HomeMy WebLinkAboutR-95-0829J-95-922 (a)
11/16/95
95- 829
RESOLUTION NO. _
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING
THE DECISION OF THE ZONING BOARD TO GRANT A
SPECIAL EXCEPTION FROM THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9,
SECTION 931.2, REQUIREMENTS FOR RESERVOIR
SPACES, APPLYING GENERALLY, SUBSECTION
931.2(d), DRIVE -THROUGH WINDOW FACILITIES FOR
EATING AND DRINKING ESTABLISHMENTS, TO ALLOW
A DRIVE -THROUGH WINDOW FACILITY FOR AN EATING
AND DRINKING ESTABLISHMENT WITH A REDUCTION
OF RESERVOIR SPACES, AS FOLLOWS: REQUIRED:
8 SPACES BEFORE THE SERVICE WINDOW, 1 SPACE
AT THE SERVICE WINDOW AND 1 SPACE AFTER THE
SERVICE WINDOW/PROPOSED: 3 SPACES BEFORE THE
SERVICE WINDOW, 1 SPACE AT THE SERVICE WINDOW
AND 1 SPACE AFTER THE SERVICE WINDOW FOR THE
PROPERTY LOCATED AT 4141 WEST FLAGLER STREET,
MIAMI, FLORIDA; ZONED C-1 RESTRICTED
COMMERCIAL, PER PLANS ON FILE, SUBJECT TO THE
CONDITIONS AS SET FORTH ON EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF.
WHEREAS, the Miami Zoning Board at its meeting of October 2,
1995, Item No. 5, duly adopted Resolution No. ZB-103-95 by a
eight to zero (8-0) vote, granting a special exception as
hereinafter set forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the special exception as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that the application for a special exception
ATTACHMENT (S)I
CONTAINED
CITY C01,CKISSION
MEEYINC; OF
Resolution No.
meets the applicable requirements of Zoning Ordinance No. 11000,
as amended, and deems it advisable and in the best interest of
the general welfare of the City of Miami and its inhabitants to
approve the special exception and to affirm the decision of the
Zoning Board;
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 9,
Section 931.2, Requirements for reservoir spaces, applying
generally; Subsection 931.2(d), Drive -through window
facilities for eating and drinking establishments, to allow a
drive -through window facility for an eating and drinking
establishment with a reduction of the reservoir spaces as
follows: required: eight (S) spaces before the service
window, one (1) space at the service window and one (1) space
after the service window/Proposed: three (3) spaces before
the service window, one (1) space at the service window and
one (1) space after the service window for the property
located at 4141 West Flagler Street, Miami, Florida, legally
described as Lots 19, 20, 21 and 22, Block 2, less the West
20 feet thereof for street purposes of TWELFTH STREET MANOR,
- 2 -
THIRD SECTION SUBDIVISION, as recorded in Plat Book 6, at
Page 162, of the Public Records of Dade County, Florida, zoned
C-1 Restricted Commercial, per plans on file, subject to the
conditions /aset forth on Exhibit "A" attached hereto and made a
part hereof, is hereby affirmed and the Special Exception is
hereby granted.
Section 3. This Resolution shall become effective
i
immediately upon its adoption.
PASSED AND ADOPTED this 16th of _November 1995.
STEPAN P. CLARK, MAYOR
ATTEST :
r L`C
C
WALTER J .0 'MAN
CITY CLER
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A QUXVN J E , III
CITY A/FTO
W394:GMM:amk
_3_,
95-- 829
CONDITIONS REQUIRED FOR SPECIAL EXCEPTION
FOR THE PROPERTY LOCATED AT
4141 WEST FLAGLER STREET, MIAMI, FLORIDA
1. The restaurant shall maintain both drive through
windows open during peak hours of restaurant
operation (12 noon to 1:30 p.m.);
2. If necessary, a facility employee shall be made
available to assist with traffic monitoring for
the 12:30 to 1:00 P.M. peak traffic period;
3. A time limitation of twelve (12) months in which a
building permit must be obtained.
ZONING FACT SHEET PZ=3
LOCATION/LEGAL 4141 West Flagler Street.
(Complete legal description with the Hearing Boards Division).
APPLICANT/OWNER Omar Edward Balik Burger King Corp. (leasee)
1220 Lugo Avenue 17777 Old Cutler Road
Coral Gables, Florida Miami, Florida 33157
661-3722
ZONING C-1 Restricted Commercial.
