HomeMy WebLinkAboutM-94-0056-93-888
K
93
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
\3:A
ONS, BY CHANGING THE ZONING
CATION FROM R-1 SINGLE FAMILY
IAL AND SD-18 MINIMUM LOT SIZE
DISTRICT TO R-1 SINGLE FAMILY
IAL WITH NO SD-18 MINIMUM LOT SIZE
DISTRICT FOR THE SOUTH 149.68' AND
SINGLE FAMILY RESIDENTIAL AND SD-18
T SIZE OVERLAY DISTRICT TO OFFICE
-18 MINIMUM LOT SIZE OVERLAY
DISTRICT F THE NORTH 149.68', FOR THE
PROPERTY LO TED AT 2037 SECOFFEE STREET,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); AND B MAKING ALL OF THE NECESSARY
CHANGES ON PAGE . 43 OF SAID ZONING ATLAS;
CONTAINING A RE ALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning oa
November 15, 1993, Item No. 7, follow
adopted Resolution No. ZB 117-93, by a
RECOMMENDING DENIAL of a change of z
at its meeting of
an advertised hearing,
,en to zero (7-0) vote,
classification, as
Ihereinafter set forth; and
WHEREAS, the City Commission after careful nsideration of
this matter, and notwithstanding the RECOMMENDATION F LiENIAL by
the Zoning Board, deems it advisable and in the best terest of
the general welfare of the City of Miami and its inhab"N
grant this change of zoning classification as hereinafte
forth;
s to
set
DENIED no d _ 56
MOTION No,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
Article 4, Section 401, Schedule of District Regulations, is
hereby amended, by changing the zoning classification from R-1
Single Family Residential and SD-18 Minimum Lot Size Overlay
District to R-1 Single Family Residential with no SD-18 Minimum
Lot Size Overlay District for the south 149.68' and from R-1
Single Family Residential and SD-18 Minimum Lot Size Overlay
District to Office with no SD-18 Minimum Lot Size Overlay District
for the north 149.68' , for the property located at 2037 Seooffee
Street, Miami, Florida, also described as Lot 10, Block "E",
BISCAYNE PARK TERRACE, according to the Plat thereof as recorded
in Plat Book 2 at Page 36 of the Public Records of Dade County,
Florida.
Section 2. It is hereby found that this zoning
classification change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent and nearby districts;
(d) is not out of scale with the needs of the neighborhood
or the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
- 2 - 914- 56
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
U) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property values in the
adjacent area;
(1) will not be a deterrent to the improvement or
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page No. 43 of the Zoning Atlas, made a part
of Ordinance No. 11000, as amended, the Zoning Ordinance of the
City of Miami, Florida, by reference and description in said
Ordinance, is hereby amended to reflect the changes made
necessary by this amendment.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. If any section, part of section, paragraph,
clause, phrase, or word of this Ordinance is declared invalid,
the remaining provisions of this Ordinance shall not be affected.
94- 56
3 -
Seotion 6. This Ordinanoe shall, became effective thirty
(30) days after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this day of
, 1994.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1994.
ATTEST:
MATTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
. Agg Gl)A
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
. Qltm O S, II ///
CITY ATT Y
GMM/awa/M1072
- 4 -
STEPHEN P. CLERK, MAYOR
94- 56
ZONING FACT SHEET PZw 7
LOCATION/LEGAL 2037 Secoifee Street
Lot 10, Block "E", BISCAYNE PARK TERRACE (2-36) PRDCF
APPLICANT/OWNER Thomas L. and Bernice Tatham for Tat Co. Adrianne F. Pardo, Esq. for Key
1221 Brickell Avenue
2600 S.W. 27 Avenue Miami, Florida 33131
Miami, Florida 33133 (305)579-0683
(305)446-1967
ZONING R-1 Single Family Residential and SD-18 Minimum Lot Size District
REQUEST Change of zoning classification as listed in the Zoning Atlas of Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section
401, Schedule of District Regulations, from R-1 Single Family Residential and SD-18
Minimum Lot Size District to R-1 Single Family Residential with no SD-18 Minimum Lot
Size District overlay for the S 149.68 ft. and from R-1 single family residential
and SD-18 Minimum Lot Size District to 0 Office with no SO-18 for the N 149.68 ft.
of the above subject property.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS Existing platted lot will be divided..See attached
PLAT AND STREET
DADE COUNTY TRANSPORTATION
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00
Lien Recorded on: N/A Total Fines To Date: N/A
CEB Action: N/A
HISTORY
ANALYSIS The zoning classification of the property is R-1 with an SD-18 overlay district, which was
originally created with minimum frontage and lot dimensions to protect the residential
neighborhood. The subject property is located immediately behind, and to the south, of an
Office designated area, and the purpose of this zoning change petition ;; to extend the 0 ice
designation southerly over the north part of the subject lot, in order to increase the parki
for the existing Office use to the north. To achieve the purpose of the petition, the SD-18
overlay district is being requested to be removed from the entire lot, both north and south. By
removing the SD-18 overlay district, the proposed change would adversely influence the
character of the neighborhood, by creating a smaller lot size. An undue encroachment would be
created into the residential area, thereby setting a precedent that could change the character
of the block and ultimately the character of the entire neighborhood.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Recommended for denial to City Commission. (Res. No. 117-93)
93- 210
Page 1 November 15, 1993
94- 56
Z 0 N I N G F A C T S H E E T
Additional comments of 2037 Secoffee Street:
PUBLIC WORKS: ..by a zoning district boundary line upon approval
of this request without the creation of a new lot
line by the platting procedure.
Z 94- 56
November 15, 1993 Item -17
ANALYSIS OF PROPOSED ZONING CHANGE
APPLICATION NUMBER 93- 210
ties ,, N/A _
The proposed change is in harmony with the adopted Miami Compre-
hensive Neighborhood Plan, 1989-2000, and does not require a plan
amendment.
The proposed change is in harmony with the established land use
pattern.
X
The proposed change is related to adjacent and nearby districts.
The change suggested is within scale with the needs of the neigh-
borhood or the City.
The proposed change maintains the same or similar population
density pattern and thereby the load on public facilities such as
schools, utilities, streets, etc. is the same.
X
Existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
There are changes or changing conditions that make the passage of
the proposed change necessary.
X
The proposed change positively influences living conditions in
the neighborhood.
The proposed change has the same or similar impact on traffic and
does not affect public safety as the existing classification.
z
The proposed change has the same or similar impact on drainage as
the existing classification.
The proposed change has the same or similar impact on light
and air to adjacent areas as the existing classification.
i
The proposed change has the same or similar impact on property
values in the adjacent areas as the existing classification.
The proposed change will contribute to the improvement or deve-
lopment of adjacent property in accord with existing regulations.
X
The proposed change conveys the same treatment to the individual
owner as to the owner within the same classification and the
immediate area; and furthers the protection of the public welfare.
X
There are substantial reasons why the use of the property is
unfairly limited under existing zoning.
X It is difficult to find other adequate sites in the surrounding
area for the proposed use in districts already permitting such
use.
3
Nnvomhor 1� 1993 item#9 4 —
56
-r_
rpM1'•
Mr. Arcn.nio Milian offered the following Resolution and
moved its adoption.
RESOLUTION ZB 117-93
i
AFTER CONSIDERING THE FACTORS SET FORTH IN
ZONING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING BOARD RECOMMENDED DENIAL TO THE CITY
COMMISSION OF THE CHANGE OF ZONING IN THE
OFFICIAL ZONING ATLAS OF THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FROM R-1 SINGLE FAMILY
RESIDENTIAL AND SD-18 MINIMUM LOT SIZE
DISTRICT TO R-1 SINGLE FAMILY RESIDENTIAL
WITH NO SD-18 MINIMUM LOT SIZE DISTRICT
OVERLAY FOR THE S 149.68 FT. AND FROM R-1
SINGLE FAMILY RESIDENTIAL AND SD-18 MINIMUM
LOT SIZE DISTRICT TO OFFICE WITH NO SD-18
MINIMUM LOT SIZE DISTRICT FOR THE N 149.68
FT. FOR THE PROPERTY LOCATED AT 2037 SECOFFEE
STREET ALSO DESCRIBED AS LOT 10, BLOCK "E",
BISCAYNE PARK TERRACE (2-36) PUBLIC RECORDS
OF DADE COUNTY.
Upon being seconded by Ms. Elba Morales the motion was
passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Sands, Alonso-Poch, Milian
Barket and Luaces
NAYES: None.
ABSENT: Messrs. Moran-Ribeaux, Fox and Gener
Ms. Fernandez: Motion carries 7 to 0.
November 15, 1993 Item #7
Zoning Board 7
94-- 56
APPLICATION FOR AMEHMENT TO ZONING ATLAS File Number 92•
I ADRI-= NE FRIESVER PARDO hereby
apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of
Miami as more particularly described herein and, in support of that request, furnish the following
information:
X 1. Address of property: The South 149.63 feet of 2037 Seacoffe Street
X 2. Two surveys, prepared by a State of Florida Registered land Surveyor.
X 3. Affidavit disclosing ownership of property covered by application and disclosure of interest.
(See attached fore.)
X 4. Certified list of owner of real estate within a 375-foot radius of the outside boundaries of
property covered by this application. (See attached form.)
X 5. At least two photographs that show the entire property (land and improvements.)
X 6. Atlas sheet(s) on which property appears:
X 7. Present zoning designation(s): R-1 and SD-18
X 8. Proposed zoning designation(s): R-1 with no SD-18 overlay
X 9. Statement explaining why present zoning designation is inappropriate. (See attached form.)
X 10. Statement as to why proposed zoning designation is appropriate. (See attached form.)
X 11. Other (Specify)
12. Filing fee of t according to following schedule:
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area ............. S 0.12
Minimum....................................................... $550.0b;
R-3, R-4, 0, G/I, per square foot of net lot area ............. f 0.1,L
Minimum....................................................... $650.0W
C-1, C-2, I, per square foot of net lot area .................. $ 0.20a
Minimum....................................................... $750.00-
CBD and all SO's, per square foot of net lot area ............. $ 0.2r;
Minimum ............................................. :...... ... SO.
Signature:
Adrienne - Friesner Pardo
Name: Greenberg, Trauricr, et al.
1221 Brickell Avenue
Address: Miami, Florida 3313
Phone: (305) 579-0683
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Pardo
bung duly sworn, deposes and says that he is the (Owner)(Authorized Agent for
Owner) of the real property described in answer to question 1 above; that he has read the ---foregoing answers
and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute
this petition on behalf of the owner.
SWORN TO AND SUBS11BEO Adrienne Friesger . Pd(r;dg:� ; f
before me this '' day of 19�
MY COMMIS N EXPIRES: �.,;', "" Notary Public, State of Flortds t tame
r""sonally Known --
A F F I D A V I T
STATE OF FLORIDA }
•} SS
COUNTY OF DADE } _
Before me, the undersigned authority, this day personally appeared
Adrienne Friegnar PArAr% , who being by me first duly sworn, upon oath, deposes
v
and says;
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for his to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
/L _0/4144/-AdekA� � `�.E•6iAI� ��
(NO") Adrienne Friesner Pardo
Sworn to and Subscribed,befere-me,
this 114— day of •'' ,••1a7,���
0 th Take
to
Note ry Public, State:.ot F1 i �L�6Ant
My Commission n Ep i res: tir .ter• • _ 9
4 ` 56
tin.
OWNER'S LIST
Owners Name Tat Co.
Mailing Address 2600 S.W. 27 Avenue. Miami Florida 3 3 1 ' 3
Telephone Number 4 4 6 -19 6 7
2037 Seacoffee Street, Miami, Florida
Legal Description: The South 149.68 feet of Lot 10, -
Block E, Biscayne Park Terrace, PB-2 at
Page 36 of the Public Records of Dade County, Florida
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name -'
Mailing Address a
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
2037 Seacoffee Street The North 149.82 feet of Lot 10,
Block E, Biscayne Park Terrace,
Miami, Florida PB-2 at P-36 of the Public Records of
Dade County, Florida
Street Address Legal Description
2085 Seacoffee Street Lot 12 Blk F. uiGe-a1+nP'Park
PB-2 at P-36 of the Public Records o
Dade County, Florida
Street Address Legal Description 1 1
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
The South 1-49.68 feet of Lot 10, Block E, Biscayne Park Terrace,
PB-2 at Page 36 of the PRDC.
2037 Seacoffee Street
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 i W_ rest,
either direct or indirect, in the subject matter of a presentation, re0est or
petition to the City Commission. Accordingly, question 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other inirerested
parties, together with their addresses and proportionate interest. `
Tat Co.
Equal shareholders of Tat Co. are Thomas L. Tatham4nd Bernice
Tatham of 2600 S.W. 27th Avenue, Miami, FL 33133.
3. 'Legal description and street address of any real property (a) owned by any party
listed in answer to question !2, and (b) located within 375 feet of the subject
real property.
2037 Seacoffee Street -
The North 149.82 feet of Lot 10, Block E, Biscayne Park Terrace,
PB-2 at P-36 of the PRDC,
2085 Seacoffee Street - Lot 12, Blk E, Biscayne Park Terrace,
PB-2 at P-36 of the PRDC. l'j
OWNER OR ATT EY FOR OWNER (./
Adrienne Friesner Pardo
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Pardo , being duly sworn, deposes and says that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question #I,
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
Adrienne Friesner Pardo
SWORN TO AND SUBSCRIBED
before me this
day of
Not ty
Public, State of Floridt at Large
MY COMMISSION EXPIRES:
rAC "!',
12
al.IzwaDYF
Personally Known IdoTARYPUBLiC;-A'I'1 f, FLORiDA
Oath Taken MYSSiV-1 FEB.131996
°4- 56
APPLICATION FOR AMENDMENT TO ZONING ATLAS File Number 92.
I Adrienne Friesner Pardo hereby
apply to the City Commission of the City of Miami for an amendment to the Zoning Atlas of the City of
Miami as more particularly described herein and, in support of that request, furnish the following
information:
X 1. Address of property: The north 149.82feet of 2037 _,;ac-nffoo Gi-,-PAS
- X 2. Two surveys, prepared by a State of Florida Registered Land Surveyor.
X 3. Affidavit disclosing ownership of property covered by application and disclosure of interest.
(See attached form.)
X 4, Certified list of owner of real estate within a 315-foot radius of the outside boundaries of
property covered by this application. (See attached form,)
X 5. At least two photographs that show the entire property (land and improvements.)
X 6. Atlas sheets) on which property appears:
, X 1. Present zoning designation(s): R-1 and Gn-1 R
_x 8. Proposed zoning designations): _ Office
_ x 9. Statement explaining why present zoning designation is inappropriate. (See attached for".)
�- 10. Statement as to why proposed zoning designation is appropriate. (See attached fakm.)
ll. Other (Specify) -~
,x_ 12. Filing fee of $�/� r, as 3 ording to following schedule:
Change of zoning classification to:
CS, PR, R-1, R-2, per square foot of net lot area ............. $ 0.12
Minimum....................................................... SS50.Q0`
R-3, R-4, 0, G/I, per square foot of net lot area ............. .1 `
Minimum....................................................... 650.
C-1. C-2, 1, per square foot of net lot area .................. S 0.20
Minimum....................................................... $750.00
CBO and all SD's, per square foot of net lot area ............. $ 0.22
Minimum....................................................... $850.00
_Q Signature:
Nam: Adrienne Friesner Pardo
Greenberg Traurig
Address: 1221 Brickell Avenue, 14iami, FL 33131
Phone: 579-0683
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Pard$sing duly sworn, deposes and says that he is the (Owner)(Authorized Agent fo
Owner) of the real property described in answer to question 1 above; that he has read the foregoing aanswers
and that the same are true and complete; and (if acting as agent or owner) that he has authority to execute
this petition on behalf of the owner.
SWORN TO AND SUBSCRIBED Adrienne Friesner, n Q.
before me this r11�6'day of
MY COMMISSION EXPIRES: - _ _ Notary Publ3
ic, State Alorida Ta �r 1
'4 - 56
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE } -
Before me, the undersigned authority, this day personally —Eppeared
Adrienne Friesner Pardowho being by me first duly sworn, upon oath, deposes
and says:
v
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Mimi, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a 'part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
O�A,44
(Name) Adrienne Friesner 'Pardo
Sworn to and Subscribed befo..re me
this _�,;19� •• , = .
14athOTa7en�
NotaryPublic, State of .Fl; it at 1Lic4e:
A.rao _ w n:: 9 4 — 5 6
wv rm"iteion Exoires: J' •��- *~ ��'��"'"'
-- OWNER'S LIST
owners Name Tat Co.
Mailing Address 2600 S.W. 27 Avenue, Miami, Florida 313133
Telephone Number 4 4 6 -19 6 7
Legal Description: 2037 Seacoffee Street, Miami, Florida
The North 149.82 feet of Lot 10,
Block E, Biscayne Park Terrace, PB-2 at
Page 36 of the Public Records of Dade County, Florida
owner's Name
Mailing Address
Telephone Number
Legal Description: ``
. f
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
2037 Seacoffee Street The South i Aq69 feet of T.Ot I n ,
Blk E, Biscayne Park Terrace, PB-2
at P-36 of the PRDC.
Street Address Legal Description
2085 Seacoffee Street Lot 12, Blk E, Biscayne Park Terrace,
PB-2 at P-36 of the PRDC.
Street Address Legal Description
OISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
2037 Seacoffee Street
The north 149.82 feet of Lot 10, Blk E, Biscayne Park Terrace,
PB-2 at P-36 of the PRDC.
. ,r.
2. Owner(s) of subject real property and percentage of ownership. Note: Citzt f Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, ciquest or
petition. to the City Commission. Accordingly, question 12 requires disk>osure of
shareholders of corporations, beneficiaries of trusts, and/or any other ilPterested
parties, together with their addresses and proportionate interest.
