HomeMy WebLinkAboutR-99-0878J-99-937(b)
11/15/99
RESOLUTION NO. 2 " 878
A RESOLUTION OF THE MIAMI CITY COMMISSION
GRANTING THE APPEAL AND REVERSING THE DECISION
OF THE ZONING BOARD, THEREBY GRANTING A
VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, TO ALLOW A REDUCTION IN
THE NUMBER OF REQUIRED OFFSTREET PARKING SPACES
[PROPOSED 42 SPACES/REQUIRED 92 SPACES] FOR THE
PROPERTIES LOCATED AT APPROXIMATELY [11 289,
297, 301 AND 311 NORTHWEST 23RD STREET, [2] 215,
219, 227, 237, 240, 247, 250, 255, 267, 310,
325, 336, 339, 342 AND 350 NORTHWEST 24Te
STREET, and [3] 240, 252, 260, 282 AND 292
NORTHWEST 25T" STREET, MIAMI, FLORIDA.
WHEREAS, the Zoning Board at its meeting of
October 18, 1999, Item No. 11, following an advertised public
hearing, adopted Resolution No. ZB-1999-0227 wherein a motion to
approve the Variance failed by a vote of three to three (3-3),
thereby constituting a denial request for a Variance to allow a
reduction 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
CITY COMMISSION
MEETING OF
Resolution No.
the Zoning Board and granting of the Variance;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are 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,
and hereby reverses the decision of. the Zoning Board (Resolution
No. ZB-1999-0227, adopted October 18, 1999), thereby granting a
Variance to allow a reduction in the required number of offstreet
parking spaces [proposed 42 spaces/required 92 spaces] for the
properties located at approximately [1] 289, 297, 301 and 311
Northwest 23ra Street, (2) 215, 219, 227, 237, 240, 247, 250,
255, 267, 310, 325, 338, 339, 342 and 350 Northwest 24th Street,
and [3] 240, 252, 260, 282 and 292 Northwest 251h Street, Miami,
Florida.
Section 3. This Resolution shall become effective
Pagcl` C)�
e 2 of 3 �
H-.
immediately upon its adoption and signature of the Mayor."
PASSED AND ADOPTED this 16th day of November , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayer did not Indicate approval of
this legislation by signing it in the designated Aace provided, said legislation novi
becomes effective with the elapse of ten (10) VE
from `e date of ' missicn
regarding same, without the Mayor exs isito._
. O ty Clad(
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPR,g#rD A1,#0FFO A.ND CORRECTNESS:
NL DRO-IILARELLO
ATTORNEY
W3904:YMT:eij:13SS
1� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 2 of 3
(D
PZ-2
°" ��'T�° ZONING FACT SHEET
FLOC
Case Number: '999.0257 18-Oct-99
Item No: 1 ;
Location: Approx. 289.297.301.311 NW 23 St.? 15 219.2? i 237 240.247.25G 255. 267.
310.325.338.339.342.350 NW 24 St.. 240?53 26U92.292 NA' 25 St.
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Nitram Partners, Ltd. Gilberto Pastoriza, Esq.
2665 S. Bayshore Drive' 2665 S. Bayshore Drive
*420 #420
Miami, Florida 33133 Miami, Florida 33133
App. Ph: (305) 854-0800 Rep. Ph: (305) 854-0800 ext
`
Zoning: ( Industrial Rep. Fa (___-) eXt
Request: Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Article 4, Section 401, Schedule of District Regulations, to allow reduction
in the number of offstreet parking spaces (proposed 42 spaces, required 92
Purpose: This will prevent parking spillage onto adjacent streets. spaces).
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 Wearing Date:
Found:
Violation(s) Cited:
Ticketing Action: See attached Exhibit "1"
Daily Fine: $0.00
Warning Letter sent on:
Total Fines to Date:
Affidavit Non -Compliance Issued on:
$0.00 Lien Recorded on:
CEB Action:
History:
Analysis: Please see attached.
