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5727 SW 77 TERR_PB-72-18 Hearing: #72-18 I 1 Date: August 29, 1972 Time: 8: 00 P. M. Applicant: H. Ma.scitelli ! F Request: Rezoning from RS-3 Single Family to RO for parking. ' ` Legal Description: Lot E . 75 feet of W' 90 feet, Block 1, r Fairgla.de Park, PBJ 45/80. Location: 5727 S. W. 77th Terrace. , IV I 0. rI'5'3 2 89 15765 575/ M 5725 5701 ,S w 77r" TERR. h F i S7_641-375i2- :579_ . 5726 151/2 9 Ag°.s w_ 7 r" 5 T. S I 11 1 �oo CITY OF SOUTH MIAMI ....o.,e...�o��... RESOLUTION NO. PB8-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a rezoning from RS-3 Single Family to RO fpr parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and WHEREAS, the South Miami. Planning Board recommends that the South s Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by the following vote- VOTE IN FAVOR: Yes - (3) Bowman, Coburn, Pierce No (1) Fleischer Absent - . (3) Bram,. -Margolin, Pendergrass MOTION CARRIED TO DENY 3-1 1 CITY OF SOUTH MIAMI, FLORIDA i Meeting of August 29, 1972. CHAIRMAN ATTEST SECRETARY RESOLUTION NO. PB8-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a, rezoning from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 ;feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and WHEREAS, the South Miami Planning Board recommends that the South Miami City Council ,deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking byk.the following vote: VOTE IN FAVOR: Yes - (3) Bowman, Coburn, Pierce No - (1) Fleischer Absent - (3) Bram, Margolin, Pendergrass MOTION CARRIED TO DENY33-1 CITY OF SOUTH MIAMI, FLORIDA Meeting of August (L29(;L &72% CHAIRMAN ATTEST: . SECRETARY RESOLUTION NO. PB8-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a rezoning from RS-3 Single Family to RO for parking of 5727 S. W. . 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and WHEREAS, the South Miami Planning Board recommends that the South Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by the .following vote: VOTE IN FAVOR: Yes - (3) . Bowman, Coburn, Pierce No - (1) Fleischer Absent - (3) Bram, Margolin, Pendergrass MOTION CARRIED TO DENY 3-1 CITY OF SOUTH MIAMI, FLORIDA j Meeting of August 29, 1972. CHAIRMAN ATTEST SECRETARY RESOLUTION NO. PB8-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a rezoning from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, ' PB 45/80, and - '.' WHEREAS, the South Miami Planning Board recommends that the South' Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by. the following vote: VOTE IN FAVOR: Yes - (3) Bowman,. Coburn, Pierce No - (1) Fleischer Absent - (3) Bram, "Margolin, Pendergrass MOTION CARRIED TO DENY 3-1 CITY OF SOUTH MIAMI,','FLORIDA Meeting of August 29, ' 1972. , CHAIRMAN ATTEST SECRETARY RESOLUTION NO. PBB-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a rezoning from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and WHEREAS, the South Miami Planning Board recommends that the South Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by.-the following vote VOTE IN FAVOR: Yes - (3) Bowman, Coburn, Pierce No - (1) Fleischer Absent - (3) Bram, Margolin, Pendergrass MOTION CARRIED TO DENY 3-1 CITY OF SOUTH MIAMI, FLORIDA 1 Meeting of August 29, 1972. CHAIRMAN ATTEST: SECRETARY RESOLUTION NO. PBB-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a rezoning from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot. E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park,. PB 45/80, and WHEREAS, the South Miami Planning Board recommends that the South : . Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of..� . the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by the following _ vote: VOTE IN FAVOR: Yes (3) Bowman, Coburn, Pierce No (1) Fleischer Absent - (3) Bram, Margolin, Pendergrass MOTION CARRIED TO DENY 3-1 } CITY OF SOUTH MIAMI, FLORIDA ` Meeting of August 29, 19720 CHAIRMAN ATTEST: SECRETARY i RESOLUTION NO. PB8-72-18 WHEREAS, the Applicant,' H. Mascitelli, has requested a rezoning from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and . . WHEREAS, the South Miami Planning Board recommends that the South Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by the following' vote: VOTE IN FAVOR: Yes - (3) Bowman, Coburn, Pierce No - (1) Fleischer Absent - ,.(3) Bram, Margolin, Pendergrass MOTION CARRIED TO DENY 3-1 CITY OF SOUTH MIAMI, FLORIDA Meeting of August .29, 19726 CHAIRMAN ATTEST SECRETARY r RESOLUTION NO. PB8-72-18 WHEREAS, the. Applicant, H. Mascitelli, has requested a. rezoning . from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and WHEREAS, the South Miami Planning Board recommends that the South Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request -of the Applicant, H. Mascitelli, for a change of zoning classification from . RS-3 Single Family to RO Residential Office for parking by -the following vote: VOTE IN FAVOR: Yes - (3) Bowman, Coburn, Pierce No - (1) Fleischer Absent - (3) Bram, Margolin, Pendergrass . MOTION CARRIED TO DENY 3-1 CITY OF SOUTH MIAMI, FLORIDA Meeting of August 29, 1972. CHAIRMAN ATTEST: SECRETARY RESOLUTION N0.' PB2-72-15 APPLICANT: Robert Canney West REQUEST: Change of