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R-94-0453
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED OAK SHADOW, A SUBDTVISION IN THE CTTY OF MIAMI, S11L3JI-;C;T r0 ALL OF THE CONDITIONS OF THE PLAT AND STRf,Er i OMMITTFF, AND ACCEPTING THE DEDICATTONS S'iOWN ON SAID PI -AT; AUTHORT7.TNG AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVTDI:NG FOR THE RECORDATION OF SATD PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. WHEREAS the City DepartrnPnt of Public Works recommends the 9 acceptance of the plat; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled Oak Shadow is a resubdivision of Lot 23, Block C, Biscayne Park Terrace, Plat Book 2, Page 36, lying in Section 15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida, which plat by reference is made a part hereof as if fully incorporated herein, and, subject to all of the conditions required by the Plat and Street Committee as set forth in Exhibit "A" attached hereto, is hereby accepted. The dedications shown on the plat together with the dedications to the perpetual use of the public of all existing and future planting, trees and shrubbery on said property, are also hereby accepted and confirmed by the City of Miami, Florida. CM c0KMSS10.4 (gyp Ranr.�)utinra tVo. Section 2. The City Manager and City Clerk are hereby authorized and directed to execute the plat and cause the same to be recorded in the Public: Records of Dade County, Florida. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 30th daY of s7ne1994. EPHEN P. C.,ARK, 'MAYOR TA-TTY HiRAI CTTY CLERK PREPARED AND APPROVED BY: G'. M A MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: Q I N J S, ITI CITY ATT76 Y 2 94- 453 1f WALDE,MAR E. LEE Director March 17, 1994 Mr. & Mrs. Michael A. Kuryla 2811 Emathla Street Miami , Florida 33133 Dear Mr. and Mrs. Kuryla: CESAR H 0r_-!C, 19 OAK SHADOW SUBDIVISION - TENTATIVE PLAT 91456,V' The City of Miami Plat and Street Committee, at its meeting of March 10, 1994, approved the above tentative plat subject to the following revisions being made to the tentative plat, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied. - Obtain status availability of water and sewer main capable of providing domestic service from Miami -Dade Water & Sewer Authority. - Delete reference to proposed pedestrian easement on plat and in note No. 7. - Provide for parking on proposed lot No. 1. - Show asphalt area and accessory structure on lot 2 as deleted. - Indicate height and spread of trees shown on tentative plat. In addition to the above requirements, you should be aware of the following: 1. State and local laws require the installation of various physical improvements in the public rights -of -way when property is platted. These subdivision improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial investment on your part. 3 94- 453 DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33128.1(303) j79.6n56 Mr. & Mrs. Michael Kuryla March 17, 1994 Oak Shadow Subdivision 2. The alteration, relocation or installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by t h i s pl at wi 11 be at the property owner's expense. Also, utility easements may be required on the property being platted. 3. A building permit will not be issued on the property being platted until the final plat is recorded. Also, the Certificate of Occupancy for any building construction will be issued only after all the required subdivision improvements have been completed. 4. Approval for fire flow requirements must be obtained from the Fire, Rescue and Inspection Services Department prior to the issuance of a building permit. 5. Additional items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified in writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 6. Tentative plat approval is only valid for one (1) year from the date of the Plat and Street Committee Meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, James Ka , P.E. Chairman, Plat & Street Committee JJK:mw Enclosure: Contact Sheet cc: Biscayne Engineering Company Plat and Street Committee Members File - 2 - bc: Civil Eng. Surveys Central 4- 453 THE CITY OF MIAMI, FLORIDA DEPARTMENT OF PUBLIC WORKS April ?5, 1g94 REPORT OF PROPOSED RECORD PLAT OF OAK SHADOW LOCATED AT EMATHLA STREET AND SECOFFEE STREET A SURDIVTSTON IN THE CITY OF MIAMI, FLORIDA The accompanying Plat entitled OAK SHADOW was prepared by Biscayne Engineering Company, Inc. It is in correct form for submission to the City Commission and is forwarded with a recommendation that it be approved. PERTINENT INFORMATION REGARDING THE PLAT: 1. The property platted is a resubdivision of Lot 23, Block C, Biscayne Park Terrace, Plat Book 2, Page 36, lying in Section 15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) lots containing 0.46+ of an acre. It is zoned R--1 ; SD--18. 2. The location of the streets and the widths conform with the standards of the Department of Public Works of the City of Miami, Florida. 3• As certified to by Marc L. Gaiqui, Registered Land Surveyor, this Plat complies with the plat filing Laws of the State of Florida. S� 94-- 453 4. The Certificate of Title Examination dated March 23, 1994, signed by Richard M. 7.elmar., Attorney, indicates that the fee simple title to the property platted is correctly vested in Michael Kuryla and Happy Kuryla, his wife, and the Plat has been correctly executed. 5. The area platted is riot encumbered by mortgages. 