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HomeMy WebLinkAboutR-86-0155J-86-52(a) 1/6/86 RESOLUTION NO. �f►"1 SS A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND DENYING THE APPEAL OF THE ZONING BOARD'S DECISION TO CONTINUE THE APPROVAL OF THE SPECIAL EXCEPTION GRANTED BY THE ZONING BOARD ON JULY 16, 1984, ALLOWING THE CONTINUED OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS GIVING QUARTERS IN CONNECTION WITH A VACANT LOT LOCATED AT 960 NORTHEAST 78TH STREET, ALSO DESCRIBED AS LOT 5, BLOCK 22, SHORE CREST (10-23) P.R.D.C., AS PER SITE PLAN ON FILE; SUBJECT TO CLEANUP AND MAINTENANCE OF SITE AT ALL TIMES, AND A REVIEW BY THE ZONING BOARD TWO YEARS FROM DECEMBER 16, 1985 FOR CONTINUED MAINTENANCE AND CLEANUP OF THE SITE; ZONED RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL. WHEREAS, the Miami Zoning Board at its meeting of December 16, 1985, Item 1, following an advertised hearing, adopted Resolution ZB 166-85 by an eight to zero vote, finding that the conditions set forth in Resolution ZB 55-84 had been met and allowing the continued occupancy of one private pleasure craft as living quarters in connection with a vacant lot located at 960 Northeast 78th Street more particularly described herein, subject to a review two years from December 16, 1985, for continued maintenance and cleanup of the site; and WHEREAS, the Belle Meade Island Homeowner's Association and concerned property owners have taken an appeal to the City Commission from the Zoning Board's decision to continue the approval of the Special Exception granted on July 16, 1984, pursuant to Resolution ZB 55-84; and WHEREAS, the City Commission after careful consideration of this matter finds that the conditions and requirements of Resolution ZB 55-84 have been met; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAM I, FLORI DA : CIZ'4 IAEM114 v FED g7 tgn J01#A(Ali 01► ,61MakImitl3id f■I A CIA TTEM #2 Section 1. The decision of the Zoning Board in continuing the approval of the special exception granted on July 16, 1984, pursuant to Resolution ZB 55-84, thus permitting continued occupancy of one private pleasure craft as living quarters in connection with a vacant lot located at 960 Northeast 78th Street, also described as Lot 5, Block 22, Shore Crest (10-23) P.R.D.C., subject to a review two years from December 16, 1985 by the Zoning Board for continued maintenance and cleanup of site is hereby affirmed. PASSED AND ADOPTED this 27th day of FEBRUARY , 1986. AVIER L. SU Z, MAYOR ATTEST: MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: Aj,40�1,' 111!t�14t-'i G . • MI RIAM MAER ASSISTANT CITY ATTORNEY APPROVE S TO RM AND CORRECTNESS: L IA A. Doi CITY ATTORNEY GMM:bss:P056 ti isoWo A Ift IkIA01:441.1 i -RCM CIT.'! cr Nun,1.0,-�_L;.'.C„ A(sw�%'A ITEM #2 Honorable Mayor Xavier L. Suarez February 24, 1986 Houseboats Cesar H. Odio City Manager k, Y In response to the Mayor's request of January 23, 1986, for a study of houseboats as dwelling units, the Planning Department presents an evaluation supporting existing procedures; but also offers possible policy options for consideration should the Commission decide to direct that Zoning Ordinance amendments be prepared. The presence of houseboats on the Miami River or Biscayne Bay does not create apparent problems for residents and owners. Only on a portion of the Little River Canal have neighbors effectively argued that the houseboats, used as dwelling units, threaten property values and the quality of life of surrounding residential areas. A considerable number of the complaints seemed to be based on the way these houseboats are kept or maintained, whether they have appropriate permits to operate, and their concentration on the particular area. The present limitations contained in Zoning Ordinance 9500 stipulate that houseboats used as dwelling units are not permitted uses, but permissible on vacant lots and under special exception provisions that only allows them to be granted after a public hearing has been held with notice to affected property owners. As you know, these public hearings allow both proponents and opponents to have an opportunity to present their case before the Zoning Board, who must decide on the most desirable and acceptable solution, based on the terms of Zoning Ordinance 9500. This decision can then be appealed to the City Commission. This procedure is especially helpful in situations such as that existing in the Little River Area, which has different zoning classifications along the Canal. Residents of that particular area (Belle Meade), where these vessels may create problems, have the opportunity of expressing opposition. The case presented to the City Commission during the meeting of January 23, 1986 (Item #9) became a complicated issue because the residents of Belle Meade did not organize to express their opposition in the public hearing when the original approval was granted by the Zoning Board on July 1984, and they did not appeal the decision within the stipulated time (they argue that their right to appeal that decision has not expired.) Now, a review of the original approval has been requested to decide if the original applicant complied with the conditions contained in the Special Exception of 1984. 86-155_ Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL iL r RMATION cI T of �,,,��.,�, ��o i� , V �A ITEM #2 Honorable Mayor Xavier L. Suarez "� February 24, 1986 Houseboats VRO" Cesar H. Odio City Manager In response to the Mayor's request of January 23, 1986, for a study of houseboats as dwelling units, the Planning Department presents an evaluation supporting existing procedures; but also offers possible policy options for consideration should the Commission decide to direct that Zoning Ordinance amendments be prepared. The presence of houseboats on the Miami River or Biscayne Bay does not create apparent problems for residents and owners. Only on a portion of the Little River Canal have neighbors effectively argued that the houseboats, used as dwelling units, threaten property values and the quality of life of surrounding residential areas. A considerable number of the complaints seemed to be based on the way these houseboats are kept or maintained, whether they have appropriate permits to operate, and their concentration on the particular area. The present limitations contained in Zoning Ordinance 9500 stipulate that houseboats used as dwelling units are not permitted uses, but permissible on vacant lots and under special exception provisions that only allows them to be granted after a public hearing has been held with notice to affected property owners. As you know, these public hearings allow both proponents and opponents to have an opportunity to present their case before the Zoning Board, who must decide on the most desirab.le and acceptable solution, based on the terms of Zoning Ordinance 9500. This decision can then be appealed to the City Commission. This procedure is especially helpful in situations such as that existing in the Little River Area, which has different zoning classifications along the Canal. Residents of that particular area (Belle Meade), where these vessels may create problems, have the opportunity of expressing opposition. The case presented to the City Commission during the meeting of January 23, 1986 (Item #9) became a complicated issue because the residents of Belle Meade did not organize to express their opposition in the public hearing when the original approval was granted by the Zoning Board on July 1984, and they did not appeal the decision within the stipulated time (they argue that their right to appeal that decision has not expired.) Now, a review of the original approval has been requested to decide if the original applicant complied with the conditions contained in the Special Exception of 1984. 86-155_ Recommendation The Planning Department recommends that no change be made to the present procedures and district regulations to control houseboats within given areas of the City because a balance exists now which not only provides a fair opportunity for individuals who seek to use a houseboat as a valid solution to a housing problem, but also allows owners and residents of neighboring areas the opportunity to oppose that use. Other alternatives left open may be: 1. To ban houseboats as dwelling units within the City limits. In order to ban houseboats, one must consider the negative effect that it may have on the Miami River and or Biscayne Bay, where houseboats have been perfectly acceptable and compatible as another form of housing. 2. To ban houseboats as dwelling units within areas zoned for residential use. In principle, the residential activity is the main purpose for such districts and to discriminate against a valid dwelling unit could be inconsistent; on the other hand, the City Commission could find that such type of housing could create a negative impact on the particular areas where they are or could be located, and as such make a policy decision that houseboats should not be allowed in residential districts. 3. To ban houseboats as dwelling units from a specific area of the Little River Canal by creating a special district. Two caveats should be kept in mind. A special district to ban houseboats as dwelling units in one area (Little River), while allowing them in other areas (e.g. Dinner Key), would appear to be treating identical situations in an inequitable manner. Secondly, the existing zoning provisions provide the residents and property owners with the ability to object to houseboats within their area; and to create an additional overlay district would, for this purpose, be redundant. The Planning Department supports the present Zoning Ordinance provision for houseboats requiring special exception and public hearing, but upon direction from the City Commission, the Planning Department will prepare Zoning Ordinance amendments following any of the above options. CC: Vice Mayor Miller Dawkins Commissioner J. L. Plummer Commissioner Joe Carollo Commissioner Rosario Kennedy SE�'irJ� Recommendation The Planning Department recommends that no change be made to the present procedures and district regulations to control houseboats within given areas of the City because a balance exists now which not only provides a fair opportunity for individuals who seek to use a houseboat as a valid solution to a housing problem, but also allows owners and residents of neighboring areas - the opportunity to oppose that use. Other alternatives left open may be: 1. To ban houseboats as dwelling units within the City limits. In order to ban houseboats, one must consider the negative effect that it may have on the Miami River and or Biscayne Bay, where houseboats have been perfectly acceptable and compatible as another form of housing. 2. To ban houseboats as dwelling units within areas zoned for residential use. In principle, the residential activity is the main purpose for such districts and to discriminate against a valid dwelling unit could be inconsistent; on the other hand, the City Commission could find that such type of housing could create a negative impact on the particular areas where they are or could be located, and as such make a policy decision that houseboats should not be allowed in residential districts. 3. To ban houseboats as dwelling units from a specific area of the Little River Canal by creating a special district. Two caveats should be kept in mind. A special district to ban houseboats as dwelling units in one area (Little River), while allowing them in other areas (e.g. Dinner Key), would appear to be treating identical situations in an inequitable manner. Secondly, the existing zoning provisions provide the residents and property owners with the ability to object to houseboats within their area; and to create an additional overlay district would, for this purpose, be redundant. The Planning Department supports the present Zoning Ordinance provision for houseboats requiring special exception and public hearing, but upon direction from the City Commission, the Planning Department will prepare Zoning Ordinance amendments following any of the above options. CC: Vice Mayor Miller Dawkins Commissioner J. L. Plummer Commissioner Joe Carollo Commissioner Rosario Kennedy 8(;- rJs CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE January 14, 1986 F'LE of the City Commission SUBJEC' RESOLUTION - APPEAL BY OBJECTORS CONTINUED APPROVAL OF SPECIAL EXCEPTION GRANTED BY ZONING BOARD FROM Cesar H. Odio REFERENCES 960 NE 78 STREET City Manager ENZLOSURES COMMISSION AGENDA - JANUARY 23, 1986 PLANNING AND ZONING ITEMS It is recommended that a review be made of the Zoning Board's decision granting continued approval of the Special Exception granted on July 16, 1984 (Resolution ZB 55-84) allowing the occupancy- of one private pleasure craft as living quarters as a principal use at 960 NE 78 Street. The Zoning Board, at its meeting of December 16, 1985, Item 1, following an advertised hearing, adopted Resolution ZB 166-85 by an 8 to 0 vote, granting continued approval of the Special Exception granted on July 16, 1984 (Resolution ZB 55-84) allowing the occupancy of one private pleasure craft as living quarters as a principal use at 960 NE 78 Street, also described as Lot 5, Block 22, SHORE CREST (10-23) P.R.D.C., as per site plan on file, in connection with the vacant lot previously described, said approval subject to maintenance and clean up of the site and a review for compliance six (6) months after the date of issuance of a Certificate of Occupancy. The granting of the continued approval is subject to a review two (2) years from December 16, 1985 for continued compliance of maintenance and clean-up of the site; zoned RS-2/2 One -Family Detached Residential. Seven objections received in the mail; twenty-three opponents present at the meeting. Twelve replies in favor received in the mail; Seven proponents present at the meeting. Backup information is included for your review. A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL 1 I 86 155 .. t ZONING FACT SHEET LOCATION/LEGAL 960 NE 78 Street Lot 5 Block 22 SHORE CREST (10-23) P.R.D.C. OWNER/APPLICANT Caroline E. Gaynor (Power of attorney) 960 NE 78 Street Miami, FL 33138 Phone #754-2656 Margaret C. Eagan Forest Avenue Rye, New York 10850 Phone #(914) 967-2070 ZONING RS-2/2 One -Family Detached Residential REQUEST Special Exception as listed in Ordinance 9500, as amended, Schedule of District Regulations, page 1 of 6, RS-2 One -Family Detached Residential; Permissible Only by Special Permit, to allow the occupancy of one private pleasure craft as living_ quarters as a principal use on above site, as per site plans on file, in connection with the vacant lot previously described. RECOMMENDATIONS PLANNING DEPT. APPROVAL SUBJECT TO CLEAN UP AND MAINTENANCE OF e proposal meets the requirement o TRe zoning ordinance. Many similar types of occupancy exist along this segment of the Little River Canal and therefore this use will not be at odds with the surrounding land use and development. PUBLIC WORKS No dedication is requested. ZONING BOARD At its meeting of July 16, 1984 the Zoning Board adopter: resolution ZB 55-84 by a 7-0 vote granting the abov•: subjact ;,n •Lintenance and cleanup of 'ne si :: a.id a review six (5) ,aonths after the date of issuance of the Certificate of Occupancy. RNI:W 9Y ZONING 30ARJ Jc.»er 21, 1935 PLANNING DEPARTMENT APPROVAL OF A ONE YEAR EXTENSION OF TIME. PUBLIC WORKS No dedication is required. DADE COUNTY TRAFFIC & TRANSPORTATION No comment. ZONING BOARD At its Meeting of October 21, 1985 the Zoning Board adopted Resolution ZB 144-85 deferring the above for all property owners to be given a courtesy notice of the review. At its meeting of December 16, 1985, the Zoning Board adopted Resolution ZB 166-85 by an 8 to 0 vote, continuing approval of the Special Exception granted on July 16, 1984 (Resolution ZB 55-84). APPEAL Letter dated December 23, 1985 CITY COMMISSION At its meeting of January 23, 1986, the City Commission deferred action on the appeal. iil�♦ �iir a t. 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E . 75 S T. 3 g t+ 2 3 4 5 6 W 1� ZB June L, 1984 1 �S 9 aI 16 4fir1 \F 78 rL. t 25 ;24 as L2 « .:.7�".. � �T�-ae'Ir-. �.. �"°�"Cjr h1�{=+• _7� � �-t'.!'t_,.•^••• �� -•g ' '� �•x ( ^� L�+�E r�C�M� ' . - _ iy. i."�r w] �. �V fit 4_ •-1 �. .,�-:.� 4p' tA vp - .I '''.� -SFr ��-^.y�h � - - _. • . ,� • r iy. .�•• -A.• -f �• 1 J•w ,,� �r t.i<„� � F �. w ,w •tom 1 .r4 ..,y`i',�..i`_� �-��•���.+,�k�• � '- � . I' � � .` 't - r'`ilr� 1 �'• 4, '�1-`.!'fir'' .���'. yf �.•�+ �'- . \ � (( .' ,.yam'. ` C�..� � • r[' • a; . ,.� ,, "`•�,� . •` - �• �, � .r 'mac. F. L s � - � :i. �. -... t ,JI.1• f }� i'�. !r . _ -, , ' q ji.. �!, y '�y. -.:� ,� - :.mac I�W�. �♦ tMti �-�'�^• ` �" '�._..[.! �... _ H��:! i a I - �F1,4 .�� i1 • i T- a •15rI+r - --` I jlk 14 ... .�.�y T� r - .l � 1. _ � �� � r 4</•. -. ' • • y �� _ �,,:��:. ! }�, • - �l ++...•tia _•� r, r/ r r -:.s_ Tom_ �nJ '� _ o•; -`„ti av ,'4i .'yam!" _ --r :' _ r. p . 'i - /.' :r �=r•�fr�f��r-� '��~ _ _ � � � , : �.: � A * jr. • 4 �. 