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Home My WebLink AboutR-88-0107J-88-88(a) 1/28/88 RESOLUTION NO. 46�107 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 20, SECTION 2024, SUBSECTIONS 2024.1.3 AND 2024.10, TO PERMIT AN EXISTING DOCK AND CATWALKS WHICH EXTEND 37.75 FEET INTO BISCAYNE BAY (25 FEET EXTENSION ALLOWED) FOR PROPERTY LOCATED AT 3590 CRYSTAL VIEW COURT, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE, AND PROVIDING A 1.5 ROOT SIDE SETBACK FROM THE PROPERTY LINE (23.7 FEET SIDE SETBACK REQUIRED); ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL, FOR A PERIOD OF TIME TO EXPIRE ON APRIL 15, 1988, SUBJECT TO ALL OF THE FOLLOWING CONDITIONS SEVERAL OF WHICH [(a), (b) and (c)] MUST BE MET PRIOR TO THE USE OF THE STRUCTURE IN QUESTION AND IN NO EVENT LATER THAN TEN (10) DAYS FROM JANUARY 28, 1988: (a) THE STRUCTURE SHALL PASS A SAFETY INSPECTION PERFORMED BY OR ACCEPTABLE TO THE CITY OF MIAMI; (b) THE PROPERTY OWNER SHALL CARRY A COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY OF AT LEAST $1 MILLION FOR BODILY INJURY AND PROPERTY DAMAGE, WITH THE CITY OF MIAMI BEING NAMED AS AN ADDITIONAL INSURED, WITH AN INSURANCE CARRIER AND IN A FORM ACCEPTABLE TO THE CITY; (c) THE PROPERTY OWNER SHALL POST A PERFORMANCE AND REMOVAL BOND IN AN AMOUNT REQUIRED BY THE CITY MANAGER AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO COVER THE COST OF REMOVAL OF THE STRUCTURE IN ACCORDANCE WITH THIS VARIANCE AND TO GUARANTEE PERFORMANCE OF THE CONDITIONS OF THIS VARIANCE; (d) THE PROPERTY OWNER SHALL CEASE USE OF THE STRUCTURE AND SHALL COMMENCE REMOVAL OF THE STRUCTURE NO LATER THAN APRIL 15, 1988 AND SHALL COMPLETE REMOVAL ON OR BEFORE MAY 15, 1988; (e) THE PROPERTY OWNER SHALL INDEMNIFY CITY AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES OR CAUSES OF ACTION, OF ANY NATURE WHATSOEVER ARISING OUT OF THE GRANTING OF THIS VARIANCE OR OUT OF THE CONSTRUCTION, MAINTENANCE, USE OR REMOVAL OF THE STRUCTURE; AND, (f) IN THE EVENT PROPERTY OWNER FAILS TO COMPLY WITH CONDITIONS OF THIS VARIANCE, CITY MAY CAUSE THE REMOVAL OF THE STRUCTURE AND IMPOSE THE COST THEREOF AS A LIEN AGAINST THE PROPERTY ENFORCEABLE AS A LIEN PROVIDED FOR UNDER THE FLORIDA STATUTES. WHEREAS, the Miami Zoning Board at its meeting of December 210 1987, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 128-87, by a five to two (5 to 2) vote DENYING the variance as hereinafter set forth; and CITY COMMISSION MEETING OF JAN 28�j1988 )N No. 88-10 r�y WHEREAS, the applicants have taken an appeal to the City Commission from denial of the variance; and WHEREAS, the City Commission after careful consideration of this matter and notwithstanding the denial by the Zoning Board, finds that peculiar circumstances exist which impair the owner's right to some reasonable use of the property without the variance granted for a limited period of time subject to the conditions set forth in Section (1) of this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: i t Section 1. The decision of the Miami Zoning Board in this matter is reversed and the request for a Variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 20, Section 2024, Subsections 2024.1.3 and 2024.10, to permit an existing dock and catwalks which extend 37.75 feet into Biscayne Bay (25 feet extension allowed) for property located at 3590 Crystal View Court, Miami, Florida, more particularly described as Lots 11 and 12, Block 2, CRYSTAL VIEW, as recorded in Plat Book 12 at Page 47 of the Public Records of Dade County, Florida, and providing a 1.5 foot side setback from the property line (23.7 feet side setback required); Zoned RS-2/2 One Family Detached Residential, for a period of time to expire on April 15, 1988, subject to all of the following conditions several of which [(a), (b) and (c)I must be met prior to the use of the structure and in no event later than ten (10) days from January 28, 1988: (a) the structure shall pass a safety inspection performed by or acceptable to the City of Miami: (b) the property owner shall carry a Comprehensive General Liability insurance policy of at least $1 million for bodily injury and property damage, with the City of Miami named as Additional Insured, with an insurance carrier and in a form acceptable to the City; (c) the property owner shall post a performance and removal bond in an amount required by the City Manager and in a form acceptable to the City Attorney to cover the cost of removal of the structure in accordance with this -2- 88--107 rN ^1 variance and to guarantee performance of the conditions of this variance; (d) the property owner shall cease use of the structure and shall commence removal of the structure no later than April 15, 1988 and shall complete removal on or before May 15, 1988; (e) the property owner shall indemnify City aqainst any and all claims, demands, liabilities, losses or causes of action, of any nature whatsoever arising out of the granting of this variance or out of the construction, maintenance, use or removal of the structure; and, (f) in the event property owner fails to comply with conditions of this variance, City may cause the removal of the structure and impose the cost thereof as a lien against the property to be enforced as a lien provided for under the Florida Statutes; is hereby granted. PASSED AND ADOPTED this 28th day of January 1988. AT S : MATTY HIRAI City Clerk PREPARED AND APPROVED BY: G. MIRIAM MAER Assistant City Attorney TO FORM AND CORRECTNESS: PCIA'A. DOUG ity Attorney GMM/rcl/M597 AVIER L. SUAREZ, WYOR t -3- 19e--107 ;I �I a us. %AR MG erwrw MK. 2476 kxith Bayshore DrW Miami. Fknda 33133 PO Box 331459 Miami, Fbnda 33233-1459 JIM 95641412 E� January 28, 1988 Honorable Mayor and City Commissioners City of Miami 3500 pan American Drive Miami, Florida 33145 Honorable Mayor and City Commissioners: As Chairman of the United States Sailing Center I have been asked by Dr. Jeffrey Tardiff and those opposing Dr. Tardiff's application for a variance to state for the record the capability of our facility to accommodate the remaining Olympic Tornado class training regattas. If the Sailing Center had been asked by Dr. Tardiff or the Tornado class in the summer or fall of 198'7 of the Tornado class' desire to hold a series of training regattas at the Sailing Center, as is the usual procedure, we could have arranged our scheduling to accommodate the Tornados, however, because we were asked at such late date to accommodate the class on certain dates with which we have conflicts, we can not accommodate the Tornado class. As the attached article from last week's Miami Herald the Sailing Center has been a tremendous success facilities are swamped. Without sufficient advanced our hands are tied. indicates, and our warnings, If the Commissioners were to vote that Dr. Tardiff's application for a variance be denied and his dock be removed, we ask that he be given until April 15, 1988 to do so, and that he not be restricted from obtaining a class "B" permit to conduct his scheduled events until that time. This would serve the long range goals of those opposing Dr. Tardiff's application and it would help the Tornado Class Association. Submitted into the public record in connection with item 2-23 on L4� _. Matty Hirai City Clerk A i US. SNUNc CKFAW IK 2476 South Bayshure Drive Miami Ronda 33133 PO Box 331459 Miami. Florida 33233-1459 13M 8NrM12 94 Honorable Mayor and City Commissioners Page 2 Again, we thank you on behalf of the U.S. Olympic Yachting Committee, the U.S. Sailing renter and the hundreds of Olympic aspirants from all over the world that are enjoying thetright now. 1 t l rman MMB/eg tamante PS: Teams from Canada, Bahamas, Germany, United Kingdom, Venezuela, Mexico, Denmark, and others competing in the 47; and Flying Dutchman Midwinters through January 31. Pay us a visit! 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Sam Kam ass �°..:b be ON IN so 'ney W art awls aewtttywv Umw stow Yam heft Wool: *116 a Maw wawa trey m At is 2P,y5 eawm a watt M a Nana us" to wM an Olyrpc mChomm r no mom up oli 1'a talfaP eutK sffi tlPettr at emimtigr aw.si lea, wit tam b*3 is sa arm. AftO W W r arar•ts wfq wmwr. omd•ow tis WO t * am � m�Wat twmWiiia b.ee aw Arencw dlkff we. taor era wmeatt al Pre• las an era Mtwmed tided a wl sets tic awtrym wom m ww alpt rare. w cry bite tWw• Part. • rpammr aMa was bt IN Pai m mow wO be m. a aerate Poet dam Yr as - s e.wr M ad tyro M wltt awe Met sopma6w is a Pow an dr How" We wtriarc sm saya aM k V efw w tat is mmoat w tw d tsts now dov wafa aver 29 matt Ten, wr a aemreaao nreaoa. W sa so waotl /r nP r 10 fr � ata Oettrma{.' Aolra wear IS t>t coaory asrtow c=M Itaa m,aldow at aLRateaar.-moth" is as 067. PZ023 ZONING FACT SHEET LOCATION/LEGAL 3590 Crystal View Court Lots 11 and 12 Block 2 CRYSTAL VIEW (12-47) P.R.O.C. APPLICANT/OWNER Jeffrey Tardiff 3590 Crystal View Court Coconut Grove, FL 33133 Phone # 854-8383 ZONING RS-2/2 One Family Detached Residential REQUEST Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2024, Subsections 2024.1.3 and 2024.10, to permit an existing dock and catwalks which extend 37.75' into Biscayne Bay (25' extension allowed); and providing a 1.5' side setback from the property line (23.7' side setback required). RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. There is no hardship which justifies tVe granting of these variances. The existing dock and catwalks were illegally constructed extending beyond the twenty five feet (25') _ maximum allowed; the northernmost catwalk encroaches into the side setback by 22.2'. These structures do not conform with the character of a single family residential district. Their extension beyond the 25' and - the excessive length of the yard encroachment would create a detrimental effect on adjoining and nearby residential properties and would create negative impact on this entire single family residential area. PUBLIC WORKS Dedication is required. Further comments to be offered at meeting. DADE COUNTY PUBLIC - WORKS No comments. ZONING BOARD At its meeting of December 21, 1987, the Zoning Board adopted Resolution ZB 128-87 by a 5 to 2 vote denying the above. Thirty-four proponents and twenty opponents were present at the meeting. Two replies in favor and twenty-two objections were received by mail. - APPEAL Letter from attorney dated December 24, 1987. 14e-107 HISTORY - Planning and Zoning Board Meeting 1/10/49 REQUEST Lots 1 through 12, Block 2, Zoning Change from R-1 to R-3. PLANNING AND ZONING BOARD Deferred to be readvertised. PLANNING AND ZONING BOARD Denied on 2/14/49. Zoning Board Meetinq 12/17/79 REQUEST Variance to allow existing fence 9'-10" at the highest point, with an arch 8'-11" and a pillar 10'-5" (8' allowed on all three cases), on Lots 11 and 12, Block 2. PLANNING DEPARTMENT Denial. ZONING BOARD Denied on 12/17/79. Resolution ZB 249-79. CITY COMMISSION 1/24/80 Denied appeal. M-80-63. Zoning Board Meeting 9/8/80 REQUEST Conditional Use to permit mooring piles on Biscayne Bay extending 35' (25' permitted) on Tract "A" L'Hermitage. PLANNING DEPARTMENT Approval. ZONING BOARD Granted. Resolution ZB 167-80 Zoning Board Meeting 11/16/87 REQUEST Appeal of Class C-87-726 Special Permit disapproved by the Planning Director on 10/2/87 to legalize an after -the -fact extension of a -j dock 37.75' into Biscayne Bay, under Section 2510 - Preservation of Natural or Archeological Features. PLANNING DEPARTMENT Denial. There is no justification for the extension of the dock beyond the 25' allowed because no natural feature is being preserved as a direct result of the extension. —� ZONING BOARD Deferred. _� 1413--10 LAW DEPARTMENT Memorandum 11/19/87 declared the Zoning Board divested 'of jurisdiction to hear any further proceeding on this matter after the appeal was withdrawn by applicant on 11/12/87. Code Enforcement Board 11/18/87 VIOLATION The Miami Code Enforcement Board gave Dr. Tradiff until 1/15/88 to correct code violations on illegal docks, if not, a fine of S250 a day would be imposed until he complies. ---------- ZB 12/21/87 4 AS 45 Item # 6 lq,3..Io 7 AP L-23 L-25 3590 Crystal View Cntirr Fine Jacobson Schwartz Nash Block & England lart P. AttWA In 1. CeIOM One CenTrwt Financki Center Sbar K. HONWAS Bwwud GwW 1. MM Ao6ow 1. Forrora Nets L Arown rA@b AL Ew 100 Sorrdte" bw Strfft Ckwlw M. AriwWw Artlir I. E+raiwd. Jr. 11[ietni. Fbrida 33131 jmvbo Aialaad A. /arp%W snnlq B. Freer sa lee /. a"- Wh"M Terry B. Fib G.1. Fmn A=Qrineom Tdepiwne (30S) 577-4= Andres Kaur Heffmoa 7hmWoro MOM R. BaBrnr Aorder T1wwa Rrrf/b 111 Brio„ Bah W06M 1. Bow Fed Bebnoib .rw 7dwopier (30S) S77-4= Ytb la Aim L. Chid Cable FLORIDALAW Saoa M. K�oatb Fda A. Lsbtts 80*"Wn S. Seibueres 108wh H. Serorr - InWn Bt niob I. BIN* B CriwYrr er 22748 5 Til a Biosw6w� 1«p L c r+r. 1. Mdup 1Odura Haq Lrtiwa Sarre L. sieroe Lym D. W000n cery S. Bro.b 1+6rrb c. Grebr Gov S. I. Carirsle Dadr A. Hre Gory D. Lkwo Be�ir Look Ji�naa Lgia� c. wol�in`wn Rfeirrrd low WOW 1Wettp /. W. COWWW Gwdd L Hej/wa RoWn A. Cho Simms /. ffdlw Carom N. oR Mager t:►rrtw E. MIt>raor U Lbdo Ann Witt 1rYt A. S. W OORWR sod Ciwita an L IWt December 24, 1987 Mar" 1. Nab &w i cream 1 OM*ft HAND DELIVERY Ms. Gloria.Fox Director City of Miami Planning and Zoning Board - 275 N.W. Second Street Miami, FL 33130 Re: Petition For Variance for Dr. Jeffrey Tardiff/ 3590 Crystal View Court Dear Gloria: The purpose of this letter is to advise you that Dr. Tardiff wishes to appeal the December 21, 1987 decision of the City of Miami Zoning Board denying his Petition For Variance. I would greatly appreciate your efforts in scheduling the appeal on the most immediately available City Commission Agenda. Thank you for your attention and cooperation. SJH:sm cc: Dr. Tardiff 06332.0001 Sincerely, Stephen J. Helfman Ft. LarreM 3O vea 750 SoYt/uatt rd Aoauu Ft. Lardadak. Florida 33316 Tekpbone(3051462.3800 Tekeopier (305)40-450fi �p 0 Caue FORTLAW 04 0 A PETITION FOR VARIANCE File Number V-83- A variance is relaxation of the terms of the ordinance where such action will not be 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 outhbrized only for height, area, size of structure, dimensions of -yards acid other open spaces and of fstreet parwng or loading requirements. (Section 3101) It Zeffrey U. -rarc=ff, N.D. , hereby petition the City of Miami Zoning Board cr o;oridnc- ehom the terms of the "Zonin Ordinance of the City of Miami; affecting property located at 3590 Crvstal-View Ct. Miami, as specified below. -� In support of this application, the following material is submitted with this application: I. 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 I (if 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. ' x _ 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 estote within 375' radius from the outside boundaries of property covered by this application. (Form 6-83 and attach to application.) x _ S. At least two photographs that snow the entire property (land areJ improvements). 6. Other (Specify) x - 7. Fee of $ 0„ 0.00_ to apply toward the cost of processing, based of the following: (a) RS, RG-1 $100.00 (b) For penetration of Plane III by antennas and the like $300.00 (c) All other applications for each request variance $0.03 per sq.ft. of floor area of building(s) from the ordinance minimum - $300.00 (d) Surcharge equal to applicable fee from (o)-(c) .obovet not to exceed $5C0.00; to bp refunded if there is no appeal.- (City Code - SAtion r. n1„ 88-107 I A 1% 0 A I 4 8. The Variunce requested is for relief from the provisions of Section r2024.10 (b) of -- the City of Miami Zoning Ordinance as follows: 2024.1.3. See Letter of Explaination. 