Tat Co.
Equal shareholders of Tat Co. are Thomas L. Tatham and Bernice
Tatham of 2600 S.W. 27th Avenue, Miami, FL 33`133.
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 12, and (b) located within 375 feet of the subject
real property.
2037 Seacoffee Street
TheSouth149.68 feet of Lot 10, Bk E Biscayne Park Terrace,
PB-2 at P-36, PRDC and
2085 Seacoffee Street - Lot 12, Blk E, Biscayne Pa Terrace,
PB-2 at P-36, PRDC.
o -
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Adrienne Friesner Par dq being duly sworn, deposes and says that he is the
(Owner) (Attorney for InW of the real property described in answer to question /1,
above; that he has read the foregoing answers and that the s m are true and complete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership fore on behalf of the owner.
n j,, d
(Name '
Adrienne Friesner Pardo
SWORN TO AND SUBSCRIBED
before me thisdw
7�1A�P6:.OL
day of_, 19
Notary Public, State of f1F`rfdaVk4
MY COMMISSION EXPIRES: 16
ersonally Kno .� ,~S
Oath Taken~�
4- 56
GBEENBEflG
t r r H 1. F i t r I t o
I � •naru 1 A.lir•r
Arma-
I•am H Ar,m-.
I la.ei 1' \-hb.j rn
I harl,•- M Au-ian,let
Il,nol r. Airm
l.r•d R Bagge❑
K,•*r, L. Banh
H.iarir Ba..
1 I)a..n Beuthev
man J Bent:,rd
L.-a J. Berger
Dale Berman
Bridget Berry
Mark F Bideau
Lnrence Jon Birlb.
\lark D. Bloom
Reginald L. Snuthdher. Jr.
Hov.ard Bregman
Blake D. Bringgold
Francis B. Brogan. Jr.
Burt Bruton
Bernardo Burstein
David R. t":hase
Michael J. Chermga
\n i.h... w ke
i I),•r•,t I.��n.n
\'Jn I' IumnnJ
C•�n� I II,�n.d�.
Lu. J \ Ih•u¢n� •i.
1 .Jn�la,-.• H Unll
U'iiiiam B Eck
Kenneth Edelman
I.harle. W Edgar. III
Arthur J Enalanu. Jr.
Gar. M. Epstein
Hertry H. iBuc•kv, Fnc
Jefrrev R. Fried
Rubin F Frvdman
Robert t.. Gang
Richard G. Garrett
Brian K. 6art
Jeffrry Gilbert
Laurie L. Gildan
Bruce H. Giles -Klein
Richard J. Giusto
Lawrence Gndnfskv
Jorl K. Goldman
Steven E. Goldman
Adrienne Friesner Pardo
(305) 579-0683
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
•t,•..•n M. Gold.muh
J,�..•ph t, t;,,ld,tein
, ,;nodman
\1anh.•t. B I:nrsnn
Dianne Greennere
\lelvin N Greenberg
-andra P Greenblatt
Rohm L. Grossman
Barbara A Hall
Paige A Harper
Fred F. Harris. Jr.
Alberto M. Hernandez
1;. Hernandez•Lonsteln
Jeffrev A. Hirsch
Kenneth C. Hnffman
Larry J. Hoffman
Kenneth A. Hnrkv
Gerald J. Houlihan
Kroh A. James
Martin Kalb
�trven M. Katzman
David S. Kenin
%�trven J. Kravitz
Rnnald C. UFace
%�Irven A. Land
Steven B. Lapidus
Nancy B. Lash
Nl.h.• \1 Lehri,.•Id
Jame. P - Le I)j .
Mar, 1. Lein
I N, at Le. in
\orman H Lipnff
Carlo% E. Lnumiet
Juan P. Laumiet
Bruce E. Matd„nnurh
Robert P Macina
Alfred J. Malefatto
Samantha D. Mallov
Ines Marrern•Priegues
Enrique J. Martin
Pedro 1. Martinez•Fraga
Joel D. Maser
Juan J. Mavol. Jr.
Robert R. McDonald
John T. Metzger
Janet L. O'Brien
Maury R. Olicker
Rebecca R. Orand
Debbie M. Omhefskv
.Aileen Ortega
A. Friesner Pardo
Stevan J. Pardo
Rose Parish -Ramon
Marshall R. Pasternack
�.Iua , Penne..
Rcrnn t. Petersen
R-diero, R Pnnn
Albert 1). 9VrnV•I
Vt%ian Pazn, Quiraga
I.. R.an fieetz
Hark J. He,.man
Lui, H,•Iter
Barr. -rntt Richard
A. Jeffre Robtm..n
Kenneth B. Rohin« n
Raquel A Rndriguez
Alan H. Rolnick
Marvin S. Rosen
Richard A. Rosenbaum
Ronald M. Rnarngarten
David L. Ross
Gary A. Saul
Elliot H. Scherker
Mark P Schnapp
Clifford A. Schulman
Paul E. Shapiro
Randv J. Shaw
Paul A. Shelowilz
Brian J• Sherr
Enrique Silva
Marlene K. Silverman
September 9, 1993 `
Re: 2037 Seacoffee Street, Miami, Florida
Dear Teresita:
Laura P •n i•n . ,,.,.
Joel I. 1 V..•.
Rnnert H R."r:¢
Rr,an J 14a,.h
K.•Ith Ka......v•rn
L•1fre. Re,tn• rn Hrmifnr,i I, A—,
H,,-art A %�•ra er
Jerndd A R
Timoth. D atilt..
Linda G A, rF' n
Julie A Lahni-.•r
T. Ra.ne Uav,-. •1 r:•,un• i
Arnold J. Hoffman. ,f (..-,n e
Patrick T. I)'Brien. of C: in.e
B. K. Roberts. ,d' Cuunsel
?loan Salovin, of Counsel
Craig E. Stein, of Coun-el
Marc M. aalson. of G.un.e•
Zachary H. a•'nlff. Retired
Enclosed are two rezoning applications and one comprehensive plan amendment for
the property located at 2037 Seacoffee Street. My client, Key Investments, Ltd. ("Key
Investments"), has a contract to purchase the property located at 2037 Seacoffee Street. Key
Investments seeks to purchase this property in order to utilize the north 149.82 feet for a
parking area for its existing office building which is located on US-1 at 2140 South Dixie
Highway.
In order to utilize the north portion of the lot for parking, Key Investments is
required to seek a zoning amendment and comprehensive plan . amendment. Key
Investments only seeks to use this area for parking and will construct a wall along the south
and east property lines of the northern portion The area will also be landscaped with trees
and there will be no vehicular access from Seacoffee to the northern portion of the property q
which seeks to be rezoned to Office. The Office district is an appropriate designation for
GREENBE G TRAURIG HOFFMAN. UPOFF. ROSEN & QUENTEL. P.A. 171221 BRICKELL AVENUE MIAM1. FLOR•IDA 33131 305.579.0500 FAX 305.579.0717 A
kr,,,,r CnDT r --con,, r WrrT Par v Rrarw Tzf f 4H41,5FF 9 b
Ms. Teresita Fernandez
September 9, 1993
Page 2
the proposed parking. Upon the City's request, Key Investments will submit a Covenant
which includes these restrictions.
Key Investments seeks to maintain the southern portion of the property as residential
with the R-1 zoning designation. However, the property also has an SD-18 overlay
designation which requires that all lots be a minimum of 10,000 square feet and have a 100
foot width. Key Investments is required to seek removal of the SD-18 overlay, since it wants
to maintain the southern portion as residential. The southern portion will have a minimum
of 10,000 square feet but it does not and never has had a 100 foot width. Because Key
Investments will replat the property into two lots in order to maintain the residential lot, the
City will not permit the replat until the SD-18 overlay district is removed. The removal of
the SD-18 overlay is appropriate since the property never met the conditions of the SD-18
district when it was originally established. Key Investments will covenant to maintain the
southern 150.18 feet with a minimum of 10,000 square feet.
Please advise if you need any additional information.
cc: Mr. Scott Price
Lucia A. Dougherty, Esq.
GrAIfICSOM% 151041. INWOM
m
Very truly yours, ,)
Adrienne Friesner Pardo
GREENBERG Tit% RIG 94- 56
I • • n,,r,l J \ellrr
I .-an., \rma•
l ian�.• H \r,•m,•n
len��l I, \•nnnrn
, n.i n,•• M \�,�iander
T Atrm
I••�•�1 \1 RagK.•It
Kr-n L Hash
Warm Bi—
\ Ila. n Rcighr%
\.,rman 1 Rwih.nl
I. d J Berger
Dap- ` Bergman
Bridg,•t Rerry
Mark F Rideau
Irenre Jnn Bielhv
Mark D Blu„m
Reginald L. Bouthillier. Jr.
Huward Bagman
Blake D. Bringgold
Franri, B. Brogan. Jr
Burt Bruton
Bernardo Bur%irin
Da%id R. (:base
Mirharl J. Chrrniga
An I.h,wrke•
`n,• 1f I:,d,h
I Frank I.,, nlrrn
I:nurh
\Ian r DI'm nid'
I-n, I Iionah.
I.,,, .a A U..ugn,•n%
I.a rl�ta. ,• H fl„If
\L'illiam B. Eck
Kenneth Edeiman
I.harle, 11 F.doar. III
Arthur 1. England. Jr.
Gar, M Epstein
Henr% H iBurkvl Fnt
Jvffre% R. Fried
Rubin F Frvdman
Hobert 1:. Gang
Rot -hard G. Garrett
Brian K. Gart
Jeffrey Gilbert
Laurie L. Gildan
Bruce H. riles -Klein
Richard J. riusto
Lawrence Godofsky
Joel K. roldman
'Steven E. Goldman
Adrienne Friesner Pardo
(305) 579-0683
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
HHWH
% r r I1 It % F. 1 • I r I % 7
`te%en 11 1; 1,1�mith
J,I—ph ,. Ibdd.tein
`irven `. f,00dman
Mdtthew B. I,or.nn
Dianne I;rrenherg
Melvin \ I;reeoherg
`andra P Greenblatt
Robert L. Grossman
Barbara A. Hall
Patar A. Harper
Fred F Harris. Jr.
Alberto M, Hernandez
C. Hernandez•Lonstein
Jeffrey A. Hirsch
Kenneth C. Hoffman
Larry 1. Hoffman
Kenneth A. Horkv
Gerald J Houlihan
Keith A. James
Martin Kalb
Steven M. Katzman
David S. Kenin
Steven J. Kravitz
Ronald C. La Face
Steven A. Lando
Steven B. Lapidus
Vancv B. Lash
Mu he M Lrhrlieid
Jame. P ` Le,naw
Harr Lrvn
IJ-Ir Lee In
\urman H. L,pnff
I:dr1n E. Loumiet
Juan P Luumim
Bruce E. Mardnnough
Robert P Marina
Alfred J. Malefauo
�,amanlha D. Malln»
Ines Marrrro•Priegues
Enrique J. Marten
Pedro J. Martinez•Fraga
Joel D. Maser
Juan J. 1lavnl. Jr.
Robert R. McDonald
John T. Metzger
Janet L. O'Brien
Maury R. Olicker
Rebecca R. Orand
Debbie M. Orshefsky
Aileen Ortega
A. Friesner Pardo
Stevan J. Pardo
Rose Parish -Ramon
Marshall R. Pasternack
`%Ivia ` Prnn,•%%
B%ron I, P,•irrsrn
R.,herh, R Pvpn
Albert D. I,Iurntet
1,v,an Pat— I,immita
I: R%an Rretz
Nark 1. Rio —man
Luis React
Barr% `roll Richard
A. Jelfr% Robioann
Kenneth B. Rubin -on
Raquel A Rodriguez
Alan H Rolnick
Marvin S. Rosen
Richard A. Ro-robaum
Ronald M. Ro,rnvarten
David L. Ross
Gary A. Saul
Elliot H. �rherker
Mark P. Schnapp
Clifford A. Schulman
Paul E. Shapiro
Randy 1. Shaw
Paul A. Shelowitz
Brian 1. Sherr
Enrique Silva
Marlene K. Silverman
September 28, 1993
Re: 2037 Secoffee Street, Miami, Florida
Dear Teresita:
H ,nw,.r
Hail. R `k••n•• .
