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HomeMy WebLinkAboutSubmittal-Bercow Radell and FernandezSchimmel, Howard & Marlena 350 NE 56th Street 10-00296Iu 10-0029 6zc City Commission October 28, 210 Item PZ.I 4 and PZ 15 SUBMflED TO THE JBU,. RECORfl FOR 7 0 Or B G RCOW FADE LL & FER NAN D 'CZ Table of Contents 1. Photos 2. Support Letters 3. Covenant Submitted Into -the public recor n nnection with item YZ-!I on iD- -ld Priscilla A. Thompson City Clerk 1 . Photos Submitted Into the public recorA in connection with item Z /' on I0-2g-/7 Priscilla A. Thompson City Clerk Submitto4Into the pub irtizt:modyzin.ic4fOr.;enc;:ico7n2w;: 'PrisciVa P. mlir;1711.i c4 2. Support Letters �t IntoPthe pile recogl in connection with !terra 19 on iO 2 10 April 7, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 444 SW 231d Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purposed of this letter is to advise you that as the resident of the home located at 344 NE 56th Street, directly abutting the property to the West, we herby support the Schimmels' request for a land use zoning change. The existing kit is vacant and the Schimrnels' proposed plan will create a better transition between the existing warehouse and our home. Sincerely, tkif ccilb( 1Y; /-t9•A Miguel A. Simistera 305-904-2944 the public In connection with stern Z 19 on 10 -Z !Q Priscilla A. Thompson City Clerk 68£ 999 $O£ No!10 �uaei do90 01. LO jdy May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident 1 hereby support the Schirnmels` request for a land use zoning change. The existing lot is vacant and the Schimmels' proposed plan will create an excellent transition . Sincerely, 42 6 ubmitted Into the public record In connection with Itemrz iy onId-Z -10 Priscilla A. Thompson City Clerk May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schimmels' request for a land use zoning change. The existing lot is vacant and the SchimmeLs' proposed plan will create an excellent transition . Sincerely, ccu, Submitted into the public in connection with Item Z 14 nn 10 • Zg -10 Priscilla A. Thompson City Clerk May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Depai Inient City of Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schirnrnels' request for a land use zoning change. The existing lot is vacant and the Schimmels' proposed plan will create an excellent transition . Sincerely, Submitted Into the public recordIn connection with Item Z• I1-1 on 10 -ZV -10 Priscilla A. Thompson City Clerk May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 441 SW 2nd Avenue, 3rd Floor Miarnni, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schimmels' request for a land use zoning change. The existing lot is vacant and the Schimmels' proposed plan will create an excellent transition . Sincerely, 331 ALE 5 $ubmitt Into the public recorsi in connection with item Z l on /o-2' -/9 Priscilla A. Thonipsr , City C'': May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Depai Latent City of Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schimmels' request for a land use zoning change. The existing lot is vacant and the Schimmels' proposed plan will create an excellent transition Sincerely, 32 e Submitted into the public recor, jr,cc�onnec Lion with item r ! on (0' 'IO Priscilla A. Thompson :414 City Clerk May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 441 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schimmels' request for a land use zoning change. The existing lot is vacant and the Schimrnels' proposed plan will create an excellent transition . Sincerely, Submitted into the public record in connection with item PZ. /L on /0 -4 -10 Priscilla A. Thompson City Clerk April 6, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 414 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schi imels' request for a land use zoning change. The existing lot is vacant and the Schimmels" proposed plan will create an excellent transition . Sincerely, Submitted Into the public recor}� in connection with item !'Z''` on 70-.Z1'-/C Priscilla A. Thompson City Clerk May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schirrunels' request for a land use zoning change. The existing lot is vacant and the Schinnrnels' proposed plan will create an excellent transition . Sincerely, Submitted Into the public record in connection with item ,. !' iono-2I' Priscilla A. Thompson City Clerk May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez; The purpose of this letter is to advise you that as a resident I hereby support the Schimmels' request for a land use zoning change. The existing lot is vacant and the Schimmels' proposed plan will create an excellent transition . Submitted Into the public record in connection with item on ( /o Priscilla A. Thompson City Clerk May 25, 2010 Mrs. Ana Gelabert-Sanchez, Director Planning Department City of Miami Riverside Center 411 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Dear Mrs. Gelabert Sanchez: The purpose of this letter is to advise you that as a resident I hereby support the Schimmels' request for a land use zoning change. The existing lot is vacant and the Schi.mmels' proposed plan will create an excellent transition Sincerely, bei\D-N-fb ✓l�.cL 0n411,4. Fr 33137 C1,_7)S--70 -5-i-to Submitted Into the public record in connection /� item on Priscilla A, Thompson City Clerk 3. Covenant Submitted Into the public recor in connection with item Pz /q on /9-2 -/o Priscilla A. Thompson City Clerk This instrument was prepared by and after recordation return to : Name: Ben Fernandez, Esq. Address: Bercow & Radell, P.A. 200 S. Biscayne Boulevard, Suite 850 Miami, FL 33131 (Space reserved for Clerk) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of 2010, by Howard and Marlene Schimmel (hereinafter referred to as the "Owners"), are in favor of the CITY OF MIAMI, FLORIDA, a municipality located within the State of Florida (hereinafter referred to as the "CITY"), WITNESSETH WHEREAS, the Owners sought and obtained a rezoning pursuant to Ordinance No. , for the property located at 350 NE 56 Street Miami, Florida and being legally described as: (See attached exhibit "A"). WHEREAS, on , 2010 the City Commission approved the rezoning of the Property to General Commercial; Subrr lyttcd Into the public re„ in connection with en_ ��1 Priscilla A. City Clerk WHEREAS, the Owners are desirous of making a voluntary binding commitment to assure that the Property shall be developed in accordance with the provisions of the Declaration herein. NOW THEREFORE, the Owners voluntarily covenant and agree that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Owners of the Property, and its heirs, successors and assigns as follows: Section 1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Owner hereby makes the following voluntary declarations running with the land concerning the use of the Property: A. That no development on the property shall exceed three (3) stories in height. Section 3. Effective Date. This Declaration is effective at the date of execution hereof. This instrument shall constitute a covenant running with the title to the Property shall be binding upon Owners, their successors and assigns. These restrictions shall be a limitation upon all present and future Owners of the Property and shall be for the public welfare. Section 5. Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then Owners of the fee -simple title to the land to be affected by such modification, amendment or release, providing that same has been approved by the Submitted into the public record in connection with item 17Z-/4i on/O-2 '-10 Priscilla A. Thompson City Clerk City Commission after a public hearing which public hearing shall be applied for at the expense of the Owner. Section 6. Inspection and Enforcement. An enforcement action may be brought by the City by action in law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, or provisions of the building and zoning regulations, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any other remedies available under the law. This enforcement provision shall not apply against the City of Miami. Section 7. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of the Declaration, which shall remain in full effect. Section 8. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owners. [Signature Page(s) to Follow] Submitted Into the public record in connection with item PZ- /Li on I Priscilla A. Thompson City Clerk ACKNOWLEDGMENT Signed, witnessed, executed and acknowledged on this _ day of , 2010. Witnesses: Signature Print Name Signature Print Name STATE OF COUNTY OF Howard Schimmel Marlene Schimmel Address: 382 NE 56th Street Miami, FL 33140 The foregoing instrument was acknowledged before me by the of Howard and Marlene Schimmel. They are ❑ personally known to me or ❑ have produced , as identification. Witness my signature and official seal this day of 2010, in the County and State aforesaid. Notary Public State of My Commission Expires: Print Name Submitted Into the public recoriel in connection with item vz /'} on Priscilla A. Thompson City Clerk x EXHIBIT A Legal Description: Lot 4, Block 4, DIXIE HIGHWAY TRACT as recorded in Plat Book 5, at Page 24, of the Public Records of Miami -Dade County, Florida. Submitted Into the public record in connection with items I can 10 Priscilla A. Thompson Clerk