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Home My WebLink AboutR-91-0863J-91-654(b) 11/14/91 RESOLUTION NO. i 1 . A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, ZONED R-1 SINGLE FAMILY RESIDENTIAL, TO PERMIT THE EXISTING 15' X 44' COVERED TERRACE ADDITION TO THE EXISTING SINGLE-FAMILY RESIDENCE PROVIDING AN 8' REAR SETBACK (20' REQUIRED) LOCATED AT 1900 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) SUBJECT TO THE FOLLOWING CONDITIONS: (1) THE COVERED TERRACE SHALL NEVER BE ENCLOSED AND SHALL NEVER BE CONVERTED INTO AN ADDITIONAL LIVING UNIT; (2) CITY INSPECTORS ARE ENTITLED TO ENTER THE PROPERTY AT ANY TIME TO ASCERTAIN COMPLIANCE WITH THIS CONDITION; (3) SHOULD SUCH CONDITION BE VIOLATED THE PORTION OF THE COVERED TERRACE WHICH EXTENDS INTO THE REAR SETBACK SHALL BE REMOVED IMMEDIATELY; AND (4) A COVENANT SHALL BE PROVIDED TO THE CITY IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITHIN THIRTY (30) DAYS FROM 'rHE DATE OF THIS HEARING SETTING FORTH ALL OF THE ABOVE CONDITIONS, OR THE MATTER SHALL BE BROUGHT BACK TO THE CITY COMMISSION IN JANUARY, 1992; 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 July 1, 1991, Item No. 3, duly adopted Resolution ZB 37-91 by an eight to zero (8-0) vote, denying a variance as hereinafter set forth; and CITY C0174 =Sion MEETING OF , ri0 V 14 1991 4 - S63 t Magna W } c j }�771 Aim wih'X y'm J-91-654(b) 11/14/91 .. 863 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, ZONED R-1 SINGLE FAMILY RESIDENTIAL, TO PERMIT THE EXISTING 15' X 44' COVERED TERRACE.< ADDITION TO THE EXISTING SINGLE° -FAMILY RESIDENCE PROVIDING AN 8' REAR SETBACK (20REQUIRED) LOCATED AT 1900 SOUTHWEST 32 AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) SUBJECT TO THE FOLLOWING CONDITIONS: (1) THE COVERED TERRACE- SHALL NEVER BE ENCLOSED AND SHALL NEVER BE CONVERTED INTO AN ADDITIONAL LIVING UNIT; (2) CITY INSPECTORS ARE ENTITLED TO ENTER THE PROPERTY AT ANY TIME TO ASCERTAIN COMPLIANCE WITH THIS CONDITION; (3) SHOULD SUCH CONDITION BE VIOLATED THE PORTION OF THE COVERED TERRACE WHICH EXTENDS INTO THE REAR SETBACK SHALL BE REMOVED IMMEDIATELY; AND (4) A COVENANT SHALL BE PROVIDED TO THE CITY IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITHIN THIRTY.; (30) DAYS FROM 'HE DATE OF THIS r HEARING SETTING FORTH ALL OF THE ABOVE CONDITIONS, OR THE MATTER SHALL BE BROUGHT BACK TO THE CITY COMMISSION IN JANUARY, 1992; 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 ; July 11 1991, Item No. 31 duly adopted Resolution ZB 37-91 by an eight to zero (8-0) vote, denying a variance as hereinafter set ° i forth; and CITY co h' NT�.ETIN0 OF; 1 ) L f ti WHEREAS r the applicant has taken > an appeal`, to the Ct�► commis aion from the danial of the variance; and f. WHEREAS# the City Commission► pursuant to Motion-91-862 J. toted to reconsider its earlier denial of this appeal --and: ; WHEREAS` the City Commission after careful oonsideratit�fl . of- `this matter,. and -notwithstanding the decision, of the Zoning Board#. finds that : there are peculiar circumstances affecting this parcel of land -and that practical 'difficulties and unnecessary hardships exist which would impair the owner's right to. 'the reasonable use of the property without the grant `of variance as hereinafter set forth; NOW, THEREFORE, -BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,'FLORIDA: Section it The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if, fully set forth in this Section. Section 2. The decision of the Miami Zoning Board in this matter.is-reversed and the request for a variance from Ordinance No,,`'11060, 'as° amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, :R-1 Single Family Residential," to permit.'Ithe _existing 15' X 44' covered terrace addition to, the existing iingle=family residence located at 1900_ Southwest 32 Avenue, Miami, Florida -,Lot 153,,-Block 81 CORAL GATE SECTION B, as recorded in Plat Book 50 at Page 10 of the Public Records of Dade County, Florida