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Home My WebLink AboutR-00-0246J-00-222 2/29/00 • RESOLUTION NO. Q- 246 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RECOMMENDATION OF THE DIRECTOR OF THE PLANNING DEPARTMENT FOR ISSUANCE OF CLASS II SPECIAL PERMIT APPLICATION NO. 99-0276 FOR A MURAL AT THE PROPERTY LOCATED AT APPROXIMATELY 100 EAST FLAGLER STREET, MIAMI, FLORIDA, PURSUANT TO SECTION 401 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. WHEREAS, the Director of the Department of Planning is recommending approval of Class II Special Permit Application No. 99-0276, for a mural at the property located at approximately 100 East Flagler Street, Miami, Florida; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Class II Special Permit as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter,'finds the application for a Class II Special Permit does meet the applicable requirements of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the CITY COMMISSION MEETING OF MAR 0 9 2000 Resolution No. 00- t46 recommendation of the Director of the Department of Planning for the issuance of the Class II Special Permit; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The recommendation of the Director of the Department of Planning to issue Class II Special Permit Application No. 99-0276 for a mural at the property located at approximately 100 East Flagler Street, Miami, Florida, is hereby approved, and the City Commission finds that the issuance of Class II Special Permit Application No. 99-0276, does meet the applicable requirements of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!/ �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. �Y a Page 2 of 3 • • PASSED AND ADOPTED this 9th day of March , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approvel of this legislation by signing it in tP - , becomes effective with the elapse regarding same, without the Mayc ATTEST: WALTER J. FOEMAN CITY CLERK APPROVE SO F0;001ND CORRECTNESS: V.4,00 3:YMT:eij Page 3 of 3 010— 94611 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: knald Warshaw City Manager RECOMMENDATION • PZ -1 DATE: MAR , ZOOQ FILE SUBJECT: Request for Class II for Mural at 100 E. Flagler Street REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission approve the attached request for a Class II Special Permit for the proposed Mural with a commercial message at 100 E. Flagler Street. BACKGROUND The attached request is for a Class II Special Permit for a mural containing a commercial message for Nike. The building on which the mural is to be located is within the downtown area and located at 100 E. Flagler Street. The property consists of CBD Zoning which allows such murals and requires the City Commission to approve the proposal. • The Planning and Zoning Department has referred the proposal to the Urban Development review Board, where a favorable recommendation was forwarded to the Planning Director. The department has reviewed the proposal and has found the artwork and commercial message to be consistent with the intent of the Ordinance. Based on these findings, the administration is recommending approval of the request as submitted. DHW/JL/AGS 0- 246 CLASS II SPECIAL PERMIT NO. CLASS II SPECIAL PERMIT ZONING REFERRAL COMPLETED BY APPLICANT OWNER OWNER PHONE NUMBER LLC_ 01 5039-17- 3651 - APPLICANT APPLICANT PHONE NUMBER / FAX NUMBER 1,52-1 IJ . Jc� n-�z� n sv ; . 35 I ?oc�'lo r 477P.1-1 _ APPLICANT ADDRESS ! / ZIP CODE 90(00&a_37 BUILDING PLAN APPLICATION NUMBER CERTIFICATION Pursuant to the fee schedule, a fee of $ � shall be requiredprio to th'eview and issuance of this Class II Speci rmit. Permit fees are non-refundable. OFFICIALNOTARYSEAL ANELRODRIGUFZ NM4KYPUBUC STATE OF FLOM PROPERTY OWNER P LI ARY �MM�SION NO. CCTl1988 The subject proposal has been reviewed by Zoning Division of the Planning & Zonin /lartnt. It is found to be in com all applicabl zoning regulations and requires a Class If Special P rmant to the above cited sectio ) of Ordin ce 1100 , as amended, the Zoning Ordinance of the City of Miami Flor J r7o7 PLANS E MDATE T/;�w G1fA3 4 SS II COO DI 7r'DATE A building permit for the work proposed herein and/or a certificate of occupancy and/or certificate of use for the use proposed herein, must be obtained within one (1) year from the issuance of this special permit, at which point the subject special permit shall expire, unless extended. 0- 246 _3c-� POWER OF ATTORNEY KNO WALL MEN BY THESE PRESENTS: That POPULAR CONDOMTVR M ASSOCIATION, a Florida Non -Profit Corporation, has made, constituted and appointed, and by the presents does make, constitute and appoint either RICHARD M. BRENNER or MATTHEW W. BUTTRICK, its true and lawful attorney for it and in its name, place and stead in connection with application for public hearing before the City of Miami regarding the placement of a mural on the wall of the Building located at 100 East Flagler Street a/k/a 21 S.E. First Avenue, Miami, Florida giving and granting unto its said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and aboutthe premises as fully, to all intents and purposes, as it might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that RICHARD Ni BRENNER or MATTHEW W. BUTTRICK, as its said attorneys or substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS W.[REOF, METRO MALL PARTNERS LTD. has hereunto set its hand and seal., this 5 71 day of February, in the year two thousand. Signed, sealed and delivered in POPULAR CONDOMINIUM ASSOCIATION, the presence of: INC., A Florida Non -Profit Corporation i ,,� Punt Name: C. �rt T-) J RXHARD M. BRENNER, President Print Name: STATE OF FLORIDA SS. COUNTY OF MIAl-&-DARE BEFORE ME, the undersigned authority, authorized by the laws of the State of Florida to administer oaths and take acknowledgments, appeared RICHARD M. BRENNER, as President of POPULAR CONDOMINIUM ASSOCIATION, INC., a Florida Non -Profit Corporation, personal_lY_known to me, orireduced as identification, and jhe acknowledged before me that she executed this instrument and the within Power of Attorney is her act and deed. SWORN TO AND SUBSCRIBED BEFORE ME this f r 4� day of February, 2000. NOTARY PUBLIC STATE OF FLORIDA AT LARGE Print Name: LG RF) r? t�' L'r f My Commission Expires: PoF+d-c-dandmu-po— of-or-y—papdar cordo =January UFFEE 1 CC 9D6843 ry 31, 2004ir u�onntron 00- 246 STATE OF FLORIDA )SS COUNTY OF MIAMI -DADS } Before me, the undersigned authority, this day personally appearedr- who being by me first duly sworn, upon ''Oath, 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 Zoning Ordinance 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/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. 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/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 Aunt sayeth, not. Applicant's Signature STATE OF FLORIDA COUNTY OF MIAMI -DADS The forego i strunRent was acknowled ed before me this y of g }mg g 4 by A, A. ti`, rf,of/yli� corporation, on behalf of the corporation. He/She is ersonally known to me or has produced as identification and who did (met) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: d.+��,F, nUa Pagan y �+ *My Commission CCn2457 ";� Expires September 3, 2002 OWNER'S LIST Jwner's Name: Popular Condominium Association, Inc. See attached Exhibit "A" Mailing Address: 21 S.E. IIt Avenue, Suite 800 Miami, FL 33131 Telephone: (305) 372-8899 Legal Description: Units 1-10 of the Popular Condominium, According to the Declaration Thereof Recorded in Official Records Book 9336 at Page 1758, of the Public Records of Miami -Dade County 00_. 246 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Address: 100 E. Flagler Street, Miami, FL 33131 i Legal: Units 1-10 of the Popular Condominium; According to the. Declaration Thereof Recorded in Official Records Book 9336 at Page 1758, of the Public Records of Miami -Dade County 2. Owner of subject real property and percentage of ownership: Popular Condominium Association,. Inc. 100%* 21 S.E. 1St Avenue, Suite 800 Miami, FL 33131 * Pursuant to Section 718.111(3) Florida Statutes. See attached Exhibit 'A" 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: None / Richard M. Brenner, Esq. President of Owner Association STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE ,/7 The foregoing instrument was acknowledged bef re me this day of 2000 by 17 %-s�� of �'"�; � / _ �:/T. , : ,.y_ S:� • ;'�" � � ,'�f corporation, on behalf of the corporation. He/She is Qexsonally known to me or has produced as identification and who did (di4A@4 take.an oath. • ��/ , .QCT • Name: Notary Public, State of Florida Commission No.: My Commission Expires: av IBia Pagan * *My Commission CC772457 .,,`a"4 Expires September 3.2002 i Exhibit "A" OWNER'S LIST FOR 100 EAST FLAGLER STREET PROPERTY The following are the owners of the individual condominium units located at 100 East Flagler $treet, Miami, Florida: rs4al ,273 r5??1�S 41 157?I /56 � 17 glo/'i 6 'Sob lid°d' i. Unit 1, Folio 0144137-02-0010, First Union National Bank of Florida 10% 3. Unit 2, Folio 014137-021-0020, Anatasia Prevolis 10% 3. Unit 3, Folio 014137-021-0030, Brenner & Dienstag, P.A., as Trustee 10% 4. Unit 4, Folio 014137-021-0040, Brenner & Dienstag, PA, as Trustee 10% 5. Unit 5, Folio 01-4137-021-0050, Mario T. Yasuok 10% 6. Unit 6, Folio 01-4137-021-0060, Zytex Management Corp. 10% 7. Unit 7, Folio 014137-021-0070, Luis Hernandez Enterprises, Inc., 10% a Florida corporation B. Unit 8, Folio 01-4137-021-0080, Brenner & Dienstag Properties, L.C. 10% �.` Unit 9, Folio 014137-021-0090, Brenner & Dienstag, P. A 10% 10. Unit 10, Folio 01-4137-021-0100, Richard Simon 10% E ***(Deeds on file with the Office of Hearing Boards)*** Popupl- Condomuium/visioa Mediaai of Owners CO- 246 (850)487-6013 01/26/00 16:27 F1 Dept of State pl /1 7 gppaartment of ftte I certify from the records of this office that POPULAR CONDOMINIUM ASSOCIATION, INC. is a corporation organized under the laws of the State of Florida, filed on October 29, 1979. The document.number of this corporation is 749544. I further certify that said corporation has paid all fees due this office through December 31, 1999, that its most recent annual report/uniform business report was filed on November 1, 1999, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes, and authenticated by the code, 700A00003773-012600-749544 -1/1, noted below. Given under my hand and the Great Seal of the State of Florida, at -Tallahassee, the Capital, this the Twenty-sixth day of January, 2000 Authentication Code: 70OA00003773-012600-749544 -1/1 CR2EO22 (1-99) 00- 246 Ttki2fhgrRie Parris �arrrhzr�r >1f�4fttte Z: