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150 NE 96 St (5)105 N. E. 96th Street October 3, 1944 - Letter of appeal to Planning Board from C. F. Wheeler, Builder, requesting permission to build a four unit apartment at the site because the "property is not fit for any other use." October 6, 1944 - Planning Board approved construction of four unit apartment. August 18, 1945 - November 28, 1945 - Seven documents relating to construction of a two car garage at site. November 29, 1945, letter from Village Attorney refers to a suit against the Village for permitting the building of an apartment building at site. Attorney states suit was dismissed. Garage author- ized by Council on November 28, 1945. April 18, 1946 - Letter from Thomas S. Griggs, M.D., requesting Council approval to use part of site for professional office. Letter states he purchased property to use as "a single family residence." Office use approved by Council on May 14, 1946. November 4, 1958 - Resolution by Council permitting Dr. Muncie to use site as his home and office. Authorized one office employee. October 29, 1982 - Request from Mrs. Muncie to rezone site for pro- fessional office use. Note: Some time between Dr. Griggs and Dr. Muncie the site was owned and occupied by Dr. and Mrs. George J. Keffer. • . 'II• • C. F. WHEELER, Builder 9537 N. E. 2nd Avenue MIAMI, FLRIDA Shorns T1_77.5 7:fx.7 Shores T',orf_da ',7ent n s 03;:nT-,er Hr%vin been ref a norml,t fo7 t7le c77 hoce on ray Ylrorerty, .cc-cc'. 10 -own =9 ek;ht„ bLoc7s. tt7enty„ 7-nreby made ',x,) you as the board c;:? or.t'Ard fin no 1.=1. Shores V52ar;o- 07— Yo. 92, Art1_07,e XTV„ 7:7nc7o ro 79 followss rjr-n the 7?7ann5".3 Bor,rd of Pan71. hores fror and after the lassa3e of tnn Ordinance and horeby de37.ared a 19n no - ;hc.; v!orc tTacn are - 0 ,, antl.cal d.lffer.nl.es of unnecessa hardo fLn th rr'' strct 7.ener tho rrovons of t71 07'7o.1.0 7---e of Adfuntment I 7T71T o novzer cc1.c casen„ after duo notl.ce Inve&J:170r., dotrrpile 1T77v 7ry such 7-E_rmony rf_tb no 7erora7_ 7(Nr7 71.tent of tho 7onf Ord17mance co that, the 7) cfot7 uo:IScre mrvsr be secure and =heal just "ru^e =tter3 T and decao awpoals rom nx ordor 7.otormiration of a adminfl.nr:i.- f.ve fi,n the onforcoToent of tr:; Telephones 7-1626 7-1627 (3.ende speo:la n7oont:I.ons to of OdfLrance and t7le authorty of vrhf.c71 -coon claf.d Board o: bd;!- n: Ord:7.nanc7:'. W kuthorizo 77rn an '%n P:rnoifo 01 7,7=ance uf.1.1 not contr7..7 to the n'blic toront:), 7hor, 0 to S'00077. oonfJtion a litoral on- fo'-oorrIont of te TrovIcion of thJ.E Ord :trance XL re:t unn000gnry hardn7nJ.nn alnel E0 t7('at tho ,s1,71.t of thIc Ord:Inp,mflo nhall 7w) n'ios77-7N3 cnd hcc do77, W tL7 c :o 024 trn ' 177 TIor:-r! "177f) veF;73ono:=ftl.es and '7f fl7 '"." -71 tO ; cf dut:Ioo 2.nd .3to sranted and nTh =o7er1 ontn,77y ,7Tltft.ve f '..,:lono :;:o.e7coof 7r!etofo:7-0 exoofl_snd by sald lyTf of th:3.f beft.nr; nrt oro7)ty 'n c - .c72711.cd:lato 7-1.0a:c:Ine7 7 7?ociu.estedo YoU7S vo tru17, c1 1 u or H la rman an nu e Clem.) ra o___f1 . Et,'9 ,' a..t: 3oard euna at'.t. of Wi1J iam . Ali. e , 41..1ea :con, O( . • ncs o. '2 on oto :er uatmeil under le 0 0 CO . ed herew:.th r.nd mode a •t: t s :n of '.r. Gordon and see nded by bar. 'Ja i.ey, the fcur mem'r ' re present unanimously instructed that a per - pit le - ri.n1 ed, as 'requested. After due investi?at'on tot: d':scussion, u}:o:' m tiozi e . I c 2 w D 1 - t / 4 1 . C 1 ;r. C. F. WiliELER, Builder 9537 r 1. E. 2nd Avenue MIAM[, FL9RIDA . • Shores Village 2a-1 Shores, Florida Gentlemen Attached are two prints of a two car garage which we woulO'. like to build at 150 N. E. 96th Street. shall appreciate your issuing a permit for this building. CF:: - 2nc. Very truly yours, C. F. D3TIJC Builde"o C. F. 1 heeler Telephones 7-1626 7-1627 August 18 :1.945 JOHN G. THOMPSON R. D. MAXWE LL, JR. DAVID W. DY R GEORGE A.SMATHERS GEORGE F. MEISTER L .S. BONSTEEL EDWARD J. NELSON JAMES J. MANOGUE JOSEPH E .COLE , JR. • • SMATHERS, THOMPSON, MAXWELL & DYER ALFRED I. Du PONT BUILDING MIAMI 32, FLORIDA Tom Council Tnoros Villsgs gtTH. ',)72.cs, Flee C clf,ont, C. 1 :Teeler, hco apy)lied. for v . oermit to build E two-car gRrege on proberty at 150 Northcat 96t1. 