subject to the following conditions: G) f S d h r Jn the,t;�veL`+�ld terrace shall Stever be enolosed and shall never be converted into an additional living unit; () City inspectors j r enter the property at any time to ascertain a are. r, o,mplianoe with this conitin (3) should such 'conditian b�►: 4 the; of the covered terrace which e�ttend� `into ` violated portion ,,. . the rear setback shall be removed immediately; and (4) covenant shallbe provided to the City in a form acceptable t - the City Attorney within thirty (30) days from the date of this hearing setting forth all of the above conditions, or the matter shall, -,be brought back to the City commission in. January, 19 9 ; said variance having a time limitation of,twelve months in which a building permit must be obtained, is hereby granted. Section 3. This Resolution shall become effective immediately upon its.adoption. PASSED.AND ADOPTED this 14th_ day of r 1991. XAVIER IJ4, PUARE MA ATT NATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: = 'MIRIAM MAER S I ti CHIEF ASSISTANT CITY ATTORNEY CITY AT EY s r GMK:ra:M2417 4 C N i CITY OF MIAMI, �. a5 1NTEA-OFFICE MEMORAN oarp Zoning AdMiniStr&t t p anhing, SUilding & I26nin D(aPt. suMc: R orb Jcseph Genuardi, DATE Zoning Adminittrat`or planning, $uilding & toning Dept. SUBAr, �= t'% Fgcj►.+ Irma M . Abel a REFERENCES Assistant City Attorney ENCLOSURES Y May 13, 1992 tILE AIW914t2 Enclosed is a copy of the covenant recorded by the applicant on the above -referenced matter. Since this covenant is substantially the gameas that I gave my approval to, I will give this covenant my approval and close my file on this matter. M054/IMA/bjr Enclosure cc: Sergio Rodriguez Assistant City Manager Matty Harai, City Clerk Guillermo .E..Olmedillo, Deputy Director planning 'Building & Zoning 'Teresita Fernandez, Chief, Hearing Boards Div: Planning,_ Building &.Zoning G. Miriam Maer, Chief Assistant ,City Attorney CI) , N -n f-- E � F tunnuiy WJL Wu LAAW ACIAM CLIAU LFAAAuaaay uwAs uILen WWAML: WJ& L.11e rrvPertiY, and its heirs successors and assigns as follows: 1. The'recttals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Z The existing covered terrace located on the Property shall never be enclosed and shall never be converted into an additional living unit. 3. In the event this condition is violated, the variance granted by the County Commission pursuant to the Resolution Tto', 91-863-on`November 14, 1991, shall lapse and the terrace shall immediately be brought into compliance with the require- ments -of zoning ordinance No. 11000, as the same may be amended fromi time to time. ,. ,, Effective Date. Once the above -referenced grant of variance his becomefinal and non-e ppealable this instrument shall constitute a`' covenant' running with the title to the Pro- £F perty an shalt binding upon `'the'owns r, his heirs, successors and reassigns. , These , restrictions 'hall be 'limitation upon al r * 3r Tryr3i' s s�a3 ,.a„ for the publio welf&►re. , 5 Amendment and Modifk ation, This instrument may be modified# amended or released an to any portion of the Property by written instrument executed by the than owner of the fee simple title to the land to be affected by such modification# amendment or release, providing that the same has been approved by the City of Miami City Commission after a public hearing, the expenses of which shall be paid for by Owner. Should this instrument be so modified, amended or released, the Director of the City's Planning, Building and Zoning Department, or his auccessors, shall execute a written instrument in recordable form effectuating and acknowledging such modification, amend- mant or release. 