HomeMy WebLinkAboutR-00-04640
J -00-426(a)
5/25/00
RESOLUTION NO.
Cy - 4('A
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), DENYING THE APPEAL,
AFFIRMING THE DECISION OF THE ZONING BOARD,
THEREBY GRANTING A VARIANCE FROM ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, "REQUIRED
STREET SIDE YARD SETBACK-, TO ALLOW A STREET
SIDE YARD SETBACK OF'6'2.6" (15'0" REQUIRED),
FOR THE PROPERTY LOCATED AT APPROXIMATELY 401
NORTHWEST 3RD STREET, MIAMI, FLORIDA,
PURSUANT TO PLANS ON FILE, SUBJECT TO A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED AND SUBJECT
TO THE FOLLOWING CONDITIONS REVIEWED AND
APPROVED BY THE PLANNING AND ZONING
DEPARTMENT: 1) THE PROPOSED PARKING SPACES
SHALL BE RELOCATED FROM THE FRONT YARD TO THE
REAR YARD WITH AN ENTRANCE ON NORTHWEST 4TH
AVENUE, AND 2) OAK TREES SHALL BE AT LEAST
15' IN HEIGHT.
WHEREAS, the Miami Zoning Board at its meeting of
April 17, 2000, Item No. 10, following an advertised public
hearing, adopted Resolution No. ZB 2000-0304 by a vote of nine to
zero (9-0), granting a request for a variance from Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Article 4, Section 401, to allow a street side yard setback as
hereinafter set forth; and
A 7 7 A CH i
C,N I A 'NN E 3,
CITY COMMON
NEETINa OF
MAY 2 5 2000
Resolution Lio,
0- 4 6'
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s 1 •
WHEREAS, the City Commission after careful consideration of
this matter finds that the stated grounds for the appeal and the
facts presented in support thereof do not justify reversing the
decision of the Zoning Board granting the variance as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Commission hereby denies the appeal,
and hereby affirms the decision of the Zoning Board (Resolution
No. ZB 2000-0304, adopted April 17, 2000), thereby granting a
variance from Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami,. Article 4, Section 401, to allow
a street side yard setback of 62.6" (1510" required), for the
property located at approximately 401 Northwest 3rd Street,
Miami, Florida, as legally described as shown in Exhibit "i"
attached hereto and made a part hereof, pursuant to plans on
file,subject to a time limitation of twelve (12) months in which
a building permit must be obtained and subject to the following
conditions reviewed and approved by the Planning and Zoning
Department: 1) the proposed parking spaces shall be relocated
from the front yard to the rear yard with an entrance on
Northwest 4th Avenue, and 2) oak trees shall be at least 15' in
height.
Page 2 of 3 k
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor'/
PASSED AND ADOPTED this 25th day of May —f 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code, See. 2-35, since the Moor & not Indflof0ti ftVW0Vi51 d
this legislation by signing it in the designated r,�-
wwvk'741at,,.
becomes effective with the elapse of ten (10 ay Tr the *--' of Cownleellon 0
regarding same, without . the Mayor lKerd . g
ATTEST:
WALTER J. FOEMAN, CITY CLERK
APPROVFdS M TO FORM AND
KLIE�A-NDRO VILARELLO `6f%CI Y ATTORNEY
4391:YMT:ss
CTNESS:t/
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
A
Page 3 of 3 4.
Exhibit "1"
Lot 25, Block 90 of "Map of Miami, Dade County, Florida" according to the Plat thereof, as recorded in
Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida.
Property. Address: 401 N.W. 3' Street, Miami, Florida
ZONING FACT SHEET
PZ -1
Case Number: 2000-0328 17 -Apr -00 Item No: 10
Location: Approx. 401 NW 3 Street
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Gatehouse Dev. Corp. Adrienne F. Pardo, Esq.
600 Brickell Avenue 1221 Brickell Avenue
Miami, FL 33131 Miami, FL 33131
App. Ph: (305) 372-3343 Rep. Ph: (305) 579-0683 ext
Rep. Fa ext
Zoning: R-4 Multifamhy High -Density Residential
Request: Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Article 4, Section 401, Schedule of District Regulations, Required Street
Side Yard Setback, to allow a street side yard setback of V-2.6" (15'-0" required) for
an eligible historic home.
Purpose:
Recommendations:
Planning Department: Approval with conditions
Public Works: No comments
Plat and Street Committee: N/A
Dade County Transportation: No comments
Enforcement History, if any C.E.B. Case No: N/A
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Last Hearing Date:
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on:
CEB Action:
History:
Analysis: Please see attached.
Zoning Board Resolution No: ZB 2000-0304
Zoning Board: Approval with conditions
City Commissions N/A
Appellant: Peter B. Sobel, Esquire
Comply Order by:
Vote: 9-0
t 0
® '-+"
PETER B. SOBEL
ATTORNEY AT LAW
PO Box 4 0 3 1 0 5 1 2 2 1 B r i c k e l l Avenue T e 1:( 3 0 5) 5 3 9- 1 7 0 0
Miami Beach, FL 33140 9TH Floor Outside Dade County:
Facsimile:(305)274-1691 Miami, FL 33131 1(800)208-3300
/%5j /--Ll
2000
OFFICE OF HEARING BOARDS
CITY OF MIAMI
444 SW 2 AVE, 7t" Floor
Miami, FL 33130
ATTN: Teresita L. Fernandez
Executive Secretary
Gentlemen:
RE: Appeal
Case Number: 2000-0328
Location: Approx. 401 NW 3 ST
Applicant: Gatehouse Development
Corp. and Rex Properties, Ltd.
This is an Appeal of the Decision of the Miami Zoning Board on Monday, April 17,
2000 in passing unanimously a variance from Ordinance number 11000, as amended, the
Zoning Ordinance of the City of Miami, .Article 4, Section 401, Schedule of District
Regulation, Required Street Side Yard Setback, to allow a street side yard setback of 6'-
2.6"(15'-0" required) for an eligible historic home.
The Applicants allege in their application that the property is located within the R-4
district, however, pursuant to the Zoning Ordinance, the R-1 District Regulations apply to
single family homes located within an R-4 district. They further allege they are planning to
relocate this home from its present location at 428 NW 4 ST to 401 NW 3 ST which they
claim is the only available site in the area. The Applicants further allege that this wood
frame house may be eligible in the future for designation as historic.
The Appellant has filed a Motion to Deny the application prior to the Zoning Board
meeting, which was distributed to each board member and is part of the record before you.
The Appellant spoke at the meeting against passage of the variance, which is part of the
transcript filed.
THE ZONING BOARD'S DECISION WAS IN ERROR GRANTING THE
VARIANCE FOR THE FOLLOWING REASONS:
1. The house at 428 NW 4 ST sought to be moved is located in a fire zone I and is a
type V building (wood frame) Sec 1601.3 of the South Florida Building Code
states:
"Moved Buildings: Any building or structure moved within or in to any fire
zone shall be made to comply with all the requirements for new buildings in
that fire zone."
Section 1062 Fire Zoned I, Sec 1602.1 states:
"Any existing building or structure in fire zone I that does not comply with
the requirements for a new building erected therein shall not hereafter be
enlarged, altered, remodeled, repaired or moved except as follows:
(A) Such building may be entirely demolished.
(B) Such building may be moved outside the limits of Fire Zone I"
See also zoning article 11, Nonconformities, Sec. 1106.3 Moving. Therefore this
building may not be moved.
2 6- %
The Zoning Variance Application assumed that the moving of this building was
legal and only asked for a side yard variance from 15.0' to 6' 2.6" when in fact the
moving of this wood frame house is illegal and in violation of the South Florida
Building Code.
2. The applicants have not filed this application in a Historic Preservation District that
has been designated by the City of Miami and the City has not followed all the
ordinances that have been passed and made law by the Commission to designate
this area historic. Therefore the use of the language in the application "eligible
historic home," is inappropriate, prejudicial and should have no place in the Zoning
Board's consideration in their decision to allow moving the house or reducing side
yard requirement at 401 NW 3 ST. The City has not implemented the ordinances to
declare this area an historic preservation area as required.
See Chapter 23, Historic Preservation, Section 23.1-23.6.
Chapter 17 Environmental Preservation; Historic and Environmental
Preservation Boards 17-29, Article VII. Section 62-186-62-191.
Zoning Ordinance 11000, as amended Article 7 H P Historic Preservation
Overlay Districts Section 700-704.4.4.
3. The application on its face fails to disclose the contract purchase agreement alleged
to be between the owner and Gatehouse Development Corporation which owns
99.99% owner interest in Miami River Park Associates, the developer of the 14
story building on the north side of 4' street.
3
4. There is a substantial difference between an alleged "eligible" historic home and a
designated historic building. There is no proof that the dilapidated and neglected
house proposed to be moved is in any way historic. The applicants are using the
alleged "historic" house to create federal and state funding and federal tax credits
for themselves.
5. The application fails to substantiate that this home is a designated and certified
historic building and therefore deserves special consideration by this Board and
should be moved to 401 NW 3 ST, Miami, FL, a lot zoned R-4
6. The home is a wood frame structure that would not conform to the Fire Code and
South Florida Building Code, which governs the City of Miami building and
zoning. The zoning rules that apply to single-family homes in R-1 zoning do not
apply to moving wood frame homes within an R-4 zoning district as alleged by the
applicants. You may be able to build a new single family home in an R-4 district
but you would have to comply with the current South Florida Building Code and
fire safety regulations.
7. The moving of this old house and putting it on 401 NW 3 ST lot would depreciate
the value of the adjacent properties and devalue Peter B. Sobel's property located at
421 NW 3 ST, Miami, FL, which is also zoned R-4. It would inhibit future
development of new buildings on the north side of 3rd street where Mr. Sobel owns
property.
8. The applicant, Gatehouse Development Corporation, is creating the need for this
application by their own selfish desire to build a 14 story high rise with 180
apartments and parking garage on the north side of 4th street. The high rise is
across from the house they are moving which is now located at 428 NW 4 ST.
They plan to use the lot they are vacating to move a house, which now is on the
north side of 4' street. The high-rise apartment complex is not in harmony with the
neighborhood and is detrimental and adverse to the harmony of the neighborhood.
The unnecessary moving of two houses is creating the alleged need for set back
variances that are requested in the application. The developer claims it is working
with the state of Florida, city and Dade Heritage Trust. The real purpose behind
this application is to hamper future development of this area so the applicant can
build 211 rental apartments, a high rise and parking garage. There is no benefit to
this area zoned R-4 to move two houses to make room for the building on the north
side of 4' street. Also the house to be moved from 428 NW 3 ST does not fit the
corner lot nor is it appropriate to put a single family wood frame home on this lot
zoned R-4.
9. The application did not disclose the necessary facts to allow this Zoning Board to
make an informed decision on the merits of the application.
10. The moving of this house is part of the developers plan to build 211 apartments on
the north and south side of 4t' ST within 375 feet of 421 NW 3 ST, the Appellant's
property. Then after the building permits are issued for their new building, which
will have an adverse effect on the proposed Lummus Park Historic District, to
thereafter encourage the city to declare the district historic.
The developers are circumventing the historic preservation of the Lummus Park
area by first securing said building permits for their buildings. Then causing the
5
A
Appellant and surrounding property owners to comply with the Historic
Preservation Law Chapter 23, Section 23-5, Certificates of Appropriateness. This
will lessen the Appellants opportunities to freely develop his property in R-4 zoning
or sell it to a developer who might want to demolish the building and build a new
building.
The city is planning to initiate designation of the Lummus Park Historic District
under Ordinance 11694, Part II, Chapter 23, in a memorandum agreement with the
State and developer.
11. The Zoning Board failed to consider the Municipal Ordinances and voted in
complete disregard of the Municipal Ordinances previously passed in the City of
Miami.
12. The failure of the Zoning Board to follow the law as previously alleged, is designed
to deny to the Appellant due process of law and the equal protection of law as
guaranteed by the Constitution of The State of Florida and the United States of
America, Amendment V and Amendment XIV.
WHEREFORE the Zoning Board decision should be reversed.
.Respectfully Submitted,
A�' �O�
Peter B. Sobel, Esq.
Appellant
421NW3ST
Miami, FL 33128
(305) 539-1700
rti
6
•
I HEREBY CERTIFY that the above Appeal was mailed to Adrienne F. Prado,
Esq. Of the law firm of Greenberg Traurig, attorney's for applicants, 1221 Brickell
Avenue, Miami, FL 33131, this / day of . /Of 000.
Peter B. Sobel, Esq.
Appellant
ANALYSIS FOR VARIANCE
Approximately 401 N.W. 3rd Street
Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for a
variance as follows:
Side yard setback: Required - 15 feet
Proposed - 6 feet and 2.6 inches
The following findings have been made:
• It is found that the subject property is located within the Lummus Park Historic
District, which has been determined eligible for the National Register of Historic
Places.
• It is found that pursuant to 36 CFR Part 800, regulations implementing Section 106 of
the National Historic Preservation Act, the applicant has designed the proposed
Miami River Park Apartments project to minimize and mitigate the impact of the
project on the historic properties within the historic district.
• It is found that in order to comply with the provisions of Section 106, the applicant
was required to relocate one of the historic buildings (428 N.W. 41' Street) originally
slated for demolition. The only available vacant lot within the historic district is the
subject property.
• It is found that the width of the historic building proposed to 'be relocated to the
subject property would not allow compliance with the required side yard setback, and
that in order to comply, a portion of the building would have to be demolished, thus
destroying its historic character.
• It is found that the existing setbacks within the historic district are less than required
by the current zoning ordinance. The proposed setback for the subject property,
therefore, would be consistent with neighborhood character.
• It is found that the requirement to preserve historic buildings as a part of the
development of the overall project is a special condition of this property, which
constitutes a hardship.
464
• It is found that a literal interpretation of the provisions of the Zoning Ordinance
would deprive the applicant of the rights and aesthetic quality commonly enjoyed by
the rest of the properties within the same zoning district.
• It is found that the grant of this variance is in harmony with the general intent and
purpose. of the Zoning Ordinance and is not injurious to the neighborhood.
Based on this finding, the Planning and Zoning Department recommends approval
of the requested side yard variance for the proposed structure on the subject
property, subject to the following conditions:
1. The proposed parking spaces shall be relocated from the front yard to the rear yard
with an entrance on N.W. 4' Avenue. '
2. Oak trees shall be at least 15' in height.
4:64
ANALYSIS FOR VARIANCE
CASE NO. 2000-0328
Yes
No
N/A
E
❑
❑
Special conditions and circumstances exist which are peculiar to the -property.
❑
Ei
❑
Special conditions are result of petitioner's actions.
❑
Literal interpretation of ordinance causes undue hardship on petitioner.
7,
❑
❑
Granting variance conveys same treatment to owner.
i�
n
❑
Variance, if granted, is the minimum variance for reasonable use of property.
7
❑
J
Is in harmony with general intent and purpose of ordinance.
F7
❑
❑
U
-
J
❑
❑
0 04
464
Miami Zoning Board
Resolution: ZB 2000-0304
Monday, Apri117, 2000
Ms Ileana Hemandez-Acosta offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000,
THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, REQUIRED STREET SIDE YARD SETBACK, TO ALLOW A STREET
SIDE YARD SETBACK OF 6-2.66" (15'0" REQUIRED) FOR THE PROPERTY LOCATED AT
APPROXIMATELY 401 NW 3RD STREET, LEGALLY DESCRIBED AS LOT 25, BLOCK 90, MAP OF
MIAMI-DADE COUNTY, FLORIDA (B-41), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA;
ZONED MULTIFAMILY HIGH-DENSITY RESIDENTIAL. THIS VARIANCE WAS GRANTED PER
PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND
ZONING DEPARTMENT: 1) THE PROPOSED PARKING SPACES SHALL BE RELOCATED FROM
THE FRONT YARD TO THE REAR YARD WITH AN ENTRANCE ON NW 4TH AVENUE, AND 2) OAK
TREES SHALL BE AT LEAST 15' IN HEIGHT.
Upon being seconded by Mr. Osvaldo Moran-Ribeaux,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Yes
Mr. Rodoffo De La Guardia
Yes
Mr. Charles J. Flowers
Away
Ms. Ileana Hemandez-Acosta
Yes
Mr. Osvaldo Moran-Ribeaux
Yes
Mr. Humberto J. Pellon
Yes
Mr. Juvenal Pina
Yes
Mr. Ricardo D. Ruiz
Away
Mr. Angel Urquiola
Yes
Mr. Georges Williams
Yes
AYE: 9
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENTS: 2
Ms. Fernandez: Motion carnes 9-0
AL
Teresita L. Fernandez, Chi
Office of Hearing Boards
Case No.: 2000-0328 Item Nbr: 10
-- O
ZONING BOARD ACWN ON FETTTTON FOR VARIANCE
MOTION: I move that n Agenda Item # ® be
(D ) in that the requirements of
" Section 1903.1C() (WERE NOT) satisfied by
relevant evidence in the record of the public hearing.
(a) as stated in the City's finds or fact, or
(b) as demonstrated by the petitioner, or
(c) on the basis of the following:
The Zoning Board shall make findings that all of the requirements and
standards of Section 1903.1 (HAVE BEEN) (HAVE NOT BEEN)
demonstrated.
CHECK ONE (a) Special conditions and circumstances (FMT) (DO
OF EACH NOT EXIST) which are peculiar to the land, structure or
STATEMENT building involved and which are not applicable to other
lands, structures, or buildings in, the same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
(b) The special conditions and circumstances (DO) (DO
NOT) result from the actions of the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as admwise stated below:
(c) Literal interpretation of the provisions of zoning
ordinance (WOULD) (WOULD NOT) deprive the
applicant of rights commonly enjoyed by other properties
in the same zoning district under the terms of the zoning
ordinance and work unnecessary and undue hardships on
the petitioner
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
- 3) as otherwise stated below:
O- 464
2
(d) Granting the variance requested (WML) (WILL NOT)
convey the same treatment to the individual owner as to
the owner of other lands, buildings, or structures in the
same zoning district
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
(e) Granting the variance requested (WILL) (WELL NOT)
convey the same treatment, any special privilege that is
denied by the zoning ordinance to other lands, buildings
or structures in the same zoning district
(f) If granted the variance (WILL BE) (WILL NOT BE) in
harmony with the general invent and purpose of the zoning
ordinance, and will not be injurious to the neighborhood,
or otherwise detrimental to the public welfare
1) as stated in the City's findings of fact
2) as demonstrated by the petitioner
3) as otherwise stated below:
Signature
*10
Agenda Item
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1903.2. Written petition.
A written petition for a variance is submitted to the officer or agent of the city specified
by the city manager demonstrating all of the following:
(a) Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures, or build-
ings in the same zoning district;
(b) . The special conditions and circumstances do not result from the actions of the peti-
tioner;
(c) Literal interpretation of the provisions of this zoning ordinance deprives the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of this zoning ordinance and works unnecessary and undue hardship on the
petitioner;
(d) Granting the variance requested conveys the same treatment to the individual owner
as to the owner of other lands, buildings, or structures in the same zoning district;
(e) The variance, if granted, is the minimum variance that makes possible the reasonable
use of the land, building, or structure; and
(fl The grant of the variance is in harmony with the general intent and purpose of this
zoning ordinance, and is not injurious to the neighborhood, or otherwise detrimental
to the public welfare.
CITY OF MIAMI
OFFICE OF BEARING BOARDS
--APPLn FQR VAR CE
SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA+ AS AhIENDED, GENERALLY REQUIRES
ANY pEgrON WHO gECEMS CODOENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING
LOBByING ACT=MS TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAR ABU IN THE OFFICE OF THE CITY CLERIC (MIAMI CITY HALL},
LOCATED AT 3500 PAN AmmcAN DRIVE, MIAMI: FLORIDA, 33133.
#*:#,»:».*:*,�»»*:»»»*�*�**»*s�,��*�•»..:*»s**»�»»»*»*spa*»*»»:.»»a•►*�***»»::«*#�»**»*.»***»»»»:
NOTE' TSPS APPLICATION MUST BR TYPEWRITTEN AND SIGNED IN BLACK INK.
A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary toh
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 this Ordinance would result in unnecessary and undue hardship on the
property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure,
dimensions of yards, other open spaces, off street parking and/or loading requirements (see Article 19 of
the Zoning Ordinance). _
Gatehouse Development, Corp,Contract Purchaser &
I Adrienne F. Pa>`do , on behalf of Rex Properties,
potion the City of Miami Zoning Board for
a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at
401 N.W. 3rd Street folio number
01-0109-000-12710as specified below.
In support of this application, the following material is submitted.
X 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one
year from the date of application.
X 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing
(as required) property boundaries, existing (if any) and proposed structure(sj parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest form
(attached to application).
X 4. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered
by the application.
X 5. At least two photographs that show the entire property (land and improvements).
.7
X 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
X 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application).
X 8. gce of $ 250-00 to apply toward the cost of processing, according to Section 42-156 of the
Zoning Ordinance:
CS, PR, R-1, R 2, (single-family and duplex residential uses)......................$250.00
Piers, docks, wharves and the like, for each Variance from the
ordinance, per lineal foot..............................._..............................................$ 45.00
Minimum.... .... ...... ..................... ........... ..... .................. ................................ $700.00
All applications for Variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor area of the proposed structure or addition, based upon the
definition of gross #lour area found in Section 2502 of Zoning
Ordinance, as amended..................................................................................$ .10
minimum.-,....-... . ... . ........................ . . .... I .. ........................... S650.00
Application for Variance as a result of a change in approved plans or as a result of
a violation notice shall be charged an additional fee, per Variance:
CS, PR, R-1, R-2 ........................................................I..................................$250.00
All other residential districts.........................................................................$450.00
Allnonresidential districts............................................................................$550.00
Extension of time for Variance.....................................................................$500.00
Public hearing mail notice fees, including cost of handling and
mailingper noti6e.............................................»....................................$ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred
dollars (800.00), except from agencies of the City; such surcharge to be refunded
to the applicant if there is no appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property
x 9. The Variance request is for relief from the provisions of Section 401 (R-1) Reguoilreid of Miami
Zoning Ordinance as follows:
The property is located within the R-4 district however, pursuant to the Zoning
Ordinance, the R-1 district regulations apply to single family homes located within. an
R-4 district. Due to the relocation of an eligible historic home and the desire to renovate
said home, the sideyard variance is required since the property is located on a corner.
The sideyard street requires 15 feet and 6 feet 2.6 inches will be provided.
x I0. In support of the application, the applicant is prepared to offerthe following evidence, on the point
enumerated at Section 1903 of the City of Miami Zoning Ordinance.
Note: This application cannot be accepted for Zoning Board action unless all of the following sic items aro completed.
x (a) Special conditions and ciremnsmnces exist which are peculiar to the land, structure, or building involved
and which arc not applicable to other lands, structures, or buildings in the same zoning district in that: (list
evidence to be produced and use additional sheets, if necessary.)
The petitioner seeks to preserve and renovate an eligible historic home and relocate it to
the subject property, wherein no other lots are available for relocation_
In an effort to preserve and maintain this eligible historic home there is insufficient space
to provide the required sideyard setback on the corner lot.
x
(b) The special conditions and circumstances do not result from the actions of the petitioner in that:
The petitioner seeks to preserve an eligible historic home by relocation and no other lots
are available.
x
(c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district raider the terms of the Zoning Ordinance
and would work unnecessary and undue hardships on the petitioner in that:
The petitioner is working with the State of Florida, City and Dade Heritage Trust to
preserve the eligible historic home, and due to the need to relocate the home, with no
other available lots the sideyard street setback is required.
x (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the
Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that:
The preservation of an eligible historic home provides anoverall benefit to the
community. _
(e) The Variance, if granted, is the minimum Variance that will make possible the
building or structure in that:. e reasonable use of the land,
In order to maintain and preserve the eligible historic home the sideyard setback variance
is required.
X (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordinance,
and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
The benefit of preserving the eligible historic homes will be in harmony
with the neighborhood.
Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board
shall be submitted with this application.
Signature l•Ct.�.t�—, �t
Name Adrienne F. Pardo
Address 1221 Brickell Avenue
Miami,.Florida 33131
Telephone ( 305) 579-0683
�L 6
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of p%L L° lf,
i*�� by Adrienne F . Pardo who is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:--
Notary Public -State of Flori _ = x CANzat Fz
>L
Commission No.: • -j 7. of Ft oxroA
Expires: ` ' "' '`'''"''o. CC; 11348
My Commission
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this day of
i 9 , by of
a corporation, on behalf of the corporation.
He/She is personally known to me or has produced as identification
and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
*,r*�r,►**�*.*f,r**,r****.#*•«,r.f:,►,►#*:.s,r.sa.#,rte*.,►,►w*:.wo*.f:ow,r•*•*..two...tr*rr«s:+►.��•�►�..*w,►.t.
STATE OF FLORIDA
COUNTY OF MIANII-DADS
The foregoing instrument was acknowledged before me this day of
19 , by partner (or agent) on behalf of
a partnership. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
AFFIDAVIT
STATE OF FLORIDA }
)SS
COUNTY OF MIAMI -DADS }
Before me, the undersigned authority, this day personally appeared Adrienne F . Pardo
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required.by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part'thereoi
2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the
accompanying petition. j
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legar descriptions for the real property of which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true
and correct.
Further Affiant sayeth not.
C��, Q
<A
Applicant's Signature
STATE OF FLORIDA Adrienne F. Pardo
COUNTY OF MIAMI -DARE
The foregoing instrument was acknowledged before me this day day of
Zi , by Adrienne F. Pardo who is personally known to me ar-w he ws
and who did (did not) take an oath.
Name: 4 1.( J. .� . -.
O; I : i;JTA . t �
L -L
Notary Publics of Flcii& oL R GONZAI
Commission No.:
My Commission E;pves �"n�'�s�or�
f
�.,. ;r.�r��.�,,� Eyi.r
CONTRACT PURCHASER
OWNER'S LIST
Owner's Name Gatehouse Development Corp.
Mailing Address 600 Brickell Avenue, Miami, Florida. Zip Code 33131.
Telephone Number (305)372-3343'
Legal Description: See attached Exhibit "1".
Owner's Name
Mailing Address Zip Code,
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address
Sao attarhpd Fxhihit 11111 and 11411
Street Address
Street Address
Legal Description
Legal Description
Legal Description
OWNER'S LISW
Owner's Name Rex Properties, Ltd.
Mailing Address 25 S.E. 2nd Avenue, Suite 530, Miami, Florida Zip Code,
Telephone Number
Legal Description:
See attached Exhibit "1"
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
33131
Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address
None
Street Address
Street Address
Legal Description
Legal Description
Legal Description
L_J
DISCLOSURE OF OWNERSHIP
FOR CONTRACT PURCHASER
1. Legal description and street address of subject real property:
See attached Exhibit "1" for legal description and street addresses.
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the
City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the
subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2
requires disclosure of shareholders of corporations, beneficiaries of trust, and/or any other interested parties,
together with their addresses and proportionate interest.
See attached Exhibit "2"
3. Legal description and street address of any real property (a) owned by any party listed in answer to
question #2, and (b) located within 375 feet of the subject real property.
Owner or Attorney
Adrienne F. Pardo
STATE OF FLORIDA
COUNTY OF MIAMI -DADS
The foregoing instrument was acknowledged before me this f4CI— day of March, 2000 by
_Adrienne F. Pardo. who is personally . known to me or who has produced
---~'— as identification and who did (did.not) take an oath.
rs��Cx� .
_
Name:
Notary Public -State of Florida
Commission 1MV.. OFF1CLALNOTARY 5E":,
My Commis ion AxVH!POL R GONZAL Z
NOT RY PUBLIC S'AT£ Orr FLORIDA
COM ISSION NO. CC771348
MYCOM MLMONEXF.SM ;7,2002
fl, uiii'�
0
DISCLOSURE OF OWNERSHIP
1. Legal description and_street address of subject real property:
0
See attached Exhibit "1" for legal description and street addresses.
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the
City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the
subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2
requires disclosure of shareholders of corporations, beneficiaries of trust, and/or any other interested parties,
together with their addresses and proportionate interest.
See attached Exhibit "5"
3. Legal description and street address of any real property (a) owned by any party listed in answer to
question #2, and (b) located within 375 feet of the subject real property.
Owner or Attorngy for Owner
Adrienne F. Pardo
STATE OF FLORIDA
COUNTY OF MIAMI -DARE
The foregoing instrument was acknowledged before me this day of March, 2000 by
_Adb-ume F. Pardo. who is personally known to me or' who has produced
as identification and who did (did not) take an oath.
Name:
Notary Public -Stale off ii kL 111 TA RYSEAL
Commission No.: i MA RY..ZDL R GONZAI�
I •--^ RUC!7; A.TE OF F DRIDA
My Commission 1<xpirwty, FTW W N'O. C`. ;�348
�. 6
Exhibit "1"
Lot 25, Block 90 of "Map of Miami, Dade County, Florida according to the Plat thereof, as recorded in
Plat Book B at Page 41 of the Public Records of Miami -Dade County, Florida.
Property Address: 401 N.W. 3nd Street, Miami, Florida
Ll
Exhibit "2"
11
DISCLOSURE OF OWNERSHIP INFORMATION FOR CONTRACT
PURCHASER
David J. Canepad has a 50% interest in Gatehouse Development Corp.
Marc S. Plonskier has a 50% interest in Gatehouse Development Corp.
MIAMI/PARDOA/1081056/n65c01 !.DOC/3/01/00
60- 4 6
EXHIBIT "Y
Legal Description:
Lots 11 through 20, Block 73-N Less the North 10.00'feet thereof of "Map of Miami -Dade
County, Fla" according to the Plat thereof as recorded in Plat Book "B" at Page 41 of the
Public Records of Miami -Dade County, Florida.
Lot 11 485 N.W. Street
Lot 12 465 N.W. Street
Lot 13 453 N.W. Street
Lot 14 447 N.W. Street
Lot 15 443 N.W. Street
Lot 16 433 & 439 N.W. 0 Street
Lot 17 429 N.W. 0 Street
Lot 18 421 N.W. 4' Street
Lot 19 411 N.W. Street
Lot 20 405 N.W. Street
6° —
3
Exhibit "4"
Lot 3, in Block 90. of North, City of Miami. according to the Plat thereof, reccrded in
Plat Book 8, Page 41. of the Public Records of Dade County. Florida.
Lots 4 and S less the South 5 feet in Block 90 of North, City of Mia:U. according to the
Plat thereof, recorded in Plat Book B, Page 41, of the Public Records of Dade County,
Florida.
Lot 6, of Block 90 Korth of the City of Miami, Florida, except a strip of lane! 30 inches
long running East and West and five feet aide running North and South in the extreme
Southeast corner of said Lot 6, Block 90, North, City of Miami, according to the Plat
thereof, recorded in Plat Back 3 at Page ti of the Public Records of Dade -County, Plorida.
Lot 7, in Block 90, of North City of Miami, according to the Plat thereof, as recorded in
Flat Book 8, Page 41, of the Public Records of Dade Caunty..Flcrida.
a) Lot 3 - 418 NW 4& Street
b) Lot 4 - 428 NW 4d, Street
C) Lot 5 - 435 NW 411 Street
d) Lot b - 4.44 NW a Street
e) Lot 7 - 452 NW 4'` Street
EXHIBIT "5: .�
REX PROPERTY, LTD.
ownership
Interest
- General Partner - Frank I Pepper, A 30%
- No other parties have an interest over 5%
164
LI
Adrienne F. Pardo, Esq.
Greenberg Traurig, P.A.
1221 Brickell Avenue
Miami, Florida 33131
March 7, 2000
RE: Sideyard Variance Application
Property: 401 N.E. 3`d Street, Miami, Florida
Dear Ms. Pardo:
In accordance with this letter, Rex Properties, Ltd. hereby authorities the law firm of Greenberg
Traurig to file a sideyard variance application, on behalf of Gatehouse Development Corp., for the Property.
very truly y�us'.
Rex'Properti s;'L
Frank J. Pepper, Gen al Partner
I
I
IMUEC29 UP -IdUK4b`1144
1ETRH•S %M IN APPLM PM This instrument prepared by,
Itichnail B. Rill, 8egaira
Hailey a Boat, P.A.
coosoleiar centre
Sol Brickall YAy Drive, Brite 300
Kissi, Plorida 33131-2506
• 01.0109-000-1270-1
rasa
ibia'2a s, Nada this 28th day of DOCombQ, 1988, Satwema Joyce P. Bsara,
42=100 Parker, Richard Parker, Thomas Parker, Charles Parker and Lay. Parker,
hls vita,Jo=ce B. Plyar, B.B. Beam Iii, Prank P. Beam, Maureen Towler,
Patricia Am Cho, and Joyce P. Beare and B.B. Beare. Jr., husband and wife, by
rrenk J. Dapper, Jr., duly appointed attorney-in-fact for above asned grantors
=and Prank J. Popper, Jr., on his own behalf, as tenants in cc®oa, OBS
-mrd Bffi PBODERYIBB, LTD., a llorida Limited Partnership, whose post office
.addxesa is 25 S-8. Second Avs, Ingraham Building, Shits 530, Biami, Florida'
"33131, Dade county. Florida, GR&MM,
ttitnommatb, That said grantors, for and in consideration of the sun of TU
:DOWARc AIM 90/100 (SIG -001 Dollars, and other good and valuable considerations
'to said grastar's in hand paid by said grantee, the receipt Whereof is bareby.
acknowledged, has granted, bargained and sold to the said grantee; and gcantee'e
.heirs and -assigns forever, the following described land, ;situate, lying and
being in Dade County, Florida, to wit,
an =RIM 'a, STMCM BRHM AnD AMM A PARS EMM
S0BMOr 104 (1) easements, covenants, conditions, restrictions, and
limitations of sword, if any, but this shall not operate to reimpose sate;
(2) sonibg and other governmental regulations; and (3) taxes for the
current year and subsequent years.
and -aid grantors' do hereby fully warrant the title to said land, and trill
defend the same against the lawful claims of all persons whomsoever.
In Ai`eses MM -40f, Grantors have hereunto set grantorshand and seal the day
And Year first above written.
:,. 'SSSS am TEFLSCTS TBS CORVBPAHCS or THS BOSJECT PBOPMT TO a L77QSBD
PAS BY 218 GWMRS, is B>CBa = POB PABTBSRSBIP Mazzom. No PICBIOa
oommm P enw SAY is OB8 BBQ, an AunmITT or BtQ.E 128 -{-ors -(l0) or mm
�'''.:'.FLdRM AI010lI3VFATIvs COOK AS. TMOm ABB HD„ ign mDrriam1i:_ N AND THS
or SBS OBBBRS IB TBE PAAZMUMSHP . MUM 20mISSCAL TO Tim INMRM26 Oy
'ISE oNBBRS PBICIR To TSB ODBVBYAKM TO TUB PARnMRS11p.'
Signed, sealed and delivered
in our presence, Joyce P. Hearn, Charles Parker,
Richard Parker, Thomas Parker,
Charles Parker and Ley Parker,
hie wife, Joyce H. Plyler,
B.B. Hearn, III, Prank P.Hearn,
Maureen Fowler, Patricia Ana Cho,
Joyce P. Hearn and B.B. Hearn, Jr.,
husband and wi
<< SY. (Seal)
J duly
i)' )AA -[:i. J a inted at •-in-fact
f ve d g antors
• 4-
Frany J. Pep
U
rot ,
Sat
cmw. cw Om
x =my cmmnpy =t ;�=,da:
uelmorledpeQ so and before SO Lbat ha ezeeestad said last for the
bebali•.of the abode eased:Gmwimm.
-mm
at bacomblir,
Z.,
_pJacidw
at Large
1 �1491
Or FLORIDA
sst
lri OP Dan
I 1 Y CRIMM that an this day before,me, an officer duly
pialfied to take acknowledgamts,parsocany appeared Frank J. p pppw, Jr-roe
go -own behalf duly to we kamm to be the pazzon dealmribed in and who eaocated
Who foregoing Inistmame= and ackawledged to And before as that he examted
Yid instrwant for the purpo"m therein eawcoalsed.
NrnWBS Rr RAW AND am this th day of December, 1988•
XMARY Pumax"xwe, S to of PIO
at Large
isema)
R i 3943M28M
I aaactieliaa
(1) an $scum 25. TWAWMV 46 loath. ft"28 na.
Is" tka
.
Haft 1.139.11 'ftft
mt.thuw. ft at1. lass me ftwu
(2) au tea ml
GE t1a am I rim amain as fustJOD ft.
A"'a tart Of Bsfti= IL TIIIOAP 46 ftath,
(3) & P -ML Or UN IS 26
an squams
can-tw at t1w
MUM Unn 29 2wit. aquw -*amp. vlarift,
toikkr4olADO YABt UM.Qgtamit sate saceten
tat to aw
Saab m hilt . mud S_lt�
"Wtb@BAt, or thp I saw sat um fam Xbm
1/4 at the fouthmm 1/4 Ot agid
smmtmrlbm1 ftu0b ftW tM_
tba CC. OR ftnftftt 1/4 or
-WOUL iiW:'sLja 42
1
--Ab�
Ism 2/4 cmwr. Of -M amt to the
11226.45 Owtlm 261 tbwm mWM Not
tmt 4um oba.unt JIM at mud afictim to tw M,
ftn-tlw- at
aid 00 POML7 USM cit w = fast.
(4) fts mft mg of am Soarft gmrbw t 4 at MR I at 6aar4m 26.
20FAMO 46 $Mtb. atop 2a CM, rsjtj_ aMMY, n=la.
(5) AU 3swUm 27, Tmawftp 46 ftW 20 fta, C=Y,
S=ti- 33. T--blp 46 Smth. UM W ftft, MU. M.7.
narldL.
(9) tat U. U=ft WL mm mm. pw ma Dock 8 at elk" 91.
JUCHAM P. BBq.'zy
DJM Caw oar
SKETCH OF BOUNDARY SURVEY
SCALE............................................................................1"=20'
( 25'
e
2e- 5'
INACCESSIBLE b 50.00 R
� NW. atn. ST.
a
0
to
F
0
J
9.0 9_ 0,
Z
Q
10.2' U
I
IN
I
4 3
2
1
90
22 23
24
25
m
(ES\
's NW. 3rd ST.
W h REBY CERTIFY: THAT THIS 'BOUNDARY SU9VEY'
C ETHE
OF THE ABOVE
I F_
C
MINIMUM TECHNICAL STANDARDS ADOPTED BY THE FLORIDA STAT
OR u� JANTO
SECTION 472-027 FLORIDA STATUTES.
LOCATION SKETCH
AO-LUA�:::3
SCALE......................................... N. T. S.
PIE
NOTES
F.B. No.: 237-40
01-04-00
//l\ 9.
MIAMI, F1_ ! : !4
{�
1,:0T VALID UNLESS SEALED WITH AN
EMBOSSED SURVEYOR'S SEAL.
ELEVATIONS ARE BASED ON CITY CF
MIAMI OA'Uu, BM EL 9.56 NW 7 ST. & NW 5 AVE)
FLOOD ZONE "AE" B.F.E. 9. C.P.N.
120650-0187 J (07-19-945
Z
LEGEND
R.L.S. REGISTERED LAND SURVEYCR
16 MONUMENT LINE
S/F.N.dD. SET OR FOUND NAIL k DISC
PC WATER VALVE
S/F.I.P. SET OR FOUND 1/2' IRON PIPE •L UTILITY WOOD POLE
0.0 EXISTING ELEVATION
1
e MANHOLE SANITARY SEWER
1
\ CENTER LINE
--V- SIGN
(R h M) RECORD 6: MEASURE
PALM TREE
F.I.P.i s•N•h 50.00' `R&M S.I.R. I
7.4' Concrele sided I I
p 0.50' Cub p4 I
4v
N I 04
CITY OF MIAMI ,
MONOYENI S.5 UH.
36' Pa.emml 50' R/W. - - NIM ELEV.- 9.45'
NW. 3rd Street
LEGAL DESCRIPTION
LOT 25 BLOCK 90 OF 'MAP OF MIAMI, DADE COUNTY, FLORIDA
ACCORDING TO THE PLAT THEREOF, AS RECCRDED IN PLAT BOOK B AT PAGE 41 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY. FLORIDA
CERTIFY TO
(ES\
W h REBY CERTIFY: THAT THIS 'BOUNDARY SU9VEY'
C ETHE
OF THE ABOVE
OMP E .+ "':
MINIMUM TECHNICAL STANDARDS ADOPTED BY THE FLORIDA STAT
OR u� JANTO
SECTION 472-027 FLORIDA STATUTES.
AO-LUA�:::3
Joe Nc: Do -o19
PIE
OF fLCrDATE:
F.B. No.: 237-40
01-04-00
//l\ 9.
MIAMI, F1_ ! : !4
POR FAX 226- ,J3
._ sx.v Ix) ifa
1 J 1
• 1 1
1
1
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_ I
swr rN _�
NW. 3rd Street
site plan 1"=20'-0"
-r,E
MV. �Ih ST.
90 ¢ e
r
11 Nw. 3rd 31.
II —
LOCATION SKETCH
' L(GAL INSCRIPTION
p��wa� N��O�q� .xlyW AgU(I�. O Nr 11 O M Il�q
F.y9 RO1tM xVL4 VA Irlr4ln lle-i►N sR. s..O
SI TF nFVFI nPUFk1T IIATA
LEGEND
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landscape plan 1"=20'-0"
TREE REQUIREMENTS
ISQPJ&= 11.
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NEW PLANT SCHEDULE
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landscape plan 1"=20'-0"
TREE REQUIREMENTS
ISQPJ&= 11.
n 1l Rlf n. I"
ow ws mf
NEW PLANT SCHEDULE
m Alrrr .r IO.m .r1[ wM' en >m pl.vml
No 'mms aa.r va ar In
1 Ir. r-
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. . •: NUIYMI .IYIC.'71D
Y6q TII101. n_�
door plcn i/8"=1'-0" -11---7
.t:�'' variance application 1 OF t
y !EWA,-
l r NM. 3rd Strea•t
site plan 1"=20'-0"
Irv. �1h ST.
r �-
gtRl
\-1.1.
SiloI
pp
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nrt
II
LOCATION SKETCH
P
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eine
* �'
a n
1
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l r NM. 3rd Strea•t
site plan 1"=20'-0"
SITE DEVELOPMENT DATA
Irv. �1h ST.
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Laid variance application I OF I
•
MIAMI ZONING BOARD
Miami City Hall
3500 Pan American Drive
Miami, Florida,
Monday, April 17, 2000
7:00 p.m.
Submitted into the public
Peco in connec_t'gn with
item ®( on���
Walter Foeman
a ... City Clerk
ESQUIRE DEPOSITION S
(305) 651-0706 (954) 989-2423
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ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
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Wbmitted into the public
recon o connectio wit
item 1 on Sas 06
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
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Submitted into the public
recor n connection with
item on 3/�_�-
Waiter Foeman
City Clerk
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THE CLERK: And Mr. Barket?
CHAIRMAN BARKET: Yes.
THE CLERK: Motion passes unanimously.
CHAIRMAN BARKET: I would like to.note
Item Number 10 is at 401 Northwest 3rd Street.
Is there anyone here on behalf' of this matter
that's in favor of .it, other than what Mr. Fine
has said? Please raise your hands.
Is there any, objectors to Item Number
10? Peter Sobel. Okay.
Would you please -- Where's thee-- Do
you want to handle this?
MS. EATON: Yes.
CHAIRMAN BARKET: Thank -you.
MS. EATON: Mr. Chairman --
CHAIRMAN BARKET: Give us your name.
MS. EATON: Mr. Chairman,.I'm Sarah
Eaton, preservation officer of the City of
Miami.
The application before you is a request
for variance for a side setback where 15 feet
is proposed and 6 feet 2.6 inches is proposed.
15 feet is required, excuse me.
The subject property is located within
the limits of our historic district which has
ESQUIRE DEPOSITION SERVICES
(305) 651-07.06 (954) 989-2423
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Submitted into the public
recon in connection with
item c on
Walter Foeman
. City Clerk
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been determined eligible for listing in the
International Register of Historic Places by
the National Park Service.
As the board may recall, last month you
reviewed an application for variance on the
property of one block away on 4th Street. The
circumstances of that variance correlate
directly to this particular variance.
Because of certain historic -- federal
historic preservation.requirements, the
applicant has been required to go through what
is called a Section 106 historic preservation
review.process. This is the federal
government, federal preservation review.
And this was required because the city
is proposing to give the applicant federal
funds, community development, other federally
funded money.
Because of that, he was required to go
through a lengthy process to assess the impacts
of the proposed project on historic buildings.
The applicant redesigned the project
many times in order to preserve as many of the
historic buildings as possible. And One of the
things that he was required to do was relocate
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
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Submitted into the public
recordin connection with
Item t�2-- on
Walter Foeman
City Clerk
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any of the historic buildings affected by the
project within the historic district.
The subject application involves one of
thos.e historic buildings presently located
about half a block away on Northwest 4th
Street. It is proposed that this building be
relocated to 401 Northwest 4th Street, the
corner property within the historic district.
This was the only lot within the
historic district that the applicant was able
to find on which to place this historic
building.
The width of the subject property,
however, is too narrow to accommodate the
existing building without affecting that
variance. Because the property is located on a
corner, the variance would be f'or the side
setback so the house will be closer to the
street than would ordinarily be required.. The
setback to the -adjacent property would be as
required by the ordinance.
If the variance is not granted, then the
applicant would be forced to demolish a portion
of the historic building, thereby destroying
its historic character, which would defeat the
ESQUIRE DEPOSITION SERVICES -
13051 651-0706 19541 989-2423
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yY 1 whole purpose of relocating the building within
2 the district.
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The federal historic preservation review
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requirement are unique to this particular
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property. This is. not a condition that is
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found very often by other property owners.
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And, therefore, it is a special condition and,
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therefore, it does constitute a hardship.
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A literal interpretation of the
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provisions of the zoning ordinance, we feel
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would deprive the Applicant.of.the right that
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would be enjoyed by the rest of the property
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within this same.zoning district.
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The proposed variance is consistent with
15
the harmonyand character of the neighborhood.
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Most of the properties within the ordinance
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were built in the 19 teens and twenties and do
.18
not comply with the current setback
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requirements of the zoning ordinance.
20
Based on these findings, the planning
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and zoning department does recommend approval.
22
of the proposed requested side yard variance
23
with two conditions: One that the proposed two
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parking spaces be relocated to the rear yard
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and not be placed in front of the house and
Submitted into the public
ESQUIRE DEPOSITION SERVICES
recon on connecti n with
(305) 651-0706 (954) 989-2423
item2- t
on
Walter Foeman
City Clerk
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Submitted into the public ESQUIRE DEPOSITION SERVICES
recon!,!B'COnneqy
� �ith (305) 651-0706 (954) 989-2423
item JC on
Waiter Foeman
City Cleric
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that the proposal of new oak. trees be at least
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18 feet in height. Thank -you.
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MS. BASILA: Is there any problem with
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the oak trees?
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MS. EATON: They were just smaller than
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we would like them to be.
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CHAIRMAN BARKET: Sarah, to get into the
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parking spaces at the rear of the property, is
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that going to create a hazardous condition on
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4th Avenue?
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MS. EATON: No. As far as I know, 4th
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Avenue.is much less travelled than 3rd Street
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in that that is a side street and would be
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certainly no more hazardous than the -- you
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know, where it's proposed.
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CHAIRMAN BARKET: So, actually, they're
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moving it from 428 Northwest 4th Street to 401
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Northwest 3rd Street?
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MS. EATON: That's correct.
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CHAIRMAN BARKET: And the lots are the
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same size, except that being this is on the
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corner, it requires more of a setback?.
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MS. EATON: I believe the applicant
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might be able to address that, but as far as I
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know the lots are the same size.
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Submitted into the public ESQUIRE DEPOSITION SERVICES
recon!,!B'COnneqy
� �ith (305) 651-0706 (954) 989-2423
item JC on
Waiter Foeman
City Cleric
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CHAIRMAN BARKET: All right. Thank-you.
2
Planning? I mean, excuse me, Public.Works?
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MR. ESTEVEZ: Good evening . For the
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record, my name is Ely*Estevez from the.
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Department of Public Works, and we have no
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further comment at this time.
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CHAIRMAN BARKET: The other lady.
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MS. McPHEE: Good evening, Mr. Chairman.
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My name is Joyce McPhee. I an with the
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Department of Planing.. At this time Planning
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has no additional comments.
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CHAIRMAN BARKET: All right.
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MS. DOUGHERTY: Good evening, Mr.
14
Chairman, members of the board. My name is
15
Lucia Dougherty with offices at 21 Brickel.
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Avenue, here today on behalf of the owner and
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the applicant. With me is Mike Specto, who is
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the public manager for the applicant.
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Essentially, this is an implementation
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of an agreement between the City of Miami, Dade
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Heritage Trusts, the State of Florida, and the
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developer. And the agreement, actually, is in
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your package and I put a yellow stickem there.
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And it also requires the -- At the yellow
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stickem, the Miami River Park Department shown
submitted into the public
record in
conneCtiO with
ESQUIRE DEPOSITION SERVICES
�� ��� ha
(305) 651-0706 (954) 989-2423
item _--
on
Walter Foeman
a
City Clerkzi
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1 at 428 Northwest 4th Street is where property
2 would be located within the Lewis Park Historic
3 District and secured again by an authorized
4 person, .the property being sold or donated to
5 an appropriate party.
6 So that's one of our requirements from
7. the city and from the State of Florida in
8 connection with the implementation of this
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Submitted into the public
recon in connection with
item 2 I on A4�2h2L
Walter Foernan
City Clerk
agreement.
