08-07-90} a
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Dr.
REGULAR CITY COMMISSION MEETING
AUGUST -7, 1990
7 :30 PM
Next Resolution: 102 -90 -9128
Next Ordinance: 12 -90 -1452
Next Commission Meeting: August 21, 1990
A. -Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission Consideration:
1. City Manager's
2. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING:
- none -
RESOLUTIONS FOR PUBLIC HEARING: (a reconsideration as per Commission action 8/2/90)
3. A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
approving a variance request to allow a 7' setback for a swimming pool where
25' is required and denying a variance request to permit animpervious coverage
of 45% where only 40% is allowed, both variances requested.by Andres Von Wachter
from the Planning Board of;the City of South Miami, Florida, for a single family
residence at 6489 Sunset Drive, South Miami, Florida.
(Planning Board /Administration)
RESOLUTIONS:
A Resolution to grant a use easement to Mr. & Mrs. John Burgos for an encroachment
upon the City's property adjacent to the property at 6875 S.W. 78 Terrace, South
Miami, Florida; providing for terms and conditions thereof, including termination
and notice'.
( City Attorney Berg)
5. A Resolution to settle and satisfy liens for Code Violations for the property at
5461 S.W. 59th Avenue, South Miami, Florida authorizing the administration to
execute necessary.documents therefor.
(City Attorney Berg)
ORDINANCES- 1 ST READING
4/5
4/5
3/5
6. An Ordinance amending Section 5 -1 of Article 1 of Chapter 5 "Animals and Fowl" 3/5
of the Code of Ordinances of the City of South Miami, Florida by adding Wild Fowl
and Wildlife as protected under sanctuary provisions; providing for severability
and an effective date.
REMARKS
none
(Mayor McCann)
p
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed:ngs is
Made, which record includes the testimony and evidence upon which the
appeal 1s' based.
_ a
s x
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A VARIANCE
REQUEST TO ALLOW A 7 FEET SETBACK FOR A SWIMMING POOL
WHERE 25 FEET IS REQUIRED AND DENYING A VARIANCE
REQUEST TO PERMIT AN IMPERVIOUS COVERAGE OF 45% WHERE
ONLY 40% IS ALLOWED, BOTH VARIANCES REQUESTED BY ANDRES
VON WACHTER FROM THE PLANNING BOARD OF THE CITY OF
SOUTH MIAMI, FLORIDA FOR A SINGLE FAMILY RESIDENCE AT
6489 SUNSET DRIVE, SOUTH MIAMI, FLORIDA
WHEREAS, Andres Von Wachter requested the Planning Board of
the City of South Miami for variances (1) from Section 20 -3.6 J
(1) (c) of the Land Development Code to allow a 7 feet set -back
for a swimming pool where a 12.5 feet set -back is required, and
(2) from Section 20 -3.5 E to permit an impervious coverage of 45%
where only 40% is allowed, both variances for a single family
residence in an RS -3 zoning district at 6489 Sunset Drive, South"
Miami, Florida, which property is legally described as follows:
Lot 6, Block 3, Orr's Pond, according to the
Plat thereof, as recorded in Plat Book 132
at Page 34 of the Public Records of Dade
County, Florida;
WHEREAS, on June 19, 1990 the Planning Board voted to
approve variance request no. 1 by a 5 - 1 vote and to deny
variance request no. 2 by a 6- O vote; and
WHEREAS, the City Commission Staff Report recommended
denial of both requests;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That variance request no. l of Andres Von
Wachter, to oermit to allow a 7 feet set -back for a swimming pool
vnere a i2.5 feet set -back is required, for a single 'family
_esidence at 6489 Sunset Drive, South Miami, Florida be, and the
same is, nereby aDDroved.
section Z. That variance request no. 2 of Andres Von
bacnter,_:o oermit impervious coverage of 45% where only 40% is
aiiowed, -or a single family residence at 6489 Sunset Drive,
South Miami, Florida, be, and the same is, hereby denied.
PASSED AND ADOPTED this th day of July, 1990.
APPROVED:
MAYOR
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Andres F: van Waciber
6489 Sdnmt Drftc
South Miami. Fl 33143
Phone (306) eBEI-7992
^.am ^av
_'nIa _3 M a, ,=•IA
1 i n a & Z o n i n a Director
r of South Miami, Fl �� 1 a3
-,ear Sonia:
—h,s is to confirm my conversation of last week with you and the Mayor in
-- ration to the request for a building permit for a lapping pool at my home
'n Orr's Pona. As agreea with you, I would like to be on the Planning
:Ioarc's Agenda of June and The City Comission of July.
.t�acned you will find the following aocumentation:
-Copy of the Deed to my prooerty as proof of ownersnio.
�ompletea application form.
- Zoning Petition duly signed by the majority
of the Homeowners at Orr's Pond.
�ertified copy of the survey of Lot 6, Block 3.
Plan of the improvements proposed with all the
necessary calculations.
etter from the President of the Homeowners'
Association.
- individual letters from the a adjacent neighbors.
-_etter from Dr. Alberto Mitrani.
..0 can see from the figures on the construction plan Brawn up pv
pro ae! : io, ,vno will be the contractor for this loo, we nave caiculatec
: tai - ermeaole area as the sum of my lot plus ; 19tn of the existinc
.._, Meaoie area of the common area Tract= & C. finis s the same rea-
✓e were -__zlcuiatinc the wnofe Subdivision.
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:Vero rot `xi :ence a7, .7-,- v � m~, e r yw I . e s ic:, e ._a r_u~i
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1
-one rave eer ar,
�o.. .viL" - _etcac',. rave ��cerstocc anc ;rcrovea
_ r.. j o a toi _ romes e �_-uoaivis G
..econc - e,uest `or -3 cooi variance anc nasea on ootn , ecica:
-eec ana the fact that we are the oniv tamliv i vina at Orr,-:- Pond .rat
.=mail cniiaren who neea this pool.
;ou nave any further questions, please contact me at 593 -6965 aurina
_',, ;ce hours, or at 666 -7992 after hours, or you may contact Harry
sson at 599- 0848.
a�ai ly yours,
- .hares F. von Wachter
CATHY McCANN
MAYOR
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
305 / 667 -5691
THERE WILL BE A SPECIAL MEETING OF THE SOUTH MIAMI CITY COMMISSION ON
TUESDAY, AUGUST 7TH, 1990 "AT 7:30 P.M. IN THE COMMISSION CHAMBERS AT
SOUTH MIAMI CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA TO
CONSIDER THE ITEMS ON THE AGENDA OF THAT SAME DATE ATTACHED HERETO AND
MADE A PART HEREOF.