6. Michael Kuryla and Happy Kuryla, owners, were granted a waiver of right--of--way dedication in connection with the tentative plat of Oak Shadow under Section 54.5--12(F) of the City of Miami Code. 7. As a result of a field investigation by this Department, it has been determined that no improvements shall be required at this time. Therefore, this Plat is forwarded to the City Commission of Miami, Florida, without the usual formality of a Contract and Bond being provided. $. The attached Resolution has been prepared for the acceptance of the Plat by the City Commission of Miami, Florida. r rank R. Mc ahon, Jr.' City Surveyor FM:au �' f4 453 OPINION OF TITLE To: CITY OF MIAMI, a municipal corporation With the understanding that this Opinion of Title is furnished to the CITY OF MIAMI, FLORIDA, in compliance with Section 54.5-8 of the Miami City Code and as an inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described, it is hereby certified that we have examined the complete Abstract of Title completely covering the period from the beginning to August 10, 1993 at 5:00 p.m., inclusive, and certified computer search updates from said date to March 23, 1994 at 11:00 p.m., inclusive, of the following described real property: Lot 23, Block "C", of 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. Basing our opinion on said complete abstract and updates covering said period we are of the opinion that on the last mentioned date the fee simple title to the above described real property was vested in: Michael Kuryla and Happy Kuryla, his wife Subject to the following encumbrances, liens, and other exceptions: GENERAL EXCEPTIONS: 1. All taxes for the year in which this opinion is rendered and subsequent years. 2. Rights of parties in possession other than the above owner. 3. Facts that would be disclosed by an accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS: 1. All matters shown on the Plat of BISCAYNE PARK TERRACE, recorded in Plat Book 2, at Page 36, of the Public Records of Dade County, Florida. 1 j' Therefore, it is our opinion that the following parties must join in the platting of the above described real property in order to grant the CITY OF MIAMI, FLORIDA, and the public, a good and proper tittle to the dedicated areas shown on the final plat of the afor_edescri.bed property, the subdivision thereof to be known as OAK SHADOW: k'Z_- None I, the undersigned, further certify that I am an attorney at law duly admitted to practice in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 29th day of March, 1994. HORNSBY SACHER ZELMAN & STANTON, P.A. By:eiami, G �.- _ ard M. Zel an, Vice P sident� Brickell A e (9th Floor) Florida 33131 Z 94- 4` 3 k t ALYRUK 1NTL CORP FAX 305-858-9677 PAGE 02 ... _ - 08/14/94 16.16 '�'305 1 2a105 H S Z & S - I - - - - - _ _ - - � - " � 002 - - I. f • ; '�; • �: y: This Declaration of Restrictive Covenants (the "Declaration") made this .L:f day of ,runs, 1994, by Michael. A. KU-tyla and Happy Kuryla, his wife ( jointly the "Owner")., the fee simple owners of the subject property, is in favor of the City of Hi,ami, Florida, a municipality of the► State of Floridan ( the "City") . wxTn���s�t� • , .. WHEREAS, the owner holds fee -simple title to certain -property in the City, located at 2801 Emathla Street, Miami, Florida 33133, and legally described as Lot 23, Block Co PLAT OF BISCAYNE TSR.RACE SUBDIVISIONp according to the Plat thereof, as recorded in Plat Book 2, Paige 36, in the Public Records of Dade County, Florida (the "Property"); and WHEREAS, the Owner is presently an applicant before the City Coffrtsl.ssion re ueaati.ng the acceptance by remolutioft of an approver}. replant of the Property pursuant to tentative plat No. 1456; which plat shrill be called Oak Shadow ( the "Pl.at") i and WEREAS, the Owner seeks to provide assurances to the City that, when the Plat of the Property is accepted, the Property will be developed in such manner that no more than two (2) single family residences will be built on the Property; one on each lot of the Plat; rind WREREAS, the Owner is desirous of making a binding commitment to aeaure that the Property shall he developed in accordance with the pravisjon s of this Declaration. ,} _ J t •� ,. NOW, THERRFCRE, the Owner voluntarily covenants and agreee that the Property shall be subject to the following restrictions Extended Ilage --- 08/14/04 18:19 'f!'SOS 374 2805 --------- ---- ---------------- 0003 that are intended and shall be deemed to be Covenants running with the lard binding upon the Owner of the property and its successors and assigns as follows i 1. t.ion of Kect to j . The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully -set forth in this section. 2. 9-e—V-0 nt, of Prop . Owner agrees that if and when the Plat of the Property is approvad by the City Commission, the Property shall be developed at a density no higher than two (2) single family residences to be located one (1) on each lot of the replatted Property. 3. Ef Pate. If the City Commission approves the Plat and after the Plat of Oak Shadow has been duly r*corded in the Public Records of Dade County, this instrument shall cQuatitute a covenant running with the title to the Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the benefit of and limitation upon all present and future cnmern of the Property and for that public welfare. 4. 8WrdEtnt, and codification. This Declaration may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the I&nd to he affacyted by such modification, amendment or release providing that same has been approved by the City Commission, at a public hearing which public hearing shall be applied for and at the expense of the Owner. Should this i0 4- 4553 .. .. l:Xtended 1'uge - - - -16:20 _ - - JH S Z � S IajQ44� 06/14/94 0305 374 2605 iustrument be so modified, amended or releasedi the Director of the Public Boric* Department of the City or his suocessor, shall execute a written instrument in recordable farm effectuating and acknowledging such modification, smandmvnt or release. 5. Ted. of !QQXft a nt . This voluntary covenant on the part of the Owner shall remain in full force and effect and shall bind the owner of the property, its atocessors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successiv® periods of tiers (10) years thereafter uaXe,ea madified, amended or released prier to they expLration thereof. 