REQUEST Special Exception requiring City Commission approval, as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section
931.2 Requirements for reservoir spaces, to allow a drive-thru establishment with a
reduction of the reservoir spaces. Required: eight (8) spaces before the service
window, one (1) space at the service window and one (1) space after the service
window. Proposed: three (3) spaces before the service window, one (1) space at the
service window and one (1) space after the service window for an eating and drinking
establishment; Zoned C-1 Restricted Commercial.
RECOMMENDATIONS:
PLANNING, BLDG R ZONING Approval with conditions.
PUBLIC WORKS No comments.
PLAT AND STREET N,'A.
BADE COUNTY TRANSPORTATION
ENFORCEMENT HISTOR), IF ANY C.E.E. Case No: N/A.
ViOlAtioliks) Cited: N,-A.
Ticketing, Acticmn N'A.
AffidaYit of issued on: N/A.
Total Fires Te 0,ite: 0
CERE Action: NI A.
Last Hearing Date: N/A. Found: X/A.
Daily Fine: $0.00 Lien Recorded On: N/a.
HISh?CY i I September 18, 1995, the 70n,jq 5cerd cr.anted a continuance to October Z, 1�':,.
AXALYSiS
Tie
is
i7 :-4__"
t2 .E`t.`w a
0,z 2-^2, =� '?= ==- = � '—�
-= `C
;r� 3_ ':`: s.
='!�Cia• __^as ;
.�i•�t�l _•:
. .lain'.
Z.. .. _ ..,
M.. ..1 ..�1. .1. .�Y:
..
-C�_�I_�3i: .. TiC
..�... _r.�. /C
.`,_.t
__ :cr .. _ ..r,.
-:.
_ ^G.. _�. « _
..r`_.7 :r
__ RdC_ 3,: ?'
_: ..._:
_� R':. ..�:-
�: 11c1.`.._7,c_
3rI'iL11ii'�i 73R:?L*
Lx► : �' 1iv 1061�4 70 1i1 lame _ �1c-�oe— Z, _!9E _S-Ow
Mr. Humberto Hernandez. offered the following Resolution
and mc;ed its adoption.
RESOLUTION ZB 103-95
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 9, SECTION 931.2, REQUIREMENTS FOR RESERVOIR
SPACES, TO ALLOW A DRIVE-THRU ESTABLISHMENT WITH A
REDUCTION OF THE RESERVOIR SPACES. REQUIRED: EIGHT(8)
SPACES BEFORE THE SERVICE WINDOW, ONE(1) SPACE AT THE
SERVICE WINDOW AND ONE(1) SPACE AFTER THE SERVICE WINDOW.
PROPOSED: THREE(3) SPACES BEFORE THE SERVICE WINDOW,
ONE(1) SPACE AT THE SERVICE WINDOW AND ONE(i) SPACE AFTER
THE SERVICE WINDOW FOR AN EATING AND DRINKING
ESTABLISHMENT LOCATED AT 4141 WEST FLAGLER STREET LEGALLY
DESCRIBED AS LOTS 19, 20, 21 AND 22, BLOCK 2, LESS THE
WEST 20 FEET THEREOF FOR STREET PURPOSES, OF TWELFTH
STREET MANOR, THIRD SECTION SUBDIVISION (6-162), OF THE
PUBLIC RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED
COMMERCIAL. 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 OF THE DEPARTMENT OF COMMUNITY
PLANNING AND REVITALIZATION.
Upon being seconded by Ms. Gloria Basila.
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Hernandez, Barket, Crespo,
Milian and Moran-Ribeaux.
NAYES: done.
ABSENT: Messrs. Carman and Luaces.
Ms. Fernandez: Motion carries 8-0.
October 2, 1995 Item# 5
Zoning Board
95- 829 2
4- ! •'I • 1 (�v G�— -� I1M:' _ �__...il:l"�_ _�--. ,I 'i a li
VI
•' )..� ' tl I •(�.�. r7�c..f�lr r, 1. 1• - N w _��,
ST
:I r td �) • , -4 of-� - _'�--r . 4 �" >
I1 • a _ „•P O1 _
�H PARK `•1 --
r A L J E A N •.. _ �.r r !-
JFi H I G H a R RACE' T— v --.�
a -
°
S C H 0 0 NBC 2 TRR71"t
Epp,,, • .rn, t, r, t. ,_K ,.
i K M A N
-- ({LE r,E•,' ja
,
t— —
tz
N w
--- kw --�I i - ,. 1 ,,,�,. z •j• 01 t
ae'i::'' I d EI < 0 9
•�• ��' M DI d 1'^ v to r 1 ;�•;j�.p;:;r;r ),
ER ST wEST
`r TT
_ --�
• �..., •,.., ' ti� ,GLE- S'RE_' '3 I 7 I , Q C , -r , lJ w u ,. , W ir• t�
�E EIJNE ROGu '.-� . 1 * ---- -1 •4 11 �.`
4� • ST , DOPERTY 'R 4'
c
c> w
�2� IT
) s� , i ire r r • i , o .°`
Gti
2
't ° • ' .t t I i g it L..'r �5 MIIi Irti�' g I° .�/:'(�\�. �•��
.6 I' r~ )
• •) a it, I�jy .11f ,r1 :,1` a (4 � , � r' _ " � .`
02,
\ tr IS L\
,STI+l [.I
t L• v , � _ 9 .� � v
w T
K_ J
•a ,1 ) r f, t'�)r• .t L:r "I � �� ^� rig �� �' °• i2 ° -� "I`'�-� Q f.
S PR m
rl , .-.-.--•�. • r �,r • 5 • 4 ` r�I ^' I. ✓, O A V 1 L L i r -'
' • , • 1 t �. / G 7 l 0 �� , I I _ i ) • ) I . Y , • I .�� ) y.,' 1 7 l r�. �T, ^ Q v !•
_ S w % S I
✓1
cT` w 7 • �1 l /� V
h N r.,.• I d���F�T y .YI t: �13 tt � 1„'
P�''
)4 'to",rtiy q 'R, e " ` 1`� �•y..,.. '`. ( t.,:�'........:. .';.t�"'y 'siR.•:'aj
f�Y r TF`�'J"i. `tr. 4'i"'
7�5 t g t R '4i. i ..b ! - i»6Ji�J� ,a.' }yi f� t .;tF •t. f f
'',`�xc� �C,�r a��, �: �$s • 2 t $ i c x �!� �•-,,,.t:,,"...., Ai��.. �:-. F' ,ti ; .*rt � - ti� �
vv t_ l'. ,i 'i`"* J •`.} 4rgr 't' Yt I
.�i �. ''ke:f "� { �.\X. � � '_� k h, 11 t}i' � i ''4 �. - •)�' I.�q ,,{n��`y,•y} 1. a5: #i.�
ft��qq"� G 1 �Uft,-titi4 e� c a^
r n..,...;.., ' 4... '' e � s ,:: .. 'La. 1 y p ,y, ...:i... �'a ♦ ve4� r ��' 3�t" �`k � .. � r s
I r� ,t - . , �"f`R' ��. , *�{+s /i l . �4 � � �� ��` "� ..�+r•'i1'.a. k•�4�i, J -. s' �i��rr�,�
7" ice'}. Lt+," F'7" S' �.... C ' • i- ' t � .� 1 - `[*! it' �" t `5:'� n.wr. T' �� � � i '.+ t" �, k t a
.p. T..�. �,� e a.5�,_r � Hq:� q. Y � t c`,�" �• .,�x}�gk4�.i t �'�'w�q ,:
of°�+,
_ � � c $ 1 . p' +Y ". M ;5, �t2 ° ..- • AS.'��k* �w7' i. ���• �! s'4 � 1:
74
• � r s ; 4 6Yrt" stwr- F�l• s � � $ , �$ati'y�" t ��-:, �' 1 � � � � 2i R
jk�.4 ' .. 'r �:a- �:' �' 1�M � .. { f ' - 4'"���' �'Y�1`� *•�4 a"�F' : s I�,� , =; i _ ��'i � i„ �. `'�S . j
`'"�'sF.+�� :tke 4 .- ,� ,r• ,.,�7.4'�' t'+t,.^��vn�`�ku:t•a� � +
It
ST t. 1 5^ , !'
