HomeMy WebLinkAboutR-91-0695•
J-91-677(a)
'i
9/26/91
RESOLUTION NO.
) ! _. ") 9 J
A RESOLUTION DENYING AN APPEAL FROM AND
AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION FROM ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 9, SECTION 903,
SUBSECTION 903.5 TO ALLOW THE EXTENSION OF
25' OF THE 0 OFFICE ZONING INTO THE R-1
ZONING DISTRICT TO ALLOW MANEUVERING SPACE ON
THE RESIDENTIALLY ZONED LOT FOR THE PROPERTY
LOCATED AT 316 SOUTHWEST 28 ROAD, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
ZONED R-1 FOR SOUTHEAST 25' OF LOT 19 AND
ZONED 0 OFFICE FOR THE SOUTHWESTERLY 80' OF
LOTS 15, 16, 17 AND 18 SUBJECT TO THE
FOLLOWING CONDITIONS: (1) THE CURBING FOR
THE INGRESS RAMP ON SOUTHWEST 28TH ROAD SHALL
BE DESIGNED IN SUCH A WAY AS TO STRONGLY
DISCOURAGE TRAFFIC FROM THE WEST FROM
ENTERING THE PROPOSED OFFICE BUILDING AND (2)
COMPLIANCE WITH A CERTAIN PLAN DATED MAY 17,
1991, PREPARED BY ZYSCOVICH, WHICH PLAN MUST
FIRST BE APPROVED BY THE CITY'S PLANNING,
BUILDING AND ZONING DEPARTMENT AND BY THE
CITY ATTORNEY AND FURTHER SUBJECT TO A
VOLUNTARY DONATION OF $1,500 BEING MADE TO
THE CITY OF MIAMI PRIOR TO ISSUANCE OF ANY
CERTIFICATE OF USE AND OCCUPANCY FOR THE
PROPOSED OFFICE BUILDING; SAID SPECIAL
EXCEPTION 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 15, 1991, Item No. 5, duly adopted Resolution ZB 39-91 by a
seven to two (7-2) vote, granting a special exception, as
hereinafter set forth; and
WHEREAS, a neighbor, Onie B. Luker, has taken an appeal to
the City Commission from the Zoning Board's decision; and
WHEREAS, the City Commission after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to deny
the appeal from the Board's action and to affirm the decision of
the Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY C014M xSION
MEE1711I OF
SEP 26 1991
y _I -- 695
RMIMa ft.
r
A
J-91-677(a)
9/26/91
RESOLUTION NO.
A RESOLUTION DENYING AN APPEAL FROM AND
AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION FROM ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 9, SECTION 903,
SUBSECTION 903.5 TO ALLOW THE EXTENSION OF
25' OF THE 0 OFFICE ZONING INTO THE R-1
ZONING DISTRICT TO ALLOW MANEUVERING SPACE ON
THE RESIDENTIALLY ZONED LOT FOR THE PROPERTY
LOCATED AT 316 SOUTHWEST 28 ROAD, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
ZONED R-1 FOR SOUTHEAST 25' OF LOT 19 AND
ZONED 0 OFFICE FOR THE SOUTHWESTERLY 80' OF
LOTS 15, 16, 17 AND 18 SUBJECT TO THE
FOLLOWING CONDITIONS: (1) THE CURBING FOR
THE INGRESS RAMP ON SOUTHWEST 28TH ROAD SHALL
BE DESIGNED IN SUCH A WAY AS TO STRONGLY
DISCOURAGE TRAFFIC FROM THE WEST FROM
ENTERING THE PROPOSED OFFICE BUILDING AND (2)
COMPLIANCE WITH A CERTAIN PLAN DATED MAY 17,
1991, PREPARED BY ZYSCOVICH, WHICH PLAN MUST
FIRST BE APPROVED BY THE CITY'S PLANNING,
BUILDING AND ZONING DEPARTMENT AND BY THE
CITY ATTORNEY AND FURTHER SUBJECT TO A
VOLUNTARY DONATION OF $1,500 BEING MADE TO
THE CITY OF MIAMI PRIOR TO ISSUANCE OF ANY
CERTIFICATE OF USE AND OCCUPANCY FOR THE
PROPOSED OFFICE BUILDING; SAID SPECIAL
EXCEPTION 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 15, 1991, Item No. 5, duly adopted Resolution ZB 39-91 by a
seven to two (7-2) vote, granting a special exception, as
hereinafter set forth; and
WHEREAS, a neighbor, Onie B. Luker, has taken an appeal to
the City Commission from the Zoning Board's decision; and
WHEREAS, the City Commission after careful oonsideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to deny
the appeal from the Board's action and to affirm the decision of
the Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COIAMSSION
MEETING OF
SEP 26 1991
y J - 695
arna M.
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 herein appeal from the decision of the
Miami Zoning Board to grant a special exception from Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, Article 9, Section 903, Subsection 903.5, to allow the
extension of 25' of the 0 Office zoning into the R-1 zoning
district to allow maneuvering space on the residentially zoned
lot for the property located at 316 Southwest 28 Road, Miami,
Florida, also described as Southwesterly 80' of Lots 15, 16, 17
and 18 and the Southeast 25' of Lot 19, Block 21, BRZCKELL
ESTATES SUBDIVISION, as recorded in Plat Book 17 at Page 50 of
the Public Records of Dade County, Florida, Zoned R-1 for
Southeast 25' of Lot 19 and Zoned 0 Office for the Southwesterly
80' of Lots 15, 16, 17 and 18 subject to the following
conditions: (1) the curbing for the ingress ramp on Southwest
28th Road shall be designed in such a way as to strongly
discourage traffic from the west from entering the proposed
office building and (2) compliance with a certain plan dated
May 17, 1991, prepared by Zysoovioh, which plan must first be
approved by the City's Planning, Building and Zoning Department
and by the City Attorney and further subject to a voluntary
donation of $1,500 being made to the City prior to issuance of
any certificate of use and occupancy for the proposed office
building; said special exception having a time limitation of
twelve months in which a building permit must be obtained, is
hereby affirmed.