6. Isp c ion and Enfegrcement. it iB understood and agreed that any official inspector of the City of Miami may have the right any time during noxma.l working hours of entering and investigating the use of the Property to determine whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenant of this Declaration or provisions of the buildings and zoning re:gulationa, either to reztrnin violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys' fees. This enforcement provision shall be in addition to any other remedies available undtr the law. 7. SeveraMil_ity. Invalidation of any one of these covenants Lixteoded Page by order or j udgm- --t of the Ccort shall not of P qct any of the other - 3 - --- o��i�i�a ---10:Sao-o �9a ioo� - - - - - a s z - s ` - - - - -- --- _- --- Q0oos- provisions of this Declaration which shall remain in full force and effect. 8. Recording. This Declaration shall be filed of record among the Public Rocords of Dade County, Florida at the expense of the owner. IN WITNF6S WUREOF, the undersigned have mist their hands and seals on the day, month and year first above -written. Witness Q R: Prjm Michael A. Kuxy a Pr nt Name: �enz Z Print Nam I Happyumlryliaa Print STATE OF FLOR I DA ss: COUNTY OF DADS The foregoing instr=ent was acknowledged before me this `k d_ag. of June, 1994, by Michael A. Kuryla and Happy Kuryla, his w a, Q, o area personally }mown to me or 0 who have produced as identification. WITNH86 my hand and official seal.. � x 2D 1 .: Vrr 1 Vr rwnwn, r �urri v.� �� INTER -OFFICE MEMORANDUM Honorable Mayor and Members DATE MAY ( 1 19% FILE of the City Commission 5UB.lECT OAK SHADOW Resolution Accepting Proposed Record Plat Located at Emath12 FROM REFERENCES Street and Secoffee Street Ce s a 1 o ENCLOSURES City age RECOMMENDATION: It is respectfully re ommended that the City Commission adopt a resolution accepting ,e plat Oak Shadow and approving recording the same in the Public Records of Dade County, Florida. BACKGROUND: The Department of public Works has reviewed this plat, and has determined that it is now in order for acceptance by the City Commission. The proposed record plat entitled Oak Shadow is a resubdivision of Lot 23, Block C, Biscayne Park Terrace, Plat Book 2, Page 36, lying in Section 15, Township 54 South, Range 41 East, City of Miami, Dade County, Florida. The area platted consists of two (2) lots, containing 0.46+ of an acre. It is zoned R-1; SD-18. Also attached are the following documents necessary for the City Com-mission to consider in making their decision: (1) Resolution accepting the Plat (2) Engineering Report (3) Plat and Street letter (4) Print of proposed Record Plat �� -/ 91- 453 1 SYSTEMS, INC. w SOUTHEAST 6954 N.W. 12 STREET MIAMI, FLORIDA 33126 (305) 477-9149 FAX(305) 477-7526 (800) 287-4799 IT WILL TAKE MULTIPLE IMAGES N.W. COR,NW.1 I4, S.E. II4 SEC. 15-54-41 I � 4 �r Ln N (D � LU �N I z m� l w a Q W "� Q N = LA J N / cri c� w CN LOT 13 o' 0 77 ' I PCP P. C. to EAST 450,0525.00' I I� I ILP, C. P. I \ j 25.00' P r a� It ITF CITY OF MIAMI, DADE COUN. Prepared by: BISCAYNE ENGINEERING C®MPA jAk Consulting Engineers — Plannc: e 529 W. Flagler Street, Miami, Telephone: (305) 324— 7 671 APRIL, 1994. SCALE: 1' e 20' 10 0 20 40 BISCAYNE PARK TERRACE (P B. 2- 36) BLOCK E LOT 13 LOT 12 J 721 72 ' U LOT 11 LOT 10 72' 72 LO 10i SavaOFFEE STREET (SEOFFE AVENUE P B.2- - 36 ) - _ PC.P P.C.P. � ---f�- - ---'---- --- -- - ------._�- -- - 450.05' 25.00'` 1 EAST 200.00' ( Reference Bearing) 0 IIN N I �} P.C.P. P.R.M. EAST 200.00' .00 86.00 - I _ - - - - — --- -- 104. 00001 -}i 5 11Tll ITY FASF-VEN r 5 5 _� 5 UTILIT EASEMENT - WUUNTY, FLORIDA, KNOW ALL MEN BY THAT MIC HAEL KU BE MADE THE ATTAC RESUBDIVISION OF T LEGAL DESCRIPTIOr LOT 23, BLOCK "C", THEREOF, AS RECOR[- OF DADE COUNTY, FL DADE COUNTY PLC THAT THE STREETS f FUTURE PLANTING, Tf HEREBY DEDICATED 1 PURPOSES, RESERVIN THE REVERSION OR F THAT INDIVIDUAL WEL EXCEPT FOR SWIMMIN THAT THE USE OF SE THIS SUBDIVISION UN! COUNTY AND/OR STA THAT ALL NEW ELECT LINES, WITHIN THIS Sl OWNER'S PLAT RES THE UTILITY EASEMEI ARE HEREBY RESER\ PUBLIC UTILITIES. IN WITNESS WHERE SAID MICHA.EL KURY THEIR HANDS AND WITNESS AS TO BO FAc�FWFNT� t4� PAGE KNOW ALL MEN BY THESE PRESENTS: THAT MICHAEL KURYLA AND HAPPY KURYLA, HIS WIFE, HAVE CAUSED TO BE MADE THE ATTACHED PLAT ENTITLED "OAK SHADOW",THE SAME BEING A RESUBDIVISION OF THE FOLLOWING DESCRIBED PROPERTY: LEGAL DESCRIPTION: LOT 23, BLOCK "C", OF BISCAYNE PARK TERRACE ACCORDINGTO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 36, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. DADE COUNTY PLAT RESTRICTIONS: THAT THE STREETS AS SHOWN ON THE ATTACHED PLAT TOGETHER WITH ALL EXISTING AND FUTURE PLANTING, TREES,SHRUBBERY AND FIRE HYDRANTS THEREON ARE HEREBY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC FOR PROPER PURPOSES, RESERVING TO THE DEDIC ATORS, THEIR SUCCESSORS OR ASSIGNS, THE REVERSION OR REVERSIONS THEREOF WHENEVER DISCONTINUED BY LAW. THAT INDIVIDUAL WELLS WILL NOT BE PERMITTED WITHIN THIS SUBDIVISION EXCEPT FOR SWIMMING POOLS, SPRINKLER SYSTEMS, AND/OR AIR CONDITIONERS. THAT THE USE OF SEPTIC TANKS WILL NOT BE PERM11-TED ON ANY LOT WITHIN THIS SUBDIVISION UNLESS APPROVED FOR TEMPORARY USE, IN ACCORDANCE WITH COUNTY AND/OR STATE REGULATIONS, THAT ALL NEW ELECTRIC AND COMMUNICATION LINES, EXCEPT TRANSMISSION LINES, WITHIN THIS SUBDIVISION SHALL BE INSTALLED UNDERGROUND. OWNER'S PLAT RESTRICTIONS: THE UTILITY EASEMENTS AS SHOWN ON THE ATTACHED PLAT BY DASHED LINES ARE HEREBY RESERVED FOR THE INSTALLATION AND MAINTENANCE OF PUBLIC UTILITIES. IN WITNESS WHEREOF: SAID MICHAEL KURYLA AND HAPPY KURYLA, HIS WIFE, HAVE HEREUNTO SET THEIR HANDS AND SEALS THIS DAY OF _ A.D. 1994. WITNESS AS "TO BOTH: 1. MICHAEL KURYLA i < Cry I Lij I 20' ui- u ) 10 0 ILI Z an i I LiJ N ' O Q Q WWI Ir' I } 2 5, 00' e 20' 5-; R.C,P. 1 LOT 2, BLOCK D BISCAYNE PARK TERRACE (PB.2-36 i N.W. COR.,N.W.I/4,SE.14 SEC. 15— 54— 41 --, SC�� 1 TRACT A ,-� N co (P8.113-74) L 2 3 UT vi 2 II � (108-64) LOCATION SKETCH SCALE: 1" = 300' A PORTION OF THE N.W. 1/4 OF THE S.E. 1/4 OF SECTI( TOWNSHIP 54 SOUTH, RANGE 41 EAST I I I Qo -a7I Io - O C1 = 0 =� LU LU < I I N - < I I N 7- I I 0 � I 5 LLJ I I 2 5.00' 5'; P.C.P. o EAS.i O N 15.41 N N o O 0 O 0, (n CD ul O O N 0 LOT 1 N -`_ U 0 10,000 SQUARE FEET WEST . _ 16.64' 5' X 5' _ UTILITY 0 EASEMENT N C) o N 89.77' (� z LOT 2 r- 10,000 SQUARE FEET N O O Cn 1 F.R.M. WET 200.00' LOT 22 , BLOCK C BISCAYNE PARK TERRACE (PB.2--36) N.E. COR., N.W. 1 /4, S.E. 1 /4 SEC. 15-54-41 w N 110.23' SURVEYOR'S NOTES PB. INDICATES PLAT BOOK o INDICATES CITY MONUMENT o P.R.M. INDICATES PERMANENT REFERENCE MOR O P.C.P. INDICATES PERMANENT CONTROL POIN-fl INDICATES CITY OF MIAMI MONUMENT LINE_ - INDICATES RIGHT OF WAY CENTER LINE BEARINGS SHOWN HEREON ARE BASED ON AN ASS - LINE ALONG SECOFFEE STREET IS ASSUMED TO BE w w z NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS: z a� ON THIS PLAT THAT MAY BE FOUND IN THE PUBi_It M - =)6) a (2 -36)N ,- o o� O O N SURVEYOR'S CERTIFICATION: Q Q..... r Z - Zz _ WE HEREBY CERTIFY: THAT THE ATTACHED PLA1 _ IS A TRUE AND CORRECT REPRESENTATION OF THI AS SURVEYED AND PLATTED UNDER OUR SUPERVI`= y THAT THE PERMANENT REFERENCE MONUMENTS Aki POINTS WERE SET. THE SURVEY DATA SHOWN HERi REQUIREMENTS OF PART I, CHAPTER 177, FLORIDA' SKETCH BISCAYNE ENGINEERING COMPAN'l; = 3001 ){= THE S.E. 1/4 OF SECTION -15, 41 EAST BY: �"- MARC L. GAiQUI PROFESSIONAL LAND SURVEY( STATE OF FLORIDA LOT 2 SQUARE FEET . 2 3' 0 0 0 0 N U 0 m 0 la LLJ 1 Z N Q m C� n, U) � m LOT 2, BLOCK C BISCAYNE PARK TERRACE (PB2-36) ES OK '-..MONUMENT ' PERMANENT REFERENCE MONUMENT PERMANENT CONTROL POINT TY OF MIAMI MONUMENT LINE GHT OF WAY CENTER LINE ACKNOWLEDGEMENT: STATE: 01 1 l ()ItII)A R COUNTY OE I)A1)L F PERSONAL L-Y APFIL_ARED [34 ADMINISTER OA JHS AND T, j AND HAPPY KURYLA, HIS I%;- WHO EXECUTED THE FORE( FOR THE PURPOSES THERE OATH. - WITNESS: MY HAND AND (! _ J � NOTARY PUBLIC STATE OF �. MY COMMISSION EXPIRES MY COMMISSION NUMBER -. CITY OF MIAMI APPROVAL... THIS IS TO CERTIFY THAT - REQUIREMENTS OF CHAPTEI- OF THE CODE OF I1FTROPC- CERTIFIED THIS B Y: i DIRECTOR Ci - THIS PLAT WILL N07 RESU'L.` THE AFFECTED PUBLIC F W, THE MUNICIPALITY'S COMPF: AND THE FOREGOING DEDIC- RESOLUTION NO. -_ THE CITY OF MIAMI, FLORID SIGNED: ---.: EON ARE BASED ON AN ASSUMED MERIDIAN; MONUMENT CITY MANAL E STREET IS ASSUMED TO BE DUE "EAST". BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED METROPOLITAN DADE CO.. MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS IS TO CERTIFY THAT OF CHAPTER 28 OF THE C_ (CATION: CERTIFIED THIS Did THAT THE ATTACHED PLAT ENTITLED "OAK SHADOW" DIRECTOR C) ECT REPRESENTATION OF THE LANDS DESCRIBED HEREON LATTED UNDER OUR SUPERVISION AND DIRECTION. ALSO T REFERENCE MONUMENTS AND THE PERMANENT CONTROL RECORDING STATEMENT: E SURVEY DATA SHOWN HEREON COMPLIES WITH THE ' RT I, CHAPTER 177, FLORIDA STATUTES. FILED FOR RECORD THIS — M, IN BOOK AYNE ENGINEERING COMPANY, INC. PUBLIC RECORDS OF DADE THE STATE OF FLORIDA AI`,Jl HARVEY RUVIN MARC L.GAIQUI CLERK OF THE CIRCUI-f CO!J .:PROFESSIONAL LAND SURVEYOR NO. 3194 STATE OF FLORIDA HAPPY KU YR LA, IS WIF ACKNOWLEDGEMENT: STATE Of f-1011"0A S's, COUN 1 Y OI DADf_ I HEREBY CERTIFY: THAT ON THIS DAY, PERSONALLY APPEARED BEFORE ME, AN OFFICER DUTY AIJTHORl7_ED TO ADMINISI E N' OATHS AND TAKES ACKNOWI_ .DGEMENTS, MICHAEL K(_.JRYLA AND HAPPY KURYL_A, HIS WIFE, WI-10 ARE PERSONALLY KNOWN TO ME AND W110 E. ECUTFO HE F'ORFGOING INSJRUMf N-f FRE_f_:I_Y AND VOl_A.)NTARILY FOR THE PURPOSES THFNE:ON AND WI-10 DID NOT _TAKE AN OATH. WITNESS: MY HAND AND OFFICIAL SEAL THIS -,!�`"Jir - DAY OF_n"_V_ Z 1 _, A.D. 1994. i. NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES MY COMMISSION NUMBER `� S CITY OF MIAMI APPROVALS: THIS IS TO CERTIFY THAT THIS PLAT APPEARS TO CONFORM TO ALL REQUIREMENTS OF CHAPTER 54 OF THE CITY OF MIAMI CODE AND CHAPTER 28 OF THE CODE OF M TRUPOLITAN DADE COUNTY, FLORIDA. CERTIFIED THIS �� _ DAY OF f.tL _ A.D. 1994. BY: DIRECTOR CITY OF MIAMI PUBLIC WORKS DEPARTMENT THIS PLAT WILL NOT RESULT IN A REDUCTION IN THE LEVEL OF SERVICES FOR THE AFFECTED PUBLIC FACILITIES BELOW THE LEVEL OF SERVICES PROVIDED IN THE MUNICIPALITY'S COMPREHENSIVE PLAN; THEREFORE, IT WAS APPROVED AND THE FOREGOING DEDICATIONS WERE ACCEPTED AND .APPROVED BY RESOLUTION NO. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, THIS DAY OF A.D. 1994. SIGNED: CITY MANAGER ATTEST: METROPOLITAN DADE COUNTY APPROVALS: CITY CLERK THIS IS TO CERTIFY THAT THIS PLAT APPEARS TO CONFORM TO ALL REQUIREMENTS OF CHAPTER 28 OF THE CODE OF METROPOLITAN DADE COUNTY. CERTIFIED THIS DAY OF_ A.D. 1994. DIRECTOR DADE COUNTY PUBLIC WORKS DEPARTMENT RECORDING STATEMENT: FILED FOR RECORD THIS DAY OF A.D. 1994, _ M, IN BOOK OF PLATS, AT PAGE OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. THIS PLAT COMPLIES WITH THE STATE OF FLORIDA AND METROPOLITAN DADE COUNTY, FLORIDA. HARVEY RUVIN CLERK OF THE. CIRCUIT COURT AT THE LAWS OF DEPUTY CLERK J1tA'1 tly ; C 1 TY OF M 1 AM I 4- 27-94 t s : 43P M • CITY MANAM ' 3 OFF." W. Tummst G11 WIN ATWOWYATLAW WMIAMAM cb0o" ' 000vok ytmu aw ban NAMMU 00 S&OW i April. 14, 1904 City Manager Cesar Odia city of Miami 3500 Par► American Drive Miamio FL 33133 ao�ai7o7,� �� a 2U CITY MANAGERS OFFICE 94APR21 AN11:06 Dear Mr. Odic: I represent certain property owners living •dJaeent to the property known so "Oak Shadow;" a proposed plat located at Lot 22 Block C, Biscayne tack. Terrace subdivision, at the corner of Secoffaee and Zmathla streets in Coconut Grovel. The Public Works Director in his capacity as Supervisor of Plats pursuant to section 34.5-12(T) of the Municipal coda granted a waiver of certain previously required right of way dedicativne for the proposed plat. it is our contention that this waiver was granted erroneously. Unlortun&tely, there is no process in the Municipal code by which adjacent property owners in particular or citizens in general may appeal this decision. Ian the absenco of an appeal process, my clients wish to wake an appearance before the City Commission at the next available meeting to request that the City Comission re3ect that decision of the Supervisor of plats. On a related issue, I wish to express my displeasure and concern with that failure of the Public Works Director to respond to nay request of January 27, 19941 to be notified of wany future. meetings (including those of the Plat and Street regarding this Ltem." I was never notified of any Meetings regarding this plat, and thus was not afforded the opportunity to rospond to llr. Karlys's request for 'a waiver. Nor was I told of the Plat end Street C ittee sooting Of !larch t0, 1994w at which the tgntative plat was approved!. - t was not provided a response to ny letter until after several verbal requests to the Public Works Department. I was faxed o dopy of the Chief Armistant City Attorney'* mew to 94— 453 aizy Manager Cesar Odio ' !