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HomeMy WebLinkAboutR-94-0128A RESOLUTION, UPON RECONSIDERATION, AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT THE APPEAL, PURSUANT TO ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 18, SECTION 1800, FROM THE MARCH 22, 1993 DECISION OF THE ZONING ADMINISTRATOR, RENDERED PURSUANT TO ORDINANCE N0. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI ARTICLE 21, SECTION 2102, REVOKING BUILDING PERMITS NO. 92-0006757, NO. 92-0006758, NO. 92-0006777, NO. 92-0020432, AND NO. 93-5004911, AS A RESULT OF THE FAILURE OF APPLICANT TO MEET THE CONDITIONS ESTABLISHED ON THE RECORDED COVENANTS DATED APRIL 20, 1992 AS RECORDED UNDER CLERK'S FOLIO NO. 92 R147152 PUBLIC RECORDS OF DADE COUNTY AND DECEMBER 14, 1992 AS RECORDED IN BOOK 15761 AT PAGE 2913, PUBLIC RECORDS OF DADE COUNTY, FOR THE PROPERTY LOCATED AT 1825 NORTH BISCAYNE BOULEVARD AND 3,20 NORTHEAST 19 STREET, MIAMI, FLORIDA, THEREBY REINSTATING THE PREVIOUSLY REVOKED BUILDING PERMITS WITH THOSE MODIFICATIONS NECESSARY TO ALLOW THE RESTORATION OR REPLICATION OF THE NORTH AND WEST FACADES OF THE PRISCILLA APARTMENTS SUBSTANTIALLY AS THEY EXIST TODAY, SUCH MODIFICATIONS TO BE APPROVED BY THE PLANNING DIRECTOR AT HIS SOLE DISCRETION AND SUBJECT TO THE APPLICANT PROFFERING A COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,. WHEREBY APPLICANT AGREES NOT TO UNDERTAKE CONSTRUCTION OF PHASE II OF THE PROJECT UNTIL SUCH TIME THAT APPLICANT SATISFIES THE PARKING REQUIREMENTS FOR PHASE I OF THE PROJECT CONSISTING OF THREE HUNDRED AND SIXTEEN (316) PARKING SPACES, THEREBY DENYING THE APPEAL OF DADE HERITAGE TRUST. crrr co�as c MEET NG OF. FEB 2 4 1994 lbkm a `�4- l28 WHEREAS, the Miami Zoning Board at its meeting of April 19, 1993, Item No. 3, adopted Resolution ZB 47-93 by a seven to one i7-1) vote,. granting the appeal which was duly before said Board; and i WHEREAS, Dade Heritage Trust appealed the Zoning Board's decision to the City Commission and the City Commission, at its meeting of June 29, 1993, reversed the decision of the Zoning Board, thereby granting Dade Heritage Trust's appeal; and WHEREAS, upon the request of the applicant's attorney, the City Commission, at its meeting of September 27, 1993, agreed to reconsider its grant of Dade Heritage Trust's appeal and directed the Administration to bring said matter back for review, after proper advertisement, at the City Commission meeting scheduled this date; and WHEREAS, the City Commission, upon reconsideration and following proper advertisement, and after careful consideration of this matter, finds that the Zoning Administrator erred in opining that the applicant had failed to comply with the conditions of said recorded covenants and also erred in revoking said building permits, and, therefore deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to deny Dade Heritage Trust's appeal from the ,Zoning Board's decision and to affirm the April 19, 1993 decision of, the Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: -2- -94- 128 applicant's appeal, pursuant to Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 18, Section 1800,. from the Zoning Administrator's decision rendered in his March 22, 1993, memorandum, pursuant to Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 21, Section 2102, in which he revoked Building Permits No. 92-0006757, No. 92-0006758, No. 92-0006777, No. 92-0020432, and No. 93-5004911, as a result of the failure of applicant to meet the conditions established on the recorded covenants dated April 20, 1992 as recorded under Clerk's Folio No. 92 R147152 Public Records of Dade County and December 14, 1992 as recorded in Book 15761 at Page 2913 Public Records of Dade County, for the property located at 1825 North Biscayne Boulevard and F 320 Northeast 19 Street, Miami, Florida, is hereby affirmed, - modified to reinstate the previously revoked building permits with those modifications necessary to allow the restoration or replication of the North and West facades of the Priscilla Apartments substantially as they exist today, such modifications to be approved by the Planning Director at his sole discretion and subject to the applicant proffering a covenant, in a form acceptable to the City Attorney, whereby applicant agrees not to -3- .J .J12 8 CITY OF MIAMI. FLORIDA Pz INTER-OFFICE MEMORANDUM Honorable Mayor and Members TO : of the City Commission DATE : February 8, 1994 FILE Chinatown SUBJECT: 1825 Biscayne Boulevard/ ' 320 N.E. 19 Street FROM : REFERENCES: Item --PZ-1 . Ces' o City Ccmmission Meeting of Ci ENCLOSURES :February 24, 1994 BACKGROUND On June 29, 1993, by Resolution 93-393, the City Canui.ssion reversed the decision of the Zoning Board and upheld the decision of the Zoning Administrator that the applicant had failed to meet all conditions of the recorded covenants, and Commi Sion `resolutions and, therefore, that. the building pennits for the Chinatown project should be revoked. Subsequently on September 27, 1993, by motion 93-595, the Commission decided to reconsider the action of June 29th. The City Commission has continued this item since that Attachments: i 94- 128' Zoning, noazu, • . �.� +�., _ ... ---- - . Resolutions 91-92, `Januazy 24 , 1991; 91-779, `October 24, 1 ; - eyed 268, April 30, 1992, The, applicant2 row 14° 992. Z'1ie �Apr3.l 20, Dec 9 with ' he .land .;:dated ril, 1992 cavenarit specifically, c ;., applicant's Ap prior to issuance Fee (para.2d payment1., of .the Dade, County Impact .: ;.. _ City •ts As a result of the two'hurricane extensions (Ord. of penRu . 121 No 10995, .10 ► 1992 'arid Ord: No:11024, November • '° . date certain' '(FebivaxY 26 ► 1993) to meet applicant had a , 1992) . is :i `On March 15, 1993, all coryd3.tions and have all building pew Fee $28 000) had flit discovered that the Dade County mgDwt it was been paid aixi' derolition was "halted on March tion ti�at not fall93 the Zoning his interpretation f had been Administrator issued by FebzvaxY 1993 and recamiended therefor that all" permits paid .26`, be revo]aed; ,the Building Off icial then ravo)aed all pernnits . <v.. 94- 128 4i0`tY, O�'�� ..� 1,... CITY OF MIAMI ` r.00�0 b�A1tC' CITY CLERK'S REPORT i MEETING DATE: September 27, 1993 PAGE NO. 3 -' AG'26Note for the Record: R 93-593 reappointed the following individuals as members to the PRIVATE INDUSTRY COUNCILS LINDA EADS AND JOSEFINA BONET HABIF (renominated by Commissioner Plummer) GABRIEL TORRES (renominated by Commissioner Alonso)- WILLY IVORY (renominated by Mayor Suarez) BILLY;HARDEMON (,renominated by Commissioner Dawkins) MELVIN "SKIP" CHAVES Further appointed was: 'OLGA,CONNOR Note: Pending still is one appointment to be made,by Commissioner Dawkins. -AG 27 Note for the Record: R 93-594 appointed the following. individuals to the TAX-EXEMPT PROPERTY STEERING COMMITTEE: WILLIAM KLEIN (nominated by Commissioner Plummer) MELANIE- C. PAISLEY-THOMAS (nominated by Commissioner Dawkins) AG 29 A MOTION TO RECONSIDER PRIOR VOTE ON ADOPTION M 93-595 OF`R 93-393 (THE CHINATOWN PROJECT) WHICH HAD MOVED: DAWKINS REVERSED THE.ZONING BOARD'S DECISION TO GRANT SECONDED: ALONSO AN APPEAL (PURSUANT TO ORDINANCE 11000) FROM NOES:' DE YURRE THE ZONING BOARD ADMINISTRATOR'S REVOKING OF SUAREZ CERTAIN DESIGNATED BUILDING PERMITS DUE TO FAILURE,,OF APPLICANT (MR. ISAAC SHIN) TO MEET PREVIOUSLY ESTABLISHED CONDITIONS ON RECORDED COVENANTS. NON- A RESOLUTION RESCHEDULING THE ONE REGULAR R 93-596 AG COMMISSION MEETING IN NOVEMBER, 1993 TO -TAKE MOVED: PLUMMER PLACE ON NOVEMBER 18, 1993. SECONDED: DAWKINS UNANIMOUS AG 30 A MOTION DIRECTING THE CITY ADMINISTRATION TO M 93-597 SCHEDULE A PUBLIC HEARING FOR THE SECOND MOVED: PLUMMER COMMISSIOW MEETING IN OCTOBER (OCTOBER 21ST) SECONDED: DAWKINS. AT'5:00 P.M., IN CONNECTION WITH AGENDA ITEM ABSENT: ALONSO 30-(A PROPOSED TRAFFIC CONTROL PL4N FOR THE COCONUT GROVE BUSINESS AREA). 