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HomeMy WebLinkAboutR-91-0090J-90-1046(a) 1/24/91 RESOLUTION NO. y 1 T 90 A RESOLUTION AFFIRMING 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 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL AND ARTICLE 9, SECTION 906, SUBSECTION 906.4, TO ALLOW THE CONSTRUCTION OF A CARPORT IN FRONT OF THE PRINCIPAL STRUCTURE AND WHICH IS PROVIDING A 3.5' FRONT YARD (20' REQUIRED) FOR THE PROPERTY ZONED R-1 SINGLE FAMILY RESIDENTIAL WITH AN SD-18 OVERLAY DISTRICT, LOCATED AT 1917 TIGERTAIL AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOT 9, BLOCK B, BISCAYNE PARK TERRACE, AS RECORDED IN PLAT BOOK 2 AT PAGE 36 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE; SUBJECT TO THE CONDITION THAT THE CARPORT SHALL NOT BE VISIBLE FROM TIGERTAIL AVENUE AND SHALL NOT BE USED FOR ANY OTHER PURPOSES; AND FURTHER SUBJECT TO THE CONDITION THAT APPLICANT SHALL NOT ENGAGE IN ANY LITIGATION OR PROCEEDINGS AGAINST THE CITY OF MIAMI IN THE CITY'S EFFORT TO ENFORCE THE TERMS OF THIS VARIANCE; SAID VARIANCE HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of November 19, 1990, Item No. 5, duly adopted Resolution ZB 108-90 by a six to two (6-2) vote granting a variance as hereinafter set forth; and WHEREAS, the Coconut Grove Civic Club has taken an appeal to the City Commission from the grant of the variance; and WHEREAS, the City Commission, after careful consideration of this matter 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; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CITY COMMSION NEET IG OF JAN 24 1991 RESOLUTION No. q Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in this matter is affirmed and the request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, R-1 single family residential and Article 9, Section 906, Subsection 906.4, to allow the construction of a carport in front of the principal structure and which is providing a 3.5' front yard (20' required) for the property zoned R- 1 single family residential with an SD-18 overlay district, located at 1917 Tigertail Avenue, Miami, Florida, also described as Lot 9, Block B, BISCAYNE PARK TERRACE, as recorded in Plat Book 2 at Page 36, of the Public Records of Dade County, Florida, as per plans on file, is hereby granted subject to the condition that the carport shall not be visible from Tigertail Avenue and shall not be used for any other purposes; also, subject to the condition that the applicant shall not engage in any litigation or proceedings against the City of Miami in the City's effort to enforce the terms of this variance; further, said variance having a time limitation of twelve months in which a building permit must be obtained. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of January , �VXAVIER L. SU MA R ATT T: MATTY HIRAI, CITY CLERK • PREPARED AND APPROVED BY: v UvAbvo. M up-\ G.M'IRIAK MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO GE L. F RNANDEZ CITY AT=XNEY GMM/rma/M1926 - 3 - 91- 90 PzW12 ZONING FACT SHEET LOCATION/LEGAL 2750 NW 7 Street Lots 13, 14, a 15 GROSSE POINTE HIGHLANDS (34-82) P.R.D.C. APPLICANT/OWNER Kebra Enterprises, Inc. C/o Marta Luis 1231 SW 27 Avenue Miami, FL 33135 Phone 643-0808 ZONING Lucia A. Dougherty, Esq. 1221 Brickell Avenue Miami, FL 33131 Phone 579-0603 C-1 Restricted Commercial. REQUEST Special Exception as listed in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, C-1 Restricted Commercial, Conditional Principal Uses (4), to allow the construction and operation of a drive -through facility for the Republic National Bank located at Approximately 2800 NW 7 Street, subject to City Commission approval. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL SUBJECT TO LANDSCAPE PLAN ON FILE. AND PUBLIC WORKS DADE COUNTY TRAFFIC AND TRANSPORTATION . I7V46..4.. wnanv VrUr%n1 ARM "WWWW. Kell pf VF Wait drive -through facility will Rave no negative impact on the surrounding neighborhood, should the aforementioned conditions are followed. No comment. No comment. • s ZONING BOARD At its meeting of December 3,1990, the Zoning Board adopted Resolution ZB 112-90, by a vote of 8-0, sub- ject to City Commission review. granting the above. One OPPONENT, and nine PROPONENTS were present at the meeting. Two replies AGAINST, and six replies in FAVOR, were received by mail. 9i- 88 �C E i-ia. , t J na`�C oz o� 13 Q $j A� / • O q N.WIT i• r� a�0 is• Ll e ul `- C a�E TERRACE , s •.�.ag . ou wool WN . IKa �� �.� ,thy . '�` 5�'4' '+ , - 1 • :1� r. "' � .� -.' ' fir•- � ��( 1 i In toll � i ' i+� � Ia �• � . r . - L• tti"11�w-•F .. C 77 -.c:i .■.wfr,: a=A•i; .�-j .�1'c- Rjhi�•+�'�y?�••efi.N" �� •. _�.� ", Y� r ,., ' _ � � ' "► d9• , ,�- '�• _ aka M_ � � , r1i •�4 Y� +�'- �• E ':' � _^- � .'_ ,,;rev}'.. �.• „s . ""'� " � � ROM Ali Aft 1p op JA ••i . 10 . '. J PPCW tw JW LL Oft , FIr i , 1 �1..L i . ' � .• i� ,rr - ,y�� •;''�";''' � • y _ Kam{.. ;� �� . -i . APPLICATION FOR A CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION Fife Number OSE-83-_, . Within the City genw-Wiy, or within certain zoning distrtcts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditiom and serf eguatds which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentto;Uy adverse effects. it is further tntended that the expertise and ft*ement of the Zoning Board be exercised in making such determinations, in accordance with the rules, comderationf and limitations relating to Class D Special, Permits and Special Exceptions. (See Articler?d,l. Formal public notice and hearing is not mandatory for Class D Special Permits, but Is mandatory for Special Exceptions. In 'other respects, these classes of Special permits we the saute. The Zoning Board shalt be solely respamObte for determinations an appiications for Class D Special Permits and Special E=ceptioas. All applications to these class" of special pumtts shalt be ref erred to the dtreetor of the Department of Plamling for hit 'recommendatlons and the director shad mad" arty further referrals required by these regulations. hereby apply to the City of approval ot, Cho= one: _.._ Class 0 Special Permit .