Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-96-0790
Ei e. a J-96-1146(b) 10/15/96 RESOLUTION NO. 9 6 - 750 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT A STRUCTURE WITH A REAR SETBACK OF 5'-0" (20'-0" REQUIRED) WITH CREDIT FOR 10'-0" OF ADJACENT 20'-0" ALLEY, THUS, REQUIRING A VARIANCE OF 5'-0", FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 2205 SOUTHWEST 28TH STREET, MIAMI, FLORIDA, ZONED R-1 SINGLE- FAMILY RESIDENTIAL. WHEREAS, the Miami Zoning Board at its meeting of September 9, 1996, Item No. 7, duly adopted Resolution ZB 100-96 by a six to three (6-3) vote, granting the variance, as hereinafter set forth; and WHEREAS, an appeal has been taken to the City Commission by i adjacent property owners from the granting of the variance; and i WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds that there are no peculiar circumstances affecting i this parcel of land and that there are no practical difficulties nor unnecessary hardships which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; 1i .• t i i J-96-1146(b) 10/15/96 RESOLUTION NO. 9 S - 790 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT A STRUCTURE WITH A REAR SETBACK OF 5'-0" (20'-0" REQUIRED) WITH CREDIT FOR 10'-0" OF ADJACENT 20'-0" ALLEY, THUS, REQUIRING A VARIANCE OF 5'-0", FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 2205 SOUTHWEST 28TH STREET, MIAMI, FLORIDA, ZONED R-1 SINGLE- FAMILY RESIDENTIAL. WHEREAS, the Miami Zoning Board at its meeting of September 9, 1996, Item No. 7, duly adopted Resolution ZB 100-96 by a six to three (6-3) vote, granting the variance, as hereinafter set forth; and WHEREAS, an appeal has been taken to the City Commission by adjacent property owners from the granting of the variance; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning i Board, finds that there are no peculiar circumstances affecting this parcel of land and that there are no practical difficulties nor unnecessary hardships which would impair the owner's right to the reasonable use of the property without the grant of 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 decision of the Zoning Board in this matter is reversed and the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, R-1 Single -Family Residential, to permit a structure with a rear setback of 5'-0" (20'-0" required) with credit for 1010" of adjacent 20'-0" alley, thus, requiring a variance of 5'-011, for an addition to a Single Family Residence for the property located at 2205 Southwest 28th Street, Miami, Florida, more particularly described as Lot 30, Block 51, SILVER BLUFF ESTATES SECTION "C" , as recorded in Plat Book 10, at Page 65 of the Public Records of Dade County, Florida, zoned R-1 Restricted Commercial, is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. 2 _ 9G- 790 and (Buyer) concerning the Properly oesc,lue:i as oniv :f initiated by all parties. • . , ,,1 PRQi � L. (^_) H. As Is With Right to Inspect: This clause replaces Paragraphs 6 and 8 of the Contract, Seller makes no wa anlies other than marketability of title. Seller will keep the Property in the same condition from Effective Date until closing, except for normal wear and tear ("maintenance requirement"), and will convey the Properly in its "as is" condition with no obligation to make any repairs, Buyer may, at Buyer's expense, conduct professional and walk-through inspections as described below. it Buyer fails to timely conduct any inspection whurh Buyer is entitled to make under this paragraph, Buyer waives the right to the inspection and accepts the Properly ,-is a ' Seller will provide access and utilities for Buyer's inspections. Buyer will repair all damages to the Property resuMng from trip inspections and return the Properly to its pre -inspection condition. (1) Professional Inspections: Buyer may, by 10 7rs7rt 1ty� ("Inspection Period"), make any and all inspections of the Property. The inspection(s) wil be by r erSon who specializes in and holds a,) occupational license (if required by law) to conduct home inspections or who holds a Florida license to repair and maintain the items inspected. Buyer may cancel this Contract by written notice to Seller within 5 days from the end of the Inspection Period if the estimated cost of repairs determined to be necessary by Buyer is greater ;han /✓Dcp+Go . For the cancellation to be effective. Buyer must include in the written notice a copy of the inspector's written report, if any, and repair estimates from person(s) holding an appropriate Florida license to repair the items inspected. Any conditions not reported in a timely manner will be deemed acceptable to Buyer (2) Walk -Through Inspection: Buyer may, on the day before Closing Date or any other time agreeable to the parties. walk through the Properly solely to verify that Seller has fulfilled the maintenance requirement No other issues may be raised as a result of the walk-through inspection. (� ( ) - ; )(_) I. Self -Inspection: Buyer and Seller agree that unlicensed persons, including the parties themselves, may conduct the inspections (except for Buyers wood -destroying organism inspection) permitted in Paragraph 8 of the Contract or Paragraph H of this Addendum. However, if the inspection findings differ and the parties cannot resolve the differences, Buyer and Seller together will choose, and will equally split the cost of, a professional inspector as defined in Paragraph 8 of the Contract whose report will be binding on the parties. ) - ( )( ) J. Insulation Disclosure (New Homes Only): Insulation has been or will be installed in the new residence as follows: Location Type Thickness Manufacturer R-Value Interior Walls Fiat Ceiling Area Sloped Ceiling ArBa Common Walls Between House & Garage Exterior Walls Other K Real Property Disclosure Statement: A Seller's property disclosure statement is a written disclosure of facts thaUrnaterially affect the Property value and are not readily observable. The purpose of a written disclosure statement is to assist Seller in complying with disclosure requirements and to assist Buyer in evaluating the Property. a Pre -Offer Disclosure Statement: Buyer received Setter's signed disclosure statement before signing this Contract. O Post -Offer Disclosure Statement: This offer is contingent on Seller completing, signing and delivering to Buyer a written real property disclosure statement within 3 days from Effective Date. If the statement discloses any material information about the Property that is unacceptable to Buyer, Buyer may cancel this Contract by written notice to Seller within 3 days from receipt of Seller's written statement. ( �( ) • i—�L—) L Flood Insurance Required: Buyer is notified that the Property is located in an area that was declared a flood disaster area after September 23, 1994 and received federal disaster relief assistance on the condition that flood insurance be obtained in accordance with applicable federal law. Buyer is required to obtain such flood insurance if the Property is not so insured as of the date of transfer and will be required to maintain flood insurance in accordance with applicable federal law with respect to the Property:, M. Housing for Older Persons: Buyer acknowledges that the ownersassociation, developer or other housing provider intends the Property to provide housing for older persons as defined by federal law. While Seiler makes no representation that the Property actually qualifies as housing for older persons: a the housing provider has stated that all persons who live in the Property are 62 years of age and over. O Buyer has received a copy of the housing provider's self -certification that the housing is for older persons. (!