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HomeMy WebLinkAboutR-90-0730J-90-580 (b ) 10/24/90 RESOLUTION NO. 9 O 730 El A RESOLUTION REVERSING THE DECISION OF T1 ZONING BOARD AND GRANTING A VARIANCE FRI ORDINANCE 9500, AS AMENDEDt THE ZONI1 ORDINANCE OF THE CITY OF MIAMI, SCHEDULE i DISTRICT REGULATIONS, PAGE 1 OF 6, MINIM OPEN SPACE REQUIREMENTS, TO ALLOW T EXISTING ADDITIONS TO THE SINGLE-FAMI'. RESIDENCE PROVIDING A LOT COVERAGE OF 1,9 SQUARE FEET OR 55% (11622 SQUARE FEET OR 4 MAXIMUM ALLOWED); A WEST SIDE YARD OF 1. (5' REQUIRED), AN EAST SIDE YARD OF 3' REQUIRED) AND A COMBINED YARD AREA OF 4. (15' COMBINED YARD REQUIRED) FOR T PRINCIPAL STRUCTURE; A REAR YARD OF .04' (1 REQUIRED) AND A WEST SIDE YARD OF .2' ( REQUIRED) FOR THE UTILITY ROOM FOR 7 PROPERTY LOCATED AT 3157 SOUTHWEST TERRACE, MIAMI, FLORIDA (MORE PARTICULAP DESCRIBED HEREIN), AS PER PLANS ON FII ZONED RG-1/3 GENERAL RESIDENTIAL (ONE AND I FAMILY); THIS VARIANCE BEING SUBJECT TO I CONDITION THAT AT SUCH TIME THAT 7 OWNERSHIP OF THE PROPERTY CHANGES, 7 VARIANCE SHALL TERMINATE AND THE PROPEF WILL HAVE TO BE BROUGHT INTO COMPLIANCE W] THE ZONING ORDINANCE OF THE CITY OF MIAMI EFFECT AT THAT TIME. WHEREAS, the Miami Zoning Board at its meeting of May 21, 1990, Item No. 5, adopted Resolution ZB 48-90 by a nine — to zero (9-0) vote, denying the variance as hereinafter set forth; and WHEREAS, the applicant has taken an appeal Commission from denial of the Variance; and WHEREAS, the applicant has voluntarily proffered a covenant which will ensure that the property will be brought into compliance with the zoning ordinance at such time that the property changes ownership; and WHEREAS, the City Commission, after careful consideration 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; CommQ i vop�c or ++gw _ SEP XT Mf 0 { sS.M3rtrtu`rWi,.l'.M'YK4{uM1MT[y40'Kd+PkS N(iar, THER9POR8, BE IT RESOLVED By THE COMMISSION Olp THE CI'iy i OF MIAMI r FLORlbAt Section 1. The decision of the Miami Zoning Board in this flatter is reversed and the request for a variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, schedule of District Regulations, Page 1 of 6, minimum, open space requirements, to allow the existing additions to the { single-family residence providing a lot coverage of 11925 square feet or 55% (1,622 square feet or 43% maximum allowed); a West side yard of 1.5' (5' required), an East side yard of 3' (5' required) and a combined yard area of 4.5' (15' combined yards - required) for the principal structure; a rear yard of .04' (10, = required) and a West side yard of .2' (5' required) for the = J utility room for the property located at 3157 Southwest 24 Terrace, Miami, Florida more particularly described as South 1/2 of Lot 10, Block 3, THE PINES as recorded in Plat Book 5 at Page 76 of the Public Records of Dade County, Florida, as per plans on file; zoned RG-1/3 General Residential (one and Two Family), is - - hereby granted subject to the condition that at such time that _'A the ownership of the property changes, the Variance granted by _ this resolution shall terminate and the property will have to be brought into compliance with the zoning ordinance of the City of Miami in effect at that time. - Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 27th day of September 1990. '- , ;y �r. -- XAVIER L. SOAREZ, YOR ac ATTES y- MATT HTRAT, CITY CLERK "? F <e' 53— a 2 -2- J". 90— 7 ,. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMOAANDUM to Guillarrro E. Olmedillo Deputy Director planningt Building Zoning FROM : Irma M. Abel,la Assistant City Attorney DATE August 27 t 1991 A�►90=i�� t- SUSACT Blanca Espinosa Covenant f r property at 3157 S.W. 4th Terrace REFERENCES •`, � ENCLOSURES. Enclosed is the original executed covenant submitted by the applicant on the above -referenced matter. Said covenant, and the Opinion of Title also submitted by the applicant, meet the Law Department's approval. Ms. Espinosa is aware that she must pay the fees required for the recordation of the covenant. IMA/lb/P606 = cc: Sergio Rodriguez — Assistant City Manager Gloria Fox, Chief, Hearing Boards Div. Planning, Building & Zoning Joseph Genuardi, Zoning Administrator Planning, Building & Zoning T. Matty Hirai, City Clerk C-, , � s fr, G. Miriam Maer ­4 --f c ' Chief Assistant City Attorney --c t7 CO nl u r. i t(' 4 , ►, AUG 28�tt�. THIS DECLARATION OF RESTRICTIVE C` NANTE� B'Y01SLA�tCA 2 - .- s Tt 1z' — i { ESPINOSA, the fee simple owner of the subject h �{I("f Owner i �►�`Y GF ��IIAA � in favor City Miami, Florida, Munitiss(i'y the - of the of a of State of Florida. WITNEgBETH� WHEREAS, the Owner controls fee simple title, and is the — 3 owner of a certain property the ("property") in the City of Miami, Florida the ("City") located at 3157 S.W. 24th Terrace, Miami, Florida and legally described mar _i South 1/2 of Lot 10, Block 3, THE PINES, according — ^; to the plat thereof as recorded in Plat Book 5, at - -' Page 76, of the Public Records of Dade County, - Florida, a/k/a 3157 S.M. 24th Terrace, Miami, = Florida 33145 = E l WHEREAS, the owner applied to the City of Miami for the — �i approval of a variance of Ordinance 9500 as amended, the zoning - ordinance of the City of Miami schedule of district regulations, — page 1 of 6 minimum open -apace requirements, to allow the family — it existing additions to the single residence providing a lot coverage of 1925 square feet or 55% (1622 square feet or 43% i maximum allowed); a West aide yard of 1.5' (5' required); an east side yard of 3' (5' required) and a combined yard area of 4.5' — i, (15' combined yard required) for the principal structure; a rear - - -? yard of .04' (10' required) and a west side yard of .2' (5' 1 �j required) for the utility room for the above reference property. — i -i - WHEREAS, Owner aeeka to comply with the conditions attached v by the City Commission to the grant of variance that at such time �- t the Property changes ownership, the variance granted shall terminate and the property will be brought into compliance with the zoning ordinance of the City of Miami in effect at that time, ands WHEREAS, the Owner seeks to comply with the.conditi4na attached by the City Commission to the grant of variance that at -° ouch time that the property changes ownership, the ogistia4, r additions to the Property will be brought into compliance with yF �S i the standards and regulations of the South Florida building Code, Y t. in sffoct at that tisal and, WHHRR!►8, the Owner therefore agrees and is desirous of raking a binding comaits►ent to assure that the provisions of this Declaration are carried outs f NOW THbREPORN, the owner voluntarily covenants and agrees# z That the Property will be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owner of the Property, her heirs and assigns as follows: — 1. Owner acknowledges that the Property has been granted a variance from Ordinance 9500 as amended, the zoning ordinance of the City of Miami, by Resolution No. 90-730 passed and adopted September 27, 1990. 2. At such time that the Property changes Ownership, the variance granted shall terminate and the Property be brought.into compliance with the zoning ordinance of the City of Miami in effect at that time. 3. At such time that the property changes ownership the existing additions to the Property will be brought into compliance with the standards and regulations of the.South Florida Building Code in effect at that time. 4. Effec&Ive Date. Once the above -referenced grant of variance has become final and non -appealable this instrument shall constitute a covenant running with the title to the Property and be binding- upon the Owner, her successors and assigns. These restrictions shall be for the benefit and limitation upon all present and future owners of the Property:and `. for the public welfare. 5. Amendment and Modification. This instrument "xaysbe modified, amended or released as to any portion of the Property by *,written instrument executed by the then owner of the -fee- ' simple title to the land to be effected by such modificAtion amendment or release providing that the some has been approved key ' �= the City of Miami City Commission after a public hearing the -2- j s -777R� AIN 6XVent6b Of which Mall be paid for by Owner. Should this instrument be to modified, amended or released, the Director Of the Plaftningp building and Zoning Department or his successor, shall execute a written instrument in recordable f*tt ,effectuating and acknowledging such modification# amendatnt or release. b. erii of.CoMenant. 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, her successors and assigns for an initial period of thirty (30) years from the date this instrument in recorded in the public records and shall be automatically extended for successive periods of ten (10) years 07 thereafter or, as long as the variance granted by Resolution No. 90-730 remains in effect, whichever in longer, unless modified amended or released prior to the expiration thereof. 7. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours, to determine whether the conditions of this declaration are being complied with, so long as reasonable notice is provided to the fee simple owner, its successors or assigns, before said official inspector enters the Property. 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 any party or person violating or attempting to violate any covenants, 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 should be In addition to any other remedies available under the law. a. This covenant shall be recorded in the Public Record, of Dad* County, Florida at the cost of the Owner and the, provisions thereof shall constitute a covenant running with,the. land and shall remain in full force and effect and be binding" upon the Owner, her heirs, legal representatives, totatef successors, grantees, and assigns. -F. - X OR ww 9. All purchasers of the Property from the Owner shall be informed of the existence of this covenant. 10. invalidation of any one of these covenants by judgment of Court dhall not effect any of the other provisions of this declaration, which shall remain in full force and effect. IN WIT9289 Manor, the undersigned has set her hand and seal this day of March, 1991. STATE OF FLORIDA ass COUNTY OF DADE BEFORE ME, the undersigned authority personally appearea h BLANCA ESPINOSA and that she had authority to execute the foregoing instrument for the purposes expressed therein. Sworn and Subscribed before me on this day of March, 1991. r LA NOTARY --MLIC, 8 Wate; My Commission Expires, NOTARY PUBLIC. STATE OF FLORIDA. ip MY COMMISSION WIRES: FEB. 20. 1994. 1110MOSCITIOU NOTARY "two unaaawmT&FAW L ' A. Z1, -4- w � ,.. _ tit^' i•b,ICON _ n J- :t F ttv of a M t �t a rj� E L FERNANDEZ1 � 1 { ICJ N I� i City Attorney �,LI �`'� 13051 Sit)•6300- _ • , -� t .• fielecopier: 13► 3r1.1�3e NII/o IMn JF � • August 14, 1991 Carlos L. Fernandez, Esquire 2121 Ponce de Leon_Boulevard - Suite_240 Coral Gables, Florida 33134 Re: Blanca Espinosa Covenant for Property at 3157 S.W. 24th Terrace Our File No. A- -' Resolution•No -730 Dear Mr. Fernandes: I have reviewed your letter dated August 9, 1991 and the revised Opinion of Title on the above -referenced matter. { A,' Said opinion states that title to the subject property is vested in Blanca EspinoAa, a widow. According to our records, Y` the owner of the property is Blanca Espino&a, spelled with an "s" rather than a "s".R x 4 01 'sy4�"1 i f i art i +y' 1V �� Y: OFME OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/MUtmi, Florsda MII r. Carlos L. Fernandez, Require August 14, 1991 Page 2x. Please amend the Opinion of Title to show the correct -spelling for Mo. Espinosa's name. Sincerely, Irma M. Abell& Assistant City Attorney IMA/lb/P587 cc: Blanca Espinosa (Certified Mail, Return Receipt Requested) 3157 S.W. 24th Terrace Miami, Florida 33145 Tony Sacerio, (Certified Mail, Return Receipt Requested) P.O. Box 450857 Miami, Florida 33145 Jorge L. Fernandez, City Attorney Sergio Rodriguez, Assistant City Manager Guillermo E. Olmedillo, Deputy Director Planning, Building a Zoning Gloria Fox, Chief/Hearing Boards Division Planning, Building a Zoning Matty Hirai,, City Clerk G. Miriam Maer,, Chief Assistant City Attorney � rr► J'o July 310 1991 Carlos L. Fernandez, Esquire 2121 Ponce de Leon Boulevard Suite 240 R, Coral Gables, Plorida 33134 Re: Blanca Espinosa Covenant for Property at 3157 S.W. 24th Terrace Our File No. A-913-798 _ solution No 0-73 Dear Mr. Fernandez: I have reviewed your letter dated 24p on the a arely above -referenced matter, and my comments as follows91 _ - 1. I need to know the deed or title insurance policy _upon which you base your Opinion of Title, and whether this "point beginning" or other opinion goes back to the of T valid root of title.` 2. Please advise the date and time up through which you examined title to the property in question. 3. Please provide me with evidence that, upon Silvio :�- Espinosa's death, Blanca Espinosa became the sole owner of the subject property.~ Enclosed is an Opinion of Title which you may want to use as in that a sample in revising your letter of July 24, 1991, order ,^ it will meet with our approval. OFFICE OF THE CITY ATTORNEY/1100 Amerifirst suiidlntlone Southeast Third Avenue/Miami, Florida 3�131 f* t y j � J.0 s a r Carlos L. pernandesr 96quire July 310 1991 page 2 If you have any questions, do not hesitate to call me. Sincerely, Irma M. Abella Assistant City, Attorney IMA/lb/P568 cc: Blanca Espinosa (Certified Mail, Return Receipt Requested) ti 3157 S.W. 24th Terrace Miami, Florida 33145 Tony Sacerio P.O. Box 450857 Miami, Florida (Certified Mail, Return Receipt Requested) 33145 Jorge L. Fernandez City Attorney Sergio Rodriguez Assistant City Manager Guillermo B. Olmedillo, Deputy Director Planning, Building & Zoning s CARtAW L. PleAKwxous ♦ "Mlt AT tArl to 004M rxuw" IlW_ Wn No COdiAL:iA U& f't+OOft 3*3 4 h., — i r- r. „J.tt July 24, 1991 z~ City of Miami T;— city Attorney 1100 Amerifirst Buildings-- One S.L. 3rd Avenue `- Miami, Florida 33131 Att, Irma M. Abella RE# Blanca Espinoza Covenant for Propertys 3157 S.N. 24th Terrace Our File Sos A-90-798 Deer Hs. Abellas As you know, I represent Blanca Espinosa the owner of the - above property. I an a practicing attorney in Dade County, Florida. I was admitted to the Florida bar on May 14, 1982 and I as a member in good standing. My Florida Bar Number is 340685. I have reviewed the public records and it is my opinion that Blanca Espinosa is the sole owner and has good and proper title of the property located ats 3157 S.M. 24th Terrace Miami, Florida Legally described ass South 1/2 of Lot 10, Block 3, THE PINES, According to the Plat thereof as recorded in Plat Book 5, at Page 76, of the Public Records of Dade County, Florida. } Mrs. Espinosa acquired said property on December 12, 1980. Y with her husband Silvio F. Espinosa through a Warranty Deed. Has s' f Husband passed away on October 1, 1986. �4 T u t ix t ` e 4 Me. Abell& p *&AA age :uly 24, 1991 the only mortgage on the property in favor of George and !►liana Carter for $30,000.00 was satisfied on February 19, 1901. (f ar enclosing a copy of the Satisfaction). There are. presently no lienso or sortgages on the property. have enclosed copies of the pertinent documents for your - file. if you need any further information please do not hesitate to contact re. sincer lit ��ours, CARLO CLr/di Enclosures C.ARLO� T.PERKANDBZ x flat nC1C�0E{�ti� eOtJt��M10� BUR #I� COIML Wis; It�Aaty 1�+QEi10�1a1f 4• : " , + This instrument wat ptepo W by. fc {M94rc ! 11 5J 81Rii'7bi`� frame SA1lL.t3EitNS'_fi';IN,, - :`i Deed Address .25-0 1�a11 encia_MIA XVet. x Ar i t �oi�al (tt1lTUib� tOiW�-SH11Cff fti1l.Ot i�.S.) Us 3"betawet. Made tiers 12th day of December 14 80, 1111itW1en GEORGE W. CAIi'i'Eit and AUENE E.f�,urm"I';, his wife, _ of fete County of bade , $tare of Fl. on da grarilotii.and _ SILVI O F'. ESPI NOSA and BLANCA ESPI NOSA, his wi f e, _ whose post office ouJress n3157 S.W.24th Terrace,, Miami, �- of fete Corner of Dade . State of Florida i= ttatfxstrtb. Thjt said grantor• tot and in consideration of the suns of Ten and 00 /100 ($10 00) ' { Dollars, and other good ona valuable considerations to said grantor in hand poW by said grantee, the receipt whereat is hereby, ocknowledged. has y►onted, bargained and sold to the said grantit aar�e dgrantee's heirs and assigns forever, the following described land, situote, tying and being in GG County, Florida, to -wit: Sout h 112 of Lot 10, Bi ock 3, The Pi nest, accordi ng t o t he Pi at thereof, recorded in Plat Book 5, at Page 7S, of the Public Records of DiWe County, Forida. a/k/a 3157 Southwest 24th Terrace, Miami. Florida 33145 SUBJECT t o t axes f or t he year 1980 and subsequent years. SUBJECT t o a Purchase piney Fi rut D4rtgage i n t he amount of $30, 000. 00 foam a —mom so* MOM WOO'. RICHARDowl 00011 sod upid grant*&..dous hereby fully warrant the title to said land, and will defend the some against the lawful claims of ail;' psrsoos whomwever ° "Grantor" and "grant"" ore used for'singular or plural, si corned »quirq. 38 joitdtas lub"raf. Grantor has hererunlo set grantor's hand and seal the day and treat first abort written. Signed, sealed and utlivered in out presonce: 7 f SeviD " f5eop _, a' • _ S�. STATE OF '-'I on da COUNTY OF Dade i t11REftY CERTIFY thus on this day before me. an officer duly quabfied to sake o4novsedgments, personally app"tod ;4.. GEORGE W. CARTER and ALIENE E. CARTER,. hi a wif e, y so of kPo.ors to be ens perwrs a described in and who eauutod the fu.w o og inntrurmat and o4nowllpAfted Iwo +no thiN t key esMewed the some, WITNESS or hand and official seal in the County and State lost oforesaid this 12t h day of �?nCer . 1400 " *y 4ORWn64n •spots: tiQll4S1 RIRLfb 5140 core ,fl+�iE!f► �;;� r12 II iari�►iprtt'r'Isp er w�NYai►itt R4: 14929i2.05 61x0106 roast tut% atosfattton of ortoaof too 1W Fier By Thm P. l�C��tifS. Tha..'M . we...... we) M:(URGE W. CARTER and ALIENS E. CARTER, his wife 16 owner S and holder s of a certain tnartaaes, deed smeeuted by SILVIO F. LSPINOSA and BLANCA ESPINOSA, his wife to CEORCE W. CARTER and ALIENE E. CARTER, his wife bsdmr,o date the 21 a tear of January . A.D. 1981 • recorded in 01/uid Am,& Boob 1U99.3 . p,., e qv' . in the office of 64 Clor4 of the Circuit Court of iinde: County. State o/ Florida. ss:urin9 Certain Rote in the principal sung of Thirty Thousand ($30t000.00) Won. and certain promises and obboations set forth in said morloaae deed. upon the property situate in said State and County described d Wows. to -wit: Me South k of Lot 10, Block 3, of THE PINES, according to the Plat thereof as recorded in 'lac Book 5, Page 76, of the Public Records of Jade County, Florida. mar aeinowledoe full payment and satisf action of said note and morlp qfe deed. and surronde► some ei e w vUed, and hereby direct the Clerk of the said Cimmit Court to Canal the some of record. bum ou: haw[ 5 and seal s. this day of •' ,.,$ � A.' •MJo. .•'•, mow. •.A•l •••._ Siam SmU and Dehi Bred in Presetwe of. ................... Aliene E. Carter Ike STATE OF Mack � �•"�•••�•. .. COLPITY OF r •. t HW%Y QATer dws me this day, "..6 0. is alkW djy W*W W in " StaM ais OMW soil in elm County do►6444 to Isis 89kMw1a4f4M4 PWSWWNV OPPOW00 GEORGE W. CAKrLR and ALIENE E. CARTER, his wife to +Ise keownto be the pw<tou S detcsibed Mond w1m oxecwed the tae90in419 �o �wt 9 iastt~,�aaat and Me , lme Ast C h e v erad the ssaw .. ti1 "�'�"� WITNESS my hand and of 441 sea) in the Cowoy and Stole fait &lo►+s" thin I � � ,' ��.•''� �' A� t l�ea.ili;l" t�2 �i� der � Ft►�� Notary Public lily C oimAQ4 jiW Lr.' Mi Iran Mi.ilar, E6+1Mft"W OSOWC-00-6 F,A, '50 Valencia Ave,,'**'-.,., Carol, i .. STATE OF FL,ORIDA owl OFFICE of VITAL $TATI$YICS CERTIFIED COPY apowN LOCAL F1LE TIO.'� 1✓ .S /� I. DSCEDEN 's NAME (Fe/. MIIM LMq Femte '' } A OAtE OF own (u."O. a* OW • SOCUL 89C4MTY NIa1*a it ADEiW WWAW >r UNDER i YEAH It UNDER 1 _ Aecelnben 25, 1990 t6S•iS•3571 ' ""'" 7# • 0911 OF WITr1(Mo ih• DW 1Waq T. EWITNPLACEiCgM/EM• CIw10F1 4L WAS P��T FVSAI NU i T Gcrtoban 31, 1912 Gad6den, �""�'a{a No M ► ACE OF CWATM �.: nee• OW r1W: w •+ea 4WW M a" am N N M OTr uWTV (Nr« aW Y M _— ►lOEptAI f ERr0ue0e1rIN Q OOA a_. �' O M/ry "«•4 WPA •nCr i A11w ap" M0 IL FACAITY NAME (a tr,t msawrrl. VW aL GIT1: TOWK DR LOCATION OF OWN k COUNTY OF OEATM j L to }II t 0 4 ft. OLMOGNI'i usuft OCCL1PI111ON Nto A1ND OF rOEM+ESUMMUSTI{T 4t. HMAIIIML erII ��• mow, jt WIMVMA Y4ova fE Wt on M M now ON1aK1 MM? D1IIWrIN (iOedFl � IONINK Cabhiea Retait VU96 • gwv i•ed Geoage Cam. y 4& IKSI XWA — SW a I 12/ COUNTY lit: CITY. WWM.Of1IOC/dIDN 15E. STREET AW NtMM11 Fto�.i da Lee Foot Nya" 331 NtW YOU ft&c qe WSIOEGTY 1.11 AP CODE %vMDECEDE w**SPAMCCRMAITIANORIOWI UMIT5TIW1rttW ,rcI�NwPAM—r�I11t111% aDECEDENT's9000MION veON a�(Spas*&hAv"Frloff ~ WwAer•bowl 33905 nd1� r wrrl �+�Ma•r•!.1 No -= IT. FATIIMR'S NAME (Fast. 4*Wft U N N NlWWAI5 NAM ow Nairn game Awft Ml sweet C. Ebbete, M;flame y tN. 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No rr Orbs •M 60 M M ire(IV eM wM M as 0094L ;!I/ • •r1r TIUo � r[1 �,y � i 22WQW1MWEDWo Oft 01 Z$.N011N. tt BOATS 1F1i" t .. i?FrIMQFGMtl.•+.••• •«n ' rS._ d r1 ci7 •• M E 22a NAME.0f ATT aha PNY91AN OIF m R TIMN CERTINER (iMe •r`POW 2a tx M10N01AICE0 odoalW. os */ I&L FRONOUNCIODS"pe" I el 24L NAME AND ADONESS Of CERTIFIER (PNYEICNN Pp OkW ff ^Wq Robeat C. K"plzak, P.O. 6140 W.i.n1L " Rd. Sutra 9 Fit. MycAA FU4.i.da 33919 tsa SvowmaiSTRAN — tlowu11E AND DATE I 2iM LOCAL MGM" — fIDNA UM _ I alia DATE REamuop Do I'' 'u 2a PNPIT 1 Emw w ausssu. +•,w u a eewyr,rrr ow 4+N0 toaMw. De roe «Nr WW M Nr� oral M •rlat «IIWI Ap�rrs rarwl awOMMarla fWMa LW on" am taaa eA SWA W1e. 1 a TE CAUSE IF"1 al damasag r colarm 1 tWelAlrq rt tMrh► "�' C 1p�l ��.(.�. [ •�Cy12 ls�o.i1 •t° S a .� CITE 10 (OR AS A QW411 AHM OFF 1 1 • p o r Aseolrwu•r r*1cr a caw6a arm DUE TO IOR A5 _ CAUSE aksasas r AW W 1 Mail Obk&" Own* �..�.. Irelrh in ASIMI IAdT I ONE TD {OR AS A COMMAGURO" OPT: 1 { a PMi1T W OIAr •aluram coftwonb cowwwq w "on WA mW Now" r WA M; Art AUTO w PERF04t1lEOT Ell WERE AUTOM FINDINGS AIMW.ARE INWOR TO C,OWILETION � GiE REPt)lITED TO a1E0tGl vwrMap caws y'wA M r•n I GOPDi �F+�f►'�� oPCA(nEOFOENTN+t»..tcw `:�✓�'.►AIy NO K W F1 MAL1. nna TM4RE A 30a 0 SUIIGEM 15 MENTIONED N MW I a ANT94 COI FION PON W►WCN IT 1Mj FENbIM1E4 71► DATE Ci "049 o►(Ma. DIII 0" PREDNA 4 W T►1[ ��y,,S�T 21•01ITw5T U YEi 1L r•O 21. MANNER OF jh WE OF ovum 220 TWAt OF 306 NLAMY a *KW*" 386 DESCA" NOW MLAIIIV 0=01 IRD 0H IM«M. O+I W►rq trLA111r (1M or No t>i Wgr1 Acc.•em awc.ea a _ �- •• •• • . A«1YprW. or WrAMINOWW Id a2• PLACEOF N 1arL aN 4OCwflON(NptW1FAlrWyrAMrIMyNIMrWIWIcow EWnI iWMM aut. pftm Na .+,IyNy a o•q cow", f4GAW& amr alcoda vaWlia CLalk a CkeW & Cwiaty C Trt15 IS A CEATIF.LO TRUE Aldo COgREGT GOJW-OF THE OMUCIAC• AEC6R0 ON FILE IN TW5 OFFIGfI • L.11' ` 4` ,ice„ �.�- . � DEC. 2'! tfl� OLIVER H. BOORDE BY. _ . Stole Rpiwsr � . REPAOOuCT10k OF TMb 00CyMENT 15 PAOMNTED MT IAW Do NOT Q!CCiEPT WARNING:�w.c" U% ur.%^TT PA1•EA WITH COLO"D wcat� vl a AND COLAtAI1 "=co"T aEA. OF TtIE 14,0E OF FLORID, ALTENIITIDN Oil E+A&SUVIS VOOS TWS 06111 CATION• 11 � 1f iM• `•�` - t N11' CITY OF MIAMI i PUBLIC WORKS ENGINEERING - SUBDIVISION CONTROL OPINION OF TITLE 1 To: CITY OF MiAria political subdivision of the State of Florida. With the understanding that this opinion of title is furnished to T11E CITY OF MIAMI in compliance with Section 54.5-8 CITY COM and as an Inducement for acceptance of a proposed final subdivision plat covering the real property hereinafter described. It is hereby certified that I (we) have examined the complete Abstract of Title completely covering the period from the BEGINNING to July 18 A.D. 1991 , at 8:00 A.M., inclusive, of the following described real property: (Describe only realty to be subdivided) LOT 2 AND THE WEST 1/2 OF LOT 3 BLOCK "B", REVISED PLAT OF THE MOORINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31 AT PAGE 52 OF THE PUBLIC RECORD OF DADE COUNTY, FLORIDA — Basing my (our) opinion•on said complete abstract covering said period I (we) as (are) of the opinion that on the last mentioned date the fee simple;- title to the above described real property was vested In: DAVID A. NESSLEIN and HELEN NESSLEIN, His Wife h 4'- s ' 111.06-11 - PAGE I 4 9ubjeet'to the following encumbrances, liens, and other exceptionst GENERAL EXCEPTIONSs 1. All taxet for the year in which this opinion is rendered, unless noted bolov, that such taxes have been paid. 2. Rights of persons other than the above owners who are in possession. 3. racts that Would be disclosed upon accurate survey. a. Any unrecorded labor, mechanical or materialmens' liens. S. Zoning and other restrictions imposed by governmental authority. SPECIAL EXCEPTIONS 1. Public Utility Easement at the rear 6 feet of Lot 2 as contained in Deed dated June 25, 1937 under Clerk's File ,No. X-127109 and of Lot 3 as contained in Deed dated March 19, 1940 under Clerk's File No. N-18585. 2. Restrictions relative to Lot 2 and contained in Deed dated June 25, 1937 and recorded under Clerk's File No; X-27109. 3. Affidavit of The Moorings property Owners Association dated November 20, 1980 and recorded November 20, 1980 under Clerk's File No. SOR-313832 and Official Records Book 10937 at Page 285 of the Public Records of Dade County. Florida. 4. Mortgage from DAvrD A. NESSLEIN and HELEN NESSLEIN, a/k/a HELEN DREM NESSLEIN, His Wife, to THE BANK OF — CORAL GABLES, a State Chartered Bank, dated October 10, - 1990 and recorded October 15, 1990 in Official Records Book 14740 at Page 2233 of the Public Records of Dade County, Florida in the original principal amount of $437,500.00. 5. All matters shown on the Plat of The Moorings as - recorded in Plat Book 31 at Page 52 of the Public - Records of Dade County, Florida. f 6. Taxes for the year of the effective date of this opinion and taxes or special assessments which are not shown as existing liens by the public records. R. t F j l�.l.'fll • Fie 2 � , , s c3 r; a Thin-arore it is my *"10 opinion that the following rartiee ftet big h the )Iet t;of the above chn-wrMed areal property in older to g"jit 3190=1-- and the Imblic, a good anti prober title to the dodlelited t nhot�n. 611 OW a iraai Mat of the nforadeperitied property, the aubdieisieh, 06MC." to NESMIN ESTATE 1, V'se undersigned, further certify that I an sur witted to practice In the State of F'loridow and e0 a *ember In $� t#teA ref thei'lrricl.i liJr_ ¢Z Notity Public, Statee3f Florida C�a�ari,s��att �acgires;.. i iARP„bq�tM,IG SfiA1►•.w FLO:. Kt •C4MMii tDtl 4�tP.' .12. v.- a� M.&w-► + go mom 153 Sevi Um AvA r' INAtlb/P421 Lwow ,A Oct Sergio ftod: ' Mies, Assistant City Ma�n�►�r O (;uillermo1. 6INWilloo Deputy Director planning, building i toning feet +�enuarci,nint Administrator planningt building zoninq Gloria pox, Chief /Heariing boards DiV . Manning, Building tuning G. Miriam Maer, Chief Assistant City Attorney 3I # f �T Yi+ z K wI I yid � c•fx } t p+iY of Mianti City Attorney_ CERTIFIED MAIL RETURN ISC91PT REQUESTED Blanca Espinosa 3157 s"W. 24th Terrace Miami, Florida 33145 Res Covenant for Property at: Our File No. A-90-798 Dear Ms. Ssginosa: _ to our telephone conversation of January 25, 1991s, copy of a standard covenant form which meets our which you can modify to fit this specific As you know, the conditions attached to the variance granted by the City Commission allowing the existing additions to your property are as followst = 1. Should the subject property change ownership, the variance granted will expire and the existing addition will have to be brought into compliance with the Zoning Ordinance of the City of Miami in effect at the time. 2. The existing addition to the subject property shall comply with the standards and regulations of. the South' Florida Building Code. OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131 January 29t 1991 iz -4�• 73o 9.27.9O 3157 S.W. 24th Terrace Pursuant enclosed is a approval, and situation. Slane& aspinota January 26, 1901 Pdg# 2 me tf you have any questions,, INA/lb/P308 acs Sergio Rodriquez,, Assistant City Manager G. Kiriam Maer Chief Assistant City Attorney Gloria Fox, Chief/Hearing Boards Division Planningr Building & Zoning Dept. Guillermo Olmedillo, Deputy Director Planning, Building & Zoning Dept. Joseph Genuardi,, Zoning Administrator Planning, Building & Zoning Dept. Matty Hirai, City Clerk Tony Sacerio P.O. Box 450857 Miami, Florida 33145 i ON IL II !"S.'3 � � y • � ��. � r. �. it a 1 7 AEC. 146 I961 �`49 THIS DZMARATzom or iaSTRICTM COVENANTS by Mkt. NARY_ SPtRER AND CAPITAL HILL INVESTMENT 'COMPANY, a NOV York Genorai Partner- ship, the fee -simple owners of the subject property ("Owners"), in favor of the CITY of MIAM2, FLORIDA# a municipality of the State of Florida. IF I T r a A s a T 2: WHEREAS, the owners control fee -simple title to certain property (the "Property") in the City of Miami, Florida (the "City") legally described as: Tracts A and Be 2uleta subdivision, Plat Book 103 on Page 32, public records of Dade County, Florida. WHEREAS, the Owners applied to the City of Miami for the approval of a zoning district boundary change from CR-2/7, RG-3/6 and RC-1/3 to CR-2/7 for the entire Property; and WHEREAS, Owners seek to provide assurances to the City that, if said rezoning is approved, the Property will be developed in a manner that will limit access to and impacts upon adjacent residential uses; and i�HEREAS, the Owners therefore agree and are desirous of making a binding commitment to assure that the Property shall be developed in accordance with the provisions of this Declaration; Prepared by: Joseph 0. Goldstein# ssq. Greeaberq, Trauriq, loffaaa, Lipoff, Rosen a $uentel, P.A. 1221 Brickell Avenue lliani, Flori" 33133 y a �v } �4 4G _ Y 3 r �T i nff acc.L46 I 9F-I. 1330 - NOW# TH919FORE, the owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owners of the property, their suc- cessors and assigns, as follows: A. Landacaning installation and Maintenance. Prior to the issuance of a building permit on the Property, the Owner shall obtain approval of a landscaped buffer plan from the City of Miami Planning Department, which plan shall reflect a ten -foot wide land- scaped buffer (the "Buffer") along those portions of the east and south Property lines adjacent to and along N.W. 49 Avenue, N.W. Gth Street and N.W. Sth Street (the "Rights -of -Way"). Said Buffer will contain landscaping and be placed between said Rights -of -Way and an eight foot masonry wall, which the owners shall construct at the boundary of said ten foot Buffer. The landscaping of the Buffer shall be installed in conformity with said landscaped buffer plan and the Owners, their successors or assigns shall also be respon- sible for the permanent maintenance of said landscaping. Maintenance shall include, but not be limited to, removal of any graffiti from the proposed masonry wall and care for all landscaping within the Buffer. The owners further agree that, if it becomes necessary for the City, at the City's discretion, to maintain said Buffer and wall due to the Owner's failure to do so, any reasonable maintenance costs, in an amount not to exceed ten thousand dollars ($10,000) per year, shall be paid by the Owner in the form of a bond or letter of credit. Said bond or letter of credit shall be posted by the owners prior to issuance of any building permits on the subject Property. The City shall exercise _ h i its discretion by providing the then owners with written notice, 10 7 �, REC. J I sent by certified mail, which provides that the City will perform such maintenance, unless the then Owners respond to the city within thirty (30) days. a. Vehicular Acgeag .ifiitfi ion. No direct vehicular access for ingress or egress shall be permitted from the Property to N.W. 49th Avenue, N.W. Sth Street or N.W. Gth Street. Owners further agree to support and actively participate in any efforts to close the alley located between Tracts A and 8 of the Property. C. Use Li imitations. The subject Property will not be developed with high density multiple family residential development. In addition, Tract B of Zulsta Subdivision, as recorded in plat book 103 at page 32, public records of Dade County, shall be used solely for parking. D. Voluntary Contribution. The Owners voluntarily agree to contribute $10, 000 to the City of Miami at the time the applied - for zoning district boundary change becomes final. E. Effective Date. once the above -referenced zoninq approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the owners, their successors and assigns. These restrictions shall be for the benefit and limitation upon all pre- sent and future owners of the Property and for the public welfare. F. Amendsent , a_nd, adifieaticn. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple title to the land to be effected by such modification, amendment or release providinq that same has been approved by the City of Miami City Commission. Should this instrument be so modified; amended or released, the Director of the Planning Department or'his 3 C70== 4 NEC:rr f4w j successor, shall execute a written instrument in recordable form effectuating And acknowledging such modification,, amendment or release. G. TO Or CMDAnt. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall be binding upon the Owner of the Property, its 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 auto- matically extended for successive periods of ton (10) years thereafter or, as long as buildings constructed on the Property in accordance with the CR-2/7 zoninq district regulations remain on the Property, whichever is longer,, unless modified,, amended or released prior to the expiration thereof. H. Inspection and Enforcement. It in understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours,, to determine whether the conditions of this Declaration are being complied with, so long an reasonable notice is provided to the fee -simple owner, its successor or assigns, before said official inspector enters the Property. 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 any party or person violating or attempting to violate any covenants,, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable. attorneys foes. This enforcement provision shall be in addition., to any other remedies available under the law. I Severability. Invalidation of any one of these cove- nants by judgment of Court shall not af fect any' of the other 713 P6. Er Cr- i 4b 19rb 1333 rcviaifiha of this b*01aration, 'Which shall remain in full force and affect* This Declaration shall be filed of repprd lksbnj ths public Records of Dade County, Florida,, at.tha cost -of the Owner. IN WrTnas WHEMOrs, the undersigned have got their hands and deals this day of MIZA4 1990. Witnesses: GARY SprRESt CAPITAL HILL INVESTMENT COMPANY,, a Now York General partnership •r W A'kA �4 By: STATE OF NEW YORK COUNTY or SS: Before no, the undersigned authority,, personally appeared Gary Spirer, Owner,, who acknowledged on this day of 1990o that he had the authority to execute the _- foregoing instrument for the burnages Owns- M-A 4-1- A W& W 91 MAMA OMLW Me. 01-0149399w quaw" in KUW - 9 NOTARY PUBI Vt*- i cAnaiwesifts 11ftima A.. 2 0 *-. MY Commission Expires: .911 Of NOW rght Large STATE OIP M YORIK COUNTY or Bator* into the undersigned authority, personally appeared as Of capital Hill Investment company, a Now York General Partnership# who rw- acknovledqed an this '7-*" day of 1990, that he had the authority to execute the foreqoinq instrument for the purposes expressed therein. PUBLM State of—Wev York At iatrge My commission Expires: M1111 WOW" low 0 LOI" off. gg1 Banks, N.A•r a Florida corporation►, Southeast Gary S. Spirer ,he undersigned► ort9age from of that Certain m o! Auqust► een), owner dated the 15th day ("14ortgag Company a 486 r Of tho and Capital Hill Investment Book 137g6, pas Official Records inai principal in the or i9 19Sa, and recorded in Floridan property, Dade CountYr the p Records of D ring all/or a portion of public cove Covenants. 000•00 RgstrictiVe Of 5525 ► of amount peclaration duly executed by in etc which has been the described does hereby �� attached her vestment companyr ("Declaration) Capita Hill in are and shall be Gary Spicer and terms of the Declaration edge that the its successors in title• acknowl been executed this the undersigned and haVe binding upon resents WHERE these p - IN WITNEs$ r 11990• r �, z a Florida _ v r •p►• r day o / r S©� BANKEAST N corporation by G Vie president -. - Ana Naria Hernandezv" _ so Haag iCre .,��aai4sa :. William W• • STATE OF FLORIDA)) as: - this day appeared _ DADS authority' both being to TY OF i COVN the underd gne8 _ BEFORE I+IE r .! - �• and and to be the /�� me well known by ij ARY PUBLIC, STATE -.OF FLORIDA CITY OF MIAMI. FLOAIDA It/tM00% ^0#b#/i06 •rr+.rrira..�...� NEC: � �� � R 13`6 raspectively, of Southeast Bank, N.A. , under th laws of this State of Florida, and said persons are known to me to e be the persons described in and who executed the foregoing instrument and who, in their official capacities as such officers of said Corporation, are the said officers of said Corporation who then and there severally acknowledged to and before me that they executed the said instrument, acting in their said official capacities, for and as to the act and deed of said Corporation and in its name, and impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after being duly authorized and directed. WITNESS my hand and official seal at ljkaz� in the County and State aforesaid, on this, the _iL/_day of �.:���% •: i_ A.D. , • • w 19 11 •cOt4stoot etc., Cum" • ' .' Gr •c a �`i• 4 My Commission Expires: M1- 70Y ULM ST.'.S: of rMI:A MY COPHISSIC" EXP. HAR.2e.1992 801GcD THnU GZ20AL ILL VW - us/ 10/W\Jaoesnst?Ruo1 CI`fY OF MIAMI, FLOA10A IWEWOFPCE MEMORANDUM to: 14inayot'ti+S,vpes Ch3sfof Staff FROM: Irma M. Abella Assistant City ,Attorney WE April 1, 1991 Piu A-0047fl 9: 4ti fi wi— This is to confirm our telephone conversation on the above - referenced matter, to the effect that the only alternatives open to Mrs. Espinosa at this time are to either bring her property' into compliance with Ordinance 11000 or apply for a variance from said ordinance. The City Commission may, of course, amend Ordinance 11000 in order that a variance need not be required, under these circumstances. Enclosed are copies of my correspondence with Mrs. Espinosa and with her attorney, Carlos L. Fernandez, on this matter. 1. My letter to Ms. Espinosa dated December 13, 1990; 2. My letter to Ms. Espinosa dated January 18, 1991; ,y 3. My letter to Ms. Espinosa dated January 28, 1991; 4. Letter from Carlos Fernandez, Esquire, dated February 28, 1991, with enclosures; 5. My letter to Carlos Fernandez, Esquire, dated February_ r • 28, 1991, with enclosures; — 6. My letter to Carlos Fernandez, Esquire, dated March 13, '- 1991; a 7. Letter from Carlos Fernandez, Esquire, dated March 18, 1991; ; :- r— D_- �t �r +t i e Tqq,, sMI s ' ✓-tip 1 4 Yy4� 'n k 4 i .era � L4. W y v h , J IF i j — -- ---- — oAwl Meroi Min[�gor�ri�lio�a� April 1, 1991 Page 2 84 my 9etter to Carlo* Fonhhdea, 1991. tMA/lb/P421 Esquire Sergio Rodriguez, Assistant City Manager Ouillerao E. Olmedillo, Deputy Director Planning, Building & Zoning joseph Oenuardi, Zoning Administrator Planningr Building & Zoning aldria`Fox, Chief/Hearing Boards Div. Planning, Building & Zoning Matty Hirai, City Clerk ar dated Maori 2 7 + �g G. Miriam Maer, Chief Assistant City Attorney AldmodL i#il rrf i�i�ttt IONGE L. OUNANINZ Cite Attorney" 1 �♦ TelecoOier. 305# 114.4�)� December i3, 1990 L, f{ a Blanca Espinosa 3157 S.W. 24th Terrace Miami, Florida 33145 Res Covenant for Property at 3157 S.W. 24th Terrace Our File No. A-90-799 Dear Mo. Espinosa: On September 27, 1990, the City Commission granted a variance from Ordinance 9500, the zoning ordinance of the City of Miami, to allow the existing additions to your single family residence at the above -referenced property. Said variance is subject to the condition that at such time that the ownership of the property changes, the variance shall terminate and the property will have to be brought into compliance with the zoning ordinance of the City of Miami in effect at that time. Since you have volunteered to proffer a covenant which will insure that the property will be brought into compliance with the. zoning ordinance at same time that it changes ownership, enclosed= is a copy of a standard covenant form which meets our approval. I suggest you contact an attorney for advice in the preparation; of said covenant, which should include the following conditions: ;_ 1. Should the subject property change ownership, the` variance granted will expire and the existing addition • will come down, unless a new variance is obtained by the new owner. 2. The existingaddition t_ the property shall comply with. the standards and regulations of the South Florida Building Code. In addition to the covenant, we will also need a recent' opinion of title and joinders from all mortgagees. F t.F OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami. Florida 33131 a i -r A` kl �'a" ti �, Slanca Espinosa December 13, 1990 page 2 fi A4 �r i you have &n r y �► questions, do not h+saitata to Deli tna. u Sincerely, Irma M. Aballa Assistant City Attorney IMA/lb/P263 ccs G. Miriam Maer Chief Assistant City Attorney Gloria Fox, Chief Nearing Boards Division Planning, Building & Zoning Dept. Guillermo S. Olmedillo Deputy Director Planning, Building & Zoning Dept. Joseph Genuardi Zoning Administrator Planning, Building & Zoning Dept. Tony Sacerio P.O. Box 450857 Miami, Florida 33145 . �..p AL 11 Ina, 0 • w �� \ �. 4 1 REC: 14 b l 9i, (3,'29 T11115 DECLARATION DF REBTAI=V'E COVENANTS by MA. GARY SPIrktit AND CAPITAL HILL IM STMENT COMPANY, a New York General Partmeris ship, the fee -simple owners of the subject property ("Owners"), in favor of the CITY OF XIAMI, FLOMDA, a municipality of tha state of Florida. W I T x aaaT22 WHEREAS, the owners control fee -simple title to certain = property (the "Property") in the City of Miami, Florida (the "City") legally described as: Tracts A and B, Zuleta Subdivision, Plat _— Book 103 on Page 32, public records of - Dade County, Florida. WHEREAS, the Owners applied to the City of Miami for the approval of a zoning district boundary change from CR-2/7,,RG-3/6 and RG-1/3 to CR-2/7 for the entire Property; and WHEREAS, Owners seek to provide assurances to the City that, if said rezoning is approved, the Property will be developed.in a manner that will limit access to and impacts upon adjacent residential uses; and WHEREAS, the owners therefore agree and are desirous of mraking a binding commitment to assure that the Property shall ,;be } developed in accordance with the provisions of this Declaration,• f# psepased by: Joseph go Goldstein# Ksq. Greenberg, Trourig, Hoffman, - Upoff, Rosen 6 Qusattl, P.A. 1221 Brickell Avenue Kiami, Florida 33133 Rcc: L413 i JIl• l JJU NOW, THIMEFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the owners of the Property, their suc- cessors and assign*, as follows: A. tandmeaning_Znstallation_and Maintenance. Prior to the issuance of a building permit on the Property, the owner shall obtain approval of a landscaped buffer plan from the City of Miami Planning Department, which plan shall reflect a ten -foot wide land- scaped buffer (the "Buffer") along those portions of the east and south Property lines adjacent to and along N.W. 49 Avenue, N.W. bth Street and N.W. Sth Street (the "Rights -of -Way"). Said Buffer will contain landscaping and be placed between said Rights -of -Nay and an eight foot masonry wall, which the owners shall construct at the boundary of said ten foot Buffer. The landscaping of the Buffer shall be installed in conformity with said landscaped buffer plan and the owners, their successors or assigns shall also be respon- sible for the permanent maintenance of said landscaping. Maintenance shall include, but not be limited to, removal of any th ed mason All and care for all graffiti from a propos ry landscaping within the Buffer. The owners further agree that, if it becomes necessary for the City, at the city's discretion, to maintain said Buffer and wall due to the Owner's failure to do so, any reasonable maintenance costs, in an amount not to exceed ten thousand dollars ($10.000) per year, shall be paid by the owner in the form of a bond or letter of credit. said bond or letter of credit shall be posted by the Owners prior to issuance of any building permits on the subject Property. The City shall exercise its discretion by providing the then owners with written notice, i top PEP.: 1 6, 13'I sent by certified Mail, which provides that the City will porform such maintenance, unless the then owners respond to the City within thirty (30) days. — g. Vehicular.._Aceess Limitation. No direct vehicular access for ingress or egress shall be permitted from the Property to N.W. 49th Avenue, N.N. 9th Street or N.W. 6th Street. Owners - further agree to support and actively participate in any efforts to close the alley located between Tracts h and 8 of the Property. C. Use Limitations. The subject Property will not be developed with high density multiple family residential development. In addition, Tract 8 of Zuleta Subdivision, as recorded in plat book 103 at page 32, public records of Dade County, shall be used solely for parking. D. Voluntary Contribution. The Owners voluntarily agree to contribute $10, 000 to the City of Miami at the time the applied - for zoning district boundary change becomes final. E. Effective Date. Once the above -referenced zoning approval has become final and non -appealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the Owners, their successors and assigns. These restrictions shall be for the benefit and limitation upon all pro - sent and future owners of the Property and for the public welfare. F. Amendment afld Modification. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the foe -simple title to the land to be effected by such codification, amendment or release providing that same has been approved by the City of Miami City Commission. should this instrument be so modified, amended or released, the Director of the Planning Department or his 3 4�. 4 �.3 • � f t 4 h REW. C. 11,b 91i 1 JJ2 successor, shall execute a written instrument in recordable form effectuainej artd acknowledging such modification, amendment or a release. O. fi®rn►_of_ftvenant. This voluntary covenant on the part of the Owners shall remain in full force and effect and shall he {' binding upon the Owner of the Property, its 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 auto_ matically extended for successive periods of ten (10) years thereafter or, as long as buildings constructed on the Property in accordance with the CR-2/7 zoning district regulations remain on the Property, whichever is longer, unless modified, amended or released prior to the expiration thereof. H. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours, to determine whether the conditions of this Declaration are being complied with, so long as reasonable notice is provided to the fee -simple owner, its successor or assigns, before said official inspector enters the Property. 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 any party or person violating or, attempting to violate any covenants, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable' attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. I. ssverabilitv_. Invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other t 4 333 provisions or this Declaration, which shall remain in full farce and effect *This Declaration shall be filed of record _ among the Public Records of Dede County, Florida, at the cost. of the Owner. IN WITNESS vH nor, the undersigned have set their hands and seals this y� day of 1990. witnesses: GARY SPIRER J CAPITAL HILL INVESTMENT COMPANY, a New York General partnership •, 00, .. , , STATE OF NEW YORK ) Q COUNTY OF Before ae, the undersigned authority, personally appeared Gary Spirer, Owner, who acknowledged on this day of r 1990, that he had the authority to execute the . foregoing instrument for the purposes eycprstsed therein. 4• _ 1 MAW QiCHIMtA 't10bry'11r11C. StM� �t i.cv ot Quaeaii i in K ca�uu, NOTARY PUS Mm EaW"Am$.1, -_. state-f Nrewt,Y�r�C .At Lax'ge My Commission Expires: i, L A1. • r fia t N i as t� n y' ,J* NEC. I41bl9ib i STATt OF NEW YOU ) 9Ss COUNTY OF before me, the undersigned authority, personally appeared as /t/ri?l.0 of Capital dill -. investment Company; a Nov York General Partnership, nth*. �- ,.r 1990, that he had the,< acknowledged on this �n.� dayof authority to execute the foregoing instrument for the purposeU; - expressed therein. �� `• 1.• . `` MPU_ SL State o em York At Lange My commission Expires: �gM11YNIMs i aprwe314N Epw9361*0 - _ d s R: 1p — -F� # 4t 2 < Ct ZF • 6 5 c4� e — —1 — R—�.���� �.1�1�11111 IPP1w11�41IP111R11���11�, oft, The undersigned, Southeast bank, N.A., a Florida corporationt ("Mortgagee"), owner of that certain mortgage from Oary S, Spiror and Capital Hill Investment Company dated the ISth day of August, 1988, and recorded in Official Records Book 13786, Page 486, of the Public Records of Dade County, Florida, in the original principal amount of $525,000-00 covering all/or a portion of the property described in the Declaration of Restrictive covenants ("Declaration") attached hereto which has been duly executed by Gary Spirer and Capital Hill Investment Company, does hereby acknowledge that the terms of the Declaration are and shall be binding upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this day of 1990. SOUTHEAST BANK, N.A., a Florida corporation by Ana Maria Hernandeze Vie President Attest: Ml al William W. Lang, Vice. fl-aAkoent STATE OF FLORIDA) 43 so: COUNTY OF DADE BEFORE NE, the undersigned authority, this day appeared and both _being to. L me well known by me to be the and OF REC: b I 9f* L6 13 j0*1b respectively, of Southeast Sank, N.A., under the 1&Ws Of the State of Florida, and said persons are known to me to be the persons described in and who executed the foregoing instrument and who, in their official capacities as such officeLos of said Corporation, are the said officers of said Corporation who then and there severally acknowledged.to and before me that they' executed the said instrument, acting in their said official capacities, for and as to the act and deed of said Corporation and in its name, and impressed thereon its Corporate Seal,, for the uses and purposes therein mentioned, and after being duly authorized and directed. :Z- WITNESS my hand and official seal at ljz.zf in the County and State aforesaid, on this, the -Q-L-day of ___..A. D. CIMA & c6uritv Courts Ce -ce 4et-p -46TARY PUBLIC, STATE -.OF.:FLORIDA My Commission Expires: ........ NNIAnly RUTC SM: or rLOPICA . ......... . my cep"Mict EXP. 042.29.1lez 601MED THRU GESMAL I&S. 00. Q5/10MJGG/5M1tVRJ01 ............ , -F- fiy '17 A� aof tie" b `- Cite Altorliev _ 110, 105Y vq-0I0 ' January CERTIFIED MAIL a. 11 rY3� Blanca Espinosa 3157 S.W. 24th Terrace Miami, Florida 33145 Re: Covenant for Property att 3157 S.W. 24th Terrace our File No. A-90-798_ r. Dear KsEspinosa: — Please, be on notice that the variance from Ordinance 9500, the zoning ordinance of the City of Miami, granted to you by the %- = City Commission by Resolution No. 90-730 passed and adopted September 24, 19904, will terminate unless the following events. occur on or before March 2, 19911 fig 1. All after -the -fact building permits required by the Building and Zoning Department must be obtained. 