02-05-91' OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING Next Resolution: 4 -91 -9080
7:00 PM ** *note special starting time Next Ordinance: 4 -.9I -1469
February 5, 1991 Next Commission Meet�ng:2 /19/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
Univeristy of Miami Students; winners in downtown South Miami
design competition
Charter Review Committee
D. Items for Commission Consideration:
a. Approval of Minutes:
1. December 18, 1990
2. January 2, 1991
3. January 15, 1991
b. City Manager's Report - discussion of financing; public works
c. City Attorney's Report and police station facilities
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of South 3/5
Miami, Florida; amending Section 20 -3, 3 of the Land Development Code
of the City of South Miami to provide specific definitions for Satellite
Antennas; deleting "Satellite Antennae" from Section 20 -3, 3 (E);
deletin special use conditions for "Satellite Antennas" in Section 20 -3.4
(B) (15?; creating Section 20 -5.23 Satellite Antenna Procedures; providing
for severability; providing for ordinances in conflict; and providing for
an effective date. (Mayor McCann /Comm. Cooper)
* *Public hearing portion was closed at the meeting of 1/2/91.
Commission consideration and vote continues at this meeting
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution approving requests for a waiver from Section 20- 4.2(C)(1) 3/5
of the Land Development Code of the City for required sidewalks,
curbs and gutters in the public right -of -way; and a partial waiver
from Section 20- 4.2(C)(1) of the Land Development Code of required
paving and drainage in the public right -of -way; both requests by
Mr. Stanley Toledo from the Planning Board of the City of South Miami,
Florida, for the property known as 6314 S.W. 49th Street, South
Miami, Florida, and legally described herein.
(Planning Board /Administration)
* *Public hearing portion was closed at the meeting of 12/18/90.
Commission consideration and vote continues at this meeting
6. A Resolution of the Mayor and City Commission of the City of South Miami, 4/5
Florida approving a request for a variance from dimensional requirements
for non - residential districts, Sec. 20 -5 (G) of the Land Development Code,
to permit a front set back of 10 feet where 20 feet are required, requested
by Metro -Dade Fire Department from the Planning Board of the City of South
Miami, Florida for the property known as 5860 SW 70 Street, South Miami,
Florida 33143, and legally described herein.
(Planning Board /Administration)
7. A Resolution of the Mayor and City Commission of the City of South Miami, 4/5
Florida denying requests for a request variance from Sec. 20 -4,4 (B) (11)
of the Lana Development Code to allow nine parking spaces where twenty -
three are required pursuant to Sec. 20 -3.3 (D) for use as.ian automobile
repair and body shop; requested by Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley from the Planning Board of the City
of South Miami, Florida for the property known as 5786 Progress Road ,
South Miami, Florida, and legally described herein.
(Planning Board /Administration)
k.
REGULAR CITY COMMISSION MEETING
FEBRUARY 5, 1991
PAGE 2
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of a Microfilm /Jacket Sytem
for a total price not to exceed $9,000.00 by the Building and Zoning
Department and providing for disbursement from Account Number 1610-
3480 "Microfilming ".
(Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida authorizing the City Administration to enter into a
contract with Willie Tompkins for the operation of a concession stand
at Murray Field.
10 A Resolution of the Mayon and City Commission fo the City of South
Miami, Florida, expressing support, gratitude and Goodwill to the
troops of the United States of America and to the troops of the
Allied Nations as they preserve the free world.
(Mayor and Commission) 3/5
11. A Resolution of the City of South Miami, Florida, appointing
Sharlene Butler as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until
a successor is duly qualified and appointed.
(Mayor) 3/5
12. A Resolution of the City of South Miami, Florida, appointing
Clarence Patterson as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
(Mayor) 3/5
13. A Resolution of the City of South Miami, FL, appointing Stanley Sterbenz
as a member of the -City of South Miami Recreation Board to service in
such capacity until February 1, 1993, or until a successor is duly
qualified and appointed.
(Mayor) 3/5
14. A Resolution
Jim Wiegrefe
to serve in
successor is
of the City of South Miami, Florida, appointing
as a member of the City of South Miami Recreation Board
such capacity until February 1, 1993, or until a
duly qualified;iand appointed.
(Mayor) 3/5
15. A Resolution of the City of South Miami. Florida, appointing.
Sandra Witherspoon as a member of the City of South Miami Recreation Board
to serve in such capacity until February 1, 1993, or until a successor
is duly qualified and appointed.
(Mayor) 3/5
16. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of one Pro Mark Model 410 -
Chipper for the Public Works Department for a total price not the
exceed S22,056 and providing for disbursement from account number
1720 -6430
(Administration) 3/5
17. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a waiver of Bid Procedures for the
City's Finance Department purchase of Computer Software as set
forth hereinbelow upon the basis that there is one source of supply
authorizing an expenditure not to exceed S14,056.83 to City Computer
Solutions Inc. for this software, charging the disbursement to
Account No. 1410 -6430: "FINANCE DEPARTMENT - EQUIPMENT ".
(Administration) 3/5
REGULAR CITY COMMISSION MEETING
FEBRUARY 5, 1991
PArF I
ORDINANCES FIRST:READING
18. An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of "Physical Therapist" in Section 20 -2. 3; permitting
"Physical Therapist" under Section 20 -3.3 (E) of the permitted use
schedule as a special use in Ro, Lo, and Mo Districts; providing for
special use requirements under Section 20 -3.4 (B) by adding a new
Subdivision (15); providing for severability, ordinances in conflict
and an effective date. (Mayor McCann)
REMARKS
Linda Werner, At Ease, 5844 Sunset Drive, to address the City
Commission regarding fines received for alarms that
were determined, by the City, to be "false ".
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing. such
person will need to ensure that a verbatim record of the proceed;ngs is
Aade, which record includes the testimony and evidence upon which the
appeal i.s,,based.
4/5
ORDINANCE 110. '_O -QO- 1450 -a,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR SATELLITE ANTENNAS;
DELETING "SATELLITE ANTENNAE" FROM SECTION 20 -3.3 (E) ;
DELETING SPECIAL USE CONDITIONS FOR "SATELLITE ANTENNAS"
IN SECTION 20 -3.4 (B)(15); CREATING SECTION 20 -5.23
SATELLITE ANTENNA PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Satellite Antenna "; and
WHEREAS, the Mayor and City Commission desire to regulate and
make provisions for existing antennas which already installed; and
WHEREAS, the Mayor and City Commission desire to change the
procedure under which satellite antennas and microwave dishes are
permitted in the Land Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be and the same is
hereby amended to include the following definitions:
ANTENNAS, SATELLITE EARTH STATION. Shall mean antennas restricted
to the sole purpose of receiving and amplifying microwave signals
for television reception and shall be permitted in residential and
commercial zoning districts.
ANTENNAS, MICROWAVE. Shall mean antennas restricted to the sole
purpose of receiving and /or transmitting and amplifying microwave
signals and shall be permitted in commercial districts only.
Section 2. That Section 20 -3.3 (E) Permitted Use Schedule be
and the same is hereby amended to delete the use
"satellite antennae" from the schedule as follows:
ZONING DISTRICTS
R RI RI RI RIRIRIR�RILIMINISIGIIJPIP!
S SIS SJTITIMIM O�OIOfRIRIRI 'IIR!
1 2I3 4i6 9$I4,
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Sec7- ion 2 That Section 20 -3.4 (B) (15) of the Soecial Use
Conditions be and the same IS hereflv_ amenaea
contain the followina:
2_. i RESERVED.
Secticn That Section 20 -5.Z3 SATELLITE ANTENNA PROCEDURES
be and the same is herebv created as follows:
(A) SATELLITE EARTH STATION ANTENNAS:
That plans of satellite earth Station antennas shall be
submitted with each application for a building permit. which
shall include a site plan indicatina the height, diameter,
color, location, setbacks, foundation details, landscaping and
screening, and that such plans shall be subject to approval
by the E.R.P.B. and that such antennas shall be subject to the
following standards:
1. Location
(a) In all RS, RT -6 and RT -9 Districts only ground- mounted
antennas shall be permitted and such antennas shall be
located in the rear yard of that property or in the
interior side yard and not visible from the street.
(b) In all other districts, roof - mounted antennas shall be
permitted, provided, however, that such antennas shall
be screened from ground view by a parapet or some other
type masonry wall or screening. The minimum height and
design of such parapet, wall or screening shall be
subject to approval by the E.R.P.B.
(c) Ground - mounted antennas shall also be permitted in the
RM -18, RM -24 and commercial districts subject to the
applicable provisions of this section.
2. Landscaping
(a) Ground mounted antennas shall be screened by landscaping
from view from the street and adjacent property owners
so that such antennas are not visible between ground
level and eleven (11) feet above ground level as shall
be approved by the E.R.P.B.
(b) In order to reduce the height of the required plant
material, berms may be employed in conjunction with the
landscaping plan. All plant material, size (at
installation), quantity and spacing shall be specified
on the landscaping plan or site plan.
3. Diameter
(a) The diameter of such antennas shall not exceed ten (10)
feet un all RS, RT -6 and RT -9 Districts.
(b) The diameter of such antennas shall not exceed fifteen
(15) feet in all other districts.
Height
(a) Ground - Mounted antennas shall be limited to a maximum
height of eleven (11) feet above grade in all RS, RT -6
and RT -9 Districts and a maximum of fifteen (15) above
grade in all other dustricts.
✓; Roof- mounted antennas shat) he _united to a maximum
height cf fifteen ( 15 ) feet above the roof.
r-
Setbacks
Ground - mounted satellite antennas in the most extended
position shall conform to the following minimum setbacks:
(a) _. Rear and Side
in all RS, RT -6 and RT -9 Districts fifteen ( 15) feet
and in all other districts, rear and side setbacks
shall be provided as are required for the principal
building on the building site.
ii. Setbacks from Power Lines
Satellite antennas or any appurtenances thereto,
shall be located not less than eight (8) feet from
any powerline over two - hundred fifty (250) volts.
(b) In no case shall such satellite antennas be located
closer to the front or side street of a lot or building
site than the main or principal building.
(c) Where such a satellite antenna is located on a building
site which is fronting upon two or more streets, the
antenna shall maintain the same setback as required for
the principal building along each such street.
6. Impervious Coverage
The impervious coverage of such antennas shall be counted
in computing the impervious coverage for auxiliary and
accessory use structures located upon the building site.
7. color
Such satellite antennas and their appurtenances shall be
non - reflective black, green or the same color as the wall
to which it is attached (if not freestanding) and, to the
extent possible, shall be compatible with the appearance
and character of the neighborhood.
8. Number Permitted
Only one (1) satellite antenna shall be permitted for
each principal building.
9. Installation
(a) The installation or modification of all satellite
antennas shall be in accordance with all applicable
construction and safety codes and procedures and shall
meet the requirements of the South Florida Building Code.
(b) Roof - :counted antennas shall be anchored to the roof and
shall conform with the requirements of the South Florida
Building Code.
All antennas and appurtenances shall be so constructed
anti installed so as to withstand the forces due to wind
-oressure as provided for under the South Florida Building
Code, and ail anuiications shall include signed and
sealed drawings by a professional engineer.
10. Maintenance
Such satellite antennas, .appurtenances, landscapina and
screenina shall be kept and maintained in, acod condition.
-1. Existing Antennas
All antennas installed crier to Auaust 21, 1990, must be
brought into compliance by February 18, 1991 (180 days).
In order to appear before the E.R.P.B., each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Building Code and would not be an undue
hazard to the community of the City of South Miami.
12. Permit Required
All satellite antennas located in the City of South
Miami, Florida, must have a permit.
(B) MICROWAVE ANTENNAS:
That plans of such microwave antennas shall be submitted with
each application for a building permit, which shall include
a site plan drawn at a scale no smaller than 1 "= 20' -0"
indicating the diameter, screening, location and setbacks from
property lines and edges of building, a mounting detail drawn
at a scale no smaller than 1/211= 1' -0" indicating the height,
color and method of installation of the antenna and that such
plans shall be subject to approval by the E.R.P.B. and that
such microwave antennas shall be subject to the following
standards:
1. Location
In commercial districts only, roof - mounted microwave
antennas shall be permitted, provided, however, that such
antennas shall not be visible from the ground. Screening
from ground view may be provided by a parapet or some
other type of masonry wall or screening.
2. Diameter
The diameter of such microwave antenna shall not exceed
five (5) feet.
3. Heiaht
Roof - mounted antennas shall be limited to =_ maximum
height of ten (10) feet above the roof in their most
extended position.
4. Setbacks
a) Roof - :counted microwave antennas, in their most extended
cositicn., =hall confer.:, t:, the setback reaulrementS =or
the principal buildinw cn the buildina site.
.b) microwave antennas or any appurtenances thereto, shall
be l ccated not less t::an s i a_ ht 1 3 ) feet from any power
line over two hundred fifty (250) volts.
Color
:Microwave antennas and anv apnurtenances shall be white
or shall be the same color as the surface to which they
are attached.
e. Number Permitted
Only one (1) microwave antenna shall be permitted for
each principal building.
7. Installation
(a) The installation or modification of microwave antennas
shall be in accordance with all applicable construction,
safety codes and anchoring procedures and shall meet the
requirements of the South Florida Building Code.
(b) The microwave antenna and appurtenances shall be
constructed and installed so as to withstand the forces
due to wind pressure as provided in the South Florida
Building Code, and all applications shall include signed
and sealed drawings by a professional engineer.
8. Maintenance
Such microwave antennas,, appurtenances and screening
shall be kept and maintained in good condition.
9. Existing Antennas
r
All antennas installed prior to August 21, 1990, must be
brought into compliance by February 18, 1991 (180 days).
In order to appear before the E.R.P.B. each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Building Code and would not be an undue
hazard to the community of the City of South Miami.
10 Permit Reauired
All microwave antennas located in the Citv of South
Miami, Florida, must have a permit.
Section f. If anv_ 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 o. All Ordinances cr oarts of Ordinances _n conflict
herewith be and the same are hereby repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of , 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
6
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;. 2 () ORDINATTCE : n.
` ORDINANCE AMENDING SEC -10T' -0 -2.3 ^r T:iE LANs`
1Fj1ET OPMFTtT CODE OF 7-7F ... _ _ -n VDOVIn7 C- JECIETr
DEFIti'ITIONS FOR SATELLITE :NTE'?vAS , DELETI VC "S ATE.�LI C._
ANTE.TNA" FRCM SECTIOTT 20- .i,?(?1; nELE?'I:vG SPECIAL SITE
CONDITIONS FOR "SATELLITE ANTE NA PROCEDURES"; PROVIDING
FOR SEVERABILITY; PRO17TPING FOR ORDINANCES ON CONFLIC. AND
PROVIDING AIN EFFECTIVE DATE.
'loved by Llfavor McCann, seconded by Commissioner C000er,
this be considered the first reading of the ordinance in it
entirety and it be placed on seccnc� reading and public hearing
after receivine recommendations from the Planning Board.
'-Savor VcCann stated her amain concern is safety so the
oroposal is that a existing antennas must have a certified;
statement frog a Drotessional engineer that t:-ie existins antenna
does conform to the South Florida Ruil.dine Code but this can be
accomolished without the collars for a special use Provision
which will save that fee. It will he 1-75.Y0 for a permit, but
the S250 residential special use _fee and S45n commercial special
use fee will ',e eliminated. Vice-Mayor Carver reiterated that
there will be only a one time S75. ()n permit fee.
Moved by Commissioner Launcelott that pages and 5 he
amended so existing antennas are sranrfatherer!vrandmotnerec in.
`lotion did not receive a second.
Moved I-)v Ccmmissioner Launcelott the height for antennas
amended to urn to 1 for better reception. `lotion did not
receive a second.
`fovea Co: ^is s ioner. Launcelott that Page 2 ':)e amended to
state that round- mounted antennas in all 4istricts , '_ncludinz
RS, '?T -r" anti -e permitted to "ne a minimur+ o` 1"'' ahove
ara.de. `lotion ci: not receive a second.
Commissioner Launcelott noted that the antenna setbacks
snoul:: ;tart fro: the overhans not from the house, t:ZUS the :5'
criteria is not ractical. ',favor "cCann said -ariances could ;e
requested -z areas ::here the 1:' setback is a problem.
''oticn on cr ^finance passe^ '�: "avor "cCann, .,ea; "`.ce-
"avor Carver, ;yea: Commissioner = auncelott, .;ea; Commissioner
3anks -.-ea: C:,mmis -zioner ':goner, ea.
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
WAIVER FROM SEC, 20 -4.2 (C) (1) OF THE LAND
DEVELOPMENT CODE FOR REQUIRED SIDEWALKS, CURBS AND
GUTTERS IN THE PUBLIC RIGHT -OF -WAY; AND A PARTIAL
WAIVER FROM SEC. 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT
CODE OF REQUIRED PAVING AND DRAINAGE IN THE PUBLIC
RIGHT -OF -WAY; BOTH REQUESTS BY MR. STANLEY TOLEDO FROM
THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA
FOR THE PROPERTY KNOWN AS 6314 S.K. 49th STREET, SOUTH
MIAMI, FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Mr. Stanley Toledo requested the Planning Board of
the City of South Miami as follows:
(1) a waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required sidewalks, curbs and gutters in the public
right -of -way; and
(2) a partial waiver from Sec. 20 -4.2 (C) (1) of the Land
Development Code of required paving and drainage in the public
right -of -way;
both requests for the property known as 6314 S.W. 49th Street,
South Miami, Florida, which property is legally described as
follows:
East 1/2 of the NW 1/4 of the NE 1/4 of the
SW 1/4, less the South 125 feet and less the
North 285 feet, of Section 24, Township 54
South, Range 40 East, lying and being in Dade
County, Florida;
WHEREAS, on November 27, 1990 the Planning Board vcted to
approve waiver zeauest no. 1 With recommendations to the City
Commission (a copy cf which is attached hereto) by a 5 - 1 vote
and to approve partial waiver request no. 2 with recommendations
to the City Commission (a copy of which is attached hereto) by a
- ? vote; and
WHEREAS, the City Commission Staff Report recommended the
B d "carefully consider and evaluate" both requests;
NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND TuV. r.TTY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That request no. 1 of Mr. Stanley Toledo for a
waiver from Sec. 20 -4.2 (C) (1) of the Land Development Code -;Or
required sidewalks, curbs and nutters in the public .sight -of-
way for the property known as 6314 S.W. 49th Street, South
Miami, Florida, be, and the same is, hereby approved.
Section 25. That regue5t no. 2 of Mr. Stanley Toledo for a
partial waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required paving and drainage in the public right -of -way
for the property known as 6314 S.W. 49th Street, South Miami,
Florida, be, and the same is, hereby approved.
PASSED AND ADOPTED this th day of December, 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
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STAFF 1::? EI=1O1:;_' T
PB -90 -018
.ppiicant: Stan Toledo
November 1990
:eauest R1: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request n2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
ANALYSIS
The applicant seeks to waive the requirement to provide
sidewalks, curb, gutter and provide an alternative paving plan for
those three dedicated rights -of -way surrounding the property. The
applicant intends to develop the property with five single - family
residential homesites.
RECOTIMENDATION
The staff recommends that the Board carefully consider and
evaluate the proposal, in order to best recommend to the Commission
zhe improvements most appropriate for this area and in the best
interests of the citizens of the Citv of South Miami and neighbors.
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, November 27, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the Plannina Board of the City of South Miami will
conduct a Public Hearing on the -following matter.
On Tuesday, December 4, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Stan Toledo
Request nl: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request n2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township..54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
OU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
O ANY 'RATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
?OGEE =INGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE 714AT A VERBATIM RECORD OF THE PRO —
cEDINGS IS MADE, '.VHICH RECORD INCLJDES THE TESTIMONY AND EVIDENCE 'UPON WHICH THE APPEAL
9 TO BE BASED. =. S. 236. 010S1
HEARING WILL 3E HELD IN THE COMMISSION CHAMBERS A—, -4E CITY HALL, 6130 SUNSET DRIVE, =OUTH
FLORIDA, AT THE TIME AND DATE STATED ABOVE,
NTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
SON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
?EA INVOLVED. THE BOARD'S RECOttMENOATION ON THIS NIATTER WILL 13E HEARD BY THE CITY COMMISSION
1TURE =ATE. 'ITERESTED PARTIES REQUESTI,^4G INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
DIRECTOR BY CALLING 667 -5691 CR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
RY.
•7 ez '�Ev. IZ -9 -e1 THIS 15 A COURTESY NOTICE
PLANNING HOARD
We regiest that the subject property be developed with the intent
`to preserve as much of its present natural serenity so that only a small,
negative impact on the neighborhood and on the envircnmental ins
would occur. The rests sought at this public hearing will yield to
fewer trees being destroyed or replaced. To =rt=e S.W. 50th Street as
a street improvement thru the southern portion of the property would mean
destroying over twelve, stately, beautiful trees that are nestirx3 sights
for sr_ rrel s and birds. The increased traffic will hinder the life
styles of long- established residents who cherish the privacv afforded
them along the dead -end section and residents with your children playing
near the street that has very little traffic presently along S.W. 50th
Street. The non- =rt3.i=tion of the street would note impede traffic
since the street staggers at S.W. 64th Avenue.
The immediate streets within the city limits of this South Miami
neighbmthood are totally free of sidewalks. The lack of sidewalks adds
to the tr*>z,i 1 beauty since mmtiermus trees flourish where sidewalks
would exist.... thus no sidewalks.
We request that the pavement on S.W. 63rd Avenue not be widened
from S.W. 49th Street and S.W. 50th Street, as it would not serve to
enhance traffic flow.... nor would it have to be made a one -way street
since the pavement is narrow southward with two -way traffic. The narrow
road is preferred by neighbors since it retains the character of the
area's c aatry setting as it meanders southwat . over one -half mile to
Miller Road.
The southwest corner of the property that abuts the dead -end of
S.W. 50th Street has a cluster of trees in that per. Tb preserve the
trees, the street access to one lot in that same corner would only be a
ocmt=uation of the dead -end that ccaplies to Dade county street
codes. however, a T-tL= will be consbn=ted to pride
easy t=i-around for vehicles entering the dead -end.
SumIInaty: There is a definite hardship Vlat runs with the nature of
the land if all street and sidewalk imp -Vired.
Witness Stairiley Tbl _
Witness % l/ / Irwin gaskin, Tnist r
*0 1 0 �0i i • • • 91
Before me personally appeared Stanley Toledo and Irwin Raskin,
Trustee to me well known and }mown to me to be the pe=cm described in
and who executed the foreCTOing instn�, and ac)a=1edged to and before
me that they executed said instrument for the purposes therein expressed.
WITTiFS,S my hand and official seal, the 16th Day of October, 1990.
Notary Public- State srf;- 'lorica
My C==;ssicn E=ires:
NOTARY PUBLIC STATE OF FLORIDA
MY C =.. SSiO;.' EX?. ... 13.1590
5C4:..
I I Letter of Intent for -TDort-,cn NOT Included
RE: Folio -T"r09-4024-000-0750 Legal descrizticn: E 1/2 Of NW 1/4
of NE 1/4 of SW 1/4 less S 125 Ft. and less N 285- Ft. thereof, Section
24, Township 54 South, Range 40 Fist, lying and being in r)ngp County,
Florida as 1.87 acres, M/L
We are reauestm-g waiver of plat fcr 2.50 Ft. of the north p=ricn
Of the above Parcel. We are retaining the south 25 Ft. to sell to three
adjacent property Owners directly south and c==gucus to said propertj,
Witness
Witness
Stanley To
Irwin Raskin, 'Trustee
Before me persmaly appeared Stanley Toledo and Irwin Raskin►
Trustee to me well known and known to me to be the persons described in
and who executed the foregoing instr ++A*++•, and ad mawledged to and before
me that they executed said instnmerrt for the purposes therein expressed.
WITNESS my hand and official seal, the 16th Day of October, 1990.
Notary' Publicr/ Statezdf//FlE�
MY Camission Expires:
A0TA4Y NE -11C STATE v" rLORIDA
STATE OF FTCRMA
COJNI.'Y OF DA
Before me personally appeared Stanley 'Ibledo and . --= Raskin,
Trustee to me well known and }mown to me to be the persons described in
and who em=ted the foregoing int=ent, and acknowledged to and before
me that they evecuted said instrumnt for the u=poses therein expressed.
WIMMSS my hand and official seal, the 16th Day of October, 1990.
Notary Public, Stat of Florida
My C=issicn Expires:
NOTARY P"12LIC ST .-Tr OF FLORIDA
AY C01AiSSi�Ii Fx:. 6'C9 1S,1Ss0
800"0 TH�B GE ""RU I:.,. LIQ.
CitU of South Miami
r 0130 Sunset Drive. South Miami. Fioncia 33143
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD_
STAN LEY ,0i,.�= DG I iN I
oDerty Owner: ' Sianature:
dresS:' i 5 i B5 TERR I Phone Number: 7 _ F,p f ,j
�30� � 2 3 '
oresented Bv: �� ic!_Zt Oraanization:
OWNER
ziress :(5AM i ° Phone:
it ,
chitect: Phone:
gineer:�, 3ogFl L_ &C6.. IN(. Phone: 262 -g77S
ner X Option to purchase _ Contract to purchase _ Copy attached? I�
ap ,;cant is not owner, is letter of authority from owner attached?
t(s)
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
Block Subdivision
: -es and Bounds: E' /m- o-� N W 'fy 4 NE '/y a� S y�l �� �eSS 5.125 FT. � leis 6,2 6S
ereo-t , sNcfi. '? q, 7WF �`f 50, i fie- e 40 kas7, )Y,� a:+h �i►�c� � ►� 1�� �'.�ut�'ry.
ori�a.,'i ►.c� 87 Acres, M/L- ��Fo,_co Dq-- h — c07�a�
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
_ Variance Special Use
Home Occupational License
Rezoning Text Amendment to LDC
FUD Approval PUD Majcr Change
3riefly explain application and cite specific Code sections:
NA IV ttz..- 0 r M c' iz =, v c.t -�-t ; : 17 — i I 2 0—
FU c I�cj ir,- tzcc �I(Z
I V J ,p c. A--i ; C AA-? ant 17 - A ; No iv c�L- t C I+✓ Pc R N (r t� �� ►,�c
SUBMITTED MATERIALS
X
Letter of intent,P'r
Hardship statement '�
Reasons for change
For rjo.1 .NOT tociudM
See A-7f"-+4mi- le•r+er
Proof of ownership
Power of attorney
Contract to purchase
X
Current survey
k Site plan (5r"copies ) V
Required fee(s)
The undersigned has
_nfortation and all
zo he best of the
mate
read this completed application and represents the
submitted materials furnished are true and correct
applicant's knowledge and belief. L
�2GC� -» t ✓,r ^`..: ELK , ! -4. *� 1 ��!�1 •^'�
J
%onlicant's Sianature and title
'Don receipt, applications and all submitted materials will be reviewed fcr
:ompi_ance wit: Cat., C:.des and other appi_zable rsaula�_cns. !Dvlicstions
'ound t'jk5mpliance will be rejected and returned to the applicant.
USE ONLY
DATE '7B--F' ING //— / -�
DATE FILED /G —/:L
COMMISSION
ACCEPTED REJECTED
PETITION REQUIRED AL
INE OTHER INFO PETITION ACCEPTED
PER
'� it
IN
- i.
- ------------------------
. �00
.17
S 'T�
am—�
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, December 18, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
iV:=j8j=83
Applicant: Stan Toledo
Request #1:
Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request #2:
Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal:
East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location:
6314 SW 49 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS 15 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. ;F. 5. 286. 0105)
JBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
IAM1, FLORIDA, AT THE TIME AND DATE STATED ABOVE.
LL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
GHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
IE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL Be HEARD BY THE CITY COMMISSION
A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
:KING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
!QUIRY_
PLANNING BOARD
8100 -7 Bz REV. Iz_9 -91 THIS IS A COURTESY NOTICE
STAN MIEDO
IRS411 RAS=
9095 S.W. 87th Avenue
Miami, Florida 33176
December 12, 1990
City of South Miami n mttissioners and Mayor
RE: 6314 S.W. 49th Street
Dear Sirs:
We were dedicating 50 feet for street right of way referred, to as
Parcel "E" on our submitted waiver of plat survey. We also submitted a
letter of intent to retain 25 feet of the southern most portion of the
property and stated we intended to sell, to three adjoining property
owners.
Please accept this letter as an moment to the above proposals.
We will retain the northern most 200 feet of the property (referred to as
Parcels "A," "B, " "CIO' "D, " and "F" in our submitted survey) . The legal
description of our property indicates cates that we own 25 feet south of the 50
feet dedicated street right of way. If, in fact, we own the 25 feet,
then the three adjoining properties are encroaching on our property -
Thus, we are ackrx wledging in this letter to be submitted to the hearing
before the Mayor and Commissioners that we are dedicating 75 feet ... 50
feet for street right of way and 25 feet for proper redistribution to the
three adjoining properties. We are not obligating ourselves to any
eacpenses or legal oamnitment that may arise with this dedication.
dedication and deed of any rights we may have to title of the 25
feet, we will have released our rights to the 75 foot width parcel.
Sincerely,
Stan Toledo
-. -T h•
`i
THIS INSTRUMENT PREPARED BY: Folio Number:
Carol F. Keys, Esq. 09- 4024 -CM -0750
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
THIS QUIT -CLAIM DEED, executed this iK day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to EDWARD B. DAVIS AND PATRICIA K DAVIS, his wife, whose
post office address is 6327 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party° and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 153 ft. of the South 25 feet of the East k of NW ;of NE 4- of SW 4- less
South 125 feet and less North 285 feet of Section 24, Township 54 South, Range 40
East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same togetherwith all and singularthe appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
L.S.
. „�,,� ; i.•.� �.�.f. /� ,�� L.S.
Irwin Raskin, Trustee
STATE OF FLORIDA,
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this /.!:. day of December A.D. 1990.
DTil ►;
My 'CommissiorrExpr
90150.C.8
NOTARY PUBLIC, STATE OF FLORIDA
THIS INSTRUMENT PREPARED BY:
Carol F. Keys, Esq.
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
Folio Number:
09- 4024 -000 -0750
�1
THIS QUIT -CLAIM DEED, executed this (i day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to RALPH J. IRELAND and GERTRUDE IRELAND, his wife,
whose post office address is 6301 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 80 feet of the East 105 feet of the South 25 feet of the East i of NW 4 of NE
4 of SW 4 less South 125 feet and less North 285 feet of Section 24, Township 54
South, Range 40 East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same together with all and singularthe appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
/ ��
`— 'St ley To
S.
L.S.
i Irwin Raskin, Trustee
STATE OF FLORIDA,
COUNTY OF DADE
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this : = =Zday of December A.D. 1990.
NOTARY PUBLIC, STATE -OF FLORIDA'
My Cc
a.aaa
90150.C.10
THIS INSTRUMENT PREPARED BY: Folio Number:
Carol F. Keys, Esq. 09- 4024 - 000 -0750
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
THIS QUIT -CLAIM DEED, executed this i day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to MANUEL ALVAREZ and TRACEY ALVAREZ, his wife, whose
post office address is 6311 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 80 feet of the East 185 feet of the South 25 feet of the East 2 of NW 4 of NE
4 of SW 4 less South 125 feet and less North 285 feet of Section 24, Township 54
South, Range 40 East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
L.S.
�-- � to ey Toledo
>i�� .✓ ��.i i % 1/ `�'�.�C; ?�lt�_ �'TLLV1 L.S.
Irwin Raskin, Trustee
STATE OF FLORIDA,
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS•my hand and official seal in the County and State last aforesaid this ";,!16 day of December A.D. 1990.
NOTARY PUBLIC, STATE'OF FLORIDA
Oto
:1 b-o L
My Com ,ssio
90150.C.9
Verbatim of motion by Manuel Gutierrez, Jr., PB Meeting 11 -27 -90
Stan Toldeo application.
Request #1: "I would like to make a motion to approve Request #1
which is granting the waiver of the required sidewalks, curbs and
gutters in the Public Right -of -way per Section 20 -4.2 ( C) (1) of the
adopted Land Code with the following recommendation to the City
Commission. That the sidewalk requirement on SW 49th Street (on
the North side of the property in question) shall not be waived.
Said sidewalk to be constructed as per City of South Miami
standards as much as possible, considering that adjustments shall
be made in the sidewalk design to avoid cutting down any mature
trees whenever practically possible. The owner shall prepare and
submit to the City Commission a survey showing the proposed
sidewalk and existing trees in the property. Said submittal shall
be made prior to or in conjunction with the owner's building permit
application for any development of the lot in question or part of
it. Recommendation #2: That this waiver is not perpetually granted
and the City of South Miami has the right, at any time, to amend
that the applicant or future owners of the property will complete
the balance of the required sidewalks, curbs and gutters."
Seconded by Mr. Parr.
Vote:
Request 12:
Approved: 5 opposed: 1
(Jenkins)
Manuel Gutierrez, Jr.: "I would like to make a motion that Request
#2 will be approved and grant the partial waiver of the required
sidewalks, curbs and gutters in the Public Right -of -way per Section
20 -4.2 (C)(1) of the adopted Land Development Code with the
following recommendation to the City Commission. I would like to
recommend that an alternate paved access be submitted other than
the one presented to us today in the blueprints.. Said alternate
plan will be presented in the way of a survey, again showing the
proposed paved access and the mature trees in the property,
avoiding cutting down the two trees whenever practically possible.
This submittal to the City Commission is to be made prior to or in
conjunction with the owner's building permit application for any
development of the lot in question or subsequent owners."
Seconded by Mr. Parr.
Vote:
I;i -
Approved: 5 Opposed: 1
(Jenkins)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST FOR A
VARIANCE FROM DIMENSIONAL REQUIREMENTS FOR NON-
RESIDENTIAL DISTRICTS, SEC. 20 -5 (G) OF THE LAND
DEVPLOPMENT CODE, TO PERMIT A FRONT SET BACK OF 10 FEET
WHERE 20 FEET ARE REQUIRED, REQUESTED BY METRO-DADE
FIRE DEPARTMENT FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5860
S.W. 70TH STREET, SOUTH MIAMI, FLORIDA 33143, AND
LEGALLY DESCRIBED HEREIN
WHEREAS, the Metro -Dade Fire Department .requested the
Planning Board of the City of south Miami for a variance from
Dimensional Requirements for Non - Residential Districts, Sec. 20--5
(G) of the Land Development Code, to permit a front set -back of
10 feet, where 20 feet are required, for the property known as
5860 S.W. 70th Street, South Miami, Florida 331430 which property
Is legally described as follows:
See--attached Exhibit "All
WHEREAS, on January 8, 1991 the Planning Board voted to
grant the variance request by a 4 - I vote; and
WHEREAS, the City Commission Staff Report recommended the
Board deny the request;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of the Metro -Dade Fire
Department for a variance from Dimensional Requirements for Non -
Residential Districts, Sec. 20 -5 (G) of the Land Development
Code, to permit a front set -back of 10 feet, where 20 feet are
required, for the property known as 5860 S.W. 70th Street, South
Miami, Florida 33143, be, and the same is, hereby granted.
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
r�
APPROVED:
MAYOR
2
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aloe 44ld NVAtklo44ttAi V Rtgkt-td -WaV 44.94 04 S.tatt Road Rio. 5 ( U, S.
No.,f) joA a dl4taRce of 51,31 jttt to tkt Pfj.4t of 34giKRlKg.
Coata.4aZKg 31.561 4quaAe 444t aoxt OA 4444.
Exhibit "A"
City of South Miami
NOTICE OF PUBLIC HEARING
On Tuesday, February 5, 1991, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
PB-90 -031
Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
6 TOOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS 15 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA. AT THE TIME AND DATE STATED ABOVE.
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Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
PB Minutes 1 -8 -91
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
Assistant Chief for Supportive Services for MetroDade Fire
Department J. J. Brown signed in. Chief Brown gave a brief history
of this project. Ms. Gonzalez asked if this station differs from
that which was contemplated when the City and the County reviewed
the Bakery Center development. Chief Brown explained that it
differs in that the original discussion involved the example of the
Kendall station. This is a variation of that project and is
somewhat larger.
Mr. Lefley asked why the station wants or needs to move from its
present location, was advised that since women are now members of
the department, dormitories have different requirements. The
present location's size does not allow for this expansion. Services
can be increased from this location when future funding becomes
available.
There being no one else wishing to speak on this subject, Mr.
Gutierrez closed the Public Hearing and asked for comments from
Staff .
Mr. Mackey stated that the front setback is the only difficulty
with this project at this point.
Mr. Gutierrez feels that the square footage could be reduced by
further architectural design modifications.
Mr. Parr made a motion to approve the request.
Seconded by Mr. Eisenhart.
Vote: Approved: 4
Opposed: 1
(Gutierrez)
S TAF F REPORT
Ps -90 -031
Applicant: Metro -Dade Fire Department
January 4, 1991
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
ANALYSIS
The applicant wishes to construct a fire station on property
adjacent and part of the MetroRail site to serve the area
surrounding with fire rescue services. The applicant is utilizing
predesigned configurations and will be unable to fit the
standardized project on the existing site. The applicant is
seeking variances in order to accomplish construction.
RECOMMENDATION
Staff recommends denial.
Note: Site plans, floor plans, elevations will be presented at
the night of the meeting.
City of South Miami
6130 Sunset Drive. South Miami. Florida 33143
N%4;�JOF APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
Property Owner: Metro - Dadd Signature: -7(
F
Address: (�000 SW 87 Avc. Phone Number:(305) 5%1 -81055 1
M1a.Ml � r —�. 33173 -
`Represented By: 5teVCn Organization: Mctro -Made Firc
Address • !0000 SW 6i AVC Phone: 305) 5910 - 81.00
Architect: Ted -Ho f man, 3r. Phone: 442 - 44008
Engineer: Phone:
Owner X option to purchase _.Contract to purchase _ Copy attached?
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
JLot(s) Block Subdivision PB
IIMetes and Bounds:
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
Briefly explain application and cite specific Code sections:
Letter of intent
Proof of ownership
XCurrent survey
SUBMITTED MATERIALS
Hardship statement
Power of attorney
,Site plan (7 copies)
Reasons for change
Contract to purchase
Required fee(s)
T.a undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belief.
121-1-7 -90 i�c,�J�l�1 -tom Cons�ruc�ron Mangy
Date
Applicant's Signature and title
receipt, applications and all submitted materials will be reviewed for
liance with City Codes and other applicable regulations. Applications
d not in compliance will be rejected and returned to the applicant.
USE ONLY : DATE FILED ACCEPTED REJECTED
PB HEARING COMMISSION
PETITION REQUIRED
qw-
ADVERT DEADLINE OTHER INFO PETITION ACCEPTED
Metropolitan Dade County, Florida
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
(305) 596 -8600
December 14, 1990
City of South Miami
Planning Board
6130 Sunset Drive
South Miami, FL-33143
Dear Sirs:
Subject: Metro -Dade Fire Station 14 Variance
The Fire Department is respectfully requesting a 10 foot variance of the front
set back requirement on a parcel of land located on the South Miami Metrorail
corridor property at 70 Street and U. S. 1.
The relocation and expansion of the South Miami fire station has been an iden-
tified need for several years. In 1984 after an exhaustive
both within and outside of the city limits, the Property search
agreed upon by MDTA, the City of South Miami and the Fire Departments because mutually
represented both the needs of Fire Department for access and location and the
wishes of the City to keep the station within the City limits. To that end,
the City, the County and the Bakery Center developer, Mr. Margulies, entered
into a Tri -Party Agreement providing for a future station on the site similar
to the Kendall Fire Station, No. 9. It also provided for the cost of construc-
tion to be shared by the Bakery Center developer (as part of DRI approval) and
Dade County.
Based on this agreement, the Fire Department proceeded with architectural draw-
ings and site preparation in 1987 at a cost thus far of $250,000. For the past
six months the department has worked closely with the South Miami Environmental
Review Board to achieve a mutually acceptable design. Now,.at the request of
the City, subsequent to a legal interpretation of the Tri -Party Agreement and
in an effort to further cooperate with the City, the Department is seeking
official relief of 10 feet from the front set back requirement of the City
code. Without this relief, the department will be unable to construct the type
of station needed to meet the current and future needs of the South Miami com-
munity. Failure to construct a station on this site will reduce the level of
service proposed for the City, will result in a
0
Department of funds already spent on site preparation anndOstation design Fire
may result in default of the Tri- Party Agreement.
For these reasons, the Fire Department requests favorable consideration of this
application for variance.
Sincere ,
. Brown, Assistant Chief
for Supportive Services
Always Ready, Proud to Serve
r �
METRO -DADE TRANSIT AGENCY
METRO•DADE CENTER
111 N.W. 1st Street-Suits 910 „n„oo„oE
Miami, Florida 33128.1999 '!44
December 17, 1990
Mr. Steven D. Bayer,
Construction Manager
FACILITIES MANAGEMENT BUREAU
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
SUBJECT: Fire Station No. 14 -
Metrorail South Miami Station
Dear Mr. Bayer:
As you are aware, there is an underground electric ductbank at
the Southeast corner of the proposed Fire Station building.
The location of said ductbank must be verified by Florida Power
& Light Co. and shown on the building plans, in order to
determine if the proposed building encroaches with the ductbank.
Under no circumstances the proposed building will be allowed over
the ductbank.
Leopold Van Bergen
Manager, Transit Utilities
& Right of Way
LVB /oeb
c: A. Rodriguez
F. Talleda
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METRO -DADE TRANSIT AGENCY
METRO -DADE CENTER
111 Northwest First Street -Suite 910
Miami, Florida 3312 8-1999
December 19, 1990
Mr. Steven D. Bayer
Construction Manager
Facilities Management Bureau
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
Re: South Miami Metrorail Fire Station
Dear Mr. Bayer:
Q-01
v
This will confirm that subject to Metro -Dade Transit Agency (MDTA)
review and approval of all construction plans, MDTA has
tentatively approved the use of a parcel of land located at the
northeast corner of the South Miami Metrorail Station for
construction of a fire station. This approval shall also be
subject to review and approval of all Dade County Departments
having appropriate jurisdiction under the Code of Metropolitan
Dade County and issuance of all applicable permits from the Dade
County Building and Zoning Department.
Sincerely,
ester Colby
Director
c: Chief M.E. Perry
OFFICIAL AGENDA
!Ty OF SOUTH MIAMI
6130 Sunset Drive
GULAR CITY COMMISSION MEETING Next Resolution: 4 -91 -9080
00 PM ** *note special starting time Next Ordinance: 4 -.91 -1469
bruary 5, 1991 Next Commission Meetin
9'2/19/91
Invocation
Pledge of Allegiance to the Flag of the United States of America
Presentations:
d es-i -g t i on
C-ire t e-r+R-e v+ew— &wmti -tt e.e
Items for Commission Consideration: _
a. Approval of Minutes:
2 ,
3 . J_a n ua rz—.l 5--19 9
b. City Manager ' s Report - d�i-s-cvssTO n-- o f--fi r na n ci rrg ; - p'tt b�I i uric s
a n d p o l i c e -- s t afii-o n --fa-c°i-1 +t i-e s
_ c. City Attorney's Report
:DINANCES- SECOND READING AND PUBLIC HEARING:
An Ordinance of the Mayor and City Commission of the City of South 3/5
Miami, Florida; amending Section 20 -3, 3 of the Land Development Code
of the City of South Miami to provide specific definitions for Satellite
Antennas; deleting "Satellite Antennae" from Section 20 -3, 3 (E);
deleting special use conditions for "Satellite Antennas" in Section 20 -3.4
(B) (15); creating Section 20 -5.23 Satellite Antenna Procedures; providing
for severability; providing for ordinances in conflict; and providing for
an effective date. (Mayor McCann /Comm. Cooper)
* *Public hearing portion was closed at the meeting of 1/2/91.
Commission consideration and vote continues at this meeting
)LUTIONS FOR PUBLIC HEARING:
A Resolution approving requests for a wavver from Section 20- 4.2(C)(1) 3/5
of the Land Development Code of the City for required sidewalks,
curbs and gutters in the public right -of -way; and a partial waiver
from Section 20- 4.2(C)(1) of the Land Development Code of required
paving and drainage in the public right -of -way; both requests by
Mr. Stanley Toledo from the Planning Board of the City of South Miami,
Florida, for the property known as 6314 S.W. 49th Street, South
Miami, Florida, and legally described herein.
(Planning Board /Administration)
* *Public hearing portion was closed at the meeting of 12/18/90.
Commission consideration and vote continues at this meeting
A Resolution of the Mayor and City Commission of the City of South Miami„ 4/5
Florida approving a request for a variance from dimensional requirements
for non - residential districts, Sec. 20 -5 (G) of the Land Development Code,
to permit a front set back of 10 feet where 20 feet are required, requested
by Metro -Dade Fire Department from the Planning Board of the City of South
Miami, Florida for the property known as 5860 SW 70 Street, South Miami,
Florida 33143, and legally described herein.
(Planning Board /Administration)
A Resolution of the Mayor and City Commission of the City of South Miami,4 /5
Florida denying requests for a request variance from Sec. 20 -4,4 (B) (11)
of the Land Development Code to allow nine parking spaces where twenty -
three are required pursuant to Sec. 20 -3.3 (D) for use as,ian automobile
repair and body shop; requested by Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley from the Planning Board of the City
of South Miami, Florida for the property known as 5786 Progress Road ,
South Miami, Florida, and legally described herein.
(Planning Board /Administration)
3ULAR CITY COMMISSION MEETING
3RUARY 5, 1991
:,E 2
;fll IITTONS
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of a Microfilm /Jacket Sytem
for a total price not to exceed $9,000.00 by the Building and Zoning
Department and providing for disbursement from Account Number 1610-
3480 "Microfilming ".
(Administration) 3/5
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida authorizing the City Administration to enter into a
contract with Willie Tompkins for the operation of a concession stand
at Murray Field.
A Resolution of the Mayor and City Commission fo the City of South
Miami, Florida, expressing support, gratitude and Goodwill to the
troops of the United States of America and to the troops of the
Allied Nations as they preserve the free world.
(Mayor and Commission) 3/5
A Resolution of the City of South Miami, Florida, appointing
Sharlene Butler as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until
a successor is duly qualified and appointed.
(Mayor) 3/5
A Resolution of the City of South Miami, Florida, appointing
Clarence Patterson as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
(Mayor) 3/5
A Resolution of the City of South Miami, FL, appointing Stanley Sterbenz
as a member of the.City of South Miami Recreation Board to service in
such capacity until February 1, 1993, or until a successor is duly
qualified and appointed.
(Mayor ) 3/5
A Resolution
Jim Wiegrefe
to serve in
successor is
of the City of South Miami, Florida, appointing
as a member of the City of South Miami Recreation
such capacity until February 1, 1993, or until a
duly qualified ;sand appointed.
(Mayor) 3/5
Board
A Resolution of the City of South Miami, Florida, appointing
Jim Wiegrefe as a member of the City of South Miami Recreation Board
to serve in such capacity until February 1, 1993, or until a successor
is duly qualified and appointed.
(Mayor) 3!5
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of one Pro Mark Model 410 -
Chipper for the Public Works Department for a total price not the
exceed $22,056 and providing for disbursement from account number
1720 -6430
(Administration) 3/5
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a waiver of Bid Procedures for the
City's Finance Department purchase of Computer Software as set
forth hereinbelow upon the basis that there is one source of supply
authorizing an expenditure not to exceed $14,056.83 to City Computer
Solutions Inc. for this software, charging the disbursement to
Account No. 1410 -6430: "FINANCE DEPARTMENT - EQUIPMENT ".
(Administration) 3/5
GULAR CITY COMMISSION MEETING
BRUARY 5, 1991
GE 3
DINANCES FIRST-*READING
An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of "Physical Therapist" in Section 20 -2. 3; permitting
"Physical Therapist" under Section 20 -3.3 (E) of the permitted use
schedule as a special use in Ro, Lo, and Mo Districts; providing for
special use requirements under Section 20 -3.4 (B) by adding a new
Subdivision (15); providing for severability, ordinances in conflict
and an effective date. (Mayor McCann)
EMARKS
Linda Werner, At Ease, 5844 Sunset Drive, to address the City
Commission regarding fines received for alarms that
were determined, by the City, to be "false ".
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed;ngs is
Awade, which record includes the testimony and evidence upon which the
appeal i.s,based.
4/5
l
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING
7:00 PM ** *note special starting time
February 5, 1991
Next Resolution:
Next Ordinance:
Next Commission
4 -91 -9080
Me4ti n1 -1469
g: 2/19/91
A. Invocation
'B. Pledge of Allegiance to the Flag of the United States of America
6:--- Preserrtati o n s :
U4-i- j.veristy of Miami Students; winners in downtown South Miami
design competition
C h- a-rt-er— R-e-vtL' W— m i -t t e e
i
Items for Commission Consideration:
g.a. Approval of Minutes: P)f0
( December 18, 1990 h P/
J2. January 2, 1991
a.. January 15, 1991
2;br. City Manager's Report - discussion of financing; public works
City Attorney's Report and police station facilities
ORDINANCES - SECOND READING AND PUBLIC HEARING: / / / q
I ! (v
4. An Ordinance of the Mayor and City Commission o the City of South 3/5
Miami, Florida; amending Section 20 -3, 3 of the Land Development Code
of the City of South Miami to provide specific definitions for Satellite
Antennas; deleting "Satellite Antennak" from Section 20 -3, 3 (E);
deletin special use conditions for "Satellite Antennas" in Section 20 -3.4
(B) (15L creating Section 20 -5.23 Satellite Antenna Procedures; providing
for severability; providing for ordinances in conflict; and providing for
an effective date. (Mayor McCann /Comm. Cooper)
* *Public hearing portion was closed at the meeting of 1/2/91.
Commission consideration and vote continues at this meeting
RESOLUTIONS FOR PUBLIC HEARING: _J
5.
R1
7.
i
_ -QI --1
A Resolution approving requests for a waiver from Section 20- 4.2(0)(1) 3/5
of the Land Development Code of the City for required sidewalks,
curbs and gutters in the public right -of -way; and a partial waiver
from Section 20- 4.2(C)(1) of the Land Development Code of required
paving and drainage in the public right -of -way; both requests by
Mr. Stanley Toledo from the Planning Board of the City of South Miami,
Florida, for the property known as 6314 S.W. 49th Street, South
Miami, Florida, and legally described herein.
(Planning Board /Administration)
* *Public hearing portion was closed at the meeting of 12/18/90.
Commission consideration and vote continues at t is�Q.g ing
��7 ��((
A Resolution of the Mayor Ga�r'd� 'ty Commission oit e CZty of South Miami„ 4/5
Florida approving a request for a variance from dimensional requirements
for non- residential districts, Sec. 20 -5 (G) of the Land Development Code,
to permit a front set back of 10 feet where 20 feet are required, requested
by Metro -Dade Fire Department from the Planning Board of the City of South
Miami, Florida for the property known as 5860 SW 70 Street, South Miami,
Florida 33143, and lega 1 descr rein.
_ /_ (Planning Board /Administration)
A Resolution of the Mayor and Cimission of the City of South Miami,4 /5
Florida denying requests for a request variance from Sec. 20 -4,4 (B) (11)
of the Land Development Code to allow nine parking spaces where twenty -
three are required pursuant to Sec. 20 -3.3 (D) for use asdan automobile
repair and body shop; requested by Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley from the Planning Board of the City
of South Miami, Florida for the property known as 5786 Progress Road ,
South Miami, Florida, and legally described herein.
(Planning Board /Administration)
L
REGULAR CITY COMMISSION MEETING
FEBRUARY 5, 1991
PAGE 2
RESOLUTIONS:
G -ql -90P1----
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of a Microfilm /Jacket Sytem
for a total price not to exceed $9,000.00 by the Building and Zoning
Department and providing for disbursement from Account Number 1610 --
3480 "Microfilming ".
ql— ��� (Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
10
11.
12.
13.
Miami, Florida authorizing the City Administration to enter into a
contract with Willie Tompkins for the operation of a concession stand
at Murray Field.
A Resolution of the Mayor and City Commission fo th City of South
Miami, Florida, expressing support, gratitude and Goodwill to the
troops of the United States of America and to the troops of the
Allied Nations as they preserve the free world.
(Mayor and Commission) 3/5
A Resolution of the City of South Miami, Florida, appointing
Sharlene Butler as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until
a successor is duly qualified and ppoiry�d.
/ r L/a (Mayor) 3/5
A Resolution of the City of South Miami, Florida, appointing
Clarence Patterson as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until a
successor is duly qualified and a.DpOln d
J� (Mayor) 3/5
/I
A Resolution of the City of South Miami, FL, appointing Stanley Sterbenz
as a member of the.City of South Miami Recreation Board to service in
such capacity until February 1, 1993, or until a successor is duly
qualified and appointed.
(M'ayor) 3/5
14. A Resolution of the City of South Miami, Florida, appointing
Jim WTe- gref'eas a member of the City of South Miami Recreation Board
Ito —serve in such capacity until February 1, 1993, or until a
successor is duly qualified;�and appoin ed. (Mayor) 3/5
/
15. A Resolutyo_ of the City of South Miami, Florida, appointing
im Wiegrefe s a member of the City of South Miami Recreation Board
io`.s;r -v-e n—s`uch capacity until February 1, 1993 or until a successor
is duly qualifi d and appoint d.
Mayor and Cit Commission of the City of South
16. A Resolution of y y y
Miami, Florida, authorizing the purchase of one Pro Mark Model 410 -
Chipper for the Public Works Department for a total price not the
exceed $22,056 and providing for disburseme t {from account number
1720 -6430 %�
Administration) 3/5
17. A Resolution of the M yor and City Commission of the City of South
Miami, Florida, authorizing a waiver of Bid Procedures for the
City's Finance Department purchase of Computer Software as set
forth hereinbelow upon the basis that there is one source of supply
authorizing an expenditure not to exceed $14,056.83 to City Computer
Solutions Inc. for this software, charging the disbursement to
Account No. 1410 -6430: "FINANCE DEPARTMENT- EQUIPMENT ".
(Administration) 3/5
M
r
REGULAR CITY
FEBRUARY 5,
PAGE 3
C
COMMISSION MEETING
1991
ORDINANCES FIRST;READING
An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of "Physical Therapist" in Section 20 -2. 3; permitting
"Physical Therapist" under Section 20 -3.3 (E) of the permitted use
schedule as a special use in Ro, Lo, and Mo Districts; providing for
special use requirements under Section 20 -3.4 (B) by adding a new
Subdivision (15); providing for severability, ordinances in conflict
and an effective date. (Mayor McCann)
REMARKS
Linda Werner, At Ea 5844 Sunset Drive, to address the City
Commission regarding in received for alarms that
were determined, by the C—iby., to be "false ".
You are hereby advised that
with respect to any matter
person will need to ensure
Made, which record includes
appeal i.s' based.
4/5
C;6 Iii 4�1 -.,-
-7�6,A-ut,
if any person desires to appeal any decision
considered at this meeting or hearing, such
that a verbatim record of the proceed;ngs is
the testimony and evidence upon which the
ORDINANCE 1110. iO -QO- :450 -a.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CI'T'Y
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR SATELLITE _'_NTENNAS,
DELETING "SATELLITE ANTENNAE" FROM SECTION 20 -3.3 (E) ;
DELETING SPECIAL USE CONDITIONS FOR "SATELLITE ANTENNAS"
IN SECTION 20 -3.4 (B)(15); CREATING SECTION 20 -5.23
SATELLITE ANTENNA PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Satellite Antenna "; and
WHEREAS, the Mayor and City Commission desire to regulate and
make provisions for existing antennas which already installed; and
WHEREAS, the Mayor and City Commission desire to change the
procedure under which satellite antennas and microwave dishes are
permitted in the Land Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be and the same is
hereby amended to include the following definitions:
ANTENNAS, SATELLITE EARTH STATION. Shall mean antennas restricted
to the sole purpose of receiving and amplifying microwave signals
for television reception and shall be permitted in residential and
commercial zoning districts.
ANTENNAS, MICROWAVE. Shall mean antennas restricted to the sole
purpose of receiving and /or transmitting and amplifying microwave
signals and shall be permitted in commercial districts only.
Section 2. That Section 20 -3.3 (E) Permitted Use Schedule be
and the same is hereby amended to delete the use
"satellite antennae" from the schedule as follows:
R RIR
S SIS
1I2I3
- Sate= i =_e- intennae -- S is i
Section
i 5Z
ZONING DISTRICTS
RI RI RI RIRIRILIM
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That Section 20 -3.4 (B) (15) of the Soecial Use
Conditions be and the same is hereov amended zz
contain the following:
R E S E: 1=_'N,7 E D.
4
Sect4-cn That Section 20 -5.Z' SATELLITE ANTENNA PROCEDURES
be and the same is herebv created as follows:
(A) SATELLITE EARTH STATION ANTENNAS:
That olans of satellite earn: station antennas shall be
submitted with each appiication for a building permit, which
shall include a site plan indicating the height, diameter,
color, location, setbacks, foundation details, landscaDincrand
screening, and that such plans shall be subject to approval
by the E.R.P.B. and that such antennas shall be subject to the
following standards:
1. Location
(a) In all RS, RT -6 and RT -9 Districts only ground- mounted
antennas shall be permitted and such antennas shall be
located in the rear yard of that property or in the
interior side yard and not visible from the street.
(b) In all other districts, roof - mounted antennas shall be
permitted, provided, however, that such antennas shall
be screened from ground view by a parapet or some other
type masonry wall or screening. The minimum height and
design of such parapet, wall or screening shall be
subject to approval by the E.R.P.B.
(c) Ground - mounted antennas shall also be permitted in the
RM -18, RM -24 and commercial districts subject to the
applicable provisions of'this section.
2. Landscaping
(a) Ground mounted antennas shall be screened by landscaping
from view from the street and adjacent property owners
so that such antennas are not visible between ground
level and eleven (11) feet above ground level as shall
be approved by the E.R.P.B.
(b) In order to reduce the height of the required plant
material, berms may be employed in conjunction with the
landscaping plan. All plant material, size (at
installation), quantity and spacing shall be specified
on the landscaping plan or site plan.
3. Diameter
(a) The diameter of such antennas shall not exceed ten (10)
feet in all RS, RT -6 and RT -9 Districts.
(b) The diameter of such antennas shall not exceed fifteen
(15) feet in all other districts.
4. Heicrht
(a) round- mounted antennas shall be
height of eleven (11) feet above
and RT -9 Districts and a maximum
grade all other ^ist• s
limited- to a maximum
grade in all, RS, RT -6
of fifteen 15 ) above
Roo - mounted antennas shall oe _lmimed to
height cf fifteen (15) feet above the roof.
abav, 4,12 v- 14 1 nl_
maximum QV- 4—, �h
yacb us
"'(�hcx,k bDI J
5. Setbacks
Ground - mounted satellite antennas in the most extended
position shall conform to the followina minimum setbacks:
(a) Ji. .
Rear and Side
In ail RS, RT -6 and RT -9 Districts
on
required
ii. Setbacks from Power Lines
f f teen f 1 - eet-- -��� -/
ar%i is ae setbacks 24'a-
for the principal_.
Satellite antennas or any appurtenances thereto,
shall be located not less than eight (8) feet from
any powerline over two - hundred fifty (250) volts.
(b) In no case shall such satellite antennas be located
closer to the front or side street of a lot or building
site than the main or principal building.
(c) Where such a satellite antenna is located on a building
site which is fronting upon two or more streets, the
antenna shall maintain the same setback as required for
the principal building along each such street.
6. Impervious Coverage
The impervious coverage of such antennas shall be counted
in computing the impervious coverage for auxiliary and
accessory use structures located upon the building site.
7. Color
Such satellite antennas and their appurtenances shall be
non - reflective black, green or the same color as the wall
to which it is attached (if not freestanding) and, to the
extent possible, shall be compatible with the appearance
and character of the neighborhood.
8. Number Permitted
Only one (1) satellite antenna shall be permitted for
each principal building ��e�
CUC1.MQA6r b' - C`c1.c c s�- be SC;v e epr� e
9. InstailationU)
(a) The installation or modification of all satellite
antennas shall be in accordance with all applicable
construction and safety codes and procedures and shall
meet the requirements of the South Florida Buildina Code.
(b) Roof - mounted antennas shall be anchored to the roof and
shall conform with the requirements of the South Florida
Buildina Code.
!c; :.11 antennas and appurtenances shall be so constructed
and installed so as to withstand the forces due to wind
pressure as urovided for under the South Florida Buildina
Code, and all appiications shall include signed and
sealed drawings by a professional enaineer.
10. Maintenance.
Such satellite antennas, appurtenances, landscaping and
screening shall be kept and maintained 1- good condition.
C�
F' Existinq Antennas ,., /',
All antennas installed prier to A-±aus- -r__-' 9-19-6-, -must be
brought into compliance by�T=rs,
In order to appear before the E.R.P.B., each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Building Code and would not be an undue
d
fro �w�
9a.7s.
hazard to the community of the City of South Miami.
12. Pe it Required
All satel ite tennas I cated in the �ty of uth
Mia i, Fl rida, m t h e Permit.
(B) MICROWAVE ANTENNAS:
That plans of such microwave antennas shall be submitted with
each application for a building permit, which shall include
a site plan drawn at a scale no smaller than 111= 20' -0"
indicating the diameter, screening, location and setbacks from
property lines and edges of building, a mounting detail drawn
at a scale no smaller than 1/211= 1' -0" indicating the height,
color and method of installation of the antenna and that such
plans shall be subject to approval by the E.R.P.B. and that
such microwave antennas shall be subject to the following
standards:
1. Location
In commercial districts only, roof - mounted microwave
antennas shall be permitted, provided, however, that such
antennas shall not be visible from the ground. Screening
from ground view may be provided by a parapet or some
other type of masonry wall or screening.
2. Diameter
The diameter of such microwave antenna shall not exceed
five (5) feet.
. Heiaht
Roof - mounted antennas shall be limited to a maximum
height of ten (10) feet above the roof in their most
extended position.
Setbacks
:a) Roof - mounted microwave antennas, in their most extended
posizIon, mall conform to the setback requirements for
the principal building on the building site.
ib) Microwave antennas or any appurtenances thereto, shall
be _ccated not less than eight (3) feet from any _power
line over two hundred fifty (250) volts.
Color
Microwave antennas and a ^.v appurtenances shall be white
or shall be the same color as the surface to whic:: they
are attached.
n. ,lumber Permitted
only one (1) microwave antenna shall be permitted for
each principal building' Y-�p� 4p g 0-c-;r",Ls
L -A - ' �r JJO-M �-er 6(14- Mu-&s fD z s c' v e -c"�,E �-
. U iF, �eV-� tr1 i 1�4 OL Dr1 Ue C-1 .� . �- v J
7. In allation ` 1" u `'j
(a) The installation or modification of microwave antennas
shall be in accordance with all applicable construction,
safety codes and anchoring procedures and shall meet the
requirements of the South Florida Building Code.
(b) The microwave antenna and appurtenances shall be
constructed and installed so as to withstand the forces
due to wind pressure as provided in the South Florida
Building Code, and all applications shall include signed
and sealed drawings by a professional engineer.
8. Maintenance
Such microwave antennas,, .appurtenances and screening
shall be kept and maintained in good condition.
9. Existing Antennas
All antennas installed prior to August 21, 1990, must be
brought into compliance by February 18, 1991 (180 days).
In order to appear before the E.R.P.B. each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Buildings Code and would not be an undue
hazard to the community of the Citv of South Miami.
10 Pe mit Reauired
Al 1 nicrowav anten as located i the C'tv of South
Mia ', Flo da, must .ave a p mit.
• � s
Section-:5'. If any section, clause, sentence, or phrase of this
ordinance is held to be invalid cr unconstitutional by anv court
of competent jurisdiction, then said holding snail in no wav affec=
the validity of the remaining portions or this Ordinance.
Section All Ordinances or parts of 'rdinances in conr"lic�
herewith be and the same are hereby repealed.
Section 7. This ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of , 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
6
iF2(1 nFDIN%NCE :'•n.
ORDI`TANCE AMENDING SECI.I,7T 2n_2, nP T.rE LANs
DE`1rT OPtitE,TT CODE nF T rE ."' C, ppnVInE SPECIFTr
DEFINITIONS FOR SATELLITE `'TE;NAS: DELETING "SATELLI =E
ANTENUA" FROM SECTION 2n - 3 (E DELE'" T' r SPECIAL Si?E
CONDITIONS FOR "SATELLITE ANTENNA PROCEDURES"; PROVIDI:N'G
FOR SEVERABILITY; PROVIDING FOR ORDINANCES ON CONFLICT AND
PROVIDING A:; EFFECTIVE DATE .
Move- by ILfavor McCann, seconded >,y Commissioner Cooper,
this be considered the first reading of the ordinance in it
entirety and it ae placed on second�readinR and public hearing
after receiving recommendations from the Plannin- Board.
'.favor '•icCann stated her :.gain concern is safety so the
proposal is that a existing antennas rust have a certifies
statement from a professional engineer that t:le existing antenna
does conform to the South Florida Ruil.dine Code but this can be
accomplished without the 6ol.lars for a special use Provision
which will save that fee. It will '-�e S75.-`,? For ? permit, :gut
the S250 residential special use fee and S45n commercial special
use fee will `,e eliminated. Nice - ?•favor Carver reiterated that
there will be only a one time S75.n(l permit fee.
`loved by Commissioner Launcelott that Dages '" and 5 he
amended so existing antennas are c_ranrfatherer,!grandmothered in.
"lotion did not receive a second.
Moves? `)v Commissioner I.auncelott the height fior antennas
amended to un to 1 for better reception. Motion did not
receive a second.
Move6 Commissioner. Launcelotr_ that Page 2 'ne amended to
state that .^rounc- mounter.' antennas in all ,Districts, inc1udinc
RS, "T -n and "T -0 -e permitted to he a minimum or 1V ahove
grade. Motion c' is not receive a second.
Commissioner Launcel.ott note- that the antenna setbacks
should :tart the overhang not :.ron t:-e house, thus t:he 15'
criteria is not ractical. ',favor ".cCann sair variances couid to
reoueste- in areas .;here the 15' setback is a -)rohlem.
''cr.icn :n c"inance oasse. ='n: 'favor "cCann, -yea: ";.ce-
"avor .arver, -ea: Commissioner = auncelott, ..ea: Commissioner
3anks, .-ea: -_cmmi_ _zioner ':,Doper, .-ea.
I
e
"
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
WAIVER FROM SEC. 20 -4.2 (C) (1) OF THE LAND
DEVELOPMENT CODE FOR REQUIRED SIDEWALKS, CURBS AND
GUTTERS IN THE PUBLIC RIGHT -OF -FLAY; AND A PARTIAL
WAIVER FROM SEC. 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT
CODE OF REQUIRED PAVING AND DRAINAGE IN THE PUBLIC
RIGHT -OF -WAY; BOTH REQUESTS BY MR. STANLEY TOLEDO FROM
THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA
FOR THE PROPERTY KNOWN AS 6314 S.W. 49th STREET, SOUTH
MIAMI, FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Mr. Stanley Toledo requested the Planning Board of
the City of South Miami as follows:
(1) a waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required sidewalks, curbs and gutters in the public
right -of -way; and
(2) a partial waiver from Sec. 20 -4.2 (C) (1) of the Land
Development Code of required paving and drainage in the public
right-of-way;
both requests for the property known as 6314 S.W. 49th Street,
South Miami, Florida, which property is legally described as
follows:
East 1/2 of the NW 1/4 of the NE 1/4 of the
SW 1/4, less the South 125 feet and less the
North 285 feet, of Section 24, Township 54
South, Range 40 East, lying and being in Dade
County, Florida;
WHEREAS, on November 27, 1990 the Planning Board vcted to
approve waiver teauesz no. 1 with recommendations to the City
Commission (a copy of which is attached hereto) by a 5 - 1 vote
and to approve partial waiver request no. 2 with recommendations
to the City Commission (a copy of which is attached hereto) by a
vote; and
WHEREAS, the City Commission Staff Report recommended the
r B d "careiul1v cons!der and evaluate" both requests;
NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR ANn Twv, P.TTY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Secti-on-1. That request no. 1 of Mr. Stanley Toledo for a
waiver from Sec. 20 -4.2 (C) (1) of the Land Development Code for
required sidewalks, curbs and cutters in the public right -of-
way for the property known as 6314 S.W. 49th Street, South
Miami, Florida, be, and the same is, hereby approved.
Section 25. That request no. 2 of Mr. Stanley Toledo for a
partial waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required paving and drainage in the public right -of -way
for the property known as 6314 S.W. 49th Street, South Miami,
Florida, be, and the same is, hereby approved.
PASSED AND ADOPTED this th day of December, 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
:•IAIIING --IR7-.:l REQUIRED
z: an 7 le d c
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77
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7 . . . . . . . . . .
A M
PB -90 -018
= .apiicant:
Zeauest rl:
STAFFFZ�ORT
November .990
Stan Toledo
waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request ?Ir'2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
ANALYSIS
The applicant seeks to waive the requirement to provide
sidewalks, curb, gutter and provide an alternative paving plan for
those three dedicated rights -of -way surrounding the property. The
applicant intends to develop the property with five single- family
residential homesites.
RECOMMENDATION
The staff recommends that the Board carefully consider and
evaluate the proposal, in order to best recommend to the Commission
the improvements most appropriate for this area and in the best
interests of the citizens of the City of South Miami and neighbors.
CRU of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, November 27, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the Planning Board of the Citv of South lAiami % %7ill
conduct a Public Hearing on the following matter.
On Tuesday, December 4, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
-$
Applicant: Stan Toledo
Request tel: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request K2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township„ 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
VU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
7 ANY '.LATTER CONSIDERED AT THIS MEETING OR HEARING, SJCH PERSON WILL NEED A RECORD OF THE
?OCEE :INGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
=DINGS IS MADE, ':WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
3 TO BE SSKED. S. -66. 0105)
HEARING WILL BE HELD IN THE CCMMISSION CHAMBERS AT "HE CITY HALL, 6130 SUNSET DRIVE, SOUTH
FLORIDA, AT THE TIME AND DATE STATED ABOVE.
NTERESTED PARTIES ARE URGED TO ATTEND. CBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
SON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
?EA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS NIATTCR WILL BE HEARD BY THE CITY COMMISSION
'TURS ::AT Z. .TERESTEO PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
+ DIREC73R BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
RY,
7 BZ 74.EV. Iz -9 -13) THIS IS A COURTESY NOTICE
PLANNING BOARD
We . request that the subject property be developed with the intent
to preserve as much of its present natural serenity so that only a small►
negative ,impact on the neighbori-.00d and on. the
Would occur. The requests l, eld to
sought at this public hearing wil yield to
fewer trees being destroyed or replaced. To c=tinue S.W. 50th Street as
a street I nreTDent thru the southern portion of the property would clean
wing over twelve, stately, beautiful, trees that are
for saui m s and birds. The i=mase traffic nesting sights
ic will hi *�pr the i ife
styles of long- established residents who cherish the privacy afforded
near L the dead -'end section and residents With young =z ldren playing
street that has very little traffic presently along S.W. 50th
• The non - continuation of the street would note impede taffic
since the street staggers at S.W. 64th Avenue.
Me ' - --late streets within the city limits of this South Miami
nn,#Ib�orilood are totally free of si � i L . The lack of sidewalks adds
tranquil beauty since gals trees flourish where sidewalks
would mdst.... thus no sidewalks.
We request that the Pavement on S.W. 63rd Avenue not be Widened
from S.W. 49th Street and S.W. 50th Street, as it would not serve to
enhance traffic flow.... nor world it have to be made a one -way street
since the pavement is narrow sa dnrdrd with two way traffic. The narrow
area s preferred by neighbors since it retains the Character Of the
country wtting as it Wanders smduard over one -half mile to
Miller Road.
The southwest corner of the property that abuts the cloud -erri of
S.W. 50th Street has a cluster of trees in that corner. To preserve the
trees, the street access to one lot in that same corner would only be a
continuation of the dead -end that complies to lade C m=r
_y street
action codes. HmWer, a T-turn will be =mt:L�d to provide
easy 't=n-a=tind for vehicles entering the dead -end.
Summary: There is a definite hardship t runs with the nature of
the land if all street and sidewalk i mired
Witness S ey Tol
Witt ss % l/ / Irwin Raskin, Trustee
vy • �ln;n:
[ii ii�+4 • • e ��
Before me pe=ally append Stanley Toledo and Irwin Raskin,
Trustee to me well known and known to me to be the persons described in
and who ex=zted the foregoing instnrnent, and acknowledged to and before
me that they executed said instrument for the purposes therein expressed.
WIT= my hand and official seal,
My C==i ssicn E =ires :
IOTARY PUBLIC STATE OF FLORIDA
MY C:..rISSi.. E ° ?. ' ?7 13.1990
the 16th Day of Octcber, 1990.
Notary Publics State Dfr /Flory a
o
I Latter of Intent for Porticn NOT Included
RE: Folio #09-4024-000-0750 Legal des=iptim: E 1/2 of NW 1/4
of NE 1/4 of SW 1/4 less S 125 Ft. and less IT 285 Ft. thereof, Secticn
24, Township 54 South, Range 40 East, lying and being in Dade County,
Florida as 1.87 acres, M/L
We are requester waiver of plat for 250 Ft. of the north portion
Of the above pa=el. We are reta=g r-he saxth 25 Ft. to sell to three
adjacent property owners direczly south and contiguous to said prmervr.
Witness
Witness
WORIAW490) - D)
Stanley TV�do
Irdin. Raskin, T=stee
Before me personally appeared Stanley Toledo and Irwin Raskin,
TnLstee to me well known and known to me to be the persons described in
and who mmmTted the fa mgoinq instrment-, and acknowledged to and before
me that they executed said for the purposes thexein mTressed.
wrnmss my hand and official seal, the 16th Day of October, 1990.
iFot—at.r Public,/ StatezbVnorida
My Co=ission Expires:
ROMY %'rLIC ST.TE C: FORIDA
Y• • .� G11 10 •
Before me personally appeared Stanley Toledo and 1--onn Raskin,
Trustee to me well }mown and known to me to be the persons described in
and who executed the foregoing instnuent, and acknowledged to and before
me that they executed said instrument for the mrposes therein expressed.
WrI.S my hand arxi official seal, the 16th Day of October, 1990.
Nota_--y Public, Stag r;f Florida
My CYsrffnissim Expires:
WARY DIM=' STATE OF FLORIDA
AY COMNISSICli ;z:. ROY 13,15:0
SONDCO GESFR:,L 1::.. LKD.
City of IouM Miami
6130 Sunset Drive. youth Miami. Florida 3314 ,
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
STAN LEY -,-Z�4. DC I IN I
oDerty Owner: Sianature:
,, iU m `Ru s 1 GG A4 Jotj4T iENANiS w/ RT.
dress: II Phone Number
�JI� S.w. ' �3o�i 2 3 7 -�9L�•
presented By:.6 r, ic��; Oraanization:
• - OWNER
dress :(5 F-) ! j Phone:
'chitect: I Phone:
gineer: 'j j aog.F, I_L ASkc. INC. I Phone: 2,62 - 477S
:ner Option to purchase _ Contract to purchase — Copy attached? X
ap icant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
�t(s) Block Subdivision PB -
:tes and Bounds: NW 'Iy o- N E '/y o 6W �� j ess 6. l25 FI. I e 1> 6.2 9$ Pi-
er a o-t , sNc-t . '? , Tw `f �. , jZa+�a�e 40
,Dad a., Be ►.�� (, 67 Acres /L fD i-1 0 0 y ,
— ya 7-y -0or,
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD hpproval PUD Major Change
3riefly explain application and cite specific Code sections:
WA IV E:R— �A F Iz:. v 2
Fv S c. t C
�tir� I U J F 'FL AT : CAA?-aril 17- A ; No ry %t- t c t- t�s�c�rN� ►� ��I��
SUBMITTED MATERIALS
The undersigned has
'_nfcrmation and all
zo the best of the
-'A
Date
read this completed application and represents the
submitted materials furnished are true and correct
applicant's knowledge and belief. /^
kDolicant's Sianature and title
:non =eceimt, applications and all submitted materials will be reviewed fcr
=ml_ance wit:' :.lt'. C zdes and .^.ther amnlicable reau-- ._ -ns. .'-.nml_^.amions
found W�cl /C6mpliance Will be rejected and returned to the applicant.
USE ONLY
DATE _ B c: ING //•-- / '�
DATE FILED G —
COMMISSION
INE OTHER INFO
ACCEPTED REJECTED
PETITION REQUIRED /Y6
PETITION ACCEPTED
Letter of intent.%r
Hardship statement 'r
Reasons Apr change
-txi-. o.I NOT o,cludM •
5eet leer
ec. G._ L. L: ft.l 1 e-4--r-
go of of ownership
Power of attorney
Contract to purchase
Current survey
k Site plan (copies) ��
Required fee(s)
The undersigned has
'_nfcrmation and all
zo the best of the
-'A
Date
read this completed application and represents the
submitted materials furnished are true and correct
applicant's knowledge and belief. /^
kDolicant's Sianature and title
:non =eceimt, applications and all submitted materials will be reviewed fcr
=ml_ance wit:' :.lt'. C zdes and .^.ther amnlicable reau-- ._ -ns. .'-.nml_^.amions
found W�cl /C6mpliance Will be rejected and returned to the applicant.
USE ONLY
DATE _ B c: ING //•-- / '�
DATE FILED G —
COMMISSION
INE OTHER INFO
ACCEPTED REJECTED
PETITION REQUIRED /Y6
PETITION ACCEPTED
ra
all
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, December 18, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
I•' • t t
Applicant: Stan Toledo
Request ml: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request r#2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (i)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS9 AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. ;F. S. 286. 0105)
JBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
IAM1, FLORIDA, AT THE TIME AND DATE STATED ABOVE.
LL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
GHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
iE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
:NING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
1QUIRY
PLANNING BOARD
;8100 -7 Bz REV. 12 -9-91 THIS IS A COURTESY NOTICE
S "MN TOIL
IFUM RAS=
9095 S.W. 87th Avenue
Miami, Florida 33176
December 12, 1990
City of South Miami Cc mti ssicrA s and Mayor
RE: 6314 S.W. 49th Street
Dear Sirs:
We were dedicating 50 feet for street right of way referred to as
Pal "E" on our submitted waiver of plat survey. We also submitted a
letter of intent to retain 25 feet of the southern most portion of the
Property and stated we intended to sell to three adjoining property
owners.
Please accept this letter as an amendment to the above proposals.
We will retain the northern most 200 feet of the property (referred to as
Parcels "A," 11B,11 nCj tt If])," and nFtt in our submitted survey). The legal
description of our property indicates cates that we own 25 feet south of the 50
feet dedicated street right of way. If, in fact, we own the 25 feet,
then the three adjoining properties are encrmching on our property.
Thus, we are acknowledging in this letter to be submitted to the hearing
before the Mayor and Ccumissioners that we are dedicating 75 feet ... 50
feet for street right of way and 25 feet for proper redistribution to the
ti� adjoining properties. We are not obligating ourselves to any
expenses or legal commitment that may arise with this dedication.
n=x3h dedication and deed of any rifts we may have to title of the 25
feet, we will have released our rights to the 75 foot width parcel.
Sincerely,
Stan Toledo
Irwin Raskin
`i
THIS INSTRUMENT PREPARED BY:
Carol F. Keys, Esq.
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
Folio Number:
09- 4024 - 000 -0750
THIS QUIT -CLAIM DEED, executed this iX day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to EDWARD B. DAVIS AND PATRICIA K. DAVIS, his wife, whose
post office address is 6327 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 153 ft. of the South 25 feet of the East 4 of NW 4 of NE 4 of SW 4 less
South 125 feet and less North 285 feet of Section 24, Township 54 South, Range 40
East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same together with all and singular the appurtenancesthereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
STATE OF FLORIDA,
COUNTY OF DADE
L.S.
Irwin Raskin, Trustee
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this /._�, day of December A.D. 1990.
NOTARY PUBLIC, STATE OF FLORIDA
.0 TAI
My commis r.
90150.C.8
THIS INSTRUMENT PREPARED BY:
Carol F. Keys, Esq.
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
Folio Number:
094024 000 -0750
THIS QUIT -CLAIM DEED, executed this K day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to RALPH J. IRELAND and GERTRUDE IRELAND, his wife,
whose post office address is 6301 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party" and "second parry" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 80 feet of the East 105 feet of the South 25 feet of the East k of NW 4 of NE
of SW - less South 125 feet and less North 285 feet of Section 24, Township 54
South, Range 40 East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same together with all and singularthe appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
STATE OF FLORIDA,
COUNTY OF DADE
'St ley T
S.
L.S.
- ' Irwin Raskin, Trustee
1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this i = =tday of December A.D. 1990.
NOTARY PUBL"1C, STATE -OF FLORIEW
My Co �
90150.C.10
r
THIS INSTRUMENT PREPARED BY:
Carol F. Keys, Esq.
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
Folio Number:
09 -4024- 000 -0750
=i.,.
THIS QUIT -CLAIM DEED, executed this r� day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to MANUEL ALVAREZ and TRACEY ALVAREZ, his wife, whose
post office address is 6311 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 80 feet of the East 185 feet of the South 25 feet of the East z of NW 4 of NE
4 of SW 4 less South 125 feet and less North 285 feet of Section 24, Township 54
South, Range 40 East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
--� � .lam -�Zr:- 2• L.S.
-Sta ey Toledo ,�
L.S.
Irwin Raskin, Trustee
STATE OF FLORIDA,
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS -my hand and official seal in the County and State last aforesaid this ;Z/1day of December A.D. 1990.
NOTARY PUBLIC, STATE'OF FLORIDA
My CoixrrT*iiss•
90150.C.9
Verbatim of motion by Manuel Gutierrez, Jr., PB Meeting 11 -27 -90
Stan Toldeo application.
Request #1: "I would like to make a motion to approve Request #1
which is granting the waiver of the required sidewalks, curbs and
gutters in the Public Right -of -way per Section 20 -4.2 ( C) (1) of the
adopted Land Code with the following recommendation to the City
Commission. That the sidewalk requirement on SW 49th Street (on
the North side of the property in question) shall not be waived.
Said sidewalk to be constructed as per City of South Miami
standards as much as possible, considering that adjustments shall
be made in the sidewalk design to avoid cutting down any mature
trees whenever practically possible. The owner shall prepare and
submit to the City Commission a survey showing the proposed
sidewalk and existing trees in the property. Said submittal shall
be made prior to or in conjunction with the owner's building permit
application for any development of the lot in question or part of
it. Recommendation #2: That this waiver is not perpetually granted
and the City of South Miami has the right, at any time, to amend
that the applicant or future owners of the property will complete
the balance of the required sidewalks, curbs and gutters."
Seconded by Mr. Parr.
Vote:
Request 12:
Approved: 5 Opposed: 1
(Jenkins)
Manuel Gutierrez, Jr.: "I would like to make a motion that Request
12 will be approved and grant the partial waiver of the required
sidewalks, curbs and gutters in the Public Right -of -way per Section
20 -4.2 (C)(1) of the adopted Land Development Code with the
following recommendation to the City Commission. I would like to
recommend that an alternate paved access be submitted other than
the one presented to us today in the blueprints.. Said alternate
plan will be presented in the way of a survey, again showing the
proposed paved access and the mature trees in the property,
avoiding cutting down the two trees whenever practically possible.
This submittal to the City Commission is to be made prior to or in
conjunction with the owner's building permit application for any
development of the lot in question or subsequent owners."
Seconded by Mr. Parr.
Vote: Approved: 5
Opposed: 1
(Jenkins)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST FOR A
VARIANCE FROM DIMENSIONAL REQUIREMENTS FOR NON-
RESIDENTIAL DISTRICTS, SEC. 20 -5 (G) OF THE LAND
DEVELOPMENT CODE, TO PERMIT A FRONT SET BACK OF 10 FEET
WHRRE 20 FRET ARE REQUIRED, REQUESTED BY METRO -DADE
rIRE DEPARTMENT FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5860
S.W. 70TH STREET, SOUTH MIAMI, FLORIDA 33143, AND
LROALLY DESCRIBED HEREIN
WHEREAS, the Metro -Dade Fire Department requested the
Planning Board of the City of South Miami for a variance from
Dimensional Requirements for Non - Residential Districts, Sec. 20--5
(G) of the Land Development Code, to permit a front set -back of
10 feet, where 20 feet are required, for the property known as
5860 S.W. 70th Street, South Miami, Florida 331430 which property
In legally described as follows:
See.-attached Exhibit eAu
WHEREAS, on January 8, 1991 the Planning Board voted to
grant the variance request by a 4 - 1 vote; and
WHEREAS, the City Commission Staff Report recommended the
Board deny the request;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of the Metro -Dade Fire
Department for a variance from Dimensional Requirements for Non -
Residential Districts, Sec. 20 -5 (G) of the Land Development
Code, to permit a front set -back of 10 feet, where 20 feet are
required, for the property known as 5860 S.W. 70th Street, South
Miami, Florida 33143, be, and the same is, hereby granted.
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
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Exhibit "A"
City of South Miami
NOTICE OF PUBLIC HEARING
On Tuesday, February 5, 1991, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
6 TOOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING* SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGSt AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS 15 MADEP WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
15 TO BE BASED. (F. S. ZB6. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALLt 6130 SUNSET DRIVE, SOUTH
�1AM1. F'_ORIDA. A -'r4E TIME AND DATE STATED ABOVE.
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APPLICANT
F'I�-Two_ r��-+E 'DES-
OW YE R :
P.£FERE!,CE: S� �O� S W 7 S ComoesS
^C,.,•. yTc ; Scale ........
5ETSAc.K VAR- IAa 4te Date ........ .
Drn......Chk.
I oG MUTR MIAMI PLANNING 50ARD -earina N ...
�' x ?earing No...
r
/ � n
•: •�
Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
PB Minutes 1 -8 -91
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
Assistant Chief for Supportive Services for MetroDade Fire
Department J. J. Brown signed in. Chief Brown gave a brief history
of this project. Ms. Gonzalez asked if this station differs from
that which was contemplated when the City and the County reviewed
the Bakery Center development. Chief Brown explained that it
differs in that the original discussion involved the example of the
Kendall station. This is a variation of that project and is
somewhat larger.
Mr. Lefley asked why the station wants or needs to move from its
present location, was advised that since women are now members of
the department, dormitories have different requirements. The
present location's size does not allow for this expansion. Services
can be increased from this location when future funding becomes
available.
There being no one else wishing to speak on this subject, Mr.
Gutierrez closed the Public Hearing and asked for comments from
Staf f .
Mr. Mackey stated that the front setback is the only difficulty
with this project at this point.
Mr. Gutierrez feels that the square footage could be reduced by
further architectural design modifications.
Mr. Parr made a motion to approve the request.
Seconded by Mr. Eisenhart.
Vote: Approved: 4 Opposed: 1
(Gutierrez)
S TAF F RE P ORT
PB -90 -031
Applicant: Metro -Dade Fire Department
January 4, 1991
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
ANALYSIS
The applicant wishes to construct a fire station on property
adjacent and part of the MetroRail site to serve the area
surrounding with fire rescue services. The applicant is utilizing
predesigned configurations and will be unable to fit the
standardized project on the existing site. The applicant is
seeking variances in order to accomplish construction.
RECOMMENDATION
6 Note:
Staff recommends denial.
Site plans, floor plans, elevations will be presented at
the night of the meeting.
City of South Miami
6130 Sunset Drive. South Miami. Florida 33143
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
Property Owner: Metro -Dade Signature: -�( I
F Cc+e .� 'V
Address: 1.000 SW 67 Ave. Ntta.crt 33173
Phone Number:(3o5) 59l0 •81.53
� t=l..
(Represented By: SteVcn baker Organization: Mcfro• lade Frc �eP {•
Address: 1400 SW 67 AVc Phone: (305) 591 -81.00
Architect: Ted -No f man, 3t'. Phone: 442-4446
Engineer: Phone:
Owner X Option to purchase ,_.Contract to purchase Copy attached?
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
,Lot(s) Block Subdivision
IIMetes and Bounds:
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
ZVariance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
Briefly explain application and cite specific Code sections:
SUBMITTED MATERIALS
Letter of intent Hardship statement Reasons for change
Proof of ownership Power of attorney Contract to purchase
Current survey __xsite plan (7 copies) Required fee(s)
The undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belief.
1.17 -90 - le-k,) , C.n-&4r1J-dion-- anaic,
Date
Applicant's Signature and title
Up receipt, applications and all submitted materials will be reviewed fc..
oliance with City Codes and other applicable regulations. Applicatio:
ound not in compliance will be rejected and returned to the applicant.
USE ONLY :
DATE FILED
PB HEARING COMMISSION
ACCEPTED REJECTED
PETITION REQUIRED
aw
ADVERT DEADLINE OTHER INFO PETITION ACCEPTED
Metropolitan Dade County, Florida
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
(305) 596 -8600
December 14, 1990
City of South Miami
Planning Board
6130 Sunset Drive
South Miami, FL, 33143
Dear Sirs:
Subject: Metro -Dade Fire Station 14 Variance
The Fire Department is respectfully requesting a 10 foot variance of the front
set back requirement on a parcel of land located on the South Miami Metrorail
corridor property at 70 Street and U. S. 1.
The relocation and expansion of the South Miami fire station has been an iden-
tified need for several years. In 1984 after an exhaustive property search
both within and outside of the city limits, the present site was mutually
agreed upon by MDTA, the City of South Miami and the Fire Department because it
represented both the needs of Fire Department for access and location and the
wishes of the City to keep the station within the City limits. To that end,
the City, the County and the Bakery Center developer, Mr. Margulies, entered
into a Tri -Party Agreement providing for a future station on the site similar
to the Kendall Fire Station, No. 9. It also provided for the cost of construc-
tion to be shared by the Bakery Center developer (as part of DRI approval) and
Dade County.
Based on this agreement, the Fire Department proceeded with architectural draw-
ings and site preparation in 1987 at a cost thus far of $250,000. For the past
six months the department has worked closely with the South Miami Environmental
Review Board to achieve a mutually acceptable design. Now,,.at the request of
the City, subsequent to a legal interpretation of the Tri -Party Agreement and
in an effort to further cooperate with the City, the Department is seeking
official relief of 10 feet from the front set back requirement of the City
code. Without this relief, the department will be unable to construct the type
of station needed to meet the current and future needs of the South Miami com-
munity. Failure to construct a station on this site will reduce the level of
service proposed for the City, will result in a $250,000 loss to the Fire
Department of funds already spent on site preparation and station design and
may result in default of the Tri- Party Agreement.
For these reasons, the Fire Department requests favorable consideration of this
application for variance.
Sincerely,
( Brown, Assistant Chief
for Supportive Services
Always Ready, Proud to Serve
A 21.
METRO -DADE TRANSIT AGENCY
METRO -DADE CENTER
111 N.W. 1st Street-Suite 910 ��oo.oc
Miami, Florida 33128.1999 ��
December 17, 1990
Mr. Steven D. Bayer,
Construction Manager
FACILITIES MANAGEMENT BUREAU
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
SUBJECT: Fire Station No. 14 —
Metrorail South Miami Station
Dear Mr. Bayer:
As you are aware, there is an underground electric ductbank at
the Southeast corner of the proposed Fire Station building.
The location of said ductbank must be verified by Florida Power
& Light Co. and shown on the building plans, in order to
determine if the proposed building encroaches with the ductbank.
Under no circumstances the proposed building will be allowed over
the ductbank.
Leopold Van Bergen
Manager, Transit Utilities
& Right of Way
LVB /oeb
c: A. Rodriguez
F. Talleda
6 *__1
m
METRO -DADE TRANSIT AGENCY
METRO -DADE CENTER
111 Northwest First Street -Suite 910
Miami, Florida 33128.1999
December 19, 1990
Mr. Steven D. Bayer
Construction Manager
Facilities Management Bureau
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
Re: South Miami Metrorail Fire Station
Dear Mr. Bayer:
►AnawEx
This will confirm that subject to Metro -Dade Transit Agency (MDTA)
review and approval of all construction plans, MDTA has
tentatively approved the use of a parcel of land located at the
northeast corner of the South Miami Metrorail Station for
construction of a fire station. This approval shall also be
subject to review and approval of all Dade County Departments
having appropriate jurisdiction under the Code of Metropolitan
Dade County and issuance of all applicable permits from the Dade
County Building and Zoning Department.
Sincerely,
�s er Colby
Director
c: Chief M.E. Perry
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING REQUESTS FOR A
REQUEST VARIANCE FROM SEC. 204.4 (B) (11) OF THE LAND
DEVELOPMENT CODE TO ALLOW NINE PARKING SPACES WHERE
TWENTY -THREE ARE REQUIRED PURSUANT TO SEC. 20 -3.3 (D)
FOR USE AS AN AUTOMOBILE REPAIR AND BODY SHOP;
REQUESTED BY ROBERT STRICKLAND, SHARON STRICKLAND,
EDWARD PAWLEY III, AND CLARA PAWLEY FROM THE PLANNING
BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE
PROPERTY KNOWN AS 5786 PROGRESS ROAD, SOUTH MIAMI,
FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Robert Strickland, Sharon Strickland, Edward
Pavley III, and Clara Pawley requested the Planning Board of the
City of South Miami for a variance from Sec. 20 -4.4 (B) (11) of
the Land Development Code to allow nine parking spaces, where 23
are required for use as an automobile repair and body shop
pursuant to Sec. 20 -3.3 (D) for the property known as 5786
Progress Road, South Miami, Florida, which property is legally
described as..follows:
Lot 52, Lot 53, Lot 54, and Lot 55 , Block
Nine, TOWNSITE OF LARKINS, according to the
Plat thereof, as recorded in Plat Book 2 at
Page 105, of the Public Records of bade
County, Florida;
WHEREAS, on January 29, 1941, the Planning Board voted to
deny the variance request by a 5 - 0 vote; and
WHEREAS, the City Commission Staff Report recommended the
Board deny the request;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section-!,, That the request of Robert Strickland, Sharon
Strickland, Edward Pawley III, and Clara Pawley for a variance
from Sec. 20 -4.4 (B) (11) of the Land Development Code to allow
nine parking spaces where 23 are required for use as an
automobile repair and body shop pursuant to Sec. 20 -3.3 (D) for
the property known as 5786 Progress Road, South Miami, Florida,
be, and the same is, hereby denied.
7
PASSED AND ADOPTED this _.,th day of February, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
I
City ef " ith Miami
NOTICE OF PUBLIC HEARING
On Tuesday, February 5, 1991, at 7:30 P.M. in the Commissioners'
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley
Request: Variance from Section 20 -4.4 (B)(il) of the City of
South Miami Land Development Code to allow nine (9)
parking spaces where twenty -three (23) are required,
as per Section 20 -3.3 (D) for the proposed use of
Automobile Repair and Body Shop.
Legal: Lots 52, 53, 54 and 55, Block 9, of TOWNSITE OF
LARKINS, according to the plat thereof as recorded
in Plat Book 2 at Page 105 of the Public Records of
Dade County, Florida.
Location: 5786 Progress Road
South Miami, Florida 33143
YOU ARE HEREBY ADVI5ED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MAOE.WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286.0105)
-UBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
S TA F F REPORT
PB -90 -026
December 8, 1990
Applicant: Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley
Request: Variance from Section 20 -4.4 (B) (11) of the City of
South Miami Land Development Code to allow nine (9)
parking spaces where twenty -three (23) are required,
as per Section 20 -3.3 (D) for the proposed use of
Automobile Repair and Body Shop.
Legal: Lots 52, 53, 54 and 55, Block 9, of TOWNSITE OF
LARKINS, according to the plat thereof as recorded
in Plat Book 2 at Page 105 of the Public Records of
Dade County, Florida.
Location: 5786 Progress Road
ANALYSIS
The applicant constructed a warehouse facility which he now
wishes to use for automobile repair services. Such use requires
additional parking per the Land Development Code.
RECOMMENDATION
Staff recommends denial.
City of South Miami)
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, January 8, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
■: •�
Applicant: Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley
Request: Variance from Section 20 -4.4 (B)(11) of the City of
South Miami Land Development Code to allow nine (9)
parking spaces where twenty -three (23) are required,
as per Section 20 -3.3 (D) for the proposed use of
Automobile Repair and Body Shop.
Legal: Lots 52, 53, 54 and 55, Block 9, of TOWNSITE OF
LARKINS, according to the plat thereof as recorded
in Plat Book 2 at Page 105 of the Public Records of
Dade County, Florida.
Location: 5786 Progress Road
South Miami, Florida 33143
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MAOE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGS SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0103)
UBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
!IAM1. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
,LL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
-1 PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
IGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
4E AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
T A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF TH F_
:)NING DIRECTOR BY CALLING 6675691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
4OUIRY.
-3B100 -7 REV. f2 -9-61
THIS IS A COURTESY NOTICE
PLANNING BOARD
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PPLICANT: S TA G �C N
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:! TY SOU1'u SIAM! ^- PIAN DSO
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Pca 1e .G-1S, ,S � oWt1
Date.
ern. Wp1.Ch..... .
: ?ea ring :tio r" ?:C�6
ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY,
III, and CLARA PAWLEY,
Plai -t-4 ffs
% J .
CITY OF SOUTH MIAMI,
Defendant.
IN THE CIRCUIT COURT OF THt.
ELEVENTH JUDICIAL CIRCUIT', IPl
AND FOR DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
FLORIDA BAR 210.: 177061
COMPLAINT TO
OF A 20 ENJOIN ENFORCEMENT
NING ORDINANCE AND TO enMVrr_ rz
COME NOW Plaintiffs,
ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY, III, and CLARA PAWLEY, by and th
their undersi ned attorne s rough
g attorneys, and sue Defendant, CITY OF SOUTH
MIAMI, and as grounds therefor, state as follows:
JURISDICTION
1 . This is an action for equitable relief and for
declaratory judgment.
!ACTS
2. Defendant, CITY OF SOUTH MIAMI, is a municipality
LAW OF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I, MIAMI, FLORIDA 33130L M5) 374•4331 FAX: pCq 35&1755
Case No.: '
of the State of Florida.
3. (a) In March of 1988, Plaintiff, ROBERT STRICKLAND
appeareaJ at the office of the Defendant municipality charged with
enforcement of Defendant's Building and Zoning ordinances.
(b) At that time and place, Plaintiff, ROBERT
STRICKLAND spoke with Danilo Lopez, the City Planner employed in
that office.
(c) In the course of that conversation, Plaintiff,
ROBERT STRICKLAND advised Danilo Lopez that ROBERT STRICKLAND was
considering the purchase of a parcel of land located at 5786
Progress Road, South Miami, Florida, for the purpose of
constructing a structure thereon for automotive repairs and
service. The legal description of those parcels is Lots 52, 53;
54, 55, Block 9, of TOWNSITE OF.LARKINS, according to the Plat
thereof, Plat Book 2, at Page 105 of the Public Records of Dade
County, Florida.
(d) In the course of that conversation, Plaintiff,
ROBERT STRICKLAND asked Danilo Lopez what are the building and
zoning requirements, including, but not limited to parking
requirements, applicable to that proposed structure -at that
location.
(e) In response to that inquiry, Danilo Lopez,
acting within the course and scope of his employment, stated that
2
LAW OFF!CES Or STEPHEN M. ZUKOFF ISS SOUTH MIAMI AVENUE. PENTHOUSE I. MIAMI, FLOFIIDA 53130. (3051374.4331 FAX: (=158.1755
i• •
Case No.: I
J i
the parcels are within an "Intensive Use" zoning district and that
the par}:ing requirement is one parking space per 1,000 square feet
„f building floor space for automotive repairs and service and
supplied to Plaintiff, ROBERT STRICKLAND a diagram of a structure
and parking conforming to those specifications.
(f) Danilo Lopez failed to reveal that at that time
Defendant's zoning code specified one space for each 300 square
feet of floor space for retail establishments.
(g) In reliance upon the representations set out
in subparagraph 3(e) above, Plaintiff, ROBERT STRICKLAND did on May
i8, 1988, contract to purchase the said parcels for $213,750.00.
(h) Plaintiff, ROBERT STRICKLAND, then assigned to
himself, his wife, SHARON STRICKLAND, EDWARD PAWLEY, III and his
wife, CLARA PAWLEY, the rights under that contract and those
parties proceeded to closing on or about March 3, 1989, all in
reliance upon the said representations.
5. The said representations were rendered all the more
plausible to Plaintiffs because the numerous retail automotive
repair and service shops on other lots in the immediate vicinity
of the parcels here in question all had parking accommodations
consistent with those representations.
6. The said parcels would have been worth far less than
$213,750.00 at the time of purchase had those parcels required one
3
LAW OMCES OF STEPHEN M ZUK OFF 155 SOUTH MIAMI AVENUE. PENTHOUSE 1. MIMAI. FLORIDA 35190. (SOS{ 374.4331 FAX: (=358.1735
11
Case No.:
parking cpace per 300 square feet of floor space for an automotive
repair and service use.
7. in further reliance upon those representations,
Plaintiffs commenced construction and completed a structure on
those parcels modeled after the aforementioned diagram that Danilo
Lopez had supplied, designed for automotive repairs and service,
with enough parking spaces to meet the represented one space per
1,000 square feet of floor space requirement.
8. That structure consists of four bays or units that
Plaintiffs intended to sell or lease for use in automotive repair
and service.
9. (a) As presently constructed, that structure and
those parcels cannot accommodate parking spaces numerous enough to
comply with one- for - each - 300 - square- feet -of -that- structure spacing.
(b) To accommodate one space for each 300 square
feet of floor space, one of the four units would, at substantial
cost, have to be remodeled or demolished and converted to a parking
area common to the other three remaining units of the structure.
(c) That conversion would substantially reduce the
sale and rental proceeds that Plaintiffs would derive from the sale
or rental of the units and cause Plaintiffs a substantial net loss
because the cost of purchase of the parcels and the cost of
construction and remodeling would substantially exceed the
4
LAW OFRC ES CF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I, MIAMI, FLORIDA 33130. 005)374-433t FAX: (!05) 358.1!55
Iq
Case No.:
J �
realizable sales or rental proceeds.
10. (a) A certificate of occupancy was issued on August
23, 1969, after construction of the structure was completed.
(b) Plaintiffs then rented to various tenants the
bays in that structure to be used for auto repair and /or services.
(c) On or about August 31, 1989, the Defendant
issued an initial cease and desist order prohibiting the operations
referred to in 10 (b) above on the grounds that no occupational
license for automotive repairs and service use could be issued
because the zoning ordinance required one parking space for each
300 square feet of floor space for a retail establishment use.
11. on October 26, 1989, Defendant's zoning code was
superseded by adoption of a "Land Development Code," which
provides:
"Section 20- 3.3(D) Permitted Use Schedule
(3) off - street parking requirements for each
permitted or special use are referenced in the
"Parking" column (far right on the Schedule)
and are further defined in Section 20- 4.3(B).
12. The above - quoted reference to Section 20- 4.3(B) is
to the following provision:
5
LAW OFFICES 07 STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I, MIAMI. FLORIDA 33150. =) 574.4931 FA%: C_%W 958.1755
t
I , i.
Case No.:
110 sign, unless herein exce
erected, constructed Pted, hall be
or relocated Posted, painted, altered
authorized and until a permit has been
:zoning Department issued by the Building and
Signs in all zoning Pursuant to Section 20 -5,Z6.
'•'LTD and Ei district districts, except nor the
regulations in this Se
tion.e� subject to the
regulations for the Permitted sign
referenced in those sections of this Code.
13. The above - quoted reference to " the schedule's
Sec. 20- 3.3(E), co was to
Py of which is attached marked Exhibit "All.
Lander the heading "Automobile Repair and Body Shop ", that
lists in the "Parking" schedule
g column the code number 1111" but no legend
is provided as to what significance that code number
may have.
14. In Sec. 20 -3.3
(E) , merely footnoted with the symbol
"See" is the following Sec. 20- 4.4(B) of the "Land Dev
Code": elopment
(B) Space Requirements
The minimum number of off - street parking
spaces required for each permitted or special
use shall be as set forth below and referenced
in Section 20 -3.3E. Where fractional spaces
resulted, the number of spaces required shall
be the next highest whole number.
(1) Two (2) spaces per dwelling unit.
(2) Two (2) spaces per dwellin
provided that at least one g unit,
unit and seventy (70
) (1) space per
common spaces shall beenclosed of all percent
(3) one and one -half (1.5) spaces per
6
Law OFFICES OF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE. PENTHOUSE 1, MIAMI, FLORIDA 3313a (X5) 374,4331 FAX. n05) 358.1735
Case No.: '
J �
efficiency or study unit and two (20
spaces per unit with one or more bedrooms,
plus an additional visitor space for every
ten (10) units.
(Y) One (1) space per guest room, plus
two (2) spaces for the reception office.
(5) One and three - quarters (1.75) spaces
per bed.
(6) One (1) space per three (3) seating
spaces in the main assembly room.
(7) One (1) space per one hundred (100)
square feet of gross floor area.
(8) one (1) space per one hundred fifty
(150) square feet of gross floor area.
(9) One (1) space per two hundred (200)
square feet of gross floor area.
(10) One (1) space per two hundred fifty
(250) square feet of gross floor area.
(11) one (1) space per three hundred
(300) square feet of gross floor area.
(12 ) One (1) space per four hundred ( 4 00 )
square feet of gross floor area.
(13 ) One (1) space per five hundred ( 500 )
square feet of gross floor area.
(14) One (1) space per one thousand
(1,000) square feet of gross floor area.
(15) One (1) space per four (4) seats or
seating places,
(16) Five (5) spaces per alley or five
hundred (500) square feet of rink area.
7
LAW OFF,CES OF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I. MIAMI, FLORIDA 01190. (305) 074.4991 FAX:= 3WI753
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Case tic.: )
J ,
15. (a) After the adoption of the "Land Development
-ode ", Plaintiffs rented one of the bays in that structure to a
;,enant nit for retail but rather for repair of his own automobiles.
(b) Thereafter, Defendant issued a cease and desist
order prohibiting that use of the premises on the ground that the
parking space set aside on those premises do not comport with the
Code as to that use.
16. If the Plaintiffs sell or rent the said units or
bays for a use other than automobile repair and /or service, the
value of the parcels and the structure therein will be greatly
diminished.
17. Plaintiffs will suffer substantial losses because
that value described in Paragraph 16 will be substantially less
than the purchase price of the parcels and costs of construction.
COUNT I
DECLARATORY JUDGMENT
18. Plaintiffs, ROBERT STRICKLAND, SHARON STRICKLAND,
EDWARD PAWLEY, III, and CLARA PAWLEY, reallege each and every
allegation contained in Paragraphs 1 - 17 above as set forth herein
again and add thereto the following,
19. Any parking zoning regulation that would impose a
one space per three hundred square foot of floor space requirement
0
LAW 0---055 OF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE. PENTHOUSE I, MIAMI, FLORIDA 3913a 005) 374.4391 FAX: (305) 95&1?W
t
Case t1o.:
upon parcolo would be arbitrary and capricious because
virtuaii,., all of the other parcels in the immediate vicinity of
those r rc-.ls were "grandfathered" in prior to the adoption of any
_;ucr srzc: ng regulations.
20. Plaintiffs are in doubt as to the zoning under the
City of South Miami's "Land Development Code" as applied to the
parking facilities on the parcels in the context of an automobile
repair or service use of said parcels either as retail to the
public or for in -house repairs or service.
WHEREFORE, Plaintiffs, ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY, III, and CLARA PAWLEY, pray for the
following relief:
A. That the Court enter a declaratory judgment
declaring that the present parking accommodations on said parcels
do not violate the "Land Development Code" in the context of an
automobile repair or service use of said parcels and that a use for
in -house auto repairs be "grandfathered" in and not subject to any
changes in parking regulation under the new Code or alternatively
that the Code is unconstitutional as applied to the parking on the
parcels here at issue.
herein.
B. That the Court grant Plaintiffs' costs incurred
0
LAW OFF C;5 CF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE. PENTHOUSE I. MIAMI. FLORIDA 31130. t305)374-4331 FAX: (105) 358.1]55
i
Case flo..
• I
C. That the Court issue such other and further relief
as it .-.,iv deem proper.
ALTERNATIVE COUNT II
INJUNCTION AGAINST ENFORCEMENT OF A ZONING ORDINANCE
21. Plaintiffs, ROBERT STRICKLAND, SHARON STRICKLAND,
EDWARD PAWLEY, III, and CLARA PAWLEY, reallege each and every
allegation contained in Paragraphs 1 -17 and 19 above as set forth
herein again and add thereto the following.
22. Plaintiffs have suffered and will continue to suffer
irreparable harm in the event that they are required to provide one
parking space for each 300 square feet of floor area for an auto
repair and /or service use.
23. Plaintiffs have no adequate remedy at law.
WHEREFORE, Plaintiffs, ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY, III, and CLARA PAWLEY pray that the
Defendant be enjoined from enforcing the "Land Development Code"
Section 20- 3.3(D) and its further referenced sections so as to
10
LAW OFF -C ES CF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE. PENTHOUSE 1, MIAMI, FLORIDA 11110. (3051374.4]11 FAX: (3051058.1755
Case No.:
_,�auirc ?ciitic:ll_ parkinn --pace for an automotive repair or
servic, i::,� on t ^ooe premises.
:: STRICKLAND. 018
LAW OFFICE OF STEPHEN M. ZUKOFF
Attorney for Plaintiffs
Penthouse T 1
155 South Miami Avenue
Miami, Florida 33131
Phone: (305) 374 -4331
BY:
STEPHE M. ZUKOFF
AND -
LAW OFFICE OF ARTHUR J. MORBURGER
Attorney for Plaintiffs
Penthouse n 1
155 South Miami Avenue
Miami, Florida 33131
Telephone: (305) 374 -3373
ARTHUR J: MORBURGEW
Florida Bar No.: .%].57287
11
LAW oF= CES OF STEPHEN L1. ZI:KOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I. MIAMI, FLORIDA 3313(L 005) 374.4331 FAX: j305)358 -1755
November 14, 1990
City of South Miami
Building & Zoning
6130 Sunset Drive
South Miami, FL 33143
Attn: Planning Board
Request for a variance to allow automotive repairs and service in
my building at 5786 Progress Road. This is a new building. I
have been unable to lease or sell the 4 condo units, because of
the parking code.
The area is zoned for automotive and has approximately 40 small
auto shops in the 2 block area of Progress Road and Commerce Lane.
Each of these businesses has no more parking that I and in most
cases less parking. My building was totally designed for auto us-
age, conforming with the nature of the land as zoned.
The new parking code that I have been asked to comply with disal-
lows auto usage, because of insufficient parking. I might add
that my building is the only one in this area that cannot operate
an auto business because of parking.
These parking requirements have created a hardship. The building
is standing empty, not being used for a year. In many many cases
through advertising I have met potential users of-other types of
businesses, but all have refused to lease because of the almost
total area filled with auto repairs and service shops.
Sincerely,
Robert StriLkl
Owner
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CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT Robert Strickland, Sharon Strickland, tl�rncwn�-r S (WNER, TENANT, AGENT, ETC. SPECIFY,
Edward Pawlev III and Clara Pawlev
ADDRESS OF APPLICANT CITY STATE ZIP f PHONE
101 Sarto Avenue Coral Gables. FL 33134 305) 448 -8961
OWNER DATE OWNERSHIP OF PROPERTY OBTAINED
Same as applicant (larch 3. 1988
ADDRESS OF OWNER CITY STATE ZIP PHONE
Same as applicant
S PROPERTY OPTION OF CONTRACT FOR PURCHASET MORTGAGEK 15 NAME AND ADDRESS
YES X No Southeast Bank, N.A., 1 Financial Centre, .lia
IF APPLICANT 15 NOT OWNER, 13 LETTER OF AUTHORITY FROM OWNER ATTACNEDT YES NO
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOT(S) 52. 53, 54. 55 BLOCK 9
SUBDIVISION Townsite of Larkins PB 2, page 105
METES AND BOUNDS
SIZE OF AREA COVERED BY APPLICATION NAMES AND OFFICIAL WIDTHS OF ABUTTING P/W1S
11,500 square .feet I Progress Road I'detrorail
ADDITIONAL DEDICATIONS PROPOSED I3TRUCTUREB LOCATED ON PROPERTY
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING
X VARIANCE
EXCEPTION
AMEND SECTION OF CODE
OTHER (SPECIFY)
PRESENT ZONE CLASSIFICATION CHANGE OF ZONING REQUESTED Sq. ft.
Intensive Use Parking to one space for each 1000' flr. sp,
EXPLANATION OF ABOVE
Attached hereto is a copy of the Complaint fully explaining the reasons for
this application. This application shall not constitute a waiver of claims set
forth in the attached Complaint.
THE FOLLOWING SUPPORTING DATA REQUIRED 15 SU8MITTED WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION. )
CERTIFIED SURVEY SITE PLAN
STATE*0ENT OF REASONS OR CONDITIONS JUSTIFYING CHANGE REQUESTED
PROPOSED FLOOR PLAN HEARING FEE (CASH OR CHECK)
PHOTOGRAPHS
OTHER
'HE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENT MATCON AND ALL. SUPPORTING
DATA PURNI /SHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOwi-cmiG1T.�ND SELlE•
SIGNATURE -f ter!
FOR OFFIJE lu—no NLY
DATE OF HEA
r
ssloo —sI Rev.
r
HEARING NO.
DATE FILED 1�.
..�:
Application
Citu of South MlaMi
DEPARTMENT OF PLANNING AND ZONING
for Approval by Environmental Review Board
Type or Print
20Z 5Q- 7-c3 7"R Cl-_ /VL�' ���1
Owner: Phone:
Date of Submission
MATERIALS TO BE SUBMITTED
Date of Hearing
IN TRIPLICATE
Address: J
-7"' ,
BUILDING INFORMATION:
Dr611nq
❑ Enerav Efficiency Co.
Represented by:_ Phone:
Address:
Site Plan
um n ata
Architect,
PhoneG ,TP3
Landsca2e Plat
1st Fl, Elev. MSL
Electrical Data
Mechanical ata
Truss Plan
L3 Other
Engineer:
Phone:
ZONING:
p Lot Size
13 F.A.R.
Q Pr�l�ma Review
BRIEF DESCRIPTION OF PROJECT OR DEVELOPMENT: Plans
na1 Planns s
J Ll /
Lot Frontage
Park n an
Setbacks - Front
0 Spaces Required
ear
act ac e s
'
- Side
ca a aces
- Corner
overa e
fLUa_n_dsrd._
Stories b Height
en ac e
" '
Bldg. Elevations
Easements
Colors & Materials
Dedications
L-1 My f - co rbt a
ter
Estimated Cost
!
Use of Structure
0 R0„eidence
ommercial
❑ Sign, etc.
Q Gross Floor Area
SIGNS:
❑ Photos of Sitgz
Color - Background
/s
Shop Drawings
Color o lettering
Dimension of Sign
or Letters
❑ $ldg. Elevation
Showin Signs
Style o Letter n
Support of gn
Structure
[3 Other
Ap l�ca i s Name and Ti e
Is
Director, Planning and Zoning
J
ACTION TAKEN BY ENVIRONMENTAL REVIEW BOARD Z �3 b
s Date of ear ng
Approved as presented *Returned for Revision
Remarks
Date Director,,Planning and Zoning Chmn., En"nmental Review oa
SUBMISSION GUIDELINES
C1 All drawings must be specific, complete, accurate, drawn to
scale and labeled
❑ All drawings and photos must be submitted in triplicate.
❑ Materials and colors must be specified.
0 Shading devices (roof overhangs, awnings, trees, etc.) on
southern, eastern and western exposures should be utilized.
C] Cross ventilation in residential structures should be
provided.
❑ Landscape materials, where used, must be clearly specified.
❑ Large, commercial projects should include a model.
NO PERMIT WILL BE ISSUED UNTIL _rV-TQA7 X' �,F
r-70 CV. 11-30-0
Citu of South Miami
DEPARTMENT OF PLANNING AND ZONING
Application for Approval by Environmental Review Board
Type or Print "I I31 b
Owner << Date of Submission Date of Hear
r., t` %� /„ .4),�`•Ph ne. MATERIALS TO BE SUBMITTED IN TRIPLICATE
Address: ,,/D/
Represented by: S" Pho - BUILDING INFORMATION:
Address-•t 5 �,"
; / _
_13Plans & Drawings
Enerqy Efficiency Co.
Site Plan '.
Plumbinq Data
Architec o,�_-,
Phor;6- •'
Landsca a Plan
chanical Data & A.0
1st Fl Elev. , MSL
11 Truss Plan
Engineer:
Phone:
Electrical Data
13 Other
ZONING:
❑ Lot Size
❑ F.A.R.
BRIEF DESCRIPTION
13Preliminary
D Final Plans
OF PROJECT OR DEVELOPMENT:
Review
�� SG—
Lot Frontage
Parking an
Setbacks - Front
aces Required
- ear
- Side
- Corner
o act aces
an ca a aces
Lot Covers e
# Stories & Height
0 Lands d. Open Space
Bld Elevations
Q New Easements
Colors & Materials
Dedications
of - color &t a
0 6-ther
Estimated Cost
5 Dell G �L
Use of Structure
O Residence
19 Commercial
13 Sign, etc.
Gross Floor Area
SIGNS:
❑ Photos of Si
Color - Back round
Ap plicant $ Na Title L �'
Apme and
/s/
Director, Planning and.-Zoning
Shop Drawings
Color o etter n
Dimension of Sign
or Letters
❑ $ldg. Elevation
Showing Signs
Style -of-Lettering
Support of gn
Structure
D Other
ACTION TAKEN
Approved as
Remarks
BY ENVIRONMENTAL REVIEW BOARD
' C��� Date o Hearing
presented �L * eturned for Revision �
Date Director,.Planning and Zoning Chmn., Environmental Review Board
SUBMISSION GUIDELINES
0 All drawings must be specific, complete, accurate, drawn to
scale and labeled
❑ All drawings and photos must be submitted in triplicate.
D Materials and colors must be specified.
0 Shading devices (roof overhangs, awnings, trees, etc.) on
southern, eastern and western exposures should be utilized.
13 Cross ventilation in residential structures should be
provided.
Landscape materials, where used, must be clearly specified.
D Large, commercial projects should include a model.
NO PERMIT WILL BE ISSUED UNTIL EXPIRATION OF 15 -DAY APPEAL PERIOD
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF A MICROFILM /JACKET SYSTEM FOR A TOTAL PRICE NOT TO
EXCEED $ 91000.00 BY THE BUILDING AND ZONING
DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT
NUMBER 1610 -3480 "MICROFILMING"
WHEREAS, pursuant to the 1990 -91 Budget of the City of South
Miami, Florida, the Building and Zoning Department was authorized
to purchase a microfilm /jacket system; and
WHEREAS, the Administration of the City of South Miami has
now obtained a cost of S 9,000.00 from Professional Microfilm
Services, Inc. pursuant to the following governmental bid: Dade
County Bid No. 1444 -2 -89
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded to
Professional Microfilm Services, Inc. in an amount not to exceed
0 91000.00 for a microfilm /jacket system.
Section 2. That the disbursement be charged to account
number #:1610 -3480 "Microfilming ".
PASSED AND ADOPTED this day of January, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
ADMINISTRATION TO ENTER INTO A CONTRACT WITH WILLIE
TOMPKINS FOR THE OPERATION OF A CONCESSION STAND AT
MURRAY FIELD
WHEREAS, the Citv of South Miami Department of Recreation
operates a basketball program for the youth of the City at Murray
Field during the months of January through late May - early June;
WHEREAS, there presently exists a concession stand at Murray
Field equipped for the sale of soft drinks and snacks;
WHEREAS, the City does not have the personnel to operate the
concession stand and an operating concession stand would be a
desirable adjunct to the Recreation Department's basketball
program; and
WHEREAS, Willie Tompkins has offered to run the concession
stand upon a responsible basis, including obtaining $ 500,000.00
insurance, payment of $ 100.00 per month rent, and payment of an
additional S 25.00 per month toward electricity;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the City of South Miami
be, and hereby is, authorized to enter into a contract with
Willie Tompkins for the operation of a concession stand at Murray
Field for the months of February through June 14, 1991, or
through the end of the City's Basketball Program, whichever
occurs first, upon a responsible basis including obtaining
S 500,000.00 insurance, payment of S 100.00 per month rent, and
payment of an additional $ 25.00 per month toward electricity.
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
0
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND
WILLIE TOMPKINS FOR THE OPERATION OF A
CONCESSION STAND IN THE CITY'S MURRAY PARK
THIS AGREEMENT, entered into this day of February, 1991
between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
hereinafter referred to as the "City" and WILLIE TOMPKINS,
hereinafter referred to as "Tompkins ";
W I T N E S S E T H:
WHEREAS, the City is the fee simple owner of the Murray Park, at
6700 S. W. 58th Place, South Miami, Florida;
WHEREAS, a portion of the aforesaid property is equipped for the
sale of soft drinks and snacks as a concession stand, hereinafter
referred to as the "premises ";
WHEREAS, Tompkins desires to lease the premises from the City to
operate a Concession Stand; and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of February _, 1991 authorized the lease
of the premises on the terms and conditions as set forth below as
being in the best interests of the public and serving a valid
oublic purpose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as follows:
1. The Citv will lease to Tompkins the premises for the following
period: daily during those hours there is a City Recreation
Department event from Wednesday, February 6, 1991 through Friday,
June 19, 1991, or through the end of the City's Basketball Program,
whichever occurs first. Tompkins may sell whatever soft drinks
and /or snacks he desires, except no tobacco or alcohol may be sold.
Further, the City reserves the right to restrict the sale of other
items.
2. Tompkins shall pay the City a monthly rent of $ 100.00 per
month an the last business day of each month of the term of this
Bement.
3. The'City shall provide electric distribution to the extent
existing as well as water and meter to the premises as existing.
Tompkins shall pay to the City (in addition to rent) the sum of
$ 25.00 per month for electricity furnished on the last business
day of each month of the term of this Agreement.
4. The premises has been equipped with certain furnishings and
fixtures as per the attached Exhibit "A ". City hereby grants
permission to Tompkins to properly use the equipment set forth in
the attached Exhibit "A"; however, this equipment must be used
only at the premises and shall be returned to the City upon the
termination or expiration of this Agreement. The equipment shall
be returned in the same condition as when received except for
normal wear and tear. Excluding such normal wear and tear,
Tompkins shall replace all damaged equipment, furnishings, and
furniture belonging to the City with like quantity and such
replacement shall then become the property of the City.
S. The premises are a part of a larger facility, which is publicly
owned and operated, and therefore, the manner in which the
premises are operated will reflect upon the City. Therefore,
Tompkins' employees who have contact with the public must perform
their duties in an efficient and courteous manner. Fai-lure of an
employee to do so shall be grounds for the City to demand his or
her removal from duties in the facilities and failure of Tompkins
to honor any such request shall be grounds to terminate this
agreement.
6. Tompkins will at all times have qu
preparation and handling of food behind
shall control the conduct, demeanor,
employees, customers and patrons. Upon
concerning such conduct, demeanor, or
person, Tompkins shall immediately take
correct the cause of such objection.
alified personnel for the
the counter /kitchen and
and appearance of 'his
objection of the City
appearance of any such
all necessary steps to
7. Tompkins agrees that the rights contained in this Agreement
2
may in no way be utilized by Tompkins to interfere with the City's
recreational programs. Therefore, any proposed program or activity
must be first coordinated with, and given prior approval by, the
Citv's Recreation Department.
8. All property or items placed or moved on the premises shall be
at the sole risk of Tompkins and the City shall not be liable for
any loss or damage to such property or items.
9. Tompkins shall promptly execute and comply, at Tompkins's cost
and expense, with all statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and City
Government and of any and all their Departments and Bureaus
applicable to said premises for any purpose, including but not
limited to, health regulations; the correction, prevention and
abatement of nuisances or other grievances; and fire prevention
regarding said premises during the term of this Agreement.
10. In the event the premises shall be destroyed or so damaged or
injured by fire or other casualty during the life of this
Agreement, whereby the same shall be rendered untenantable, this
Agreement shall be terminated.
11. The faithful observance of all conditions of this. - Agreement
and of such other and further rules or regulations as may be
hereafter made by the City are the conditions upon which the
Agreement is made and accepted. Any failure on the part of
Tompkins to comply with the terms of said Agreement or any of said
rules and regulations now in existence, or which may be hereafter
prescribed by the City, shall, at the option of the City, work a
forfeiture and shall terminate this Agreement.
12. Tompkins shall not pledge this Agreement not attempt to sublet
all or any portion of the premises.
13. Tompkins agrees to indemnify, defend, and hold harmless the
Citv from all claims, suits, actions, damages or causes of action
arising during the term of this Agreement, including reasonable
3
attorney's fees and costs for any personal injury, including, but
not limited to loss of life, or damage to personal property
sustained on the premises by Tompkins or by any third party.
Tompkins shall maintain general liability insurance on the premises
in amounts of not less than Five Hundred Thousand Dollars
($500,000) per occurrence, with the City named as an additional
insured.
14. It is hereby understood and agreed that any sign or
advertising is proposed to be used in connection with the premises
by Tompkins, it shall be first submitted to the City for its
written approval before use of same shall be permitted.
15. All payments and notices are to be made to the City at:
City of South Miami
Attention: Finance Department
6130 Sunset Drive
South Miami, Florida 33143
and to Tompkins at:
6161 S.W. 69th Street
South Miami, Florida 33143
16. This Agreement may not be modified, except in writing signed
by both parties.
IN WITNESS WHEREOF, the parties have hereunto executed this
Agreement for the purposes expressed herein this day of
January, 1991.
Witnesses as to Tompkins:
WILLIE TOMPKINS
Witnesses as to Citv: CITY OF SOUTH MIAMI
4
by
City Manager
Attest:
City Clerk
(CITY
SEAL)
J.E. MURRAY PARK
CONCESSION STAND
SOUTH MIAMI, FLORIDA
FOOD SERVICE EQUIPMENT SCHEDULE
ITEM QUANTITY EQUIPMENT DESCRIPTION
COMMENTS
1 l 16 cu. ft, frigidaire
refrigerator with freezer
2 1 Tappan stainless steel
Four burners electric
countertop stove unit
1 Pepsi Machine with five
valves and gas tank Pepsi Cola
Co. /Owner
4 1 Stainless Steel double
sink with faucet
5 l Ten gallon electric hot
water heater
41
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, EXPRESSING SUPPORT, GRATITUDE AND
GOODWILL TO THE TROOPS OF THE UNITED STATES OF AMERICA AND
TO THE TROOPS OF THE ALLIED NATIONS AS THEY PRESERVE THE
FREE L,!ORLD .
WHEREAS, we are all aware of the Declaration of Congress
authorizing the President of the United States to engage our
troops in the Middle East; and
WHEREAS, troops of our Allied Nations have joined us in
this endeavor to preserve the free world; and
1147iIERF.AS, in this determined action, the various military
organizations; composed of mothers and fathers, sisters and
brothers, sons and daughters, have dedicated themselves to serve
with honor and courage; and
WHEREAS, this gives all of us an opportunity to rededicate
ourselves to safeguarding our freedom, to pride in our ideals and
to the strength of our nation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Comr.- -4ion of the City
of South Miami, Florida, express support, gratitude and goodwi.!
to the troops of the United States of America and of the Allied
Nations as they preserve the free worl-d.
Srcriop 7. That the t'ayor and City Commission urge
residents of the City of South Miami and of our Nation to
rededicate themselves to the ideals and strength of our Nation
and in the support of the men and women who serve our Country in
times of peace and war.
PASSED AND ADOPTED this day of , 1991,
ATTEST:
CITY CLFRK
WHEREAS,
/o.
APPROVED:
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING SHARLENE BUTLER AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that SHARLENE BUTLER be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
. -
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING CLARENCE PATTERSON AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Clarence Patterson be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
0, -
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING STANLEY STERBENZ AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Stanley Sterbenz be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
r
01 -
D
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING JIM WIEGREFE AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Jim Wiegrefe be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
s ,
.y
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING SANDRA WITHERSPOON AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Sandra Witherspoon be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
r'
r_
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF ONE PRO MARK MODEL 410 CHIPPER FOR THE PUBLIC WORKS
DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED $22,056 AND
PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1720-
6 430 .
WHEREAS, pursuant to the 1990 -91 Budget of the City of
South Miami, Florida, the Public Works Department of the City of
Sough Miami, Florida was authorized to purchase one Pro :lark
Model 10 Chipper and;
WHEREAS, the Administration of the City of South Miami
has now obtaine a cost of $'22,056 from DeBra Turf & Industrial
Equipment Co. pur uant to the,following governmental bid: 9028
Florida Internation 1 University.
NOW, THEREFOR BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE�CIT OF SOUTH MIAMI, FLORIDA:
Section 1.� That a` purchase order is hereby awarded to
Debra Turf & Industrial Equipment co. in an amount not to exceed
$22,056 for one P o Mark Model 410 Chipper.
Secti&n 2. That the disbursement be charged to account
number Public lks 1720 -6430.
PASSE11) AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
_.._ day of 1990.
APPROVED:
MAYO R
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
BID PROCEDURES FOR THE CITY'S FINANCE DEPARTMENT
PURCHASE OF COMPUTER SOFTWARE AS SET FORTH HEREIN
BELOW UPON THE BASIS THAT THERE IS ONE SOURCE OF
SUPPLY, AUTHORIZING AN EXPENDITURE NOT TO EXCEED
514,056.83 TO CITY COMPUTER SOLUTIONS INC.FOR THIS
SOFTWARE, CHARCING THE DISBURSEMENT TO ACCOUNT NO.
1410 -6430: "FINANCE DEPARTMENT- EQUIPMENT ".
WHEREAS, the Finance Department of South Miami has
previously budgeted the purchase of certain computer software,
specifically, packages for budget accounting, payroll, waste
billing, purchase order and encumbrances, in the 1990/91 budget;
and
WHEREAS, pursuant to that budgetary authorization, the
Finance Department has inquired with various suppliers to
determine the availability of the software; and
WHEREAS, the results of that inquiry have been that only
City Computer Solutions Inc. distributes this software; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
of supply, if available, such determination to be made—by the
Commission,
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 Administration
to waive the bid procedure set forth in Article III, Section 5 H
Of the City Charter, for the purchase of computer software, to-
wit: packages for budget accounting, payroll, waste billing,
purchase order and encumbrances, to be purchased by the City
Fiance Department upon the basis that this equipment is only
available from a single source of supply.
Section 2. That the City Administration be, and hereby is,
authorized to expend a sum not to exceed $ 14,056.83 to City
Iq
4
Computer Solutions Inc. for the purchase of computer software.
Section 3. That the disbursement be charged to account no.
1410 -6430: "Finance Department- Equipment ".
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
' OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
REGULAR CITY COMMISSION MEETING Next Resolution: 4 -91 -9080
7:00 PM ** *note special starting time Next Ordinance: 4 -.9I -1469
February 5, 1991 Next Commission Meet�ng:2 /19/91
A. Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Presentations:
Univeristy of Miami Students; winners in downtown South Miami
design competition
Charter Review Committee
D. Items for Commission Consideration:
a. Approval of Minutes:
1. December 18, 1990
2. January 2, 1991
3. January 15, 1991
b. City Manager's Report - discussion of financing; public works
c. City Attorney's Report and police station facilities
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance of the Mayor and City Commission of the City of South 3/5
Miami, Florida; amending Section 20 -3, 3 of the Land Development Code
of the City of South Miami to provide specific definitions for Satellite
Antennas; deleting "Satellite Antennae" from Section 20 -3, 3 (E);
deletin special use conditions for "Satellite Antennas" in Section 20 -3.4
(B) (15?; creating Section 20 -5.23 Satellite Antenna Procedures; providing
for severability; providing for ordinances in conflict; and providing for
an effective date. (Mayor McCann /Comm. Cooper)
* *Public hearing portion was closed at the meeting of 1/2/91.
Commission consideration and vote continues at this meeting
RESOLUTIONS FOR PUBLIC HEARING:
5. A Resolution approving requests for a waiver from Section 20- 4.2(C)(1) 3/5
of the Land Development Code of the City for required sidewalks,
curbs and gutters in the public right -of -way; and a partial waiver
from Section 20- 4.2(C)(1) of the Land Development Code of required
paving and drainage in the public right -of -way; both requests by
Mr. Stanley Toledo from the Planning Board of the City of South Miami,
Florida, for the property known as 6314 S.W. 49th Street, South
Miami, Florida, and legally described herein.
(Planning Board /Administration)
* *Public hearing portion was closed at the meeting of 12/18/90.
Commission consideration and vote continues at this meeting
6. A Resolution of the Mayor and City Commission of the City of South Miami, 4/5
Florida approving a request for a variance from dimensional requirements
for non - residential districts, Sec. 20 -5 (G) of the Land Development Code,
to permit a front set back of 10 feet where 20 feet are required, requested
by Metro -Dade Fire Department from the Planning Board of the City of South
Miami, Florida for the property known as 5860 SW 70 Street, South Miami,
Florida 33143, and legally described herein.
(Planning Board /Administration)
7. A Resolution of the Mayor and City Commission of the City of South Miami, 4/5
Florida denying requests for a request variance from Sec. 20 -4,4 (B) (11)
of the Lana Development Code to allow nine parking spaces where twenty -
three are required pursuant to Sec. 20 -3.3 (D) for use as.ian automobile
repair and body shop; requested by Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley from the Planning Board of the City
of South Miami, Florida for the property known as 5786 Progress Road ,
South Miami, Florida, and legally described herein.
(Planning Board /Administration)
k.
REGULAR CITY COMMISSION MEETING
FEBRUARY 5, 1991
PAGE 2
RESOLUTIONS:
8. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of a Microfilm /Jacket Sytem
for a total price not to exceed $9,000.00 by the Building and Zoning
Department and providing for disbursement from Account Number 1610-
3480 "Microfilming ".
(Administration) 3/5
9. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida authorizing the City Administration to enter into a
contract with Willie Tompkins for the operation of a concession stand
at Murray Field.
10 A Resolution of the Mayon and City Commission fo the City of South
Miami, Florida, expressing support, gratitude and Goodwill to the
troops of the United States of America and to the troops of the
Allied Nations as they preserve the free world.
(Mayor and Commission) 3/5
11. A Resolution of the City of South Miami, Florida, appointing
Sharlene Butler as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until
a successor is duly qualified and appointed.
(Mayor) 3/5
12. A Resolution of the City of South Miami, Florida, appointing
Clarence Patterson as a member of the City of South Miami Recreation
Board to serve in such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
(Mayor) 3/5
13. A Resolution of the City of South Miami, FL, appointing Stanley Sterbenz
as a member of the -City of South Miami Recreation Board to service in
such capacity until February 1, 1993, or until a successor is duly
qualified and appointed.
(Mayor) 3/5
14. A Resolution
Jim Wiegrefe
to serve in
successor is
of the City of South Miami, Florida, appointing
as a member of the City of South Miami Recreation Board
such capacity until February 1, 1993, or until a
duly qualified;iand appointed.
(Mayor) 3/5
15. A Resolution of the City of South Miami. Florida, appointing.
Sandra Witherspoon as a member of the City of South Miami Recreation Board
to serve in such capacity until February 1, 1993, or until a successor
is duly qualified and appointed.
(Mayor) 3/5
16. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the purchase of one Pro Mark Model 410 -
Chipper for the Public Works Department for a total price not the
exceed S22,056 and providing for disbursement from account number
1720 -6430
(Administration) 3/5
17. A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing a waiver of Bid Procedures for the
City's Finance Department purchase of Computer Software as set
forth hereinbelow upon the basis that there is one source of supply
authorizing an expenditure not to exceed S14,056.83 to City Computer
Solutions Inc. for this software, charging the disbursement to
Account No. 1410 -6430: "FINANCE DEPARTMENT - EQUIPMENT ".
(Administration) 3/5
REGULAR CITY COMMISSION MEETING
FEBRUARY 5, 1991
PArF I
ORDINANCES FIRST:READING
18. An Ordinance of the City of South Miami, Florida, amending the Land
Development Code of the City of South Miami, Florida, by providing
a definition of "Physical Therapist" in Section 20 -2. 3; permitting
"Physical Therapist" under Section 20 -3.3 (E) of the permitted use
schedule as a special use in Ro, Lo, and Mo Districts; providing for
special use requirements under Section 20 -3.4 (B) by adding a new
Subdivision (15); providing for severability, ordinances in conflict
and an effective date. (Mayor McCann)
REMARKS
Linda Werner, At Ease, 5844 Sunset Drive, to address the City
Commission regarding fines received for alarms that
were determined, by the City, to be "false ".
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing. such
person will need to ensure that a verbatim record of the proceed;ngs is
Aade, which record includes the testimony and evidence upon which the
appeal i.s,,based.
4/5
ORDINANCE 110. '_O -QO- 1450 -a,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA; AMENDING SECTION 20 -2.3 OF THE
LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI TO
PROVIDE SPECIFIC DEFINITIONS FOR SATELLITE ANTENNAS;
DELETING "SATELLITE ANTENNAE" FROM SECTION 20 -3.3 (E) ;
DELETING SPECIAL USE CONDITIONS FOR "SATELLITE ANTENNAS"
IN SECTION 20 -3.4 (B)(15); CREATING SECTION 20 -5.23
SATELLITE ANTENNA PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to provide
clarification of the use heretofore known in the Land Development
Code of the City of South Miami as "Satellite Antenna "; and
WHEREAS, the Mayor and City Commission desire to regulate and
make provisions for existing antennas which already installed; and
WHEREAS, the Mayor and City Commission desire to change the
procedure under which satellite antennas and microwave dishes are
permitted in the Land Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 DEFINITIONS be and the same is
hereby amended to include the following definitions:
ANTENNAS, SATELLITE EARTH STATION. Shall mean antennas restricted
to the sole purpose of receiving and amplifying microwave signals
for television reception and shall be permitted in residential and
commercial zoning districts.
ANTENNAS, MICROWAVE. Shall mean antennas restricted to the sole
purpose of receiving and /or transmitting and amplifying microwave
signals and shall be permitted in commercial districts only.
Section 2. That Section 20 -3.3 (E) Permitted Use Schedule be
and the same is hereby amended to delete the use
"satellite antennae" from the schedule as follows:
ZONING DISTRICTS
R RI RI RI RIRIRIR�RILIMINISIGIIJPIP!
S SIS SJTITIMIM O�OIOfRIRIRI 'IIR!
1 2I3 4i6 9$I4,
C P
O A
N R
D i K
S i G
i
c_S 1 BT5 i STS i S S;$ 9- s-
Sec7- ion 2 That Section 20 -3.4 (B) (15) of the Soecial Use
Conditions be and the same IS hereflv_ amenaea
contain the followina:
2_. i RESERVED.
Secticn That Section 20 -5.Z3 SATELLITE ANTENNA PROCEDURES
be and the same is herebv created as follows:
(A) SATELLITE EARTH STATION ANTENNAS:
That plans of satellite earth Station antennas shall be
submitted with each application for a building permit. which
shall include a site plan indicatina the height, diameter,
color, location, setbacks, foundation details, landscaping and
screening, and that such plans shall be subject to approval
by the E.R.P.B. and that such antennas shall be subject to the
following standards:
1. Location
(a) In all RS, RT -6 and RT -9 Districts only ground- mounted
antennas shall be permitted and such antennas shall be
located in the rear yard of that property or in the
interior side yard and not visible from the street.
(b) In all other districts, roof - mounted antennas shall be
permitted, provided, however, that such antennas shall
be screened from ground view by a parapet or some other
type masonry wall or screening. The minimum height and
design of such parapet, wall or screening shall be
subject to approval by the E.R.P.B.
(c) Ground - mounted antennas shall also be permitted in the
RM -18, RM -24 and commercial districts subject to the
applicable provisions of this section.
2. Landscaping
(a) Ground mounted antennas shall be screened by landscaping
from view from the street and adjacent property owners
so that such antennas are not visible between ground
level and eleven (11) feet above ground level as shall
be approved by the E.R.P.B.
(b) In order to reduce the height of the required plant
material, berms may be employed in conjunction with the
landscaping plan. All plant material, size (at
installation), quantity and spacing shall be specified
on the landscaping plan or site plan.
3. Diameter
(a) The diameter of such antennas shall not exceed ten (10)
feet un all RS, RT -6 and RT -9 Districts.
(b) The diameter of such antennas shall not exceed fifteen
(15) feet in all other districts.
Height
(a) Ground - Mounted antennas shall be limited to a maximum
height of eleven (11) feet above grade in all RS, RT -6
and RT -9 Districts and a maximum of fifteen (15) above
grade in all other dustricts.
✓; Roof- mounted antennas shat) he _united to a maximum
height cf fifteen ( 15 ) feet above the roof.
r-
Setbacks
Ground - mounted satellite antennas in the most extended
position shall conform to the following minimum setbacks:
(a) _. Rear and Side
in all RS, RT -6 and RT -9 Districts fifteen ( 15) feet
and in all other districts, rear and side setbacks
shall be provided as are required for the principal
building on the building site.
ii. Setbacks from Power Lines
Satellite antennas or any appurtenances thereto,
shall be located not less than eight (8) feet from
any powerline over two - hundred fifty (250) volts.
(b) In no case shall such satellite antennas be located
closer to the front or side street of a lot or building
site than the main or principal building.
(c) Where such a satellite antenna is located on a building
site which is fronting upon two or more streets, the
antenna shall maintain the same setback as required for
the principal building along each such street.
6. Impervious Coverage
The impervious coverage of such antennas shall be counted
in computing the impervious coverage for auxiliary and
accessory use structures located upon the building site.
7. color
Such satellite antennas and their appurtenances shall be
non - reflective black, green or the same color as the wall
to which it is attached (if not freestanding) and, to the
extent possible, shall be compatible with the appearance
and character of the neighborhood.
8. Number Permitted
Only one (1) satellite antenna shall be permitted for
each principal building.
9. Installation
(a) The installation or modification of all satellite
antennas shall be in accordance with all applicable
construction and safety codes and procedures and shall
meet the requirements of the South Florida Building Code.
(b) Roof - :counted antennas shall be anchored to the roof and
shall conform with the requirements of the South Florida
Building Code.
All antennas and appurtenances shall be so constructed
anti installed so as to withstand the forces due to wind
-oressure as provided for under the South Florida Building
Code, and ail anuiications shall include signed and
sealed drawings by a professional engineer.
10. Maintenance
Such satellite antennas, .appurtenances, landscapina and
screenina shall be kept and maintained in, acod condition.
-1. Existing Antennas
All antennas installed crier to Auaust 21, 1990, must be
brought into compliance by February 18, 1991 (180 days).
In order to appear before the E.R.P.B., each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Building Code and would not be an undue
hazard to the community of the City of South Miami.
12. Permit Required
All satellite antennas located in the City of South
Miami, Florida, must have a permit.
(B) MICROWAVE ANTENNAS:
That plans of such microwave antennas shall be submitted with
each application for a building permit, which shall include
a site plan drawn at a scale no smaller than 1 "= 20' -0"
indicating the diameter, screening, location and setbacks from
property lines and edges of building, a mounting detail drawn
at a scale no smaller than 1/211= 1' -0" indicating the height,
color and method of installation of the antenna and that such
plans shall be subject to approval by the E.R.P.B. and that
such microwave antennas shall be subject to the following
standards:
1. Location
In commercial districts only, roof - mounted microwave
antennas shall be permitted, provided, however, that such
antennas shall not be visible from the ground. Screening
from ground view may be provided by a parapet or some
other type of masonry wall or screening.
2. Diameter
The diameter of such microwave antenna shall not exceed
five (5) feet.
3. Heiaht
Roof - mounted antennas shall be limited to =_ maximum
height of ten (10) feet above the roof in their most
extended position.
4. Setbacks
a) Roof - :counted microwave antennas, in their most extended
cositicn., =hall confer.:, t:, the setback reaulrementS =or
the principal buildinw cn the buildina site.
.b) microwave antennas or any appurtenances thereto, shall
be l ccated not less t::an s i a_ ht 1 3 ) feet from any power
line over two hundred fifty (250) volts.
Color
:Microwave antennas and anv apnurtenances shall be white
or shall be the same color as the surface to which they
are attached.
e. Number Permitted
Only one (1) microwave antenna shall be permitted for
each principal building.
7. Installation
(a) The installation or modification of microwave antennas
shall be in accordance with all applicable construction,
safety codes and anchoring procedures and shall meet the
requirements of the South Florida Building Code.
(b) The microwave antenna and appurtenances shall be
constructed and installed so as to withstand the forces
due to wind pressure as provided in the South Florida
Building Code, and all applications shall include signed
and sealed drawings by a professional engineer.
8. Maintenance
Such microwave antennas,, appurtenances and screening
shall be kept and maintained in good condition.
9. Existing Antennas
r
All antennas installed prior to August 21, 1990, must be
brought into compliance by February 18, 1991 (180 days).
In order to appear before the E.R.P.B. each property
owner of land where an existing antenna is located must
provide a certified statement from a professional
engineer that the existing antenna does conform to the
South Florida Building Code and would not be an undue
hazard to the community of the City of South Miami.
10 Permit Reauired
All microwave antennas located in the Citv of South
Miami, Florida, must have a permit.
Section f. If anv_ 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 o. All Ordinances cr oarts of Ordinances _n conflict
herewith be and the same are hereby repealed.
Section 7. This Ordinance will take effect immediately at the time
of its passage.
PASSED AND ADOPTED this day of , 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
6
1 t
;. 2 () ORDINATTCE : n.
` ORDINANCE AMENDING SEC -10T' -0 -2.3 ^r T:iE LANs`
1Fj1ET OPMFTtT CODE OF 7-7F ... _ _ -n VDOVIn7 C- JECIETr
DEFIti'ITIONS FOR SATELLITE :NTE'?vAS , DELETI VC "S ATE.�LI C._
ANTE.TNA" FRCM SECTIOTT 20- .i,?(?1; nELE?'I:vG SPECIAL SITE
CONDITIONS FOR "SATELLITE ANTE NA PROCEDURES"; PROVIDING
FOR SEVERABILITY; PRO17TPING FOR ORDINANCES ON CONFLIC. AND
PROVIDING AIN EFFECTIVE DATE.
'loved by Llfavor McCann, seconded by Commissioner C000er,
this be considered the first reading of the ordinance in it
entirety and it be placed on seccnc� reading and public hearing
after receivine recommendations from the Planning Board.
'-Savor VcCann stated her amain concern is safety so the
oroposal is that a existing antennas must have a certified;
statement frog a Drotessional engineer that t:-ie existins antenna
does conform to the South Florida Ruil.dine Code but this can be
accomolished without the collars for a special use Provision
which will save that fee. It will he 1-75.Y0 for a permit, but
the S250 residential special use _fee and S45n commercial special
use fee will ',e eliminated. Vice-Mayor Carver reiterated that
there will be only a one time S75. ()n permit fee.
Moved by Commissioner Launcelott that pages and 5 he
amended so existing antennas are sranrfatherer!vrandmotnerec in.
`lotion did not receive a second.
Moved I-)v Ccmmissioner Launcelott the height for antennas
amended to urn to 1 for better reception. `lotion did not
receive a second.
`fovea Co: ^is s ioner. Launcelott that Page 2 ':)e amended to
state that round- mounted antennas in all 4istricts , '_ncludinz
RS, '?T -r" anti -e permitted to "ne a minimur+ o` 1"'' ahove
ara.de. `lotion ci: not receive a second.
Commissioner Launcelott noted that the antenna setbacks
snoul:: ;tart fro: the overhans not from the house, t:ZUS the :5'
criteria is not ractical. ',favor "cCann said -ariances could ;e
requested -z areas ::here the 1:' setback is a problem.
''oticn on cr ^finance passe^ '�: "avor "cCann, .,ea; "`.ce-
"avor Carver, ;yea: Commissioner = auncelott, .;ea; Commissioner
3anks -.-ea: C:,mmis -zioner ':goner, ea.
� T '
A ,
� , 1
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A
WAIVER FROM SEC, 20 -4.2 (C) (1) OF THE LAND
DEVELOPMENT CODE FOR REQUIRED SIDEWALKS, CURBS AND
GUTTERS IN THE PUBLIC RIGHT -OF -WAY; AND A PARTIAL
WAIVER FROM SEC. 20 -4.2 (C) (1) OF THE LAND DEVELOPMENT
CODE OF REQUIRED PAVING AND DRAINAGE IN THE PUBLIC
RIGHT -OF -WAY; BOTH REQUESTS BY MR. STANLEY TOLEDO FROM
THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA
FOR THE PROPERTY KNOWN AS 6314 S.K. 49th STREET, SOUTH
MIAMI, FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Mr. Stanley Toledo requested the Planning Board of
the City of South Miami as follows:
(1) a waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required sidewalks, curbs and gutters in the public
right -of -way; and
(2) a partial waiver from Sec. 20 -4.2 (C) (1) of the Land
Development Code of required paving and drainage in the public
right -of -way;
both requests for the property known as 6314 S.W. 49th Street,
South Miami, Florida, which property is legally described as
follows:
East 1/2 of the NW 1/4 of the NE 1/4 of the
SW 1/4, less the South 125 feet and less the
North 285 feet, of Section 24, Township 54
South, Range 40 East, lying and being in Dade
County, Florida;
WHEREAS, on November 27, 1990 the Planning Board vcted to
approve waiver zeauest no. 1 With recommendations to the City
Commission (a copy cf which is attached hereto) by a 5 - 1 vote
and to approve partial waiver request no. 2 with recommendations
to the City Commission (a copy of which is attached hereto) by a
- ? vote; and
WHEREAS, the City Commission Staff Report recommended the
B d "carefully consider and evaluate" both requests;
NOW. THEREFORE, BE IT RESOLVED BY THE MAYOR AND TuV. r.TTY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That request no. 1 of Mr. Stanley Toledo for a
waiver from Sec. 20 -4.2 (C) (1) of the Land Development Code -;Or
required sidewalks, curbs and nutters in the public .sight -of-
way for the property known as 6314 S.W. 49th Street, South
Miami, Florida, be, and the same is, hereby approved.
Section 25. That regue5t no. 2 of Mr. Stanley Toledo for a
partial waiver from Sec. 20 -4.2 (C) (1) of the Land Development
Code for required paving and drainage in the public right -of -way
for the property known as 6314 S.W. 49th Street, South Miami,
Florida, be, and the same is, hereby approved.
PASSED AND ADOPTED this th day of December, 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
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STAFF 1::? EI=1O1:;_' T
PB -90 -018
.ppiicant: Stan Toledo
November 1990
:eauest R1: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request n2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
ANALYSIS
The applicant seeks to waive the requirement to provide
sidewalks, curb, gutter and provide an alternative paving plan for
those three dedicated rights -of -way surrounding the property. The
applicant intends to develop the property with five single - family
residential homesites.
RECOTIMENDATION
The staff recommends that the Board carefully consider and
evaluate the proposal, in order to best recommend to the Commission
zhe improvements most appropriate for this area and in the best
interests of the citizens of the Citv of South Miami and neighbors.
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, November 27, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the Plannina Board of the City of South Miami will
conduct a Public Hearing on the -following matter.
On Tuesday, December 4, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
Applicant: Stan Toledo
Request nl: Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request n2: Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal: East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township..54 South, Range 40 East,
lying and being in Dade County, Florida.
Location: 6314 SW 49 Street
OU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
O ANY 'RATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
?OGEE =INGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE 714AT A VERBATIM RECORD OF THE PRO —
cEDINGS IS MADE, '.VHICH RECORD INCLJDES THE TESTIMONY AND EVIDENCE 'UPON WHICH THE APPEAL
9 TO BE BASED. =. S. 236. 010S1
HEARING WILL 3E HELD IN THE COMMISSION CHAMBERS A—, -4E CITY HALL, 6130 SUNSET DRIVE, =OUTH
FLORIDA, AT THE TIME AND DATE STATED ABOVE,
NTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
SON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
?EA INVOLVED. THE BOARD'S RECOttMENOATION ON THIS NIATTER WILL 13E HEARD BY THE CITY COMMISSION
1TURE =ATE. 'ITERESTED PARTIES REQUESTI,^4G INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
DIRECTOR BY CALLING 667 -5691 CR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
RY.
•7 ez '�Ev. IZ -9 -e1 THIS 15 A COURTESY NOTICE
PLANNING HOARD
We regiest that the subject property be developed with the intent
`to preserve as much of its present natural serenity so that only a small,
negative impact on the neighborhood and on the envircnmental ins
would occur. The rests sought at this public hearing will yield to
fewer trees being destroyed or replaced. To =rt=e S.W. 50th Street as
a street improvement thru the southern portion of the property would mean
destroying over twelve, stately, beautiful trees that are nestirx3 sights
for sr_ rrel s and birds. The increased traffic will hinder the life
styles of long- established residents who cherish the privacv afforded
them along the dead -end section and residents with your children playing
near the street that has very little traffic presently along S.W. 50th
Street. The non- =rt3.i=tion of the street would note impede traffic
since the street staggers at S.W. 64th Avenue.
The immediate streets within the city limits of this South Miami
neighbmthood are totally free of sidewalks. The lack of sidewalks adds
to the tr*>z,i 1 beauty since mmtiermus trees flourish where sidewalks
would exist.... thus no sidewalks.
We request that the pavement on S.W. 63rd Avenue not be widened
from S.W. 49th Street and S.W. 50th Street, as it would not serve to
enhance traffic flow.... nor would it have to be made a one -way street
since the pavement is narrow southward with two -way traffic. The narrow
road is preferred by neighbors since it retains the character of the
area's c aatry setting as it meanders southwat . over one -half mile to
Miller Road.
The southwest corner of the property that abuts the dead -end of
S.W. 50th Street has a cluster of trees in that per. Tb preserve the
trees, the street access to one lot in that same corner would only be a
ocmt=uation of the dead -end that ccaplies to Dade county street
codes. however, a T-tL= will be consbn=ted to pride
easy t=i-around for vehicles entering the dead -end.
SumIInaty: There is a definite hardship Vlat runs with the nature of
the land if all street and sidewalk imp -Vired.
Witness Stairiley Tbl _
Witness % l/ / Irwin gaskin, Tnist r
*0 1 0 �0i i • • • 91
Before me personally appeared Stanley Toledo and Irwin Raskin,
Trustee to me well known and }mown to me to be the pe=cm described in
and who executed the foreCTOing instn�, and ac)a=1edged to and before
me that they executed said instrument for the purposes therein expressed.
WITTiFS,S my hand and official seal, the 16th Day of October, 1990.
Notary Public- State srf;- 'lorica
My C==;ssicn E=ires:
NOTARY PUBLIC STATE OF FLORIDA
MY C =.. SSiO;.' EX?. ... 13.1590
5C4:..
I I Letter of Intent for -TDort-,cn NOT Included
RE: Folio -T"r09-4024-000-0750 Legal descrizticn: E 1/2 Of NW 1/4
of NE 1/4 of SW 1/4 less S 125 Ft. and less N 285- Ft. thereof, Section
24, Township 54 South, Range 40 Fist, lying and being in r)ngp County,
Florida as 1.87 acres, M/L
We are reauestm-g waiver of plat fcr 2.50 Ft. of the north p=ricn
Of the above Parcel. We are retaining the south 25 Ft. to sell to three
adjacent property Owners directly south and c==gucus to said propertj,
Witness
Witness
Stanley To
Irwin Raskin, 'Trustee
Before me persmaly appeared Stanley Toledo and Irwin Raskin►
Trustee to me well known and known to me to be the persons described in
and who executed the foregoing instr ++A*++•, and ad mawledged to and before
me that they executed said instnmerrt for the purposes therein expressed.
WITNESS my hand and official seal, the 16th Day of October, 1990.
Notary' Publicr/ Statezdf//FlE�
MY Camission Expires:
A0TA4Y NE -11C STATE v" rLORIDA
STATE OF FTCRMA
COJNI.'Y OF DA
Before me personally appeared Stanley 'Ibledo and . --= Raskin,
Trustee to me well known and }mown to me to be the persons described in
and who em=ted the foregoing int=ent, and acknowledged to and before
me that they evecuted said instrumnt for the u=poses therein expressed.
WIMMSS my hand and official seal, the 16th Day of October, 1990.
Notary Public, Stat of Florida
My C=issicn Expires:
NOTARY P"12LIC ST .-Tr OF FLORIDA
AY C01AiSSi�Ii Fx:. 6'C9 1S,1Ss0
800"0 TH�B GE ""RU I:.,. LIQ.
CitU of South Miami
r 0130 Sunset Drive. South Miami. Fioncia 33143
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD_
STAN LEY ,0i,.�= DG I iN I
oDerty Owner: ' Sianature:
dresS:' i 5 i B5 TERR I Phone Number: 7 _ F,p f ,j
�30� � 2 3 '
oresented Bv: �� ic!_Zt Oraanization:
OWNER
ziress :(5AM i ° Phone:
it ,
chitect: Phone:
gineer:�, 3ogFl L_ &C6.. IN(. Phone: 262 -g77S
ner X Option to purchase _ Contract to purchase _ Copy attached? I�
ap ,;cant is not owner, is letter of authority from owner attached?
t(s)
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
Block Subdivision
: -es and Bounds: E' /m- o-� N W 'fy 4 NE '/y a� S y�l �� �eSS 5.125 FT. � leis 6,2 6S
ereo-t , sNcfi. '? q, 7WF �`f 50, i fie- e 40 kas7, )Y,� a:+h �i►�c� � ►� 1�� �'.�ut�'ry.
ori�a.,'i ►.c� 87 Acres, M/L- ��Fo,_co Dq-- h — c07�a�
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
_ Variance Special Use
Home Occupational License
Rezoning Text Amendment to LDC
FUD Approval PUD Majcr Change
3riefly explain application and cite specific Code sections:
NA IV ttz..- 0 r M c' iz =, v c.t -�-t ; : 17 — i I 2 0—
FU c I�cj ir,- tzcc �I(Z
I V J ,p c. A--i ; C AA-? ant 17 - A ; No iv c�L- t C I+✓ Pc R N (r t� �� ►,�c
SUBMITTED MATERIALS
X
Letter of intent,P'r
Hardship statement '�
Reasons for change
For rjo.1 .NOT tociudM
See A-7f"-+4mi- le•r+er
Proof of ownership
Power of attorney
Contract to purchase
X
Current survey
k Site plan (5r"copies ) V
Required fee(s)
The undersigned has
_nfortation and all
zo he best of the
mate
read this completed application and represents the
submitted materials furnished are true and correct
applicant's knowledge and belief. L
�2GC� -» t ✓,r ^`..: ELK , ! -4. *� 1 ��!�1 •^'�
J
%onlicant's Sianature and title
'Don receipt, applications and all submitted materials will be reviewed fcr
:ompi_ance wit: Cat., C:.des and other appi_zable rsaula�_cns. !Dvlicstions
'ound t'jk5mpliance will be rejected and returned to the applicant.
USE ONLY
DATE '7B--F' ING //— / -�
DATE FILED /G —/:L
COMMISSION
ACCEPTED REJECTED
PETITION REQUIRED AL
INE OTHER INFO PETITION ACCEPTED
PER
'� it
IN
- i.
- ------------------------
. �00
.17
S 'T�
am-�
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, December 18, 1990, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
iV:=j8j=83
Applicant: Stan Toledo
Request #1:
Waiver of required sidewalks, curbs and gutters in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Request #2:
Partial waiver of required paving and drainage in
the public right -of -way per Section 20 -4.2 (C) (1)
of the adopted Land Development Code.
Legal:
East 1/2 of the NW 1/4 of the NE 1/4 of the SW 1/4
less the South 125 feet and less the North 285 feet
of Section 24, Township 54 South, Range 40 East,
lying and being in Dade County, Florida.
Location:
6314 SW 49 Street
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS 15 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. ;F. 5. 286. 0105)
JBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
IAM1, FLORIDA, AT THE TIME AND DATE STATED ABOVE.
LL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
GHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
IE AREA INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL Be HEARD BY THE CITY COMMISSION
A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE
:KING DIRECTOR BY CALLING 667 -5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
!QUIRY_
PLANNING BOARD
8100 -7 Bz REV. Iz_9 -91 THIS IS A COURTESY NOTICE
STAN MIEDO
IRS411 RAS=
9095 S.W. 87th Avenue
Miami, Florida 33176
December 12, 1990
City of South Miami n mttissioners and Mayor
RE: 6314 S.W. 49th Street
Dear Sirs:
We were dedicating 50 feet for street right of way referred, to as
Parcel "E" on our submitted waiver of plat survey. We also submitted a
letter of intent to retain 25 feet of the southern most portion of the
property and stated we intended to sell, to three adjoining property
owners.
Please accept this letter as an moment to the above proposals.
We will retain the northern most 200 feet of the property (referred to as
Parcels "A," "B, " "CIO' "D, " and "F" in our submitted survey) . The legal
description of our property indicates cates that we own 25 feet south of the 50
feet dedicated street right of way. If, in fact, we own the 25 feet,
then the three adjoining properties are encroaching on our property -
Thus, we are ackrx wledging in this letter to be submitted to the hearing
before the Mayor and Commissioners that we are dedicating 75 feet ... 50
feet for street right of way and 25 feet for proper redistribution to the
three adjoining properties. We are not obligating ourselves to any
eacpenses or legal oamnitment that may arise with this dedication.
dedication and deed of any rights we may have to title of the 25
feet, we will have released our rights to the 75 foot width parcel.
Sincerely,
Stan Toledo
-. -T h•
`i
THIS INSTRUMENT PREPARED BY: Folio Number:
Carol F. Keys, Esq. 09- 4024 -CM -0750
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
THIS QUIT -CLAIM DEED, executed this iK day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to EDWARD B. DAVIS AND PATRICIA K DAVIS, his wife, whose
post office address is 6327 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party° and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 153 ft. of the South 25 feet of the East k of NW ;of NE 4- of SW 4- less
South 125 feet and less North 285 feet of Section 24, Township 54 South, Range 40
East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same togetherwith all and singularthe appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
L.S.
. „�,,� ; i.•.� �.�.f. /� ,�� L.S.
Irwin Raskin, Trustee
STATE OF FLORIDA,
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this /.!:. day of December A.D. 1990.
DTil ►;
My 'CommissiorrExpr
90150.C.8
NOTARY PUBLIC, STATE OF FLORIDA
THIS INSTRUMENT PREPARED BY:
Carol F. Keys, Esq.
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
Folio Number:
09- 4024 -000 -0750
�1
THIS QUIT -CLAIM DEED, executed this (i day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to RALPH J. IRELAND and GERTRUDE IRELAND, his wife,
whose post office address is 6301 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 80 feet of the East 105 feet of the South 25 feet of the East i of NW 4 of NE
4 of SW 4 less South 125 feet and less North 285 feet of Section 24, Township 54
South, Range 40 East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same together with all and singularthe appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
/ ��
`— 'St ley To
S.
L.S.
i Irwin Raskin, Trustee
STATE OF FLORIDA,
COUNTY OF DADE
HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this : = =Zday of December A.D. 1990.
NOTARY PUBLIC, STATE -OF FLORIDA'
My Cc
a.aaa
90150.C.10
THIS INSTRUMENT PREPARED BY: Folio Number:
Carol F. Keys, Esq. 09- 4024 - 000 -0750
9095 S.W. 87th Ave., Suite 777
Miami, Florida 33176
THIS QUIT -CLAIM DEED, executed this i day of December, A.D. 1990, by STANLEY TOLEDO and
IRWIN RASKIN, TRUSTEE, first parties, to MANUEL ALVAREZ and TRACEY ALVAREZ, his wife, whose
post office address is 6311 SW 50th Street, Miami, Florida, second parties:
(Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporation, wherever the
context so admits or requires)
WITNESSETH, that the said first parties, for and in consideration of the sum of $10.00 in hand paid by the said
second parties, the receipt whereof is hereby acknowledged, do hereby remise, release and quit -claim unto the said second
parties forever, all the right, title, interest, claim and demand which the said first parties has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of Dade, State of Florida, to wit:
The West 80 feet of the East 185 feet of the South 25 feet of the East 2 of NW 4 of NE
4 of SW 4 less South 125 feet and less North 285 feet of Section 24, Township 54
South, Range 40 East, lying and being in Dade County, Florida.
This is not the homestead nor contiguous to the homestead of the Grantors.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or
in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first parties, either
in law or equity, to the only proper use, benefit and behoof of the said second parties forever.
IN WITNESS WHEREOF, the said first parties have signed and sealed these presents the day and year first
above written.
Signed, sealed and delivered in presence of:
L.S.
�-- � to ey Toledo
>i�� .✓ ��.i i % 1/ `�'�.�C; ?�lt�_ �'TLLV1 L.S.
Irwin Raskin, Trustee
STATE OF FLORIDA,
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgments, personally appeared STANLEY TOLEDO and IRWIN RASKIN,
TRUSTEE, to me known to be the persons described in and who executed the foregoing instrument and they
acknowledged before me that they executed the same.
WITNESS•my hand and official seal in the County and State last aforesaid this ";,!16 day of December A.D. 1990.
NOTARY PUBLIC, STATE'OF FLORIDA
Oto
:1 b-o L
My Com ,ssio
90150.C.9
Verbatim of motion by Manuel Gutierrez, Jr., PB Meeting 11 -27 -90
Stan Toldeo application.
Request #1: "I would like to make a motion to approve Request #1
which is granting the waiver of the required sidewalks, curbs and
gutters in the Public Right -of -way per Section 20 -4.2 ( C) (1) of the
adopted Land Code with the following recommendation to the City
Commission. That the sidewalk requirement on SW 49th Street (on
the North side of the property in question) shall not be waived.
Said sidewalk to be constructed as per City of South Miami
standards as much as possible, considering that adjustments shall
be made in the sidewalk design to avoid cutting down any mature
trees whenever practically possible. The owner shall prepare and
submit to the City Commission a survey showing the proposed
sidewalk and existing trees in the property. Said submittal shall
be made prior to or in conjunction with the owner's building permit
application for any development of the lot in question or part of
it. Recommendation #2: That this waiver is not perpetually granted
and the City of South Miami has the right, at any time, to amend
that the applicant or future owners of the property will complete
the balance of the required sidewalks, curbs and gutters."
Seconded by Mr. Parr.
Vote:
Request 12:
Approved: 5 opposed: 1
(Jenkins)
Manuel Gutierrez, Jr.: "I would like to make a motion that Request
#2 will be approved and grant the partial waiver of the required
sidewalks, curbs and gutters in the Public Right -of -way per Section
20 -4.2 (C)(1) of the adopted Land Development Code with the
following recommendation to the City Commission. I would like to
recommend that an alternate paved access be submitted other than
the one presented to us today in the blueprints.. Said alternate
plan will be presented in the way of a survey, again showing the
proposed paved access and the mature trees in the property,
avoiding cutting down the two trees whenever practically possible.
This submittal to the City Commission is to be made prior to or in
conjunction with the owner's building permit application for any
development of the lot in question or subsequent owners."
Seconded by Mr. Parr.
Vote:
I;i -
Approved: 5 Opposed: 1
(Jenkins)
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A REQUEST FOR A
VARIANCE FROM DIMENSIONAL REQUIREMENTS FOR NON-
RESIDENTIAL DISTRICTS, SEC. 20 -5 (G) OF THE LAND
DEVPLOPMENT CODE, TO PERMIT A FRONT SET BACK OF 10 FEET
WHERE 20 FEET ARE REQUIRED, REQUESTED BY METRO-DADE
FIRE DEPARTMENT FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 5860
S.W. 70TH STREET, SOUTH MIAMI, FLORIDA 33143, AND
LEGALLY DESCRIBED HEREIN
WHEREAS, the Metro -Dade Fire Department .requested the
Planning Board of the City of south Miami for a variance from
Dimensional Requirements for Non - Residential Districts, Sec. 20--5
(G) of the Land Development Code, to permit a front set -back of
10 feet, where 20 feet are required, for the property known as
5860 S.W. 70th Street, South Miami, Florida 331430 which property
Is legally described as follows:
See--attached Exhibit "All
WHEREAS, on January 8, 1991 the Planning Board voted to
grant the variance request by a 4 - I vote; and
WHEREAS, the City Commission Staff Report recommended the
Board deny the request;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of the Metro -Dade Fire
Department for a variance from Dimensional Requirements for Non -
Residential Districts, Sec. 20 -5 (G) of the Land Development
Code, to permit a front set -back of 10 feet, where 20 feet are
required, for the property known as 5860 S.W. 70th Street, South
Miami, Florida 33143, be, and the same is, hereby granted.
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
r�
APPROVED:
MAYOR
2
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South 1/t o6 the Soutkta4t 114 of 44td Seat.4ox tS joA a dt4t4MC4 of
t4t.90 jtet to a PO4Rt aj lntt.444cyttvx 104tk the, 44C of a Roc- t4K0tKt
d4ACU44A 4UAV4 ctxc4V4 to tkt SVUthW44t, the CtKteA of Wklck "A"
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4e.etloxt tktxct AUpt Soatk4a4t&4kV to Soutkwe4ttA4V 44oR9 the aAC d{
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47 4teoxd4 jaA ax aAd dJ.A,taxct of 91.11 Jett to a Point of tAX04RCY
W4th the NoAtkwt4t;Aly Rlght -aj -Way 4494 9 4d4d Stitt XV4d No. S
(U.S. No. 1); tktxe4 Aux Soutk 41 deg -tte4 L atkUt44 it 44eoKd4 Wt4.t
aloe 44ld NVAtklo44ttAi V Rtgkt-td -WaV 44.94 04 S.tatt Road Rio. 5 ( U, S.
No.,f) joA a dl4taRce of 51,31 jttt to tkt Pfj.4t of 34giKRlKg.
Coata.4aZKg 31.561 4quaAe 444t aoxt OA 4444.
Exhibit "A"
City of South Miami
NOTICE OF PUBLIC HEARING
On Tuesday, February 5, 1991, at 7:30 P.M. in the Commissioners,
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
PB-90 -031
Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
6 TOOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS 15 MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
MIAMI. FLORIDA. AT THE TIME AND DATE STATED ABOVE.
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REFERENCE: S G (p ft SW +7Q S Compass
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Applicant: Metro -Dade Fire Department
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
PB Minutes 1 -8 -91
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
Assistant Chief for Supportive Services for MetroDade Fire
Department J. J. Brown signed in. Chief Brown gave a brief history
of this project. Ms. Gonzalez asked if this station differs from
that which was contemplated when the City and the County reviewed
the Bakery Center development. Chief Brown explained that it
differs in that the original discussion involved the example of the
Kendall station. This is a variation of that project and is
somewhat larger.
Mr. Lefley asked why the station wants or needs to move from its
present location, was advised that since women are now members of
the department, dormitories have different requirements. The
present location's size does not allow for this expansion. Services
can be increased from this location when future funding becomes
available.
There being no one else wishing to speak on this subject, Mr.
Gutierrez closed the Public Hearing and asked for comments from
Staff .
Mr. Mackey stated that the front setback is the only difficulty
with this project at this point.
Mr. Gutierrez feels that the square footage could be reduced by
further architectural design modifications.
Mr. Parr made a motion to approve the request.
Seconded by Mr. Eisenhart.
Vote: Approved: 4
Opposed: 1
(Gutierrez)
S TAF F REPORT
Ps -90 -031
Applicant: Metro -Dade Fire Department
January 4, 1991
Request: Variance from Section 20 -5G Dimensional Requirements
Nonresidential Districts of the City of South Miami
Land Development Code to permit a front setback of
ten (10) feet where twenty (20) feet is required.
Location: 5860 S.W. 70 Street
South Miami, Florida 33143
ANALYSIS
The applicant wishes to construct a fire station on property
adjacent and part of the MetroRail site to serve the area
surrounding with fire rescue services. The applicant is utilizing
predesigned configurations and will be unable to fit the
standardized project on the existing site. The applicant is
seeking variances in order to accomplish construction.
RECOMMENDATION
Staff recommends denial.
Note: Site plans, floor plans, elevations will be presented at
the night of the meeting.
City of South Miami
6130 Sunset Drive. South Miami. Florida 33143
N%4;�JOF APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD
Property Owner: Metro - Dadd Signature: -7(
F
Address: (�000 SW 87 Avc. Phone Number:(305) 5%1 -81055 1
M1a.Ml � r —�. 33173 -
`Represented By: 5teVCn Organization: Mctro -Made Firc
Address • !0000 SW 6i AVC Phone: 305) 5910 - 81.00
Architect: Ted -Ho f man, 3r. Phone: 442 - 44008
Engineer: Phone:
Owner X option to purchase _.Contract to purchase _ Copy attached?
If applicant is not owner, is letter of authority from owner attached?
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
JLot(s) Block Subdivision PB
IIMetes and Bounds:
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
Variance Special Use Rezoning Text Amendment to LDC
Home Occupational License PUD Approval PUD Major Change
Briefly explain application and cite specific Code sections:
Letter of intent
Proof of ownership
XCurrent survey
SUBMITTED MATERIALS
Hardship statement
Power of attorney
,Site plan (7 copies)
Reasons for change
Contract to purchase
Required fee(s)
T.a undersigned has read this completed application and represents the
information and all submitted materials furnished are true and correct
to the best of the applicant's knowledge and belief.
121-1-7 -90 i�c,�J�l�1 -tom Cons�ruc�ron Mangy
Date
Applicant's Signature and title
receipt, applications and all submitted materials will be reviewed for
liance with City Codes and other applicable regulations. Applications
d not in compliance will be rejected and returned to the applicant.
USE ONLY : DATE FILED ACCEPTED REJECTED
PB HEARING COMMISSION
PETITION REQUIRED
qw-
ADVERT DEADLINE OTHER INFO PETITION ACCEPTED
Metropolitan Dade County, Florida
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
(305) 596 -8600
December 14, 1990
City of South Miami
Planning Board
6130 Sunset Drive
South Miami, FL-33143
Dear Sirs:
Subject: Metro -Dade Fire Station 14 Variance
The Fire Department is respectfully requesting a 10 foot variance of the front
set back requirement on a parcel of land located on the South Miami Metrorail
corridor property at 70 Street and U. S. 1.
The relocation and expansion of the South Miami fire station has been an iden-
tified need for several years. In 1984 after an exhaustive
both within and outside of the city limits, the Property search
agreed upon by MDTA, the City of South Miami and the Fire Departments because mutually
represented both the needs of Fire Department for access and location and the
wishes of the City to keep the station within the City limits. To that end,
the City, the County and the Bakery Center developer, Mr. Margulies, entered
into a Tri -Party Agreement providing for a future station on the site similar
to the Kendall Fire Station, No. 9. It also provided for the cost of construc-
tion to be shared by the Bakery Center developer (as part of DRI approval) and
Dade County.
Based on this agreement, the Fire Department proceeded with architectural draw-
ings and site preparation in 1987 at a cost thus far of $250,000. For the past
six months the department has worked closely with the South Miami Environmental
Review Board to achieve a mutually acceptable design. Now,.at the request of
the City, subsequent to a legal interpretation of the Tri -Party Agreement and
in an effort to further cooperate with the City, the Department is seeking
official relief of 10 feet from the front set back requirement of the City
code. Without this relief, the department will be unable to construct the type
of station needed to meet the current and future needs of the South Miami com-
munity. Failure to construct a station on this site will reduce the level of
service proposed for the City, will result in a
0
Department of funds already spent on site preparation anndOstation design Fire
may result in default of the Tri- Party Agreement.
For these reasons, the Fire Department requests favorable consideration of this
application for variance.
Sincere ,
. Brown, Assistant Chief
for Supportive Services
Always Ready, Proud to Serve
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METRO -DADE TRANSIT AGENCY
METRO•DADE CENTER
111 N.W. 1st Street-Suits 910 „n„oo„oE
Miami, Florida 33128.1999 '!44
December 17, 1990
Mr. Steven D. Bayer,
Construction Manager
FACILITIES MANAGEMENT BUREAU
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
SUBJECT: Fire Station No. 14 -
Metrorail South Miami Station
Dear Mr. Bayer:
As you are aware, there is an underground electric ductbank at
the Southeast corner of the proposed Fire Station building.
The location of said ductbank must be verified by Florida Power
& Light Co. and shown on the building plans, in order to
determine if the proposed building encroaches with the ductbank.
Under no circumstances the proposed building will be allowed over
the ductbank.
Leopold Van Bergen
Manager, Transit Utilities
& Right of Way
LVB /oeb
c: A. Rodriguez
F. Talleda
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METRO -DADE TRANSIT AGENCY
METRO -DADE CENTER
111 Northwest First Street -Suite 910
Miami, Florida 3312 8-1999
December 19, 1990
Mr. Steven D. Bayer
Construction Manager
Facilities Management Bureau
Logistical Services Division
Fire Department
6000 S.W. 87th Avenue
Miami, Florida 33173 -1698
Re: South Miami Metrorail Fire Station
Dear Mr. Bayer:
Q-01
v
This will confirm that subject to Metro -Dade Transit Agency (MDTA)
review and approval of all construction plans, MDTA has
tentatively approved the use of a parcel of land located at the
northeast corner of the South Miami Metrorail Station for
construction of a fire station. This approval shall also be
subject to review and approval of all Dade County Departments
having appropriate jurisdiction under the Code of Metropolitan
Dade County and issuance of all applicable permits from the Dade
County Building and Zoning Department.
Sincerely,
ester Colby
Director
c: Chief M.E. Perry
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA DENYING REQUESTS FOR A
REQUEST VARIANCE FROM SEC. 20- -4.4 (B) (11) OF THE LAND
DEVELOPMENT CODE TO ALLOW NINE PARKING SPACES WHERE
TWRNTY -THREE ARE REQUIRED PURSUANT TO SEC. 20 -3.3 (D)
FOR USR AS AN AUTOMOBILE REPAIR AND BODY SHOP;
REQURSTED BY ROBERT STRICKLAND, SHARON STRICKLAND,
EDWARD PAWLEY III, AND CLARA PAWLEY FROM THE PLANNING
BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE
PROPERTY KNOWN AS 5786 PROGRESS ROAD, SOUTH MIAMI,
FLORIDA, AND LEGALLY DESCRIBED HEREIN
WHEREAS, Robert Strickland, Sharon Strickland, Edward
Pawley III, and Clara Pawley requested the Planning Board of the
City of South Miami for a variance from Sec. 20 -4.4 (B) (11) of
the Land Development Code to allow nine parking spaces, where 23
are required for use as an automobile repair and body shop
pursuant to Sec. 20 -3.3 (D) for the property known as 5786
Progress Road, South Miami, Florida, which property is legally
described as.. follows:
Lot 52, Lot 53, Lot 54, and Lot 55 , Block
Nine, TOWNSITE OF LARKINS, according to the
Plat thereof, as recorded in Plat Book 2 at
Page 105, of the Public Records of Dade
County, Florida;
WHEREAS, on January 29, 1991, the Planning Board voted to
deny the variance request by a 5 - 0 vote; and
WHEREAS, the City Commission Staff Report recommended the
Board deny the request;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the request of Robert Strickland, Sharon
Strickland, Edward Pawley III, and Clara Pawley for a variance
from Sec. 20 -4.4 (B) (11) of the Land Development Code to allow
nine parking spaces where 23 are required for use as an
automobile repair and body shop pursuant to Sec. 20 -3.3 (D) for
the property known as 5786 Progress Road, South Miami, Florida,
be, and the same is, hereby denied.
71
r 1,
I PASSED AND ADOPTED this th day of February, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
T 2
City ef "ith Miami
NOTICE OF PUBLIC HEARING
On Tuesday, February 5, 1991, at 7:30 P.M. in the Commissioners'
Chambers, the City Commission of the City of South Miami will
conduct a Public Hearing on the following matter.
.�
Applicant: Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley
Request: Variance from Section 20 -4.4 (B)(11) of the City of
South Miami Land Development Code to allow nine (9)
parking spaces where twenty -three (23) are required,
as per Section 20 -3.3 ( D ) for the proposed use of
Automobile Repair and Body Shop.
Legal: Lots 52, 53, 54 and 55, Block 9, of TOWNSITE OF
LARKINS, according to the plat thereof as recorded
in Plat Book 2 at Page 105 of the Public Records of
Dade County, Florida.
Location: 5786 Progress Road
South Miami, Florida 33143
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE.WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGV SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO -
CEEDING5 IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286.0105)
PUBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
I
S TA F F REPORT
PB -90 -026
December 8, 1990
Applicant: Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley
Request: Variance from Section 20 -4.4 (B)(11) of the City of
South Miami Land Development Code to allow nine (9)
parking spaces where twenty -three (23) are required,
as per Section 20 -3.3 (D) for the proposed use of
Automobile Repair and Body Shop.
Legal: Lots 52, 53, 54 and 55, Block 9, of TOWNSITE OF
LARKINS, according to the plat thereof as recorded
in Plat Book 2 at Page 105 of the Public Records of
Dade County, Florida.
Location: 5786 Progress Road
ANALYSIS
The applicant constructed a warehouse facility which he now
wishes to use for automobile repair services. Such use requires
additional parking per the Land Development Code.
RECOMMENDATION
Staff recommends denial.
City of South Miami
PLANNING BOARD
NOTICE OF PUBLIC HEARING
On Tuesday, January 8, 1990, at 7:30 P.M. in the Commissioners'
Chambers, the Planning Board of the City of South Miami will
conduct a Public Hearing on the following matter.
PB -90 -026
Applicant: Robert Strickland, Sharon Strickland,
Edward Pawley III, and Clara Pawley
Request: Variance from Section 20 -4.4 (B)(11) of the City of
South Miami Land Development Code to allow nine (9)
parking spaces where twenty -three (23) are required,
as per Section 20 -3.3 (D) for the proposed use of
Automobile Repair and Body Shop.
Legal: Lots 52, 53, 54 and 55, Block 9, of TOWNSITE OF
LARKINS, according to the plat thereof as recorded
in Plat Book 2 at Page 105 of the Public Records of
Dade County, Florida.
Location: 5786 Progress Road
.South Miami, Florida 33143
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO-
CEEDINGS 15 MAOEI WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. (F. S. 286. 0105)
'UBLIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH
IIAMI. FLORIDA, AT THE TIME AND DATE STATED ABOVE.
,LL INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE
•1 PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE
1GHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR
AE AREA INVOLVED. THE BOARDS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION
T A FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF T1+F
:)NING DIRECTOR BY CALLING 667_5691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING
10UIRY.
S 01 00-7 REV. 12 -9-61
THIS IS A COURTESY NOTICE
PLANNING BOARD
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ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY,
III, and CLARA PAWLEY,
Pla-4 tiffs
CITY OF SOUTH MIAMI,
Defendant.
IN THE CIRCUIT COURT OF THE,
ELEVENTH JUDICIAL CIRCUIT', I'll AND FOR DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO:
FLORIDA BAR NO.: 177061
COMPLAINT TO ENJOIN ENFORCEMENT
OF A ZONING ORDINANCE AND TO COMPEL REZONING
COME NOW Plaintiffs, ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY, III, and CLARA PAWLEY, by and through
their undersi ned attorneys, g
g Y , and sue Defendant, CITY OF SOUTH
MIAMI, and as grounds therefor, state as follows:
JURISDICTION
1 . This is an action for equitable relief and for
declaratory judgment.
FACTS
2• Defendant, CITY OF SOUTH MIAMI, is a municipality
LAW OF:IC;S CF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENT14OUSE 1. MIAMI, FLORIDA 331X DO) 374.4331 FAX; r-%oq 3561753
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Case No.:
J 1
of the of Florida.
3. (a) In March of 1988, Plaintiff, ROBERT STRICKLAND
appearc-, at the office of the Defendant Municipality charged with
enforccment of Defendant's Building and Zoning ordinances.
(b) At that time and place, Plaintiff, ROBERT
STRICKLAND spoke with Danilo Lopez, the City Planner employed in
that office.
(c) In the course of that conversation, Plaintiff,
ROBERT STRICKLAND advised Danilo Lopez that ROBERT STRICKLAND was
considering the purchase of a parcel of land located at 5786
Progress Road, South Miami, Florida, for the purpose of
constructing a structure thereon for automotive repairs and
service. The legal description of those parcels is Lots 52, 53;
54, 55, Block 9, of TOWNSITE OF LARKINS, according to the Plat
thereof, Plat Book 2, at Page lay of the Public Records of Dade
County, Florida.
(d) In the course of that conversation, Plaintiff,
ROBERT STRICKLAND asked Danilo Lopez what are the building and
zoning requirements, including, but not limited to parking
requirements, applicable to that proposed structure at that
location.
(e) In response to that inquiry, Danilo Lopez,
acting within the course and scope of his employment, stated that
2
LAW OFFICES O% STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE 1. MIAMI, FLORIDA 33130. (30511744331 FAX: (305)358.1755
i.
Case No.:
r
the parcels are within an "Intensive Use" zoning district and that
the par}:ing requirement is one parking space per 1,000 square feet
building floor space for automotive repairs and service and
supplied to Plaintiff, ROBERT STRICKLAND a diagram of a structure
and parking conforming to those specifications.
(f) Danilo Lopez failed to reveal that at that time
Defendant's zoning code specified one space for each 300 square
feet of floor space for retail establishments.
(g) In reliance upon the representations set out
in subparagraph 3(e) above, Plaintiff, ROBERT STRICKLAND did on May
18, 1988, contract to purchase the said parcels for $213,750.00.
(h) Plaintiff, ROBERT STRICKLAND, then assigned to
himself, his wife, SHARON STRICKLAND, EDWARD PAWLEY, III and his
:wife, CLARA PAWLEY, the rights under that contract and those
parties proceeded to closing on or about March 3, 1989, all in
reliance upon the said representations.
5. The said representations were rendered all the more
plausible to Plaintiffs because the numerous retail automotive
repair and service shops on other lots in the immediate vicinity
of the parcels here in question all had parking accommodations
consistent with those representations.
6. The said parcels would have been worth far less than
$213,750.00 at the time of purchase had those parcels required one
3
L,,w OFrjC ES OF STEPHEN M ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE[. MIAMI, FLORIDA 33130, (105) 374.4331 FAX: (105) 358.1755
t.
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Case No.
J i
par} :ing --pace per 300 square feet of floor space for an automotive
repair acid service use.
7. In further reliance upon those representations,
Plaintiffs commenced construction and completed a structure on
those parcels modeled after the aforementioned diagram that Danilo
Lopez had supplied, designed for automotive repairs and service,
with enough parking spaces to meet the represented one space per
1,000 square feet of floor space requirement.
3. That structure consists of four bays or units that
Plaintiffs intended to sell or lease for use in automotive repair
and service.
9. (a) As presently constructed, that structure and
those parcels cannot accommodate parking spaces numerous enough to
comply with one -for- each - 300 - square - feet -of- that - structure spacing.
(b) To accommodate one space for each 300 square
feet of floor space, one of the four units would, at substantial
cost, have to be remodeled or demolished and converted to a parking
area common to the other three remaining units of the structure.
(c) That conversion would substantially reduce the
sale and rental proceeds that Plaintiffs would derive from.the sale
or rental of the units and cause Plaintiffs a substantial net loss
because the cost of purchase of the parcels and the cost of
construction and remodeling would substantially exceed the
4
LAW OF.' +CFS OF STEPHEN M. ZUKCFF 155 SOUTH MIAMI AVENUE, PENTHOUSE 1, mmi. mcntOA 31130. M5) 374-A331 FAX: (b03)35a•1753
Iq
Case No.: '
realizable sales or rental proceeds.
10. (a) A certificate of occupancy was issued on August
23, 1989, after construction of the structure was completed.
(b) Plaintiffs then rented to various tenants the
bays in that structure to be used for auto repair and/or services.
(c) On or about August 31, 1989, the Defendant
issued an initial cease and desist order prohibiting the operations
referred to in 10 (b) above on the grounds that no occupational
license for automotive repairs and service use could be issued
because the zoning ordinance required one parking space for each
300 square feet of floor space for a retail establishment use.
11. On October 26, 1989, Defendant's zoning code was
superseded by adoption of a "Land Development Code," which
provides:
"Section 20- 3.3(D) Permitted Use Schedule
(3) Off- street parking requirements for each
permitted or special use are referenced in the
"Parking" column (far right on the Schedule)
and are further defined in Section 20-4.3(B).
12. The above - quoted reference to Section 20- 4.3(B) is
to the following provision:
5
LAW OFFICES OF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE. PENTHOUSE 1. M(AMI. FLORfDA 91190. M5) 374.1331 FAX: (305} 358.1755
i
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Case No..
No sign, unless herein excepted, shall be
erected, constructed, posted, painted, altered
or relocated, until a permit has been
authorized and issued by the Building and
zoning Department pursuant to Section 20 -5.16.
signs in all zoning districts, except for the
"UD and 11 districts, shall be; subject to the
regulations in this Section. Permitted sign
regulations for the PUD and H districts are
referenced in those sections of this Code.
13. The above - quoted reference to "the Schedule" was to
Sec. 20- 3.3(E) , copy of which is attached marked Exhibit "A ",
Under the heading "Automobile Repair and Body Shop ", that schedule
lists in the "Parking" column the code number "11" but no legend
is provided as to what significance that code number may have.
14. In Sec. 20 -3 . 3 (E) , merely footnoted with the symbol
"See" is the following Sec. 20- 4.4(B) of the "Land Development
Code ":
(B) Space Requirements
The minimum number of off- street parking
spaces required for each permitted or special
use shall be as set forth below and referenced
in Section 20 -3.3E. Where fractional spaces
resulted, the number of spaces required shall
be the next highest whole number.
(1) Two (2) spaces per dwelling unit.
(2) Two (2) spaces per dwelling unit,
provided that at least one (1) space per
unit and seventy (70) percent of all
common spaces shall be enclosed.
(3) One and one -half (1.5) spaces per
R
LAW OFFICES OF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I. MIAMI, FLORIDA 11190. (505) 374.A331 FAX: (305) 358.1750
C
0
Case Mo.: ,
efficienc%, or studv unit and
spaces per unit With one or more bedrooms
Plus an additional �,isitor space e eoery
ten (10) units.
(Y) One (1) space per guest room,
two (2) spaces for the reception Office.
perbOnde and three - quarters (1.75) spaces
(6) One (1) space per three 3
spaces in the main assembly room.
Seating
(7) One (1)ospace per one hundred (100)
gross floor area.
(150 Oe (1) space per one hundred fifty
square feet of gross floor area.
(9) One (1) space per two hundred
square feet of gross floor area. (200)
(10) One (1) space per two hundred fifty
(250) square feet of gross floor area.
(11) one (1) space per three hundred
(300) square feet of gross floor area.
(12) One (1) space per four hundred (400)
square feet of gross floor area.
(13) One (1) space per five hundred (500)
square feet of gross floor area.
(14) One (1) space per one thousand
square feet of gross floor area.
(15) One (1) space per four (4) seats or..,,
seating places.
(16) Five (5) spaces per alley or five
hundred (500) square feet of rink area.
7
LAW OFF'CES OF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE. PE-NT14OUSE I, MIAMI. FLORIDA 3313a M5) 374.4331 FAX: (, M 359.1755
4
Case rlo.: I
15. (a) rafter the adoption of the "Land Development
:ode ", Plaintiffs rented one of the bays in that structure to a
tenant noz for retail but rather for repair of his own automobiles.
(b) Thereafter, Defendant issued a cease and desist
order prchibiting that use of the premises on the ground that the
parking space set aside on those premises do not comport with the
Code as to that use.
16. If the Plaintiffs sell or rent the said units or
bays for a use other than automobile repair and /or service, the
value of the parcels and the structure therein will be greatly
diminished.
17. Plaintiffs will suffer substantial losses because
that value described in Paragraph 16 will be substantially less
than the purchase price of the parcels and costs of construction.
COUNT I
DECLARATORY JUDGMENT
18. Plaintiffs, ROBERT STRICKLAND, SHARON STRICKLAND,
EDWARD PAWLEY, 111, and CLARA PAWLEY, reallege each and every
allegation contained in Paragraphs 1 - 17 above as set forth herein
again and add thereto the following.
19. Any parking zoning regulation that would impose a
one space per three hundred square foot of floor space requirement
0
LAW O:r'CES 0: S7EPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I. MIAMI, FLORIDA 33134 =5)374-4331 FAX: (30g35&1IMS
Case No..
upon jai(: parcel -- would be arbitrary and capricious because
virtual 1, :, all of the other parcels in the immediate vicinity of
those were " grandfathered" in prior to the adoption of any
such s;:,:; ng regulations.
20. Plaintiffs are in doubt as to the zoning under the
City of South Miami's "Land Development Code" as applied to the
parking facilities on the parcels in the context of an automobile
remair or service use of said parcels either as retail to the
public or for in -house repairs or service.
SJHEREFORE, Plaintiffs, ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY, III, and CLARA PAWLEY, pray for the
following relief:
A. That the Court enter a declaratory judgment
declaring that the present parking accommodations on said parcels
do not violate the "Land Development Code" in the context of an
automobile repair or service use of said parcels and that a use for
in -house auto repairs be "grandfathered" in and not subject to any
changes in parking regulation under the new Code or alternatively
that the Code is unconstitutional as applied to the parking on the
parcels here at issue.
herein.
B. That the Court grant Plaintiffs' costs incurred
7
LAW OFF CES CF STEPHEN M. ZUKCFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I, MIAMI, FLORIDA 3313(. (305)374.A331 FAX: =)358.1755
Case Ila . .
J {
C. That the Court issue such other and further relief
as i z -may deem proper.
ALTERNATIVE COUNT II
INJUNCTION AGAINST ENFORCEMENT OF A ZONING ORDINANCE
21. Plaintiffs, ROBERT STRICKLAND, SHARON STRICKLAND,
EDWARD PAWLEY, III, and CLARA PAWLEY, reallege each and every
allegation contained in Paragraphs 1 -17 and 19 above as set forth
herein again and add thereto the following.
22. Plaintiffs have suffered and will continue to suffer
irreparable harm in the event that they are required to provide one
parking space for each 300 square feet of floor area for an auto
repair and /or service use.
23. Plaintiffs have no adequate remedy at law.
WHEREFORE, Plaintiffs, ROBERT STRICKLAND, SHARON
STRICKLAND, EDWARD PAWLEY, III, and CLARA PAWLEY pray that the
Defendant be enjoined from enforcing the "Land Development Code"
Section 20- 3.3(D) and its further referenced sections so as to
10
LAW OFF,,ES CF STEPHEN M. ZUKOFF 155 SOUTH MIAMI AVENUE, PENTHOUSE I. MIAMI. FLORIDA 93130. (30513744331 FAX: (505)958.1755
r• :tau i r. . - :1,d i t i c:1,1 1
Case No..
parking space for an �.uto„notive repair or
on t:- ose premises.
F:STRICKLAN D.018
LAW OFFICE OF STEPHEN I'1. ZJKOFF
Attorney for Plaintiffs
Penthouse #' 1
155 South Miami Avenue
Miami, Florida 33131
Phone: (305) 374 -4331
BY:
STEPHE M. ZUKOFF
AND -
LAW OFFICE OF ARTHUR J. MORBURGER
Attorney for Plaintiffs
Penthouse n 1
155 South Miami Avenue
Miami, Florida 33131
Telephone: (305) 374 -3373
ARTHUR J. MORBURGEW
Florida Bar No.: .157287
11
LAW OF= -ES OF STEPHEN M. ZI:KOFF 155 SOUTH MIAMI AVENUE. PENTHOUSE I. MIAMI, FLORIDA 33130. =5)374-4331 FAX:0051358.1755
November 14, 1990
City of South Miami
Building & Zoning
6130 Sunset Drive
South Miami, FL 33143
Attn: Planning Board
Request for a variance to allow automotive repairs and service in
my building at 5786 Progress Road. This is a new building. I
have been unable to lease or sell the 4 condo units, because of
the parking code.
The area is zoned for automotive and has approximately 40 small
auto shops in the 2 block area of Progress Road and Commerce Lane.
Each of these businesses has no more parking that I and in most
cases less parking. My building was totally designed for auto us-
age, conforming with the nature of the land as zoned.
The new parking code that I have been asked to comply with disal-
lows auto usage, because of insufficient parking. I might add
that my building is the only one in this area that cannot operate
an auto business because of parking.
These parking requirements have created a hardship. The building
is standing empty, not being used for a year. In many many cases
through advertising I have met potential users of-other types of
businesses, but all have refused to lease because of the almost
total area filled with auto repairs and service shops.
Sincerely,
Robert Stric.kl
Owner
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CITY OF SOUTH MIAMI
APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD (FILE IN DUPLICATE)
THIS APPLICATION MUST BE COMPLETED AND RETURNED, WITH ALL REQUIRED SUPPORTING DATA TO THE OFFICE OF THE
ZONING DIRECTOR BEFORE PROCEEDINGS MAY BE STARTED FOR PUBLIC HEARING.
APPLICANT Robert Strickland, Sharon Strickland, AS (OWNER, TENANT, AGENT, ETC. SPECIFY)
Edward Pawlev_III, and Clara Pawl.ev Own r
ADDRESS
Sarto APPLICANT
Avenue Coral CITY S
. FLTATE 33134 1(305) 448 -89(
OWNER DATE OWNERSHIP OF PROPERTY OBTAINED
Same as applicant ,March 3. 1988
ADDRESS OF OWNER CITY STATE ZIP PHONE
Same as applicant
15 PROPERTY OPTION OF CONTRACT FOR PURCHASET MORTGAGEE IS NAME AND ADDRESS
YES X No Southeast Bank, N.A., 1 Financial Centre, Ali
IF APPLICANT IS NOT OWNER, IS LETTER OF AUTHORITY FROM OWNER ATTACHED? YES NO
LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION
LOT(S) 52, 53. 54, 55 BLOCK 9
SUBDIVISION Townsite of Larkins Ps 2 , page 105
METES AND BOUNDS
SIZE OF AREA COVERED BY APPLICATION
NAMES AND OFFICIAL WIDTHS OF ABUTTING Pj WAS
11,500 square .feet
Progress Road �,Jetrorail
ADDITIONAL DEDICATIONS PROPOSED
STRUCTURES LOCATED ON PROPERTY
T
APPLICATION TO THE PLANNING BOARD FOR ACTION ON THE FOLLOWING:
CHANGE OF ZONING
EXCEPTION OTHER (SPECIFY)
X VARIANCE
AMEND SECTION OF CODE
PRESENT ZONE CLASSIFICATION
CHANGE OF ZONING REQUESTED sq. ft.
Intensive Use
Parking to one space for each 10001 fir. sp.
EXPLANATION OF ABOVE
:attached hereto is a copy of the Complaint fully explaining the reasons for
this application. This application
shall not constitute a waiver of claims set
forth in the attached Complaint.
THE FOLLOWING SUPPORTING DATA REQUIRED IS SUBMITTED
WITH THIS APPLICATION. (ATTACHED HERETO AND MADE
PART OF APPLICATION. )
CERTIFIED SURVEY
SITE PLAN PHOTOGRAPHS
STATE141ENT OF REASONS OR CONDITIONS JUSTIFYING
CHANGE REQUESTED
PROPOSED FLOOR PLAN
HEARING FEE (CASH OR CHECK) OTHER
THE UNDERSIGNED HAS READ THIS COMPLETED APPLICATION AND REPRESENTr. rift'1NIFpRMATI-ON AND AL&_ SUPPORTING
DATA FURNISHED IS TRUE AND CORRECT TO THE BEST OF HIS KNOGE�.ND S[L1ET i
SIGNATURE
FOR OFF( NLY
I
DATE OF HEA DE� t
112�-
HEARING NO.
,
rs ■too -sl REV. •-'
DATE FILED /
�i■r�
Cite of South MlaMi
DEPARTMENT OF PLANNING AND ZONING
Application for Approval by Environmental Review Board
Type or Print
�e ZE -7" cr 7-,Q ! Ckx -9N D -g�G J
Phone:
Date of Submission
KVERIALS TO BE SUBMITTED
Date of Hearing
IN TRIPLICATE
Address: J
7-0 AV, C,
BUILDING INFORMATION:
Plans & Dra'inqs
Enerov Efficiency Co.
Represented by Phone:
Address:
Site Plan
0 PTumbi—ng--D—ata
Architect,
6ftne
Landscape Plan
[31st Fl. Elev. , MSL
echan ca ata
Q Truss Plan
Engineer:
Phone:
Electrical Data
C3 Other
ZONING:
0 Lot Size
17 F.A.R.
BRIEF DESCRIPTION OF
Wr inary Review
Mffnal Plans
J
PROJECT OR DEVELOPMENT:
Lot Frontage
arkinq Plan
0 Setbacks - Front
# Spaces e u re
- Rear
e s
Co mpact ct ac
- Side
ac es
Handicapped
- Corner
vera e
Stories b Height
Lands en ac e
Bldg. Elevations
Easements
Colors Materials
Dedications
f - color a
ter
Estimated Cost
t
Use of Structure
R ience
❑ o rcia]
❑ Sign, etc.
Gross Floor Area
SIGNS:
D Photos of S
Color - Back round
/s
Sho Drawings
Color o etter n
Dimension of Sign
- or Letters
[3-Bldg. Elevation
Showing Signs
Style e Lettering
Support n
Structure
13 Other
Ap 1ca i s Name and T e
Director, Planning and
Zoning
ACTION TAKEN BY ENVIRONMENTAL REVIEW BOARD
Z d
Date of ear Ing
Approved as presented *Returned for Revision
Remarks
Date
Director,.Planning and Zoning Chmn., En"nmental Review
SUBMISSION GUIDELINES
❑ All drawings must be specific, complete, accurate, drawn to
scale and labeled
❑ All drawings and photos must be submitted in triplicate.
❑ Materials and colors must be specified.
❑ Shading devices (roof overhangs, awnings, trees, etc.) on
southern, eastern and western exposures should be utilized.
❑ Cross ventilation in residential structures should be
provided.
❑ Landscape materials, where used, must be clearly specified.
D Large, commercial projects should include a model.
NO PERMIT WILL BE ISSUED UNTIL -zVIQA-iMDA' D F #iii. -493M -..ffi+
RtV. 11-30-0
•-= City of S outh Miami
DEPARTMENT OF PLANNING AND ZONING
lication for Approval by Environmental Review Board
Type or Print
Owner. ., ��%��
C %� /, i),L`.Ph ne.
'3l. c,
Date of Submission
MATERIALS TO BE SUBMITTED
Date of Hearing
IN TRIPLICATE
Address: /e/
BUILDING INFORMATION:
❑ P1 & Drawings
Energy Efficient Cc
'
Represented by: Pho is --m (
Addres •� _ `
i _
Site Plan '
Plumbing Data
Architec Qt-►
Phort;c
Lands cape Plai
MorhAniral Data
1st Fi E1ev. , MSL
Truss-Plan
Engineer:
Phone:
Electrical Data
Ll Other
ZONING:
❑ Lot Size
17 F.A.R.
BRIEF DESCRIPTION
13 Preliminary
Plans
OF PROJECT OR DEVELOPMENT:
Review
of Frontage
Parking Plan
Setbacks - Front
aces Required
ear
o act aces
- S
Handicapped ac es
- Co
of overa e
Stories & Hei ht
0 Lands d. Open ace
Bldg. Elevat ons
New Easements
0 ors & Materials
Dedications
of -color &t a
Gross Floor Area
0 Other
Estimated Cost
Use of Structure
❑ Residence
19 Commercial
❑ Sign, etc.
SIGNS:
❑ Photos of Site
Color - Background
/s
• -
U Shop Drawings
Color of etter n
Dimension of Sign
r Letters
❑ Bldg. Elevation
Showin Signs
Style o etter n
Support of gn
Structure
CJ Other
Applicant $ Name
/s
Director, Planning
and Title
and-.Zoning
ACTION TAKEN BY ENVIRONMENTAL REVIEW BOARD
Approved as presented 11-% i * eturned
Remarks
. - �2 ,) S!0�)
Date OT nearing
for Revision
Date Director,.Planning and Zoning Chmn., Environmental Review Board
SUBMISSION GUIDELINES
❑ All drawings must be specific, complete, accurate, drawn to
scale and labeled
❑ All drawings and photos must be submitted in triplicate.
❑ Materials and colors must be specified.
❑ Shading devices (roof overhangs, awnings, trees, etc.) on
southern, eastern and western exposures should be utilized.
❑ Cross ventilation in residential structures should be
provided.
❑ Landscape materials, where used, must be clearly specified.
❑ Large, commercial projects should include a model.
NO PERMIT WILL BE ISSUED UNTIL EXPIRATION OF 15 -DAY APPEAL PERIOD
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF A MICROFILM /JACKET SYSTEM FOR A TOTAL PRICE NOT TO
EXCEED $ 91000.00 BY THE BUILDING AND ZONING
DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT
NUMBER 1610 -3480 "MICROFILMING"
WHEREAS, pursuant to the 1990 -91 Budget of the City of South
Miami, Florida, the Building and Zoning Department was authorized
to purchase a microfilm /jacket system; and
WHEREAS, the Administration of the City of South Miami has
now obtained a cost of S 9,000.00 from Professional Microfilm
Services, Inc. pursuant to the following governmental bid: Dade
County Aid No. 1444 -2 -89
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY of SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded to
Professional Microfilm Services, Inc. in an amount not to exceed
$ 9,000.00 for a microfilm /Jacket system.
Section 2. That the disbursement be charged to account
number #:1610 -3480 "Microfilming ".
PASSED AND ADOPTED this day of January, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
RESOLUTION N0.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY
ADMINISTRATION TO ENTER INTO A CONTRACT WITH WILLIE
TOMPKINS FOR THE OPERATION OF A CONCESSION STAND AT
MURRAY FIELD
WHEREAS, the City of South Miami Department of Recreation
operates a basketball program for the youth of the City at Murray
Field during the months of January through late May - early June;
WHEREAS, there presently exists a concession stand at Murray
Field equipped for the sale of soft drinks and snacks;
WHEREAS, the City does not have the personnel to operate the
concession stand and an operating concession stand would be a
desirable adjunct to the Recreation Department's basketball
program; and
WHEREAS, Willie Tompkins has offered to run the concession
stand upon a responsible basis, including obtaining $ 500,000.00
insurance, payment of $ 100.00 per month rent, and payment of an
additional $ 25.00 per month toward electricity;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The Administration of the City of South Miami
be, and hereby is, authorized to enter into a contract with
Willie Tompkins for the operation of a concession stand at Murray
Field for the months of February through June 14, 1991, or
through the end of the City's Basketball Program, whichever
occurs first, upon a responsible basis including obtaining
S 500,000.00 insurance, payment of S 100.00 per month rent, and
payment of an additional $ 25.00 per month toward electricity.
I ,
PASSED AND ADOPTED this th day or February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND
WILLIE TOMPKINS FOR THE OPERATION OF A
CONCESSION STAND IN THE CITY'S MURRAY PARK
THIS AGREEMENT, entered into this day of February, 1991
between the CITY OF SOUTH MIAMI, a Florida municipal corporation,
hereinafter referred to as the "City" and WILLIE TOMPKINS,
hereinafter referred to as "Tompkins ";
W I T N E S S E T H:
WHEREAS, the City is the fee simple owner of the Murray Park, at
6700 S. W. 58th Place, South Miami, Florida;
WHEREAS, a portion of the aforesaid property is equipped for the
sale of soft drinks and snacks as a concession stand, hereinafter
referred to as the "premises ";
WHEREAS, Tompkins desires to lease the premises from the City to
operate a Concession Stand; and
WHEREAS, the Mayor and the City Commission of the City of South
Miami at a public meeting of February _, 1991 authorized the lease
of the premises on the terms and conditions as set forth below as
being in the best interests of the public and serving a valid
public ournose.
NOW, THEREFORE, for and in exchange of the mutual covenants
hereinafter set forth, the parties hereto do now agree as follows:
1. The City will lease to Tompkins the premises for the following
period: daily during those hours there is a City Recreation
Department event from Wednesday, February 6, 1991 through Friday,
June 14, 1991, or through the end of the City's Basketball Program,
whichever occurs first. Tompkins may sell whatever soft drinks
and /or snacks he desires, except no tobacco or alcohol may be sold.
Further, the City reserves the right to restrict the sale of other
items.
2. Tompkins shall tray the City a monthly rent Of 100.00 per
month on the last business day of each month or the term of this
Bement.
3. The City shall provide electric distribution to the extent
existing as well as water and meter to the premises as existing.
Tompkins shall pay to the City (in addition to rent) the sum of
$ 25.00 per month for electricity furnished on the last business
day of each month of the term of this Agreement.
4. The premises has been equipped with certain furnishings and
fixtures as per the attached Exhibit "A ". City hereby grants
permission to Tompkins to properly use the equipment set forth in
the attached Exhibit "A"; however, this equipment must be used
only at the premises and shall be returned to the City upon the
termination or expiration of this Agreement. The equipment shall
be returned in the same condition as when received except for
normal wear and tear. Excluding such normal wear and tear,
Tompkins shall replace all damaged equipment, furnishings, and
furniture belonging to the City with like quantity and such
replacement shall then become the property of the City.
5. The premises are a part of a larger facility, which is publicly
owned and operated, and therefore, the manner in which the
premises are operated will reflect upon the City. Therefore,
Tompkins' employees who have contact with the public must perform
their duties in an efficient and - courteous manner. Failure of an
employee to do so shall be grounds for the City to demand his or
her removal from duties in the facilities and failure of Tompkins
to honor any such request shall be grounds to terminate this
agreement.
6. Tompkins will at all times have qu;
orenaration and handling of food behind
shall control the conduct, demeanor,
employees, customers and patrons. Upon
concernina such conduct, demeanor, or
person, Tompkins shall immediately take
correct the cause of such objection.
3lified personnel for the
the counter /kitchen and
and appearance of 'his
objection of the City
appearance of any such
all necessary steps to
7. Tompkins agrees that the rights contained in this Agreement
2
may in no wav be utilized by Tompkins to interfere with the City's
recreational programs. Therefore, any proposed program or activity
must be first coordinated with, and given prior approval by, the
City's Recreation Department.
8. All property or items placed or moved on the premises shall be
at the sole risk of Tompkins and the City shall not be liable for
any loss or damage to such property or items.
9. Tompkins shall promptly execute and comply, at Tompkins's cost
and expense, with all statutes, ordinances, rules, orders,
regulations and requirements of the Federal, State and City
Government and of any and all their Departments and Bureaus
applicable to said premises for any purpose, including but not
limited to, health regulations; the correction, prevention and
abatement of nuisances or other grievances; and fire prevention
regarding said premises during the term of this Agreement.
10. In the event the premises shall be destroyed or so damaged or
injured by fire or other casualty during the life of this
Agreement, whereby the same shall be rendered untenantable, this
Agreement shall be terminated.
11. The faithful observance of all conditions of this�Agreement
and of such other and further rules or regulations as may be
hereafter made by the City are the conditions upon which the
Agreement is made and accepted. Any failure on the part of
Tompkins to comply with the terms of said Agreement or any of said
rules and regulations now in existence, or which may be hereafter
prescribed by the City, shall, at the option of the City, work a
forfeiture and shall terminate this Agreement.
12. Tompkins shall not pledge this Agreement nor attempt to sublet
all or any portion of the premises.
13. Tompkins agrees to indemnify, defend, and hold harmless the
Citv from all claims, suits, actions, damages or causes of action
arising during the term of this Agreement, including reasonable
3
i
attornev's fees and costs for any personal injury, including, but
not limited to loss of life, or damage to personal property
sustained on the premises by Tompkins or by any third party.
Tompkins shall maintain general liability insurance on the premises
in amounts of not less than Five Hundred Thousand Dollars
($500,000) per occurrence, with the City named as an additional
insured.
14. It is hereby understood and agreed that any sign or
advertising is proposed to be used in connection with the premises
by Tompkins, it shall be first submitted to the City for its
written approval before use of same shall be permitted.
15. All payments and notices are to be made to the City at:
City of South Miami
Attention: Finance Department
6130 Sunset Drive
South Miami, Florida 33143
and to Tompkins at:
6161 S.W. 69th Street
South Miami, Florida 33143
16. This Agreement may not be modified, except in writing signed
by both parties.
IN WITNESS
WHEREOF, the
parties
have
hereunto
executed this
Agreement for
the purposes
expressed
herein
this
day of
January, 1991.
Witnesses as to Tompkins:
Witnesses as to Citv:
7 4
WILLIE TOMPKINS
CITY OF SOUTH MIAMI
by
City Manager
Attest:
City Clerk
(CITY
SEAL)
J.-E. MURRAY PARK
CONCESSION STAND
SOUTH MIAMI, FLORIDA
FOOD SERVICE EQUIPMENT SCHEDULE
ITEM QUANTITY EQUIPMENT DESCRIPTION COMMENTS
1 1 15 cu. ft. frigidaire
refrigerator with freezer
2 1 Tappan stainless steel
Four burners electric
countertop stove unit
3 1 Pepsi Machine with five Pepsi Cola
valves and gas tank Co. /Owner
4 1 Stainless Steel double
sink with faucet
5 1 Ten gallon electric hot
water heater
.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, EXPRESSING SUPPORT, GRATITUDE AND
GOODWILL TO TIIE TROOPS OF THE UNITED STATES OF AMERICA AND
TO THE TROOPS OF THE ALLIED NATIONS AS THEY PRESERVE THE
FREE WORLD.
WHEREAS, we are all aware of the Declaration of Congress
authorizing the President of the United States to engage our
troops in the Middle East; and
WHEREAS, troops of our Allied Nations have joined us in
this endeavor to preserve the free world; and
1147I1EREAS, in this determined action, the various military
organizations; composed of mothers and fathers, sisters and
brothers, sons and daughters, have dedicated themselves to serve
with honor and courage; and
WHEREAS, this gives all of us an opportunity to rededicate
ourselves to safeguarding our freedom, to pride in our ideals and
to the strength of our nation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Comr— ion of the City
of South Iliami, Florida, express support, gratitude and goodwi:l
to the troops of the United States of America and of the Allied
Nations as they preserve the free world.
Srcrion ?. That the ;'ayor and City Commission urge
residents of the City of South Miami and of our Nation to
rededicate themselves to the ideals and strength of our Nation
and in the support of the men and women who serve our Country in
times of peace and war.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
WILE REAS ,
/0.
APPROVED:
: iAYOR
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING SHARLENE BUTLER AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that SHARLENE BUTLER be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING CLARENCE PATTERSON AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Clarence Patterson be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
� i r
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING STANLEY STERBENZ AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Stanley Sterbenz be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
13
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING JIM WIEGREFE AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Jim Wiegrefe be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
APPROVED:
Mayor
1 �
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPOINTING SANDRA WITHERSPOON AS A MEMBER
OF THE CITY OF SOUTH MIAMI RECREATION BOARD TO
SERVE IN SUCH CAPACITY UNTIL FEBRUARY 1, 1993, OR
UNTIL A SUCCESSOR IS DULY QUALIFIED AND APPOINTED.
WHEREAS, pursuant to Ordinance 9 -82 -1132, the City of
South Miami created a Recreation Board.
WHEREAS, the Mayor and Commission wish that Board to
study and determine wants and needs of the residents of South
Miami pertaining to leisure time activities.
NOW, THEREFORE, be it resolved by the Mayor and City
Commission of the City of South Miami, Florida:
Section 1. that Sandra Witherspoon be and is
hereby appointed to the City of South Miami Recreation Board
to serve as such capacity until February 1, 1993, or until a
successor is duly qualified and appointed.
PASSED AND ADOPTED, THIS DAY OF 1991.
APPROVED:
Mayor
ATTEST:
City Clerk
READ AND APPROVED AS TO FORM:
City Attorney
/So""Ip
U
e 1 I
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE
OF ONE PRO MARK MODEL 410 CHIPPER FOR THE PUBLIC WORKS
DEPARTMENT FOR A TOTAL PRICE NOT TO EXCEED $22,056 AND
PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 1720-
6430.
WHEREAS, pursuant to the 1990 -91 Budget of the City of
South Miami, Florida, the Public Works Department of the City of
South Miami, Florida was authorized to purchase one Pro "lark
Model 410 Chipper and;
WHEREAS, the Administration of the City of South : Miami
has now obtained a cost of $22,056 from DeBra Turf & Industrial
Equipment Co. pursuant to the following governmental bid: 9028
Florida International University.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a purchase order is hereby awarded to
Debra Turf & Industrial Equipment co. in an amount not to exceed
$22,056 for one Pro Mark Model 410 Chipper.
Section 2. That the disbursement be charged to account
number Public Works 1720 -6430.
PASSED AND ADOPTED this day of 1990.
APPROVED:
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYO R
1 j 1
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING A WAIVER OF
BID PROCEDURES FOR THE CITY'S FINANCE DEPARTMENT
PURCHASE OF COMPUTER SOFTWARE AS SET FORTH HEREIN
BELOW UPON THE BASIS THAT THERE IS ONE SOURCE OF
SUPPLY, AUTHORIZING AN EXPENDITURE NOT TO EXCEED
914,056.93 TO CITY COMPUTER SOLUTIONS INC.FOR THIS
SOFTWARE, CHARGING THE DISBURSEMENT TO ACCOUNT NO.
1410 -6430: "FINANCE DEPARTMENT- EQUIPMENT ".
WHEREAS, the Finance Department of South Miami has
previously budgeted the purchase of certain computer software,
specifically, packages for budget accounting, payroll, waste
billing, purchase order and encumbrances, in the 1990/91 budget;
and
WHEREAS, pursuant to that budgetary authorization, the
Finance Department has inquired with various suppliers to
determine the availability of the software; and
WHEREAS, the results of that inquiry have been that only
City Computer solutions Inc. distributes this software; and
WHEREAS, Article III, Section 5 H of the City Charter
requires competitive bids from at least three different sources
of supply, if available, such determination to be made the
Commission,
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 Administration
to waive the bid procedure set forth in Article III, Section 5 H
of the City Charter, for the purchase of computer software, to-
wit: packages for budget accounting, payroll, waste billing,
purchase order and encumbrances, to be purchased by the City
Fiance Department upon the basis that this equipment is only
available from a single source of supply.
gect on 2. That the City Administration be, and hereby is,
authorized to expend a sum not to exceed $ 14,056.83 to City
iq
Computer Solutions Inc. for the purchase of computer software.
Section 3. That the disbursement be charged to account no.
1410 -5430: "Finance Department - Equipment ".
PASSED AND ADOPTED this th day of February, 1991.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SOUTH MIAMI, FLORIDA BY PROVIDING A DEFINITION OF
"PHYSICAL THERAPIST" IN SECTION 20 -2.3; PERMITTING
"PHYSICAL THERAPIST" UNDER SECTION 20 -3.3 (E) OF THE
PERMITTED USE SCHEDULE AS A SPECIAL USE IN R 0, L 0,
AND M 0 DISTRICTS; PROVIDING FOR SPECIAL USE
REQUIREMENTS UNDER SECTION 20 -3.4 (B) BY ADDING A NEW
SUBDIVISION (15); PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami, Florida has heretofor?
enacted a Land Development Code providing fox a< permitted use
schedule; and
WHEREAS, there presently does not exist a permitted use of
"Physical Therapist "; and
WHEREAS, the Mayor and City Commission wish to amend the
Land Development Code to provide for a "Physical Therapist" as a
special use in the permitted use schedule;
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 as follows:
PHYSICAL THERAPIST. Shall mean a person who is licensed in
accordance with, and who practices physical therapy as defined
in, Chapter 496 of the Florida Statutes.
Section 2. Section 20 -3.3 (E) be, and hereby is, amended
to include the following additional use:
C P
ZONING DISTRICTS 0 A
R L M N S G I H D K
0 0 0 R R R S G
Physical Therapist S S S 15 9
Section 3. Section 20 -3.4 of the Land Development Code be,
r •
and the same is, hereby amended
15:
to add the following subsection
(15) PHYSICAL THERAPIST
a. Physical therapists must hold a current, valid
State License as a Physical Therapist as a pre-
requisite to applying for an occupational License.
b. Physical therapists' practice shall be limited
to referral by prescription from physicians.
Section 4. If any section, clause, sentence or phrase of
this ordinance is held to be invalid ox 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 5. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 6, This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this _th day of February, 1991.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
i .. y
JANUARY 23, 1991 ►''
To: Honorable Cathy McCann
Mayor, South Miami
6130 Sunset Drive
South Miami, Fl. 33143
From: H. Wesley Chafin
7414 S.W. 59 Place Suite C
South Miami F1. 33143
665 -1114
Re: Occupational License, Massage Therapy
In response to our telephone conversation, Friday January 18, 1991.
I would like to open my office in South Miami in the Medical
Professional Building at 6601 S.W. 80 Street for the purpose of
Therapeutic Massage. I am licensed by the State Of Florida as a
professional Massage Therapist, F1. license #10008. In addition to
obtaining licensing from you and Dade County, it is also mandatory for
me to obtain an establishment license from the State, which requires an
initial inspection from them with periodic inspections and strictly
enforced regulations.
Massage is defined by Chapter 480, Florida Statutes, Massage
Practice and Rules of the Department Of Professional Regulation as "The
manipulation of the superficial tissues of the human body with the hand,
foot, arm, or elbow, wether or not such manipulation is aided by
hydrotherapy, including colonic irrigation, or thermal therapy; any
electrical or mechanical device; or the application to the human body of
a chemical or herbal preparation."
I have been trained and educated to skillfully manipulate the soft
tissues of the body with knowledge and understanding of the anatomy,
physiology, and pathology of the tissues being treated. I worked with a
physician in their office in the past and now wish to have my own. I
live with my wife in South Miami now and have been a resident at the
same address for the past seven years. The majority of my patients will
be sent to me by local Doctors with a prescription for specified
treatment to injured tissues. Since I live in South Miami and my
referrals will come from local Doctors, it is my desire to operate here
in the City I love. I am leasing office space from Dr's Gladstien and
Webman, who are enthusiastic and supportive of my practice. I also carry
complete liability and malpractice insurance in excess of one million
dollars. I will operate my business with the highest ethical standards.
I feel that it is my right.as a citizen of the United States, and a
resident of the City of South Miami, to be allowed to make my livelihood
and operate my business.here in South Miami.
I would appreciate your favorable concern in this matter. Please
expedite this as soon as possible.
SINCE Y,
W S CHAFIN, LMT
DICE
r
5844 sunset drive, south miami, florida 33143, (305) 662 -1022
cl-