HomeMy WebLinkAboutR-96-0930J-96-493 (a)
6/25/96 9 9 3 0
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING
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, CONDITIONAL PRINCIPAL USES, TO
PERMIT A CONVERSION OF A 16 UNIT APARTMENT
BUILDING TO A ROOMING/LODGING HOUSE
CONTAINING 16 LODGING UNITS FOR THE PROPERTY
LOCATED AT 3201 AVIATION AVENUE, MIAMI,
FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO:
(1) A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED; AND
(2) THE CONDITIONS SET FORTH ON EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF.
WHEREAS, the Miami Zoning Board at its meeting of
May 6, 1996, Item No. 1, duly adopted Resolution No. ZB 47-96 by
an eight to one (8-1) vote, granting a special exception as
hereinafter set forth; and
WHEREAS, an appeal has been taken to the City Commission by
a neighbor, Robert V. Fitzsimmons, from the granting of the
special exception; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that the application for a special exception
does 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
ATTACHMENT (5)
CONTAINED
CITY COMMISSION
MEETING OF
DEC 1 2 1996
ResQ1uti
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inhabitants to affirm the Zoning Board and grant the Special
Exception;
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 grant 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, Conditional
Principal Uses, to permit a conversion of a sixteen (16) unit
apartment building to a rooming/lodging house containing sixteen
(16) lodging units for the property located at 3201 Aviation
Avenue, Miami, Florida, more particularly described as Lots 22,
23, 24, 25 and 26, Block 38, AMENDED PLAT OF NEW BISCAYNE, as
recorded in Plat Book B, at Page 16, of the Public Records of
Dade County, Florida, zoned R-3 Multifamily Medium -Density
Residential, per plans on file, is hereby affirmed and the
special exception is hereby granted, subject to: (1) a time
limitation of twelve months in which a building permit must be
obtained; and (2) the conditions set forth on Exhibit "All
attached hereto and made a part hereof.
Section 3. This Resolution shall become effective
immediately upon its adoption.
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PASSED AND ADOPTED this 12th day of December 1996.
TT-EP: JO��LLO, MAYOR
AST
WALTER A.PeENhN
CITY CLERK
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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CITYWATF13Y
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CONDITIONS
for the use and operation of a rooming/lodging house
at 3201 Aviation Avenue, Coconut Grove
1. The existing landscape plan shall be enhanced, as
described at the Urban Development Review Board
meeting, to provide a more substantial amount of
mature, tropical (native species) plant materials; said
landscape plan shall be subject to the review and
approval of the Director of the Department of Community
Planning and Revitalization.
2. The existing parking area shall be repaved and striped
to match the original parking area configuration for
the subject property, and such improvements shall be
subject to the review and approval of the Director of
the Department of Community Planning and
Revitalization.
3. The existing unenclosed trash area shall be properly
enclosed, as depicted in the revised plans, so as to
screen the dumpster from street view while allowing for
sufficient area for the dumpster to be serviced, and
this improvement shall be subject to the review and
approval of the Director of the Department of Community
Planning and Revitalization.
4. The building shall be repainted, as presented at the
meeting of the Urban Development Review Board, in order
to enhance its appearance; said painting shall be
subject to the review and approval of the Director of
the Department of Community Planning and
Revitalization.
5. There shall be no exterior illumination on the
Tigertail and Aviation Avenue sides of the property
beyond that which exists at the time of the granting of
the Special Exception
6. Signage on the property shall be limited to one
identification sign, which shall not be illuminated,
shall be no larger than 24 inches by 36 inches, and
shall be subject to the review and approval of the
Director of the Department of Community Planning and
Revitalization.
EXHIBIT A
Page 1 of 2
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7. The appearance of the structure shall remain
residential, as determined by the Director of the
Department of Community Planning and Revitalization.
8. The structure shall be maintained in such a manner as
to allow its future conversion back to apartment use.
9. The property owner or manager shall reside on the
property and shall be available to residents on a daily
basis.
10. The sale of alcohol shall not be permitted on the
premises.
11. Food service shall be limited to rooming/lodging house
residents, and shall be limited to breakfast only with
no lunch or dinner service.
12. No receptions, private parties or activities other than
lodging of guests shall be permitted.
13. No food preparation or equipment shall be allowed in
any rooming/lodging house unit.
14. The owner/manager shall maintain a current guest
register.
15. The first unit available for conversion from apartment
use to rooming/lodging use shall be turned into an
office for the rooming/lodging house.
16. A dining room for service of breakfast to the residents
of the rooming/lodging house shall be provided on the
premises before any units are available for the use.
17. No conversion from apartment use to rooming/lodging use
shall occur until all improvements required by this
list of conditions are completed and approved by the
Director of the Department of Community Planning and
Revitalization.
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EXHIBIT A
Page 2 of 2
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ZONING FACT SHEET
1
LOCATION/LEGAL
3201 Aviation Avenue
(Complete legal description with the Office of Hearing
Boards).
