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Home My WebLink AboutR-94-0709J-94-641(b) 8/16/94 RESOLUTION N0. 9 4 7 0 9 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 924.1.3, LIMITATION OF LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS, TO PERMIT AN EXISTING DOCK WITH A SIDE SETBACK OF 5'-0" (10'-0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE LOCATED AT 1771 FAIRHAVEN PLACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED R-1 SINGLE FAMILY RESIDENTIAL. WHEREAS, the Miami Zoning Board at its meeting of July 18, 1994, Item No. 1, duly adopted Resolution No. ZB 66-94 by a tie vote of four to four (4-4) thus constituting a denial of the variance as hereinafter set forth; and WHEREAS, the applicant has taken an appeal to the City Commission from the denial of the variance; and WHEREAS, the City Commission after careful consideration of this matter, notwithstanding the decision of the Zoning Board, finds that there are peculiar circumstances affecting this parcel of land and that practical difficulties and unnecessary hardships exist which would impair the owner's right to the reasonable use of the property without the grant of variance as hereinafter set forth; tml COMMISSION MEETING OF S E P .2 2 1994 Rowlution No. 94- '709 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Miami Zoning Board in this matter to deny a variance is hereby reversed, and the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 9, Section 924.1.3, Limitation of Location and Extension of Docks and Piers in Residential Districts, to permit an existing dock with a side setback of 5'-0" (10'-0" required) for a single family residence located at 1771 Fairhaven Place, Miami, Florida, also described as Lots 5 and 6, FAIRHAVEN SUBDIVISION, as recorded in Plat Book 8 at Page 120 of the Public Records of Dade County, Florida, zoned R-1 Single Family Residential, is hereby granted. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 22nd day of September , 1994. ATT STEPAEN P. CLARK, MAYOR MAT7Y HIRAI CITY CLERK 94- '709 -2- PREPARED AND APPROVED BY: JG. IRIAM MAER CHIEF ASSISTANT CITY ATTORNEY GMMjms/M4526 APPROVED AS TO FORM AND CORRECTNESS: QU ES, III CITY ATT EY J ZONING FACT SHEET 'PZn 4 J LOCATION/LEGAL 1771 Fairhaven Place Lots 5 and 6 FAIRHAVEN SUBDIVISION (8-120) PROC. APPLICANT/OWNER ZONING REQUEST KRO, Inc. 1771 Fairhaven Place Miami, Florida 33133 856-6333 R-1 Single Family Residential. Eugene A. Rostov, Agent Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 924.1.3 Limitations on location and extension of docks and piers in residential districts, to permit an existing dock with a side setback of 5'-0" (10'-0" required) for a single family residence; zoned R-1 Single Family Residential. RECOMMENDATIONS: PLANNING, BLDG & ZONING Denial. PUBLIC WORKS May 5., 1994 letter of notice to correct violation; working without a permit. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY Continued from the Zoning Board Hearing of June 20, 1994; Resolution No. ZB 53-94 by a vote of 7-0. ANALYSIS There is no hardship to justify the requested setback variance for the existing dock of this single family residence. The structure was built without the benefit of a building permit and the appropriate setbacks should have been maintained at the time of construction. Note: The applicant applied for a permit with the Public Works Department and was denied due to non-compliance with the zoning code however chose to construct the dock anyway. The Planning, Building and Zoning Department recommends denial, finding that reasonable use of the property can be achieved without the existing encroachment. ZONING BOARD Motion failed 4-4 which constitutes a denial. (Res. No. 65-94) APPELLANT' Anthony J. O'Donnell, Jr. for KRO, Inc. CITY COMMISSION 9 4- 709 APPLICATION NUMBER' 94- 283 Page 1 July 18, 1994 Yes No N/A X ANALYSIS OF PROPOSED VARIANCE APPLICATION NUMBER 94- 283 Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The special conditions and circumstances are a direct result from the actions of the petitioner. Literal interpretation of the provisions of Zoning Ordinance 11000 deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner. Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district. The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or -- structure. The grant of this variance is in harmony with the general intent and purpose of this zoning ordinance and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. � � K �� * 4 �C. A ., i DR1VE * , ' • t 'f' �et� t 'tar ••ovt [ � a +• i a • . a b a "� op - le • COetr�. � ► • OpE E ••ar•`° CALVE L, a f ea. • � ,++ a Ic 1 . � fs f~/r' * • • w ,� nt ,f i• r ,• ,t ,• ,• a •r : .O I? t + l� w • rh t �� . a • , +�. .. < e N 4 1� • yF _• J •, t r • •• • • • Ina ,,, , u a ,r to �anrrrbi ' 2 p..L` • 4 • + +• • P ,t 6, ISO ► • t ESPANO.A O I.. DRIVE +< _ ' t • .' 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H r J f t ti r. � 8 r . � _ � � ^ ,ifs � L b M > Y A > �b. 4_iH(I � � ..� < � W A "'3' r. ` 1 � r `� .. r. h , �. � � � / � ) '.c .� �K.'. { < a 1 " r> R K' � > � { � x. r! y' ^aYfl)Yw�`.� r r :c ki7� � �tx t � r,,nc� � ��` y yk �, � �'• "X+ r < `. � ^ N. - . ,. ww�� ,� '� � 1 :S"�.�X� N � �}�'. S l�� ,{�)� ':. BAKER & MQ KENZIE EUROPE Asm ATTORNEYS AT LAW MIDDLE EAST PACIFIC AMSTERDAM MILAN BANGKOK SUITE 1600 BARCELONA Moscow. SEWING BERLIN PARIS HANOI BARNETT TOWER BRUSSELS PRAGUE MO CHI MINH CITY AVENUE BUDAPEST RIYADH HONG KONG 701 BRICKELL CAIRO FRANKFURT ROME ST PETERSBURG MANILA MELBOURNE MIAMI, FLORIDA 33131.2827 GENEVA STOCKHOLM SINGAPORE 789.8900 KIEV WARSAW SYONEY TELEPHONE (305) L ANODRODN zuRlcH rolPivo CABLE ABOGADOMIA • TELEX592386 FACSIMILE (305) 789.8953 July 21, 1994 Ms. Teresita Fernandez Chief of Hearing Board 275 N.W. 2nd Street Department of Planning and Zoning Second Floor Miami, Florida Re: Appeal of Zoning Board Action of July 18, 1994, App. No.: 94-283, 1771 Fairhaven Place KRO Inc.) Dear Ms. Fernandez: NORTH AND SOUTH AMER/CA BOGOTA MEXICO CITY SAN FRANCISCO BRASILIA MIA.. SAO PAULO BUENOS AIRES MONTERREY TIJUANA CARACAS NEW YORK TORONTO CHICAGO PALO ALTO VALENCIA OALLAS RIO DE JANEIRO WASHINGTON. D C JUAREZ SAN OIEGO The applicant/owner of the above -referenced Zoning application (App. No.: 94-283), KRO, Inc., hereby files this appeal of the City of Miami Zoning Board action at its meeting of July 18, 1994, which denied the variance to permit side setbacks of 5 feet (10 feet required) for an existing dock for a single family residence. The grounds for KRO, Inc.'s appeal are as follows: 1. The dock fully complies with the view corridor regulations of Dade County's Department of Environmental Resources Management (DERM). 2. The dock was constructed in full conformance with plans approved by DERM. 3. The dock was constructed in full conformance with all City. of Miami regulations except the side setback. 7 94- 709 EUROPEc� MIDDLE EAST AMSTEROAM MILAN BARCELONA MOSCOW. BERLIN PARIS BPUS SELS PRAGUE BUDAPEST RIYADH CAIRO ROME FRANKFURT ST. PETERSBURG GENEVA STOCKHOLM KIEV WARSAW LONDON ZURICH MADRID BAKER & MQ KENZIE ASIA ATTORNEYS AT LAW PACT rIC BANGKOK SUITE 1600 BEIJING HANOI BARNETT TOWER HO CHI MINH CITY BRICKELL AVENUE HONG KONG 701 MANILA FLORIDA 33131.2827 MELBOURNE MIAMI, SINGAPORE 789.8900 SYDNEY TELEPHONE (305) TAIPEI CABLE ABOGADOMIA • TELEX 592386 TOKYO FACSIMILE (305) 789.8953 July 21, 1994 Ms. Teresita Fernandez Chief of Hearing Board 275 N. W. 2nd Street Department of Planning and Zoning Second Floor Miami, Florida Re: Appeal of Zoning Board Action of July 18, 1994, App. No,: 94-283, 1771 Fairhaven Place KRO Inc.) Dear Ms. Fernandez: NORTH AND SOUTH AMERICA BOGOTA MEXICO CITY SAN FRANCISCO BRASILIA M,A SAO PAULO BUENOS AIRES MONTERREY TIJUANA CARACAS NEW YORK TORONTO CHICAGO PALO ALTO VALENCIA DALLAS PIC OE JANEIRO WASHINGTON, D C JUAREZ SAN DIEGO The applicant/owner of the above -referenced Zoning application (App. No.: 94-283), KRO, Inc., hereby files this appeal of the City of Miami Zoning Board action at its meeting of July 18, 1994, which denied the variance to permit side setbacks of 5 feet (10 feet required) for an existing dock for a single family residence. The grounds for KRO, Inc.'s appeal are as follows: 1. The dock fully complies with the view corridor regulations of Dade County's Department of Environmental Resources Management (DERM). 2. The dock was constructed in full conformance with pans approved by DERM. l �Z 1' 3. The dock was constructed in full conformance with all City. ',.of Miami regulations except the side setback. ■ 94- 709 Ms. Teresita Fernandez Chief of Hearing Board July 21, 1994 Page 2 4. The variance would not permit any greater utilization of the waterway by larger or more numerous vessels which are permitted to be located 5 feet from the side property lines. 