04-17-90a
C. Presentations
D. Items for Commission Consideration:
1) Approval of Minutes - April 3rd, 1990 City Commission Meeting
2) City Manager's Report
3) City Attorney's Report
ORDINANCES- 2ND READING AND PUBLIC HEARING:
4. An Ordinance amending the City's adopted Comprehensive Plan, such 4/5
amendment to be the designation of general retail uses on property
designated currently as low intensity office.
(Planning Board /Admini- stration)
RESOLUTIONS FOR PUR,LIC HEARING:
Lio
5. A Resolution denying variances .for a lot of 8400 square feet where 4/5
- 10,000 square feet is required; for a rear setback of 10 feet for a required
swimming pool where 12.5 feet is required; and denying a waiver of to
plat on property legally described as Lots 11, 12, 13, 18, & 19, approve
Block 3, of the amended plat of Sea View Park, as recorded at Plat
Book 17, Page 80, of the Public Records of Dade County, Florida,
A /K /A 5885 S.W. 84th Street South Miami, Florida.
(0'j1 b (Planning Board /Administration)
6. A Resolution granting a waiver of plat to create -two building sites 3/5
where one presently exists on property legally described as Lots 11
and 12, less the West 25 Feet thereof, of Block 1, a resubdivision
of Block 5 and 6, and the north 112 of Block 15'of-Biltmore Heights
as recorded at Plat Book 39`, Page 1, of the Public Records of Dade
County, Florida A /K /A 5757 S.W. 49th Street South Miami, Florida.
(Planning Board /Administration)
7. A Resolution granting a request for a special use permit fora satellite 4/5
antennae on property legally described as Lot 3, Block 5 of Blue Heights,
as recorded at Riat Book 54. nare 1`16. of the Pl�hlic Records of Dade-
°1 (Planning Board /Administration)
8. A Resolution denying a variance to permit 5 foot side interior 415
setbacks where 7 feet 6 inch setbacks are required on property legally required
described as Lot 11, Block 3,, McKeever Terrace, as recorded at plat to
book 9, page 49, of the Public Records of Dade County, Florida, A /K /A approve
4308 S.W. 62nd Avenue, South Miami, Florida.
(Planning Board /Administration)
� I
Y�
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH; MIAMI, FLORIDA, DENYING
VARIANCES FOR A LOT OF 8400 SQUARE FEET WHERE
10,000 SQUARE FEET IS REQUIRED; FOR A REAR
SETBACK OF 10 FEET FOR A SWIMMING POOL WHERE_
12.5 FEET IS REQUIRED; AND DENYING A WAIVER
OF PLAT ON PROPERTY LEGALLY DESCRIBED AS
LOTS 11, 1`2, 13, 18 & 19, BLOCK 3, OF THE
AMENDED PLAT, OF SEA VIEW PARK, AS RECORDED
AT PLAT BOOK 17, PAGE 80, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, A /K /A
5885 S.W. 84TH STREET SOUTH MIAMI, FLORIDA.
AGENDA ITEM PB - 90 -002
WHEREAS, the applicant has requested variances for a
lot of 8,400 square where 10,000 square feet is required; for a
rear setback of 10 feet for a swimming pool where 12.5 feet is
required; and a waiver of plat and the staff recommendation is
for denial; and
WHEREAS, at a public hearing on 'February 27, 1990, the
Planning Board voted 5 - -0 to deny the requests.
NOW, THEREFORE,` BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI -, FLORIDA:
Section 1. That variances for a lot of 8,400 square
feet where 10,000 square feet is required; for `a rear setback of
10 feet for a swimming pool where 12.5 feet is required; and for
a waiver of plat on property legally described` as:
Lots 11, 123, 13, 18 & 19, Block 3, of the
Amended Plat of SEA VIEW PARK, as recorded
at Plat Book 17, Page 80, of the Public
Records of Dade County, Florida, a /k /a
5885 Southwest 84th Street, South Miami, Florida.
are hereby denied.
PASSED AND ADOPTED this day of , 1990.
APPROVED:
,•, ,.1, _:;* '8.3..:3'x R: -
iAAYu R
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
City of South Miami
PLANNING' BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, February 27, 1990, at 7 :30 P.M. in the City Commission
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matters.
pB -89 -039
Applicant: Joseph & Carole Russo
Request 11: Variance from Section 20 -3.5 E -to allow a lot of
- 8,400 square _feet where 10,000 square feet is
required in an RS -3 Zoning District.
Request 12: Variance from Section 20 -3.6 (J) (c) to allow a rear
setback of 10 feet for a swimming pool where 12.5
feet is required.
Request #3: Approval of the subdivision of the subject property,
waiving the regular platting procedure.
Legal: Lots 11, 12, 13, 18 and 19, Block 3 of AMENDED PLAT
OF SEA VIEW PARK according to the plat thereof as
recorded in Plat Book 17, at Page 80, of the Public
Records of Dade County, Florida.
Location 5885 S.W. 84 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH''RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, 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. 296. 0105)
PUBLI HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 5130 SUNSET DRIVE, SOUTH
MIAMI* FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL 114TERESTED PAR IES ARF Ei��Eg7 � r,
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 BOARDIS 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 997 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
PLANNING BOARD
PSB100 -7 BZ REV.' 12 -5-91 THIS IS A COURTESY NOTICE
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CITY MTH MIAMI PLANNING boARD �.
_ Hearing No
ii
5885 S. W. 84 Street
South Miami, Florida 33143
February 23, 1990`
The Honorable City Commissioners of
The City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Commissioners:
The Waiver of Plat and /or Variance currently before
you has been requested for the following reasons:
1. Since the property taxes have doubled in recent
years it has become an increasing hardship for me to
afford to comfortably pay them. The solution seemed
to be to sell of f part of the property.
2. You will note that the five (5) lots owned by
my ,wife and me are not uniform,i.e. lot 11 is a narrow
40 X 198 (approx.) foot strip running from 83 to 8 y. streets.
3. In an effort to comply with the required set back
from our existing pool it makes the lots being divided
just short of the required 10,000 square feet.
4. Whereas there is 'a fairly new house (built in 1987)
just seven houses east of ours on a strip 40 X 170 we feel
that our proposed plat not only better serves the welfare
and appearance of like properties in the area, but actually'
is 1600 square feet larger than the house mentioned above
which is situated at 5751 S. W. 84 Street. In addition, our
street frontage would be 120 feet as opposed to the 40 feet
of that property.
We 'trust that your fair judgement will prevail in our
favor.
Respectfully,
Jj�qph Russo
JRcw
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SftaZlc rn 20-3.5X
DSMZNSIONAL RZQUXRZHZNTs
exN ®L= rAMZLY DZSTBZCTS
REQUIREMENT RE RS -3 MA
Min. Lot Size
Net Area (s q. ft. 40,000 15 000 10 000 69000
Frontage (ft.) 125 100 75 _ 60
Min. Yard Setbacks (ft.)
Front 50 35 25 25
Rear 25 25 25_- 25
Side ,(Interior)` 12.5 10 _`7.5 7.5
Side (Street) 20 15 15 15
Max. Building height
Stories 2 2 2 2
Feet 25 25 25 25
Max. Building Coverage (%) 20 30 30 30
Max. Impervious Coverage (%) 30 "40 40 45
SECTION Z0 -3.6 SUPPLE1fENTAL REGULATI IVS
(J) Swimming Pools
(1) Swimming -pools which are open and unenclosed, or
covered by a screen enclosure or a screen - enclosure
not covering a swimming pool, may occupy a required
rear or side yard, subject to the following
conditions
(a) Minimum front setbacks shall be at the front
building line.
k ,b
Mininu t .. r s
from each side lot line.
(c) Minimum ream setbacks shall be twelve and
one -half (12.5) feet from rear lot lines.
LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI
PROCEDURE FOR WAIVER OF PIA?
1. Applicant submit* letter of intent to Building,, Zoning and Community
Development (BZCD) Department and a Waiver of Plan Planning Board
Application. The application has to be signed by the owner and notarised.
The Applicant submits, also, _a survey of the property prepared by a
Registered Land Surveyor and bearing the Seal of the surveyor. A fat .
of $200 has to be paid at time of submission,
2. The survey must includes
- Legal description of parent track.
Legal description of each parcel to be created.
Location of property lines, existing easements, buildings, watercourses
and other essential features.
Location of existing, sewers, water mains, underground and overhead
"utilities, culverts and drains on the property.
- Locations, names and widths of existing and proposed streets, highways,
easements, building lines, alleys, parks and other 'open public spaces
and similar facts regarding property immediately adjacent.
- Date, north point and graphic scale.
Proposed lot line dimensions. ,
Existing ground elevations -1of -t m propert"'ad -extending not less -thm
25 feet beyond the boundaries of property.
Existing easements or restrictions shown on underlying plat.
Location of all buildings, swimming pools, slabs, fences and other
permanent structures on the adjacent properties that would be non -
conforming with the creation of the subdivision.
3. Planning 'Board hears application for waiver of plat. They can approve,
modify or reject the application.
4. City Commission hears application for waiver of plat and the Planning
Board recommendation. They can approve, modify or reject the application.
They make 'a decision in form of resolution.
5. If approved, the Applicant records his waiver in Dade County.
b. If modifications were made to the survey by the City Commission, or other
covenants, restrictions or conditions are requested by the City Commission,
they shall be incorporated to the survey.
PB- 89- 039/PB -90 -002
Applicant: Joseph i Carole Russo
Request 11: Variance from Section 20 -3.5 E to allow -a lot of
8,400 square feet where 10,000 square feet is
required in an RS -3 Zoning District.
Request 12: Variance from Section 20 -3.6 (J) (c) to allow a rear
setback of 10 feet for a swimming pool where 12.5
feet is required.
Request 13: Approval of the subdivision of the subject property,
waiving the regular platting procedure.
Legal: Lots 11, 12, 13, 18 and 19, Block 3 of AMENDED PLAT
OF SSA VIEW PARK according to the plat thereof as
recorded in Plat Book 17, at Page 80 of the Public
-- Records of Dade County, Florida.
Location: 5885 S.W. 84 Street
Mr Russo signed in and addressed the Board This lot could comply
with the Ordinances if the pool were removed and the line run
directly through that area. Mr. Russo stated that his brother
builds pools and that this one is 15 years old and ready to go. He
stated that he might have chosen to use all of Lot 11 and the
portion of the other lots to create a 10,000 sq ft tract; however,
Mr. Mackey stated that the 'Metro -Dade County Code of Ordinances
§28 cites the *orderly" division of land. If this proposal were
not considered "orderly", then Dade County would not approve it,
nor would the South Miami Building and Zoning Department. There
were three neighbors present to speak against. this request and Mr.
Mackey displayed 'a letter from another neighbor stating objections
to the request. Staff recommends denial based upon the fact that
this request would create a sub- standard lot as well as requiring
two variances. X notion to deny all three of the requests was made
by Mr. Gutierrez, seconded by Ms. Gonzalez.
Vote: Approval of ;denial 5 Opposed: 0
STAFF ...REPORT.•
PB -90 -002 February 21, 1990
PB -89 -039
Applicant: Joseph & Carole Russo
Request 11: Variance from Section 20 -3.5 E to allow a ` lot of
8,400 square feet where 10,000 square feet is
required in an RS -3 Zoning District.
Request 12: Variance from Section 20 -3.5 (J) (c) to allow a rear
setback of 10 feet for a swimming pool where 12.5
feet is required.
Request 13: Approval of the subdivision of the subject property,
waiving the regular platting procedure.
Legal: Lots 11, 12, 13, 18 and 19, Block 3 of AMENDED PLAT
OF SEA VIEW PARK according to the plat thereof as
recorded in Plat Book 17, at Page 80 of the Public
Records of Dade County, Florida.
Location: 5885 S.W. 84 Street
ANALYSISs
In order to create two building sites and retain the existing
pool as a part of the parent track and homesite, the applicant has
requested two variances to allow the subdivision of the property.
This property could be subdivided without variances to create two
building sites in conformance with the Land Development Code if the
pool were to be filled or removed from the property.
RECOMMENDATION:
The staff recommends denial.
Note: Minor technical and graphic information was not included`
in the originally submitted drawings; however, the final
drawiWs will be available the night of the meeting.
1
1
CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE- IN DUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC NtARING.
APPLICANT AS (OWNER, TENANT, AGENT, ETC. SPECIFY)
b S ,e p h Ru SS 0 r
ADDRESS OF APPLICANT CITY STATE ZIP PHONE
3 31 Y 3 '
OWNER n j� f DATE OWNERSHIP OF PROPERTY OBTAINED
V0S �'.o l2C.rO -c '\t Ic' s(' V 01" l 9 7L/
ADDRESS OF OWNER CITY STATE ZIP PHONE
,4 —,y3 G66 -03��-
IS PROPERTY OPTION OR CONTRACsT FOR PURCHASE? MORTGAGEE IS NAME AND ADDRESS
YES 'L/ � NO
IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER' ATTACHED? YES NO
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOTS) Z I BLOCK 3
SUBDIVISION P6 l jQ O -
METES AND BOUNDS
SIZE OF AREA COVERED BY APPLICATION NAMES ANO OFFICIAL WIDTHS OF ABUTTING IvW�S
ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING EXCEPTION � OTHER (SPECIFY)
/
VAROANCEJ ) AMEND SECTION OF CODE Ie 6It �C- Rn T_
PRESENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED
EXPLANATION OF ABOVE
VaAx�
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED*WITH THIS APPLICATION. ATTACHED HERETO AND MADE
PART OF APPLICATION.)
CERTIFIED SURVEY ��A� SITE PLAN PHOTOGRAPHS
WAI Ve --- �I-
I.� STAT£FMENT OF REAS OR -CONDITIOPS
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REP ENTS THE INFORMATION AND LL SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLE E AND BELIE 107
-3�
S TORE
FOR OFFICE USE ONLY
DATE OF NEARING HEARING NO.