zoning requested from RM-3, Multi-Family Residential, to .RO, Residential Office LEGAL DESCRIPTION: Lot 4,. Block 1, Fairglade Manor, PB 45/79 LOCATION: 5830 SW 74 Terrace WHEREAS THE CITY OF SOUTH MIAMI PLANNING BOARD HAS RECOMMENDED THAT THE ABOVE REQUEST BE GRANTED VOTE: FOR ( 5 ) pram, Fleischer, Bowman, Pendergrass, Pierce AGAINST ( 0 ) ABSTAINED ( ) ABSENT ( 2 ) Coburn, Margolin CITY OF SOUTH MIAMI, FLORIDA MEETING OF AUGUST 8, 1972 CHAIRMAN ATTEST: 4 CRE AR i i RESOLUTION NO. PB8-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a rezoning from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and WHEREAS,, the South Miami Planning Board recommends that the South Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by. the following vote: VOTE IN FAVOR: Yes - (3) Bowman, Coburn, Pierce No (1) Fleischer Absent - (3) Bram, Margolin, Pendergrass MOTION CARRIED TO DENY 3-1 CITY OF SOUTH MIAMI, FLORIDA Meeting of August 29, 1972. CHAIRMAN ATTEST SECRETARY Minutes of Planning Bo'a.rd Meeting of August 29, 1972 - Page 4 Lane open for the use - of the school children. Mr. Huffman presented to the Board two Petitions bearing the signatures of twenty-eight persons who are property owners and neighbors, objecting to the closing of South Dixie Road and any rezoning of the Lots at 6540 and 6530 Manor Lane. MOTION: By Mr. Pierce to defer action on this request until such time as the Planning Board receives action from the City Council on Resolution No. PB4-72 regarding special uses for parking, seconded by Mr. Bowman. VOTE IN FAVOR OF MOTION: Yes - (3) Bowman, Coburn, Pierce No - (1) Fleischer MOTION CARRIED. Absent - (3) Bra.m, Margolin, Pendergrass Mr. Fleischer noted that Mr. Pancoa.st had not presented the Board with a waiver of 20% of the neighborhood property owners . MOTION: By Mr. Fleischer to amend .the previous motion to defer this request to the next regular meeting of the Planning Board at which time Mr. Pancoast shall provide the Board with waiver of 200/o of the surrounding area residents approving said request. VOTE IN FAVOR OF MOTION: Yes - (4) Bowman, Coburn, Fleischer, Pierce No - (0) Absent - (3) Bra.m, Margolin, Pendergrass MOTION CARRIED. rPublic Hearing #72-18 H. Mascitelli Request: Rezoning from RS-3 Single. Family to RO for parking. Legal Description: Lot E. 75 feet of W 90 Feet, Lot 1, Block 1, Fa.irglade Park, PB 45/80. Location: 5727 S . W. 77th Terrace . Minutes of Planning Board Meeting of August 29, 1972 - Page. 5 Mr. George A. Buchmann appeared representing Mr. H. Mascitelli, explained the reasons for the request and presented to the Board a. waiver of 20% of the surrounding area residents approving said request. Mrs. Rose Messina of 5726 S. W. 77th Terrace and Mr. Ed Corley of 5763 S.W. 77th Terrace spoke in opposition to granting the request stating that the surrounding area is a long established residential neighborhood and the fumes, dust and noise that would occur if the request were granted would be intolerable to the surrounding neighbors. . Mr. Corley presented to the Board a Petition bearing the signatures of eleven persons who are property owners and neighbors objecting to the request for rezoning of this property from RS-3 Single Family to RO for parking. MOTION: By Mr. Pierce to deny the request, seconded by Mr, Bowman. VOTE IN FAVOR OF MOTION: Yes - (3) Bowman, Coburn, Pierce No - (1) Fleischer Absent (3) Bra.m, Margolin, Pendergrass MOTION CARRIED. / Public Hearing ##72-10 Fidelity National Bank of South Miami Request: Rezoning from RS-4 Single Family to C-2 for parking. Legal Description: Lots 22, 26, .Block 1, Westerfield Manor, PB 27/9. Location: 5825 S. W. 41st Street. Mr. Monroe Dixon presented the request of Fidelity National Bank of South Miami requesting the rezoning. from RS-4 Single Family to C-2 for parking and stated that the bank had grown tremendously since it was started nine years ago and additional parking was very necessary. He presented the Board a, waiver of 200/, of the surrounding area residents approving said request. Mr. Fleischer asked if there was anyone present in the audience in favor of the request and there was not. He then asked if there was anyone in the audience opposed to this request and there was not. CITY OF SOUTH MIAMI PLANNING BOARD NOTICE OF PUBLIC HEARING Hearing: #72-18 Date: August 29, 1972 Time: 8: 00 P. M. Applica.nt: H. Ma.scitelli Request: Rezoning from RS-3 Single Family to RO for parking. Legal Description: Lot E. 75 feet of W 90 feet, Block 1, Fairgla.de Park, PB 45/80. Location: 5727 S . W. 77th 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 MADE 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 BOARD'S 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 OF THE ZONING DIRECTOR BY CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. . BERNARD BRAM, CHAIRMAN PLANNING BOARD THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW PS B 100-7 REV. 10-22-70 r 0 ID 'Ali IBS 89 5765 S7S1 M �, ! 5725 S7111 TN 01 p J w 77 7�ERR. F S7ee? s 76 .5764 .57.50 `57401,5726 5772 J700* 5"700 td SD /2 780/ 7800 v 0 782 �� 7820 3.T83/ / 78,34 780 G 1 78 0 APPLICANT: H. MASCITELL OWNER: SAME N MAP REFERENCE: OFFICIAL ATLAS Compass COMMENTS : Scale . .