01-19-88OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
JANUARY 19TH, 1988
7:30 P.M.
A. Invocation
Next Resolution: 13/88/8029
Next Ordinance: 1/88/1297
Next Commission Meeting: 2/0211'88
B. Pledge of Al- legiance to the Flag of the United States of America
C. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report
ORDINANCES - 2ND READING AND PUBLIC HEARING:
/— Q t1
3. An ordinance repealing Ordinance No. 11 -86 -1256, heretofore.adopted by the South 4/5
Miami City Commission on August 19th, 1986, which ordinance amended Section.9 -3
of Chapter 9 of the City's Code of Ordinances, and establishing one place of
polling for all general and special elections of the City of South Miami as the
fire station located at the City Hail complex, 6130 Sunset Drive, South Miami,
Florida. ice- aysr McC� n n Q.
4. An ordinance designating the Place of Polling, Date an Time of the Special City 4/5
Election to be held in conjunction with the Regular City Election on Tuesday,
February 9th, 1988. (Mayor and Commission)
RESOLUTIONS FOR PUBLIC HEARING:
43. a�
5. A resolution granting a freestanding sign variance in a Commercial Office (CO) 4/5
District where such signs are not permitted, said sign being 6'8" by 4'5," pursuant
to plans dated August 17th, 1987, sketch number 87585, on property legally
described as: Lots 12, 13, 14 and the West 25' of Lot 15, as recorded in Plat
Book 41 at Page 41 of the Public Records of Dade County, Florida, a /k /a 6180 Sunset
Drive, South Miami, Florida. (Exxon) / ( dminist`�ration /PPla ni Board)
— CT
6. A resolution denying a variance to allow a less r st'°. Cf r ive use of a permitted , 4/5
non- conforming building, such less restrictive use the serving of alcoholic '
beverages, on property legally described as the North 64' of Lot 10, and all of .
Lots 5, 6, 11.and 12, PINECREST VILLAS 2ND ADDITION, as recorded in Plat Book 56_
at Pages 5, 48 and 63 of the Public Records of Dade County, Florida, a /k /a
7710 S.W. 59th Avenue, South Miami, Florida, (American Legion Post #31)
( Adm jnisi<rat�io�n/Pia'Board)
7. A resolution denying a variance to allow a 1316" rear setback where 25' is normally 4/5
required, on property legally described as Lot 48 less the East 27.5' of Block 8,
FRANKLIN SUBDIVISION, as recorded in Plat Book 5 at Page '34 of the Public Records
of Dade County, Florida, a /k /a 6516 S.W. 59th Court, South Miami, Florida.
(Administration /Planning Board)
��. Q RO
8. A resolution granting a variance for a waiver oflplat tore to two (7 t 4/5
independent lots where one (1) presently exists on property legally described as
a, the South 125' of the East 200.14' of the West 400.27' of Tract 12 of PALM MIAMI
HEIGHTS SUBDIVISION, as recorded in Plat Book 43 at Page 37 of the Public Records
of Dade County, Florida, a /k /a 60xx S.W. 82nd Street, South Miami, Florida.
V' (Administration /Planning Board)
RESOLUTIONS: 3
9. A resolution authorizing the City Clerk's accumulated annual leave to be paid to
3/5
a her at the same rate the hours were accrued and in an amount to be determined by
the Official Records of the Personnel Office of the City of South Miami, Fl- orida.
(Vice -Mayor McCann)
10. A resolution authorizing the Acting City Manager to go out for bids for carpeting 3/5
for City Hall; a microphone system for the City Commission Chambers and an over-
head projector for the Planning, Zoning & Community Development Department..
�OVI (Vice-Mayor McCann)
�� -Y0,33 A
P
REGULAR CITY COMMISSION MEETING
JANUARY 19TH, 1988
PAGE 2
RESOLUTIONS (CONTINUED): 9? �• � y ref
11. A resolution authorizing the Acting City Manager to execute an amendment to the
employment agreement between the City of South Miami and the American Federation
of State, County and Municipal employees. (Administration)
12. A resolution approving a chance in format for the Official Agenda of reaular City
Commission meetings. Mavo`�Jrter '
13. A resolution aut orizi e Actin City Mana lr to purchase i 6 o ice
h nath a v a sx( )per
vehicles for the Police Department.
' P. (Admini trati n)
14. A resolution authorizing the Acting City Manager to purchase e ty -seven (27)
police radios for the Police Department. (Adm'n' trat' n1 j i
15. A resolution issuing the Mayor's Proclamation e e farin the Sp cial City Election
held in conjunction with the Regular City Election on Tuesday, February 9th, 1988,
in the 'Fire Station at South Miami City Hall Complex, 6130 Sunset Drive, South
Miami, Florida, for the purpose of a Regular Election to elect one Commissioner
from Group I! and a Special Election to submit Charter Amendment questions to the
electorate as provided by law; designating the time of opening and closing of the
polls, naming clerk of the election, deputy clerk of the election, deputy sheriff
of the election and inspectors of the election and other personnel.
(Mayor Porter).
3/5
3/5
3/5
3/5
3/5
16. A resolution authorizing the Acting City Manager to execute a use agreement 3/5
between the City of South Miami and the Khoury League.
(Administration)
ORDINANCES - FIRST READING:
17. An ordinance granting a change of zoning from Commercial Office (CO) to Neighbor- 4/5
hood Commercial District (C -1) on property legally described as Lots 12, 13, 14
and the West 25' of Lot 15 of the Revised Plat of Poinciana Parkas recorded in
Plat Book 41 at Page 41 of the Public Records of Dade County, Florida, a /k /a
6180 Sunset Drive, South Miami, Florida (Exxon) (Administration /Planning Board )
REMARKS:
An administrative appeal from a decision of the Environmental Review & Preservation
Board on December 1st, 1987, regarding sign on the parking garage of the Bakery
Centre by tenant, Parallel Bar.
An administrative appear from the City Manager's decision regarding 68th Court
and Sunset Drive.
NOTICE IS HEREWITH GIVEN TO ALL INTERESTED PARTIES THAT IF ANY PERSON SHOULD
DECIDE TO APPEAL ANY DECISION MADE AT THE FORTHCOMING MEETING FOR WHICH THIS
AGENDA CONSTITUTES NOTICE, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDING`
CONDUCTED AT SUCH MEETING AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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ORDINANCE NO. 11 -86 -1256 A
AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, REPEALING ORDINANCE
NO. 11 -86 -1256, HERETOFORE ADOPTED BY THE CITY
COMMISSION ON AUGUST 19TH, 1986, WHICH ORDINANCE
AMENDED SECTION 9 -3 OF CHAPTER 9 OF THE SOUTH MIAMI
CODE OF ORDINANCES, AND ESTABLISHING ONE PLACE OF
POLLING FOR ALL GENERAL AND SPECIAL ELECTIONS OF
THE CITY AS THE FIRE STATION LOCATED AT THE CITY
HALL COMPLEX, 6130 SUNSET DRIVE, SOUTH MIAMI,<
FLORIDA.
WHEREAS, in the past, all general and special elections of
the City of South Miami.have been held in the fire station at South Miami City
Hall; and
WHEREAS, the City Commission is desireous of maintaining
this traditional polling place that is familiar to all residents of the City when
voting in regular or special City elections.
NOW, THERFORE BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Ordinance No. 11 -86 -1256, heretofore adopted
by the City Commission on August 19th, 1986, which amended Section 9 -3 of Chapter 9
of the City's Code of Ordinances by establishing two additional polling places for
special and general elections of the City be and the same is hereby deleted:
That- Seet4®n- 9 -3 -o €- Chapter -9 -of- the- Eede- of- 9rd4nanees -e#
the- G4ty -o €- South- M4aml;- Fler4da; -be -and- the - same- 4s- kereby
amended- te- de4 sgaate -twe- 424- add4 tienal- peMng- p4 aces - €ep-
ail- general -and- special- elections -e €- the- Gity- of- Seatk:
M4am4 - as- €ollews+ Amer#eaR- LegaieR- Nall - #31Y- 7719 -S:Wv
59th - Avenue- and - Rope- EetheraR - Churebs- 6339 -94rd -Read;
South- kiamis- Florida.
Section 2. That Chapter 9 -3 of Chapter 9 of the City's Code of
Ordinances establish the Fire Station located at the City Hall Complex, 6130 Sunset
Drive, South Miami, Florida, as the polling place for all general and special
elections of the City of South Miami.
ORDINANCE NO. 11 -86 -1256
'AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA
AMENDING SECTION 9 -3 OF CHAPTER '9 OF THE SOUTH
MIAMI CODE OF ORDINANCES BY -DESIGNATING TWO (2)
ADDITIONAL POLLING PLACES FOR ALL GENERAL AND
SPECIAL ELECTIONS FOR THE CITY OF SOUTH MIAMI AS:
AMERICAN LEGION HALL #31, 7710 S.W. 59TH AVENUE
AND HOPE LUTHERN CHURCH, 6330 BIRD ROAD, AND BY
CHANGING THE POLLING PLACE NOW DESIGNATED IN
SECTION 9 -3 OF CHAPTER 9 TO THE CITY OF SOUTH
MIAMI FIRE STATION, 6130 .SUNSET DRIVE, SOUTH
MIAMI, FLORIDA.
WHEREAS, the number of registered voters in the City of South Miami,
Florida, has increased significantly to have designated more than one polling
place for all general and special elections in the City of South Miami; and
WHEREAS, the original designation of a polling place for all general
and special elections in the City of South Miami, Florida, was the Community
Building, 6150 Sunset Drive, and that building is no longer used for that
purpose; and
WHEREAS, the polling place, designated by ordinance prior to each
general or special election, as required by Section 2, subsection A. of
Chapter V of the City Charter has been City of South Miami Fire-Station,,
6130 Sunset Drive, South Miami and it is for clarification and uniformity
this should be so designated in Section 9 -3 of Chapter 9 of the South Miami
f
Code of Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 9 -3 of Chapter 9 of the Code of Ordinances of
the City of South Miami, Florida, be and the same is hereby amended to
designate two (2) additional polling places for all general and special
elections for the City of South Miami, as follows:
}
5
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American Legion Hall #31
7710 S.W. 59th Avenue
South Miami, Florida
Hope Lutheran Church
6330 Bird Road
South Miami, Florida
0
is
Section 2. That Section 9-3 of Chapter 9 of the Code of Ordinances
of the City of South Miami, Florida, be and is hereby further amended to
change polling, place previously designated to the polling place currently
used:
South Miami Fire Station
6130 Sunset Drive
South Miami, Florida
in the interest of clarification and uniformity.
PASSED AND ADOPTED this 19th day of August 1986.
APPROVED:
ATTEST:
w MA TOR
V,
CIT ERKF6;,-
APPROVED AS TO FORM:
CITY ATTORNEY
Passed on Ist Reading: 815186
Publication date: 8/8/86
Public Hearing date: 8112186
Passed on 2nd Reading:
-2-
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ORDINANCE N0.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, DESIGNATING
PLACE OF POLLING, DATE AND TIME OF THE SPECIAL
CITY ELECTION TO BE HELD IN CONJUNCTION WITH THE
REGULAR CITY ELECTION ON FEBRUARY 9TH, 1988.
WHEREAS, the City Charter, as amended, provides for the
regular City election to be held during February of each even year; and
WHEREAS, the City of South Miami will be holding a special
election in conjunction with the regular election at which time Charter
Amendment questionswill be submitted to the electorate of the City; and
WHEREAS, the Code of Ordinances of the City provides that the
City Commission shall designate the polling place, date and time of the City
elections.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there will be a special election of the City
held in conjunction with the regular election of the City on Tuesday,
February 9th, 1988, at the Fire Station located at the City Hall Complex
located at 6130 Sunset Drive, South Miami, Florida.
Section 2. That the polling place for said general and soecial-
election of the Citv will be oven from 1:00 A.M. until 1:00 P.M. as prescribed
by claw.
PASSED AND ADOPTED this day of 1988.
APPROVED:
E
ATTEST:
YOR
ITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Passed on 1st Reading: 1/5/88
1
Passed on 2nd Reading:
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, GRANTING A FREESTANDING
SIGN VARIANCE IN A CO (COMMERCIAL OFFICE) DISTRICT
WHERE SUCH SIGNS ARE NOT PERMITTED, SAID SIGN BEING
6'82" BY 4'52" PURSUANT TO PLANS DATED AUGUSI 17TH,, 1987,
SKETCH NUMBER 87585, ON PROPERTY LEGALLY DESCRIBED AS:
LOTS 12, 13, 14 AND THE WEST 25' OF LOT 15, OF THE REVISED
PLAT OF POINCIANA PARK AS RECORDED IN PLAT BOOK 41 AT
PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
A /K /A 6180 SUNSET DRIVE, SOUTH MIAMI, FLORIDA.
PLANNING BOARD AGENDA ITEM #PB -87 -010
WHEREAS, Exxon Co, U.S.A., has requested a variance for a free-
standing sign in a CO (Commercial Office) District where such signs are not
permitted; and
WHEREAS, on June 9th, 1987, the Planning Board of the City of
South Miami recommended approval of the variance request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA:
Section 1. That the freestanding sign variance in a CO
Commercial Office) District, where such signs are not permitted, said sign being
6'8'2' by 4'52" pursuant to plans dated August 17th, 1987, sketch #87585, for
g property legally described as: Lots 12, 13, 14 and the West 25' of Lot 15, of the
REVISED PLAT OF POINCIANA PARK SUBDIVISION, as recorded in Plat Book 41 at Page 41
of the Public Records of Dade County, Florida, be and the same is hereby granted.
PASSED AND ADOPTED this day of 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
5
CITY TT RNE
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NOTLCE OF PURL IC 11 CARING
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it is not ailcwt.d.
L =GAL D' S:RiF110%, Lots 12, 13, 14 an? "Ic' '; -.st ft. of Lo: lS 01 "-e
ReViSed Plat Of POit)Cf„na P irk, Plat Look 41 at Page
41 of the Public Rocords of Dade County, Flori3a•
WCATION- 6180 S, W. 72 Street, Sutttll Hla ^ti, Florida 33143.
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TO '"Y MATTCR CON810EACO AT THIS %AECTIRG Olt mEAfY1%:t.1P •..,• H ,•f."014 'Vlt g- tJf•i'P A FfCprt7 A} getE
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PV*4.IC HCARING WILL 1C NCLO IN TH1t COMMISSION CHAlwnt u. AI -fit . t t� ►IA/ I, 1,11•, i.r•• t t tc...y.
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ekg A C RtVoo_VtCHO TO T1it CITY COMM""*" WHAT"Ck tHP 11tlAt•,t 1IN •iNf k1 fN Trtl tfl' � E /A tf kl Ki rcm
AtC AOSi/l INV°t -VE0, THr COAROtS 149COW- MENDATICW ON THIS AAA11Ise
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INOUIRY.
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ftmNING BOARD _
�Itv, re -a• S THIS IS A COURIESY NOTICE .
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2 O N I N G a E t I T 1 O N
'toperty Description, Location and Legal: Said property Is an Exxon Co =pany, L.S.A.
ice statier. located at 6180 SW 72nd Street, C.ty of South Miami,_ Florida. Legal
ription Is a *ta:hed.
;nest: The Nne:s of the above property, Lave +r.adre the following re- .;cEst:
Nners request a variance be granted at the a:.ve mentioned site for the installation
a 5' high by 8' vide internally illuminated Exxon identification sign. The existing
-vice station is presently without an identification sign and is at a severe
advantage versus its competition. - _
'etition: We, the undersigned property a•aers, are within 300 feet of the above
property. We understand and approve the above request.