- "5100-11 REV. s- IZ -W DATE FILED 'Z
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF ,SOUTH MIAMI, FLORIDA, GRANTING
A WAIVER OF PLAT TO CREATE TWO BUILDING SITES
WHERE ONE PRESENTLY EXISTS ON PROPERTY LEGALLY
DESCRIBED 'AS LOT ,11 AND 12, LESS THE WEST 25 FEET
THEREOF, OF BLOCK 1, A RESUBDIVISION OF BLOCK 5
AND 6, AND THE NORTH 1/2 OF BLOCK 15 OF
BILT14ORE HEIGHTS, AS RECORDED AT PLAT BOOK
39, PAGE'_ 1, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA A /K /A 5757 SOUTHWEST 49TH
STREET, SOUTH MIAMI, FLORIDA.
AGENDA ITEM PB -90 -004
_WHEREAS, the applicant has requested a waiver of plat
.to create two building sites where one presently exists and the
staff recommendation is for approval; and
WHEREAS, at a public hearing on March 13, 1990, the
Planning Board voted 4 -1 to grant the request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a waiver of plat to create two
building sites-where one presently exists on property legally
described as:
Lot 11 and 12, less the West 25 feet
thereof, of Block 1, a resubdivision
of Block 5 and 6, and the North" 1/2
of Block 15 of Biltmore Heights, as
recorded at Plat Book 39, Page 1,
of the public records of Dade County,
Florida, a /k /a 5757 Southwest 49th
Street, South Miami, Florida.
is hereby granted
PASSED AND ADOPTED this day of , 1990.
APPROVED
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
City of South Miami
` PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, March 13, 1990, at 7 :30 P.M. in the City Commission
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
PB -90 -004
Applicant: John C. DeWitt, Jr.
Request: Approval of the subdivision of the subject property,
waiving the regular platting procedure to create two -
building sites where one presently exists.
Legal: All of Lot 11 and Lot 12 less the West 25 feet,
Block 1, a resubdivision of Blocks 5, 6 and North
1/2 of 15 of BILTMORE HEIGHTS, according to the plat
thereof as recorded in Plat Book 39, Page 1 of the
Public Records of Dade County, Florida.
Location: 5757 S.W. 49 Street
YOU ARE HERESY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO -
CEEDINGS 1S MADES WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. CF. S. 206.0103)
PUeL /C HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, $130 SUNSET DRIVE, SOUTH
MIAMI, FLORIDA, AT THE TIME AND DATE STATED ASOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
- -R°I`ti Ofr2 _!6T..'?�I }4FARr ^riG ..:rc- e _
Ni .r.y.v .. ......�..ana� ru t'HIC CITY `COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED. THE BOARD 19 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 CAN LING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
PLANNING BOARD
60z' PS REV. a -9-BI THIS IS A COURTESY NOTICE
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CITY OF 3Y AIAMf PLANNING OkRD Hearing No! IM
CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILc IN DUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPQRTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT
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ADDRESS OF A
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ADDRESS OF OWNER
—�- AS (OWNER, TENANT, AG
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IS PROPERTY OPTION OR CONTRACT FOR PURCHASET M TGAGEE IS NAME %%A //NDD ADDRESS T� �Liy�/�
YES %� NO ,fj f l ���` . SA*3Are N C of V
IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHCOI / YES NO
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOT(S) / �X /� tAJe, ST,-�S/ C BLOCK
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METES AND BOUNDS / �^ FF-30a � 3. +O f
SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING P/WIS
ADDITIONAL DEDICATIONS PROPOSED STRUCTUR S LOCAT /EP ON PROPERTY
7
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING;
CHANGE OF ZONING EXCEPTION ✓ OTHER ( SPECIFY)
VARIANCE AMEND SECTION OF CODE eyA O/`--
ENT ZONE CLASSIFICATION
EXPLANATION OF ABOVE
1Z5 4
1/1 1-117 vY'z
cnnNVE OF ZONING, REQUESTED
.J
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AMC) MADE
PART OF APPLI TION.)
CERTIFIED SURVEY SITE PLAN PHOTOGRAPHS
STATEIIIF14T OF REASONS OR ,CONDITIONS JUSTIFYING CHANGE REQUESTED
x a
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLE AND ELIEF.
SIGNAT
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HEARING NO.
DATE FILED
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STAFF REPORT
PB -90 -004 March 9, 1990
Applicant: John C. DeWitt, Jr.
Request : Approval of the subdivision of the subject property,
waiving the regular platting procedure to create two
building sites where one presently exists.
Legal All of Lot 11 and Lot 12, Tess the West 25 feet,
Block 1, a resubdivision of Blocks 5, 6 and North
1/2 of 15 of BILTMORE HEIGHTS, according to the plat
thereof as recorded in Plat Book 39, Page 1 of the
Public Records of bade County, Florida.
Location: 5757 S.W. 49 Street
ANALYSIS:
The applicant requests permission to create a tract, in order
to construct a single family, house. The proposed tract comprises
an area of 6,900 square feet; the parent tract will retain an area
of 10,600 square feet. This proposal does meet the requirements
for RS -4 as set forth in the Land Development Code.
RECOMMENDATION:
The staff recommends approval of the proposal.
STAFF REPORT
PB -90 -004 March 9, 1990
Applicant: John C. DeWitt, Jr.
Request: Approval of the subdivision of the subject property,
waiving the regular platting procedure to create two
building sites where one presently exists..
Legal: All of Lot 11 and Lot 12, less the West 25 feet,
Block 1, a resubdivision of Blocks 5, 6 and North
1/2 of 15 of BILTMORE HEIGHTS, according to the plat
thereof as recorded in Plat Book 39, Page 1 of the
Public Records of Dade County, Florida.
Location: 5757 S.W. 49 Street
ANALYSIS•
The applicant requests permission to, create a tract, in order
to construct a single family house. The proposed tract comprises
an area of 6,900 square feet; the parent tract will retain an area
of 10,600 square feet. This proposal does meet the requirements
for `RS-4 as set forth in the Land Development Code.
RECOMMENDATION:
The staff recommends approval of the proposal
t
e
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING
A REQUEST FOR A SPECIAL USE PERMIT FOR A
SATELLITE ANTENNAE ON PROPERTY LEGALLY
DESCRIBED AS LOT 3, BLOCK 5 OF BLUE HEIGHTS,
AS RECORDED AT PLAT BOOK 64, - PAGE 136, OF
THE PUBLIC ,RECORDS OF DADE COUNTY, FLORIDA
A /K /A 6500 SOUTHWEST 51ST TERRACE, ,SOUTH
MIAMI, FLORIDA.
AGENDA ITEM PB -90 -003
WHEREAS, the applicant has requested a special use
permit for a satellite antennae and the staff recommendation is
for approval; and
WHEREAS, at a public hearing on March 13, 1990, the
Planning 'Board voted 5 -0 to grant the request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a special use permit for a satellite
antennae on property legally described as:
Lot 3, Block '5 of BLUE HEIGHTS, as
recorded at Plat Book 64, Page ,136,
of the public records of Dade County,
Florida, a /k /a 6300 Southwest 51st
Terrace, South Miami, Florida.
is hereby' granted.
PASSED AND ADOPTED this day of , 1990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
wlt
READ AND tsA i iCti v pie ` ra .3 iu �
CITY ATTORNEY
City of South Miami
' b
PLANNING BOARD
NOTICE OF PUBLIC HEARING'
on Tuesday, March'13, 1990, at 7:30 P.M. in the City Commission
Chambers, the Planning Board of the City of _South Miami will
conduct a Public Hearing on the following matters.
