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HomeMy WebLinkAboutR-91-0326-91-307 4/25/91 RESOLUTION NO. J 1 - 326 A RESOLUTION, WITH ATTACHMENT(S), MODIFYING THE DECISION OF THE ZONING BOARD IN MODIFYING AS PER SECTION 3006 OF ZONING ORDINANCE NO. 9500, AS AMENDED, THE DECISION OF THE ZONING ADMINISTRATOR RENDERED BY HIS LETTER DATED AUGUST 1, 1990, REGARDING LANDSCAPE REQUIREMENTS FOR THE LIVE OAK CONVALESCENT HOME FOR THE PROPERTY LOCATED AT 2500 NORTHWEST 22 AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS ALL OF TRACT A AND TRACT B LESS SOUTH 170'. ZIPES SUBDIVISION, AS RECORDED IN PLAT BOOK 78 AT PAGE 54, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BY ACCEPTING THE LANDSCAPE PLAN BEARING THE DESIGNATION "NAGYMIHALY PROPERTIES PLAN OF SASAKI ASSOCIATES, INC., OF NOVEMBER 1, 1990" AS MODIFIED BY THE AGREEMENT DATED APRIL 25, 1991 EXECUTED ON BEHALF OF DADE COUNTY AND VERONICA NAGYMIHALY ATTACHED HERETO AS EXHIBIT "A", AND FURTHER SUBJECT TO EXECUTION BY VERONICA NAGYMIHALY OF THE VOLUNTARY DISMISSALS WITH PREJUDICE OF PENDING LAW SUITS, ATTACHED HERETO AS EXHIBITS "B" AND "C"; AND FURTHER SUBJECT TO EXECUTION OF THE GENERAL RELEASE OF ALL CLAIMS AGAINST THE CITY, ATTACHED HERETO AS EXHIBIT "D". WHEREAS, the Miami Zoning Board at its meeting of October 15, 1990, Item No. 12, adopted Resolution ZB 93-90 by seven to one (7-1) vote, approving with modifications the appeal which was duly before the Board; and WHEREAS, Dade County took an appeal to the City Commission from the Zoning Board's decision; and WHEREAS, on January 24, 1991, the City Commission adopted Resolution No. 91-78, which affirmed the decision of the Zoning Board, with modifications; and WHEREAS, upon adoption of Resolution No. 91-319, adopted this date, reconsidering said Resolution No. 91-78 it is now appropriate to consider the herein Resolution; and WHEREAS, the City Commission after careful consideration of this matter, and subject to the conditions set forth herein, finds that it would be in the best interest of the public to modify the decision of the Zoning Board as set forth herein and subject to the conditions as set forth herein; womm, 0-1 G Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this 4 Section. Section 2. The the decision of the Zoning Board to modify, as per Section 3006 of Zoning Ordinance No. 95000, as t amended, the decision of the Zoning Administrator rendered in his ' letter dated August 1, 1990, regarding landscape requirements for the Live Oak Convalescent Home for the property located at 2500 Northwest 22 Avenue, Miami, Florida, also described as all of Tract A and Tract B less South 170', ZIPES SUBDIVISION, as recorded in Plat Book 78 at Page 54, of the Public Records of Dade County, Florida, is hereby denied and the decision of the Zoning Board is affirmed, by accepting as the approved landscape plan, that landscape plan bearing the designation "Nagymihaly - Properties Plan of Sasaki Associates, Inc. of November 1, 1990" as modified by the agreement dated April 25, 1991, executed on behalf of Dade County and Veronica Nagymihaly, attached hereto to Exhibit "A", and further subject to execution by Veronica Nagymihaly of the voluntary dismissals with prejudice of pending 4, law suits, attached hereto as Exhibits "B" and "C", and further subject to execution of the general release of all claims against the City, attached hereto as Exhibit "D". Section 3. This Resolution shall become effective'; immediately upon its adoption. PASSED AND ADOPTED this 25th day of it 1 1991. r -- XAVIER L. SU REZ, MAYOR ATT 5 MAT HIRAI r CITY CLERK r �e R T .. i PASPARED AND APPROVEf) by �' � rr { � AAA, Kry G. MIRIAM MAER f CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JCPtGE L. C MY ATTORN M212 6 H '1" ..... S o I Tr A 19 Ni f Gay + ' A44' •` 1 .010 ,l ol � y/J EXHIBIT "A". IN THE CtRCLItT COURT OF 'PRO SLSVENTH JUDICIAL CIRCUIT IN AND FOR DADS COUNTY, FLORIDA GFORAL JURMICTION DIVISION CASE NO. 01-08474 (CA 21) VERONICA NAGYMIIIALY, Petitioner, 4; ve. STIPULATION AND OADSLt . Oh DISMISSAL WITH PRNJUOM JOSEPH GBNUARht, in his capacity as Zoning Administrator, Building and Zoning Department of the City of Miami, a municipal corporation, Respondent. STIPULATION OF DISMISSAL The Parties hereto, by and through their undersigned attorneys, show the Court that all matters and things in controversy between them in this action, including costs, have been amicably settled and move that the Respondents, JOSEPH - GENUARDI and the CITY OF MIAMI be dismissed with prejudice to Petitioner. DATED: DATED: NORMAN MALINSKI, ESQ. JORGE L. FERNANDEZ, City Atty. Attorney for Petitioner WARREN BITTNER, Asst. City Atty.: 1010 City National Bank Bldg. Attorney for Respondents 25 West Flagler Street 1100 AmeriFirst Building Miami, Florida 33130 One S.R. Third Avenue PH: (305) 371-6060 Miami, Florida 33131 PH: (305) 579-6700 _ r vt� g By: By: NORMAN MAhINSKI, ESQ. WARREN BITTNER } Attorney for Petitioner Assistant City Attorney STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE 91- 3 1 EXHIBIT "B" rs t VERONICA NAGYMIHALY, Plaintiff, VS• METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, and CITY OF MIAMI, a municipality of the State of Plorida, Defendants. IN THE CIRCUIT COURT OF THE ELSVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA A. GENERAL JURISDICTION DIVISYOn CASE NO. 90-r06866 (CA 03 ) r:7 STIPULATION AND ORDER OF DISMISSAL _WITH PREJUDICE T, x { STIPULATION OF DISMISSAL The Plaintiff and the Defendant, CITY OF MIAMI, by and through their undersigned attorneys, show the Court that all matters and things in controversy in this action, including costs, have been amicably settled and move that the Defendant, CITY OF MIAMI, be dismissed with prejudice to Plaintiff. DATED: i NORMAN MALINSKI, ESQ. Attorney for Plaintiff 1010 City National Bank Bldg. ! 25 west Flagler Street ,4 Miami, Florida 33130 PH: (305) 371-6060 By: NORMAN MALINSKI, ESQ. Attorney for Plaintiff STIPULATION AND ORDER OF DISMISSAL WITR PREJUDICE { 91 3_> EXHIBIT " C" `.. _ ,.. CASE 9046666. MCA As) - ORDER OS` DISMtSSAi, WITH PRRJUDICE THIS' CAUSE coming on upon the foregoing Stipulation and the Court tieing fully advised in the premises, it is ORDERED AND AD30DGRO that the Defendant, CITY OF MIAMI r is hereby dismissed with prejudice, each party to bear its own costs and attorney's fees. DONE AND ORDEREn in Chambera at Miami, Dade County, Florida this day of , 1991. CIRCUIT COURT JUDGE Copies furnished to: Norman Malinski, Psq. Daniel A. Weiss, Asst. County Attorney Warren Bittner, Asst. City Attorney M792/WB/rcl GLNERAG RELEASE 4, THIS INDBNTURS WITNESSETH that in consideration of the City of Miami Commission's: (1) adoption of Resolution 91-319 to reconsider Resolution No. 91-78; and (2) adoption of Resolution No. 91-326 [accepting the landscape plan designated "Nagymihaly Properties Plan of Sasaki Associates, Inc., of November 1, 1990", subject to the modification of said plan as per the written agreement reached between METROPOLITAN DADE COUNTY and VERONICA NAGYMIHALY, dated April 25, 1991 (attached as an Exhibit to Resolution No. 91-326)), concerning the landscaping and mitigation plan for the property located at 2500 N.W. 22nd Avenue (Legal Description: All of Tract A and Tract B less S 170' ZIPHS SUB (78•-54) P.R.n.C.), Dade County, Miami, Florida, also known as the Dade County Human Resources Center, To, VERONICA NAGYMIHALY, release and forever discharge the CITY OF MIAMI, its agents, servants, and employees, and any other person, firm or corporation, charged or chargeable with responsibility or liability, their respective heirs, representatives and assigns, from any and all claims, demandar actions and causes of action, whether in the nature of subrogation or otherwise, arising from any act or occurrence up to the present time, and particularly on account of all damages, expenses, costs, loss of services, loss of tax benefits, deprivation of due process or any other civil rights, loss of use, loss of rent, deterioration of view, aesthetic injury, personal injury, disability, property damage, loss, damage or deprivation of any kind already sustained or that may hereafter be sustained, including reputation or civil rights, in consequence of � CITY OF MIAMI action, whether legislative, administrative or otherwise, arising out of the Zoning Approval, granting of a Special Exception, issuance of building permits, issuance of temporary, partial, final or permanent certificates of occupancy (or certificates of use) on the property located at 2500 N.N. 22nd Avenue (Legal Description: All of Tract A and Tract B less S 170' ZIPFS SUB (78-54) P.R.D.C.), Dade County, Miami, Florida (hereinafter "the incident"), and as a partial consequence of which suit was filed in the Circuit Court of the llth Judicial Circuit, Case Nos. 90-06866 (CA 03) and 91-08474 (CA 21) . To procure the said consideration, I hereby declare that I am more than 18 years of age; that no representations about the nature and extent of said injuries, disabilities or damages made by any attorney or agent of any party, hereby released, nor any representations regarding the nature and extent of any legal liability or financial responsibility of any of the parties hereby released, have induced us to execute this general release; that in determining to give this release, there has been taken into consideration not only the ascertained injuries, disabilities and damages, but also the possibility that the injuries, losses or damages sustained may be permanent and progressive, and recovery, if any, therefrom uncertain and indefinite, so that consequences not now anticipated may result from the said incident. I hereby agree that, as a further consideration and inducement for this general release, this release shall apply to all unknown and unanticipated injuries and damages resulting from Said incident, casualty or event, as well as to those new disclosed. I understand that the party and/or parties hereby released admit no liability of any sort by reason of said incident and that this settlement in compromise is made to terminate further controversy respecting all claims for damages that 1 have heretofore asserted or that we or our personal representatives might or could hereafter assert because of the said incident. SIGNHD AND SBALM this day of , 1991. WITNESSED BY: VERONICA NAGYMIHALY STATE OF FLORIDA) COUNTY OF DADE ) ss: On this day of , 1991, before me, personally appeared VERONICA NAGYMIHALY,. to me known to be the persons who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. Notary Public, State of Florida"t My Commission Expires: M790/WB/sls cl sa WA" MAy Nor gxcR¢D 30"' to V�StoJ 't0.tlt'�d�E Sis�kf �st�t . ,.. ws:css.yca�arsaikoti�.aW' 'i; lst�kf Alsurii�it�t,.11� ; t IS TING WILDING -I kj%fjmG DICORATIVt WAIL. i 3 tom. MICHANICAt— i Pe�TIsJ of / F1 Htw DlCOR AtIVI %All _�_ W DICOWIVI WAIL TO MATCH. IRISTING rr . TONIMATCHIXISTWG 1 Ylviur�i►N ►w•1: uUu 1 1 _t4 AYNwwI riiW lnuiw •rrWl .•IIN. .. El. I ..t I All as ` by EcWca�IL JT^ �tGeAATI '}G•..4r Lim"• ��•�r_ Z 1 N 1 ly PARKING 11 S►ACIS i 2 - fir. - • TrJ ,�,PROPERT . .. .. - -�— OKoeAnvl MAS4 NARY WALL WITH i ARCMTH:Tl1RAl !!MC'I ON TOr GTTY t#r.AYAM NAGTMIHAItf PROPERTY - ZON+rT' A1'*S13y}�! • RtCi1AMluDAIi� wdl 1 /•il♦ 1p M ItKMIDt•r M�Q1w/Ut mine" n trot `i.rrr tr.�t Submitted into the�5 public k ' recoxd in cancctio ith z ��/ item--s r ca ZS Malty 'rcu" 91 3 2� . City Clerk F s . r, ���'',,_ ., µ„ ,+. Tw.S"r5"k`rcY^^.rt k¢•k ;n.:uAl ,. i*iNI SUILDINC ! 1 1XIStING D(CORAtivt WAIL ul WWI Poailrt It, A1EcfIANIcAr- v�►4L4 Laas.. `PiEW bjjta lAPWE WAtI fifl'MAPCft EXISPfNG 1 V�.i , i___� -KW DICORAtIV11 WAIL �/ Ijy�fill Vk f+i 6�Li/ IIIa.A 1 . IO PAMCM tXISTWG '_11Y1\IlwfMl IIiVJf♦V•111YNii1ai11N1:.. ACT-ti \I�Id 11 E r�bf tful " At. fi4t 111 I z PARKING 11 SIAC[S I M 17 ..' sj♦ /. 1 �1�Jit: •• •�.1►� f • t Ml fl Mml►111)lie MRI.+IMI�I •_ +�i�. t�" . ' � ( • 1 I � I�� i IIuf11t 11 NII •u11W < �. a --,�li1l:lfta10! ... Irt11/G fIWf f+011 .. ♦ _ I PA RKING 33 SPACES OAKS I RAIV rwl+r 3i' MIM. NT.K• ININ CAl i ... .. .. MEOG[ NAGYMMALY { - bade County is willing to accept the November i, 1990 Sasaki plan, subject to the following modifications: (1) true to existing sewer lines and manhole covers not shown on Sasaki plan, modify Sasaki plan at southeast corner of existing building as follows: U •+ " (a) reduce "jog" in decorative masonry wall from 31 to p 0 � approximate) 2' y (depicted in ye��v) , and o rt u (b) extend decorative masonry wall approximately 19�r� si { 3- in westerly direction (depicted in blue), in lieu � '� of offset extension of wall (as depicted by 450 v slash marks) ; and (c) relocate 2 gumbo limbo trees to south of wall as extended. (2) Due to inadequacy of access by forklift to mechanical area at southeast corner of existing building, modify Sasaki plan to provide for gate at southeast corner of mechanical enclosure. (3) Due to location of and desire to preserve existing oak (4) ZONING i ■ , REQUEST' t RECOMMENDATIONS PLANNING, BUILDING AND ZONING y ZONING ADMINISTRATOR s!> PUBIC WORKS No comment. s DADE COUNTY TRAFFIC AND TRANSPORTATION No comment. f 3G BOARD ZON7 1990 At its meeting of October 15, , the .Zoning Board adopted Resolution ZB,92-90,- by a vote of 7-1 denying the above appeal. Eight OPPONENTS were present at. the meeting, and three VENTS were present. ' CITY COMMISSION At its meeting of December 6, 1,990,.;the =' -. City.Commission 174ontinued the above. At its meeting of January, 24, 1991,.the'Uty' ; Cosmission granted the .appeal, as modified-.: _ f 3t^4Y-•1 1 of March 28, 1991, the City, a At its meeting Cosstission required this it= be brought back s. for reconsideration. X£�trju d (- w. ^. — y , C i t• :o r• re 21, `• iR zs . ° ' 1 . IL "sus��. vV. N.W.all cot ° 11 ' b 2 A 11 >ro ao • Is 1 to - ; o : • I. -Is 1♦ �� .• ... seat to ST• 29 GIs• •� � N t :• � tS _ram r 1 t► � t• •- t• 1 t>t • t 1 • i I Zi L j�• 2 to N 2 t1 + N` s 1 Its a t! • • 2 N.W. Is 2 43 It 0 it to Ail 1 r �' ' ' • t • • 'tl IL 11 14 M 161151 la i to , 1 r` P 3 _�► • .w • �. • T71 • Jl ►'� ' t S ,a �► � � 1�� •1 ll l h t - .. . P: Z 014 GIG Ar.- Is t ? ' • e l t3 it a • �.. 3 ... - •• •,.•test• • • • • M • w • w a •fs •• _ • =at.'t 11 s •+e f ilf • >i i�1 n l• A� tl) 1f .TR. 1 • f +• 1 11 l SEA t• a re r. • < T R 1• , g . •• `y ,.:o� s( u}t t. • fit• N W. : • 2� N tr t to 1 � ! r. r a f j IfIssl/T I •• - T 11 k, �. • , 1 1 1 • ! d ' It i • 1 1 i I 1 >l 1 1 • R, ,• or — . n 91 326 of i! 2• I! i t Joe 0 4 E S . , 1 i { t b y ;NTER-OFFICS :1ENI0AANDU?41 -- Gloria Fox =SATE September 14t 1990 =.F Chief, Hearing Boards Division Building & Zoning Departmen SUBJECT Nagymihaly vs. City Case No. 90-06866 (03) Warren BLttner Assistant Cit ttorney ENCLOSURES This will confirm the Law Department's recommendation that all matters referenced on Mr. Anthony J. O'Donnell's letter dated =' August 13, 1990, on behalf of Appellant, Veronica Nagymihaly, - d/b/a Nagymihaly Properties, be advertised and placed together on the agenda for consideration by the Zoning Board. Although. the. Appellant's Notice of Appeal dated May 2, 1989, referenced in the August 13, 1990 letter, may have been untimely and may, not be a proper topic for appeal, it is our recommendation` at this juncture that the Zoning Board make those determinations. Of course, the Appellant, if she is aggr.ieved`by s the ultimate decision of the Zoning Board, may then appeal'to the City Commission to further exhaust her administrative remedies. Consequently, you have assured us that, if the matters noticed to be heard at the meeting scheduled on September 17, 1990? are ME = deferred until October 1S, 1990t this will allow sufficient time for notice to be sent to all.interested parties on the remainder ` of the items Appellant wishes to be heard. - e Should you have any questions regarding the above, please do not : hesitate to contact us. _ z _ ., -_ NB/sl s/P 49 3 x' Ns 4i f _-pa,b3 T t k 'may} tire- , a L tr?--1i3•-''?�2 WED 13:08 L.AW DEPT P. iaa✓�i� CITY OF MIAMI. FLOR10A �.. - INTER -OFFICE MEMORANDUM sear H. Odic :A*I June at 1999 442A•e9.426 ity Manager SuMer Appeal by Anthony d� -•�• OlDonnel1, Jr. a E8q 2500 N.W.:22od Aven e ' ! =oM o e G re minder. Your Memo of S/J% 9 •' RVIERENCES ity Attorn y. ' A • sr�osu��s . ' You have requested a legal opinion on the f4klowrng question: 11RMZR A WRITTEN R88PON8B TO A QUERY I8 APPRALASLE M08l1 SAID R88PON82 DOES NOT Cottral f AN IM MRPRBTATI08 OR DBCISIOM � BUT OWLT CCKtPX MS PRIOR OE'Y'aRMINATION8 WRENS TIME FOR APPEAL HAS ALREADY BXPIRBD. fi The 4nawer to the question is in the NEQATXVL. A review Of Mr. O'oonnell's letters of February 22, 1959, March 8, 1989, and March 13, 1,989, copies of which are Attached hereto as Attachments "A," "B" and "C," together with ypur vesponse of April 17, 1989, Attachment "Dg," •hereto ("your 5 letter"), leads this Office to conclude that. you did . not make An . "interpretation• or "decision" of an appealable nature' in asid` K >te ponce. Ordinance• 9500, the zoning Ordinance of the City +o>" e; Miami, Pla: ('!Zoning,Ordinance"), provides that: Appeals to the zoning board may be taken by ## y1 - any person aggrieved or by any officer, z<3Y board, or agency*of the city affected bys _ (1) Any decision. of the zoning t admtniatra or, ncluding but not f= limited to decisions involving. ante rstation of " "the zoning ord neAce an decisions on Class A or class 9 apecial permit*# %oning Ordinance for the City of Miami, plA., $2000. (Nmph&06 ,� 'R' pY FC fi„ y a x ' 4 y MINE 6 tiI TO 11 �ill�-Qib Web 1�09 W D PY s Cesar H. Odio June City Managsr Page 2 f ! -Gomm I The operative words in section 3000 are :and - "interpretation." "interpretation" --is not defined in the Zoning brdinance, but has been defined as: The art or process of discovering and ascertaining the meaning of a statute, will, contract, or other written document. The discovery and representation of the I tru4,_ meaning of any signs 'used"Vo 'convey idias. PtIACIt•,3 LAW DICTIONARY 734 Sth ode 1979). It .has alsotree» defined as an -"explanation of what is not itamediatelyy plain'. or explicit." WEBSTER'S THIRD NEW INTERNkTIONAL DICTICNARY`'1163 Although llorida courts apparently have not construed the word"interpretation,"_ other jurisdiotiona:have Veryearly.on, it.was defined ant The art of finding out the true' sense Q! `any :. form of Horde --that is, the sense which.their:` author 'intended to convey --and enabling" x,', others to derive trctn theta the acme . i'dea which the author intended'to convey. r • ills a of -Rdte' v. 1tnox' N.Y., 14 How. Pisa*', 268, also tro s 'Estate P. , 139 Cal. 87:` More roe sly,' , , ,ou s ans Court held that "interpretation" ' is tha art or r+nob s k am of discovering and expounding ;'the meaning of a `stat_vta w gther wtsittare document, Auth'etttent "v: Davi6son, `366 Olt jLa App, 1978). . A reviow, of your letter tails to revea), anyth,in9 ris 9. •t i f the laver of an "interpretation.' Your Statements K4re ""jeer pp1 ieations ot the law $ not later Totations'. 0 e i e ,-, a kr; Aaclnas i e. v, Board of Li or Contr 1, 204' 0� 2d .. PP' urt er severe o cur COM ents ' "to ' TV lnconclosive And indialstod that v`Iiigations. dontinuirig iIt i IV) ruturo deterrainatio' no Oft th4 . a s►' ' spesi f)ed inconclusive matte ms at th�►e t�m�, �eai�,�Y ►.� � F :: apnea#able ` interpcetatione but mire not ap ealsble ` in ; th t' . present statee � M Of equal import to the Mattes of whether �►ur 440309�w ass,pOnf* cOntBined 'doetslonA•e A odOCis d4termination array*d &t &gto ! MI�I� d on facts 'r an yyr§a 9, r P f� E71Yx Stir i i i i jl ! i c T 1 o ♦.-e#0 WEST i slog L.AW DEPT ✓�'� esac H. Odic, June 8� 1.9l19 Page 3 �Jty Manager _ .• L- 1ega1 text, law." Bi,ACKIS LAW DICTIONARY 366 (Sty ed. 1979). This office previously opined t"L- decisions candered by th• '� toning Administrator in approving building permits are sub�eat to the 1�-day appeal period from the date of the permit's issuance. City of Miami, llorida, op. City Att'y, MIA-89-090 (February 21• low Additionally, Resolution ZS 20-88, on lebruaYy Z2, 1986, granted a special exception and iipproved the. plans �lor, ...tK• j construction of rthe nursing, home complained of by.Mr. 0 chnahh. ,the time for an appeal Of ZB 20-88 expired more than,a:year ago, March a, 1l88. Zoning ordinance for the City of Miami, Florida, -i Y $3201<. 1 � tit :I � Plans, Yn' reviewing and approving the very 0 condition precedent to issuing building permit N0. 89-#.eS on -�` Zanuary 9, 19t9 the zoning administrator neoeesarilY had to Make a -decision as to whether, the plans, including = setbacks,_ .eowpLiaa'{L =( with Zoning -..Ordinance requirements. ZoningOrdinance of the City, *>} Of Miami# . Florida, SS - 3402 and 3402 1. Section 1,404 of thm, x;= toning Ordinance provides that building p ermita'authorized by,the lane and ppliCations, 4 ' - zoning administrator, on the basis of p authorize, only that use, arrangement and construction eet forth. ¢ in the approved plans and applications. Consequently, question of approved plans thereafter involves intecpretationn and decisions already made during the permit approval stage. -• Accordingly• the decisions relating to building eYMits issued on k January 9, 1999 should have been appealed by January_24: 1989.. 4 coning Ordinance for the City, of Miami, Florida, $3001. Until judicially or legislatively determined otherwISOP it in the opinion of this office that your letter t0 - 010pnnell, dr.. 6tq., did not Contain 460J$ione s, - _I inkerpr•tatio ns of an appealable nature. Thus, Mr. o'Oo1#t1e�7. S " - attempt appeal your letter is invalid and the 900 9 "01 h is without jurisdiction to hear it. Further, he raised by Mir. O'Donnell, independent or the semantiQe �Ratt��r, are .not proper subjects Of revieW by the Zoning Ooa�r+� 9►t' �� r 757 � 3 s _ Y h _ e M WED ISO. 10 L.Aw DEPT i AO"MN, SENT IIT 8 EIDSON N'1.Ol�t�llti3 /1i' LAW one ommm& vam�, wr O%Amm no. SM M R& reola =mass PUBM i 1Mr•66" • WM •er�eers Ya�.�ern�«• Mir L- i, P� rr �•Y. i �. �s Tom. i • tee WED is i i L.Aw DEPT + i - . s• Mr• Josepis c�uasdi p.br"VY 22, • l989 page a „nr T . Tnvsi id ttetiey Prior to the Zoning Boars public with publishbd notice aI'd also Gars nvfa%ft-•--�--T- ovnors wittily, 37s loot o!` the- bite. Hovavdsi _ hasa "A41 eal.�d. " I stated only that a special exaeption was bainq 'r* kl an addition to the exist �•,•••ing homt. �Liva Oak COt u Homan " T! notices tailed to 'MMtior that the a�tiatittq. M hone" is presently providing ditiq grid alcohol rahabl1! services. -as wail as cl Aic-type services on se outpati b • tits proposed addition would also bi use _ and that sorviQa�++ .a rehab llitation canter and clinic, pr4v dsn4 - outpatidnt : bee#s. a►a suaM, ttu notieos very mislaedi4• zit. ,order to be legally sn!lla�sest, not as '-to X and property ovnas� Must adaquataly. Set. lo'w�tiat proposed.. Morsover, the ` actual - Cha*o appr d must• ,> ohaa9�s. iss the notiad. y substantially to: the proposed•� Gant . rugardirq tbd propoaad alsWp so Kotsq�Dada's . tailed to is►lorm• the :alteat. pse+Opa=tY C"ers-6ss• to CtiMt ehatules ,which Were aatoiliy to axpa d. thy.• pr e"t hrp _ ttie pr+opas'ty. J1s a result, the rssolutiOn gr�tirlq . lhs excaptioft baaad upon this notice is invalid. Tnrther, no noties waa•. ever Saatvgd` by' 'q'a77 # Kagyotihaly, the property owner moat subatabtiall atte Y "Ilan" change atsd' most iiksly to. contest Raq"Lb&ILYL not only owns:. the property imhad atoly Metro•�lada! d, property, but also owns other property Cast of Metro-m0ad41's property. T=..` _ WO -,have bear•. advisee-tAat• Ss: 03tiltiAq» " Kstro•10a"f 8 pspportly , i� p�Cssatt3►y. 104"I � tsl ' ed; ► - prod * adtpat3.ant s*►iaw. '` the` alibia h �letine4►su#tobli� CO ovrnbt. <wtiQ . Are admitted fora3gitttifk11 +za Naleaqt►t s tide bt atPb toixlosto i►tat _ x �3 �j 1, G T - 1 i0.-•?0 WED 1 3 1 1 Law DEP'T P b6�.?.!•t d, oet�, -3 Ganuardi P"rUaqaA Y 22 •. 1989 Md!=o or . th s propsr'CY is sonad RG-3 General. A �lhiah ailwe !or the m�►iszananca- o! nursiss �idsat: by spacial exception. �'h• coda e�elinrs Q 4ara �soilitiasrer vhiCh Pt+ovidas maintanaaQe, horsing hone ad a ia4tli soot _ Persmal earn or : nurg,tzq Picts the saiatananaa o! a clinic This iov dlinitioa� do e outpatient: basis. �►aoordi 1 P9 aerviiot� Qiihic on the Y• l�at2•o•pada ma pope Y unda� Y. not u# Proposed expansion be us cd .+�+ a Prsssnt z+aniaq. N'et►•tt °,F: F • ��� :we havo also b ` Hoes has been o eratinq 3nloras •t„pat tea. Live Oak-—� " •` P for oar. = tation lacilit tams as an alogb4i y Rui_ drug ftI.W lstatl0n ire not ' C1aCi�tisd #' sae oar a� n'ar'1Aq how but ,rateiar nth. inolodsd '! dity .Z F , �. the :.da . < r n1yPb1i► comity base rsaidaot Vndsr the x 20aa, o P&CLal a PttaA iai.: �aoil t ,a t ZOnl bPeoial � •�7 „. - �mpton Tlsis . p :..,, . for ha 'ORb 'CY vas. n , 4-, r sidentlaL taoility nor vas. tsar" o! t114, rtim ; t4' taoilit � as• a � •�' !'!d�rx.�- :. Pra4sat - Y• �toAall � lair laoil-ttY vould Mae% Y� it is ,doubt= r. s y, ragttirsobots` for a oomsynit F `� location stands In se�i�. Y b,, , 203� o! rased .r. xt¢ rahabilstation aot, the 'Zoning 0 lbatnab;�tial..,tao#'li so niA es a • qt' nor ma �►Y not bar wa • b; - ��� Y: the ntaimad, w � "assd to Proposed. a W#dbr s�rvlass pro lni`o or Vision #r ' ba. "htstt :�yr • cl a ,t .. ssaq' and, "aide reh - a bulidinq Per31� ion o!the tq issued t p� i i of �a d oft oe�►r tp�,►+. r ,pe Y#►+ >� " �` ` a: ad=oia , the prop! ' t�►i, eP i'aIai g care facility ; � Mi'rh- t* ' Ala � ,. such was" It identand illsd _ . tq► all JARM- 1101e the Zm otiQb:` Ni k �. = ietsly* 9 rd,�,n - tad �►� r, 0 � l OCT— 1 0—`30 WED 1 3: 1 2 LAW DEPT Mr. Joseph Oanua"i Febsuary aa,, i9ss page 4 Even if the nurs nq,.care facility is classic residential operation under. i4- .and 'Ra-3. the,pe nonethelass in violation of tha setback requireaents.of s, Zoning Ordinance which requires that hitflAtmors was 4amwi.4 a 1 0%4 %A eat %agate AID 1.anst . !'!fl" ergs rev line, The permits issu" to . MetrQ Dade ass allowing construction within live (s) lset from the rear Dade's property. under the ordiaanca•■ own detinitions; of a lot. sba", be construed as the shortest . boVMdasy ad the arrest. Accordinglyp the front of Metro Dads•s lot Bids of the: lot lacing Northwst 2Gth Street. AS a M.06- of the properay is that aide of the property contiquoti Nagysihaly. property. At the very minimum, them the should 1, only permit construction -within tea (10) 041 vitbi�t vi O. sync• the peratts are permitting, cone (5) toet, they are:. in violation ct ` tw ot'diaane -,and should be revoked. and.. eorreoted imasdictal� TV, R612=1aft At Existifta ells Baal ly, Metro+ -Dade rapresent`d.. to the zaniw: b existingvaluable oak tre"t on . the - site would bh reU indicated on it= plans. However, ' the tress ex:Latinq on- are .huge oak tress which normally cannot be ;sloaated. we understand that several of the tress have bssn� desi _ — Motro•Dade. The destruction of tbass trees is dstrtm a .community and to the NaMMIhaly property, and ahoc I pa�itted., As out forth above, the present use 09 Hit = P='apsrty and intended use at thm. ---ion violate nisei• • Zoninq Ordi�naness.• T" • ex st#�nq Y#.eiotow, I which will occur in the Suture are adverse& �► �► Ka iha y• and are- _intarterUVz with - tie btiefisie i en •y ' of the Magynthal y pr4py. Tiorteloro * ` tbu* M � �os�pb Gantisrdi r 22 V lost vice 5 WE-D i nA-W'a6M=- n4LWV# &ACI* loaquin AvIric DL&na Gonzales ■ • 4 .i ,.- T— 1 0— nE+ W E V 1- . 1 e L-I-+1.! L,EF T 1' � ice_ = 1 ►� — ' ►, W E rl 1 1 e L r, tJ LI E F' 7 YT .. '1'0-•`1a WED 1 :3 1 fS LAtW DEPT Lip ii`F•. EDITH M• FU[NTU Dtttee� ' April 17, 1989 , Anthony J. O'Donnell• Jr., E34. Akermaln. Senterfltt & Eidson - dO1 B i keli Avenue ra . Miami, Florida 33131 Ae: Addition at 2500 H-W• 22 Avenue Zoning District A6-315 Complaint: Issuance of Building Permit No. 89.185,• Rear Mr. O'Donnell: . s in reply to _ our letters of February 229 March Nar�tt 113. tg8g� Y I apologize for the delay in responding to... . gut as you are aware. -from our phone eonversatiQns, Z haves b a Looking into each of your clientts coneerna'. Followings• �• responses do each of the issues addressed in your letters:• '', j5s� Netter February 22. 1989 to Invalid Notice I have had the -personnel of the Hearing Boards 41e0100- eheolc these records` and find that notice of the hesrin�• for a= apeoial exception was sent - to owner'- of rgoord. o a property at 2201 N.W. 23 Streets Mr. Caspar Nagyoihaly, and address of record 2520 S. Miami Avenue, Miami* Florida, in a000rdanae-with Section 62-55(3)• 4 Aiso• aaaor0anoe with the City Code Section 62-55( to en4,;�2�.` signs were posted and notice published in the' Hers >z s �1_ I2. Improper Use A zoning l.nspector visited the site and found Ito., medical. clinic operating at the subject faelity•,; The application for Special 8xoeptior was, for ate. addition to a nursing home, . which to the major Use O p J, the existing 'building. They hard proposed < us�tng th$ AddiRian for nurs�t>Ag hose use • •nd s000r4lho to t84"'•., zoning, Boord Is approval said a04tlon Will h4vd used exoiusiv�tly ss a nursingholpe aPt4r it is cut•. } .► ,,. T`z : r - Akermang 4enterfitt & Eidson April 17, 19&9 Paula, Rd t -- 2S00 N.V • 22 Avenue ' One of the wings of the building is presently being* used for alaonol and drug rehabilitation. This, under, our present City of 'Hfami Zoning ordinance 9500% as. Amended, would be classified as a CBRF• However, we - have reonrda indicating that the alcohol rehabilitpClon- or detaxification facility has been in operation since 1973 • The City of Miami had no requirement for this type of use until ordinance •9304 was adopted by, the= City Commission in 1981. Therefore. the Rxis•ting alcohol rehabilitation facility is permitted and* may continue to be operated. .We are further investigating the drug rehabilitation facility to determine wnetherg in-,faot, as the Dade• County personnel have informe4 us this program has dean* 1A operation since 1974• If this is verifted then the•• . use would he legal nonconforming. 1 will keep you informe4 on this item.`'•, •, III. Violation of Setback Requirements The at in question is a double frontage 14t whicha.x, • no rear lot line, only a side lot lines ` The re4u1ra07. side yard according to the City of Miami Zon 1— 09r ordinance 9500,'as amended', page 2 of b of the schedule - Orr District Regulation is five (5) feet. The nursa g' home use ` is not on* of the uses listed as requiring fa ' twenty (20) feet setback and is not similar to thovey,:` listed• , IY. Relocation of Existing Oak Trees Thirteen oak trees are to be transplanted according LQs• *»• �,��i approved` plans. An inspection by the toning inepeo+o1~""* did not reveal damage to these trees: However, iPsae of these trees the they will be required to be replaQedr a '"" with similar trots. The approved plans show add tiottO trees to` be planted iresulttng In more trees a1o111j yobrR clientfs property lime than now extst'r ;5 x hellaYe coy comments in response to your latter of rebruory' also cover they aonatrna in your letter of Moran j9$ • ?'+' ►*�! A#r; RE: 2500 H e%? * 22 Avenue Letter of March 13, 19s9 2. Y have responded to your first comment under II• a0ove.. was approved for •y' Improper Use. I repeat, the addition use as a nursing home and the operatoriof ill bethe • �.�k4f'�': facility assure us that this is what —.--• C•0• . tot% It after it is built and a not pervitted 6 �ntt.rallYdioitiriat: used for any other use zoning district then and only, then oan .we take any• .. • action. .the MY of Miami Zoning Ordinance 95009 as '1enenaed•` by spocial Exception• permita• in an RG-V59 CSRF's only - They must scot in existing or Herr building. be approved by the Zoning =�� N*�•� �' requirements and apt* no Qublia hearing for any new facility* See Sgotionrj • 3peQial setbaoft - requirements for C$Af • - for specific requirements... 2034 of the Zoning Ordinance - t..: setbaokss! 3, i' have •previously addressed your concerns on .,y - . hi • AICER,;rIAN. SENT EurrT 8 EIDSON a ATTOILNM AT LAW ewe lwlewtlewws • tw DOOM - • e01 lwIQ11tLL .11twYt rl.rl. ►►OAIM lillLtlM rc�seo�. MOW �s••we! May 2, 1989 Ms. Gloria Fox city of Miami Building and Zoninq Department 226 .Suite 275 N.W. 2nd Street Miami, Florida 33233 Re:. Notice of Appeal of Zoninq Administrator's to Section 3413, ,t Srntarpretation/Decision Pursuant z.,n na Ordinance- -Dear Ms. Fox: _ on behalf of our client, Veronica Nagymihaly d/b/a Nagymihaly Properties, the owner of the real property located at 2201 N•W• of appeal of the 23rd Street, Miami, Florida, we file this notice City of Miami Zoninq Administrator's decision and interpretation setforth in his latter of April 17, 1989, which letter is attached hereto as. Exhibit "A". u_ Specifically, the appellant seeks reversal by the Zoninqz M:_ - Board of the Zoninq Administrator's conclusion with respect to and. > 1 tter concerning construction the followinq items uses at 2500 N.W. 22 Avenue: SF 1. Invalid Notice = ~' 2. Improper US* h 3. Violation of Setback Requirements' 4 Relocation.of Existing oak Trees} S. Failure to Obtain Special Exception for C/c�� AoRr Uses qy � tfr 5}f ' Is. Illegal continuation/E ansion at Noti"'� cont ins uses ,: EDttH M. FUENTES o City managery DGeetor ;r, .... ,�► �� April. 179 1989 Anthony J. O'Donnell, Jr., Esq. Akeroan, Senterfitt & gidson 801 3rickell Avenue Miami-, Florida 33131 Re: Addition at 2500 N.W. 22 Avenue, Zoning D13trict.RG-3/5 Complaints Issuance of Building Permit No._89-185 Dear Mr. O'Donnell: This is in reply to your letters of February 22, March' A and March 139 1989. I apologize for the delay in responding to you but as you are aware, from our phone conversations, I have been looking into each of your client's concerns. Following are responses to each of the issues addressed in your letters: :.titter of February 22. 1089 I.=nvalid Notice _ Y have had the rersonnel of the Hearing Boards section check these records and find that notice, of the hearing for a special exception was sent to owner of record .of property at 2201 N.W. 23 Street, Mr. Gjaapar. `lagymihaly, and address of record 2520 S. Miami Avenue,. ; Miami,. -lori:a, in accordance with Section 62-55(3). 'Also, :a accordance W,th the City Code Section 62-55(1) and (?), x signs were posted and notice pub ishedL in thew newspaper.` - �I. _mproper Use n} i� A zoning inspector visited the site and found noY'° YyK . medical clinic operating_ at the subject facility;. , a. ;. ':he application for Special Exception was for an addition to a nursing home,, f;hjc.4 is the �a jor use y.ne existing tut' ding. They have proposed ,using the r . addition for nursing home use and aeording to Zoning Board's approval skid addition will We': to bR r . Us E:d ex lusJYCJy 43 g nursing how, After =.it b+ l } AR - 1f 6 ' 1 Anthony J. O'Donnell, ., Esq. Akerman, 5enterfitt & Eidson April 17, 1980 Page Two RE: - 2500 ` iW • 22 Avenue One of the wings of the building '_s presently being used for alconol and drug rehabilitation. This, under our present City of Miami Zoning Ordinance 9500, as amended,- would. be 'classified as a CERF. However,, We. - have records indicating that the alcohol rehabilitation or detoxification facilityhas been in operation since 19.73•The City of Miami had no requirement for this. type of use until ordinance 9304 was ado pted by the City Commission in 1981. Therefore, the existing alcohol rehabilitation facility is permitted and may continue.to be operated. -` We are further investigating the drug rehabilitation j3 facility to deter�:ine whether, in fact, as -the Dade County personnel I ave informed us this program.. has.been n operation since '97=I. _f this :s reriOied ,,then the: use would he_',_eral nonconforming. s will keep you _inform- ed on this te:.n. Rs. -- . liol'ation of Eetcack °equirements :he lot .n question is a double frontage ' .. lot. which ..has. no rear lotline, on.y 3 side lot ' +_am 'he required. side yard accorting to the Cit7 of Miami -`Zoning ,rdinance 9300: as amenled, page `2'of 'S of the schedulD aeQu==:ion is f' ve (j l feet The curs= n r.ome use s not one .of the uses listed as requir; ng a twenty';20) feet setback and is not similar to those sted. _V, Relocation of Existing nak 7 r eis, s u Thirteen oak trees are to be transplanted according to }r approved plans. An inspection by the zoning mspec or ; did not,reveal damage to these trees. However, if any of these trees die they will he required to be reolaced with similar trees. '" d a • .I t � , .he approved plans show „td,�..o:a_ Mrees ;c be Planted resulting .n more trees a:onR your.� _ dlient's property line than now exipt. beleve m c.q�ents n esponse to your Im ,.yterf. Febrar %g .fib also doves �.he concerns in your letter of Martin a l������� 1 r- t � Syr Anthony J• O'Donnell. Jr•, Esq• Akerman, Senntteerfitt Eidson April 17, 1989 ?aae 'three RE: 2500 `J.•d. 22 Avenue Letter -:�f March 1?, 1089 ;• nt un have responded to your first edition Improper Use. I repeat, the ad waseapproved�for the operators of the nursing .use as a nursing home and us that this is what it will be used facility assure for. _f after it is built and a C.O. is issued, it is used for any other use not permitted generally in that zoning district then and only then can we take any action. 20 The City of Miami Zoning Ordinance 95009 as amended, by Special Exception permits, in an RG-3/59 CBRF's only They must meet all ka in existing or new building. be approved by the Zoning Board at a requirements and aublic hearing for any new facility. There are no r spec: -_ setback requirements for CBRF. See Sect -on ; 2034'o_ the Zoning Ordinance for specific requirements. , have` previously addressed your-cor.csrns on setbacks r� _ and t.-ees in above. �i have addressed the requirements for CBRF and can only. -• repeat that they gust caeet all the requirement of. the ' Zoning, �rdinance for any new facility. s; 1-- - - 1 A that Vhe have _lready addressed ` ;your assuf•...r.,...ns ` • addit:ca will be used as a CBRF• -` be,- l Nave responded to all ;your questions and" concerns._ - Very rui • truly y your*, _ / Y `i-" %1,03j ,h A, Genuardi, P.E. y : prig AdMinistrato _ ion,. a 'r F i w. kin ynvle' W ANC _ u ��� '.. :,d�,th �♦ s.11eiiY#tM� �/4! eliek!/� � .§Y ,• ��� Nfr�� �0e� "aXu il, Law Doot o Z, _ __ - -- .� �,�° �P�: r. y Mr. Joseph Genuardi February 22,•1969 Page 2 I. Invalid Notice Prior to Zoninq Board hearing, the City provided the public with published notice and also sent notice to real.estate owners within 375 feet of the site. However, these notices stated only that a special exception was being requested "to`�allow an addition to the existing nursing home (Live Oak Convalescent Home)." The notices failed to mention that the existing "nursing home" is presently providing drug and alcohol rehabilitation services as well as clinic -type services on an outpatient basis, and that the proposed addition would also be used as a rehabilitation` center and -clinic providing services' on -an outpatient basis. As such,, the 'notices `were misleading. -In order to be legally sufficient, notice to the public: ` and property owners must adequately setforth what', chan'qds I .:are - } proposed. Moreover,' the actual change approved- must conform substantially to the proposed changes in the notice. The notice sent regarding the proposed changes to Metro-Dade'sproperty �- failed to inform the affected property owners as to the proposed changes which were actually to' expand the present illegal uses +of} the property. As a result, the resolution granting thi special ,. exception based upon this notice is invalid. X ' Further,. no, notice was 'ever received:, by vexon"ca Nagymihaly, the property owner most substantially affected byie aka proposed change 'and most likely, to contest its in fact, Mrs, Nagymihaly not only owns the property immediately adjacent toy` Metro-Dadef s property, but also owns other pro' erty� '75 feat of 'Metro-Dade's property, I - �ZZ��DDywwyooDD .11�..MOK22:C y Sh 3 No have been advised 'that tin "nursing home++ Metro-Dadesm property is presently being, used as a clinic dMlInted as an establishment for patints npt; providing out atient services, under the zoningofdineI oversight who are admitted for examination -"-and Notwithatandli.Ag the 140V that some pati*nts may, be .Xept o At leave oaks Conva1Bse"snt, 0024, the 4 tonahre o� -fie 3 a c1 1 o providing outpatient services both �► Honig Ltd did a '.y'gairg� C 21 ,. is a i30=00 ►��` U� n i s3�7_�y�` res,idonti zoninO;an � d dBs►+ ti0 M ;_ i` h t. a Mr. Joseph Genuardi February 22,.1969 Page 3 Metro-Dade�s property is zoned RG-3 General Residential which. allows for the maintenance mf nursing cars facilities"only by special exception. The cede :iefines nursing home as a facility whichprovides maintenance, pars anal,care or nuts;nq tor:a pericci twenty-four (241 hourg. This dafinitin does, eGe.�.�.... contemplate the,masntenancs of a clinic providing services on an outpatient basis. Accordingly, Metro -Dade may not I maintain, a: clinic on the property under the present zoning. Nor, may. the proposed expansion be used as a clinic. We have also been informed that the Live oak Convalescent Roma has been.operating for some time ,as an alcohol and dzuq rehabilitation, facility. Residential facilities for alcohol,.'and drug rehabilitation are not classified in the City's Zoning Cods as :nursing homes but: rather are included in, the definition of a 3. �,ommbnity based -residential facility. Under the"prasant zoninq..of the".property, ; based residential. facilities are permitted community only by a special exception and are further subject to sectionF 2034" of the, Zonng.;Ordinance. Thin property was not granted a special exception for the f the community `maintenance o'based commu rasidential facility;, nor .was it advertised as a nitybased residential facility. Additionally," it is doubtful .that the ra present. facility would most, the location standards :and 'ather3r requirementsfora .community ;based residential facil�.ty 'set fort: { r in Sectien"-2034 of the Zoning Ordinance. As -such, the. clini9 and rehabilitation activities may not be ,:maintained under the present *` zoning; nor -may the proposed expansion'of the "nursinq home" he r,,, used to provide clinic or drug and alcohol rehabiiitatio r ; Sel'ViCBs . r �T Vi.o7yat„Qn„! Setback Raauireznents` 4A The butldinq permits issued to Metro-Rud+4, for th r Y Y ; construction of the :expansion an the property v ol4t�►".xj �rt requirements' of the City* s Zoning Ordinan . ex,M r, prexsntly constructing the expansion with only a five'.1elt setbaok from the .property line with the Nagymihaly Property• nursinq care facility On Metro-pmde' s property to an f 4►1 i.t is s�ni.iar Q those . ; other, no ty, As iuh i n��esential gacilit,iox identified in Rro-2 and RQw3 ng, A Thin `' eljowinq constr4ctIon within five 5) feet Of thepse�� � ; viclats t4le, Zon nc ordinances and should be, q _ ismedi4�siyx �x ' y �Y - — — - - —y. _ s a i Mr. Joseph Genuardi February 22,. 1989 Page 4 Even if the nursing care facility is classified as a the permits. are residential operation under RG-2 and RG-3, in violation of the setback requirements of the City's nonetheless ' Zoning ordinance which requires that least ten fear, --froa the resi I lot be sat back at 1_ine. The permits issued to Metro -Dads are presently gree�rty allowing construction within five (5) fast from the rear of Matro- definitions,`tha front Dade's property. Under the ordinance's own be construed as the shortest boundary adjacent o o! a lot �� the atrsat. Accordingly, the front of Metro Dads's.lot is that As such; the rear. side of the lot facinq Northwest 26th Street. the property contiquous to the of the property is that side of Naqymihaly property. At the vary minimum#, then, the permits the. should only permit construction within ten (10) feat of are construction k property line. Since the permits permitting are in violation of the Zonnq within five (5) feat, they- ordinances and should be revoked and corrected immediately. TV. Relogation of Existing Oak Trees Finally, Metro -Dade represented to the Zoning Hoard that existing valuable oak tress on the site would be relocated;as tress on the site s indicated on its plans.` However, the existing be relocated. Already, are hugs oak trees which normally cannot that several of the trees have been destroyed�by we understand Metro -Dade. The destruction of these trees is datrimental;t.. the --be ' community and to the Naqymihaly property and should not permitted. ,L As sat forth above, the present use of Mot7CoDads's property and intended use of the expansion violate the :City°O! Miami's Zoninq ordinances. The existinq violations and thsa °t which will occur in the future are adversely atfectigrs i Mihaly and are interfering with the beneficial uee end � Naqy tt enjoyment of the Naqymihaly property, Therefore, these violation, r R"� i ■ I AKEWAN. S ENTERFITT 8 E IDSON A7TOANva & LAW • OMt Salome" 901i"t ' sow LOOe set **Game ewue I0tAtt1.111,01112e. I•ttw gt Isom sr..ssee rcuseeP► Iseel r�•ON CASLC &Oath" &OCR- UT•01M - T[Lt71 60•iale March 8, 1969 t _ - �l1ND DELIOZR�� Mr. Joseph Genuardi -City of Miami Zoning Administrator 275 N.W. 2nd Street Miami, Florida 33128 ` Ras Veronica Naqymihaly Complaint of Violation 2500 N.W. 22nd Avenue — Dear'Mr. Genuardi: G, This letter is to confirm that your inspector's report has �- revealed the Dade County facility at the above address is presently operating as a Community Based Residential Facility (CBRF) ` for alcohol and drug rehabilitation.` This CBRF use renders Resolution ZB`20-88, which approved the Tt: expansion of a "nursing home„ unlawful because neither the notice -,_ w nor the title to this resolution referenced the'CBRF use as is. r` required by the zoninq coda.' Accordingly, it is imperative that construction next -'to, the,r proper , pubc Naihaly property be hiklted at once to allow a li. gym hearing on the CBRF Use -and a proper consideration app oP i►te restrictions' of that use ' such as setbacXs from a►djothinq;, residential uses. ZYen if ;C A29X0vAl2 or CARP Uses"" CAP 4 y found, the presentexpansion is under soluti.on ZB 20-68 w. is patently detective. ve truly y x '•. Anthony 0! P s CC; 14i''r1 is Meer, g1sq. a -- —a t, E. ;7 AKEILN", 5E:JTERFrrr 8 EID5014 /UTOANEYS M LAW — ONG GOICwt« fOWOt !mow lOOf fOi fnCwt� wtMut MOfl 3f&. ff00 tCLiCOPW 4300 314*6009 CA86C ♦000988 March 13, 1989 a==; R71ND `' D�L24�RalI� Mr. Joseph Genuardi -x City of`Miami Zoninq'Administrator 275.N W: 2nd Street t t Miami, Florida 33128` rN= Re:- veronica Nagymihaly`Complaint of violation; at Health Centers X 2300 N.W-.'22nd Avenue (Human Resources , Dear Mr, Genuardi: t This°letter if to confirm our telephone conversation'on March , yy lot 1989 in which you advised me that'the City was proceeding to issue citations to MetropolitanDade County -for illegally usingt, the above. referenced facility as an alcohol and drug rehabilitation center,- defined in the City's zoning code as a Community $ased'Residential Facility. 5"'3 i-would again reiterate that this illegal use makes the notice for'Resolution Z8`20'88 patently insufficient, .YQu -advised me that the new wing would, according . to Dade :Countys- , ki� ' a offioia3s. not be :.used as a c»Rg but only for nursig'caea and. � for that the County will be applyinq for a CBRF special sxcsptioh its facility. This position is not valid because it`evedes.°th4y ... I r#. clear requirements of the City I's zoninq ordinance and prQced res, and it essentially rewards a wrohgdoar which was -"on notice nevertheless, proceeded to develop its property under a unlawfully obtained special. exception. Ste ` t Ii 242 So,72d 210 (Fla:*' U M. 1'074) (failues .091 Mr to_ Mention hospital addition invalidates r**Oluticn) mot- !