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6400 SW 57 CT ADMINISTRATIVE WAIVER 2005 r" CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM r To: Don O'Donniley, AICP Date: September 16, 2005 Planning Director From: Luis A. Kruger Subject: Administrative Waiver Permit Facilit t 6400 SW 57 Court Please review the following staff report to be presented to the City Manager. REQUEST Greater Miami Neighborhoods Inc. is requesting and Administrative Waiver, for 6400 SW 57 Court, to reduce the required rear yard setback for a proposed new single family residence, from 25' to 19'-2", pursuant to Section 20-5.10(C)(1)(a) of the City's Land Development Code. BACKGROUND & ANALYSIS: Greater Miami Neighborhoods Inc. was contracted by City of South Miami, CRA to build 7 affordable homes for the community. The proposed new single family at 6400 SW 57 Court (zoned RS-4 Single Family Residential) is among one of the properties that the city allocated for this contract. The property in question received approval from the E.R.P.B. and a permit for construction was issued on March of 2005. However, upon commencing preparation for construction, the builder discovered an error by the architect on the site plan submitted to the E.R.P.B. and Building Dept. The submittals had the wrong dimensions for the lot and thereby causing the approved structure to be in the setback area. The proposed single family residence complies with maximum building coverage and impervious coverage limits. However, the applicant is requesting to extend 5'-10" feet into the required rear setback maintaining a new and proposed rear setback of 19'-2" feet. The applicant's request for a reduction of the rear setback requirements does not exceed the limitations of an administrative waiver, as set forth in Section 20-5.10(C)(1)(a). Furthermore, through review of the application and inspection of the property, it has been found that the waiver (1) would be in harmony with the general appearance and character of the neighborhood and the entire community and (2) would not impose any substantial negative impact on the surrounding area. Lastly, the applicant has submitted consent of all surrounding property owners; for further details please see attached Administrative Waiver Petition and Letter to Ms. Gwen Corker dated Aug. 23, 2005. COMPREHVNSIVE PLAN This requested administrative waiver does not conflict with the adopted Comprehensive Plan of the City of South Miami. % Administrative Waiver Reduction of rear yard setback New single family residence 6400 SW 57 Court Page 2 of 2 RECOMMENDATION Staff recommends approval of the requested Administrative Waiver. Any construction will be in accordance with the site plan presented with the application, and will require a revision to the building permit (05-0207). The applicant should be aware that only one administrative waiver may be granted for the subject property. The applicant is also required by ordinance to record this administrative waiver in the official Public Records of Miami-Dade County. After the Administrative Waiver is recorded, the applicant must submit a copy to the Planning.& Zoning Department of the City of South Miami. Attachments: Application Letter Of Intent Site Plan Property Survey Petitions Letter dated Aug.23,2005 LK \\Mcgrufflplanning\Admin Wavers\6400sw57ct\6400 SW 57 Court(report).doc South Miami sour, CITY OF SOUTH MIAMI• Ali•Ameriea City Planning and Zoning Department 6130 Sunset Drive, 2nd Floor'; South Miami, Florida 33143 " 1 INCORPORATED ( A - Phone: 305) (663-6331; Fax#: 305/ 668-7356 .