Zoning Board Resolution No: ZB 1999-0227
Zoning Board: Motion to approve fails,
commission: denial
Cit
Y Mission: N/A
constituting
Comply Order by:
Vote: 3-3
0.9. 878
Anel Rodriguez �� ,�'., ; - -- �� I
!AbVI j SECURITY [ ) ACTION [LJ SCR
962449i) !1550) COMPLAINT TRACKING MODULE
MOU
!C ) VIOLATION MAINTENANCE SCREEN
COMPLAINT NO: [9624497) TYPE: 504 STAT: 0 NC REF NO: 115503 COMPLY DUE 12/01/1996 COMPLIED DATEOARD: [C J CASE N0:
ADDRESS: E- 260 NW 25 ST [ J TKT T'urE
TICKET NO: TICKET FINE: TKT DATE
STATUTE: C DIVN: Z MAINT BY: AR2 DATE:
SUBDIV: _1!20/lcct
VIOLATION DESC: TRACKING: N CREATE DATE: , Failure to have a valid occuPationai lic 'T S -�Gr
ense. ST�.C1
LEGAL DESCRIPTION: WOODLAWN TRPB_
LOT 41 & LOTS 42-43 & 44 LESS
B PRIM:
N7.5FT SDI:
CUSTOM VIOLATION / CORRECTION TEXTORE> OVERRIDE:
CLARIFICATION: [ -
[ j
[ )
CORRECTION: [ j
[ )
PRESS <Y,MIT> TO [CONTINUE )
Window BZWIN/1 at PRODUCTION
22 1 Pg=l FORM RCV LTAI
ate: 8/16/99 Time: 3:34:09PM
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C)
WSS SEROT.A. HEZFMAN
PASTORIZA & GUE7mS, P.A.
ATTORNEYS AT LAW
MIAMI-DAME OFFICE
JAMIEALANCOLE MITCHELL J. BURNSTEIN 2665 SOUTH BAYSHORE DRIVE
EDWARD G. GUEDES
ELAINE M. COHEN
SUITE 420
STEPHEN J. HELFMAN
MICHELLE M. GALLARDO
MIAMI, FLORIDA 33133
GILBERTOPASTORIZA
JENNIFERGOMBERG
JOSEPH H. SCROTA
DOUGLAS R. GONZALES
RICHARD JAY WEISS
JOHN R. HERIN, JR.
TELEPHONE (305) 854-0600
DAVID M. WOLPIN
ROBERT W. HOLLAND'
STEVEN W. ZELKOWITZ
CHRISTOPHER F. KURTZ
TELECOPIER (305) 854-2323
PETER A. LICHTMAN
LILLIAN ARANGO DE LA HOe
KAREN LIEBERMAN*
NNVW.WSH-FLALAW.COM
RICHARD A. ARONSKY
NANCY RUSIN'
PATRICIA M. BALOYRA
GAIL D. SEROTA*
MITCHELL A. BIERMAN
JEFFREY P. SHEFFEL
NINAL.BONISKE
DAN I EL A. WE I SS*
October21, 1999
VIA HAND DELIVERY
Ms. Teresita Fernandez
City of Miami
Hearing Boards Office
444 S.W. 2nd Avenue
7th Floor
Miami, Florida 33130
Re: Appeal of Zoning Board Decision
Dear Ms. Fernandez:
BROWARD OFFICE
1132 SOUTHEAST SECOND AVENUE
FORT LAUDERDALE, FLORIDA 33316
TELEPHONE (954) 763.4242
TELECOPIER (954) 764-7770
*OF COUNSEL
Our firm represents Nitram Partners, Ltd. ("Nitram") in connection with the captioned
matter. Nitram was the applicant who originally requested a variance from Section 401 of the
City's Zoning Ordinance No. 11,000 to allow for a reduction in the off-street parking
requirements (the "Variance") for the business located on the property known as Pompeii
Furniture Industries ("Pompeii").
On October 18, 1999, the City's Zoning Board on a tie vote denied the Variance. This
letter shall serve as Nitram's request for a review of the Zoning Board's decision by the City
Commission.
We believe the Zoning Board's decision was arbitrary and capricious in that it was not
supported by substantial competent evidence. The evidence presented by Nitram at the public
hearing warranted approval of the Variance. The denial of the Variance seriously jeopardizes
Pompeii's continuing existence.
!D
OCT 22 1999
2.J- 8 f 8
9
Ms. Teresita Fernandez
October 21, 1999
Page 2
lml
We look forward to your favorable review of this matter. Please do not hesitate to all
me if you have any questions or require additional information.
VerypAy-yo—!wurs
1�
Gilberto Pastoriza
GP/ms
526001
cc: Phil Schneiderman
2 9 — 878
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
ANALYSIS FOR VARIANCE
2899 2979 3019 311 NW 23rd St., 2159 219, 227, 2379 240, 247, 250,
2559 2679 3109 3259 3389 339, 342, 350 NW 24" St. and, 240, 252,
2609 2829 292 NW 25t" St.
Case No.1999-0257
Pursuant to Section 401 of Ordinance 11000. as amended, The Zoning Ordinance of the
City of Miami, Florida, the subject proposal has been reviewed for Variances as follows:
Variance for parking: Required - 92 parking spaces.
Proposed - 40 parking spaces.
The following findings have been made:
• It is found that the subject properties are part of the Pompeii Furniture Industries
business complex that has been existing for more than 30 years.
• It is found that in the past, the complex has been expanded with some additions with-
out the benefit of building permits.
• It is found that the complex is proposing a total remodeling and expansion and it is
also found that in that process is legalizing all existing non -permitted construction on
the site.
• It is found that with the remodeling, expansion and legalization process. the total
square footage of the complex will increase and for that reason more parking spaces
are required.
• It is found that part of the employees of the complex live at walking distance of the
site.
• It is found that although the use is compatible with the area and will be beneficial to
the neighborhood, the parking deficit of 52 parking spaces could have an adverse im-
pact on the surrounding area due to potential overflow parking having to be accom-
modated on the adjacent streets.
• It is found that there is no hardship to justify the requested variance.
Based on this findings, the Planning and Zoning Department is recommending
denial of the application as presented.
09-- 878
DE&
Yes No N/A
ANALYSIS FOR VARIANCE
CASE NO. 1999-0257
Special conditions and circumstances exist which are peculiar to the property.
Special conditions are result of petitioner's actions.
Literal interpretation of ordinance causes undue hardship on petitioner.
Granting variance conveys same treatment to owner.
Variance, if granted, is the minimum variance for reasonable use of property.
Is in harmony with general intent and purpose of ordinance.
29-- 8 7 8
Miami ,Zoning Board
Resolution: ZB 1999-0227
Monday, October 18,1999
Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000,
THE ZONING BOARD MADE A MOTION TO APPROVE WHICH FAILED (3-3), CONSTITUTING A
DENIAL OF THE VARIANCE . AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, TO ALLOW REDUCTION IN THE NUMBER OF OFFSTREET PARKING SPACES
(PROPOSED 42 SPACES, REQUIRED 92 SPACES) FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 289, 297, 301 AND 311 NW 23RD STREET, 215, 219, 227, 237, 240, 247, 250,
255, 267, 310, 325, 338, 339, 342 AND 350 NW 24TH STREET, AND 240, 252, 260, 282 AND 292 NW
25TH STREET LEGALLY DESCRIBED AS ALL OF LOTS 33 THROUGH 41, INCLUSIVE, LESS THE
NORTH 5.0 FEET THEREOF AND LOTS 57 THROUGH 62, INCLUSIVE, LESS THE SOUTH 7.5
FEET THEREOF, CORRECTED MAP OF SPAULDING SUBDIVISION (3-161), LOTS 39 THROUGH
47, INCLUSIVE, LESS THE NORTH 5.0 FEET THEREOF, WOODLAND TRACT (1-148), TOGETHER
WITH LOTS 2 THROUGH 13, INCLUSIVE, LESS THE SOUTH 5.0 FEET THEREOF, CORRECTED
MAP OF SPAULDING SUBDIVISION (3-161), PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; ZONED I INDUSTRIAL.
Upon being seconded by Ms. Gloria M. Basila,
the motion was passed and adopted by the following vote:
Mr. George Barket
Ms. Gloria M. Basila
No
Mr. Charles J. Flowers
Yes
Ms. Ileana Hemandez-Acosta
No
Mr. Osvaldo Moran-Ribeaux
Away
Mr. Humberto J. Pellon
Yes
Mr. Fidel A. Perez
Yes
Mr. Juvenal Pina
Away
Mr. Ricardo D. Ruiz
No
Away
r
,, w
ZONMG BOARD ACTION ON - FOR VARIAT4CE
MO270N. I move thst
(DENIED) (oa is ththk the Item >. be
Section 19f13.1 iequirements of
re ti n �E) (WME NOT) satisfied by
�Ce is the record of the public heating.
(a) as stated is the City's fords or Sct, or
(b) as demonstrated by the petitioner, or
(c) on the basis of the following;
rhO ZOUM8 Board shall make findings that all of the
stands'*of Section .1903.1(HAVE BEEN) (1 TAVE NpTu g�� and
demlea.
OCHE(a) SPMW conditions and
I' FXEM which are (DO
ST�TEp�IVT building i lied Peculiar to the land, smxture or
which are not applicable to other
Louis, soutanes, or buildings hi the aame zoning dLmct
1) as stated is the City's findings of fact
"-- 2) as demote by the petitioner
3) as odm wise stated beloar.
(b) The apecu(eonditions and circa (DO) (DO
NOS resort from the actions of the petitioner
1) as Stated in the City's findings of fist
2) as dMOMStrated by
) as nth be �
(c) Litersi'erpretation of the Provisions of
zoning
ordinance (WOULD) (WOULD NOT) deprive the
applicant of rights commonly enjoyed by other
Ordistrictunderthe terms of the POPertia
the Petitioner nance and
arork uenecasmy and undue harps on
1) as stated is the City's finding of fact
2) as dmgnatued by the petitioner
3) as otherwise stag below
(d) Granting the variance requested (WILT,) (WILL NOT)
convey the acme treatment to the individual owner as to
the owner of other lands, buildings, or saucumes in the
same zoning district
1) as stated in the City's findings of fact
—_ 2) as detaonsnated by the petitioner
_ 3) as otherwise stated below..
(e) GfAatmg the varraace raltmtedconvey CWI.L) (WILL NOn
tl:esame , say special that is
I in the Zoning district. e ZOOM ordinance tD Other h� btWdiags
M I paatrd the variance (WTi,T, BE) MILL NOT BE)
;a
harmony with the general intent ad pmpm of the m ord c and will sot be injtaioua to the
ning
or ° ° deoimental to the public wcume ,
1) as stag is the City's findings offact
2) as daaoeStmed by the Petitioner
3) as otherwise stated belowe
Sigasane
I /
Agenda Item
10-/ -Q9
Date
078
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09- t3�u
A written
Aetition for a variance's subAiitted to the ofricer or agent r
by the city raan� demo gen o. the c:.
nstrating all of the following; ...
tai Special condition
s and cirmunstances lug
or building involved and w exist w are peculiar to the land. St.%
'J1P in the same z0 high are not applicable to other la=sds, structures. c- build.
$ district;
The
�) ion dal eosditions and �mstances do not result from the actions of '
tiOAer;
the pet,.
!c) Literal interPrIetation of the
Provisimn of this zoaing ordana Oe deprives the a
of rights
tams j this Daly egjoyed by other PQ'operties in
the pP�cant
W 0e "me ZO�g district under the
petitioner, and works �'e�ssry and undue hardship on the
fd) Gras ' ,
as tothe owaerv�tha lands,• conveys the same went to thL
the individual owner
dings, or stns:
(e) u�°h8eeof
fvari8ace, i}', is the tniauffium� that �makesee zo:ung district:
�`� wilding, or ; and Possible the reasonable
M The Brost of the variance is is harm intent
zoru Ig ordmana, and is not iWuriaus to th n the generalo and
purpose of this
to the pubes R,�, eighborhood, or othe:,vise detriments]
DocumeAts, reports, studies, exhibits, or other used by petitioner in Studies, of
writtm or graphic materials, if an
requirements shall be su petition and in demonstration of anyor y, to be
omitted with the petition. all
of the above
(),9~ ���'
S 1U5 5St .3:J aE�Sa SE! .,, a
CITY r)F mum
OFFICE OF Imo, II
axrlvG 13oAaD, .
