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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 A� .J ILI 3w_ .j_ _ Ia<� ��oil=ir�a O .� amai i n cam, `ram' y .. M I K � I I I a a I IM . ! IAloge 11111 "C'mePAN wig _ �44A ri 7R LSPf�awaweTf� n.�.� Z IrKD to 'A 1 •, i. �4r4hj '` � +Je �J(� ,� �l• •"� F' M t .: A ,+lit:' .'ya'r;.>♦4 R a r r t ■ _ � - ' • .i' ' i t iidrrr j _�r"�" rt"r'�'trrrr, :i� "S' �� � , .'+ ` M•• ' { �'. � Ys�,yr«i . L �,C fr�'+� .,# L'd'• .,i�-1 -xirr x-SIVM; , � �' � w �r ,`+ ^t: y r .�• r t s i+r. 4�i Ss �, i�rJ� r "t': S 7 + � 7T. t- Im t �.. ^� � 'r .v !iA! ► r , ?� a+: 1�e � �` arc {{ %r,..:gr �` K. �. °it y r F 1- 3 i; •r ke -Ilmy'rr f i 1411r.•a.. -S4`i►� a�..'n'. � � tt t,��.. IY�y ; tr, �. A:A j!.� �" t' .r,� �S' � xt xK:.�� - �` • o MI 4U 1,61 � > w K �1> {, '' . • . ! ' . ,yam ., R` '« fR+f . R. Y parr i'. ,4/• tJ • �1 ck 48. 10 )�.�.� . }C �'':. .. � •aiS•'1r. �L . w ;� r ,5,.' ad`* !.� .r, r Rr it i it '� � A../ � _ fi � � , ���t �� . �iy��+y i �• •t '. iii n t t �y +t•''•i?,li ',..t� . ,t� yywv� t rrSs•+: �� � ,� �p .6 •t► Ali 3���+��: � ) ` !! , •`.•�� . � � t �� ,tl. ."?1F 11.�wR• ! v"r' j�. r+�cyJ^, .fir"?.. , .� �'�: w.. tl.,. M � B � r �: � � '' � ♦ � F, Jar �'c5z� d" � . , + t . t � ' '- � t 1� �{r✓ , mow' r j* - r 7 t(.•1 rl4M � ..__ ; : 'as .� � ��i,y�'Y'1��,'•".'Yr v lr r.J r d � f t'e •` ""� A rig RgbM+!• �.. Y • r .:1 * • • �'. t, Y a`r. � , ,� ..r . +�` y�}. ., r'"ff ,tz' 9 '3,+���yy11• •. R.u'+ {,r�`��`� La' ..F �C.v�.•t� �it�Ift � t iFi , '• �t .�' r L i �' ,•Y � � .� ! of ; tt.. •�,.. t iXr�',. , ?"� '. J r 1 t Sr t 1 • ii r.' � +rtl r rY . - C/. k f �^ o 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 ��"� I vmp rrlap�'Jn 11-14-1991 Via: ^Ah1 11/13/1994 22:44 301 6740A1a 1"4 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 F*#Vw low 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.