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HomeMy WebLinkAboutR-01-0082J-01-78 (a) 01/24/01 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL AND AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ,ALLOW A USED AUTO SALES ESTABLISHMENT AT THE PROPERTIES LOCATED AT APPROXIMATELY 632-634 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO A TIME FRAME OF TWELVE MONTHS IN WHICH TO PULL A BUILDING PERMIT. WHEREAS, the Miami Zoning Board at its meeting of November 20, 2000, Item No. 4, following man advertised public hearing, adopted Resolution No. ZB 2000-0382 by a vote of nine to zero (9-0), granting a request for a special exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a used auto sales establishment; and WHEREAS, an aggrieved party has appealed the decision of the Zoning Board; and a 77',..717.7. 7;.77 g r:"4% Vn t„w ik "; k� W W v V CITY COraSSION 82, WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the Zoning Board granting the special exception; 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 denies the appeal, and affirms the decision of the Zoning Board (Resolution No. ZB 2000- 0382, adopted November 20, 2000), thereby granting a special exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, to allow a used auto sales establishment for the properties located at approximately 632-634 Southwest 8th Street, Miami Florida, legally described in "Exhibit A," attached hereto and made part hereof, subject to a time frame of twelve months in which to pull a building permit. Page 2 of 3 01— 8' 2 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor'/ PASSED AND ADOPTED this 25th day of Januar = , 2001. JOE CAROLLO, MAYOR In accordance with Miami Cotte Sec. 2.36, since the Ma,►or did not indicate approval of this legislation by signing it in the designated r:iace provid&J. said legislation nowv become$!{cctiv€� witf; the aiapac� often, (1 da s fro .e date of CommiSSIon regarding same, without the Mayar ex� �n�q'a tn. , , ///�) ) . Waiter J. ATTEST: WALTER J. FOEMAN CITY CLERK CORRECTNESS O VILARELLO ORNEY �``�i 20:YMT:nr:BSS }� 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. Page 3 of 3 OF 82 �t yf�r sem..~• [M�/1 •+.awr � 1 r a car. FTzr ...r1..t ..w...l� - - .-w--; .,�o• rr• .--_ y� �' ! �t yf�r sem..~• [M�/1 •+.awr � 1 tannauti ur.• J w. -v! RiL nY. Mi YM.6 (J....••t �1 or Kc . �:, . r',%, .. r G Aq ) ss r=—= �Iw.Iww1R[weO..�[f�uYtrMM0V•r.W- Nlwawraa.A►a.t•rAlr.p.y fuAr.tt•Mt1M.•.W t y {•A y'fatpN�.�.Nilt°.t�1.a.► {.wlN [rd 7r.a •,,.l.r{p•.... t.t••..ww.�w.wrrwt WI � itiitairow+o r.; : • aM • p r.�.r.Y.rr...o.r•rr v.rwrnr�..�r�rw t.lA� .wr^M1.c. A.. .Y►..wq......� MYe....- M.M.a/.•....•=MY iAw•�IU7iw•..xYi.iY.rA+ ~��_'w......f w•�t[Mu.: r �4 Q -n 1 M r mM r r r .-w--; .,�o• rr• .--_ y� �' ! lk T l /MY• •111tH.. t 41•�M/iMRn � 1� tannauti ur.• J w. -v! RiL nY. Mi YM.6 (J....••t �1 or Kc . �:, . r',%, .. r G Aq ) ss r=—= �Iw.Iww1R[weO..�[f�uYtrMM0V•r.W- Nlwawraa.A►a.t•rAlr.p.y fuAr.tt•Mt1M.•.W t y {•A y'fatpN�.�.Nilt°.t�1.a.► {.wlN [rd 7r.a •,,.l.r{p•.... t.t••..ww.�w.wrrwt WI � itiitairow+o r.; : • aM • p r.�.r.Y.rr...o.r•rr v.rwrnr�..�r�rw t.lA� .wr^M1.c. A.. .Y►..wq......� MYe....- M.M.a/.•....•=MY iAw•�IU7iw•..xYi.iY.rA+ ~��_'w......f w•�t[Mu.: r �4 Q -n 1 M r mM r r Case Number: 2000-0384 Location: Legal: Applicant: PZ -4 ZONING FACT SHEET 20 -Nov -00 Item No: 3 Approx. 632-634 SW 8 Street (Complete legal description on file with the Office of Hearing Boards) VRU Holdings, Inc. 634 SW 8 Street Miami, FL 33130-3309 App. Ph: (305) 325-9643 Zoning: C-1 Restricted Commercial Joseph S. Geller, Esq. 2411 Hollywood Blvd. Hollywood, FL 33020 Rep. Ph: (305) 949-6600 ext Rep. Fa (_j = ext Request: Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, to allow a used auto sales. Purpose: This will allow a used automobile sales dealership. Recommendations: Planning Department: Approval with conditions Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: 9919655 Last Hearing Date: 12/06/2000 Found: Violation(s) Cited: Failure to have a valid Certificate of Use Ticketing Action: I ! Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: 01/28/2001 CEB Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 2000-0382 Zoning Board: Approval with conditions Vote: 9-0- 01- 82 November 30, 2000 Miami Zoning Board 444 SW 2nd Avenue, 7h Floor Miami, FL ATTN: Ms. Teresita Fernandez Chief of Staff of the Office of Hearing Boards Dear Ms. Fernandez: My name is Jose A. Rajoy, residing at 12310 SW 97`h Terrace, Miami, FL 33186. My telephone number is (305) 271-9309. I am an American citizen and have been a member of this community for 40 years. I appeared last November 201h in front of the zoning board and stated my opposition to case 2000-0384 ,632-634 SW 8`h Street. At this time I am requesting a review by the Miami City Commission of this special exception granted by the Miami Zoning Board on November 20, 2000 case 2000- 0384, 632-634 SW 8th Street, Miami Vehicles USA Inc. to allow a used auto sales to operate at this address. Let it be known that the Florida Department of Motor Vehicles gave tentative approval on November 5, 1998 to operate from 634 SW 8`h Street. This approval was subject (like all their approvals) to get City of Miami licenses, like an occupational license, certificate of use, etc, if the site was appropriate for this type of business. It appears that Vehicles USA Inc. has been operating illegally for two years without the proper licenses. That, indeed, is a mockery of our city's law. Being the owner, since 1971, of a commercial property located at 2995 SW 8' Street, that has been used since 1955/1956 as a used car dealership. At that time, the property was zoned C4. Two or three years later, it was downgraded to a C1, but given grandfather's rights to operate as before. I was told, at that time, that the City of Miami did not want anymore used car dealerships on SW 8`h Street. A few years ago, the City of Miami enacted a provision that eroded more on our rights, stated that if the occupational license and certificate of use elapsed over a year, we will lose our grandfather's right to our property. Now, I was told the standards have been lowered to six months without the license and you lose it. It is hard to understand why there is this double standard on the application of the law. Some people are liable to lose their property rights on a technicality and other people given property rights they do not deserve. o I am respectfully asking to be heard in front of the City of Miami Commissiorfi� a concerned citizen and as a property owner that feels his rights are not given the samE, treatment. c,1 Yours truly, N Lq A,t� Ct �e Jose A. Rajoy 01- 82 ANALYSIS FOR SPECIAL EXCEPTION 632-634 SW 8th Street CASE NO. 2000-0384 Pursuant to Article 4, Section 401 of Ordinance 11000, as amended, the Zoning Ordi- nance of the City of Miami, Florida, the subject proposal to allow the sale of used cars in the C-1 "Restricted Commercial" has been reviewed as follows: The following findings have been made: • It is found that the use is compatible and will be beneficial to the area by creating new employment opportunities. • It is found that the proposed use is in scale with the surrounding area. • It is found that the proposed layout provides adequate parking, circulation and landscape. • It is found that the inclusion of banners and flags would aesthetically tend to clutter the appearance and therefore would have an adverse impact on the surrounding C-1 District. • It is found that upon compliance with conditions set forth below, this project will not have any adverse impacts on the surrounding area. Based on these findings, the Planning and Zoning Department is recommending approval of the application subject to the following conditions: 1. No flags or banners will be permitted to be located on the subject property as part of the used car sale. Miami Zoning Board Resolution: ZB 2000-0382 Monday, November 20, 2000 Mr. Juvenal Pina offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A USED AUTO SALES ESTABLISHMENT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 632-634 SOUTHWEST 8TH STREET, LEGALLY DESCRIBED AS LOTS 5,6 AND 7, SOUTH CITY OF MIAMI, LESS THE NORTH TEN FEET THEREOF DEDICATED TO THE PUBLIC FOR STREET PURPOSES (B-41), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-1 RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILD)NG PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION BY THE PLANNING AND ZONING DEPARTMENT: NO FLAGS OR BANNERS WILL BE PERMITTED TO BE LOCATED ON THE SUBJECT PROPERTY AS PART OF THE USED CAR SALE. Upon being seconded by Mr. Ricardo D. Ruiz, the motion was passed and adopted by the following vote: Mr. George Barket Yes Ms. Gloria M. Basila Away Mr. Rododo, De La Guardia Yes Mr. Charles J. Flowers Yes Ms. Ileana Hemandez Acosta Yes Mr. Humberto J. Pellon Yes Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Yes Mr. Angel Urquiola Yes Mr. Georges Williams Yes AYE: 9 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 Ms. Fernandez: Motion carries 9-0 ' Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 2000-0384 Item Nbr: 4 01- 82 ZONING BOARD ACTIO 'OR SPECIAL EXCEPTION I the request on Agenda Item 4 _ be4DENIED) �G that the requirements of Article 16.f*mk) (WERE b QT) satisfiO by relevant evidence in the record of4be_t+rb1ia hearing. (a) as stated in the City's findings of fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following: The Zoning Board, in its decision to (GRANT) (DENM the special exception, shall make written findings that the applicable meats of this Zoning Ordinance, Section 2305, (HAVE) (HAVE NOT) been met (CIRCLE APPROPRIATE COMMONS) 1305.1 Ingress and Egress. Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1305.2 Ofistteet Parking and Loadin Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience , internal traffic flow and control, wraagement in relation to access in case of fire or other emergency, and screening and 13053 Refuse and Service Areas. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refine is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses an adjoining properties and to the location and character of adjoining public ways. 1305.4 Sims and Ln�ctan� Due consideration shall be given to the number, sire, character, location, and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area 01- 82 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity .of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drain Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where mayor drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation ofNatural Features. Due consideration shall be given to provision for the Mwervation of existing vegetation and geological features whenever possible. 1305.8 Control of Potentially Adverse Effects Generally. In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of use or occupancy as proposed, or its location, construction, design, character, scale or mat = of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use of occupwncy will be compatible and hasmoniow with other development in the area to a degree which -will avdid-mbstantial deprpmwon of the value of nearby ply c Agenda Item ( 1 ,/20 /-OC) Date .s z 1 Io • • 7 • • • �2 is III 11 ¢ is 1. 1. la A RIVERSIDE ) 2 1 23 • 1. 20 PRR K w — 3 -- �a 10 ills IN 11 { 3. 3 2 1 RI 1 e 11 1HIIGH II 33 Is m 1cic-1 • 17 10 Is 20 19 20 11 o 16 is I N ut 13 1111 10 19 SO w — 3 -- �a 10 ills @I 3 11 { 3. 3 2 1 RI 1 e 11 1HIIGH II 33 Is m 1cic-1 • 17 10 Is 20 10 , a r • ) • 3 2 1 1012 13 14 Is If 17 ro 1• O v a • s z 1 r Is Is zo • • ) 1 e W NJ .w 6 1 17 1• N 20 Q. !•1 zM ST ( •max `11\�` 10 ills @I 3 2 2 1 { S S 1 e 11 12 13 la 33 Is m 11 f i R I 1! 11 N I I 17 1• 19 20 • • ) 1 e W NJ .w 6 1 17 1• N 20 Q. !•1 zM ST ( •max `11\�` I� I 10 ills a 3 2 mp { S ei 1 e 11 12 13 la 15 1. 17 Ia Is m - 1 li. 13 N e 11 o 16 is AIEOi m� N 13 I� I RON 1111 ININ 10 ills a 3 2 mp { S ei 1 e 11 12 13 la 15 1. 17 Ia Is m - 1 li. 13 N i RON 1111 ININ 10 , • 7 • ! 4 3 2 1 3 B •' II 12 Ism Isis 7 1• to mCi= O�tl 10 ills a 3 2 mp { S ei 1 e 11 12 13 la 15 1. 17 Ia Is m - 1 li. 13 N 11111111i 11 o 16 is AIEOi I• 20 10 , • 7 • ! 4 3 2 1 3 B •' II 12 Ism Isis 7 1• to mCi= O�tl 10 • a 7 a 3 2 1 { S ei 1 e 11 12 13 la 15 1. 17 Ia Is m 10 , • 7 • ! 4 3 2 1 3 B •' II 12 Ism Isis 7 1• to mCi= O�tl 1 s •�. g -- ,e UJI La ,10 •• 7 t 9" 1 1 IL 10 s • • ] 1 { J 1 •• a s .!• In. o f • i t • i „ � e .112 Is 14 IS 1• r 1• I• 20 .11 ¢ 13 M /a M i7 1• N 20 11 ¢ 1 K 1611• I7 N 1• 20 11 ¢ 13 M I! 1• n 1• N 7.0 Pose III 7• s+ 3 2 I { S a 1 e 3 Iffimagi I - 1 li. 13 N 13 I• 17 11 o 16 is AIEOi I• 20 1 s •�. g -- ,e UJI La ,10 •• 7 t 9" 1 1 IL 10 s • • ] 1 { J 1 •• a s .!• In. o f • i t • i „ � e .112 Is 14 IS 1• r 1• I• 20 .11 ¢ 13 M /a M i7 1• N 20 11 ¢ 1 K 1611• I7 N 1• 20 11 ¢ 13 M I! 1• n 1• N 7.0 iI IS.W. IN Pose III 7• s+ 3 2 I { S a 1 e 3 Iffimagi I - 1 li. 13 N iI IS.W. IN ITS. W. ro•• T t s a s s• - • Y 3 11 ¢ 13 1• 1• IT 1• If 0 fi Pose 7• s+ 3 2 I { S a 1 e 3 2 I - 1 li. 13 N 13 I• 17 11 ¢ 13 16 is 17 1• I• 20 N 13 N 17 10 19 SO ITS. W. ro•• T t s a s s• - • Y 3 11 ¢ 13 1• 1• IT 1• If 0 fi I., IT 7 { S 2 1 - 3 2 I - 1 li. 13 N 13 I• 17 1• I.. I.J.c - 0 ¢ '3 N 13 N 17 10 19 SO ITS. W. ro•• T t s a s s• - • Y 3 11 ¢ 13 1• 1• IT 1• If 0 fi N!• 7 is • 7 a 5. 3 2 1 L G - 0 ¢ '3 N 13 N 17 10 19 20 11 ¢ Ia N 18 N 17 1• 1• 20 ITS. W. ro•• T t s a s s• - • Y 3 11 ¢ 13 1• 1• IT 1• If 0 fi T-1; 31ralE 41 + A • J � •� � • d t S t ++ A I. 13,2 N 1• Irl 1 II•II,Fq Ir ¢ 1 1if111 ST. 3 . ) 2 t 310, a 7 . a III. 15 I1 12 13 14 S! 14 3 • 7 • s st 11 Q Is N IS 19 3 i in - 69 11 ¢ is ., 1• N i I • • 7 { S a =_ a IS = M Is 1• 17 O 77 S{ 10 1 7N • 7 • a a iz' °11 s z1 s 12 61 20 n r 49 M •• N .. I S.W. + ; J 3• 3 vi f ,� •11 91 K 13 N n ¢ 13 s . S.W T 3, ti 6 o w s � i N!• 7 a 5 . 2 1 76 R 0 ¢ '3 N 13 N 17 10 19 20 T-1; 31ralE 41 + A • J � •� � • d t S t ++ A I. 13,2 N 1• Irl 1 II•II,Fq Ir ¢ 1 1if111 ST. 3 . ) 2 t 310, a 7 . a III. 15 I1 12 13 14 S! 14 3 • 7 • s st 11 Q Is N IS 19 3 i in - 69 11 ¢ is ., 1• N i I • • 7 { S a =_ a IS = M Is 1• 17 O 77 S{ 10 1 7N • 7 • a a iz' °11 s z1 s 12 61 20 n r 49 M •• N .. I S.W. + ; J 3• 3 vi f ,� •11 91 K 13 N n ¢ 13 s . S.W T 3, ti 6 o w s � i CITY OF MIAMI OFFICE OF HEARING BOARDS APPLICATION FOR SPECIAL EXCEPTION SECTION 2-653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES 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 AMEVCAN DRIVE, MIAMI, FLORIDA, 33133. ******#**►#*sr*sss**s�*s****:.*#****#s**#******** NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary promote the .general purposes of this Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance). Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions except when otherwise provided for in the City Code. All applications shall be referred to the Director of the Department Planning and Development for his recommendations and the Director shall make any further referrals required by these regulations. JOSEPH S. GELLER on behalf of I, VRU HOLDINGS, INC. , hereby apply to the City of Miami Zoning Board for approval of a Special Exception for the property located at 632-634 SW 8th St-rPPt , Mi ami � El gyri ria 33130-3309 , folio numbeis 01-0206-020--1040, and 1050 . Nature of Proposed Use (please be specific): Used Car Dealership - retail of pre -owned vehicles In support of this application, the following material is submitted. 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.; building elevations and dimensions and computations of lot area and building spacing. 01- 82 N e 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached to application). Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered by the application. 5. At least two photographs that show the entire property (land and improvements). 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of the property. 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 8. Fee of $800.00 to apply toward the cost of processing according to Section 62-156 of the Zoning Ordinance: SpecialException...............................................................................................$ 800.00 Special Exception requiring automatic city commission review.......................$2,000.00 Extension of time for special exception.............................................................$ 500.00 Public hearing mail notice fees, including cost of handling and mailing per notice.........................................................................$ 3.50 Surcharge equal to applicable fee from item 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 from a property owner within three hundred and seventy-five (375) feet of the subject property. Name JQ�YPH `1. GELLER, attorney for applicant Address /�Ai i u„l 1 ........ ri Hollywood, FL 33020 Telephone Date October Z. 2000 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Joseph S. Geller on behalf of V.R.U. Holdings, Inc., who being by me first duly sworn, upon oath, deposes and says: 1. That he is the legal representative of the owners, submitting the accompanying application of a public hearing as required by Chapter 55 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for him to act on their behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he is the owner or legal representative. 4. The facts as represented in eh application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was ackr, 6wledgef! before me JOSEPH S. GELLER who is personally known to me. C 2000, by i N ci FiSHGe Notary Public -State of Florida Commission No.: My Commission Expires: �r:1r !tom it e� Q�. 82 OWNER'S LIST Owner's Name V.R.U. HOLDINGS, INC. Mailing Address 634 SW 8th Street, Miami, FL Zip Code 33130-3309 Telephone Number 305-325-9643 Legal Description: Lots 5. 6 and 7, Block 62, South City of Miami, less the N 10 feet thereof dedicated tothe Public for street purposes, according to map or plat thereof as recorded in Plat Book B, Page 41, Public Records of Miami -Dade County, Florida. 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 375 feet of the subject site is listed as follows: Street Address glA— Legal Description Street Address Legal Description Street Address Legal Description A DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property: Lots 5, 6, and 7, Block 62, South City of Miami, less the N 10 feet thereof dedicated to the Public for street purposes, according tot he map or plat thereof as recorded in Plat Book B, Page 41, Public Records of Miami -Dade County, Florida. 632-634 SW 8 1 Street, Miami, Florida 33130-330g 2. Owners of subject real property and percentage of ownership. Note: Section 2-618 of 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 representation, 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. V.R.U. Holdings, Inc. Shareholders: Marcos Hanono owning 50% of V.R.U. Holdings, Inc.; and Jose Hanono owning 50% of V.R.U. Holdings, Inc. 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 375 feet of the subject real property. NIA Ow or tt rney for Ow r JO PH S: STATE OF FLORIDA ELLER, Attorney for Owner / COUNTY OF MIAMI-DADE The foregoing instrument was ac JOSEPH S. GELLER who is personally dged before me this�day ofe0-1, 2000, by to me. F86RS614_52. Notary Public -State of Florida Commission No.: My Commission Expires: �� xsa�wra���ccs� s�oa«cR PY Ro. w"SWA o a �uw�os 0 1 -- 82 IMAGE01 : FL -00-93504-2 07/06/20 3:35:53pm • Wn m Cif tJu� Return to: 99R380349 Mc __> 22 12:30 This instrument prepared bys DAVID A. WAM1 M, Require 8161 nest eroward Blvd., Suits 204 Plantation, Florida 33324 (954) 472-0199 Property Pppraisers Parcel I.D. OQCSVOM v.49!..0 SWTX :►610.0" (Folios Xmdmr(s) s 01-0206-020-1040 W'OTY IWVIb, am MCOUNTY, Ft 01-0206-020-1050 Grantee I.D. fs 3 2US Ibb>eblM, Meds this i8M day of July, A.D. 1999, between 1ANDn0 Yom, Sm QTR Mm = Ii1hD=0 VihiSQblii IN= A Ahs AGRED JIAMr 23, 1!!4 Shlb 21Rfl0Is0 VZ9AS000 ma vxcw m TiaZIPM �.rrswirrset i yr mm FASIDUMM 9 1 lit'A9Z.um YBsiS MZCM V W 2m LBtii' RII.L or jm= P. VQ.D WU, of the County of Aismi-Dads, in the State of florida, parties of the first part, and V.A.U. MUM, INC., a Flortds oosporatiom, whose post office address is 634 S.M. 8th Street, Miami, Plarida 33130, party of the second parts (Wherever used herein the teras "first party and *second pasty, shall include singular •cad plural, heirs, legal representatives. and assigns of individuals, and the swxsamrs and aesijns of corporations, whatever the contest so admits or requ re&.) eflTllhlDtMb, That the said party of the first part, for and in consideration of the 8001 of TOn cad 90/00 Dollars (510.00) to thea in hand paid by the said party of the second part, the receipt whereof is hereby aeknowledyed, bas granted, bargained, and sold to Um said party of the second part, its hairs and assigns forever, the following described land, situate and being is the County of Miami -Dade, State of Florids, to wits Lots 5, 6 and 7, Block 62, South City of mismi, less the b 10 feet thereof dedicated to the Public for street purposes, according to the map or plat thereof as recorded in Plat book S, Page 41, Publie Ilecotds of Miami -Dade County, Plarlds. The conveyance is subject to the followings 2. City and County real *&tato taxes and spsoial tax district assessments for 1999 and subsequent years. 2. Cosditioas, restrictions, limitations, sssemeate of record and zoning ordinances. And the said party of the first part don hereby fully warrant the title to saMand, and will defend the same against the lawful claims of all persons by, through and ander said Trust. All recourse the second party against party in connection with the yexecution of this dead shall be limited to the assets of the above refsreaced Tenet and the Trustee* shall have so personal responsibility or liability as grantor of this deed. 1 of 3 01- 82 IMAGE01 : FL -00-93504-2 07/06/20( 5:35:53pm u �S MOMW, 2hs said party of the first party has set their heads and seals the day and year first above written. Signed, sealed and delivered in the presence oft .Wi s Signa r fLfPn_f/` a Iti Printed / Witness Si Lure Printed !(nes witttws signature �� 1 y /•1Aa,A NfEc, A c rr MQd NMO witness Signature printed New Witmer Signature i %i%At7! f ru , Fi Ili c Print yes. nee. signature print Nara rmn of mourn � COOTI of Krm-Dm Ss. LIWIRO MASPUZ, as _ Trustee ander the LiW m VSLS am TRUST SIO DAM ADOPT 23, 1994 50o W. Flagier Street Miami, FL 33130 L jv l— MEWOMMUMMM, as Co -Tremae of 16A Fesidoasy Trust established trader Art. v of the Last Will of Maris P. Velazquez 500 U. Flagler Street Miami, FL 33130 VICTOR or t , es Co-Trustof he Residuary Trust established under Art. V of the Last Will of Marie P. Velazquez 500 W. Plagler street Miami, Florida 33130 I hereby certify that on this dayt before ma, an oftioar duly authorized to administer oaths and tab aaknorledgmsats, peraonall7 appeared LWDiMO Va11LQs, as Trwtes soder the Ziv M VMLU9= lRDST Aim D MM AVG= 23, 1994, as veli u Co -hasten of the Residuary Truet established ander Article V of the Last Will of Maria P. Velazquez, known to he the person described in sad who asecated the toragoiag instrument, who adaoWidged bafora = that he executed the sats, that said pomm is sersoaallr In ova or produced :..• M6A, es xa=zLzzcar4on am that an oath sew (was note taken. Witness my hand and official seal in the County and State last aforesaid is !4h day of July, 1 My Commissionaxpizeat iMYt0A FccfTt rrto�sirar�3t z#e eot� ay m omem—&C. 949. Gu votary Public State o F r 2 of 3 IMAGEOI : FL -00-93504-2 07/06/20 3:35:53pm i 87 28.1 72WMB trw 07 PLOSIDA Comm or xrnu-oAas , 9S. I hereby certify that on this day, before a., an officer duly authorized to adainister oaths and take acknowledgpwts, pereoaally appeared VZOM v�SQM, as Ce -beaten of the Residuary ft t established under Article v of the Last Fill of xarie P. velasgwz, known to be the person described in and sbo execated the foregoing ine••+m--t, who sokaorledged before me that be executed the rasa, that aid rso is 2 or producedMU j� '.;:�iA . .0 o idanti=Um at an oa Ma. was not.Ltaxes. Wn%BSS 4 hand and official seal in the County and Stag last aforesaid this AM% day of July, I"$. T9 my cosi..ion expire.: Tl� ijc 0 Notary Public State o P AML a►vroweawex= MICOISOMMOCCIM gown" IMEN ,w+ws..r •.wr.�• 3 -•: �. a YMh 40d♦.Fel •�^.�!Yi1M►..1le�► ;'IMV RLMS : ?ft IP:U►CeAW , 3 of 3 01- 82 5WTli ELEW*Of--(EYI&7-1kA&) • WPTH 15LUATION CMW%r,� W-'r&T N.F-VA-ION (�rnNv-) g! 7 0 P3 00 c CA Is kD ro 1 :�t!ytlfvG FL00? 12b.� iM•tar hsc► M+� 7� ►IMY� FAW4Z *TPIPE WTAt• wry ta vad lit M w.---..? Mr N wM• ♦. ^G4 Y. 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Waw,.�:...v.�..w.r,.r.`r�iw.�w.w. ....Nwa.e,.w•raa.Nr r rY wf�arar,nrlwroiaY.taa.ww IrywlWw,�ara� "ariMwwr-irtalrrr� ra,w..r.+. wi,iawrrriirwr+arwiy arYrynnN► r y� �YrwawW�w•••raw.wr-....r, rrwwlYirM�Yiw)w�a/ V�yAa�r��~��yi�rww�'lwwrwaK •r���w�l. s�rw�Na YII MIwYw�w�r�~ Yrs Ytlil I/ �ar.r � rr i�java�i. i i� � �•waiwwM.l.... wwrrrti: MAMMOR wlb Yrr. s ^� •rtR m Ip — G) r Hi m et O 1 N FORM 811 MEMORANDUM OF VOTING OONFLICT FOR COUNTY, MUNICIPALl AND OTHER LOCAL PUBLIC OFFICERS LAST E�-FIRSTNAME-MIDDLE NAME NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMITTEE �N�AM W MAILING ADDRESS nn 'DrV THE BOARD. COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 3.500 ;Iqm 1. V cmr O COUNTY O OTHER LOCAL AGENCY CITY COUNTY M 1 al/nu� made NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED EAV,LLCL( 2-5 'ZC�©' MY POSITION IS: ELECTIVE O APPOINTIVE is WHO MUST FILE FORM U This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 1123143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom .be is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother4n- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate sF areholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM aB - last PAGE I IF YOU 14AKE NO ATTEMPT TO Its, ,..UENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. * You mutt complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 2.c"0 / 1, ��-�►'`'� , hereby disclose that on (a) A measure came or will come before my agency which (check onz�) inured to my special private pin; T inured to the special gain of my business associate,' S w inured to the special gain of my relative, inured to the special gain of , by, whom 1 am retained; or inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed P NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. CE FOR Af as - "I (Pz - q) R- of -sa, PAGE 2