PB -9Q -003
Applicant: Jorge Reyes
Request: Special Use Permit to 'allow a satellite antennae.
Legal: Lot 3, Block 5, of BLUE HEIGHTS, according to the
plat thereof as recorded in Plat Book 64, Page 136
of the Public Records of Dade County, Florida
Locations 6500 S.W. 51 Terrace
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, 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. Me 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 ;PEPSON -,AT THE HFARING OR FILED N WRI -T$"dG e,l
MIGHT 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+501 oR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INOUIRY•
PLANNING BOARD
PSSI00 -7 z REV. IZ-9-01 THIS 1S A COURTESY NOTICE
wi y V o —
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X40 3 43
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X40 3 43
CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE iN CUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPQRTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT
AS (OWNER,
TENANT, AGENTS ETC. SPECIFY)
Jorge Reyes
Owner
ADDRESS OF APPLICANT CITY
6500 S.W. 51st Terrace South Miami
STATE
FL
ZIP
33155
PHONE
662. -2045
OWNER
DATE OWNERSHIP OF PROPERTY OBTAINED
Jorge Reyes 6 Delia Belleau
Reyes
January
7, 1987
ADDRESS OF OWNER CITY
6500 S.W. 51st Terrace South Miami
STATE
FL;
ZIP
33155
PHONE
662 -2045
IS PROPERTY OPTION OR CONTRACT FOR 11URCHASEt
MORTGAGEE IS NAME AND ADDRESS
YES x NO
Hemisphere
National
Bank Coral Way & 22 ST
IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOT(S) Lot 3, L 5
BOCK
"Blue Heights" 64 -136
SUBDIVISION PB
METES. AND BOUNDS Public Records of Dade County, Florida
SIZE OF AREA COVERED BY APPLICATION- NAMES AND OFFICIAL WIDTHS OF ABUTTING:P/W'S
N/A N/A
ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY
N/A N/A
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
xx
CHANGE OF ZONING EXCEPTION OTHER (SPECIFY)
Special Use
VARIANCE AMEND SECTION OF CODE
Satellite Antenna
PRESENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED
N/A N/A
EXPLANATION OF ABOVE
N/A
Request permit for Satellite Antenna.
Size of requested satellite antenna is 10' in diameter.
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION.).
x CERTIFIED SURVEY N/A SITE PLAN x PHOTOGRAPHS
STATEMENT IW REASONS OR CONDITIONS JUSTIFYING GHANGIF RFCuJ- rs
%.: lV J to
PROPOSED PLAN x HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND BELIEF.
FOR OFFICE USE ONLY
DATE OF HEARING �� ! " HEARING NO,
rssloo• -se REV. s -rz-sr DATE FILED
1
•� .•�t mss. S:l yY+ ,c \ -
' I HERESY CERTIFY THAT THIS PLAT OF SURVEY WAS PHEPAPW ~:
UNDER MY DIRECTION_ THAT it McEn THE MIINU MLOA Tip+ {
ti• : -4
. NIGI STANDARDS FOR LAND "VEYNG IN I'M sT'AT+R OF
a /^may �ORIDA P4APT{�t ?1HH4 FLORIDA AONINISTMTWE'a0p� -
UC l' ,04Ca IFOR THE TYPE OF SURVEY SHOWN HEREON AND IS TNXAM
f= • ;LAND SURYFY4R8 CORRECT TO THE BEST OF MY KNOWLEDGE AND BELOW. '
COPIES THIS SURVEY ARE WAUO UNLXSSSS &MOOS=
• WITH THE tJNOEftbc D
' 461 PALM AVENUE
HULLER FLORIDA
- -• t2 . - J tt UMd $WviyW *1tU
30S -R2t -1220 ow4ty, Jr.. PWft$6WW LMdBwv�ya 14136
�e.�•� A� Inc nA
.� ~. r .7.+I r!ar� �.♦ ' Uft of ROMIG Dow: Q". - 2ii. 1987 - r
�• - , Lends. mown . hereo6 re not abstracted
-' ftt .and/ 0r 'r2 t of way of record,
$x�t as's on. recorded rded plat.
ok no f } the o
except as shown hereon,. if any.
-110` Ws Adde by -this -firm to locate a -'
rground foeii .9 of ,adjacent buildings
0r 'fences, except as shown hereon, if i
MAY
# /k /a .6 S.W. 519t. Terr•
So. Miami, Florida. r
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Z � �_a �Z„ -ear � 3Y � • —•� J � � - � 1e _
_ '- "'��•s __ � s �-.. ��t��. �_. �.'. �.•...�t��- ..' ?_'SFS3!��1"3S_• t'a'_t. tliTr- _wig$ r .�_ .
} »: K`�y�;s -:•;. •4`.r !1 .f!•• ;i -��. 'r <i 'r f,.:'i�k{S` •�•irr ;,� • .$/� 2. R.•F a '
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IP
STAFF' REPORT
PB -90 -003 March 9, 1990
Applicant: Jorge Reyes
Request: Special Use Permit to allow a satellite antennae.
Legal: Lot 3, Block 5, of BLUE HEIGHTS, according to the
plat thereof as recorded in Plat Book 64, Page 136
of the Public Records of Dade County, Florida.
Location: 6500 S.W. 51 Terrace
ANALYSIS
The applicant requests a Special Use Permit for a satellite
antennae to be placed in the rear of the house, not higher than
fifteen feet, to be ten feet across. The applicant will be subject
to E..R.P.B. review if ' approved by the Commission.
RECO194ENDAT ION
The staff recommends approval of the request.
SECTION 20 -3.4 SPECIAL USE CONDITIONS
(15) Satellite antennae
(a) No antennae shall be located in any front yard
or on a front or side street- facing roof or
building facade. ,antennae may be located in
rear or side yards subject to required yard
setbacks.
(b) Antennae shall be installed so as to minimize
visual impact while maintaining viable azimuth
and elevation focusing. Some trimming of
existing vegetation or relocation of other .
conflicting' facilities may be conducted.
Additional plantings, trees, hedges, fencing
or other screening shall be provided to enhance
aesthetics and minimize visual impact of said
-- ententes, x,r Y;.
(c) No antennae shall exceed fifteen (15) feet in
overall height from grade. Direct Broadcast
Satellite (DBS) antennae and antennae of four
(4) feet or less in diameter may be roof-
mounted due to their smaller size, weight and
reduced wind load resistance. Roof
installation and location shall be specifically
and structurally designed and engineered by a
Registered Engineer and signed and sealed
drawings shall be submitted to the Building and
Zoning Devartment.
LAND, DEVELOPMENT CODE CITY OF SOUTH MIAMI
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING
A VARIANCE TO PERMIT 5 FOOT SIDE INTERIOR
SETBACKS WHERE 7 FEET 6 INCH SETBACKS ARE REQUIRED
ON PROPERTY LEGALLY DESCRIBED AS LOT ,11, BLOCK 3,
McKERVER TERRACE, AS RECORDED AT PLAT BOOK 9, PAGE
49, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, A /K /A 4308 SOUTHWEST 62ND AVENUE,
SO U.TH MIAMI, FLORIDA
AGENDA ITEM PB -90 -005
WHEREAS, the applicant has requested a variance to
permit side interior setbacks of 5 feet where 7 feet 6 inches are
required; and
WHEREAS, at -a public hearing on March 13, 1990, the
Planning Board voted 4 -1 to deny the request.
