HomeMy WebLinkAboutM-87-10724/14/87
J-87-357
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 20
ENTITLED "GENERAL AND SUPPLEMENTARY
REGULATIONS", SECTION 2020 ENTITLED "PARKING
AND/OR STORAGE OF CERTAIN VEHICLES PROHIBITED
OR LIMITED IN SPECIFIC DISTRICTS; LIMITATIONS
ON OCCUPANCY", SUBSECTION 2020.2.1 ENTITLED
"MAJOR RECREATIONAL EQUIPMENT DEFINED",
SUBSECTION 2020.2.2 ENTITLED "PARKING OR
STORAGE OF MAJOR RECREATIONAL EQUIPMENT AS
ACCESSORY USE IN RESIDENTIAL DISTRICTS" TO
PERMIT BOATS AND BOAT TRAILERS IN FRONT YARDS
N THE RS AND RG-1 DISTRICTS, SUBJECT TO
MITATIONS; CONTAINING A REPEALER PROVISION
A A SEVERABILITY CLAUSE.
WHEREAS, a its meeting of March 18, 1987, Item No. 4,
following an adv tised hearing, the Miami Planning Advisory
Board's motion to ecommend denial failed by a 4 to 5 vote;
motion to recommend aroval failed by a 4 to 5 vote; and motion
to recommend an amendeld petition failed by a 2 to 7 vote;
therefore constituting a technical DENIAL to amending Ordinance
No. 9500, as amended, as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable '*nd in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 9500 as hereinafter se� forth;
NOW, THEREFORE, BE IT ORDAINED BY HE COMMISSION OF THE CITY
OF MIAMI„ FLORIDA:
Section 1. Ordinance 9500, the Zoing Ordinance of the
City of Miami, Florida, is herein amende in the following
respects:l
"ARTICLE 20 GENERAL AND SUPPLEMENTARY REGU IONS
SECTION 2020. PARKING AND/OR STORAGE OF CER IN VEHICLES
PROHIBITED OR LIMITED IN SPECIFIED DISTRICTS; LIM ATIONS ON
1 Words and/or figures stricken through shall be del ted.
Underscored words and/or figures shall be added. The remai ing
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
IL,-h� , � 87-10902
f
t,—
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rIN
OCCUPANCY.
2020.2. Major recreational equipment; parking,
storage and occupancy; limitations and
exceptions.
2020.2.1. Major recreational equipment defined. For
purposes of these regulations, major
recreational equipment is defined as boats
and boat trailers and other major
recreational equipment including travel
trailers, pickup campers, converted trucks or
buses, motorized homes, tent campers, tents,
or other short term housing or shelter
arrangements and devices, haabg and ha
tfallef9r combinations thereof, and other
similar equipment, and trailers, cases, and
boxes for transporting recreational
equipment, whether occupied by such equipment
or not.
2020.2.2. Parking or storage of major recreational
equipment as accessory use in residential
districts.
Parking or storage of major recreational
equipment shall be permitted as an accessory
use in residential districts only in
accordance with the following limitations:
(a) Seeh equipment shallhe —parked er stew-esl behind
the—nearaeb pevbien e€ any Wilding to the-stvee-br
previded thatParking shall be permitted anywhere
on the premises or on adjacent streets or alleys
(if otherwise lawful) for not to exceed twelve
(12) hours during loading and unloading;
(b) Boats and boat trailers may be parked or stored in
f ront of a principal structure in the RS and RG-1
districts only, provided that there is. a twenty
iw
87--1Q
-2-
G:
(20) foot deep by fifty (50) foot wide minimum
area available with five (5) feet clear of
obstructions on either side within the fifty (50)
foot wide area; a boat or trailer shall not
overhang the base building line; obstruct the main =
entrance or required vision clearances; nor use
more than 20' of the frontage of the principal
structure; limited to one (1) boat and trailer per
lot with maximum dimensions of twenty-four (24)
feet long by eight (8) feet wide; and all
removable masts are down, subject to Class A
special permit. All boats must be registered with
the appropriate authority and may not be under a
process of repair and/or refurbishing while parked
or stored in the area described above. Boats and
boat trailers may be parked or stored as described
above, from the time that this ordinance becomes
effective until (date certain, 12 months from
effective date of this Ordinance) 1988, at which
date and upon the decision of the City Commission,
all property owners shall remove said boats and or
boat trailers, without having been granted vested
rights; other major recreational equipment is
excluded from this provision;
(c) In all other residential districts, except the RS
and RG-1 districts, major recreational equipment
shall be parked or stored behind the nearest
portion of any building to the street;
443+ Major recreational equipment may be parked or
stored 4-in any required side yard not adjacent to
a street but not seeh eautemeM-a mav--he GAV -P-a
abered if it exceeds a height of skm (6) ten (10)
feet above the ground; provided, however, that
masts, antennas, vent stacks, windshields, or
other minor accessories may exceed this height
-3-
1 imit;
8 7-JL072
(e) -(-f-4 Equipment exceeding the limitations set forth
in +b+ ( d) , above, may be parked outdoors only in
portions of side yards within the buildable area
of the lot, or in rear yards;
(f) 44+ Unless such equipment is in usable condition
and carries all required licenses and inspection
stickers, such equipment shall not be parked or
stored other than in completely enclosed
buildings.
These provisions shall not be construed as
prohibiting the docking of boats, or storage in
boathouses, in legally authorized locations in
residential districts."
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this day
of , 198_.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 198_.
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
_ CHRISTOPKER G. KORGE
ASSISTANT CITY ATTORNEY
CGK/rd/M154
XAVIER L. SUAREZ
MAYOR
APPROS TO FORM AND
CORR TN SS:
aw..�n rs• wvv
CITY ATTORNEY
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PLANNING FACT SHEET
PZ�
APPLICANT City of Miami Planning Department:
February 13, 1987
AMENDMENT "Q-2"
PETITION 4. Consideration of amendments to Ordinance 9500,
as amended, the Zoning Ordinance of the City of
Miami by amending the text of ARTICLE 20.-
GENERAL AND SUPPLEMENTARY REGULATIONS, Section
2020 Parking and/or storage of certain vehicles
prohibited or limited to specified districts;
limitations on occupancy, Subsections 2020.2.1
Ll Major recreational equipment defined and
# 2020.2.2 Parking or storage of major
► recreational equipment as accessory use in
residential districts, by permitting boats and
=� boat trailers in front yards in the RS and RG-1
districts, subject to limitations and
renumbering paragraphs.
REQUEST To permit boats and boat trailers in front yards
of homes in the RS and RG-1 districts.
BACKGROUND The equivalent of proposed Amendment "Q-2" was
considered by the Planning Advisory Board on
- November 20, 1985, and was recommended for
denial. The amendment passed ist reading
January 23, 1986. After several continuances
before the City Commission, the item died
because the time limits had expired. This is
being brought back by the Planning Department
j because of interest expressed by tht members of -
the City Commission (previous City Commission
minutes attached).
ANALYSIS These proposed amendments would:
1. By Class A special permit, allow
boats and
boat trailers in front of homes fn—ERrW
-�
a
_restricz1offs an space ava ate
(40' x 201),
boat and trailer numbers (1)
and maximum
sizes (24' x 8'). The boat
„
and trailer
could not overhang the base building line;
- obstruct the main entrance
or vision
clearances, or use more than
20' of the^
- s frontage of the building.
PAS 3/18/87
Item #4
A7-ion
Page 1
.
05
0
2. Prohibit the repair of boats in front yards;
boats must be registered, as appropriate.
3. Provide that this amendment shall not grant
vested rights to property owners with boats
in the front yard; after one year the City
Commission would have the option of
requiring that all boats in front yards be
removed.
RECOMMENDATIONS
PLANNING DEPT. Approval
PLANNING ADVISORY BOARD Continued from Planning Advisory Board
meeting March 4, 1987.
At its meeting of March 18, 1987, the Planning
Advisory Board motion to recommend denial
failed by a 4 to 5 vote; motion to recommend
approval failed by a 4 to 5 vote; and motion
to recommend an amended petition failed by a
2 to 7 vote, therefore constituting a technical
recommendation of denial of this request.
CITY COMMISSION At its meeting of April 30, 1987, the City
Commission continued the above to its. meeting
of May 289 1987.
At its meeting of May 28, 1987, the City
Commission continued the above to its meeting
of June 25, 1987.
j At its meting of June 25, 19879 the City
} Commission continued the above to its meeting of
3 July 23, 1987.
At its meeting of July 23, 19871, the City
Commission continued the above to its meeting of
September 22, 1987.
At its meeting of September 22, 19879 the
City Commission continued the above to its
meeting of October 22, 1987.
t
At its meeting of October 221, 1987, the City
— j Commission continued the above to its 10e0189
of November 129 1987.
. PAB 3/18/87
item 04
r
Page 2
9 R
87.1U"�"
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,.tea
ATTACHMENTS
CITY COMMISSION MINUTES
December
19,
1985
January
23,
1986
March
27,
1986
April
22,
1986
0)
AYES: Commissioner Joe Carollob
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor :tiller J. Dawkins
Mayor Xavier L. Suarez
*NOTE: Although absent on roll.call, Commissioner Carollo later -
asked of the Clerk to be shown as voting with the motion.
:JOSS: None.
ABSENT: - None.
67. CONTINUATION OF PROPOSED FIRST READING ORDINANCE (AMENDMENT Q) TE.XT
AMENDMENTS TO ARTICLE 15, SPI SPECIAL PUBLIC INTEREST DISTRICTS IN ORD.
9500.
.Mayor Suarez: Agenda item 11.
Mr. Plummer: I move to deny.
Mr. Rodriguez: :May I say something?
Mr. Plummer: No!
Mayor Suarez: Mr. Rodriguez, please ...
.Mr. Dawkins: Second.
Mrs. Kennedy: Don't be intimidated, Sergio.
Mayor Suarez: ... I know we are all tired, but we do want to ...
Mr. Rodrigues: This ices covers many definitions ttwc we nave to do to
correct the ordinance and Caere is one ices watch is controversial - wnica
gnat might taw reason why you are upset.
Mr. Plummer: Mr. Mayor, let me go on record. I know cast I nave- some
disagreesencs with some of my colleagues, buc I will state my opinion. I am
opposed to cats asendseot as is scandi because of che- provisions' taut allow
the parking of boats in single family residences, in the franc yard. I don't
chink that a boat is a necessity. I think where we. allow cars co be parked in.
front yards, it was a necessity bscsuse people have to nave a car for cneir
livelihood. There are no provisions in this ordinance, 'for example, twat says
that if your front yard is five feet, that you can't provide five feet of boat
in your front yard. There is nochetag that says if your boat is rotten and is
is an -eyesore, chat you have to remove it. I just personally real tnac
aesthetically it is not a pleasant Ching to me co have boats in cae froac
yard. Now, you know, and I as a boater myself and I love to have your boats
sad there are people woo can't afford possibly, to have it somewhere also, buc
I just think chat a boat is a luxury and as such, if you can afford the luxury
of the cost of the boat, that you can afford to have someplace co park it
other than in the front yard of your house, so ...
Mr. Carollo: J. L., I can understand it, .but when you ace talking about a
community like Miami and it is all water oriented, and you ace talking a
Little fifteen and one-half, aisteen foot boat today that is used and only
costs you $2,0009 $3,0009 if that - you know, we have to start being
reasonable.
Mr. Plummer: Well, Jot, I guess my problem is, that is ordi::aawe does not
provide for cue fourteen or fifco6a footers.
Ms. Carollo: Why don't vs defer cae ocdinwau:e and Caen bring it back?
Mr. Plummer: I will agree to Chat.
-�":� qw ICI. RrP M111Mr• 1Q �q.1S
Mayor Suarez: Sounds like a great idea cc me. I'd like co study it furtner
myself.
Mrs. Kennedy: I need more study also on this.
Mr. Plummer: Love got no problems either.
Mr. Rodriguez: The whole ordinance, or the section of the ordinance?
Mr. Plummer: The whole ordinance. -
Mayor Suarez: The rest of the ordinance is clean up items, or ...?
Mr. Rodriguez: Should be fairly scraignc-forward, no problems.
Mr. Plummer: To be cleaned up in January.
Mayor Suarez: Why is there so much hesicacion? Do we nave any reason why we
need cc have this before January?
Mr. Rodriguez: No, just to keep is moving.
Mr. Plummer; Because I didn't really So into ches rest of the ordinance. I
got to chat one and I quit reading. I would move that icem 11 be deferred
uncil the January meeting.
Mr. Carollo: Second.
Mr. Pierce: January 23, continue it.
Mr. Plumser: Continued to a date certain.
Mayor Suarez: Any discussion? Call the roll. _
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1253
A MOTION CONTINUING TO THE JANUARY MEETING
' CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
(Amendment Q) CONTAINING VARIOUS TEXT AMENDMENTS TO
ORDINANCE 9500 AS WELL AS VARIOUS DEFINITIONS.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following voce-
AYES: Cossissioneer Jae Carollo
Commissioner J. L. Plummer, Jr.
Consissioneer Rosario Kennedy
Vice -Mayor :filler J. Dawkins
Mayor Xavier L. Suarez
i
} NOES: None.
i ABSENT: None.
I
Of ROLL CALL:
Mayor Suarez: You will be happy co hear, Sergies, that I am going to vote
yes on this and that will violate my long standing policy of not wanting any
briefings from Planning and Zoning, and ask for a briefing on this one.
i Mr. Rodrigues: Clad to see chat you nave come to the lighc!
' NOM FM TZ2 UW=: Mayor Suarez recognised State Representative Luis :torso
in the sudlencee
;-
45. FIRST READINC ORDINANCE: AMEND ARTICLE 20, GENERAL AND SUPPLESNTARY
REGULATIONS; PARKING OF RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS.
Mayor Suarez: Item 12-B.
Mr. Rodrigues: Item 12-8 deals with allowing boats and boat trailers in front
of homes in the RS and RG-1 districts only. The Planning Departmisnt recom-
mended approval of this. The Planning Advisory Board recommended against it.
Basically, this is subject to the folloving restrictions: - that we have a
space available in franc of the property, that will be at least SO by 20, for
the boat.; and that there will be only one boat or trailer in front of the
property, maximum; and that the maximum size of that boat, with a trailer and
motor will be 24 by 8; and that they couldn't be parked parallel to the front
of the house, and that all masts have to be down.
Mayor Suarez: Where do we now allow boat trailers in front of properties, if
I say ask?
Mr. Plummer: We don't.
Mr. Rodrigues: No, we don't allow that.
Mayor Suares: We don't at all? Why are we moving to allow in this particu-
lar...?
Mr. Rodrigues: The Commission instructed se to bring an ameadment on this
issue, about three or four soothe ago. In looking at the situation chat we
have in Miami, w find that we have about... and these are figures which we
Sots 418000 boats, which UC registered -La Dade County, of Which five percent
at* commercial, and we at* assuming that 25 percent of the remainder, about
10900.0 boats, are somewhere in the City of Miami. Maybe the figure is coo
high, but this is the. best that we could get. We feel that the capacity that
we tave in the marina, in the City is limited, and we feel at this point, even
when we realise that there is a visual impact in having &•boat in front of the
house, boats have not become a luxury, as they used to be before, and it is
soothing which is sate affordable is a City like Miami which is water orient-
ed. -
Mr. Carollo: Well, what we are doing here, Xavier,. is that, you know, this is
a water oriented community, and what we arm trying to do is, the little guy
that can't afford the nariaas. to store the boat, the guy that has a little
boat that is 159 16 feet long, 14 feet, you know, helping his so that he can
enjoy the water and at the saw time, store his boat.
Mayor Suarez: What are the limitations to sake sure that it is a little guy
with a little boat? What are we talking about here?
Mr. Rodrigues: The limitations that we have is 24 foot in length.
Mr. tierm Over all length.
Mr. Rodrigues: Over all length. That will include the trailer and'ebe motor.
We are asawisg about two foot overlapping.of the motor, and about two feet of
the trailer, in the front of the trailer, so you have &boat a 20 foot boat
allowd, on this it".
Mrs. Kesnadys Now many boats do we have to the City of Miami? Estisaste.
Per. tlummer: 1790O04631 (LUCHIER)
Mrs. Ksnsedys now many marinas?
Mr. Rodrigues: The laformation that I was able to get only was that the
capacity of the City marts" is 450 slips. I don't have Intonations on
others. That is what got, and that is what I said, this is the beat I could
Est.
ti
00)
Ms. Plumper: Sergio, excuse ms. The marinas have no bearing on this item.
Trio boats that are going to be stored here are on trailers, so it is not a wet
slip as commonly referred to in a marina.
Mr. Pierce: Right, a dry slip.
Mr. Plummer: It is a dry siip, which there are literally thousands of thdm
available.
Mr. Carollo: No, no, J. L.
Mr. Rodrigues: I think I have information on that, sir.
Mr. Carollo: There 'are not thousands available. I mean, there is a lot more,
and you are correct, in the wet slips, but there are not that many available,
and if you go and. look at the cost - you know, can you imagine, have is a guy
that has spent $29000, $3,000 on a 15 or 16 foot boat, and then he is going to
be paying $60 a month or more to store it? It is crasy!
Mr. Plummer: Joe, let as understand with you. I have no probles of parking
his boat in tha back yard. Ok? I've got no. problem with that at all, but in
the front yard, from an aesthetic standpoint, I think it is wrong.