Laura P `u•pn.•n.,,,
J„ri L. K,.
Dn110d, H Th„rntn"r,r
R--heel H Traung
Brian J 11a,•h
K,•,ih Aa--e••rr„m
J••(fr.•. \�7•, n•,rn
David E. Reli•
Bradf,.r,l D %« 1
H,-ward R \i hitar.,•r
Je r1lid A 'A ,.h
Timnth% D 1LS,ije
Linda 1. W.ro.n
Julie A Lahn,-er
T. Wa%nr Da%n. d I .,.,n..•:
Arnold J. Huffman, ,( 1„un•
Patrick T. li'Brien. n1 (.uun. i
B. K. Roberts, ul (:„un. l
Allan Saluvm. of Coun-I
Craig E. Stein, of r,)un•e;
Marc M. Watson, of ruun•ei
Zachary H. W'nlff, Retied
This letter is in reference to the above -referenced application that was filed with
your office on September 9, 1993. I would like to confirm that the applications will be
scheduled to be reviewed by the Planning Advisory Board on November 10, 1993 and the
Zoning Board on November 15, 1993.
In addition, this letter serves to advise you that the owners will submit to the City of
Miami upon the approval of the applications, a Covenant which requires the south 149.6
feet to remain a minimum of 10,000 square feet and a Covenant which prohibits any
development on the north 149.82 feet, except for a permitted parking area which only has
access from the adjoining property which abuts US-1.
This letter also serves to correct the typo in the applications which refer to "Seccoffee
Street". The correct spelling is "Secoffee Street". Lastly, enclosed are two separate .checks
GREE`1BERG. TRAURIG. HOFFMAN. LIPOFF. ROSEN & QL'ENTEL. P.A.
1221 BRICKELL AVENUE MIAMI. FLORIDA 33131 305.579.0500 FAX 305.579.0717
MIAMI FORT LAUDERDALE WEST PALM BEACH TALLAHASSEE 94 A
Ms. Teresita Fernandez
September 9, 1993
Page 2
payable to the City of Miami for $1,000 and $450.00. We are also requesting the return of
the original check totalling $1,450.00 which was given to the City.
Please call me at 579-0683 if you have any questions or need any additional
information.
Very truly yours,
Adrienne Friesner Pardo
AFP/jhd
enclosures
cc: Mr. Scott Price
Mr. Sergio Rodriquez
Mr. Joseph McManus
Robert Lavernia
Lucia A. Dougherty, Esq.
an"NnI[SPIMMIUS.I%wi»in
20
GRFEN8ER(% TR %L RIG 9 ` - 56
Ttty o �x`zllltx
CITY MANAGERS OFFICE
93 OCT 13 AM 10: •%r or
SERCIO RODRIGUEZ, AICP �;'•
Tremor 4, "t,.i i:e
October 13, 1993 CO.
Adrienne Freisner-Pardo
Greenberg Traurig et al
1221 Brickell Avenue
Miami, FL 33133
RE: 2037 Secoffee
Dear Ms..Freisner-Pardo:
CESAR H. ODIO
CirV Manager
In response to your stated objective of seeking rezoning of this parcel, I
suggest that the following procedure be followed:
1. Secure Removal of the SD-18 Minimum Lot Size Overlay District. This is
necessary because this overlay establishes 10,000 square oot ots and 100
foot lot widths.
2. Secure Replatting into Two Lots in Tentative Plat. The north lot should
be Office and the south lot would remain R-1 Residential. The replatting
process should proceed to the tentative plat stage.
3. Petition to Rezone North Lot to Office/Change Land Use of North Lot via
Plan Amendment to Office. These require hearings before the Zoning Board
and Planning Advisory Board.
4. Secure Final Plat Approval for two parcels, and Change the Zoning and
Chan a the Land Use for the North Parcel . These all could well be
scheduled on one City Commission agenda.
Please see attachments from the Zoning Ordinance and City Code supporting this
position.
This Department's tentative position is to recommend denial of all steps,
based on the proposed removal of SD-18, which we believe provides protection
and assurances to the surrounding residential neighborhoods. Your check is
being returned by separate letter.
Sin rely,
S gio Rodriguez, AICP
irector
Attachments
cc: Teresita L. Fernandez, Chief, Nearing Boards Di We
Planning, Building and Zoning Department
Juan Gonzalez, Acting Zoning Administrator
Planning, Building and Zoning Department
Lourdes Slazyk, Planner II
Planning, Building and Zoning Department 2
Planning and Zoning Division / (305) 579-6056 / FAX (305) 358-1452
PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128
Maillnv Arlrtrnc - P 0 Rnr 11n7nR / Miami. Florida 33233.0708 94 _ 56
¢ 54.5.5 SUBDIVISION REGULATIONS
Sec, 54.5.5. Same —Approval before re- (c)
cording,
No plat of any subdivision shall be entitled to
be recorded in the office of the clerk of the circuit
court until it shall have been approved in the
manner prescribed herein. In the event any such
unapproved plat is recorded, it shall be stricken
from the record upon application of the city com.
mission.
(Ord. No. 9584, § 1, 3.24.83)
State law reference —Similar provisions, Fla. Scats., §
71.071.
Sec. 54.5.6. Same —Revising plat after ap.
prowl.
No changes, erasures, modifications or revi-
sions shall be made in any plat of a subdivision
after approval by the city commission has been
given, unless the plat is resubmitted for new ap-
proval, with payment of necessary fees as pro-
vided for in the City Code.
(Ord. No. 9584, § 1, 3.24-83)
Sec. 54.5.7. Same —Procedure —Conference
and tentative plat.