4A 94-.128 s s At T— i sP Z r- R' w� a J-93-347(b) 67" 9J J 3_ 393 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OFTHE ZONING BOARD TO GRANT THE APPEAL, PURSUANT TO ORDINANCE' NO. 11000, AS, AMENDED, THE ZONING. -.ORDINANCE OF THE 'CITY' OF MIAMI, ARTICLE 18, SECTION 1800, FROM THE MARCH 22,. ; 1993 DECISION OF THE ZONING ADMI ADMINISTRATOR, RENDERED PURSUANT TO, NANCE'NO. 11000, AS A14ENDEDi�THE'ZONING' ORDINANCE OE' THE CITY OF MIAMI, ARTICLE 21, SECTION 2102, REVOKING BUILDING PERMITS NO. 92-0006757 NO. 92-00067581Nv..92-0006777, NO. 92,-0.020432, AND NO. 93-5004911, AS A RESULT OF THE FAILURE OF APPLICANT TO MEET THE -;CONDITIONS:ESTABLISHED ON THE 'RECORDED COVENANTS DATED APRIL 20, 1992.AS.RECORDED UNDER CLERK'S FOLIO N0.''92 R147152 PUBLIC RECORDS OF DADE COUNTY AND DECEMBER 14,, 1992., AS RECORDED IN BOOK 15761 AT 'PAGE' 2913 PUBLIC RECORDS OF DADE COUNTY, FOR THE, PROPERTY .LOCATED AT 1825 NORTH 'BISCAYNE _BOULEVARD AND 320 NORTHEAST 19 STREET, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting of,April 19., 1993, Item No. 31 adopted Resolution ZB 47-93 by a seven, to one vote, granting the appeal which was.duly before.said,Board, and `WHEREAS, the City Commission after careful..,consideration-.of thi$ matter, and notwithstanding the, decision of the. Zoning Board, finer that the Zoning Administrator correctly opined that, the",a pplicantrhad failed to comply with the conditions. of.said recorded` covenants and correctly revoked said building permits,: and, therefore deems it advisable and in the best interest of the CITY COMMfSRDX MEFT::'G OF 9 4- 128 111" 1 0 ,MMI 1'S761 t at `Pa9 a 2913" Public Records of Dade County, for the. property"'.located �►t 1825 North Biscayne Boulevard and n n 0 n n ter-, DADE HERITAGE TRUST, INC. RESOLUTION "NEW CHIVATOWN" Location: Between NE t8th A 19th Streets A Bivayne Blvd., Miami, FL Owner. Miami Chinese Community Center, Ltd.. Isaac Shih, President DADE HERITAGE TRUST, INC., a not -for -profit organization, chartered in the State of Florida, inter its hands of its President, Eliiabeth L. Metcalf, hereby resolves that: A joint meeting of its Executive Officers and its Board of Trustees of said corporation was held, and at the meeting held on the 24th day of October, 1993, adopted the following resolution to wit: BE IT RESOLVED: The official position of Dade Heritage Trust regarding the above project is as follows: I. Dade Heritage Trust welcomes and encourages the development and enhancement of international and cultural diversity within Miami and South Florida, and the positive contributions to the social and cultural fabric of the broader community that can come from diverse cultural and ethnic groups, specifically, in this case, the Chinese community. 2. Dade Heritage Trust also welcomes commercial and residential revitalization of the community's inner city areas, especially the area of North Biscayne Boulevard. Projects that create new employment, stabilize declining areas, promote L safety and new investment by rekindling the quality urban, landscape, and architectural character that was North Biscayne Boulevard in its significant historic past are to be encouraged. 3. Dade Heritage Trust promotes and defends the preservation and profitable reutilization of our cities' historic buildings, neighborhoods, and sites as a means of providing stability of quality, time and place throughout the myriad of changes that have and will continue to materialize in our community. We advocate a standard of quality design and sense of place that our significant historic resources provide. We support quality new development and quality preservation. 4. The Algdnquin (already demolished by Mr. Shih) and Priscilla properties were listed on the National Register of Historic Places in 1988. They were also designated Local Historic Sites in 1991. Dade Heritage Trust will not waiver from its commitment, commemorated in its Articles of Incorporation, to preserve and promote the viable reuse of the community's historic structures and the Priscilla Apartments specifically. 5. In good faith effort to promote these values, Dade Heritage Trust first contacted the Owner in September, 1991, to I rovide assistance with special tax shelters and financial benefits to the Owner who undertakes a rehabilitation of the historic properties and their inclusion into the larger project. The Trust has continued to attempt to work with Mr. Shih since then, and a meeting was finally held on June 15, 1993. A draft resolution of agreement between the parties was received by Dade Heritage Trust on June 29, 1993, only seven hours prior to the scheduled hearing by the City Commission. He has made no effort to contact Dade Heritage Trust or pursue the draft terms of agreement resulting from the June 15, 1993 meeting. 6. Dade Heritage Trust, with the assistance of architects, engineers, and rehabilitation specialists has determined that the restoration of the Priscilla, in its present condition, is viable, and can make a substantial contribution to the project as a whole. The retention and sensitive rehabilitation of the Priscilla will set a positive tone by this Owner and the cultural diversity it represents by addressing the concerns of preservation of the community's significant resources and of its people. Other Chinatown projects in New York, San Francisco, as well as in Hong Kong and Singapore, all, involve the reuse of existing and historically designated buildings within the context of a broader international and cultural diversity. 7. Under any circumstances, Dade Heritage Trust objects to the granting of any demolition permits until such time as certified binding commitment of sufficient funds to complete the project is provided by the Owner, and not until approved building permit for the new construction is received. Y • 8. Finally, Dade Heritage Trust reconfirms its record of assisting owners of historic properties in their rehabilitation and reuse. We remain committed to the Owner and to the Chinese community to help in every way we can, provided the Priscilla Apartments is saved for all posterity. Only with a vigilance for preservation and future quality will the international significance of the character and image of Miami prosper. THIS RESOLUTION, duly made and seconded, was approved by a vote of UNANIMOUSLY IN WITNESS EREOF have hereunto set my hand in Miami, Dade County, Flori , on this 20th day of October 1993. lei Liza th L. Metcalf, President ody Verre gia, Sccreta ��- 128 4 a� + ^ • .> � Y� z 'shy( f 1 ` • " 1 0 4 • � • « � x!!l �� ��a, 9 �' s ieiln ' ax+ . �y .. ^";."" �.. s ,; < N K < ! ,� 6 Y > , . ,cry, }'• :^, � � }K c�� S � '?y',� �� .. 2i�J 2 .y L 1 F Ft All FA - ba "4 IPA pD �ro?t'4f �S'"."6I.}poi ,,.t;� �;��1G ,°��•y. y - �. '� �??i t'0�'. d�2t.P'�t � 3', '�'` "''t�. ,k '+! a' de Tr%js t Mr ' sit t Yet okonc Preservation Center Yv � �o4theast 12a Terrace " w Flerldi 33111 Pl=e' 305 f;39 ,9572 Fax:'30.5/J5S•lA it 29, 1993 , OFFICERS' ; . 