Mr. Carollo: The only question is, in the City of Miami, where your average
lot to only SO feet v%dd. hardly any house is able to store a boat in the back
yard. You know, you just can't gat it through. I mean, you and I wouldn't
have any problea, but...
Mr. Plummer: Yes., because neither one of us owns a boat:
Mr. Dawkins: You all live on expensive land.
Mr. Hugh.Patrick: I as Hugh Patrick, -chairman of the City -of Miami Waterfronc
Board. There is an ordinance that limits any trailerable boat to 8 feet wide,
and if I as not mistaken, you have to have a setback on each side of the house .
at least 8 feet wide.
Mr..Carollo: No, no. Those were different daces. It has all been changed
now, as far as...
Mr. Patrick: We are now going to ssro lot lines, Ok. I just wanted to
Introduce that thought to you.
Mr. Carolln: But, we do have other ingredients that we placed in this ordi-
nance, that it could only be so such in height, so such in width,.and so on.
Why don't you read all of the lines.
Mr. Bodcigues: And I may so also that the boat cannot be parked on the site
setback, which is five feet, so you have five feet from the property line,
where you cannot: put the boat anyhow, on each side of the property. In
addition to that, you have to have an area is the front of the property that
will be at least. SO by 20, to be able to place it, and the number of trailers
and boats will be a maximum of one per lot.
Mr. Carollo tight.
Mt. Rodrigues: They could not be parked paesllal to the front of the house.
They have to be perpaadicular to the house. so• that it will not block the
whole view of the house, and in additioa to that% the nest of the boat has to
be down.
Mr. Patrick: I think there is plenty of adequate dry, storage space in the
City and the county, if the people ware looking for it.
Mr. Carollo: flow such do they run about, a month?
Mr. Patricks It varies - from the COMM it is C-bGaper than anyplace Glass
and there are still waiting lists in some of them, and in some of them there
are not. -
Mr. Carollo: In the City? City owned... 7
E371072
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_.. ww 1 009
00)
Mr. Patrick: The City does not have any dry storage spot&.
Mr. Carollo: Yes, we do.
Mr. Patrick: The City has, no.
Mr. Carollo: We are leasing them.
Mr. Patrick: Well, they are leased, and therefore they are private enterprise
and their cost is considerably higher than the county's.
Mr. Carollo: What they are going for today at minimum is $60.00.
Mr.'Patrick: Yes.
Mr. Carollo: Minimum. It is probably higher than that.
Mr. Patrick: Yes,
Mr. Carollo s Can you imagine your average guy that is going to buy your
little boatq it will be 15, 16 feet long, that. at most is going to cost then
maybe, I don't.know, if he buys it used, $2,000, $3,000. If he buys one bra"
new, it is $75,00. -
r
Mr. Patrick: ;"&*..:.
Mr. Carollo: And he is going to be paying over $700 a year, just to store it.
it is absurd!
Mr. Patrick: That gets down to a point, the rates of dockage in the county
and the City are a little high also.
Mr. Carollo: What we 'are doing is legalising what most .people that own a
small boat are doing. You go through any block in the City, it is going to be
rare if you don't pass by at least,,in every block, one house that has a small
boat parked in the front. You know, so they are going it already. All we are
going to do is legalise what is being done already, and is not being enforced,
because it is really unenforceable.
Mayor Suares: t,et me ask Sergio a question. What is the situation in the
count!? I sego, I see a lot of boats parked, and trailare, all over tna
county. Are -these...
Mr. Pierce: I as the resident county toning expert.
Mayor Suarez: Walter, right.
Mr. Pierce: The county has the sass regulations as the City - no boats or
trailera are permitted in the front yard. The County situation is a little
bit better, because the minimum lot width is 75 feet vs. SO feet in thi City,
and a sinimam 7 and one-half foot side yard area and in many instances, those
are maybe 10 feet, so they have a little better situation is the county chan.
we do.
Mayor Saar*$: Oh, you sean they put them nest to the house, is vhpt you mean.
Mr. Plusm+er: Ublad.
Mr. Piarcat Yes, and they don't have that additional five toot setback that
we have here in the City, that Sergio was just referring to.
Mayor Snares: What happens if we pass this, just as a hypothetical, and
decided that it created an unsightly city and wanted to repeal it. Does tnat
meas that someone is going to have all kinds of vested rights that we are not
going to be able to prohibit later? Are they going to Clain to be
grandfathared in because they have got a Moving vehicle, is'affect, in their
laws?
Mr. Plummer: Or they went out and bought the boat prsdicited on the ordi-
nance, and now you won't let them keep it. They have got to sell it, Nod thsy
want you to pay the difference. Q'
o
Mrs. Dougherty: Well, we haven't passed the ordinance yet.
Mayor Suarez: Give me one of -your lightning, top of the head legal opinions?
Mr. Pierce: If we passed it, and then we repealed it later ... (INALMIBLE)
Mr. Rodriguez: 1 can't answer your question legally, but we have at this
point, a lot of complaints, mad the enforcement of the present laws are based
only on the complaints of the different neighbors, ao it is not enforced
equally throughout the City.
Mayor Suarez: I understand it is not enforced particularly well.
Mr. Pierce: Not only that, but it is practically unenforceable.
Mr. Pluwer: Let me ask another question. What sayeth the City law now, in
reference to R.Y. vehicles and trailers?
Mr. Rodriguez: It is the same thing.
Mr. Plu®er: They are prohibited now?
Mr. Pierce: Same as boats are.
Mr. Plu®er: And R.V.'s are such bigger, and much more...
Mrs. Dougherty: In answer,. to your question, they would have a grandfathered
if they existed at the tima, and the use existed at the time the ordinance was
passed, and then we changed it, they would be grandfathered.
Mayor Suarez: Thera is so way to prevent that?
His. Dougherty: We could require...
Mr. Plummer: Don't do it!
Mayor Suarez: Yes, other than not doing it!
Mr. Rodrigues: In the case of major recreational equipmento, if they exceed in
height 6 feet, they would not be allowed to be put in the front of the proper—
ty.
Mr. Plummer: All R.V.'s are above 6 foot.
Mr. Rodrigues: No, you have the popups, which are lover.
Mr. Plummer: That is a trailer.
Mr. Rodrigues: I call it an R.V., because I have one.
Mrs. Kennedy: Then if we pass this the next thing that, they will be coming is
for the trailers, also.
• Mr. Plusmiar: Then you are going to have people living in then, and then we
are going to be back into Belle Meade, and more birds are going to fly into
the wires and...
Mr. Rodrigws: The height is 6 feet, and you only have, to have a very short,
people living in them*
Mr. Plumper: Hey, guys. remember the houseboat* at Littie River canal? We
just bought that this morning. You guys want to kill all those Baptist birds,
go ahead, I don't caret (LAUGRM)
Mayor Suarez: Input here from the public? Yes air, state your name and
address. Make it brief.
Mr. David Strong: My new to David Strong, I live at 2321 Trapp Aveoue, and I
an a case in point of what is being di*cussed bare, because at that address, I
have a boat which is not on my property, but on the public right of way, sad
my yard is such that I could not store my boat in my Arivsway, because tuat
would eliminate the access to my garage. "I couldn't put it is my back yard,
9
cc 87-107 ►anuary 23. 056
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it is impossible to get it there, and I could not put it parallti to my from
yard, because, there is all moaner of oak trees and other shrubbery that iS
growing there, and I concur with Mr. Carollo, that this is a more or less of a
marine town. People are associated very much with the water, and I think that
the Commission should take into consideration that people do nave boats, and
will continue to have boats, and I think instead of putting limitations on
these things I think you should try to encourage it. Thank you very much.
Mayor Suarez: Commissioners, we have got a motion. Did you make a motion?
Mr. Carollo: Yes, I did.
Mayor Suarez: Has it been seconded?
Mrs. Kennedy: What was your motion?
Mr. Walla: My motion was to approve the ordinance at first reading.
Mayor Suarez: On first reading? It'is 12-8.
Mr. Plummer: Call the roll.
-Mayor Suarez: No, we don't have a second yet. We have been discussing it
without a second. I guess we have been asking questions more than anything
also. Since it is a first reading, I will tall you how I feel about it. i am
ready to vote in favor of it, pending a legal opinion from the City Attorney,
that we could build into this thing, if we have to, by having another first
reading the second time around, a proviso that if the City decided that this,
since it created a great problem, no one would be grandfathered in. These are
moving vehicles. They are not part of. the real estate, and I would hope that
somehow we could gat a legal opinion to that effect.
Mrs. Dougherty: We will actually write it into the ordinance.
Mr. Dawkins: Has it been seconded?
Mayor Suarez:, No, it has not been seconded. I don't know why we have been
discussing it, but...