5. The dock and variance would be consistent with the side setbacks of other docks on the waterway all of which have side setbacks of 5 feet or less. 6. The cost to KRO, Inc., of removing and relocating pilings and dock structures far outweighs any public benefit or interest to be served and would therefore be unreasonable. 7. Denial of the variance constitutes an unreasonable and discriminatory denial of KRO, Inc.'s use of its property. 8. There were no objectors from the neighborhood to the requested variance and no public interest would be adversely affected by the variance. We would ask that this appeal be scheduled before the City Commission of the City of Miami. Res ectfiilly submitted . Anthony J Donnell, Jr. Attorney for KRO, Inc. AJO/mb 43993-1 3: t d tZ Tr 94- 7 ZB 7/22/94 Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 65-94 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.1.3, LIMITATION OF LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS, TO PERMIT AN EXISTING DOCK WITH A SIDE YARD SETBACK OF 5'-0" (101.-0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE LOCATED AT 1771 FAIRHAVEN PLACE MORE PARTICULARLY DESCRIBED AS LOT 5 AND 6, FAIRHAVEN SUBDIVISION (8-120) PUBLIC RECORDS OF DADE COUNTY; ZONED R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by George L. Sands the motion to approve failed constituting a denial: AYES: Ms. Basila. Messrs. Barket, Moran-Ribeaux and Sands. NYES: Ms. Morales. Messers. Crespo, Luaces and Milian. ABSENT: Ms. Hernandez. ABSTAINED: Mr. Carman. Ms. Fernandez: Motion fails 4 to 4. July 18, 1994 Item #1 Zoning Board k ZB 7/22/94 Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 66-94 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 90 SECTION 924.1.3, LI"irTATION OF LOCATION AND EXTENSION OF DOCKS 1-ND PIERS IN RESIDENTIAL DISTRICTS, TO PERMIT AN EXISTING DOCK WITH A SIDE YARD SETBACK OF 5'-0" (10'-0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE LOCATED AT 1771 FAIRHAVEN PLACE MORE PARTICULARLY DESCRIBED AS LOT 5 AND 61 FAIRHAVEN SUBDIVISION (8-120) PUBLIC RECORDS OF DADE COUNTY; ZONED R-1 ,SINGLE FAMILY RESIDENTIAL. Upon being seconded by Arsenio Milian the motion to deny failed constituting a denial: AYES: Ms. Morales. Messrs. Crespo, Milian and Luaces. NYES: Ms. Basila. Messers. Barket, Moran-Ribeaux and Sands. ABSENT: Ms. Hernandez. ABSTAINED: Mr. Carman. Ms. Fernandez: Motion fails 4 to 4. July 18, 1994 Item #1 Zoning Board 94- 709 ZB 07 f 14/94 Mr. George Barket offered the following Resolution and moved its adoption. RESOLUTION ZB 53-94 RESOLUTION TO CONTINUE TO JULY 18, 1994, A REQUEST FOR A VARIANCE TO PERMIT AN EXISTING DOCK WIH A SIDE SETBACK OF 5'-0" (10'-0" REQUIRED) FOR A SINGLE FAMILY RESIDENCE LOCATED AT 1771 FAIRHAVEN PLACE MORE PARTICULARLY DESCRIBED AS LOTS 5 AND 6, FAIRHAVEN SUBDIVISION (8-120) PUBLIC RECORDS OF DADE COUNTY; ZONED R-1 SINGLE-FAMILY RESIDENTIAL. Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed and adopted by the following vote: AYES: Mses. Basila, Morales and Hernandez. Messers. Barket, Moran-Ribeaux, Crespo and Sands. NAYES: None. ABSENT: Messrs. Carman, Luaces and Milian Ms. Fernandez: Motion carries 7-0. June 20, 1994 Zoning Board Item# 3 11 94- 709 PETITION FOR VARIANCE File Number _ A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship on the property. As used in this ordinance, a variance is authorized only for height, area, size of structure, dimensions of yards and other open spaces and off-street parking or loading require- ments. (Section 1901) 1 K RO Inc. hereby petition the City of Miami Zoning Board for a variance from the terms of the "Zoning Ordinances of the City of -Mini," affecting property located at 1771 Fairhaven Place , Miami as specified below. In support of this application, the following material is submitted: X 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. x 2. Four copies of; the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and computations of lot area and building spacing. X 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). X 4. Certified list -of owners of real estate withi TS-f radius of the outside boundar4: of property covered by the application. X 5. At least two photographs that show the entire property (land and improve- ments). X 6. Other (Specify) Neighboring docks with less than 5' -0" setback 7. Fee of 5.