HomeMy WebLinkAboutR-97-0769J-97-=i-.3-'(b)
1.0./28/97 ee -
RESOLUTION 7 ® 769
NO. .a
A RESOLUTION DENYING THE APPEALS FROM AND
AFFIRMING THE DECISION OF THE ZONING BOARD
PURSUANT TO SECTION 1800 OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA THUS
AFFIRMING CLASS II SPECIAL PERMIT APPLICATION
NO. 97-0073, ISSUED ON JUNE 11, 1997, BY THE
DIRECTOR OF THE DEPARTMENT OF PLANNING AND
DEVELOPMENT APPROVING MODIFIED PLANS WITH
' CONDITIONS AND AUTHORIZING DEVELOPMENT ON THE
PROPERTY LOCATED AT 3031 BRICKELL AVENUE,
MIAMI, FLORIDA, LOCATED BETWEEN BISCAYNE BAY
AND THE FIRST DEDICATED RIGHT-OF-WAY, SUBJECT
TO THE CONSTRUCTION OF A NINE -FOOT WALL IN
FRONT OF THE CHILLER SYSTEM OF THE AIR
CONDITIONING UNIT, PROVIDED FURTHER THAT IF
THE UNIT EXCEEDS 55 DECIBELS WHILE IN
OPERATION THE CITY MAY IMPOSE FURTHER
CONDITIONS.
WHEREAS, the Miami Zoning Board at its meeting
of.
{;
September 22, 1997, Item No. 2, adopted Resolution No. ZB 96-97
by a seven to zero (7-0) vote, DENYING the appeal of a Class
II
-,"Special Permit granted by the Director of the Department
of
Planning and Development, as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration
of
this matter, finds that.. the Director of the Department of
Planning and Development correctly issued Class II Special Permit
\ No. 97-0073 on June 11, 1997, and therefore deems it advisable
and in the best interest of the general welfare of the City of
Miami and its inhabitants to deny- the herein appeal from the
Zoning Board's decision and affirm the decision of the Director
of Planning and Development approving modified plans with
COsSYaff
MEETING OF
OCT 2 8 1997
Resolution 140.
07, 7-9
conditions, subject to the construction of a nine -foot wall in
front of the chiller system of the air conditioning unit, and
provided further that if the unit exceeds 55 decibels while in
operation the City may impose further conditions;
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 the
appeal pursuant to Section 1800 of the Zoning Ordinance of the
City of Miami, of the issuance of Class II Special Permit
Application No. 97-0073, issued on June 11, 1997, by the Director
of the Department of Planning and Development approving modified
plans with conditions and authorizing development on property
located at 3031 Brickell Avenue, Miami, Florida, located between
Biscayne Bay and the first dedicated right-of-way, legally
described as Lots 100 and 101, Block B, MARY BRICKELLS FLAGLER,
according to the Plat thereof as recorded in Plat Book 5, at
Page 44, of the Public Records of Dade County, Florida, currently
zoned R-1 single family residential with an SD-18 Minimum Lot
Size Overlay District, is hereby affirmed, subject to the
construction of a nine -foot wall in front of the chiller system
of the air conditioning unit, provided that if the unit exceeds
55 decibels while in operation, the City may impose further
conditions, and the appeal is hereby denied.
2 -
,9'7- 769
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 28th day of October 1997.
�r
e JOE CAROL , MAYOR
WALTER J.
10"AD1Q-11"A N ply -Al ►ny tj,1 :Z63�
Al r If I
YAMILVRER TREHY
ASSISATTORNEY
APPROFORM AND
CORRE
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TORNEY
W1933:YMT:BSS:ah:mis
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97- 7.69
0 CITY OF MIAMI, FLORIDA
•
TO
Walter J. Foeman
City Clerk
��� P-WO-4j
FROM: Beverly Solomon
Legislative Coordinator
INTER -OFFICE MEMORANDUM
DATE:
SUBJECT:
REFERENCES
ENCLOSURES:
qT_g7-713 (b)
March 4, 1997
Resolution No. 97-769
adopted October 28, 1997
Scrivener's Error
Resolution No. 97-769, adopted October 28, 1997, contains
scrivener's errors in the Title and in Section 2, concerning a
the nine -foot wall to be constructed for the air conditioning
unit and conditions imposed by the City Commission.
A review of the transcript for Agenda Item ##PZ-9 will
confirm that said Item was adopted, subject to the modification
on the floor by the City Commission, to require that a nine -
foot wall be constructed in front of the chiller system of the
air conditioning unit and not around the air conditioning unit
as the existing executed Resolution states. Further, the City
Commission also stated that should the unit exceed 55 decibels
while in operation, the City may impose further conditions,
Sincethe transcript of the meeting clearly reflects the
intent of the City Commission, I am transmitting, by the herein
attachment, a substitute original resolution to replace the
incorrect document you presently possess. After the correct
document has been executed, please forward a copy to this
Office.
You may wish to keep this memorandum on file with any
back-up material you have in your custody regarding said Item.
CC: Joel Edward Maxwell, Interim City Attorney
Yamile M. Trehy, Interim Chief Assistant City Attorney
BSS:W169
97- 769
Board, and if it exceeds the 55 that is allowed, she will have to comply and make any changes
that need to be made. To enclose the unit, which has been suggested, number one, these units...
air conditioning units need air to breathe. Basically, what they do is they recirculate air. They
take air from the outside and put it on the inside. We cannot enclose the unit completely. Air
has to come from somewhere. If we enclose it, we have to put ceiling fans, like the ones that
you see in the industrial parking garages, which will make more noise than the unit itself. We
have, again, the manufacturer's literature, as well as our consultant, that tell us that to reduce it
to what is legally required by the City, we can do it with a nine foot wall. And our client is
willing to do that, and that is what is shown on the plans.
Mr. Luft: Mr. Vice Mayor, I would recommend that part... that we accept the nine foot wall,
which would be a full, wall-to-wall connection of the courtyard, which would mean that the...
it's an extension of the house walls, so that there would be a complete barrier out on that edge.
That we review it when the thing is constructed and operating, to assure that it meets the 50
decibel level that is our noise ordinance. And if it does not...
Mr. Gelabert: Fifty-five.
Mr. Luft: ... fifty-five. We will come back and we will seek corrective measures, either a partial
enclosure, a roofing element, or something that will allow it to breathe, but will further reach the
decibel levels.
--'\ Vice Mayor Regalado: All right. Is there a motion? Is there a motion?
--Commissioner Plummer: Well, will they agree? Will they agree to that? That's, you know...
--� Mr. Gelabert: Oh, yes, we'll agree to that.
Vice Mayor Regalado: OK. Is there a motion to follow the Administration's...
Commissioner Plummer: Wait a minute. Excuse me. Mr. Vice Mayor, as much as I'd like to
get out of here, and I have to, they usually have the right of rebuttal.
Vice Mayor Regalado: I know that. But before they go ahead, if some members of the
Commission have any ideas of a motion?
Mr. Bass: I understand that. It's just that my client would like to... I'll get rid of my rebuttal.
My client would like to address you. This has been long and very emotionally taxing on her.
She will address you very briefly.
Vice Mayor Regalado: Go ahead, ma'am.
Mr. Gelabert: Mr. Vice Mayor, I just... I haven't finished.
Vice Ma or Re alado: One second. Let us hear.
--'Ms. va Nag'yi ih OK. My name is Eva Nagymihaly, and I just wanted to -say one more
thing:dgai es, we're here for the noise. And please do not forget that the property we're
talking about is Villa Serena. Villa Serena is a part of historical Miami. It is not air conditioned.
It has been maintained in the beauty and serenity that will make Villa Serena what it is. I am not
saying that their 19,000 square foot home is not pretty. I'm sure it's going to be very beautiful.
I will try to accept the fact that it's that large, next to our 5,000 square foot home. However, the
point is for the amount of money that they say they're willing to spend on the property, which is
four million, plus six million, plus furnishings, by fact, we all know that if they enclose this
101 October 28, 1997
97- 769
chiller, which they can do, they admitted that they can enclose it, by enclosing it, we don't have
to stay at the 55. We can go to lower. So if they can spend that kind of money, why can't they
be willing, so that we can all get along, so we can talk over the fence, like normal people would,
instead of just throwing daggers at each other, and, then, me having to call out an expert to check
the decibel ratings, and check this for her to have to redo it. Why can't she not please go ahead
and reduce it even greater? That's basically what I needed to say. Please keep it in mind, it can
be done.
Vice Mayor Regalado: Thank you.
Commissioner Plummer: Mr. Vice Mayor, ifd may. I think we've heard all we need to hear,
and then some.
Vice Mayor Regalado: That's right.
---� Commissioner Plummer: She has the right, as long as she is within the Code, to do what is being
done, in the same way that in a historical site you choose not to have air conditioning, that's your
prerogative. I think that the compromise that I think is being offered is fair. I put you on notice,
Mr. Bercow, for your client that once it is built and it has complied with what Mr. Luft has
recommended, that if, in fact, the decibel level is above 55, sir, you're going to be back before
this board, and we can impose on you any, which we feel, are provisions necessary.
Mr. Bercow: Actually, Commissioner Plummer, it's allowed to go up to 60 during the day.
Commissioner Plummer: Sir, I said 55. You want to quibble about five? You lose. Fifty-five.
Mr. Bercow: It won't be a problem. We can meet the 55.
----> Commissioner Plummer: All right, sir. Predicated on that, sir... you know, I understand the
person's concern next door that doesn't have air conditioning, but that's their .choice to live
without it. It's... South Florida a long time, never had air conditioning. So I would move you,
Mr. Vice -Mayor, at this time that, in fact, this be approved with a full understanding of the
provisions, which I have already spoken to, and that predicated upon that, that... Is it to overturn
the appeal?
Mr. Maxwell: It's reversing.
Commissioner Plummer: To reverse the appeal.
Ms. Slazyk: Right. Reverse and modify the class two by accepting the modified plans presented
here with the nine foot wall.
Commissioner Plummer: Well, I'm not even talking to the tower. I don't know a thing about
the tower. That's gone.
Vice Mayor Regalado: All right.
Ms. Slazyk: No, no, no. The wall. The wall.
Commissioner Plummer: Well, excuse me. Since there are no indications as to the tower, I
think that's on the record, they're now aware of the situation with the tower, and one of two
things has to prevail.
Mr. Bercow: Commissioner, I represented we are going to remove the steps.
102 October 28, 1997
97- 76.9.
LtiTY OF 'L!
IIIC066 96ATED
9 ti�
Case Number: 1997-0039
ZONING FACT SHEET
22-Sep-97
Item No:
Location: 3031 Brickell Avenue
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: V. Nagymihaly Ben Fernandez & Jeff Bercow, Esq.
2520 South Miami Avenue 200 S.Biscayne Blvd., Suite 850
Miami, FL 33129 Miami, FL 33131
App. Ph: (305) 854-0825 Rep. Ph: (305) 377-6235 ext
Rep. Fa U - ext
Zoning: R-1 Single-family Residential
Request: Appeal by V. Nagymihaly of the Class II Special Permit Application No. 97-
0073 approved with conditions by the Director of the Department of Planning
and Development on June 11, 1997, at the above location, this section sets
forth explicitly that any development on property located between Biscayne
Bay and the first dedicated right-of-way pursuant to provisions and standards
contained in Section 1305 of Ordinance No. 11000, shall be permisible only
by a Class II Special Permit. Continued from Zoning Board Hearing July 21,
1997 and Zoning Board Hearing of September 8, 1997.
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:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order Date
CEB Action:
PZ-9
I
97- 769
0
IIICORe 96ATED
9 1�
0, F�C4
ZONING FACT SHEET
Case Number: 1997-0039 22-Sep-97 Item No: 2
History: Continued from Zoning Board Hearing of July 21, 1997 and Zoning Board Hearing
of September 8, 1997.
Analysis: Please see attached.
Zoning Board Resolution No: ZB 96-97 . Denial of Appeal Vote: 7-0
Appellant: V. Nagymihaly and Dean Ziff .
City Commission: N/A
qw-i- 79
LAW OFFICES
S H U B I N& BASS
PROF ESSIONA L A S S 0 C 1 A T 1 0 N
Via Hand Delivery
October 3, 1997
Ms. Teresita Fernandez
Chief, Zoning Department
Hearing Boards Section
444 S.W. 2nd Avenue
Miami, Florida 33130"
Re: Appeal of Class II Special Permit
3031 Brickell Avenue
Dear Teresita:
It is my understanding that you are the Clerk for the City of -
Miami Zoning Board ("Zoning Board")and the person designated by the
City Manager pursuant to Section 2002 of City of Miami Zoning
Ordinance ("Zoning Ordinance") for the filing of appeals of a Class
II Special Permit. The purpose of this letter is to appeal the
decision of the City of Miami Zoning Board affirming the Class II
Permit issued to the above -referenced applicant. The Appellants
in this case are Veronica Nagymihaly, Eva Nagymihaly, and Charlotte
Nagymihaly (collectively, `Appellants"), who are owners and/or
occupants of real property which directly abuts the subject
property. The Appellants previously appealed the Class II Special
Permit which was issued by the City of Miami and tendered the
appropriate appellate filing fee.
The basis for the appeal is as follows:
a
C-)
* The City of Miami Zoning Board applied the --{
City's lobbyist registration ordinance to c�
prohibit the Appellants' expert from -�
testifying and, accordingly, denied the =
Appellants due process of law. Specifically, ~'
the Zoning Board, through its clerk and cCrrl
attorney, advised the Appellants that their
expert shall first tender $700.00 dollars
before addressing the Zoning Board. Such an
exhorbitent and outrageous "tax" deprives the
M AM1 TAMPA
46 S.W. 1st Street, 3rd Floor, Miami, Florida 33130 707 Florida Avenue, Tampa, Florida 33602
Ph:305.381.6060 Fie 305.381.9457 Ph:813*223.4785 Fx 813.223*4787
97 769
.+
Appellants of their ability to petition local
government for the redress of their grievances
and, therefore, is unconstitutional.
* The Zoning Board approved a structure which is
taller than the maximum height permitted by
the zoning code without requiring or granting
a variance.
* The Zoning Board approved the location and
siting of certain air conditioning units and a
generator (collectively, "equipment") in.close
proximity.to the Appellants, property without
any evidence concerning the size and
specifications of such equipment in
contravention to the requirements set forth in
section 1305 of the City of Miami Zoning Code.
In this regard, the Zoning Board and City
Staff failed to receive competent and
substantial evidence. concerning the noise
generated by the equipment and, therefore,
failed to base its decision upon substantial
and competent evidence.
As always, please do not hesitate to contact me if you
have any questions concerning.this correspondence.
Ceffrey -r-. Bass, Esq.
For the firm
y'- 69
s
September 26, 1997
Ms. Teresita Fernandez
Chief of Hearings
City of Miami
RE: Appeal of Zoning Board Resolution #ZB 9697 (3031 Brickell Avenue)
Dear Ms. Fernandez:
I am writing to appeal the Zoning Board decision of September 22, 1997, Resolution #ZB 9697, involving 3031
Brickell Avenue. The basis for this appeal is that the total size of the proposed structures should be reduced as they
are far too massive for the existing property.
I have enclosed a check for the $500.00 appeal fee and I look forward to this appeal being heard at the next City
of Miami Commission meeting on October 28, 1997.
Thank you for your assistance.
Sincerely,
"" f"I .
Dean Ziff
2999 Brickell Ave.
Miami, FL 33129
Fax#:856-1373
Tel#:856-0323
Q
9'7- 769 �5
0 0
Ms. Ileana Hernandez offered the following Resolution and moved its adoption.
RESOLUTION ZB 96-97
A RESOLUTION AFFIRMING THE DECISION OF THE DIRECTOR OF THE
DEPARTMENT OF PLANNING AND DEVELOPMENT AND DENYING THE APPEAL BY
V. NAGYMIHALY OF THE CLASS II SPECIAL PERMIT APPLICATION NO. 97-0073
APPROVED WITH CONDITIONS BY THE DIRECTOR OF THE DEPARTMENT OF
PLANNING AND DEVELOPMENT ON JUNE 11, 1997, FOR THE PROPERTY LOCATED
AT 3031 BRICKELL AVENUE LEGALLY DESCRIBED AS LOTS 100 AND 101, BLOCK B,
MARY BRICKELL'S FLAGLER ADDITION (5-54) PUBLIC RECORDS OF DADE
COUNTY, THIS SECTION SET FORTH EXPLICITLY THAT ANY DEVELOPMENT ON
PROPERTY LOCATED BETWEEN BISCAYNE BAY AND THE FIRST DEDICATED
RIGHT-OF-WAY PURSUANT TO PROVISIONS AND STANDARDS CONTAINED IN
SECTION 1305 OF ORDINANCE NO. 11000, SHALL BE PERMISIBLE ONLY BY A
CLASS II SPECIAL PERMIT. THIS MOTION WAS PASSED AND ADOPTED TO
INCLUDE THE ACCEPTANCE OF THE MODIFIED PLANS.
Upon being seconded by Mr. Osvaldo Moran-Ribeaux the motion was passed and adopted by the
following vote:
AYES: Mses. Basila, Hernandez & Morales Messrs. Barket, Crespo,
Obregon & Moran-Ribeaux.
NAYES: None
ABSENT: Ms. Cuervo Mr. Gibbs
Ms. Fernandez: Motion carries 7-0
Teresita L. Fernandez, Chief
Office of Hearing Boards
September 22, 1997
Zoning Board
Item #2
•
•
ANALYSIS FOR APPEAL OF CLASS II SPECIAL PERMIT
3031 Brickell Avenue
Class II 97-0073
ZB CASE NO. 1997-0039
Pursuant to Article 15, Section 1511 of Ordinance 11000, as amended, The Zoning
Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to allow
the development of a single family residence between Biscayne Bay and the first
dedicated right-of-way (Brickell Avenue) currently zoned R-1 Single Family Residential
with an SD-18 Minimum Lot Size Overlay District.
As part of the Class II Special Permit review, the following findings have been
made:
• It is found that on February 18, 1997, the Historic and Environmental Preservation
Board reviewed this proposal and adopted Resolution No. HEPB 97-6 which
approved the construction of a single family residence involving tree removal and
relocation at 3031 Brickell Avenue, located within Environmental Preservation
District #44-4.
• It is found that the architect has taken great care in studying the prevalent character of
the neighborhood in order to arrive at the proposed designed and consequently if
constructed, the subject residence shall be compatible with the character of the area.
• It is found that the proposal' is appropriate in scale and design and will result in an
appreciable enhancement to the area through the development of a presently
undeveloped lot.
• It is found that the architectural color rendering submitted for the proposed structure,
and on file with the Department of Planning and Development is elegant and
complimentary to the surrounding neighborhood. The colors chosen will enhance the
proposed development, as well as beautify the character of the area.
• It is found that the landscape plan does not reflect the location for the proposed
mechanical equipment along the southern property line. It is evident that there are
conflicts between existing trees to remain and proposed mechanical equipment. This
conflict must be addressed on the final site plan prior to the issuance of any building
permit.
9'7= 769
Based on the above findings and the considered advice of the officers and agencies
consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the
subject application was approved subject to the revised plans and supplementary
materials submitted by the applicant and on file with the Department of Planning
and Development. This approval is subject to the following conditions:
1. Prior to the issuance of any building permit, a final site plan and landscape plan shall
be submitted to the Department of Planning and Development which includes the
following:
a) The plans must depict a buffer hedge around the proposed air conditioning equipment
and shall specify the relocation or mitigation of the depicted trees in that area.
b) Provide an 8' ht. continuous podocarpus hedge to be planted along a portion of
southern property line as shown on the attached sketch, in an effort to buffer the
exposed mechanical equipment.
2. This Class II Special Permit is hereby approved subject to modifying height to a
maximum of twenty-five (25) feet average roof and removal of access to 3' floor
level look out and maximum height of look out without access to be thirty-five (35)
feet maximum or obtain Variance.
Based on these findings, the Department Planning and Development is
recommending denial of the appeal and upholding of the approval of the application
as approved with conditions.
I � 97- 769
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9 f - 769 I
tAGYMIHALY PROPERTIEO
2520 SOUTH MIAMI AVENUE
MIAMI, FLORIDA 33129
PHONE: 854-0825
June 26, 1997
City of Miami Hearing Board
444 South West 2nd Avenue
Seventh Floor
Miami, Florida 33130
TO WHOM IT MAY CONCERN:
RE: 3031-Brickell Avenue
Permit # 97-0073
I am appealing the approval of the Special Class II
Permit on the property located at 3031 Brickell Avenue.
As the adjacent property owner, I feel adversely affected
by the following proposals:
1. WALL/FENCE: N8 PlANs were submitted for a wall/fence
along our property line. Our present concern is the
construction workers access, visually as well as physi-
cally on to our property.
W
41
2. SIZE OF THE STRUCTURE:, 19,000 square feet is quite large
compared to our large home of 7160 square feet.
3. HEIGHT -OF -THE STRUCTURE: Several areas mentioned in the
plans and revised plans are confusing and vague:
a. Sheet A-3 reflects "Third Floor Drawings"
b. Roof incline appears to be above -the allowed height.
The finished floor to the ridge/parapat is greater
than 32 feet.
c. The revised plans only refer to the 'removal of the
access" to the tower and not the actual 42''Tower.
4. PUMPS/WATER COOLING SYSTEMS:
All mechanical operations are located within -a 50' area
-abutting our property line. Its positioning is close to
our main house, and therefore raises major concerns
regarding the operation and noise levels.
Please review these concerns and inform us on all matters
which should affect our appeal. Any correspondence should be
mailed to our office, noted above, or you may call us at
854 8863.
Sincerely Yours,
V/ Na�mihaly/
97- 769
•
•
CITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
To: J.A. Gelabert, Architect
2420 SW 271h Avenue
Miami, FL 33145
From: Jack L. Luft, Director
Department of Planning & Development
Please take notice that I have reached an final decision on the following matter:
Title: New Waterfront Development/ Single Family Residence
Address: 3031 Brickeli Avenue, Miami, I=L
Final Decision:
❑ Approval
Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS:
The subject proposal has been reviewed for Class II Special Permit pursuant to Sections
1S11 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida. This Section sets forth explicitly that any development on property located
between Biscayne Bay and the first dedicated right-of-way pursuant to provisions and
standards contained in section 1305 shall be permissible only by a Class If Special Permit.
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Department of
Community Planning and Revitalization has made referrals to the following Departments
and Boards.
• Zoning Division, Building and Zoning Department.
• North East Coconut Grove NET Office, Neighborhood Enhancement Team.
• Historic and Environmental Preservation Board
• Preservation Officer, Department of Planning & Development
97- 769 115
Their comments and recommendations have been duly considered and are reflected in
this final decision. In reviewing this application , pursuant to Section 1305 of the Zoning
Ordinance, the following findings have been made:
• It is found that on February 18, 1997, the Historic and Environmental Preservation
Board reviewed this proposal and adopted Resolution No. HEPB 97-6 which approved
the construction of a single family residence involving tree removal and relocation at
3031 Brickell Avenue, located within Environmental Preservation District #44-4.
• It is found that the architect has taken great care in studying the prevalent character
of the neighborhood in order to arrive at the proposed designed and consequently if
constructed, the subject residence shall be compatible with the character of the
area.
• It is found that the proposal is appropriate in scale and design and will result in an
appreciable enhancement to the area through the development of a presently
undeveloped lot.
• It is found that the architectural color rendering submitted for the proposed structure,
and on file with the Department of Planning and Development is elegant and
complimentary to the surrounding neighborhood. The colors chosen will enhance the
proposed development, as well as beautify the character of the area.
• It is found that the landscape plan does not reflect the location for the proposed
mechanical equipment along the southern property line. It is evident that there are
conflicts between existing trees to remain and proposed mechanical equipment.
This conflict must be addressed on the final site plan prior to the issuance of any
building permit.
Based on the above findings and the considered advice of the officers and agencies
consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the
subject application is hereby approved subject to the revised plans and supplementary
materials submitted by the applicant and on file with the Department of Planning &
Development. This approval is subject to the following conditions:
1. Prior to the issuance of any building permit, a final site plan and landscape plan shall
be submitted to the Department of Planning and Development which includes the
following:
a) The plans must depict a buffer hedge around the proposed air conditioning
equipment and shall specify the relocation or mitigation of the depicted trees in that
area.
b) Provide an 8' ht. continuous podocarpus hedge to be planted along a portion of
southern property line as shown on the attached sketch, in an effort to buffer the
exposed mechanical equipment.
2. This Class II Special Permit is hereby approved subject to modifying height to a
maximum of twenty-five (25) feet average roof and removal of access to 3rd floor
level look out and maximum height of look out without access to be thirty-five (35)
feet maximum or obtain Variance.
2
97= 569
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NOTICE
The final decision of the Director may be appealed to the Zoning Board by any
aggrieved party, within fifteen (15) days of the date of issuance by filing a written
appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd
Avenue, 71h floor, Miami, FL 33130. jTelehone number (305) 416-2030.
Signature Date
ac L. Oft, Director
Department of Planning and evelopment
87- 769 I�
AFFI0AYIT
STATE OF FLORIDA }
} SS
COUNTY OF DAOE }
Before me, the undersigned authority, this day personally appeared
Ab/Zr'E�%n`c ,q�Sr11 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 as required by
Ordinance 11000 of the Code of the City of Miami. Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and, complete permission for his to AM in their behalf for the change or edifice.
tion 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 naves, riling addresses, phone nnl be, and legal descriptions
for the the real pi oW ty of which he is the owner or 1pal representative.
d. The facts as -qw anted in the application and documents submitted
in conjunction with this affidavit are true and correct. .
Further Affient sayeth not. a4'v
(SEAL)
(Nara)
Sworn to and Subscribed betort ue
this day of
c, Staem of Fl
OFFICIAL NOTARY SEAL
ANGELA CRUANYAS
'< on COMMISSION NUMBER
CC375286
urge Q� MY COMMISSION EXP.
`0 MAY 23,1998
t
AFFIDAVIT
DISTRICT OF COLUMBIA ) SS
Before me, the unders 2..,:Cc; aur_hc �:y.; this day personally appea cd hirC1 i eldfn , ;vh
being by me first duly sworn, upon o:st<h, <<poses and says:'
1. That he is the o'��nar, or thv- legu.l representative of the owner as described Bind
Listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full and complete
permission for him to act in their 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 w,.d made a part of this affidavit contain the
current :tames, mailing addresses, phone numbers and legall descriptions for the
real property of which he is the owner or legal representative.
4. The facts as repres--rated in the application and documents submitted it
conjunction with this affidavit are true and correct.
Further affiant sayeth not.
Sworn to and Subscribed before me
this 3rd day of September, 1997.
I cu\,� P - f�� - - .
Notary Public, District of Columbia
My Commission Expires: II Ifi,�-7
(SEAL)
Myef P6dman
769
1�1
C
Owner's Name
OWNER'S LIST
ADRIENNE ARSHT — MYER FELDMAN
Mailing Address 2720 SW 22nd Street, 2nd Floor, Miami, FL 33145
Telephone Number 305/448-6500
Legal Description: Lots 100 and 101, Block B, BRICKELLS FLAGLER SUBDIVISION,
Plat Book 5, Page 44, of the Public Records of Dade Couunty,
Florida.
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
Street Address
Street Address
Legal Description
Legal Description
C
DISCLOSURE OF OWNERSHIP
I. Legal description and street address of subject real property:
Lots 100 and 101, Block B, BRICKELLS FLAGLER SUBDIVISION, Plat Book 5,
Page 44, of the Public Records of Dade County, Florida.
3031 Brickell Avenue, Miami, FL 33186
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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 02 requires disclosure of
shareholders of corporations, beneficiaries of trusts, 'and/or any other interested
parties, together with their addresses and proportionate interest.
ADRIENNE ARSHT — 50%
MYER FELDMAN — 50%
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.
OWNER OR'AMRNEf FOR OWNER
STATE OF FLORIDA } SS:'
COUNTY OF DADE }
/ 7/- T_ , being duly sworn, deposes and says thatshe is the
(Owner) (Attorney for Owner) of the real property described in answer to question 01,
above; thatshe has read the foregoing answers and that the same are true and complete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership fore on behalf of the owner.
SWORN TO AND SUBSCRIBED
before wthis C-IL
day of I9?
NY COMMISSION EXPIRES:
ti GG (SEAL)
(Name
�Y Pie cT�'Idri►C t+drRR��
l, ANOELA CR NYAS
x `" :7 n COMMISSION NUMBER
N Q CC375286
�j �� MY COMMISSION EXP.
FOF FVO MAY 23,1998
- ?�3
�'�~ 7'69
i' i2 9" 11EI, 10::6 F:AS 305 448 82111 * MAIN nFFICE
0 Z 002
E�: i TZl5rt 1806
conesaTtvE wAaaptttr eSaD
Parcel M.D. Number: 01-4139-001-2700 9d►R3i2�78 3 jb JUL ib 3bsi6
T828 I14TDL�1QTC3ffi, made the _ day of ��•[. , 1996, between
Najual Brothers, ,Inc ., a corporation existing under the laws a the
State of Florida, of the County of Dade, State of Florida, TOR,
and Myer paldman and Adrienne Araht, husband and wife, hose
address ist 360 larbquz view Drive, Kay Biscayne, Florida, o the
County of Dade, State of Florida, GAANTEE6. ,
WITUSawat That the GRANTOR, for and in consideration of this a=
of Tea and No/100 ($10.00) Dollars, and other good and vat able
consideration, to the GRANTOR in hand paid by the GRANT288 the
receipt whereof is hereby acknowledged, has granted, bargainal and.
sold to the said OWTBEb and GRANTEES' heirs and asaignsfoxtvar,
the following described land, situate, lying and being ii the
County of Dade, State of Florida, to -wits
Lots 100 and 101, Block B,. of MARY BRICXZLL'S FLAGL=
ADDITION, according to the plat thereof, as recorded
Plat Sock 5 At Saga 44, of the Public Records of Da
County, Florida. p ,�
HOAWEY RUVtH, CI. RK DADE COUNTY, FL
Subject to restrictions, reservations and easements of cord,
if any, and taxes subsequent to 1995.
This Ccrective Warranty Dead is made, executed, and delis red,
to correct a tYpographieal error in the first name cji the
first grantee o that certain Warranty Deed from GRANTOR to
ORANTEE8, dated June 24,1996, recorded June 24, 1996 u der
Clerk's File No. 96R275569 , in Official Record Bock 17 49 at
Page 2047 Of the public Records of Dads County, Floame f r a, so
that the record will reflect that the correct nthe
first GRANTEE is Myer Feldman. Documentary Stamps ha been
affixed to the criginal.Waranty Deed.
and the GRANTOR does hereby fully warrant the title to said load,
and will defend the same against lawful claims of all p rsons
whomsoever.
In Witst oe Whereof, the GRANTOR has hereunto eat its hand a seal
the da d year first above written.
signs Baled elivered Najual Brothers Inc.,
in 9 =s}J"a � a Florida corporation �
Byt Beal)
Pr n e Natalia Calderoni, Pr s.itl6At
Witness (�k12r f t. owl, ote P.O. Addreaa 3M Pone de
Leon Blvd. Cora Gables, FT 3313g' L�
•--- (Corporatt.8ai1:X
rinteme ; r
8d Nat
Witness
STATE' of Florida
coBNTY of Dade
The fore eiz9 instrument was acknowledged before me th a Z_
day of _ , 1996 by natalia Cal aron ,
Prr lent of Na u�3"�rot .ere, ono., a Florida Corporatijon, on
bet•_f of the corporation. She is personally known to me for has
produced her Florida driver's licence as identification.
This document prepared by: printed Names
Raquel Masse, ltaq, commission No. M
2W3 Ponce de Leon Blvd., 9ulto E5o
Coral Gabiee, R. 33134
Rpa oeo� av ,rca�suw "NVYl�lwaNA
stOW , NOTARY WSUC STATE OF ?JDA
RVFY aoft COMMMOON No. Vol
HA�*
HA RVFY P.u,rcov,Ir Y COMMUMN EXP, A 19" y
97- 769�`5_
Nd YNYC ly!^, n,
117WED 1u:27 FAX 305 448 8:01
AIN OFFICE
I*�.,.,n.
At
r * m m mt+x 01-4139-001-2700
Qmmm +1 mm
tsars h 'm'b
Warranty Deed ,
96R2756 it 1996 JUN 24 15,52
HARYEV Rt�VIAtO LERIfSbA E WUNTr�.K
Thla IAdemUm, MAde Win r;°( dey of dune,19 9 6 Az..
Najual Brothers, Inc., a corporation existing under the la of
the.atate of Florida
w*9*vatyat Dade , stwot Florida , sntor, god
Ad
Meyer Feldman and rienne Jlxaht, husbatld •and wife.
.*mGd&m* 380 Barbour view Drive, Rap Biscayne, Florida'
ottbatb,mtyer Dade , soot Florida , m.
Wltnesseth that ms OAIit.mv, tm aad is mmmtdatmdoa of the suet at — — — — - - - — • — — — - —
Tax iN01100010.00)--- - - - - -- Doutnv,
sad other send wd rgbrabk eematdgal3oa >a GRANTO & W hoed p*d by t7AANTTt2rl. the tmestpt Wh mdt$ beagby red. bag
S mamd. baWWM god gold to tm aW GRATr M sad cAAtt =l Min and m 4m h mw. tco ftuamm ued, *were,
iytaagadamL�lateeCoBatyat bads Mamw kl0rdda tomdc
Lots 100 and 101, block S, of MARX BRICRELLIS TMAGLER ADDI ION,
according to the Plat thereof, as recorded in plat Zook 5 tt
Page 44, of the Public Records of Dade County, Florida. l
subject to restriction, reservations and easements of
if any, and taxes subsequent to 1995.
.Y AWN
CPWAWttoaw+
mad th. pinata: tatty .meaat the me to ab Wd, cod a w Wo d t0a ram m asmtnat WWN ewm► of d pmmtmam
zta
1n w sum
anotmm at bet hood gad 04 ft M A" rM
Stgaad, a
Valual Brothers, xne.: i
c a, `,4'c, -4 : `•
A'
_
?ri:a Nemec d[
Natalia Caldvrcni, Pre
5i p
no.�eam.t �roaseeeLmnsw.,ea+i
1jsu�.
Prifted
Witness
ST.4TS OF Florida
(Corporate
Gal)
COUMN OF Dade
Tam ftmptat ldgouaw oa, aelAcw&epod Wax me this 2,� nay o< June,
2996 by
Natalia Calderonle president
of Nejual Brothers, Inc.,
a floxida
Cmpmnetea,
CA e4W.0 of Ott m0s9otmdos Sb& U petgeoaUy known re ma or tun prafumd bat Y1oz da iv ' ie
road."ee_ioa
ials Dxmaseat ?reposed H}t
Voftd Names
^_bo Dalelaa0LFKftAW irUz=
L+mtaa Omtei. #110'19L1D 6
b4aw.�.»
97 - 769
E
LI
Background
Experience
Education
Registration
Professional Affiliations
P V A K f H S
& W 1 L L
With eighteen years of experience as an
architect, Mr. Gelabert-Navia is respon-
sible for design and quality control of the
services provided by Pcrkins & Will,
Miami. Mr- Gelaben-Navia has been
involved in a variety of projects, including
museums, academic buildings, and
corporate and residential work. Most
recently he completed the North Miami
North Miami Museum of Contemporary
An*
North Miami, Florida
Dade County Public Schools"
South Hialeah Elementary
Hialeah, Florida
University of Miami
School of Education*
Coral Gables, Florida
University of Miami
School of Communications -
Coral Gables, Florida
Archdiocese of Miami*
St. Agatha Catholic Church
Miami, Florida
Cornell University
Master of Fine Arts
Bachelor of Architecture
Florida, 1983
Univcr,�ity of Miami, Associate Professor,
Former Dcan
American Institute of Architccts, Member,
.Former Vicc-President
Florida Trust for Hi%ronc Preservation.
Trustee
Jose A. Gelabert-Navin, AIA
Principal in -charge
Museum of Contemporary Art. He has
been a Professor of Architecture and a
former Dean of the School of Architecture
at the University of Miami. Prior to
joining Perkins & Will, Mr. Gelabcrt-
Navia was a partner at Gelaben-Navta
Architects. a firm established in 1952,
with an extensive project experience in
Florida. Latin America and the Caribbean.
Archdiocese of Miami*
Youth Center and Converts
Miami, Florida
State Attorney Office -
Civic Center Plaza
Miami, Florida
Perez-Gurri Group"
Plastic Surgery Center
Miami, Florida
Orbay-Cerrato Group*
Orthopedic Surgery Centcr
Coral Gables, Florida
Archdiocese of Miami*
St. Peter and Paul Church
Miami, Florida
* denotes -individual experience
Universidad Central
Caracas. Venezuela
Diploma de Arquitecto
Miami Beach Joint Design and Historic
Preservation Board
Coral Gables Board of Architects
City of Miami Board.of Historic Preservation
ullb- 1IT"t�.d nto ails pt,ut`�i.iC
Re
I'f-'c0rd��a� i��Conmection with
or? 16=11:nr
Oily Clerk
97 769