Mr. Dawkins: Ms altherl I don't either.
Mayor Suar4s: We have got a motion. No second?
Mr. Dawkins: I an going to second it, because, here again, this. points out
the same thing I have said about the.Claughton Island group. See, big devel-
opera come in, gat anything they want, and the little, small homeowner catches
bell trying to gat relief,. and we are talking about, like Joe said, people who
bought a little boat just for recreation and so other money for nothing alas,
but to gat In the boat and go out and fish and have a little recreation. They
have got no place to put it, so I will be voting with the motion.
Mayor Suaras: It has been moved and seconded. Once again, I have stated my
position, that I would not vote on it in favor of the second reading, unless I
was assured that there would be no grandfathariag. Please call the roll.
Read the ordinance.
..,
AN ORDINANCE ENTITLED-
AN ORDINANCE ANWING ORDINANCE N0. "00, AS AlD M&D.
THE ZONING ORDINANCL OF THE CITY OF Zap FLORIDA BY
AMENDUM SECTION 2020 AT PROVIDING A DEFINITION FOR
MAJOR RECREATIONAL EQUIPMENT AND ALLOY CONDITIONAL
PARKING OF BOATS AND BUT TRAILERS IN THE FRONT OF
HOUSES IN THE RS AND. RG-1 DISTRICTS, CONTAINING A
REPEALER PROVISIONS AND SZVER431LITY CLAUSE.
Was introduced by Cosasissioner Carollo and seconded by Comissioner
Dawkins and was passed on its first reading by title by the following vote-
e7-io7x /a
156
January 23, 1906
00)
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennidy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ASSENT: None.
The City Attorney read the ordinance into the public record and aa-
nounced that copies were available to the members of' the City Commission and
to the public.
..............................................................................�
46. COMPREHENSIVE PLAN AMENDMENTS FOR S.W. 27TR AVENUE
Mayor Suarez: Item 13 - 27th Avenue.
Mr. Guillermo Olmsdillo: This request is to transmit the propq%d amendment
to the Miami Comprehensive Neighborhood Plan, as recommended in the 27th
Avenue study. This study was undertaken in response to request by -the
Commission in order co araaaize the growth and developme s of 27th Avenue.
The Department undertook two informal neighborhood meetings, which helped us
shaping the study itself and the recommendations and t" Planning Advisory
Board meeting, in which it vas voted positively, in a dim to zero vote. The
basic study, area as you see is along 27th Avenue, smAh of Dixie Highway and
Tigartail, and east and vest of this area. It is of,different uses along 27th
Avenue and different zoning classifications, as reu can see in the analysis
that you have in your package. The front...
Mayor Suarez: Excuse to for intasrupting. Slcr, what• item are you recording
for? Just generally? The Commission does not usually function with a court
reporter full time. I mean, if you are donating your services to the City of
Miami...? I have a feeling - I don't wa)9t to tell you what to do, you run
you= own business, but I have a feeling that. when you send that transcript
that you are about to produce to whoever it is, they are not going to want to
pay for It, and you may have wasted your time. You are welcome to stay and
record whatever you want. Co abeads."llsrmo, I as sorry.
Mr. Olsedillo: -The analysis.showfd us that the residential area to the east
of 27th Avenue is a very stable fesidential area with up to 75 percent owner
occupancy. the western side of27th Avenue is only about 40 percent and it is
less well maintained. There7re sons multifamily and retail offices along
17th Avenue, due to the diff out zoning that we have, and we found a tendency
to redevelop on the west no ghborhood area. The existing zoning districts are
various. We have an SPI- 1 close to the Metro station and we have Ca-2/7 and
SPI-3 overlay, which to oath of Dixie Highway on the northeastern section of
the area in study undo analysis. then we have 20-2.1/5 district. It Is. a
residential and offi district, the rest of the way. We have slam SPI-1
district and an RG- /3 district. The 27th Avenue is classified as a minor
arterial facility./ The Metro -Dade Transportation...
mayor Swres: ssified as a what? . .
Mr. Olsedill A minor arterial facility, at this point.
Mayor Suar wi Vbat does that mean? A sitar arterial facility?
We 01s ilo: Right; it has two lanes, only.
Mayor/suares: Well, that is a complicated way of saying that.
Mr. 0101" lo: Right. The Metro -Dade Transportation Improvement Program,
1 is improvement of this roadway to four lanes. plus turning lanes to 1990 to
9r ?his is a seventy foot right of way, which they are recommending. As
currently soned, the sanitary sewer capacities are adequate. Any improvements
Introduced to the area should be required that the cost be born by the devel-
opers themselves. The recommendations that the Planning Department has made
Is that, the comprehensive plan be ananded, to include a high density residen-
157 W -10 2 January 23. 1906
THe City Attorney read the ordinance into the public record and an-
nounced that copies vers evadable to the 'sembers of the City Commission and
to the public.
ON ROLL CALL:
Mr. hummer: I'm voting •no•. I felt that a continuance sight have boon able
to reduce it, but... I like the project. but I just can't to vith the height.
I have to vote 'no'. She itsm posses three to one on first reading.
Mr. Tesurig: Thank you very euah.
18. DISCUSSION REGARDING MOMS= SECOND READING ORDINANCIC ON 'ANINDNEXT Q•
(PARKMO Of BOATS AND TRAZURS III FRONT OF RIDIDUTIAL SONKS.) NO ACTION
TAM BY ?St CMISSION.
Mayor Stores: ?lan7ing and Zoning Item 03,
Mr. Sergio Rodrigues: for the record, my name is Sergio Rodrigusz, It -on 13
As a second reading on 'Amendment Q-2'. 'Amendment 0-2' relates specifically
to the boats on the front yard that ve have discussed before. This its vex
continued the last tim vhen ve had this item before- rm. It vas reco:smended _
for approval by the Planning Department sod vas recommended for denial by the
Morning Advisory Board. If you vent to, I can go into the details again of
vhat ve are recommending. I believs ve vent e:;tensively last Use in this
isaw. Basically, whet ve are trying to do with this amendment bee" on a
request from the City Commission that instructed us to contemplate the amend-
ment, is to allow boats and boat trailers in front of hoses in the RS and.RG-1 -_
districts only, subject to restrictions of the space available of fifty feet
by twenty feet and that the number of trailers be limited to one and the
asximum size of the boat be twenty-four by eight, and also, that this cannot
be parked parallel to the front of the house and that all ruts will have to
be down. It you have my questions I'm ready to ansver.
(BACMOL= CONlhE M NOT PLACID INTO TU MUC RECORD).
Mr. awkInes I have got some questions. NuSbsr one, vhat will be 'pirallsl'?
Mr. Rodrigues: Lot me show an example that I have hers.
Mr. Dawkins: Sess, because we got into this parallel argument with the sign
boards. OK? $o, I need to knew chat 'parallel' means.
Mr. PAdsiguesI If you vile toot at the illustration that you have on this
saran, whmt we are saying is it should be perpendicular to the louse.
M!. De tinm f ago 300000
NCO Rodrigues: Ye are not toying to allov it to be parallel to the house that
wilt bloak the whole fso"o of the bouss.
Mr. Dswhins: So, it it's six degrees* an angle like the sign boards, than
it's net parallel. Nod, how are we going to enforce that?
Mr. Vadriguess I think it will be very clear. If it is perpendicular to the
building it to not persllsl.
Mr. Dswkcins: It's to vioistion, than what are we going to dot
Mr. PA*riguess you deny it. I Seem, the Building and Zwd g Department when
they review it if it' a rowill deny In aomformame with the law. they wdeny it.
Mr. Dawkins: Nov but I•s saying if I have a boat' and I deoide that I don't
vast it Perked peralisl sad I volt to put it on sn sng140 thirty dagres anggte.
that's not Parallel. .
Mr. Rodrigues: Right. /
ld 87'"" 107od
61 "&WM% 01 .nes
00)
Mr. Davkina: so, now what?
Mr. Rodrigues: Chief. Ars you going to talk?
Mr. Walter fiercas Kr. vice -Mayor?
Mr. Dawkins: Yes, sir?
Mr: Pierces Zoning people are not god to be out there with a compass. If
we age a boat...
Mr. nummar s They vets on the billboards[
Mr. Rodrigues: After complaints.
Mr. Piumser s zxcuss me?
Mr. fierce: After complaints.
Mr. Rodrigues: After there were some cosiplaints.
Mr. Dawkins s Wells if the neighbors complain you better go out with another
compass.
Mr. Pierces Right. but...
Mr. !Summer: See. I think this is just as ridiculous, really.
Mr. Pierces Mo, if the beat is :ors or less parpendicular, then there is no
problem. Thirty degrees is one third of the required angle.
Mr. Plummer: That's what I heard bens lancock say.
