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1061 NE 91 Terr (11)■IAMLSHORES VILLAGE, FLA. N 8247 t 3 DRESS -1PECTION // E READY ARKS: :CTOR /-3 DATE �-- -mot ., �•+_ .�i ` F.y'r� 1 -� 5" � Mr. Samuel Michels 1070 N. E. 92nd Street Miami Shores, Florida 33181 1 gip? c"C111 1C'rC'..j '1 . E .ECO•D Avr NuE rn IAMI S 'ES FLORIDA 33138 (3051 7 58 - 8000 Sin Forney, Jr. LRF:v Village. Manager . cc: Mayor Lodge ittAAA- Pte_ 757 - 6rgq H LESLIE R. FORNEY. JR. VILLAGE MANAGER May 19, 1982 Dear Mr. Michels: This is in response to your letter'of May 16th concerning the accessory building located at 1061 N. E. 91st Terrace. Mr. LuBien, the Building Official, tells me that he has discussed this matter with you on two occasions at length and explained to you the legal status of the building and the conditions that would be necessary for us to take any action. I will repeat that information in the event there has been some misunderstanding. We have no indication that the structure in question has "recently" been converted to an apartment. The earliest records we have here in the Village go back to January 30, 1958 where the structure was listed as a guest house. From the construction we believe that it existed in that configuration much earlier than that date. Under those conditions it is grandfathered in as an accessory building with living accommodations. A permit was issued in 1981 to permit the refurbishing of the roof on the building. Under the provisions of Section 525 of Ordinance No. 270, if it could he established that the grandfathered non - conforming use of the structure in question, that is, use as a habitat, ceases for a period of six months or more, then there would be a basis for action by the Village to prevent a resumption of that use. Unfortunately there are no records available to the Village which would indicate the use or non use of that structure in the past. If you can provide us that information, or if you can secure it in the future then we may be able to take some action under the zoning ordinance. I am sorry that I cannot give you a more hopeful answer in this matter but, as Mr. LuBien has explained, under the present conditions as we know them, there is no basis for action. It 1 1000 'To whom It May Concern: This letter will certify that'I have known Jim and Phyllis Russell since early 1976 when they moved into the neighborhood 8.nd I have never known their guest cottage to be vacant for a period of six months at any one time. Three persons that come to mind lived there for over two and one half years between Dec. 1, 1978 and June 30, 1981. One of these persons was a mutual friend and the other two were co- workers of mine. Prior to tnis time there were other residents living there but I do not recall their names at this time, but 'I can remember the cotta being rented always. I can personally vouch for the integrity and nonesty of rir. Ors. Russell and I tnink their new neighbor since August 1981 is bringing an undue hardship to them. This is a true an unbiased document. cc; file cc: Berkell att. T\ CO 'Robert Abraham 1184 . 1a. E. 91 Terr. . Miami Shores, Fla.' Respectfully, ROM QUBLIC STATE OF FLORIDA AT LARGE tiff COMMISSION EAPIKy2 MAY d I964 BONDED THRU GErvCK.AL iw4 i kJ,..4..,.,... 1 STATE OF FLORIDA DEPARTMENT OF STATE Division of Archives, History ;,nd Records Management DS•HSP -3E 9.74 CONTINUATION SHEET Site No. Site Name 1061 NE 91st Terrace Miami Shores, FL Physical Description: Structure is a one -story home of Mediterranean Revival design on a site higher than street level. A 12 story entry tower at center of S facade has a hip roof and a large statuary niche, decorated, above the entry door. Canvas awnings over entry door and sliding glass doors to W. Sliding glass doors lead to a open terrace with wrought iron railing. Detached one -story garage in rear (N) of similar design and construction. MSHPB USE ONLY Windows, 1977, 1983 Reroof 1957, 1983 Sliding doors 1977 r ' T E 1,4 c • • 1 \ 1 Appoir •I ,E .f Mwwn. )140RE7 COL • CO +..TRY CLOP .P8087 ITT7 v6 •° ea 11 s °* • pie 9B"" Sr : 7 10 ill 010 3N� sr. 2 sow 5r 0 � a r Ca N E. 93 .O ST.V N E 9Z" / c" • E T .y� • TRACT 'q / 1MORES CENTER / • Y /!E ALC 1•1704• 417 /[A, •AOONO I•clenft5 5..1 Jai 107 -C �9M !I 411111111111111 m�ammt "IMF E. 111111111110 9 4 ^ 5 5T. """"'"":“'",...,'7. • N4. T12A,..r- 2 X00AMI' EMIRCIENI ammmo aoo ragas �mmmma�m999a N. E. 1 9 i (1 NIS MIME 91 11011110490111i 99 RSV A py stityik MOWN i mega it 1 1111 un 1 o n111111 o 1 a:11mE 0E 92' T r RR •ce eark v y 2 r Tr2 Ac T- I C N . 