1. • _o..i•34- � .t:,.. it 3 f i December 23, 1985 ✓ff&;z .; =Lft-a& c9�91c9d� Mr. Aurelio Perez-Lugones Director of Planning and Zoning Board Administration 275 N.W. 2 Street Room 226 Miami, FL 33128 IN RE: Item 1: 7:00 PM, December 16,1985 Meeting of Miami Zoning Board Special Exception: Lot 5 Block 22 Shorecrest (10-23) P.R.D.C. Dear Mr. Perez-Lugones: This correspondence is to serve as a Notice of Appeal to the Miami City Commission concerning the decision of the Miami Zoning Board on December 16, 1985 in the above referenced matter. The Zoning Board decided to extend the granting of a Special Exception to a houseboat resident for two more years, during which time the applicant may try to substantially comply with the site plan which was the original basis for the granting of the Special Exception. Compliance was to take place within a maximum of one year. This appeal is also grounded on the allegations that the Board based its decision on erroneous information supplied by Staff and the Petition when the special exemption was originally granted and on the Board's failure to properly consider the general purpose of the zoning ordinance -- that being to protect adjoining properties and the neighborhood from avoidable adverse effects associated with the granting of said petition. The decision of the Board allows the continuation of a use which has been and will be detrimental to the neighborhood. Therefore, this appeal by interested parties and neighbors affected by the Special Exception asks that the Special Exception be revoked. very truly yours, BELLE MEADE ISLAND HOMEOWNERS ASSOCIATION 1169 Belle Meade Island Helen Pell Secretary Enc. Check #170 of 12-23-85 for $300.00 to City of Miami �� 1ST• M » APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE-83- Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions. (See Article 26.) Formal public notice and hearing is not mandatory for Class D Special Permits, but is mandatory for Special Exceptions. In other respects, these classes of special permits are the same. The Zoning Board shall be solely responsible for determinations on applications for Class D Special Permits and Special Exceptions. All applications in these classes of special permits shall be referred to the director of the Department of Planning for his recommendations and toe director shalt make any further ref errals required by these recalations. 11 I hl I, = hereby apply to the City of Miami Voning Board Tor apprgv I of, check one: Class D Special Permit V""Special Exception Gl for property located at 9 - -7(• Miami. ' Nature of Proposgd Us�pecific)Q Y u4A16 7e 0 I of 3 sip.,. ,�,� � r,.7t7 r44', -� 1,4 'tole, J47L,- 14*lt WA, ,..j Zrvc G.e"P nay. I attach the following in support or explanation of this application: l/ I. Two surveys of the property prepared by a State of Florida Registered Land Surveyor. v�2. Four copies of: site plan showing (as required) property boundaries, existing and proposed structure(s), parking, landscaping, screening, etc; building elevations (if required) with dimensions and computations of lot area (gross and net), LUI ratios (open space, floor area, parking, etc.), building spacing and height envelope. See Section 2304.2.1(c). L 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to application.). ✓4. Certified list of owners of realestate within 375' radious from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application). V" 5. At least two photographs that show the entire property (land and improvements). . 6. Other (Specify) oe 7. Fee of $ Y06)y , based on following: (a) Class D MOM 0.00 (b) Special Exception (c) Surcharge equal to applicable fee from (a) or (b) above not to exceed $400; to be refunded if there is no appeal (City Co Section 62 ). Signature wrier or Aut orize ent Name f- AddressAQ 1V City, State, Zip_ i I '�.� S313� Phone _C sa5.) 7_.�G5G STATE OF FLORIDA) SS: COUNTY OF DADE ) , being g duly u y deposes and says that he is the wner aut ed agent of the real property described above; that he has read the foregoing answers d that the some are true and complete; and (if acting as agent for owner) that he has authority to execute this application form on behalf of the owner. Form 10-83 Page 2 of 3 eG-sss . g B SWORN TO AND SUBSCRIBED before me this -7 vim- day of 1918. MY COMMISSION EXPIRES: Form 10-83 L ( r (SEAL) Name Z,�VvL,�, Notary P lic, State of Florida at Large Page 3 of 3 18GvM55, • SPn'I z, CF F C,-UZA ) SS. COLRM Y OF DARE ) A F F 1 0-A- I T 6 Before me, the undersigned authority, this day personally Ci appeared of' ,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 acc - y'ing application for a public hear-ing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as descr gibed 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 cc.,. lete perr-..:ssicn for him, to act in their behalf for the c�:. ze or nod_.fication of a classification or regulation of zoning as set cut in the ac=77a.^yi.ng petition. 3. That the pages attached hereto and made a part of t'ris affidavit contain the au:. --rent names, ma, l ; ng addresses, phone n.:,-: ers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts as represented in the application and do.=—.ents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. I • �G � (SE") (Names v Sworn to and Subscribed before me this �` day of `` �24±aa 19 �U Notary Publi , State of Florida at Large MY Cc-mdssion Expires: NOT - '"OF 10 c.4E'R's '_:5T owner's Name sailing address a Nf Telephone Number Legal Description: � 22 ` /'! � !v, �. 2S Owner's Nane Mailing Addr Telephone Nu Legal Description: � � CA, az nY-e— Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally -;rroration, partnership or privately) within 315' of the subject s listed as follows: M street Address Legal Descriotion street Address >treet Address Legal Descriotion Legal Description 4 t 1 ' DI5C1-GSUFE OF CT^NERSHIP 1. Legal description andV a2 ap bject �e/d property: tv_ 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties aving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. b,' t�,i,4 a,,, C-Lej ( JlLA- Caroline E. Gaynor Margaret C. Eagan 960 NE 78th Street and Forest Avenue 3. M Legal description and street' address0of any real property (a) owned by any party listed in answer to question f2, and (b) located within 375 feet of the subject real property. Q OWNER OR ATMFIgEY FCR "ER STATE OF FLORIDA ) SS: CWi,IrY OF DADE ) L,being duly sworn, deposes and says that ne is the (C:wm r) Qpttorney or Owner) of the real property described in answer to question 01, 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 Ownership form on behalf of the owner. / (SEAL) SWOFI TO AND SUBSCi2IBED before me this day of _ hctary Pu ic, State of Florida at Large NOT-.PY PUELIC STATE OF FLORIDA MY COMKJSSION E?XIkFS: YV•K.Cy itii... �.:�.[F.'4i I:.SU�.AN�: UND . i (ove r ) t; j.; POWER OF ATTORNEY RAMCO FORM AS Power Of '•I �1 Rttorney t i I Know Rll Men By These Presents That I = _ a 1 `• spy .� • . u.", .., i have made, constituted and appointed, and by these presents do make, eonstilute and ap- point �ar-)line .aynor '7 s , om} true and M lawful attorney for and in name, place and stead,/ t0 e 7y y appear �efore he Toning 3card of the Cit;r• of ;:ia:^i to request a Special {ce;:tion -s per �o;ning �,rdinance 9500, as a ;ended, property :,Hewn as nth Ctreet, Miami, �ade County, clor-4, legally described as: Lot j, 3lock 22, of whore Crest Subdivisicm, tat 3ock 10, at 23 0f the public ?ec0rds 0i Lade ::,0unty : l:rida, and t0 prepare a,-d file all necessary docu..lents for such SDcl _:,XC?ction. giving and granting unto 4aroline E. saynor said attorney full power t and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, a$ _ might or could do it personally present, with full power of substitution and revocation, hereby ratifying and confirm- ing all that :aroli-e. E. 'ayncr, said attorney or as substitute shall lawfully do or cause to be done by virtue hereof. s In witnesshrrevf, I have hereunto set hand and Zseal the % day of w Al • in the year one thousand nine hundred and gT, Sealed and delivered in the presence of `1_7 f Stw Of :,ew -crk County Of ;es ehes ter I;t It X40W11, That on the l9 r day of roAl one thousand nine hundred and e I �fl ' , bef ore me. %TO MAI , A744TI V a Notary Public in and for the State of WC14J yiD*e/< E CtA�P�++ITER �u� .BRaNkj duly commissioned and sworn. dwelling in the -YYC AJ,Y personally came and appeared 6i9-R�% C + 6�� Nl� to me personally known, and known to me to be the same person described in and who executed the within power of attorney, and that she acknowledged the within power of attorney to be her act and deed, In UUMOny j9hert0f, I have hereunto subscribed my name and affixed my seal of ofce the day and year last above writtop"'s � -rr T y y os-rrss7ss ,. Qwtrw a s CAMOMM" KV410 Nook so, 19 . . Mir. Guillermo Freixas offered the -following Resolution and moved its adoption. RESOLUTION ZB 55-84 AFTER CONSIDERING THE CITY'S FINDINGS AND RECOMMENDATIONS AND THE PROPOSALS OF THE APPLICANT, THE ZONING BOARD ADOPTED RESOLUTION ZB 55-84 GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS-2 ONE -FAMILY DETACHED RESIDENTIAL; PERMISSIBLE ONLY BY SPECIAL PERMIT, TO ALLOW THE OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING QUARTERS AS A PRINCIPAL USE AT 960 NE 78 STREET, ALSO DESCRIBED AS LOT 59 BLOCS{ 22, SHORE CREST , (10-23), AS PER SITE PLANS ON FILE, IN CONNECTION WITH THE VACANT LOT PREVIOUSLY DESCRIBED SUBJECT TO MAINTENANCE AND CLEANUP OF THE SITE AND WITH A REVIEW SIX (6) MONTHS AFTER THE DATE OF ISSUANCE OF THE CERTIFICATE OF OCCUPANCY; ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL. THIS SPECIAL EXCEPTION HAS A TIME LIMITATION OF SIX (6) MONTHS IN WHICH A CERTIFICATE OF OCCUPANCY MUST BE OBTAINED. Upon being seconded by Mr. Alvaro Romero, the motion was passed and adopted by the following vote: AYES: GIs. Basila Messrs. Gort, Romero, Freixas, Moran-Ribeaux, Channing and Sands NAYES: None. ABSENT: Messr. DeYurre R 4 Mr. Perez-Lugones: Motion carries 7-0. r i d t i } P 8 1 July 16, 1984, It liss . Zoning Board / PIP TO THE CITY OF M IAM I ZONING BOARD June 4,1984 NOTEt This list represents 11 Homeown�r. Date_ petition against granting a special permit to allow occupancy of one private' pleasure craft as a principal. use at 960 N.B. 78th. street. Described as+ Lot 5 Block 22 Shore Crest (10-23) This petition is being made by the following Home Owners and Residents of Belle Meade Island on the following groundst 1. Live aboard boats are generally unsightly. 2. They,will detract from the attractiveness of Belle Meade Island. 3.Will further depreciate the property values of Belle Meade Island which are now in a depressed state due to the deterioration of the surrounding areas such as Biscayne Boulevard. I.E: Such as the former Roderick's Motel at N.T. 76th Ste and Biscayne Boulevard which is presently vacant and apparently being vandalized and also has become a refuge of vagrants and protitutes. 4. We further claim that granting permission for further live aboard boats could possibly create a domino effect and allow more live aboard boats on the 78th street side of Belle Meade Island. There is presently a live aboard boat at 960,970 and 980 N.E. 78th St. It appears that both 960 and 970 are empty lots. However there is a residence on the lot at 980 and we believe this to be in violation of the Zoning laws. On these grounds we respectfully ask the board to deny this live aboard request for 960 N.E. 78th. St. and further investigate the legality of the live aboard boats at 970 and 980 N.E. 78th. St. f t1rwr'• Now Owner's Address - _,� , —_ - -T • l s Joc,�s �ss8e-Je- M' �. C Z 0 P�„ kel, r q PtL�c1 ���3 Ono tot..`, ���, #45pjh K IV, �e'- TN r.d loins$ -I I�-et Ql5 13e1ie 1�tad�iS 1 100 �y' }�'� �a i \ J.v-�1. ,,.•.. '� , .1 � iL_ ? • / i 7, r M- tt_ i c '7: 1 l c 1 ' 13 TO THE CITY OF MIAMI ZONING BOARD Date June 4.1984 NOTEt This list represents 17 Homeowners Petition against granting a special permit to allow occupancy of one private pleasure craft as a principal use at 960 N.B. 78th. street. Described ast Lot 5 ' Block 22 r Shore Crest (10-23) This petition is being made by the following Home Owners and Residents of Belle Meade Island on the following grounds: 1. Live aboard boats are generally unsightly. 2. They will detract from the attractiveness of Belle Meade Island. 3.Will further depreciate the property values of Belle Meade Island which are now in a depressed state due to the deterioration of the surrounding areas such as Biscayne Boulevard. I.Et Such as the former Roderick's Motel at N.B. 76th at. and Biscayne Boulevard which is presently vacant and apparently being vandalised and also has become a refuge of vagrants and protitutes. 4. We further claim that granting permission for further live aboard boats could possibly create a domino effect and allow more live aboard boats on the 78th street side of Belle Meade Island. There is presently a live aboard boat at 960,970 and'980 N.E. 78th St. It appears that both 960 and 970 are empty lots, However there is a residence on the lot at 980 and we believe this to be in violation of the Zoning laws. On these grounds we respectfully ask the board to deny this live aboard request for 960 N.E. 78th. St. and further investigate the legality of the live aboard boats at 970 and 980 N.E. 78th. St. hews Owner's Address cce�ll+v w mac, �Ai•.,��.s , •I ArAl &L L &11WAloJA Ze YJ- -?CAZE — • /'1R S. ff'd-a" / S. cT Y4 134A .d a LGi /�1� 0 -� O " 4 3/ ? . ` 7%owr.s E. /nq Ya /07o--- // 3 3 Ac AP A e.�� .P . �� 4, ;0/ ,P 77a o t , tr • K L ,-1 S 2 a cl�. Cawo v+o\ ' -7 3 -S 13 • M H L r 06 �; ti l(s: 1`'tc ��' .) ti �' K /�'iR5 C��SD TO THE C''ITY OF M IAM I ZONING BOARD Date June 4.1984 NOTEi This list represents 9 Homeowners. Petition against granting a special permit to allow occupancy of one private pleasure craft as a principal use at 960 N.E. 78th. street. Described ast Lot 5 ' Block 22 Shore Crest (10-23 ) This petition is being made by the following Home Owners and Residents of Belle Meade Island on the following grounds: 1. Live aboard boats are generally unsightly. 2. They will detract from the attractiveness of Belle Meade Island. 3.Will further depreciate the property values of Belle Meade Island which are now in a depressed state due to the deterioration of the surrounding areas such as Biscayne Boulevard. I.Et Such as the former Roderick's Motel at N.B. 76th at. and Biscayne Boulevard which is presently vacant and apparently being vanda;ised and also has become a refuge of vagrants and protitutes. 4. We -further claim that granting permission for further live aboard boats could possibly create a domino effect and allow more live aboard boats on the 78th street side of Belle Meade Island. There is presently a live aboard boat at 960,970 and 980 N.B. 78th St. It appears that both 960 and 970 are empty lots. However there is a residence on the lot at 980 and we believe this to be in violation of the Zoning laws. On these grounds we respectfully ask the board to deny this live aboard request for 960 N.E. 78th. St. and further investigate the legality of the live aboard boats at 970 and 980 N.B. 78th. St. AS—d ■■ Ll tow - t CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Juan Gonzalez DATE September 25, 1985 FILE Chief Zoning Inspector SUBJEC- Status Check of Zoning Board Approval of Special Exception for 960 NE 78 Street FROM Gloria Fox REFERENCES Assistant Director Planning and Zoning Boards ENCLOSURES Administration Department The following property has been granted approval by the Zoning Board subject to a review six (6) months after the date of issuance of the Certificate of Occupancy. Would you please inspect the following property for compliance and assurance that the immediate neighborhood is not experiencing any deterioration or problems as a result of this approval. Please advise us of the status no later than Thursday, October 10, 1985. This item has been scheduled for the October 21, 1985 Zoning Board meeting. Caroline Gaynor To Grant the Special Exception as listed in 960 NE 78 Street Ord 9500, as amended, Schedule of District Regulations, page 1 of 6, RS-2 One -Family Detached Residential, Permissible Only by Special Permit, to allow the occupancy of one private pleasure craft as living quarters as a principal use on Lot 5, Block 22, SHORE CREST (10-23), as per site plans on file, in connection with the vacant lot previously described subject to maintenance and cleanup of the site and with a review six (6) months after the date of issuance of the Certificate of Occupancy. This Special Exception has a time limitation of six (6) months in which a Certificate of Occupancy must be obtained. Status: ri T, - .0, IC -Ile 97/ ILWle,� /A , d 10- 171*le !