14THE CITY OF PLEASANT LIVING
To:
FROM:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Thru: ar Christopher Brimo AICP, Planning Director I J I
DATE: October 21,2014 Agenda Item No.:~
SUBJECT:
A Resolution relating to a request for a variance from Section 20-3.5(E) of the land
Development Code to allow a front setback of 7 feet 6 inches where a minimum of 25 feet is
required, for a one-story addition to a single family residence located at 6001 SW 65 Avenue,
South Miami, Florida, within the RS-3 zoning district.
BACKGROUND:
On September 12, 2014 the applicant, Mr. Anthony DiDonato (property owner), requested
approval of a variance of 17-feet 6-inches to the required front yard setback of 25-feet, in order
to construct a garage and master bedroom addition to the existing one-story residence located
at 6001 SW 65 Avenue (Figure 1).
Figure 1
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Front Setback Variance Request
6001 SW65thAvenue
November fi 2014
Page2of5
The existing structure was built in 1956 prior to the establishment of the current dimensional
requirements on an irregular shaped lot zoned RS-3, within the Twin lakes neighborhood, and
following variance approval by the then City Commission (Figure 2).
Figure 2
The City's land Development Code requires any new construction to meet the current zoning
standards for the particular district where it is located; in this instance, within the RS-3" low-
Density Single-Family Residential District. The applicant provided a hardship letter, which
states that the irregular shaped lot prohibits a single story addition to the property without a
variance.
ApPLICABLE REGULATIONS:
Min. Lot Size
Net Area (sq. ft.)
Frontage (ft.)
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Section 20-3.5E
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS -ONE-STORY
RSI RS2 RS3
40,000 15,000 10,000 6,000
125 100 75 60
RS4
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RS5
6,000
50
Front Setback Variance Request
6001 SW 65th Avenue
November 6, 2014
Page 3 of5
Min. Yard Setbacks (ft.)
Front
Rear
Side (Interior)"
Side (Street)
Max. Building Height
Feet
Max. Building Coverage (%)
Max. Impervious Coverage (%)
50
25
12.5
20
25
First floor 20
30
35 25 25
25 25 )5
10 7.5 7.5;sup\sup;
15 15 15
25 ~5 25
30 30 30
40 ~O 145
• a Cumulative width of both side yards shall be not less than 20 percent of total lot width.
~5
25
7.5;sup\sup;
15
~5
30
145
• ;sup\sup; Except that additions to existing structures may have 5 feet interior side setbacks where any portion of the
building already has a 5 feet setback
ANALYSIS
The applicant is proposing to construct a one-story addition to be located on the north side,
which consists of a two-car garage facing the front yard and a master bedroom and bath along
the interior side and towards the rear of the property. Please refer to the attached survey
(Exhibit A) and Figure 2 for the existing building orientation that illustrates the existing
conditions of this irregular 14,659 square foot ± lot.
(1) The subject site is surrounded on the north, south and east by single family homes zoned
RS-3. To the west of the property is a parcel zoned Public Institutional (PI), known as the
Girl's Scout property and currently owned by the City of South Miami.
(2) The front yard setback variance requested will result in a 7'-6" front setback for the
proposed addition. This is a unique situation due to the curvature created by the right-of-
way along SW 65 Avenue and the irregular shape of the lot.
(3) It is important to note that the design and construction of the original home in 1956 also
took into account the irregular shape of the lot and its orientation to the curved right-of-
way. This construction was accomplished by the granting of a variance was by Resolution
No. 891 (attached), passed and adopted on June 12, 1956. The approved variance was for a
15 foot setback from the side and rear property lines, and a 15 foot setback from front
property line.
(4) The applicants letter of Intent states that the irregular shaped parcel is a hardship and the
special circumstances of the existing street curvature along SW 65 Avenue justify the
granting of the variance.
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Front Setback Variance Request
6001 SW65thAvenue
November 6,; 2014
Page 4 of5
(5) The variance requested will have minimal impact on surrounding properties. Please note
that the applicant's variance request relates only to the front portion of the proposed
addition along SW 65th Avenue, and is in keeping with the existing building's orientation to
the street of approximately 45 degrees.
(6) The homeowner is also maintaining a 10 feet interior side setback, along the north property
line, which exceeds the required 7'-6" minimum interior side setback. This was in
consideration of the property to the north.
The orientation of the existing one-story building and the swimming pool take into
consideration the irregularity of the subject site and was designed to follow the curve of the
SW 65th Avenue, narrowing on the south side of the property. The north side being the wider
area of the subject property accommodates the existing one-story building positioned in an
angle and facing SW 65 Avenue.
The homeowners considered several other options for the additionlrenovation, including a
second story addition, and locating a detached garage on the south end of the property.
However, taking into consideration the preservation of existing green space and the context of
the surrounding neighborhood, they felt the proposed design was the least intrusive. In
preliminary discussions with staff, it was felt that this option was the right approach.
The proposed renovation will minimize possible impacts to the existing green space by
relocating the existing one car garage on the south side of the structure, to the north side. This
existing garage space will undergo an interior modification to habitable space, and will provide
the homeowners a view and better access of the outdoor green area from that portion of the
house. The existing circular driveway that stretches along the curvature of the right-of-way will
be adjusted to accommodate the proposed garage entrance at the north end of the building.
The proposed location for the new two car garage and master bedroom suite on the interior
north side of the property would not negatively impact the property to the north, nor the front
facade, as the proposed design is in keeping with the original design of the home and the
irregular shape of the lot.
The narrower, south side of the site consists of the green area with several existing trees, and a
swimming pool with deck area that is positioned on the site in a north to south orientation/axis.
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:
CB
1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
The existing single family home is built on an irregular shaped lot following
variance approval in 1956.
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Front Setback Variance Request
6001 SW6SthAvenue
November fi 2014
PageS ofS
2. Denial of the 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;
The shape of the this propert~ the existing residence and its orientation to the
public right-of-way are unique within this neighborhood
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
This is an irregular shaped lot and structure that was constructed in 1954 prior to
the establishment of the current code requirements.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
The request the minimum necessary for the proposed addition.
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 injurious to the neighborhood or
otherwise detrimental to the public welfare.
The approval of the variance is consistent with the City's general intent and
purpose of the code; preserves the character of the neighborhooct which is
predominately single-story residences; and will not me injurious to the
neighborhood or otherwise detrimental to the public welfare.
At the October 14, 2014 Planning Board meeting, the board reviewed Application PB-14-010 for
the requested variance, and following a public hearing on the application, voted 4 ayes and 2
nays to recommend the denial of the variance as requested. Please refer to the attached
summary of the discussion.
RECOMMENDATION
Pursuant to the recommendations of the Planning Board and the City Attorney, staff
recommends denial of the request as presented. The City Commission can approve the
application as submitted, approve with conditions/modifications or deny the application.
Should the Commission recommend approval of the requested variance, the development shall
comply with all other City Code requirements.
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1 RESOLUTION NO. ________ _
2
3 A Resolution relating to a request for a variance from Section 20-3.5(E) of
4 the Land Development Code to allow a front setback of 7 feet 6 inches where
5 a minimum of 25 feet is required, for a one-story addition to a single family
6 residence located at 6001 SW 65 Avenue, South Miami, Florida, within the
7 RS-3 zoning district.
8
9 WHEREAS, on June 22, 2012 Anthony DiDonato obtained title to the property in question;
10 and
11
12 WHEREAS, on September 12, 2014 Anthony Di Donato, submitted an application for a
13 variance to construct a one story addition to an existing one-story single family residence; and
14
15 WHEREAS, in 1956 the City Commission upon recommendation of the Advisory
16 Zoning Board granted variances, including the reduction of the front setback to 15 feet, for the
17 construction of the existing single family residence by Resolution No. 891; and
18
19 WHEREAS, application No. PB-14-010 was submitted to the Planning Board by the
20 applicant Anthony DiDonato; said application requesting approval of a variance from Section 20-
21 3.5(E) to permit the construction of a one-story addition, to allow a front yard setback of 7 feet 6
22 inches, where a minimum of 25 feet is required, on property located at 6001 SW 65th Avenue,
23 within the RS-3 zoning district; and
24
25 WHEREAS, the approval of a variance requires a recommendation from the Planning
26 Board and the approval of the City Commission after a public hearing; and
27
28 WHEREAS, at its October 14, 2014 meeting, the Planning Board after a public hearing
29 voted 4 ayes 2 nays to recommend denial of the variance requested; and
30
31 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
32 accept the recommendation of the Planning Board.
33
34 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
36
37 Section 1. The recitals set forth in this resolution are true, that they are supported by
38 competent substantial evidence and that they are incorporated into this resolution by reference.
39
40 Section 2. That the subject application No. PB-14-010 that was submitted to the Planning
41 Board by the applicant Anthony DiDonato; said application requesting approval of a variance from
42 Section 20-3.5(E) to permit the construction of a one-story addition, to allow a front yard setback
43 of 7 feet 6 inches, where a minimum of 25 feet is required, on property located at 6001 SW 65th
44 Avenue, within the RS-3 zoning district; and is hereby ______________ _
45
46
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Section 3. The approval of the requested variances includes Exhibit A, Site Plan by
Accurate land Surveyors, Inc., dated 03-10-2014, for proposed addition at 6001 SW 65th Avenue
is incorporated herein.
Section 4. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this __ , day of ___ , 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
17 Commissioner Liebman:
18 Commissioner Welsh:
19 Commissioner Edmond:
20 CITY ATTORNEY
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday; October 14, 2014
City Cmnmissiol1 Chambers
........> .. . .... 7:00 P.M.
R FT
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 7:09PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Mr. Greiner requested a roll call.
Board Members present constituting a quorum: Mr. Greiner (Chairman), Dr. Philips,
Mr. Carreras, Mrs. Fischer, Mr. Williams, Dr. Whitman, and Ms. Glavey.
Board Member absent: None
City staff present: Mr. Christopher Brimo (Planning Director) and Mr. Marcus Lightfoot
(Zoning Review Coordinator).
City staff absent: None
City Attorney: Mr. Thomas Pepe.
Mr. Williams joined the meeting at 7:14pm.
III. Public Hearings
1. PB-14-010
Applicant: Anthony DiDonato
Location: 6001 SW 65 Avenue
A Resolution relating to a request for a variance from Section 20-3.5(E) of the
Land Development Code to allow a front setback of 7 feet 6 inches where a
minimum of 25 feet is required, for a one-story addition to a single family
residence located at 6001 SW 65 Avenue, South Miami, Florida, within the RS-3
zoning district.
Mr. Williams read the item into the record.
Mr. Brimo presented the item to the Board.
Page 1 of 4
The Chairperson invited the applicant to the podium to speak.
Name Address
Anthony DiDonato 6001 SW 65 Avenue
Mr. DiDonato presented his item to the Board.
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Support/Oppose
Support
Mr. Greiner asked the applicant if he will be converting the existing garage into living
quarters, of which the applicant stated yes.
Mr. Carreras asked staff if the applicant could build a two-story addition at the front of
the house once the variance was approved. Mr. Brimo stated yes, but the second story
portion of the home would have to be set back so that it complies with the LDC. He
then stated that a second variance would be required if the applicant wanted to build the
second story addition with a front setback of 7' -6".
Ms. Fischer asked the applicant ifhe lived at the property, of which he stated yes. That
being the case, Ms. Fischer then asked the applicant why he didri't have a homestead
exemption of which he responded that he was not a US citizen.
Ms. Fischer asked the applicant if the house was on city sewer or septic tank, of which
he stated that the house was utilizing the city sewer system.
The Chairperson opened the meeting to Public Comments.
None at this time.
The Chairperson closed the meeting to Public Comments.
Mr. Greiner asked the city attorney if the hardship with the property was self created
because the applicant is choosing to build the addition. Mr. Pepe responded that if the
applicant had purchased the property before 1956 and the City changed its regulations,
then that would create a hardship. If the applicant purchased the property knowing what
the setbacks were, then he is taking the property subject to those setbacks. In essence,
~
the hardship was created by the applicant when he purchased the property. He knew
that he couldn't build any closer to the street.
Mr. Greiner asked staff if enclosed garages were typical of the neighborhood, of which
Mr. Brimo stated yes.
Ms. Fischer stated that it is a big stretch to consider this request a hardship. She then
stated that even though it has no bearing on the setbacks, the proposed site plan shows
3 Yz bathrooms, which equates to one bathroom for each of the bedrooms in the house,
and a swimming pool. She then stated that this type of lifestyle does not match the
definition of a hardship. She then stated that hundreds of residents of the city live in
structures that were built in the 1950's that have small bathrooms and small closets.
Based on that, all of the residents should have a situation of hardship.
Ms. Fischer stated that with this addition, the pervious area appears to have been
greatly reduced. She then asked staff what the FAR would be if the commission
Page 2 of 4
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approved the variance. Mr. Brimo stated that with the addition, the impervious area was
increased past the maximum that is allowed for the zoning district. He then stated that it
has already been discussed with the applicant that once the item has been submitted for
permitting, it must comply with the dimensional requirements for the district. The item
before the Board at this time is for the review of the front setback only.
Dr. Philips asked staff if the impervious coverage for the lot could be decreased if some
of the pavers were replaced by pervious paver systems, of which Mr. Brimo stated yes.
Ms. Fischer stated that if the applicant were to build a one car garage instead of the two
car garage that is proposed, the garage could be set back to the existing front wall. Dr.
Philips stated that the variance would still be needed regardless of the size of the garage
were reduced.
Mr. Greiner stated that due to the language that is in the Land Development Code, he is
having difficulty recommending approval for the variance. He stated that while the
proposed addition conforms to the neighborhood and meets design standards, it is not a
hardship created by the Land Development Code. It is a hardship created by the owner.
Dr. Whitman stated that his impression of a hardship was when the owner could not
build on the land. He then stated that if the garage weren't added, then the addition
could be built without the variance. Because of this, he stated that he didn't see a
hardship.
Mr. Carreras stated that the house, as is, does not comply with the current setback
requirements of the district. He then asked staff if any addition would adhere to the
current front setback requirement, or would this variance establish precedence. Mr.
Brimo responded that if the second story was built, it would have to be set back so that
it complied with the regulations. He then added that there is a concern in the
neighborhood that a two story house would be built.
Mr. Williams asked staff if the applicant could build a two story home if the variance
was not approved, of which the Board as a whole stated yes after discussion.
Motion: Mr. Williams motioned to open the floor to public comment. This motion was
seconded by Dr. Whitman.
Vote: Yes 6, No 0
Dr. Philips: Yes
Mr. Carreras: Yes
Mrs. Fischer: Yes
Mr. Greiner: Yes
Dr. Whitman: Yes
Mr. Williams: Yes
Ms. Glavey: Absent
The applicant asked staff if the hardship was based on the land and not on the personal
preference, of which Mr. Brimo stated that it was based on the land.
Page 3 of 4
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When asked about his interpretation of what a hardship is, Mr. Pepe responded that it
was his understanding that a hardship is something that is created by the City, not
something that is preexisting. He then added that in 1956, the front setback was fifteen
(15) feet, and the original owners obtained a variance to reduce the front setback to ten
(10) feet. Sometime later, the front setback requirement was increased to twenty-five
(25) feet. The property is non-conforming, and the applicant wants to make it further
nonconforming. That isn't a hardship. The owner purchased the property knowing, or
should have known what the setback requirements were. Because of this, he doesn't
consider it a hardship. He then added that maybe no one should have built on the lot.
Motion: Ms. Fischer motioned to deny the application. This motion was seconded by
Dr. Whitman.
Vote: Yes 4, No 2
Dr. Philips: Yes
Mr. Carreras: Yes
Mrs. Fischer: Yes
Mr. Greiner: No
Dr. Whitman: Yes
Mr. Williams: No
Ms. Glavey: Absent
IV. Future Meeting Dates: November 11,2014
VIX. Adjournment: Mr. Greiner adjourned the Planning Board meeting at 8:43 PM.
Page 4 of4
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City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 668-7356
Application/or Public Hearing be/ore Planning Board & City Commission
Address of Subject Property: CoOO, SLv' (P,\ A,\Jc~, Lot(s) 2-Block ~ Subdivision MC,~:J.JV
PB :!Ll.-~
Meets & Bounds:
Applicant: AIJ1i
Lj·([y.A,l \): ~A}I::t,((j Phone: 3<y:i{ Slr!l q~4:0
Representative: Organization:
Address: Phone:
Property Owner: A~ovy X) i (i"b NDr"'1o Signature: L/~-)'-",2~.
Mailing Address: Phone: 3<>\ "~ q~W
ArchitecUEngineer: -f\.~K.l 'UC:;S.J-cn0 Phone: --~-
v,, __ ,.
') <f (\
-
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
/ Owner _Owner's Representative _Contract to purchase _Option to purchase -Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
-.!v'ariance
P?FASE CHECK ALL THAT APPLY:
-Text Amendment to LDC Letter of intent
_ Zoning Map Amendment _Special Use 7 Justifications for change
_ PUD Approval _Special Exception !... Statement of hardship
'/)!.IQJ(
_ PUD Major Change _Other (Waiver of Plat) .LProof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections: _ Contract to purchase
~Current survey (1 Original sealed and
signed/1 reduced copy @ 11" x 17")
/15 copies of Site Plan and Floor Plans
24 x 36", 1 reduced copy @ 11" x 17"
-~ Affidavit-Receipts attesting to mail
notices sent
Section: --Subsection: --Page#: __ Amended Date:
_ Mailing labels (3 sets) and map
_ Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
'O":'~~flh' appli",,!', knowl,dg, ,od b,Jj,r. ~~ ~~Z~~> _ ... ____ ........... « __ &BldAly-il~l",~ I I'
Appli ant's S/ftnatllfc and title Print Nume 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 USE ONLY: . .. ,I,.,.--.----J
Date Filed--=flrtf IH-Date of PB Hearing (01'yl {,./ Date of commisSion-4_£~ ..
Petition Requir~d Petition Accepted ___ _
Method of Pal'men.!:,= =~===== =======
COMMISSION REVIEW REQUIRED
Z:\Forms\Current Planning Department Forms\Plmming Department Forms\Planning Board\PB -Variance Procedures -Revised 5-3 ..
2012,doc
letter of intent
Di Donato Residence
6001 SW 65 Ave, South Miami FL 33134
Request for Variance
The purpose of this proposal is to improve the house located at 6001 SW 65th Ave. It is currently a
3bdrm home of 2,135 Sq. Ft with a 1 car garage constructed in 1956. Below is the current photo of the
home that I have currently resided for the last 5 years.
The proposed additions to the house will include a 2 car garage located on the north end of the
property, adjoined to that will be a new laundry area. The open space in the below photo is where the
new garage is to be built. This will remain a one story home
At the rear of the house a new master bedroom, bathroom and walk in closet will be constructed.
Since this will be an additional structure to the house, a new roof will be constructed and all existing
roof tile across the house will be replaced. We feel these additions are necessary for today's modern
home, will improve the look of our beloved neighborhood with minimal impact to our neighbors.
Justification for hardship
Di Donato Residence
6001 SW 65 Ave, South Miami Fl33134
Request for Variance
This application for a variance and determination for a hardship is due to the irregular shape of the
14,656 sq ft. lot located at 6001 SW 65 Ave. The house is situated on a piano shaped lot on an angle
making it difficult for any expansion on the north end of the property. Considering this is a large lot that
I pay full property taxes on, I feel that my use ofthe land is very limited.
Since this is an older house constructed in 1956 the amenities are not up to today's standards; such as
the small closets, bathrooms, no laundry area and small garage space. Our new plans opt for a 2 car
garage which many ofthe houses in the area enjoy; as a growing family with multiple vehicles, it is very
difficult to store items and keep our vehicles safe. We cannot expand the existing garage as it is located
next to an existing pool. Our proposal requests that the new garage be situated 7.6' from the property
line as we have no other option for this expansion. This is currently an open space with no specimen
tress and will not impact the surrounding nature.
With much consideration and a great deal of thought, we feel this proposal will benefit us without
impacting our neighbors or the community or environment. I kindly ask the commission grant a variance
to allow my family to enjoy what many other new homes do.
W/C MJ.D. SERVICES, INC. fOI":'--
Moraitis, Cofar, Karney & MOI'aitis
915 Middle River Drive, Suite 506
f;.ru:t Lauderdale, FL 33304 ~U l),f\:::rto cq.(2-elt4 (116\
THIS INSTRUMENT PREPARED BY:
GEORGE R. MORAITIS, JR., Esquire
MORAITIS, COFAR, KARNEY & MORAITIS
915 Middle River Dr., Suite 506
Fort Lauderdale, FL 33304
OUf File No. 09R-564M2
QUIT CL.AIM DEED
1111111111 nm 11111111111111111111111
CFN 2012R0534651
DR Bk 28208 P~I 1253 -1254; (2P9S)
RECORDED 07/30/2012 15:45:12
DEED DOC TAX 1,014.00
HARVEY RUVIH. CLERK OF COURT
t1I Ai'll ·,DADE COUNTY 9 fUJRlOA
THIS QUIT-CLAIM DEED, executed this 22nd day of June, 2012, by NICOLA DI DONATO, a
married man, whose post office address is 6 Hunthill Crescent, Toronto, Ontario M9A 4A2 Canada., and
JUSTIN DI DONATO, a single mal,lwhose post office address iS3 Hunthill Crescent, Toronto, Ontario M9A
4A2 Canada, grantor, to ANTHONY DR DONATO, a single man, whose post office address is 6001S.W.
65th Avenue, South Miami, FL 33143, grantee.
(Wherever used herein the terms "first party" and "second party" shall include singular and
plural, heirs, legal representatives, and assigns of individuals, and the successors and
assigns of corporations, wherever the context so admits or requires.)
WITNESSETH, That the said first party, for and in consideration of the sum of ONE HUNDRED
SIXTY NINE THOUSAND DOLLARS ($169,000), the receipt whereof is hereby acknowledged, does hereby
remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand
which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and
being in the County of Miami-Dade, State of Florida, to wit
Lot 5, Block 2, MERION PARK, according to the Plat thereof, recorded in Plat Book 57,
Page 54, of the Public Records of Miami-Dade County, Florida.
Folio No, 09-40250400'180
Subject to restrictions, reservations and easements of records, if any, which are not
reimposed hereby, and taxes subsequent to December 31,2011.
This Quit Claim Deed has been prepared without the benefit of examining the title to the
subject property.
Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's
homestead within the meaning set forth in the constitution of the state of Florida, nor is it
contiguous to or a part of homestead property.
NICOLA 01 DONATO's residence and homestead address is: 6 Hunthill Crescent, Toronto,
Ontario M9A 4A2 Canada.
OR BK 28208 PG 1254
LAST PAGE
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,
title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity,
to the only proper use, benefit and behalf of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and sealed these
presents the day and year first above written.
Signed, sealed and delivered in presence of:
As to Both
COUNTRY OF CANADA
PROVINCE OF ONTARIO
CITY OF TORONTO
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take
acknowledgments, personally appeared NICOLA 01 DONATO and JUSTIN 01 DONATO who
are personally known to me Of ".'1=19 l:Ia~ ~ \M-~ r".l.
as identification and who did take an oath, and who executed the foregoing instru and they
acknowledged before me that he executed the same, ,///,."PP#'--J.
WITNESS my hand and official seal in the Count~ and Sa as! aforesaid this . ~ day
of June. 2012. ~
My Commission Expires: N/ A
F:ITKlQCO.OIDONATO.lrm
FLAVJO 'BATTISTON'
BARRfSTr;R~jSOUCfTOR
1013 WILSON A VENUE, SUITE 202
TORONTO, ONTARIO M3K 101
Affidavit of Anthony Di Donato
Name: Anthony Di Donato
Residence: 6001 SW 65 Ave South Miami FL 33134
I, Anthony DI Donato, swear or affirm:
1. That I am the Owner of the residence at 6001 SW 65 Ave located in South Miami Florida.
2. That on September 1, 2014, I used the property appraiser's website
http://www.miamidade.gov/propertysearch/ff/ to pull a map and all addresses within a 500 ft. radius of
the above mentioned property.
3. All labels have been verified, checked and printed by myself.
Further affiant saith not.
I SWEAR OR AFFIRM THAT THE ABOVE AND FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT TO
THE BEST OF MY INFORMATION, KNOWLEDGE, AND BELIEF.
STATE OF FLORIDA
COUNTY OF DADE
I, the undersigned Notary Public, do hereby affirm that Anthony Di Donato personally appeared before
me on the ~ __ day of~~f-2014, and signed the above Affidavit as his free and voluntary act
CYc\--ck,o.,.:1 ~-and deed. -"-\
letter of Intent
October 1st, 2014
The intent of Anthony Di Donato residing at 6001 SW 65th Ave. for the last 5 years is to renovate the
house and add a new 2 car garage and master bedroom.
The original property, built in 1956 predates the current zoning requirements and does not comply with
the current setback requirements. Since the house was built prior to the current zoning codes and is
situated on an odd shaped lot, it has created a hardship condition for the property. A variance of7 feet
6 inches is requested in order to construct the above mentioned. A variance application has been filed
and will go before the Planning Board on October 14. We thank you for your consideration and look
forward to enjoying many more years in beautiful South Miami.
Sincerely
Anthony Di Donato
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6500 SW 60 Street
South Miami, FL 33143-2005
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~:.~'!.~.~~ South Miami FL 33143-2056 Clly.Stiltu ,
· . ~A8"on, the' 1I.'pp'l,l,~~tlOnot Mrs. I. Weinman. 1'e :ve,~i..QilOEl .,
... '~\'1
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plot p:lIUl B1:!-ooJ;1ttocl on ltl01 lh 1956,.. show~ng a l, ft. set-i:lack t':t'om , 'I
both a1do und real' Pl'OPOl'ty 1in€J3~ ahd a: 1, ft. Dot-back frblll l.'ront ;-.. '.
Pl'O·f.i"6l'ty l:tn,a ,at Gome pointa, be topPl"ovod w based: em the I1pproval
01:! ·a&5oJ,rd:tf~:Ptr,O;P8.X'ty owner9inl:o~gage company end VA. ~d
WHE!1EAS; •. on. the appUcation o~ Cl1.1'!'<;rrd, .,Pal·kar, .:requ,eat (or
vu!~~~ P·li.Oln :~et~baok'11n68 a.t NE com,!II:~ or SW g9Pl~(le ~d. 6B St~.
leg~l;l'Y' d~:iJ'o~~bed all Lofjs i6, rf~1.6~c.k {Tb~8ITE6F ~a~ pa -. . ' , ' "
2/10,. the A4v.h~l"1 Zord,ng Boa~d rS1:lolll.l1lendad that th& plan!! as
lIubl)'Li·t;t~d t!511b. 6et~baqk on st>j 58 St. a~d 20 ft. I.lst .. baok o~ ~
S9. PI,aoe) b.61i'(pproved .. !¥ld tha.t the !).rea to the eMt ot-the, p:V,e~
;. -B~d1ng .. pn ,pr~p~,X'.ty' .. ()~ll~{!5!}J1[ H~"'. :Parker be lnc.J.u~tedii;t ~G
.' ~ . " ,_ ~""", '<' ", -':i:""'''_~'':'''.'_ "~Y~Y' •. ~."':t:,~~"::.. ""'
overall pla.n ,f:c!l" th~ b'u.ildlng us an oi.':f"stl"oet paved .und dr~ned.
pl;U'k1ng &,1'.611. with the .t'u:t'thei' r6commend.atj,on th,at tWi 20' ft.. set... f'
bacK on the weat of thiI:J propa:!'tj on SW >cjPl"o,a be plltre4 ~d alsc)'
used 8.19 Q parking aX'e at and
WHEREAS. th@ Planning BoaX'd concUrs in the r>ecolllIOOndati'on in
the matter of Clifford P!ll'keI'~. as Elbo"El atflted~ lind
WHEREA~s tb& Oity Oouncil hat:! duly oonsidered these recC!Ill!l1en.-
datio1l5. iUid by" 'motion duly made ,·e,t;Jcond.ad a.:nd carried on Ma,Y:li5.
19~~/ .~~PP.r..~;:ti.fJ,~~ {them. . f;
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~rhB t ,t1;l0 l:'eOO1l1ll16nd~1.t;lon" o.f th'e' Advleol'Y Zoning 8,O,a:l'q" ~t&d
Ma;·~4.~:' 1~56 118'86t 1'o'rth here;1:nab(/Ve ~ b0~. anr;l the 5s.rn6 (;i.ti6f he::re by
Q.c~e'Pted andtih~, vCU'iancc:HI aSX'.f:Tqu(Js1;ed be grn:nted.
PASSED ANIl ADOPTED this 12 d:&,y oJ: Juns. A.D. 19560
MIAMI HERALD MiamiHerald.com
NEIGHBORS CALENDAR
~'m __ ~ __ •••• _ ••• ~ .. --.,---~ .... ,-,~---------------
• CALENDAR, FROM 26SE
Social Club. TI919 SW 56th St .. Ken-
dall. Adults $10. 6-20 years of age $5.
children under 6 free, active military
in uniform free. 305-553-8587.
Old Time Dance: Kick up your heels
like it's 1891. Dance contras, circles,
squares and waltzes to traditional
American music. Picnics welcome;
no pets.
6:30 p.m. Oct. 26. The Barnacle
Historic State Park, 3485 Main Hwy.,
Coconut Grove. $10. free for kids 9
and under. 305-442-6866.
www.TheBarnacle.org.
Powerumba Halloween Party: We
would like to invite you to celebrate
such a spooky night.. Powerumba
style!
Special Performances by: Bliss
Band, Powerumba Crew.
Costume Competition: Winner
gets one free month of unlimited
ctasses!
Get one free drink with admission.
9:30 p.m. Oct. 31. Powerumba
Fitness, 16TI7 Biscayne Blvd., North
Miami.
Reformation Day Faire: Travel back
in time as the Fellowship Hall is
transformed into Wittenberg Germa-
ny, 1517. Experience town life as it
was then: the food, shops, music,
and people.
12 p.m. Nov. 2. Kendall Pres-
byterian Church, 8485 SW TIlth St ..
Kendall. Free. 305-271-5262.
www.kendallpres.org.
Saint Jude's Festival & Feast Day:
October 25th to October 28th, 2014
Saturday -12 noon to 1 am; Sunday
-12 noon to TI pm; Monday -12 noon
to 10 pm; Tuesday -12 noon to 10 pm.
12 p.m. Oct. 26. St. Jude Melkite
Catholic Church, 126 SE 15th Rd ..
Coral Way. Free Admission Clive
entertainment cover charge of
$10/person only on Saturday from 6
pm to Midnight). 305-856-1500.
Taking Back Our Community
through Restorative Justice Practic-
es-YES WE CAN!: This training is Part
1 of 3 sessions. Part 1, Introduction of
the Restorative Justice (RJ) Model
demonstrating how we can take
back our community.
2 p.m. Oct. 28. Center for Family
and Child Enrichment, 1825 NW 167th
St., Parkview.
Temple Judea Children's Activities:
Join CGM for a PJ Library Event at
Books & Books at 10:30, followed by
a special, 1pm kids tour of our
Temple Judea Exhibit.
1 p.m. Oct. 26. Coral Gables Mu-
seum, 285 Aragon Ave., Coral Gables.
Free with museum admission of
$7-5.305-910-3996.
The Fantastic Party 2014 Halloween
Bash!:
4 p.m. Oct. 30. Fantastic Party
Palace, 14401 NE 20th Ln., Central
North Miami.
The Rocky Horror Picture Show: A
loving couple, a few lost monsters
and a sweet transvestite from
transsexual Transylvania sing and
dance through a campy, sloppy
salute to horror movies and sexual
liberation. Bring your sense of
humor. And wear your fishnets.
TI:30 p.m. Oct. 31. Actors' Play-
house at the Miracle Theatre, 280
Miracle Mile, Coral Gables. Free.
305-444-9293.
www.actorsplayhouse.org/.
Trivia Tuesdays at Elwoods: Held
every second, fourth and fifth
Tuesday. Includes prizes.
8 p.m. Oct. 28. Elwoods Gastro
Pub, 188 NE Third Ave .. Downtown
Miami. Free.
Waterway Canoe Tour: RSVP in
advance and enjoy a guided exhibit
tour followed by MDC EcoAd-
ventures and CGM-staff lead canoe
tour of Coral Gables waterways.
9 a.m. Oct. 26. Coral Gables
Museum, 285 Aragon Ave., Coral
Gables. $40 must rsvp.
305-910-3996.
coralgablesmuseum.org.
WaysideJs Western Fiesta: On
Friday, October 31st Wayside Baptist
Church will host its annual Halloween
alternative event--the Western
Fiesta! Activities will be held indoors
and outdoors.
5:30 p.m. Oct. 31. Wayside Baptist
Church, 7701 SW 98th St., Kendall.
Free. 305-595-6550.
Wine and Conversation with Master
• TURN TO CALENDAR, 42SE
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
Thursday, November 6, 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130
Sunset Drive, to consider the following item(s):
A Resolution relating to a request for a variance from Section 20-3.5(E) of the Land)
Development Code to allow a front setback of 7 feet 6 inches where a minimum of
25 feet is required, for a one-story addition to a single family residence located at 6001
SW 65 Avenue, South Miami, Florida, within the RS-3 zoning district.
An Ordinance amending Chapter 2, Article I, Sec. 2-2.1 (K), titled "Decorum" of the City
of South Miami's Code of Ordinances.
An Ordinance amending 20-6.I(A)(3)(a) (i), (ii) and (iii) of the land development code to
reduce the number of votes required to pass, on first reading, ordinances and resolutions
that require two readings.
NOTICE IS ALSO HEREBY given that the first regular meeting date for November has been
officially moved from Tuesday, Novembcr 4, to Thursday Novcmber 6 2014.
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
Pur:-;uant to Florida Statutes 186.0105, the City hereby advises the public that if a person decides to appeal any decision
made by this Board, Agency 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.
An Open Letter to the Citizens of Cutler Bay
from Steve Zarzecki, a citizen of Cutler Bay
Friends and Neighbors,
We are indeed blessed to live in
a country where we are free to
form our own personal opinions
-and to freely express them
under protection of the First
Amendment of the Constitution.
I have been asked many times
during this election cycle who
I am going to vote for and why.
I have refrained from making
a decision until after the
Cutler Bay Candidate Forums.
Unfortunately, only one
mayoral candidate was willing
to participate in the forums.
Art Nanni attended the forums,
answered questions from the
voters, stated his vision for the
Town, discussed concerns and
issues, and outlined his solutions
for those concerns. Mr. Nanni
expressed disappointment
that he was unable to openly
debate his no-show opponent,
Peggy Bell, regarding her
record. It seems she did not
want to talk about her record.
And I understand that -it is a
dismal litany of sponsoring and
voting for resident-unfriendly
ordinances.
Mr. Nanni's opponent has
instead chosen to run a campaign
isolated from the voters, She is
using ads and brochures with
the same old political one-liners
and sound bites -no substance
and no solutions,
Mr. Nanni has a long history
of public service here in Cutler
Bay, has reached out to and
engaged the residents, and has
demonstrated his willingness
to listen to and represent all the
citizens of Cutler Bay.
From what I have seen, this is
not the case with his opponent.
She is intolerant of anyone
who does not agree with
her, and only listens to those
who say what she wants to
hear. She attacks those who
disagree with her. As I see
it, if elected, she will govern
as an oligarchic "ruler"
favoring those who support
her (including a lobbyist
who serves as her campaign
"consultant") rather than serve
as an elected representative for
all the citizens of Cutler Bay.
I prefer a representative of and
for all the citizens.
I will vote for Art Nanni for
Mayor of Cutler Bay,
In the race for Council Seat
One, Ed Wolmers has a long
history of civic involvement
and service to our community.
His opponent, the incumbent,
does not, is a "no-show", and
is a "me-too" on the CounciL
For 4 years Seat One has been
effectively an empty chair,
depriving the citizens of a fifth
independent, communicative,
and intelligent councilmember.
It's time to change that.
I will vote for Ed Wolmers for
Council Seat One.
Steve Zarzecki
Cutler Bay
pd. pol. adv. paid/or solely by Steve Zarzecl..i, 9640 Martinique Dri\-'e, Cutler Bay, 33189, Florida as an independent
expenditure. This ad not approved by any candidate.
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 flk/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 -NOVEMBER 6, 2014
in the XXXX Court,
was published in said newspaper in the issues of
10/24/2014
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 id nor promised any person, firm or corporation
count, r ate-;-or refund for the purpose
of securi is advertisem nt for p blication in the said
newspap~ __________ ~----+-______ _
(SEAL)
MARIA MESA personally known to me
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 flk/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
NOTICE OF PUBLIC HEARING 11/6/2014
in the XXXX Court,
was published in said newspaper in the issues of
10/24/2014
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 ro ' erson, firm or corporation
any disco , ate ml or refu for the purpose
of s ring this a ertisement for blicati n in the said
wspaper.
(SEAL)
MARIA MESA personally known to me
1150 E. ATLANllC BLVD.
POMP ANO BEACH
FLORIDA 33060
--.-~.-.-.--
ACCURATE LAND SURVEYORS, INC.
L.B. #3635 I SHEET 1 OF 2 I.
1EL. (954) 782-1441
FAX. (954) 782-1442
TYPE OF SURVEY: BOUNDARY JOB NUMBER: SU-14-0444
LEGAL DESCRIPTION:
LOT 5, BLOCK 2 OF MERION PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57,
PAGE 54 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. •
ADDRESS: 6001 SW 65TH AVENUE SOUTH MIAMI, FL33143.
FLOOD ZONE:
BASE FLOOD ELEVATION:
CONTROL PANEL NUMBER:
EFFECTIVE:
X
N/A
120658-0458-L
REVISED: 9/11/2009
LOWEST FLOOR ELEVATION: SEE SURVEY
GARAGE FLOOR ELEVATION: SEE SURVEY
LOWEST ADJACENT GRADE: SEE SURVEY
HIGHEST ADJACENT GRADE: SEE SURVEY
REFERENCE BENCH MARK: DCBM#P-4001-R ELEV:15.41'NGVD .
CERTIFY TO:
1. ANTHONY DI DONATO.
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1. UNLESS OTHERWISE NOTED FIELD MEASUREMENTS ARE IN AGREEMENT WITH RECORD MEASUREMENTS.
2. BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF sOO'OO'35'E, ALONG THE CENTRLINE OF RIGHT OF
WAY OF SW 65th AVENUE. PLAT BOOK 57, PAGE 54. DADE COUNTY PUBLIC RECORDS.
3. THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP. RIGHTS-OF-WAY, EASEMENTS. OR
OTHER MATIERS OF RECORDS BY ACCURATE LAND SURVEYORS. INC.
4. OWNERSHIP OF FENCES AND WALLS IF ANY NOT DETEMINED.
5. THIS DRAWING IS THE PROPERTY OF ACCURATE LAND SURVEYORS, INC. AND SHALL NOT BE USED FOR
REPRODUCTION IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION.
This is to certify that I have recently surveyed the property described in the foregoing title caption
and have set or found monuments as indicated on this sketch and that said above ground survey
and sketch are accurate and correct to the best of my knowledge and belief. I further certify that
this survey meets Minimum Technical Standards under Rule 5J-17 adopted by the Florida Board
of Land Surveyors, January 11 th, 2010.
6. THIS SURVEY CONSISTS OF A MAP AND TEXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER.
7. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON. TO BE VALID ONE YEAR FROM THE
DATE OF SURVEY AS SHOWN.
DA 1£ OF SURVEY
02/19/14
REVISIONS
DRAWN BY
SP
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CHECKED BY
JMS
BY
FIELD BOOK
/?r$~ 3-/0-/4-
ROBERT L. THOMPSON (PRESIDENT)
PROFESSIONAL SURVEYOR AND MAPPER NO.3869 -STAl£ OF fLORIDA
14-0444 SCALE 1"=20'
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\ a Florida Licensed
Surveyor
and Mappec
~~SU-14-0444
i Donato Resi ence
6001 S Ave, South iami FL 33134
Request for Variance
ACCURATE LAND SURVEYORS, INC.
1150 E. A1l.ANnC BLVD.
POMPANO BEACH, FLORIDA JJ06D
L.B. /13635
SHEET 2 OF 2
tEL {954} 782-1441
FAX. (954) 782-1442
P.C.
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1. UNlESS OTHERWISE NOTED FIElD MEASUREMENTS ARE IN AGREEMENTWITH RECOOO MEASUREMENTS.
2. BEARINGS SHOWN HEREON ARE BASED ON A BEARING OF SOO"OII'35"E,ALOHG THE CENTRUNE OF RIGHT OF
WAY OF SW 65U1 AVENUE, PlAT BOOK 57, PAGE 54. DADE COUIflY PUBLIC RECOROS.
3, THE lANDS SHOWN HEREON WERE NOT ABSTRACTED FOR OWNERSHIP, RIGHJS..OF-WAY, EASEMENTS, OR
OTHER MATTERS OF RECORDSIlY ACCURAlE lAND SURVEYORS,INC.
4. OWNERSHIP OF FENCES AND WAllS IF ANY NOTDETEMtNEO.
5. THIS DRAWING IS THE PROPERlY OF ACCURAlE lAND SURVEYORS. INC. AND SHALL NOT BE USED FOR
REPROOUCTlON IN WHOLE OR IN PART WITHOI1T WRITTEN AUTHORlZAllON.
This is to certify that I have recently surveyed the property described In the foregoing title capUon
and have set or found monuments as indicated on this sketch and that said above ground survey
and sketch are acrurate and correct to the best of my knowledge and beUef. I further certify that
this sulVey meets Minimum Technical Standards unclei' Rule 5J-17 adopted by the Ronda Board
of Land Surveyors, January 11th. 2010.
6. THIS SURVEY CONSISTS OF A MAP AND TEXT REPORT. ONE IS NOTVAUD WITHOUT THE OTHER
7. THIS SURVEY IS MADE FOR THE EXClUSIVE USE OF THE CERTIFIED HEREON. TO BE VAUO ONE YEAR FROM THE
DAlE OF SURVEY AS SKOWN.
REVISIONS DATE BY
DRAWN BY ! CHECKED BY flUD BOOK
SP .INS
~r~~ 3-/0-/4-
ROBERT l. THOMPSON (PRESIDENT)
PROfESSIONAl. SURVEYOR AND MAPP€R No.3869 -STATE OF flORIDA
14-0444 ALE "'=20' I :=SU-14-0444
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