It's located on -- The property's
located on 4th Street right here. This is the
existing project that we'designed. This.one
corresponds.-- This is the elevation in the
site plan. It corresponds to the project being
developed here on this site below in that the
complete redesign of what was there and it has
two existing houses on it, and one that's going
to be rebuilt later to this site. So. this is a
complete redesign of what we had proposed
before to meet.the city's aesthetic and also
the State of Florida's and Dade Heritage
Trust's aesthetic concerns for the project.
This one corresponds to the.larger
project located here. And you can see that the
parking garage located here is flanked by
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
24 This is an aerial photograph and you may
25 notice that this is the existing Camillas
98ubmitted into the. public
record in connection�with ESQUIRE DEPOSITION SERVICES
item I on /u� (3051 651-0706, (954) 989-2423
Walter Foeman I � � � 0
City Clerk
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townhomes, which is something Y that the were.
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concerned about, we now have balconies. It's a
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much more superior building than we had before.
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In your package you have a copy of the
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building that's being relocated here. You have
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a copy of a house that is immediately to the
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west and immediately to the east of the
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property and immediately to the north.
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So our building or the location of our
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house is going to be.surrounded by three other
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single-family houses, to.the east, to the west,
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and to the north.
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And across the street is Lewis Park. So
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to say that we would be incompatible as a
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single-family house inthis lot would be not a
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truism because there are three single-family
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homes immediately adjacent to all of them:
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MR. MORAN: Lucia, but there. is not a
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street on the side?
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MS. DOUGHERTY: Yes. There is a street,
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but there's a house immediately across -the
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street. There's a house here. And there's a
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house here.
24 This is an aerial photograph and you may
25 notice that this is the existing Camillas
98ubmitted into the. public
record in connection�with ESQUIRE DEPOSITION SERVICES
item I on /u� (3051 651-0706, (954) 989-2423
Walter Foeman I � � � 0
City Clerk
i
Submitted into the public
-ecord in connectio wi h
;earn on .�-
Walter Foeman
Citgo Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706• (954) 989-2423
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House. Immediately next to our property
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Camillas House is also building forty units,
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residential units. So it is compatible with
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our.project, as well.
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Because the district was eligible to be
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on the'National Register subject to -- It was
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subject to this 106 review. And the 106 review
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requires us to go to the state and to the city
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for historic preservation review because the
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compatibility of our property or our project on
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the historic property.
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After that review and after this
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agreement, Dade Heritage Trust, the City of
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Miami, and the State of Florida, are sincerely
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supporting.this project. They find it to be a
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model for all projects of affordable housing
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and they're going to.hold it up as one that you
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can work with developers and come up with a
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successful project and still have the aesthetic
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concerns reviewed and answered.
21
With respect to the actual,request,
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we're requesting a little over eight feet
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variance. That's all we're asking for.
24
On the side yard, because it's facing a
25
street, it's requiring fifteen feet and we're
Submitted into the public
-ecord in connectio wi h
;earn on .�-
Walter Foeman
Citgo Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706• (954) 989-2423
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providing six -and -a -half feet. However, you
have to realize that all of the other houses
have the same, the same setback, because they
were built at the same time and were on the
same lot, as you had asked.
We didn't change the building.. The
building is exactly the same size. We just
moved it from one lot of the same size to
another.
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Submitted into the; public
i co r¢connection ol&tta
item I✓
Walter Foeman
City Clerk
And we think that this does not -- This
is a minor request because in the.front yard,
like twenty feet is required, we're providing
twenty-five. On.the rear yard, twenty feet is
required, we're providing seventy-six feet.
Lot coverage, you're only allowed to
have lot coverage of 5,250 feet. We're only
providing 1,500 feet. So the lot is, you know,
less than half of what it would be,.less than
twenty percent.
The green space must be at least 1,963
square feet. And we're providing 5,672 square
feet. The height can only be twenty-five feet,
,and we're providing only twelve.
So We believe that this is a minor
request that meets all the hardship
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
�� 4
0-80mitted into the public
record,,m connect! n vit�h� ESQUIRE DEPOSITION SERVICES
item on �5S,/C,1, .(305) 651-0706 (954) 989-2423
Walter Foeman 4
City Clerk ► % '`-.�
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re uirements that the cit imposes and that
q Y P
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it's compatible with the surrounding properties
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because they are single family and we believe
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that it serves the best interest of the city
5
and we would urge your favorable support and we
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would also ask that we'could have rebuttal
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after Mr. Sobel speaks.
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CHAIRMAN BARKET: Okay.
9
MR. MORAN: Lucia, one question:. I am
10
repeating what you said. The house that is
11
immediately from the back of where you are
12
planning to move this house; the wall of the
13
house that you're planning to move will.
14
coincide directly to the wall of the house.in
15
back? In other words, the setback will be the
16
same?
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MR. SOBEL: Excuse me. Would.you turn
18
up the mike a little?
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MS. DOUGHERTY: I don't know that the
20
setback is immediately behind -- I just don't
21
know about the setback. But if you have a copy
22'
of the building, which is --
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MR. MORAN: No, you see this copy, there
24
is not much I can see on this copy.
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MS. DOUGHERTY: Oh; I provided it in
0-80mitted into the public
record,,m connect! n vit�h� ESQUIRE DEPOSITION SERVICES
item on �5S,/C,1, .(305) 651-0706 (954) 989-2423
Walter Foeman 4
City Clerk ► % '`-.�
•
01)
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this packet.
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MR. MORAN: Okay.
3
MS. DOUGHERTY: These buildings that are
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immediately adjacent. The photograph is in
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your second section.
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MS. BASILA: You're going to build low
7
income housing units?
8
MS. DOUGHERTY: Say it again.
9
MS. BASILA: You're going to build low
10
income housing units?.
11
MS. DOUGHERTY: Yes, affordable housing.
12
MR. WILLIAMS: I'd like you to.show me
13
the location of the parking in the rear.
14
MS. DOUGHERTY: Parking in'the rear?
15
MR. WILLIAMS: Yeah.
16
MS. DOUGHERTY: This is a copy of the
17
building placed on the lot. That's where.you
18
can see that there's a larger setback in the
19
rear. Here is the setback that we're varying
20
by eight feet. It would normally be required
21
to be fifteen feet because it's facing a
22
street. However, I must tell you that all
23
other setbacks are only five feet if it's not
24
facing a street, and we provide five feet.
25
Anyway, these two parking .spaces that
Submitted into the public
recor cono�ec� with
item
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954),989-2423
�6 - .64
10,
•
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are supposed to be located in the front yard
2
will be located in the rear.
3
CHAIRMAN BARKET: He has a question.
4
MR. WRQUIOLA: How many apartments are
5
going to be there?
6
MS. DOUGHERTY: 211, total.
7
MR. WRQUIOLA: Do you have enough
8
parking lot for these people?
9
MS. DOUGHERTY: Yes.
10
MR. WRQUIOLA: You're sure?
11
MS. DOUGHERTY: Yes.
12
MR. WRQUIOLA: Do you have any report of
13
the traffic condition about the problem all the
14
units can bring to the community back and
15
forth?
16
MS. DOUGHERTY: We have not provided a
17
traffic study, but remember that project is not
18
before you today. It's only the house that's
19
before you, the variance for the house.
20
MR. WRQUIOLA: Thank -you.
21
CHAIRMAN BARKET: Lucia, what bothers.me
22
is moving this house and whatever's going to
23
take place. If you remember Dr. Chapman's home
24
by Booker T. Washington, that's a historical
25
site. And it was left unoccupied and it was
0.)
Submitted into the public
recon in connection Lith
item - on 2�
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 652-0706 (954) 989-2423
l
Submitted into the public
recon nconnec� wi h
item — on
Walter Foernan
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954),989-2423
0 4. 4
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vandalized and the city spent more money
2
restoring that house that they could have built
3
the Fountainbleau Hotel. Is this going to
4
happen here?
5
MS. DOUGHERTY.: No, because it won't be
6
up to the city to be doing it. We have to do
7
it. And you can impose that as a condition.
8
CHAIRMAN BARKET: Thank -you. Is there
9
anyone else going to speak on behalf of this
10
matter?
11
All right, Mr. Peter Sobel, do you have
12
objections?
13
MR. SOBEL: Yes, I do.
14
CHAIRMAN BARKET: Please make it short
15
and sweet.
16
MR. SOBEL: Has anybody got the motion
17
that I asked to be distributed to the board
18
members?
19
MS. BASILA: Yes.
20
.MR. SOBEL: You all have one?
21
MS. BASILA: Yes.
22
MR. SOBEL: Okay. I just want to
23
summarize it. I'm not going to read it,
24
because you all, I presume, you will read it
25
before you make the decision.
l
Submitted into the public
recon nconnec� wi h
item — on
Walter Foernan
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954),989-2423
0 4. 4
L
Submitted into the public ESQUIRE -DEPOSITION SERVICES
repo in connection with (305) 651-0706 (954)-989-2423
d"
itefil�' on✓
Walter Foeman �
City Clerk
18
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But the last paragraph in which I state
2
there the application does not disclose the
3
necessary facts to allow this Zoning Board to
4.
make an informed decision upon the merits of.
5
the application.
6
This is an integral part. It's not just
7
moving a house around the corner onto a vacant
8
lot. It's also -- It concerns gate houses
9
building of a fourteen -story building on the
10
north side of 4th Street.
11
There's three houses on the south side
12
of 4th Street. They are trying to move one of
13
those houses onto a corner on 3rd Street. 3rd
14
Street does not have any single-family homes on
15
that block. The corner is vacant. The one
16
next.to the corner is a multi -unit apartment
17
building. I'm a multi -unit apartment building.
18
So this particular single-family house
19
does not belong on the 3rd Street site because
20
it's totally incompatible with the buildings
21
that are already there and existing.
22
What they've created i.s a hardship on
23
themselves by building a fourteen -story
24
building., 'a parking garage, and then having to
25
move a house from that site across the street
L
Submitted into the public ESQUIRE -DEPOSITION SERVICES
repo in connection with (305) 651-0706 (954)-989-2423
d"
itefil�' on✓
Walter Foeman �
City Clerk
•
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being
19
-them -for
this
highrise
from the
25
City
of Miami.
1
to the place where this 428 is going to be --
it really
2
is sitting now. So they're going to take 428,
3
move it onto 3rd Street so they have a site to
4
move a house off of the property that a
5
fourteen -story building is going to be built,
6
and put it in the place where the 421 now is.
7
And they've created this hardship by
8
putting a fourteen -story building with a ten -
9
story parking garage on the north side of 4th
10
Street. And we have -- There is no real need
11
for this small house to be put on my side of
12
the street, just one block,from where I am.
13
And there's nothing to say that this
14
house is eligible. They're claiming it's
15
eligible, but there's thousands of homes that
16
are just as eligible all over the city, plain
17
shacks and plain buildings like this. This is
18
nothing -- There's nothing unique about this
19
building. It's mainly just to appease the Dade
20
Heritage Trust and for them to get federal
21
funds, for them to get tax credit, for them to
22
get all the benefits from the City of Miami.
23
I understand three million dollars is
24
being
given to
-them -for
this
highrise
from the
25
City
of Miami.
In 'a
sense,
it really
-- I
Submitted into the public
recor on connecti n wi h
item on
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
Submitted into the public
recoTI-fonnection wjthItem on .� � �o
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
20
1
think the board is almost disqualified from
2
hearing this case because if the city is so
3
integrated,. involved, and actually is a partner
4
and vested in.this project, you -- it behooves
5
you to, you know, to be in their favor, but
6
it's not for the benefit of this area.
7
When it comes to historical properties
8
and historical areas, there's a lot of problems
9
with the vagueness of the ordinances and the
10
statutes regarding those. And it's been before
11
the Supreme Court, back and forth, all of the
12
vagueness of what is historical and what's
13
historically significant.
14
There's nothing in this application that
15
informs you about this house or any of this
16
area as to what's historical and what isn't.
17.
There's not even a study made in the area of
18
what's available as far as this street and
19
whether any of these houses have historical
20
redeeming value for the purpose of preserving
21
them.
22
You don't preserve something just
23
because it was built in 1930. That's not it.
24
There's thousands of homes built in 1930 and
25
1920. They're all over the city.
Submitted into the public
recoTI-fonnection wjthItem on .� � �o
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
Submitted into tne p
llb'Ht
record in connectionWith a�/�
ESQUIRE DEPOSITION SERVICES
item on
Walter FOeman (305) 651-0706 (954) 989-2423
City Clerk .
21
1
CHAIRMAN BARKET: Peter, wait a minute.
2
MR. SOBEL: I'll cut it short.
3
CHAIRMAN BARKET: All I'm interested in
4
hearing from you, sir, is the required street
5
side yard setback, not about the historical
6
site, not about the money, or anything like
7
that:
8
What is your objection to moving this
9
house from where it is to 301 Northwest 3rd --
10
401, whatever, 3rd Street?
11
MR. SOBEL: It doesn't belong and it
12
doesn't belong on the lot. And my motion is
13
very clear as to all my objections for the
14
record and I hope that's part of the record.
15
And I'll do -- And I do believe there's no real
16
facts before this board to justify you granting
17
this, other than pressure that was put upon you
18
by saying the City of Miami has agreed and it's
19
all cut and dried. I don't think it's cut and
20
dried. I think it's a very serious issue, more
2.1
than just the setback situation.
22
CHAIRMAN BARKET: Thank -you, Peter. All
23
right. You heard his argument. Lucia, do you
24
want to rebut or you going to let Sarah Eaton
25
do the.rebuttal?
Submitted into tne p
llb'Ht
record in connectionWith a�/�
ESQUIRE DEPOSITION SERVICES
item on
Walter FOeman (305) 651-0706 (954) 989-2423
City Clerk .
•
22
1
MS. DOUGHERTY: I think Sarah should do
2
the historic preservation.issue.
3
CHAIRMAN BARKET: All right. Sarah, all
4.
I'm :really interested -- I realize the
5
historical situation, but the argument that he
6
is really setting back and forth is this
7
property, the house is just too big for this
8
lot. And that's what his main objection is.
9
MS. EATON: The setbacks that are
10
proposed for this particular project are the
11
same as the setbacks of other buildings.within
12
the historic.district.
13
The houses within the district are as
14
wide as this one. This would be consistent'
15
with the existing character of the Lewis Park
16
Historic District which was built in the 19
17
teens and twenties, as really -- There are a
18
lot of single-family houses and apartment
19
buildings. And that continues today., And the
.20
setbacks are very consistent with those.
21
CHAIRMAN BARKET: 413 Northwest 3rd
22
Street. I got a picture of it here. Is that a
23
one -family house in the front and there's a
24
house in the rear?
25
MS. EATON: I don't have that one in
ubmitted into ttie p ubiiC
repol;� in conneCtiOn W tlh
ESQUIRE DEPOSITION SERVICES
t'--�.=
on
(305) 651-0706 (954) 989-2423
item
Walter Foema n
City Clerk
i
1
2
3
4
5
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9
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front of me.
CHAIRMAN BARKET: Lucia, do you have it,
413 Northwest 3rd Street.
MS. DOUGHERTY: We think it's a garage
apartment or a storage shed behind that.
That's the one. that's immediate adjacent to --
CHAIRMAN BARKET: That's right next to
it?
MS. DOUGHERTY: Correct: That's to the
west of our property, the one that we're going
to move..
CHAIRMAN BARKET: Right. Is that a one-
story house there or one -family house?
MS. DOUGHERTY: It's two-story, one
single-family house, best we can tell from the
outside.
CHAIRMAN BARKET: I'm sorry, Sarah, go
ahead.
MS. EATON: As far as the historic
preservation, if this historic district had not
been determined eligible as a historic district
by the National Register of Historic Places,
this item would not be before you today. The
Section 106 requirements only come into play
once the National Park Service determines that
Submitted into the public
record -Jin connection with
Item on
Walter Foeman
City Clea
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954)`989-2423
V V 4k b .!L
16 guess because of that smaller three-story
17 building that this building needs to be
18 relocated.
19 CHAIRMAN BARKET.: Thank -you.
20 MS. DOUGHERTY: I agree with Sarah. I
21 mean, if we didn't have a 106, we wouldn't be
22 here and neither would we be spending .two -and-
23 a -half million dollars more than we would have
24 otherwise have been spending.
25 CHAIRMAN BARKET: And if you two weren't
Submitted into the public
reCor in connecti n with ESQUIRE DEPOSITION SERVICES
item�., , On (305) 651-07,06 (954) 989-2423
Walter Foeman
City Clerk
24
` 1
a property or a neighborhood is eligible for
2
the National Register of Historic Places.
3
And this is an extremely important
4
historic. district. Most of the houses and
5
buildings were constructed during the teens,
6
the 1920's. This particular house is built in
7
.1914. And it really is the only intact
8
historic district of this era, residential
9
historic district, in the City of Miami.
10
I'd also like to point out that the
11
construction of the fourteen -story apartment
12
building has nothing whatsoever to do with the
13
relocation of this building.,
14
This building sits where the proposed
15
three-story building will be going. And I
16 guess because of that smaller three-story
17 building that this building needs to be
18 relocated.
19 CHAIRMAN BARKET.: Thank -you.
20 MS. DOUGHERTY: I agree with Sarah. I
21 mean, if we didn't have a 106, we wouldn't be
22 here and neither would we be spending .two -and-
23 a -half million dollars more than we would have
24 otherwise have been spending.
25 CHAIRMAN BARKET: And if you two weren't
Submitted into the public
reCor in connecti n with ESQUIRE DEPOSITION SERVICES
item�., , On (305) 651-07,06 (954) 989-2423
Walter Foeman
City Clerk
•
Submitted into the public
recondjn connecti n with
item' ► oni°
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651=0706 (954).989-2423
25
1
here, we might not have been here.. Is that the
2
presentation of the two of you?
3
MS. DOUGHERTY: Yes, sir.
4
CHAIRMAN BARKET: All right'. I'l'l
5
let -- Anybody else want to say anything?
6
MR. MORAN: I want to ask a.question. I
7
havea photograph here that was presented to
8
us.. Again,. I go to -Page 15,. I believe is where
9
Mr. Sobel building is here right next to a
10
larger structure on the left which is four
.11
stories high.
12
MS. DOUGHERTY: No, that one's his
13
building.
14
MR. MORAN: Huh?
15
MS. DOUGHERTY: That's Mr. Sobel's.
16
building.
1.7
MR. MORAN: Yeah, the one with the three
18
stories.
19
MS. DOUGHERTY: Mm-hmm.
.
20
MR. MORAN: Okay. Now, my question is
21
this: How far is that 421 building from the
22
maroon building next to it?
23
MS. DOUGHERTY: How far away is it?
24
Good question. It doesn't look like it's more
25
than ten feet; therefore, it would be five feet
Submitted into the public
recondjn connecti n with
item' ► oni°
Walter Foeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651=0706 (954).989-2423
1
2
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•
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on each side.
MR. MORAN: Are you saying that that
building is five feet from a neighbor, a
property line? That's about a 10 foot?
MS. DOUGHERTY: Right.
MR. MORAN: Are you asking that your
building will have six -and -a -half foot to the
open street?
MS. DOUGHERTY: Correct.
MR. MORAN: Oh. Thank -you.
CHAIRMAN BARKET: Peter, I want to ask
you a question. Please go to the mike. Yours
is 421 Northwest 3rd Street?
MR. SOBEL: Yes,.sir.
CHAIRMAN BARKET: All right. The house
at 413 Northwest 3rd Street which is directly
next to you?
MR. SOBEL: Yes, sir.
CHAIRMAN BARKET: What is in the back of
that property at 413 Northwest 3rd Street? Is
that a little apartment it the back?
MR. SOBEL: It's a little apartment in
the back, yes.
CHAIRMAN BARKET: And that --
MR. SOBEL: It's also an apartment --
Submitted Into the public
tecor "+ in connection with
Item �.�� ona �✓vu
Walter l=oeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-07.06 (954) 989.-2423
�� ,6
27
' 1 There's apartments inside that building, too,
2 in the front.
3 CHAIRMAN BARKET: In the front
4 apartment?
5
MR. SOBEL: It's a complex with many
6
apartments..
7
CHAIRMAN BARKET: What do you call many?
8
MR. SOBEL: I guess about ten --
9
CHAIRMAN BARKET: Ten?
10
MR. SOBEL: --.counting the rear and the
11
main building..
12
CHAIRMAN BARKET: Thank -you. All right.
13
I'm going to close it to the public.
14
MS. HERNANDEZ: Excuse me. Do you
15
reside there?
16
MR. SOBEL: Yes, it's my homestead.
17
MS. HERNANDEZ: You live there?
18
MR. SOBEL: At times, that's correct.
19
MS. HERNANDEZ: Do you reside:-- Is that
20
your.home? Do you live there?
21
MR. SOBEL: That's right.
22
MS. HERNANDEZ: Okay. Mr. Chairman, I'd
23
like to know if any of the neighbors who live
24
in the area have any objection to this item.
25
CHAIRMAN BARKET: There's no one here.
Submitted into the public
recti in Connection with ESQUIRE DEPOSITION SERVICES
item (— on (305) 651-0706 1954)-'989-2423
!Walter Foeman
City Clerk �-
28
1
We saw no hands.
2
MS.. HERNANDEZ: I don't mean hands. I
3
mean notifications to the department.
4
THE CLERK: We received one in favor and.
5
one objection, which is this one.
6
CHAIRMAN BARKET: How many in favor?
7
THE CLERK: One.
8
CHAIRMAN BARKET: All right. One in
9
favor and one objection by Mr. Sobel.
10
Okay, I'm closing it to the public,
11
opening it up to.the board members for
12
discussions or motions.
13
MR. WRQUIOLA: I want to ask the Zoning
14
Department, you put over here you approve it
15
with conditions. What kind of conditions do
16
you want to put there?
17
MS. EATON: There were two conditions
18
that we recommended. One was that the parking
19
spaces now proposed for the front be located in
20
the rear. The second is that the size of the
21
oak trees be increased to fifteen feet.
22
MR. WRQUIOLA: Okay. Thank -you.
23
MS. HERNANDEZ: Mr. Chairman, I'm ready
24
to make a motion."
25
CHAIRMAN BARKET: Would you make a note
Submitted
into the public
an
connection with ESQUIRE DEPOSiTION SERVICES
reCOr
(305) 651-0706 (954) 989-2423
on
Walter Foeman
City Clerk
[
29
1
that Ilema is here and Osvaldo is here. I
2
think when we called originally they .were
3
absent. Those two --
4
MS. HERNANDEZ: You make a note and I'll
5
make a motion.
6
CHAIRMAN BARKET: Go ahead and make your
7
motion..
8
MS. HERNANDEZ: I'm waiting to get my
9
papers to make a motion so that I can have the
10
wording.
11
CHAIRMAN BARKET: You don't have it.
12
MR. MORAN: You know'it by heart.
13
MS. HERNANDEZ: I don't know anything by
14
heart. I move that the request on Agenda Item
15.
Number 10 be granted for a period of twelve
16
months in which a building permit must be
17
obtained, pursuant to Section 1305 and -public
18
hearing as stated in the city findings and are
19
subject to the condition. Okay.
20
THE CLERK: Section 1903.
21
MR. MORAN: I second it.
22
MS. HERNANDEZ: Okay, I'm sorry. I
23
stand corrected. And subject to conditions,
24
yes.
25
CHAIRMAN BARKET: All right._ There is a
Submitted
into, the public
Te an
Connection with ESQUIRE DEPOSITION SERVICES
fin�c`����° (305) 651-0706 (954) -989-2423
Walter Foeman �.L
City Clerk,
D
1
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9
10
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12.
13
14
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30
motion by Ilema. It's second by Osvaldo.
Please call the roll.
THE.CLERK: Ms. Hernandez?
MS. HERNANDEZ: Yes.
THE CLERK: Mr. Moran?
MR. MORAN: Yes.
THE CLERK: Ms. Basila?
MS. BASILA: Yes.
THE CLERK: Mr. Pellon?
MR. PELLON: Yes.
THE CLERK: Mr. De La Guardia?
MR. DE LA GUARDIA: Yes.
THE CLERK:. Mr. Pina?
MR. PINA: Yes.
THE CLERK: Mr. Wrquiola?
MR. WRQUIOLA: Yes.
THE CLERK: Mr. Williams?
MR. WILLIAMS: Yes.
THE CLERK: And Mr. Barket?
CHAIRMAN BARKET: Yes.
THE CLERK: The motion is passed
unanimously. The decision is final.. You have
to appeal within fifteen days.
MS. DOUGHERTY: Thank -you very"much.
25 CHAIRMAN BARKET: All right. Please
a�
�Sobrmitted Into the public
reca,r.�i_in connection with
ttern I on �5_4�LP
Walter i=oeman
City Clerk
ESQUIRE DEPOSITION SERVICES
(305) 651-0706 (954) 989-2423
4, 4.
0)
Submitted into the public
in CpnneCtio
with ESQUIRE DEPOSITION SERVICES
record- on - (`305) 651-0706 (954) 989-2423 ��
hem Walter Foe�nan � �
City Clerk
LIST OF EXHIBITS FOR PETER B. SOBEL
APPELLANT IN CASE NO. 2000-0328
Florida Local Government Development Agreement Act
F.S. 163.3220-163.3243
Memorandum of Agreement among Miami River Park
Associates, LTD., Florida State Historic Preservation
Officer and City of Miami regarding the Miami River Park
Apartments.
