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HomeMy WebLinkAboutR-02-0388J -02-209(b) 03/07/02 v9= ass RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A FRONT YARD SETBACK OF 5' 0" (20' 0" REQUIRED FRONT YARD) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14 STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON ATTACHED "EXHIBIT A," CONDITIONED UPON A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of February 4, 2002, Item No. 1, following an advertised public hearing, adopted Resolution No. ZB 2002-0532 by a vote of six to zero (6-0), DENYING a request for a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a front yard setback of 5' 0" 6 TACINA !1-4 T f1") CITY MbsMMSION MEErING 6F APP 1 1 2002 8ascawjoa NO. j4- 38S (20' 0" required front yard) for the properties located at approximately 170-180 Southeast 14 Street, Miami, Florida; and WHEREAS, the applicant has appealed the decision of the Zoning Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the recommendation of the Zoning Board, finds that the stated grounds for the appeal and the facts presented in support thereof do justify reversing the decision of the Zoning Board and granting the variance; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby grants the appeal, and reverses the decision of the Zoning Board (Resolution No. ZB 2002-0532, adopted February 4, 2002), thereby granting a variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, to allow a front yard setback of 5' 0" (2010" required) for the properties located at approximately 170-180 Southeast 14 Street, Miami, Florida, legally described on attached "Exhibit A," conditioned upon a time limitation of twelve (12) months in which a building permit must be obtained. Page 2 of 3 02— 388 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 11th day of April , 2002. 0-z MANUEL A,0 MAYOR ATTEST: BRISCILLA A. THOMPSO CITY CLERK APPROVED,jRS ArO FORM 1MV"CORRECTNESS : ATTORNEY **1+1- W6059:YMT:smg �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 0 K2- 388 Page 3 of 3 Exhibit "A" ALL SOUTH SURVEYORS, INC. PROFESSIONAL LAND SURVEYORS & MAPPERS and LAND PLANNERS MAEL TO: PHONE (305) 553-1410 P.O. BOX 55-7580 FAX (305) 553-9903 MIAMI, FLORIDA 33255 9245 &W. 44- STREET, MIAAM FL 33165 REPORT OF VACANT SITE B LANDS DESCREB PLAT BOOK 2 AT F MIAMI- DADE COUNT` ORIGINAL DATE: FEBRI CURRENT DATE: JUP SEE THE MAP OF BOUNDARY SURVEY, LANDS DESCRIBED IN PLAT BOOK _Z_ AT PAGE _9 , MIAMI DADE COUNTY, FLORIDA. THIS SURVEY MAP IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR AND MAPPER. THE SIGNATURE AND SEAL CAN BE FOUND AT THE END OF THIS REPORT. THE MAP AND REPORT ARE NOT COMPLETE WrMClUT THE OTHER. LEGAL DESCRIPTION: LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, IN BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, OF AMENDED PLAT OF POINT VIEW, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK NUMBER 1_ AT PAGE NUMBER 93 IN THE PUBLIC RECORDS OF DADE COUNTY- FLORIDA. AND THAT PORTION OF TIE VACATED ALLEY AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY ONE HALF (1/2) OF THE TI CExTIFIRD TO Ac FOR: SHOWN IN PLAT BOOK 2 AT PAGE 93, "AI THZ SAIL LLC-.. AFL�R_w LIIYBTED LI BILITY COMPANY VMW, ID THE CLIC RECORDS OFMIAMI-D XXX [w VACANT s1TE Orn R a STREET LYING ADJACENT TO THE SOUTHERLY LINE EAST 40 FEET OF LOT 11, ALL IN BLOCK MIAI4IL FLORIDA 33131 AFORESAID PLAT BOOK 2 AT PAGE 93. REVISION: NOVEMBER 18. 1990 . (ONLY TO CERTIRCATIONS). UjtaaLl a 1uP 2:1: i1 r a i P 11.1.� ACCURACY: THE EXPECTED USE OF THE LAND: AS CLASSIFIED IN THE AQNIMUM TECHNICAL STANDARDS (610176 FAC). IS "COMMERCIAL. HIGH RIW. THE MINIUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SURVEY IS 1 FOOT IN 10,000 FEET. THE ACCURACYOBTAI ED BY MEASUREMENT WITH A SOMA THEODILITE AND A SOKKIA 200 FOOT STEEL TAPE AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO MOCEED THIS REQUIREMENT. DATA SOURCES: -" THE DESC�TION WAS FURMSWD BY THE CLIENT. ATTORNEYS' TrME INSURANCE FUND, INC., NO. C-2560846, BROAD AND CASSEL, ATTORNEYS AT LAW. AND NATT[)NCAANK N A THEIR TM,EP(XJCYNO. : OPM-1199164. MORE PARTICULARLY DESCRIBED AS: COMMENCING (P.O.C.) AT THE NORTHEASTEI BLOCK 2 OF THE SAID PLAT, THENCE RU' DISTANCE OF 138.14 FEET TO THE POINT O: THE AFORESAID NORTHERLY ONE HALF (1/2 ALLEY; THENCE CONTINUE ALONG THIS DISTANCE OF 5.12 FEET TO A POINT, WH: AND SOUTHERLY IMM OF THE AFORESAID (1/2) OF THE STATED ALLEY; THENCE RUL• DISTANCE OF 12147 FEET TO A POINT; THE' FOR A DISTANCE OF SAO FEET TO A SOUTHWEST CORNER OF THE EAST 40 FEET 11; THENCE RUN S 75 -00' -00" T, FOR AD TO THE POINT OF BEGINNUIG. (OFFICIAL RECORD BOOK 18703 PAGE 3843 - 404 02'-- 388 ZONING FACT SHEET Case Number: 2001-0512 04 -Feb -02 Item 1 Location: Approximately 170-180 SE 14 Street Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Renzo Renzi on behalf of The Sail, LLC 3052 SW 27 Avenue, #101 Miami, FL 33133 App. (305) 446-8807 Zoning: SD -5 Brickell Avenue Area Residential -Office District Request: Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, Minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a front yard setback of 5'- 0" (20'-0" required), side yard setbacks of 0'-0" (west side) and 4'-6" (east side) (15'-0" required) and a rear yard setback of 0'-0" (15'-0" required). Continued from Zoning Board hearing of 1/28/02. Purpose: Recommendations: Planning Department: Please see attached. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: N/A. Violation(s) N/A. Ticketing Action: N/A. Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: History: Analysis: Please see attached. Zoning Board Resolution: ZB 2002-0520 Last Hearing Found N/A. Comply Order Zoning Board: Continued from the hearing of January 28, 2002 to February 04, 2002. By four separate motions, the board approved two variances to allow: a side yard setback of 0'0" (west side) (15'0" required), a rear yard setback of 0'0' (15' required); and denied two variances to allow: a front yard setback of 5'0" (20' required), a side yard setback of 4'6" (east side) (15' required). Vote: 4-2 City Commission: N/A. ®2® 388 Miami Zoning Board Resolution No.: 2002-0532 Monday, February 4, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A FRONT YARD SETBACK OF 5'0" (20' REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14TH STREET, LEGALLY DESCRIBED AS LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, POINT VIEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. Ileana Hemandez-Acosta Mr. Humberto J. Pellon Mr. Juvenal A. Pina Mr. Allan Shulman Mr. Angel Urquiola Mr. Georges Williams AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 6-0 � A c Away Yes Yes Away Away Yes Yes Yes Yes 0 Teresita L. Fernandez, Executive Secreta Department of Planning and Zoning Hearing Boards Division Case No. 2001-0512 Item Nbr: 1 02-° 388 PZ 2 ZONING FACT SHEET Case Number: 2001-0512 04 -Feb -02 Item 1 Location: Approximately 170-180 SE 14 Street Legal: (Complete legal description on file with the Hearing Boards Division) Applicant: Renzo Renzi on behalf of The Sail, LLC 3052 SW 27 Avenue, #101 Miami, FL 33133 App. (305) 446-8807 Zoning: SD -5 Brickell Avenue Area Residential -Office District Request: Variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8, Minimum yards, setbacks, open space, through block connections, waterfront walkways, to allow a front yard setback of 5'- 0" (20'-0" required), side yard setbacks of 0'-0" (west side) and 4'-6" (east side) (15'-0" required) and a rear yard setback of 0'-0" (15'-0" required). Purpose: This will allow new construction within the required setbacks. Recommendations: Planning and Zoning Dept.: See supporting documentation. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: N/A. Last Hearing Found N/A. Violation(s) N/A. Ticketing Action: N/A. Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded Comply Order CEB Action: History: Zoning Board Resolution: ZB 2002-0520 Analysis: Please see attached documentation. Zoning Board: Continued from the hearing of January 28, 2002 to February 04, 2002. By four separate motions, the board denied: Part A - a front yard setback of 5'-0" (20'- 0" required), Vote: 4-2 and Part B2 - side yards setback 4'-6" (east side) (15'-0" required), Vote: 6-0; and approved with conditions: Part B1 - a side yard setback of 0'0' (15' required), Vote: 6-0 and Part C - rear yard setback of 0'-0" (15'-0" required), Vote: 6-0. City Commission: N/A. 02-~ 188 flffflffl A T T O R N E Y S A T L A W Lucia A. Dougherty (305) 579-0603 E -Mail: doughertyl@stlaw.com February 11, 2002 VIA HAND -DELIVERY Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 444 S.W. 2nd Avenue, 7th Floor Miami, Florida 33130 UL' i L , .t Z5 Re: Appeal of Zoning Board Decision Case # 2001-0512 Renzo Renzi on behalf of The Sail, LLC, Approx. 170-180 SE 14 Street, Miami, FL 33132 Dear Ms. Fernandez: Pursuant to Section 1201 of the City of Miami Zoning Ordinance (the" Zoning Ordinance"), this letter constitutes the appeal of The Sail, LLC (the "Appellant"P'Applicanf) of a decision (the "Decision") rendered by the City of Miami Zoning Board to deny two variances for the above referenced Property (the "Property'). The Property is located in the SD -5 Zoning District on SE le Street between Brickell Avenue and Brickell Bay Drive. The site is located on a block comprised of high density, multi- family buildings. The Property is adjacent to the Brickell Premier and the Property is surrounded by the parking deck of the Fortune House to the South and West. The Applicant requested 4 variances for this project. A rear and west side yard variance was granted by the Zoning Board on February 4, 2002. The Board declined to grant variances for the front and east side of the Property. The Applicant plans to develop a 152 Unit residential building on the Property. JIM developer plans to provide the required parking of one space per unit, plus an additional 43 spaces for a total of 195. The configuration of this site results in an angular side yard on the east side of the Property. As a result there is insufficient space to construct an efficient parking deck without extending the parking ramp into the east side yard setback. The Applicant is requesting a variance to provide for a 4 feet, 6 inch side yard setback on the east side yard. The Brickell Premier project located adjacent to the Property was granted a variance to locate its parking garage within 15 feet of the property line. The design of the Applicant's project minimizes the area of the parking garage that is visible from the street. Without the side yard variance, the parking ramp would reduce the floor plate size of the garage, and require GREENBERG TRAURIG, P.A. 1) 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 02— ._ 305-579-0500 FAX 305-579-0717 www.gtlaw.com KtAYI NEW YORK WASHINGTON, D.C. ATLANTA PHILADELPHIA TYSONS CORNER CHICAGO BOSTON PHOENIX WIL*INfCtiTON LQ`iArNrAT-ES DENVER SIO PAULO FORT LAUDERDALE SOCA RATON WEST PALM BEACH ORLANDO TALLAHASSI,, . Letter to Teresita Fernandez Dated February 11, 2002 Page 2 additional levels for the parking garage. Also, this variance is being requested for only the parking ramp which abuts the parking garage of the Brickell Premier project. The variance will not be utilized by the residential tower of the Project. Second, the sides and rear of this parcel completely abut a parking garage, or a planned parking garage in the case of Brickell Premier that is located 4 feet from the property line, not the required 15 feet. A variance of the side yard setback to provide space for this parking ramp will not cause any undue harm to the Property's neighbors because those neighbors are parking garages. Finally, this variance has been granted to the Brickell Premier, the Millennium, and to Espirito Santo. We do not believe that our Property should be treated any differently. The second variance that is being requested is a variance of the front yard setback. The Applicant has designed a project that is architecturally sensitive to its surroundings, and seeks to minimize the impacts of an above ground parking garage on the neighborhood. Therefore, the Applicant has incorporated an arcade feature to the building frontage that covers the parking garage. To accomplish this design, the Applicant will need a variance from the 20 feet of required front yard setback. The Applicant plans to provide 5 feet of front yard setback in order to construct this arcade. This variance is justified because the size of the parcel is small due to its unusual configuration. As noted above the Applicant is providing the required parking, but intends to limit the number of floors necessary to provide this parking. The denial of this variance will result in two unnecessary results. One, the Applicant will redesign the project without the arcade and without an aesthetic buffer on the parking garage. Second, the applicant may construct the arcade within the 20 feet setback, but then be required to build more decks of parking to meet the parking needs of the Project. Based on the foregoing, the Appellant respectfully requests that the decision of the Zoning Board be reversed. cc: Renzo Renzi Respectfully submitted, GREENBERG AURIG, P.A. By: Lucia A. Dougherty 02- 38S GREENBERG TRAURIG, P.A. ANALYSIS FOR VARIANCE 170-180 SE 14th STREET - Part A Case No. 2001-0512 Pursuant to Section 605.8 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for Variances as follows: Front yard setback: Required - 20'-0" Proposed - 5'-0" The following findings have been made: • It is found that the subject property consists of a single parcel with a gross lot area of 24,823 square feet, which is smaller than the typical parcels located within the SD -5 zoning district. • It is found that the proposed mixed-use project will benefit the Brickell Avenue Residential -Office District by creating new housing opportunities for residents and employees of the area. • It is found that the subject property, although constituting a hardship due to size, does not have sufficient hardship to justify the specific variance requested herein. The parcel is small, but with respects to the front setback, can be designed in a manner which respects this requirement. • It is found that the grant of this variance would be injurious to the area in that sufficient hardship does not exist to justify the reduction in front setback. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. 02- 388 ANALYSIS FOR VARIANCE 170-180 SE 14th STREET - Part B Case No. 2001-0512 Pursuant to Section 605.8 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for Variances as follows: Side yards setback: Required - 15'-0" Proposed - 0'-0" (West) The following findings have been made: • It is found that the subject property consists of a single parcel with a gross lot area of 24,823 square feet, which is smaller than the typical parcels located within the SD -5 zoning district. • It is found that the proposed mixed-use project will benefit the Brickell Avenue Residential -Office District by creating new housing opportunities for residents and employees of the area. • It is found that the subject property has a hardship along its West side yard due to the small size of the lot in comparison to other properties zoned SD -5. This particular setback variance request is justified in that it is necessary for reasonable use of the site, and will have no adverse impact to the adjacent property to the west side, due to the fact that there is a parking structure located on that edge of the property. • It is found that the grant of this variance, for the specific use that the applicant is requesting, is in harmony with the general intent and purpose of the SD -5 `Brickell Avenue Area Residential -Office Use" district and is not injurious to the neighborhood Based on these findings, the Planning and Zoning Department is recommending approval of the variance request as presented, with conditions. Conditions for approval: 1. Redesign the project to eliminate the front and east end variances; such modified design shall be subject to review and approval by the Planning and Zoning Department. 02-- 388 ANALYSIS FOR VARIANCE 170-180 SE 14`h STREET - Part B 2 Case No. 2001-0512 Pursuant to Section 605.8 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for Variances as follows: Side yards setback: Required - 15'-0" Proposed - 4'-6" (East) The following findings have been made: • It is found that the subject property consists of a single parcel with a gross lot area of 24,823 square feet, which is smaller than the typical parcels located within the SD -5 zoning district. • It is found that the proposed mixed-use project will benefit the Brickell Avenue Residential -Office District by creating new housing opportunities for residents and employees of the area. • It is found that the subject property, although constituting a hardship due to size, does not have sufficient hardship to justify the specific variance requested herein. The parcel is small, but with respects to the East setback, can be designed in a manner which respects this requirement. • It is found that the grant of this variance would be injurious to the area in that sufficient hardship does not exist to justify the reduction in the East setback, and, as designed, this project's encroachment into the setback area along the West could have an adverse impact on the adjacent project (to the east). Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. 