Mr. Dawkins: OR. Nov, when we ,passed this I think we Plead this dealing
with boats. Nod, how did we gat in harm under *Do on page three "Major
voerestiewa equipmasst maybe parked or stored in any required yard not adja-
cent to a street. IF it exceeds a height of six last above the ground,
provided, however9 that masts, antennas, dent stacks, windshields or other
minor aeceasories may not exceed this height.o Then it goes on to tell as
that it deals with winnabegoss school buses, reconverted school buses, and -
eta. Nows how did v* get into this?
Mr. Rodrigusss All of that was in the previous amendment, in the previous
ordinance, that is already in affect. What we are doing with this is that ve
ere allowing now to have boats and also, boat trailers, and that's why we are
defining it that way.
Mr. Dawkins OR. but... Valle all right...vatl, why do you aeration then* the
eonvmrted truatks.or buses* motorised homes, tart carpust tents or other short
term housing can be done?
Mr. Rodrigues As I mentionede that's' already permitted In the existing
ordinances Thistle already there in the ordinance. We we not amending that
section of the ordinance. I's already alloyed.
Mr. Tierces It's sirsedy there.
Mr. Dawkins: You mean to
say if the guy
who lives next to so
who has got a
winmebego9 who is parkins
it in the back
yard, be has -a right
to park it in
the front yard?
Mr. Radrigwss Yes. sir.
The undertining
that you see here is a now lw4usge
in the ordinance that is
in front of you. The striking ovt is the language
that has beem eliminated.
tworytlsift also
is the ordinance u it
is now.
Ms. !Summers The vinnebago maybe is not too bed. It's those ones that they
b"Id their own and home grown and look like a moat and a fort. Let as salt
you...
87-1072
OON
Mr. Rodrigues: It says though that it eamrot'excsed six East above ground. if
you look at the language, so, you are limiting that. -
Mr. Plummer: That's called a pop-up trailer.
Mr. Rodrigues: In reality, what is happening news and you know this already,
there have boon a lot of complaints that we are enforcing selectively now the
ordinances because we don't have a clear ordinance that establishes what we
can do or not do. News at least ve will have something that we can follow.
end...
Mr. Plumier: You are telling so that according to this ordinance, they can
park a trailer by itself in the front yard.
Mr. Rodrigues: Perpendicular.
Mr. Plummer: But vithout the boat on it?
Nr. Rodrigues: Let so read it again to make sure that I's not getting in
there.
Mr. Plusmar: You wrote it. Let me just state on the record...
Mr. Rodrigues: Yes. they could.
Mr. Plummer: OK. Let lie state on the record my feeling. I think that.
aesthetically. this ordinance is devastating. I think it has lack of control.
I don't think it is clear in delineating the periseters. I would think
differently it a man had to use his boat to slake a livings but to me in
ninety -nano percent of the cases a boat is a luxury and if you afford a
lusurys then you have to afford the accessory uses that go with it. I have no
problem with boats being parked is a backyard where they are not visible and,
to me they create a blight as you drive down the street. Nov. it's just that.
sisple. You knows I hove heard all kinds of arguments -but I just personally
don't think...if every boat was a fifty four foot Bertras polished and kept in
good condition. I sight think differently, but this town is full of vreeks and
that doesn't preclude they car work on the boats in their front yard, they can
fiber glass the boate rebuild it in their front yard. and I just don't think
that that's whet this community wants to develops at least I don't. Soo I'm
on the record. I'm opposed to it.
Mr. Rodrigues: sir. if I...
Mayor Suares: Sergio, the last time that we considered this item I asked what
effects if say, would ve had if we passed it and then sosoone obtained some
sort of grandfathering or vestid rights to have a boat parked in the front
yard like that* would we at soda point be able to take it back if, our rights
to peohilit this, if we decided that the whole city had beams an eye sore and
so on. In other words, could we go back on out decision at a later point and
take ovey them rights. Did ve ever gat an answer on that?
ME . Redriguesa Noq the only answer I ace give you is that this will be
controlled under the Zoning Ordinance and the Code Inforee t Board and if
they are Seto I guosse to goal shapeo there eight be a way of taking it . I
don't !anew. I'm gives you se answer without really ksowing. Let so edd
something though. I even with. Comaissioser Plu■eer, that dofifttely this
would have an iatlumme In the wry that the City sight look if everybody were
to follow this now legallyo but amether reality is that this is a marina
oriented City and we have voter in the area. There are forty -ore thousand
boats is Oslo County ad we estiests that tweutymefive percent of those are
withie the City of Mimi. There we only four hwdred fifty slips in the City
swims* se obriouslyo them boats have to P lose where and obwAously. ve
have •lot of illegal boats now vhiah we placed in the drivewsys0 We either
aaknrwledge it we Soto end it we ate going to deny this ordinance and you are
gong to vote against itp there will be oeforcessmt of everybody else that is
now presently beating the boats in the frost.
Ms0 awednns: tut Mr. Rodrigues....
Mr. Rodrigues: Yes. air.
87-1072
Id 63 warps. ?1 .e•s
.
Mr. Davkins: ...I's not opposed- to the boats and when you case before me to
sell me on the idea, you sold ve an the boats.
Mr. Rodrigues: Right.
Ms. Dawkins, Nov. today you got as okaying vinnebagose converted school buses
and anything else. Nov, it you want to take this back and rework it and bring
it back, I have no problems with it. but I just...
Mr. Rodriguess I'm sorry. when I...
Mr. Dawkins: I mean, I can understand what you are saying. ORa, you tell as
that this is the present law. I don't mind that, but nobody told sue vhen they
were selling me on the boats that this was the rest of the law. You just told
so that we were trying to got some place legitimate for people to park their
boats. That's all was said to so vtp here.
Mr. Rodrigues: If I may, I guess when I told you...
Mrs. Rennedys Sergio. I stepped out of the room for a moment and I'■ hearing
Commissioner Dawkins talk about Winnebago and... what is this?
Mr. Rodrigues: Lot at try to explain something though that I...in relation to
Item 10' which I think I gave you vre% information.
Mr. tierce: Go ahead.
Mr. Rodrigues: Wrong information. When I was reading this portion a few
minutes ago to Commissioner Dawkins. I went through it last, through the whole
thing. and I didn't realise that in the language that we have nowq definitely
will not allow the recreational equipment in the front yard. It has to be on
the side or in the back. So, I gave you the wrong information on that. I'm
sorry.
Mr. tiummes: Why net apply the same to this boat?
Mr. Rodrigues: We could apply it. One of the problems that we have in the
City with the laws that we have is that we have very narrow lots. and that is
a reality and...
Mr. Dawkins s OM. Wait a minutes one minute. 2020.2.2. Section (a) --Nov.
you struck out this first three linen —'parking shall be permitted anyvhers on
the presises or on a adjacent streets or alloys.*
Mr. Hertel for not to exceed twelve hours.
Mr. Rodriguess If you keep seeding the lainguage, it says 'not to exceed
twelve bourse.
Ms. Dawkins: Uh huh.
Ms. Rodrigues: And them when you mead the seat Of the
language we are apaei!—
ieally dee"A" boats as a $operate type oe equipment
which is Item ar. .
Mr. Dawkins: All right, OR.
•
Mr. Rodrigues: AM then we go and we deeine on Item
'Ce what will happen in
sesidantial districts which are not IS at RQ• which
age single family and
single easily and duplex, which $oya •that you have
to park Of store those
behind the neatest portion at the building..•
Ms. Dowkinas 'Shall bee, it didn't say •viu bee.
Mr. Rodrigues: Right. Shad be is...
Mr. Dawkins Shall be.
Mr. Rodrigues: •Shall bee Beans 'will be', yea*
y
i
87-JL072
Mr. Dawkins Ball• if you ... I meant if you vent to take it back and bring it
book I'm for it. but I will have to veto against this in its present form.
Mr. Mereas Mr. Vice -Mayor, we will be glad to take this back to the Planning
Advisory board and then bring it back to the Commission.
Mr. Dawkins: OK. I move that it go back for further consideration and sore
information plesse.
Mrs. Kennedy: Second.
_ Mayor Sorest Does that slake son" procedurally at this stage Madam City
Attorney for us to just rotor back to the P.A.S. on second reading as op-
posed... Can we send it back to the Planning Advisory Board at this point for
further consideration?
No Doughertys Yes.
Mayor Suaros: We have a motion and a second, and it's proper to do it. It
seems like there is no chance this Commission would egret to, from what I have
heard, to pass this in any event, because I was Sting to vote against it for
my concerns as I mentioned them before. So, why don't we call the roll- at
this point.
Mr. Plummer: Mr. Mayor. under discussion.
Mayor Suavest Commissioner Men".
Mr. Plummer: I'm voting against the ordinance. I think it's a bad ordinance.
I don't think it needs to be reconsidered. I think it needs to be thrown out.
So. I on voting against it.
Mr. Dawkins: I withdraw my notion. There -is no action. -
Mr. Plummer: I moot to deny.
Mayor Suarez: A motion to deny. Oo we have a second on the motion to deny?
Do we have a second on the motion to deny or disapprove the ordinance proposed
on second? It's going to die for lack of interest. I will second the motion.
Vice -Mayor Dawkins?
Mrs. Kennedy: Wider discussion. Sergio. I'm all confused nave You had all
of our -votes the first time except for Commissioner Plummer. what has happen
now?
Mr. Rodrigues: Right. I think that you have four Commissioners here.
Commiisiones...
Mrs. >Ronnodyt I mean. I stopped out of the roam for a second and I come back
and I beer ail these arguments against it.
mr. Planes Madam Commissioner, don't leave the room again. plasso.
Mr. Rodriguess There are two changes over. if I may. Commissioner Carollo,
which was the ens that got a motion before to get the staff to review this is
net here today• I believe, and I think Commissioner Plummer, was excellent in
convincing the rest of the Commissioners. I think.
mayor Suarest I said my particular concern was never resolved that I thought
that I hod asked for a memorandum on ito but to ley event, I'm disposed to
vote in favor of the motion. lsopie We getting Srandtathered in and having
vested rights to maintain this kind of soning if we later ebatge our sigma and
decide that the City had became a great eye acre with people having all kinds
of junk in their front yard,
mr. lodriguest But you have the same situation today with carso people have
their cars sometimes in the front yard and they...
Mr. Plummer: Excuse me. a ear is the way a min makes his living. That's a
neeassity. I spoke to that before. Yes, I would prefer not to have the so.
called junk ears in the front yard • but if that's all that sun can afford to
sake his living then I think he `has to' be* afforded the right to park on his
own private property • I would prefer it not to be, but if that's how he sakes
his living,, then I have got to grant him that right.
Ile. Dawkins: Under discussions sir, you wanted to say something. sir?
Mr. Sanford Cohen: 0h. yes. My nacre is Sanford Cohen. I reside at 1510
Southwest 13th Street and I am here to represent myself and the health, safety
and the welfare of, the public, and I submit the proposition that you deny
•Amendment Q-20 by voting 'hoe on this second reading* for the reason that
this is a camel's nose under the tent ordinances and..* it is based on circui-
tous thinking. Both of these gentleman across the room from at appeared at a
!lamming Advisory board aeeting on November 20th and stated that the Planning
end Zoning Npsvtwmt considered complaints by people who's neighbors already
have boats• and that...
Mr. Dawkins May I inform youq sirg that it appears that the votes are
against this and you are speaking against it and I think you may talk and turn
somebody's vote wound.
Mr- Cohere I certainly wouldn't want to do that. _
Mr. Dawkins: OK.
Mr. Cohen: Yell, the picture is off the screen. so I would really wish to
Later that the reasoning I.-.
Mr, Dawkins: You want us to put it back?
Mr. Cohen: Not let's.. -I will ---
Mr. Dawkins: That's the one you vented back?
Mr. Cohans Yes.
Mr. Dawkins$ OK. go right ahead. Sir.
Mr, Coheres I would just wish to briefly express my concerns that this opens
the door for the same concerns that. Commissioner Plummer. has voiced. This
picture 'shows...fmcusa se. Mr. Rodrigues, will you extend your hand to se?
Will you extend your hand? Just where you areg just extend your hand. OK.
Now. if you... the center of your head was the boundary line five feet from
that would be where the -boat say be positioned. I will be the other boundary
line. OK9 and if s house is built on property according to the• schedule of
district regulations, it has to be live fasts so that five plus five. the
question here is what are we obstructing not in matter of fifty fast. but in
a distance of forty fast. and I wish to just clarify that the distance for the
front yards for a house built today for RS-1 is fifteen feet in the front and
RS-2 is ten feet. So9 there redly is s problem developing and I would like
to make the recommendation that pismisag mad Zoning eonsides, for reasons that
they recognised aonoer Dag a person's interest is the swim sort of lusury or
recreation area, that---thsank you ---that the ahaage of a five feet distance be
ixteided to eight feet to meaommodate the placement of a boat behind the
forward property. Thank you.
Mayor Suarest I thank you for yeas comments.
Mr. nummer: Commodore9 do you have anything also to say?
Mr. Redriguess Listen. Commissioner, you were the one that instructed so
to-- you alto the Commiasion---to bring this before you snd Z brought you the
good pasts and the bad parts and the ugly so.
Mr. Praiser: Right, and say your canoe have a Mote in the bottom.
Mr. Oawkimst Any further discussion? further discussion? Read the motion so
it's clearly understood please.
Ms. Sirai: A motion to deny.
8 7-1.072
Mr. Dewhsinss OR. Thank you. Call the roll. please.
TMMSUPON a notion was node by Cgs issioner liusiser, and seconded by Mayor
Suarez to deny Amendnesse Q¢2 was detested by the following votes
ATZSs Comissioner J. L. Piussser • Jr.
Mayor Xavier L. Suarez
hpltSs ComAssioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
A><SDRs Commissioner Joe Caroilo
ON ROLL CALL:
Ms. Tanedys I don't know. I'm going to stick with my original vote and vote
•yes•. I noon. vote •no' to deny. which swans Oyes' for the boats.
Nr. Dowkines If I vote "yes' it's going to die because it's a two two tie.
No, tassnody: No. Oyes• is a three ones
Nr. nusiser: Careful, your awe will be Fred. Tosker' s colusss.
Mr. Dawkims Mo. I won't. One thing I can say about Mr. San Pedro` he is
prejudiced, he doesn't like ne.
No. lemodys
No, the notion is to denied. you have Piussser and Suarez saying
•yea•...
Mr. Dawkins:
And M and you Saying •no'.
Ma. Reauady:...and
aw: and you saying Ono* or you saying *yes* with then and.**
Mr. Dawkins:
If I say *yes* to deny, I want to approve it. So. now if I say
•no' with you
it's g" to die and it's denied any -
No. Ke needy s
Right.
Mr. Dovkbsa:
Sog either way you vote it's denied,
Mayor Suarest
.!lease don't say •naybe.
Mr. Dawkins
OK. I vote 'no'. and it's denied. because it's a two/tvo tie.
• T'herefors..•
Mr. nummor s
No. you are wrong.
Ms. RessnedyI
No. no. -sso We the other way.
Mr. Plummer:
Id- like for you to be righte but you are wrongi two/two denies
the satins.
It is not deaisd. It is still as it was baton.
Nayas Seeress kin have s pending request for an ordissanae on second reading.
It has we passede so unless we bear another notices from any Comissioner, the
matter will
just be automatically tabled* as far as I know. Madan City
Attorneys is
that the aase? ,
Mr. Oswltiaas
Me* no. no.
Mrs. Oasghtrtys It could be autoaatiaally put on the saint agenda. No action
has boom taken with respect to this.
Mayor Seeress There is no action taken at this point. Any other maotions?
87-1072
Id 67 March 27. 1986
_.
y� _
19. IF3131 RZADINC MOrMANCE: AMVWNENT 6Q-1' RZOMINC ACCESSORY USES -(RES-
TLUJRANTS. BARS) IN CONDONI)MMS,
Mayor Scares: Agenda item 4. Ranning and Zoning item 4-
Mr, Rodrigues: It" i is amendment Q-19 or also known as Comsissioner
piumeer amendeent. and it relates specifically to the concern that he had
before in relation to accessory uses in relation to residential and office
uses. gverything else. I believe, in the ordinance. has already been taken
into account by this Commission before. and I believe that the only item that
was of some contention was the one that relates to a section 2003. on accesso-
ry uses and structure. Mo have changed the language from what we had before,
end we have now recommended, and it has been supported by the planning Adviso-
ry Board, that convenience establishmentag and part of the intent of the
section, you know, convenience establishments are intended to be only basical-
ly for the use of the occupants of the principal use, and their guests. and a
more specifically, we have established that all applications for special
permit to have a convenience establishment under this section will require a
listing of all the owners if it is a condominium, all the renters, if it -is a
residential apartments or all the lessees* if it is an office building,
indicating their approval or disapproval, which then will be taken into
account in granting# the approval or denial of the permit. Alsos, we require
under the proposal that we have now, that the application, or the applicant,
will mention that the restaurant use is to be restricted to the owners,
renterse or lessees, and their guests, or the residential and office unit.