�.�: Date . ., Drn .,-1.�, .Chk . E . CI T T OF MU 1 u MIAMI PLANNING 50 A RD Hearing No 7. �. . . RESOLUTION NO. PBB-72-18 WHEREAS, the Applicant, H. Mascitelli, has requested a. rezoning from RS-3 Single Family to RO for parking of 5727 S. W. 77th Terrace; Lot E. 75 feet of W 90 feet, Lot 1, Block 1, Fairglade Park, PB 45/80, and WHEREAS, the South Miami Planning Board recommends that the South Miami City Council deny said request, NOW, THEREFORE, be it resolved that the South Miami Planning Board recommends that the South Miami City Council deny the request of the Applicant, H. Mascitelli, for a change of zoning classification from RS-3 Single Family to RO Residential Office for parking by. the following. . vote: VOTE IN FAVOR: . Yes - (3) Bowman, Coburn, Pierce No - (1) Fleischer. Absent - (3) Bram, Margolin, Pendergrass. . MOTION CARRIED TO DENY 3-1 CITY OF SOUTH MIAMI, FLORIDA j Meeting of August 29, 1972 CHAIRMAN ATTEST: SECRETARY i p�c�G eXJG. J �M e7,1 w C O 7240 SOUTHWEST 61sT COURT September 19 , 1972 AREA CODE 305. TELEPHONE 665-6276 Mrs . Carmen Wayne City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Re: Public Hearing #72-18 H. Mascitelli Rezoning From RS-3 to RO Dear Mrs . Wayne : The above zoning matter was heard by the Planning and Zoning Board of the City on Tuesday, August. 29th, and was then sup- posed to come up before the City Council as a matter of course: It did not come up on the meetings of the 5th or the 19th of September. We are now advised that it could be scheduled for October 3rd. Please regard this letter as a request that the matter not be scheduled for October 3rd before the City Council inasmuch as I will be out of the State at that time. If the matter is to be scheduled before the City Council in October, I request that it be scheduled for the 17th of October and that we be advised accordingly. Thank you for your .attention to this matter. Sincer , George A. . Buchmann b/f ode - E SEP zw. 197j&! PLANNING ADVISORY BOARD HEARING: # P-72- - 18 DATE: 2,9 ° -7 NAME ADDRESS r awn P q PSB100-22 . > PETITION TO THE MAYOR AND CITY COUNCIL OF SOUTH MIA MI , FLORIDA ,r AUGUST 29, 1972 . J WE THE UNDERSIGNED, RESIDENTS AND PROPERTY OWNERS, WHO ARE DIRECTLY AFFECTED BY THE PROPOSED ZONING CHANGE(# 72-18) WISH TO STATE THAT WE' ARE VEHEMENTLY OPPOSED TO A CHANGE FROM RU 1 , TO ALLOW A PARKING . LOT IN A LONG ESTABLISHED RESIDENTIAL NEIGHBORHOOD. THREE REASONS WOULD BE FUMES, .DUST AND NOISE ADDED TO WHAT WE.,HAVE FROM THE EXISTING LOTS . Oil ,RED ROAD. "WE ASK- THAT COUNCIL ADHERE TO THE RECENTLY;'ADOPTED MASTER PLAr$'w SIGNED NAME: , ADDRESS: 15 1 1' 3 4 v � 5 t 6 bJrl 8 l _7 1�7 Re -"Application to rezone for restricted parking, use of ---------------- the E. 75' of W. 90' of Lot I, Block I, Fairglade Par:k)r, (245' West of Red Road on North side of S. W. 77th Terrace. ) We, the undersigned have examined the proposal for restricted use of the { above property for parking as. part of the 7600 Red Road Building, and' ! hereby waive objection,,`"provided that - 1. Access to 77th Terrace is prohibited - now and in future, `as . shown on the plan. 2. The extensive landscaping on 77th Terrace is installed as shown on the plan. „ 3. The lot is permanently walled-off on 77th Terrace and on its West boundary, as shown on the plan. 4. Covenants running with the land, to insure these restrictions that are legally binding on any owner of the 7600 Red Road property , ' including the proposed parking lot. Re - Application to rezone for restricted parking, use, of ------- ------the E. 75' of W. 90' of Lot I, Block I, Fairglade I�park', (245' West of Red Road on North side of S. W. 77th Terrace. ) We, the undersigned have examined the proposal for •restricted use of the above property for parking as part of the 7600 Red Road Building, and hereby waive objection, provided that - 1. Access to 77th Terrace is prohibited - now and in future, as -shown on the plan, 2. The extensive landscaping on 77th Terrace is installed as shown on the plan.: 3. The lot is permanently walled-off on 77th Terrace and on its West boundary, as shown on the plan. _. _4, _ Covenants running with the land, to insure these restrictions that are legally binding on any owner of the 7600 Red Road property', including the proposed parking lot. IAV cz CfRA,1)t" �v7 Re - Application to rezone for restricted parking, use of ---------------- the E. 75.' ,of W. 90' of Lot I, Block I, Fairglade ;Parkr, (245' West of Red Road on North side of S. W. 77th Terrace.. ) We, the undersigned have examined the proposal for restricted use of the above property for parking as part of 'the 760O. Red Road Building, and hereby waive objection, provided that - 1. Access :to 77th Terrace is prohibited :- now and in future, as shown on, the .plan. 2. . The extensive landscaping on 77th Terrace is installed as shown on the plan. 3. The lot is .permanently walled-off on 77th Terrace and on its West boundary; ,as shown on the plan. 4. Covenants running with the land, to insure these restrictions that are legally binding on any owner of the 7600 Red Road property , including the proposed parking lot. e -- Re: Application to rezone for restricted parking use: The East 75' of West 90' of Lot 1, Block 1 , Fairglade Park . - (245' West of Red Road on North side of S. W. 77th Terrace.) We, the undersigned consent to the proposal for restricted use of the above property for parking as part of the 7600 Red Road Building, and hereby waive objection, provided that - 1. Access to 77th Terrace is prohibited - now and in future, 2. The extensive landscaping. on 77th Terrace is installed. 