APPLICA'TIOP4 FOR VARF.4►NC.E
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SECTION 2.653 OF TIM CODE OF TIM CITY OF
ANY PERSON WHO RECEIVES COI�BNSATIpN' FLORIb4, AS A�MENDtb, v^J:1:E1L4LL�' REQUIRES
LOBBYING ACTIVITIES TO REGISTER AS A LOBByTS�nQN OR EXPEN
LOBBYING ACTIVITIES BEFORE CITY STAFF, fH TFIE CITY CLE FOR CONDUCTL'4G
COPY OF SAID ORDINANCE IS AVAILABLE IN T OTC ��TM S AN r� CITY COtPl TO �M1SSi0 G A
LOCATED AT 3500 PAN AMMCAN ARM, CLERK I. rt*•rrrr.rrrrrrrrrrerr#rrr• MIA�,1`LORIDA, 33i33. (M `LI CIn' HALL).
rrrrrrrrrrrrrrrrrrrrrrr•rr�rr#rrrrrrrr+rrrr■rw•.rre...r..rrrrrrrr•rr«
NOTE; 7Al<S APPLICATION l►Ti13 Y' BE iYPEV4'hnTE1V AND SIGNED E% BLACK L-JX
A Variance's a relaxation of the terms of the Zoning Ordinance where such ass ,
the public interest and where owing to conditions h on will n, t '
the a lic P�+liar to the ro 0e ontrary to
PP ant, a literal enforcement of this P and not the result of actions of
the property As used in the Zonis Ordinance would result in unnecessary and undue aaardship on
structure, dimensions of B Ordinance, a Variance is authorized only for height,
Article 19 of the Yam' �` °� spa+ off-street area. size of
Zoning Ordinance). ling and/or loading r'equimInents (see
I, Gilberto Pastoriza
a Variance {rim •terns hereby petition the City of Miami Zuni So?
see attacnect Ex° i�i' °n3P �rdMan" of the City of Miami affectin �g rd for
see attached ExhibiI'LLt ^ �!ii ProPe1t3' located at
A , folio number
landscape opens ace an as specified below. Varid�.ce of the Cit} ' s
In support p pax• Ing requirements .
PPor't of this application, the following material is submitted
R 1. Two original surveys
-� year from the u eo application. Of the Prepared by a State of Florida 'etc Rr
gt red Lane Surveyor within one
2. Four copies -signed and sealed by a State of Florida Registered E+.rehite-1 yr EnBincer-of site plaits _howirg
(as required) property boundaries, existing (if any) and propused
building elevations and dimensions and computations stsucture{s)p parking, Iandscapi tg. etc.; x Potations of lot area and building spacing,
I Affidavits disclosing owbership of property covered b (attached to application). Y applications and di :closau c of interest fom r
X 4. Certified list of owners of real estate within a 375-
by the application. foot radian of the outside bounds :es o'propertY cL-vered
5. At least two photographs that show• the entire
property (farad and iaaprove'mrnts).
X 6. Recorded warranty deed and tax forms for the most current vear available that show the preser;t ��u e ;
the property.
7. Other (Specify and attach cover letters explaining why anv document you are attaching is pertinent to :his
application).
X 8. FeeofS 7,668.50
Zoning Ordinance:ce:to apply toward the cost of processing, according to Section 42-156 cf the
n
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 ........................................
MiM.......................................$ 45.00
nimum .................... .................................................................................... S700.00
All applications for Variances relating to the same structure shall
be assessed a single fee to be calculated per square foot of gross
floor area of the proposed structure or addition, based upon the
definition of gross floor area found in Section 2502 of Zoning
Ordinance, as amended..................................................................................$ .10
Minimum.........................................................................................$650.00
Application for Variance as a result of a change in approved plans or as a result of
a violation notice shall be charged an additional fee, per Variance:
CS, PR, R-1, R-2............................................................................. ..........$250.00 -
All other residential districts.........................................$450.00
................................
All nonresidential districts ...................................... ..........$550.00
Extension of time for Variance ........................ ................$500.00
Public hearing mail notice fees, including cost of handling and
mailing per notice ................... .....$ 3.50
Surcharge equal to applicable fee from items above, not to exceed eight hundred
dollars (800.00), except from agencies of the City; such surcharge to be refunded
to the applicant if there is no appeal 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 401
Zoning Ordinance as follows: of the City of Miami
A reduction in the number of offstreet parking spaces and green space.
2 9- U78
♦ - f4Aw,3,v X 10. In support of the appl tion, the applicant is prepared to offer the following
enumerated at Section 1903 of the City of Miami .Zoning Ordinance, evidence, on the
Note: 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.)
See attached Exhibit "B"
(b) The special conditions and circumstances do not result from the actions of the petitioner in that:
See attached Exhibit "B"
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:
See attached Exhibit "B"
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:
See attached Exhibit "B"
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:
See attached Exhibit "B"
N9" 878
mm
Ell
X (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordina ;::.
and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
See attached -Exhibit "B"
Note: Ali documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board
shall be submitted with this application.
Signature
Name Gilberto Pastoriza
Address 2665 S. Bayshore Drive, #420
Miami, Florida 33133
Telephone (305) 854-0800
Date June 7, 1999
`-J 9 - 878
FAA 305 55.E 'J;;j
55 SERAT.i
w
1=011O Number
01-3125-033-0360
01-3125-033.0350
01-3123-03 a-0310
01-3125-033-0300
01.3125-033-0290
01.312.5.034-0020
01-3125-034-0030
01.3125-034-0040
01-3125-034-0050
01-3125.034-0060
01-3125-034-W70
01-3125-0340080
01-3125.034-0110
01-3125-034-0130
01-3125-034-0430
01-3125-034.0420
01-3125-034-0400
01-3125-034-0350
01-3125-034-0360
01-3125-03"320
01-3125-034-0590
01-3125-034-0600
01-3125-034.0570
01-3125.034-0560
526001
Address
'140 NW 25 St.
252 NW 25 St.
260 NW 25 St.
282 NW 25 St.
292 NW 25 St.
215 NW 24 St.
719 Nor 24 St.
227 NW 24 St.
237 NNV 24 St.
247 NW 24 St.
255 NW 24 St.
267 NW 24 St.
325 NW 24 St,
339 NW 24 St.
240 NW 24 St.
250 N W 24 St.
310NW24St.
338 NW 24 St.
342 NW 24 St.
350 NVtr 24 St
301 MV 23 St.
311 MV 23 St.
297 NW 23 St.
289'VW 23 St.
S 9 -- 878
EXMIT "B"
(a) Special conditions and circumstances exist which are peculiar to the structures and
buildings involved in that some of the structures and buildings were built prior to 1961.
At that time, the City's zoning requirements as they relate to the particular variances
were non-existent or less restrictive than as they currently exist.
(b) Special conditions and circumstances are attributed to subsequent adoption of stricter
zoning measures by the City.
(c) A literal interpretation of the provisions of the Zoning Ordinance will i) deprive the
applicant's vested rights to continue its furniture business using the buildings and
structures and ii) will result in an undue hardship since the buildings/structures will
have to be demolished to provide additional parking and landscape thus resulting in a
severe curtailment of the applicant's furniture business.
(d) Granting the variance will allow the applicant the opportunity to continue operating its
business much like all other businesses in that area whose buildings were constructed
prior to 1961.
(e) The applicant has caused some of the structures to be removed to accommodate off
street parking thus minimizing the variances and still maintain its business operation.
(f) The applicants are undergoing a major building rehabilitation of the various buildings
and structures which make up its business. This major rehabilitation will be beneficial
to the neighborhood. The grant of the variance is necessary to accomplish applicant's
major rehabilitation and is in harmony with the general intent and purpose of the
Zoning Ordinance.
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument -was acknowledged before me this
19_ by -C ; i�-c -+'-���, - day of
produced who is ersonally known to me or who has
as identification and who did (did not) take an cash.
-
.c;
Name: Public ..} v MARILYN SOMODEVI LA
Notary -Stal �fda MY COMMISSItlN C: <T:53;
•..
Commission No.: ' —;-' ` EXPIRES: �vEP-,o� i;•
BWXW Thu Wtwy R.N. Ex�oenKMea '•E
My Commission E' —1.
f•,►*+►***.*,t,►.,.,a,t**.*�**.**.*,►,►*,►war•o♦**,►******,.*�►..�#,►,►..*,►***..*.*,►**+►,►�*«.e*+.*.*.�rw+.**,.,►,*..
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
19 , by day of
a of
He/She is personally known to me or has produced corporation, on behalf of the corporation.
and who did (did not) take an oath, as identification
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
****.*+r*,r**##ir,►.,w«¢f**.,r.*,e.,t,�r.r,r,rte**.rr.*r*.*##.«*.e,rrtrfr,rr,►a•,�.*w.r.**ti,r***a*r,►�*#*,r.****
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this
19 , by — day of
partner (or agent) on behalf of
produced a Partnership. He/She is personally known to me or who has
as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
ivA- 878
AFFIDAVIT
STATE OF FLORIDA}
)SS
COUNTY OF DADE }
MIAMI
Before me, the undersigned authority, this day personally appeared
who being by me first duly sworn, upon oath, deposes and says:
Mw
Gilberto Pastoriza
1. That hekAe is the4"wAGra&4w 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 propery 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 helei:erepresents, if any, have given their full and complete permission for himAw to act
in hiso%t 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 Affant sayeth not
STATE OF FLORIDA
COUNTY OF DADE
MIAMI
Applicant's Signature
Gilberto Pastoriza
The foregoing instrument was acknowledged before me this I day of
19 99 , by L�--.` ���r--�ti �c 5- �,_..� who is personally-Jcnosvnsp me or who has
produced as identification and who did (did not) take an oath.
t,,� ,' -• ;�.-y� w mac..,._ t_,c,
Name: /
t
Notary Public-StehridMARILYN WMICID`ALLA i
4Y COMMISSION A CC 472937
Commission No.:'; EXPIRES: September 13,19N �
My Commission T'm' "Ott Nam`
119- 878
OWNER'S LIST
Owner's Name Nitratn Partners, Ltd.
c/o Gilberto Pasto'riza, Esq. 2665 S. Bayshore Drive, Mailing Address Miami, Florida
Zip Code 33133
Telephone Number (305) 854-080.0
Legal Description: See attached Exhibit "A"
Owner's Name
Mailing Address
Zip Code
Telephone Number
Legal Description:
Owner's Name
MaHing Address
Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
375 feet of the subject site is listed as follows: partnership or privately) within
Street Address
Street Address
Street Address
Legal Description
Legal Description
Legal Description
V9- 878
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
215,219,227,237,247,267,325,339 NW 24 Street and
240,252,260,282,292 NW 25 Street
See attached Exhibit "A"
Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
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. Property is owned by Nitram Partners, Ltd. Nitram
Holdings Incorporated is the general partner of Nitram Partners, Ltd.,
Nitram Holdings Incorporated is owned by Leo and Gloria Martin. The
limited partners of Nitram Partners, Ltd., are Perry Martin and Lisa
Schneiderman and Sheery Mittleman.
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.
PR@r or Attorney for Owner__--'' -
Gilberto Pastoriza
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of -
19 , by Gilberto Pastoriza of
a
He/She is personally known to me or has produced corporation, on behalf of the corporation.
and who did (did not) take an oath. as identification
Name.
Notary Public- r RItYN SOMODEVILLA
Commission MY COMA! • ISSION / CC 472937
N ' '
EXPIRES: Sepmmb•r 13. IM My Commissio �•
• •bonded Tnru NC.vy Puhlk b0W,^Ate.,
'19d 8`78
E�BrT ►�„
All of Lots 33 thru 41, inclusive, LESS the North 5. inclusive, LESS the South 7.5 feet thereof, 0 feet thereof and Lots 57 thru 62
SUBDIVISION, according to the Plat thereof, as recordedE FIaDBook 3 O p Q PAULDI�;G
Public Records of Miami -Dade County, Florida. a,e 161, of the
Lots 39 thru 47, inclusive, LESS the North 5.0 feet thereof, "
according to the Plat thereof, as recorded in Plat Book I at Page
TRACT-,
Miami -Dade County, Florida. age 148, of the Public Records of
TOGETHER WITH:
Lots 2 thru 13 inclusive, LESS the South 5.0 feet thereof, CO
SPAULDING SUBDMSION, according to the Plat thereof, as recorded ded iCTED n MAP OF
Page 161, of the Public Records of Miami -Dade Co Plat Book 3, at
County, Florida.
009-- 878