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HEAR 1K as C.g Exxon Corporation
Service stations �a.e very :articu'i- needs. 'me 1cr.inc Code recogn4zes
s . - sta_'. is :r._ u5_. two Ioninr,
distr�C`.5 "C -1 anC , -s). ;��Y..JC� .�P JJse
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this u^iyue -,ess. t�- sign, celinan,- " -cs not c-f:c••sntiate between uses
;r:r'it.cC aid Spe:ia' lases.
�igr:a;: for service staticr.s shoo` to a sevat!v d* Cist,nct Cart cr
the s'gn crdirance. ;inliie t.a ^.y c•:-E- service n1- rCiEil e3tablishren,ts,
scrvice s!ations rely prif-aril_v on i— ,n;lse bu,.i!19 ar,% ad-,ert :sed pricing
which cores under County regulations. this type of purchase requires
recognition of the establishrient from a distance. the distance is based
on the rate of the vehicular speed ?nd the character of th? roadway. At
higher speeds, (aicng Dixie Jighway for exampie) a simple, clearly legible-
pole sign is most effective. In a :'ncwledgeP,,nt cf the fact that Sunset
Drive is somewhat slower and lower in scale than the hiq!,way, the appli-
cant is proposing a low profile la ^dscaped sign on the northwest corner
of the property. 'he intent of t-. corner 'sign is to 01-w soae visibi-
lity fror*, all directions. To achieve similar results without a detached
sign, the applicant would need to :;a;e additional f134 signs on three
sides of the rain L_ilding.
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Basin data
Applicant: Exxon Co., USA---------
Location: 6180 S. W. 72 Street, South Miami, Florida
' Legal Description: Lots 12, 13, 14 and the west 25 feet of lot 15
of the revised plat of Poinciana Park, Plat
Book 41, page 41 of the Public Records of
Dade County, Florida.
Request: Variance to permit a free standing sign in a district
where it is not allowed.
BackFr��;:rd
1) In April, 1984 Exxon Co., USA a:plied for but was denied a
�variance for this service ,tation that would allow a lo.:
profile, twenty -five ([5) square foot "EXXON" identification
si,n in a district where no detached signs are permitted.
Staff .ecornended approval based upon the special signage
needs of service stations, and the relationship that a low
profile sign would have with the character of Sunset Drive
which was identified as being slower and lower in scale than
US -1.
At the Planning Board Meeting of March 27, 1984 Mr. Jack
Williams, representing Exxon Co., USA stated that the
applicant proposed to remove an existing forty (40) square
foot pole sign. This proposition conforms with the intent
of South Miami Zoning Ordinance 9 -2: -- — — - --
NONCONFORMING SIGNS
Where a sign does not comply with the provision of these
Regulations, such sign and supporting structures, other
than a building, shall be removed not later than seven (7)
years from July 270 1976. No permits for additional signs
L71 t:AIW�W-A
Retu13T
geld, s>» ^t to due notice i- C- ^i�sinr Chanbers
T.,esJav, .tune 9, 1987
z. b ' c
Cr to the Ila_ Q: t :' ..e. ...:c$ C: crlc3.
c i serf
n An : rt -. s
T1r ama s Coo ?e r
8- -jce Hoff7ann
Susan Kraich
Larry LiEaw% are
Robert Myers _ �...
Richard Prentiss
In attendance: Mark Balkovek, City r1i.ioer, ant David lic,t.ierson, Planning
Technician.
C. Pu: l is nearing No. 87 -010,
Applicant: Exxon Co., V.5;-A.
Lcc3tia:: 6118J S. W. is Street, South Mia-i, Florida
Lee;al Description: Lots 12, 13, It and the west 25 feet of lot 15
of the revise' plat of Poinciana Park, Plat
Book 41, page 41 of the Public Records of
Dade County, Florida.
Request: Variance to permit a free standing sign In a
district where it is not allowed.
€' Charles Steele, Exxon engineer for South Florida; Chris Mann of,Bengis
Associates, the contracting firm that installs Exxon signage; and Racoon
Perez, the dealer of the station, addressed the Board and signed in.
Mr. Steele stated that be has the responsibility for 50 to 60 stations,
and Mr. Perez's station is the only one without an identification sign.
The stations typically have one or tvo signs, and his only Identifica-
tion that it is an Exxon station is on the spreader bar that goes across
.the pups which is about 30 -40 feet away from the road. Photographs
'were shown of other stations throughout South Miami with identification
signs, and it is felt that this puts Hr. Perez at a competitive disad-
vantage. Significant landscaping is to be added with the sign.
Chris Mann then addressed the Board and stated that the proposed sign is
modest 4n design and colorations is a ground style siren, and only 32
square feet. He indicated that it has passed the Environmental Review
and Preservation Board. It is a reds white and blue sign with a black
support mechanism surrounding it and installed on a low profiles brick
monument, He stated that he had worked on tho monument sign at the Hiamt
Diagnostic Center when it was for a bank and then the revision. The only
other signage is the gasoline price sign which required a variance but
vas mandatory witb the Dade County Consumer Protection Agency, This*
however, has nothing to do with the Won identification, He bellevse
this sign is small* swdestt. bas the applroval of the ptl '
scaping will enhance the neighborhood. The firm did a row �•o:•��
pp �e1F tTie tsaigts•,,� • ,
$ors in the area and all were in favot of the proposed sign except for tl+t ;... _
real estate office.' ti
Kr, Peres addressed Ae Eoard and stated there used to be a large sign cs
the corner for approximately 1S•years. Ne took over the station &boat
SIX years ago and three years aSar.i�e Jorge sign came dove bjesty,e of M
the change in toning,% no stated-A14 i to $ fasil #es were.sukport� by
this business* that they art the only ones !n the area`vft oull i sigRa *nd
that tltc,y really-need�"it.
11-i! i#•n :r intad 1 _ June 5, 198:
sL.311 be issued for any business on which there are any
- onconf -ping signs solely ser : :. :g said business, except
centers containint sever, (7) or core acres.
-e:e: e� a •az --ce fcr
_ t: a11: - t,
e;3-. __, sigsns are aver —se gasoline
::es. Staff t!�- ira:tice
_..:1 ''ia7ii c: s, : `ce ii:_ $ Y__.in tracCs oi their
:..-.e r Imps. A a' CtCo �-issi Meeting
of .ne 11, 1553 `,r. kancc = =`E station =anager /lesXe ,
st3Lc-_� that the service s:a ".z; 's sign -ae bee- renoved.
i, 195 the F- :iro�.-a- :al ?eVie: acid Preservation
Scard gave its approval of t`.ea- sthetics of the proposed
S. gn
Anal vsis
1) This service station is located in the C -0 district, the
purpose of wlieh is to "permit uses which will accommodate
professional and business office space needs in a relatively
intensive centrally located manner" (sec 5- 11 -1). Service
stations are not permitted as a regular or Special use in
this district. The service station is a nonconforming use
in the C-0 tone.
2) The service station has "E.�'t�i : :" signs currently in two
places, one logo sign approxi_ately two square feet in
area and a name sign approxi =ately three square feet in
area. The station is identifiable as an Exxon, affiliate
upon inspection, but no clear statior ideitification exists.
3) The proposed sign is a five (3) by eight (8) foot Exxon
identification sign. It is of the sage design as, although
larger than, the sign than was proposed and rejected -by the
City Commission in 1984,
4) In his letter of application for this variances Mr. Charles
Steel, Field Engineer from the Exxon Co., states that this
service station is "at a gross disadvantage not suffered
by any other station in the City," because "the -site is
nearly devoid of point of purchase Identification," as a
result of the C-0 district sign regulations. In the C-0
district businesses are permitted "one flat sign, not to
exceed two (2) square feet in area for every ten (10) feet
of linear lot frontage. Corner lots shall be permitted one
•� additional flat sign on the wall facing the side street,
4
1
_i -
5
° -S, i.irsd 3 June 5, 148;
area of said sign shall no: exceed fifty (50) percent
e pernitted area of the f:_nt flat sign. Direct
' :. ;-ination" (sec. 6- 3- 5.0:). ':ne service station has a
1— fronta_e of 1175 fee. Vnder -.he re. :3tion
_ J.. -e At Si Zns . - t -,irt; i aid
a-,. c-.t- aif (1 ..ti s- are fee'. are ;,e. ^ :tted
_ :-e :ra_ :t.o-9i se: .:e s ati r. design that set
.."'S o`:i.c `a: T3 the s::ee•, -e sirs
=e -a;ee T-re t an e: (80) fro- t -
right-of-
7 s section of S.-se: Lr :ve ..- r :,f ;aims a :xt�TE � zoning
.._..._._ t'.3: ...,? 2 C -. Cc, = ercial
:ri: -), C -2 -R Co.- ercial Restricted), and
OIEW'iur Multi- Family Resicential). This nixed zoning
is reflected in the variety of uses in the area. The
r-aiority of buildings are low -rise offices, with the "new,
eioh *_ story Advance Taster Bullring and South Miami Hospital
Surgery Center located in the next block. Other buildings
in the area have uses such as apartments, convenience store,
banks, South Miami City Hall and Public Library and a
competing service station located 'diagonally across Sunset
Drive from the subject property. This competing service
station is located in the 0_1 zone and Is advertised by a
free standing pole sign with!C.;evron logo approximately
sixteen (16) square feet in area.` This type and site sign
is permitted by the C -1 district sign regulations
(sec. 6 -3 -6.02) in which it is in.
6) '::e front and side set backs required by the South Miami
Zoning Ordinances in the C -0 zone are t:enty (20) fe t
(sec. 5- 11- 5.01). The proposed sign is fifteen feet from
the ,applicant's front property line and twelve feet from the
side property line,
7) South Miami Zoning Ordinance 801:
Vision
When an accessway intersects a public right -of -way or when
property abuts the intersectioa of two or more public rights
of way, all landscapting (fences, walls, gate ways, orna-
mental structures and other fixtures) within the triangular
areas described below shall provide unobstructed cross
visability at a level between three (3) feet and six (6)
feet, provided however, trees and palms having limbs and
foliage trimmed in such a manner that no limbs or foliage
•s A.
e t
i
s
S
0
Ar.a-- Spinrad - June S, 1987
:e into the cross- visibi:i:v area shall be allcwed,
:'ems t11e-.� are sc located s: as not to crea:e a
'.c a7za C -I(- rt V ' ' - Sidcs Of a n a :e55�3
of each side t::e a_cess-
.a., and public rigs: of w: line with t.+c sides of
�3 tri_nile being ter feet in length from
t=z Point of intersection and the thin'. side being
:,e te:'.'ect ing the _ of the other t-c s:.'es,
b. t -,e area of property locate at a corner formed by the
intersection of two or more public rights -of -way
with two sides of the triangular area being twenty (20)
feet in length along the abutting-public right -of -way
lines, measured from their point of Intersection, and
the third side being a line connecting the ends of the
other two lines.
The proposed sign is outside of the visibility triangle and not in
viciation of this Ordinance.
Feco,.�..en4at ion
This request for variance states that the Applicant's service
stati= is suffering a hardship be:ause regulations of the C -0
district prevent the Applicant fro- erecting adequate sign.-ge.
This hardship is the result of the removal of the station': pole
sign in compliance with Ordinance 9 -2. This hardship is not
self - imposed.
Zoning Ordinance 12 -2 -4 states that "variances shall be granted
only for the reasons of demonstrable and exceptional hardship
as distinguished from reasons of convenience, profit, or caprice."
The Applicants service station is a for - profit business and the
stated purpose of the proposed sign is to increase the Ideatift-
cation of the station by customers. This variance is sought for
reasons of profit and cannot be recommended for approval over the
restriction of see. 12 --2 -4. In addition, the proposed sign falls
outside the required setback lines established for the C-0 zone.
Staff recommends denial of this variance request,
1
.r
• °`'4 - - -�.. ".�v: ails
.r
• °`'4 - - -�.. ".�v: ails
fr
It r
Minutes of the ERPI - kril 7. Iy.-i
this 1. -,cation w•ot, J !e PA:
tanJ 1- -cated dire, ( I t . ,,1
�„t• i :,,l I � �;
letters. Other ten.tnt, it %t
v r.. ;
:ettcrs t.-itl) white r1.1"t, f ,
► �.. , � _
trast than vl,tte let tcrs
e` ,r
a-..r,dment to stnte for th... t
t
1�e rerwitted an,J no ei
f..- consis:en;y.
.1scussion f.,ilcw2C on t..,
.ban4, placing tine si&n is :'
r
C,--7,e T , a71%" SVrj :y : t ;.
i.i i .!'. . '
!�• 71.•1 ).. �,
Vote: Vz%rr. 't
�.1^ •• "
I. £8 -87 -039. Preliminary approval of 111urtir -alted sign.
Applicant: Uxon Co. 11tiA
Address: 6180 S. 1:.
Represented by: Ori- '
the Cha i rr..an rest*, a n ^t c• �.• 1
"7o ldhcm it May Cn(,ti•TO: ;i:. ,t
for cor=al rejection. The s t• :.,.
;. ; :. v..r
section is incurred."
T }.e ,applicant explained tli: i,. 1••;: ,
,. 1 :,,; i.
and the City Commission to tl,i •
It. i Oetaci t•d i +• : . - not
allowed in this zoning. The
a fov: •+1 a jrc t ; oa
by the Planning Board to cor, i ::
ta:J'1:. Th.. rifa (. 13: a 1i! tic
misleading. This sign is basiral Ir its.-
.: wit- : -i to Ow If.-pr
favorable recommendation cn 1+t-for, •,.•t,
11 • :ts;h the v::ri:I. r,::t p^cit! %n
failed. The 30' setback wis =1i :rlt. :� :.•.:
.:,.1 �;,• 1 :,�.ttic�lt of ;I:,a in
conjunction with the control Alp
i••rtt,t %••:t:. ,,,ly ;.)proval
of the design.
KOT1014: Jan il,,:ir.ai,,
ti.: 11 ..;rl a r,rnvo the
aesth, t;, . ,�i .i,
: i;,r l ►n;;r�t! vn the ata-
tit•n,vish ;h,• . ..
•t 1.111 titnt this Sis; :t vr�Id
be rve;i otl t.,, ,
.' , a• i :j)
with Iit
Ir1. +.r.•'•• (.�1121t : :ntt'.. .,f ti,v Code.
UJ.•!.o r U•+ w...•t
:.•.I 1 i,• ai•11 i•,:,,
1
Ate. .y .. .ai1a. r. i •.
;4 SW
J. .r •
• S�..:.. t .... .. .•.
n111 not.vs
of the f.Pt G =
to the J.. �U-..tatt• the 0. -1iI +•..
•� a,t ••:t•.t
1 t i 1. +.
.�; i.F .ti , 1
i�he t
at, t .c' ,
t. • is t l tn, •�. artpt�s
.
ote 1 la •� '
4 , �'
:E":E-
r 7 t:
t ie - t.Critati.'i; .1't a' Yi
-t' ;t i5t': tie
fir -Tt J { ?
t'.Q ...'.0 1.'
t 1-e put in 0:2 p.-irk
;L: irtilty is fi -ring
;ar&e
1:
ar.t . a':ry .ill hav - it hv. 1 1 ,.'.1 .,i.
