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RESOLUTION 87-18989 RESOLUTION NO. 87-18989 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH ADOPTNG THE INSPECTION AND APPEAL PROCESS AND THE CRITERIA FOR RETENTION OF UNDERSIZED UNITS AND ILLEGALLY INSTALLED KITCHENS. WHEREAS, the City Commission of the City of Miami Beach has been aware and concerned that a policy regarding residential units containing less than the required 400 square feet of space, many with illegally installed kitchens, should be established ; and WHEREAS , a Committee of City staff and concerned citizens has recommended the attached appeal process and criteria; and WHEREAS, the City Commission desires to allow property owners an opportunity to legally establish non-conforming units while encouraging continued positive growth in the City, NOW THEREFORE BE IT RESOLVED that the City Commission of the City of Miami Beach adopts the inspection and appeal process and the criteria for retention of undersized units and illegally installed kitchens . PASSED AND ADOPTED this 16th day of September , 1987 . ,/i sr MAY: M A ATTEST: LEGAL L.► i F y 41 ...,c61". CITY CLERK 7,2341 Dale MLB/mr 07/22/87 INSPECTION AND APPEAL PROCESS The following review process and appeal procedures are only applicable to violation notices that relate to units which have illegally installed kitchens and units which are below the minimum size established by the City. The South Florida Building Code, the Miami Beach Property Maintenance Standards, the Miami Beach Zoning Ordinance and Fire Codes remain in full force and effect . The Code Enforcement Officer will identify those buildings which have illegally installed kitchens and/or undersized units and issue the appropriate violation notice based upon the current standards as presented in the City' s regulations . The property owner will be advised that he may seek a hearing pertaining to the undersized units and/or illegally installed kitchens before the Board of Adjustment . The Officer will suggest that he contact the Planning & Zoning Department for purposes of filing the appeal . If an appeal is not filed or compliance not obtained within 90 days of the notice of violation and final order , a hearing before the Code Enforcement Board will be scheduled. If the appeal is filed within the 90-day period, then a hearing will be scheduled before the Board of Adjustment for its adjudication of the matter . The Planning & Zoning Director , in formulating his recommendation to the Board of Adjustment, shall utilize the criteria below . Should the Board of Adjustment approve the appeal, then the owner will file an application with the Building Department for a building permit. Should the appeal be denied, then the owner will be required to comply with all applicable laws and codes. CRITERIA FOR RETENTION OF UNDERSIZED UNITS AND ILLEGALLY INSTALLED KITCHENS 1 . The Miami Beach Property Maintenance Standards, Miami Beach Zoning Ordinance ( excluding unit size , density and kitchens) , South Florida Building Code and Fire Codes shall be complied with based upon the current standards and regulations. 2. Historic Structures - If the building is an historic structure, the exterior improvements (paint, windows, door, architectural detailing) shall substantially meet the design criteria as listed in the U. S . Secretary of Interior Standards for the Rehabilitation of Historic Structures prior to the City approving the units. The term "historic conforming structure" shall mean those buildings which are either contributing or conforming in architectural style, scale, setback , date of construction and/or historic association and/or are listed as such on the Historic Property Data Base as maintained by the Planning & Zoning Department . Buildings which are not considered historic shall have facade improvements which are consistent with the architectural style in which they were designed. 3. Density, Unit Size , Kitchens - The determination as to density, unit size and whether kitchens are permitted shall be based upon the room configuration and sizes permitted by the City. Data which is maintained on the City' s building card , Occupational Licenses, microfilm and other City records shall be utilized in determining the number of permitted units and kitchens . Appeal of the violation notice shall be to the Board of Adjustment under the procedures as set forth above. 4. Length of Ownership, Number of Code Violations, Police and Fire Calls - How long a property has been owned by a 1 particular owner , history of Y cods violations , number of incidents of fire andlice calls � are to be considered. A history of numerous violations and incidents involving a particular property owner or a building uildinq may effect eligibility bility for retention of undersized install ed kitchensunits and illegally . 5. Minimum Unit Size - The area shall be measured from the exterior face of exterior walls and from the centerline a line of interior walls separating two units . The area includes bathrooms, kitchens, closets and hallways all of which are in the interior terior of the unit . Units with less than 200 square feet are not permitted. 6 . Buildings under a Dade County Y Unsafe Structures Order are not eligible ble to be reviewed under these criteria. 7 . The Board of Adjustment shall substantially apply the list of criteria in determining the appeal. 8 . These criteria are not applicable to properties which ch are vacant , closed or those which have lost their non- conforming al status . g 9 . The utilization of these criteria is only applicable to property owners who purchased a buildingprior to initiation of the City-wide t h e Code Enforcement Program. The term "property owner " shall be applicable to w record ofpropertiesPP owners of . which have closed and the transaction recorded in the public records of Dade Count b 16, 1987 . Y y September Property owners of record after September 16, 1987 shall 1y with existing regulations or follow ordinary appellate or variance procedures. MLB/mr/rlw 07/16/87 09/09/87 09/29/87 OFFICE OF THE CITY ATTORNEY 6:4 Arm* Wave% F L. O R I D A koncot ARNOLD M. WEINER �.�.\ may;' P.O.BIN 190000 MIAMI BEACH,FLORIDA33119HCfTYATTORNEY ,, TELEPHONE: 673-7470 '. COMMISSION MEMORANDUM NO. 2 (- -- 3 8 DATE: July 29, 1987 TO: Mayor Alex D- •ud Members of he City •mmi -IV . . 411L FROM: Rob W. Par inslir '.4/ City Manager SUBJECT: Non-conformin• Inits Committee BACKGROUND: In the past year , the Non-conforming Units Committee has held meetings to evaluate the options p available to the City for the establishment of a policy regarding illegal residential units in the City. It has been estimated byCode Enforcementrthat there were several thousand such units in the City; each containing less than the required 400 square feet of space kitchens installed without P and many with t out permits. The inspections now being performed as a result of direction given to the South Pointe Strategy Committee, necessitates an immediate policy concerning the non-conforming units. The Non-conforming Units Committee had considered the following options in dealing with such units: 1 ) Demand conformity with City Codes; therebyrequiring square feet re q g that units with less than 400 s have kitchensq be made to conform and/or removed. 2 ) Permit the Board of Adjustment to hear applications for variances to the Code requirements; but requiring that all safety other building code requirements be met. 3) Establish a committee composed of Cityadministration and one or two private citizens to hear property owner requests for maintaining the undersized units . All other requirements would have to be met . Code Several meetings were held at which input fromr ro et and civic organizations was invited. p P y owners The majority feeling was that in order to encourage continued positiverowth in the units should conform to the building g City, u lding and zoning ordinances. In the event a property owner received a notice of violation involving an undersized unit and/or an illegally / installed kitchen, the property owner would be given the opportunity appeal the notice of violation to the Board of Adjustment . to Criteria were established by the City administration which would be applied by the Board of Adjustments in hearing the appeal . The criteria are attached hereto forE our review . applicable CityDepartment hasy Each p reviewed and recommended the criteria .. Additionally, the South Pointe r Pro et Owners ' Association has given its recommendation Property for approval . In the. event the City Commission passes the resolution approving the procedure of appeal and the criteria, g then the procedure will be immediately established and affected property owners able to avail themselves of the appellate procedure. willbe ocedure. AGENDA ITEM DATE - 87 Page Two ADMINISTRATION RECOMMENDATION: It is recommended that the CityCommission approve the resolution adopting the inspection and appeal process and the criteria retention of undersized units and erla for illegally installed kitchens . MLB/mr 07/22/87 , • 2 ORIGINAL RESOLUTION NO. 87-18989 (Adopting the inspection and appeal pro- cess and the criteria for retention of undersized units and illegally installed kitchens)