� ( ) - ( )( ) N. Pre-1978 Housing Lead -based Paint Warning Statement: "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such properly may present exposure to lead from lead -based paint that may place young children at risk of developing learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the buyer of any known lead -based paint hazards. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase." Buyer may, within the Inspection Period, conduct a risk assessment or inspection for the presence of lead -based paint al the Property. If the results are unsatisfactory to Buyer. Buyer may cancel this Contract by written notice delivered to Seller within 5 days from the end of the Inspection Period. Seller knows of the presence of the following (ead-based paint or lead -based paint hazards in the housing: and has provided Buyer with any lead hazard evaluation report in Seller's possession. Buyer has read and understands the above Lead Warning Statement and acknowledges receiving an Environmental Protection Agency lead hazard information pamphlet entitled "Protect Your Family From Lead In Your Home" prior to signing this Contract. Date 01995 Florida Association of Realtors® Buyer All Rights Reserved J � r Date Page _olAddendum No. 790 Z? ,V Ia FLORIOX ASSOCIATION OF RJALTORSO Florid state licensees are required by law to disclose which P. I)y-represent In a transaction and to allow a , ty the right to choose or refuse among the various agony lonships. The ptapose of the AGENCY DISCLOSURE is to acknowledge that the disclosure occurred and that the consumer has boon Informed of the various agency rolollonshlps which are available In a real estate tmnsaction, Tho foifowng doschpuons of terms, agency relaWnships and the rospocWL) dutlas and obligations are based upon Florida Law (Chapter 475, Fonda Slalules). 7- Seller's Agent 1 A licensee who Is engaged by and acts as the agent of the Seller only Is known as a Seller's agent. A Seller's agent has the following duties alai obligations: To the Seller: (a) The fiduciary duties of loyally, confidenllality, obedience, full disclosure, accounting and the duty to use skill, care and diligence. To the Buyer and Seller: (a) A duty of honesty and fair dealing, (b) A duty to disclose all facts known to the Seller's agent materially affecting the value of the property which are not known to, or readily observable by, the parties in a residential transaction. Disclosed Dual Agent A disclosed dual agent is a licensee who, with the Informed written consent of Seller and Buyer, is engaged as an agent for both Seller and Buyer. As a disclosed dual agent, the licensee s not mRonte t t)9;l 1terasIs o(one party to the exclusion or detriment of tfx3 Interests of the other party. A disclosed dual agenr as,atl`the,,^utles to the Seller and Buyer that a Seller's or Buyer's agent has except the duties of full disclosure and und� ally A disclosed dual agent may not disclose: (a) To the Buyer that the Seller will accept less than the asking ' fed.price, unless otherwise instructed in writing by the Seller, (b) To the Seller that the Buyer will pay a price greater than oe Ca'9U66tted in a written offer to the Seller, unless otherwise instructed in writing by the Buyer; ` (c) The motfvalion of any party for selling, buying, or leasing a 0 'Unless otherwise instructed in writing by the respective party; or ,2' ', (d) That a Seller or Buyer will agree to financing terms other than t Ose.offered, unless otherwise instructed in writing by the respective party.a",; // j AGENCY DISC LOSUR91,f,1n,f V l�(�—"tcwn Ct is a CJ buyer O seller and is hereby Informed that Name COLDWELL BANKER Residential Real Estate Inc, and of roy�ora9g F " 4,his g as Q Seller's AgenIZ yer's Agent. Nama(sj Lf dcansee(s) , You have the explicit right to choose or refuse among these relation r br kerage firms may offer you other brokerage relationships. You are free to seek arty brokerage type f relationship you desire. (O 5` F6 Date for Buyer Date Seller or Buyer I CONSENT TO DIAL AGENCY Sign only If you are giving your Informed written consent to the brokerage firm and Its licensees acting as a dual agent representing both seller and buyer. Your signature also acknowledges that you have received a copy of this disclosure. Date Seller Date Seller Seller t na Seller (print name) e Buyer Data Buyer Buyer (print a) L Btryer (print name) THE AGENCY DISCLOSURE form has been adopted by the Florida Real Estate Commission and Is required to be used by rnnl nctnta lirnn�nni ni v-i nn1 In Ri,In si.17-1 n.nIR of the n des of Ihn r`nmmi-�lnn 6- 7 9 0" SELLER'S DISCLO" "'E STATEMENT Property Address: �I t- �. l ✓ 1" .�t (, , t .,� _% " +tc1r individual named above a U.S. Citizen or resident alien? Yeas FBI No O _pprmmate Age of Property:_? %r—. Date Purchased' -- �- 2. NOTICE-jQ.gZLLEjL Each Seller is obligated to disclose to a buyer all known facts that metenally and ndversel'v affect the value of the property being sold and that are not readily observable. This disclosure statement is designed to nssist Seller in complvmg with disclosure requirements and to assist Buyer in evaluating the property being considered. The listing rent relate broker, the selling real estate broker and their respective agents will also rely upon this infonnauon when they evshlate, market and present Seller's property to prospective buyers. 3. NOTICE TO BJTYEJ This is a disclosure of Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for any inspections or warranties that Buyer may wish to obtain. It is not a warranty of any kind by Seller or a warranty or representation by the listing broker, the selling broker, or their ngents 4. QCCUPANCY, Does Seller currently occupy this property? Yes if not, how long has it been since Seller occupied the property? 5. LAND (SOIT;s_DR�iNACE AND BolsNnniilEG) (a) is there any fill or expansive soil on the property? Yes 0 No a Unknown (b) Do you know of any eliding, settling, earth movement, upheaval or earth stability problems that have occurred on the property or in the immediate neighborhood? Yes ❑ o Qom" (c) Is the property located in an earthquake zone? Yes 29'No @r Unknown :J (d) Is the property located in a flood zone or wetlands area? Yes �f No Unknown :3 (a) Do you know of any at or. present drainage or flood problems affecting the property or adjacent properties? Yee GYN0 0 !tl Do you know of any encroachments, boundary line disputes, or ensements affecting the property? Yes 0 No a -- If any of your answers in this section are "Yes," explain in detail: 6. ROOF, (a) Age:. —years. _� (b) Has the roof ever leaked during your ownership? Yes �1 No ❑ �� (c) Has the roof been replaced or repaired during your ownership? Yes id Ne El (d) Do you know of any problems with the roof or rain gutters? Yes ❑ No 'tY If any of your answers i this section are "Yes," explain in detail: 7.I2M_ ITEM gRYROi. PP��, (a) Do you have any knowledge of termites, dryrot, or pests on or affecting the property? Yes J No'Zl ^' (b) Do you have w,.v knowledge of any damage to the property caused by termites, do mt, or pests? Yes _,I No .3' (c) is your property currently under warranty or othermvecnge by a licensed pest control company? Yes Z) No :�i�. (d) Do you know of any termite / pest control reports or treatments for the property in the last five ,years" Yes 0 No'Q---7 If any of your answers in this section are 'Yes," explain in detail: 8. STRUCTURAL Pi'F.MS fir• , , , (a) Are you aware of any past or pre ent movement, shifting, deteriora Zn, or other problems with walls or foundations? Yee 0 No C3 •fb) Are you aware of any past or present cracks or flaws in the walls or foundations? Yes a No (c) Are you aware of any past or present water leakage in the house? Yes O No 3— (d) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property? Yes 0 No Gl--- (e) Have there been any repairs or other attempts to control the cause or effect of any problem described above? Yes 0 No QQ If any of your answers in this section are "Yes," explain in detail. When describing repairs or control efforts, describe the location, extent, date, and name of the person who did the repair or control efTort:_ I I 9. BASEMENTS AND CRAWi SPACES (Complete only if apnlicable) (a) Does the property have a sump pump? Yes 0 No 0 (b) Has there ever been any water leakage, accumulation, or dampness within the basement or crawlspace? Yes 0 No 0 If "Yea," describe in detail: (c) Have there been any repairs or other attempts to control any water or dampness problem in the basement or crawlspace? Yes 0 No 0 If 'Yes," describe the location, extent, date, and name of the person who did the repair or control effort: 10. ADI)lTIONSIRF.MOD ..q, (a) Have you made any additions, structural changes, or other alterations to the property? Yes D No a — If "Yes", did you obtain all necessary permits and approvals and was all work in compliance with building codes? Yes 0 No 0. If your answer is "No," explain: (b) Did any former owners of the property (make any additions, structural changes, or other alterations to the property? Yes 0 No G-V^ nknown Q. If "Yes", was all work done with all necessary permits and approvals in compliance with building codes? Yes O No O Unknown 0. Ifyour answer is "No," explain: r Buyer's Initials:Seller's Initials: Buyer's Initials: Seller's Initials: / 2?92 Mmy PMmmO Form P IS-3110 1 of 2 �- 790 n .t it. TEMs• r �) What is your drinking water source: Public ZPn• -stem _ Well on Property .,b) If your drinking water is from a well, w n was your N last checked for safety and what was the result of the test? _ �� (c) Do you have a water softener? Yes No Q Len9ed 1. Owned �d), . What is tFa type of sewage system: Public Sewer " Frivnte Sewer _ Septic Tnnk _ Cesspool Is there a eawngo pump? Yoe? U. No P-1r, M 1V)ton was those ptiVies. or cesspool last norviced? ,. y� (g) Do you know of an barku s or other roblems relatin to an of the lumbiu water, and sews e•related Y yF. P & Y F S• g iterns? Yes O No If your answer is "Yes,"explain in detail: HEATdiYS_�ilYR9?BC{pITI (a) Air Conditioning�Central Electric _Central Gas v! `irindow (a) Units included in Salo (b) Heating "-ectric _Fuel Oil _Natural Gas Other:-- (e) Water Heating v Electric _Gas _Solar Are you aware of any problems regarding these items? Yes ❑ No 11f "Yes," explain in detail _ 13. ELECTRICAL HY TLM. Are you awt.re of any problems or conditions that affect the value or desirability of the electrical system? Yes ❑ No If "Yes," explain in detail: — __� 14. QTjZ EA1AjjPMFNT t* Nn,APP� �?VS� 8 •IN . 4) .D, Mark the items included in the sale of your property: f IectricGarage Door Opener ,Number ofTransmttem ✓ tyAlamSystem (ed—Lensed) Smoke Detectors •Z' How Many? Wn Sprinklers ��L/Au(( Automatic Timer Swimming Pool Pool Heater —Spa/Hot Tub _ eouspa E ipment (h r. Refrigerator Vf"�ave —Microwave Oven �n7r /elDryer �ishwnyhcr _Trnsh Cnmpnctnr _Intercom t Ceiling Fans ^Other: Are any of these in need of repair or replacement? Yes O No 16, If -Yes," explain in detail j 15. I4 Are you aware any condition or proposed change in your neighborhood that could adversely affect the value or desirability the property, such as noise or other nuisance, threat of condemnation or street changes? Yes 0 No if "Yes;' explain in detail: 16. TQ� S�LTRSTANCES. �� V (a) Are you aware of any underground tanks or toxic substances present on ytte property (structure or soil) such as asbestos. PCBs, accumulated radon, lead paint, or others? Yes ❑ No If "Yes," ex p in in detail (b) Hns the property been tested for radon or any other toxic substances? Yes ❑ No' if'Yes," explain in dotail: 17. =W9MINIUilIS AND OTHER HOME@WNRRS ASSOCUTMj a (a) Is the property part of a condominium or other common ownership or is it subject to covenants, conditions, and restrictions (CC & R's) of a homeowner's association? Yes l—l. No U. (If your answer is "no'', you may ignore the remainder of this section). (b) Is there any defect, dnmage, or problem with any common elements or common areas which could nffect their value or desirability? Yes ❑ No ❑ Unknown ❑ (e) Is there any condition or claim which may result in an increase in assessments or fees? Yes J Nn,] Unknown Q. Ifyour answer to (b) or (c) is "Yes,"explain in detail: 18. OTHER MATTER&. ,..J / (a) Is there any ext mg or threatened legal action affecting the property'! Yes ❑ N. (b) Do you knowdT any violations of local, state, or federal laws or regulations relating to this property? ' Yes ❑ No (c) Is there anything else that you feel you should disclose to aZ ctive buyer because it may materially and adveraely affect the value or desirability of the property, o.gg violntion, nonconforming units, setback violations, zoning changes, road changes, etc.? Yea ❑ No If any of your answers in this section are -Yes," explain in detail: I The undersigned Seller represents that the information set forth in the foregoing disclosure statement is accurate and complete. Seller does not intend this disclosure statement to be a warranty or guaranty of any kind. Seller hereby authonzes Coldwell Banker to provide this information to prospective buyers of the property and to real estate brokers and sales people. Seller understands�Velqk,ees that Seller will notify Coldwell Banker in writing immediately if any information set forth in this disclosures lac gate or incorrect in a y way through the passage of time. Seller: ���%�"Date: ` Seller:_4(C-4 Date:i / RECEIPT AND AsKNOWL .DG ENT OE• / FYER 1. I HAVE CAREFULLY INSPECTED THE PROPERTY. I HAVE BEEN ADVISED TO HAVE THE PROPERTY EXAMINED BY PROFESSIONAL INSPECTORS. I ACKNOIVVLEDGE THAT NEITHER ANY BROKER OR AGENT INVOLVED IN THIS TRANSACTION IS AN EXPERT AT DETECTING OR REPAIRING PHYSICAL DEFECTS IN THE PROPERTY. 