�I -T�� ... ff��..�� A�uw*i!f AUKCA'_.�l� 11iA ' facia! ... �'_`, d, .. _ P � J m 1 � a a 1 7 +. V Mr. Joseph Genuardi ' s March _,13, 1989 Page , 2 The scenario you outlined for Dade County would first allow the: construction of a buildinq only 5 feet from the property line of my client's residential apartments - a setback whichnever would have been approved at public hearing had the CBRF alcohol and druq treatment center use been revealed.- Then, ones built, a Dade County would request a post fa= approval of this CBRF use with only a 5 feet setback. This approach is not what the law; is or should be; and it is unreasonable for'the City and.Dade`County to place such a public health center next-to.existinq residential properties without any sensitivity to the adjoining residents. x x .I enclose for your information lour (4) photographs I personally took.of Dade County•s operations on Friday, March 10, }: 1989. You.will=note that the 5 feet setback is located right w: next `to an apartment building which has windows facing this new struetu You will also note that this residential apartment building is setback some twenty (20) feet - which should be the MinjjiR for Dade County•s massive public health care and ; treatment facility. You will also note that the 5 feat setbackM makes the Zoning Board's required relocation of the property's$ once beautiful oak trees as a buffer iWassible., You will '= }}= further note that these oak trees, which the Zoninq Board required to be preserved, have been virtually eliminated or destroyed by Dade County.{ I.would also turn your attention to Section 2034 of the City's Zoninq Code and point out that the County*$ illegal CBRF use would require eeXtensive recreation oven s_ga„ge'which must]be. "appropriately landscaped and buffered for the comfort, convenience and enjoyment of the residents wi�ysgggladerA3en jacent mrooerties.p Sec. 2034.2.2.2. Zoning Code, The_ a z`� has been no such open space provided with any considsratipn o Emo sue, X aF - the only neighborinq residential property nor has there been suitable wall, fence or hedge to separate the properties as � � required by Sec. 2034.2.2.3, of the.City•s Zoninq Code. Again, the main is that the City and Cade County1885 r h{ proceeded afte e notice from my client on February Ut - to Gonetrua an extension of an illegal CBRf's wihn feet 34 N O - r t t` L.. Mr. 'Joseph Genuardi March 13,1989 jj Paqe 3 ,? 1 1 i of the Nagymihaly. property. This illegal act should be halted 'avoid immodiately,and corrective action should be undertaken to further damages to my client. - Very truly your , Anthony O'Donnell, Jr. AJO/ s j '. Enclosure cc: Eiloen Mehta, Esq. Miriam Maer, Esq. ,4. Joaquin Avino Diana Gonzalez T r . r . r r. r -T Y K PW tw�i `1,-x-`G:d 3 1 a f{ , w H 7' � 1{ S ■ t 1 • 2 '.3 i ZONING FACT SHEET 7 LOCATION/LEGAL 2500 NWT22Avenue All of ':e and Tratt 8 l ess the S 170' ZIPES SUo ,78-64) P.R.D.C. APPLICANT OWNER Metropolitan Dade County c/o Sergio Pereira, County Manager 111 NW First Street Suite 2910 Miami, Florida 33128 Phone #375-5311 �i ZONING RG-3/5 General Residential f i. , REQUEST Special Exception aaLlisted ..in., Ordinance 9500. .. as amended, -the Zoning Ordinance of the City of y Miami, Schedule of- District_Regulations, page-2 ' of 6, Principal Uses and Structures, RG-3 General Residential to allow an addition to the existing nursing home (Live .Oak Convalescent s kt Home), on above sitet as per -plans, on fire. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL SUBJECT TO FINAL> LANDSCAPE PLAN �. APPROVAL, BY THE_ -PLANNING: DEPART T. Special xception as requested meets 750intent -_ - of Zoning Ordinance 9500. The proposed addition A' would not impact or adversely affect the surrounding area. The location and size of the r proposed addition is acceptable as it is within q,y: the confines of the existing nursing home. All }_ the reouired oarKing spaces are provided '.0n3- r Ery' ,s site. Existing valuable trees on site could be }; relocated as indicated on plans. Furtnermore, } the proposed addition would be. harmonious 'and compatible with the adjacent, area :,and ' i+ou1 d beneficial to the community. ,t3s PUBLIC 'WORKS No comment. r DADE COUNTY PUBLIC � CORKS No objections. ji .ice � k i 1 } g • F 1 APPLICATION FOR A CLASS 0 SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE-8 within the city generally, or within certain zoning districts, certain structures, uses,, e: and/or oceupmdos 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, conditions, and safeguards which should be applied as reasonobty necessary to promote the general purposes, of :this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the wMerttse and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and Limitations relating to Class D Special : '1'- Permits and Special Exceptions. (Ste Article 26.) Formal public notice and hearingr is not mandatory for Class D Special Permits, but is } mandatory for Special Exceptions. In other respects, these classes of special .permits - are the same. The Zoning Board shaU be solely responsible for determinations on applications for Class D Special. Permits and Special Exceptions. AU applications in these classes of � special permits shalt be referred to the director of the Department of Planning for his recommendations and the director shmU make cny further referrals required by these _ regulations: } I, Sergio Pereira Count Mana er , hereby apply 'to -the 'CitY of t Miami Zoningara or _ approval o , chock one: V Class 0 Special Permit s } X Special Exception 5: for property located "at 2600 N. W. 22nd Avenue Mimi. Nature of Proposed Use (Be specific) Expansion of existing skilled nursing care facilities. ° T 3 `ham. } 1 i l attach the following in support or explanation of this application: - X 1. Two surveys of the property prepared by a State of Florida Registered Land ,_, Surveyor. X 2. Four copies of: site plan showing (as required) property boundaries, existing and ,+ proposed structure(s), pocking, landscaping, screening, etc, building elevations (if required) with dimensions and computations of lot area (gross and net), LUI ratios (open'spaoe, floor area, parking, etc.), building spacing and height envelope. Set Section 2304.2.1(c). X 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form(Farm 4-83 and attach to application.). X 4. Certified list of owners of realestate within 375' radious from the outside .._ boundaries of property covered by this application. (See Form 6-83 and attach to S. Ai Inc ttwo� photographs that show the entire property (land and improvements). 6. other (Specify) 7. Fee of S 800.00 . based on following: (a) Class Q $300.00 z (b) Special Exception W-00 (c) Surcharge equal to applicable fee from (a) or (b) above i-at to exceed $400; to be refunded if there is no appeal (City Code Section 62-61). Signa#ure V Owner or iz t � •AI• r v♦ ;1w1 ���t /p*ram 1 't Name SERGIO PEREIRA ".. Address; ill N.W. First St., 'Suite Z9].0, & - City, State, Zip Miami, FL 33128 t u; - Phone 375-5311 STA T E O FLORIOA ) SS; Y w COUNTY OF E T• t 4! . ek. 5 x DIANA M. GONZALEZ ( for the County Manager) being duly sworn, _ $s cut )zed agent) at real prppetty de3s rn�ibed that he lxs� road the focegoing + ar�d thouthe cane care trueend +et+� filfor ing � t for dwnw) that he has Wthwity to =*cute thle, +aWlc�►tIort f golf of the _ R i ome ome AFFiDAVTT STATE OF ==k) S►5. CatfN'i"Y OF DADS ? 1 Before me, the Undersigned authority, this day personally appeared DIANA H. GONZALEZ for the , who being by me first duly sworn, County Manager upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9600 of the Code of the City of Miami, Morirda, . Affecting the real property located in the City of Miami as described and listed an the pages attached to this affidavit and made a Fart 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 wedixt cation of a claaslf: cati on or regulstitci of zoning aea tact W- to the acccgPmu g retition. 