/19/9q Request for an s..,earance before the city Comission Page - 2 Commissioner J.L. Plums er on March 3, 1994. Even then I was not informed of the grant of the waiver despite my keen interest in this issue. At: beat this was An inexcusable mistake. At worst, it is a clumsy (bust affective) attempt to limits public accons to the platting process. Theses iasuea and otters will be brought: to the City Commission'a attention during this requested appearance. I look forward to a prompt response to this request for an appearance before the City Cozmsssion. Sincerely, W. Tuck Gibbs { F 94- 453 . .� � , ♦ . .. .. .., ram. . CULT of Piami WAIDEMAK !. Ul � CttAR H. OMO oirtct0+ w.0 ��ar City Msnater r February 10, 1994 Mr. b Mrs. Michael A. Kuryla 2811 Emathla Street Miami, Florida 33133 Dear Mr. and Mrs. Kuryla: OAK SHADOW SU80%YIS10N - TENTATIVE PLAT 11456-8 this department has received your request to reconsider the decision of the Supervisor of Plats in his letter of December 6, 1993, wherein your request for an adjustment to the design standards for the subsect tentative plat was denied. You have based,this request on your providing additional information which establishes an undue hardship which would result if the walver of dedication were not granted. We have reviewed your letter of February 4. 1994 which responds to the four (4) conditions of the Miami City Code, Sec. 54.5- 12(F) which supports your request. Additionally, City staff has field surveyed the area in question and confirms your assessment of the number of nature fan ,palms that would be in the path of any new sidewalk constructed on Secoffee Street. The following shall constitute the Supervisor of Plats' response to each of the conditions set forth in our February 4, 1994 letter and which correspond to the four e4) conditions of Miami City Code Sec. S4.S-12(F)a (1) The estimated cost of $35 per lineal foot for removal and racnn$truction of the six foot high wooden fence appears to ' be in line with the prices established by the industry and trades at this time. The total estimated, cost, then, for 175 feet of fence is $6,125. To determine if the cost of this relocation is an undue hardship for the applicant. the coat of the land under consideration should be calculated and compared with the fence relocation cost. Ou.r records, based on recent property sales, place the cost of the land at approximately $15.00 per square foot. Therefore, the strip of land in questlun (175'xO.S') is worth approximately $1012.60. The applicant would be required to expand funds in an amount over four times the value of the land. This relocation, for six inches of additional right of way, appears to be an unreasonable requirement for the applicant, resulting in an undue hardship. i D! AR MENT Of PUBLIC WMSIVI k.W, 2n4 Su�tvAuaml. FiaiQa 77U8�(J)S1 srf•w t Mr. & Mrs. Michael A. Kuryla February 10, 1994 With regard to the Iss� of the trees in the line of proposed sidewalk constr< tion, the City does not always require the owner/applicant to construct sidewalk adjacent to the site. In this case a covenant can be required postpuning sidewalk improvements. Itowevor, If sldowaIk construction Mere a requir®ment, then in all likelihond the City would act to preserve the trees and establish a new sidewalk alignment outside the row of trees and not at the base building line. The existence or removal of the trees does not necessarily work a hardship on the appl icont as the trees are presently located in the public right of way. However, since this department would require a realignment of the sidewalk several feet from the base building line, the issue of tree preservation supports the idea that the dedication of right of way is not necessary. These trees are also located within the external area of the 25-foot corner radius base building line. (2) The department concurs with the applicant's assessment that the property in question ,(land exterior of radius and 0.5 foot x 175 foot strip) is under private ownership by the applicant which +allows for private use. This is a substantial property right of the applicant. (3) Alain, the department concurs that the waiver of dedication wi11 in no way be detrimental to the public welfare or injurious to other property. Vegetattun and mature trees prevent the public from using the area in question. (4) ThiS department confirms that all departmental representatives who were present at the special review committee of December 17, 1993 concerning the subject request made statements In the affirmative that the waiver of dedication Mould not burden City services. Therefore, having found that all four conditions set forth in Miami City Code Sec. S4.5-12(F) Have been met In regard to your request for waiver of dedication in connection with the tentative plat of 'DaK Shadow Subdivision6, 8 hereby grant an unconditional waiver of dedication in accordance with your request. Sincerely. I') . f.' (". Waldemar E. Lao Director of DubliC Yorks and Supervisor of Plats JJK:mw cc: G. Hiriam Maer. Chief Assistant City Attorney Frank McMahon. Surveyor f/ James J. Kaye Chairman, Plat rind Street Commitee 94_ 4 5, 3 2 - QIs -d 9C:6 NOW $P6-91—AWW 94 FED -4 AM 10: 37 /. dt FOLIC NCUS _�ltOa,Cti'�.tesC 0A P%.r ..w, _ ucL ... d 4114 AA A 440 .44.. 4ad kU4,r 9(4c. dq S/ '4 . � .�,��o„ �. ,� �,. y /,apt .. � rz -f¢aY ...corgi. AadW.. f/dam mbrktnim— kM &A,6 /uA"- . .5 3s. ?jec. I foa�ar. l oi`,' WA,47- Qhdi q" S. + aces Q4 .1dr 4&... JU C4AC. Ow.. .' 