Arial Photograph and Map of Area
Architects Drawings of Proposed Building of Miami River
Park Apartments
South Florida Building Code (revised 1994)
The following parts are attached:
a) Section 302.6 - Moving of Buildings and Structures
b) Chapter 22 - Type V Buildings (wood frame)
c) Part V - Types Construction, Chapter 17 -
Classification by Types of Construction
d) Part IV - Requirements Based on Location in Fire
Zones, Chapter 16 - Fire Zones
City of Miami Zoning Article II - Non -Conformities
Miami Code Article VII - Historic and Environmental
Preservation Board, Section 62-186, 62-191
City of Miami Zoning Article, HP Historic Preservation
Overlay Districts
Miami Code, Chapter 23 - Historic Preservation, Section
23-1-23-6
Motion to Deny Application of Gatehouse Development
Corporation Requesting Variance
Submitted the public
in
Transcript, Miami Zoning Board, April 17, 2000 reco in connection w"
item
on
-.
- Walter Foeman
py ` a City cleric
Cl
Submitted . into the public
recon in c oone� n fico
item n
Walter Foema
City Clerk
i'; ns.�;4
f
163.3220 Short title; legistative Intent --
(1) Sections 163.3220.163.3243 may be cited as
the "Florida Local Government Development Agree.
meant Act."
(2 The Legislature finds and declares that;
(a; The lack of oer:ainty in the approval of develop-
ment can result In a wes% of economic and land
resources, discourage sound capital improvement
planning and financing; escalate the cost of housing
and development, and discourage commitment to com-
prshensive planning.
(b) Assurance to a developer that upon receipt of
his or her development permit or brownfield designa-
tion he or she may proceed in accordance with existin
taws and policies, subject to. the conditions of a leve _
opmont agreement, strengthens the public planning
process, encourages sound capital Improverflent plan-
ning and, financing, assists in assuring there are ade-
quate capital facilities for the development, encourages
private participation in comprehensive planning, and
reduces the eoonomio costs of development.
(3) in conformity with, in furtherance of, and to
implement the Local Qovernrnent Comprehensive
Planning and Land Development Regulation Act and
the Florida State Comprehensive Planning Act of 1972,
It is the intent of the Legislature to encourage a stronger
commitment to comprehensive and capital facilities
planning, ensure the provision of adequate public facfli-
ties for development, encourage the efficient use of
resources, and reduce the eoonomie cost of develop.
Ment.
(4) This intent is effected by authorizing locai gov-
ernments to enter into development agreements with
developers, subject to the procedures and require-
menta of ss. 163.3220.163.3243..
(S) Sections 163.3220-163,3243 shall be regarded
as supplemental and additionat to the powers con.
ferred upon local governments by other laws and shad
not be regarded as in derogation of any powers now
existing.
19, ah. e6 -19i; s. SM. 1h. OSA47; S. 8, oh. 89.878.
183.3221 Definttions. As used in ss. 163.3220-
163.3243,.
1336
0 '�_
163
(1) "arownfleld designation" means a resolution
adopted. lay. a local government pursuant to the
Brownfietds Redevelopment Act, es. 376.77.376.85.
(2) "Comprehensive plan" means a plan adopted
pursuant to the "Local Government Comprehensive
Planning and Land Development Regulation Act."
(3) "Developer" means any person, including a
governmental agency, undertaking arty development.
(4) "Development" means the carrying out of any
building activity or mining operation, the making of any
materia': change In the use or appearance of any struc-
ture or land; or the dividing of land into three or more
paresis.
(a) The. following activities or uses shad be taken
for the purposes of this act to involve "developmernt
1: A reconstruction, alteration of the size, or rnatra-
rial change in the external appearance of a structure on
land. .
2. ,A change in the intensity ct use of land; such as
art increase in the number of dwelling units in a struc-
ture or on lend or a m&teriai Increase in the nu-nber of
businesses, manufacturing establishments, offices, or
dwelling units in a structure or on land.
3. Alteration of a shore or bank of a seacoast,
river, stream, lake, pond, or canal, including any
"coastal construction" as defined in s. 161,027.
4. Commencement of dr !fling, except to obtain soil
samples, mining, or excavation on a parcel of land.
S. Demolition of a structure. .
6. Clearing of land as an adjunct of construction,
7. Deposit of refuse, solid or liquid waste, or fill on
a parcel of (and. -
(b) The following operations or uses shall not be
taken for the purpose of this act to involve "deveiop-
ment"r
1. , . Work by a highway or road agency or railroad
company for the maintenance or improvement of a road
or railroad track, if the work is Carried out on land within
the boundaries of the right-of-way.
2. Work by any utility and other persons engaged
In the distribution or. transmission of gas or water, for
the purpose of inspecting, repairing, renewing, or con-
structing on established rights-of-way any sewers,
mains, pipes, oables, ut)iity tunnels, power lines, tow-
ers, poles, tracks, or the like.
3. Work for the maintenance, renewal, improve-
ment, or alteration of any structure, it the work affects
only the interior or the color of the structure or the deco-
ration of the exterior of the structure.
4. Thd use of any structure or land devoted to
dwelling uses for any.purpose customarily Incidental to
enjoyment of the dwelling.
5. The use of any land for the purposeof growing
plants, crops, trees, and other agricultural or forestry
products; raising livestock; or for other agricultural pur-
poses.
6. A change in use of land or structure from a use
Within a class specified in ars ordinanc s or rule to
another use in the same class.
7. A change in the ownership or form of ownership
of any parcel or structure,
8, The creation or termination of rights s.>t access,
riparian rights, easements, covenants co+laernjng
development of land, or other rights In land.
F.S.1
(c) "Devsfopment," as designated in ran ordinance
rule, or development permit includes all other deveiop!
ment customarily associated with it unless otherwise:
specified. When appropriate to the context, "develop,
mast" refers to the act of developing or to the result of
development, deference to any specific operation ie .
not intended to mean that the operation or activity,
when part of other operations or actkvities, is not devoi..
opment. Reference to particular operations is not
intended to limit the generality of this subsection.
(5) "Oevelopmert permit" includes any building'
permit; zoning permit, subdivision approval, rezoning,
certification, special exception, variance,. or any other
official action of local government having. the effect of
permitting the development of lard.
(6) "Goveming body" means the board of county }
commisssloneist of a county, the commission or council :
of an lncorpcxrated municipaiityi or any other chief goo-
erning body of a unit of local government, however des-
ign&ted. `
(7) "Land" means the earth, Water, and air, above,
below, or. on the surface, and includos any improve- a
mants or'structufes customarily regarded as land.
(8). "Land development regulations" means ordi-
nances enacted by governing bodies for the regulation
of any aspiec: of development and includes any local
government toning, rezoning, subdivision, building
construction, or sign regulations or any other reguia-
ticns controlling the development of land.
(9) "Laws?" means all ordinances, resolutions, regu-
lations, comprehensive plans, land development regu-
istions, and rules adopted by a local government affect -
Ing the development of iand.
(10) "Local government" means any county or
municipality or any special district or local governmen-
tal entity established pursuant to law which exercises
regulatory authority over, and grants development per- ,.
mite for, land development. ;t
(11) °Local planning agency" means the agency
designated to prepare a comprehensive plan or plan
amendment pursuant to the"Florida Local Government
Comprehensive Planning and Land Development Reg, :
uiatlon Act."
(12) "Person' means any Individual, corporation, r'
.business or land :rust, estate, trust, partnership, asso-
ciation, two or more persons having a joint or common
interest, state agency, or any legal entity. 3
(73) "Public facilities"means major capital improve- ;l
menta, including, but not limited to, transportation, sani-
tary sewer, solid waste, drainage, potable water, edu-
cational, parks and reereationai, and health systems 'r
and facilities.
(14) "State land planning agency" means the
Department of Community Affairs.
Mtatory.--•a. 20. ch. 8&'41: 3. a. ch. 02.128: s. 9, c.w. �g•are.
1834223 Applicabit+ty.—Any loons! government
may, by ordinance, establish procedures and require•
ments, as provided in ss• 163.3220.163.3243, to con-
sider and enter into a development ag(earnent with any -
Poison (laving a lagat or equitable interest 4) real prop,
erty looated within its jurisdiction.
N nosey.—s. 21, cn. Ba• 19�.
,:336
Submitted into the public
recur In .1 connection with
r item on40
Walter Foeman
City Clerk
Ch, 1 B3
F.S__ —Is" ; � ih;TERagVSR'NME TAL PRORA
tkN1S _.-- _ - —.—
163.3225 Pubilc hearings. --
(1) Before entering into, amending, or revoking a
development agreement, a local government shall cor=
duct at least two public nearings. At the option of the
governing body, one of the public hearings may be held
by the loca! planning agency.
(2)(a) Notice of. intent to consider a development
agreement shall be advertised approximately 7 days
before each public hearing In a newspaper of general
circulation and readership in the county where the local
government Is located. Notice of Intent to consider a
devetopment agreement shalt also be ?Mailed to ail
affected property owners before the first public hearing.
The day, time, and placer.at which the second public
hearing wilt be held shat' ba announced at the first par-
lic hearing.
(b) The notice shall specify tt^& location of the ia,r!d
subject to the development agreement, the de velCI -
ment joes proposed on the property, the proposed
population densities, and the proposed building hntensi-
ties and height and shail specify a place where a ct'+py
of the proposed agreement can be obtained..
History. --a. 22. cn. e6-181.
169.3227 Acquirements of a development agree:-
Ment.—
(1) A development agreement shall include the fol-
lowing:
(a) A legal description of the ?ano subject to the
agreement, and the. names of its legal and equitable
owners;
(b) The duration of the agreement;
(c) The development uses permitted on the land,
including population densities, and building intensities
and height;
(d) A description of public facilities that wi:l .service
the development; including who steal; provide such
facilities; the date any new facilities, if needed, will be
constructed; and a schedule to assuree L pu+olie fSoiiities
are available concurrent with the impacts of the devel-
opment;
(e) A description of any reservation or dedicafion of
land for public purposes;
(� A description of ail locai .devetopment permits
approved or needed to be approved for the develop-
ment of the land;
(g) A finding that the development permitted or pro-
posed is consistent with the local government's com-
prehensive plan and land development regulations,
(h) A description of any conditions, terms, restric-
tions, or other requirements determined to be neces-
sary by the local government for the public health,
safety, or welfare cf its citizens; and
(i) A statement Indicating that the `al}ure of the
agreement to address a particularpermit, condition,
term, or restriction shall not relieve the developer of the
necessity of complying with the law governing said per-
mitting requirements, conditions, term, or restriction.
(2) A development agreement may provide that the
entire development or. any phase the3rsot be cL%m-
menced or completed within a specific period of time.
H1t torV,—e. 22. 0. 86.191; 8. dt, eh. 81-4$,
163,3279 Curatloll of a3 cdevelojomeent agreement
and reiatlonsh,1p 14 local oomprehenslve pian, ---The
duration of a de.,Siopr'r)ent agreement shall not exceed
10 ,years. It may :ie extended by mutual consent cf the
governing body and the deue:opsr, sutaject to a public
hearing in aceorcjnce with S. 163.3225, No develop-
Y4e:rtt &Qraerner?t s.-%aal be effective or be implemented
by a local Bove rirr,en't uniess the local government's
comprehensive plal; and pian amenornents >rriplement-
Ing or related to the agreeene "t are found in compliance
by the state lF;161 planning agency in accordance with s.
163,3184, s- .€3.3`87, or S. 163.3189.
His' . -e. 2L, :h. 8b•t9t s.
163.3231 Consisioneay with the comprehensive
Arlan and land cievelopmsret regulatlons.---A.develop.-
ment agreement and autl,ortzed development shah be
consisient with the local govt4nment's comprehensive
elan and land development regulations.
1�ISIOry.--R. 2?.Ch. dL147.
163.3233 Local laws and policies governing a
development agreement. --
(1) The focal goverilr-rent's laves and policies gov-
erning the-4eweiopment of the land at the time of the
execration elf the development agreement shall govern'
the developmem of We tend for the duration of the
devetopnzert agrearnant..
(2) A local goVernrttent may apply subsequently
adopted laws ar.o poiiciit;�s to a development that is sub-
ject to a development aagreeament only If the Iocal gov-
ernment hat, held « public hearistg and determined:
(a) They are not in conflict with the laws and poli•
c;eE. governing the development agreement and.do not
prevent development of tete land rases, intensities, or
dene.itles in the development agreement;
(b) Th6y are assential to the public health, safety,
-or walfare, and express!y state that they shall apply to
a oevelopmertt that is subject to a development agreae-
ment;
(c) Trey are. specifically anti: ipated arid provided
for in the deyetoprrerit agreement;
(d) The local government demonstrates that sub-
siantial changes have ocourred Iin pertinent conditions
existing at they time of approval of the development
agreement; or .
(e) The development agresment is based on sub-
stantially inaccurate. Information'SVpplied by the devel-
oper.
(3) This section does not abrogate any rights that
may vest pursuant to oornmon la
M61,pry-S. 28, ch. 89.191. '
163.3235 Periodic re 4*ew of a development agree-
rnent.--A local government shall rdvi6w land subject to
a development agreement at least once every 12
months to deterrni# �e If there has been demonstrated
good faith compl!ance with the terms of the develop-
ment agreement. For each annual review conducted
during years 6 through 10 of a development agree-
ment, the review shall be tnoorporatpd Into a written
report which shall be submitted to the parties to the
agreement and the state land planning agency, The
state lard planning agency shat! adapt rules regarding
1337
Submitted into the public,
recur in connecti n with
em �L` on/ew
Walter Foemanl
.. aty HCl
Ch. 163 INTERGOVERNMENTAL PROGRAMS„_.._.__.. _ _ F's, toga
the contents of the report, provided that the repot snail
be limited to the information Sufficient to detatmin8 the
extent to which the parties asq proceeding In good With
to. comply with the terms of the development agree-
ment. If the local government ffnds, on the basis of sub-
stantiai competent evidence, that there has been a fail-
ure to comply with the terms of the development agree-
ment, .the agreement may be revolted or modified by
the local government.
HIs1ory--s. 27, ch. 89.167; a. 12. ch. a2•129.
163.3237 Amendment -or cancerliation of a devel-
opment agreement. --A development agreement may
be amended or canceled by mutual consent of the par-
ties to the agreement or by their suc=cessors in interest.
History. --s, 28, ch. 8616Y•
163,3239 Recording and effectiveness of a devel-
opment agreement. --Within 14 days after a focal gov-
ernment enters into a development agreement, the
local government shall record the agreement with the
clerk of the circuit court �n the county where the local
government is located. A copy of the recorded develop-
ment agreement shall be sukmnlitted to the state land
planning agency within 14 days after tt* agreement Is
recorded. A development agreement shall riot be effec•
tive until it is properly rscordt3d in the public records of
the county and until 30 days after having been received
by the state sand planning agency pursuant to this sec-
tion. The burdens of the development agreement steal'
be binding upon, and the benefits of the agreement
shall inure to, all successors in interest to thb parties to
the agreement.
Hletvy.—e. 26, ck 86.191; 6.13. ch, 92-`x5.
153.3241 Modification or revocatian of a develop
meat agreement to compty.with "bsetluently enacted
state and federal law.-=-tf state or federal laws are
enacted atter the execution of a development agree-
ment which are appticatAe to and preclude the parties'
compliance with the terms of a devf.Fapment agree-
ment, such agreement shall be rrtodified or revoked as
is necessary to comply with the reievant state or federal
laws.
wetwy. a. 3o, ch. ae.191
163.3243 Enforcements --Arty party, any aggrieved
or adversely affected person as defined in s.
163.3216(2), or the state land planning agenNmay file
an action for injunctive relief in the circuit court where
the focal govgmn"ent °s Ionated to enforce the terms of
a development agreement or to challenge compliance
of the a mement.with the provisions of as. 163.3220-
163.3243.
Submitted into the public
Pecs n connection with
...item- on � �g _
Walter Foeman
City Clerk
T _ May 'G'0 _7 No.0t) F.0;
16
CITY O f Miami
office of the -City Clerk-
FL�a�
DAI
TO:
Facsmule Transmittal Sheet
FAX NO.
s
FROM: 7 /tF� 30:5-859-1610
REMARKS:
TOTALNUMBER OF PAGES. INCLUDING COVER SHEET;
Submitted into the public
rer_�or in connection with
office of the Ciry Clerk item 2- � on �
300 PU Amenc:m Dnve P.O. Box 330708 Walter Foeman
Nlmera. Fionda 33133 Mn= 13.33333-0708 City Clerk
303-330•$360 Y
CO_ ,
TE
RECEIVED
MEMORANDUM OF AGR=bSENT 2000 MAY -
8 PM 2:
AMONG MIAMI RIVER PARK ASSOC3ATXSLIM-.
FLORIDA STATE HISTORIC PRESERVATION OFYX,-M AND I= MY OF
CG f L
E
MIAMI, REGARDING THE MIAMI RI -VER P%RK A-PkWrAXh-n City OF H; AH1, FL
WHEREAS, the City of hfiarni .(City) thro-4;h finding :mvided � the Federal
HOME Program and the Federal HOPWA Prop -am mvposts to ;rawmdc financial
assistance to Miami River Park Associates, Ltd. (N&PA) for an affordibic vc=l housing
development, known as the Miami River Park Apart mc= (bmmm'acr, ref x=d to as the
Project), within Miami -Dade County and the City of Maori, FridL as 4xmn on the
January 200 Final Plan for the project which includes the nap emded `Project Map" and
attached hereto as Appendix 1;
WHEREAS, pursuant to 36 CFR Pan 8W, i=icnaeaang S=ti w 106 of the
National Historic Pres:rvation Act (16 U.S.C. 47(X), acmd, in camuhabm vft the Florida
State Historic Preservation Officer (hereafter referred to is F%xi& SEIPOk ft Cky. local
pmemation groups, and members of the public, Ow ed partka have
determined the following:
* An area of potential effect (APE) for tbt Projem as d:fimd in 36. CFR
840.2(c), is as described in a docurnew cnfi*d -Section 06 DocunmItstion
vxI Effects Determination," dated January 2WO, attwfmd i as Appendix
2, and as shown on the "Project MW,-
* Pursuant to 36 CFqt SWZ, the Project wadd have affi adwme erect .on
historic PMPCrtiCS wittlin _ the LAMMUS Park Fastark Disuia, otid is eligible
for listing in the National Register of FEmadc r1wz& Tsese pmpwum arae
identified in the Section 106 Docu;rmtoint and Effem Deamination in
Appendix 2.
WHEREAS, the determination of advem effi= on binaft pvpxfics within the
Lummus Park Historic District is based on the dcmriffitiaa axi reocuion of historic
properties and the visual and aesthetic kVact *f the P-qjaa %-ttWm be hiaoric district;
and
. WHEREAS. MRPA, the Florida SBPO, the CSS. and Local umeNed parties have
Participated in consultation regarding minimization mc midptjoa eptiow and agree the
proposed final plans presented in the January 2000 Mmini River Put Apor==ft Section
106 rftunwntatiOn and Effects DOWMkinstiOn d0cuW9A wiB =09 tic raqxwe and need
for the project; and
Submitted Into the public
recor.,A in connection vi*kt"
on LL��
Walter Foeman
City Clerk
— of As remsew
Mimi Kow Pa,* Apwftem
Pace !
60- 464
!C:19 N0.005 P.04
NOW. 11HEFORL MRPA, and the City agree, that the
undertaking shall be impleaumted im a=ordmce. vuh ft following stipulations in order
to take into account the effea of the Pwjem'
MRPA and the City " ensure Ow 9e foLOWM26 OVMMM am irnplemmte&
1. Project Design
It is understood by the pairtia that dee dmfiga concept described in the Januay
2000 final plan for the projec as rockfed a®d approved by the parties and as
contained in the Jarmary 2000. 3&m Rim Park Aparurwnts Section 106
Documentation and FAccis Derr firstdocumem referenced above shall serve
as the bads for final design of the Projam MWA and the City. shall ensure that
the design' of the Project is congwaft with dw foal plan referenced above, and
with recornizoaded apygmm- M fimch im the Secretary of the Interior's
Standards for Rehdahwim and QWWkw Jbr RmhabdikWhg Historic Buffifings
(U.S. DepartmM of the hiterior. Ndaind Pact Service, 1990: hereafter referred
,to as Skvdar& -and Gr es), Bad dw dw design and specifications for ft
Project arc submitted to the Fkwida SYNO for approval.
Hong- T -MUT
A. hWX shall em me due the hateric properties, as they an vacated by the
existing tenants, we inmw6zacly mcmd and protected against damage until the
measures agreed upon in etas agmcnm we taft implemented.
B. bMPA shall en'"M dw ft hatonc Properties are maintained
tained in a weather-
tight condition and an My secung anahst-catry by unauthorized persons.
C. City will at all times wxkmakc gV&=b4e ngutatory reviews.
A. MMPA shall ensure - dw before the lsstarzc properties we moved, the original
setting and comext of each pnperz.7 is vecarded in accordance with the
documentation plan beano attacied as Appendix 3. Completed documentation
shall be submitted prior to mkxmon ic the Florida SHPO for approval. A COPY
of this documentatiian shall be maft psaftble to an appropriate local archive
designated by the City.
B. NWA shall em;um char the hswwk mropemes are moved in wzoniance with
the approaches d is VO4=9 Mitoric Buildings (John Obed Curtis,
Ma wran&M QfAsmaxent
",Submitted Into- the public Mkwd River Par* Ap4rftenft
record in connection with Pace 2
item I% on
Walter Foefriant
City Clerk- GO- � 6 4
Ma �C ILC :i9 No .005 P.O�
1979, American Associatkm for State and ' Local History), by a professional
mover who has the capability to mover historic buildings properly. .
C. MRPA shall ensure that prior to demolition, the historic properties (other than
the four to be relocated or rehabilitated by MRPA), shall be offered to interested
parties for. relocation to sites which trust be approved by the City's Historic
Preservation Officer. in the event that these historic properties arc not relocated,
MRPA may salvage himodc building materials and architectural elements for use
in the r mWlitstion of the three historic properties within the Project; or offer the
same to other. interested patties.
D. City will at all times undertake applicable regulatory reviews.
A. MRPA shall ensure that an archaeological survey of the Project area is
conducted, m a mance' Consistent with Secretary of the Interior's Standards and
Guidelines for 1d=1#kWkvL I A report of the survey shall be submitted to the
SHPO for review and approval.
B. MRPA shall ensure that if the survey results in the identification of a historic
property, appropriate measures to avoid minimize, or mitigate adverse effects to
the property shall be deteanined in consultation with the Florida SHPO and the
MiamiDade.County archaeologist.
C. MRPA, in consultation with the Florida SHPO, shall ensure efforts to avoid,
minimize or mitigate adverse effects to any discoveries of significant
archaeolopml resources during the Project are addremed a000rdang to 36 CFR
8W.13(b). All records resulting from archaeological discoveries shall be in
accordance with 36 CFR 79; and shall be submitted to the Florida SHPO.
D. Because it is possible that potentially significant archaeological resources may
be discovered during eonsu=on or ground disturbance activities, MRPA shall
ensure, haat should such resources be. discovered, activity within a twenty foot
radius of the site of the discovery of the potentially significant archaeological
resource shall be halted: and the Florida SMPO and the It+liami-Dade County
archaeologist shall be cmawted to determine an appropriate cause of action.
E. Until the significernoe of the discovered resource is established, its disposition
agreed upon and subsequently implemented, MRPA shall erasure that the site of
the discovery k not vandalized or in any way distuft&
F. City will at all times undertake applicable regulatory reviews.
M worwm&m of Agreamt
Submitted into the. public Miawd Rivsr ParkAParL"*,w
recor_iin connection with p"e`3
itemJ'! on %n
Walter Foeman I
� � ` Zi
City Cleric:
S.
Al
7
TE May '00
_u:20 N0.0015 P.06
A. MRPA shall ensure that the dzroe historic properties in the Project ane
re balitated in accordance with the recommended approaches in the Standards
and Guidelines
B. MRPA shall ensure that a plan for each rehabilitation projoet, including
archiwAural specifications, is provided before the project begins to the Florida
SHPO for review and approval, and that photographs of the properties taken upon
completion of the rehabilitation ane provided to the Florida SHPO. The City shall
identify appropriate. local archive to retain documentation of the rehabilitation as
part of the permanent project record.
G MRPA shall ensure that 428 NW 4jh Stied historic property is relocated within
the Lunurm Paris Historic District. and secured against entry by unauthorized
posmo�a. This property will be sold or donated to an appropriate party.
D. City will at all times undertake applicable regulatory reviews.
A. INWA shall ensure to the extent practicable and consistent with the January
2000 final plan for the Project, that all new construction shall be consistent with
die zeoamnrcnded approaches to. "new. construction" set forth in the Standards
aid Gaideibm.
