5712 SW 77 TERR_PB-78-13 ZONING CHECK LIST
Application for Public Hearing (Planning Board)
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Survey of (Map) Location (sketch or plan)
U Drawing (300 foot radius)
$75 . 0 fee paid
Mail Notice of Hearing to list of property owners
® Post Property
Advertise legal Notice
Ftl Proof of Publication received
U Inspect site personally
U Notify Applicant of Hearing
Power of Attorney or sworn Affidavit from owner
Zoning Petition bearing signatures of 20% of the owners of
property within 300 foot radius of subject property received
U Statement of Reasons received
Remove posted sign an property
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CitU of South Miami
6130 Sunset Drive, South Miami, Florida 33143
K. Meister
PUBLIC HEARING NOTICE Caixa-Pootal---:-5:4:0 �
Rio De Janeiro, Brazil
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• "City of Pleasant.Living"
CITY OF SOUTH MIAMI
PLANNING BOARD
NOTICE OF PUBLIC HEARING
HEARING: #78-13
DATE: June 27, 1978
TIME: 7: 30 P. M.
APPLICANT: Edward J. Stys
Request: Variance for a driveway of 13 06" width (actual clearance 151 )
where a 22 ' width is required.
Legal Description: Lot 1, Block 4, FAIRGLADE PARK SUBDIVISION, PB 45/80.
Location: 5712 S . W. 77 Terrace .
PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL. MAY BE
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES -i HL
RIGHT TO RECOMMEND TO THE CITY COUNCIL WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST OR Tf
AREA INVOLVED. THE BOARDIS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY CO..'NC
AT A
FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF THE
ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
RONALD K. SMITH, CHAIRMAN
PLANNING BOARD
THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW
P S B
100-7
ORGANIZATION OF THE
PLANNING BOARD_- ° --
UNDER THE CODE OF ORDINANCES OF THE CITY, THE PLANNING BOARD ACTS ONLY AS A RECOM-
MENDING OR ADVISORY BODY TO THE CITY COUNCIL. THE ACTIONS OF THE BOARD ARE SUBJECT
TO THE FINAL APPROVAL OF THE CITY COUNCIL. ALL MEETINGS OF THE BOARD ARE OPEN TO THE
PUBLIC AND FOUR MEMBERS PRESENT CONSTITUTES A QUORUM. THE BOARD IS REQUIRED TO TAKE
MINUTES OF ITS PROCEEDINGS AND THE VOTE OF EACH MEMBER IS RECORDED.
THE PUBLIC HEARING BEFORE THE PLANNING BOARD IS A COURTESY PUBLIC HEARING FOR WHICH
NO NOTIFICATION OR LEGAL ADVERTISEMENT IS REQUIRED. AS A MATTER OF CITY POLICY,
NOTICES ARE MAILED TO AFFECTED PROPERTY OWNERS WITHIN A 500 FOOT RADIUS OF THE PROP-
ERTY UNDER CONSIDERATION AT THE PLANNING BOARD HEARING.
COURTESY SIGNS ARE POSTED ON THE PROPERTY UNDER CONSIDERATION FOR A 15 DAY PERIOD PRIOR
TO THE ADVERTISED PUBLIC HEARING.BEFORE THE CITY COUNCIL AND THE COURTESY PUBLIC HEAR-
ING BEFORE THE PLANNING BOARD. -
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44 TIME:
Request: Variance for a driveway of 13,
96"' width (actual clearance 151 )
where a 221�ti/7• `i�fA'
}Al. width is requi — • nf.
Legal Description: Lot
1, Block 4,/FZAIRGLADE PARK SUBDIVISION, PB 45/80. . .....
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ORDINANCE NO. 26-78-1004
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, GRANTING A VARIANCE TO EDWARD
J. STYS TO PERMIT THE CONSTRUCTION OF
A DRIVEWAY, 13 FEET 6 INCHES,WIDE INSTEAD
OF THE. REQUIRED WIDTH OF 22 FEET AS TO
CERTAIN DESCRIBED PROPERTY LOCATED AT
5712 SOUTHWEST 77TH TERRACE, SOUTH MIAMI,
FLORIDA.
WHEREAS, the Planning Advisory Board of the City
of South Miami, Florida, has recommended the approval of
the variance hereinafter granted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That .Edward J. Stys be, and he is
hereby granted a variance to permit the construction of a
driveway, 13 feet 6 inches wide,instead of the required width
of 22 feet on the property located at 5712 Southwest 77th
Terrace, South Miami, Florida, and more particularly described
as:
Lot 1, Block 4 , FAIRGLADE PARK SUBDIVISION,
according to the Plat thereof as recorded
in Plat Book 45, Page 80, of the Public
Records of Dade County, Florida.
PASSED and ADOPTED this 15 day of August , 1978 .
APPROVED:
Mayor
Attest:
City Clerk
Passed on First Reading: 8/1/78
Passed on Second Reading: 8/15/78
A., -
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WINE=-
h Miami
6130 Sunset Drive, South Miami, Florida 33143 667-5691
June 16, 1978
Mr. Robert D. Korner
.Attorney at Law
4790 Tamiami Trail ( S . W. 8th Street)
Coral Gablest Florida 33134
Re: Your letter dated June 15, 1978 re 5712 S. W. , 77 Terrace
Dear Mr. Korner:
Please be advised that this office can verify items 1, 2 and 5 of
the above but can only make a conditional agreement as it relates
to items 3 and 4 based upon the fact that this office has only
.given preliminary review of a proposed development sketch of this
property as presented by Mr. Edward Stys.'
If I can be of further assistance please let me know.
Yours very truly,
G)fJ --%_AA„�-1�
W. E. Godwin
Director, -Building, Zoning &
Community Development Dept,.
WEG: jk
"City of Pleasant Living"
l G
p ROBERT D. KORNER 4790 'TAMIAMI TRAIL (S. W. BT" STREETI
r A. A. THELEN CORAL GABLES, FLORIOA 33134
WILLIAM M. WITTMAN
TELEPHONE 13051 446-3567
June 15 , 1978
Mr. William Godwin
Director Building
and . Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
�� I
Re: 5712 S.W. 77 Terrace a Edward Stys ��, / L) 3 11 Y
.=___==_===O. F. #1073°2065-78======_=-
Dear Mr. Godwin:
Please verify the following by signing a copy of this letter
and returning it to this office.
1< The above--subject property is zoned "RO" Residential Office
District.
2e The existing single family residence located upon the property
can be converted into office use subject to it being brought
into conformity with all code requirements . .
3 . The only zoning code requirement which the premises cannot
comply with and which must therefore: be waived by variance
is the 22 ' wide driveway width to the parking area to be
established in the rear of the existing structure . The max-
imum driveway width which can be provided is 13 ' -6" and a
variance is being processed to allow that width rather than
the required 22 ' width.
4 . Upon approval. of the variance mentioned in number three above
the subject premises will then qualify for conversion to office
use and upon completion of the conversion the use will be per- ,
mitted.
Mr. Godwin
Page Two
June 15 , 1978
5 . The Planning Board will hear the applicant' s request for variance
on June 27 , 1978 , at 7 : 30 P. M. , or as soon thereafter as the
Board can call up the matter.
Your prompt attention to this matter is appreciated.
Very truly yours,
ROBERT D. ICORNER
ROBERT D. KORNER
RDK:dls
Enclosure
CC : Mr. Stys
I have read the foregoing and approve of the statements
contained therein..
CITY OF SOUTH MIAMI
By-
WILLIAM GODWIN
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THE CITY OF
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6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143
PUBLIC SERVICE
DEPARTMENT
Z O N I N G P E T I T I O N
Property Description, Location and Legal :
'5712 S.W. 77th. Terrace, South.Miami, Florida.
36-54-40, FAXRGLADE :PARK, Plat Book 45, Page 80 The west 70 feet of
the East 150.30 feet of Lot l of Block .4, consisting- .23 . acres, more or
less, measuring 70 feet by 144 feet. ,Y.,
Request : The Owners of the above property have made the following request :
Request a- variance for a driveway of 131611 width (actual clearance 151)
where a 22' width is .required.
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request .
NAME DATE ADDRESS
_ - _ _ 7 0 - S' lam 777
_ - _ - - - - -
�;ele 6- 7 - - - - - - - - - - - - - -
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PW50-37 (continued on page 2) page 1 -
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CITY OF SOUTH MIAMI
PLAN NLNG.,BOA RD
NOTICE OF PUBLIC HEARING
HEARING: 18-13
DATE: June '27, 1978
TIME: 7: 30 P. M.
APPLICANT: Edward J. S ys
Request: Variance for a driveway of 13 °61' width (actual clearance l5 ° )
where a 220 width is required.
Legal Description: Lot 1, Block 4, FAIRGLADE PARK SUBDIVISION, PB 45/80.
Location: 5712 S . W. 77 Terrace.
PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE? SO!.ITH
MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE
IN PERSON AT THE HEARING OR FILED 1N WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES
RIGHT TO RECOMMEND TO THE CITY COUNCIL WHATEVER THE BOARf) CONSIDERS IN THE BEST INTEREST "OR TF
AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY CO..7P!C!i_ AT
FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF THE
ZONING DIRE-CTOR.BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
RONALD K. SMITH, CHAIRMAN
PLANNING BOARD
THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW
PSBI00-7
RFV_ S—r-7n -
ORGANIZATION OF THE
- - - - - - _ - - PLANNING BOARD
UNDER THE CODE OF ORDINANCES OF THE CITY, THE PLANNING BOARD ACTS ONLY AS A RECOM-
MENDING OR ADVISORY BODY TO THE CITY COUNCIL. THE ACTIONS OF THE BOARD ARE SUBJECT
TO THE FINAL APPROVAL OF THE CITY COUNCIL. ALL MEETINGS OF THE BOARD ARE OPEN TO THE
PUBLIC AND FOUR MEMBERS PRESENT CONSTITUTES A QUORUM. THE BOARD IS REQUIRED TO TAKE
MINUTES OF ITS PROCEEDINGS AND THE VOTE OF EACH MEMBER IS RECORDED.
THE PUBLIC HEARING BEFORE THE PLANNING BOARD IS A COURTESY PUBLIC HEARING FOR WHICH
NO NOTIFICATION OR LEGAL ADVERTISEMENT IS REQUIRED. AS A MATTER OF CITY POLICYI
NOTICES ARE MAILED TO AFFECTED PROPERTY OWNERS WITHIN A 500 FOOT RADIUS OF THE PROP-
ERTY UNDER CONSIDERATION AT THE PLANNING BOARD HEARING.
COURTESY SIGNS ARE POSTED ON THE PROPERTY UNDER CONSIDERATION FOR A IS DAY PERIOD PRIOR
TO THE ADVERTISE-D PUBLIC HEARING BEFORE THE CITY COUNCIL AND THE COURTESY PUBLIC HEAR-
ING BEFORE THE PLANNING BOARD. -
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APPLICANT: EDWARD J. STYS
OWNER: SAME
MAP REFERENCE : OFFICIAL ATLAS PAGE II Compass
COMI�NTS : VARIANCE FOR A DRIVEWAY FO 13'61' WIDTH (ACTUAL Scale . .I;', -,100,,
CLEARANCE 151) WHERE A 22' WIDTH IS REQUIRED. Date .6-g-7$ . . . .
Drn .VMQ .Chk .WWG.
CITY MOM MIAMI ^a PLANNING 50A RD Hearin No. . .78-I3
' 3". $ "`?• w 13 PUBLIC HEARING
PLANNING AREA OF NOTIFICATION REPORT I FT
3001 RADIUS TOTAL IN AREA
A:
� PERCENTAGE OF
NAME OF APPLICANT SIGNATURES OBTAINED
TAX FOLIO E ADDRESS
PiWEML-LDN,Mik bUgA FL $31
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June 20 , 1978
Ronald K. Smith, Chairman
City of South Miami
6500 Sunset Drive
South Miami , Florida
Re : Variance Hearing - 78-13 Location: 5712 S.W. 77 Terrace
June 27 , 1978
Dear Chairman. Smith :
I request your favorable consideration of my application for
a variance permit, to permit a drive-way A ' 6" in width on
the easterly side of my building, where a 22 ' width. is required.
This request is necessary because I wish to convert an
existing single family residence into an office use . The office
use is compatible with the neighborhood as the property is zoned
R-0 permitting this use . The existing structure is located
approximately 15 ' from the lot line and it makes it impossible
for a 22 foot wide drive-way to be placed between the lot line
and the building. The width of pavement for 77th Terrace ,
serving this property, is 14 ' 8" in width and it appears that this
width is adequate under normal circumstances for vehicular traffic.
The one way drive-way will not cause a nazard or problem in the
area inasmuch as the parking for this use will number not more
than nine parking spaces in the rear yard and the proposed use is
of a scale-down nature , not requiring any extensive traffic
in and out of the parking lot.
As owner of this property since December of 1957 , I have been
required to pay taxes based upon the office use possibility
of the property and further the sewer assessment was computed
based upon the commercial or apartment use rather than upon a .
single family use. It ,appears that now when I wish to use it for
the zoned use that it was intended for, that this approval is
proper, as my use will be compatible with the neighborhood .
I wish also to point out that my proposed use and this request
is receiving a favorable reaction by the residential neighbors .
Your favorable consideration of this request will be deeply
appreciated.
Very truly yours ,
X
EDWARD J . STY
PIANNING ADVISORY BOARD
HEARING:
DATE• G ''
NAM ADDRESS
e .
P S B 100-22
June 15 , 1978
City of South .Miami
6130 Sunset Drive
South Miami , Florida 33143
Planning and Zoning Board
Dear Board Members :
Please be advised that I have no objection to the approval
of the variance being requested by Mr. Ed Stys for a variance
permitting a drive-way of 1316" in width instead of the 22 '
width required at 5712 S .W. 77 Terrace , South Miami , Florida.
His request appears to be very minor and in my opinion will do
no damage to the overall zoning of our community.
Favorable consideration of this request is appreciated.
Very truly yours ,
7600 BUILDING
June 16 , 1978
LETTER OF INTENT
The variance Hearing 78-13, June 27, 1978, 5.712 Southwest 77
Terrace, South Miami, Florida.
Application is made. for approval allowing a driveway of 13 ' -6"
in width, where a 22 ' width is required. This application
should be approved for the following reasons :
Conversion of this single. family residence into office use is
in conformity with the zoning classification for this area
"RO" zoning.
The proposed use is compatible with' the neighborhood and is
generally accepted by the residental property owners to the
west.
The number of automobile spaces proposed to be put in the rear of
the building is only nine spaces and the driveway approach to
service those nine spaces can reasonable be a single driveway
rather than a 'two way driveway because of. the number of cars using
the facility.
The public street serving this premises and the other premises on
77 Terrace is only paved to a width of 14 ' -.8" which appears to be
adequate under the circumstances.
The existing building leaves only 15 ' for a driveway and this drive-
way will be taking up as much of that space as it can. There is no
way to provide the 22 ' driveway width without destroying the single
family home presently located on the property.
For the reasons .stated above I respectfully request that the ap-
plication for variance to permit the driveway, at less than the
22 ' be approved.
Very truly yours,
EDWARD ;r--.. AS
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RESOLUTION NO. 100-78-3727
A RESOLUTION OF THE CITY OF SOUTH MIAMI,
FLORIDA, WAIVING OFF-SITE CURBS, GUTTERS
AND RIGHT-OF-WAY PAVING AS TO CERTAIN
DESCRIBED PROPERTY LOCATED AT 5712
SOUTHWEST 77TH TERRACE, SOUTH MIAMI,
FLORIDA, CONDITIONED THAT THE AGREEMENT
AND COVENANT RUNNING WITH THE LAND ATTACHED
TO THIS RESOLUTION IS EXECUTED BY THE OWNER,
JOHN L. EAKINS, A SINGLE MAN, AND OTHER
LIENORS, WHICH AGREEMENT AND- COVENANT
RUNNING WITH THE LAND THE CITY MANAGER IS
AUTHORIZED TO EXECUTE ON BEHALF OF THE CITY,
AND WHICH AGREEMENT PROVIDES FOR CERTAIN
LIENS, SPECIAL ASSESSMENTS, COVENANTS RUNNING
WITH THE LAND, AND OTHER TERMS AND CONDITIONS.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of John L. Eakins,
a single man, to waive the installation of off-site curbs ,.
gutters and right-of-way paving in front of the subject property
located at 5712 Southwest 77th Terrace, South Miami, Florida,
and legally described as:
The West 70 feet of the East 150. 3 feet of
Luc 1, in Block 4 , of FAIRGLADE PARK,
according to the Plat thereof, recorded in
Plat Book 45, at Page 80 , of the Public
Records of Dade County, Florida,
be, and the same is hereby granted subject to the terms and
conditions of, and provided John L. Eakins , a single man, and
all other persons having an interest in and to the above described.
property -execute the Agreement and Covenant Running with the
Land, copy of which is attached to this Resolution.
Section 2. The City Manager be, and he is hereby
authorized to execute the above mentioned Agreement on behalf
of the City.
PASSED and ADOPTED .this 7th day of November , 1978.
APPROVED:
Mayor
Attest:
City Clerk
AGREEMENT AND COVENANT RUNNING WITH THE LAND
WHEREAS, JOHN L. EAKINS, a single man, hereinafter
referred to as "Owner" , is the Owner of the following real.
property located in the City of South Miami, Dade County,
Florida, to-wit:
The West 70 feet of the East 150. 3 feet of
Lot 1, in Block 4, of FAIRGLADE PARK,
according to the Plat thereof, recorded in
Plat Book 45, Page 80, of the Public Records
of Dade County, Florida,
hereinafter referred to as "Property" , and
WHEREAS, the Owner has requested the City of South
Miami to waive, the requirement of constructing off-site curbs, .
gutters and right-of-way paving at this time.
NOW, THEREFORE, in consideration of Ten Dollars
($10. 00) and other good and valuable considerations, the receipt
and sufficiency of which the parties hereby acknowledge, the
parties agree as follows:
1. The requirement of constructing off-site curbs,
gutters and right-of-way paving in front of the above mentioned
property located at 5712 Southwest 77th Terrace, South Miami,
Florida, is hereby waived until such time as the City of South
Miami requests that the item-s be constructed.
2. In the event the Owner, or his heirs and assigns., ,
failsto construct the. off-site curbs, gutters and right-of-way .
paving when requested to do so by the City for any reason
whatsoever., after having been given fifteen (15) days notice
by certified mail to do so, then, and in that event, the City
shall have the right to make such improvement upon said property
described in this Agreement, and the cost .therefor shall constitute
a special assessment and lien upon the above .described property, ,
subordinate only to governmental real. estate taxes, and the
asse"ssment. and collection of said lien shall be made in accordance
-1-
with the law, including. but not limited to .the terms and
conditions of Chapters 170 and 173 F.S.A. , said special assessment
and lien, and the collection thereof, to be together with interest
at six percent (6%) per annum, and reasonable attorney' s fees.
3. All work, isntallations, and/or improvements to
be made by the Owner shall, be at the sole direction of the City
and at the sole cost of the Owner and at no cost to the City.
4. Covenants, agreements and undertakings of the
Owner hereinicontained shall be and constitute covenants running .
with the land, and same shall be binding on the Owner and his
heirs and assigns in ownership of the above described property,
and those persons who consent thereto.
5. The Owner shall supply the City with an Opinion
of Title showing ownership of the aforedescribed property to be
in the -Owner, and naming all mortgagees, lienors, lessees and
other parties of interest, said Opinion of Title to be in a form
approved by the City Attorney of the City.
6. This Agreement shall be effective only if all
mortgagees, lienors, lessees and other parties of. interes.t shall
consent to the terms and conditions of this Agreement and
Covenant Running with the Land.
7. This Agreement and Covenant Running with the Land _
shall be recorded at the expense of the Owner forthwith:'
IN WITNESS WHEREOF, the parties. have hereunto affixed
their hands and seals this day of ,197.8..
Signed in the presence of: OWNER:
JOHN L. EAKINS
CITY OF SOUTH MIAMI
By
Attest: CITY MANAGER
City Clerk
Approved as to Form:.
City Attorney -2-
STATE OF FLORIDA )
SS
COUNTY OF DADE )
I HEREBY CERTIFY that on this .day personally appeared
before me an officer duly authorized to administer oaths and
take acknowledgments, JOHN L. EAKINS, a single man, to me well
known and known to me to be the individual described in and who
executed the foregoing isntruments, and he acknowledged before
me that he executed the same freely and voluntarily for the
purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Miami i, said County and State, this
day of ,1978.
Notary Public, State of Florida
at Large
My commission expires:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally appeared
before 'me an officer duly authorized to administer oaths and
take acknowledgments, JACK PRESENT and AMIE GLAZER, City- Manager
and City Clerk of the City of South Miami, to me well known and
known to me to be the individuals described in and who executed
the foregoing instrument, and they acknowledged before me that
they executed the same freely and voluntarily for the purposes
therein expressed.
IN WITNESS WHEREOF, I have hereunto set my -hand .and
affixed my official seal .at Miami, said County .and State,this
day of ,1978..
Notary Public, State of Florida .
at Large
My commission expires:
-3-
CONSENT TO AGREEMENT AND COVENANT RUNNING WITH THE LAND
FIRST FEDERAL SAVING AND LOAN ASSOCIATION OF MIAMI,
the owner and holder of a mortgage dated September 5, 1978,
recorded September 12 , 1978, in Official Records Book 10153,
at Page 159,, of the Public Records of Dade County, Florida,
in the original principal sum of $63,700. 00, encumbering the
following described property:
The West 70 feet of the East 150. 3 feet of
Lot 1, in Block 4, of FAIRGLADE PARK,
according to the Plat thereof, recorded in
Plat Book 45, Page 80, of the Public Records
of Dade County, Florida,
. hereby consents to the foregoing Agreement and Covenant Running
with the Land in favor of the City of South Miami, and
acknowledges that said mortgage shall be subject to the operation
and effect of said Agreement and Covenant Running with the Land.
. Nothing herein contained shall be deemed to impose any liability
or responsibility on FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION
OF MIAMI, as Mortgagees. Any liability or responsibility under
said Agreement and Covenant Running with the Land, being that solely
of the owner of said property.
IN WITNESS WHEREOF, FIRST FEDERAL SAVINGS AND LOAN
ASSOCIATION OF MIAMI has caused these presents to be executed
this day of ,1978.
Witnesses: FIRST FEDERAL SAVINGS AND LOAN
ASSOCIATION -OF MIAMI
By
President
Attest:
Secretary
-4-
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally appeared
before me an officer duly authorized to administer oaths and
take acknowledgments
President and Secretary of FIRST -FEDERAL SAVINGS AND LOAN
ASSOCIATION OF MIAMI, to me well known and known to me to be the
individuals described in and who executed the foregoing instrument,
and they acknowledged before me that they executed the same freely
and voluntarily for the purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Miami, said County and State, this
day of ,1978.
Notary Public, State of Florida
at. Large
My commission expires:
-5-
CONSENT .TO AGREEMENT AND COVENANT RUNNING WITH THE LAND
EDWARD J. STYS and MARTA B. STYE, his wife, the owners
and holders of a mortgage dated September 11, 1978, recorded
September 11, 1978, in Official Records Book 10152 , at Page 242 ,
of the Public Records of Dade County, Florida, in the original
principal sum of $7,550. 00, encumbering the following described
property:
The West 70 feet of the East 150. 3 feet of
Lot 1, in Block 4, of FAIRGLADE PARK,
according to the Plat thereof, recorded in
Plat Book 45; Page 80, Of the Public Records
of Dade County, Florida,
. hereby consents to the foregoing Agreement and Covenant Running
with the Land in favor of the City of South Miami, and
acknowledgesthat said mortgage shall be subject to the operation
and effect of said Agreement and Covenant Running with the Land.
Nothing herein contained shall be . deemed to impose any liability
or responsibility on EDWARD J. STYS .and MARTA B. STYS, his. wife,
as Mortgagees. Any liaibility. or responsibility under said
Agreement and Covenant Running with the Land, being that solely
of the owner of said property.
IN WITNESS WHEREOF, EDWARD J. STYS and MARTA B. STYS,
..his wife, have caused these presents to be executed this
day of ,1978.
Witnesses:
-- - EDWARD J. STYS
MARTA B. STYS
-6-
STATE OF FLORIDA )
SS:
.COUNTY OF DADE )
I HEREBY CERTIFY that on this day personally appeared
before me an officer duly authorized to administer oaths and
take acknowledgments EDWARD J. STYS and MARTA B.STYS, his wife,
to me well- known and known to me to be the individuals described
in and who executed the foregoing instrument, and they acknowledged
before me that they executed the same freely and voluntarily for
the purposes therein expressed.
. IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal at Miami, said County and State, this
day of ,1978.
Notary Public, State of Florida
at Large
My commission expires:
-7-
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ORDINANCE NO. 26-78-1004
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA; GRANTING. A VARIANCE TO EDWARD
J. STYS TO PERMIT THE CONSTRUCTION OF
A DRIVEWAY,13 FEET 6 INCHES,WIDE INSTEAD
OF THE REQUIRED WIDTH OF 22 FEET AS TO
CERTAIN DESCRIBED PROPERTY LOCATED AT
5712 SOUTHWEST 77TH TERRACE, SOUTH MIAMI,.
FLORIDA.
WHEREAS, the Planning Advisory Board of the City
of South Miami, Florida, has recommended the approval of
the variance hereinafter granted.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That .Edward J. Stys be, and he is
hereby granted a variance to permit the construction of a
driveway, 13 feet 6 inches wide,instead of the required width
.of 22 feet on the property located at 5712 Southwest 77th
Terrace, South Miami, Florida, and more particularly described
as:
Lot 1, Block. 4, FAIRGLADE PARK SUBDIVISION,
according to the Plat thereof as recorded
in Plat Book 45, Page 80 of the Public
Records of Dade County, Florida.
PASSED and ADOPTED this 15 day of August . 1978 .
APPROVED:
Mayor
Attest:
City Clerk
Passed on First Reading: 8/1/78
Passed on Second Reading: 8/15/78
0
MINUTES. OF A REGULAR MEETING
PLANNING BOARD, CITY OF SOUTH MIAMI
JUNE 27, 1978
APPROVED JULY 25, 1978
The meeting was called to order by Chairman Smith at 7:30 P. M.
The Pledge of Allegiance to the Flag of the United States of America was
followed by the roll call.
PRESENT: Edward H. Coburn
Clyde McCoy
Pat Masters
Bernard Michelson
Ronald K. Smith
Larry Yarborough
ABSENT: Bob Huey .
Mr. Gilbert A. Russe, Building Official, was also present.
Public Hearing ##78-12 Nova Construction Corp.
Request: Variance to permit construction of carport addition: allowing
a side setback of 6 feet where 7 feet 6. inches is required.
Legal Description: Lot 69, UNIVERSITY PARK SUBDIVISION, PB 16/46.
Location: 6501 S. W. 58 Avenue.
Chairman Smith announced Public Hearing ##78-12 was in session and asked if
there was any one present wishing to speak for the request.
Rosa Lee Turner of 6501 S . W. 58 Avenue addressed the Board stating she
owned the property and lived there. She stated her reasons for the .
request.
Chairman Smith asked if there was any one else present wishing to speak for
or against the request. There being no one, Chairman Smith deemed the ,
public hearing closed.
A discussion was had by the Board.
MOTION: By Mrs. Masters, seconded by Mr. Coburn, to recommend to the .
City Council approval of the request of the applicant.
VOTE .IN .FAVOR OF MOTION: Yes - 6
MOTION CARRIED UNANIMOUSLY.
Public Hearing #78-13 Edward J. Stys
Request: Variance for a driveway of 13 ' 6" width (actual clearance 15 ° )
where a 22 ' width is required.
Legal Description: Lot 1, Block 4, FAIRGLADE PARK SUBDIVISION, PB 45/80.
Location: 5712 S. W. 77 Terrace.
Chairman Smith announced the Public Hearing was in session and asked if
there was any one present wishing to speak for the request.
Mr. Edward J. Stys addressed the Board stating the reasons for his request.
Chairman Smith stated he' had received a letter from Mr. Stys explaining
his reasons for the request ,and asked Mr. Stys if he had mailed the same
letter to all of the other members of the Board. Mr. Stys stated he had.
Chairman Smith then read into the minutes the letter received by the
Board members from Mr. Stys.
Chairman Smith asked if there was anyone else caring to speak for or
against the request of the applicant.
Mr. John R.. Gustafson of 5740 S. W. 77 Terrace spoke in favor of granting
the request.
Mr. Stys distributed to each Board member a copy of a sketch he had drawn
of his property showing where the driveway will be located.
There being• no. one else caring to speak for or against the request of the
applicant, Chairman Smith deemed the public hearing closed.
A discussion was had by the Board. Mrs. Masters brought to the attention
of the Board members the fact that the survey submitted and in the file
was dated July 30, 1953 and inquired why an up"to-date survey had not been
required. Chairman Smith asked Mr. Russe if he had inspected the property.
Mr. Russe answered that he had personally inspected the property, had
meAs,li red it and that there had been no changes made to the property since
the ,.Irvel had been made, and the survey was accurate.
Page 2, - 6/27/78 jk
Mrs. Masters inquired whether Mr. Stys ' intention was to sell the property
for use as a residential office. Chairman Smith reopened the public hearing
to permit Mr. Stys to answer the question. Mr. Stys stated that he was
presently negotiating with a party to purchase the property for use as a
residential office and that was the reason for the request for the driveway
as he personally did not need it. Mrs. Masters asked Mr. Russe what the
Fire Department required in driveway width in RO zoning. His reply was
3 feet".
Chairman Smith deemed the public hearing closed.
MOTION: By Mr. Michelson, seconded by Mr. McCoy, to recommend to the '
City Council approval of the request of the applicant for a
variance for a driveway of 13 ' 6" width where a 22 ' width
Is required.
VOTE IN FAVOR OF MOTION: Yes 6
MOTION CARRIED UNANIMOUSLY.
Public Hearing #78-14 Ms. Ann Palmer
Request: Variance to permit a rear pool setback of 1 ' 6" where 15 ' 0"
is required.
Legal Description: Lot 1, Block 15, SEA VIEW PARK, FIRST ADDITION PB 64/124.
Location: 5990 S. W. 87 Street.
Mrs. Masters read into the record the Letter of Intent submitted with the
request.
Chairman Smith announced the public hearing was in session and asked if
there was any one present caring to. speak for the request.
Ms. Ann Palmer and Howard Landskroner, Architect, presented the site plan
to the Board and stated the reasons for' the request.
There being no one else caring to speak for or against the request of the
applicant, Chairman Smith deemed the public hearing closed.
.A discussion' was ,had by the Board.
MOTION: By Mrs. Masters, seconded by Mr. Michelson, to recommend to the
City Council approval of the request.
VOTE� IN FAVOR OF MOTION: Yes - ' 6
MOTION CARRIED UNANIMOUSLY.
Page 3 - 6/27/78
Public Hearing ##78-15 City Council
Request: Review of Subsection 4 of Section 2 of Article XII, "Variances",
of Section 1 of Ordinance No. 20-71-724 by adding the words,
"lot coverage", after the words "lot size",, and before the
words, "building height"..
Chairman Smith announced the public hearing was in session and asked if
there was any one present caring to speak for or against the request.
There being no one, Chairman Smith deemed the public hearing closed.
A discussion was had by the Board. Mrs. Masters stated she failed to see
the necessity for this request.
MOTION: By Mrs. Masters to table this request until the Board can
_ receive clarification 'as , to why this request is necessary from
the City Council and City Attorney, died for lack of second.
MOTION: _ By Mr. Michelson, seconded by Mr. Yarborough, to recommend to
the City Council approval of the request.
VOTE IN FAVOR OF MOTION: Yes - 5
No - 1 (Masters)
MOTION CARRIED. .
EXECUTIVE SESSION:
MOTION: By Mrs. Masters, seconded by Mr. Michelson, to approve the
Minutes of the meeting of May 9, 1978 as read.
VOTE IN FAVOR OF MOTION: Yes - 6
MOTION CARRIED. Abstained l (McCoy)
We. Masters stated that it is her opinion that in any request for change
, of zoning or a variance the Board should insist on an up-to-date survey.
MOTION: By Mrs. Masters, seconded by Mr. Michelson, to recommend to
the City Council that when a request for a change of zoning or
variance is made the applicant should submit an up-to-date survey.
Page 4 - 6/27/78 jk
VOTE 'IN FAVOR OF MOTION: Yes - 3
No - 2 (Smith, Coburn)
Abstained 1 (McCoy)
MOTION DENIED.
There being no further business, the meeting adjourned at 8:40 P. M.
Page 5 6/27/78 jk
F �
CITY OF SOUTH MIAMI
P'L'ANNING BOARD
NOTICE OFI°PU. IC HEARING
HEARING: 478-13
DATE: June 27, 1978''
TIME: 7: 30 P. M
APPLICANT: Edward J. Stys
Request: :Variance for a driveway of 13 '6" width (actual clearance 151
where a 22 ' width is required.
Legal Description: Lot 1, Block 4, FAIRGLADE PARK SUBDIVISION, PB 45/80.
Location: 5712 S. W. 77 Terrace .
_PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, .S'OU7H
MIAMI, FLORIDA, AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND, OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY 13E_
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES T:-!r=:
RIGHT TO RECOMMEND TO THE CITY COUNCIL WHATEVER THE BOARD CONSIDERS IN.THE BEST INTEREST FOR
AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COt N(:!L- AT A
FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF THE
ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
INQUIRY.
RONALD K.' SMITH, CHAIRMAN
PLANNING BOARD
THIS IS A COURTESY NOTICE,.:- NOT REQUIRED BY LAW
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OWNER: SAME
MAP REFERENCE : OFFICIAL ATLAS PAGE II Compass
COMMENTS : VARIANCE FOR A DRIVEWAY FO 13'61' WIDTH (ACTUAL Scale . J.''. -.100',
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NO.TAX FOLIO NAME ADDRESS %
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i CITY OF SOUTH MIAMI
PLANNING BOARD
NOTICE OF PUBLIC HEARING
HEARING: #k78-13
DATE: June 27,. 1978
TIME: 7: 30 P. M.
APPLICANT: Edward J. Stys
Request: Variance for a driveway of 13 '6" width (actual clearance 151 )
where a 22 ' width is required.
Legal Description: Lot 1, Block 4, FAIRGLADE PARK SUBDIVISION, PB 45/80.
Location: 5712 S. W. 77 Terrace.
PUBLIC HEARING WILL BE HELD IN THE COUNCIL CHAMBERS AT THE CITY HALLS 6130 SUNSET DRIVE, SOUTH
MIAM1t FLORIDAV AT THE TIME AND DATE STATED ABOVE.
ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MAD_;
IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
RIGHT TO RECOMMEND TO THE CITY COUNCIL WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE
AREA INVOLVED. THE BOARDIS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COUNCIL AT A
FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE CF THE
ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN M.kKING
INQUIRY.
J RONALD K. SMITH, CHAIRMAN
PLANNING BOARD
THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW
PS B 100-7
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APPLICANT: EDWARD J. STYS
OWNER: SAME
MAP REFERENCE: OFFICIAL ATLAS PAGE II Compass
COMMENTS : VARIANCE FOR A DRIVEWAY FO 13161, WIDTH (ACTUAL Scale .
CLEARANCE 151) WHERE A 22, WIDTH IS REQUIRED. Date .6-9.4$. . . . . . .
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SOU
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7615 DADLLAND MALI. PI-1. 667.1619
MIAMI, FLA. 33156 63-473
PAY TO THE — 197-
ORDER OF
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FLAGSHIP FIRST NATIONAL BANK
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CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
THIS APPLICATION MUST, BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT - AS (OWNER, TENANTS AGENT, ETC. SPECIFY)
STYS,. Edward J. OWU6r
ADDRESS OF APPLICANT CITY STATE ZIP PHONE
5712 S.W. 77th, Terrace So, Miami Florida 33143 661-4348
OWNER DATE OWNERSHIP OF PROPERTY OBTAINED
same December 1957
ADDRESS OF OWNER CITY STATE ZIP PHONE
same -
IS PROPERTY OPTION OR CONTRACT FOR PURCHASE? MORTGAGEE IS NAME AND ADDRESS
X YES NO None
ti.
IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOTS) - BLOCK .4
SUBDIVISION FAIRGLADE PARK PB .45, _ Page 80
METES AND BOUNDS - 36-54-40 The .west .70 feet of -the -East 150.30 feet of
Lot 1 of Block .4, consisting .23 acres, more or 'less, measuring
70 feet by 144 feet.
SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING R'WIS
10,080 sq. ft.
ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY
CBS one .family residence.
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING EXCEPTION OTHER (SPECIFY)
X VARIANCE AMEND SECTION OF CODE
PRESENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED
USE DESIRED NOT PERMITTED BY EXISTING REGULATIONS _
Request a variance fora driveway of 1316" width (actual clearance 159)
where a 220 width is .required.
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION. )
x CERTIFIED SURVEY — X— SITE PLAN PHOTOGRAPHS
STATEr,9ENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESEN THE INFORMATION AN LL SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOWLEDGE /BE,i�IEF.
SIGNATURE
FOR OFFICE USE ONL p
DATE OF HEARING _ HEARING NO. O ! 3
PSBI00-21
DATE FILED
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REV. 4-21-69 -