.t ; •l:.ti a, l�,' ; ;r-:h; ':»lb•:s
anc ctr.t:s gill be L;.: +; .. :^ .� k t
i n• •t �.t.tt re-•,:st +d
discretionary p v2lr;;: .,i v; t I.,
:• „'. fc- hotter c• :.crane.
.,
asst brirrinb in cxottl:a• t-r-,
••_••f -th, r_i ;',: size
of naives. Vie Artpi a.,;. »t /iut st a) ,...i. ate On t.,t :�a.ir. ^•
ric: trite � ?.,,•c- •.a.•:�t . ±: t i�a i .. �..� t
. , - 'n � 1. ,•.. •- ,�:. :t i •.1�
tQ ..Sv Lis'` r •:: •S.
UP"' 1 'It i
t., 7,tit l frv:
•11:e:
SG: 1'
h.
£B- S; -04I. Final ,r,::.c�..,l �: s, .;
_
- ,. ?L,i•�. i'r��t�r it.
violat it•n. Thf s 1 tcr. was :. '', a t /: •-,:J
1 ; , ;sc m. e: it%.
Applicant was not preivnt.
i.
EB- 81 -4L3. Final .7pp:rv.ti of ::.•rrna t i,�,
:r,athlit i�;tt to rulti1.1tsg single -
family home. Project in violzt!on.
Applicant: Thos;;s Murtatis;ls
Address: 632: S. W. 813 :•t t:
1'e
Represented by: 11(,:jis Hurl.mi h
It was establish .-d that this work was 1•ort,,let-_1 without a pf -Mtt. The
applicant claimed Ignoraure. Thr Iloo d
t•rvtr::t' h13ns Z-id p'ootographs.
and discussed various objections to ti,-
int:lclding a gable
roof cn top of a hip and iravin ; tho• c• i%t
. no al iganent of the corner,
and the appearance of ono lx• r.:• not en t
soh of or.•;! hrr. S•,^agest ions
were made to .add a cricket it elluitti.it•'
0 hll, at:d T ^:,l;e a gable which
vould be the pro{ uc t:ay. .t.: it i
t;" • ira fl -1-0. ::•iuld rot quickly
• with the water carting; ;.t :a :•� :•t t Ir• 4.s f i .
* F
V.
• • . M.7I a
E {ON COMPANY USA.
April 18, 19d7
`".r. Mark C. Bal'kovek
Acting Director - Building, Zoning b
Co :-�_-jun.it} :evelopnent
6130 S_nse: -rive
FL
. • z. �:c212, Field .rn_1'_c:, � ... —.lt ', .S.A. �ia::"'� C: Teas t'_
intention tC see a `:3riafl_e for its at t1_j S.w. 2nd
St ia:-,., FL. The ste:.:lc na:t2: in q ::eS::i''1 is the i" it, 3. •3: 1, `n. Of a
pr...Ie ..3-1�5:37e sign. '
.. i. :e iS tr.c re Silt u. 0% l.it; �s X11:•^. 07 :.'.:'a, Y. ; {'? �� .g .:E: •¢�
s_'zns of ary sJrt in the st3:i0.'s 2onini area.
The Corporation believes this si;n is needed on several cwints. As a brief
inspection of the station will reveal, the site is nearly devoid of point of
purchase identification. Identification exists only on the facility's two gas
pump canopies. On each of these- Ti'ktures, the copy area is less than four square
feet. The Corporation feels this situation puts the dealer at a gross disadvantage
not su:fered by any other station in the city. A casual toir of South Xiami will
reveal that all other stations in the area have a det3chcl point of pLrc`.ase sign
of one sort or another. In many instances, these signs are quite generous in
size, much larger than the low profile (five feet, top to trade) thirty two square
foot sign proposed in this variance. An unfair •idvertisin: advantage •sn;ees_.o7ably
exists.
Furthermore, with so little identification on th, site, it is difficult to as:e: ;a ^
that the station is, in fact, an Exxon facility. Obviously, a r•otorist .itn a
prefe -ence for Exxon products and /or compare credit card holders could very easi:y
pass the station without realizing that it is' part of the Exxon chain.
Finally, with no street side identification to forewarn oncoming traffic, casual
motorists could very well pass by the station's entrances before realizing that it
Is there. With Sunset Drive intersecting with Dixie Hwy. only two blocks away, any
chance of doubling back to return to the station would be slim to none.
By way of conclusion, it should be further pointed -out that the Environmental Review
Board on April 6th, 1987 gave the sign a favorable recommendation with the condition
that the sign be kept to a maximum of five feet of over -all height. Beyond this,
special exceptions in this zoning area have been made in the pasta Indeed, the
station's neighbor, The South Miami Diagnostic Clinic Was granted a variance to
perform a change of copy on their existing low profile sign. The sign's original
Installation Was by variance when the building was under the ownership of a bank.
Hence, Exxon is not asking for an unprecedented circumstance.
S
• 1
4.
s
OF FROPt-Ft) LOVUPEU_R1" APPLICATION
13, i -, and the West ..
fret of Lot 15, c: "REVISED PLAT OF
_. ;.AN PAF ;.' .i:�:fA.nC Li t`. ,`:2• thErF..
Puy..,
re
i� ^:s.i:E Cf a CirC.
i �J''c zoo.... "� : tnt SG..Lr2� o ^.:
its elements a rad.__
cr 2: feet :,r. a : <ntra' ar. :1 c.
1:7.
In the ;r_ _. c - r v ` .. r
stance C" _ .0 feet to a p:. -..
ta: ;gin. t cn:e rua '
the ''. rt` ;ine ..
_ ,id s : _, 1 •, 1 , and 15 for a
Li .ante 150.36 fee: to a poi.^.';
t..en.e run 5.!- 0'33'00 "W. for a
distance of 118.94 feet to a point; thence run S.90 600100 11M', along the
South line of said Lots 12, 13,
14,_ and 15 for a distance of 175.`12 feet
to t'e point of Beginning. Said
Tract of land lying and being situated
in the City of South Miami, Dade
County, Florida,
a
i
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s
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F
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4{
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.✓ — YM.a..�J i.�.v1.FM• ••.Y:Tj �+r....e+n,R�...-.Yle.
�
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•`a+t^t,pM fwvit it tQa,l ►l4110 Asap !ttivRtat4t tittTta Aug }Ctfvt *tN t+•n4s•0tr111tL !r ♦t♦ It1
114 rir
O1 ♦IKfOA►i,;CfaRt fAOtttOtk6i rrtA♦ }t }1Aftltt! fpA f-uittl ht�,rr./t.
- "'.."'r'w.• t.. a-a: s.ar R.s:ir�l.^ar..x-wc- i„•r•t<,� err LL
AL tv+y�t t! tt ArA•et
.►,,�n A. Pere2 Pril
t Of A11a,,tAtr1 t,T! lip
c� 7 �nC St . South %harm _ +� _ 3J1 b3 665 -5595
( w.al wf•••► Oa •et
S. U ►t rrT• 4•a1A...f !)
•�.�tt �t~w ?ci':�•, .. C. R. Si�rii- .��2 ^i � v�1• Iii Ia�?
►
of Cr►+.ttjk C iIAI( j.P PwCvt
eta TV OPT.C*. 0A 4tCW?1tA4tTIIO• P..AC-0491 V4&0tI •i aA•+t A%q At ISJ.
Yti k tr0 %'C
-�tAw! ii t.0! CMLIR, tti ll,itIt Of •a. TrO•e.t♦ /Atw Cw,.t,A A G`
L CCSCRIPTION OF PROPERTY COVERED BY APPLJCATjO't
Tttift' uRCV•cE4 P }a: C: r'l�i.ld', ?ark" n j'j � G
"See Attached dcscript intt"
: AwO }O•.rr.OS
C• +LACA. covCAtO ST A►fittAT +Of �P.AVC% A•O OrI.;... wtrjl.ti 0i Ay,r,Tr ►t t/>..'s
3.475 acres 'ant App Iia:At'�•
�O�►♦t. CtpatA+T,O•.s PAG *ptt4 Sttr�(�,.etts ♦r,:a,!y ;,.. wwpwl'At�
icable �. Scc•*,� S; SPrvitl.: Scat.ica.
,..ICATION TO THE PLAWNG BOARD FOR ACTION ON 'THE FOLLOWING.
�,,.�. YA.t►tA+a {t AMD ..y lot t -ut+t
lwt t0�[ CLA%$lT&CAIlpw c »t'•t -t itl I.. +..wt. rtwvt s,tL �' —�
co Commercia2/offlce
NO
'he varfanee applied fora this instrument is the insta22atian of a S1 t„�� t,,, s1 `s.se
internally Illuminated Exxon 1d0ntif1c3ti0n pale sign. TbIs locatian is presently vithont
an identification sign and is at a severe disadvantagy versus Its competition.
-
rotLowlM4 $VPP0!►flkQ DATA ACCvtAtO ti Su4*At1TtO WITH Troy API.1 tt.wt+Ok. (A.TTAC64tt) ntltLTp A,yO b1Ai.a
01 A ►tt.lCAT+Oh. ?
X cc^11r9tt) suRVtY X irlt PLAM
+ r
X ;T^TtlttkT or AtAso4s OA cokO411014f 14J619iYING CRArrG[ RtOt►CST&0
tItOPOf[O /t OON t1 AN w X 44[AJt+Jr0 t`t • lfAy., tf4 C"rCAe GTf+(N
att•OtltitGkCQ MAi AtAO TkIS CO,.ttl[1to AItP4 1CAV)CW AND 1417'NI ♦l uTt teal Iltfpttttl0t {�IIt ANA R(1 Kat /•P14tfit♦
• rVltS41014to it Tavc t#40 toRAt_6T TOE- �-�Rti! t ta•i Kk*W %C00f`Ayt,t fttllt►.
4.
s.,t.t .. r•l M rr' -►:i .( /l
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:•.R.�:t r ;S. sti. """... a I':!� is+Jv+ }lAf '� .S `
k WICK USE ONt •� � � � � •� � � t •� ::.. 47J
40
t
:
.• + 'sue : f" i
iE (W KL ARING NEARING NO. .
DATE FILCO
t
RESOLUTION NO.
A RESOLUTION OF THE MYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING
A VARIANCE TO ALLOW A LESS RESTRICTIVE USE OF
A PERMITTED, NON- CONFORMING BUILDING, SUCH
LESS RESTRICTIVE USE THE SERVING OF ALCOHOLIC
BEVERAGES, ON PEOPERTY LEGALLY DESCRIBED AS
THE N. 64' OF LOT 10, AND ALL OF 'LOTS 5, 6,
11 AND 12, PINECREST VILLAS 2ND ADDITION, AS
RECORDED AT PLAT BOOKS 56, PAGE 5 AND 48,
PAGE 63, OF THE PUBLIC RECORDS OF DADS
COUNTY, FLORIDA, A /K /A 7710 S.W. 59TH AVENUE,
SOUTH MIAMI (AMERICAN LEGION POST #31)
AGENDA ITEM PB-87 -031
WHEREAS, an application has been made for a variance to
allow a less restrictive use of a permitted non- conforming
building to serve alcoholic beverages; and
WHEREAS, at a public hearing on November 10, 1987, the
Planning Board voted 6 -0 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 allow alcoholic
beverages to be served in a permitted non- conforming use on
property legally described as:
The N. 64' of Lot 10, and all of Lots 5, 6,
11 and 12, Pinecrest Villas 2nd Addition, as
recorded at Plat Books 56, Page 5 and 48,
page 63, of the public records of Dade
County, Florida, a /k /a 7710 S.W. 59th Avenue,
South Miami (American Legion Post #31)
is hereby denied.
PASSED AND ADOPTED this day of , 1987.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R7 -11 -11
APPROVED:
MAYOR
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AVE. ��
THE. CITY OF
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6130 SUNSET DRIVE, SOUTH MIAMI- FLORIDA 33143
PUBLIC SERVICE
DEPARTMENT
Z 0 N I N G P E T I T I 0 N
Property Description, Location and Legal:
SVrH MIAMI A.1,1ERICAN LEGION POST 31
7710 S.W. 59 Avenue, South Miami, F1. 33143
Pinecrest Villas 2 ADD PB 56 -5 Lot 12
Request: The Owners of the above property have-made 1-he following request:- -- — -.
South Miami Post #31, Inc., The American Legion Department of-Florida, a non - profit Florida
corporation, requests a variance to allow the said organization to provide service of alcoholic
beverages to its members .and guests. This service will not be provided to members of the general
public, but only to members and guests of the members of the said organization.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAME
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450 -37 (continue ?on page 2) Page 1
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2 O N I N G P S T I T I O N
(continued)
Petition: We, the undersigned property owners, are within 300 feet of the abort
property. We understand and approve the above request.
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Page 2
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EXCERPT FROM PLANNING BOARD MINUTES OF NOVEMBER 10TH, 1987
AMERICAN LEGION #31
Public Hearing PA -87 -431
Applicant American legion Post =31
Request: Variance to Section 9-3 Zoning Ordiance
(non- confc_ming use of buildings) to allow
a less restrictive non - conforming -use (the
service of alcohol) where it is not permitted.
Location: 7710 F.W. 59 Avenue
Legal Description: North 64 feet of lot 10 and all lots 11,
12, 5 and 6 Pinecrest Villas 2nd Addition
PB 56/5 and 48/63.
Julian Carter, representing the American Legion, signed in and
addressed the Board. Mr. Carter said that the American Legion
.came to i South Miami in the middle 30's. In World War II
the American Legion helped serve food to•the German prisoners
of war on Sunset Drive. The Legion acquired this property in
1940; put the building up in 1953 and have been there ever since.
The American Legion has done many things for the cor.- unity.
Three years ago, the South Miami American Legion baseball team
was number two in the State D€ Florida.
Mr. Carter said the Legion had gotten over 50% of the neighbors
to sign for this small variance. Now, the Legion operates as
a bottle club. Mr. Carter said if anyone cared-to go to_the
Legion, now, he'd buy them a drink, but they would have to give
a donation. All the Legion was asking for was a 11 -C Club
license; there was no advertisement. There is no parking
problem as the Legion has two acres; in fact, the neighbors
park in the Legion's lot. The Legion does not park in their
lots. Mr. Carter said that all he was asking was for the
Board to allow the Legion to do this.
Chairman Prentiss asked Staff to read their recommendation.
Mr. Lopez said that Staff recommends denial. He said that the
request as to the hardship,required to grant a variance, has
not been demonstrated, and there is no indication that the
Applicant will be impaired to some reasonable use of the property
if the variance is not granted. He said that in addition to
that, the Applicant shall stop the hall rental activity until
license is applied for and obtained from the City. Mr. Lopez
said that this morning Staff received information from different
neighbors that the American Legion had a bottle club; Staff
consulted with Louis Termir&ofrom the Division of Alcoholic
Beverages and Tobacco; according to Mr. Terminello, the Legion
needs a license to have a bottle club.
Chairman Prentiss asked what the difference was between a
bottle club and an 11 -C license. Mr. Lopez said they were the
same type of license.
Mr. Lopez said the main problem is that the Legion is in a
residential area, and if the Legion were in another area that
was not residential, it would be a different situation.
Mr. Hoffmann asked Staff if the Alcoholic Beverage
Division said specifically 'that'the•Legiofi did not have
any license, whatsoever, or did they say that the Legion would
simply need a license for a bottle club.
Mr. Lopez said Mr. Terminello said that they need a license and
do not have any license.
NOTION Susan Kraich moved to deny the request.
Larry Liganmare seconded the motion.