4'.' —4. f&/A4L_ -Walk AL v. vat.. �aa J" _Iot�j ....cam_ .,qua ~.. 101A s. Wx1v /tAo... Olt Alyfa'.. A- 453 mac. 11,44,t and a"as 1*1111 'F' . 4-- jolt.. , .. f� __... �.'.__... _... e a ljo4lao l _..._.._ . ...._... _�..__..�.__ ,, r........_ ..... _. V ___W IA. Lt.. wS . a8. . . __..A* �% I d -rob PA 4 AW.- �4;E,�,.. .... efs ....,Mee .� ._. ��._ _...............- — --- -- _........._................ _ ...._......... ..._ 4— 453 MAY-ib-84 MON 9`J>1 Cm' OF MAW -LMDA INTEROFFICE MEMORANDUM ro J.L. Plummer, Jr. Commissioner oAIC January 27, 1994 OlLfA93-1053 a atom G. Miriam Maer Chief Assistant City Attorney GMECT 00akehadow" - Tentativs Plat 61456 V40SVREs : In connection with the referenced tentative plat, i have reviewed the file and researched the relvvent, cods provisions. This memorandum will be divided ao lolloweo T - Chronology of Ovents and 11 - Applicable Law and Discusainn. .z At the November 4, 1993 neetiny 'of the City of Miami Plat and Urest Committee, the roforonced tentative plat vat defwrred subject to the resolution of severed issues. (A copy of the November 8, 1993 letter from the Plat and Street Committee is attached hereto as Exhibit °A".) As you will note therein, the Plat and Street Committee recommended to the Supervisor of Plate that a requested waiver ut dedication of the 25-foot cornor radius at the intersection of Secoffoe etroot and Emathala Street and of 0.5 foot x 175 foot strip along Secoffee Street be B_e_ni-ad. The applicant was advised that the requested waiver would be decided by the Supervisor of Plate in accordance with Chapter 54.5 of the City Code. On Decombor ®, 1993, Waldemar Lee, C3ractor of Public Works and Supervisor. of Plate, advised the In' owners that the requirements for waiver, as set forth in Section 54.5.12 of the City Code, had not been net and therefore the requested waivuv could not be granted. (A copy of this December 9, 1993 lottor is attaultud hereto, as Exhibit "e" . ) On December 17, 1993, a meetinq of a committee composed of the directors, or their designees, of the departmetlts• represented on the Plat and Street Committee wag convened at the request of Mr. Muryla, the applicant in Lhe referenced utter, to appeal the findings and conditions impoeed by tho (Plat and Street CorrJnittee at its November 4, 1993 meeting (hereinafter, the "Review Committee"). A copy of Mr. KulaIs written request for review by the Reviaw Committee and aorythe Deputy Director of Public: Works' memorandum dated December 17, 1993 notifying Mx. Loo of the schuduling of this meeting aro attaohod haroto as Comnnaite Exhibit •C". �' �" 453 .ti MAY- 1 b-94 MON `w 9052 Commissioner .f.L. Plummer, Jr. P.6B M JAnuary 27, 1994 Page 2 On December 23, 1993, Kr. Lee, Director of public Works, issued a memorandum to ,Tim Kay, Chairman of the Plat and Street Committee, setting forth trite rindings of the aeview Committee. A uupy ul this ammarandum is attached hereto as Exhibit 'DO, (including all the attachments thereto). Tho December 23, 1993 llamorandum indicates that Mr. Kuryla requested that the Review Committee waive the re aired radius dedication and the dedication along the southerly ads of Secoffee Street in order that his property could meet the ainieaum lot size requiromeeut.s for Lhat zoning district. The memorandum providos that the Review Committee was convened in ar nordAnc o with Section 54.5-7 (D) (2 ) of the City Code, and that its purpose was to hear the appeal of the applicant and to reject or uphold the f indinqs of the Platt and Street Committee. The Review committee discuesed the technical requirementss c onvernisiy the dedication and the minimum lot size for Iota ,in that son,ing district and dovalopmeent under m ropealed zoning mrdinf,nre, ordinance No. 9500, compared to development under the current zoning ordinance, Ordinance No. 11000. fir. Kuryla's property is located in an 1R-1 ®in.ae family residential zoning district With an SD•18 overlay. This soninq desiynaLios► requiree a minimum of ton thousand squaro foot per lot. The memorandum Indicates that after hearing from Mr. Kuryla and discussion awng its members, the Review Committee waived the dedication requirements for the corner ,radius and for the dedication on the southerly side of Secoffee Street, The refsubmittal of the tontativo plat was heard b the Platand Street Committee on January 14, 1994. At t t time, additional comments and issues were raised by persons .in attendance. Among those comments, were the followings A. Thee N.E.T. Administrator repreeenting the Coconut Grove neighborhood indicated that dedications must be un£fnrmiy applied. S. Xr. Tucker Gibbs, an attorney and, Coconut Urove resident, representing the Coconut Grove Civics Club, raised several legal issues as follows& 1. Does the Public Works Director have the authority to grant a waiver where the waiver would result in creation of a lot with Less than the ininicmum number of square feet required for that zoning dietrfct by EvnIng Ordinance No. 11000, our ourront Boning Ordinance? 2. Does the Public Works Directors action, by granting the waivera, in effect reduce the minimum lot size requirements in this zoning dtetrict? �� 4- 453 . , %.0# . . Commissioner J.L. Plummer, Jr. January 27, 1994 Page 3 3. Is this another way to allow substandard tote, in violation of the City Code and the toning Ordinance? in other words, by discuesing the "unfairness" of Boning Ordinance No. 11000, compared to tho earlier and nnw repeAled toning Ordinance No. 9500, (the previous Zoning Ordinance allowed the square foota a to be calculated prior to dedication), and granting relie? by virtue of the waiver, is the Supervisor of Plate or the ldeview Committee in mffuuL amending the current toning Ordinanco to r©-enakct lanquago from Zoning Ordinances No. 9500 which t.hA Co mitteo deemd mo rA equitable, notwithstanding the repeal of Zoning Ordinance No. 950Q by the City Commission without going through the appropriate process (i.e., a public hearing before the Planning Advisory board and two public hearirays In front of i,hn CiLy Commiersion)? 4. Are there standards governing the waiver procedure or does the Supervisor of Plate have unfettered discretion to grant these waivers? The plat and Otxeet Committoo deferred action on this tentative plat until reRnlut.lon of these new legal issues by tho City Attorney. By letter dated January 14, 1994 addressed to Jim ley as Chairman of thu Plat, and Street Committee, Mr. Kuryla has questioned tho docision of the Plat and Street Committee expressing his dissatisfaction with the proceedings. A copy of this letter and its attachments is enclosed herewith as Exhibit WEM • As set forth in Exhibit "P", the Review Committee provided for in Section 54.5-7(D) "Review of Tentative Plat" has authority to review the findings of the Plat and street Committee onlX. Thus, the attemppt by thu Review comcnittege at i s meeting of December 17, 1993 to waive the mandatory dedicatinnR, an authority reserved to the Supervisor of Plats, was invalid, as it was outside the scope of its authority. Section 54.5-12(r) "Adjustments to Dvuign Standards" providy s that Lhe Su erv;i®vr of Plate may authorise an adjustment to tho do®ign etardaigs when, in his opininn, undue hardshiD may rAmuit from strict compliance with such standard. This section further provides that no adjustments may be granted unless the i Supervisor of Plate finds that all four of the listed conditiuno j � _ A- 3 �/ Cominissione! J.L. Plummer, Jr. January 27, 1994 Page 4 exist. Those four conditions, as set forth in said Subsection, are attached hereto me Exhibit "C". Thus, the standards which govern the Suporvisor of pint•.a in reviewing applications for waivers are clearly set forth. Section 54.5-12(D)(2), also set forth in said exhibit "G", provides that lut dimusiuions, after dedication of necessary right® ,qf-way, shall conform to �e iiiquiresnenta! of the Zoning QrdlnancA- (Rmphsais supplied) The attempted waiver was conditioned upon subsequent dedication at time of development. The effect of the requested waiver would violate this section of the City Code as well as the requirements of tuning Ordinance No. 11000, which require $ in can RS-1 Zoning District with an SD-10 overlay, a minimum lot size of tAn thnisaand (10,000) square feet per lot, in effect authorizinq'the creation of sub -standard lots. The Public Works Director cannot de facto emend the toning Ordinance. The fnllnwing alternatives should be consideredi 1. The Supervisor of Plate could rescind his previous denial 01 the waiver (tixhibit -B') if he finds all of the standaa-Je In Bectlon 54.5-12(!) have been met, 2. The waiver, if granted, should not be conditioned upon subsequent dedication at time of issuance of a development perini t . 3. The City Code Could be amended to eliminate the dedication requirements ear t.ho Zoning Ordinance could be amended to reduce the minimum lot size for that zoning district. 4. The applicant advised the flat and street Comittuu tie owns the adjaaceaot property, and thus owner a total of 42,000 squaro foot. This mount of land would sepm to offer, collant:ively, development opportunities that would -not require a waiver or code amendments. ' OMMItg/M665 I CITY OF MIAMI, FLOnIDA INTER-OFricE MEMORANDUM To James J. Kay °"` Chairman, Plat and Street CoI+fittee tiUBXCT FROM Waldemar E. Let *1100 Pao p N. f rri1't' DEC `s 11 53, December 23, . l-g93 ' OAK SHADOW W0'I��•Ska�l�'� Appeal of Plat A St @ �i Committee findings RIVEnENCES. Director of Public Work% FNM03VA4-etter, memorandum attendance lists On Occomber 17, 1993, a sooting was convened in the City Manager's Conference Room to hear an appeal from Mr. Michael Kuryla, applicant, concerning the Plat & Street Committee's i'indings and conditions set forth in the tentative plat of °oak Shadow Subdivision" held on December 4, 1993. Specifically, Mir. Kuryla requested relief from the' required 2S-foot corner radius dedication at the intersection of Secoffee Street and Emathla Street and a 0.5 foot x 175 foot strip of land along the southerly side of Secoffee Street in order to meet certain requirements of the R-1, sD-18 overlay zoning district, i.e., 10,uu0 square feet per lot. The property to be platted as shown on the tentative plat, 11466, is exactly 20.000 square feet in area prior to any dedications. Mr. Kuryla wishes to subdivide the property into two (2) lots of 10,000 square fret each. Mr. Kuryla further stated that the property immediately to the west of the Oak Shadow Subdivision site on the aosterly side of Emathla Street was platted in 1979 as Haranatha Subdivision (113- 74), which plat included a 26-foot corner radius dedication on a 100 foot x 100 foot tract of lend resultitag in a platted tract ,faith an area less than 10,000 square feet. The net area ZV�Tequlrements of a lot at that time were defined as the total area within the property lines prior to any required dedications. The net area of d lot as defined under the current zoning ordinance. 11000, is the total area within the lot lines excluding any street rights -of -way or other required dedications. Mr. Kuryla stated that he only desires to have the same opportunity to replat his property as did his neighbor across the street. The applicant has, in lieu of this dedication, offerad to grant A pedestrian easement over the same area of land described to be dedicated. The meeting was convened with the Supervisor of Plats in accordance with Section 54.5-7(0)(2) of the-MiAmi City Code. The purpose was to hear the appeal of the applicant and then to reject or uphold tho findings of the Plat and Street Committee. A listing of those in attendance at this meeting is attached to this memorandum. 4or3 /3 -- QOMP08ITR RXHIBIT •B• --- J 0 /9 James J. Kay Chairman, Plat and Street Committee December 23. 1993 It was the consensus of the committee that the applicant's request to eliminate the required 25-foot corner radiux dedication at the intersection of Secoffee Street and Cmathla Street and the dedicatiun of a O.S foot x 175-foot strip of land on the southerly aide of Secoffee Street should be granted under the provisions of City Code Section 54.5-12(F) (adjustment to design standards). In granting the owner's request the committee considered the following criteria: 1. The underlying plat of the property in question was platted in 1912 as lot 23. Block C. "Plat of Biscayne Park Terrace Subdivision" (2-36) in which dedications were made for Secoffee and Emathla Streets. To require the owner to make further dedications and at the same time sustain a loss in Rat lot area for the lots considered was not an equitably situation. notwithstanding the requirements of Miami Zoning Ordinance 11000. Article 26. definitions. 'lot area, net." They deputy Director of the, Planning, Build'.tq and Zoning Department, Joseph McManus, agreed that the present definition of net lot area creates an Inconsistency in how the City has dealt with platting requirements in the past. He agreed to recommend that the Zoning Ordinance be amended to reflect a new definition of net lot area that would be inclusive of street right of way dedications. The amendment process, however, could take five to six months before such an ordinance became effective. to was felt by the committee that this time frrme was inordinately lorg and that derisive action should bo taken at this time. 2. The Oroperty in question (exterior of radius and 0.5 foot strip.of land) is under private ownership by the applicant w, ch allows for private use - a substantial properrty right o" the applicant. 3. The applicant has proffered to dedicate a pedestrian easement over the area in question. Yhis would allow for the construction of sidewalk and other public uses associated with public access. 4. The ra uest of the applicant does not burden City services. q , In addition to the granting of a platted pedestrian easement by the applicant. the committee, as a condition of granting the request to Naive the afurementioned dedication, has required ti,e applicant to execute a covenant to run with•th�� land which shad make mandatory the dedication of the 25-foot ,.,nor radius and the 0.5 foot x 175 foot strip of land should a L ilding permit be issued on either of the proposed lots described in the Oak Shadow Subdivision. t - 94- 453 tr • James J. Kay December 23, 1993 Chairman. Plat and Street Committee i Based upon the consensus of the committee's findings in the above j and my authority as Supervisor of Plat&. I am directing you to i eliminate the requirements for a 25-foot corner radius at the intersection of Secoffee Street and Cmathla Street and the 0.5 foot x 175 foot strip of land on the southerly side of Secoffee Street in connection with the plat of "Oak Shadow Subdivision." WEL:JJK:mw cc: Frank McMahon. P.L.S., Surveyor G. Miriam haer, Chief Assistant City Attorney Committee Members Michael Kuryla, Applicant E: 'I 3 94- 453 f � /7 •�i�J ,►�%r cam°' �S ��7'�i� ��d .•rye +�: 0�1 �. � , ^� 1000b y 1 ! I A/fir . qvv Leo . spawqvA., 10 •..• .wr • •s_ ••...• �._•a.�r rrwY w' r_nrw ..••_•_.w r_ ••• r•w_. •_r ._ •s••�i•.•••�_••sN._ti _.... .rT _. _►•.��•►...►_.. _ _w_r ••• ..•r ._ �__�._w._..• w _ . .d .. _. •.�.. ...�. •. rr • .. . 1 •.• w_w• r •r rw�_.•..r•••.r.••►__ • ►•._-.. r.o. .. •�fr...ror _. w•._ . . � ••• .� •• •. ._. .• �._......_.�.. r. •.+__• �' 94- 453 GSA/SW GRAPHIC REP I N T E R I O R TEL:305-5755152 May 1.1'94 15:16.Na-009 P.03 27/ E 1\ -I\A A J K R E S I G N A N D S P A C E P L A N N I N G April 4, 1994 Cesar Odic, City Manager:, 3500 Fan American Drive -. Miami, FL 33133 -- N a Dour Mr. Odic. No recently learned of the request by our neighbor Mr. Kuryla to split Lot 23 of Block C (corner -of Seaoffee & 8eathla) who's address io 2001 Nuathle sat. based on "hardship by owner". We are strongly against this lot split and find it hard to Imagine why he would be granted an adjustment based on "hardship". Mr. Kurlya, in addition to 2801 Imathla dt., owns the house next door at 2811 Zmathla St. which was advertised recently for sale at $815*000.00. Now is hardship defined by code? We feel that this decision is without basis and creates an unwanted precedent. This is a neighborhood of 1/2 acre lots and should remain so. To allow lot splitting would re4uce the value of all homer in this area and create a burden for traffic$ schools and local protection services. We would like this matter to be heard at'the next cousission sJathla 1ple as place this issue on your calendar. y. J8. 2 8tre tcie Clark. mayor y Hirai, City Clerk ;- 45 3 NORTHEAST and AVENUE, MIAMI, FLORIDA 33137 TELEPHONE 305•573.OAOD 11CINS10to c000iso Mrs. John E. Duvall 1900 Secoffee Street Miami, Florida 33133 7 July 1994 'i Dear The residents of the neighborhood known as Biscayne Park Terracg are outraged that the City of Miami Platting Department has permitted the intrusion of an new plat known as Oak Shadows. We care very much about the quality of life in our neighborhood and we want to make sure that there are no other distructive re -platting of our one hundred by two hundred foot lots: On March 31 a petition, signed by owners of the lots, as well as concerned r neighbors, was delivered to Assistant City Manager, Sergio Rodriquez, requesting a minimum lot size overlay, to correspond with the platted lot size we already have, be put in place. To my knowledge, such an ordinance has not yet been drafted , nor has it been scheduled for hearing before the Planning Advisory Board. We are eager to have this protection put in place before any further deteriotation can take place and I am writing to ask.that you use your power and influence ! to see that this request will be expedited. 1 We want our ordinance before the Planning Board, no later than September and 4 before your commission for first reading in October and a second reading in November. Our neighborhood wants and need your protection and your immediate attention to assist us in protecting our property will be greatly appreciated. Yours truly. Mrs. John E. Duvall�<r,