NOW, THEREFORE, BE IT 'RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA:
Section 1. That a variance to permit side interior
setbacks of 5 feet where 7 feet 6 inches are required on property
legally described as:
Lot 11, Block 3, McKERVER TERRACE, as
recorded at Plat Book 9, Page 49, of
the public records of Dade County,
Florida, a /k /a 4308 Southwest'
62nd Avenue, South Miami, Florida.
is hereby denied.
PASSED AND ADOPTED this day of , 1990.
APPROVED
MAYOR ,
ATTEST:
CITY CLERK
. zk: .;tt>i#•.�t Ct isz - __- - - rr• kXtlNiCa '4R =f4c-
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
City of South Miant
PLANNING LARD
NOTICE OF PUBLIC HEARING
On Tuesday, March 13, 1990, at 7:30 P.M. in the City Commission
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matters
PB -90 -005
Applicant: Julio and Daisy Robaina
Request: Variance from Section 20 -3.5E of the City of South
Miami Land Development Code to permit 51-0" side
interior setbacks where 7' -6" setbacks are required
for property zoned RS -4.
Legal: Lot 11, dock 3, MCKEEVER TERRACE according to the
plat thereof as recorded in Plat Book 9, Page 49 of
the Public Records of Dade County, Florida.
Location: 4308 S.W. 62 Avenue
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO— 6
CEEDINGS IS MADE9 WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
19 TO BE BASED,, (F. S. 285,, 01115)
PUNLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVES SOUTH
MIAMI, FLORIDA, AT THE TIME AND STATED ABOVE,
INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
°M �+t*rv. - .�'+3RlR HF,6°?r •^ -Tle e. ;TING PRI!?A' TO OR AT Tea,. g
PaiiI 0 TO THE CITY COMMISSION WHATEVER THE B- OARD CONSIDERS IN °Y"M SEZ7 1HTZREST FOR
77,E AREA INVOLVED,, THE BOARD 8 RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
AT A rUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE s
A
ZONING DIRECTOR BY CALLING W7 ®5091 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING �
INQUIRY.
PLANNING BOARD
PSD#00 -7 Bz REV. 12 -9-111 THIS IS A COURTESY NOTICE
{
t �'
CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT n AS OWNER TENANT- AGENTS ETC. SPECIFY)
ADDRESS OF APPLICANT
Y-3
CITY %%ATE 'ZIP
PHONE
OWNER I DATE OWNERSHIP OF PROPERTY OBTAINED
ADDRESS1 1OF OWNER (� CITY STATE[ ZIP PHOO(�!E
7 i •�LCr J 4'i �jl:� -111 �Lr-1 '�'1��1/' CG'�c'�"
/S PROPERTY OPTION OR CONTRA T FOR PURCHASE? MORTGAGEE 9 NAME AND ADD�ESS
YES NO At ` Y Lj l- l i �JL -fc4,4 = C �Z ?
IF APPLICANT IS NOT OWNER' 19 LETTER OF AUTHORITY FROM OWNER ATTACHED? YES No
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION -3
/ BLOCK
LOT(S) J�
/ l
sueoLVIseoN wf` , Ps
METES AND BOUNDS
SIZE OF AREA COVERED BY APPLICATION NAMES OFFICIAL WIDTHS OF ABUTTING /j/W,S
jam./ X ,.�-�,j®
ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY -
APPLICATION TO THE PLANNING 50ARO FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING EXCEPTION
VARIANCE AMEND SECTION OF CODE
PRESENT ZONE CLASSIFICATION. CHANGE OF ZONING REQUESTED
OTHER (SPECIFY)
EXPLANATION OF ABOVE
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION.
(ATTACHED HERETO AND MADE
PART OF ^PPLtCATION.)
�j CERTIFIED SURVEY SITE PLAN
e
PHOTOGRAPHS
STATEPIENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
� HEARING FEE (CASH OR CHECK)
a OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING
DATA FURNISHED IS TRUE AND CORMCT TO THE BEST OF HIS KNOWLEDGE AND BELIEF.
[ J
O
SIGNAT E
FOR OFFICE USE ONLY
{ DATE OF HEARING HEARING NO.
{ "6100 -2a REV. 3-12-" DATE FILED
,VC-ld H?MC w `Tk A--' A vE51ty
-9 OkAA)CO5#0 TO
6 V t. e kOV tad s
s�
t-0 ROOa & AND t-#40d- 6 77-0
HIW67 DUO' *060 7-0 kA)OCkl
OL-0 HOU4—c;; ,MID AE5�WAo
Di1 C-ilCg J 6U i
- - - t:;l
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request
NM DATE
i
0
ja'
- - ---- - - - - -- - --
42 1
37
�24 --------
3 90 h d -5O
(cont Inu d p ge 2) Page 1
TN! CITY of
SOMA
l
tamt
6874 SUMOCT DRIVt, SCUT" MIAMI# FLORIDA 33149
PWL/C stavica
Ot PARTIMMY
ZoH .PETITION
Property
Description,_ Location and 1:
Lot 11, Block 3, MCKEEVER TERRACE according to the plat
thereof as recorded in Plat Book 9, Page 49 of the Public
Records of Dade County, Florida a/k /a 4308_S.W. 62 Avenue.
Requests
The Owners of the above property have sade" the following request
variance from Section 20 -3.5E of the City of South Miami Land
Development Code to permit 5, -0" side interior setbacks where
71-6" setbacks are required for property zoned RS-4.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request
NM DATE
i
0
ja'
- - ---- - - - - -- - --
42 1
37
�24 --------
3 90 h d -5O
(cont Inu d p ge 2) Page 1
w
2ON I N'G P 9 T I T I ON
(continued)
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAB ADDRESS
-- 4z;�� -
- - - - - - - - - - - - - - - - - -
- - - -- - --
. -- - -- - - - -
- - - - - --
- -- -- -- --
- - - - - - - - - - - - - -- --
-- - - - - -- - - - -
r4
- - - - - - - -
PWSO -37 Page 2
_f_
,.
�_ .___ __-
STAFF REPORT
PB -90 -005 March 9, 1990
Applicant: Julio and Daisy Robaina
Request: Variance from Section 20 -3.5E of the City of South
Miami Land Development Code to permit 5' -0" side
interior setbacks where 7' -6" setbacks are required
for property zoned RS -4.
Legal: Lot 11, Block 3, MCKEEVER TERRACE according to the
plat thereof as recorded in Plat Book 9, Page 49 of
the Public Records of Dade County, Florida.
Location: 4308 S.W. 62 Avenue
ANALY SI S
The applicant wishes to construct a single family residence
to replace an existing single family residence. The existing
residence has a side setback of 5' -0" on one side.
