HomeMy WebLinkAboutR-95-0140J-95-3(b)
12/16/94
RESOLUTION NO. 9 5- 140
A RESOLUTION REVERSING THE DECISION OF THE
ZONING BOARD THEREBY DENYING A SPECIAL
i EXCEPTION FROM ORDINANCE NO. 11000, AS
! AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 6, SECTION 609, SD-9
BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT,
SUBSECTION 609.5, CONDITIONAL PRINCIPAL USES,
TO ALLOW A CAR WASH FOR THE PROPERTY LOCATED
AT 7291 BISCAYNE BOULEVARD, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) ZONED
C- 1 RESTRICTED COMMERCIAL SD-9 BISCAYNE
BOULEVARD NORTH OVERLAY -DISTRICT, PER PLANS
ON FILE.
I
WHEREAS, the Miami Zoning Board at its meeting of
November 21, 1994, Item No. 2, duly adopted Resolution ZB 122-94
by a six to two (6-2) vote, granting a Special Exception, subject
to conditions, as hereinafter set forth; and
WHEREAS, an appeal has been taken to the City Commission by
a neighbor from the grant of the Special Exception; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that the application for a special exception
does not meet the applicable requirements of Zoning Ordinance
No. 11000, and deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to deny
the Special Exception and to reverse the decision of the Zoning
Board;
,CITY COdyzwsroN
MEETING OF.
FEB 0 9 1995
Resolution No.
95- 140
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 6,
Section 609, SD-9 Biscayne Boulevard North Overlay District,
Subsection 609.5, Conditional Principal Uses, to allow a car wash
for the property located at 7291 Biscayne Boulevard, Miami,
Florida, more particularly described as Lots 1 and 2, Block 7,
BELLE MEADE OF MIAMI, SECTION 1, as recorded in Plat Book 39 at
Page 12 of the Public Records of Dade County, Florida, zoned C-1
Restricted Commercial SD-9 Biscayne Boulevard North Overlay
District, per plans on file, is hereby reversed and the Special
Exception is hereby denied.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of February , 1995.
S EPHEN P. C RK, MAYOR,
ATT S
MATTY HIRAI
CITY CLERK
95- 140
-2-
A
PREPARED AND APPROVED BY:
Ub.k^
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QU NN O
�1
CITY ATT EY
GMM/ms/le4 805
-3-
95- 140
ZONING FACT SHEET
PZn 27
LOCATION/LEGAL 7291 Biscayne Boulevard
Lots 1 and 2, Block 7, BELLE MEADE OF MIAMI, SEC. 1 (39-12) PROC.
APPLICANT/OWNER Francisco Saldana & Delia Varela
7820 Embassy Blvd.
Miramar, Florida 33023
987-5117
ZONING C-1 Restricted Commercial (SD-9 Biscayne Boulevard North Overlay District).
REQUEST Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Article 6, Section 609, SD-9 Biscayne Boulevard North Overlay
District, Subsection 609.5, Conditional Principal Uses, to allow a car wash; zoned
C-1 Restricted Commercial (SD-9 Biscayne Boulevard North Overlay District).
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION D.O.T. permit required.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A ,
Ticketing Action: N/A
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
ANALYSIS The purpose of this Special Exception is to allow a new car wash facility which includes a
beauty salon. This application also includes a request for approval of the required Class II
Special Permit for the beauty salon use, and a request for approval of the required Class I
Special Permit for backing into an alley. Approximately three years ago, the City, the members
of the Bayside Homeowners Associations and residents of the area, conducted a study in order to
create a new Special District (SD-9) to prohibit the establishment of certain businesses that
do not add to the visual qualities of the neighborhood and detract from positive development in
the North Biscayne Boulevard area. The Planning, Building and Zoning Department is recommending
denial of this petition as presented, finding that the two proposed uses, the car wash and the
beauty parlor, will not upgrade the visual qualities of the Boulevard, are not consistent with
the uses planned for the area and will deter these planned future uses from locating in the
area; further finding that the uses and design, as proposed, will have adverse effects on
adjoining and nearby properties.
ZONING BOARD Granted for twelve (12) months in which a bldg. permit must be obtained.
APPELLANT Ulrich Michel
CITY COMMISSION
95- 140
- ^A-PT1u 1eUMAFS) 94- 326 Page 1 November 21, 1994
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SENT BY:
1- 9-95 12:27
s d,
Ms. Teresita Fernandez
Chief of Hearing Boards
City of Miami
275 NW 2nd Avenue
Miami, FL 33128 -
LAW DEPT.
December 1, 1994
Ulrich Michel
577 NB 73rd Street
Miami, FL 33138
(305) 757-6853
Re: 7291 Biscayne Boulevard
Lots 1 and 2, Block 7, Belle Meade of Miami, Sec. 1 (39-12)
PRDC.
''. Dear Ms. Fernandez: --
I would like to formally appeal to the City. Commission, the
decision by the Miami Zoning Board on November 21, 1994 (App. No:
94- 326) to approve a Special Exception as listed in Ordinance No.
11000 and amended in the SD-9 Biscayne Boulevard North Overlay
District for the purpose of allowing a hand car wash at the subject
property.
I received from the City's Building and Zoning Department a
notice to owners who reside within 375 feet of the property that
the request for a Special Exception would be heard by the Zoning
Board. My position remains in agreement with the staff
recommendation that evening for denial.
Approximately three years ago Northeast residents united in a
grassroots movement and created through City Commission approval,
a new Special District (SD-9) to prohibit the establishment of
certain business that do not add to the visual qualities of the
neighborhood nor detract from positive development along Biscayne
Boulevard's Business area. The two proposed uses, the car wash and
beauty parlor, will not enhance the appearance of the Boulevard,
nor will this use encourage future planned development in the area.
The Zoning Board should not have approved a proposed use that is
not consistent with those planned Por the area and which will have
adverse effects on nearby properties.
Please advise me if I there is any additional information I
must present to finalize my request for an appeal. Additionally,
please let me know when the appeal will be scheduled to be heard by
the City Commission.
Sincerely,
Ulrich Michel
cc: City Staff and NET
el
..nn163fl`Ht:i;n`-Z'� �tdt�llti�
95--i40
Mr. Gary M. Carman offered the following Resolution
and moved its adoption.
(RESOLUTION ZB 122-94
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 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 6,
SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT, SUBSECTION 609.5, CONDITIONAL PRINCIPAL USES,
TO ALLOW A CAR WASH AT 7291 BISCAYNE BOULEVARD MORE
PARTICULARLY DESCRIBED AS LOTS 1 AND 2, BLOCK 7, BELLE
MEADE OF MIAMI SECTION 1 SUBDIVISION (39-12) PUBLIC
RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL
(SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT). THIS
SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A
TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTJINED.
Upon being seconded by Mr. Henry Crespo
the motion was passed and adopted by the following vote:
AYES: Messers. Carman, Crespo, Barket, Luaces,
Moran-Ribeaux and Sands.
NAPES: Mses. Basila and Morales.
ABSENT: Mrs. Hernandez and Mr. Milian.
Ms. Fernandez: Motion carries 6-2.
November 21, 1994 Item# 2
Zoning Board
95- 140
ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION
I that' the request on agenda item ?+ be (denied)
ted 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's findings of fact, or
b) as demonstrated by the petitioner, or
c) on the basis of the following:
-----------------------------------------------------------------
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:
1305.1 Ingress and Earess.
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 Loading
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 Refuse 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 Sians and liahtin
Due 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.
95- -141
1305.5 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 and nearby
property and the character of the area.
1305.6 Drainage
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.
1305.7 Preservation of natural features.
Due consideration shall be given to provision for the
preservation of existing vegetation and geological features
whenever possible.
1305.8 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 adjoining 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, landscaping, 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.
Ad
S OatuI
Date y5— 140
T � OT
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, Ac'%sco EAU
&tthereby' apply to the City of Miami Zoning Board for
approval of a Special Exception for property located at D� � I
Nature of Proposed Use (Be specific) ctt,)Cj Qt2 L<)Q 4n��
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.
2. Four copies of: the site plan showing (as required) property boundaries,
existing (if any) and proposed structure(s), parking, landscaping
etc; building elevations and dimensions and- computations of tot area
and .building spacing.
3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to application).
4. Certified list of owners of real estate within a 375-toot radius of the
outside boundaries of property covered by the application.
S. At least two photographs that showy the entire property (land and improve-
; merle).
6. Other (Specify)
I. Fee of = to apply toward the cost of processing: _._.._ pp y o "g9 5— 140
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 62-61)
Signature Act '
Owner or Authorized Agent
Naae :tr �-}/Lc�`.,S C �����iSt�t_.�1 Pal i �a.►f.��.P4/ril.
AddressTcr
Phone ly 1 / r7
STATE OF FLORIDA)
SS:
COUNTY OF OADE )
1 RQMrs�+r) too n1A , being duly sworn, deposes and says that he is the
(Owner)(Authorized Agent of Owner) of the real property described in answer to question i1
that he has read the foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner.
(Naaie) .
SWORN TO AND SUBSCRIBED
before as this .2k__ day of
pz . , MI..
My Commission Expires:
XiELENA VAZQUEZ
c'Ta� JgTATJ OF FLORIDA
PU3l. my C07rm Etp5/3/96
�-" COMM N3,R CC198230
Notary Public, 19tite Florida at Large
95- 140
Special Exception ......I ................... $650.00
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 62-61)
Signaturey%,{,
Owner or Authorized Agent
Name be I i A �.�:r� F.1 A
Address
Phone 5 7
STATE OF FLORIDA)
SS:
COUNTY OF DADE
J_. c 1 a 1 A being duly sworn, deposes and says that he is the
,LQoAc).(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 complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this 2f0 day of
199�.
My Commission Expires:
ELENA-VAZQUEZ
@STAFO-F�QRIDA
IAyCm cxp /3/
coMM >va1 cctya23
(Nan)
Q• ,
Notary Public, Sta! F1 ida at Large
. :95- �40 15
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
f7P4Q0ISCy `1>6 000 JA , 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 act in their behalf for the change or modifica-
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 names, 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 Affiant sayeth not.
(SEAL)
(NM)
Sworn to and Subscribed before me
this ?_„L day of 150b6A d 19,05
EI t
Notary Public, to Florida 'VA VAZQUEZ
)F FLORIDA
95- 140
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
i
t Before me, the undersigned authority, this day personally appeared
i
I)+ 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 Mimi, 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 act in their behalf for the change or modifica=
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 names, sailing addresses, phone numbers and legal descriptions
for tie 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 Affiant sayeth not. '
(SEAL)
(Name)
Sworn to and Subscribed before me
this 76 day of
ELENA► VAZOUEZ
UQQ �,FLORIDA
NotaryPublic. So lorida Cjmr c.mm
;xv5^ 3/,96
95- 140
OWNER'S LIST
Owner's Name I i A
li8fling Address z/.�
Telephone Number (_ -� c 55
Legal Description:
Owner's Name �� Ait c. �; C r. i4�r�i�4� ��
Mailing Address 1151 V CeJC �/�4 ,3
Telephone Number �-��: cT `7 — ��� 17
nz:
Legal Description:
Owner's Nape
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severalty (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
i
Street Address Legal Description
I
Street Address Legal Description
Street Address Legal Description . ti95- •140
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
L a i I a�Jcy 2, /'N .E K. �/ JT- Lc�_- f I e rb e I h-P-1 r� U e 7 I Ji J I
l h e P lcq �, ter,$ �-�-� a S l � c oA Je L�
PU C eCC, /Z de a- L 9 cou&/ rq .76 x
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.
b0clo (Ownership)
hell Vgge �� � C/
o
(Ownership)
3. Legal description and street address of any real property (a) owned by any party 11A
listed in answer to question 02, and (b) located within 375 feet of the subject 3 a v.
real property. /Jd 4P1; e c A) bi e cl t
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF DADE �}
IZQI?ChCp A`t MO • ,being duly sworn, deposes and says that he is the
(Owner (Attorney for Owner) of the real property described in answer to question 01,
above;'that he has read the foregoing answers and that the sm are true and complete:
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership fare on behalf of the owner. '
SWORN TO AND SUBSCRIBED
before me this 2_,
day of O'1914
' ' a M)1 MISSION EXPIRkSGGtENA1 VAZQUEZ
@f%n\JU,
STATJ 0�F QRIDA
uy Co rok /3/96
NqR M198230
�_��L _�J- (SEAL)
(Nm)
Notarf Public, S a e it Florida at Large
95- 144
Iq
DISCLOSURE OF OWNERSHIP
1. Legal description
hnd street address of subject property:
meal
t /
I I Z / f'/C '� ? L
/�C C ore
�.(,zk'
?—
�.
�a i �J; s �y,
U�.,
,al
.r 6
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9e19 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
panties, together with their ad�drees)se and proportionate interest.
�Jv �V (Ownership)
+9 p &)L� SC ) SAlG,4AI Lo U)O (Ownership)
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.
AlC, '4 fad; c C't/+�dl e
fa- \ia [2, t-1 f�-
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF DADE }
being duly sworn, deposes and says that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question 01,
I MT, ---Oat he 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. '
L7' (SEAL)
(N+M)
SWORN TO AND SUBSCRIBED
before me this 1
day of!` lx;--i�192.4
Notary Public, S oloFlorida at Large
DNr, COMISSION,R"AR:VAZQUEZ 95 - 140
CLiuTia*tc
STA� OFFLORIDAMy Comm Erp5/3/96
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11/13/1994 22:44 301 6740A1a
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Board of Ulracton;
Brian Geenty
president
tel: 7$ 14063
Pax: 751.8030
Heikki Totvitie
Vice president
tel: 754.4134
fax;754.4134
Claire Topper
Seeretary
Carol Sao Tippins
Treasurer
Asa Carlton
Member at large
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Nowinber 14, 1994
T _�,_,, asp R. 02
SUILDINu SERVICE, PAGE ;,:
SHORECPtEST
omeowners' Association, Inc.
P.O. Box 380204 Miami, FL 33238-0204
Mrs. Aw Gelabert•Sanchez
NET Administrtltvr
Upper Past Side NET t3$ica
6599 Bi iceyne Boulevard
Miami. Florida 33138
Re; MieGtgi Zoning Board
November 21, 1994 Meeting
Dear Alta
The residents of Shorccrest and our neighbors to the north below Miami Shores
strongly oppose any regwsts for a zoning variance in The Vpper East Side of Miami at
this irate.
Becatttse we will be funded for a Master Plan for the am, it doesn't n Aka
sense to grant variances at this time, Let's first decide what is to be done in the area
and then: if neoessary, entertain changes.
Please pass along this letter to the Miami Zoning Board and express our
concern.
As alwa)%..—My Thanks,
Brian F, Geenty
Pcesidsm
95- 140 ,2,/
0 :0arII \rI
November 4, 1994
Ms. Ana Gelabert-Sanchez
NET Administrator
Upper East Side NET Office
6599 Biscayne Boulevard
Miami..FL 3138
RE: SUBJECT PROPERTY LOCATED AT 7295 72ND STREET
Dear Ana:
The Board of Directors of the Bayside Residents Association
strongly opposes any request for a special exception for the use
at 7295 72nd-Street and Biscayne Boulevard. As you are aware,
approximately three years ago the residents of the Bayside
Community spearheaded an amendment to the SD-9 zoning regulations
that were currently in place along the Boulevard. This amendment
limited the establishment of certain businesses that did not
upgrade the visual qualities of the neighborhood, encourage
specific -and positive development, or assure appropriate uses
within the Biscayne Boulevard North Overlay District. The
purposed plans for the subject site do not meet this criteria.
Bayside has always supported strong zoning enforcement. Now
that the City of Miami has allocated $25,O00 to fund a Master
Plan for the Upper East Side, our position becomes more adamant.
We are against granting any variances or special exceptions for
business uses while determinations are in process regarding
future development along the corridor fronting our neighborhood.
.Therefore, we ask the Planning and Advisory Board to support
it's own ordinance and uphold the limiting uses as defined in the
Zoning Amendment to the SD-9 Overlay.
Sincerely,
-
Er estine Stevens. Past President
Bayside Residents Association
cc: Manny Lamazares, President, BRA 95- 140
BRA -Board of Directors.
The Federation of Miami's UES Homeowner Associations, Inc.
BA1Yt0E RESIDENTS ASSOCIATION, INC.