NOTICE OF THIS SPECIAL MEETING WAS SERVED UPON THE CITY CLERK ON
FRIDAY, AUGUST 3RD, 1990.
DONE UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF SOUTH MIAMI,
FLORIDA THIS 3RD DAY OF AUGUST, 1990.
,-2-t✓�_
MA 0
ATTEST
/PITY CLERK
POSTED: CITY HALL BULLETIN BOARD 8/03/90
cc: ADMINISTRATION
PRESS
t11-1 17' 'r
r
anares ;. von Wachter
x4484 Sunset Drive
South Miami, FL 33143.
Lear Mr, von Wachter:
AS we d15CU55ed reCentlY CM the teleOhone, Y(2Ur cerv'Cal Spine
series revealed some degenerative disease in that area and this is
a likely reason for your pain. Obviously, bone and joint disease -
presents a problem with respect to my previous recommendation that
You exercise daily as part of your hypertension therapy program.
gunning or other weight bearinq exercise may worsen this problem
^.us - ecommend that you substitute SwImming instead. ':4s always
wart to emphasize the importance exerCi5e in both the control of
'Your Blood pressure a0O in reduction of your ri5k for heart
Disease.
'¢ You have any further questions, do not hesitate to contact me.
Sincerely,
*401.,
Alberto A. Mitrani. M.D.
Assistant Professor of Medicine
t
r `
2, _
'1r. and Hrs. Andres ion Wachter
0489 Sunset Drive
'Miami, FL 33143
Dear hIr. and Mrs. Von 'Wachter:
ou have requested permission of the Orr 's Pond Homeowners'
Association. Inca to construct a cool in your rear yard in
accordance with the enclosed sketch. The Association acting
*through its Architectural Control Committee has approved your
Dian.
Very truly ,.,ours.
Orr's Pond Homeowners' Association, Inc.
8 v i. tj
Jack G. admire, President
S Yv `�ry
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?quest: The Owners of the above property have made the following request:
REAR '64C.6( OP 7 #&-;ee 12-..r j
?tition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
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O v I N G P E T' N
(continued)
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?etition: 4e, the undersigned property owners, are within 300 feet or the above
property. We understand and approve the above reauest.
-NAME ADDRESS
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Z O N I N G P B T I" T O N
(continued)
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'etition: We, theiundersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.
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Page 2
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M 2 NUT E S Tt ;
U �y
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P l a n n i n g B o a r d tl
Tuesdav
July 10, 1990
Sylva G. Martin Building
7:30 PM
A. Call to
order and the Pledge of Allegiance to the Flag of the
the United
States of America.
S. Roll Call.
Present Absent
Larry Ligammare
Sharon Jenkins
Diana Gonzalez
Bob Parr
John Lef ley
Manuel Gutierrez, Jr.
�. Public
Hearing.
?B -90 -016
Applicant:
Andres Von Wachter
Request 11:
Variance from Section 20 -3.6 (J) (1) (c) to allow
a 7 foot setback for a- swimming pool where a 12.5
foot setback is required in an RS -3 zoning district.
Request T2:
Variance from Section 20 -3.5E to - permit an
impervious coverage of 45% where only 40% is allowed
in an RS -3 zoning district.
regal:
Lot 6, Block 3 of Orr's Pond, according to the plat
thereof recorded in Plat Book 132 at Page 34 of the
Public Records of Dade County, Florida.
- ocation: 6489 Sunset Drive
'Ir. Harry Sasson signed in to speak for the applicant. He stated
the reasons for this request are both medical and the fact that Mr.
'on Wachter has the only small children - among those families in
Orr's Pond Subdivision. Mr. Ligammare noted that, had the
applicant researched properly before purchasing this 'property, he
would have been aware that a request of this type would be
restrictive and is, in fact, a self- imposed hardship. Mr. Sasson
cited a precedent for this request in Orr's Pond. There is a pool
on lot 9, block 3, which was previously allowed for medical
reasons. At the time of this request Orr's Pond was not so
developed and the Commission was wary due to the lack of neighbors
who might be affected by this project later. In this vein, Mr.
Sasson presented documentation from the present neighbors
signifying their absence of objections. This present application
does not affect any trees on the property. Utility easements are
311 in the front of the property, hence will not be affected. Most
of the deck will have to be eliminated in order to comply with
_mpervious coverage requirements. Ms. Gonzalez suggested a
redesign of the deck area to meet impervious coverage requirements
which will eliminate the need for a variance. "here was no one
present to speak against the request.
Public Nearing was closed. Staff recommended denial of both
-sauests. This request -s not a major change to a UD. The
-mioervious coverage for the entire Orr's Pond ;=7ect will have
-een reached.
',!r. Parr made a motion for the approval of Request =1, Seconded by
'Ir. _utierrez.
ote:
fr a r r
:onzalez.
l.pprcved: Deposed: _ Licgammare i
:7,ade a notion -o ;env �,ectuest =2. Seconded '--v Ms.
en i al _pprcved • =osed
=E -�0 -616 July 1990
:uUlic3nt: Andres Von Wachter
eauest =1: ariance from Section 0 -3.6 J) (i) c) �o ailow
a 7 foot setback for a swimming pool where a 12.15
foot setback is required in an RS -3 zoning district.
Request T2: Variance from Section 20 -3.5E to permit an
impervious coverage] of 45% where only 40 is allowed
in an RS -3 zoning district.
Leaal: Lot 6, Block 3 of Orr's Pond, according to the plat
thereof recorded in Plat Book 132 at Page 34 of the
Public Records of Dade County, Florida.
Location: 6489 Sunset Drive
ANALYSIS
The applicant has requested variances to construct a swimming
000l on his property at Orr's Pond. Previously variances were
sought and granted to an applicant for property at Orr's Pond.
7- -vents and discussion surrounding this previous application are
recorded in the excerpted Minutes included in the packet.
RECOMMENDATION
Staff recommends denial of both requests.
v..
RESOLUTION NO. „
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA TO GRANT A USE EASEMENT TO
MR. AND MRS JOHN BURGOS FOR AN ENCROACHMENT UPON THE
CITY'S PROPERTY ADJACENT TO THE PROPERTY AT 6875 S.W.