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 following six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, l - structure, or building involved and which are not applicable to other lands, structures, or buildings in the some zoning district in that: Rist evidence to ' be produced and use additional sheets, if necessary.) A request is being made for a boat dock at a single family residence, fronting Biscayne Bay (at 3590 Crystal View Ct., Coconut Grove, Florida 33133). In order to accomimdate the type of boat being utilized by the owner and to secure deep enough water, the dock needs to extend from the seawall behind the 25 ft. extension distance from the seawall. In addition, to the north of the property, directly abutting the property, is the easement of Crystal View Ct. which is a dead end, non -turn around extension of Crystal View Ct. as it ends to the north of the bulkhead. Therefore, there is no abutting private property or residence to the north of this property. W The special conditions and circumstances do not result from the actions of the petitioner in that: Directly to the south of the property is L'Hermitage Development with existing boat docks fronting the entire width (seawall of the property). The request of this applicant is to construct a dock which will extend at least as far as the existing L'Hermitage docks. This would provide enough distance out from the seawall for' navigable. -ingress and egress without being impacted by the furthermost extension of L'Hermitage docks. 8 ee-�o _ (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: L'Hermitage docks which are in place and functioning and which abut the property directly -to the south are already in place and extend beyond the 25 ft. allowable extension from the seawall. (d) Granting the variance requested will not confer on 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 variance being requested will not confer any special privilege that is denied ! by zoning ordinance to other lands or docks in the same zoning district. L'Henaitage, _ to the south, already is in place and has exceeded the 25 ft. requirement. There has been no negative impact on any private residences in the area so long as additional t= abutting docks can extend to at least the distance out from the seawall as L'Hermitage docks. (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: The dock will extend to a point approximately in line with L'Hermitage docks and will make possible the reasonable use and ingress and egress of the riparian property in front of 3590 Crystal View Ct. F 88-107 (f) The grant of the variance will be in harmony with the general intent anc �"— purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The grant of the variance will not be detrimental or injurious to the neighborhood or to the public welfare. The dock will utilize an existing channel, will approximate the distance out from the seawall, similar to the L'Hermitage, and will have no visual impact to the north since there is no abutting property. Note: All documents, reports, studies; exhibits or other written or graphic material to be submitted to the Zoning Board shalt be submitted with this application. STATE OF FLORIDA) SS: COUNTY OF DADE ) Signot �4'11 er Jar Author gent Name Jeffrey Tardiff ` Address. 590_ rvsta_ View rt _ Coconut Grove, Aliami, Florida 3311 TEFFM TARDIFF being duly sworn, deposes and says that he is the (Owner)of the real property described in answer to question fit, above; that he has read the foregoing answers and that the same ore true and complete; and (if acting as agent for owner) that he has authority to execute this petition an behalf of the owner. SWORN TO AND SUB$CRiBED before a this gel day of 198,J?. MY COMMISSION EXPIRES: NOTARY POILIC STATE OF flOAIOA 41 CGONISS10M Exp. NAR 17.1989 900 INAU fAURAL INS. UNO. Form 1-83 otary PublIc. tate of Fior da at Large r3e-io71O AFFIDAVIT STATE OF F=DA ) SS. COUNTY OF DADS ) Before me, the undersigned authority, this day personally appeared 1&, who being by ire first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, subndtting the accompanying application for a public hearing as rrequired by Ordinance No. 9500 of the Code of the City of Miami, 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, if any, have given their full and complete permti.ssion for him to act in their behalf for the change or I!lfXj:.rt :lotion of a cia ,sif: cation or rev lati can of z-.-, r.A as ser. C,.t.. In the ac_ .:panyping petition. 3. That the pages attached hereto and trade a part of this affidavit contain the current names, mailing addresses, phrsne numbers and legal. descriptions for the real property which �he is the owner or legal representative. 4. The facts -as represented in the application and doct.-re.*zts submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not.' Sworn to and Subscribed before me this �2,� day of kip.,, 19 8 7 . . Q , N Pub , State of Florida at Large My CCm. ssion Upires: NOTAPY PUBLIC STATE OF FLORIDA MY C6YMISSION EXP. MAR 17,1389 901DED JNRY 6EUM INS. OND, ROL OWNER'S LIST ` Owner' me '-f*ey Tardiff Mailing Address 3590 Crystal View Ct., Coconut Grote, Miami 33133 Telephone Nurturer (3051 854-8383 Legal Description: Lots 11 and 1:, Block Z", Crystal Vier, 12/47 Owner's Name None Mailing Address Telephone Number Legal Description: Owner's Name None 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 Legal Description Street Address Street Address 0 Legal Description Legal Description �07 DISCUSUEE OF a-MEMRIP ^ ' ;t 1. Legal description and street address of subject real property: 3590 Crystal View Ct.; Coconut Grove, Florida 33133 Lots 11 and 12, Crystal View, Block 2, 12/47 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 5419 requires disclosure of all parties aysng a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Sole owner is: Jeffrey Tardiff 100% owner 3590 Crystal View Ct. Coconut Grove, Miami Miami, Florida 33133 3. Leyul description and street addresb of any real grope:*, (-%) owned by any party listed in answer to question r2, ami (b) located wktttln 375 feet of the subject real property. ' 0 R FIgEY -? OA�vER STATE OF FLORIDA ) SS: COUD 'I'Y OF DADE ) , being duly sworn, deposes and says 73t ne Ls&the ( ner) Attornpor Owner) of the real property described in bnswer t6 question #It above; that he has read the foregoing answers and that the same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Owniership form on behalf of the owner. SWOR4 TO AND before me this day of ~'; I997. MY CO MISSION EMIRES: (Hamel 1 MUR Public, state of '. Florida at Laieje' 13 �:!•i7w.VNw. �V� IIIIII..iI r_ i STATE OF FLGR h ) SS: COUNTY OF DAB ) bei:s`aU /� /1 T - - -ng duly rpt deposes and says MW he is the duly appointedto Zj��M71t%vbf the owner of the real property desqui dun answer to questUM am"; that he has read the. foregoing answers; that the same are true and com- plete; and that he has the authority to execute this Disclosure of Owner- ship form on behalf of the owner. (SEAL) (Name) sow TO AM b-Mb Fc w before me this .0 day ofF:7Tqk NY CONUMIQK EXPIRES: NOTApy vUBL:C STATE OF FLORIDA My Cgr.11413SION UP. MAN 17.1986 BONDED 1NRU 6ERERAL INS. UND., GWwpc/ab/G25 88 O% P4 TQ FROM Cesar Odio City Manager Donald W. Cat %vector, p" CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM GATE! January 5, 1988 FILE susJEcr: Informational tdemo 3590 Crystal View Court REFERENCES. Ec Works ENCLOSURES. On January 28 Dr. Jeffrey Tardiff of the above address is scheduled before the City Commission for an appeal of the denial of a variance by the Zoning Board. The variance he requested was to waive restrictions on the length and setbacks of docks which lie built without permits in the bay adjacent to his home. We would like to detail our objections to Dr. Tardiff's docks and _explain why we cannot issue a permit for this work to date. +. Dr. Tardiff-has never submitted proper plans which accurately and clearly depict the full scope of the work he intended and built on the site. Missing from these plans are mechanical details, electrical and plumbing details, the elevators and/or movable ramps, as well as a correct depiction of the setback required by the Zoning Ordinance. 2. In addition to the waterfront Improvement Permit which we have denied the applicant, he also must obtain approval and permits from the State of Florida, Department of Environmental Regulations, and the Department of Natural Resources; Dade County Department of Environmental Resource Management; and from the City of Miami., electrical, mechanical, and plumbing permits. 3. In its present size of approximately 1900 square feet and its value, which is clearly in excess of $25,000, the dock construction will require Dr. Tardiff to dedicate that portion of the public right-of-way in front of his home lying between the property line and the base building line. Additionally, City Ordinances require that he build sidewalk, new curb and gutter, and street pavement to the proper design for that street. This construction will require the removal of the coral rock wall which he constructed without permits outside the base building line in 1979. 88-107 4. The northerly -most finger pier of Dr. Tardiff's facility stands 8.5 feet into the right-of-way beyond the base building line. It supports the northerly elevator. City Ordinance 54-107 clearly prohibits this department from granting a permit "after the fact" to allow the illegal encroachment in the area between the dedicated right-of-way line and the base building line. Once this area is dedicated, the pier and elevator will stand within the street. It is our contention that the Zoning Board did not have authority to grant a variance of that setback. It may not be possible for the City Commission to allow this illegal construction to remain without contravening the City Code. 5. Section. 2024.1.3 of the City of Miami Zoning Ordinance requires that the construction be no closer than 10 feet to property lines extending into the water. Therefore, the northerly pier is at least 18.5 feet from its legal position. Additionally, that ordinance limits the length of docks to 25 feet. Should the facility be allowed to extend to its presently unauthorized length of 38 feet, the setback required is increased an additional one foot for each 2.5 feet of extension beyond the 25 foot limit. Therefore, the proper setback from the base building line is 15 feet for a 38-foot long dock. In its present location, the northerly pier of the illegal construction is 23.5 feet from the correct setback. We can see no solution for Dr. Tardiff's problem other than to remove the northerly pier and elevator entirely. The middle and southerly piers and the elevator which they support should be reduced in length to 25 feet as per the Zoning Board's decision. This downsized version of the project would be less than 650 square feet, and most likely, less than $25,000 in value, therefore relieving Dr. Tardiff of the necessity of the dedication and reconstruction required in Section 54 of the City Code. In the past, Dr. Tardiff has been repeatedly cited by City agencies for working without permits. When we discovered this new construction, we also noted that another marine elevator and set of davits had been built without permits previously. It should be impressed upon the doctor that he must obtain permits before beginning any work on his property or in the bay adjacent to it in the future. DWC:BDH:vh cc: Sergio Rodriguez, Director Planning Department Edith Fuentes, Director, Dept. of Building & Zoning Miriam Maer, Assistant City Attorney 138--107 Gloria Fox, Chief, Hearing Boards Division 14 (4itu orf 'Mia *1 o/r EDITH M. FUENTES ��► s CESAR H. ODIO Manager Director City �CO.f�O s: December 28, 1987 � James H. Sweeny,. III s ly ' �_ co T 2000 South Bayshore Drive T Coconut Grove, Florida 33133 fre,�fj� � r Re: 3590 Crystal View Court 3/per Dear Mr. Sweeny: This is. In response to your letter dated December 171, 1987 in reference to event held on the weekend of December 12th at 3590 Crystal View Court. You are correct that no Class B Special Permit was issued for a _ special event. It is not required that we notify the public prior to issuing a Class B permit. However, in this case we requested that all residents immediately adjacent to the subject premise be notified, including all residents on Crystal View Court which would be the most impacted. The occupant of the house Mr. to&. Burnstein who owns the house in L'Hermitage immediately adjacent to 3590 Crystal View Court was notified. mmmmm As to how the sailing regatta could be conducted without appropriate permits, I cannot answer except with another question "why does anyone violate laws?" I an attaching a copy of a letter to Dr. Tardiff indicating _ that if he does hold another such event that we will proceed immediately with court action. AR;m yo rs,Genuardi inistrator JAG/Is _ cc: Santiago Jorge-Ven ura Sergio Rodriguez Juan Gonzalez Don Cat he r BUILDING AND ZONING DEPARTMENT Zoning f i le2"N.w. 2nd Street/P.O.Bos 330MMiarni. FL 33233.0700/13051350 M7 138-107 GT Cqity of Aiamto EDITH M. FUENTES Director Mr. Jeffrey G. Tard if f , M.D. 3590 Crystal View Ct. Miami, Fla, 33131 Dear Dr. Tardiff: 1 Y . MINI Ir /.., 1 %0 U.6 Z - ... December 23, 1987 .- JTED CESAR H. ODIO City Maruser Re: Special Event at 3590 Crystal View Court 1988 Tornado Class Sailing -Competition On December 12th and 13th, 1987 you held a Special Event without first obtaining an approved Class B Special Permit, which you were aware was required. This is to advise you that if this or any similar event is held again we will proceed with court action. Very truly yours, se A. Genuardi ing Administrator JAG:ga cc: Santiago Jorge -Ventura _ JSergio Rodriguez Juan C. Gonzalez Central file Adrienne Friesner BUILDING AND ZONING DEPARTMENT VS N.W. 2nd SueevP.O.9oa 330M/Miami. FL 332334OW13051350.7957 0 , ' PETITION PETIT PETITION PETIT � � ' WE, THE U RSIGNEL TAXPAYERS OF THE CITY OF I 1� NEIGHBORS OR. JEFFERY TAROIFF, WHO LIVES AND OPE..ATES Aug}q•N.� MEDICAL PRACTICE AT 3SSO CRYSTAL VIEW COURT, 00 HEREBY PETITION AND BEG THE AUTHORITIES OF THE CITY OF MIAMI TO PUT A STOPP�HE ILLEGAL AND UNAUTHORIZED USE OF HIS RESIOENTIAL PROPERTY BY THE CONSTRUCTION OF COMMERCIAL TYPE COCKS, RAMPS AND BOAT STORAGE, UNDER THE PRETEXT THAT HE WANTS TO HELP THE OLYMPIC SAILING PROGRAM BY PROVIDING THE ONLY SUITABLE PLACE FOR THEIR TRAINING. HE HAS, AND CONTINUES TO IGNORE THE REQUIREMENTS FOR VARIOUS PERMITS, AND PLANS TO GO AHEAD WITH THE TRAINING SESSIONS, IN SPITE OF THE FACT THAT HE HAS INCURRED THE OBJECTIONS AND WRATH OF ALL OF US, WHO VALUE OUR RESIDENCES VERY HIGHLY. SOME OF US HAVE BEEN HERE FOR MORE THAN A QUARTER CENTURY AND FEEL THAT OUR FEELINGS ARE BEING IGNORED BY CITY HALL: SIGNATURE ADDRESS .ip.v 34 .me. � i LG 0% Oft 04 0% ��G :�f��--�-✓�i��, ter>r- -'_�-» ELEANOR S. MILLER REAL ESTATE BROKER 3551 CRYSTAL VIEW COURT MIAMI. CLORIDA 33133 (3051 Gas-6146 Planning & Zoning Board December 1$, 1987 City of kiami Gentlemen/Women: My husband and I are pleased that you have contacted us, the people most directly affected by the variare requested by Dr. 