2. An executed covenant, in a form acceptable to the City Attorney, which will ensure that the property will be brought into compliance with the zoning ordinance at. y= such tins that the property changes ownership must be proffered.' �- OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst BuildingrOne Southeast Third Avenue/Miami, Florid# 33131 � Fir i mx awx�;, If you have any questions, do not hesitate to Call me. IMA/lb/P291 cc I 'IQ Sincerely, Irma M. Abella. Assistant City Attorney Sergio Rodriguez* Assistant City Manager a 169"o WNW - Chief Assistant City Attorney Gloria Fox, Chief/Hearing Boards Division Planning, Building & Zoning Dept. Guillermo olmedillor Deputy Director Planning, Building a Zoning Dept. Joseph Genuardit Zoning Administrator Planning, Building a Zoning Dept. Matty Hirai, City Clerk Tony Sacerio,(Certified mail, Return R=ei2t Reggested) P.O. Box 450657 Miami, Florida 33145 -- `Eh of staUtt tolertspirr: 4iti�! � �:.ld +, { ti akr January 20, 1991 s 4 } antrIeD KRIL . SATLBM A2CRIPT �tSOt183T�D Blanca Espinosa 3157 S.N. 24th Terrace Miami,_ Florida 33145 Ref Covenant for Property att 3157 S.N. 24th Terrace Our.File no. A-90-798 Dear No. Espinosa: "'Pursuant to our telephone conversation of January 25, 19911 enclosed is a copy of a standard covenant form which meets our approval, and which you can modify to fit this specific - situation. r As you know, the conditions attached to the variance granted; by the City Comtltission allowing the existing additions ,to your` property are as followst 1. Should the subject property change ownerships, '. variance granted will expire and the existing addition. will have to be brought into compliance with the Soni>ttg, Ordinance of the City of Miami in effect at the time. 2. The existing addition to the subject property shall,° comply with the standards and regulations of the South: Florida Building Code. r y4:< ssr: F f <�f? 1"i 1h e. OFFICE Of THE CITY ATTORNEY0100 ^merihrst Building -One Southeast Third AvpnueiMidmi, Florida 94131 11 Blanca is inesa January 24, 1991 Page 2 if you have any questions, please do not hesitate to call' sincerely, 40 Irma N. Abe11a , Assistant City Attorney IMA/lb/P308 cc: Sergio Rodrigues, Assistant City Manager G. Miriam Maer Chief Assistant City Attorney Gloria Fox, Chief/Hearing Boards Division Planning, Building & Zoning Dept. Guillermo Olmedillo, Deputy Director Planning, Building i Zoning Dept. ' Joseph Genuardi, Zoning Administrator Planning, Building & Zoning Dept. Natty Hirai, City Clerk Tony Sacerio P.O. Box 450857 Miami, Florida (Cartifie Mail, Return Receipt R20202t6d) _ 33145 3- rx r ; rz 't y d7, �. - i4 1S c: 14b 19ir,11.69 THIS DECtAPATION OF RESTRICTIVE COVENANTS by MR. *UY NPfR tt AND CAPITAL HILL, IN'V28TMENT COMPANY, a New York doneral PBYth—te- shipr, the fee-sikple owners of the subject property ("owners"), in:. favor of the CITY OF MXAMI, FLORIDA,. A municipality of t' Stihte of Florida. i'1'1fR■s■s�is WHEREAS, the Owners control fee -simple title to certain property (the "Property") in the City of Miami, Florida (the "City") legally described as: Tracts A and B, Zuleta subdivision, Plat Book 103 on Paqe 32, public records of Dade County, Florida. WHEREAS, the Owners applied to the City of Miami for the approval of a zoning district boundary change from CR-2/7, RG-3/6 and RG-1/3 to CR-2/7 for the entire Property; and WHEREAS, owners seek to provide assurances to the City that, if said rezoninq is approved, the Property will be developed in a manner that will limit access to and impacts upon adjacent residential uses= and 1 X 0 A Wo RECtEii J- � . i 3 0 O : NON', 1`HEARFORE, the owners voluntarily covenant and agree that the property shall be subject to the following restrictions that are intended and shall be deemed to be covenants running with the land and binding upon the Owners of the Property, their sue" cessors and assigns, as follows: A. LandscabingInstallation and MaIntanancs. prior to the issuance of a building permit on the Property, the owner shall obtain approval of a landscaped buffer plan from the City of Miami Planning Department, which plan shall reflect a ten -foot wide land- scaped buffer (the "Buffer") along those portions of the east and south Property lines adjacent to and along N.W. 49 Avenue, N.W. 6th Street and N.W. Sth Street (the "Rights -of -Way"). Said Buffer will contain landscaping and be placed between said Rights -of -way and an eight foot masonry wall, which the Owners shall construct at the boundary of said ten foot Buffer. The landscaping of the Buffer shall be installed in conformity with said landscaped buffer plan and the owners, their successors or assigns shall also be respon- sible for the permanent maintenance of said landscaping. Maintenance shall include, but not be limited to, removal of any graffiti from the proposed masonry wall and care for all landscaping within the Buffer. The Owners further agree that, if it becomes necessary for the City, at the City's discretion, to iaintain said suffer and wall due to the Owner's failure to do so, any reasonable maintenance costs, in an amount not to exceed ten thousand dollars ($10,000) per year, shall be paid by the owner in the form of a bond or letter of credit. Said bond or letter of credit shall be posted by the Owners prior to issuance of any building permits on the subject Property. The City shall exercise its discretion by providing the then owners with written notice, `f- ... rt 5 j M �1f =5 N„ • 4 � h3 r; dw mr.Y PEs: 14 b 19* 331 sent by cartilird mail, which provides that the City will parfom such maintenance, unless the then Owners respond to the City within thirrty (30) days. S. 'Vahiaular__.Amcaso Limitation. No direct vehicular access for ingress or egress shall be permitted from the Property to N.W, 49th Avenue, N.M. Sth Street or N.W. Gth Street. Owners - further agree to support and actively participate in any efforts to close the alley located between Tracts A and a of the Property. = C. Use Limitations. The subject Property will not be.. - developed with high density sultiple family residential, development. In addition, Tract ® of Zuleta Subdivision, as = recorded in plat book 103 at page 32, public records of Dade County, shall be used solely for parking. D. voluntary Contribution. The owners voluntarily agree to contribute $10#000 to the City of Miami at the time the applied - for zoning district boundary change becomes final. - E. Eflactive Data. Once the above -referenced zoninq approval has become final and non -appealable, this instrument shall - constitute a covenant running with the title to the Property and be binding upon the Owners, their successors and assigns. These restrictions shall be for the benefit and limitation upon all pre sent and future owners of the Property and for the public welfare.. • • g. 1i►s�*+�et and Modification. This instrument say be. modified, amended or released as to any portion of the Property by a written instrument executed by the then owner of the fee -simple. title to the land to be effected by such modification, amendment— or release providing that same has been approved by the City of Miami City Commission. should this instrument be so modified,, s amended or released, the Director of the planning Department orc his �- 4 3 r ,ice r r" REC. 11, � 1 f i l tic 4W Successor, shall uxrrcute a written instrument in recordable forme effectuating and acknowledging such modification, amendment or release. d• Tere-of rawau+�at. This voluntary covenant on the part of the Viers shall remain in full force and effect and shall bit binding upon tho owner of the Property, its successors and assigns for an initial period of thirty (20) years from the date this instrument is recorded in the public records and shall be auto- matically extended for successive periods of ten (10) years thereafter or, as long as buildings constructed on the Property in accordance with the CR-2/7 zoning district regulations remain on the Property, whichever is longer, unless modified, amended or - released prior to the expiration thereof. H. Inao2et,iog� and Enforcement. It is understood and agreed that any official inspector of tho City of Kiami may have the right at any tine during normal working hours, to determine whether the conditions of this Declaration are being complied with, so long as reasonable notice is provided to the foo-simplo owner, its, successor or assigns, before said official inspector enters the Property. An enforcement action nay be brought by tho City or by any property owner within 375 feet of the Property and shall be by action at law or in apity against any party or person violating or• att mpting to violate any covenants, either to restrain a violations or to recover .damages. The prevailing party in' the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. I. Sevarabiiity. Invalidation of any one of these cove- nants by judgment of Court shall not affect any of the other, PEC. l 4b 19rb " 1333 M 4 Provistans of this Declaration, which shall remain in full fa rca and affect. a 1 ' .ardin9. This Declaration shall be filed of mrd. among the Public Records of Dade County, Florida, at the coat of the fir. IN WITNESS WHIREOP0 the undersigned have met their hends aid A seals this y day of M14 1990. witnesses: GARY SPIRER • ;.� _,_'�_�; �-- ' By: r ' . w Al z J - CAPITAL HILL INMTMENT COMPANY, a New York General partnership / By: `J y STATE Of NEN YORK ) • ) SS: COUNTY OF Before me, the undersigned authority, personally appeared ` Gary Spirer, Owner, who acknowledged on this `/'SC day of � _ — s- 1990, that he had the authority to execute the loregoinq instrument for the purposes expressed therein, A�RR1A QlCi11ARA � • •i L��• Qwk++ I is Kipp conaa� rspM ww. j,. i / State- ! New SYrAt qe �LA jj4 REC. t: IL STATE OF NEW YORK sS : �- COUNTY of Before me, the undersigned authority, personally appeased A as of Capital Hill investment Company, .el�//l� a NOV York Ooneral Partnership, whO _ acknowledged on this day of.-..--0 19900 that he had the authority to execute the foregoinq instrument for the purposes i expressed therein. PUBL State o ew York At t4ige My Commission Expires: �(MEN"i ils i111i� _ A :'z i OAP. AEA. mozawn­st Manna The undersigned, Southeast Bank, N.A., a Florida corporation, — ("Hortgaqee"), owner of that certain mortgage from Gary S. Spiror j and Capital Hill Investment Company dated the iSth day of Auquat,= 1985, and recorded in Official Records Book 13786, Page 486, of the tz Public Records of Dade Count , Florida, in the original Yprincipal amount of $325,000.00 covering all/or a portion of the property described in the Declaration of Restrictive Covenants ("Declaration") attached hereto which has been duly executed by Gary Spirer and Capital Hill Investment Company, does hereby acknowledge that the terms of the Declaration are and shall be z bindinq upon the undersigned and its successors in title. IN WITNESS WHEREOF, these presents have been executed this / day of 2 ` ? , 1990. SOUTHEAST BANK, N.A., a Florida corporation by► Ana Maria Hernandez,. Vie President • 00 • Attest: : '.r, .. fy �•� Yi11ias V. Lang, Vic6.fi-811i,00at STATE OF FLORIDA) so: COUNTY OF OADE i BEFORE ME, the undersigned authority, this day appeared f S1 .,.>.•.•r:-; and : !•''i.s ��. �! �:. both beinq to me wa l 1 known by me to be the :: Y �; �� t r and xr { r -ice r r1 . Ste: r fi u R d-. 1 ayV. r, — r Y. .:. � � _ Ct iv�►ly � of southeast sank, under the and said arsons are known to at to p laws of the State of Florida, the foregoing and ,- be the persons described in who eXecvtted air og ficiai capacities as such o#fiC+rrr •- instrument and who, in their tion who "- tion, are the said officers of said Corpora of said Corpora ed to and before me that they acknowledg than and there severally in their said official actin g executed the said instrument, and dead of said Corporation and capacities. for and as to the act orate Seal, for the uses me and impressed thereon its Corp authorized and in its na ► duly therein mentioned, and after being - and Purposes„- d irected. r r • �; min the county WITNESS My hand and official seal at on this, the _2j day of and State aforesaid, - .V FIN STATE �F _ RIDA = My Commission Expires: PiSLF: S"!; of rLa"CA NY cCr."IS5 . JILP. wa.25.1"2 p UMC;%iASLtoo s 1 1 114 February 22, 1991 - City of Miami City Attorney ; r 1100 Amerifirst Building 0ne=-8.3 3rd Avenue ., _ Miami, Florida 33131 Atte Irma M. Abella xi - AEe Blanca Espinoza _- Covenant for Propertye 3157 S.W. 24th Terrace Our Pile Not A-90-798 - - Dear Ms. Abellae - This Law Firm has been retained by Mrs. Espinoza to prepare_ - -_a covenant for her. Enclosed please find by a proposed covenant and joinder of mortgage. Please let no know if these are acceptable to you. I an also enclosing a copy of the title insurance policy and of the Warranty Deed, please let se know if these are -sufficient proof of title as requested in your January 28, 1991 letter. Hr. Espinoza passed away October 1, 1986 and Mrs. Espinoza; is the _ sole owner. - I would appreciate your answer as soon as possible. ItI ycan provide further information or if I can be of further assistance, please call my office. oe Si cer urs,r— - , ,T C L. rERNANDEZ, P.A. CLF/di i ~+ t)13Gx.AilATftjt_C!'_ itgd R*C'fVR CbVfgAYT lilt F'AVCk Op c*T or. THIN 09CLARATtOw or RESTRICTIVE COVE9ANTS by AWL El.ANCA °- ESPINOfA, the fee simple owner of the Subject property# in taVoi Of the City of Hiaaip Florida, a Municipality of the State of 5 j3 Florida. �S MITIIEESl:TH a {: WHEREAS, the owner control tea simple title, and are the owners of a certain property ("the property") in the City of =- Hiami, Florida ("the City") legally described asp South 1/2 of Lot 100 Block 3, THE PIdSS, according =- to the plat thereot as recorded in Plat Book 5, at �- Page 76, of the Public Records of Dada County, - — Florida, a/k/a 3157 S.W. 24th Terrace, Miami, Florida 33145 WHEREAS, the owner applied to the City of Miami for the approval of a variance of ordinance 9500, the zoning ordinance of the City of Miami, to allow the existing addition to the Single Family Residence at the above reference property. WHEREAS, owner seek to provide assurances to the City that should the subject property change ownership, the variance granted would expire and the existing addition will come down ri �i - �tS to ,,.?kf;. i _ S _ 91 -A the City of Miaiei, granted to the owner by the City Camaission by resolutionnumbeir 9-730 passed and adopted 8e0tebb6t 24i 2, Y The undersigned acknowledges and agree that in the event the subject property changes ownership, thei varlAft0a w. down; ti granted will expire and the existing addition will cone �R unless a new variance is obtained by the owner or unless the e` zoning law governing this property have changed and allow the structure to remain. 3. The undersigned acknowledge and agree that the existing addition to the property shall comply with the standards and regulations of the South Florida Building Codes. 4. The owner acknowledges that any official inspector of = the City of Miami may have the right at any time during normal working hours, to determine whether the conditions of this declaration are being complied with, so long as reasonable notice is provided to the fee simple owner, its successors or assigns, - before said official inspector enters the property. An enforcement action may be brought by the City and shall be by action at law or in equity against any party or person violating 'ate x t: S t fir_ t 1r r a t 1 ESPINOZA, his Wife. SILVIO ESPINOZA passed away on October i# r 1986 and the sole owner of the property is BLANCA ESPINOZA. • IN WITNESS WHXRXOE, the undersigned have set their hands and Deals this �� day of February, 1991. 1 BLANCA ESPIN 4L STATE OF FLORIDA ) sue - COUNTY OF DADE ) BEFORE HE, the undersigned authority personally appeared BLANCA ESPINOZA and that she had authority to execute the — foregoing instrument for the purposes expressed therein. Sworn and Subscribed before ■e n h s day of February, 1991: ••• ,: : r .r { 1 • i?1 - 4 s . ;±Still Y • 04re A.; 71 � .�w �`' r+mod •. erg r TITLE INSURANCE POLICY AMERICAN LAND THE MOC1AtION OWNeAl OlLICy ':- fORM A-1010 !Amended 10-17.701 z r r! z q� f�— .pr w'-M M — &V'• rurw � N — gape SlaftM ass �warwr &*am& aftakr •►am r rrrrt r .40200 t— �O � 1 ww t #+� 1 rj- i_ q— Fw,r— u4w _ ITLE NSURANCE OMPANY OF INNESOTA tl = !4 mt Offkt 4W. 2n0 Ave, Sp„ Minntiaolis, Minn, 5S401 • 61213?1.1111 r „ w±. � rr• Pr `-- r wlw.,. _ F tl 'h a f $rJtttislJlrctle ' T .. -. . . 1, 4.1 sw.., yru, sspsl..l.ut1 s.r• m tn1 .elite ""A" s, 'Awlir.ttu. 1llttttler� . t� r A) of tittt's 1st it rt4is41 p tl.a ! 1t1 tlrai tt Atlt i,tti d4 m # tY}11sM u► A1ldtooid Autd >f psielsili Wtl t!) on Ap �j ' =-. 1 Jtgl lr+liJ pWf +q sasrtt jar, $t;itli t ttAttly. tt1 t+3ii`i1t ' + Alttod try) Ap Isw ...vi rift+„! Jfp1n fil'iti6tJ+ItUnrgs sq1 mil so AJq.t,lo )feYA +star*$+ lurpit.0 1Ad %At"jSt#it Jfi 4"it41 11104 '11,11st, pflalit or ut+dn t+spir"i'l tt Ut/tltlittt pAt+t 1t41 lUsltf ssurl 401ir 'lft►ow -qN.J '.lash% tutl)l.yt lit Iti?mii.ta I.. si $ 6 .y 141 ill poMtWl otnt $.Witte lt000*00 ttutr}a"aid all SU01,41e 14 i1fJltur `still 'ItIvis wr J140 * slAri41`t tr+ +,t )`.tlJaJli J • jf*ii+titl jutlltiv„j U.alettlt; lit us taln/u1 W Jo 4011u>,jsr s111 J„J 801441Jd Rltill tllr„p's,1% totit $III pl t$Ull 0111 0004l4 rlifl;u.t lot Othi'lut itlir snpun $n4t14jtrt our 1103 b*41111 it • tvtdWo� $yj (t) tattp „pull•, Wis1 $40 'sf4iwtip .0#014110Jd ,Ilsd,Va ItfJ stnitiku•,A >tuVW*13►iJttstl)wAllON* Mri A.$ t1+14t1 111s/fy1 pst/Jjt 11uya1sAl.ld4u1 rut •V j4vij-AQ*% 04 Us wtelo to r'J}llohl " "! 'v 11 4P J, P" asp Us f+UPARISA Ap As A1tt:iytiodt 111041mor purl silt ..tuft.. it psJntUi Otis bt Maim ff1r11Jow isuow SoOSJtid Jr. UM PA Aq g,sJnsut ut tit flndwl A% 11411 •il•Ail tut ' t' a,l itw gtlgtt attl..0 1�, nf1.1` t Ad t+ain.st ttsupr►taspWr spl hl lisistut Its delis ptes 0410 . Jn rnt W / ftt t " d J - Ul stlt UI •Ivtoutl stIMMMUS 10111 'f}rsl44uUt tEnl!t „iFl flwrarw„ 1r► Jo p. ptut v J J p. M Aft In utRJ J t toU lttpl 410110d tlpt 'Js#ihtgl 'psplAnfd -ltilflUt Jo Hells tjSn1 An sSutAfAUOa fb AS)MIt AWt in p►Jn#w pans tg iptul AlUttittt jn tltftusitot jo often Ali AoMt11 oltq 11t%" psfnlvt pins tt lutit of to •patntul O is W64 fsIttlband t Ail uf,ui Heiutwl Ssuow MOS"d t 44 piJnatn, iteur61460401 Yt littlOoll 80 'putt #141 Ut WOW fo ilitlti wt smiths piihoui $this to Iuol 61 psmal Ut jo Son) 4tl As"04 jo JJitQ jo to omj 111 ihwlu8� Rltys A+/j+.: Will Jo JIMAW 041 Aliq Ib abnAbmo* Moto Sv Alttlul io U6 M PUDO it -putt ples of SIA3WISS usilitu Jv SS11ou fAllsnasuois ftsdwl moll A4 143l4ph tpaom olopl :.,lpso"s Sgpnd., U) a) Stewto in slot lutW1El1 pifntui tit .,,IptWlt$* r.4jAAU1„tq1) 1M%x3snt AtesstipJ fit AtealdatO to'Rol If, OlsO •uswfdiJ 1tUousd VbAulhs •tiitufltfstitYiil4ip ilifp Iq fNMiYii 1011 t1114 '21ollpriltous >i w"and Wits) psp.latUlltlr it 4041 Jr, Utdltifd.r Ap psAloi pynt jW 1tfM1Ut spl 111 p1s>,n. 041% *411111 lslnrUt ritutu 'r a41 1SWItit pt% farp (rw 4utdWt'3 041 saruysp it %10" ttt t t 130tpns'pue'V flnpspag ut ttswru psfnlul Wt :,,pfJnrw.. 1t1 �ursta Asolod still tit pstn Miff« iwfs) lutt,rjlbj 1141 w+Jtl la uat11u1 Jr� -; SAOIlvinaus a.Nv Swtllakn.) 401 SCHEDULE A 1. Policy butt ..:_." Jjsr&4t . l'�g .r. .. 't ._t,�. K o cicxk. Tip `t h used hifeunder. in shorn tide to the fee simple estate is rested at the date htreof. is: SILVIO F. ESPttiOSA AND ILANCA ESPiNOSA, his wife 3. The land referred to in this policy is situated in the County of Dade State of Florida and is described as follows: South 4 of Lot In, Block 3. THE PIMP-1, according to the Plat thereof, as recorded in Plat Book 5, at Page 76, of the Public Records of Dade County, Florida, a/k/a 3157 Southwest 24th Terrace, ?Miami, Florida. 33145 I , policy valid only if Sc h►WUS 0 is attedod. f f f - } 7 x l . Fiats %'Nth would be disclosed by a ccmprehensivt survey of the premises herein deutibed. 3. Meth nics`, Conttaft'n, ' or Mtitria lmen's liens and lien claims, if any. where no notice thereof appears on record, 3. Rights and claims of parties in possession. 4 • General or special taxes and assessments reouired to be paid in the year 1981 stkd subsequent years, which are not yet due and payable. Folio No. 01-4116-11-037i1.— 5. Dade County Vaste fees, if any. 6. Restrictions as contained in Deed dated 5-7-25 and recorded 5-11-25 in Deed Hook 615, at Page 137 of the Public Pecords of Dade County, Florida. 7. Pending Sanitary Sewer Lien SR-5450C filed 9-28-78 as per Resolution 78-610. 8. Mortgage given by SILVIO F. ESPINOSA AND BLANCA ESPINOSA, his wife to GEORGE 61. =_ CARTER AND ALIENS E. CARTER, his wife, filed in Official Records Book 10993, at Page 936, of the Public Records Of Dade County, Florida, in the amount of $30,000.00.``'` t s u'S-0 1 f w�Y Vf i U 4 1A N6. SCHEDULE A 1. Policy Date 3 ry 2.3,o 114-Al -v— W1. o'clock. fee simpk Mile is iftled at the date lieted. it: Tl* Itituted hertundet. in W110M title to vie SILVIO T. tIRPIROSA AM SLOCA UPINOSA, his We 3. The land referred to in this policy is situated in the County Of Dade State of Florida and is described as follows: CONDITIONS AND STIPULATIONS 1. Definition of Term The mowto# gum whem mW is dd6 policy man'. (at -insurer: nw insw*d matmed In Sdwdob A. and. subilct W am rights Of iffifflIFASS the CO"BRY MY NM jk8d spial the. n3ffw4 g0ftfird. tkOft!A-bOlWC*fd 10 OW 6RSNWt Of WMA i0nrrd b) Isperillan of u*A- as &t1quiawd from pwcMw indudial. bet 11M 11maled SeLholn. datftwevs. de"I . vimWom ownead wwmlk* pAtows. 0wo all kift.Or cwpmtt of fiduciary twe"sors. (lbl*i$02mft* claimant Insured "Mal so" at damw hereunder. (cl" Krum kwwAodg*. lootcomstrucli" k"01- tare of MulctMlwh Huy . IV itimputed S41 an iftword by #"me of an) ru"c ft4;owjlb- (41 "bold": she had 4twelvd. "wifkally I* In toffee" in SwilrJult A. and imr-WIN"m , MOW4 tkvWO which by 4% olmlifult real fq&qwty; fvwAkd. btmtw,. the "m -Amd- do" n.,t Mlvk as) Im,party beyead the HUM of OWN Well Wcificft 4v"-rjhf4 or referred Its in Sdwdok A. aw 887 fight- WIN- ud~- obtile "I raw"Wal in &"'A$ 14c"M foods. SWOWL amW tafts. ways of ovatemays. but mdbwg wein " momy or knal the tstral to %*icb a #*bt of access to and from the land is insured by d"d. ofsolhor Ft tF (f) "pubk Pecarik": those rotor&- e6khAW-16W. coustriati%* eatko of oaten "Isting to *d hmll J. CWWM$t*ft $1 IMAM" $h" not cowlap of Ikk policy, sw-coats out--im farce as M Q, ftkY is Ism of an inner" is each jii� rolliVA-40etoiiitif Of JWMU in OW _b" ab" %p jft&**#MM �W 0" of alermety gn4k by sec* Mowed u',Mv, $"* 0014M of interest. pnoided. how -or. coolum in Iffft in favor of any pwcbm, M v it"a W" foust or i"WIM ", 4A Am 0 Iftero PWCMW Mawr Mort" sired to suck i. "wat ene Put llm of AcOwO.t 0" kv an kajew chimp* (a) the coompany. at Its 0" dove I to- We for the dtfafntr of l0ot""` of aclia" or prowow ft"weven"o. or 0by" (b) The ibo"Wom sMA "llbe lib in ~aver WIN or pswrnrdiw;me 41 m*mv. (4) Am saw Las d dp *A COWS -.10 80 4 474 "IF Ili" 44 bile of imoom "Wit arAl. m #0 *It se 1 7 r.; �' ... POLICY NO. AV1►► '016.A1CAw lr►Nb tlfif�i���►�i�► ;.�f, All kliCy t FOAM A 16701A nett! 10•t7.701 ; cab .... ItLE NSURANCE OMPANY OF INNESOTA - 4 a Stock Company, of Minneapolis, Minnesota SUR1LM TO THE EXC'LMONS FROM C'OVERACL. THL EXCEPTION'S CONTAINED IN SCHMI'Ll. h ANti =. THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOI'. TITLE INSURANCE COMPANY OF MINNESOTA herein called the Company, insures, as of Date of Poll,% slrtw►�1 ,� � ' in Schedule A. against hiss of damage. not exceeding the amount of insurance stated in Schedule A. and coats; attorn#%-&' fees . and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured b) reason of: t is I . Title to the estate of interest described to Schedule A being vested otherwise than as stated therein. 2. Any defect in or lien or encumbrance on such title. or 3. Lack of a right of access to and from the land. - IN ts'ITNLSS WIIEMP. the saiu T111: Insurance Cumrany of Plinnesma hak caused its verr,.rato name ar.,} s.•rl t., be hereunto affixed by its doh, authorized o"'Kers as of the date shown in SOiedule A. the pul;.% it, be tolcd 01cc, countersigned by an authorized officer or agent .f the Company. ITLE NSURANCE OMPANY OF INNESOTA : 1 g - A! President Counicnigned� ; I /• ; Authomeed Officer or Agerst Secretary. r L EXCLUSIONS FROM COVERAGE The following matters are expressh excluded from the coverage of this policy: I. Any law, ordinance or governmental regulation (including but not limited to building and toning ordinances) restricting or regulating or prohibiting the occupancy, use or enjtryment of the land, or regulating the charactef. dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation'. in ownership or a reduction in the dimensions or area of the land. or the effect of any violatirm of any such law. ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of policy power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects. liens, encumbrances, advene claims, tar outer matters (a) created, suffered. assumed or vpreed tu;b? Also insured claimant: (b) not known to the Company and not shown b) the public records but known 'its the instated claimant either at hate of Puhty (it at rile date such claimant acquired an estate tar interest insured by tlm p olu% and not diwItned in writing hi the mwrcd claimant to Ilse Company prior to the date such insured t.laitnamt` t+ocatne an insured hereunder. (c) resulunE in fits It►ss or dantaw to file insured claimant'. (d) attach tip ter created suhseyuent tit Date of Ptthcy: ur (c) re%ulirng in hiss or dame).~• which would not have been sustained if th4 irisured- claimant had ltaid value for the estate t,r inferost insured by fills ptslicy. 4. Tile refusal of any person tat purchaw. lease or lend nioney tin the estate tit interest covered hereby nrthe land described in Schedule A. STATE TITLE AND GUARANTY CO.. INC. - 2S5 WEST 49th STREET' HIALEAH. FLORIDA 33012 (305) 556.37" c r � t • �� • J of foam 11e u•• Copyright 1969 Anvricsn land Title Assscistie" - Tftis 'nstrutltertU KIC 10MVC I Is SIR 2002 - rSA , � ►t t . Address As-0 AAI__49 4-0Air i. Warmy at 1,00ted StAru - Cora ,C3a8 r ( rof�► Ffi�t S1tt10M t1�At E.S.} ..- -_ -- -• L e , a. us jf ran at. Made this 12t h day of December ip g0 Itlt :' 0204GE W. CAIVrEIt and ALI CNN N. f.AItTNIt, hi tl wi f e, of tha Coo" of Dade .State of F1 on da � - grantor , e1w,;- r� SILVI O F. ESPI NOSA and BLANCA ESPI NOSA, his wi f e. whose post office address is 3157 S. W. 24th Terrace, Mi &mi of the County of Dade , State of Florida rtatlaa�' ;- Hd 0tfifl #1#. That said grantor, for and in consideration of the swn of Ten and 00 /100 ($10. 00) and oNrer pool and valuable considerations to said grantor in hand paid by said grantee, the receipt whareol is hecablt = acknowledged, has granted, bargained and sold to the said grant eL ar�da grantee's heirs and askps forever. #W fofhiwinq= described land, situate, lying and being in LeaOCounty, Florida.flaridto•wit: South 1/2 of Lot 10. Block 3. The Pines, according to the Plat thereof,, recorded in Plat Book 5. at Page 76, of the Publ i c Records of We County, Fori da, a /k /a 31157 Southwest 24t h _- Terrace. Miami, Florida 33145 SUBJECT t o t axes f or t he year 1980 and subsequent years. SUBJECT to a Purchase Mney FL rot rdrtgage i n the amount of $30. 000. 4 • F .r.tA. T .. , '� � .�• + ..) �t f ti !J t � 61f1aMT . Fn 10*Gt L. FERNANIM Citv Attor"ev • February 20, 1991 Carlos L. Faxnandost Esquire 2121 Ponce de Leon Boulevard Coral Gables, Florida 33134 Re: Blanca Espinosa Covenant for Property at 3157 S.W. 24th Terrace, our File No. A-90-798 Resolution No. 90-730 Dear Mr. Fernandez: 1 reviewed,, on February 25,, 1991, the covenant enclosed Frith your letter of February 22, 1991 on the above-roferonc*d Enclosed are my suggested changes to said covenant. I have, als- - reviewed the title insurance policy and warranty deed enclosed_`; with your letter and find then unsatisfactory, since we require as current opinion of title prepared by an attorney or a, 7"'Y" insurance company dated as of the date of execution of'` t.6 covenant. W* also require that all mortgage** join, 'in covenant. - Please, note that I have been corresponding. with ' ­ Mrs. Zsp,nosa since October, 1990, impressing upon herthat t variance granted by Resolution No. 90-730 is conditioned Ulm entering into a covenant with the City and have been tryift­t­Y_.. work with her to bring this matter to a resolution. omcf of THE CITY AITORNEY/1100 Amerdirit Building One Southeast third Av muv MidW, Flarido,331 r. Guillerw E Olmedillo, Deputy Director u, Planninq, Building i Zoning - Joseph Genuardi, Zoning Administrator — Planning, Building i Zoning G. Miriam Maer Chief Assistant City Attorney Blanca Espinosa 3157 S.W. 24th Terrace Miami, Florida 33145 4e� R. f F � ,fb"k f h: r s x F p "W& dlilb 41 Ali skt#Aft AO fan DILL ATION of nla valefivs row7to the toosimple owner of the subject or Of the City at Miami, florid&, a Muaiaipality of the Atata of llotida.is jilt M8212Alt, the Can" controls a sispie title, aadtha ovaerp'' of a certain probe y (etae��iropesty` in the City of _— Miami, florid& (/the�City" legally described cat South 1/2 of Lot 10, Black 3, TNN P2922o according to the plat thereof as recorded in Plat Nook 6, at Page 76, of the Public Records of Dade County, - rlorida, a/k/a 3157 S.N. 24th Terrace, Miami, - florid& 33145 — WKNhNAs, the owner applied to the City of Miami for the approval of a variance o dinaace95 the zoning ordinance of -_ the City of Miami to allow the existing addition5to the t�p ZUs'AiS_'II �+tmilY S'bsidea the above se! renpero_ � peg;t 4L4, - 41 Cl�n NMNR=AN/ �nes eekcto� that aA 7 % me fpal 4beetW4 the snbMdi- Aroperty c anges owner b , UP vat face •� Ott b�a'I �i/f4ft �/1Djp1r7 �7iff ���.i�'o t�rp�r4/�CC — y 4 granted and tbee�� c.►%/� �aVf.4.1 �rc�ine+sdlte, �'�i�a G fr ,6(•o i •� tfkyp G►fi r �; C47 e evAW vliMNN t �Jft' seef�s� c� — a�, n+o�+Y ZU thati the existing a4ditloo to the operty with the standards and regulations of the south florid& Nuildiag Code, ` and, "k y 'At NNNNNAs, the &nee therefore agrees andlqpW desirous ..� O ion `? IN, OF ViS �bJ6iW1s making a binding.commitment to assure tha ate 1� � carried outs p?•,� et- NOW TNNANfONN, the Owner voluntarily covenant9and 44re46 No That the vroperty will be subject to the following } ' restrictions that are intended and #ball be deemed to be �. _ covenants runniawith the land and binding upon the after of'1_1��r.' = `� the frOpectY0A41W"2'_=M=Wand assigns as loilows$ Lon acknowledges that t e �roperty has been granted a variance from Ardinanoe 9500v the Sontag ordinance of `" the City of Miami, er Sf t e by 4 Asolutlw4ftW #730 passed and adopted daptesbe , 1990. q s A 4cA P me. l r OVVU the �'operty banes , 00 ersbi' , the Varian. 6.; 01 07 granted,Av and th un S cri�a � ' ^� !�� �/D/r,�1 � �� OalACrd►+�/ 1. A Iff-U-nd-er-a-MU-4-5-acknow Ledo�T�� a the existing additicnS to the eroperty4 what%••-adfp'IVwitb the standards and regulations of the south Florida 061ding Code)(ifn Zt is , .v,."Iboh awd 48j rt �• f. that any official inspector of the City of Miami say have the right at any time during normal working hours, to determine whether the conditions of this y� f6 declaration are being complied with, so long as reasonable notice l�J is provided to the fee simple owner, its successors or assigns, I before said official inspector enforcement action may be brought by emtess the �qs uP1 tgs31q,r the Cityq as shy be bylk P� action at law or in equity against any party or person violating or attempting to violate any covenants,• 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 should be in addition to any other remedies available under the law. �[ This covenant shall b� re ordsd �p the Public Records _ of Dade County, lloridala�and the Provision. thereof shall _ constitute a covenant running with the land and shall cousin in � full force and effect and be binding upon then elm edlme6, - heirs, legal representatives, estate, successors, grantees, and assigns. ,� All purchasers of the 4roPertY from tb� `JOnert shall be informed at the existence of this covenant. Invalidation of any one of these covenants by judgment of Court shall not effect any of the other provisions of this _ - 2- z 6 f declaration, which shall regain in lull force and effect. appear as '� •IMIMPINIMA, i Wks-.: opsrty s YM My 22801 VltINNOtt the undersigned have set their hands and goals this hr day of rebruary, 1991. �"'� STATS OF FLORIDA I not COUNTY or DADS MOAS HBO the undersigned authority personally appeared ®LANCA RsPINQfA and that she had authority to execute the foregoing instrument for the purposes expressed therein. Sworn and Subscribed before me s day of rebruary, `I•. NOlAA UDLIC, State off di My Commission Expires, NOTARY PCDt.§C. STA:'r OR PLo%,t". . wr bvwwla.•... .r.......: J41i..N. IMtI mot. 601AWW WRAW 406-. �r.rw Y.wrwww.Iw�{ t C�{ w 3w eArr tc: I 4b fiL l `& successor, *hail execute a written instrument in recordable fora effectuating and acknowledging such codification, amendment or release. G-real of cev�e.nt. This voluntary covenant on the part of the Owner$ shall remain in lull force and effect and shall be binding upon the Owner of the Property, M successors and assigns for an initial period of thirty (10) years trom the date this instrument in recorded in the public records and shall be auto- natically extended for uccsssiva pert of t n (10 a �mn�As Row.- ��� f" .*-.r thereafter or, as long as on tHe FEBparty the rrgwrW, whichever is longer, unlaw noditied, amended or released prior to the expiration thereof. no 0 it i understood and aq ed that any official inspector at the Ci of Miami may have the ri t at any time during normal hours, to determine whether conditions of this Declare on are being complied with, so long as Is notice is p idea to the tee -single owner, its successor or Property. An any. property owner action at law or i or attempting 's !past beto said official inspector enters the Lou may be brought by the City or by ►i 375 test of the Property and *ball be by «ui against any party or person violating violate covenant*, either to restrain violations or" to reowww me prevailing pasty in the action or it shall be entitled recover costs and reasonable atto • tees. This enforcement ion stall be in addition to y other reasdies available under the aw. 1. invalidation of one of those cove- nants by judgment of Court stall not affect y of the other FCC. s' sent by Certified mail, which provides that the City will perform such saintanance, unless the than Owners respond to the City within thirty (30) days. d. �eaea tisa. No reef vehicular access for ingress egress shall be permit from tho Property to N.M. 49th Avenue, N. sth Street or .N. 6th Street. owners further agree to support activel participate in any efforts to close the alley located cts a and S of the Property. C. na. I.iaitteiers. subject Property will not be developed with high d ity tiple family residential development. U addi on, Tract i of tulota Subdivision, as recorded in plat 103 at page =_, public records of Cade County, shall used solely for parking. — D. The we voluntarily aqrse to con to $10, 000 to the City of Masi at time the appl ied- f�oninq district boundary charge becomes final\ r �d atra�tiw a ea. 0non the above -referenced 1ysonri�- --&w mYvt has bec.man final and Halo -appealable, thi. instrument .hall 're } k_— z— = constitute a covenant farming with the title to the Property and A be binding upon the Ortras� tat" scessoss and assigns. Thesei. restrictions shall be for the benefit and limitation upon all pre- sent and future owners of the Property and for the public welfare. This instrument may be modified, amended or released as to any portion of the Property by '— a written instrument executed by the than owner of the fee -simple title to the land to be effected by sick modification, amendment or release providing the sas•� �e I e pti p FA fV Miami City Comsissionml Should this instrument bd so modified, amended or released, the Director of the Planain%Department or his 6,e�«' 0$4 k. AYkrJ�kV l:ra.t. a.,.w;. �:..4✓y'*4: IORGE L. FERNt Cic} Attorriey, j N— 00) S0, 04 fiel�twpitr: t3�13i 3'�� t'-� , - t at March 13, 1991 K - a. Carlos L. Fernandes, Esquire 2121,Ponce de Leon Boulevard_ Coral Gables, Florida 33134_- Re: Blanca Espinosa Covenant for Property at 3157 S.W. 24th Terrace _— Our File No. A-90-799 Resolution No. 90-730 Dear Mr. Fernandes: We are in.receipt of a Declaration of Restrictive Covenants dated'March 6, 1991 — on the above -referenced matter. As stated.in my letter to Ms. Espinosa dated January le, 1991, of which I ` enclose a copy, the variance fromi Ordinance 9500 granted City 'Commission by Resolution No. 90-730 , passed and adopted �- September 24; .1990, has terminated due to the fact that the — following events failed to occur on or before U=h 2 1. A11'_after-the-fact building perstits required by the Planning, Building and Zoning Department were not obtained._ 2. An executed covenant, in a ford acceptable to the City Attorney, was not proffered. _. Ms. Espinosa will, therefore, have to brine the ro st y. into compliance with Ordinance 11000, the zoning ordinance the of City of Miami presently in effect, or apply for a variance from said Ordinance 11000. OFFICE OF THE CITY ATTORNEY/I= Aawwim w"nVon* $Wj0" t T Wd Ate, Carlos L. Fernandes, gequiFs - March 11, 1991_ Page 2 1 f 1rou have an clueetione, do not hesitate to call me., Sincerely, ,z Irma M. Abella K Assistant City Attorney IMA/lb/P398 cc: Sergio Rodrigues Assistant City Manager Gloria Fox, ChiefLj : Hearing Boards Division Planning, Building & Zoning Guillermo B Olmedillo, Deputy Director Planning, Building 6 Zoning Joseph Genuardi, Zoning Administrator Planning, Building 6 Zoning Matty Hirai, City Clerk G. Miriam Maer' - Chief Assistant City Attorney Blanca Espinosa (Certified Mail Return Rei t R 3157 S.M. 24th Terrace ' ceP equeated) Miami, Florida 33145 '- Tony Sacerio P.O. Box 450857 Miami, Florida (Certified Mail, Return Receipt P Requested),, 33145 y�� , Pe, - Ay IORGE L FINNAND11 C:,. Altornps "`\►ice +, tnri li + �ifNtotti irfi �3 d' to January i�, 1991_ r CERTI!'M -�►x . PF J Blanc - a Espinosa 3157 S.W. 24th.Terrace { Miami, Plorida 33145 Re: Covenant for Property at: 3157 S.M. 24th Terrace Our Pile ft. A-90-798 Dear Me. Zspinosa: Please be on notice that the variance from Ordinance 9500, the zoning ordinance of the City of Miami, granted to you by the City Commission by Resolution No. 90-730 passed and adopted September 240, 1990, will terminate unless the following events occur on or before March 2, 1991: 1. All after -the -fact building permits required by the Building and Zoning Department Must be obtained. 2. An OXG=ted covenant, in a form acceptable to the City Attorney, which will ensure that the Property will be= brought into compliance 'with the Boning ordinance at f` such time that the property changes ownership must be proffered. f, y; �r OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Buddins/one Southeau Third AvenueiMiami. Florida l)1j1 y'y Irma M. Abella AMA/lb/P291 Assistant City attorney cot Sergio Rodriques, Assistant City Manager G. Miriam Haar Chief Assistant City Attorney Gloria Fox, Chief/Hearing Boards Division Planning, Building a Zoning Dept. Guillermo Olmdillo, Deputy Director Planning, Building a Zoning Dept. Joseph Genuardi, Zoning Administrator Planning, Building a Zoning Dept. Natty Hirai, City Clark Tony Sacerio (C•rtlllllliiillliiWINE i�d P.O. Box 450957 Miami, Florida 33145 ..A916011W At t0"Le��ass ! ,x March 18, 1991 City of Miami City Attorney 1100 Arerifirst building r�- One S.E. arc! Avenue p Miami, l'lorida 33131 i; .�. Att, Irsa H. Abella, Esq.y tic REI Blanca Espinoza Covenant for Propertys 3157 S.W. 24th Terrace Our Pile Moe A-90-798 — Dear Hs. Abella:- In response to your letter dated March 13, 1991, I take exception to your allegations. A covenant was proffered to the City, however, your office requested changes. A subsequent covenant was then immediately tendered to the City. As to the building permits my client has obtained the building permits from when she constructed the structure. Additionally, she has gone to the Building and Zoning Department F on numerous occasions and has obtained all permits except the final permit. They informed her that it would be released when you approved the covenant. '— I an somewhat surprised that your office's position is to s; den our covenant then claim it was not y • proffered. You c �_ requested changes to adapt the covenant to exactly what you t= wanted, but the original covenant was sufficient to accomplish what the City required. f- 3'` h ut 5':t , Y Page two March l6, 1991 Z 'Would request that you reconsider your position and tablet — SY clilht. I would like to remind you that the original delaYa its this matter were due to the fact that Mars. Espinesa wane - recently widowed and had a baby. ceors ly , ; ' CARL L. rERNANDEZ, P.A. r CLr/di -- CAWDS L 8rZ �a�na�arnSrwiri 1:— tiff w 4: r: 2?? �FH i1� 9�. tw� T nA "5 } . , i � I►1 )ORGE L. FERNANDEZ 4 City Attotney .,,�. „•, '' March 27, 1991 Carlos L. rernandez, Esquire 2121 Ponce d+it Leon Boulevard Suite 240 Coral Gables, Florida 33134 Rot Blanca Espinosa Covenant for Property at 3157 S.W. 24th Terrace Our File No. A-90-798 Resolution No. 90-730 �y s i t 5 :`Od tlkto�ieta t305t S7'9.3199 Dear Mr. Fernandez: i am in receipt of your letter of March 19, 1991 on the above -reference matter of which I enclose a copy, and would like to clarify the various points addressed in said letter. 1. You state in your letter that "a covenant was proffered to the City, however, our office requested changes." The covenant which was proffered to they - City accompanying your letter of February 22, 1991, received in our office on February 25, 19911 was legally deficient and failed to encompass all the terms of the variance, which is the reason why I requested certain changes by my letter dated February 28, 1991. 2. You make the statement that "a subsequent covenant was then immediately tendered to the City." The only covenant subsequently received on this matter is a certain covenant executed by No. Espinosa and dated March 6, 1991, which was hand delivered to me on March 6, 1991, four days after the date of termination of the •'" variance granted by the City Commission by Resolution No. 90-730. 3. You also state in your letter that your client has obtained all permits except the final permit and that the Department of Planning, Building and -Zoning has informed your client that the final permit would be h. OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Suiidi#WOne Sou*am Third Avenue/Misim. Florida 33131 i: Carlos L. March 27, Page 2 Fernandet, Esquire 1991 released when the City Attorney approved the covenant. While it is true that 1 had instructed the Planning, building and Zoning Department not to issue any building permits for the subject property until such time that the owner had submitted a covenant in a form acceptable to the City Attorney, Mrs. Espinosa has been on notice that the variance granted was conditioned upon the covenant and the after -the -fact building permits since September, 1990 and had she provided us with a covenant in a timely fashion, she would have had no difficulty in obtaining all the required after -the -fact building permits prior to the March 2,, 1991 date. 4. You make the statement that "you are surprised that our office's position is to deny the covenant then claim it was not proffered." If by the statement that we denied the covenant you meant that we did not accept the covenant as initially proffered, as the attorneys for the City of Miami we are compelled to only accept a covenant which we find to be in a form that will protect the interests of the City. I do not believe that the original covenant properly safeguarded the City's interests. 5. You ask me to "reconsider my position and assist your client." I am not empowered to reconsider my position, which is that the variance granted by Resolution No. 90-730 has terminated, since that would contravene Section 2105.1.1 of Ordinance 11000, the Zoning Ordinance of the City of Miami, which provides in pertinent part: 6. "Applications for building permits shall be considered in accordance with the provisions of Ordinance No. 9500 for a period of one hundred eighty (180) days from the effective date of Ordinance No. 11000, provided that complete applications (including all building plans, drawings, surveys and legal documents required by applicable law, ordinance, statute or regulation) have been filed with the appropriate city department prior to the effective date of Ordinance No. 11000." I appreciate your reminder that the original delays in this matter were due to the fact that Mrs. Espinosa was recently widowed and had a baby. Let me in turn remind 1 Carlos L. Pornandelt Require March 27, 1091 Page 3 you that 2 have been corresponding with Mrs. 98pinoea since October, 1990 and had impressed upon her the urgency of the matter and the deadlines that had to be met. The only position I can possibly take is that Mrs. Sepinose's only alternatives are to either bring her property into compliance with Ordinance 11000 or apply for a variance from Ordinance 11000. If an you have further y y questions, do not hesitate to call me. Sincerely, , Irma M. Abella Assistant City Attorney i IMA/lb/P412 cc: Sergio Rodriguez Assistant City Manager Gloria Fox, Chief Hearing Boards Division Planning, Building & Zoning Guillermo E Olmedillo, Deputy Director Planning, Building & Zoning - Joseph Genuardi, Zoning Administrator Planning, Building & Zoning .Matty Hirai, City Clerk G. Miriam Maer Chief Assistant City Attorney ,..`Blanca Espinosa (Certified Mail, Return Receipt Requested) 3157 S.W. 24th Terrace Miami, Florida 33145 Tony Sacerio (Certified Mail, Return Receipt Requested) P.O. Box 450657 Miami, Florida 33145 �3 ��a t "•, y March 18, 1991 City of Miami City Attorney 1100 Aserifirst Building One S.S. 3rd Avenue Miami, rlorida 33131 Atts Ira& M. Abell&# Bsq.y ABe Blanca dspinosa Covenant for property, 3157 S.N. 24th Terrace Out rile Not A-90-996 Dear No. Abellas In response to your letter dated March 13, 1991, I take exception to your allegations. A covenant was proffered to the City, however, your ottice requested changes. A subsequent covenant was then immediately tendered to the City. As to the building permits my client has obtained the building permits from when she constructed the structure. Additionally, she has gone to the Building and Zoning Department - on numerous occasions and has obtained all permits except the y final permit. Thay informed her that it would be released when h you approved the covenant. l 7 I as somewhat surprised that your office's position in to deny our covenant, thou claim it was not proffered. You requested changes to adapt the covenant to exactly what you ,ypnted, but the original covenant was sufficient to accomplish what the City required. a t i y � {F NO- Abllla# Pat* two+ , at ib tlti thla matt '��I Iika thatYOU °=�w or�riid�tr Your paae �' �'idbNa Vote ad�►4 duo to You that itch abd at�`a cad had a baby+ the fact thathH»�t �1601h Rb � aphaaa 'dal , sinc�r 2 1. CARL L, P/di �'aRNA1tD�Z, p, A. g'"1"°•��. ;zit '^ OFFICE OF THE C11 t p4 � t a n _777 F >'' w 7777 a s of t a of ,n City Attorneys 105! 579rlii00 m •m i( fielecopier: (305) 374.030' 4 • s January 18, 1991 , } ti ?e CERTIFIED MAIL RETV=: RECEIPT REOtiESTBD Blanca Espinosa 3157 S.W. 24th Terrace Miami, Florida 33145 Res Covenant for Property at: 3157 S.W. 24th Terrace Our File No. A-90-798 Dear Me. -Espinosa: — Rk Please be on notice that the varia from Ordinance 9500, the zoning ordinance of the City of mi, nted to you by the City Commission by Resolution 90-730 assed and adopted Y� September 24, 1990, will to t unless t following events occur on or before March 2, 1 1s 1. All after -the -fact building permits required by the Building and Zoning Department must be obtained. 2. An executed covenant, in a form acceptable to the City ` Attorney, which will ensure that the property will be -. brought .into compliance 'with the zoning ordinance at such time that the property changes ownership must be proffered. `h OFFICE OF THE CITY ATTORNEY/1100 AmeriFirst Building/One Southeast Third Avenue/Miami, Florida 33131 '01 alanca 9spinosa January lee 1991 Page 2 ROO R"i ti you have any questions,, do not hesitate to call me. Sincerelye Irma M. Abella Assistant City Attorney IMA/lb/P291 cc$ Sergio Rodriguezp Assistant City Manager G. Miriam Maer Chief Assistant City Attorney Gloria Fox, Chief/Hearing Boards Division Planning, Building 6 Zoning Dept. Guillermo Olmedillo, Deputy Director Planning, Building a Zoning Dept. Joseph Genuardie Zoning Administrator Planning, Building & Zoning Dept. N Tony Sacerio (Certified Mail, Return ReggiRt ReNflatild) P.O. Box 450857 Miami, Florida 33145 4 LOCATION/ A PI.1CA11T/owmn ZOSM Blanca Espinosa 3157 SW 24 Terrace Miasi, FL. Phone 543-1597 RG-1/3 Geasral Residential (one RAT Variance from Ordiusmce 95009 1 Zoning Ordinance of the City of Of District Regulations, Page open space Raquirevents, to all additions to the single-famll above sitep as per plans on film coverage of 1,925 sq. ft. or 553 or 43Z siasiou allowed); a wo 1.5' 0' required), as east sids required) and a combined yard at yam required) for stzncture; a near yard of .04' and a west side yard of .2' (5' the utility roost on above sita, file. RP: ATIONS ?LAN1= DEPABTMOT D,i Thew is no hardship requested variances to allow additions to the subject siagie f Providing a lot coverage of 1,1 SM 1,622 sq. ft. or 43Z wet $ide yard setback of 1.5' S. east side yard setback of 3',( Combined" yard setback of 4.5 i cho principal bu Yard setback of .04' 10' aquis side yard setback of .2' 5' r4 Utility room. The ari the else of the subject property the requested variances wi11 ram PI%T isge to this individual am 1001"ctsoa of the arms revea3aed VM=C WORKS am CO C TSAMC A�1D �ggpOgZA1S� CITY COMUSSI0N I t !!M s W0 111•1" Its f 3 { 11 n y, g { W s. • • 4e n rs rf �'rr n s3, 0 f , aIIIIIII ass. w p ■ ILv M w + r n e all:. i•e �S= f r• ,! ,. it i .. i �9C9�:� 3ONSINC O'T9000�G.T ,tf I low ��I �� jIKVW� L�A ANSHE 11\A XMI111Nl1f141 ,, TO 1•6t ( — 1• , 7 - n �el� a• r . . •+ MR a •its •HN at .• If Be to alias •r w n1 � w s►� sit» js• s• 1� •_� • •• 1•• • s+f• e N �� • r � tw + 24 3T. • M • • o f . f + le is" n 11s a �e • ' 2 �e ! • + i Ie » f �r rs • • • s • • • • r • r• w n �siu l�e�e a. � e t! . �, n S .it r• r s • .� ! s..r • too* + a its s• sR s t 2 s at 7101 • • Oil is Is I• 1• le 1♦ + 1• r M rr ss sa •s se IS s• at ss Its s• its 2� _ice. °» s tt � s +. s e r e • e• a o� • 11 10 a I ao mmm�m�c� loweenene�eemr----�=-- • r • 1 • • • • . . . s r 4 • . s t. $qs ZVI qper IF. Ti , hl K-I1. �'�;oil S.W. % 4Y S w t Aw .7 NOW. NP-7 S. W 7i4 TER. 'fan. SO A7 Ulm "FIR, 90- 730 Tz? - �z :+t >• esa:t;n'atn�as... k�r�+saa�r3,*y� a _ - �i i �tte 4 p� ,S.i?�'• • q.b L � _ 1 - -� 1 N 11+ • 1 �j3L Miami 1 june 19gt� P 4 39 Gloria FOX supervisor of hearing - Dept. City of Miami. the present I `would_ —F pear bliss Oloria, by ��- —i like this letter to serve as a official;� � variance, presented ' .. �^ - request of appeal to my n On the21 of to the "ttiami Eoning Board w1�t— May. �— =r! Petitioner. Blanca Espinosa. 4 tear -:� 3157 sw 2 4Addres. #fey =., � u� F1. 33130 _ r.. Miami f W �x� —x gal # S% Of lot 10 Block3 { Le >� The Pines Subdivision spa Plat Book 5, Page 760 P$,D.C.; • d• _1{ Respectfully MVmA Blanca Es ywotn to or before ffW /� ,I . C. 19.. . ♦ � Vfi 1 + "'Ay i"ism 90 . t Is PE" MON FOR VAR16M Fft-Nunitber V440m A variance is rdamodw of UNt�WM of tip as+s sub CCUO t WM not . -- am Wher,09 avow cancatmm Peadar, to do cat;1,07 to cud not dw do of camrwof am qmUcanev Ute al, avo em n of do j M.�.Y•��, • Y� �i Yl•o � � oR � ���.' .fill � . "'h do oremmw, a ve Is ems► for h* t+ area, &a of of Y ssbd ottea� open aad offssreet ar load rrgrebwrtentt fSoasioet3�3I �: ,_ Espinosa& hereby petition the Qiy of Miami — �a o variance terms at terthe ' Ordinance of the Qty of M1e�• _ affecting propec!y lexated :at 3157 sw 24 terr Mies specified below. to WPM" of this GPOC the following material is subenitled with this apptieaiioett 5 _y ,,ems 1. Two essoes eat a surrep of the pr�tr by o,5faie of l:'ioridd ReMpist�+eai { .. � - � F � i Coaft nd diflf�61iOfof 'fix3. at davits diseiasinq nersi=ip of vW%Pvm IF coved by application and of interest f m (Fam 443 and W139 pooch to q*Uc sianL 'AX 4. Certified list of ouners of real estare within 37.7 radha from *A oUtsid66 xX boundaries of Ix opt► covered by this oWicatiou CFom &M and Istf lac t .' Y f dX4.. •�•� S. At least two photogiv;h that snow the entire proParty (land on3 imparov�ee r t�,., Other ($poWy) Complete floor clan of exidtin nee de*s+ o. _ ' _ _ 7. Fee of $„ ..,tosppiy toward the cost of Wig, b=W of the,fvllopoi t "- (a) RS, RC-1 (restdod al use;) $2M oo 1) For permirlul at Plane lil Wr antenna: e W ft like $SW.00 � r %1All other appllcotions for ewe s request vet+cee $0.0 7 per x0t, of floor am of `bui 6 from the ore*=WS minim • $550.00 idi Suctharp eeiuol to opplloobie fee from to -W above►, not to amoscl • to bo refunde i if Haire is no W. {C.iW Code Sealort 424i ) y ,r y 9IF ) af-- k 77,777,7777-7, i, The'vG*NW* I equal is for rathf trot» on Is'onrieiolet Of S+eft% 21.02 flat city of MkIT9 zorkv Ordkwm as foltowu Variance from scheftltn of distric regulation pages of 5 miniiacsm. open space recuirements. --� Rear Yard(utility room).100 Required. .04' Proposed. Side Yard tlest Side, (utility room) 5' Minimum required. .2 Pronosad.- Sideyard Westside, (principal structure) 5' Minimum total i5'Roo .- 1.51 Proposed. Side vard East side, (principal structure) 5' Minimum totali'Reo ' S' Proposed. Variance scheduled of distric regulation , page 1 of lct co ver3re 1622W ". .43= Maximum •permited. Proposed 1925 e.55 tip 4. In supportof thh on the applleafl=4 '# a o�pp lcw& is mod to offer tm follow g P erg of Susan 31CMI of tip. My of MloNIf Now rm =Alteatto�WaspW +me orb for &Oft eoo d aatt= Mess Ga (a} SpeeioE camalm gnat eirevohionoes etdst Wmah ace PIWIar to the ion, � a or h� i:+voived and =W not a�ppbiaable to athgr d SITuctures, oc buildls iA fha sAenacffiftfct be A M t.ssa AdWtorest in than t�itat. svtdet `to E . The addition of this property was made under the insuanev of a lawfull building permit Issued on E-22-19E2, Permit VO. 88- S748 "SEE COPY ATTACHED" Under similar circumstances that exist, other petitions reouetais�� -- similar ad jusment :n set. back, livabilit-r . space and lot cov+era!e. had been granted. — l77 r + (h) The spet:ial carslittons and dr rnatances do not result [tarn that act rac of flat petItimW in *at. ; -- Certain conditions that exist are not the action of the petitios�� since the structure was built by others. ,. ' :L2 _ i t f z nnkq at e wowd depswo {c} Uteral Interpretation of their is � � PIWIQS in ft OWN the aPPtteant of riSihts tecens of the 4 Oth � weuld �rarit district under Petitioner thole unnecessah► { h�dshiPs ita s is-�,es.-ate ,• L` �7� -049 �_�.�- 'C�#.Zs. , Ti-�" �•�...�c� �- = a'7 i viZ�-�'�`a Y- � v i 1-1 -e ..•iIS ed will east confer an the petittoner any id} privil " the vbe%a request tar a.dw lands, buildings, or privilege that is deeded by � structures in the same zanin9 ►i e+i �'..�'•'"- `= C �c,� '` Si :.:�".� c: Tom- �' � E �!,�'p�•;tc-- ire: cs� y. "tT�i�'�!G- Y* A-Pv o N b Nf-.i �„� i i'C7N „,�,�rvc. b l� ' M•+°� � t`'1il w.tb i",' .,W {e} The voriam:*, if granted, is the.minieeium varience that will make e ale use of the land, build", or stPctvre iC,--:' *- ~�� 7 L-iL,, ti� Tl•m A„*. 90— 730 s. Ell Apq jq P3 26 the 11 i res' —go ad m_=hOMtT o this dW PWSXMUY who beimS tIf to first daY OOM, upan oath* deposeS and WIS: 1. That he is the mart or the lepI Lepesemati" of the M*mjttIM the accOMOVing application far a jmjW4c heWirlg As by OrtI'W=W No. 95M of the Code of the cItT of 141azd, Florida, affecting the real PMPK%7 located In the city of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all aifim= which he represents, if a"T' have given their 7771r, C,—)4F,7j_ T M p sukadtted in c=i=cr.4= . ir=h this afridavit, am true and correct. pjrchw Afri= sayeth not. swom. to and Subsc:rIbed before me :'arch. 00 this day of 0 C NO Antonio Faceri.. *;tary PubUC, RAW V/a LUV WTAgV pMtC STA My ccoodss1cm Ex;XLM: GEM& L El Telephone Numb+e1" Legal Oescri tion: F 141 c. --Trwa lvtll-4ere;�P I w P 91T ^T Pw-&a'7(6 F no-vic e.0t.44Tf Owner's Mailing Address Telephone Number Legal Oescription: Owner's Names 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 Leaal Description Street Address Street Address Legal Description rAlIML s. (; N!I` 'gyp 1� AR P 3 26 Qi19-Ai7 or 1. Legal discripti auk atrelt add of sul4ect r"I prL rtp t The south 1/2 of lot 10 ,Hloci. 3, ?ivies. according to the Flat thereof as recorded in Plat 'Zook 5 at page 76 of the Fublic RELwords 2.. •Owar(a of ryad6 CoiiL g Florida, d'J pzPey Percentage of ownership. � Notes City of Miami Ordinalce No. 9419 requires disclosuce of all parties fi'aviaq a financial interest, either direct or indirect,, in the ekdect matter of a presentation, request or petition to the City Cossaission. Accordingly, question 42 requires disclosure of all shareholders of c Mvporatioas, beneficiaries of trnstso xWor any other intestisted parties. _ together with .their addressee wd smpasctionate interest. - �4 4 own Blanca Espinosa ('"idoti) 100u 3157 sw 24 terr. K Miami, FL. 3. LagaI descxiptioa and street address of any real property (a) owned by any pUW listed in answer to question #2, and (b) located within 375 feet of the subject reel property. to tyONE{I STATE OF FICA ) SS s ccma7C OF DADS ) ,lanca says chat as is the tcvner described in anger to qua ae o ets and that the saw for owner) that he has form on behalf of the owner. •��.' 1. � fir_+S M-�G�J�. 1 Blanca Escinosa, ' 0WO Mt ]=off ME COO . being duly sworn, deposes and t or Owner) of the real prgnrty . aboues that he has reed the Ar—e=&4 completei ad g an lority to Omuta this D(� of ate . Oanig In 'Iri — _ �rblN�siecsa_+�►!. �"�'►.'.u�m _ t4P, . { � • ..... 1fi '�.'� rt,r>s rsMY 1un4.d. ,. ,ten. ' +=;.. f Kri � i i Y (S 11r\'1 X F tt.'A t- t'.j r ito COVENANT RUNNING WMIT T110 LAND IN VAVOn OV CITY )I MtA'M, the 1111derA idtted, to inn the present owner(s) of the fol tI r?roporty (htareihafYter caI luld "Property" ) lot 10, block 3:tThe pines Subdivision." PHS.� p.•'76, according to Dade Cocnty public records,F. i�t:dit3r) �3t3 x z; 31S7 SW 24 2err. I+tiami, Fl• _ -i tv of Aflami, Dade County, Florida, herubby t hi:� c::i•out•i- Covenant: Running With the nand in Cavot. Of Cit:_: tit. art 'Che ondet:s igned agrcn (s) and t7ovenant(s3) to the tol l ow :n•t : 1. The undersigned acknowledge(s) that the t)roPc-r t.y i vnnF:d R..� �3���,....r and agr(%e that the use of a:he Pree=:•=rty, i�c:ucling any additions or camodel inn E the exi::;._ny •rrueturn(3). steal- he re -Rt:rietod z: limited to .sirgl'. )',,mi ty ase only. <� 2. 'trhe undersy ianed sgr(.%e (:) W. permi t the -C t ty Fianrfr.r, r• .-- through his designees, to enter the property and any st:ructurty(n; located thereon, without advance notice, for the purpo:.. �t ` inspection to dotecmine comptianco with the t"ri.-I L thin = f_ :. The undern inned t;ur ther ac)ree that th i c:)vcnftni: :_�:•: I -its ++povisinn4 containedttcrein :gay tie eisforc:ed hl .t:.�e. !'i•:y f i u:-i i'v earol lminary, permanent • ncl mandatoryivo ie► j�:n•.:t i.,:tr. ;•• l : ::: may -ethe rwisr ►;,., pro%ri ded for by law nr ord inancc•. 4 4. Th i w covenantnhal l he recorded in the Public.,;: �:.=ray• �' + ;farm county, Plorida and the provisions hereof "e is.3l '1 f,w� xs 1 cins=itctcs a covenant runninq with the land and shall remain :n � :11 1 force and effect: and tic's hindinc) upon the undersigned, ;:Iteir k F gait:• -. , .-.qa l represtint;atives t ectaten v succeaVors ♦ grantant: isna a ,. All purchasers from the undecsLgnpd shall ho informeli r` ,►r t:ve existence of thi3 covenant. . Sy#yg or *sang►of t i ""44 e ow AL T— STATE OF FLoRrDA) SS: COUNTY OF DADE ) nefgre me, personally appeared Blanca Espinosa6 to be well known to be the person(s) described in and who executed the foregoinq instrument and acknowledged to and before me that they executed said instrument under oath and for the purposes therein expressed. , WITNESS ma hand and offic al/ seal this ��/.•`'•f.��'a" �; _ led ' ' — tary Pub ri 7 4. a Florida at rqe -~ ••,:� ,, •:v ;. -:.. ,�,o�� Ids.: my -Commission Expires: Anm wxu s:c x $1.1"ItA 5 Imm flees 4z6%AL W. of NOTE: This covenant is a requirement of the City of Miami zoning Department for the construction of your single family residence a= and any additions or remodelinv thereof. This instrument constitutes a legally bindinq document which :.hall he recorded in the Public Records of Dade County. if you. have any questions concerning its content it is suggested th3t you consult an attorney. E� 3 zT . t �y� G!N/wpe/ab/PI12 ? k-X • f�'ZR• '+� •�� ^f ram$ ► i,r�;� K .• — :� • - ,, ... } .." � a�r.:ly3;, ,� `z�aatt+M! +M�t�al #��► - 'ANN I tf%A AAL lA1alR .e aw To: Honorable Mayor and Members of the City Commission FROM : Cesar H. Odi City Manager DATE : .i Ei 19 1990 FILE Su6JECT : Properties Rezoned between 12 and 18 months ago; No - Building Permits Issued — REFERENCES: Agenda Item PZ-11, City Commission `: Meeting' on Planning 8 Zoning ENCLOSURES: : - September 27, 1990 DISCUSSION Per the request of the City Commission on September 7, 1990, attached is a list of properties which were rezoned by the Commission i-n the period 12 - 18 months ago and for -which no building permits have been issued to date. (See Attachment 1) B, C��O,UND On May 11, 1989, the Commission was informed of the Law Department opinion that time restrictions could not be attached to changes of zoning but that,... properties may be down -zoned following the same procedures and applying the same standards as the original rezoning application. The Commission then requested a list of those properties that had previously sought rezoning but had not obtained building permits. On October 26, 1989, the administration presented a list of a dozen properties a in this category (See Attachment 2). The Commission then passed Motion 89-991 which stated: x MOTION NO. 89-991 "A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE PLANNING DEPARTMENT, THE PLANNING ADVISORY BOARD AND THE ZONING BOARD TO REVIEW THOSE PROPERTIES THAT WERE REZONED WITHIN THE LAST 12-18 MONTHS THAT HAVE NOT OBTAINED BUILDING PERMITS, IN ORDER TO REVOKE ALL THE ONES THAT HAVE NOT BEGUN CONSTRUCTION, WHICH WOULD,k TRIGGER AN AUTOMATIC REVIEW BY THE PLANNING 'ADVISORY AND THE ZONING BOARDS." The Planning, g Building and Zoning Department analysed all properties, city._i� wide, as part of the comprehensive rezoning process leading to the adopti+ Qf new Zoning Ordinance 11000 on March 8, 1990; five of the subject propertift, x� identified by an asterisk in attachment 1, have been rezop # classifications of a lesser intensity and density, but not necessarily former classification. s fey r r (t f t Y lu x+g forward to initiate individual retaniAg of mailed notices to If the administration were then °separate advertisements for the remaining properties* and posted signs would have to be prepared - property owners with 375 feet rate public hearings all at City expense. three Sepa eerttit�IrIFNDATION erefor; the Coemis5ion should consider either: ?h the Planning key Prop' for subsequent review by Selecting y P Department staff; or -_ Building and Zoning involving over for the next City-wide co+aprehensive rezonithe 28 regaining 2. Waiting land area and including Sac of the City's - roperties. P � h- -- Attachment t cc: Planning Division Zoning Department w -I Planning; Building and 'E= z A r � w a A t d t 7 f� a Y F kT5 3 {.tF 1 h • �• t 5rR Y ;7r c7, �l CITY OF 4IIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. Guillermo E. Olmedillo Deputy Director Planning, Building A Zoning FROM o h A. Genuardi, P.E. ni Administrator DATE : SUBJECT . REFERENCES. ENCLOSURES: +nF XrS ' Wi of 4 M1=. A �i tb I t� } ti ATTACHMENT 1 .� YlN!lM�bt Ott Silber- 14, 199�0 I'. it vow--," Following is a list of properties, which were rezoned from 1987 to July 1989, and no building permits have been issued to date Location Change Ordinance No. ---------- -------- --------�—�r� 2226' SW 25 Ave & .) 2511-75 SW 22.Terr) RS-2/2 to CR-2/7 9859 SW 8 St from SW 5 to 4 Ave CG-1 /7 to CR-3/7 10710 3621-3.1 SW 22 Terr RG-1/3 to CR-3/7 10230 364-466 NW 26 Av RG-1/3.to CG-1/7 10228 4091.SW 2 Terr RG-2/4 to RO-1/4 10266 3684-88 SW 26 St RG-1/3 to CR-2/7 10275` Center St S.of Bird 3 to +► 1720-TO NW 34 St. RG-1/ to RG 3/6/33. 10312 36 1560 NW 35 'St CR-3/7 to CG-1/7 10338 1025 NW 19 Ave RS-2/2 to RG-1 /3 1035.4 2575 SW 27 Ave RS-2/2 to CR--2/7 10352 3616-38 NW 23 Ave RG-2/4 to CG-1/7 10381 2951-99 SW 22 Terr RG-1/3 to CR-2/7 10374 23-47 NW 32 Pl RG-1/3 to RG-3/6 10389 2395 NW 36 St RG-2/4&CG-1/7 to CG-2/7 10411 �► 2785 Tigertail Ave RG-2/5 to RG2/6 10441 833 SW29 Ave RG-2/5 to CR 3/7 10447 • 2551 SW 27 Ln RS-2/2 to RO-1 /4 10449 101-125 NW 60 St RG-1/3 to RG-2/4 10470 2101 NW 19 Terr RG-2/4 to RG-2/5 10498 +� 2-46 NE 75 St RG-2/4 to CG-2/7 10524 NW 7-8 St 3 Ct to 4Av RG-2/6 to CR-1/6 10520 879 NE 78 St 115 SW 36 Ct _ 2822-38 NW 22 Ave 11 '45-99 NW 11 St 147 NW 35 St 6500 W. Flagler St 110 SW 7 St 401 NW 9 Ave 1918 Bri.ckell Ave 955 SW 2 Ave 3 2800 NW 14 St .x Date --ter 6/28/84' - y- 2/15/87 s`- 2/2'6/87 S µ 2/26/87— 4/30/87 5/28/97 , ,t 7/23/87 r 10/22/87'. k x_ 10/22 87 F- 12121,87 12/2/87�— 1/28/88-- 1/28/88_ 2/ 18/88 " 3/24/88 n- 5/ 19/88 6/23l88 6/23/88#- 8/8/$8 10/27/88- 11 / 1T�/88 II/17/88 a RS-2/2 to CR-3/7 10580 2/16/89 CR-3/7 to RG-1/3 10578 2/16/89 RG-2/4 to CR-1/7 10550 2/23/89 GU to CR-3/7 10551 2/23/89 RG-2/5 to CO-1/7 10684 6/27/78 RG-3/5 to CR-►2/7 10581 2/27/89- CG-2/7 to CR-3/7 10553 3/27/69, ' r RGw2/5 to RO.3/5 10682 RG-2.1/3,3 to RG-2.1/5 10621 10-2 4/6 to RG-2, 3/7 10643 1 PR to RG-2/6 106 74 PZINI3 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Coalmi ss i on JAB OCT 16 1989 '" SUBJECT Properties Rezoned between 12 and i8 months ago; Mn Building Permits Issued _saM Cesar H. Qdio aEFERENCES Agenda Ite, City Commission City Manager MLOSLAES Meeting on Planning & Zoning October 26. 1989 01scUSSION ITEM In response to Commissioner Plummer's request duringg the City Coaimissio-W,, meeting of May 11, 1989 (Item 20), attached is a lisp of properties which webs` rezoned by the Coammission • i.n the period between 12 and _.18 �Iaonths ago and for which no building permits have been issued to date (see attachment A). Pending further direction during discussion, monthly updates will be sent to the Commission per the discussion of May 11, 1989 (see attachment 8). By memorandum! of May .11, 1989, the attached Law Department legal opinion was transmitted, which opined negatively to the proposals to attach <timie. restrictions to changes of zoning but further stated that propertyay;be: down zoned 'following the sagas procedures and applying the same standards as:; the original rezoning application (see attachment C). Two alternative administrative procedures were outlined in the transmittal memorandum.:' .at Attachments ry +5 go • k + y� xaai3 } qyr S 4: gp7 �S • 4 9j: 4 t 1,n t �i 2 k. ,:h ' $ 1 + ,-ate Jrt "k"i♦i 'iWln; - `t "r J • • . .. Fop �:,- / Cam• - -. nV kTTACA CITY OP MIAMI. RLOXI t iNtt14.OM�'1�iC>r cum `� "' �7uly • Sergio Rodrig::ez 3 ► 1989 Assistant City Manager sSW= Pro rties Rezoned = via: rdith M. ' Fuentes, Direetort�♦, Twelve (12) to Eighteen Juildin Zd!a�Deparrant (18) Months ago and no Bldg Permit Issued4Q enua ,.Z` i dministrator As directed by the City Commission, following is a list of = properties which were rezoned between twelve (12) and eighteen = (18) months ago and for which no building permits have bean • issued to date: Location Ordinance.No. Date. 1. 815 N.W. ;Tth Ave 10334 10/22/8T t 2. 1720=TO N.W. 34 St A 1721-5T N.W. 33 St 10336 10/22l8T 3. 1500 ff-w- 35 St 10338 10/22/87 � 4. 2575 S.S. 2T Ave 10352 12102/8T ' 5. 1025 N.V. 19 Ave 10354 12/02/87 6. Coconut Av./Virginia St./27 Av. 10356 12/10/87,° T. 3151-99 S.V. 27 Ave 10362 12/1fl18T 8. 2951-99 S.W. 22 Tarr 103T4 12l1�0l8T .... 9. 3616-38 N.1d. 23 Ave 10381 01/20/88 10. 2395 N.W. 35 St 10411P 63/24l818 11. 829-833 S.W. 29 Ave 10446 06/23l88 _ 12. 829 S.W. 29 Ave(Demo Permit issued 10447 06l23l88 �p 13. 2551 S.W. 2T Lane 10449 Q6/23J 6 t 14. N.Y. T-8 St . , 3rd Ct.•4th Ave 10IJ20 JAG/ j g 1" P cc ;41th Fuentes, Bldg A Zoning Director ' •Guillermo 012edillo, Deputy Director, Planning Dept. _:'ARE Juan Gonzalez, Chief Zoning Inspector File �. 90 zi w,h M T r,{ y. rn • y, v iY ' r t .#> nsi My "to as tier gores" reading before was a so. •' r tuners Wait a *Unto visrt Von the sommimentI il�r. Radrigwoee: SM-lqi , ' Mr. irernsadoss 321-10 that vas added. Mr. Rodriguess Was left out. Mr. Plssee�eers Oh. oh, OM. - Mr. Was You lost lour months of.... Mr. Slumoers Mo, you lost four months of ,fevenne by not bringing it Wp bslor+r. r'• Mr. Odias We couldn't do it. ! Mr. Plmldars you couldn't to it, r•t, you didn't have the. people. No now. ton gal" to get a tape reaossier used 1 can rid of tha City !hanger. Manor Sua res;s Debate is closed osiitUhU itsa, Plsase call the roll. AM ORDIMAM= INUU - AM OUzffAMC3 62-61 AM 62-62 Or SffiR CM Or = � Or WIAMI, rZAMIDA, AS ADD. BY _ IINi AM PLAttM M RIUM rMS PM01fIaZMti = XM AM A iSaA6 Ste= 700 M INCwMMG . Tw Iitf� APZLICATIOM IO SlS M Ra 2= Or — Ise Or r 1 T 30AMD9 L= OiR DZFJX= Or ?ice DEt I'r Or ITAITAMI AM Cl3 IMM 12 1 A, PRM SM AMA L S393RA3IL= CIA=. — Was by Commsissioner Pi=nw and seeoaded by Commissioner Kennedy Passed one its first reading by title by the following votes -_ AUSs Commissioner J. L. Plummer, Jr. Commissioner. Rosario Kennedy =_ CmuLasionsr Miller Dawkins Mayor tavier L. Suarez i -- s- Via* Mayor Victor De Terre f ABOW: Mane. The City Attorney read the ordiaanee into the public gemmed `sad announced that copies were available to the st WNes of the City Coasission ` and pseblic. -- CAS MAD= rOLLOMZMO =L CALL: tY i Ur. Plsmwars Mr. Manor, i vo old ask, vhetber it's in motion fora or apt, twbast r. = !noes this day terms", that all cbsegon of Sontag by this Commission in mhtsh a : Vomit is not palled, t weld like a list furnished to Z.his Commission, 4Lk of us, on those items that a Vomit is not palled with"IZ most" sltser the t: change of soning takes effect. Mayor Suer", Teen, bowsaw we did pass enact an ordinance that as. - SONG step to be taken it alter tvelmt... - Mr. livnmers Mo, it's boos not passed yet. - Vt. Roderigaas: Tote shooed tenet» also ody todar a nAmer that QW&UM Tom. Vk! "a "moot do Shut bat ve 4as do soNesthUg also inmtatad v! Wbst. Mr. 113,100bs; Oft• not not, so. Tips oas SLT* Seer a ltat.. , ■� 7 F y S 'YC • !x aw 1 N " t lust6st the just teats a lists Mr. jodriguals Y ti be" a lanes You' have armtguiremeaet by lass that tal�tt bir ft haft began IS MantU altar the action has bass takes by the fi�1li�oaiott. • MC• Ploweir! OK, but I can still,.. s Mayor Shares: VMLd you give the Cosseissioner a list of those that have not s moved an their building permit after twtive mouths. - Mr. Plu nmert toll modify my request to is months. OK? Mr. ,Rodrigues: We I it do that. Mayor Suaress Malmo Lt 1'e m■oaths. '.'4 Mr. Plusmart That anyone Mho has not pulled a permit within 18 mouths after a their change of soniag, that that List be provided on a awnthly basis to this w_ CGIER"aioa. - Mr. Rodriguest Win ll do that. Mr. Plumeart She other questions when is the transitional, elimination coming before this Commission? Mr. Rodrigues: I just rescheduled it for the meeting of the 23th. _ Mr. PLam art Thank tote, sir. 21. S=MW R==Q QROlitAV=t Monad Code Section 34-100 allow for assstsvction sad location of guard houses in dedicated right-of-way. Mayor Suarez: Itss 11. Mr. 11momer: Oh, I got a better one for you, Mr. Sorge Ternandes: Tea. in items Zl we set with individuals at the last meeting, had -same cameras about it. Site incorporated that oacatrns, we we met with the administration and the ordinance that's in of you nowfar second and flnal reading reflects everyone's cataantrleataa. This is the ordinance amending that code provision that MouLd al building of a guard' house in the dedicated right-of-way. Mayor Suarez: This is a second reading of the inane that would *nsblt to do this but no specific guard house is approve/ t this point or anythint. { Mr. rernandest Carreat. correct. Mr. Plusm srt Mr. Mayor, I will moves t with thae full understanding of all parties, concerned that in no ray are'we approving a guard house. That each , application would have to car to this Casoeission, stand on its owns and , the Comesission is fa11y empowe to msdo any and all resolve that it, minus an that Particular silts, final denial. Mr. r4c&ams4ss8 Correct. is the way Lt reeds: Mr. Plummar: I ame • Ms• yesmsudess houses are permitted by revocable permits granted by the City Conalssi That mess that it sump came, to tone and that'' yft mast appsome ass%�save. Itt. Pi t As a rmwaabls peca t • it =at be approvreai by tliis Comm#.ss Ano ttssiRs faae.aapia�,., ' Its esaasdssm Sss. :;: 90-- 7SO , r , �fx fi �x4 p to 33 sF z _Y 3 -�... AMC C{YY OF MIAML FLOFNDA , INTER -OFFICE MEMORANDUM ' r" '«- �` rr! ; �4y TO. Honorable Mayor and Members a►rE : May 12;:DE19� of the City Commission NSA = . Time Restrictions Attaic ied-- to Changes in Zoning rpm esar H. Odio ; 0- City Manager " Es . Per the verbal request of Commissioner J. L. Plummer, Jr., during the. discussion of planning and zoning items on April 27, 1989, attached is a.copy ` of the Law Department legal opinion responding to the question of whether time restrictions may be attached to changes in zoning. While .the law Department legal opinion is nentive,•.substantially the saw result may be achieved by directing the Administration to pursue either of the following two administrative procedures. Y After observing the intervening tithe limitation in Section 35I4.3, Zoning:` Ordinance 9500, i.e. that once the City Commission has rezoned a property,'the Zoning Board shall not subsequently consider a petition to rezone the property until 18 months have passed (unless waived by the Commission pursuant to Section 3514.5), the Administration could either: . 1. Eighteen months after an individual re -zoning, review the f i 1l es to see if a building permit had been i s sued, If not', ­ the Planning Departament would re -study the property and file an application for char of zoning to the Plannin Adviso P 9e 9 g 5oard, following the criteria in the Law Department legal opinion, or;w 2. Present an annual report to the Commission showing the status , of prior re -zonings and building permits for up to 2-1/Z Years. The Commission could then designate those properties. that the Planning Department should re -study and file applications for change of zoning to the Planning Advitor�► Board, following the criteria in the Law Oepartno t legal opinion. Please indicate to my office if you want this entered as a discussion itee the next City Commission agenda. f Attachments o; . 01 u cc: Jorge L. Fernandez, City Attorney Edith Fuentes, Yr Loh 06parttount 6auildi ►d Z .00 Attar 'Joel E. Mmmll Attn>r Joe,i►l Z Chitf As i t t Cit A*+A%vn ra.� Ei. Niriam Never Chief Assistant City Attorney 0:Vic : bin: P46" 8!Y'g1A :8odr3gne:✓ Nth t" " 80II MUM G • mir3as madr August 119 1987 Mel suuser Li�,aClxas3.0a ftsm c=c"Z=c T-q R"trtcticm &t`L&CbA& to Chan an is soak t= wia�sNess• a rAty CCMLUXI-032 Aga"d& a esbsP at 1987 i 1 w� � Vd .� f Il�i�i ir. • '� 1. ♦ _ :: ai 44ry iR f 2 Zr a. t • �x U #f 1A re e+.n 11ui)ust..3 1987 �►t''�rteltA'�' � ' ;an 1 Mayor and members f ty CommissionLegal %`'('I. Tine►' Restrictio,�i�t . V�taci{ to angesof ; 'Zosin+qLuc Dod9hertya.s,.�.Z • nt zoning.. GaW' Cie Attorney s�e�osueNn. Vice Mayor J. L. Plummer repested a legal opini�an on -` substantially the following question:'- CAN " CSAi zS of ZONING I fits h COKOIT20Di WHYCS YlOBES A TI1rlE LiMt't'ATIOK WI'TSIN WHICH OMLOPNnm MUST OCtiTA OR TSE SONING WYLL aran TO ITS PRIOR 063IGNATION7 4" — The answer to your question is that the pr rty 067 be down zoned but only by following the same peocednres and applyiag the s� standards as the original resoning application. Men applications >to= chaaga's jA zoning arse sutietiirted, �e .. . 5 zoning board must mite recommendations `based on its _°considerta�i��t of sevarai criteria. 'Among the sixteen t16) speoitic aziari' $ ace included whether or not: 1. The change is in contormity with �n Comprehensive Neighborhood Plan;— „ 2. The change is out of scale with r,.3ee nads oI ` �+ _§t , neighborhood or the City'? 3. Csanga+d cc changinq` conditions W*6 the pa lwt4qu the proposed change necessarys That proposed - change wottid sate ial �t "Al �4 ' p lat on density pattern acid t hav e0y. or►argatc the load oa public f adilibi0� ' s� p qht, utilities„ strosta. `eta** S w %%sce aces abstantiafl `6 10,7 ' '- ;"� :.x, r , cannot be used' ie 4t-> t : ,aect� m ` City► d� Mid E1Qr#t., ti�.'tI►it .~ $00ttm 3309 t See tie a se�ios_- j tat q tral. the above Mitecta that t �# . � tiCtY-� pro4 a d gE s _ t ti .yam P sonorable Mayoc and members August 3, 1967 de:7,thel CityCollmiss ion Page t Therefore, a change of zoning _ that would cause a previcusLy granted zoning change to r®Vtrt to its prior designation must be treated with the same dignity and Meet the same requicemerts as other types of change of zoning applications, i.e.._the change, mustbe in conformity with the Miami CoRprehensive Neighborhood Plan, etc. These criteria must be applied whether the condition, is imposed by the City Commission or is negotiated. lt_ the decision on a change of zoning was based .upon an agreement between. the City -and the property owner --that-' the zoning w ih reillrt` to its prior designation if development is not bgqun within a certain time periods, there is a patantial , .problem t!►at the decision will.. be labeled "contract zoning' and .thittto"i bye invalid as .an abdication of " the municipality's police' poiiaee. ''41 there , is no � valid b cis independent of the agreement` upoft Whi ► justify,4. w►f1T d:class she r acitin contract zoning. otaas �a9• aheustin 93 5o.2d �86 tFla: 193,6' t . Hartnett, the City of: 'Coral G"1e8 pasie l a` to�i`i z , amendment WnLCA woaid allow' 'Canstruct'ion of a stlpppip+g using. ` Lamm"* that said the rie'sonin9 was "subject to , � oo"itianal upon" obseevance of eerta n -cest'Otctions• ;,meoe►g �+h woes the building of a., surrounding, wall and the p=trrvi ,e M adequate:: police protection in `the- -,area at th! owne�cg' Tpa � &spr a Court of Florida held that the cons�itioe�ite� asendmenc uporti the, ubaeque�t..execut on cf a iCo�ltcae� iqk* 00A 4t {y, aruA cipality and a primate pa cty .is irvs� id contract sbhing» ai language used made , it clever that the �haufge was onl mado; bra # ...„. of -the peaporty ' oweers' promise to praaide certain uepWovc�rn Y This is an invalid reason upon which tc. base a �;o�neeQ o�Cd3 tt ameetdsteent. City of Miaeai, !'lorida. prd%soce. H eY+ a the Zoning ordinance` provides is nr't�c ►e section` 3 .1 that applications for zbeitng aneeedm en auwrde by the City Comissiono 'Plooait�tq Aft risocy ►acd, eoaacd� anyoepst deportment or E t agoncY Qeam C�: yr c ► otiose these those It tit the event; a tide,' attached to the ch&ngO of- tonand ' tnei p,Peft _ donnelopsd within Piana #taid time frame the iag y l mac e!bt initiate a cesget ng + ! the` P y* of 4=09'#!�r 4tth the xGuLng .. 4rt�ioselce the` vouLd haves i to be toii+Peed +ate j tw#e � �wteZz}i�jt k� tes►ier appitoo as foe the eft$,U4 NON s ¢3 i �L- J Y_ 5;= 4 a4 r '14 August 3, 1987 flonocable Mayor and members Pale 3 = of the city Commission II. AT T3Z3 TIME. we, BELIEVE IT IS IMPORTANT - 4 T!U►T TS6 COMMIES ION SMUt.0 BZ AvMW Or THE - p0LLOWING RWWT 3RD DISTRICT CMRT OF APPBALS AND U.S. SUPREME COURT %Our= LAW _. ORCISIONSt - 1. Cit of Miarsi Beachv. Ag o= Oil Coe. 12 P.L.W. 1539. (Jane 2.3 o, The 3rd District Court of Appeals affirmeed..thd Circuit Couet�', oE:Cado.County, a decision invalidating City of, Mimi Beach eon rim; _ ordinancs Section 27-.1.D.3. This ccdinance,.:. was ass"t- selling'° Lcohoii <` prey ntinq state-LLcensed venddcs Erow Ln Plolr berec"es for _ aef-Qeemises consumption. Rowvsc, . ,da Statutes. (1985)' Section 553.02v whleh, sets licens se . ESoar verAors. the l"islature' has expressly ted any municip. tY s , or :county authority fsros eceactinq zoning ocdiftancss prohi#slt -licensed f cui ng 5tsti00i. the sale of beer by state gasolLne toic ofi-prsmiset consumption. The statute. states . that holding such off-preewises' sales licenses shall. not be suQs�' tA; zoning by Municipal and; county authocitics " tlult issue. of ; gasoline stations selling deer and wing for off -pc+ consumption cannot; be controlled` by local. zoning ordinances .op say recsll that this Commission. dial not ascend the' culcreat'' Ocdinanc+� which prohibits such sales. Aoweve V by, ".Legal op,ini+u s this provision has not been enfoceed It thc. atats laM Lu amended in the future. the City !Ord inane could then" be ` esfor�;��� IV Mat XMILab Alical Lutheran Chuccdt: at Glserd' er. L A1e4a es county. ;•. Y Tbo First iutheran Church operated A retreat center 1997 untLXUM in a canyon along the banks at a_ a"ek th4t, natural. drain"o channel for a wateeCshed av ea. M ZA 1978- a dautroyed tho complex, and Los Angeles County adop+tsd an LAM otdiname pcobibitiag conattactLoa wit#Lft the 91-904 „a! p. took affect immediately to protect public health. aid aa_+a��}• United .States Supreme court hold that I thD is oti . setomivelf daises they church tompocactly,r of.` sport . WovWit ed the churct to be cO "4t ' s Aseo at *lost �gsa►ti�on .4*04' foe tar vol te + ► e g y �e ps• as bat t t # oe pip ; In scty. Won Lilva ldati att os�i­� . s;n� duty + ii condemnation period 9ucing which the taking was effective, as invalidation without payment of Eair value for the u'go of the property during which the church was denied such use L`s ° '' a constitutionally insufficient remedy. - 3. Machado ♦. Mumrave . 12 P.L.N. 1729 (July 14 # 1987) . Petitioners sought to have their ptoperty rezoned front 00 (interim zoning) to RD-Sh (residential office) in an area designated by the comprehensive land use _plan a• estate residential up• to two units per gross acre. The County: Commission granted the requested zoning change. The Dade Circuit Court, roc Dade County reversed the .Commission's decision,. tttsb!; yoidinq -the _ rezoning. The court applied the "fairly debatable standard:` which says that if reasonable people could differ as tp the propriety of `the sowing action. i. a. , whether the aCtioA ; is arbitrary oc an abuse of discretionr then a reviewing coact:.wilh ` not disturb the administrative decision. The 3cd, DCA ,held 'th vas the incorrect standard to apply,' and stated that the correct kx, test in reviewing a challange to a zoning action on grounds. th it is inconsistent with the comprehensive plan is whether thin zoning authocitY's determination of conformity with.., thew! ' 3 comprehensive plan is supported by competent and substantial evidence. This burden of proof is harder Ear an applicant tp meet, as it calls for strict judicial scrutiny instead of; delerrsnce:by the courts to the Commission's action. ThO District Court of Appeals denied certiorari, howevers' ' ttti sceoy upholding the Ciccuit Court's voiding of the resoninq be+aau4q 1" applicants failed to show that their proposed coccial pc wnq was consistent with Latch element of the land use' plan aesa.;. th fuetheced its objectives• thereby applying the s�xint jud ci � scrutiny test. 4, llsss rr. California` Coastal Cosamiseion, 1 l.L.1'�4 ye`� SlO�s �Jlgsfsi _ • _ The California Coastal Commission granted a pete'N 9o&laas to replace a small bungalow on their beams with a lacgew house upon the condition that. they. al an sasewat to passe across their beacb. Whimm . roses two pvblia beaches. The stets W040 thae GLOW tom+ was necessary to fuctbsc soft legituate Jaewsss �tact the public's abUlty to seethe bea ft, a estion. The United state$ bhpc met itU ag of a building plmmit hpsa tbt a4�o1 pa rs to +sea!' as the St public PQWPW ca ce"ted to Permit s� P • — - August 31 1907 t= Ronoctble Mayor and merbecs page 5 of the City Commission other goal. that of advancing its comprehensive plan to continue decisions. should beach access arising from prior coastal. peemit of its eminent domain powace thereby paying r be met by an exercise for the access easement. Although this goal is legitimate/ however/ that "does not establish that the t3ollans alone can be compelled to contribute to its realization." s PUPARED BY: i 1 ^u1�e Hadc _ Assistant -City Attorney a 4 M+r = W►p/�MMi/rcl/ebg/M077 cc: Mayer Xavier L. Suaces and City Coamissianecs �y Cesar H. Odio/ City Manages Sergio Rodriguez/ Dicector of planninq nepaetment Dora twos. Cathece atcector of Public racks Depart"at - a Edith' metes. Director o! euil4ing and Zanianq Depa�ct nt f S _ y } trr 7 t• h u?�}0 a - _ x' 90.E Yt y • t _ �