There is a section over here that deals with accessory uses which are in
existence at the time of the adoption of this ordinance, and which are not in
eaeplianee with the terse of the subsections and we are dealing with that
section, specificallye with section 2003.7.4. I believe Mr. Stanley !rice has
something to add to that portion. The planning Advisory Board, by the way, in
dealing with these recommendations for charge in zoning, passed a resolution.
which is resolution FAA llg6* which is on page 6 of your package, in which
they recommend to the City C maission that a special consideration be given
to ,Hamilton on The Bay, located at Sss N.l. 34th Street, also described as
treat We Bsypoint Race. 117-47, p.R.D.C., at time of public hearing, based
on certain equitiest which wars brought to the Planning Advisory Board's
attentio0. Basically, the position that they have. and I will let Mr. price
explain it in more detail, is that they already have a permit for 167 seats,
and under this ordinances if they were to be grandfathered. that they are
approved under the present ordinance as to being a permitted used. that they
could apply. I believes this new section of the ordinance, and see if they
arrive to a larger number of Beatings in the restaurant.
Nrs. zennedy: Sergio. I an still very new here. neass tell me what this can
and cannot do.
Nr. Bbdrigues: leadeallye what yet am do with this, is if you have a resi-
dential buildingo or an office buildings you can have certain accessory uses
related to that. Is the ordinance that we have now, in effect, we allow to
hags restaurants and other cams as being aa:assaory to the building. There are
aettaim portions to the ordinance spmsifieally telling you bow easy units you
have to have in the bui}dirg before you ass have this as an accessory use. and
whet conditions you am have, and there are certain parsits which are required
to be obtained by the applicant. The eonmesm that Commissioner num er has.
and he cam asplain this better than I dot is that in some eases in the paste
these have been night clubs* or other major facilities permitted that had a
negativo effect on the residents of the banding, f'or that resson, he was
interested in trying to have some control over that.
Nr. numsers Let w go back a little *van further than that. Sergio. because
I sat on this Commission baMhc in the days wham there were ns uses ailowed'in
those areas because it was residential. It was the petition of a member of
pemplmt particularly's to condos. that they would like to sea accessory uses on
the ground flow. costly, for their use - a little grocery stores a pick up
place for dry cleanings things of this nature, and yes* even a restaurant.
This thing became a far out of lines that we had sajor cordominiuma. and I am
87-1072 1/7
14
I
,The following resolution was. introduced by Commissioner Carollo. who
moved its adoptions
RESOLUTION NO. 86-305
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCON-
TINUING THE PUBLIC USE OF THAT PORTION OF SOUTHWEST
22NO TERRACE CONTIGUOUS AND ADJACENT TO LOT 34. BLOCK
51. EAST SHENANDOAH SUBDIVISION. RECORDED IN PLAT BOOK
14, AT PACE Sg OF THE PUBLIC RECORDS OF DADE COUNTY.
FLORIDA, AND LOT 1. BLOCK 52.- EAST SHENANDOAH SUBDIVI-
SION RECORDED IN PLAT BOOK 14, AT PAGE SS OF THE
PUBLIC RECORD OF DADE COUNTY, FLORIDA, WEST OF THE
RIGHT-OF-WAY LINE OF SOUTBWEST 32NO ROAD. ALL AS A
CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1274 -
'VIZCATRAN GARDEN.`
(Here follows body of'resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Scares
NOES: Commissioner J. L. Plummer. Jr.
ABSENT: None.
ON ROLL CALL:
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Dawkins: Commissioner Plummer.
Mr. Miner: - Sir.
Mr. Dawkins: Anytime they close the street you want some equity, why aren't
you aski;g for equity for closure of this street. sir.
Mr. Plummer: Very simply, on the record. Mr. Dawkins, is because this is
public housing which we forced onto this applicant through the Claughton
Island. and I don't feel that it is fair that they should have to go beyond
that.
Mr. Dawkins: Good enough reason. Finish calling the roil.
Mayor Suarez: We will accept the $1009000 that you meant to offer in connec-
tion with the street closure. Strike that from the recordl
19, 013CUSSION OF PARKING BOATS IN'FRONT YARDS.
Mayor Scares: This Commission stands adjourned. Assuming we do that, what
happens then to Planning and Zoning item 87
Mr. Plummer: It diesl
Mrs. Reanedy: OK, the Planning and Zoning item S, why don't we send it to the
Manning and Zoning Board for revisions and than it just doesn't dis,
Mayor Surest We can always do that.
(INAUDIBLE BACKGROUND COMMENTS)
1a .._ R7--1072
Mr. O1nadilio: Commissioner, this...
Mrs. Kennedy: Can we do that, and then it'vill not die?
Mr. Olmedilio: No, there is no time for that. You have run out on that time
that you had to send it back.
Mr. Pluwmer: Great.
Mr. Olmedillo: Unless you hear it at the regular Commission meeting.
Mr. Pierce: Nos no, no. They can send it back.
Mayor.Suarez: OK. I an all confused. Let's go back.
Mrs. Kennedy: Unless you vent. I am...
Mayor Suarez: Planning and Zoning item 8, if we don't consider it today, will
die.
Mr. Olmadillo: It dies.
Mrs. Kennedy: Unless we send it to the Planning Advisory Board. -
Mr. Rodrigues: No.
Mayor Suarez: Now, this particular ordinance, if people are in favor of it,
can be brought back to us any time.
Mr. Pierce: We can rewrite it and start it from the process again, if that's
the case.
Mr. Olmedillo: Start it all over again.
Mayor Suarez: That is not to say that we never vote for it, or any of that,
but...
Mr. Odio: You can start all over again.
Mayor Suaress night. It would, you know, require at least one Commissioner
wanting ;o do that. I mean. this City staff is not going to keep bringing it
back to use Maas* do you want to address that point of this item? While...
do I have a quorum? I think people have voted with their feet. here.
Unidentified Speaker: Reinforced, they are over in the edge.
Mayor Scares: Looks like he is gonal Commissioner Plugger? Did you want to
hear the point on this item dying if we don't hear it? Otherwise, we don't
have a quorum.
Mr. !longer: Which item?
Mayor Suarez: This is Planning said- Zoning item 8, related to amendment "Q
the boars...
VNIDO M M SPGMS boats in side yards and back yards. If you *can just
there for just a minute. Is three a quorum?
Mayor Suares: Yes.
UNIDtI=>tM SPZAM: The problem we have is we live in a heavily wooded area
of Coconut drove. In order to comply with the law of PZ 8 whatever this is ,
it 20. 22 2. we must cut down a 100—year, old oak tree. iia cannot get a permit
to cut a 100 year old oak tree, con"quently, we are left in a Catch•2Z
situation. what we would like to suggest, is not that you asy. 009. everybody
park their boats anywhere you want.' I would like to suggest that you consid-
er a waivere wherein if there is aW environmental factor that is beyond the
control of the home owner, or boat owner, or whatever, that that factor be
considered so a possibility to waive the requirement that the boat be parked•
in the back yard, or the side yard. In this case, an environmental factor
could bo cutting down a tree, a natural rock outcrop. 02 /
8 7-10 72
I
6
•
Mayor Suavest I have absolutely no problem with that, but I don't know that
this is the proper way to propose it to this Commission. really.
UNII)WIFIEO SPEAKER: Would you allow it- to go back to boos.
Mr. Plummer: within reason. I want to be reasonable. all right? And as tar
as I as concerned. the Planning Department has screwed this damn thing up so
many times. that I don't want to send it back and redo it. Let's kill it, and
let them come back with a new ordinance. We can take your ideas into consid-
eration. As long as a man owns a boat. if it's a luxury. He wants to keep it
in his back yard or his side yard, I have no problems with it.
UNIDENTIFIED SPEAKEAi It is a-canoo. sir.
Mr. Plummer: Put it on the roof.
UNIDENTIFIED SPEAKER: I can't got on my roof.
Mr. Plummer: I will send you a ladder.
Mayor Suarez: Do you find his jokes funny at this time, of the night?
UNIDENTIFIED SPEAKER: I think he's getting punch drunk.
UNIDENTIFIED SPEAKER: Mr. Mayor, this is a world class city. It has 'been
written up in all the magazines. World class cities do not park boats and roc
vehicles in their front yards.
— UNIDENTIFIED SPEAKER: Are you from Coral Cables?
— Mayor Suarez: Unless it is an oak tree that has to be cut down.
Mr. Pierce: Mr. Mayor, we will re -look at this and then bring it back.
Mayor Suarez: There has got to be a way to solve your problem. I mean. maybe
Commissioner Dawkins up there with a little wench, or whatever you call one of
those things can get that canoe in the right spot for you so you don't cut
down the ask tree.
UNIDENTIFIED SPEAKER: This is something where extenuating environmental and
circumstances beyond my control. I an not 100 years old. I couldn't pull the
tree out. My mother-in-law just gave me the money for the boat.
Mayor Suarez: The problem with the ordinance is that it was losing support in
this Commission from one Commission meeting to the next, until it was about to
die anyhow. This is just. coincidence that everybody has left; although that
is part of the problem.
