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LOTS 1-3 24-26_PB-YEAR-1953 i o I August at 1953 Hol3.ahan., Thue & Batts f 5849. :'.unset Pr i re %o, Box 1436) South i i, Florida t emtlo aon� Re •• Application ofihoma P. Jardine for Variance in Zoning 'Attention Mr. Monrad R» Thue,P Jr. Enclosed herewith you will, find ind h copy of Resolution #638, covering, .the Councilts action in the above matter. Very truly yours, CITY OF SOUTH TAIXTI { By ,SGM,-G Sylva G. 1-lartin, City Clerk one. I 1 1 RESOLUTION ITO. 638 A•RESOLUTION GRANTING AUXILIARY USE OF LOTS 1 29 3s , 259 2 6 Blk 1 WESTERFILLD HAVOR SEC. 3, PB 27-9 to THOMAS JARDIHE FOR TIIE PURPOSE OF ESTABLISHING A SCHOOL. WHERBAS, the Advisory zoning k Planning Board has reco=onded granting the auxiliary use described in the cap tion above, NO W0 THEREFORE f HE IT RE:OLVED BY THE MAYOR AM THE COUINCIL OP THE CITY OF SOUTH IIIAMT t FLORIDA: That pursuant to authority contained in Ordinanco 98, sEC IX-1, auxiliary use stated in the caption above is heroin granted subject to provisions stated in the attached letter dated August 18, 1953, from the South Miami Advisory Zoning. &- Planning Board. PASSED ASdD ADOPTED this 18th. day of August, A. D. 1953. (Sign James H. McConnell Mayor and President, City U ounoil ATTEST: ;Signed) Silva G. Martin City Clork 4 1 T August 188 1953 Honorable 11ayor and City Council City of South Miami, Florida Dear Lady and Gentlemen: Following is a report of reoormendations from the South :iiw,.I Advisory mooning and Planning Board in regu. lar sessions South Miami City Halls Prlday evening August 7, 1953: (1) Anplicati.an on behalf of Thos. Jardine for variance per Ordinance 9$, Section SK, Subsection I to permit a school at 4017 S. W. 59th Ave. That the application of Thomas Jardine for auxiliary use of Lots is 2s 3, 240 25 & 26 Blk 1 W S TaPIa l,D 11U10R SEC. 3, for the purpo€e of establishing a school on said premisess be granted subject to all restrictions of Ordinance 98, Sec. IX subsection 1 and the following limita Wb tions C 1. That said school be limited to children under 7 years of age and as a day school only. 20 Lhat it be subtiect 4o all hoalth and welfare remilations. 30 :shat the City roserves the right on reasonable notice of not less than six ionths to terminate this use for cause. Very truly yours. SGUi'i !IIA-jS ADVI UIX D OA' D By W. ','. Browns Chairman eHOLLAHAN, THUE & BETTS ". ATTORNEYS AT LAW 5849 SUNSET DRIVE SOUTH MIAMI,FLORIDA GEORGE L.HOLLAHAN,JR. July 31, 1953 - MONRAD R.THUE,JR. - P.O:BOX 1436 EUGENE N.BETTS TELEPHONE 67-2501 Mayor and City Council �. Attn: Zoning Department City of South Miami South Miami, Florida Re: Application of Thomas F. Jardine for Variance in Zoning. Gentlemen: This application on behalf of Thomas F. Jardine requests the consid- eration of your department in the matter of permitting a variance in the Zoning Regulations governing use of the following property owned by the applicant: Lots 1, 2., 3, 24, 25 and 26 in Block 1 of Westfield Manor Section #3 according to the plat thereof recorded in Plat Book 27 at Page 9 of the Public Records of Dade County, Florida. -Street Address: 4017 S. W. 59th Avenue. The present zoning of this property is R-1. Your applicant wishes to effect a variance under Ordinance 98, Section TX, Subsection 1. Special and Auxilliary Uses, for the purpose of establishing a school at said address. The institution will conform to the provisions of the above ord- inance and will be a reasonable and proper use of the premises, if permitted.. Your consideration of subject matter is earnestly requested. Respectfully submitted, 0 HOLLAHAN, THE & BETTS By Attorneys for Applicant MRT,mb a . f Z° 1� July 10th, 1952 Mayor and Council City of South Miami South Miami, Florida RE: Westfield Manor Sec 3, Block 1, Lts 112,3121 ,25,26, otherwise known as 4017 S.W. 59th Avenue, So. Miami, Fla. Gentlemen: As owner of the above described property I am re- questing that a permit be issued to operate a Private Day School on this property by Mr. & Mrs. Abner Reiter. The property is 224 x 135 ft. and is completely fenced and walled in. The play area will be on the Bird Road end of the property away from neighboring homes. The children will at all times be under supervision of licensed teachers and will not be allowed to be outside the walled area. Mr. & Mrs. Reiter plan to have children ranging in age from 21 years and will have 20 to 30 children. Mr. & Mrs. Reiter will conform with rulings by the Welfare and Health Departments, who will license the amount of children. . Very truly yours, :K. (Owner Thomas F. Jardine . (Lessee) Abner Reiter (Lessee) Florence Reiter, .,r 1444 Cecilia Ave., Coral Gables 46, Fla. July 15, 1952. Mayor and Council, City of South Miami, South Miami, Fla. Re: Reguest. for operation of a day school- Westerfield Manor Sec, 3, Block 1, lots 1, 2, 3, 24, 25, 26, otherwise known as 4017 S. "W. 59th. Avenue, South Miami, Fla. Dated July 10, 1952. Gentlemen: The reference request was presented over the signatures of Thomas F. Jardine ( owner) and Abner Reiter and Florence Reiter ( lessee ). It is hereby requested that the request remains as written©ver the signature of Thomas F. Jardine and the names of Abner and Florence Reiter be deleted. f Respectfully yours, 1 omas F. Jardine. PLAMW AND ZDNMG. WAS . Amt 19$2, . . b) �. Public � *9�� p� S �► ► Cow A 1 .'. Appli tI for !"Da` Nurse 'r on B I Rte. LOAM Y- ®RM, Seto-*Wok or Car 'Porte pow.' • `_ ``" Set-back Spa and 4 w t 'o and fjoatift) Set-wbaek for Beauty Parlor PAW Renicanw., Roquost to build on 75, frmta "d o xru app Xr* IS chin Mr* Aador4m ' Hr* Holtz f1rs #la f Augus't t 14onorablo Mayor and-City Council MEETING, City of south Miami., F14. AUGUST 195 , Gentlemen:, REPORT OF ACTIUN TAKEN __§L CITY OF''SCE N1A , 'ADV�I qr P N RD RFC N 12220 airm i% Fink Mrs, Glander Xro Schultz # Mont dme Mr# Garrison,, Mayor McConneil,. Counellu Dylan and Mc� _ ey# . City Clerk Mkrtin and 'City Engineer- James l 1 BA D d B S. xigm .GQ . CATION TC CLCSB .. th COU �w ACT t? ' A�: THE BOARD BECOME S REJ C C OF THIS AT THIS TD. Motion ma e Y s, ,01ander, "That ate roe-ommend to the City Councillthat .pe;rmissi "to"close 5.11. 57th Coin at this time, be denied, Montgomery ,saconde4 motidnt' On vote: Mr. 'Montgomery, - Yes �« Ger .ac�n �► �$ . Mrs. aiander « ► `fez ��, Schultz � No THIS, BEING A TIE VOTE Chairmn Fink voted Yes# !faking the final .vote 3 to two in suv ort of the Motio # denying. permission (and recommend timn to close S,W# 57th Court, AGT CN TAM€: TI BOARD,R�C0r128NDs ECTYCN B APPL uATIW t6XAMI.�3DS n� that dues a speciiL�. o1-8—i1`ieativ�ca not go into this area. The Board d felt that the suggestion viide by Chair n that a, Hearing beheld was not necessary. PPZICAT - OF THOMAS " JARDINE TO CONDKOT "bA ND E CT10 ' A BOARD R800M Nd�S REJECTION OF THIS - AP .L'iCAI ' ' "since this is a restricted. residenti�- '"neighborho oonn�ict with the ordinary. urea ,1--.. associated.with residential occupancy disturbing qu eta Y. peace and tranquility"* A f SAMUEL :J. WRIER '•� Std' BACK XCEVP It XT ©V. CAR PORE PRA TREET FOR,- PROPOSER-.-REUIDENCEI Notes .1h is, matter was referred to Board By fir. .Powell.vho was neat present to oxplain same and accompa4ying prints ., were turned over to Mro Nolan: a . TAX N� THE BOARD RECON&NDS ACS �� s. 'APPLICATXON N. non that ' aetbuest` 'a�z�ed the fx�onta s� o'n a very hide section off`. the street, and providing the Architect submit proper Plot. Plan. Indicating suggost+ed set--back holm street in question" BDIN ;SBA DACI dF CAR Pf FRp$�i S n �,INE: dote Tie 1utter. was r+ef erred to Board, Her Pte .l who 'was not present to explain same and ec omp ing prints. �6,r were• 90*ed over to gr* Nolaws ACTION, T IMN. ��`�HEBOA�'RD RECUU DS LCD PT'AN OF THIS AP UNANIIEYS;LY �. 6 sC U ST L LD N : 121!� Ro f ACID TAKEN ' � BOARD Rii D DS ACG PTANG OF THI 7 �.' Ct7R 't3 TICS, S' RBS ND APA '� S AND A)MOU3 BURROWS . -y f .TBAG These piano were.p s+ento ` y Martin Hat i, Arc�i�,tect t�b� stated..that ir. Powell queittioned the seti*backe and suggeste±� stxggest . an by our Board. ✓� AC`IC TAE: .Since Mr. Hauri stated the sletbatka had been rev uus. y approved by Mr. Powell, the Chairs suggested that r-. ,Haur , take the prints back tc fir: Pew® .1 der pl ► t i , and since we have heard no further$ assume it wale worked out a ats�`aet+ rilly RESPSGTFULLY' 3UBKTTSD. N, George. F 0, irman city of 9onth �s i ^iec� Pia nnin zoning 'r 14\y a4 �0\ - �,A 8� W4 Car V .011 , 88 lmeria �( Coral Gables* Fla. a Oet, 5* 1953 A �x R Mayor and City Council City of South Miami South Miami* Fla. Gentlemen: I am. a young physician willing and anxious to serve the people of South Miami* I would like to rent a residence at 5802 Bird road* whioh I would also like to use as qj of floe with residence in the rear* The legal description of this property is Lot 13$ Block 10 WESTERFIELD'MANDR PB 27-9 which is owned by H, A. Wi11ss In checking with your Zoning Inspector* I was InEcrmed that this is zoned for R-1 and would like to ask either for to a change in zoning or a variance to permit me/establish mgr office and residence at 5802 Bird Road, Please notify me at your earliest convenience if this can be done$ I remain Respectfully; Berk on B. Perry* M.D. e 7 88 Almeria Coral Gable s s Fla o I SOUTH MIAMI ADVISORY ZONING & PLAIRTING BOARD J February 26, 1954 Honorable Mayor and City Council City of South Miami.,. Florida Gentlemen: Following is a report of recommendations from the South Miami Ad- visory Zoning and Planning Hoard in Regular Session, South Miami City Hall, Friday evening, February 19, 1954: "le Hearing .(S P.M. ) on application of Helen E. Mills for variance to permit use of premises at 5840 Bird Road (Lot 13, Block 18 WESTERFIELD MANOR) for an office for one or two doctors. \ Recommendation: That variance be granted to Helen Hs Wills fC,\, to permit a doctor's office but that the R-1 ®J �' zoning be retained, and the character of the building remain residential* that the swimming pool, on the property be made .&q TO c,2 safe and sanitary and that such action necessary to make the swimming pool perfectly safe to the public and keep It from becoming a mosquito breeder and nuisance be afforded by tae. owners before the building is leased for the intended. use* .' Imes , doctor's office" 2 q Hearing S z 3C P�M on application of John J. Hoot for change of zoning to C-2 to permit use of NE corner Ludlum and Mi ller (w264'-S--SW-SW-SW,, 24_54�40) for erection of stores filling --station or other similar business Reoommendation: That the request be denied as this Is 'spot zoning.11 3 . C. Wittkow re amended tentative plan for his acreage in 36-54-40 (South of SW 74 Street and west of Std 62 Avenue to F.E.C. Ryo ) Hoardts action : Tentative plan approved as submitted but that a tern Forst wide planting strip be provided along the vest line of the property to within 11..6 feet of the railroad R/W on that line., Very truly yours. . ADVISORY ZONING & PLANNING HOARD Winf ord . Brown, Chairman WWB t s V� Q . . E8191g5� F ,SO a All coil °� NOTICE OF PUBLIC HEARING BY THE SOUTH MIAMI ADVISORY ZONING & PLANNING BOARD, Friday evening, February 19, at 8:00 P o M. at the City Hall, on application of Helen E. Wills for var- iance to permit use of premises on Lot 13, Block 1 r .WESTER-- FIELD MANOR ( 5800 Bird Rd. ) for an office for one or two doctors . All interested persons are urged to atte:)nd the hearing. Written approval or objection should be filed with the Board prior to the hearing. This property is now zoned for R-1 4 single-family) useo The Board reserves the right to recommend changes to Include adjacent areas, to change minimum or other restrictions, etc. , for the best interests of an overall comprehensive zoning plan. SOUTH MIAMI ADVISORY ZONING & PLANNING BOARD Winford Wo Brown, Chairman February 5, 1954 P"7-z 4, it FEB 18 .954 �-rav citr aF saurH MuuO ,I rsv I �i�,.Y•C �G�.;,z Zs�,.� P P � FEB ie :vsa i crtr or swre Iowa I srPSdA�y� � �'yL°9� V1 E E Do DR. JACK SOBER FEt 1S ^? 1718 BAY ROAD MIAMI BEACH, FLA. SOUTH TELEPHONE 58-24CITY of -`OUTH MAW FPO R . N-tt kw- a, ju BE 'U" E WE FEB 15 lgi4 . Zella Mae ParXish 5825 SW 41st- Street CITY Of SOUTO South Miati, Fla.. i NOTICE OF PUBLIC HEARING BY TliE S0UTH MIAMI ADVISORY ZONING & PLANNING HOARb, Friday evening, February 19, �t 8000 PoMo at the City Hall, on aDDlication of Helen E. Wills for var- lance to permit use of premises on Lot 13, block 19 WESTER- FIELD RANOR ( 5800 Bird Rd., ) for an office for one or two doctors . All intereated persons are urged to atte-zia, the hearing. Written an-aroval or abjection should be filed with the Hoard Drior to the hearing. This Droperty is now zoned for R-1 single-fa.lnily) use. The Hoard reserves the right to recommend changes to include - adjacent .areas, ..to change---m.3.nimum--or---other -r-estri-etions,, -etc. , for the best interests of an overall comprehensive zoning plan. SOUTH MIAMI ADVISORY ZONING & PLANNING BOARD Winford W. Brown, Chairman February 5, 1954 -7t - d s • - 4 %1 SOUTH MIAMI ADVISORY Z;)NING & PLANNING 90ARD � AGENDA FebrtDary 19 1954 1 a Hearing ( 8,-,00 Po(eta ) 'on application of Helen E. Wills for variance to permit use of premises. at 580 Bird Road (Lot 13b Block 1p WESTERFIELD MANOR ) for an office for one or two doctors,, Recommendation: That variance be granted to Helen E. Wills to permit a;',doctor's office but that the R-1 zoning be retained and the character of the building remain residential; that the swim- Ming pool on the property be made safe and sanitary and that such action necessary to make the swimming pool perfectly safe to the public and keej it from becoming .a mosquito breeder and nuisance be afforded by the owners before the building is leased for the intended,'_use (i.e. doctor' s office) . 2.. Hearing X8:30 P.M. ) on application of John J. Root for change of zoning to C-2 to permit use of NE earner Ludlum anal ,tiller (W2642-- 51-S'r -u-sw 24-54-40) for erection of store, filling st3t'lon. or other similar business,, Recommendation: That the request be denied as this is spot zoning. 3. C. Wittkow re amended tentative plan for his acreage in 36-54-40 ( South of SW 74th Street and west of SW 62nd Avenue to P.E.C. Ry) . o.ardt;s;;,actont: Tentative plan approved as submitted but that a ten- foot wide planting strip be provided along the west line of the property to within 116 ft. of the RR r/w on that line. 4. Letter from First Rederal. Savings and Loan requesting .parking lot information (hell over from last meeting) , t f� Geptamber 260 1930 Mrs flomard At Wills tzar et South Mmi 4"3, F1 orids Dear Mrs*,rIlle I Rot Application for building pamit Y for Ga`!Ce 15 k 25 va Lot Bloclt 1 e. Advic ark Zoblug Boord ,obooked your, anpliention and p1me cm the abate mrLthbr '=d'hss reforrod it' baGic "too"�oa for further dotails, as folio= 1, Not"suffioisiat,roozi botftm-pool and Borth ll— of proposed garogeo. ?. Original p1m. Mod for pmt does nit shorn location of septic tank and dra rs fiold. 3. Moor plan of proposed garage sh%va 's do t in I'MAt of gable amd too close to swiurAng pool and does not shy loeati n t3f drain fields 4* Plan does not thaw how east iron page f'roik fIxtm- s in proposed gerage roaches septic tank* j 5 Show neces sity for +oo let�e plumbing in proposed garage* Vory truly yours SDUMIAM AMIZORY ZMIRG �v,,VMG WMD 1 i ° Sync Syv City CU t4k r L� pr - � � { ` 00 r � { % ay ) � , 6 P. � Z ell 0 0 �/ J 11I57/f� a hto r ;)T .r G� �\1 " ROGER H. EDWARDS ATTORNEY AT LAW SOUTH MIAMI, FLORIDA fj TELEPwONEB.®JP•rD N - REB. 67-3961 k Barger Building 67-3097 December 23, 1953 o Zoning Board City of South Miami Florida Dear Sirs ; I have been asked by Howard A. Wills, the owner of the following described property, to-wit; Lot 13, Block 1 of WESTERFIELD MANOR, SECTION 3, according to the Plat thereof, as recorded in Plat Book 27 at Page 9 of the Public Records of Dade County, Florida, to request a variance in the zoning now existing on the above des- cribed property. This request is based upon the following facts : 1. The property in question is a corner lot located directly west of -a block devoted wholly to small businesses, grocery stores, etc., and because of that is unsuited for residential use. 2. The requested variance is desired for the purpose of using the aforesaid property for doctorst offices and not for any retail business whatsoever, and as such it would in no way disturb peace or quiet enjoyment of the surrounding residents, 3. It is proposed that the property will be used for at lease one and possibly two doctor's working independently of each other and in no respect will the propertybe used for a clinic if a variance is granted. 4. At the present time the premises are not suited for residential use because of the proximity to the business area above mentioned, and are unavailable for business use because of present zoning restrictions. We therefore request that you take appropriate actions necessary for a variance in this matter and sent to us a petition or application for said variance as well as set a date and send notice as you so determine so that this matter may be expedited. Ve ly yours, *1 14a-h��_ RHE :aem R0 ER H. EDWARDS NOTICE, 011 PUBLIC IiLAR.AN TS '.,13 Ti:;1:; C��F1Tii F•TlA1�� ADV190RY Z0.R,IF+TIC 30 ARD 3S 1.9.55 AT T 1 /�[C01�KI1UNA.TY B1.ILD APPLICATIONS* AT x;00 P,l:l o p 1,I l�T .t� 'tr'_'.. ICJ r.wt�i:'J L1�FU K.�'{. LIC i�.1ION c ' . . 1 ,asseil for chenge B11.sgel,l a xd V r AppllcatiFn of ;rt1r � ( o�l Prorft, tE3}i1poI'f+'iry to P-6r 'xa:f ent for. }:'l,`ne €l home on E' o 1.ca0� ` : S o 1. ft- , :. '1`rTcl, d •oG.k n R055vd�.+OD PB 13�� 9 located G. 3 �t _-t =hive y BQ RD�S EEC�?P nA` _1I p a'u .rho �^ gca ; cu�i �rar sub- an bo �ra�;��rd �u��„ f act to ,2o-t_ba'Cks - :d..plane ng ,.-o.bt. apP�'ra��d. and x*Qeor -n ded. by tha Planning. Board era to'.: .. o1o��atica�aa and d©€� and 'also aubjact to � the Jolning in on the r&qugat for var°i ce b fro �1a1 tex> Wllhal'Un 2 o A .pl ics.t:10n. of. •N L. Nason and others to rezone Lots 4 to 11-9: 1 to -25j? Air T,RTCAN TOfiNSI'a'1;' CO . tSUBn o PB 3134- fram RU-1 to ';exit- ,ous zoning,, These lots f ace sw 59 Place north of S1 BOARD e S RECOT,4MENDATION: The Board rocognizoo the no6d.' f°or u chan.ga in zon.ins of thin proporty"and. pos_a1.'bly thQ adjacent ar oam¢ but proposo s tb;; fi nal " aoti©r. until �� 't�rc r co3p� of tfib Planning B®erd° a r-scommendationa for. rho 4 d aunt aaroa. . a 3- Application of. Howard B. Roeen.s DDS, for variance to permit . dental -.jin.ic can Lots 9, 100 Block 3, ', ESTEIVIELD IHANOR,, +e0- 3. . an 2,9'-:,'PIz 18-4 f p just west-, of Ilea ;{os�d oil, S,�,' �� Street„ (No. ,' zoned RU-I,, , BOARWS RECOMSDl;TION: That the application for variwnea as mquested ba grantod accor=dinr to the pl.ans toad specif scat ion.o presentod to the Board Acx&Q • 3 �a� �e. Lem`'' ..`�l �� >. Al" interested persons are urged to attend.. 'Wrl.tten approval, or with the Bca��cl prior to the hehearings.objections should be filed If objections are not, expressed at the pub�.f.�, hc�ax°a.rwg or the toning Board is not notified. by mail# silence on the part of persons so notified. will ' indicate. tY�eJ_.r tacit, approval,, The Board reserves the right to recomIllf, Id ck.ariges wit each aii�;a9 to change minimum. or othex> restrictions, e%,c o ,� for the best inter' is of an overal.•l compxl ehensive zorAng p?a.o SOUTH MIAMI KDIrISCRY ZONING & PLAI1:fNG BOARD May �3p 1955 'June 24t 195 Dr, Howard Rosen 3633 Ponce de Leon Blvd,. C.ordl Gable a,, 'Plorida. Dear Dr. Rosen.. Enclosed is a copy of' Resolution 110, 783—A granting you the desired variance which IY ill Qn b a le you to put up a dental clinic on Lots 9 and 14 Block 3 WESTERFIELD MOOR j See. 1 and 2 PB 15-47: subject to the condl.tians set. forth in said Res .lution. Your next step ,will be getting your p1me and making your application ,for building per.. mit.At that time you should also submit a certified survey of the property involved. Very truly yours, Who SGM SylvO a-. Martini ,City Clerk ' RESOLUTION NO 7$3 A A RESOLUTION AUTHORIZING AN EXCEPTION TO ORDINANCE NO. 276, COMONLY KNOWN AS THE ZONING ORDINANCE, TO PERKIT A VARIANCE FROM THS-4 RU'el USE PREVAILING FOR THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: LOTS 9 AND 10 BLOCK 39 WESTER- FIELD MANOR* SEC. I ALT 29 PB 18-47 PUBLIC RECORDS OF MADE COUNTY,, FLORIDA AND H1WBY AUTHORIZING .THE USE OF SAID PREMISES FOR A DENTAL CLINIC. WHEREAS, the Advisory Zoning and Planning Board.has conducted a public hearing on the application of Howard B. Rosen, DDS, prospective purohaser, and John Gaz1a.y, owner of the property, for a variance to permit a dental clinic on Lots 9 and 10, Block 3, WESTERFIELD MANOR, Sec. 1 and 29 PB 18-47 ]Public; Records of Dade County$ Florida, and WHPJMS, the Advisory Zoning and Planning Board has submitted its recommendation that above variance be granted but limited to a dental clinic as per plans and spe6l.ficatioa:3 submitted meeting all residential set-back requirements, to be no gr=eater than one-story high and the building to be of residential character with provisions for sufficient off-street parking to accomwdate the needs thereof, and WHEREAS, the said reco :endation has been thoroughly investigated by the proper parties and appears to be a proper suggestion, NOW,, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI*- Section is That a variance fro the existing RU-1 use controlling Lots 9 and 109 Block 3, WESTERFIELD MANOR, Sections 1 and 2, 'PB!18-47 Public Records of Dade County, Florida, be granted so as to permit a dental clinic subject to the limitations hereafter set out. Section 2. That said dental clinic shall house no more than two professional offices for use of medical doctors or dentists, meeting all residential set-back requirements, to be no greater than one story high and the building to be of residential character with provisions for sufficient off-street parking to accommodate the needs thereof. PASSED AND ADOPTED this 21st day of June , A.D. 1955- (signed) Carl. Gluck res ding finer$ C ty Counc ATTEST: (signed) Sylua G" Madtin alty Clark �J °a as e J na'a • D� nu Go _ n OFFICE OF PLANNING,ZONING & BUILDING DEPARTMENT 1 4 0 3 C O U R T H O U S E PHONE 3-4721 < It L<<' MIAMI 32. FLORIDA May, try, 1955 JUN 1955 South Miami Advisory Toning & Planning Board CITY OF SOUT4 �:; City Ball- South Miami, Florida Attention - Edgar E. Shafer, Vice-Chairman Gentlemen: This department wishes to enter objections to the proposed variance applied for by Howard B. Rosen, DDS, for a dental clinie on Lots 9 and 10 of Block 3, Wasterfield Manor, this application to be heard on June 3rd, 1955. The lots in question lie immediately east of property located in the unincorporated area which is zoned RU-1, and of course the bulk of the property in the area is under the jurisdiction of the County. Dental clinics not being compatible with single family residential use and being a limited type of business by reason of gear orating additional traffiea,both pedestrian and vehicular, it would be very objection- able at this location, detrimental to property values, and to the single family use in the vicinity. It is earnestly requested that your board deny this application for variance, Very truly yours, L R. F. Cooks, Director Dade Co. Planning, Zoning & Bldg. Dept. RFC/�h a._ yy ter. rr�s �__ _-:re � r --� _�►� � �� r r•��r �r� - �i ��r�1 ` r - � -- - r ti rt r�r� - �rrie r , r � �. C'� �► \'"ti . �I - r�r - � � r�rr� s .�rr.rrr.��.� �rr,�C�■�.r.�,..�_ - , • �rru ...... ,rrCr. - err: r�r - 'r�r;r�rrr�rrrrr��r� r wr - �+rr� �woir■rrrr�� ■r�rr��rrir�r - r = r�rr� _ . r��r�■�ii 0� ��rrr�rri r r� DEPOSIT RECEIPT PAPCO'S FORM 30 PAPCO PUBLISHING CORPORATION MIAMI 36. FLORIDA MIAMI_._ _...._., FLORIDd ....__... ' .. ,t............... 19.., . fttf pt to Or* 4-M-1-uowtebgeb of Me gum ot: $-_Thousand.and go. =_w.� .4* 4*..:*.0....4. �W ollars($- t��,� from. _. ........._.....�_..........._............---..._...............................................................................__.. as a deposit on,accognt of the purchase price of the following described property upon the terms and conditions at stated herein: Description of property: Lots 9 and 10.# Blood 5# of WESTEM72M W4 s 31ACTIOs Two# aka" cord" log to the .P1 th�►x�a 0f* "00rd8d Flat S k 18 y At `a�g+� 47$ of that PublIa Records of Dada -'onnt ^ norI4,;' Purchaseprice:.. V$A h0 And..ond -NO/100-_ _�.. :._........� "` '"` '�0000*oo .............Dollars($.. ........._.�) Terms and conditions of sale: All 098h a 'the time- of olosiz. g,. of I&Joh the �+� deposit to 4 part* This transaotion to oonting4mt upon tb.0 Sellerti, obt��.�k� varianoe # s' �+ b l� . tai: cllni* with n1 e , 9 dery horoot And t t� hr�roin ;provld* for close. $hall be extended for a� period of twenty' 20) doo after tbo prop►. MrOm n of said Vori c pelt aid fuizishlzg of an Abs traot as hereinafter provided,, for title insurance by a ti company* Deferred payments ''to bear interest at 'the rate of per cent per annum, payable as follows: Taxes,insurance,interest,assessments rents and.otker expenses or revenue of said property shall be paid;assumed or pro-rated as follows--------------� -------- ,a ...�f ' h date `• i �r............. •- ..._. Certified liens shall be paid,assumed or pro-rated as follows:_.... Paid Y sL. Sollor# ....... ..... . . .... ... Assumed by �reha� * Pending liens shall be paid, assumed or pro-rated..as follows..-.---. ...... ...... -.-_ ....,.... It is understood and agreed that this property is being sold and purchased subject to the restrictions and limitations of record common to the neighborhood,and subject to any easements for public utilities,which may be of record, or may be- come liens through pending legislation before consummation of contract. It is agreed that this transaction shall be closed and the purchaser shall pay the balance of the.VT h s* price and execute all papers necessary to be executed by him for the completion of his purchase within---_............_-------days from delivery or tender to him of an abstract of the said property;otherwise the sum this day paid shall be retained by the seller or agent as liquidated and agreed damages,and the parties hereto shall be relieved from all obligations under this instrument. The seller is to furnish an abstract showing his title to be good and marketable and or insurable,but in the event that the title shall not be found good and marketable,the seller agrees to use reasonable diligence to make the said title good and marketable,and shall have a reasonable time to do so,and if after reasonable diligence on his part said title shall not be made good and marketable within a reasonable time, the seller shall return the money this day paid and all moneys that may have been paid to him under this contract,and thereupon he shall be released from all obligations hereunder. Or,upon request of the purchaser,he shall deliver the title in its existing condition. This contract shall be binding upon both parties,the seller and the purchaser, their heirs, executors or assigns, when approved by the owner of the property above described. NOW __.._....._._.._.__................r._._�—...._.___..,Broker By.. _...------... --.._...._..._....._...._......................... I,or we,agree to purchase the above described property on the t and conditi. •st d in a oregoing i ment: --,K e a. .. ... ?.:C..:.�- .... _ : ......_.. ..... .. ..7..� ' ..{. eal) --•-.......... ....... ...:........ ............. ......-............._......------ ------------......(Seal) 1,or we,agree to sell pend1wJ 4pe j% a bna re er a .and corldttions sta in the above instrument. a1 a W161;4 d. Witness: .... �1ar _:_....J..� 0l.,aC4� ------ --f ..�.._. .... � ......._ .�...._..... ...._____...._............_...(Seal) I,or we,agree to pay the.above signed broker,as commission for finding a purchaser for the above property, the sum o f...................................-....-......................_.--••--------._........... .._..................................Dollars(.$._.......................)or one- half of the deposit,in case same is forfeited by purchaser,provided same shall not exceed the full amount of the commission. Witness: -......----•--•-----••.............._....................................---__............. ...................-.............._....._................._......................(Seal) ....--•....................................._........................ ...................... .......................__..................._.............._......................(Seal) �I r a 4 o ~ o` vs � f it o Q6 It a z J _ m v /Q ° i m a 46, 4-0 IL MI :salldxa uolsslwwoJ Xyy 6[ Y 'd' fo ,Cvp siyJ `aivig puv XJuno j p!vs Jv lvas lviai(fo puv puny Xw Jas olunamy 1 'JLIJ.1,34M 003un ult •aJVJSa aJvlvdas to lamop fo lagJagm°paq!lasap upjagJ 'AJladold ayJ u, Jsalafu,puv`aIJU fo Ilv °uiXaauoa puv guiysinbuilal fo asodlnd aqJ lof 'puvgsng Jay wulf to fo lvaf to uoisuayalddv °ju,vilsuoa °uolslndwoa Jnoymn puv XIppJunloa puv,Claalf Juawn.11sui pivs ay) paJnaaxa ays Jvgl `puvgsnll lay wolf Jlvdn puv XIaJnlvdas law alo faq pa9palmouyav Xvp szgJ ays mill pun ' pivs fo af!m aip aq of aw o1 uazouy si p►vs JvyJ AdIIH3d H3HIHI]d 1 (I.V '%Juawnosul pies aqJ paJnaaxa,ogm puv u1 pagyasap lvnpinzpui ayJ aq of JuawYpalmouyav plvs gu7yvw uouad pivs ay) mouq 1 JvgJ A.IIZHHJ HHHIHIIJ 1 puv°JuawnlJSu1 9ulolalof ayJ p"naaxa myJ aw alofaq pa.Qpalmouy.,v ,tivp v.np puv `unouy ,Cllvuouad aw of aw alofaq lvaddv nllvuovad pip a1ayJ JvgJ d,11193J A9393H `3uiJav puv pay?lvnb Xjnp 1p!,ol,i fu,,1vtg aqi fo s:nvl aV)of guipioa.)v lspaap fo sivawgpalawuyav ayvj of ", poginv mM§o--uv lI i �I � Ef JA V �33, D F i "CITY OF SOUTH MIAMI► 1.r APACATION FOR PUBLIC RARING CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for City Clerk's Files.) 1. Name of Applicant (print) Howard B. Rosen P1 (1 ).................................................................................................................................................................................................................................... 2. P.O. Address of Applicant ...........4.I00.... c'd...ROad South Miami.,...:.Fla. ................................................................................ .x...................................... . . 3. Address of property covered by applicant..........._.......................................................................................................................................................................... .............................................................................................._........................................................................................................................................................................................................... . 4. Legal desc!ripti.on .........Lo $.....9...sa..ads.....1.4.,.._.UX......'i Manor......See........1....and....2.......... PB 18 - 47 ............................................................................................................................................................................................................................................................................................................_..... 5. Present zoning requirements ...........RT...........I....................................._.......................................................:................................................................................._..... ..................................._..........................................................................................................................._............................................................................................................................................... 6. Proposed changes ........... La. ' ,&.# . .4.....tSJ.....p ,2'ID,l,..t...dnal.... . .. ?z ..................................................................................................... .............................................................................................._................................................................._................................................................................................................................... ........... 7. Are 3 copies of detailed plans and proposed uses attached? .................................................................................................................................... 8. Name and official widths of abutting R/Ws.....................5.V..x:1.....2..1................ .Q.l........................................................_............................. ...... ............................................................................................................................................................................................................................................................................._............I...................... 9. Additional dedication proposed .............110.19......................... ........................................................................................................................................ ... ........................................._...................................................._................................................................._............................................................................................................................................... 10. Will dedication result in public ownership from center of R/Ws to offic.i.al width of abutting lot?..................... 11. If applicant is not owner, is letter of authority from owner attached: QQP.Y..,,Of dsPOs t receipt ...................... ..... . 12. Type of FIearing? .....Pub1.. C ...._.........._......................................................_................ .... 13. Date of hearing ............June.....73.s......19.5.5....................................................................... .........�...1ho........��..................... 14. Fee paid with /application $...�Q.��Q......................_..............................._.....................� ......... Y....!..........................................._.....I......................_..... 15. Date Paid ............'.......,.............. . .)....1. s.. ............................................................_.............. ........................_........ ...................................................._......... ..................._..... Signature of Applicant............... .... .................... �� APP&ATION FOR PUBLIC AARINO CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for City Clerk's Files.) 1. Name of Applicant (print)..........."rd B• Rbt�A ...................................................._.........................................................-.............................................................................._..... 2. P.O. Address of Applicant ...........4.10...�,e.1�....R114s.....�0..Q1.4�!�...��r8��►.s.....��.�1d s..........................._.................................................. 3. Address of property covered by applicant..........._.......................................................................................................................................................................... ..............................................................................................................................................................._.............................................................................................................................................. 4. Legal description ....._...LOU....Q....aud X=ors.....3-ea.......I.-And....2._..... PB 18 - X47 ............................................................................................................................................................. 5. Present zoning requirements EW ! I...................................._............................................................................................................................................... ..............................................................................................................................................................._.........-.............................................................................................................................._..... 6. Proposed changes ..........._varl.>� 0.9...to....9.8m1' t...i',8x1,tAl.....4ll1ia............................................................................................_..... ..................................._........._............................................................................................................................................................................................................................................................... 7. Are 3 copies of detailed plans and proposed uses attached? .................................................................................._................................._........... 8. Name and official widths of abutting R/Ws......................W.._41....Mtne.............5 0.0.................................................................................... ....... ............................................................................................---................................................................................................................................................................................................................. 9. Additional dedication proposed ..............]U0 19........................................................................................._....................................................................................... .............................................._................................................................................................................................................................................................................................................................. 10. Will dedication result in public ownership from center of R/Ws to official xvidth of abuttin. lot?..................... 11. If applicant is not owner, is letter of authority from owner attached: C.9-P, 9.f.aa�f0>s��.t. PA4A3p.�► .................................. 12. Type of Hearing? ......Publ ld........................._....,..................................................................................................... ......................... ._..... .. .. �� 13. Date of hearing ............J�"....,3...�t...A9 5...5........................................_..............._....................................... ..........._............................_.... ............ ....1j. 14. Fee paid with application $. Q,00.QQ . ...................................................._........................................_.........._. ................ ...... 15. Date Paid ........... . 1�.6.<.......................... ...... /: ' res� Signature of Applicant........................................ ' APPOICATION FOR PUBLIC AARING CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for City Clerk's Files.) 1. Name of Applicant (print).......... _..... ..................................................................................................................................................................... 2. P.O. Address of Applicant ...........#100 Red...R024s....SO?XV.7.... 1 al.o.. FIA.................................................................................. 3. Address of property covered by applicant..........._...................................................................................................................................................................._..... .............................................................................................._................................................................................................................................................................................................................. 4. Legal description .........TA-t a....9....and....104....Elk......3.o..._WA;I.aid.10.1d....liii O.r..#.....i*Q,a..A....!!tn!'G�...2........ PH 18 - 47 .............................................._.........................................................................................................................................................................................................................................................._..... S. Present zoning requirements ........... ....!!! 1...................................._.........................................._................................................................................................... .............................................................................................._................................................................_............................................................................................................................................... 6. Proposed changes ..........._.Vari' a's... Q..... lit .',� r... 1X1 '4 .....02U1.0............................................................................................._..... ..................................._..—..............................................................................................................................................................................................................................................................._..... 7. Are 3 copies of detailed plans and proposed uses attached? ..............................................._................................................................................... 8. Name and official widths of abutting R/Ws................... o... ..Al....a't..,.............5 ......................................................._................................... ....................................................................................................................................._................................................................................................................................................................._...... 9. Additional dedication proposed ..............1 ....................................._.........................................................................................................._................................. .. ........................................._......................................................................................................................._............................................................................................................................................... 10. Will dedication result in public ownership from center of R/Ws to official ividth of abutting lot?..................... 11. If applicant is not owner, is letter of authority from owner attached: ....0 '....t @?08 ,'�'i....t`@4Q ,��i 12. Type of Hearing? .........I!kl. .or....................................................................._...................................................._.........................r ............................................._ 13. Date of hearing ...............!Aqq....',?...:.._.1.955..................................................................................................... . ... ..! .. ........`.� ......_...... 1� • 14. Fee paid With application $...�.Q...Q.Q......................._..............................._........................................................ ............. .................................................._..... ��jj�� . ... 15. Date Paid ..................L.',.!........ .....1 . . ... ........................................................._... ................................. .............................................. ........ Signature of Applicant.... .. ............................. ..............._............................. ......... GS-� _..... ..a......................... LAW OFFIGEs BENJAMIN E.GAREY OCT 13 1955 INGRAHAM BUILDING MIAMI,FLORIDA pUTH MIAMI October 12, 1955 Honorable Carl Gluck Mayor of South Miami City Hall South Miami, Florida Re: Application for rezoning to, permit operation of an under- taking establishment at 5826 Bird Drive (Lots 9, 10, Blk 1 Westerfield Manor Sec. 3, PB 27/9) now zoned C-1, sub- ject to an overall plan. Dear Mayor Gluck:- I am forwarding you written Objections of Mr. Donald Smeltzer, who is the owner of lot 17, block 1, Westerfield Manor, which immediately- adjoins and is at the rear of the above-captioned property. Mr. Smeltzer's ° property is now zoned RU-1. I respectfully request that these Objections be filed with the City Council and that they be considered along with other objections heretofore filed. peotful n ly yours, BEC :L. Benjami E. Carey Encl. OCT 13 OBJECTIONS C171Y O C City Council of South Miami South Miami, Florida Re: Application for rezoning to permit operation of' an under- taking establishment at 5826 Bird Drive (Lots 91 10, Blk 1 Wes terf ield.Manor Sec, 3, PB 27/9) now zoned C�:-1, sub- Ject to- an overall plan. To the Honorable Mayor and Members of the City Council of the City of South Miami, Florida: The undersigned, Donald E. Smeltzer, owner of Lot 17, .Block 1, Westerfield Manor, do hereby object to the ap- plication for rezoning to permit operation of an undertaking establishment at 5826 Bird Drive, Lots 9 and 10, Block 1, Westerfield Manor, See.- 3, Plat Book 27, Page 9, now zoned C-1-, subject to an overall plan, and protest the ruling and recommendation of the South Miami Advisory Zoning Board, and _ hereby respectfully request that the recommendation of said Advisory Zoning Board be rejected and that the application above mentioned be denied and disallowed. 49 Donald\-E. melt _Box 623 Larned, Kansas i s. 0` LAW OFFICES BEG ` BENJAMIN E.CAREY INORAHAM BUILDING OCT 10 1.955 MIAMI,FLORIDA October 7, 1955 CITY of SOUTH MIA MW Hon, Carl Gluck Mayor of South Miami City Hall South Miami, Florida `Res -,, �,pplic,ation for rezoning to `permit operation of an under- taking establishment at 5826 Bird Drive (Lots 9, 10, Blk 1 Westerfield Manor Sec. 3, PB 27/9) now zoned C-1, sub:.., ject to an overall plan. Dear Mayor Gluck:- In view of additional objections having been filed by numerous property owners opposing the above ap- plication, including objections from residents of the immediately adjoining. RU-1 zoned property at the rear of the above-described property, the undersigned attorney for Regina Fleischer and other objectors, does hereby respectfully request that the City Council of South Miami refer to the South Miami Advisory Zoning Board the above application and all objections thereto, for further public hearing .and re-consideration. Will you please authorize and direct the Clerk to place this request in the order of its priority under Item 3 of your agenda for matters scheduled to be heard at the next meeting, October .18, 1955, at 8:o0 P.M. v� Respectfully yours, BEC :L, Benjamin E. Carey MINUTES OF THE, RXGUIJAR MEETING THE Cl'V COUNCIL OF SOUTH MI MI HELD CIS IESDAY, =10BER=10B 4 s A.D. 1955 AT E -0 1TY BUILDING C� AT 3:00 P.M. for Gluck called the meeting to order with all Councilmen, orney Probys Clerk Martin, anal. Mr. Loylessa acting City ager in the absence of Mr. Bishop, present. ncilman Corley seconded by Cop�ci,la n Bryant, moved that the a-as o£ the regular meeting of Septe ber .20 be adopted as ividually read. Motion carried Councilman Corley, sec6nded by Councilman Bryant, moved that the minutes og the special meeting of September 22, recessed to September 23, be adop test, as individually read. Motion carried PE771TIONS C lUNICATIGNS: 1. Andrew Thoro - request for change in zoning (acreage at 7600 Red Road) Communications relative to this matter were read. Councilman Tevis, seconded by Councilman Corley, moved that the request of Mr. kid.rew Thoro be referred to the Planning Board and the Zoning Board for their recommendation. Motion carried 2. George L. pollahans Jr. , request to be heard on the Dr. K. A. Bastholm matter (E. 137k ft. Tr. 4D LARKINS FOREST NDED) Correspondence relative to this matter was then react to the members of' the City Council. A report of the Planning Board on this matter was also read, asking that this matter be tabled until the return of the City Manager for conference and study. . Councilman Corley, seconded by Councilman Bryant, moved that the Dr. Bastholin matter be tabled until the return of the City Manager so he and the Planning Board may get t®ether . on whatever reco ea tion- 3 they have. Motion carried 3. Willies Segal, request for permission to out a. window in property line vyall on second floor of . Crossroads Buildib%_" After some discussion the following mmzotion, took place: Councilman Bryant, seconded by Councilman Corley, moved that due to the fact that this is a temporary affair, this request be granted. Further discussion was had on the matter in which Councilman McKinney added the amendment that -proper agreement in writing a . o American Institute;;of Architects Committee for revi.ewitig. resi.dewt for George Lawlor at 6861 SW 77 Terrace. The Plannihg Board advised..that the cmdttee will sit its report in writtaing 'at the' Opt®her 18 meeting. No action was taken by the timbers of the City Council. D. Zoning Board 1. "Robert Vixacin and James Dean: Application f®r rezoning under specL41 uses and conditions to permit operation 6f an undertak.ing establishment at 5826 Bird Drive (Lots 9, 109 % Block 1 WESTERFIEM FOR, Seg. 3, . PB 27/9) now zoned C-1,, susb® ject to an overall plano99 1130AID 0a WAT1ON: That insofar as the zoning is concerned, that the variance requested be granted and that the City Council put in any restriction: that they deem necessM to protect the p1atMing6 especially as to parking, character of building, etc... 1t- a the Board's belief that as long as the building remaLas its present size there will not be much of a parking roblem because t does. not bend itself to large gather® ings. The i reason for. recommending the granting of the .vane La based on the . fact that there were no objections from the real- dents of the immediately adjoining-RU-1 zoned property (at . the reap,) that iall objections were from o ers of property already zoned C-1 md might be ;ec sidered as couflicting with their om plans for their property. . A lettter-from the Planning Board was also read, requesting that this iiatter be tabled until the next regular Council meeting. A better from- W.- D. Stiles was read objecting to thiS venture,, and one from Mrs Fleischer Other. objections were read, some the City and others from without; i.e. , two petitions. Councilman TevLa wished to know wh$ these people had not ap eared at the pusblic hearing to object. was . ®rd that to City had ,installed signs on the property notifying the rblL c o f the contemplated change in a®nLng throw h s puablic ari g, but they had been removed shortly thereafter.' Mr. Sea Carey addressed the Comcil in behalf of the objectors and Tr. Jack Eakle, attorney, spoke in behalf of .hLs clients,, n:;and . VLxsam. , After coneLderable' diseuassion the follo4ing action took place: Councilman MKinney, seconded by Councilman Corley, moved that the request of Winsam and Dean for a funeral home oz�Eire. Ro&l be denied. Lotion failed by polled vote, as follows: Corley-yes; Eryantmno; Annis -no; McKinney-yes; Tevis®no Councilman Anais stated than he voted "no" because he has not yet heard any recndation frem the .Planning Board with reference to t hLs. matter° tether discussion ssion followed. CouncUmn Bryant, aeconded by douncil Annla,' m oved that the Council h1old this smatter over until the next regular Ming and at such time Planning Board can come with their recom mendation. Notion carried, with Councilman McKinney asking that his f°no19 be noted in the voting. 2. 'Nary C. Speyer by Spencer H. MelUester, application for variance from minimum square foot requirements to erect a home on Lots 19, 20 and. 21, Block 1 BIL 0 I aGHrS PB 21/34 (75 x 100) in the 6200 block on the south side of SST 48 Street. "BOARD'S WWND ION: That this variance be granted." Councilman Corley, seconded by Councilman Bryant, moved that the recom endation of the Zoning Board on the Speyer application be accepted. . Motion carried 3. Q°S: o, Inc. , by Veyman Hickey, attorney, application for variance to pezzit construction of a 4-mit efficiency apart- ment building on Lot 21, Block 4, FRANKLIN Std. PB 5/34 as any addition to an .existing business building located on said lot at 6500 SW 59 Place. 11BOt "S REC ION: That this re quest be rejected primarily for the reason that it violates all of the zoning code for the use of the ground; that it should be used and developed as a crcial lot or the owner should change the character of it and make it a residential lot, but whatever is done should comae somewhere close to the minimum requirements that the Council .has set up./0 Councilman Tevis, seconded by Councilman Bryant, moved the recom- mendation of the Zoning Board be approved. Mr. Weyman Hickey,, attorney,, was present and spoke in behalf of his client. After such discussion the court reporter was requested to seed back the motion. This was done. Notion failed to carry, by poll, as follows: Tevie•yes; McKinney-I am going to vote no because I would like to beer from the Planning Board on the question. Annie-yes; Bryant-1 am going to vote no. Corley-No,, I want to hear the Planning Boarrd°s deal on that. After further discussion Councilman Annie, seconded by Councilman Corley, moved -' _:. to refer this particular matter to the Slum Clearance Board and the Planning Board for their joint recommenda- tions. Motion carried by poll, as follows: Tevie•yes; McKinney-yes; Anmia•yes; Bryant yes; Corley-yes The final item on the Zoning Board°s report was read as a tatter of record only, as follows: "Notice from Dade .+✓thirsty Zoning Department on application for variance from minimm square foot requirements to permit re- subdivision of trract .108.26 T 1,47.58 into two 73.79 x 108.26 • 9 p J' �, H.GEORGE FINK,A.I.A. Chairman �. : City of South Miami r aoo�To P.O.BOX 867 'fl27 SOUTH MIAMI 43,FLORIDA Lpgl� Re: Application For Rezoning For Funeral Parlor for ROBERT WIXSOM & JAMES DEAN, Bird Road, South Miami, F a, October 3, 1955: Honorable Mayor and City Council, City of South Miami, Fla. Gentlemen: We received a copy of reccomendations of Zoning Board relative to the above matter on Friday, September 30, 1955• Since this is a matter of great importance not only to the applicants but to the City of South Miami, and since we wish to present definite recommendations, we hereby respectfully request that this matter be tabled until the next regular meeting of the City Council, Tuesday evening, October 18, 1955• At that time we will have our recommendations in full for presentation to your body. Respectfully Submitted, CITY OF SOUTH T9IAMI PLANNING BOARD, Chairman HGF�dsf 0 Y f f nor Application For Razon3 For 1 eras, .. Po4or for 10 wIx80x Bird Road, utTi'�'�aiI `. as ^I Octobor 3, 1955: Honorable Mayor and-City Com,4 , City of South M .aei, PUS E��nntlemm�t: We received a copy of reccomendations of Zoning Ord re Utive to the 0ove matter on Friday, September 30, 1955♦ Since this is a matter of at importance not. *nly to the applioanto but to the Olt p of South and since we wish to present dofInito recoamendations, we hereby respectfully request that this matter be tabled until the neat regular meeting of the City Council, Tuesday eveninst ,October 18, x.955• At that time we will bays our rocceeomIationa In ll for presentation to your body, Rey actft .y Subaitted, Cam` +Cy" I)OMM MANX pLANUNG BOARD, Chaff 907/'daf r �' fI � I f i f � i V , �AMM i t i / l C 0 P Y WESTERFIELD MANOR Sea. 1 & 2 PB 18-47 (Blks 2# 3) Sec. 3 PB. 2M (Blks 1, 4) Re. Hearing September 23, 1955 on Lots V, 10 Blk 1 for FUNERAL SOME I}j, Block Lots 3924 To F, Jardine„ JW�4 Cecilia Ave,,r .Coral Gables Lots 4, 5 Geo.. M. Campbell* 50 E. 5th St;,. Hialeah Lot ,6# W. 12it Lot 7 Grant L. Kidders, 5858 Bird Drive, South Miami Lot 7 Tess W. 12J1, Lot 8 .Regina Fleischer, 2 E. Beach St., Long Beach, . N.Y. Lots 9# 10 Wixsom & Dean '- applicants for FUNERALHOME Lots 71# 12 May Sober# , 1718 Bay Road, Miami Beach Lot 13 H« A. Wills, x.500 SW 6 Ave. , Miami Lets 14* 15 Albert H. Boone# 1423 Wolfe St., Ja'eksonvilles Fla. Lot .76 B, F„ Thompson„ 5807 SW 41 St.„ South Miami Lot 17 Donald E. Smeltzer, Box 623, Lamed# Kansas Lot 18. Dominick Rogowski, 5811 SW 41 St., South Miami Lot 19 Wilfred Stiles# 5815 SW 41 St.# South Miami Lots 20# 21 Marie Carillion# 5819 SW 41 St, , South Miami Lots 228, 23 Zella. Mae Parish# 5825 SW 41 St.# South Miami Block 2 Lots 18, 2 Gerald Casteleinp c/o A. D. Phelps, 'Inc. 305 Kingsbridge Road#. Bronx 581, N.Y. Lest 23 Wm. Segal, 4590 Jefferson Ave,, Miami Beach Lot 24 Wilson Brooks,, 5795 SW 41 St.,. South Miami. Block Lots 10 2 Betty Landman#, 5779 SW 42 St.# South Miami Balance of area within 300 ft. is in Dade County only and notice mailed to Dade County Zoning Dept., Dade County Court douse# Miamip WESTERFIELD MANOR Seal & 2 PB 18/47 (Blks 2y 3) ..See- 3 PB 27/9 (Elks 1:4) Res Hearing Sept* 23, 1955 on Lots 9,10 Blk 1 for FUNERAL HOME Block Lots 3# :24 T.. F0 1444 Cecilia Ave,, Coral Enables Lots 4, 5 Geo* M, Campbell, 50 E. 5th . St.,. Hialeah Lot b and V, 121t Lot 7 (rant L, Kidders, 5858 Bird .Driver south Miami Lot less W 120 Lot 8 Regina Fleischer# 2 E, Beach# St.# Long Beach,,N.Y, Lots 9# 10 Wixsom & Dean- - applicants for FUNERAL HOME Lots 11# 12 Maq .sobers 1718 .Bay Road# Miami Beach Lot 13 H. A. Wilis# 4500 SW 63 Ave.,, Miami Lots 14, 15 Albert A, Boone# 1423 Wolfe St., .Jacksonville,P'la, Lot 16 B. F. Thompson, 5807 SW 41 st,, South Miami Lot 17 Donald E, Smeltzer, Box 623, Larned,# Kansas Lot 18 Dominick Rogowrski, 5811 SW 41 St', South Miami Lot 19 Wilfred Stiles# 5815 SW 41 St., South Miami Lots 20, 21 Marie Carillion, 5819 SW 41 St., South Miami Lots 22,23 Zella Mae Parrish, 5825 SW 41 sty# South Miami Block , .: Lots 1# 2 herald Castelein, c/o A,D. Phelps, Inc. 305 Kingsbridge Rd., Bronx 58, N,Y. Lot 23 tam, Segal# 4590 Jefferson Avei, Miami Beach Lot 24 Wilson Brooks, 5795 SW 41 St,j South Miami Block Lots 10, 2 Betty Landman, 5779 SW 42 St•# South Miami Balance of area within 300 ft. is in Dadp Vbunty only and notice mailed to Dade County Zoning Dept., Dad C6unty Court House,Miami f i NOTICE OF PUBLIC HFARING by the South Miami Advisory Zoning Board on Priday4 September .234 1955 at 8:00 P.M. at the South Miami, Com mitg Building. Robert Wixsom and dams Deans Application for rezoning under special uses and conditionaz to C��` Y perad.t operation of an undertaking establishment 0 0, at 5826 Bird Drive (hots 9fl 10 Blk I WESTERFIELD {. MANOR Sec. 3® PB 27/9)now zoned C-18 subject to sOG� an overall plan. iy All interested persons are urged to attend, s Written approval or objections should be filed with the Board prior to the hearing. The Board reserves the right to recommend changes within the area, to change minims or other restrictjions4 etc.H for the best interests of an overall comprehensive plan. SOUTH MIAMI ADVISORY ZONINT BOARD Edges E, S a er8 Ch a rffian September 128 1955 � - av Ir r Ato ii ,�, LAw OFFICES re" BENJAMIN E.GAREY SE ry I INGRAHAM BUILDING MIAMI,FLORIDA G g September 20, 1955 South Miami Advisory Zoning Board City of South Miami, Florida. Att. Hon. Edgar E. Shafer, Re: Application for rezoning to Chairman permit operation of an under- taking establishment at 5826 Bird Drive (Lots 9, 10, Blk 1 Westerfield Manor Sec. 3, PB 279) now zoned C-1, sub- ject to-an overall plan. Gentlemen:- I represent Mrs . Regina Fleischer, the owner of prop- erty located, at 5850 Bird Road, legally described as Lot 7, less the West 122 feet, and all of Lot 8, Block 1, Westerfield Manor No. 3, Plat Book 27, Page 9, Public Records of Dade County, Florida, and on her behalf herewith file written objections to the granting of the above application, upon the following grounds:- 1. It is against the best interest of the property owners in this vicinity to permit an undertaking establishment at 5826 Bird Drive, South Miami, Florida. 2.. Such establishment and operation would be detrimental and adversely affect the neighborhood. 3. To permit an undertaking- establishment to be operated on the site proposed will damage and greatly depreciate the value of my client's property and others similarly situated. 4. To permit an undertaking establishment on the prop- erty in question is not "in keeping with, but would be directly contrary to the proposed over-all comprehensive plan proposed by the Planning Board of the City of South Miami. Wherefore, it is respectfully requested that the ap- plication for rezoning to permit the operation of an undertaking establishment at 5826 Bird Drive, South Miami, Florida, be denied and disallowed. ,---Very truly ours,',, �7 L Benjamin E. Carey Attorney for Mrs . Regina Fleischer BEC:L. NOTICE OF PUBLIC HEARING by the South Miami, Advisory Zoning Board on Fridaye September 239 1955 at 8:00 P.M. at the South Miami Community Building, Robert W Isom and James Dean: Application for rezoning under special uses and conditions to permit operation of an undertaking establishment at 5826 Bird Drive (Lots 99 10 Blk l WESTERFIELD MANOR Sec. 39 PB 27/9)now zoned C-19 subject to an overall plan. All interested persons are urged to attend. Written approval or objections should be filed with the Board prior to the hearing. S The Board reserves the right to recommend changes within the area,, to change minimum � sfallo or other restrictiona9 etc.9 for the best interests of an overall comprehensive plan. SOUTH MIAMI ADVISORY ZONING BOARD eA,16.- Edg o s a ®re ha Haan September 129 1955 -S- k ( G l S �o �-, P S—f Z� - yU'� 441t.�'IT4 zelv�� two east beech street long beach, n. y. '47 /16 'OL'p two east beech street long beach, n. y. 0 c 7 t o t L , �D C. v Ar Y. f 4.CT �If A �� -tenn CQ ``�a (. CQ V n CL LAW uj C2 V V' SEP 23 1955 -_ DADu Go OFFICE Of CITY ®f SOUTH 9 01 o" PLANNING,ZONING & BUILDING DEPARTMENT 1408 COURT NOU8E U LL = PHONE 3-4721 MIAMI 82. FLORIDA September 23, 1955 South Miami. Advisory Zoning Board city Hall- South Miami, Florida Attention: Mr. Edgar E. Shafer Dear Mr. Shafer: In regard to the application of Robert Wixsom and James Dean to rezone property described as Lots 9 and 10, Block 1, Westerfield Manor, Sec. 3, for funeral home use, this Department desires to protest the installation of a funeral home on this location, for the following reasons. The location of the proposed funeral home is immediately across from a single family residential zone in the unincorporated area. While the uses in this single family zone are a beauty parlor and doctorts office, there on the basis of special permit, they constitute very restricted types of colriznercial use, compatible to the present zoning on the property in question. Modern funeral homes involve the necessity of considerable off-street parking area, and the proposed lots, consisting of 100 foot frontage and 3.15 feet incbpth, cannot provide the necessary off-street parking area, especially if the Bird Road right-of-viay of 50 feet from centerline is provided, Bird Road being a 100 foot right-of.-vtay. Thank you for the notice of hearing. We will appreciate any consideration you can give us in this matter. Very tu7.y yours, 1 � R. F. Cook, Director Dade Co. Planning., Zoning & Bldg. Dept. RFC/vd WILLIAM W. SEGAL PROPERTIES .7 � 1P ,16"Sl)'FIRED ET BUILDING ROAD �,. ��-�{� �'��,k��'��4-• � � TELEPHONE MO 1-4 2 9 1 - SOUTH MIAMI, FLORIDA "SOUE�Z .`}LOZLC�Q1 �01E J�[1ECKeELUE 1�usinesa �ZO�iEZELE�.�r ��P �� 'r . • S li 35 1955. Honorable Mayor SUNSET and Members of the City Council & Zoning Board SUBURBAN CENTER 'City of South Miami, Fla. Gentlemen: This letter is in reference to a petition directed to your body requesting rezoning of Lots 9 and 10 BUNBANK CENTER Block #1 of Westerfield Manor located on Bird Road between 58th and 59th Ave. Said request is for a change from "Clt' to '"C1 Special11 in order to permit • the use of a residence now located there to be /used as a funeral home. I am the owner of lots 3 to RED-BIRD 6, 20 to 222 W 11 ft. of .19, E.. 35 ft. of 23 , 7 tO SHOPPING CENTER 10) 15 to 1$, 19 less W. 11 ft Block 2 Westerfield Manor Section l & 2, which is located on the East side of Bird Road between 57th and 58th Ave. ' At the outset, I would like to respectfully call your attention to the fact that only a few months WILTEX PROPERTIES have elapsed since this particular block. was rezoned from Residential to Business; and that it was approved after careful study of the impact on ad- jacent properties. One consideration involved was the expansion of a rapidly growing shopping area on Bird Road between 57th and 58th Ave. on into the CORONET BUILDING- next block to the West. It was intended to provide continuity of business use with necessary parking facilities etc. You are now confronted with a request to leave a residential structure remain there for use as a SEGAL ENTERPRISES funeral home, and I would like to voice my opposition as follows: (1) A funeral home has no place in a shopping center. To permit the use of a residential building within this area destroys the symmetry and the RED-SUNSET BUILDING continuity as. it was planned. I believe that a schematic plan was.. presented to the City Council . showing a row of stores on this block and it certainly did not show or contemplate a residence to be lef.t for business use. It was on that basis that "Cl" 'Zoning was approved. CROSSROADS BUILDING � .. W1 LLIAM W. S EGAL PROPERTIES RED SUNSET BUILDING 6915 RED ROAD TELEPHONE MO 1-4291 SOUTH MIAMI, FLORIDA ,,South 9[vtida's 4Most lrbistinetive Business. ' zo#z%&es." Pg. #2' • (2) It is an established fact that in any situation where residential property remains in .a business area and is used for business purposes that it can- SUNSET not help but retard and depreciate property values SUBURBAN CENTER that adjoin it on both sides and beyond. (3 } The property in question is located on a very • busy main arterial highway that is already over- burdened with traffic. We all know that a large number of cars customarily parked for funeral SUNBANKCENTER services would add additional hardship to the area, and especially to merchants located in the adjoining stores. . • (4) The approval of such a petition as you have REDBIRD for consideration would also work a hardship over SHOPPING CENTER future years on the City of South Miami from an economic standpoint, in that the resultant depreciation of property values would mean less tax income from that area ( 5) If we are planning to improve,,..the appearance of WILTEX PROPERTIES, our business areas as is being done in other thriving communities we must consider esthetic values, and in this instance a funeral home in the • midst of a group of retail establishments would in my opinion be unsightly and totally out of place CORONET BUILDING May I therefore, in all earnestness ask you to deny this petition for the reasons as set forth. Respe tfully yours, SEGAL ENTERPRISES • WWS/pm Wm. Segal RED-SUNSET BUILDING • CROSSROADS BUILDING LAW OFFIGEs �\ BENJAMIN E.GAREY INORAIiAM BUILDING MIAMI,FLORIDA September 23, 1955 South Miami Advisory Zoning Board City of South Miami, Florida Att. Hon. Edgar E. Shafer, Re : Application for rezoning to Chairman permit operation of an under- taking establishment at 5826 Bird Drive (Lots 9, 10, Blk 1 Westerfield Manor Sec. 3, PB 27/9) now zoned C-11 sub- ject to an overall plan. Gentlemen:- The undersigned attorney, representing Mr. Gerald A. Castelein, 8050 Grand Canal Drive, Miami ?4, Florida, the fee-simple title holder of lots l and 2, block 2, Westerfield Manor, and Mr. Albert D. Phelps, Sr., 5023 Orduna Drive, Coral Gables, Florida, the lessee under a ninety-nine year lease covering said property, hereby files on their .behalf written objections to the granting of the above application and re- spectfully requests that the application for rezoning to permit the operation of an undertaking establishment at 5826 Bird Drive, South Miami, Florida, be denied and disallowed.. rUkspectfully yours, Benjamin E. Carey . Attorney for Gerald A. Castelein and BEC :L. Albert D. Phelps, Sr. April 1, Hearing ,#2 300 ft from Lots 9, 100 Blk 1 WESTERFIELD MANOR Lots 3 to 24, Blk I .Lots It 2, 230 244 Blk 2 Lots 10 2, Blk 3 Bads County Zoning Dept, Lots 3, 24, Blk 1 - T. F.. Jardine, 1444 Cecilia Ave. Coral. Gables f✓� Lots 4, 5, Fjk 1 Goo* M, Campbell$ 50 Be 5th St w, Hialeah V ' Lot 6 & W 12 , 1 .Lot .7, Blk 1, M 144 , `R ,;Sough-Iiem . Lot 7 less 12i t ' Lot 8, Blot 1 R� a �a�iuui z�1 {Lots 9. 10, Wixsom &,Dean, applte!nts 1 7t,0 � Lots 110 12, Blk I May Sober, 1718. Bay. Road, Miami Beach Lot 130 Blk to H. A. , Wi11s, 4500 SW 63 Ave.,, Miami L,/ Lots 141 15, 81k 1 Albert He Boone, 1423 Wolfe .St., Jacksonville Lot 16, Blk 'l Be F. Thompson, 5807 SW 41 Street, South Miami � Lot 17, Blk 1 Donald E. ' Smeltzer, Box 623, Larned, Kansas ✓ Lot 180 Blk 1 Dominick "Rogowski, 5811 SW 41 St., South Miami Lot 19,, Blk 1 . Wilfred Stiles, 5815 SW 41 St., South Miami ,-- Lots 20, 21, Blk 1 Marie Cari.11ion 5819 SW 41" St,, South Miami � Lots 220 230 Blk 1 Zel24 Mae Parri Z, 5825 SW 41 St., South 1ami Lots It 2, Blk 2 Gerald Castelein, c f o A.D. Phelps, Inc., 305 '6�oKingsbridge Road', Bronx 58, N. Y. Lot 23, Blk 2 . William Segal.,, 4590 Jefferson Ave,, Miami. Beach Lot 24o Blk 2 Wilson Brooks,, 5795 SW 41 St., South Miami, Fla, , Lots 10 2, Bik 3 Betty Landman, 5779 '$W. 42 St., South Miami ✓ Bade County Zoning Dept,, Bade County Court House, Miami v � � r �eV Ah'n JACK H. EAKLE" ATTORNEY AT LAW 5891 SUNSET DRIVE SOUTH MIAMI 43, FLORIDA E G V T/ ECG ` OCT 3 19,95 CITY OF SOUTH, MIAMI EP' . 29 1955 (ITI71 COUNCIL of the CITY OF SOUTH MIANa Re ZOI, T IIE G MATTER of 5826 Bird road SOUTH MIAMI Honorable Gentlemen of council, I have a home at 5850 Bird road South Miami which is right alongside of the property that is applying for a rezoning for a. funeral Establishment I want to 0=,,CT STREMUOUSLY ------------ ------ would welcome any other type of buisness7but-(this Funeral. Parlor would be very detrimental and hazardous to the ever increasing TRAFFIC ON BIRD R OAD and especially when the RACING SEASON opens at TROPICAL PARK. AS there is no PARKING FACILIMS in the entire immediate neighborhood1not to mention that" they themselves have not any vihatsoever--So I can only see Chaos anda. development of a very very dangerous situatibn ahead7by the blocking of traffic with funeral preessions, Please 7 1 beg of you Honorable Gentlemen of the conneil.to look into this situation . very ry thoroughly =before granting any change in the zoning for a Funeral Establishment7on this very busy road* Sine erely,youra, respectfully Regina Fleischer 5850 Bird Road South Liiamiq Fla., RECEIVE GEORGE L. HOLLAHAN, Jiz. SEP 25) 1955 ATTORNEY AT LAW 5840 SUNSET DRIVE pppqqpe{e�♦p,gp�� SOUTH MIAMI.FLORIDA City �'!&�Op[4 MAN TEZErHoNE MO 7-2501 M000!!l September 27, 1955 The Honorable Mayor and City Council City of Sauth Miami City Hall South Miami, Florida, In re: Application for Rezoning under special uses and conditions to permit operation of an undertaking establishment at 5826 Bird Road, South Miami, Florida. (Lots 9, 10 in Block 1 WESTERFIELD MANOR Section 3, Plat Book 27 at Page 9( now Zoned C-1, subject to an over all plan. Application of Robert Wixsom and. James Dean Gentlemen: I am writing to state the objection of Mr. and Mrs. Thomas F. Jardine, who own Lots 1, 2, 31 245 25 and 26 in Block 1 WESTERFIELD MANOR im- mediately adjacent to the subject property sought to be rezoned. Mr. and Mrs. Jardine own property in the peculiar category of combined residential and commercial zoning. They are situated on the western corner of the particular block involved. It -is their feeling that grant- ing the subject request would create a severe and insurmountable traffic problem in the near immediate center of a commercial business block. Without the development of the western portion of this block and the maintenance of an alley, as required on the over all schematic plan for this block, the proposed funeral operation would be severely handicapped and it would cause a traffic bottleneck of extreme proportions. We also feel this particular area is entirely unsuitable for funeral or undertaking facilities. It would depart acutely from the intent and purpose of the over all plan prescribed by the Zoning Board, Planning Board and adopted by City Council in rezoning this property. Please consider this our official and written objection to the subject proposed rezoning. Respectfully, MR. and MRS. THOMAS F. JARDINE BY George X. Hollah , Jr. ` GLHJr.:mec Attorney at Law NOTICE.OF PUBLIC HEARIVIG by the South Miami Advisor Zoning Board on Friday, Septe-mber 239 1955 at 8 0-00 P,M, ,%t ' the South .Miami Ccmunity Building. P. .. Robert Wixuso and Jas a.: Application for 1.4 rezoning under special uses and conditions to pex-D6' Open•,tion of an undert ing e st€ blisln Tient at 5826 Bird Drive (Lots 99 10 B'&k I WESTERFIELD MXKOR See. 3,,, PB 27/9)riow zoned C-1,, subject to overall plan. All interested persons are urged to attends Written approval or objections should be riled with the Board prior to the hearing, Me Board reserves ti. 9 fight to re c owme nd changes within, the area, to change miniax-mi m or either Yres trio ti€iii ��c o� for the beat interests of an overall comprehensive plan,,, SOUTH ML4M IVIS RY ZONING" BOARD Saptexrbar 129 1.955 BAI)Iya� Rp°(�OMMY.". ae�'vr��e Ret� ;t �C3� ' 9, �. t '.� ,?gC'1�.�.v.r" y1.0 cg®.n- c®rn®&�fo I�iYAaii the; -OVA .,.9F9(i® c�Li � i® i.sl® rP.nt E' �'tL..�iha S+YE® City Comacil put in any restrictions that they deem necessary t® protect tho t a e spec ?,3 .� to p;'rU1:nS q ch�..rscter of buil.dingg etc. of fie th.„� 13 ardle bellof that as lorwa; as the building m y.r� �.n�° is �� ®'na 34 71* th.�r ajiI I, nit bch of .a parking problem because it does not lend Itself to large &atherings reason for recommending the granting of the variance is based on the fact that there Teeraf n ebJq_ct1.®n1 ®m the .. s ;3�ts of the . ra'�d :^tc� . R.d: oinng ?-. . ,�*n®ti pr,)perty i fit the rear� , t it �'. ^bjeetlans F, 'me erom. nwners of prop® a ;ri'? 117 7 o -D a 11 and, ' 5ght bo 0,=sIder.'a a con® fli-ting with th"hoir o n p1 -ns f>r V.,1, Grp , rty" iCHULER-MEN PORT Telephone Incorporated Room 201 Sunset Bldg. MOhawk 7-2970 5804 SUNSET DRIVE LAND SURVEYORS SOUTH MIAMI, FLORIDA Date_ / u C-) /9.7 t For J. J. Dean & R. E. Wixson Commission No._ f B � Field Book 137 �! Page 22 Survey Sketch No. .55-- 5c'_9 LOCATION SKETCH "� as•�s 4 0 4S .S° „ „ S° Scale 111 = 200' ZS 214 13 Z2 Z/ 7. /9 /$ /, /b /S 14 h Located in South Miami, Florida. V1 4s' 4S so n « S h �ir39 Sri/ 4l s S DRIVE 3S � �OYEm eat 0 IDr�II N�/[- Iron fn �•� LOT DETAIL SKETCH Scale 1" 20' Lj 23.4 1 /BBB Q /�vrcJ/ � 2g./° b 9/•.. i n P 17 q f { Q 8.T8.26 04'220 PR,I —I \ r 1 1 ` /Y.J-3 9•/� f i L t� A Ac 23.aS l 1 BLj i,,p Cam'hey! Gs/G// (PrimprJ.��t1 /�o% an r,ner A SURVEY OF Lots 9 and 10, Block 1 of WESTERFIELD MANOR sketch Rrepresen CERTIFY,recent surveymade SECTION 3, according to the plat thereof re— under our direction and is true and cor- corded in Plat Book 27 at page 9 of the rect to the best of our knowledge and belief. There are no encroachments Public Records of Dade County, Florida. unless shown thereon. ZU,LE,R-DAV"Z, RT, Incorporated .SNOyyI � C o pc-S �/,j 6 � kv/i L L Registered Land Surveyor No.___90 . State of Florida L T_' AL9ANENE 199L 10626 SCHULER-DAVENPORT Telephone incorporated Room 201 Sunset Bldg. Mohawk 7-2970 5804 SUNSET DRIVE LAND SURVEYORS SOUTH MIAMI, FLORIDA Date" 4/C C."4 T f 5 For J. J. Dean do R. E. Wixson Commission No. ? Field Book 137 Page 22 Survey Sketch No. S'S- .St'-q ^�—QS�s LOCATION SKETCH 9S � 4S sb ,. S . Scale 1" a 2001 :z 3 4 S 6 7 8 /a // /t -13 141, Zs 24( z3 za ZJ 2d /9 /o IS 14 h Located in South Miami , Florida. w I 45 4s so SC h 4s3y 5 Y5/ 41 s .51, - ..� >Ae .D .DRI VF - SW 4O'�� ST. 3a , �o vem eaf 0 fir,//Ho/C Iran u7 a `• + LOT DETAIL SKETCH Scale 1" = 20' C4 iQ � Q I V /�.5.� •9.// 1 I J,.3, / Z3.4s 3 i � - -� ---c � � - - - --+ _ - - � - _' - - �° � + �_ -•� l-- t � SEAL �} Olt D A SURVEY OF Lots 9 and 10, Block 1 of WESTERFIELD MANOR WE HEREBY CERTIFY, that the attached sketch represents a recent survey made SECTION 3, according to the plat thereof re— under our direction and is true and cor- corded in Plat Book 27 at page 9 Of the rect to the best of our knowledge and belief. There are no encroachments Public Records of Dade County, Florida. unless shown thereon. ,ZULER-DAV RT, Incorporated Vff WA 9 kV'/! L L • Registered Land Surveyor No.-_ 9O'C7__ �r. State of Florida L(e� ALSAN[N[ 1.6L lOe3e SOUTH MI ADVISORY ZONING BOARD AGENDA August 5. 1955 22 items (there was no quorum) la Morris Marmorstein: Request for setback variance to erect a 20-unit apartment on Lots 9 10 B1k 6 TOWNSITE OF LARKINS PB 2-105 (SW 67 St o. and SW 91 Ave. ) BOARDQS ACTION: That this be tabled for more details, 20 Report of Planning Board on _the application of Edward J, Coughlin for approval of tentative plat of .S! of Eg of NE. of SW of Ste, Seca 25-54-40 BOARD'S ACTION: That no further action be taken until the Planning Board and the Drainage Board give an overall plan for they de- velopment of that area, At such time the Zoning Board can consider the zoning for lot sues, 3m Re deed restrictions for MERION PARK PB 5744, Held over from previous Board meeting, i BOARD'S ACTION: No action takenn awaiting further clarification and the attendance of the applicant at the next meeting of the Board© NEW: 4, Robert Wixsom and James Deans, .z �_ application for rezoning under specl al. uses an co ti©� for operation of an under- taking establishment at 5826 Bird Rd (Lots 9g 10 Blk 1 WESTER- FIELD MANOR Sece 39 PB 27-9), Accompanied by check for $30©00 for hearing BOARD'S ACTION: Hearing set for Sept, 23 and area of notification set at 300 ft. BOARD'S I RECOMMENDATION in connection with all applications for . re zoning: That the City have signs made up,, conforming to the require- ments of the Zoning Ordinance (Sec, XVII-3) to be rented or loured to the applications for the rez6n %, (For detailed motion see Zoning Board minutes of' Aug, 5) 5m R, L, Vernong request for variance from minimum re i ments to place a duplex on Lot 8 BEAVER HOMESITES PB -498 just south of his home on Lot 7s, located at 7321 SW 63 Ave' BOARD4S RECOMMENDATION: That the applicant is so far off the min- inum requirements on the single lot that it be suggested that he consider using both lots and tear down the existing building and build a duplex on the two lots9 which would still be approxi- mately 500 sq© fto short of the required minimum., v 'ilk OTY OF SOUTH MIAMI9 FLORIWDA Planning Board Re! Application of Robert Wixsom and James Dean for rezoning Lots 9 & 108 Block 1* WESTERFIELD MANOR, (5826 Bird Road) to permit an "Undertaking Establishment," April 4. 1955 Honorable Mayor and City Council City of South Miami* Fla. Gentlemen; Relative to the application of Messrs. WIxsom and Dean for rezoning of the above property for SPECIAL USAGE to permit operation of an Undertaking Establishment* the City of South Miami Planning Board respectfully recommends the REJECTION of this application for the following reasons: to When this property was rezoned from RU-1 to C-1 usage9 said rezoning was contingent upon future construction conforming with the appearance of a "unified buildingo " thus prohibiting construction of individual buildings unrelated in design and thus eliminate the possibility of a "hodge podge" appearance so prevalent in other areas. This requested "special usage" could not, if granted, conform with the requirements of the Ordinance for the following reasons; a. In this event that the existing RESIDENCE was converted to the requested use as an Undertaking Establishment, the operation would be of a permanent natures thus preventing incorporation of the existing RESIDENCE into the scheme of the "unified buildings" as required under the existing Ordinance, b. Due to the peculiarities and requirements of operation of this particular Establisbments a NEW building, if constructed with parking in front and an access alley in rear* would not permit the flow of traffic necessary for such a busi- ness. Further, the "unbroken front" of the "unified build- ing" would not permit parking at sides of building and an alley or passage from front to rear would not be possible \ in conformity with said "unified building." 2, To grant the requested rezoning would violate the precepts of sound ZONING PRINCI]PLESs and in support of same* respectfully mention the following reasons, in addition to the fact that, when this property was rezoned, the adjacent Residential Owners were assured of HIGH CLASS C-1 OCCUPANCY in the new business area, a, When this block was rezoned from RU-1 to 0-1 usage, the understanding was that occupancies must be HIGHEST GRADE OF C-1 USAGE and the requested variance and or rezoning for SPECIAL USAGE to permit operation of an "Undertaking Establisbment" would not only lower the USAGE requirements for this Block, but would, at the same times provide a precedent for further lowering of the "Standar' ds of Zoning" for this Block® 3, In addition to the preceding objections to the proposed rezon- ing of this Blocks we wish to mention, solely as a matter of record that, if this request for variance and/or rezoning is granted the parking and/or traffic volume created by same would create a congested condition that would react to the detriment of the entire area, developed as a "Unified Building" and thus circumvent the purposes for which this was rezoned from RU-1 to C-1, Therefore, for the foregoing reasons, and as mentioned hereto- fore in this letter, we respectfully recommend that the appli- cation of Messrs, Wixsom and Dean for rezoning to permit "Undertaking Establishment" be REJECTED. Respectfully submitted, CITY OF SOUTH MIAMI PLANNING BOARD Patrick J. Lyons, William Segal and (signed) H. George Fink, Chairman T b MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF SOUTH MIAMI HELD ON TUESDAY, AUGUST 2g A,D,, 1955 AT THE COMMUNITY BUILDING AT 8SOO P,M© Mayor Gluck called the meeting to order with all Council men, City Manager Bishops Attorney Proby and Clerk Martin present0 Councilman Corley, seconded by Councilman Bryant, moved that the minutes of the regular meting of July 19th, the minutes of the special meeting of July 21st, and the minutes of the Special Meeting of July 28th be adopted as individually .read. Motion earried, PETITIONS AND COMMUNICATIONS: 1, ROBERT WIXSOM and JAMES DEAN, application under special uses and conditions for operation of an undertaking establish- ; ment at 5826 Bird Road, Communications relative to this matter were then read to the members of the City Councila The appli- cants had submitted a check in the amount of 030 for a public hearing, Considerable discussion followed, as the same request had been denied in April of thin year, Councilman. McKinney moved that the check be refunded to the gentlemen and the application be denied, Councilman Corley seconded the motion, Councilman Bryant stated in the ensuing discussion that changes had been made "since the Wills deal" and that he would like to see the matter go to the Planning Board for their recommendation, City Attorney Proby stated, when so questioned., that the City Council did have the power to authorize this special use in RU-1 if they so deemed it advisable, After further discussion on the subject Mayor Gluck stated that .. . he would poll the vote, which was as follows: Tevis . no; McKinney - yes; Annis - Nos Bryant - no; Corley a yes, Motion not carriedo Further discussion followed, Councilman Tevis seconded by Councilman Corley, moved that this matter be referred to the Zoning and Planning Board for any new action that might come up in the meantime and a date for a public hearing be set in the near future, Councilman Ann-Is stated that he would be interested in what the Zoning Board and Planning Board fPwould come up with," Motion carried by poll, as follows-, Corley ® yes; Bryant - yes; Annis - yes; McKinney - Contrary to what Mr, Annis says I don't think that two wrongs make a right, I mote No, Tevis - yes, Item 2 and 3t Fetters of resignation from the Off-Street Parking Committee, (1)by George Brewer and (2) by Paul. U. Tevis (1) ' APPORTION FOR PUBLIC RkNfiEGE � CITY OF SOUTH MIAMI, FLO A RID (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and tl ' I V "19 r City Clerk's Files.) jjc 1. Name of Applicant (print)......................ROBERI VVD(SOM and.. JAMES DEA-Iq....................................................................... 2. P.O. Address of Applicant 206 SW Eighth Street soul" M1 ........................................................................ .......................................................................... ............................................. 3. Address of property covered by applicant.....................5.826 .. ... .. ... Bird Ro.a. d .....I....................... ......................... ......................................................... ............................................................................................................................................................................................................... .........................................................................I........... 4. Legal description L91A 9 a n d 1.0........B .... ... ... .!.PPk I. I..... V10-at.e.rfIeld .......... t.q..t b:p plat thereof. recorded in ..P.lat )5p.Qk 27. ............................................................I............................................ ... ............ Pa.ge 9 of t.he Pub-11-1-G............... Records of .Dade County, Florida 5. Present zoning requirements ............................................................................................................................................................................................................. ......................................... ................................................C- .........1 ......................................I............................................................................................................................................................... 6. Proposed changes Fhe.-.Z.Qn1119 vadox Specda.l. U,9..e.s and Cai.ditl.on-s f 0-r the............................. o.pexa.t.ion of a-n und.e.rtaking a ahm ......e.s.t b1i. - e.n.t........................................................................................................................... C:7 7. Are 3 copies of detailed plans and proposed uses attached? Yes........................................................ ................................................ S. Name and official widths of abutting R/Ws ......................................................................................................................................................................... ..............................................................................................................................................I.........................................I............................................................................................................. 9. Additional dedication proposed ..........................................NPD!Q................................................................ ..................................................................................... I..............................I.......................................................................................................................................................................................................................................................................... 10. Will dedication result in public ownership from center of R/Ws to official width of abutting lot?..................... 11. If applicant is not owner, is letter of authority from owner attached: Not....azp�ticable................................ 12. Type of Hearing? .............................................................................................................................................................................I.................................. ...................... 13. Date of hearing .................................................................................................................................................................................I....................................I...................................... 14. Fee paid with application $ 3.0.*..QO................................................................................................................................................................. ............................ 15. Date Paid .....................................................................I...................................................... .......... ............ ......... ... ..... ................... ............ Signature of Applicant.. .......... ................. .......................... APARTION FOR PUBLIC ftINI CITY OF SOUTH MIAMI, FLORIDA JUL 251955 (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for City Clerk's Files.) 1. Name of Applicant (print)...................... � .... .0a ...Rt1+�.... ....Dirt.............CITY...OF...SOUTH MIAMI .......................:... eighth street 2. P.O. Address of Applicant ......208 SST.............................................................. . ..................................................................................................:..................... 3. Address of property covered by applicant....................5826....Bir$ Road...................................................................................................... ............................. ..................................._...._...................................................._................................................................_............................................................................................................................................... 4. Legal description ....._ fi1............................................ 11 . j.....B OA C..... ,. 1!,'�....Wo.m.�'it1l,�',�'.�.@.�.$....�i1Q�!�....A.4CO��,A$........... to t hb plat .there f re©orde.d in P14tt....Bo9k....2.7p.....Page....9.....of.....t.ha....Pub.�.�,�a... �eoords +cif' Ds4e County, Flo rida 5. resent zoning requirements .......................................................................................................................................................................................................................... 6. Proposed changes I N!'!!!Ol'1I ,M....UY2d.flrr....$PoGlal.....Va.8.m....and....Conditions.....r4.1°..._the............................. 9 u0n ........................................................................................_............................_..... 7. Are 3 copies of detailed plans and proposed uses attached? ......., aA.....?................................................................................................. 8. Name and official widths of abutting R/Ws................................._.............................................................................................................................................. ........................................._....................................................................................................................................................................................................................................................................... 9. Additional dedication proposed ............................._.......... DAB..........._.........................................................................................................._.................................. .........................................._.......................................................................................I_............................_.........................................................................................................._................................... 10. Will dedication result in public ownership from center of R/Ws to official width of abutting lot?..................... 11. If applicant is not owner, is letter of authority from owner attached: ....NO....RIPW" le.................................. 12. Type of Hearing? ..............................................._................_....................................._.......................................................................................................... 13. Date of hearing ................................................................._......................................................................................................................................................._..... 14. Fee paid with application $.....__.0..00....................................................._...................................................._...................................................._............................_..... 15. Date Paid .............................................................................................._............................. ... ............. ........ . ................ ........................ Signatureof Applicant.... ....... . ....................... e' ..'-::........................................._............................ NOTICE OF PUBLIC HEARINGS BY . "IBE SOUTH MIAMI ADVISORY ZONING AND PLANNING BOARDS Fridays April, 1, 1955 at the Cormunity Buildings commencing at 8:00 P.M.,, on the following applications: la Paul M. Hillere for Betty Landman, amended appli- cation for RU-2 use and facing proposed duplex on Sid 58 Avenue at Sw 41 Street (legal description Lots 1 and 2 Block 3 WESTERF'IELD MANOR, Seto 1 & 20 PB 18-47) now zoned RII-10 BOAR-DOS RECOMMENDATIONt, That request be granteds as a variance, and the -facing of duplexes on SW 58 Avenue, as requested, with the suggestion that the utility room at the rear be enclosed, and that the outside door to the bedroom must be walled up as such an entrance is prohibited in the build- ing code. 2. Robert Wixsom and dames Dean for rezoning under Special Uses to permit an undertaking establish- ment at 5826 Bird Road (legal description Lot 11111 2"-Block 1 WESTERFIELD MANOR Sec, 3 PB 2 91 now zoned C-1, w , J. BOARD'S REC OMMENDAT ION o That the application be denied because: (1) It would render ineffective for many ye re to come the overall plan for the commercial development of this block, , y � (2) That the parking facilities- and traffict Facilities would be totally inadequate and alot as presented* (3) That this would break down the intends d-1, xoning intended for this block and ' r ! (4) Objections have been entered by perso living in the area Suit Blamed 0 .In 'Failure Of Funeral Home A $160,000 judgment against the firm in a damage suit is listed as the reason for in. dividual bankruptcy petitions filed'by Robert E. Wixsom and James J. 'Dean, former partners in the King Funeral Home, 20E SW$th St. W' som listed total liabilities of $188,262 and assets of $6,886, of Which $1,000 was claimed exempt. Dean reported debts of $188,149 and assets of $6,775. All Dade County Circuit Court jur April 27 returned a $160,000 Ijud ment against the funeral ho roe in favor of the relatives of ICa 1 W. Goehmann, 49, whose tru k collided with a King ambu- Ian e. � 0 . 6(4 +� .1� Stock No. 8549, black finish, radio. Stock No. 8565a, grey finish. Stock No. 80498, Green finish.. Stock No. 8627,*Blue finish. Stock No. 75978 — Green finish. Lock No. 79388, Tutone finish ...... Eck No. 85198 — Green finish. Ian. Stock No. 2908. Black finish. Large Variety of 46's to 51's in Mo Of Never Know What The - Until You See The . tLD'S WILDEST DAILY & SUNDAY FROM SO "CARS 70 CHOOSE if The 'Famous One And O 100% GUARANTEE r Y NOTICE OF PUBLIC HEARINGS BY THE SOUTH MIAMI ADVISORY ZONING -AND PLANNING BOARD, Friday, April 10 1955 at the Community' Building, commencing at 8:00 P.M., on the following applications: 1. Paul. No Hiller, for Betty Landaang amended applica® Lion for RU-2 use and facing proposed duplex on Sw 58 Avenue at SW 41 Street (legal description Lets 1 and 2 Block 3 ifESTERFIELD MANOR,,. Seca 1 & 2, PB 18-k7) new zoned RU-10 2. Robert W! xsom and James Dean for rezoning under Special Uses to permit an undertaking establish- ment at 5826 Bird Road (legal description Lots 9 and 3.09 Block 1 '(rSTERF'IELD MANOR Sec© 3 PB 27-9} now zoned C®1 All interested persons are urged to attend. Written approval or objections should be filed with the Board prior to the hearings The Board reserves the right to recommend changes within each arena, to change minim= or other restri etiones atc.0 for the 'best interests of an overall comprehensive plan, SOUTH MIAMI ADVISORY ZONING PLANNING BOARD ChAirman ` March 259 1955 r" MINUTES OF PUBLIC HEARING OF THE ADVISORY ZONING & PLANNING BOARD OF THE CITY OF SOUTH MIAMI HELD AT 8:00 P.M. APRIL It 1955 AT, THE CITY HALL. Present: Dr. Harry P. Schultz Chairman Edgar Shafer Viae-chairman W. L. Garrison Willard R, Burton William A, Daniel Ex-officio Members: Sylva G. Martin City Clerk Absent: Robert Overman William E. Adams Dr. Schultz called the meeting to order at 8:00 P,M. and stated that the first item would be Paul Mo Hiller, for Betty Landman, amended application for RU-2 use and the facing of proposed duplex, etc,, and then asked for those in favor to please come forward and speak, Mr. Hiller addressed the Board in behalf of Betty Landman, Mr. Hiller informed the Board that he was not an attorney, but a contractor. Mr. Wilson Brooks arose and spoke in behalf of Mr. Hiller's proposal stating that it would be a definite improvement to the neighborhood, A Mrs. Madden arose and spoke in favor of the proposal, Dr. Schultz then stated that he would hear from those not in favor of this proposal. He stated, first, that he had one letter of objection and this letter was read to the Board. The letter was from Mr. R. F. Cook of the Dade County Planning and Zoning Board, No one present spoke against the proposal, Chairman Schultz then stated that the next item would be taken at hand and this was the request of Robert Wixsom and James Dean for rezoning under Special Uses to permit an under- taking establishment, etc. Dr, Schultz called for those in favor to speak first. Mr. Jack Eaklea attorney for Mr. Wixsom and Dean, spoke first in behalf of the proposal. During the ensuing discussion the Board was informed that the parking area at the site under consideration would accommodate twenty-five automobiles and also that there were plans for a circular drive in the offing. Chairman Schultz then called for those in opposition to speak, The first was Mr. William Ihland, 5827 Bird Road, Mr. Ihland objected on the grounds that such an establishment would 1 cause a traf_ - hazard. A letter of objecvion was received from May Sober and another from the Dade County Zoning Board, Mrs B. F. Thompson also addressed the Board in objection to this proposal stating that his objections were that such an establishment would cause a traffic hazard and secondly that such an establishment, with him (Thompson) living nearby, had a morbid influence on the neighborhoodts atmospheres After some further discussion the Board went into executive session and the following actions were taken: RE-0 BETTY LANDMAN REQUEST Mr. Garrison: If a motion is in order I move that the request of Paul M. Hiller, for Betty Landman, to permit the erection of a duplex on Lots 1 and 2 of Block 3, WESTERFIELD MANOR, be granted and the facing of the duplexes be permitted onto SW 58 Avenue as requested with the suggestion that Mr, Hiller promise to close in the utility room. After some dis- cussion Mr. Burton suggested that it be included in the motion that "the outside door to the bedroom must not be permitted as it is illegal under the building code." Mr. Garrison: I also include in the motion that we would like to point out that the plan as shown to the Zoning Board has a door opening on the veranda, which is not permitted in our building code and must be walled up--walled in. Some fur- ther discussion was held on the wording of the motion. Mrs Garrison: The door opening to the bedroom from the veranda, Mr. Daniel: I second the motion. Motion carried RE: ROBERT WIXSOM AND JAMES DEAN Mr, Willard Barton,* I move that this Board recommend to the City Council that the application of Robert Wixsom and James Dean for rezoning under special uses to permit an under- taking establishment at 5826 Bird Road--and you can pick up the legal description--be denied on the following grounds: 1. That it would render ineffective for many years to come the overall plan for the commercial development of this block that has been drawn up by the Planning Board, and that has been approved by the City Council, and would instead make this block look like an "eyesore." 2. That the parking facilities and traffic facilities 2 - 1� it the permit were granted in the present loca- tion would be totally inadequate and not as repro resented by the applicants, in view of the fact that a 20-foot alley would have to be established In the rear. . 3. That this would breakdown the intended C-1 zoning of this block. �.. That objections have been entered by persons liv- ing in the area and across the street to this type of operation. Among Mr. Daniels I second the motion. Motion carried After some discussion with references to the Planning Board and the Zoning Board Mr, Shafer made the following motions Mr. Shafer: I would like to make a motion, Mr. Chairman, that the members of the Planning Board of the City of South Miami be exteaded an- invitation to attend our meetings at -any timeg that .they will be very welcome and their attendance will be greatly appreciated and furthermore that if the City Council reels so inclined that the City Council take some action along the line of combining these two groups more closely in consider- ing the possibility of appointing thew as ex-offioios of our group. Mr. Garrison: I will second that motion. Motion carried There being no further business before the Board, Mr. Garri- son moved adjournment with Mr. Burton seconding. The meeting adjourned at 100.09 P.M. 3 a ... f r 4L tp 44 Zo lit Ink, I." Af 'V Lads / f F "- at_at - f JIV s !� L®�s� � i°r� l�� j� � �, �©one ►-��.,� U ` i lk hill �91 �aW 4( x s , - - � , �' �, � � ss Cc IV to L.-7-W, 14 ;f� a 0 - oaaa e D,&,, Dn CoUNTY e a ' OFFICE OF I o PLANNING,ZONING & BUILDING DEPARTMENT �� p0 1 4 0 3 C O U R T H O U S E PHONE 3-4721 Lt MIAMI 32. FLORIDA March 31, 1955 South Miami ,Advisory Zoning & Planning Board City Hall South Miami., Florida Attention - Harry P. -Schultz, Chairman Gentlemen: This department and the Dade County Planning Board desire to register objection to the application of Robert Wixsom and James Dean for rezoning under Special Uses to permit an undertaking establishment at 5826 Bird Road (Lots 9.& 10, Block 1, Wester- field Manor). This objection is entered for two reasons. If we understand the South Miami Zoning Regulations correctly, this may not be a variance or a request for a change of zone, and it therefore could not correctly be called spot zoning. However, it was our understanding that at the time of the rezoning of the property concerned along with the balance of the block, a detailed plan of development was submitted and its development in accordance with that .plan was a condition of the rezoning. If so, this appears to be the first application to destroy the original controls on the use of the property. The second reason for our objection is that under no circumstances could adequate off-street parking be provided for the use desired on the two lots involved. .This area already generates a great amount of traffic, and any use that further' aggravates this situation without making provisions to carry its share of off-street °parking should be refused. It is requested that this application be denied. Very truly yours, I Le�,4j R. F. Cook, Director Dade Co. -Planning, Zoning & Bldg. •Dept. RFC/gh APF ..;.ICATION FOR PUBLIC HEARING CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for Cit% Clerk's Files.) 1. Name of Applicant (print)...;._..RO$Fr RT.....WjXaQX...and....JAMES....DEAN.................................................................................................. 2. P.O. Address of Applicant...,.06 SW Eighth Street., Ilt e.mi� Florida ......................_..... 3. Address of property covered by applicant....`J826 Bird Roads South Miamit Fla. .......................................................................................................................................................................................................................................................................................................... ...... 4. Legal description ............Lo.t.s......9.....and....1.0.,.....Bl.o..ck.....1.,......of....We.s.t.e.rf.field....gan.ar.........ac.c.ord.ing.. to the : plat thereof, recorded in Plat Book 27, page 9, of the Public Records of fade County, Florida 5. Present zoning requirements ..................._..........:.................................................................................................................................... ....................................................... C-1 ..............................................................................................................................................................._............................................................................................................................................... 5. Proposed changes ..........Remani.ng....unde.>w'...., .)i? .G. . 1._.O.s.. . ....a.nd.....Q.Q di.t.iona....f.Q.r.....the......................... operation of an undertaking establishment ..................................._..........................................................................................:.......................................................................................................................................................................... -..... 7. Are 3 copies of detailed plans and proposed uses attached? ........Y.ea............................................................................................................... 8. Name and official widths of abutting R/Ws......................................................................................._...................................................._................................... .................\.....................................................................................................................................................................................................................................................................I......................... 9. Additional dedication proposed ......................._.........xQn.Q.................._............................................................................................................................................... .........................................,...._................................................................................................................................................................................................................................................................. 10. Will, dedication result in public ownership from center of R/Ws to official width of abutting lot?..done.. IL` If applicant is not owner, is letter of authority from owner attached: NOt applicable ..................................... 12. Type of Hearing? .............................................._..................................................................................................................................................................................................... 13. Date of hearing ..................................................................._......................................................................................................................................................._................................. 14. Fee paid with application 30.00 15. Date Paid .................................................................................................................................... ..............................._.................... ........................................_............................-...... Signature of Applica ,�/ APACATION FOR PUBLIC HEARING CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for CitN Clerk's Files.) 1. Name of Applicant (print).........#tOB RT..,WIXSOM and .JAllES ,DEAN ......................................................................................................... 2. P.O. Address of Applicant ....r�..OB..SIh'....Eighth..Street...... Miami* Florida ................................. 3. Address of property covered by applicant...5826...Bird Road South Miami's la. ....... .............................................._.............................................._......................._...................................................................................................................................................................................... 4. Legal description ..........itlQ.ta.....9....and....10.#.....D.I.Q.9k.....1a.....of....Wattra r'f le.ld....Mawr......a.1K.c.9- ".ding.. to the plat thereof, recorded in Plat Hook 27+ page 9, of the Public �teco6'6 ............ ... ...... ........ ............. Y� ....._..... rd�>s oi'. .Dade Count...._......Flb��ida........................................................................................................................................................... 5. Present zoning requirements .......................................................................................................................................................................................................................... C-1 ..............................................................................................................................................................._............................................................................................................................................... 6. Proposed changes ..........R6.aA)r,1.i1Cag.._und 9.r....BP.opi I._.Dae.n....amd....Cond t Am....for....the....................... operation of an undertaking establishment .........................................,............................_...................................................................................................................................................................................................................................... 7. Are 3 copies of detailed plans and proposed uses attached? ........Ye.a................................................................................_............................. S. Name and official widths of abutting R/Ws................................._..............................................................................................................._............................. ............................................._......................_......................_................................................................................................................................................................................................................. 9. Additional dedication proposed ......................._........None................._..................................................... ................................................................................................................................................................._.........................................................................................................._................................... 10. Will dedication result in public ownership from center of R/Ws to official width of ahuttin,; lot?..None.. 11. If applicant is not owner, is letter of authority from owner attached: Yot applicable ........................._..I................. 12. Type of Hearing ...._.........._.........................................._........................................_............................................................................................._..... . ........................................... 13. Date of hearing ......................._,....................._......................................................................................................................................................................................................... aid with application 30.00 14. Fee P PP $...._........................................................................_........................................_ ................................................................................................. 15. Date Paid ......................_...................................................................................................... _ --............................................. Signature of Appli v' APFOCATION FOR PUBLIC HEARING CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for Cite Clerk's Piles.) 1. Name of Applicant (print)....._...Ram...i=qt..and....JAMW DEMO ...................................................................._................................... 2. P.O. Address of Applicant ....EClg....$IAi' $3,ghth Street,, Miami Florida .................................. .................................._. 3. Address of property covered by applicant...582...8...Bird Roads .South Mani.#........................Flay ........... ................................................................................................_............................................................................................................................................................................................................. 4. Legal description ..........1 4ta.....9....a nd.....lQa.....B1A.9k....�,�.....o�....�fAl�.t9.e.�..e.1d....X. ..�....l�..!�. T. to the plat thereof, recorded in Plat Book 870 page g, of the Public ............ . ........................_........................................................................................................................................_..... �{•ao sot a �ountTi 'F'1��►irtit�.. 5. Yresen.t zoning requirements ................................................................................................................................... C•1 6. Proposed changes ..........Razo ing- a ' wad....pp" tt Por.....the ......................... operation of an undertaking establisbment ................................................................................................................................................................._.........................................................................................................._................................... 7. Are 3 copies of detailed plans and proposed uses attached? ........Y AM.............................................................................................................. 8. Name and official widths of abutting R/Ws................................._.........................................................................................................._................................... ................................................................................................................................................................._............................................................................................................................................... 9. Additional dedication proposed ......................._.........if ......................................................................_........................................................................................ ......................................................................................................................,.........................................._............................................................................................................................................... 10. Will dedication result in public ownership from center of R/Ws to official width of abutting lot?..$bne.. 11. If applicant is not owner, is letter of authority from owner attached: 4Dplieable .... ................................._.................... 12. Type of Hearing? ..............................................._......................................................_...................................................._...................................................._............................_..... 13. Date of hearing .............................................................................................................._.........................................................................................................._............................_.... 14. Fee paid with application Aq'1 15. Date Paid .................................................................................................................. :.........._..:....................................._........................ .................................................................._..... Signature of Applica JACK H . EAKLE lit ATTORNEY AT LAW hL 5891 SUNSET DRIVE ' SOUTH MIAMI. FLORIDA PHONE MO 1-6295 March 14, 1955 MAR 15 I95 i 4 CITY OF SOUTH MIAMI Planning and Zoning Board City of South Miami South Miami, Florida Gentlemen: This letter, accompanying the application for re- zoning under Special Uses for Mr. Robert Wixsom and James Dean, is for a point of information as regards your pre- liminary expedition of the aforesaid application. When your board. establishes the prescribed bound- aries for notice of public hearing, my office will be most happy to assist the City Clerk 's office in preparing the name and address list of the parties to be notified within said prescribed boundaries so that our particular application may meet with the earliest possible audience. Very sincerely, Jack H. Eakle JHE,fk Encl. (2) Note: Application is for"rezoning under Special Uses and Conditions for the operation of an undertkking establishment at 5826 Bird Road, legally described as Lots 9 and 10 Block 1 WESTERFIELD MANOR, Sec, 3, PB 27-g, *now zoned C-1. SGM ,1 JACK H. EAFLE Attorney at Law 5891 Sunset Drive South Mlami v Florida Marcia gkv 1955 Plate and Zones Board . City Of South Mid South Liam., Florida Gentlemen: This leiter, accompanying the application for rezoning ' under special Uses for ter. Robert Wizsom and James Dean.,, .is for a po nt...Of information as regards your prelikinary ex. pedition of the. aforesaid application. When your board establishes the prescribed boundaries for notice of public hearing.g any office will be most happy to assist the City Clerks office in preparing the nee acid address list of the parties to be notified within said prescribed boundaries so that our particular application may meet .with the earliest possible audience. A � Very sineerely'q (signed) Jack H. Eakle JHE t fk Encl. (2) Dote: Application is for "rezoning under Special -Uses and Conditions for the- operation of an undertaking establishment at 5826 Bird Roads legally described as Lots 9 and 10, Block 1,0 WESTERFIELD MANOR., seas. 3o PB 27-9g" new zoned 0-1s SGM 1 • a. JACK H. EAKLE Attorney .at Law 5891 5 9 Sunset Drive south Miami® Florida Parch 14, 1955 Planning and Zoning Board ai$y of South MIam9, South Miamis. Florida Gentlemen t This letter, accompanying the .applieation for rezoning under Special Uses for Mr. Robert Wixsom and Jamos Dean, 3s for a point....of Information as regards your preliminary ex- pedition of the aforesaid application. When your board establishes the prescribed boundaries for notice of public hearing, my office will be most happy to assist the City Cl.erk$s office In preparing the name and address list of the parties to be notified within said prescribed boundaries so that our particular application may meet with the earliest possible audience. Very sincerely,, (signed) Jack B. Eakl.e JHE:fk Snal a (2 Note: Application is for "rezoning under Special Uses and . Conditions for the operation of an undertaking esta.blishaent at 5826 Bird Road, legally described as Lots 9 and 10, Bloc 19 WESTERFIELD MAkOR, 8e0a 3, PB 27-9," now zoned 0-1. SGM SOUTH MIAMI ADVISORY ZONING BOARD AGENDA May 64 1955 1. Howard .C. Kirkpatrick and Esther L. Ki.rkpatrickv request for variance to permit division of Tract D WEST LARKIN PARK PB 12-49 into two lots. BARD'S ACTION: At the request of Mr. Kirkpatrick this matter was tabled until the Board's next meeting on May 20. 20 Lee R. Barnes, request fbr vari azice to share tractor on his lot at 6210 SW 78 Street (Lot 5 Block 7 OAF. HEIGHTS PB 46-64) B�?ARD4S RBC® IENDATICN: That this request be denied. 3. Howard B. Rosen, DDS, and Gaz1ay Properties, Inc. 9 request for variance on Lots 9. 19, Block 3$ WESTERFIELD MANOR, Sec. l and 29 PB 18-47 to erect a dental clinic, BOARD5S ACTION: That upon proper application being submitted, a Public hearing be set for June and the area of notification established at 300 ft, 40 He request of Luella .0 a Bussel.l for permanent zoning for funeral home ,on Tract A., Block 1 RCaSWOOD (a Esc -overo) BCARDvS ACTION: That upon receipt of proper application,, a public hearing be set for June 3 and the area . of 600 ft. set for notif icatione ;. i K 'to � April 28, 1955 Zoning Board City of South Miami South Miami., Fla. Dear Sirs: I wish to apply for a variance in zoning of lots 9 & 10, Block 3, Section 29 Westerfield Manor to permit building; a dental clinic. Enclosed is a drawing of the front elevation which Will look like a residence. Also enclosed is a _ rough sketch of the lots shoeing a 25 ft. set bach from the property lino and 7' ft. set back from the west property line. Part of the grounds around the buildin,; will be beautified and the balance will be used as an off street parking area. I will submit later, complete set of plans for the building I wish to erect. Sincerely, (signed) Howard B. Rosen, DDS Dr. Howard B. Rosen 4100 S. Red Road South Miami, Florida: Phone.: MO 1-9641 As the owner of record of the above described property I join in this application for the variance. We have entered into an agreement for deed, contingent on the granting of this variance. Gazlay Properties Inc. By (signed) John Gazlay reSr -�'� , �t I // ,/ �� 5d�m6 T `� �� l�S i -Pb�f7� b r -0`-�i�/ D APR 29 '^F� CITY OF SOUTH MIAMI April 28. 1955 - Zoning Board _.. . City of South Miami South Miami , Fla. Dear Sirs: I wish to apply for a, variance in zoning of lots 2 & 10, Black Z, Section 2, 'iVesterfield Manor to permit building . a dental clinic. Enclosed. is a drawing of the front elevation which will loop like a residence. Also enclosed is a rough sketch of the lots showing a 25 ft. set back from the north property line and 71 ft. set back from the west property line. part of the Lrounds, ar )und the building will be beautified and the balance will be used as an off street parkinU area. •I uvill submit later , complete set of plans for the building T A sh to erect. Sincerely HO NA.ID B. �i0 SEJ N, DDS As the owner of record of the above described property I join in this application for the variance. We - have entered into an agreement for 9G deed, contingent on the granting of Nt this variance. �j John` Gazlay 0>,(14� 1 RESOLUTION NO. 4 3 AA A RESOLUTION REZONING LOT .24 BLOCK 29 WESTERFIELD MANOR SECTIONS I AND 29 PB 16-479 AND LOTS 1 TO 13 INCLUSIVE$ BLOCK It WESTERFIELD MANOR SECTION 3, PB 27-9s SETTING FORTH CONDITIONS FOR THE REZONING OF SAID L.AYDS FROM RC-1 TO 0-1e WHEREASa it to felt by the City Council of the City of South Miami that it is for the best interests of the City that the above- deseribed lands shall be rezoned from RU-1 to C-10 and WHEREASQ It is the r000mmendation ®f_ the Planning Board of the City of South Miami ,that the rezoning of Lots 1 to 13 inclu- sive, Blook 1. WESTERFIELD MANOR, Sec, 3 shall be subject to cer- tain conditions, NOW$ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH MIAMI : 1;, That Lot 248 Block 2 WESTERFIELD MANOR,, Sections I and 29 to plat thereof recorded in Plat Book 18 page 47, Public Records of Dade County, be, and the same is, rezoned from RU-1 to 0-1e 2, That Lets I to 13, inclusive, Block 1 WESTERFIELD ,MANOR Section 3m according to plat thereof recorded in Plat Book 27 page 99 Public Records of Dade County, be and the same are hereby rezoned from RV-1 to 0-1. conditioned however, on the fallowing Planning Board recommendations, to wit: °ANEW BUILDINGS: 1, Individual Conmercial buildings erected by individual Owners on separate lot or lots shall be designed in a manner wh.loh will present the appearance of as "Unified Building " in desi.gn" conforming with sketch of "§m_ xested Sehematic Elevation Pro oared Birds mercy Road. Como an ® gr ant- a s ng of change in zoning from RU-1 to C-1 shall be eonm tingent upon Property Owners conforming with said drawing. This requirement will tend to eliminate the possibility of poorly designed individual buildings prevalent in other areas and will react to the benefit of the in- dividual. Owners and the City of South Miasma 20 . Front (NORTH) building line shall be thirty-two (32) Feet from property line in order to provide seventeen (17) feet for diagonal parking and fifteen (15) Feet for Future widening of Bird Road. 3, Rear (SOUTH) building line shall be twenty (20) feet from property line to provide- parking and/or access to rear of future buildings. This permits a depth of suety-three (63) feet for buildings 4. The portion of property contained within the FRONT and REAR set-baoks shall be paved at time of construction of said building or buildings. p ,c s•, A zonc�v' e 1 ue,-'o € :all,, ,';3aIntedo all (6:') Feet st' s ' sttall on .RIBA !YPOpOrt7 IL"G, ,t 1MQ �s0 ,t a--tion of. 8611 �a�.11d1ng or- bu,iIdInge as & screen . be twaen the existing re id�.�nt a" andi new Commercial .R� �m� p �riF: :.' pgiv ""t6:2d ',yMyY /,..�yks °� y' }`d�yy�1.RCopypgp �$p #gwt € dy£}3�n� the 99 y9'r�'t�lpert'r1 are B�I.�!i±i:-Y. .{,•�Y�G.a 0-1 YAf Invited ox .e C ial l 4.ssf, as we that rho ,following Y'eq l.'.ra- .. mert Y..s hs o�iriy..w'To-li qd w It Ali, �.4 eau��JC� 11"16 SkAoh .0 aga 0- 9 r as -fa ►1i C 9 r.. ..Pr�,? }4`;z,,ty 2.'om, iFk�+ovk `aV� EY 1l PB j I N�a�� existing. `;`C'' bu1.1d k-h l wr. Lwt�t' P'"ad from fz,'omt of building 3yfi J=.i:,Twn'?a to : .E.'4tae'wacS} - I, .d `,"mat a r:.onwrets blool"t any �� co �-a�� . painte-19 six (6), r; c ��'. r '� � a `ed o 3 a�.as�R �t��o erty line as a sc$ oon fir,twee n the 0 s A x t i7g Rao"dentiv, 1 and new, Com-orelal property," m = '.2ha t sa kLd zoiAog sim :�,.� beetome of fe6tive upon the ens,ety ent y r.�qt Yf3•• �y ry 0p t.(9 a g' 9�� l.,% ART)) y'il f..1'_?!'.J S�.cfA�r'%� �r...1�,�.,.s�i. - �..�.1, �'. �{ �.r�f �.'M��P$ad`cs�WrS. y^, fit.�✓d v�,l`�;,,c° a e �s1gRe' d Carl Gluc ATTEST (alopud) Sylvia G. part n STATE .OF FDORMA COUNTY OF DADS I# Sylva Go Martine Clerk of-.the City of South Miami g' Florida, do certify that the foregoin is a 'tarue and correct copy of Resolution No 743 passed and adopted by the City Count- .., oil of South Miami„ Florida at its regular,.meeting on December 21,* A*D b 1954-w Given under my hand and the seal of the., city 'O:f South Miami Florida this 9th day of Au-at# AODo .19 60 Cl y C]a R, City 37 South MamiiFla* C E R T I F I C AT E I, Sylva G. Martin, Clerk of the City of South Miami, Florida, certify that the records in the files of the C.Ityis Tax department show that Robert .E. Wixsom and James .J. Dean took title to Lots 9 and 1a Blk l WESTERFIELD 14ANQR, FB 27,/90 by Warranty .Deed from Philip Nascio, undated, and recorded on March 80 1955 under Clerk's File E-36356, Public Records of Dade County, and that said Warranty Deed was re-recorded on May 6.: 1955 under- Clerk's File EE-71770 to show the. date of said instrument as February 9' 1955 and the title to Robert E. Wixsom and w Olga M. and James J. Dean and w Rachelo m d. by specific reference that It was a re-recording of EE-363560 Glv6n under my hand and the seal of the City of South Miami, Florida this 9th day of August, A.D, 19560 C ty ler , c ty o r nrutfi' Hlaml, Flo*ida 1 LIST OF PROPERTY OWNERS AND/OR OTHER INTERESTED PERSONS WITHIN THE AREA OF NOTIFICATION (300 ft. FROM ALL CORNERS OF PROPERTY INVOLVED) WHO FILED OBJECTION TO THE PROPOSED REZONING OF LOTS 9► 10 BLOCK 11 WESTERFIELD MANOR SEC. 3► PB 27/9► PER NOTICE OF HEARING FOR SEPTEMBER. 23, 1955. 1, Grant L. Kidders 7. W- -D - ist16as 4900 SW tF8 Ave. 5825 SW 41 St. Miami 34,F1a. South Miami, Fla. Lot 60 W, 12j ft. Lot 7 ' Lot 19 Blk 1 Block 1 8, Mr. & Mrs. Thos. F. Jardine 2e Regina Fleischer 1444 Cecelia Ave. 2 E. Beach St. Coral Gables, Fla, Long Beach, N.Y. Lots 1, 20 30 240 250 26 Lot 7 less W. 12* ft., Block 1 • Lot. 8, Block 1 9. Donald F. Smeltzer 39 May Sober BOX 623 1716 Bay Read Larned, Kansas Miami Beach, Fla. Lot 179 Blk 1 Lots 11,12 Block 1 10. Petition signed by 24 residents 4• Gerald Castelein, owner or owners of property in vi- 8050 Grand Canal Dro cinity, in the County Miami 44, Fla and 11. Petition signed by 13 owners A. D. Phelps, Inc. 99 yr. lessee of property in the vi- 305 Kinnggsbridge Rde cinity within the City. Bronx 58, N.Y. Lots 1, 2, Blk 2 5e Wm. Segal 4590 Jefferson Ave. Miaml.,Beach, Fla, Lot 23 Blk 2 6. Dade County Zoning & Bldg. Dept, Dade County Court House► Miami, Fla. STATE OF FLORIDA ) COUNTY OF DADE I, Sylva G, Martin, Clerk of the City of South Miamif do hereby certify that the foregoing is a correct list of the names, addresse* and legal descrilytions of property owners who filed written objection either directly or thru their at- torneys, as reflected in the file of the aforementioned hearing of September 23, 1955; in the files of the South Miami Advisory Zoning and Planning Board. I do further certify that the two petition& are the originals submitted on October 4► 1955 prior to the regular Council meeting that o-evzn1Mp at Which the recommendation of the Advisory Zoning and Planning Boardfwas scheduled for consideration. Given under my hand and the seal of the City of South Miami, Florida this 9th day of August, A. D. 1956. City Clerk, City of South MN 09 Fla . August 9, 1956 Received from the City Clerk the following 'tents in connection with the .dixsom-Dean case : 1. Certified copy of Res. #743 2. Certified copy of Ord. #276 (also known as Zoning Ord, ) 3. List of names, with addressed and legal description of property owned, of objectors to the proposed rezoning. 4. Original petition of objection, signed by 24 residents or owners in the County 5. Original petition of objection, signed by 13 residents or owners in t he City 6. "'racing of Mocks 1, 2, 3 and 14. WESTERFIELD 12,11019 on which names of objectors w1thin area of notification were spotted. 7. Certificate re date of title transfer to I;essrs. 11ixsom and Dean. January 169 1956 Mr. Andrew T. Healy, Attorney 55 Giralda Avenue Coral Gables, Fla, Re : Tats 99 10 Block 1 WESTERFIELD MANOR 27/9, 5826 Bird Road (Wixsom & Dean) Dear Tir. . Healy: As stated in your letter of January 139 an application for special usage of the above captioned property by Wixsom & Dean came up for public hearing before our Advisory Zoning Board on April 1, 1955• On the recommendation of that Board and also of the Planning Board the City Council denied the aforesaid application at its regular meeting on April 5, 1955. The motion to that effect was made by Councilman Corley and seconded by Councilman Annis. I hope this gives you the information desired. Thanks for being patient - I was really "snowed under" on Friday when your secretary called. Wit)L kind personal regards, I am Sincerely yours, SGM Sylva U. Martin ANDREW T. HEALY ATTORNEY AT LAW JAN 1 � 55 GIRALDA AVENUE CORAL GABLES 34,FLORIDA TELEPHONE 63-5254 iTy Of. SOUTH a January 13# 1956 Mrs. Sylva Q. Martin City Clerk P. 0. Box 14 South Miami, Florida Re: Lots 9, 109 Bk 1 WESTERFIELD MANOR 2 7/9 5826 Bird Road (Wixsom and Dean) Dear Mrs, Martin:° Will you please give me the date of the meeting at which application for Special Usage of the above -deseribed property, applied for by Messrs. Wixsom and Dean) at the public hearing of the Advisory and Planning Board on April 1. 1955, was turned down? Also, who made the motion and who seconded it. Sorry to be such a nuisance but I don't seem to have a record of that action. With best wishes and kindest personal regards, I am Sincerel Andrew T A,TH*me d NOTICE OF PUBLIC HFARI KG rd an the Sa&,h :F a j Comi m—ty Bxdldingo Robert Wizaam and James Dz z Application for � -q 't razoning under special uses and conditions to 3 i,l ap ration of an =dertaking establishment at 5826 Hied Drive (Lots 90 10 Eak I 1 TERFIELD MAO MAKOR Sae„. 19 PB 2”/91,no ' z ed. C-le subject to an over-all plan. All int&rested prnrsonz are urged to attend, Written approval or objections should be Ailed with the Beard prior to the hearing, The Broard re"r®es the right to recomend changes within the area, to chime minims � or gather rest rictionoa etc'e,, for the best Interest's of an overall co py-shenuive plan,, SOUTH MIAMI ADVISORY ZONINIG. BOARD SEW, dFiMman Sept embar :. 1955 I G. L r'p!4.�-q��gry., •y! i gR'.ge�'q'� 1 SOUTH HONADVISORY ZONING 'BOARD m m �"d Aus t 5 1955 g 22 it ems there was no quorum) 1, Morris Marmorstein: Request for set-back variance to erect a 20-unit apartment can Lots 9., 10 Blk 6 TOWNSITE OF LARKINS PB 2_105 (SW 67 St.. and Std 61 Ave* ) BOARD'S AOTIONt That this be tabled forlmore details* t� of Plana ard oi, the application of Edward .c X20.. *0'r Coughlin for ..approval of tentative plat of S� of � of �`� of W* of SS10 Sec, 25-54-40 BOARD'S ACTIONi That no further action be taken until the Planning Board and the Drainage Board give an overall plan for the de� velopmat of that area.. At such time the Zoning Board can oonsider the Zoning for lot sizes, 34 Re deed igstrictions for MERTON PARK PB 57-54, Held over from previous Beard meeting, BOARD'S ACTION; Na action takenr awaiting .fa then clarification and the attendance of the applicant at the next meeting of the Board. Robert Tdixsom and Ymes DeanD application for rezoning / under special uses and coedit u��. s 'or operatiOn Of �� u��der�, (/ taking establishment at 5826 Bird Rd (Lots 9v 10 Blk 1 WESTER- PIELD NIOTOR Seev 3P PB 27-9), Aecomp4nied by check for $30,00 for hearinge. BOARD°.S ACTION: Hearing set for Sept, 23 and area of notification set at 300 ft. N• &J BOARD'S RECOHMNDATIOW in eonnec ti0v ' th. all app ns for rezoning t That the City have signs mAde �.�s� o��orrr�.r�, to the raqui.�e- meats of the Zoning Ordinance (see. r,_1_3) �o be rental or loured to the applications for the raz6ning. (Fors deta: led, motion see ZorArZ Board minutes of Aug. 5) 50 R, L, Vepnonv request for vas.°ianze from raliMinEw to place a duplex on tot 8 EAVE.Ra --mo-SIT ES PB 41-690 ja t, south of his home on Lot 7, located at 7321 SEA 63 Axo, BOARDS RECO�{T� �`�0 � yngat '�j-.e apps.;C2 t :�s so far off the r�dri. Imm requirements or. the single lot that it be sugg�sted that he consider usizkq, both lots and tear dmurn th-: existir4 building and 'build a duplex or, the two lots,,. -which would still be approxi- mately 500 sq. ft. short of the required min imv- o APPWATION FOR PUBLIC FICARING P �_ CITY OF SOUTH MIAMI, FLDRID,A JUL 25 1059 �. (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for City Clerk's Piles.) CITY if SOUTH MIAMI 1. Name of Applicant (print)................._...ROB=....W-=.,.Al`d...J M133....D VA14....................................._............................................. th street 2. P.O. Address of Applicant .....2W 0 Sigh ................................... ............................._............................................................................................................................................... 3. Address of property covered by applicant.................,.. �....A.U.4..Rt ..............................................................................................._..... .............................................................................................._................................................................................................................................................................................................................. \� 4. Legal description .......XPO.... ._A ld....;Ww .H19*....I.....Q.f....wast err, 4 �...�11t142! aAQ41'4l1g.......... \, t0..t..YEA...p.... ... lAl"e0 .....1'l1QOl$8d..... .... ` fi.... .... + PReacrds .of 1� .e County., F.lorid � j ...9....(or t....Lhe>�.....�.ub�L�,a........_..... 5. resent zoning requirements ................................................................................... C•l. .................................................................................... 6. Proposed changes W!!& ....mdo '.....apocial....Vis-ex....Anti......Conditlo=.....for....the........................... 4101'atit7!A...of....aa...=de rtakLn g....establishment........................ ..........................................................._................................... 7. Are 3 copies of detailed plans and proposed uses attached? .......yetl......... ..................................................._............................. 8. Name and official widths of abutting R/Ws.........................................................................................-..................................................._................................... ........................................._......................................................................................................................._............................................................................................................................................... 9. Additional dedication proposed ......................._................. d.........._.............................................................................................................................................. .........................................._......................................................................................................................._..........................................................................................................-.................................... 10. Will dedication result in public ownership from center of R/Ws to official width of abutting lot?..................... 11, If applicant is not owner is letter of authority from owner attached: .....,NQt...&jkj*iUb .................................. 12. Type of Hearing? ........... .................... ............_.........................................._....................................................................................................................................... ....... 4 13. Date of hearing ...................�.�`�.............................................................................................................................................................................. _.... 1 Fee paid with app ication $..... Qa.0..0........_................................................................................................... Date Paid......... .. .............. J /.. . ... .... ................. ............. ...........................-...... .. ....... ........................................... -) Signature of Applicant,,::::.:�. �/.fja....., . .......:;: e.r:G ;. ...._................................... 1 � 10 A '.�'r':C. P�' :. � qq •, :P fir.. .�..; r p ....., •.��.l�_i9P.+�< .�!.i... �.R. ..�._.. L...[�'.`:E.: i;r ��rgg:.d._.��yy .�F.y�_�"�.,..�4ir., 2'& ':'7 ,r 4.Et LJ:�_6�:J .E��t e` - ".� ._n A _a 1 L<".`t s yM .fi. 6 rt .��, a ...,.Pb <E !' F j / A.� N ' �E.Lk.. e O M ' 'a s)5� sL? l.i�p.rp� o C,j'.r 5,n�r�i;.:...�:s 1�3^ �..h G I d, 'd! Uz ,:r: .. s�£?: F.P,}.r,r�.?...°.�:i 4.e. 1'�,.*.�4«r�7. 4r+r� �� ':.�.�t•� ..C�..�.s..i�t..-. P..°an E.. N: Fs ,r., �•, f,n*.,.�s �;ter+'� BJARDOS '8da'M®Wqi "T)a.T r6UN'a ThOt y ,syfi6�-' a,..s� the �"V)... vr' iq. eernedq 'ghat th,-4. ®. °»°,C°r� re:v,-4.-Oted he ivrantnxl 9.n. hR t the City Couljeil put in any, restriatio s that they doom necessary to pr®tact tho espec=4,01"ly as to r*24 kins"m e?haracter ®f build:i.nge etc,,, 1� f t1h 1 :34 - �°- bel of that as �r�� as rah® b building ^.d.n^ $, ezgn4`si a th fire will not be Brach �,f a parking problem because it does not len-A itself tO laPg® Eath®rings® The reason for recommend irZ the granting ®f the ,ztriance is based ®n the fast that there z-4r4. n-, ob ectlons flora the .�as:!.! sxitis sum the jr;,,njd -tr�Y -d: �i�aa :RTT-:1. tined px P®qty *G„at thz ��-sue., t,% t x,11. �bjest ons ve-Me P" om. in ®rs of proper-607 3 6.i.. db' b4 -iY{ 6/o8& flirting wipe t �.,, �,. ?ter �.$�.*'!�-T s.,srz ty,�. t.�a� t+s,8�.s1. �p:�i?. �9.,�.,�a°`�s •. ,e nv-�F+.GS-Il.+. ;�6 i•I'!�'4.0:�) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF SOUTH MIAMI HELD ON TUESDAY., APRIL 5.9 A.D. 1955 AT THE COMMUNITY BUILDING AT 8:00 P.M. Mayor Gluck called the meeting to order with all members of the Councils City Manager Bishop., Attorney Proby and Clerk Martin present, Councilman Corley$ seconded by Councilman Bryants moved that the minutes of the regular meeting of- March 15 and of the special :meeting of March 22 be adopted as individually read, Motion carried PETITIONS & COMMUNICATIONS: A, Mayorls request for place on agenda re a resignation from a Zoning Board member. Thereupon the resignation of Mr. Willard Barton, to. be effective not later than April 15, was read. Councilman Corleys seconded by Councilman Tevis, moved that the resignation of Mr. Burton be accepted. Mayor Gluck suggested that -the resignation be accepted with a vote of thanks. This was agreeable with the members of the City Council, and Motion carried Thereupon the letter of resignation (effective dune 1) of Dr, Harry P. Schultz was read, Councilman Corley, seconded by Councilman Anniss moved that the resignation of Dan. Schultz be accepted, It was also suggested and acceptable to the Council that a vote of thanks be given. Motion carried B, William Segalss request for place on agenda. Air. Segal addressed the Council about the parking facility situation for a centralized business area, He called the Cc-aneilts attention to the fact that there must be adequate parking for business. Councilman Teviss seconded by Councilman Corley, moved that Mayor Gluck appoint a committee to investigate this problem thoroughly and report back to the Council as to the providing of fixture parking space, Councilman Corley stated that he felt that such a e mmaittee 1 to cocae the overall plan for the commercial development of this block, (2') That the parking facilities and traffic facilities would be totally inadequate and not as presented. (3) That this would break down the intended 0-1 zoning intended for this block and (4) Objections have been entered by persons living in the area." Councilman Corley moved to accept the recommendation of the Zoning and Planning Boards; that is, that the application be denied, Councilman Annie seconded that for the purpose of discussion, Zaek Eakle, attorney for Messrs. Wixsom and Dean, then arose and addressed the members of the City Councils, stating that he would like to have the opportunity to discuss their proposal fur- ther with the Planning and Zoning Board. After considerable dis- cussion the question was called. Motion carried by poll, as followsa Tevis-yes; McKinney-yes; Annis-yes; Bryant-no; Corley-yep , Mr, Eakle then stated that he would apply for a public hear- ing of the matter, Co Zoning Board: le Applications: "Paul Hillers for Betty Landman, amended application for RU-2 use and facing proposed duplex on SW 58 Avenue at Sid 41 Street (legal description Lots 1 and 2 Block 3 WESTERFIELD MANOR, Sea, 1 & 2, PB 18-47) now zoned RU-1, "BOARD'S RECOMENDATIONs That request be granted, as a variances and the facing of duplexes on Sw 58 Avenues as requested, with the suggestion that the utility room at the rear' be enclosed' and that the outside door to the bedroom must be walled up as such an entrance is prohibited in the building code." Mr, Fink gave oral approval for the Planning Board, Councilman Tevis., seconded by Councilman Corley,, moved that - 8 - 011rlzTJ` brEz wit llpmj"! k",:,'�4` O-qJ ;Wfl lrW�'r I-z.v:mcil Gsoxlnr�,r�Kli asir& czt auif a 'Yv, vv OX Nmex! cildv n ol .CqC'la blyr Cfi bzr ace 1.3301) lAe'vdS ►.11 la i. cox ...A 03� 11p, LS A I (IdalqXIM1,11', E fool,& S. I'S ez abo-lazis tamipe'l Zloif"flll ,Una(-IV.k 8� Vra go .10 brf.L moo'l rdill"ilm eff;� 'V�*.Msll -dJjlA-f tbl-::40�en�p,�;t Z,-3 erij irarlzl bw, Ad -ii-1va wdl-d Z;1,13 pormi4sie uz .6jus a,, qjs ballsvi cid 6',cvvi ;,wo-m-' acl ll*v6 OtId .blBoa gq M the Zoning Board recommendation be acceptaa in this matter. Motion carried by poll, as follows: Tevis-yes; McKinney-yes; Annis-yes; Bryant-yes; Corley-yes. "2. E. Tatum request for variance to permit construc- tion of. two duplexes on Lot 9 and portion of South Street between Lots 9, 26 and 27 W. A. H. HOBBS SUBD. 4-111 (SW 62 Court north of SW 74 Street) (NOTE: This was amended at the meeting to a request for one (1) duplex. ) "BOARD'S RECOMMENDATION: That the variance be granted for a duplex on the particular lot in mind, subject to acceptable and suitable plot plan showing loca- tion of the duplex along with the parking area and facilities." Councilman McKinney, seconded by Councilman Tevis, moved that the recommendation of the Zoning Board be accepted, Councilman McKinney amended his motion to read "resolve" and Councilman Annis seconded this amendment. Motion on the amendment carried by poll, as follows: Corley yes; Bryant-yes; Annis-.yes; McKinney-yes; Tevis-yea. Vote on the motion carried b* poll, as follows: Corley-yes; Bryant-yes; Annis-yes; McKinney-yes; Tevis-yes, "3. Re Wixsom and Dean - Already acted upon. " ., David Blair Reynolds - request for variance to permit construction of two duplexes on Lot 36 and N. 45 ft. Lot 35 W. A. H. HOBBS SUED. PB 4-111 (72,30 SW 62 Place) "BOARD'S RECOMMENDATION: That the request for variance to permit construction of two duplexes on Lot 36 and N. 45 ft. of Lot 35 W.A.H. HOBBS SUBD. PB 4-111 be denied on the ground that this would be going considerably below the present zoning for duplexes in that the total frontage is only 105 ft. and the square footage is approxi- mately 29000 sq; ft., and, further, that David Blair Reynolds has acquired this property since the passage of Ordinance Noe 276 and that there- fore no hardship can be deemed to exist." .. 9 - NOTICE OF PUBLIC HEARINGS BY HE SOUTH MIAMI ADVISORY ZONING AND PLANNING BOARD, Friday, April, l, 1955 at the Community Buildings commencing at 8:00 P.M., on the following applications: 19 Paul M. Hillers for Betty Landman,, amended appli- cation for RU-2 use and facing proposed duplex on SW 58 Avenue at SW 41 Street (legal description Lots 1 and 2 Block 3 WESTERFIELD MANORS Sec. 1 & 29 PB 18-47) now zoned RU-1. BOARD'S RECOMMENDATION: That request be granted,, as a variance, and the facing of duplexes on SW 58 Avenue, as requested, with the suggestion that the utility room at the ream be enclosed' and that pM the outside door to the bedroom must be walled \ X155 up as such an entrance is prohibited in the build- �1 ing code. 20 Robert Wixsom and James Dean for rezoning under Special Uses to permit an undertaking establish- ment at 5826 Bird Road (legal description Lots 9 aa:S = 'Block 1 WESTERFIELD MANOR See. 3 PB 27-9) now zoned .0-1. BOARD'S RECOMMENDATION: That the application be denied because: (1) It would render ineffectiv® for many years to come the overall plan for the commercial development of this block, (2) That the parking facilities and traffic facilities would be totally inadequate and not as presented. (3) That this would break down the intended C®1 coning intended for this block and (4) Objections have been entered by persons living in the area f` SOUTH, MI.-il ADVISORY ZONING & PLANN!-.,*' BOARD A G E N D A aes ws �.. ae mr m. March 18,9 1955 HEARINGS: 1, On proposed extension of C-1 zoning to include all W.A.LARKINS SURD. PB 3-198, Tracts 1 and 2 LARKINS FOREST AMD. PB 33-44- Lots 54-55-56 AMERICAN TOWN- SITES PB 1-134; Lots 1 to 69 Block 1 SOLOVOF SUBD. PB 7-11; Lot 1. Block 2 LARKIRS PITS PB 24-20, BOARD'S ACTION: That considerable study should be given to the matter and that it be placed on the agenda for the Board's next meeting. APPLICATIONS: 1. Paul M. Plillerp for Beth Landman,, amended application for RU-2 zoning and facing proposed duplex on SW 58 Avenue (Legal,- Lots 1 & 26 Block 39 WESTERFIELD MANOR See. 1 & 2 PB 1.8-47 v now zoned RU-1) BOARD'S ACTION: Hearing set for April le Area of notifica- tion 300. ft. 2. B. Tatum, request for variance to permit construction of two duplexes on Lot 9 and portion of South Street between Lots 90 26 and 27 W.A.H o BOBBS SUBD© 4-111 (SW 62 Court north of SW 74 Street) (Note: this was amended at the . meeting to a request for one (1) duplex) BOARD'S RECOMMENDATION: That the variance be granted for a duplex on the particular lot in mind, subject to acceptable and suitable plot plan showing location of the duplex along with the parking area and facilities. Excerpts from Minutes or Regular Council Meeting, April 5, 1955: C. Zoning Board; 1. Application: "Paul Hiller, for Betty Landman, amended application for .RU-2 use and facing proposed duplex on SW 58 Avenue at SW 41 Street (legal description Lots 1 and 2 Block 3 WESTERFIELD MANOR, Sec. l & 21V PB 18-47) now zoned RU-1. "BOARD'S RECOMMENDATION: That request be granted, as a variance, and the facing of duplexes on SW 58 Avenue, as requested, with the suggestion that the utility room at the rear be enclosed, and that the outside door to the bedroom must be walled up as such an entrance is prohibited. in the building code." Mr. Pink gave oral approval for the planning Board. Councilman Tevis, seconded by Councilman Corley, moved that .the Zoning Board recommendation be accepted in this ,matter. Motion carried by poll, as follows: Tevis -yes; McKinney-yes; Annis-yes; Bryant -yes; Corley - yes. STATE OF FLORIDA } COUNTY OF FADE ) SS: I, C. B. Petry, City Clerks in and for the City of South Miami, Florida, do hereby certify that the foregoing is a true and correct excerpt from the minutes of the City Council Meeting, April 5,, 1955, aecording to the records of 'the City of South Miami.; Signed and sworn to by me this 26th day of March, A.D. 1958. . Petry, CiEy CferR 1 - i April 18, 1955 14 Paul Hiller Bonded Construction Co.. 2328 NW 7 Street Miami, Florida,.., Dear Mr. Hiller: Ro: Paui- Hiller, for Betty Landman, amended application --for RU--2 use and facing proposed duplex on Sol 58 Ave. at SW 41 St. {Lots 1 & 2, Blk. 3 WESTEnFIELD' W-NOR Sde. 1 & 2 FB 18_. 7, now zoned RU-1. Following the public hearing on the above matter, the Advisory Zoning Board rude the following recommpnda.tiont That the request be granted, as a variance, and the facing of duplexes on S.' 5R Avenue, as requested, with the suggestion that the utility room at the rear be enclosed, and that the outside door to the bedroom must be walled up as such an entrance is prohibited. in the building code. At . its ,regular meeting of Epril 5 the City Council accepted this recoL_^:si,datlon. - .".s you will recall this recommendation was based on the plans submitted by you for Mrs. Landman., Very truly yours, CITY OF SOUTH N IAM I By SGM .. City Clerk .a nun D,&DnGo _ = um�u 'too - _-.. OFFICE OF e . 3 PLANNING,ZONING & BUILDING DEPARTMENT 1 4 0 8 C O U R T H O U S E PHONE 3-4721 L ��" MIAMI 32. FLORIDA March 31 1955 South Miami Advisory Zoning & Planning Board City Hall South Miami, Florida Attention- Harry P. Schultz, Chairman Gentlemen: This department and the Dade County Planning Board desire to register objections to the application of Paul M. Hiller, for Betty Landman, for change of zone or variance to permit duplex use on Lots 1 and 2 of Block 3 of Westerfield Manor. . Duplex use on the property concerned would constitute spot zoning, the property being immediately adjacent to single family zoning and development on the east, west and south. This single family zoning is all in the unincorporated area and extends for a considerable distance to the east, south and west. For the small amount of property under the control of South 'Miami in this area, it is revealing that almost 100% of it has been the subject of applications for zone change or variance in the past year or two, and the bulk of the property in the area, under the control of the unincorporated area, has remained zoned, without application for change or variance, in its original classification of RU-1 (single family residen- tial). This is a clear indication of the often repeated statement that spot zoning or variance is the opening wedge for a breakdown of zoning in any area. It is earnestly requested that the subject application be denied. Very truly yours, R. F. Cook, Director Dade Co. Planning, :honing & Bldg. Dept. RFC/gh f ®� ' Lo w 1,7 a / L o Jas V4 4 e1 ,--, � �a _ l IV � Pi n o��r..•_ :t t 0 1 � � ,,.1 7 r 7 \ i y 1 I f U APPOATION FOR PUBLIC *RING CITY OF SOUTH MIAMI, FLORIDA MAR 11 1955 (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy four City Clerk's Files.) CITY OF SOUTH M 1. Name of Applicant (print)...........Paul....Mo.....Hiller....................................................................................................................................................._...... 2. P.O. Address of Applicant Bonded .Construction Co. , 2328 Me 7th Ste, Miami ................................................................ 3. Address of property covered by applicant.......817.ta,t be..as t.....C.Qrner.....o�'.....8*1*.....4.1.9 ti......Sti.....at.................._..... S*Wo 58th Ave, .............................................................................................._.............................................................................................................................................................................................................. ... 4. Legal description ....................LA.�i.8....1.....sps.....2......., loo k....3..,..._.�.8..8.�'i.er�.�,8�,t�....Man.Ali.r.....Sec.w:.....1_..�C.....2............... ................................................................................................................................................................................................._.......................................,........................................................... .. 5. Present zoning requirements ..............................P.U.... ....1.................._............................................................................................................................................... ..............................................................................................._................................................................_............................................................................................................................................... 6. Proposed changes ..........R U...2....and...laae....groPoeed._.dupla.x....t.o.....Bel......5:8th....A...Ve................................... .............................................................................................._....................................................::............_.........................................................................................................._................................... 7. Are 3 copies of detailed plans and proposed uses attached? .....................Yes.............._.................................._............................................... 8. Name and official widths of abutting R/Ws.............All......_-plat-te$....an(L-dedicate.d..........._................................... 5W widths. ................._.............................................................................................................................................._.........................................................................................................._................................... 9. Additional dedication proposed ......................._.........................................._.......................................................................................................... ................................................................................................................................................................_............................................................................................................................................... 10. Will dedication result in public ownership from center of k,Ws to official width of abutting lot?...................... Mailed 2-24-55 11. If applicant is not owner, is letter of authority from owner attached: .................. ................_.......,................................................. 12. Type of Hearing? ......................................................................................................_........................................................................................................................................_..... 13. Date of hearing ......................._............................�............................................. .................. . _.... /A �`LG 14. Fee paid with application $.... .....s.Q.................. ...._.. .:.......7s ..[...._.... ...................................................................................................................................... 15. Date Paid ......................_........................................................... ...._.1l.... ..............................._............................................................................................._..... Signature of Applicant.... .... rG% �.....� ' ' ,... ................................................................ Paul Me Hiller, General Contractor r APP, ATION FOR PUBLIC = i CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for Cite Clerk's Files.) 1. Name of Applicant (print)............himl...V.....Rul .............................................................................................:............................................................. 2. P.O. Address of Applicant B ......................................................................._.............. ................................................................................ ......_................................... 3. Address of property covered by applicant........ .`g...sit....gt?. gm.._9.4 *10.....9I.-All................._..... $alL 565 4h Ave. ........................._..................................................................................:......................................._............................................................................................................................................... 4. Legal description ...................LOU....1 2......�1�3�....e��._. � .�+ .��G�i....� ��'....ft.q.v.... ................... ........................................._...................................................._.........................................................................................................._...........................................................................I........................ 5. Present zoning requirements .............................. ....er! 3L................._............................................................................................................................................... ................._..................................................._......................................................................................._............................................................................................................................................... 6. Proposed changes ..........�•; ...; ..._ �k...P t1W -.du I,.a.z...te1a...1'4-'--I#.....bEli h.....A....Y.its.................................. ..................................._................................._......................_.............................................._.................-.........................................................................................................._................................... 7. Are 3 copies of detailed plans and proposed uses attached? .....................Yin............._.................................._................................._........... S. Name and official widths of abutting R/Ws...............A11 1.t#'�. 11d .........._................................... .............................................................................................._................................................................................................................................................................................................................. 9. Additional dedication proposed ......................._...................................................................................................................................................... ......................................................................_......................_................................................................._.........................................................................................................._................................... 10. Will dedication result in public ownership from center of R/Ws to off.ici,al width of abutting lot?.................. ... Mailed 244w BS 11. If applicant is not owner, is letter of authority from owner attached: .........................................._.................................._.................... 12. Type of Hearing? .............................................._.........._.........................................._...................................................._................................................................................._..... 13. Date of hearing ........................_......................_................_.................. .... .. ..................... ... ..............................................................................._........................_.._.... 14. Fee paid with application ................ .......... ......_............................................................................................._..... 15. Date Paid ' Signature of Applicant....... ....._. ...... .... .... ...... ..... .. .... . ............. .................................._............................. :► tIt , , Qe>Eaorsl Contrwtor `F1 rll� '�` U U APP ATION FOR PUBLIC 10RINO� ~ CITY OF SOUTH MIAMI, FLORIDA (Original copy to Planning and Zoning Board, second copy to Zoning Inspector, and third copy for Cite Clerk's Files.) 1. Name of Applicant (print)............. s .... ..... ................................................... ........... •...................... :............................ .... ...........................,. 494 0awftx 3.c. Oo*,o 2328 1*17* 7th „ 2. Y.O. Address of Applicant Y3.>x�i ...................................................._............................... .... 3. Address of property covered by applicant ........ !' .. ? `... .... .... Z. ..... `a....._ ........................ 77! 4-th Ave* .................................I.......w...........................I........................w...........................................................................:.................................................................................................................................... 4. Legal description ....................Lou..... ..:1 .... .... ...` . ._.. 1 + le. ... ! '..... :.....1.... ....2............. ...... - ............................................................................................................................................................................................................................................................................_............................. ...... S. Present zoning requirements ............................... .............................................................................................................................................. ................................................................................................................................................................_............................................................................................................................................... 6. Proposed changes .......... :.... ._ Cit .... _.. ..pl. ... i ..... .n. ..... ii:....A...va s................................. ..............................................................................................................................................................._.............................................................................................................................................. 7. Are 3 copies of detailed plans and proposed uses attached? ......................`.X41.................................................. ............................................... 8. Name and official widths of abutting R/Ws................All........P41U.d....!Uld._.d1d i-Qate—L........._................................... ..................................._............................................................................................................................................................................................................................................................................. 9. Additional dedication proposed ......................._............................................_.........................................................................................................._.................................. ..................................._...._......................................................................................................................._........................:...................................................................................................................... 10. Will dedication result in public ownership from center of R/Ws to official width of abutting- lot?................._... 11. If applicant is not owner, is letter of authority from owner attached: ................................. .................................................................. 12. Type of Hearing? ........................................... 13. Date of hearing ..............................................._...................... .... .... . . _............................_.... ............. 14. Fee paid with application $.......'C..1.001 -�.4, . .............. ............................_..... 15. Date Paid .......,. .!,.,tt.w.': ................................... ..........................................:.... ..............................._............................................................................................._..... Signatureof Applicant................... ................................... .....L... 4--,,......t............................................ V V P yp� � �yry 4 RORDED CONSTRUCTION COMPA.d..A. 2328 1VW 7 Street Miami 35g, Florida February 24, 1955 Miss Sylvia Partin City of South Miami City Hill South Miami Florlda Dear Miss Martins I would approolate very much your placing my property at Iota l and 2, Block 39 Westerfield Mmor See 0 1 and 2 on the agenda of the next Zoning Board meeting on February 4 at .8 p.m. ThiV7, 5 rte► oonsiate of the southeast corner of S, Wm Plat Street at 8th Avenues behind :Carins Harm, The purpose of this Is to request a vwlanoe to RU-2 or RU-3 for these lopts® Fir, Paul Hiller is m' representative in this matter and we wish to thank the Board for oonsiderIng thle reoom andationm Tary truly yours, ` (sited) Betty Landman V fU� �� ONDED CONSTRUCTION CO. • 2328 N. W. 7th STREET MIAMI 35, FLORIDA PHONE 64-6361 February Z4, 1955 50 25 1955 Miss Sylvia Martin City of South Miami t -SM 1111 - City Hall South Miami, Fla. .Dear Miss Martins I would appreciate eery much your placing my property at Lots land 3, Block 3, Westerfield Manor Sec. 1 and 2 on the agenda of the next Zoning Board meeting on February 4 at 8 pm, This property consists of the southeast corner of S.W• 41st. St. at S.W. 58th Ave., behind Carl!.s Market. The purpose of this is to request a variance to RU-1210r M3 for th6se lots. Mrs Pawl Hiller is my representative in this matter, and we wish to thank the Board for oonsidering this re000mendation, very truly yours, Betty Landman Bl/ph i December 149 1955 tor. Andreir T. Healy, Attorney 55 Qiralda Avenue Coral (able s, Florida Dear Mr. Healy: Res Lots 9, 19 Blk 1 WESTERFIELD I-IAPOR PB 27 -9 5826 Bird Road Your letter- of Itovomber 17, 1955, addressed to Mr. Bishop, City Manager, requesting a reconsiders- Lion of the application to permit the operation of a funoral home on the above captioned pr emisee, was re- ferred to the City Council for action at the regular meeting on December 6, 1955• This is to confirm our telephone conversation .of Dec- ember 9, %.dth reference to the action taken by the Council, as reflected in the minutes of that meeting, to-wit : That the Council action upon the application remain in status quo and that Mr. Healy be so advised. This action was approved by the entire Council. Very truly yours, SGM Sylva 4, Martin, City Cleek ,t \� ANDREW T. HEALY L � � �\ ATTORNEY AT LAW + 55 GIRALDA AVENUE CORAL GABLES 34,FLORIDA TELEPHONE 63-5254 November 17, 1955 Mr. Leonard L. Bishop City Manager City of South Miami South Miami City Hall South Miami, Florida Re:' 5826 Bird Road South Miami, Florida Dear Mr. Bishop: After talking with you yesterday concerning the matter of the above described property, I am following your suggestion by reducing my request in this matter to writing. As I advised you, I have been retained to bring about a reigning or variance permit so that the property may be used as a funeral home which application, as you know, has already been denied by the City Commission, As I explained to you, having myself been a commissioner, I sort of sympathize with the view of the City, but I am asking for a reconsideration of this application by the City Commissioners before asking a Court to decide the �. matter. �. I understand that you will present this request to the city fathers at their first meeting in December, which meeting I will not attend as I believe they are all fully aware of the facts and would not be persuaded by anything which I might say. Until such meeting has passed and the matter has been reconsidered, or refused to be reconsidered, I will take no further action. Of course, after that time I will follow my. clientst instructions. Thank you for the time you gave me in this connection and the courtesy with which I was received. Ve tr y yours, ATHte d Andrew T, Healy r n LAw OFFICES BENJAMIN E.CAREY IWGRAHAM HIIILDING MIAMI,FLORIDA November 18, 1955 City of South Miami P.O. Box 867 South Miami, Florida Att. Mr. Bishop, City Manager Re: Wixsom-Dean Funeral Home Application Dear Mr. Bishop:- At your convenience, will you please send me copy of the Minutes of the City Council of Novem- ber 1, 1955 denying the above application. If there are any costs for this copy, I shall be glad to remit promptly. Please also consider this letter as a request to be notified as attorney for interested parties in the event a new application is presented in the future. Thanking you for past courtesies, I am Respectfully yours, BEC:L. Ben min E. Carey IN'WES OF THE REGUFAR INN OF THE CITY C0tMTC�1pL ®'F SOS MIME I� HELD d>l4JESDAYD 8 OVEMER b, A.D. 1955 AT THE C0 OMIXTY ILDING AT 8: 00 F, In the absence of Na or Cluck, Izeistant Mayor Annie called the 'meeting to order wit all Councilmen, City Manager Bishop, Attor- ney Froby and Clerk Martin present. Councilman Corley, seconded by Councilman Bryant, moved that the minutes of the regular eting of October 18 be adopted as individually read. Motion carried Assistant Mayor Annie stated that the City Attorney wished to make a £ew remarks relative to. the City Hall bonds before the Council proceeded further with its regular business. Attorney ®by then stated that the Notre of Public. Sale necessarily was changed from October 4 to October 11, asked the Council for a rasp utiou t® amend Resolution No. 807 designating the new date o£ sale. Ater a short discusaian Attorney Proby read Resolu- tion Nos 815, as follows: RESOLUTION NO o 815 A SOL ION ND1NO SOLUTION NO. 8070 BE IT RESOLVED BY THE CYO' COUNCIL OF THE CITY. OF SOUTH MIMI: to That inas£ar as it was impossible to publish the Notice of Sale of the City Bond Issue prior to October 11, A.D. 1955s ResolutLon Nom 807 is awnded by the substitution whenever the date of October 4, 1955 appears, to read October 118 A.D.- 19550 Councilman Corley, seconded .by Councilman Tevis, moved, that Resolution Noe 815 be adopted as read. Motion carried by polls as follows: Tevism yes McKinney-yes; Bryant-yes; Corley-yes.; Annie-yes The neat; its taken under consideration was the bids on the City. Hall bonds. Manager Bishop addressed the members of the City Council and informed the that he had received seventeen inquiries, but only two bids were received. The Attwill Company of Miami, Florida, was low bidder. The second bid was received from the B. J. Vann Ingen and C any o Representatives of both companies were in the audience. Ater reading the tabulated information alter Bishop stated that he would recommend the Atwill Company,, which was some $38000 less on interest charges. Further discussion was meld and then the City Council took the following action: The proposed resolution on the Wixsom-Dean matter was then read, as follows: RESOLUTION 30. A RESOLUTION GRANTING A SPECIAL PERMIT TO ROBERT WIRSOM AND JAMES DEAN ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 9 AND 10, BLOCK 1, WESTERFIM MANOR TO USE THE SAME AS A "FUNERAL PARLOR"; THAT SAID PERMIt BE GRANTED UNDER SPECIAL CONDITIONS AS SET FORTH HEREIN. BE IT RESOLVED BY THE CITY COUNCIL OF SOUTH MIAMI, FLORIDA: 1. That ROBERT WIXSOK and JAMES DEAN be granted a Special Permit on the following described, property; Lots 9 and 10, Block 1, WESTERFIELD MANOR, to use the same as a "funeral parlor". 2. That as a condition of the issuance of this permit, the permit holders be required to provide sufficient off-street park- ing; p-ave- all the land area adjacent to the buildin=g itself; open the rear twenty feet (201) for the specific purpose of meaner of ingress and egress for service facilities; provide for proper drainage on the property paved and provide that water be retained and not allowed to drain on adjacent lands. 3. That the existing building be altered on the front eleva- tion and both east and west sides so as to conform to the overall "schematic sketch" as is shown in Resolution No. 743. Permit holders further are required to abide by the "schematic sketch" referred to herein should the existing building be razed and a new one constructed. 4. That the plans and conditions as required herein are to be approved by the City Manager after conferring with the Chair- man of the Planning Board. Councilman Bryant moved this be designated as Resolution No. 816 and adopted as read. This motion died for the lack of seconding. Assistant Mayor Annis then asked the City Attorney if the motion dying also would kill the resolution. Further discussion was held. Councilman McKinney, seconded by .Councilman Corley, stated he would like to make a motion that he made a couple of times before that this application for this funeral home, Wixsom and Dean, be denied. Motion carried by poll, as follows: Tevis-yes; McKinney-yes; Bryant-no; Corley-yea; Annis-yes. 8 Councilman Cor.uey, seconded by Councilmax& Tevis, moved that Resolution No. 819 be adopted as read. Motion carried by poll, as follows: Tevise yes; McKinney-yes; Bryant-yes; Corley-yes; Annis®yea City t ey Proby then stated that the Council had directed e� M r_—him to prepare d on the Wixswm®0ean funeral home matter, which he did. Mr. Proby called for some action on this matter. After much discussion Assistant Mayor Annis stated that the minutes of this particular meeting would reflect that the City Attorney brought in the prepared resolution. Attorney Proby stated that the minutes should show "that this resolution was duly read in its entirety and should besproad on the record." Attorney Proby stated that he was trying to avoid lawsuits and desired not to have the action of the City Council misconstrued. Attorney Proby reported that the Miller and Ludlum Road hearing was held last creek and that the questionable services were quashed The Pullman auit was reported on and the question of the time element of certification by the city manager was discussed. He stated that the certification was prepared and filed on August 24 and that the suit was brought on October 25. He discussed the legal terminology of the statute of limitations. Attorney Proby stated that he would like to attend a legal con- vention on November 20 and 21. This was agreeable with the city manager and Council. Thereupon Councilman Corley moved adjourrment with Councilman Bryant seconding. Motion carried and meeting adjourned at 10:52 P.M. ea0lng Uffrcer, ty Munell A T: My Cleirk 13 RESOLUTION NO.' A RESOLUTION GRANTING A SPECIAL PERMIT TO ROBERT WIXSOM AND JAMES DEAN ON TIM. FOLLOWING DESCRIBED PROPERTY: TATS 9 AND 10, BLOCK 1, WESTERFIELD MANORS, TO USE THE SAME AS A "FUNERAL PARLOR"; THAT SAID PERMIT BE GRANTED UNDER SPECIAL CONDITIONS AS SET FORTH HEREIN.' . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ BE IT RESOLVED BY THE CITY COUNCIL OF SOUTH MIAMI, FLORIDA; 1. That ROBERT WIXSOM and JAMES DEAN be granted a Special Permit on the following described property; Lots 9 and 10, Block 1, WESTERFIELD MANORS, to use the same as a "funeral parlor« . 2. That as a condition of the issuance of this permit, the permit holders be required to provide sufficient off- street parking; pave all the land area adjacent to the building itself; open the rear twenty feet (20f ) for the specific purpose of means of ingress and egress for service facilities; provide fox proper drainage on the property paved and provide that water be retained and not allowed to drain on adjacent lands. 3. That the existing building be altered on the front elevation and both east and west sides so as to conform to the overall +tschematic sketch" as is- shown in Resolution No. 743. per- mit holders further are required to abide by the "schematic sketch' referred to herein should the existing building be razed and a new one construced. 4. That the plans and conditions as required hereilL are to be approved by the City Manager after conferring with the Chairman of the planning Board. PASSED AND ADOPTED this __day of , A.-D., 1955• ATTEST: Presiding Officer, City Council i BY City Clerk 1 October 24s- 1955 Mr. Benjamin :*'. Carey :910 1agraham Building Miami, Florjida Dear, Mr. Carey: T am enclosing a copy of Mr. F in` -1 s report itu connec- tioh with the Wixsom-Dean funeral hone application. . 1 and, a copy- of the minutes of the. last Council meeting on October 18, 1955. This As the .Wterial which you reg4ested in .your letter of Octooer 20,' 1955. : S incerely yours,' ' Leonard, L. Bishop, Jr, y city Manager LLB-.s , LAW OFFIGEs BENJAMIN E.CAREY INORAHAM BIIILDINO MIAMI,FLORIDA ,Ontober 20, 1955 City of South Miami P.O, Box 867 South. Miami, Florida Att. Mr. Bishop, City Manager Re: Wix.som-Dean Funeral Home Application Dear Mr. Bishop:- This will confirm telephone conversation today requesting copies of the following:- 1. Motion which was made at the last meet- ing granting, upon the performance of certain requirements, the abbte application. 2. -Copy of Mr. Fink's report filed at the last meeting in connection with this application. V truly yours, BEC:L. TBen am n E. Carey 1 : LAW OFFIGEs BENJAMIN E.CAREY ti INGRAHAM BUILmxG OCT X955 MIAMI,FLORIDA October 20, 1955 CITY OF SOUTH 141AL Honorable Carl Gluck Mayor of South Miami City Hall . South Miami, Florida Re: Application for rezoning to permit operation of an under- taking establishment -at 5826 Bird Drive (Lots 9, 10, Blk 1 Westerfield Manor Sec. 3., PB 27/9) now zoned C-11 sub- jec t to- an overall plan. Dear Mayor Gluck:- The undersigned, attorney for Regina Fleischer, and on behalf of other, ob jectors, does hereby respectfully make the following requests:- 1. The right and privilege to be heard upon the proposed form of Resolution (relating to the above application) to be submitted at the next meeting of the Council to be held Tuesday, November 11 1955, at 8:00 P.M. 2. That the City Council of South Miami re- consider ,the Motion made and carried by 3-2 vote at the last meeting held October 18, 1955 granting (upon per- formance of certain stated requirements) the . above application for a funeral home at 5826 Bird Drive. 3. That upon re-consideration, the City Coun- cil is 'requested to deny and disallow the above appli- cation. ,. Re aectfully yours, BEC:L. Benjamin E. Carey o MIMES OF THE UGULAR,NEETING OF THE CITY COUNCIL OF SOUTH C MIMI HELD ON T SDAY, OCTOBER 18, A. D. 1955 AT THE COMUNITY BUILDING AT 5:00 P.M. Mayor Gluck called the meeting to order with all Councilmen, City Manager Bishop, Attorney Froby and Clerk Martin present. CounciLman Corley, seconded by Councilmen Bryant, moved that the minutes of the regular meeting of October 4 be adopted as individually read.. Motion carried PETITIONS AND COMRMICATIONS 1. Attorney Benjamin Carey re Wixom and Dean Funeral Home, request that .this be referred back to the Zoning Board. Communica- tions relative to this matter were then read by Mayor Gluck. Councilman- Corley called for the recommendation of the Zoning Board on tthia particular matter. The recommendation of the Zoning Board of the September 23 hearing was then read. (See p. S, Minutes of October 4.) Council Corley then suggested that in view of the fact so few people were present .perhaps it. might be well to send the matter back to the Zoning Board again for consideration.:. Further discussion followed with reference to Zoning Board procedure and public hearings. Councilman Annis suggested that the matter should .be settled this particular even- ing for once and for all. 'Counc i ,TeV is stated., as a point of order, that there was no motion an the floor to- discuss this par-. ticular question. : s Council .Bryant, seconded ,by Councilman Corley, moved- this request be denied. Mayor Gluck then stated that the tatter was open for discussion and for clarifications asked Councilman Bryant whether he meant the recommendation of the Zoning Board or the request of Mr. Carey. CounalLmn .Bryant replLed that he Meant the request of Mr. 'Carey. Mr. EenjaiLft Carey then addressed the members of the City Council in behalf of the objectors. He stated that- he had an additional list of objectors to this particular proposal and requested that the City Council send the matter back to the Zoning Board for their consideration. Mr. Carey cited various new objectors by nae giving their addresses. Mr. Casey further stated that many were in the audience this particular evening. He stated that all residents in the block objected., with the exception of two who did not voice their opinions one way or the other. Much discussion- followed. After addressing the Council Mr. Carey returned to his seat in the audience. Mayor Gluck then read to the Council the reasons why this particular matter was nabbed. #: fir, H. George Fink thus handed ;him the recommendation -ofa the Planning Board, whichzecommended denial of the Wixsam-Dean v .f request, but also included an alternative plan. Mayor Gluck then requested that the court reporter read the motion before the floor. .This was done. Further discussion followed. It was brought out that another funeral home was in the area. Motion to deny Mr. Carey's request carried by poll, as follows: Tev es; McKinney-yes; Annis-yes.;. Bryant: I made the motion that. e application be denied. Yea, I am voting it be denied. Corley-yes Councilman Corley, seconded by Councilman McKinney, moved that the application of Robert Wixsom and James Dean for rezoning Lots 9 and ln, '>Block 1, WESTEVIELD MANOR, to permit a funeral home be denied: In the ensuing discussion Mr. H. George Pine addressed the Council and stated that the night of the public hearing he asked'Messrs. WLnsoma and Dean if they would alter the appearance of the building if their request was granted, in accordance with the request of the Planning Board. Mr. Fink stated that events had taken place to change the unaifted plan as submitted by the Plaming Board, but that it was sUll possLble to have a beautiful building of the pg:=Lses under discussion. Mr. Eakle, attorney for Nassrs WLxsom and Dean, then addressed the members of .the City CouancLl and stated that his clients were willing to go along with anything reasonable.. Councilman Tevis then asked Mr. Eakle if Messrs. Wirsom and Dean would go along with the ideas of the PlannLng Board and Mr. Pink aiftd_ Mr. Eakle stated that he was sure they would go along 100%. ger BVk . stated that he felt that the City Attorney should have time to draw up the proper resolution relative to this matter, and that ... during that tLme the- Couuncil could further zbAy the matter. In further discussion which Involved the Wills property, Attormy Proby agitated that the laws and ordinances of the Cfty of. Souatth Miami would not be set wide by the Court® that they were recog- aLzed. CouncUmm Corley was agaimm requested to repeat his motLon and he did the. The motion was then polled with CouacUmn Corley voting OAno." HLe vote was called to his attention and the Council was rep®bled. Motion to deny the application to pexsit a funeral parlor failed by polled vote, as follows: Corley-yes, Bryant-no; Annie-no; McKinney-yes; TevLe-no Attorney Proby then called for-instruction as to how to draw the resolution e After some discussion Councilman n McKinney stated that the Council was 'Brett back where we started" and that so= action must be taken. Conaiderable discussion was held on the subject of "special usage." 2 a PP Reference was made to the zoning ordinance with Mr. Benjamin . . Carey reading a portion of Section VIII. Councilman Tevis, seconded by Councilman Bryant, moved that a resolution be drawn granting usage of Lots 9 and 10, Block 1, WESTERFIM MANOR to Messrs. Wixsom and Dean for a funeral home on the condition that the recommendation of the Chairman of the Planning. Board as to the building and parking be complied with. Mr. B. F. Thompson arose from the audience and spoke against the proposition. Mayor Gluck requested that the court reporter read the motion. This was :'done. Motion carried 3 to 2 by poll, as follows: Tevis-yes; &Kinney-no; Annis-yes; Bryant-yes; Corley-"I will get this one right. No.01 2. Thomas J. Reardon: Tentative plat for subdivision-in NWk of 36-54-40. The plat was passed around the Council table. Councilman Corley, seconded by Councilman Bryant, moved that the tentative plan of the subdivision of Thomas Reardon be submitted to the Zoning Board, the Planning Board, and the Drainage Board. Motion carried 3. Sara B. Peters: (field over from October 4) Complaint re loss of property and damage to property while in hands of South Miami Police. A communication relative to this matter was read to the members of the City Council. Manager Bishop stated that he believed that the City was liable for the loss and damage and that he had also checked -the matter with the City Attorney. He further stated that he would check with the insurance company to see if the City was covered in the matter. In the ensuing. discussion Attorney Proby recommended that henceforth if any vend- in machines, or anything on the streets in front of the post office or drug store, and so forth are without license, -to pro- tect the City, . have a registered letter sent to the owner notify- i%%..that ere'?o or corporation, or firm, that within five days they sholde pick that thing up or the City will take it into custody and not at the City's risk, to tell those folks to come and get it if they don°t have a license and pick it up themselves or take the risk that we can pick it up. Manager Bishop requested that the record reflect these verbatim statements of Attorney Proby. No further Council action was necessary on this matter. 4. Mayor Gluck then announced that a letter was received from Mr. Charles Gottlieb with reference to a change in the planting from that shown on the plot plan of Stevens Market. This letter was then read to the members of the City Council, the change being the substitution :of a closely planted hedge in place of a masonry wall. After some discussion the following action was taken: Councilman Bryant, seconded by Councilman Corley, moved that the - 3 - .» f yOUr H.GEORGE FINK,A.I.A. City of South Miami Chairman P.O.BOX 867 r `��pppOpATEO X92) � . J ` SOUTH MIAMI 43,FLORIDA �lOR1�� Ca�c�ciu y �'aa�d Re: Application of ROBERT WIXSOM & JAMES DEAN for Rezoning of Lots 9 & 10, Block 1, WESTERFIELD MANORS, (5826 Bird Road) to permit a "Funeral Parlor". October 14, 1955 Honorable Mayor and City Council, City of South Miami, Fla. Gentlemen: Relative to the above application of Messrs. Wixsom & Dean for Rezoning of the property for SPECIAL USEAGE for a "Funeral Parlor" or "Undertaking Establishment", t e CITY OF SOUTH MIAMI PLANNING BOARD respectfully recommends the REJECTION of this application for the following reasons: 1. USEAGE: a. To grant the requested rezoning would violate the precepts of SOUND ZONING PRINCIPLES in permitting this SPECIAL USEAGE and, in support of same also with to state that when this property was rezoned C-1, the adjacent Residential Property Owners were assured of HIGH CLASS C-1 USEAGE in(( this area. b. When this block was rezoned from RU-1 to C-1 useage, it was understood and implies that occupancies must be HIGHEST GRADE C-1 USEAGE and variance and/or rezoning for SPECIAL USEAGE to permit operation of a "Funeral Parlor" wou-1 snot only lower the USEAGE requirements for this Plot of Property but would, at the same time, provide a, precedent for lowering of "Standards of Zoning" for the entire block. 2. BUILDING: a.. When this property was rezoned from RU-1 to C-1, said re- zoning was contingent upon the design of future buildings conforming with appearance of a "Unified Building", thus prohibiting condtruction of individual buildings unrelated in design and preclude the possibility of a '?bodge podge" appearance prevalent in other areas. This requested "Special Useage could not, if granted, conform with the requirements of the Ordinance. b. In the event that the EXISTING RESIDENCE was converted to the requested useage as a "Funeral Parlor", the operation would be of a permanent—n-ature, thus preventing incorporation of the EXISTING RESIDENCE into the scheme of the "Unified Build- ing as required by existing Ordinance. BOUT �' P.O.SOX 867 H.GEORGE FINK,A.I.A. City of South Mla �nl Chairman `NppRD01U'TED X927 1 ` SOUTH MIAMI 43,FLORIDA V ORI�� c. The perpetuation of an "EXISTING RESIDENCE" as a "BUSINESS BUILDINGIT in an area zoned for High Class C-1 Useage would be a Blight on the entire neighborhood and. would never blend into the completed "Group of Buildings", and would present an unpleasing appearance, since this building would be used as a "Funeral Parlor" for many years. We can point to many areas in Miami where this has occured, particularly on 36th Street and also on Miami Avenue. 3. PARKING: a. On the Plot as submitted, there are indications of areas for Thirty Sid (36) cars but if this Plot is studied, it is evident that the parking is a subterfuge as the cars are indicated "Bumper to Bumper" and "Side by Side" with no method of ingress or egress. Also, cars are indicated in the rear setback line of twenty (20) feet. b. The Zoning Ordinance requires for car parking "An area reserved'. only for parking of private motor vehicles, providing or furnis$ing a space for each private automobile of not less than nine (19) feet wide and twenty (20) feet long, exclusive of' spaces -needed for passage ways and driveways. In zones and' areas where commercial vehicles may be parked, each space on a .lot so used shall be not .less than eleven (11) feet wide by„ twenty two (22) feet long". Judged by the above standards and also by the precepts of sound planning, it is evident_ that there is not sufficient space on this property for proper parking and further, this would create a parking problem for the entire area. Therefore, I for the foregoing reasons, the CITY OF SOUTH MIAKI PLANNING f BOARD respectfully recommends that this app cation be DENIED. Respectfully Submitted, CITY OF SOUTH MIAMI .-PLANNING BOARD, Patrick J. Lyons, William Segal and • , Chairman HGF/dsf ' Geort9FinkA Fin BUT FURTHER: Acting on his owd initiative, and in an endeavor to assist in the solution of this problem the Chairman of the CITY OF SOUTH MIAMI PLANNING BOARD respectfully presents the following suggestions in a- �oUr�r H.GEORGE FINK,111,l ty of SoUth M , aM , Chairman C P.O. BOX 867 CDapIED ,. oU 1927 J SOUTH MIAMI 43,FLORIDA l0R1� the event that the City Council does not concur with the reccom- endations for REJECTION Presented hereinbefore in our report under "ARTICLE i - USEAGEit. The writer again stresses the vital im- portance of abiding by the HIGH CLASS C-1 USEAGE but, if the rezoning for 91SPECIAL USEAGE11 is granted, respectfully suggest that the following suggestions be complied with in order to preserve the High Class appearance of this Block, so far as possible and also to prevent the congestion which would be caused by the parking layout indicated on the Plot Plan. 1. Since we are endeavoring to preserve, as far as possible, the Architectural Appearance of this block, and since the first building erected and/or altered in this block can possibly be incorporated into the "Unified Elevation", we respectfully present the following suggestion relative to the EXISTING i RESIDENCE,. prior to occupancy of same. 2. That - the EXISTING RESIDENCE be redesigned and/or altered in a manner that will present a building along accepted "Residential- Business Type of Architecture". This would apply to the front (North) elevation on Bird Road and also on both the East and West Elevations. This is the type along which a Iti7edical Clinic near Red Road was designed and as recommended by the Zoning Board. Said plans for alterations to EXTERIOR to be approved by the City Manager after conferring with the, Chairman of the Planning Board. 3 . PARKING; In order to eliminate a parking problem that would occur by the ' indications on Plot .Plan as submitted, we suggest that Messrs. Wixsom &- Dean acquire by either purchase, lease or other methods, some property adjacent to their property and thus arrange for proper parking, ingress and egress. Again stressing that the above suggestions are made by the Chairman of the Planning Board and trusting these will. meet with your approval if your Honorable Body approve of the change of zoning for ?4SPECIAL USEAGE?t 1 Respectfully Submitted, Chairman HGF/dsf CITY OF S TH MI —M P NNING BOARD CC; Mr. Segal Mr. Lyons Mrs. Martin (2) L: Rot Appli"tion of ROMMT WUSO 9t JADES DRAW for Re of Lots 9 & 10, Block 19 9TRR�'I.ZLD 1 4�i$, (5 �rd Road) to Po3ri it a "Funeral Parlor". October 14, 1955 Honorable Mayor and•City Council, City of south nani, nac. tlentles�a�a . Relative to the 4buve application of Xessrs* Mom Doan for Reusning of the property for P IC AID �� for a '"f e�r'al. Parlor" or "Und+ert>e�g Rstab ld nt" th - ' OF som this 91AMI cam©n A r hs�a��g�ireaasoaa a ` of 1. as To ;grant the aco ed rssen'4146 wed violate the copta of BOUND Z©R PR in parmittang this BPRC ADZ 9"142,10,, sutppo o eano also with to state that when Y . this property was rezoned 0-1, the adjacent Residential Property Owners were assured of B 0:1 R§LA.O9 in this am O b. When thla Moak was resorted from -1 to C-1 uses 4t was understood and ie too that odeu eies gust be C3 OR= C1*l U and vartaaxwe an ter resonfng for i U39ME to pe operation of a oral 'arlor" z�ot only lower the 'MOM requir nts for-this Plot of Property but would, at the woo tbw. provide a, precedent for lowering 6f "Standards of Z+ nW* for the entire block. 2, Bt ' _ a. When this property was r*soned from RU-1. to C-1, said re• sort" was ooutingent upon the design of future buildings conforming with appearance of a "'Unified Building", thus prohibiting cond1ruotion of individual buildings unrelated is dosip sued prealu4e the possibility of a "hodge podge" appeaaranoe prevalent: in other areas. This requested " csial Userage1 covad riot, if granted, +eonform with the requirements the 4rdlhanoe. b. In the event that the �g2 S UL OR was converted to the requested useage as a neral ar orn the operation would be of a rmant nature, thus prevent incorporation of the 1 Ii4 RBS intc3 the achem+� o the "Unified Build- ing as required existing ardlafte+e. y _ Qa -nation of an -MIS'�` su " .stn a L*64d � aii--U ftl USOaP WoUld be a t on.the 'enti Uhbwh c� and wttld never blend into the. e6mgeted Warcip of , uild �enr and would "cant ah UA ien�►# Appearance� *rote - s building mooed - u as p Parjorit fdr MAY, Years. WO Can• point to, a as in W where this has oaanredj partimlae rly . � Street and also on Xiami A"nuo* a. On t Plot as submitted, there aro IndLeations of areas A for rAirty aw' .( ) :tars but ,ir this not Is studied, it is evident that the pa ing -is a subterfuge as the care are indIc4ted Vepar to BuapW and,. 'Side by 'Sido* with no mot-hod of mss or a ss..-. do; *are are Lnd3aatod in - the rear Oetbadh ` ,ins of twenty . tent. C _ b o ' e Zoning; Ord z#ce r �, ` fir Parking An aea roses od. only for parking of private j4tt#1" vehio"n� ov~idieg tar R t ` ` 9 a spaco .for ,sash Private nntom+ h 0 Of -not �.eee thAn 'feed " and testy 00) -toot :bong oxe�.uSI—V ' ; es neoded for Paes&.ge a'ps asc d qs - n eonas why eommeial vehiol�is ' be; . od„ ea opa o . ► n of so n"d :ohsu no 'ieete than`eleven ll font ado. y tws± 29.E -foot longs. Jud-eat' 'the ab � " daf4e . d also the ►eept,6 :of' bound ..Amingy It is evident that th" to. adt 1f�ai+ent s�p�ee this nt y for r paryki�,�ng - further,, th � d onto y $ Pa i'Ag �"`4h 0 r0i, tip oottiro a a� oreforel Jfor th* foregoiftg re8664 h# r,or ;' " N VA �ctlil kd� s that ti app . 4a o be MIER* 'Respedtfully,SubiRitted� 41- . OF SOU" IUMI �I*AXNM SO 3►' ns# .William Segal and Chairz Aetin an his . ` off' l. :tiative, •mod, iu ao �nelea�ror to assist in the . solution of this at lox the- t�iiari Of the � !�E F A� .,r*k G;;7a1T �,sentse the following, gest oust Ift K' 1 the +event 'that that City Council does not concur with the reGcam- ndationa for sented hereinhefore in our report under ARILC 1 I �e writer again stresses. the vital im.► p®rtance of a n theta GAS_ i3-►1. 9E but the areaoni for �rSp� AL �t3RAG lon is granted. respectf: y vAggest that the foil*wing suggestions be complied with in .order to roservo the Hi Class appoaran" of this Block, so fad" as paaxible and also to provent the contention .which would be caused by the parking layout indicated can the Flat Plan, 1. Since we are endeavoring to preserve, as far as possibles the Architectural 'jkppearance of this block, and since the first building erected and/or altered In this block can possibly be Incorporated into the "Unified Elevation", we res ctfuily present the following g su stion relative to the filsmG RRSIDENCR, prior to occupancy of same, 2. That the ECISTINO RESIDE M be redesigned and/car altered in a manner that will present a build al c►n accepted '"Residential- Businoss Type of .Architecture". �s wouh apply to the front (North) elevation on Bird Road and also on bath the East and West Elevations. This is the type along which a Medical Clinic near Red Road was 4asimed and as recommended by the Zoning Soard. Said plans for alt+eratione to. EXTERIOR to be approved K by the City Manager after conferring with the Chairman of the Planning Board. 3. LA� t In order to eliminate a ;park, problem that would occur by the Indications on Plot Plan as parking we suggest that Messrs. Wixam Bean ac r=ss by elthwr purchase, leaso or other methods, 86" woparty ad t to their property' and thus arrange for Proper park�e and egress. Again stressing that the above su47,eatlons are .made by the Chairman of the Planning Board and truster these will meet with your approval ,If your,Honorable Body approve of the change of zoning for "rS EGI,AL Respectf`t lly Submitted, r F/daf UITT ' �NING BOARD IPA Nor. LyoUa Mrs. Main (2)