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712 NE 95 St (12)TO: 6 FROM: Avocet BUILDING DEPARTMENT 0050 N.E. SECOND AVENUE MIAMI SHORES, FLORIDA 33138 - 2382 TELEPHONE: (305) 795 - 2204 FAX: (305) 756 - 8972 FAX TRANSMITTAL BLDG DEPT SEP 2 2 2005 DATE: FAX: 305 /68s -455o Co: ++z) FAX: (305)756 -8972 . 1,teni/s NUMBER OF PAGES INCLUDING COVER MESSAGE: 7 i•crm TZ47 fire creel soil" be re-Hew ate/ Cut\ f f two\ 1�Y Ko* To dos Tli tut THANK YOU Miami Shores Village Hall Miami Shores Village 10050 NE 2nd Avenue Miami Shores, FL 33138 Parcel Record Legal Description: Directions to Parcel: Owners: Name: JOHN YAO Address: 712 NE 95 ST MIAMI SHORES, FL 33138 -2515 Phone Numbers: Day: Evening: Fax: Internet: Website: Email: Name: LIANNE YAO Address: 712 NE 95 ST MIAMI SHORES, FL 33138 -2515 Phone Numbers: Day: Evening: Purchase Date: Purchase Price: Sale Date: Current Owner? El Status: Purchase Date: Purchase Price: Sale Date: Current Owner? Status: Fax: Cellular: Pagel of 2 Printed: 9/22/2005 Parcel #: 1132060141920 Taxation #: 1132060141920 Address: Zoning: 712 95 ST NE Addition: MIAMI SHORES SEC 2 Area: 1290000 SQ FT GIS X Coordinate: Block: GIS Y Coordinate: Lot(s): Section: Status: Township: On Hold? ❑ Range: 5 -6 53 42 MIAMI SHORES SEC 3 PB 10 -37 LOT 10 & 11 BLK 67 LOT SIZE 100.000 X 129 OR 19630 -0501 04 2001 4 TED KRETZSCHMAR &W BARBARA BARBARA KRETZSCHMAR OR 11112 -672 0581 4 JOHN YAO &W LIANNE KRETZSCHMAR Cellular: Website: Email: Permits: BP2002 -927 BP2004 -488 BP2004 -707 EL2004 -144 BP2004 -982 BP2004 -1599 BP2005 -81 PL2005 -52 BP2005 -956 EL2005 -283 MC2005 -119 Applicant JOHN YAO JOHN YAO JOHN YAO JOHN YAO JOHN YAO JOHN YAO JOHN YAO JOHN YAO JOHN YAO JOHN YAO JOHN YAO Status CLOSED EXPIRED CLOSED CLOSED EXPIRED EXPIRED EXPIRED CLOSED APPROVED APPROVED APPROVED Filing Date 5/14/2002 4/9/2004 5/24/2004 5/24/2004 7/19/2004 12/7/2004 1/19/2005 2/7/2005 6/28/2005 8/11/2005 8/17/2005 Air TO: Mr. Ackley FROM: Frank LuBien liami cShores9illage F L O R I D A August 24, 1981 Re: Letter from Allen L. Jacobi,Re: Carport Enclosure 712 N.E. 95 St. In all cases of a violation, I try to be sympathetic and help- ful to the violator in order to obtain compliance without further problems. In Mr. Prendergast's case, I had numerous conferences with him and his attorney and did my best to assist them. Mr. Jacobi attributes certain statements to me, which are not true. I did state that wood construction complies with the South Florida Building Code, and that certain applications are attractive. I never stated that I felt the ordinance was too restrictive. As a contractor with over 30 years experience, I personally feel that masonry is far superior to frame construction in South Florida. I never have, nor do I now advocate, any modification to our requirement of masonry construction. ALLEN L JACOBI BENJAMIN R. JACOBI RICHARD N. CLARVIT August 20, 1981 City Counsel Miami Shores Village .10050 N.E. 2nd Avenue - "Miami, Florida Dear Counsel Members, JIAMCCI[3118c JIAMICOIL I1 ATTORNEYS AT LAW RE: Appeal of Planning Board Decision of 8/13/81 _ The appellants contend that this Ordinance is unduly restict'ive and therefore unconstitutional. (See G.M. Davis v. Sails, 318 So.2d 24, (1975). Wood is now regularly used in building construction as it is safe and structurally strong. It is highly recommended by builders and aesthetically rich. Many advances have been made since the drafting of Miami Shores Ordinance in the use .and construction properties of wood. It is argued that the present ordinance requiring masonry is outdated and contrary to Counsels intent of legislating a building ordinance that achieves maximum aesthetics, without sacrificing safety. r .. ' ,... I., . • 1.. On behalf of our clients /appellants, John and Barbara Prendergast, we kindly request a hearing at the next regularly scheduled counsel meeting in regards to the decision reached by the Planning Board on Thursday, August 13, 1981, denying our clients a variance. This variance sought approval of the use of an attractive fireproof wood fram construction in building an addition to their house located at 712 N.E. 95th Street, Miami, Florida. The Board felt compelled to deny the variance as they felt they were bound by the exact language of Section 225, Article II, Miami Shores Village Ordinance 270 which in essence allows the use of masonry frame construction only. AUG .y 4. 1313 N i'E;:',)2pa!ST EEC �: -�`� v:• NORTH MIAMI. FLORIDA 33161 kfA •A \/" D (305) 893 -4135 ° BR W RD (305) 921 -4026 C AP' Qik aa" It is noted that at the Planning Board Meeting, the Board itself, recommended that a workshop should be conducted as to the above issues. The Board also heard at this meeting, Larry Camp who testified that he lives by the Appellants, found the wood frame addition extremely attractive, and had no objection to its presence as it enhanced the community. Finally, Mr. Frank Lubien, the building inspector, has stated to the Appellants that he believes the ordinance is too restrictive and that the use of wood being strong and attractive should be allowed in the city. Only he is bound by the Ordinance. Therefore, the Appellants request that this Honorable Counsel reverse the Planning Boards disapproval of a variance, redraft the ordinance to allow wood construction, and enjoin any enforcement of violations issued the Appellants, pending the conclusion of an investigation by the Counsel of the rational basis for denying wood construction in light of building pro- fessionals, present day respect and approval of its use. Very truly yours, JACOBI & JACOBI BY: ALJ:dn ALLEN L JACOBI, ESQUIRE Mr. John Prendergast 712 N. E. 95th Street Miami Shores, Florida 33138 Dear Mr. Prendergast: The Village Council in their regular meeting of September 1, 1981, honored your request to withdraw your appeal of the Planning Board decision of August 13, 1918. Your appeal is being rescheduled for September 15th. Please make arrangements to attend this meeting. osa:v yltL u6LLl/ c /Itot(i'� ,GllaC L' U 10050 N. E. SECOND AVENUE MIAMI SHORES, FLORIDA 33138 (305) 758 - 8000 Verb truly yp rs amAekley -, Village Manage 0. SAM ACKLEY VILLAGE MANAGER September 2, 1981 J ALLEN L JACOBI BENJAMIN R. JACOBI RICHARD N. CLARVIT August 20, 1981 City Counsel Miami Shores Village . 10050 N.E. 2nd Avenue "Miami, Florida Dear Counsel Members, JL % CCI1311 Ac JIACCI[311 MG 1 ATTORNEYS AT LAW • . ;s 1313 N1 NORTH MIAMI. FLORIDA 33161 (305) 593 -4135 BR W RD (305) 921 -4026 RE: Appeal of Planning Board Decision of 8/13/81 On behalf of our clients /appellants, John and Barbara Prendergast, we kindly request a hearing at the next regularly scheduled counsel meeting in regards to the decision reached by the Planning Board on Thursday, August 13, 1981, denying our clients a variance. This variance sought approval of the use of an attractive fireproof wood fram construction in building an addition to their house located at 712 N.E. 95th Street, Miami, Florida. The Board felt compelled to deny the variance as they felt they were bound by the exact language of Section 225, Article II, Miami Shores Village Ordinance 270 which in essence allows the use of masonry frame construction only. The appellants contend that this Ordinance is unduly restictive and therefore unconstitutional. (See G.M. Davis v. Sails, 318 So.2d 24, (1975). Wood is now regularly used in building construction as it is safe and structurally strong. It is highly recommended by builders and aesthetically rich. Many advances have been made since the drafting of Miami Shores Ordinance in the use and construction properties of wood. It is argued that the present ordinance requiring masonry is outdated and contrary to Counsels intent of legislating a building ordinance that achieves maximum aesthetics, without sacrificing safety. It is noted that at the Planning Board Meeting, the Board itself, recommended that a workshop should be conducted as to the above issues. The Board also heard at this meeting, Larry Camp who testified that he lives by the Appellants, found the wood frame addition extremely attractive, and had no objection to its presence as it enhanced the community. Finally, Mr. Frank Lubien, the building inspector, has stated to the Appellants that he believes the ordinance is too restrictive and that the use of wood being strong and attractive should be allowed in the city. Only he is bound by the Ordinance. Therefore, the Appellants request that this Honorable Counsel reverse the Planning Boards disapproval of a variance, redraft the ordinance to allow wood construction, and enjoin any enforcement of violations issued the Appellants, pending the conclusion of an investigation by the Counsel of the rational basis for denying wood construction in light of building pro fessionals, present day respect and approval of its use. Very truly yours, JACOBI & JACOBI BY: ALJ:dn ALLEN L / JACOBI, ESQUIRE DWM:me DONALD W. MCINTOSH Associates, Inc. 581 NORTHEAST 91st STREET. MIAMI SHORES. FLORIDA 33138 • (305) 754 -0624 2200 PARK AVENUE NORTH. WINTER PARK FLORIDA 32789 • (305) 644 -4068 Miami Shores Village 10050 Northeast 2nd Avenue Miami Shores, Florida 33138 cc: J. Prendergast Attention: Mr. Frank LuBien Building and Zoning Director Dear Mr. LuBien: This letter is to notify you that Mr. John Prendergast has engaged us to survey his property described as Lots 10 and 11, Block 67, Miami Shores Section 3, recorded in Plat Book 10, page 37, Dade County, Florida. This survey should be complete in approximately seven (7) days. Very truly yours, DONALD W cINTOSH ASSOCIATES, INC. CIVIL ENGINEERS LAND PLANNERS • SURVEYORS June 30, 1981 D. a d W. McIntosh President