK
TO ADVERTISE ALL PUBLIC HEARINGS CONCERNING THE LAND
DEVELOPMENT CODE IN = MIS HERALD "NEIGHBORS"
SECTION, IN ADDITION TO BEING ADVERTISED IN A
NEWSPAPER OF GENERAL CIRCULATION.
WHEREAS, Florida Statutes require advertising of public
hearings in "a newspaper of general circulation "; and
WHEREAS, a given newspaper of general circulation may, in
fact, only be read by a certain segment of the population or not
be well read within a given segment of the County; and
WHEREAS, the Mayor and the City Commission desire that
proposed changes to the Land Development Code receive the maximum
amount of public exposure possible; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
SectIgn 1. The City Clerk be, and hereby is, directed that
all advertisements of public hearings concerning the Land
Development Code of the City of South Miami be advertised within
the local "Neighbors" section of fig, Mjami Herald, in addition to
being advertised in a newspaper of general circulation.
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING THE
RECOMMENDATIONS OF THE ENVIRONMENTAL REVIEW AND
PRESERVATION BOARD REGARDING THE RESTORATION,
PRESERVATION, AND MAINTENANCE OF THE SYLVA G. MARTIN
BUILDING IN ITS HISTORIC ARCHITECTURE AND CONSTRUCTION
WHEREAS, pursuant to City of South Miami Resolution 26-90 -
9052A any expenditure from the Sylva G. Martin Community Building
Trust Fund shall be based upon recommendation of the
Environmental Review and Preservation Board and approval by three
affirmative votes of the City commission; and
WHEREAS, the ERPB has now made recommendations as to such
expenditures, including the restoration, preservation, and
maintenance of the historic architecture and construction of this
building encompassing native coral rock and exposed Dade County
pine beam ceiling, a copy of which recommendations is attached
hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Recommendations of the Environmental Review
and Preservation Board , a copy of which is attached hereto am
Exhibit "A ", be, and the same are, hereby approved.
PASSED AND ADOPTED this th day of June, 1991.
APPROVED%
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
/0
Whereas the 5ylva Martin Building is one of historic and
architectural interest and is registered as a historic building,
be it therefore resolved that:
The integrity of the building should be preserved in the original
state both interiorly and exteriorly to the greatest extent
possible. The trussed ceiling should be exposed and before any
further modifications occur, an architect should prepare a
comprehensive plan for the total project.
/P
F. EB -91 -053
Applicant:
Address:
Represented by:
WOODEN FENCE 61 -0"
Tipton Burden
6300 SW 41 Street
Gomez & Son Fence
There was no representative present. Ms. Rubin- Wright moved to
deny and ask that the applicant return with actual photographs.
Seconded by Mr.Greene, with the amendment that the photographs
include the property adjacent to where the fence will be placed and
full front photographs showing elevations. Amendment accepted by
Ms. Rubin- Wright.
Vote: Denial Approved: 7 Opposed: 0
G. EB -91 -054 MAJOR CHANGE TO A PUD AGREEMENT
Applicant: South Miami Hospital
Address: 7400 SW 62 Avenue
Represented by: Bill Enright
Mr. Enright was present and signed in. Mr. Enright advised that
the hospital utilizes a mobile MRI (magnetic imaging modality)
which parks once a week adjacent to the radiation therapy
department at the South side of the hospital. This service is not
sufficient, therefore, they are requesting to build approximately
2100 sq ft single story addition in the same location that the
mobile MRI has been parking. This is a preliminary request. This
square footage will not add any additional area to the original
PUD as was approved in 1985. Mr. Hochstim moved to approve,
seconded by Ms. Rubin- Wright.
Vote:
4. Remarks:
Approval: 7 Opposed: 0
Chairman Shaw welcomed new member Stanley Greene.
Ms. Wilson reports that, on the evening following the last ERPB
meeting prior to the City Commission meeting, she spoke with Mayor
McCann about the Sylva G. Martin Building. Mrs. McCann called Ms.
Wilson on the weekend and the two of them had a discussion on
Monday, May 20th during which the Mayor advised that it would be
helpful to the Commission if this Board would propose a resolution
on what they would like to see with the Sylva Martin Bldg. to be
presented to the Commission. On that basis, Ms. Wilson would like
a consensus from the Board on the text. She suggests saying that
ERPB Minutes 5 05 -21 -91
the ceiling should be kept as it is at this point and develop an
overall plan for the treatment of the building. Mr. Hochstim
stated that he had met with the Committee on May 20th at the home
of Mrs. Helen Margolin. Susan Redding and an unidentified lady
were also present. At this meeting, a resolution was approved
whereby the Committee would consider engaging, pro bono, two
architects, one of whom would submit a proposal with the ceiling
removed and all lighting and air conditioning as they should be
done. The other proposal with a dropped ceiling. Mr. Hochstim
feels that an architect is absolutely necessary to control the
overall scheme of things rather than do it piecemeal. Mrs.
Margolin agreed. Mrs. Margolin's original position with this
project was to raise money and would be relieved to have someone
else make these (types of) decisions. Mrs. Margolin and Mrs.
Redding will appear before the Commission tonight (May 21st) to
present this proposal to them. Mr. Hochstim will volunteer to be
one of the architects.
Mr. Shaw feels that this proposal makes a great deal of sense
inasmuch as there is so much input from so many varied people and
a funneling of responsibility and reporting will allow the actions
to be official and everyone will receive notice for various
decision making processes in the future.
Mr. Hochstim stated that he has secured the pro bono services of
an acoustical expert to give an assessment of what can be done, as
part of a total package. In evaluating acoustics, everything must
be considered, including reverberation, (sound) absorption, type
of furniture, etc. In regards to the air conditioning, Mrs.
Margolin has secured the services of an air conditioning engineer
who is evaluating the situation. Solicitation of services by the
committee members is fine,but putting it all together must be done
by someone in control.
Ms. Wolfsohn asked as to the condition of the roof. Mr. Hochstim
advised that, according to Mrs. Redding, there are some possible
leaks and some badly done patches but, the Commission is not ready
to replace the roof. Ms. Wolfsohn is concerned that the ceiling
having been removed may compound the leak problems. Mr. Hochstim
feels that a professional should make a thorough investigation of
this subject.
Mr. Greene stated that it is unfortunate that the mechanical
engineer is looking at the building before receiving guidelines as
to what the solutions might be. And, if there are roof leaks, an
acoustical ceiling will not solve the problem. The roof must be
investigated as part of the overall scheme. Mr. Hochstim agrees,
stating that everything is interdependent. Mr. Hochstim addressed
the matter of removing the paint from the fireplace facia. He
suggests that a small strip be used to experiment with various
methods of removal so as prevent deterioration of the stone and
ERPB Minutes 6 05 -21 -91
that there is still the possibility of resurfacing with a veneer
of coral rock. Ms. Wilson noted that the cornerstone of the
building is Key Largo limestone so there is a good chance that the
fireplace is Key Largo limestone, also.
Ms. Wilson, after some input from the other Board members,
presented a draft of a resolution to be presented to the Commission
(a copy of which is attached).
Mr. Hochstim stated that this is a designated historic building.
This would add impetus to retaining both the interior and exterior
as an original building.
Mr. Shaw noted that this resolution will be from the ERPB and not
the two Historic Preservation members since they were not present
and had not been able to review its content. When asked by the
Board concerning the specifics of this occurrence, Mr. Mackey said
that the Commission did not include the two Historic Preservation
members when the Commission requested the Board's review of the
Sylva G. Martin Trust Fund. Mr. Hochstim disagreed with this
decision and was advised by Mr. Mackey that he might like to talk
to the City Attorney about it.
Mr. Hochstim seconded the resolution.
Vote: Approved: 6 Opposed: 0
(Ms. Rubin- Wright left at 10:05)
Mr. Jesmer mentioned that he had visited the Miami Villa Hotel and
that they are using the suggestions made by the Board. He is
impressed with the way the hotel looks.