6'—'5 53 95 5 T. 1m19ommig ° -4 a it 0 �y T � •oauI r / • •a� ' N 4111111111111 r 2 9 SINN ICI m Alla 0 , IV N E 5 I. 5 , 0 53997 • (44. 96 r, • nom MIESSIV, o • m t[E, 07 5 111 a I aror< fitata SIONIFIEN • All MOM [5 • 3 • i z gin Mira Ninnleal- r., C 1_'• " 7 7 5 [[ II to r• // ./ • S T. AWN j NE 100'•• S T r 5 I7 9 'Y I Nc. 94 57. 979.. 5 7 O R ro_.n G A NA TRAC C 4 O L nn:_kssc.;r sus. (7 - 14/ .7 PC •. e M14/•I 5110P t5 vILLAGE IIMI �5 G� N. C 10 •- 5*. MOB 4 N0 :I®; ®E� ` 0011 ®®® �� , 5 • 5 = 7 • f I• IO I ) I CC r 75 � ' •' N.J. E 17 Kc loz Sr.. - - ©�� "kW i' Alb rk d400 I•i 1 O 1 •r 5 T- v ° ©` " • 1" _ Aigunimagil Koilsvis • s it A . 7 (0 c / A G C 1 111•••■■ ,i•- "• . — • a rem* (B•a) - S /D!/ AZ rt Tie MEMO TO: __/0,.1E° r /f� 7 DATE: ��AZ e l��f Je /1eff 2 / 7 , MIAMI SHORES VILLAGE PAN AMERICAN EXTERMINATING COMPANY, INC. 275 S. W. 6th Street • Miami, Florida 33130 Dade: 854-5110 • Broward: 584 -4337 FUMIGATION NOTIFICATION Date and approximate time of release 1/116r'; "^ Location of structure 1061 N. U. 91 `ao'orr Owner's name and address Type of structure �o:;-- Approximate number Cubic Feet 2O,f1nf P: 8 ? nth ^t Name and quantity of Fumigant Mane 14 Pounds Nylon Tent Length of fumigation period 10-20 hours Distance of nearest building 10 ft. Certified (or special I.D.) Fumigator in charge: Name �� =��y CeL Telephones 054-5110 949 -6646 Day Night Fumigation shall be performed in strict adherence to the Fumigant's registered label and Florida State Board of Health Rules 11701 -2. Notification to be received not later than the day prior to release of the Fumigant by 0 County Health Department 0 Fire Department 0 Other PAN AMERICAN EXTERMINATING COMPANY, INC. 275 S. W. 6th Street • Miami, Florida 33130 Dade: 854 -5110 Broward: 584 -4337 FUMIGATION NOTIFICATION Date and approximate time of release 1/14/75 l:%:.13 p.614 Location of structure 1061 x ® .n* 91 'r`�+e'r Owner's name and address Type of structure Approximate number Cubic Feet pmln & 0• F 2C OS Name and quantity of Fumigant Length of fumigation period ' .20 hours Distance of nearest building 10 A,t0 Certified (or special I.D.) Fumigator in charge: Name u' f Ufy 14 Pound € LG o Telephones Day Fumigation shall be performed in strict adherence to the Fumigant's registered label and Florida State Board of Health Rules 1701 -2. Notification to be received not later than the day prior to release of the Fumigant by County Health Department 0 Fire Department E Other Night THIS LICENSE MUST BE DISPLAYED IN A CONSP,L,uc,•sc PLACE A PENALTY IS IMPOSED FOR FAILURE TO KEEP THIS LICENSE EXHIBITED AT YOUR PLACE OF euzuvESS Village PHYLL I S W R _ I.CELL NUMBER THIS LICENSE EXPIRES: SEP TEMBER 30 X 411 2001 In consideration of the sum of F: f> T r & 50/100 Paid to Miami Shores Village, Dade County, State of Florida, 01061 -1- 091 -02 —T License Dollars (S 4 0 is hereby licensed to engage in or operate the business of RENTAL. PROPERTY MIAMI SHORES VILI4 E, FLORIDA Date Issued: - 1 l : C t C By ,6?-1- :(L (L4 ; 17 - '22 . THIS LICENSE NOT TRANSFERABLE WITHOUT THE APPROVAL OF THE VILLAGE MANAGER. k LICENSE Ml �ST BE DISSianztVil A CONSPICUOus " A P E t 1 A I . 1 4 1 S 1TApOSED FOR FAILURE TO TCEEP LICENSE EXHIRJTF c , D vJUR PLACE OF BUSINESS Village 01061 -1- 091 -02 -T License NUMBER 011037 THIS LICENSE EXPIRES: SEPTEMBER :0 • 2000 _ ID CC nsid ,eratinn- ot_the-sum- of- -TMIRTY S I ON; St •/ Iars ($____21LJULL Paid to Miami Shores Village, Dade Cbunty, State of Florida, PHYLLIS W RUSSELL is hereby licensed to engage in or operate the business of RENTAL PROPERTY MIAMI SHORES VILLAGE Date Issued: bef ( Q By THIS LICENSE NOT TRANSFERABLE WITHOUT THE APPROVAL OF THE VILLAGF "* A - BUILDING ELECTRICAL PLUMBING ROOFING Owner of Building � �' Architect Contractor or Builder MIAMI SHORES VILLAGE, FLORIDA ❑ DATE 19 -- o PERMIT N? 4902 Contractor's License No. El ❑Q Work to be performed under this Permit__ Legal Lot Description CONTRACTOR OR BUILDER B1 Subdi- vision Address of Value of 11 Amount of <2 Building ,,, , 1'1 r - w Project $ 11 Permit $ This permit is granted to the contractor or builder named above to construct the building or to install the equipment or device described in the applica- tion herefor in strict compliance with all ordinances pertaining thereto and with the understanding that the work will be performed in compliance with any plans, drawings, statements or specifications that may have been submitted to and approved by the proper municipal authorities. This Permit may be revoked at any time if the work is not done in compliance with such ordinances or if the plans are changed without authorization. A further condition upon which this permit is granted is the understanding that the contractor or builder named above assumes the responsibility for a thorough knowledge of the ordinances and regulations pertaining to the work covered hereby whether shown on the plans or drawings or in the statements or specifications and that he assumes respon- sibility for work done by his agents, servants or employees. Signed _ INSPECTOR In consideration of the issuance to me of this permit I agree to perform the work covered hereunder in compliance with all ordinances and regulations pertaining thereto and in strict conformity with the plans, drawings, statements or specifications submitted to the proper authorities of Miami Shores Village. In as cepting this permit I assume responsibility for all work done by either, myself, my agent, servant or employee. BY AUTHORITY Ali T *33 * BUILDING ELECTRICAL PLUMBING ROOFING Ovmer of Build Architect :;on tractor or Builder Legal Lot Description I Bl. Address of Building CONTRACTOR OR BUILDER MIAMI SHORES VILLAGE. FLORIDA PERMIT N? 6168 Work to be performed wider this Permi Subdi- vision Value of Project $ DATE Contractor's License No. 195 Amount of Permit $ This permit is granted to the contractor or builder named above to construct the building or to install the equipment or device described in the application he:•e =or in strict compliance with all ordinances pertaining thereto and with the understanding that the work will be performed in compliance with any plans 3rawings, statements or specifications that may have been submitted to and approved by the proper municipal authorities. This Permit may bo revoked at any lime if the work is not done in compliance with such ordinances or if the plans are changed without authorization. A further condition upon which this permit is granted is the understanding that the contractor or builder named above assumes the responsibility for a thorough knowledge of the ordinances and regulations pertaining to the work covered hereby whether shown on the plans or drawings or in the statements or specifications and that he assumes responsibility for work -one by his agents, servants or employees. Signed. INSPECTOR In consideration of the issuance to me of this permit I agree to perform the work covered hereunder in compliance with all ordinances and regulations 'ertaining thereto and in strict conformity with the plans, drawings, statements or specifications submitted to the proper authorities of Miami Shores Village. In ac• opting this permit I assume responsibility for all work done by either, myself, my agent, servant or employee. BY AUTHORITY STATE OF FLORIDA DEPARTMENT OF STATE FLORIDA MASTER SITE FILE Division of Archives, History Site Inventory Form FDAHRM 802= = and Records Management DS- HSP.3AAA Rev. 349 1009 = = Site No Site Name 830= = Survey Date BSn6 820 = = Address of Site: 1061 NE 91st Terrace, Miami Shores, ,FL 905= = Instruction for locating on N side of NE 91st Terrace between NE 10th Avenue and N. Bayshore Drive 813= = Location Watersedge 1 8 868= = subdivision name block no, lot no. County Dad 808= = Owner of Site: Name: Russell, James Address: 1061 NE 91st Terrace Miami Shores FT. 902= = • Type of Ownershipprivate - 848= = Recording Date 832= = Recorder: Name & Title: Stof Marty Address: MSHPB Structure shows the application of the Mediterranean Revival style to a small, one -story structure. The home was built in a neighborhood that was developed before it became part of Miami Shores. The site is higher than street level. Noteworthy features include a 11/2 story entry tower (S facade) with large statuary niche above door. The home is in scale and character with the neighborhood. Condition of Site: Integrity of Site: Original UsEprivate residence 838= = • Check One Check One or More 850 = = ❑ Excellent 863= = l Altered 858= = Present Useprivate residence Dates: Beginning +1975 844 = = lR Good 863= = ❑ Unaltered 858= = Culture /Phase American 840= = ❑ Fair 863= = E Original Site 858= = Period 20th Century 845 = = ❑ Deteriorated 863= = ❑ Restored( ) (Date: )( ) 858 = = ❑ Moved( ) (Date: )( ) 858 = = NR Classification Category: Building 916.= = Threats to Site: None . Check One or More El Zoning( )( )( )878= = ❑ Transportation( )( )( )878= = ❑ Development( )( )( )878= = ❑ Fill( )( )( )878= = ❑ Deterioration( )( )( )878= = ❑ Dredge( )( )( )878= = ❑ Borrowing( )( )( )878= = ❑ Other (See Remarks Below): 878 = = Areas of Significance Architecture 1 910= = Significance: 911 = = 818= = / 7 d 7 S / 3 4 S 6 7 0 ©1O // /Z /.? Al /S . 6 Q ...P.n +u:[,,4 Q . L , I...t a ` I • � I = 3 = zo +iu +iz0+r 1 t +n Township Range Section 812 = _ 53S 42E 6 • • ARCHITECT -- 872= = BUILDER 874= _ STYLE AND /OR PERIOD Mediterranean Revival 964 = = PLAN TYPE irregular /irregular 966 = = EXTERIOR FABRIC(S) textured stucco 854 = = STRUCTURAL SYSTEM(S) concrete block 856= = PORCHES none FOUNDATION: concrete block ROOF TYPE: gable SECONDARY ROOFSTRUCTURE(S)S: entry tower, hip, flat tile 942 = CHIMNEY LOCATION: N, end, ext. 942= _ WINDOW TYPE: aluminum awning and sliding glass doors 942 = = CHIMNEY: CBS ROOF SURFACING: flat tile ORNAMENT EXTERIOR: masonry NO. OF CHIMNEYS One 952 = = NO. OF STORIES One NO. OF DORMERS None Map Reference (incl. scale & date) Miami. Shores Village Plat 1980 Latitude and Longitude: Site Size (Approx. Acreage of Property): LT1 LOCATION SKETCH OR MAP N Contact Print Nt /ob/ N.t. 9 /Jr TER e, 2"°. 0 one A A UTM Coordinates: — EaiTing — FrOrlFing 942 = = 942 = = 942 = = 882 = = 882 = = 882 = = 950 = = 954 = = 809 = = 800 = = 833 = = 890 = = Photographic Records Numbers 85N103HG17/85N103HG18 860 = = LAW OFFICES GERALD S. BERKELL, P.A. CAPITAL BANK BUILDING 116 NORTHWEST 167th STREET FOURTH FLOOR NORTH MIAMI BEACH, FLORIDA 33169 Mr. James Russell 1061 N.E. 91st Terrace Miami Shores, Fla. 33138 FOR LEGAL SERVICES RENDERED WITH REFERENCE TO: Representation in connection with notice of violation action from Miami Shores Village Building and Zoning Department Retainer FILE NO. TELEPHONE (305) 945 -7561 DATE: October 1, 1982 $ 250.00 $ $ 250.00 LAW OFFICES GERALD S. BERKELL, P.A. CAPITAL BANK BUILDING 195 NORTHWEST 167th STREET FOURTH FLOOR NORTH MIAMI BEACH, FLORIDA 33169 Mr. James Russell 1061 N.E. 91st Terrace Miami Shores, Fla. 33138 FOR LEGAL SERVICES RENDERED WITH REFERENCE TO: Violation action from Miami Shores Village DATE: Nov 1, 1982 FILE NO. TELEPHONE (305) 945 -7561 $ 250.00 $ $ 250.00 Gerald S. BerkeII Alan R. Stone Steve Sprechman Mr. Leslie Forney, Jr. Village Manager Miami Shores Village 10050 N.E. 2nd Avenue Miami Shores, Fla. 33138 Dear Mr. Forney: Pursuant to our recent meeting in your office concerning the above - referenced matter, and pursuant to your request, I am enclosing herewith copies of receipts for rental payments covering the time period from September, 1978, up to and in- cluding October, 1981. When I was in your office, I did not have the receipts for the time period from December, 1978 to September, 1979, which I am now enclosing, along with the other receipts. Pursuant to your request, I have also enclosed an- Affidavit from James Russell, the owner of the subject premises, wherein he states that the cottage located on the property had been rented prior to the time he bought his residence, and has been continuously rented since the time he bought his residence in 1976, and there has never been any one continuous vacancy for a period of six (6) months. Hopefully, you can now close your file on this matter. If there is any other information that you will need, or if any further problems arise in connection with this matter, please contact me. Unless I hear from you otherwise, I will assume that this matter is now concluded. Thank you very much for your cooperation. Very truly yours, GERALD S. BERKELL, P.A. ARS:me cc: Mr. James Russell Law Offices Gerald S. Berkell, P.A. Capital Bank Building 115 northwest 1611h Street Fourth Floor north Miami Beach, Florida 33169 Re: Notice of Violation - James Russell 1061 N.E. 91st Terrace, Miami Shores ALAN R. STONE (305) 653 -5400 Oct. 12, 1982 Gerald S. Berkell Alan R. Stone Steue Sprechman Mr. and Mrs. James Russell 1061 N.E. 91st Terrace Miami Shores, Fla. 33138 Dear Mr. and Mrs. Russell: Law Offices Gerald S. Gerkell, P.A. Capital Bank Building 115 northwest 167th Street Fourth Floor north Miami Beach, Florida 33169 Re: Notice of Violation - Miami Shores Village I am enclosing herewith a copy of a letter we are sending to Mr. Leslie Forney, Jr., the City Manager for Miami Shores, enclosing the documents you brought to our office. Mr. Forneyhas been very cooperative with us and I do not anticipate that any further action will be taken on this matter. He has assured me that once he is provided'with these documents, this matter will, in all probability, be dropped. (305) 653 -5400 Oct. 12, 1982 I can fully appreciate your feelings concerning Mr. Michels and Miami Shores Village, since you have been caused undue hardship and out -of- pocket expenses in connection with this matter. However, I do not feel it would be worth pursuing this matter any further to obtain compensation from Mr. Michels and /or Miami Shores Village, since it would be very costly to you to pursue this matter with no guarantees of any success once the matter is resolved through litigation. The rules and regulations of the City are sometimes subject to several interpretations, depending on who is interpreting. In this case, Mr. Michels apparently did not interpret the rules and regulations properly, and for that reason, filed a complaint which had no merit. Nevertheless, the City was obligated to follow up this complaint until it determined.. in its own mind, with whatever supporting evidence it was pro- vided with, that the complaint did, in fact, have no merit. As I previously indicated, Mr. Fornay has been very cooperative with us and has indicated to me that it is highly unlikely that this matter will be pursued any further by the City. Mr. Sam Michaels 1070 N. E. 97th Street Miami Shores, Florida 33138 Dear Mr.Michaels: LRF:v cc: Village Attorney Code Enforcement Officer Alan R. Stone, Esq. 10050 N. E. SECOND AVENUE MIAMI SHORES, FLORIDA 33138 (305) 758 - 8000 Sin L. R. Forney, Jr. Village Manager LESLIE R. FORNEY, JR. VILLAGE MANAGER October 25th 1982 This is in further response to your complaint concerning an allegedly unauthorized rental cottage at 1061 N. E. 91st Terrace. Based on the three statements which you provided the owner of the property was cited on September 21, 1982 for violation of the Zoning Ordinance. He has responded to that Citation with three statements of his own asserting that the cottage in question never had a period of six months or more vacancy since he purchased the property in 1976. He has also provided copies of rent receipts showing almost continuous occupancy since 1978. Thus the Village is faced with two completely opposite stories and no way to distinguish between the two. Under these cir- cumstances the Village must accept statements of the property owner who has actually resided on the property and should know better than anyone else what has actually taken place. Therefore, unless you can provide further evidence that the cottage at 1061 N. E. 91st Terrace has remained vacant for a period of six months or more we ill take no further action in this matter. • Gerald S. BerkeII Alan R. Stone Steve Sprechman Mr. James Russell 1061 N.E. 91st Terrace Miami, Fla. 33138 Dear Mr. Russell: ARS:me Encl. Law Offices Gerald S. Berkell, P.A. Capital Bank Building 115 northwest 167th Street Fourth Floor north Miami Beach, Florida 33169 Re: Miami Shores Zoning Violation I am enclosing herewith a copy of a letter I received from Miami Shores Village concerning the above - referenced matter. According to the Village Manager, no further action will be taken and, therefore, this matter should now be concluded. If you have any questions, please do not hesitate to con- tact me. Very truly yours, GERALD S. BERKELL, P.A. (305) 653.5400 Oct. 28, 1982 It is my opinion that at this point we should not proceed to file a lawsuit against Mr. Michels and /or Miami Shores Village since Miami Shores Village has acted favorably towards us, and any liti- gation in connection with this matter would be very costly and drag on indefinitely, without any guarantees of success. If you would like to discuss this matter any further, please do not hesitate to contact me. ARS:me Encl. - page two - Very truly yours, GERALD S. BERKELL, P.A. nobert Abraham 1164 h. E. 91 Terr. Miami Shores, Fl To Whom It May Concern: This letter will certify that 1 have ,mown Jim and Phyllis Russell since early 1970 when they moved into the neighborhood and I have never known their guest cottage to be vacant for a period of six months at any one time. Three persons that cone Lo mind lived there for over two and one half years between Dec. 1, 1970 and June 30, 1981. One of these persons was a m friend and the other two were co- workers of sane. Prior to this time there were other residents living tnere but I do not recall tnerr names at this time, but I can remember the cottage being rented always. I can personally vo.4ch for the integrity and honesty of mr. Mrs. Russell and 1 think their new neighbor since August 1981 is bringing an undue hardship to them. This is a true an unbiased docuu.ent. ` cc; file cc: Berkell att. Respectfully, Mr. James Russell 1061 N.E. 91 Terr. Miami Shores, Fla. Larry Trotter 9064 B.E. 10 Ct. Miami, Florida Dear Jim; I am enclosing the information you requested and I hope it will be helpful to you. I know the difficulties and mental stress you must be having. The way you explained things to me I can't understand why the burden of proof should fall upon you , bat rather they should prove be- yond a shadow of doubt, and -out of state witnesses just don't seem very reliable to me. There must be some other reason than the one so stated for Lhis man wanting you to ----- vacate your rental cottage.( Mr. Michels ) Seems to me treat the man should have came around and asked what you used the cottage for at the time r.e purchased his douse rather than relying on the saying of someone else as to wAht you do with it. Justly speaking, Mr. Michels being new to the area, since August of 1981, how would he come by the village's laws dealing with non- confor...ing structures Grand Fathered into the charted ? Also the whole thing doesn't seem very profesional and rather silly. Good luck. encl. Larry Trotter TO WHOM IT MAY CONCERN Larry Trotter 9064 N.E. 10 Ct. Miami, r'lorida. I have known Mr. Mrs. Russell since 1976 when they moved into the neighborhood and we made friends. I visit with Jim frequently and by personal obversation have never known of his rental cottage to remain vacant for any one continuous period of six months. Tne most that the ::ottage stayed empty is just a few weeds at a time for clean -ap and painting. The last time the cottage was vacant was in the simmer of 1961 when Phil Zenderland vacated. At this time there was some water damage and Jim had to keep it vacant for a couple of months until he cnold get it ready for rental again. This is a true statement. Larry Trotter Mr. James Russell 1061 IN.E. 91 Terr. Miami Shores, Fla. Dear Jim; I am enclosing the information you requested and I hope it will be helpful to you. I know the difficulties and mental stress you mast be having. The way you explained things to me I can't understand why the burden of proof should fall upon you , bat rather they should prove be- yond a shadow of doubt, and out of state witnesses dust don't seem very reliable to me. There mast be some other reason than the one so stated for this man wanting you to vacate your rental cottage.( Mr. Micnels ) Seems to me that the man should have came around and asked what you used the cottage for at the time ne purchased his noise rather than relyin on the saying of someone else as to what you do with it. Justly speaking, Mr. Michels being new to the area, since August of 1981, how would ne come by tree village's laws dealing with non- confor,..ing structures Grand Fathered into the charter ? Also the whole tning doesn't seem very profesional and rather silly. Good luck. encl. Larry Trotter 7 i Larry Trotter 9064 iu.F,. 10 Ct. Miami, Florida Martha Young 1077 N. E. 91 Terr. Miami Shores, Fla. To whom it may comcern: I have known Mr. Mrs. Russell since early 1976 and have never known of their rental cottage to be empty for any one continuous period of six months. This cottage has always been rented and the tenants now occupying tree cottage never cause any disturbances and are nice quiet people. cc file cc Berkell Martha young Martha Young 1077 N. E. 91 Terr. Miami Shores, Fla. To whom it may comcern: I have known Mr. Mrs. Russell since early 1976 and have never known of their rental cottage to be empty for any one continuous period of six months. This cottage has always been rented and tne tenants now occupying the cottage never cause any disturbances and are nice quiet people. cc file cc Berkell Martha Young Sam Michels 1070 NE 92 Street Miami Shores, Fl. 33138 Dear Mr. Michels, Hillary Graver Code Enforcement Officer avrci SIzorei Vi��ac�e 10050 N.E. SECOND AVENUE MIAMI SHORES. FLORIDA 33138-2382 TELEPHONE (305) 795-2207 FAX (305) 756-8972 In response to your request, we have visited the property to review the location of the structures in relation to your property line. At that time, your wife also requested that we look into the use of the rear structure as a rental or a guest house. We have researched our records and have found a letter previously sent to you advising that the structure in question is indeed a guest quarter with living accommodations. I enclosed a copy of the original letter sent to you by our then Village Manager, L.R. Fomey, Jr. In reference to the shed, we do not have anything in our records depicting that this structure does indeed encroach onto your property. If we had a complaint about our property, we would have to do the same research. We can, however, write the property a violation notice for unauthorized construction/or alteration/work without a permit. 03/16/01 F.Y.I., and consideration, as a precaution to the community, you should remove the electrical wiring, stapled to the trees in the front of the house as it is hazardous. I regret that the situation with your neighbors is not one we can resolve at this time, but we will follow -up with the shed complaint. Mr. Samuel Michels 1070 N. E. 92nd Street Miami Shores, Florida 33181 Dear Mr. Michels: LRF:v cc: Mayor Lodge 1111111 lC'r x0050 ri 1 ECOrID "VENUE MIAMI SH( • ES. FLORIDA 33138 (3051 /58 - 8000 Sin . Forney, Jr. Village Manager LESLIE R. FORNEY, JR. VILLAGE MANAGER May 19, 1982 This is in response to your letter May 16th concerning the accessory building located at 1061 N. E. 91st Terrace. Mr. LuBien, the Building Official, tells me that he has discussed this matter with you on two occasions at length and explained to you the legal status of the building and the conditions that would be necessary for us to take any action. I will repeat that information in the event there has been some misunderstanding. We have no indication that the structure in question has "recently" been converted to an apartment. The earliest records we have here in the Village go back to January 30, 1958 where the structure was listed as a guest house. From the construction we believe that it existed in that configuration much earlier than that date. Under those conditions it is grandfathered in as an accessory building with living accommodations. A permit was issued in 1981 to permit the refurbishing of the roof on the building. Under the provisions of Section 525 of Ordinance No. 270, if it could he established that the grandfathered non - conforming use of the structure in question, that is, use as a habitat, ceases for a period of six months or more, then there would be a basis for action by the Village to prevent a resumption of that use. Unfortunately there are no records available to the Village which would indicate the use or non use of that structure in the past. If you can provide us that information, or if you can secure it in the future then we may be able to take some action under the zoning ordinance. I am sorry that I cannot give you a more hopeful answer in this matter but, as Mr. LuBien has explained, under the present conditions as we know them, there is no basis for action. P 7 53'q 9 11 $ l ®o® - 0 5'- 6" • 2.o•- to" 17c 10" r ' IC- B" o °l 1 13 - r E R R, d 3 • i NE� a. i -k - r .. C 1lecJ`:E 1�' o" 11 =S l - 'Sa , MARVEL c FcpD / / r7, C , I4 I( t7 `'X ..7r4.c .�' /1 ' slrA /r /,f r • g. 3 6,. -der /7 7 fl y � 7 / 1. 7 72 2 ... = 6 f o 17 7,6 +- 7;; 5 " = A.,j 3 7. 5 " X 1 f - 5" — - x2 , / . • . !let -- l Cil11.