KENDALL COMMUNITY COUNCIL

Kendall Council gives homeowners a break

The Kendall Community Council approved two applications, one that will close Southwest 75th Street, but chose to defer a decision on a third home -- giving applicants time to make necessary changes.

valvarez@MiamiHerald.com

The Kendall Community Council on Tuesday night approved an application whose outcome will lead to the closing of a portion of Southwest 75th Street at Southwest 74th Avenue.

The application's approval, which asked for authorization of seven variances, puts an end to a 12-year process between the University Baptist Church of Coral Gables and area neighbors.

The street, presently a cul-de-sac surrounded by empty lots, had been a source of worry to the neighbors because of ''illicit and illegal'' activity taking place there, according to the applicants' lawyer, Ryan D. Bailine, of Sutts & Bowen LLP, who represented both the neighbors and the church at the meeting.

''They wanted to get the street closed to improve the safety of the neighborhood,'' Bailine said in a separate interview.

Area resident Enrique Suarez, whose house sits at the beginning of the street in question, said the empty street was at times treated as a place where teenagers parked and even threw parties.

''It's basically a street that doesn't get used very much and that's why we wanted it closed,'' Suarez said.

The application asked for changes on setbacks for a single-family residence as well as height limits for an iron fence, a wood fence and a rock wall.

The council also passed a second application which made first-time homeowners Ana and Javier Martinez happy.

''We just wanted to do what was right and have it approved,'' said Javier Martinez, whose house is located on 8860 SW 86th St., near Baptist Hospital.

The issue with the Martinez's home was simply that its previous owners had built the master bathroom too close to the property line and the Martinez's wanted approval of the 16-foot setback where a 25 feet is required.

For a third applicant, however, the outcome was different: their application was deferred.

The deferral gave Javier and Nidia Sarmiento, of 8614 SW 103rd Ave., the chance to make the necessary changes and bring a structure in their home up to code before they come before the council once again next month.

The Sarmientos, who purchased the home four years ago, said the structure, a screened backyard porch, had been there for three decades and that it was only when Hurricane Wilma hit that he was forced to replace some of the wood on its bottom and paint it that people took notice.

They then got a violation notice on their front door.

''It's very necessary for us to keep the porch,'' Nidia Sarmiento said. ``It allows us to enjoy the environment and the house.''

Javier Sarmiento also said he and his wife had come before the council to do the right thing and that keeping the screen assured him of his children's safety from alligators and other animals, since his backyard faces a lake.

However, the problem with the porch is not that it had been raised without the adequate permits, but that it is about a third short of the height requirement for 500 square feet, making it incompatible with the area.

''We have to draw the line with all these applications attempting to set precedence,'' said council member Peggy Brodeur.

The Sarmientos were recommended to talk to their architect and have her present at the next meeting so a middle ground can be determined between them and the county.

The next meeting is June 3.

''It's unfair for me,'' said Javier, who works as a security guard for DHL at Miami International Airport.

``We're trying to do things right and I spent all my savings on this. I want to keep it, but [I am] following the procedures and respecting my neighbors.''

 

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