HomeMy WebLinkAboutSubmittal-John Dolson-LetterJohn Dolson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015, City Hall
Summary comments:
My name is John Dotson. I live at 4205 Lennox Drive in Coconut Grove. l am
speaking as a concerned citizen of Miami am commenting on PH3, the proposed plot of
Battersea Woods.
There have been clear and unambiguous violations of our City Code with this
development and l am requesting you deny the plat.
The most important code violation is NCD-3 code, Appendix A., Sec 3.6.g.1 and
the circumvention of the prescribed warrant requirement. Detailed wording is provided
as an attachment, but the key points are:
No building sites in existence prior to September 24, 2005 shall be
diminished in size except by Warrant. The specifics of the City of Miami Code
Ordinance clearly show this property, with a home on it built in 1910, has been
classified as a building site prior to September 25, 1946 and requires a warrant. This
assertion is backed up by the following:
1. Section 55-10, section (a) which deals with permitting on un-platted land or
lots divided into separate parcels. This key section has been notably left
out of arguments presented by Devin Cejas in an interpretation dated
Sept. 20, 2016. Section c of 55-10, notes an exception to building on un-
platted land, stating that any un-platted land with a one -family detached
dwelling described by deed prior to Sept. 25, 1946 is a building site. As
such, it requires a warrant to subdivide.
2. We are submitting, under ADDITIONAL PROPERTY INFORMATION, records
showing the house was built in 1910 and is a building site, requiring a
warrant.
3. Parsing of words by the developers and planning and zoning board as to
`what constitutes a lot' is irrelevant given the specific wordings in the code.
I am not anti -development. I am pro -code enforcement. Enforcing the code
allows the city, the neighbors and the developers to create a better future.
Circumvention of both the intent and specifics of the code has created a legal
mess for the city and its citizens. Show the good governance we all want and
know you seek to be known for. Deny the plat.
Submitted into the public n
record or �+ .�
on Mk tt I)1Qi • City Clerk
Nu,), -
John Dolson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015, City Hall
Attachment: Detailed wording and arguments
The Code Violation I would like to bring to your attention is in regards to the NCD3 code:
Appendix A. Sec 3.6.g.1 and the circumvention of the prescribed warrant requirement, In
particular ..,No building sites in existence prior to September 24, 2005 shall be diminished in
size except by Warrant,
1. I am submitting Section 55-10 (a) of the City of Miami Code Ordinance which reads- Na
building, paving, remodeling or renovation permits shall be issued for any structure, or
other on -site improvements, on any land for which a plat has not been recorded in the
public records of the county or on a lot of record that has been divided into separate
parcels, except as hereinafter provided,
2. And below that is section (c) ....A building, remodeling or renovation permit may be
issued for constructing, remodeling or renovating a one -family detached dwelling and
customary accessory buildings on a parcel of un-platted land or on a lot of record that.
has been divided into separate parcels, if proof is submitted that said un-platted parcel
was described by deed prior to September 25, 1946, ....A one -family detached
dwelling and customary accessory building on a lot, or lots of record that has been
divided in separate parcels may obtain a building permit for such lot(s) upon review
and approval by the plat and street committee, providing the lot(s) are in
compliance with the lot size requirements set forth in the Miami 21 Code, or any
successor land development regulations of the city.
3. I am submitting a print out of the Miami -Dade Property Record Card for Battersea
Woods. Under the ADDITIONAL PROPERY INFORMATION section you will see —
YEAR BUILT 1910
This is a building site. Our City of Miami Chapter and Code Ordinance sec 55-10 states that it
is. The records confirm that it is. TWO Assistant City Attorneys in emails dated October 29
and 30th, 2015 confirm that it is (evidence presented by other speakers). It is a building site.
Therefore, no building sites in existence prior to September 24, 2005 shall be diminished in size
except by Warrant. This is a violation of the code and I request that the Commissioners deny
the plat and force them to comply with the code and go through the Warrant Process
Documents submitted:
1. Miami City Code Ordinance: Section 55-10; NCD3 A 3.6,g.1;
2. Property Record Card Miami Dade -1910
Submitted into the public
record for it m(s)
on 1{ ',� City Clerk
John Dolson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015, City Hall
Attachment 1:
https:ffwww.municode.comllibrarv/ftimiamilcodeslcode of ordinances?nodeld=PTIITHCD CH5
5SURE S55-1OBUPEISREEX
Sec. 55-10. - Buildinu permits; issuance: restrictions; exceptions.
(a)
No building, paving, remodeling or renovation permits shall be issued for any structure, or other
on -site improvements, on any land for which a plat has not been recorded in the public records of
the county or on a lot of record that has been divided into separate parcels, except as hereinafter
provided.
(b)
No complete, partial or temporary certificate of use and/or occupancy shall be issued by the city
for any structure on any lot in the subdivision unless or until all of the required subdivision
improvements are completed.
(c)
A building, remodeling or renovation permit may be issued for constructing, remodeling or
renovating a one -family detached dwelling and customary accessory buildings on a parcel of
unplatted land or on a lot of record that has been divided into separate parcels, if proof is
submitted that said unplatted parcel was described by deed prior to September 25, 1946, or said
division of lot was approved under zoning regulations in effect prior to June 27, 1983. A one-
family detached dwelling and customary accessory building on a lot, or lots of record that has
been divided in separate parcels may obtain a building permit for such lot(s) upon review and
approval by the plat and street committee, providing the lot(s) are in compliance with the lot size
requirements set forth in the Miami 21 Code, or any successor land development regulations of
the city. The plat and street committee shall review the lot(s) of record and confirm that the
construction of a one -family detached dwelling is able to be built on such lot(s) of record in
compliance with the City Code and Miami 21 Code, or any successor land development
regulation of the city. Further provided that any necessary right-of-way be dedicated and a
covenant be executed to comply with requirements of the Code concerning street improvements.
(d)
A permit may be issued for the repair, remodeling or renovation of a conforming or
nonconforming building (other than a single-family detached dwelling and customary accessory
buildings), structure or parking lot on a parcel of unplatted land or on a lot of record that has
been divided into separate parcels, if proof is submitted that said unplatted parcel was described
by deed prior to September 25, 1946, or that said division of lot was approved under zoning
regulations in effect prior to June 27, 1983. Said permit will be for ordinary repairs, remodeling
or renovation, for repairs or replacement of nonbearing walls (or of bearing walls where
necessary for structural safety), fixtures, wiring or plumbing to an extent not exceeding those
applicable provisions of the Miami 21 Code, as amended, or the Florida Building Code,
whichever is more restrictive.
Submitted into the public l\
record r it (s)
onCity Clerk
John Dolson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015,.City Hall
(e)
A building permit may be issued for construction of a building (other than a one -family detached
dwelling and customary accessory building), structure or parking lot on a lot, or lots, of record
that has been divided into separate parcels, if proof is submitted that said division was described
by deed prior to September 25, 1946, or that said division was approved under zoning
regulations in effect prior to June 27, 1983.
(0
A permit may be issued for the construction by the city, its agent or lessee on city -owned land,
platted or unplatted, of a structure or other on -site improvements.
(g)
A permit may be issued for the construction, renovation or repair of non -habitable on -site
improvements on unplatted land when said improvements are mandated by the City Charter, City
Code or city commission.
(h)
Where a "covenant in -lieu of unity of title" is accepted for a project pursuant to Article 7 of the
Miami 21 Zoning Code, as amended, and the combined property included in the "covenant in
lieu of unity of title" is legally platted or meets an exception to platting provided in City Code
section 55-10, replatting of existing and future internal divisions of the property will not be
required for said project provided that the combined property is in compliance with the covenant
in lieu of unity of title.
(i)
A building permit may be issued for construction of improvements on private property or on
governmental agency -owned land within the boundaries of an approved tentative plat prior to
final plat approval and recordation thereof, subject to: (1) completion and approval, by city
commission resolution, of the rights -of -way and platted easements vacation and closure
procedure as set forth in section 55-15, if applicable; (2) submittal of an opinion of title from an
attorney member of the fund in a form acceptable to the city attorney; (3) execution of the
subdivision improvements agreements and any development agreements warranted by the city;
and (4) the recording of an agreement executed by the private property owner or the
governmental agency, the developer and the city, at the private property owner's or the
governmental agency's expense. The provisions of the agreement shall include, as applicable, but
not be limited to the following:
(1)
Payment of all actual or estimated permit and other applicable regulatory fees associated with the
improvements to the city prior to issuance of any building permits.
Submitted into the public tt
record r ite s) VI. 3
on City Clerk
John Dolson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015, City Hall
(2)
Acknowledge they are proceeding at their own risk and acknowledge that they will not make a
vested/property rights claim or cause of action arising or accruing by virtue of these exceptions
and agree to indemnify, defend, and hold harmless the city, and, when applicable, post a payment
and performance bond for the city in connection with the improvements on the tentative plat.
(3)
Agree to immediately cease all construction and relinquish any and all rights to improvements
constructed on the property to the governmental agency in the event that the plat is not recorded
within the recordation period, as defined in subsection (10), and thus allowing the city to
withdraw from the payment and performance bond.
(4)
Acknowledge that nothing in the agreement shall prejudice the city's right to impose conditions
on approval of the plat which are required by state, county, and/or city plat ordinances and
zoning regulations or are otherwise necessary to ensure the public health, safety and welfare of
the citizens of the city; nor shall the city be stopped from enforcing the terms of the agreement
by reason of its issuance of building permits.
(5)
Agree that the issuance of building permits is not a grant of any vested right whatsoever to the
governmental agency or developer to use to complete construction of the project within the
boundaries of the plat.
(6)
Acknowledge that a temporary certificate of occupancy or a certificate of occupancy shall not be
issued, unless and until the governmental agency or developer obtains final plat approval and
records the final plat in the official records of Miami -Dade County, Florida, within the
recordation period, as defined in subsection (10).
(7)
Acknowledge that the condition of subsection (6), shall appear on the face of any and all
building permits issued by the city pursuant to the agreement.
(8)
Acknowledge that any building permits issued by the city for construction of the improvements
will be issued in accordance with all applicable laws and the terms and conditions set forth in the
agreement.
Submitted into the public
record f it m(s) +
on �i . City Clerk
John Dolson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015, City Hall
(9)
Acknowledge that the city reserves the right to evaluate all applications for building permits for
compliance with all existing laws, ordinances and regulations controlling the issuance of
building permits for construction within the city.
(10)
Acknowledge that the date to obtain city final plat approval and recordation of the plat in the
official records of Miami -Dade County, Florida, the "recordation period," is the same as the
expiration date set forth in the tentative plat approval.
In the event that the governmental agency or developer does not record the plat by the expiration
of the recordation period, the governmental agency and developer agree to immediately cease all
construction activities on the property and to relinquish any and all rights to any improvements
constructed thereon to the governmental agency; or if requested by the city, to forthwith remove
the improvements within three months of the expiration of the recordation period. The
governmental agency and developer agree the city shall not be held financially responsible to the
governmental agency, developer or any third parties in connection with any actions taken in
accordance herewith. The city will also be able to withdraw from the payment and performance
bond when applicable.
(12)
The governmental agency and developer agree to indemnify, defend, and hold harmless the city
from any claims, demands, liabilities, losses, causes of action of any nature whatsoever arising
out of or in connection with the agreement, the granting of any building permits or any part
thereof, from and against all costs, fees, expenses, liabilities, any orders, judgments or decrees
which may be entered in from and against all costs, attorneys' fees, expenses and liabilities
incurred in the defense of such claim or in the investigation thereof. The governmental agency
and developer agree to also post a payment and performance bond in favor of the city for the
amount of the project, when applicable.
(13)
A joinder by any mortagee or any other person or firm having encumbrance of record on the
property.
Notwithstanding the foregoing, as to development of private property within the city, a building
permit may be issued only upon the director of the city department of public works,
recommending the issuance of the building permit.
(Ord. No. 9584, § 1, 3-24-83; Ord. No. 9961, § 1, 2-14-85; Code 1980,.§ 54.5-11; Ord. No.
11361, § 2, 4-25-96; Ord. No. 11609, § 2, 2-10-98; Ord. No. 12180, § 1, 1-10-02; Ord. No.
Submitted into the public c
on cut kr it n)
on l ILCity clerk
John Dolson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015, City Hall
12788, § 2, 4-6-06; Ord. No. 13277, § 2, 7-28-11; Ord. No. 13401, § 2, 7-25-13; Ord. No. 13467,
§ 3, 6-12-14)
Submitted into the public
record f9r itepiis)
I
on City Clerk
John Dotson: Deny Battersea Woods plat: Section 55-10 in Miami code ignored in opinion by
Devin Cejas to by-pass required warrant process; September 22, 2015, City Hall
Attachment 2: Miami -Dade Property Record Card for Battersea Woods. Under the
ADDITIONAL PROPERY INFORMATION— YEAR BUILT 1910
Value Adjrmtment Hoard
4nllne Properly R000rd Cards
F9:ID :,-4179.000W621Q
" Note: values are subject to Change due to tax roll corrections "
5
1'61:0D 01 4121 000 0210 V900 AIRR 4564 00Illnigin RUM
VALVE ADODi>1mT ROARO E1OFL0S[ OSCOAs 0100 0C 0ao.lat+d Data:
00/16/2
ORICL OF 72. ?TOPMAST APPAAISED 2n11 Teat: 2013
DDR CCM: 0101 PLSIOm/l2AL - 5100911 1IRQLT : 1 01612 Star 9: ACTIVE arid:
04 Mote: Talon as..oble= to eb+*w. doe 4o t05 moll mx.eelm. ••
--------
002109917 0RER ADD 1R:Z2.7lws WOAD, L5601SP77040: AC0772I2 ?Lan: _
mAnsoisTA 14009S LLC 29 54 41 1.01 AC / CAS T21E 0E609I92009
an AT Pin ear C/L OF CO RD 1312rr
4904 Ill 72 ATM Or 1/1 1w 5-71 PROD a 50 SD Oft
FNMA Ft 33155 11523P! TO 710E 1166.57s TO A PI%
665011 10 A 717E 10 C/L 07 00 40
pruw...j 95 ALS R0 1131T SP 14011169 112.00
FCV: 0100 Masi 10aC 0 1: 0100 13114LE Man - 4w1 LIAL
c7cASE: 6 ! CRP: 0.00 DingiO4: 1 ■o•Ing 2: 0000
MOANS 17:: 0 DORY 20: 0 b9R0: 0 NON -I= SALE TV: 2014
50: x MFQe R PEL/0346 02 2: N RIL/C3R1 0OVEI A7 : w RR C0: 302.00 60 20022 91502-AC
-
ADDITINAI. Iru1NNIN 1219,0194094019
L122 Siii: 42,594 R =MOO AREA: 4.7A5 Ida 95220: 0.51 TOOL: • 11414: AIR: 4,225.00
2017SIR95: 2 EMI ELT: 1110 LIF TEL: 1919 Vain: 1
DORM 5 HASH: S 1/2 1: 0 617: 0 0r1
LSO: 0 2E0: 0 3w4: 0 420: 4
V74R RI510LS: 2013 2014 2015 0 MI! Of 110450IC $ FEY DART
LAND VALVE 969,910 1,451,060 2,977.622 44.50
92210102 VALUE 403.011 553,714 571,752 121.02
92UONT VAIDE 1,541,120 2,005,544 2,529,574 535.36 2,529,574.19
2.6565560 VALUE 1,543,620 2,005,514 2,209.142
10DA1. 13111111011 MIRE 0 0 0
SALE 525T00I
$ MCONT OA21 I/V SALE Tine SALE® [MOCK 01190 DRAM* Rains
01 1.262,590 40/02/2011 V qualified DS 20765 4637 JAN66 C A0865 11L TA5 AAr521=21 lir=
02 100 10/29/2615 V Ongualified 11 29941 2072 JAMS 0 50500 22I TRS 5.1-.1'ffi MR
03 100 0e/01/2013 V 1w..lifi.d 11 21745 4950 MOWA = 1 NOELS FS2 OF 1110112240, iOM=
04 Lae 30/41/2011 1 00gun2i lad 11 21745 4041 111701OFFST R 01022 UT 07 siSMEDA0 arm
1914IC05 OMEN LETORMA2I4R
Ittp:/ /www.mia m{dade.goef PaPDna II PRC fPRC.d Isplay.asp67prcYca1-20156prcrol-014124000C 21 es Btwn-
Attachment 2: Battersea lot description with home built in 1910, with folio number.
Submitted into the public
record r it Ti(s)
on ,,1 City Clerk