02- 388 ANALYSIS FOR VARIANCE 170-180 SE 14th STREET - Part C Case No. 2001-0512 Pursuant to Section 605.8 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for Variances as follows: Rear yard setback: Required - 15'-0" Proposed - 0'-0" • It is found that the subject property consists of a single parcel with a gross lot area of 24,823 square feet, which is smaller than the typical parcels located within the SD -5 zoning district. • It is found that the proposed mixed-use project will benefit the Brickell Avenue Residential -Office District by creating new housing opportunities for residents and employees of the area. • It is found that the subject property has a hardship along its rear side yard due to the small size of the lot in comparison to other properties zoned SD -5. This particular setback variance request is justified in that it is necessary for reasonable use of the site, and will have no adverse impact to the adjacent property to the rear, due to the fact that there is a parking structure located on that edge of the property. • It is found that the grant of this variance, for the specific use that the applicant is requesting, . is in harmony with the general intent and purpose of the SD -5 "Brickell Avenue Area Residential -Office Use" district and is not injurious to the neighborhood Based on. these findings, the Planning and Zoning Department is recommending approval of the variance request as presented, with conditions. Conditions for approval: 1. Redesign the project to eliminate the front and east end variances; such modified design shall be subject to review and approval by the Planning and Zoning Department. Note: The project, as presented, (Parts A, B and C) also requires the following special permits (to be reviewed separately): 02- 388 Class II Special Permit for new construction in the SD -5 "Brickell Avenue Area Residential -Office District". Class II Special Permit for offsite affordable housing bonus of one (1) times the Gross lot area. Class II for reduction of loading area. Class I Special Permit for Pool. With respect to the Class H Special Permit application for the list above, the Planning and Zoning Department will review the special permit separately upon a final conclusion of the requested variances in that the project may be modified. 02- 288 Miami Zoning Board Resolution No.: 2002-0532 Monday, February 4, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A FRONT YARD SETBACK OF 5'0" (20' REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14TH STREET, LEGALLY DESCRIBED AS LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, POINT VIEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Away Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez,Acosta Away Mr. Humberto J. Pellon Away Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 6 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 3 Ms. Fernandez: Motion carries 6-0 Case No. 2001-0512 74�N 1 \,j(')e4 'r/1 Teresita L. FemaKdez, Executive Secreta Department of Planning and Zoning Hearing Boards Division Item Nbr: 02- 388 Miami Zoning Board Resolution No.: 2002-0523 Monday, February 4, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD DENIED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A SIDE YARD SETBACK OF 4'6" (EAST SIDE) (15' REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14TH STREET, LEGALLY DESCRIBED AS LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, POINT VIEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. Upon being seconded by Mr. Angel Urquiola, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A Garavaglia Ms. Ileana Hemandez-Acosta Mr. Humberto J. Pellon Mr. Juvenal A. Pina Mr. Allan Shulman Mr. Angel Urquiola Mr. Georges Williams Away Yes No Away Away No Yes Yes Yes AYE: 4 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 3 Ms. Fernandez: Motion carries 4-2 Case No. 2001-0512 I Teresita L. Femandez, Executive W ry Department of Planning and Zoning Hearing Boards Division Item Nbr: Exhibit "A" ALL SOUTH SURVE'YORSr INC. PROFESSIONAL LAND SURVEYORS & MAPPERS and LAND PLANNERS MAH. TO: '.O. BOX 55-7580 MIAMI, FLORIDA 33255 PHONE (305) 553-1410 FAX (305) 553-9903 9245 S w. 40 STREET, NIIANa FL 33165 REPORT OF VACANT SITE B LANDS DESCRIB PLAT BOOK 2 -AT F ORIGINAL DATE: _ FEBRi CURRENT DATE: MAP OF VACANT SITE BOUNDARY SURVEY FOR SEE THE MAP OF BOUNDARY SURVEY, ]ANDS DESCRffiED IN PIAT BOOK _2_ AT PAGE _ 93 _ , MIAMNDADE COUNTY, FLORIDA THIS SURVEY MAP IS NOT VALID WnHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF 713E FLORIDA UCENSED SURVEYOR AND MAPPER THE SIGNATURE AND SEAL CAN BE FOUND AT THE END OF THIS REPORT. THE MAP AND REPORT ARE NOT COMPLETE WITHOUT THE OTHER LEGAL DESCRIPTION: LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, IN BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, OF AMENDED PLAT OF POINT VFW, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK NUMBER,2 AT PAGE NUMBER 9i IN THE PUBLIC RECORDS OF DAIllr COUNTY• FLORIDA . AND THAT PORTION OF THE VACATED ALLEY AS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY ONE HALF (1/2) OF THE TE CERTIFIED' TO & FOR: SHOWN IN PLAT BOOK 2 AT PAGE 93, "A11 TAR sin_ I_r_c -, w vrnQtgA Tag= LIABII.ITY COMPANY Vim", IN THE PUBLIC RECORDS OFMIANI-D: Jatx rw vwcwNr sLrl'E orn S E I4 STREET LYING ADJACENT TO THE SOUTHERLY LINE ( �A• VACANT r AL��� EAST 40 FEET OF LOT 11, ALT. IN BLOCK 2 1l41AML FLORIDA 33131 AFORESAID PLAT BOOK 2 AT PAGE 93. W 1 E. , aP: a i u INo _i z 141 -aq REVISION: NOVF, AM 18. 1998 . (ONLY TO CERTffiCATIONS). ACCURACY: THE EXPECTED USE OF THE LAND: AS CL ASSIIIIED IN TIM )ADM& M TF.GB+IICAL STANDARDS (61G17-6 FAC} IS TOMAMCIAL HMH RI8K". TIM MDU M RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SURVEY IS 1 FOOT IN 10,000 Mr. TBE AGCURACYOBTAMED BY MFAS]REMWr WITH A SOKKIA THEOD11= AND A SOEUA 200 FOOT STEEL. TAPE AND CALCULA71ON OF A CLOSED GEOMETRIC FIGURE WAS FOUND 70 EXCEED THIS REQUIREMM 6ATA SOURCES: 06, TILE D1 sc�TLON wAs FURriLs� SY THE CLEM. ATTORNEYS' TITLE INSURANCE FUND, INC., NO. C-2560846, BROAD AND CASSEL, ATTORNEYS AT LAW. AND NATI(1NCRANK NA THEIR TITLE POLICY NO.: OW -1 1"164. MORE PARTICULARLY DESCRIBED AS: COMMIrNCING (I' O.C.) AT THE NORTHEASTER BLOCK 2 OF THE SAID PLAT; THENCE RID DISTANCE OF 138.14 FEET TO THE POINT 01 THE AFORESAID NORTHERLY ONE HALF (1/2' ALLEY; THENCE CONTINUE ALONG THIS DISTANCE OF 5.12 FEET TO A POINT, WED AND SOUTHEBLY LENZ OF THE AFORESAID (1/2) OF THE STATED ALLEY; THENCE RUN DISTANCE OF 122A7 FEET TO A POINT; TRIP FOR A DISTANCE OF 5.00 FEET TO A '. SOUTHWEST CORNER OF TBR EAST 40 FEET 11; THENCE RUN S 75 -00' -00" F FOR ADI TO TBE POINT OF BEGINNING (OFFICIAL RECORD BOOK 18703 PAGE 3843 4 04 V2-- 388 Miami Zoning Board W FAWA .w. 20234PG24$I 02R 12304 7 2042 HAlt 01 49:41 Resolution No.: 2002-0533 Monday, February 4, 2002 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, WATERFRONT WALKWAYS, TO ALLOW A SIDE YARD SETBACK OF 0-0" (WEST SIDE) (15' REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14TH STREET, LEGALLY DESCRIBED AS LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, POINT VIEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. THIS VARIANCE WAS GRANTED WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY THE PLANNING AND ZONING DEPARTMENT: REDESIGN THE PROJECT TO ELIMINATE THE FRONT AND EAST END VARIANCES; SUCH MODIFIED DESIGN SHALL BE SUBJECT TO REVIEW AND APPROVAL BY THE PLANNING AND ZONING DEPARTMENT. Upon being seconded by Mr. Georges Williams, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Away Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Away Mr. Humberto J. Pellon Away Mr. Juvenal A. Pine Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 6 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 3 Ms. Fernandez: Motion carries 6-0 ,. Teresita L. Fernandez, Executiv er Department of Planning and Zoning Hearing Boards Division Case No. 2001-0512 Item Nbr: 1 p 02,- 388 BFftfC.it. Miami Zoning Board 2 0 2 3 4 PG 2 4 8 2 Resolution: ZB 2002-0533 Monday, February. 04, 2002 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, Teresita L. Fernandez, Clerk of the Zoning Board of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution for a Variance request. SWORN AND SUBSCRIBED BEFORE ME THIS 2? DAY OF r' -b+ "C" , 2002. �Gir1CS5G r^ Cl S -ii I � � Print Notary Name Personally know 4 or Produced I.D. Type and number of I.D. produced / Did take an oath or Did not take an oath Y C� Notary Public State of Florida My Commission Expires: �po' N Vanessa Casco . *My Comd lan CC853181 EVNU July 11, 2003 IMOF X;MREC0WS8= OF44MCOWY, FLORM RENORD VERIFIED HARVEY RI IN CLERK cimew couRr — 388 Case, No.,:, 2001-0512 Item Nbr: 1 Miami Zoning Board 2 F 1239048 2002 MAR 0t 09:41 Resolution No.: 2002-0531 Monday, February 4, 2002 ry Away p Sit Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption tv Mr. Charles A. Garavaglia w P Resolution: -a Away AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE N 11000, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE 11000, AS Mr. Juvenal A. Pina AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8, co MINIMUM YARDS, SETBACKS, OPEN SPACE, THROUGH BLOCK CONNECTIONS, cia WATERFRONT WALKWAYS, TO ALLOW A REAR YARD SETBACK OF 0-0" (15- REQUIRED) Mr. Angel Urquiola FOR THE PROPERTIES LOCATED AT APPROXIMATELY 170-180 SOUTHEAST 14TH Yes STREET, LEGALLY DESCRIBED AS LOT 9, THE EAST 15 FEET OF LOT 10, THE WEST 35 FEET OF LOT 10 AND THE EAST 40 FEET OF LOT 11, BLOCK 2, LESS THE NORTHERLY 10 FEET THEREOF, POINT VIEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, 6 FLORIDA; ZONED SD -5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. THIS NAY: VARIANCE WAS GRANTED WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY 0 THE PLANNING AND ZONING DEPARTMENT: REDESIGN THE PROJECT TO ELIMINATE NO VOTES: THE FRONT AND EAST END VARIANCES; SUCH MODIFIED DESIGN SHALL BE SUBJECT TO REVIEW AND APPROVAL BY THE PLANNING AND ZONING DEPARTMENT. 3 Upon being seconded by Mr. Georges Williams, the motion was passed and adopted by the following vote: Mr. Charles J. Flowers Away Mr. Joseph H. Ganguzza ALI Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Away Mr. Humberto J. Pellon Away Mr. Juvenal A. Pina Yes Mr. Allan Shulman Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 6 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 3 Ms. Fernandez: Motion carries 6-0 Teresita L. Fernandez, Executive Secre Department of Planning and Zoning Hearing Boards Division Case No. 2001-0512 Item Nbr1 02- 388 l ALI Teresita L. Fernandez, Executive Secre Department of Planning and Zoning Hearing Boards Division Case No. 2001-0512 Item Nbr1 02- 388 l Miami Zoning Board 2 0 2 3 4 PG 2 4 8 4 Resolution: ZB 2002-0531 Monday, February 04, 2002 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, Teresita L. Fernandez, Clerk of the Zoning Board of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution for a Variance request. rsd- SWORN AND SUBSCRIBED BEFORE ME THIS oa DAY OF ��'� , 2002. 1%Gnts5G C G s4I (o Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: 4,,..,,_ vwwm casOlo ** apt CC853181 o,�+M"Oot Expires July 11.2003 RSL�OROEpWORVOL AWORDS800K DFaWECouvnt FLOFWWL PX40W VERIFIED HARVEY RUVIN CLERK CIRCUIT COURT 02-- 388 Case No.: 2001-0512 Item Nbr: 1 _ e .2 7 13 be a f 16 , . 3 . 2 1 N • 11 N ! ! 1 H • 3 • • 7 a i sL QST hh 70 a N' ou y N° 1• 1• a0 t f f ,• ' n r N ■ It 13 M 1• N 17 'I• . is e so Mre. 1 r w p r3 _ e .2 7 13 be a f 16 , . 3 . 2 1 N 17 11 rNA 13 If st iz i3 • - \ ''W(1F}r p I�1 {2 S43 T s m V p f 3Ic 9 r� n u zo f e w Is u n I, SOIJTHSIDE ELEM. 22 23 MutU 11 ' z SCHOOL �,r. AL oe r• y •e Lc. rR14el— AMA y48 Sj p S.W. 13 00, ST. S.E. 13 St s •I 3 •, U ti - 1.73 ° 940 9S 2,r Q - q�-q ,• s I 4 , p Ii O N IS 1i 17 • N. N n la - 20 S.W. • 14 'ST s _ , z ucF s ' 4 � Ga = . •Ve S • •, /�//� ' • gT 10 96 v � 'se 4 • ° S 11 U r. 1' S � � • FORTe yap': SW. L 14 TERR. • p T*4ctLS42q pg • 'rs �a T ,9 9 r 0 _98 6 99 f• w 4CT •A• ca R FR s ^ = r ,_ 1• Ps �'� S•i N '.Y '!O I as 4 Alf <Q'pw*` ,. PQ,�. O� yyM .,• a" ° ; r� : ' zz n � = so. r - y' '� ' • ' U@YF COSTA BELL1= v '`' ^�� . e *{� • • ` 1 .�` 5118' low �f `s1p a v •' .• 616be 10-1 .� /� i - 02" 388 S• LEGEND Sr' MI/.MI CITY LIMITS \ \ RAILROADS �'• /S, SPECIAL PUBLIC WMEST . .�vV I R1 HISTORIC PRESERVATION �•�' 1903.2. Written petition. A written petition for a variance is submitted to the officer or agent of the city specified by the city manager demonstrating all of the following- (a) ollowing (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or build- ings in the same zoning district; (b) The special conditions and circumstances do not result from the actions of the peti- tioner; (c) Literal interpretation of the provisions of this zoning ordinance deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this zoning ordinance and works unnecessary and undue hardship on the petitioner; (d) Granting the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district; (e) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building, or structure; and (f) The grant of the variance is in harmony with the general intent and purpose of this zoning ordinance, and is not injurious to the neighborhood, or otherwise detrimental to the public welfare. 02- 388 PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2nd Avenue, 7"' Floor • Miami, Florida 33130 Telephone 305-416-1480 • Fax 305-416-2035 APPLICATION FOR VARIANCE ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE, IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. RECORDATION COST FOR THE RESOLUTION IS $6.00 FOR THE FIRST PAGE AND $4.60 FOR ADDITIONAL PAGES. ALL FEES ARE SUBJECT TO CHANGE. A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off-street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). Renzo Renzi on behalf of 1, The Sail, LLC hereby petition the City of Miami Zoning Board for a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at 170-180 S. E. 14th Street Miami, Florida _,folio number 01-0210-050-2270/ 01-02107 Nature of proposed use (please be speck): - Z Z 8 0 . Three original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Two 11x17" -original plans- and one 24x36° -original -plan, signed and sealed by a State of Florida Registered Architect or Engineer showing property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 3. Plans need to be stamped by the Hearing Boards Division first and then signed by Public Works, Zoning and Planning prior to submission of application. 4. An 8 % x 11" copy of the signed plans attached to this application. 5. An 8 % x11" copy of all exhibits that will be presented at the hearing shall be attached to this application. 6. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 7. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of the subject property (see pages 7 and 8). 8. At least two photographs that show the entire property (land and improvements). 9. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Cost of processing according to Section 62-156 of the City Code: CS, PR, R-1, R-2, (single-family and duplex residential uses) Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot Minimum All applications for Variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended Minimum $ 250.00 $ 45.00 $ 700.00 $ .10 $ 650.00 Application for Variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per Variance: CS, PR, R-1, R-2 $ 250.00 All other residential districts $ 450.00 All nonresidential districts $ 550.00 Extension of time for Variance $ 500.00 Public hearing and public meeting mail notice fees, including -cost of ttandtft and malting per notice 3.50 Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies of the City; such surcharge to be refunded to the applicant if there is no appeal by the applicant or from a property owner within five hundred (500) feet of the subject property. 2 02-- 388 12. The Variance request is for relief from the provisions of Section 605.8.1 of the City of Miami Zoning Ordinance as follows: We are requesting setback variances for the front yard, interior side yards and interior rear. The front yard request is for 5 feet where 20 feet is required. The West side yard request is for 0 feet where 15 feet is required. The East side yard request is for 4 feet 6 inches where 15 feet is required. And the rear request is for 0 feet where 15 feet is required. 13. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Section 1903 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six terms are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) The setback variances are necessary due to the unusual shape of the property as it is configured. (b) The special conditions and circumstances do not result from the actions of the petitioner in that:: The Applicant has no control over the unusual configuration of the lot nor the requirements for setbacks for properties which are not significant in width and depth. (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of .rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that: Literal interpretation of the setback requirement of the Zoning Ordinance would prohibit the Applicant from constructing what is permitted by the Zoning Ordinance in the SD -5 District. (d) Granting the Variance requested will not confer on the petitioner that special privilege that is dented by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: The Applicant is requesting for the minimum setback variances which will enable the construction of the building as permitted by the Zoning Ordinance. 3 02- 388 (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or -structure in that:: This request is the minimum variance which will make the reasonable use of the land possible. (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The property is surrounded by adjacent highrises and parking garages. By granting these variances will allow for the development of the property which will be compatible with the neighboring properties and buildings. Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with this plication. Signature: Name: THE SAIL) LLC Address: 3052 S.W.'27' Avenue, #101 Miami, Florida 33133 Telephone: (305)446-8807 Date: December 7, 2001 "'_ 38 ry 4 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this_ 20Q. _ _ �, by f —day of , who is an individual personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) OFFICIAL NOTARY SEAL V AURA K. R I'm NOTARY PUBLIC F., -;:i g CF FLORIDA COMMISSION W. C09MOMI MY COMMISSION EXP. JAN. 2D,1004-1 STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this day of December 20 01 , by Renzo Renzi of The Sail, LLC a r1 nri_da corporation, on behalf of the corporation. He/She is personally known to me or has produced L . as identification and who did id not) take an oath. (Stamp) Sig OFFIC ALNOTP.RYSEAL '.AURA K IREP2I NOTARY PUBLIC_ STATE F FLORIDA COMMISSION NO. CC9t W'.G z MY COMMISSION EXP. AIV. 2G STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 , by partner (or agent) on - behalf of , a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature 5 02- 388 _ . es, I AFFIDAVIT Renzo Renzi on behalf of Before me, the undersigned authority, this day personally appeared The Sail, LLC who being by me first deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, ❑ including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant Name . STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of December 20 Ul , by Renzo Renzi of The Sail, LLC a ori corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did ot) take an oath. MUM. NrJ'I'ARTRAi. "r -N71 Stam r P oRIDA Signat (Stamp) NOTARY':. � :.. .... ;c X44181 MY CCi i e:., i•.:%i : /Ci'. 20XN 02-- 388 OWNER'S LIST Owner's Name The Sail, LLC Mailing Address 3052 S.W. 27 Ave, #101, Miail,C94 33133 Telephone Number (305) 446-8807 Legal Description: See attached Exhibit "A" Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 500 feet of the subject site is listed as follows: Street Address Legal Description None Street Address Street Address Legal Description Legal Description 6 02- 388 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 170-180 S.E. 14th Street See attached Exhibit "A" 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. The Sail, LLC is owned by: Renzo Renzi 50% Pascual Renzi 50% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. None D?'rQ'_1 20 R,�r'L1 v Owner or Attorney for Owner Name Owner Attorney for Owner Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 20 01 by Renzo Renzi of a as LC aFlorida corporation, on behalf of the corporation. He/She is personally known to me or has produced IT) ( as identification and who did (did not) take an oath. (Stamp) OFFICIAL OTARYSEAL LAURA K RFtNar NOTARY PUBLIC ST_=:s' , :r1 COMMMON NG... MY COMMISSION EXP. A- tl_� - - __ Signature C, --- o2- 388 Z!to 1111 OFF. NEC OIL 9956PG3352 Kerry E. Rosenthal, Esq. Attorney at Law ROSENTHAL ROSENTHAL RASCO 287S N.E.191 Street Suite 500 01RS65344 2401 OCT 15 13:19 Aventura, FL 33180 iCICSTPDEE 0.60 SURTX 0.45 File Number: 1244-001 WRVEY RUVINt CLERK DAOE OUMP FL Will Call No.; - [Space Abm This line for Recording Data? . Warranty Deed This Warranty Deed made this 24th day of September, 2001 between OLIVE BAY CORP., a Florida corporation whose post office address is 100 South Biscayne Blvd., Suite 1100, Miami, FL 33131, grantor, and THE SAJJL, L.L.C., a Florida limited liability company whose post officeaddress is 3052 S.W. 27th Avenue, Suite 101, Coconut Grove, FL 33133, grantee: (whermver used herein the terms "grantor" and "goatee" indndc :di the ntuties to this uWnnncnt and the heirs, legal representanves. and aseips of individuals. and rho sant ms and assigns of corporations, frosts and tnutees) Witnesseth, that said grantor, for and in consideratlan of the sum of TEN AND NO/100 DOLLARS ($1x.04) and other good and valuable considerations to said grantor in hated paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forem, the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: Lot 9, the East 1S fact of Lot 10, the West 35 -feet of Lot 10 and the East 40 feet of Lot 11, in Block 2, less the Northerly 10 feet thereof, of AMENDED PLAT OF POINT VIEW, according to the Plat thereof, as recorded in Plat Book 2, Page 93. of the Public Records of Miami -Dade County, Florida. Parcel Identification Number. 01-0210-050-2270 & 01-021.0-050-2280 Subject to taxes for 2001 and subsequent years; covenants, conditions, restrictions, easements, reservations and limitations of record, if any, provided that this shalt not serve to reimpose the same; and all applicable building and zoptug regulations stud ordinances imposed by applicable governmental authorities. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the some in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfWly seized of said land in fee simple; that the grantor has good not and iawfltl authority to sell and convey said land; that the grantor hereby fblly warrants the title to said land and will defend the -same -against Ste lawful claims of all persons whomsoever; and that said land is &x of all encumbrances, except taxes ac=ing subsequent to December 31, 2000. 02- 388 DouWaTimee JAgtl ?Y)31 VVI V9 An'?;)n TTRS 999 904' TVJ 7.f"QT 1V *n -on 7r (In M1 Off_ RECBli. 19955PG3353 In Witness Whereof, grantor has hereunto set grantor's hand and.scal the day and year first above written. Signed, sealed and delivered in our presence: OLIVE B Y C*1 aFl on Witness Name: S TIBOR14OLLO President Witness Name: o - (corporate Seal) State of Florida County of Miami -Dade The foregoing instrument was acknowledged before we this day of September, 2001 by TWOR TIOLLO, President of OLIVE BAY CORP., a Florida corporation, on. behdf of the corporation. He is personally known to me or U has produced a driver's license as identification. bh [Notary Seal] otary c Printed Name: 4.6-C My, Commission Expire$: Wwrdi.y,Doed - F*V 2 TA14(T lyr)IM VVVQ j dz I J 1ZL-Ir'01* 10. 02- 16388 D*uM6T1rne* TTQ0 9040 enp 'VVJ Vr-:0-r ! 9956PG3354 EXBIT "A" _LEGAL DESCRIPTION "ARMWN 7 02- -88 1`!1!� I� T.T^JR 'Tvn7^T ti\'vo �•c'7�n ., ,.., TTon ASAP f•n(+ rc � n.+•nr STM. c'Vn 97h t�.1�EiC61t. - 199:56PG3355 .: Kerry E. Rosenthal, Esq. Attorney at Law R0,5ENTRAL ROSENTE AL RASCO 2875 N.E. 191 Street Suite 500 Aventura, FL 33180 File Number: 1246-001 Will Call No.: [Spam Above This Line For Recording Dift Quit Claim Deed 8 iR8565395 2001 OCT 15 0:19 MIME 17.100.00 SURTX 12Y825.00 HARVEY RUV t N 9 CLERK DAN CM04TY P FL This Quit Claim Deed made this 24th day of September, 2001 between OLIVE BAY CORP.. a Florida corporation whose post office address is 100 South Bis=yne Blvd., Suite 11.00, Miami, FL 33131, grantor, and THE SAM' L.L.C., a Florida limited liability company whose post office rddress is 3052 S.W. 27th Avenue, Suite 101, Coconut Grove, FL 33133, grantee: (Whenever used baeie the tams "grmtor" and "grantee" include :41 the patties to this Snstnnnent and the heirs, Iegal representatives, 2nd aaigm of individu^.is, and the successors and assigns of corporations, tussle snit trim es) Witnesseth, that said grantor, for and in consideration .of the sum TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by.said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said granwe, and grantees heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Miami -Dade County, Florida to -wit: SEE EXHMTt "A" ATTACHED HERETO AND MADE A PART HEREOF. To Have and to Hold, the same together with all: and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whemf, grantor has hesetmto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: a)rl oa President (Corporate Seal) 02- 388 T,T?R 'T4'r'�^t tr\'LQ l•Fy'1(� TTOP RAA nAh Ci•1 ..n • nT STT' rn n.• -- 9'956PG3356 State Of Florida County of Miami -Dade The fomgoft butrument was acknowledged before me this 24th day of September, 2001 by TLI30A HOLLO, President of OLNE BAY CORP., a Florida corporation, on bebAlf :of the corporation. He [X] is personally known to me or U his produced a drivees license as identification. Notary; pwic n)Pqroi�nted alme: C Cc C-- A) M A,) T [Notary sea] ic Av Commission Expires: QW(Ckdw D"d - Pop 2 : k T 3-1n " V - A •I Cal' hORPRi"'. 70 .1, 02- 388 boubleTimm 1,9956PG337 ' - EXHIBIT "A" - LEGAL DESCRIPTION y THE NORTHERLY ONE-HALF (1/2) OF THE TEN (10) FOOT ALLEY, AS SHOWN IN PLAT BOOK 2, PAGE 93, "AMENDED PLAT OF POINT VIEW", TN THE PUBLIC RECORDS OF M" DADS COUNTY, FLORIDA, LYING ADJACENT TO THE SOUTMRLY LINE OF LOTS 9,10 AND THE EAST 40 FEET OF LOT 11, ALL IN BLOCK 2; AS DESCRIBED IN THE AFORESAID PLAT BOOK 2, PAGE 93. MORE PARTICULARLY DESCRIBED AS: comWE ciNQ (P.O.C.) AT THE NORTHEASTERLY CORNER OF LOT 9 IN BLOCK 2 OF THE SAID PLAT; ''ITHENCE RUN S 270-14'-14"W FOR A DISTANCE OF 138.14 FEET TO THE POINT OF BEGINNING (P.O.B.) OF THE AFORESAID NORMH ER[.Y ONE HALF (112) OF THE TEN (10) FOOT ALLEY; THENCE CONTINUE ALONG THIS SAME COURSE FOR A DISTANCE OF 5.12 FEET TO A POINT, WHICH IS Tim CENTERLINE AND SOUTHERLY LINE OF THE AFORESAID NORTHERLY ONE HALF (112) OF THE STATED ALLEY; THENCE RUN N 750-01-00" W FOR A DISTANCE OF 122.47 FEET TO A POINT; THENCE RUN N 150-00'-00" E FOR A DISTANCE OF 5.00 FEET TO A POINT, WHICH IS THE SOUTHWEST CORNER OF THE EAST 40 FEET OF THE AFORESAID LOT 11; THEN RUN S 75°-00'-00" E FOR A DISTANCE OF 123 SS FEET TO THE POINT OF BEGINr NG. a�ow�rors�c �oaoseoac O:Ai10�'OOtNrb. KORO` AE'COAO vffw o "MVEY RUVIN CLERK cmcw! CAVRT 02'- 388 " T..Ta/T -TVAIXT VkTva %,v,7,Nn T'TOC 06C Int, rv.1 er•^T m— -- ate. 1 �yW Address: 170 SE 14 Street Zoning SD -5 New Construction of Residential Tower with incidental retail at ground floor. Variance from Zoning Ordinance 11000, as amended, Article 6 Section 605.8 for a front required yard. Required 20 Feet Provided 5 Feet Variances from Zoning Ordinance 11000, as amended, Article 6 Section 605.8 for side yards. Required 15 Feet Provided 0 Feet (West Side) 4'6 Feet (East Side) Variance from Zoning Ordinance 11000, as amended, Article 6 Section 605.8 for a rear yard. Required 15' Feet Provided 0' Feet • Separate Class II Special Permits, Required • Class 11 for new construction in the SD -5 Zoning Designation. • Class 11 for offsite affordable housing bonus of one (1) times the GLA. • Class H for reduction of loading area. Permit for Pool. �2- % ate 02- 388 THE i III III SII I iii, ILII FOR RENZI DEVELOPERS BRICKELL AND FOURTEENTH STREET DESIGN REVIEW ISSUE ll -16-01 COLLADO AND MOLINA P.A. = race DE IMN BOUL"MD - PEMMM n CORM. GABM - RDRM - nM TEURHOM OW069 M , FAX M SWIM le ZONING LEGEND: F.A.R. PexRlncD: I' L07 AREA (GROSS): 24.023 3 F. BASE FAR.: (4.25): 105.97 S.F. 2,040 SF REMIT_ (AT I.: 3): 6,120 24,700 S.F (AFFORDABLE HOUSING FUND): 24.700 S.F. TOTAL ALLOWED AREA: 130.317 S.P. 1 FLOOR AREAS GROUND FLOOR LOBBY. 494 S.F. SECOND FLOOR LOBBY (LEVEL +14'-0"): 641 S.F. SECOND FLOOR RETAIL (LEVEL +14'-0-): 2,040 S.F. I9 TYP. FLOORS AT 6,090 S.P. EACH (INCL CIRCULATION): EIGHT UNITS PER FLOOR (4-7110 B.R. / 4-1 O.R. SEE SOT A-5): TOTAL UNITS 152: S.F.- I ---- -132—.810 135 S.Y.j TOTAL PROJECTED AREA: .976 — PARKING REQUIRED: i ONE SPACE REQUIRED PER UNIT: 152 SPACES ONE SPACE PER 1,000 S.F. RETAIL' 3 SPACES TOTAL PARKING REQUIRED: 155 SPACES THREE 12' XS 35' LOADING SPACES REQUIRED PARKING REQUIRED: GROUND FLOOR PARKING: 2. SPACES SECOND FLOOR PARKING: 10 SPACES THIRD TO EIGTH LEVELS 29 SPACES EACH: 174 SPACES TOTAL SPACES PROVIDED: 105 LOADING SPACES PROVIDED: 1 AT 12' X 35'. 2 AT 10' X 20' (CLASS TWO FOR REDUCTION) OPEN SPACE REQUIRED (15%): 3,723 S.F. OPEN SPACE PROVIDED: 4.650 (10.7%) S.F. i� SETBACKS: REQUIRED FRONT (NORTH) 20' PEAR (SOUTH) 15' RIGHT SIDE ('EST) 15' LEFT SIDE (EAST) 15' HEIGHT TO ROOF SUB FROM GRADE: 273' -4 - C" w GO 00 REQUESTED 5'AT DASF., 20'-0" AT TOWER FALL (ABOVE) 0' AT DASE , 14'-0" AT TOWER HALL )ABOVE) 0' AT BASE, 16'-6" AT MIR 'ALL (ABOVE) 4'-0" AT SHALLOWEST POINT (CURVED 'ALL) 50'0" TO TOWER 'ALL AT FRONT 25'0" TO TOWER 'AL1. AT NEAR yl- -sj .. JV no u.[s c c ] _1c (vs c7 F-IIA+ff I OU\ ST ISI el ............ ... . L, J, . ..................... .. ..... jo —to in &P. ........ rjrm rlm um �vlLu� km\ - Fe 4f Public woo— :2c,. �Wlng n y 4�j A—lA off nit ivu -- ,ol 3I� 'i — — — --- — — — — — — — — — — ---------- . — — — — — -- %EOF� Ra\ aP t.E (3EL0'MI I 6 5 • i ,��,if 1 ray )Fy: � �� 1 TO :.r�A`xass ' i9 -ES *H:5 LEVEL I IU EROLU LEVEL ♦5-0� O \/ , �� I I O Cy , _ I r7l � :x. -, EL , a -o I o II a I I� Fly _ �) -_-G LI:V , _ PLAN (+24'— � l By: A-2 I --------------------- 1 1 11 I I I ixmn rid° Lflil A3V:i h , 1 i 23 C 1 i i � % ♦ i Ii _ 11 I. I B I�TYPICAL- - 1 61-PLO - FLO CONCEPTUAL FRONT ELEVATION 1/16"- w i i - ------------- - ---- ----a- -- --- - - -1 IL ------- ---- - --- - - - -- - li - - - --- - ® ® -- --------------- ------------ �y� r FT W DO x ''' t :' .i ' 00 IMF F.Ur CONCEPTUAL REAR ELEVATION _1/lCl" '4�A� 1._.� _ A-8 AY rl,- I,9 CONCEPTUAL FRONT ELEVATION 1/16" - - -------- - - ----- - --- ----- - was_ j- -Y- ------ - ----- - -------- - ----- --- - ■■■ -- ------- Kos -------- --- — --------7ps�GS:+ ..7 a J, fiiFF w wm ; ------------------------------- ---- ---------------- � I oning - Date CONCEPTUAL REAR ELEVATION 1/16" �� �•a- gy• d Signatur v._ u imply approval "�.