�._, to apply toward the cost of processing, based on the following: CS, PR, R-1, R-2, (single-family and duplex residential uses) ............. S 200.00 Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot ........... S 30.00 Minis .................................. S 600.00 All other applications for each variance from the ordinance, per square foot of gross floor area of new building(s) or additions, based upon the definition of floor area (section 1901).............. S 0.07 Minim ........................:»......... S 550.00 13 94 - 709 Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per variance: CS, PR, R-1, R-2 ......................... S 200.00 All other residential districts .......... f 350.00 All nonresidential districts ............. s 450.00 Extension of time for variance ........... $ 400.00 Surcharge equal to applicable fee from items above, not to exceed six hundred and fifty dollars ($650), except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a proparty owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) X 8. The variance requested is for relief from the provisions of section 924 .13 of the City of Miami Zoning Ordinance as follows: Zoning ordinance 11,000 as amended estates: Minimum side setback for a dock is 10'-0" 5'-0" side setback is requested. X 9. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 1903.1 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. X (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) The special conditions and circumstances exist which are particular to this site due to the fact that the existing residence has a V -0" side setback, that the existing sorrounding boat docks have 0' to 5' setback and the minimum watercraft setback as per the zoning code is 5'-0" from the side property line. 94- 709 X (b) The special conditions and circumstances do not result from the actions of the petitioner in that: The petitioner was not intentionally or knowingly responsible for the violation since the only thing they did was to follow the existing residence setbacks which are 5'-0" from the property line X (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same toning district under the teen of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: The petitioner is unable to enjoy the complete use of the property because of the size limitations on the number and size of.the crafts to be docked at the property in question. X (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: Granting this variance will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands or structures in the same zoning district. (a) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: Rather than applying for a variance to build the dock up to the property line, like most existing surrounding boat dock, the owner is sacrificing dock space and asking for a five foot setback as the existing residence. This variance, if granted, is the minimum variance that will make possible the reasonable dock size. 94- 709 1,5 x (f) The grant of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or other- wise detrimental to the public welfare. The variance, if granted, will result in the enhancement of the property values in the neighborhood in which is located due to the fact it will render all docks along the canal more uniform in size. Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with this application. 44;p Signature .,.4=vPw*fx Authorized Agent Name Attorney: Mr. Eugene A. Rostov Address 701 Brickell Avenue Suite 1600 STATE OF FLORIDA) SS: COUNTY OF DADE ) Miami, Florida 33131 Mr. Eugene A Rostov being duly sworn, deposes and says that he is the )(Authorized Agent of Owner) of the real property described in answer to question tl above; that he has read the foregoing answers and that the sane are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. uthorized Agent SWORN TO AND SU®SC;RBED ay of before at this („� d My Cmission Expires: NOTAR* PUBLIC STATE OF FL' _ MY COMMISSION EXP. AUG. 7,1994 BONDED THRU GENERAL INS. UND. Notary PubTic, State of orida at Large )%- % ,k,— ,,q.,e,4 S- k—AC e" 94- 709 AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Mr. Eugene A. Rostov who being by me first duty sworn, upon oath, deposes and says: 1. That he is • - -w th (� legal representative the owner, submitting the accompanying application for a pu c Baring 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 toning 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 o 1ega1 representative. d. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Authorized Agent Sworn to and Subscribed before me this. C!f j19� Notary Public, State of Florida'at large ��= 7�9 17 NOTARY PUBLIC STATE OF FL, MY COMMISSION EXP. ALAG. 7.14oai angina•.. _.... OWNER'S LIST Owner's Name KRO Incorporated Mailing Address 1771 Fairhaven Place Miami, Florida 33133 Telephone Number 856-6333 Legal Description: Lots 5 & 6 Fairhaven Subdivision Plat Book 8 page 120 Owner's Name Mr. Eugene A. Rostov Attorney Meiling Address 701 Brickell Avenue Miami, Florida 33131 Suite 1600 j Telephone Number 789-8901 j Legal Description: i Owner's Nape Representativ Bunnell F dation Inc. Richard. A. Bunnell Mailing Address 7801 N.W. 66 Stree Miami, Florida 33166 Telephone Number 594-9900 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 N/A Street Address Legal Description Legal Description 9 4_ 709 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of su►+iact.real arooersv? I 1771.Fairhaven Place Miami, Florida 33133 Lots 5 & 6 Fairhaven Subdivision Plat Book 8, Page 120 Block 1 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #,2 requires disclosure of shareholders of corporations, beneficiar'es of trusts, and/or any other interested parties, together with their addresses proportionate interest. KRO Incorporated ( 100% Ownership ) C/O Eugene A. Rostov cue ex �+Ilai T 'Q'' 701 Brickell Avenue Suite 1600 Miami, Florida 33131 Phone # 789-8901 ( Please find attached ) 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. N/A ATTORNEY FOR dWNER STATE OF FLORIDA } SS: COUNTY OF DADE } Eugene A. Rostov • , being duly sworn, deposes and says that he is the Ch" (Attorney for Owner) of the real property described in answer to question F1, 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. attorney for owner SWORN TO AND SUBSCRi#ED before as this �(�_ day of/dg&Z, 19gt�% �----- -----�� Notary Public, State of Florida at Large MY C"ISSION EXPIRES: 19 NOTARY PUBLIC STATE W FL,, ONOEDD THRU GEE(��jtl{!' , 1Is" f, ll9d 9 4 — 709 u�o. EUPOPE Asu MIDOL! EAsr PAUFiC AMSTERDAM MILAN BANGKOK BARCELONA Moscow BEIJING BERLIN PARIS HONG KONG BRUSSELS PRAGUE MANILA BUOAPEST RIYADH MELBOURNE CAIRO ROME SIHOAPORE FRANKFURT ST. PETERSBURG "cy GENtVA STOCKHOLM KIEV WARSAW - . LONDON ZURICH MADRID BAKER & M'9 KENZIE ATTORNEYS AT LAW NORTH AND $OUrH AMERICA SUITE 1600 BARNETT TOWER 701 BRICKELL AVENUE MIAMI. FLORIDA 33131-2827 TELEPHONE (305) 789-8900 CABLE ABOGADOMIA • TELEX 592386 FACSIMILE (305) 789.8953 May 24, 1994 Ms. Teresita Fernandez Hearing Boards City of Miami Planning, Building and Zoning Department 275 N.W. 2nd Street, 2nd Floor Miami, Florida 33128 Re: 1771 Fairhaven Place Miami, Florida Dear Ms. Fernandez: BOGOTA LOS ANGELES SAN DIEGO 811AUESILIA MEXICO CITY SAN FRANCISCO BNOS AIRES MIAMI SAO PAULO CARACAS MONTE14REY TIJUANA CHICAGO NEW YORK TORONTO DALLAS PALO ALTO VALENCIA JUAREZ RIO DE JANEIRO WASHINGTON, D.C. This letter is to confirm that KILO Incorporated, the owner of the above -referenced property is owned 100% by Balbina Kasinsky. Very truly yours, PR & MCKE Z yXforKRO, nnell, Jy Inc. AJOlrr STATE OF FLORIDA) COUNTY OF DADE ) SWORN TO AND SUBSCRIBED before me this 24th day of May, 1994. NOTARY PUMC, STATE OF FLORIDA AT LARGE My commission .expires: Name of Notary: Rita Mary Rheaume x Personally Known 94- 709 21 ,G—=- X+EtaIT "A ". I RESOLUTIONS OF THE SOLE DIRECTOR OF KRO Inc. The undersigned, being the sole Director of KRO Inc., an International Business Company existing and operating under the laws of the British Virgin Islands (the "Company"), hereby consents to the adoption of the following resolutions: RESOLVED, to issue a Power of Attorney in favour of EUGENE A. ROSTOV, a United States citizen, resident and domiciled in Miami, Florida, United States of America, with offices at 701 Brickell Avenue, Suite 