�r .f^� -w>',{ !t •')'a' `-el ttb;t t'-+''3't:5� x. tlt,�si, r-s•'.�' t3 t• t'e i ^c'9 ijg� t,-t
.a*a .A ;`"`��`t } E �"�*`-" wn. '!$, t - .�r I ,"''.,.A-" 1 {'�'1•.'rai. i• _ + :'' `yaTy,�, i'r 1I. s4--+�^ r'�
Fxia`.sta
M - y f f 11 )i} y i• .-l�C. i,�+ i�
� _. '� .f 3 «t : p.. -R.: F.-gXe',tY`i'• t _ i.'� .�:. _ ._' �D!rr, , r K ... _. M,��S°r." + i
Yt.'
y.ye*mn5
'lF�`r f -i°},n �, �. 4 t '•�;'a• � �,,� � ;�i $'� .,'. i�. �'`c�..� . ie_aa � !, r + � `#�} f '' trt K��t� � t'
_ ci: t t •+" 0 { T"'f - ': Y:� 1 it `tit'. pY'''` 3
.'A'}I
`i,fi,#:... ' 2ta► t { ' 4, v ` � y.,�tw�)":
,'��' y -.. S� fat }_. �1...- f,�'- s �i ! . ,u•. •i �r -u x • 1
XC, �wret f 1 s �?r tfti . 8 Pit4` k� b�,? n f
t
# 1 1� ;' t. •` .� L.,Na ; {� i) � tf.,.�'�`v? ,�'$yY'., ��'•,-+4�'t� t •c5 �+.1 � �`sy t% t yy��.. Y= r'• 1'
r� y�w
��
�tY� f t r'ri 4Clt�c tr ida t''+ty �'if�"*'7'.j i't. C J[•Y r
SR� a.� t ' >• w T +stir, y, t 1;. r
�,,yr 9 -
WEST
FtA;<„�...
'# is • � t -" , r.9 -<. J ""'•':.,.y'I'�—�•^ s wex'
ejA
f"�>✓x�}.'t'" o+' t! j« ~� a b '� t - t f .4 � .�w"r n:....:... _.�...._..,.,_� - tom.
Y a� �Y :�:. 1 1.y� �y{� :<'-•usax: a'ktwi 1, k -
3
c ie;• a t l � � r .+3,ty , � P s F. � �'•Y�'�".. � F LIJ - 'N43
� Cf i '4iW` B,F -° + 4 y,t�d • ,_. � t�''
tf y {p'z,a`gff��,�.
i at '�- aJ�•S¢-0 t 1 7 s[ r S
xjj
} � �itr4 yy ��,a3 tn, ii 6• �� 8? y�� �, � t
rx
•#ft � 1 � J�1�#�� u ;�. ,p}�,,=t,� �ri .. P•i�t t��•�cje i�a.C, t
6 � }' f` � � t � F � c- � j��'.`�a�'N� 1 �t'`�i�'Ti� � j<4iS, • �°��.iiri .- +,"•�� � t id �'v "a i{ 4`a `t
y t'- _ 5�� r -� � '`r�%...may „:� �'F�S:r, ��t`_� t"' �j t: "`�� -.izt} sff:k1•�t1.��"'�4
"r''y ,• ' �l f• , � �. r• 1.-r " �ir'f� � ,. .. y, �}�r,F'�oitm.,. ���T �. � .u9 +� � �s �
t lr; ,y�it �r. k �'•. ....n "sue !.1a'�t .. W# _. t^ �'.")'r'"%1 C"1ryi`.€•rwf';
R
ot
ro
Ilk.
` >I � t.. it � . � � : *'w•: ..r .� ,�, � .�..:+�-n' . ro�'t`. .''�•- � �'�,��y�s'�'�' ��rl�'��'k3. � i � �_.
,_?. �;�'a .S�' 7f'v:'tit�'+'�•.r: �'S a Fi ,J�;.r Gaa3 'tlatt+ - :r1�."^
I
f
APPLICATION FOR SPECIAL EXCEPTION File Number
4i thin 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 rotentiaily adverse effi:cts. It is further
intended that the expertise and judgewt of the Zoning Board be
exercised in making such determinations, in accordance with the
rules, considerations and limitations relating to Spacial
Exceptions. (See article 16) r
ForssFal public notice and hearing is +aandatory for Spacial -
Exceptions. The Zoning Board shall be solely responsible for
deterwinations on applications for Special Exceptions. All
applications shall be referred to tha director of the A3partssent
of planning, Building and Zoning for his recomcndations and the
director shall make any further referrals rtquir•ed by these
regulations.
iK' , hereby ' apply to the city of MiWi Zoning Board for
approval of a Special Exception for prs4erty located at St, reet u1zxrLi
Florid
Nature of Proposed Use (Be specific)
In support of this
w licat4w ,
the following uterial is suteitted:
I 7W.0 coves of
d ,ur-r$y ^t
the .rr4 ;, y�oia €: �a a �t�t:
:f r"or'd+
it'91StBr�C �� S�r°v�lCr,
Z. Fce:rcaoias af:
:he site
.I&n s,�.�i�y '&a C�:lir�} .^v�*:y
bavrdari>as,
III sti if
wy t.
