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South Miami bO,t CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM qrri' To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City M;nagcr /~ From: Christopher Brimo, AICP () ~~)' / Planning Director . I !I' Date: June 5, 2012 ITEM No. __ 1-!!.-__ SUMMARY OF REQUEST The applicant, Miami-Dade Affordable Housing Foundation is requesting approval of the following variances in order to construct a new affordable single-family residence on a vacant lot located at the NE comer of SW 62 Ave. and SW 62 Terrace; Folio # 09-4025- 009-0240. This property has not yet been assigned an address. 1. To allow a 37.5' frontage where a 60' frontage is required. Properties in the plat which was recorded in 1918 are non-conforming. 2. To allow development on the lot which has 3,525 square feet where 6,000 square feet is required. 3. To allow 5' interior setback when 7.5' is required. 4. To allow 12' front setback when 25' is required. 5. To allow 9.17' side street setback when 15' is required. 6. To allow 24.33' back setback when 25' is required 7. To allow one parking space where two is required. 8. To allow maximum building coverage of38% when 30% is required. BACKGROUND The subject parcel is a legal non-conforming lot of record that was owned by the City of South Miami Community Redevelopment Area that was platted prior to the establishment of the current dimensional requirements for the RS-4 zoning district. On November 2011, the Community Redevelopment Agency donated and conveyed the title of the referenced property to the Miami-Dade Affordable Housing Foundation (Developer) to construct a new LEED Silver certified, affordable single family residence. The City's Land Development Code requires any new construction to meet the zoning standards for the particular district where it is located; in this instance, within the RS-4" Small Lot Single- Family Residential District. The applicant in a hardship letter claims that the substandard size of the property prohibits the use of the property. On May 8, 2012 the applicant presented the request to the Planning Board. After a public hearing and public comments, the Board made a motion recommending that the request for the eight variances be denied by vote of 4ayes; 2 nays. Notwithstanding the size of the 2001 lot and the purpose of the request, the Board felt that the request was excessive and could possibly set a precedent for a for a future "for profit" development requesting something similar. They felt that not all legal non-conforming lots can necessarily accommodate a structure, and it may be better suited for a public space, or to be developed in combination with an adjacent lot. STAFF OBSERVATIONS (a) The applicant is proposing to build a new 1,345 square foot single family residence on the referenced site. The proposed development meets the other requirements of the development code and will require an appearance before the Environmental Review and Preservation Board following review and recommendation by the Planning Board and review and approval by the City Commission. (b) The subject site is surrounded by the following properties and zoning districts: RS-4 residential to the south and east; RS-3 Residential to the north and west. (c) In June 2008 the City Commission amended the Land Development Code to add specific criteria for judging variance requests. LDC Section 20-5.9 (H) now requires that all variance decisions shall be based on an affirmative finding as to each of the following criterion: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; The requested lot frontage variance is necessary to use the property. 2. Denial ofthe variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; A denial of the variance would be an oppressive hardship on the owner by preventing the property from being used or built upon. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The property was a non-conforming platted lot of record prior to being transferred to the current owner. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The granting of the requested variance is the smallest possible and the only ones necessary to allow for the reasonable use of the property. 5. That the approval of the variance will be consistent with the general intent and purpose of the Land Development Code, and will not be InJunous to the neighborhood or otherwise detrimental to the public welfare. Page 2 The approval of the variance is consistent with the City's objective to provide affordable housing within the Community Redevelopment Area, and will allow a vacant property to be used and for the City to receive property tax and other revenues. In addition the proposed use is the type of use consistent with the RS-4 zoning district and will be compatible with the abutting and surrounding properties. These objectives are consistent with the stated objectives of the adopted comprehensive plan, community redevelopment plan and land development code. The variance requested will have no impact on surrounding properties. APPLICABLE REGULA nONS • Land Development Code Section 20-3.5(E) Dimensional Requirements Section 20-3.5(E) DIMENSIONAL REQUIREMENTS SINGLE-FAMILY RESIDENTIAL DISTRICTS -ONE-STORY Min. Lot Size Net Area (sq. ft.) Frontage (ft.) Min. Yard Setbacks (ft.) Front Rear Side (Interior)a Side (Street) Max. Building Height Feet Max. Building Coverage (%) Max. Impervious Coverage (%) Attachments: Application Location Map Letter of Hardship/Intent Warranty Deed Copy of Public Notices Survey Site Plfm RS-4 6,000 60 25 25 7.5 b 15 25 First floor 30 45 Z:\Commission Items\2012\6-5-12\MDAHF Variancc\CM Staff Report 6-5-12 -MDAHF Variance 09-4025-009-0240.doc Page 3 1 RESOLUTION NO. ________ _ 2 3 A Resolution related to a request for eight variances from Section 20-3.5 of the City's Land 4 Development Code. 1. to allow a 37.5' frontage where a 60' frontage is required; 2. to allow 5 development on the lot which has 3,525 square feet where 6,000 square feet is required; 3. 6 to allow 5' interior setback when 7.5' is required; 4. to allow 12' front setback when 25' is 7 required; 5. to allow 9.17' side street setback when 15' is required; 6. to allow 24.33' back 8 setback when 25' is required; 7. to allow one parking space where two are required; 8. to 9 allow maximum building coverage of 38% when 30% is required; to construct LEED 10 Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district, 11 located at the NE corner of SW 62 Ave. and SW 62 Terrace; Folio # 09-4025-009-0240, 12 within the City's Community Redevelopment Area. 13 14 15 WHEREAS, the Community Redevelopment Agency donated and conveyed the title of the 16 property to the Miami-Dade Affordable Housing Foundation to construct a new LEED Silver certified, 17 affordable single family residence; and 18 19 WHEREAS, the property is a non-conforming lot of record requiring a variance in order 20 to construct the new single family residence; and 21 22 WHEREAS, application No. PB-12-017 was submitted to the Planning Board by the 23 Miami-Dade Affordable Housing Foundation; said application requesting approval of 8 24 variances from Section 20-3.5(E) to permit the construction of a new one-story, LEED (silver) 25 affordable single family residence within the City's Community Redevelopment Area as 26 described above, on property located at the northeast comer of SW 62 Avenue and SW 62 27 Terrace, South Miami Florida, within the RS-4 zoning district; and 28 29 WHEREAS, the approval of variances require a recommendation from the Planning 30 Board and the approval ofthe City Commission after a public hearing; and 31 32 WHEREAS, at its May 8, 2012 meeting the Planning Board, after public hearing, voted 33 4 nays; 2 ayes to recommend denial of the variances requested; and 34 35 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 36 reject the recommendation of the Planning Board. 37 38 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 40 41 Section 1. The recitals set forth in this resolution are true, that they are supported by 42 competent substantial evidence and that they are incorporated into this resolution by reference. 43 44 Section 2. The subject application submitted by applicant Miami-Dade Affordable 45 Housing Foundation is requesting approval of the following eight variances from Section 20-3.5 46 of the City's Land Development Code: 47 1. to allow a 37.5' frontage where a 60' frontage is required; 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 26 27 28 29 30 31 32 2. to allow development on the lot which has 3,525 square feet where 6,000 square feet is required; 3. to allow 5' interior setback when 7.5' is required; 4. to allow 12' front setback when 25' is required; 5. to allow 9.17' side street setback when 15' is required; 6. to allow 24.33' back setback when 25' is required; 7. to allow one parking space where two are required; 8. to allow maximum building coverage of38% when 30% is required; The following requested variances, as numbered above, are hereby granted: _____ _ The following requested variances, as numbered above, are hereby denied: _____ _ Section 3. If all of the requested variances are approved, then the approval of the requested variances shall include Exhibit A, Site Plan by Architect Marice Chael, R.A. LEED A.P., for the proposed residence located at the NE corner of SW 62 Ave. and SW 62 Terrace; Folio # 09-4025-009-0240. Section 4. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this __ , day of ___ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: '.',""'.:: '.' ..... ,' .•.••. " .• , .••.. CI.TY·bF .•. ·. Sb.tJ.T.:.· ...•.•. H.:¥ ... I ... A., .••• ,.MI .• , •• ·•... . i'.:.·'.".::, ..••.• ,.· •... , .. ';.'PLANNING .... B(jARn ",' ··,'····'···',,'· •• ' •• Itegulal'·.N1eetiri~·.Minut~~'·.E¥CERPT :.:.," ..•..• ,'.:: •.. :.· .•.. ·.!i .•. ,.~., •.. · ..•.••. ,' •..•. i.i: .• ,.,;.~ .•.. ,.:.~, .•. :~~Jb~~~~~er~F '" < '. J):e;[Mk<{';;\ " , DRAFT City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:55PM Pledge of Allegiance was recited in unison II. Roll Call Action: Dr. Whitman requested a roll call. Board Members present constituting a quorum: Dr. Whitman (Chairman), Mr. Cruz (Vice-Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Philips, Mr. Vitalini, and Dr. Hauri Board Member absent: Mr. Cruz City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: Ms. Lourdes Cabrera (Principal Planner), City Attorney: Mr. Thomas Pepe. III. Administrative Matters Mr. Brimo stated that Mr. Cruz informed staff that he would not be able to attend the meeting. Mr. Brimo also stated that the following items were pulled from this agenda and would be heard at the June meeting date: PB-12-015 and PB-016. Mr. Brimo also stated that the second meeting for May was cancelled. IV. Public Hearings -Planning Board Z:\PB\PB Minutes\2012 Minutes\May\PB-12-017 Draft Regular Meeting Minutes Excerpt.doc Page 1 of 4 PB-12-017 Applicant: Miami-Dade Affordable Housing Foundation Location: 09-4025-009-0240 The applicant is requesting eight variances from Section 20-3.5 of the City's Land Development Code. 1. to allow a 37.5' frontage where a 60' frontage is required; 2. to allow development on the lot which has 3,525 square feet where 6,000 square feet is required; 3. to allow 5' interior setback when 7.5' is required; 4. to allow 12' front setback when 25' is required; 5. to allow 9.17' side street setback when 15' is required; 6. to allow 24.33' back setback when 25' is required; 7. to allow one parking space where two are required; 8. to allow maximum building coverage of 38% when 30% is required; to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district. NE corner ofSW 62 Ave. and SW 62 Terr. Dr. Whitman read the item into the record. Mr. Brimo presented the item to the Board. The Chairman opened the Public Hearing. NAME Elsa Castillo ADDRESS 6116 SW 62 Terrace SUPPORT/OPPOSE Support Ms. Castillo asked if the proposed house will be aesthetically pleasing of which plans for the project were given to Ms. Castillo for her to review. NAME Edward F eenane ADDRESS 6780 SW 69 Terrace SUPPORT/OPPOSE Not Applicable Mr. Feenane asked about the reason why the item pertaining to Fellowship church was not being heard at this meeting. Mr. Brimo stated that the mail out for the public hearing notification did not have a postmark of less than ten (10) days before the scheduled meeting. NAME Ann Manning ADDRESS Miami-Dade Affordable Housing Foundation SUPPORT/OPPOSE Support Ms. Manning stated that this lot was the smallest of the lots donated to the Miami-Dade Affordable Housing Foundation by the South Miami Community Redevelopment Agency (SMCRA). Mr. Dundorf asked if there were ever any structures on the site. Mr. Brimo stated that there aren't any structures on the site, and an address has yet to be assigned to the site, which is the reason for the use of the folio number. The Chairman Closed the Public Hearing. Ms. Beckman asked for history on the property, such as when it was purchased and the amount that it was purchased for. Dr. Whitman gave an explanation of house the property was obtained by the SMCRA. Ms. Beckman asked if all of the necessary property owners were notified of this public hearing, of which Mr. Brimo stated yes. Z:\PB\PB Minutes\20 12 Minutes\May\PB-12-0 17 Draft Regular Meeting Minutes Excerpt.doc Page 2 of4 Dr. Whitman stated that eight (8) variances for a property is an excessive amount of variance requests. He then stated that this lot may be an unbuildable site. Mr. Brimo stated that the Miami-Dade Affordable Housing Foundation was informed of the amount of variances necessary to build on the site. Dr. Philips stated that the proposed house appears to be livable structure. She then stated that she likes the house because of the green space in the front of the house as well as the size of the livable areas inside of the house. Ms. Beckman stated that there is no hardship for the site. She then stated that it would be an ideal location for a community garden. Mr. Vitalini asked if there was any way to see if the adjacent properties are similar to this site. Mr. Brimo gave the dimensions of the adjacent properties. Dr. Philips asked staff about the size of the proposed home. Mr. Vitalini responded that the proposed home is approximately 1,154 square feet. Mr. Dundorf stated that the property owner has the right to make the best use of the property within the law. In the case of the affordable houses that came before, there were a couple items per house that needed a variance. However, this property does not fit the RS-5 zoning requirements. There are no hardships or grandfathering issues. Mr. Dundorf then stated that there are no extenuating circumstances to grant any variance on this property. He then stated that he sees this as a total abuse of the variance process. Motion: Mr. Dundorf made a motion to deny the application. This motion was seconded by Mrs. Beckman. NAME Ann Manning ADDRESS Miami-Dade Affordable Housing Foundation SUPPORT/OPPOSE Support Ms. Manning stated for the record that the Miami-Dade Affordable Housing Foundation was asked to build this residence. The Planning Board held a discussion about how this property might set precedence for the amount of variances allowed. Vote on Denial of Application: Approved: 4 Opposed: 2 Mrs. Beckman: Yes Dr. Hauri: Yes Dr. Whitman: Yes Mr. Dundorf: Yes Mr. Vitalini: No Dr. Philips: No Z:\PB\PB Minutes\2012 Minutes\May\PB-12-0 17 Draft Regular Meeting Minutes Exccrpt.doc Page 3 of4 V. Approval of Minutes: Planning Board Minutes of April 24, 2012 -Meeting Minutes were not distributed at this meeting. VI. Future Meeting Dates: Tuesday, June 19,2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:41 PM. Z:\PB\PB Minutes\2012 Minutes\May\PB-12-017 Draft Regular Meeting Minutes Exeerpt.doe Page 4 of 4 • City of South Miami Planning & Zoning Departmen! City Hall, 6130 Sunset Drive, South Miami, Florida'33143 Telephone: (305) 663-6326; Fax: (305) 668-7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 6! xX (;:2 'j'e/j/, Lot(s) l:t.!:i1+1Block 4 Subdivision ..i.P.!..!! lv;:.:;f;;:::;S __ _ PB !2.,.-l/ -,-- Meets & Bounds: Applicant: f#dtess: Property Owner: Mailing Address: Archl~ectlE.D !v1a,ViGt /411 ignature: A/Aft ./ r-{/~.i Phone: Phone: AS THE APPLICANT, PLEt\SE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner ~O~l1er's Representative _Contract to purchase _Option to purchase _TenanULessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LOC _ Zoning Map Amendment _ PUO Approval _ PUO Major Change X Variance _Special Use _Special Exception _Other 0!Vaiver of Plat) Briefly explain appl,,-~,ion and cite specific Code sections: SUBMITTED MATERIALS PLEASE CHECKALL THAT APPLY: £ Letter of intent .:£ Justifications for change ~ Statement of hardship X Proof of ownership or letter from owner ,_ Power of a~torr.ey ~ Contract to purcii",,,,c 6.. Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17") ~ 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" _ Affidavit-Receipts attesting to mail notices sent Section:__ SubseGtion:__ Page #: __ Amended Oate:, __ _ e /'\. Mailing labels ¢ sets) and map _ Required Fee(s) The undersigned has read this completed application and represents that the infOImation and all submitted materials are true and correct to the best of the applicant's lmowledge and belief Wrtt ~~' ])0', If '(/oilS(>!. [):C/, r-tJmJ-e (VIti I,,' Ii.( it r 4: I ~. n Xp Iicant's Sigrn{ture and title Prliit Name I ,.J Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE US! O~L Y: Date Filedll ~ U;>I. v Petition Required, ~-(~ Method of Payment O/"J/ ~ Date of PB Hearing ~Sf~l/ Date of Commission \..\d'Zc~~ Petition Accepted,_, _~-+='--"-___ , 4i16/09X:\Forrns\PB Application fo Public Hearing (Revised 2009),doc HOUSING fOUNDATION. INC. MIAMI-DADE AFFORDABLE j ~ HOUSING FOUNDATION, INC. April 13, 2012 Christopher Brimo, AICP Planning Director Planning and Zoning Department 6130 Sunset Drive South Miami, FL 33143 Re: Variance requests for 61xx SW 62 nd Terrace ( Lot 1 and W}S Lot 2;8lock 4, PINES, PB 13~2) Dear Mr. Brimo: Miami-Dade Affordable Housing Foundation, Inc. hereby requests eight variances from Section 20-3.5 of the Land Development Code in order to allow for the construction of a one-story, single4amily home on property located at 61xx SW62nd Terrace, within the "RS-4/1 single family residential zoning use district The variance requests are: 1. To allow a 37.5' frontage where a 60' frontage is required. Properties in the plat which was recorded in 1918 are non-conforming. 2. To allow development on the lot which has 3,525 square feet where 6,000 square feet is required. 3. To allow 5' interior setback when 7.5' is required. 4. To allow 12' front setback when 25' is required. 5. To allow 9.17' side street setback when 15' is required. 6. To allow 24.33' back setback when 25' is required 7. To allow one parking space where two is required. 8. To allow maximum building coverage of 38% when 30% is required. Development of the property will not happen without the approval of the variance. The property was donated to the Foundation by the City of South Miami CRA to build affordable housing for low-to moderate-income families. As it is a goal of the City to provide affordable housing, we ask that these variances be approved. Thank you for your consideration. Sincerely, CO/Jt) e 4'ltrM1 I ~, 'v .).{t,&i1, Opal A. Jones Executive Director A NOT-FOR-PROFIT 501(c)(3) CORPORATION 7300 NW 19 Street. Suite 502 Miami,FL 33126 Phone: 305-471-9750 Fax: 305-471-9754 Email: mdahfi@bellsouth.net Property Information Map Property Information Map Aerial Photography -2009 My Home Miami·Dade County, Florida 0_109ft This map was created on 5/4/2012 9:52:13 AM for reference purposes only. Web Site © 2002 Miami-Dade County. All rights reserved. Page 1 of 1 Summary Details" Folio No.: 9-4025-009-0240 Prooertv: Mailing SOUTH MIA COMMUNITY jAddress: REDEV AGENCY ~130 SUNSET DR S MIAMI FL 133143- Property Information" Primary Zone: 0100 SINGLE FAMILY RESIDENCE !cLUC: 0080 VACANT LAND GOVERNMENT Beds/Baths: 010 Floors: 0 LivinaUnits: 16 IAdi So Footaoe: 10 Lot Size: 3,525 SQ FT !Year Built: 10 PINES PB 13-2 LOT 1 & W1/2 LOT 2 BLK 4 LOT Legal SIZE 37.500 X 94 OR Description: 25214-2849 THRU 2853 1206 3 OR 27972-3007 011211 Assessment Information" Year: 2011 2010 Land Value: $23,493 $23,493 Buildina Value: $0 $0 Market Value: $23,493 $23,493 Assessed Value: $23,493 $23,493 Taxable Value Information" lYear: 2011 2010 Applied Applied !Taxing Authority: Exemptionl Exemptionl Taxable Taxable Value: Value: Reaional: $23,493/$0 $23,4931$0 ountv: $23,493/$0 $23,4931$0 Cilv: $23,493/$0 $23,493/$0 School Board: $23,493/$0 $23,493/$0 Sale Information" !Sale Date: 1/2012 Sale Amount: $100 Sale O/R: 27972-3007 Corrective deed, quit !claim deed, or tax deed; Deed bearing Florida Documentary Stamp at the minimum rate Sales prescribed under Chapter Qualification 201, F.S.; Transfer of Description: ownership where no doc stamps were paid; or, Transfer of ownership by bther than a deed such ~s a final judgement or ourt order. View Additional Sales http://gisims2.miamidade.gov/myhome/printmap.asp?mapurl=http://gisims2.miamidade.gov ... 5/412012 This instrument was prepared by: Thomas F. Pepe, General Counsel City of S·outh Miami Community Redevelopment Agency 1450 Madruga Avenue, Ste 2Q2 Coral Gables, Florida 33146 Property Appraisers Parcel Identification (Folio) Number: WARRANTY DEED THIS INDENTURE, made this f:f4-day of February, 2012 between City of South Miami Community Redevelopment Agency, a community redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 6130 Sunset Drive, South Miaini, Florida 33143 (hereinafter referred to as Grantor or "Agency") and Miami-Dade Affordable Housing Foundation, Inc., a Florida non-profit corporation (hereinafter referred to as Grantee or "Developer"). WITNESSETH, that said Grantor, for and in consideration of the stun of Ten Dollars ($10.00), or other good and valuable consideration in hand paid by said Grantee to Grantor, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantee's heirs and assigns forever, the following described land situated, lying and being in Miami-Dade County, State of Florida, to wit: Lot 1, and the West 1/2 of Lot 2, Block 4, THE PINES SUBDIVISION, . accQrtJing 4;·the p-lat.therenf; -rec(irded",hrPht Bo'6tr 13~ at P:.';'i:~-e·2'; oBhe Public Records of Mhlmi-Dade County, Florida. (Folio Number: 09-4025- 009-0240) (hereinafter known as the "the Property"). THIS CONVEYANCE IS MADE SUBJECT TO conditions, restrictions, limitations, and easements of record, if any; but any such interests that may have been terminated are not hereby re-imposed; and subject to applicable zoning ordinances, taxes and assessments for the year 2011 and subsequent years. THIS CONVEY ~CE IS ALSO MADE SUBJECT TO the following covenants running with the land, and setting forth the right of reentry, to wit: 1. The Developer shall commence work on the property transfened under this Deed for the development of a 2 bedroomll or 2 bath residential single-family home for affordable housing purposes (hereinafter to be known as "the Improvement"). Developer covenants and agrees that the Property with the Improvement shall be sold to someone who meets the Agency guidelines and whose household has earnings at or less than 120% of the Average Median Income as established by United States Department of Housing and Urban Development CRUD:') for Miami-Dade County (as set forth in the attached Exhibit A or as amended by HUD) Page 1 of 5 Miami-Dade County (as set forth in the attached Exlubit A or as amended by HUD) and as adjusted for the size of the purchaser's family, for affordable housing purchasers and who shall hereinafter be referred to as "SMCRA Qualified Purchaser". At such time, the Developer shall be responsible for the review and selection of low to moderate income applicant home buyers in accordance with all applicable Federal, State and County and local law and with Agency final approval. However, the Developer shall prioritize applicants as follows: a. Low-income (lll accordance with HUD guidelines) SMCRA residents; b. SMCRA residents whose famil¥ income is 120% of HUD guideline, or less, for median income families; c. Low-income (in accordance with HUD guidelines) City of South Miami residents; d. City of South Miami residents whose fanlily income is 120% of HUD guideline, or less, for median income families; e. City of South Miami Role Models, as defined by the South Miami COrhmUluty Redevelopment Agency's Role Model Program, as amended, which program is incorporated by reference into this Deed and whose income is equal to or less than 120% ofHUD guideline for median income families; f. South Miami Community Redevelopment Agency Referrals whose income is equal to or less than 120% ofHUD guideline for median income families; g, City of South Miami Residents whose income is equal to or less than 120% ofHUD guideline for median income families; h, Miami-Dade County Residents whose income is equal to or less than 120% ofHUD guideline fOl: median income families; and .1. " • .:;;..Genen,ll .Public wlw:;e j,nc.Qm~ . is equat lq at: less-than. 42.f)%.~f Hl:+B ._5:"'",;' -gu'iddill~ for ~(;(iian incomc i<umiies~ The Agency shall have the sole discretion to resolve any conflict in the prioritization of applicants 2. The Developer shall commence work on the Improvement and complete construction within twelve (12) months from the date of this deed or one hundred eighty (180) days from the date of issuance of a building permit from the applicable authority having jurisdiction, whichever is the shorter period of time. 3. Promptly after completion of the Improvements inaccordartce witha:ppmveq plans and provisions of this instrument, the Agency, upon receipt ofa Certificate orOc'Cupancy from Miami-Dade County and the completion of all repairs and warrantee w9rkarid the expiration of the warrantee period, shall furnish the Developer with an appropriate instrutnent certifying to the satisfactory completion of the improvement. Such certification shall be in a form recordable in the Office of the Clerk of the Circuit Court of Miami-Dade Gounty, Florida. 4. The Developer agrees for itself, its successors and assigns, to or of the property or any part thereof, that the Developer and such successors and assigns shall not discriminate upon the basis of race, color, religion, sex or national origin in the sale or in the use or occupancy of Page 2 of5 ," the property or any Improvements erected or to be erected thereon or on any part thereof; and this covenant shall be binding to the fullest extent permitted by law and equity, for the benefit and in favor of: and enforceable by the Agency, its successors and assigns, and any successor in interest to the property, or any part thereof. The Agency shall have the right in the event of any breach of any such covenants, to exercise all the rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of covenant, to which it or any other beneficiaries of such covenant. may be entitled. 5. The Developer (or successor in interest), shall pay the real estate taxes or assessments on .the property or any part thereofwhert~dp~. PBYEL.QPERshaIl not allow any levy or allitchlllel1ft6 b~ made, Qra,ny1i¢rt or anyunauth6nzed ertculllbt~ceto be recorded that is not tt:9I1sferxedtoa bond withlnthii-tY (30) pays:ofth~ levy, attachmerttorits recording in the public record Qther thaufor the :following: a. Any mortgage(s)'in favor or any institutional lender for the purpose of financing any hard costs or soft costs relating to the construction of the Improvements in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and b. Any mortgagees) in favor of any institutional lender refinancing any mortgage of the character described in clause (a) hereof: in an amount(s) not to exceed the value of the Improvements as determined by an appraiser; and c. The recordation, together with any mortgage purporting to meet the requirements of clauses (a) or (b) above, of a statement of value by a Member of American Il1stitute of Real Estate Appraisers ("MAl"), (or member of any similar or successor organization), stating the value of the Improvements is equal to or greater than the amount of such mortgagee s), shall constitute conclusive evidence that such mortgage meets such requirements, and that the right of any reentry heretmder shall be subject to and limited by, and shall not dejeat, render invalid, or limit in any way, the lien of such m01:tgage •. for purposes:.:of this Nra.gr~ph an, ~'in$titutio!}~tl-lender" shall mean any-bank, ::;;:-i';irigs m~ld. ·loan· association, insurante corripany, "ioimrlati611,i)J: dth{fl.'¢hadta~le entity~ real estate or mortgage investment trust, pension funds~ theF~deralNati6lialMortgage Association, agency of the United States Government or othe(govertiIUentalagency. d. All qualified mortgages as defined above in subparagraphs a., b., and c. shall be subrogated to the right of the Agency, at its sole and exclusive discretion, to assume the mortgage without penalty and the mortgage shall not become due or payable solely by reason of the transfer of the property to the Agency in accordance with,the terms and conditions of this deed. All mortgages issued by the DEVELOPER as mortgagor shall provide that the AGENCY sI1.aHhe given notice of any event of default under the tenns of the mortgage or mortgage 110te within 2() days of such event. In addition, the mortgage shall provide that any re-conveY~nCe df the title to the AGENCY shall not trigger disadvantage to the AGENCY. e. Liens that are timely transferred to a bond within 30 days from the date that the lien is recorded. 6. Developer shall not change the ownership or distribution of'the stock of the Developer or change the parties in control of the Developer or the degree thereof while the property is titled in its name without the prior Wlitten consent of the Agency, in its sale discretion. Page 3 of5 7. The Developer shall not transfer the property or any part thereof prior to the completion of the improvements, consisting of an affordable single~ family home, and issuance of a Certificate of Completion andlor Occupancy for the homes by the applicable authority having such jurisdiction. In addition, the deed from the Developer to a SMCRA Qualified Purchaser shall contain a deed restriction requiring that the property is being purchased by a SMCRA Qualified Purchaser, and any sale of the property over the next 15 years shall require sale to a subsequent purchaser who also qualifies as a SMCRA Qualified Purchaser in accordance with the guidelines set forth above in paragraph 1, but using the most current HUD affordable housing income guidelines. 8. In the event the Developer shall violate or otherwise fail to comply with any of the covenants set forth herein, the Developer shall correct or cure the default/violation within thirty (30) days of receipt of notification of the default sent to it by the Agency. Notification may be sent by United States mail to 7300 NW 19 th Street, #502, Miami Fl 33126, e-mail to anne.manning@earthlink.net, or facsimile transmission to 305-471-9750 or courier. If Developer fails to remedy the default within thirty (30) days of receipt of the notification, the Agency shall have the right to reenter and take possession ofthe property and to terminate (and re-vest title in the Agency) the estate conveyed by this Deed to the Developer, provided, that any such right to reentry shall always be subjected to and limited by, and shall not defeat, render invalid, or limit in any way the lien of any valid mortgage or Deed or Trust permitted by this Deed. In the event the Developer fails to construct a residence and obtain the required Certificate of Occupancy or Certificate of Completion within the time required by this deed, the Grantor shall have the right, but not the obligation, to cause Developer to re-convey the Property to the Grantor, subject to any encumbrances against the Property filed by a third~party that has provided financing in connection with the development of the Property, for an amount equal to '"~~ ~ ,tb,e-t~;asse,'l&e~:tval~e of the property.dThe d.eed re,fc.9nvqipg th¢. P~operty srgltonlYijncl~M.:,the :Sfuile· tHk exceptiOns ('OIltain.;;;;d ITt the title policy issued to the Developer upoh the initial conveyance of the Property to the Developer. In case of the failure of Developer to perform any of the covenants in this deed, at the option of the Grantor, this Agreement shall be forfeited and terminated, and Developer shall forfeit any and all claims to the Property and title to the property shall automatically revert back to AGENCY. In the event of the reversion of the title, Developer shall have no right or claim for reimbursement for any expenditure incurred for the improvements made to the Property. All improvements made on the property shall be retained by the Grantor in full satisfaction and liquidation of all damages sustained by the Grantor, and the Grantor shall have the right to reenter and take possession of the premises and seek such self- help remedies as shall place'the Grantor in exclusive possession of the premises. If, at the option of AGENCY, the AGENCY request that the Developer re-convey the Property and if, for any reason, the Developer fails, neglects or refuses to re-convey the Property, the Grantor may seek specific performance to obtain the re-conveyance of the Property without waiving its right to automatic reversion of title of the property to AGENCY by way of the reverter provision set forth hereinabove. All of the provision and covenants contained in this deed shall survive the. closing and transfer of title to Developer. Page 4 of5 9. Upon transfer by warranty deed to the Developer, Developer agrees that any sale of the property shall be to an affordable housing purchaser as defined in paragraph 1 above and the purchasers shall be obligated to comply with the Agency deed restriction requiring the property to be purchased by a qualified affordable housing purchaser as previously defined, and any sale of the property over the next 15 years shall require sale to a subsequent qualified affordable housing purchaser as previously defined in paragraph 7 above. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever . . , *"Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. STATE OF FLORIDA ) ) ~.S '} Grantor City of South Miami Community Redevelopment Agency ~' 1 By: lit ,l ... ~_-:r---,i....><->.o-=-. _____ SEAL Phi ip K Stoddard, as. Chairperson I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Philip K Stoddard, the person described in and who executed the foregoing Warranty Deed between City of South Miami Community Redevelopment Agency and Miami-Dade Affordable Housing Foundation, Inc., acknowledged before me that he executed the same, and who presented as identification the following: '~.' . . ..... ". '.' ,. . ". ' and he did take an oath (or affirmed). i31b WITNESS my hand and official seal in the County and State last aforesaid this ~ day of February, 2012'1 l"j '. V"tL Notary P@Jfic\ "'-'---"\1 Printed: . 1) YNE ~~~~~~~~----- Page 5 01'5 ?iKENGA A. PAYN!. MY COMMISSION # EE133382. EXPIRES October 05, 2015 !'lcrldaNolll. Sa ..... lca,~m AFFIDAVIT Before me, the undersigned, this day personally appeared Anne Manning, who being by me first duly sworn, upon oath, deposes and says: 1. I am an authorized representative of Miami-Dade Affordable Housing Foundation, Inc, 2. I certify that a Notification Letter of Application for Variances for a home to be built at the northeast corner of SW 62 nd Terrace and 62 nd Avenue (approximately 6180 SW 62 nd Terrace) in the form attached ("Exhibit A") and herein incorporated by reference, were mailed, via U.S. regular mail or U.S. Certified mail to all the address in the ownership list attached as "Exhibit B." For clarification, attached is "Exhibit C" which identifies the abutting property owners who were notified via U.S. certified mail in accordance with the City of South Miami Land Development Code. State of Florida County of Miami-Dade) The foregoing was acknowledged before me on this /tP.'daYof,-"'--!F-..:.".,:;:.,...:-,...,....4 2012 by Anne E. ("" Manning, who took an oath and who is personally know to me. """," ;' &: .', Notary P blic Signature <" I <71.~t",J 2l '~~<!OflIlli>U~ I I ' LOT 1 WILLIE SESSION 6127SW61 ST MARTHA JONES 09-4025-020-0010 6127SW61 ST MIAMI FL 33143 LOT 2 FLORIDIAN INVESTMENT GROUP CORP 6029 SW 62 AVE 6029 SW 62 AVE 09-4025-020-0020 MIAMI FL 33143 LOT 23 VICTORIA J CASTLE 5968 SW 61 AVE 5968 SW61 AVE 09-4025-020.:0230 SOUTH MIAMI FL 33143-2248 LOT 24 ONSERLINE G L1TMON 6030 SW 60 TER PO BOX 431599 09-4025-020-0240 MIAMI FL 33243-1599 LOT 27 WINIFRED E SANDS 6003SW61 ST 6003SW61 ST 09-4025-020-0270 MIAMI FL 33143-2245 LOT 28 DAVID KEASLER 6023SW61 ST 6023SW61 ST 09-4025-020-0280 MIAMI FL 33134 LOT 29 FELICIA FLORES 6103SW61 ST 6103SW61 ST 09-4025-020-0290 MIAMI FL 33143-2274 LOT 30 ABDERRAHIM HALMI 6115SW61 ST 6115SW61 ST 09-4025-020-0300 MIAMI FL 33134 BLOCK 5 VICTOR MONTALVO &W LOT1 JANICE MONTALVO 6126SW61ST 61.26 SW 6.1 ST 09-4025-020-0500 MIAMI FL 33143-2282 LOT 2 MARTINE MERBOUTIBANKS 6118SW61 ST 6118SW61 ST 09-4025-020-0510 MIAMI FL 33143 :! ., &lu-ba· {3 -J LOT 3 61i0SW61 ST 09-4025-{J20-0520 LOT 4 6102.SW61 ST 09-4025-020-0530 LOT 5 6026SW6i ST 09-4025-020-0540 LOT 6 6018 SW61 ST 09-4025-020-0550 LOT 7 6010SW6i ST 09-4025-020-0560 " ;:: ·.J;l;;t.@'H6pE;SQ~r>B!@1~ m,QQJil LOTi 6201 SW61 ST 09-4025-048-0010 LOT 2 6221 SW61 ST 09-4025-048-0020 BLOCK 2 LOTi 6200 SW61 ST. 09-4025-048-0040 LOT 2 6220SW6i ST 09-4025-048-0050 LOT 3 6230SW61 ST 09-4025-048-0060 " .. J ! 1 I 1 ~ exrf/O{T'P v-2-'" JESSIE J DEWITT 6110SW61 ST MIAMI FL 33143 JOSEC RODRIGUEZ &W MARJORIE 6102 SW61 ST MIAMI FL 33143-2282 ERIC VALDEZ &W MONICA C KROEPIL 6026SW61 STMlAMI FL 33143-2245 ROBERTO J CRUZ ADISCRUZ 6018SW61 ST MIAMI FL 33143 LILLIAN MANZOR 6010SW61 ST MIAMI FL 33143 REYNOLD MARTIN &W SHERRILL H 6201 SW61 ST MIAMI FL33143-2118 ANTONIO DE JESUS RE 10337 NW 9 ST CIR UNIT 5-3 MIAMI FL 33172-6612 ZORAHOLMES 6200SW61 ST SO MIAMI FL 33143-2119 CYNTHIA M QUARRY 6220SW61 ST MIAMI FL 33143-2119 JAMES BAKER 6230SW61 ST MIAMI FL 33143-2119 LOT 4 6231 SW62ST 09-4025-048-0070 LOT 5 6221 SW62 ST 09-4025-048-0080 LOT 6 6201 SW62-ST 09-4025-048-0090 ~, LOTi 62ooSW62ST 09-4025-048-0100 LOT 2 6220 SW62 ST 09-4025-048-0110 LOT 3 6230 SW62 ST 09-4025-048-0120 TWIN lAKES MANOR SUB PB 57-82 ~ . LOT 1 ,'6260 SW 61 ST 09-4025-039-0220 LOT 2 6240SW61 ST 09-4025-039-0230 LOT 3 6151 SW62PL 09-4025-039-0240 LOT 4 6191 SW62PL 09-4025-039-0250 ,!; 6X-H/hI7 6~ 3 DE BRASIINVESTMENTS INC 2100 WEST 76 ST #204 HIALEAH FL33016 ADAM C BATISTA&W UEZLLROOT 6221 SW62ST MIAMI FL 33143 MICHAEL WINDISCH CECILIA DAVALOS 6201 SW62ST MIAMI FL 33143 ROSIE WATSON 6200 SW 62 STREET MIAMI FL 33143 EUEGERCASTRO 6220 SW62 ST MIAMI FL 33143 JOSEYABER 6230SW62ST MIAMI FL 33143-2123 WILLIAM H PARK ELEANOR L PARK 6260SW61 ST SO MIAMI FL 33143-2119 CYNTHIA NOBBS PO BOX 51315 SARASOTA FL 34232 MARLENE GOMEZ 6151 SN 62 PLACE SOUTH MIAMI FL 33143 MARTIN JOHNSON 6191 SW62 PL S MIAMI FL33143 LOT 5 6221 SW52PL 09-4025-009-0260 LOT 6 6231 SW 62 TER 09-4025-{)39-0270 LOT 7 6221 SW 52 TER 09-4025-039-0280 LOT a 6251 SW62CT 09-4025-039-0290 LOT 9 6253SW62CT 09-4025-039-0300 LOT 10 6255SW62CT 09-4025-039-0310 LOT 11 6321 SW62 CT 09-4025-039-0320 LOT 12 6259SW62CT 09-4025-039-0330 LOT 13 6210 SW 63 TER 09-4025-039-0340 BLOCK 7 LOTi 6251 SW62PL 09-4025-039-0370 l··; i I k I~c I I I t' t [ I " r I' , ! i' I f {;x.Hrf'J /1 (;, -l' LAVERNEW M CUZZOCREA FRANK CUZZOCREA 6221 SW52PL MIAMI FL33143 PHILLIP L WIGFALL :6231 SW 52 TERR MIAMI. FL33143-2174 LEE R PERRY & PAMELA PWILLIAMS 6221 SW52 TERR MIAMI FL 33143-2174 ULYSSES WILLIAMS &W LARIKSA 5251 SW62CT MIAMI FL33143-2124 WlLLlE FLETCHER &W CORTLEY 6253 SW62 CT MIAMI FL33143-2124 BIRTHA WALKER 6255SW52CT MIAMI FL 33143-2124 JOB RARGUETA 6321 SW62CT MIAMI FL33143-2176 NOE DAVID ARGUETA LlGIA DANIELA GOMEZ MUNGUIA 5401 SW 104 CT MIAMI FL 33166 JOANN JEFFERY 6210 SW 63TERR MIAMrFL 33143-2162 MARYLDIXON 6251SW62Pl SO MIAMI FL33143,.2167 LOT 2 6271SW62PL 09-4025-039-0380 LOT 3 6291 SW62PL 09-4025-C39-0390 LOT 4 6290 SW62 CT 09-4025-039-0400 LOT 5 6270 SW62 CT 09-4025-039-0410 LOTS 6250. SW 62 CT 09-4025-039-0420 BLOCKS LOTiO 6250SW62PL 09-4025-039-0520 BLOCK 9 LOT 14 6200SW62 PL 09-4025-039-0660 I I .,. 1" :;; ... , ..... ,-'j; .. I:1N\V'GONS"SUB'NQ5PB'j04:43 ~ ',j LOT 1 .', ;1, 6140 SW 62 ST ", 09-4025-066-0010 j . . j LOT 2 6120SW62ST 094025-068-0020 LOT 3 6100SW62ST 09-4025-066-0030 I ~ ARTHUR RODRIGUEZ &W ANGELINE M 6271 SW62PL MIAMI FL 33143-2167 COOLEY ANDERSON &W JOSEPHINE B 6291 SW62PL SO MIAMI FL33143-2167 fX-Hl81 r 76-t{" LUIS A BATRES 6290SW62CT MIAMI FL 33143-2125 RAUL H RODRIGUEZ WHALKY M RODRIGUEZ 6270SW62CT SOUTH MIAMI FL 33143 BETTY L CARTER SMITH & ROBERT SMITH & ANITHA 2570 NW 16 CT FT LAUDERDALE FL 33311 INVEST HOMES LLC 5619 Plt,-JEROCK RD ORLANDO FL 32810 WILLIAM JOHNSON 6200SW62 PL SO MIAMI FL33143-2130 ARMANDO DIAZ &W CARMELINA & CARLOS DIAZ SAMPOL &W ETAL JTRS 3232 SW 22 ST #710 MIAMI FL 33145-3187 CLARENCE BOYNTON &W CHARLENE 6120 SW62 ST MIAMI FL 33143-2252 JOANN BILLINGS 6100SW62 ST MIAMI FL 33143-2252 Idt-4 CONFIDENTIAL 09-402&-066-0040' LOT 5 6020 f'm 62 ST 09-4025-066-0050 LOT 6 6000SW62ST 09-4025-006-0060 PINES PB-13-2. BLOCK 1 l' '~ ; :J; :j J I J I i! '1 j. , \~ LOTS 1 & 2 LESS S10FT & \(\110FT FOR RfN VACANT " 09-4025-009-0010 LOT 3 6167 f'm64 ST 09-402~030 LOT 4 6165 f'm64 5T 09-4025-009-0040 LOTS 5 &.6 6157SW64ST 09-4025-009-0050 LOTS 7 &8 6141 f'm 64 5T 09-4025-009-0070 LOT59 & 10 6117SW64ST 09-4025-009-0080 BLOCK 2 LOTS 1 & 2 LESS W10FT OF LOT 6345 SW 62 AVE . 09-4025-009-0100 6XH/Btl 6-(, CARRIEL NEWSOME 6040'5W 62.ST 50 MIAMI FL 33143-2251 JAMES[)EAN &W MARGAREE 6020SW62ST MIAMIFL 33143-2251 TONYH LIN 6000SW62ST MIAMI FL 33143-2251 MIAMI-DADE COUNTY PUBLIC WORKS 111 NW.1 ST 5TE 1610 MIAMI FL 33128-1924 BRAVO & COMPANY LLC 7920SW58 ST MIAMI FL 33143 BRAVO,& COMPANY LLC 79205W58 ST MIAMI FL 33143 BRAVO'& COMPANY LLC 7920SW58 5T MIAMI FL 33143 FAITH TABERNACLE OF 5 MIA INC 6141 SW645T 50 MIAMI FL 33143-3406 NORMAN HOWARD 1331 L1TILE RIVER DR MIAMI FL 33147-3240 SETAREHLLC PO BOX 833322 MIAMI FL 33283 LOTS 3&4 6163 SW63 TER 09-4025-009-0110 LOTS 5 &6 6151 SW 63 TER 09-4025-009-0120 LOTS7&8 6133 SW63 TER 09-4025-009-0130 LOT 9 & W8.34FT LOT 10 6125 SW 63 TER 09-4025-009..()140 LOT 10 LESS W8.34FT & W19:49Fr LOT 11 6117 SW 63 TER :: 09-4025-009-0141 :j :.<! ~0T11 J,;ESS W19;49FT & ~':.ILLL6T 12 610tSW63'TER ;: 0940z5..009-0142 Ii LOTS. 13 THRU 15 6120SW63ST 094025-009-0150 lOTS 16THRU 18 6130SW63ST 094025..()og.:o155 lOTS 19&20 6150SW63ST 094025-009-01.60 'f 1 i 'I 'J 'i i :1 .~ " ,:i ~ lOTS 21 THRU 23 & lOT 24 LESS W10FT FOR R/IN 6198SW63ST • 094025-0Q9.01S0 I3XHlfJI1 0 .... 1" SISA & SONS llC 8205 LAKE DRIVE APTA-107 DORAL FL 33166 DEBORAH C POWELL 13921 SW 158 ST MIAMI Fl331n-10S6 ANGELICA M AGOSTA PO BOX 558146 MIAMI FL 33255 ANA M MELZER&H JUAN C DAVID 6125 SW63 TERR MIAMI FL 33143-2213 JOANN STUKES 6117 SW63 TERR SO MIAMI FL33143-2213 Ol T HOLDINGS LlC sno SUNSET DR #123 MIAMI FL 33173 THOMASENATHOMPSON 6120SW 63 ST . SO MIAMI Fl33143-2211 SHEILA A CANIDATE 6130SW63 ST SOUTHMIAMI Fl 33143 LEE R PERRY & JANICE P DANTZLER 6221 SW 62 TERR MIAMI Fl33143-2174 SUREKHA S KOPPAR &W S.UNllV 619S SW63 ST SO MIAMI FL 33143-2211 I" I lOTS 13 & 14 BlK3 & lOT;~ BLK 16 OF PB 5-'34 LESS N7.5FT FOR R1W 6100 SW62 TER r 09-4025-'009-0230 I I· i 1 i E112 lOT 2 & ALL LOTS 3 & f1 6165 SW 62 TER 09-4025.:009-0270 LOTS 5&6 6143 SW 62 TER 09-4025-009-0280 lOTS7&8 6133 SW 62TER 09-4025.:009-0300 LOTS9&10 6117 SW62 TER 09-4Q25.:009-Q310 LOTS 11 & 12 6109 SW 62 TER 09-4025-'009-0320 FRANKLIN SUB PB 5-'34 BLOCK 13 lOT 72 lESS S17.50FT 6085 SW 63 TER 09-4025-010-0710 tOT 73 lESS S17.5FT FOR RJIfJ 6075 SW 63 TER ' 09-4025-010-0720 lOT 74 lESS S17.50FT BlK 13 '& 7.5 i=T AllEY lYG E & ADJ CLOSED PER R-92- 1515 6053 SW 63 TER 09-4025-'010-0730 lOT 81 LESS N10FT FOR R1W BlK 1.3 & 7.5FT ALLEY lYG E& AOJ CLOSED PER. R-92-1515 ' 6050'SW63ST 09-4025-010-0740 ; :j "I: ! ! 1 ;.> DARRYL SCAVELLA &W DENISE 6100 SW62 TERR MIAMI Fl33143-2258 DONALD BYRD JR 6165 SW 62 TERR SOUTH MIAMI Fl 33143-2257 MARK D WIll &W LYNDONNA B 6143 SW 62 TERR MIAMI FL 33143-2257 SABA SABA 6133 SW62 TERR S MIAMI Fl33143 WILLIE J WALKER AMY WALKER 6117 SW 62 TERR MIAMI FL 33143-2257 FLOYD BRYANT &W JUANITA 6109 SW 62 TERR S MIAMI Fl33143-2257 JULIA S & lESLIE STUKES 6085 SiN 63 TERR MIAMI Fl33143-2212 BETTY M ASBURY 6075 SW 63 TERR S MJAMJiFl 33143-2212 JAY ABRAMOWITZ & KEITH l MUELLER 1321 SW21 CT FT LAUDERDALE FL 33315 WARREN CUERO &W LUTRICIA 6050 SW63 ST SO MIAMI Fl33143-2280 --:' ex. tU » rf /3;-~ .,.....,..-....--::-....--::-~~~""",~ " lOT 82 lESS N10FT 6066&1>163ST 0Q-4025-010-0760 lOT83 LESS N10FTTHEREOF 6090SW53ST 09-402!Hl10-0780 BLOCK 14 W1120F lOT 79 lESS N17.50FT & lOT 80 lESS S15FT & LESS N17.50FTBLK 14 & 7.5FT AllEYlYGW &ADJ CLOSED PER R-92-1515 6040 &1>163 ST 09-4025-010-0840 SlOCK15 ' LOT 87 lESS S17,50FT Bt.K15'& 7.5FT AllEY lYG W &ADJ CLOSED PER R-92- 1515 t 6041 &1>163ST i 09-402!Hl10-0850 i W25FTlOT91 VACANT 09-402!Hl10-0900 J:. i I. i lOT 92 BlK 15 & 7.5FT":AuklYG W & ADJ ClOSED.PER R-92-1515 6040&l>l62TER "'1' 09-402!Hl10-0910 I BLOCK 16 lOT 84 6091&1>163ST 09-4025-010-0930 i ;: j: " lOT 85 lESS S17.5FT FOR ,RIW 6061·SN 53 ST 09-402!Hl10-0940 " lOT 86 lESS S17.50FT FOR RJW BLK 16 & 7.5FT AllEY l YG E & ADJ CLOSED PER R-92-1515 6051 SW53ST 09-4025-010-0941 LOT 93 lESSN10FTFOR RiWBLI< 16 & 7.5FT AllEY lYG E &ADJ CLOSED PER R-92-1515 ' 6050 SN 62 TER 09-4025-010-0950 EXitF?;/,f 8-; SUNDRA E AARON 6066SW63ST SOUTH MIAMI FL 33143-2280 DENISE Y KOlBl-COVINGTON 6090 SW53 ST SOUTH MIAMI Fl 33143 SABRINA 0 COOPER 6040 SW53 ST SOUTH MIAMI Fl 33143-2209 LESUE S STUKES 6041 SW63 ST S MIAMI Fl 33143 ANNETTA B KELLY lEVY KELLY 6250 SW 60 AVE MIAMI FL 33143 MARIE J DESIR 6040 SW 62 TERR MIAMI FL 33143 LAKEISHA C COX 6091 SW63ST S MIAMI FL33143-2281 DAISY M JACKSON 6061 SvY63ST MIAMI FL 33143-2281 REMARK BELL &W MARY LEE 17341 SW 109 AVE MIAMI FL33157-4039 JENEL PATTERSON 6050 SW 62 TERR MIAMI FL 33143-2279 LOT 94 LESS N17.50FT FO~AAV 6068 SW 52 TER 09-4025-010-0960 BLOCK 17 lOT 96 LESS S10FT 6083 SW 62 TER 09-4025-010-0990 LOT 97 LESS S10FT FOR R!W 6067 SW 62 TER 09-4025-010-1000 LOT 98 LESS S10FT BLK 17~& 7.51'1' ALLEY LYG E&ADJ CLOSED PER R-92-1515 6051 SW62TER ; 09-4025-010-1010 BLOCK 18 LOT 99 lESS S13FT BLK 18:& 7.6FT ALLEY LYG W & ADJ CLOSED PER R-92-1515 6031 .SW 62 TER 09-4025-010-1020 lOTS 100 & 101 6017SW 62 TER 09-4025-010-1030 .'~ , I I I r ,. , ! em/Br1 f3 -' (6 ANADIAZ 6066 SW62 TERR MIAMI FL33143-2279 JACQUeLINE L MOUl TRY 6083 SW52 TERR MIAMI Fl33143-2255 ANGEL A BARRIOS 14700 SW 76 AVE MIAMI FL 33156 JESSMA PRICE 6400 SIN 60 AVE MIAMIFL 33143-3452 COKES WATSON &W LOTTIE 6031 SW62 TERR MIAMI FL 33143-2255 CURTIS GROSS & W STEPHANIE 6017 SW 62 TERR SOUTH MIAMI Fl33143-2255 ~:. Wl0g>JSSJi?ESW!N:OSGiQlffilam4500:3:.mcSIl0Cl(i3;:F'fNESj:PS?fg:2"-~·-- (32UTS) (TX-2121/12)~t~OOl) ---. _. --.. --.. .. -... 7 6170 SW62 TER 4 6116 SW 62TER 8 6165SW63ST 6 6165SW63ST 4 6165SW63ST 2 6116 SW62 TER 7 6165SW63ST 5 6125SW63ST 2 6165SW63ST 8 6170 SW 62 TER ., cXfi16t 1 8~· (f PETER H ANSELMO &W DONNA M & FRANK MARINUCCI &W SUE N 28 SUNNY RD SAINT JAMES NV 11780 LUIS ARENCIBIA &W LlSSETTE 6116 SW62TER #4 SOUTH MIAMI FL 33143-2268 FEDERAL NATIONAL MORTGAGE ASSOC 6400 LEGACV DR PLANO TX 75021 EUGENIA BERMUDEZ 230 PLEASANT PL . POINT PLEASANT NJ 08742 RAMONCARO MIRIAM;GARCIA DE CARO 6165 SW63 ST#4 S MIAMI FL 33143 ELSA CASTELLON 6116 SW 62 TER #2 SO MIAMI FL 33143-2268 IVAN I.CASTELLON & IGNACIO CASTELLON 6165 SW63 ST#7 MIAMI FL 33143-2263 RENE CORTES &W MARTA 6125 SW 63 ST #5 SO MIAMI FL 33143-2262 RAYMOND MONTES DE OCA 6165Sv;!63ST#2 SO MIAMI FL 33143-2263 KARLA V GONZALEZ 21 SW113AVE#105 MIAMI FL 33174 1 6170 SN 62 TER 3 6170 SW 62 "fER 5 6170 SN62 TER 2 6170 SW 62 TER 2 6125 SN63 ST 5 6116SW62TER 3 6165SN63ST 8 6125 SW63 sr 1 6165 SN63 sr '" : ~ i " !; I. ,. i i t; f, i {, 'i t ~ .~. I, (yJ1fot( fb -1~' PINECREST FL 33156 3AHOMESLLC 10500 NW 29 TER MIAMI FL33172 AM1 INVESTMENT LLC 1835NE MIAMI GARDENS DR #173 NORTH MIAMI BEACH FL 33179 GREEN LIFE INVESTMENTS LLC RAFAEL AGENT 900 BISCAYNE BLVD STES706 MIAMIFL 33132 ILLIMANI 2010 LLC 2121 PONCE DE LEON BLVD STE1050 CORAL GABLES FL 33134 RAVIMASE 4 LLC 2829 BIRD AVE STE5 PMB135 MIAMI FL 33133 SOUTH MIAMI I LLC 11320 SW 107 AVE MIAMI FL 33176 . SOUTH 'MIAMI I LLC 11320 SW 107 AVE MIAMI FL33176 DALVIS.LOBAINA 6125 SW 63 ST #8 SO MIAMI FL 33143-2262 MARITZA LOPEZ 6165 SN63 ST#1 SO MIAMI FL 33143-2263 J .'.?': ~, "'1&...,V''Wv..IVI1rJ SO MIAMI FL 33143-2262 1 MARIA MACIAS 6125SW63ST 6125SW63 ST#1 SOUTH MIAMI FL 33143-2262 8 THE BANK OF NEW YORK 6116SW62TER MELLONTRS 6116 SW62 TER APT8S MIAMI FL 33143 6 THEODORE W POULOS 6170 SW62 TER 306 HIGHLAND AVE NEPTUNE NJ On53 6 ADRIANA REBELO 6125 SW63 ST 6125 SW63 ST#6 SO MIAMI FL 33143-2262 .J 5 ALEXANDER REED 6165SW63ST 6165 SW63 ST#5 SO MIAMI FL 33143-2263 4 JULIO C SANCHEZ 6170 SW62 TER 6170 SW 62 TER #4 MIAMI FL 33143-2266 1 ELIZABETH S SPEARS 6116SW62TER 6116 SW 62 TER #1 MIAMI FL 33143-2268 7 LUIZ THOMAZINI 6116 SW62 TER 6116 SW62 TER #7 SO MIAMI FL 33143-2268 3 SANDRa VEIGA 6116 SW62 TER 6116 SW62 TERR#3 MIAMI FL 33143-2268 f.:XIflBI1 t3~ Ij 3 61255W63ST " ! .. : :;"" ........ __ 1 .. "'" ul-n.mULJCL. 306 HIGHLAND AVE NEPTUNE NJ onsa THEODORE W POULOS JR 6125 SW63 STtt:J MIAMI FL 33143 (:y)f(b J r r!r i k ABUTTING PROEPRTY OWNERS -(APPROXIMATELY 6180 SW 62 ND TERRACE) NORTHEAST CORNER OF SW 62 ND TERRACE AND 62 ND AVENUE Armando Dial and W Carmelina & Carlos Dial Sampol 3232 SW 22 nd Street, #710 Miami, Fl 33145-3187 Donald Byrd, Jr. 6165 SW 62 nd Terrace South Miami, FL 33143-2257 N Graphic Scale :trJ U ·10 ~-' .. ./' '"' 2d c :r. lOT 1 BlK 5 (PB 104 • PG 13) -...:~~;;;';';"";";';"-";"-';~'T&\;.~·-"""·""'l--"" I I I I I I I I I VA CA~NT ! I .1 I I I , I I I I I I I I I I I -I :::?! I o(S I 0:: Et I "-" LOT 2 J o BlK4 I o I ~ I ('1) J I I I I I r I I I I r I I lOT3 BlK4 FIPI/2" i I F .. , .................. " .. Iif+'~~~:.-:-4~~~.,-J.--..,~r--L...,... ....... ....I..-tfJ~~~::. _1------ LOCATION MAP (NOT TO SCALE) CERTIFIED TO: Miami-Dade Affordable Housing Foundation. Inc .• First American Title Insurance Company. Rennert Vogel Mandler & Rodriguez, P.A. LEGAL DESCRIPTION: (/) Z o ~ > ill n:: co co « Lot 1, and the West ~ of Lot 2, in Block 4, of PINES, according to the plat thereof as recorded in Plat Book 13, at Page 2, of the Public Records of Miami Dade County, Florida. FLOOD ZONE: WITHiN ZONE, X ELEV.: NJA COMMUNITY, 120658 PANEL No" 0458 SUFFIX, L DATE: SEPTEMBER .\ 1,2009 ORDER NO.: M·i0057 'FIELD BOOK .; ·FI'LE" DATE: FEBRUARY 13, 2012 UPDATE: UPDATE: 1 HER[(JY CERTWY; THAT THIS DRAWING AEPRESE'''{fS n'{f5 RESULT OF A SuRVEY OF' Tl-lE WITHIN DESCRIBED PROPERlY AND nilS DRAWING AND SAID SURVEY weRE PREPAfn~D BY ME OR UNDER MY O!RECT:ON. THEHE ,ARE NO ENCHOACHMEI\m3 \jNlESS SHOWN THEHSCN. NOTES: ~ THIS SURVEY DOE3 NOT REFLECT OR DETERMiNE OWNERSHIP. " EXAf,AINATION OF THE ABSTRACT OF 11TI...£ WILL ;-lAVE TO BE t...lAOE TO OETERM!NE RECOROED tNs:mt.JM!~i\rh~. IF ANY, N:FECTiNG THE PROPERTY THS SURVEY IS SUBJECT TO DEC(CAl'\ONS! LlMITATION"$. RESTRICTIONS, RE:SERI,IATIONS OR EASEMENTS Or~ RECOROS< • U~:GAL OESCRiP'nONS PROVIDED BY CUENT OR ATTESTING nTLE COf"lPANY. ~ UNLESS o-fHEHI.-V1Sc NOl'':O, l'H;S FIP.M H.A.S NOT AN I"TTEMPED TO LOCATED FOOTINGS ANDIOR F-OUNOA 110NS, < NOT V;SI81.F: ENCHOACHMF.NTR WERF FOUND ON THE PROPERTY, UNLESS SHOWN . • If SHOWN EU·::V,1.TIOf\:S AF~[ REf:ERAED TO N •. q,V,f). OF; 19'2H. 'BENCH MARK uSED NO. P~4000, WI ['H t:::lEv.c..rON: ~'&1' ROPERTY ADAESS: 61 xx S.W. 62nd Terrace Soutll Miami. FL. 33143 u I.J~5 (J U {vi U MIAMI·DADE AFFORDABLE HOUSI~IG FOUNDATION, INC. THIS SURVEY IS ~IOT VALID WrrHOUr.HE SIGNATURE AND RAISED SEAL OF' 'oRi6i\ LICENSED SURVEYOR AND MAl'P / / 1:' .' <: ~ ~ .1 ~\ d zoo .. \)\II@ ..... I :ti:l- 34SE 2012 SE THE MIAMI HERALD NEIGHBORS CALENDAR r · CALENDAR, FROw:::~:"'=~' Tuesday Tasling 10 Benefil Orches-looking to improve~:~:'::::'~"~@~:::end: satur:-M~~: 2012 ~ II Ira Miami: Kork Wine & Cheese, photography skills -the KENDALL All White Yacht Party I downtown's hottest new destina-CAMERA CLUB is for you! Hosted by Tip Drill, Lacy Lippz, Hi-Tech Air Service FPL PARTICIPATING INDEPENDENT CONTRACTOR'" i Miami, 401 Biscayne Blvd., Down-tions for quality wine and music,will Meetings: 2nd & 4th Thursday of and Barbie Brittania. i town Miami. $25. 305-443-5787. host a fundraiser for the benefit of each month 3 p.m. May 26. Rush Nightclub, i www.miamirotary.org. Orchestra Miami on Tues, May 22,at Where: Evelyn Greer Park -8200 1439 Washington Ave" Miami Beach. I Seasons Hospice & Pallialive Care of 7:30 PM. For $20, enjoy a full glass of SW 124 Street $100 -$2000. Soulh Florida Volunteer Recruil-their main selection and two tasting Time: 7:15 p.. Boy Scout Troop Seven: For boys menlo Seeks passionate volunteers pours, plus a selection of meats & 7:15 p.m. May 24. Evelyn Greer 7-11, Boy Scout Troop Seven is who want to make a difference cheeses to accompany the wine.. Park, 8200 SW 124th St" Pinecrest. celebrating its 90th Anniversary .. along with professional who provide 7:30 p.m. May 22. Kork Wine & $60/year.305-343-0428. 7:15 p.m. May 23. Troop 7 Cabin, care for patients and their families Cheese, 2 S. Miami Ave., Downtown www.kendallcameraclub.org.ll07 S. Greenway Dr., Coral Gables. throughout South Florida when a life Miami. $20. 305-274-2103. Open Miik Karaoke Thursdays -$75 per year. 305-448-5401. limiting illness no longer responds to www.orchestramiami.org. Johnny's Downlown Miami: Join us www.Troop7.org. curative treatment.. for drinks and a song. Search & Catholic Middle School Art Festival 10 a.m. May 21. Seasons Hospice & CLUBS Select from thousands of songs on at the ACND Gallery: An exhibition Palliative Care of South Florida, 5200 Bingo for Charity al Elks Lodge our fully computerized touch screen of art created by students who NE Second Ave., Little Haiti. #1835: Play bingo to benefit Ariana kiosks or from your smart phone, attend area Catholic Middle Schools. 305-762-3883. www.seasons.org.Children·s Hospital near northern OJ Miik hosts Their work will represent a variety of Florida and veterans' organizations, Open Miik Karaoke Thursdays @ mediums including paintings, pencil ,======~================~I hi ===========,-; particularly homesless veterans. Johnnys Downtown Miami and charcoal sketches, 3-D, and ;= I' 7 p.m. May 23: 7 p.m. May 30. Elks For more details check out various non-traditional art pieces CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. June 5, 2012, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution related to the request for eight variances from Section 20-3.5 of the City's Land Development Code. 1. to allow a 37.5' frontage where a 60' frontage is required; 2. to allow development on the lot which has 3,525 square feet where 6,000 square feet is required; 3. to allow 5' interior setback when 7.5' is required; 4. to allow 12' front setback when 25' is required; 5, to allow 9.17' side street setback when 15' is required; 6. to allow 24.33' back setback when 25' is required; 7. to allow one parking space where two are required; 8. to allow maximum building coverage of 38% when 30% is required; to construct LEED Certified affordable housing on a nonconforming lot of record in an RS-4 zoning district. NE corner of SW 62 Ave. and SW 62 Terr. Folio # 09-4025-009-0240 An Ordinance amending Section 20-8.9 of the Land Development Code titled Special Exceptions within the T.O.D.D, district, in order to, among other things, include the following; a definition of special exception and Large Scale Development; provisions and conditions for review and approval; deleting minimum lot area; providing for perpetual maintenance; and providing for the expiration and extension of approvals, ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M.Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision madc by this Board, Agcncy or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Lodge 183S, 12495 NE Second Ave., OpenMiikKaraoke.. such as folk art .. North Miami. $10 cards. 10 p.m. May 24. Johnny's Miami, 8 a.m. May 25. ACND Gallery of 305-687-2132. 62 NE 14th St., Media and Entertain-Art, Archbishop Curley Notre Dame Gain the confidence you need to be ment District. NO COVER. High School, little Haiti. Free. a Speaker and Leader: Surveys show www.OpenMiikKaraoke.com. 305-751-8367. www.acnd.net. that presentation skills are crucial to COMMUNITY Chamber Soulh Ambassadors: This success in the workplace. Toastmas-group of members plans activities ters provides an option that is less "Unleashing Your Power, Igniting and events to welcome and involve expensive and held in high regard in Your Passion" Book Discussion: Join new members, while becoming business circles.. Michelle Alvafor a fun and uplifting mentors to new and prospective 7 p.m. May 22. Homestead Main gathering to discuss strategies plus chamber businesses. Membership is Street. 43 North Krome Avenue, lead a discussion along with the by invitation .. Homestead. Guests can visit the club author, Osmara Vindel.. 4 p.m. May 22. Chamber South, free of charge. 305-903-2960. 7 p.m. May 24. Choices Vegan/ 6410 SW 80th St., South Miami. Free , speedwayspeakers.org. Raw Cafe, 379 SW 15th Rd.,. Kendall Camera Club: If you are All White Yacht Party Memorial Day • TURN TO CALENDAR, 42SE ~~bX0 7 . MJAMI4iADE EXPRESSWAV AUTHORITY MDX TIER I WORKSHOPS The Miami·Dade Expressway Authority (MDX) hancheduled two Tier I Workshops to present Information on the analysis cOnduc,ed to date for the US I Express l.:!nes Project Development and· Envirooment(PD&E) Study. The suidy consists of evalu.ti.ng the feasibility of express or managed lanes In the South Dade· Susway by private vcllide. paying a toll, ... Ing congestion on. US r and enhancing transit service and safety. Each workshop will begin with • 30·minu,,' open house followed by.. presentation, The same information will be provided at each meeting, Your.psrtidpation is encouragedandappreciate<f Wednesday, May 30,lO Il. 3:30-$:30 pm or 6:0!I-S:OO pm . South Dade Regional Li~· lnd Floor Auditorium 107$0 SW 21lth Street Cutler Bay. FL 33189 ~n MDX .me~.IOC.:ltio~s comply witlt,appfieltk reqtJi~nts of tbcAmcriQns with DisabliitiC!sAtt.Auxili3.ry aJds or services: ~U ~ provided upon request with :at rea$[ five" (S) days;, notN:;~ prior to the date of the meeting h .. rln& Impol,.u. telepho .. the Florid. R •• y'Servi« N.",b<!r< (SOO) 955-877.1 (TOO) or {sao} 955-8770 (Yoke). fof' ~roQflC;:~. FQr further: ~ion Of om~Qn;ce..p.l~"eon~Tcro Garda,. Public Inf.o.t'nutlon ~ by pnooe at (1$6)" ln~~2n" or: :by "tNnaii at USI ex~mdlCWaY.c()''l''I.' or write to MayrO!. "Oiu. HDX Pbnning Manager. at 3790"NW ll$t:"$tree-c:. Miami. Aorlda 33142. MOX invtt!s alll!rterested parties to-attend. Publit 1<lrtlo:~ It fi~kiw4 wi"thwt ~gard ~ ~.co!or.mtioml otigln,~.$ex.religiOf'l. di1i;lbi~y Qftam!1y SQws.. www.1oI0XWAY.oom Let'. move forward together. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review Ilk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -JUNE 5, 2012 in the XXXX Court, was published in said newspaper in the issues of 05/18/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, re, . sion or refund for the purpose of securin IS advertisemen for publication in the said Sworn to and subscribed before me this 18 day of MAY ,A.D. 2012 (SEAL)