3. The lot is walled off on 77th Terrace and on its West boundary. 4, Restrictive covenants to insure the above are executed and made legally binding on any owner of the 7600 Red Road property, inbludin.g the proposed parking lot. i Re: Application to rezone for restricted parking use: The East 75' of West 90' of Lot 1, ;. Block 1, Fairglade Park . - (245' West of Red Road on North side of S. W. 77th Terrace. ) l s We, the undersigned consent to t e proposal for restricted use of the above property for parking as part of the 7600 Red Road j Building, and hereby waive objection, provided that - 1. Access to 77th Terrac e is prohibited - now and in future. 2. The extensive landscaping. on 77th Terrace is installed. 3. The lot is walled-off on 77th Terrace and on its West boundary. 4. Restrictive covenants to insure the above are executed and made legally inding on any owner of the 7600 Red Road property, inpluding the proposed parking lot. 7.s-I9 at N� 3,Z, 615) ID Ci Z R S � Cl �g8 7 7 6 s? S� �A - . .. •ss S 78 0 av,Ali 7601 ` � o /JS D 7 V ��L Ile g/o 0 701 7 9 09 �.9 r 790 . So 7 CIO �: OV �a.-C.a 9 B l✓ 0 79 /toy 07 � X95 2 793/ ids iD g, 3 E /JJ. /o oo r CITY OF SOUTH MIAMI PLANNING BOARD NOTICE OF PUBLIC HEARING Hearing: #72-18 Date: . August 29, 1972 , Time: 8: 00 P. M. Applicant: H. Ma.scitelli Request; Rezoning from RS-3 Single Family to RO for parking. Legal Description: Lot E . 75 feet of W 90 feet, Block 1, Fairgla.de Park, PB 45/80. Location: 5727 S . W. 77th 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 MADE 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 BOARD'S 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 OF THE ZONING DIRECTOR BY -CALLING 667-5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. BERNARD BRAM, CHAIRMAN PLANNING BOARD THIS IS A COURTESY NOTICE - NOT REQUIRED BY LAW PS B 100-7 REV. 10-22-70 - �o 0 0� t _..._ _ T000 t rs .3 2 i 89 3765 S7S/ M �C/;�; ,572S `5"701 o TN �� O J w T T 7-5R R. c� 4 .3 i z t S785�" S 76 .5764 .57,50 x5740 5726 5T72 `S 700 s w TH T (y td 7e0/ 77800k 782 �� 7"826 I J� Q 3 / 783/ 7-P30 780 78001 APPLICANT: H. MASrCITELL OWNER: SAME N MAP REFERENCE: OFFICIAL ATLAS Compass COMMENTS : Scale . Date . Drn .11!.-.Chk . 7 CITY OF SOUTH MIAMI PLANNING 150ARD Hearing N07L 1`�. CORAL GABLES TIME: Published Ri-WeekL in Coral Cables , Dade County, Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared Irene S Ka ppes who, on oath, says that she is the Manager of Accounts of Coral Gables Times, a bi-weekly newspaper, published at Coral Gables in Dade County, Florida: that the attached copy of advertisement, being a Legal. Advertisement or Notice in the matter of Public Hearing #7Z-10 #72-1$ #72-19 XA x in the Court, was published in said news- paper in the issues of: August 13 , 1972 Affiant further says that the said Coral Gables Times is a newspaper pub- lished at Coral Gables, in said Dade County, Florida, •and that said news- paper has heretofore been continuously published in said Dade County, Florida, and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. Sworn to and subscribed before me this _/_3 day LEGAL N TICE There will be a publQc hearing before of A,D. 197'>-- 1972 a8 Planning.M and the City Court- or as soonpthereafter last appears an the Agenda, at City Hall, City of - South Miami,' for thSunset uoo eiyof Notary Pub.W State of Florida VtLarge. hearina views of interested persons Ion the following: Hearina No. 72-10 Applicant: Fidelity (SEAL) -National Bank. Request rezoning • from RS-4 Sinale Family to C-2 for M Commission expires parking. Legal: Lots 22-26. Block 1 My p. Westerfield Manor. 5825 S.W. 41s4 -'.1 t.r L•nrF Staring No. 72.111 A p_11,an - 1M 9/70 t,Y C tl f,i Yl i:o!G fl C%NUS 10. 1 Z, :[073 RS 3 1Selli. RLequest o Ro to park s+{1FNDL17 311i1[1Ut t1 ir1Lr:},4.. j7lLye ili0lt: feel,Fairoladof PE S5feet of W. 90 ,Hearing No. 72-19 Applicant: Pan- +coast architects. Request cioslna of Smith Dixie Road and rezdhina from { B•1 Duplex. RS-3 Single.Family to 0-11. for parking. 6540. 6530 Manor • k Sf�e�yrcyl�j / � i 9NIdInY Offkla{ T H E C 1 T Y. 01 : s 81 0 SUNSET DRIVB, SOUTH MIAMI, FLORIDA $3143 August- :11,: 1972 The Coral Gables. Times-Guide. P. 0. Box .580 Coral Gables, Florida 33134 Gentlemen: Please advertise the following legal nbtce one time only on Sunday, August 13, 1972, . and may we have proof of publication with your invoice: LEGAL NOTICE. There will be a public hearing- before the Planning Board on August 29, 1972 at 8:00 P. M. and the City .` counci'l on October 3, 1972 at 7:30 P. M. , or as soon . . thereafter as appears on the Agenda, at City Hall, City of South Miami, 6130 Sunset Drive, South Miami, for the purpose of hearing views of interested -persons b. on the following:. Hearing #72-10 Applicant: . Fidelity National Bank. Request rezoning from RS-4 Single Family to C-2 for parking. Legal: Lots 22-26, Block 1, Westerfield Manor. .5825 S. W. 41st Street. Hearing #72-18 Applicant: H. 'A. Mascitelli. Request rezoning from RS-3 Single Family to RO for parking. ; Legal: Lot E. 75 feet of W: 90 feet, Fairglade Park. '. . 5727 S. W. 77th Terrace. Hearing #72-19 Applicant: Pancoast Architects. , Request closing. of South :Dixie . Road and .rezoning from : RB-1 Duplex, RS-3 Single Family to R0-1 for parking. .6540,••.6530'.:Man6r `Lane. incerely, i Henry R. DeWdlf r Building Official HRD: k j .:' V. x CITY OF SOUTH MIAMI APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE) THIS APPLICATION MUST BE COMPLETED AND RETURNED° WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING. APPLICANT AS (OWNER, TENANT° AGENT$ ETC. SPECIFY) Hugo A. Mascitelli & Teresa Mascitelli, his wife Owners ADDRESS OF APPLICANT CITY STATE- ZIP PHONE 213 Crestmoore Circle,. Silver Springs, Maryland 20901 None OWNER DATE OWNERSHIP OF PROPERTY OBTAINED Same 1960 ADDRESS OF OWNER`, CITY .STATE ZIP PHONE None. -- - Same -- IS PROPERTY OPTION OR CONTRACT FOR PURCHASE? MORTGAGEE IS NAME AND ADDRESS X YES NO None . IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION . LOT(S) East 75 ' of West- 90' of Lot 1 BLOCK 1 SUBDIVISION FAIRGLADE PARK PB 4580 METES AND BOUNDS SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF AB U-TTING R/WIS 75 ° x 143. 9 ' ADDITIONAL DEDICATIONS PROPOSED STRUCTURES LOCATED ON PROPERTY - None None APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING: . . X CHANGE OF ZONING EXCEPTION. OTHER (SPECIFY) VARIANCE AMEND SECTION OF CODE PRESENT ZONE CLASSIFICATION CHANGE, OF ZONING REQUESTED RU-1 r RO USE DESIRED NOT PERMITTED BY EXISTING REGULATIONS - - Landscape and- pave property and utilize it for parking facility to serve con- tiguous o ice ui ding located at 7600 Red Road. THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE PART OF APPLICATION. ) - CERTIFIED SURVEY X SITE PLAN PHOTOGRAPHS, X STATEPIENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED - - X PROPOSEDaFyt R P 'LFIN X HEARING FEE (CASH OR CHECK) X OTHER Proposed restrictive covenant. THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND RE E ENTS THE IN RM ION AND ALL SUP-PORTING DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNO L GE AND BELI SIGNATUR GEORGE A. BUCHMANN Attorney for Applicants FOR OFFICE USE ONLY DATE OF HEARING _ A ta. 2q /q 7 7- HEARING NO. PSBI00-2I DATE FILED REV. 4-21-69 - P' STATEMENT OF REASONS AND CONDITIONS JUSTIFYING ZONING CHANGE AND LETTER OF =INTENT The property sought to be zoned is a vacant lot and not land- scaped or maintained. The property to the east and north of the subject lot is business property zoned RO -- the same zoning sought for this lot. To grant this zoning would not distort the zoning pattern in any way, nor would it amount to spot zoning. The present lot is not suitable for residential development because of the contiguous business property; and it could best serve as a buffer for the residential property to the west and south of it by permitting the plan proposed in this application. As a part of this application, and as a condition of the re- quested rezoning, a restrictive covenant in the form attached hereto will be filed in escrow with the City of South Miami to- gether with recording fees and an opinion of title so that the same may be recorded in the event the requested rezoning is granted. Neighboring residential property owners have been concerned about the utilization of this property as an auxiliary parking lot for the 7600 Red Road building because they did not want business traffic entering onto their residential street. The restrictive covenant would prohibit this from every happening, since the only access for automobile traffic to and from the subject property would be from the parking lot to the rear of the 7600 Red Road building. The restrictive covenant specifically prohibits any automobile access to Southwest 75.th Terrace from the subject lot, and it will be fenced off so as to be accessible only through the other parking lot for ingress and egress to the city streets. Insofar as the neighborhood aesthetics are concerned, the proposed plan would also be beneficial to everyone having an int- erest in the surrounding property. The restrictive covenant re- quires the property to be fenced and landscaped and paved with adequate setbacks and aesthetic maintenance. A plan, for this is a part of the application for zoning, and it shows both the site plan and the proposed landscaping that would accompany it. The restrictive covenant would permit the City to enforce all of these requirements and if the City did not do so, then a property owner in the City within a reasonable distance of the property would have the right to-enforce the restrictive covenant. The plan submitted would provide a great improvement in ap- pearance, and the landscaping and fencing of the lot in the manner proposed would shield the residential property owners from any an- noyance whatsoever with vehicles parked in the lot. The property could then serve as an ideal buffer between residential and busi- ness property. The use proposed for this property is the best use for it be- cause the need for additional parking at the 7600 Red Road building b very apparent. Although this b-ui.ldi.ng. .has. parking which complies with requirements, the utilization of the offices is such. that fre- quently carsamust park on the street and in other less desirable areas. The subject property is certainly not suitable for residential development, as previously stated, and with the proposed plan of protection of adjacent property owners there is no valid basis for any objection to the requested change of zoning. f b , a RESTRICTIVE COVENANT THIS AGREEMENT, entered into the day of July, 1972, by and between HUGO A. MASCITELLI and TERESA MASCITELLI, his wife, hereinafter referred to as the OTINERS, and the CITY OF SOUTH MIAMI, a municipal corporation under the laws of' the State of Florida, ,hereinafter called CITY. NOW THEREFORE, in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged by OWNERS from CITY, r W I T N E S S E T II: WHEREAS, OWNERS are the fee simple owners of the following. described Property situate in the City of South Miami, County of Dade, State of Florida: Parcel One - The East 75 feet of the West 90 feet of Lot 1, Block 1; FAIRGLADES PARK, according to the Plat thereof as recorded in Plat Book 45, page 80, of the Public Records of Dade County, Florida and WIIEREAS, H. V. GREEN, as Trustee, is the fee simple owner of the following described property situate in the City of South Miami, County of Dade, State of Florida: Parcel Two The East 286 .2 feet of the North 1/2 of the NE 1/4 of the SE 1/4 of the NE 1/4 of Section 36, Township 54 South, Range 40 East, lying and being in Dade County, Florida, less the right-of-way. 'and WHEREAS, OTTNERS have applied to the City of South Miami to rezone Parcel One from its present zoning of RU-1 to permit a zoning of RO in order that Parcel One above described may be utilized solely and only for a parking facility for Parcel Two above described; and WIERc:AS, in connection with the application for roryo^ing from RU-1 to RO of the said Parcel One, there has been filed with the CITY site plans and a proposed parking plan for Parcel One, including landscaping, setbacks, and fencing, and precluding automobiles from having access to Parcel One ' from 77th Terrace and providing for. access to Parcel One. only from the parking lot of Parcel Two as shown on the plans filed with CITY in the appli- cation for rezoning. 1404I THEREFORE, . the parties agree as follows: 1. All of the recitals heretofore made are hereby incor- porated in and made a part of this agreement. 2. OWNERS do hereby agree that they will and they do hereby set aside Parcel One described above to be used solely and only for parking purposes for Parcel One above, for such off-street parking as may be permitted pursuant to the ordinances of the CITY, and to be used for parking only for the- office building situate on Parcel Two above described, and for so long as said office building remains on said Parcel Two. 3 . By recording of this instrument the OWNERS do record a restrictive 'covenant. running. vaith the 'land described in Parcel One above, that",it will' not. be utilized for any other purpose than parking and Uhat':no- improvements other than parking facilities will be ;.constructed-;thereon and 'no building shall ever be con- structed thereon for so :long as this restrictive covenant remains in fore"c and effect. ',"'.The OWNERS' do further covenant for their successors 'and. ass,igns that tho Parcel One. will be landscaped and fenced- substantially` in.-accordance `with the site plan use on file' 1with the' .CITE', a copy of which is annexed hereto as Exhibit "A." . The OWN RS do further covenant and agree that ` there will be no access to Parcel One from Southwest 77th Avenue available by driveway or any other means for any motor vehicle to enter on Parcel One from Southwest 77th Terrace in the CITY. 4 . The purpose and intent of this agreement is to provide off--street parking for Parcel Two, said parking to be on Parcel -2- One and at the same time by this agreement to prevent the use of Parcel One for any other purpose than as set forth herein and to prohibit construction of any commercial buildings or other uses on Parcel One which would otherwise be permitted by the RO zoning which is being sought for said property from the CI`T'Y, and further .to preclude access to Parcel One while it is used for parking facilities from the street known as Southwest 77th Terrace ,in the City of South Miami; and this restrictive covenant may be released only by . the CITY or its successors. This agreement may be enforced by the CITY or by any property owner owning property within the CITY within a distance of 20'0 yards from Parcel One above described. 5. In the event CITY does not the granted RO zoning to. Parcel One above, then this agreerent will be. of no force and effect; or should the 'CITY ever return Parcel One to a zoning for single family residence as it is presently zoned, then this agreement shall become null and void. IN WITNESS WHEREOF, the OWNERS have hereunto caused this instrument to be executed by affixing their hands and seals on the day and year above written. Witnesses: HUGO A. 11ASCITELLI TERESA VIASCITELLI STATE OF MARYLAND ) ss COUNT YOF ) Before me personally appeared HUGO A. :R.ASCITELLI and TERrS1! MASCITELLI, his wife, to me well known and known to me to be the persons described in and who executed the- foregoing Restrictive Covenant, and acknowledged to and before me that they executed. said instrument for the purposes therein expressed. WITNESS my hand and official• seal, this day of July, 1972. nd M.y commission, expires: Notary Public, State of P':larv1c -3- STATEMENT OF REASONS AND CONDITIONS JUSTIFYING ZONING CHANGE AND LETTER OF 'INTENT The property sought to be zoned is a vacant lot and not land- scaped or maintained. The property to the east and north of the subject lot is business property zoned RO -- the same zoning sought for this lot.. To grant this zoning would riot distort the zoning pattern in any way, nor would it amount to spot zoning. The present lot is not suitable for residential development because of the contiguous business property; and it could best serve as a buffer for the residential property to the west and south of it by permitting the plan proposed in this application. As a part of this application, and as a condition of the re- . quested rezoning, -a restrictive covenant in the form attached hereto will be filed in escrow with the City of South Miami to- gether with recording fees and an opinion of title so that the same may be recorded in the event the requested rezoning is granted.. Neighboring residential property owners have been concerned about the utilization of this property as an auxiliary parking lot for the 7600 Red Road building because they did not want business traffic entering onto their residential street. The restrictive covenant would prohibit this from every happening, since the only access for automobile traffic to and 'from the subject property would be from the parking lot to the rear of the 7600 Red Road building. , The restrictive covenant specifically prohibits any automobile access to Southwest 75th Terrace from the subject lot, and it will be fenced off so as to be accessible only through the other parking lot for ingress and egress to the city streets. Insofar as the neighborhood aesthetics are concerned, the proposed plan would also be beneficial to everyone having an int- erest in the surrounding property. The restrictive covenant re- quires the property to be fenced and landscaped and paved with adequate setbacks and aesthetic maintenance. A plan' for this is a part of the application for zoning, and it shows both the site plan and the proposed landscaping that would accompany it. The restrictive covenant would permit the City to enforce all of these requirements and if the City did not do so, then a property owner in the City within a reasonable distance of the property would have the right to enforce the restrictive covenant. The plan submitted would provide a great improvement in ap- pearance, and the landscaping and fencing of the lot in the manner proposed would shield the residential property owners from any an- noyance whatsoever with vehicles parked in the lot. The property could then serve as an ideal buffer between residential and busi- ness property. The use proposed for this property is the best use for it be- cause the need for additional parking at the 7600 Red Road building b very apparent. Although -this- building has parking which complies with requirements, the utilization of the offices is such that fre- quently cars must park on the street and in other less desirable areas. The subject property is certainly not suitable for residential development, as previously stated, and with the proposed plan of protection of adjacent .property owners there is no valid basis for any objection to the requested change of zoning. r ' y;J RESTRICTIVE COVENANT THIS AGREEMENT, entered into the day of July, 19721, by and between HUGO A. MASCITELLI and TERESA MASCITELLI, his wife, hereinafter referred to as the OWNERS, and the CITY OF SOUTH MIAMI, a municipal corporation under the laws of the State of Florida, ,hereinafter called CITY. NOW THEREFORE, in consideration of the sum of TEN DOLLARS AND 0'iH R VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged by OWNERS from CITY, W I T N E S S E T 11: WHEREAS, ,OWNERS are the fee simple owners of the following described property situate in the City of South Miami, County of Dade, State of Florida: Parcel One - The East 75 .feet of the West 90 feet of Lot 1, Block 1, FAIRGLADES PARK, according to the Plat thereof as recorded in Plat Book 45, page 80, of the Public Records of Dade County, Florida and WHEREAS, H. V. GREEN, as Trustee, is the fee simple owner . of the following described rrope.r.ty situate in the City of South Miami, County of Dade, State of Florida: Parcel Two The East 2 86. 2 feet of the North 1/2 of the NE 1/4 of the SE 1/4 of the NE 1/4 of Section 36, Township 54 South, Range 40 .East, lying and being in Dade County, Florida, less the right-of-way. J and WHEREAS, OWNERS have applied to the City of` South Miami to rezone Parcel One from its present -zoning of RU-1 to permit a zoning of RO in order that Parcel One above described .may be utilized solely and only fora parking facility for Parcel Two above described; and WHEK:AS, in connection with the application for rez-oning from RU--1 to RO of the said Parcel One, there has been filed with the CITY site plans and a proposed parking plan for Parcel : One, including landscaping, setbacks, and fencing, and precluding automobiles from having access to Parcel One from 77th Terrace and providing for. access to Parcel One. only from the parking lot of Parcel Two as shown on the plans filed with CITY in the appli- cation for rezoning. NOW` THEREFORE, the parties agree' as follows: 1. All of the recitals heretofore made are hereby incor- porated in and made a part of this agreement. 2. OWNERS do hereby agree that they will and they do hereby ,set aside Parcel One described above to be used solely and only for parking purposes for Parcel One above, for such off-street parking as may be permitted pursuant to the ordinances ,of the CITY, and to be used for parking only for the office building situate on Parcel Two above described, and for so lone as said office building remains on said Parcel Two. 3 . By recording . of this instrument the OWNERS 'do record a restrictive covenant running with the land described in Parcel One above, that it will not be utilized for any other purpose than parking and that no improvements other than parking facilities will be constructed thereon and no building shall ever be con- structed thereon for so long as this restrictive covenant remains in force and effect. The OWP'ERS do further covenant for their successors and assigns that the Parcel One will be landscaped and fenced substantially in accordance with the site plan use on file with the CITY, a copy of which is annexed hereto as Exhibit "A" . The OWNERS do further covenant and agree that there will be no access to Parcel One from Southwest 77th Avenue available by driveway or any other means for any motor, vehicle to enter on Parcel One from Southwest 77th Terrace in the CITY. 4 . The purpose and intent of this agreement is to provide off-street parking ,for Parcel Two, said parking to be on Parcel -2- . A One and at the same time by this agreement to prevent the use of Parcel One for any other purpose than as set forth herein and to prohibit construction of any commercial buildings or other uses on Parcel One which would otherwise be permitted by the RO zoning which is being sought for said property from the CI`.L'Y, and further . to preclude access to' Parcel One while it is used for parking facilities from the street known as Southwest 77th Terrace in the City of South Miami; and this restrictive covenant. mav be released only by the CITY or its successors. This agreement may be enforced by the CITY or by any property owner owning property within the CITY within a distance of 200 yards from Parcel One above described. 5. In the event CITY does not the granted ,RO zoning to, Parcel One above, then this agreement will be of no force and effect; or should the CITY ever return Parcel One to a zoning for single family residence as it is presently zoned, then. this agreement shall become null and void. IN WITNESS WHEREOF, the OWNERS have hereunto caused this instrument to be executed by affixing their hands and seals on the day and year above written. Witnesses HUGO A. IzSCITELLI . TERESA V!ASCITELLI STATE OF MARYLAND ) ss COUNTYOF ) Before me personally appeared HUGO A. TIVASCITELLI and TER'ESA MASCITELLI, his wife, to me well known and known to me to be the, persons described in and who executed the foregoing Restrictive Covenant, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. NITILE'SS my hand and official. seal, this day of July, 1972. Coi;unission expires: Notary Public, State of Niar v land -3- #$72-18 Hugo A. Ma.scitelli v/ U 5 FA I RG LA DE PARK B 1 E. 80 ' L 1 M. Rotolante & Mora.t 5701 SW 77 Terr. W. 75 ' of E. . -155 .33 ' L 4 H. Rhea. 7255 SW 54 Ct. W. 15 ' of L 1 All L 2 & E. 20 ' of L 3 C. BuSa.no 5751 SW 77 Terr. E. 75 ' of W. 90 ' of L 1 H. Ma.scitelli 213 Crestmoor Circle ' Silver Springs, Maryland 20901 L 3 less E . 20 ' & E . 20 ' L 4 R. Lanton 5765 SW 77 Terr. W. 100 ' L 4 Angelo Masi 5789 SW 77 Terr. B 4 W 70 'of E. 150:30 ' L 1 E. Stys 5712 SW 77 Terr. E . 80:30 ' L 1 F. Glenn 7550 Red Road E. 75 ' of W. 95 ' L 1 R. Messina. 5726 SW 77?Terr. W. 20 ' L 1 & 50 ' L 2 J. Gustafson 5740 SW 77 Terr. E . 20 ' L 3 & W. 50 ' L 2 M. Gla.ssner 5752 SW 77 Terr. L 3, less W. 30 ' & E. 20 ' E Corley 5764 SW 77 Terr. E . 40 ' L 4 & 30 ' L 3 E . Schipplock c/o .R''m A . Stuewe 8340 SW 62 Ave . W. 80 ' L 4 C. Rotter. 5788 SW 77 Terr. VICTORIA PLACE L 12 W. Sha.ndor 7800 SW 57 Ct. SECTION 36-54-40 A. Thoro 5864 SW 76 St. Green 7600 Red Road M. Fascell 610 South Red Road Dade County Planning Dept. 1351 NW 12 Street of If Ktt: James Duncan If If Dade County Zoning Dept- 1 1351 NW 12 Street