e S sLy s.^:m"P'.s}, :1rt'"
ltm$1-14tng
ttc: 'N.; q
0'4'Y3.I:'*!5
L:4 .'u !!IIN'..o V4 to : 3
:>' 10d arts
�S r '. .fir ;. i. �� �: .. ��-.-i.Q"� �'J `i �i �i :�:'b' 81�... y� .�G•I`J'a.i �ei:d'r� i! •s� .�;�- S29
�. �1•e :f S .� 7."C J :.'7 i w3: :f
Special Exception .......................... %650.00
Surcharge equal to applicable fee fron item above,
not to exceed six hundred and fifty dollars (5650)
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 (3I5) feet of the subject property.
(City Code - Section 62.61)
Signatu
or or Authorized Ag t J
Nan OMAR EDWARD BALIK
Address _1220 LUGO AVE CORAL (;ABT,'S FT•�
Phone 661-3722
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
OMAR EDWARD BALIK
, being duly sworn, deposes and says that he is the
Authorized Agent of Owner) of the real prope described in answer to question 11
Ear);
that he has read the foregoing answers that` the swe are true and complete;
and (if acting as agent for owner) that he ha authority to execute this ition on
behalf of the owner.
one)
SWORN TO AND SUBSCRI
before me thi*� day of
Notary Public, State of At Laege
My Comission Expims:
c: C-;_ ►A'r' � _.. a .:;g;1." cc 20 n
Bcgd d Te.v '.Gtdry P6w,L Undw*TtW3
95- 829•
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
OMAR EDWARD BALIK 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 Mimi, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and mM e a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for him to ac&_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 aril made a part of this affidavit
contain the current names, wiling addresses, phone nuaWri and legal descriptions
for the the real property of which he is tho omor or legal representative.
4. - The Bets es reprosenteA in tho application ad documents submitted
in conjunction with this affidavit arp_ true rid torrent.
Further Affiant soyeth t,
(SEAL)
`~ (Raw)
Sworn W a1w SL'scr,hed Wore
this'l,acplay of
Notary Public, Stato of flori a at Large
DE2FA L. DISPARANO
MY CC %V :: ;Ott H CC =72
EY,r-i:i_ "19 21, 19%
Bond%; T.i•:i ; rl y P6j::o uuwwath n
95— 829
/} 1
OWNER'S LIST
Owner' s Name 4gjf,1p
Mailing Address 1220 L V ( vi= r
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Descriptions
Owner's Mass
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legai Description
23 NW 42 AVENUE 12TH ST MANORS SEC 3 PB 6-162
MIAMI FLORIDA LOT 9 LESS W 20 FT ILK 2
Street Address Legal D cr•iptiofr
20 NW 41 AVENUE 12TH ST MANORS SEC 3 PB 6-162
MIAMI FLORIDA LOT 18 BLK 2
Street Address
Legal Description
M
95 - 829
W
DISCLOSURE OF OWNERSHIP
Legal description and street address of subject real property:
4141 West Flagler Str.eet.Lot 19 less the West 20 feet thereof,
Lot 20, Lot 21 and Lot 22, Block 2, TWELFTH STREET MANORS THIRD
SECTION, Plat Book 6 at Page 162 of the Public Records of Dade
County, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Mimi
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 Comission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest,
Burger King Corp. is a Florida corporation and is owned 100% by Grand
Metropolitan Public Limited Company which is a publicly traded London
company.
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.
None
OWNER OR ATTORNEY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF DADE I
L(X ;r;� g iY�C i r, , being duly sworn, deposes and says that he
is the (Please Print) (Ow Ar)'(Attorney for owner) of the real property described in
answer to.question 111 above; that he has read the foregoing answers and that the saw
are true and complete and (if acting as attoroty for owner) that he has authority to
execute the disclosure of Owership form on behalf of the owmr.
(SEAL)
Signature of OmQr or -Attu for Owner
SWORN TO AND SUBSCRIBED
beforo wee this
day of 19�45.
MY COMMISSION EXPIRES:
ADRTEI NE FRIESNER PARDO
Notary Public, Stcto of Florida at Large
OFFICIAL NOTARY TEA
CLARA TORRES
NOTARY PUBLIC STATE OF FIDRIDA
COMMISSION NO. CC2678M
MY COMMISSION EXP. APR. 10AW7
95- 829
1,5
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lot 19, less the West 20 feet thereof, Lot 20, Lot 21, and Lot 22, of Block 2, of
nqE: FI'li-STR,''l,'T-MANORS, THIRD SECTION,accordingto the Plat thereof, recorded in
Plat Book 6, at Page 162, of the Public Records of Dade County, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: City of roiami
Ordinance No. 9419 requires disclosure of all parties haying a financial interest,'
either direct or indirect, in the subject matter of a presentation, request or
petition to the City Coeasission. Accordingly, question 12 requires disclosure of
shcreb-ilders of corporitir,ns, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest. 1.00 d,il-
ULnRle"x J • 51; 14- 1q.Z85-2 c Aa 4c,6.05c M. 2g-s?
Y5i ,1-
A nn C ArZ1� i9.2?d27
,10,f 13nLi(1-14. -2s57
CDIA69 O /P.�C�� R6tV6s o)r pEC&oSe ra
3. Legal description and street address of any real property (a) ovined by any party
listed in answer to question 02, and (b) located within 313 feet of the subject
real property. Z N W' %- �%/�!
Z'-` ? 20 f-i 1X 2-
0 ER OR ATTORN F0A' NER
STATE OF FLORIDA } SS:
COUNTY OF DACE }
OMAR EDWARD BALIK , Ding duly sworn, deposes and says than he is the
(Owner) (Attorney for Owmr) of the reai property described in answer to question it,
above; that he has read the foregoing answers hat the sam are true and complete;
and (if acting a attorney for ower) that has au hority to execute the Disclosure
of Ownership fora on beihalf•of tho osier.
& (SEAL)
SWORN TO AND SUBSCRIBED
before as* this 501r'o(
day of "", I
P9Yl r E9U�IJEWSPARANO
Not" ftblic, State of Florida at ^ge
95- 829
TO:
FROM:
DATE:
SUBJECT:
�".. -lilt IN
Paul C'Tershen
Debra L. DiSparano (Ext. 77904)
May 31, 1995
BK #51 - 4141 West Flagler Street, Mianv, Florida
Paul, attached is a copy of the Warranty Deed and a Power of Attorney authorizing Omar Edward
Balik to act on behalf of the other fee owners until such time as the Trust Estate has been
distributed. The percentage of mmiership allocated to each fee owner is as follows:
OLDitICK J. BANK
- 14.2857%
ANN CARROLL
- 14,2857%
CHARLES BALIK JR.
- 14.2857%
JOE BALIK
- 14.2857%
OMAR EDWARD BAL,IK,. as personal representative James Balik, deceased
- 14.2857%
OMAR EDWARD BALIK
- 14.2857%
WILLIAM B. DUNCAN
- 7.1429%
BARBARA ANN DUNCAN
- 7.1429%
When I spoke with Miriam Meyer, I was not aware that the Power of Attorney was available as
Mr, Batik had not as yet returned my phone call and had indicated to BKC previously that he
would not consider providing BKC with a Power of Attorney when specifically requesting same
for permitting purposes during lease negotiations. Ms. Meyer's suggestion in order to
expeditiously process this application before Friday was to have the fee owners collectively
appoint a local attorney in "good standing" that could represent all of their interest; however, it
would require the attorney to execute the application in person on their behalf in addition to being
present at the Zoning Board Meeting. Hopefully the enclosed documentation will satisfy their
current requirements and we will be able to get this in before Friday. Please let me know the
outcome. If you have any questions or require any additional information I could be of assistance
with, please do not hesitate to call me.
Debbie.
95- 829 l�
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that OLDRICH JOSEPH BALIK, ANN
BALIK CARROLL, CHARLES BALIK, JR., JOE BALIK, OMAR EDWARD BALIK, as
Personal Representative of the Estate of JAMES BALIK, deceased, OMAR EDWARD
BALIK, WILLIAM B. DUNCAN, and BARBARA ANN DUNCAN, hereinafter collectively
called the "Principals", have made, constituted and appointed, and by these presents do make,
constitute and appoint OMAR EDWARD BALIK as the Principals' true and lawful attorney, for
itself, and in its name, place and stead, giving and granting unto said attorney, full power and
authority to do and perform all and every act and thing whatsoever required and necessary to be
done to facilitate, process and assist the alteration, construction, and remodeling of that certain
parcel of real property, together with all improvements thereon and the building situated thereon,
located at the northeast corner of LeJeune Road and West Flagler Street, Miami, Dade County,
Florida, and being more particularly described as follows, to -wit:
Lot 19, less the West 20 feet thereof, Lot 20, Lot 21 and Lot 22, of
Block 2, of TWELFTH -STREET -MANORS, THIRD SECTION,
according to the Plat thereof, recorded in Plat Book 6, at Page 162,
of the Public Records of Dade County, Florida (the "Property")
as fully, to all intents and purposes, as the Principals might or could do if personally present, with
full power of substitution and revocation, hereby ratifying and confirming all that said attorney or
substitute shall lawfully do or cause to be done by virtue hereof.
These powers shall include, but not be limited to the following:
1. To execute, approve, undertake and secure all necessary permits and licenses
("Permits") for the construction and operation of a free standing fast food drive-thru Burger
King® restaurant, including off-street parking incident thereto, together with curb -cuts and
signage acceptable to Lessee, including Lessee's identification pole sign, located on the Property.
2. To undertake and secure rezoning, special use permits or variances so that the
Property may be used for the purposes outlined above.
3. To appear before any county or city commission, zoning review board, planning
district, or other governmental official to facilitate the construction of the Property.
/G 95- 829
1
4. To delegate discretion.
No person dealing with the Principals' attorney shall be obligated to see the application
of any monies, securities, or other property paid and delivered to said attorney or to inquire into
the expediency or propriety of any transaction or the authority of'such attorney to enter into and
consummate the same, upon such terms as the attorney shall deem advisable.
IN WITNESS WHEREOF, the undersigned executed this Limited Power of Attorney
this day of July, 1995.
WITNESSES:
Print Name:
Address:
Print Name:
Address:
Print Name:
Address: '' A✓ �c. ' , �'� f
Print ame: 19,e,-q c�.
Ad ess: � v2 _ i
-moo c* G(
Print Name:
Address:
Print Name:
Address:
2
OLDRICH JOSEPH BALIK
ANN BALM{ CARROLL
CHARLES BALIK, JR.
9'5r 822
4. To delegate discretion
No person dealing with the Principals' attorney shall be obligated to see the application
of any monies, securities, or other property paid and delivered to said attorney or to inquire into
the expediency or propriety of any transaction or the authority of such attorney to enter into and
consummate the same, upon such terms as the attorney shall deem advisable.
IN WITNESS WHEREOF, the undersigned executed this Limited Power of Attorney
this _day of July, 1995.
WITNESSES:
Print Name: OLDRICR JOSEPR BALIK
Address:
Print Name:
Address:
Print Name:
Address:
Print Name: ..0.4 /z r-; A +;�
Address: �`'�� D ' c , ,c
Print Name: 6 4-e e S
Address: fY{_ c,e2 15 A<j
Print Name
Address:
ANN BALIK CARROLL
4gRARLES BALIK, JR
2
95- 829
STATE OF o D A
COUNTY OF ,JTt —
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared CHARLES BALIK, JR., to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this /&4-'day of JLtL'o -1995.
L.7SHIRLEY A. PIKE(SEAL) `; MV 00MMWION f CC 403421
a: aPi�s: aupuai 25• lasePrint Name:%�peot�"�" Notary Public, State of
My Commission Expire
CitI,as,19%,
STATE OF
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared .DOE BALIK, to me known and known to me to be the person whose
name is subscribed to the foregoing instrumen , and acknowledged to me that he executed the.
same for the purposes and considerations therein expressed.
Print Name: ,
Address: ' 4,
i
C
Print Name: �� �° ,y c _� _/V /9 t).S
Add ress: 5-2
Print Name:
Address:
Print Name:
Address:
Print Name:
Address:
Print Name:
Address:
Print Name:
Address:
Print Name:
Address:
OE BALIK
OMAR EDWARD BALIK, as Personal
Representative of the Estate of
JAMES BALIK, deceased
OMAR EDWARD BALIK
WILLIAM B. DUNCAN
95- 829
STATE OF
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared CHARY.ES BALIK, JP., to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this L_ day of , 1995.
i
(SEAL) —
Print Name:
Notary Public, State of
My Commission Expires:
STATE OF )
COUNTY OF �c
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared JOE BALK to me known and known to me to be the person whose
name is subscribed to the foregoing instrumen , and acknowledged to me that he executed the
same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this '' Ln? "d"ay of 1995.