`. Special Exception for property• Iocated at N.W. 7 th Street between N.W. 27 th and N.W. 28th Avenue Miami. Nature of Proposed Use (Be spectftcl ,ec al Exception to permit a drive through facility for a financial institution with City Commission approval. attaQi the failowing in m=crt Or exoiare;tian of •tuft appsicatia�ra I. Two stino" of me prom rypad by. o: 5tam of Florida Regitterse�.LWA , . L For copies ch site plan tuswiM (at ceoviricl) prepern► boes+oaries esastinq an i�po'ed stssisi. parsing, latittg, sanlee:inq, eta wilding eieratiocn (if A4 is W with dunntions an aa MUG-6:iant of lot alas tyro: and net). W1 calla: (open spoea. now MV&;crici %% ete.2, building op imi 1 g ona hm4r, erevv�e. S" seams u04=0. „".3. Affidavit di=Jotin4 ownership of pcoM1"y eoversa br application aui dLicim of Worm form (f'wm 4.43 ona a=Ck to apt a• Certtiied list of owners of ramaiestate within 3W radian from the outside b NVI ins of property covered br this appii (Sae Fans 6-83 and attach to x L At teats two pimogrgi that slur the white property► band and lrnpeoveenenss�. 6. Other () Power of Attornev T. Fie of5. 1.300.00 bond anfa inv (ov Ctaa 0 $450.00 6) SAS Ematian SM.00 (a) Suee:sarge eavai to appiia®ia fame from (a) or (b) above not to =wo d $650; to ba refefn if there e'f no qwed may Cods seeci t "41L Sipasare 11R7:� AiAlnnZW Ii�!= NNIM Lucia A. Douvherty Address 1221 Brickell Avenue CISy, Stah Mp Miami, Florida 33131 Power (305) 579-0603 STATE OF FLORMA 1 SIG COUNTY OF OACM ) coma ana saw that Re is me atom Mat he has rem tt.& foregoing answers ana itFi7m (if acting as agern for owner) that he has authority behmf of the owner. being duly sworn. at the rem prom ry deuri me sanw are true and =ttpiete; and to examte this application focal an 91— 88 16 4 + (MAU SWORN TO ANO SUBS Lucia � A. Dougherty before me this /C _ dos, tatsaa at Larr" My COMMISSIM E e, KY clT':$::" . i:. i I i j! I 1 I r 91 — 4rtT't t 0�83 STATE OF FZa=k) SS. - COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeal Lucia A. Dougherty , who being by rre first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accomp,tyn'ng application for a public hearing as �� 11 e_oo c.�'° required by Ordinance No. 0 o hs Code of the City of Miami, Florida, effecting 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 modification 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 raambers and legal descriptions for the real property 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. (SEAL) (Name 1 Lucia A. Dougherty Sworn Lo and Subscribed before me this la =_ day of �19_l0. Nota y Public, State of Florida at Large Nty Ca:mission Expires: OWNER'S LIST Owner's Name Kebra Enterprises, Inc. Mailing Address c/o Marta Luis, 1231 S.V?. 27th Avenue, Miami, FL 33135 Telephone Number (305) 643-0808 Legal Description: Lots 13, 14 and 15, GROSSE POINTE HIGHLANDS, Plat Book 34 at Page 82 of the Public Records of Dade County, Florida Ownar' s ►rame Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number_ Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description NONE Street Address Street Address Legal Description Legal Description ib i 1. Legal description and street address of subject real propbit:�a Lots 13, 14 and 15, GROSSE POINTE HIGHLANDS, Plat Book 34 at Page 82 of the Public Records of Dade County, Florida N.W. 7th Street between N.W. 27th and N.W. 28th Avenue 2.. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties iFaving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Kebra Enterprises, Inc. is the sole owner of the property. L ` `O� Ibrahim Alvarez is the sole Director/Officer/Shareholder of Kebra Enterprises, Inc. c/o Marta Luis 1231 S.W. 27th Avenue Miami, Florida 33135 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. None STATE OF FLORIDA ) SS: COUNU OF DADE ) V ildWWI�T0 W Lucia A. Dougherty Lucia A. Dougherty , being duly sworn, deposes and says that ne is the (3d (Attorney for owner) of the real property described in answer to question #1, abo et that he has read the foregoing answers and that the same are true and oamplete; and (if acting as attorney for owner) that he has authority to execute t" Disclosure of Ownership foam on behalf of the owner. Ili i SEAL) (Name) Swats M AND SUSSED before me this — dayof Notary Publico, Sto of Florida at Large STATE OF FIOWMA ) SS : COUNTY OF DADE ) r G t Gts}- �G , being duly sworn, deposes and says "that ne is the duly appointed of , the owner of the real property descrioea in amfer to Question $l, move, that he has read the foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of owner- ship form on behalf of the owrtier. S1n'DfRM M AND SUBSCF.M before me this — day of COC& _ r9,�Z0 ic, state of Florida at L 6-9e MY CONlVUSSIC.tI EXPIRES: (SEAL) 1 17.7 such a review, the decision of the heritage conaayation board &lull supersede any ac- tion of the department of fire, rescue and (b) inspection services and constitute a final de- cision subdect to a subsequent appeal to the city commission. (a) Zffe rim data All permits for removal of trees not located in an environmental preserva- tion district ahaU not become eif'ective until at least ten (10) days alter the date of approval; and no removal of a tree or development activity shall commence on the site prior thereto. (i) Pc7nit cards Within twenty-four (24) hours of the approval of a tree removal permit under this sedim. a--- pis %P%mf copy(s) of such permit shall be erected in NU view of the public within five (5) feet of each street side or side nearest it street of the property for which the permit has been hued. The property owner shall be respon- a'ble for ensuring that such permit is so displayed until the aauthorised work is oaenpleted. (Code 1967, 1 64.7; Ord. No. 8796, f f 1, 2, 6.19-78; Ord. No. 94W. f 1(C), 5-27.82; Ord. No. 9769, 11, M1648) Sec. 174L Removal of trees and development aaoltvity within enyiromamemtal prey ervation districts. (A) Cv*icote of Appvvi requbed No person, agent or tepeeseatative thereof, directly or indi- rectly, shall cart down, destroy, move or effectively destroy through damaging any tree or other envi- a mentally significant feature within an envi- r amentel pe+assrvation district without first ob- taining a certificate of approval. No person, agent or asp sssataetive thereof shall commence any de- vslopmotent activity within an area visible gram a public way within an eayiroomental pees to vation district without AM obtaining a caartificate of ap- pevveal, Awdsrd and apedat, as heninafbwprovided: (1) Standard certificates of approval may be i} salad by the heritage coomwvadon aaffioer, with- out review and approval by the heritage con- servation board, for the following clasaifice tions of applications: (a) Applications for development activity whsare all eaiobng trees (other than those Sapp. No. U (c) (d) (e) 1174 covered by (b) and (c) below) are to be pareterved or relocated on -site. Application& for removal of trees which are diseased, injured, in danger of fall• ing, or interfere with utility service, cre. ate unsafe vision clearance, or oonflict with other ordinances or regulations. Application for removal of trees which are HOW in section 17-12(c) as ®desirable. Applications involving tree removal and additions or modified one to aadsting build- ing, except where such addition exceeds fifty (50) percent of the existing lot Coverage. Applications involving tree removal and site iits for existiM buildings such as but not limited to fences, walls, patios, driveways, pools, etc. (2) Special certificates of approval require the approval of the heritage conservation board, and include the following classifications of applications. 1184 (a) Applications for new development involy. ing removal of existing trees from the site or alteration of other environmen. tally significant features. (b) Applications for development activity or tree removal not listed in paragraph (1) above as elide for a standard certifi- cate of approval. (c) Applications referred to the heritage con. seervatioan board on appeal hom4 decisions of the heritage conservation o fioea<. (0) AppheaboRs All opplicstions for a cealtificate of approval within environmental preservation districts shall be initially made to the heritage caosearvation 1 M -1 . Applications shall include the following and shall remain on fie with the city. (1) An official, application form, including all re- quested information signed by the property owner. (2) A certified tree suz vey, prepared by a regis- tered land surveyor or landscape architect, (except that for developed siaglsfimily and duplex dwelling units such survey may be prepared by the home owner). Such survey 0 1 174 ENVMONN3WrAL PREUMVA77ON &hall show the location of all existing trees, upon the buildable area and the yard area of the entire site sa well as all structures, paved aroma, and natural features. Tree infarma- tiou @hall be summarised in legend farm and @ball contain the botanical and common name, tnmk diameter, approximate height, and w pr x mate spread of all tress and Undacape features on the site. Group of trees less than three (8) feet apart may be designated as clumps, with the exception that any tree with a trunk diameter six (6) inches or more must be spedf rally+ designated. Fa large site aroma an which dmiopmont activity or tree removal is to occur on only a portion of the site, the required tree survey shall exclude those por. Lions of the site which will not be affected by the development or the romaval activity. The heritage conservation offs shall determine the proper extent of the tree survey. 1174 (c) L cation, shape gad spatial a ftugrament of all parking areas amid scoe@s roads. (d) Existing and prapaed grading. (e) Prapomed utility services. (f) Setback and yard roquhvnm atL (9) Existing trees to be removed from the Ste. (h) Existing trees to be relocated, including positions before and after relocation. (i) Existing trees to remain in position. Q PrUndaoaps plan indicating loca- tion, common and botanical name, cali- per. height, and spread of all proposed new tram and other plan material. (k) Signature of a soning iiiapection official wag Compliamioe with applicable zon- ing regulations or sped0ing variances necessary for permitting. (6) Application fee. (8) A minimum of two (2) pbotegraphs a4nuatsly (G) Application Review. The heritage con&erva. showing the general lend&cape character of W'tim aMoer &hall review the application, which the site and at leant one (1) photograph clearly�'�•' may include a site inspection or referral to other showing each tree proposeto be removed. ddepartments, and determine whether the type and mach photograph shall be clearly labeled and extent of the proposed wars fills within the ju- keysd to the site plan. ridiction of a standard certificxts of approval or a special certificate of approval. (4) In cases of applications involving only tree removal and no other development activity, (1) the fbllowing information @hall be indicated directly upon the tree survey: (a) Existing tress to be removed from4 the Ste. (b) Rxistintreo to be relocated, including position 1, she s and after selocation. (c) Existing tress to remain in position. (d) Location, common and botanical name, caliper, height and spread otall proposed now trees or other plant material. (5) Applications involving development activity, which requires a building permit shall sub- mit a site plan drawn at a minimum scale of one (1) inch to twenty (20) fast including the Wowinv- (a) Location, aim" and spatial arrangement of all existing and prropoaoil buildings, walls, stavetures and natural features. (b) General location and description of aus- rounding buildings &red land areas. sow Na 16 1186 Where an application is eligible for a scan. dard certificate of approval, the heritage con. am-,* n afBoer @hall, within fifteen (15) days of receipt of a completed application, issue such standard certificate of approval, with or without conditionsor darw such standard cor- tiiicate of approval with specified reasons therefor. (2) Where the nature and extent of proposed work requires a. spedal cite of approval, the heritage conservation board shall hold a pub- lic hearing and take action within faety4vo (45) days of receipt of a completed applica. tion. The board shall either authorise a ape. dal cwdflc&U of approval, with or without conditions, or deny such apedki certificate of approval with &pedfled reasons therefor. (D) f4rmita No permit for development activ. itsy or tree removal within an environmental pres. ervation district shall be issued by the depart- ment of Sre, rescue and inspection services until a oertificate of approval has been issued pursuant 9 1 -- 88 ail iteSI1/—*Z-30 FOR IMMEDIATE RELEASE Dcj.Etylirai City Clerk LIVEABOARD BOAT OWNERS UNITE Amid continuing efforts by the City of Miami to abolish liveaboards throughout all of Miami's waterways, boat and property owners recently met and organized the Liveaboard Preservation Association in an attempt to counter what they see as a dangerous threat to the historic rights of boat owners to live aboard their vessels; a right which existed in Miami well before the city was Incorporated. At Issue is the city's new master zoning ordinance which abolished all liveaboards within the city limits. Ordinance 11000, as it is called, created a furor late last year when boat owners gathered at city hall to voice their opposition to members of the Zoning Commission. As a response to the issues raised by boat owners at that time, as well as an acknowledgement by Zoning and Planning officials that they had erred by excluding liveaboards from marinas such as Dinner Key where the city had recently spent hundreds of thousands of dollars to accommodate liveaboards, the Zoning and Planning Department recently completed a revision of ordinance 11000 due to be reviewed by the City Commission on their January 24,1991 meeting. While granting " grandfather " status to those boats in existing marinas, the revision continues to exclude large numbers liveaboards from living on boats within the city limits. Specifically excluded from all areas of the city are the many housebarges that have in some cases been a fixture on Miami's waterways for 20 and 30 years. Boat owners charge that even if everyone wanted to comply with the new ordinance, which many view as an illegal attempt by the city to impose their will over waterways whose jurisdiction is in contention between various state and federal agencies as well as the city, it would be impossible because there are not enough empty boat slips in the marinas to accommodate all the boats that would be classified as illegal by the new ordinance. Additionally marina owners, including the city's own Dinner Key marina exclude housebarges from their marinas. 91.-- 89 PAB 12/5/90 Item #5 Page 1 of 2 91- 89 In response to these issues, liveaboard boats owners have closed ranks and formed the Liveaboard Perservation Association to challenge the ordinance. The Association intends to press their case before the City Commission at their upcoming meeting on January 24th, and at the second reading of the ordinance in February. Additionally, the Association hopes to have a series of meetings with city planning and zoning officials in an effort to discuss possible zoning variances which would Include more liveaboards within the revised ordinance. " We would like to try and negotiate this issue with the city, " the Association's Chairman stated at the end of the meeting, " but if that fails, then the Association, as well as all the waterfront property owners will have to consider a lawsuit against this ordinance. " The Liveaboard Perseveration Association's new Board of Directors are: Chairman Al Crespo 633-4596 First Vice Chairman Stanley Haves 758-2319 Second Vice Chairman Paul Kuchukian 633-4338 Secretary/Treasurer Jacqueline Dozier Board Members Ron Milbrandt Stuart Hanley Tom Schlosser Tom Doughtery Brent Peebles lecol u ill , : • 1 . .. _.- ... �.1 Lil item o-30 91 - 89 • • PLANNING FACT SHEET PZw30 APPLICANT City of Miami Planning, Building and Zoning Department: October 31, 1990 PETITION 5. Consideration of amending Ordinance 11000, as amended, the zoning ordinance of the City of Miami, by amending Article 4 Zoning Districts, PR Parks, Recreation and Open Space District, Permitted Principal Use, Permitted Accessory Use, and Conditional Accessory Use, to recognize existing marinas and ancillary, facilities and providing that accessory uses for new marinas will require conditional use approval; C-2 Liberal Commercial District, Permitted Principal Use, to allow occupancy of private pleasure craft as living quarters; Article 6 SD Special Districts, Section 604 SD-4 Waterfront - Industrial District, Conditional Accessory Uses, to permit occupancy of private pleasure craft as living quarters; Article 9 General and Supplementary Regulations; subsection 904.3 Exclusion of Specific Uses to clarify that occupancy of private pleasure craft as living quarters in all residential districts is prohibited; and Article 25 Definitions, Section 2502 Specific Definitions to include illustrations for houseboats and housebarges. REQUEST To clarify that 1) occupancy of private pleasure craft as living quarters is prohibited in residential districts; and 2) in PR, Commercial and Waterfront