HomeMy WebLinkAboutM-88-1132J-88-770(a)
8/8/88
RESOLUTION NO.
A RESOLUTION RFVERSING THE DFCISION OF THE
ZONING BOARD AND GRANTING A VARIANCE FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF �f
6, MINIMUM OPEN SPACE REOUIREMENTS, TO ALLOW %
AN EXISTING SECOND STORY ADDITION TO THE
SINGLE-FAMILY RESIDENCE FOR PROPERTY LOCATED /
A'I' APPROXIMATELY 465 NORTHEAST 55TH TERRACE,
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED/
HEREIN), AS PER PLANS ON FILE, WITH A REA
YARD OF 7.5 FEET (10' REAR YARD REOUIREU ;
ZONED RS-2/2 ONE FAMILY DETACHED kESIDENTIAL
AND HC-1 HERITAGE CONSERVATION OVE AY
DISTRICT.
lr
WHEREAS, the Miami Zoning Board;/at its meeting of
May 16, 1988, Item No. 2, following an advertised hearing,
adopted Resolution No. ZB 71-88, by a /ight to one (8-1) vote
DENYING the variance as hereinafter seti�forth; and
WHEREAS, the applicant has taken an appeal to the City
Commission from denial of the Varia)ice; and
WHEREAS, the City Commissiory'after careful consideration of
this matter and notwithstanding' the denial by the Zoning Board,
finds that peculiar circumstaAces exist which impair the owner's
right to some reasonable us-/ of the property without the qrant of
variance as set forth;
NOW, THEREFORE, BEAT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Th t the decision of the Miami Zoning Board in
this matter. is r versed and the reauest for a variance from
Ordinance No. 95,60, as amended, the Zoning Ordinance of the City
of Miami,/tion
da, Schedule of District Regulations, Page 1 of 6,
Minimum pace Requirements, to allow an existing second
story adto the single-family residence for property
located pproximately 465 Northeast 55th Terrace, Miami,
�Eejk Ct�
H 07-70
88-1132
4 0
Florida, more particularly described as Lot 16, Block 24,
BAYSHORE UNIT #3, as recorded in Plat Book 12 at Page 50 of the
Public Records of Dade County, Florida, as Der plans on file,
with a rear yard of 7.5 feet (10' rear yard reauired); Zoned RS-
2/2 One Family Detached Residential and HC-1 Heritage
Conservation Overlay District, is hereby granted.
PASSED AND ADOPTED this day of 1988.
ATTEST:
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
" 1 Po r �
G. KRIAM MAER
Assistant City Attorney
XAVIER L. SUAREZ, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
Ao
O E L. FE NDEZ
City Attorne
GMM/rcl/M770
2- 88--1132
J-88-770(h)
8/8; 88
4 0
RFSOLUTTON NO.
A RESOLUTION AFFIRMTNG THE DENIAL OF A
VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE, CITY OF MTAMI,
FLORIDA, SCHEDULE OF DISTRICT RFGUI,ATI�)N
PAGE 1 OF 6, MINIMUM OPEN SPACF. REOUIREMEN S,
TO ALLOW AN EXISTING SF('()NL) STORY ADDITIO TO
THE SINGLE-FAMILY RESTDENCE FOR PROPERTY
LOCATED AT APPROXIMATELY 465 NORTHEAST/ 55TH
TERRACE, MIAMi, FLORIDA, (MORE PAR'Pl(/ILARLY
DESCRIBED HEREIN), AS PER PLANS ON FIL,,, WITH
A REAR YARD OF 7.5 FEET (10' REAR YARD
REQUIRED); ZONED RS-2/2 ONE FAMILY; DETACHED
RESIDENTIAL AND HC-1 HERITAGE COOSERVATION
OVERLAY DISTRICT.
WHEREAS, the Miami Zoning Shard at its meetinq of
May 16, 1988, Item No. 2, foTlowino an advertised hearing,
adopted Resolution No. ZB 71-88, by a eiqht to one (8-1) vote
r`
DENYING the variance as hereinafter' set forth, and
WHEREAS, the applicant has/ taken an appeal to the City
f
Commission from denial of the Variance; and
WHEREAS, the City Commi A ion after careful consideration of
this matter finds that no/ peculiar circumstances exist which
impair the owner's right to some reasonable use of the property,
and finds no other basis/upon which to grant a variance:
NOW, THEREFORE, B V IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
i
Section 1. That the decision of the Miami Zoning Board in
this matter is (firmed and the request for a variance from
Ordinance No..9 0, as amended, the Zoning Ordinance of the City
of Miami, Flo ida, Schedule of District Regulations, Page 1 of
6, Minimum en Space Requirements, to allow an existing second
story add ion to the single-family residence for property
located t approximately 465 Northeast 55th Terrace, Miami,
Florida more particularly described as Lot 16, Block 24,
BAYSH E UNIT #3, as recorded in Plat Book 12 at Page 50 of the
Pub c Records of Dade County, Florida, as per plans on file,
*I)E r4ieb &�
Do.)