SECTION 20-3.5 DIMENSIONAL REQUIREMENTS
Section 20 -3. 5L
DXHENsioria 3L REQUZ ]R1Cb1ZNTs
sZraci.E FANXI.Y DZSTRZCTS
REQUIREMENT ES -1 RS -2 RS -3 RS -4
Min. Lot Size
Net area (sq. ft,) 40,000 15,000 10,000 6,000
Frontage (ft.) 125 100 75 60
Min. Yard Setbacks (ft.)
Front 50 35 25 25
Rear 25 25 25 25
Side (Interior)' 12.5 10 7.5 7.5
Side (Street) 20 15 15 15
Max. Building Height
Stories 2 _ 2 2 2
Feet 25 25 25 25
Max. Impervious Coverage ( %} 30 40 40 45
a C— Ulativ@ wNth of both side yards shall be not lest than 20
percent of total lot width.
Note: Site plans, floor plans-,- elevations will be presented at
the night of the meeting.
a
j
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, DETERMINING THAT THERE 18 A
VESTED RIGHT TO ALLOW SIGNAGE IN THE PROPERTY AT ,5975
SUNSET DRIVE IN ACCORDANCE WITH THE PREVIOUSLY APPROVED
PLANS; DIRECTING BUILDING PERMITS TO ISSUED FOR SUCH
DEVELOPMENT IN CONFORMANCE WITH ALL OTHER APPLICABLE
BUILDING CODES' BONING_ ORDINANCES, AND OTHER
REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of South Miami adopted a Land Development
Code on October 26, 1989 and
WHEREAS, Article IV, Section 20 -4.1 (F) provides for the City
Commission to determine whether a property owner has vested rights
to develop in accordance with previously existing land development
regulations including, but not limited to, the South Miami
Comprehensive Plan; and
WHEREAS, the Comprehensive Plan adopted January 18, 1989
incorporated this concept of vested rights; and
WHEREAS, (the "Ownerf/) owns 5975 Sunset Drive (the ",property ")
which is more particularly described as (Exhibit 11111) attached
hereto; and
WHEREAS, the Owner spent time processing building permit plans
(the "Plans ") for the development of the Property for an eight
story office building with retail uses; and
WHEREAS, the Plans were approved by the staff, ERPB, and the
City on July 29, 1982 and
WHEREAS, on October 26, 1989, the City amended the South Miami
Zoning Code to prohibit, for the first time, signs for the retail
uses located at the subject property; and
WHEREAS, on or about March 19, 1990, the Owner first became
aware of changes to the Zoning Code when City staff stated that
they could no longer issue sign permits for retail uses at the
subject property; and
WHEREAS, the Owner has presented evidence to demonstrate that
the Owner has relied in good faith upon the prior City approvals
and it would be highly inequitable to destroy the rights the Owner
has acquired in reliance upon the City approvals.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby incorporated
by reference.
Section 2. The City Commission hereby determines that the
owner of 5975 Sunset Drive has a vested right to signage for the
Property in accordance with the plans previously approved by the
City prepared by J. A. Jimenez, consisting of 51 sheets including
signage on page A -12, and dated June 30, 1982. A copy of said
plans are incorporated herein by reference. ,
Section 3. The City Administration is hereby- directed to
issue all required permits for the signs for the property in
accordance with the Plans, upon payment of the required fees, and,
subject to the Owner meeting all other applicable building code,
zoning ordinance, and other requirements.
Section 4. This Resolution shall become effective
immediately upon adoption.
PASSED AND ADOPTED this day of , 1990.'
APPROVED:
MAYOR
ATTEST:
CITY CLERK
AD AND APPROVED AS TO FORM:
CITY ATTORNEY
t
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EXHIBIT 11111
Legal Description for:-
5975 Sunset Drive, South Miami, Florida 33143
Lots 1, 2 and 3 in Block .2 of COMMERCIAL LARKINS, according to the
plat thereof recorded in Plat Book 26 at Page 29 of the Public
Records of Dade County, Florida, less the South 15 feet thereof and
less all that part of said Lot 1 in Block 2 of said COMMERCIAL
LARKINS, Plat Book 26 at Page 19, which lies within the external
area formed by a 25.00 foot radius are concave to the Northwest,
tangent to the East line of said Lot 1 and tangent to a line that
is 15.00 feet North of and parallel to the South line of said Lot
1,
AND, Tract 2, AMENDED PLAT OF COMMERCIAL LARKINS, according to the
plat thereof recorded in Plat Book 38 at Page 5- of the Public
Records of Dade County, Florida,
AND, that 10 foot alley which separates the said Lots, 1,'2 and 3
in Block of COMMERCIAL LARKINS, Plat Book 26 at Page 29, and the
said Tract 2 of AMENDED PLAT OF COMMERCIAL LARKINS, Plat Book 38
at Page 5 being 85.72 feet in length more or Tess,
AND, that 10 foot alley running North and South along the West
boundary of and adjacent to said Tract 2 of said AMENDED PLAT OF
COMMERCIAL LARKINS, Plat Book 38 at Page 5,
AND, the East 19 feet of the North 125 feet of the South 175 feet
of the following described property:
Beginning at a point 90.7 feet East of the Southwest corner of the
Southeast /4 of the Southwest 1/4 of the Southeast 1/4 of Section
25, Township 54 South, Range 40 East; thence North 219 feet; thence
East 118 feet to a point of intersection with the West line of the
10 foot alley lying West of and adjacent to said Tract 2 of AMENDED
PLAT OF COMMERCIAL LARKINS, Plat Book 38 at Page .5; thence South
along the last described line and the West line of Lot 3 of Block
2 of COMMERCIAL LARKINS, Plat Book 26 at Page 29, and its Southerly
projection 219; thence west 118 feet to the Point of Beginning.
i
t73
RESOLUTION NO. 65-89-8045-A
A RESOLUTION OF THE MAYOR AND CITY COXXISSION OF
THE CITY OF SOUTH XIAXI, FLORIDA, APPROVING A
LOCKED GATE AS PART OF A SITE PLAN FOR BANYAN LANE.
WHEREAS, the Mayor and City Commission adopted Resolution
No. 65-89-8045, approving the site plan for property known as
Banyan Lane, and;
WHEREAS, the applicant wishes to have a locked gate on the
property and is submitting the request for Commission approval as
provided by the above-referenced Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the site plan prepared by M P Architects
and dated Jana 25, 198,D-, for Banyan Lane is hereby approved to
include a provision of a locked front gate.
Section 2. This approval is conditioned upon an
indemnification agreement being approved by the City Administration
regarding the provision of public and emergency services, and the
developer shall include th_-'�s indemnification in the Homeowner
,Documents regarding the project.
PASSED AND ADOPTED this ------ day of 1990.
APPROVED:
MAYOR
ATTEST:
------------------------------
CITY CLERK
READ AND APPROVED AS TO FORM:
— ---- — ----
CITY ATTORNEY
Resolut\Banyan2.lan
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INDI"MNLTY AGREEMENT
indemnify, defend an-d.hold harmless the City of South Miami, and
all employees and agents, against any and all personal injury and
property damages or liability of any nature which may arise as a
result of the inability of any City, County or private service or
emergency vehicles to enter Banyan Lane Subdivision because of
the gates at the property. This agreement shall be made a
covenant running with the land and shall not be subject to
modification without the consent of the City of South Miami.
DATED this day of 1990.
