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HomeMy WebLinkAboutR-99-01570 J-99-123(a) 2/23/99 RESOLUTION NO 9 9 - 15'7 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A CHANGE OF OWNERSHIP FOR AN EXISTING COMMUNITY BASED RESIDENTIAL FACILITY, FOR THE PROPERTY LOCATED AT 189 NORTHEAST 26TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, SUBJECT TO THE FOLLOWING: THE FACILITY SHALL BE LIMITED TO NO MORE THAN TWENTY-NINE (29) RESIDENTS, AND A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED, WHICH CERTIFICATE SHALL NOT BE ISSUED UNTIL A 40 YEARS OR OLDER BUILDING CERTIFICATION AND ALL APPLICABLE APPROVALS FROM FEDERAL AND STATE AGENCIES, AND THE DEPARTMENTS OF FIRE - RESCUE AND BUILDING AND ZONING ARE CONFIRMED. WHEREAS, the Miami Zoning Board at its meeting of December 7, 1998, Item No. 4, adopted Resolution No. ZB 1998-0129 by a vote of seven to zero (7-0), recommending the granting of a Special Exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, requires City Commission approval of the Special Exception as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for Special Exception does meet the applicable requirements of Zoning Ordinance No. 11000, ATTACHPAE� CITY C0?&=SX0K MEETING OF FEB 2 3 1999 Resolution Na v, .157 as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Zoning Board and grant the Special Exception 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 decision of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, to permit a change of ownership for an existing community based residential facility for the property located at 189 Northeast 25th Street, Miami, Florida, legally described as shown as Exhibit "Atl attached hereto and made a part hereof, is hereby affirmed and the issuance of the Special Exception is hereby approved pursuant to plans on file, subject to the following: the facility shall be limited to no more than twenty-nine (29) residents, and a time limitation of twelve (12) months in which a Certificate of Use must be obtained, which Certificate shall not be issued until a 40 years or older building certification and all applicable - 2 - 9 9 - 1 " R r approvals from federal and state agencies, and the D Fire -Rescue and Buildin apartments of g and Zoning are confirmed. Section 3. This Resolution shall immediatelybecome effective upon its adoption and signature of the Mayor•i/. PASSED AND ADOPTED this 23rd day of February 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2.36, since the May did not Indicate this legislation by signing it in the designated place provided, said le t becomes effective with the elapse Lexerycisl is approval of regarding same, without the Mayogsla;cnATTEST: rom the date ofComm'ssicn action. WALTER J. FOEMAN Walter e ' ,City Clerk CITY CLERK APPRO AS F CORRECTNESS RO CI ATTO y W3198 • YM'T: CSK: BSS l� If the Mayor does not sign the end of 5 this Resolution ten calendar days from the date,ittwas paall become effective at the Mayor vetoes this Resolution, it shall become passed and upon override of adopted. If the veto by the cityeffective immediately Commission. - 3 - 99- 157 IF? Exhibit "A" Isle Lmww umbh • rAtsrnl.&u "A. de1•ss F. Pollack, Esq. 260 Greco Avenue, iuLte ace Ovrbl► Gables# slorida 331gi P8otlet (30S) 443-6234 QUrr-CIAIM DEED 0 THIS GUMCLAIM DEED. Executed this a*IV Ol. _VSi1'V{1f.'K.r 1!.>tti� Ly MA UM ANN._LESCHI& of 1619 Southwest 2nd Street, h+l.'tln., 1•10l ,tfa �,• 13S to SH [�lIONE`!N �•-1LE QWA COrpotd.tltm, Wllase rcv t r. t . , • p._ o. >tie: tiZail.._.Xisml, 1r^1or�da_3,�1�� W1'YHF,SS1:111, 1•.4t 11q U10 tltsl PAX,?, Ep AAA IN CCwSr[[Y.rr•,... • �j + C"11 A- w►LUWLF UMs18lIAtItAs, CC IIt1t1T IfCN1U. 11trASE A4;r o;'j1-r.ArM .r,. ••` Q,MII llMlr hill, 14t11131, %AA:M AND WMAIC VMICM ykr Ul t, 1 matt IN 1'Altat IY P ! f PAth 1.At IY ,,•, • . .. lAlp, bI1U4?1* tTIMI: A1q "lltO 1! 1 101, �t c'1A1f• Qt L•an�•. ..r -Vlr: Lot 21, and West 1() feet of Lot 24, and Wpgf in root of South 13 feet Of Lot 23. of POMELO RaAK, nrr•nrH. lnp 10 the Plat thereof, as recorded In plat Ftr•I'..k .1 Pape 212 Of the Public Records of Oahu r(, rr.tv.ratl;,rinM Tll ltnl/C tiu,l r.., a IN ANYVISE Ii t.j. Irt io% •r.t. YI _ ►tttAwtic, A110 Ali I/t ESTArt, ,:apt IRT A.' ' r.l •.1; TRC "to ,litst MttT, EI irICA IM lua lAY I'M IoRCYEA. , IILE, 1►r[Orsr, *•t.oti-r� •r..f ^.•;. l,# [WIIT, 10 rrt Oplr rKCetA , Ertr.r• ��'- fir} tlr ..t.S(Xt•[ISCIPVCo► I!1 WZTHLS� I:IiER�'OF and sealed these " ' The &lift p.trt� nr :;I,. F sent tht+ ri:iy end ��at y I S^IAM(1, �sAICJ Mrl $Of I,,.. r,•, 1 -N MrC• Y(• r wrr `o^q�•ol Syr, &W r+ra, 1'•a1'1;L N,1i•1 naU fiinllnd 7• 'l. MAR rNrv-l1:scHu` K Miami, "01INT't :::g•rkr�1•u:r.: .°�c r1cl:nowlt: dged �ro� d cQd e. 1'y-,257►$T11&—AIIi-.IcE6 eture trc. 0,1 t.h t3 tjio n h Lake an o .� = �- P:rUgnu l 1 _ -- )�y of at — As identiP ,n.• i.aticn, and 1.'h,, ;1;,�1/ who of Ida r / �V►Ni►NM A/u„ M-Y PYpAt. Inl..: lot" MN1N„„t NNMwr'beT I SMW WIySy . M _'-�'r•-�`�ii w 9 9 - 15'7 PAGE 25 FEBRUARY 23, 1999 ITEM PZ 7 RESOLUTION - [J-99-123(a) & J-99-123(b)l REQUEST: Special Exception requiring City Commission Approval LOCATION: Approximately 189 N.E. 26 Street APPLICANT(S): John E. Lemieux, President, Shelter One Inc., Non -Profit Corp. APPLICANT(S) AGENT: N/A APPELLANT(S): N/A APPELLANT(S): AGENT: N/A RECOMMENDATIONS: Planning Department: N/A Building & Zoning Department: N/A Public Works Department: N/A Plat & Street Committee: N/A Historic Preservation Board: N/A Planning Advisory Board: N/A Zoning Board: Recommended approval with conditions* to City Commission. Vote of 7-0. Special Exception requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 934.3, Certificate of use not transferable; new ownership by Special Exception with City Commission approval, to allow a change of ownership for an existing Community Based Residential Facility. *See supporting documentation NOTES: CONTINUED FROM CC 1/26/99. Adopted as modified with conditions: Limit to no more than 29 residents Must receive 40 -year Certification TR-City Attorney to Draft Ordinance to impose a moratorium. No more half- way houses. 99- 157 PZw7 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To: DATE: February Honorable Mayor and members y 16, 1999 FILE: of the City Commissioners SUBJECT: Special Exception for CBRF at 189 NE 26 h Street FROM: _®EFERENCES: onald .Warshaw City Manager ENCLOSURES: RECCOMENDATION It is respectfully recommended that the City Commission approve the attached request for a change in ownership of a Community Based Residential Facility to located at 189 NE 26`h Street with the following conditions: 1) for the reasons listed in the analysis below, the facility will be limited to no more than 22 residents; and 2) the applicant shall submit appropriate certification as deemed necessary by the Building Official stating that the structure in which the facility is located is safe. BACKGROUND AND ANALYSIS The attached request for change in ownership of a Community Based Residential Facility was continued by the City Commission at its meeting of January 26, 1999 in order for the Planning Department to further review the submitted plans and make recommendations. Upon analyzing the submitted plans, the Planning Department has made the following findings: • It is found that the area dedicated to "dormitory use" on the submitted plans is approximately 2210 square feet (excluding hallways, bathrooms and common areas). • It is found that under the current zoning ordinance, a minimum of 200 square feet of space needs to be provided for each resident; thereby allowing only 11 residents at the subject facility if it needed to comply with today's standards. • It is found that the subject facility is proposing approximately five times the amount of residents which would be allowed at present; this number is deemed to have serious impacts on the health, safety and welfare of the facility residents as well as the adjoining neighborhood. • A minimum of 100 square feet per resident is a safer and still reasonable ratio of space/person for the subject facility. • It is further found that since the existing structure is made of wood and fairly old, a certification as to the safety of the building should be conducted. .99- 157 10 Based on the findings above, the Planning Department is recommending approval, with conditions stated above, of the proposed change of ownership of the CBRF located at 189 NE 261h Street. DMV:"DB:AG :LYS s. alulf9 99— 15"1 0 ZONING FACT SHEET Case Number: 1998-0179 21-Dec-98 Item No: 4 Location: Legal: Applicant: Zoning: 189 NE 26 Street (Complete legal description on file with the Office of Hearing Boards) Shelter One Inc., Non -Profit Corp. P.O. Box 530675 Miami, FL 33153 App. Ph: (305) 573-7600 C-1 Restricted Commercial John E. LeMieux, President P.O. Box 530675 Miami, FL 33153 Rep. Ph: (305) 573-7600 ext Rep. Fa (U _- ext Request: Special Exception requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 934.3, Certificate of use not transferable; new ownership by Special Exception with City Commission approval, to allow a change of ownership for an existing Community Based Residential Facility. Recommendations: Planning and Development: No comments 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 Last Hearing Date: Found: N/A Violation(s) Cited: Illegal C.B.R.F. without Certificate of Use; Failure to have a valid occupational license; Unlawfully establishing an unusual or new use without prior approval at hearing. Ticketing Action: Complaint No. 9815332; Status: Open/Non-Compliance. Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: 09/09/1998 Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: Analysis: Please see attached. Zoning Board: Approval with conditions Vote: 7-0 Zoning Board Resolution No: ZB 1999-0129 City Commission: Continued from January 26, 1999. 9 9 1)Ib O O ST I I • rn :1 a:ra .i-niP •17 sls . ail 4 I ' •{ (n I ul l• �• 121122x31 ST tIre IS :s i r1 I4 f 20l2, h to ro O 4^� ' 1 R RAILROAD YARDS CENTRAL BUENA \nSTA TN 'A' is a:I21 20l », a. �r• ri Isl rin iltl 11 tl » I ! E`♦I NI ECG N )g • 23 i�a 11 tOl27i2. 