( C.J C 1 0050 c . .ECONO AvFI4UE MIAMI SHC' %'ES. FLORIDA 331.38 (305) 7 58 - 8000 Sin LESLIE R. FORNEY. JR. VILLAGH MANAGER May 19, 1982 Mr. Samuel Michels 1070 N. E. 92nd Street Miami Shores, Florida 33181 Dear Mr. Michels: This is in response to your letter'of May 16th concerning the accessory building located at 1061 N. E. 91st Terrace. Mr. LuBien, the Building Official, tells me that he has discussed this matter with you on two occasions at length and explained to you the legal status of the building and the conditions that would be necessary for us to take any action. I will repeat that information in the event there has been some misunderstanding. We have no indication that the structure in question has "recently" been converted to an apartment. The earliest records we have here in the Village go back to January 30, 1958 where the structure was listed as a guest house. From the construction we believe that it existed in that configuration much earlier than that date. Under those conditions it is grandfathered in as an accessory building with living accommodations. A permit was issued in 1981 to permit the refurbishing of the roof on the building. Under the provisions of Section 525 of Ordinance No. 270, if it could be established that the grandfathered non - conforming use of the structure in question, that is, use as a habitat, ceases for a period of six months or more, then there would be a basis for action by the Village to prevent a resumption of that use. Unfortunately there are no records available to the Village which would indicate the use or non use of that structure in the past. If you can provide us that information, or if you can secure it in the future then we may be able to take some action under the zoning ordinance. I am sorry that I cannot give you a more hopeful answer in this matter but, as Mr. LuBien has explained, under the present conditions as we know them, there is no basis for action. . Forney, Jr. LRF:v Village. Manager cc: Mayor Lodge st ,„4.1., Pte. 7 .5-7 _ 5-5-11 N f I I Too° - • • Dear Mr. Michels, Sam Michels 1070 NE 92 Street Miami Shores, F1.33138 Hillary Graver Code Enforcement Officer s� iarni ore c ache 10050 N.E. SECOND AVENUE MIAMI SHORES. FLORIDA 33138.2382 TELEPHONE (305) 795 -2207 FAX (305) 756 -8972 03/16/01 In response to your request, we have visited the property to review the location of the structures in relation to your property line. At that time, your wife also requested that we look into the use of the rear structure as a rental or a guest house. We have researched our records and have found a letter previously sent to you advising that the structure in question is indeed a guest quarter with living accommodations. I enclosed a copy of the original letter sent to you by our then Village Manager, L.R. Forney, Jr. In reference to the shed, we do not have anything in our records depicting that this structure does indeed encroach onto your property. If we had a complaint about our property, we would have to do the same research. We can, however, write the property a violation notice for unauthorized construction /or alteration/work without a permit. F.Y.I., and consideration, as a precaution to the community, you should remove the electrical wiring, stapled to the trees in the front of the house as it is hazardous. I regret that the situation with your neighbors is not one we can resolve at this time, but we will follow -up with the shed complaint. To Whom It May Concern - -. I James8Russell bought my present residence in Feb. of 1976 with the understanding that the property had, and still does, a rental cottage located at the rear. This cottage, upon disclosure from Mr. Bradford, then code enforcement and and building inspector for Miami Shores Village, was a legal rental under the Grand- father clause, being annexed into the village in 1962. Upon these guidelines I have rented and maintained this rental cottage continuously since. There never has been any one continuous vancancy for a period of six months. I sincerely hope that this document, as well as the others I have been required to submit, will be taken justly, and this matter will be closed. The charges brought unjustly, have caused an undue strain, physically and financially, upon myself, my family, and my tenants in residence. cc: file cc: Berell I remain, James Russell Owner Ites. 1061 N E. 91 Terr. Miami Shores, Fla. James Russell 1061 N.E. 91 Terr. Miami 33138 Fla.