APPLICANT/OWNER
Daniel & Brigitte Kavanaugh
2964 Aviation Avenue
Miami, Florida 33133
445-5252
ZONING
R-3 Multifamily Medium -Density Residential
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,
Conditional Principal Uses, to permit a conversion of
a sixteen (16)
unit apartment
building to a rooming/lodging house containing sixteen
(16) lodging
units; zoned R-3
Multifamily Medium -Density Residential.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval with conditions.
PUBLIC WORKS No comments.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: Unauthorized disposal of waste materials consisting of industrial and bulky waste or
other waste material.
Ticketing Action: CT9519412 - Complied on 11/7/95.
Affidavit of Non -Compliance' issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: N/A
HISTORY Continued from Zoning Board Hearing of April 22, 1996, due to a short board.
ANALYSIS Please see attached.
ZONING BOARD Granted for twelve (12) months in which a bldg permit crust be obtained
& subject to conditions.
APPELLANT Robert V. Fitzsimmons, Es
CITY COMMISSION Continued from CC: If1/96.
APPLICATION NUMBER 95- 452 Page 1 May 6, 1996
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ANALYSIS FOR SPECIAL EXCEPTION
3201 Aviation Avenue
CASE NO: 95-452
The requested Special Exception is for the purpose of allowing an existing sixteen (16) unit apartment
building to convert to a rooming/lodging house containing sixteen (16) lodging units within an R-3
medium density residential district.
In determining the compatibility and appropriateness of the proposed use the following findings have
been made:
• It is found that the proposed lodging house is appropriate for the Coconut Grove area; and moreover, it
is found that the specific location of the subject property, given its proximity to the Center Grove
Commercial District and the Convention Center, is appropriate for the proposed use.
• It is found that the existing landscaping on the subject property is inadequate for the proposed use due
to the higher volume of tourist activity related to said use; it is very important for facilities which cater
to tourists to portray the image of the location in which they operate; Coconut Grove is known for its
lush, tropical landscaping; the landscape plan for this project should therefore be enhanced along its
perimeter to depict a more appropriate setting.
• It is found that the existing parking configuration which allows for vehicles to back up directly on to
Tigertail Avenue is hazardous and does not conform to the existing regulations pertaining to vehicle
maneuvers; this situation can be remedied by repaving and striping the parking area to conform to the
original building permit in which a more suitable parking arrangement which accommodated back-up
on the property, was originally approved.
• It is found that the general appearance of the building also needs to be enhanced in order for it to serve
its role as a tourist facility within the Coconut Grove area; a new coat of paint and some general
maintenance needs to be done.
• It is found that the existing unenclosed trash area is completely inappropriate for the proposed use; an
appropriately screened dumpster with adequate access for servicing should be provided,
In addition to the review of the proposed use, this project was referred to the Urban Development Review
Board for additional recommendations as they relate to design issues. At that time the applicant presented
a more complete design scheme than was presented to staff; said plans included enhancements to the
building by way of paint and additional landscape. The Board recommended approval of the project.
Based on these findings, the Department of Community Planning and Revitalization is
recommending approval of the proposed bed and breakfast use on the subject property with the
following conditions:
1. The existing landscape plan be enhanced, as described at the UDRB meeting, to provide a more
substantial amount of mature, tropical (native species) plant materials; said landscape plan shall be
subject to the review and approval of the Director of the Department of Community Planning and
Revitalization.
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2. The existing parking area shall be repaved and striped to match the original parking area configuration
for the subject property.
3. The existing unenclosed trash area shall be properly enclosed, as depicted in the revised plans, so as to
screen the dumpster from street view while allowing for sufficient area for the dumpster to be serviced.
4. The building shall be repainted, as presented to the UDRB, in order to enhance its appearance.
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RESTRICTIVE CONDITIONS
to be incorporated into
the granting of a Special Exception
for the operation of a Bed & Breakfast
at 3201 Aviation Avenue, Coconut Grove
Conditions Recommended
by Planning Department
The existing landscape plan be enhanced, as described at
the UDRB meeting, to provide a more substantial• amount
of mature, tropical (native species) plant materials;
said landscape plan shall be subject to the review and
approval of the Director of the Department of Community
Planning and Revitalization. (Planning Dept.)
The existing parking area shall be repaved and striped
to match the original parking area configuration for the
subject property (Planning Dept.)
The existing unenclosed trash area shall be properly
enclosed, as depicted in the revised plans, so as to
screen the dumpster from street view while allowing for
sufficient area for the dumpster to be serviced.
(Planning Dept.)
The building shall be repainted, as presented to the
UDRB, in order to enhance its appearance. (Planning
Dept.)
Conditions Recommended
by Applicant
There shall be no exterior illumination on the Tigertail
and Aviation Avenue sides of the property beyond that
which —exists at the time of the granting of the Special
Exception. (Applicant)
The property shall be limited to one sign identifying it
as a Bed & Breakfast. This sign shall not be
illuminated, and it shall be no larger than 24 inches by
36 inches. (Applicant)
The appearance of the structure shall remain residential.