48--1132
with a rear yard of 7.5 feet (10' rear yard required): Zoned RS-
2/2 One Family Detached Residential and HC-1 Heritaqe
Conservation Overlay District, is hereby denied.
PASSED AND ADOPTED this day of
ATTEST:
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
G. RI AM MAER
Assistant City Attorney
XAVIER L. SUAREZ, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
JOR E L. FER ANDEZ
City Attorne
GMM/rcl/M771
. 1988.
_ 2_ 88-1132
NASHID SABIR
ATTORNEY AT LAW
720 N W. 62nd STREET
MIAMI. FL 33150
(305)754-5000
September 7, 1988
Allen H. Gruber, P.A.
1 Datran Center
Suite 1410
9100 South Dadeland Boulevard
Miami, Florida 33156
ATTN: Allen H. Gruber
RE: Herget Sale to Gabrielle S Chery
Lot 16, Block 24, Bayshore Unit #3
Plat Book 12, Page 50, Dade County, Florida
Dear Mr. Gruber:
Pursuant to conversations with you, the buyers in the above -described
real estate transaction consider the contract between the parties to be
null and void. My clients are not interested in accepting the property
with the building code violations.
According to our escrow letter, this office is releasing the funds in
escrow based upon our conversations.
Respectfully,
Nashid Sabir
Attorney at Law
NS/srpj
Submitted into the public
record in connection with
item 3 on 11- /'1-
Matty Hirai
City Clerk
88--1132
_ KFNh/i11. PFRRINF Pn/ OF RFnI TO PR 'R [)FP( -)'IT RFCFIPT ANI"l' d Fr, I IIRCHASE aGhFFMFNT DI_
Thic is intrnrlrrf to hr P Iraally �rina ronlrart. If not fully, unriprtlnnrl, trek 1hiIvicr of N,("'r altnrnry C„inr rn 1,L,J,n9 ,
1 r.•am�, Frnririf f�(i (�1�f T ,'� io f� _
Rrrrirt is hrrrhy Pr I .,n,vlerfUnd for thr tzim of FT rfir.rk Il rash I� other
VIve I))UI)1)ld no ccnlG
from P1)oehe (;ahricllc and I;ahrie]IC C11C7V I
Address Phone
deposit to he held in escrow hV
subject to the terms hereof on account of the purchase price of the following drscrihecf properly. The Purchaser shah fr.rther dcp',, (t the
Sum of S 6,_SOO , 00 _ in the above mentioned r5(roin, are aunt, within t h T C( wv�rl-ino dPyc of a-rrF'tance of Ilnc
contract by__ Alpert 17- ►ierget (as Srller(s)
-
Address _.46-S_-N_F. S5 Terrace Miami, Florida phone 755-8()74
2. LEGAL DESCRIPTION:
Lot 16, Block 24, Bay Shore ilnit a3, flat Hook 12, t'a£e 50,
OR Book 1005952905781, Dade County, Florida.
3, PROPERTY ADDRESS 4 6 5 N.F. SS Terrace _ _ _ , Miami, Florida.
Together with the fdllowing personal property presently Qn the premises, which the Seller wafrants shall be delivered in working order
and shalt be conveyed by Bill of Sale at time of closing.. .A 1 I c a r�T e t 1 n f two r e f r i g e r a t o r s, two
- -
stoves, central air conditioning,_ one__window air conditioning unit_, washer,__
dryer, di-slTwasher,_ livingroom des d_inin g room_drapes, a_nd Kirap es i_n
down stairs bedroom mainrahouse._ P
4. PURCHASE PRICE:
One hundred fifteen thousand and no cents - 115 _! 000.00
Dollars ($
5, TERMS AND CONDITIONS:
A.-. Subject to purchasers qualifying for a mortgage equal to or less than
6,250.00 at prevailing rates. Purchasers must apply for a mortgage
within fifteen (15) days of the execution of this contract,
B. Seller to make necessary roof repair and obtain a clear roof and termite
report at Seller's expense. Seller shall be responsible for termite
C. �ep irs ,1(OCXI(IX(KXO(Xl(9(iXDCX(xgxgXXXaLIXO((X '
elier to make any and all window repair if necessary, :
D. Seller to make repairs if necessary,
E. The -Buyers may have electrical and Plumbing inspections done at their own
rexpense. If repairs are needed, Seller has the right to have repairs made o
return Buyers deposits.
1 - •i ,
r
rec.c1u C
i
item �'�
y 1 1
City Clerk
6. TIME FOR ACCEPTANCE: If this contract Is not executed and delivered to both parties, hereto, on or before October 26 .19 87 any
funds deposited in escrow by Buyer shall, at option of Buyer, be returned to him and this offer shall be null and void. The effective date shall be the same as
date appearing immediately above in this paragraph.
T. EVIDENCE OF TITLE: Within five (5) business days from the effective date of this contract or approval of mortgage lender 1whichever occurs later), Seller
shall, at his expense, order an abstract of title in accordance wittfil'�rag: apeq 13 t�gltms, 7
8. CLOSING DATE: This transaction shall be closed on or before 1u� l 1 s 1 7 O •, unless extended by other provisions of this contract.
9. PROBATIONS AND ESCROW BALANCE: Taxes, mortgage guarantee insurance, interest, rents and other expenses and revenue of said property shall be
prorated as of date of closing. Seller shall receive as credit at closing an amount equal to the escrow funds held by the mortgagee, which funds shall
thereupon be transferred to Buyer.
10. CONVEYANCE: Seller shall convey title to the real property to Buyer by Statutory Warranty Deed free and clear of all revertet clauses and reservations for
drainage, phosphate, mineral, metals, petroleum and road righu-of-way, whether in favor of an individual or governmental unit, but subject to matters
contained in Paragraph 11.
11. RESTRICTIONS AND EASEMENTS: Buyer shall take title subject to (a) Zoning restrictions imposed by governmental authority, (b) Restrictions and
matters appearing on the plat or otherwise common to the subdivision, (e) Public utility easements of record, provided said easements are located on the side
or rear lines of property, (d) Taxes for year o1 closing, assumed mortgages and purchase money mortgages, if any, (e) Other: Restrictions, utility easemenu
or other matters referred to, shall not render the title unmarketable.
12. POSSESSION: The cash proceeds of safe shall be held in escrow by Seller's attorney for not more than 5 business days to allow deed to be recorded and
abstract continued at expense of Buyer, to show title in Buyer free of intervening title objections attributable to Seller from date of last continuation. If
Buyer's attorney shall fail to notify Seller's attorney within such period of any such objections, Buyer will be deemed to have accepted the title "as is".
Buyer shalt be entitled to possession of the premises upon delivery of the escrow funds to Seller. If a portion of the purchase price is to be derived from
institutional financing, the requirements of such institution as to place, time and procedures for closing and for disbursement of mortgage proceeds shall
control, anything in this contract to the contrary notwithstanding. In the event title objections are discovered, they will be immediately cleared by the Seller
or in the event amid objections are not cleared by the Seller within five days after notification, then upon delivery by the Buyers of a Ouit•Claim Deed to the
Seller's attorney, the proceeds of closing will be returned to the buyer.
13. EVIDENCE OF TITLE: Seller shall provide a complete abstract of title from the earliest public records certified and brought current by an existing abstract
firm (if not existing, then certified as correct by an existing firm) purporting to be accurate synopsis of the instruments affecting the title to subject real
property recorded in the public records of the county to the date of this contract showing in Seller a marketable and insurable title in accordance with the
standards adopted from time to time by the Florida Bar, subject only to lions, encumbrances, exceptions or qualifications set forth in this contract and those
which shall be discharged by Seller at or before closing. Upon the closing of this transaction, such abstract shall become the property of Buyer but may be
retained by the mortgagee until all outstanding mortgages are fully paid. Buyer shall have 10 days from the date of receiving the abstract to examine same. If
title is found to be defective, Buyer shall notify Seller in writing specifying the defects. It said defects render the title unmarketable, Seller shall have 60 days
from receipt of such notice to cure the defects, and if after said period Seller shall not have cured the defects, Buyer shall have the option of ether
it 1 accepting the title at it then is, or (2) demanding a refund of all monies paid hereunder which shall forthwith, be returned to Buyer and thereupon Bu. er
and Seller shall be released of all further obligations to each other under the contract. however, Se'let ag-ees that he unit, of title it found to be unma,kerabie
use diligent effort to correct the defects in the title within the time limit provided therefor, includes; the bringing of any suits, if necessary.
14. EXISTING MORTGAGES Seller shall obtain and furnrth a statement from the mortgagee setting forth the principal balance, method of payment, interest
rate, and whether the mortgage is in good standing. All charges imposed by the lending institution for the change of ownership in the aslumpt,oh of
mortgage shall be borne equally by the Buyer and Seller. If the mortgagee does not accept Buyer for purposes of assuming the existing mortgage, where the
rrorigage instrument requires such acceptance. Buyer at his option rtisy cancel the contract and ali monies paid on the purchale price than be refwnoe,1 is
him. In the event mere it a failure of a spouse to join in the execution of any documents required by the mortgage lender, this shall be deemed a default and
all monies shall be retained by Seller and split 50/50 with any real estate broker(&) involved, provided nowevv, that the amount to be retain" or received by
the Broker Shall not exceed the full amount of brokerage fee that would otherwise have been earned by the Broker.
}S rI I.ecF Arr)",Fr nr017T(:lr.F5 P r.•a, r.
r,••r ,• :� (., �rlr for I,.nn-r aft, ,rr l s { r I •I� rxrrndrrt: r,e•a r ;
rf' a (elr'N+n^ e! lIf nr+i(,r n/ flre�r rlr{r•+r 1 ( f C. 'r !• .�� ,Irr of rr
r
n' the I"C•nf'f\ f',f pr1 f e. (� lrr P.I I,
or n f ^•r a�,r I �In T C' , n �, 0 Lam. 1 qhr I. •.I ?V e r� . p.r• r.r .rr r,. .,}, ,
r. c i, -.l Ts , ,, r. •`! ( - ` tr'
t.. •.r r o' r ,r r I ,. (.\ I.,,, TI,
r.enf r,l I, t.,sre. nr Fr -'Ir n• rrvlr (,f Sift pr IN
r
n'of hind $aline mPl Inls rertrrirr ties r n.rnrna„I\, r, me I' r �,{ c r• t,
.."erern the r,,,,r,r,tt' rr Ir,r P',•d -.. \. I. f t\
1F S InVFy P,Ar. Ih t'r t Tr a r vrr' fir,
0..n,11 A-, r•,frna.,t .f Cn l � ! 'rr t\ Crr !/.e111f.( i rt i r r. , , ` . . r, ,, . r r, ,
nr v,o'Pty any or Ihr
T'
17 TFRk'17E INSrF(IICfiQ r',,or I rlr, no at
if no If 1e _ other µ. errs 1 nq C,fr nn C ct f' ( ", r t 1•, r f r ,ad Irr ('l„tyc I.,(.r r'
Tur1, ev"Irnr P, CPIIPr'hPll r,a� all, )IS (,!,tiff 1rr..I ,r •,! rrl r , .,
ran prnvenrrntr w'"rh have Iven r+-,agt•d In the rest ^I Ir r.r � { � v r r rr r r .. r „ I .s •{, � . ,I ,
party may do I at Thai r'a, t1''s rxpr ,se. r' _
In the I'VPnt them is P d11t—,,an(1 rn 0,1 rrlla pr,,-' 11,r t,a. I.r r, r,t r , \ r tr, rr r.. 1.• ... r !1. ,,... !.., ., h,, "r. p•, i{ s .rr „r.. a...
P I I,d Insp P(Iinn by a mnt,rall I, arri^("•vd Irr-a c' r Ir c/ ,. I I rn•f (,r a ({ .( r rl li, t.".--t- e n a'ls 1 , 1 of, I,p ! ant' t ,'d
report Shall be hrnd,no on the pa,T,ps. It is unri-o 1 tr a t r r,'I( a .,il r r If r r f r ,O,r 1 tin t i t n•r r-1 and r ^n' � ��nw 'rt
18 POOF INSPECTION Prior In Onamq at Pu rr s ere Pu n r. rrn,i . a r , e rt . ,(r r, 11" , it al fN `r T " - �r
1 1'Frc a �,r t�r ir,I rl ,r r !• (
in a wattrlrght rOn!iitinn. In the Ct•f nt frl,a rs art rr(7rfir( ri r hire I r ( r, t t a ( ! r , i ,�,' f 'a r r,l 'hall nay for tarn 'r(a rf
shall be performed by a licensed roof ne (o•,l,aclor. In U e ,•rnI ! r.r + ,, .,-,(\ , tl r -f ,,, r , n1. r l,,.rts d r(t z s f 1 ,t r •,,')
that party may do so at that part rs rvpr
in the !v'en7 Sifter Is a dlsnepancy in the rn(,Orts anti IhF parties can rjoT — r `illy , —',jr tl r (Wf, Pni r Irr,w, r U rr+,. I! E h,�s ( a u' sr. r B.rrr t-, rat 'ern
e third inspection (,y a motuall>' al,prnved 1,(I,ns rd r„r,f Pr of vd,11, tlrr (r ct n/ r 1 II !,I h nr rp 11y Ir` l,,„r, hart rs and I s tf- r(t rr:,nfI
shall be binding on the patties- It is undrr%Iood that the scIlrr sf�all ( I(wsr Ir I cr 1 ., , If - dial '11' If�r I '!rT,Fnl anti rupa rs
19. fNSUR ANCE. The premium on any ha7aid Insur a fir I, policy in frrr(r ,i,,(,,, q imlr r nvF n( 1115 n cut 1p<t I r, (,f,It 5l,a-1 hr p, I,r at rd bf t\'IrEf IIC I rr1 r', O•
the policy may be cancelled ns Ruyer may elpct If irn.urarirr is to hr pror;trd, �fflpr shall or c hr I—(: ( I(-•.rq rl ,r fr,tn'sh In PI yP, art n,s�rance pnI (rex o,
copies thereof.
20. LEASES Seller shall furnish copies of aft written leases to Buyer within 7 days oftnr ,fair of cc'ni,cl anti if thrrr are any persons in possession "'Ihcut
written leases, estoppel fetter from such persons sppcifyinq the nature and d.}raliun of the ncrupanry o!, fl he f,n ni'hed Pu,Fr by'eller ;),,or In Stir cl s�no
date. There shall be no changes to any Lease pertaining to life property wilhnuf lhP Buyer's cnmrnt
21. MECHANICS LIENS: Seller shall furnish to Buyer at lime of closing an affidavit alu•stlnq to the absrncr of any c IairTns of hen or pnlpnllal henors s nown to Seller.
22. EXPENSES: Documentary stamps and the cost of recording any corrective wflrun,pnts shall Irr paid by SPller. Docu—cn!ary stamps to he afflxrd lathe nvre
seeuredby the purchase money mortgage, intangible tax on the mortgage and the cost of rr(wdmo fhP drrd and purchase money ,nor tyage sl'alI he paid by Ruyer -
23. PRORATION OF TAXES Taxes shall be prorated hased on the current year's tax wllh due aliol,an( P hemp mr+de for the ma.u)um a!lowahle discount and for homestead or other exemptions if allowed for said year. 11 the closinq w(urs at a date when the (,,—nl rFa,'s tars a'e not flxrd, and the current year's
assessment is available, taxes will be prorated based upon such assessment and the prior year's mfllagr. If file rullem year's a:sPssment is not available, then
taxes will be prorated on the prior year's tax, provided, however, if there ate completed imptnvemrnts on file sublPcts rrmrsPs by January 1st of the year Of
closing, which improvements were not in existence on January 1st of the prior year, then the la,es Shall he wordied to assessment to be ag,red upon
between the parties. However, any tax proration based on an estirnale may at the request of eilhcr (,arty hr aubsrquent{y tradiusted upon recf,pt of tax bit;.
and a statement to that effect will be set forth in the closing statement.
24. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of the dale of closing ate to be paid by Seller. Pending hens as
of the date of closing shall be assumed by Buyer, provided, however, that where the improvement has been substantially completed as of the date of :he _
contract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate
by the public body of the assessment for the improvement.
25. OTHER INSPECTIONS: Not later than 15 days prior to closing Buyer, or his agent, may inspect all appliances, air conditioning and heating systerns.
electrical systems, plumbing, machinery, sprinklers and pool system, included in the sale. Seller shall pay for necessary repairs to place such items in working
order at time of Nosing. Within a 48 hour period prior to closing, buyer will be entitled upon reasonable notice to the Seller to inspect the premises and
insure that all items specified are in working order prior to closing.
26. RISK OF LOSS: If the improvements are damaged by fire or other casualty before delivery of the deed and can be restored to substantially the same
condition a now existing within a period of 60 days thereafter, Seller may restore the improvements and the closing date and date of delivery of possession
hereinbefore provided shall be extended accordingly, If Seller fails to do so, Buyer shall have the option of (1) taking the property as is, together with the —
Insurance proceeds, if any, or (2) cancelling the contract and all deposit shall be forthwith returned to Buyer and the parties released of any further liability
hereunder,
27. MAINTENANCE; Between the date of the contraci and the date of closing, the property, including lawn, shrubbery and pool, if any, shall be maintained by
Seller In the condition as it exists as of the date of this contract, ordinary wear and tear excepted. I-
28. ATTORNEY FEES AND COSTS: In connection with any litigation arising out of this contract, the prevailing party shall be entitled to recover all costs
Incurred, including reasonable sittornery's fees. Any REALTORS costs as to Bill of Interpleader or Declaratory Decree or Appeals thereof shall be borne
eauefly by Buyer and Seller. The losing party shall pay the prevailing parties' attorneys' fees plus court costs.
29. PERSON BOOND: Time is of the essence and the terms of this contract shall be binding upon both parties, the Seller and the Buyer, their heirs, personal
representatives, successors and assigns.
30. SPECIAL COVENANTS: Seller covenants and warrants (1) that there is ingress and egress to said property over public roads, and (2) that there are no —
parties in possession other than Seller, unless otherwise specified above.
31. DEFAULT: If Buyer fails to perform this contract within the time specified, the deposit paid by Buyer may be retained by or for the account of Seller as
consideration for the execution of this agreement and in full settlement of any claims for damages, and all parties shalt be relieved of all obligations under
this contract; or Seller, at his option, may proceed at law or in equity to enforce his legal rights under this contract. If, for any reason other than failure of
Seller to render his title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, Buyer may receive the return of his deposit
or may proceed in law or equity to enforce his legal rights under this contract. If Buyer fails to perform and the deposit is retained, the amount of such
deposit shall be divided equally between the Broker and Seller; provided, however, that the amount to be retained or received by the Broker shall not exceed
the full amount of brokerage fee that would otherwise have been earned by the Broker, any excess being retained by Seller. If the sale is not closed due to
default or failure on the part of the Seller, the Seller shall be obligated to pay the full real estate brokerage fee to the Broker. In the event it shall be
necessary for the Broker/Brokers to enforce collection of the payment of the real estate brokerage fee, the Seller shall be obligated to pay reasonable
sitorney's fees and court costs to the Broker/Broken.
32, TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted in this form or attached hereto as Addenda shall
control all printed provisions in conflict therewith, No agreements or representations unless incorporated in this contract shall be binding upon any of the
parties hereto.
The undersigned Buyers hereby acknowledge receipt of a copy of the Real Property disclosure before signing a contract for the purchase of Real Property.
I, or we, acknowledge that f, or we, have read this contract in its entirety and agree to purchase the above described property on the terms and conditions
stated in the foregoing contract, and do hereby approve, ratify, and confirm said contract in all respects,
Witness as to Porch}jer; p
BROKERAGE FEE:
Purchaser
Dat cuted
�T—AU � � xe_��___ —_. — (SEAL.)
Purchaser���� _ (SEAU
1, or we, acknowledge that 1, or we, have read this contract in its entirely and agree to sell the above described property on the terms and conditions stated in
the foregoing contract, and do hereby approve, ratify, and confirm said contract in all respects. The undersigned acknowledges the employment of the
Broker named herein and agrees to pay said Broker %of the purchase price of the said property as a brokerage fee for finding the above signeo
Purchaser,
I �
BROKER _^Tf y Co-operating Broker
Witness to SeIIKi Date executed by Seller: a,�+
�%` CYQ Seller (SEAL)
Seller
Deposit received on to be held subiecl to this contract; it check, subiect to clears xe.
8y
Broker /type or wntr in)
K_P. Form No CIO) Re, 1/63
Escrow Agent
(SEAL) ;
(SEAL)
NN--113''
UXATImt/UWX% ,
APPLICANT/aWWM
465 NE 55 Terrace
Lot 16
Block 24
Bayshore Unit #3
PZ-W23
(12-50) P.R.D.C.
Albert C. Hergert
1720 NW N River Drive, #502
Miami, FL 33125 Phone #545-8053
RS-2/2 One Family Detached Residential and
W-1 Heritage Conservation Overlay District
iT 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 an existing
second -story addition to the single-family
residence an above site, as per plans on file,
with a rear yard of 7.5' (10' rear yard
required): zoned RS-2/2 One Family Detached
Residential and HC-1 Heritage Conservation
Overlay District.
PLA SEM LEPAI TNW DDUAL. There is no hardship to justify the
requested variance as the existing second -story
addition to the single-family residence was
built without the benefit of a building permit.
The proper rear yard setback should have been
provided. Granting the variance requested would
confer corn the petitioner a special privilege
that is denied by Zoning Ordinance 9500 to other
residences in the same zoning district.
PUBLIC WORKS No co®ents .
,i, ,ti"-w ., • .• n.
ZONING BOARD At its meeting of May 16, 1988, the -Zoning Board
adopted Resolution ZB 71-88, by an 8 to 1, denying
the above.
Three proponents and sixteen opponents were
present at the meeting.
Four replies against were received by mail.
�38-1132 /
41 1
CITY COWISSION At its meeting of September 27, 1988, the City
Commission continued the above to its meeting
of October 27, 1988.
At its meeting of October 27, 1988, the City
Commission continued the above to its meeting
of November 17, 1988.
H SPOR
Heritage Conservation Board 01/19/88
FZQUEffr Application for a Certificate of Appropriate-
ness for the second -story addition located
within HC-1 General Use Heritage Conservation
Overlay District.
Planning Department Denial.
Heritage Conservation Board Continued.
'Heritage Conservation Board Granted. Resolution W-88-2 on 01/22/88.
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N. E .refit._
Item N 2
-.,: Street
ear Ms
CITY OF MIAM�
NEARING c F : I
-0 MAY 31 P 3 :09
5.1
= P..t.:.
art :=.crcance .4ith your instruct-.cns oer cur crcre
c:nversatl n cf May 23. 1988, I am notifying you of my desire
_ooeal my ,arlance decision reached by the Miami _oning
Scar= at a ouo11: nearing field May 15, '991E at 7.:0 PM.
l t+ert _ . Aerget
_H;Th
88-1132
0
S
I
I
LAW Orrlcts _
ALLEN H. GRUBER. P.A.' — -
1 OATAAN C[NT[A ,.�� „-
1.
SUIT[ I410 -� � I
OIOO SOUTH OAD[LANO §OUL[VAIIO
MIAMI. ILONIOA 33I96
�I I L
TELEX 513100 eLT II
T[L[rHON[ I3091 •00.7007
September 7,1988
Miami City Hall
275 N.W. 2nd Street
Miami, Florida 33128
RE: Zoning Hearing Previously scheduled for September
Property: 465 N.E. 55 Terrace
Lot 16, Bloc 24 BAYSHORE UNIT #3 (12-50) P.R.D.C.
Heritage Conservatin Overlay District.
To Whom It May Concern:
Please be advised that our client Mr. Albert Herget will be
out . of the country and unavailable to attend the hearing
previously scheduled. Kindly remove this from your calendar for
September and if possible add it to your October calendar. Kindly
confirm this action at your earliest convenience. Thank you for
your kind cooperation.
Very truly yours,
yours, /
Allen H. Gruber, P.A.
AHG/nc
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H8-1132 6
PETITION FOR VARIANCE File Number V-83-
A variance is relaxation of the terms of the ordinance where such action will not De
contrary to the public interest and where, owing to conditions peculiar to the
property and -not the result of actions of the applicant, literal enforcement of this
ordinance would result in unnecessary. and undue hardship on the -property. As used in
this ordinance, a variance is authorized only for height, area, size of structure,
dimensions of yards and other open spaces and off street om+i :g or loading
requirements. (Section 3101)
t, A L PQZ'f' C, ft-PO _ ,, hereby petition the City of Miami Zoning
Board for a variance from the terms of the "Zoning Ordinance of the City of Miami,"
affecting property located at : j& �J�_ .S -S Miami, as
specified below.
In support of this application, the following materiel is submitted with this application:
_+ 1. Two copies of a survey of the property prepared by a State of Florida Registered
Land Surveyor.
2. Four copies of: the site plan showing (as required) property boundaries, existing
Of any) and proposed structure(s), parking, landscaping, etc; building elevations
and dimensions and computations of lot area (gross cnd net), building spacing, LUI
ratios, and height envelope.
3. Affidavits disclosing ownership of property covered by application and disclosure
of interest form (Forms 4-83 and 4a83, attach to application).
4. Certified list of owners of real estate within 375' radius from the outside
boundaries of property covered by this application. (Form 6-83 and attach to
application.)
_ S. At least two photographs that snow the entire property (land anJ improvements).
s
6. Other (Specify)
7: Fee of $ CO. to apply toward the cost of processing, based of the following
(a) RS, RC- I $100.00
(b) For penetration of Plane III
by antennas and the like $300.00
E (c) all other applications fo.
each request variance $0.01 per sa.ft. of floor area of building(s)
from the ordinance minimum - $300.00
(d) Surcharge equal to applicable fee from W-(c) above, not to exceed $5C0.00;
to by refunded if there is no appeal. (City Code - Section 62-61)
��-1132
i
I
I
8. The Variance requested is for relief from the provisions of Section of
the City of Miami Zoning Ordinance as follows:
v CL
� u LC, t� A C 42�
C.y,,CCceZ
rc(
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7es ryo_�14
9. In support of this application, the applicant is prepared to offer the following
evidence, on the point enumerated at Subsection 3103.1 of the City of Miami'
Zoning Ordinance:
Note: This application cannot be accepted for Zoning Board action unless all of the
f oUowing sir items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district in that: (list evidence to
be produced and use additional sheets, if necessary.)
The addition to the existing home, which is the subject
matter for this request for relief, was completed in
1978-79. The contractor hired by the applicant
evidently did not obtain a permit. In 1984 the
neighborhood was designated historic. The addition as
it now stands complied with all zoning requirements and
regulations in effect at the time the addition was
built.
(b) The special conditions and circumstances do not result from the actions of
the petitioner in that:
As stated, the neighborhood in 1984, was designated a
historic area. It was determined on hearing before a
specially convened body that oversees historic
conservation -preservation that the subject addition did
not add or detract from the existing requirements within
this historic area.
N8-1132 y
(c) Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the some
zoning district under the terms of the zoning ordinance and would work
unnecessary and undue hardships on the petitioner in that':
Regardless of the subject addition, the pre-existing
home (built 1948-9) is at the present time to close to
the existing property line of its rear neighbor pursuant
to applicable zoning standards in effect today. The
zoning variance sought -is necessary because the
enforcement of todays zoning regulations on a home built
in 1948-9 would work an, unnecessary and undue hardship
on the petitioner to the extent that the petition as
well as the house would violate todays zoning standards
thereby preventing sale and/or technically, use.