78 TERRACE, SOUTH MIAMI, FLORIDA; PROVIDING FOR TERMS
AND CONDITIONS THEREOF, INCLUDING TERMINATION AND
NOTICE
WHEREAS, Mr. and Mrs. John Burgos are the owners of a single
family residence located at 6875 S.W. 78 Terrace, South Miami,
Florida, legally described as follows:
Lots 7 through 10, and Lot 6, less the West
15.65 feet, Block 6, West Larkin Park
Subdivision, according to the Plat thereof as
recorded in Plat Book 12, at gage 49, of the
Public Records of Dade County, Florida.
WHEREAS, a single family resi4ence eras built on that
property In 1937;
WHEREAS, as shown on attached sketch of survey, a portion of
the premises, to -wit: a porch and a 6 foot wood fence, encroach
upon adjacent property to the south awned by the City, which
City -owned property is legally described as follows:
see attached Exhibit "A"
WHEREAS, as indicated in the attached letter, the owners are
unable to sell the premises because a title insurance company
will not insure the _Premises without a grant of use easement from
the City;
NOW, THEREFORE, BE 'IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY JF SOUTH MIAMI, FLORIDA.
Section 1. The city of South Miami, Florida shall grant an
easement for use upon the property described above to Mr. and Mr.
Jahn Burgos, which easement shall be terminable upon any of the
±ollowinq occurrences:
a_ The de$truction, damage, or removal of 25% or more of
the encroaching part, of the single family residence; or
b. The destruction, damage, or removal of 25% or more of
any part of the single family residence; or
c. The remodeling and /or alteration of the single family
residence.
Secticn_2. The Administration of the ,City of South Miami,
Plorida be, and hereby ia, authorized to execute such further
documents are necessary to effectuate the foregoing section.
PASSED AND ADOPTED this th day of Auqust, 1990.
APPROVED:
MAYOR
ATTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
. J BANKERS TITLE SERVICES CORP.
,duly 26,1990
FRANCISCO A DIZZ�-R1VA5, PSQ
5456 L& Corce Drive
Miami Beach, r1ori.dd 33140
RFi USE EASEMENT FOR 6875 sw 76 TERRACE, SOUTH Mlhml
Dear qtr Diet -Rivas s
our oxaminat ion of t ho above- refer anced titJ e policy
has revealed a significant title pxoblemi to wit ar: enC oach-
merit an the City df South Miami property; thus,, a title pol lcy
cannot be unlass we receive a uze easoment for that
port ton of the ptop4rty th6t encro&chos upon City land. This
letter will confirm thht Commonwealth Land Title Company, will
be willing to insure this property ?used on the following%
They will show she encroachment on the Mortgagee title pal -icy
and give the following affirmative covexaget This policy
affirmatively insures against lost or damage , not exceeding
the policy limitro, which t-he insured may sustain as the result
of the entry of a final order , of a co>xrt of 'competent: juris-
diction, denyincj he right; to maintain the improvement which
eonstitutas auoh encro&chmant.
They will Also Shcw an exception to t,hc. mortgagee .oiicy;
�'cr.rns, co'v'enants and condit-iorls of Grant of Usc Ea5ament ±'i lc.d
In ORB PAGES
The ownor' s policy will show the encroachmernt and tho Grant
of the Use t&Lcmen4 , lout. not affirmative coverage on the owner's
Policy.
f s u halve ary qj iestio;is, pleftso do not hesitmtc +,:c eontac:t:
C2 .
itic @rely.,
Miriam Montalvd
d4/
1401 Ponce de 1-*on Blvd, Suite 372, Coral Cables, Florida 33134, Phone (305) 567.0027, Fax 305) 40.104
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7 thru 10, & Lot 6 less the West 15.65 feet, Block 6, VFST
LARKIN PARK SUBDIVISION, according to the Plat thereof as recorded
in Plat Book. 12, at Page 49, of the Public Records of bade County,
�- Florida.
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FOR
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Galata Mortgage Co
CERTI)rjXD TO
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0
t RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA TO SETTLE AND SATISFY
LIENS FOR CODE VIOLATIONS FOR THE PROPERTY AT 5461 S.W.
59 .iVENUE, SOUTH MIAMI, FLORIDA AND AUTHORIZING THE
hDMINISTRATION TO EXECUTE NECESSARY DOCUMENTS THEREFOR
WHEREAS, on April 17, 1989, the Continental National Bank
began an action to foreclose a mortgage encumbering the property
at 5641 S.W. 59 Avenue, South Miami, Florida, legally' described
as follows;
Lots 36, Block 1, Gables Edge Subdivision,
according to the plat thereof as recorded in
Plat Book 94, at Page 64, of the Public
Recordo of Dade County, Florida
WHEREAS, on August 3, 1989 and on May 4, 1990, the City of
South Miami, Florida recorded a Claim of Lien against the
aforesaid property for fines imposed for violations of the City
of South Miami Code;
WHEREAS, on May 16, 1990, a Final Judgment of Foreclosure
was entered, which Judgment did not name the City of South Miami
as a Defendant because neither did the City notify the Bank nor
did the Bank reexamine title after commencing foreclosure;
WHEREAS, the property thus has a lien of record which can be
cleared either by the City satisfying it or a Court compelling
satisfaction; and
WHEREAS, the Sank is willing to acknowledge the lot clearing
services of the City, but not the daily fines included in the
lien;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CI'T'Y
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.
Section L. The City of South Miami, Floridan shall deliver
to Continental National Bank of Miami a satisfaction of the
aforesaid liens in exchange for the sum of s 800.00 from
Continental National Bank of Miami.
section 2. The administration of the City of South Miami,
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
low'
sF
ORDINANCE NO.
AN ORDINANCE
AMENDING SEC'
AND FOWL" OF
SOUTH MIAMI,
AS PROTECTED
SRVRRABILITY
OF THE CITY OF SOUTH MIAMI, FLORIDA,
PION 5-1 OF ARTICLE I OF CHAPTER 5 "ANIMALS
THE CODE OF ORDINANCES OF THE CITY OF
FLORIDA BY ADDING WILD FOWL AND WILDLIFE
UNDER SANCTUARY PROVISIONS; PROVIDING FOR
AND AN EFFECTIVE DATE.
WHEREAS, the city of South Miami has heretofore declared the
area within ita corporate limits to be a bird sanctuary; and
WHEREAS, the Mayor and City Commission wish to extend this
sanctuary to other animal wildlife;
NOWr THEREFORE, BR IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Article 1, Section 5-1 of the Code of
Ordinancee is hereby amended as follows:
See. 5-1. City declared bird, wild fowl, and wildlife
sanctuary
The territory embracing the corporate limits of the city is
hereby declared to be a bird, wild fowl, and wildlife sanctuary,
and It shall be unlawful to any person or persons to harass,
wound, trap, or kill any bird(s), wild fowl, or wildlife within
the territorial limits of the city.
Section 2-, If any section, clause, sentence or phrase of
this ordinance is held to be invalid or unconstitutional by any
court of competent Jurtsdiction, then said holding shall in no
way affect the validity of the remaining portions of this
ordinance.
Section 3. All Ordinances or parts of Ordinances in
conflict herewith be, and the same are, hereby repealed.
Section 4. This Ordinance shall take effect immediately at
the time of its passage.
PASSED AND ADOPTED this . th day of August, 1990.
�o4b
IP
APPROVED:
MAYOR
CATHY MCCANN
MAYOR
6130 SUNSET DRIVE
SOUTH MIAMI. FLORIDA 33143
305 / 667.5691
THERE WILL BE A SPECIAL MEETING OF THE SOUTH MIAMI CITY COMMISSION ON
TUESDAY, AUGUST 7TH, 1990 `�AT 7:30 P.M.' IN THE 'COMMISSION CHAMBERS AT
SOUTH MIAMI CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA TO
CONSIDER THE ITEMS ON THE AGENDA OF THAT SAME DATE ATTACHED HERETO AND
MADE A PART HEREOF.
NOTICE OF THIS SPECIAL MEETING WAS SERVED UPON THE CITY CLERK ON
FRIDAY, AUGUST 3RD, 1990.
DONE UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF SOUTH MIAMI,
FLORIDA THIS 3RD DAY OF AUGUST, 1990.
MA 0
ATTEST:
l
I7Y CLERK
POSTED: CITY HALL BULLETIN BOARD 8/03/90
cc: ADMINISTRATION
PRESS
.
CATHY MCCANN
MAYOR
6130 SUNSET DRIVE
SOUTH MIAMI. FLORIDA 33143
305 / 667.5691
THERE WILL BE A SPECIAL MEETING OF THE SOUTH MIAMI CITY COMMISSION ON
TUESDAY, AUGUST 7TH, 1990 `�AT 7:30 P.M.' IN THE 'COMMISSION CHAMBERS AT
SOUTH MIAMI CITY HALL, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA TO
CONSIDER THE ITEMS ON THE AGENDA OF THAT SAME DATE ATTACHED HERETO AND
MADE A PART HEREOF.
NOTICE OF THIS SPECIAL MEETING WAS SERVED UPON THE CITY CLERK ON
FRIDAY, AUGUST 3RD, 1990.
DONE UNDER MY HAND AND THE OFFICIAL SEAL OF THE CITY OF SOUTH MIAMI,
FLORIDA THIS 3RD DAY OF AUGUST, 1990.
MA 0
ATTEST:
l
I7Y CLERK
POSTED: CITY HALL BULLETIN BOARD 8/03/90
cc: ADMINISTRATION
PRESS
S
1
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Dr.
REGULAR CITY COMMISSION MEETING
AUGUST -7, 1990
7:30 PM
A. Invocation
Next Resolution: 102 -90 -9128
Next ordinance; 12 -90 -1452
Next Commission Meeting: August 21, 1990
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report `
ORDINANCES SECOND READING AND PUBLIC HEARING:
- none -
RESOLUTIONS FOR PUBLIC HEARING: (a reconsideration as per Commission action 8/2/90)
3. A Resolution of the Mayor and City Commission of the City of South Miami Florida,
approving a variance request to allow a 7' setback for a swimming pool where
25' is required and denying a variance request to permit an impervious coverage
of 45% where only 40% is allowed, both variances requested.by Andres Von Wachter
from the Planning Board of;the City of South Miami, Florida, for a single family
residence at 6489 Sunset Drive, South Miami, Florida.
(Planning Board /Administration) 4/5
RESOLUTIONS: 0-�
///
4. , A Resolution to grant a /se easement to Mr. & Mrs. John Burgos for an encroachment 4/5
upon the City's property adjacent to the property at 6875 S.W. 78 Terrace, South
Miami, Florida; providing for terms and conditions thereof, including termination
and notice'.
( City Attorney Berg)
5. A Resolution to settle and satisfy liens for Code Violations for the property at. 3/5
5461 S.W. 59th Avienue, South Miami, Florida authorizing the administration to
execute necessary.documents therefor.
(City .Attorney Berg)
ORDINANCES- 1 ST READING
6. An Ordinance amending Section 5 -1 of Article 1 of Chapter 5 "Animals and Fowl" 3/5
of the Code of Ordinances of the City of South Miami, Florida by adding 'Wild Fowl
and Wildlife as protected under sanctuary provisions; providing for severability
and an effective date.
REMARKS P
none
(Mayor McCann)
e
You are hereby advised that if any person desires to appeal any decision
with respect to any matter considered at this meeting or hearing, such
person will need to ensure that ;a verbatim record of the proceed:ngs is
Made, which record includes the testimony and evidence upon which the
appeal is,,based
. e
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA APPROVING A VARIANCE
REQUEST TO ALLOW A 7 FEET SETBACK FOR A SWIMMING POOL
WHERE 25 FEET IS REQUIRED AND DENYING A VARIANCE
REQUEST TO PERMIT AN IMPERVIOUS COVERAGE OF 45% WHERE
ONLY 40% IS ALLOWED, _BOTH VARIANCES REQUESTED BY ANDRES
VON WACHTER_FROM THE PLANNING 'BOARD OF THE CITY OF
SOUTH MIAMI FLORIDA FOR A SINGLE FAMILY RESIDENCE AT
6489 SUNSET DRIVE, SOUTH MIAMI, FLORIDA
WHEREAS, Andres Von Wachter requested the Planning Board of
the City of South Miami for variances (1) from Section 20 -3.6 J
(1) (c) of the Land Development Code to allow a 7 feet set -back
for a swimming pool where a,12.5 feet set -back is required, and
(2) from Section 20 -3.5 E to permit an impervious coverage of 45%
where only 40% is allowed, both variances for a single family
residence in an RS -3 zoning district at 6489 Sunset Drive, South
Miami, Florida, which property is legally described as follows:
Lot 6, Block 3, Orr's Pond, according to the
Plat thereof, as recorded in Plat Book 132
at Page 34 of the Public Records of Dade
County, Florida;
WHEREAS, on June 19, 1990 the Planning Board voted to
approve variance request no. 1 by a 5 - 1 vote and to deny
variance request no. 2 by a 6 - 0 vote; and
WHEREAS, the City Commission Staff Report recommended
denial of both requests;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That variance request no. "1 of Andres Von
wacnter, to permit to allow a 7 feet set -back for a swimming pool
vnere a 12.5 feet set -back is required, for a single family
--esidence at 6489 Sunset Drive, South Miami, Florida be, and the
same is, hereby aoproved.
Section 2. That variance request no. 2 of Andres Von
4acnter, to permit impervious coverage of 45% where only 40% is
ailowed, -or a single family residence at 6489 Sunset Drive,
4
Andres F van Wachter
6489 Sunset Drive
South Mimi. FL 33143
phunc (306) 698 -7992
- -
nIa Lama, ,CIA
icing & Zoning Direc. -jr
_,. ,v of South Miami, r l 331 a3
Dear Sonia:
-'his is to confirm my conversation of last week with you and the Mayor in
-- jation to the request for a building permit for a lapping pool at my home
:n Orr's Pond. As agreea with you, I would like to be on the Planning
Board's Agenda of June and The City Comssion of July.
,ttacned you will find the following documentation:
- -opy of the Deed to my property as proof of ownership.
- -ompletea application form.
- Zoning Petition duly signed by the majority
of the Homeowners at Orr's Pond.
Certified copy of the survey of Lot 6, Block 3.
-Plan of the improvements proposed with all the
necessary calculations.
-Letter from the President of the Homeowners'
Association.
- individual letters from the 4 adjacent neighbors.
_etter from Dr. Alberto Mitrani.
you can see from tre figures on the construction clan crawn ub cv
- .:ro cei ,,vno will be the contractor for this lob, we nave calcuiatee
_ -e ctai cermeable area as the sum of mgr ict plus '; 19th of she existing
er~eanie area of the common area T rac.s A,B, & C. finis is the same rea-
1,11a as . ,ve were czalculatina zhe wncie Subdivision.
�rc.:sions ar anc 'r, lance wii n yne ecula-
_, .vr _,, were not existence al: :ne me my .cme was cuil _. `ne
0
0
a
e r-,auestea r or ,pervious lar^ao - 3
0: �eccn�. -, . �ry
�e c r c C a n c , s c-nr- - Jonc
rave seo� _ titan
-- ;c 7:ave - naersroca
ana accrcvec
- -Jrc..,ut of a Dotal o� r:0Mes rte -uba1vIs
cr
�econa reouest for a cool variance ana ; s c a s e a
on born mecical
-vec and the fact that we are the oniy family iivina at
Orrs Pona that
�as small cnildren who need this pool.
you nave any further Questions, please contact me
at 593 -5965 curina
ffice nours, or at 666 -7992 after hours, or you may
contact Harry
-asson at 599 -0848.
- ,-daily yours
�yi•
=Hares F von Wachter
y
"lay 7Q. :99Q .
Ana res F von Wachter
6489 Sunset Drive
South Miami, FL 33143.
Dear Mr. von Wachter:
As we discussed recently on the telephone, your cervical spine
series revealed some degenerative disease in that area and this is
a likely reason for your pain. Obviously, bone and joint disease'
presents -a problem with respect to my previous recommendation that
you exercise daily as part of your hyperten'sion therapy program.
atJnning or other, weight bearinq exercise may worsen this problem
- ^us ; ecvmn+ end that you substitute swimming instead. As always
-ant *_o emohasize the importance exercise in both the control of
Your blood pressure ana in reduction of your risk for heart
,2isease.
:f you have any further questions, do not hesitate to contact me.
Sincerely,
Alberto A. Mitrani. M.D.
Assistant Professor of Medicine
'•1r. and Mrs. Andres Von Wachter
6489 Sunset Drive
'•liami, FL 33143
:Dear Mr. and Mrs. Von Wachter:
you have requested permission or the Orr s Pond Homeowners'
Association. Inc. to construct a Dool in your rear yard in
accordance with the enclosed sketch. The Association acting
through its Architectural Control Committee has approved your
Dian.
Very truly yours.
Orr's Pond Homeowners' Association, inc.
Jack G. Admire, President
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Z O N I N G P E T I T I O N
Property Description, Location and Legal:
Request: The Owners of the above property have made the following request:
/phi SSeo� ,d uiZ-I) 4 AJ���G
A Reel! OF 7 0 #&72E
E o/2 ,
Petition: We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request.-
_�?65- - - - - --
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=� - =- continued on zaoe 2) Paoe
Z O N I N G P E T: 7 7 O y
(continued)
1
Pet -iti on: :ale, the undersigned property owners, are within 300 feet of the above
I property. We understand and approve the above request.
NAME kDDRES S
J r`_'1 ✓ G t'-� - - - - - - - - - - - 6- d N- - -- - - _ _ -
71
7/. Soei4eT
- - - - - - - - - - - - - - - - - - - - - - -
-
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- - - - - - -6s
-- Z;4t)`--- LEVrod
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?ace
Z O N I N G P E T I T I 0 N
(continued)
S
Peti'ti'on:, We, the undersigned property owners, are within 300 feet of the above
property. We understand and approve the above request
�,- - - - - -; - - - - - - - - - - - - - - - -
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T- - - -(?) - - -
- - - - - - - - -- - -
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----------- - - - - -- --- - - - - --
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------------------
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Page 2
i
vocation: 6489 Sunset Drive
14r. Harry Sasson signed in to speak for the applicant. He stated
he reasons for this request are both medical and the fact that Mr.
Von Wachter has the only small children among those families in
Orr's Pond Subdivision. Mr. Ligammare noted that, had the
applicant researched properly before purchasing this property, he
would have been aware that a request of this type would be
restrictive and is, in fact, a self-imposed hardship. Mr. Sasson
cited a precedent for this request in Orr's Pond. There is a pool
on lot 9, block 31, which was previously allowed for medical
reasons. At the time of this request Orr's Pond was not so
developed and the commission was wary due to the lack of neighbors
who might be affected by this project later. In this vein, Mr.
Casson presented documentation from the present neighbors
signifying their absence of objections. This -
present application
does not affect any trees on the property. Utility easements are
all in the front of the property, hence will not be affected. Most
of the deck will have to be eliminated in order to comply with
impervious coverage requirements. Ms. Gonzalez suggested a
fedesign of the deck area to meet impervious coverage requirements
which will eliminate the need for a variance. There was no one
:,resent to speak against the reauest.
?ublic Hearing was closed. Staff recommended denial of both
--equests. This request S 4
- not a major chancre to a PUD. The
_mDervious coverage for the entire
Orr's Pond project w'11 have
Zeen reached.
.4r. ?arr made a notion for the approval of Request =l, Secc-nded by
Mr. Gutierrez.