Industrial districts, occupancy of private pleasure craft as living quarters is allowed or permitted. RECOMMENDATION PLANNING DEPARTMENT Approval. BACKGROUND (Note: This item was continued from Planning Advisory Board meeting of November 28, 1990). ANALYSIS The existing ordinance prohibits occupancy of private pleasure craft as living quarters in residential districts plus Office and Government/Institutional districts; housebarges are prohibited in all districts. In C-1, marinas and occupancy of private pleasure craft as living quarters require special exception approval. PAB 12/5/90 Item #5 Page 1 of 2 9i-- 89 These amendments would: 1. In PR (Parks, Recreation and Open Space) districts for new marinas, reouire that occult ancy of private pleasure craft as jiving quarters obtain special exception approval; where marinas are existing, occupancy of private pleasure craft as living quarters is "grandfathered". 2. In C-2, allow occupancy_ of private pleasure graft as living quarters for transients. Commercial marinas are presently allowed by right. 3. In SD-4 Waterfront Industrial, permit occupancy of private pleasure craft as living quarters by Class I permit. In SO-4 -- Waterfront Industrial, commercial marinas are now allowed by right. 4. Clarify that occupancy in residential districts, and not the vessel is prohibited by subsection 904.3. 5. Add illustrations for houseboats and bouse barges to the existing definitions. -- RECOMMENDATION PLANNING ADVISORY BOARD At its meeting of December 5, 1990, the Planning Advisory Board adopted Resolution PAB 82-90, by a 9 to 0 vote, granting the above. 91 - 89 PAB 12/5/90 Item #5 Page 2 of 2 a C January 17, 1991 Miami City Commission City Hall 3500 Pan American Drive Dinner Key Miami, Florida 33133 The undersigned are aware that on January 24, 1991 you will consider an appeal to the granting of the zoning variance requested by Mr. and Mrs. Danly at 1917 Tigertail Avenue, to allow the construction of a carport approximately four feet from the street on Tigertail. We further understand that Mr. and Mrs. Danly desire to construct the carport out of wood consistent with the architecture of their home, that they do have a right to erect a carport without obtaining a variance if it were "temporary" (i.e., made out of canvas or aluminum), and that the carport will be placed behind a coral rock wall the owners constructed over the course of the summer running the entire length of their property line, thereby concealing the structure from the street. Given these facts, we have no objection to the construction of the carport per Mr. and Mrs. Danly's request and urge you to reject appellant's appeal and affirm the city's ruling on November 19, 1990 granting the variance. NAME -_ 41 L,ef'o &4Z &O &V NI M record in connection �wiitth�� item/`'_ on �-=-�- y Matty I3irai City Clerk Very truly yours, ADDRESS lV1 lAt7li�• JJ. 9 1 --- 90 U City of Miami Building and Zoning Department 275 N.W. 2 Street Miami, Florida 33128 re: Lot 9, Block B, Subdivision: Biscayne Park Terrace, located at 1917 Ti,gerta 1 Avenue Gentlemen: In support of this application, the applicant is prepared to offer the following evidence. Special conditions and circumstances exist which are peculiar to the land, structure and building involved and which are not applicable to other lands, structures and buildings in the same zoning district. The applicant recently purchased this home for his private residence. The building is si� tuated _on the property_ in _ a._-way____whGh _ doss__-not_pr-o�tide _-for su icient -frontal_-set back to_ accommodate_.any_..ty-pe o#_permanent__ca_r. port o_r_car, _._shelter__other than_. a _removable._.-_canvas_.__car_._shelter (zoning code section 2008.4). The location of the house and its main entrance make it impossible to provide for a permanent car port structure anywhere on the property except in the front. The special conditions and circumstances do not result from the action of the petitioner. When applicantuhased_this property_ on October 18, 1989 the house was already built and even though the applicant is in process of putting on a master bedroom/bath addition and pool, these are being done at the rear of the property and are not near the proposed structure. The front set back from the property line/base building line was pre-existing at the time of, purchase and the owner has done nothing to change that. Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardship on the petitioner. The zoning ordinance requires that a permanent car port have a minimum front set back of twenty feet and a side set back of five feet. The proposed structure can meet the five foot side set back requirement without any problem. However, it cannot meet the front set back since -there -is only 52-5�_feeto.al__ diisst_ance from t_h roperty line/base_bu �d ncr._line and the front of __- - - the__house. The proposed structure is approximately twenty feet deep and if it is situated as required by the zoning ordinance, this wniweaua- appr�ximate1_y_.__12..59 feet between the house and the car port_ This is not enough distance for cars to pulin or out._ The applicant would suffer undue har ship if he were unable to house his Submitted into the public record in cor_nectio with itemr� :�9 on � w M�L�atty 1Hi.{r}�.1aai V 1 0ie1 91-- 90 5`el THE OWN& 2i4.