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10-05-92OFFICIAL. AGENDA CITY OF SOUTH MIAMI 6130 Sunset Drive REGULAR 'CITY COMMISSION MEETING Next Resolution: October 5, 1992 Next Ordinance: 7:30 p.m. Next Commission Meeting; A. Invocation B. Pledge of Allegiance to the Flag of the.United States of America C. Presentations: D. Items for Commission Consideration: 1. City Manager's Report 2. City Attorney's Report 3. Approval of Minutes: 9/1, 9/15, 9/16/92 ORDINANCES - 2ND READING AND PUBLIC HEARING: 4. An Ordinance of the Mayor and City Commission of the City of D South Miami, Florida; abandoning that alley commonly known as 60th Court Alley and 'legally described hereinbelow; providing for severability; providing .. for ordinances in conflict; and C providing an effective date. (Administration) 4/5 5. An Ordinance of the Mayor and City Commission of the City of A� South Miami, Florida; abandoning that alley commonly known as a')63rd Street Alley and legally described hereinbelow; providing for severability; providing for ordinances in conflict; and providing an effective date. (Administration) 4/5 6. An Ordinance of the ayor and City Commission of the City of South Miami, Florida; abandoning that alley commonly known as Franklin Alley and legally described hereinbelow; providing for -® severability; providing for ordinances in conflict; and providing J�)an effective date. r 4/5 7. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; abandoning that alley commonly known as 42nd Street Bird Road Alley and legally described hereinbelow; providing for severability; providing for ordinances in conflict; ( j and providing an effective date. (Administration) 4/5 8. n Ordinance of the Mayor and City Commission of the City of South Miami, Florida; abandoning that alley commonly known as 63rd Terrace Alley and legally described hereinbelow; providing i-° for severability; providing for ordinances in conflict; and 01 providing an effective date. (Administration) 4/5 9. An Ordinance of the Mayor and City Commission of the City of 0 1South Miami, Florida; abandoning that right of way commonly known as Sea View Canal Right of Way and legally described hereinbelow; providing for s,everability; providing for ordinances in conflict; and providing an effective date. (Administration) 4/5 0JV 9 -ll 10. An Ordinance of the Mayor and City Commission of the City of ® South Miami, Florida; amending Article IX "Newsracks on Public_ .� Rights-of-Way" of Cha ter 13 of the Code of Ordinances of the City � p y VA of Sough Miami, by amending Sections 13 -62 (B) (2) and (3) relating to color and lettering; providing for severability; providing for ordinances in conflict; and providing an effective date. (Commissioner Carver) 3/5 OFFICIAL AGENDA October 5, 1992 page 2 ORDINANCES - 2ND READING AND PUBLIC HEARING• �` 11. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida; authorizing the sale of a portion of South Miami Field legally described hereinbelow to the Dade County School Board for the sum of $183,750.00 upon the basis that the said land is not presently serving any public purpose; providing for deposit of the proceeds into account number 05- 1310 - 69.200 "Revolving Trust Fund;" providing for severability; providing for ordinances in conflict,; and providing an effective date. -- (Administration) 4/5 RESOLUTION FOR PUBLIC HEARING: t I10, 12. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; granting a request by the School Board of Dade County, Florida from the Planning Board of the City of South Miami for three variances from Sec. 20 -3.5 (C)(3) of the Land Development Code to allow -a zero (0) feet rear setback for a proposed addition; to allow a building coverage of thirty eight percent (38) %; to allow an impervious coverage of seventy six percent (76%) and one variance from Sec. 20 -3.5 B (12) of the Land Development Code to require no additional parking spaces where twenty -six (26) parking space's are required for a proposed addition for the property known as 67:50 SW 60 Street South Miami, FL 33143 (a public facility, specifically' South Milami Middle School) and legally described hereinbelow. PB /Admini strati on) 4/5 13. A Resolution of the Mayor and City Commission of the City of South Miami, Florida;" approving a request pursuant to Sec. 20 -3.6 (J)(1) of the Land Development Code for a viarance to allow a side swimming pool setback of eight (8) feet where ten (10) feet is required and a rear swimming pool setback of ten (10) feet where twelve and one half (12.5) feet is required by Lillian Levine from the Planning Board of the City fo South Miami, Florida for the property known as 6351 SW 62 Terrace, South Miami, Florida 33143 and legally described' hereinbelow. (PB /Administration) 4/5 RESOLUTIONS: III_' 14. A Resolution of the Mayor and City Commission of the City of Miami, Florida; denying an appeal from the Environmental ,,,)South �td C1 Review and Preservation Board by Dorphil Swimming Pool Supplies 0 with regard to installation of nien additional tanks for the property commonly known as 7500 SW. 61 Avenue, South Miami, FL 33143. �C (Commissioner Carver) 3/5 15. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the City Manager to execute a six month's lease for a storage facility for the warehousing of vehicles held by the Police Department pursuant to the Florida Contraband Forfeiture Act; authorizing an expenditure not to exceed $3,450.00 and charging the disbursement to account number 08- 1910 4400 "Forfeiture - Fun - d Rentals and Leases." t��,q_` 1! , (Administration) 3/5 16. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; authorizing the City Manager to disburse the sum of $4,096.72 representing fees incurred for legal services by Gregory Borgognoni of Ruden, Barnett ETAL, in the cases of Gomez vs. City of South Miami, $1,0`77.50; M'andelstam vs. City of South Miami, $2,354.35; Steiglitz vs. City of South Miami, $652.25; and other services reference Land Use Comprehensive Plan Litigation, - $12.62; and charging, the disbursement to account number - 2100' -4910: "Comprehensive Special Attorney." (Administration) 3/5 OFFICIAL AGENDA October 5, 1992 p9 3 t RESOLUTIONS : lr( r 17. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to disburse �-� the sum of $4,51.50 representing fees incurred for PUD Research and Conference with City Officials by Gregory Borgognoni of Ruden, Barnett,ETAL, regarding the Bakery Centre application charging the disbursement to account number 2100 -4910: "Comprehensive Special Attorney.: ,,(Administration) 3/5 18. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, approving and adopting the recommendations of the City Manager to transfer line items as per set forth in the attached itemized list from one City Department to another City Department for the Fiscal Year ending September 30, 1992, to account for additional and thus 'unappropriated revenues and the expenditures therefrom pursuant to Florida Statute 166.241 and authorizing the City Manager to take such measures as necessary to accomplish these transfers. / ° � (Administration) 3/5 19. A Resolution of the Mayor and City Commission of the City of South Miami, Florida; appointing Rick Jorczack as a member of the j� Planning Board of the City of South Miami, to serve in such capacity ter„ from October 5, 1992, to October 5, 1994 or until a successor is duly appointed and qualified, whichever occurs first. g30-Y (Mayor) 3/5 20. A Resolution of the Mayor and City, Commission of the City of r� South Miam-i, Florida, authorizing the City Manager to execute all documents on behalf of the City of''South Miami required under the Federal Robert T. Stafford Disaster Relief and Emergency Assistance Act. (Administration) 3/5 ORDINANCES - 1ST READING: 21. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code of the City of ,South Miami, Florida by providing a definition of "Shoppin`g Center" in Section 20 -3; providing for severability; ordinances in conflict; and an effective date. (Mayor & Commisioner Carver) 3/5 22. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida authorizing the sale of a portion of the "Old South Miami Plant Nursery" legally described hereinbelow to Habitat for Humanity Inc. for the sum of $1.00 upon the basis that the said land is not presently serving any public purpose; that quality low cost housing is needed in the City of South Miami, Florida; and that Habitat for Humanity has a proven record of providing quality low cost housing; providing for seve'rability; providing for ordinances in conflict; and providing an effective date. (Mayor) 4/5 DEFERRED: A Resolution of the Mayor and 'City Commission of the City of South Miami, Florida; denying ;a request for a Special Use permit to allow a "Mobile Automobile Wash /Wax Service' Use in the L0, MO, NR, GR, I and H- Districts pursuant to Section 20 -3.4 (B)(20) of the Land Development Code by Alvaro Tellez from the Planning Board of the City of South Miami, Florida. I I (Deferred III) OFFICIAL AGENDA October 5, 19'92 page 4 RE MRE M None "Pursuant to Fla. Stat. 266.0105, 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 nearing, he will need :a record of the proceedings, and that for such purpose, affected which record includes persons may need to ensure that a verbatim record of the proceedings is made the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the in- troduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law." m ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY COMMONLY KNOWN AS 60TH COURT ALLEY AND LEGALLY DESCRIBED HEREINHELOW; PROVIDING FOR $EVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public at private street, alley -way, road, highway or other place used for travel or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and Lhe public in and to any land in connection therewith; and WHEREAS, the Administration has recommended the vacating of that alley commonly known as 60th Court Alley and legally described in the attached Exhibit "A", as the said alley presently serves no public purpose to the City and will, upon its reversion to the adjacent property owners, constitute additional ad valore.m. tax revenues to the City; and WHEREAS, therefore, on July 28, 1992, a public hearing was set for September 1, 1992 at 7:30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newspaper of general circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, the City Commission has now completed the public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND 'CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section ,1. That the alley commonly known as 60th Court Alley and legally described in the attached Exhibit "A" within the City of South Miami be, and the same hereby is, abandoned, renounced, and disclaimed by the City of South Miami and shall, pursuant to the plat czLa Liny that alley, revert to the ownership of the immediately adjacent properties. its adoption, in one issue of a newspaper of general circulation published in bade County. The proof of publication of notice of public hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of such Ordinance shall be recorded in the deed records of Dade County. Section_ 3` If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent iurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance, Section 4. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of October, 1992. ATTEST: CITY G'LERK —. ...._� READ AND APPROVED AS TO FORM: CITY ATTORNEY �k APPROVED: MAYOR 2 Staff Report for PB -92 -00`x" PB -9Z -OO Applicant: City Administration Request: Abandonment of Alley ANALYSIS The City Administration wishes to close the alley that is designated as 60" Court on the Atlas Map. This public right -of -way does not serve as a regular public thoroughfare. The property will revert to private ownership. RECOMMENDATION Staff recommends approval of Administration's request. a _ _ • - 2,W "'re 1 SUME ,.fffflr�ii I I '"RACY / F rRACr i GARDENS L--� - 92-005 60`" Court Alley 11 Page . -2 of 6 i I I : A � 64 ER4 _ - i 17 1 a v 5 7 2 4ttj till y+" e 9 lQ i�Yo/4 f ! !1 J ' tt r HE - 92-005 60`" Court Alley 11 Page . -2 of 6 i Page 1: Copy of current survey Point or Beginning ME. corner Lot 17 rt ,. • u I L @ 17 s s s , MUCE o gyp_ 92nd 4MMO aCa Point of Beginning HE, corner Lot 93 0 p o Point of Beginning a NE-corner Lot Of f� o �o 0 00 ° 0 s ` �o s� o t PB -92 -005 Page 2: Copy of current survey LEGAL DEDMIPTION o+ 15.0 feet strip wide parcel of land adjacent Begin at the Northeast Corner of Block 16, as shown on said plat of FRANKLIN SUBDIVISION; thence Southerly along the East line of said Block 16 for a distance of 2Ut1 feet to the Southeast corner of said Block 16 thence Easterly along the Easterly extension of the South line of said Block. 16 for a distance of 15 test to the Southwest corner of Block 15. as shown on said plat of FRANKLIN SUBDIVISION. thence Northerly along the West line of said Block 15 for a distance of 200' feet; to the Northwest corner of said Block. 15; thence Westerly along the Westerly extension of the North line of said Block 15 for a distance of 15 feet to the Point of Begann ng.' TOGETHER WITH: Begin at the Northeast corner of Block 13. as shown an said plat of FRANKLIN' SUBDIVISION: thence Southerly along the Easterly line of said Block 13 for a distance of 200 feet to the Southeast corner of said Block. -IZ thence Easterly, along the Easterly extension of the South line of said Block 13 for a distance of 15 feet, to the Southwest' corner of Block 14, as shown on said plat of FRANKLIN SUBDIVISION; thence Northerly along the west line of said 61ock`14 for a distance of 200 feet to the Northwest corner of said Block 14 thence Westerly along the Westerly extension of the North lane of said Block 14' for 15 feet to the Point of beginning. TOGETHER WITH: Begin at the Northeast corner of Lot 69. Block 12 as shown an said plat of FRANKLIN SUBDIVISION; thence southerly along the Easterly line of said Block 12 for a distance of 100 feet to the Southeast corner of Lot 69: thence Easterly along the Easterly extension dt the Southerly toundary of said Block 12 for a distance of 15 feet rp the Southwest corner of Block 11 as shown on said plat, of FRANIIIN SUBDIVISION: thence Northerly along the Westerly line of said Elocv 11 for a distance of 100 feet to the Northwest corner of said Hlac. 11: thence Westerly along the Westerly extension of the North tine of said - Block 11 for a distance of 15 feet to Uie Point of Beginning. 60t" Court Alley Page--,4 of 6 FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County. Florida, more particularly oascribed as followse Begin at the Northeast corner of Block 17, as shown on said Plat Oi FRMNf1.L1N '5U6DlVISIUr4; tne(ice 5uutherly along the East line of said Block 17, for a distance of 100.0 feet to the Southeast corner of said Block 171, thence Easterly along the Easterly extension of the outh line of said Block L7 for a distance of 15.0 feet to the Southwest corner of Block 16 as shown on said plat of FRANKLIN SUBDIVVISION thence Northerly along the West line of said Block 18 for a distance of 100 feet to the Northwest corner of said Block -18, thence West along the most Northerly boundary Line 'of said '?FRANKLIN SUBDIVISION for a distance of 15 feet to the Point of Beginning. TOGETHER WITH: Begin at the Northeast Corner of Block 16, as shown on said plat of FRANKLIN SUBDIVISION; thence Southerly along the East line of said Block 16 for a distance of 2Ut1 feet to the Southeast corner of said Block 16 thence Easterly along the Easterly extension of the South line of said Block. 16 for a distance of 15 test to the Southwest corner of Block 15. as shown on said plat of FRANKLIN SUBDIVISION. thence Northerly along the West line of said Block 15 for a distance of 200' feet; to the Northwest corner of said Block. 15; thence Westerly along the Westerly extension of the North line of said Block 15 for a distance of 15 feet to the Point of Begann ng.' TOGETHER WITH: Begin at the Northeast corner of Block 13. as shown an said plat of FRANKLIN' SUBDIVISION: thence Southerly along the Easterly line of said Block 13 for a distance of 200 feet to the Southeast corner of said Block. -IZ thence Easterly, along the Easterly extension of the South line of said Block 13 for a distance of 15 feet, to the Southwest' corner of Block 14, as shown on said plat of FRANKLIN SUBDIVISION; thence Northerly along the west line of said 61ock`14 for a distance of 200 feet to the Northwest corner of said Block 14 thence Westerly along the Westerly extension of the North lane of said Block 14' for 15 feet to the Point of beginning. TOGETHER WITH: Begin at the Northeast corner of Lot 69. Block 12 as shown an said plat of FRANKLIN SUBDIVISION; thence southerly along the Easterly line of said Block 12 for a distance of 100 feet to the Southeast corner of Lot 69: thence Easterly along the Easterly extension dt the Southerly toundary of said Block 12 for a distance of 15 feet rp the Southwest corner of Block 11 as shown on said plat, of FRANIIIN SUBDIVISION: thence Northerly along the Westerly line of said Elocv 11 for a distance of 100 feet to the Northwest corner of said Hlac. 11: thence Westerly along the Westerly extension of the North tine of said - Block 11 for a distance of 15 feet to Uie Point of Beginning. 60t" Court Alley Page--,4 of 6 Area map indicating subject properties and mailing area ,� /� ire• ' 0 , , (?'_? ) *s ,; y r s{ tI • `�� -Y +�. r ,.'�l S 1, ..Olv •J � �2 L' �N '. i7J�. S �!'.., I 1 �J -• � t r• 1, _ � 7 (•Jn t / • 1 ,,, , �x'tI.. VJOx G.•OlNJ x0 ) �J1 Tr S -���- 1 1 �.— • ice.•. , •� � t . I.w. ,lti� f`. 111 • •' 1 }• � • ~ • APPLICANT: (T /T /�_. D l� M I nRAT J t ST RAT (,.,J OWNER: y "%F REFERENCE: Cr.J:.TNTS: AbANAow mews OT--E CITY or MUTU WAMI P LANNING bOAAD CAAompaq$ sca le.As S bun Date?