3. That the pages attached hereto and made a part of this affidavit coansin the current names, maiLLng addresses, phone numbers and., legit descriptions for the real property which*he is the+ owner or legal representative. 46 The facts -as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affient sayeth not.! • tName t �� Sworn to and Subscribed before me �, -a this :f �`day otl-19 �4t l� ref.;•. �...r: t. �-'�-`-•--'-^�. » Notary PubU4, 3tata of Florida at Isere my C=sission Expires: 6�DE4 tiMU GEME�AI lri. UMD•J ' • V 1 —' » • �S 4 Cf^T§ �� R M w��s OWER' S LIST Metropolitan Dade County c/o Sergio Pereira, County Manager Owner's name Flailing Address 111 N.W. Pirst Street, Suite 2910, Miami, Florida 33128 'eleonone Number 375-5311 Legal Description: LIVE OAK CONVALESCENT HOME: Tract A and B of Zipes Subdivision, according to the plat thereof as recorded in plat Book 78 at Page 54 of the Public Records of Dade County; LESS the South 170 feet of said Tract B. Owner's Name Nailing 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 NONE Street Address Street Address Legal Description Legal Description Legal Description U 1. Legal description and street address of subject real property: LIVE OAK CONVALESCENT HOME: Tract A and 8 of Zipes Subdivision, according to the Plat thereof as recorded in Plat Book 78 at Page 54 of the Public Records of Dade County, Florida; LESS the South 170 feet of said Tract B. 2. Owner(s) of subject real property and •percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties si aving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Cozmaission. 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. Metropolitan Dade County 100% c/o Sergio Pereira,County Manager III N.W. First Street Suite 2910 Miami, Florida 33128 3. Leye l description and street address of any meal prgm t.-! (n) owned by any party listed in answer to question #2, and (b) :created wiUiin 375 feet of the subject real property. NONE STATE OF FLDRMA ) SS: COUNTY OF DADS ) �ttcrney being duly Owner) of that he has sworn, deposes the real read the and property foregoing says t ne la a ner described in answer to question fl, abovel + T A STAR OF FLAG = ) S5 t COCJrtiY OF DADS ) DIANA M. GONZALEZ for the , being duly swxn, deposes and says that ne is the Culy appointeo _r0nr of Daden „- # the owner of the real property descri in answer to quest on- , aaml that he has read the foregoing answers y that the same are true and coiaa- plete= and that he has the authority to execute this Disclosure•cf Owner- ship ions on -behalf -of -the owner. SW M M RIGID SOESMIr before this �1 day of , 6 sonar �antc snrE � � . �' CORMIIatON EXP. APR. 2.�1 i0 eo�oEo t� eta iro. •uNo. .- Mrs. Elba Morales offered the following Resolution and _ moved .a adoption. RESOLUT:0N Z'_ 20-P8 AFT*.''. CONSILE3I?1G ?E FACTORS SET '7ORTH IV SECT.DN 2?05 =? ORDINANCE 9500, AS AIKENDED, SPECIAL — :RANTED TQE THE ZONING BOARD S EXCEPTION AS LISTED :.l ORDINANCE 4500 , AS AMENDED 9 --HE ZONING ORDINANCE OF THE C STYOF PAGE r JKIAMI, SCHEDULE OF DISTRICT REGULATIONS,. j 2_OF _6, PRINCI?AL USES AND STRUC.7RES9 TO, GENERAL RESICENTIAL &O ALLOW AN ADDITION (LIVE OAK THE EXISTING NURSING ROME CONVALESCENT ::OME) FOR ?ROPERTY LOCATED AT14°,. 2500 NW 22 AVENUE ALSO DESCRIBED A,S ALL OF ZIPES TRACT A AND :R.ACT ? LESS THE S 1' , CN FILE; }- SUB' (78--4), . jab.D.C., AS Pt'R PLANS ZONED RG-:: ", iENERAL RESIDEUT.:►L. '"IiIS ; SPECIAL=XC_:T.'JN ,APPLICATION -AS TIME :THICci A --, LIMI'IAT_D`J . _ _ -�. dEL7E MONTH.-S ::I ; OBTAINED. �+ ,.... ���` Mr. . ^ ads `ale ,n i= waa Upon .ein; nded by .�eorge == �. oc_.... } K, zasse3 and zsorced `7 ..._` _'ollcwir.; vote: AYES: Is i •s 'as 1:3 and S%ub Lsh - _ ..ora_ Messrs. _ � • loran-? 1beaux, Banns, L uaces ?are•:, z.* Cunn .o VAY__ 'lone . K � ASSE:1:': 'tone Ma. ox: Mot :� c�rr_ss 9 r,0 0. 4 r E • i a-63 See. 62-55. S80*—TYPE• ZONING AM pLANNING - The requirements for the typo of public notice are as follows: (1) Newspaper publication. Publication of public notice in a newspaper shalt comet of publication ice: (a) A daily BEWSPOW Of general Batson is the at9: (b) A daily ne"Paper of Metal circula- tion in the city, devoted primarily to the reporting of financial. business. industrial and legal information: and (c) A newspaper devoted primarily to reporting information of interest in an area or locality of the city. Such publications shall be made not less than ten (10) days in advance of the public hearing. (2) Posting. (a) Where posting of a propertY is required. it shallbe done at leant tan (10) days in advance of the hearing and shall consist of a sign to be posted on the such land which shall measure at least three (3) square feet in area. shall be of a color distin- guishable from the surrounding land- scspe.. and shall contain substantially the following laniwis: ..A PUBLIC BEARING CON- CERNING THE REZONING OF THIS RTY FROM ��. WILL BE HEIM BY (ZONINGTHE BOARD. CITY COON PLhNN1NG ADVISORY gGARD• SAGE ,CoNWVAT10N BOKWOF011.11 =y 0r b LVA CALL (phons w4mbsz) FOR INFORMATION." or §A PUBLIC HEARING INVOLV- ING A VAR ANCE ON T_ HM PROP- FIiW'o (dort stawwout of natm of variance requgated) WILL BE BY Ti {ZONINO BOARD. CITY CONMWIONI*T THX CrrY OF MIAMI. CALL (phone number) FOR INFORMATION." or ,*A pUBLIC 113F&,#"G INTVOLVING A SPECIAL EXCEPTION PRO�EOF Paf0nedr��' BE MM BY THE anNI JG BOARD, CrrYCOMMMOMOFTEMCITTOF MIAW. • CALL (phone number) FOR WFORMATION:' (b) The sign shall be erected in fnll view of the public on each street side of snch - I=& Whore the property for which re - variance or we"ezcePtioo. as ;. zoning. the case may be is sou�ht� the sign shall be erected street right�oiway, with an attaebpd no- Cation indicating genrally ".the he proPW%7 and direction didalm t. Where. WWI$ rezoning is of property are involved with street front• ages extending over cow : s as many algae Wall be e:rw an . frontage as may be deemed to iaform the public. ' (c) It shall be a misdemeanor , in the second degree. panishabli• Pent to , f sections 775.082 and 775AM Florid Statutes. for any unauthorised P! to tamper with or reanov `the - signs posted pursuant to this sen- lace . xt� (3) Mail notice. Notice of the tun and p heating of the public +�► Yi advisory board. zaniog.. r ;a commission. as the may be # , sent at least ten (10) daya is advance�st =; the , to ' the hearing by mail + subject property or .► `az at atufflW, if any. Haase sx P Notice of the public hearing by !!1!! ♦{�� a `2�g ,rx, bard. zoning , 4, as the apse sent be. 404 ten (10) days in "Tow,z vj m P!� x alm aw pro s u. tow =F "" 4105 +i �I i + : •3Y• : Tf r• .1; 'ij►S i 3` © ; •1 IF IF ,� . 1 • L r f � v y 1 G G U,44r-G' Lj h 'r •G �'I L rA r �: r 1►^ nivl•� 7� — -- 37tE£ 1t1:1JOl:.1'fIt1H UST •— — - - '---- --.... - --.» »...... _..—'--- _ IIC1glf E SpREAD P16CON F.��{M [ i�� .�W v�'� " +'" tV� ��•'M^ 116MREH SIT S CALIPER - --- - �__ — i 1/.1K 28" 3C' x j0' Y . --- 2 OAK 4000 30t X.461 - I,AK lo„ 20' x 16' CA, �o t,ty� cK -�� yt1N1.#-f4AA• rt tit, 4 OAK 32" 24' x 24 • �--- � 1 — -- e S OAK 48" 76' x 70• G �� �U C� N • 1��` 1-�h - - ----- L�11A4�J1a� � - -- �:' 6 OAK 36" 20' x 22• - !�k y OAK 24" 20' x 20' 1 ` s OAK 14" 221 x 18' 9 OAK 12" 20 x 10' 1 /rFrr,4C: Fi 0 OAK 24" 24' x 24' 11 OAK 24" 249 x 24' - 1:+ E 12 OAK 16" :0' x l2" -------- OAK �13 1 Y,40� C OAZ4 VON- WW- • If "JJI 4 W. Ari v O MU G1a ZE _ r= VOL Y U LiltJ� :-toµt=+�a.T�►� 11�: - �G �� NAt �Er--lee- VUc-r- rA I �.. uht tt-c or.A « . 1. 4%11•1..1ste-d wore have- Lrr„ lie -evilly primed within the ' pest ILwo yeau4s. With S4111 itnntlml tree CaImpy g"wVed. 3, A11 calipers .aad h :lght and spread nessure"ots are tit , -` t i u —al soul Contractor should verif before bidding- . pLL c:�.• �.%f i-w, C£ •- - �N e�c F.=.; �r�1�� i r i cr -Tre r-- Y NuA&FEW - - -cry a r-- t ., I0f%1Go.T+� He-v4 ! oGtiTloN •- r-ca rzcLem c!!' - r-e: % , n-V N E ,..: , ZIA !. y N ledVIA � ti• 'i �'S. � �J►_ fin... Jam• -.�.� . • t p'• s . ,�Tnn.n���n� �E�noaeNelJM