7--
(SEAL)
Print ame: y
Notary Public, State of
My Commission Expires: 4u 5
SHIRLEY SWEENEY
4 State of Florida
My Comm. Exp. 18 Oct., 1995
Comm tr CC 143817
s
5
'i 95- 829
Print Name: JOE BALIK
Address:
Print Name:
Address:
Print Name:
Address:,,(-d
(IJIi-
Print Name: 7-
rr-Q- 11,
Address:
4
Print Name:,- /
Ar-
4'1,4
Address:
//uk P Fl-
r
n-(-
Address:
Print Name:
Address:
Print Name:
Address:
3
Representative of the Estate of
JAMES BALIK, deceased
OMAR EDWARD BALHV---
95- 829
%^
i-
Print Name:_ � �/��< i �; , � c �, cr�`�! cl �
t
Print Name. L E,,
BARBARA ANN DUNCAN
STATE OF
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared OLDRICH JOSEPH BALK to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this day of , 1995.
(SEAL)
Print Name:
Notary Public, State of
My Commission Expires:
STATE OF
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared ANN BALIIK CARROLL, to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this day of 1995.
(SEAL)
Print Name:
Notary Public, State of _
My Commission Expires:
95- 829 011
STATE OF /o r i
COUNTY OF R Lj,—
BEFORE, ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared WILLIAM B. DUNCAN, to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this 1) day of , 1995.
(SEAL)-
;:�::.r SARAH J. CLAUS Print Name:_
4'••
MY COMMISSION M CC477173 EXPI iL Notary Public, State of
P June 28, 1999
? rdP BONDED THRU TROY FAIN INSURANCE. 1K My Commission Expires: rune
STATE OF _
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared BARBARA ANN DUNCAN, to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he.
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this day of , 1995.
(SEAL)
HAWPMORALEIO>Sl POASAM
7
Print Name:
Notary Public, State of
My Commission Expires:
Print Name:
Print Name:
BARBAR4 ANN DUNCAN
STATE OF
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared OLDRICR JOSEPH BALIIK, to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this day of , 1995.
(SEAL)
Print Name:
Notary Public, State of
My Commission Expires:
STATE OF 1
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared ANN BALIK CARROLL, to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this/0/0 — day of 1995.
(SEAL)-e-
4
Print Name:
Notary Public, State of _ _
My Commission Expires: h2 ]� 95-
�" FMY
LEY SVVEE14EY
State of Florida
mm. Exp. 18 Ocl., 1495
mm. x CC 143817
95- 829 01�
STATE OF FLORIDA
COUNTY OF DADE
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared OMAR EDWARD BALIK, as Personal Representative of the Estate
of JAMES BALiK, deceased, to me known and known to me to be the person whose name is
subscribed to the foregoing instrument , and acknowledged to me that he executed the same for
the purposes and considerations therein expressed. A
WITNESS my hand and official seal this 7 day of 'cl 1995.
(SEAL)
ati�1 MILAGRO O LUGO
+ My Commies on CC385893 Print Name:
* * E3�nndeJun. 22. 1998 Notary Public, State of Florida
��+�tofad`O� Miradad by by H My Commission Expires: GG l,;L-05
STATE OF FLORIDA
COUNTY OF DADE
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared OMAR EDWARD BALIK, to me known and known to me to be the'
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this 7 day of 1995.
(SEAL) PAV .
4S MiLAGRO O LL$GO Print Name:J
['�r�
nay Comrniscion
"''kes Jun.22, 1M Notary Publi__c, State o lorida
"�+'�,fa���� Bondodb by
My Commission Expires: p(�aa/ 9
STATE OF „.,i L c'..
COUNTY OF .:.,
BEFORE I IE, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared WILLL4,1M B. DUNC.A-1'Y, to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this day of 1995.
(SEAL)
Print Name:
Notary Public, State of
My Commission Expires:
STATE OF t
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this
day personally appeared BARBARA ANN DUNCAN, to me known and known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
WITNESS my hand and official seal this day of 199 .
(SEAL)
Print Name: l ;, u _ems 1: /
Notary Public, State of
My Commission Expires:
m. r,.-«:,-cinn tenirR� Rbruaa 28, ll�i�
Print Name:
Address:
Print Name:
Address:
Print Name:
Address:
Print Name:
Address:
Print Name:
Address:
Print Name: ,n
Address: S s
Print I`Tan:s'
Address: t LAtLe-
Print Name: / A
Add;ess: 14161
OMAR EDWARD BALIK, as Personal
Representative of the Estate of
JAMES BALIK, deceased
OMAR EDWARD BALIK