HomeMy WebLinkAboutM-86-0643CITY OF MIAMI. FLORIDA
TO. Honorable Mayor and Members
of the City Commission
FROM: Cesar H. Odio
City Manager
INTER -OFFICE MEMORANDUM
OA*E July 24, 1986 FILE.
SUBJECT PERSONAL APPEARANCE - JESUS PORTO:
CITY COMMISSION AGENDA JULY 24, 1986
REFERENCES! Class
C Special Permit: 3250-3266
S. W. 23rd Street
ENCLOSURES
Attached is a memorandum from Sergio Rodriguez, Planning Director, pertaining to
the above referenced item.
CHO/SR
Attachment
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Cesar H. Odio OAT` July 22, 1986 FILE:
City Manager
SUBJECT Personal Appearance - Jesus Porto:
City Commission Agenda of July 24,
1986
FROM +' REFERENCES
Class C Special Permit: 3250-3266
XP1
driguez, Director ENCLOSURES S. W. 23rd Street
nin g Department
Mr. Jesus Porto has requested a personal appearance as a follow-up to his letter,
addressed to the Mayor and City Commissioners, dated June 30, 1986, containing
complaints on the issuance of Class C Special Permit #86-451 on June 11, 1986 for
property located at 3250-3266 S. W. 23rd Street, by the Planning Department.
BACKGROUND
A Class C Special Permit is an administrative decision made by the Director of the
Planning Department according to established regulations in Zoning Ordinance 9500.
No public notices and public hearings are required in connection with Class C
Special Permit procedures (Sec. 2501, Ordinance 9500).
In order to promote redevelopment in the City of Miami, Section 2028 of Ordinance
9500 provides for cluster development. The cluster concept provides that where
there are vacant lots in RG-1 districts that contain at least twice the required
minimum net area and width for the district, more than one structure may be
erected on such lots by a Class C Special Permit. -It is also intended to permit
clusters on these lots in order to achieve economical and efficient land use,
better distribution of open space, improved level of amenities, and creative
design to a greater degree than development on a lot by lot basis (Sec. 2028.1).
This section places in proper perspective the fact that the cluster concept is not
a deviation from the existing rules and regulations, but on the contrary is a
permissible use of the property under RG-1 designation without a change of zoning.
Section 2028 provides that the number of units to be approved in any particular
lot, or lots, by Class C Special Permit, depends on the square footage following
these conditions:
In the RG-1 districts a two family unit may be erected for the first
5000 square feet of net lot area, one unit for the next 4000 square feet
of net lot area and one single family unit for each additional 2500
square feet (Section 2028.2c).
Exterior yards, lot coverage, livability space and offstreet parking
shall be as generally required for the respective district, in this
case, the RG-1/3 designation (Section 2028.3).
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Cesar H. Odio, City Manager July 22, 1986
ANALYSIS
The subject property at 3250-3266 S. W. 23rd Street has a net lot area of 22,500
square feet, with frontage of 150 linear feet; Section 2028 permits 9 units in 5
to 9 structures. Applying these existing requirements, the permit was issued
without a single deviation from the ordinance (there was no zoning change, specia
exception or variance required by this project); therefore no public meetings or
hearings were required or even necessary.
CHRONOLOGY OF EVENTS
At the direction of the Planning Director, staff
requested the applicant to notify adjacent property
owners prior to the issuance of the permi in -question
as a matter of courtesy, in order to make adjacent
proper y owners aware —of the proposed project and to
allow for input from the area residents and owners.
Notification was not required, but was hand delivered by
the applicant to 13 owners of property adjacent to 3250-
3266 S. W. 23 Street.
Sixteen (16) neighbors, including Mr. Porto, sent a
letter to the Planning Department opposing the
application.
The Class C Special Permit was issued; the project met
all City requirements and procedures.
The Planning Department notified neighbors of the
approval of the Class C Special Permit and the time
limitations for appeal. This was a courtesy notice, not
required by Ordinance 9500.
After the permit was issued on June 11, 1986, Guillermo
Olmedillo of the Planning Department received a
telephone call from one of the neighbors, who did not
want to give her name, and who complained that she had
received the second notice when there were only three
days left for the appeal period. She was advised of the
procedures followed in this particular case. She was
also advised to get in touch with the Planning and
Zoning Boards Administration Department because the
appeal could be filed immediately. She responded that
the cost of the appeal would create problems for her.
Appeal period expired.
Page 2 of 3
11
March 18, 1986
March 22, 1986
June 11, 1986
June 16, 1986
June 23, 1986
June 26, 1986
1'n "
Cesar H. Odio, City Manager July 22, 1986
Mr. Jesus Porto sent a letter to the Mayor and City June 30, 1986
Commission.
Guillermo Olmediilo and Teresita Fernandez of the July 9, 1986
Planning Department met with Mr. Jesus Porto, Mr. Manuel
Iturriaga, and Mr. Artermio Barandela in order to
explain fully the cluster procedures and principles
contained in Ordinance 9500 and the reasons why the
permit was issued. It was explained, for example, that
although they owned one and one half lots each, neither
Mr. Porto nor Mr. Barandela are permitted to build more
than one duplex under the cluster concept; they do not
meet the cluster conditions of Ordinance 9500.
At that meeting, Mr. Iturriaga stated that he had
received his notification three days prior to the final
appeal date. On the other hand, Mr. Barandela does not
live in the property neighboring the subject property,
his forwarding address had lapsed and, therefore, the
U.S. Postal Service returned both letters.
SR/JWM/rj
Page 3 of 3
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CITY OF MIAMI,
FLORIDA
K
INTER -OFFICE
MEMORANDUM
69
To. Mr. Cesar Odio
DATE: July 18,
1986 FILE
City Manager
SUBJECT PERSONAL
APPEARANCE
JULY 24,
1986
i
COMMISSION
MEETING
FROM Oler /J. -bawkins
REFERENCES:
Vice. -Mayor
ENCLOSURES:
Please disregard the memo sent on July 17, 1986, requesting a
public hearing on July 24, 1986, to discuss a zoning problem
with residents in the 3250-3266 SW 23 Street area.
Instead, please schedule a personal appearance for after 6:00 p.m.,
July 24, 1986 in connection with this matter.
We will notify all persons who signed the petition about the
personal appearance.
kms
cc: Honorable Mayor &
Commission Members
Attachment
ID
List of persons notified about the public appearance:
Mr.
Ricardo Lopez
Mr.
Llsowski
Mr.
Omar Cuan
Mr.
Nicolas Cardenas
Mr.
Manuel Iturriaga
Mr.
Jesus Porto
Mr.
Larry Pearson
Mr.
Arquivides Raffi
Mr.
Rufus Hamond
Mr.
Artemlo Barandela
Mr.
Pedro Bandana
Mr.
Roberto Caricabaru
Ms.
Patricia Joannides
Mr.
Edward C. Bosi
Mr.
Miguel Andes
Ms.
Sara M. Geltner