HomeMy WebLinkAboutR-85-1137a
J-85-1095(b)
11/8/85 �Y` .113i RESOLUTION NO.`s"
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD AND THEREBY DENYING THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CTTY OF
MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE
1 OF 6, RS-2 ONE -FAMILY DETACHED RESTDENTIAL,
PRINCIPAL USES AND STRUCTURES, TO PERMIT
OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS
LIVING QUARTERS IN CONNECTION WITH A VACANT
LOT LOCATED AT 990 NORTHEAST 78TH STREET,
ALSO DESCRIBED AS LOTS 1 AND 2, BLOCK 22,
SHORE CREST (10-23) P.R.D.C., SUBJECT TO
CLEANUP AND MAINTENANCE OF SITE AT ALL TIMES,
BOAT MAINTAINED IN GOOD CONDITION AND A
REVIEW BY THE; ZONING BOARD ONE YEAR FROM
OCTOBER 21, 1985, WITH A COURTESY NOTICE TO
ALL PROPERTY OWNERS WITHIN 375' OF THE
SUBJECT PROPERTY AND AT WHICH TIME THE SETA
WALL SHALL RE PARTIALLY OR TOTALLY REBUILT.;
ZONED RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL.
WHEREAS, the Miami Zoning Board at its meeting of. October
21, 1995, Ttem 1, following an advertised hearing, adopted
Resolution ZB 147-85 by an 8 to 0 vote, granting the Special
Exception as listed in Ordinance 9500, as amended, Schedule of.
District Regulations, Page 1 of 6, RS-2 One -Family netached
Residential., principal Uses and Structures, to permit occupancy
of one private pleasure craft as li,7ing quarters in connection
with a vacant lot located at 990 Northeast 78th, more
particularly described herein, subject to certain enumerated
conditions; and
WHEREAS, the Belle Meade Island Homeowner's Association and
concerned property owners have taken an appeal to the City
Commission from the granting of the Special Exception; and
WHEREAS, the City Commission after careful consideration of
this matter notwithstanding the decision of the Zoning Board,
finds that the proposed occupancy as approved by the Zoning Board
fails to meet the requirements of Zoning Ordinance 9500
pertaining to the granting of Special Exceptions;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
.a r- lArIl q0
.Ah1
Section 1. The decisinn of the Zoning Board in granting
a Special Exception as listed in Ordinance 9500, as amended, the
Zoning Ordinance of the City of Miami, Schedule of District
Regulations, Page
1 of 6, RS-2
One -Family Detached
Residential,
Principal T)ses and
Structures,
to permit occupancy of
one private
pleasure craft and living quarters in conriection with a vacant
lot located at 990 Northeast 78th Street, .also described as Lots
1 and 2, Block 22, SHORE CREST (10-23) P.R.O.C. subject to
cleanup and maintenance of site at all times, heat maintained in
good condition, and a review by the Zoninq Board one year from
October 21, 1985, with a courtAgy notice to all property owners
within 375' of the subject property, and at which time the sea
wall shall be
partially or
totally
rebuilt; zoned
RS-2/2
One -
Family Detached
Residential,
with a
time limitation
of six
(6)
months in which a Certificate of Use and Certificate of Occupancy
must be obtained, is hereby reversed and the application for a
Special Exception is hereby denied.
PASSED AND ADOPTED this 26th day of NOVEMBER
ATT
MRrPY HIRAI
City Clerk
PREPARED AND APPROVED BY:
"ol
/�'n,/
G. MIRIAM MAER
Assistant City Attorney
APPROVED A
L UCT"'"A . DDDU
City Attorney
GMM/bjr/B079
N
AND CORRECTNESS:
-2-
ayor
1985.
(�•`j `11.31
L'
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM Sergio Pereir
City Manager
DATE November 13, 1985 FILE
13
SUBJECT RESOLUTION - APPEAL BY OBJECTOR
SPECIAL EXCEPTION GRANTED BY
ZONING BOARD - 990 NE 78 STREET
REFERENCES COMMISSION AGENDA - NOVEMBER 26, 1985
ENCLOSURES PLANNING AND ZONING ITEMS
It is recommended that a review be
made of the Special Exception
granted by the Zoning Board
permitting the occupancy of one
private pleasure craft as living
quarters in connection with a vacant
located at 990 NE 78 Street.
The Zoning Board, at its meeting of October 21, 1985, Item 1, following an
advertised hearing, adopted Resolution ZB.147-85 by an 8 to 0 vote, granting
the Special Exception as listed in Ordinance 9500, as amended, the Zoning
Ordinance of the City of Miami, Schedule of District Regulations, page 1 of 6,
RS-2 One -Family Detached Residential, Principal Uses. and Structures to permit
occupancy of one private pleasure craft as living quarters in connection with
a vacant lot located at 990 NE 78 Street, also described as Lots 1 and 2,
Block 22, SHORE CREST (10-23) P.R.D.C., subject to clean-up and maintenance of
the site at all times, boat maintained in good condition, and a review by the
Zoning Board one year from October 21, 1985 with a courtesy notice to all
property owners within 375' of the subject property and at which time the sea
wall shall be partially or totally rebuilt; zoned RS-2/2 One -Family Detached
Residential . This Special Exception has a time limitation of six ( 6 ) months
in which a Certificate of Use and Certificate of Occupancy must be obtained.
Four objections received in the mail; fifteen opponents present at the
meeting. Thirteen replies in favor received; two 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:III
cc: Law Department
NOTE: Planning Department recommends: APPROVAL subject to limitation of no
other residential unit on site and
subject to clean up and maintenance of
site with a six month review by Zoning
Board
8v _113 i
ZONING FACT SHEET
LOCATION/LEGAL 990 NE 78 Street
Lots 1 and 2
Block 22
SHORE CREST (10-23) P .R .D .0 .
APPLICANT/OWNER Jacqueline Dozier
P.O. Box 274
Miami, FL 33133 Phone # 865-4310
ZONING RS-2/2 One -Family Detached Residential
REQUEST Special Exception as listed in Ordinance 9500,
as amended, the Zoning Ordinance of the City of
Miami, Schedule of District Regulations, page 1
of 6, RS-2 One -Family Detached Residential,
Principal Uses and Structures to permit
occupancy of one private pleasure craft as
living quarters in connection with a vacant lot.
RECOMMENDATIONS
PLANNING DEPARTMENT APPROVAL SUBJECT TO LIMITATION OF NO OTHER
RESIDENTIAL UNIT ON SITE AND SUB3ECT TO CLEAN UP
REYLLW BY THE ZONING BOARD. utner slmtiar types
of occupancy exist along this segment of Little
River and therefore this use would not be at
odds with the surrounding land use and
development. There should be restrictions,
however, to the effect that a single family
residence shall not be allowed on the subject
property while the private pleasure craft is
utilized as living quarters.
PUBLIC WORKS Require the dedication of the east 10' of Lot 1.
DADE COUNTY TRAFFIC
b TRANSPORTATION No comment.
ZONING BOARD At its meeting of October 21, 1985, the Zoning
Board adopted Resolution ZB 147-85 by an 8 to 0
vote, granting the above subject to clean-up and
maintenance of the site at all times, boat
maintained in good condition, and a review by
the Zoning Board one year from October 21, 1985
with a courtesy notice to all property owners
within 375' of the subject property and at
which time the sea wall shall be partially or
totally rebuilt.
�� -113 7
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tp Item # 1 E' -11.3 AP R- 36
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990 NE 78 Street 3 5-36 %.
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KOPPEN, WATKINS. PARTNERS a ASSOCIATES
ti
A PROFESSIONAL ASSOCIATION
ATTpRS AT LAW
i
MOSIERT A. KOPPtN
J. MEROERT WATKINS. JP.
SUITE 605 BARNETT BANK BUILDING
R. OANIEL KOPPEN
7900 N. E. SECOND AVENUE
GtORGE M. EVANS
LITTLE RIVER, MIAM1, CLORIOA 33138
GEORGE J. LOTT
TELEPHONE (305) 75A • 54AZ
w
ALAN S. WALTERS
CURTIS J. NCRBERT
MAPITZA GONZALEZ
'
Or COUNSEL
LEONARD OUDZIAK
October 30, 1985
Mr. Aurelio Perez-Lugones
Director of Planning & Zoning
Board Administration
275 Northwest 2nd Street
Room 226
Miami, Florida 33128
IN RE: ITEM I: 7:00 P.M., October 21, 1985
Meeting of Miami Zoning Board
Special Exception - 990 N.E. 78th Street,
Miami, Florida
Dear Mr. Perez-Lugones:
The office of the undersigned has been retained to
represent the Belle Meade Island Homeowner's Association,
and concerned property owners, with respect to the above
referenced item. The express purpose of this correspondence
being to serve the requisite Notice of Appeal as to the action
taken by the Miami Zoning Board: The Appeal being to the Miami
City Commission. The appeal is grounded on the allegations
that the Board based its decision on erroneous information
supplied by Staff and the Petition, 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.
Very truly yours,
KOPPEN, WATKINS, PARTNERS &
ASSOCIATES, a Professional
Association
R. DANIEL KOPPEN
RDK/smw
P
RECEIVED
�y
PUONT LICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION
�7- File Number DSE-8
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 Urhitations, 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 ii
mandatory for Special Exceptions. In other respects, ese classes or 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 the director shall make any further referrals required by these
regulations.
1, , hereby apply to the .City of
Miami Zonijfg Bo—c—r-&-for approval of; check one:
Class D Special Permit
, X Special Exception
for property located at _ 996 J'LftL 1�J'Yl
Miami.
Nature of Proposed Use (Be specific)
Form 10-83
Page 1 of 3 gL -•-113 7
'0
=h the following in support or explanation of this application:
1. Two surveys of the property prepared by a State of Florida Registered band
Surveyor.
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).
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). '
S. At least two photographs that show the entire property (land and improvements).
6. Other (Specify)
7. Fee of $—�L ( _t. t _ , 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 Cod Section 62-61).
Signatvrb� - l •
r or Authorize Agen
Name---6 NdC__t
Address
X ✓' l C -�
City, State, Zip J)7/
Phone /�_�� �' !r 5
STATE OF FLORIDA) SS:
COUNTY OF DADE )
aeposes ana says that he is the (Owner) (ev*w
above; that he has read the foregoing answers and that
(if acting as agent for owner) that he has authority
behalf of the owner.
Form 10-83
Page 2 of 3
being duly sworn,
*vwl) of the real property described
the some are true and complete; and
to execute this application form on
1 3"
r
SWORN TO AND S Lq3SCRIBED
before me this day
of 198
MY COMMISSION EXPIRES:
NOTARY PUBLIC STA T j OF FLORIDA
MYC01.v; ics;Cl• E.p Kf: ;PR Ic IYb%
6JiiGE� THicu GEhEk-� IN'SURl,NCf UND
Form 10-83
(SEAL)
ame
Notary Flyblic, btate at lorlda at Large
D
fi
• STATE OF FIDRIDA) ,
SS.
COU = OF DADE )
AFFIDAVIT
Before me, the undersigned authority, thins day personally
appeared Ark LI A F'_ _> e-,7 i f /,-,0 _ . who being by rre first duly sworn,
upon oath, deposes and says:
1. That he is the owner, or the legal representative of the
owner, submitting the accompanying application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and complete permission for him to act in their behalf for the change
or modification of a classification or regulation of zoning as set out in
the accompanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, phone mnbers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts -as represented in the application and documents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
GC L ( SEAL)
(Name1
Swom to and Subscribedbeforeme
this day of 19 Ar ' _
Notary46lic, State of Florida at Iarge
My L4 mission Expi.r'es:
NOTARY PUBLIC STATE OF FLORIDA
MY COMM 1 SS I ON EXP I RES APR 16 196 7
19NDED TKJW GENE" INsu&,vrj urea
u
.1 -W '3
RZ C
BY �J
COI:iROIs� lbt�
No.r'�J
SL -11 9
.x
OWNER'S LIST
Owner's flame—,, c: ► I` _
Mailing Address h L
Telephone Number ;,• ) j'� �-- yl 0 �
Legal Description:'
cn
Owner's Name 1 C.� z� J1:!z�
Mailing Address
Telephone Number_
Legal Description:
Owner's Name
Mailing Address .
Telephone Number_
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address
Street Address
Street Address
Legal Description
Legal Description
Legal Description
S: 113 ,
)6
DISCI"UF.E ;OF. GtNERRU:
1. Liegal descript' n and street address of subject real property:
yyC� r.t 3713S.
)- a TS / an sloe -lc .?z 2 )9 i of SHoRE�/PESi
•� 112 a% v
Q LtG rG.trl� y�o /�/c � � !t Lor-C��G� U► I/��
806A �aJ ?4ye .z3 v� Ruh%ie ,Peco--dS
2. Owner(s) of subject real property and percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
Faving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
�JMC. . LELJNE ��Z1E=�, /CCU `o 11ctn:r!R.
/yc'o A/. e . 7
PI U. G3c�L a S/
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located within
375 feet of the subject real property.
OR
STATE OF FIARIDA ) SS:
COLRNI'Y OF DADE )
J R c (��� E,, A✓ F_ 7!) u Z t £ r- , being duly sworn, deposes and
says that ne is the (Owner) ) of the real property
a
described in answer to question #I, bove; that he has read the foregoing
answers and that the same are true and wriplete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
J,2/ e WL e Z'2- IL -
(Name
SWORN TO AMID SUBSCRIBED
before me this 1 / 0,f -
day of
MY Co'%ZISSICIN WIRES:
NOTARY PUBLIC STATE OF FLORIDA
gy COMMISSION EXPIRES APR 18 1987
MQ+IDED THRU GENERAL INSURANCE UND
le'c� 5�;'L�
Notary 1c, State o
Florida at Large
(over) SL'., 1.1374
I /