LTC 391-2018 3401 Prairie Avenue - Enforcement of City Code Provf\/\IAMIBE
OFFICE OF THE CITY MANAGER
NO. LTC# 391-2018 LETTER TO COMMISSION
TO:
FROM: Jimmy L. Morales, City Manager
DATE: July 13, 2018
SUBJECT: 3401 Prairie Avenue -Enforcement f City Code Provisions
The purpose of this L TC is to advise the City Commission of enforcement actions at a single
family residence located at 3401 Prairie Avenue, which is zoned RS-4, Single Family Residential.
Pursuant to Sec. 142-102 of the Land Development Regulations of the City Code, the main
permitted uses in the RS-4 district are single-family detached dwellings. With the exception of
those homes located within the 401h Street Religious Overlay, Religious Institutions, Schools and
Day Care uses are prohibited in the RS-4 district.
Based upon the inspection work of the Code Compliance Department, as well as the attached
correspondence received from surrounding property owners and residents , it appears that non-
residential uses are continuing at the subject address. On July 13, 2018, I sent the attached
letter to the property owner regarding compliance with the applicable provisions of the City Code.
Further, as stated in the attached May 16, 2018 correspondence from the Planning Director, in
order to achieve compliance with the City Code, the subject property must immediately cease all
non-residential uses and operate solely as a single family residence, with no accessory uses.
As there has been no effort to date to achieve compliance with the requirements of the City Code
regarding allowable uses, the City is now left with no choice but to commence enforcement of the
applicable provisions of the City Code. It is important to point out that these enforcement actions
pertain to specific types of non-residential and commercial uses prohibited in the RS-4 district,
and do not pertain to prayer gatherings.
Starting on Monday, July 16 , 2018 , the Code Compliance Department will be issuing violations of
the applicable regulations of the City Code. The Rabbi has advised that the daycare will close on
July 2ih, so we will give him two weeks on this activity. But all other illegal activities must cease
immediately.
JLM/SMT/TRM
F:\cmgr\$ALL\SUSY\L TC's\3401 Prairie Ave\3401 Prairie Avenue -LT C Enforcement Update July 13 20 18.docx
C: Rafael Granado , City Clerk
MIAMI BEACH
CITY MANAGERS OFFICE
City of Miami Beach , 1700 Convention Center Drive , Miami Beach , Florida 33139
Tel: ( 305) 673-7010
July 13, 2018
Rabbi Yisroel Frankforter
3401 Prairie Avenue
Miami Beach, FL 33140
Re : 3401 Prairie Avenue, Miami Beach, FL
Enforcement of City Code Provisions
Dear Rabbi Frankforter:
This letter is in reference to the subject address, 3401 Prairie Avenue, and the outstanding
non-compliance issues with the City of Miami Beach Code. The subject property is zoned
RS-4, Single Family Residential, and has a future land use designation of RS, Residential
Single Family, in the City's Comprehensive Plan .
Pursuant to Sec. 142-102 of the Land Development Regulations of the City Code, the main
permitted uses in the RS-4 district are single-family detached dwellings. With the exception
of those homes located within the 401h Street Religious Overlay , Religious Institutions,
Schools and Day Care uses are prohibited in the RS-4 district.
To date , the following is a summary of use violations identified by the Code Compliance
Department for the subject property :
1. Sec. 142-109: Commercial Use in a Single Family Home.
REF: Relig ious School operating from a single family home .
2. Sec . 142-905: Use Not Permitted.
REF: College operating from a single family home .
As stated in correspondence sent on May 16 , 2018 by the City Planning Director, Mr .
Thomas Mooney , in order to achieve compliance with the City Code , the subject property
must immediately cease all non-residential uses and operate solely as a single family
residence, with no accessory uses. Religious Institutions, Schools, Day Care , and any other
non-single fam ily residential uses are prohibited in the RS-4 district.
Pursuant to the aforementioned May 16 , 2018 correspondence from Mr. Mooney , you were
advised that if the above noted use issues at 3401 Pra irie Avenue were not remed ied by
June 15 , 2018, the City would commence enforcement proceedings to compel compliance
with all applicable sections of the City Code. On June 3, 2018 , Mr. Mooney received an e-
mail response from you advising that you were seeking counsel and requesting a 60 day
extension in order to properly address the issues set forth in the May 16 , 2018
correspondence. On June 5 , 2018, Mr. Mooney replied to your e-ma il and confirmed that
July 13 , 2018
Page 2 of 2
3401 Prairie Avenue -Enforcement of City Code Provisions
the City would allow for a 30 day extension for compliance. As such, the new date for
compliance was set for July 13 , 2018 .
As of today, July 13, 2018, compliance with the applicable provisions of the City Code, as
more specifically noted above, still has not resulted. This is based upon the inspection work
of the Code Compliance Department, as well as correspondence received from surrounding
property owners.
Accordingly, the City is now left with no choice but to commence enforcement of the
applicable provisions of the City Code. Starting on Monday, July 16, 2018, the Code
Compliance Department will be issuing violations of the applicable regulations of the City
Code. I am aware that you notified our Building Official that the daycare will close on July
2th. As such, we grant you a two week extension solely in connection with the daycare. All
other illegal activity must cease immediately.
In closing, the City is more than willing to discuss the matter further and work with you on
amicable resolution of the non-compliance issues. However, we are not authorized under
the provisions of the City Code to permit uses expressly prohibited in the underlying zoning
district.
If you have any questions regarding this matter, or if you need further information or
clarifications , please feel free to contact Mr. Hernan Cardena, Director of Code Compliance
at 305-673-7555 or hcardeno@miamibeachfl.gov.
Si cerely ,
anager
C: Raul Aguila, City Attorney
JLM!TRM
Susanne M. Torriente, Assistant City Manager
Hernan Cardena, Code Compliance Director
Thomas R. Mooney, Planning Director
Eve Boutsis, Chief Deputy City Attorney
Steven Rothstein, First Assistant City Attorney
F:IPLAN\$ALLICM_RESP\2018\3401 PRAIRIE AVENUE -JLM ENFORCEMENT LETIER JULY 13 2018.DOCX
MIAMI BEACH
PLANNING DEPARTMENT
City of Miami Beach , 1700 Convention Center Drive, Miami Beach, Florida 33139
Tel: (305) 673-7550, Fax: (305) 673-7559
May 16, 2018
Rabbi Yisroel Frankforter
3401 Prairie Avenue
Miami Beach, FL 33140
Re: 3401 Prairie Avenue, Miami Beach, FL
Enforcement of Issued City Code Violations
Dear Rabbi Frankforter:
This letter is in reference to the outstanding City Code violations at the subject address,
3401 Prairie Avenue. As you may be aware the subject property is zoned RS-4, Single
Family Residential. The property also has a future land use designation of RS, Residential
Single Family, in the City's Comprehensive Plan.
Pursuant to Sec. 142-102 of the Land Development Regulations of the City Code, the main
permitted uses in the RS-4 district are single-family detached dwellings. With the exception
of those homes located within the 40th Street Religious Overlay, Religious Institutions are
prohibited in the RS-4 district.
The following is a summary of use violations identified by the Code Compliance Department
for the subject property:
1. Sec. 142-109: Commercial Use in a Single Family Home.
REF: Religious School operating from a single family home.
2. Sec. 142-905: Use Not Permitted.
REF: College operating from a single family home.
In order to achieve compliance with the City Code, and have the violations corrected, the
subject property must immediately cease all non-residential uses and operate solely as a
single family residence, with no accessory uses. Religious Institutions, Schools, Day Care,
and any other non-single family residential uses are prohibited in the RS-4 district.
May 16, 2018
Page 2 of 2
3401 Prairie Avenue -Enforcement of City Code
If the above noted use violations at 3401 Prairie Avenue are not remedied by June 15, 2018,
the City shall commence enforcement proceedings to compe l compliance with all applicable
sections of the City Code.
If you have any questions regard ing this matter, or if you need further information or
clarifications, please feel free to contact me at 305-673-7000 x6191 or
tmooney@miamibeachfl.gov. You may also contact Mr. Hernan Cardeno, Director of Code
Compliance at 305-673-7555 or hcardeno@miamibeachfl.gov.
(£'
Thomas R. Mooney, Al CP
Planning Director
C : Jimmy L. Morales, City Manager
TRM/tm
Susanne M. Torriente, Assistant City Manager
Hernan Cardeno, Code Compliance D irector
Eve Boutsis, Chief Deputy City Attorney
Steven Rothste in, First Assistant City Attorney
F:IPLAN\$ALLIG EN_CORRIEXTERNAL\2018\TM-3401 PRA IRIE AVENUE L TR -MAY 16 2018.DOCX
July 10, 2018
Mr. Jimmy Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Morales,
We thank you for the efforts you and your staff have taken so far with regard to the property at 3401 Prairie Avenue,
and the un-permitted and illegal activities taking place at the Jewish Educational Leadership Institute, Inc. (JELi, Inc.)
We understand you have granted the operators, at their request, a 30-day extension to come into compliance, which
is due to expire on July 13, 2018 . We look forward to the operators abiding by your stipulated cease and desist order,
at the conclusion of this extension (July 13, 2018). We would like to bring to your attention, however, that during the
nearly 60 days since your letter was sent to the JELi, Inc., there has been no visible effort from the JELi, Inc. to come
into compliance and/or end their adverse impact to the neighborhood. Furthermore, notwithstanding the assurances
the JELi, Inc. have made to the City in requesting the extension, namely that they would immediately discontinue
operating the child day care center AND the school, it appears that those and other un-permitted and illegal activities
continue to operate unabated.
Attached are photographs of the property and the activity taking place at the JELi, Inc., that have been collected as
recently as a few days ago. The photos show a continuation of the childrens' programming, excessive parking, and
excessive trash/waste/recycling which all appear to indicate a continued use of the property in a manner that is
un-permitted, illegal and not consistent with the zoned siill~le family residential use . Sadly, it appears that the
current pending situation (time extension) is inconsistent with the assurances the JELi, Inc. has made to the City
and is certainly not in "good faith': considering the generous extension of time you granted the JELi, Inc. to come
into compliance with the property. In fact, to the residents, there appears to have been no change, and no visible
effort to comply.
We as neighboring residents most directly affected by this un-permitted and illegal activity are anxious for a speedy
and satisfactory resolution to these zoning and code violations and adverse neighborhood impacts as quickly as
possible. We are looking forward to your action on July 13, 2018. We appreciate you and your staff's effort to date
and are hopeful that this property will return to a residential use very soon.
Again, thank you for you efforts and should you need any additional information from us, please do not hesitate
to contact us.
Sincerely,
The undersigned residents
Attachment 1 -photos
Attachment 2 -resident letter dated May 9th, 2018
Adam Hoydysh
3184 Royal Palm Avenue
ahoydysh@gmail.crun
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Renee Moize 7
3184 Royal Palm Avenue
r moizel@ mail.co
Leslie Swanson
3190 Royal Palm Avenue
lsgjmg@hotmail .com
Patricia Sbroggio
3400 Prairie Avenue
psbroggio@me.com
Mrs. Helen Velletri
441 W34t St.
Ana Mesas
3128 Sheridan Avenue
mesas .anamaria@gmail.com
Fernando Guevara
3128 Sheridan Avenue
Electronic Signature
Petar Blagojevich
3191 Prairie Avenue
petar@fashiondistributions .com
Yvonne Martens
3020 Prairie Avenue
yvonmarten s@aol.com
Alex Fernandez
3200 Chase Avenue
fernandezalexj@gmail.com
Robert Wolfarth
3200 Chase Avenue
wolfarthrobert@gmail.com
Ma na l Ol iver
31.2 1 She rid an Avenue
manal@moaaccounting.com
L/rk~~
Micheal Oliver
3121 Sheridan Ave
Cars Parked at JELi 717 /18 Swale Destruction
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Children being Dropped off on 34th st entrance to JELi Un -permitted childcare service
Front Door open 24/7
Marta Prieto
3175 Prairie Avenue
electronic signature
Jose Prieto
3175 Prairie Avenue
electronic signature
CC: Thomas R. Mooney, AICP, Planning Director
Susanne M. Torriente, Assistant City Manager
Hernan Cardeno, Code Compliance Director
Eve Boursis, Chief Deputy Attorney
Steven Rothstein First Assistant City Attorney