/i E//vdoiT� i g n e d/ Nate GF:111 J R* . CITY OF MIAMI BUILDING PERMIT THIS CARD NJUST PE PROMINENT Y DISPLAYED ON JOB SITE OWNER ' CONTRACTOR ADDRESS Building Inspections 579-6822 FOR INSPECTION SERVICE: CALL Electrical Inspections 350-7986 FROM 9 A.M. TO 4 P.M. THE DAY Fire Inspections 579-6307 BEFORE THE INSPECTION IS NEEDED Mec ang I Inspections 350-7996 Ptumbin Inspections 579-6812 Zoning Inspections 350-7852 INSPECTIONS WILL BE MADE ON THE FOLLOWING WORK DAY WHERE POSSIBLE. THE PERMIT HOLDER OR HIS AGENT SHALL NOTIFY THE FIRE. RESCUE AND INSPECTION SERVICES DEPARTMENT AND RECEIVE INSPECTION APPROVAL BEFORE PROCEEDING BEYOND THE REQUIRED INSPECTION STAGES. MANDATORY INSPECTIONS FOUNDATION INSPECTION: TO BE MADE AFTER NECESSARY EXCAVATIONS HAVE BEEN MADE. FORMS ERECTED. REINFORCING STEEL PLACED, LINE AND GRADE ESTABLISHED. PILE INSPECTION. TO BE MADE DURING THE DRIVING OF THE PILES AND AFTER ALL PILES ARE DRIVEN AND FORMS AND REINFORCING STEEL ARE IN PLACE AND TIED, BUT BEFORE PLACING ANY CONCRETE. A CERTIFIED PILE LOG SHALL BE SUBMITTED TO THE BUILDING OFFICIAL BY THE SUPERVISING ENGINEER. REINFORCING INSPECTION: (SLABS. COLUMNS. BEAMS, ETC.,) TO BE MADE AFTER FORMS ARE ERECTED, REINFORCING STEEL ACCURATELY PLACED AND TIED AND AREA TO RECEIVE CONCRETE. CLEANED AND CLEANOUTS PROVIDED WHEN REQUIRED, ALL PIPING AND DUCT WORK IN AN AREA TO RECEIVE CONCRETE SHALL BE INSPECTED AND APPROVED BY THE INSPECTOR HAVING JURISDICTION PRIOR TO A CALL FOR BUILDING INSPECTION. FRAME INSPECTION: TO BE MADE AT EACH FLOOR LEVEL AND AFTER ALL FRAMING, FIRE BLOCKING, FURRING, AND #j BRACING ARE IN PLACE:AND PLUMBING AND ELECTRICAL WORK ARE ROUGHED IN. LATHANDPLASTERWORK MAYNOTBE STARTED UNTIL ALL ROUGH ELECTRICAL. PLUMBING, AND MECHANICAL INSTALLATIONS ARE INSPECTED AND APPROVED BY THE DIVISION INSPECTORS. LATH INSPECTION: MADE AFTER LATHING BUT BEFORE PLASTERING. DRY -WALL INSPECTION: MADE AFTER DRY -WALL IS ERECTED, BUT BEFORE NAILS OR FASTENERS ARE COVERED. CURTAIN -WALL, WINDOW, SLIDING -GLASS DOOR INSPECTIONS: TO BE MADE AT EACH FLOOR LEVEL AFTER UNITS ARE INSTALLED, BUT BEFORE ATTACHMENT AND CONNECTORS TO THE BUILDING FRAME ARE CONCEALED. INSULATION INSPECTION: TO BE MADE AFTER INSTALLATION OF INSULATING MATERIALS AND PRIOR TO THEIR BEING COVERED UP. OTHER INSPECTIONS: TO BE MADE AS THE OWNER OR CONTRACTOR OR BUILDING OFFICIAL MAY REASONABLYREQUEST. FINAL INSPECTION: TO BE MADE AFTER THE WORK 1S COMPLETED AND THE STRUCTURE IS READY FOR OCCUPANCY. SUBMIT A LIST OF SUBCONTRACTORS. SPECIAL INSPECTION: TO BE MADE OF ALL MECHANICAL INSTALLATIONS, SIGNS, AND AWNINGS IMMEDIATELY UPON COMPLETION AND AT SUCH INTERVALS DURING THE PROGRESS OF THE WORK AS THE BUILDING OFFICIAL OR THE CODE MAY REQUIRE. NOTICE THIS BUILDING MUST BE FINAL -INSPECTED AND A CERTIFICATE OF OCCUPANCY ISSUED BEFORE IT IS OCCUPIED. THIS PERMIT DOES NOT COVER INSTALLATION OF ELECTRICAL, PLUMBING, ROOFING, BOILER, ELEVATOR, OR MECHANICAL WORK. SEPARATE PERMITS MUST BE SECURED FROM THE PROPER DIVISIONS BEFORE ANY WORK INVOLVING THESE INSTALLATIONS IS BEGUN. NO INSPECTIONS WILL BE MADE UNLESS THE APPROVED PLANS ARE ON THE JOB. PRESERVE THIS RECORD OF YOUR BUILDING INSPECTIONS • This card must be posted in a conspicuos place at or near the main entrance to the new building, addition or alteration during foundation and framing construction and picked up at time of final inspection by designated City Official. • When the building is framed this card may be posted at the electric meter service box or the garage, and must always be available to the building inspector. • Unless specifically identified u a single stop (all trades) permit, the issuance of a building permit does not authorize the installation Of work such as roofing, plumbing, electrical work, heating, air conditioning and refrigeration, central heating and ventilation. wells septic tanks, boilers, pressure vessels, paving, moving of structures, installation of signs, awnings, etc., which all require seperate permita. • Building permits shall expire 160 days from date of issuance if the work permitted thereunder has not been commenced. Such Permit Mall also expire if the building or work authorized by such permit is suspended or abandoned for a period of 180 days after work commences or from data of last inspection. KEEP THIS COVER CLOSED � FAILURE TO PROPERLY PROTECT AND MAINTAIN THIS CARD MAY RESULT IN tp _-� L CITY OF MIAMI Y BUILDING -"RMIT AND INSPECI.JN RECORD PRESERVE THIS RECORD OF YOUR BUILDING INSPECTIONS WORK COVERED BY THIS MfT: DATE - 7 PERMIT NO. cTQlIrT110A1 INSPECTInNS INSPECTIONS • • ii ly a, DI IN[: INSPECTIONS FAM INSPECTIONS DATE COMMENTS I SPECTOR FINAL Cl CrTOIrAI IlUCDFrTIn1dC INSPECTIONS DATE COMMENTS INSPECTOR FINAL UIRMAANlrAl INCDErTInNS INSPECTIONS DATE COMMENTS INSPECTOR FINAL FIRE PREVENTION INSPECTIONS INSPECTIONS DATE COMMENTS INSPECTOR FINAL I I i I ZONING INSPECTIONS INSPECTIONS DATE 'COMMENTS INSPECTOR FINAL OCCUPANCY OF THIS BUILDING BEFORE FINAL INSPECTIONS ARE MADE AND ZONING OCCUPANCY PERMIT OBTAINED IS A VIOLATION OF ORDINANCES OF CITY OF MIAMI INSPECTORS WILL NOTE ON REVERSE SIDE ANY MAJOR ITEMS INSPECTED p, 0 7 Jl►- I BUT NOT LISTED ABOVE %,i f f 749 lot') v' s i r9 Nr re T o s /1 y T /0- h e .f='�,-�, s S �(� Z♦ f 1 ✓ +L�� C O u.,d j� ,/� ! ,r "t. :� � f w [ �./+ci/Q. r j',y / J rA A x %`� ,� "- 11 �' t/ t (1/ 7 ,rl 4 t� �L. li c/t( z ♦ J / A r Gt/� d/Y �♦ w7i� v t /f, ?'%J % % © /Pn /y .�i / •� /`mot 1 tV, r�`!1 � �/'i "_ � /-r ♦�t do �3 c Jb Pf /Z, . R . jl�,q t I'D F .i i n 4 .5ZPr+idm ?J1J6) TO: City of Miami Zoning Board members: December 13, 1985 Wilfredo Gort, Chairman Osvaldo Moran-Ribeaux, Vice Chairman Members: Alvaro Romero, Gloria Basila, Jon. H. Channing, George L. Sands, Guillermo Freixas, Lorenzo Luaces, Arsenio Milian (alternate) SUBJECT: Public Meeting at 7:00 PM Monday, December 16,1985 re: 960 N.E. 78 Street Lot 51 Block 22 Shore Crest (10-23) P.R.D.C. REVIEW OF SPECIAL EXCEPTION GRAMD 7/16/85 Madam and Gentlemen: We of the Belle Meade Island and Shorecrest area are to appear before the Miami Zoning Board to ask you to refuse your final granting of the temporary exception granted to Carolyn Gaynor to allow the docking of a houseboat to be used as a residence at the above address. We feel the Board based its original decision on erroneous information supplied by Staff and the Petition. A subsequent petition granted by the zoning board to another applicant to add yet another houseboat in the area was OVERTURNED by the Miami City Commission just last month. Eviction of the third houseboat in the area is now being worked on by Juan Gonzales of the City Zoning Department. We further charge that Ms. Gaynor has not complied with her site plan as submitted to this Zoning Board. We enclose the following for your attention: 1. Map of the area. The colors correspond with petitioners both for and against the granting of this special exemption. The lot in question is marked in black dots. Those neighbors in accordance with the granting of this review are marked in green. Those of us opposed are colored in red. 2. Petition lists to support this map. Signatures are accurate and can be checked. 3. Photocopy of pages 8 and 9 of Zoning Atlas showing the zoning in this area. We will be referring to the above items and presenting other facts and supporting photographs at the Zoning Board's meeting. Please give this matter your attention. It is of great importance to us. Respectfully, BELLE MEADE ISLAND HOMEOWNERS ASSOCIATION Marguerite Shearin, President encls: i i i i 60 e0 ' • W 30 e0 1• F id 13 12 I I 10 9 • 7 6 3 2 I . s 2 aV Qrtlllll0l9ll � 12 � (. 31 32 33 36. M I T l e 19 0 21 22 24 23 2• 2T 2• 20 30 31 32 L a I S I I6 ,17' O co w fi. - o N, 80 S T. 32 30 30 460 3! 3! e0 eo7!S! e0 S0 eJ IS 14 13 12 I 10 9 T S 4 3 2 1 I�I3s . 3 7 I 1• 19 20 21 2223 2a 23 6 273032 3 >4 �sIb I�9 3a 35 36 w I 8 f o N. E. N.E. 79 S T. Iw /0 33 93 63 / 00 v �0 19 ,e 17 16 'S 14 13 12 2 I H ZE v o .e 7 n 3 6 �s ST s 308Z 2Ui AM z i 1 ,'. T\� /9 9 << F 16 10-0 171. 2 Sr 5 0 3 N. E . 75 S T. ZB July 1.6-, 1W AS 9 960 NE 78 St. AP R-36 60 \fl We the undersigned petition the Miami City Commission to overrule the special exemption permit granted to Caroline Gaynor for occupancy of one private pleasure craft as living quarters on the vacant lot at 960 N.E. 78 Street. This petition is also for the Miami Zoning Board. Although we are not in the 375' area, we feel we will be adversely affected if houseboats are allowed to become residences in our neighborhood. We strongly protest allowing any special exemptions at this time. C T rnl HTI IDP AnnRFSS I.OT NO DATE 73oo 6&1141M&,a OAS, M,e PAPE T1fA�t A- Q I —A) C A' -YAA c - e 5 be 1{ M CC& . N' L-� X-6ut • .�-� % u .f�P t'G �/� S %- _� �� f ., MIS' dolIr -A)e---te -11.r A= r—, & lq6t '— qS 30 c PETITION We the undersigned petition the Miami City mllon tule the pleasureperaft aselPving tion permit granted to Caroline Gaynor for occupancy ofoneprivate quarters on the vacant lot at 960 N.E. 78 Street. This petition is also for the Miami Zoning Board. Although we are not in the 375' area, we feel we will be adversely affected daif houseboa s are allowed to become residences in our neighborhood. We strongly protest wng any special exemptions at this time. V . m Krn nnTF 11 6 40 to We the undersigned petition the Miami City Commission to overrule the special exemption permit granted to Caroline Gaynor for occupancy of one private pleasure craft as living quarters on the vacant lot at 960 N.E. 78 Street. This petition is also for the Miami Zoning Board. we strongly protest allowing houseboats in this residential neighborhood. 'we are in the affected area (the 375' zone) and should be heard. AnnRF'gq I.OT NO DATE NAME (Please Print s E 1 1Z CAW 7 L- o)V L aho lyr / > w - A2 la4t- � 0 0 a LAC 93o H 157f S T 9Y o N f 7 S S a o s f�Zlg� 1 a A (/o Cal R i? 7-,A d t/4 2 IrL I- A2 z 0 E CI"P IT ION We the undersigned petition the Miami City Commission to overrule the special exemption permit granted to Caroline Gaynor for occupancy of one private pleasure craft as living quarters on the vacant lot at 960 N.E. 78 Street. This petition is also for the Miami Zoning Board. E We strongly protest allowing houseboats in this residential neighborhood. We are in the affected area (the 375' zone) and should be heard. n-c UnT Nn nAmF NAME (Please rrinLl i�/.hr/ I- /DrJf- n s U s / 2-- /-2- e.1- l.e J w,& s. r 4 < '1 oPaA ud !!vf ISW17AI a/a SS1 ,t 83s Euz -41% wee be 198S V :. :z u ri s :r�.�4*�= W i i 1' 73 3 t r e e t Lot 5 Block 22 SHORE CREST (10-23) Special Exception as listed in ordinance 9500, as amended, Schedule of District Regulations, page 1 of 6, tS-2 One - Family Detached Residential; Permissible Only by Special Perinit, to allow the occupancy of one private pleasure craft as Living quarters as a principal use on above site, as per site plans on file, in connection with the vacant lot previously described; zoned RS-2/2 One -Family Detached 'Residential. Mr. Moran-R ibeaux: Okay, let's start with item number 2, sir. Ms. Maer: Excuse me just a second. If you may ... if I may, I'd like to have one moment to discuss something with the applicant for number 2. Mr. Perez-Lugones: Chairman. Mr. .Moran-R ibeaux: number 3, sir. We'll move to number 3, yr. Yeah, okay. Go right ahead, item (After hearing testimony on item number 3 the Board returned to item number 2.) Mr. Moran-Ribeaux: Item number 2, is it ready to be called in now? Ms . Maer: Mr. Chairman, I reviewed the application for item number 2 and I find that the application is incomplete at this time in that one of the technical documents was inaccurately filled out up in New York. Mr. Moran-i2 ibeaux: I see. Ms. Maer: I've explained it to the applicant who will have to go ahead and prepare another power of attorney before I think that the application would be proper before this Board. Mr. Moran-Ribeaux: Is anybody here for itecn number 2 besides the applicant? The case will not be heard tonight because of technical differences. When do you think it will be ... Miriam? Miriam? Ms. Maer: Mr. Moran-R ibeaux: application will be... I'm sorry. When do you think this Ms. Maer: The applicant is going to have to fill out the power of attorney and get it back to me or get it back to Aurelio's department before the package will be ready to put on the agenda. Mr. Moran-R ibeaux: limitation? Mr. Perez-Lugones. Ms. Maer: is. Do you have any idea on a time You better ask the applicant. I don't know what her time frame Mr. Moran-R ibeaux: Well, who is the applicant? Are you the...okay. When do you think you will have that information ready? 1 June 4, 1984, It k!L-4 Zoning Board a (Ms. Gaynor began to speak from the audience. Inaudible.) Ms. Maer: please, ma'am. Mr. Moran-R ibeaux: please. Can you speak on the record Yes, will you come to the mike Ms. Gaynor: Yes, my name is Caroline Gaynor and I live at 960 NE 78 Street. I can have the power of attorney correctly filled out, complete and sent back by my mother probably within a week but my problem is I'm going away. I have a course that I am engaged in and it's a commitment made a long time ago and I just, you know, I just heard of this complication this evening. So I would not be able to refile or come before you again until July. Mr. Perez-Lugones: all right? Ms. Gaynor: of July. July 2nd would be —will that be No, I won't be back until the 8 th Mr. Perez-Lugones: Okay, Mr. Chairman, I would suggest that this Board continues this item until July 16th. Mr. Moran-Ribeaux: Thank you very much. For the people here did you hear all of you will be notified when this item comes up again in July. Ms. Maer: No, no, no. Mr. Perez-Lugones: No if it is continued, this is the notice. If it is continued we... Ms. Maer: Mr. Moran-R ibeaux: people who are... Mr. Perez-Lugones: 16th. This is the notice. Mr. Moran-Ribeaux: heard on July l6 th then. Mr. Perez-Lugones: Mr. Moran-R ibeaux: the mikes don't break down. If it's a continuance... How do... how do we notify those It is going to be heard on July I seel Okay. The item will be At 7 o'clock ... At the same time, 7 o'clock if Mr. Perez-Lugones: ...right here, same thing. This is the notice. That's the meaning of continued, okay. Mr. Moran-Ribeaux: Thank you very much. Item number 4. motion... Mr. Perez-Lugones: Ms. Maer: Mr. Perez-Lugones: Mr. Channing: this to July 16 th. Wait a minute! I need a To continue. ...to continue. I'll make a motion to continue 2 June 4, 1984, I te�86-015s. Zoning Board ,1 r Mr. Perez-Lugones: Seconded by ms. Basila. `•ir. Chairman, I have a motion to continue item number 2 to the meeting of July 16th. The motion has been ;Wade by :tr. Channi. and seconded by Ms. Basila. I'll call roll on the motion. AYES: ,',is. Basila Messrs. Moran-R ibeaux, Sands, Romero and Channing NAYES: None. ABSENT: Messrs. Gort, Freixas and DeYurre Mr. Perez-Lugones: The motion to continue carries unanimously. RESOLUTION ZB 42-84 RESOLUTION TO CONTINUE TO THE ZONING BOARD ' MEET'ING OF JULY 16, 1984, THE REQUEST FOR A SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF 6, RS-2 ONE -FAMILY DETACHED RESIDENTIAL; PERMISSIBLE ONLY BY SPECIAL PERMIT, TO ALLOW THE OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING QUARTERS AS A PRINCIPAL USE AT 960 NE 78 STREET, ALSO DESCRIBED AS LOT 5, BLOCK 22, SHORE CIEST (10-23), AS PER SITE PLANS ON FILE, IN CONNECTION WITH THE VACANT LOT PREVIOUSLY DESC:2IBED; ZONED RS-2/2 ONE -FAMILY DETACHED +; R ESIDENTIAL. r I . 3 June 4, 1984, Item 2 Zoning Board►'��.$ w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It, w ZONING HEARING CITY OF MIAMI ZONING BOARD In re: Special Exception Application for Lot 5, Block 22, Shore Crest, 1025. City Hall, Miami, Florida, Monday, 7:00 p.m., July 16, 1984. FRIEDMAN, LOMBARDI, GENDRON & BRUMM 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18- 19 20 21 22 23 24 25 t APPEARANCES: KOPPEN 6 WATKINS, by DANIEL R. KOPPEN, Esq., On behalf of a portion of adjacent landowners. THE CLERK: Special exception application for Lot 5, Block 22, Shore Crest, 1025, Public Rearing, 16 July 1984, Item Number 2, at 960 Northeast 78th Street, Lot 5, Block 22, Shore Crest, Special exception as listed in Ordinance 9500 as amended, Page 1 of 6, special permit to allow the occupancy of one private pleasure craft as living quarters in connection with the vacant lot previously described, one -family residence. Mr. Chairman, this item is continued from the board meeting of June 4, 1984. Those wishing to testify, please stand up to be sworn in; those who wish to testify. All those who are in favor, please raise your right hand to be accounted for; those in favor. - Please raise your right hand, those in favor. Thank you very much. All those in opposition, raise your right hand; those in opposition, to be accounted for. Keep your hands up while we count. Those in opposition. Thank you very much. FRIEDMAN, OMBARDI, GENDRON & BRUMM 86--issLl i t- r' �z f X t: 2 • 1 Mr. Chairman? THE CHAIRMAN. Thank 2 you, sir. i 3 UNKNOWN SPEAKER: Mr. Chairman, members of the 4 board, (name unintelligible), the planning department has 5 recommended approval of this item subject to the cleaning up 6 and maintenance of the site in conjunction with the special 7 exception use of the live -aboard facility in Little River. 8 The zoning ordinance does provide for the permission of this 9 type 'activity in conjunction with the type of zoning that is 10 applied, meaning that as the site is basically vacant and i 11 a live -aboard unit would constitute single-family residence 12 for the site, the request is in order, and due to the 13 existing land use and water development in the area, we 14 find no problem with those conditions. 15 There is no dedications requested. 16 Would the applicant please come forward? ! 17 MS. GAINER: My name is Caroline Gainer and I'm 18 representing myself and mY mother, Margaret C. Egan. Rv 19 address is 960 Northeast 78th Street, Miami. 20 I am new to this procedure; do I now give a- 21 statement? 22 THE CLERK: Yes, ma'am. 23 MS. GAINER: My statement before the Zoning Board 24 was as follows: I propose to keep my boat moored at the 25 vacant lot I purchased two months ago and continue living 86-15 FRIEOMAN, L0!MBARD1, GENDRON & BRUMM 5 k3 1 aboard her as I have for the last seven and a half years, 2 on the same houseboat on the Little River at 850 Northeast 3 78th Street. That's a little more than a block up the river. 4 -During that time, I might add, I never had any 5 problems with my neighbors or with my boat, or with 6 objections. 7 This usage is very compatible with the area. j 8 There are currently 17 floating homes and eight other type 9 live -aboard craft on the Little River, and now several 10 adjacent to me where I'm located at the moment. 