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07-30-91
a 1 OFFICIAL AGENDA CITY OF SOUTH MIAMI REGULAR CITY COMMISSION MEETING JULY 30, 1991 7:30 PM A. Invocation Next Resolution: Next Ordinance: 8/6/91 Next Commission Meeting: B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration 1. City Manager's report 2. City Attorney's report ORDINANCES - SECOND READING AND PUBLIC HEARING: ")o 3. An Ordinance amending Ordinance 5 -91 -1470 of the City of South Miami, Florida, to provide a limitation on fines for delinquent occupational license renewal; providing for severability; ordinances in conflict and an effective date. (City Attorney) 3/5 RESOLUTIONS FOR PUBLIC:HEARING: Gl 4. A Resolution approving requests for a variance from Section 20- 4.4(H) of the Land Development Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metrorail Station by Alberto Arango, Aleida Arango, Alberto Arango, Jr., Robert N. 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. q�- n l q15 ( O�L (Planning Board /Adm. ) 4/5 5. A Resolution approving requests for a variance from Section 3.5(E) of the Land Development Code to allow a front setback of fifteen feet where twenty five feet is required and a rear setback to twenty feet where twenty five feet is required in a single family residential district (RS -4) by Habitat for Humanity from the Planning Board of the City of South Miami, Florida., for the property known as 6083 S.W. 63rd Street, South Miami, Florida, and legally described herein. qS— q/ , qls 6VL (.Planning Board /Adm. ) 4/5 6. A Resolution approving requests for a variance from Section 3.5(.E) of the Land Development Code to allow a front setback of seventeen feet six inches where twenty five feet is required in single family residential (RS -4) district by Habitat for Humanity from the Planning Board of the City of South Miami, Florida, for the property known as 6050 S.W. 63rd Street, South Miami, Florida, 33143 and legally described herein. (.Planning Board /Adm) 4/5 7. A Resolution approving requests for a variance from Section 20- 3.5(E) of the Land'Development Code to allow a front setback of fifteen feet where twenty five feet is required and a rear setback of twenty feet where twenty five feet is required in a single family residential (RS -4) district by Habitat for Humanity from the Planning Board of the City of South Miami, Florida, for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida, and legally described herein. (Planning Board /Adm.) 4/5 REGULAR CITY COMMISSION MEETING JULY 30, 1991 PAGE 2 RESOLUTIONS : ��} '� �'•`' 8. A Resolution authorizing the City Manager to disburse the sum of $48,444.63 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett, et al, in conjunction with litigation regarding the City's Comprehensive Plan; charging disbursement to Account No. 01 -2100 -5510 entitled: "Contingency Fund ". (Administration) C - ) -ql:57s 9. A Resolution authorizing the purchase of trap sand #70 for the Tot Lots at Dante Fascell and Marshall Williamson Parks for a total price not to exceed $1,946.00 by the Recreation Department and providing for disbursement from Account No. 2000 -4620 entitled: "Maintenance and Repair /Operational Equipment ". (Administration) 10. A Resolution declaring Tuesday, August 6th', 1`991, "National Night Out - South Miami" and urging citizens to join in America's Night of "Lights our for Crime ". 0\�, (:Mayor McCann) qF -q1- C , 1`7 11. A Resolution authorizing the City Manager to expend the sum not to exceed $1,800.00 to Attorney's Title Insurance Fund, Inc., for real estate title examination reports prior to the foreclosure of municipal liens; charging the disbursement to Account No. 01- 2100 -5510 entitled: "Contingency Fund ". Admni fti ion,�r 12. A Resolution authorizing reconsider` ation of subdivision improvements requested by Stanley Toledo within six (.6) months of previous consideration of the issue pursuant to Section 20 -6.1 (A)('3)('e) of the Land Development Code of the City of South Miami for the property known as 6314 S.W. 49th St. South Miami, Florida, and legally described herein. (.Commissioner Launcelott) ORDINANCES - FIRST READING: none REMARKS: none &/, K t, You are hereby advised that ��sidere�dratnthis desires meetin9aoreheartngaesuch n with respect to any matter c person will need to ensure that the testimony record Made, which record includes appeal ts,based. , , 4/5 3/5 3/5 4/5 3/5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE 5 -91 -1470 OF THE CITY OF SOUTH MIAMI, FLORIDA TO PROVIDE A LIMITATION ON FINES FOR DELINQUENT OCCUPATIONAL LICENSE RENEWAL; PROVIDING FOR SEVERABILITY; ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE. �'/ 519 WHEREAS, on March 5, 1991, the City of South Miami, Florida has enacted Ordinance 5 -91 -1470, which amended sub - section 25 c) of Ordinance 18 -80 -1077 to provide for an additional fine for delinquent occupational license renewal; and WHEREAS, it appears Florida statute 205.053 limits municipal powers to fine delinquent occupational license holders; and WHEREAS, the Mayor and City Commission wish to amend the Ordinance to accord with the State Statute; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section l., Sub - section 25 c) of the Ordinance 18 -80 -1077 be, and the same is, hereby amended to read as follows: c). Enforcement procedures under this Ordinance for occupational license renewals shall take effect after a renewal is delinquent 4 months and 1 day and the foregoing shall be in addition to all other fines as specified for licenses not renewed within the specified period of time; however, the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. section 2. If any section, clause, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith be, and the same are, hereby repealed. 3. Se ^tion 4. This Ordinance shall take effect immediately at t the time of its passage, PASSED AND ADOPTED this th day of , 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR 2 3. __ OFFICIAL AGENDA CITY OF SOUTH MIAMI REGULAR CITY COMMISSION MEETING JULY 30, 1991 7:30 PM A. Invocation Next Resolution: Next Ordinance: g/6i91 Next Commission Meeting: B. Pledge of Allegiance to the Flag of the United States of America C. Presentations D. Items for Commission Consideration 1. City Manager's report 2. City Attorney's report ORDINANCES - SECOND READING AND PUBLIC HEARING: 3. An Ordinance amending Ordinance 5 -91 -1470 of the City of South Miami, Florida, to provide a limitation on fines for delinquent occupational license renewal; providing for severability; ordinances in conflict and an effective date. (City Attorney) 3/5 RESOLUTIONS FOR PUBLIQ: HEARING: G1 l 4. A Resolution approving requests for a variance from Section 20- 4.4(H) of the Land Development Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metrorail Station by Alberto Arango, Aleida Arango, Alberto Arango, Jr., Robert N. 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. ,�� � ,� l � / %S p , I( ( Planning Board /Adm. ) 4/5 5. A Resolution approving requests for a variance from Section 3.5(E) of the Land Development Code to allow a front setback of fifteen feet where twenty five feet is required and a rear setback to twenty feet where twenty five feet is required in a single family residential district (RS -4) by Habitat for Humanity from the Planning Board of the City of South Miami, Florida, for the property known as 6083 S.W. 63rd Street, South Miami, Florida, and legally described herein. ? :� �_ (Planning Board /Adm.) Jd_ .1 6�� 6. A Resolution approving requests for a variance from Section 3.5(E) of the Land Development Code to allow a front setback of seventeen feet six inches where twenty five feet is required in single family residential (RS -4) district by Habitat for Humanity from the Planning Board of the City of South Miami, Florida, for the property known as 6050 S.W. 63rd Street, South Miami, Florida, 33143 and legally described herein. (_Planning Board /Adm) 7. A Resolution approving requests for a variance from Section 20- 3.5(E) of the Land'Development Code to allow a front setback of fifteen feet where twenty five feet is required and a rear setback of twenty feet where twenty five feet is required in a single family residential (RS -4) district by Habitat for Humanity from the Planning Board of the City of South Miami, Florida, for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida, and legally described herein. (Planning Board /Adm.) 4/5 4/5 4/5 REGULAR CITY COMMISSION MEETING JULY 30, 1991 PAGE 2 RESOLUTIONS: 8. A Resolution authorizing the City Manager to disburse the sum of $48,444.63 representing fees incurred for legal representation by Gregory Borgognoni of Ruden, Barnett, et al, in conjunction with litigation regarding the City's Comprehensive Plan; charging disbursement to Account No. 01- 2100 -5510 entitled: "Contingency Fund ". �� (Administration) 4/5 9. A Resolution authorizing the purchase of trap sand #70 for the Tot Lots at Dante Fascell and Marshall Williamson Parks for a total price not to exceed $1,946.00 by the Recreation Department and providing for disbursement from Account No. 2000 -4620 entitled: "Maintenance and Repair /Operational Equipment ". (Administration) 3/5 10. A Resolution declaring Tuesday,F�Auqust 6th, 1991, "National Night Out - South Miami" and urging citizens to join in America's Night of "Lights our for Crime ". (.Mayor McCann) 3/5 11. A Resolution authorizing the City Manager to expend the sum not to exceed $1,800.00 to Attorney's Title Insurance Fund, Inc.,,for real estate title examination reports prior to the foreclosure of municipal liens; charging the disbursement to Account No. 01- 2100 -5510 entitled: "Contingency Fund ". (.Admi.nistration). 4/5 12. A Resolution authorizing reconsideration of subdivision improvements requested by Stanley Toledo within six (6) months of previous consideration of the issue pursuant to Section 20 -6.1 (A)('3)(e) of the Land Development Code of the City of South Miami for the property known as 6314 S.W. 49th St. South Miami, Florida, and legally described herein. (.Commissioner Launcelott) 3/5 ORDINANCES - FIRST READING: none M. u: :ffl", none L/ n C.� You are hereby advised that with respect to any matter person will need to ensure ft de, which record includes appeal is,based. 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 ORDIVANCF NO. 5••91 -1470 AN ORDINANCE CF THE MAYOR AND CITY COMMISSION OF TPE CITY CF SOUTII I!IA:!I, FLORIDA, AI`IENDINC ORDINANCE 1:0. 18- FC -1C77, SECTION 25., FAILURE TO OBTAII! LICEt!SE, OF THE CITY OF SOUTF "IAMI COPE OF Or,DI1:ANCES BY PROVIDING A FINI: OF TI!r.EE HUNDRED ( $300.00) DOLLARS FOR THOSE OPEt:I:;G AND OPERATIt:C A BUSINESS It! TI:E CITY OF SOUTF !IIAt!I, FLCRIDA, S:ITI!OUT FIRST OBTAININC THE PEQUIRED CITY OF SCUTI: !!IAVI OCCUPATIONAL LICENSE; PROVIDING FOR ORDIt;,,t!CES OR PARTS OF ORDIt'ANCES III CONFLICT AND PROVIDING AN EFFECTIVE DATE. F :IIEREAS, Ordinance No. 12-FO-1077, which was enacted in 198C, provides "a penalty of twenty -five (25 %) percent of the license determined to be due in addition to any other penalty provided by law or ordinance" for those persons engaging in or managing any business, occupation or profession without first obtaining a local occupational license. NOS,', THEREFORE, BE IT ORDAINED, BY THE t'AYOP. +".NTD CITY COTINISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ordinance No. 1F -FO -1077 Section 25., Failure to Obtain License, of the City of South Miami Code of Ordinances be and the same is hereby amended to read as follows: a) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required hereunder, shall be subject to a fine of three hundred ($300.00) dollars in addition to any other penalty provided by law or ordinance. b) Enforcement procedures for new occupational licenses may commence upon the City becoming aware of any person engaging in or managing any business, occupational or profession without first obtaining a local occupational lice r. se. c) Enforcement procedures under this ordinance for occupational license renewals shall take effect after a renewal is delinquent 4 months and 1 day and the foregoing shall be in addition to all other fines as specified for licenses not renewed within the specified period of time. Section 2. All ordinances or parts of ordinances in conflict herewith be and the satre are hereby repealed. Section 3. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 5th day of March , 1n91. ATTEST: 11__N( a �9 _ CW Clerk READ AND APPROVED AS TO FORM: City Attorney APPROVED: Mayor 'f V d1:.•�y`rt'e"'ira�'7`tsi•tq• *ron S9r , x t.r ...._ s4 - crtiNM.r� �k�+°�'1" t 1 r > t , a+ + r s v • ° � .r nti, - w^1 r'cr�1,R, .tir • ,. i °'" -.FiJ 2 '! �;�pri anti � i � •„ r �• •.['1f 1 n r. '.P='. i•. ��s 1 *^ ,�+•y2�L '. f r >" .. f r rf .+ � :J ..�'. +.t'H t,�v, ;,L{,. f � } +w _ ... r. _?_ ;.C_� .__ .._ _ .Pr ..•..Y..'... s-,. c. � Y •Y1. •.: � :�c._awf =-�. �i. I..y.;;�'+. 1 -�� � -�. •� «. ._�I`*._ *. ..r ORDIVANCF NO. 5••91 -1470 AN ORDINANCE CF THE MAYOR AND CITY COMMISSION OF TPE CITY CF SOUTII I!IA:!I, FLORIDA, AI`IENDINC ORDINANCE 1:0. 18- FC -1C77, SECTION 25., FAILURE TO OBTAII! LICEt!SE, OF THE CITY OF SOUTF "IAMI COPE OF Or,DI1:ANCES BY PROVIDING A FINI: OF TI!r.EE HUNDRED ( $300.00) DOLLARS FOR THOSE OPEt:I:;G AND OPERATIt:C A BUSINESS It! TI:E CITY OF SOUTF !IIAt!I, FLCRIDA, S:ITI!OUT FIRST OBTAININC THE PEQUIRED CITY OF SCUTI: !!IAVI OCCUPATIONAL LICENSE; PROVIDING FOR ORDIt;,,t!CES OR PARTS OF ORDIt'ANCES III CONFLICT AND PROVIDING AN EFFECTIVE DATE. F :IIEREAS, Ordinance No. 12-FO-1077, which was enacted in 198C, provides "a penalty of twenty -five (25 %) percent of the license determined to be due in addition to any other penalty provided by law or ordinance" for those persons engaging in or managing any business, occupation or profession without first obtaining a local occupational license. NOS,', THEREFORE, BE IT ORDAINED, BY THE t'AYOP. +".NTD CITY COTINISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Ordinance No. 1F -FO -1077 Section 25., Failure to Obtain License, of the City of South Miami Code of Ordinances be and the same is hereby amended to read as follows: a) Any person engaging in or managing any business, occupation or profession without first obtaining a local occupational license, if required hereunder, shall be subject to a fine of three hundred ($300.00) dollars in addition to any other penalty provided by law or ordinance. b) Enforcement procedures for new occupational licenses may commence upon the City becoming aware of any person engaging in or managing any business, occupational or profession without first obtaining a local occupational lice r. se. c) Enforcement procedures under this ordinance for occupational license renewals shall take effect after a renewal is delinquent 4 months and 1 day and the foregoing shall be in addition to all other fines as specified for licenses not renewed within the specified period of time. Section 2. All ordinances or parts of ordinances in conflict herewith be and the satre are hereby repealed. Section 3. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 5th day of March , 1n91. ATTEST: 11__N( a �9 _ CW Clerk READ AND APPROVED AS TO FORM: City Attorney APPROVED: Mayor 'f § 205.043 Not* l properly conditioned upon issuance of licenses therefor, and city was entitled to withhold is- suance of Such license, in absence of payment of the occupational license fees. City of Miami v. I.C. Sales, Inc., App., 276 So.2d 214 (1973). Showing that lice business of one operator of vending ninch'tnes in city had cxpen %es, includ- ing occupational license taxes, such that it made nu profit does not establish that city's occupational license tax %vas cxcesslve or con - flswtory. Id. The City of North Miami laity impose nrru. pational license taxes upon private icaseholds of publicly owned lands as provided In this chapter unless exempted by law. Op.Atty.Gcn., 076 -143, June 21. 1976. Laws 1972. c. 72 -306, relative to tx:cupation. al license taxatlon, appears to prohibit a mu. nicipality from ievying any occupational li - ccnse tax pursuant to its charter act or other special lAw, as thu 1972 enactment is Cite only authority for any tnunicipat occupAliunAl Ii. sense tax. Any municipal occupational license tnx ordinance must be consistent with the pro• visions of the 1972 enactment and such occu• pntinnAl license tux must be based upon rea. sonable classifications established by the gov- ci ning body of the municipality and be uni- futtn throughout any given classification. Whether any given license tax is, in law, based upon a reasonable classification, is a Judicial question to be determined by the courts: in Appropriate legal proceedings. t3p.Atty.Gen., 072 -341, Oct. 9, 1972. 2. Base tax rate and allowable Incre ases In view of Local Occupational License Tax Act which provides for ratification of all mu- nicipal licenses adopted, pursuant to resole. Linn, ordinance or special law and further pro - vides that they remain in effect until October 1, 1972. North Miami occupationsl license tax, which unposed a t1 tax on one cent vending machines, A $5 tax on five cent machines, and a $10 tax on ten and 25 cent machines, was valid for fiscal yeAr 1972. I.C. Sales, Inc. Y. City of North hilistni, App„ 261 So.2d 511 (1473). TI a governing body of the city of Hollywood may increase the occupational license taxes now Imposed by the city only by the amounts or percentages prescribed by tlils section. Op. Atty.Gen.. 081 -68, Sept. 17, 1981. TAXATION AND FINANCE Title 14 I'Itts chapter does not prohibit occupational license taxation of businesses. occupations, and professions which were not inxr:d by the municipality before October 1. 1971, and a municipality may, upon complying with the terms and conditions of § 205.042, establish new classification% and rates applicable thereto for such prior untaxed businesses, nccupations or professions. Op.Atty.Gcn., 073 -399, W. 25, 1973. I. tws 1972, c. 72 -306, authorizes the imposi- tion of an occupational license tax by munici. palilies sepnrxte from and in addition to the county occupational license tax, and the rates for %Aid municipal occupational license tax shall be set in accordance with the provisions of this section. Op.Atty.Gen.. 072 -291, Aug. 22, 1972. 3. TranAfer fee The thrccKdollar transfer fcc and the dclin. gtteney penalty fixed by the legislature in this chapter arc presumptively valid and reason - ahle, and are required to be given effect unless And until declared by the judiciary to be arbl• trary, unreasonable or otherwise invalid. Op. Atty.Gea., 073 -399, Oct. 25, 1973. 4. Refunds Voluntary payment of invalid occupational license tax, which has been promulgated with- out authorized procedure for protest, presents no bar to recovery by taxpayer who has paid without protest. City of Miami v. Florida Re- tail Federation, Inc.. App., 423 So.2d 991 (1982). WhCre extrusive occupational license tax un- der consideration was unlawfully assessed, nonpayment subjected taxpayers to severe sanctions, and, accordingly, payment was in. voluntary, recovery of refund was available despite absence of protest. id. S. Attorneys fees In action brought by group of nicrc}tants to recover excess payments of occupational 11. een %e taxes, attorneys fees would be awarded predicated upon benefit obtained for class meutbers by attorneys which benefit Included not only reimbursement of funds, but removal of l}treat of criminal prosecution. City of htia- mi Y. Florida Retail Federation, Inc., App., 423 So.2d 991 (1982). 205.053. Occupational 11censes; dates due and delinquent; penalties (1) All licenses shall be sold by the appropriate tax collector beginning September 1 of each year and shall be due and payable on or before October 1 of each .year and shall expire on September 30 of the succeeding year. In the 90 3 �: i 4 I LOCAL OCCUPATIONAL LICENSE TAXES § 205.053 Ch. 205 Note 3 event that October 1 falls on a weekend or holiday, the tax shall be Bite and I payable on or before the first working day fallowing October 1. Provisions M for partial licenses may be made in the resolution or ordinance authorizing i such licenses. Those licenses not renewed when due and payable shall be considered delinquent and subject to a delinquency penalty of 10 percent for the month of October, plus an additional 5 percent penalty for each month of delinquency thereafter until raid. However, the total delinquency penalty shall not exceed 25 percent of the occupational license fee for the delinquent establishment. t (2) Any person engaging in or tnartaging any business, occupation, or profession without first obtaining a local occupational license, if required hereunder, shall be subject to a penalty of twenty -five percent (25%) of the license determined to be due, in addition to any other penalty provided by i law or ordinance. t I Historical dote i Derivation: ber 1" in the first sentence, interpolated the Laws 1983, c. 83 -204, § 40. second sentence, and substituted in the fourth Laws 1973, c. 73 -144, § 1. sentence "when due and payable" for "by Octo• Laws 1972, c. 72.306, § I. ber 1 ". Laws 1963, c. 53 -204, § 40, aniendirtl sub- sea (1), inserted "or ixsfurc' preceding Oct- Ubrary Rtferenc" Licenses *-32(1), 40, 41. W STLAW Topic: No. 238. CJS. l.icerims §§ 68, 78 to 83, Motes of Decisions Construction and application 2 trary, unreasonable or otherwise invalid. Op. Defenses 7 Atty.Gen., 073 -399, Oct. 25, 1973. Frattlonallicenses 4 Indictment 6 2, Construction and application i.egislrtive power 3 Laws imposing licence taxes, and providing a Penalty 8 penalty for doing business without a license, Refunds 5 are penal In their nature, And should he strictly Validity I construed. Texas Co. v. Amus, 81 So. 471, 77 Fla. 327 (1919). 1. Validity 3. Legislative power � The prior provision to the effect that any Lt islature can provide for Imposition and g p person convicted of carrying on a business for collection of reasonable penalties for failure to which a license Is required, without having pay excise tax. McLin v. Florida Automobile � firso obtalned such a license, shall be punished Owner's Protective Ast'n, 105 Fla. 169, 141 So. i by a fine of not less than double the amount 147 (1932). required fur the license, did not violate the The power conferred and the duty imposed Declaration of Rights thin "cxccasivc fins shall an the t:ou,tty tax eoikctor by this section to 1191 bs imp9sctl" prose v. State, 23 Hit. 2671 2 issue or sell county occupation licenses or to li So. 1 (1887), collect the county occupational license tax and '. The three-dollar transfer fee and the delin. to apportion and distribute the revenues de- quency penalty fixed by the legislature in this rived therefrom may not be transferred by chapter are presumptively vatid and reason- ordinance from the tax callectoe in the local able, and are required to be given effect uniess government code enforcement board. op.Atty. 1~nd until declared by the judiciary to be arbl• Colt„ 54-91, Oct. 2, 1984, 91 1' 3! V 9 4 .\ 5 LJ § 205.053 Notts 4 4. Fractional licenses In the absence of a provision for a pro rata license, a person taking out a license must pay the full amount prescribed even though he inkes out his license after the beginning of the license year nr discontinues his business before the expiration of such year. 1939 Op,Atty.Gen. 483. 3. Refunds Attornevs were nut required, as a condition precedent to obtaining refunds of occu alional license taxes paid pursuant to an invalid ordi. nance, to show that the occupational license payments were made under protest. Hrownrd County, Florida Dd. of County Com'ra, v. t9,trn. stein, App. 4 Dist., 470 So-2d 793 (1985). Fact that funds generated by occupational license tax on Attorneys had long since been expended did not preclude refunds of taxes paid pursuant to the invalid ordinance. Bro. ward County, Florida lid. of County Com'rs. V. Tiurnstcin. App. 4 Dist., 470 So.2d 793 in view of unreasonable delay in challenging 1980 ordinance inerensin8 occupational license tax on attorneys, inches barred refunds for taxes paid pursuant to invalid ordinance prior to 1982, the year when attorneys contested the tax. Hroward Crmnty. Florida Dd, of County Com'rs. v. Burnstein, App, 4 Dist.. 470 So.2cl 793 (1985). b. Indictment An indictment against one for carryingg on the businexs of a hawker and peddler withnut 11cense, who was not embraced within the i?op- ular and ordinary meaning of the words "hawkers and peddlers" but was embraced within the statutory definition beginning. "ail unlicensed traveling dealers," etc., in Laws 1845, c. 4322, 4 9, subd. 11, must follow the language of this definition; and an indictment in the ordinary or common-law form for hawking and lvddling without license could nut be susmined by proof of acts which would not, independent of such statutory definition. cons itute him a hawker and peddler. flail v. State, 39 Fla. 637, 23 So. 119 (1898). Laws 1887, c. 3681, § 9, provided that no intoxicating liquors should be permitted to be so1J, unless the license tax imposed by the art was first paid and a lidccnae for such axle taken out. Section 10 provided that "any person • that shall carry on or conduct any h,isl. ness ' • • for which a license Is required, without first obtaining such licensc, shall' • ` be guilty uF misdemeanor." etc. ITeld. that an TAXATION MIA FINANCE Title 14 Indictment was sufficient under this act which charged that defendant "did engage In and manage the business of a dealer iii' intoxicat- ing liquors, without having first taken oat a license therefor, as required by law. Roberts v, State, 26 Fla. 360, 7 So. 861 (1890). Where an indictment charges the sale of liquor. or carrying on of the bustness of a dealer therein without having a license, to have been on it certain stated day and on divers other days and times between such day and the finding of the Indictment, all the allegation of time after that of the particular clay may be rejected as surplusage. Dansey v. State, 23 Fla. 316, 2 So. 692 (1887). it is not necessary to Allege in an indictment for selling liquors without a licensc or in one for carrying on the husineet of dealer in li. quors without a license, either the naive of a person to whom the liquor was sold, or the particular liquor sold, nor that the defendant had a place of business, nor that his place of business was in an election district of a county. Id. When a person is charged in an indictment with unlawfully carrying nn the business of a dealer in liquors, etc., it Is unnecessary to state the names of persons to whom sales were made. Jordan v. State, 22 Fla. 528 (1886). 7. Defenses On an indictment for selling intoxicating ll- riuors without a license, under Laws 1887, c. 3681, § 10, providing that persons making such sales shall be guilty of a misdemeanor, It wits no defense that defendant had tendered to the proper officer the license tax prescribed by that act, where the sales were made before the license wet granted. Roberta V. State, 26 Fla. 360, 7 So. 861 (1890). B. penalty I'he penalty prescribed for the violation of Taws 1883, c. 3413 under which the defendant was convicted, was not less than double the amount of the license requircd to ■nthorixe the selling of liquor, six hundred dollars; and a fine of nine hundred dollars for the violation of said act was not excessive. Hmmel V. State, 26 Fla, 71, 7 So. 371 (1890). Operators of coin operating machines on which no license taxes have been paid are liable to prosecution, and such license tax ntay be collected by warrant, but tax collector or other county official cannot scat such ma. chines against use until such tax is paid. 1949 Op.Atty.Gen. 261. 92 i RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A VARIANCE FROM SEC. 20 -4.4 (H) OF THE LAND DEVELOPMENT CODE TO REDUCE OFF - STREET PARKING UP TO FIFTY (50) PERCENT FOR AN EXISTING STRUCTURE LOCATED WITHIN 500 FEET OF THE SOUTH MIAMI METRORAIL STATION BY ALBERTO ARANGO, ALEIDA ARANGO, ALBERTO ARANGO JR., ROBERT N. 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 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Alberto Arango, Aleida Arango, Alberto Arango Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara Pawley requested the Planning Board of the City of South Miami sec. 20 -4.4 (H) of the Land Development Code to reduce off - street parking up to fifty (50) percent for an existing structure located within 500 feet of the South Miami Metrorail Station, said request for the property known as 5786 Progress Road, South Miami, Florida 33143, which property is legally described as Follows: Lots 56 through 59 inclusive, Block 9 of REALTY SECURITIES CORPORATION'S 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 June 11, 1991, the Planning Board voted to approve the request by a 6 - 0 vote; and WHEREAS, the City Commission Staff Report recommended denial of the requests; 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 Alberto Arango, Aleida Arango, Alberto Arango Jr., Robert N. Strickland, Sharon Strickland, Edward Pawley III, and Clara. Pawley for a variance from Sec. 20 -4.4 (H) of the Land Development Code to reduce off - street parking up to fifty (50) percent for an existing structure it locatod within 500 feet of the South Miami Metrorail Station, said request for the property known as 5786 Progress Road, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of July, 1991, APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY K .ft r ©W,NSI re OF I I YS N 0 J CouaJ�y 1 Js _ • 7.' , 1 j0• 29 6i �' ~ t• 47 +4 LS f) r M .. • J L 12 IL la7 I %• .1 ti P 0 O� I� i• � FI i 1 iV / �� /7 •. .ti /{, I 9 21 /S � I Mal LI N G !4(�E� APPLICANT: A F. Avio +- STr 1cr. tArjo OWNER: 50041 1 STRI ClL"*J M+ f AW LE�d MAP REFERENCE: 6770 '# 5786 Fiec6ass Ro COMMENTS: 56% G F—EDUCT1Oti 5r6c1AL-- USE Efz M 7- TY of SOUTH AIAMI oa PLANNING BOARD V Compass Scaled.S. ANA) Date. . Drn 4k. . Chk ..... Hearing Nolf/ws � J +9�• =�� =� tiw:•!:�•�:' � r. I PEE � L % r �1 �O 9' 12 T - 29 8 B 5 e • � Io 5 27 iL 9 /O 00 /I S>v 7/ Sr t y_IS 11 P 0 O� I� i• � FI i 1 iV / �� /7 •. .ti /{, I 9 21 /S � I Mal LI N G !4(�E� APPLICANT: A F. Avio +- STr 1cr. tArjo OWNER: 50041 1 STRI ClL"*J M+ f AW LE�d MAP REFERENCE: 6770 '# 5786 Fiec6ass Ro COMMENTS: 56% G F—EDUCT1Oti 5r6c1AL-- USE Efz M 7- TY of SOUTH AIAMI oa PLANNING BOARD V Compass Scaled.S. ANA) Date. . Drn 4k. . Chk ..... Hearing Nolf/ws s' j 1 J 1 J • � • SW tv h \ 1 1J /V G 3 u _ 1w r. i 7 I I so T-el stf J ' YJ ' !i L• ij •i Sc i )1 - III .! Q J• �� if Lf kf S w ,� r 6 LS c� 4. � •%1 � Q 10 f 1S �L-6. TdWN$1/�E or • � � / Al R f OWN 010 -f AA6 , z 1, J7 win 44 1fi, n/n . �► 0 001 Is Sri 7/ _ S, iG s- 19 27 io _ rc -- — _ - t ♦ tj unison fj t • E.1 .� yi 5� Caner ,Nf Corner _ i S TAF F REPORT PB -91 -018 June 7, 1990 Applicant: Alberto & Aleida Araujo, Robert & Sharon Strickland, Edward & Clara Pawley III, and Mary E Boan Request: To reduce the number of required off- street parking spaces up to fifty (50) percent for two existing structures located within five hundred (500) feet of the South Miami Metrorail Station. Section 20- 4.4 (H) of the City of South Miami Land Development Code. Address: 5786 Progress Road & 5770 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. The applicant wishes to reduce the required number of parking spaces required, as per Section 20- 4.4(H) of the Land Development Code. RECOMMENDATION The request complies with Section 20- 4.4(H) of the adopted Land Development Code of the City of South Miami. May 24th, 1991 City of South Miami Attn: Planning Board Members 6130 Sunset Drive South Miami, Florida 33143 Re: 50% reduction of required parking spaces at properties located on 5786 and 5770 Progress Road Dear Planning Board Members: At the present time we are in the process of leasing with option to buy the above mentioned proper- ties for the purpose of opening an auto repair shop. We have not yet been able to close this tran- saction due to the existing parking problem. As soon as this problem is solved we will close the pending transaction and will submit proof of ownership on both properties. During our negotiations with the City of South Miami it was brought to our attention that under Sec- tion 20 -4, 4 those properties would fall within the 500 feet limit of the Metrorail station and would therefore require 50 percent less parking. We therefore are gratefully requesting the application and approval of this parking reduction for the purpose of finalizing this trapsaction, but most important because it is a fact that there is no need of so many parking spaces as presently requested. At the present time we have contacted most of the employees that will be working at the shop, most of them expressed exitc=nt about ttc fa -1 ,r `:iay able to use the metrorail service as a method of trans- portation and being able to avoid the heavy U.S.1, Sunset Drive, 57th Ave., etc. traffic. Since it is a fact that an automobile is a necessity to all our customers, we schedule our work pro- perly for the purpose of delivering our cars as soon as possible. Once our customers deliver their car to our shop it is placed inside the shop and will remain there until we are finished. Throughout our 29 years of business experience we have established a very good reputation with our clien- tele. We deal mainly with expensive european and domestic cars and cannot afford to leave these cars "at risk" in an uncontrolable environment such as a parking lot. In the event that a car has been involved in a major accident, such car might be parked at the shop a few days prior to the scheduled repair time but with the 50% required parking spaces we will have more than enough parking area for a situation like this. Never the less if at any time business is doing.so good that we have a lot of cars that cannot be driven, we will leave the car at the towing service fa- cilities and will bring the car to the shop according to the working schedule. Once a car is finished, we pre— arrange the pick up with our customers. Experience has shown us that there is never a problem for a customer to pick up his or her method of transportation. Also please be aware of the fact that 99% of the sorrounding businesses are automotive repair shops. Most of those businesses are operating with not even 50% of the required parking space. It is a fact that the buldings in question are among the few who can handle an adecuate parking space for an auto- motive repair shop. If you need more information regarding this matter, please feel free to contact us. Thanking you in advance for your help and cooperation regarding this important matter, we remain, Respectfully yours, C 'n Auto T ch nc. AlberFfA , 41 President cc: Robert Strickland Sonia Lama leida Araujo . Secretary May 24th, 1991 Mr. Bert Perez Metro -Dade Transit Agency _ P.O. Box 010791 Miami, Florida 33101 Re: Permit request for the use of parking spaces Station at the South Miami Metrorail Dear Mr. Perez: As it was explained to you yesterday, we are in the process of leasing with option to buy the property located at 5786 and 5770 P Mr. Robert Strickland. rogress Road, South Miami, maned by For months we have been looking. in the.Coral Gables and South Miami areas for property suitable for. our. business. These are the areas necessary for our. operation. We had no luck due to the fact that the industrial areas of both cities are limited. Finally we found Mr. Strickland's property and the vide the recess prproperty - next to his. Both pro- de and the location is the best for our operation. The fact that the.prcperties are within 500 s/f from the Metrorail is an asset to us. Thru the•process of the closing of the deal we were faced with the difficulty that the City of South Miami..cannot'issue us the C.O. due to the fact that Mr. Strickland's property.does not coldly with the required parking spaces: Mr. Strickland informed us he was in the. process of solving the problem and gave us an explanation of the situation, end results, we decided to go directly to City Hall and find out for ourselves. This ordeal has been going on for we approximately 60 days. During all that time e is have been loosing money, purchased equignent is on hold, not to menti affecting our personal financial security. on that At the present time we have achieved-the following: - Full cooperation from the. members of the City of South Miami including the Mayor, Mrs. Cathy-.McCann' as long as we camply with the city requirements. - Mr..Strickland's.acceptance of providing..at his own expense the spaces and his required Parking Power of attorney i.n order to allow us to freely negotiate with all offices and members .involved. - Acceptance frm Ms. .Sonia Lama, Building and Zoning Director, for the construction of a ramp to give access to acceptable parking space on top of the building. Cons- truction oamplies with all building codes and all . we .need is to go .thru the final steps with the Envirnmrn�ta7, Review and Preservation Board for 'the .construction of ramp and "cbsmetic" requirements- (COPY of projection at your office) - Also we are in the process of requests.ng fra. the City of South Miami Planning Board 'the 50% reduction of the required parking spaces due to the fact the building is located within 500 feet of the South Miami. Metrorail Station. Due to all of the above mentioned facts, we hereby . g spaces required at this time in .order request approval. of the 16 extra can only be provided by the South Miami Metrorall Garag rate C.O. Those spaces Mr. Bert Perez Page 2 Of. 2 If the South Miami. Planning Board approves 50% of the required parking spaces, we can cancel at least'8 of the required 16 spaces. For your information, we hereby confirm that we only need the requested spaces as a formality to con-ply with the .City of South "Miami requirements. We will ccnpromise ourselves that those spaces are not going to be used. We cannot take customer's cars to any other.location but ours, besides that we do not need for our operation so many spaces. This is known by all parties involve and we all agreed to let you know in,order for you. to understand the situation and the reason for the spaces. We will ccu ply with the required insurance certificate and..any other required docu- ment. Please be.aware that our requirement is for a,maxumam of 12 month in order ll to be able to.finalized a documentations and construction of the ramp and parking space. We are•i.n all honesty at your mercy. Without your approval'all efforts, work, coo- peration frciu the South Miami City Hall members and ourselves will be lost as well as all the money-i.nvolved. We will find ourselves with naked hands as well as we will continue without a,job and will be un -able to provide jobs to approximately 13 to 17 enplcyees. who most of them are not working now and are looking forward for the opening of the body shop. Also please be informed that Mr. Strickland conpraTmsed. with us to pay for any payment due fr,cm.his,previous agreement with your office, which we. found out he never performed. If necessary'we are .willing and able to meet with Mr. Frank Tailed and/or Mr. Joaquin Avino:. If you need•more•information please feel free to contact us or to call Ms. Sonia Lama who is very well *familiar with this problem. Due. to the urgency of our situation we will appreciate your pzaTt cooperation regar- ding this important matter. Thanking you in advance for any consideration given to this matter and looking forward to hear fram you ' soon, we remain, Sincerely yours, Alberto,. Araujo cc: MayyQr Cathy McCann Sorii.a . Lama Robert Strickland W q% Aieida Araujo NI ti N•W. LY. R/W LINE-, T m Found nail h I 00 , 0 00 f �0 o I 1 a 3 �j 1 a. 2 � 6.O'+. `l b 0 Clear PROGRESS ROAD IS' PVMT c\1 O o' a Nail &Disc ,� h; �x o• Eq 001, CONCRETE 9 I \ PARKING AREA e, Z �. r 7° m of "j I 6 TfN� 66.3" 99.32' � . W) ONE STORY CBS. COMMERCIAL BUILDING # 5780 - 84-88 -92 Clear 033 99.35' _O _ wi Found. iron pipe 1/2" F.E.C.R.R. RIGHTS OF WAY PER P82-105 SITE PLAN Lo/ 0 Z _J m m CU � Found. iron pipe l/2 J J 3 J' "f- LOCATION SKETCH SCALE : rr= 100" PROGRESS � •I, i „: � ROAp � :I J 50 Sr 52153 54 55 56 6 r-5 I 6667 6g, 9 70I7r 172) 73 74 7 I I 5� 77 .I. ,I s F E. I� I I, s 78 tih R. R! HT -OF -WAY P \ . ER Pg2 -!OS Lnrir :NS, .0 C.,`J Sti -:at , blocx as re "UWNSITE OF ccrar=t: :n rla ra; c r DaJe ilounty, t La., 5�rrytYLk 5 This certltiCat;Jr by the unaer%1gnea Lar.a? t n:5 -- - 5tat6 Zurvr•. clay of of Fiorica :a �r outnorizQa —��, 19 7 Ia. 1u4 ^••� r•ursjar,t to Practice In the l 4 , , e , n r tr, , r,ti to the 1. :y7:, r•url,:a �. Frovis. n of Section as �•�•enu <o tatutes, ette- iJE�Cr:pLlpr,. r:•�Gf .... .•J ,: v1'r • „] -5 ChaC tl.we January tG9eLM, r +7r„a`+t:C this sur.:;. . ne �`'cr1Ption and Plot Plan, laentlt•• - •'r°r•�'tl:i., OL` <� ?laterials. Cne C,., ;re In sUtf 1GCd t: Jn "• °•••�•rL o, _1`r icler,t cetall to .,r•w �.+;,r•�. „�.� unit and � Cert1 r Ica C1Cr• tc �1(f..- ;;ylOr,s, t. it rolative lira t•• °t trsl= LurvF.y .,no r, Turther, tnly Fla:.. (Jr 1C tCt Plan is a �ascr:;.:.lon ar.a otr.er , DescrIPtion, herewith �ncl the Floor subStan ar,Cr'uCr10r, material :n connection tla, I. compl,•. of the provision of ”' tr,at tna l•nFrovements ,s trr� Dact.�r.;t1G -. material tocgather with ib • "] accurate re . Jascr:Gi,]t] the c the the lmproverrr,.ts Fr ,t c,cr Qt ondom"]'m prop,rty, dnu the location -no d3monsl daman5aon5 rnac tree :Jeneit ins of OT the <iements Ica Lion lccat10n aeter,nlnea tro:; tr,esa and and ..n r.?r•:v of eacr be Crr L1 t ley Chat � 5 • 1 rte l.ndersig d itsC, c� 1 ant r 1 ann. , . -P : ovz. +en L ne:: hfrooy >eapinq, ut"It s including but net limited eila.rnts y `er': ices. :na access to foCll -t'„ 'v�rv, tl? tht un1 t, t0 Conveyed ore IOCd Lee? oult0ln and eowwaon C. d, 9 in Wh tf•t. ... �f. 7-e I `•-DyLantia ich units to tie Y comµl. =ted. Wa]a r. raa: , Pros. r'.L. - .:o. ��tf4 =t =•t-e ct Flor:1R DArt: March I- " i99ci �- �rAKE 8Y: I)ELTA SURVEYORS 12888 SW, 53rd ST. C MIA MI,FLOR�A PC' WAREHOUSE. CONDOMINIUM EXHlB T 'rA " PAGE ! Of Z PAGES City of South Miami - r 6130 Sunset Drive. South Miami. Florida 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD )roperty Owner: ROBERT STRICKLAND Signature: �✓ c , ddress • 101 SARTO AVE., Coral Gables, F1. Phone Number: 448 -8961 • 4 represented By: ALEIDA AND /OR ALBERTO ARAUJO Organization: COLORIN AUTO TECH INC. and p .ddress : 5786 PROGRESS ROAD, SOUTH MIAMI (proposed to a ioPnone : .432 -1468 .rchitect: Phone: .ngineer: FERNANDO R. GOMEZ PIMA Phone; 261 -5969 wner _ Option to purchase x Contract to purchase _ Copy attached? f applicant is not owner, is letter of authority from owner attached? �gs_ LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION 56- 57 -58 -59 (5770) of (s ) 52- 53 -54 -55 (5786) Block 9 Subdivision TOWNSIDE OF LARKINS pB 2 - 105 etes 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: 50-0 °. 10AZK1NG ;5EDUCIrIcAl Letter of intent P oof of ownership Current survey SUBMITTED MATERIALS Hardship statement Power of attorney Site plan (7 copies) --V—/ Reasons for change Contract to purchase 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. 5 -24 -91 )ate App`ti.caAff's Signature and title pon receipt, applications and all submitted materials will be reviewed for ompliance with City Codes and other applicable regulations. Applications ound not in compliance will be rejected and returned to the applicant. )FFICE USE ONLY J )ATE PB HEARING 6 rifDEADLINE DATE FILED.�� COMMISSION OTHER INFO CEPTED REJECTED PETITION REQUIRED PETITION ACCEPTED A. DRAFT M = N U T E S 1P3L arnriiricg Board Tuesday, June 11, 1991 Sylva G. Martin Building 7:30 PM Call to order and the Pledge of Allegiance to the Flag of the United States of America. B. Roll Call. Present Larry Ligammare Robert Parr Diana Gonzalez Cindy Thorner Manuel Gutierrez, Jr. John Lefley (7:40) Absent Paul Eisenhart C. The Minutes of May 28, 1991 with corrections. Motion to approve by Mr. Parr, seconded by Mrs. Thorner. Vote: Approved: 5 Opposed: 0 D. Public Hearings. PB -91 -018 Applicant: Alberto & Aleida Araujo, Robert & Sharon Strickland, Edward & Clara Pawley III, and Mary E Boan Request: To reduce the number of required off - street parking spaces up to fifty (50) percent for two existing structures located within five hundred (500) feet of the South Miami Metrorail Station. Section 20- 4.4 (H) of the City of South Miami Land Development Code. Address: 5786 Progress Road &5770 Progress Road Mrs. Gonzalez read the request. Mr. and Mrs. Araujo and Robert Strickland were present. Mr. Araujo explained they and most of their prospective employees intend to use Metro Rail to get to work. Vehicles belonging to customers will be parked inside their building. They intend to remodel the building in order to accommodate parking for 22/24 vehicles on the roof, accessible by either a ramp or elevator. In answer to Mr. Parr's question, Mrs. Araujo said that there will be 8 employees, including Mr. & Mrs. PB Minutes A( 1 06 -18 -91 Araujo and their son. Mr. Strickland stated that the Araujo's wish to buy the adjoining property, owned by Mary E. Boan and that an attempt had been made to obtain Mrs. Boan's Power of Attorney for this meeting but they were unable to do so. Therefore, this request is for the property located at 5786, Progress Road only, which requires 24 parking spaces. There being no one present wishing to speak either for or against this request, the Chair called the Public Hearing to a close and declared the Meeting to be in Executive Session. Mr. Parr made a motion to approve the request under PB -91 -018 applying to 5786 Progress Road, subject to the applicant's meeting 50% limit by way of rooftop parking or Metrorail lease providing for their meeting the 50% limit. Seconded by Mrs. Gonzalez, for discussion. Mr. Gutierrez asked if the parking requirements would revert to the original number if, in the future, Metro Dade County revoked their parking agreement with the applicant. Mr. Mackey replied that it would do so. He also asked, what would be the result of their meeting their parking requirements in some other way? Mr. Parr withdrew his motion, the second was withdrawn and Mr. Parr restated his motion as; "as long as the applicant meets the 50% parking requirements." Seconded by Mrs. Gonzalez. Mrs. Thorner asked how the City would know if, sometime in the future, Metrorail were to withdraw the parking agreement? Mr. Mackey stated that the agreements are reviewed at least once a year. Mr. Lefley asked what is the rational for determining the 50 %. Mr. Mackey stated that the applicant may request up to 50 %. Studies were made by the City's consultants in compiling the Land Development Code with this number being the result. Also, the proposed ramp would require use of the adjoining property, which the applicant is attempting to purchase. Vote: Approved: 6 Opposed: 0 Ll RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO ALLOW A FRONT SETBACK OF FIFTEEN (15) FEET WHERE TWENTY FIVE (25) FEET IS PERMITTED AND A REAR SETBACK OF TWENTY (20) FEET WHERE TWENTY FIVE (25) FEET YS PERMITTED IN SINGLE FAMILY RESIDENTIAL (RS -4) DISTRICT BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6083 S.W. 63rd STREET, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Habitat for Humanity requested the Planning Board of the City of South Miami as follows: (1) a variance from Sec. 20 -3.5 E of the Land Development Code of the Gity of South Miami, Florida to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted in single family residential (RS -4) district; and (2) a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a rear setback of twenty (20) feet where twenty five (25) feet is permitted in single family residential (RS -4) district, both requests for the property known as 6083 S.W. 63rd Street, South Miami, Florida 33143, which property is legally described as follows: Lot 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, less the South 17.5 feet thereof. WHEREAS, on July 9, 1991, the Planning Board voted to approve both requests by a 5 - 0 vote; and WHEREAS, the City Commission Staff Report recommended denial of all requests; 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 Habitat for Humanity for a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted in single family residential (RS -4) district, said request for the property known as 6083 S.W. 62rd Street, South Miami, Florida 33143, be, and the same hereby .is, approved. Section 2. That the request of Habitat for Humanity for a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a rear setback of twenty (20) feet where twenty five (25) feet is permitted in single family residential (RS -4) district, said request for the property known as 6083 S.W. 63rd Street, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of July, 1991. APPROVED: MAYOR -^^°- -•_ _ ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY ~� z i ANOMIL City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, July 09, 1991, at 7:30 P.M. in the Commission Chambers, the Planning Board /Local Planning Agency of the City of South Miami will conduct a Public Hearing on the following matter. PB -91 -021 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted and a rear setback of twenty (20) feet where twenty five (25) feet is permitted in Single Family Residential (RS -4) District. Legal: Lot 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the South 17.5 feet thereof. Address: 6083 SW 63rd Street South Miami, Florida YOU ARE�HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARINGt SUCH PERSON WILL NEED A RECORD OF THk: 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 EVID i ENCE UPON WHICH THE APPEAL 15 TO BE BASED. (F. S. 266. 0105) %k-IC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET ORIVE, SOUTH N,M1. FLORIDA, AT THE TIME AND DATE STATED ABOVE. INTERESTED PARTIES ARE URGED TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE 'CROON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE {fr TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR AREA INVOLVED. THE BOAROI5 RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMIS�ICIN ,, FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE RIG DIRECTOR BY CALLING 667-SS91 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING UIRY. PLANNING BOARD Is- REV. 12 -9-61 THIS IS A COURTESY NOTICE tug of So um Miami - 7- ol-- Sunset Drive. South Miami. Florida 3314:. 7 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD operty Owner: i-���a �- �� _ �JI�i ni TY signature: 1 .tress: 1' n Phone Number: (3o7 (o U -Z2Z4- I presented By: '�t✓'K �`��� I organization: KASiaT fEyz fAo- tANiTT a P �z i Phone : tress : l�0 �5 - ,P7 ed-vyi 3�u � 101 :hitect: Phone: ('�,�- ::r�(a• �2c3C� wineer: Phone: ier 1-4- Option to purchase _ Contract to purchase — Copy attached? applicant is not owner, is letter of authority from owner attached? LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION (s ) t5 4'�' Block _i° Subdivision 1 1 �` �� M PB - 3 es 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 iefly explain application and cite specific Code sections: 21.0 •r `.c.\ b X Letter of intent _ Proof of ownership Current survey SUBMITTED MATERIALS ?S Hardship statement ,L/L Power of attorney /--Site plan (7 copies) Reasons for change N/A Contract to purchase X Required fee(s) undersigned has read this completed application and represents the 'ormation and all submitted materials furnished are true and correct the best of the applicant's o led a qnbe ief1 �XKU77VC dV� e Applicant's Signature and title 1 receipt, applications and all submitted materials will be reviewed for oliance with City Codes and other applicable regulations. Applications id not in compliance will be rejected and returned to the applicant. ICE USE ONLY : E PB HEARING -1.q - I ERT DEADLINE tl �1 DATE FILED ACCEPTED REJECTED COMMISSION OTHER INFO PETITION REQUIRED PETITION ACCEPTED ��J��K��� ����� ��KK&������������� ��I�0�U INC. =��,",~, FOR HUMANITY ~~" ~°"~~�=�= ^==�","^ ,"`~~ b«/UrHng houses in partnership u/ith God's people 'Oneed June 29, 1991 City of South Miami 76130 Sunset Drive South Miami, Florida 33144 Attn:. Sonia Lama, Director Building and Zoning Department Re: Variance Application Letter of Intent/Hardship Statement Lot 84 Block 16 (6091 SW 63 Street) Dear Ms. Lama: Habitat for Humanity of Greater Miami, Inc. hereby requests yard setback variances to be able to build a three-bedroom, one-bath house on the above referenced lot. This lot is located in an older neighborhood which has been platted for many years. As a result, I have been informed by Soheila in your office that no variance is required for minimum lot size for this lot. Yard setback variance are needed because the required minimum setbacks in the City's Land Development Code were established with the larger minimum lots in mind. The existing houses in the neighborhood do not comply with the setback requirements either. The specific variances requested for this lot are attached as an exhibit. One reason that Miami Habitat is requesting these variances because its house pIans call for a covered front porch. It is believed that this porch adds more to the quality of life for the future 1--iomeowner and for the neighborhood than strict adherence to the setback requirements. Of note is the fact that the variance required to build these Habita� for Humanity houses are in line with the goals and objectives of the City's recent Iy adopted comprehensive plan. (see page number 3.14, Plan page number 85, Housing, Goal 14 Objective 1.3, Policy 1.3.1 and 1.3.2) Thant you for your consideration of this matter. Please call C), L. r.ave any quesrions at all. 11 kebacer Executive Director Habitat For Humanity of Greater Miami, Inc. /P�1Box 560g94/ Miami, R-33256-0Pq4//3O51db7-110] -- S W :.r 2 LCGEtlQ f� ' • •�� ASPM. a ASPHALT CUR.: CLEAR 'D CONC.: CONCRETE ENCA.: ENCROACHMENT FD• s FOUND ' LT.: LIGHT MEAS.s MEASURED '7j MCN. s MONUMENT SEC . SECTION S /L: SECTION LILAC W/: wit" 'r WO.s WOOD 1. I` �• �� ds 3ia 3 Y / • 5W iZ 5%` L.^. C,4 7',1,91'v KETCH 9.3Z�2.?',�'�'� xxa vn t t, 3 av e; Y� �t1 � h aC 0 ti. /101= - -:• —cB z�3 �t� 0,01 TipFi!'t 2.4.O!a 3x.fiIa j 1t, ir74116 CBS■ CONCRETE Bi.00K STRUCTURE C,L: CENTERLINE IPFs 1/21 IRON pipe FCLAW IPSZ 1,2• IRON PIPE SET 1.351767 CC% OVEMC AD ELECTAIC LINE DTs OVERHEAD TELEPHONE LINO PCPs NAIL i ME U1 O1SC P /Lt PROPERTY LINE R:Wt RIGHT OF WAY LE. UTILITY CASEMENT UPS UTILITY POLE (sa,o ' Pix T) .1"M0/FDTR�G v. w c/a 5D =A�" ip, PLP 11 Z- Ga' MBZ,vE�s. L9 2730 5D. ' PL 17'lAr)'. S W 63 ST. :RIPTION , 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded =tat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the South %_,_Z_;.. - .0 feet thereof. WSKI & RICE. EI.:' (303)2A7 -1356 1) Elsvattcns when Shawn. refer to National G.otit: Vertical, INC. • N Oatua 1121 Adjustment (NGW0211. /EYORS-ENGINEERS- PLANNERS. 1135 N. KROME AVE.. i TD: FL. 33930 2) unions otherwise noted. this Firs has not attested to locate FOR: Hr.131'r r FOP_ NUMAWIrY - Footings and /or Foundations. 3) This survey is sul.jsct to essewents. rtshts -or -way. and other URVEY: Bd(//1/QAR�01 hlcn a4ht 1» reflected to a asares of title to the VALID COPIES OF THIS SURVfi Y s+• set ian.a. ZONE: X WILL- BEAR THE $MS"SEO SEAL' BENCHMARK DE,SCRIrTiON- PcPLFyAL ?34 to6. 1 OF T3tE_-ATTESTING'LAND SURVEYOR 5w(•LTraR. SW(sOG'%EL.11.14' :rRrtrY that this - SKETCH OF SURVEY' _ wertr aesertwd hereon to true and - ' BASIS Of BEARING SYSTEM th. wet of wr know lent• and belle' Data of Ftard avr� v Z -11- r surv.yed and dra+.n unwr wr saver- Br REVISIONS A BY FB /PG 0ATC12 -15 us sur..ey Coaplies .$tn the Hlntwus DD -11PCE:S FLA4 'Standards adopted by tn. Florida FRAWK- MAILaWytCI DRAWN BY SCALE GATE FS.410 •d of land Surveyors Pursuant to PRoFESSioNAL LANo- SURVEvori No.7 r 2 jI'�D Q,► JO /O /s,r HH -O. Florida Adanlstativ. COd.. STATE Of FLORIDA Q•I�•B �'.",2t71 �"'� 3��./��' -1'rt7" A 2P rUlp, Q'r yN�41P'o 60�1t,� 97'y VACANT ►,cpAO i SU.l.7 MFr}'s, Y ` 35 h1'nt ' i M v. w c/a 5D =A�" ip, PLP 11 Z- Ga' MBZ,vE�s. L9 2730 5D. ' PL 17'lAr)'. S W 63 ST. :RIPTION , 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded =tat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the South %_,_Z_;.. - .0 feet thereof. WSKI & RICE. EI.:' (303)2A7 -1356 1) Elsvattcns when Shawn. refer to National G.otit: Vertical, INC. • N Oatua 1121 Adjustment (NGW0211. /EYORS-ENGINEERS- PLANNERS. 1135 N. KROME AVE.. i TD: FL. 33930 2) unions otherwise noted. this Firs has not attested to locate FOR: Hr.131'r r FOP_ NUMAWIrY - Footings and /or Foundations. 3) This survey is sul.jsct to essewents. rtshts -or -way. and other URVEY: Bd(//1/QAR�01 hlcn a4ht 1» reflected to a asares of title to the VALID COPIES OF THIS SURVfi Y s+• set ian.a. ZONE: X WILL- BEAR THE $MS"SEO SEAL' BENCHMARK DE,SCRIrTiON- PcPLFyAL ?34 to6. 1 OF T3tE_-ATTESTING'LAND SURVEYOR 5w(•LTraR. SW(sOG'%EL.11.14' :rRrtrY that this - SKETCH OF SURVEY' _ wertr aesertwd hereon to true and - ' BASIS Of BEARING SYSTEM th. wet of wr know lent• and belle' Data of Ftard avr� v Z -11- r surv.yed and dra+.n unwr wr saver- Br REVISIONS A BY FB /PG 0ATC12 -15 us sur..ey Coaplies .$tn the Hlntwus DD -11PCE:S FLA4 'Standards adopted by tn. Florida FRAWK- MAILaWytCI DRAWN BY SCALE GATE FS.410 •d of land Surveyors Pursuant to PRoFESSioNAL LANo- SURVEvori No.7 r 2 jI'�D Q,► JO /O /s,r HH -O. Florida Adanlstativ. COd.. STATE Of FLORIDA Q•I�•B �'.",2t71 �"'� 3��./��' -1'rt7" A 2P 97'y \Qf�ti i SU.l.7 MFr}'s, Y ` t3o.v•P�Hrl ' i M J�f h ' 1 oti�c, caruvt 1 1 . N v. w c/a 5D =A�" ip, PLP 11 Z- Ga' MBZ,vE�s. L9 2730 5D. ' PL 17'lAr)'. S W 63 ST. :RIPTION , 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded =tat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the South %_,_Z_;.. - .0 feet thereof. WSKI & RICE. EI.:' (303)2A7 -1356 1) Elsvattcns when Shawn. refer to National G.otit: Vertical, INC. • N Oatua 1121 Adjustment (NGW0211. /EYORS-ENGINEERS- PLANNERS. 1135 N. KROME AVE.. i TD: FL. 33930 2) unions otherwise noted. this Firs has not attested to locate FOR: Hr.131'r r FOP_ NUMAWIrY - Footings and /or Foundations. 3) This survey is sul.jsct to essewents. rtshts -or -way. and other URVEY: Bd(//1/QAR�01 hlcn a4ht 1» reflected to a asares of title to the VALID COPIES OF THIS SURVfi Y s+• set ian.a. ZONE: X WILL- BEAR THE $MS"SEO SEAL' BENCHMARK DE,SCRIrTiON- PcPLFyAL ?34 to6. 1 OF T3tE_-ATTESTING'LAND SURVEYOR 5w(•LTraR. SW(sOG'%EL.11.14' :rRrtrY that this - SKETCH OF SURVEY' _ wertr aesertwd hereon to true and - ' BASIS Of BEARING SYSTEM th. wet of wr know lent• and belle' Data of Ftard avr� v Z -11- r surv.yed and dra+.n unwr wr saver- Br REVISIONS A BY FB /PG 0ATC12 -15 us sur..ey Coaplies .$tn the Hlntwus DD -11PCE:S FLA4 'Standards adopted by tn. Florida FRAWK- MAILaWytCI DRAWN BY SCALE GATE FS.410 •d of land Surveyors Pursuant to PRoFESSioNAL LANo- SURVEvori No.7 r 2 jI'�D Q,► JO /O /s,r HH -O. Florida Adanlstativ. COd.. STATE Of FLORIDA Q•I�•B �'.",2t71 �"'� 3��./��' -1'rt7" A 2P w .�•� -ITE PL411I.- 313 " �T S. W. Lo 4, 12 —')M rZVOLIS 3 THIS DEED, made this 6 day of 19, by Dade County Department of Housing and Ur an Development, a political subdivision of the State of Florida, party of the first part and Habitat for Humani- ty of Greater Miami, Inc., A Florida Corporation not for profit, whose address is 9300 South Dadeland Boulevard, Suite 101, Miami, Florida 33156 party of the second part; WITNESSETH: That the party of the first part for and In consideration of the sum of nne Dollar ($x1.00 ), to It In hand paid by the party of the second part, receipt of which Is hereby acknowledged, has granted, bargained and sold to the party of the second part, his heirs and his assigns forever, the land lying and being In Dade County, Florida: * See attached Exhibit "A" Legal Description This Deed conveys only the Interests of Dade County and Its Board of County Commissioners in the property described herein, and shall not warrant title thereto. This Conveyance Is made subject to the following convenants running with the land, to wit: GENERAL COVENANTS: A. Purchaser shall commence work on the Improvement In accordance with plans approved by the party of the first part not later than 6 months from the date of this Instrument and shall diligently prosecute such, and shall complete the improvements within ?4 months from the date of this Instrument. Prep Ad dney Beckom 01 N.W. 7 Street lams, Florida 33125 _. Y PROVIDED, That If a mortgage securing money loaned to finance the Improvements, or any part thereof, is Insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but Instead the construction of such Improvements or part thereof shall be completed within the time specified In the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. B. Promptly after completion of the Improvements In accordance with approved plans and provisions of this Instrument, the party of the first part shall furnish the party of the second part an appro- priate Instrument certifying to the satisfactory completion of the Improvements. Such certification shall be In the form recordable In the Office of the Clerk of the Circuit Court of Dade County, Florida, C. The party of the second part agrees for Itself, Its successors and assigns, to:or of -the property or any part thereof, that the party of the second part and such successors or assigns shall: Not discriminate upon the basis of race, color, religion, sex or national origin In the sale, lease or rental or in the use or occupancy of the property or any Improvements erected or to be erected hereon or on any part thereof; and this covenant shall be binding to the fullest extent permit- ted by law and equity, for the benefit and In favor or, and enforceable by (a) the party of the first part, Its succes- sors and assigns, and any successor In Interest to the 4AIAN 0 r w property, or any part thereof, (b) the owner of any other land, or of any Interest In such land, within the Project Area which is subject to the land use requirements and restrictions of the Urban Renewal Plan, and (c) the United States, against the party of the second part, its successors and assigns and every successor In Interest to the property, or any part thereof, or Interest therein, and any party in possession or occupancy of the property or any part thereof, In amplification, and not In restriction of, the provision of Section C(1) It Is Intended and agreed that the party of the first part and Its successors and assigns shall be deemed a beneficiary of the Covenant provided In Section C(1) hereof, both for and In their or Its own right and also for the purposes of protecting the Interests of the community and other parties, public or private, in whose favor or for whose benefit such covenants have been provided. Such cove- nants shalt run in favor of the party of the first part and the United States, for the entire period during which such covenants shall be in force and effect, without regard to whether the party of the first part, or the United States has at any time been, remains, or is an owner of any land or interest therein to or In favor of which such covenants relate. The party of the first part shall have the right, In the event of any breach of any such covenants, and the United States shall have the right in the event of any breach of the covenant provided In Section C(1) hereof, to exercise all the rights and remedies; and to maintain any ,a actions or suits at law or in equity or other proper proceedings to enforcee the curing of such breach of covenant, to which It or any other beneficiaries of such covenant may be entitled. 2. SPECIAL COVENANTS: The following Special Covenants to -wit: The party of the second part agrees for Itself, Its successors and assigns, to or of the property of any part thereof, that In the event that subsequent to conveyance of the real estate or any part thereof to the party of the second part and prior to completion of the Improvements as certified by the party of the first part: A. The party of the second part (or successor In Interest) shall default In or violate Its obligation with respect to the construction of the improvements (Including the nature and the dates for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any default, violation, abandonment, or suspension shall not be cured, ended, or remedied within s ix (_6) months If the default Is with respect to the date for completion of the Improvement so to do: or ` B. The party of the second part (or successor In Interest) shall fall to pay the real estate taxes or assessments on the pro- party or any part thereof when due, or shall place thereon any encumbrance or lien except for the purposes of obtaining (a) funds only to the extent necessary for making the Improv- ements and (b) such additional funds, If any, In an amount not to exceed the Purchase Price paid by the party of the second part to the party of the first part; or shall suffer any levy or attachment to be made, or any material men's or merchanic's lien, or any unauthorized encumbrance or lien 'to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the party of the first part made for such payment, removal, or discharge, within ninety ( 90 days after written demand by the party'of the first part so to do; or C. There 1s, In violation of said Contract of Sale, heretofore executed by the parties to this Deed, any transfer of the property or any part thereof, or any change in the ownership or distribution of the stock of the party of the second part, or with respect to the Identity of the parties In control of the party of the second part or the degree thereof, and such violation shall not be cured wlthin sixty (60) days after written demand by the party of the first part to the party of the second part; The party of the first part shall have the right to re -enter and take possession of the property and to terminate (and revest In the party of the first part) the estate conveyed by this Deed to the party of the second part; provided, that any such right of re -entry shall always be subject to and limited by, and shall not defeat, render Invalid, or limit In any way: A. The lien of any valid mortgage or Deed of Trust permitted by paragraph 2A(b) Special Covenants; and a. Any rights or Interest provided In the Contract of Sale for protection of the trustees of any such Deed of Trust or the holders of any such Mortgage. WITNESS WHEREOF, the said party of the first part has caused these presents to be executed In Its name by Its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. lo Go M Al/,S, A Q e S9 ((9 olcI TITISEAL) Richard P. Brinker, Clerk of Circuit Court Prepared by: kL* Dade County, Florida By Its Board of County Commissioners By: (Vice) Mayor Sidney Beckom Dade County Department of Housing and Urban Development 1401 N.W. 7 Street Miami, Florida 33125 i /L ACKNOWLEDGEMENT FOR TRUSTREE, ADMINISTRATOR, EXECUTOR GUARDIAN OR ANY PERSON ACTING IN A REPRESENTATIVE CAPACITY STATE OF FLORIDA COUNTY OF DADE Before me personally appearede�`i A Cl and �►7- li-h�+1 4a as (Vice) Mayor and Deputy Clerk of the Board of County Commissioners to me well known and known to me to be the person described In and who executed the foregoing Instrument and acknowledged to me and before me that they executed said Instrument In the capacity and for the purposes therein expressed. WITNESS my hand and off IcIaI seal, this R0 day of �� A.D. 199 D o v Notary Pubil State of Florida a Large NOTARY Fb3LIC STATE OF FLORIDA Ky C' MMISS1041 EXP. AUG.31,191193 l3 NMO THRU GHiu`"RAL INS. UNJ. My Commission expires ,5 Exhibit "A" Legal Descriptions Parcel 14 -06 -05 Lot 92, in Block 15, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Dade County, Florida, Less the North 17.50 feet thereof. Parcel 14- 09 -06 -7 Lot 95, in Block 16, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Dade County, Florida, Less the North 17.5 feet thereof. Parcel 14 -09 -08 Lots 13 and 14, in Block 3, of PINES, according to the Plat thereof, as recorded in Plat Book 13, at Page 2, of the Public Records of Dade County, Florida, Less the North 7.5 feet thereof. Parcel 14 -03 -01 Lots 1 and 2, in Block 1, of AMENDED PLAT OF HAMLET, according to the Plat thereof, as recorded in Plat Book 4, at Page .48, of the Public Records of Dade County, Florida, Less the West 10 feet thereof. Parcel 14 -09 -01 Lot 84, in Block 16, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Dade County, Florida, Less the South 17.50 feet thereof. PARCEL 14 -10 -04 Lot 81, in Block 13, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Dade County, Florida, Less the North 10 feet thereof. Parcels 14- 05 -02, 03, 04 Lots 100 and 101, in Block 18, of FRANKLIN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Dade County, Florida, LESS the following described right -of -way: Begin at the Southwest corner of said Lot 100; thence run Northerly along the West line of said Lot 100. for 15.74 feet; thence run Northeasterly for 35.68 feet to a point that is on the North line of South 17.50 f eet of said Lot 100; thence run Easterly along the North line of the South 17.50 feet of said Lots 100 and 101 for 30.83 feet to a point of curvature; thence run Easterly and Northeasterly along the arc of a circular curve to the left, having for its elements a radius of 25 feet and a central angle of 89 degrees, 30 feet, 43 minutes for a distance of 39.06 to a point of tangency with the West line of the East 10 feet of said Lot 101; thence run Northerly along the West line of the East 10 feet of said Lot 101 for 58.39 feet to a point on North line of said Lot 101; thence run Easterly along the North line of said Lot 101 for 10 feet to the Northeast corner of said Lot 101; thence run Southerly for 100.67 feet to the Southeast corner of said Lot 101; thence run Westerly along the South line of said Lots 101 and 100 for 101.24 feet to the POINT OF BEGINNING. MIS dog T H E C I T Y pp South lellxmicrni 6130 SUNSET DRIVE$ SOUTH MIAMI, Ft-ORIDA 33143 Z 0 N I N G P E T I T 1 0 N VARIANCE FROM SECTION 20-3-5E OF THE ALLOW: LAND DEVELOPMENT CODE TO FRONT SETBACK OF 15 FEET & REAR SETBACK OF 20 FEET FOR LOT 84 BLOCK 16 OF FRANKLIN SUBDIVISION & FRONT SETBACK OF 17 FEET 6 INCHES FOR LOT 81 BLOCK 13 OF FRANKLIN SUBDIVISION & FRONT SETBACK OF 15 FEET & REAR SETBACK OF 20 FEET FOR LOT 92 BLOCK 15 OF FRANKLIN SUBDIVISION WHERE 25 FEET IS PERMITTED IN RS-4 ZONING DISTRICT IN SOUTH MIAMI. Petition: We, the undersigned property owners, are within 5-co property. We understand and approve the above reaue feet Of the above . st. DATE ADDRESS - - - - - - - - - - - - - - - 7 5 kj-�j -51 I 84� 7 /-j (continued on page 2) Pace j Z 0 N I N G P E T I T I O N (continued) Petition: We, the undersigned property owners, are within you feet of the above property. We understand and approve the above request. NAME __ - - - - - - - - -ice) +;�-� - - - - - - - - - - - /;-�- - - - — `— — — - — -�— — — — — — —jhlljl! _ 11„`� ,G��;f Yid =t"�(. — — •G��� — — — — I � . .�— ! — � ` � — J I F/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - t- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - PW50 -37 Sm 16 4W ADDRES - -'.- .0 - - - - - - - - - - %.�� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I----------------- _ _ _ - - - - _ _ - - -- - - - Pace STAF F REPORT PB -91 -021 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted and a rear setback of twenty (20) feet where twenty five (25) feet is permitted in a Single Family Residential (RS -4) District. Legal: Lot 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the South 17.5 feet thereof. Address: 6083 SW 63rd Street PB -91 -022 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of seventeen (17 ) feet six ( 6 ) inches where twenty five (25) feet is permitted in a Single Family Residential (RS -4) District. Legal: Lot 81 in Block 13 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 10 feet thereof. Address: 6050 SW 63rd Street PB -91 -023 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted and a rear setback of twenty (20) feet where twenty five (25) feet is permitted in a Single Family Residential (RS -4) District. Legal: Lot 92 in Block 15 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 17.5 feet thereof. Address: 6040 SW 62nd Terrace Analysis: Section 4.8 (D) of the South Miami Land Development Code recognizes these lots as Nonconforming lots of Record and allow a single family house to be built on each, provided that they conform to regulations for the district in which they are located. Recommendation: These houses do not comply with yard setback requirements of RS -4 District. Staff does not recommend approval. Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted and a rear setback of twenty (20) feet where twenty five (25) feet is permitted in a Single Family Residential (RS -4) District. Legal: Lot 84 in Block 16 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the South 17.5 feet thereof. Address: 6083 SW 63rd Street SEE THE TRANSCRIPTION AT THE END OF CASE PB -91 -023. Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of seventeen (17) feet six ( 6 ) inches where twenty five (25) feet is permitted in a Single Family Residential (RS -4) District. Legal: Lot 81 in Block 13 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 10 feet thereof. Address: 6050 SW 63rd Street SEE THE TRANSCRIPTION AT THE END OF CASE PB -91 -023. PB Minutes E 07 -09 -91 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted and a rear setback of twenty (20) feet where twenty five (25) feet is permitted in a Single Family Residential (RS -4) District. Legal: Lot 92 in Block 15 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 17.5 feet thereof. Address: 6040 SW 62nd Terrace Mr. Gutierrez advised the Board that even though he is involved with the Habitat project, he is a volunteer and has no financial nor any conflict of interest with the project. Therefore, he is not recusing himself from the proceedings. Mr. Andrews signed in and stated that his appearance tonight is to speak for the granting of these variances. He, along with members of his church, worked on the Habitat site at 62nd Court. Mr. Andrews noted that Habitat is a private, non - profit organization intended to work eliminating substandard living conditions by providing houses to economically disadvantaged persons at no profit and no interest. Habitat either acquires land by purchase or, in most cases, by donation and with the aid of volunteers doing the construction work, builds a fine home of approximately $35,000 in value. The people who will occupy the home are required to work on the project for 400 hours and will pay a 15/20 mortgage with a 2% deposit. This is a program which removes people from public housing, substandard housing and improves the quality of life for working families. These are not homeless or poor people but, in fact, working poor people. This results in new names on the tax roll. This project allows people to become homeowners who could never do so in any other way. Mr. Andrews said that he has, personally, received much satisfaction for having participated in this project. On page 85 of the City of South Miami Comprehensive Plan which was adopted in 1989, under Goals, Objectives and Policies, lists Goal #1 as, "to assure the availability of sound and affordable housing for all residents of the City of South Miami." In particular, Goal #1.3 states, "it is the goal of the City under its Comprehensive PB Minutes a mot 6 07 -09 -91 Plan that by the year 2000, to achieve a re- developed Hardee Drive area, measured by a reduction in the number of sub- standard residential structures from 42 to 4 with new low and moderate income housing units. This target area is bounded by Hardee Drive, Southwest 2nd Street, Southwest 58th Place and Southwest 62nd Avenue." This is the neighborhood in which this Habitat project is located. HUD donated the land and is funding street improvements. Variances are required for the next three lots to be built upon. Variances are based upon hardship. This case is complicated in that area because these lots were platted a very long time ago with the houses being built on the property line. It is possible that, if it were not for the area taken up by the street and curb improvements, this issue would not be coming before this Board at this time. The lots, which would be "grandfathered in" would be adequate in size to accommodate the structures. These are three bedroom houses, designed for young, growing families. Mr. Andrews recalled instances during his tenure as a member of this Board, when variances decisions had to be made. He feels that he may have had a liberal view of the subject by which he contends that "where there is a compelling social interest where the community is going to benefit by the granting of a variance, it is within the power of this Board to make such a variance." There are those who would disagree, saying that a precedent would be set. Mr. Andrews feels that might not be valid. He also feels the Board has a right to grant a variance based on compelling interest. To re- design the plans would reduce the square footage adequate for those young and growing families the project is intended to help. Mr. Ligammare clarified that this Board does not grant variances but does make recommendations to the City commission in such matters. Ms. Thorner asked what is the square footage of these residences and was told by Mr. Gutierrez that they are 1000 sq ft plus the porch. Mr. Andrews advised that these designs conform to the general layout of the neighborhood. The footprint of each is in line with the front of the adjoining houses so that the neighborhood has a pleasant uniformity. The use of a standard design lowers costs. Chair opened the Public Hearing. There being no one to speak either for or against the issue, Public Hearing was closed and Executive Session declared. B & Z Director Lama stated that Staff does not recommend approval, as is the usual recommendation with variances. Mr. Ligammare asked Mr. Gutierrez if eliminating porches and the use of a trellis would help the situation. Ms. Lama said that as PB Minutes 7 07 -09 -91 long as the structure does not have a roof or columns the slab could be extended to within five feet of the property line. Mr. Gutierrez said that porches were not designed into the original Habitat homes. The reasons being that porches are expensive and nothing more than basic housing was the original intent of the project. However, members of this community who were involved in the original planning, decided and requested that the basic home be enhanced to blend into the neighborhood. Mr. Ligammare is concerned that, at a later date, the porch may be converted into a room. Ms. Goudarzi reported that, if the variance is granted, this would be possible. The variance cannot be granted with conditions. The basic house does not have air conditioning. Even if the porches were deleted, the three bedroom designs would still not fit onto the lots. The other houses are closer to the street than those being proposed for this project. Mr. Ligammare said that if this had been proposed before the new Land Development Code became effective, there would be no problem. Mr. Ligammare is concerned that those homeowners in the area who might want to add a porch as will be allowed with these houses, may use this precedent for their argument to do so. Mr. Gutierrez said that he feels a precedent is not being set because those older homes already have porches. Ms. Thorner said that if all the other houses in that area were to be demolished and structures similar to the Habitat house were erected, with this type of variance, it would do nothing but improve the neighborhood. Mr. Eisenhart, referring to the property on the corner of 63rd St. and 60th Ct., asked if the radius and the porch location will create a problem. Mr-Gutierrez replied that this is small alley and there would be no problem with traffic. Ms. Lama said that the drawings indicate that most of the radius is outside the property line, at least half, if not more. In fact, according to the drawings, asphalt for the alley was placed inside the residence property line. Ms. Gonzalez made a motion to approve the variances as requested for PB -91 -021. Seconded by Mr. Eisenhart. Vote: Approved: 5 Opposed: 0 The Chair made a motion to approve to accept the request for PB- 91 -022. Seconded by Ms. Thorner. Vote: Approved: 5 Opposed: 0 Ms. Thorner moved to approve PB -91 -023. Seconded by Ms. Gonzalez. Vote: Approved: 5 PB Minutes 8 Opposed: 0 07 -09 -91 RESOLUTION N0. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO ALLOW A FRONT SETBACK OF SEVENTEEN (17) FEET SIX (6) INCHES WHERE TWENTY FIVE (25) FEET IS PERMITTED IN SINGLE FAMILY RESIDENTIAL (RS -4) DISTRICT BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6050 S.W. 63rd STREET, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Habitat for Humanity requested the Planning Board Of the City of South Miami: a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of seventeen (17) feet six (6) inches twenty five (25) feet is permitted in single family residential (RS -4) district, said request for the property known as 6050 S.W. 63rd Street, South Miami, Florida 33143, which property is legally described as follows: Lot 81 in Block 13 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, less the North 10 feet thereof. WHEREAS, on July 9, 1991, the Planning Board voted to approve the request by a 5 - 0 vote; and WHEREAS, the City Commission Staff Report recommended denial of the requests; 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 Habitat for Humanity for a variance from Sec:. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a front setback of seventeen (17) feet six (6) inches where twerity five (25) feet is permitted in single family residential (RS-•4) district, said requ?st for the property known as 6050 S.W. 63rd Street, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of July, 1991. APPROVED: MAYOR ATTEST: CITY CLERKr�- ���_.._�_ .. _ . . READ AND APPROVED AS TO FORM: CITY ATTORNEY _ Arm rt.Z?.:.z 1,2.x, �..•: City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, July 09, 1991, at 7:30 P.M. in the Commission Chambers, the Planning Board /Local Planning Agency of the City of South Miami will conduct a Public Hearing on the following matter. ; - Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of seventeen . (17) feet six (6) inches where twenty five (25) feet is permitted in Single Family Residential (RS -4) District. Legal: Lot 81 in Block 13 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 10 feet thereof. Address: 6050 SW 63rd Street South Miami, Florida 71P J 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 IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO 8E BASED. (F. S. 2". 01 OS) L1C HEARING WILL at HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH M1. FLORIDA, AT THE TIME AND DATE STATED ABOVE. . INTERESTED PARTIES ARE URGED TO ATTEND, OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MAOE CRSON AT THE HEARING OR FILEO IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE T TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR AREA INVOLVCO. THE BOAROIS RECOMMENDATION ON THIS MATTER WILL 13C HEARD,BY THE CITY COMMl:itil(1N FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CON'T'ACT THE OFFICE OF rHF. -4G DIRECTOR BY CALLING 667 —SO91 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING 71 RY. PLANNING BOARD —7 Bz REV. Iz —+-41 THIS IS A COURTESY NOTICE ow •yfr.4i f.^� yt �•�' City of South Miami PLANNING aOARD NOTICE OF PUBLIC HEARING On Tuesday, July 09, 1991, at 7:30 P.M. in the Commission Chambers, the Planning Board /Local Planning Agency of the City of South Miami will conduct a Public Hearing on the following matter. PPB -91 -022 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of seventeen (17) feet six (6) inches where twenty five (25) feet is permitted in Single Family Residential (RS -4) District. Legal: Lot 81 in Block 13 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 10 feet thereof. Address: 6050 SW 63rd Street South Miami, Florida U 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 OCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PRO - COINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIOENCE UPON WHICH THE APPEAL TO BE BASED. (F. S. 2". 0109) HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH FLORIDA, AT THE TIMC AND DATE STATED ABOVE. '[RESTED PARTIES ARE URGED TO ATTEND, OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MAOE )N AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE RCCOMMCNO TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR k INVOLVED. THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION URC DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THF. (RECTOR BY CALLING 667 -9691 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING PLANNING BOARD Z REV. I2 -9-61 THIS IS A COURTESY NOTICE oft i it Racal 1 11 ol,.,, Sunset Drive. South Miami. Fiorida 3314". APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARp ?erty owner: , Z7 fir" 11 JMAWi 7.1- Signature: :ess : o. rto/c ITGO 4• Phone Number: �762a, U • 12- 2-44 : esented By: Dirk o f I Organization: �r j TZ T- ; :ess : 1 3O0 Phone : C�° �� �� • 222.4.. litect : G u'(-j ���� �•� -��. Phone : 11 .veer: Phone: 2r x Option to purchase _ Contract to applicant is not owner, is letter of authority from owner attached? het. LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION s 8 Block 1-3 Subdivision X1.1 �,�• __ :s and Bounds: PB APPLICATION IS HEREBY MADE FOR THE FOLLOWING: Variance Special Use Rezoning Text Amendment to LDC _ Home Occupational License PUD Approval PUD Major Change Lefly explain application and cite specific Code sections: 7::-cc. ron� �e1� 1-7 5' ear j� 25' o% Letter of intent Proof of ownership Current survey SUBMITTED MATERIALS X, Hardship statement Power of attorney /',Site plan (7 copies) Reasons for change N/A Contract to purchase Required fee(s) e undersigned has read this completed application and represents the formation and all submitted materials furnished are true and correct the best of the applicant's Mdge n d belief. f ��UT�VE �iQ�cT� "e Applicant's Signature and title n receipt, applications and all submitted materials will be reviewed for oliance with City Codes and other applicable re id not in compliance will be rejected and returned ithe�applicanttlons 'lez USE ONLY : PB HEARING ERT DEADLINE DATE FILED COMMISSION OTHER INFO ACCEPTED REJECTED PETITION REQUIRED PETITION ACCEPTED Ply -9/- �zz. ��� �����U������� N����� INC. HABITAT .. ^ ~~~^ HUMANITY ~~. ~~�~�=�= ","="","", ^^~`° b/'|dHDg houses in partnership u/ith people in need June 29, 1991 City of South Miami 130 Sunset Drive South Miami, Florida 33144 Attn Sonia Lama` Director Building and Zoning Department Re: Variance Application Letter of Intent"Hardship Statement Lot S1 Block 13 /6050 �� 63 S�rect) ` Dear Ms. Lama: Habitat for Humanity of Greater Miami, Inc. nereby rTquectZ ;ard setback varianc�s to be able to build a three-�edroom, one-bath �nouse on the above refernnced lot. Yard seLbac� variance are needed because the reQuireo minimum �e�buck� i� rhe ity's opment Code were established �z�h the iarger m`n�mu� lots in mind. The existing houses in rhe neiqnborhood do not comply with the setback requirements either. rhe spec�tic variances requested for this lot are attached as an exhibit. One regtson that Miami Habitat is requesting these variances because its house plans call 'for a covered front porch. It is believed that this porch adds more to the qualitv of life for the euture homeowner and* -for +:e ne�ghoorhood than strict adherence to the setback requirementa. Of note is the fact that the variance required to build these Habitat for Humanity houses are in line with the goais and objectives of the-City's recently adopted comprehensive plan. �see paoe number 3.14, plan page number 85, Housingoal Objective 1.3, Policy i.3.1 and 1.3.2) Thank you for your consideration of this matter. Please call me if you have any questions at all. l ' Dirk J. olkeboer EXecutive Director Habitat For HU of Greater Miami, Inc. /[!O. Box 56]q94/ Miami, FL 3325/-0994//3M5\667-1100 locats"J ... eeo p]atted ��r many �ears. �s a �esulc' I have o�en �nformed by Soheila in hat no variance is required for minimum lot sizs for this lot. Yard seLbac� variance are needed because the reQuireo minimum �e�buck� i� rhe ity's opment Code were established �z�h the iarger m`n�mu� lots in mind. The existing houses in rhe neiqnborhood do not comply with the setback requirements either. rhe spec�tic variances requested for this lot are attached as an exhibit. One regtson that Miami Habitat is requesting these variances because its house plans call 'for a covered front porch. It is believed that this porch adds more to the qualitv of life for the euture homeowner and* -for +:e ne�ghoorhood than strict adherence to the setback requirementa. Of note is the fact that the variance required to build these Habitat for Humanity houses are in line with the goais and objectives of the-City's recently adopted comprehensive plan. �see paoe number 3.14, plan page number 85, Housingoal Objective 1.3, Policy i.3.1 and 1.3.2) Thank you for your consideration of this matter. Please call me if you have any questions at all. l ' Dirk J. olkeboer EXecutive Director Habitat For HU of Greater Miami, Inc. /[!O. Box 56]q94/ Miami, FL 3325/-0994//3M5\667-1100 5 W 63 z7, �. � 7!5' ASPN.a ASPHALT Casa cONCOLrE "LOCK ssRt1CTURa CLR.a CLEAR CrLa CENT[RLtNC CONC.a CONCR(TE IPFs U2' IRON Pt►t FOUND ENCA.z (NCROACHMENT 1PSa.tr2' IRON PIPE SET L524707 FO.a fOUNO OCs OVtRNEAD :LECTRIC LINNC h LT.: LfCJNT Ora OVEMKAD TELEPMONE LINE MEA5.s MEaSLWEO FCPa NAIL A METAL DISC nON.a MONLWENT PrLa rROPERrY LING SEC.o SCCTICN R,ra 010047 Or WAY �• Q 'lrL: SECTION LINE LC a UTILITY CASEMENT .1. WITH urz UTILITY POLE d WO.z WOOD ;'.�. 73 " s W � 3 7'd-kg. CA 7 01V S K. 7'CH ,0,.33 ME•s. 5w W3 ::7 SI1.L%A W 9 UP a4 X VACANT � Da i 0•� ��'�ti � $sue. ti • ,� T j xAT, �� yrx ` p• 0<0 %off' (50 Pc SCRIPTION 81 in Block 13 of FRANKLIN SUBDIVISION, according to the plat thereof, as :)rded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, 3 the North 10 feet thereof. )WSK I & RICE, INC. TEL. (30W247-1354 E)ew%lono when anown. r• ?K to rattona G000suo wrUUl Oat— 1f29 ANlustomm (MOV0371. IVEYORS- ENGINEERS - PL ANNE RS. 1135 N. KROME AVE. HMSM, R,. , 33030 2) Unless otnArvtao owtod. tots Ftrik has not AttAS"Ot to tout. FOR', HAC317�T :G►Z FiUMANIT`( rooting• an' / n er ,ouratleft. 71 This surYer as subject to sosaawt:a. rtgftt~ -wow. and other SURVEY: 30IJND.4 R eNtera Wnaon of ant be rel leota'•MV aoareo of 16%10 to Ina Va.1I] COPIES OF THIS SURVEY wa eel tAnee. =LOOD ZONE: K OL- J(r,FI WILL: -.BEAR THE EMwsm SEAL BEMCKKOK DESCRIPTIDM - FCP •LDiL'i30 4- amil".SW6or-r Cr THE ATTESTING LANO SUHVEYOR 46LTZIMr- Q-. JI. J4•1 CCATIFY that this 'SKET,;M Of SURVEY' 'CeertY ussortN" hereon is true w _ _ BASIS Of IIEMINO SYSTEM Data of f101d surooY Z-11- '.O lM Nat o1 eI "no.l ere■ eM Yelaar _ .tr surw.aa ana uevn u"or or a'~- Ar � Iv�- RIIVISIONf his wrwr cueriaes .stn the Mtntow 0Y f //Pti ' DATE St An'ar as nap::: w the ilort -'a FR/C 6I }(,' MA!"WSKt ORAt,M BY SCALE OAT[ fi/PO JI1W .re of Lane SWr.orors our scant to PPOP[gtlsalY. L 4" I HI-0. flora'" sranutuavo cone. A++4't6MWiEYat No.- QA..8 / " :;w /z• / /'� 32/1'7• -/¢i3A SrArr a n nOteA -51T7 I ff5L4::56 -t�� s_W . 50 I 15T '�Ir o-r- c ZF .05 f5rR 4*, '2'T IL I 0. TA -LOT ArJZ-r^ -;-ar 6OVrr2AGL- I I RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA APPROVING REQUESTS FOR A VARIANCE FROM SEC. 20 -3.5 E OF THE LAND DEVELOPMENT CODE TO ALLOW A FRONT SETBACK OF FIFTEEN (15) FEET WHERE TWENTY FIVE (25) FEET IS PERMITTED AND A REAR SETBACK OF TWENTY (20) FEET WHERE TWENTY FIVE (25) FEET IS PERMITTED IN SINGLE FAMILY RESIDENTIAL (RS -4) DISTRICT BY HABITAT FOR HUMANITY FROM THE PLANNING BOARD OF THE CITY OF SOUTH MIAMI, FLORIDA FOR THE PROPERTY KNOWN AS 6040 S.W. 62nd TERRACE, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, Habitat for Humanity requested the Planning Board of the City of South Miami as follows: (1) a variance from Sec. 20 -3.5 E of the Land Development Cade of the City of South Miami, Florida to allow a £ront,setback of fifteen (15) feet where twenty five (25) feet is permitted in single family residential (RS -4) district; and (2) a variance from Sec. 20 -3.5 E of the Land Development Code of the City of South Miami, Florida to allow a rear setback of twenty (20) feet where twenty five (25) fact is permitted in single family residential (RS -4) district, both requests for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida 33143, which property is legally described as follows: Lot 92 in Block 15 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Hook 5 at Page 34 of the Public Records of Dade County, Florida, less the North 17.5 feet thereof. WHEREAS, on 3u1_v 91 1991, the Planning Board voted to approve both requests by a 5 - 0 vote; and WHEREAS, the City Commission Staff Report recommended denial of all requests; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 11 0 Section 1. That the request of Habitat for Humanity for a variance from Sec. 20 -3.5 E of the Land Development Code of the Citv of South Miami, Florida to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted in single family residential (RS -4) district, said request for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida 33143, be, and the same hereby is, approved. Section 2. That the request of Habitat for Humanity for a variance from Sec. 203.5 E of the Land Development Code of the City of South Miami, Florida to allow a rear setback of twenty (20) feet where twenty five (25) feet is permitted in single family residential (RS -4) district, said request for the property known as 6040 S.W. 62nd Terrace, South Miami, Florida 33143, be, and the same hereby is, approved. PASSED AND ADOPTED this th day of July, 1991. APPROVED: MAYOR ATTEST: CITY CLERK ^ READ AND APPROVED AS TO FORM: CITY ATTORNEY ~ 2 n City of South Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, July 09, 1991, at 7:30 P.M. in the Commission Chambers, the Planning Board /Local Planning Agency of the City of South Miami will conduct a Public Hearing on the following matter. PB -91 -023 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted and a rear setback of twenty (20) feet where twenty five (25) feet is permitted in Single Family Residential (RS -4) District. Legal: Lot 92 in Block 15 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 17.5 feet thereof. Address: 6040 SW 62nd Terrace South Miami, Florida YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDEREO 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. 2", 01 OS) 3LIC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH 4Ml, FLORIDA, AT THE TIME AND DATE STATED ABOVE, L INTERESTED PARTIES ARE URGED TO ATTEND, OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE °ERSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING. THE BOARD RESERVES THE IT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE 'BOARO CONSIDERS IN THE BEST INTEREST FOR AREA INVOLVED. THE BOAR015 RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMISSION 1 FUTURE DATE. INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE NO DIRECTOR BY CALLING 667 -SSSI OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING UIRY. PLANNING BOARD -7 Bz REV. 12 -9-41 THIS IS A COURTESY NOTICE City of Soum Miami PLANNING BOARD NOTICE OF PUBLIC HEARING On Tuesday, July 09, 1991, at 7:30 P.M. in the Commission Chambers, the Planning Board /Local Planning Agency of the City of South Miami will conduct a Public Hearing on the following matter. PB -91 -023 Applicant: Habitat for Humanity Request: Variance from Section 20 -3.5E of the Land Development Code to allow a front setback of fifteen (15) feet where twenty five (25) feet is permitted and a rear setback of twenty (20) feet where twenty five (25) feet is permitted in Single Family Residential (RS -4) District. Legal: Lot 92 in Block 15 of FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 34 of the Public Records of Dade County, Florida, Less the North 17.5 feet thereof. Address: 6040 SW 62nd Terrace South Miami, Florida YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIOCRED 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. 2". 0101) -IC HEARING WILL BC HELO IN THE COMMISSION CHAMBERS AT THE CITY HALL, 6130 SUNSET DRIVE, SOUTH 41. FLORIOA9 AT THE TIME AND OATS STATCO ABOVE. INTERESTED PARTIES AMC URGCO TO ATTEND. OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE :RSON AT THE HEARING OR FILED IN WRITING PRIOR TO OR AT THE HEARING.' THE BOARD RESERVES THE r TO RECOMMENO TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR ♦RCA INVOLVED. THE BOARDS RECOMMENDATION ON THIS MATTER WILL BE HEARD BY THE CITY COMMIS11ON FUTURE DATE. INTERCSTED PARTIES REGUCSTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE ,G DIRECTOR BY CALLING 667 -9091 OR BY WRITING. REFER TO HEARING NUMBER WHEN MAKING 1RY. PLANNING HOARD -7 BZ REV. 12 -9-6I THIS IS A COURTESY NOTICE I ui noum Miami , 613L 6unset Drive. South Miamt. t=ioncia 33143 APPLICATION FOR PUBLIC HEARING BEFORE PLANNING BOARD ;perty Owner: t kA,' .,-i- � h�MANi rY signature: :ress : (' o. Dec SlOo qq ¢ }�iAml -� 32.SCo•U Phone Number: resented By:Dir� 0 kQboe� organization: nNiTT .ress:g3t90 4; ?,, y4 -�--10t I Phone: tnitect : C4-u-T1 F-RR � Ar2C tT�LC13 Phone: ineer: Phone: er �-4, option to purchase _ Contract to purchase _ Copy attached? }I applicant is not owner, is letter of authority from owner attached? `l c LEGAL DESCRIPTION OF PROPERTY COVERED BY APPLICATION (s ) l 2 Block Subdivision �u PB - 3 es 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 iefly explain application and cite specific Code sections: .6et6c-k /ZeuY -,n>i&-Z-k SUBMITTED MATERIALS Letter of intent Hardship statement %-- Reasons for change Proof of ownership JA L Power of attorney NIA. Contract to purchase Current survey 2�- Site plan (7 copies) -� Required fee(s) undersigned has read this completed application and represents the, :ormation and all submitted materials furnished are true and correct - the best of the applicant's k led a and belief. /Q Q SXKU77V6 DIQECT' :e Applicant's Signature and title n receipt, applications and all submitted materials will be reviewed for Dliance with City Codes and other applicable regulations. Applications nd not in compliance will be rejected and returned to the applicant. 'ICE USE ONLY DATE FILED ACCEPTED REJECTED 'E PB HEARING COMMISSION PETITION REQUIRED 'ERT DEADLINE OTHER INFO PETITION ACCEPTED • � ccJ X02 �� Ytra� � �� - ql - 023 - . ~ 1 0 0 HABITAT FOR HUMANITY OF GREATER MIAMI, INC. mr building houses in Partnership with God's People in need �une �9" l991 City of South Miami 76130 Sunset Drive South Miami. FIorida 33144 Attn: Sonia Lama" Director Buil�inq �nd Z�n�ng DeParrmenc Re: Variance Application Letter of Intent/Hardship State t 04 Lot 92 Slock 15 (60 �W 62 Te men rrace) L�ma, �abi�at for Humanity yaro setback «ariance� one-bath house on the J Greater �iami I to �e able t " nc^ above refer o build a enced lot. herebv requests three-ce�room, minimum �our �ot r size +or thi , 'u iance s .ot. requ'reo I Yard setback variance are needed be s etbacks in the City^s Land Devel cause the requirec minimum witb the ��rger winimum lots i o�ment Code were established t�e ''eighbort�od do :ot compl n mind^ The e:isting houses in either^ �he sPeci�ic ^ariancyswcth the setb*ck requirements ^ttached as an exhibit 3ne � requested for this �oc are requesting these vari ^ reason that Miami Habitat i covered front porch �nces because it� house plans call s more t� the �uali� ^ f�� is belie«ed that this porch ddror a �hr g��crhn o (; o life for the +uture homeowne a s rz�uir��zprt�. " in ��rict dhprenc� s�tba� ind �or S bcer Executive Director Habitat For Humanity ot Gre&er Miami, Ina / P-0- BOX 560994 / Miami, FL 3325&0994 / (305) 667-1100 W varia Habitat +or ��manity houses nce required �o build these objectives +he are in line with the �see of Citv'. recentl goais and �aqe '�umoer 3,14, plan c�mprehensive plan' p�gevnadopted umoer 85, �ousing, J�al i 3 � ` ^ an� 1 nr. �ou, �e i� po� ��ave any questions cn at of th a1l, �s 'na�rer^ p�e�se ca1� S bcer Executive Director Habitat For Humanity ot Gre&er Miami, Ina / P-0- BOX 560994 / Miami, FL 3325&0994 / (305) 667-1100 W •o / ar W 7f-RR / N h0 M / W, Q m N >• 310° .67 H� •I 'a �,1 y b� ' Ar i/, �OCA7 -/oN k'f lEGttlQ ' CLR.A L&A)q ASPHALT CLR. s CLEAN (� I CONC. CONCRETE Cua CONCACYC fiLOCJC ST s1ut;TyM Cis CENTIALINE ENCR.a EwG0ACH wENT \ \ /0,: FOUND 1H2 1/2. 1,,W •tK fOtnrp IPS• 1/2• IRON PIPE \ \vlll LT.• LICNT SIT L1184767 OEM OVtMEAO [L[CrlttC Link arm OV[M �N.: "CH �K"TO SEC.s SECTION Po-r WAILtA METAL OM K L!M[ P/L3 PROPERTY Link S /Ls SECTION LINE R /tl• R10MT air WI v/s ItTN UEs UTILITY [ASEMI rO•a_sp00. UP* UTILITY POLZ I •n4 e.i1u •, n..rv.•4 •n. •r•.n unwr .r Bu If •uru.• rp PCp S W TER R, Ili Li■vtlons rn.n 0•tr4 1929 Ar ■norn• 40404 to w•ilon•I FD FG° Sa' cti •I L B 7jj 4;7 MEAS. "'�'• /k.u.,ld _ 33030 x JRVEY: 50UNDA R Y I ILa�tr�• tor' t.lvr- � n ��,r i r ■0t.0nt rooUn ^Oter• tnu rlre n I not •tt@"tp to IoCAte +■ •nr /or ra+^r•tlons. 37 This survey \ OFT HATlR i • � � !U U 3A/o,zME I � 1 x ca 27j — ,, In • se.ren or tole to the BENCMMARK DESCRIPTION a.rtr r.scri•.r n.r•on a tru. •n• tn. ••st of 0r 110r1.•s• SURVEYOR " - �' - tip 5W GI:r=RR. LO�t73O L SWGotT �,• I1.1 {' �• L 1tv •, •n4 e.i1u •, n..rv.•4 •n. •r•.n unwr .r Bu If •uru.• a9 BASIS OF BEARIMO SYSTEM rs `' ` • eV- UA Y '' aaa...,,, 'FRANK - M AKGW$K) REVISIONS A DD •j{IE1[S -s. tlorlY Artnlst•t.r• Cow. V) BY Fi.M FB /pO�� DATE BY SCALE IZ -IS-' Q. snT[ of a oRrn. • —� D•.4, g, DATE FB/ro JOia Nm VACANT � %� 3 84 N I�� WOMANS TONGtl6 cz GI PO j4j AD) JRIYA4 PALM (rr /•�o - N N• /OJX I 041W Sft �Q5 SO 1 Pf I MEAS. Zr s;r3o.- ,.�.� ('SO PLAT) !�'.- CRI• v� 92 in Block 15 of FRANKLIN SUBDIVISION, according ` :ecorded in Plat Book 5 at Page 34 of the Public RecorushOf Dade the North 17.50 feet thereof. Plat thereof, County, Florida, - ••-- a- eRUINEERS- PLANNERS. -_- — - - -- %-2 1447 -1356 1135 N. KRONE AVE.. HMs .OR: HRC37TAT- FL. Ili Li■vtlons rn.n 0•tr4 1929 Ar ■norn• 40404 to w•ilon•I role FiUMAN17Y _ 33030 2) unless of n0rrt INGypt91. �•�owtse V•rt iC41 JRVEY: 50UNDA R Y I ■0t.0nt rooUn ^Oter• tnu rlre n I not •tt@"tp to IoCAte +■ •nr /or ra+^r•tlons. 37 This survey _J00 ZONE: X JL7G F VA-"D COPIES OF THIS SURVEY LiLL �i AR THE Is subject -•teer• rnlen eltnt. reflected rI nesror -. ■r, �M other 1 e Oct I•n.., ted 'tAitrr tn•t Ines SKETCH Ai' SUItKY -- EMBOSSED SE 0► TFIr ATTESTINCE•LApD V' ,, In • se.ren or tole to the BENCMMARK DESCRIPTION a.rtr r.scri•.r n.r•on a tru. •n• tn. ••st of 0r 110r1.•s• SURVEYOR " - �' - tip 5W GI:r=RR. LO�t73O L SWGotT �,• I1.1 {' �• L 1tv •, •n4 e.i1u •, n..rv.•4 •n. •r•.n unwr .r Bu If •uru.• Odle or 41.14 surwr IZ-�7�- _ BASIS OF BEARIMO SYSTEM =c"116• ritn tn. "Inleue St.nr•r•s •0004 .v tn0 :ior14• . .. or L•1. Svrv.rors ►..r. -,nt to nn `' ` • eV- UA Y '' aaa...,,, 'FRANK - M AKGW$K) REVISIONS A DD •j{IE1[S -s. tlorlY Artnlst•t.r• Cow. PRaCSStONAt LANQ ZUW4YOR wo. ZC.14- BY Fi.M FB /pO�� DATE BY SCALE IZ -IS-' snT[ of a oRrn. • —� D•.4, g, DATE FB/ro JOia %� 3 84 -1470 A v V TE 1.07 -:?1/2 3 In LINE iFIAMPA 4. IS f5 Ia8 S r•Irr �rL }r�Irar15 .7j. �, 31Y 00ro ST I n J_� � �- I 0 5r,► c J 2 f 15 ~� I J1 rAf S• '� 11 2, i 7a J 3 n' o/ 3r , 57 A f IS v �+ 5 w I j , so is .. �I; Wq Zq SJ 7-1 tt , 31v �3 �r es M169 0 . I 6 0 14 I S w 13 •'!1 `+ ,yt} _ 1 I . 1 + S ,S ,s � ri �� � � ►v 63 r ` r., Q; �a )s ,� )� s i= ; SS��q I 'f ,` /° h j j Z / L. _ •Z ' r i g h 6 7 1L7 40 �. 1 � • - is jj sl Ss i • v . ys a V ♦ __ /i ♦ S 6 S s� i• �i r7 ` ` id I� �♦ S7 s = rRACT ,/ 7 447 60 ;/N /V/ / �S I f IRA Cr 1� aj GZ 49 �= GARDENS /ti' 4 - ! 50 43 t �I 3 9 �o IJ f to rRACT G rF. j', ♦ v �r d r'► rRAC f, . t :.I;f�: I ' �MfNS; r7t OF /NS J SW 66 MARSHA( 'FRR Z. e, ' Q /s Nt SW C7 cr r4ACT F rs U v; �Er7S/ rY ! � _ W ILL /.I N MSO :s �s Sw SB Cr PARK $W�3 '*ftT MAc1'C v�R�Ar1c�5 SOUTP MIAMI ,.* PIAUNING 50A RD rqA C• GARDENS vo J• h 0 a Scale .1 r ._ I, Drn �e . z�:�.Ch. 09.. `- k ..... `iearina vo ...... �2 3 u RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF 5 48,444.63 REPRESENTING FEES INCURRED FOR LEGAL REPRESENTATION BY GREGORY BORGOGNONI OF RUDEN. BARNETT ET AL IN CONJUNCTION WITH LITIGATION REGARDING THE CITY'S COMPREHENSIVE PLAN: CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01- 2100 -5510: "CONTINGENCY FUND" WHEREAS. by Resolution number 75 -90 -9102 the City Commission authorized the employment of Gregory Boraognoni of Ruden, Barnett et al in conjunction with litigation regarding the Citv's Comprehensive Plan; and WHEREAS. the City received invoices for legal services rendered pursuant to the aforesaid Resolution for the period commencing October 1, 1990 through July 31, 1991 for a total of s 48,444.63 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to disburse the sum of s 48,444.63to Gregory Boraoanoni of Ruden, Barnett et al representing fees for legal services for the period commencing October 1, 1990 through July 31, 1991 rendered in conjunction with,litiaation regarding the City's Comprehensive Plan. Section 2. The disbursement be charged to account number 01 -2100 -5510: "Continaencv Fund ". 1 PASSED AND ADOPTED this th day of July, 1991. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE PURCHASE OF TRAP SAND # 70 FOR THE TOT LOTS AT DANTE FASCELL PARK AND MARSHALL WILLIAMSON PARK FOR A TOTAL PRICE NOT TO EXCEED S 1,946.00 BY THE RECREATION DEPARTMENT AND PROVIDING FOR DISBURSEMENT FROM ACCOUNT NUMBER 2000- 4620 "MAINTENANCE AND REPAIR - OPERATIONAL EQUIPMENT" WHEREAS, pursuant to the 1990 -91 Budget of the City of South Miami, Florida, the Recreation Department of the City of South Miami, Florida was authorized to purchase Trap Sand # 70 for the Tot Lots at Dante Fascell Park and Marshall Williamson Park; and WHEREAS, the Administration of the City of South Miami has now obtained a cost of S13.90 per ton for 140 tons of Trap Sand # 70 for a total cost of S1,946.00 from Florida Silica Sand Company Inc. pursuant to the following governmental bid: Dade County number 1168- 8 -90 -1; 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 Florida Silica Sand Company Inc. in an amount not to exceed S 1,946.00 for Trap Sand # 70 for the Tot Lots at Dante Fascell Park and Marshall Williamson Park. Section 2. That the disbursements be charged to account number 2000 -4620 "Maintenance and Repair - Operational Equipment ". PASSED AND ADOPTED this day of July, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY q 4k -1 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DECLARING TUESDAY, AUGUST 6',. 1990 "NATIONAL NIGHT OUT - SOUTH MIAMI" AND URGING CITIZENS TO JOIN IN AMERICA'S NIGHT OF "LIGHTS OUT FOR CRIME" WHEREAS, last year over 20 million citizens lit uo the Nation's night skv during National Night Out '89 as signal to America that "Lights On Means Liahts Out For Crime"; WHEREAS, the National Association of Town Watches will sponsor the 8th Annual "National Night Out" on August 6, 1991;" NOW. THEREFORE, BE iT RESOLVED BY THE MAYOR AND THE CITY COMMISSION'OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Tuesday, August 6, 1990 is declared to be "National Night Out - South Miami ". Section 2. All citizens of South Miami are urged to join all Americans in lighting their homes and neighborhoods and assembling outdoors in a demonstration that "Lights On Means Liahts Out For Crime ". PASSED AND ADOPTED this th day of July, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY /a• RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA AUTHORIZING THE CITY MANAGER TO EXPEND ti SUM NOT TO EXCEED 51,800.00 TO ATTORNEYS' TITLE INSURANCE FUND, 1NC. FOR REAL ESTATE TITLE EXAMINATION REPORTS PRIOR TO FORECLOSURE OF MUNICIPAL LIENS: CHARGING THE DISBURSEMENT TO ACCOUNT NO. 01 -2100 -5510: "CONTINGENCY FUND" WHEREAS. in the course of the enforcement of the Citv's Code of Ordinances, violators have been notified twice upon failure to cure violations, fined upon Hearing at the Code Enforcement Board, and ultimately had Orders recorded as liens; and WHEREAS, in certain cases, property owners have nevertheless failed to cure Code violations, thus circumventing the health, safety, and welfare of the residents of the City; and WHEREAS, the Mavor and City Commission now desire to commence foreclosure, to recoup the fines ordered and to enforce the Codes being violated, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager be, and hereby is, authorized to expend the sum of not more than S1,800.00 to Attorneys' Title Insurance Fund, Inc. for real estate title examination reports for the properties designated on the attached Exhibit "A". Section 2. The disbursement be charged to account number 01- 2100 -5510: "Contingency Fund ". PASSED AND ADOPTED this th day of July, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: ITY ATTORNEY V CITY OF SO Jul ^3191 16 :57 No.007 P.02 * 01N1lw04.%Dw%Dco0 V 14 C n 0 oNwtn%j(nai%0r1-0w tv a% nA 0Cocncncn000o Iw U) ro ;,v En ZZXEEoCXxxx cn o �woovLna%HHaiatco(A ►0i7 �a.a.towNEn (A vw�w {� N rt HHHHH x �H H Hy O 0 0 O O cn En In \� Z oCQh+- +IlCaJn:3C12 i �o rt o rt rt xcro 0 ft O (DpM wao �(DDo V � x o• 1 H � � a c ►v c � {n _C=: N tc tc tD t0 RO 00 00 00. O 00 p n t-+ H�rQ+ E-+ F-+ ►-+ to to ntc� �C �D �pJJ p v A� t` i t3i 0' (n is to cn cn N N co w O G� ` , % z N L71 1 tkj % wWN1 -+0, ��!dI O W N (A V In N O N t0 OD 01 00 0000,0 Ln a0co0ocn p x 0 cn . . . . . . . . . . � hd f3 cno0000 n00cncn p � oa0000000000 �o tid v n n N O 0o VI In V N O co w % % . % % . . . N H N U, W 0% 0) --j w 00 ocncnvtncnao 03 o,cn y oo0Cn0 oo0�cnotn OOOOOOOOOOVIVI O O O O O O O O O O O O CC y CNO 0� 4 8 4 iANM OV MN►ri N M "I � fn NCIiHHHNHhyAPHHH t3f ai \ t37 tr! t+d � � d � O W 1991 -07 -23 17:07 PAGE = 02 rr. .. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING RECONSIDERATION OF SUBDIVISION IMPROVEMENTS REQUESTED BY STANLEY TOLEDO WITHIN SIX MONTHS OF PREVIOUS CONSIDERATION OF THE ISSUE, PURSUANT TO SECTION 20 -6.1 (A) (3) (e) OF THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI FOR THE PROPERTY KNOWN AS 6314 S. W. 49TH STREET, SOUTH MIAMI, FLORIDA 33143 AND LEGALLY DESCRIBED HEREINBELOW WHEREAS, on February 5, 1991, the City Commission, upon hearing, passed Resolution No. 4 -91 -9080, a copy of which is attached hereto as Exhibit "A ", regarding the property known as 6314 S. W. 49th Street, South Miami, Florida 33143 and legally described therein, granting certain waivers of subdivision improvements and deferring others requested by Stanley Toledo, and; WHEREAS, many of the improvements are not needed in the immediate area and would result in destruction of trees; and WHEREAS, the Mayor and City Commission recognize that to defer these waivers indefinitely would be costly and unjust. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Commission of the City of South Miami, Florida authorizes the reconsideration of the request for deferral of subdivision improvements by Stanley Toledo for the aforesaid property on the next available agenda. PASSED AND ADOPTED this th day of July, 1991. APPROVED: MAYOR ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY 10?S y RESOLUTION NO. 100 -91 -9160 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA ADVISING THE PROPERTY APPRAISER OF ITS PROPOSED MILLAGE RATE, 6.856 MILS; ITS ROLLED -BACK RATE, 6.294; AND OF THE PUBLIC HEARINGS TO BE HELD SEPTEMBER 3 AND SEPTEMBER 17, 1991 TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET, ALL REGARDING THE CITY'S 1991 -92 FISCAL YEAR BUDGET WHEREAS. Florida Statute 200.065 requires that within 35 days of certification of value pursuant to sub - section (1) of said the Statute "each taxing authority shall advise the property aDDraiser of its proposed millage rate of its rolled -back rate computed pursuant to sub - section 1 and of the date, time, and place which a oublic hearing will be held to consider the proposed millage rate and tentative budget; and WHEREAS, the certification of value was made on July 1, 1991; and WHEREAS. the City Administration has now computed the Droposed millage rate and the rolled -back rate; and WHEREAS. the Mayor and City Commission therefore wish to comply with the aforesaid Statute, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Citv Administration advise the orcoerty aopraiser that the proposed millage rate of City of South Miami, Florida for the 1991 -92 fiscal vear budget is 6.856 mils. The rolled -back rate computed pursuant to sub - section (1) of Florida Statute 200.065 is 6.294 mils. Section 2. The date, time, and place at-which public hearings will be held to consider the proposed millaae rate and tentative budget are as follows: Date Time Place September 3. 1991 7:30 P.M. South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 September 17, 1991 7:30 P.M. South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 PASSED AND ADOPTED this 30 th day of Julv, 1991. ATTEST: 1 � CI LERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: �MYOR 2