2. 1 UNDERSTAND THAT UN ESS STATED OTtERWiSE IN MY CONTRACT WITH SELLER, THE PROPERTY IS BEING SOLD IN ITS gRENT CONDITION ONLY, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND BY SELLER OR ANY BROKER OR AGENT. I STATE THAT NO REPRESENTATIONS CONCERNING F. CON- ED AROVE OR MMAr U7 Buyer: meµ^ Date:_L__2� Buyer: Date: THIN IS A LEG L`{ BINDING DOCUMENT. IF NOT UNDERSTOOD, CONSULT AN ATTORNEY. t 2192 - • � 2of2 �� 6 - 7 9.0 �i .� _._,. ,'u�.. Pt ne•e..•",r� ♦„r.n ,r• , ..nr.[,t • ..I nr ,/ter, I•, I�r„n. na..n , .er.�. ,n., n..� 89-103 MARRANTT EE %,MCo FORM A.] IPNOTO"TAYI ,(Fr1 IFRoM co R ORA ONE nFF, =$ rr my Bad hfade aEni e� a6the PCZ 1 th day of April A. D. 1989 by GROVE DE ELO MENT CORP. a corporation existing under the laws of THE STATE OF FLORIDA and having its principal place of business at 8490 S.W. 53rd Court, Miami, Florida 33143 hereinafter called the grantor, to JOEL FULLER, an unmarried person whose postoffict• nddress is 2205 S.W. 28th Street, Coconut Grove, Florida 33132 hereinafter called the grnnfee: I N'hrnver ovd herrin t1,r It- 'Ynmor" .nd nnlee" include •11 the partie+ 1. Ihil 'nnrumant and the bar,, Irul npnwnuuru and carom ul indi .dual., and the ,ucaeewn .od —r-n of ...pontion,) tL/IfnE55E'fh: That the gronfor, for and in consideration of the sum of S 10•00 and other valuable considerations, receipt whereof ii hereby acknowledged, by these presents does grant, bargain, sell, f alien. remise. release, convey and confirm unto the grantee, all that certain land situate in Dade County. Florida, vitc Document r,+ Stamps Collected ��3 �(J $ SURT;IX Doc. Stamps Coll cted C13Ct' Intengiblo Tax Collected y t Richard P. Grinkcr Cleric, Dale C Unty, Fla. f ` 13y may_ GC t I Lot 30, Block 51, SILVER BLUFF rSTATES SECTION "C", t according to the Plat thereof, as recorded in Plat Book 10, Page 65 of the Public Records of Dade County, Florida. RECORDED IH OFFICIAL AECORas buff THIS IS A SINGLE FAMILY RESIDENCE. Or DADE COURTy, `1MLA RECORD YUMED RICFLUM P. Blimm . CLERK CIRCUIT COURT .a '109eOler with all the tenements, heredilaments and appurtenances thereto belonging or to any- wise appertaining. 7 Fi IEAU AU alld tO Old, the some in fee simple forever. end the grantor hereby covenants with said prantee that if is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully war- rants the title to said land and will defend the same against the lawful claims of all persons whomsoever: I and that said land is free of all encumbrances .� { SUBJECT TO restrictions, easements, and limitations of record; taxes,for the year 1989. and subsequent years; and to all valid zoning ordinances. i ,: dinitn h .: (CORPOIiA'I'E SEAL) ereof the grantor has caused these presents to ? . , be executed in its name, and its corporate seal to be hereunto affixed,, by its proper officers thereunto duly authorized, the day and year f ir{F s[�ov¢ iuri{tl�hr,� GROVE DEV OPMENT sealed and deliver �. ... K��t� !: l.."y,vqt # s a ��• a - AT ICK IORENTINO 9�,, d'"a Z.— ... ................... ,a,a,Mt► oFLORIDA t Grantee's S.S.#�� C%"{%, 1'1i•;. •� L(h'1'.Y OF DADE J tr' 1 HEREBY CERTIFY that It. chic day, before me, an ofti", duty wthorimd in the Sou and Catptr ,fortuid Io aie persor. nr,k,orkdtmenu, ' ,ppr.r,•d PATRICK FIORENTINO - 'melt k— Io ene to be ch. Precident and re med,ely of the con or,tioo tamed u r*uur ,in the Iore60inll deed...d clot they ,e ently .cI,—kdRed taarulinj the a+ne in the eruct < of tro wbrribin; ritnta,n freely and vciunurily ,ader authority duly v ,.d in them by uid corpondon .nd th., the aal afft"d .hereto u the trx mrporne ,cal of aid earponction. • WITNESS eny L.nd And pffiei.1 rr.1 in the Cat-ty and su,e �t_mic—id chic 19th d.r of April A. D. 1989 a tp'I-R t. ljo o N4s"a ' 4, 15-008-3130 r This list i by; LESLIE LAVIN PENA.' ATTORNEY AT LAW Address aa'....... •'�a 16800 N.E. 2ND AANUE g� "OFFICIAL NOTARY SEAL* NORTH MIAMI BEACH, FLORIDA 33162 c. . ZONING FACT SHEET PZG 7 LOCATION/LEGAL 2205 S.W. 28th Street (Complete legal description on file with the Office of Hearing Boards). APPLICANT/OWNER Joel V. Fuller (Former Owner) Gustavo Sidelnik (Owner) 2205 S.W. 28th Street Coconut Grove, FL 33133 Miami, Florida 854-5800 ZONING R-1 Single -Family REQUEST Variance as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-1 Single -Family Residential to permit a structure with a rear setback of 5'-0" (20'-0" required) with credit for adjacent 20'-0" alley, where as 10'-0" is credited to rear setback. Therefore, requiring a variance of 5'-0" for an addition to a single family residence; zoned R-1 Single -Family Residential. RECOMMENDATIONS: PLANNING, BLDG & ZONING Denial PUBLIC WORKS No comments. PLAT AND STREET N/A DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A r Total Fines To Date: N/A { CEB Action: N/A HISTORY i ANALYSIS Please see attached. - ZONING BOARD Approval. APPELLANT Caroline L. Morrison and Paul Markunas. CITY COMMISSION N/A. APPLICATION NUMBER 95- 498 Page 1 September 9, 1996 Item# 7 �6`" 790 ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 95- 498 Yes No N/A X 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 buildings in the same zoning district. X The special conditions and circumstances are a direct result from the actions of the petitioner. X Literal interpretation of the provisions of Zoning Ordinance , 11000 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms 7' of this zoning ordinance and works unnecessary and undue hardship on the petitioner. X 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, X The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure. X- The grant of this 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 E is the public welfare. September 9, 1996 Item# 7 Page 2 08/21/96 90- 790 ANALYSIS FOR VARIANCE 2205 S.W. 28"' Street CASE NO: 95-498 Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, the subject proposal has been reviewed for the following Variance: Variance for rear setback: Required - 20 feet required Credit - 10 feet for being located along an alley of 20 feet in width Proposed - 5 feet proposed F i The following findings have been made: i • It is found that the subject property, while having a width of only 25 feet, has no i undue hardship due to the fact that there is already a residential structure located on z the property and therefore reasonable use of the property is currently being achieved without the proposed addition. i i • It is found that the granting of this variance