Ms. Kraich asked Staff to describe what hours of operation the
Legion would be limited to, if they were to receive this request.
Mr. Lopez said that the hours would have to be set by the
City Commission. Staff did not include a recommendation �r
the hours, as the recommendation is for 'denial. Mr. Lopez
said that Monday through Friday the hours would be from 10:00 A.M.
to 5:00 a.m, and Saturday and Sunday from 10:00 A.M. until
4:00 A.M. Mr. Lopez'said the Legion was open during the day.
Ms. Kraich's next question was: "Who .has._.the__pQweX_ to_- regulat -e
the hours of operation ?"
Ms. Aran - Spinrad had rejoined the meeting, and her answer was,
this Board and the City Commission.
Mr. Hoffmann asked if this would not be done by Ordinance, which
the City Commission was wrestling with right now.
Ms. Aran- Spinrad said, no, as the Legion was in process before
the Ordinance was passed.
Chairman Prentiss asked that if that meant that everybody that
was in existence today, that whatever hours they have,
would be able to continue their hours if they wished to; there-
fore, the answer is that if the Board wanted to, at this time,
the Board could establish hourgif the request was granted, by
putting in recommended hours.
Ms. Kraich's next request was to hear a definition of the what
a "guest" is.
Ms. Aran- Spinrad said a "guest" was anyone that a member would
like to bring to the Legion.
Ms. Kraich then asked if there was any restriction as to the
number of guests a single member could invite.
Mr. Lopez said that according to Mr. Terminello, Division
of Alcoholic Beverages, the answer is two guests per member.
Ms. Kraich asked if that meant two guests with a member that
is in the hall, at the time, or two guests per the 250 members.
Mr. Lopez said two guests per member who was in the club, at
the time.
One of the representatives of the Legion spoke from the floor
and said that State law says a member of a'club or fraternal
organization may bring a guest into the club but that guest
can never buy a drink in that club; in other words, the member
must purchase a drink for the guest.
Chairman Prentiss said that he had seen other clubs in the
State where that was not so.
At this point City Attorney Dellagloria rejoined the meeting,
and Chairman Prentiss asked Ms. Kraich to apprise the City_
Attorney as to her questions and Ms. Aran- Spinrad advised him
of her replies.
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City Attorney Dellagloria said that, in general principle, the
hours of operation were not a grandfathered function, because
there is no proprietory right in hours of operation. He said
that is why when the Commission voted across the board to
allow establishments to be open until 5:00 A.M., the issue
of grandfathering did not pertain to the hours of operation.
He said that the grandfathering traditions that the Commission .
discussed, and that everybody's concerned with, more or less,
focused on the zone that an applicant's existing establishment
would be placed in. City Attorney Dellagloria said that he
was not conversant with the particular type of license that the
Legion is applying for and,richt now, the City Ordinance says
5:00 A.M. for bars, lounges and nightclubs.
Ms. Kraich then asked Staff w: -at are the present hours of
operation. Staff did not know.
Chairman Prentiss then asked the Applicant what were the present
hours of operation.
One of the Legion represe- ntatives-- said., from - the - floor, =froin about
10:00 A.M. until about 7:00 P.M.
Mr. Hoffmann asked Staff how many people were within the
300 foot affected range and how many signed on to the Legion's
petition.
Ms. Aran- Spinrad said there were 46 residents within the
300 foot range, and 26 signed the petition.
Chairman Prentiss said that with the letter of retraction
from Mr. Patti (Letter 47) that would be 25.
Mr. Hoffmann asked how many signatures were necessary for
the Legion's petition.
Ms. Aran - Spinrad said one -third of 46, and the Legion has in
excess of what they are required to have.
Ms. Kraich made the comment that the petition that was circu-
lated only says "requests a variance to allow the said organ -
ization to provide service of alcoholic beverages to its
members and guests. This service will not be provided to
members of the general public, but only to members and guests
of the members of the said organization." Ms. Kraich said that
she did not believe that it said anything there about the fact
that they are applying for an alcoholic beverage license of
any'sort; doesn't :say anything about the fact that they plan
to sell alcohol or that they are talking about a profit
orientation. Ms.IKraich read a paragraph from Mr. Patti Is
letter '(Letter #7) that pertains to this, which says:
"I fell strongly that the facts were misrepresented to me by
the Legion representatives. I had no idea that they actually
had la' bar on the premises, nor was I aware that they would be
selling liquor."
Ms. i Kraich said that regardless of the type or number of
restrictions that are involved in a 11 -C liquor license, it
would be a distinction of degree but not of kind, and she
did not think there is any reason that an alcoholic beverage
license belongs in a residential neighborhood. Ms. Kraich
said that that basically states her position and she knows
the Legion is aware of this, because as a private citizen,
she has been aware of this for quite a while, living across
the street from the Legion.
Ms. Kraich wanted to comment on one further thing, which is
that the rear portion of the Legion's building is no more
than 20 feet from the residential street which abuts it; there
is no barrier of any kind, no wall, no landscaping and the
doors are frequently left open after 7:00 P.M. and sometimes
'4
Rx
into the wee hours of the morning, so that the physical
orientation of the property is not suited, at all, to
containment of the type of activites that are going on
there during the evening. Ms. Kraich said that she would
close with that, and she thought that the case could be
judged on its own merit.
Mr. HofFnann said that in the Staff ara?ysis, he sees absclutel-
no relevance to the second paragraph that says: "In addition to
that, the Applicant shall stop tn= hall rental activity until
a proper license is applied for and obtained from the City.
:r. Hoffmann said that was not what was being talked about
here, they were talking about the Applicant's request to have
an 11 -C license, and he did not see why that was brought in
to the Staff Report at all. Again, Mr. Hoffmann wanted to
state the fact that he did not tank the Board was
here to make a decision as to whether to trade off the
Applicant discontinuing hall rental if the Board gives the
Legion a variance to have the 11-C license. He said that
this whole thing is out o£whack as far as including that
paragraph in the Staff Report.
Mr. Hoffmann said that as to the license request itself, and
here he has a problem with what has just been discussed by
Mr. Lopez. He said that he might be in a different position,
because, personally, he 'thinks that if inviting people to bring
their own booze, they will bring as much booze as they need, and
if they consume an entire bottle of booze, and, to him, that
is more dangerous than to sell liquor by the drink. The
problem, said Mr. Hoffmann, is that the Board is talking about
an establisnment, from what they are being told by ABC, that does
not have the proper license; to begin with. Mr. Hoffmann said
that the Board was not talking about going from one license
to another license, they were talking about establishing a
license to begin with where the operation currently is not
licensed, and that is a whale of a different story from what
the Board has been represented that the Legion has a license
to conduct a bottle club and are simply looking to change the
type of service. To Mr. Hoffmann it is not a question of
economic impact, which :first,of all he cannot see as a hardship;
specifically, an economic impact is not to be recognized as a
hardship; 'so to the!Board,;' the reason that the Legion needs
to come before the Board to get liquor by the drink is because
their own finances require them to and this is not a sufficient
hardship under the City's current ordinances. Mr. 'Hoffmann
said that above and beyond that, the Legion does not have an
establistedlicense to' begin with. Mr. Hoffmann said that he
was having a hard time with this as he had been involved in
many fraternal organizations and his inclination was to go
with a service club. He said God forbid that the Board go
on record as being against the veterans, and that was not
really the question here. Mr. Hoffmann said that he certainly
appreciated the gentleman's statemenf that the veterans
have done their service for their country, but the Board was
not 'going against that either; they were going strictly on
the question of what is appropriate for this particular situation.
Mr. Hoffmann said he would have a much tougher time with this
if there was an established license and were talking about
simply a change in the operation in that type of a license, but
he has no problem where there is no license, where the particular
operation is being conducted without a license an4 now, the
Board is being asked to approve a license in a residential area.
Mr. Hoffmann said he had no problem with that at all, and he
was going to vote against it.
Vote:
Favor of Denial: 6 Oppose: 0
Chairman Prentiss said that the next step in this procedure
would be for the request for variance to come before the City
Commission and bearing in mind what was said tonight, the
Applicant might want to change the presentation accordingly.
City of South Miami
INTER- -OFFICE MEMORANDUM
To: Marien Aran - Spinrad DATE: November 6, 1987
Director, Building, Zoning
and Community Development
rwoMr David Henderson SUBJECT: Staff Report on
Public Hearing P8 -87 -031
General Data
Applicant: American Legion Post x`31
Address: 7710 S.W. 59 Avenue
Legal Description: North 64 ft. of Lot 10 and all of Lots
11,12,5 and -6. . Pine.crest Villas, 2nd
Addition PB56 • page 5 and PB 48 page63.
Request: Variance from Zoning Ordinance Section
9 -3 to allow a less restrictive non-
conforming use (the service of alcohol)
in a zone where it is not allowed. Post =31
is attempting to obtain an alcoholic license
(series 11 -C) which would permit the
service of alcoholic beverages, by the
drink, to members of Post #31 and their
bona fide guests.
Background
American Legion Post #31 has existed. in South Miami since 1947.
The existing building was constructed in 1953. It is recognized
as a non- conforming use in the RS -3 zone. The only permitted uses
in the RS -3 zone are single - family dwellings and public parks and
playgrounds.
On the future land use map of the current comprehensive plan, the
Applicant's property is categorized as "Public /Semi - public. The
future use of this property is described as "single- family" on
the 'Preliminary Future Land Use Plan" presented by theCity's
Planning Consultant, Robert Swarthout.
y
Planning Board Staff Report -2 November 6, 1987
PB -37 -031
Ana lvsis
The American Legion is a not -frr- profit organization. Post 031
wishes to use the sale of alcc=ol to its members and guests as' a
new source of income. Current:y income is derived from member-
shi? dues and the rental of their building. Post #31 does not
have a City license to allow :=.e operation of a hall for hire,
ncr have they applied for such a license. However, they wish to
c scontinue this activity beca-;se of bad experiences with lessees.
The 11 -C alcoholic beverage 14-:ense is issued to clubs and permits
service by the drink to member.5 and their guests. The service
o: alcohol-would be an expans:cn of Post #31's function as a
fraternal /service organization.
Because the service of alcohol by Post #31 would be incidental to
its operation, the re- ._shou14,__net_; be _an _ increase_ i,ik_the__:p_eak.",m"d_T
for parking at this site.
No external signs of any type *could be allowed that indicate that
alcoholic beverages were being served on the premises.
Recommendation
Staff recommends denial of the request as a hardship - required
to grant the variance has not been demonstrated: There is no
indication that the Applicant will be impaired to some reasonable
use of the property if the variance is not granted.
In addition to that, the Applicant shall stop the hall rental
activity until a proper license is applied for and obtained from
the City,
Property Owners voicing their opinion against:
Betty Weibel 5839 SW 77 Terrace
Susan Baker Kraich - 7720 SW 69 Court
James Smith 7740 SW 59 Ct.
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SOUTH Y AM OOST NO. 31
o : e:• 43005
•
s0 W-41.1 9^4'OA 33143
P O W E R OF A T T O R N E Y
October 15, 1987
To Whom it may Concern:
Mr. Julian Carter, 113 1st
Court, Key largo, Fla 33037, is given
this power of attorney to act
as our agent in dealing with the South
Miami Planning Board and the
CommissonErs.of the city of South Miami - -
in all matters pertaining to
-our efforts in securing a variance
pertaining to organization,
effective this date.
r
J. Mark Phillips
Attest: Guy M. Sirois
Commander
Adjutant
Sworn to and subscribed before me this 15th day of October, 1987.
State of Florida
County of Dade
My Canmission Expires:
Notary Public
lirt�ry t+iic, �
Mr Commh ion E*u M 21L WN
lob" TkN t" P* • k r5 k
i
CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN OUPLICATE)
'N1$ APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL-REQUIRED SUPPORTING DATA TO THE OFFICE Cr T..E
014114G OIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOP PUBLIC HEARING.
wPri.ItAyT ( AS (crwNER, TENANT, AGENT, ETC. S-E: ry
Julian Carter, jL Agent
AGORESS OF APPLICANT CITY STATE LIa PHONE
113 First Ct Key'Larac Fla 33037 (305) 451 -"
OWNER - DATE OWNERSHIP OF PROPERTY OHTAINEL
South Miami American Legion Post 31 March 10, 1947
ADDRESS OF OWNER CITY STATE 21P + PMONE
7710 S.W. 59 Ave So, Miami Fla 33143 i(305) 665 -:14:
•P PROPERTY OPTICN OF CCNTRACT FOR PURCHASE? � MOR-GAGEE 'S NAME ANC ADDRESS
Yes X NO None
-F APPLICANT 15 NOT OWNER, IS LETTER OF AUTHORITY FRCv1 OWNER ATTACHEOI X YES P4
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
OT (S) N 64' of Lot 10 and all Lots 11, 12, 5, and 6 BLOCK
SUBDIVISION:. Pinecrest Villas 2nd Addition
METES AND BOUNOS
Pa 56 page .5 and 48 page 63
�1ZE OR AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING R /WIS
Approximately 1.7 acres E. S.W. 59 Ave 50' W. S.W. 59 CT 501
ADDITIONAL OCOICATIONS PROPOSED STROCTURES LOCATED ON PROPERTY
None American Legion Post 31 post home
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING Excrwrin1v
x
VARIANCE
AMEND SECTION OF CODE
PRCAENT ZONE CLASSIFICATION CHANGE OF ZONING REQUE5TED
OTHER (SPECIFY
EXPLANATION OF ABOVE
The South Miami American Legion Post 31 is requesting a variance from the South
Miami Planning Board to allow approval by the South Miami Zoning Board so that
the So. Miami American Legion Post 31 can procure a class llC license from the
State of Florida.
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED. WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION.)
X CERTIFIED SURVEY SITE PLAN PHOTOGRAPkS
X STATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
PROPOSED FLOOR PLAN X HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND RELl3jrSENTS THE INFORMATION AND ALL SUPPORTING
DATA FURNISHED IS TRUE ANO CORRECT TO THE BEST OF HIS KNOwIi[[L�F!DGL/ AND BELIEDen
FOR OFFICE USE ONLY
DATE OF HEARING HEARING NO.
Pe1r11oa -t1 Rtv. 3. -12-» DATE FILED
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -1 -02
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING
A VARIANCE TO ALLOW A 13`6" REAR SETBACK
WHERE 25" IS NORMALLY REQUIRED, ON PROPERTY
LEGALLY DESCRIBED AS LOT 48, LESS THE E.
27.51 _ OF BLOCK 8, FRANKLIN SUBDIVISION, AS
RECORDED AT PLAT BOOK 5, PAGE 34, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K /A
6516 S.W. 59TH COURT, SOUTH MIAMI, FLORIDA.
AGENDA ITEM PB -87 -033
WHEREAS, the applicant has requested a variance
to
allow a 13`6" rear setback where 25' is normally required
and the
staff recommendation is for denial; and
WHEREAS, at a public hearing on December 29, 1987, 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 allow a 13`6"
rear
setback where 25' is normally required on property
legally
described as:
LOT 48, LESS THE E. 27.5' OF BLOCK 8,
FRANKLIN SUBDIVISION, as recorded at Plat
Book 5, Page 34, of the public records of
_ Dade County, Florida, a /k /a 6516 S.W. 59th
f Court, South Miami, Florida.
is hereby denied.
PASSED AND ADOPTED this day of ,
1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -1 -02
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5923 5973 1,5907; 5895'5889; +
APPLICANT :Margaret Holmes
OWNER: Department of Housing and Urban Development
MAP REFERENCE: 6516 S.W. 59 Ct.