2, 3�31 32 3lIL I7 Q •. 26123 f2I2. 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' �1- r S f Bi.7 LLJ 4t a , _ 41 ,ri Jt •• - t �• "7� ;! - - - [ to : ,�- 99- 157 I It Mr. Juvenal Pina its adoption Resolution: Miami Zoning Board Resolution: ZB 1999-0129 Mondays December 21,1998 offered the following Resolution and move AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 1100 AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI ARTICLE 9, SECTION 934.3, CERTIFICATE OF USE NOT TRANSFERABLE; NEW OWNERSHIP B SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL, TO ALLOW A CHANGE OF Y OWNERSHIP FOR AN EXISTING COMMUNITY BASED RESIDENTIAL FACILITY FOR THE PROPERTY LOCATED AT 189 NE 26 STREET LEGALLY DESCRIBED AS LOT 21, AND WEST 1 FEET OF LOT 24, AND WEST 10 FEET OF SOUTH 13 FEET OF LOT 23, POMELO PARK (3-212 PUBLIC RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION WAS RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED AND IT IS SUBJECT TO APPROVAL OF THE FIRE DEPARTMENT AND FEDERAL AND STATE AGENCIES. E Upon being seconded by Mr. Humberto J. Pellon, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Mr. Charles J. Flowers Ms. Ileana Hemandez-Acosta Ms, Christine Morales Mr. Humberto J. Pellon Mr. Fidel A. Perez Mr. Juvenal Pina AYE: NAY: ABSTENTIONS: NO VOTES: ABSENTS: Ms. Fernandez: Motion carries 7-0 Case No. I yyts-0179 Yes Yes Yes Yes Yes Yes Away Yes Item Nbr: 4 9 9 - 157 ZONING BOARD ACTION FOR —1 i 1. -A- EXCEPTION I move that the request on Agenda item G}_ be (DENIED) (GRANTED) in that the requirements of Article 16 (WERE) (WERE NOT) satisfied by relevant evidence in the record of the public hearing. (a) as stated in the City's findings of fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following: The Zoning Board, in its decision to G exception, shall snake written findings that pph�1 the special e requirements this Zoning Ordinance, Section 2305, (TiAVE) (HAVE NOT) been met.of (CIRCLE APPROPRIATE CONDITIONS) 1305.1 Tntaess and Earrss. Due consideration shall be given to the property and sirucMm and uses th adequacy paingress and egress to automotive and �, Win' particular reference to control, and access � c� f fide and emergency. trafl;c flow and ergency. 1305.2 Ofi'street par�g_ and Loadin Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 Refuse and Service Areas. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored' and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Sirms and ushtintt. Due consideration shall be given to the number, size, character, location, and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and character of the area, compatibility and harmony with adjoining and nearby property and the 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area_ 1305.E Dtsina¢e, Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities fnr recharge ofgroundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of Natural Features. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of Potrntiaily Adverse Effects Generally, In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of use or occupancy as proposed, or its location, construction, design, character, scale or manner of Operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such Potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby Y Signat -W 4 Agenda Item Date Angela Georae !ADLR ] SECURITY [ ] ACTION [L] SCR [ j MOD [ j +/- [+ j PAGE 1 !98153321 !TWL ) !011 COMPLAINT TRACKING MODULE !98153323 (34) DOCUMENT MAINTENANCE SCREEN !0000000] !0000j COMPLAINT: [98153321 ADDRESS: 189 NE 26 ST COMPLAINT TYPE: 504 ASSIGNED: Z OL OR.LANDO , LLAMAS STATUS: 0 NC OWNER NAME: SHELTER ONE INC COMPLY DUE: 09/25/1998 MAILING ADDR: % JAMES F POLLACK ROW: N NET: 04 360 GRACO AVE #208 CORAL GABLES FI, FOLIO: !31250070190] / !0000] DOC TYPE: [TWL ] PRINT LOCATION: [04] SEQ: [01) DOC DATE: [09101998] SERVICE TYPE: [C] SERVICE DATE: [091519981 STATUS: [A] PRINT FLAG: [N] BOARD: T CASE NO: [ ] HEARING DATE: [ ) TICKET: [ ] REF: [ j TKT DATE: [ ) TKT TIME: [ ] APPEAL DEADLINE: 2ND PARTY NAME: [ ] ADDR: [ ] [ l CITY: [ ] STATE: [ ] ZIP: [ ] STATUS DATE: 09/09/1998 BY: OL NIAINT BY: RB COMMENTS: [ j PRESS <XMIT> TO CONTINUE Window BZWIN/l at PRODUCTION 22 1 P9=1 FORM RCV LTAI Date: 1/12/99 Time: 4:41:46PM la George ` !ADVI ] SECURITY [ J ACTION [L] SCR ( ) MOD [ J +/- [+ J PAGE 1 !98153321 !1542J COMPLAINT TRACKING MODULE (33) !T J VIOLATION MAINTENANCE SCREEN COMPLAINT NO: (98153321 TYPE: 504 STAT: 0 NC BOARD: [T ] CASE NO: REF NO: [15421 COMPLY DUE 09/25/1998 COMPLIED DATE [ J TKT TIME ADDRESS: E- 189 NE 26 ST TKT DATE TICKET NO: TICKET FINE: MAINS' BY: OL DATE: 09/09/1998 STATUTE: Z DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 09/09/1998 VIOLATION DESC: Illegal C.B.R.F. wit)zo.ut Certificate of STATUS: [A] Use. LEGAL DESCRIPTION: POMELO PK PB 3-212 PRIM: LOT 21 & W10FT LOT 24 & W10FT SDI: OF S13FT OF LOT 23 <MORE> OVERRIDE: [ ] CLARIFICATION: CUSTOM VIOLATION / CORRECTION TEXT [ J [ J [ ] [ ] CORRECTION: [ J [ J [ J PRESS <XMIT> TO CONTINUE Window BZWIN/l at PRODUCTION Date: 1/12/99 Time: 4:40:50PM 22 1 Pg=1 FORM RCV LTAI 9 9 -° 157 knaela George ,tom !ADVI j SECURITY [ j ACTION [L] SCR [ j MOD [ J +/- [+ j PAGE 2 !98153321 !1550j COMPLAINT TRACKING MODULE (33) !T J VIOLATION MAINTENANCE SCREEN COMPLAINT NO: [9815332) TYPE: 504 STAT: 0 NC BOARD: [T j CASE NO: REF NO: 115501 COMPLY DUE 09/25/1998 COMPLIED DATE [ J TKT TIME ADDRESS: E- 189 NE 26 ST TKT DATE TICKET NO: TICKET FINE: MAINT BY: OL DATE: 09/09/1996 STATUTE: C DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 09/09/1998 VIOLATION DESC: Failure to have a valid occupational lic STATUS: [A) ense. LEGAL DESCRIPTION: POMELO PK PB 3-212 PRIM: LOT 21 & W10FT LOT 24 & W10FT SD1: OF S13FT OF LOT 23 <MORE> OVERRIDE: [ J CLARIFICATION: CUSTOM VIOLATION / CORRECTION TEXT [ J [ J [ j [ J CORRECTION: [ J [ j [ j [ j PRESS <XMIT> TO CONTINUE Window BZWIN/1 at PRODUCTION Date: 1/12/99 Time: 4:41:06PM 22 1 Pa=l FORM RCV LTAI 9 9 - 157 Angela George ` !ADVI ] SECURITY [ J ACTION [LJ SCR [ J MOD 198153321 !1560] COMPLAINT TRACKING MODULE [+ J PAGE 3 !T J VIOLATION MAINTENANCE SCREEN (33) COMPLAINT NO: 198153321 TYPE: 504 STAT: 0 NC BOARD: [T J CASE NO: REF NO: [1560] COMPLY DUE 09/25/1998 COMPLIED DATE [ ADDRESS: E- 189 NE 26 ST J TKT TIME TICKET NO: TICKET FINE: TKT DATE STATUTE:L DIVN: Z SUBDIV: MAINT BY: OL DATE: 09/09/1998 VIOLATION DESC: Unlawfully establishingKanGunusual CorAne DATE: 09/: [A] 8 w use without prior a STATUS: (A] approval at hearing. LEGAL DESCRIPTION: POMELO PK LOT 21 & W10FT LOT 24 &BW10FT2 PRIM' OF S13FT OF LOT 23 SD1: CUSTOM VIOLATION / CORRECTION TEXMORE> OVERRIDE: ( ] CLARIFICATION: [ ( ] CORRECTION: ( J PRESS <XMIT> TO [CONTINUE ] J Window BZWIN/1 at PRODUCTION Date: 1/12/99 Time: 4 11.25PM 22 1 Pg=l FORM RCV LTAI 9 9 - 157 -AA-AALk ONE iNCORPORA-r L���'' A Non -A f r Corporation Certificate # 58-5104028 John P. nAtieuz 189 N.F. 261h Street President Miami. FI. 33137 I'Irorrc: (305) 573-7600 VOLUNTARY HOARD OF DIRECTORS: Mr. Chaim Grosz Dr. Ted Ridore Air. Garry Barnett TO WHOM IT MAY CONCERN. December 16, 1998 Shelter One, Inc. is a 501(c)(3) private non-profit company whose mission is to provide shelter for homeless persons, safe haven for those persons in recovery from drug and alcohol addiction and affordable housing for low and very low income families in south and central Florida. Shelter One, Inc. was incorporated in 1993 and approved by the I.R.S. as a private non-profit company in July, 1995. Since its inception, Shelter One has served the homeless population by providing room and board to those individuals who have been identified by the Miami -Dade Homeless Trust and the Miami -Dade De six months of safe haven (drugfree environment)ent of Human eand oes gre-establish their rsons who liv s up by to taking part in a structured drug rehabilitation program, to eliminate their dependence on any form of drug, obtain a full time job, save up to $1,500, and then move on into independent living as a productive member of society. In October of 1994, we were approached by the attorney for the estate of Walter Leschuck who had owned and operated the "Woods Boarding Home" since 1977 at our Present location, 189 N.E. 26th Street, Miami, Florida. The widow was unable to maintain the facility and through her attorney, he offered to rent us the facility and cede the name "Woods Boarding Home." We agreed to rent the facility for $1,500 per month. However, she was financially unable to resolve her late husband's financial obligations and lost the property to the first mortgage company. They in turn, made a financial offer to our company for their outstanding mortgage balance, which we accepted, and Shelter One, Inc. received a Certificate of Title from the Clerk of the Court in Miami -Dade County in lanuary 1996. Shelter One, Inc. has made many improvements to the structure and we currently have one of the best maintained buildings on N.E. 26th Street in Miami, Florida. We have not changed the type of operation or client make up of the organization and we continue to serve the same homeless population as did "Wow House" since 1977. We Shelter One, Inc. December 16, 1998 Page 2 have kept all relevant licenses current. To protect the integrity of Wow Boar Home, we incorporated the name in April 1995 and together tN � and Shelter One, Inc provide essential services to the neediest �u°ms population —the homeless. ty During the last four years, we have served several hundred persons who have obtained full time jobs, saved their money and moved into independent living both in the City Of Miami as well as other parts Miarni-Dade County. During the last four years, we have had no incidents that required outside involvement. Our clients are drug -free at the time they enter our facili structured program, including drug testing, up to six months at w�hich time they re-enter society as a drug -free , employed, and productive member. In conclusion, the scope of services, and the make-up of the population served is the same today as it has been since 1977, and therefore we ask that the special exception hP granted so that Shelter One, Inc, and Woods boarding home services to the most vulnerable residents of the City Home may ue to provide Miami -Dade County. f Miami and Kespecttuiiy Yours, John E. (Jack) President 99- 15"7 CITY OF MIAM7 OFFICE OF HEARING BOARDS APPLICATION FOR SPECIAL EXCEPTION ##«###!##t#w«wwwtw#wwRw««wt#•#'k##«##«Rt#t#«R##t«##R«!t#«Rlwtltt#«wt«#R«w##« SECTION 2-6S3 OF THE CODE OF #*Rt*w!*wlww•*ttwttlw ANY PERSON WHO RECEIVES COMPENSATION FLORIDA , AS LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WI 71ON O } pE SGENERALLY S FOR REQUIRES LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, TH THE CITY CLE CTING COPY OF SAID ORDINANCE IS AV ARDS, COMMITTT:ES' PRIOR TO ENGAGING IN LOCATED AT 3S00 PAN AILABLE IN TBE OFFICE OF AND TTRE CITY COMMISSION- A #«wtw##«!w««#«!#!!##!«w* iRw;AND RIVE' WAMI, FLORIDA, C CLERK (MIAMI CITY HALL), 33133. w#«#w!««##!w!!#w«wwwltRltwRRRRRw!!Rt NOTE: TI;iIs APPI,,ICATIGN MUST BE TYPE WRITTEN AND SIGNED IN BLACK INK, Within the City generally, or within certain zoning districts, certain structures specified in this ordinance are of a nature requiring s or not they should be q B pedal and intensive review to determine or whethercies Permitted in specific locations, and if so, the safeguards which should be applied as reasonably necessary special limitations, conditions, and Zoning Ordinance and, in particular, to protect adjoining Promote the general avoidable potentially adverse effects. a 8 Properties and the neighborhood purposes of this Zoning Board be exercised in making such de erther intended to din accordance w' judgment from and limitations relatingto S expertise and judgment of the Special Exceptions (see Article 15 of the Zoning with the rules, considerations Formal public notice and hearin g Ordinance). solely responsible for determinations mandatory ry fo nS)�i l Exceptions. Provided for responsible the City Code. do on applications shall or refs P The Zoning Board shall be Special Exceptions except when otherwise Planning and Development for his recommendations and the Director the hall Director of the De required by these regulations. make further Department Y rther referrals John E. LeMieux IPresident Shelter One approval ofa S Inc. pedal Exception for the hereby apply to the Cityof Miami Zoning folio number 3 3 property at 189 N.E. 2 6 th t , B Board for Miami, Fl specific): Same use as a CommunityNature ofl?roposed Use (please be Based Residential Facility that has existed since 1977, In support of this application, the followin material XX 18 is submitted . XX 2. Two original surveys of the property prepared by a State of Florida Re ist Year from the date of application. g Bred Land Surveyor within one Four copies -signed and sealed by a State of Florida Registered Architect (as required) property boundaries, existingor Engineer -of site plans showing building elevations and dimensions and computations of proposed and building spacing. 99-- 157 i X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached to application). XX 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. XX S. At least two photographs that show the entire property (land and improvements). 6. Recorded warranty deed and tax forms for the most current year available that show the present owners) of the property. XX 7. Other (Specify and attach cover letters explaining why an document application). p g Y Y you are attaching is pertinent to this Current Licenses have been in operation for 21 years (1977) Based Residential Facility 1 8. Fee of $ 800.00 to apply toward the cost of processing according to Section 62-156 of the Zoning Ordinance: SpecialException .................. :............................................................................ Special Exception requiring automatic city commission review ....................... S2,000.00 Extension of time for special exception,,,,,,,,,,,,,,,, Public hearing mail notice fees, including cost of handling and mailing per notice ............................... Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. Signature Name Shelter One In Address 189 N.E. 26th Street Miami, Florida 33137 Telephone 305-573--7600 Date 10/23/98 ------------ 99 -- 157 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this _ 2� da of 19 9$by John E. LeMieux y October produced Driver's License who is personally known to me or who has as identification and who did (did not) take an oath. OF�CfAL i1' ARY T'Lii!?, IC' ::Y'ATR OC T:LORfDA NO- CC323729 .e•'•i 5r" JN EXP. AN. 9,2000 Joset2h G. Shulte Name: Notary Public -State of Flori Commission No.: 011111C[111,1,,I111OTARYSEAI, My Commission Expires: NOTARY PUpuCSTq EOFIFLORIDA COMMY COJ MISSION NO, Mt56tQN � CC523Ta STATE OF FLORIDA COUNTY OF MIAMI-DADE Thre me t e foregoing instrument was acknowledged befohis 19 , by day of a of He/She is personally known to me or has produced corporation, on behalf of the corporation. and who did (did not) take an oath. as identification Name: Notary Public -State of Florida Commission No.: My Commission Expires: #######***t##***#t*#*tt#t*##t#*##*#t**4**#t#*##t#t**t**#**#•tt*t##*tt##t#t#**#tt*##t*t###t##*t## STATE OF FLORIDA COUNTY OF M vII-DADE 99- 15°7 `ax.,46PASvyT3i§+�;BYi?9i;u+: yG�yy+7 i AFFIDAVIT STATE OF FLORIDA } COUNTY OF MIAMI-DARE } SS Before me, the undersigned authority, this day personally appeared John E . LeMieux who being by me first duly svwrn, upon oath, deposes and says; 1 1 • That he/she is the owner, or the legal representative of the owner, submitting the accompanyingapplication a public hearing as required by the Zoning Ordinance of the City of Miami, Flori PP ion for 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 thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/he in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the r to act accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailingaddress telephone numbers and legal descriptions for the real property of which he/she es, p he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are tru and correct. e Further Affiant sayeth not. 99- 15°7 L��yf,,r'r��t�k�� �. � (. K'RNV+u.wNp..}.e�,�.n S"�` ••T #'v �! (ii Sl 7 FiMR fixes-?(i LM.4i'.� tb"Y�It'L ,5-M✓s s'.K .4,.F:taar,+.r-µ(N '-e:c9ei43�'.FWY. FV. _i4'v. OWNER'S LIST Owner's Name Shelter One Inc. 100% Stock Ownership J.E. LeMieux Trustee Mailing Address P.O. Box 530675 Telephone ]Number 305-573-7600 Zip Code 33153 Legal Description: Lot 21 & W.10' of S . 13' of Lot 23 & W 10' of Lot 24 Pomelo Park Amnd PB 3 Pg 212 Dade County Fl Owner's Name None Mailing Address r Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Zip Code Legal Description: Any other real estate Property owned individual) individually, or severally (by corporation, Partnership or 375 feet of the subject site is listed as follows: privately) within Street Add ress T/ �- _ Legal Description Street Address Legal Description ------------- Street Address Legal Description r , 1 99�15'7 t F ��X£ep'��<i2 ��J•��� h \ A: S3 } � .Y�i{ ,•. ,. �' -.. HA��1iII:rm`h'Sn�^-Gn5fg7X wsA.sc Ta.•,un+Y.'�M 3L�+,aiWwn,r�� -crar� � '` \t WQ v �A gyy� r,• y,� � ry ,3�.,yL,[[�rtfiG• DISCLOSURE OF OWNERSHIP I - Legal description and street address of subject real property: Lot 21 & w 10, of. S . 13' of Lot 23 & W 10' of Lot 24 Pomelo Park Amd P.B. 3 Page 21.2, Miami Dade County 189 N.E. 26th Street Miami, Florida 33137 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2.618 of the Code of the Cityof Miami requires disclosure' all parties having a financial interest, either direct or indirect, in the subject matter presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of of a shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. , None: 1h00%tStockeownership501C3 Non-profit corporation J.E. LeMieux Trustee 3. Legal description and street address of any real property, (a) owned b an (b) located within 375 feet of the subject real property, y y PAY listed in answer to question #2, and Shelter One Inc. 148 N.E. 26th Street Lot 5 Blk Miami, F1 33137 Ammended_-PB 3/page 212 100% Stock ownership `\ J.E. LeMieux l Winer or Attorney for Owner ohn E. LeMieux STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 2 19 98 by John E. LeMieux 3 dayof Oc nb r a F orida 501C3 Non-profit of Shelter One Inc He/She is personally known to me or has produced rivers License corporation, on behalf of the corporation. and who did (did not) take an oath, as identification • I Y• ::It My Commission Expires: 99- 157 7 ,4wunss ead:r»?k5"�'7t+�'uic r - 1E131"111 ONE, INCO Itl'Oltn 1`rs .I Nnn-/'tr��! (i►tpnrrrlion Cetiificale H 58-5104028 John E. LeM1lienx President VOLUNTARY BOARD OF DIRECTORS: Mr. Chaim Grosz Dr. Ted Ridore Mr. Garry Barnet( SI3ELTER ONE INC . 18V N.L. 201 s(reel Miami. F'I. 33137 Phone: (30.51 573-761111 BOARD OF DIRECTORS CORPORATE RESOLUTION At a meeting of the Board of Directors of Shelter One, Inc., ("The Corporation") duly held on the Sth day of July 8, 1998 at which the entire Board of Directors were present, the following resolutions were duly adopted, ratified and approved by the unanimous consent of the Board of Directors: BE IT RESOLVED, that -John E. Lemieux, Executive Director, on behalf of the Corporation, is hereby authorized and directed to execute agreements, notes, mortgages, mortgage applications, deeds, closing documents and any and all documentation necessary and incident to entering into joint ventures, the mortgaging, leasing purchasing and selling of property owned, or to be owned by the Corporation; and is authorized to use a rubber stamp of his signature to facilitate the processing of the above referenced documents; excluding notes, mortgages and other legal closing documents which require an actual signatures. The foregoing resolutions were duly adopted, ratified and approved by the Board of Directors as of the day and year first appearing above. Tchn E. 99- 157 T v 7 ARTICLES OF INCORPORATION OF -n -:I SHELTER I INC. J THE UNDERSIGNED, acting ;ls inco Pursuant to chapter 617, Florida Statutes, adopt the ofollowing �. Articles of Incorporation: T ARTICLE I The name of the corporation shall be:. SHELTER I INC. ARTICLE II The principal place of business and the mailing address of this corporation shall be: 910 SOUTH MAIMI 33AVENUE MIAMI, TiOLE III The purpose for which the corporation is formed, and the business and the objects to be carried on and promoted b it as follows; Y are 1• The Purposes for which the corporation is organized are to receive and maintain real or personal Property, subject to the restrictions and limitations hereinafter set fcr to use and apply or both, and, the Principal thereof exclusivelart of the income therefrom and scientific, literary, or educational fog. charitable contributions to organizations that Purposes either directly or by under Section Sol Qualify as exempt organizations Regulations issued �r (3) of the Internal Revenue may hereafter be Pursuant thereto as the Code and amended, Y now exist or as they 2' The purpose for which the co organized shalspecific l be: rporatinn is Boarding and facilities for the Homeless ro E Got Nw zanut n-�ie2rn i i7 1 3 312 S 1 9 9 - 157 3. To erect and maintain a building or buildings for the above purpose and to engage in any operation incidental to and essential to carry out the purposes above mentioned. 4. To solicit funds and donations in kind and from time to time to further the purposes of this corporation. 5. To acquire and receive by purchase, donation or otherwise, any property, real, personal or mixed, and to hold, use and dispose of the same. 6*. To borrow money and to issue evidences. of indebtedness in furtherance of any or all of the objects of its business; and to secure loans by mortgage, pledge, deed of trust, or other lien. 7. To apply for, obtain and contract with any federal, state or local government or agency for a direct loan or loans or other financial aid in the form of grants or otherwise relating to the Purposes of this corporation. 8. To engage in any kind of activity, and to enter into, perform and carry out contracts of any kind, necessary or in connection with, or incidental to the accomplishment of any one or more of the non-profit purposes of the corporation. 9. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, any Director or Officer of the corporation or any member of the corporation or any other private individual (except that reasonable compensation may be paid for ,services rendered to or for the corporation affecting one or more of its purposes), and no Director or Officer of the corporation,or any private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the corporation. No substantial part of the activities of the corporation shall be carrying on each propaganda, or otherwise attempting to influence legislation and the corporation shall not Participate in, or intervene in (including the publication or distribution of statement) any political campaign on behalf of any candidate'for public office. 10. Notwithstanding any other provision of these Articles, the corporation shall not carry on any activities not permitted to be conducted or carried on by an organization exempt from taxation under Section 501(c) (3) of the Internal Revenue Code and Regulations issued pursuant thereto as they now exist or as -they may hereafter be amended, or by an organization, contributions to which are deductible under Section 170 (c) (2) of.the Internal Revenue Code and said Regulations as they now exist or as they may hereafter be amended. 2 99- 157 5 �• 11. Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for the payment �. of all of the liabilities of the corporation, disposes of all of-' Ln the assets of the corporation exclusively for the purposes of the o corporationin such manner, or -to such organization or organizations O organized and operated exclusively for charitable, educational, o religious or -scientific purposes as shall at the time qualify as an o exempt organization or organizations under Section 501 (c) (3) of o the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law), as the Hoard of Directors shall determine. Any of such assets not so disposed of = shall be disposed of by the Circuit Court of County, Florida in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said script shall determine, which are organized and operated exclusively for such purposes. 12. The corporation shall have such powers as are conferred upon it by Chapter 617 of the Laws of the State of Florida, and to exercise those powers in the accomplishment of its objects nd purposes. The By -Laws may impose other conditions of membership from time to time. ARTICLE IV The manner in which the directors are elected or appointed shall be: Appointed by the President unless otherwise specified in the by-laws. ARTICLE V The name and street address of the initial registered agent shall be: John E. Lemieux 910 South Miami Avenue Miami, FL 33133 ARTICLE VI O� N The name and street address of the incorporator of these r. Articles of Incorporation shall be: O John E. Lemieux:, d • O O • A% 3 99- 157 Q` r:J 0 o• 0 ON T W r D D D D C ARTIChE VII The affairs of the corporation shall be managed by a President, Vice president, Secretary and a Treasurer and such other officers as may from time to time be created by the Board of Directors. The names of the Officers and the office they shall hold until the first election shall be: John E. Lemieux - President ARTICLE VIII The members of the Board of Directors shall never be less than three(1) in number. Initially the Board of Directors shall consist Of three (3) persons whose namen and addresses are as follows and who shall serve as Directors until the first election: Sherron P. Lemieux Tohn E. Lemieux John Heimann 100 Brantley Hall Ln. 910 South Miami Avenue 3735 SW 27th Lane Long Wood, F1 32779 Miami, FL 33133 .Miami, FL 33137 ARTICLE IX These Articles of Incorporation may be amended by a majority vote of the Board of Directors at any special meeting called for that purpose, after first giving at least ten (10) days written notice of the meeting. Amendments to the Articles of Incorporation shall only be effective from the date of approval in writing by :Chairman of the Board. It is hereby expressly provided that in the determination of .whether an individual qualifies and should be thus entitled to membership, the Officers of this Corporation, to abide by the By - Laws promulgated by the Board of Directors in determining whether any certain individual qualifies in accordance with the criteria* .herein established. It is hereby expressly provided that said D- Laws shall not discriminate or be applied in any manner which be contrary to the purposes described in these Article:; Incorporation or" which would disqualify this corporatior:�_. qualification as an organization exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code. 4 99-- 157 BYLAWS OF SPELTER ONE INCORPORATED ARTICLE 1 OFFIGES SECTION 1. PRINCIPAL OFFIGE TheDADE office of the corporation is located County, State of FLORIDA ed in SECTION 2. CHANGE OF AOARESS The designation of the count corporation's principal office ma or state of the Of these Bylaws. The Board of Directors b Principal office from y amendment named count one location to anotherhwithin hthe date below,y by noting the changed address and effective nor require, amendmesuch nt these address shall not be deemed these Bylaws: Dated: 19 Dated: 19 Dated: f 19_ SECTION 3. OTHER OFFICES The corporation ma houtsitsave offices at such other Places, within or wet it is qualified to do businessstate of incorporation, where activities may require and as,as its the business and from time to time, designate, of directors may, ARTICLE 2 .. NONPROFIT PURPOSES SECTION 1. IRC SECTION 501 (c) (3) PURPOSES This corporation is organized more of the purposes as s ein Se � ion specified in Section i for one or 501 (c) (3) of 99 - 157 the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. Section 2. SPECIFIC OBJECTIVES AND PURPOSES The specific objectives and purposes of this corporation shall be: TO RECEIVE ARD MAINTAIN REAL OR PERSONAL PROPERTY, OR BOTH, AND, SUBJECT TO THE RESTRICTIONS AND LIMITATIONS HEREINAFTER SET FORTH, TO USE AND APPLY THE WHOLE OR ANY PART OF THE INCOME THEREFROM AND THE PRINCIPAL THEREOF EXCLUSIVELY FOR CHARITABLE,, RELIGIOUS, SCIENTIFIC, LITERARY, OR EDUCATIONAL PURPOSES EITHER DIRECTLY OR BY CONTRIBU- TIONS TO ORGANIZATIONS THAT QUALIFY AS EXEMPT ORGANIZATIONS UNDER SECTION 501 (c) (3) OF THE INTERNAL REVENUE CODE AND REGULATIONS ISSUED PURSUANT THERETO AS THEY NOW EXIST 01 AS THEY MAY HEREAFTER BE AMENDED. THE SPECIFIC PURPOSE FOR WHICH THE CORPORATION IS ORGANIZEDSHALL BE BOARDING AND FICILITIES FOR THE HOMELESS. ARTICLE 3 DIRECTORS SECTION 1. NUMBER The corporation shall have NO LES THAN 3 directors and collectively they shall be known as the Board of Directors. SECTION 2. QUALIFICATIONS Directors shall be of the age of Other qualifications for directors be as follows: THEY SHALL BE ELECTED SECTION 3. POWERS majority in this state. of this corporation shall Subject to the provisions of the laws of this state and any limitations in the Articles of Incorporation and these Bylaws relating to action required or permitted to be taken or approved by the members, if any, of this corporation, the activities and affairs of this corporation shall be conducted and all corporate powers shall be exercised by or under the direction of the Board of Directors. SECTION 4. DUTIES 99- 157 It shall be the duty of the directors to: r- '", =--.. 1_ . collectives ~ -- - - _ Incorporation, or �.nd i.vidud.l1Y ply 1tw, t i�r on, or by these Bylaws; t►y ,li 1 (b) Appoint and remove, employ and discharg e except as otherwise provided in these Bylaws,and, duties and fix the compensation, if an Prescribe the agents and employees of the corporation; of all officers, orRnpofq scorporatintoassurethattheirdutieare mp ertQzn ►eUproperly; (d) Meet at such times and places as required by these Bylaws; (e) Register their addresses with the Secretary of the corporation, and notices of meetings mailed or telegraphed to them at such addresses shall be valid notices thereof. SECTION 5. TERN OF OFFICE Each director shall hold 2 years and until his or qua .es. SECTI= 6. CahMMU2.1cos Office for a period of her successor is elected and reasonable fee maybe ors regular and specil meetingsooflthetboard rIattenin` shall be allowed reasonable advancement or reimbursement of expenses incurred in the addition, they performance of their duties. such others �yess L.sre�i,t Place as may be designated ram time to t resolution of the Board of Directors. ime by SECTION 8. REGULAR XCETINr Regular meetings of Directors shall be held on 3rd week of febratry M, unless such day falls on a e a o iday, in which event the regular meeting shall be held at the same hour and lace P on t he next business day. r 99- 157 If this corporation makes no then, at the regular meetingprovision for members, YEAR directors shall be of ddirectobS held on 90DATs Directors.�Voting for the election of directors ire to Board lof written ballot. Each director shall cast oneovotehaer be candidate, and may vote for as many candidn Of candidates to b p AFTER END OF FISC11 by e elected to the board, es as the number receiving the highest number of votes up toThthean umber sr directors to be elected shall be elected to serve umber o� rve on the SECTION 9. SPECIAL MEETINGS Special meetings of the Board of Directors may by the Chairperson of the Board, t e called President, the Secretary,the President different, b by any two directors the Vice - laws of this by per sonscalspecifically °r, ed e Such meetings shall be held special meetings °ofZthe board the corporation or, if different principal office of the person or persons calling' at the place designated by the the special meeting. SECTION 10. NOTICE OF MEETINGS Unless otherwise provided b Incorporation, these Bylaws, of the Articles of following provisions shall n visions of law, meetings of the board of directors the givingthe of notice for (a) Regular Meetings No notice need be given of any regular meeting of the board of directors. (b) §Pecia.. Meetin s shall be given b At least one week prior notice director of each by meeting of the corporation to each may be oral or written of the board. class mail, by writteleten, may be given Such notice state the Personally, b Place, P r�Or by facsimile machine,Y first matters , date and time of the meetingand shall proposed to be acted upon at the meeting. the n the case of facsimile notification, shall acknowledge the director to belcontacted 9 personal receipt of the facsimile notice by ahourreturn message of firstfacsimile telephone call within tw simile transmission, enty four (c) Waiver of Notice, IS require to be Whenever any notice of a meeting under provisions Oftheto any director of this corporation Bylaws, or the law Articles of of writing of this state, a waiver of noticehine time osigned by the director, whether the meeting, shall be e ivalbefore or after the such notice. 'equivalent to the giving of 99- 157 SECTION 11. QUORUM FOR MEETINGS A quorum shall consist of a majority of the members of the Board of Directors. Except as otherwise provided under the Articles of Incorporation, these Bylaws, or provisions of law, no business shall be considered by the board at any meeting at which the required quorum is not present, and the only motion which the Chair shall entertain at such meeting is a motion to adjourn. SECTION 12. MAJORITY ACTION AS BOARD ACTION Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present is the act of the Board of Directors, unless the Articles of Incorporation, these Bylaws, or provisions of law require a greater percentage or different voting rules for approval of a matter by the board. SECTION 13. CONDUCT OF MEETINGS Meetings of the Board of Directors shall be presided over by the Chairperson of the Board, or, if no such person has been so designated or, in his or her absence, the President of the corporation or, in his or her absence, b the Vice President of the corporation or, in the absence of each of these persons, by a Chairperson chosen by a majority of the directors present at the meeting. The Secretary of the corporation shall act as secretary of all meetings of the board, provided that, in his or her absence, the presiding officer shall appoint another person to act as Secretary of the Meeting. Meetings shall be governed b such rules are not inconsistent Articles of Incorporation, these of law. SECTION 14. VACANCIES y Roberts Rules of Order , insofar as witH or i.n conflict with the Bylaws, or with provisions Vacancies on the Board of Directors shall exist (1) on the death, resignation or removal of any director, and (2) whenever the number of authorized directors is increased. Any director may resign notice to the Chairperson Secretary, or the Board of specifies a later time for resignation. No director m effective upon giving written of the Board, the President, the Directors, unless the notice the effectiveness of such ay resign if the corporation would 9 9 - 157 777 then be left without a duly elected director or directors in charge of its affairs, e::cept upon notice to the Office of the Attorney General or other appropriate agency of this state. Directors may be removed from office, with or without cause, as permitted by and in accordance with the laws of this state. Unless otherwise prohibited by the Articles of Incorporation, these Bylaws or provisions of law, vacancies on the board may be filled by approval of the board of directors. If the number of directors then in office is less than a quorum, a vacancy on the board may be filled by approval of a majority of the directors then in office or by a sole remaining director. A person elected to fill a vacancy on the board shall hold office until the next election of the Board of Directors or until his or her death, resignation or removal from office. SECTION 15. NONLIABILITY OF DIRECTORS The directors shall not be personally liable for the debts, liabilities, or other obligations of the corporation. SECTION "'INDEMNIFICATION BY CORPORATION OF DIRECTORS AND OFFICERS The directors and officers of the corporation shall be indemnified by the corporation to the fullest e::tent Permissible under the laws of this state. SECTION 17. INSURANCE FOR CORPORATE AGENTS law, thetBoardas aofbDirectors may e otherwise adodtd under provisions of authorizing the purchase and maintenancerofolution insurance on behalf of any agent of the corporation (including a director, officer, employee or other agent of the corporation) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the Articles of Incorporation, these Bylaws or provisions of law. ARTICLE 4 OFFICERS 99-- 157 SECTION 1. DESIGNATION OF OFFICERS The officers of the corporation shall be a President, a Vice President, a Secretary, and a Treasurer. The corporation may also have a Chairperson of the Board, one or more Vice Presidents, Assistant Secretaries, Assistant Treasurers, and other such officers with such titles as may be determined from time to time by the Board of Directors. SECTION 2. QUALIFICATIONS Any person may serve as officer of this corporation. SECTION 3. ELECTION AND TERM OF OFFICE Officers shall be elected by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first. SECTION 4. REMOVAL AND RESIGNATION Any officer may be removed, either with or without cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or Secretary of the corporation. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. The above provisions of this Section shall be superseded by any conflicting terms of a contract which has been approved or ratified by the Board of Directors relating to the employment of any officer of the corporation. SECTION 5. VACANCIES Any vacancy caused by the death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the board may or may not be filled as the board shall determine. THE UNDERSIGNED I ORPORATOR HAS EXECUTED THESE By T � DA'Y OF 1 g• LAT, S THIS OF L NOT 5EAL MARIA LMER ARY PUBLIC STATE OF FLORIDA COMNLSSION NO. CC348186 CORPORATOR VYCOMMISSION EXP. FEB. 14,1M John E. LEMIEUX 910 South am nu. - la Miami, FL 33133 5 • e 99- 157 JC: INTERNAL REVENUE atpVIt DratAXT orptcraR 1Vl He PEACHTREE ST, till ATLANTA•,GA 30366 O' [ta to s JVN 3 0 1995 SHELTER 1 ING 149 NE 26TIl STREET MIIIMI, FL 33143 Dear Appilcant: f UOiritFrTMLNT OF Tilt TREASURY Employer Identiticatitrn ,lumbar: 66-8620tta Case Numbers 158510402a Contact Persons LDRI MUDRC Contact Telephone Numbor: (404) 331-0140 Accounting Period Ending, Cretember 31 Foundation status Classiflcatl,,n: 509(a)(1) Advance Ruling Period Begins, July 291 1994. Advance Ruling Period Ends: Bacember 81p 1999 Addendum Applies, Yes Based on information you supplied, and assumIn9 your operations 14i I I be a!: stated In your application for recognition of exemption, Na have determined you are exempt from federal incoma tax under section 601(a) Cr.,de as an organization described In section 501(c)(g), of the Internal itcverrue Because you are a neWly created org3nlzatlon, ire• are not nori* making a final detarmination of your foundation status under section F�09(a) 1*1011ever, rle have determined that y,�of the Cade. u can reasonably expect to be a Publicly _supported organization described In sections 509(a)(1) and 170(b) (1) (A) (vi). Accordingly, during an advance ruling perlr.,d ye'u r.#III be treated as a publicly supported organization• and net as a private foundation. This ruling period begins and ends on the dates shorn ab,,ve. advasic.. Within 90 days after the end of your advance rulinge you must send us the infrrAlation needed to determine rtthzther you havelmet the require- ments of the applicable support test during the advance rulin establish that you have been a public! supportedg p .,, Ili I If y,: i fy you as a section 509(a)(1) or 509(a)(2)organ zationlastlong as y II classi- fy meet the requirements of the applicabiR support test- g You continue the public support requirements during the advance rulin If yvu do not meet classify you as a private foundation for future periods. g Also, ifPeriods r{lic,riClassif you as a private foundation, i•r,: Ili 11 ,seat you as a private foundation from Y Your beginning date for purposes of section 607(d) and 4940. Grantors and C00tributcrs way rely on our determination that private foundation until 90 days after the end of your advance ruling are not a If Your send us the required information ulthin the 90 days, grantors9a�d period. contributors may continue, to rely cql the advance datermi nation until ere make a final determination of your foundation :status. If ere publish a notice, in the Internal Revenir,: Bulletin stating that ere 1 •. `' > Letter 10,15 (fJ(1iCG) � � r 29-95 FRI 00:20 SHELTER 1 INC oil tI no longer treat you. as a publicly supported organizations grantors and contributors slay not rely on this determination after the date tie publish the notice. In additions if you lont your status as a publicly supported organi- zations and a grantor or contributor iias responsible fort or was airare of, tho act or failure to acts that resulted in your loss of such status, thal: person may not rely on this determination from the date of th* act or (allure to act. Also, If a grantor or contributor learned that He had given notice. that You ►iould be removed from classification as: a publicly supported organizations then that person may not rely on this determination as of the data lies or site acquired such knawledpe. If you change your sources of supports your purposes, characters or math'.'d of operations please lot us knaFi so'rist can consider the effect of the change on your exempt status and foundation status. If you amend your organizational document or byla►ss, please send us a copy -of the omanded document or byiasis. Also, let us know all changes In your name or address. As of January 1s 19049 you are liable for social security tax*9 under the Federal Insurance Contributions Act on amounts of $100 or more yr'1 pay to each of your employees during a calendar year. You are not liable for the tax Imposed under the Fedoral Unempioya,ant Tax Act (FUfA), ' Organlzations that are not private foundations are not subject to the pri- vate foundation excise taxes under Chapter 42 of the Internal Revenue Cede. HowQvers you are not automatically exempt from other federal excise taxes. If you have any questions abrout excises employments or other federal taxes, pleaso let qs know. Donors may deduct; cont•ribution.s to you as provided in section 170 -if the Internal Revenue Code. ®equesstu, legacies, devisesi transfers, or gifts to you or for your use are deductibles for Fedaral estate and gift tar, purposes if they. moet the appl icable provisions: of sections 2056s 21061 and 2622 of the Cede. [Donors may deduct contributions to you only to the extent that their contributions are glftss,i•ilth no consideration racelved. Ticket purchases and similar payments In conjunction with fundraising events may not necessarily qualify as deductibles contributions depending on the circumstances. Revenue Ruling 67-246► published In Cumulative Bulletin 1967-21 on page 1049 gives guldelines regarding iihen taxpayers may deduct payments for admissitin tot or other participation Ins fundraising activities for charity. Contributions to you are deductible by donors beginning July 29, 1994e You red t,-, f i to Form 990, Return of Organ Izatsioil Eicempt From f r Income Tax, If YourOLQ receipts each year are norms y 6 ,O or"loss.—IT fl ece ve a Form 990 package In the malls simply attach the. Iabrii prt-vlded, check the box in the heading to indicate that your annual gro as receipts are normally $25,000 or less and sign the return. If you are renulr•ed to file a return you must•fIIe It by the 15th day of 157 L%4R".dR?YHM1iTUIYF-�. 4na'+N4niY o+Mt..svayii,.y+l�y:i• i?:'ia+e:'�riW 4 'CrE??='+f,�Fi;{�' ' Y T{' b S� t x ` t � i r r r r-295 FR I 00 ! 22 r • 0T /.4 -I- SMELLER 1 INC the fifth month after the and r ual Account`in erlod. We charge a pens y o O a day t•then a return Is flied late, units% theera Is reanonable rouse for thtt delay. Houever, the maximum penalty yte charge cannot exceed 111.59000 or 5 iterett,t of your grows receipts for the year, athlchever is less. We may also charge this penalty If a return Is not cOmpleti,. S., phase be sure your return is complete befort you file It. .You are not re ulred to flie federal income tax returns unless you are subJec to this tax on unre I a a business nco t - e on . O to * e • ff_ Vof rat subject to tills tax, you Piust f I le an nc;�,ma tax rr urn on arm 990-Te l.xempt Otan Uusineos Income TaY Roturn. n his Letter t-te are not determining- ►thet•her any of your present or proposed activltie% are unre- lated trade or business as defined In section 513 of the Crde. You need an employer identification number even if you have no employees. If an employer Identification number etas not entered on your application, ►tp trill assign a number to you and advise you of It. F•Ihase use that number on all returns you file and In all correspondence ulth the Internal Revenue l Service. This determination Is based on evidence that your -funds are dedicated to the purposes listed In section 601(c)(3) of the Cotla. To assure your continued exemptiont you should keep records to shod that funds are a(,ent only for those purposes. If you distribute funds to ether organlzation5, your records should shots t.thether they are exempt under section 501(c)(3). In cases uhe:re the recipient organization Is n.-st exempt under section 601(c)(3), you must• have evidence that the funds W ll remain dedicated to the required purposes and that; the recipient will use the funds for those purposes. If you distribute funds to individuals, you should keep_casE histo rlies showing the recin s' names+ addresses, purposes of aatards, manner o selec- on, and rely • riship.. t+ •n; *i;iembers, o f Z,_-,F i t_rus ers or onvrs �f un >s to you, so theft yoit can substantiate upon reques*_by the Internal Revenue `Tfi_rvtc'-e any to a atstrlbutions you made "tcl Individuals. (Revenue Tiul'lq - 66='36G—C.8. 1956-21 pa ga If He said in the heading of thlm letter that an addendum applies, the addendum enclosed Is an Integral part of this letter. Because tills letter could help us resolve any questions about your n);ermpt status and foundation status+ you should keep It In your permanent records. 99- 157 +SEP-29-9S FRI oe:56 -'4 SHELTER I INC If you have any questions, piease contact the person jahose name and telephone number are shorn In the heading of this letter. Sinceroly M4 Nelson A. Brooke District Directpr Clic I Osure (s) i Addendum For•ol S72-C M 0 9 9 - 15'7 M t t7 3 FRY 00:22 P.04 oar ..a.. 9NEL7ER 1 INC you are required to make y,.Iur annual return available for public Inspection for three years after the return is due. You are also required to make avallable a cr.,py of your exemption application, and supporting documznts, and this exemption I4tter. Fallur• to make these dncuments available for public Inspection may subject you t.s a penalty of $10 per day f-.,r each day there In fAllurieIne to comply (up to i maximum of $r"'000 in the case of an annual return). Ste Inttioll, Revenue Service Notice 89-120, 1980--2 C.B. 464, for additional inforinatlon. If your organization conducts fund-raising events such ate benefit dinners, auctions, Membership drives, otc., inhere something of vnluL- is receivin ed return for contributions, you can help your donors avoid difficulties din their Income tax returns by assisting them In dotermining the proper tax treatment of their contributions. To do this you should, In advance of tite event, determine the fair market value of the benefit received and state it .In your fund-raising materlais such as sallcitatlons, tickets, and recelpts In such a iiby that your donors can -determine how much Is deductible and host much 10 not. To assist you In thas, the Service Iia% Issued Publication 1391, Detluctibillty of Payments Mad'Q to Charities Conductl'ng Fund-Ralsing Events. YOU may obtain copies of Publication 1991 from your local IRS Office. I)uldeilnes for deductible amounts are also set forth in Revenue Ruling 67-2461 1967-2 C.D. 104 and Revenuo Procedure 90-121 1990•-1 G.E. A171 and Revenue .Procedure 92-479 1972-26 I.R.O. le, Since you have not Indicated that you Intend to finance your activities itith the proceeds of tax exempt bond finant ing, In this letter ►;e have not determined the Affect of such financing on your tax exempt status. �,� y�..'� ,Y '$ a��s;RT f. x�� �,�ra• ` ';^r j—.ti."".,' - ...,+v..- »+uxm.ra..n:w.:tnw+. ,a..cw; 9 9 - 15'7 7Hld LNNTKUHbkt1' ritett►heu uA. James Jr. Pollack, Esq. iso area* avenue, suite 2os coral cables, Plorida 33146 Phones (305) 443-6134 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, Fxecuted this _ eily t.q _VUuy_Ch., kU.t, Li hIIAMA.9dN.LESGHIIK of 1619 Southwest 2nd Street, fv+lattr;, ,,•. its to SHELTEN ONF-JNr.,._fl-F1otWa corporplen, whose co: to r , ' E,. o. nox ��:L9 t_ Kiluni, Fio>~iae _3�dia ' WITNFS51;2'll, 1't1At ?NE SUD FIRSI PARTY, SI)e AND IN CCNStit�ul•....r '•'!! GOW ANU-ALUAILF UINSIDERAT1C.4S OIHIR UD NFRF6r REMIsE, RELEASE AN,-C;AtN ,q, •. Y14N1, IIILL, 14(ERES1, ♦LAIN AND DEMAND WHICH TNf. SAt rips, '•L THE 1ltlf 1M YAYCti Oi i,PARK 4A% t�' . LAND, s11WlE, LYING AND CEING IN 1N :t LOT, E C1Wlr Ot (1.�tt(•, Lot 21, and West 10 lest of Lot 24, and Wp;t If, tap( Of South 13 feet of Lot 23, of POMELO PARK, nrenrel- 1nq 10 the Plat thereof, :It as recorded In Plat N,r�k .1 sago 212 of the Public ROCOMS Of Dadp retig,tv.r•1r�rltt a TO IIAVr OR IN ANYWISE APPFRtA1N1AG t J: :"F SAML •ty EtA[N vrlM PNE p1D i r AND ALL tPF ESTATFrP: GNI tA.l. AND ;c:LNaG•;r., I�Sf PARTYr EITM[R IN LAW UR EDUIiT LEr IYtFRrit, LILY, of 9EI(INGING 'ARTY rORCYFR. . IL i0 IN ONLY PRCPEA jA•;r R�tt rl• 1; `'7A.,'' tiv ..q.SDFYER or �If WiTI&S-5s E , •T,cNO rfiGt%,OF, The sail! p,lrt;• of, end sealed these Frpsents the tray gyred 1•, I E• Sfw*d. sealed Nrct d.l,,.. nn (.tt�ti1 t ntrnl nRmA 0llrw .:O..1fti A -�.' �_ �•.� S+Dn an Print no no;r�� . -�' fr1(7 $�D` A "Ass 1' '1•'•;;tl�+• f'1 r•;; t µ•.1r.'1 !)U[, SICrrinLj 7• I [i •.4 r /l. I LESCt•111K M i am t. . r,(! s. I la,. i tl. e i /'UIINTY l:ilgl{ I ' dchnowledged Mau TllIs :f:;;Ikl�f•1r:l;; fore n Produced _ 1 y ►$TEA-- 2 �� e on t.h 13 til .n take an o to h, — --�_ asd iPicF,l�pnoL21' ktl�'v'U�t..� mN wof atho icn, a,),,wti„ r.,ot S+DttAla:• UI tlot"v PUlrl•e • .� ... (seal) tom/.ILL// :,/ .,4 .: �/,• •^•', • ul rNt1Ay Pubtic. t rr.I _ Y.NPNNAI\\y�l\KNh1Nf1111\\I\ tJ����� N°Pllnl,.f e. Y:nn•ry,'7"'•"�+� SRtWnumbR—=+�� �y �"�f'T•R Va,9i' sb"t°i1M.eilwo ills J �J / o F„ nlntku Ht N. t'r• ro�ln:1dA 83G5 DATE BUILC/NG INSPECTIONS PROPERTY INFORMATION: MAIL RFPoR•r To: NAME: .... SHELTER 1 NAME: ........... STREET ADDRESS: M S AMIF'L"Sa 1 a7 �;o ... STREET ADDRESS:.... CITY/STATE/ZIP: ....................................... ................ . ... . CITY/STATE/ZIP:...... TELEPHONE NUMBER: D.EB13I E.. • • • ........................ . .. •. • . TEI..EPIIONE NUMBER: FAX NUMBER: .......... J, :77!WO...................................... FAX NUMBER:......... APPOINTMENT DATE: 02/02/99 �p N-R T Tim: 1 i. e AM XX FEEi lV . y PHOTOGRAPH TO BE TAKEN: CI YES O No FEE :............ COMMENTS: Tnana(-tor for Qlectric system• I.'UPT SHAF-ER EQ#QI-)I-)11GQ WA&a AArl r v4 e _ wrKrNG : Q! A,U n a r", 62 w, I' i'ri l_- CERTIFICATIONS: 07C000 0 (0 O ✓ELECTRICAL HAS THE SYSTEM BEEN UPDATED? WYES ❑ NO AGE: 'CONDITION: Qle . MAIN SERVICE Amps: � IS SYSTEM SUFFICIENT FOR USAGE? Yes INSPECTOR: ✓HEATING/COOLING 13 WALL UNITS 0 NO A.C/HEQ IVA : PACKAGED UNIT `ZWCOMPRE, SOR/AIR HANDLER MODEL NUMBER: . SAr 6 /p-3)- 1 ESTIMATED AGE: Sr,�C�S •>tCs. CONDITIONS PER CODE REQUIRE NTS: fl ✓ROOF ESTIMATED AGE:REMAININGAGE: CONDITION (LEAKS VISIBLE): r%1D1ff DK . ✓PLUMBING HAS THE SYSTEM EN � ��/ ES D ?oArPLUMBER: } �jTYPEQFLINE:(�__f__i�v Lo / ILf'�` �tV/71�J/%'1(.(- GREEMEN'1' PLEAsu-RLADUCAREFULLY COMPANY AGREES TO CONDUCT AN INSPECTION FOR THE. PURPOSE OF INFORMING Till: CUSTOMER OF MAJOR DI:IICII:NCIE IN Till: PROPERTY, SI11111:(T 10 TI II: UNCONDITIONAL RELEASE AND LIMITATION OF LABILITY BELOW. THE INSPECTION AND REPORT ARE PliNFORMFD ANU PRF:PARF. FOR THE SALF, ('ONl1U1-NIIAl. AND IiX(I.tlSIVI;. I'SI' AND 19)SSI'SSIOIJ OI' i iiii CLISTOMFR. THE WRTTTFN REPORT WILL INCLUDE THE FOLLOWING: F.LECTRICA4 AIR CONDITIONING, AND( H' AGE APPROXIMATIONS. IT IS UNDLKS11X)D AND MiRI[F.D 111 Al II1% INSPFCI ION WILL 11F: READO Y S.S' ACCI IB[E AREAS OF THE BURRING AND IS LIMITED TO VISUAL OBSERVATIONS OF APPARENT (Y)NUITIONS EXISTINO AT T IIF TIMIi OF INSPECTION ONLY. MAINIFNANCF. AND 1111MR ITFMS WILL NUT BE: DLSCIISSED. THE REPORT IS NOT A COMPLIANCE INSPECTION OR CERTIFICATION FOR PAST OR PRFSI-wr COvERNMENT COONS OR REGULATIONS OF ANY KINO. Till. INSPI:('TION AND RIT"WT DO NOT ADDRUSS AND ARE NOT LIMITED TO RADON OAS, LEAD, PAINT, ASBESTOS, UREA FORMALDEHYDE, TOXIC OR FLAMMABLE C-IIFMICAI S AND WATER AND AIRRORNF IIA7ARUS, ALSO INCLUDED ARF. INSPECTIONS OF AND RFpm ON SWLMMBJG POOLS, wa,Ls, SEPHC SYSTFMS, SECURITY SYSTFAIS, CENTRAL VACU(IM SYSTT:MS, WATER SOFTI:NF.NS, SPRINKLER Svsrr:MS, PIRI: AND SAFETY PQUIPAiI'NT AND T11E PRNSENCE OR ROWaS, TVAMITt•S AND OTFIFR INSECTS. UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY IT IS UNDERSTOOD AND AGREED THAT 711E INSPECTION AND REPORT ARE NOT INTTNDFD OR TO BE CONSTRUED AS A GUARANTEE OR WARRANTY OF THE ADEQUACY, PERFORMANCE OR CONDITION OF ANY SnMCRIRE, ITEM OR SY'MM AT THE PROPERTY ADDRESS. THE CUSTOMER IIERFRY RFLEASLS AND EXEMPTS TILE COMPANY AND ITS AGENTS AND EMPLOYEES OF FROM LIABILFrY AND RFSFX)NSIBILITY FOR THE COST OF REPAIRING OR REPLACING ANY UNREPORTED DEFECT OR DEFICIENCY AND FOR ANY CONSEQUENTIAL DAMAGE, PRON:K Y DAMAGE. OR PERSONAL INJURY OP AN\' NATURE. IN WE EVENT THAT THE COMPANY AND ITS AGENTS AND EMPL(7YEFS SHALL BE LIMITED TO A SUM EQUAL TO TTIE AMOUNT OF TIIF PAID BY Till: CUSTOMER FOR T)II' INSPE(I ION AND REPORT. A('C'I:. TANCE AND UNDERSTANDING OF TAM AGREEMENT ARE HERBY ACKNOWLEDGED. INS SP CLIENT ON V !U LF 'SIC � U. [N �- ECTORS Q w 1111 KANE CONrouRSE • SUITE 607 - RAY HARBnR. R omm 11154.105-969-5717 9 FAr 305-968_6764 PTIMA� BUILDING INSPECTIONS PROPERTY INFORMATION: NAME: SHELTER ONE ... STREET ADDRESS:. TM'EAR- CITY/STATE/LIP:........................................ , .... , .......... . TELEPHONE NUMBER:.DEBBIE................................. .. FAX NUMBER: ........... 57;�-••7E, Q................................ DATE MAIL. REPORT TO: NAME:................. .......... ................ . STREET ADDRESS: .............. CITY/STATE/ZIP: ............... TELEPHONE NUMBER: ..... FAX NUMBER:............... APPOIIV7'MENT DATE: Oc/O /99 APPO T E T. TiME: FEE 1�. PHOTOGRAPH TO BE TAKEN: ❑ YES O No FEE ............. COMMENTS: Insnec-tair far electric systeme Fi IRT SHAF CERTIFICATIONS: E CCC0// (pff 11:15 83 346 ✓ELECTRICAL HAS THE SYSTEM BEEN UPDATED? YES ® NO AGE: ONDiTION: QJ>� MAIN SERVICE AMPS: ZOlc+ Awc IS SYSTEM SUFFICIENT FOR USAGE? E INSPECTOR: ✓HEATING%COOLING ®WALL UNITS 0 NO A.C/H/E�AT HVAC: ® PACKAGED UNIT WCOMPRESSORIAIR HANDLER MODEL NUMBER: O A C `1 a_ // P ESTIMATED ACE: J_ CONDITIONS PER CODE REQUIREMENTS: Ok ✓ROOF r� p ESTIMATED AGE: REMAINING AGE: CJ qeX. CONDITION (LEAKS VISIBLE: A/ONF OU - ✓PLUMBING HAS THE SYSTEM BEEN JJPD 'ED: YES � No !� TYPE OF LINE: �s FE/� O% AC rPLUMBER: �Ci� PRE -INSPECTION AGREEMENT ,PLEAS L' R-ADCARIIFULLY COMPANY AGREES TO CONDUCT AN INSPECTION FOR TIIF PURPOSE OF TNFORMINO TIIF CUSTOMER OF MAJOR BF.FTCIFNCIGS IN TIIF. PROPERTY, suknscr HI Tint UNCONDITIONAL_ RELEASE AND LIMITATION OF LABILITY BELOW. TILE INSPECTION AND REPORT ARE PERIORMED AND PREPARE FOR TIIF. SALT CIONFIUF.NTIAL AND EXCLUSIVE USE ANO POSSESSION OF TIIF. CUSTOMER. THE WRITTEN REPORT WILL INCLUDE THE FOLL(TJINO: ELECTRICAL, AIR CONDITIONIN(L AND ROOF AGE. APPROXIMATION%. IT IS 11NiF8ST001) AND AGRFFD TIIAI rI IIS INS114-1ION W 11 I. III: RE.AIMS ACCESSIBLE AREAS OF THE BUILDING AND 1S LIMITED TO VISUAL OBSERVATIONS OF APPARENT CONDITIONS EXISTING AT THE TIME OF INSPI:(TION ONLY. MAINIINANCF. AND III lll:k II EMS Witt. NOr Bii DLiCUSSFD. THE REPORT IS NOT A COMPLIANCE. INSPECTION OR CERTIFICATION FOR PAST OR PRESENT GOVERNMENT (`ODFS OR RF.GI)IATIONS OF ANY KING. Till' INSPI'ViION AND RI ORT Do NOI ADDRESS AND ARE NOT Lmn D TO RADON OAS, LEAD, PAINT, ASBESTOS, URFA FORMALDEHYDE, TOXIC OR FLAMMABLE CHEMICALS AND WATER AND AIRBORNE HAZARDS, ALSO INCLUDED ARE INSF:("r1UNS OF ANU RESORT ON SWIMMING POOLS. WELLS, SEPTIC SYSTEMS. SECURITY SYSTEMS, CENTRAL VACUUM SYSTEMS, W'AITR SOFTENERS, SPRINKIAR SYSTEMS, FIRE: AND SAFETY FCR'IPAIFNT AND Till; PRI3FNCE OR RODENTS, TERMTTEB AND OTHER INSECTS. UNCONDITIONAL RELEASE AND LIMITATION OF LIABILITY IT IS UNDERSTOOD AND AGREED THAT TIIF INSPECTION AND REPORT ARE Nor INTENDED UR TO BF: CONSTRI IEV AS A GUARANTEE OR WARRANTY OF THE Al vJACY, PERFORMANCE OR C(IN13MON O£ANY SIRUCRJRE. ITEM OR SYSTEM AT TIIF PROPERTY ADDRESS. THE. CUSTOMER HEREBY RF7.PASES AND EXEMPTS T11F. COMPANY AND ITS AGENTS AND EMPLOYEES OF FROM LIABILITY ANO RE-SPONSIBILITY FOR THE COST OF REPAIRING OR REPLACING ANY UNREPORTED DEFECT OR DEFICIENCY AND FOR ANY CONSEWEN JAL DAMAGE, PROPERTY DAMAGE OR PERSONAL INJURY OF ANY NATURE.. IN THIS EVENT THAT THE COMPANY AND ITS AGENTS AND EMPLOYEES SHALL BE LIMIIE.D TO A SUM I'_QUAL 11) TILE AMOUNT 01: TILE PAIL) BY TTIC• CUSTOMER FOR TIIF 1NSPVCTION AND REPORT. ACCEPTANCE AND UNDERSTANDING OP TNIS AGREEMENT ARE HERBY ACKNOWLEDGED. INSPEC77O LID S SIG ED, CLIENT:!!_, INSPECTOR' 1111 KANE CONCOURSE • )5111TF. 607 • RAY HARBOR, FI nRMA 33154.305-969-5717 • FAx 305-868-6764 IELTER ONE INCORP 'l , OItA7 �O A Nnn-Profit Cj r/x�rati`on Certificate # 58-5104028 John L IhMieux President 189 N.E. 261h Street Miami, FL 33 i 37 VOLUNTARY !'hone: (305) 573-7600 BOARD OF DIRECTORS Mr. Chaim Grosz Mr. T. Ted Ridore Mr. Garry Barnett 2 STORY BUILDING FRONT I STORY BUILDING BACK 5,362 /60 FT PER CLIENT=89 RESIDENTS AS PER HANDBOOK OF THE STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, CHAPTER 58A-5 SECTION 58A-5.023, 60 SQ. FT. SLEEPING AREA=GROSS SQUARE FOOTAGE FRONT BUILDING UPSTAIRS-753 SQ. FT. DOWNSTAI RS----- ----------------- 609 SQ. FT. ANNEX------------------------ -315 SQ.FT. TOTAL- 1,677 SQ. FT. SLEEPING ROOMS FRONT BUILDING=1,677 SQ, FT. 1,677/60 FT. =27.95 OR 88 RESIDENTS PER -1APT R 58A-5 SECTION 58A-5 023 BACK BUILDING 771.5 /60 FT. PER RESIDENT=12.86 OR 13 FRONT BUILDING---27.95 OR 28 BACK BUILDING-----12.86 OR 13 TOTAL 41 RESIDENTS J.E. LEMIEUX 9 9 - 157 STATE OF FLORIDA :AGENCY FOR HEALTH CARE ADMINISTRATION a • `..: DIVISION OF HEALTH QUALITY ASSURANCE ""ASSISTE --- DLIVINPEE .'Ill.,. ' ff i, A"* "'ILITIES tap.tep, 58A-5 Florida Administrative Code t is ,• 4` BUREAU OF FIEALTH FACILITY. REGULATION ,j ASSISTED LIYINGUNIT �' F ` �lii ' '' � ' jl• ` i . . A , , 9 9 - 15 w - _' y .,y;..� "3';s••cg""PR"�r`4•aF x.