%tt, 3,1, ,1942 Orn ...... Chk..... M I N U T E S Planning Board Tuesday, August.11, 1992 City Commission Chambers 7:30 PM I. Call to order and the Pledge of Allegiance to the Flag of the U.S.A. II. Roll Call. Present Manuel Gutierrez Robert Parr John Lef ley Dianne Wright Larry Ligammare Absent Cindy Thorner Also present: Planner Mackey and Board Secretary Delisa. III. Approval of the Minutes of July 28, 1992. Mr. Parr made a motion to approve the Minutes of July 28, 1992, with the following addition on page 3,line 21 "The reason for the approval of this request is that the property has 180' of lot frontage, which is an important consideration ". Seconded by Ms. Wright. Vote: Approved as amended: 4 Opposed: 0 Abstention: 1 (Ligamare) IV. Public Hearing: P B— 9 2 — 0 0 5 Applicant: _City Administration Request: Abandonment of alley PB Minutes 08 -11 -92 1 NRSTRNLY ALMG 2= 111STffiY EITEfSMM O! TER 1gNTE LaE OF SAID BACC 14 POR 15 LEES ib THE POIlT OP HEG=K=G_ SOGRT®t WITH -: NN6a AT. INE THE ST CONNER OF LOP 69, WA= 12 . AS � .OH : SAM PLAT OF PaLU ME SOEDIVISIO•J T� ' Z ALMO TER NAAWRELY Ia 01P SA" WAQ- 12 FOR A DISTANCE 401 100. FE!! TO THE SOOTaAST' CURNER OF LOT 69; THENCE' EaSTMMY' AWNG -THE '.EASTERLY: E=TROOMM OF :THE SOOTHEELY-. HOOmAY -OP SUM :MKAXZ 12 FOR A DIMMM= OF 15 PEZT 10 THE SOOTNNERT COQ OF BLOM II AS SNOB CIE . SWED PLLT', OF PRANWLa 50310MMSX002'TNT NOW!"M LY ALONG TEE WESTERLY L7..T E Or SAID BLOM 11 FOR A DISTANCE OF 100 PEET'. TO. THE HOISSiE9l COMM OF SAM =A= 11: THENCE WESTOMY ALONG. TER WES2MIY EiTE61dl OP THE. WW7R LINE OF SLXD MA C[ 11 FOR DISTANCE OE 15 PERT TO THE POINT OF HRGZaING. Mr. Eisenhart read the request. Staff reported that all of the requests on agenda come from the City Administration on the premiss that these public right -of -ways no longer serve as public thoroughfares or never did and if the City abandons them, the property will revert to private ownership. In the cases of all the alleys except one, each 'alley will be divided equally down the middle between property owners on either side. In the case of 63rd Terrace, the original plat included only 1/2 street, the other side was not dedicated , therefore', all the property would revert to the property owner in Aurora Gardens Subdivision since it is only 1/2 a street. Existing utility easements will remain. Access agreements must be determined between property' owners themselves. Staff recommends approval. Chair deems ,public hearing to be open asking those present wishing to speak either for or against this request. Dirk Holkeboer, Exec. Director for Miami Habitat for Humanity signed in to speak in favor of the request. Habitat has two parcels located on this alley. There being no one else to speak for nor anyone to speak against this request, Mr. Gutierrez called the public hearing closed and declared the meeting to be in executive session. Mr. Parr made a motion that the Board approve the request made by City Administration made for PB -92 -005 as submitted. Seconded by Mr. Eisenhart. Vote: Approved: 6 Opposed: 0 t .R ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY COMMONLY KNOWN AS 63RD STREET ALLEY AND LEGALLY DESCRIBED HERRINBELOW; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other place used for travel or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the Administration has recommended the Vacating of that alley commonly known as 63rd Street Alley and legally described in the attached Exhibit "A}', as the said alley presently serves no public purpose to the City and will, upon its reversion to the adjacent property owners, constitute additional ad valorem tax revenues to the City; and WHEREAS, therefore, on July 28, 1992, a public hearing was set for September 1, 1992 at 7:30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newspaper of general circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, the City Commission has now completed the public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the alley commonly known as 63rd Street Alley and legally described in the attached Lxhi.bit "Ai within the City of South Miami be, and the same hereby is, abandoned, renounced, and disclaimed by the City of South Miami and shall, pursuant to the plat creating that alley, revert to the ownership of the immediately adjacent properties. l its adoption, in one issue of a newspaper of general circulation published in Dade County. The proof of publication of notice of public hearing, the Ordinance as adopted, and the proof of puhlication of the notice of the adoption of such Ordinance shall be recorded in the deed records of Dade County. Section—I,,, If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Sect Lon .4., All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section. 5;_ This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this _ th day of October, 1992. APPROVED MAYOR ATTEST: CITY Ci,ERK - READ AND APPROVED AS TO FORM: CI TY� AT'Y'ORNEY i - -- 0 Soo, _ PB -92 OOG Applicant: Reauest: F'B- 02 —OOC City Administration Abandonment of Alley Staff Report for PB- 92 -006- ANALYSIS The City Administration wishes to close the alley that is designated as 63"° Street on the Atlas Map'. This public right -of -way does not serve as a regular public thoroughfare. The property will revert to private ownership. RECOMMENDATION Staff recommends approval of Administration's request. 7 i _ U•� n,iy •N o,1 Ja L .' V pct 1 '%S 'r tt J i :•,ri - 41 so 4r �,sz, 33; ss 55 c is ly' !� !? _t <o f; Sz • _ ol 5ti 4 5 6 �s TRACr) 5 7 a + 1, a Nk V J 9 itt p-? »N/VE' V/ it io 13 t [!A719EN5 VI 4 • 17_ 2.5 ; 2 41 so 4r �,sz, 33; ss 55 c is ly' !� !? _t <o f; Sz • _ e', rE r /! r r`_..• O, `` Page l: Copy of current survey n C1 a o Q a a ° rot. o v JNl� !Vt �© �fltkb pdQQ[ ° 0 a v m 7 r ��� v PB =92 -006 63' street Alley P�n3: of 6 ;� Page 2: Copy of current survey LEGAL DESCRIPTION: A portion of S.W. 63rd Street as shown on the amended Plat of HAMLET, according to the Plat thereof as recorded in Plat Book 4 at Page 48 of the Public Records of )ade County, Florida. mole particularly described as follows: Begin at the Southwest corner of Lot 6, Block 3, as shown on said Plat of AMENDED PLAT OF HAMLET; thence Easterly along the South line of Lot 6 for a distance of 97.04 feet to the Southeast corner of said Lot 6% Block 3; thence South along the Southerly extensi ,)n of t_he =.East line. -of said Lot 6. for a distance of 30.0 feet to the Northeast corner of Lot 1. Block 4. as shown on said Plat of AMENDED PLAT OF HAMLET; thence Westerly along the North line of said Lot 1. Block 4, for a distance of 97.00 feet to the Northwest corner of sa;d Lot 1. Block 4; thence Northerly along the Northerly extension of the ;West line of said Lot 1. Block 4, for a distance of '30.0 feet to the Point of Beginning. Planning Board Advertisement for PB -92 -006 City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING HUD - B On Tuesday, August 11, 1992, at 7:30 P.M. in the Commission Chambers, the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. On Tuesday, September 1, 1992, at 7:30 P.M. in the Commission Chambers, the City Commission of the City of South Miami will conduct a Public Hearina on the following matters: PB^92 ^006 Applicant: City Administration Request: Abandonment of roadway LEGAL DESCRIPTION: A PORTION OF S.W. 63rd STREET AS SHOWN ON THE AMENDED PLAT OF HAMLET, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT HOOK 4 AT PAGE 48 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 6, BLOCK 3, AS SHOWN ON SAID PLAT OF AMENDED PLAT OF HAMLET; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 6 FOR A DISTANCE OF 97.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6, BLOCK 3; THENCE SOUTH ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT.6, FOR A DISTANCE OF 30.0 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 4, AS SHOWN ON SAID PLAT OF AMENDED PLAT OF HAMLET; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 4, FOR A DISTANCE OF 97.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 4; THENCE NORTHERLY ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1, BLOCK 4, FOR A DISTANCE OF 30.0 FEET TO THE POINT OF BEGINNING. YOU ARE HONEST ADVISED THAT IF ANY PERSON 13951RES TO APPEAL ANY DECISIOM MADE WITH RESPECT TO ANY MATTER coMSIDSREO AT TMIS MEETING, on HEARINOt. -SUCH PEwSON WILL NEED 'A'. PECORO OF THE PRocaZotNSs" ANO FOR sucH }uRPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE -PRO- c6co1NG,f If MADEt WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON. WHICH THE APPEAL 10 TO 09 EASED. (F. S. 2116010!). PYSLIO NEARING, WILL SE HELD IN THE COMMiffla t cHAMSERs AT THE CITY. HALL" 1170 SUNSET ORIVEt SOUTN MIAMI. FLORIDA". AT THE TIME AND DATE STATED ASOVE -. ALL INTEwESTto PARTIES ARE unezo TO ATTENoo oSUCT10N/ OR 'ERPw[sS10Ns OF APPROVAL MAY OR MADE IN PERSON 'AT THE HEARING DR FILED IN WRITING, PRIOR TO ON AT THE HEARING.. THE SOARD RESERVE/ THE RIGHT TO MCCOMMEIR11 TO THE -CITV COMMtf► ION WHATEVER THE SOARD- CONEIOERS IN THE SEST INTEREST FOR THE AwEA INVOLVED. THE SOARD'S- RECOMMENDATION ON THIS :' MATTER .: WILL -Sit HEARD :fY.. THE CITY' COMMISS ION AT A FUTURE DATE. INTERESTED PARTIES wEGUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE 20NING'osaacTow SY c^LLame al -swrDR EY wasT1HG. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. Area map indicating subject properties and mailing area . . .� .../�....�� .71 ff'� r—_-- ------- ----'---- 'tt of PB -92 -006 Applicant: City Administration Request Abandonment of roadway L�caL TMOSm A POaI 1OF S.M. 6410 s:Seer o sB Ol Ma ,SSSesB fti O! � , 1LO6 So T PLAT T =E.AS RZOCG ..n VLLT SOCK 4 AT PAM 48 Old VIBUXC....11WEDS or MME CO06!!, "fiallOL,:NONE FAR2201KARLT -- an P071 * 100® AT TSS 2002mmu/! DO>@ OP Lsl 6.:'aLmx 3, :An: OS. SAM PLAT. OF 1SSr'PL&T OP �r T RANlOLT Sills TER MOOlS;LX= Or LIM 6. WOS A..DZsT11CS..OP 97.04 Farr To TSE'.SOOLS=Aal.00lSS! OP SLXD Ups 6, ZUKZ . S! 'SmQ SOO'S Aid•O 'a 5...2 . or �. lasT : La! Or BLXD Low 6, P¢[ A D2sl1S[' ' or 50.0 PSlT TO la s32EXAM C06@ OP' -LOT 1, ;.. SLOCK 4,. an 's ON sim.,:.PLLT O!'NRS®- : PLAN .. OP SWILiTZ .. TSS1C!" MOOD TS! SOBER LZUR O! aAm &Or 1, SLOM 4, POSS A =8032122 OP 97.00 PSll, 910 TER f0s'.t�P.'OOS� Q: B&M La h1. BLOCK 4T 12[ : � . -ALOS6 Ta. Z aTS•Q OF TSE MUST. LIM Ot SAID Ill 1♦ SLOM :.4'•. IOS 1 zma OP 30.0 Pa? lO Ta:.POom O! Ms. Wright read the request. (63rd Street 59th Place; 59th Avenue). Staff recommends approval. Public hearing opened. No one appeared to speak either for or against the 'request therefore, public hearing closed. Mr. Ligammare made a motion::to accept PB -92 -006 as submitted by City Administration. Seconded by Mr. Eisenhart. Vote: . Approved: 6 Opposed: 0 / s W OiRDINANCE -N0 • AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY COMMONLY KNOWN AS FRANKLIN ALLEY AND LEGALLY DESCRIBED HEREINEELOW; PROVIDING FOR`SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFEC:rIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other place used for travel or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the Administration has recommended the vacating of that alley commonly known as Franklin Alley and legally deocxibed in the attached Exhibit "At', as the said dlley presently serves no public purpose to the City and will, upon its reversion to the adiacent property owners, constitute additional ad valorem tax revenues to the City; and WHEREAS, therefore, on July 28, 1992, a public hearing was set for September 1, 1992 at 7:30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newspaper of general circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, the City Commission has now completed the public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: S_uLLion 1.,. That the alley commonly known as Franklin Alley and legally described in the attached Exhibit "A within the City of South Miami be, and the same hereby is, abandoned, renounced, and disclaimed by the City of South Miami and shall, pursuant to the plat creating that alley, revert to the ownership of the immediately ad-iacent properties. Section 2. Notice of the adoption of this Ordinance by the Commission shall be published one time, within 30 days following its adoption, in one Assue -of - a-:-newspaper of jeneral cizculation published in Dade County. The proof of publication of notice of public hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of such Ordinance shall be recorded In the deed records of Dade County. Section 3. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent -jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 9. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby rehealud. Section__5.. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of October, 1992. APPROVED: MAYOR ATTEST: CITY CLERK - - - -~ READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 PB -92 -007 P B— 9 2 — 0 0 7 Franklin All ey Page ,1 Of 6 i PB -02 -007 Applicant: City Administration Request: Abandonment of Allev tart Report for PB -<. �2 -007' ANALYSIS The pity Administration wishes to_ciose this alley that is desiuna on the Atlas Map. This public right-of-way does not serve as a regular d public thoroughfare. The property will revert to private ownership. RECOMMENDATION Staff recommends approval of Administration's request. n z 6 5 M 1 N 4 5 6 I� T.4ACr .1 Z_ WIVE 9,-// v f rRACr / GARDENS J kV ' 2i� 1 ts f� t -y 11/ /4 47 40 53 • iz 55 0.4 f __,3_t 5 bo 1'44 r 4 `` !! Sw � r' b'• PB -92 -007 Franklin Alley Page 2 of 6 Page 1: Copy of current survey Va aoab anaa�r ivmlZ.ntB /a(I� k Point or BEginnino;il r. so. corner Block i KNE 2 a . o 0BUCa. U 0 0 m MUCOZ 6 o{ {g MULE M Eost 1117! 94&3 � [.inr ekxrG ..✓ ►� point o/ B0 ®IMI1* S. corner ck S 3d0Ga 6 a M L @ C Ia F o >s 0 MUCa I s M LOGa 7 MT �54JR QOMR� Page 2: Copy of current survey Legal Description of a Parcel of Strip 8.0 feet wide, adjacent to Blocks 1 through Block 8. inclusive, lying and being in FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, more particularly described as follows: Begin at the Southwest corner of Block 1, as shown on-said Plat of FRANKLIN SUBDIVISION; thence Easterly along the Southerly line of said Blocks 1 and '3 as shown on the aforoentioned Plat for a distance of 240.00 feet to the Southeast corner of said Block 3; thence Southerly along the Southerly extension of the Easterly line of said Block 3 for a distance of 8.0 feet to the Northeast corner of said Block 4; thence Westerly along the Northerly line of said blocks 2 and 4 as shown on said Plat of FRANKLIN SUBDIVISION for a distance of 240.00 feet to the Northwest corner of said Block 2 thence Northerly along the Northerly extension of the Westerly line of said 'Block 2 for a distance of 8.00 feet to the Point of Beginning. T06ETHER WITHs Begin at the Southwest corner of Block 5, as shown on said Plat of FRANKLIN SUBDIVISION; thence Easterly along the Southerly Line of said Block 5 and 7 as shown on the aforementioned Plat for a distance of 220.00 feet to the Southeast corner of said Block 7; thence Southerly along the Southerly extension of the East line of said Block 7, for a distance of 8.00 feet to the Northeast corner of said Block, 8; thence Westerly along the Northerly Line of said Blocks .B and 6 as shown on said Plat of FRANKLIN SUBDIVISION,' for a distance of 220.00 feet to the Northwest corner of said Block 6; thence Northerly along the Northerly extension of the West' Line; of said 'Block 6,for a distance of 8.00 feet to the Point of Beginning. PB_92_007 Franklin Alley Page 4 of 6 F PB -92 -007 v Planninq Board Advertisement for PB -92 -007 City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, August 1:, :992, at 7:30 p,M, in the Commission Cht�mners. - Plannina Board of the City of South Miami will conduct a Public miter . the tC)iiowinq matter. On Tuesday, September 1, :992, at 7:30 P.M. in the Commission Chambers, the City Commission of the City of South. Miami will conduct a Public Hearing the following matters: PB -92 -007 Applicant: City Administration Request: Abandonment of alley FRAxIrLLIN49 — A PAN . Tyr ti IIT '�I +G, An IACIN nry3 —7— P a H(PPm •ft\')gnlNt: M TN IAP , NIS Fn I. PITRnFPTI I nlrnA, xnRr P•lTrnn.An.Y oex-vrgrn. 9 r unx... n r mnl19 rNF c. PI IF Pn9 nr n.nF ,.. x.r .M 9nIKTNx[ST MPMF+ nF NI V'It nPrFll tt ' T ANn S 9H N H, x n.P1.AT A r p t tnxr THF" FASTIRI.V A tNF vn NnxFR ; 9 'TN :lLV Al�x1 NT(nx Fll FIAT I AM F 9n ITI A CM I N nI TgFN rA P Mr P Mk .'^T9 9w�x r Nr. THE nP M _9 r IT TFM xnF TXI 9TFRIY LrINFAtK 9A1P. PI�vY ) FnP • �HC NnPTNN `9; P : I PIV •Irw T fP I TAxT'F nn fT rT r F .PnINT�n N Tnr.FTNIP :T n H I Ir INNIXI HF 4.. WT— t - TNx[HT to 'TNFRItr NM 9AtH H ­11F1 1M r+TIN t � I of �F91 I IN• H ,Alit Pl nry �n4 • 11nTtNNrr r IFr �. I I.tln1 . t ��r ,..� PTNrpI r ♦ 4. I�r .,. ar I •' YOU ARE HERESY ADVISED THAT IF ANY PERSCN OESIR[STO. A PPEAL ANY OECISICN MADE WITH RESPECT TO ANY MATT[N CONSIDERED AT THIS MEETING OR NEARING, SUCH PERE ON. WILL N[ED A RECORD OF THE PROCEEDINGS( AND FOR SUCH PURNOSC MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO- CEEDINGS Is MADE, WHICH RECORD INCLUDES THE TESTIMONY AND CVIDENCC UPON WHICH THE APPEAL Is TO s[ S .SEO. (F. S.. IN. Gin) RUSLIC NEARING WILL SE. HELD IN THE COMMISSION CNAMSERS AT TN[ CITY HALL# 6I30 SUNSET DRIVE, SOUTH MSAMIP .FLORIDA, AT .THE TIME AND DATE STATEO ASOV[, ALL INT[R[STCO PARTIES AMC . UNGED TO ATTEND, OBJECTIONS OR [XPR[SSIONf 0/ APPROVAL MAY s[ MAD[ IN PERSON AT TNE HEARING OR FILED IN WRITING t+R10R TO ON AT THE NEARING. THE SDARD RESERVES TH[ RIGHT To R[COMM[NO TO TN[: CITY COMMISSION WHATEVER THE. SOAND CONSIDERS I.N TN[ SENT INT[REGT PION THE AREA INVOLVED.. THE SOARDIS R[COMMCNDATION ON THIS MATTER. WILL 69 CAIRO SYTHE CITV COMMISSION AT A FUTURE DATE. INTERESTED PARTIES RCOUESTING INPONMATION AMC ASRED TO CONTACT THE OFFICE OF THE. to" #NO' DIRECTOR MY CALLING 41117 -SNI OR MY WRITING. REFER" TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD RSSISSS s[ REV, 12-1.6. THIS ISA COURTESY - NOTICE Franklin Alley Page 5 Of 6 Area map indicating subject properties and mailing area ,, IIl/11Jl s � �. IJ� ♦ c`' ��� 1 �t r- a rrw.e�t - I -r• r t p �r �> X'IAiwNC, AeEA APPLICANT: t I tiI 5T PAT (10 C �r 1TD M OWNER: IMAP REFERENCE: Compess AbAN,z�,oN DENT o1= At-l.e l �czle.lV �1OUn ,)ate ?ate. ,3,1, .1942 Orn ...... Chk.... CITY or MUTU MIAMI I PLANNING BOARD S,ePZ1nQ No.5,.6,+ r�l PB -92 -007 Franklin Alley Page 6 of 6 PB -92 -007 Applicant: City Administration Request: Abandonment of alley LEGAL MBCRXPlIO/ Or A PARCH Oe ME" 6.0 asst WnM, ADJAC=r TO MMC= 1 Tm000 WMM 8, IlQASIVE, AHD MMM It TRiMMa 9ONDTVISIQ. 1.ACOMD=6 TO TM rr wr TE W, As UMMOM II PL,T MM S it W-MM 34 01 THE PML= lHOMM OF MM COON". FLMML. � PA1rzcXMAWL MUNCraMM An pGUMM: E1621 LT, THi..300TaEST. COH� OF MOM 1, AS SHOD OH SLID NVAT ':OF FHiNULM rSUEDIVUM=3!: === EASTEDLY',AIA= MR 90Q2JMLY LIEF OF SAID SAQS 1 mw 3 AS � to 'm PLAr:.FM A' METH Ci OF 240.00 tilt TO TS AGUIML T m OF SAID DEC= 31 vzE 90UrMMMY uAM TM SOOMZRLY ElTMEEM OF TEE - EASTEMY LISE OI SLM BEA= 3 FM A . DISTAX= 'OF. E.0 V=r TO TEE HOKMMAHT O M SAID WAXZ 4f =HaCl. = IIA/8:.TM SLY Liif OI.;SLID WAX= 2 AM 4 AS sus CM MLID PLAT OF Vii* SOHDIVEMM POI A DLSTA� Z OF 240.00 FEET, TO THE HORldwEBr OOD� OF SaID EiAQ 2: T'HOCE EOR"=tS AIM= THi; JPGMl W iZYEHSIOS -u! 'lis: S L11i OE Sam SAQ 2 M . A', DXBWAMM OF E_00 FEET TO THE PDXIM OF E1GDHmG. TOGETE= WEM. BEG= AT TEE 9001� -. C� . OT HLOO[ 5. aS � .OT SAID PLAT OF tifdll 8®DIV±SIVT NAMMIM W AL0 T EOQlv=Ly LIFE CM M&M MLC= 5 A 7'AS:.SHOHf OH. T A!Cl�TIOH® PLAT ': !O! A D?SZU= OF 22D-00 . FE TO TM � COQHEi'.Or 'ZL= SACL .. 77 . lSACE - 90UMMMY IM= I = 80U"M lS OI. THE RUM LIEi .OF. ZLXD MA K 7, PM A DISTA1=CM 8.00 Fier- TO Ta . �oassAat CO OF SAID H[AQ; st THEDCE INZ82MMY .ALONG .:.THE::IOH URMY. LaE OF SLID.. BL =s a.. AM 6 AS SHOIt a: SAID. PLAT Or FRAIMMZ!'.. SOMOIVISIOf, FM A DX82LM E CM 220.00 .FEET TO. THi wooMMM ? COH7EE.O! SAID HtOM 61. TEOCE 70lTMLY ALCM WR HORTUMMY EZTEESIOH.OF THE WEST. LI= OF SAID HLOM 6, POD A DISTAB= OF a.00 FEET TO THE P0I3Ir OF (Franklin Alley, from 60th Avenue to 59th Court and approximately 65th Street) Mr. Ligammare read the request. Staff recommends approval. Chair deems the public hearing opened. Mrs. Catherine Griffian, 6501 SW 60th Avenue, signed in to speak for this request. There being no one else to speak for nor anyone to speak against the request, the public hearing was deemed closed. Mr. Eisenhart made a'motion to approve, seconded by Mr. Parr. Vote: Approved: 6 Opposed: 0 �0 ORDINANCE NO AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY COMMONLY KNOWN As 42ND STREET BIRD ROAD ALLEY AND r..F..r,ALLY nF:ar.RTAFn HFREIN14FLOw; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other 'place used for travel or any portion thereof., other than a state or federal highway, and to renuunccu and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the Administration has recommended the vacating of that alley commonly known as 42nd Street Bird Road Alley and legally described in the attached Exhibit "A ", as the said alley presently serves no public purpose to the City and will, upon its reversion to the adjacent property owners, constitute additional ad valorem tax revenues to the City; and WHEREAS, theref.ure, on July 28, 1992, a public hearing was set fux September 1, 1992 at 7.30 P.M. or as soon thereafter as may be heard and notice thereof was published in a auwepaper of general circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, the City Commission has now completed the public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the alley commonly known as 42nd Street Rird Road Alley and legally described in the attached Exhibit "A" within the City of South Miami be, and the same hereby is, abandoned, renounced, and disclaimed by the City of South Miami and shall, pursuant to the plat creating that alley, reverL Lo the ownership of the immediately adjacent: properties. Section.21 Notice of the adoption of this Ordinance by the Commission: shall be published one time, within 30 days following, its adoption, in one issue of a newspaper of general circulation published in Dade County. The proof of publication of notice of public hearing, the Ordinance as adopted, and the proof of publication of the notice of the adoption of such Ordinance shall be reccrdPd in the deed records of Dade County. Section: 3. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no wav affect the validity of the remaining portions of this Ordinance. Section.4._ All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section S. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of October, 1992. APPROVED: MAYOR ATTEST: READ AND APPROVED AS TO FORM: CITY ATTORNEY PB- 92 —OO8 e**03t4bjeer, 4� 2--oz PB -92 -008 Bird Road Alley Page l of 6 Page 1: COPY Of current survey PB -92 -008 Paqe 2: CODV of current survey LEG DESCRIPTION : F �r a s. r i `f B1 k 2, WESTERFLET:) F lar,i lying in a portion F MAN�_iR ION ONE AIND T�Orr' to the at thereof as �e�'. cording of the Fu i c Records i Da, ie C ,.,;,ty 1 r 1 orl i 18 Page 47 particular described as f 11ow�: B egin at the N thwest corn,_r of :_�, B1tick 2, as shc,wn on said Plat of STERF:ELD MAN) C?ION` ONE AND.'IWO; thence Southerly n rig he a :nc f Lot:, 11, 12, 13. 14 Block 2, as shown on he a emCntlonel Pla *, a distance of 225.35 feet to the Sou st- corr►er of said Lot 14. Block 2: thence Westerly alon-�' W�'ster.l line of said Lot 1 for r r' e ^t - nsiorj of the South of 15.0 feet to the Southeast corn'e `f Lit 15, Northerly al the Easter, f ''lj Bl ck 2. thence �f L,t 15 and 10, Block as shown o sold Plat WE : --r TWO, to distance of ��5.;4 fr ^ ""D M:',NOR SECTION ONE AND of s to _he N.)rtheast corr:er Lot 10; thence East, -rly .�i.,n he Easterly extension of e North line of sa i 3 L, t 1 • T �r a st.ince of 15.0 feet to the P,:,in't of Beginn.r;q AND LEGAL DESCRIPTION: For a stir Block 3, WESTERFIELD MANOR CECTi :and lying in a portion of the Plat thereof as recorded Irl ON ONE AND WO.. according to the Public Records of Dade i'ounty.aFl�r�da1B at Page 47, of Begin at the Northwest corner C L � ,t i. on said Plat of WESTERFIELD MANOR SECT.ONBONEkAND TWOshown thence Southerly along the West line o; Lots 11. 12, 13, 14 (Block 3 as shown on the af,.rementlone.j Plat for a distance of 220.0 feet to the Southw.•st corner Westerly along the Westerly extension said Lot 14; thence y 1 said Lot 14 for a distance _f 1U.0 fee, ftoh the gSoutheastVf corner of Lot 15 of said B1, =k 3. thence Northerly along the East line of said Lots 15 nn :l 10 or said on said Plat of WESTERF1ELD .'MANOR SECTIONBONEkAND TkO; for a distance of 220.0 feet tJ tf,:. Northeast corner of said Lot 10; thence Easterly alor -1 tr;e Easterly extension of the North line of said Lot �. 'Dr a distance or 10.0 feet to the Point of Beginning. Bird Road Alley Page 4 of 6 —.– . 1„n... PB -92 -008 Planning Board Advertisement for PB -92 -008 City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesdav, August 11, 1992, at 7:30 P.M. in the Commission Chambers, the Plannina Board of the City of South Miami p _ne to' : Ninq matter. viii conduct � Public" dear:nq on Cn Tuesoa ✓, September 392., at I M P r mmissio hamrers :tv ^om scion of *_ne ct ,_:.tn Miami ail _ the following matters: nduct ic. ;r o PB -92 -008 Applicant: City Administration Request: ADanuonment of alley RrrvT � n Rl.vv n .rrT r� rxr cnrxT r,r r»xr »w ry ,I.w. rRr r, <rFFly rrrr »s rn» »r,Pr ». Apr »r �� �. rn r„r � r., Rrrn,T , n, a •- .r n rn .',Trrwrnr I'l IT rR5 vnI FT rn»»r. »n r,..rr I. rnrrr YOU ARE HERESY ADVISED TWAT IF ANY PERSON .DESIRES. TO APPEAL ANY OECISION MADE Wf TH RESPECT TO ANY MATTER CONSIDERED. AT THIS MEETING OR HEARING* SUCH PERSON WILL NEED A RECORD OF THE PROC[EDINGII AND FOR SUCH PURPOSE -AV NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO. CEEOINOS.IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F. S. 244.0109) PUBLIC HEARING .WILL. BE HELD IN THE COMMISB10N CHAMBERS AT THE CITY HALL, 4120 SUNSET DRIVE / aOVTM MIAMI. F.LORIDIy AT THE TIME AND' DATE STATED ABOVE. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OSJECTIONBOR EXPRESS, DNS OF APPROVAL MAY SE MAD[ IN PERSON AT THE NSARING OR FILED IN WRITING PRIOR TO OR AT THE WEARING.. THE BOARD RESERVES THE RIGHT TO RECOMMEND TO THE CITY. COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THE AREA INVOLVED. THE BOARD'S. RCCONIMENDATION ON THIS MATTER WILL SE HEARD BY THE CITY COMMISSION AT A FUTURE. DATE. INTERESTED RARTI[S REQUESTING INFORMATION. AR[ ASKED TO CONTACT THE .OFFICE OF THE ZONING DIRECTOR. BY CAL61HO N7 -$"# OR 7Y WRITING. REFER TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD P114#44w7 OZ REV. 12 -5-41 THIS IS A COURTESY NOTICE Bird Road Alley Page .5 of 6 Area map indicating subject properties and mailing area tOAD- n n s r` i 4 �{ Qom_. HA(wg6 AREA 4// - APPLICANT: Ol A M (�✓ �ST �p.T� Oni OWNER- MAP REFERENCE: �(ZA D�A. Como?$ rt`TNTc IS ) ��Wn O ALL:e scale Dace . �V4 .'�I. ,i ►°f Z. Orn ...... Chk...-- CITY MUTU AMAMI -- PLANNING 50ARD f ?e ?rinc %c. GQ6. PB -92 -008 Bird Road Alley Page 6 of 6 PLAN SO= li Al -FMM 47, OF "M P="C NMWS .OP' DAVE COMM, PIA MLA. S PAMMC NAWX DEMCiZSID AS POLLOSS: RUMN AT SSE 900 s CO OF ZA'l 11. SEX= 3. AS SS CM SIM PEAT O! 7R8RAMMID 8OLTIGO Ct6 1m T1OT RSSQ DOUMMUS Alma ' U=" L=Z 0! I"= -LI, 12. 13,: 14. =am 1. AS S Ct T SO PLAT. nW 1 DXSTAMst' . or 220.0. PSET Ta mm SOO:sesr : CoosQ' OF silD ' IOl 1.4y . 3'fgCt::. ae MMLM •iAG TS6 ■RBTSlLT 1==Um or "M SOQa` LMM or 9WM LIM 14 PQ' a DL¢Ti1Ci Or 10.0- "S TO -..1 W 20021misl :�': or IOS 1s or NAM BED= 3T.: TSB MEMBI LT ALMIS MM RUM LX= OP S&= KATS.:.15 3 ®.10. Q SLID FAQ 3.. AIN � M SUM Pta2 Or WROMMMID X105 � 4E ,_ -A -TSD, PQ .. a- D1XU1 - OP `220_0:. 7S To T ' OM =&ff ' or SiM UN 3O. T ®Ci RL22M LT -.aM= UM NAMMMS' =l == or Tsss- SRT<�,LTa or "Mff"r ".:.VM A D= n1 CW 10.0 Pa! i0 Mr. Parr, read the request. This alley runs parallel with 57th Avenue about 1/2 block west of 57th Avenue between Bird Road and 42nd Street. Staff recommends approval. Chairman Gutierrez read into the record a letter from Anthony F. Bellomio, D.D.S.,' 4040A Red Road in opposition to this request saying that property taxes will be increased which will, in turn, increase his rent. Also, that these alleyways give public access to customers who enter the building through the rear entrance. Mary L. Matthews and her sister, Elsie Jacobs each wrote letters opposing this - request due to the heavy pedestrian and vehicular traffic. Public hearing opened with Mr. Robert Hendrix, Attorney signing in to represent Ms. Jacobs and Ms Matthews. Mr. Hendrix asked Staff if there was any other access to these ,properties. Mr. Mackey replied that there is access from three other sides of the property.' Mr. Hendrix said that this building was built in 1945 and the alley has been used to service since that time. He stated that this action will create problems between neighbors in at this site. In answer to Mr. Ligammare's question regarding the responsibility of the septic tanks located under this alley, it was determined that those property own'' ers are responsibile for them. Mr. Mackey reports that this is platted as a public thoroughfare which is basically a private 411ey in use by a private property ',owner. Mr. Hendrix disagrees with this. Mr. Ligammare noted that he has observed traffic' problems when delivery trucks block the, alley. Ms. Wright asked Mr. Hendrix what the change would be if this alleyway were to be abandoned. Mr. Hendrix replied that it would no longer be a platted ,alley. and that each property owner could make use 'up to his new property line thus blocking the alleyway. At the time this property was purchased and developed, it was done so with this alley in place- and with the expectation of it remaining that way. The law provides for easements or rights of access between adjoining property owners. This property has been used as an alley,' an access, for over 20 years. There is a question about who has property rights there. If this abandonment is accomplished, it puts the rights of the property owners in question with the possibility of an appeal to the circuit courts to determine exactly what the property rights of owners area PB Minutes t 4 08 -11 -92 Mr. Oscar Rangel, representing Maria Sanchez of 4222 SW 51st Ave, signed in and expressed her approval of the abandonment. Attorney David Donet signed in representing the 79th Street Corp. speaking against the abandonment of this alleyway due to the danger created by vehicles servicing the businesses from the street. Tenant leases include the requirement that service is rendered from the rear. He also commented on the large amount of public use of that alleyway. He believes that Florida law requires that the convenience, safety and desire of the public in matters such as these be considered. Mr. Donet questioned the legality of closing this alleyway if the property owner, 50 years ago, was given an "inherent right" to put septic tanks in at that time. Mr. Eisenhart suggested that the neighboring property owners add a deed restriction to the respective properties. However, Mr. Hendrix felt that the property owners should not have to go to court to accomplish this when this is the way that it was platted. This is the way it was when the previous owner bought it and it remained this way when the present owner obtained it. Why should the City of South Miami put these owners in the position of going to their neighbor to work out legal agreements. There being no one else to speak either for or against this request, the public hearing was deemed closed and executive session in order. Mr. Parr .asked if splitting the request in two and addressing the alleyway north of 41st Street separately from the one South was possible, or if the request should be deferred. Mr. Mackey advised that the Board is empowered' to make a motion to recommend approval, recommend denial or recommend approval with conditions which :should be in the form of a' recommendation. Such conditions are not binding on the applicant, nor do they prevent the applicant from continuing to the City Commission. Mr. Lefley stated that the portion of the Dade County code relating to platting is clear that the vocation of any alley or street must be joined in by all the adjacent property owners, particularly in cases where constructive use is over along period of time. Such is the case here. Mr. Lefley believes that this item is improperly brought lby the City without securing the approval or'the.waiver of the property owners. Also, if Mr. Pam's request is honored, then this request has been improperly advertised. Ms. Wright feels that Staff has not informed the Board or may not have been informed by City Administration of complete information regarding this request. Thus, the Board is not able to do their job in this instance because it does involve both residential and commercial properties: Mr. Mackey stated that no matter what use is being made of this PB Minutes 08 -11 -92 5 7 alleyway, it remains "a public thoroughfare that is basically made only for private use ". Mr. Parr, with regard to PB -92 -008, made a motion to approve the request pertaining to the alley from 41st Street to 42nd Street which runs to the west and parallel to SW 57th Avenue, excluding the portion from 41st Street to Bird Road. Seconded by Ms. Wright. Vote: Approved: 5 Opposed: 1 (Eisenhart) PB- 92 -00a Applicant: City Administration Request: Abandonment of alley IMUL DMCEI*VZM, ! 1 sea ar Ll L=m = A VCWMM Or MOM 2. NZWOMMM Ml XRCr=1 C t MW VM, ICOMMM 20' PUN Sfa20r JW asomm a PLW m 3M A Pls: &t or : *M= E2a0•D6 or D COS!!!, FWN=L. n 'MaTrCMAMIr n as FCUA t:.eD6a.:.is Sa'� covet or 2 f 11. MWM 2. AS � Of aam rLLT Or � sly =C � '%�V � ; � ARCM -s S LZ Or LOSS u, 12, 13, 14, BLOM 2. AS s = 5 PLAT. a MIMMCS Or 225.35 :lSES TQ "SSS CD or SaID LOS 14, . BLOC! 2f 'SSESOE' ai� :'! � -Ell 0• CIF S0D'li. LnM Or SLYD U iD 14,E POt 1 D7a�1 CW 15.0 PEES TO 4SSE 80020 sS . C� I Cr Ltil 15. C r ZLM =X= 27 ,SSSlC!` ' y >UM WE . ZARrA Ll. LX= Cr LOS 13 sm ",'ELOM 2 AS S Q RA= PLAN at gZgV=pXz= M MUC"M I� 3 2WO, PM .L D2STA10E O! 225.34 ! To sa C=== CIF gMM Kar loy. WM= Z &g=My °..4[aG.i'a...=SSaL:'.=%== i C!'18=.a== LI= Or SLID WE 10 Pot A Uzonu i or 15_0 P To � VCZZ o!. SSS F LID, L2i' L MMMMM •i : POS: a. ME" Or Ll IXXWG a A POMMM OP WX= 3, wffilaTlE;a Ra1o! SSClioE CS=`AID 2"D. AOOOmaG'To SSE PLis S w 1S EEOOSUSD Z: PB Minutes 08 -11 -92 3 ORDINANCE N0. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT ALLEY COMMONLY KNOWN AS 63RD TERRACE ALLEY AND LEGALLY DESCRIBED HFRE'?NBEhOW; PROVIDING FOR SEVERABI;LITY; PROVIDING FOR ORDINANCES IN CONFLICT'; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other place used fox travel or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and the public in and to any land in connection therewith; and WHEREAS, the Administration has recommended the vacating of that alley commonly known as 63rd Terrace Alley and legally described in the attached Exhibit "A ", as the said d1ley presently serves no public purpose to the ('1ty and will, upon its reversion to the adjacent property owners, constitute additional ad valorem tax revenues to the City; and WHEREAS, therefore, on July 28, 1992, a public hearing was set for September 1, 1992 at 7 :30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newspaper of general circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, the City Commission has now completed the public hearinq; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1._ That the alley commonly known as 63rd Terrace Alley and legally described in the attached Exhibit "All within the City of South Miami be, and the same hereby is, abandoned, renounced, and disclaimed by the City of; South `Miami and shall, pursuant to the plat creating that alley, revert to the ownership of the Ismediately adjacent properties. Sect ion..:? - Notice of the adoption of this Ordinance by the n 3Q .da ^f�rllowing dE its adoption, in one issue of a newspaper of general circulation published in Dade County. The proof of publication of notice of public hearing, the Ordinance as adopted, and the proof of Publication of the notice of the adoption of such Ordinance shall be recorded in the deed records of Dade County, Section 3. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no wav affect the val9dity of the remaining portions of this Ordinance. Section 4., All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of October, 1992. APPROVED: MAYOR ATTEST: c1 Tr ei,ERK READ AND APPROVED AS To FORM: CITY ATTORNEY PB--92 -009 Applicant: Request: :PB -92 -000 City Administration Abandonment of Alley Staff Report for PB -92 -009 ANALYSIS The City Administration wishes to close the alley that is designated as 53`6 Terrace on the Atlas Map. This public right -of -way does not serve as a regular public thoroughfare The property will revert to private ownership. RECOMMENDATION Staff recommends approval of Administration's request. to y rV • S!'�'. .0 1 c� � �• 1 N. /ice \ \ G1 ^• v1 Z 4 S y * ,-3 , ig �j 3 sw �3 Tee ' tfj �4 h - - 5T. It � �; � y � rS ! • ! Q �i I` t t� 7 ?'� � � � Vin• "� ♦ j • G PB -92 -009 63"' Terrace Alley° P b OW 041n STREET saoaoa�r ter, tr Page 1: Copy of current survey u ICI ST Sri 1% J0' � Irtt of CoNenet i W— corner SEi /1. S11 /4, SNi /4, NM! /1, Seaton 25 -51 -40 I'S3'S2'E 125.29' I I •� ITV 125.29' I ►a z 1, a .e in 1 1 L� 1 1 SE. cam SETA SNIA SNI /r, WIA SEctlen 25 -5h40 LEGAL OESCRIPTION: A PORTION OF S.W. 63rd TERRACE AS SHOWN ON THE PLAT OF AURORA GARDENS, ACCORDING ^TC THE PLAT THEREOF AS RECORDED 1N PLAT BOCK 69 AT PAGE 9 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORTDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMKENCE AT THE NORTHEAST CORNER OF THE SE 1/4 OF THE SW 1/4 OF THE SW 1/4 OF THE NW 1/4, OF SECTION 25, TOWNSHIP 54 SOUTH, RANGE '40 EAST, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS SHOWN ON SAID PLAT OF AURORA GARDENS; ALSO BEING THE POINT OF INTERSECTION OF THE CENTERLINE OF S.W. 63rd TERRACE AND THE CENTERLINE OF S.W. 65th AVENUE; THENCE NORTH 89 DEGREES 53 MINUTES 52 SECONDS WEST ALONG ' THE CENTERLINE OF SAID -63rd TERRACE FOR A DISTANCE OF 25.0 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 89 "DEGREES 52 MINUTES '2 SECONDS WEST ALONG THE LAST DESCRIBED COURSE FOR A DISTANCE Cr 125.30 FEET: THENCE SOUTH C DEGREES 18 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 25-r- FEET TO THE NORTHWEST CORNER OF LOT 1 AS SHOWN ON ` SAIr' PLAT AURORA GARDENS: THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 25.3 FEET SOUTH OF AS MEASURED AT RIGHT ANGLE TO 7HE CENTERLINE OF S.W. 63rd TERRACE FOR A DISTANCE OF 125.30 FEET: LAST MENTIONED COURSE BEING COINCIDENT WITH THE NORTH LINE OF SAID LOT; 1: THENCE NORTH 00 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, FOR A DISTANCE OF '25.0 FEET TO THE POINT OF .BEGINNING. 63" Terrace Alley Planning Board Advertisement for PB -92 -009 On Tuesdav, Auqust 11, 1992, at 7 :30 P.M. in the Commission Chambers, :ne Planning Board of the City of South Miami will conduct a Public Hearina on the following matter. On Tuesday, September 1, :292, at 7 :30 P.M. in the Commission Chambers, -he City Commission of the Cit✓ cf South Miami will conduct_ a = -Iblic ear.ra or. the following matters: PB- 92 -009 Applicant: City Administration Request: Abandonment of alley LEGAL DESCRIPTION: A PCRTICN OF S.W. 63rd TERRACE AS SHOWN ON THE PLAT OF AURORA GARDENS, ACCORDING TC THE PLAT THEREOF AS RECORDED -N PLAT 2OCK 69 AT PAGE 9 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SE 1/4 OF THE SW 1/4 OF THE SW 1/4 OF THE NW 1/4, OF SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS SHOWN ON SAID PLAT OF AURORA GARDENS, ALSO BEING THE POINT OF INTERSECTION OF THE CENTERLINE OF S.W. 63rd TERRACE AND THE CENTERLINE OF S.W. 65th AVENUE: THENCE NORTH 89 DEGREES 53 MINUTES 52 SECONDS WEST ALONG THE CENTERLINE OF SAID 63rd TERRACE FOR A DISTANCE OF 25.0 FEET TO THE POINT OF BEGINNING : THENCE CONTINUE NORTH 89 DEGREES 53 MINUTES :2 SECONDS WEST ALONG THE LAST DESCRIBED COURSE FOR A DISTANCE OF 125.30 F'ET: THENCE SOUTH C DEGREES 18 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 25.0 FEET TO THE NORTHWEST CORNER OF LOT 1, AS SHOWN ON SAI- PLAT CF AURORA GARDENS; THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS EAST, ALONG A. LINE PARALLEL WITH AND 25.0 FEET SOUTH OF AS MEASURED AT RIGHT ANGLE TO THE CENTERLINE OF S.W. 63rd TERRACE FOR A DISTANCE OF 125.30 FEET; LAST MENTIONED COURSE BEING COINCIDENT WITH THE NORTH LINE OF SAID LOT 1: THENCE NORTH 00 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, FOR A DISTANCE OF 25.0 FEET 'TO'THE POINT OF BEGINNING. YOU ARC MERCSY ADVISED THAT IF ANY PERSON DESIRE* TO APPEAL ANY OECISION .MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR. NEARING. SUCH PERSON WILL NEED A RECORD Or THE PROCEEOINGE, AND fOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERSATIM RECORD OF THE PRO- CEEDINGS If MA0E1 WHICH RECORD INCLUDES THE TESTIMONY AMC CVICENCE UPON WHICH THE APICAL IS TO BE $ ^SEC. (11, S. 294. 0109) PUSLIC MEARINO WILL SE HSLD IN THE COMMISStON CHAMSERS AT THE CITY MALL/. $170 SUMSET ORIVC/ SOUTH MIAMI. FLORIOAI AT TNC TOMS AMC CATE STATED ASOVS. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EzPRESB10Nf OF APPROVAL MAY SE MADE IN 09060" AT THE "CARING OR FILED IN WRITING ORION TO OR AT THE MCARtMO. THE BDAMO RESERVES THE RIGHT TO RECOMMCND TO THE CITY COMMISSION 101NATEVCR TME' SOAPO. CONSIDERS IM TMC ECET INTEREST FOR THE AREA. INVOLVE*. THU 11OA41OI6 . 1119COMMC7gATiON ON THIS MATTER.: WILL BC 'HEARD CV THE CITY COMMISSIOM AT A FUTURE GATE. INTEREOTGO PAATIEG.REGUSSTING IMFORMATIOM ARC ^ONCO.To CONTACT THU. DFFICE OF THE z0NNY0 011ieCTon BY .CALLING. on-me DR BY- wasTiNG. REFER TO HEARING NUMBER. WHEN MAKING INQUIRY. PLANNING BOARD City of South Mtami PLANNING BOARD arc 7ERRACE NOTICE OF PUBLIC HEARING On Tuesdav, Auqust 11, 1992, at 7 :30 P.M. in the Commission Chambers, :ne Planning Board of the City of South Miami will conduct a Public Hearina on the following matter. On Tuesday, September 1, :292, at 7 :30 P.M. in the Commission Chambers, -he City Commission of the Cit✓ cf South Miami will conduct_ a = -Iblic ear.ra or. the following matters: PB- 92 -009 Applicant: City Administration Request: Abandonment of alley LEGAL DESCRIPTION: A PCRTICN OF S.W. 63rd TERRACE AS SHOWN ON THE PLAT OF AURORA GARDENS, ACCORDING TC THE PLAT THEREOF AS RECORDED -N PLAT 2OCK 69 AT PAGE 9 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SE 1/4 OF THE SW 1/4 OF THE SW 1/4 OF THE NW 1/4, OF SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 EAST, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS SHOWN ON SAID PLAT OF AURORA GARDENS, ALSO BEING THE POINT OF INTERSECTION OF THE CENTERLINE OF S.W. 63rd TERRACE AND THE CENTERLINE OF S.W. 65th AVENUE: THENCE NORTH 89 DEGREES 53 MINUTES 52 SECONDS WEST ALONG THE CENTERLINE OF SAID 63rd TERRACE FOR A DISTANCE OF 25.0 FEET TO THE POINT OF BEGINNING : THENCE CONTINUE NORTH 89 DEGREES 53 MINUTES :2 SECONDS WEST ALONG THE LAST DESCRIBED COURSE FOR A DISTANCE OF 125.30 F'ET: THENCE SOUTH C DEGREES 18 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 25.0 FEET TO THE NORTHWEST CORNER OF LOT 1, AS SHOWN ON SAI- PLAT CF AURORA GARDENS; THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS EAST, ALONG A. LINE PARALLEL WITH AND 25.0 FEET SOUTH OF AS MEASURED AT RIGHT ANGLE TO THE CENTERLINE OF S.W. 63rd TERRACE FOR A DISTANCE OF 125.30 FEET; LAST MENTIONED COURSE BEING COINCIDENT WITH THE NORTH LINE OF SAID LOT 1: THENCE NORTH 00 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1, FOR A DISTANCE OF 25.0 FEET 'TO'THE POINT OF BEGINNING. YOU ARC MERCSY ADVISED THAT IF ANY PERSON DESIRE* TO APPEAL ANY OECISION .MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR. NEARING. SUCH PERSON WILL NEED A RECORD Or THE PROCEEOINGE, AND fOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERSATIM RECORD OF THE PRO- CEEDINGS If MA0E1 WHICH RECORD INCLUDES THE TESTIMONY AMC CVICENCE UPON WHICH THE APICAL IS TO BE $ ^SEC. (11, S. 294. 0109) PUSLIC MEARINO WILL SE HSLD IN THE COMMISStON CHAMSERS AT THE CITY MALL/. $170 SUMSET ORIVC/ SOUTH MIAMI. FLORIOAI AT TNC TOMS AMC CATE STATED ASOVS. ALL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EzPRESB10Nf OF APPROVAL MAY SE MADE IN 09060" AT THE "CARING OR FILED IN WRITING ORION TO OR AT THE MCARtMO. THE BDAMO RESERVES THE RIGHT TO RECOMMCND TO THE CITY COMMISSION 101NATEVCR TME' SOAPO. CONSIDERS IM TMC ECET INTEREST FOR THE AREA. INVOLVE*. THU 11OA41OI6 . 1119COMMC7gATiON ON THIS MATTER.: WILL BC 'HEARD CV THE CITY COMMISSIOM AT A FUTURE GATE. INTEREOTGO PAATIEG.REGUSSTING IMFORMATIOM ARC ^ONCO.To CONTACT THU. DFFICE OF THE z0NNY0 011ieCTon BY .CALLING. on-me DR BY- wasTiNG. REFER TO HEARING NUMBER. WHEN MAKING INQUIRY. PLANNING BOARD i PB -92 -009 Area map indicating subject properties and mailing area \ � I • �� —YO ��•�.1• 'o� a I,i� `143 � ; '� � �' •� rq .J: , ' ■•c r . •c„ , '--qua . 1 po. � 5 ----� r° >_• I6 ICJ. � +'� � ���, T ■• •�� ■ G, �. r. •C• " Y. X37. 3 t. , e j y '1• , < \ I r t. �•: iia :.I Z r' rd , t — V .--- �• F: MAIww U AReA APPLICAS'r: 1 V t 5T OWNER- 1LAT r v nJ `WP REFERENCE: lo3RD TtrRR� ,`r Comores �LL.F— 3ce le / }). S'1�...■.. CITY ow SOUTU WAM1 PLANNING 50AR Orn ...... ChK..... Perrinc -• �� 63' Terrace, Alley PB -92 -00'9 Applicant: City Administration Request: Abandonment of alley LAGaL DX0=rPr3Qs A PORT20W Or S.W. 63 Tm Dw As lZ=OMM = PLAT MW -69 u DmCR� AS rGLL0NS: CCIIM0PQ= AT TS 1 Or SDLTLOD 25, TONNSE" 54 900M.. ItaNG= PLAT OF AMMA G Sr MAD EmO '!>D CE/T�- 0r S.W. 65th AVMit... %NMM .. 63rd TMV.3C= ZQ A DIS MM OF 25.0 FM 52 SECOSD6 ■NST ALOM T= LAST DE3i3LXBff 50 'SLCOUD6 WEST PCR A DXMANC=. O!..25.0 r TMM= SW= 89 DBORMS;r53 Im As IML802M >i amcm AWMA TO "M CzW" cot== SEXWG . COaCID=Wr Urm "M >tO4T= AUMG "M 004TWII.! NIRSSSO= Or T= HWGI>QDG. ELM= as Z 0 Q TM PLAT Or ABWRA:6A=Da6. ACOMDr=6 TO T== PLAT 9 or T= POELIC E=OORDe Or DAD= COO!!Y, 11QRIDa, Pomx PA=TICOLARLv ASr CQ or TS:: zz 1/4.01 2= SW 1/4 Or TS =...SN 1 /4'O! =3 R 1 /4. AT. or "M VOW= D900Dffi Or Dun COOWTl. rLCRIDa. AS S Q Sam R Or 1"EMdUMME or -iIQ 'iZ09B6IM 0r S.W. 63zd T=Rh = AID 2= " DEMMUS 53 KXWVZS S2: 9DClM6 WEST, ALONG TIM C arrISM11•E Or SAID nm POal OW r INS== CGW%X= NORTL,;i9 D .ltaS 53 1330M=S ISR MR A DISTAWC='Or 125.30 FWMi TUMUC= SOOTE 0 DBGi IS NIZUrES TO TES UCNMMW=ST CD OF UYr 1, AS SN CW SAID PL&I OV AODO=A 52 SEC®B =ASS.. AIMM A LZER PADALLZL WITH AND 25.0 rEEr MOM OF Ce S.W. 63rd TM12AC= YM A DZSlANO= OV 125.30 rZWrr -LAST IRDrIO=ID CP. SAID LOT I- TO30K E . SK RM 00 DUMMS 19 13370'PE3 OS SUMEMS- EAST LID! CW Z& XD 7O9 1, FOR A DZSTA= = Or 25.0 r=='r TO TS Pb>Zr Or Mr. Lefley read the request. (SW 63 Terr immediately west of SW 65 Ave). This is the single alleyway where all the property will revert to the property owner of lot` 1 in the plat. Staff recommends approval. Chair opened the public hearing. There being no one to speak either for against this request, public hearing closed. Mr. Eisenhart made a motion to approve. Seconded by Mr. Parr. Voter g Approved 6 Opposed: 0 It ORDINANCE NO._ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ABANDONING THAT RIGHT OF WAY COMMONLY KNOWN AS SEA VIEW CANAL RIGHT OF WAY AND LEGALLY DESCRIBED HEREINBRLOW; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission has the power to vacate, abandon, discontinue and close an existing public or private street, alley -way, road, highway or other place used for travel or any portion thereof, other than a state or federal highway, and to renounce and disclaim any right of the City and the public In and to any land in connection therewith; and WHEREAS, the Administration has recommended_ the vacating of that right of way commonly known as Sea View Canal Right of Way and legally described in the attached Exhibit "A ", as the said right of way presently serves no public purpose to the City and will, upon its reversion to the adjacent property owners, constitute additional a8 valorem tax revenues to the City; and WHEREAS, therefore, on J"Iy 28, 1992? a public hearing was set for September 1, 1992 at 7:30 P.M. or as soon thereafter as may be heard and notice thereof was published in a newspaper of general circulation in Dade County at least two weeks prior to the date stated therein for such hearing; and WHEREAS, the City Commission has now completed the public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section_.1_,.. That the right of way commonly known as Sea View Canal Right of Way and legally described in the attached Exhibit "A" within the City of South Miami be, and the same hereby is, abandoned, renounced, and disclaimed by the City of South Miami and shall, pursuant to the plat creating that right of way, revert to the ownership of the immediately ad_facent properties. Secti.o?n. _Z,. Notice of the adoption- of this Ordinance by the Commission shall- be published one time, within 30 days following h its adoption, in one issue of a newspaper of general cirrulation published in Dade County. The proof of publication of notice of public hearing, the ordinance as adopted, and the proof of publication of the notice of the adoption of such Ordinance shall be recorded in the deed records of Dade 'County. Section 3. If any section, clause, sentence, or phra5a of this Ordinance is held to be invalid or unconstitutional by any court of compftent jurisdiction, then said holding shall in no way affect: the validity of the remaining portions of this Ordinance. Section 4. All Ordinancuo ur parts of Ordinances in conflict herewith be and the same are hereby repealed. 3ection.5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this —th day of October, 2.992. ATTEST: CITY CI.F:RK READ AND APPROVED AS TO FORM: CITY ATTORNEY r APPROVED: MAYOR 2 2 PB- -92 -ol i'm Applicant: Request: ANALYSIS IP13 92 -011 City Administration Abandonment of Alley Staff Report for PB -92 -011 The City Administration wishes to close the alley. that is located behind private homes along 87" Street. The widening -of the Snapper Creek Canal has decreased the width of this right -of -way to- little more than ten feet between the water's edge and the rear property lines of these homes. This public right -of -way does not serve as a regular public thoroughfare The property will revert to private ownership. RECOMMENDATION Staff recommends approval of Administration's request. ST _SYY B_5 "' C a Zj�. S n, 86'• r a d Z 5w B7 3 � J �. KE DA G OV - -� C,eCF,� -- Ir ES TE 2 -�-. - -..._ fG 3 S:M4 �GR v S S 4JA - 1.w. 88 ST. 61VDALL 15 R/VE 17v de Counry PB -92 -011 �I i L.— DANTE FASCEL L PARK 5' Gvri�c Sec Page ,2 of 6 Ilge 1: COPY Of current survey . 71 C T do -1 j Z2! rTr ZT ti 37! CID G�� C ZT G�� Page 2: Copy of current survey LEGAL 12DEBRINDEO Land, Block A Par'Cel of PLAT thereof as recorded VIEi�F K 10 het wide adlacant to eCOrded Plat Recl�tof dadb Lounty, Florid �7 at 80^poTo the plat Particularl the Public Y d�ribpd az Begin at the 8outhwesterlY c said Plat of AMENDED PLAT OF � t� said Block -12 617.36 the OF ' as shoe; on East ins t 1 Thgnc. a Sou ther t Y along Of said B1 ck � t2 a a80utl�s" l y Of •aid Block 12 the 80Ytl�ly extension .1 of Point on the Norttwasterl � fora dist �nsson of the �i1 ;Thence Y Rights -of anc� of 10.11 feet to a. Line of 8na r cr -mute an alone the. '*&Y Line of 8napp�. Crook Pper Creek �tbrasterl last mentioned sour being ,for a distance Y Right-of �y eeawrsd at rights s• being P for lei- i With Of 617.36 �det said 12iTh■nc• Northerl "'a to the Southfas and 10 feat South of as of ^�ginnind BI�kY12.ofor� d� tl�rly e�enson of�t� id Block 9 tance of 10.11 feet to Masterly the ibis t PB -92 -011 Sea View Canal Right -of -way Page > 4 of 6 Planning Board Advertisement for PB -92 -011 City of South Miami -` PLANNING BOARD SEA VIEW NOTICE -0F PUBLIC HEARING On Tuesday, Auguat 11, 1992, at 7:30 P.M. in the Commission Chambers,. the Planning Board of the City of South Miami will conduct a Public Hearing on the following matter. On Tuesday, September 1, 1992, at 7:30 P.M. in the Commission Chambers, the City Commission of the City of South Miami-will conduct a Public Hearing on the following matters: PB -92 -011 Applicant: City Administration Request: Abandonment of alley LEGAL DESCRIPTION: A PARCEL OF LAND 10 FEET WIDE ADJACENT TO BLOCK 12, AMENDED PLAT OF SEA VIEW PARK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 17 AT PAGE 80 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWESTERLY CORNER OF SAID BLOCK 12,-AS SHOWN ON SAID PLAT OF AMENDED PLAT OF SEA VIEW PARK; THENCE SOUTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID BLOCK 12 FOR A DISTANCE OF 617.36 FEET; THENCE SOUTHERLY ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK 12, FOR A DISTANCE OF 10.11 FEET TO A POINT ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SNAPPER CREEK CANAL; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SNAPPER CREEK CANAL FOR A DISTANCE OF 617.36 FEET, SAID LAST MENTIONED COURSE BEING PARALLEL WITH AND 10 FEET SOUTH OF AS MEASURED AT RIGHTS ANGLE TO THE SOUTHEASTERLY LINE OF SAID BLOCK 12; THENCE NORTHERLY ALONG THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID BLOCK 12, FORA DISTANCE OF 10.11 FEET TO THE POINT OF BEGINNING. YOU ARE.NERSaY ADVISED THAT IF ANY PERSON 0E0INSO TO APPSAL ANY OSCISION. MACE WITH R<IPCCT TO ANY MATTER CONSIDSRSD AT THIS MEETING OR "CAMINO, SUCH PERSON WIt-L NSED A PSCORO OF TNS PROCSSOINOS. AND ►OR SUC4 PURPOSS MAY NEEO TO SNSURS THAT A VEROATIM RECORD OF THE PRO - CESDINOS 10 MADE/ WHICH RSCORD INCLUDES THC TESTIMONY AND EVIOSNCE UPON WHICH THS APP9A4 IS TO we SAOSO. OP. O. 1060100) PUKIC NOARINa WILI ti Net.O IN THE COMMISSION CNAMaERa AT THE CITY HALL/ 0110 su"1119T ORIVE/ SOUTN MIAMI, FLDRIOA. AT THE TIME AND DATE STATEDAOOVE. ALL INTSRESTED PARTISS ARE uROSD TO ATTLND. OOJOCTIONS OR ERPRSassoNs OF APPROVAL MAY an MAO[ IN PEROON AT THU N[ARINS OR FILEO'. IN WRITING PRIOR TO DO AT TWO MEARtNO. THE OOARO RSSERVES THS RIGHT TO ROCOMMCNO TO THU CITY.COMMISOICN WHATEVER THE BOARD CONSIOERSL IN THE &BUT INTEREST. FOR TAE AREA INVO6VE0. THS OOAIIO'a ROCONI IENOATON ON. TH /a MATTER WILL as NOAwo OY THE CITY COMMISetON AT A FUTURE DATE.. 1NTERSST90 PARTIES MCOUESTINO INFOOMATION ABC ASREO TO CONTACT THE OFFICE OP THE zowsNa otw:oTow BY oALLINO "7-wl on By wwITINa.- .' REFER -TO HEARING NUMBER WHEN MAKING INQUIRY." PLANNING BOARD P611106-7 as Rev. tall-411 THIS 19 A COURTESY NOTICE Sea view Canal Right -of -way Page. 5 of 6 Area map indicating subject properties and mailing area r• rT Ie '•,. -x * ^! .--w• IV yl ,p w III_ �_ _ °���br �.'�i fi�� "�. r- 3' •.".��.. �...��.1 Ciro tr oft Jn - -� t OAN7f s q„ FASck 'tom' e.e �z• PARK I -- -- .ray r 1� CP[[,t._`� 'rr JIr JA .r1 •„ APPLICANT: 6T� A -P,410 I S T R A"T r o N OWNER: MAP REFERENCE: SEW v IEw CQ ? °_4rtVTS: n AF3A�+DoN�ENT of A LG>< CITY or SOUTV MIAMI o- PLANNING bOAaD COmpaae scale A5.S.ko!n Date.'Ju�y 31 jggZ Drn ...... Chk..... Rearinc ,c. 11 P B— 9 2 — 0 1 1 Applicant: City Administration Request: Abandonment of alley IJML DRSCO33M /: A pAROM Of. LAM 10 F=r WME 1DJACal. TO MOM 12, A> ®Ea PLAT. Or 8" VT= PANK, •oaoRDZSc TO THE MAT'.. TK�W AS RDOOM20 IN PLAT HODS 17 AT PAGE'sO.OF THE - PUBLIC RZO3R O! 'DADS COLRTY.: tLORIDL. MRE PAETICGXAW!' DZSCRIHED As YOLIO": BEG17 AT 'lE6r SOO'�y COE or amm BLJOM 12, As � =..OS: Sam PLAT OF AN®EO'.PLAT OF SEA WM PARK: TV== SOOTHEAST�W ALOEG.: THE SOUTHEASTERLY XMM OF SArD BLA3= .sZ FOR A DT .>_B= OF 619_36 F=Yr TBMKM ZOUTZ UX ALMG THE 9OOTREitY E2TE•SIOf OF T EA" L=X :Ol: SAID BLOCS 12, FOR A DI MICE or 10.11. FMIT To A POaT ON Tim nownZharn .Y RIQT- OP-#AY L33M OI =krpm Cam. C'a ULI THERCE. S -AiORG T =- EORTHEASTffix RIQl-0I -Ray Lnm or sixp a CREW CmaL -!O! A DIST1m m or 617.36. rmm, SAID LAST NZVTXO= -. COURSE SUMO rPAVAL.LZL C[ITB. MW 10. P=r 9OMM OF AS -R6AS0 AT RIGHTS ASE TO THE SOOT�ASTERLY L33M O! SAID ELOCE 12s '.THERCi NURTEMINS' Aiaf TM BOVlEMMLY MITE\SIOE OP T= ORSTEELY LX= OF SAID BW= 12, FOR A DLSTAECE OF 10.11 FZ" TO "M P033M Or`° - Mr. Eisenhart read the request. Mr. Mackey noted that there was, originally, the width of a street behind this property running along the canal. The canal was later widened taking all but ten feet of that right -of -way.' Staff recommends approval. Public hearing opened. Janet Fox of 5860 SW 87 Street signed in and stated her approval of this request. Tom Dye of 5860 SW 87th Street also expressed his approval of this request. Mrs. Cristina Mosienko, 5830 SW spoke in favor of this request. There being no one else to speak for nor any one to speak against this motion, public hearing deemed closed. Mr. Parr made a motion to approve PB -92 -011 as submitted. Seconded by Mr. Lefley. Vote: Approved: 6 Opposed: 0 MA ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE IX "NEWSRACKS ON PUBLIC RIGHTS -OF -WAY" OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH MIAMI, BY AMENDING SECTIONS 13 -62 (B) (2) AND (3) RELATING TO COLOR AND LETTERING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 1990, by Ordinance No. 12- 90- 1451, the City of South Miami first enacted regulations regarding the placement and installation of newspaper vending racks, which regulations also included limitations as to the color of the racks and the lettering size thereon; and WHEREAS, a recent ruling of the United states District Court in a case involving a similar municipal newsrack Ordinance determined that while regulations regarding placement, installation, and insurance of the racks were permissible, regulations regarding the Color of the racks and lettering size thereon were not permissible; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 13 -62 (b) (2) of the Code of Ordinances of the City of South Miami, be, and the same hereby is, amended to read as follows: (2) Newsracks shall be -, �°- ated per sta dard SRO -RACK spe� fications. The Y}, �3+-- h+r' of the cabinet top of al riewsracks shalbe t-'fine (39) inches- abdure the finished grade level. 'e =fie cam.. ?C) . Sect on That ection (b) t3 of the Code of Ordinances of the City of South-Miami, be, and the same hereby is, amended to read as follows: (3) Newsracks shall carry no card holders or advortining except the newspaper being /0 dispensedi — goterad iifibsen i&`` - -`-- r =eursera -kela tri Section 3. If any section, clausej sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 9. All Ordinances or parts of Ordinances in conflict herewith be, and the same hereby are, repealed. Section 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of July, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY / 2 MEMORANDUM DATE : August 6, 1992 TO Mayor; and Commissioners , FROM Martin David Berg, City Attorney RE : Newsraaks - proposed amendment to Ordinance asa�s: �saessa�gaaoo= ��s�arc; atis: �' �aaasse�:a= aeo =m��asoaaao��.a =a Pursuant to the City Attorney's Report at the Commission Meeting of August '9, attached is a proposed amendment, relating to equivalent brands of newsracks, to the Ordinance, dealing with color and lettering of newsrack;s, passed' upon first reading at the July 20 meeting. As you know, the U. S. District Court found a similar, but not identical, Coral tables Ordinance: operated as an unconstitutional prior restraint in its use of the term "equivalent" because the Ordinance was "uncertain as to who decides what constitutes an equivalent newsrack." Further, the specific language in the ordinance did not provide "narrow,_ definite, and objective standards for determining what constitutes an equivalent news- - rack." Note: there was a definition of equivalent newsrack as "any newsrack which is of the same: size, dimensions, and style of the specific newsrack" Therefore, this proposal contains a definition of equivalent (not requiring "equivalent" to be "the same' ") and provides who decides what constitutes an equivalent rack. r 1 %. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ARTICLE IX "NEWSRACKS ON PUBLIC RIGHTS- -OF -WAY" OF-CHAPTER - -13 OF THE CODE OF ORDINANCE'S OF THE CITY OF SOUTH MIAMI, BY AMENDING SECTION 13 -62 (8) (1), (2), and (3) RELATING TO 912E, COLOR, AND LETTERING; PROVIDING FOR SRVERAPILiTY; PROVIDiNG FAR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 21, 1990, by Ordinance No. 12 -90 -1451, the City of South Miami first enacted ;regulations regarding the placement' and installa'tion.of newspaper vending racks, which regulations also included limitations as to the color of the racks and the lettering size thereon; and WHEREAS, a recent zuling of the United States District Court in a case involving a similar municipal newsrack Ordinance determined that while regulations regarding placement, installation, and insurance of the racks ware permissible, regulations regarding the color of the racks and lettering size thereon were not permissible; NOWT THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Sngtion 1. That Section. 13 -62 (b) (1.), (2), and (3) of the Code of Ordinances of the City of South Miami, be, and the same hereby is, amended to read as follows: (1) Newsracks shall be single pedestal, TX-80PM or K -80PM SHO -RACK with special pedestal mount and fourteen inch (1411) square base plate (mandated), or TK--80 or R -80 SHO -FLACK with special pedestal and 14 inch square base plate (alloyed only if demand warrants at the installation location) or equivalent. Equivalence standards shall be determined by the City Manager and shall not vary by more than 20 percent from the prescribed standazds. Manufactured modifications to the door, window, and cabinet for the above prescribed newsrack to accommodate vertically formatted, "tabloid type" newspaper display and distribution is acceptable. (2) Newsracks shall be treated with a rust retardant, primer and shall be painted with a chip resistant baking enamel or acrylic finish. Each newsrack shall have a secure coin box-.. The height of the cabinets shall not excaed 39 inches above the finished grade level. (3) Newsracks shall carry no card holder or advertising except the name of the newspaper being dispensed and /or its slogan /logo. Seetipn,.2. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. All Ordinances or parts of Ordinances in conflict herewith be, and the same hereby ate, repealed. Section_ 5. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of August, 1992. APPROVED: MAYOR ATTEST: READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 NO. ORDINkNC$ ° AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA_ AUTHORIZING THE _BALE OF A PORTION OF SOUTH MIAMI FIELD LEGALLY DESCRIBED HEREIN- EMOW TO THE DADE COUNTY SCHOOL BOARD FOR THE SUM of * 183,750.0`0 UPON -THE BASIS THAT THE SAID LAND IS NOT PRESENTLY SERVING ANY PUBLIC PURPOSE; PROVIDING FOR DEPOSIT OF THE PROCEEDS INTO ACCOUNT NUMBER 05- 1310 69.200 "REVOLVING TRUST FUND "; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida is the owner of the premises commonly known as South Miami Field, generally described as that land adjoining South Miami Middle School and thus being West and South of the intersection of Southwest 60th Street and Southwest 67th Avenue (a /k /a Ludlum Road) legally described hereinbelow and hereinafter called the "premises "; and WHEREAS, the Dade County School Board has had an agreement with the City of South Miami whereby the School Board utilized South _Miami Field for School Hoard purposes during school hours and the City of South Miami utilized the Field for municipal purposes, primarily recreation, during non--school hours; and WHEREAS, thereafter the School- Board insta3led on the premises the structures commonly known as "portables ", which are in fact buildings permanently affixed to foundations from the time they are first transported to, and installed upon, the premises; and WHEREAS, as a result, the City of South Miami thereafter could not utilize the premises and the premises therefore served no public purpuue; and WHEREAS, it would therefore be equitable that the School Board purchase the premises at fair market value, thus resolving the exclusive use of the premises by the School Board; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF TUP rITY OF SOUTH MIAMI, FLORIDA: Section 1. That the City Administration be, and hereby is, authorized to sell to the Dade County School Board -a portion of South Miami Field legally desert-bad -as :follows.. z . Commence at the Northeast Corner of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 26, Township 54 South, Range 40 East, Dade County, Florida; thence run South 00224113" East- 25 feet to the Point of Beginning of the Tract -of - land -- herein described; thence continua-South 00 *24113" East 224.85 Feet thence run South 89 *55127tt West 250.00 feet; thence run North 00 *24113" West 224.85 feet; thence run North 89 *55'27tt East 250.00 to the Point of Beginning. for the sum of 5 183,750.00. Said premises to be sold with no warranties. Section 2_. That the proceeds of the aforesaid sale shall be deposited into, and credited to, account number 05- 1310- G9.2UU "Revolving Trust Fund ". Section 33. If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. ectio .4. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section �. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this day of October, 1992. ATTEST: APPROVED: MAYOR..__ CITY CLERK- READ AND APPROVED AS TO FORM: CITY ATTORNEY 2 WT .. -.. IN RZSOLUTION N0. A RZSOLUTION OF TNT MAYOR AND CITY "COMMISSION OF THS CITY OF SOUTH MIAMI . ' FLOBSDA , 02UTiNG A -,RXWMT HY THE SC i00L sanD ' OF DADE CCutTX. FLORIDA riam Tim PLANNING BOARD OF THE CITY OF SOUTH MIAMI FOR T=U VIRIANCES FROM SIC. 20-3.5 (C ) (31 OF THE LAND DZMOPMENT CODE TO ALLOW A ZZRO ( 01 FZZT RZAR $VMCK FOR A PROPOSED 1DDiTION; TO ALLOW A BUILDING COVZRM OF THIRTY EIGHT PERCENT (39%1; TO ALLOW AN IMPERVIOUS coVMGE OF ZVENTY SIX PtRCRNT (76%) AND ONE VARIANCE FiiOM- SEC. 2G -3.5 B (121 OF THE LAND DEVELOPMENT CODE TO REQUIRE NO XDOITIONAL PARKING SPACES VM M31- rV&NTY SIX (26) PIRKING SPACES ARE REQUIRED FOR ,A FROPOsAn <XDDITIOK FOR T;M PROPERTY KNOWN ' AS 6750 S . W . 60TH STREET SOUTH MAXI, "FLORIDA 33143 (A PUBLIC FICILITY, SPECIFICALLY SOUTH XI&MI'MIDDLE SCHOOL) AND LEGALLY DESCRIBED HSRETNAELOW WHER$AS, The School Board of Dade County, Florida requested the Planning Board of the City of South Hiami for three variances from See. 20-3.5 C (3) of the Land Development Code: :. tO allow a zero (0) feet rear setback for a proposed addition, where the existing tear setback for a nonconforming dimension is z"ro (0) f * *t and a minimum twenty five (25) feet rear setback is required; 2. to allow a building coverage of thirty eight percent (39%) where the existing building coverage for a nonconforming dimension is thirty four percent (34 %) and a maximum of thirty Percent (301) is permitted; and 3. to allow an impervious coverage of seventy six percent (76 %), where the existing impervioua coverage for a nonconforming dimension is seventy three percent (731) and a maximum of forty percent (40%) is permitted. and one variance from Sec. 20 -3.5 B (12) of the Land Development Codee. I. to require no additional parking spaces where twenty six (26) parking spaces are required for a proposed addition. all said rtq=sts for the property known as 6730'S.W. 60th 'Street, South Miami, Florida 33143, which property is legally deseolbed as .allow f The North 249.85 feet if the NE 1/4 of the 9M 1/4 of Section 26, TOVnship 54 South, Rage 40 last, Lass the North 23 feet and the Nast 35 toot thereof and that portion which lies within the extesaal -asea turned be a -25.00 foot radius area concave to the southwest, tangent to the vest Tina of the Nast 35.00 feet of the NE 1/4 of the NE 1/4 of said and Section 26 in Dade County, Florida; WUREAS, Staff recommended against the Requests as they are variances from the Code provisions; and WHEREAS, on September 24, 1991, the Planning Board voted to approve the requests by a 5 - l vote; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY' COMMISSION OF THE CITY OF SOUTH MIAHI, FLORIDA: Wtion 1. That the Request of the School Board of Dade County, Florida from the Planning Board of City of South Miami, Florida, for three variances from Sac. 20 -3.5 (C)(3) of the Land Development Cade: a. to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback for a nonconforming dimension is zero (0) feet and a minimum,tventy five (25) feet rear setback is required; b. to allow a building coverage of thirty eight percent (38%) where the existing building coverage for a nonconforming dimension is thirty four percent (34 %) and a maximum of thirty percent (301) is permitted; and c. to allov an impervious coverage of seventy six percent (761), where the existing impervious coverage for a nonconforming _dimension is seventy three percent (73 %) and a maximum of forty Percent (401) is permitted, all said requests for the pzope=ty known as 6730 S.W. 60th Street, South Mimi, Florida 33143, be,- and the same hereby are, approved. 0`' 2 flat the Request of the School_ Boasd of Dade 2 County, Florida from the Planninq Board of City of South Miami, Florida, for one variance from Sec. 20 -3.5 (B)(12) to require no additional parkinq spaces where tventy six (26) pazkinq spaces are required for a proposed addition of the Land Development Code for the property known as 6750 S.W. 60th Street, South Kiaai, Florida 33143, be and the same hereby is approved. PASSED AND ADOPTED this ,ith day of October, 1991. 0 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY I 'QL APPROVED: MAYOR 3 • is •1� ,. Is" . Ir• r Y � r • I M •II � fM!•J •Ir IN14 jY Witt w J • ,f41/1 •N•Y•f, I c� I •• II J.. t 2' '. r a. c I \ ' s•'r••• r .:1 RM- _ i f I • I • yc.• So —Now u —Aft All- i gip• , � fi, J � ���'•�' � •. _ •�• {••1•.••. • 5 M t.� -1.f.1 j I / , v • •• • 1 • • • «f,•1••1 r � . � .� r I l is •'•'�• -�/ � � � D Q eta 7 at 4 46 of mo Fig. '• • to To I vs • f r• • sr , • e • 1 r1 • i t • l , I ♦ � r rsas• s ?RAa T T ••sr f� s ♦ !I/ �r • • ! %top• l� .l • • J 1�. • • • t . . •III • 1• � I ►•asr • ru�r t r•• r •♦ f .I • VIII • a • nas•, � I I �, j � � � L•II • •I — ~�� . I _ � . .. ,III • " � - 1 r .1'• _ ' ' ' , ), 1••• �• IL • •�,• , • Ili c � � � I •; ' � - 1 •• .•'�.1 i to • , ..'_ .• � , f � .: �'.: ;'. _, _ • ' � c fr IF , • '� '77 ..II • • j 'PLICAM • 72 6C OC Dade. • ' avrA• 7` &A ; r iiP Rpuv-e.• M.- Gam - I .. sesiai. des ir man _. .r r Saxe,* m� "" OUNOCT OA /vc, 8OUTU MIAMIt RLORIOa U140 Z 0 N I,N G P g T I T I p N �+I�ras sa. iwrs !1, verses" Cam v, slums" aaa♦aM tq sesame, ao.a.sfQ1(a1 K' *M Vr k �w to/ ! '==- M..• s aMrs h, ' a+latsr si�(Ky � � i� r �a«rir lvi. i . s. t o r..e %ft.w t!Msesame �O.l.sfClfai °t y� iY "�i� if tuj". �1WSiy -n1 GAMM ! (a!a 1 _ sea iar /� ht T l�� gave i loll � t fwj Nii�1 ���rdFaa. !� �l�Ma esseme of a W= N a'�CIfa1 al ey yy 'ty MNaK l3oa/ l@X eOl t ~ ors N, 'N'wty easM M�wweva�! �M °=aa�4��e pM e� aihr as te°i� vll.w ! .,,r aswi.u. SI a � to... .�tslfsal e! " � i•o/i As (ili,, Saar eaywsy sis (301 Lawn QSv4A eSXa M+uetwr met. Lose w!!a 349 46 taM of � u: 1 "• 'MMi See ROWAN" g °we"Are ° �ita°yl the Nor" �s °s!'eall s°r t °s� to ai'!1 /• of s"1M al. °alitl�a. *a '"OIL as.00 =ism Se la°e iada a ,.C�tl..! aa. *&at 1 �• f«sa. iVO. 10 tMrttr• w aR i/1 .! «Mar to vaiM taM vatbla Asap • �O!>t *us" tM 98 1/• K s. to MaRa1 #1Mt. llo=!M "lta1M of'a y *,la �a . Sa"Uty. ap..ati.uay �•rs� ula.t and 4401001) tftion: woo the undersigned Prop"' W t&nCf y mss, are Mi thi n e understand And approve the above request. 'lee fe of the above lt DATE ADDRESS t47/ - _ztw - - _4 �k - �5-�- _ • - cap 2) f/. Arzlg/. i •••_ Pawl S'TAF'F REPORT PB- 91-a3e Applicant: The School Board of Dade County, Florida Request #l: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a zero (0) feet rear setback for a proposed addition, where the existing rear setback for a nonconforming dimension is zero (0) fset and a minimum twenty five (25) fset rear setback is required. Request 12: Variance from Section 20- 3.5(C)(3) of the Land Development Code to allow a building coverage of thirty eight percent (38 *) where the - existing Building Coverage for a- nonconforming dimension is thirty four percent (34$) and a maximum of thirty percent (30 %) is permitted. Request 13: Variance from Section 20- 3.5(C) (3) of the Land Development Code to allow an Impervious Coverage of seventy six percent (76$)', where the existing Impervious Coverage for a nonconforming dimension is seventy three percent (734) and a maximum of forty percent (404) is permitted. Request. 14: Variance from Section 20- 4.4(8)(12) of the Land Development Code to require no additional parking paces where twenty six (26) parking spaces are required for a proposed addition. LEML: The North 1249. 85 feet of the NE 1/4 of the SE 1/4 of Section 26, Township 54 South, Range 40 East Location: aNAUSrs: Less the North 25 feet and the East 35 feet thereof and that portion which lies within the external area formed be a 25.00 foot radius are concave to the Southwest, tangent to the West line of the East 35.00 feet of the NE11/41 of the NE- 1/4 of said Section 260 6750 Sy 60th Street South Xiaai, Florida (h public facility, School) specif ically South Miami Middle The subject property is located in a Public /Institutional (PI) Zoning District which Psrxmftt to Section 20- 4.4(C)(3) of the Land Development Code should conform to the adjacent most restrictive use dimensional requirements, which is Lar Density Residential (RS -3) in this case. The lot is about 3.265 Acre, 142,214 square fast. Me extstinq structure is about 481,500 square feat !1 ) - floor) and 231,00o sq are st f ( second f "t-. irvions area is about 103,500 square fly about-4:3 on the: site. a�dtt3o�r. - abcufz Sr 080. (9f1oo�) ;aad�sOSh- <_ feet steed { seoon�floor~t with RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CLTY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST' PURSUANT TO SEC. 20 -3.6 0)(1) OF THE LAND DEVELOPMENT CODE FOR A VARIANCE TO ALLOW A SIDE SWIMMING POOL SETBACK OF 'EIGHT (8) FEET WHERE TEN (10) FEET 13 REQUIRED AND A RRAR SWIMMING POOL SETBACK OF TEN (10) FEET WHERE TWELVE AND ONE HALF (12.5) FEET IS REQUIRED BY LILLIAN LEVINE FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN As 6351 $.W. 62nd TERRACE, SOUTH MIAMI, FLORIDA 33143 AND LROALLY DESCRIBED HEREINBELOW WHEREAS, Lillian Levine requested the Planning Board of the City of South Miami pursuant to Sec. 20 -3.6 (J)(1) of the Land Development Code of the City of South Miami, Florida for a Variance to allow a side swimming pool ;setback of eight' (8) feet where ten (10) feet is required and a rear swimming pool setback of ten (10) feet where twelve and one half (12.5) feet is required, on the property known as 6351 S.W. 62nd Terrace, South Miami, Florida 33143, which property is legally, described as follows: Lot 6 in Block 14 of TWIN LAKES MANOR SUBDIVSION, according t-o the plat thereof, as recorded in Plat Book 57 at Page 82 of the Public.Records of Dade County,r Florida WHEREAS, the City Commission Staff Report recommended denial of the request; WHEREAS, on June 9, 1992, the Planning Hoard voted to recommend approval of the request by a 7 - 0 vote; and NOW, THEREFORE, HE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request of Lillian Levine pursuant to Sec. 20 -3.6 (J)(1) of the Land Development Code of the City of South Miami, Florida for a variance to allow a side swimming pool setback of eight (8) feet where ten (10) feet is required ands rear swiming pool setback of ten (10) feet where twelve and one half (12.5) feet is required, for the property known as 6351 S.W. 62nd Terrace, South Miami, Florida 33143, be, and the same hereby In? approved. PASSED AND ApOP1gD this th day of August, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY D. 1P13-92 -018 Applicant: Lillian Levine Request: Variance from Section 20 -3.6 (J)(1) to allow a side swimming, pool setback of eight (8) feet where ten (10) feet is required and a rear swimming pool setback of ten (10) feet where twelve and one half (12.5) feet is required,. Location: 6351 S.W. 62nd Terrace, South Miami, FL 33143 (A single- family residential property) Ms. Thorner read the request. Joan Cortez signed in representing her mother, Mrs. Levine. Mr. Mackey read the Staff Report which does not recommend approval of the request. Ms. Cortez explained the complicated history behind this request which came to light when Mrs. Levine applied for permits from the City to prepare her home for sale It was discovered that when a pool and Jacuzzi were installed 12 years ago, a permit was pulled by Mr. Levine for "alterations ". - This is an above - the - ground pool embedded in concrete 8" into the ground. When Mrs. Levine sold the property January 14, 1992, a survey was done in mid - March, then her attorney notified her that there was a problem with the easement. PB Minutes 3 06 -09 -92 Mrs. Levine came to City Hall to apply for permits to legalize the construction so that the purchaser would not have to inherit any problems. There is included in the packet a letter from DERM stating that, - n Section 5, DERM approval is not transferable. Each new owner must apply to DERM. On the list of signatures, #15 is that of the nearest neighbor to be affected who lives across the lake Mr. Lefley gave a short history of this area indicating that DERM was not in existence when this subdivision was created. Most of the properties are in violation also. Mr. Lefley cited Mrs. Levine's good faith effort to comply with regulations and that Water Control has issued a letter'of agreement There being no additional discussion, chairman Ligammare opened the Public Hearing, asking for those wishing to speak either for or against this request. Hearing none, the Chair deemed Executive Section to be opened. Mr. Lefley, referring to the plat sheet from the packet, noted that there is no reason for Water Control to access the canal through the existing easement because it can be done at the bridge. Mr. Gutierrez asked Staff if there were pool setback requirements at the time of construction. Staff noted that previous requirements are not known. Mr. Ligammare stated that there are fines that will have to be paid should this request be grunted by the Board. The Chair called for a vote. Mr. Parr roved to approve the request PB -92 -018 as submitted. Seconded' by Mr. Lefley. Vote: Approved 7 Opposed: 0 Area map indicating subject properties and mailing area • � IT I Y Ij y'�1f1 # � •T b + ! - �; �� I I �' fir`' � SJs ---;- y -- ` '; . It V 2 1 �S i� 1 17 S m ` i a G 1 sry Sqr" �s JA' J J � �� C o• S it r ili � JO 5 � t ,III � > I �� � p S1v bo'r• y, l IT I + � �, T rr. T rr/ v � / , 1 • r t � d rr t s yT „ till 5 ? 14. is • `7� )S e \ Ali a le 'S 3w J S / Sw 1, 1 : o - 4 2,v Tu 'e 11 .9 I Ass t v J yea { a II s d 3 63 7re r i y , S v o¢ i "y +t • f f I f V S. �, Zee so '�y ♦ 0 8 r l D�,. 1 a 7 f T vl GS' ' .1 + u f • t I i �! � f f �ry s t Z r t T FPPLICFVT: tif"I O LEVINC U\IE R ' "AP REFERE*iCE : G 3.51 WComorss 5ST15AC.t VARIANCE f scale��J�o�+e^ C1TY OR SOUTW MIAMI , PLANNING n ...... Chk ... .. `1� �CA QD tterrina vo.Oi� • zoning Petition signed by owners of surrounding properties T H E CITY O f // So U t4 4✓ / icr"i I GM SUMVCT ORIVt, »OUTH MIAMI, P'"NOOA 1310 Z 0 N I N 0 P E T I T I O N Applicant: Lillian Mae Levine Address: 6351 S.W. 62 Terrace Request: Variances from Section 20 -3.6 (J) concerning the required pool setbacks from the rear property line and side property line (survey information pending) Petition: We, the undersigned property owners, are within Soe feet of the above property. We understand and approve the above request. �!� v�r f4G`" a SL Z �i� �'S3�fit � G� o%'�,� f3 IAO -�� -� -y� s�ci l 7� 2, G . D ,icu lv ¢mom - - - 7 ......... - ---- - - - - -- - -- 9 4- - - - -- - - • - - - - _ ..fit - . ___�- - - - - -- �,- Ct 4C1_ nhanrl.�_�_ - �_ _ice �;•40� , _ _ �� I�: ^.t:2n�i IWSO -37 i (continued o a - - . _ . . . . . �t,_�__ , %� <� %�!� /' ��6i �c...��ct. .5� ✓1�;�,,. � =r "��% -:� w e .� :tit Pace 1 (03 PB -92 -018 Levine 6351_ Sit 62 Terrace Page 18 of 18 page 1: Letter of Intent by Applicant April 30, 1992 City of South Miami Building and Zoning Dept. 6130 Sunset Drive South Miami, FL 33142 To Whom it May Concern: Letter of Intent This Letter of Intent will indicate my desire to bring the property at 6351 S.W. 62 Terrace into complete compliance with existing codes and regulations by removing certain unapproved side setback encroachments and converting some 1565 sq. ft. from impervious to pervious, and further utilizing the opportunity of a variance to facilitate the process. Under the program which we are pursuing, we will be obtaining a letter vacating the easement which will bring the majority of the violation to the corrected state. Secondly, we will obtain certified plans from the engineer which should permit an after the fact permit where the pool and jacuzzi is located. This will focus the need for the variance on three items; one, setbacks; two, extended impervious areas and three, the after the fact permit. When the house was built, the builder left what was then the largest tree in the neighborhood in place in the front ,yard. Due to its immense size and age, which I believe is now approximately 100 years, the house was set back on .the property 10' from every other house. That particular 10' ultimately assisted in the creation of a back yard area 30% smaller than any other lot, and it was restricted on the other side by the canal itself. Had the tree not been there, and the house not been setback, the rear setback would have been a non- issuer We would hope that the City understands the importance of a tree which, in many communities, might even carry an historic designation due to its size and age. Its location and preservation created the necessity of relocating the entire house. Page 2: Letter of Intent by Applicant City of South Miami Building and Zoning Dept. April 28, 1992` Page Two We contend this to be a hardship for which this application becomes viable. This situation did not occur at any other location in the development. The land, because of the tree and its extensive root system, falls within the extreme topographical classification for requesting a hardship. Although other trees have grown in the area since then, this tree was unique to this property and to ,the development, and prevented the location of the house from being the same as all others on the block. Therefore, 'a totally reasonable use of the property, particularly the back yard utilization, became unequal with each and every other, house. The tree was not planted by the owner, therefore it is not a self - imposed hardship. For this reason, the hardship is unnecessary to us, as required by your guidelines, but merely for ecological preservation, and the variance would have no effect on the public interest. Resulting from the setback of the house, the owner constructed a pool which was originally -a- removable, above ground pool and which was coverted to a gunite pool. Only 8" of the pool itself is in the ground. We have received engineering plans to show that the pool was built in fu11 compliance. However, at the time of the construction, the permit was not drawn. We will, after the hopefully favorable approval to allow the setback from the water's edge to be reduced by approximately 2 feet, apply for our after the fact permit on the pool and jacuzzi as well as the screen enclosure. We would appreciate every consideration which may be given to help facilitate this process. Sincerely, Lillian Levine 6351 S.W. 62 Terrace South Miami, FL 33143 LL:cic Statement of Hardship inherent in the Land by Applicant April 30, 1992 STATEMENT OF HARDSHIP INHERENT IN THE LAND The property located at 6351 S.W. 62 Terrace, South Miami, at-the time the existing home was constructed,. contained an immense, ancient tree in the middle of the front of the lot. Instead of clear cutting the lot, as was the case throughout the rest of the development, the builder chose to let this beautiful canopy remain. For over twenty years, it was the largest tree in the Twin Lakes Manor development. Even today, as the surrounding landscaping has achieved substantial growth, it remains one of the largest in the area. Current ecological concerns and the environmental benefits of such a tree notwithstanding, since the house has been standing for thirty -five years, removing the tree at this juncture would be pointless. The tree, however, has presented the property owner with this condition of hardship due to the fact that the house had to be constructed 10' further back than the rest of the homes in the area to accommodate it. The builder's decision, with the approval of the City, to allow the tree to remain, and alternatively relocate the house, has created this extreme topographical -hardship as this has reduced the size of the back yard by '30 %. This reduction, combined with the 30' easement now existing, eliminates the back yard in its entirety. For the reasons outlined above, we respectfully request granting of this hardship inherent in the land. Respe tfUlly sub m'tted, Lillian Levine 6351 S.W. 62 Terrace South Miami, Florida 33143 F 1 PB:-92 -018 Page 1: Reasons for Change by Applicant REASONS FOR CHANGE The property located at 6351 S.W. 62 Terrace, to the best of our knowledge, is one of the only lots with a 30 foot easement. The other lots have 20 foot easements. There is no available living space for Florida recreational pool and patio type structures in the back yard without ; encroaching on this easement. In no way will the current structures affect the quiet enjoyment of the neighborhood, nor would it restrict any type of activity of the state, local or federal government. The house and property are subjected to rules and laws made 35 years ago which have never been.utilized or needed. The structures in question have been present for 12 years with no adverse effects to the property or any surrounding homeowners. The hardship caused by setting the house back 10 feet due the preservation of what was one of the largest ficus trees in the South Miami area, located in the front yard, made location of the pool only obvious upon receiving the survey from the surveyor. On a property with nearly 6 major violations, the violations can be corrected to a mostly near perfect compliance, however, it can be brought into complete compliance with a simple 3 -1/2 foot setback variance. There will be no loss to an adjoining neighbor or infringement on an adjacent neighbor since this lot is waterfront property. In addition, every seawall, fence structure separating each lot leading to the water line and light poles built in Twin Lakes Manor could be a violation of the setback and easement and could be construed as building to the lot line. These structures were built with permits. The rules for impervious land surfaced after these structures were built. Currently, approximately 30 percent of the land is in violation. This could be reduced by our modifications by approximately 22 percent leaving an additional 8 percent with minor impact. Inasmuch as the lake is 100 percent pervious, the ground absorption in the back yard of this lot will allow for much greater absorption than the back yard of other lots located in this deveiopment. In times of storms or hurricanes, the lake is drained to allow for more absorption of water. Levine-6351 SST 62 Terrace Page= 8 of 18 Page 2: Reasons for Change by Applicant Therefore, the impact caused by allowing the current structures to remain intact would be virtually non - existent by allowing for the modifications currently underway. All engineering and after the fact permits will be obtained which will bring all violations into compliance. Respee- ally submitt Lillian Levine Page 1: Copy of current survey showing existing setbacks cb,N�L avIeI5 ez dyre CA) �'I , -,4, 78 OCR •CMS j _ ____ _ k 3 OG w4r R ru 2 0 4"A4, MAi ttwa,k c 7,d CU 0 Zzt? 1r Woo= TO CAWL "AEJWiSC +Ar CE ,t 49 Z ?a 1oAVG Tlo�;o� Fort tJ' 0.70 ,47AQErJr �(� o 4.0 ;-So ,i-- Ob5 POOL Aa0VE 6feWN0 i qj • 4 low X15 ;j 24.95 ' OL "\ AF-C 0 J, N N iD it tt 2t.3o -f WcLw 7,76 Qr 6.3 -25,1,0 I+3'.59' I i 1`�. M�• r •. � I - i Uu� ° I vii. •�, rrl I 7,70' 3�a fo•oo c '8,� �� - , ��•Cr � /J Up �1 t Page 1: Letter of Agreement from Dade County, DERM Lillian Levine Property Owner We understand that the Environmental Resources Management Department does not have authority to issue formal permits for use Of County canal maintenance easements for the placing of permanent obstructions within the easement, furthermore, that the Department in general objects to the placing of any type or permanent construction on its canal maintenance easements. We further understand however that subject to the conditions enumerated below the County Environmental Resources Management Department will not raise formal objection to the use of the easement described herein for the purposes indicated as follows: (1) Allow the encroachment of a swimming pool, pool deck, Jacuzzi and a C.B.S. concrete bulkhead into a 30 -foot canal maintenance easement at 6351 S.W. 62nd Terrace, Miami, Florida 33143, in Section 25- 54 -40, legally described as: Lot 6, Block 14, Twin Lakes Manor Subdivision, according to the Plat thereof, as recorded in Plat Book 57 at Page 82 of the Public Records of Dade County, Florida. (2) The property owner hereby agrees to totally and completely remise, release and forever discharge Dade County of and from any responsibility, liability, loss, PB -42 -018 Page 2: Letter of Agreement from Dade County, DERM injuries, damages, expenses, claims and demands, directly or indirectly, arising from or in any way pertaining to any work performed by the owner upon the above described easement. (3) The property owner hereby covenants and agrees to totally and completely remise, release and forever discharge Dade County from any and all responsibility, liability, expense and demand for any damages of any nature to the structures which encroach into the canal maintenance easement arising from the use of County forces and equipment of the County's canal maintenance easement. (4) The property owner shall provide adequate signs, barricades, warning lights, and other safety precautions for the prevention of accidents of injuries to persons and property during all construction work covered by an through the life of this permit. (5) The property owner understands that this agreement is not transferable. The property owner desires to maintain those structures at their present location on the basis of these conditions and agrees to comply fully with the conditions and the intent of them, namely protection of the County and its use of its easement. Page 3: Letter of Agreement from Dade County, DERM Signed in the Presence of: Acknowledged and Agreed for Dade County, DERM BY: ATTEST: Title Signed at Miami, Florida this the /5� -day of AD, 1992 BY :_�, Title FIPARONMENTA' ATTEST: OWION OF WATT' -Lit, Title- SUBSCRIBED Ark SI RN 'BO BEFOPE MF. 'CAS 7 --� OF 19_, BY DAY PERSONAILY K V IN — OR PRODU '0 IDaTrMCATION TM OF IMTrIFICATION PRODUCm : 004333 PB -92 -018 Isabel M Pub s STATE pj*WyCW� A Nr)FF CG# 07 /qy// Letter from TWentY First Century Engineering certifying S Y g FBC compliance DV=e y.Fh -St Ceatruy Engineering Corp, May 4, 1992 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Attn.: Ms. Sonia Lama, AIA Building & Zoning Director Re: Lillian Levine 6351 SW 62 Terrace Fool Inspection Dear Ms. Lama: YOU �I Twenty First Century Engineering Corp. the structural integrity of the pool dhJa Jacuzzi in the above referenced site to review observations are summarized below: r of the residence. Our The pool was constructed of concrete block faced with brick. Interior finish is Marcite. The pool structure is basically above ground with the um P p and filter to the rear of the property. Pool circulation is via 1 skimmer, 2 inlets and a main drain in the The Jacuzzi also is essentially above ground and is also serviced pool's with Ian inlet, and pump, t, drain The construction of the pool and spa meets the minimum South Florida Building Code, requirements of the I trust this letter report satisfies your current needs. Please call with an questions. .y Best Regards, Twenty First Century �r ct.n '11, Carroll, Jr. .E, repident CC: Gary Levine Tom Lawson g Corp. • Civii . Developmental • En*orlmental • 2455 fast Sunrise 81vd. . b . Su Suite 1203- . Ft. Lauderdale} FL 333%4 en` • TMPOnation- • • (3051 504100 • Fax (3051-561.'2137- t'B =4Z -018 `Le „1 R ne 6351 Sid- 62 Terrace Page 15 of 18 I 4 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DZWA4M AN APPEAL FROM THE ENVIRONMENTAL REVIEW AND PRESERVATION BOARD BY DORPHIL SWIMMING POOL SUPPLIES WITH REGARD TO INSTALLATION OF NINE ADDITIONAL TANKS FOR THE PROPERTY COMMONLY KNOWN AS 7500 S.W. 61 AVENUE, SOUTH MIAMI, FLORIDA 33143 WHEREAS, on July 7, 1992, the Environmental Review and Preservation Aoard of the City of South Miami voted 4 - 0 to recommend denial of installation of nine additional tanks for the Dorphil Swimming Pool Supplies for the property commonly known as 7500 S.W. 61 Avenue, South Miami, Florida 33143; and WHEREAS, Dorphil Swimming supplies appealed that decision to the South Miami. City Commission, which Appeal has now been heard; NOW, THERFFORF, BE TT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Appeal by Dorphil Swimming Pool Supplies from a decision by the Environmental Review and Preservation Board of the City of South Miami on July 7, 1992 to rec.:ommend the denial of the installation of nine additional tanks for the property commonly known as 7500 S.W. 61. Avenue South Miami, Florida 33143 be, and the same hereby is, PASSED AND ADOPTED this ,_„_„_day of August, 1992. ATTEST: READ AND APPROVED AS TO FORM: APPROVED: MAYOR I i 4 Page 2 Thank you once again for the opportunity to bring these points to the Commissions attention. ED NIVERSAL CORPORATION Nor an Stof ky Ad inistrative Sal s Manager /cg cc: Renee Diaz Everglades Construction Dorphil Co. Brook Smith Robert Namoff 3 TELEPHONES: (305) 888.2623 DADE ,05) 525.1758 BROWARD FAX: (305) 865 -4671 Allied Universal Corporation MAIN OFFICE 8350 N.W. 93RD STREET MIAMI. FLORIDA 33166 -2098 August 5, 1992 City of South Miami City Commission 6130 Sunset Drive S. Miami, FL RE: E.R.P.B. Appeal - Dorphil Swimming Pool Supplies Commission Meeting Agenda Gentlemen: PLANTS MIAMI. LEESBURG Q FT. PIERCE. FLA. BRUNSWICK 6 RANGER, GA. S. KEARNY. N.J. Per our meeting the night of August 4, 1992, we came to you to present additional information as to why the City Commission should vote to allow Dorphil Swimming Pool Supplies to have additional bleach tanks on their property. 1) All tanks are centrally located, and not spread out. All can be seen on visual inspection by Dorphil and our delivery personnel. 2) Product is bleach, (not chlorine), Sodium Hypochlorite, 10 %. 3) Product is similar in nature to household bleach, i.e., clorox. 4) Product is used primarily for swimming pools and water purification. 5) Product is not combustible, or flammable. 6) Dorphil Co., has trained personnel for the supervision of dispensing the bleach to their customers. 7) All tanks will be secured by containment reservoirs. These containments are there should in the remote chance a tank leaks, all spills are captured and does not leave the containment area. S) All tank construction and containment walls meet all EPA requirements for State, Federal and Dade County ordinances. 9) All tanks and containment walls will be further secured by a canopy, fenced in area, under lock and key, and does not show to drivers on the streets. 10) Allied Universal, as the supplier of bleach to Dorphil, has been operating for more than 35; years throughout Dade County, and the rest of the State of Florida. We have a solid history of service and safety in the industry. We are suppliers to many of the Dade, County Government and Municipalities for these same bleach products. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX MONTHS' LEASE FOR A STORAGE FACILITY FOR THE WAREHOUSING OF 'VEHICLES HELD BY THE POLICE DEPARTMENT PURSUANT TO THE FLORIDA CONTRABAND FORFEITURE ACT; AUTHORIZING AN EXPENDITURE , NOT TO EXCEED S 3,450.00 AND CHARGING THE DISBURSEMENT TO ACCOUNT NO. 08- 1910 -4400 "FORFEITURE FUND RENTALS AND LEASES" WHEREAS, the Police Department has with certain regularity come into temporary possession of motor vehicles pursuant to the Florida Forfeiture Contraband Act; and WHEREAS, court decisions have held those in such temporary possession responsible for damage to the vehicle in the event of their return to the titled owner; and WHEREAS, in the event of a forfeiture, the vehicle's value to the Police Department likewise depends upon its good condition; and WHEREAS, therefore, the Police Department of South Miami wishes to lease warehouse space to provide :dot the safeguarding of vehicles held by the Police Department pursuant to the Florida Contraband Forfeiture Act; and WHEREAS, the Chief of Police has previously certified the requested disbursements comply with the provisions of Florida Statute 932.704 (3); 1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission of the City of South Miami., Florida do hereby authorize the City Manager to execute a leash for the storage of motor vehicles held by the South Miami Police department pursuant to the Florida Contraband Forfeiture Act for a sum not to exceed 8 3,450.00 for a six months' lease ($ 575.00 per month) for the period October 1, 1992 through March 31, 1993. /c'500P Section 2. That the disbursement be charged to account no. 08 -1910 -4400 'Forfeiture Fund Rentals and Leases ". PASSED AND ADOPTED this ____:th day of October, 1992. APPROVED: ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY- ATTARNEY _ City of South Miami Police Department INTER- OFFICE - MEMORANDUM TO: William F. Hampton City Manager FROM: Perry S. Turner Chief of Police DATE: September 17, 1992 SUBJECT: Expenditure - Forfeiture Fund - 08 -1910 -4400 Expenditure is requested from Forfeiture Fund Account 08 -1910- 4400, Rentals and Leases, in the amount_ of $3,450 for a six month period from October 1, 1992 through March 31, 1993, to continue to provide a storage facility for the warehousing of vehicles held by the Police Department pursuant to the Florida Contraband Forfeiture Act. Rental is $575 per month, all inclusive. Attached is draft of Resolution for same. PST /esw Att RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX,MONTHS' LEASE FOR A STORAGE FACILITY FOR THE WAREHOUSING OF VEHICLES HELD BY THE POLICE DEPARTMENT PURSUANT TO THE 'FLORIDA - CONTRABAND FORFEITURE ACT; AUTRORI23NG AN EXPENDITURE NOT TO EXCEED 53,450..00 AND CHARCING THE DISBURSEMENT TO ICCOUNT NO. 08- 1910- 4400iKFORFEZ`TURE FUND - RENTALS AND LEASES.- WHEREAS, the Police Department has with certain regularity come into temporary possession of motor vehicles pursuant Florida Forfeiture Contraband Act; and to the WHEREAS, court decisions have held those in such temporary possession responsible for damage to the vehicle in the event of their return to the titled owner; and WHEREAS, in the event of a forfeiture, the vehicle's value to the Police Department likewise depends upon its ood condition; and 9 WHEREAS, therefore, the Police Department of South Miami wishes to lease warehouse space to Of vehicles held by the Police Provide for Department Florida Contraband Forfeiture Act; and the safeguarding Pursuant to the WHEREAS, the rhiaf of Dclice has prov "sly Certified l•1,C requested disbursements comply with the provisions of Florida Statute.932.704 (3); NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:- Section 1. The Mayor and City Commission of the City of South Miami, Florida do hereby authorize the City Manager to execute an lease for the storage of motor vehicles held by the South Miami Police department pursuant to the Florida Contraband Forfeiture Act for a Sum not to exceed 53,450- _or a six months' lease ($575 per month)y Octoie - 1, 1992 through March 31, 1993. Section 2. That the disbursement be charged to account no. 08- 1910 -4400 °Forfe- iture,Fund Rentals and Leases. PASSED AND- ADOPTED this _.._..th day of RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $4,096.72 REPRESENTING FEES INCURRED FOR LEGAL SERVICES BY GREGORY BORGOGNONI OF RUDEN, BARNETT ET AL, IN THE CASES OF GOMEZ VS CITY OF SOUTH MIAMI, $1,077.50; MANDELSTAM'VS. CITY OF SOUTH MIAMI, $2,354.35; STEIGLITZ VS. CITY OF SOUTH MIAMI, $652.25; AND OTHER SERVICES REFERENCE LAND USE COMPREHENSIVE PLAN', LITIGATION, $12.62; AND CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100- 4910: "COMPREHENSIVE SPECIAL ATTORNEY. "' WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized the employment of Gregory Borgognoni of Ruden, Barnett, et al; and - WHEREAS, the City has now received invoices regarding the cases of Gomez vs. City of South Miami, $1,077.50; Mandelstam`vs. the City of South Miami, $2,354.35; Steiglitz vs. City of South Miami, $652.25; and other services reference Land Use Comprehensive Plan Litigation, $12.62; legal services rendered by Gregory Borgognoni of Ruden, Barnett, et al pursuant to the aforesaid Resolution, for the period ending August 10, 1992 for a total of $4,096.72. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of $4,096.72 to Gregory Borgognoni of Ruden, Barnett, et al for legal services rendered in the cases of Gomez vs. City of South Miami, Madelstam vs. City of South Miami, Steiglitz vs. City of South Miami, and other legal services reference Land Use Comprehensive ,Plan Litigation. Section 2. That the disbursement be charged to account number 2100 - 4910: "Comprehensive Special Attorney." q�, J /6 PASSED AND ADOPTED this day of October, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Client No. CI18371 FEDERAL IDN 59. 1307357 RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 CITY OF SOUTH MIAMI, FLORIDA City Hall August 1992 6130 Sunset Drive �! nvoiceNo10207958 Miami, Florida 33143 AIM 1992 ile No. 1 �r� .� E►�T. Land Use Comprehensive Plan Litigation. M DISBURSEMENTS Clerk of the Circuit Court 1.00 WESTLAW Computerized Legal Research 3.12 Elite Courier Service 8.50 DISBURSEMENTS TOTAL $12.62 TOTAL $12.62 Aug 2 0 40Q2 NICE, INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR Rmen. ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY INVOICE THENUNR4DFOR MORE THAW ONE (1) MONTH SHALL BE SUBJECTTO A LQE CHARGE OF ONE AND ONE41AI.F PERCENT (I%%) PER MONTH. Client No. CI18371 FEDERAL IDP 59. 1307357 RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P. A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 CITY OF SOUTH MIAMI,•FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 File No. 9 August 10, 1992 Invoice No. 207962 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH adv. Gomez. 06/18/92 G. Borgognoni 1.8 450.00 Conference with John Fletcher; prepare Order on settlement. 06/19/92 G. Borgognoni .2 50.00 Conference with John Fletcher. 07/02/92 G. Borgognoni .5 87.50 Conference with John Fletcher's office; review Order. 07/13/92 G. Borgognoni 1.8 315.00 Review settlement papers; conference with John Fletcher. 07/15/92 G. Borgognoni .2 35.00 Conference with John Fletcher regarding settlement. 07/16/92 G. Borgognoni .6 105.00, Conference with M. Berg regarding settlement; edit and fix resolution. TOTAL HOURS 5.1 6 DISBURSEMENTS Miscell- aneous Costs Photocopies Fax Charges TOTAL FOR SERVICES $1,042.50 DISBURSEMENTS TOTAL TOTAL 30.00 4.00 1.00 $35.00 $1,077.50 _G1 , �Ma am VFJOICEB RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT- ON THE RR$r DAY OF EACH MONTH THE BALANCE OF*.NY INVOICE THEN tJ1EAID FOR MORE THAN ONE M MONTH BHALL BE MMJECrTO A LATE CHARBEOF ONE ANOONE HAI F PERCENT(1%%) PER MONTH. Client No. CI18371 FEDERAL ID / 89.1307357 RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 CITY OF SOUTH MIAMI, FLORIDA City Hall August 10, 1992 6130 Sunset Drive Invoice No. 207961 Miami, Florida 33143 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH File No. 7 adv. Mandelstam. 06/12/92 G. Borgognoni 4.2 735.00 Prepare revised peition for certiorari and motion. 07/01/92 G. Borgognoni .2 35.00 Conference with William Hampton; review documents. 07/06/92 G. Borgognoni 1.5 262.50 Meeting with S Price, G. Brooks and W. Hampton 07/13/92 G. Borgognoni 2.1 367.50 Research regarding new suit. 07/14/92 G. Borgognoni 2.6 455.00 Continue research regarding new suit. 07/28/92 G. Borgognoni 2.1 367.50 Research regarding memorandum; work on memorandum. TOTAL HOURS 12.7 TOTAL FOR SERVICES $2,222.50 DISBURSEMENTS Miscellaneous Costs Photocopies Corporate On -Line Research Elite Courier Service DISBURSEMENTS TOTAL TOTAL 35.00 3.25 75.60 18.00 $131.85 $2,354.35 p�6 201921 CITY. �NAGE�� 9�C� INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPT ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY INVOICETHEN UNRVID FOR MORE THAN ONE (1) MONTH SHALL BE %ftR TTO A LATE CHARGE OF ONE AND ONE44MY PERCENT (1%%) PER MONTH. Client No. CI18371 FEDERAL. Rif W130M7 RUDEN, BARNETT, MCCLOSKY, SMITH, SCHUSTER-& RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 CITY OF SOUTH MIAMI FLORIDA City Hall August 10, 1992 6130 Sunset Drive � Invoice No. 207959 Miami, Florida 33143 AUG VAEA FOR LEGAL' SERVICES RENDERED IN CONNECTION WITH File No. 5 adv. Steiglitz 07/01/92 K. Klein .6 81.00 File review; prepare memo to Greg Borgognoni regarding Motion for Summary Judgment; conference with Greg Borgognoni. 07/07/92 K. Klein .2 27.00 Review interrogatories. 07/15/92 G. Borgognoni 2.8 490.00 Prepare for hearing on discovery matters. 07/21/92 K. Klein .2 27.00 Conference with Greg Borgognoni. TOTAL HOURS 3.8 TOTAL FOR SERVICES $625.00 DISBURSEMENTS Photocopies 17.25 Elite Courier Service 10.00 DISBURSEMENTS TOTAL $27.25 TOTAL $652.25 NpG� s �E�CE INVOICES RENDERED BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIFT. ON THE FIRST DAY OF EACH MONTH THE SALANCE OF ANY 111010E THEN UNR11D FOR MORE THAN ONE (1) MONTH SHALL BE SUIX ECr-10 AL E CHAIME OF ONE AND OW44ALF PERCENT "%%) PER MONTH. RESOLUTION NO. ti ALoVLuI Lu" VI Lil,L ClrliVA tI17U V111 V,UHd10 olU it Vr 1L1L CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $451.50 REPRESENTING FEES INCURRED FOR PUD RESEARCH AND CONFERENCE WITH CITY OFFICIALS BY GREGORY BORGOGNONI OF RUDEN, BARNETT'ET AL, REGARDING THE BAKERY `CENTRE - APPLICATION CHARGING THE DISBURSEMENT TO ACCOUNT NUMBER 2100 -4910: "COMPREHENSIVE SPECIAL ATTORNEY." WHEREAS, by Resolution number 75 -90 -9102 passed May 22, 1990, the City Commission authorized the employment of Gregory Borgognoni of Ruden, Barnett, et al; and WHEREAS, the City has now received an invoice for legal service rendered pursuant to the aforesaid Resolution regarding the Bakery Centre application for the period ending August 10, 1992 for a total of $451.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of $451.50 to Gregory Borgognoni of Ruden, Barnett, et al for legal services rendered regarding the Bakery Centre application. Section 2. That the disbursement be charged to account number 2100 -4910: "Comprehensive Special Attorney." PASSED AND ADOPTED this day of October, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM:, CITY ATTORNEY Pri - Client No. CI18371 FEDERAL ID# 59-1307357 RUDEN, BARNETT, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ATTORNEYS AT LAW 200 EAST BROWARD BOULEVARD POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 CITY OF SOUTH MIAMI, FLORIDA City Hall 6130 Sunset Drive Miami, Florida 33143 August 10, 1992 Invoice No. 207960 FOR LEGAL SERVICES RENDERED IN CONNECTION WITH le No. 6 kery Center. 16/92 G. Borgognoni 2.4 420.00 Conference with C. McCann and W. Hampton; review fax regarding PUD; research. TOTAL HOURS 2.4 TOTAL FOR SERVICES $420.00 DISBURSEMENTS Miscellaneous Costs Photocopies. DISBURSEMENTS TOTAL TOTAL 30.00 1.50 $31.50 $451.50 0011 Itl 01p01' ��,$ OFFO INVOICES REMEMD BY THE FIRM ARE DUE AND PAYABLE UPON THEIR RECEIPL ON THE FIRST DAY OF EACH MONTH THE BALANCE OF ANY INVOICE THEN UNMID FOR MORE THAN ONE (1) MONTHS 4ALL BE SUEL E 10 A LATE CHARGE OFONE AND ONE• 4AV PERCENT (114%) PER MONTH. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND ADOPTING THE RECOMMENDATIONS OF THE CITY MANAGER TO TRANSFER LTNR TTF..MS AS SET FORTH IN THE ATTACHED ITEMI ?.ED LIST FROM ONE CITY DEPARTMENT TO ANOTHER CITY. DEPARTMENT FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1992, TO ACCOUNT FOR ADDITIONAL AND THUS UNAPPROPRIATED REVENUES AND THE EXPENDITURES THEREFROM PURSUANT TO FLORIDA STATUTE 166.241 AND AUTHORIZING THE CITY MANAGER TO TAKE SUCH MEASURES AS NECESSARY TO ACCOMPLISH THESE TRANSFERS. WHEREAS, Florida Statute 166.241 provides for the drawing of money pursuant to appropriation of funds; and WHEREAS, the City Manager has set forth a series of recommendations in the attached itemized list to transfer line 1Le:ae frum one City Department to another City.Department for the fiscal year unding September 30, 1992, accounting fox additional and thus unappropriated revenues and the expenditures therefrom; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 . That the recommendations of the City Manager be, and hereby are, approved and adopted as set forth in the attached itemized list to transfer line items from one City Department to another. City Department pursuant to Florida Statute 166.241 for fiscal year ending September. 30, 1992, Section 2_ That the City Manager be, and hereby is, authorized to take such measures as necessary to accomplish those transfers, including forwarding the revised Budget to the Florida Department of Revenue. PASSED AND ADOPTED this ,_,,.th day of October,. 1992. APPROVED: MAYOR ATTEST: CITY CLERK: READ AND APPROVED AS TO FORM: le- CITY ATTORNEY RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPOIN'T'ING RICK JORCZACK AS A MEMBER OF THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, TO SERVE IN SUCH CAPACITY FROM OCTOBER 5, 1992, TO OCTOBER 5, 1999 OR UNTIL A SUCCESSOR IS DULY APPOINTED AND QUALIFIED, WHICHEVER OCCURS FIRST. WHEREAS, there presently exists a vacancy on the Planning Board of the City of South Miami, Florida; and WHEREAS, it is therefore necessary to appoint a member to that Board; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section._,1. That RICK JORCZACK be, and hereby is, appointed as a member of the Planning Board of the City of South Miami, F3nrlda, to serve in such capacity from October 5, 1992, to October 5, 1999 or until. a successor is duly appointed and qualified, whichever occurs first. PASSED AND ADOPTED this ,,,,,_.._. th day of October, 1992. APPROVED; MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY RICK JORCZAK 5773 s.w. 76th Terrace South Miami, Fl 33143 ( 305) 663 2626 **, r�►, rtt*, rw�rw* w**+ t* �* ww, t, t, t* wwrrrtt*** w, rww, t* ,rww,rrrt *,rwwr,► * *,t *w *www,r,► Objective: Planning Board Umber HIGHLIGM' OF QUALXFICATIONS` * Competent, reliable, and committed professional, with a proven record of success in assuming increasing levels of responsibility. * outstanding organizational skills. * Strength in management of special projects and creative program design. * Skills in research, analysis and administrative problem solving. Articulate and persuasive in written and verbal presentations WORK HISTORY 1976 -1977 Naval Aviation Training Command Completed Naval Officer Candidate School and Naval Aviator training 1977 -1980 Patrol Squadron Twenty -Two, NAS Barbers Point, HI. Aircraft Commander, Division Officer 1981 -1983 Naval Recruiting District Chicago T -34 Flight Demonstration Pilot, Aviation Officer Recruiter. 1984 -1986 USS Nimitz, CVN 66 Gunnery Officer, Assistant Department Head, Bridge Officer 1966 -1988 Patrol squadron Ninety, NAS Glenview, IL. Aircraft Commander, Classified Publications Officer 1987 -1991 Pan American Airlines Airline' Transport Pilot, Flight Engineer 1992 mm, Inc., Production Engineer r r i EDUCATION and TRAINING B.S., Political Science and Philosophy Illinois State University, 1975 Aviation Officer Candidate School Pensacola, FL, 1976 . Naval Aviator Flight Training Pensacola, 'FL an4 Corpus Christi, TX, 1976 -1977 Airline Transport Pilot, 1990 Flight 8ngineer, 1987 EXPBRIlNCE Administrative and Operational responsibility for over H.� ^drab sailors why a serving as Gunnery Officer for the USS Nimitz Developed Marketing Plans and Public Relations Activities as an Aviation Officer Programs Recruiter for Navy Recruiting District Chicago Military Experience includes extended tours of duty as a Branch Officer, Division Officer, Department Read and Aircraft Commander. .._ 1 a.n..7 .,..Ari s� a" 3 4x1 4 "o Transport : Pilot for r Oi WmL 'adur +v j v.. .... .. ..�� Pan American Airlines Currently employed by DARE, Inc as a productions Engineer. Currently a student at Nova University, Masters Degree, Computer Education. r� wi s 1. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS ON BEHALF OF THE CITY OF SOUTH MIAMI REOUIRED UNDER THE FEDERAL ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT. WHEREAS, on August 24, 1992, Hurricane Andrew swept through the City of South Miami causing massive destruction within the City; and WHEREAS, the Governor of the State of Florida (by Executive Orders 92 -220E, 92 -222, and 92 -224) and the Dade County Mayor have both declared the existence of a state of emergency in Dade County; and WHEREAS, on August 23, 1992 at 11:00 A.M. the Mayor of South Miami, Florida, with the concurrence of the City Commission, declared an emergency and authorized the City Manager to take all necessary actions to prepare the City for hurricane conditions and to provide for cleanup and repair afterward; and WHEREAS, on August 24, 1992, following the above declarations, President George Bush declared a major disaster to exist under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the "Stafford Act "); and WHEREAS, it is vital that the City of South Miami, Florida, be able to enter into all agreements and execute all documents so as to obtain financial assistance from the'State of Florida and the United States Government under the Stafford Act; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The Mayor and City Commission of the City of South Miami, Florida hereby authorize the City Manager, William F. Hampton, to execute all documents necessary under the Stafford Act, including but not limited to, the Disaster Relief Funding Agreement dated September 18, 1992. �o Section 2. The Mayor and City Commission hereby ratifies the execution from August 29, 1992 to date by the City Manager of all grants and documents required under the Stafford Act as necessary in order to obtain assistance from other entities and otherwise necessary to preserve the public health, safety and welfare. PASSED AND ADOPTED this th.day of October, 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF "SHOPPING CENTER "_ IN SECTION 20 -3; 'PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida has heretofore enacted a Land Development Code providing for permitted uses of real property in the City of South Miami, which refers to "shopping centers ", but does not provide a specific definition thereof; and WHEREAS, the Mayor and City Commission wish to amend the Land Development Code to provide a specific definition for shopping centers; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 DEFINITIONS be, and hereby is, amended to include the following: SHOPPING CENTER- Shall mean a single structure designed for, and in which, a variety of predominantly retail product, and secondarily service, businesses grouped around a spacious common automobile parking facility for the customers of the businesses. Section 2. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining, portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. Section 4. This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this th day of , 1992. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Al 2 ':r ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CfTY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE SALE OF A PORTION OF THE "OLD SOUTH MIAMI PLANT NURSERY" LEGALLY DESCRIBED HEREINBELOW TO HABITAT FOR HUMANITY INC. FOR THE SUM OF -'$ 1.00 UPON "THE 'BASIS THAT THE SAID LAND IS NOT PRESENTLY SERVING; ANY PUBLIC PURPOSE; THAT QUALITY LOW COST HOUSING IS NEEDED IN THE CITY OF SOUTH .MIAMI, FLORIDA; AND THAT HABITAT FOR HUMANITY HAS A PROVEN RECORD OF PROVIDING OUALITY LOW COST HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami, Florida is the owner of the premises commonly known as the Old South Miami Plant Nursery, legally described hereinbelow and hereinafter called the "premises "; and WHEREAS, the City of South Miami has not uti117,E3 the premises for some time, nor does it appear feasible to utilize the premises for any public purpose in the future; and WHEREAS, the Mayor and City Commission find that there is a need for quality low cost housing in the City and that Habitat for Humanity Inc., a non - profit corporation, has a proven record of providinq such housing to persons who become homeowners, and therefore maintain the premises and pay a3 - valorem taxes to the City;; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section_..1_ That the City Administration be, and hereby is, authorized to sell to Habitat for Humanity Inc. the old South Miami Plant Nursery, legally described as follows: South 25.86 feet of I,ot 116 and East 11.25 feet of dl,ley lying west and adiacent closed per Ordinance 7 -79-1029, University Park, Plat Book 18 at page 46 of the public records of Dade County, Florida, lot size approximately 1,483 square feet; and Lot 117 and East 11.25 feet of alley Lying west and adiacent closed per Ordinance 7- 79-1029, University Park, Plat Book 18 at page 46 of the public records of Davie County, Florida, lot size approximsLQly 11,242 square feet; for the sum of S 1.00. Said premises to be sold "as is ", with no warcanties, and with a deed reverter clause requiring new single family honsing according to City of South Miami Code Standards to be build within a period of one - year- from the execution of the Deed. Section,.L. Tf any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no Way affPr.t the validity of the remaining portions of this Ordinance. Section. 3. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4.. This Ordinance shall take effect immediately at the Lime of its passage. PASSED AND ADOPTED this �__ day of October, 1992. ATTEST: CITY CI,1rRK - - -* _.. . READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR!_..__... --- .— .........__. -- __._... 2 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA DENYING A REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A "MOBILE AUTOMOBILE WASH /WAX SERVICE' USE IN THE LO, MO, NR, GR, I, AND H DISTRICTS PURSUANT TO SECTION 20 -3.4 (B)( "20) OF THE LAND DEVELOPMENT CODE BY ALVARO TELLEZ FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA WHEREAS, Alvaro Tellez requested the Planning Board of the City of South Miami for a Special Use Permit to allow a "Mobile Automobile Wash /Wax Service" use in the LO`, MO, NR GR, I and H Districts pursuant to Section 20 -3.4 (B)(20) of Land Development Cade of the City of South Miami, Florida; and WHEREAS, the City Commission Staff Report recommended approval of the request; WHEREAS, on June 9, 1992, the Planning Board voted to recommend denial of the request by a 4 - I vote; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION (5-F THE CITY OF SOUTH MIAMI, FLORIDA: Section-1.. That the request of Alvaro Tellez for a Special Use Permit to allow "Mobile Automobile, Service" use in the LO, MO, NR, GR, I and H Districts pursuant to Section 20 -3.4 (B)(20) of Land Development Code of ''tree City of South Miami, Florida be, and the same hereby is, denied. PASSED AND ADOPTED this __,,,th day of August, 1992. APPROVED: MAYOR ­` ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY A ;1!TORNEY �� - C. PB -92 -022 Applicant: Alvaro Tellez Request:; Special Use Permit to allow "Mobile Automobile Wash/Wax Service" use in the Lo MO, NR, GR, I and H Districts per § 20 -3.4 (B)(20) of the Land Development Code. Ms. Wright read the request. Planner Mackey reported that a special use permit is required for the applicant to operate a mobile automobile wash /wax service. Some of the building tenants at 5975 Sunset ;Drive raised money to make this application as is noted in the attached letter from the applicant. The requirements that govern this use were explained to the applicant by an interpreter and so long as those are adhered to, Staff recommends approval Chairman deemed public hearing opened and asked for those wishing to speak for this application: Alvaro Tellez signed in and explained the reasons for his request. He also has customers at 5979 Sunset Drive. Mr. Tellez stated in his letter that he uses no detergents or de- greasers. He stated that he uses special products for car washing. He will be operating in the front parking garage. There being no one else to speak for nor any one to speak against this request, public hearing was deemed closed. — Chairman Gutierrez declared the Board to be in executive session. Ms. Thorner asked how staff can recommend approval of this request when chemicals are used and there is "run- off ". Ms. Lama reported that it is assumed that the applicant intends to meet the conditions under which this request is granted and the City will do its best to enforce the requirements. Mr. Ligammare stated his disapproval of mobile car washes altogether as being unsightly; debris is left; it effects adjoining cars and their owners. Mr. Gutierrez understands Mr. Ligammare''s opinion but feels that there is a place for a mobile wash and it is needed for some people. His problem is with the ordinance itself. It should have a restriction that the work cannot be seen from the ROW. Ms. Wright moved to approve the request. Motion dies for lack of second. Ms. Thorner moved to deny the application. Seconded by Mr. Lefley. Vote: Denial approved: 4 Opposed: 1 (Wright) Deffe v�Fd Applicant: PB — 9 2-0 2 2 Alvaro Tellez Staff Report for,PB -92 -022 Request: Special Use Permit to allow "Mobile Automobile Wash/Wax Service" use in the LO, MO, NR, GR, I and H Districts per § 20 -3.4 (B)(20) of the Land Development Code. The applicant wishes to operate a "Mobile Automobile Wash/Wax Service" which is permitted by Special Use in the LO, MO, NR, GR, I and H Districts. The conditions are included here for your information. § 20-3-4 ( B) (2 0) : MOBILE AUTOMOBILE WASH/WAX SERVICE (a) No mobile service vendor shall station itself upon any public street or right -of -way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner which does not impede the flow of traffic in public streets or rights -of -way no: block pedestrian access to public streets or rights -of -way. (b) All mobile service vendors must provide_ for their own trash anc garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted. (c) No mobile service vendor shall remain in any one site longer tha. sixty (60) minutes. (d) Mobile service vendors must operate from four -wheel motorize, vehicles registered in the State of Florida. (e) No steam - cleaning, solvents, detergents and /or degreasers may b used. (f) No run -off into catch basins is permitted. (g) If soap is used, any run -off must be negligible and contained o private property. IN xWei MIS , 11714 0 tsm Staff recommends approval. PB-92-022 Tellez Special Use Permit Page 2 of Letter of Intent by APPLICANT June 8, 1992 City Of South Miami 6130 Sunset Drive South Miami Florida 33143 To Whom It May Concern: I am Alvaro Tellez, I operate a mobile car washing business I am requesting permission tc obtain a license to operate my business at the Sunset Station Plaza Building located at 5975 Sunset Drive. I have spoken with the owners of the building and they express a need for the services that I am able to render to their clients. It has been stated that if I may obtain a license that I can operate inside their building. I would also like to inform you that I meet all the requiremetns stated on the code sheet enclosed. I operate my business by the tenants requesting that I wash and wax their cars. I have not had any problems with anyone that I have previously render services. The tenants are completely satisfied and they have no complaints. This business I render is my livelyhood and provides food and shelter for my family. If I cannot operate it, then I cannot care for my family. Please consider my situation upon granting my request for this license. Your kindness and consideration will be greatly appreciated. I would like to take this time and thank you in advance for your conside- ration and time. Sincerely, Alvaro Tellez PB -92 -022 Tellez Special Use Permit Page 4 of 6 Letter from one property owner S1optropa, N.V. June 9, 1992 City Of South Miami 6130 Sunset Drive South Miami Fla 33143 To Whom It May Concern: Please be informed that Stortford N.V _ as owner of the Sunset Station Plaza Building located at 5975 Sunset Drive., South Miami; hereby authorizes Alvaro Teliez to operate mobile Car Washing operations in the premises. Very Truly Yours, Juan Courec Vice— President 5975 SUNSET DRIVE I SUITE 801 / MIAMI, FLORIDA 33143 / TEL: (305) 662.6637 PB -92 -022 Tellez Special Use Permit Page 5 of 6