BANYAN LANE HOMEOWNER ASSOCIATION
EXHIBIT #2
DEDICATION OF RIGHT OF WAY
WHEREAS, the Metropolitan Dade, County Plat Committee has
required that BANYAN LANE, INC. dedicate a right -of -way for
Southwest 66 Avenue to the City of South Miami and,
WHEREAS, BANYAN LANE, INC. is the fee simple, legal title
holder of the following described property and,
WHEREAS, BANYAN LANE, INC. desires to dedicate the
following required right -of -way for Southwest 66 Avenue to the
City of South Miami
NOW, THEREFORE, BANYAN LANE, INC. hereby dedicates in
perpetuity to the City of South Miami the following- described
right -of -way for Southwest 66 Avenue, to wit:
The East 25 feet of the following described parcels:
The South 112 of the South 264 feet of the North 490.92
feet of the West 1/2 of the West 112 of the SW 1/4 of
the SW 1/4 of Section 25, Township 54 South, Range 40
East, less the West 35 feet thereof, lying and being in
Dade County, Florida.
And:
The North 112 of the South 264 feet of the North 490.92
feet of the West 1/2 of the West 112 of the SW 1/4 of
the SW 1/4 of Section 25, Township 54 South, Range 40
East, less the Went 35 feet thereof, lying and being in
Dade County, Florida.
BANYAN LANE, INC., a
Florida Corporation
By:
STEP N ROTH, PRESIDENT---
APPROVED AND ACCEPTED as to content and form by the City
of South Miami; - --
BY: - —
_ ATTFCT•
COVENANT RUNNING WITH THE LAND
WHEREAS, BANYAN LANE, INC., a Florida corporation, is the fee
simple owner of the following described real property, to wit:
PARCEL I: The South 1/2 of the South 264
feet of the North 490.92 feet of the West
1/2 of the West 1/2 of the SW 1/4 of the SW
1/4 of Section 25, Township 54 South, Range
40 East, lying and being in Dade County,
Florida, less the West 35 feet thereof; and
PARCEL II: The North 1/2 of the South 264
feet of the North 490.92 feet of the West
1/2 of the West 1/2 of the SW 1/4 of the
SW 1/4 of Section 25, Township 54 South,
Range 40 East, lying and being in Dade
County, Florida, less the West 35 feet
thereof; and
WHEREAS, BANYAN LANE, INC. has applied for a Waiver of Plat,
Plat -No. D-16661 and
WHEREAS, one of the requirements of I the Metropolitan Dade
County Plat Committee is that a Limited Access Agreement be recorded
for the easterly property line in order for said waiver of plat to
be granted;
NOW, THEREFORE, BANYAN LANE, INC. hereby covenants and agrees
as follows:
1. That Lot 3, more particularly described in Exhibit "A",
attached hereto and made a part hereof, and Lot 4, more particularly
described in Exhibit "A'., attached hereto and made a part hereof,
shall pever, except during the construction phase of the Banyan Lane
project, have vehicular access to Southwest 66 Avenue, which is on
the easterly property line of said property.
ATTEST: BANYAN LANE, INC.,
Florida corppration
By:
Secret ry STEPHEN ROTH, President-:;-.--
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI REQUESTING THE
PLANNING BOARD TO MAKE RECOMMENDATIONS TO
THE CITY COMMISSION REGARDING AN ORDINANCE
REQUIRING THE AMORTIZATION AND REMOVAL OF
NON - CONFORMING SIGNS IN THE CITY OF SOUTH
MIAMI, FLORIDA.
WHEREAS, on October 26, 1989, the City of South Miami
adopted a land development code which included sign regulations;
and
WHEREAS, the Mayor and City Commission desires to
review all existing non- conforming signs and make provisions for
their replacement with signs which conforms to the present code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Planning Board of the City of
South Miami is hereby requested to rake recommendations to the
City Commission regarding an Ordinance requiring the amortization
and removal of non - conforming signs in the City.
PASSED AND ADOPTED this day of , 1990.
APPROVED:
ATTEST:
READ AND APPROVED AS TO F,,jRM:
CITY ATTORNEY
ORDINANCE _NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI CREATING CHAPTER
12A OF THE CODE OF ORDINANCES RELATING TU
THE DEMOLITION OF UNINHABITABLE STRUCTURES;
PROVIDING DEFINITIONS; ESTABLISHING THE
DUTIES AND POWERS OF THE MINIMUM HOUSING
ENFORCEMENT OFFICER; ESTABLISHING PROCEDURES
FOR THE INSPECTION OF SUCH STRUCTURES AND
NOTIFICATION TO THE INTERESTED PARTIES;
PROVIDING FOR APPEALS TO THE MINIMUM
HOUSING APPEALS BOARD; SETTING FORTH PROCEDURES
GOVERNING THE ENFORCEMENT OF THIS CHAPTER
AND THE RECOVERY OF RELATED COSTS; PROVIDING
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of
South Miami hereby find that in recent years and at present an
increased number of uninhabitable structures exist, the
maintenance of which is often neglected by the owners thereof;
and
WHEREAS, it is found that said structures often become
open, unsecured, vandalized, or used for illicit purposes by
trespassers, resulting in conditions that are unhealthy, unsafe,
unsightly, and a blight upon the neighborhood and community at
large, and that the demolition of uninhabitable structures will
improve the security and quality of life in general of persons
living nearby, will prevent blight and decay, and will safeguard
the public health, safety, morals and welfare; and
WHEREAS, said structures are often used for the
distribution and consumption of narcotics and other controlled
substances thereby constituting a_health and safety hazard to the
public and community at large, and
WHEREAS, the intent and ,purpose of this chapter is to
protect the health, safety, morals, and welfare of all the people
of South Miami. Florida. ?-,v pstablisbir.g standards governing the
demolition of certain structures, authorizing and establishing
procedures for the demolition of the same and setting forth a
procedure for the enforcement of this chapter b.y prohibiting
human habitation in and ordering the demolition of structures
found uninhabitable, and it is hereby declared that this
Ordinance is essential to the public interest.
y
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
CI TY CO MMI S SI ON O F THE CI TY O F SO UTH MI AMI , FLO RI DA
Section 1. Definitions.
When used in this chapter the following terms shall
have the meanings set forth below:
(1) "Owner ": the taxpayer with respect to the real
property concerned as reflected in the most recently certified
real property ad valorem tax roll of Metropolitan Dade County;
provided however, where the records of the Dade County Property
Appraiser indicate that ownership of the property has changed,
the owner shall be the taxpayer as reflected by such records.
(2) "Minimur Housing Enforcement Officer ": any
employee of the City of South Miami charged with the
responsibility of making inspections of structures and premises
and issuing orders when necessary, to effectuate the provisions of
this Ordinance.
Section 2. Violation
It shall be a violation of this chapter for any
person to erect, establish, maintain, 'own, lease or allow to
exist an uninhabitable structure as defined herein.
Section 3. Minimum "Rousing Enforcement Officer -
duties and powers.
In addition to the duties, functions, powers` and
responsibilities found in the Code of the City of South Miami,
the Minimum Housing Enforcement Officer shall have the right to
enforce the provisions of this Ordinance and any regulations
promulgated hereunder.
Section 4. Inspection of uninhabitable structures.