'e:f Tardiff of 3590 Crystal View Ct. Up to this point, we have gotten our factual informa- tion from the Miami h_ld neighbor's section. Because of a family holiday event, we will be unable to attend the Public Hearing scheduled Ocr December 21 on this matter. However we enclose the card sent to us for our views on this variance. In addition, we should lice to state that we are opposed to the zoning variances as proposed on the Hearing Notice. Ours is a dead -end -residential street with a charming North Grove character. Open- - ir_g the existing dockage (as I understand, never • applied for before being built) will cermit More usage than is "normal" for a single family residence. Although practice :or the 1988 Olympic sailing trainees is now being given as justi ftcation for the variance, Crystal View Court will bear the ramifications of this increased dockage for many years to come. Another reason :or withholding this variance is that there is some 300 feet of waterfront property zoned for family residence facing Dr. Tardif+'s property. How many docks will be allowed here when homes are built on this land, some cf which is vacant? And how far out will they extend into the bay; given the precedent of Dr. T&rdiff's variance? Please take these points into consideraticn when your Board meets on December 21. We realize the time and energy you Rive, as individuals, to the Board; please ,snow that your work is appreciated. Yours truly, cc: bayor, 'City of Miami Commisicners, / City of i..iami ::closure: Tardiff letter 88--107. 3540 Crystal View Court Miami, Florida 33133 December 8, 1987 Mr. Joseph Genuardi Zoning Administrator City of . Miami. 275 NW 2nd Street Miami, Fl. 33078 Re: opposition to request for Class B&C Permits and Zoning Variance 3590 Crystal View Court Miami, Florida Dear Mr. Genuardi: I am opposed to the granting of the Class B&C permits and the requested zoning variance for the dock Dr. Jeffery Tardiff has constructed and the boat lift he is constructing. Crystal View Court is a short, single entrance street off South Bayshore Drive. There is already congestion at South Bayshore Drive. Additional traffic can only create =re traffic problems. Dr. Jeffery Tardiff continues to construct his dock and boat lift for operation on December 12 and 13, 1987 without the appropriate permits. How can this even be held without the proper permits %Mich the City has required that he obtain. It makes one wonder who runs the city, especially when so many of the neighbors have signed a petition against the activity and the dock. Sincerely, Eugene Klein _. cc: Xavier Suarez, Mayor Sergio Rodriguez, Planning Dept. ald Mary Ann Esgtuvel, Miami Her 04 P.O. BOX 140M CORAL GABLES. FLORIDA 33114 TELEPHONE (306) 858-M C-,/t►n %�a� �%1� 3550 CRYSTAL VIEW COURT r• �� MIAMI, FL. 33133 JJ November 309 1987 rM LV Mr. Joseph Genuardi, Zoning Administrator City of Miami Zoning Department- 275 N.M. 2nd Street Miami, Fl 33078 Res The Doctor Tardiff•s violations of our codes. i Dear Mr. - Ganuardi: rI 1 I returned from spending Thanksgiving with my family last evening. I was amazed to one b trailer load of disassembled astsmarens in front of 3590 Crystal` View Court. Today, I see that Doctor Terdiff has them parked on his "tannin court". Is the court legal and is parking catamarans on the court legal??? Thera are boats tied to the illegal docks, also. And, it appears that he has installed lifting equipment to bring the catamaran* out of the water, in spite of the dictum that he must correct the code violation bsfore.January 159 1988. It is fairly obvious that Doctor Tardiff is "thumbing" his nose at the city of Miami, and fully intends to carry out his threat to have a regatta event on December 12 and 13, notwithstanding the strong opposition of hie neighbors, The Planning Bosrd, The Zoning Board, and the Code Enforcement Board. In the City disregard for have the some Perhaps Miami Coral Gables, promptly and of Miami unable to caps with this sort of Its Iowa. If thin were a poor parson, would he opportunity to tell the city where to go? should take lessons from its sister City of where deviations from the codes arm dealt with severely. Sincerely, Nor art �. Touchat • Colonel, U.S. Army (Rat) Executive Director Copy: Mayor Xavier Suarez - Mr. Sergio Rodriguez, Planning Department RIM f*4 r ON 351? uryszal View Court l��l G�� tdiami, Florida 33133 November 2$, 1987 Mr. Joseph Genuardi Zoning Administrator City of diami Zoning ,department 2?5 N. W. 2nd Street Miami, Florida 33078 Res Request For Class Be Permit 3590 Crystal View Court J. Tardiff Dear Mr. Genuardis Concerning certified letter from Dr. Tardiff seeking support for request for illegal work already done, I must deny my support, in fact, request action on your part to stop his attempt to conduct more business enterprise on his property. He presently has flaunted his personal residence into a Doctors Office, rental properties - and already declared illegal height stone wall. His most recent request is for a notarized marine lift which is all but constructed. This is not dock nor ramp which he describes. No permits were sought on any of this work and done on week -ends when inspections were off. The City Kennedy Park just south of us has ample facilities for the boating activities mentioned which we taxpayers have already invented In. Sincerely, Charles A. Perry Native Son - cys Mayor Xavier Suarez =j Mr. Sergio Rodriquez, Planning Dept. - 77 I i wI ` •� �. Xz ® 4,514 Ile IRWIN M. ADLER September 17. 1987 Mayor Xavier Suarez City of Miami City Hall 3500 Pan American Dr. Coconut Grove, F1. 33133 Dear Mayor Suarez, 1 am a resident at L'Hermitage and would appreciate this corresponJence being considered an official objection to approving Dr. Tardiff's dockside improvements presently being reviewed by the City. My reas-ms for the objection are: 1. 1 believe him to be completely knowledgeable about the permitting process and his ignoring procedures in completing the improvements which violate codes and environmental concerns, deserves penalty not ratification. 2. Almost 8 years ago when the developers of L'Hermitage applied for their aoprovals nece%sary to construct the docks, Dr. Tardiff vigorously opposed the improvements, specifically the extension of the piers past 20 ft. as it would interrupt the utilization of his own dock space. Years later and without permission, Fe now has seen fit to violati City and County ordinances by extending piers past the point to which he previously objected. 3. An even-handed analysis of the improvements suggested would indicate that the only hardship which exists is the tact that he illegally went ahead with the improvements and now should be required to remove them at his expense. A residential area of this type is no place to run a training school for Olympic hopefuls, as worthy as the cause may be. There exists some skepticism by many, that this was not the true reason for the improvements in the first place. Respectfull yours, twin M. Adler c.c. Mr. Bryan Harms - City of Miami, Public Works Enforcement Div. ,23 88--1.071. 0c.ITION PETITION PETITION PETITION WE, THE UNDER NED TA., AYERS OF THE CITY OF MIAMI +NO NEIGHBORS OF L... JEFFERY TARDIFF, WHO LIVES AND OPERATE., A MEDICAL PRACTICE AT 3590 CRYSTAL VIEW COURT, 00 HEREBY PETITION AND BEG THE AUTHORITIES OF THE CITY OF MIAMI TO PUT A STOP THE ILLEGAL AND UNAUTHORIZED USE OF HIS RESIDENTIAL PROPERTY BY THE CONSTRUCTION OF COMMERCIAL TYPE OOCKS, RAMPS AND BOAT STORAGE, UNDER THE PRETEXT THAT HE WANTS TO HELP THE OLYMPIC SAILING PROGRAM BY PROVIDING THE ONLY SUITABLE PLACE FOR THEIR TRAINING. HE HAS, AND CONTINUES TO IGNORE THE REQUIREMENTS FOR VARIOUS PERMITS, AND PLANS TO GO AHEAD WITH THE TRAINING SESSIONS, IN SPITE OF THE FACT THAT HE HAS INCURRED THE OBJECTIONS AND WRATH OF ALL OF US, WHO VALUE OUR RESIDENCES VERY HIGHLY. SOME OF US HAVE BEEN HERE FOR MORE THAN A QUARTER CENTURY AND FEEL THAT OUR FEELINGS ARE BEING IGNORED BY CITY HALL: SIGNATURE ADD_ Aq 813-107 UNITED STATES TORNADOASSOCIATION ANDREW J. ZrMUS, !RESIDENT 23361 ROBERT JOHN — ST. CLAIR SHORES. M148080 - (313) 886.7869 September 23, 1987 Mr. Xavier Suarez, Mayor 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez, Re: Support for Dock Construction to assist Olympic Class Sailing The United States Olympic Tornado Class is very enthusiastically seeking a winter sailing site. The top sailors of the Tornado Class are very eager to support a winter training program of 5 weekends over the winter months. We are great full to the city of Miami for their continued support of the Olympic sailing classes. However, the new Kennedy Park Sailing Center may not be suitable for the Tornado class as a base for a very aggressive winter training — program. Please note that the Tornado Catamaran is the fastest Olympic boat mainly due to its light weight, fragile hull construction and large size, 20 feet long by 10 feet wide. This uniqueness for our boat requires extra launching space, extra wide harbor sea room for our slower tacking, and extra on land dry dock storage space. In addition, the Tornado class is seeking a - series of winter training events, unlike some of our other Olympic classes. Hence, our Class's concern over competition for use of space (launching, harbor, and secure on land storage during the winter months) at the Kennedy Park Sailing Center. As President of the USTA, I have asked _Dr, _-UUrey Tardiff to act as the. '01 USTA Olympic Training tor.and establish the Tornado winter training prokram. Dr. Tardiff, in addition to offering his time to conduct this program, has graciously offered the use of his personal property as a very - secure storage/launch site. The proposed Dock construction on his property is ESSENTIAL to the success of the Tornado training program. Launching the Tornado catamaran can only be achieved with the addition of the proposed small dock. Storage over the winter months, between weekend races, will be available on his tennis courts which are protected by an electronic alarm system. The Olympic Committee considers the US Tornado Class to be in for Medal contention for next summer's games in Seoul, Korea. Practice during the - upcoming winter months is a MUST to maintain our competitive edge. Dr. Tardiff is a Tornado sailor and completely understands our unique needs. On behalf of the Tornado Class as President, I request your support for the proposed dock construction. Sincerely, Andrew Zitkus USTA President �. cc: Mr. Sergio Rodriquez, Planning Dept. City of Miami ? Dr. J. Tardiff, USTA Olympic Training Director O� Mr. R. Smyth, Olympic Committee Representative 88-107 DAVIS ENGINEERS, P.A. 780 TAMIAMI CANAL ROAD • MIAMI, FLORIDA 331" 305.266.2566 IZ•II•�'I To �liacw► �T N►��1 �*►� Door. ` iu►1MN11,'F�o�.►b� .. I HEa�atiYaY'T -fie Rs'�crw�� t*w5 �,�,1 GpIJt�Ru C'�1D , �N F•trto20EM1GE yIi1T11 'SNP • p�.l�ts P�� 8y Tw+s of-w,c� :, h�►ID 1wa-�'�++,ti 'I�t •tom Pis. �n oo�K r� M tAa�uE _ wl-m ��tu r 's ap Toe Gr" of M�►1 ,,►�►,� -M�� of SINGC'�•`i 1(ortfo 0^ BUILDING a 20NING 1►1VECTION DEBT J BOX 33Cn8 MIAMI tl ,1" ON FOR ROOFING. SLAB. FENCE, ION. AWNING. SIGN, SHEET METAL AND MISCELLANEOUS PERMIT !,,Omp clete the following: rrR a `�"A ?-D <<"`` /',•�/- r a I PERMIT NUMBER DATE _ c—D.� S FEE G..� z ° T ISSUED bL C •� —FEE m I �AFFID ITATTACHEO _FEE - N p C��r CONTR S iiooLICENS ADDRESS 3 � �S�L U �� 8 UE f 4 p W- O CONTRACTOR .�� CONTRACTOR'S ZONINGf_ S _y— 7 FIRE BUILDING AoO; BUILDING ZONE ROUP TYPE jNPSTRrCTURAL ADDRESS ARCHITECT OR 'ENGINEER ARCHITECT'S OR ^� ADDRESS S ❑ ELECTRICAL ❑PLUMBING 5' �• �; BUILDING USE DESCRIPTION (� . Is.MECHANICAL OF WORK = aL L Gif' 2ff9 1 NC wJ LANDSCAPE `Z = I10 hSTATE HOTEL I 0 _ isnoERMIT I phoantand that this application is suplea to the Building ordinances all Otnor Otdinances Of the City Of Miami. Laws Of in* State Of Florida ano Ruies and Regulations of the Building Division aoollcaWe thereto. A CODY Of soproved plans and specifications ftwort tie keot at dui oiti g site cuing Orag►ess of the work. All emolOYers Of lame are su0- ,act to the provisions of the Florida WOrkR*n'B Compensation Act. YtD ¢'y (/ I ��• � OTHER PERMITS 17 ❑ELECTRICAL 7 QUALIFIER'S SIGNATURE OAT NE: ❑PLUMBING _- = RE -INSPECTION FEE. ❑MECHANICAL L! TREE REMOVAL WITH THIS PERMIT: YESLL NO NEWS_ ❑OUE =COLLECTED OTHER APPROVALS REQUIRED: ME.P.O. ^E.P.R.B. r� I INSPECTION I INSPECTOR I DATE 1: L=' COMM NT 1ii.o proper i spectionsl V 7 c n "f r dft T 11 Caw $ I rags ROOFING. SQ. TYPE SLAB: SQ.FT. of FENCE OR WALLS: CONST. HI v cqv DEMOLITION: SQ FT. HI L I I the pluua Space represents SaShowing the dif MISC. DEMOLITION: lance "am lot lines ano other ouiidings• AWNING: CONST. SIZE COMMENTS S TYPE: ELECTRICAL . YES CC NO 0 I ..}. 1 SIZE: SG FT. SF G' OF !_. 1 G 1 , N N CONSTRUCTION: LANDSCAPING SHEET METAL: PAINTINGiSANOBLASTING: I/YI I � MISCELLANEOUS. i/ I � CHECK • 3-1V ! . TOTAL 1 10 LA- ---- -- - M .. 'r I .1::1' I' tiGlit1t(ilLrr � d3 5II1t;Ze [tliiR ~r:- 12 is the fee- c�}re: c; +Lots 11 and , Block 2, Crystal View 0.% aC=r:i:: :o the Plat t"rerco: •�-cce-^e i as c? n Plat nook L2 47 ` F - - at Face , o. the Rpccr..., c: .... a C�:,.....; , : ] c+r: c',� , ::crr•:::af ti.:r ca:IEd FF�'" •F:-- . ., and n:.G�:.li5, �V �•.••,t,••L... .^,:1�t:•t:i:itJbf!i L•^Y frc. Fcri=-sicn to construct a 7 to oot high coral rock and/or' a;asonry fence at the property line CITY ins@ —• has requested the CCVLNANTt;- to execute And delit•er to CITY thin -, -: as a cer.di tior. i reccdcnt to the grantirg of said perm. issfen. IXW,^* FXFCrRE, ir. conzid,0ratior, of the rcrai:.;sicn by CITY to allow the ^ ..a r ._ _ ......_on of a 7 to 6 foot hjC coral rock and/or at the property; line masonryfence and in further consideration of the premises, CC%� ,flE:C� ::„%,:TCP. does hereby covenant and. =gre^ wish Cr.Y that CCt�:;• :::CR shall, at ro cost!t.o CITY remove the aforementioned; whenever requested by, and upon ;thirty (30) written notice from th" :irec;;:r of the Depa:tanent of Public Works of. CITY. In t-he event that CCVE::At.TOR shall fail to r ve fence when sn requested, City Manager of CITY, shall act as agent of CG NAN''TOR,.which agency is hereby oci.` ica fly created, and said City :tanager' shall ' use the aforementioned i•' e rcroved at the expense of the CCVE1:X4TCR and amount of such removal cost All to declared and established as a lien on tha property of such defaulting :•"'..Z.`:TCF and enforced as any lien for materials furnished and work and labor done, i.:ed under the Statutes c: the State of Florida, and that COVENANTOR covenants z zit -roes that all reccurse against CITY is herebx expressly waived as to any damage :.:see, cer.secuential or otherwise, any portion, in whole or in part, of the remaind, inrrc•rc.—..cncs, resulting from the removal of the aforesaid Laid CC'JvE :ANTCF c'oes hereby covenant to indemnify, defend, save and hole. harmless ':Y from. any elai=c, ds--ma td:; or liabilities of anal nature arising out of Lw.c,v,re of this ir.s't'icr.t. It is expressly urdorstccd ane agreed that thiL irstru:re. chall to binding upor :•;;;.;::'OP. and also he; -s, sup•^ccrvrs in interest, cr assigns of CCVS::A'NTOR, and shall. '' en affecting the title to a c: rd .. icr. :r..r _ c •� .y cc. , e f ar.,: a ur other :n:: trt.r: orectrc aforesaid property cr an,,., c^rt:cn thereof. • :t; v;FE:£CF, the COVENANTCR has caused these presents to be executed and •::cd in his nare the day and year first atove set forth. d �� 0. 5,/ $ ;red, Seared and Deliverer'. p�0 _ e 107- the r: esence of : . , •/'.� it r;ee.0,-d t:a perso�+G described in and who executed the forego ing ins s before me that he executed the same freely and voluntarilt :era:: exrressed. -°SS ry liana and n ff 4 cial seal at Mi=i �•�rr • ..• .•r. ••fir •• , W COawiS C" UPiNG Cc. 19 1912 County of Dade and state of Fler. A.U., lQ- . '1 1, "v .:a=ission =Ceres: i:otary. Public, S VI ATE CF ::w.R:vA ) COL':.TY OF DADE ) I HERESY CER-:IFY that on this day of 19 before me Zerscnally appeared zef AU to o: ?lor;.Ga at A.: a cer oration under the laws of the State of Florida, to me :^o•.:n to be the person td:o s- ned the foregoing instr=ont. as such officer and several.',,- ack: %wledged th ixec,.: t: cn t::ereof to be free act and deed as such officer fer the uses and •pesos therein r..entioned and that affixed thereto the official seal of said per:cra:ien, and that the said instrument is the act and deed of said cor=oration. W!"L" ESS r«y ra^d and offic-ial seal at Miami, County or: 0ade, and State of Flc the lay an= year last aforesaid. my ca.:: iSCion Expires: Notary Public, State of Florida at Larc IL i AF i =C : s.D AS O FCF_4 )U.M CORFz C-.::ESS : PREPARED BY: APPROVED: vz.q 88--107 - -- +► AMA '•z .�t,�t1,�•A•��s��'- ' •� �!. d • •� y r ��t -?' fit' •"/ .: •thy •.. ti •r •a i�'.�.,Rr.`y ��,�j ; �'!� 'i •i ;' +�� :� •� .. `�. � • '..i •• � N: �,i11 '} iSCt •►.. '!.•�/��;,ri,—y:" rj...�` 'i � �'� �ti '` •�.•�r' r`t�j� �i��f�.�,'�,..Y?� �n�•.•+fi!!,`�P,��'��`'"' *- • •... ' Aft ¢ . :.. • ••�Y i. .i• ._'� • .•...•i+'�' '4 1•i ►a.• • r i' Job _:•il •'t `^('. ,•L.r !t•!'r..t: .;�tt� t'• IV I :'tiR��r�i�► f.►— { :�' V .R�+�';� 4 �•`•: '. �. ram.'%.�� • •-' •1' ,�, �A*''�•'; fit: �•,'1 ^'sfi• - 0 car a fl%&= BUILDING a TONING INSFserm OPT. s01t 33PW MAN, Ft. 33133 APPLICATION FOR ROOFING, SLAB, FENCE, DEMOLITIpN, AWNING, SIGN, SHEET METAL a AND MISCELLANEOUS PERMIT Applicant shall Complete the following: _ OWNER ACORERS / FOR OFFICE USE ONLY ' PERMIT �l��3L O . O NUMBER - DATE . .�%%2tL /7�► TOTAL ISSUED FEE s DOUBLE 0AFFID0tVJTATTACHED ❑FEE CONTRACTOR.'S LICENSE!' rah• ISSUEDBY XMOVALS_ CONTRACTOR'S U JRZONING i-• .! : I I — j ,;', • ' '' ADORESS FIRE BUILDING ARCHITECT OR ENGINEER ARCHITECT'S OR ENGINEER'S -• __•• -r--•— ADDRESS ZONE _/P GROUP IRSTRUCTURAL �' s UE�ECTRICAL PRESENT BUILDING USE I QPLUMBING O MECHANICAL ' OESCRIPTIOIIY6 OF WOR. ' �• -tip rI �' -- - - r•-'7y'•"_�' bk.ANDSCAPE / I understand that this aOollCatlon lv and all other Ordinances of Me City Florida and Rules and Rqulatlons of thereto. A COPY of 80proved plans an bulldlnl fits during Prove" of the woe Ject to ne provisions of the Florida wo►l C4 7'-, ❑ STATE HC .�...� PERMIT F In Ae a OralnanState of ❑ on aOoucat/le at be kept at Vmv.v7WO W. tabor are sub• O s COMPW Moon Act. OTHER PERMITS REQUIRED: ❑ ELECTRICAL �i• ��;. ❑PLUMBING AC -INSPECTION FEE: ❑MECHANICAL ❑ TREE REMOVAL WITH THIS PERMIT: YESQ NOD ODUE ❑COLLECTEO OTHER APPROVALS REQUIRED. C3E.P.0. ❑E.P.R.B. t . i '! This space noeaaents the 'loft indkite in* hoot gin ot Imes e other win ethe ulltltn dip ,••�.. y.. •rw.. �. mow. rr.. ►-.. •�. �. ....� �„•. .. Ilk 1 ��::� ✓ • COST 6P[E • ROOFING: SQ. TYPE SLAB: SQ.FT. f'' • FEl"IeT OR WALLS: CONST#;X.,. ' / HI - LF DEMOLITIONt SQ.FT. HI L 1I M010�0Di1MOUTION- Iwo <• � .. �, rlr AWNING: CONST.' SIZE :' 14:.• ' ti : ; ��• e COMMENTS �d/•L �/, 4 �'II!iWr...., S. • TYPE. ELECTRICAL - YES O NO O u. G SIZE: SOFT. SF ❑ OF ❑ •, ,,; AJ ^4 N CONSTRUCTION: e� t � ;• �� . 0.' �j�r'P� �! i�a-• LANDSCAPING: Ct� �• ••• •,, Q SHEET METAL: :� 1 ��• PAINTING/SANDBLASTING: � � 0 4-o.,C� A MATTV HIRAI City Clerk TO WHOM IT MAY CONCERN: of L,Y01�� 40% CESAR H. ODIO • = City Manager Q • NNIY V Please be advised that the City of Miami Commission, at its meeting held December 101 1987, passed and adopted the following motion: "A MOTION OF THE CITY COMMISSION IN SUPPORT OF DR. TARDIFF'S EFFORTS IN CONNECTION WITH THE SPONSORING OF A SERIES OF SAILING RACES WHICH MAY LEAD TO THE SELECTION OF THE 'U.S. TORNADO CLASS SAILING TEAM' AT THE 1988 SUMMER OLYMPICS; FURTHER ENCOURAGING THE ADMINISTRATION TO ASSIST DR. TARDIFF BY ANY POSSIBLE LEGAL MEANS." Signed this 14th day of December, 1987, Miami, Florida: Kitty Hirai City Clerk METROPOLITAN DADL .AUNTY, FLORIDA FSPINryVIALF METRO-DADE CENTER ENVIRONMENTAL RESOURCES MANAOEMENT SUITE 1310 III N.W. 16t STREET - MIAMI, FLORIDA 333IMI971 I MI3754376 August 20, 1987 City of Miami 275 N.W. 2nd Street, Third Floor Miami, Florida 33128 Att: Ms. Terlslta Fernandez, Planner 11 Re: Tardiff Dock and Boat Lifts Dear Ms. Fernandez: In regard to the Tardiff dock and boat Ilft project located at 3590 Crystal View Court, Miami, Florida, this Department has no objection to the finger piers extending 37 feet out Into the Bay. An on -site Inspection by biologists from this Department revealed that there are no seagrasses In or around the project location. The substrate was very fine slit material with decomposing seagrass litter on the bottom. Therefore we feel the Impact of this project, will be minimal. The recently proposed addition of riprap along the toe of the existing concrete bulkhead would greatly Improve water quality and provide marine habitat. Be advised that the applicant must obtain a Class I Coastal Construction Permit from this office. However, our permit cannot be Issued until the City of Miami has granted zoning approval and a building permit for this project. If you have any further questions regarding this project, please call Kevin Cote'or myself at 375-3312. KC: jj CC: Fred Blltstein Sincerely, �w �tt--- David Ettman, Chief Coastal & Wetlands Section 33 8e-so7 FIELD I SPECTI ON REPORT 5s L �! �l�\...� ��` �_✓.ram r � (r+ r \� \�..t_C� LL "" S2.'-1 hl 1 0 � � i • c. � IL. � . ✓ 1 { TEO BY: � .�+ U L�."t-t/J�� t (,' ' �k� �r;•.�. ATE: I ? ( � r 8"07 7. L'HERMITAGE AT SOUTH BAYSHORE DRIVE ract ; L'HERMITAGE (111-22) Conditional Use as listed in Ordinance 6871, ARTICLE IV, Section 23(2)(b), to permit mooring piles in Biscayne Bay adjacent to the site described above, as per plans on file, extending 35' into the Bay (25' permitted); zoned R-1 (One Family Dwelling). Secretary filed proof of publication of Legal Notice of Hearing and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMJ4ENDATION: APPROVAL 1.4 ACCORO rJITH THE PLANS ON FILM. The proposed 000ring piles will not rave an adverse effect on the surrounding properties and they will enable the adjacent development, L'Hermitage, a 75-unit P.A.U., to have 'Detter access to "le Bay. ;•;s. Susan Groves, Planning Uepartment: sir. Cnairman, :'embers of the Board, the Planning Department is recommending approval of triis Conditional Use application. The applicant is asking to be able to extend the pilings an additional 10' out into Biscayne Bay. Since this property does not have any property iminediately east of it, we see no problem with granting. iX. Adler: My name is Irwin Adler. I'm a principal in the firm developing L'Hermitage and the address is 9200 South Dadeland Boulevard, Miami, Florida. 1 think we can keep it quite simple. When we put in the slips that we were per- mitted for, and the seawall that went along the entire property, there was some rip -rap and some debris that came out from the seawall, anywhere from 5' to 9'. When the contractor who put in the docks, he put in the last piling at 35' instead pf ' dis n e a was taken up from a rip -rap. It's my understanding that for ecologica reasons and environmental reasons, that leaving the rip -rap against the seawall or the debris there, was desirable rather than pulling it out. I didn't realize anything was wrong because the State permit and the C r s of Lngineers permit, ispermitted at 35'. The Cit 's was 25' ri ht? I don't think_it hares anyone. I don't t ink it's a major thing in any way and_ I don't think I have to pro ong .his to as r p nee fission to allow it. :fir. Gort: Thank you. Is there anyone in opposition to this application? Then we'll close the public hearing. :.r. Carner: 'Nay I pose a question? The finger piers that are indicated coming out from the seawall, are any proposed cnanges in their length or are they as originally planned? ::r. Adler: Everything is exactly the same. Ar. Carner: Thank vou. .:s. Basi 1 a: : iove it. :r. Rolle: Second. :?r. Gort: It has been moved and seconded. any discussion on the motion? Call the question. -42- September 3, 1980 Item 7 ZB 3� 88-107 :tr. Perez-Lugones: :'otion Has invade to grant by ;s. 3asila and seconoed �y :'r . Rolle. -:s. Sloria Basila offered the following resolution anc moved its adoption: RESOLUTION ZB-167-80 :'ESGLUT131; TO 3RANT CONDITIONAL USE AS LIST:W' i;i ORDLIANCE 6871, ARTICLE. IV, SECTI01i 23(2)(o), TO PE%i-:IT ;'GORI:,'G PILES I:a BISC; YNE BAY ADJACE.':T TO THE 3ITE DESCRIBED AS TAACT "A"; L'HER;•;ITnGE (111-22) BEING L' HER; iITAGE AT SOUTH BAYSHORE GIVE AS PER PLANS ON FILE • EXTENN.:G 3S FEET INTO THE BAY (25 FEET r= ITTEJ) ; ZO�;EG R-1 (O�;E FIJ :I LY ux.ZLLI;1 l . Upon being seconded Dy ::r. ::ellington Rolle, this resolution was passed and adopted oy the Following vote: AYES: :,es. Saro, 3asi 1 a .1essrs. Carner, Garcia, ..o11 e, Gort MYS: None i'bsent : : ;r. rl fonso ,;r. Perez-Lugones: -43- lotion zo grant carries 6 - 0. Septemoer 3, 1930 Item 7 ZB _,7, ;16".&" Lj At ' r1 ...:.. —.. r i . �� ` s • . •.wad l�ii:�• �..�:�>•f•La•�:.=i'�f� �% •��' � !. yr�e.... .z - - s � ,y rr 7 • .�oWt�T'*71 .i�LI.."i'`/wsaan� .. �' KINGSWHARF, LTD. DE7ARTu.E:iT OF ADY.I:ZSTBATION c/o Sherwin Ross PLANNING AND ZO.Nl'.%G BOARDS 9200 S. Dadeland Blvd. Suite 603 P. 0, BOX 330708 Miami, Fla. Mimi, FZORSm 33133 DATE: September 24, 1980 Your petition for a (x) Conditional Use was granted by ( ) Variance the City of Miami (x ) Zoning Board on September 8, 1980 _+ ( ) City C= ission by Resolution No. 167-80 and reads as follows: ^ESCLLTI0i: TO 3RA;:T CU;:U'IT1J::AL .;SE AS LiSTEC W 0�iDll:r1�:CE uC71, ;,�:T:.rLc I'!, . SECTI0;1 23(2)( ) !; ' ' PILES I:: 81SCAY�.E 6"Y ► NACE;.T % TiiE SITC. uESCIRUEG T:tACT (111-22) 9EI:;G L'FiEMITAGL i.T SOjTli GiWSI'Di E DRIVE'.S PER PLA',.S FILE rXTE::CI::G 38 F7=T ::;TO TH CAY (?S TErT Pc�::ITTED); 7K' EC �-1 (O."r FfJ ILY This Variance or Conditional Use will expire on March 8, 1981 unlass you obtain a B:.'.ding Permit or Certificate of Use based upon and incorporating this Variance or Conditional Use during this period. The expiration time of this action can be extended by the Citj :tanager with the approval of the City Commission for one (1) year. :f you require this extension of time, direct a letter requesting such ex- tension to the City Manager at least thirty (30) days prior to the expiration. cc: Building Dept. 8/8/74 DE?ARTMZENT Or .'%CSL:VIST.RAT10N PLANING AND ZONING 2CAaDS 37 RS -10'2. 0 ZONIi`TG FAC i SHEET LOCATION/LEGAL L' HER.IT'" A GE at South Bayshore Drive Tract "A" L'HERMITAGE (111-22) C;p1E,rt; ;pP;,iCA;jT KINGSWHARF, LTD. c/o Sherwin Ross 9200 S. Dadeland Blvd. Suite 6C3 Miami Fla. Phone ZO"IING R-1 ( One F amil; Dweilina ) . REQUEST Conditional Use to permit moorin_ piles on Biscayne Bay adjacent to the site described above, as per plans on file extending 35' into the Bay (25' permitted). RECOMMENDATIONS PLANNrNG DEPT. APPROVAL IN ACCORD WITH THE PLANS ON FILE. The proposed mooring piles will not have an adverse effect on the surrounding properties and they will enable the adjacent development, L'Hermitage - a 75-unit PAD, to have better access to the Bay PUBLIC WORKS DEPARTMENT No dedication. D.O.T.T. No objection to this item. .39 88- 107. .1 �„• 4t y t1 7r-� J7 3`1' ee-1o7 k■ STATE OF FLORIDA) SS. COUNTY OF DADE ) c Before me, the undersigned authority, this day personally appeared S ttE R UJ I N ?ass , who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 6871 or the Code of the City of Miami, 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 hereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act in their behalf for the change or modification of a classifi- cation or regulation of zoning as set out in the accompanying petition. 3. That the rages attachcd hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. 1��w�sw wrsf t-!rj toy (Name) Sworn to and Subscribed 'before me rivi s Aft(day of ` WO." 19�0 'rotary F-.t)1:c, State of Florida at Large My Commission Expires: rI,MIART N&IC $ t J 'L *LoA A LA - MT CoMMISS J1 RAIRES MAY 1 19e1 11 *JW IMIRU GENERAL INS U6011WRI.10 DtP* �TMEN: �\ AG; i tiIs' ::r�l'a`I:�:� a Op% ri-d-NhV:; at _-_�NiNG WARDS 0. BOX 706, M11AMI, FLORIZA 331j3 - 579-6082 APPLICATION FOR CONDITIONAL USE _MUIREM XTS: 1. All documents, reports, studies, exhibits, or other written or graphic materials. -If any, to be used by the applicant in support of the appli- cation for Conditional Use shall be submitted with .:nd be a part of this application. 2. Certified list of owners of real estate within 375' radius ffi om the outside boundaries of the subject parcel. Gcy 16\-ft Ct �___ ��,,ll Or Q��r �.3 written petition demonstrating that the Conditional Use will be in n harmony with the general intent and purpose of the Comprehensive Zoning Ordinance, will not be injurious to the neighborhood or to adjoining properties, or otherwise detrimental to the public welfare, with reference to the standards not out in ORD. 6871, ART. XXXXI, Section 2 (1) M . (See attached sheet) Current survey of the property. Site plans showing placement of structures on property# provisions for ingress and egress of traffic and pedestrianat6 off-street parking and loading areas: refuse and service areas# required yards and other open spaces# proposed locations for utilities hookups# screening and buffering, with reference to type, dimensions and characters proposed landscaping and provisions for protection of trees: proposed signs and lighting, including type, dimensions, and characters other details as say be set out by the Zoning Ordinance. 9b). ). Fee of 00.00 to apply toward cost of processing except PUN. er Residlopment of Planned Unit Mature .... M./dwallino unit. 1. Affidavit by the owner of the property, or his attorney, that all facts as represented in the application are true and correct. 8. photograph of the property. VIV\5 DATE April 25, 1980 The undersigned, being the owner or representative of the owner, of the property located at W HERMITAGE at South Bayshore Drive AND MORE PARTICULARLY DESCRIBED AS: Lot (s) '--- 4 Block - SUBDIVISION �.Z do(es) respectfully petition and request that I (we) be granted a "CONDITIONAL USE" as listed in ARTICLE IV ,Section 23(2)(b) to permit mooring ` ► e. *34les — S-Isca;ta Bay adjacent to t4fi site described above, as per clans on file extending 35' into the Pav (25' permitted). Zoned R-1(One Familv Dwelling). SIGNED ADDRESS PHONE NO. Y`-•.t r'�A/ ems.•. _ �� Pace I NS-107 3/15/77 Mr. Aurelio Perez Director of Hearing Administrations for Planning b Zoning Boards City of Miami P.O. Box 330708 Miami, Fla. 33133 Re: L'HERMITAGE - 2000 S. Bayshore Drive a Dear Mr. Perez, Due to the ecological conditions imposed by the City of Miami and governing - bodies, we are asking for a conditional use extension of 10 ft. to mooring piles at the L'Hermitage townhouse development. The initial dock was granted with usage not to exceed 25 ft. from the shoreline. Due to the various types of rip -rap and natural materials which extend from the shoreline, our boat slips would become unmanageable for boats of the size which would be common for this type of owner. The extension would onto he for 28 mooring piles and there would be no extensions of -any permanent walkways in the dock areas. - We feel that this will in no way•hinder the appearance of the shoreline contiguous to this project. There are mooring piles to the south of this project to indicate channel areas which extend up to k mile into the bay. Any assistance you.cga give -us in this matter would be greatly appreciated. pow Very•: t yriics KING .. •.� by HELCI. .'CORP., General Partner Sherwin Ross SR/jc c.c. Mr. Richard Whipple SALES OFFICE 2699 SOUTH OAYSHORE DMVSUITE 700E/COCONUT GROVE, FLORIDA 33133/(305) 446.3131 0 R8-107