HomeMy WebLinkAboutM-76-06402
6/21/76
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RESOLUTION NO.
76-
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE IV, SECTION 11(1), TO PERMIT
WAIVING OF REPLATTING OF LOT 7 LESS E 10',
BLOCK 12, SILVER BLUFF HOMESITES (8-101), BEING
((�� 3658 S.W. 25TH TERRACE, IN CONJUNCTION WITH THE
ilI�TIV CONSTRUCTION OF A SINGLE FAMILY RESIDENCE AS PER
PLANS ON FILE, ZONED R-2 (TWO FAMILY) DISTRICT.
r��TS 0(;).3
—(AN"
WHEREAS, the Miami.Zoning Board at its meeting of
June 7, 1976, Item No. 4, following an advertised hearing, adopted
Resolution No. ZB 99-76 by a 5 to 2 vote denying a variance from
Ordinance No. 6871, ARTICLE IV, Section 11(1); and
WHEREAS, the applicant has taken an appeal from the
denial of said variance to the City Commission; and
WHEREAS, the City Commission, notwithstanding the
denial by the Zoning Board, and after careful consideration of
17 this matter, finds that due to peculiar circimstances affecting
18 this parcel of land, practical difficulties and unnecessary
hardships would impair the owner's right to the reasonable
use of the property without the variancqidb rE ` .rnaf
hrruter
set forth; ITEM N0. -' "
21
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION
OF THE CITY OF MIAMI, FLORIDA:
23 Section 1. The request for a variance as per
24 Ordinance No. 6871, Article IV, Section 11(1), to permit waiving
25 of replatting of Lot 7 less E 10', Block 12, SILVER BLUFF HOMESITES
(8-101), being 3658 S.W. 25th Terrace, in conjunction with the
construction of a single family residence as per plans on file,
zoned R-2 (Two Family) District, be and the same is hereby
granted.
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PASSED AND ADOPTED this day of
1976.
ATTEST:
CITY CLERK
•0
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°I d�
MICHEL E. ANDERSON, ASSISTANT CIT '.ATTORNE`.
APPROVED AS TO FORM AND CORRECTNESS:
MAYOR
PREPARED AND APPROVED BY: `' l�C� �e� , k s` Y
FRANK H. WESTON, ACTING CITY AT'
3b
4. 3658 S. W. 25Ti1 TERRACE
Lot 7 less L 10/ HloCk 12.
SILVER B1,UFF lir)ML•:S ITES (S- 101)
Variance from ordinance 6911, ARTICLE IV, Section 1 1 (1.) ,
to permit waiving of re -platting of above site in conjunction
with the construction of 3 single family residence as per
Plans on file; Zoned R-2 (i' o Family) .
Secretary filed proof of publication of Le -cal '4otice of Bearing and
administered oath to all persons testifying at this hearing.
FIVE OBJECTORS TO 'TIIIS ITEM WERE PRESENT.
PLAN:di:G Di:PAR`I:IE T RECOMMENDATION: DENI1\L
No hardshi kilts to grant a variance to permit
the waiing of replatti.na.
:Ir.. Davis: 'Ir. Chairman, the Building Department has
inspected t::i:; site an:I also has a report to offer.
Ir. u1 1 ; i'ic Plan:; for thin job wore originally approved
:ay the isuil'lin : tx:partm'nt and then cancelled after an error in the
survey was detected. The 10' lot line adjustment wa found to have been
made in the ear1v 1050 ; T helieve it was, whereas had it been made before
September 25, 194(, there would not have been the need for this hearing.
Ir.. rein: i:1.right, thank you very much. :1r. Dooney?
lr. Jnonev : lr. Chairman, the Department's recommendation
on this waiver i denial. We fineno hardship in regard to the
applicant's request nor has the Department recommended for a waiver of
reolatting in the past.
';r. Jean: Alright sir? Will you state your name and
address for the record?
Mr. Trespalacios: 71y name is Alfredo Trespalacios. I'm
the owner at S. W. 25th Terrace, and Mr. Gonzalez will speak for
me.
'-1r. mean: You're the owner of the nroperty?
'1r. Trespalacios: Right.
:Mr. Dean: And you want him to speak for you?
'Ir. Trespalacios: Yes.
Mr. Dean: Alright, sir?
Mr. Gonzalez: Ay name is Oscar Gonzalez, and I live at 6545
Miami Lake Way, :liami Lakes. I'm going to talk on behalf of
'4r. Trespalacios. Mr. Trespalacios bought this lot and this lot is only
30' in width. hccordinfr to the Ordinance of the City of Miami, it should
have been divided prior to 1946. This lot was originally 40' in width
and 10' were taken out in 1955. Now the County's subdivision concerning
the County says that it is a legal size subdivision because they go from
1966 on, not before that. Now 'Ir.. Trespalacios wants to build a single
family residence on that 30' lot. There's nothing wrong with that. It
has been done in "iami. We can nut a residence in there, a single
family, and keep all the setbacks required. The only thing he's not
supposed to build to go through a replatting process because when you
plat a new lot, it requires 60' in width. The only way he could nut a
single family there would de waiyinq the . But it has been done.
There are many, many residences.
Mr. Dean: Completed? have you finished?
-12- June 7, 1V 76 Item 4
ZB
t4r. ronzalez : Yns . Let':; see what habpens .
'elf`. Dean: Alright, then those in opposition. At. I)aVi3?
Mt. Davis: Yes sir.
'4r. ;jean: Was inn...
'tr. Little: •lv name is William E. Little at 3664 S. W.
25th Terrace. We have a pis -variance, a 30' lot. Code calls for 35'.
We have a duplex next door which leaves us with 70' for approximately
7 cars. You figure two cars to a family. Now where's his automobile
going to be parked? That is my main objection.
'ir.. .jean: Alright sir. Anyone else?
Ms. Mathis: `s. Melva Mathis and I live at 3654 S. W.
25th Terrace. This building that's going up is next door to me on the
west side of me. I have the west 19' of Lot 7 that he has on this 30'
lot. These buildings, if they let them go up there are just going to be
jammed in there. The duplex is on the 40' side and this house is supposed
to be in between that duplex they put up there and my house. I don't
believe that I've even got 5' between my line and where this house is
going up.
Mrs. I3asila: lion,: bio is your lot, m'am?
Ms. Mathis: Ly lot is 50' wide. That's why I got the 10'
off of that 30' lot.
i•ir. Silverman: i,xcuse me, '•tr. Dean? I'm confused as to which
lot you own. Do you own Lot 6?
Ms. 1athi.s: Lot R.
Mr. Silverman: You own Lot 8 and you wound up with 10' from
Lot 7, so you have a 50' lot and Lot 7 is a 30' lot?
Ms. Mathis: Right.
Mr. Silverman: Okay.
Mr. Dean: Alright, anyone else?
Ms. fletzel: I'm Mary lietzel, 3648 S. W. 25th Terrace.
Mr. Silverman: Excuse me, which lot do you live on?
Ms. lietzel: I live next to As. 'Mathis. 3648 S. W. 25th Terrace.
Now I am confused, knowing a little hit about zoning. I am confused --
why would any man ,ro out and spend such money to buy a piece of property
and get out and get zoned which I don't understand, (the inspectors), to
put two pieces of property and rush them in there like that, destruct the
property that was there, immediately .start building properties without
zoning or anything, on a 30'_ Lott You know we're only hearing about this
30' lot and forgetting that thr"'rr also building a duplex right
immediately --you won't hardly be able to get a bicycle in through there
let alone a car. :.ow you to ee c 30' lot an;.1 you have to give Ms. Mathis
5' and you have to give him from their duplex -- how wide is that
house going to be?
'tr. Davis: wenty feet, m' am.
'is. Iletzel : That's what I think. How large will a 20' ....let's
figure out 23' for a house. What's the depth of the lot? There won't
even be enough space there to put a garbage can:
June 7, 1976
Item 4
ZB
i1r. ')Pan: Alright, thank You, ,r'nn. Anyone else?
AtIVOne else? •\re you t-' r, o;:ner.
saw many lots right in t:-:,o
of houses that have 1
a brand new house right i.e.' !:o
I think that will
cleaner to see a :brand `1 ,.,',a, there than to see there an empty lot
that I think everybody's g• ir1,.. t-o_, throw right thorn the garbage and
whatever it is. ';:hat 1 t' i i;; that lot has to be good for something.
Otherwise, the lot' s gon,, for the rest of the life, the
rest of the tie in-1 theof that lot: has to Y10 something with the
lot. If not, he'`' (that's what r t_:hin!'j going to pay taxes on it and
the empty lot, an .. .
ianl lentl i led :,neaker : (es. 1 ' mrl the owner of i.ot 6. That
lot has 40' wide and I'm i)ui 1'1in r a duplex right on that lot. I have
nothing against that because or ht that lot i, 30' and I think
if he will leave the roc: ai re7,-, rt..ac , will be nothing: wrong. I
that have 20' and I saw a lot
: t r;rction. So, I would Prefer to see
than to see an empty lot right there.
.Ino:r :.hat I mean? The area will be
now rrn . i A,:.r, n',_i owned your lot, sir?
Unidentified ;:)ea=:er: '1y lot, I own my lot for...
Mr,. Bali l: in.
Unidentified ,t.: That number?
Mrs. F3a,ila: !.;,,r:1'.er 6, isn't it?
Unidenti f 3 ^rl Sneaker: ';umaer 5 . I own that lot for eight
months. Thank you.
Mr. `)ean: '.1-ri tr: 'Do you have anything else to say?
:Ir. ';onzalez : (:o-e . .;gyre referred to the narking.
;sir. Trespalacios is nlann:;" t:,r, nut a single family residence. That's
only one parkin_; space rel'n ro ;. The 5' setback is required all through
the City. All lots Y0' in .- is '.'; will require a 5' setback, so that's
nothing unusual there. This block is zoned, I think, R-2. That's a
two-family residence. 1Ie's only planning to nut a single family
residence. ftl1 lots, I thin, are 4;'' in width. He's using 30' to put
a single family. The 5' set_j,_,i l: will be kept all through the block.
There's nothing that's going- to diminish or increase there.
Mr. Dean: Alright. Can you explain what the hardship is?
Mr. Gonzalez: ?e i l ho bought this lot and he's stuck with it.
See?
Mr. Dean: The hardship -- do I understand you to say the
hardship is that he bourin - The 1ot and he got stuck with it?
(lonzalez: i ;t . '.el i , he cannot build anything, right?
Unless a waiver of plat is anpro'.ed? It's only a matter of when the
subdivision was done. 1 f thi si:'.Aiyi ;ion would have been done prior
to 1943, he would have been l•lc t: , put a house in there. There's no
problem, right? it's a Pat:tor of time when it was done. This was done
in 1955 instead of 1:)43, t:ac-.-e :are man:, many houses built in 30'
lots in here. It's only r:.'.rt:." T whc? . it was subdivided, right?
That's the whole thing. We':' it :•.,n `-)een subdivided prior to 1946,
it would be okay. It's only :natter of riming because it was subdivided
after 1946 and he cannot but a house. The County accents his lot as a
legal subdivision because they :o ' rer 1955 on. :;o anything that was done
prior to 1955 is a' fecte: te in the County. So
his hardship is that thi: lot :,,,lbdivi.ded in 55 instead of '43.
lr. )ean: As 1 nderstand it ;ere, your apnlication states here
1- June 7, 1976 Item 4
2B
you Want a waiver of the real att i ng of the property, and that' § your
hardship? You don't want to do that:?
Mr. (lonzalrz: Right.
Mr. )r?an: Alright-. ^1r. '.r1"11)hrl1?
Ir. Camri] : 'tr. r:hairr-lan and lei -hers of the Board, the
gentleman here has nrett: ; ur h spoken to what T wan approximately going
to say, that thy, fact that the (-nly reason they have brought this up
here is to waive the renlattinn. :;neakin'-r from strictly a City
Employee -type, view, Let's T re,,l that it would he necessary and
they should 'he hell to the rc niirernents of the law in that this should
be replatted because of the difference in the Years.
Ir. fonzalez :
may.? t ` T mav?
:•ir. Dean. Alright sir?
Mr. ronz.a]r,;'.: No 1.:no'•'r this cannot be platted. It cannot
be. No way can it be platted. The law requires that for a new plat you
have to have 60' in width. L>o there's no way it can be platted here.
No way. He knows that.
Mr. Dean: Alright, '1r. C:'ampbel.l.?
Mr. Campbell: Y' ;; sir.
tlr. Dean: The )en t ] eman said -- you heard the gentleman's
statement?
Mr. Carnnboil: ?1 the best of my knowledge, it could be
replatted. They would nave to have, ("tr. Davis can correct me on this
if he wishes to) -- I hhelieve there ,a•; to be a public hearing on the
substandard lot width. in that correct?
Mr. Davin: This mail have been clone in either of two ways,
P•lr. Chairman. It could have: ';eon done by this vehicle which is a waiver
of the platting renuirementn, ,r, if hp had wished to plat, he would
have had to petition for a variance from lot width --lot width being
required at 60' and this being 1'. Tt would he before the Board in
either sense. The reason th-3t the anolicant took this avenue was
because of the cost of platting which it $1,000 or what -have -you.
Mr. Campbell: Aay 1. beg the Board'sindulgence. If they
were to grant the waiver of Platting in this case, as in any other
case but particularly in '_'sir; :ase, it might open the door to other
requests and, by virtue of the fact that this has been done once which
lends a certain color to it, then it might create a pressure to allow
the waiver of platting in other care ; which are possibly less desirable.
'•ir. Dean: Alright sir, do you have anything else to say?
'•1r. Gonzalez. 4ei1 , 'ir. Can'rbell., it's not going to be the
first time it's going to be done. This has been done many, many times
before. We're not inventing anything: new. It has been done before.
Mr. Dean: Alright ir. We'll close the public hearing and
have discussion among Board Members. Alright, there being none, Chair
is ready for a motion.
Mr. Silverman: ',r. Chairman?
Mr. )ear.: 'lr. :-;ii verman?
Mr. Silverman: :'.r. : hairman, I think the decision the Board
t t r t! ";;'-;) ti` - T I VL.
; i
rip '" I S
June 7, 1976
Item 4
ZB
has to make this evening; is whet!:er or not they wish this lot to ever
be built on or to have a single fh:nily residence. Those are the two
choices because this lot in a 3O' lot. It's been a 30' lot for over
twenty years. It's never going to grown. It's always going to be a
30' . It cannot get any bigger because the neighbors on each side have
already built on their lots, so the choice, this Board must decide is
whether they want a long, s : L ra : house or whether they want the lot to
be vacant. I think the applicant is entitled to some use of his property.
He shouldn't have to o'•m a niece 'P7operty that he cannot develon
anything on and therefore i wn,.i l_ : n,-..(: to grant.
'tr. Grant: Alright, you've heard the motion by :•tr. Silverman,
seconded by Mr. Gort. Other discussion? There being none, call the
roll.
adoption:
Mr. Davis: The m().i_on to grant.
Silverman offered tse following motion and moved its
'-10i'1ON
MOTION TO GRANT EROA ORDINANCE 6871, ARTICLE
IV, SECTION 11 (1) , TO PERMIT WAIVING OF RE -PLATTING OF
LOT 7 LESS F LO' BLOCK 1 i , SILVER BLUFF IIOMESITES (8-101)
BEING 3658 N. 2','i'1I :,:'.i cI::, IN CONJUNCTION WITH TILE
CONSTRUCTION '.)V ;;"!C;?,i i- A:1Ii,Y RESIDENCE AS PER PLANS
ON FILL; i:OIvi:,1 i<--2 (T .i ,'.VliLY) .
Upon being se-on(i(,(i i;-. :;r. !fort, this motion failed by
the following vote:
AYES: Messrs. .; i i •. r rma , Johnson, Gort.
NAYS: Mmes. Callahan, asila, i3aro; ilr. Dean.
ABSENT: Mr. Al fog
.4r. Davis: The motion f-ails , 4 to 3. We must have another
motion, Mr. Chairman.
i`Ir. Dean: Alright, the first motion failed to grant. Now,
a motion to deny. Alright, 'lrs. i3aro made the motion to deny. Is there
a second?
Mrs. Basila: Second.
:tr. Dean: Alright, :seconded by Mrs. Basila. Other discussion?
Being none, call the roll.
:Ir. Davis: The motion is to deny.
Five objections were received in the mail.
'•trs. I3aro offered the following resolution and moved its
adoption:
(Continued on the following nage)
r ti i f.C'l•
-16- June 7, 1976
Item 4
ZB
1
RESOLI711,)!i i:P*;Y FROM oRDINATT
6871, ARTICLH IV, ';(:T10:1 11(1), TO PERMIT
oF LOT 7 LESS Elq'
OF BLOCE PL(FF iFT!ESITES (8-1)1)
BEING ';(-) 25TH TERRACE, IN CONJUNCTION
WITH =1 ')I7 A SiNcILE FAMILY RESIDENCE
AS PEP ZONED R-2 (TWO FAMILY) .
Upon being seyor this resolution was passed
and adopted by the folimving
AYES: Messr.
Mmes. larop 7,1!11;1, Callahan,
NAYS Messrs.
ABSET: 'Ir.
Mr. Davi7,: 7)ahses, 5 - 2.
'Ir. Dean: Alright, .,:hr-re's the gentleman? Sir? Your
application was recommfln. (onil. You can anpeal it...
Mr. Dav: It Ir. Chairman. He has the right
of appeal to the City f.)*-1-;1.(11.
Mr. Dean: tolling him, that he should know.
He wasn't up hr!re, okay? very much.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
June 7, 1976
Item 4
ZB
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Honorable Members of the
City Commission
FROM:
P. W. Andrews
City Manager
GATE JUN 2 5 1976
SUEJECT
Olt E:
City Commission Meeting July 1, 1976
Fact Sheet
Item #8
REFERENCES.
ENCLOSURES
ZONING BOARD FACT SHEET
PETITION:
Variance from Ordinance 687], A rticle IV, Section 11 (1), to permit
waiving of replatting of the site in conjunction with the construction
of a single family residence.
EXPLANATION:
The applicant's property (Lot 7 less E 10 feet Block 12, SILVER BLUFF
IIOMESITES) was platted with a 40 foot width but 10 feet was sold off in
1955 leaving a substandard lot which requires replatting prior to con-
struction.
APPLICANT:
Alfredo Trespalacios dated May 7, 1976
PLANNING DEPARTMENT RECOMMENDATION:
Denial, no hardship exists to grant a variance to permit the waiving of
replatting.
ZONING BOARD RECOMMENDATION:
Denial by 5-2 vote on June 7, 1976.
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June 10, 1976
Honorable City Commission
Attention: Mr. P. W. Andrews
City of Miami, Florida
re: VARIANCE - DENIED BY ZONING BOARD
APPEALED TO CITY COMMISSION BY THE
APPLICANT
3658 S. W. 25th Terrace
Lot 7 less E 10', Block 12;
SILVER BLUFF HOMESITES (8-101)
Applicant: Alfredo Tr.espalacios
Gentlemen:
The Miami Zoning Board, at its meeting of June 7, 1976, Item 44,
following an advertised Hearing, adopted Resolution No. ZB 99-76 by
a 5 to 2 vote DENYING petition for Variance from Ordinance 6871,
ARTICLE IV. Section 11(1), to permit waiving of replatting of Lot 7
less E10' . Block 12; SILVER BLUFF HOMESITES (8-101) , being 3658 S.W.
25th Terrace, in conjunction with the construction of a single family
residence as per plans on file; zoned R-2 (Two Family) .
Five objections were received in the mail; five objectors were
present at the meeting.
A RESOLUTION to provide for this Variance has been prepared by the
City Attorney's office and mubmi_tted for consideration of. the City
Commission.
cm
Z. M. 42
Attached:
"SUPPORTIVE
DO r'l ITS
Minutes
cc: Law Department
Planning Department
NOTE: Planning Department
Sincerely,
.-Robyrt A. D v s , Director
Department of Administration
Planning and Zoning Boards
recommendation: DENIAL.
Tentative City Commission date: July 1, 1976.
DP,CLA COmm.i.4.in.on..s.
J an ENtiling Jh.c.s tpffvn in ,vwf..Q4t or
iAA tuar%iIg on ?5 Lenn , °nFIt tAAA . r/oa.s farm my homes.
144 have. a ynn_aJ ('A-o/' %'-cm on nun zlnrpt I.ultAflanking .
And Bus denisrig. F hnm.#2.3 }o cpn sQ.
This .i_a n.o-f a '14W/ zhip cr,.se . A's I am .suns ha hnom
gd
what /z touriiI, 4Lgn Jhstt r!iv.ulrr! , / hQ Imo f'A.t.s. rincl file •J2.P ,,3
' hand crt.,sP, i.smxn. 11.1011 haw. h 'Jri a /'n.t fi,n. .6nimayzaA.6 ,
And .thin tih ' r.Aanrins:', Thai c'_ isa hand .ship .
ha./s i in r ,ram (m . On n-n .s}nP.el n.nty in_ ,..th.oy z.tn,d cr
.to £ui/Y, Sorry_ f,imp- f 4p11 'slant I,Plill PJV?A. .in fhp mnnn,inrr.
' _i_c ui '_1 o f
J am ,��rn,r.i�P Lou ,�nvn. had .comp. onr. I,,h.o ;urb Johan n
the Co.t 4p.p. . Aaf it hx.i. e rlo .to OHA ne i..ghfntvt hnorl,
i hal�lzin.c� ci.ou in advance ,
COURTESY
NOTICE
NOTICE T() OWNERS OF RI';AJ, ESTJ TL IN
THE VICINITY OF 365i, S. W. 25th TFftR.
1TAMI, FLORIDA
The Miami City Commission, at its meeting_of THURSDAY,
C my i, 1976, at _ 9 : 30 A. CITY iL LL,' 3500 Pan
American Drive, Dinner Keyt_ Miami. Floric.a, will consider
the following:
3658 S. W. 25th Terrace
Lot 7 less E 10', Block 12;
SILVER BLUFF iiOMESITES (8-101)
An Appeal of the Miami Zoning Board's Resolution DENYING
petition for Variance from Ordinance 6871, ARTICLE IV,
Section 11 (1), to permit waiving of replattihg of above
described property, in conjunction with the construction
of a single family residence as per plans on file; zoned R-2
(Two Family).
At its meeting of June 7, 1976, the Miami Zoning Board adopted
Resolution No. ZB 99-76 by a 5 to 2 vote DENYING the above
request. The Board action is being appealed to the City Com-
mission by the applicant.
IMPORTANT
The Miami City Commission requests PETITIONER he present or
represented at this meeting, and all interested real estate
owners are invited to express theii-views.-
-. - --
The petition and supporting papers concerning this item are
available for review at the Department of Administration,
Planning and Zoning Boards, 3318 Pan American Drive, Dinner Key.
jn
DEPARTMENT OF ADMINISTRATION
PLANNING AND ZONING BOARDS
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