Section 3. This Resolution shall become effective
immediately upon its adoption.
- 2 91- 695
4w
10,
PASSED AND ADOPTED this 2.8th day of September, 1991.
ATT
MA Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
1 : \'A
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
i'Quruw Tjbigs, III
CITY ATTO Y
GMM/xa/M2438
XAVIER L. �UAREZ, MAYOR
- 3 -
y1 - 61.95
ZONING BOARD
APPEAL
P�-11- A
Approx. 316 SW 28 Road
SW"ly 80' of Lots 15, 16, 17,
& 18 and the SE 25' of Lpt 19
Block 21 1.
BRICRELL ESTATES SUB. (17-50)
William Brody
c/o Jeffrey Bercow, Esq.
4000 Southeast Financial Center
200 S. Biscayne Blvd.
Miami, FL 33131
Phone 577-2945
R-1 Single Family Residential
(for SE 25' of Lot 19)
Special Exception from
Ordinance 11000, the ;oninq
Ordinance of the City of
Miami, Article 91 Section 903,
Subsection 903.5 to allow the
extension of 25, of the 0
Office Zoning into the R-1
zoning district to provide
maneuvering space on the
residentially zoned lot per
plans on file.
APPROVAL PER PLANS ON FILE.
The extension of regulations
for the 25' portion of the
subject lot of Office Zoning
into the Single amily
Residential Zoning r is
acceptable per plans on file.
No Comment.
No Comment.
Coral Way is a state road and
a driveway connection FDOT
Permit is required.
No Comment.
At its meeting of July 15, 1991,
the Zoning Board adopted Resolution
ZB 39-91, by a 7-2 vote recommening
approval of the above.
One OPPONENT and three PROPONENTS
were present at the meeting.
One reply AGAINST and three in FAVOR
were received Fy mail.
Letter of appeal dated July 29,
1991, from Onie B. Luker.
91_- 695
91- 695
/a
11
July 29, 1991
Onie B. Luker
341 S. W. 28th Road
Miami, Florida 33129
)epartment
Attn: Gloria Fox
Re: Appeal from Zoning Commission decision concerning
special exception for 316 S. W. 28th Road, Miami, FL
Gentlemen:
I wish to appeal a decision made by the Zoning Commission on July
15, 1991 on Agenda Item #5, a special exception regarding the
property located at 316 S. W. 28th Road in Miami.
Thank you.
en� . 4�<4�
Onie B. Luker
OBL/imp
n
Steel Hector & Davis
Mtafnt. Flortda
Jeffrey sercow
(306) 57? • 2945
December 19, 1990
Ms. Gloria Fox
Chief of the Hearing
Board Division
Miami Building and Zoning Department
275 N.W. 2nd Avenue
Miami, Florida 33128
Re: Application for Special Exception - Block 21, of BRICKELL
ESTATES SUBDIVISION
Dear Ms. Fox:
This law firm represents William Brody (the
"Applicant") in connection with the captioned application.
Applicant is the owner of the property located at 316 S.W. 28
Road, Miami, Florida, and more particularly described in Exhibit
A, attached hereto and made a part hereof (the "Property").
The Applicant seeks a special exception for the purpose
of developing an access ramp on the northwesterly portion of the
Property to serve a parking structure to be constructed on the
Property and on adjacent land owned by the Applicant.
Specifically, the Applicant requests that the regulations
applicable to one portion of his lot be extended twenty five
feet to apply to the other portion of his lot.
Property. The Property is part of an assemblage of
three parcels. The total acreage of the three parcels is 0.606
acres. The parcels are described in Exhibit B and are referred
to as Parcels A, B. and C therein. Parcel C is the Property.
Parcels A and B are located adjacent to each other, and
are zoned Office (11011). Both parcels are vacant. The Applicant
plans to construct an Office Building on Parcels A and B.
Parcels A and B are approximately 0.22 and 0.19 acres in size,
respectively.
The Property is located adjacent to, and northwesterly
of, Parcels A and B. The Property, however, is divided into two
zoning designations. The southeasterly portion of the Property
Miami Office
4000 Southeast Fnancyl Carnar
Miami FL 33131.23H
(305) 577 28M
Fax (305)358.1418
1900 Phdlgx Pond Wee
777 South F410er Drive
West Palm Beach. FL 33401.6190
(407) 650.7200
Fax 1407) 655.1509
215 South Monme
Suds W1
TaiWhame. FL 32301 - t804
(904) 222.2300
Fax (904) 222.8410
91 -
Steel Hector & Davis
Ids. Gloria Fox
December 18, 1990
Page 2
is zoned Office (11011). The northwesterly portion of the
Property is zoned Residential ("R-111). The Property is
approximately 0.20 acres in size.
There currently exists a single family home on the
Property which was built in 1948. The residence fronts on S.W.
28th Road, and has a backyard which is enclosed by a CBS wall
with a chain link fence. The residence spans both the
residential and commercial portions of the Property.
Reauest. The Applicant requests that a special
exception be granted to permit the construction of a parking
ramp on the northwesterly portion of the Property. The
Applicant requests this special exception pursuant to Section
903.5 of ordinance 11000 (the "Zoning Code") which provides, in
relevant part:
"In cases where zoning district boundaries divide a lot
of record at the time the boundary was established, the
Zoning Board ... may as a Special Exception authorize
the extension of regulations for either portion of the
lot not to exceed fifty feet into the remaining
portion...". (emphasis added).
Although half of the Property is zoned R-1, and the
other half is zoned O, the Property is a lot of record. Section
2502 of the Zoning Code defines a lot of record as "... any
platted lot(s) ..., intended as a single building site or unit
subject to the requirements, limitations and exceptions of
Chapter 54.5 Subdivision Regulations, Section 54.5-11 Building
permits... �� .
In relevant part, Section 54.5-11(e) of the Code of
Ordinances of the City of Miami (the "Code") provides an
exception to Section 2502 of the Zoning Code in instances in
which an applicant proves that the division of the lots of
record into separate parcels is described by deed prior to
September 25, 1946. Therefore, a parcel described by deed prior
to September 25, 1946 is a lot of record as described in Section
2502 of the Zoning Code.
For purposes of further clarification, however, we
submitted a request for interpretation to Joe Genuardi, a copy
of which is attached hereto as Exhibit C and made a part hereof,
regarding the definition of a lot of record. Mr. Genuardi
confirms in his response that the definition of lot of record as
set forth in Section 2502 of the Zoning Code is subject to the
exceptions set forth in Section 54.5-11 of the Code. He notes
that because of Section 54.5-11, a parcel described by deed
9"1~- 695
E,
Steel Hector & Davis
Ms. Gloria Fox
December 18, 1990
Page 3
prior to September 25, 1949 is the equivalent of a legally
platted lot. Consequently, this interpretation by Mr. Genuardi,
a copy of which is attached hereto as Exhibit D, supports the
conclusion that a parcel described by deed prior to September
25, 1946 is a lot of record as described in Section 2502 of the
Zoning Code.
We have attached hereto, as Exhibit E, a copy of a deed
dated January 12, 1946, conveying Parcel B from James E. Ray and
Mary K. Ray, husband and wife, to Mary J. Lechich, Lena Lechich
and Joseph E. Lechich. Since there is a deed dated prior to
September 25, 1949 describing the Property, it is a lot of
record as defined by Section 2502 of the Zoning Code.
COMRatibility. The requested special exception should
be granted because it is compatible with the nearby S.W. 3rd
Avenue character. In particular, the proposed use would be
compatible with the office uses along S.W. 3rd Avenue and to the
west of the Property.
Special Exception Standards. The requested special
exception should be granted for the following reasons. As noted
on the Site Plan, due consideration has been given to adequacy
of ingress and egress to the Property, to issues relating to
offstreet parking and loading facilities, and to concerns
regarding.signs and lighting. In addition, due consideration
has been given to the provision of utilities and drainage, and
to the preservation of natural features. In addition, care has
been taken to avoid any, and all, potential adverse effects
which may result by granting the proposed special exception.
Summary. The requested special exception is permitted
pursuant to Section 903.5 of the Zoning Code. Furthermore, the
special exception will permit a use of the parcel which is
compatible with the area, and which will help ameliorate the
parking constraints in the area.
RJN/410
92- 695 6
El
E1
APPLICATION FOR A CLASS 0 SPECIAL -PERMIT OR SPECIAL EXCEPTION
File Number OSE-83-
Within the City generally, or within certain zoning districts, 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, conditions, and safeguards 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 potentially adverse effecm it is fw ther tntended that the expertise
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
Permits and Special Exception& (See Artalcle44- I.
Formal public notice and hearing is not mandatory for CIan D Special Permits, but is
mandatory for Special Exceptions. In other respects, these classes of special permits
are the name.
The Zoning Board shall be solely responsible for determinations on applications for
Class D Special Permits and Special Exceptions. All applications in these classes of
special permits &hail be referred to the director of the Department of Planning for Ads
~recommendations and the dtredar shall make any further referrals required by these
regulations.
It JEFFREY BERCOW hereby apply to the: City of
Miami oning oars far approvar oi, check one:
Class 0 Special Permit
Special Exception
for property located at See Exhibit A
Miami.
Nature of Proposed Use (Be specific) Access ramp for parking structure that will
serve adjacent office building.
Form 10.83
Page I of 3
91- 695
at! the following in suwar't or exnia m ion or this G=icCricm
� _I. Two surv"-of tht property P� bY. a State of Florida Registered �
Stsveror.
,_.2. For cpim-of: site pion shawinq (as rewrea) proaerrn bossamies exittinq am
proposed mtacsvreis). parking, lanmoaaamc, scresstatq, etc building etem am of
requireo� with dimes ma is am carntscrtasiorns ai lot areo %gross ona net). LJJI ragas
(open+:dom floor ores. parking, etc.). buildinq spotcinq am hekPT envetaoe.
SM 8tettart =.=D1.2.:1cl•
x 3. Affidavit diseiasbW ownership of property eoverea by application and dhdosure of
Wwwr fornr(Form 4-83 arW a==&to
,_;,�.4. CartMied list of owner= of reciestate within 375'r raolous from the outsfde
bau ax im of propm ry covered by this o:*Ic=m% (See Form 6-83 atd attaett to
x
L At low two photographs that show the entire property (land and IrrrRrcvemert L
-6. Other must
x 7. Fee of $ 1, 606.00 , bmmce on following3
(a) Cass O $450.00
04 SamcidExcw ion $650.00
(c). Surchm a eauoi to appticcaie fee front (a)
be refwmd if there if no cmai Xtey Cal
Signature,
Name
not
at orykumonz= Agem
J F,r- 'F� F,
frey Bercow. Esq.
$650;
Steel Hector i Davis
Address 4000 Souther
200 S. Biscayne Bouelvard
City, State, T.ta Miami, Florida 33131
Ph" (305) 577-2945
STATE OF Fi_ORMA) SS:
COUNTY OF DADE
JEFFREY BMtCOW
being duly svyort+,
scow: ana sots tnat me is me tuwnert tavtnortzeaacentr or the rest property described
above: that he has reoa The foregoing actswers and that me same are true and =mjiete: and
(if ocrino m agent for owneri than he has authority m exeeuta this application form on
behctf of the owner.
Form 10-83
SWORN TO AND SUBSCRIBED
before me this '/ 2 r day
of �' «.. , i h•
MY COMMISSION EXPIRE::
192
r
Form W-83
(SEAu
Nwary t-Volttw zime Ct r tancia OT LC.'t?!;
Pact; 3 of 3
AF'�'�a
ww. _V _ _InV%
rTA7 A)
GM
CF DARE )
n
Befcre re • ,.::e u^Ye: w..FF,^:ec aL1/no. _ V, , v1..s 1.1a,r pe. lJJJ/
apmare JEPPREY etrCOW , wno ce_^g 7y r^e Sj dui-, Tworr. .
upon cat;, deposes ana says:
1. That he is the owner,, cr the legal representative of the
owner, _,% r.i tirg the accx:panyinrg application for a public hear:.rg as
requirry ty Cr'di ance No. 9500 cf the Code of the City of Miami, F lor: da,
effect xg t::e real p: opera: located i:1 the City of Miami as described and
listed on the pages attached to this af::.davit and :7a..de a pant thereof.
2. That all owners which he represents, if any, have given their
full and cocmlete permission for him to act in their behalf for the c:ange
or ma i lfication of a classification or regulation of zoning as set out :Ln
the accc-111..any2..-.g petition.
3. That the pages attached hereto and made a part of this
affidavit ccntain the =Trent names, mi l i ng addresses, phone rnmioers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts -as represented in the application and doctar.F--ts
suhr:sitted in conjunction with this affidavit are true and correct.
Ptuther Affian;, sayeth not.
Swot.. t0d and Subsc td before me
this .� "day of,,' - e, , ; .. L- 19 y 1
.� j �...�...�•• vw.rr .ram •
My C=mssion Expires:
91- 695/z)
OWNER'S LIST
Owner's Name William Brody
c/o Jeffrey Bercow, 88q.
Nailing Address Steel Hector s Davis
4000 Southeast Financial Center, 200 S. Biscayne Blvd.,
"elepnone ;�um0er Miami, Fla. 33131
Legal ;:escri:ticn:
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: �WAVW%\
Street Address N 0 fti R Legal Oescriotion
Street Address
Street Address
Legal Descriotion
Legal Description
I
DISCLOSURE OF OWNERSEIP
I. regal description and street address of suo3ect real property:
.5,ee. t < l-_.'. } A . e 7t-� I I r? (-t (
2. .Owner(s) of subject real orm*rty and percentage of ownership.
Note: City of Miami Ordinance No. :419 requires disclosure of all parties
raving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question t2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
William Brody
100%
c/o Jeffrey Bercow, Esq.
Steel Hector i Davis
4000 Southeast Financial Center
200 S. Biscayne Blvd.
Miami, Fla. 33131
3. Legal description and street address of any real property (a)
owned by any party listed in arwwer to question #2, and (b) located within
375 feet of the suoject real property.
NONE
STATE; OF FLORMA ) SS:
CWVM CF DADE }
JEFFR" BERCOW
, being duly
sworn, deposes and
says that ne is the (Gwner) (Attorney for Owner) of
the real
property
described in answer to question #10
above( that he has
read the
foregoing
answers and that the same are true and
ca, lete; and (if
acting as
attorney
LWL WWIIVL I r:iat he has authority to
fo= on oehalf of the owner.
execute this Disclosure f
/ I i
Ownersh'.
S; CEN TO AND SUSSCRMED
oefore me this
day of
For F�rr�
(SEAL)
91- 695
bqy C ;MISS Ill COX=;
Notary Puy ic, State of
Florida at Large
Street Address:
Legal Description:
a
316 S.W. 28 Road
Miami, Florida
The Northwesterly 50 feet of lots 15,
16, 17, and 18, and the Southeast 25
feet of lot 19, Block 21, of BRICKELL
ESTATES SUBDIVISION, according to the
plat thereof as recorded in Plat Book
17, at Page 50, of the Public Records of
Dade County, Florida.
RJN/439
PARCEL A: Lots 12, 13 and 14 inclusive, Block 21,
BRICKELL ESTATES SUBDIVISION, according to
the plat thereof as recorded in Plat Book 17,
at Page 50 of the Public Records of Dade
County, Florida.
PARCEL B: The Southwesterly 80 feet of lots 15, 16, 17
and 18, of BRICKELL ESTATES SUBDIVISION,
according to the plat thereof as recorded in
Plat Book 17, at Page 50 of the Public
Records of Dade County, Florida.
PARCEL C: The Northwesterly 50 feet of lots 15, 16, 17,
and 18, and the Southeast 25 feet of lot 19,
Block 21, of BRICKELL ESTATES SUBDIVISION,
according to the plat thereof as recorded in
Plat Book 17, at Page 50, of the Public
Records of Dade County, Florida.
91- 695 /[�
+� s
Steel Hector & Davis
Mom. nor+41
PC" 1 Nona
ON) S11 • MS
HAND DELIVERY
Mr. Joe Genuardi
Zoning Administrator
City of Miami
275 N. W. 2nd Street
Miami, Florida 33128
Dear Mr. Genuardis
EXHIBIT C
August 20, 1990
Page 1 of 4
FILE COPY
As a follow up to our meeting of August 81 19908 I submit
the attached Request for Administrative Determination.
Although we discussed the subject of the request at the
meeting, I would simply like to confirm our discussion.
Should you need further clarification or have any questions
whatsoever, please do not hesitate to contact me at your conve-
nience.
Sincerely,
C..
Ricardo J. Nunez
RJW/351
Enclosure
Me" 0■oa os Nam ANOW peN "011 Falco wow 2/6 80A MWW"
4000 sio WO! FiWcW CAW 12W Nmltbd" Cate 1 raln► baadt, FL UW Sub Sol
Mr,m, FL 33131.23is wm Fabn 4"OK FL 33101 •ad01 (401) $N.1200 Tema, FL 3=1.1XW
(J" on • 28Q0 (407) W • "m 0"2'2 - aw
fax (303135! 14 is fa (401) dSs t50s F"W WOq 9" 1in/V
91-. 695
■
a
EXHIBIT C
REQUEST FOR ADMINISTRATIVE DETERMINATION
File Number
To: Joe Genuardi, Zoning Administrator
From: Ricardo J. Nunez
Steel Hector & Davis
200 South Biscayne Boulevard
Miami, Florida 33131
(305) 577-2925
Page 2 of 4
I hereby request that you render an interpretation of the City
of Miami Zoning Ordinance by answering the following question:
Do platted lots divided into separate parcels
constitute a lot of record for purposes of Section 2502
of Ordinance 11000 of the City of Miami if said
division was described by deed prior to September 25,
1946, as set forth in Section 54.5-11(e) of the City of
Miami Subdivision Regulations?
Article 25, Section 2502, Subsection 1Lg
Signature
Ricardo J. Nunez
Date
RJN/345
W
EXHIBIT C
*Page 3 of 4
V/t stoticn. A building or structure which convoys lewege through pipes.
Vs 11 it flit
Lvirr gtasrtors, living quarts is a gentncc tear including dwelling units and lodging
units.
Laisdirq i*acility, o/jatrmet. A building, Structure, AM area used In the operation of
terminal facility. See also toedlng space, offstreet and lerth/Stall.
Lo&irr Ipaot, offstrmstt. M area in which goods and products are moved on and off a
vehicle, including the stall or Barth AM the apron or maneuvering room incidental thereto.
LOVOW unlit. Attached or $nWetached living quarters comprl$ed of furnished rooms) of
approalaettly 200 gross square feet or toss in arts, including Sanitary f64:1110eS but with only
limited titchus facilities. if any: not qulifying as a hailing unit or efficiency apartment:
occupied by translonts on a rental of dealt basil for limited periods of time,
Lot. A lot or lot of record Is any platted lattsl" tractW or parcel of tend, intended as
a single building site or unit, having an assigned number or numbers, letter or letters, or other
name thragh which It may be identlflod fen transfer or ownership for development, subject to the
requirements, limitations and oaceptlens of Chapter $4.5 Subdivlsien lagulatfanit, Section S4.1-11
Wilding permits: issuance: restrictions. exceptions. of the City Code. as vended. in no case
of division or combination by private action shall any residual lot N created which does not
meet the requirements of this ordinance and other applicable regulations.
Lot arm See tot area. gross.
Lot art. pan. flu not area of the tat. as defined herein, plus half of adjoining street
rights -of -may one y0 feet of any other public open Space such as parts. lakes, riven. bays.
public transit right-of-way And the like. for areas Included in applicable Spectai Oistricts
(SO-S, g, 1. to, it. td, 16), the gross lot arts shall include net area of the lot plus plus half
of adjoining sinot rights -of -way and 90 fett of any other public open space such at parks.
lakes, riven. lays, public transit right-of-way And the like. io both cases, where Such space
Adjoins lets M two Adj&cant sides, the arts thus added shall include the area required to
complete the gap otherwise left at the ineorsoction.
Lot area. we. The total area within the lot lines excluding any street rights -of -way or
other "Ind dedications.
Lot. onibmirg. A parcel of tend setting the requirements of this ordinance as to
dia runs (width, depth, or area) and access.
Lot. corim /. A lot or parcel of land &0uttfrq wpon two Or more Street$ at their
Intersectlen, or upon two parts of the same street forming an interior angle of less then 135
dagroo, The frontage of a corner lot %Sall be doeood to M the narrower of the two sides
Abutting a street or, in the case when the two abutting tides are of equal length, the frontage
shall be determined by the Applicant At the time of the first building persait.
Lot aauemp. The are& of the lot occupied by Alt buildings, excluding structures such at
decks. peell, awning$ AM CAMPS".
Lot, interior. A lot or parcel of land ewtting upon only one Street.
Lot. irreigidor. A lot or parcel of land so located, shap/d, or orlented to adjacent lot%
that gpllcatl a of general me&eYremtnt Mthads or yard regYtrlmontl larval no Significant
purpose,
Lot. aawMibirnirg. A parcel of ionic with dimensions or access not meeting minimum
requirements of this Ordinance as passed or ameMod which:
(a► (stated at the tier of passage or amendment of this ordinance, or
(b) Val sane deficient in dimensions or access, or hd its deficiency increased. at a
result of public taking, or
(c) Vas created or eagle deficient in dhunsiens or access by order of a Court of competent
Jurisdiction under cinv stance$ whore justice Or agmity preclude e$taplisheent of
Conforming lots.
91- 695 �,/
Ok
a
154410
EXHIBIT C
SUBDIVISION REGULATIONS
surety to insure the accomplishment of subdivi.
sion improvements will be acceptable.
(1) Any bond written by as approved domestic or
foreign surety company shall Comply with the
appropriate section of the Florida %tut.pe.
The bond shall Woo cant' the name and ad•
drew of a local representative. Said surety
bond shall be for an initial period of one (1)
year, and shall be automatically extended in
increments of one (1) yeas until the subdi•
vider and the surety company► are notified in
writing of the completion and acceptance of
the subdivision improvement by the superri-
sor of plat&
(2) Caahises check, drawn on a local bank, to be
returned to subdivlder on cerddation Of COW
ple� acceptanced wbdvbd°Improve*�the Ofp��
(3) knvocabb letter of credit drawn on a local
bank, valid for an initial period of one (1)
year, with automatic renewal in tnarements
of one (1) yea: until the subdivider and the
issuing bank are n* Aed in writing Of the
completion and amptaaa of the subdivision
improvements by the saperviaw OWL (Ord.
No. MU, 11. 3•244 M
Sec. 64M1. 81peter Mstuano% n*io.
dons; excepdons.
(a) No building. paving, remodeling or renova.
tion permits shall be issued for any structure, or
other on -sits improvements, on any land for which
a plat has not been recorded in the public records
of the county or on a lot of record that has been
divided Into separate parcels, except u bersind.
ter provided.
(b) No completei partial or temporary osrtiA-
cats of urs and/or occupancy shall be Issued by
the city for any structure on mW lot in the subdi.
vision unless or until all Of the required subdivi.
sion improvements are completed.
(c) A building, remodeling or renovation per-
mit may be issued for constructing, remodeling or
Supp. Ns. 36
Page 4 of 4
154 5.11
renovating a one -family detached dwelling and
customary accessory buildings on a parcel of un•
platted land or on a lot of record that has been
divided into separate parcels, if proof is submit•
ted that said unplatted parcel war described by
deed prior to September 25, 1946. or said division
of lot was approved under toning regulations in
effect prior to June 27, 1983. Further provided
that any necessary right-of-way be dedicated and
a covenant be executed to comply with require•
ments of the Code concerning street improvements.
(d) A permit may be issued for the repair, re-
modeling or renovation of a conforming or non-
conforming building (other than a one -family de-
tached d veiling and euetomary accessory buildings).
structure or parking lot on a parcel of unplatted
land or on a lot of record that has been divided
into separate parcels, if proof is submitted that
said unplatted parcel was described by deed prior
to September 25, 1946. or that said division of lot
was approved under zoning regulations in effect
prior to June 27. 1983. Said permit will be for
ordinary repairs, remodeling or renovation, for
repairs or replacement of nonbearing walls (or of
bearing walls where necessary for structural. safe-
ty), futures, wiring or plumbing to an extent not
exoeeding those applicable provisions of Ordinance
9M. w amended, and/or the South Florida Build
iM Cods whichever is more restrictive.
(a) A building permit may be issued for roc
struction of a building (other than a one -family i
detached dwelling and custonuwy accessory build.
ing), structure or parking lot on a lot, or lots, of
record that has been divided into separate par•
cels, it proof is submitted that said division was
described by deed prior to September 25, 1946, or
that said division was approved undei zoning regu.
lations in effect prior to June 27,1983.
0 A permit may be issued for the construction
by the city, its agent or lessee on city -owned land.
platted or unplatted, of a structure or other on -
site improvement& JOrd. No. 9684. 11. 3.2443;
Ord. No. 9961. 11.2.14-6)
"toes node-0rdimu" No. OW it the eity's rooiog W.
diasue. publiaW separsisly. roe Sov A Pbrida ewlduy
Cods is also evailabta, as amended, sepanLsly tiom this Code.
3671
91- 695 /?
EXHIEIT D
NO for
SERGIO RODRIGUEZ. AICP `
= r•• —
Director -
August 24, 1990
Mr. Ricardo J. Nunez
Steel Hector & Davis
4000 S.E. Financial Center
Miami, FL 33131-2398
Re: Lot of Record
Dear Mr. Nunez:
0
Page 1 of 3
CESAR H. ODIO
Gtr Manage,
This is in response to your letter of August 20, 1990 and to
confirm the information I gave you at our meeting of August 8,
1990 in reference to a lot of record.
Article 250 Definitions of the City of Miami Zoning Ordinance
11000, as amended, describes a lot or lot of record as per
attached sheet. It refers to and subject to Chapter 54.5
subdivision Regulation, Section 54.5-11 of the City of Miami
Code. This chapter which is under the jurisdiction of the City
of Miami Department of Public Works, beside legally platted lots
under subsection (c) (d) and (e), states that permits will be
issued for a portion of a parcel of land which was created by
subdivision, if proof is submitted that said parcel was described
by deed prior to September 25, 1946.
At the time you or your client applies for a permit the required
information should be presented to the Department of Public
Works.
If you require
contact me again.
JAG/jg
cc: File
any further information, please feel free to
Very truly yours,
.0 4
JMEA. GENUARDI, P.E.
dministrator
PLANNING, BUILDING AND ZONING DEPARTMENT
2'5 N W 2nd Street: O 80: 330700iMiami. FL 33233-070Ei130Si 350.7957
91_ 695
V _ .4
M
EXHIBIT D
SERGIO RODRIGL,EZ, AICP
PFp
'
�uu
Director -
August 24, 1990
Mr. Ricardo J. Nunez
Steel Hector & Days
4000 S.E. Financial Center
Miami, FL 33131-2398
Re: Lot of Record
Dear Mr. Nunez:
0
Page 1 of 3
CESAR H. ODIO
CGt� manage,
This is in response to your letter of August 20, 1990 and to
confirm the information I gave you at our meeting of August 8,
1990 in reference to a lot of record.
Article 25, Definitions of the City of Miami Zoning Ordinance
11000, as amended, describes a lot or lot of record as per
attached sheet. It refers to and subject to Chapter 54.5
subdivision Regulation, Section 54.5-11 of the City of Miami
Code. This chapter which is under the jurisdiction of the City
of Miami Department of Public Works, beside legally platted lots
under subsection (c) (d) and (e), states that permits will be
issued for a portion of a parcel of land which was created by
subdivision, if proof is submitted that said parcel was described
by deed prior to September 25, 1946.
At the time you or your client applies for a permit the required'
information should be presented to the Department of Public
Works.
If you require
contact me again.
JAG/jg
cc: File
any further information, please feel free to
Very truly yours,
JQMEA. GENUARDI, P.E.
dministrator
PLANNING, BUILDING AND ZONING DEPARTMENT
275 N W 2nd Sweet- P O Bo: 33070EiMiaml. FL 33133-0705/13051 350-'9S7
91- 695
1W go Page 2 of 3
EXAIBIT D
Lift station. A building or structure which conveys sewage through pipes.
Cluing quarters. living quarters is a generic term including dwelling units and lodging
units.
Fading Facility, offstreet. A buildirg, structure, and area used in the operation of
terminal facility. See also Loading space, offstreet and Berth/stall.
Loading space, ottstreet. An area in Mhich goods and p:odicts arc vnryed on and off a
vehicle, including the stall or berth and the apron or maneuvering room incidental thereto.
Lori ng tout. Attached or semi-detached living quarters comprised of furnished room(s) of
approximately 200 gross square feet or less in area, including sanitary facilities but with only
limited kitchen facilities, if any; not qulifying as a dwelling unit or efficiency apartment;
occupied by transients on a rental or lease basis for limited periods of time.
Lot. A lot or lot of record is any platted lot(s). tract] or parcel of land, intended as
a single building site or unit, having an assigned number or numbers, letter or letters, or other
name through which it may be identified for transfer or ownership for development, subject to the
requirements, limitations and exceptions of Chapter 54.5 Subdivision Regulations, Section 54.5-11
Building permits; issuance; restrictions, exceptions, of the City Code, as amended. In no case
of division or combination by private action shall any residual lot be created which does not
meet the requirements of this ordinance and other applicable regulations.
Lot area. See Lot area, gross.
Lot area, gross. The net area of the lot, as defined herein, plus half of adjoining street
rights -of -way and 70 feet of any other public open space such as parks, lakes, rivers, bays,
public transit right-of-way and the like. For areas included in applicable Special Districts
(SO.5, 6, 1, 10. 11, 14, 16), the gross lot area shall include net area of the lot plus plus half
of adjoining street rights -of -way and 90 feet of any other public open space such as parks,
lakes, rivers, bays, public transit right-of-way and the like. in both :a:es, where such space
adjoins lots on two adjacent sides, the area thus added shall include the area required to
complete the gap otherwise left at the intersection.
Lot area, net. The total area within the lot lines excluding any street rights -of -way or
91- 695 490
EXHIBIT D Page 3 of 3
154.6 10 SUBDIVISION REGULATIONS 1 54.5.1 l
surety to insure the aocomplishment of subdivi.
sion improvements will be acceptable.
(1) Any bond written by an approved domestic or
foreign rarefy company shall comply with the
appropriate section of the Florida Statutes.
The bond shall also cam the name and ad-
dress of a local representative. Said surety
bond ahall be for an initial period of one (1)
year, and &hall be automatically extended in
increments of one (1) year until the subdi-
vider and the surety company are notified in
writing of the completion and acceptance of
the subdivision improvement by the supw ri-
sor of plats.
(2) Cashier's check, drawn on a local bank, to be
returned to ab&vidw on catficaltion of com-
pletion and scosptame of subdivision improve-
ments by the supervisor of plats.
(3) Irrevocable letter of credit drawn on a local
bank, valid for an initial period of one (1)
year, with automatic renewal in iminwnts
of one (1) year until the subdivider and the
issuing bank we notified in writing of the
completion and acceptaaa of the subdivision
ianpravameats by the supervisor of plats. (Ord.
No. 9684, 11. &U43)
Sec. 54A.11. Hate p I Ift; lMwLnoe; tooft o-
tiolm excepdoz&
(a) No building, paving, remodeling or renova-
tion permits &hall be issued for any structure, or
other onsite ' -ove rents on any land for which
a plat has not been recorded in the public records
of the county or on a lot of record that has been
divided into separate parcels, except as herei af-
ter provided.
(b) No complete, partial or temporary certifi-
cate of use and/or occupancy shall be issued by
the city for any structure on any lot in the subdi-
vision unless or until all of the required subdivi-
sion improvements are completed.
(c) A building, remodeling or renovation per-
mit may be issued for constructing, remodeling or
8upp. No. X
renovating a one -family detached dwelling and
customary accessory buildings on a parcel of un-
platted land or on a lot of record that has been
divided into separate parcels, if proof is submit•
ted that said unplatted parcel was described by
deed prior to September 25, 1946, or said division
of lot was approved under zoning regulations in
effect prior to June 27, 1983. Further provided
that any necessary right-of-way be dedicated and
a covenant be executed to comply with require-
ments of the Code concerning street improvements.
(d) A permit may be issued for the repair, re-
modeling or renovation of a conforming or non-
conforming building (other than a one -family de-
tached dwelling and customary accessory buildings),
structure or parking lot on a pawl of unplatted
land or on a lot of record that has been divided
into separate parcels, if proof is submitted that
said unplatted parcel was described by deed prior
to September 25, 1946, or that said division of lot
was approved under zoning regulations in effect
prior to June 27, 1983. Said permit will be for
ordinary repairs, remodeling or renovation, for
repairs or replacement of nonbearing walls (or of
bearing walls where necessary for structural safe-
ty), futures, wiring or plumbing to an extent not
exceeding those applicable provisions of Ordinance
9500, as amended, and/or the South Florida Build.
ing Cody whichever is more restrictive.