Mr. Rodrigues: If I woo able to make a presentation tonight. I would have
shown that we have a temporary permit for this that would be for one year
only, so that maybe that will take of some of the concerns expressed by the
Commission before.
Mayor Susress It really serves no purpose. We rosily have lost a quorum. If
YOU want to...
UijVVTIFIED SM=8 Mr. Mayor. I believe the time And the letord will
combine and state that at 9:00 p.m., that garter that was discussed, the
issue was supposed to bo the last ono, and therefore, so many people left, I
think this is... •
Mayor Suarez: Well, the only thing we wanted to consider, so at a majority of
the Commission would hear it, was that this item would die, if we didn't
consider it, and three Commissioners heard that argument, and soemt to be
disposed for it to die, so it has died. This Commission stands adjourned.
s
147-1072
Id 141 April 22. 1986
ewN
E
Miaml. fibril 4 do 798;.
1107A R I; ,!. 12 1
"n�rr�bla:.�celde Xavier Suarez.Honorables Comisionados,Joe Ca-
rollo,Miller ri—wkins,Rosario Kennedy y J.L.Plummer.
Aueridos Alcalde y Comisionadoe de la ciudad de Miami.El cue sus -
cribs Victor Evora vecino y votante de esta ciudad de Mismi,y re-
sidents on el 2209 N.W 5 St.Miamitfla.33125,con sl telsfono 643-
57371se dirige a Uds respetuosamente Para cpmunicarles to siguiente:
E1 d�a 23 do Abril de los corrientes se reunirs sea respetuose Co-
mision de la ciudod-de Miami pars tratar sabre si pormitir o no
p*rmitir el paraueo de botes; y trailers fronts a nuestras propieda-
des.
Todo esto comenzo on una triste tarde (-pore mi y mi senora ) cuando
un Inspector de la ciudad de Miami me mand6 a remover mi bote fron-
t@ a mi casa,in.lusive Is camioneta con Is quo me gano mi sustento.
Fso fui on Noviembre 19 de 1984.
Tuve cue llevarme mi bote par& Carol City on case de un amigo,a los
pocon meses una tarde to psrqui* on 1A C-All_e front@ a mi casa par -
quo iba a pescAr par is mocha& y me to robaron.
Adjunto leg *stay enviando copia de is carts quo envi6 an equal
entonces al sl director del planning Dpt an relsci6n•al caso.
Y par raz6n de 16gics supongo quo el Sr Sergio Rodriguez Director
del planning•?)pt hays propuesto modificar is ordenaza,ys cue somo s
cientos de milea,y personas de no tantos recursos quo tenemon Ion
botes frebte a nuestras casas y no podemos pager S 200.00 a m6s par
tenerlos on un* merino.
No lea explico min sabre el asunto ya que Is Carta gue envis el Sr
Sergio Rodriguez on aquel entonces ( Carta adjunts ) s@ explica
Por si sole.
T.es ruego quo se nos permits pprouear nuestros botes frente a`nuestras
casas ys que no hay otre forma de hscerlo on Is inmensa me o ria de
Ion canoe.
Dandole lea graciss quo seguro quo brindersn a 6sta do*Uds reaps-
tuosaments.
2209 N.W 5 St
Miami,Fla.33125•
Telf 643-5737
C.c.
Sergio Rodriguez Planning Dpt.
Tomas Garcia Fust6gW.P,B. A. Director.Radio Station.
A3
87-10
A
Miami.Dicienbre 20 1984s
Sr:
Sergio Rodriguez
Director Planning Dpt
Land Development Div
275 N*W 2 St
Miami o Flas 33128 s
Estiaado Sr. Rodrigues.
E1 present* eacrito an pars goner on su conociniento to quo me
siucedo,y ver si eati on suq manna resolver ni probleaa y al de
nucho slquizie on un tatura no lejants
to testa ti bate parqueado lronte a ai casapsintiondome-ialis de
poder salir a posear can si senora log lines do sasanasUna busna
astlena as aparoci6 par at Cass un inspector del Zoning llamado
Jbon Glass y me ontreg6 uns notiticaci6n (copia adjunts) on la
coal me comunicaba quo dobia roaovor ai botele incluso al Casio-
nets can la coal so Bono el suatento junto con al, hijos
Removi al bate y al eamionota y acto saguido ■e presentb on el
Zoning part qus so no aclarara al, situact6neE Sr. Gonzales quo
we atondi6 me dijo.que todo pudiera nor producto do =a denuncia
y que estaba prohibido par Is ordenansa parquear botes tronte a
lam caaas.Lo dijo que an Miami hay Clanton do miles de botea on
Las miomas circunstancias quo lam alas y porque so permittapy me
eoatest6 que coda camp era individual qua to que podia hacer era
it a vier al Sr Aurelio E.Pbrez del Planning and Zoning Admons
y pedir una variants do la OrdonanzasRabii con o1 Sr Aureliopme
1natruy6 do la documentaci6n requorida eomo p lao s die la casaglista
do Ica vocinos oteestas
Tie con al docusentaciba requerida so dirigi con aim planes a don -
do habit conensado todo of problenalhabl` con is Bra Jo Reed a la
cual to espliqui to mucedidogae dijo quo dejara Las pianos quo as
so evisaria par tolitonos
A lea Gino dias as 1lamaron de 1 o tiaina do Aurelio Empires Pa-
ra raaoger to pianos y quo no pod splicer Para la Variants, do
Is, Ordononsa pars quo Am so persitiora parquear al bate trente a
nil cast igual glom denim dussos do botese
Roan jo aim planes vuelvo do nuevo a war a la Bra Reedgla al
as *021a6 quo so Mal
derecho a a-1 car pars la Variants ya quo
la ordenessa dice que so as peraitem botes Trento a mi camas
Me recomend6 quo tuera al PlanaiB Dpt quo es of qua puede combiar
Is ordenansasEs par todo to antes espuoato qua so once entro aqua
omaribiendole *eta Carta Para quo as mi hags justicia:
Dessppuuia do panado toda satos trasites tul al City Cleric y pedi
aopia die Is ordonasseeDespu`s de leorla so doy ouesla que la ley
eat& ahi escrita,poro as progunto aor tmi no ,me apuest a lea cientom
de miles de boten que bay Parqueado• on aim minas eondialonea?
&Par GO la Loy no as splica parejo?
Alrededar do log Bote• y de log bate* viven cientos do miles do
porsonaegfibrieas9dealers lase ini000 itbricas de trailers,casas
die ofectos do peocafrevistas deportNas otesetesEn tin qua esta `
8 7-JL072
L3
( 2 )
industria genera millones do dollars pare seta belle, Capital del
Sol.
To dodo such* quo nadie on su•sano juicio cosprarla un bote si
conoce la ssistancia de eats ordenanza.Ordenanza la cual considero
obsolete on Is quo Miami ha crocido r on el 60 % de la construcci6n
sxiatsnts no her muficients espacio entre Is cerca y la case, pare,
poder parquear un bote9qus on come to osige In ordenanaaalbdos Ion
dueffas do botes Ion hemos cosprado r on Is insensa mayoria (miles)
Ion hemos parqusado fronts a nuestras casas•
Si a todos nos 00001caran quo debomos remover to botes de fronts,
do nuestras casaeLque hariam 6?
Portodo to antes expuesto on quo recurro a Ud pare pedirle respe-
tuosaments quo N sodifique one ordenenza para quo se permits par -
queer Ion totes fronts a lam cases pop ooaaiderarlo de justicia.
0 Dandole lam gracias quo rigor* brindAr6 a seta:
Ds Ud Wuoaamentes-
_ viazor R.Evora
2209 NOW 5 St
Miaai,F18033125
Telf. 643-3737
0
CITY OF MIAMI, FLORIDA LOCATION r&20 q �� AM X -iT2JC*T --
BUILOING DEPARTMENT NAME
ZONING ENFORCEMENT OWNEWS ADDRESS
. 275 N.W. 2nd SU � T-yDATE 1 �' ~ 19
Yw are h"by netif1w that yeaIS41ATt 'ZA t L4C-& loeatoil at the above ii"rest is in
violation of City of Miami Zoning Cade re4miremsntt. It is necessary for you to make the following correction
upon roesipt of this nsMa:
t� MV JAE S "dr -lit i� �*+ � c �� �d�r',L �co�� Ar
ma. ILVS-9144 17mr CV1079R G vVeA_
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Prompt emieetion of the violation iesc►ibail eb"o is
Office. Phone 36i}7 r di
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t '
.. �„ • • vt
For inforwatien
the Zoning
•
49 SINOEQa Cewlom imm 1. 2.3 mdA. . .
Put raw eewen in em "PlaTURN TO" 2040 on the
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