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6865 SW 64 ST_GREEN ADMIN WAIVER @�� /'� SUN 7 1995 D �� '�+' �nrrenren^nawneenwnrecnnr.«.._ IMF95R 1967910 1995 MAY 18 1058 Cite Of soual Miami 6130 Sunset Drive, South Miami, Florida 33143 663.6300 CITY MANAGER April 24, 1995 Marie Valenti 6865 SW 64 Street South Miami, Florida 33143 RRCORM IN0"ICIAL REMOS&OW w o�oR;rnHty,noel" �etvRO Y[ltlu►,ro Re: Administrative Waiver HARVEY RUVIN. Clerk of Circuit b county Courts Dear Ms. Valenti: The City of South Miami approves the following Administrative Waiver: An Administrative Wavier to decrease the rear setback from 25 feet, as normally required., to 21 feet, in the "RS-3" Medium Lot Single Family Residential Zoning District. Upon acceptance of this Administrative Waiver you hereby acknowledge that no additional Administrative Waiver will be granted to any present or future owners of the subject property. This Administrative Waiver will not be effective until fifteen (15) days after the City Manager's decision is published in a newspaper of general circulation. During this time you must have this.Administrative Waiver recorded in the official Public Records of Dade Co,Upty``z Zwft�S,,'!Adtninisttative Waiver is recorded, you must submit a copy which shall be ly 1'� Building, Zoning and Community Development Department. c: Dean L. Mimms, AICP ` Director of the Building, Zoning & . Community Development Department = i 1r't `AtOUEZ t (,�. 7a r ,•�ha f ,or�.rfes3oh OC43301 i .�` /,►. +" t.� �+rbc.tan.37. rAOA ' fll 800-421-1565 �/v "City of Pleasant Living" a� CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Dean Minims, AICP Date: April 26, 1995 Director of Building, Zoning & Community Development Dept From: Slaven KoboW� Re: Administrative Waiver Planner Marie Valenti, 6865 SW 64 Street Please, review the following staff report to be presented to the City Manager. 1. REQUEST Marie Valenti is requesting an Administrative Waiver to decrease the rear setback on her property at 6865 SW 64 Street in the "RS-3" Medium Lot Single Family Residential Zoning District. The applicant is requesting a reduction of rear setback from 25 feet, as normally required, to 21 feet (as requested by the Application for Variance, denied by the City Commission, 7/31/1990). The requested administrative waiver is needed in order to bring the property into compliance. 2. BACKGROUND The plan by Charles H. Markel, dated 11-12-1964, indicated that the proposed screen porch was to be installed +/- 23 feet from the rear property line, which satisfied the requirements of the Code. However, a portion of the screen porch was successively converted into an enclosed addition, which made it subject to the Code regulations pertaining to the building, as opposed to the screen enclosure. As such, this structure did not conform to the rear setback requirement, and consequently, the BZCD Department could not approve the construction. In order to obtain the approval of the structure as built, the applicant requested a variance, which was denied by the City Commission on July 31, 1990. In 1995, the applicant applied for an administrative waiver as part of an effort to bring the property into compliance with all applicable codes. 3. ANALYSIS The Administrative Waiver Ordinance allows the City Manager to grant a setback reduction not below 70 % of that normally required. The applicant's request to reduce the rear setback to about 21 feet is within the limitations set forth in the Administrative Waiver Ordinance (the requested reduction to 21 feet is approximately 88% of 25 feet which is normally required). The administrative waiver would allow the applicant to put the already constructed addition into compliance with the City of South Miami Land Development Code. There is no foreseen negative impact to the proposed site nor the surrounding properties. Staff believes that the Administrative Waiver ordinance can be applied in this case. The applicant submitted written consent of the two surrounding property owners. 4. COMPREHENSIVE PLAN The requested Administrative Waiver does not conflict with the adopted Comprehensive Plan of the City of South Miami. 