� 1927 2001 O R VD ADMINISTRATIVE WAIVER PETITION Applicant: Greater Miami Neighbohoods Inc. Location: 6400 SW 57 Court South Miami,Florida 33143 a Request: An Administrative Waiver to reduce the required rear yard setback for a new single family residence from 25'0"to 19'2"pursuant to Section 20-5.10(C)(1)(a) of the City's Land Development Code. Petition: We, the undersigned property owners, are adjacent, abutting or across the street from the applicant. We understand and approve the above Request: Southern neighbor: JOHN PRICE JR 6410 SW 57 CT SOUTH MIAMI,FL Western neighbors: LOUISE CORKER 6401 SW 57 PL SOUTH MIAMI,FL Southwest neighbor: DONALD WALTER 6411 SW 57 PL SOUTH MIAMI,FL s _ pan } South Miami r� 0,€_ ;F Fl o r i d a wa�a N p � �aR t \ ppn r, f All-America ON tan 1• j ^�-" r r SEE*-c t.,: i - GP 2001 r•: September 16, 2005 ®lr i:iC Greater Miami Neighborhoods Inc. °'=:W 300 NW 12 Avenue o)c,� STATE OF FLORIDA,COUNV OF DADE Nn c00,4A, C11 Miami FL 3 3128 1 HERESY CERTIFY that thiS Is a M COPY Of the a- P CtEPK ° u p filed th office on U C.C. AD20 u Re: Administrative Waiver wi dESS#Vhwd let �ourfs ���, Er,C i �, tY r,Lc! ¢ HARV q�FCOUFyr ra Q:�w = BY c a— C&u� _J To Whom It May Concern: The City of South Miami approves the following Administrative Waiver: An Administrative Waiver to reduce the required rear yard setback for a new single family residence from 25'-0" to 19'-2"pursuant to Section 20-5.10(C)(1)(a) of the City's Land Development Code, on the property located at 6400 SW 57th Court, South Miami, FL 33143. Upon acceptance of this Administrative Waiver you hereby acknowledge that no additional Administrative Waiver will be granted to any present or future owners of the subject property. This Administrative Waiver will not be effective until fifteen (15) days after the City Manager's decision is published in a newspaper of general circulation. During this time you must have this Administrative Waiver recorded in the official Public Records of Miami-Dade County. After the Administrative Waiver is recorded, you must submit a copy, which shall be retained by the City's Planning&Zoning Department. Sincerely, Sworn to and subs abed Before me this ,,)—day of 2005. Maria Davis City Manager Notary Public &fN Nker ga payee My Commission DD255U7 cc: Don O'Donelley �.ndlp Expires October 05,2007 Planning Director \\Mcgruff\planning\Admin Wavers\6400sw57ct\6400 SW 57 CT Letter.doc PLANNING&ZONING DEPT. 6130 SUNSET DRIVE - �,. x� So M uth iami SOUTH MIAMI,FL 33143 , i ° ` i a TEL: 305-663-6326 , FAX: 305-666-4591 ` NE•AmericaCiEY 2001 August 23, 2005 Ms. Gwen Corker 15645 SW 109 Court Miami, FL. 33157-1214 Re: 6401 SW 57 Pl. South Miami, FL 33143 Dear Ms. Corker: Please be advised that the Greater Miami Neighborhoods, Inc., owner of property at 6400 SW 57 Court, is planning to construct a single family home on the site. The plans for the property indicate that the rear setback of the home will be 19 feet / 2 inches which is less than the required rear setback of 25 feet for the zoning district in which the property is located. The proposed development can not proceed without the granting of a variance or an administrative waiver by the City. The South Miami Land Development Code permits the home builder to request an administrative waiver to reduce the required rear yard setback for a new single family residence from 25'0" to 19' 2" (Section 20-5.10 (C)(1)(a) ). The regulations require that the owners of abutting properties sign a written form indicating no objection to the reduced rear setback. In that your property at 6401 SW 57 Place is adjacent to the property requesting a waiver, it is necessary for you to sign the attached Administrative Waiver Petition and return it to this office (stamped envelope provided). Your signature will help Greater Miami Neighborhoods, Inc. avoid the long and costly variance procedure. Please be advised that absent your signature or a clear statement opposing the Administrative waiver, this office will approve the 19 feet/2 inch rear setback by September 2, 2005. If you have any further questions or concerns, do not hesitate to contact me. Sincerely, , Don O'Donniley, P Planning Director Attachments: Waiver petition Return Envelope E:\Admin Wavers\6401 SW 57 Pl.doc - 30S G3 3001 City of Sough Miami Planning&Zonin Department City