�i�'�a,�,�°�rl'y"'� {fit. 8/9s) SBA-5.023 i�NtTMENT OF ELDER AFFAIRS 0,1 V. 15, p. 1560 normally awake. During night hours, when residents are asleep, a temperature of at least 68 degrees Fahrenheit shall be maintained. These temperatures apply unless othtrwise mandated by Federal or State authorities. Residents who have individually controlled thermostats in their own rooms shall be' encouraged to comply with these standards. , (3) Mechanical cooling devices shall be used in those areas of buildings used by residents when inside temperatures exceed 85 degrees Fahrenheit. No residents shall be in any inside resident area that exceeds 90 degrees Fahrenheit. (a) All electric fans, except ceiling paddle fans, shall be screened and shall not have broken or missing sections of grills. All electric fans shall be placed for the protection of the resident. Ceiling fans shall be securely fastened at a height that shall not endanger residents. Ceiling fans are acceptable in facilities with sprinkler systems. (b) Cooling devices shall be placed to minimize drafts. (4) All resident sleeping rooms shall be for the exclusive use of residents. Facilities shall provide separate sleeping accommodations for live-in staff and their family members. All resident sleeping rooms shall be ventilated, well -lighted and located convenient to a bathroom. (5) Resident sleeping rooms designated for single occupancy shall provide a minimum inside measurement of 80 square feet usable floor space, except for those facilities initially licensed prior to the 1984 amendment to this rule and for which a square footage waiver was granted by the Department of Health and Rehabilitative Services. Usable floor space does not include closet space or bathrooms. (6) Resident sleeping rooms designated for multiple occupancy shall provide a minimum inside measurement of 60 square feet usable floor space per bed, except for those facilities initially licensed prior to the •1984 amendment and for which a square footage waiver was granted by the Department of Health and Rehabilitative Services. (7) Resident sleeping rooms of facilities licensed or renovated on or after October 1, 1979 shall have a maximum occupancy no greater than four. (8) All resident sleeping rooms shall open directly into a corridor, common use area or to the outside. A resident shall be able to exit his bedroom without having to pass through another bedroom unless the 2 rooms have been licensed as one bedroom." This. does not apply to facilities comprised of apartments. . (9) Each resident bedroom where furnishings are supplied by the facility shall be furnished with the following at a minimum: (a) Personal storage space such as dressers, chests, wardrobes, or other furniture designed for storage of personal effects. A table, personal reading light, bedside lamp or floor lamp, waste basket, and comfortable chair shall be provided if requested. (b) Adequate space to place a wardrobe • in which clothes may be hung, if there is no closet. (c) A clean, comfortable bed shalt be placed in a designated bedroom, excluding efficiency apartments, and shall be in good repair with a mattress no less than 36 inches in width and 72 inches in length with the top surface of the mattress a comfortable height to assure easy access by the resident. Each resident shall have his own bed if he so desires. The mattress shall be. clean, free of odors, stains, rips, tears, or lumpy stuffing. (10) Bathrooms shall be ventilated, adequately lighted, and have hot and cold running water. (a) Each bathroom shall have a door in working order to assure privacy. (b) Facilities shall provide one toilet and sink per six persons and one bathing facility shall be provided per eight persons. When calculating the required number of toilets and tubs and showers, the toilet and bathing facilities ratio shall include all residents, all live-in staff or family members, and all adult day care and respite care participants who will be using those facilities. (c) There shall be non -slip safety devices such as bath mats or peel off stickers in the showers and bathtubs of all facilities. Showers and bathtubs with a non-skid surface require a separate non-skid device only if the surface is worn. Grab bars shall be required in showers and bathtubs in all facilities. Grab bars, whether portable or permanent, shall be securely affixed to the bathtub or shower, or to adjoining walls if the grab bars are easily reachable. (d) Hot and cold water faucets shall be identified by use of H and C initials or by red and blue painted shading or dots. (e) Bathrooms used by physically handicapped residents shall be equipped to ensure safety and independent mobility. (f) Sole access to toilet or bathing facilities shall not be through another resident's sleeping room, except in apartments within a facility. (g) Residents who use portable bedside commodes shall be provided with privacy in their use. (11) The dining area shall be suitably lighted, ventilated and furnished. (12) A room, separate from sleeping areas, shall be provided where residents may read, engage in socialization or other leisure time activities. Comfortable chairs or sofas, which are in good repair, shall be provided in this communal area. (13) A minimum of 35 square feet of living and dining space per resident, live-in staff, and live-in family member shalt be provided by each facility except those comprised of apartments. This space shall include living, dining, recreational, or other space designated accessible to the resident and shall not include bathrooms, corridors, storage space or screened porches which cannot be adapted for year round use. Facilities with bedrooms which include living space may count the living space square footage and any excess bedroom square footage as part of the 35 square footage living and dining space requirements. Those facilities which -were licensed as of May 14, 1981, which demonstrate compliance with all other applicable 9 9 - 15'7 1 � 'fUMRF.IT ? not ; ONF �IN� ESSri s �- �I!! NAME &Jcol)S )A RD r 1JG t► C>1L {E' 11 IISISINESS PHONE: .15 93 --2/0f 9 EMER BEN(-Y ff)NIAC T I'I I to USAGE CODE VS10P CLASS 13 ocr.Ui`A,,I I )A I) f t !{I l"i F'HOl' OPTIONS t� NOFLOORS r r' 1 r-.FE EXEMPT 19 C U STAT(mil 1IQe4)E'11_" rrrLLtr1C� ADDt1ESS NEW BILLING AL)D111 ,S o fh& Qs M�,&-tfe 4. '40 CAUSE HAS BEEN SHOWN LEGAL ACTION WILL BE TAKEN AS THE LAW REQUIRES THE TIME GRANT FE IN COMPLIANCE OR RELIEVE YOU OF ANY LIABILITY AS A RESULT OF THCSE VIOLATIONS •tY ORDER OF ._ ,.. _�._� ��_/� _ "� INSPECTOR _6'0Acc-' L / 1_j C° OF FIIffIF r REVENTION nUAl ALI '\ NSPT_C; ION DATES INSPECTOR SATE RLFEARED TO F.P.O DATE COMPLETED __ ._ 'DOTE For further Information concerning the above, contact the btspnctot who stgneO this Notict, of Violation .11 ,• «r••► ,!.t•,• hrtwllrn n nn A M In •t on f't',I 00-41 �I�i 4� . • IV'• f�ff11SCS': N . �.'nJ. J: Alva JI I IUIVJ JI ILL C AIJ II NI•!V NEE DOES NOT 11,1{'lti 'fhll t OMPAN f 6 I14•.r•1 r •II 99- 1.157 ,A2/ 18/ 1999 14 : 58 3054160 PIT ' L TPADE B(� PA1.-,+EE 01 / 02 PZ- CITY OF MIAMI, FLORIDA, INTER -OFFICE h4EMORANDUM Honorable Mayor and members DATE February- 16, 199? of the City Con ntissioners SUBJECT. Special Lxception for l'BRI at 189 N1: 26" ,heel FROM : FEREMCX' )�o!al#W"arsh�aa"�� City Manager CNCto5URES RECCOMENDA.TION Iris respectfully recommended that the City Commission approve the attaches] request for a change in ownership of a Community Based Residential Facility to located at 189 NE 26' Street with the following conditions: 1) for the reasons listed in the malysis below. the facility- will be limited to no more than 22 residents; and 2) the applicant shall submit appropriate certification as deemed necessary by the Building Official stating that the structure in which the facility is located is safe. BACKGROUND AND ANALYSIS The attached request for change in ownersl6p of a Commttnith' Based Residential l-acility was continued by the City Con-unission at its meeting of January 26. 1999 in order kir the Planning Department to further review the submitted plates and make mcottunendations. Upon analyzing the submitted plans, the Planning Department has made the following findings: 0 It is found that the area dedicated to "dormitory use" on the submitted plans is approximately 2210 square feet (excluding hallways, bathrooms and common areas), • It is found that under the current zoning ordinance, a mfilinnum of 200 square feet of space needs to be provided for each resident; thereby allowing only i 1 residents at the subject facility if it needed to comply with today's stwidards. Y It is found that the subject facility is proposuig approximately five times the arnotuit of residents which would be allowed at present; this nurnber is deemed to have serious impacts on the health, safety and welfare of the facility residents as well as the adjoining neighborhood. • A mininnum of 100 square feet per resident is a safer and still reasonable ratio of space/person for the subject facility. .It is further found that since the existing structure is ntade of wood and fairly old, a certification as to the safety of the building should be conducted. 99- 157 "v,uth Street. n ule I1nd&"'-` abgt @, the Planning Departinent is r nut�cndin a �ro� al. «YU� conditions stated above, of the proposed change oi`o NE 26wnership of die CI3R1' located at 1 b9 nMV.DB:AG :LYS 99- 1.57 { ft;it ONE, INCORPORA'i INCORPORATE�• :1 Nnn-1'���/i► (i►r,�nrnlin�� � � � � � `s Cerlificale H 58-5104028 John E. LelNieux Plrsidenl 189 NY. 261h Sit -eel Miaeui. F1. 33137 '1'OLUN'1'AKi' Phone: (305) 573-761111 BOA R0 OF 01REC70KS: Mr. Chaim Grosz Dr. Ted Kidorr Mr.Gnrry Bernell Restrictive Covenant 189 NE 26th Street Miami, Fla This covenant is being drafted and recorded to comply with a certain oral agreement made by the C.E.O. of Shelter One Inc., J.E. LeMieux to enter this covenant before the City of Miami Zoning and Appeals Board on December 22, 1998. This action was approved by a Board of Director's of Shelter One Inc. Said covenant hereby restricts and limits the o Shelter One Inc.'s Boarding Home located at 189NE126thnStreetdMiami, Florida, to &G-°people. a �� This facility was former as Woond has been in continous operation sincen1977, servidngBthedinCityHofeMiami, Miami - Dade County's Department of Human Services and Miami-Dade's Homeless Trust, as a 50 bed licensed Community Based Residential Facility and has been such since 1977. Shelter One Inc. will not expand or change the number or ty e of Population currently being served at this facility. p This covenant has been approved by the Board of Director's of Shelter One Inc.', on this 28th day of December 1998 and may be recorded in the public records of the City of Miami or in any other way the City Of Miami wishes to implement and enforce said covenant. Approved December 28, 1998. WitHess "19� Ti4�tsc ✓ . E. LeMieux - ' — --- Director Shelter One Inc. Witness County of Miami -Dade State of Florida Personally appeared J.E. LeMieux, Director of produced a valid Drivers'Shelter One Inc., s License and freely executed this document. AERiSFWULTFH LIC 4 4a#PN(G2YTA4R 6A1DA OTVOTAYSEA J G SCHULTE COMMISSION NO. CC523729 NOTARY PUBLIC STATE OF FLORIDA — �P' ) ' 9' 'L ' COMMISSION NO. CC523729 -MY COMMISSION EXP. JAN.9 99- 157