B. MRPA has submitted 100% construction documents to the Florida SHPO for
review and approval.
C. City will at all times undertake applicable regulatory reviews.
The (Sty shall take the following two actions within six months of the date of this
Agreement to ensure the protection of the Lummus Park Historic District:
1. Irtitiate local designation of the Lummus Park Historic District under
City of.W=mi Ordinance 11694, Part II, Chapter 23 (a copy of which is
hereby incorporated herein by reference), and
2. Submit a revised National Register of Historic Places nomination
proposal for the Lummus Park Historic District to the Florida SIPO.
Mmoraadwn of Agreemew
Miami River Park, Aparnamn
Submitted Int® the public Page 4
tem in
1conneoG
on
Walter Foeman
'City Cleric
TEL' Mat: 1 0 10:21 No. 005 P.0
A. Pursuant to 36 CFR 800.6(c), this apwnv nt shall be consigned an agreement
with the Advisory Coancil on Historic Preswvation (Council) for the purpose$ Of
Section 106 of the National I istoeic Pnoorvation Act
B. Any party to this agreement may propane to the other parties that it be
amended, wtureupon the patties will consult and consider the amendment
Pursuant to 36 CPR 800.6(cX7).
C. Each submittal required herein will be provided to the Florida SHPO fa
review and comment Should the Florida SHPO object in writing received within
10 calendar days to any plans and specifications required to be submitted pursuant
to this Agreement, MRPA will consult with the Florida SHPO to resolve the
objection. If no response is received by MRPA within such 10 days period, the
submittal shall be deemed approved If MRPA determines the objections catrnot
be resolved, MRPA wiU forward all documentation relative to the dispute to the
Advisory Council. on Iiiistoric Pmervation pursuant to 38 CFR 800.6(b),
D. This agnx=ent shall to nein in ' effect until completion of design and,
construction of the Project is completed.
E. This agreement shall be, deemed void and of no effect in the event the MRPA,
does not proceed with construction of the project
Execution of this Memorandum of Agreement by MRPA, the City, the Florida SHPO,
and its submittal to the Council, and implotnantaticm of its terms. evidence that MRPA
and the City have taken into account the effects of the undettaidng on historic properties;.
MIAMI RNIB PARK ASSOCIATES, LTD.
By GHO Miami
By . _
Approved by:
veer LLC, Its Gerald Partner
THE CITY OF MIAMI
Approved by: DOW.- 2,100
DonAld H. Warshaw, City Manager
Ahvmndwn of Aa,xenew
Submitted into the public MiwdRiver Par* Aparpnem
record in connection with Page 5
item PZ— on
E =
Walter Foeman
City Clerk
TEL M,3L
4 -
Attest_ -
wa>, cny C�et1r
Approved as to �=
andro Viluello, City Attorney
1$'00 1C:22 No.005 P.00
Date: 6
M DA STATE HISTORIC PRESERVATION OFFICER,
Approved by: Date:
Janet ws, ,
�Iemora�w� ojllgr�rwra
Miami River Park Asarpneaft
Submitted into the public PW6
recorg, in connection with
item` on
Walter Foeman
City Clerk
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M
PROJECT MAP
N. W. 5 ST.
4y,
N. W. 2 STI
Lummus Park Historic District Boundary and APE
El = proposed project area
= indicates buildings directly effected by project
Lummus Park Historic District and Proposed
Miami River Park Apartments Project Area JANUS RESEARCH
Submitted in-,,-% ... e p -uZrI c-
reCOTAjn connection with
item on
Walter Foeman
City clprk
®IIiII �t _III ■
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SOUTH FLORIDA BUILDING CODE (REVISED 1"41
302.6 MOVING OF BUILDINGS AND STRUCTURES:
(a) Before a building permit for moving a building or structure within or into
the jurisdiction adopting this Code shall be approved or issued, such building or structure
shall be inspected by the Building Official; upon request of the owner or his agent, and
the Building Official shall ascertain, to the degree he reasonably believes, that this Code
and all other laws or ordinances applicable thereto shall be satisfied.
(b) Application for permit shalt/be submitted in such form as the Building
Official may prescribe and shall be accompanied by such plans or other data as, in the
opinion of the Building Official, are necessary to show compliance with the Code or the
zoning regulations.
302.7 DEMOLITION: Application for building permit for the work of
demolition of buildings or structures, if such building or structure is over 12'-0" in
extreme height above grade or any wall of which is over 40'-0" in horizontal length, shall
be accepted only from qualified persons or firms. Qualifications of persons or firms shall
be in accordance with separate ordinance providing for qualification and certification of
construction tradesmen.
303 PERMIT FEES
303.1 Any person desiring a permit to be issued shall, in addition to filing an
application therefor and before such permit is issued, pay a permit fee as required.
303.2 BASIS OF PERMIT FEE: The Building Official may require an
estimate of cost and/or other descriptive data as a basis for determining the permit fee.
303.3 DOUBLE FEE: When work for which_ a permit is required is started
prior to the obtaining of said permit, the applicant for a permit shall be required to pay
$100.00 plus double the fee as specified herein as the cost of the permit. The payment of
a permit fee shall not relieve any .person, firm or corporation from fully complying with
the requirements of this Code, nor from any other penalties prescribed therein.
303.4 APPROVED PLANS:
(a) The Contractor shall file one set of the approved plans with the building
department and the other approved set shall be kept at the building site, open to
inspection by the Building Official at all reasonable times. The Building Official may
stop the work if such plans are not available at the building site..
submitted into
recpthe public
ith
Supplement No. ? 03-11 l rj C on eG�/ y�0
, f )E
Walter Foeman
City Clerk
1
SOUTH FLORIDA "'IMNG CQUE (REVISED 1994)
CHAPTER 22
TYPE V BUILDINGS (Wood Frame)
2201 DEFINITION
2202 GENERAL
2203 WALLS AND PARTITIONS
2204 FLOORS
2205 ROOFS
2206 FIREPROOFING
2207 STAIRWAYS
2208 DOORS AND WINDOWS
2209 PROJECTIONS FROM THE BUILDING
2210 COMBUSTIBLE MATERIALS REGULATED
2201 DEFINITIONS
2201.1 Type V construction is that in which the exterior bearing walls and partitions and
floors, roofs and their supports are wholly or partly wood or.other approved materials.
(a) Type V (Protected) construction is that in which the structural framework,
exterior bearing and non-bearing walls, floors, roofs and floor/ceiling assemblies are not
less than 1 -hour fire -rated.
(b) Type V (Unprotected) construction is that in which the interior bearing
walls are not less than 1 -hour -fire rated.
2202 GENERAL
2202.1 Allowable height and area shall be as set forth in Part III.
2202.2 Loads and material stresses shall be set forth in Part VI.
2202.3 Required fireproofing shall comply with Chapter 37 of this Code.
2203 WALLS AND PARTITIONS
2203.1
(a) Distance separation shall be measured at right angles from the wall or
opening to the building line of a contiguous lot or any building on the same lot.
(b) Where a building line varies by the use of the land, the building line of a
contiguous lot shall be taken as that for the use which requires the least set back from the
property line but in no case taken as more than 5'-0" from the parallel to the common lot
line.
Submitted into the public
recd in .connection with
item on/a,5/_o(►
zz-i ) -� � Walter Foernan
a.... _ . City Clerk
2203.2 Main exterior walls shall be of noncombustible materials or wood and such walls
shall be of fire -resistive construction with opening protection where located as follows:
(a) Main exterior walls having a distance separation of less than 5'-0", or walls
except on street fronts which are less than 5'-0" from the building line of a contiguous lot,
shall be of not less than 2 -hour, fire -resistive construction and have no openings therein.
(b) Main exterior walls having a distance separation of from 5'-0" to 10'-0'
shall be of not less than 1 -hour fire -resistive epnstruction, and openings. therein shall be
protected by fire -assemblies having a 3/4 -hour fire -resistive rating and the total area of
openings in any story shall be limited to 30 percent with rio single opening more than 10
percent of such wall area,.
(c) Plastics may be used for walls and partitions in accordance with the
provisions of Section 3505 of this Code.
EXCEPTION: Separately owned main exterior walls of buildings
adjoining each other on a common property line may have a total combined fire resistive
rating of 2 -hours provided:
1. At least 1 main exterior wall extends a minimum of 30" above the roof
line or both roof ceiling assemblies have a fire resistive rating of not less than 1 -hour.
2. A main exterior wall meeting the requirements of party walls provides the
fire resistive construction specified in Paragraph 507.1(d) of this Code.
2203.3 Fire Division walls shall be of noncombustible materials and shall also. comply
with Section 506 of this Code.
2203.4 Interior bearing walls and all partitions shall be fire -resistive where required based
on provisions of this Code for fire division walls, occupancy separation, tenant
separation, protection of means of egress and vertical openings where applicable; except
that bearing walls shall be of a minimum 1 -hour fire -resistive construction.
*2204 FLOORS
2204.1 Floors shall be of steel, concrete, wood or plastics in accordance with the
provisions of Section 3505.
2204.2 Wood posts shall not be permitted under a girder supporting a ground floor
and spaces under ground floors shall have the clearance and ventilation as set forth in
Section 2913.
12204.3 Access openings shall be provided to all spaces under the building.
Footnote:
" Refer to Section 1807.6 for concealed spaces_ .
Submitted into the public
reco �in_ 'connection with
on
Walter Foeman
Supplement No. 4 22-2 City Clem
*2205 ROOFS
2205.1
(a) Roofs of Type V Unprotected Construction shall be of noncombustible
materials, wood or plastics in accordance with the provisions of Section 3505 of this
Code.
(b) Roof of Type V Protected Construction shall be of not less than 1 -hour
fire -resistive construction.
EXCEPTIONS: Exterior soffits of Type V Protected Construction
need not have a fire resistance rating, provided:
(1) The soffits are without occupiable space above and are constructed
of a minimum thickness of 5/8" Portland Cement plaster over ' metal lath, applied in
accordance with the requirements of Chapter 35 of this Code., and
(2) Roof vent openings in the soffits are located at the outboard edge,
and, wherever possible, placed so as not to be directly in line with window openings, and
(3) The soffit or portion thereof would not be required to have a fire
rating based on the requirements of Paragraph 3102.4(d) of this Code for arrangement of
exterior exit access.
2205.2 Roof coverings shall be set forth in Chapter 34 of this Code.
2205.3 ROOF DRAINAGE: Where parapets or curbs are constructed above the level of
the roof, design and construction for roof drainage shall be as set forth in Subsection
2304.3 of this Code.
2205.4 ATTIC SPACES: Attic spaces shall comply with Section 2006.5 of this Code.
I2205.5 Where the public has access to roof areas, safeguards as set forth in Section 516 of
this Code shall be provided.
2206 FIREPROOFING
2206.1 Bearing walls supporting floors shall be not less than 1 -hour fire -resistive
protection except that where a ground floor has clearance of less than Y-0", such fire
protection may be omitted.
2207 STAIRWAYS
2207.1 Stairways shall be as required in Part III and Chapter 31 of this Code.
2207.2 Stairways may be of noncombustible or combustible materials, except as limited
by
Footnote_ Submitted into the public
'Refer to Subsection 1807,6 for concealed spaces.
reco
,rgjn connection ith
item —Z-1 on 3 06
Supplement No. 4 22-3 Walter Foeman
`�'�City Clerk
0
2207.2(Cont.) requirements for means of egress of the group of occupancy by Chapter 31
of this Code.
2208 DOORS AND WINDOWS
2208.1 Doors, windows and similar, openings in exterior walls and fire walls shall be
protected or entirely prohibited as set forth in this Chapter, Chapter 31 of this Code, or in
Part III, Occupancy.
2208.2 Doors and windows shall not project over public property or restricted areas
except as provided for in Chapter 33 of this Code.
2209 PROJECTIONS FROM THE BUILDING
2209.1 Projections from the building may be of wood or plastics in accordance with the
provisions of Section 3505 of this Code.
2210 COMBUSTIBLE MATERIALS REGULATED
2210.1 No materials more combustible than wood shall be permitted in the construction
of permanent portions of Type. V Buildings except that plastics may be used in.
accordance with the provisions of Section 3505 of this Code. t
2210.2 Combustible insulating materials may be used, within concealed spaces in
accordance with the provisions of Section 3,505 of this Code.
Submitted into the public
recur m connectig�nw)�tth
item ��! _ on 1 ���J -9
Supplement No. 3 22-4 f Walter Foeman
Su
PP��,`��
�aJ City Clerk
b(LTli FLQRLDA 131 =C 111 1K �'ItiI D 1119.3_
PART V
TYPES OF CONSTRUCTION
CHAPTER 17
CLASSIFICATION BY TYPES OF CONSTRUCTION
1701 CLASSIFICATION
1702 EXISTING BUILDINGS
1701 CLASSIFICATION
V
1701.1 The requirements of Part V are minimum for the various types of
construction and are intended to represent varying degrees of public safety and resistance
to fire. For the purpose of this Code, Type I shall be deemed to be the most fire -resistive
and Type V the least fire -resistive type of construction.
1701.2 All buildings and structures shall be classified by the Building Official
into one of the types of construction set forth in Chapters 18, 19, 20, 21 and 22, all of this
Code. In order that a building or structure may be classified in any specific Type of
Construction, it is necessary that all the requirements for that type shall be at least
equaled.
1701.3 No building or portion thereof shall, be required to conform to the details
of a Type of Construction higher than that type which meets the minimum requirements
based on "Locationin Fire Zones" (Part IV) or "Occupancy (Part III) even though
certain features of such building actually conform to a higher type of construction.
1701.4 Where specific materials, types of construction or fire -resistive protection are
required, such requirements shall be the minimum requirements and any materials, types of
construction or fire -resistive protection which will afford equal or greater public safety or
resistance to fire as specified in this Code may be use, subject to the provisions of Section 204
of this Code.
1701.5 Where two or more types of construction occur in the same building and
are separated as required in Chapter 5 of this Code, each portion so separated may be
classified as of the type of construction to which it conforms; otherwise, the whole
building shall be classified as of the least fire -resistive type of construction used and shall
be subject to the restrictions imposed upon that type.
1701.6 Minor . accessory buildings of unprotected incombustible materials not
exceeding 10 percent of the . ground floor of the priman- building, nor 1500 sq. ft.
whichever is larger, may, where separated from the primary building as required in
Chapter 5 of this Code, be constructed without changing the tire -resistive classification of
the primary building based on type of construction.
Submitted into the . public
recur in connection %tim
Supplement No..2 17-1 item on r5_Z4U .
Walter l=oeman
City CPQ
Ci ik
1
SOUTH EL R . IDAMING CODE (REVISED 1994)
1702 EXISTING BUILDINGS
1702.1 An existing building which by its construction cannot be definitely classed as
of Type I, 1I, III, IV or V as defined in this part shall be deemed, for the purpose of this
Code, to belong to the least fire -resistive of the two types to which it most nearly conforms.
Submitted into. the
Supplement No.'_ 17-2 re
COr In conn public
item ectio�"ith
on _/da
A Walter Feeman
'�e Citjr Clerk
SOUTH FLORIDA [3l'li_ COM-. i2F.\'ItiF;U 19911
PART IV
REQUIREMENTS BASED ON LOCATION
IN FIRE ZONES
CHAPTER 16
FIRE ZONES
1601
GENERAL
1602
FIRE ZONE 1
1603
FIRE ZONE Z,
1604
FIRE ZONE 3
1601 GENERAL
1601.1 FIRE ZONES DEFINED: For the purpose. of this Code, the entire
territory of jurisdiction is hereby declared to be, and is hereby established, a Fire District.
Said Fire District shall consist of Fire Zones 1, 2 and 3. Any legally constituted governing
authority within the area of jurisdiction of this Code may allocate and/or reallocate by
legal procedure, all areas within its constituted limits as one or more of the above Fire
Zones which unless otherwise designated, shall be assumed to be Fire Zone 3.
1601.2 BUILDINGS LOCATED IN MORE THAN ONE FIRE ZONE:
A building or structure which is located partly in one fire zone and partly in
Another shall be considered to be in the more highly restricted fire zone, when more than
one third of its total floor area is located in such zone.
1601.3 MOVED BUILDINGS: Any building or structure moved within or
into any fire zone shall be made to comply with all the requirements for new buildings in
that fire zone.
1601.4 TEMPORARY BUILDINGS: Temporary, buildings such as
reviewing stands and other miscellaneous structures conforming to the requirements of
this Code, and sheds, canopies, or fences used for the protection of the public around and
in conjunction with construction work, constructed of any suitable materials, may be
erected by special permit from the Building Official for a limited period of time, and such
buildings or structures shall be completely removed upon the expiration of the time limit
stated in such permits.
1601.5 ROOF COVERINGS: Roof coverings shall be required to be fire -
retardant as set forth in Section 3401 of this Code.
1601.6 ZONING REGULATIONS: Nothing in this chapter shall be construed
to nullify applicable zoning regulations governing materials or types of construction based
on land use or location. v
Submitted into the public
recd in connection with
16-1 item on �
v t' Waiter Foeman
City Geri
Ij
U
40 46
SOUTH FLORIDA BUILDING CODE (REVISED 1993)
1602 FIRE ZONE 1
1602.1 Any existing building or structure in Fire Zone 1 that does not comply with
the requirements for a new building erected therein, shall not hereafter be enlarged,
altered, remodeled, repaired or moved except as follows:
(a) Such building may be entirely demolished.
(b) Such building may be.move4 outside the limits of Fire Zone 1.
(c) Changes, alterations and repairs may be made provided that in any 12 -
month period the value of the work does not exceed 20 percent of the value of the existing
building, and provided that such changes do not add additional combustible material, and.
do not, in the opinion of the Building Official, increase the fire hazard.
(d) Additions thereto shall be separated from the existing building by fire walls,
as set forth in Section 506 of this Code.
(e) Damage from fireor windstorm may be repaired, using the same materials
of which the building or structure was constructed, provided that the cost of such repair
shall not exceed 20 percent of the replacement cost of the building or structure.
1602.2 Fences and 'signs in Fire Zone 1 shall be constructed of incombustible
materials except as follows:
(a) Non -electric flat wall signs in full contact with the wall may be as set forth
in Subsection 1812.5 of this Code.
(b) Ground signs having a distance separation of 10'-0" from any building.
(c) Property line fences with not less than 10'-0" distance separation from all
building lines unless otherwise required herein.
(d) Solar or privacy fences for court area use having distance separation of not
less than 10'-0" from the property line and which do not obstruct a required means of
egress.
1602.3 Every building hereafter erected in Fire Zone 1 shall be of Type I, Type II
or Type III Construction and of not less than one-hour fire -resistive protection; except
that open sheds attached to, and located outside of, the main exterior walls of a building
otherwise complying with this Subsection may be erected of exposed incombustible
materials, provided such shed does not exceed 10 percent of the area of the building and
provided that the omission of exterior wall of such open shed complies with Subsection
1804.1 of this Code.
Submitted into the public
record in connecti(�n with
6
,-z on
item! _
; Ov
6.4 Walter Foeman
City Clerk
FLORIDA I
SOUM UT O DA I%'(G CODE (REVISED 1993'
1602.4 No incinerators shall be constructed or used in Fire Zone I.
1603 FIRE ZONE 2
1603.1 Any existing building or structure in Fire Zone 2 that does not comply with
the requirements for a new building erected therein shall not hereafter be enlarged, altered,
remodeled, repaired or moved except as follows:
(a) Such building may be entirely demolished.
(b) Such building may be moved outside the limits of Fire Zone 2.
(c) Changes, alterations and repairs may be made provided that in any 12
month period the value of the work does not exceed 20 percent of the value of the existing
building, and provided that such changes do not add additional combustible materials, and
do not, in the opinion of the Building Official, increase the fire hazard.
(d) Additions thereto shall be separated from the existing building by a fire wall
as set forth in Section 506.ofthis Code.
(e) Damage from fire or windstorm may be repaired using the same, materials
of which the building or structure was constructed, provided the cost of such repairs shall
not exceed 20 percent of the replacement cost of the building or structure.
1603.2 Fences and signs in Fire Zone 2 shall be constructed of incombustible
materials except as -follows.-
(a)
follows:
(a) Non -electric flat wall signs in full contact with the wall may be as set forth
in Subsection 1812.5 of this Code.
(b) Ground signs having a distance separation of 10'4' from any building.
(c) Property line fences with not less than 10'-0" distance separation from all
building lines unless otherwise required herein.
(d) Solar or privacy fences for court area use having a distance separation of
not less than 10'-0" from the property line and which do not obstruct a means of egress.
1603.3 Every building hereafter erected in Fire Zone 2 shall be of Type I, Type II
or Type III (Protected) Construction, except as follows:
(a) A building of Group H or I Occupancy, or of Group F Occupancy having a
distance separation of not less than 30'-0" may be of Type III (unprotected) Construction
provided such building does not exceed 1500 sq. ft. in area, or may be of Type IV or Type
V Construction provided such building does not exceed 1000 sq. ft. in area, except as
Submitted into the public
t6 3 recorin connecctign with
fT
A6111 Walter Foeman
�a
C� a City Clerk
SOUTH FLORIDA B NG CODE REVISED 1993
1603.3(a)(Cont.) otherwise required in Chapters 6 through 15 of this Code.
(b) A building for Group -J Occupancy may be of any Type of Construction
permitted by this Code.
(c) Open sheds attached to and located outside of the main exterior walls of a
building of exposed incombustible construction otherwise complying with this subsection
may be erected of exposed incombustible construction provided such shed doe not exceed
10 percent of the area of the building to which it is attached and further provided that the
omission of exterior walls of such open sherd complies with that set forth for the type of
construction of the main building to which the open shed is attached.
1604 FIRE ZONE 3
1604.1 Any building complying with the requirements of this Code may be erected,-
constructed
rected;constructed or moved into Fire Zone 3.
Submitted into the public
record -,in connection with
16-4 item I on��
Walter Foeman
City Ciera
r�
ZONING
AR'T'ICLE 11. NONCONFORMITIES
Sec. 1101. Intent; general. definition.
1101.1. Nonconformities created by ordinance adoption or amendment.
The following shall be defined as nonconforming for the purpose of this ordinance:
(a) Lots; i
§ 1101
(b) Uses'of lands, water or structures, or lands or waxers in combination with structures;
(c) Structures; and
(d) Characteristics of use;
which exist within districts established by this ordinance or later amendments and which were
lawful before passage or amendment of this ordinance, . but which would be prohibited,
regulated, or restricted under the terms of this ordinance or its future amendment.
1101.2. Nonconformities created by public taking or court order.
The term "nonconforming" shall also be construed to apply where lawful public taking has
the effect of creating what would be violations .of zoning regulations currently in effect if
actions were taken privately, or where such actions are. pursuant to the order of a court of
competent jurisdiction. Thus where such action reduces a yard below the minimum required in
relation to a structure, the portion of the structure extending into such yard shall be construed
to be nonconforming; and where such action reduces previously provided offstreet parking or
loading space below requirements, the use affected shall be construed to have nonconforming
characteristics, rather than deemed to be in violation of the regulations.
1101.3. Intent concerning nonconformities generally.
It is the intent of this zoning ordinance to require removal or cessation of certain of these
nonconformities, and to permit others to continue subject to the terms of this zoning ordinance
until they are otherwise removed, or cease, but not to encourage their survival. It is further the
intent of this.zoning ordinance that nonconformities shall not be used as grounds for adding
other structures or uses prohibited elsewhere in the same district, nor shall nonconformities be
enlarged upon, extended, or expanded.
Nothing herein contained shall be construed as prohibiting change in tenancy, ownership, or
management of a nonconforming lot, use, or structure, provided such change is otherwise
lawful.
1101.4. Nonconforming uses specifically declared to be incompatible with permitted uses.
Nonconforming uses 'are declared by this zoning ordinance to be - incompatible with
permitted uses in the districts involved. Except as otherwise provided in this ordinance,
nonconforming uses of land or water, structures, or land or water and structures in
Submitted into the public
recor in connection with
Su No. 5 419�� .� a iI .
on
PP•� m 5/00
Walter Foernan
r_;fi, rrin.i,
1101 MIAMI, FLORIDA
combination shall not be extended or enlarged after passage of .this zoning ordinance by
addition of the same or other uses of a nature generally prohibited in the district involved, or
byattachment on a structure or premises of signs intended to be seen from off the premises.
1101.5. Exceptions to nonconforming status.
It is hereby intended that the following shall not be deemed to have. nonconforming status:
1. Legitimate alcoholic beverage establishments, with a valid certificate of use and/or
occupancy, which precede the establishfnent of a church or school, within the distance
limitations required for such by chapter 4, entitled, "alcoholic beverages," of the _ Code
of the City of Miami, as amended.
1101.6. Reserved.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 11568, § 2; 10-28-97)
Sec. 1102. Nonconforming lots.
1102.1. Use of nonconforming lots.
Lots platted, or having legal status prior to the effective date of this ordinance and becoming
nonconforming by passage of this ordinance are considered legal building sites. All buildings
proposed for such sites. shall meet all requirements and limitations of the zoning district in
which they are located.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Sec. 1103. Reserved.
Sec. 1104. Nonconforming uses of lands, water or structures, or lands or waters in
combination with structures.
Where, at the effective date of adoption or amendment of this zoning ordinance, lawful use
of structures, or of structures in combination, exists (which would not be permitted under the
regulations imposed), such use may be continued for twenty (20) years. An extension for
continuance of the use for an additional term of up to twenty (20).years is permissible through
a Special Exception permit only.
1104.1. Enlargement, extension, alteration, replacement, etc., of structure.
Except as otherwise specifically provided, an existing structure devoted to a use not
permitted by this zoning ordinance, in the district in which it is located, shall not be enlarged,
extended, constructed, reconstructed, replaced, structurally altered, or moved except in
changing the use of the structure to a use permitted in the district in which it is located or is
to be located.
1104.2. Extension of use in building manifestly designed for such use.
Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use before the effective date of adoption or
Submitted into the public
Supp. No. 5 420 trecor n connection with
Rem i on�
Walter FoamAn
City clef)
ZONING
1104
amendment of this zoning ordinance. Any nonconforming use which occupied a portion of a
building not originally designed or intended for such use shall not be extended to any other
part of the same building. No nonconforming use shall be extended to occupy any additional
building on the same lot or parcel, not used for such nonconforming use at the effective date of
adoption or amendment of this zoning ordinance.
1104.3. Nonconforming use outside buildings; Special Exception for movement.
No nonconforming use shall be enlarged, idereased, or extended to occupy more area than
was occupied at the time such use became nonconforming on premises of buildings in
nonconforming use, and outside such buildings. No such exterior nonconforming use shall be
moved in whole or in part to any portion of the lot or parcel other than that occupied at the time
such use became nonconforming; provided, however, that the zoning board may by Special
Exception allow such movement upon a finding that, because of the new location, buffering or
screening to be supplied, or other reasons, such movement would create substantial public
advantages: Notwithstanding. the other provisions of these regulations concerning Special
Exceptions, in this class of cases, the occupancy of the new location shall be construed as
remaining nonconforming.
1104:4. Reserved.
1104.5. Reserved.
1104.6. Discontinuance.
If any such nonconforming use of a major structure or . any portion thereof, or major
structure and premises in combination, is discontinued for any reason (except where govern-
mental action impedes access to the premises) for a period of more than one hundred eighty
(180) consecutive days, any subsequent use shall conform to the regulations for the district in
which the use is located.
1104.7. Subdivision or structural additions.
Structures used for nonconforming purposes as of the effective date or amendment of this
zoning ordinance .shall not be subdivided, nor shall any structures be added on the premises,
except for purposes and in a manner conforming, to the regulations for the district in which
such premises are located.
1104.8. Destruction of structure or structures.
Where nonconforming use status applies to a structure or structures, or to a structure or
structures in combination, removal or destruction of the structure or structures shall eliminate
the nonconforming status of the land except as set out in section 1104.9, and any new structure
shall comply with all conditions of the district. "Destruction" of the structure for purposes of
this subsection is defined as damage to an extent of fifty (50) percent or more of the gross
square footage of the building at the time of destruction except in HP districts where the HC
board may allow reconstruction of historically designated buildings.
Submitted into the public
recon in connection with
Supp. No. 5 421 item Z— ( on
Walter Foeman
City Clerk
1104 MIAMI, FLORIDA
Where damage is less than fifty (50) percent of the gross square footage of the building, such
structures may be restored to the same or lesser size and in the same location, provided,
however, that restoration shall begin within six (6) months of damage and be diligently carried
to completion, and nonconforming use may be resumed and continued as before, or on a lesser
scale, through Class II Special Permit but in any case shall not be enlarged or intensified.
Unless restoration is so initiated and completed, the use shall terminate and not be resumed.
1104.9. Special Exception for replacement or reconstruction of destroyed structures containing
Ir
nonconforming uses. _.
v
Where a structure or structures containing a nonconforming use is destroyed to an extent of
fifty (50) percent or more of the gross square footage at time of destruction, by explosion, fire,
act of God, or the public enemy, the zoning board may, as a Special Exception, allow its
replacement or reconstruction in whole or in part upon making all of the following findings:
(a) That the cause of destruction was not the deliberate action of the owner or occupant of
the structure or their agents; and
(b) That nothing contained in the provisions of this ordinance required termination of such
nonconforming use; and
(c) That the board finds substantial public advantage in continuance of the nonconforming
use; and
(d) That the primary purpose of continuing the nonconforming use is not to continue an
economic monopoly; and
(e) That replacement or. reconstruction in the manner, proposed, with related actions
imposed in conditions and safeguards by the board, would reduce any previous adverse
effects of the use on neighboring properties.
(Ord. No. 10863, § 1, 3-28-91; Ord. No.. 11604, § 2, 1-27-97)
Sec. 1105. Reserved.
Sec. 1106. Nonconforming structures.
1106.1. Structural change, extension, or expansion.
No portion of a building or structure, which is nonconforming shall be enlarged, extended,
or altered in any way which increases its nonconformity.
Existing structures which have legal nonconforming status may however be enlarged,
extended or altered as follows:
1. Alterations to principal or accessory structures which do not involve an enlargement or
expansion may be permitted pursuant to a Class II Special Permit as long as .the degree
of the structure's nonconformity remains the same or is decreased and at least fifty (50)
percent of the square footage of the original building is proposed to remain.
Submitted into the public
Supp. No. 5 422 - n connection with
record on��
Q ...e . !Walter Foeman
City Clerk
D
ZONING
1106
2. Alterations.. which involve an, enlargement and/or extension of a nonconforming
principal structure may be permitted pursuant to a Special Exception permit as long
as the degree of the structure's nonconformity remains the same or is decreased, and
at least fifty (50) percent of the square footage of the original building is proposed to
remain, and as long as the proposed enlargement does not exceed a height or length of
fifty (50) percent of the horizontal or vertical linear footage of the wall(s) of the
nonconforming portion of the structure to remain.
No alterations which involve an enlargement and/or extension of a nonconforming accessory
structure shall be permitted.
No variances from the provisions of section 1106 shall be permitted.
1106.1.1. Repairs and maintenance: .On any nonconforming building or structure, or
nonconforming portion of a building or structure, and/or any building or structure
containing a nonconforming use, work may be done in any period of twelve (12)
consecutive months on ordinary repairs, or on repair or replacement of loadbearing
walls (or of bearing walls where necessary for structural safety), fixtures, wiring, or
plumbing to an extent involving up to twenty (20) percent of the gross square footage
of the building or structure (or of the portion. of a building or structure if a
nonconforming portion is involved).
1106.1.2. Unsafe nonconforming structures. If a nonconforming building or structure, or
nonconforming portion of a building or structure, or any building or structure.
containing a nonconforming use becomes unsafe or unlawful, and is declared by the
duly authorized official of the City of Miami to be unsafe or unlawful by reason of
physical condition, it shall not thereafter be restored, .repaired, or rebuilt except in
conformity with the regulations of the district in which it is located.
1106.2. Damage.
Should a building or structure or portion thereof, nonconforming under this section, be
destroyed to an extent of more than fifty (50) percent of its assessed valuation at the time such
damage or destruction occurs, it shall not thereafter be reconstructed except in conformity with
the provisions of this zoning ordinance; provided, however, that if reconstruction.is essential to
the reasonable conforming use of the building or structure, the zoning board may; by Special
Exception, allow reconstruction to the extent reasonably necessary to allow such reasonable
conforming use; provided such reconstruction or repair shall be started within a period of six
(6) months of the date of destruction; and provided, further, that if reconstruction or repair is
not begun within the six-month period, the building or structure shall not be constructed or
repaired except in conformity with this zoning ordinance.
1106.3. Moving.
A nonconforming building or structure may be moved on its own lot only under a Special
Exception. Such permit shall be issued only upon a finding by the zoning board that the
proposed movement reduces the degree of nonconformity to the maximum extent reasonably
Submitted into the public
Supp. No. 5 423 reCOfin connection with
-item Z i on
Walter Foeman
L
LAB' . City Clerk
§ 1106 MIAiTMI, FLORIDA
r
feasible, or eliminates such nonconformity; but the building or structure shall in no case be
moved on its own lot in such a manner as to increase the degree of nonconformity. Where a
nonconforming building .or structure is moved off its lot, it shall thereafter conform to the
regulations for the district in which it is located after it is moved. All new construction shall
conform to all conditions of the district in which it is located.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 11336, § 1, 1-25-96)
Sec. 1107. Nonconforming characteristics of use.
Where nonconforming characteristics of use exist, such. as signs, offstreet parking and
loading, lighting, landscaping, or similar matters, such nonconforming characteristics of use
may continue except as provided below.
Nonconforming characteristics of use shall be construed as including those where the
nonconformity was created by ordinance adoption or amendment, as provided at section .
1101.1, as well as those where nonconformity was created by public taking or court order, as
provided at section 1101.2.
Where existing offstreet parking facilities are nonconforming to the requirements of these
regulations or any standards of the City of Miami relating thereto, no modifications may be
permitted which increase the degree of nonconformity, and the permit may require by the use
of conditions or safeguards such lessening of the degree of nonconformity as is reasonably
feasible in the circumstances of the case. Nonconforming uses shall meet the offstreet'parking (r
requirements required by the first district in which they are permitted generally. t
1107.1. Changes in nonconforming characteristics of use.
No change shall be made in any nonconforming characteristics of use which increases
nonconformity under applicable regulations, but changes may be made, pursuant to a Class II
Special Permit, which result in the same or a lesser degree of nonconformity.
1107.2. Signs.
The following provisions shall apply to signs as a nonconforming characteristic of use:
1107.2.1. Removal in residential; districts. In all residential districts, nonconforming signs
shall be removed within one (1) year of the effective date of this ordinance or its
amendment, or within that period such signs shall be made to conform; provided,
however, that nonconforming nonresidential uses in residential districts shall be
permitted to maintain signs as provided in regulations for the first district in which
such uses would be conforming.
1107.2.2. Removal in other districts. In any district other than residential, any sign,
billboard, or commercial advertising structure which constitutes- a nonconforming
characteristic of use may be continued, provided no structural alterations are made
thereto, subject to the following limitations on such continuance:
(a) Any such sign except a roof sign shall be completely removed from the premises
within five (5) years from the date it became nonconforming;
Submitted into the public.
record in connection wit
Supp. SuNo. 424 item
�p = 'sl �! on/ S/C�
Walter Foarnain
y , City Clerk
ZONING
0
(b) A-rticle XXIV, section 1, subsection 7 (a), and article XXVIII, section 3, subsection
3 (a), Ordinance No. 6871, as amended, repealed by Ordinance No. 9500, as
amended, the same being provisions dealing with roof signs and requiring their
termination and removal from the premises on which they are located not later
than twelve (12) years following the date they became nonconforming, shall.
continue to be operative and given full .force and effect. All legal proceedings
begun and all legal proceedings that might have been begun under these
provisions of Ordinance No. 95Q0, as amended, prior to the repeal of Ordinance
No. 9500, as amended, shall be given full force and effect as though Ordinance No.
9500, as amended, had not been repealed.
(Ord. No. 10863, § 1, 3-28-91).
Secs. 1108-1110. Reserved.
Editor's note—Ord. No. 10771, § 1, adopted June 26, 1990, deleted, in effect repealed,
former §§ 1108, 1109, which pertained respectively to repairs and maintenance and unsafe
nonconforming structures and derived from Ord. No. 11000, adopted Mar. 8, 1990.
Sec. 1111. Casual, temporary, or illegal use does not establish nonconforming status.
The casual, temporary, or illegal use of land or water or structures, or land or water or
structures in combination, shall not be sufficient to establish the existence of a nonconforming
use or to create rights in the continuance of such use.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1112. Reserved:
Editor's note—Ord. No. 10771, § 1, adopted June 26, .1990, deleted,, in effect repealed,
former § 1112, which pertained to required termination of nonconforming uses in structures
and buildings and derived from Ord. No. 11000, adopted Mar. 8, 1990.
See. 1113. Variances prohibited.
No variances from the provisions of this article are permitted, except as provided in article
7 and article 19.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Supp. No. 5 425
Submitted into the public
recor in connection with
_item on Ulm1
Walter Foeman
z; City Cleric
[The next page is 4411
10 0 - X64
I
ZONING AND PLANNING
II special permit shall, in writing, request review
within the time limits set out, then no review fee
shall be charged. -
(b) All requests for review of decisions.,of the
zoning board as -reviewed under articles 16 and.
19, Ordinance No. 11000, of the city, except -those
requests for review initiated by an agency of the
city, shall be accompanied by a fee which shall be
the equivalent, of the fee originally charged the
applicant as set out in section 62-156, with a
maximum fee per review request of $800.00; pro-
vided, if an owner in fact of property within 375
feet of a property involved in a , decision of the,
zoning board shall in writing request review within
the time limits set out, then no fee shall be
charged as a prerequisite to consideration by the
city commission of the request for review.
(c) Zoning items scheduled to be heard by the
city commission can be withdrawn, deferred, re-
scheduled or denied as set forth by city commis-
sion policy. Items scheduled before the city com-
mission which are rescheduled at the applicant's
request shall be assessed a rescheduling fee based
on the original fee, not to exceed $600.00, such fee
to be paid by the applicant.
(d) Where the city commission itself may ini-
tiate a request for review,' such request shall be
initiated only by duly adopted resolution of the
commission.
(e) All fees for requests for review on resched-
uling of items before the zoning board or city
commission, as described in this section, shall be
due at the time of filing for said review or resched-
uling.
(Code 1967, § 62-27; Ord. No. 9212, § 1, 12-17-80
Ord. No. 9499, § 2, 9-23-82; Ord. No. 9648, § 1,
6-15-83; Ord. No. 10396, § 1, 3-10-88; Ord: No.
10606, § 1, 7-13-89; Ord. No. 10645, § 1, 9-28-89;
Ord. No. 10909, § 1, 7-25-91; Code 1980, § 62-62;
Ord. No. 11438, § 2, 1-23-97; Ord. No. 11472, § 2,
3-20-97)
Sec. 62-158. Fee payment deferred.
Notwithstanding any provisions to the con-
trary contained in this Code or the zoning ordi-
nance relative to development activity in a rede-
velopment district duly designated as such by the
Supp. No. 7
§ 62-186
city commission pursuant to the Community Re-
development Act of 1969, as set forth in F.S. ch.
63, except for the cost of required advertising,
notices and postings, major use special permit
fees (including constituent elements of said per-
mit such .as rezonings, variances, special, excep-
tions ' and special permits) may be partially de-
ferred for any ' amount above the minimum
application fee of $5,000.00 as specified in article
VI, section 62-156(5) of this Code, until such time
as the initial building permit for the subject .
property is requested or for a period .of one year
from issuance of the major use special permit,
whichever occurs first. In order for said fees to be
deferred the subject property owners) shall pro-
vide the city with a recordable document accept-
able to the city attorney, evidencing said financial
obligation and placing a lien on the subject prop-
erty for the amount of such deferred fees, said
document shall be recorded at the . permittee's
expense immediately upon issuance of the major
use special permit by the city commission.
(Ord. No. 11345, § 2(62-63), 2-29-96.)
Sec. 62-159. Waiver of fees.
The fees required under this chapter may be
waived by the director of planning for entities and
agencies of the City of Miami.
(Ord. No. 11795, § 4, 5-11-99)
Secs. 62-160-62-185. Reserved.
ARTICLE VII. HISTORIC t',N.'
ENVIRONMENTAL PRESET' `::::a`;ON
BOARD*
Sec. 62-186. Establishment.
There is hereby established a board, to be
known as the City of Miami historic and environ-
mental preservation board, for the purpose of
carrying out the provisions of chapters 17 and 23
*City Code cross references—Environmerital preserva-
tion, ch. 17; historic and environmental preservation board, §
17-29; preservation -officer, § .17-30; historic preservation, ch.
23.
Submitted into the public
CD62:24.1 record in .connection with
Item on -5—/.—b�L
A Waiter Foefnan
�,• _ � �� '�
City Clerk
.:.:. ..
§ 62-186
MIAMI CODE
of the Miami City Code and.article 7 of Ordinance
No. 11000, the zoning ordinance._ of the city, as
amended.
(Ord. No. 10875, § 2, 4-25-91; Code 1980, § 62-70)
Sec. '62-187. Membership.
(a) Composition; appointment. The historic and
environmental preservation board (hereinafter re-
ferred to as the "board") shall consist of nine
members and one alternate member, to be ap-
pointed by the city commission.
(b) Qualifications. It is intended that members
and alternate members of the board established
by this article be persons of knowledge, experi-
ence, mature judgment, and background, having
ability and desire to act in the public interest and
representing, insofar as may be possible, the
various. special professional training, experience,
and interests required to make informed and
equitable decisions concerning preservation and
protection of the physical environment. To that
end, qualifications of members and alternate mem-
bers shall be as follows:
(1) One member shall be an architect regis-
tered in the state.
(2) One member shall be a landscape archi-
tect registered in the state.
(3) One member shall be a historian or archi
tectural historian qualified by means of
education or experience and having dem-
onstrated knowledge and interest in county
history or architectural history.
(4) One member shall be an architect or ar-
chitectural historian having demonstrated
knowledge and experience in architec-
tural restoration and historic preserva-
tion.
(5) One member shall be an experienced real
estate broker licensed by the state.
(6) One member shall be a person experi-
enced in the field of business and finance
or law.
(7) Three members shall be citizens with
demonstrated knowledge and interest in
the historic and architectural heritage of
the city and/or conservation of the natural
environment, and may also qualify under
any of the above categories.
(8) One alternate member shall qualify . un-
- der one of the above categories.
(c) Procedure for appointment. No appoint-
ment shall be made by the city commission to
membership on the board until the city clerk shall
have given notice of the vacancy in a newspaper of
general circulation in' the city at least 30 days
prior to the making of an appointment, and the
city commission shall have solicited and encour-
aged public, professional, and citizen organiza-
tions having interest in and knowledge of .the
purpose and intent of the board to submit names
of persons and their qualifications as prospective
appointees to the board. At least five days prior to
the making of any appointment, thecity clerk
shall publicly make announcement that the list of
names submitted, together with a short state-
ment of the qualifications of each person, is pre-
pared and . available for public inspection and
consideration. In addition, the city clerk shall, at
least five days prior to the making of any appoint-
ment, publicly make announcement that the names
and qualifications of prospective nominees sub-
mitted by members of the city commission are
available for public inspection and consideration.
No person shall be appointed to membership or
alternate membership on the board whose name
and qualifications have not been made publicly
available in the manner set out. In reaching a
decision on any appointment, the city commission
shall give due consideration to the qualifications
thus submitted.
(d) Terms of office. Members and alternate
members of the board shall be appointed .for
one-year
Submitted into. the public
recor,1 in connerrtion//i�t��h
Supp. No. z CD62:24.2 item on'/C/l+
Walter Foeman
w�city clesk.
r:]
ZONING AND PLANNING
y
§ 62-188
terms or until the nominating commissioner leaves
(2)
Serve as a quasijudicial instrument to des -
office, whichever occurs first. Members and alter-
ignate historic sites, historic districts, and
nate members may be reappointed to consecutive
archeological zones pursuant to chapter 23
terms, subject to the procedures set forth in part
of the Miami City Code..
(c) above. -.
(3)
Serve as a quasijudicial instrument to ap-
prove or deny, certificates of appropriate -
(e) Vacancies. Vacancies in membership or al-
ness pursuant to chapter 23 of the Miami
ternate membership of the board shall be filled by
City Code and article 7 of the zoning ordi-
the city commission in the manner set forth in
nance.
part (c) above, and shall be only for the unexpired
term of the member or alternate member affected.
(4)
Serve as a quasijudicial in to ap-
prove or deny certificates of approval pur-
(f) Removal. Members and alternate members
suant to chapter 17 of the Miami City Code..
of the board may be removed with or without
(5)
Recommend to the city commission, in ref -
cause by vote of not less than three members of
erence to specific properties or general pro -
the city commission; however, any member or
grams, the use of preservation incentives
alternate member of the board who fails to comply
such as, but not limited to, transfer of
with the attendance requirements contained in
development rights, facade easements, fi-
section 2-886 of this Code shall be automatically
nancial_assistance, public acquisition, build -
removed in the manner prescribed under section
ing code amendments, and special zoning
2-889 of this Code. Following said. removal, the
regulations.
city commission shall fill the vacancy pursuant to
(6)
Maintain a record of unique environmen-
part (e) above.
tally, significant lands or sites within the
(Ord. No. 10875, § 2, 4-25-91; Ord. No. 11200, § 2,
city. -
11-17-94; Code 1980, § 62-71; .Ord. No. 11373; §
' (7)
Increase public awareness of the value of
15, 6-27-96)
historic and environmental preservation
by developing and participating in public
Sec. 62-18& Functions, powers and .duties,
information programs.
generally.
(8)
Make recommendations to the city commis -
In addition .to such other powers, duties, and
sion concerning the utilization of grants
from federal and state agencies or private
authority as may be set forth elsewhere in the
groups and individuals, and utilization of
Miami City Code and in the zoning ordinance, the
city funds to promote the preservation of
board is hereby authorized to:
environmentally, historically, and aesthet-
(1) Maintain and update files from the county
ically significant properties and neighbor -
historic survey within the city'for the pur-
hoods.
pose of identifying and preserving those
(9)
Promulgate standards for architectural re -
properties and neighborhoods of special
view in addition to those general standards
historic, aesthetic, architectural, archeolog-
contained in chapter 23 of the Miami City
ical, cultural, social, or political value or
Code.
interest. It shall endeavor to improve and
expand the survey with additional sites,
(10)
Evaluate .and comment upon decisions of
documentary information, histories,
other public agencies affecting the physical
.oral
and other such materials as may become
development and appearance of environ -
available; and to periodically reevaluate
mentally, historically, and aesthetically sig -
the survey to determine whether changing
-
nificant properties and neighborhoods.
times and values warrant recognition of
(11)
Contact public and private organizations
new or different areas of significance.
and individuals and endeavor to arrange
Submitted into the public
CD62:25 recon in connection with
item
on 3 ��' uo
Walter Foeman
6i 4 6- 4' City Clerk
911 as
§ 62.188 MIAMI CODE .
intervening agreements to ensure preser-
vation of environmentally, historically, or
aesthetically significant properties for which
demolition is proposed.
(12) Promote and encourage communication and
exchange of ideas and information between
the board and owners of historically and
environmentally significant properties, po-
tential developers, public officials, finan-
cial institutions, etc.
(13) In the name of the city and with the con-
sent of the city commission, apply for, so-
licit, receive, or expend any federal, state,
or private grant, gift, or bequest of any
funding, property, or interest in property in
furtherance of the purposes of historic and
environmental preservation.
(14) Approve historic markers and issue recog-
nition to historic properties within the city.
(15) Adopt and amend rules of procedure.
(16) Advise the city commission on all matters
related to.the use, administration, and main-
tenance of city -owned historic properties
and environmental preservation districts.
(17) Any other function which may be desig-
nated by resolution or motion of the city
commission.
(Ord. No. 10875, § 2, 4-25-91; Code 1980, § 62-72)
Sec. 62-189. Proceedings.
(a) Officers. The board shall select a chairman
and vice-chairman from among its members to
serve for a one-year term and may create and fill
such other offices as it may deem necessary or
desirable.
(b) Rules of procedure. The board shall estab-
lish rules of procedure necessary to its governing
and the conduct of its affairs, in keeping with the.
applicable provisions of the city Charter, ordi-
nances, and resolutions. Such rules of procedure
.shall be available in written form to persons
appearing before the board and to the public upon
request.
(c) Meetings. The board shall meet at least once
per month, except August, with all meetings open
to the public.
(d) Quorum; voting. Five members shall consti-
tute a quorum. All decisions of the board shall
require concurring vote of a majority of the mem-
bers present; however, all actions on designations
pursuant to chapter 23 of the Miami City Code
and all actions on certificates of appropriateness
pursuant to article 7 of the zoning ordinance shall
require a concurring vote of at least five members
of the board, and tie votes shall be construed as a
denial.
(e) Status of alternate member. In the tempo- -
rary absence or disability of a member; or in an
instance where a member is otherwise disquali-
fied to sit on a particular:, matter, the chairman of
the board, or the vice-chairman in his absence,
shall designate the alternate member to sit as a
board member to obtain a full membership of nine
or, as nearly as possible, a full membership. When
so acting, the alternate member shall have full
rights of participation- and voting as members,
and his vote shall be deemed that of a member in
reaching a decision on a matter. In instances
where the alternate member is not sitting as a
member, he shall have the right to participate in
board discussions and to askquestions, but he
shall have no right to vote or make motions.
Where the alternate member has been duly des-
ignated to sit as a member on a particular matter
and consideration of that matter has begun, the
alternate shall continue to sit as a board member
through disposition of the matter, and he shall not
be replaced should the member in whose stead he
is sitting later be present.
(fl Disqualiftcation of members oralternate mem-
ber. If any member of the board or the alternate
member called on to sit in a particular matter
shall find that his private or personal interests
are involved in the matter coming before the
board, he shall, prior to the opening of the discus-
sion on the matter, disqualify himself from all
participation of whatsoever nature in the cause;
or he may be disqualified by the votes of not less
than a majority of total membership of the board,
not including the member or alternate member
about whom the question of disqualification has
been raised.
(g) Assignment of personnel. The city manager.
shall assign.adequate staff for the board to carry
submitted into the public
CD62:26 �� 00(ine�tiQr1 v�Ith
I GU
1 on ...-
.2 Walter Foeman
City Clerk
ZONING AND PLANNING
91
§ 62-220
out its responsibilities and duties, including but may include a field check of the site and
limited to, representatives from the departments referral to other departments or agencies
of planning, building and zoning and law. as necessary, to determine any adverse
effect upon the public welfare; and approve
(h) Public record. Minutes of each board meet- or deny standard certificates of appropri-
ing shall be prepared by. staff representatives ateness and standard certificates of ap-
assigned by the city manager, under the supervi- proval.
sion and direction of the board. Copies of -the
minutes and all certificates issued by the board (4) Provide recommendations to the board on
shall be filed with the planning, building and all proposed designations, special certifi-
zoning department. cater of appropriateness, and special certif-
(Ord. No. 10875, § 2,4-25-91; Code 1980, § 62-73) icates of approval, as well as any other item
requested by the board.
Sec. 62-190. Compensation.
Members and alternate members of the board (5) Prepare summary reports .of all decisions
shall serve without compensation, but shall be on special certificates of appropriateness
reimbursed for expenses necessarily incurred in and special certificates of approval, includ-
the performance of their duties, subject to the ing criteria and conditions for approval or
prior approval of the director of the planning, denial.
building and zoning department.
(Ord. No. 10875,§ 2,4-25-9.1; Code 1980, § 62-74) (6) Issue all approved certificates of appropri-
ateness and certificates of approval.
Sec. '62-191. Preservation officer.
The city manager shall appoint a person from
the planning, building and zoning department to
serve as preservation officer to assist the board.
The appointee shall be experienced and knowl-
edgeable in respect to architectural history, urban
design, local history, landscape materials; site -
planning, and land use control regulations. In
addition to such duties as may be set forth in
chapters 17 and 23 of the Miami City Code and
article 7 of the zoning ordinance, the preservation
officer shall:
(1) Schedule meetings of the board, prepare
agendas, and ensure that proper notice is
carried out by persons or departments as-
signed to such duties.
(2) Provide applicable advice, standards, guide-
lines, and procedures to prospective appli-
cants for certificates of appropriateness in
historic sites, historic districts, and arche-
ological zones and for certificates of ap-
proval in environmental preservation dis-
tricts.
(7) Review and approve all final development
plans for historic sites, historic -districts,
archeological zones, and environmental pres-
ervation districts. for compliance with -terms
and conditions of applicable certificates of
appropriateness or certificates of approval,
prior to issuance of any building permit.
(8) Maintain and update the."Official Historic
and Environmental Preservation Atlas of
the City of Miami, Florida" delineating
historic sites, historic districts, archeologi-
cal zones, and environmental preservation
districts.
(9) Work with other departments, public agen-
cies, and private groups as required to
provide a continuing effort to protect and
preserve significant elements of the
manmade and the natural environment
through public education and encourage-
ment of sound preservation policies.
(Ord. No. 10875, § 2) 4-25-91; Code 1980, § 62-75)
(3) Upon receipt of a complete application for a
certificate of appropriateness or certificate
of approval, review such application, which Secs. 62-192-62-220. Reserved.
CD62:27 Submilled into the public
recofd in connection with
item
t-2— l on ��GG
I. Walter Foeman
City Clerk
ZONING § 702
ARTICLE 7. HP HISTORIC. PRESERVATION OVERLAY DISTRICTS*
Sec. 700. Intent.
Chapter 23.1, Historic Preservation, of the,Miami City Code has the intent of preserving and
protecting the heritage of the City of Miami through the restoration, rehabilitation and
adaptive use of Miami's historic and architectural resources. It is the intent of this article to
further promote the adaptive use of historic sites and historic districts by relaxing certain
otherwise applicable zoning regulations if the standards, procedures and conditions set forth
in this article are met.
(Ord. No. 10874,§ 1, 4-25-91j
Sec. 701. Application of district.
No application.for an HP overlay district shall be accepted unless the historic site or historic
district has been designated pursuant to section 23.1-4 of the Miami City Code. Furthermore,
HP overlay districts shall be applied only to said.designated historic sites and historic districts
which shall require a conditional use or deviation, as defined in section 704.1 below, to
encourage or assure their preservation.
HP overlay districts may hereafter be established pursuant to the provisions of article 22,
Amendments, except that all applications for amendments shall be submitted to the historic
and environmental preservation. board, as established pursuant to section 62-70 of the Miami
City Code, for review and recommendation prior to any public hearing on such application by
the planning advisory board or zoning board. Applications for amendments to existing HP
overlay districts shall be processed likewise. Applications for HP overlay districts shall be
exempt from the size limit requirement on the rezoning of property as established in section
2214.1.
(Ord. No. 10874,.§ 1,4-25-91)
Sec. 702. Effect of district.
HP overlay districts shall have the effect of modifying requirements, regulations and
procedures applying in existing zoning districts indicated in the official zoning atlas, or zoning
districts hereafter created and remaining after the HP overlay district is superimposed, to the
extent provided herein. All zoning requirements, regulations and procedures not specifically
modified by the HP overlay shall remain in full force and _effect.
(Ord. No. 10874, § 1, 4-25-91)
*Editor's note—Ord. No.. 10874, § 1, adopted Apr. 25, 1991, repealed former Art. 7 of the
zoning ordinance, §§ 700-711, relative to heritage conservation overlay districts, and enacted
new provisions as Art. 7, §§ 700-705. Formerly, Art. 7 derivedg�oUN(��tdNt�1Q�F,Q� t}�Oe�ae
zoning ordinance, adopted Mar. 8, 1990. F�
recon in connection with
item on
Supp. No. 5 301 "0 Walter Foeman
e L City Cleric
703
MIAMI, FLORIDA
0__
Sec. 703. Historic and environmental preservation board; preservation officer.
The historic and environmental preservation board (hereinafter referred to as the "board"
and the preservation officer as established pursuant to sections 62- r 0 and 62-75 of the Miami
City Code shall carry out the duties as assigned by this article.
(Ord. No. 10874, § 1, 4-25-91)
Sec. 704. Conditional uses and deviations.
704.1. Types of conditional uses and deviations permissible. .
704.1.1. Conditional uses. Professional offices, tourist and guest homes, museums, and
private clubs or lodges may be permissible as conditional uses. Such uses shall be
permissible only within existing structures that contribute to the historic character of
the historic site or district, as identified in the designation report prepared pursuant
to section 23.1-4(Bx2) of Code of the City of Miami; and shall not be permissible in any
case where the structure(s) of principal historic significance has (have) been destroyed
or damaged beyond repair, unless such structure(s) is (are) reconstructed in accordance
with a certificate of appropriateness approved by the board pursuant to the provisions
of section 23-5 of the Code of the City of Miami. For the .purpose of this section,
reconstruction shall be defined as the act or process of reproducingby new construction
the exact form and detail of a vanished structure as it appeared at a,specific period of
time. Any use authorized pursuant to this section shall comply with all regulations
applicable to the same or similar use in the, most restrictive zoning classification
permitting such use, to the extent such regulations have not been modified pursuant
to this section.
704.1.2. Deviations concerning historic structures. The board may vary the provisions of
article 11, Nonconformities, to the extent indicated herein. Any structure that
contributes to the historic character of a historic site or historic district, as identified
in the aforementioned designation report, shall be permitted to be repaired, restored,
structurally altered, or reconstructed, notwithstanding any conflicts with provisions of
the underlying zoning district pertaining to minimum lot size, setbacks, minimum lot
width, maximum height, building footprint, green space, offstreet parking or loading
requirements. New structures or additions to existing structures may also be autho-
rized by the board when necessary to encourage the preservation of historic sites and
historic districts. Historic signs shall be permitted to remain and to be repaired,
restored, structurally altered, or reconstructed.
704.1.3. Deviations concerning additions and new buildings. In cases where the configura-
tion of an HP district precludes reasonable and appropriate use of the property within
the underlying zoning district envelope, a deviation of up to twenty (20) percent from
the underlying zoning district requirements for maximum height; building footprint,
and green space may be authorized by the board.
Submitted into the public
repos lin connection wi h
Supp. No. 5 302 item on .��5A2
Walter Foeman
�� -_ City Cleat
ZONING
§ 704
704.1.4. Deviations concerning offstreet parking. In cases where the size or configuration of
an HP district is such that compliance with offstreet parking requirements would
destroy the historic character of the property, the board may authorize a reduction of
up to one-third (1h) of the number of parking spaces that would ordinarily be required
for a new structure of equivalent use and floor area. For private .clubs or lodges, up to
seventy-five (75) percent of the required off-street parking spaces may be provided by
valet parking, provided that an attendant shall remain on duty during business hours
and that all valet activities shall be conducted on private property.
704.2. Procedures for granting conditional uses and deviations.
704.2.1. Application for a special certificate of appropriateness. An application for a special
certificate of appropriateness shall be submitted pursuant to the provisions of section
23.1-5 of the Miami City .Code. In addition, the application shall contain a written
statement justifying the requested conditional use or deviation.and providing evidence
that the conditional use or deviation is necessary to encourage or assure the continued
preservation of the designated historic structure.
704.2.2. Notice and hearings, generally. The board shall hold a public hearing with notice as
set forth in section 62-55 (1 through 4) of the Miami City Code.
704.2.3. Decision of the board. The board shall make findings based upon the standards set
forth in section 704.3 and shall take one (1) of the following actions:
1. Issuance of a special certificate of appropriateness for the conditional use or
deviation proposed by the applicant; or
2. Issuance of a special certificate of appropriateness with specific modifications and
conditions; or
3. Denial of a, special certificate of appropriateness.
704.2.4. Requirement for Special Exception. A Special Exception with city commission
approval shall also be required for private clubs or lodges. Said Special Exception shall
not be considered by the zoning board and city commission until the historic and
environmental preservation board has acted pursuant to section 704.2.3.
704.3. Standards.
In addition to guidelines for issuing certificates of appropriateness as set forth in section
23.1-5(C) of the Miami City Code, the board shall determine that the following standards have
been met before reaching a decision to grant a special certificate of appropriateness:
1. The conditional use or deviation shall provide a public benefit and shall be the
minimum necessary to encourage or assure the continued preservation of the historic
structure; and
2. The conditional use or deviation shall be in harmony with the general intent and
purpose of this article and shall not be injurious to the neighborhood or otherwise.
detrimental to the public welfare; and
Submitted into the public
Stipp. No. s 303 recof . in connection wit
II;eQI'1
on
�ea
Walter Foeman
3 City Clerk
D
§ 704
MIAMI, FLORIDA
0
3. The project shall be designed and sited in a manner that minimizes the impact ori the
surrounding areas in terms of vehicular ingress and egress, offstreet parking, pedes-
trian safety and convenience, public utilities and services, lighting, noise, or potential
adverse impacts; and
4. For private clubs or lodges, the minimum lot size shall be fifteen thousand (15,000)
square feet. For private clubs, hours of operation shall not extend beyond eleven o'clock
(11:00) P.M.
704.4. Conditions and safeguards.
704.4.1. The board may impose conditions and safeguards. In granting any conditional use
ordeviation, the board may prescribe appropriate conditions and safeguards necessary
to protect and further the interest of the area and abutting properties, including, but
not limited to, landscape materials, walls, and fences as required buffering; miodifica-
tions of the orientation of any openings; modification of site arrangements; and control
of manner or hours of operation.
704.4.2. Requirements for substantial rehabilitation. As a condition of granting a condi-
tionaluse or substantial deviation, as determined by the board at the time of granting
the special certificate of appropriateness, the board may require that the structure(s)
for which the conditional use or deviation is (are) requested be substantially rehabil-
itated in accordance .with the South Florida Building Code, the National Fire
Prevention Code, the U.S. Secretary of the Interior's "Standards for Rehabilitation,"
and any other applicable .codes and regulations.
704.4.3. Requirements concerning time limitations. In granting a special certificate of
appropriateness; the board shall, as a condition or safeguard, specify a reasonable
limitation of time within which an application for a building permit, if applicable, shall
be made. In addition, the board may prescribe a reasonable limitation of time within
which rehabilitation shall be commenced. or completed, or both. Failure to meet such
time limitations shall result in the cancellation of the special certificate of appropri-
ateness unless, on application to the board and on due cause shown, the board shall
extend the time limitation originally set. Such application shall be filed with the
preservation officer not less than thirty (30) calendar days prior to the date of
expiration of the certificate of appropriateness. If the application for an extension of
time is denied by the board, it shall state in writing its reasons for the action of denial.
Extensions in six-month increments may be granted, but in no case shall more than
two (2) extensions be granted for a specific certificate of appropriateness.
704.4.4. Requirements concerning demolition. In cases where a property owner through his
prior application has been granted a conditional use or substantial deviation, as
determined by the board at the time of granting the special certificate of appropriate-
ness, the board shall have the authority to deny a certificate of appropriateness for
demolition of the subject historic structure(s) under the provisions of section 23.1-
5(C)(2)(a) of the Miami City Code.
(Ord. No. 10874, § 1, 4-25-91; Ord. No. 11497, § 1, 5-22-97; Ord. No. 11519, § 2, 6-26-97)
Supp. No. 5 304 Submitted into the public
rec®r in connection wr h
it on
waiter Foeman
City Clerk.
ZONING § 705
Sec. 705. Appeals.
Appeals of any decision of the board shall follow the same procedures as set forth in section
23.1-5(B)(4)(e) of the Miami City Code.
(Ord. No. 10874, .§ 1. 4-25-91)
Supp. No. 5 305
Submitted into the public
record in connetion with
item — 0
Walter Foeman
city cleft
(The next page is 3191
Chapter 23
HISTORIC PRESERVATION*
Sec. 23-1. Intent and purpose.
Sec. 23-2. Definitions.
Sec. 23-3. Historic and environmental preservation board; preservation
officer.
Sec. 23-4. Designation of historic sites, historic districts, and archeological
zones.
Sec. 23-5. Certificates of appropriateness.
Sec. 23-6. Administration, enforcement, violations, and penalties.
*City Code cross references—Overtown Advisory Board, § 2-1051 et.%q.; historic and environmental preservation bo1 ard, §
62-186 et seq.
Submitted Into the public
CD23:1 �- reco lin 1connecti%wh
itemon _���
Walter Foerrhan
e ` City Clerk
!YJ�S6rJ
•
HISTORIC PRESERVATION
Sec. 23-1. Intent and purpose.
(a) The intent of this chapter is to preserve and
protect the heritage of the city through the iden-
tification, evaluation, rehabilitation, adaptive use,
restoration, and public awareness of Miami's his-
toric, architectural, and archeological resources.
This chapter is further intended to:
(1) Effect and accomplish the protection, en-
hancement, perpetuation, and use of struc-
tures, landscape features, archeological re-
sources, areas, neighborhoods, and scenic
vistas which represent distinctive elements
of the city's historic, cultural, archeologi-
cal, aesthetic, and architectural heritage.
(2) Foster civic pride in the accomplishments
of the past.
(3) Protect and enhance the aesthetic and en-
vironmental character, diversity, and inter-
est of neighborhoods.
(4) Stabilize. and improve property values in
neighborhoods and in the city as a whole.
(5) Protect and enhance the city's attraction to
residents, tourists, and visitors and thereby
serve as a support and. stimulus to the
economy.
(6) Promote the use of historic sites, historic
districts, and archeological zones for the
education, pleasure, and welfare of the
people of the city.
(b) The purpose of this chapter is to:
(1) Provide the framework and legal mecha-
nism for identifying and designating those
properties that have major significance in
the city's historic, cultural, archeological,
aesthetic, and architectural heritage.
(2) Assure that alterations and .new construc-
tion within designated historic sites, his-
toric districts, and archeological zones .are
compatible with the property's historic char-
acter.
(Ord. No. 10875, § 1, 4-25-91; Code 1980,_.§ 23.1-1)
Sec. 23-2. Definitions.
The following definitions shall apply only to
this chapter:
Alteration. Any change affecting the exterior
appearance of a structure or its setting by addi-
1
§ 23-2
tions, reconstruction, remodeling, or maintenance
involving change in color, form, texture, signs, or
materials, or any such changes in appearance of
designated interiors.
Applicant. The owner of record of a property
and/or structures located thereon, or his legal
representative.
Application, complete. An application for ap-
proval sought pursuant to this chapter shall be
deemed complete if it is on a form approved by the
city and all applicable information is provided by
the applicant on the form, or attachment(s) as
necessary, at the time of its filing and it has been
reviewed and signed by the appropriate official
and if all required fees are paid. In the event a
complete application has not been heard by the
appropriate board within 90 days of filing, it shall
be deemed withdrawn and a new application
must be filed.
Archeological conservation area. A geographi-
cally defined area delineated in the Miami com-
prehensive neighborhood plan on the future land
use plan map series entitled "Historic District
Boundaries and Historically Significant Proper-
ties Meriting Protection."
Archeological site. A single specific location
which has yielded or is likely to yield information
on local history or prehistory. Archeological sites
may be found within archeological zones, historic
sites, or historic districts.
Archeological zone. A geographically defined
area which may reasonably be expected to yield
information on local history or prehistory based
upon broad prehistoric or historic settlement pat-
terns.
Certificate of appropriateness. A written docu-
ment, issued pursuant to this chapter, permitting
specified alterations, demolitions, or. other work.
Contributing structure /landscape feature. A
structure or landscape feature which by location,
design, setting, materials, workmanship, feeling,
and association adds to the sense of time and
place and historical development of a historic site
or historic district.
Demolition. The complete destruction of a struc-
ture, or any ,part thereof:
CD23:3 Submitted into the public
recta in connects n with
itern`1 I on
t Walter Foeman
Citv Clark
§ 23-2 MIAMI CODE
Designated property; designated historic site;
designated historic district; designated archeolog-
ical zone. A historic site, historic district, or ar-
cheological zone designated pursuant to either
this chapter or article 16 of Ordinance No. 9500,
the previous zoning ordinance of the city, as
amended, and shown in the historic and environ-
mental preservation atlas.
Ground disturbing activity. Any excavation, fill-
ing, digging, removal of trees, or any other activ-
ity that may alter or reveal an interred archeo-
logical site.
Historic and environmental preservation atlas.
The Official Historic and Environmental Preser-
vation Atlas of the City of Miami, Florida, which
shows all designated historic sites, historic dis-
tricts, and archeological zones.
Historic district. A geographically defined area
possessing a significant concentration, linkage, or
continuity of sites or structures united histori-
cally or aesthetically by plan or physical develop-
ment.
Historic site. A geographically defined area con-
taining a structure or site, or a historically re-
lated complex of structures or sites, which has a
special character or a special historic or aesthetic
interest or value as part of the heritage of the city.
Landscape feature. Vegetation, geological fea-
tures, ground elevation, bodies of water or other
natural or environmental features.
Ordinary maintenance or repair. Any work, the
purpose and effect of which is to correct any
deterioration or decay of a structure or landscape
feature, or any part thereof, by restoring it, as
nearly as may be practicable, to its condition prior
to such deterioration or decay, using the same
materials or those materials available which are
as close as possible to the original.
Rehabilitation. The act or process of returning
a property to a state of utility through repair or
alteration which makes possible an efficient con-
temporary use while preserving those portions or
features of the property which are significant to
its historical, architectural, and cultural values.
Relocation. Any change of the location of a
structure in its present setting or to another
setting.
Restoration. The act or process of accurately
recovering the form and details of a property and
its setting as it appeared at a particular period of
time by means of the removal of later work or by
the replacement of missing earlier work.
Site. The location of a significant event, a pre-
historic or historic occupation or activity, or a
structure, whether standing, ruined, or vanished,
where the location itself possesses historic, cul-
tural, or archeological value regardless of the
value of any existing structure.
Structure. Anything constructed or erected, the
use of which requires a fixed location on the
ground or attachment to something having fixed
location on the ground.
Unreasonable or undue economic hardship. An
onerous and excessive financial burden that de-
stroys reasonable and beneficial use of property
and that would amount to the taking of property
without just compensation, or failure to achieve a
reasonable economic return in the case of income-
producing properties.
(Ord. No. 10875, § 1, 4-25-91; Code 1980, § 23.1-2)
Sec. 23-3. Historic and environmental pres-
ervation board; preservation of-
ficer.
The historic and environmental preservation
board (hereinafter referred to as the "board") and
the preservation officer, as established pursuant
to sections 62-186 and 62-191 of the Code, shall
carry out the duties as assigned by this chapter.
(Ord. No. 10875, § 1, 4-25-91; Code 1980, § 23.1-3)
Sec. 23-4. Designation of historic sites, his-
toric districts, and archeological
zones.
(a) Criteria for designation. Properties may be
designated as historic sites, historic districts, or
archeological zones only if they have significance
in the historical, cultural, archeological, aes-
thetic, or architectural heritage of the city, state,
CD23:4
Submitted into the public
recorconnection wit
U
iterrl I or, G
Walter Foeman
City Clerk
u
Ci
HISTORIC PRESERVATION $ 23-4
or nation; possess integrity of design, setting, may require the party initiating such pro -
materials, workmanship, feeling, and association; posal to provide any necessary documenta-
and meet one or more of the following criteria: tion, and to pay any applicable fees.
(1) Are associated in a significant way with the (2)
Preparation of designation report. For ev-
life of a person important in the past;
ery proposed historic site, historic district,
(2) Are the site of a historic event with signif-
and archeological zone, the planning, build-
icant effect upon the community, city, state,
ing and zoning department shall prepare a
designation report containing the following
or nation;
information:
(3) Exemplify the historical, cultural, political,
a. Designation report. The designation re'
economical, or social trends of the commu-
port .shall contain a statement of the
nity;
historic, architectural, and/or archeo-
(4) Portray the environment in an era of his-
logical significance of the proposed his-
tory characterized by one or more distinc-
toric site, historic district, or archeo-
tive architectural styles;
logical zone; the criteria upon which
(5) Embody those distinguishing characteris-
the designation is based; a physical
tics of an architectural style, or period, or
ties
description of the property; an identi-
of construction;
fication of contributing structures and/or
landscape features; present trends and
(6) Are an outstanding work of a prominent
conditions; and incentives to encour-
designer or builder;
age preservation, rehabilitation, or
(7) Contain elements of design, detail, materi-
adaptive use.
- _ als, or craftsmanship of outstanding qual-
b. Boundaries. The designation report
ity or which represent a significant innova-
shall include a map or maps indicating
tion or adaptation to the South Florida
proposed boundaries. Boundaries for.
environment; or
historic sites shall generally include
(8) Have yielded, or may be likely to yield,
the entire property or tract of land,
information important in prehistory or his- _
unless such tract is so large that por-
tory.
tions thereof are visually and function -
ally unrelated to any contributing struc-
(b) Procedures for designation. Properties which
ture or landscape feature. Historic
meet the criteria set forth in subsection (a) may
district boundaries shall in general be
be designated as historic sites, historic districts,
drawn to include all contributing struc-
and archeological zones according to the following
tures reasonably contiguous within an
procedures:
area and may include properties which
(1) Proposals and preliminary evaluation: Pro-
individually do not contribute to the
posals for designation may be made to the
historic character of the district, but
board by any one of its members, the city
which require regulation in order to
commission, the planning, building and
control potentially adverse influences
on the character and integrity of the
zoning department, any other city depart-
district. Archeological zone boundaries
ment, agency, or board, the Metropolitan
Dade County historic board,
shall generally conform to natural physi-
.preservation
or any interested citizen. The board shall
ographic features which were the focal
conduct a preliminary evaluation of the
points for prehistoric and historic ac -
data provided in the proposal for conform-
tivities or may be drawn along prop-
ance with criteria set forth in subsection
erty lines, streets, or geographic fea-
(a); .and shall, if appropriate, direct the
tures to facilitate efficient management.
planning, building and zoning department
c. Interiors. Interior spaces that have ex -
to prepare a designation report. The board
ceptional architectural, artistic, or his -
Submitted into the public
CD23:5
recd in connection wi h
�o
uteroice= ! on -:5 l
; . { Taller Foeman
` 4
City Clerk
§ 23-4
MIAMI CODE
11
toric importance and that are custom-
be charged the appropriate fee as set
arily open to the public may be subject
forth in section 62-156 for the mailing.
to regulation under this chapter. The
For the purpose of this requirement,
designation report shall describe pre-
the names and addresses of property
cisely those features subject to review
owners shall be deemed those appear -
and shall set forth standards and guide-
ing on the latest tax rolls of the city.
lines for such regulations. Interior
The preservation officer, or his/her des -
spaces not so described shall not be
ignee, shall certify at the time of the
subject to review under this chapter.
public hearing that notice as herein
(3) Notice and public hearing. The board shall
required was given to the persons as
conduct a public hearing to determine
named and with addresses shown on
whether the proposed historic site, historic
his certification by the placing in the
district, or archeological zone meets the
mail system of the United States on
criteria set forth in subsection (a) and shall
the date certified the herein required
approve, amend, or deny the proposed des-
notice; the certification shall be conclu-
ignation. The board may rehear proposals
sive of the giving of such notice; in the
based upon policies set forth in its rules of
case of condominiums, notice will be
procedure. All public hearings on designa-
sent solely to the condominium associ-
tions conducted by the board and hearings
ation. No action taken by the board, or
on administrative appeals of board deci-
the city commission, as the case may
sions regarding designations shall be no-
be, shall be voided by the failure of an
ticed as follows:
individual property owner or property
owners to receive notice pursuant to
a. The owner of property or his desig-
this subparagraph.
nated agent or attorney, if any, which
is the subject of such designation shall
(4) Historic and environmental preservation
be notified by mail at least 30 days
atlas. Historic sites, historic districts, and
prior to the board's meeting and 15
archeological zones designated pursuant to
days prior to subsequent administra-
subsection (bx3) above shall be shown in
five appellate hearings. The owner shall
the "Official Historic and Environmental
receive a copy of the designation report
Preservation Atlas of the City of Miami,
unless there are more than 20 owners,
Florida."
in which case the notice shall state
(5) Appeals. The property owner, any one mem-
that a copy is available and where it
ber of the city commission, the planning,
may be obtained.
building and zoning department, or any
b. An advertisement shall be placed in a
aggrieved party may appeal to the city
newspaper of general circulation at
commission any decision of the board on
least ten days prior to the hearing.
matters relating to designations by filing
within 15 calendar days after the date of
c. Signs shall be posted pursuant to sec-
the decision a written notice of appeal with
tion 62-129(2)a, as amended, of this
the hearing boards division of the plan -
Code.
ning, building and zoning department, with
d. Notice of the time and place of the
a copy to the preservation officer. Such
public hearing by the board, or city
notice of appeal shall set forth concisely the
commission, as the case may be, shall
decision appealed from and the reasons or
be sent at least ten days in advance of
grounds for the appeal. Each appeal shall
the hearing by mail to all owners of
be accompanied by a fee of $400.00, plus
property within 375 feet of the prop-
$3.00 per mailed notice required pursuant
erty lines of the land for which the
to subsection (b)(3). The city commission
hearing is required. The applicant shall
shall hear and consider all facts material to
CD2:3:6 Submitted into the public
record inconnecti n with
a Item �� I on,,'u
U Walter Foeman
City Clerk
rJ
HISTORIC PRESERVATION
0
§ 23-5
the appeal and render a decision promptly.
request of the applicant; the preservation
The city commission may affirm, modify, or
officer, or any member of the board, an
reverse the board's decision. Any decision
additional preapplication conference shall
to reverse the board's decision shall require
be held between the applicant and the
a three-fifths vote of all members of the city
board or its designated representative. The
commission. Appeals from decisions of the
purpose of such conference shall be to fur -
city commission may -be made to the courts
ther discuss and clarify preservation objec-
as provided by the Florida Rules of Appel-
tives and design guidelines in cases that
late Procedure. The provisions of section
may not conform to established objectives
23-5 shall remain in effect during- the en-
and guidelines. In no case, however, shall
tire appeal process, unless stayed by a
any statement or representation made prior
court.of competent Jurisdiction.
to the official application review be binding
(6) Amendments. The board may amend any
on the board, the city commission, or any
designation by following the same proce-
city department.
dures as set forth in this section. The board
(2) Application for certificate of appropriate -
may likewise rescind any designation if the
ness. The applicant shall submit to the
structure or feature of principal historic.
preservation officer an application together
significance has been demolished or de-
with supporting exhibits and other materi-
stroyed.
als required by the rules of procedure of the
(c) Effect of designation. Upon designation, there-
board. No application shall be deemed to be
after,until
after, the provisions of section 23-5.shall apply.
all supporting materials re -
(Ord. No. 10875, § 1, 4-25-91; Ord. No. 11200, § 3,
quired have been provided and any estab-
11-17-94; Code 1980, § 23.1-4)
lished fees paid.
(3) Standard certificates of appropriateness.
Sec. 23-5. Certificates of appropriateness.
Where the action proposed in an applica-
(a) Certificates of ,appropriateness, when re-
tion is a minor improvement, as specified
.
quired. A certificate of appropriateness shall be
by the rules of procedure of the board, and
required for any new alteration;
is in accord with the guidelines for issuing
,construction,
relocation, or demolition within a designated his-
certificates of appropriateness as set forth
toric site or historic district. A certificate of appro-
in subsection (c),. the preservation officer
priateness shall be required for any ground dis-
shall, within ten calendar days of receipt of
Curbing activity within a designated archeological
the complete application, issue a standard
site or archeological zone or within an archeolog-
certificate of appropriateness, with or with -
ical conservation area. No permits shall be issued
out conditions, indicating in writing confor-
by.the planning, building and zoning department
mity.with said guidelines. Following such
for any work requiring a certificate of appropri-
approval, permits dependent upon it may
ateness unless such work is in conformance with
be issued if otherwise lawful.
such certificate.
(4) SpeciaL certificates of appropriateness. Where
or issuing
(b) Procedures f ng certificates of appro-
the action proposed in an application in -
priateness.
volves a major alteration, relocation, or
demolition, as specified by the rules of
(1) Preapplication conference(s). Before submit-
procedure of the board, or where the pres-
ting an application for a certificate of ap-
ervation officer finds that the action pro-
propriateness, an applicant is encouraged
posed in an application involving a minor
to confer .with the preservation officer to
alteration is not clearly in accord with the
obtain. information and guidance before en-
guidelines as set forth in subsection (c), the
tering into binding commitments or incur-
application shall be classified as a special
ring substantial expense in the preparation
certificate of..approphateness, and the fol -
of plans, surveys, and. other data. At the
lowing procedures shall govern. The appli-
Submitted Into the public
CD23:7 record in connecti with
item on
.� .: Walter Foeman
L City Clerk
§ 23-5
MIAMI CODE
cant may also request that his application
be classified as a special certificate of ap-
propriateness.
Public hearing. When a complete ap-
plication is received, the preservation
officer shall place the application on
the next regularly scheduled meeting
of the board. The board shall hold a
public hearing with notice of the appli-
cation and the time and place of the
hearing as follows:
1. The applicant shall be notified by
mail at least ten calendar days
prior to the hearing.
2. Any individual or organization re-
questing such notification and pay-
ing any established fees therefor
shall be notified by mail at least
ten calendar days prior to the hear-
ing.
3. An advertisement shall be placed
in a newspaper at least ten calen-
dar days prior to the hearing.
4. Any additional notice deemed ap-
propriate by the board.
b. Decision of the board. The decision of
the board shall be based upon the
guidelines set forth in subsection (c),
as well as the general purpose and
intent of this chapter and any specific
design guidelines officially adopted for
the particular historic site, historic dis-
trict, or archeological zone. No decision
of the board shall result in an unrea-
sonable or undue economic hardship
for the owner. The board may seek
technical advice from outside its mem-
bers on any application. The decision
of the board shall include a complete
description of its findings, and shall
direct one of the following actions:
1. Issuance of a special certificate of
appropriateness for the work pro-
posed by the applicant;
2. Issuance of a special certificate of
appropriateness with specified
modifications and conditions;
•
3. Denial of a special certificate of
appropriateness, subject to the lim-
itations in subsection (cX2)a; or
4. Issuance of a special certificate of
appropriateness with a deferred
effective date of up to six months
-in cases of demolition or relocation
of a contributing structure or land-
scape feature, pursuant to the pro-
vision of subsections (cX2), (3), and
.(4), or up to 45 calendar days for
any work potentially affecting an
archeological site, archeological
zone, or archeological conserva-
tion area, pursuant to the provi-
sions of subsection (c)(5).
c. lime limitations. If no action is taken
upon an application by the board within
60 calendar days, excluding those days
within the month of August, from the
receipt of a complete application, such
application shall be deemed to have
been approved; and the preservation
officer shall authorize issuance of any
permit dependent upon such certifica-
tion, if otherwise lawful, recording as
authorization the provisions of this sec-
tion. This time limit may be waived at
any time by mutual consent of the
applicant and the board.
d. Records. Written copies of all decisions
and certificates of appropriateness shall
be filed with the planning, building
and zoning department.
e. Appeals. The applicant, the planning,
building and zoning department, or
any aggrieved party may appeal to the
city commission any decision of the
board on matters relating to certifi-
cates of appropriateness by filing within
15 calendar days after the date of the
decision a written notice of appeal with
the hearing boards division of the plan-
ning, building and zoning department,
with a copy to the preservation officer.
The notice of appeal shall set forth
concisely the decision appealed from
and the reasons or grounds for the
appeal. Each appeal shall be accompa-
Submitted into the public
CD23:8 recor in connection with
item 2= on ? cu
r+ a L waiter Foeman
V City Clerk
•
HISTORIC PRESERVATION
FA"
§ 23-5
nied by a fee of $400.00. The city (c) Guidelines for issuing certificates of appro-
commission shall hear and consider all priateness.
facts material to the appeal and render (1) Alteration of existing structures, new Ion-
a decision promptly. The city commis-* struction. Generally, for. applications relat-
sion may affirm, modify, or reverse the ing to alterations or new construction as
board's decision. The decision of the required in subsection (a), the proposed
city commission shall constitute final work shall not adversely affect the historic,
administrative review, and no petition architectural, or aesthetic character of the
for rehearing or reconsideration shall subject structure or the relationship and
be considered by the city. Appeals from congruity between the subject structure
decisions of the city commission may and 'its neighboring structures and sur -
be made to the courts as provided by roundings, including but not limited to
the Florida Rules of Appellate Proce- form, spacing, height, yards, materials, color,
dure. or rhythm and pattern of window and door
openings in building facades; nor shall the
f. Changes in approved work. Any change proposed work adversely affect the special
in work proposed subsequent to the character or special historic, architectural
issuance of a certificate of appropriate- or aesthetic interest or value of the overall
ness shall be reviewed by the preser- historic site or historic district. Except where
vation officer. If the. preservation of- special standards and guidelines have been
facer finds that the proposed change specified in the designation of a particular
does not materially affect the property's historic site or historic district, or where
historic character or that the proposed the board has subsequently adopted addi-
change is in accord with approved guide- tional standards and guidelines for a par -
lines, standards, and certificates of ap- ticular designated historic site or historic
propriateness, the officer may issue a district, decisions relating to alterations or
supplementary standard certificate of new construction shall be guided by the
appropriateness for such change. If the U.S. Secretary of the Interior's "Standards
proposed change is not in accord with for Rehabilitation and Guidelines for Reha-
guidelines, standards, or certificates of bilitating Historic Buildings."
appropriateness previously approved (2) Demolition of existing structures.
by the board, a new application for a a. The board shall have authority to deny
special certificate of appropriateness a demolition permit only where such
shall be required. authority is provided as a condition of
granting a conditional use or substan-
g. Conditional uses and deviations. The tial deviation under the provisions of
board shall issue special certificates of section 704.4.4 of Ordinance Number
appropriateness for conditional uses 11000, the zoning ordinance of the city,
and deviations, pursuant to the provi- as amended.
sions of article 7 of Ordinance No. b. Except as provided in subsection (c)(2)a
11000, the zoning ordinance of the city above, the board may grant a certifi-
as amended. cate of appropriateness with a delayed
effective date of up to six months. The
(5) Expiration of certificates of appropriate- effective date shall be determined by
ness. Any certificate of appropriateness is- the board based upon the relative sig -
.sued pursuant to the provisions of this nificance of the structure, the probable
section shall expire 12 months fromthe time to arrange an alternative to dem-
date of issuance, unless the authorized olition'and whether the applicant has
work is commenced within this time pe-. made a clear determination of unrea-
riod. sonable or undue economic hardship.
Submitted into the public
CD23:9 recor in connection 1nlith
y item on _s �'
Walter Foeman
City Clerk
§ 23-5
MIAMI CODE
c. During the demolition delay period,
the board may take such steps as it
deems necessary to preserve the struc-
ture concerned, in accordance with the
intent and purpose of this article. Such
steps may include, but shall not be
limited to, consultation with civic
groups, public agencies, and interested
citizens, recommendations for acquisi-
tion of property by public or private
bodies or agencies, and exploration of
the possibility of relocating the subject
structure.
d. During the demolition delay period,
the owner shall permit access to the
subject property for the purpose of
appraisals and inspections required by
the board. If the board finds that the
owner has refused a "bona fide" offer to
purchase or otherwise provide compen-
sation for the subject structure or prop-
erty for fair market value by any pub-
lic or private person or agency which
gives reasonable assurance of its will-
ingness to preserve such structure on
its original site or on a site approved
by the board, it may invalidate the
certificate of appropriateness, follow-
ing a public hearing.
e. The board may require, at the
applicant's expense, salvage and pres-
ervation of significant building materi-
als, architectural details and orna-
ments, fixtures, and the like for reuse
in restoration of other historic proper-
ties. The board may also require at the
applicant's expense the recording of
the structure for archival purposes prior
to demolition. The recording may in-
clude, but shall not be limited to, pho-
tographs and measured drawings.
(3) Relocation of existing structures. Reloca-
tion of historic structures from their origi-
nal location shall be discouraged; however,
the board may grant a certificate of appro-
priateness if it finds that no reasonable
alternative is available for preserving the
structure on its original site and the pro-
posed relocation site is compatible with the
•
historic and architectural character of the
structure. The board may issue a certifi-
cate with a delayed effective date of up to
six months in order to explore alternatives
to relocating the structure in question.
(4) Removal of landscape features.
a. No certificate of appropriateness shall
be granted for removal, relocation, con-
cealment or effective destruction by
damage of any contributing landscape
features identified in the designation
report unless one of the following con-
ditions exists:
1. The landscape feature is located in
the buildable area or yard area
where a structure may be placed
and unreasonably restricts the per-
mitted use of the property; or
2. The landscape feature is inappro-
priate in a historic context or other-
wise detracts from the character of
the historic site or historic district;
or
3. The landscape feature is diseased,
injured, or in danger of falling;
unreasonably interferes with util-
ity service; creates unsafe vision
clearance; or conflicts with other
applicable laws and regulations.
b. As a condition of granting the certifi-
cate of appropriateness, the applicant
may be required to relocate or replace
identified landscape features.
(5) Ground disturbing activity in archeological
zones, archeological sites, or archeological
conservation areas.
C D23:10
a. No certificate of appropriateness shall
be issued for new construction, excava-
tion, tree removal, or any other ground
disturbing activity until the county ar-
cheologist has reviewed the applica-
tion and made his recommendation
concerning the required scope of arche-
ological work. The board may require
any or all of the following:
1. Scientific excavation and evalua-
tion of the site at the applicant's
expense by an archeologist ap-
proved by the board.
Submitted into the public
reCorjd.,jn connection WO
U " Lam, item ( on/2�j�/
!/alter Foeman
r City Clerk
HISTORIC PRESERVATION
2. An archeological survey at the
applicant's expense conducted by
an archeologist approved by the
board containing an assessment of
the significance of the archeologi-
cal site and an analysis of the
impact of the proposed activity on
the archeological site.
3. Proposal for mitigation measures.
4. Protection or preservation of all or
part of the archeological site for
green space, if the site is of excep-
tional importance and such denial
would not unreasonably restrict
the primary use of the property.
b. The board may issue a certificate of
appropriateness. with a delayed effec-
tive date of.up to 45 calendar days to
all any necessary site excavation or
assessment.
C. The county archeologist shall assist
the board by providing review of'any
professional archeological surveys and
excavations conducted pursuant to a
certificate of appropriateness.
(Ord. No. 10875, § 1, 4-25-91; Ord. No. 11200, § 3)
11-17-94; Code 1980, § 23.1-5)
Sec. 23-6. Administration, enforcement, vio-
lations, and penalties.
(a) Ordinary maintenance and repair. Nothing
in this chapter shall be construed to prevent or
discourage the ordinary maintenance or repair of
any structure when such maintenance or repair
does not constitute an alteration, or to prevent
the ordinary maintenance of landscape features.
(b) Enforcement of maintenance and repair pro-
visions. When the board or preservation officer
determines that any designated property is en-
dangered by lack of maintenance and repair, or
that any other property in visual proximity to a
designated property lacks maintenance and re-
pair to such an extent as to detract from the
character of the designated property, the board or
Officer may request appropriate officials or agen-
cies of the city to require correction of such
deficiencies under authority of applicable laws
and regulations.
§ 23-6
(c) Unsafe structures. In the event the building
official of the city determines that any designated
property is unsafe pursuant to section 202 of the
South Florida Building Code, he shall immedi-
ately notify the board with copies of such findings.
Where reasonably feasible within applicable laws
and regulations, the building official shall en-
deavor to have the structure repaired rather than
demolished and shall take into consideration any
comments and recommendation of the board. The
board may take appropriate actions to effect and
accomplish preservation of such structure, includ-
ing, but not limited to, negotiations with the
owner and other interested parties, provided that
such actions do not interfere with the procedures
in section 202 of the building code.
(d) Emergency. conditions. For the purpose of
remedying emergency conditions determined to
be imminently dangerous to life, health, or prop-
erty, nothing contained herein shall prevent any
temporary construction, reconstruction, demoli-
tion, or other repairs to a designated property,
.pursuant to an order of a.government agency or a
court of competent jurisdiction, provided. that
only such work as is reasonably necessary to
correct the emergency condition may be carried
out. The owner of a structure damaged by fire or
natural calamity may stabilize the structure im-
mediately and rehabilitate it later under the
provisions of this chapter.
(e) Enforcement. The planning, building and
zoning department and the code inspectors as
defined in section 2-813 shall assist the board by
making necessary inspections in connection with
the: enforcement of. this chapter. ' The planning,
building and zoning department shall be respon-
sible for promptly stopping any work attempted
to be done without or contrary to any certificate of
appropriateness required under this chapter; and
shall further be responsible for ensuring that any
work not in accordance with a certificate of ap-
propriateness is voluntarily corrected to comply
with said certificate.
(f) Violations and penalties. Any person who
carries out or causes to be carried out any work in
violation. of this chapter shall be required to
restore the designated property either .to its ap-
pearance prior to the violation or in accordance
Submitted into the public
CD23:11 recor in connection with
item I on_dJ
!falter Foeman
City Cleric
§ 23.6
MIAMI CODE
with a certificate of appropriateness approved by
the board. The following procedures shall govern:
(1) Referral to preservation board. The plan-
ning, building and zoning department and
code inspectors as defined in section 2-813
shall refer all violations to the board, un-
less such violation is voluntarily corrected
to comply with a previously issued certifi-
cate of appropriateness.
(2) Preservation board public hearing. The board
shall conduct a public hearing with notice
as set forth in section 23-5(b)(4)a.
(3) Decision of preservation board. The board
shall make findings based upon the provi-
sions of this section and the guidelines set
forth in section 23-5(c) and shall take one of
the following actions:
a. Reaffirmation of a previously issued
certificate of appropriateness;
b. Issuance of an amended special certif-
icate of appropriateness with specified
modifications and conditions; or
c. Issuance of a new special certificate of
appropriateness with specified condi-
tions.
The board may specify a reasonable limita-
tion of time within which the work autho-
rized by the certificate of appropriateness
shall be commenced or completed, or both.
Appeals of any decision of the board shall
follow the same procedures as set forth in
section 23-5(bX4)e.
(4) Referral to code enforcement board. If the
work authorized by any certificate of appro-
priateness issued pursuant to subsection
(f)(3) above is not commenced and/or com-
pleted within the time specified, or if a
subsequent violation of a certificate of ap-
propriateness issued pursuant to this sec-
tion is found, the planning, building and
zoning department and code inspectors as
defined in section 2-813 shall initiate en-
forcement proceedings before the code en-
forcement board pursuant to the provisions
of section 2-814 of the Miami City Code.
This remedy shall be in addition to and not
in lieu of any criminal or civil prosecution
and penalty that may be provided.
(g) Conflicts. Where there are conflicts be-
tween the requirements of this chapter and pro-
visions of the zoning ordinance or other codes
covering the same subject, the most restrictive
requirements shall apply.
(h) Application equally to private parties and
public bodies. The provisions of this chapter shall
apply equally to plans, projects, or work executed
or assisted by any private party, governmental
body or agency, department, authority, or board of
the city, county, or state.
(Ord. No. 10875, § 1, 4-25-91; Code 1980, § 23.1-6)
Submitted into the public
recor in cononecti n
item
CD23:12!Walter Foeman
e City Cleric
D
IN THE CITY OF MIAMI
OFFICE OF HEARING BOARDS
ZONING BOARD
CASE NO.: 2000-0328
DATE OF HEARING: 4/17/00
Applicant: Gatehouse Development Corp.
MOTION TO DENY APPLICATION OF GATEHOUSE
DEVELOPMENT CORPORATION REQUESTING A VARIANCE
FROM ORDINANCE NO. 110009 AS AMENDED THE ZONING
ORDINANCE OF THE CITY OF MIAMI ARTICLE 4, SECTION 401
SCHEDULE OF DISTRICT REGULATIONS, REQUIRED STREET
SIDE SETBACK, TO ALLOW A STREET SIDE YARD SETBACK
OF 65-2.69'(15.0 REQUIRED) FOR AN ELIGIBLE HISTORIC HOME
COMES NOW, Peter B. Sobel, an owner of real estate within 375
feet of the property in the application and moves this Board to deny the
Application for a Variance by Gatehouse Development Corporation on the
following'grounds:
1. The application on its face fails to disclose the contract purchase
agreement alleged to be between the owner and Gatehouse
Development Corporation which owns 99.99% owner interest in
Miami River Park Associates, the developer of the 14 story
building on the north side of 4t' street.
2. There is a substantial difference between an alleged "eligible"
historic home and a designated historic building. There is no proof
that the dilapidated and neglected house proposed to be moved is
in any way historic. The applicants are using the alleged "historic"
house to create federal and state funding and federal tax credits for
themselves.
3. The application fails to substantiate that this home is a designated
and certified historic building and therefore deserves special
consideration by this Board and should be moved to 401 NW 3 ST,
Miami, FL, a lot zoned R-4. See photograph attached.
Submitted into the public
recon in connection with
�1 d item I on a
Walter Foeman
City Cleik
4. The home is a wood frame structure that would not conform to the
Fire Code and South. Florida Building Code, which governs the
City of Miami building and zoning. The zoning rules that apply to
single-family homes in R-1 zoning do not apply to moving wood
frame homes within an R-4 zoning district as alleged by the
applicants. You may be able to build a new single family home in
an R-4 district but you would have to comply with the current
South Florida Building Code and fire safety regulations.
5. The moving of this old house. and putting it on 401 NW 3 ST lot
would depreciate the value of the adjacent properties and devalue
Peter B. Sobel's property located at 421 NW 3 ST, Miami, FL,'
which is also zoned R-4. It would inhibit future development of
new buildings on the north side of 3rd street where Mr. Sobel owns
property.
6. The applicant, Gatehouse Development Corporation, is creating
the need for this application by their own selfish desire to build a
14 story high rise. with 180 apartments and parking garage on the
north side of 4th street. The high rise is across from the house they
are moving which is now located at 428 NW 4 ST. They plan to
use the lot they are vacating to move a house, which now is on the
north side of 4`" street. The high-rise apartment complex is not in
harmony with the neighborhood and is detrimental to the harmony
of the neighborhood. The unnecessary moving of two houses is
creating the' alleged need for set back variances that are requested
in the application. The developer claims it is working with the
state .of Florida, city and Dade Heritage Trust but this application is
just a way for the developer to make a token gesture to appease the
Dade Heritage Trust. The real purpose behind this application is to
hamper future development of this area so the applicant can build a
high rise and parking garage. There is no benefit to this area zoned
R-4 to move two houses to make room for the building on the
north side of 4`h street. Also the house to be moved from 428 NW
3 ST does not fit the corner lot nor is it appropriate to put a single
family wood frame home on this lot zoned R-4.
Submitted into the public
recon in connection with
item on _5_L�LL
Walter Foeman
City Qe(k
7. The application does not disclose the necessary facts to allow this
Zoning Board to make an informed decision on the merits of the
application.
WHERE FOR the application should be denied.
Peter B. Sobel, Iffsq.
Property Owner
421 NW 3 ST
Miami, FL 33128'
(305) 539-1700
I HEREBY CERTIFY that the above motion was faxed to Adrienne
F. Prado, Esq. Of the law firm of Greenberg Traurig, attorney's for
applicants, 1221 Brickell Avenue, Miami, FL 33 13 1, this 17`h day of
April, 2000.
Peter B. Sobel,E q.
Property Owner
into the public
Submitted ,rith.
reco6 . connectio
on 5/co
item T V48VterF� G� n