Mr. Hochstim noted that the Phillips 66 station on Dixie Highway
is constantly adding and changing signage to its building on a
daily basis. Mr. Macksy will alert Code Enforcement.
Ms. Wolfsohn addressed the Sylva G. Martin building again stating
that, in her opinion, the use of the back portion of that building
for Office Services is wasting space which could be allocated
elsewhere in the City Hall.
5. The Minutes of May 7, 1991 were approved as presented by
motion from Mr. Hochstim, seconded by Mr. Shaw.
Vote: Approved: 6 Opposed: 0
6. Adjournment.
Chairman
ERPB Minutes
Secretary
7 05 -21 -91
RESOLUTION NO. 26 -90- 9052 -A
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI AMENDING THE RESOLUTION
ESTABLISHING A SYLVA G. MARTIN CO11MUNITY
BUILDING TRUST FUND BY REQUIRING THREE AFFIRMATIVE
VOTES FOR ANY EXPENDITURES FROM THE FUND.
t4HEREAS, the City of South 'Miami has named the Sylva G.
Martin Building in honor of one of the City's most distinguished
and revered public servants; and
WHEREAS, the City has created a Building Trust Fund and
deisres to require three (3) affirmative votes to exnend any
money from the Trust.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That all expenditures from the Sylva G.
Martin Community Building Trust Fund shall be based upon
recommendations made by the City's Environmental Review and
Preservation Board and approved by three (3) affirmative votes of
the City Commission.
PASSED AND ADOPTED this 3rd day of March , 1990.
APP VED
MAYO R
ATT9T.
I CLERK
tAD AND APPROVED AS TO FORM:
CITY ATTORNEY
/0
u
RESOLUTION NO. 26 -90 -9052
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI ESTABLISHING A SYLVA G. MARTIN
COMMUNITY BUILDING TRUST FUND.
WHEREAS, the City of South Miami has named the Sylva G.
Martin Building in honor of one of the City's most distinguished
and revered public servants; and
WHEREAS, in order to help restore and maintain the
building and grounds which have been given historical designation
by the City, the City desires to establish a trust fund for these
purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a Sylva G. Martin Community Building
Trust Fund be established for the purposes of restoration,
rehabilitation, renovation and maintenance of the site.
Section 2. That all expenditures shall be based upon
recommendations made by the City's Environmental Review and
Preservation Board and approved by the Commission.
Section 3. That the Finance Director, shall establish
an interest - bearing account entitled: Sylva G. Martin Community
Building Trust Fund Account.
Section 4. Funding shall come from community donations.
PASSED AND ADOPTED this Fth day of March 1990.
APPROVED:
Y0R
ATTEST:
Y� V
;Y CLERK
READ AND APPROVED AS TO FORM:
10 -_�_ Cv
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
ADMINSTRATION TO GRANT AN EXTENSION FOR A TEMPORARY
SIGN PERMIT TO UNIVERSITY CHRISTIAN CHURCH
WHEREAS, Section 20 -4.3 (C)(1) to the Land Development Code
of the City of South Miami provides for issuance of permits for
temporary signs not to exceed 30 days; and
WHEREAS, University Christian Church applied for and
obtained a temporary permit for a sign on April 15, 1991, which
sign was duly removed as required on May 15, 1991; and
WHEREAS, University Christian Church has requested an
extension of an additional 30 days for the sign which advertises
its child care and summer camp; and
WHEREAS, the Mayor and the City Commission believe the
granting of an additional 30 day extension will be in the best
interests of the community;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY.
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Administration be, and hereby is,
authorized to extend the temporary sign permit for child
care /summer camp of University Christian Church for an additional
30 days from
PASSED AND ADOPTED this th day of June, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
IT ATTORNEY
Mayor McCann (Page 2)
We are non - profit, and have started the Chilaren's
Center as an outreach of the University Christian
Church, and as a community service.
For these reasons, we hope that you will consiaer our
request to erect our sign for another 30 day period.