(d) Granting the variance requested will not confer an the petitioner any special
Privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the same zoning district in that:
The granting of this variance will not provide the
petitioner with any special priviledge and will merely
allow him to sell the subject property to a bona fide
buyer who has the right to expect that the subject
property meets zoning codes.
(e) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
There are no further alterations or additions intended
for this property and if granted this variance is the
minimum variance that will make possible the reasonable
use and/or sale of the subject property.
4
"s
7
(f) The grant of the variance will be in harmony with the general intent and
purpose of the Zoning Ordinance, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
<tz
4
Pica, JtLj) a- C-J
�`
Note.- All docc�re arts, studies, exhibits or other written or graphic material to be
submitted to the Zoning Board shall be submitted with this application.
Signa#ure A 446944,
ner or Autlldrizea Agent
zl� S
Name 7 �- �
Address llCrcd. /4K
STATE OF FLORIDA) SSt
COUNTY OF DADEIr )
4fi, `��T being duly swam, deposes and
says tat he is the(Owner) ) of the real property described in
answer to question 01, above; that he has read the foregoing answers and that the some are
true and complete; and (if acting as agent for owner) that he has authority to execute this
petition on behalf of the owner.
(SEAL)
ortte10
SWORN TO AND 5, 1=CRIBED
before me Ihis i day o
�.198,E
tort' Publiclt=e 'or'?lorida aftorge
MY COMMISSION EXPIRES:
43TAOr apt1C STATE EE r'0-MA
ei :CANISSM E17, 43V.13,:901
1ADE0 740U GEIEAAL 11S. bN7.
88-1132
Form 1-83
L
I
1►
STATE CF FILO A)
SS.
CCd1 M OF DADE )
AFFIDAVIT
Before rm, the undersignthis
undersigned authority, ts day personally
� appeared L 13OZ C, ±LO'O of who being by rre first duly sworn,
upon oath, deposes and says:
1. That he is the .w,ner, or the legal representative of the
owner, submitting the accompanying application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of MLWd, Florida.
effecting the real property located in the City of Miami as described and
Listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, :f any, have given their
full and complete perm ssicn for him to act in their behalf for the almnge
-jr modification of a classification or regulation of zoning as set out in
the ace rpanyirg petition.
3. That the pager attached hereto and made a part of this
affidavit contain the -curTwt names. mailing addresses, phone mmrbers and
legal descriptions for the real property which ne is the owner or legal
representative.
4. The facts -as represented in the application and docents
svbcdtted in conjtmction with this affidavit are true and correct.
Rzther Aff3ant sayeth not.
Sworn to and Subscribed before me
this / 5' day ofUdxak_19LY__
0
Notary Public. State of Floridaat Large
K711;� fir? 1
LI[ s-are c �Lrpma
My Ccmtn.sslon Expires: ,� ^��rrrs;�,y rtp, aov.�e,•;;1
SOHO '.;;L' uENfAAL AS. LIND.
88-1132
t
OWNER'S LIST
Owner's frame
flailing Address ��
Telephone Number
Leoal Description: 1
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telepnone Number _
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address Legal Description
-.ND oe7
Street Address
Street Address
Legal Description
Legal Description
85-1132
/a�
4
DISCtla m GF aQNM c8IP
1. Legal description and street address of subject real property:
*S NG 55 tar 'vt uwl, F(4
Lot 10 & ?�,Y tt - , P.2 5 0 . 19
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
having a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Conaaission.
Accordingly, question #2 rewires disclosure of all shareholders of
corporations, beneficiaries of trusts, ,and/or any other interested parties,
together with their addresses and proportionate interest.
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question •2, and (b) located within
-375 feet of the subject real property.
No Aje- --
STATE of FrDRnA , SS:
COWY CF DADE
o�oy�
AA�y4 ,being duly sworn, deposes and
says that ne is the (Gw r) ) of the real property
described in answer to question #1, aboveat he has read the foregoing
answers and ; that
that t,.e same are true and coaplete: and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
fora on behalf of the owner.
liljiq - 7_11X (SEAL)
( Name J
Sir OM TO AND SUMMED
before -)tnis i
day of 199�
[rotary Pue ic, State of
Florida at Large
MY COMmIIS M E7uI:R'S: :[: . : , 9<_ ._.
STATE OF FtrJU31► ) SS:
COUNITY OF DADE )
being duly sworn, deposes and
says Eat he LS the duly appointea of _.
the owner of the real property descrioea in answer to question #1, aooves
that he has read the foregoing answers; that the same are true and com-
pletes and that he has the authority to execute this Disclosure of Owner-
ship form on behalf bf the owner.
SMM .M AND SUBSCRIBED
before me this
day of —, ns .
Notary Puc ic, State of
Florida at Large
GMWwpc/ab/025
( SEAL)
0
88-1132
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