3teet. &policy- tion 'nuEi boen Awde in due form 2nd plany) have boca Thero hes boon GO= cenrablo delay ir; on this rIatte® I undorLtcnd thrA otho2' - oer - ,;ai aro belnr:' by t'ne Coe:. lnemuch J 3o a hrE not been appointed, End 1 reE,- . 906tfuily rcouot therefore thut the Council tale cetlon on thEi . .)e.rnculca? cQ'olicotlon t J.tO iLen1;:.ne, no= Tuecdcy. Y-Dp/pat Yours very truly, , epteTber Y, 3946. FRANK SMATH LRS Or COUNSEL GEO. M. THOMPSON (187S,939) LELANO S. FEATHERSTCNF. Smathers, Thompson, :4xwe '_ Alfred 1. DuPont i uilding Miami, 32, Florida LAW OFFICES PERRY A_ NICHOLS SHORELAND E3UILDING MIAMI 32, FLORIDA Attention: rir. ... a. icons teal Gentlemen: Dyer, September 12, 1945 At the re_;.:lar meeting of the .iami Shores Council held last night, September llth, your letter of September 7, 1 addressed to the Council con - cerning the ap,>lication of Mr. C. F. V►heeler for a BuildinL; Permit for a two -car garage was read to the Council. Considerable discussion ensued concernin;, the issuance of this ..'irmit and I have explained to the Council our previous telop:,one conversation. The Council felt that r.' apart.:lent buildin had been constructed contrary Lo the zoningr ordinances of the Yunicipality and that inasmuch as the building of this apartment house is now in liti- gation, that no action should be taken at the present time. Therefore, the follow7,.ng motion was passed: That the application of C. F. ;heeler for permit to construct a two -car garage at 150 N. L. 96th Street be deferred until final decision on the Wheeler suit has been handed down by the Court. PAN/71b1 Ferry A. Nichols cc Mr. C. Lawton : McCall COPY Yours truly, LELAND B. FEATHERSTONE - )oar LAW OFFICES PERRY A_ NICHOLS SHORELAND BUILDING MIAMI 32, FLORIDA C. Lawton HcCall, 1:anaser 9545 T.T. 2nd Avenue laami Shores Villase, :?lorida September 12, 1945 Triasmcb. as r onsteelis letter was addressed to the Council, I am - 2eturnins herewin t71.e orisinal alnnrr with a co7o7 of „ly letter rep17, both of which a self-explanatory. Yoar, uly, Perry A. ichols enc. 2 LAW OFFICES THOMAS H. ANDEMSON Mr. C. Lawton McCall Village Manag:r Miami Shores, Florida Dear Sir: You today requested my opinion regarding your duty to issue to Mr. Frank Wh -eler, - permit for th erection of a two car garage on his premises at 95th Street which at the present time is involved in liti- gation. As 1 understand the situation the litiga- tion involved Mr. Wheeler's apartment house. A permit for the erection of the apartment house was granted to him, and afterwards at the instance of certain citizens in the Village, an injunction suit was brought to en- join the alleged violation of the ordinance created by the issuance of the permit. My information further is that the City was -. party to this suit but it was ultimately dismissed. If the issuance of the permit to build two car garage does not, violate any existing zoning o'rdit ante and is otherwise according to lav and if, ae 1 =der.. the application has been approved by the Piannir g tr'd, I see no reason why the permit should not be given tcv nro Crheeler, THA /g V rely yours, FIRST NATIONAL BANK BUILDING MIAMI 32, FLORIDA November 29, 1945 C. F. WHEELER, Builder 9537 N. E. 2nd Avenue MIAMI, FLORIDA • Village of Miami Shores 9545 N. E. Second Avenue Miami 38, Florida Attention: Mr. C. Lawton McCall City Manager Gentlemen: In view of the fact that you now have a Planning Board appointed, will you please process my appli- cation for a permit for the construction of a two car garage on my property at 150 N. E. 96th Street at the earliest possible time. CFW : eb Very truly yours, C. F. WHEELER Builder C. F. Wheeler Telephones 7 -1626 7 -1627 November 21, 1945 �� ? The Ilami Shores Village Council 7sia11i Shores, Fla. Gentlemen: This is to appeal to you for a permit to make alterations in my home at 150- H. F. 96th St. These alterations are for the purpose of converting a portion of my home into ny professional office. 1 have made application to the planning board for a permit and they have disapproved some apparently on the grounds that there is litigations against the previous or,or of any property. 1 purchased this property as a single td wish to have my office the Village zoning laws. from the desk of C. LAWTON McCALL TO: -/7 V THOS. S. GRIGGS. M. D. 9526 N. E. 2ND AVENUE MIAMI SHORES. FLA. April 18, 1946 orable consideration of ours very truly, Thos. S. Grig D. BE IT RESOLVED BY MIAMI SHORES VILLAGE that an applica- tion for a variance by Douglas J. Muncie to use the building on Lots 7 and 8, Block 20, Miami Shores, Section 1, otherwise known as 150 N. E. 96th Street, Miami Shores, be granted with the following conditions: 1. That the variance shall not take effect until title to the said property has been legally vested in Douglas J. Muncie. 2. That upon the happening of said condition, the applicant be permitted to occupy the said property as his home and to use the same as an office for the practice of the applicant's profession, an that he be authorized to employ the services of one skilled technician to assist hirrt in the practice of such profession. PASSED AND ADOPTED this 4th day of November, 1958. ATTEST: 'vi. Antoinette Vigneron Clerk RESOLUTION NO. 386 MICHAEL J. FRANCO Mayor 'iami Jhorenfllage F L OR ID A 10050 N. E. Second Avenue MIAMI SHORES, FLORIDA 33138 No'e: OcLober 3, 19 - Letter of appeal to Planning Board from C. F. Wheeler, Builder, requesting permission to build a four unit apartment'at the site because the "property is not fit for any other use." October 6, 1944 - Planning Board approved construction of four unit apartment. August 18, 1945 - November 28, 1945 - Seven documents relating to construction of a two car garage at site. November 29,'1945, letter from Village Attorney refers to a suit against the Village for permitting the building of an apartment building at site. Attorney states suit was dismissed. Garage author- ized by Council on November 28, 1945. April 18, 1946 - Letter from Thomas S. Griggs, M.D., requesting Council approval to use part of site for professional office. Letter states he purchased property to use as "a single family residence." Office use approved by Council on May 14, 1946. November 4, 1558 - Resolution by Council permitting Dr. Muncie to use site as hiF home and office. Authorized one office employee. October 29, 19o2 - Request: from Mrs. Muncie to rezone site for prL- fessional office use. Some time between Dr. Griggs and Dr. Muncie the site was owned and occupied by Dr. and Mrs. George J. Keffer. j � l G. C.V WHEELER, B 9537 N. E. 2nd Avenue MIAMI, FLORIDA Miami Shores Village Planning Board Miami Shores, Florida Gentlemen: October 3, 1944 Telephones 7 -1626 7 -1627 Having been refused a permit for the erection of a four unit apartment house on my property, described as lots seven and eight, block twenty, Miami Shores sub- division, appeal is hereby made to you, as the board of adjustment as outlined in the Miami Shores Village Or- dinance No. 92, Article XIV, which reads as follows: That the Planning Board of Miami Shores Village shall, from and after the passage of this Ordinance, be and it is hereby declared a Board of Adjrstment so that where there are practical difficulties of unnecessary hardships in the way of carrying; out the strict letter of the provisions of this Ordinance, the Board of Adjustment shall have power in specific cases, after due notice, and investigation, to determine and vary any such provisions in harmony with the general purpose and intent of the Zoning Ordinance so that the public health, safety and general welfare may be secure and substantial justice done and s -t1d Beard may among; other matters: (a ) Hear and decide appeals from any order, requirement-., decision or determination of an administra- tive officer in the enforcement of this Ordinance. (b) Hear and decide special exceptions to the terms of this Ordinance and the authority of which is conferred upon said Board of Adjustment by this Ordinance. (c) Authorize upon appeal, in specific cases, such variance as will not be contrary to the public in- terest, when, own o special conditions, a literal en- forcement of the provisions of this Ordinance will result in unnecessary hardships, and so that the spirit of this Ordinance shall be observed and substantial justice done. Page 2 Miami Shores Village Planning Board October 3, 1944 (d) That nothing in this article, nor in this Ordinance shall in any wise take from nor denrIve the Planninr Board of Miami Shores Village of authority, duties, responsibilities and juris- diction as the same has been constituted, maintained and operated prior to the adoption of this Ordin- ance, the powers, duties and jurisdiction granted in this article and this Ordinance to said Planning Board being supplementary to and cumulative of func- tions thereof heretofore exercised by said Board. The basis of this appeal being that hard- ship and,4estopple exists becalise this property is not fit for any other use. Immediate hearing is respectfully requested. CFJ:mlw Yours very truly, C. F. WHEELER Builder C. F. Wheeler . „ 11;'' t 4-; f 4 . •• -4.-4- -..,..... 4r........L, .. , ';t ,4 't ' ( EC i iL.5. . • 1 , ' . r - ' . • . • r . ,,, 1.,.... -.2 ' , •-••• "".. - i.: 4 ''' -' -. t ,, , ,, , 1 . ...*:.,' *,','", ,.... ,, . '.. 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Wheeler Telephones 7 -1626 7 -1627 August 18, 1945 r LELAND B. FEATHERSTONE Doar Hr. McCall: PAN/ hb l enc. 2 LAW OFFICES PERRY A. NICHOLS SHORELAND BUILDING MIAMI 32, FLORIDA C. Lawton McCall, Manager 9545 N. F. 2nd Avenue Miami S' -ores Villa :e, Florida September 12, 1945 Inasmuch as Mr. Bonsteelts letter was addressed to the Council, I am returning herewith the original alon with a copy of my letter in reply, both of which are self- explanatory. Your Y, YL-a Perry A. i chols • LELANO B. FEATHERSTONE LAW OFFICES PERRY A. NICHOLS SHORELAND BUILDING MIAMI 32, FLORIDA Smathers, Thompson, Maxwell & Dyer, Alfred 1. DuPont Building Miami, 32, Florida Attention: Mr. L. S. Bonsteel Gentlemen: September 12, 1945 At the regular meeting of the Miami Shores Council held last night, September llth, your letter 4 , L _ of September 7; '1945' addressed t&'th ® 'Council corning the application of Mr. C. F. Wheeler for a Building Permit for a two -car garage was read to the Council. Considerable discussion ensued concerning the issuance of this Permit and I have explained to the Council our previous telephone conversation. . The Council felt that Mr.Wheeler's apartment building had been constructed contrary to the zoning ordinances of the Municipality and that inasmuch as the building of this apartment house is now in liti- gation, that no action should be taken at the present time. Therefore, the following motion was passed: That the application of C. F. Wheeler for permit to construct a two -car garage at 150 N. L. 96th Street be deferred until final decision on the Wheeler suit has been handed down by the Court. Yours truly, PAN Abl Perry A. Nichols cc Mr. C. Lawton McCall • • COPY • ,JOHN G. THOMPSON • R. D. MAXWELL, JR. DAVID W. DYER GEORGE A.SMATHERS GEORGE F.MEISTER L. S. BONSTEEL EDWARD J. NELSON JAMES J. MANOGUE JOSEPH E.GOLE. JR. SMATHE RS, THOMPSON, MAXWELL & DYER ALFRED I. ou PONT BUILDING MIAMI 32, FLORIDA Town Council Miami Shores Village Miami Shores, Fla. Gentlemen: My client, C. F. Wheeler, has applied for a permit to build a two -car garage on his property at 150 Northeast 96th Street. Applica- tion has been made in due form plans have been filed. There has been some considerable delay in passing on this matter. I understand that other permits are being issued by the Council inasmuch as e Planning, Board has not been appointed, and I res- pectfully request therefore that the Council take action on this particular application at its meeting next Tuesday. LSB /pm September 7, 1945. Yours very truly, 0(7 .(/' FRANK SMATHERS or COUNSEL GEO. M. THOMPSON (10751939) LAW OFFICES THOMAS 11. Al DERSOti Llr. C. Lawton McCall, Village Manager, Miami Shores, Florida Dear Sir: You today requested my opinion regarding your duty to issue to Mr. Frank Wheeler, a permit for the erection of a two car garage on his premises at 96th Street, which at the present time is involved in liti- gation. As I understand the situation, the litiga- tion involved Mr. Wheeler's apartment house. A permit for the erection of the apartment house was granted to him, and afterwards, at the instance of certain citizens in the Village, an injunction suit was brought to en- join the alleged violation of the ordinance created by the issuance of the permit. My information further is that the City was a party to this suit, but it was ultimately dismissed. If the issuance of the permit to build a two car garage does not.violate any existing zoning ordinance and is otherwise according to law, and if, as I understand, the application has been approved by the Planning Brd, I see no reason why the permit should not be given to Mr. Wheeler. TF.A / €m Vey ruly yours, FIRST NATIONAL BANK BUILDING MIAMI 32, FLORIDA November 29, 1945 C. F. WHEELER, Builder 9537 N. E. 2nd Avenue MIAMI, FLORIDA 0 Village of Miami Shores 9545 N. E. Second Avenue Miami 38, Florida Attention: Mr. C. Lawton McCall City Manager Gentlemen: In view of the fact that you now have a Planning Board appointed, will you please process my appli- cation for a permit for the construction of a two car garage on my property at 150 N. E. 96th Street at the earliest possible time. CFW :eb .3Q) Very truly yours, C. F. WHEELER Builder C. F. Wheeler Telephones 7 -1626 7 -1627 November 21, 1945 Cdrom the desk of TO: , i � _e___- C. LAWTON McCALL The Miami Shores Village Council Miami Shores, Fla. Gentlemen: This is to appeal to you for a permit to make alterations in my home at 150- N. E. 96th St. These alterations are for the purpose of converting a portion of my home into my professional office. I have made application to the planning board for a permit and they have disapproved same apparently on the grounds that there is litigations against the previous owner of my property. I purchased this property as a single family residence and wish to have my office there, which is permitted under the Village zoning laws. I would appreciate favorable consideration of this matter as soon as possible. Yours very truly, TSG -jd Thos. S. Grig , M. D. THOS. S. GRIGGS, M. D. 9526 N. E. 2N0 AVENUE MIAMI SHORES, FLA. April 18, 1946 • • "vc ~:.` _•: te RONMMIWIIIIMMIBSEMa • i ftkw y ' = a r °z"°d3r v ti � '1,.. *^ � r `} f i ���.� .A.....' t - ��` ,c i s . , w . I v, ., . -.. • .ev �'• c ' ' s; - : . u ° -wso",c . m+. .' fi " '' A ; yi ✓ t .9.+.._.,.- ^ ' .4 6 yc 1/4 "• crl',�..MT" "..'sry.'s p., Pftvr-i R i - 4 •