--foll SITE PLAN I':2W-O" . /-Or '7, 1-5Z-OCK- , &S*%--Ar7VC.,0,44M 77,-� S ' 114A7' b0Q< NO 2 , gC, CKCe op;ll 9 . a PZM 4. ZONING FACT SHEET LOCATION/LEGAL 1917 Tigertail Avenue Lot 9 Block B BISCAYNE PARK TERRACE (2-36) P.R.D.C. APPLICANT/OWNER Michael D. Danly 1917 Tigertail Avenue Miami, FL 33133 Phone 859-7600 ZONING R-1 Single Family Residential with an SD-18 Overlay District. REQUEST Variance from Ordinance 11000, as amended, the Zoning Ordinance of the City of Mimi Article 4, Section 401, Schedule of District Regulations, R-1 Single Family Residential and Article 9 Section 906, Subsection 906.4, to allow the construction of a carport in front of the principal structure and which is providing a 3.5' front yard (20' front yard required) RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. There is no hardship to justify the req�ed variance to allow the construction of a carport in front of the existing single family residence, providing a 3' -6" front yard setback -- instead of the 20'-0" required. The proposed carport mAy be located within the property without having to seek a variance, and to grant the requested variance will result in a special privilege to this individual owner. PUBLIC WORKS No comment. BADE COUNTY TRAFFIC AND TRANSPORTATION No comment. ZOWMG BOARD At its meeting of November 19, 1990, the Zoningg Board adopted Resolution ZB 108-90 by a 6-2 vote, granting approval of'the above. One OPPONENT and one PROPONENT were present at tHe meeting. Two replies in FAVOR were received by flail. APPEAL Letter dated December 49 1990 from the Coconut Grove Civic Club. 91- 90 COCONUT GROVE CIVIC CLUB POST OFFICE BOX 381 c000N1VT OROvR. rLORIDA 33133 ,•u 13051 445-4559 "V December 4, 1990 Cesar Odio, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Odio, 'Jl Pursuant to Article 20, Section 2002, of Ordinance 11,000 as amended, we, the Coconut Grove Civic Club, hereby appeal the decision of the City of Miami Zoning Board on November 19, 1990 granting the variances through Resolution ZB 109-90 for the property located at 1917 Tigertail Avenue, lot 9, Block B, Biscayne Park Terrace (2-36) P.R.D.C. The applicant failed to prove that: 1. Special conditions and circumstances exist which are peculiar to the land involved. 2. The special conditions and circumstances do not result from the actions of the petitioner. 3. Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same Zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the applicant. 4. Granting the variance requested will not confer on the petitioner any special privilege that is denied by the zoning ordinance to other lands in the same zoning district. 5. The variance, if granted, is the minimum variance that will make possible the reasonable use of the land in question. 6. The grant of the variance will be in harmony with the general intent and purpose of the zoning ordinance. 91- 90 I appreciate you attention to this matter and look forvard to your response regarding, as soon as possible at the above address. Sincerely, Mary C. Weber President cc: Sergio Rodreiquez �.-' Gloria Fox, Hearing Boards Chief 41 'II �R ��v 91- 9Q I tt •e w rYA i 8 • • y wa T • / T y N• • 5 ` 77 c°�c K'4 Ir • • SAE p N Til. A• • . �.: , 2 � er�e� ins its N S i T • • to it i2 Is S K N T INS as at + 2 1 •• T • 0 q 11 ( 1 1• N � T 30 • E T• 2 I ESPANOLA O LY] s as $a a 7 4 C FFEE MARANATHA .ST• i = s ? • • to 13 �• 1• IT e s , :3 i li o, • * MACCY i ' TR it 1 PRO ' 6 • 2 t! = N tT 2 CJtYSTAL f '• ` ` '° IN IN 2 21. • M 3 ! 11 20 k I c 21 'E M p s Is • s 1• , I\ 0 '� • s s 63 � n IL to ILI x� • It is 3 to %! 1 •� �• • '! 1 lb dr • T0.00 fit • t ; 'SA • 10 •� 1 ; •• • t . ., • • r� �i.%0,0 5 rl p w - Co �� y t. yr 4 r ' ` } fir• qtt ' ,� ax � r/ ;r -LOT v. 's ^3 ; •,.` ' �'�'�t0,*, tscdi�.. e� 'gd " t -.•' ;l `;� €:M' • Y ia� `t ',-:.ki• n _i�3� �' t� ' a'�i�.t�-_•� �` R tt ••jj��e£__ �I►' • � VCR �y^�i• ta` �'�",', y� •' r•� a'} ,,p+!",el`'� y l.. •, ..rr+� t • � �..�{ a •� 1Y Y .q� ' •� ice' "Y y''�• ♦} r"•'r. ��� \1 � •4 ;�' `��lE. 151�•�f>� ! E X'. � J.a '.r yt-%��f •- R t,i.'�,�{� A..Y' �Y-'`.4A! ,rwZ .`A 1Y.+C. •.�' ��1� .R'.^�rl ':T' S .s > =.�`! � i : .fir •. � - 1. ,„ • � � :3•* _,�? '•s t- '` µ"' -Y 1 A'F d.i $: 'd73i w.• ,''i. /,... ' . _yam` 't j •..}},,.�,•,�7 7• r_�. i�C '},: Y; ��' .V �y: is ��.'�'• _T.., ��a�•i w.F"'. f. M f .... :J 4!M1 t/. ! fir. r .+L� •,.' �Tr. .+ 7. - w f :i-`e 'fit. ♦' .'� 'ec.' - � �"� �'• s+ w '� - '�'t � .. ~ •, b t rs' _ .3^! �` � yam/ l,;ti *, . , °'' Y ���•, . Y�.3" ,� ,ts'. to 16 ti" ♦> Y" r ' ff��{� fa er 1. •♦� 3yt�;'� -#� i .�_•'t',,. ��� If y, .,� Y•s�. - , e rbr ; iki,l� S Pt �'C..7 Y`r*. 'rl•: v ko �;' -` ! Y ' �. �„ . _ r., �• aft '� , y �a�az�" �t�'S� �'.'� +''9R f' •..'. t. � `.� •''fir Y . i�."�-'.� ..Rxl�a"�=~ • ,.t► . I �J n City of Miami Page 2 -. October 18, 1990 cars in a shelter away from the weather elements and possible theft and vandalism, particularly when he is out of town. 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. Car ports and garages are something of a common nature throughout this neighborhood and zoning district, and as such, provide rights commonly enjoyed by other properties in the same zoning district which are unavailable to this petitioner. Car ports are appropriate structures consistent with the types of residence in the neighborhood and zoning district. The applicant feels he is improving this property substantially and helping to enhance the neighborhood and zoning district by building an architecturally compatible permanent structure as opposed to a removable canvas type car port. Granting of this variance will only allow the petitioner to enjoy the rights commonly enjoyed by others throughout the neighborhood and zoning district. The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building or structure. There is no better alternative available to the applicant considering the pre-existing set back conditions, whereby he can provide a permanent car shelter on this property for his cars. The applicant feels that the area where the proposed structure will be located is already used as driveway/parking and the addition of a permanent car port will only cover the already designated and existing driveway/parking area. The granting 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 otherwise detrimental to the public welfare. The applicant is requesting a variance to build a car port/car shelter using good quality construction for his own personal residence. Due to the fact that this car port is proposed to be built inside the property/base building line and inside of a seven foot high coral rock wall across the front of the property, the applicant feels that this proposed car port/car shelter will not be seen from the street, become an eye sore, be a danger to the general public, be a traffic problem, or be a detriment to public welfare. In fact, applicant feels that this car port/car shelter structure can only enhance the neighborhood and zoning district. 91-- 90 c Octobpg 'KQ, ?l'950 City of Miami Building and Zoning Department 275 N.W. 2 Street Miami, Florida 33128 re: Lot 9, Block B, Subdivision: Biscayne Park Terrace, located at 1917 Tigertail Avenue Gentlemen: In support of this application, the applicant is prepared to offer the following evidence. Special conditions and circumstances exist which are peculiar to the land, structure and building involved and which are not applicable to other lands, structures and buildings in the same zoning district. The applicant recently purchased this home for his private residence. The building is situated on the property in a way which does not provide for sufficient frontal set back to accommodate any type of permanent car port or car shelter other than a removable canvas car shelter (zoning code section 2008.4). The location of the house and its main entrance make it impossible to provide for a permanent car port structure anywhere on the property except in the front. The special conditions and circumstances do not result from the action of the petitioner. When applicant purchased this property on October 18, 1989, the house was already built and even though the applicant is in process of putting on a master bedroom/bath addition and pool, these are being done at the rear of the property and are not near the proposed structure. The front set back from the property line/base building line was pre-existing at the time of purchase and the owner has done nothing to change that. Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardship on the petitioner. The zoning ordinance requires that a permanent car port have a minimum front set back of twenty feet and a side set back of five feet. The proposed structure can meet the five foot side set back requirement without any problem. However, it cannot meet the front set back since there is only 52.59 feet total distance from the property line/base building line and the front of the house. The proposed structure is approximately twenty feet deep and if it is situated as required by the zoning ordinance, this would leave approximately 12.59 feet between the house and the car port. This is not enough distance for cars to pull in or out. The applicant would suffer undue hardship if he were unable to house his 91-- 90 .... — 71 4 PETITION FOR VARIANCE Ftte. Number V4 3. A varfa ce is relamti n or the terms or the ardinatce where am* notion v M not be aantrary to the. public intrreat arMd wisere, owfnp to aarldtttons pedor to the PfQ1W9yand`not. the rear!' o/ nctWM of the oppticnnt,- liner ett/oreement a( ddt- or a -wand rezolt im unmessm and ursdu..hara ddP an the property. As usedla dft -� so - OHM df " aid- other apat- cc 7 `t .17 1QA11-jt hereby itian the- city of Miami Zoning- 8oaro or o varionee rom me terms at 'Zoning ordinance• of the' City of Mlanv; affecting property- located at / 9i 9 71 r Twit Vy4r.1ytr , Mioff*V as specified below. -- In support of this application, the following material is submitted with this appiicationc- 1 • Two coOes of a survey of the prrt apes pi ad by a State of Fiorida Registered.Las*Survewi . _)L2. Four eopies oft the site plan showing (as regviredi peapocty boundaries, etdslin1 W building ele wallow Of d- dim dimensions � em pcitatlons six Uclusof lot am (Wass i � bviwkq spoa�, UX roles, and -he #4 envelope. Y 3. Affidavits disdasing ownership of property covered by oppiication and disdasure of interest form (Forms 4-83 and 4"3, attach to opplication). ..�L4. Certified list of owner: of real estare within 375r rod sa from the outside boundaries of property covered by this application. (FWw 6-83 and attach to application.) S. At least two photographs that snow the entire property (land anJ Improvement 6. Other fy) 7. Fee of $ 4.' to apply toward the cast of processing, based of the followings (a) RS, RG.I (resi denti a 1 uses) $ 200. 00 (b) For penetration of Plane III by antennas and the like $500.00 W All other applications for each request vcriance $0.0 7 per sq.ft. of floor area of building(s) from the =%Manse minimum . $5 50.00 (d) Surcharge equai to applicable fee from (a)-(c) above, not to exceed $550.00; to bp refunded if there is no appeal. (City Code - Section 62-61) y 90 0 v ,MONNOW L The Variarmn a equWad is for relief front -the provisions of Section S,/O / of the City of Miami Zoning Ordkw m as foilown E `� _ ?aHA090VT 5TP—UCTvZF-, SF-T 13AeK to support of this application, the appileant is prepared to offer the folkwi avirierxe, an the point enuamuted at Su6saetioer 31=1 of the MY of NUorai Zoning Ordinance. xoW ?his =sdU abort cannot 6s acerpted for Zardng Board action onttis a/ thr_ tonowft sts ttsnrs are aautpWML .. (o) Smdd c=Wtloru and d exist which are peck r to the -I**. s! a, gar buiidnq involved and which are not appiiocbie to other la wki- sttnettares, or buildings in the same s�oning dtslMd M tha�h tttst. svidoKs _ to De profeed and = adcdtiona shut; if neaswryj .TUT�T- (b) The special conditions and circ rmtonc do not result from the actions of the petitioner in thats ((S FFE L E'rTE.4 OF _Z�J77CAJ7- • %i . Uteroi interpetation of the provaiom of .the toning ordinance wouid dear ve .