Mote.
%!r. ?arr
Gonzalez.
.1oproved: 5 -oposed: ! 'Liaammare)
lade a motion to -Jenv Request =2. Seconded '-v Ms.
:aniai 1.0proved: 7- - zvosed: -
Tuesday
Duly 10, 1990
Sylva G. Martin Building
7:30 PM
A. Call to
order and the Pledge of Allegiance to the Flag of the
the United
States of America.
B. Roll Call.
Present Absent
Larry Ligammare
Sharon Jenkins
Diana Gonzalez
Bob Parr
John Lef ley
Manuel Gutierrez, Jr.
D. Public
Hearing.
PB-90-016
21pplicant:
Andres Von Wachter
Request 11:
Variance from Section 20-3.6 (J) (1) (c) to allow
a 7 foot setback for a swimming pool where a 12.5
foot setback is required in an RS-3 zoning district.
Request
Variance from Section 20-3.5E to permit an
impervious coverage of 45% where only 40% is allowed
in an RS-3 zoning district.
Legal:
Lot 6, Block 3 of Orr's Pond, according to the plat
thereof recorded in Plat Book 132 at Page 34 of the
Public Records of Dade County, Florida.
vocation: 6489 Sunset Drive
14r. Harry Sasson signed in to speak for the applicant. He stated
he reasons for this request are both medical and the fact that Mr.
Von Wachter has the only small children among those families in
Orr's Pond Subdivision. Mr. Ligammare noted that, had the
applicant researched properly before purchasing this property, he
would have been aware that a request of this type would be
restrictive and is, in fact, a self-imposed hardship. Mr. Sasson
cited a precedent for this request in Orr's Pond. There is a pool
on lot 9, block 31, which was previously allowed for medical
reasons. At the time of this request Orr's Pond was not so
developed and the commission was wary due to the lack of neighbors
who might be affected by this project later. In this vein, Mr.
Casson presented documentation from the present neighbors
signifying their absence of objections. This -
present application
does not affect any trees on the property. Utility easements are
all in the front of the property, hence will not be affected. Most
of the deck will have to be eliminated in order to comply with
impervious coverage requirements. Ms. Gonzalez suggested a
fedesign of the deck area to meet impervious coverage requirements
which will eliminate the need for a variance. There was no one
:,resent to speak against the reauest.
?ublic Hearing was closed. Staff recommended denial of both
--equests. This request S 4
- not a major chancre to a PUD. The
_mDervious coverage for the entire
Orr's Pond project w'11 have
Zeen reached.
.4r. ?arr made a notion for the approval of Request =l, Secc-nded by
Mr. Gutierrez.
Mote.
%!r. ?arr
Gonzalez.
.1oproved: 5 -oposed: ! 'Liaammare)
lade a motion to -Jenv Request =2. Seconded '-v Ms.
:aniai 1.0proved: 7- - zvosed: -
STAFF REPORT
?B -�0 -016 July 5, 1990
cuiicant: Andres Von Wachter
I
eauest =1: ' variance from Section 20 -3.6 (J) (1) (c) to allow
a 7 foot setback for a swimming pool where a 12.5
foot setback is required in an RS -3 zoning: district.
Request 72: Variance from Section 20 -3.5E to permit an
impervious coverage of 45% where only 40% is allowed
in an RS -3 zoning district.
..egal Lot 6, Block 3 of Orr's Pond, according to the plat
thereof recorded in Plat Book 132 at Page 34 of the
Public Records of Dade County, Florida.
I
Location: 6489 Sunset Drive
I
I
I
i
ANALYSIS
The applicant has requested variances to construct a swimming
cool on his property at Orr's Pond. Previously variances were
sought and granted to an applicant for property at Orr's Pond.
vents and discussion surrounding this previous application are
recorded in the ;excerpted Minutes included in the packet.
RECOMMENDATION
Staff recommends denial of both requests.
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THC
CITY OF SOUTH MIAMI, FLORIDA TO GRANT A USE EASEMENT TO
MR. AND MRS. JOHN BURGOS FOR &N ENCROACHMENT UPON THE
CITY'S PROPERTY ADJACENT TO THE PROPERTY AT 6875 S.W.
78 TERRACE, SOUTH MIAMI.. FLORIDA; PROVIDING FOR TERMS
AND CONDITIONS THEREOQF, INCLUDING TERMINATION AND
NOTICE
WHEREAS, Mr. and Mrs. John Burgos are the owners of a single
family residence located at 6875 S.W. 78 Terrace, South Miami,
Florida, legally described as follows:
Lots 7 through 10, and Lot 6, less the West
15.55 feet, Block 6, West Larkin Park
Subdivision, according to the plat thexeof as
recorded in plat Book 12, at Page 49, of the
Public Records of Dade County, Florida.
WHEREAS, a single family residence was built on that
property in 1937,
WHEREAS, as shown on attached sketch of survey, a portion of
the premises, to -wit: a porch and a 6 foot wood fence, encroach
upon adjacent property to the South owned by the City, Which
City -owned property is legally described as €ollowsi
gee attached Exhibit "A"
WHEREAS, as indicated in the attached letter, the owners are
unable to sell the premises because a title insurance company
will not insure the premisea without a grant of use easement from
the City;
NOW, THEREFORE, 1E t.T RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY vF SOUTH MIAMI, FLORIDA;
Section 1. The City of South Miami, Florida shall grant an
easement for use upon the property described above to Mr. and Mr.
John Burgos, which easement shall be terminable upon any of the
following occuXXBT3ces :q
a. The destruction, damage, or removal of 25% or more of
the encroaching parr of the single family residence; or
b. The destruction, damage, or removal of 25% or more of
r
any pant of the single family residence, or
C. The remodeling and /or alteration of the single family
residence.
Se 'tloil 2. The Administration of the City of South Miami,
Florida be, and hereby is, authorized to execute such further
documents are necessary to effectuate the foregoing section.
PASSED AND ADOPTED this .:th day of huqu$t, 1990.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
1
BANKERS TITLE SERVICES CORP.
July 26,1990
FRANCISCO A DIEZ -RIVAS, b,SQ
5456 LA Gozce Drive
Miami Beach, F1arida 33140
RR:s USE EASEMENT FOR 6875 SW 7$ TERRACE, SOUTH MIAMI
Dear mr Diet - Rivals
our examination of the above- referenced title policy
has revealed a siVnif f cant title problem, to wit ar encroach-
ment on the City of South Miami, property; tY.us, a title pol ic!y
cannot h,e i itsuer3 unless we reocive a use easoment for that
portion of the prop4rty that encroaches upon City laud. This
letter will confirm th&t Commonwealth Land Title Company, will
t)e willing to insure this property )used on the fol l.owinc i
They will show the encroachment on the Mortgagee title Policy
and give the following affirmative coverage: This policy
affirmatively Insvres against "loss or damage l not exceeding
the policy l.i.mitm, which -the insured may sustain as tho result
of the entry of a f x nal. Qrder ,: of a court of competent jurisx
diction, denying Lra right tr-� maintain the improvement which
eonsti.tutes such encroachment.
Thiey will also show an excepta.on to the trortgagee policy,
ler.ms, covenants and conditions of Grant of Uso Easament filed
in ORH_ -. , PAGE
The owner's policy will show the encroac:hment and the grant
of the Use tai& =ens , but, not affirmative coverage on 'she owner's
Policy.
f you have" env ;uestio.zs, pleaslc" do not hesiteLte 1*0 eontac:t
me.
a.nceraly,
Miriam Montalva
4
1401 Ponce de L*on Blvd., Suite 302, Coral Cables, Florida 33134, Phone (303) 557 -0027, Faz ;335) 447.1094
LOCA TION SKETCH
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it LEGAL DESCRIPTION
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1,at6 7 thru 10, & Lot b less the West 15.65 feet, Block 6, k'FS'f
LARKIN PARK SUBDIVISION, according, to the Plat thereof as recorded
in Plat Book 12, at Page 49, of the Public Records of Dade County,
�} Florida.
FOR
Gelats Mortgage Co.
sa CERTIF191) TO
Savings o rioa, F.A. �►
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IFY to the. a � Dated firm m�for persons that the 'SKETCH OF St�`�t,• EY' of the herein
rty true and to the best of kwwiedge and belief as recently surveyed and platted
t titan s� h#t no v bi� g other than thcs c shaWra :and that it m.ae
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RESOLUTION N0. 102 -90 -9128
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA TO SETTLE AND SATISFY
LIENS FOR CODE VIOLATIONS FOR THE PROPERTY AT 5461 S.W.
59'XVENUE, SOUTH MIAMI, FLORIDA AND AUTHORIZING THE
ADMINISTRATION TO EXECUTE NECESSARY DOCUMENTS THEREFOR,
WHEREAS, on April 17, 1989, the Continental National Hank
began an action to foreclose a mortgage encumbering the property
at 5641 S.W. 59 Avenue, South Miami, Florida, legally described
as folloves
Lots 36, Block 1, Gables Edge Subdivision,
according to the Plat thereof as recorded in
Plat Book 94, at Page 64, of the Public
Records of Dade County, Florida.
WHEREAS, on August 3, 1989 and on May 41 1990, the City of
South Miami, Florida recorded a Claim of Lien against the
aforesaid property for fines imposed for violations of the City
of South Miami Code;
WHEREAS, on May 16, 1990, a Final Judgment of Foreclosure
was entered, which Judgment did not name the City of South Miami
as a Defendant because "neither did the City notify the Bank nor
did the Bank reexamine title after commencing foreclosure;
WHEREAS, the property thus has a lien of record which can be
cleared either by the City satisfying it or a Court compelling
natistaction; and
WHEREAS, the Bank is willing to acknowledge the lot clearing
services of the City, but not the daily fines included in the
1 ion;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA.:
section 1. The City of south Miami, Floridan shall deliver
=o Continental National Bank of Miami a satisfaction of the
aforesaid liens in Rxchange for the sum of 8 1,000. from
Continental National Bank of Miami.
Section 2. The &dministration of the City of South 4;iami,
s
kTTEST
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED
MAYOR
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING SECTION 5 -1 OF ARTICLE I OF CHAPTER 5 "ANIMALS
AND FOWL" OF THE CODE OF ORDINANCES OF THE CITY OF
SOUTH MIAMI, FLORIDA BY ADDING WILD FOWL AND WILDLIFE'
AS PROTECTED UNDER SANCTUARY PROVISIONS; PROVIDING FOR
sEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has heretofore declared the
araa within its corporate limits to be at bird sanctuary; and
WHEREAS, the Mayor and City Commission wish to extend this
sanctuary to other animal wildlife;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
4.Ction -i «_ Article 1, Section 5 -1 of the Cade of
Ordinances is hereby amended as follows:
Sec. 5 -1. City declared bird, wild fowl, and wildlife
sanctuary
The territory embracing the corporate limits of the city is
hereby declared to be a bird, wild fowl, and wildlife sanctuary,
and it shall be unlawful to any pern on or persons to harass,
wound, trap, or kill any bird(s), wild fowl, or wildlife within
the territorial limits of the city.
Section 2. If any section, clause, sentence or phrase of
this ordinance is held to be invalid or uncon5titutibnal by any
court of competent ;urksdiction, then said holding shall in no
way affect the validity of the remaining portions of this
ordinance.
Section 3. All ordinances or parts of Ordinances in
Conflict herewith be, and the same are, hereby repealed.
Section 4._ This Ordinance shall take effect immediately at
tha time of its passage.
PASSED AND ADOPTED this
th day of August, 1990.
APPROVED:'
MAYOR
ATTEST:
READ AND APPROVED AS TO FORM:
CITY ATTORNEY N --
Q
i a
OFFICIAL. AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Dr.
REGULAR CITY COMMISSION MEETING
AUGUST -7, 1990
7:30 PM
Next Resolution: 102 -90 -9128
Next Ordinance: 12 -90 -1452
Next Commission Meeting: August 21, 1990
A. -Invocation
B. Pledge of Allegiance to the Flag of the United States of America
C. Items for Commission Consideration:
1. City Manager's Report
2. City Attorney's Report
ORDINANCES - SECOND READING AND PUBLIC HEARING
- none
RESOLUTIONS FOR PUBLIC HEARING: (a reconsideration as per Commission action 8/2/90)
3. A Resolution' of the Mayor and City Commission of the City of South Miami, Florida,
approving a variance request to allow a 7' setback for a swimming pool where
25' is required and denying a variance request to permit an . impervious coverage
of 45% where only 40% is allowed, both variances requested by Andres Von Wachter
from the Planning Board of;the City of South Miami, Florida, for a single family
residence at 6489 Sunset Drive, South Miami, Florida.
(Planning Board /Administration) 4/5
RESOLUTIONS:
4.1 A Resolution to grant a use easement to Mr. & Mrs. John Burgos for an encroachment 4/5
upon the City's property adjacent to the property at 6875 S.W. 78 Terrace, South
Miami, Florida; providing for terms and conditions thereof, including termination
and notice'.
( City Attorney Berg)
5. A Resolution to settle and satisfy liens for Code Violations for the property at 3/5
5461 S.W. 59th Avenue, South 'Miami, Florida authorizing the administration to
execute necessary.documents, therefor.
(City Attorney Berg)
ORDINANCES- 1 ST READING
6. An Ordinance amending Section 5 -1 of Article l of Chapter 5 ''Animal's and Fowl "" 3 ✓5
of the Code of Ordinances of the City of South Miami, Florida by adding Wild Fowl
and Wildlife as protected under sanctuary provisions; providing for severability
and an effective date.
(Mayor McCann)
REMARKS
none
You are hereby advised that if any person desires to `appeal any decision;
with respect to any matter considered at this meeting or hearing, such
--- --. -- ..:'1.7 _i_A A. L_ .t_ —mil �l ::.�.L.�:..�.�a..���I•���. 1�..
OFFICIAL AGENDA
CITY OF SOUTH MIAMI
6130 Sunset Drive
Next Resolution: 104 -
REGULAR CITY COMMISSION MEETING 90 -9130
Next Ordinance: 9 -90 -1449
AUGUST 21ST, 1990 Next Commission Meeting: 9/4/90
7:30 P.M.
A. INVOCATION
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA:LED BY SCOUTMASTER BATES
AND TROOP 362
C. ITEMS. FOR COMMISSION CONSIDERATION:
1. APPROVAL OF "MINUTES: JULY 31ST, 1990 - REGULAR CITY COMMISSION MEETING
a AUGUST 7TH,1990 REGULAR CITY COMMISSION MEETING
2 CITY MANAGER'S REPORT
3. CITY ATTORNEY'S REPORT
ORDINANCES - SECOND READING AND PUBLIC HEARING:
4. An Ordinance amending Section 5 -1 of Article I of Chapter 5, "Animals and Fowl
of the Code of Ordinances of the City of South Miami Florida, by adding Wild
Fowl and Wildlife as protected under sanctuary provisions; providing for
severability and an effective date. (Mayor'McCann) 3/5
5. An Ordinance amending subsection (15) "Satellite Antennae by adding microwave
antennas.and amending subsections (a) (b) thereunder and deleting subsection
(15) (c) of Section 20 -3.4, special use conditions of Chapter 20, Land Development
Code of the City of South Miami Code of Ordinances by specifying new terms and
conditions for, location, landscaping, diameter, height, setbacks, ground coverage,
color, number,�Oermitted, installation, maintenance and permit requirements;
ij
repea I i ngi alI ordinances or parts of ordinances in confIict'heretaith, providing
for severabili,ty and providing an effective date. (Mayor McCann) 3/5
6. An Ordinance amending Section 20 -3.3, permitted use schedule, of the Land
Develooment Code of the City of South Miami, be deleting subsection (c), definition
of uses; amending subsection (E), by deleting the standard - industrial classifications
S.I.C.) Column fr6m the permitted use chart and a:mendinq permitted uses in GR
!General Retail',) Drstrict; by eliminating "Auto Parking Structure" to be permitted
as a spec',al use in SR (Speciality Retail) and PI (Public /Institutional) Districts;
eliminating "C'linic" as a permitted use; permitting "Eating Place (Accessory)
only as a'soec al use in the LO (Low Intensity Office) and MO (Medium Intensity
Office) Districts; amending Subsection (A.), City Commission, (4) (e) procedures
or" Section 20 -6.1, administrative entities, providing for reconsideration of
public hearing requests; by adding subsection (D) withdrawl of a aetition,`to
Section 2b-5.61, applications in general, by deleting subsection (d) , application
,ithdrawl from,120 -5.7 from rezonings and text amendments; and amending subsection (h)
of subsection (3) powers and duties of subsection (6), Planning Board, of Section
20 -6.1; providing for severability; providing for all ordinances or parts of
ordinances in conflict herewith to be repealed and providing an effective date.
(Administration) 3/5
r
r
REGULAR CITY COMMISSION MEETING
AUGUST 21ST, 1990
PAGE 2
ORDINANCES- SECOND READING AND PUBLIC NEARING CON'T.
7. An Ordinance consolidating and reenacting all previous ordinances which
amend the "Code of the City of South Miami" by establishing regulations
for newsracks on public rights -of -way and in particular amending Chapter
13 for the purpose of adding provisions for "N:ewsracks on Public Rights-
of-way"; establishing special procedures certifying the installation,
maintenance and insuring of newsracks providing for the severability
of the provisions hereof; repealing all ordinances inconsistent herewith;
and providing an effective date. (Mayor McCann)
3. An Ordinance amending subsections (a) and (b) of Section 4, eating place,
of Section (B), special requirements, of Section 20 -3.4, special use
condi- tions, of the Land Development Code of the City of South Miami,
Florida. limiting and defining the requirements of eating places which
provide walk -up, drive -in or fast food facilities in GR (General Retail)
and I(Intensive) Districts; repealing all Ordinances or parts of ordinances
in conflict; providing severability and an effective date.
(.Mayor McCann) ?
RESOLUTIONS:
9. A Resolution approving renewal of agreement with Metropolitan Dade County 3;
for participation in the Community Action Agency's Meals for the elderly
program and authorizing the administration to execute necessary documents
therefor. (Administration)
10. A Resolution confirming Martin David Berg as City Attorney and confirming
terms and conditions of employment and providing for disbursements from
Account No. 1500 -3120 "Professional Services- Costs"
(Mayor McCann) 3i
ORDINANCES - FIRST READING:
li. An Ordinance consolidating by repealing and/or amending all previous 3%
ordinances which established fee schedules for building permits, plumbing
permits, mechanical permits, electrical permits, land use permits,
certificates for use or occupancy, public works /utilities , miscellaneous
permits and occupational licenses amending the Code of the City of South
Miami in accordance therewith; providing for severability of the provisions
hereof; repealing all ordinances inconsistent herewith and providing an
effective date. (Administration)
REMARKS
Dr. George Suarez, Miami Urologic Institute; 7051 S.W. 62nd Avenue,
South Miami, Florida, to request an extension of his temporary sign oermit
until the completion of his permanent sign which has received ERPB approval
You are hereby advised that if any person desires to appeal any decision
with> respect to any matter considered at this meeting or hearing, such
person will need to ensure that a verbatim record of the proceed ngs is
Made, which record includes the testimony and evidence upon which the
appeal sRbased