12-07-04 Item 11To: Honorable Mayor, Vice Mayor & Date: December 7, 2004
Commission Members
ITEM No.
From: Maria Davis RE: Release Unity of Title -8200 SW 60th Ct.
City Manager 14 �
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST
PURSUANT TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT
CODE FOR RELEASE OF A UNITY OF TITLE FOR PROPERTY
LOCATED AT 8200 SW 601h COURT AND LEGALLY DESCRIBED AS
LOTS 1 AND 2, BLOCK 1, HARRIS ESTATES SUBDIVISION; THE
PURPOSE OF THE REQUEST IS TO PERMIT A RESIDENTIAL
BUILDING TO BE CONSTRUCTED ON LOT 2; AND PROVIDING
FOR AN EFFECTIVE DATE
BACKGRODUND
In 1993 the owner of property located at 8200 SW 60th Court and legally described as Lots 1
and 2, Block I, Harris Estates Subdivision, proposed an expansion of the existing home on Lot
1. The proposed home expansion on Lot 1 resulted in the impervious surface ratio being
exceeded thereby requiring the building site to include Lot 2. In order to receive a permit in
1993 the owner was required to execute and record a unity of title which effectively
encumbered both lots resulting in one building site.
The owner now wishes to remove the improvements on Lot 2 (garage /patio structure, barbarque
pit) and a wood deck which extends over the property line between the two lots. These
encumbrances resulted in the need to execute and record the unity of title. The removal of these
encumbrances and the City's approval of the release of the unity of title would allow for
construction of a residential structure on Lot 2.
The Land Development Code section which relates to the release of a unity of title (20- 5.16e)
requires the City Commission to conduct a public hearing, prior to acting upon a request for
release of the unity of title.
STAFF OBSERVATIONS
(1) The same owner in 1998 submitted a waiver of plat application requesting approval to allow
construction of a new home on Lot 2. The Planning Department found that the submitted
waiver of plat document had calculations which would have resulted in variances needed for
impervious coverage and building coverage. There appears that there was no further action
on this request.
8200 SW 60 Ct.
December 7, 2004
Page 2 of 2
(2) As specified in the Land Development Code the release of a unity of title "...is contingent
upon a cessation of the conditions and/or criteria which originally required the execution
of the subject unity of title. " (Section 20- 5.16e). Based upon the submitted site plan the
applicant is removing all existing structures from Lot 2 and is demolishing a concrete patio
and wood deck from Lot 1 in order to reduce lot coverage and impervious coverage. These
actions will result in both lots meeting all dimensional standards for the R -3 zoning district.
(3) The result in the size of the two building sites: Lot 1 will be 13,446 sq. ft with 97 feet of
frontage on SW 69th Court and Lot 2 will be 12,789 sq. ft. with 91 feet of frontage on SW
69th Court. Both lots will exceed the Code's minimum lot size of 10,000 sq.ft. and the
required minimum lot frontage of 75 feet.
(4) The result of the removal of the unity of title will be the creation of two building sites. The
staff, as matter of information, did "compare the lot size of the new buildable lot to other
properties within 500 feet of the subject property which is a criteria used in the waiver of
plat decision process. The data shows that the Lot 2(12,789 sq. ft) is smaller than a majority
of the surrounding lots.
RECOMMENDATION
It is recommended that the request to release a unity of title document for 8200 SW 80 Court be
approved.