COMENTS : - -- -- -* - -� _c %r1^"
CITY of SOUTH MIAMI ^* PLANNING 150h RD
}
0
Scale. 1 "•= 100' • •
Date .Nave nber 16, •1987
Drn Chk.....
Fie a r i ng NCT? 87 ;033
THE CITY OF //
SoutA <.I ianii
6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143
PUBLIC SERVICE
DEPARTMENT
Z O N I N G P E T I T I O N
Property Description, Location and Legal: Southwest 59th-Court, South Miami,Fla.
Lot 48 in Block 8 of FRANKLIN SUBDIVISION, according to the Plat thereof, as
recorded in Plat Book 5 at Page 34 of the Public Records of Dade County,
Florida, LESS the East 27.5 feet thereof.
Request: The Owners of the above property have made the following request:
Variance to allow a 7' -0" Side Setback where 7' -6" is normally required.
Variance to allow a 13' -6" Rear Setback where 25' -0" is normally required.
Variance from article 8 -5, Section I of Ordinance 20 -71 -724, City Of South
Miami Zoning Ordinance, Lot of record provision, to allow a single family
residence on a lot with 47.74' frontage where 50' -011 is normally required.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAME DATE ADDRESS
/0 Alv�
65DO 33 &3
- - - - - - M -- -- -- - - - --'
L 5
NO
4
450 -37 (continued on page.2) Page 1
47
Z O N I N G P E T I T I O N
° (continued)
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
N4M6 ADDRESS
- - - - - - - - - - - - - - - - - j - - - - -
-(�� - - - -- - - -- -
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- - - - - - - - - - - - - - - - - - - - - -
-- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - -
- - - -- - - - -- -- --
-- --------------------
- - - - - - - - - - - - - - - - -I- - - - - -
{
-- - - - - - - - - - - - - - - - - - - -
PW5O -37
'-7----
Page 2
City of South Miami
INTER—OFFICE MEMORANDUM
To: Marien Aran - Spinrad DATE: December 23, 1987
Director, Building, Zoning
and Community Development
FRAM: Danilo Lopez suejECT: Staff Report on PB -87 -033
Planner Ms Margaret Holmes
GENERAL DATA
Applicant: Ms. Margaret Holmes
Request: Variance to allow a 1316" rear setback where
2510" are normally required.
Address: 6516 SW 59 Court
Legal Description: Lot 48, Block 8 of Franklin Subdivision
PB 5/34, less the east 27.5' thereof, Dade
County, Florida
EXPLANATION
1.
The Applicant is buyina a lot from Dade County Housing and
Urban Development Department. Originally, the Applicant submitted
an application reequesting: variance to SEction 8 -5 of our Zoning
Ordinance (Lot of Record) to allow a lot of record of 47.7' frontage
where 50.0' is the minimum; variance to allow a 7'0" side setback
where 7'6" is the minimum allowed and variance to allow a 14'6"
rear setback where 2510" is the minimum allowed.
2.
.After consultations with Metropolitan Dade County Engineering
Services Division, Platting Unit, Staff fount that although the
surveyed dimension of this lot is 47.7', the platted and legal
dimension is 5010 ". Therefore, no variance is required for lot
of record section of our Zoning Ordinance. The finding also made
unnecessary the variance for side setback.
3.
This lot was platted (1918) as 50'0" wide x 110.99' deep, but due
to the widening of SW 59 Court right of way, the lot lost 27.5' and
presently is 50' x 83.491.
}
4.
The Applicant wants to build a 2 -story house with a footprint that
has a rear setback of 1416" where 25'0" is required. 'Therefore,
the Applicant is requesting a variance to solve this situation.
ANALYSIS
1.
A variance is a relaxation of the terms of the ordinance where
such action will not be:--contrary to the public interest and where,
owing to conditions peculiar to the property and not the result of
actions of the Applicant, a literal enforcement of the ordinance
j
would result in unnecessary and undue hardship on the property.
7
k
-2-
Staff Report - Margaret Holmes December 23, 1987 '
2. In this particular case, the size of the lot was reduced for
reasons outside of the owner's control. r
6
r
3. The Applicant chose a house design with a footpring that will
have only a 14'6" setback instead of the required 25' setback
The attached zoning review sheet shows that the request complies
with other zoning regulations for low - density single =family'
residential district (RS -3).
RECOMMENDATION
1. Staff recommends denial of the request variance to allow a
1316" rear setback where 25'0" are normally required, as an
alternate architectural solution can be found to have at least a
2316" rear setback (See alternate architecture solution sketch),
unless the Applicant demonstrates that the Cypress Model design
is the only one that satisfies the family needs.
i'
p
DL /am
�a
On
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING
A VARIANCE FOR A WAIVER OF PLAT TO CREATE TWO
INDEPENDENT LOTS WHERE ONE PRESENTLY EXISTS
ON PROPERTY LEGALLY DESCRIBED AS THE S. 125'
OF THE EAST 200.14' OF THE WEST 400.27' OF
TRACT 12 OF PALM MIAMI HEIGHTS, AS RECORDED
AT PLAT BOOK 43, PAGE 37, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, A /K /A 60xx
S.W. 82ND STREET, SOUTH MIAMI, FLORIDA.
AGENDA ITEM PB -87 -034
WHEREAS, the applicant has -- requested - - -a -- -variance for a .
waiver of plat to create two independent lots where one presently
exists, and the staff recommendation is for approval; and
WHEREAS, at a public hearing on December 29, 1987, the
Planning Board voted 6 -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 variance for a waiver of plat to
create two independent lots where one presently exists on
property legally described as:
The S. 125' of the East 200.14' of the West
400.27' of Tract 12 of PALM MIAMI HEIGHTS, as
recorded at Plat Book 43, Page 37, of the
public records of Dade County, Florida, a/k /a
60xx S.W. 82nd Street, South Miami, Florida.
is hereby granted.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -1 -03
APPROVED:
MAYOR
M
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83
APPLICANT: Stephen & Jill MacKinnon
OWNER: Kathleen O'Donovan
MAP REFERENCE: 6041 -6051 S.W. 82 Street
Compass
COMMENTS: Waiver of Plat to create two lots where
one currently exists (as shown) Scale ..� .100'
Date November 19, 1987
Drn....
hk.
CITY of MUT9 AIQMI PLANNING 50A RD R . • .0 PB -87-� ..
^ M Hearing No .....034
INTER -- OFFICE MEMORANDUM
Tot. Marien Aran- Spinrad DATE: December 23, 1987
Director, Building, Zoning
and Community Development
FROM: David Henderson SUBJECT: Staff Report on
Planning Technician PB -87 -034
GENERAL DATA
Applicant: Mr. & Mrs. Stephan MacKinnon and Mr. & Mrs.
Jeffrey Courtamanche
Address: 60xx SW 82 Street
Legal Description: The south 125.00 feet of the east 200.14 feet
of the west 400.27 feet of Tract 12 of "PALM
MIAMI HEIGHTS" according to the Plat,
thereof, as recorded in Plat Book 43 of Page
37 of the Public Records of Dade County,
Florida.
Request: Waiver of plat to create two lots.
BACKGROUND
This property was sold on June 25, 1987 by Mrs. Kathleen
O'Donovan as two separate lots; the west lot to the Courtamarche
family, and the east lot to the MacKinnon family. They were
unaware that a legal waiver of plat was required to divide the
property.
ANALYSIS
This property is zoned RS -3. A comparison of the requirements of
the RS -3 zone and the characteristics of each of these identical
lots is given below.
Required Proposed
Lot area: 10,000 sq.ft. minimum 12,500 sq.ft.
Frontage: 75 ft. minimum 100.07 feet
RECOMMENDATION
As each property satisfies all the requirements of an independent
lot, Staff recommends approval.
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, December 29, 1987 at 7 :30 P.M. in the City Commission
Chambers, 6130 Sunset Drive, the Planning Board of the City of
South Miami will conduct the following Public Hearings:
PB -87 -033
Applicant: Mrs. Margaret Holmes
Request #1: Variance to allow a 7'0" side setback where
7'6" is normally required.
Request #2: Variance to allow a 1316" rear setback where
2510" is normally required.
Address: 6516 S.W. 59 Court
Legal Description: Lot 48 less the East 27.5' of Block 8,
Franklin Subdivision, Plat Book 5/34 of the
Public Records of Dade County, Florida
PR- R7_n1A
Applicant: Mr. and Mrs. Stephen MacKinnon and
Mr. and Mrs. Jeffrey Courtemanche
Request: Waiver of Plat to create two independent lots
where one presently exists.
Address: 60xx S.W. 82 Street
Legal Description: The South 125.00 feet of the East 200.14 feet
of the West 400.27 feet of Tract 12 of "PALM
MAIMI HEAIGHTS" according to the plat thereof,
as recorded in Plat Book 43 at Page 37 of
Public Records of Dade County, Florida.
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
1S TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALLO 6130 SUNSET DRIVE# 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'S 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 SY CALLING 667'5691 OR HY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
PLANNING BOARD
P941100-7 ®z' REV. 12 -9-81 THIS IS A COURTESY NOTICE
LETTER OF INTENT
TO
BUILDING, ZONING AND COMMUNITY DEVELOPEMiENT DEPARTMENT
To whom it may concern
Our intent with this request for waiver of plat is
to divide the existing property, (see attached legal
description) into two equal lots. Each lot shall be
25,000 square feet, exceeding the minimum requirements
set -forth by the City of South Miami.
No zoning changes, variances, continuation of non-
conforming uses or her!.e occupat_ oral licenses shall be
required.
The owners of the east half -o.-ill Stephen G. MacKinnon
and his wife, Jill A. MacKinnon, and the owners of the
west half will be Teffery G2-.ri,nr-,anche and his wife,
Mary Jill Courte ^a.che . `
Thank you for your prompt attention to this request.
/s4tephen G. K nnon
M �
f ALY P. ourtemanche
♦ CITY OF SOUTH MIAMI
R
'APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
-HIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
"ONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
\PPI„ (CANT AS (0WNER, TENANTp AGENT, ETC. SPECIFY)
\DDRESS OF APPLICANT CITY STATE ZIP PHONE
JWNER kA -«ILa t_;Q �' DC'LC'�'t.. L. �vJ:i`' i ,7' = ,'' "r7i". DATE OWNERSHIP OF PROPERTY OBTAINED
.. i. _
NDDRESS OF OWNER CITY STATE ZIP PHONE
�' � (2� ,r• � � ��� 'r (.- (' C' -I L C�•ir'��c. � 1 C 1 i l ��
S PROPERTY OPTION OR CONTRACT FOR PURCHASEI MORTGAGEE'S NAME AND ADDRESS J
4' YES NO ._. _
F APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED?
_EGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
,OT(S) BLOCK
;UBDIVISION PB
YES ` NO
4ETES AND BOUNDS
1
1
s1]
TLS 5S 7+1 I \J t) ��_c�. oc' rc_(
.IZE. OF AREA COVERED BY APPLICATION
XDOITIONAL DEDICATIONS PROPOSED
NAMES AND OFFICIAL WIDTHS OF ABUTTING R/W'S
STRUCTURES LOCATED ON PROPERTY
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING
VARIANCE
RC;;ENT ZONE CLASSIFICATION
_XPLANATION OF ABOVE
EXCEPTION
AMEND SECTION OF CODE
CHANGE OF ZONING. REQUES.TE
t
'" OTHER (SPECIFY)
1D.� -�
fo',
V.t t 2 �o.'�.` r M �•.
U Q,c ii2 i t L• "iIocNC
HE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
ART OF APPLICATION. )
Y CERTIFIED SURVEY SITE PLAN PHOTOGRAPHS
r /
(. STATE161ENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED /.\.,
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER
-HE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTS THE INFORMATION AND ALL SUPPORTING
)ATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE AND BE IEF.
/SIGNATURE
"OR OFFICE USE ONLY
)ATE OF HEARING _ HEARING NO.
- 68100 -21 Rev, S-12-" DATE FILED
� 4
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING.
THE CITY CLERK'S ACCUMULATED ANNUAL LEAVE TO BE
PAID TO HER AT THE SAME RATE THE HOURS WERE
ACCRUED AND IN AN AMOUNT TO BE DETERMINED BY
THE OFFICIAL RECORDS OF THE PERSONNEL OFFICE OF
THE CITY OF SOUTH MIAMI, FLORIDA.
WHEREAS, in previous years the City Clerk of the City of
South Miami has been the sole employee of -that office -or -had -only part--'
time assistance; and
WHEREAS, during that time period, the City Clerk accrued
vacation hours which she could not take during the calendar year in which
they were earned.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the City Clerk, Rosemary Jordan Nayman's,
accumulated annual leave shall be paid to her at the same rate the hours were
accrued and in an amount to be determined by the Official Records of the
Personnel Office of the City of South Miami, Florida.
ATTEST:
PASSED AND ADOPTED this day of 1988.
ITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
. MAYOR.'-
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO 'REQUEST PROPOSALS FOR
NEW CARPETING IN THE CITY HALL COMPLEX.
WHEREAS, the City is in need of new carpeting in areas
of the City Hari complex; and
WHEREAS, the Mayor and Commission desire the Acting z
City Manager to receive proposals for carpeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby
authorized to request proposals for new carpeting for the City Hall complex.
Section Z. That any agreement for such services shall
be ratified by the Mayor and City Commission.
PASSED AND ADOPTED this day of 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
NEW CARPETING IN THE CITY HALL COMPLEX.
WHEREAS, the City is in need of new carpeting in areas
of the City Hall complex; and
WHEREAS, the Mayor and Commission desire the Acting
City Manager to receive proposals for carpeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby
authorized to request proposals for new carpeting for the City Hall complex.
Section 2. That any agreement for such services shall
be ratified by the Mayor and City Commission.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this
READ AND APPROVED AS TO.FORM:
CITY ATTORNEY
day of , 1988.
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
NEW CARPETING IN THE CITY HALL COMPLEX.
WHEREAS, the City is in need of new carpeting in areas
of the City Hall complex; and
WHEREAS, the Mayor and Commission desire the Acting
City Manager to receive proposals for carpeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby
authorized to request proposals for new carpeting for the City Hall complex.
Section 2. That any agreement for such services shall
be ratified by the Mayor and City Commission.
PASSED AND ADOPTED this day of 1988.
ATTEST:
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
NEW CARPETING IN THE CITY HALL COMPLEX.
WHEREAS, the City is in need of new carpeting "in areas
of the City Hall complex; and
WHEREAS, the Mayor and Commission desire the Acting
City Manager to receive proposals for carpeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby
authorized to request proposals for new carpeting for the City Hall complex.
Section 2. That any agreement for such services shall
be ratified by the Mayor and City Commission.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
A NEW MICROPHONE SYSTEM FOR THE CITY COMMISSION
CHAMBERS.
WHEREAS, the City Commission chambers are in need of
a new microphone system in order for those in the audience to hear what
business is being transacted at the Commission meetings; and
WHEREAS, the City Commission desires the Acting City
Manager to receive proposals for a new microphone system.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is
hereby authorized to request proposals for a new microphone system for the City
Commission Chambers.
Section 2. That any agreement for such services shall
be ratified by the Mayor and City Commission.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this day of , 1988.
READ :AND APPROVED AS TO FORM:
CITY ATTORNEY
(�$ 4
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
A NEW MICROPHONE SYSTEM FOR THE CITY COMMISSION
CHAMBERS.
WHEREAS, the City Commission chambers are in need of
a new microphone system in order for those in the audience to hear what
business is being transacted at the Commission meetings; and
WHEREAS, the City Commission desires the Acting City
Manager to receive proposals for a new microphone system.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is
hereby authorized to request proposals for a new microphone system for the City
Commission Chambers.
Section 2. That any agreement for such services shall
be ratified by the Mayor and City Commission.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
APPROVED:
CITY CLERK
READ :FIND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
A NEW MICROPHONE SYSTEM FOR THE CITY COMMISSION
CHAMBERS.
WHEREAS, the City Commission chambers are in need of
a new microphone system in order for those in the audience to hear what
business is being transacted at the Commission meetings; and
WHEREAS, the City Commission desires the Acting City
Manager to receive proposals for a new microphone system.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is
hereby authorized to request proposals for a new microphone system for the City
Commission Chambers.
Section 2. That any agreement for such services shall
be ratified by the Mayor and City Commission.
PASSED AND ADOPTED this day of 1988.
APPROVED:
ATTEST:
MAYOR
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, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
A NEW MICROPHONE SYSTEM FOR THE CITY COMMISSION
CHAMBERS.
WHEREAS, the City Commission chambers are in need of
a new microphone system in order for those in the audience to hear what
business is being transacted at the Commission meetings; and
WHEREAS, the City Commission desires the Acting City
Manager to receive proposals for a new microphone system.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is
hereby authorized to request proposals for a new microphone system for the City
Commission Chambers.
Section 2. That any agreement for such services shall
be ratified by the Mayor and City Commission.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this
READ .,AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1988.
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
AN OVERHEAD PROJECTOR FOR THE CITY'S PLANNING,
ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT.
WHEREAS, the City of South Miami Planning, Zoning and
Community'Development Department is in need of an overhead projector; and
WHEREAS, the Mayor and City Commission desire the
Acting City Manager to receive proposals for this item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. That the Acting City Manager be and is hereby
authorized to request proposals for an overhead projector for the Planning, Zoning
and Community Development Department.
Section 2. That any agreement for such purchase of this
equipment shall be ratified by the City Commission.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
AN OVERHEAD PROJECTOR FOR THE CITY'S PLANNING,
ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT.
WHEREAS, the City of South Miami Planning, Zoning and
Community Development Department is in need of an overhead projector; and
WHEREAS, the Mayor and City Commission desire the
Acting City Manager to receive proposals for this item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby
authorized to request proposals for an overhead projector for the Planning, Zoning
and Community Development Department.
Section 2. That any agreement for such purchase of this
equipment shall be ratified by the City Commission.
ATTEST:
PASSED AND ADOPTED this day of
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
AN OVERHEAD PROJECTOR FOR THE CITY'S PLANNING,
ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT.
WHEREAS, the City of South Miami Planning, Zoning and
Community Development Department is in need of an overhead projector; and
WHEREAS, the Mayor and City Commission desire the
Acting City Manager to receive proposals for this item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby
authorized to request proposals for an overhead projector for the Planning, Zoning
and Community Development Department.
Section 2. That any agreement for such purchase of this
equipment shall be ratified by the City Commission.
PASSED AND ADOPTED this day of 1988.
ATTEST:
APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
a
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO REQUEST PROPOSALS FOR
AN OVERHEAD PROJECTOR FOR THE CITY'S PLANNING,
ZONING AND COMMUNITY DEVELOPMENT DEPARTMENT.
WHEREAS, the City of South Miami Planning, Zoning and
Community Development Department is in need of an overhead projector; and
WHEREAS, the Mayor and City Commission desire the
Acting City Manager to receive proposals for this item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby
authorized to request proposals for an overhead projector for the Planning, Zoning
and Community Development Department.
Section 2. That any agreement for such purchase of this
equipment shall be ratified by the City Commission.
ATTEST:
CITY CLERK
PASSED AND ADOPTED this
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 1988.
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING
THE ACTING CITY MANAGER TO GO OUT FOR BIDS FOR
CARPETING FOR CITY HALL; A MICROPHONE SYSTEM FOR
THE CITY COMMISSION CHAMBERS AND AN OVERHEAD
PROJECTOR FOR THE PLANNING, ZONING AND COMMUNITY
DEVELOPMENT DEPARTMENT.
WHEREAS, the City of South Miami is in need of carpeting
for its City Hall complex, a microphone system for the Commission Chambers
and a projector in the Department of Building, Zoning & Community Develop- "
ment;
NOW, THEREFORE, BE IT RESOLVED BY THE (MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager be and is hereby,
authorized to go out for bids for carpeting for City Hall.
Section 2. That the Acting City Manager be and is hereby
authorized to go out for bids for a new microphone system for the City
Commission Chambers.
Section 3. That the Acting City Manager be and is hereby
authorized to go out for bids for an overhead projector for the Planning,
Zoning & Community Development Department.
Section 4. That contracts for any of the above will be
approved by the City Commission prior to purchase of any of the above items.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
ux
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING THE ACTING CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE EMPLOYMENT
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND
THE AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES.
WHEREAS, the City of South Miami, through its labor
counsel, has reached agreement with the City of South Miami local
of the American Federation of State, County and Municipal
Employees (A.F.S.C.M.E.) regarding terms and conditions of an
amendment to the existing A.F.S.C.M.E. agreement; and
WHEREAS, labor counsel for the City recommends that the
City of South Miami execute the amended labor agreement with the
City of South Miami local of A.F.S.C.M.E. submitted to and on
file with the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That the Acting City Manager is hereby
authorized to execute on behalf of the City of South Miami the
amendment to the employment agreement submitted to the City by
labor counsel.
Section 2. That this approval is subject to ratifica-
tion by the Union of the amendment.
PASSED AND ADOPTED this day of , 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -1 -05
41
APPROVED:
MAYOR
WAGES
1. Employees covered by this Agreement shall receive a three
percent (31) across -the -board salary adjustment effective October 1,
1987.
2. Effective the first pay period after ratification of this
Agreement, the various increments in the City's pay classification
plan for employees covered by this Agreement shall be rounded off so
as to reflect a five percent (5 %) differential in such increments.
Employees- covered by this Agreement shall then be slotted into the
revised plan at the new rate (if any) and thereafter shall be paid
at that new rate. This paragraph shall not be retroactive.
-A JP
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J1 14
RESOLUTION NO. . . ..
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING
A CHANGE IN FORMAT FOR THE OFFICIAL AGENDA OF
REGULAR CITY COMMISSION MEETINGS.
WHEREAS, Chapter 2, Administration and City Government, Section 2 -1.1,
Rules and Procedures of City Commission, subsection-Cc) of the Code of.-Ordinances.','
of the City of South Miami provides that the format of the Official City
Commission agenda be approved by the City Commission; and
WHEREAS, it is the intention of the City Commi:ssion;:to have all matters
scheduled to be heard by the City Commission to be done so in a timely manner.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF -THE
CITY OF SOUTH MIAMI, FLORIDA:
Sectiohj. That the Official - Agenda of the regular
City Commission meetings of the City of South Miami be and is hereby changed to
have items sch.eduled for Commission consideration scheduled first and the City
Manager's Report and City Attorney's Report heard at the end of the agenda.
PASSED AND ADOPTED this day of 1988.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
NO
APPROVED:
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
AUTHORIZING THE ACTING CITY MANAGER TO PURCHASE
SIX POLICE VEHICLES FOR THE POLICE DEPARTMENT.
WHEREAS, the Police Department is in need of six
police vehicles to replace existing cars; and
WHEREAS, the Administration recommends purchasing
the vehicles from government bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Acting City Manager is authorized
to purchase six (6) police vehicles from Don Reid Ford in a total
amount of $67,110.00 from government bid; said funds to be
expended from Account No. 1910 — 6430 entitled Equipment Operating.
PASSED AND ADOPTED this day of ,1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
City of South Miami
INTER—OFFICE MEMORANDUM
TO: A/C.M. Perry S. turner DATE: 15 Jan 88
FROM: Lt. G. Feldman 0 SUBJECT: New Police Vehicles
Sir:
I recommend purchase of 6 new police vehicles as follows:
1988 Ford Crown Victoria 4 Door Sedan $10,815.00
Spotlight, one, left 65.00
Disconnect courtesy lights and chimes 20.00
Limited Slip Differential 85.00
Option #9908, pre - wiring harness installed 50.00
Extended Warranty 150.00
$11,185.00 ea.
Cost for six vehicles would be $67,110.00
Vendor is Don Reid Ford, Maitland, Fl. as per prior purchase, under
State of Florida Contract 070 - 001 -88 -1. Expires Nov. 7, 1988 or Model
production cut off date.
Regency Dodge of Jacksonville failed on three separate attempts to
provide information on their state bid award.
*Note. Funds to be taken form Equipment Operating, Acct. #1910 -6430.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
AUTHORIZING THE 'ACTING CITY MANAGER TO PURCHASE
TWENTY SEVEN (27) POLICE RADIOS.
WHEREAS, the Police Department is in need of twenty
seven (27) portable radios for police personnel; and
WHEREAS, the Administration recommends purchasing the
radios from government bid.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF SOUTH MIAMI, FLORIDA: i
Section 1. That the Acting City Manager is authorized
to purchase twenty seven (27) Motorola
HT 600 portable radios from the Motorola
Corporation from government bid in the
total amount of $25,488, said funds to be
expanded from Account No. 1910 - 6430
entitled Equipment Operating.
PASSED AND ADOPTED THIS day of ,1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Z4
City of South Miami
INTER —OFFICE MEMORANDUM
TO: Perry S. Turner, A /City Manager DATE: 6 Jan 88
FROM: SUBJECT.
C. D. Romine, A /Chief of Police Radios
•9�L�%T�r.r
The following is the cost of twenty seven (27) Motorola
HT600 portable radios:
Item Cost per item Total
HT600 '844.00 x 27 = $22,788.00
Single unit rapid rate 100.00 x 27 = $ 2,700.00
charger
Extra battery No charge - -
$25,488.00
This price is per G.S.A. contract #GSOOK87AGS0613, expiration
date November 1988. Mr. Joe Mann of the Motorola Corporation
stated that this price also includes a one year warranty on parts
and labor. Mr. Mann is forwarding a letter to South Miami Police
Department to that effect. Mr. Bill Fittus and Mr. John McCue
of the Metro Dade County Radio and Engineering Departments state
that within this year the Metro Dade Radio Shop will have the
computer equipment to service these radios.
Upon approval, I will order these radios.
* Note. Funds to be taken from Equipment Operating, Acct. #1910 -6430
f
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
ISSUING THE MAYOR'S PROCLAMATION DECLARING THE
SPECIAL CITY ELECTION, TO BE HELD IN CONJUNCTION
WITH THE REGULAR CITY ELECTION, ON TUESDAY,
FEBRUARY 9TH, 19889 IN THE FIRE STATION AT SOUTH
MIAMI CITY HALL COMPLEX, 6130 SUNSET DRIVE, SOUTH
MIAMI, FLORIDA, FOR THE PURPOSE OF A REGULAR
ELECTION TO ELECT A CITY COMMISSIONER FROM GROUP I
AND A SPECIAL ELECTION TO SUBMIT CHARTER AMENDMENT
QUESTIONS TO THE ELECTORATE AS PROVIDED BY LAW;
DESIGNATING THE TIME OF OPENING AND CLOSING OF THE
POLLS, NAMING CLERK OF THE ELECTION, DEPUTY CLERK
OF THE ELECTION, DEPUTY SHERIFF OF THE ELECTION
AND INSPECTORS OF THE ELECTION AND OTHER PERSONNEL.
WHEREAS, the City Charter and the City Code of Ordinances
provide the City Commission shall designate the polling Olace, Clerk of Election,
Deputy Clerk of Election, Seputy Sheriff of Election, Inspector of Election and
other Election personnel, ballot questions to be voted upon and opening and
closing times of the polls;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That there will be a Special Election held in
conjunction with the Regular City Election on Tuesday, February 9th, 1988`:,
in the Fire Station at City Hall Complex, 6130 Sunset Drive, South Miami, at
which time the regular Election will be to elect a.Commissioner from Group I
to serve a full term as provided by law. The dandidates are as follows:
Commissioner: Leroy "Spike" Gibson
Group I Janet Feagans Launcelott
the Special Election questions are amendments to the South Miami City Charter
as follows:
Shall Section 2 of Article. II of the City Charter be amended to provide that the Vice -
Mayor shall serve for a two year term and shall be the Commissioner receiving the
greatest number of votes in the preceding general election, rather than by selection
by the City Commission? Yes or No
Shall Section 66 (2) of Article II of the City Charter be amended to provide that all
ordinances be published ten (10) instead of seven (7) days prior to a public hearing
to bring the Charter into technical comformity with State Law? Yes or No
Shall Section 6B (3) of Article 11 of the City Charter be amended to provide that
ordinances shall be read at Commission meetings by title only at first reading and
in their entirety at second reading, rather than being read in their entirety at both
meetings? Yes or No
15
Shall Section 6D (1) and (2) of Article II of the City Charter be amended to provide
that ordinances and resolutions shall be adopted by not less than three affirmative
votes of the Mayor and City Commission; provided that specifically designated matters
shall require four (4) affirmative votes except if two members are recused, in which
case all three (3) affirmative votes are required; and recusal(s) shall be counted
for purposes of a quorum only? Yes or No
Shall Section 7(2) and (5) of Article II of the City Charter be amended to provide for
the deletion from the Charter of municipal courts and public defenders as municipal
courts have been abolished by State Law? Yes or No `
Shall Section 1 of Article III of the City Charter be amended to provide for the
deletion of the words "indefinite length of term" regarding the appointment of a City
Manager to' office by the City Commission? Yes or No
Shall Section 4E of Article IV of the City Charter be amended to provide for the
elimination of the quarterly audit reports while maintaining the requirement of annual
audit reports? Yes or No
Shall Section I of Article VI of the City Charter labeled "Tort Liability" be deleted
from the Charter as part of the Section has been made invalid by State Law and the
remaining Sections have been transferred by Commission action to other areas of Charter
responsibility? Yes or No -
Shall Section 4 of Article VI of the City Charter be amended to provide that the
Charter's general publication requirements be changed from seven (7) to ten (10) days
as required by State-Law? Yes or No
Shall Section 6 of Article VI of the City Charter be amended to provide for the
re- inclusion in the Charter of the limitation that no franchise use or lease of City
property shall be granted for a period of more than thirty (30) years without four (4)
affirmative votes of the City Commission? Yes or No
Shall Section 0 of Article IV of the City Charter be amended to provide that the
term of multi -year contracts be reduced from ten (10) years by prohibiting multi -year
contracts for a period of more than four (4) ears except real estate sale /lease
back contracts which may be made with four (4j affirmative votes of the City
Commission for a longer period of time? Yes or No
Shall all Sections of the City Charter. not otherwise addressed in the preceding
Charter amendment questions, be'amended to provide that all references to a vote of
the City Commission which now calls for a 3/5 vote be reworded to require three (3)
affirmative votes of the Commission, and all references.to a 415 vote be reworded
to require four (4) affirmative votes of the City Commission? Yes " or No
Section 2. Personnel for the Election -shall =be-as follows: Clerk,
Harrison Cagle, Deputy Clerk, Virginia Maxwell, Deputy Cheriff, Mario Soto,
Inspectors: Florence Stroemer, Anna Schultzel, Mary Conroy, Elaine Hardaway,
Dorothy Schwartz, Betty Filippi, ' Sarah Bailey, Peter Chiesa, Helen Moser,
Eldora Myer, Gloria Stringer, Alden Thompson, Willie Mae Robinson,
William Cookson, Leola Williams and Sonia Crawford.
�5-
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i
Section 3. The polling place will be open from 7 :00 A.M. until
7:00 P.M. as prescribed by law.
PASSED AND ADOPTED this day of 1988.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
�5
MAYOR
ORDINANCE NO. '
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING
A CHANGE OF ZONING FROM COMMERCIAL OFFICE (CO)
TO NEIGHBORHOOD COMMERCIAL DISTRICT (C -1) ON
PROPERTY LEGALLY DESCRIBED AS LOTS 12, 13, 14
AND THE WEST 25' OF LOT 15 OF THE REVISED PLAT
OF POINCIANA PARK, AS RECORDED ON PLAT BOOK 41
AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, A /K/A 6180 SUNSET DRIVE, SOUTH MIAMI,
FLORIDA (EXXON STATION).
AGENDA ITEM PB -87 -035
WHEREAS, the applicant has requested a zoning change
on existing Commercial Office (CO) classification to Neighborhood
Commercial District (C -1) for an Exxon gas station and the staff recommend-
ation is for approval with conditions; and
WHEREAS, at -a public hearing on December 29th, 1987, the
Planning Board voted 5 -2 to grant the request.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a change of zoning from Commercial Office
(CO) to Neighborhood Commercial District (C -1) on property legally described
as:
Lots 12, 13, 14 and the West 25 feet of Lot 15,
of the REVISED PLAT OF POINCIANA PARK, as recorddd
in Plat Book 41 at Page 41 of the Public Records
of Dade County, Florida, a /k /a 6180 Sunset Drive,
South Miami, Florida,
is hereby granted.
PASSED AND ADOPTED this day of 1988.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
i e A Passed on 1st Reading:
Passed on 2nd Reading:
MAYOR
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APPLICANT: Exxon Co., U.S.A.
OWNER: Exxon Co., -.U.S.A.
MAP REFERENCE: 6180 SW 72 Street
COMMENTS: Request for a change in zoning from
Commercial Office (C.O.) to Neighborhood Commerical
District CC -11
CITY or S0UTH AIAM1 ft PLANNING BOARD
Scale.l1 a
., . 100!0 .
Date. 12-15-87 5 , " 0 .
Drn , .... Chkw PB; 87 -035
0
Hearing No.......
THE CITY Of
out 4A�a�s�i
•IS0 SUNSET ORIVE, SOUTH MIAMI, RLORIOA 33113
'VIII-/C SERVICE
OEPARTMENT
Z O N I N G P E T I T I O N
Property Description, Location and Legal: Exxon Facility, 6180 S.W. 72nd Street
Lots 12,13,14 and the west 25 feet of Lot 15 of "Revised Plat of Poinciana
Park ", as recorded in Plat Book 41, Page 41, of the Public Records of Dade
County, Florida,
Request: The Qvners of the above,-pioperty have made the following request:
Rezone site from C -0 to C -1 and grant Special Use Permit to bring
into conformity with Comprehensive Plan'and to permit rebuild of
this site as a Convenience Store selling gasoline.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAME � A A
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-)-37 (continued on page 2 '
i Page 1
City of South Miami
INTER- -OFFICE MEMORANDUM
TO: Marien Aran- Marien Spinrad oATE: December 23, 1987
Director, Building, Zoning
and Community Development
►ROm' SUeJ[GT:
Danilo Lopez & David Henderson Staff Report on PB -87-035
Exxon- Change in Zoning
DATA
Applicant: Exxon Company USA
Request: A change in zoning from Commercial Office (CO)
to Neighborhood Commercial District (C -1)
Address: 6180 SW 72 Street
Legal Description: Lots 12, 13, 14 and the west 25 feet of lot 15
of revised plat of Poinciana Park, as recorded
in Plat Book 41/41/ of the Public Records of
Dade County, Florida
BACKGROUND
1. In April 1984, Exxon Co. USA applied for but was denied a variance
for this service station that would allow a low profile, 25 sq.ft..
"Exxon" identification sign. At that time, Staff recommended
approval based upon the special signage needs of service stations,
and the relationship that a low rpofile sign would have with the
character of Sunset Drive, which was identified as being slower
and lower in scale than U.S. 1.
2. At the Planning Board meeting of March 27, 1984, Mr. Jack Williams,
representing Exxon, stated that the Applicant proposed to remove
an existing 40 sq.ft. pole sign.
3. on June 11, 1985, Exxon Co. USA recieved a variance for this
service station by Ordinance 17 -85 -1234 to allow two (2) detached
signs. The signs advertise gasoline prices. At that time, Staff
r6commended denial based upon the practice in South Miami of
service stations posting prices on their gasoline pumps. At the
South Miami City Commission meeting of June 11, 1985, Mr. Ramon
Perez, Station Manager /Lessee, stated that the service station's
sign had been removed.
4. On April 7, 1987, the Environmental Review and Preservation Board
,gave its recommendation for approval of a detached sign on the_ NW
"
corner:-of this property reading "EXXON ".
-2-
EXXON Staff Report December 23, 1987
S. On June 9, 1987, Exxon Co. USA appeared before the Planning Board
requesting a variance to allow a detached sign in a District
(Commercial Office CO) where it is not allowed. At that time,
Staff recommended denial based upon Section 12 -2 -4 of the zoning
Ordinance, which states that no variance shall be granted for
reasons of convenience, profit or caprice.
6. At the June 9, 1987 meeting, the Planning Board approved 4/3 a
motion to recommend approval of the requested variance for a
detached sign.
7. On December 1, 1987, the City Commission heard this request and
explained to Exxon Co. USA representatives they may want to
ask for a change in zoning, which would be in accordance to the
City's new Comprehensive Plan (January 1987). The City Commission
deferred this item for a later date when more information as to
plans and pictures are submitted by the Applicant.
EXPLANATION
1. The site is currently zoned as Commercial Office (CO). A gas
station is not permitted in this district, being this 'is anon
conforming use. The uses at this station are those of gas service
and garage repairs.
2. The future land use designation (Comprehensive Plan 1981) is
Retail Service, which includes "a broad range of general retail
and service uses, including merchandise, food, apparel, restaurants,
etc." (Comp. Plan, Page L -2)
3. Thus the current zoning designation is not in compliance with the
future land use designation. Another gas station exists across
the street, -at the NW corner of 62 Avenue and Sunset Drive
intersection; this station is located in a parcel which future
land use designation is Retail, and its present zoning is C -1,
Neighborhood Commercial District.- A gas station is allowed to
operate in this district under a special use permit. The C -1
zoning district designation would be in compliance with the future
land use designation of retail.
4. The Applicant plans to remodel the station, add landscaping, elimi-
nate the existing garage bays and build a food store (convenience
type) which is permitted under the C -1 zoning designation.
• l
I 0!'
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, GRANTING
A CHANGE OF ZONING FROM COMMERCIAL OFFICE (CO)
TO NEIGHBORHOOD COMMERCIAL DISTRICT (C -1) ON
PROPERTY LEGALLY DESCRIBED AS LOTS 129 13, 14
AND THE WEST 25' OF LOT 15 OF THE REVISED PLAT
OF POINCIANA PARK, AS RECORDED ON PLAT BOOK 41
AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, A /K/A "6180 SUNSET DRIVE, SOUTH MIAMI,
FLORIDA (EXXON STATION).
0
AGENDA ITEM PB -81 -035 .
WHEREAS, the applicant has requested a toning change
on existing Commercial Office (CO) classification to Neighborhood
Commercial District (C -1) for an Exxon gas station and the staff recommend-
ation is for approval with conditions; and
WHEREAS, at a public hearing on December 29th, 1981, the
Planning Board voted 5 -2 to grant the request.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a change of zoning from Commercial Office
(CO) to Neighborhood Commercial District (C -1) on property legally described
as:
Lots 12, 13, 14 and the West 25 feet of tot 15,
of the REVISED PLAT OF POINCIANA PARK, as recorddd•
in Plat Book 41 at Page 41 of the Public Records
of Dade County, Florida, a /k /x 6180 Sunset Drive,
South Miami, Florida,
is hereby granted.
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
MY UERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Passed on 1st Reading:
Passed on 2nd Reading:
MAYOR
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APPLICANT: Exxon Co., U.S.A.
OWNER: Exxon Co., U.S.A.
MAP REFERENCE: 6180 SW 72 Street
COMMENTS: Request for a change in zoning from
Commercial Office CC.0 .1 to Neighborhood Commerical
District CC -11
CITY of SOUTH AIM N PLANNING b►OARD
Compass
Scale. 1 ". °..100!. .
Date. 12-15-87 , .. .
Drn 0..... Chk . P8" 87' 03 5
Hearing No.......'
THE CITY OF
S01 AS 1R1) ?l
4130 SUNSET DRIVE, SOUTH MIAMI, FLORIO^ »fV
>lLIG lCRVIGR .
O[rARTMCNT
Z O N I N G P E T I T I O N
Property Description, Location and Legal: Exxon Facility, 6180 S.W. 72nd Street
Lots 12,13,14 and the west 25 feet of Lot 15 of "Revised Plat of Poinciana
Park ", as recorded in Plat Book 41, Page 41, of the Public Records of Dade
County, Florida, a
Request: The Owners of the above-_pioperty have made the following request:--- - �- -
Rezone site from C -0 to C -1 and grant Special Use Permit to bring
into conformity with Comprehensive Plan and to permit rebuild of
this site as a Convenience Store selling gasoline.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
NAD16 A FSS--�-
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► -37 (continued on page 2) Page 1
City of South Miami
INTER- -OFFICE MEMORANDUM
o; Marien Aran - Marien Spinrad OAT[: December 23, 1987
Director, Building, Zoning
and Community Development
CROW Danilo Lopez & David Henderson 'u" "T' Staff Report on PB -87 -035
Exxon- Change in Zoning
DATA
Applicant: Exxon Company USA
Request: A change in zoning from Commercial Office (CO)
to Neighborhood Commercial District (C -1)
Address: 6180 SW 72 Street
Legal Description: Lots 12, 13, 14 and the west 25 feet of lot -15
of revised--plat of Poinciana Park, as recorded
in Plat Book 41/41/ of the Public Records of
Dade County, Florida
BACKGROUND
1. In April 1984, Exxon Co. USA applied for but was denied a variance
for this service station that would allow a low profile, 25 sq.ft,
"Exxon" identification sign. At that time, Staff recommended
approval based upon the special signage needs of service stations,
and the relationship that a low rpofile sign would have with the
character of Sunset Drive, which was identified as being slower
and lower in scale than U.S. 1.
2. At the Planning Board meeting of March 27, 1984, Mr. Jack Williams,
representing Exxon, stated that the Applicant proposed to remove
an existing 40 sq.ft. pole sign.
3. On June 11, 1985, Exxon Co. USA recieved a variance for this
service station by Ordinance 17 -85 -1234 to allow two (2) detached
signs. The signs advertise gasoline prices. At that time, Staff
recommended denial based upon the practice in South Miami of
service stations posting prices on their gasoline pumps. At the
South Miami City Commission meeting of June 11, 1985, Mr. Ramon
Perez, Station Manager /Lessee, stated that the service station's
sign had been removed.
4. On April 7, 1987, the Environmental Review and Preservation Board
gave its recommendation for approval of a detached sign on the_ NW
."
corner:-of this property reading "EXXON ".
s
a'
—2-
EXXON Staff Report December 23, 1987 '
5. On June 9, 1987, Exxon Co. USA appeared before the Planning Board
requesting a variance to allow a detached sign in a District
(Commercial Office CO) where it is not allowed. At that time,
Staff recommended denial based upon Section 12 -2 -4 of the Zoning
Ordinance, which states that no variance shall be granted for
reasons of convenience, profit or caprice.
5. At the June 9, 1987 meeting, the Planning Board approved 4/3 a
motion to recommend approval of the requested variance for a
detached sign.
7. On December 1, 1987, the City Commission heard this request and
explained to Exxon Co. USA representatives they may want to
ask for a change in zoning, which would be in accordance to the
City's new Comprehensive Plan (January 1987). The City Commission
deferred this item for a later date when more information as to
plans and pictures are submitted by the Applicant.
EXPLANATION
1. The site is currently zoned as Commercial Office (CO). A gas
station is not permitted in this district, being this 'is a non-
conforming use. The uses at this station are those of gas service
and garage repairs.
2. The future land use designation (Comprehensive Plan 1981) is
Retail Service, which includes "a broad range of general retail
and service uses, including merchandise, food, apparel, restaurants,
etc." (Comp. Plan, Page L -2).
3. Thus the current zoning designation is not in compliance with the.
future land use designation. Another gas station exists across
the street, -at the NW corner of 62 Avenue and Sunset Drive
intersection; this station is located in a parcel which future
land use designation is Retail, and its present zoning is C -1,
Neighborhood Commercial District. .'A gas station is allowed to
operate in this district under a special use permit. The C -1
zoning district designation would be in compliance with the future
land use designation of retail.
4. The Applicant plans to remodel the station, add landscaping, elimi-
nate'the existing garage bays and build a food store (convenience
type) which is permitted under the C -1 zoning designation.
EXXON Staff Report -3- December 23, 1987
ANALYSIS
1. The proposed change would be in conformity with the adopted
Comprehensive Plan which would not require any modification.
2. The proposed change would create a second isolated parcel of
C -1 unrelated to the surrounding C -O District but compatible
with the other C -1 parcel accross the street.
3. The proposed change will not adversely influence living conditions
in the neighborhood as a less intensive use of the parcel will be
established.
4. The proposed change will not create an increase in traffic con -
ditions,'as the garage use will be eliminated and more ample
circulation and parking spaces provided.
5. The proposal would enhance the property by replacing the existing
building with new construction, -thus not reducint property values
in the adjacent area.
b. The proposal complies with all regulations established for service
stations in the Neighborhood Commercial Deistrict (C -1) of the
Zoning Ordinance.
RECOMMENDATION
1. Staff recommends approval of the request as it is in compliance
with the Comprehensive Plan (1981); it would not adversely affect
the public interest as to traffic circulation, property values and
intensity of use and the proposed plans for the station comply
with zoning regulations.
2. Consistent with Section 9 -5 of the Zoning Ordinance, a Special Use
Permit has to be obtained by the Applicant even if the zoning is
changed to C -1 prior to the building of the new station.*
*Section 9 -5 "Destruction of a,Non-Conforming Use" reads:
"No building which has been damaged by any cause whatever to the
extent of more than So% of the fair market value of the building
immediately prior to damage, shall be restored except in conformity
with these regulations and all rights as anon- conforming use are
terminated.
3. Under the new zoning designation, a food store would be permitted
by right.
DLL am
D8'
CITY MANAGER'S REPORT:
Vice -Mayor McCann said meetings with South Florida Water Management have met
with some degree of success. Instead of the original plans to cut down Austrian
eine trees, even in Dante Fascell park, alternatives of leaving some trees or even
replanting are being researched. Mayor Porter thanked her.for her persistence in
this matter.
Mayor Porter announced that item #'5, South Miami Hospital Resolution amendment,
has been withdrawn by the applicant. Discussion was held between the City
Commission, the City Attorney and the Hospital representative, Bill Enright, as to
the procedure for this withdrawal /deferral that would permit the Hospital to appear
in front of the Commission when they are ready to do so without jeapardizing their
on -going development.