will represent an overbuilding of the subject property which is already constructed to a setback line of only 5 feet at the rear of the property; the second floor addition to this portion of the site will exacerbate an already crowded condition. History: In 1993, an application for a Class II Special Permit to allow the second story addition at the rear of the subject property was denied by the Director of the Planning, Building and Zoning Department due to findings that the additional bulk which will result from the construction of a second story addition to the rear of the existing single s family residence represents an overbuilding of this particular undersized lot - specifically with respect to the scale, design and location within the context and character of the existing neighborhood. E Biased on these findings, the Department of Community Planning and Revitalization } is recommending denial of the requested setback variance for the proposed addition to a single family residence on the subject property as presented. � r F [i September 10, 1996 Teresita Las Caibar Fernandez, R.A.,A.I.C.P. Chief Office of Hearing Boards 300 Biscayne Blvd. Way Suite 400 Miami, FL. 33133 RE: APPEAL OF VARIANCE APPROVAL, 2205 SW 28th St. on Sept. 9, 1996 t I appeal the variance that was granted for 2205 SW 28th St., to Mr. Fuller and/or Mr. Sadelnik by the Zoning Board last night. Under 4 today's zoning codes this house, as it stands now, could not be built. Under today's zoning codes, it is seriously over built and violates front, side and rear set -back provisions. As Mr. Sadelnik has just bought this property it should not qualify for hardship. My home adjoins this property and I am absolutely opposed to this addition, as are the three other owners whose property adjoins 2205 SW 28th St. Respectfully yours, t Caroline L. Morrison Owner: 2794 SW 22nd Ave. Coconut Grove, FL. 33133 Lot 25 and N 1/2 Lot 26 f Silver Bluff Estates Section C, Block 51, PB 10-65 Phone:305 856-4872 i i 96- 790 i i t i t j i Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption. RESOLUTION ZB 100-96 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE VARIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-I SINGLE-FAMILY RESIDENTIAL, TO PERMIT A STRUCTURE WITH A REAR SETBACK OF 5'-0" (20'-0" REQUIRED) WITH CREDIT FOR ADJACENT 20'-0" ALLEY, 10'-0" IS CREDITED TO REAR SETBACK REQUIRING A VARIANCE OF 5'•-0" FOR AN ADDITION TO A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 2205 S.W. 28TH STREET LEGALLY DESCRIBED AS LOT 30, BLOCK 51, SILVER BLUFF ESTATES SECTION "C" (10-65) PUBLIC RECORDS OF DADE COUNTY; ZONED R-1 SINGLE-FAMILY RESIDENTIAL. THIS VARIANCE WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. Lorenzo Luaces r 4 the motion was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Moran-Ribeaux, Luaces & Carman t NAYES: 'Messrs. Crespo, Gibbs & Goldstein 1 - ABSENT: Mr. Barket' Ms. Fernandez: Motion carries 6-3. September 9, 1996 Item# 7 Zoning Board j 90- 790 a0N-IN-U 1�2AR.C+ ACTT ._PK_MXTrqg FOR va►xi ca !� Ni I move that th. equest on agdnda item ae (denied) ntgd3 In that the r`quirvmints of Section 1 (w®Ip) (were not) satic;led by relevant evidai%cs in ttia record 'of the pub: Lc hearing. 4) as stated in the Ctty's finds of fact, or b) as demonstrated by the petitioner, or d) nn of �Aa PO:lor+ing Ib -----..----------------------e-------— - — - eo. -----I6 The toning Board tha11 make findings that all of the requirements and standardt of Section 1903.1 thavu boon) (hawse not boon) dsmonotrtatod, a} Spaci4l conditions and eiraumst*nces ( do not exiat) which are peculiar to fiic?and, ttructu:e or build.Ing involved and which are not applicable to other landw, structures, or buildings In the aam6 toning district. 1) at Rtated in th+s City`is findings of £Act %) at demonstrated by the patl.tivftor An -.:�therwiso stated bolowt f b) Th& Special ecrdltions and '�dre�estan:es'(do) p na,. res--3t from the actions of they pgtltion+ r i1 as stl t4e, in t,* City , g f j! djng6 of fact �a,�' s) sa deg s an¢trxtad t7y t:te Patitioner �) *2 Othirvisv *tatea belcnwl j 1 .r.nsnM•r..�.nwr-.—�..-..w..-..wv.�.+ar..—..�t�—�a.rs+--w'�rww� - _-- ..�.u+..w 4 T c) Licercl lnterp:®ta the provisions of cne zoning trdinan.-a uld :,Wou d Adc) depriva the eppiacant cf ri4n acit ly er, jaymd by av; e:' propw t ;Rst J n tn2 saMa Zoning district unda> tits tazos of the x;;nin-t a:.:dindnca and. work unneozsa.azy a^d hardships ,n' Chr Zoetitionez:er !'� 7F S� %�-t' „t "� i►1�'�/ �G'� �;C� Via: r r,•" -he Citl iE fi fesenyrs o: te—t. f ' W 2} 8S .'�. (:.'•�i:iC `L L.•dc GC �v �h7i �, :.1x10itlfi Y; d) Granting the variance reguestbd will (will not) corIvev the arr„b txeatimoAt to individual vwn4X as to thw Caner of other land#. buildings, or structurve in the same toning district. ;) as stotvd to the City'a findinge of tact 2) as demonsrratod by the petittotter as ethor-wit� atated bvlaw a) Granting :he varis.nrs requestod (will) (will not) convey the Same treatment, any spacial privilege that n denied by the toning ordinance to other lands, bijilding# or atruaturea in the tam* toning district. F) xl'granted the variance 11 (will not bey in harmony with the general�� and purpose of the zoning ordinance, and will not be i.nyuriv.,5 to the nel.ghbor:sood, or otharwiae detriMOntal Co the public wasfartt 1) ns atatod In the City'* ri,nair_gs of faint I 2) a# damonatratcd by than p®titionor i as oth€3rwimo stated below, i 1 .+ o� ram' ........._.._._._.._ _ R6 item 96- 790 1 .• I c' PETITION FOR VARIANCE File Number A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship on the property. As used in this ordinance, a variance is authorized only for height, area, size of structure, dimensions of yards and other open spaces and off-street parking or loading require- ments. (Sect' n 1901) I�-,�thereby petition the City of Miami Zoning Board for a variance m the terms of the "Zoning Ordinances of the City of Miami," affecting property loc ted at Miami as specified below. n support of this application, the following material is submitted: 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. 2. Four copies of: the site plan showing (as required) property boundaries, j existing (if any) and proposed structure(s), parking, landscaping ! etc; building elevations and dimensions and computations of lot area and building spacing. I 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). i 4. Certified list of owners of real estate within a 375-foot radius of the i outside boundaries of property covered by the application. 5. At least two photographs that show the entire property (land and improve- ments). 6. Other (Specify) ! 7. Fee of ;� to apply toward the cost of processing, based on the 1 following: CS, PR, R-1, R-2, (single-family } and duplex residential uses) ............. 200.00 Piers, docks, wharves and the like, for each variance from t the ordinance, per lineal foot ........... 30.00 Minimum ................................... S 600.00 All other applications for each variance from the ordinance, per square foot of gross floor area of new building(s) or additions, based upon the definition of floor area (section 1901) ............. $ 0.07 Minimum ................................... $ 550.00 F 1 6- 79 i 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 ......................... $ 200.00 All other residential districts .......... $ 350.00 All nonresidential districts ............. $ 450.00 Extension of time for variance ........... $ 400.00 I , Surcharge equal to applicable fee from items above, not to exceed six hundred and fifty dollars ($650), except from agencies of the city, such surcharge to j 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. (City Code - Section 62-61) � 8. The variance requested is for relief from the provisions of section � `-' 1 of the City of Miami Zoning Ordinance as follows: i 9. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 1903.1 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the i following six items are completed. (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 buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, i necessary.) r..3 �� �� �� C�rQ Cif ����QKs' 7G y I © 4he n C� 790 �i W (b) The special conditions and circumstances do not result from the actions of the petitioner in that: (c) Literal interpretation of the provisions of the zoning ordinance mould deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: CA '�Q V-(4i�r'j 1� �, l� (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: n- QC'6C6)CQ Luz, b� ' �� �QQZ6 (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: • s (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 other- wise detrimental to the public welfare{w.` STATE OF FLORIDA) SS: COUNTY OF DADE V i�11 l h I being duly sworn, deposes and says that he is the (Owner)(Authorized agent of Owner) of the real property describe in saver to question #1 u e; that he has read the foregoing answers and that the sam r true and complete; and (if acting as agent for owner) that he has authority to x cu a this 'petition on behalf of the owner. (Name) S� � � SWORN TO AND SUBSCRIBED bef re me this : _ day of V-U i 199c". Notary public, State of Flo Vd a at Large My Commission Expires: OFFICIAL NOTARY SEAL WILLIAM R. HEFLIN NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC387725 MY COMMISSION EXP. JUNE 27, 1998 90- 790 OWNER'S LIST Owner's Name Gustavo Sidelnik Mailing Address 2205 SW 28 Street, Coconut Grove, FL 33133 Telephone Number Legal Description: Lot 30, Blk 51 Silver Bluff Estates Sec (10-65) Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address 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 Legal Description NONE. Street Address Street Address lc-nal Description Legal Description DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Go-&�)3 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 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 trusts, and/or any other interested parties, together with their addresses and proportionate interest. Iko At9i5NDY 3. Legal description and stree' t 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, STATE OF FLORIDA } SS: COUNTY OF DADE } GO n - �—i)(�e.�V1 , being duly sworn, deposes and says that he �s the (Please Print) of the real property described in ©UJ answer to question #1 above; that he has read the forego'ng sw rs and that the same answer true and complete and (if acting as attorney for owne) t at a has authority to execute the disclosure of Ownership form on bef the o (SEAL) SWORN TO AND SUBSCRIBED before e thi day of MY COMMISSION EXPIRES: Notary Public, State of Florida at La OrFIC1AL VOTARY SEAL I ERESITA L FERNANDFZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC340274 MY COMMISSION EXP. JAN. 6,1998 Lim _._ .. e,.,r•n. nri.r.un •. m•u it . •,r�mu try.,w�. n„ n,-...,n. �n,.n .n.. r. ,.•.. �...+ - 89-103 WA4PANTY EE RAMCO FORM A.3 tt'MOIOeTAYt iFgOM COR ORA b GEC. 140760� 6 Th.,C rr my Peed Trade and executed the 1 th day of Apri 1 A. D. 1989 by I GROVE DE ELT CORP. a corporation existing under Ike laws of THE STATE OF FLORIDA • and having its principal place of business of 8490 S.W. 53rd Court, Miami, Florida 33143 hereinafter called The grantor, to JOEL FULLER, an unmarried person jwhose postoffice nddress is 2205 S.W. 28th Street, Coconut Grove, Florida 33132 hereinafter called the grantee: 0A h,, r vd herein till term. nm.t"nd ty ••Ithe tole,wr wweto Sn it oit,ii miont) the er ho, treat r,pre ,i, and as , a .nd,v dusend tt and — e (tnesseth. Thal the grantor, for and in consideration of the sum of S 10.00 and other j I valuable considerations, receipt whereof is hereby aeknowledged, by these presents does grant, bargain, Dade alien, remise, release. convey and confirm unto the grantee, all that certain lend situate in Counly, Florida, viz: Documeyry Stamps Collected y _ $ SUDT•C: Dcc. Stamps Coll cted C!as C' Intcnt;iblo Tax Colrc: cd w Richard P. �i inkier C!Cr!c, Clue C unty, Fla. By l.y �r� k5' DC I Lot 30, Block 51, SILVER BLUFF ESTATES SECTION "C", according to the Plat thereof, as recorded in Plat Book 10, Page 65 of the Public Records of Dade County, Florida. RECORDED IN OFFICIAL RECORDS bum THIS IS A SINGLE FAMILY RESIDENCE. of DADE COuen, FLORIDA, RECORD YERIFIFl/ RI CIL41M P. BRINmm } CLERK CIRCUIT COURT 7 II Together with all Ike tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. 'io Rave and to hold, the same in fee simple forever, Rnd the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land: that it hereby fully war- rants the title to said land and will defend the same against the lawful claims of all persons whorrssoever, and that said land is free of all encumbrances I SUBJECT TO restrictions, easements, and limitations of record; taxes,for the year 1989. and subsequent years; and to all valid zoning ordinances. µ~ICOAPORATE SEAL) 31n With llfreof the grantor has caused these presents to be executed to its name, and its corporate seal to be hereunto affixed, by Its •r proper officers thereunto duly authorized, the day and year f irspiskiivt a rj{lhi, ATTEST:..._.. _.._._..........._.. _.. ....... GROVE DEV OPMENT _._.. _.. .. ....... t.ry _.._ ......_ .._......_ _ sealed and deliver a ese a of: ' — ..�r By...... ...... ......._ . a....... �, _AT ICK IORENTINO '+^.+• ...,� r-{, ��.. .. _ .._.......... �SyrsW giltlglQ1�' b> FLORIDA l Grantee's S.S.# 22 C/ aI11-rY OF DADE J t.• 'ri°n7 HEREBY CERTIFY that n thl. day, before me, an offirer duly authorised in the State and County af—id to ukt "kdFp,enu, lly pprised PATRICK. FIORENTINO .. prnotxa writ lno.n to Put to be the President sad mpreti"IT of the carporauou mined u Motor in the fare6oinii deed. and that they tr 11, aek ►kdx,d ese—ins the rant in the —a, of tw oub-ibi.t witrwae. tritely and rolunurily ..der authority duty —,.d in then by Laid ao,p.ntion and that the teal ffi..d there,. 