Attachments:
Draft resolution
Unity of Title (1993)
Letter of Request
LDC Section 20- 5.16(e)
Survey; New site plan
Public notices
MD /DOD /SAY --,OL0'tyzri
EAComm Items \2004 \12 -7 -04\ m Title Report 8200 SW 60.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT
TO SECTION 20- 5.16(e) OF THE LAND DEVELOPMENT CODE FOR
RELEASE OF A UNITY OF TITLE FOR PROPERTY LOCATED AT
8200 SW 60'h COURT AND LEGALLY DESCRIBED AS LOTS 1 AND 2,
BLOCK 1, HARRIS ESTATES SUBDIVISION; THE PURPOSE OF THE
REQUEST IS TO PERMIT A RESIDENTIAL BUILDING TO BE
CONSTRUCTED ON LOT 2; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, in 1993 the owner of property located at 8200 SW 60th Court and legally
described as Lots 1 and 2, Block 1, Harris Estates Subdivision, proposed an expansion of the
existing home on Lot 1; and
WHEREAS the proposed home expansion on Lot 1 resulted in certain dimensional
standards being exceeded thereby requiring the building site to include Lot 2; and
WHEREAS, in order to receive a permit in 1993 from the City the owner of Lots 1 and 2
Block 1, Harris Estates Subdivision was required to execute and record a unity of title which
effectively encumbers both lots resulting in one building site; and
WHEREAS, in 2004 the owner now wishes to remove the improvements which resulted
in the need to execute and record a unity of title; and
WHEREAS, the release of the unity of title would allow for construction of a
residential structure on Lot 2
WHEREAS, the Section 20- 5.16(e) of the Land Development Code which relates to the
release of a unity of title requires the City Commission to conduct a public hearing, prior to
acting upon a request for release of the unity of title; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The request of the owner of property located at 8200 SW 601h Court and legally
described as Lots 1 and 2, Block 1, Harris Estates Subdivision to release a unity of title
document executed in 1993 for the subject property is hereby approved subject to the removal of
all encumbrances which required the submittal of the 1993 Unity of Title.
Section 2: This resolution shall be effective immediately after the adoption hereof.
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8 ATTEST: APPROVED:
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11 CITY CLERK
MAYOR
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Commission Vote:
14 READ AND APPROVED AS TO FORM:
Mayor Russell:
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Vice Mayor Palmer:
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Commissioner Wiscombe:
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Commissioner Birts- Cooper:
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Commissioner Sherar:
19 CITY ATTORNEY
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46 EAComm Items \2004 \12 -7 -04 \Unity of Title 8200 Sw 60 Ct Reprt.doc
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UNITY OF TITLE 93R387868 1993 AUG 05 13:59
WHEREAS, the undersigned are the owners of that certain property described as:
Lot 1, in Block 1, of HARRIS ESTATES, according to the -Plat
thereof, as recorded in Plat Book 119, at Page 8, of the Public
Records of Dade County, Florida, aNa 8200 Southwest 60th Court,
South Miami, Florida 33143
and
Lut 2, Block 1, HARRIS ESTATES, according to the Plat thereof, as
recorded in Plat Book 119, tit Pngc R, of the Public Records of Dade
County. Florida.
The undersigned recognize and acknowledge that for the public health, welfare, safety
or morals, the herein•descrihcd property should not be divided in to separate parcels owned by
several owners so long as the same is put to the hereinafter use, and in considcratiod of the issuance
of a permlt to construct an addition to the rear of the existing residence which will encumber both
properties, and for other good and valuable considerations, the undersigned hereby agrees to restrict
the use of the subject property in the following manner:
1. That said propert shall be considered as one plot and parcel of land
and that no portion of said plot and parccl• and land shall be said,
transferred, devised, or assigned separately, except in its entirety as one
plot or parcel of land„
2. The undersigned further agree that this condition, restriction and
limitation shall be deemed a covenant running with the land and shall
remain in full force and effect and be binding upon the undersigned,
their heirs and assigns until such time as the same may he released in writing
by the Dircctol of the City of South Miami Building and Zoning Department
or the executive officer of the successor of such Department, in the absence
of such director or executive officer, by his assistant in charge of the office
in his absence.
Provided, however, that a release will be executed when the premises are made to conform with
applicable zoning regulations or the use or structure is removed from the premises and there is no
further reason to maintain the Unity of Title on the Public Records. '
i�
6KKN BRUCE TALKIhiP ON
LILIA TALKINGTON (j
STATE OF FLORIDA ), 111:0111411110 Ne wat11canuke"
as 0401 codorr.K060a.
SS: 11cada rlufns
COUNTY OF DADE ) HARVEY RUVIH
91" aeeun ewv
The- foregoing instrumentwas acknnwlcdeed before mr. this -2/GTd'ay of June. 1"3
by ORAN BRUCE TALKINGTON and LILIA TALKINGTON, who arc personally known to me,
t„t —ky-f-d—d ,4*4deneiEisitgesand who•diel.
(did not) take an oath.
1VI5 DOCUMENT PRUARID by:
MARCIA K. CAOAII.FM 2, ESQUIRE
nwiaa On Nunher OT]A3sa
Marsk';, Cshalkm R Manin•I�iellc, PA.
24SO Smthwxt 1371h Avenue, suite 221
Mimi. M i" 33175
(305) 5534020
Namc•
NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
My Commission expires:
Commission Number.
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CARLOS WILLIARD 8 FLANAGAN, P.A.
ATTORNEYS AT LAW
THOMAS P. CARLOS
W. CHAD WILLIARD
JEFFREY M. FLANAGAN
October 20, 2004
Mr. Don O'Donniley, Director
City of South Miami
Department of Planning & Zoning
6130 Sunset Drive
Miami, Florida 33143
Re: Oran B. Talkington and Lilia Talkington
8200 SW 60th Court, South Miami
Dear Mr. O'Donniley:
SUITE 1000
999 PONCE DE LEON BOULEVARD
CORAL GABLES, FLORIDA 33134
TELEPHONE 305.444.1500
FACSIMILE 305.443.8617
E-MAIL: INFO@CWFPA.COM
SENDER'S E -MAIL: JEFFREYF@CWFPA.COM
As we have previously discussed, on behalf of the Talkingtons, I am requesting a release of the Unity of
Title dated June 21, 1993 and recorded in Official Records Book 16007 at Page 5389. The Talkingtons
intend to remove impervious portions of their property in order to bring their residence, which is located on
Lot 1 of Block 1 of HARRIS ESTATES subdivision into compliance with the City's development
regulations. The removal of the impervious area as shown on the site demolition plan dated October 12,
2004__hy Mark Rearcaon R A Architect, will allnxT_ flip Tnllrtnofnn rpcirlanop to ctnnrl nlnna 7o o q;"Mo 1—+ ., A
therefore the Unity of Title is no longer required.
I am also enclosing site plans of a proposed residence on Lot 2 of Block 1 of HARRIS ESTATES
subdivision. I am submitting these to you for your future reference.
The Unity of Title specifically states that upon compliance with the City's regulations, the Unity may be
released. We look forward to your favorable review and recommendation. If you require anything further
of me, please do not hesitate to ask.
Yours truly,
S WILLIARD & FLANANGAN, P.A.
Jeffrey
cc: Mr. Bruce Talkington
enc.
20 -5.16 Unity of Title Submittal and Procedures
A Unity of Title, as defined in Section 20 -2.3, shall be required as specified below and shall be a ..
prerequisite to the is iif a 01111 lg peanut.
(a) Required. The Unity of Title shall be required in the
following cases:
1. Whenever the building site consists of more than one lot or parcel and the main
building is located on one lot or parcel and auxiliary or accessory use buildings
are located on the remaining lot or parcel comprising the building site.
2. Whenever the building site consists of more than one lot-or parcel and the main
building is located on one or more of the lots or parcels and the remaining
lots or parcels encompassing the building site are required to meet the minimum
zoning requirements.
3. Whenever a Unity of Title is required by a provision within this Code or is
specifically required by an ordinance or resolution passed and adopted by the
City Commission.
(b) Submittal. A Unity of Title shall be submitted to the Planning and Zoning Department.
(c) Approval. A Unity of Title shall be subject to approval by the City Attorney as to form
and content.
(d) Recording. A Unity of Title shall be recorded in the Public Records of Miami -Dade
County and shall run with the land and shall be binding upon the property owner, his/her
successors and assigns. The owner shall pay the fee as required for recording a Unity of
Title in the Public Records of Miami -Dade County.
(e) Release. Any Unity of Title required by this section shall not be released except upon
approval by resolution passed and adopted by the City Commission, after a public
hearing, and executed by the City Manager and City Clerk. The release of the Unity of
Title is contingent upon a cessation of the conditions and/or criteria which originally .
required the execution of the subject Unity of Title.
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally. appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement, "
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING - 12/7/2004
ORDINANCE AMENDING SECTION 20 -3.6 (H) (2) (C), ETC.
in the XXXX Court,
was published in said newspaper in the issues of
11/26/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing thi dvertise for publication in the said
newspaper.
-ui
Sworn to and subscribed before me this
26 d of BE A DL 2004
(SEAL)
O.V. FERBEYRE personally known to me
Maria, 1. Mesa
.� .q I`,tr Commission DD293855
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COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On Tuesday, December 7, 2004; beginning at 7:30 p.m:, in the City Commission
Chambers, 6130 Sunset. Drive, the City Commission will hold Public Hearings to
consider the following items:
AN ORDINANCE AMENDING THE; LAND DEVELOPMENT CODE OF THE CITY
OF SOUTH MIAMI TO .ELIMINATE THE REQUIRED MINIMUM 60% -OPEN AREA
ON THE TOP TWO (2) FEET OF FENCES ADJACSNT TO A RIGHT -OF -WAY.
AN ORDINANCE AMENDING THE CITY. OF` SOUTH MIAMI PENSION PLAN,
PROVIDING FOR ELIGIBILITY AT DATE OF EMPLOYMENT FOR POLICE,
OFFICER EMPLOYEES OF THE CITY OF SOUTH MIAMI; PROVIDING FOR A
MINIMUM RATE OF BENEFIT ACCRUAL FOR POLICE OFFICER EMPLOYEES.
RESOLUTION - PURSUANT TO THE LAND DEVELOPMENT CODE FOR
RELEASE OF A UNITY OF.TITLE:FOR PROPERTY LOCATED AT 8200 SW 60th
COURT AND.. LEGALLY DESCRIBED AS LOTS I AND 2, BLOCK 1, HARRIS
ESTATES SUBDIVISION; THE PURPOSE OF. THE `REQUEST IS TO PERMIT A
RESIDENTIAL BUILDING TO BE CONSTRUCTED ON LOT 2.
A RESOLUTION FOR APPROVAL. OF THE FOLLOWING TWO PARKING`
VARIANCES IN:ORDER TO PERMIT PROPERTY LOCATED AT 6230 SW 70TH
STREET IN AN "RO "RESIDENTIAL. OFFICE ZONING USE DISTRICT TO BE
USED A&A COMMERCIAL OFFICE BUILDING:, (11) VARIANCE FROM THE LAND
DEVELOPMENT CODE TO ALLOW FOUR. `;OFF- STREET PARKING °SPACES
WHERE" THE REQUIRED OFF - STREET PARKING IS FIVE SPACES; (2)
VARIANCE FROM THE LAND 'DEVELOPMENT CODE TO ALLOW REQUIRED
PARKING TO BE- LOCATED IN THE FRONT SETBACK AREA WHICH 1S
PROHIBITED :IN THE RO ZONING USE DISTRICT.
Inquiries concerning this item should be directed to the Planning Department at 305 7663
6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez
- City Clerk
Pursuant to Florida-Statutes 286.0105, the,.City hereby advises the public that if a person decides to
appeal any decision made by this Board, Agency or Commission ' with respect to any matter
considered at its meeting or hearing, he or she will need:a record of the proceedings, 'and that for
such purpose, affected person may. need to ensure that a verbatim record of the proceedings is made
which record includes the testimony.and evidence upon which the appeal -is to be based.
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