The correct procedure would be to defer to a 'time certain' and the Hospital
could then submit the same application or add additions to the one they have
submitted at this time. Moved by Vice -Mayor McCann, second by Mayor Porter; -to
defer this item until the 2nd City Commission meeting in January, 1988 (1/19/88).
Mr. Enright stated to the Commission he did not believe this would give the
Hospital enough time for their preparation and stated early Spring would be
preferable. Vice -Mayor McCann and Mayor Porter withdrew their motions.
Moved by Commissioner Andrews Lantz, second by Commissioner Brown, that agenda
item #5, South Miami Hospital Resolution amendment, captioned below, be deferred
until the first, regular City Commission meeting in April, 1988 ( 4/ /88).
Motion passed unanimously: Mayor Porter, yea; Vice- Mayor McCann, yea;
Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown,
yea.
Item #4
RESOLUTION NO.
A RESOLUTION AMENDING PRIOR RESOLUTION NO. 54 -85 -7019 AUTHORIZING
A SPECIAL USE PERMIT FOR SOUTH MIAMI HOSPITAL BY PROVIDING FOR
THE ELIMINATION OF AN EXISTING WAREHOUSE USE; ALLOWING OFFICE USE
AND ALLOWING THE RELOCATION OF A PROPOSED EDUCATION CENTER ON
THIS WAREHOUSE SITE; AND REPHASING THE COMPLETION OF THE
EDUCATION CENTER FROM 1995 -2000 TO 1987- 1988.
RESOLUTION NO.
A RESOLUTION GRANTING A VARIANCE FOR A FREE - STANDING SIGN IN A CO
(COMMERICIAL OFFICE) DISTRICT FOR PROPERTY LEGALLY DESCRIBED AS
LOTS 12, 13, 14 AND THE WEST 25' OF LOT 15, OF THE REVISED PLAT
OF POINCIANA PARK AS RECORDED IN PLAT BOOK 41 AT PAGE 41 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, A /K/A 6180 SUNSET DRIVE,
SOUTH MIAMI, FLORIDA.
Moved by Commissioner Brown, second by Commissioner Andrews Lantz, the
resolution be adopted and assigned the next number by the City Clerk.
CCM -4- 12/1/87 rjn
_ "fir • • •'
i
Item N4 (continued):
Mayor Porter deemed public hearing to be in session and requested anyone
wishing to speak for or against.the ordinance to please step forward at this time.
1) Mr. Ramon Perez, proprietor of the Exxon Station at 6184 Sunset Drive
(applicant) addressed the Commission stating his station is the only one in that
area that does not have a 'company' sign. Those traveling on Sunset Drive have
difficulty seeing his station until they have passed it and his sale of gasoline
has steadily declined since his original sign was taken down in 1984.
No one else wished to speak and the public hearing was deemed closed.
Commissioner Schwait said he was not happy with the information that had been
provided to the Commission; lack of pictures and drawings, and there is no size
dimension or placement noted for the sign. Vice -Mayor McCann agreed and asked that
wording be more specific.
City Attorney Dellagloria stated he would have no problem wording an amendment
for the Commission that would state as per plans dated a specific date and assigned
a certain file number. He will work with the Planning, Zoning and Commun'i'ty
Development Director to make certain sign complies with all regulations. Ms Aran -
Spinrad, Planning, Zoning & Community Development Director stated that all require -
ments on this application had been met to her satisfaction. City Attorney then
worded the amendment for the Commission:
"...free - standing sign variance pursuant to Plans dated August 17th, 1987,
sketch number 87585, size 61%" by 4'514-" on property legally described ..."
Moved by Mayor Porter, second by Vice- Mayor McCann this amendment be added to
the resolution.
Commissioner Schwait asked Mr. Perez to explain placement of the sign; Mr. Perez
stated the sign will be diagonally placed.
Motion. on amendment passed 5/4: Mayor Porter, yea; Vice -Mayor McCann, yea;
Commissioner Andrews Lantz, yea; Commissioner Schwait, yea; Commissioner Brown, yea.
Vice -Mayor McCann again explained the signs specification for this station are
different, but it is in a different zoning designation than the other stations. It
had been explained to Mr. Perez he may want to ask for a change in zoning, which
would be according to the City's new Comprehensive Plan (January, 1988) and he would
than have the zoning classification he needs for his signs.
Discussion was held with regard to setback stipulations and City right -of -way.
Ms.'Aran- Spinrad stated this sign would be only approximately 3' from the property
line.. Vice -Mayor McCann said the resolution should so state. This information is
missing as well as type of sign and placement.
Commission held discussion with regard to determination of whether sign was
"detached" or 'free- standing ". Ms. Aran - Spinrad was requested to gather definitive
terms for this designation while the Commission moved forward on the agenda.
Moved by Vice -Mayor McCann, second by Mayor Porter, that agenda! item #6 be
considered at this time:
CCM
-5-
12/1/87 rjn
E*�ON COMPANY, U.S.A.
POST OFFICE BOX 9628 • FT LAUDERDALE, FLORIDA 33310.9628 •13051563 -4401
November 24, 1987
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attention: Building, Zoning and Community
Development Department
RE: Exxon Facility 4 -5729
6180 SW 72nd•Street
South Miami
Gentlemen:
The above referenced site is currently a gasoline
station with garage facility. The current zoning
is C -O. Please accept this letter and accompanying
application to initiate a change of zoning on this
site to C -1, Neighborhood Commercial. We understand
that a zoning of C -1 will adhere to the current
Comprehensive Plan designation on the site.and the
only action required at this time is a rezoning to
C -1 classification.
We would like to have the rezoning effective as soon
as possible.
Very truly yours,
Schic to
tniorEng ine
RMS:ms
A DIVISION OF EXXON CORPORATION
' � .. ; -..t. �'� �•�� ..: s: 1�•.. 'i �`�Mf•++�,', f {. 9�T=� � K �' .,'!�rc�pg�yf +�'�� i�'�+i'�s�T'�,�+�,�y�fy r•:�•.
a.
EON COMPANY, U.S.A.
POST OFFICE BOX 9628 • FT LAUDERDALE, FLORIDA 33310.9628 •1305) 563.4401
November 24, 1987
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attention.: Building, Zoning and Community
Development Department _
Gentlemen:
This letter is to authorize and acknowledge that
Corporate Property Services, Inc.
303 N.W. 12th Avenue
Deerfield Beach, FL 33442
is to act as Exxon Company U.S.A. Authorized Agent
in all manner of government regulations and permitting
with the City of South Miami.
Very truly yours,
.,'M. S hic tanz�%
GAS nior Engineer;
RMS:ms
A DIVISION OF EXXON CORPORATION
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, December 29, 1987 at 7:30 P.M. in the City Commission
Chambers, 6130 Sunset Drive, the Planning Board of the City of
South Miami will conduct the following Public Hearings:
PB -87 -035
Applicant: Exxon Company USA
Request: A change in zoning from Commercial Office
(CO) to Neighborhood Commercial District (C -1)
Address: 6180 S.W. 72 Street
Legal Description: Lots 12, 13, 14 and the West 25 feet of
lot 15 of Revised Plat of Poinciana Park, as
recorded in Plat Book 41/41 of the Public
Records of Dade County, Florida.
PB -87 -036
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida amending Section 8 -6 -2.01 of Article VIII of Chapter 20
of the Code of Ordinances by eliminating the height limitations for
hedges in residential zones and creating Section 8 -6 -2.03 requiring
proper maintenance for hedges.
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
18 TO BE BASED. (F, S, 216, 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA, AT THU TI ME 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
MIG14T TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
THE AREA INVOLVED, THE BOARDS 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 057 -36111 OR BY WRITING, REFER TO HEARING NUMBER WHEN MAKING
INQUIRY,
PLANNING BOARD
10913100 -7 Bz REV. 12 -0-01 THIS IS A COURTESY NOTICE
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 DAVID J. FELTON
AS (OWNER, TENANT,
AGENT, ETC. SPECIFY)
AGENT
ADDRESS OF APPLICANT
CITY
_STATE ZIP
PHONE
303 NW 12th Avenue
Deerfield
Beach FL 33442
426 -5144
OWNER
DATE OWNERSHIP OF PROPERTY OBTAINED
Exxon Company USA
ADDRESS OF OWNER
CITY
STATE ZIP
PHONE
P. 0. Box 9628
Ft. Lauderdale FL 33310
1563-4401
1S PROPERTY OPTION OR CONTRACT FOR PURCHASET
MORTGAGEE IS
NAME AND ADDRESS
YES X NO
IF APPLICANT 15 NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? X YES NO
LEGAL DESCRIPTION. OF PROPERTY COVERED BY APPLICATION
LOT(S) 12,13,14 and west 25 feet of Lot 15 BLOCK
SUBDIVISION PB Book 41, Page 41
METES AND BOUNDS
SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING I/WIS
20,696.8 SW 72nd Street & SW 62nd Ave
ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY Store & Gasoline Sta%
Automobile Service Station (Proposed Convenier.
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
X CHANGE OF ZONING
VARIANCE
EXCEPTION
AMEND SECTION OF CODE
r.ca�n I cvna a t.w55IrIGnTtON CHANGE OF ZONING REQUESTED
c -O C -1
EXPLANATION OF ABOVE
To bring in conformance with comprehensive plan
X OTHER (SPECIFY)
Special Use Permit
for Auto Service Sta
rHE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION.)
X CERTIFIED SURVEY X SITE PLAN PHOTOGRAPHS
STATEMENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
PROPOSED FLOOR PLAN X HEARING FEE (CASH OR CHECK) OTHER
rHE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION REPRESENTS THE INFORMATION ANO ALL SUPPORTING
3ATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HI KN LEDGE AND LIEF.
Corporate . Property Svcs
IG ATUnc-1 Agent for Exxon
FOR OFFICE USE ONLY
)ATE OF HEARING — HEARING NO_
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI
FLORIDA, DENYING AN ADMINISTRATIVE APPEAL
FROM A DECISION OF THE ENVIRONMENTAL. REVIEW
AND PRESERVATION BOARD.
WHEREAS, on December 1st, 19879 the Environmental
Review and Prp.servation Board (E.R.P .B.) granted a request to the
placement of a sign on the parking garage of the Bakery Centre by
a tenant, the Parallel Bar, and
WHEREAS, pursuant to Section 11 -3 -5 of the Zoning
Code, the City Administration wishes to,appeal this decision.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.
Section 1. That the appeal of the City Administration
from a decision of the E.R.P.B. of December 1st, 1987, is hereby
denied.
PASSED AND ADOPTED this day of , 1988
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM.
CITY ATTORNEY
��L�
> y City f South Miami
tami
INTER -OFFICE MEMORANDUM
,.o; Rosemary Jordan Nayman DAM December 11, 1987
City Clerk .
Marien Aran- Spinrad P s�sner. Administrative Appeal to
Director, Building, Zoning Environmental Review &
and Community Development Preservation Board decision of
D c 12"7
This is to advise you that the Department is making an administrative
appeal to the decision of the above mentioned Board regarding Item G
on the Agenda of December 11 1987, a petition by the Parallel Bar /
Bodyworks to relocate a sign within the Ba4ery Centre Planned Unit
Development.
Please schedule this appeal on the_next available Commission Agenda:
Prior to the scheduled meeting, I will provide you with detailed
documentation on the appeal for i$clusion on the Commission Agenda.
Should you have any questions on this matter, please contact me.
HAS /am
cc: Hector Figueredo, City Manager
John Dellagloria, City Attorney
Jeffrey Marks, Parallel Bar (via Certified Mail)
City of South Miami
INTER - -OFFICE MEMORANDUM
TO; Hector Figueredo, DAT91 November 11, 1987
City Manager
raomt Marien Aran- Spinrad Ob su.jccT: Vice Mayor McCann's memos of
Director, - Building, Zoning Dec. 2, 1987 res Subcrave
and Community Development Parallel Bar
- Subcrave -'is being cited for violating Ordinance No. 23 -87 -1296
wwhicF passed on November 17, 1987
Parallel Bar - was presented to the Environmental Review & Preserva-
tion Boara7ERPB) on their meeting of November 3, 1987, as part of
the submittal for a minor change in the Bakery Centre' s_ Planned _
Unit Development. See attached copy of Agenda The day of the
meeting, Mr. Margulies called to defer his application; the Parallel
Bar attended and was heard at the meeting. The Board approved the
request with the provision that Mr. Marks obtain a letter from Mr.
Margulies stating that only the Parallel Bar sign and the Bakery
Centre sing /logo be placed on the parking garage. Mr. Marks was
unable to obtain such a letter from Mr. Margilles, and he requested
to go again in front of the ERPB to explain his position. on
December 1, 1987, the ERPB heard his case and approved the change
in location of the sign. This department has filed an administrative
appeal of the ERPB's decision.
MAS /am
attachment_
City of South Miami
6130 Sunset Drive, South Miami, Florida 33143 667-5691
December 11, 1987
a
ek
Mr. Jeffrey Marks CERTIFIED MAIL
Bodyworks
5701 Sunset Drive, Suite 314B
South Miami, Florida *33143 •
Dear Mr. Marks:
This is to inform you that my department is filing an
administrative appeal to the Oecision of the Environmental
Review and Preservation Board of December lst, 1987, grant -
ing the Parallel Bar the ability to relocate a sign to the
Parking Garage within the Bakery Centre.
As we have previously discussed and as was brought up at
the above referenced meeting, this department believes
that the Parallel Bar sign does not comply with what is
stipulated in the Bakery Centre's Tenant Signage Criteria
which is part of the Planned Unit Development (PUD)•agreement.
The City Clerk.will notify you when this matter will be heard
by the City Commission. At such time, you will be able to
express to the Commission your views on the matter.
If you have any questions, you may contact me at 667 -5691.
Sincerely,
Marien Aran- Spinrad
Director, Building, Zoning
and Community Development
MAS /am
cc: Hector Figueredo, City Manager
John Dellagloria, City Attorney
i 'Rosemary Jordan Nayman, City Clerk
W, t
"City of Pleasant i_iving"
•�ti
S
• i
i
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, DENYING
AN ADMINISTRATIVE APPEAL FROM THE CITY
MANAGER'S DECISION REGARDING 68TH COURT AND
SUNSET DRIVE.
WHEREAS, on November 27th, 1987, the City Manager
rendered a response to a citizen complaint regarding berms on
68th Court and Sunset Drive; and
WHEREAS, on December 11, 1987, the City Manager
reviewed his previous decision and did not vary from the original
letter; and
WHEREAS, the citizen has requested the Mayor and City
Commission to hear an appeal from this decision.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the appeal of the decision of the
City Manager of November 27, 1987 be and the same is hereby
denied.
PASSED AND ADOPTED this day of , 1988.
APPROVED:
ATTEST:
MAYOR
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
R8 -1 -04
January 7, 1988
Mayor Bill Porter
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Mayor Porter:
Re: Administrative Appeal
Letter from City Manager, November 27, 1987
I would like to appeal the decision made by your previous
City Manager, Hector Figueredo, regarding the berms on
68th Court, South of Sunset Drive on the West side of the
street. They constitute a road safety hazard on 68th Court,
not allowing disabled cars to clear the road and are
detrimental to walkers, joggers,and bikers.
I have been informed that this will be on the January 19th
agenda, if there is any change, please let me know.
Sincerely,
C. F. Acker
cc: City Commissioners
John Dellagloria, City Attorney
EM'S
C��