11 In addition, I propose to keep my lot, which has 12 numerous beautiful trocical trees, vacant except for the 13 addition of further landscaping. 14 The lots on either side of me are vacant also, 15 and as such, provide an oasis of Florida greenery in an 16 area with nearby commercial and condominium usage to the 17 northwest and east. J I 18 There is an existing slip for my boat,, which- you 19 will see on the --both the site plan and the survey made 20 with city permits by a former owner of the property for his 21 live -aboard boat. 22 I shall be upgrading to code both water and 23 electrical service. At the moment, there is a temporary 24 service put in by the former owner, which I wish to make a 25 permanent upgraded service as I do the water. FRIEDMAN, LOMBARDI, CENDR®N & BRUMM u 4 1 Now then, I don't really know where to go from 2 here except to answer any questions you may have. 3 THE CHAIRMAN: Let me suggest to you you have some ! 4 individuals in opposition. They -might come up with some 5 questions and we don't like to have back -and -forth questions) 6 and answers. So whatever questions come up from the 7 opposition, please make note of so you'll be able to answer 8 those questions. 9 MS. GAINER: Then, perhaps before I leave you for 10 now, would it be possible to submit some pictures for you to 11 see on that screen? 12 MR. CHAIRMAN: Those pictures can't be shown on E 13 the screen. 1 14 MS. GAINER: Very well. The first group are the 15 property as I found it which, indeed, was quite a mess t6 because the former owner has left many of his things on the 17 property. He pleaded hardship and I have allowed him six 18 months from date of purchase•, which was March 1st;°in order- 19 to clear away all his belongings. He has not been very 20 speedy in doing that. I' i 21 He has written me a letter, which I can read to 22 you, to the effect that he will, indeed, have them all 23 removed at the end of that time. 24 1 thought you might be interested in the contrast 25 with what can be done in a very short space of time if there SG-1553_7 FRIEDMAN, LOMBARDI, GENDRON & BRUMM ;s � w i I 2 3 4 5 6 7 8 9 10 11 12 13 I 14 15 16 17 18 19 20 21 22 23 24 25 5 •I I is a special event. � i There is a picture of me under a tree with a lot i of litter, and shortly thereafter it was cleaned up for a wedding that took place. { The other set of pictures are of the property I i used to rent from Mr. John Saxon. When I came, there was a ' bare chain link fence and a tar parking lot, and that was itJ and from that I made a tropical patio garden, which was enjoyed by all who came to visit me, and that's this'group. I am very interested in landscape architecture. I raise orchids and I have discovered this particular property is excellent for raising Ferneilards (phonetic), which will go very well on the coco-bolo trees that extend out over the river. I am a member of Fairchild Tropical Gardens, and with their help plan to turn this lot into something quite extraordinary. It is quite extraordinary already. THE CHAIRMAN: Is that your presentation? MS. GAINER: Yes. THE CHAIRMAN: Please stay if any questions come UO All right, those in opposition? MR. ROPPEN: Ladies and gentlemen, my name is Daniel Roppen. I'm an attorney and I'm here on behalf of a FRIEpMAN, LOMBARDI, GENDRON & BRUMM �_1�3 f r f 3 i 1 i i d 1 1 6 I 1 portion of the affected landowners, the adjacent landowners 2 within the 375 feet radius, and also some landowners who i 3 happen to be on the island, but outside the 375 feet radius.' 4 As has,been noted, the ordinance provides for a 5 special exception, Class D exception, and the ordinance 6 speaks in terms of a particular --this particular use being i 7 permitted in an extremely unusual set of circumstances; i 8 that it must come to the Commission, who must review the i 9 matter and find that the circumstances exist, and then 10 whatever safeguards you would deem to be appropriate --if i 11 indeed any safeguards are appropriate --you would apply to 12 permit this special use exception. 13 in this instance what we're dealing with is the 14 concern to protect the adjacent property owners and the 15 character of the neighborhood. 16 The site plan that has been submitted to you f7 previously is that which the landowner would like to see, 18 but that's not what's there-today. There's no seawall today -- 19 r think you'll find some ladies and gentlemen have pictures 20 of the property, and r think you'll find the property is not 21 ' in what we would deem to be a maintained state, it s in a 22 rather disorganized state at the present time and the 23 property owners are concerned that the character of the 24 neighborhood will be materially changed and altered if, in 25 fact, it's permitted for a live-in facility. FRIEDMAN, LOMBARDI, GENDRON & BRUMM 7 • 1 Now, the Planning Hoard, I believe, has recommended) 2 approval based on certain conditions, and it talks in terms 3 about maintenance of a particular piece of property. 4 Now, also the approval was based on the fact that 5 � there are numerous other houseboats in the vicinity. I have. I 6 to explain that and take exception to that. At this moment 7 a the houseboats that are there in the adjacent area, the 8 majority would be RG-25, which is west of the affected area. 9 Now, the applicant did at one time live in the 10 adjacent area of the changed zoning, RG-25. So whether or 11 not she had any active opposition, I'm not here to comment 12 on. I 13 There are two boats immediately to the east of her 14 in the affected area, and as to those, the adjacent 15 landowners are still pursuing inquiry to determine whether 16 or not those boats are there in a legal posture. At least 17 one of them would be deemed not to be there in a legal 18 posture because you can only have`a houseboat, according to 19 my understanding, in conjunction with an adjacent vacant 20 lot. One of the houseboats that is there is parked next to, 21 or docked next to land that's improved. 22 So on its face, it would appear that it was surely 23 a question to be raised as to the legitimacy of the existing, 24 facility. 25 So to suggest the character of the neighborhood SCP-1551y� 10M8ARD1, FRI EDMAN, GENDRQN & 8RUMM 8 • 1 would not be altered by the placement of this particular 2 boat may not, in fact, be entirely correct; that is, those 3 that are there may not be there legally, and those that ' 4 would constitute the greatest houseboat, or live -on 5 facility, are in a significant zoning classification. 6 We have -seen, or heard nothing but the applicant's' 7 desire and we find no fault with that, sir, to maintain and 8 improve the lot. Of course, everyone would like to see the 9 lot cleaned up and improved, but there is nothing to ensure 10 that such an improvement will take vlace if, in fact, the � 11 exception is granted. 12 There is nothing to suggest, or to compel that 13 those plans that have been set forth in the site plan will, 14 in fact, be carried out. 15 One of the basic safeguards, or prerequisites of 16 a special exception is to protect adjoining properties and 17 neighborhoods from potentially adverse effects. .18 The people in the area now have been there twenty 19 years and moved into a residential area and they'd like to 20 see the area maintained and continued as a residential area. 21 it's a pocket of four or five lots in there --Lots 22 6, 5, {, 3, 2, 1--that on the whole stretch of the river on 23 the west and eastern sides are the only lots that aren't 24 bulkheaded, that aren't improved. rt's a pocket, and that 25 pocket has been allowed to become a special exception for th . 1 L3Vr�RJIJ- FRIEDM1AN, LfjM8ARDI, GENDRON & BRUMM j Fi 19 9 i placement of houseboats, or live -on facilities. 2 There's no question it's going to ultimately change 3 the character of the neighborhood because the character of I 4 the neighborhood is and has been and hopefully is going to ' 5 I be residential, and we must talk in terms of the adversity r 6 it would have on home values, and the property owners are 7 concerned that the values of their properties will be 8 materially affected by, in essence, a special area that 9 would be designated as a live -on and houseboat facility. 10 I can't ignore that it's in your ordinance or in 11 your regulations and it's something that you must consider 12 in determining whether or not this special exception should 13 be granted. 14 THE CHAIRMAN: Thank you, sir. 15 MRS. DONNELL: Mr. Chairman and Board, I am Helen 16 Donnell, and my husband is with me, John Donnell. We live 17 at 855 Belle Meade Island and we have lived there for 22 is years. 19 This is not a new problem to us with houseboats. 20 We have had some grave difficulties with houseboats; one 21 that caught on fire and sat for over a year just charred, 22 so naturally we feel a concern about maintaining the quality 23 and the character of life that we have worked very hard to 24 maintain. 25 As you know, the area that we live in around FRIEDMAN, t0IMBARD1, GENDRQN & BRUMM 86"MISSI �I L 0 r i R �i �k� y 10 • 1 79th Street has had its difficulties and we have stood 2 rather staunchly as a community making every effort to 3 maintain a fine area, an area that we can be proud of 4 because we're very proud of Miami and we have great hopes 5 for growing and being beautiful and the home we wanted to 6 be, and we have raised our children there. 7 It is our understanding of the area on the other 8 side of the mainland of the river, the homes there are all 9 of the same quality and character as our homes, but on the 10 north side of the river they have houseboats. We don't have 11 the seawalls; we're quite concerned about the sewerage 12 problem. We all have been hooked up to sewerage and we're 13 very concerned about the quality of our river. t4 We have a waterway and it's been designated as a 15 manatee refuge. 16 We have boat traffic in the river, which is 17 understandable, but to pollute the river --one of the persons 18 who received one of your letters is an old=timer on this 19 river, he's lived there for many years, Mr. Williamson, and 20 he is just one of our greatest snook fishermen and this year 2.1 he's been out fishing and he can't even catch a single snook. 22 So, our area, which is beautifully rich with fish 23 and bird life and lovely trees, we feel is being devastated 24 when the houseboats are not even into sewerage. 25 Also, we bear our taxation, we pay our water and FRIEDMAN, 1,OMBARD1, GENDRON & BRUMM SGO-15.q 3 1 2 3 4 5 6 7 T1-B 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 sewerage taxes and we would like for you to consider whether or not since we live in this kind of community, if this is helping to build up our area. We feel that our area needs to be built up and to remain beautiful and we would invite you to come and see how attractive the area is, and not only hard work in the Belle Meade Association, but the Northeast Association. We're all working hard toward you and we would certainly appreciate your consideration in this matter, and I we know there are others that would like to speak to this, too. THE CHAIRMAN: Thank you, ma'am. Next? MS. MIZELLI: My name is Ingrid Mizelli, I live at 915 Belle Meade Island Drive, and I live directly across from where that charred houseboat was and that was the view out of my window and we saw children playing in that wreckage and no one ever did anything about it, and there was another houseboat next to it which was charred -by the fire and it looked like the area was really being rundown, and we're just hoping to upgrade our area now that the' Playboy Club has left the area and the businesses are leaving the area. We don't want to see part of Miami die, Me want to keep our area looking very nice. THE CHAIRMAN: Thank you. Next? Anyone else? UNKNOWN SPEAKER: My name is (unintelligible). FRJEOMAN, �C;MBARDI, GENORON & BRUMM '��I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 • I live at 881 (unintelligible), just across the river. i f We have there a residential area that you can see on the map and the lady that wants to move --that already moved her houseboat into the lot is talking about a residential area and not the same area that she used to live before. So, she said that there was not any complaint where she used to live before because it's a commercial area, but ours is a residential area and we want to try to keep it that way. These houseboats look like a mess, and if you want to take a look around there, you would see an extraordinary garden. She has been living there two or three months and it's still the same way, and we keep it all residential in a very good-looking way and we don't want to see the area become the way she has her houseboat on her lot. I have some pictures here that I would like for you to see. Thank you very much. THE. CHAIRMAN: Thank you. Next? UNKNOWN SPEAKER: At the June 4th meeting, I brought with me a signed petition that was just made up by the people who live on the island just asking that you might' look into it and investigate the live-aboards that are at these addresses, and it was signed by many of the people on FRIEDMAN, LOMBARDI, GENDRON & BRUMM [IS 13 • 1 our island, and I just wish to bring that to your attention. 2 THE CHAIRMAN: Anybody here from the Building 3 i Department? People that have boats, should that be turned ti i 4 into you? 5 MR. WISEBERG: Richard X. Wiseberq, Fire Rescue and d 6 Fire Services. i 7 I Many of those boats are illegal. In 1974 the city S took a property owner to court because he had two or three 9 t houseboats tied up to his property. The city lost that case 10 and the judge ruled that the city had no jurisdiction on I 11 water if the property owner did not own the Bay bottom, # 12 which in most cases that is not true, and that we had no 13 jurisdiction even though the boats were tied up to private 14 property. 15 Now we have lived with that court case to this 16 day. Right now for the past six months, we have been working f7 very diligently with the City Attorney's Office trying to t8 see if there's some way we can take a case into court and t9 not be violating somebody's civil rights. we're in the 20 process now of citing three or four people in your area and 21 we' re going to attempt to take them into court and do it in 22 a wanner that will not violate their civil rights, which 23 they have based on that court case. 24 I can't promise you whether they will go into �5 court. fr__� FRIEDMAN, g LOMBARDI, GENDRON & SRUMM �� �' i l i i t I 14 3 We have just written letters as late as yesterday 2 citing the property owners and the tenants of the boats. As i 3 soon as we get our receipts back, which takes about eight or i 4 ten days, we give them another ten days. I! the boats are 5 still there, we will file a case with the Code Enforcement 9 6 Board and then it's up to the City Attorney's Office to make 7 a determination whether or not they will accept the case. 8 THE CHAIRMAN: Thank you, sir. 9 BOARD MEMBER: May I ask you a question? Are 10 those people there with the special exception, or are they t1 there without anypermit at all? 12 MR. WISEBERG: To the best of our knowledge, they t3 have no permit of any kind. � 14 THE CHAIRMAN: Anyone else in opposition? 15 MR. SALEM: My name is Alex Salem, I live at 960 16 (unintelligible) Island Drive. 17 Although I'm not directly affected by the house - is boats across from us on that side, I would be at a later 19 date by houseboats on the south side of the river if this 20 - permission is granted and we can have a domino effect here. 21 I think what the Hoard must realize is the fact 22 the whole belle Meade area is deteriorating on the Boulevard'' 23 east. We're having problems with property values on our 24 island and with prospective buyers coming on our island 25 looking for a house to purchase. They see dilapidated FRIEDMAN, f0IMBARDLGENDRON&BRUMM .� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 26 6 q 15 houseboats across from that and I don't think they'd be interested in buying and paying a fair price with something like that there. Thank you. THE. CHAIRMAN: Anyone else? MR. RISSMAN: My name is Rainey Rissman and I'm a resident of Belieview Island Drive. I have been a real estate developer for about twenty years in South Florida and a number of times Z have been on the other side of the fence. I do not face this immediate area, but at times when I have been in the shoes of the petitioner to try to change zoning, I have always had to prove that it was for the public good and for an upgrading of the area and not just for my own benefit. I see no way that this petition is for the public good and to anyone's good other than just the petitioner themselves, and I would vote for denial. THE CHAIRMAN: Okay. Anyone else? Anyone else2 Okay, now we get back to you. You have a few minutes in rebuttal. ' THE PETITIONER: May I have people speak in my behalf ? THE CHAIRMAN: If you want to. You should have had them before when you presented the case. THE PETITIONER: May I now? ,. av FRIEDMAN, LOMBARDI, GENDRON & BRUMM �� r 1 } 1 t 16 ' 1 THE CHAIRMAN: Go right ahead. 2 There were some questions raised by the individuals 3 that were here. My suggestion is you try to answer some of 4 those questions. 5 UNKNOWN SPEAKER: My name is (unintelligible). 5 4 6 I live at 955 North (unintelligible), Lots 21, 28 and 29. 7 Where she lives was miserable. You can see the t } 8 grass very high and the plants over there --you know, nobody 9 takes care of the lot. 10 When this lady, she moved in, she take care for - a 11 - the lot and make it good from the front and the back. We 12 don't see no more mosquitoes over there like we did before. 13 THE CHAIRMAN: Thank you, sir. 14 MR. BIRCH: Peter Birch. The first objection that 15 I heard was that the site plan is an idealized plan for 16 something I wish to have happen. The site plan happens to 17 be --if you have copies of it there, an accurate drawing of 18. exactly what is on the lot, minus- the former owner's vtored, 19 personal effects, which do look trashy; all the trees, the 2 0 boat, the slip, the seawall. 21 I do have a seawall, a very strong one now, not 22 to be made later --so is the deck and so is a new dock, which 23 is cantilevered out. 24 s As far as decoration of this area, I have been, as r 25 r said, living in the area, not right where I am now, for '�Y.'E f i -• FRIEDMAN, LOMBARDI, GENDRDN & BRUM,M 0 17 1 the last seven and a half years. I have not seen any 2 deterioration of the particular street on which I live, and 3 I jog down around it and back every day for the seven and a i 4 half years I have been living there. 5 This particular row of houses, the vacant lots 6 have always been vacant, the houses that have been there 7 have been maintained as they are. I have not seen any 8 deterioration of my neighbors' houseboats, and certainly not 9 of my own. 10 As far as pollution, that is another issue that 11 was raised. I talked with Williamson, he's a friend of mine, 12 and he seems to have a fixation that the houseboats are 13 driving the snook away. It isn't the houseboats that are 14 driving them away; in fact, the snook, they like to feed on 15 the weeds that hang down on the bottom of my boat. 16 What is driving the snook away is the additional 17 diesel fuel from your big powerboats that are more and more 18 going up and down the river. 19 As of right now, there are manatees that play 20 around my houseboat. Frequently, I have --I'm more concerned 21 about pollution than most people. I have water behind my 22 boat as well as in front of it and I have a United States 23 Coast Guard marine -approved toilet. I do not put any 24 pollution into the water. 25 I have fish swimming in the lagoon behind ■e. FRIEcM74qLOM13ARDI,GENDRON&BRUMM SGP'155, -50- 09 r i i i i 18 i 1 I have turtles, I have --well, little fingerlings, as well 2 as mullet, sandpipers feeding along the edge. There's an 3 abundance of wildlife there. 4 If it was polluted, there wouldn't be. 5 I pay taxes, too, I pay $1,600 a year in taxes. 6 It is not as if as much if I had --I know I hear laughter-- s it is not as much as if I had a $200,000 home there, of course, my taxes would be more. I do intend to build 9 someday, but that day isn't now. j 10 I have put in city water, I have a meter for city 11 water, and I'm proud of Miami, too. As I say, I have lived 12 here seven and a half years. I wouldn't be living here if 13 I weren't proud of it. I wouldn't be living where I am now 14 if I weren't proud of the area. 15 I certainly wouldn't have made the investment in 16 the property i have if I weren't both P P Y proud of it and lookinc 17 on it as a very good investment to improve --not that I 18 intend to resell it in the near future, but certainly if 19 that should, for some unknown reason, come up, I would want 20 to be able to sell. . 21 Now, as far as the value of properties are 22 concerned, my neighbors across the way, I have heard the 23 ,g value of the various properties involved, some people who 24 didn't object right across the way, and in every case the .r,.., 25 value history goes from --well, we'll take just the most FRIEDMAN, `OMBARDI, GENDRON & BRUMM��� i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i 19 recent figures say from 19--let's start with the Rissmans, 1982, we have a land and building total of $179,478. In 1983, $224,543. That's quite a jump; that's 1982 and 1983 we're talking about. If the houseboats across the way were deteriorating property values, I don't think that increment would have occurred. where the Donnells--we have a value history --this is all taken from the Tax Assessor's Office and I'd be happy to pass it around --they have been there a long, long time. So going back to '74, of course, we have something we all like to see, we have a total land value of $49,394. When we come up to 1982, which is the same as 183, we have $134,345. That is double --well, $50,000 to the $134,000 is almost triple. Moving along to the banks, there we have --- THE CHAIRMAN: Excuse me, ma'am, I think you have proven your point. I don't think you need to go through your whole neighborhood. When you get through, pass the document to the secretary, please. THE PETITIONER: Well, it does seem to me the objections that were raised were three. One, the property currently being a mesa --and I don't agree, it's not a mess, but it certainly isn't the way I want it to be. There's no FRIEDMAN, LOMBARDI, GENDRON & 6RUMM 11 I 19 1 recent figures say from 19--let's start with the Rissmans, 2 1992, we have a land and building total of $179,478. In 3 1983, $224,543. That's quite a jump; that's 1982 and 1983 4 we're talking about. 5 If the houseboats across the way were deteriorating 6 property values, I don't think that increment would have 7 occurred. S Where the Donnells--we have a value.history--this 9 is all taken from the Tax Assessor's Office and I'd be happy 10 to pass it around --they have been there a long, long time. 11 So going back to 174, of course, we have something 12 we all like to see, we have a total land value of $49,394. 13 When we come up to 1982, which is the same as 183, we have 14 $134,345. That is double --well, $50,000 to the $134,000 is 15 almost triple. is Moving along to the banks, there we have--- 17 THE CHAIRMAN: Excuse me, ma'am, I think you have is proven your point. I don't think you need to go through 19 your whole neighborhood. _ 20 When you get through, pass the document to the 21 secretary, please. 22 THE PETITIONER: Well, it does seem to me the 23 objections that were raised were three. One, the property 24 25 currently being a mess --and I don't agree, it's not a mess, but it certainly isn't the way I want it to be. There's no FRIEDMAN, I.OMBARDI, GENDRON & BRUMM 20 ' 1 point in putting in tender plants before Mr. Pardo takes P 9 2 all of his stuff away, because it will just mull over them I 3 and spoil them. It has to be out before I can do what I 4 want to do, and that will be September 1st. 5 THE CHAIRMAN: I do have some questions. Mr. 6 (unintelligible), could you tell us what would be the 7 required permission to be granted, what would be required 8 of this application, what are the requirements of the 9 condition to grant? - 10 UNKNOWN SPEAKER: I have never had anything like 11 this. Just briefly again, Mr. Wiseberg pointed out we have 12 been in this hiatus area. Even though we developed 13 standards, they weren't able to be implemented because of 14 the codes, simply that the required offstreet parking is 15 . provided. 16 Our condition is that the site is cleaned up and 17 it is maintained in accordance with other codes and t8 standards --the Coast Guard pollution controls, and things 19 of that nature, which have all been addressed. 20 We have reviewed the site plan as proposed and 21 we find no problem with it, and it meets all the zoning 22 requirements that we have on the books. 23 THE CHAIRMAN: One more question, besides the 24 City of Miami, who else has jurisdiction of the river? 25 UNKNOWN SPEAKER: That's a difficult question to FRIEDMAN, LOMBARDI, GENDRON & BRUMM 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 T2-A 24 25 21 ' answer, depending upon what you want to do. In this instance, I believe we're faced with a minimum number of Coast Guard -related activities. Improvement of the shoreline, which is subject to public works, zoning with the City of Miami. If fill and other things were to be involved, that would involve many more agencies up into the numbers of 20, but this seems to be a fairly straightforward request not involving that many agencies. THE CHAIRMAN: Okay, thank you, sir. Any Board member have any comments? BOARD MEMBER: I have a comment I'd like to make. I have been listening to both sides and I have seen the photographs, and I have heard your neighbors say what happened that are sitting here, but the one thing that really bothers me --and I will bring the question up, I like to go boating, but I hate houseboats. They're usually so poorly maintained --and I can see these people in the last five or ten years really have to fight to keep a neighbor- hood that is all around from falling apart and trying to keen going. I know you want to belong to a beautiful area and this is why I would hesitate to actually move to this island, is I don't know what the next fellow is going to come up with, what he's going to have there, what kind of upkeep-- FRIEDMAN, L0%SARDI, GENDRQN & SRUMM 0 22 1 whether I can have my yard this long or short --I mean the 2 grass, and still be within code, and I don't know --the way 3 I look at it is this: If I lived there, I would hate to see' 4 a houseboat on the dock. Maybe yours would not be ugly. 5 Your yard is obviously improved tremendously, but this is the 6 way I feel, and I'm being honest. 7 THE PETITIONER: Yes, I understand. 8 THE CHAIRMAN: The public hearing is closed, you'll 9 have to ask her a question. 10 BOARD MEMBER: So, it is my concern, you can see. 11 THE PETITIONER: Yes. Well, in answer to your 12 question, this is my special exception for me, it isn't a 13 precedent because, you see, one special exception does not 14 set a precedent. Each is an individual matter, that's the 15 way they're set up. It doesn't mean that it you grant me 16 my special exception that the world is going to come to an 17 endt and say, yes, any kind of houseboat can be anyplace. 18 It is very, very specific to one lot and one use, 19 Just my mother's and mine. 20 In this instance, looking at the map there, there 21 is a vacant lot next door to me. It, does belong to a larger 22 portion of land which is all owned by one man who chooses to 23 keep the lot vacant from the standpoint of privacy, and it 24 would be very unlikely he would be seeking a special 25 exception. FRIEDMA►N, LOMBARDI, OENDRON & BRUMM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 • Down the way, there are boats there and being i maintained in the state they're in, it doesn't look to me, i looking at that map, they're going to be a whole rush for special exceptions to line the Little River canal. In fact, i I'd be amazed in another ten years, there was ever another one. So, it is one case, this one, and it's not set up so that one sets a precedent for a dozen others. THE CHAIRMAN: Thank you, ma'am, I believe you answered his questions. BOARD MEMBER: Can we attach some sort of a time in this thing? THE CHAIRMAN: Yes, sir. UNKNOWN SPEAKER: I can see the concern of the neighbors. If I was living there, I also would have second thoughts about having a houseboat, but again, the lady lived in the area for some time, she has done an excellent job in developing another lot and I'm willing to gamble six months, and maybe stay this and review this application in six months and see how she's keeping the lot and what problems are created in the area. THE CHAIRMAN: Make your motion. UNKNOWN SPEAKER: I move the request for Agenda Item 2 be granted for a period of six months in which we'll review it --I don't know how to word it--- a 1 2 3 4 5 6 7 S 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 UNKNOWN SPEAKER: Automatically. THE CLERK: You have two times involved here, if I may interrupt. You have the time for her to obtain the building permit, then the time in which you want to review this, you know, how it is going. UNKNOWN SPEAKER: We'll make it six months, get a CO and come back here. THE PETITIONER: Six months from the date --- UNKNOWN SPEAKER: From this, six months. THE CHAIRMAN: Is there a second to the motion? It's been seconded; is there any discussion of the motion? THE CLERK: The motion is to grant --in order for the houseboat to be established in some sort of certificate of occupancy that the Building Department issues, to obtain that, and you have coupled with the motion a period of six months. Now, once you have obtained that, another six months are going to begin running and this is for review by this Board. You will be back here. We will notify the neighbors and the Board is going to review how things are proceeding, and then the Board will make a determination at that point. THE CHAIRMAN: Is there any further discussion of the motion? FRIEDMA►N, LOMBARDI, GENDRON & BRUMM 7 25 1 UNKNOWN SPEAKER: I would like to speak with this 2 side of the room. 3 MR. DONNELL: My name is John Donnell, 855 4 Belleview. 5 What the lady has told you a while ago is untrue. 6 Where she lived before is zoned commercial, which is not 7 where she lives now. 8 BOARD MEMBER: We're not discussing whether she 9 has or hasn't got the right, what we're talking about is the 10 special exception she's requesting, and she claims she will 11 keep that property to the standards that will make you people 12 happy. 13 She has a right to ask for this exception and it's 14 been recommended and we're going to grant that she would 15 have a year's time to establish herself there and do the 16 things she says, and come back. 17 You will be notified, they will be notified and 18 we'll all get together in one year and see whether we renew 19 the exception. 20 THE CLERK: Not necessarily one year. 21 THE CHAIRMAN: You are going to open up the public 22 hearing again? 23 BOARD MEMBER: My point is--- 24 THE CHAIRMAN: The public hearing is closed. We 25 had a discussion about it. FRIEDMAN, LOMBARDI, GENDRON & BRUMM E��►"155._ 5� 0 • 24 • I BOARD MEMBER: I don't feel comfortable. I'd like 2 to feel comfortable when I go to sleep tonight. She thinks 3 i she's right and they think they're right, and I would like 4 to speak for these people because they have bothered to come' 5 here, I think they deserve to know what's happening and have 6 a meeting of the minds. THE CHAIRMAN: Any further discussion on the 8 motion? 9 You would like to ask a question? 10 MR. ROPPEN: Dan Koppen. As to the motion itself 11 so that we understand what the standard will be for judgment 12 purposes, if, in fact, this motion is passed, are we to 13 understand that a year from today as a maximum period-- 14 maximum time, would be a year from today, that we will come 15 back and this body will make a determination as to whether 16 or not she has substantially complied with the site plans as 17 delivered to you, and if, in fact, that site plan has not 18 been substantially complied with, performed, that, in fact, 19 it would be presumably the determination of this body that 20 the conditional CO would then be revoked? 21 THE CHAIRMAN: That is correct. 22 THE CLERK: The special exception. 23 THE CHAIRMAN: Any further discussion of the 24 motion? 25 BOARD MEMBER: I would like to know if the FRIEDMAN, I.OMQARDI, GENDRON & BRUMM W-1S5..- 4 LIJ 0 27 • 1 I applicant unde rstands erstands that action. 2 BOARD MEMBER: We're making a motion to give you 3 some sort of time so you can prove to your neighbors that I 4 the houseboat, and what you're planning to do to that lot, i 5 is, in fact, an improvement to the area --up to a year's time., 6 You have six months to comply with the site plans and the i 7 specs that the city is asking for. 8 If you do it in three months, more better, but t 9 � from that date, six months after that, you're coming back 10 here and they're coming back here and we're going to make 11 sure that the lot and your houseboat is an improvement to the 12 area, and then we'll remove the exception, or we will revoke 13 it then, depending on what you did. 14 THE PETITIONER: I see. What I do not understand 1fi is this: Will I be able to receive from the electrical 16 inspector a permit to go ahead and connect the permanent 17 electricity? 18 BOARD MEMBER: Yes, ma'am. That's part of the 19 things you will have to do to get a CO from the city. You 20 have six months to do all your electrical, plumbing, and 21 stuff, and then from that you, day , gof your CO, you have _ 22 another six months to live there and then you're coming back 23 and we want to see what you did --whether you were a good 24 3. girl, or not. 25 THE CLERK: Let me clarify one issue --it's not FRIEDMAN, LOMBARDI, GENDRON & BRUMM i i (� 1 f t 28 • 1 necessary that she have six months to do everything, she has 2 six months to et the g permit and when she finishes and you 3 pass the final inspection, we may be talking --you don't 4 full understand at this y point, but you will realize you get 5 the permit --when p you pass the final inspection, at that 6 point when they issue what is called a certificate of occupancy, then the six months will begin clocking and we 8 will keep tab of that and we are going to notify you and the 9 neighbors g you are requesting an inspection from the zoning 10 people to see that everything is complied with, and we will 11 all be back and that time will be roughly a year or so. 12 THE CHAIRMAN: Any further questions? 13 BOARD MEMBER: I'd like to--- c 14 MR. RISSMAN: I would like just like to ask that a 15 restriction be placed on this, and that is, that the 16 houseboat not be allowed to be rented. I think we'd all 17 feel better --we feel she might be sincere in her will to 18 upgrade, and whether or not she upgrades with the site 19 plan--- 20 BOARD MEMBER: I don't think we can do,that. 21 THE CHAIRMAN: Any further questions? 22 THE CLERIC: Mr. Chairman, we have a motion to 23 grant Item Number 2 with a six-month provision to obtain the 24 building permit, with a review six months after CO --and 25 you're making it subject to the Planning Department? FRIED MAN, LOMSARDI, GENDRAN & 6RUMM IN #85 VA, 1.85 .4.65 1 2 3 4 5 6 7 8 i 9 10 11 I 12 13 I 14 I 15 E 16 { 17 i i 18 I 19 i 20 I 21 22 23 24 25 carried.) C 29 THE CHAIRMAN: Yes. I THE CLERK: And subject to the Planning Department.) i (Thereupon, a vote was taken and the motion (Thereupon, the hearing was concluded.) CERTIFICATE OF REPORTER STATE OF FLORIDA) COUNTY OF DADE) I, Frank Newman, a Notary Public in and for the State of Florida at Large, do hereby certify that IN RE: ZONING HEARING BEFORE THE CITY OF MIAMI ZONING BOARD, Special Exception Application for Lot 5, Block 22, Shore Crest, 1025, that I was authorized to and did report in shorthand the said hearing; and that the foregoing pages, numbered from 1 to and including 29, contain and are a true and correct transcription of my shorthand report of the proceedings in said hearing, taken on July 16, 1994. IN WITNESS WHEREOF, I have hereunto set my hand this 11_ th day of December 1985. FRANK NEWMAN, Reporter FRIEDMAN, �LLOMBARDI, GENDRON & BRUMM Z )6u _NE 78 Street Lot 5 Block 22 SHORE CREST ( 10-23) Review of the Special Exception granted by the Zoning Board on July 16, 1984 (Resolution ZB 55-84) allowing the occupancy of one private pleasure craft as living quarters as a principal use on above site, as per site plans on file, in connection with the vacant lot previously described; zoned RS-2,'2 One -Family Detached Residential. NOTE: This item was deferred from the meeting of October 21, 1985 for all property owners to be given a courtesy notice of the review. Secretary administered oath to all persons wishing to testify on this item and filed proof of publication of legal notice for this hearing. PROPONENTS present at the meeting: 7 OPPONENTS present at the meeting: 23 Mr. Perez-Lugones: Mr. Chairman. Mr. Gort: Guillermo. Mr. Olmedillo: Mr. Chairman, members of the Board, for the record Guillermo Olmedillo, Planning Department. The item before you, it's a review of a special exception which was approved in July last year. In the meeting of October 21st it was deferred so that the Planning Department would send notices to the neighbors of the area. The past approval, the prior approval, of the special exception required the review in one year subject to clean-up and maintenance. The inspectors of the Fire, Rescue and Inspection's Department were on the site and they could prove that the property owner had made the landscape improvements that she was supposed to do. Mr. Gort: You got an inspector here? Mr. Olmedillo: The Planning Department approves —recommends approval for a period of one year again. Mr. Gort: Mr. Perez-Lugones: zoning inspector or... Mr. Campbell: Mr. Gort: Mr. Perez-Lugones: Mr. Gort: Okay, thank you. Mr. Campbell. Mr. Chairman, did you ask for the No comment from Public Works. Okay. We have the zoning inspector. Okay, let's hear from him. Mr. Perez-Lugones: Mr. Gonzalez. ( Pause. Mr. Gonzalez was having trouble with the microphone.) Mr. Campbell: It's working. Mr. Gonzalez; Inspections by the zoning personnel of the Fire, Rescue and Inspection Services reveal the property is not ... has not been in deterioration since the last inspection. 1 December 16, 1985 to Zoning Board I'm sorry, could you repeat that a little slower please, sir. Mr. Gonzalez: Yes. an inspection by the zoning section reveals that the property has not been in more deterioration than the prior inspection. In other words, that the property has been maintained. yr. Gort: The property has been what? i Mr. Gonzalez: Maintained. Gort: Okay, thank you. anyone else? Okay, will the applicant please come forward. Ms. Gaynor: Good evening, ladies and gentlemen of the Zoning... Mr. Gort: You have to speak into the mike. Ms. Gaynor: Yeah, right. Good evening, Madam and gentlemen of the Zoning Board. I'm here before you this evening for... Mr. Gort: Your name and address, ma'am, please. Ms. Gaynor: Oh, yes! 960 NE 78 Street and I'm here before you this evening... Mr. Perez-Lugones: Your name please. Mr. Gort: I hate to interrupt, but I need your name too. Ms. Gaynor: Oh I didn't say Caroline Gaynor? Mr. Freixas: No, you didn't. Ms . Gaynor: I' m Caroline Gaynor of 960 NE 78 _ Street and I'm here before you this evening for your final review for the final granting of the special exception I'm applying for on my behalf and my mother's; we are co -owners of the property. Aurelio Perez-Lugones has listed the things I've done in compliance with the zoning commission regulations toward this end. I might add that Mr. Juan Gonzalez suggested that I obtain two building permits and one miscellaneous permit; the two building permits for the purpose of putting up a privacy screen fence and the miscellaneous permit for moving my carport 5' away from the property line. I obtained the building permits as you can see here and then on the back of this which is a. plan... there would be a copy of this, I imagine ... on the back of this -- here we go finally -- of this plan are the signatures of the work _ having been inspected and given a final approval. That work was done so I would obtain... also the electrical was brought up to I code and a City water meter put in... that work was done in order to obtain a Certificate of Occupancy. Well at that point we ran into a little glitch because apparently Certificates of Occupancy 3 are issued to buildings not to floating buildings so in lieu of a Certificate of Occupancy, Mr. Genuardi who is the Zoning Administrator sent me the following letter: "Dear Ms. Gaynor, Under Resolution 7B55-84 (ZB.55-84), the City of Miami Zoning Board approved a special exception for occupancy of a private pleasure craft as a living quarters. I have been advised that all the necessary permits were obtained and all of the required work has been completed and approved by the various sections of this Department; therefore, you are hereby authorized to occupy a the houseboat subject to a review after six months from the date of this letter." Now the actual review, six months review, took 2 December 16, 1985, Item 1 _ g Zoning Boardv"��J� , w place September 25th cf this year and in the words of Inspector Milligan, he reports that to his kncwLedge "no deterioration is taking effect in the neighborhood due to the houseboat. The property is clean and appears well -maintained except for a small pile of lumber and a metal shed near," and there's a word missing here, "the property." Well, I spoke with yr. Gonzalez about that he said he had no quarrel with the metal shed and the small •Hood pile has been cleaned -up and put under a tarpaulin in a very inconspicuous place. So that would be my final inspection and approval by the City. In addition to that work, I have repainted my floating home. I've further tidied my metal fences making them secure on the bottom against ducks and cats and other dogs. I have a Zed Doberman who thinks that anything that comes on the property is fair game and the fences were, when I arrived, there were cinder blocks and rotten logs filling in the gaps at the bottom of the fence so I had a trench dug and extra screening put down and it really looks very nice and tidy now. In addition to that, I took off a planter trellis; it was in poor condition on the front of my floating home and replaced it with decorative panels which have the effect of screening a very bright dock light from across the river that did shine into my living room and they make a nice decoration. You know, they say that a picture is worth a thousand words. I would like you to see how my floating home, which I'll pass this around, looks as one progresses along the Little River canal to the bay. (Pause while Ms. Gaynor handed the pictures to the Board.) Mr. Gort: Turn it into the ... start over there. Ms. Gaynor: As that's being passed around I have a few other comments. I would like to read the following two letters into the record and then ask some other people to speak for me. This is "To Whom It May Concern" written by the neighbor who lives directly across the street from me, George Clayton, 967 NE 78 Street. "To Whom It May Concern: This letter is to state that we have lived across the street from Caroline Gaynor for the time she has been living at 960 NE 78 Street. Ms. Gaynor has maintained and improved the property since she has lived there and we can see no reason why she should not be permitted to continue to live on her houseboat at this location. We certainly have no objection to having her continue to live at this location. Very truly yours, George L. Clayton, Bonnie D. Clayton." Do I hand these in or ... no. "To the Zoning Board: Just a note," oh this is from my neighbor who lives diagonally across the street from me to the right. "Just a note to say that Ms. Gaynor who has a houseboat located at 960 NE 78 Street has maintained her premises in excellent condition. The above property is far better than it ever was. She is a good neighbor of high moral character. I would consider it a favor if the people on our Zoning Board would continue to grant Ms. Gaynor the right to remain my neighbor. I have been living in my home at 995 NE 78 Street since 1962. Thank you, Tony DeMico." So now I would like some of the people who... Mr. Perez-Lugones: Every piece of paper or photograph that you have shown will remain in evidence under the custody, forever and ever, of this Board. Ms. Gaynor: Ohl So I bring them over to you? Mr. Perez-Lugones: Everything when you're done. Ms. Gaynor: When I'm finished? Mr. Perez-Lugones: Yes. 'Is. Gaynor: I see. All right. Many people like floating homes as a way of living. They rind a singular tranquility and-_aacefulness about floating in the water. So I would like to call on Dorothy Clark to describe her experiences on my boat, my home. Ms. Clark: Good evening, my name is Dorothy Clark and I live a 455 NE 39 Street. I have worked as a secretary for the past 20 years. I have known Ms. Gaynor for nearly 6 years. She asked me to stay on her floating home, as she affectionately calls it, for two weeks some time ago and she was most particular that someone stays there in order to keep her home and its surroundings neat and clean. She was so particular that a few days before she left for her trip she asked me to come by so that she could show me what she wanted done in her home. She took me around and was careful to point out all the special features of her home. She was meticulous in insuring the care of the garden which she loves very much and she actually watered plants and emphasized that I was to put a little water here and a lot of water there and she was very particular that I did the same thing. It is my opinion that Ms. Gaynor cares very much about her floating home and she's very particular about keeping it in good condition. Thank you. Mr. Gort: Does that conclude ... I'm going to suggest if you have more speakers that you have them line up please for the sake of time. We've got four... yr. Hammoud: My name is Mike Hammoud. I live at 955 NE 78 Street. I'm here to represent myself and my family. I have known Caroline as a friend and a neighbor for nearly two years. Since she has come to live at 960 the property has shown steady improvement and now looks excellent. We wish Caroline to remain our neighbor and ask you members of the Zoning Board to grant her final approval. Thank you very much. Mr. Gort: Thank you. Next. Mr. Holeman: My name is Bill H oleman, 1900 79th Street. Caroline asked me to speak on subjects that I'm very familiar with. I have written articles for various publications on the ecology as it relates to docks, pilings, boats. I have written for the Florida Shipper magazine and continual articles for the ecology section of Trade Winds. I have made a study of the ecological effects for quite a few years of various kinds of boats. In relation to houseboats, I think that the way I best do this, I can talk on this subject for hours and obviously that's not appropriate, when you think that I've said enough stop me and we'll stop it there. In relation to the subject of houseboats They are very productive ecologically. They are the only type of boat or one of a very few that does not have antifouling paint on the bottom. The bottom is never scraped. The life lives on the bottom of the boat continuously and this is very important because mud chokes the life on the bottom of rivers, bays, canals and what have you but mud, of course, can not settle on a floating object, a floating boat. As a result, the boats on the LittleRiver canal and elsewhere support a great deal of life, the kinds of life are tiny shrimp by the millions, crabs, oysters, there's the small fish that feed on these continually around the 'boats, the larger fish that feed on those, snook lay under the boats. It's important to realize that this type of boat has no gasoline, no fuel, no oil, it's not dumped into the water. They traditionally have treatment facilities for sewage, there's not a, you know, problem with that. The boat itself, in question, is in a shallow pocket and the pocket would not be anywhere near as productive ecologically without the boat as it is with the boat. Some 4 December 16, 1985, e Zoning Board ►-�5 ... Sic - _- Ek- a �t k4�gpp1 people wiil say that there's no sunlight shining on the bottom but in that kind of pocket there's nothing going to grow any -Nay on the bottom because of the mud, you knew, that woulJ settle. okay? Mr. Gort: I think you got it. Mr. H oleman: Thank you. Mr. Gort: Thank you. Mr. Kappes: Good evening, my name is George Kappes. I live at 850 NE 78 Street. I'm a retired artist. I've known Caroline Gaynor for approximately 5, 6 years and I know when she bought this piece of property it was in a deplorable condition. When she went in there she started working and having people come in to clean the whole place up and she did a very, very fine job and she spent many, many hours and I know there has been times when she's worked there until 9, 10, 11 o'clock at night herself to get one particular job done. all I can say is for the character of Janet Gaynor is "A" number one. I happen to live on a floating home also and, as such, Florida is a place for boats and as well as homes and it's a very, very ideal way of living to my way of thinking. Thank you. Mr. Hoak: ply name is Steve Hoak. I live at 6240 Mayo Street in Hollywood, Florida. I would just like to reiterate what the gentleman just said about Caroline Gaynor. I've known her for a number of years and she has ... in fact, I've helped her on her property, and she has done wonders with that property and I would recommend that you grant her the request that she's asking for. Thank you. Mr. Gort: Okay, thank you, sir. Ms. Gaynor, it seems that you have some individuals in opposition. I'd appreciate it if any question comes up during the presentation of the opposition, you will write it down and then afterwards you will get a minutes for rebuttal and you may answer some of the questions that might come up. Those in opposition. Let's gol Ms. Donnell: I am Helen Donnell. My husband and I live at 855 Belle Meade Island. We have lived in this home for 23 years and are located obliquely across from the houseboat in question. At present, I am chairman of the Zoning and Beautification Committee of the Belle Meade Island Homeowners Association. We have prepared packets of information to support our position which is in complete opposition to granting this special exception in question tonight. These packets, as I understand, have been placed before you and we hope you have examined them, if not, we would appreciate it if you would please do so. We have included in the packet this little sheet out of the zoning atlas, it is on the acetate here. The red line ... for clarity, the red line is Biscayne Boulevard. Looking east from Biscayne, the area in blue is zoned as commercial. It is in this area that the majority of houseboats and live aboards are located. The areas green is all zoned as single family residential homes on property. There are many of us who would like to speak but in deference to time we have limited our speakers and we will keep our comments to a minimum. Thank you. Mr. Gort: Thank you, ma'am. Mr. Salem: Excuse me, I was trying to get organized here. My name is Alex Salem and I live at 960 Belle Meade Island and I've been asked to speak in the behalf of the majority of the people from the Shore Crest and Belle Meade area who are most directly affected by Ms. Gaynor's request for a special exception and since we are the clear majority, we request that it be denied. 5 December 16, 1985, e Zoning Board sL-1. - 1 i. t _,cw our case is based on recent photographs, copies of the 3oning Board file and a certified copy of the transcript of the July 16, 1984 hearing. The color area map that You see up there of which, I believe, has been supplied to you, shows that 30 people within the 375' radius are against the alltwance of this and only 8 are for the issuance. Included in the 3 that are for, please note lot number 4, this is in green. Now the owner of this property are themselves living there on a houseboat without a permit. Lot number 3 next to them, also once had an illegal houseboat which is no longer there. The next two lots which number 237 and 290, I believe it shows up there, the two white lots, are owned by Mrs. Dozier who was given a special exception which was later overturned by the Miami City Commissioners. I would now like to show you some photographs which are relevant to our objection. They were taken on December 9th and 10th. We'll take just a second to put up the slide projector please. 'Mould you turn on the first picture please. Focus it. Unfortunately, the light is a little... light... more light than we would like but anyway, this first picture can give you an idea of what can happen to houseboats and the unsightly appearance that it gives to an area. Now this scene was taken from the bridge at Biscayne Boulevard looking east and down Little River to the bay. It is zoned commercial, RG-2/5. Next slide please. This picture again, is taken from the bridge at Biscayne Boulevard. It shows all of the commercial area. I think it speaks for itself. Next picture please. Now this picture was taken from the south side of Little River. Now what we see here from left to right is the Little River Marina; you can see the boat lift. Next to it is a white building which is 840 NE 78 Street, then 850 which can not be seen, and then the other white building which is 860. This is where the commercial area ends at 860, the last commercial building. It is 850 that Ms. Gaynor lived for 7 1/2 years before moving to 960 NE 78 Street. In Ms. Gaynor's statement to the Board July 16th, she stated she is now a little more than a block up the Little River. When she said that she means a little block up the river at 960 from 980 but she neglected to tell the Board that this is...that area of 9...850 rather is zoned commercial and that was ... and that the area that she moved to is residential. She also said there were currently 17 floating homes and 8 other live aboard craft on the Little River. This is true, there all in the commercial area. Again, she neglected to tell you these were, as I say in the commercial area. Therefore, it is understandable that there would be no objections from her neighbors as she stated July 16, 1984. Now we can get the next picture please. Okay. This is 960 and 970 NE 78 Street. The houseboat on the Left is Ms. Gaynor's. The other houseboat is there without a special exception permit. This is what the people from Belle Meade Island see when they look across. This area is zoned single family residential, RS-2/2. Now at the July 16th hearing, I think his name was Richard Whipple of the Planning Board, stated that the live aboard... that the live aboard will be consistent with the land use in the area. He also said many similar types of occupancy exist along this segment of the Little River canal and that therefore, this use would not be at odds with the surrounding land use and development. In fact, these other houseboats he referred to were there legally...illegally and this Zoning Board aerial photograph, which I believe you'v-e been supplied with, will show that. There are ... they are indicated on that aerial map by the numbers one and two. Now Mr. Rich Weisberg of the Zoning Department at the same July 16th hearing stated that they were there illegally. Now you can show the next slide please. We are now looking down north Little River to the bay. On the right is the Belle Meade Island, on the left is the Shore Crest area. Next picture please. 6 December 16, 1985b to Zoning Board lg&_15� 6 f is a view of Belle 11eade island as seen from NE 78 Street ... 78 Street. on the right you can see the illegal houseboat which is at 970 NE 78 Street. Next picture please. This again, is a view of Belle Meade island looking south from NE 78 Street. Now this is what the people on the other side of NE 78 Street, including Ms. Gaynor, see. Next picture please. Now this is a (word unintelligible) view of the Belle Meade area taken from our bridge when you cross onto the island. As you can see houseboats would hardly be harmonious and compatible in relation to the Shore Crest and Belle Meade areas. may I have the next picture please. (Cleared his throat) Pardon me. This is a view of the only street on Belle Meade Island showing you the character of the island. Next picture please. Now at the July 16th hearing of '84, Ms. Gaynor stated that the site plan she submitted, and I believe you have a copy of that site plan, she stated that the site plan she submitted happens to be an accurate drawing of what is on the lot. It is not true. It was on this basis that the Board granted her the right to a temporary CO with a later review for her special exception. Now also at the hearing, Mr. Gort, the Chairman, and the rest of the Board agreed that the site... if the site plan had not been complied with then the Board would consider the conditional CO and special exception to be revoked. On her site plan she shows a landscaped lagoon with an area that is roughly 30 by 30 feet. This photograph was taken December 9, 1985. It shows a view of the area from the Canary Isle Palm, to the back of the houseboat. There is no evidence of a lagoon as the site plan shows. You can see faintly in the back, the back of the houseboat. Next picture please. Now this is a further view of the rear of her houseboat. There is still no evidence of the... her poor little lagoon. There is some water between the slip and the. boat. The site plan also shows a driveway which begins at NE 78 Street and goes all the way to the carport. To our observation there is no gravel driveway. May I have the next picture please. This is a side view of Ms. Gaynor's houseboat. This was taken from an empty lot next door, and if somebody were to build a house on that lot, this is what they would see. Now before closing this portion or our objections there are two more photos I would like to show you. (Talking to the gentleman who was helping him during his presentation) Fernando, those two pictures. They have them? Okay. The first one marked on the back number 1 is a view of Ms. Gaynor's property from the Little River and looking north to NE 78 Street. You can see the condition of the property, the cinder blocks, the dingy on the ground and not any of the tropical plant... tropical landscaping she promised to do. Now this photo was taken November 29, 1985. Number 2 photograph is a view of the front of her property. This is looking south from NE 7.8 Street and as you can see on that picture, it is not in conformity with the site plan. There is a dog house and a shed which are clearly visible from NE 78 Street and still no gravel driveway. Now based on these documents, documented pictures shown to you, and because of the errors in Ms. Gaynor's statement, we all feel that the special exception request be denied. Remember she was given a year total to comply with the site plan, and in fact, it's 18 months later and she still is not in compliance. Now I have here with me a certified copy of the transcript I would like to submit to this Board. that was taken, it's certified, at the last July 16 th hearing. Everything that I have said here and many, many more things that are conflicting are in this transcript and I would like to submit it to whoever I have to do that. I want to thank you for your attention. Mr. Gort: Thank you. Next. Get the lights back on. 7 December 16, 19856 elp Zoning Board-� i _lr • Perez-Lugones: Mr. Chairman, before we continue, we would like to have some clarifying statements from to -onlng Administrator. Mr. Gort: I'm sorry, I can't hear you. Mr. Perez-Lugones: Before we continue we would like to have some clarifying statements from the Zoning administrator. Mr. Gort: Okay. Mr. Genuardi. Mr. Genuardi: My name is Joseph Genuardi. I ' m Zoning Administrator, City of Miami. I want to clarify two things. One I think is that...one of the speakers referred to the lots having houseboats as being commercial. They're not commercial, they're residential zoned, I believe it's RG -- what is that? I... Mr. Gort: Mr. Genuardi, what I would like, if possible... Mr. Genuardi: RG-2/5. Mr. Gort: ...let hear from all the people in opposition and then write that down and you can speak in... Mr. Genuardi: One other thing is that my Chief Zoning Inspector mentioned about maintaining in a less deteriorated fashion but she did clean up the area as she was requested to and has maintained it in a clean condition. Thank you. Mr. Gort: Yes, ma'am. Ms. Tamames: Members of the Zoning Board, my name is Sylvia T amames. I live at 881 Belle Meade Island. Paragraph 2305.7 of the Zoning Ordinance of the City of Miami states, "For a special permit considerations shall be given to potentially adverse effects to the nearby properties, areas and neighborhood. The use or occupancy will be compatible and harmonious with other development in the area to a degree which will avoid depreciation and value of the nearby properties." The Special Exception permit granted to Caroline Gaynor does not conform to the guidelines as described in that ordinance as such use is not compatible or harmonious with other development in the area and in fact, creates a nuisance in our community. When the permit was issued, I inquired and was informed by Mrs. Teresita Fernandez from the Zoning Department that the other housebarge in the area set a precedent which allowed for the granting on the permit. You should realize that the so- called precedent refers to a housebarge established with no building permit and no Certificate of Use. Mr. Ed Milligan and Mrs. Robin Henry of the Zoning Department have been trying to have it removed for the past several years without success. Now, Mr. Juan Gonzalez, Chief Zoning Inspector, is attempting to have this illegal housebarge removed. We live in a very beautiful and unique, natural environment of residential homes in an area where each homeowner is required to follow the codes, rules and laws. Failure to comply with the rule causes the whole community to _ suffer. My question to the Zoning Board is how can an illegal housebarge be used to set a precedent which would allow for another housebarge to be moored in our community? Therefore, we, the majority against, request that the permit granted to Mrs. Gaynor not be renewed or extended. Thank.you very much. Mr. Gort: Thank you. Next. r Ms. Shearin: Good evening, my name is Marg arite Shearin. My husband and I live at 1169 Belle Meade Island Drive. I'm president of the Belle Meade Island Homeowner's Association. Since our organization was formed four years ago, we have had y 8 December 16, 1985 Aftieas Jr . Zoning Board �- l5 ,\ t r. considerable success in maintaining and even improving our area. we neighbors work together. We have even ;managed to prevent the deterioration of the Biscayne Boulevard area from encroaching on our neighborhood. However, now we need the help of the Zoning Board. You have seen pictures of the area. You know it is special, unique, beautiful. You have received petitions and „laps showing a large opposition to the granting of this special exception. All the areas colored in red represent property owners who signed our petition. There are many. Perhaps without realizing the damage involved, you have allowed a situation to develop which threatens our way of life. In a little more than a year, the Zoning Department has allowed three housebarges to dock in our neighborhood. In addition to this, they have been unable so far to dislodge two other live aboards who are there illegally without a special permit of any kind. A total of five live aboards. We point out that there are at least 12 vacant lots in the area all vulnerable to this kind of intrusion. Must we end up looking like the commercial section of Little River up there near the Biscayne Boulevard bridge? Are you going to help Biscayne Boulevard move into our area despite of all we have done and are doing to prevent this? We have turned back one of these special exceptions. On October 21 of this year, the Zoning Board granted a special exception to Jacqueline Dozier to moor a houseboat at 990 NE 78 Street, Lots 1 and 2 on your map, right near Caroline Gaynor. We appealed to the Miami City Commission and on November 26 by a vote of 5 to nothing, the Miami City Commission granted our appeal and reversed the decision of the Zoning Board. We are prepared to do this again. We must be heard. Caroline Gaynor's petition should never have been granted. Because we counted on the Zoning Department to protect our rights and the Zoning Board to turn down special exceptions which damage our neighborhood, the matter got as far as it did. No where in the Zoning Ordinance do we find that special exceptions must be granted. We can.not believe it is anyone's right to obtain a special exception over the protest of the neighborhood. Make no mistake about it. Our protest is overwhelming. This is a chance for the Zoning Board to repair the damage already done in allowing this special exception. Ms. Gaynor's own testimony at the original hearing is that she knew she made a good investment in the purchase of that lot. She will not lose by it. However, if you grant final approval we, our neighborhood, we'll lose by it. Remember, on our side of the river we see the same houseboat which was moved in there in :larch of '84. That is what we see; that is what our visitors see; that is what prospective buyers of property in our neighborhoods see and that is what downgrades the area except, of course, to i another houseboat owner. Please hear us. Give us at least the same consideration you gave the applicant of the special exemption. Thank you. (Applause from the audience.) Mr. Gort: Thank you. Next. Okay, ma'am, we have a few minutes for you for rebuttal and answer any questions. Ms. Gaynor: When I ... or rather when the ... when the Zoning Board sent out notices to the matrix, the original matrix of 35 homes, the number in favor, I just to make a correction here, the number in favor of my being granted or having no objection to my being granted my special exception were 10. The number opposed were 7 and neutral, having no comment, were 18. Now obviously since then, the Belle Meade Association has been very busy and rallied other homeowners to their side of the issue. Both sides are living their own lives. People who live on floating homes do it because they like it. It's a very special way of life. My particular lot is most fortunate because it was designed by a man who owned a floating home and wanted a good, strong slip to put it in as well as a lagoon behind it. Now when it comes to the objection about the lagoon, that on the site plan is not depicted as being landscaped. I said in my initial proposal that I intended to leave my lot very much as it 9 December 16, 1985, e Zoning Board - -- was with the addition of other natural plants which 1 have done and which I will show you. Let's see... Yes, a special exception is to be granted for a residential area. It is to have a home, a floating home, in a residential area, that's what the exception is designed for, not for commercial areas. As far as the gravel drive is concerned. Now, there they are correct. I said I was going to put in a gravel drive, I am going to put in a dravel drive...gravel drive, I haven't gotten to the gravel drive yet, although I have to everything else. As far as precedent is concerned or while I'm talking I, again, a picture is worth a thousand words and most of those pictures were of house... floating homes not mine and I'm really quite proud of mine and I'm very proud of what I've done with my property and I'd like you to see these photographs. May I emphasize the first one, I hope you get it in order, the first one is blue and this is the way the place looked when I came. It was taken by mother in March of 1984 when she took it she said, "Caroline, I know what you'll do and I know how this will look some time down the road so I just want a record of how it looks now," and the rest follow along logically. As I was saying, when it comes to the question of precedent which was raised, each special exception is considered by itself alone. There was quite a bit of discussion about this at the very end of our last session together and I emphasize that I am applying for the special exception for me and my ... and my mother and our particular conditions and that the Zoning Board in its wisdom and discretion considers my case individually as each special exception is considered individually. In no way does any one set a precedent for another. Mrs. Tamames made a great do about my special exception being on a granted on a precedent of an illegal boat. The boat next to me owned by Marjorie Hayes is not there illegally. It's been there for 17 years, long before there was such a thing as a special precedent and it's grandfathered in and is there quite legally and it...so I...and also at the original Zoning Board meeting there was no mention of, "Well, there's another houseboat there next to you so we'll use that as a precedent." That issue was most clear. Let's see, any other objections. I notice that the ecology objection has been withdrawn this time, I'm glad for that. My home is a haven for wildlife that duck in out of the river and have sanctuary. There have been Black -brown Night Herrings, a broad winged hawk recently was fishing the edge of my lagoon and a red breasted Merganser which is a rather rare bird was also fishing my lagoon and then there are all the regular mullet and snapper and fingerlings swimming around there too. So enough? Mr . Gort: Ms. Gaynor: Mr. Gort: Ms. Gaynor: Mr. Gort: and... Mr. Perez-Lugones: like to ask... Yes, ma'am. okay. Thank you. Your welcome. We'll now close the public hearing Mr. Chairman, if I may, I would Mr. Gort: Excuse me, sir. Let me close the public hearing and then you have all the questions and comments. Okay? Mr. Perez-Lugones: Yes, sir. 10 December 16, 1965 �Atens Zoning Board - ' r F Mr. Gort: Go ahead. Mr. Perez-Lugones: Ms. Gaynor, I would like to ask you for the record to put a statement that you have forwarded all the information and documents that you have presented to this Board for safe keeping by the Administration Department. Ms. Gaynor: You would like to ask me for a statement? Mr. Perez-Lugones: Yes, that you have forwarded to the Administration Department -- it's a yes or no question -- that you have forwarded all the information that you have make allusion to or all the documents that you have referred to during the course of this hearing. Ms. Gaynor: I don't quite understand. Ms. Maer: If I can restate that, Mr. Chairman. We're merely asking to make sure that we've received all the documents and photographs that you've referred to during your presentation. So let me... Ms. Gaynor: Ohl Ms. Maer: ...so let me just ask you that way. Have you supplied this Department with all photographs and other materials that you've referred to during your presentation? Mr. Gort: You can keep it all. Ms. Maer: We're going to keep it here. Ms. Gaynor: Yes. Ms. Maer: It's going to be in the custody of Aurelio's Department and... Ms. Gaynor: Fine. Ms. Maer: ...just asking you whether you've supplied us with all of those or whether you have some that you took back to your seat with you? Ms. Gaynor: Oh, I see what you mean! Well, you can have them all now. Ms. Maer: Okay, we'd like to have them all if you don't mind. If you need copies, you're welcome to come to Aurelio's office and they'll make copies for you but we need to keep all those things in our custody. Mr. Olmedillo: Mr. Gort: Mr. Chairman? Yes, sir. Mr. Olmedillo: Just a point of information for the benefit of the decision the Board takes. Mr. Gort: Guillermo. Speak a little louder, will you, Mr. Olmedillo: Yes, just a piece of information. I'm going to read off the Schedule of District Regulations under RS-2 Accessory Uses and Structures and it says Permitted Generally, "with dockage or moorage of two major private pleasure craft in connection with any residential use permitted." This I clarify because if you have a house and if you have a houseboat in connection with that house and you're not living in it, by right, you are allowed to have up to two pleasure crafts docked. 11 December 16, 1985 1-00 Zoning Board ■ So what I hear that the neighbors are objecting is to the tact that somebody is using it as a living quarters not to the presence of the houseboat itself because it is permitted generally. Mr . Gort: Thank you. Mr. Freixas: Mr. Chairman? Mr. Gort: Yes, Mr. Freixas. Mr. Freixas: I would like to ask something from the Department. I feel that what we have in front of us is not the approval —or this approval of this. We approved this back on July 16, 1984 and the reason we brought it back is because we wanted certain things to be done to the property. I really want a statement from the department and to find out whether the things that we said that she had to do on this inspection were they done? Yes or no? Mr. Genuardi or Juan or can somebody answer me that question? Mr. Gort: Madam Attorney. i Ms. Maer: For the Board's information and also in partial response to Mr. Freixas' question, I'd like to read into the record the resolution from the Zoning Board, if I may. t Mr. Freixas: Okay. Mr. Gort: Fine. i Ms. Maer: It's Resolution ZB 55-84. "after considering the City's findings and recommendations and the proposals of the applicant, the Zoning Board adopted Resolution ZB 55-84 granting the special exception as listed in Ordinance 9500, as amended, Schedule of District Regulations, page 1 of 6, RS-2 One -Family Detached Residential; Permissible Only by Special Permit, to allow the occupancy of one private pleasure craft as living quarters as a principal use at 960 NE 78 Street," and then there's also the legal description, "as per site plans on file, in conjunction with the vacant lot previously described subject f to maintenance and cleanup of the site and with a review six (6) months after the date of issuance of the Certificate of Occupancy," and then it goes on with additional information regarding the zoning —Just to summarize that Mr. Freixas: Okay. 1 Ms. Maer: ...Just to summarize that what this Zoning Board did in 1984 is they granted the special exception subject to maintenance and clean-up with a six month review to ascertain that that condition was fulfilled. Mr. Gort: Thank you. Mr. Genuardi. Mr. Genuardi: Yes, sir. 3 Mr. Freixas: The question... 1 Mr. Genuardi: Well... Mr. Freixas: ... the question that I had was those conditions that Madam City Attorney read from the Resolution ZB 55-84 that was voted unanimous by this Board July 3 16, 1984, have the inspection that you made on the property, are those conditions met? 12 December 16, 1985g I Zoning Board 1y :•!r . Genuardi. Our inspection which we made less than,a week ago indicated that the property is being maintained in a clean condition and therefore in compliance with the request of the Zoning Board. Mr. Gort: Okay, thank you, sir. Mr. Luaces: That is not what they have said here. t r. Mr. Channing: I have a question. Was this special exception subject to the site plan that we have here? Ms. Maer: The resolution was subject to the plan on file. Right. Mr. Channing: Okay. Ms. Maer: I'm not sure if it's the one that's in front of you, I haven't seen that one but it was subject... it was conditioned upon the site plan that was on file with the Department at that time. Mr. Channing: Okay, my question to Mr. Genuardi is what hasn't been done that shows on the site -plan? Mr. Genuardi: I'd have to...I'd have to review the site plan. I don't remember it. ( Pause while members of the staff looked at the site plan on file.) I haven't been out on the site to inspect it but based on what my inspector has told us that they did comply with the requirements at the time that I issued them the letter saying that she could occupy the houseboat and in the subsequent inspection last week, they found that it's being maintained and it's in clean condition. Mr. Gort: Is there any other question? Mr. Sands. Yeah, I want to know... Mr. Gort: Mr. Sands. Mr. Sands: I'm assuming —the question seems to be ... the property in question, is it compatible and in harmony with the other area? Mr. Olmedillo: I must add something. You have two different areas in question now. You have south of the Little River canal and you have north of the Little River canal. North of it you will find..in your packets you will see that there are three or four parcels of land which are vacant at this point. The character of it, you can see it by the value of the i homes, the size of the lots, and the way it's maintained, it's totally different from the island, the island which is immediately south of the canal. So we're talking about two different areas here. Mr. Sands: The area in which it's located, is it compatible with that? Mr. Olmedillo: In the area that it is located,_it ! is fronting 78 Street, it keeps in the same type of character that the neighborhood has in that area. s Mr. Gort: People let me tell you how I feel about this since there's a lot of doubts and questions. I've been through this area myself and I agree with the Planning Department, this is two completely different areas. North of the l river is an area that used to be a very nice area, it's been deteriorating for the last 15 years. You've got a lot of vacant lots in there, if you have such a beautiful area, I don't see any 13 December 16, 1985, Item 1 Zoning Board 7� new building permits there, I don't see any new houses going on in there. The deterioration has been taking place for the last 10 years and the area south of it is a beautiful ;kept area with the island, with most of the objectors are here for. As I can see it, I myself, I don't have any problems with this and 13on't see this is setting a precedent because the precedent ... we are the one to deal with. We look at each case that come in front of us and we look at each specific. I think this would be one w ay to maybe you can see some improvements on some of those empty lots that you've got in there right now. That's my personal feeling on this. Mr. Freixas: yr. Chairman? Mr. Gort: Yes, sir. Mr. Freixas: I'm sorry, you wanted to ask. Mr. Milian: I was just going to ask Aurelio if ... I can see here two sides of the coin. I can understand the concern that the neighbors have in the area, but on the other hand, I can see the exception was already granted and she has complied with all the requirements and it would be unfair for us to now reverse that decision that was made by...previously. Is it possible that the special exception be granted with a time limit to make sure —and the reason why I'm saying this is that Ms. Gaynor seems to be a very good neighbor but who can tell us that two years from now she will sell her property and that property will continue to deteriorate as previously. So is it possible to grant an exception and find some kind of a limitation on the number of years, if this exception is granted? Mr. Perez-Lugones: Mr. Milian, the Board can impose conditions to the granting and I'll let the City Attorney go into that a little bit deeper. Ms. Maer: What I'd like to explain is that this time you're not granting a special exception. This special exception was granted. This hearing tonight is not an application for a special exception. You granted the exception in 1984. You also imposed the requirement that the applicant clean-up and maintain the area and that she come back six months after the Certificate of Occupancy was issued so you would have a chance to make sure that she is complying with the terms pursuant to which you granted the special exception and that's why she's here tonight is so that you can look at the evidence and determine whether or not she's complied. Now, if what you're asking is whether you can at this point in time request an additional review at a later point in time to determine whether in fact she's continuing to meet the condition, if that's your question, I believe the answer would be yes, you could impose reasonable restrictions or conditions such as that as a further means of ascertaining that she's fulfilled the condition attached to the special exception. But you're not granting a new special exception tonight. She's already received the special exception. Mr. Milian: Okay. Well, that's the way I understood that the special exception had been granted already and the only thing that were here to decide is whether she complied and according to staff, she has complied. So I just can't see ourselves reversing that which already has been granted. so I, if no one else has further questions, I'd like to make a motion to grant the special exception subject to a review in two years. Ms. Maer: I think that —if I could restate exactly what I believe that you said. It —we're not granting a special exception tonight. What we're doing is approving or you would be finding in that case that she has met the condition thus far and... 14 December lb, 1985,_ Item 1 Zoning Board (.3 new building permits there, I don't see any new houses going on in there. The deterioration has been taking place for the last 10 years and the area south of it is a beautiful kept area with the island, with most of the objectors are here for. As i can see it, I myself, I don't have any problems with this and i don't see this is setting a precedent because the precedent...we are the one to deal with. We look at each case that come in front of us and we look at each specific. I think this would be one way to maybe you can see some improvements on some of those empty lots that you've got in there right now. That's my personal feeling on this. Mr. Freixas; Mr. Chairman? Mr. Gort: Yes, sir. Mr. Freixas: I'm sorry, you wanted to ask. Mr. Milian. I was just going to ask Aurelio if ... I can see here two sides of the coin. I can understand the concern that the neighbors have in the area, but on the other hand, I can see the exception was already granted and she has complied with all the requirements and it would be unfair for us to now reverse that decision that was made by ... previously. Is it possible that the special exception be granted with a time limit to make sure...and the reason why I'm saying this is that Ms. Gaynor seems to be a very good neighbor but who can tell us that two years from now she will sell her property and that property will continue to deteriorate as previously. So is it possible to grant an exception and find some kind of a limitation on the number of years, if this exception is granted? Mr. Perez-Lugones: Mr. Milian, the Board can impose conditions to the granting and I'll let the City Attorney go into that a little bit deeper. Ms. Maer: What I'd like to explain is that this time you're not granting a special exception. This special exception was granted. This hearing tonight is not an application for a special exception. You granted the exception in 1984. You also imposed the requirement that the applicant clean-up and maintain the area and that she come back six months after the Certificate of Occupancy was issued so you would have a chance to make sure that she is complying with the terms pursuant to which you granted the special exception and that's why she's here tonight is so that you can look at the evidence and determine whether or not she's complied. Now, if what you're asking is whether you can at this point in time request an additional review at a later point in time to determine whether in fact she's continuing to meet the condition, if that's your question, I believe the answer would be yes, you could impose reasonable restrictions or conditions such as that as a further means of ascertaining that she's fulfilled the condition attached to the special exception. But you're not granting a new special exception tonight. She's already received the special exception. Mr. Milian: okay. Well, that's the way I understood that the special exception had been granted already and the only thing that were here to decide is whether she complied and according to staff, she has complied. So I just can't see ourselves reversing that which already has been granted. so I, if no one else has further questions, I'd like to make a motion to grant the special exception subject to a review in two years. Ms. Maer: I think that... if I could restate exactly what I believe that you said. It ... we're not granting a special exception tonight. What we're doing is approving or you would be finding in that case that she has met the condition thus far and... 14 December 16, 1985,, item 1 Zoning Board 86-m „SS 'fr. ,Lilian: all right. Ms. Maer: ...you're asking... Mr. Milian: Okay. Ms. Maer: ... for another review at a later date. t Mr. Milian: Let's put it this way. We have found...at least as far as I'm concerned, I'm satisfied with the staff which has indicated that she has complied so I think we ... the only thing that we need to do here is to make sure that that compliance continues in the future and that's why I want to have an additional review within two years. Mr. Gort: Fine. Is there a second? Mr. Romero: Second. Mr. Gort: Is there any discussion? Call the question. Mr. Perez-Lugones: Mr. Chairman, we have a motion by Mr. Milian, seconded by Mr. Romero on item number 1. The motion is for a finding that the conditions as imposed by this Board at the time of granting which was on July of '84 have been met and that this Board has chosen to impose a review two years, a further review, two years after this date if this motion passes. I'll call roll on the motion. AYES: Ms. Basila Messrs. Gort, Milian, Romero, Freixas, Channing, Sands and Luaces NAYES: None. ABSENT: Messr. . Moran-R ibeaux ( During vote) Mr. Gort: Before I vote, I'd like to make a little statement and I appreciate you all being here on a Monday night like tonight. You keep shaking your heads but let me tell you something. That area there, if you've lived there for a long time, you've seen the deterioration that has taken place north of it. My ... a little advice is, I think you should all get together, you and your neighbors, and try to see what is some of the problems that they have with your property and try to comply with it. At the same time, I think you people should try to see some use for that land because right now, I have not seen any homes being built there in the last 10 or 15 years. My vote is yes. Mr. Perez-Lugones. Mr. Chairman, the motion on item number 1 carries unanimously. 15 December 16, 1985 JWLSO� Zoning Board 17 RESOLUTION ZB 166-35 AFTER FINDING THAT THE CONDITIONS AS IMPOSED AT THE TIME OF GRANTING HAVE BEEN MET, THE ZONING BOARD CONTINUED APPROVAL OF THE SPECIAL EXCEPTION GRANTED ON JULY 16, 1984 (RESOLUTION ZB 55-84) ALLOWING THE OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING QUARTERS AS A PRINCIPAL USE AT 960 NE 78 STREET, ALSO DESCRIBED AS LOT 5, BLOCK 22, SHORE CREST (10-23) P.R.D.C., AS PER SITE PLAN ON FILE, IN CONNECTION WITH THE VACANT LOT PREVIOUSLY DESCRIBED SUBJECT TO MAINTENANCE AND CLEAN-UP OF THE SITE, SUBJECT TO A REVIEW TWO (2) YEARS FROM DECEMBER 16, 1985 FOR CONTINUED MAINTENANCE AND CLEAN-UP OF THE SITE; ZONED RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL. 16 December 16, 19858&ettss _ Zoning Board