The URL can be used to link to this page

Home My WebLink AboutR-99-0729W J-99-759(a) 9/28/99 RESOLUTION NO . "-' r� �d A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE 1 ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8.1, TO ALLOW A STRUCTURE WITH THE FOLLOWING YARDS: (1) WEST PROPERTY LINE --PROPOSED 4'0", (2) EAST )� PROPERTY LINE PROPOSED 13'0" SETBACK, (3) REAR PROPERTY LINE —PROPOSED 0'0" + 1,� OF ALLEY (ALLEY IS 10'0" IN WIDTH) = 5'0" (REQUIRED t 15'0"), AND PER ARTICLE 6, SECTION G05.8.2, TO ALLOW A STRUCTURE WITH THE FOLLOWING YARDS: (1) SOUTH ELEVATION —PROPOSED 18'0" + 5'0" ALLEY = 23'0", (2) WEST ELEVATION -- PROPOSED 31'0", AND (3) EAST ELEVATION PROPOSED -- 2510" (REQUIRED 33.7'), FOR THE PROPERTY LOCATED AT APPROXIMATELY 194-218 j SOUTHEAST 14'" STREET, MIAMI, FLORIDA, SAID I APPROVAL CONTINGENT UPON THE PROPERTY OWNER EXPENDING AN AMOUNT NOT TO EXCEED $40,000 FOR IMPROVEMENTS ON THE BUFFER AREA LOCATED ON THE EAST SIDE OF PROPERTY FOR INCREASED LANDSCAPE BUFFERING AND EXTERIOR FAINTING AT THE TIME OF, BUT PRIOR TO, ISSUANCE OF A i CERTIFICATE OF OCCUPANCY. i WHEREAS, the Zoning Board at its meeting of June 28, 1999, Item No. 4, following an advertised public hearing, adopted Resolution No. ZB-1999-0186 by a vote of eight to zero (8-0), granting a request for a Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, CITY COMMISSION MEETING OF I SEA'2� ��J �N90jULiOI1 I`IO. i f Section 605.8.1, to allow a structure as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the i { facts presented in support thereof do not justify reversing the decision of the Zoning Board granting the Variance as hereinafter set forth; 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 denies the appeal, and hereby affirms the decision of the Zoning Board (Resolution No. ZB-1999-0186, adopted June 28, 1999), with modifications, j thereby granting a Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8.1, to allow a structure with the following yards: (1) West property line --proposed 41011, (2) East property line proposed 13 0 setback, (3) Rear property line —proposed 010" + of alley (alley is 10,0" in width) = 510" (required 1510"), and s per. Article 6, Section 605.8.2, to allow a structure with the following yards: (1) South elevation —proposed 1810" + 510" alley = 23'0", (2) West elevation --proposed 3110", and (3) East s elevation proposed-- 2510" (required 33.71), for the property located at approximately 194-218 Southeast 14L" Street, Miami, J Page 2 of 3 L Florida, said approval conditioned upon the property owner expending an amount not to exceed $40,000 for improvements on the buffer area located on the east side of property for increased ' landscape buffering and exterior painting at the time of, but prior to, issuance of a certificate of occupancy. { Section 3. This Resolution shall become effective j immediately upon its adoption and signature of the Mayor' PASSED AND ADOPTED this 28th day of September 1999. JOE CAROLLO, MAYOR in accordance with Miami Codo Sec. 2-36, since the Mayo+ did rrt indicate approval of ft,_z '-gislation by si ning it ;n the d C� �Tl« F:a ''i.1C"? 1 rm,idod, q ft{ 1n4L lcn d y, hoctive with the of lie ci t:!- +n� r :ti :. �•' 'i at�CUl ril S C: i, t rtQarding same, withoLt iilo k ld;'Or • V'r''It r . f"n, _a .,ity Clerk ATTEST: i i. WAL'TER J. MAN, CITY LERK 1 c APPRO D AS;TO FO AND CORRECTNESSt/ VILARELLO CI ATTORNEY 3735:YMT:BSS l i� I£ 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 i I PZ-3 ZONING FACT SHEET 1lCIlI CRRTtC Case Number: 1999-0226 28-Jun-99 Item No: Location: Approx. 194-218 SE 14th Street Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Key Real Estate Development II, Corp. Adrienne F. Pardo, Esquire 3006 Aviation Avenue, Suite #2A 1221 Brickell Avenue Miami, FL 33133 Miami, FL 33131 App. Ph: (305) 857-0400 Rep. Ph: (305) 579-0683 ext Rep. Fa C__J + ext Zoning: SD-5 Brickell Avenue Area Residential -Office District Request: Variances from Ordnance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8.1, Minimum yards, Pedestal yards below 40' in height, to allow a structure with the following yards: West property line - proposed 4'-0", East property line - proposed 7.5', Rear property line - proposed 0'- 0" + 1/2 of alley (alley is 10'-0" in width) = 5'-0" (required 15'-0"), per Article 6, Section 605.8.2, Minimum building setbacks adjacent to interior lot lines, Tower and Pedestal above 40' in height, to allow a structure with the following yards: South elevation - proposed 18'-0" + 5-0" alley = 23'-0", West elevation - proposed 31'-0", East elevation - proposed 25-0" (required 33.7'), and per Article 6, Section 605.10.1, Minimum and maximum offstreet parking limitations, to waive thirty-eight (38) of the required 122 offstreet parking spaces. Purpose: Recommendations: Planning Department: Denial Public Works: No comments Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: Last Hearing Date: Found: Violation(s) Cited: Ticketing Action: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Waming Letter sent on: 99'`129 I N Qfi * ��cenr oaKTto ZONING FACT SHEET Case Number: 1999-0226 28-.Dun-99 Item No: y Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CBB Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 1999-0186 Zoning Board: Approval with conditions Vote: 8-0 , Appellant: Babylon International, Inc. 1 { 99— 140 *Y EURM Asa Mew £Asr - PACIM AMSTCkDAM MIL AN ALMAtt 0ARCCLONA MOSCO.. BA.0 BE LIN MVNICw 9ANG.0. BRUSSCLS RA R:S BCIJ:NG BVDAPCST f•R AGVC HAND, C mqo P11AD. IIC CN, IN. CITT rgAN.ruRT ROM[ nNG.ONG GENE a A tT RE-CPSRURG HSINCwU .IEV STCC. CfL- w 11LA L AUSANNE WARSnK w{LPOURNr LONDON GURICN SINGA O.E MAMD S'DNC• T A It, T O. TO ._j ANTHONY J O'DONNELL. JR. enthony.o'o0nne11 Qba k,e-net.com (305) 789.0431 B July 13, 1999 VIA LAND DELIVERY BAKER & W`KENZIE ATTORNEYS AT LAW I200 BRICKELL AVENUE (9TH FLOOR MI.AMI, FLORIDA 33131 TELEPHONE (305% 789-8900 FACSIMILE 1305) 789.8953 Ms. Teresita Lascaibar Fernandez, Chief City of Miami Office of Hearing Boards 444 Southwest Second Avenue, 71h Floor Miami, Florida 33130 NOWTN AND SOU7N AMERICA BOGOTA M£XICO CITY SAN CRANCISCO BRASILIA ..AMI SANTIAGO BUENOS AIRES MONTCRREY SAO PAULO CARACAS NEW YOR. TIJVANA CWCAGO PALO ALTO TORONTO DALLAS RIO OC JANCIgO VALENCIA NOUSTOM SAN DI£GO WASwINGTON. O.C. JUARCZ Re: Appeal of Zoning Board Resolutions, June 28, 1999 Case Nos. 1999-0225 and 0226; Items 3 and 4 Ivey Real Estate Development II, Corp. Dear Ms. Fernandez: This letter constitutes an appeal and request for review by Babylon International, Inc. (`Babylon") of the above -referenced two resolutions of the City of Miami Zoning Board adopted on June 28, 1999. The resolutions granted variances from the Zoning Ordinance of minimum yards. building setbacks and offstreet narking and a special exception for valet parking for a massive 194,800 square feet, 120-unit residential complex with a restaurant/lounge open to the public. The proposed complex is to be located next to a residential building owned by Babylon and abutting the subject property to the Last. The project will have an adverse impact on the use and value of Babylon's property if the variances and special exception are granted. The minimum yard next to Babylon's property would be reduced from 15 feet required to only 7.5 feet; the minimum building setback would be reduced from 33.7 feet required to oilly 25.0 feet; and the minimum parking would be reduced from 122 spaces required to only 84 spaces. RD JUL 1 3 B99 .9t9- 729 I BAKER & TNV� ',,NZLE Ms. Teresita Lascaibar Fernandez July 13, 1999 Page 2 The legal grounds for Babylon's appeal are as follows: 1. Neither the written petition nor the record before the Zoning Board demonstrated a legal hardship or any of the other rriteria for granting a variance under Article 19 of the Zoning Code, to wit: (a) The size and shape of the property are not special circumstances, but are applicable to many other adjacent lands, structures and buildings in the same zoning district and would not justify the variances. (b) These are no special conditions or circumstances related to the property which would justify the variances. (c) The minimum yard. setback and parking requirements of the i Zoning Ordinance do not deprive the owner of rights enjoyed by others in the same zoning district and do not work unnecessary and undue hardship on the owner. (d) The granted variances do not convey the same treatment as to the owners of other properties in the same zoning district. (e) The variances are not the minimum to make reasonable use of the property. (f) The variances would be injurious to Babylon's abutting property and detrimental to the neighborhood and the public welfare. 2. The variance of minimum parking was opposed by professional staff and no substantial competent evidence was presented in the record to support the variance of over 30% of the required parking for the 120-unit residential complex. 3. The special exception for valet parking is unlawful in that it would utilize required offstreet parking exclusively for valet use thereby creating parking overflows in the area which would adversely affect the Babylon property and the neighborhood as a whole. 4. The special exception for valet parking and the parking variance violate Sections 1600 and 1901 of the Zoning Ordinance in that the interrelated parking variance would alter the limitations imposed upon valet parking by the Zoning Ordinance. 99— 7CI 9 BAEER R WHE ZrE Ms. Teresita Lascaibar Fernandez July 13, 1999 Page 3 i [ For the above reasons. Babylon requests a review of the Zoning Board's resolutions by the City j of Miami City Commission and a reversal of the resolutions. Very truly yours, E i Anthony J. 'Dorutell, Jr. r s AJO:kt 1 l f j S5 S { 1 { 9 9 '7 9 ::ODMAtP000CSIM IADOCS11838W t o i n : SbAM FPCIM WARRRAN . i 1-rr.E b TIM 6vS UUMtxT rW'MUr1) nv: Jefirry A. Bernstein, Esq. IW N. BLscavne Blvd. N 1707 Miami, Fi 33132 FOLIO NMfBER: 01-0210-050 GRANTEE(S) SS Os: THIS WARRANTY DEED rnadt drit ,(j, day of Ma+rfr, W8 by BAYHAVEN INVf'CTMENfS, INC., a Florida corporation, herrinafrer called the grantor, to KEY REAL FSTATE DEVELOPMENT 11, CORP., a Florida corporation, whose past office address Is 3006 Aviation Avrnue. Suite 2-A, Coconut Grove, FL 33133 hereinalter called the grantee. ratKrer .rd Le,eM u. u+,w •rrna.,r wn •rruue.• rsw w u,r pntfr, �e ur. Inr,r,�,rr vr,hc M.a, r.rr,n.e�.u,t.e, r/ selrar er.+r,.reer.. m,a 11.e wwmr.�n a�*+n of amPa:xrau.l NVITNESSCTH: TItat flit grantor, for and it, consideration of rite suns or sIo.00 and otter valuable cofisiderations, receipt whereof Is hereby nckeowledgcJ, hereby grants, bargains, sells, aline, rcmists, releases, conveys and confirms unto the grantee all that ctmin land siniare in Lade County, SM(c of Florida, viz SEE ATTACHED EXHIBIT *A* TOGETHER, with all the trhtnacrim. hertdirarnents rand appuntnances thrreto bcIonging Orin anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hcrcbv covenants with said granite that drat grantor is lawfully sewed of said rand In fee simple; that the grantor has good right and lewiul :wiliority to sell and convey said land, and hereby warrants the tide to said rand and will defend the sane against the lawful clams of all petsons whomsoever, and that said land is free of all encumbraarrtts, except taxes accruing subsequent to December 31, 1997. IN WI'MESS WHEREOF, the said gtntor teas signed and scaled these presents the day and year first above written. Signed, sealed and delivered in the pn_scnce of: 13AYHAVEN INVMMENTS, INC. it Florida corporation, By ,NAla ARTHUR IL SCOTT, as President ATTEST: r..c rxwtr•Jr NM/li � � BY RICHARD C. WEST, ra Sem-ary STATE OF FLORIDA COUNTY OF M"I-DADE 'tyre foregoing instrument vrrs acknowledged before sue this day of March, 1998 by ARTHUR R. SCOTT and RICHARD C. WEST, as Pmident,and Sear y, t,'Gsp Ively, of BAYHAVFJ4 INVESTMENTS, INC., who are persoaally lmown to me or who produced ��` e+r I l a t {tea Q as idtnrificadon and who did rake an oath. SEAL HAX0 E. ?IxYS ley Ctarn tzn. 2/03/9B DWIed BY Service las L o- fin. Cin,'6343 r 11 `MM { orstIL NOTARY PkJULIC STA , OF 11 LORIDA - 7 2 9' L- J-99-759(a) 9/7/99 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL, AFFIRMING 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 605.8.1, TO ALLOW A STRUCTURE WITH THE FOLLOWING YARDS: (1) WEST PROPERTY LINE -- PROPOSED 4'0", (2) EAST PROPERTY LINE --PROPOSED 7.5', (3) REAR PROPERTY LINE --PROPOSED 010" + OF ALLEY (ALLEY IS 10'0" IN WIDTH) = 5'0" (REQUIRED 15'0"), AND PER ARTICLE 6, SECTION 605.8.2, TO ALLOW A STRUCTURE WITH •THE FOLLOWING YARDS: (1) SOUTH ELEVATION-- PROPOSED 1810" + 510" ALLEY = 2310", (2) WEST ELEVATION- -PROPOSED 311O", AND (3) EAST ELEVATION PROPOSED-- 25'0" (REQUIRED 33.7') FOR THE PROPERTY LOCATED AT APPROXIMATELY 194-218 SOUTHEAST 14T" STREET, MIAMI, FLORIDA. WHEREAS, the Zoning Board at its meeting of June 28, 1999, Item No. 4, following an advertised public hearing, adopted Resolution No. ZB-1999-0186 by a vote of eight to zero (8-0), granting a request for a Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 605.8.1, to allow a structure as hereinafter set forth; 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 decision of the Zoning Board granting the Variance as 9 9 "1 hereinafter set forth; 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 denies the appeal, affirms the decision of the Zoning Board (Resolution No. ZB-1999- 0186, adopted June 28, 1999), thereby granting a Variance to allow a structure with the following yards: (1) West property line --proposed 41011, (2) East property line --proposed 7.51, (3) Rear property line --proposed 010" + % of alley (alley is 1010" in width) - 51011 (required 1510"), and per Article 6, Section 605.8.2, to allow a structure with the following yards: (1) South elevation --proposed 1810" '+ 510" alley - 231011, (2) West elevation --proposed 311011, and (3) East elevation proposed-- 25'0" (required 33.71) for the property located at approximately 194-218 Southeast 14TH Street, Miami, Florida. Section 3. This Resolution shall become effective t i 1 2 ) 99- 1 immediately upon its adoption and signature of the Mayor!'. PASSED AND ADOPTED this day of 1999. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO �g i CITY ATTORNEY �I "f {( W3735:YMT:eij f1 i } '-� If the Mayor does not sign this Resolution, it shall become effective at i 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 i upon override of the veto by the City Commission. 3 - J-99-759(b) 9/7/99 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL AND REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8.1, TO ALLOW A STRUCTURE WITH THE FOLLOWING YARDS: (1) WEST PROPERTY LINE -- PROPOSED 4'0", (2) EAST PROPERTY LINE— PROPOSED 7.5', (3) REAR PROPERTY LINE --PROPOSED 010" + OF ALLEY (ALLEY IS 10'0" IN WIDTH) = 5'0" (REQUIRED 15'0"), AND PER ARTICLE 6, SECTION 605.8.2, - TO ALLOW A STRUCTURE WITH -THE FOLLOWING YARDS: (1) SOUTH ELEVATION— PROPOSED 18'0" + 5'0" ALLEY = 23'0", (2) WEST ELEVATION- -PROPOSED 311011, AND (3) EAST ELEVATION PROPOSED-- 25'0" (REQUIRED 33.7) FOR THE PROPERTY LOCATED AT APPROXIMATELY 194-218 SOUTHEAST 14TH STREET, MIAMI, FLORIDA. WHEREAS, the Zoning Board at its meeting of June 28, 1999, Item No. 4, following an advertised public hearing, adopted Resolution No. ZB-1999-0186 by a vote of eight to zero (8-0), granting a request for a Variance to allow a structure as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision 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 denial of the Variance; J i4 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 grants the appeal, reverses the decision of the Zoning Board (Resolution No. ZB- 1.999-0186, adopted June 28, 1999), thereby denies the Variance to allow a structure with the following yards: (1) West property line --proposed 4'0", (2) East property line --proposed 7.51, (3) Rear property line --proposed 010" + % of alley..(alley is 1010" in width) = 510" (required 1510"), and per Article 6, Section 605.8.2, to allow a structure with the following yards: (1) South elevation --proposed 1810" + 510" alley = 231011, (2) West elevation --proposed 311011, and (3) East elevation proposed-- 25'0" (required 33.71) for the property located at approximately 194-218 Southeast 14`h Street, Miami, Florida. Section 3. This Resolution shall become effective 1 - 2 - r 99- i4a immediately upon its adoption and signature of the Mayorl�. PASSED AND ADOPTED this day of 1999. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO V I LARELLO CITY ATTORNEY p1m W3736:YMT:eij 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. 4 LEGAL DESCRIPTION Lots 6, 7 and 8 as One, Block 2, Amended Plat of Point View, according to the Plat thereof recorded in Plat Book 2 at Page 93 of the Public Records of Dade County, Florida i Approx. BRICKELL AVE & SE 14 ST (LOTS 6,7 AND 8 AS ONE, BLOCK 2, AIMMENDED PLAT OF POINT VIEW, PB 2/93) (ZONED SD-5) s VARIANCE, as per City of Miami Zoning Ordinance 11,000 as amended Article 6 section 605.8.1 to allow a structure Nvith the following yards: Pedestal yards below 40 ft in height. • West property line - required 15ft; proposed Oft • East property line - required 15 ft; proposed 7.5ft • Rear property line - required 15ft; proposed Oft +1/2 of alley (alley is !Oft in width) = 5ft VARIANCE, as per City of Miami Zoning Ordinance 11,000 as amended Article 6 section 605.8.2 to allow a structure with the following yards: Tower and pedestal above 40ft in height. • South elevation - required 38.5ft; proposed 18ft. + 5ft. alley = 23ft. • West elevation -required 38.5ft; proposed 31ft. • East elevation - required 38.5ft; proposed 25ft. VARIANCE, as per City of Miami Zoning Ordinance 11,000 as amended Article 6 section 605.10.1 to allow a structure/use to exist with the following parking: required - 121 parking spaces proposed - 83 parking spaces SPECIAL EXCEPTION, as per City of Miami 'Zoning Ordinance 11,000 as amended Article 9 section 917.1.2 to allow valet parking for a Hotel (122 spaces available for valet service). SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11,000 as amended Article 6 section 605.4.3 to allow a bar/lounge. The Special Exceptions encompasses the following special permits: • Class I for swimming pool (Art 9 sec 906.6). • Class II for development in the SD-5 District (art 6 sec 605.3). • Class II for outdoor dinning activity (Art 6sec 605.5) • Class II 'for reduction of the required 1 ft. separation when a parking space abuts a column / wall. Note: property re -zoned under ordinance 11668 Javier Carbonell Zoning Insp II November 4, 1998 99- 7219 5-15-1999 1: d 1 PM FROM ARTICLES OF NCORPORA77ON OF KW REAL STATE DEVELOPMENT II, CORP. a Fkdda 'Gor pmt'elim A&UM I-NA.MS Tire name of this Corporation is KEY REAL. ESTATE DEVELOPMENT 11, CORP.. a Florida Corporation. ®$Z.'E II-DURATIOAI This Corporation shall have a perpetual existence corarnencing on the Date of Filing, Ai nas XTim P n This Corporation may engage; in any activity or bnsinew permitted under the iawe of the United States and the State of Florida. �$TICLE l,V-CAPITAL. STOCK This Corporation is authorized to issue 1,000 sh= of Ten Dollar ($10.00) par value common stock, which shall tie desigaed "Common Shares". ARTTCLE v-HWLSTE= QMCE A]ti'Li AGENT- AM CO Et -ORATE ADDRESS The name and strut address of the initial registered office of this Corporation is Jorge E. Rodriguez, Esq., 777 Bricke.l Avenue, Suits 950, Miami, Florida 33131. The initial corporate address of this corporation is 3006 Aviation Ave.,Sulte z-A, Coconut glove, Florida 33133. AM", LE V1_ L-B!2ARD OF DIRECTORS This Corporation shall have 'rHREE (3) Directors initially. The number of Dirccators may be Increased or decreased from time to time by the By -Laws, but shall never be loss than IMM (3). The names and addresses of the initial Directors is: z0Q 1?£S 'ON 729 0L6i9TVG0£ +- 9I8nu& ONMNYAHS 92!:L1 66i9IiS0 S-15-1 S99 1 : d 1 PM Fes,, @M Neyda E. Avila 3006 Aviation Ave. .Suite 2-A Coral Gables, Florida 33133 Carlos E. Avila 3006 Aviation Ave. Suite 2-A Coral Gables, Florida 33133 EdmWo Avila 3006 Aviation Ave. Suite 2-A Coral Gables, Florida 33133 The By-laws of tfiis Corporation may be adopted, altered, amGstdcd or repealed by either the StocacholdWs) or Dir tors) . The Corporation "I indm-mify any Officer or Director, or any former Officer or Dira=, to the full extent permitted by law. &U& r~ X.iNCGll f'QR�.'1'G$ The person signing these articles is Jorge B. Rodriguez whose address is 777 Briclflcil Avenue, Strife 950, Miami, 1'-lorida 33131. This Corporation reserves tht, right to amp or reptdal any provisions comined in Cbw Articles of incorporation, in a=rdawe with the provisions of the Florida Gemral Corporation Act. WITNESS , tM undersiped has executed these Articles of Imeorporation, this 1999, Jorge E. Rodriguez Me] b£S '0N L P.5 09- 729 046T9TVG0£ 4- 9I8nu8i 983SN3389 92!:LT 66/81/90 . a. AFFIDAVIT "'T- ►TE OF FLORIDA } ) SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared Adrienne F. Pardo 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 fo 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, + hone 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- r Applicant's Signature STATE OF FLORIDA Adrienne F. Pardo COUNTY OF MIAMI-DADS Tle foregoing instrument was acknowledged before me this r day of 19ciby Adrienne F. Pardo who is personally known tp me et-whe-#as prettee4 as-ideatifiea6en and who did (did not) take an oath. Name: Notary Public-5 NXARYSEAL Commission No.: MARISOL R GONZALEZ My Commission E % RYKMLICSTATEOFF DFMA `` ��pMMI S61ON NO. CC77130 MY COMMLSSION EXP. SEPT 19 OWNER'S LIST Owner's Name Kev Real Estate Development II, Corp. Mailing Address Grove Corp Center, 3006 Aviation Avenue, Suite #2A, Miami, F1 33133 Zip Code__ Telephone Number (305) 857-O400 Legal Description: See attached Exhibit "1" 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 Legal Description Street Address Legal Description Street Address i i Legal Description f r DISCLOSURE OF OWNERSHEP 1. Legal description and street address of subject real property: See attached Exhibit 111" 194-218 S.E. 3,4r.h Street, Miami, Florida 2. Ownerts) 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, q P g st, Y, in the subject matter of a i 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. Key Real Estate Development 11, Corp. Nayda E. Avila- 100% 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 , azll Owner or Attorney for (. w er Adrienne F. Pardo STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this day of _ 19___I, by Adrienne F. Pardo who is personally known to Oe or who has produced as identification and who i i not) take an oath. Name: Notary Public ARYSFAL Commission o�XARY �vtARL80LRCO 7-kLEZ ra PUBLIC STATE OF FLORIDA MyCommissi nJbWL5SLONNO.CCTlt3d8 COMMISSION EXP. SEFT 17,2002 99- 7049 STATE OF FLORIDA COLJN, n" OF NIIAMI-DADE The foregoing instrument was acknowledged before me this day of `19 G. by Adrienne F . Pardo who is personally known to me or who has produced as identification and who did (did not) take an oath. Name: OFFICIAL NUTARr SEAL Notary Public- t� ROONZAIM Commission N .: t3i STATE OFnDMA COMMISSION NO. CC771348 My Commissio ISSION EXP. SEPT 17 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 19 , by of a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: i i t STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 19 , by pamer (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. Name: Notary Public -State of Florida Commission No.: My Commission Expires: r1 99- 40 1_ es�a CITY' OF MIAMI OFFICE OF HEARING BOARDS APPLICATION FOR VARI NCE saswawsrsws«roa«r«w«rrrrrrwrsrrrrrss»rrrararsrrr•errsasoraasrrrrrrwasrrsrsrwrrrrsrarsrsarasrrtst 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 CONDUCTr.NG 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. rtrrtewrrrsrrsrarrrtrMerarwrrrrtrwrrrrrrrsrseriarsrsr*rrrstrs+rratsstrtttesrsrarsawsrrrrrwwrrsrrt NOTE: THIS APPLICATION MUST BE TYPEWRMrEN AND SIGNED IN BLACK INK. 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 Articie 19 of the Zoning Ordinance). 4 Adrienne F. Pardo, on behalf of Key Real Estate Development II, Corp. hereby petition the City of Miami Zoning Board for Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at 194-218 S.E. 14th Street, Miami, Florida ,folio number 01-021075 0- 75U & - _17UDu-.._ as specified below. In support of this application, the following material is submitted. X 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. _ X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest form (attached to application). # X 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered by the application. X 5. At least two photographs that show the entire property (land and improvements). J- 7911 X _ 6. Recorded warranty deed tax forms for the most current vear avai a that show the present owner(s) of the proper. 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). X 8. Fee of 5 19 , 700.63 to apply toward the cost of processing, according to Section 42-156 of the Zoning Ordinance: CS, PR, R-1, R-2, (single-family and duplex residential uses)......................S250.00 Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot...............................................................................S 45.00 Minimum........................................................................................................S700.00 All applications f'or 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..................................................................................$ .10 Minimum........................................................................................................S650.00 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...........................................................................................S250.00 All other residential districts.........................................................................S450.00 All nonresidential districts............................................................................S550.00 Extension of time for Variance.....................................................................S500.00 Public hearing mail notice fees, including cost of handling and mailingper notice.........................................................................................S 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 from a property owner within three hundred and seventy-five (375) feet of the subject property X 9. The Variance request is for relief from the provisions of Section 605.8.1 , 605.8 of the City of Miami Zoning Ordinance as follows: an We are requesting setback variances for the east (7.5sq.ft.), west (4ft.) and rear (5ft.) side yards for the building pedestal which all require 15 feet. We are also requesting upper level variances for the east (25ft.), the west (31ft.), and rear (18ft.) sideyards for the tower which all require 38.5ft. We are also requesting a parking variance for. 38 parking spaces. There will be 120 residential units which require 120 parking spaces and 1000 sq.ft, of retail which requires 1 parking space, requiring a total of 121 spaces. The applicant will provide 122 parking spaces (1 space in excess), however since the spaces will be stacked, we are required to request a variance for 38 of the parking spaces. �J- '' Zzy X 10. in support of the a• ''cation, the applicant is prepared to offer t, rollowing evidence, on the point enumerated at Sec, . 1903 of the City of Miami Zoning Ordinance. Mote: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. X (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 (its configuration) and the requirement of the SD-5 district which provides that the upper level must be setback additional feet for the increase in height. The parking variance is required due to the stacking of the cars, although more than required parking will be provided. X (b) The special conditions and circumstances do not result from the actions of the petitioner in that: 1) The applicant has no control over the unusual configuration of the lot nor the requirements for setbacks on additional heights for lots which are not significant in width and depth. In addition, the 10 foot alley in the rear provides an additional buffer for the rear pedestal and rear tower setbacks. 2) Due to the number of -spaces actually being provided, no special conditions are granted by approval of the parking :variance- X (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: `s Literal interpretation of the setback and parking requirements of the zoning ordinance would prohibit the applicant from constructing what is permitted by the Zoning Ordinance in the SD-5 district. X (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: The applicant is asking for the minimum setback and parking variances which will enable it to construct a building as permitted by the Zoning Ordinance. X (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land. building or structure in that: i What is being requested are the minimum setback and parking variances. i. S 9 9 - �� X (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 and the proposed project will be in keeping with the surrounding 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 application. Sipawre -i.�-- , ti•C _ Name Adrienne F Pardo Address 1221 Brickell Avenue Telephone (305)579-0683 • !?ate r yam., tit; '�� 13 0 04 a;i Z '' ri #-�.� ) � � • ',+ % fir, ..��i• C -1 .C'__.i.. gyp, Y•'. -a T-,, v, 1• "mac Gob. . 4 S r 'Tom" 4 qT OWI IC 29 T '� - .,� may..• •S � �-"�/',� .y"r •rj ` }1..1 ; 'B;,�f j;, ,' .� ••.x. 1.. i- / :1.,',• �'" .� '-,a.. .r�..�.-ate. � d. .,mac ��•r•h 1 �r 1l �._ 'i' �� i,� _ � : /9 ;^"fig' ✓ � .. "`1tjr..��r„�cir�` y' :4Py,r�' y,'�'..�� _ -, '7 '�•, �4N Ky 1 ,` 'r —" -'^I c'�i� `\• � �}r--•---1 v � _ _ .I NY ___• o. 1—, �I�. _ ,., r..�.. 5' u�� i�-•.r••� E�—� _. tv'..� � fit", 1 � � I �— ,� `��."� ``'i. � -�'"� � •� ``,.`: a lye r� � i i L . y E h . � •� �: w ��"�t� '`1 `� � 71 Y �j•I Carr i •I ':i. �� I ?"'iT��gw"^��{ �� 1�� .l �.T•� r., �� '`'mK tip" �4`I. steAt if if /\� �> � i; ' ■ � u �'• � (I f---• ` "' ,'L�..-�7f. c+`, � rw.cr "ox a�```I r`i'�(•1. ..•I/'1` I (I `�YYY j 5- �-. „V'��.7 � Vc. y' fix• �.� - \• f ��J •,t�' \ •" �':'1 �` roe rE /' r .•�V \. � t � 1Ja <a j L_GcNO ��F.� ni STpR� i5E►vanor �•�•s• city C(eri: ' 'his :s Pa.'-.= cf :;:c O ;icia! Zoning A!'as rctcrCd :o znd adortcd 5Y rt= e•^•e O d:rar.ce !I yY, 2s arscr.:od. cf tnc City cf,p -- Foriti" adop:ed ° :590. T Prepared by f• Pi=aing S ?.a:::ro D cP ^ reZt I or 37 09� - i29 i ZONING 130ARD ACTION ON PETITION FOR VARLkNCE MOTION: I move that,shenrgafsflaa Agenda Item ti `i be (DENIED '(X GR.AN7ED) in that the requirements of Section 19a3— vRE1-('A`ERE NOT) sausfied by relevant evidence in the record of the public hearing. (a) as stated in the City's finds or fact, or (b) as demonstrated by the petitioner, or (c) on the basis of the following: The Toning Board shall make find rgs that all of the requirements and standards of Section 1903.1 ('HAVE BEEN) (HAVE NOT BEEN) demonstrated. C CK ONE (a) Special conditions and circumsances (EAST) (DO OF EACH NOT EAST) which are peculiar to the land, structure or STATEMENT building involved and which are not applicable to other lands, structures, or buildings in the same zoning district 1) as stated in the City's findings of fact _ 2) as demonstrated by the petitioner 3) as otherwise stated below: (b) The special conditions and circumstances (DO) (DO NOT) mule from the actions of the petitioner _ 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: (c) Literal interpretation of the provisions of zoning ordinance (WOULD) (WOULD NOT) deprive the applicant of rights commonly enjoyed by other properties in the same zoning district undo the terms of the zoning ordinance and work unnecessary and undue hardships on the petitioner 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner _ 3) as otherwise statrd below: (d) Granting the variance requested (WILL) (WILL NOT) convey the same treatment to the individual owner as to the owner of other lands, buildings, or structures in the same zoning district I) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: (e) Granting the variance requested (WILL) (WILL NOT) convey the same treatment, any special privilege that is denied by the zoning ordinance to other lands, buildings or struc=-es in the same zoning district (f) If granted the variance (WILL BE) (WILL NOT 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 I) as stated in the City's findings of fact _ 2) as demonstrated by the petitioner w 3) as otherwise stated below: Agenda Item Date q Y Miami Zoning :hoard Resolutiow Zia 1999-0186 Monday, 3une 28, 1999 Mr. Charles J. Flowers offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 605.8.1, MINIMUM YARDS, PEDESTAL YARDS BELOW 40' IN HEIGHT, TO ALLOW A STRUCTURE WITH THE FOLLOWING YARDS: WEST PROPERTY LINE - PROPOSED 4'0", EAST PROPERTY LINE - PROPOSED 7.5', REAR PROPERTY LINE - PROPOSED 0'0" + 112 OF ALLEY (ALLEY IS 10'0" IN WIDTH) = 5'0" (REQUIRED 15'0"), PER ARTICLE 6, SECTION 605.8.2, MINIMUM BUILDING SETBACKS ADJACENT TO INTERIOR LOT LINES, TOWER AND PEDESTAL ABOVE 40' IN HEIGHT, TO ALLOW A STRUCTURE WITH THE FOLLOWING YARDS: SOUTH ELEVATION - PROPOSED 18'0" + 5'0" ALLEY = 23'0", WEST ELEVATION - PROPOSED 31'0", AND EAST ELEVATION - PROPOSED 25'0" (REQUIRED 337) FOR THE PROPERTY LOCATED AT APPROXIMATELY 194-218 SE 14TH STREET LEGALLY DESCRIBED AS LOTS 6, 7 AND 8 AS ONE, BLOCK 2, AMENDED PLAT OF POINT ViEW (2-93), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THIS VARIANCE WAS GRANTED FOR A PERIOD OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; ZONED SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. Upon being seconded by Ms. Gloria M. Basila, the motion was passed and adopted by the following vote: Mr. George Barket Yes Ms. Gloria M. Basila Yes Mr. Charles J. Flowers Yes Ms. Ileana Hemandez-Acosta Away Mr. Osvaldo Moran-Ribeaux Yes Mr. Humberto J. Pellon Yes Mr. Fidel A. Perez Yes Mr. Juvenal Pina Yes Mr. Ricardo D. Ruiz Yes AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 r Ms. Fernandez: Motion carries 8-0 - Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1999-0226 Item Nbr: 4 Aditpdate a Case 5uppor2nq M�eriats ,ZarkVBoard Aesekkon, ZM*9Board histmy y Zot*VBoardAr*si: Reports ! j Er>force siert Nis#cxy Set Up Variarux Checklist { YesNoN/A Case# ISR9 s gt5pedw =XltOm and cvM"anc east am pecx#at to the prope i v Special cadtiom 9 are rest* of petfi,1414 atixm L f�teral ie�pretatiuri of qr*W'ce causert t+idce hasds� on petitiomr, it l ^ Graritirip variance i C i7( prt7pC({sr, harmr6' Pi i �j'8l iri �vplpme of atimm ! r i ,`t Rstun 729 L i z• .,i Analysis for Variances for the BRICKELL PREMIERE PROJECT located at 194-218 Prickell Avenue x CASE NO: 1999-0225 ` Variance pursuant to Article 6. Section 605.8.1 of Ordinance 11000. as amended, the Zoning Ordinance of the City of Miami. Florida, the subject proposal has been reviewed to permit a structure «ith the follo�� ing setbacks: Pedestal yards below 40 ft. in height: West propem• line: required: 15 feet proposed: 4 feet East property line: required: 15 feet proposed: 7.5 feet. Rear property line: required: 15 feet proposed: 0 feet plus 'lz of alley (5 feet) . Variance pursuant to Article 6. Section 605.8.2 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami. Florida, the subject proposal has been reviewed to permit a structure with the following setbacks: Tower and pedestal above 40 ft. in height: West elevation: required: 38.5 feet proposed: 31.0 feet South elevation: required: 38.5 feet proposed: 18.0 feet plus 5 feet alley = 23 feet. East elevation: required: 38.5 feet proposed: 25.0 feet Variance pursuant to Article 6. Section 605.10.1 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to permit a structure/use with the following parking: Required: 121 parking spaces Proposed: 83 parking spaces 1 In determining the appropriateness of the setback Variances for the proposed project the folloNving findings have been made: • It is found that the proposed project will benefit the Downtown District by creating residential use in the Brickell District to serve Downtown area employees and residents. • It is found that the size and shape of the subject property for its location in the Brickell District is a substantial hardship which limits reasonable use of the property and therefore justifies the requested setback variances. There are very few remaining properties within this particular zoning classification (SD-5). which are of such a size. The special conditions attached to the subject property which justifN the requested variances are the property's small size and the irregular shape. • It is found that the proposed project offers the most reasonable solution to the design problem facing this particular site. Based on these findings, the Planning Department is recommending approval of the requested variances with the conditions as specified in the accompanying request for Special Exceptions. s In determining the appropriateness of the parking Variance for the proposed project the following findings have been made: • It is found that there is no hardship to justify the requested Variance. Since this proposal is new construction. it should be designed to comply with parking requirements. 4 • It is found that the project requires a total of 121 parking spaces and the 122 parking spaces are being provided: however. all of the 122 parking spaces will be able to be used for valet parking and 39 of those will be exclusively for valet. This puts the project in a position of having to request a 38 parking space variance. • It is found that although the use is compatible with the area. the parking deficit of 38 parking spaces will be detrimental for the project and for the area. Based on these findings, the Planning Department is recommending denial of the requested parking variance. 2 99- 1--"