Hall,6130 Sunset Drive,Sauth Miami,Florida 33143 Telephone: 305.663.6326 or 61347; Fax: 305.666.4591 Application for Administrative Waiver f Address of Subject Property: bt-k Z�� Lct(s) Block Subdivision P13 - Meets& Bounds: —— Property Owner: Phone. ' Mailing Address: F xk33S) (p(C 935 S a ik 0- �L&A �e t�� Architect: Phone: Has the subject property ever been approved for an Administrative Waiver? YES NO i APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: ' PLEAS CHECK ALL THAT APPLY: Increase of Impervious Coverage _ Building Spzcing PL of intent ,Jncrease of Building Coverage — Lot Size Reduction _ ,00f of ownership or letter from owner Setback Reduction Lot FrontagE` 7;Reduction furrent survey _Parking Requirements /Site Plan ( e) _Required Fee i Briefly explain application and cite specific Code sections: is Section: Subsection: Page#: l The undersigned has read this completed application and represents thi-t the information and all submitted materials are true and correct to the st of applicant's knowledge and belief. } A • ic . a Dae Upo receipt, ications and all submitted materials will be reviewedfor compliance with the Land Development Code(LDC),City of Sou Miami,and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of Approval l Date of Advertisement Petition Developed Petition Accepted Method of Payment i 3 3 f- Administrative Waiver Procedure Page 4 CARIB CONSTRUCTION CORP. 9703 S DIXIE HWY 0-1 PwECREST FL 33156 305.663.3004 FAX 305.663.8933 QB: 25396 Wednesday, July 06, 2005 City of South Miami Planning& Zoning Department 6130 Sunset Drive South Miami, FL 33143 RE: 6400 SW 57 TERR SETBACKS EXCEEDED Dear Sirs: LETTER OF INTENT We are requesting that the setbacks be exceeded for the above mentioned property due to an error on the part of the Architect and an oversight on the part of the Building Department prior to issuing the permit. Instead of going through the entire building approval process we have shifted the current permitted home to accommodate the minimum requirements for an administrative variance. We sincerely hope that we can do this as soon as possible. Thank you, Franz o de Beche Vice-President . r MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V.FERBEYRE,who on oath says that he or she is the SUPERVISOR,Legal Notices of the Miami Daily Business Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal Holidays)newspaper,published at Miami in Miami-Dade County, Florida;that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of Amok CITY OF SOUTH MIAMI COURTESY NOTICE ADM.WAIVER-6400 SW 57 COURT in the XXXX Court, was published in said newspaper in the issues of CITY OF SOUTH MIAMI 09/23/2005 COURTESY NOTICE Affiant further says that the said Miami Daily Business The City. Of South Miami, following review ..analysis and site Review is a newspaper published at Miami in said Miami-Dade inspection,including adjacent property owner consent,hereby,approves County,Florida and that the said newspaper has the following requested Administrative Waiver. heretofore been continuously published in said Miami-Dade County, Florida,each day(except Saturday,Sunday and Legal Holidays) An Administrative Waiver to reduce the required rear yard setback for and has been entered as second class mail matter at the post a new single family residence from 25'-0"to 19'-2"pursuant to Section office in Miami in said Miami-Dade County,Florida,for a 20-5.10(C)(1)(a)of the City's Land Development Code,on the property period of one year next preceding the first publication of the located at 6400 SW 57th Court,South_Miami,FL 33143:. attached copy of advertisement;and affiant further says that he or she has neither paid nor promised any person,firm or corporation INTERESTED 1RARTIES REQUESTING, INFORMATION ARE any discount,reb e,commission or refund for the purpose ASKED TO CONTACT THE PLANNING AND ZONING DEPARTMENT of securing th' advertis a publication in the said BY CALLING 305-663-6331 OR BY WRITING TO THE DEPARTMENT newspaper AT CITY HALL,6130 SUNSET DRIVE,SOUTH MIAMI,FL 33143. 9/23 05-4-48/588761 M OF Sworn to and subscribed before me this 23 day of SEPTEMBER A.D. 2005 (SEAL) O.V. FERBEYRE personally known Cheryl H Marmer MY Commission D03305H nb� Expires July 18,2008 South Miami sour� CITY OF SOUTH MIAMI � �r All-AmeficaCft H Planning and Zoning Department 6130 Sunset Drivel, 2nd Floor; South Miami, Florida 33143 ; ( J ( ) INCORPORATED Phone: 305 663-6331; Fax#: 305 668-7356 1977 �O Rj9 2001 ADMINISTRATIVE WAIVER PETITION Applicant: Greater Miami Neighbohoods Inc. . Location: 6400 SW 57 Court South Miami,Florida 33143 0 Request: An Administrative Waiver to reduce the required rear yard setback for a new single family residence from 25'0"to 19'2"pursuant to Section 20-5.10(C)(1)(a)of the City's Land Development Code. Petition: We, the undersigned property owners, are adjacent, abutting or across the street from the applicant. We understand and approve the above Request: ei6oHN PRICE JR 6410 SW 57 CT SOUTH MIAMI,FL - Western neighbors: LOUISE CORKER 6401 SW 57 PL SOUTH MIAMI,FL Southwest neighbor: DONALD WALTER 6411 SW 57 PL SOUTH MIAMI,FL "��-- PLANNING&ZONING DEPT. t 6130 SUNSET DRIVE $ r :�y� � ^?". South Nfiami SOUTH MIAMI,FL 33143 � � F i ° i a TEL: 305-663-6326 � � r FAX: 305-666-4591 AlbAmeriea City� i iced+`' 2001 August 23, 2005 Ms. Gwen Corker 15645 SW 109 Court Miami, FL. 33157-1214 Re: 6401 SW 57 Pl. South Miami, FL 33143 Dear Ms. Corker: Please be advised that the Greater Miami Neighborhoods, Inc., owner of property at 6400 SW 57 Court, is planning to construct a single family home on the site. The plans for the property indicate that the rear setback of the home will be 19 feet / 2 inches which is less than the required rear setback of 25 feet for the zoning district in which the property is located. The proposed development can not proceed without the granting of a variance or an administrative waiver by the City. The South Miami Land Development Code permits the home builder to request an administrative waiver to reduce the required rear yard setback for a new single family residence from 25'0" to 19' 2" (Section 20-5.10 (C)(1)(a) ). The regulations require that the owners of abutting properties sign a written form indicating no objection to the reduced rear setback. In that your property at 6401 SW 57 Place is adjacent to the property requesting a waiver, it is necessary for you to sign the attached Administrative Waiver Petition and return it to this office (stamped envelope provided). Your signature will help Greater Miami Neighborhoods, Inc. avoid the long and costly variance procedure. Please be advised that absent your signature or a clear statement opposing the Administrative waiver, this office will approve the 19 feet/2 inch rear setback by September 2, 2005. If you have any further questions or concerns, do not hesitate to contact me. Sincerely, Don O'Donniley, `CP s l^ Planning Director Attachments: Waiver petition Return Envelope ag�23�a5 E:\Admin Wavers\6401 SW 57 Pl.doc South Miami CITY OF SOUTH H MIAMI °t S o u r� AII•Ameriea City Planning and Zoning Department 6130 Sunset Drive, 2°d Floor; South Miami, Florida 33143 Phone: (305) 663-6331; Fax 4: (305) 668-7356 INCORPORATED ° `v c 2001 R1 ADMINISTRATIVE WAIVER PETITION Applicant: Greater Miami Neighbohoods Inc. Location: 6400 SW 57 Court South Miami,Florida 33143 ° Request: An Administrative Waiver to reduce the required rear yard setback for a new single family residence from 25'0"to 19'2"pursuant to Section 20-5.10(C)(1)(a) of the City's Land Development Code. Petition: Yee, the undersigned property owners, are adjacent, abutting or across the street from the applicant. We understand and approve the above Request: Southern neighbor: JOHN PRICE JR 6410 SW 57 CT SOUTH MIAMI,FL Western neighbors: LOUISE CORKER 6401 SW 57 PL SOUTH MIAMI,FL .Southwest neighbor: DONALD WALTER 6411 SW 57 PL SOUTH MIAMI,FL d