(A) Preliminary conference. The subdivider or
his engineer or land surveyor, prior to the prepa-
ration of the tentative plat. may informally seek
the advice of the supervisor of plats in order that
he may become familiar with the subdivision re-
quirements.
(B',- Tentariue cia:. The tentative plat shall show
ail of the facts and data required by the suner-
--isor of plats to determine whether the proposed
layout of zhe land in the subdivision is satisfac-
tory from the standpoint of public interest.
(1: The following information shall be a part o'
the tentative plat unless waived by the su-
pervisor of plats:
jai Proposed subdivision name and identi-
fying title and the name of the city,
and the section, township and range.
(b) Name and address of record owner, sub-
divider and the land surveyor pre-
paring the tentative plat.
Supp. No. 44
3668.1
EE
(e)
(f)
tm1
(n)
4 54.5•
Location of property lines, existing
easements, buildings, watercourses and
other essential and significant features.
The names of all subdivisions immedi.
ately adjacent.
The location of any existing sewers and
water mains, or any underground or
overhead utilities, culverts and drains
on the property to be subdivided or in
adjacent rights -of -way and easements,
Location, names and present widths of
existing and proposed rights -of -way,
easements, parks and other open public
spaces immediately adjacent to the land
being platted.
The location, names and widths of any
existing or mapped streets or other
public ways or places within the area
to be subdivided, and the locations and
widths of all rights -of -way and ease.
ments proposed by the subdivider.
Date of survey, north point and graphic
scale.
Reserved.
Legal description and plan or proposed
layout of lots made and certified by a
land surveyor.
Existing ground elevations of the prop-
erty and adjacent rights -of -way on a
fifty -foot -grid pattern, and any other
significant elevations and extending to
the center line of adjacent rights -of -
way.
The proposed lot lines with accurate
dimensions and. in the case of odd or
irregularly shaped lots. suggested loca.
tion of buildings.
Where there are two (2) or more land
use zoning districts within the area
being platted, each district shall be
shown as a separate block, tract or lot
on the plat.
The boundaries of proposed pe Sens
utility easements over or undevate property which shall not b
than twel
ve.(12) feet in width except
as indicated elsewhere in the chapter.
Such easements shall provide satisfac-
tory access to an existing public right-
of-way shown upon the layout or upon
94- 56
I
3 54.5.12
SUBbMSION REGULATIONS
4 54.5.12
(2)
The width of any alley shall not be less
drant, with a three-and•one-half-foot•
than twenty (20) feet.
wide swale area on each side.
(d)
A minimum radius of forty-five (45) feet
(C)
Easements.
on culs•de-sac.
(1)
Easements shall be provided for utilities
)
(efeet
On private roads, one hundred (100)
where necessary.
or less in length from the public
right-of-way to the end of the private
(2)
Where a subdivision is traversed by a wa-
street, or roadway, a "T" type turning
tercourse, drainageway or canal, there shall
area may be substituted for the re -
be provided a canal maintenance easement
quired cul-de-sac, sufficient for the ma.
or right-of-way conforming substantially
neuvering of fire or other emergency
with the lines of such watercourse, and of
vehicles.
such width as shall be required by the
M
The right-of-way may be divided to pro.
county public works department.
-
tect natural features. The minimum
right-of-way for each section of divided
(D)
Lots.
road shall be fifteen (15) feet, with a
(1)
The lot, depth, shape and orientation, and
minimum ten -foot pavement width andwith
the minimum building setback lines shall
a three•and•one•half•foot•wide
be appropriate for the location of the sub-
Swale area on each outer edge.
division and the type of development and
(g)
Curved rights -of -way shall have amin-
use contemplated.
imum inside pavement radius of thirty
(30) feet.
(2)
Lot dimensions, after dedication of neces-
(h)
A twenty -five-foot radius shall be pro.
sary rights -of -way, shall conform to the re-
vided at the intersection of private
quirements of Ordinance 9500 (the compre-
roads and publicly dedicated rights -of-
hensive zoning ordinance], as amended, for
way.
regular or irregular conforming lots. The
M
A minimum vertical clearance of six -
provisions of subsection 2102.2, Ordinance
teen (16) feet shall be provided for the
9500, as amended, shall not apply to plats
entire right-of-way.
which subdivide unplatted land, or a com-
0)
Drainage shall be provided according
bination of platted lots and unplatted land.
to accepted engineering standards.
(3)
Each lot within. a subdivision shall be pro-
(k)
All construction shall meet the city
vided with satisfactory access to and
(I)
minimum stands.
A restriction will be required o:, the
frontage on an existing, or newly dedicated
record plat to the effect that:
public street or private road.
=!
Where lots are created, each lot may be pro-
A) The private road will be main.
vided with perpetual right of access by pri—
vate street or roadway, intersecting with
abutting property owners in per
an e:dsting public street, as set forth below:
petuity, and ,
(ii) No attempt shall be made to dedi-
ia) A minimum width of twenty-five (25)
rate the private right-of-way to the
feet shall be dedicated to the abutting
public.
property owners by plat.
(b) A minimum pavement width of eigh-
(m)
A one-wayprivate street be uti•
may
p -
teen (18) feet, with athree-end-one-half
lined for a single family platted subdi•
foot swale area on each side,
vision under the following conditions:
(c) A minimum pavement width of
M Aminimum dedicated right-of-way
twenty-two (22) feet is required at fire
width of eighteen (18) feet.
hydrant locations, for a distance of
(ii) A minimum pavement width of
twenty (20) feet on each side of the hy•
seventeen (17) feet. A reduction of
Supp. No. 42
3673
94- 56
ZONING § 907
(d) Adjacent property owners and residents shall be notified of the temporary event by
the applicant, and the applicant shall submit to the zoning administrator an affidavit
signed by the residents certifying such notice before the Class I Special Permit is
approved.
(e) Temporary events proposed on public property must be approved by other city de.
pa.rtments, prior to the issuance of a Class I Special Permit.
(f) The city manager is authorized to establish required procedures and to attach any
further limitations or conditions deemed essential for the health and general welfare
of the public.