6. Term of Covenant. This voluntary covenant on the part of the owner shall remain in full force and effect and shall be binding upon the Owner of the Property, his successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and shall be automatically extended for successive.periods of ten (10 ) years thereaf ter or, as long as the variance . granted by Resolution No. 91-863_remains in effect, whichever is longer, unless modified, amended or released inaccordance with the h$' terms of •this covenant prior to the expiration thereof._ 7; .xt, is 'understood and agreed that any official inspec- tor, of tho;City of Miami may have the right at any time to. . L d v , r 777777 ,A a i enter the property to determine whether the conditions of this declaration are being complied with. An enforcement action may be brought by the city or by any property owner within 375 feet• m of the Property and shall be by action at law or in equity, against any party or person violating or attempting to violate. any covenants of this Declaration either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney':s fees. This enforcement provision shall be in addition to any other remedies available under the law. 8. This covenant shall be recorded in the Public Records of Dade County, Florida at the cost of the Owner and the pro. visions thereof shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Owner, his heirs, legal representantives,`estate `suc- censors, grantees, and assigns. 9. All purchasers of the Property from the Owner shall' be unformed of the existence of this covenant. 10. Invalidation of any one of these co•►Qnants by judgment of Court shall not effect any of the other provisions of this declaration, which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned h st his hand and•• seal this �� day of Edam tNANDEZ f rr, r a ,;Chief ',•.m. y=� Y 55 iti :St. F F :,, >f 'S'' 9'S { c } � 1 _ 1 v ' ♦ i ray: i..i ,. 1iOV RIC' Co } Tt#la DECLARATION OPRESTRICTIVE COVENANTS trade this r 1 PEDRO HERNAND the fee ; dayr. 9.. _,... r by y �r rr simple owner of the subJect property, hereinafter the &#.nor, in factor of the City of ,Miami, Florida, A municipality located within the State of Florida � WITNESSETHe WHEREAS, the Owner holds fee simple title to certain pro- perty ("the Property") in the City of Miami, Florida ("the City"), located at 1900 SW 37 Avenue, Miami, Florida and legally described as: Lot`153, Block 8 Coral Gate, Section "B", Plat Book 50 at Page 10, of the Public Records of Dade County, Florida ("the Property"): and WHEREAS, the owner received a variance from ordinance No. 11000`as amended, the zoning ordinance of the City of Miami, Florida , Article 4, Section 401, Schedule of district regula tions,..to permit the existing 15'x44' covered terrace addition to'the existing`sing1 family residence, providing an 8'0" rear setback (20required)'for the above referenced property, sub- ject'to certain conditions, as set'foith in Resolution No. 91 =85"� adopted by the" Corrimissio- of the City of Miami on J November' 14,0, 1991. s� WHEREAS, Owner seeks to comply with the`conditions,attached f i r t Yhifi }r. � 4 W IFy� s 1 1_gr 8t i 1 W z 4{ i t h,f a CITY OF MIAMI, PlAft ,`. the expenses of which shall be paid for by Owner. should this instrument be so modified, amended or released, the Director tit' ilia Planoing, building and Zoning Department or his succes- All mor, shall execute a written instrument in recordable forts 1 effectuating and acknowledging such modification, amendment �-- or release. S. Term ref Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the owner of the Property, his successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records and OIL shall be automatically extended for successive periods of 6A 1ST ten (10) years thereafter or, as long as the variance granted by Resolution No. 91-863 remains in effect, whichever is longer, unless modified, amended or release prior toqA expiration thereof. n 6.,It is understood and agreed that any o c a inspec- tor of the City of Miami may have the riq t at -- time YC��QQ!!`` , to determine whefher4he condi- tions of this declaration are being complied withp-so • r _r . An enforcement action may be,.brought >: by the City or by any property owner within 375 feet of the ' Property and shall be by action at law or in equity against A. -3- Js 1 let 1. cOki , Mt!�4 IIL t• ►/ �� i1 1t ii it ti •t 1 ! i•`� 1 ;' .1 ' i 16i i 1 1 i itt t i 71r / w • t 1 I � � � ; .r = i I► •s 1 it it W,i! A4i h•• i � • � • w >1 'i ri• .:t A fe '�t�II'� • i. w �i iif r'� is 2 1011101 t •, yid ►� ` ! ` 3 .�._- •.. , - 0 : ,M I R ; -..i \�1✓ .i . S S1 !t !• 1/ !i f•' i/ 1 I S. I ii f• I •i w,EZ4-` is ft 0 ' t • 1Ifti �. h • +• _ w • • • gas F,4 oil ..17 ST _ Z ' •0 /•2 it ; S+• N H •t N I/• lee 1 • 1 i"♦ � S � (,t i aq 1 �0 • • I• • 1 (t �l 3 61 � !a•�TL 49130•'!"{ !:•2'42••It{�t••12•{L• tail as 2.{!+ ,••_ „}�,, i • S A-t O2 • 4 le? I l I j'[ O , • r14 tN,A. •` C~ fit•• , to lose Fn I 1 ,•i y art s� � :t•. � too <•.► I:r.�:3altsti.60 Its suita � �• Zf• P • u1 •• I •a ,. „ it to as to it a VPI Is t sea - ttt N < .eAS& so 2r •. Q ty , t H In S • W (� 19 ` T C Q3.."` is f • {• r t•. r ` • Otl �• �129 stJ1 1• a �,- • �' •• ,1 , i ! j- 2-4 i t{• •. 2.0 A • ��1 4 / - 1a 1 M ��/1 •• •• • M V • ! f •.'. • t•• M 2It S1 • •• . ZS •a ; - .. S:.W. OST 2tAa�••60 261 20 �• "��A�•d►it .66 t • CAI •u: f {. • o+ •2 �. .•. IM •• IT3\III Lh • .. • •I ! i. \I •• ,• - w y I=11 ! toso f"166 • • ! • ` ' -' S 7. ,�;s•i•so�tti at' 21 •: pdER S t 3 L, •^ • • <�, , o sec' • : M,>, M 2' 13 3 pn pn TRACT • VADSOM S*yWg • , 'TRACT A I TIlAC S � _ IRACLE CEWER ; �c-•SAT its •IY lip;` (fit • .! .'a L N a r �"S Wt Z 2 ST. *,GORA�� Wh ..,...._,�.1 ► 1 863 t P2`rl`I0N aR VAIIAt!1 Pile Nttmbrt V A Vartance Is mamda t e% the taoms of the r rcwcc whtlre suah +tc#ion wilt II'!et be . ew&dry to the pume tnt+"st and where, GWW to eondtt t ptteWW to the prap�a y► alai not the gait of actfans of the aPpticmlt, ICtet�al �o�esmatt of this Otl'dtAallee 1MaVllt !'etult to t�nneees wy and t� " h hip Oft the �• As tttstid �'l this Vie, a %Wtwm is meN rfted. w" far hot^ @`ea+ sit4 of :tritctt►ie, eft mstofut of t and other opM spoais and affunet parwnQ or I _ -. reap&etnents. (Seatfoa 9101) �_ . ice _ pe titian the City of Miami Zoning i' utwebr Board or a vat ante torn the term a Zonifg O of the City of Miami; G Mtafni, as affecting ptoperey located of specified below. In support of this application, the following material is submitted with this cppticottafs 1. Two copies of a survey of the property prepared by o State of Florida Registered Land Surveyor. 2. Four copies oh the site plan showing (as required)pray bas+darips, �dstbg of a") plop p mg, eta building devattiafts and (Won j%dX bu WhV spoaifg, LU1 and dirfwfriofts and eomp�ttations of lot area cnd ratios, and hdi9ht lops. disolosinq ownership of property by application, and Z30 AffidavitscQsdosuct of intwest form (Fordo "3 and 4aW, attach to application). Y 4. Certified list of owners ofreal estate within 375 radius from tl�A outsidi ba�ndarie of prop"covered br this application. (FaRn 6-83. andattod�t to : application.) i V S At least two pt�otog�aphs that snow the entire propertr.(land on.l irtmproveenonts). : _... {' 6. Other «y� L 1 �T OF A►DSa i 1 I. 1--��RS I i�l �.� 47 '�Z j 7. Fee of to apply toward "the east of processing, based of the followegc (o) RS, RG-1 (resi ddntl a 1 uses) $ 200.00 (b) For penatration.of Plane ill j by antennas and the like s500.00 (a) All other applicotions for O.00r area of buildings) qu07per sq.ft. of fl each reest variance 3. from the ordInana ntinimunl •,$550.00 (d) Surchorge.equoi to applicable fee from above, not. to exceed50.Ot� to bp. refadl if theme ,is no appeal. (Caty, Code = Section b2=61)' vle- 45,L)TPce-4�A- Ar-�P -rc) Timrs 0 Fm POP-, T , ., � !i ter 1ohn still be I� with th! ,. of we "' 1 tiiitl �,► W 11 hat be In jurlatM *o fh; t it 11 # at �ths ivtu a twir t�l t8 tis. JJC Welfare, - A v Imo. Pam-►,"�"I 1` ""-H'► r. 4 ?late: Aft daftmentA torpor % sbWe,% rttbtts or other wrt the 9r a mottrtat to Submitted to thi onin� �hntt' be �ubtaittsd with t on. k Signature n AuthOtiYetl Agent U k �1 auiy sworno upon oacnt aeposes ana says: