HomeMy WebLinkAboutR-99-0231DUPLICATE
4T-99-204 (a)
3/23/99
RESOLUTION NO. 9-9- 231
A RESOLUTION OF THE MIAMI CITY COMMISSION
DENYING THE APPEAL AND AFFIRMING THE DECISION
OF THE ZONING BOARD, FOR CLASS II SPECIAL
PERMIT NO. 98-0193, ISSUED FOR THE CONSTRUCTION
OF THREE (3) SINGLE FAMILY RESIDENTIAL UNITS
FOR THE PROPERTIES LOCATED AT APPROXIMATELY
3220, 3240, AND 3260 FLORIDA AVENUE, MIAMI,
FLORIDA.
WHEREAS, the Zoning Board at its meeting of January 25,
1999, following an advertised public hearing, adopted Resolution
No. ZB 1999-0139, which affirmed the issuance of Class II Special
Permit Application No. 98-0193, for the construction of three (3)
single family residential units for the properties located at
approximately 3220, 3240 and 3260 Florida Avenue, Miami, Florida;
and
WHEREAS, an appeal to the City Commission has been taken by
Brad Tucker on the grounds stated in his Notice of Appeal, filed
February 9, 1999; and
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
My cmuassrw
METING or
MAR 2 3 ,1999
Resolution No.
decision of the Zoning Board;
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 City Commission hereby affirms the
decision of the Zoning Board (Resolution No. ZB 1999-0139,
adopted January 25, 1999), for Class II Special Permit
No. 98-0193, issued for the construction of three (3) single
family residential units, for the properties located at
approximately 3220, 3240, and 3260 Florida Avenue, Miami,
Florida, and denies the appeal giving rise to this hearing.
Section 3. This Resolution shall become effective
- 2 - 99- 231
0
immediately upon its adoption and signature of the Mayor'.
PASSED AND ADOPTED this 23rd
WALTER J. MAN
CITY CLERK
of March 1999.
0
DUPLICATE
This Resolution became effective
ten (10) calendar days after
adoption in accordance with
Section 2-36 of the Code of
City of Miami, as amended.
FGA
�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.
- 3 -
99- 231
n
IY of .y4
3
nem�� ��mrtm
ZONING FACT SHEET
Pz-1
Case Number. 1998-0185 25-1an-99 Item No: 5
Location: Approx. 3220/3240/3260 Florida Avenue
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: The Farmers Market at Coconut Grove Bruno Camesella
2977 McFarlane Road 2977 McFarlane Road
Suite #305 Suite #305
Coconut Grove, Florida 33133 Coconut Grove, Florida 33133
App. Ph: (305) 448-8418 Rep. Ph: (305) 448-8418 ext
Rep. Fa (305) 267-1120 ext
Zoning: SD-2 Coconut Grove Central Commercial District
Request:
Appeal by Brad Tucker of the Class II Special Permit Application No. 98-0193
approved by the Director of the Planning Department on December 1, 1998, for the
above location, to allow new construction of three (3) single-family residential units
pursuant to Articles 6 and 9, Section 602.3.1 of Ordinance No. 11000, as amended,
the Zoning Ordinance of the City of Miami. This does not include Class II Special
Permit No. 98-0056, which was approved by the Director of Planning on 4/10/98.
Recommendations:
Planning and Development: Denial of the Appeal
Public Works: No comments
Plat and Street Committee: "Farmers Market' Plat was duly recorded 8131/98.
Dade County Transportation:
Enforcement History, If any C.E.B. Case No: N/A Last Hearing Date:
Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on:
CEB Action:
History:
Analysis:
Zoning Board Resolution No: ZB1999-0139
Comply Order by:
I
99- 231
ZONING; FACT SHEET
Case Number. 199"185 25.1an-99
Item No: 5
Zoning Board: Denial of the appeal
Appellant: Brad Tucker dote: 6-0
99- 231
CITY OF MIAMI
We the undersigned hereby file our written appeal of the final decision of the Zoning
Board 1/25/99 for Class lI Special Permit No. 98-0193 and 98-0056, Farmer's Market at
Coconut Grove, L C , 3220-40-60 Florida Ave. These applications do not comply with
Ordinance I1000. as described at the hearing: 5.�.:,�-G��,s,�3,►t,gotfzZ,Z3
_ �� . Brae 32ya I V 331,3.3
99- 231
h-C
N.
CITY OF MIAMI
We the undersigned hereby file our written appeal of the final decision of the
Zoning
Board 1/25/99 for Class II Special Permit No. 98-0193 and 98-0056, Farmer's Market at
Coconut Grove, L.C., 3220-40-60 Florida Ave. These applications do not comply witlr-
Ordinance 11000: as described at the hearing:Sw. , L^ & t" 1sI
1
FYI
y i
s, i
i
CITY OF MIAMI
We the undersigned hereby tile our written appeal of the final decision of the zoning
Board 1/25/99 for Class 11 Special Permit No. 98-0193 and 98-0056, Farmer's Market at
Coconut Grove, L.C. 3220-40-60 Florida Ave. These applications do not comply with
Ordinance i 1000.- as described at the hearing: SG, ? .t�`Q„;,, is ao s=,:3
33
guA
)0.- Af Jflll 4 qAOZG/ 4:2.c.
99- 231
Miami Zoning Board
Resolution: ZB 1999-0139
Monday, January 25,1999
Ms Ileana Hemandez-Acosta offered the following Resolution and move
its adoption
Resolution:
A RESOLUTION DENYING THE APPEAL BY BRAD TUCKER OF THE CLASS II SPECIAL PERMIT
APPLICATION NO.98-0193 AND UPHOLDING THE DECISION OF THE DIRECTOR OF THE
PLANNING DEPARTMENT WHICH APPROVED SUCH ON DECEMBER 1, 1998, TO ALLOW NEW
CONSTRUCTION OF THREE (3) SINGLE-FAMILY RESIDENTIAL UNITS PURSUANT TO ARTICLES
6 AND 9, SECTION 602.3.1 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3220/3240/3260
FLORIDA AVENUE LEGALLY DESCRIBED AS TRACT A, RAINBOW PLAZA (117-88) PUBLIC
RECORDS OF MIAMI-DADE COUNTY; ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT.
Upon being seconded by Mr. Charles J. Flowers,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Yes
Mr. Charles J. Flowers
Ms. Ileana Hemandez-Acosta
Yes
Mr. Humberto J. Pellon
Yes
Mr. Fidel A. Perez
Yes
Mr. Juvenal Pina
Yes
Away
AYE:
6
NAY:
0
ABSTENTIONS:
p
NO VOTES:
p
ABSENTS:
I
Ms. Fernandez: Motion carries 6-0
0
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 1998-0185 Item Nbr: 5
99-- 231
Nt,
CITY OF NIlANU
We the undersigned hereby file our written appeal of the finaloe ®sEii 14 k t99D re2tor on
December I, 1998 for Class II Special Permit No. 8.01; and 98-0056, Farmer's Market at
Coconut Grove, L.C., 3220-40-60 Florida Ave. These applications do not comply %%-ith
Ordinance 11000:
L
CITY OF MIANII
We the undersigned hereby file our written appeal of the final lithe �irecto AKA on
December 1, 1998 for Class II Special Permit No. 98-%93 and 98-0056• Farmer's Market at
Coconut Grove, L.C. O 40-60 Florida Ave. These applications do not comply with
Ordinan 11000:
IM4219d._l 1t Rom( /6-1 do ,au�
1
111,e !-d" UAallg 33-5-d
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9�- 1v�
CITY OF MIAMI
We the undersigned hereby file our written appeal of the final00CD1iElSAtP9D re2tor on
December 1, 1998 for Class II Special Permit No.
Coconut Grove, L.C., 3220-40-60 Florida Ave. These ap lications do no98-0056. Farmer's
c mply with
�ei at
Ordinance I 1000:
6)latC Are
33+4& aV ft ,ate
1i r
CITY OF MIAMI �40,
CLASS lI SPECI AL PERMIT
FINAL DECISION 001
To: Farmer Market at Coconut Grove, L.C.
Wo Mr. Bruno Camesella
2977 McFarlane Road
Miami, FL. 33133
From: Ana Gelabert, Director
Department of Planning and Development
PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title:
Address:
Final Decision:
■
■
Proposal for New Construction
3220140/60 Florida Avenue, South W
;�oconui'Grave-
Approval with conditions
Denial
Approval
FINDINGS AND CONDITIONS:
The subject proposal has been reviewed for Class it Special Permit pursuant to Articles 6 and 9
Section 602.3.1 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida. Section 602.3.1. requires explicitly that a Class II Special Permit shall be required for the
location, relocation or alteration of any structure, parking area or vehicular way or sign visible
from a public street
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Department of Planning
and Development has made referrals to the following Departments and Boards.
Zoning Division, Department of Building and Zoning.
South West Coconut Grove NET Office, Neighborhood Enhancement Team
Their comments and recommendations have been duly considered and are reflected in this final
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the
following findings have been made:
99- 231
FINDINGS
• It is found that the work proposed is limited to Phase II which includes Single Famliv N��
fences, gates, etc. Tne proposed work will complement the development of Phase I ( Hotel ) and is particularly appropriate because makes an important transition between a commercial
use area ( Grand Avenue ) and a predominantly residential use area ( Florida Avenue ).
• It is found that the configuration, massing and scale of the subject proposal are appropriate
for the site and context
" It is found that the landscaping proposal for the site was approved as part of Phase I ( Class II
9"056 ).
• It is found that the color chart ( # SW2319, SW2206, SW2163, SW2338 and SW2171 ) that
was chosen for the subject area is elegant and complimentary to the proposed development
The color chosen will enhance the proposed development, as well as beautify the character of
the area.
Based on the above findings and the considered advice of the officers and agencies consulted on
this matter and pursuant to Section 1306 of the Zoning Ordinance, this Class II Special Permit is
hereby approved subject to the plans and supporting documentation submitted by the applicant
and on file with the Department of Planning and Development
NOTICE
The final decision of the Director may be appealed to the Zoning Board by any aggrieved
Party, within fifteen (15) days of the date of issuance by filing a written a appropriate fee with the Office of Hearing Boards, located at 444 S.W. 2"0 Avenue, 7'" Floor,,
Miami, Ff. 33139. Telephone number (305) 416-2030.
Signature
Ana arepa
D' c r Date L
Pla en
99- 231
January 20, 1999
Teresita L. Fernandez
c
Chief Hearing Boards
7' Floor
^'
444 SW 2°d Avenue
Miami, FL 33I39
=-
RE: Farmer's Market at Coconut Grove / Class 1T Permit 98-0193
ON
ON
Dear Ms. Fernandez:
Enclosed please find a list of signatures of homeowners living in close proximity to the
Property in question in the Class H Permit 98-0193. These signatures assert their
support for the three single-family homes that would be built at 3220, 3240 and 3260
Florida Avenue.
Please note that a few of the homeowners now supporting this project, and on the
enclosed list, had previously signed onto an appeal filed against the permit. Needless to
say, they have changed their opinion and now fully support the project moving forward.
Therefore, please remove their names from the appeal.
If you have any questions, please do not hesitate to contact me at (305) 448-841 S.
Thank you for your attention to this matter.
Sincerely,
Bruno C�esella
Mana ' g Partner
The Farmer's Market at Coconut Grove
99- 231
f
i
we, the undersigned hereby state our support 9"193 for construction of three aPF val for the Class II Special Permit no.
32601=lorida Avenue. Our si na (3) single family homes to be
to Class it S g tares bekrw should also to b located at 3220, 3240, and
Pedal Pemnit no. 98.p193 for the three (3) single family esy Previous appeal
Irk C;4
TMI
/ Sri G^'-
ire ed-D 3E I 0®s o Date
Signatur,
Date
-/o-7
Y y -?(.7 d
Address
9 �O
Address
33i
�53
3.3133
S7—
Signature
y IAddress
Si nature L) G--rwe
rR
Address
Signature
�—Da—tie—
��c1� �� = Address 1�
i •t. ZC r / 1G'S 71 �-
Signature •�
Date
Address ` a
Srgn tore
C ii to
Address
Signature ,
Date �' •, U' L
Address
99- 231
lb
We, the undersigned,
9"1M for construct! he"'y state three Sour support for approval for the Class tl Special
3280 Florida Avenue. Our signatures rbelow hle a doalso to be located at 3220, 3240, and nc
to ss I S7nel'
permit . 98-01g3 the three 3 sin to withdrew any previous appeal
f) gle family homes.
7�
f A. . 545
5, ""Pate
� Address
VVV-- 616 9'
Si—
iJl9t�jd
0 ate
esf},p�+- /19�efrESA` pate
y Date
Signature • 1 t='tc 1
t, 144-fir. i
Date I
Signature %
/ Date
Date
Signature --t- ;
Date
Signature -� • 4 �
Date
320S:- clro7v2,�
Address
�€> � �*-�?�t• �. �u it
Address ---
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Address
Address ,r
Address
Addresss •n •
Address
99— 231
P•..Pt2ia9'.'Ni�y(it?f V�/N"yi}7�i�Y�S�#%i�6
i
a'ci`a.ust'iL4?hi: '+�'+a�r';a€�?aso.atF� ,,.:r� _ . '' '� '*+..,,,� t 7.. f - ., k � t•C t p{ x�.,i
. ...r.. r, i • . r .. _... . .-., .�:: b r _..sue . fy.s a;..4. .-fM.ik" 3� 4 Y. 3 � «."V;f .? [: F'J Y
1Ne, the undersi ned
98.Dtg,3 for construction
state our support for a traction of these (3) single family hompes to for the
t Class II S
326D Florida Avenue. pecial Permit no.
to CIBss it S Our signatures below should also ocated at 3220, 3240, and
Dial Permit no. gg,0193 for be to witfx any previous appeal
tt (3) singis family homes.
Sip d ./J 4 �S'c S- v..r� 16_�6Address
�,
¢ti pate
f�. �1•YS pate
03Fv
Signs e
0ai,rc�
Date
Date
Date
Date
�/.TF
Date
Signaturet• IL
4 Date
Signature
Date
Signature
Date
/
,�
J a'�
•C-
Address Cf 4
Address
Address
. Addresg�
Address •
�-
Address
Address
Address
.3J •z _
Address
99- 231
-.
We, the und®rsi `•
98-0193 for oQ stru®n�, hey state our support
for a
3260 Florida Avenue p� (3) Singleapproval
for the Class II Speaai Permit no.
family homes to be located at 3220, 3240, and
to Class it S s+gnatures below should also be to Withdraw an
�I Permit no. 9"' 93 for the (3) single farad
�n d�ee y Previous appeal
�"P y homes.
.sig
/Dat J
Address
Signature
Signature
Signature
Signature
P,e d aul lr uare
7 -ILA
Wd5F!:r,*k11 Date
�+ �l
Date
C
Date
Date
Date
Date
1
Date
.:v �•rI vJ
Address
Address
5C15- -�ztq
�'1L13_y,�S
Address
Address
Address
Address
Address
99- 231
I WA-14h t
We. the
9 undersrgr , hereby state our s
for Construction of three support for approval for
326D Florida Avenue.(3) single family homes to be oc Glass II Special Permit no.
to Class signatures below should also meted at 3220, 3240, and
SPeaa1 Permit no. W-0193 for the three �31 be to thdraw any Previous a a!
V
�!e family homes. PPe
Wqnab
lIlc bete �- % •; .
)4-1719 �� Address `
o ��P 7A
• 5c -A A-
VZTI JI/
fti
90 dB `'� . '� 7 .
ACII
Address
-G4 Po .s .
Signature
Signa e
Signa e
Date
Date
Date
✓ .. V L• 1r I . Ci •�
Address
Address
Address
Address
R/ 9 — 2 I
77
7
�3•..�Z.i �147"—. �e ) i.�fc"�'s'��.L__.:..�.�.�. w _ _ 1 .., ... , t i _ .. ..
I
AFFIDAVIT
MTE OF FLORIDA }
COUNTY OF DADE • -. } SS
Before me, the undersigned authority, this day personally appeared
TammA
s r • Who being by me first duly sworn, upon Oath, deposes
and says:
1. That he is the owner, or the legal e9 representative of the oriner,
submitting • thb accompanying application for a
Public hearing as required by
Ordinance 11000 of the Code of the Cfty 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.
a.That All owners which he represents, if any, have given their flail
and complete P"Itssion for his to act in their behalf for the cha
nge Or modifiCa•
tion of a classification or regulation of zoning as set -out in the ac
companying
petition.
3. That the pages attached hereto and made a
Part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the applicatio
' documents submitted
in conjunction with this affidavit are true and come
Further Affiant sayeth not. �-X
(Halve
Sworn to and Subscribed before me .
this �—Tday of 1956
3
Notary Public— S�"o r`
My Comaissioa Expires;
�4•B OFFICIAL NOTARY
SEAL `
am
RA SANJURj0
SION NUMBER
364855
MISSION EXR17.1c)
99- 231
OWNER'S LIST
Owner's Name / C L cry y1 j ! • /L
Mailing Address
Telephone Number
Legal Description: y /,• - —
Owner's Name.,
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
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 Legal Description
32-1 s- 32 3 Se�QZ4-k -2v tom`
r3 Joe
Street Address Legal Description
Street Address Legal Description
z—
99- 231
- :.d.: ' ` .,x� -[� 7,t3 H rui'� � `� -.Jrr , . ;; � • .... eu�.rsrkNs} +..tn>+ wn'8r'.nYts,.x5?r:,q^Y;?M4} ..�.y anmeaye� tl . F';sai++?aiCx;r#V x�+..,� fs?°�.E.`if'n%�k''�� e.... ........ ]'.q"rk*k"�c..^em�n .n ......,.,,-...� ., .
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
TRACT A, RAINBOW PLAZA, ZLAT BOOK 117 PAGE 88, DADE COUNTY PUBLIC
RECORDS, STATE OF FLORIDA
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9412 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 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
Rarties, together with their addresses and proportionate interest. The owner of the propert
IS FARMER'S MARKET AT COCONUT GROVE, L.C., A Florida ,Limited Liabilit
Company, whose members are H.W. Allen Sweeny, Villa 50, 2000 S.
Bayshore Drive, Miami, F1 33133 who has•a 784 interest, Sky Smith,
Suite 100, 2400 S. Dixie Highway, Miami, F1 33133, who has an 11%
interest, and Thomas G Sherman, as Trustee, 218 Almeria Ave.,
Coral Gables, Fl 33134 who has an 11% interest.
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 12, and (b) located within 375 feet of the subject
real property.
All of that porta.on of Lot b and Lot 9-through 15, B ock 21, Plat Bo(
B at page 105, address 3215 and 3�35 and Ave., Coconut Grove, F1.
:
Q g�pp��pp-RR o���ppE_
THOMAS G. SHERMAN' AS -T77ONE"MANAGER, FARMER'S
MARKET AT COCONUT GROVE, L.C.
STATE OF FLORIDA } SS:
COUNTY OF DADE }
THOMAS G. SHERMAX
being duly sworn, deposes and says that he
is the (Please Print) (Owner) (Attorney for Amer) of the real property described in
answer to question fl above; that he has read the forego' answers and .that the same
are true and complete and (if actinalf tJ✓ig as attorney fo ,ow 0f)that he has authority to
execute the disclosure of Ownershipform on beho er.
(SEAL)
Signature of Amer or JAttorMKI- for Owner
SWORN TO AND SUBSCRIBEDbefore methis day of 4-1,� 199
Notary Public, State of F1 ida at arge
MY COMMISSION EXPIRES: . .......^--
u::.� eL WTARY SEAL �
SARBARA S,ANJURJO
COMMISSION NUMBER
Q CC364855
^tom MY COMMISSION EXP.
y APR. 17,1998
Ct
Zi Q. 4; 0
Thdacumertt acts Prepared br•c
Sherman & ' wire
218 AMmena Avenue
Coral Gables, Firtihla 33134
KNOW ALL MEN BY THESE PRESENTS
THAT I, FARMERS MARKET AT COCO _
[bereiaafter FARMERS MAP L.C. Nio GROVE. L.C.. a
forms � m 470G and
aPP01at BRUNO CA �' CO�ats aad appoir W. � � Company
ew
W Connection with t name, lam and steads. and more paro� jy tonageras true and lawful ��
real Property:onmg change application with the City of Miami FARMERS respect to the L.C.
TRACT
wig
A. �NBOW PLAZA, PLAT BOOK 117 AT PAGE 88, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
including the "ecupon of
necessary doh in connection tbe' h.
and pm fo iv*d Panting tuao BRUNO CARNESE t e.
Premises as fully. to inter and every act �� whatsoever requis �aa°�Y essarhell Power and
authonry to do
Power of substitution mPO• as l(we) °Q7' to be done in and about the
said attorneyrev 1i ight or could do if personally P,.M with full
Or substitute shall lawfully * �8 and fuming all that BRUNO
Y do or cause to be done by virtue bereof.
CARNESELLA,
1N K'n MESS HEREOF, I have hereunto set my hand and sea) Sealed the presence of:
ed and delivered in —L day of June, 19%
Warne: uaru .
came*
STATE OF FtAP,tIYA
COUNTY OF DADE
FIRS �RKETATCt
L.C., a Limitej Liability 4032LGROVE,
Compaq�
Thongs G. Sherman,
Its member and manager
BE IT ICNO wN. u�t ao sax %"t
day of june.
ER AND
t° me ►aoan aOd MANAG R of FAPj R3 before A7V!3 n h and apps THOAIAS C. SHRMAN.
�MERs M
+►IeddeQ the power of ano co be her as and dead knowe to me to be the gum Psoa bad m and "to c GROVE
the Power y ComPaay.
wrW'N TE"MONY WHMOF. I bare
m�bed my a.me aed afrx
my -W Of Ofticc the day gad year I= abon
o�y Pubb¢
ML+uc of Flanda°G6 OFIICUL NOraAr SE,
�1
2 :T.•= n traRaaRa raNJURJO
COIl1117s10N /IuwaER
ter' CCa64i
" c Mr CoalumsioN EXO
•PR. 1714D6
99- 231
1ZETURN TO.-
THOMAS G. SHERMAN. ESL.
SHER.MAN cat; CASTRO
218 Almeria Avenue
Coral Gahles, FI. 33134
_THIS iNSTRUMi"NT PRCNAt;I;I) i31':
JAN K. SEIDEN, ESQ.
2250 SW Third Ave, 5th FI.
Miami, FI. 33129
WA12ItitNTV nri?1)
PROPERTY APPRAISERS PA RCI LIML NO:
01-4121-116-0010, 01-4121-0070-3280; 01-4121-007-3290
SOCIAL SECURITY NO fGTtAN'l'EES):
THIS WARRANTY 1?I?E r�
D nracle rl,r — c1,ly o1 March, 1996, h
COMAS a maiTied man ARTi1R0 L. r'(►t.Ti1 S a sin- Y AR-rL RO F.
a sin le man hereinafter called the gr:►rltnr•, It,
; RS Mn�K� A71��C0 �MAS
GRC)VE L.C. a Florida Limited l..iahirit? _t : , UT
1 lice
7111 �••S'.` and whOSC
C/O SHERJv4AN & CAST RO ''18 �11n,eri.1 verr,e Coral C�ablespFLo33134ddress is:
hereinafter called the ---
include all grantee: (Wherever Irxrcf Irercin the terms ~
patties to this instrument and tl,c 11 irs, lc represent "grantors
assigns , grantee~
individuals, and the successors and assigns of corl,�rr; ;ins), gns of
_ WITNESSETiH: That the grantor, li,r ;mtl in consideration of the sum of $10.00 and
other valuable considerations, rcceiht I,er•eh}� acknowledged, hereby r
bargains, sells, aliens, remises, releases, rnnvc��s :,net cunlirrns unto the grantee, all th
Y grants,
certain land situate in _Dade at
,County. Florida:
SEE LEGAL DESC;.IPTION OF PROPERTY
ATTACHED HE1t1C'1'r) ,kS EXHIBIT "A
NOTE: The subject property hervir, is nut, and never Has been, the
homestead of any Grantor, nor is fire property now, or ever
been, contigous to the horrr"tcstd of any Grantor.
SUBJECT Tn:
l• Governmental zoning laws and re^tric,ions; 11tat re,trictians and limit;,
dedications, restrictions, limirations :uul r.,scnrent1 of record. limitations:
2. Real Property Taxes. for 1996 anc1 all subsequent veirs.
99- 231
{
3• Purchase Money 13;11100n First Morr";tpc
4• Building I,c;tsc with 22, 1994. WitGrove tl 1'!us, Inc
a 1 II►ritl;l Cor•Poration, c med l:ehrUary
TOGETHER with all the: Icncment,, llrrt t!it:uncr►ts ;,r)d ;r
belonging Orin any appertaining.
Ppurienanccs thereto
TO IIAVR- AND TO Ii!)l,l)• tilt: a:uric itr ,;i„thlt lorevc
AND the r.
seized of said land r n fee hereby
h; t thcsrrantcrr t�I .
and convey said land: that tl)e grantor here by full.,,,r•,r,rrt s that the grantor is lawlirlly
I•ts I,oc►d rigt)t and lawful authority to sell
defend the same against the lawful claims or Ill Pvr.%wa whomsoever, w.trr'ints the title to said land and will
free of all encumbrances, except taxt:s ttct:rl►,n ,
and that said land is
b ti(II,sequent to December 31, 19 95
IN W i
Prrst . SS WwrittcnOP, the %;Ii,! Signed and sealed these Presents the
day and year
SIGNED, SEALED & DELIVEIZEI)
IN OUR PRESENCE -:(as to all Grantors)
Print ;uric Al )
t' r.i lgt
Print Name:
I'Ifill Nam,- AR_rltitt) 1. ('t)MAti 7—'too S. n
a Inarrirll ,an
jiinc Ma,t,ta Urivc
/.•+i4
l`rin, N:ul,c: Alt'!'tIRO I.. C'UMAS a sin Ml�lresc' 100 s• lie In—_
Ke ltisl:a nr 17_ Mirlir)Ita privy
fly -
Prim
A�lilress: 41 s nc1le man
Ma�hta Drive
99- 231
6
.- •- . .,, ._ t ter: T 13914666
7
i
STATE OF FLORIDA 4
COUNTY OF DADE
I HEREBY CERTIFY that on this day, before me. an officer duty authorize
acknowledgments, personally appeared d to take
ALFREDO: GOMAe to me knowto be *�,. , . AS AR�rroO L n AS AND
of identification) �.� t+�a�un�s) aescnbed in and who produced (type
as identification and who did take an oath
S my hand ands in the County and State aforesaid
th'
ay of , 1996. n,
MY COMMISSION EXPIRES:vw IL Sam
st
NO Y PUBLiC, State of Florida %• Wes, � Y4
-
r.
99- 231
��N�t� t � { r 'x """"'ami+lw.hrrc.Y-'�Wi,7d�.FN+ �T*$+�,''w`8,�''d•.U"•p6�
r r"t�'�j.� .
L �q.. _
s�
�' tt y � �•} y
h
�4� F
n��
-
aE�:4887
tTM=
F,XEMIT "All
C�►tataow ��o�rrr, tt�c,)
-Tract A. Ra3abow plaza, Plat Book 117 st Page Be,
and that portion of Lot B and Late 14 and lSt less the South 10 it. 3nsa 10 11 12
bleat of SW 32nd Av o ('McDonald ate look 21`lyiagl3,
of th&ord .Frov p0msatead, according to ) amen'ded Plat
a•eeorded iTt ?lat Book $$w@ $ the S3.at thereof, ,
Recards of Dade county.at Page 106 at' the Pub12.c
Flor3.ds.
Yeas eko*e Lots 14 "FRow .g0MMSP�iAt�'.NDED$r and 15,Black 21,
thereof as recorded Sa P1aecordl g tthe plat
FlaxIda being
the Pub �t Records of Dade County.
follows: �'� more pa:•ticu],arly• described as
A $trip 'of land 15 feet elide lyyia
Sea�WOut of and IS sad lY�•ng betvedn sa Una 20
lice of S AF. 32ndAAve ua with, the agreed k- eec Len
amdasua at shown m Plat C7e11
1.8 35 to Cityy Of og �dbase buildta
31t a ectIf e,a line of S.W. nparallol with lthe whiee
32nd Avenue. agreed
and
The efceraal area Of a circular curve dviag a
radius of 25 feet and tangents Wcu
North of and A�=llal Witt► th® centerlZreie3ofres
Avenue and 3S ireet ilea t t and pp
agreed k seGrand
ction lino of S.W. 32 d Avenue. h the
A/$/A All of Block 21
Of r°cord) bordered c CZeaa ve daxy line reductions Gzand Avenue and Ma=ZaxetnSdtreezue' jlorida &v&nue.
1"=L. Flox°ida. Coconut Grove
FOR22BRLY Z.£GALLY MMCRYBED A3 r
Lots J►, S, 2, 3.r`.5.6,�.g,9 IO 11
AXEZ l8 feez of Lot 13 in Aj.oe3� 21 o -1FR1 and
nd'E,ghe .
Pok a. at pag Qo1066 Plat thoredf, as reeordad ins
Zlade CouatY. Plort 'pg the Public RecvrcU of
AECpr4vC Iy p¢
RECORD VERoreo
Q` LOOZELk ayr
HARVEY RUVIN
CLERK CJRCU/T C0Lmr _
.,... r 1 . . f. 1
99- 231
:AN.li belliX+ TC>hi T. s+,1.'d3�?'3.'G�.YhiflZh"�4 waljNi'M'igd.'.S.:Y..SiF1Tn=.i x+SV.Fr+W+«•i .--- .a
,..., _ ^.H: HaM Alf;S J(l
r
i
f ' 4
AFFIDAVIT
STATE OF FLORIDA )
) ss
COUNTY OF MIAMI_DADE )
BEFORE ME, the undersigned authority, this day personally appeared J Tucker, who,
after being duly cautioned and sworn by me,states that:
1. Affiant is sui juris.
2. Affiant certifies that the notices for the Jan. 25, 1999 hearing were mailed
Jan. 21, 1999 as shown by the envelopes, containing the notices, which are
dated and postmarked Jan. 21, 1999.
FURTHER AFFIANT SAYETH NAUGHT.
i
cker �[
SWORN TO AND SUBSCRIBED before me this `► day of Feb., 1999.
o�p�r ►����
1
JODY A SAEN2
°
My Commission 0045611"
ExpMes Apr. 25. 1M
r�
Bonded by HAI
�'EOF "1-0
SW-422-1555
93- 231
9
0
City of Miami
Notice of Public Hearing
NOTICE TO THE PUBLIC, SUBJECT PROPERTY
OWNER(S) AND PARTICULARY TO OWNERS
OF REAL ESTATE WITHIN 375 FEET OF
Approx. 3220/3240/3260 Florida Avenue
A PUBLIC HEARING WILL BE HELD BEFORE THE
CITY OF MIAMI ZONING BOARD
AS FOLLOWS:
Hearing Date: 01/25/1999
TIME: 7:00 P.M.
PLACE: City Hall, 3500 Pan American Drive
Legal Description
(Complete legal description on file with the Office of Hearing Boards)
Petition For:
Appeal by Brad Tucker of the Class II Special Permit Application No. 98-0193 approved by the Director of
the Planning Department on December 1, 1998, for the above location, to allow new construction of three
(3) single-family residential units pursuant to Articles 6 and 9, Section 602.3.1 of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami. This does not include Class it Special Permit No.
98-0056, which was approved by the Director of Planning on 4/10/98.
The PETITIONER or the PETITIONER'S LEGAL REPRESENTATIVE must be present at this Hearing. All interested
real estate owners are invited to express their views.
The petition and supporting papers for this Public Hearing are on file with the Office of Hearing Boards 444 S.W.
2nd Avenue, 7th Floor, Miami, Florida 33130 and are available for review during working hours. Phone 416-2030.
Should any person desire to appeal any decision of the Zoning Board with respect to any matter to be considered at
this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony
and evidence upon which any appeal may be based (F/S 286.0105 ).
CITY OF MIAMI ORDINANCE 11469 GENERALLY REQUIRES ANY PERSON WHO RECEIVES MONEY
OR ANYTHING OF VALUE OR FINANCIAL BENEFIT 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
99- 231
Tifij of fflianiti
OFFICE OF HEARING BOARDS
P.O. Box 330708 Miami, FL 33233-0708
P14
P&M 111A111,FL 011211,,cl- DC.R*
Brad. Tucker c/o Sbprnr
3250 Mary Street #202
Miami, Florida 33133
I EL)
\U.
gE'LURN RECEIPT PLEOUESTED
11
Tiba rrf Aiami
(5
OFFICE OF HEARING BOARDS
P.O. Box 330708 Miami, FL 33233-0708
TIF'14,
No. -SW - L4 �)Le
RE-LLJ.RN RECEIPT KE01JFS1-FQ
IMF-
P&M,
-s:z UCFA . 1-
R. & T
3241. Florida Avenue
Miami, Florida 33133
21 1 11 11 111 11 1111 11 11 11 111 11 11 If I I If it I I I I I I I I I I I I I 111 111 11 111 111
M
ZONING § 1804
ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND
DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING
Sec. 1800. Generally.
Appeals to the zoning board may be taken by any person aggrieved or by any officer,
board, or agency of the city affected by:
(1) Any decision of the zoning administrator including, but not limited to, decisions
involving interpretation of this zoning ordinance and decisions on Class I Special
Permits; or
(2) Any decision of the director of the department of planning, building and zoning
including, but not limited to, decisions involving Class 11 Special Permits.
Sec. 1801. Status of administrative decision; time limits on appeal; filing of appeal.
Decisions of the zoning administrator or the director of the department of planning,
building and zoning shall be deemed final, unless a notice of appeal is filed within not more
than fifteen (15) calendar days of the date such decision was rendered. Such notice of appeal,
specifying the grounds thereof, shall be filed with an officer or agent designated by the city
manager.
Sec. 1802. Transmittal of notice and record.
The officer or agent designated by the city manager ~hall promptly transmit the notice of
appeal to the zoning adininistc•atul• ur the directur uf'the dupart1nuait ul' planning, building unJ
zoning, as the case may be. The officer from whom the appeal is taken shall forthwith transmit
to the zoning board all the materials constituting the record upon which the decision appealed
from was taken.
Sec. 1803. Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the zoning board, after the officer has
received the notice of appeal, that, by reasons of facts stated by such officer, a stay would, in
the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall
not be stayed otherwise than by a restraining order issued by the zoning board or by a court
of competent jurisdiction, on notice to the officer from whom the appeal is taken and on due
cause shown.
Sec. 1804. Setting hearing dates; notice.
The officer or agent designated by the city manager shall set a date for the hearing of the
appeal, which shall not be more than forty-five (45) calendar days from the date the notice of
appeal was filed; provided, the time limitation herein set out shall not apply during the
thirty-one (31) days of the month of August. Notice of such date shall be given to the appellant
by certified mail. Notice by mail at least fifteen (15) calendar days in advance of the hearing
557
99- 231
§ 1804 MIAMI, FLORIDA
shall be given to any persons who, at any stage in the proceedings including that time prior
to decision by the administrative official, have in writing indicated their desire to be notified.
Sec. 1806. Availability of records.
All records in the matter of the appeal shall be open to the appellant and any other
interested persons, so that all persons concerned shall have full opportunity to prepare for the
hearing of the appeal.
Sec. 1806. Hearing, powers of zoning board.
The zoning board shall conduct the public hearing on the appeal. Any person may appear
by agent or attorney. All materials transmitted to the zoning board upon the notice of appeal
shall be a part of the record in the case. New materials may be received by the zoning board
where such materials are pertinent to the determination of the appeal.
In exercising authority to review the decision of the administrative official, the zoning
board shall have all the powers of the officer from whom the appeal is taken and, in conformity
with the provisions of law and this zoning ordinance, may reverse or affirm, wholly or in part,
or may modify the decision appealed from and may make such decision as ought to be made.
The concurring votes of five (5) members of the zoning board shall be necessary to reverse any
decision of such administrative official, or to decide in favor of the appellant.
Sec. 1807. Review of decision of zoning board.
Review of decisions of the zoning board on matters covered by this article shall be as set
out in article 20 of this zoning ordinance.
558 (The next page is 5731
99- 231
ml
PLACE
STAMP
HERE
iF
CITY OF MIAMI
r HEARING BOARDS DIVISION
P.O.BOX 330708
MIAMI, FLORIDA 33233,0708 f
59- 231
i
OF
EVIOUS
1�I�1 � J ►ai l �1►
CITY OF MIAM1
HEARING BOARDS DIVISION
P.O.BOX 330708
MIAMI, FLORIDA 33233-0'108
99- 231
4 �'
f
City of Miami
Notice of Public Dearing
NOTICE TO THE PUBLIC, SUBJECT PROPERTY
OWNER(S) AND PARTICULARY TO OWNERS
OF REAL ESTATE WITHIN 375 FEET OF
Approx. 3220/3240/3260 Florida Avenue
A PUBLIC HEARING WILL BE HELD BEFORE THE
CITY OF MIAMI ZONING BOARD
AS FOLLOWS:
Hearing Date: 01/25/1999
TIME: 7:00 P.M.
PLACE: City Hall, 3500 Pan American Drive
Legal Description
(Complete legal description on file with the Office of Hearing Boards)
Petition For:
Appeal by Brad Tucker of the Class II Special Permit Application No. 98-0193 approved by the Director of
the Planning Department on December 1, 1998, for the above location, to allow new construction of three
(3) single-family residential units pursuant to Articles 6 and 9, Section 602.3.1 of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami. This does not include Class II Special Permit No.
98-0056, which was approved by the Director of Planning on 4/10/98.
The PETITIONER or the PETITIONER'S LEGAL REPRESENTATIVE must be present at this Hearing. All interested
real estate owners are invited to express their views.
The petition and supporting papers for this Public Hearing are on file with the Office of Hearing Boards 444 S.W.
2nd Avenue, 7th Floor, Miami, Florida 33130 and are available for review during working hours. Phone 416-2030.
Should any person desire to appeal any decision of the Zoning Board with respect to any matter to be considered at
this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony
and evidence upon which any appeal may be based (F/S 286.0105 ).
CITY OF MIAMI ORDINANCE 11469 GENERALLY REQUIRES ANY PERSON WHO RECEIVES MONEY
OR ANYTHING OF VALUE OR FINANCIAL BENEFIT 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
99- 231
a
OFFICE OF HEARING BOARDS
P.O. Box 330708 Miami, FL 33233.0708
R & T
Mir-
`,
~-
3241 Florida Avenue
C E R-'t' T I F i Lp"' D Miami, Florida 33133
Ho.--SDQ `4�)Le 99— 231
RE-LURIS RECEIPT REOUFSTFU
J-99-204(a)
3/23/99
RESOLUTION NO. 9 9 — 2 31
A RESOLUTION OF THE MIAMI CITY COMMISSIO.
DENYING THE APPEAL AND AFFIRMING THE DECIS
OF THE ZONING BOARD, FOR CLASS II SPE AL
PERMIT NO. 95-0193, ISSUED FOR THE CONSTR ION
OF THREE (3) SINGLE FAMILY RESIDENTI UNITS
FOR THE PROPERTIES LOCATED AT APPR IMATELY
3220, 3240, AND 3260 FLORIDA AVE MIAMI,
FLORIDA.
WHEREAS, the Zoning Board at it,/meeting of January 25,
1999, following an advertised publi hearing, adopted Resolution
No. ZB 1999-0139, which affirmed a issuance of Class II Special
Permit Application No. 9B-0193 for the construction of three (3)
single family residential its for the properties located at
approximately 3220, 3240 nd 3260 Florida Avenue, Miami, Florida;
and
WHEREAS, an ppeal to the City Commission has been taken by
Brad Tucker o the grounds stated in his Notice of Appeal, filed
February 9, 999; and
, the City Commission after careful consideration of
this/ atter finds that the stated grounds for the appeal and the
fats presented in support thereof do not justify reversing the
Q `'KAI Al X.0 A--,
L""
44 &�A—i AAfol'..
CM COMMISSION
MEETING OF
W 2 3 1999
(�
ResoluiionNo.
99— 231
0
decision of the Zoning Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and fine
Preamble to this Resolution are hereby
thereto and incorporated herein as if t
Section.
ng contained in the
dopted by reference
ly set forth in this
Section 2. The City Commission hereby affirms the
decision of the Zoning and (Resolution No. ZB 1999-0139,
adopted January 25, 99), for Class II Special Permit
No. 98-0193, issued f r the construction of three (3) single
family residential units, for the properties located at
approximately 32 3240, and 3260 Florida Avenue, Miami,
Florida, and de es the appeal giving rise to this hearing.
Sect/On 3. This Resolution shall become effective
- 2 -
99- 231
I ' '
immediately upon its adoption and signature of the Mayox11.
PASSED AND ADOPTED this 23rd day of March
1999.
JOE CAROLLO,
In accordance with Miami Code Sec. 2.36, since the or did not indicate approval of
this legislation by signing it in the designated . ce provided, said legislation now
becomes effecthre with the elapse of ten (1 from the date of co regarding same, without the Mayor exerc' veto. issicn action
ATTEST : ,
WALTER J. FOEMAN
CITY CLERK
CI'NESS
1-mman, City Clerk
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.
- 3 -
99- 23:1
OPIN*IUN CARD FOR OWNERS OF PROPERTY WITHIN 375'
OMPLETE, FORM AND MAIL., THIS CARD MUST RE
ECEIVED BY 1:00 P.M. ON THE DAY OF THE HEARING.
I/We, as owner (s) of lot Block
of the Subdivision
Property bought in the last year? M Yes r No
-,A Q Favor ,i/WE THE PETITION
D Oppose
Signature AN 2 b �
Prins Name Address _
Remarks
Item No. • f nn
99— 23
....:......
City of Miami
Notice of Public Dearing
NOTICE TO THE PUBLIC, SUBJECT PROPERTY
OWNER(S) AND PARTICULARY TO OWNERS
OF REAL ESTATE WITHIN 375 FEET OF
Approx. 3220/3240/3260 Florida Avenue
A PUBLIC HEARING WILL BE HELD BEFORE THE
CITY OF MIAMI ZONING BOARD
AS FOLLOWS:
Hearing Date: 01/25/1999
TIME: 7:00 P.M.
PLACE: City Hall, 3500 Pan American Drive
Legal Description
(Complete legal description on file with the Office of Hearing Boards)
Petition For.
Appeal by Brad Tucker of the Class II Special Permit Application No. 98-0193 approved by the Director of
the Planning Department on December 1, 1998, for the above location, to allow new construction of three
(3) single-family residential units pursuant to Articles 6 and 9, Section 602.3.1 of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami. This does not include Class II Special Permit No.
98-0056, which was approved by the Director of Planning on 4/10/98.
The PETITIONER or the PETITIONER'S LEGAL REPRESENTATIVE must be present at this Hearing. All interested
real estate owners are invited to express their views.
The petition and supporting papers for this Public Hearing are on file with the Office of Hearing Boards 444 S.W.
2nd Avenue, 7th Floor, Miami, Florida 33130 and are available for review during working hours. Phone 416-2030.
Should any person desire to appeal any decision of the Zoning Board with respect to any matter to be considered at
this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony
and evidence upon which any appeal may be based (F/S 286.0105 ).
CITY OF MIAMI ORDINANCE 11469 GENERALLY REQUIRES ANY PERSON WHO RECEIVES MONEY
OR ANYTHING OF VALUE OR FINANCIAL BENEFIT 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
99- 231
CLiHU of Atiami
R e `p^'
OFFICE OF HEARING BOARDS
P.O. Box 330708 Miami, FL 33233.0708
"RTIFIED
F, ETORN RECEIPT RFOIJESTW
P&Dt,' 111011,FL qi 1�w__ 14; or; ;# . 1- �..
RrPA Tucker C/o ShPrsr
3250 Mary Street #202
Miami, Florida 33133
99- 2vi