4 the true corporate teal of said corporauon. WITNESS coy h..d and official vat in the Coumy sad 5u1A.1—id this 19th day .f April , A. D. 19 89 010 o r'"4 15-008-3130 �. At A ` Tlru huT tpt� F4' b}y: LESLIEATTORNELAATNLAW NA�r 4 Address ate* ... 16800 N.E. 2ND AANUE 417FICIAL NOTARY SEAL* NORTH MIAMI BEACH, FLORIDA 33162 g0� 0 Ld F3� active Date."1 � (To be completed by the la, ty-to sign or initia! acceptance of the final offer.) z PARTIES AND DESCgIF, , N OF PROPERTY 3• 1. SALE AND PURCHASE: Ujj! R ("Seller') 4' and GUSTAVO 31DT4LN1K___ _ ("Buye,') 5 agree to sell and buy on the terms and conditions specified below the property described as 6• Address: 220.�Sh2i:Lth_�itT�S'. OQCS2rLU���VE FL 33133 County: DADE 6• Legal Description: LUFF E,��h�ES SEC C PB 10-65 LOT 30 BLK 51 9 _ 10• Tax Folio No: 01-41-15-008-313, II together with all improvements and attached items, including fixtures, built-in furnishings and appliances, ceiling fans, light 12 fixtures. attached wall-to-wall carpeting, rods, draperies and other window coverings. The only other items included in the t3• purchase are: 14' 4 15• The following attached items are excluded from the purchase: 16' 17 The real and personal property described above as included in the purchase Is referred to as the "Properly " Personal property 1e listed in this Contract is included in the sales pr* Cont7irT_�rralue and is being left for Seller's convenience. 19 y ��� ND FINANCING 2o• 2. PURCHASE PRICE: $ payable by Buyer in U.S. currency as follows: 21 9th of 22• (a) $ 1000,00 Deposit received (checks are sub tt�tt nc 1 _� JUNL' .19 96 by z3 for ��I.�E�' $xrv><Ex ("Escrow Agent") 24 Signature Name of Company 25• (b) $__4000, 00 Additional deposit to be made by 30 days of accgptance M. (c) 1 66 2 5n, n_an Total mortgages (see Paragraph 3 below) (express as a do!lar amount or percentage) 27' (d) $ Other: 28• (e) $ F7 So __ no Balance to close (not including Buyer's closing costs, prepaid items and prorations). All 29 funds paid at closing must be, paid by locally drawn cashier's check or wired funds. 30 3v 3. FINANCING: (Check as applicable) ❑ (a) Buyer will pay cash for the Property with no financing contingency. 32• 0 (b) This Contract is contingent on Buyer qualifying and obtaining (1) and/or (2) below by _ , 19__ 33 (if left blank then Closing Date or within 45 days from Effective Date, whichever occurs first). 34• O (1) A c j.�itment for new 0�onventional 0 FHA 0 VA financing for $ (including PMI, MIP, VA funding 3s• fee) or ' /. of the purchase price at the prevailing interest rate and loan costs (if FHA or VA, see attached addendum). 361 0 (2) Approval for Seller financing o5t assumption of mortgage (see attached addendum). 37• Buyer will apply for financing within ,_„ days from Effective Date (5 days if left blank) and will timely provide any and all as credit, employment, financial and other information required by the lender. Either party may cancel this Contract if (I) Buyer, 39 after using diligence and good faith, cannot obtain the financing, or (11) the financing is denied because the Property 40 appraises below the purchase price and either Buyer elects not to proceed or the parties are unable to renegotiate the 41 purchase price. Upon cancellation, Buyer will return all Seiler -provided title evidence, surveys and association documents 42 and Buyer's deposil(s) will be returned after Escrow Agent receives proper authorization from all interested parties. 43 CLOSING 44 4. CLOSING DATE; OCCUPANCY: This Contract will be closed, tIhe dee and possession delivered, the Property swept clean 45• and Seller's personal property removed on or before SEPT_ 6unless extended by other provisions of this Contract 46 47, 5. CLOSING PROCEDURE; COSTS: ❑ Buyer © Seller will select a closing agent acceptable to Buyer and Buyer's lender. 46 If title insurance insures Buyer for title defects arising between the title binder effective date and recording of Buyer's deed, 49 closing agent will disburse at closing the net sale proceeds to Seller and brokerage fees to Broker as per Paragraph 18. In 50 addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. 51 (a) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure fillet crrlilied, 52 confirmed and ratified special assessment liens and, if an improvement is substantially completed as of Effective Date, an 53 amount equal to the last estimate of the assessment; up4o-4, 55• -Repal*44R*�, Title Evidence (see Paragraph 10): (check one) 0 (1) abstract ")prior policy U (3) owner's title 56• insurance commitment and policy; Other: _ 57 (b) Buyer Costs: Buyer will pay taxes and recording fees on notes and mortgages; recording fees on the deed and 56 financing statements; loan expenses; pending special assessment liens; lender's title policy; inspections; survey; flood 59 insurance; and owner's title insurance policy, it Seller provides an abstract or prior policy as title evidence 60, (c) Otter Costs: ffBuyer O Seiler 0 Both parties equally will pay for the abstraMitle search, examination, related charges. s1• ❑ Buyer 0 Seller 0 N/A will pay for a home warranty plan issued by at a cost 62• not to exceed $ A home warranty plan provides for repair or replacement of a home's mechanical systems 63 and major built-in appliances in the event of breakdown due to normal wear and tear during the agreement period. 64 (d) Prorati=: The following items will be made current (if applicable) and prorated as of the day before Closing Date. real estate 65 taxes, interest, bonds, assessments, association fees, insurance, rents and other current expenses and revenues of the Property. 66 If taxes and assessments for the current year canrdlbe determined, the previous year's rates will be used with adjustment for 67 homestead and other exemptions, improvements and increase due to change in ownership. 6e (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Properly Tax Act, which may 69 require Seller to provide additional cash at closing if Seller is a "foreign person" as defined by federal law. 78 PROPERTY CONDITION . . 71 6. INSPECTION PERIODS: Buyer will complete the inspections referenced in Paragraphs 7 and 8(a)(2) by 72' , 19� (within 10 days from Effective Date if left blank) ("Inspection Period"). the wood- 73' destroying organism inspection by within 1-0_,daya 1f'ron +f flank), and the walk-through 74 inspection on the day before Closing Date or a r�ea tole hipie!• 75' BLW U and SeIIe�j acknowledge receipt of a copy of this page, which is Page 1 of 4 Pages, FAR-3 Rev tel95 (41995 Florida AssOCw n oI REUTon5O All Rights Reserved 96- 7-9n i i OPINION CARTS FOR OWNERS OF PROPERTY WITHIN 375' COMPLETE FORM AND MAIL, THIS CARD MUST BE RECEIVED BY 1:00 P.M. ON THE DAY OF THE HEARING. I/ We, as owner (s) of lot *S>r E B ,Ow Block of the Subdivision Property bought in the last year? CO Yes No Col Favor ' I/ W E THE PETITION 1. A/Opose SEF > Signature -z�'n���_ni��� ��� Print NmmeCAROLINE L. I+' iORRISONAddress 2794 SW 22ND AVE I Remarks *** ___ MIAMI FL 33133 Item No, �' *SILVER BLUFF ESTATESeir LOT 251iON 1/ 2 LOT 26 .