(9) A building permit may be issued for con—
struction of a building (other than a one -family
detached dwelling and customary accessory build•
ing), structure or parking lot on a lot, or lots, of
record that has been divided into separate par•
cols, if proof is submitted that said division was
described by deed prior to September 25, 1946, or
that said division was approved under zoning regu-
lations in e8'ect prior to June 27, 1963.
v
(f) A permit may be issued for the construction
by the city, its agent or lessee on city -owned land,
platted or unplatted, of a structure or other on -
site improvements. (Ord. No. 9664, S 1, 3-24-83;
Ord. No. 9961, 11. 2.14.85)
9~6 sots —.Ordinance Na 9500 is the city's rosins or.
dinana, published separately. The SousA !'brads Budding
Code is also available, as amended, ssparateiy tram this Code.
3671
91- 695 401
E
Q;W118
EXHIBIT `E
0
{�. Netts a ate.�A.r..n,,,.
121MM JM 9. LT sad l�iY t. "
of dte come" of Dods in them tt.tr of nerw pefutt of the nm pest` ow
MART J. LE®IC'i. UWA L!C11ICR and JOSVE J. L.RCRICt.
of dw CA" of— is tk.• •n*r at nerwti, tart its of tbs wr4md paea
WrI'NESSCM Tbet do tail panto• of dr• 11ril1 pier% for and V e+ariirw14 of the aara Iff
Joe D.glla 10 OO)and other rood sae Telso$ •_- - - �
/ is- thn he hated Paid by the part-1lkol tho 4n•.10.1 part. the r•+.ipt .horwf is he"T
f WL"wledpd.. ..have pir„nt..l "rpinod anJ .d.1 to r4. &4iJ part.laa ,.f the W4,"ed pun,
tboir __Jaite and anions, ferv►rr. the following dew�ihr.l lend, sitnaar. 1•ias and ►visa Is the
' CA" of..... Dads o,.,f ttatp J Florida, Wwit: '
The Southerly Twootyflvo (25) root or Lot Nisotoon (19) and
0 the itorthorly Fifty (50) feet of Lots Fifteen (15), Sixteen (16).
So toes (17) end 21thtoom (1?) of block T•enty-one (21) or
••ORICK LL SSTATZS, sceordiog to the Plat thereof recorded is Plat
e �' Scok 17, at Page 50 or the Public Records of Dodo County. Flerila
4 Also described ant
' The North Fifty (50) foot of Lots Fifteen (15). Slateen (16) '
Soventosa (17) and E1 hten (IS). sod the Scuts Twssttt)-flve (25)
feet or Lot Risatoes (19).Slook roost?-,ne (21). of PRICY= t ,.
rsSTATIS, a subdivision aeeordlmr tc the plat theroof, recorded
is Plot book 17, at Pots 50 or the Public Records of Do•e County,
J► Florida.
Subject to a tarot mortgage given by Jeers I. Ray and Mary t. 16y, his 4te, to
First Pedoral Savings and Lees Association of Mimi, dated October 4, 1938 and re•
corded October L, 193S, under Clerk's Pile Flo. L-3W6 of the Public Records at thf- 5
Clerk of the Circuit Court, Dade County, Fla., securing on ladsbtedooss of K".
evidenced by one ante or even dote, together with interest at the rate of 5J19 perm
aaa m, said principal sad interest payable in monthly installxtents of UA 00 ter
the first 36 months, and 433.60 thereartar.
Subject to a second mortgage gives by Jeaeo X. May sod Mary I. Xay, his wife, to tv
First Federal Saviats end Loss lsoodstion at Mimi, dated November 25, 1943 tlledg'
Y. November 26, 1943. recorded Is Mortgage book 1L54 at Peg• 138 of the Publio Assord�
t, of the Clerk of the Circuit Court, Dodo County, r1a., seeurieg as indebted,.•• of
12,C00. with intervat at the rate or 5.4d per mama, payable is *oothly Install -
seats of 150,00 cash ineluftrt principal and laterest,
` W 6e acid peeUtL of the Mee pan do,.-- bomby tuft warwst the ddr t. said ImL and Wim 'r
•1
.. 40(sed do even ova" the lowftd almiee of a0 pwe wbo memo s. t
`s
Vil W1714!!S Mr8ERWY, do oeN prL.Rt of do fled peat_. Mn—barasmee em thl11=
,q
b eLL said =aL&Abe day smid toed Am edam
IWA assiad and doused in do posses oft
4
�`ledes •
• - - — flRAL1
91- 695 4201
I
4 4
�r
4
lTATR oT n.ae:rA =,
' COVPIII•T OT "ALE
I RERENT aRTITY that on this day portnaallt awaat'ad wars me, as offleer defy @utim iow
z
to •tbeiat@mr oath@ and take acknowledgments._, AYES !RAY•sne' WkY K. RA2. hus_%,pnd L4A
Y wife rvepoetirely.
b ttr well home to be tho pere@o! dewribed In aed whn eterute.l tbo femoins deed and eeknw►
�r Zet WV4 Were me that =`oy "t"Ma.d the rrrna Nw h ,nd •olom.rily for the parp+.r theme @n.
i, r1 i pr.eed.
WrrM ,t my band ud efneta) @cal at... _ . Yi wu -- - - — - —
• J CsmeF of ha- Sub of-_ }1 ,rtde tAls_l�_ti
• i
E No" Nuis, Sum of Florida
Q.
r �� iL
�F
"s•
!� S= "3 y z L If^ M
I = ., .04 t.. • C6
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i I I Z. I C Ir r• �i o ..
('� b i l'• ! Gr e
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t • R1 t: I ; ►{-� pi a t►
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91- 695