5. RECOMMENDATION Staff recommends approval of the requested Administrative Waiver. The applicant must also be aware that no additional Administrative Waiver will be granted to any present or future owners of the subject property. The applicant is also required by the ordinance to record this Administrative Waiver in the official Public Records of Dade County. After the Administrative Waiver is recorded, the applicant must submit a copy which shall be retained by City's Building and Zoning and Community Development Department. Attachments \ADMINWA V\VALEN n.REP 1 CITY OF SOUTH MIAMI Building, Zoning & Community Development Department © 6130 Sunset Drive, 2°a Floor; South Miami, Florida 33143 Phone: (305) 663-6326; Fax #: (305) 666-4591 ADMINISTRATIVE WAIVER PETITION Applicant: Marie D Valenti Location: 6865 SW 64 Street South Miami, Florida 33143 Tax Folio #09-4026-024-0300 Request: An Administrative Wavier to decrease the rear setback from 25 feet, as normally required, to 21 feet, in the "RS-3" Medium Lot Single Family Residential Zoning District.. Petition: We, the undersigned property owners, are adjacent, abutting or across the street from the applicant. We understand and approve the above Request: North side neighbor: William Brimson & Joan 6860 SW 63 Street South Miami, FL 33143 Tax Folio # 09-4026-024-0220 AA East side neighbor: Arlyne Bookbinder 6845 SW 64 Street South Miami, FL 33143 Tax Folio # 09-4026-000-0331 Note: Property owners of lots across the street do not apply because the application is not in the setback facing the public right-of-way. \ADMINWA V\VALENTI.PET 31 DOUGLAS H. MacARTHUR Attorney at Law 1000 Ponce de Leon Boulevard Suite. 207 Coral Gables, Florida 33134 Phone: (305) 445-2655 Fax: (305) 444-3354 (19) March 3, 1995 Building, Zoning & Community Development 6130 Sunset Drive South Miami , Florida 33143 RE: Letter of Intent/Reasons for Request: Administrative Waiver Application Dear Sir: This is to state that the intent of the owner of the property located at 6865 S.W. 64th Street, South Miami , Florida, Lot 9, Block 3, Subdivision: Tranquility Estates, PB 78-64, Township 26 , Section 54, Range 40, in submitting this request for Administrative Waiver, is to bring the described property into compliance with any and all legal requirements by granting a waiver of the setback requirement of 25 feet at the rear of the property, and to end the dispute between the property owner and the City of South Miami . The reason for this request is to incorporate the set back already existing at the rear of the property, which meets the requirements for an administrative waiver. The structure on the property has been found to be safe, and in no other way fails to meet any other legal requirements. We believe that in this case, due to the long standing nature of this issue, some other required materials have existed for some time within the Building & Zoning file on this property: proof of ownership, current survey, copy of site plan. This waiver will be in harmony with the general appearance and character of the neighborhood and the entire community. The waiver will not be injurious to the area involved or otherwise detrimental to the public welfare. The addition to the rear of the structure has been designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent residences and afford the resident a reasonable use of the land . Please contact this office if there are any questions. nc Yours, ougl"11s A MacArthur, Esq. Marie D. Valenti , Property Owner MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Dade County,Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre,who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business CITY OF SOUTH 1111111—IA-11110111 COURTESY NOTICE Review f/k/a Miami Review,a daily(except Saturday,Sunday and Legal Holidays)newspaper,published at Miami in Dade Through careful consideration including a site inspection and adja- County, Florida; that the attached copy of advertisement, cent property owner consent; the City of South Miami approves the being a Legal Advertisement of Notice in the matter of following Administrative'Waiver, pursuant to Section 20-5.10 of the CITY OF SOUTH MIAMI COURTESY I Land Development Code: NOTICE An Administrative Waiver to decrease the rear setback on the ADMINISTRATIVE WAIVER property at 6865 SW 64 Street, South Miami, Florida 33143 6865 S.W. 64 STREET (Tax Folio #09-4026-024-0300), from 25 feet, as normally required,to 21 feet, in the"RS-3'Medium Lot Single Family Residential Zoning District. in the.......................X.X.XX..X......................................Court, INTERESTED PARTIES. REQUESTING INFORMATION ARE was published in said newspaper in the issues of ASKED TO CONTACT THE BUILDING ZONING&COMMUNITY DE- VELOPMENT DEPARTMENT BY CALLING PLANNER SLAVEN. May 2 1995 KOBOLA AT 663-6328 OR BY WRITING TO THE DEPARTMENT AT CITY HALL,6130 SUNSET DRIVE,SOUTH MIAMI,FL 33143. THIS IS A COURTESY NOTICE 5/2 95-4-050254M Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dade County,Florida,and that the said newspaper has heretofore been continuously published in sold Dade County, Florida, each day(except Saturday,Sunday and Legal Holidays)and has been entered as second class mail matter at the post office In Miami in said Dade County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that she has neither paid or promised any pens r or corporation any disrebate,commies or fund for the purpose o?coV'hIs u g advertise f lion (n the sold npe... ....................... .. ........... ... Sworn t scribed before mkt tis 2 Ma ........day ...... ............... ............. �C• AR S A titi"5 E.PENA ..... ......••• ••••• . .... Nt A uc STATE OF FIARIDA (SEAL) COMMISSION NO.CC 172I03 MY COMMfISSION EXP. 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V) U) N N rA y N V1 y N N U) to ° W O 0 O O O O O O O O O ❑ O O Z O N Z Y Y W W W J J J J J J J J J J J J J J J Z Z _J J J_ W _W W_ W_ W W W W W W W W W_ W W K X 2 = _ _ _ _ _ _ Q U) W W J J J O N U) U) U) U) h U) fA N (n fn N V! N • • • . • Z J W U) N y N U Q Q a m a. a w M M M M M M M M M M M M M M C 0 1N0 (�O N N N N N Q Q Q Q Q Y Q Q Q Q Q Q O m ❑ 3 3 3 3 3 3 3 3 3 3 3 3 U) 3 U) U) 3 U) f U) Q VI N y In y N N y U U) N N U) U) H V) N N N N V) N U) fn m m N O Q Q r m N f+f N N N N 1•f f+) m f�f f+f (� n1 \ N r m L� 10t) U07 W t0 to f0 m m N tD 1D m m 1D 1D f0 m m M {ND t1Dp UJ 1D tD N Z LU p M O N 0 O m Of O O O O O O O � N J Z < lD r r r M O Q a) 01 N N N N .- N M R U) to r m cn f P. 02 DOUGLAS H. MacARTEM Attorney at Lary 1000 Ponce de Leon Boulevard Suite. 207 Coral. Gableu, Florida 33134 Phones (305) 445-2655 Fax-. (305) 444-3354 (19) February 21 , 1:995 Dean Mimms Building, Zoning and Community Development 6130 Sunset Drive South Miami , Florida 33134 RE: Initiation of Request For Administrative waiver Dear Mr. Mimms: I am initiating a Request for Administrative Waiver, as we discussed, for Marie Valenti , 6865 S.W. 64th Street, South Miami , Florida . As the Administrative Waiver procedure requires, the first step is to initiate a meeting " . . .between the Applicant and the Building and Zoning Department to analyze the request" . I am requesting to meet with you to review the file and determine what additional documents you require. My client initiated a request for a variance in 1991 , and many documents were filed at that time. Since this issue has been pending for some time, I would like to determine what needs to be updated in order to save time. Tlank you for your attention to this matter . in e el -._X rs, vim j r7 V rr3 V d5 Douglas H MacArthur, Es uire ( D FEB 2 2195 DHM/nr ........................... cc: Marie Valenti CITY OF SOUTH MIAMI © INTER-OFFICE MEMORANDUM To: Dean Mimms, AICP Date: March 10, 1995 Director of Building, Zoning& Community Development Dept From: Slaven Kobola Re: Administrative waiver application Planner /L Valenti, 6865 SW 64 Street Yesterday, March 9, 1995, I received an incomplete application for Administrative Waiver from Douglas H. MacArthur, Attorney, in regard to the Marie D. Valenti's property at 6865 SW 64 Street. The cover letter, directed to me by Mr. MacArthur, says that they have already talked to you about this, and that consequently they are providing only the Administrative Waiver Application form and a Letter of Intent and Reasons for Request and requesting that the application fee of $250 be waived. Under such an "agreement", this case cannot be processed under usual procedures. However, I started to work on the case immediately, just to prepare the case for your review, yet I had to stop because we do not have the complete file in the City's address file - a portion of that file, containing the recent surveys, are at the City Attorney's office. Kathy Vasquez, Chief Code Enforcement requested the file from the City Attorney, and we are told that the file can be provided either through a messenger service or by the City Attorney, who will bring it to the City on Tuesday, when he is to be in the City. I cannot continue to work on this file until I receive a complete information. Please advise and provide directions how to process this file. DOUGLAS H. HacARTHDR Attorney at Lav 1000 Ponce de Leon Boulevard Suite. 207 Coral Gables, Florida 33134 Phone: (305) 445-2655 Fax: (305) 444-3354 (19) March 8, 1995 Slaven Kabola Building & zoning 6130 Sunset Drive South Miami , Florida RE : Request for Administrative Waiver Dear Mr. Kabola: Pursuant to my recent conversation with Dean Mimms, I am filing with you an Administrative Waiver Application and a Letter of Intent and Reasons for Request. We are requesting that the application fee of $250 .00 be waived as this lengthy .latter has resulted in a financial hardship for Ms. Valenti . in rf e y"°� s, x Dougla H. .MacArthur, quire. DHM/nr } 04/12/95 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 09 4026 024 0220 PROP ADDR 6860 SW 63 ST MCD 0900 NAME AND LEGAL VALUE HISTORY WILLIAM BRIMSON &W JOAN YEAR 1993 1994 01/01/95 6860 SW 63 ST LAND 50605 70597 MIAMI FL BLDG 61702 73938 TOTAL 112307 144535 331431914 HEX 25000 -25000 26 54 40 WVD TRANQUILITY ESTATES PB 78-64 TOTEX LOT 1 BLK 3 NONEX 87307 119535 LOT SIZE 12495 SQUARE FEET CO NE 87307 119535 OR 15568-0246 0692 1 STATE EXEMPT: SALE AMT 185000 SALE DATE 06/92 SALE O/R 15568-0246 SALE TYPE 1 SALE I/V I PFI-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PF5-TAX COLL PF7-PREV OWNER PF8-MENU 04/12/95 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 09 4026 000 0331 PROP ADDR 6845 SW 64 ST MCD 0900 NAME AND LEGAL VALUE HISTORY ARLYNE BOOKBINDER YEAR 1993 1994 04/03/95 6845 SW 64 ST LAND 80017 110050 MIAMI FL BLDG 95397 95397 TOTAL 175414 205447 331433103 HEX 26 54 40 .87 AC WVD W166.55FT OF S261.54FT OF E1/2 TOTEX OF SW1/4 OF SE1/4 OF NE1/4 LESS NONEX 175414 205447 S35FT SUB TO EASMT OVER W10FT CO NE 175414 205447 LOT SIZE IRREGULAR STATE EXEMPT: OR 9360 869 SALE AMT SALE DATE SALE O/R SALE TYPE SALE I/V PF1-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PF5-TAX COLL PF7-PREV OWNER PF8-MENU 04/12/95 * * * PUBLIC VALUE INQUIRY * * * PTXM0186 FOLIO 09 4026 024 0300 PROP ADDR 6865 SW 64 ST MCD 0900 NAME AND LEGAL VALUE HISTORY MARIE D VALENTI YEAR 1993 1994 01/01/95. 6865 SW 64 ST LAND. 57915 81316 MIAMI FL BLDG 62582 62582 TOTAL 120497 143898 331433103 HEX 25000 25000 26 54 40 WVD TRANQUILITY ESTATES PB 78-64 TOTEX LOT 9 BLK 3 NONEX 95497 118898 LOT SIZE 119.000 X 122 CO NE 95497 118898 OR 14376-2995 1289 1 STATE EXEMPT: SALE AMT 140000 SALE DATE 12./89 SALE O/R 14376-2995 SALE TYPE 1 SALE I/V I PF1-MORE LEGAL PF2-PARCEL INFO PF3-FOL SRCH PF5-TAX COLL PF7-PREV OWNER PF8-MENU 6*50 Cij of South Miami BUILDING, ZONING & COMMUNITY DEVELOPMENT 6130 Sunset Drive / South Miami, Florida 33143 / (305) 663-6327 Fax (305) 666-4591 ADMINISTRATIVE WAIVER APPLICATION Applicants Marie D. Valenti Phone: (305) 667-7062 Property owner: Marie D. Valenti Signature: �µ• Address: 6865 S.W. 64th Street Phone Number: (305) 667-7062 Represented By: Douglas H. MacArthur Organization: Attorney at Law Address: 100 Ponce de Leon Blvd. Ste.2107 Phone: (305) 445-2655 Architect/Engineer: Orlando Fortun Phones (305)262-6225 Owner X If applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION Lot(s) 9 Block 3 Subdivision Tranquility Estates pB 78 _64 Metes and Boundss Township 26 Section 54 Range 40 Has there been any other istrative Waiver or Variance granted upon this property: YES (NO) Circle One SUBMITTED MATERIALS _ Letter of intent Signed Petition _ Reasons for request from owner/tenant list justifications _ Proof of ownership Power of attorney _ Contract to purchase _ Current survey 1 Copy of site plan _ Required fee within 3 years 1 Reduced Copy The undersigned has read this completed application and represents that information and all submitted materials furnished are true and correct to the best of the applicant's knowled a and belief. Date Applicant's Signature and title upon receipt, applications and all submitted materials will be reviewed for , compliance with City Codes and other applicable regulations. Application found not in compliance will be rejected and returned to the applicant. C8%ra=UKJ J6ACy 10/94 "City Of Pleasant Living" BU=L D�"NG Sc Z ON�NG D EPARTMEN'�' NAME: ADDRESS' c7 REVENUE CODE CLASSIFICATION AMOUNT 321100 OCCUPATIONAL LICENSE RENEWAL 321200 OCCUPATIONAL LICENSE NEW 329100 PENALTIES ON OCCUPATIONAL LICENSE 341940 CODE ENFORCEMENT FINES 341930 CERTIFICATES OF USE/OCCUPANCY 341930 ELEVATION CERTIFICATES 322100 PERMITS 341910 REINSPECTION FEES 322200 COUNTY CODE COMPLIANCE FEE 341900 STATE RADON FEE 341200 ZONING c�- 341300 ERPB 369920 MISCELLANEOUS (MAPS, COPIES, ETC. ) 341400 MICROFILM TOTAL 2/26/92