� I LOT SIZE 37.50 X 100 } ***ABSOLUTELY OPPOSED FOR THE SECOND TIME? C�11 iLCLGr, my b -k yCL'A Cd �i>rtnC� e::zr _ .' Je t m pcu ll- O J .� \1 S ry-�y PLACE STAMP 4Zct 1eer��lc �k �S my HERE 1 ec1c�..1 red �� � ` .c•.►-� ���- � i=. e. c�S M�nr�Eso1-c`.� r" n e} cc= u:� h -t CITY OF MIAMI f HEARING BOARDS DIVISION P•O-BOX 330708 i MIAMI. FLORIDA 33233-0708 . (>G4"Ce Sc_ he !FL� w 4 `�-��� U-� h J • % n C�-� e- c� c� u.�{f-ior�s iY - 9 :! — 790 Li Maria Fa.ria, Administrative Assistant office of Hearing ?-D,!:rds 300 Biscayne '�:.v,... ti,,ay RE: REQUESTED VARIANCE BY J. FULLER, 2205 SW 29th St. I own and live in my home which adjoins J. Fuller's property and contini3e to be i_n total opposition to the variance he again seeks for the purpose of expanding his house. Under today's codes, it seri;usly violates front, side, and rear set back provisions now. If he is allowed the variance to enlarge his house, the resultant building would take away all my feelings of pri.vacv in the living and dining areas of my home and in the back yard patio area. My quality of life would be lessened dramatically.&u No amount of landscaping orse of blinds or shutters would ease my resultant problem. The sunlight and breese patterns would definitely be obliterated or severely ct.rtail.ed. I do not, understand how the building was allowed to be built in the first place. From my view it looks like a hunker, and enlarged would look like a tower. The idea of it overwhelms me. Mr. Fuller knov?s how much his neighbors feel about his attempts to enlarge, but he still wants to push this through. I feel considerably harassed by him for this reason. I agree with Mr. John Betancourt's letter to you in its entirety. As I am out of state in Minnesota this month, I have given my daughter, Kathleen Morrison Blank power of attorney to speak for :tie at the Sept. 9 hearing. Raspectfull.y yours, Caroline L Moms= tiot 2ti = itr5 1 of . 6 Silver El%;ff. Estates, Section C i � p"8. �i NOTICE TO THE PUBLIC AND PARTICULARLY TO OWNERS OF REAL ESTATE WITHIN 375 FEET OF 2205 S.W. 28th Street (Complete legal description on file with the Office of Hearing Boards). A PUBLIC HEARING will be held by the City of Miami Zoning Board on Monday, September 9, 1996 at 7:00 p.m. in City Hall, 3500 Pan American Drive, Dinner Key, to consider the following: Variance as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-1 Single -Family Residential to ermit a structure with a rear setback of 5'-0" (20'-0" required with credit for adjacent 20'-0" alley, where as 10'-0" is credited to rear setback. Therefore, requiring a variance of 5'-0" for an addition to a single family residence; zoned R-1 Single -Family Residential. The PETITIONER or PETITIONER'S LEGAL REPRESENTATIVE must be present at this Hearing. All interested real estate owners are invited to express their views. The petition and supporting papers for this Public Hearing are on file at the Office of Hearing Boards located at 300 Biscayne Boulevard Way, Suite 400, 4th Floor, Miami, Florida and are available for review during working hours. Phone: 350-7932. Should any person desire to appeal any decision of the Zoning Board with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F/S 286-0105). CITY ORDINANCE NUMBER 10087 ADOPTED MARCH 18, 1966, AS AMENDED, GENERALLY REQUIRES ALL PERSONS WHO ARE APPEARING IN A PAID OR REMUNERATED CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID AMENDED ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. 95- 790 September 4, 1996 FOR DISTRIBUTION TO THE ZONING COMMISSIONER AND ZONING BOARD Maria Faria, Administrative Assistant (VIA OVERNIGHT LETTER AND FAX) Office of Hearing Boards 300 Biscayne Blvd. Way Suite 400 Miami, Florida 33131 RE: REQUESTED VARIANCE BY J. FULLER OF 2205 SW 281h STREET I am the owner of the home immediately next to J. Fuller and am in total opposition to the variance that he seeks to expand his home. I cannot attend the hearing as I will be out of the country on business. Please note the key points of my opposition: 1. Under todays Zoning Codes, this home, as it stands now, cannot be built. Under today's zoning codes, it is seriously overbuilt. Under today's codes, it seriously violates front, side and rear set -back provisions. As it stands right now. 2. Allowing this owner to further expand this over -built property would be a further violation of our community zoning codes and would seriously infringe upon my: ® air and wind flow to my home • afternoon sunlight into my rear patio and kitchen ® privacy in the rear of my home ® overall quality of life This is Mr. Fuller's second attempt to force this through your offices. My neighbors and I now consider this to be harassment, as his home is for sale — and he is looking to capitalize financially on this expansion. Furthermore, how this house was ever built on a 25ft lot is mystery to all of us. It violated the zoning laws at the time it was built. We will not tolerate any further building violations of Cocunut Grove by the City of Miami. My neighbors and I are of means and we certainly will take legal action against the City of Miami if this violation is allowed to proceed. Respectfully yours, John Betancourt Owner: 2201 SW 28"' Street, Coconut Grove, FL. 33133 349 West 871h Street lots 27,28,29 and south 1/2 of lot 26 New York, NY 10024 Silver Bluff Estates Section C, Block 51, PB10-65 5911 03:3 96- 79 NOTICE TO THE PUBLIC AND PARTICULARLY TO OWNERS OF REAL ESTATE WITHIN 375 FEET OF 2205 S.W. 28th Street (Complete legal description on file with the Office of Hearing Boards). A PUBLIC HEARING will be held by the City of Miami Zoning Board on Monday, September 9, 1996 at 7:00 p.m. in City Hall, 3500 Pan American Drive, Dinner Key, to consider the following: Variance as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-1 Single -Family Residential to a structure with a rear setback of 5'-0" (20'-0" require�ermit with credit for adjacent 20'-0" alley, where as 10'-0" is credited to rear setback. Therefore, requiring a variance of 5'-0" for an addition to a single family residence; zoned R-1 Single -Family Residential. The PETITIONER or PETITIONER'S LEGAL REPRESENTATIVE must be ` present at this Hearing. All interested real estate owners are invited to express their views. The petition and supporting papers for this Public Hearing are on file at the Office of Hearing Boards located at 300 Biscayne Boulevard Way, Suite 400, 4th Floor, Miami, Florida and are available for review during working hours. Phone: 350-7932. Should any person desire to appeal any decision of the Zoning Board with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (PIS 286.0105). CITY ORDINANCE NUMBER 10087 ADOPTED MARCH 18, 1986, AS AMENDED, GENERALLY REQUIRES ALL PERSONS WHO ARE APPEARING IN A PAID OR REMUNERATED CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID AMENDED ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. 95- 790