The Minimum Housing Enforcement Officer has the
authority to inspect any structure for the purpose of determining
whether the same is uninhabitable.
Section 5. Notice Contents and Posting.
If, after inspection, the Minimum Housing
Enforcement Officer find- a F-*_rur_ture to be un.inhab4 tabs e, the
Officer shall issue a notice stating that the stru-cture has been
found to be uninhabitable. Such notice shall be posted in a
conspicuous location on the structure which the officer has
determined to be uninhabitable, and shall be in substantially the
following form:
ORDER TO DEMOLISH UNINHABITABLE STRUCTURE
p, a
This structure has been found.by the Minimum Housing
Enforcement Officer to be uninhabitable pursuant to Ordinance
of the Code of the City of South Miami. THIS STRUCTURE
SHALL BE VACATED AND SHALL NOT BE OCCUPIED. The owner or holder
of a secured interest in this structure shall demolish the same
within 20 days of this order or the same may be subject to
demolition by the municipality of South Miami. THE OWNER OR
HOLDER OF A SECURED INTEREST IN THIS PROPERTY MAY APPEAL THIS
FINDING WITHIN 20 DAYS OF THE DATE INDICATED BELOW BY SUBMITTING
A WRITTEN PETITION TO:
Chairman, Minimum Housing Appeals Board
140 West Flagler Street
Suite 803B
Miami, Florida 33130
CAUTION: FAILURE TO APPEAL MAY RESULT IN THE
DEMOLITION OF THIS STRUCTURE WITHOUT FURTHER NOTICE OR HEARING.
DATE:
[Signature, name, address,
- phone # of Minimum Housing
Enforcement Officer
Section 5. Written Notice.
Within 72 hours of posting the ORDER TO DEMOLISH
UNINHABITABLE STRUCTURE the Minimum Housing Enforcement Officer
shall send the owner and any interested parties a written notice
setting forth the defects which render the structure
uninhabitable and the time within which the structure must be
demolished or an appeal requested. Such notice shall be sent by
certified or first class nail addressed to all such parties" last
known address as reflected in the records of the Dade County
Property Appraiser.
Section 7. Notice by Publication.
A notice shall be published by the Minimum Housing
Enforcement Officer in a newspaper of general circulation in Dade
County _once a week for two consecutive weeks. The published
notice shall contain the street address of the subject property
and the names of the owner and any interested parties. The
notice required by this section shall state that the subject
demolition, and that the finding may be appealed by written
petition to the Minimum Housing Appeals Board within the
applicable time period.
Section 8. Final Order.
The ORDER TO DEMOLISH UNINHABITABLE STRUCTURE
shall automatically become a final order authorizing demolition
'r
e
in the event that no written appeal from the notice is received
by the Minimum Housing Appeals Board 20 days after the date of
posting.
Section 9. Recording of final order.
Whenever the ORDER TO DEMOLISH UNINHABITABLE
STRUCTURE becomes a final order authorizing demolition if no
appeal is taken, or pursuant to a decision by the Minimum Housing
Appeals Board, the Minimum Housing Enforcement Officer shall file
a copy of such final order, together with the street address or
legal description of the subject property, with the Clerk of the
Circuit Court of Dade County, Florida, who shall cause the same
to be recorded among the public records of Dade County. The
recordation of such final order or other appropriate instrument
as herein provided shall constitute constructive notice to any
subsequent purchasers, transferees, grantees, mortgagors,
mortgagees, lessees, lienors, and all persons having, claiming or
acquiring any interest in the property described therein, or
affected thereby.
Section 10. Appeals to the Minimum Housing Appeals
Board.
The owner, the holder of a secured interest in the
property, or other interested party may appeal the findings of
the Minimum Housing Enforcement Officer to the Minimum Housing
Appeals Board by submitting a written petition within twenty (20)
days of the date indicated on the posted notice to:
Chairman, Minimum Housing Appeals Board
140 West Flagler Street
Suite 803B
Miami, Florida 33130
The board shall hear and consider all facts material to the
Minimum Housing Enforcement Officer. Any person aggrieved by the
decision of the board may seek judicial review in accordance with
t the applicable Florida Rules of Appellate Procedure.
Section 11. Uninhabitable structures.
(1) A structure shall be uninhabitable when:
j
a 3
(a) It is visited by persons for the purpose of
unlawfully procuring or using any controlled substance, as
defined under chapter 893 of the Florida Statutes, or any drugs,
as defined in chapter 499 of the Florida Statutes, or
(b) it is used for the illegal keeping, selling
or delivering of such controlled substances or drugs;
and the structure is found to have one or more of the
following characteristics:
(i) it is vacant, unguarded and open at
doors or windows,
(ii) there is an unwarranted accumulation of
debris or other combustible material therein,
(iii) the structure's condition creates
"hazards with respect to means of egress and fire protection as
provided for the particular occupancy, -
(iv) there is a falling away, hanging loose
or loosening of any siding, block, brick,' or other building
material,
(v) there is deterioration of the structure
or structural parts,
(vi)',the structure is partially destroyed,
(vii) there is an unusual sagging or leaning
out of plumb of the structure or any parts of the structure and
such effect is caused by deterioration or over- stressing,
(viii) the electrical or mechanical
installations or systems create a hazardous condition, -or
,ix) an unsanitary condition exists by
reason of inadequate or malfunctioning sanitary facilities or
waste disposal systems.
(2) A structure shall be presumed to be utilized for
the purposes set forth in (1)(a') or (b) above when there are one
or more arrest or police reports of incidents which involve the
keeping,' consumption, or delivery of controlled substances or
drugs on the premises of the subject structure during the period
of six months preceding the posting of notice by:the Minimum
Housing Enforcement Officer.
(3) A structure found to be uninhabitable "as provided
herein shall be subject to demolition,.
Section 12. Recovery of cost, liens.
(1 -) All costs incurred pursuant to this Ordinance
shall be paid by the owner.
(2) The Minimum Housing ,Enforcement Officer shall file
71, S -
the date of execution of actions authorized by this Ordinance.
(3) The enforcing agency may institute a suit to
recover such expenses against the owner and may cause such
expenses to be charged against the property as a lien. Any lien
imposed for demolition shall constitute a special assessment lien
against the real property and until fully paid, discharged
released or barred by law, shall remain a lien equal in rank and
dignity to a Tien of ad valorem taxes and superior in rank and
dignity to all other liens, encumbrances, titles and claims in,
to or against the real property involved.
f
Section 13. If any section, subsection, sentence,
clause or provision of this Ordinance is held invalid, the
remainder of this Ordinance shall not be affected by such
invalidity.
Section 14. I t is the intention of " the -Mayor and City
Commissioners, and it is hereby ordained that the provisions of
this Ordinance shall become and be made a part of the Code of the
City of South Miami, Florida. The sections of this Ordinance may
be renumbered or relettered to accomplish such intention, and
the word "Ordinance -" may be changed to "Section ", "Article ", or
other appropriate word.
Section 15. This Ordinance shall become effective upon
adoption.
PASSED AND ADOPTED this day of , 1990.
APPROVED:
ATTEST:
CITY CLERK
RLAD AND APPROVER AS TO FORM:
CITY ATTORNEY
1