� the appikx nt of rights cm=Twniy enja yed by other peopsrNet in the sm w zoning district under the teems- of the =rdngf ordinance and would work- unnecessan► and undue hardships an the rtitia" in ll�o�i f L F.'TTI5-4 0!= � VA jTi�T� (d) Granting the variance requested will not confer an the petitioner and► special pciviIs" that is denied by the Zoninq Ordinance to of w lands, buildinpj, or - struclures in the saw zaetinq district In that& (45og: L E-r-fE2 of znjr�-r) (e) The variance, if granted, is the mininwn va knm than will choke possible the. reasonable use of the iand, building, or slructvre in ttmm 91 90 s 07 (f) The grant of the varionce' will be in harrnarfy with the general intent one purpose• of the Zoning Otdirusm=4 and will not be -inj urims. to the neighborhood, or otherwise detrin enrol to tha public welfare. cs, ,Ti'1—�,-�ic Notre All domcmau4 reports, studs6 srNblts or sbarittad to the zanov Board shall be s ed�# STATE OF FLORIDA) SS: COUNTY OF DADE ) sore tnot DO 6 V* a11111111P %AUMGrtM answer to lion #It d)w*v that he has true and camiote; and (tf acting as petition an belolf of the owner. SWORN TO AND SUMCRIBED before no this day of MY COMMISSION EXPIRES: Form 1-83 tRftten or grgWc. material to be Narn!' 1 K l cKittL V ft Kcl\L[ I,_ beig d* sworn, deposes- and ,gent of Ow reel property d..crib i A in answers and that the own ore for *own"ae�*a hat outhorltp to axwA* this Q.- wic, tote of noo at Large army rwut STAR 0 nara a cmisua cxr. nor, 5.1m 91- 90 #"1 FFIDAVIT STATE OF F'LGFt= t, SS. COMM OF DADS Before me, the urnersigned autnority, this day personally appeared CM ttr"$ _ L7 . Li AN �l� wino bei^� oY rrs f+ rst duly sworn„ upon oath, deposes and says: I. That he is the owner, or the legal representative of the owner, submitting the acca.mriing application for a public hearing as required by Ordinance No. 9SOO of the Code of the City of Miami. Florida, effecting the real propem 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 permdssion for him to act in their behalf for the change or modification of a classification cr regulation of zmting as set out in the acccgpanying petition. 3. That the pages attached hereto and trade a part of this affidavit contain the Curmit names, min addresses, phone rashers and I egal descriptions for the real praperty which he is the owner or legal representative. 4. The facts -as mM ewmed in the application and doc=ems submitted in conjunction with this affidavit are true and correct. Fin Cher AMasr sayeth not. Sworn to and Subscribed before me this � day of laxF _19 9d My Co�rndssion E>Cp�.res:ry Pu01fSt16 br Florida "TOM I"On Expires Jan. 15, 1993 , 91- go OWNER'S LIST Owner' s .1ame R IamEL� • T�ANL�1 Mai 1 i no Address /q � rj 1:1 G — TR L ielepnone Nuaoer 19Sw9 — ?%OO Legal Description: Lor -7, VLecc (8 rseAVve ^-74AfC ?IAr bWK Z, JD/fGE %, Owner's Name Mailing Address Telephone Number Legal Description: owner `s Name Mailing Address . Telephone Number Legal Description: Any other real estate property owned .individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description (NONE I UM Street Address Street Address Legal Description Legal Description 91- . 90 /3 1. Legal description and street address of subject real property: Lod `$\ ock. -E), Bisc7vYe Qafk Texr 6Ce (2-1G) 1 cE) \ -j .o ar L Av ern `1 e. 2.-Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure at 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 all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Mich aeL �. - - Iky - \ oo°�d e- 1�� ate%►- � �', c.�a- 3 3133 1 3. Legal description and street address of any real property (a) owned by any party listed in answer to question i2, and (b) located within 375 feet of the subject real property. N o rn e, SATE OF FL ORMA ) SS: COMCY OF DARE ) says tsar: nd is cne 4ww�=) ( Attorney described in answer to question il, a: answers and that the same are true and c for owner) that he has authority to e form on behalf of the owner. L 11 being duly sworn, deposes and or Owner) of the real property Eeta athe ad the foregoing : and (if a as attorney this Dis of Ownership (SEAL) S*v ►Y TO AND before me th, day of a . r tab 1C• to Fl at L&m 40TAAY PUBLIC STATE Ur kLJOWJ 1 — W11' , �= MY COIMItSSIDN EXP. NOW. 5,1990 N (4 I ')U ,1(_ f V Cr:3O11 A 'THE � l rL2 MIAM1, FLORIDA The Zoning Board City of Miami Building & Zoning Department 275 N.W. 2nd Street P. 0. Box 330708 Miami, Florida 33233-0708 Gentlemen: - ASSOCIATION 3 3� 33 November 15, 1990 The Tigertail Association opposes the request for two variances with respect to a proposed four -car carport structure at 1917 Tigertail Avenue, Miami. These variances would allow a) a structure between the building line and the front property and b) allow the structure to have only a 3 1/2 ft. setback from the street side property line. The net lot area is 21,659 square feet and there is ample space on the property to permit a carport or carports for four cars without the requested variances. The applicant states that he purchased the property with the existing house existing in its present position and he therefore, could have foreseen the situation as regards locating carports that he might require. If the site did not meet his requirements he cannot claim hardship if the zoning ordinance does not permit his desires. It appears that none, let alone all of the six conditions that must be met to justify the issuance of a variance exist and this association therefore, requests that the variances be denied. Very truly yours, r THELMA ALTSHULER President The Tigertail Association 91- 90 a�• , ow..vE� 224.70' _ � m �m L 1V0SCAP4C, 80 'to't UNf.XR 35.97' \ #0 "� /4.7' �-9 •. r 4o'r EXISTING RESIDENCE '�3•gOr r°# \ C,�►, G <�� Qo ' 1917 TIGER TAIL.. AVE. /o.7' •,�It 70COCONUT GROVE. FLORIDA n .. 14, roe c117uT 169.10' vi SITE PLAN 1*:20'-0• \ 1� L,aC'K SL/5•D/J,'SIO14 LoT '7 /✓ , 7.. , .. n/ "t 0. /•+i^-v c �n /? r-, .+1 .-•.0 .^. r.w r. ..... ., ...., .