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515 NE 101 St (7)STATE OF FLORIDA DEPARrMEtJT OF STATE FLORIDA MASTER SITE FILE D■vIsion of Archives, History Site Inventory Form FDAHRM 802 = = _ and Records Management DS.HSP-3AAA Rev. 3.79 1009 = Site No. Site Name — 830= = Survey Date8504 820 = = Address of Site: 515 NE 101 St., Miami Shores, FL 905= = Instruction for locating on N side of NE 101 St between NF S Ave F W. 6 Ave 813= = • Location. Miami Shores Sec. 4 Amd. 94 subdivision name County. Dade Owner of Site: Name: Asmus, Barry K. Address: 515 NE 101 St. ami Shores FL Condition of Site: Integrity of Site: Check One Check One or More Excellent. 863 = = n Altered 858 = = ❑ Good 863= = ❑ Unaltered 858= = ❑ Fair 863= = X1 Original Site 858= = ❑ Deteriorated 863 = = ❑ Restored( ) (Date: )( ) 858 = = ❑ Moved( ) (Date: )( )858= = NR Classification Category: Building Threats to Site: None Check One or More ❑ Zoning( )( 11 Development( )( ❑ Deterioration( )(' ❑ Borrowing( )( • ❑ Other (See Remarks Below): Areas of Significance. Architecture )878= = )878= = )878= = )878== block no. Type of Ownership private - 848 = = Recording Date Recorder: • Name & Title: Stofik, Marty Address: MSHPB ❑ Transportation( ❑ Fill( )( ❑ Dredge( )( 878= = 16 lot no. 868= = 808= = 902 = = 832= = 818= = Original Useprivate residence 838= = Present Useprivate residence 850= = Dates: Beginning +1926 844 = = Culture /Phase American 840= = Period 20th Century 845= = 916= = )( )878= = )( )878= = )( )878= = 910= = Significance: Structure is an outstanding example of Mission architecture, seldom used during the first phase . of development of the Miami Shores area by the Shoreland Company. Noteworthy features include the shaped concrete buttress at entrance and the chimney massing. Home has been restored using modern materials. Structure is a designated Miami Shores landmark. 911 == ARCHITECT _ Feidler, -1_D. Miami, FLT 872 = _ BUILDER Campbell, J.B. (Miami, FL) 874= – STYLE AND /OR PERIOD . Mission 964 = = PLAN TYPE irregular /irregular 966 = = EXTERIOR FABRIC(S). rough stucco 854 = = STRUCTURAL SYSTEM(S) concrete block 856 = _ PORCHES S; open sun deck, access N FOUNDATION: concrete block ROOF TYPE: flat, barrel tile coping SECONDARY ROOF STRUCTURE(S): rear wing, gable CHIMNEY LOCATION: W, end, ext. WINDOW TYPE: aluminum awning $ fixed plate CHIMNEY: CBS ROOF SURFACING: tar $ gravel ORNAMENT EXTERIOR:masonry NO. OF CHIMNEYS one 952 = = NO. OF STORIES two NO. OF DORMERS none Map Reference (incl. scale :& date) Miami Shores Village Plat 1980 Latitude and Longitude: O Site Size (Approx. Acreageof Property): LT1 LOCATION SKETCH OR MAP N Contact Print ►`1 s- 1 Q17_ 5ts 1S6-- to% ST 0 Township 53S, 42E UTM Coordinates: 85N102HG22/85N102HG23 Photographic Records Numbers _._ ._— _. —...__ Range Tne �TfFing Section 6 942 = = 942= = 942 = = 942 = = 942 = = 942 = = 882 = _ . 882 = = 882 = = 950 = = 954 = = 809 = = 800 = = 833 = = 812 = = 890 = = 860 = rATE OF FLORIDA DEPARTMENT OF STATE Division of Archives, History and Records Management DS HSP 3E 9 - 74 Physical Description: MSHPB USE ONLY Orig. owner - Paul Watson Porte cochere enclosed (no date) CONTINUATION SHEET Sit4 No. Site Name 515 NE 101 St. Miami Shores, FL . Structure is a two -story Mission residence. Entrance is on E side of projecting front wing. Entrance portico has been enclosed but retains masonry buttressing. Chimney on W end of front wing is stepped pyramid massing. Roof of front wing is sun deck accessed by French doors from .2 story mass. 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This application is made in compliance and conformity with the Building Ordinance of Miami Shores Village, Florida. and all provisions of the Laws of the State of Florida, all ordinances of Miami Shores Village and all rules and regulations of the Building Division of Miami Shores Village shall be complied with, whcther herein specified or not. A copy of approved plans and specifications must be kept at building during progress of the work. ` 55�����°�� Klismas Date... Owner's Name and Address !i'!!�!` 7... ._ _ No.S�, ..>7 ......_... StreetJJ t._.� :... -. Registered Architect and /or Engineer.. L!� / ti LM4iPi� ,,.••• ,,, ,,,,,,,,,,f..,•.• Name and address of licensed contractor QUsiisl$?a. _ Location and legal description of lot to be built on: Lot Block Subdivision.. ...___...__..._..- — Street and Number where work is to be done .laS.._.N E 10-1 ._ 'T_...._.._..... _sass_ ».�...._._ State work to be done and purpose of building (b [loors)..5-�T�''US ./�tr �_. rT .T�s �4AeJ AxistAt _.. MISC -el,L 4 ... 1. _ - sass and for no other purpose. New Building Remodeling Addition Repairs No. of Stories Z. _ • To 'be constructed of Kind of foundation RIbovering Estimate Total cost of improvements $ SOO' dd Amount of Permit S. Zone cubage required Plan Cubage Distance .to next nearest building Size of Building Lot \faxi'num live load to be borne by each floor I hereby submit all the plans and specifications for said building. All notices with reference to the building and its construction may be sent to. The undersigned applicant for this building per:nit does hereby certify that he understands and accepts his obligations as an employer of labor under the Honda Workmen Compensation Act, being Section 5966, Compiled General Laws o Florida, Per'nxne•nt S"p, >leiiient, and has complied with the provisions thereof, and will require similar compliance fro' all contractors ub- contractors employe by him in the work to be performed under this permit; and will post or cause to be posted f• inspectio on ite of the work such public notice or noticcs as arc required by the Act. The undersigned agrees to employ only ins •ntract•rs • • •rk to be performed under this pcnnit, as are licensed by Miami Shores Village. Remarks __._.__ (Signed) STATE OF FLORIDA, COUNTY OF DADE. ss. peared (Signed) Before me, the undersigned authority, a notary public, duly authorized to administer oaths and take acknowledgments, personally ap- to me well known, and who, being by me first duly sworn, upon oath deposes and says that he is the. of the above described construction, that he has carefully read the foregoing application, and that he did sign the same, and that all facts therein by him s ed are true. �y ,p Permit N _ Date " � 9/1 Read, Sworn to and Subscribed before me. Disapproved .. 3 � . . -• Date Notary Public, State of Florida uilding Inspector My Commiuion Expires _...._......_ .___._ PLANNING BOARD DATE Chair ;nan Member Member Member Member.. ... _sass.--- ...._..._._ sass_ Member sass_ — , .._..... Council Approved Date Disapproved Date NOTE: A charge of $1.00 will be made for making corrections or changes to this application after approval has been obtained from the Planning Board. A re- inspection fee of 31.00 will be charged when such re- inspection is made necessary by improper notice for inspevtinn or faulty materials and /or workmanship. EXISTING NONCANFORMgJG 'MS(DE 14' vei 10' SIDE SETTS AC< . REQUIf ME>tr :20 a OF'r (A DTN') EXIS1't r - - -- PEoPost b 31 DE ssr BACK ZE4ulRalevr A LLEY EX IS i"NICT Z SToct-{ CBS "RES I t, ENCE ("Ether 1N 1919) s0' TA7RV K. A SMus SISNE 101STREET' Q -1 V AR' AWE - S -C AuA T'PvT1O EXIENJDIN F oM EAST UJACL OF EX IST7r 1ZE51 DEt (3' VA2,A XE EXIST1n1C, SUN P.1G- GLASS Acx)R EXISTING Non)Cot FORM ►N( 'Res bENIZE 7' EX LSnNe5 sel"cK_ /0' SIDE screw-K. 'MG) U 1 REMEJT (Zo oFTrrat_W i bn SCALE- I " = 10' P E T I T I O N • 1 TO MIAMI SHORES VILLAGE FOR HARDSHIP VARIANCES I, Barry K. Asmus, owner of the residence at 515 NE 101 Street, Miami Shores, Florida, hereby respectfully petition the Village of Miami Shores for the following hardship variances under Section 702 of Article VII of Zoning Ordinance No. 27 adopted May 17, 1956: 1. Pool waterline side - setback of 11' from east property line instead of the 12'6" setback provided in Village Ordinance No. 399 -77. 2. Pool deck and screen enclosure side- setback of 7' from east property line instead of the 10' setback provided in Village Ordinance No. 399 -77. The disallowance of these variances by the Village would cause an undue hardship on me, the owner of said property, which can be readily determined by considering the following: - 1. The lot (Lot 16, Block 94, Amended Miami Shores Section No. 4), which I purchased in 1971 and on which my residence is situated, is only 50' wide. (See Pages A -1 and A -2 of the Appendix to this Petition.) 2. The single family residence built on said lot during the 1920's has an east side - setback of 7' and a west side - setback of 2'6 ". (See Pages A -1 and A -2 of the Appendix to this Petition.) 3. The Miami Shores Village plat was originally plotted with only 50' lots. 4. The Schedule of Regulations being a part of Article IV of the Miami Shores Village Zoning Ordinance No. 270 states that the minimum plot size under this Ordinance is 75' in width which is contrary to the original plat of the Village. 5. This same Schedule of Regulations states that the side - setback should be a minimum of 10' for a non - corner lot. I would direct your attention to Page A -1 of the Appendix to this Petition depicting the location of the existing 2 story CBS residence together with the proposed pool, patio area with screen enclosure. • P E T I T I O N TO MIAMI SHORES VILLAGE FOR HARDSHIP VARIANCES (Continued) The following must be taken into account when considering this Petition: 1. The peculiar and unusual physical conditions affecting my property are (Article VII, Section 702(a) of Zoning Ordinance No. 27): a. The lot on which my house sets is nonconforming, in size, to the current regulations of the Village since it is only 50' wide. b. The house is situated on said lot in such a way so as to make it a nonconforming structure since it's side - setbacks are 7' and 2'6" on the east and west respect - tively. c. In order that my garage may be utilized, the existing driveway, which is 11' wide, has to extend from the garage on the west side of the property with a 2'6" side - setback from the west property line which leaves a maximum width of 29' in which to construct a pool and patio. d. It is impossible for me to acquire additional property on either side of said lot since the entire neighbor- hood is already built -up. e. When I acquired said property in 1971 the side - setback requirements for swimming pools were 10' to the waterline and 7'6" for patio or screen enclosure. Those setbacks were set on November 5, 1959. f. In my discussions with Mr. Bradford, Building and Zoning Director, prior to the acquisition of said property in 1971, he explained that I would need a 6" variance to construct a pool with screen enclosure that would be contiguous with the east wall of the house. He stated that to obtain a 6" variance at that time would not, in his opinion, be unreasonable. -2- P E T I T I O N TO MIAMI SHORES VILLAGE FOR HARDSHIP VARIANCES (Continued) - g. Subsequent to acquiring said property I completely reno- vated the house which included, but was not limited to, the reworking of the north wall to include a bathroom door and double sliding glass doors with the intent to construct a pool and patio. I was not financially able to complete my plans for the pool and patio at that time. h. Although I was within 6" of compliance with the original side - setback requirements when my property was purchased in 1971, Ordinance No. 399 -77 was passed and adopted on September 6, 1977, increasing the side - setbacks for pools from the then existing7'6" to the current 10' for a pool deck or screen enclosure and from the then existing 10' to the current 12'6" for the pool wall. 2. It is impossible to strictly apply the specified side - setback requirements for the following reasons (Article VII, Section 702(b) of Zoning Ordinance No. 27): a. The width of my lot, 50', is two - thirds (2/3) of the currently accepted minimum plot size of 75' as detailed above. The lot on which my house sets is therefore nonconforming in width according to the current Village Regulations and is considered to be under- sized. b. My house, which sets on said nonconforming lot, is itself non- conforming as to the current side - setback requirements of the Village. c. Strict application of the current side - setback requirements would deny me, the owner, the reasonable use of the rear portion of my property for the quiet enjoyment and recrea- tional use of said property without the concomitant payment for the taking away of the right to enjoy said property. In effect, strict application of the current side - setback re- quirements would deny me the use of 40% (20' out of 50') of my fee property which would create an undue hardship on me by the reduction in the property's marketable value, without compensation therefor. P E T I T I O N TO MIAMI SHORES VILLAGE FOR HARDSHIP VARIANCES (Continued) d. The current side - setback requirements should not be strictly applied to a 50' undersized lot since there isn't area necessary to accomplish the purpose of the use of said lot after the removal of the 40% for side - setback purposes. If the current requirements were scaled -down proportionately to two - thirds (2/3), I would not have to ask for a variance since the side - setback to the patio /screen enclosure line would be 6'8" whereas I am seeking 7' and the side - setback to the pool waterline would be 8'4" whereas I am seeking 11 ". 3. In order that I may make a reasonable use of my property it is necessary for me to seek the above - stated side - setback variances (Article VII, Section 702(c) of Zoning Ordinance No. 27). a. Strict application of the current side - setback require- ments would deny me the use of 40% of my property and the reasonable use of the rear portion of my lot. b. The rear portion of residential property is usually in- tended for the recreation of the family unit and a swim- ming pool is an accepted and reasonable recreational use. c. One of the axioms of Real Property Law is that the owner of the fee is entitled to the quiet enjoyment and use of the property. I only want to use my property as a resi- dential unit and, in addition, provide normal and typical recreational facilities, namely a swimming pool with screen enclosure, which the Village has deemed a proper use for the rear portion of a residential lot. P E T I T I O N TO MIAMI SHORES VILLAGE FOR HARDSHIP VARIANCES (Continued) c. Strict application of the current side - setback requirements would deny me, the owner, the reasonable use of the rear portion of my property for the quiet enjoyment and recrea- tional use of said property without the concomitant payment for the taking away of the right to enjoy said property. In effect, strict application of the current side - setback re- quirements would deny me the use of 40% (20' out of 50') of my fee property which would create an undue hardship on me by the reduction in the property's marketable value, without compensation therefor. 4. The variance requested in this Petition would be in harmony with the intent of the Village Regulations and would not be detrimental to the existing use of other property in the neighborhood (Article VII, Section 702(d) of Zoning Ordinance No. 27). a. The only property owners affected by the variances that I am seeking are Harley G. Collins, Jr. and his wife, Martha Anne, who reside at 525 NE 101 Street. Their property borders mine on the east side. The only portion of their residence affected by this request is their 2 -car garage. I have dis- cussed my pool and patio plans (See Page A -3 of the Appendix to the Petition) with Mr. and Mrs. Collins in detail and have explained the variances I am requesting. Their feelings are self-evident in their letter to the Planning and Zone Board of the Village. (See Page A -4 of the Appendix of this Petition.) P E T I T I O N TO MIAMI SHORES VILLAGE FOR HARDSHIP VARIANCES (Continued) b. I am requesting these variances so that the pool and patio with screen enclosure, in question, will merely extend from the east and west walls of the existing residence into the back yard (see Page A -3 of the Appendix to this Petition). As Mr. and Mrs. Collins so aptly stated in their letter (see Page A -4 of the Appendix to this Petition), "We ask the Board members to grant Mr. Asmus said variance as we are of the opinion that his plans will not only enhance the value of our property but will also maintain or increase the property values of the entire neighborhood. We also feel that the side - setback variance of 3 feet is necessary in order that the addition will be aesthetically pleasing to all concerned." I believe that the key to their letter is that the addition, as planned, will not only enhance the value of my property but will enhance the property values of the neighborhood and that the requested variances are "necessary in order that the addition will be aesthetically pleasing to all concerned ". Having been a resident of Miami Shores all of my life, I believe that the above is all important. I would not be requesting the variances if I thought that the pool and patio addition would detract from my property value or devalue the neighborhood or if it were displeasing aesthetically. To recap this Petition, I am seeking not to encroach on the existing east side - setback (7') but merely to remain contiguous with the existing east wall of my residence for not only aesthetic purposes, but that I may also have reasonable use of my property. The disallowance of these variances by the Village would cause an undue hardship on me as detailed above whereas, the approval of these variances would enhance the property values of the adjoining property in Miami Shores and would be aesthetically pleasing to all concerned. I thank you for your consideration of this Petition. Re pectfully ubmitted by -6- Barr; K. Asmus 515 101 Street Miami Shores, Florida • • , ./ • • � �// a/e Miami Shores Planning and Zoning Board 10050 N. E. 2nd Ave. Miami Shores, Fla. 33138 Dear Board Members: • • June 3rd, 1982 This letter is to inform you that we are the owners of the residence at 525 N. E. 101 St. Miami Shores, Florida. Our next door neighbor, Barry Asmus, has shown us his plans to construct a screened -in pool, spa and patio in his back yard and we have examined said plans with him in detail. We are aware that Mr. Asmus is seeking a 3 foot set- back variance from your board so that both the east and west walls of the screen enclosure will be contiguous with the walls of his house. We ask the Board members to grant Mr. Asmus said variance as we:: are of the opinion that his plans will not only en- hance the value of our property but will also maintain or increase the property values of the entire neighborhood. We also feel that the side set -back variance of 3 feet is necessary in order that the addition will be aesthetically pleasing to all concerned. Si erely, 4'-t- arle G. Collins, Jr. Martha Anne Collins Mr. & Mrs. Harley G. Collin 525 N. E. 101 St. Miami Shores, Fla. 33138 . Application is hereby wade for the approval of the detailed statement or ute plans and specifications herewith submitted for the build • inc or other structure herein described. This application is made in compliance and conformity with the Building Ordinance of Miami Shores Village, Florida. and all provisions of the Laws of the State of Florida, all ordinances of Miami Shores Village and all rules and regulations of the Building Division of Miami Shores Village shall be complied with, whether herein specified or not. A copy of approved plans and specifications must be kept at building during progress of the work. `r Date w O ner's Name and Address . R .. 1 .. ''ll 7 K.� 3 _ No..... 5 ... ........__.. Street...NI 1 ` Registered Architect and /or Engineer ,-- <c „ - .•.,, . _. Name and address of licensed contractor.. 4.te.i 1 '-a?e& YS1.644 '23 7 >74 �—N Location and legal description of lot to be built on: Lot Block Subdivision 515 Ne jot sT State work to be done and purpose of building (by floors) STA p l eated Disapproved (Signed) MIAMI SHORES VILLAGE 64 BUILDING INSPECTION DEPARTMEt; T APPLICATION FOR BUILDING PERMIT Street and Number where. work is to be done Date. J 2, 1 ,Esz_k l j , 1 Z and for no other purpose. New Building Remodeling Addition Repairs No. of Stories To be constructed of Kind of foundation Roof Covering Estimated Total cost of improvements $ 3OC ° U Amount of Permit $. Zone cubage required Plan Cubage Distance to next nearest building Size of Building Lot Maximum live load to be borne by each floor I hereby submit all the plans and specifications for said building. All notices with reference to the building and its construction may be sent to. The undersigned applicant for this building per:nit does hereby certify that he understands and accepts his obligations as an employer of I.cbur under the Honda Workmen's Compensation Act, being Section 5966, Compiled General L . . .a Permanent Supplement, and has complied ssith the provisions thereof, and will require similar compliance from all contract 'srs a mployed by him in the work to be performed under this permit; and will post or cause to be posted for inspection on r r.- the wor s laic notice or notices as arc required by the Act. The undersigned agrees to employ only such tr this permit, as are licensed by Miami Shores Village. Rem:uks (Si ( tST TE OF FLORIDA, i ' CdUNTY OF DADE. ss. Before me, the undersigned authority, a notary public, duly authorized to administer oaths and take acknowledgments, personally ap- to me well known, and who, being by me first duly sworn, upon oath deposes and says that he is the. of the above described construction, that he has carefully read the foregoing application, and that he did sign the same, and that all facts therein by him stated are Permit No $ 1a ' — Date 01 Read, Sworn to and Subscribed before me. Notary Public, State of Florida Building Inspector My Commission Expires PLANNING BOARD DATE Chairman Member Member Member Member .. .. Member _.._..... Council Approved Date Disapproved Date NOTE: A c•h.arge of $1.00 will be made for making corrections or changes to this application after approval has hecn obtained from the PL Board. A re- in fee of $1.00 will be charged when such re- inspection is made necessary by improper notice for inspection oe faulty materials and /or workmanship.