906.10. Garage sales/yard sales; special permits.
Where garage and yard sales are permissible, the following limitations and requirements
apply:
(a) Only secondhand household goods of the owner or lessee of the property may be sold
or offered for sale. Items for sale shall not include automobiles, new goods, or goods on
consignment.
(b) Only one (1) sign of four (4) square feet in area may be erected for each lot line
adjacent to a street, and only for the duration of the sale.
(c) Hours of sale shall be between the hours of 8:00 a.m. and 6:00 p.m. only.
(d) Items for such sale shall be displayed only within the property lines.
(e) Any garage or yard sale shall be limited to no more than two (2) consecutive days; no
more than two (2) garage or yard sales shall be held from the same property within
any twelve-month period.
(f', The owner or lessee agrees to allow any City of Miami planning, building and zoning
inspector to enter upon the property for the purpose of determining that the sale is
being conducted in accordance with this ordinance and. to produce the permit if re-
quested.
-.g, A special garage and yard sale permit, issued by the planning, building and zoning
department, will be required at the fee specified in City of Miami Code section 62-
61115;.
,Ord. No. 10771, § 1, 7.26-90; Ord. No. 10878, § 1, 4.25.91; Ord. No. 10863, § 1, 3.28.91; Ord.
No. 10976, § 1, 4.20.92)
Sec. 907. Lot, yards, and related terms; definitions; methods for measurement; gen.
eral requirements and limitations.
907.1. Lot, Prohibition against divisions creating substandard lots.
In no case of division or combination by private action shall any residual lot be created
wh.ch does not meet the requirements of this ordinance and other applicable regulations. The
Supp. No. 1 343
25
°4- 56
§ 90", MIAMI, FT ORIDA
creation of substandard lots, as defined in section 2502, is prohibited and shall be construed as
violation of this zoning ordinance.
907.2. Reserved.
907.3. Setbacks and heights regarding abutting lots.
907.3.1. Rule concerning setbacks where abutting lots have dijferent'aoning designations.
In this type of case, the most restrictive condition applies to all development on both
sides of the district boundary.
907.3.2. Rule concerning height of buildings abutting residential districts. Where districts
allowing building heights over forty (40) feet abut residential districts on the rear,
such additional height shall set back one (1) foot in the horizontal for every two (2)
additional feet in the vertical dimension.
907.4. Yard, general limitations on occupancy.
A yard shall remain open, unoccupied and unobstructed by any structure or portion of a
structure from forty-two (42) inches above the general ground level of the graded lot upward
(except for unenclosed swimming pools, whirlpools, and similar facilities, tennis courts and as
otherwise provided by these regulations); provided, however, that fences and walls may be
permitted in any yard, subject to height limitations established herein, and further provided
that poles, posts, and other customary yard accessories, ornaments, and furniture shall be
permitted in any required yard if they do not constitute substantial impediments to free flow
of light and air across the yard to adjoining properties.
In all residential districts, air conditioning and fire equipment (such as air conditioning
compressors, pumps, exhaust fans, filters and other similar noise -producing equipment) is
permitted on the walls, roof or windows or within the rear yard if located at least ten (10i feet
from the adjacent property lines by Class I Special Permit. In commercial and industria;
districts, where yard areas and setbacks are required. said equipment and air exhaust dis-
charge from said equipment shall not be installed within ten (10) feet of adjacem property lines
c- within the width of the required yard or setbacks. whichever measurement is greater. in
commercial and industrial districts, where no setbacks are required and buildings are buil: tc
:he property line. no such equipment shall be installed within ten (10) feet. measured ver _1-
cally from grade of the property line, and air discharge from such equipment shall be directed
vertically upward from the discharge outlet. In any event, such equipment shall not discharge
exhaust air across the public sidewalk in any district.
907.5-907.8. Reserved.
907.9. Buildable area, limitations on Occupancy.
Buildings may only be placed within the buildable area, subject to limitations on building
coverage.
907.10. Limitations on lots not platted in accordance with current regulations.
26 Supp. No.
344
94- 56
Mrs. John E. Duvall ' -
4- '5-G
1900 Secoffee Street / /a 7 /� Z/
` Miami, Florida 33133
;�-
5 April 1994`_; iTl
Mr. Cesar OdioOo
City Manager of Miami
3500 Pan American Drive
Miami, Florida 33133 T'
Dear Mr. Odio,
Every night i cannot sleek, since I have heard about the re -platting that
has taken place in Lot 23, Block C of Biscayne Park Terrace. We reside on
Lot 1, Block B Biscayne Park Terrace, and I cannot believer that your Plat
Department has approved such an outrageous change in this neighborhood.
{ We moved into our house on 18 December 1950 and we have always. understood
that the lots in this neighborhood could not be changed from out 100 by 200
foot dimension.
As far back as 1958, there was a builder, who requested a lot division, but -the
neighbors quickly got up a petition, which was submitted to the City of Miami
Planning board on 2 December 1958. It was assured then that the city would
never permit a division of thse lots and the builder quickly dropped this
idea of dividing one of our lots.
As you probably recall, we also disapproved of the PUD development, when the
lots facing 22nd Avenue were allowed to change. The city determined that since
this was a commercial street, they would allow this PUD as a buffer to protect
any further invasion into our residential streets . We were assured that our
lot sizes would never be permitted to change.
How can it be, that one man, whom I understand to be Waldimer Lee, can disregard
all the precedents for this neighborhood and issue an adjustment to the owner
of Lot 23.
There must be some recourse for this horrible situation, it truly must be
stopped, for such a division is a cancer that will invade and destroy our
entire neighborhood. All the neighbor's are opposed to this change and want
you to do whatever is necessary to reverse this change on Lot 23. Please, Please,
do whatever is necessary to have the approval recinded, we cannot allow our
beautiful neighborhood to be destroyed by this obvious error on the part of your
platting department.
Thank you for your assistance, we desperately need your help , already the
beautiful oaks on Lot 23 have been butchered because of this mistake, it must not
be allowed to go any further.
Yours truly,
Mrs. John E. Duvall
cc: Mayor Steve Clark, Matty Hirai, City Clerk ,'Mr. J. L. Plummer