1600, Miami, Florida 33131; and further RESOLVED, to authorize Mrs. Fay Roberts and Mr.. Michael Francombe as Attorneys -in -Fact of Tortola Corporation Company Limited, Director of the Company, to execute the Power of Attorney on behalf of the Company. Adopted and signed this 17th day of June, 1993. Tortola Corp ion Company Limited 'rector 23 94- 709 M D IMIM[MEL FOYAONTIOM, 109. City of Miami Department of Public Works 275 N.W. 2nd Street Miami, Florida 33128 Attn.: Mr. John H. Jackson Assistant Director (305) 579-6856 Dear Mr. Jackson: phone (305) 594-9900 "HAND DELIVERED" May 25, 1994 Re: Hearing for existing timber residential docks located at 1775 Fairhaven Place Coconut Grove, Florida This letter shall serve as the documentation of progress for the required setback Zoning Variance on the referenced project, as per our conversation on May 25,1994. On this day, the required variance applications, plans, neighbor list and fees were presented to Mrs. Teresita Fernandez Chief of the Hearing board Division. Since this variance was presented for the first time on March 18,1994, Ms. Fernandez informed me that she will try to place us in the June 20 Agenda.. We will be receiving information by mail as to the exact date and time. I will keep you informed of future progress. any further questions. Sincerely BUNNE L FOUND INC. gi G a Plans & Permit Administrator cc: K.R.D. Inc. Mr. Eugene A Rostov Mr. Anthony J. O'Donnell, Jr. Mr. Charles Bates Encls. Please call me if you have 94- 709 7801 n.w. 6 6 t h street / miamI fIorlda 33166 foundation piling a seawalls • cofferdams • marinas • bridges drilled shaft construction • cast in situ retaining walls • injection grouting marine engineering contractors in south florida since 1911 WALDEMAR E. LEE Director - > c' `cF\o F May 5, 1994 KRO Inc. c/o Eugene A. Rostov, Esq. 701 Brickell Ave., Suite 1600 Miami, FL 33131 Dear Mr. Rostov: RE: 1775 Fairhaven Place: Waterfront Improvement CESAR H. OD10 City Manager During construction of the home at the above address, City of Miami inspectors discovered that two docks had been built along the waterfront in the rear of the property without benefit of permits or inspections. A search of the records revealed that the contractor, Bunnell Foundation, Inc. had applied for the permits, but, because the plans were not consistent with the Zoning Code, the applications were rejected. As a result of these violations, the final Certificate of Occupancy for the home has been withheld. On December 20, 1993 the City of Miami received an "After the Fact" Quadruple Fee for the waterfront improvement. At that time, the contractor was directed to have the owner of record apply for a Zoning. Variance for incorrect side setbacks on the newly constructed docks. A recent inspection of the site found that the contractor has altered the setbacks at the north and south end. In addition, he has constructed an additional dock to connect the two structures together, again without permit or inspection. To date, the City of Miami has not received any application for the Zoning Variance. The wooden docks are in violation of Section 29-43 of the City of Miami Code and City of Miami Zoning Ordinance 11000, Section 924.1.3. The Department of Public Works hereby notifies you that, within ten (10) days of receipt of this notice, you must either apply for the Zoning Variance of the side setbacks and furnish us with documentation that the process is underway or remove the offending structures. Failure to comply with this notice will result in the issuance of a Uniform Civil Violation Notice, with a fine of up to $5,000. ��- 27 799 n90AoThic.rr r%r no rn, rr• u,--, .._. KRO, Inc. May 5, 1994 Should you have any questions regarding this matter, please contact Mr. Bryan Harms of the Coconut Grove NET Service Center at 579-6018. Your cooperation in this matter will be appreciated. Sincerely, ohn H. Jac on Assistant erector JHJ/CB/BH/adm cc: Mr. Richard Bunnell Bunnell Foundation, Inc. 7801 NW 66 Street Miami, Florida, 33166 Santiago Jorge -Ventura, Deputy Director/Building Official ` Planning Building and Zoning Teresita Fernandez, Chief �- Hearing Boards, Planning, Building and Zoning Juan Gonzalez, Acting Zoning Administrator Planning, Building and Zoning Bryan Harms, Inspector Coconut Grove NET 94- 709