Sincerely yours,
♦ J J V l
Kathleen Sorenson
Director, Christian Children's Center
KS /fng
Enclosure
7 May 20. 1991
The Honorable Cathy McCann, Mayor
A6 South Miami City Commissioners
City of South Miami
6130 Sunset Drive
NIVERSITY South Miami , F 1 or i da 33143
CHRISTI_k -N
Dear Mayor McCann and City Commissioners:
CHURCH
On April 15, 1991, you permitted us to attach a
(Disciples of Christ) temporary sign to our church building to advertise our
6750 SUNSET DRIVE child care and summer camp registration. We removed
SOUTH MIAMI the sign, according to regulations, on May 15.
FLORIDA 33143
However, we are applying for an extension of the
(305) 661 -6666 temporary sign permit for the following reasons:
This temporary sign is neatly lettered and mounted
unobtrusively on the wall. (See attached
photograph)
Beyond the limits of the City of South Miami,
just west of the University Christian Center,
are several child care centers who have a number
of temporary signs of all varieties directly on
Sunset Drive and on 72nd Avenue. We want to be
included in the search for quality day care and
believe our sign will ensure this.
Although our church is in a residential zone, we
are located on the corner of 67th Avenue and
Sunset Drive. That location is three quarters
non - residential, with Ludlam Elementary School
on one corner, a large office building and church
on a second corner, and our University Christian
Church on a third corner.
city of south Miami
INTER — OFFICE MEMORANDUM
ro: Mayor and Cit m�s�'ion DATE: May 31, 1991
1
FROM: William mpton SUBJECT:
City M r
Temporary Sign
Extension Request —
University Christian
Church
The initial temporary sign authorization for the University
Christian Church expired May 15, 19911. The Church request for
for an extension was not considered at the May 21, 1991
Commission meeting. The Commission's instructions were to bring
this item back June 4. I will bring the matter up under
Manager's reports.
WFH:ec
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING TWO (2) NEWSRACK LOCATIONS
WITHIN THE CITY OF SOUTH MIAMI PROPOSED BY THE PUBLISHER OF
"APARTMENTS IN COLOR" AND "THE RENTAL BOOK"
WHEREAS, by Ordinance No. 12 -90 -1451, adopted August 21,
1990, specific requirements for the placement, installation and
maintenance of newsracks in the City of South Miami were enacted;
and
WHEREAS, pursuant to that Ordinance, the publisher of
"Apartments in Color" and "The Rental Book" has submitted two (2)
proposed locations attached hereto as Exhibit "A "; and
WHEREAS, the City Manager has approved the locations as
having met the requirements of the aforesaid ordinance; and
WHEREAS, the Ordinance further requires the approval of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the two (2) proposed newsrack locations set
forth in the attached Schedule "A" submitted by the publisher of
"Apartments in Color" and "The Rental Book" be, and the same
hereby, are approved.
PASSED AND ADOPTED this day of , 1991.
APPROVED:
ATTEST:
MAYO R
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
i
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NEws��K �M.�•�
#1
C�l
N�WSR�K Cjz•b.) .i�
City of Souiti Miami
INTER— OFFICE MEMORANDUM
TO: William Hampton D^TE:
5 -3 -91
City Manager
FROM: Sonia Lama, AIA 4 SUBJECT:
The Rental Book
B & Z Director & Apts in Color
Newsrack
The publisher of Apartments in Color and The Rental Book has
requested approval for a newsrack at each of the following
locations:
1. Lee's Pharmacy Sunset Drive & 59 Place
(The Rental Book)
2. Eckerd's Sunset Drive & 58 Avenue
(Apts in Color)
1;(
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, APPROVING FOUR (4) NEWSRACK LOCATIONS
WITHIN THE CITY OF SOUTH MIAMI PROPOSED BY "SHOW AND SELL"
NEWSRACKS.
WHEREAS, by Ordinance No. 12 -90 -1451, adopted August 21,
1990, specific requirements for the placement, installation and
maintenance of newsracks in the City of South Miami were enacted;
and
WHEREAS, pursuant to that Ordinance, "Show and Sell"
newsracks has submitted four (4) proposed locations attached
hereto as Exhibit "A"; and
WHEREAS, the City Manager has approved the locations as
having met the requirements of the aforesaid ordinance; and
WHEREAS, the Ordinance further requires the approval of the
City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the four (4) proposed newsrack locations
set forth in the attached Schedule "A" submitted by "Show and
Sell" newsracks be, and the same hereby, are approved.
PASSED AND ADOPTED this day of , 1991.
APPROVED:
ATTEST:
MAYO R
City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
' r
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I'
I
v� �,N•w �IyM�N
City of South Miami
INTER — OFFICE MEMORANDUM
TO: William Hampton DATE: 5 -3 -91
City Manager
FROM: Sonia Lama, AIA SUBJECT:
Show -N -Sell
B & Z Director Newsracks
Show -N -Sell has requested approval for newsracks in the
following locations:
1. Lee's Pharmacy
2. JJ's American Diner
3. Eckerd's
4. Bakery Centre
X1 Q //
/ 1
Sunset Drive & 59 Place
Sunset Drive & 58 Court
Sunset Drive & 58 Avenue
Sunset Drive & 57 Avenue
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_ _ .J- �J' � iY _�J�LNp llC; C�,J�,IN�� G� •�
ORDINANCE NO.
r �
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 20 -5.5 AND ADDING SECTION 20 -5.9 (H)
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH
MIAMI, FLORIDA TO PERMIT THE DIRECTOR OF THE BUILDING
AND ZONING DEPARTMENT TO GRANT ADMINISTRATIVE
VARIANCES FOR RESIDENTIAL DISTRICTS UPON THE APPROVAL
OF THE CITY MANAGER; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
WHEREAS, section 20 -5.5 of the Land Development Code
currently provides that variances can only be granted by the
City Commission following application to, and hearing before, the
Planing Board; and
WHEREAS, the Mayor and City Commission of the City of South
Miami, Florida desire to develope an atmosphere of cooperation in
the pursuit of solutions of difficult residential site planning
problems; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for the Director of the City's
Building and Zoning Department to grant variances upon the
approval of the City Manager upon the conditions and in the
circumstances hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20 -5.5 "APPLICATIONS REQUIRING PUBLIC
HEARING" of the Land Development Code of the City of South Miami
be, and hereby is, amended to add the words "except as provided
in section 20 -5.9 (H)" following the word "variances" in the
first paragraph.
Section 2. Section 20 -5.9 "VARIANCE APPROVALS" of the Land
Development Code of the City of South Miami be, and hereby is
amended to add the following section 20 -5.9 (H):
(H) Administrative Variancem
The Director (hereinafter "the Director ") of the City
of South Miami Building and Zoning Department
(hereinafter "the Department ") shall have the power to
recommend, in the application of any provision of this
section, where no adjoining property rights are
Interfered with, under the conditions stated in this
section, and in all permitting single - family, duplex,
and town house use, upon application duly made, and
upon the approval of the City Manager, the Director
may, by administrative decision, approve any "non -use
variance" request.
(1) A "non -use variance', may involve matters such as
setback lines, frontage requirements, subdivision
regulations, height limitations, lot size restrictions,
yard requirements, and other variances which have no
relation to change of use of the property in question.
Requests varying setbacks, spacing, and lot coverage
requirements from those specified elsewhere in the
zoning regulations may only be approved providing that
they do not exceed the following:
(a) That the setback required is not reduced below
fifty (50) per cent of that normally required.
(b) That the lot coverage is not increased by more than
twenty (20) per cent of that normally permitted.
(C) That the spacing requirement between principal and
accessory buildings is not reduced below fifty (50) per
cent of that normally required.
(2) Notwithstanding any other provision of this
chapter, in any district upon application duly made,
the Director of may, by Administrative decision,
approve any "non -use variance" request or "special
exception" form zoning regulations on parking
requirements for any property designated as an
historical site. Such requests may be approved
providing that "non -use variance" requires do not
exceed the standards set forth in sub - section 1 above
and that " special exception" from zoning regulations
on parking requirements requests do not reduce parking
below thirty (30) per cent of that normally required.
Further, the requirements of sub - section (f) below
shall not apply to administrative variances granted to
designated historical sites pursuant to this section.
(3) The Director may vary the setback requirements for
screened enclosures, tennis courts, swimming pools and
other accessory structures or uses providing that the
setback required is not reduced below fifty (50) per
cent of that normally required.
(4) In recommending the variance, the Director shall
find:
(a) That the variance will be in harmony with the
general appearance and character of the community.
(b) That the variance will not be injurious to the area
involved or otherwise detrimental to the public
welfare.
(C) That the proposed addition is designed and arranged
on the site in a manner that minimizes aural and visual
impact on the adjacent residences while affording the
applicant a reasonable use of his /her land.
(5) Application. The application for variance shall be
made by the fee owner of the property on a form
prescribed by the Department and shall be submitted to
the Department. The application shall include an
accurately dimensioned plot use plan showing the
existing structures on the subject property, the
location of the proposed addition, the general location
and use of existing structures on the adjacent property
from which the variance is being requested. The
application shall include a letter of intent explaining
the reason and justification for the proposed addition
and variance. The application shall be accompanied by:
(a) Tha consent of all the owners of all adjacent or
abutting lot(s) to the subject property, and
(b) The consents shall also include the owner of the
lot(s) immediately across the street from the subject
site.
(6) Review of the application. Upon receipt of the
application for variances, the Director, prior to
making his /her recommendation, shall have a staff
member of his /her Department inspect the site of the
subject property and the surrounding properties to
determine what impact, if any, the proposed addition
will have on the area. The staff member shall attempt
to personally contact the residents and /or owners of
the adjacent properties including the property or
properties immediately across all adjacent streets, for
the purpose of collecting additional information
relevant to the application.
(7) Decision. Upon receipt of all necessary information
including a staff report, the Director shall review the
information and recommend to the Manager approving,
modifying or denying the request. A copy of the
Manager's decision shall be published in a newspaper
of general circulation. All approvals or modifications
shall not be effective until fifteen (15) days after
the Manager's decision is published in a newspaper of
general circulation. A courtesy notice containing the
decision of the Manager may be mailed to adjacent and
abutting property owners of record, their tenants or
their agents, that are duly noted on the application.
The failure to mail or receive such courtesy notice
shall not affect any action or proceedings taken
hereunder. In recommending any variancea,.the Director
may prescribe any appropriate conditions and safeguards
he may feel necessary to protect and further the
interest of the area and abutting properties, which
may include but not be limited to the following:
(a) Landscape materials, walls, and fences as required
buffering.
(b) Modifying of the orientation of any openings.
(c) Modifying of site arrangements.
The decision of the Manager shall be recorded on the
official zoning maps of the City.
(8) Appeals of decision. The applicant, or any
aggrieved property owner in the area, may appeal the
decision of the Manager to the City Commission in the
manner provided in section 20 -5.2 for appeals of
administrative decisions in the Land Development Code.
In the event an appeal is made by an aggrieved property
owner in the area, the Director may stop or suspend any
construction authorized by the variance, until a
decision has been made on the appeal. in the event the
Director should determine that the suspension of the
construction could cause imminent peril to life or
property, he may permit the construction to continue
upon such conditions and limitations, including the
furnishing of an appropriate bond, as may be deemed
proper under the circumstances.
(9) Limitation of authority. The right of the Manager
in so approving requested variances shall be limited to
those requests applied to individual lots and where the
lot in question is within an area where at least
seventy -five (75) per cent of the lots in a radius of
three hundred (300) feet from the subject property have
already been developed.
(10) Exceptions. Where the dimensions of any residential
lot are less than prescribed by this chapter for its
particular district and it is not possible to acquire
sufficient adjoining land to increase the size of said
lot to the dimensions required hereby, a permit shall
be issued only after approval by public hearing.
Bection 3. If any section, clause, sentence or phrase of
this ordinance is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this
Ordinance.
Section 4. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 5. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this th day of , 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY