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HomeMy WebLinkAboutR-98-0106J-98-73(b) 1/27/98 9 8 - 106 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO PERMIT A VETERINARY OR ANIMAL CLINIC, FOR THE PROPERTY LOCATED AT 2526 SOUTHWEST 27 AVENUE, MIAMI, FLORIDA, WITH THE FOLLOWING CONDITIONS (1)THE CLINIC WILL NOT ALLOW OVERNIGHT STAY OF ANIMALS AND (2) THE CLINIC SHALL OPERATE BETWEEN THE HOURS OF 9:00 A.M. AND 5:00 P.M. MONDAY THOUGH FRIDAY ONLY. WHEREAS, the Miami Zoning Board at its meeting of December 15, 1997, Item No. 6, adopted Resolution No. ZB 133-97 by a seven to two (7-2) vote, denying a special exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, requires City Commission approval of the special exception as hereinafter set forth; and WHEREAS, notwithstanding the Zoning Board's recommendations the City Commission after careful consideration of this matter, finds the application for special exception meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to reverse the decision of the Zoning Board and grant the Special Exception with conditions more particularly described herein below; CUT COOII33IOI� N EL71NG OF JAN 2 7 1998 Resolution No. 98- 106 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 decision of the Zoning Board to deny a Special Exception from Ordinance No.11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations,C-1 Restricted Commercial, Conditional Principal Uses, to permit a veterinary or animal clinic, per plans on file, for the property located at approximately 2526 S.W. 27th Avenue, Miami, Florida, more particularly legally described as Lot 4, Less the East 25 Feet thereof, Block 7, THE PINES SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5, Page 76 of the Public Records of Dade County, Florida, is hereby reversed and the Special Exception is hereby granted with the following conditions: (1) the Clinic will not allow overnight stay of animals and (2) the Clinic shall operate between the hours of 9:00 A.M. and 5:00 P.M. Monday through Friday only. Section 3. This Resolution shall become effective immediately upon its adoption. 98- 106 2 PASSED AND ADOPTED this 27th ATTEST: CITY CLERK PREPARED APPROVED BY: jI ! i..1 YAMIL�/MArRO] TREHY ASSI AN'T'T ATTORNEY APPROVFP AS TO FORM AND CORRE ESS: a4 j )EL EDWARD MAXW % L ITERIM CITY ATTi RNEY 171:YMT:BSS:dsl:mis day of January 1998. XA IER L. PAREZ, MAYOR 3 9181- 106 Miami, November 12, 1997 TO WHOM IT MAY CONCERN, ✓! f f"e r� My name is �j a �ccJe 1 I live at 2522 S.W. 27th Ave., Apt. 2. I have been informed of the project to open .►'Veterinary Clinic at 2526 S.W. 27th Ave., next door to our building. I want to express that I have no reservations about this project and that I support it. Sincerely, 2522 S.W. 27th Ave. Apt. 2 Phone: 4-IVF - 56 V 0- ,��t ►&,. FERNM4DO FIGARMA My C ,,,jr.k n C0137091 1. 1 Bondy Fy NB 199� 7C /� Bo�+d�d by APJB OF f �0���` �-�-6B78 98- 106 '-"yEPleb' Miami, November 12, 1997 To Whom It May Concern, My name is JULIO PEREZ. I live at 2522 S.W. 27th Ave., Apt. # 1, together with my elderly mother. I have been asked my opinion about the opening of a Veterinary Clinic for sterilization and immunization of animals at the building located at 2526 SW 27 Ave., adjacent to ours. I have no objection to such a clinic and favor its opening. Yours truly, J 45 S. Ave. p 1 Miami, Fla. Tel.: 448-1327 o,'1kr ►y r FERNMDO MAROLA + ► p mV pOff,,wion CG437001 .L * Expir« Feb. 05. 19" 7� Bonded by 940 Opp.SW 4$678 h Of itib 98- 106 Miami, November 12, 1997 To Whom It May Concern, My name is Moises Rodriguez. I live at 2522 S.W. 27th Ave., Apt. # 3. I have been asked my opinion about the opening of a Veterinary Clinic for sterilization and immunization of ani►nals at the building located at 2526 SW 27 Ave., adjacent toours. I have no objection to such a clinic and favor its opening. Yours truly, Moises Rodriguz 2522 S.W. 27th Ave. Apt. # 3 Miami, Fla. Tel.. �/y (a4') D",,%V�Py, o FEF"ANDO FIOAFo1-A My CAxwni..lon CC437001 * * Expk« Feb. M, IM r� t Bonded by ANO OF f%,%0 800-&U-8878 98- 106 Miami, November 12, 1997 TO WHOM IT MAY CONCERN, My name is I live at 2522 S.W. 27th Ave., Apt. 4. I have been informed of the project to open a Veterinary Clinic at 2526 S.W. 27th Ave., next door to our building. I want to express that I have no reservations about this project and that I support it. Sincerely, 2522 S. .-27th Ave. Apt. 4 Phone: tf,,7(, _ i33 5 FERNANDO FKIAROIA + My Conwriesion OC437091 * * Expires Feb. 06, 19W •� f Bonded by ANB ���r n��`� goo-asp-sa7s + i f Miami, November 12, 1997 TO WHOM IT MAY CONCERN, My name is JAIME GRODZINSKY. I hold a lease to rent at apartment No. 4 at 2530 S.W. 27 Ave. I have learned about the Veterinary Clinic to be opened at unit 0 1 on 2526 S.W. 27th Ave. As a lessee t finve no objections about the operation of a spay and neuter tactility. As an animal lover, concerned about the well being of animals, I welcome this office and strongly favor the petition to open. Sincerely, rl� Z/ rj S JAIME GRODZINSKY, Ph.D. 2530 S.W. 27th Ave. Apt. # 4 Miami, Fla. Tel.: 736-6088 FERNANDO FrGAROIA My Gomnkmion 00437001 Expires Feb. 06. 1QW Bonded by ANB 8004WZ878 98- 106 Miami, November 12, 1997 TO WHOM IT MAY CONCERN, My name is JOSE SAVILLON. I live at 2530 S.W. 27 Ave., Apt. 1, together with my family. I have learned about the Veterinary Clinic to be opened at unit # 1 on 2526 S.W. 27th Ave, and I have no objections about this facility. I want to express hereby that I am in favor of allowing this facility to open and operate from the aforementioned location. Sincerely, j /0--S)V SAVILLON /2530 S.W. 27th Ave. Apt. # 1 Miami, Fla. Tel.. FERNMDO FIGA F101.A My 1 CoffwrA,,j,, CC437091 �C FVkoe Fob. 05, 19" ���Of floo�,t 6W-962-6a7a 9R- 106 Miami, 10 November 1997 TO WHOM IT MAY CONCERN, My name is JORGE AGUILA. I live at 2530 S.W. 27th Ave., together with my family. I have been informed about the plan to open a veterinary clinic at 2526 S.W. 27 Ave. I want to express that I Have no objection about this. Furthermore, I want to express my support to Mrs. Basterrechea'sproject. Sincerely, JORGE AGUILA 2530 S.W. 27 Ave. Apt. 3 Miami, Florida Pho.. r&F( FFRNMOO FIG1APPLA O,"pY + o My Cortxnbsion CC437001 * Expke* Feb. 06, 1000 r� � Bord�d by ANB BorKle ��E OF F���`o 600-862.5878 98- 106 Miami, November 12, 1997 To whom I t May Concern, My name is Vector Castello. I reside at 2530 S.W. 27 Ave., apt. 4. I want to express that, in regards to the Veterinary Clinic at 2526 S.W. 27 Ave., I have no objection or reservation, and I take this opportunity to say so. Sipce ely f1EC 'OR CASTC:L () 98- 106 Miami, 10 November 1997 TO WHOM IT MAY CONCERN, in. .� My name is ANGEL NUNEZ. I reside with my wife Maria at,,,�9 %"" SW 27 Avenue, Miami, Fla. 33133, Apt. No. 4. I want to state that I have been notified last July by the owners of the property about the existence of plans to open a low-cost Spay and Neuter Clinic in the office space corresponding to Apartment One. I am in favor of this project and have no objections whatsoever to have it operating at the aforementioned location. I do believe in fact that it is an excellent project to help curb the animal overpopulation and resulti.ny abuse in our community by helpiny people afford this much needed service. Sincerely, !� �3 ANGEL. NUNEZ 2526 S.W. 27 Avenue, Apt, 4 Pho, 442-4072 FERNANDO FIGAROIA t My G0ffwT iwsbn GG437091 ** Expires Feb. 06, 1999on r� t 9ded by AN9 art of i�°e`° SM4162-5e70 98- 106 } Miami, November 12, 1997 To Whom It May Concern, My name is Angel Nunez. I live at 2526 S.W. 27 Ave. Miami, Florida together with my wife Maria Nunez. We have been living at the above -mentioned address for over ten years. Unit No. 1 in this building was occupied by a real estoteoffice until 1991. From that time on, it has been vacant and has never been advertised for rent. Presently, Mrs. Basterrechea informed us of her intention to establish a spay and neuter clinic in this unit. She consulted her tenants to obtain their approval. It is my understanding that all tenants favor her project. As to us, we reiterate in this letter that we support this clinic. Sinderely, j,JJL NEZ 2526 S.W. 27 AVe. Apt. 4 O�"PLY Put FERNANDO FIGAARO'.A My Corr mmoton CG437091 Expires Feb. 06. 1999 Bonded by ANB 800-862-6879 MARIA NUNEZ 2526 S.W. 27 AVe. Apt. 4 98- 106 M Miami, 10 November 1997 TO WHOM IT MAY CONCERN? My name is MIKE SOTELO. I live at 2526 S.W. 27th Ave,, together with my wife Elizabeth and our son. It is my desire to express my total support to the operation of a low-cost facility to sterilize and immunize animals on the premises. I see no conflict between the operation of the clinic and our place of residence, especially in view of the fact that this is but for a few exceptions a totally commercial area, with a coin laundry, an animal hospital, a medical office building, several other human medical facilities, and a service station all next to and across the street from us. There is no question in my mind that this particular operation will be of as much or better use to our area and our community that the ones just mentioned and I support it without reservation. Sincerely, MIKE SOTELO 2526 S.W. 27 Ave. Miami, Fla. 33133 Phone: 443-9708 +Q�'Nr '`4�o FERNANDO FIGAROLA My cunv wssion CC437091 Expires Feb. 05, 1999 ✓� V� Bunded by ANB � i1F f10�� $00-852-5878 i 98- 106 PZ-5 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Chairman and Members TO: of the City Commission FROM: Jose Garcia -Pedrosa City Manager RECOMMENDATION DATE : FILE Special Exception for SUBJECT: Veterinary Clinic at 2526 S.W. 27th Avenue REFERENCES: City Commission Meeting of January 27, 1998 ENCLOSURES: It is respectfully recommended that the City Commission deny the attached appeal, by the applicant, of a Special Exception which was denied by the Zoning Board for a Veterinary Clinic to be located at 2536 S.W. 27th Avenue. BACKGROUND The attached item is an appeal of a Special Exception request which was denied by the Zoning Board. The Department of Planning and Development met with the applicant after the Zoning Board Hearing of December 15, 1997 in order to discuss the recommendation of denial which was presented at the hearing. In an effort to mitigate the concerns expressed by the Department and the Zoning Board, the applicant proffered the following conditions: 1) the proposed facility will not allow the overnight stay of animals; and 2) the proposed facility shall operate between the hours of 9:00 A.M. and 5:00 P.M. from Monday through Friday only. Notwithstanding the conditions proffered by the applicant, the administration's recommendation continues to be for Denial of the application. The recommendation of denial is based on findings that the proposed Veterinary Clinic is not an appropriate nor compatible use for only one of the units in an existing residential complex. JGP:Iys _P_ 98- 106 � INtOR� "ATED � Case Number: 1997-0072 Location: Legal: Applicant: Zoning ZONING FACT SHEET 15-Dec-97 Item No: 6 2526 SW 27 Avenue (Complete legal description on file with the Office of Hearing Boards) Hurler Holding Corp 4015 University Drive Coral Gables, FL 33146 App. Ph: (305) 667-5366 C-1 Restricted Commercial Request: Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, Conditional Principal Uses, to allow a veterinary or animal clinic. Recommendations: Planning and Development: 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: 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: Please see attached. Zoning Board Resolution No: ZB 133-97 Zoning Board: Denial Appellant: Hurler Holding Corp Comply Order by: Vote: 7 -2 98- 106 3 Miami. December 17,1997 Teresita Fernandez City of Miami Office of Hearing Boards Dear Ms, Fernandez, At this time we would like to appeal the Zoning Board Decision of 12-15-97 in regards to 2526 SW 27 Ave Case # 1997-72. The reasons are as follows: 1- The unit at this location -was duly converted to commercial use in 1986 and was used by Simpliperfect Investments, a Real Estate firm, until 1991, 2- This office was to be used as a medical office by Hugo Basterrechea M.D. 3-Upon plans to open medical office at 2565 SW 27 Ave., this office was donated by us to ASIS for the purpose of sterilization and immunization of animals at low-cost as a service to the community along the lines of the-ervices provided by Metro -Dade Care and Control and using the :,ame guidelines, 4-There is no need or intent to hospitalize animals overnight, and the hours of operation can be restricted to the sole Purposes of sterilization and immunization, at the discretion of the City of Miami Planning and Zoning Departments. I would like to have all documents presented at the Zoning Board Hearing made part of our file for the purpose of this appeal. Sincer Hugo Basterrechea 4015 University Dr. Coral Gables, Fla, 33146 Pho:(305 ) 667-5366 terrechea 98- 106 5 Mr. Tucker Gibbs offered the following Resolution and moved its adoption. RESOLUTION ZB 133-97 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD DENIED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, CONDITIONAL PRINCIPAL USES, TO ALLOW A VETERINARY OR ANIMAL CLINIC FOR THE PROPERTY LOCATED AT 2526 SW 27. AVENUE LEGALLY DESCRIBED AS LOT 4, LESS THE EAST 25 FEET THEREOF, BLOCK 7, THE PINES (5-76) PUBLIC RECORDS OF DADE COUNTY, PER PLANS ON FILE; ZONED C-1 RESTRICTED COMMERCIAL. Upon being seconded by Mr. George Barket the motion was passed and adopted by the following vote: AYES: Mses. Basila, Cuervo, Hernandez & Morales Messrs. Barket, Crespo & Gibbs NAYES: Messrs. Moran-Ribeaux & Obregon ABSENT: None Ms. Fernandez: Motion carries 7-2 L f 'rl� \(7e. Teresita L. Fernandez, Chief Office of Hearing Boards December 15, 1997 -Item #6 Zoning Board 9R-- 106 I move that the request on agenda item �v be (granted) in that the require-.nts of Section 2 M ( Wert }- (,r�'7 M=4 satisfied by relevant 4 once in the record of the public e ring• tb) as stated in the City•s findings OV tas demonstrated by the petitioner or c) on the basis of the following:----------------------------------------------------- �ot The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2303, (have) (have not) been mat. Circle aoznooriate conditions: 1303.1 Znaress and saress. Due consideration shall be given to adegaacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire And emergency. 1305.2 Offstreet Parkins and Loedias Due consideration shall be given to offstreet parkinq and loading facilities as related to adjacent streets, with particular refereacei to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement im relation to access in case• of fire or other emergency, and screening and landscaping. 1305.3 ftftw and service news . t Due consideration shall be given to the location, Scale, design, and screening of refuse and service► areas to the Banner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of Adjoining public ways. 1303.4 Sims and liGhtina. on* consideration shall be given to the number, size, character, location and orientation of proposed signs, and of proposed lighting for signs and premises, with particular reference to -traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 9R- 106 9 a.JV7.7 VLiL� tits.. Due consideration steal? -% given to utilities required, with Particular reference t Availability and capacity of systems, location of connecc.ons, and potentially adverse appearance or other adverse •!teens on adjoining and nearby property and the character o! the area. 1305.6 Draigg Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. whore major drainage volusMas appear likely and capacity of available systees is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharger, or other remedial measures. Dueconsiderationconsideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. in additioa to consideration of detailed elements indicated abovo, as appropriate to the particular class or kind of special peslit and the eisevastanees of the particular cue, due consideration shall be given to potentially adverse effects generally on adjoining and nearby psepestiss, the arms, the neighborhood, or the City, of the use or.oeenpaney as proposed, or its location, constriction, design, character, scale or Banner of operation. whose such potentially adverse effects arm found, consideration shall be given to special -1a dial measures appropriate in the particular cisevastanneos of the case, including screening or buffering, landseaping, control of canner or hours of operation, alteration of use of such space, or such other measures as axe required to &sacs@ that such potential adverse effects will be elialnated or miniaised to the maxima extent reasonably feasible, and that the use of occupsnney will be cospatible and hasaonioos with other dsvelopaeat in the area to a degree which will avoid substantial depreciation of the value of nearby property. ntnatu� Date Item IO ANALYSIS FOR SPECIAL EXCEPTION Approximately 2526 SW 27" Avenue. CASE NO. 1997-0072. Pursuant to Section 401 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal to allow a veterinary or animal clinic as fol- lows: Note: This Special Exception also encompasses a Class II Special Permit to reduce the required 5' - 0" periphery landscape area to 2' - 0" in order to accommodate a handicap parking space and also is subject to obtaining a Unity of Title. The following findings have been made: It is found that although the subject property is within a C-1 designated area, the property consists of a two structure complex. • It is found that each structure of the aforementioned structures has four (4) apartments for a total of eight (8) units and it is also found that this application is in order to con- vert one of the residential units into an veterinary clinic. • It is found that the proposed use as a veterinary or animal clinic is not an appropriate nor compatible use for only one of the units in a residential complex with seven (7) remaining residential units on the same site. Based on these findings, the Department of Development, Building and Zoning is recommending denial of the application as presented. 98- 106 11 W. so U 1 momigill i lit "Pin C� •■■■.■•■■■ ■■•■VO.•■.. �.�`� 3;lm r 1144-1-1 sR- 106/5 APPLICATION FOP, .PECIAL EXCEPTION File Number _ Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions. (See Article 16) Formal public notice and hearing is mandatory for S*iai Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Oepwtmwt of Planning, Building and Zoning for his recomawations and the director shall make any further referrals required by these regulations. HHBLEB HOLDING -Col aRATIONhereby apply to the City. of Miami Zoning Board for approval of a Special Exception for property located at Nature of Proposed Use (Be specific) Veterinary Clinic In support of this application, the following material is submitted: 1. Two copies of a survey of the property prepared by a State of Florida Registered land Surveyor. x 2. Four copies of: the site plan sharing (as required) property boundaries, existing (if any) and proposed structure($), parking, landscaping etc; building elevations and dimensions and computations of lot area and building special. 3. AffidaOts diselosIM WMMMp of property covered by application and distlowrs of interest form (attach to application). _ d. Certified list of owners of real estate within a Vs -toot radius of the outside boundaries of property covered by the application. S. At least two photographs that show the entire property (land ad improve - vents). 6. Other (Specify) 1. Fee of S_ to apply toward the cost of processing: 98- 106 /7 Sp( 1 Exception .......................... ;0.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars (SM) 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. (City Code - Section 62-61) STATE OF FLOMA) SS: COUNTY OF OAK ) "1 HUGO BASTERRECHEA Signature Owner or AuthoMted Agent Name RrInQ RARTERRECHF_.A Address 4015 University Dr. Phan Coral GAblesf Fal. 33146 305-667-5366 HUGO BASTERRECHEA , being duly worn, deposes ad saps that he is the (Owner) (IMithorised Agent of OMnar) of the real property described in mow to question it above; that he has read the foregoirq MUM and that the saw are trim ad complete; and (if acting as agent fer ouner) that he has authority to =*Cute this petition on behalf of the Omer. v, SWOM TO AND SUhSCRIm befW* so this _ �3 dad 01 191,1. My Cosmlissim Expires: Notary�%RN�AMADOD Public Z%r*?R of Florid• �i ' mycomm.F.zp-pZllf3/o0 /I V,Comm#: CC533442 iloear Public, fate of Florida at large 98- 106 ' Q Spe-..-1 Exception .......................... �650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars (S650) 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. (City Code - Section 62-61) STATE OF FLORIDA) SS: COON" OF OAK ) Signature h6q Wne or A rized Agent Name MaII�T IITC�TL+DDL+(�iIL�T Address 4015 university drive phone Coral Gables, Fla. 33146 305-667-5366 MARFT. RASri'F.Rg rT-TiFA , being duly sworn. dgM4$ and says that he is the (Owner)(AuthoriZed Agent of Owner) of the real property described in answer to question !I above; that he has read tM feregoing answer and that the same are true and complete; and (if acting as agent for owner) that he has authority to exwAe this •petition on behalf of the owner. A (Na.ay SWORN TO AND SIIOSCRIM before me this = Or of �uzYE.e. 19�. 6ArlR : ANa AMADOR rotary — Ptrt;lic E5tats rod Florid _j ��' My Comm. Exp: 02/18/00 /� �� Corns: CC533442 at large 40 2� 98- 106 AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF OADE } Before me, the undersigned authority, this day personally appeared HUGO BASTERRECHEA , who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing p ramired by Ordinance 11000 of the Code of the City of NIM11, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and We a part thereof. 2. That all owne's which he Iopnsenb. if any, have given their full and complete permission for his to act in their behalf fbr the change w aodifica- tion of a classification or regulation of zoning as set out *jM accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the cu.. a names, mailing addresses, phone nutwrs and legal descriptions for the the real property of which he is the mw or legal representative. 4. The faM as represented in the application and in PON-6 submitted in conjunction with this affidavit an true and cogmct. Furthee Affiant sayeth not. x ) NaM) Sworn to and Subserihed before ae this i3 day of c 11�1 Notmafy Publ% State of Florida at Large Mf 0!a►y:ANA AMADQR Public ZSt1110 0f Florid• C mr"#:C C533442�0 98- 196 21 AFFI0AYIT STATE OF FLORIDA } } SS COUNTY OF OAOE } Before me. the undersigned authority, this day personally appeared MABEL BASTERRECHEA , who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing ps required by Ordinance 11000 of the Code of the City of Mimi, Florida, affecting the real property located in the City of Niami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. TMt all owners which he represents, if any, have given their full and complete "mission for his to act in their behalf for the charge or modifica- tion of a classification or regulation of zoning as set out in. the accompanying petition. 3. That the pales attached hereto and made a part of this affidavit contain the current nano, 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 application and documents submitted in conjunction with this affidavit are true and correct. Further Affiamt sayeth not. Cf/A (SEAL) (Name) Sworn to and Subscribed before me this �3 y of ' dam 1911 c. Stets of Florida at Large `, . aiANA AMADOR _No.y_State of Florida Public `My Comm. Exp: 02118/d Comma: CC533442 2.2. 98- 106 OWNER'S LIST Owner's Name urrnz+r na .n,,., ., ., r,vy,T Mailing Address 4T11 r, TTni varci t-W T)riyp rnrAl C=N14=c � T. 1 � �'A1 A A Telephone Number 30.5-667-5366 Legal Description: Lot 4 Block 7 The Pines Subdivision Plat Book 5-76 Owner's Name HUGO BASTERRECHEA Mailing Address 4015 University Drives Coral Qghl ss Fla 3314E Telephone Number 305-667-5366 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 follow: Street Address Legal Description 2530 SW 2-7 A — Street Address. 2565 SW 27 Ave. Lro81 Description Mabel Basterrechea Street Address Legal DeseM ption 9�- 106 a3 --w4wnc yr vwaca.mar I. legal description► -1d street address of subject real grope Lot 4 Block 7 The Pines Subd. Plat Book 5-76 2526 SW 27 Ave., Miami, FLa. 33133 ' 2. Owner(s) of subject real property and percentage of ownership. Note: City of Minim Ordinance Mo. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject natter of a presentation, request or petition to the City Comission. Accordingly, question 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties. together with their addresses and proportionate interest. HURLER HOLDING CORP. a N.J. Corp. owned exclusively by: Hugo BAsterrechea and wife Mabel Basterrechea, holding 100 per cent of stock. 3. legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 375 feet of the subject real property. Lot 5 less E. 25 ft. The Pines Sub . (2530 W 27 Ave., Miami, Fla. 33133) HUGO BASTE HEA OWMER OR ATI,OIM,.fOR OMNER STATE OF FLORIDA } SS: COUNTY OF OAK } H C O R ASIF R RE CH F A . being defy sworw, dpsaa aid says that he is the (Please hint) (OWW) (Attorney for "W) of the real grogerty described in answer to question fi abow; that he has read the foregoing WAven aid that the sa■E are true and coa*lete and (if acting as attorney for owner) that he has aatherity to execute the disclosure of OaaierahiP form an behalf of the owner. (SEAL) re of Owner or Attorney for Omar SWORN TO Alb S1103CNIM before w this day of &;r,-4A_! pedl1 , State of Florida at Large �`No,arY �ANA AMADCR Pubfic "State of Florida My Comm. f-xp q�; ttj,Qo //11%k Comm#•: cc;-q—., ss- 106 ZS OISCLOSURE OF OWNERSHIP I. Legal descriptior 1 street address of subject real props Lot 4 Block 7 The Pines Subd. Plat Book 5-76 2526 SW 27 Ave. Miami, Fla. 33133 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miani Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject natter of a presentation, request or petition to the City Connission. Accordingly, question i2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. HURLER HOLDING CORP. A NJ Corp. , owned eklusively by: HUGO BASTERRECHEA AND WIFE Mabel Basterrechea, holding 100per cent of stock. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 02, and (b) located within 375 feet of the subject real property. Lot 5 less E. 25 ft. The Pines Subd. (2530 SW 27 AVe.. Miami, F1a.33133) Lot 13 less W 25 ft. for St. (2565 SW 2? Ay.e. Miami, FLa. 33133) ATTORNEI` f" OMNEw STATE OF FLORIDA } SS: Comm OF WE } MARF l RA RTFR RFC u FA being duly Swore , dePeees and $alts that he is the (Please Print) (Owner) (Attorney for Owner) of the real Property described in answer to question fl above: that he has reed the foregoing wawers and that the sm are true and coaplete and (if acting as attorney for owner) that he has authoMty to execute the disclosure of 0WAWshiP fora on behalf of the orinar. k1ton (SEAL) Signatu or Attorney for Owner SWORN TO AM SVa%RIW before na this ICO day of CC- , 19 9:1 `- NAAI�q Obi w Notary Public EStat9 of Florida MY Comm. Exp• 0211 oio0 I COmmx: C-0533442 o fttp,ey Pub l i State of Florida at Large 2(n 98- 106 297079 Certificate No. 1 For Shares Issued to HUGO R. BASTERRECHEr Transferred from 1 1 v rrrca No. Original Certificate No Original Shares No Oi Shares Transferred Dated August th �xtee.>ath 19,72Receipt acknowledged___ INCORPORATED UNDER THE LAWS OF THE STATE OF NEW JERSEY HURLER HOLDINGS CORPORATION /OU SHARES COMMONSTOCK. NO PAR VALUE ( i i " ij ,e7 �-I XMIlit-0O �r x i, .'�•. d,5 l,: SR .,e. .A'. 4d/.. .V.. f.. V.-. .•.t .a h. 41'.\•a Y+'.'. .:Vr b•. U'Y • . :11 1 1 297079 1W Certificate No. 2 For Shares Issued to M BE1 C. BASTERR�'� REA Transferred from _ 1 1 _ [-r[ava>TCT v r �c — No. Original Certd,cate f No. Original Shares No. Of Shares Translened Dated Receipt acknowledged L._ _�________ } y3 b^ NUMBER '�? rf�''r r� yT:if ..r- i t,. i' I". AM fi j'�: .0 h' :.V: •n•.•:1wtiY.•. t t.Y: Yrati:' •: r.•. � � • :.Y: •.�'.. :'4Y HURLER HURLER HOLDINGS CORPORATION IOO SHARES COMMON STOCK, NO PAR VALUE i DENT a 1987 ALL -STATE LEGAL, A Division of All -state International, Inc O 222-0510 99C13-12 RIS iftaffituret112AM"rJ ,9R213aORM 4M 011D aJ 908C7 STATUTORY f. S. Ne.Ot ,y 3 (Wlttae o used h—io the terns "tint Puty" a d ''tecont. .rq" dtall include riosulor and plural, heir, Ieea1 tttprneetativta, and atieos of individuate, and the +ueeefrnn aed a eer of corpnratiotu, •+b,—r the context b admib ar RRYirts.l Made this 10 day of October . A. D. 19 79 BETWEEN BRAULIO YURUBI and MARIA YURUBI, his wife of the County of Dade . in the State of Florida . part ies of the first part, and HURLER HOLDING CORPORATION, a New Jersey Corporation, of file County of . in the State of New Jersey . whose post office address is 20-75th Street, North Bergen, N.J. 07047 party of the second part bitnewth, That the said parties of the first part, for and in consideration of the sum of TEN 00/100($10e00)------------------------------------------- Dollars, to them in hand paid by the said part y of the second part, the receipt whereof is hereby acknowl- edged, ha ve granted. bargained, and sold to the said part y of the second part, its heirs and assigns forever, the following described land, situate, and being in the County of Dade State of Florida . to-wil: Lot 4, less the East 25 feet thereof, �XI�in Block 7, of THE PINES, according �LJa m I to the Plat thereof, recorded in Plat �Ls I Book 5 at Page 76 of the Public Re- n� cn {{{ cords of Dade County, Florida. SUBJECT to an existing first mortgage in favor of Greater Miami . Federal Savings and Loan Association; filed of record, which the •- s � �, � grantees assume and agree to pay. !F-�a SUBJECT to conditions, restrictions, limitations and easements of record, if any, taxes for the year 1979 and subsequent years. �=r And the said part ies of the first pare do hereby fully warrant the title to said land, and will defend the same againstthelaawful��claims _r`[of all persons whomsoever. h W{NILit1 Uhtrt0 , The said part ies o1 the first part have hereunto set their hand s and seal 8 16 do and year first above written. �o j1..�t. ......................® AULIO YURUBI ----- -------------..................................................... --..........---...---......................................® Ci)<s is 6orlr� � r i ..........................................................................................--..............-........ manage M vst.rt m no am MARIA YUR BI, his wife ............a : ... W=A"?-B1U1VRElig COU STATE OF FLORIDA, pWIRT COUNTY OF Dade I HEREBY CERTIFY that on this day, before me, an officer duly authorised in the State aforesaid and in the County aforesaid to take acknowledgmenu, penally appeared BRAULIO YURUBI and MARIA YURUBI, his wife to me known to be the person s described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. unnur„ WITNESS my hand and official seat in the County and Sate last aforesaid this �� t r r, day of October A. D. 19 79. o NO ARY PUBLICe �9ta =614- da nir Inuntment pxpamd by: a Large P U 8 L NOTARY PUBLIC STATE dk taAalFt�RtSi Add= This Instrument Was prepared Byt My COMMISSION E7PIREs rti6U; PEDRO F. MARTELL, OF BONDED TNRU GENERAL INS. Uf`(jtWAPIUS MARTELL, BLANCO 3 VILLALOBOS, P. A. 1401 Ponce de Leon Blvd. Suite 200, Coral Gobba, PL 3313,9 sR- 106 Z9` BILL OF SALE. ABSOLUTE RAMCO FORM 101 BRAULIO YURUBI Smd MARIA YURUBI, his wife of the City of Miami , in the County of Dade and State of Florida, parties of the first part, for and in consideration of the sum of TEN 00/100($10.00)---------------------------------------------- Dollars lawful money of the United States, to them paid by HURLER HOLDING CORPORATION. Of North Bergen, New Jersey, party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, sold, transferred and delivered, and by these presents do grant, bargain, sell, transfer and deliver unto the said party of the second part, its executors, administrators and assigns, the following goods and chattels: 6 Air Condition Units- 4 Heaters. 4 Electric Ranges 4 Refrigerators 1 Washer 1 Dryer '10 HOt Wd CO X01d the same unto the said party of the second part, its executors, administrators and assigns forever. AND they do , for themselves and their heirs, executors and administrators, covenant to and with the said party of the second part, its executors, administrators and assigns, that they are the lawful owners of the said goods and chattels; that they are free from A encumbrances; that they ha ve good right to sell the same aforesaid, and that they will warrant and defend the sale of the said property, goods and chattels hereby made, unto the said part y 0 the second part its executors, administrators and assigns against the lawful claims and demands of all persons whomsoever. In WItM gn�Itttd, We have hereunto set our hand s and seal S Is 10th day October one thousand nine hundred and seventy-nine. e' u : ...(SEAL) AUDIO RUBI (SEAL) of JrIoribL 6 ftwft of Dade 3 31mbg OT Mfg that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, BRAULIO YURUBI and MARIA YURUBI, his wife to me well known to be the persons described in and who executed the foregoing Bill of Sale, and they acknowledged before me that the$xecuted the same freely and voluntarily for the purpose therein expressed. S Mess my hand and official seal at Miami, County of Dade and State of Florida this loth day of October, A.D. 19 79. ............... .. ......... My commission expires: Notary Public, State of F orid NOTARY PUBLIC STATE OF FLORIDA AT LARM MY COMMISSION EXPIRES APR. 15 1981 BONDED TMRU GENERAL INS. UNDERWRITERS 50 98- 106 Angela George ! LFIQ] C I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !0001] FOLIO (411601112401 ADDRESS (2526] [SWJ [27 J [AV ] UNIT [ ] LEGAL: 1) THE PINES PB 5-76 4) OR 10542-1194 1079 1 2) LOT 4 LESS E25FT BLK 7 5) 3) LOT SIZE 45.000 X 107 LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ ENTER ACTION [1 ] NO MORE RECORDS XMIT [ J Window ARPSWIN/1 at PRODUCTION 9 6 Pg=1 FORM RCV LTAI Date: 11/18/97 Time: 12:53:35PM 9�- 106 51