(Applicant)
8. The structure shall be retained in a manner to allow
conversion back to apartment use. (Applicant)
9. The property owner or manager must reside on property and
be available on a daily basis. (Applicant)
10. The sale of alcohol shall not be permitted on premises.
(Applicant)
11. Food service shall be limited to B & B residents, and
shall be limited to breakfast only with no lunch or
dinner service. (Applicant)
12. No receptions, private parties or activities other than
dodging of guests shall be permitted. (Applicant)
13. No food preparation or equipment shall be allowed in any
B & B sleeping room. (Applicant)
14. The owner/manager shall maintain a current guest
register. (Applicant)
15. First available unit for conversion shall be turned into
an office.
16. Dining room shall be implemented before and, units are
available for the bed and breakfast use.
17. No conversion shall be made until all improvements that
are part of this list of conditions are carried out.
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ROBERT V. FITZSIMMONS, P.A.
Attorney at Law
3250 Mary Street, Suite 404
Coconut Grove, Florida 33173
(305) 856-4181
(FAX) 441-9422
May 20,1996
Ms. Teresita Fernandez
city of Miami
300 South Biscayne Boulevard
Suite 400
Miami, Florida 33131
Re: 3201 Aviation Avenue Special Exception
App. No. 95-452
Zoning Board Hearing Date 5/6/96
Dear Ms. Fernandez:
Be accept this letter as notice of my appeal of the decision of
the zoning board in the above referenced matter..
The basis of this appeal is the failure to meet the intent of the
zoning code regarding special exceptions. A special exception
requires special and intensive review. This item was considered
as a bed and breakfast, a use that is not defined by the zoning
ordinance. The presentation of the issue as a permitted use not
defined by the zoning code is a misrepresentation and has caused
confusion on the issue. The staff comments that a bed and
breakfast use is appropriate. The issue should have been is a
boarding house an appropriate use of the facility. The staff
recommendation notes the inadequate physical appearance of the
property as a bed and breakfast and inadequate parking. Adequate
plans were not available to review this application. Nor have
the plans supplied demonstrate sufficient protection to the
surrounding single family neighborhood.
The proposed use as a "boarding house", as defined by the zoning
code, as granted, does not provide adequate protection for the
surrounding single family neighborhood. Staff recognizes that a,'
typical bed and breakfast provides for the owners to live on
site. This is totally different that having an owner/resident
manager live on site. A facility that only requires an resident
manager is a boarding house. For the above reasons, the
application should have been denied.
Very truly yours,
Robert V. Fitzsimmons
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Mr. George Barket
and moved its adoption.
offered the following Resolution
RESOLUTION ZB 47-96
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE NO. 11000. THE ZONING BOARD GRANTED 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,
CONDITIONAL PRINCIPAL USES, TO PERMIT A CONVERSION OF A
SIXTEEN (16) UNIT APARTMENT BUILDING TO A ROOMING/LODGING
HOUSE CONTAINING tIXTEEN (16) LODGING UNITS FOR THE
PROPERTY LOCATED AT 3201 AVIATION AVENUE LEGALLY
DESCRIBED AS LOTS 22,23,24,25 AND 26, BLOCK 38, AMENDED
PLAT OF NEW BISCAYNE (B-16), OF THE PUBLIC RECORDS OF
DADE COUNTY; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS
ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS
SUBJECT TO THE CONDITIONS RECOMMENDED BY THE DEPARTMENT
OF COMMUNITY PLANNING AND REVITALIZATION, THE CONDITIONS
RECOMMENDED BY THE APPLICANT AND ADDITIONAL CONDITIONS
NUMBERS 15, 16 & 17 HEREBY ATTACHED.
Upon being seconded by Ms. Ileana Hernandez
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Barket, Carman, Crespo, Luaces &
Moran-Ribeaux
'AYES: Mr. Goldstein
ABSENT: Mr. Gibbs
Ms. Fernandez: Motion carries 8-1.
May 6, 1996
Zoning Board
Item# 1
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RESTRICTIVE CONDITIONS
to be incorporated into
the granting of a Special Exception
for the operation of a Bed & Breakfast
at 3201 Aviation Avenue, Coconut Grove
conditions Recommended
by Planning Department
1. The existing landscape plan be enhanced, as described at
the UDRB meeting, to provide a more substantial amount
of 'mature, tropical (native species) plant materials;
said landscape plan shall be subject to the review and
approval of the Director of the Department of Community
Planning and Revitalization, (Planning Dept.)
2. The existing parking area shall be repaved and striped
to match the original parking area configuration for the
subject property (Planning Dept.)
3. The existing unenclosed trash area shall be properly
enclosed, as depicted in the revised plans, so as to
screen the dumpster from street view while allowing for
sufficient area for the dumpster to be serviced.
(Planning Dept.)
4. The building shall be repainted, as presented to the
UDRB, in order to enhance its appearance. (Planning
Dept.)
Conditions Recommended
by Applicant
5. There shall be no exterior illumination on the Tigertail
and Aviation Avenue sides of the property beyond that
which exists at the time of the granting of the Special
Exception. (Applicant)
6. The property shall be limited to one sign identifying it
as a Bed & Breakfast. This sign shall not be
illuminated, and it shall be no larger than 24 inches by
36 inches. (Applicant)
7. The appearance of the structure shall remain residential.
(Applicant)
96-93
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8. The structure shall be retained in a manner to allow
conversion back to apartment use. (Applicant)
9. The property owner or manager must reside on property and
be available on a daily basis. (Applicant)
10. The sale of alcohol shall not be permitted on premises.
(Applicant)
11. Food service shall be limited to B & B residents, and
shall be limited to breakfast .Anly with no lunch or
dinner service. (Applicant)
12. No receptions, private parties or activities other than
lodging of guests shall be permitted. (Applicant)
13. No -food preparation or equipment shall be allowed in any
B & B sleeping room. (Applicant)
14. The owner/manager shall maintain a current guest
register. (Applicant)
15. First available unit for conversion shall be turned into
an office.
16. Dining room shall be implemented before an%7 units are
available for the bed and breakfast•use.
17. No conversion shall be made until all improvements that
are part of this list of conditions are carried out.
9 930
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ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION
I move that the request on agenda item _� be (denied)
(granted) in that' the requirements of Section 2305 (were) (were
not) satisfied by relevant evidence 'in the record of the public
hearing.
a) as Stated in the City-3 findings of fact, or
Ob�l as demonstrated by the petitioner, or
c) on the basis of the followings
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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 2305, (have) (have
not) been met.
Circle appropriate conditions:
1301.1 ingress and Raross.
Due consideration shall be given to adequacy 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 Parkin and Loadina
Due consideration shall be given to offstreet parking and
loading facilities as related to adjacent streets,- with
particular reference to automotive and pedestrian safety and
convenience, internal traffic flow and control, arrangement in
relation to access in case of fire or other emergency, and
screening and. landscaping.
1305.3 Refuses and service areas.
Due consideration shall be given to the location, scale,
design, and screening of refuse and service areas to the manner
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.
1305.4 Signs and lighting
--- Due consideration shall be given to the number, size,
character, location and orientation of proposed signs, 4.nd of
proposed lighting for signs and promises, with particular
reference to traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
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1303.5 Utilities.
Due consideration shall be given to utilities required,
with particular reference to availability and capacity of
systems, location of connections, and potentially adverse
appearance or other adverse effects on adjoining apd nearby
property and the character of the area.
1305.6 Drainave
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. where major
drainage volumes appear likely and capacity of available systems
is found marginal or inadequate, consideration shall be given to
possibilities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other remedial
measures.
1303.7 Preservation of natural features.
Due consideration shall be given to provision for the
preservation of existing vegetation and geological features
whenever possible.
1303.8 Control of potentially adverse effects generally.
in addition to consideration of detailed elements
indicated above, as appropriate to the particular class or kind
of special permit and the circumstances of the particular case,
due consideration shall be given to potentially adverse effects
generally on adjoininq and nearby properties, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, scale or manner
of operation. where such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in the particular circumstances of the case,
including screening or buffering, landscapinq, control of manner
or hours of operation, alteration of use of such space, or such
other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of
nearby property•
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Dat—a'v_
Item
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APPLICATION FOR SPECIAL 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 Special
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 Department
of Planning, building and Zoning for his recommendations and the
director shall make any further referrals required by these
regulations.
I, Daniel A.Kavanayglereby- apply to the City of Miami Zoning board for
approval of a Special Exception for property located at 3201 Aviation Avenue
Nature of Proposed Use (go specific) BED & BREAKFAST (BOARDING HOUSE) -
See attached letter of Acting.Zoning Administrator, 11115195
In support of, this application, the following material is submitted:
X . 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 showing (as required) property boundaries,
existing (if any) and proposed structurt(s),, parking, landscaping
etc; building elevations and dimensions VA- computations of lot area
MW building spacing.
X 3. Affidavits disclosirg ownership of property covered by application and
disclosure of interest foam (attach to application).
4. Certified list of owners of real estate within a 315-foot radius of the
outside boundaries of property covered by the application.
X S. At.least two photographs that shay the entire property (land and improve-
010
, X S. Other (Specify) RENDERING
X 7. Fee of 3 1� Oto apply toward the cost of processing:
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Special Exception .......................... S650.00
Surcharge equal to applicable fee from item above,
not to exceed six hundred and fifty dollars ($650)
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 Codc • Section 62-41)
Signature '1- tt .►� 'r�
Ownlar or Authorized ent
Nape DANIEL A. KAVANanj:Fl
Address 2964 AVIATION AVE. , MIAMI, FL 33133
pp,one 445-5252
STATE OF FLORIDA)
SS:
COUNTY OF DADE ) --
DANIEL A. KAVANAUGH , being duly sworn, deposes and says that he is the
(Owner)(Authorized Agent of Owner) of the real property described in answer to question 11
above; that he has read the foregoing answers and that the same are true and coeplete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner. • •� 1
(NMO) DANIEL A. KAVANAUGH
SVOFM TO AND =0180
before oe this e1_5day of
November
My Commission Expires:
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Notary Public. Sta—W-5-f Florida at large
116-930
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Special Exception .......................... S650.00
Surcharge equal to applicable fee from item above,
not to exceed six hundred and fifty dollars ($650)
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 62-41)
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�Signature {.�b
Owner or Authorized Agent
Neese Brigitte C. Kavanaugh
Address 2964 Aviation avenue
Phone 445-5252
STATE OF FLORIDA)
SS:
COUNTY OF DADS ) -
Br.igrtte :C. Kavanaugh being duly sworn, deposes and says that he is the
(owner)(Authorized Agent of Owner) of the real property described in answer to question it
above; that he has' read the foregoing answers and that the same are tree and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner.
�` l^
(Name)
SWORN TO AND SUSMIM
before sae this 2. 2 day of
Dec.
Notary polic, State of Florida at Large
My Coseission Expires:
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AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
DANIEL A. KAVANAUGH, who being by me first duly sworn, upon oath, deposes
and says:
I. 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 him to aS in their behalf for the change or modifica-
tion of a classification or regulation of zoning a set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current name, mailing addresses, phone numbers and legal descriptions
for the the real property of width 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 Affiant sayeth not.
� csU
(im I EL A. • KA V NA UGH
i Sworn to and Subscribed before me..
is15day of 1ombqr19_,Q5 ;� = L
J' = ;; mac: : itT�= �,: F'
-xp.
Notary Public, State of Florida at large
( .. 9 3
AFFIDAVIT
STATE OF FLORIDA )
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Brigitte C. Kavanaug,hwho 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 Mimi, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and wade a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for his to &Min their behalf for the change or sodifica-
Lion 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 napes, wiling addresses, phone numers and legal descriptions
for the the real property of which he is the owner or legal representative.
6. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not. '
j'1-(SEAQ
(milli)
Sworn to and Subscribed before se.
is 2 2 day of D er;14 9 5
Notary Public, State of Florida at Large
t
OWNER'S LIST
Owner's Name DANIEL
A. KAVANAUGH
& BRIGITTE
C. KAVANAUGH, Husband and Wife
Mailing Address 2964
Aviation Ave., Miami,
FL 33133
Telephone Nuaber 4 4 5- 5 2 5 2
Legal Description: Lot
22, 23, 24,
25 and 26,
Block 38, Amended Plat of
New Biscayne,
Plat Book .B
Page 16,
Public Records of Dade County,
Florida
Owner's Naas
Mailing Address
Telephone Number
Legal Description:
Owner's Nam
Mailing Address
Telephone Nuaber
Legal Description:
Any other real estate property oswed individually, jointly, or severally (by corporation,
partnership or privately)..within 375 feet of the subject site is listed as follows:
Street Address legal Description
None
Street Address
Street Address
legat Description
Legal Oescripticn
s✓:I � 4«7 v,�
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 22, 23, 24, 25 and 26, Block 38, Amended Plat of New Biscayne,
Plat Book B, Page 16, Public Records of Dade County, Florida.
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 prt%entation, 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.
Daniel A. Kavanaugh & Brigitte C. Kavanaugh, Husband & Wife - 1007.
L 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
Owme OR Armmo FOR owe
STATE OF FLORIDA } SS:
COUWff OF OAOE }
Daniel A. Kavanaugh , being duly sworn, deposal aM says that he is the
(9wner) (Attorney for Owner) of the real property described in answer to question il,
above; that he has read the foregoing answers and that the sm are true VA template;
and (if acting as attorney for anew) that he has authority to execute the Disclosure
of Ownership fora on behalf* of the
rA (SEAL)
{Neale)
SWORN TO ANO S1111SCRI810
before me this ,_� 5
day of No vie m,k r 19,2•5
Notary Pudic. State of Florida at Large
S AU
Mi C0g1ISSIOM EXi1RtS: �FFCIA — NNX
ALtt..�
tdGTPRY PULL i 5rAr-- a� AFL
ORIT7A
Chia:^f<i:3-JN 1`:�. ^eC,{_17,1nM lyre 41J:'i:i'l�i: %+C;N FXP• lYlt��i .1%.1777
u
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 22, 23, 24, 25 and 26, Block 38, Amended Plat of New Biscayne,
Plat Book B, Page 16, Public Records of Dade County, Florida.
2. Owner(s) of subject real property and percentage of ownership. dote: City of Miami
Ordinance tie. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect. in the subject utter 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.
Daniel A. Kavanaugh & Brigitte C. Kavanaugh, Husband & Wife — 100%
L Legal description and street address of easy real property (a) owed by any party
listed in answer to question f2. and (b) located within 375 feet of the subject
real property.
None
OWW 02 ATMANV FMOWNER
STATE OF FLORIDA } SS:
COUNTY OF DADS }
Brigitte C. Kavanaugh g g belaaD duly sworn, deposes and :agts that he is the
(Qwater) (Attorney for Omrwer) of the real property described in ansmer to question ti,
above; that he has rearm the forevoinq ansmers and that the same are true and e"Itte;
and (if actinq as attorney for oaaer) that he has authority to execute the Disclosure
of Ownership form on behalf'of the Owner.
� A
4
SilORN TO AND SUIURIM
before aye this .22
day of Dec 129
MY COMISSION EXPIM.,
Notary Pudic, State of Fl
OFFtIC!•IAL h TAaY Sh-AL
NOTARY PUKiC c5l' ATS OF FLORIDA
MYCONIIMISSICNEXF.MA 37,1999
at Lane
96
C-NRLOS F. 9MITH
A«i,tant City .'tanager
Daniel A. Kavanaugh
2964 Aviation Avenue
Coconut Grove, FL 33133
f.ff
November 15, 1995
3241 Aviation Avenue
CEi 1R H. 00!()
Cov Man.t•drr
Dear Mr. Kavanaugh:
Pursuant to your letter dated November 6, 1995, concerning the above mentioned
property, please be advised of the following.
The current zoning designation of the site is R-3 , (Multifamily Medium Density
Residential).
The R-3 zoning designation allows a boarding house (bed and breakfast)
as a
conditional principal use, by Special Exception only.
Under our present zoning ordinance, there is no definition of a bed and breakfast
establishment. However, there is a definition for a similar use, which
is a
boarding house, which the zoning code defines as the following.
"A boarding house is an establishment where meals
are regularly prepared and served for, compensation
for five (5) -or more persons, and where most of the
food is placed upon the table family style, without
service or ordering of individual portions from a
menu. Boarding houses may also provide lodgings for
compensation".
Furthermore, under the same section that provides definitions in the zoning
code,
rooming houses are considered the same as boarding houses, therefore, the
same
regulations apply.
For your benefit, I am enclosing a copy of the R-3 zoning regulations,
and a
copy of the definition of boarding house.
DEPARTNtENT OF BUILDING & ZONING
273,14 W, :nd Sue-t P.U. di )\ ; ,07 8 MIA%il, FL 53.131-iVoBJi 305) 579-b800
- -" •rot 4s .
aetum to: property Appraiser's
N DANTEL. A. KAVANAfIOR , Parcel Identification No.
01-4122-001-
A 2964 Aviation Ave.
This instrument was prepared by:
Name Daniel A. Kavanaugh
Address 204 Aviation Ave, "fcoaopo
Miami, Fl, 33133 ++ccio�FR'"n�r•h't�Iftloaae�
Cle,k of 0. L
uit
CranteeSS.No. Daniel A- Kavanaugh 265-42-7530 Cook
Grantee SS. No. B4wlgitte C, Kavanaugh 592-20-5258
l5ypace above this
Line for recording data.l
WARRANTY �1J 1 DEED (STATUTORY FORM — SECTION 689.OZ PS.)
This Indenture, made this 7th day of March t9 9D Between
Daniel A. Kavanaugh, a married man
of the County of Dade , State of Florida grantee, and
Daniel A, Kavanauyggh and Brigitte C. Kavanaugh; Husband and Wife, as
whose post office addressiP-9.64 Aviation Ave, tenants by the entirety.
of the County of Dade Miami, Fl 33133 ate of Florida , grantee•,
Witnesseth that said grantor, for and in consideration of the sum of
Ten- ----------------------------------------------- Dollars,
and other good and valuable considerations to said grantor in hand paid by said grantee, fire meipiw6eievTu hereby
acknowledged, has granted bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following
described land, situate. lying and being in County, Florida, to -wit:
Lota 22, 23, 24, 25, and•26, Block 36, AMENDED PLATL OF NEW BISCAYNE,
according to the. Plat thereof, recorded in Plat Book "B", at Page 16
of the Public Records of Dade County, Florida, together with improveme
thereon.,
Cocumentary Slomps Collected $ 0'�-
S D.y� SUP.TAX Dec. Stamps Collected
Gass "C" Intangible Tax Collected 3
Clerk, Dade County, Fla.
By w ('o...� d z�- �- 4� oC
and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all
persons whomsaever. y
"'Grantee and "grantee" are used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence: t`
. (seal)
(? �� DANTEL�.KA�VANA H
(Seal)
(Seal)
(Seal)
sTATs OF FLORIDA
COUNTY OF DADE
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally sppearecl
DANTEL A. KAVANAUGH
to me known to be the person(s) described in and who executed the foregoing instrument and acknowledget lxfcre n -that
_-he executed the same.
WITNESS my hand and official seal In the County and State last aforesaid this
0 rl4 day of MAit -$be
My commission expires:
,
'
win? nut IT6TI W ilamJ<
Notary public
to eolatssrod frr min 30.1tro0
W-761-= OW tiros seetsai lss. use.
0
Daniel Kavanaugh
November 15, 1995
Page 2 of 2
If further zoning information is required on this matter, please contact our zoning
information counter at 350-7960.
Very truly yours,
1
an C. Gonzalez, Ac
Zoning Administrator,
JCG: tc "
cc: Lourdes Slazyk, Deputy Director
Department of Community Planning and
Revitalization '
fil
Zoning e
Central file
12
of
CARLOS F. SMITH H 3
Assistant City Manager o Mill Ott"'tilt
c
Daniel A. Kavanaugh
2964 Aviation Avenue
Coconut Grove, FL 33133
Dear Mr. Kavanaugh:
November 15, 1996
3201 Aviation Avenue
CESAR H. ODIO
City Manager
Pursuant to your letter dated November 6, 1995, concerning the above mentioned
property, please be advised of the following.
The current zoning designation of the site is R-3 (Multifamily Medium Density
Residential).
The R-3 zoning designation allows a boarding house (bed and breakfast) as a
conditional principal use, by Special Exception only.
Under our present zoning ordinance, there is no definition of a bed and breakfast
establishment. However, there is a definition for a similar use, which is a
boarding house, which the zoning code defines as the following.
"A boarding house is an establishment where meals
are regularly prepared and served for compensation
for five (5) or more persons, and where most of the
food is placed upon the table family style, without
service or ordering of individual portions from a
menu. Boarding houses may also provide lodgings for
compensation".
Furthermore, under the same section that provides definitions in the zoning code,
rooming houses are considered the same as boarding houses, therefore, the same
regulations apply.
For your benefit, 1 am enclosing a copy of the R-3 zoning regulations, and a
copy of the definition of boarding house.
DEPARTMENT OF BUILDING & ZONING
275 N.W. 2nd Street /P.O. BOX 330708/MIAM(, FL 33233.0708A305) 579-6800
96-93®
SO -
Daniel Kavanaugh
November 15, 1995
Page 2 of 2
If further zoning information is required on this matter, please contact our zoning
information counter at 350-7960.
Very truly yours,
an C. Gonzalez, Ac
Zoning Administrator
JCG: tc
cc: Lourdes Slazyk, Deputy Director
Department of Community Planning and
Revitalization
Zoning file
Central file
DANIEL A. KAVANAUGH
2964 Aviation Avenue
Coconut Grove, FL 33133
May 22, 1996
Robert Fitzsimmons, Esquire
3250 Mary Street, Suite 404
Coconut Grove, FL 33173
Dear Bob:
I have received notice from the City of your appeal of the
Zoning Board's decision regarding the Bed & Breakfast at 3201
Aviation Avenue.
Since we are both located in Coconut Grove, could we meet for
a short time at either your office or mine this coming Tuesday
(28th) or Wednesday (29th) at about 6:00 P.M. to discuss the issues
involved in the appeal.
Thank you.
DA/as
ncerely yours,
DANIEL A. KAVANAU H
��MAE� � �
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ACROSS AVIATION AVENUE - FRONT
L �Riq{
r '
fWTV
r
NEXT DOOR - EAST
r
I
Coconut Grove
CHAMBER OF COMMERCE
December 4, 1995
Mr. Dan Kavanaugh
2964 Aviation Avenue
Coconut Grove, Florida 33133
Dear Dan:
Thank you again for reviewing your proposal for a first ever legitimate Bed and Breakfast
here in the Grove at our November Board Meeting.
As the Chamber receives many inquiries as to the availability of the type of accommodations
in the Grove, we share your belief that there is a demand and a need for such a facility. We
totally support your efforts to provide it.
Best of luck and please let us know if there is any other way we can be of assistance.
Yours truly,
Allen Sweeny
I
AS/ef '
i
t
f
I
r
4
c 30
2820 McFARLANE ROAD - COCONUT GROVE, FLORIDA 33133 • 305-444-7270 - Fax: 305-444-2498
I % �' '--- ff-il
•PLAYHOUSE
April 16, 1996
Daniel A. Kavanaugh
2964 Aviation Avenue
Coconut Grove, Florida 33133
Dear Mr. Kavanaugh:
The Coconut Grove Playhouse always has difficulty finding suitable, nearby housing for visiting
actors and actresses performing at the Playhouse. We feel that the establishment of a Bed and
Breakfast at 3201 Aviation Avenue in Coconut Grove could be a big help for the Playhouse.
Sincerely,
Terri Schermer
Company Manager
3500 Main Highway . Miami Florida 33133.(305) 442-2662
Fa,:unil"
(305)444-6437
;l .�'ut-Fur-f'ar(it lt(Itr' 171<<rt,:1 "I F1nnd,+ •:1rlit 11j )Lllrbn,ur. 1' udwur,4;lurstir DirecGu
�6Q'930
TERRE EV.)
INC.
2601 S. BAYSHORE DR. PH• 18, COCONL? GROVE, FL 33133
PHONE (305) 856-3200 / FAX- (305) 856.8190
November 14, 1995
Daniel A. Kavanaugh, Esq.
Grove Place, 3rd Floor
2964 Aviation Avenue
Miami, Coconut Grove, Florida 33133
Dear Dan:.
Thank you for your letter of November 3rd. I think that having a
Key West type of Bed and Breakfast on your property at 3201
Aviation Avenue is a great idea.
Good luck with your project.
Best r rds,
Manuel D. a ina
President
MDM:tpc
Norman Leathers
2541 Tigertail Avenue
Coconut Grove, FL 33133
Daniel C. Kavanaugh
2964 Aviation Avenue
Coconut Grove, FL 33133
Dear Dan:
We have lived on Tigertail Avenue, across the street from the
apartment building property you own at 3201 Aviation Avenue, for
close to 20 years, and we are in favor of your proposal to use the
property as a Bed & Breakfast.
Sincerely yours,
..' � /� ,-el, "0���-'«'i�
NORMAN LEATHERS
0
David Villano
2453 Inagua Avenue
Coconut Grove, Florida 33133
(305) 856-6112
April 17, 1996
Mr. Dan Kavanaugh
2964 Aviation Ave.
Coconut Grove, FL 33133
Dear Dan:
I live in the North Grove (Grove Park Homeowners' neighborhood), a few
blocks off Tigertail at 2453 Inagua Ave. I think your idea of coverting your nearby
apartment building to a bed and breakfast is a great idea that will enhance the
value and ambiance of nearby properties. You have my full support for your
project.
incerel ,
avid Villano
r
Coconut Grove Bed & Breakfast
Have met and discussed the Bed & Breakfast proposal with the
following:
Immediate Neighbors:
Leah Black - 2561 Tigertail Avenue
Norman and Margaretta Leathers - 2541 Tigertail Avenue
Richard Lind - 2551 Tigertail Avenue
Cynthia Mize - 2550 Tigertail Avenue
Fred Griffin (telephone) - 2545 Tigertail Avenue
Terremark Ofc. Bldg. (") - 2601 S. Bayshore Drive
Civic Groups:
Coconut Grove Civic Club
Tigertail Homeowners Association
Coconut Grove Chamber of Commerce
Grove Park Homeowners Association
Coconut Grove Village Council
City of Miami Departments:
Planning Department
Building & Zoning Department
Public Works Department
Coconut Grove NET Office
Urban Design Review Board
r
RESTRICTIVE CONDITIONS
to be incorporated into
the granting of a Special Exception
for the operation of a Bed & Breakfast
at 3201 Aviation Avenue, Coconut Grove
Conditions Recommended
by Planning Department
1. The existing landscape plan be enhanced, as described at
the UDRB meeting, to provide a more substantial amount
of mature, tropical (native species) plant materials;
said landscape plan shall be subject to the review and
approval of the Director of the Department of Community
Planning and Revitalization. (Planning Dept.)
2. The existing parking area shall be repaved and striped
to match the original parking area configuration for the
subject property (Planning Dept.)
3. The existing unenclosed trash area shall be properly
enclosed, as depicted in the revised plans, so as to
screen the dumpster from street view while allowing for
sufficient area for the dumpster to be serviced.
(Planning Dept.)
4. The building shall be repainted, as presented to the
UDRB, in order to enhance its appearance. (Planning
Dept.)
Conditions Recommended
by Applicant
5. There shall be no exterior illumination on the Tigertail
and Aviation Avenue sides of the property beyond that
which exists at the time of the granting of the Special
Exception. (Applicant)
6. The property shall be limited to one sign identifying it
as a Bed & Breakfast. This sign shall not be
illuminated, and it shall be no larger than 24 inches by
36 inches. (Applicant)
7. The appearance of the structure shall remain residential.
(Applicant)
� 6 — V .
r
8. The structure shall be retained in a manner to allow
conversion back to apartment use. (Applicant)
9. The property owner or manager must reside on property and
be available on a daily basis. (Applicant)
10. The sale of alcohol shall not be permitted on premises.
(Applicant)
11. Food service shall be limited to B & B residents, and
shall be limited to breakfast only with no lunch or
dinner service. (Applicant)
12. No receptions, private parties or activities other than
lodging of guests shall be permitted. (Applicant)
13. No food preparation or equipment shall be allowed in any
B & B sleeping room. (Applicant)
14. The owner/manager shall maintain a current guest
register. (Applicant)
6.930 `.