'Ms. Teresita Fernandez Chairman, City of Miami Hearing Boards Nnt,11' 275 'NW 2nd Street = . t•'►e„„.tt.' Miami, FL' 33128 •.,vt,�, ;.,kltl rn..tear Dear Ms. Fernandez 1nr•Lt,, On April 29 thA City of Mialtii Zoning Board- mat to, review the Zoning Admin'i'strator's decision to revoke demol�.t o permits for` the-", rlt4�lEk;• Chinatown" project on Biscayne Boulevard. u.atw,.l W r t•;1Nlw The permit gas issued in error by the City ofMiami, and resulted y y [tttiduttlM ClowM Call . :: lnthe,;demolit'ion of he Algonquin Ap3rtmantc and' virtual gutting'= All" wslo" of� the;=Prisc�lla, Apartments, both listed on:tho L National Register.: c,,t►tta. o,His toric Places:' 'The permit',should snot ;have been` issued�� since' ,tt r:iti,tt the develapar h'ad' Failed to pay Uade County, , impact- fees and'the - """'"''" Zoning '` Administrator, upon learning' that, inforncatxon 'revoked the g' Y•,i1Rt,.r%. . . demolition permit. vWva maw . , -� iWier to"t The destruction of thase two National Register buildings resulted itVK {riCMt fft-on these actions and-tha 13oard�. of- Trustees.;. of Did heritage Trust It to alrry+ feels strongly. that the City must uphold the deci'sioiz of .the' Zcriing the developer had prover time, knowledge and 'Adminstrator'and-that professional =advice " to be fully- cogriizant of Fall fees., required prior o pulling a demolition permit. tfal�al.nl kjo,behalf, of Dade Heritage Trust`; I would like to appeal the Zoning Eioard's` decision and "request a hearing before the City Commission: ,�: d•c•n•h Enol oged is . a che?Gk for $4 oC ' to"= cover the fee for filir'q ' -fie I -Alp t•rpWi fAtaw,. .tttif=i .•At -is; t- . ,a snag koW l ' tit t .G.rntn /�'!y .r ..•�, '»�+.�:\ --LoA Aise r.r vtwet•Crm -1.inu..erl►.U+r. Executive Director ? On- Enclosu�d ' r"slf �� �ItSMt.• ii , .:. , .:. . . r ^ PLtCHNTN : 493 t tttYq..:11t\Volt �11111ttt �ffitwi- . 9 �28 M1 J l Mr. George,Barket offered the following Resolution'"' ' and moved its -adoption.' RESOLUTION-ZB 47-93 AFTERCONSIDERING THE ;FACTORS.SET FORTH IN ' ' ORDINANCE,11000, THE ZONING BOARD GRANTED THE 'APPEAL REVERSING THE MARCH ;22, 1993 DECISION OF THE ZONING ADMINISTRATOR, ORDINANCE NO. 110p0, AS AMENDED, THE ZONING' ORDINANCE OF THE CITYOF MIAMI ARTICLE 18, SECTION 1800, REVOKING THE BUILDING PERMITS NO. 92-0006757, NO. 927 0006758, N0. 92-0006777, NO. •92-0020432, AND N0. 93-5004911, RESULTING FROM THE FAILURE OF APPLICANT TO MEET THE.. CONDITIONS,..- ESTABLISHED- ON THE RECORDED COVENANTB.DATED APRIL•20, 1992 AS RECORDED, UNDER CLERK'S FOLIO NO:. 92:R147:152�.PUBLIC RECORDS COUNTY AND DECEMBER- 14, OF DARE 1992 AS RECORDED IN BOOK 15761 AT PAGE 2913:.PUBLIC.RECORDS OF DADS COUNTY FOR THE, PROPERTY,' -..LOCATED AT 1825 N. BISCAYNE BOULEVARD,,AND 320 NE 19`STREET._ Upon being seconded by Mr. Ronald Fox, the motion was passed and adopted by the following votes: lI� Miami Beach, FL 33141 RE: PERMIT #92-0006757, #92-0006777, #92-0006758,_ #92-0020432 AND #93-5004911 FOR 1823-1825NORTH BISCAYNE BOULEVARD =, AND/OR 330 NE 19 STREET/CHINATOWN Dear Mr. Gonzalez: For., your i"nformation, I am enclosing .a memorandum Ztated.l9arch 18, 1993 'from Juan Gonzalez, -Acting Zoning Administrator " regairding.: the above referenced -property. Mr Gonzalez Is: requestNg , revocation of the above. referenced permits because. you, . as -permig holder, are in violation of ;the provisions set forth in City of Miami' �Re'solution Vo. 92-268` adopted on April 30, 1992 ,and the : Covenants °dated. April 20, 1992 as recorded under `.Clerk's ;Folio'. No. 92R147152 of the Public Records of Dade County, Florida and, December'14, 1992, as recorded in Book 15761, page'2913 of the .Public Records of Dade County, Florida, as a result of your failure 'to pay ;the Metro -Dade County :Impact Fee or before. February,'26,, 1993, as required by the aforement Ion documents, ;. Also, by copy of this letter I am notifying Mr. Isaac Shih, owner of this .property that Section 304.2(d) of the South Florida Building Code "states the following: "notwithstanding'other provisions of this code,. compliance with the code shall be the responsibility of the owner*. Tneref.ore, as Building Official, I am hereby notifying you in accordance with Sections 304.2 and 304.4 of the South Florida Building Code of the following: 1. Revocation of all of the above referenced permits; all work and inspections must cease, including' all demolition work. 2. Said permits will not be re -issued since the Variance granted by Resolution No. 92-268, upon which said permits were conditioned has expired. ' PLANNING. BUILDING AND ZONING DEPARTMENT 9 4 _ -. ii 13233-07W13091 579.6000 1 8 i r Mr.' John 0. Go'nz a l ez ,Mar.cn•.22, 1993 AGE :2 i. A copy of this letter is being sent to all parties involved. If need any further information, please contact Tomas. Mene`ndez;, .you Chief of Inspection Services, 579-6800, Ext. 703. Very truly yours, Santiago Jorge` -Ventura, A.I.A. Deputy. Director and14, Chief 8uilding,Official _ SJV/d;js Enclosure a; cc Sergio Ro.driguez', ,Director ^j N Planning, Building, and Zoning Department- , ; Mi riam Maer, ;Law Department - N Irma-'Abella, -Law` Department �y Jul ie.,Bru, . Law Department Joseph McManus, Deputy; Director Juan:Gonza1, Acting Zoning Administrator Tomas.Menendez, Chief/Inspection Services Hector,L-ima,, Chief/Code„ Enforcement RaulPielago,; Chief/Structural Section' ;Sarah Eaton, Historic Preservation'Offfacer Mr. :Isaac . Shih, President .'- Miami - Chinese' Community Center, Ltd. 331 NE ;18.Street MiamFL'.33132 Alpha Contractor Group, Inc. 141; Aragon Avenue Miami,= EL 33134 t CITY OF MIAMi, FLORIDA INTER -OFFICE MEMORANDUM o Santiago. Jorge -Ventura; -ATE March 22, 1993 (Reviased) Bui,l.ding Official%Deputy Director P.1.:ann i ng ,101 di ng and Zoning SUBJECr Chinatown Department 1825 N. Biscayne Boulevard and/or 320.NE 19th Street .apM4 4EFERENCEs uan onzalez, Acting Zoning Admi strat�c�osuaEs Supersedes memo dated Planning, Building and Zoning Oepartment March 18, 1993,'same,subject RECOWENDATION: Please be advised that the applicant for this project fai-led to -=satisfy the ;conditions, of a 'grant` of variance (Articles 19 and 21 of 0NNnanQ 11000, as amended, the Zoning ' Ordinance of the City of ' Miami) by the C tty._ Cdf ni s s ion and therefore I recommend that you revoke all outstanding permits for�llas°project (#92-0006757, .#92-00067771 #92-0006758, #92-0020432 and #93-500@10141;4'_further, that the applicant, Mr: Isaac Shih'; be, instructed to secure the pMainiq building and specifically to preserve the north tower of the Priscilla A�artmen;s; 320 NE 19th"� Street. FINDIN6s: N 'My 'recommendation is based on Resolution ZB-115-90 adopted on December 3, 1990; and=city, Commission Resolutions, 91=92, adopted January 24, 1991; 91-779,.adopted October 24, 1991;' and 92-268, "adopted April .30, 1992; and City Commission Ordinances 10995, adopted September 10, 1992; and '11024, adopted` November 12, 1992, here, attached. Further, my recommendation is' based'' on the recorded covenants dated April 20, 1992 as recorded under Clerk's folio.No. 92 R147152 of the Public Records of Dade County, Florida .and:'December'14,' 1992, as recorded in Book 15761 at Page 2913 of the Public Records of Dade 'County, Florida: These resolutions, ordinances and covenants establish certain conditions and time limitations upon which the grant of variance for this project is based. Articles 19 and 21 of Zoning Ordinance 11000 pertain to variances; the conditions. which may be attached thereto, and enforcement of conditions. These resolutions, ordinances and covenants collectively, required the applicant to, pay all required fees and obtain all required permits on or before February 26, 1993, and provided that all plans and permits would be held' in 'escrow until such time that all conditions of said resolutions and covenants have been met. Consequently, the applicant could not commence demolition of the historic Algonquin and Priscilla Apartments and/or commence. new construction of the condominium/retail complex until such time that said conditions were°met. Page 1 of 2 �4- 128 . CITY OF MIAMI, F! OR10A INTER -OFFICE MEMORANDUM Santiago„Jorge-Ventura :.-_ March 18, 1993 3ui lding �.0ffici`al/Deputy',Di rector planning,'Building and.Zoning - . s1;8JECT Chinatown :. Depar'tment 1825 N. 8iscaynie.8oulevard and/or 320 NE`19th Street ;•:. QEFERENCEs Act' Administrat /Jua nzalez, ping r P l.ann i ng, Bu i l di Zoning Department RECOMMENOATIO�N: Please be advised that the applicant for this project failed 'to satisfy the con conditions of a grant of variance (Articles .19 and 21 of, as ,11000, amended,';the "Zoning.. Ordinance of the City of Miami) by the_ -City"Commission and therefore . I recommend that you revoke all outstanding_permits '.for thfs;. project (#92.0006757, N92-0006777, #92-0006758, N92-0020432 and #93-5004911) ana further,' that the"appIicant, 'Mr..Isaac Shih, be instructed .to secure the,remaining,building- 'tower and specifically to preserve the north of the PHsci11a'Ap'artmen`ts,.;320 NE 19th Street. :. FINDIMGSr ,. My, recommendation is based .on Resolution ZB-115-90, adopted on December 3, 1990; and .City Commission Resolutions, 91-92,' adopted January; 24,< 1991; 91-779, adooted 3.-doer 24 1991; and 92-268, adopted April 30, 1992; and. City ,Commission ordinances 10�995, adopted September 10, 1992; and 11024, adopted November `992; here attached. Further, my recommendation is based on the recoraec _ovenants.dated Apri1 20, 1992 as recorded under Clerk's folio No. 92 R147152 he Public Records of Dade County, Florida and December 14, 1992, as recorded to 3ook 15761 at Page 2913 of the Public Records of Dade County, Florida. 'hese resolutions, `ordinances and covenants establish certain conditions and : ie `imitations " upon which the grant of variance for this project is based. .;rtIcies and*21 of Zoning Ordinance 11000 pertain to variances, the.conditions vn .�a. �e attached thereto, and enforcement of conditions. - 7hese resolutions, ordinances and covenants collectively, required the aoolicar_ .0 pay all required fees and obtain all required permits on or beforejebruary '_993, and provided that all plans and permits would be held in escrow until Suc rime that all conditions of said resolutions and covenants have been met. Consequently, the applicant could not commence demolition of the historic Algonquin' and Priscilla Apartments and/or commence new construction of the. condominium/retail complex until such time that said conditions were met. Page 1 of 2 4 — 128 a �s of February 261 1993, certain required conditions. had .not been ,met by �he specifically', the Dade County Impact ,Fee;was.not, paid.,_Therefore," the applicant , variance granted `for this project has expired and all permits issued should, be revoked;*,specificallyi 1.; Building Permit .#92-0020432,December 17, 1992,`for new construction of,,the, condominium/retail complex at 1825,'Biscayne Boulevard...' "Z."" Building Permit +M93-5004911, .March 9, 1993,.for revisions to'previously permitted plans. 3. Partial demolition permit #92-0006757, issued April 20, 1992, for 1825 demolition permit #92-0006758, issued April 20, Biscayne Boulevard; partial 1992 for 330 N.E. 19th Street; and Permit #92-0006777, issued. April .20,,, 1992 for 1825 Biscayne Boulevard. It' Is recommended` that the applicant be instructed,.to secure the remainder of the 'tower receive specific P,rtsci':lla...;at '320` NE 19th` Street, and" that the north p. reservation attention. ",:.If. the ;applcant.des�res to again undertake this project, it will now be necessary " for 'ti`im to: Apply o the Historic and Environmental Preservation Board fora Certificate 1825 of Appropriateness for activity pertaining to the Algonquin Apartments, Biscayne Boulevard and Priscilla Apartments, 320 NE 19th Street. �opl'y. to the Hearing Boards Office of the. Planning, ,Building and' Zoning is needed under. Zoninc ueoartment for variances in the event zoning relief r•tinance 11000:' - Rlodriauez �SS?5:3nt amity Manager �seon w McManus :eouty Director ,rma Abe17a ssi'stant City Attorney Central File K ti R ..... _,. ,��.. K w � ..,_ .__. � , � t .. , CITY OF MIAMI. FLOAIOA INTER-OFFICEMEMORANDUM -o Sergio. Rodriguez Director :ATE March 18,` 1993 Planning, 9uilding and 1823-25 •N. ' Zoning DepartmentSUBJECT ,HISCAYYE BOULEVARD AND OR >, 330 NE 19 STREET PROPOSED PROJECT CaON Santiago orge-Ventura, A.I.A. REFERENcEs CHINATOWN'' :.Depllty:.Director ':and ;.' Chief,_9ui1ding off.ic,ia1. ENCLOSURES Per your requests attached is -a chronological.report of the'up-to- mentioned proposed project at 1823- dat'e statu3, regarding the above 1825 North`8iscayne Boulevard (CHINATOWN). SJV/d"js Attachment. cc: ; Joseph:,McManu.s Juana Gonzalez 'ALL: SECTION CHIEFS Central file I i 128. w r� DATE:r; March. 17, 1993 RE: 1823-1825 NORTH BISCAYNE BOULEVARD 'AND/OR 330 NE 19`STREST - CHINATOWN Below is a chr`onologic.al report of the status regarding, this proposed project: .., li .00TOBER 169, 1990 - Mr. °'Isaac Shih, obtained .Varian ce'.#90-09A from Metro' Dade`County ..Department, for renovation:of.the.above mentioned property. 2 =MARCH 3, 1992 - Metro Dade County Clean Air Section of D.E.R.M. -approved .,the required notification regarding asbestos, as Having .been submitted in compliance with applicable regulations for 1825-North Biscayne 'Boulevard.. 3: APRIL 15,' 1992 - the required letter from: the Structural Engineers who will be at the site as Threshold Inspectors was submitted. 4. APRIL 209 1992 - partial Demolition Permit #92-0006757.was issued for 1825 North Biscayne Boulevard. All of the required fees for foundation permits only, were' paid. .. .The "plans, permits' and permit card were kept in the office; of Tomas Menendez,, Chief/Inspection Services Division, as escrow wnicn was.:agreed by all parties. 56 APRIL 20, 1992 - Building Permit #92-0006777 for 'If oundac.on only" -new construction was issued for 1825 North Biscayne Boulevard. 6. APRIL 209 1992 - partial Demolt ion Permit #92-0006758 was issued for 330 NE 19 Street. 7. OCTOBER 299 1992 - the partial Demolition Permits (#92-0006757 and `#92-0006758) were extended for an additional 180 days. 8. DECZMBBR 15r 1992 - a meeting was held with Isaac Sznol, Isaac Shih, Hector Lima, Hiram Perez and myself in order to clarify Variance #90.09A previously issued by Metro -Dade County D.E.R.M. Department. 9a. Ourrecords show that on August 7, 1992, the plans were submitted to this department for review and on December 171 1992, the review was completed. b. DSICZMBBRr 17, 1992 - Mr. Shih paid a total of $88,144.31 to cover all of the required -City of Miami permits, cortifieates, including the City of Miami Impact Fee; however, he failed to the required Metro Dade County Impact Fee. On December 17, zo. pay 1992, approval was obtained from Miami Dade Water and Sewee Authority Department. _ 94- 12 8 ���' • ~ CJ 1 FLoR%pp "4799 T NAIAM , 2g7 C�JY Sr��,NIS �sTREE 8001 6904 N W X 3001477 7g26 t t3or 477 g149 FA l 1 ro. A IsaAc Shih, President . Miami Chin`"e Community Center, LTD. '`331 N.Ei 18th Street Florida 33132 Rei .Variance Number 90-0.9A dear .1r Shih: r'Your' application for a variance to the re4uirement6 of` Chapter 11C-,5(A), metropolitan Dade County Code, for the renovation of two existing. •buildin,gs Into one located at N'.�. 18th Street andBiscayne;,Doul'ervard, in 'Section 31,' Township 53 South,.,Eange 41 East, Dade 'County, "Florida, ,has been reviewed by our staff This property is located in a Flood Zone AE with a required ease Flood elevat:i,on of.. +10.0 ft. N.G.v.D. The County Flood Criteria is 4,5'.0: ft; N..G.V.D., and the Land Elevation varies from +5.60 to +6':-44 '."t City Hof Miami Datum or +5.31* to +6.18 ft. N.G.V.D The flni ahe`d f loor of the existing buildings are +6 27 `ft. and +6.68 ft. city of Miami Datum or +6.01 ft, and +6.42 ft. N,.G.V.D. You are requesting to allow the proposed finished 'floor elevation of: . the' , proposed renovation to be at -'elevation +7'20 ft, instead of . the required +10.0 ft. N.,G.:V.D. WT Accordin o our lettIs of to t "-4thPu r) .� :.:•� " tha Ik to �. X���'d i Thec ��: . . pr©scrvaLic)n 'was fequestod in order to maintain, a portion of a structure: that represents •a development style of historical importance. This tow.e`r,,could not be saved`if the Flood Criteria were enforced. Raising the floor in the Lower are would reduce utilization of. the space and would require modification to the existing building foundations. It would also deny handicapped. an`d other }persons access to. t:he: shops unless ramps and steps are installed. You are also planning to construct a bank in the southerly portion of the -building. The bank will have'outaide access fro, bot-h 8iscayne Boulevard and front N.E. 18th Street. The need to provide adequate handicap.ramps and access at.these two locations generates a.ne,e,d for the variance. The construction of, ramps at a 1:12 slope, makes the interior'`design of the facility extremely', difficult if the full enforcement of the Flood Criteria is required. ........................................ . 9 4 -- 94-- 128 CITY OF'.MIAMI FLORIDA INTEROFFICE MEMORANDUM L 1 1! f Santiago Jorge -Ventura January 12,'1993 DATE Deputy.birectorand ! Chief Building; Official Variance +90-09A sua,Ecr 1825 Biscayne Blvd. Hec Or, Lima � Chief REFERENCES Bldg. Code enforcement Sect. ENCLOSURES In order to clarify the requirements within the above mentioned variance, it. is necessary to mention the followings ".. A) The ,finish floor elevation has been allowed to be at 7 1 2 111t instead` of the required N.G 'V.D. `1010ft. B) All electrical equipments that is permanently, attached to."the structure, switches, outlets, receptacles,.,heating.tanks;° " generators and air conditioning units must be at,or above the required fhood level. This=means, that all of .the above, —men one must bo elevated to 10' Oft if located 'where. the finish floor. is at 7 ' 2"ft 'N.G.V.D. cc = Al`1 Section Chiefs Tomas Menendez.," Mr. Issac Shih, President „Miami,Chinese Community Center, LTD. 331 NE":18 Street:, Miami, F1- 33132` F 28 `# �' 5 ~ ' Ate. l -Jl 011 0LzJk. •llu• + � .. •J Oivd Penmo,;e 503 UNITY OF TI'*LL PA Box 61.9002 tliaml, Flenae 33201.9001 92R514270 1992 DEC 29. 09:30. THIS UNITY OF TITLE (the "Sec iar a t ion of in i ty") made by ;tZA.KI CHINME COIF MN17Y CENTER, LTD., a Florida li site. partnership (th' "Owner") in favor of THE CITY OF !•1IA.42;-FLORIDA, a municipality of t'.:e "t--to f ^:orila (the "City") •., TIT \T ., S 9. E T IT : WHEREAS, the Owner ?:olds fee simple title to certain propert,i th e tf of ,'iam, i, 71ori.a, legally :?escribed as an! consis,tin-,, ofi Lota 7 0, , 1 and 12, 31ock 5, of. SUBDIVISION a/k/a. TIII^D MEtTDED.:i11? Or MIRA. .1R, according to the 2lat thereof, as recorded in Plat :Book 5, ?age 4, of the Public Records of Dade Oountf, ?Iorida (_he "?roberty"), to which it also hold3 Eee'simple title; and WAE.REAS, the Owner is presently an ` applicant before the City of a„.1 Commission for certain variances from Ordinance �Io..1500, as a,.er'ee, of the Zoning Ordinance of the City of Miami for the ,real` propert7 legally described as: All of Tots 3 and 13, Lots 4, 5, 8, 9 and 14, less the :•lest 40.00 feet: thereof, and the,10.00 feet alley lying North of and adjacent to'said Lot 5,. and the 10.00 .feet, alley lying South of and adjacent to said Lot 9, Block 5, "'dIA!4.48" (also knoknown as the "^IIIn•D A!�tE2IDCD ;'AP OF :tT^ ►• IAR" )RW accor?ing to the '!at thereof, as recor-�ein ?!at Book Be at Page 4,-of the Public Records of Dade County,' Florida, and commonly described as 1301-1959 Biscayne Boulevard, -iami, :acc County, Florida (the "Biscayne Boulevard ?roperty")`, to which it also holla fee simple title; and WHEREAS, the Owner desires to make a binding commitment to assure' that the Property and the Biscayne !Ioulevard ?roperty zhal? ':e developed in accordance -.rith the provisions of this Declaration o: RO; THEREFORE, the Owner voluntarily covenants and agrees 'that the Property and the Biscayne 3oulevard Property shall be subject to tha .allowing unity of title that is intended and Shall be deemed to be covenants running with the land, binding upon the Owner, its zuc- cessors and assigns, as follows: 4' 128 REC. LJ i icy , : ?. �"^_2^ALS. The recitals Ind findings set forth , y> ?rea:-51e of this Declaration of U. are T?iereby adopted by ;cefe:er.ce theceto and, incorporated herein as if fully set 'orth ln'thIs Section. Cr T!TL^. The Owner shall not sell or convey onve th '°rom ?roperty a. any portion of the ?roperty separately tine "lscayn�s . 0oulevard. ?roperty or any portion of the Biscayne 3oulevara ? rope r'ty anti_ owner !gas net all the conditions set forth in Resolution *,a. 3_- .'�; of the City; of ::iami as amended by Resolution `toe. 01-779 an: 3. 1100171CATIO`t. This instrument n a 7 �a -+odt,fied, amended or released as to any, portion of the ?roperty or the 31scayhe 3oule'vard .Property by a written ­ instrument executed by the t:;en owner of the fee simple title to the .land to be effected by such odification, amendment or release provi3ing that same has be'an sppr,ove•� by. the, City. _ommissioK at a public hearing which public hearfng shall be applied for and at the expense of the Owner. Shou13 this instrument be so modified, amended or released, the Director of 'he. manning, Building and Zoning Department or his aucce.ssor, s. a1: execute a written instrument. in recordable form effectuating an. acknowledging such modification,' amendment, or release. 4. ^.CPK O? CO'lL'NA'?T. This voluntary COV@Rant On the ?Art o° the' owner shallremain in full farce and effect and shall.-::e binding _upon the Owner, its successors and assigns for an initial period of thirty* (30) years from the date this instrument is recorac! in the. Public records of Dade County, and, shall be automatica:L, extended for successive periods of ten (10) years thereafter a^,e_; modifier', amended or released prior to the expiration thereof. 5. .nsoection and F,nforcement. It is understood _z: agreed that any official inspector of the City may have the right at any. t,i:ae during normal .,rorking hours, of entering and investigating he use of the Property. and the Biscayne Boulevard property to determine whether the conditions of this Declaration of Unity are being complied with. An enforcement action may be brought by the City or ty any property owner within 375 feet of the Property or the Biscayne Boulevard Property and shall be by action at law or in^�- 94- 128 �. 9fF. 5( b AEC. against :any. ,party or person.violating or attempting to via' -ate ins covenants of this Declaration of rinity, either to restrain'vio:aticns or to recover damages. The prevailing -party in the action or shall be entitled to recover costs and reasonable attorneys. `ces. ^` is enforcement provision shall be in addition to any ot'",er :emefi•_s available under the law. SeverabilitY. Invalidation of any one of t`:eso, covenants by judgment of Court shall not effect any of the ot`.e provisions of this Declaration of Unity, which shall remain in fc:= force and effect, provided, however, that such invalidation may �e grounds for the City to amend the zoning and/or land -use regulations applicable to the Property and/or the 3iscayne Boulevard Propecty.: 7. Recording. This Declaration of Unity shall be fi:ed of record among the Public Records of Dade County, Florida, at the cost of the Owner. is wITNESB WSEREOF, the undersigned have set their hands an.'. seals t. day of IJYCtaL/ 1992. WI MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership <v By: MIAMI CH ATOWN DEVELOVMVI CORP.; a Florid corporation Print 'lame: dM41 L. Tgoat) Sys ISAAC S IH, Pres -lent GQn p WJ_ Address: 331 l9ta :;t:eet ami, Print ,lame : PiyM2 S • M,;1 eeo.ow M awie+,i nco.a: boa: a o.w cou•11.,%o4.o+. 3TATE OF FLORIDA ) ueoln.e.'. 11 � �1a�k'm Ctscuit b Cc's':Y , ^3U`. Y OF D.ADE ) � Ccu"a , SWORE :dE, the- undersigned authority, personally appearel ISAAC SNIH,:'as President` of 112AMI: CIiINATOWN DEVELOPIM. NT CORP., a Florida corporation, as general partner of MIAMI CHINESE CO: NiTY Cn'?T^ER, LTD., a Florida" Limited- Pastnership,,,on behalf of the corporation sac' - on behalf of the limited partnership who is personally known to me and did "take an oath. VI " 1IT :" TESS 1111HC F, I have h nt ub r ' ed my name a;,'• affixed my seal this day of De ' �2 29 :4y:Commission Expires: Totary•Pu 1 cr State of Florida - Print *Tame: 6 4t-t 1. l3RowN Ibis Instrr�^^', . ...jay 9 4 - 12 g LBR188598/R 8EQ20W Ai:►) }'.� s v. �� v otrlorAL WTAM Sau 110118i N:z��i: c ,.i. sO�.+� s4'h►:. arowN 41 REC:15761 N2S , attorneys fees. This 'enforcement provision shall be in adz. •;cn: to any other remedies available under the law. 10. Seyerability. Invalidation of any one of t!;csc covenants by judgment of Court shall not effect any of the other provisions of this 7eclaration, which shall remain in full force and effect, provided, however, that such invalidation may be grounds for the City to amend the zoning and/or land -use regula- tions applicable to the Property and/or the Biscayne Boulevard ?rccerty. 11. Recording. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNESS WHEREOF, the undersigned have set their hands and y} seals th s /�/fi day of lyGtto. .4 , 1192. WITH 33 2 - MIAMI CHINFSE COW4UNITY CmrrER, LTD., a Florida limited partner- ship 6s&-t &.. At od W Byt MIAMI Lalocida WN DEVELOPMENT` CORP., corporation r�e�eeea 5. Tn'.,kQa.•t By: ISAAC SHInp esi ent 331 N E / ST1. it•ra t' STATE OF FLORIDA SS: =1TY OF DADS ) BEFORE ME, the undersigned authority, personally appeared ISAAC SHIN, as President of MIAMI CHINATOWN DEVELOPMENT CORP., a Florida corporation, as general partner of MIAMI CII141:SE CObIMUNITY CENTER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership who is personally known to me d ac identification and did/d#d--m take an oath. IN ?WITNESS WHEREOF ��� I have h un bscr i el ame and affixed my seal this _IV day of J99 'ty Commission Expires;.7 Mary Public, State of F.orida r o� mQUAT vb r 18 8 5 77 /R/ 1 :o� `4'E+ 0wisi►�+suiatt ,.....-- AA713366ti>s1 omm 01epic+•& Utot06jp6'- C40UM Of 0.04 LOYwI,. •.O..OM i its 11Ca0 well, / 0■it of Uvitt b coulu This Instrumert �:•,, p..��.ed +,;� �. 1.. GARY l BEDiOW ►.m.- r-34'4. P.A. 11077 E,.., . 9 4 - 112 833 :J _ E. i �•� i i ,.--�. r �'� �._ _. ��" .���, ter.` -, J--2-296 4/30/92 RESOLUTION NO92 " 268. A RESOLUTION, WITH ATTACMIENTS, CONCERNING THE CHINATOWN PROJECT, LOCATED AT 1801-.1859 BISCAYNE BOULEVARD. MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92 ADOPTED JANUARY 24, 1991..ANDIAMENDED BY RESOLUTION NO. 91-779. `ADOPTED 'OCTOBER'24 1991.,WHICH GRANTED, .A VARIANCE FROM, ORDINANCE NO. 9800, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. BY, DELETING THE CONDITION WHICH REQUIRED THAT THE CITY `88 PLACED IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO LESS THAN $250,000 An ''REQUIRING THAT TES APPLICANT POST AN AMOUNT;OF i250,000.IN CASE. ON OR BEFORE AUGUST 30. 1992, IN A FORM `ACCEPTABLE TO THE CITY ATTORNEY; BY CHANGING THE DATE BY WHICH THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT SHALL COMMENCE BY DELETING THE CONDITION OF SAID VARIANCE WHICH REQUIRED THE CITY OF MIAMI ('CITY') ADMINISTRATION AND THE CITY ATTORNEY TO PROVIDE ASSURANCES TO. THE CITY COMMISSION THAT, 'THE CITY IS GUARANTEED AN EQUITY ITT EXCESS OF $250,000"; CLARIFYING.THAT ALL PLANS AND PERMITS SHALL BE KEPT IN ESCROW BY TIE PLANNING► BUILDING AND ZONING DEPARTMENT AND TEAT NO DEMOLITION OR CONSTRUCTION SHALL TAXI PLACE AT THE BISCAYNE BOULEVARD PROPERTY OR AT TIE NORTHEAST 4TH AVENUE PROPERTY UNTIL SUCE TIME THAT THE APPLICANT POSTS SAID $250.000, PAYS ALL FEES THAT ARE DUB FROM THE APPLICANT RELATED TO THE CHINATOWN PROJECT, INCLUDING BUT NOT LIMITED TO, DADE COUNTY IMPACT FEES AND CITY OF MIAMI IMPACT FEES► AND THAT .THE. PLANNING, BUILDING AND ZONING DEPARTMENT APPROVES THE FINAL BUILDING PERMIT; CLARIFYING THAT. SHOULD THE APPLICANT BAIL TO POST SAID $250,000,, PAY ALL FEES DUB, OR OBTAIN APPROVAL OF THE FINAL BUILDING PERMIT ON OR BEFORE AUGUST 301 1992 THE VARIANCE GRANTED BY RESOLUTION.NO 91-92, AS AMENDED BY RESOLUTION NO. 91-779, SHALL EXPIRS; FURTHER. BY DELETING THE CONDITIONf TEAT A. CURRENT APPRAISAL AND A CURRENT TITLE INSURANCE' POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE NORTHEAST 4T8 AVENUE PROPERTY BE.RECBIVSD BY THE CITY ATTORNEY. ATTACHMENT (S) CONTAINED CZSY covmSSION t4,.P, z%ua OF APR 3 0 1992 9 .",��a� b 8 4- 128 Section 2. The decision of the Zoning Board is this matter,is affirmed and the request for a variance from -.Ordinance No. 9500, as amended, the Zoning Ordinance of.the City of Miami, Florida, Schedule rot. District: Regulations, Page*4 of 8, "Minimum Open Space Requirements", and "Minimum Off-StreetParking Requirements,".and Article 20,,Section 2008, Subseotion 2008.9.21, Section 2013 and Section 2023, Subsection. 2023.4, 1 to thereby allow the ooastruotion of a 70,023 square foot -,commercial building; providing zero (0) of . 318 required off-street parking spaces; zero (0) of.- three- �3) required off-street loadiag 'bays; 01, front setback (10' required), 0' side street yard (7.5' required); 8' side .yard (42,9' required); as%/31,839 square feet open space .(64%/34.970.21 square feet required); 17%/9,200.43 square feet of pedestrian open space C219i/11,474.8 square feet required); and eliminating the required` vision clearance at the intersection of,..,Biscayne Boulevard and Northeast 18th Street for the. property located 'at `1801-1859 Biscayne Boulevard,. Miami, Florida, also described as Tr&OtL A. Tentative Plat No. 1380 "CRINATOWNO. as per plans ;on file,' dated November 7, 1990. is hereby fT&nt4&.L said variance` having: _' a time limitation until March 2. 1991 in Which'a building permit must be obtained, and being conditioned upon the following: (1) L the 80 parking spaces (as indicated on plans on file -dated November T.1990) must be provided on the basic portion of the block Cthe Northeast 4th Avenue property); (2) parking spaces Caa -per; plans an' file dated November 7. 1990) must be provided prior to issuance.of Certificate of Occupancy °(3)-a unity of Title for Traot A, whereby the Northeast 4th'Avenue;<property shall. not be sold separately from the Biscayne. Boulevard "property, must be'-provided,,prior to issuance of a.buildiag permit; (4) in the event -that the 'applicant provides the 80 parking spaces at an alternate lopation.lin accordance with applicable.: City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces L be provided on the back portion of the block (a) said plan 'must receive landscape plan approval by .the Planning, Building and Zoning Department of..the.City of Miami, Plorida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public herein to be initiated and paid for g by the applicant; and C7) a covenant, whereby the applicant agrees that the property'vill be subject to the herein listed conditions subject to the approval of the City Attorney waiving, however, the requirement that all mortgagees join in said covenant, must be filed in the Public Records of Dade County) Florida; -3- 542 1288 947 a:: Sook 5, at Page4, of the Public Records of Dade 128 J91=756 1'0/24/91,:. RESOLUTION NO. y ! 7-9 A RESOLUTION WITS ATTACHMENT CONCERNING THE CHINAT0WN PROJECT, LOCATED: AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AMENDING` RESOLUTION NO. 91-920 ADOPTED JANUARY 24,, 1991', WHICH 410 GRANTED A VARIANCE PROM ORDINANCE NOO 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA' BY ELIMINATING THE RECUIREMENT•..,.THAT, THE APPLICANT: POST A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT 0F..$250,000.00 VALID,. FOR A PERI00:OF THREE YEAR! FOLLOWING THE DATE OF THE `ADOPTION OF RESOLUTION NO.;91.92 TO GUARANTEE.. THAT THE REQUIRED PARKING BE PROVIDED AND THAT THE -CONSTRUCTION OF THE .SECOND PHASE OF, THE APPLICANT'S PROJECT WILL BE COMMENCED1 FURTHER BY'.ACCEPTING IN, LIEU 0! SAID BOND/LETTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN'A POSITION OP.MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD PROPERTY AND THE ` NORTHEAST 4T8 AVENUE s :PROPERTY; FURTHER BY CHANGING THE RIQUTA80 DATE BY WHICH CONSTRUCTION OF PHASE It SHALL: BE. ,,COMMENCED ,FROM THREE YEAR! FOLLOWING THE ` DATE OF ADOPTION 'OF RESOLUTION NO. 91-92 ..TO THREE YEARS_ FOLLOWING THE DATE OF ISSUANCE 0! A FINAL -CERTIFICATE' OF OCCUPANCY FOR THE FIRST PHASE OF THE PROJECT; FURTHER!:BY WAIVING THE'REQUIREMENT'THAT ALL-NORTGAGEEB JOIN IN THE. COVENANT REQUIRED OF THE APPLICANTf FURTHER CONDITIONED UPON TRZ . CZTY ADMINISTRATION AM THE CITY' ATTORNEY PROVIDING ASSURANCES TO THE CITY .COMMISSION THAT• BY BEING PLACED IN SAID POSITI014 OF MORTGAGEE, THE 'CITY IS GUARANTEED AN EQUITY IN:,EXCESS:OF:93S0,000. WHEREAS, the City Commission At its meeting of Ja`nuary 24, 1'991, adopted Revolution No. 91-92 granting a variance from 99 4,128 ,. Ct'!Y`` C0! Z +: ION � .R rs z � ! s. �.e��s•=l , J k OCT fry! is �i 101.4 J r s WA A mis � r .I 5tctlon 1. ;ROsolutlon No. 91-930 adopted January .24, 1991, is.hereby amended in the following par,ticulars:l/ 'Section 2. The decision of the-, Zoning Board in,,this matter is affirmed_ and:the,request for a variance from Ordinance: -No. 9500• as amended,. the Zoning Ordinance of the. City of Miami, Florida, Schedule of District. Regulations• Page s of 6 "Minimum -Open Space Requiremsnts'• and "Minimum Offstreet Parking, Requirebtnts,:' and Areicle. 20• Section '2008, Subsection 20089.2.10 Section . 2013 and Section 2023, .subsoctton 2023. a, to thereby allow the' construction of a 70.025 square .foot commercial, building; - providing Zero (0) of 316 required offstreet parking cpacest Zero ('0). of three (3) required .Offstreet loading bays; front setback (10' required); 0' side street ' yard (7.S' required)i 8' side: yard (42.9' required);: 584/31,639 square feet open space ('64i/34•970.21''squart feet required)i. 171/9.200.43 square' feet of pedestrian open ;space",(21%/ll° 474.E square- feet required); and eliminating the required vision clearance at the intereectYon of Biscayne Boulevard`and Northeast,18th Street for the property located at 1801-1859; Biscayne eoulevard,'Mismi Florida, also described as Tract Ap Tentative `plat No. 1300 - 'CHIMAT0i Q -as per plans`'cn file "dated November 7, 1990 . is hereby granted• said ' variance . having a, time limitation until . MascA .=2, ; 1991 in whi�A a :building ;. permit must be obtainedu. and bein q conditioned upon the lollovingr (1) the Q0 parking spaces (as indicated on plans on dated. November 7, 19901 must ` be provided_. on the back portion o! the block (the Northeast 1th Avenue property)= (2) parking spaces (as per plans on file dated NOvember 7, 1990) must be provided prior to issuance of Certificate of Occupancyt (3) a Unity of Title fo'r Tract A, whereby the Northeast ath.Avenua property shall not be sold separately from the Biscayne Boulevard property, must be provided prior to .issuance of a building permits (a) in the event' that the applicant provides the 80 ,,parking spaces at an alternate location in accordance with - applicable City ,Code provisions and regulations, ;the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the blocks-(5) said plan must receive landscape plan approval by the Planning, Building and`Zoning Dt'partment of the City of Miami, lloridat (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board,, said request for public hearing to be initiated and paid, for by the applicants and (7) a covenant, whereby the applicant agrees that the,peoperty will be subject to the herein listed conditions subject to the approval'''o'f this City Attorney inac however this requirement that all more a ees loin n sa covenant mush be e n the Public Records o Dade ounty, Ploridat said variance doing also conditioned upon the Citx being laced in. a position of mortgages with res ect to of t e 8isca ne aou evard property and the Northeast 1th Avenue oroVert or an amount not less than pefsafi-Mis NOR 044i for a -period of three years following the date '`of. ;this Resolution to . guarantew that the required 'parking willbe provided: and. that the construction of the second phaso of the applicant's` project will be commenced*- said construction to commence within three years 0 own e e ate o issuance o a, ina art cats of Occupancyor the first Phase o t e ro eett saW Amendment to Vas anceI being further conditionga upon the i-City A m nistrat on an th. CitV AttOrneV brovidind assurances to _t e or ,mo ao� uT r$ -My s quarante*3 an equity - Q. logoan 'upon rece 2t by the City, 94- 128 y 1- 779 52- 268 Attorney of- the following doc-aments pertaining to both the Biscayne Boulevard —Property ana the Nort,.t east 4th Avenue co ert (a) a ._,.r current apPasa ;.� ( )- o inson: of. tit es (c ) coy o current ti"t3i—""�iMrance . o i"ZI"in -a fam. acceptable to the CjtX Attorney; an ( ? such o tner ,na tters as max be -required by the A _, nas•• th el ,.,.. .. at lon an . e i tAY t torney. Section 3. This Resolution shall become toot REZ• effective 1991. 94- 91- fs f. 128_: 77 J-91-57(.a) - 1j24/91'.. 9 1 — Z RESOLUTION N0. .9 A 'RESOLUTION DENYING• :THE,. APPEAL FROM, AND AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT' A VARIANCE FROM ORDINANCE NO: 95000'AS AMENDED, THE ZONING ORDINANCE, 'or THE, CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT'.~REGULATIONS ,. PAGE,` 4 OF 6, y "KINIMUM OPEN SPACE. REQUIREMENTS"►'. AND "MINIMUM ,''OFFSTREET PARKING REQUIREMENTS,." AND ARTICLE 20, SECTION 2008, St7BSECT16N' 008.9.2.1r SECTION: 2013 AND, 'SECTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION` OF A 70,025 ,.SQUARE;FOOT._ `:COMMERC,IAL ..BUILDING;•'PROVIDING$ ZERO (0) OF `316 ' REQUIRED '"OrFSTREET' PARKING ; SPACES, ZERO -: (6) OF -,-THREE 11, (3),,REQUIRED-0FFSTREET LOADING BAYS; O''FRONT SETBACK (10"' "REQUIRED) ;', 0' ' SIDE STREET , YARD REQUIRED); 8.' SIDE YARD (42.9' REQUIRED)='' 58%/r31,639 SQUARE FEET OPEN SPACE .(641/34,970.21 SQUARE.'FEET REQUIRED); 17%/9,200.43 SQUARE•TEET OF "PEDESTRIAN "OPEN ' SPACE (21%/ 11, 474.E _ SQUARE FEET ' .. REQUIRED);; AND ELIMINATING THE REQUIRED' VISION , CLEARANCE -`AT THE INTERSECTION' OF BISCAYNE BOULEVARD AND NORTHEAST 18TH STREET FOR THE, PROPERTY "LOCATED AT,,1801-1959 BISCAYNE BOULEVARD,.:MIAMI, FLORIDA,' ALSO DESCRIBED AS '`TRACT A, :`TENTATIVE 'PLAT NO.. 13W • - ; _"CHINATONN" .AS PER,._•.PLMS,•-,ON FILE DATED NOVEMBER 7, 1990," SAID VARIANCE'' HAVING A, .'TIME LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT:'MUST BE OBTAINED, AND BEING CONDITIONED UPON,,;` THE. FOLLOWING$' (1) THE 80 PARKING SPACES (AS INDICATED, ON PLANS ON FILE DATED NOVEMBER 7, 1990) MUST .BE . PROVIDED ON - THE BACK PORTION OF THE BLOCK ( THE NORTHEAST 4TH ; AVENUE ; , (2) , PARKING _..;SPACES (AS' PER PLANS; ON FILE DATED NOVEMBER 7; 1990) ' MUST . BE'." PROVIDED' ' PRIOR ::TO ,; ISSUANCE ..OF ,!,CERTIFICATE OF,OCCUPANCY; (3) A UNITY OF TITLE FOR - TRAC'I A,•'WHEREBY'THE:NORTHEAST.4TH AVENUE PROPERTY SHALL NOT BE SOLD SEPARATELY FROM THE BISCAYNE BOULEVARD .PROPERTY, MUST BE PROVIDED PRIOR TO ISSUANCE`OF` A BUILDING PERMIT; (4) IN THE EVENT THAT THEl APPLICANT PROVIDES THE 80 PARKING SPACES AT„. AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE` CITY .CODE::PROVISIONS AND REGULATIONS, THE` APPLICANT SHALL BE EXEMPT FROM'THE REQUIREMENT `-THAT;` THESE SPACES;rBE. PROVIDED;.ON THE BUCK PORTION OF'THE 'BLOCK;.. (5) -SAID, PLAN` MUST' RECEIVE LANDSCAPE PLAN•APPROVAL,BY THE PLANNING, BUILDING AND ZONING • DEPARTMENT. OF THE CITY " OF, MIAMI, FLORIDA;­ (6) ANY "REQUEST 'TOR : CHANGES .TO, : THE HEREIN -REFERENCED PLAN FOR.'PARKING SPACES MUST `'BE`PRESENTED AT A'PUBLIC "HEARING:'OF: THE ZONING. BOARD, SAID REQUEST FOR • PUBLIC. HEARING'TO BE 'INITIATED AND 'PAID, FOR BY THE. .; ;. APPLICANT -;AND :.(7),',A COVENANT SUBJECT TO THE' APPROVAL OF`- THE • . CITY ATTORNEYS` WHEREBY THE AGREES THAT THE PROPERTY MILL BE SUBJECT' .;APPL'ICANT TO THE HEREIN"LISTED`CONDITIONS,..-MUST�BE FILED IN THE;; -,PUBLIC .RECORDS OF DADE COUNTY, FLORIDA; SAID VARIANCE'BEING ALSO -CONDITIONED UPON THE,, APPLICANT s POSTING :.A,PERFORMANCE BOND OR LETTER OF CREDIT IN THE •. AmOUNT .', OF $250`; 000 0 00 VALID FOR.. A PERIOD OF .THREE -YEARS FOLLOWING THE DATE OF THE ADOPTION or. r THIS:` RESOLUTION '.TO GUARANTEE. THAT.,THE REQUIRED PARKING.WILL.SE PROVIDED AND THAT THE'"CONSTRUCTION OF `THE'SECOND`PHASEOF THE APPLICANT'S PROJECT WILL BE COMMENCED. CRY COI-'VelZSSTOH 6" -- ...................... MEET:.:OF u ",99 4 - 12 g i AN , WHEREAS, the Miami Zoning Board at its meeting of December, 3, 1990, item No. 2, duly adopted<Resolution ZB 115-g0 by a six to ,zero (6.0) vet• granting a variance :as, hereinafter set forth; and WHEREAS, the Planning, Building and.`Zoning'Department of the City of Miami has taken an appeal to .the. City Commission .from ahe grant of the variance; and , WHEREAS, the City Comaission,.after`careful considerationof this matter finds that there are peculiar circumstances`affectinq this parcel of land and that practical -difficulties.,and unnecessary hardships exist which would impair the owner's right to the reasonable use of the, property without the grant, of variance as hereinafter set forth;` NOw, THEREFORE, BE IT RZSOLVED`BY THE, COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section I. 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 in this matter is affirmed and the request for a variance from Ordinance No. 9500, as amended, the Zoning Ordinance of the City of,.Miami, Florida, Schedule of District Requlations, Page 4 of 6, "Minimum Open Space Requirements",:and "Minimum Offstreet parking Requirements,', and Article .20, Section '20.09,' Subsection 2000.9.2.1, Section 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 70,025 square foot commercial building; providing zero (0) of 316 required of fstrest'p,arking spaces; zero (0) of,three (3) required offstreat loading bays; 0' front setback (10' required): 0' side street yard (7.5' required): 8' side yard (42.9' required): 380/31/639 square feet 64 open space (641/34,970.21 square feet required)171/9,200.43 • - ��••-�••• �.+.* .es•ee 1211/11,474.6 square feet 94~ 128 required); and eliminating the required vision -clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, `also described as Tract A, Tentative Plat No. 1380 - 'CHINATOWN", as per plans on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit must be obtained, and being conditioned upon the followings (1) the 80 parking spaces (as indieatad on plans on file dated November .7, 1990) must be provided on the back portion of the block .(the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided'prior to issuance of Certificate of Occupancy;_(3) a Unity of Title for Tract` A, whereby the Northeast 4th Avenue property shall-` not be sold separately from the Biscayne Boulevard property, mint be provided prior to issuance of a building permits (4) in the event that the applicant provides the 80 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida; (6) any request for changes to the herein -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed in the Public Records of Dade County, rloridat said variance beinq also conditioned upon the applicant posting a performance bond or letter of credit in the amount of $230,000.00 valid for a period of three years following the date of this Resolution to guarantee --that--the required parking will be provided and that the I Iconstruction of the second phase of .the. 94- 128 Ms'. Elba Morles offered the following Resolution and moved its, adoption. RESOLUTION ZB 115-90 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3101.1 OF ORDINANCE 9500, AS_AMENDED THE `ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONINGBOARD GRANTED THE VARIANCE FROM ORDINANCE'_ 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF-MIAMI, SCHEDULE OF DISTRICT LREGULATIONS, ,PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS",- AND ARTICLE 20, SECTION'`2008, SUBSECTION 2008.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION .2023.4 TO ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIALPROVIDING 0 OF 316 REQUIRED OFFSTREET PARKING SPACES 0 OF 3 REQUIRED OFFSTREET LOADING BAYS, 0' FRONT SETBACK (10' REQUIRED);` 0' SIDE STREET YARD (7.5 REQUIRED) 8', SIDE ,YARD (42.9' REQUIRED); 58% - 3 1,6 39 SQUARE FEET OPEN SPACE (64% - 34,970.2I SQUARE FEET); 17% - 9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (21S 11,474.6 SQUARE FEET REQUIRED); AND NO PROVISION OF'REQUIREO VISION CLEARANCE AT THE INTERSECTION OF 81SCAYNE.80ULEVARD' AND NE 18 STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE (( BOULEVARD ALSO DESCRIBED AS TRACT A, I TENTATIVE PLAT 01380-"CHINATOWN" AS PER PLANS ON FILE.` THIS VARIANCE HAS A -UNTIL MARCH 2. 1991 IN WHICH A "BUILDING PERMIT MUST BE OBTAINED SUBJECT,TO THIS GRANTING -OF VARIANCE IS BASED ON PLANS ON FILE DATED NOVEMBER 7, 1990; <WHICH SHOW` 80 PARKING. SPACES ON THE BACK PORTION OF THE BLOCK; UNITY OF TITLE FOR TRACT .A „IS REQUIRED BEFORE ISSUANCE OF A BUILDING PERMIT; PARKING 'SPACES AS PER PLANS DATED NOVEMBER 7,`1990 ARE TO BE PROVIDED AT TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY; SAID, PLAN BEING SUBJECT TO LANDSCAPE PLAN APPROVAL; ANY CHANGES'TO THE ABOVE REFERENCED PLANS FOR PARKING SPACES DATED NOVEMBER 7. 1990, ARE TO BE BROUGHT BACK TO THE ZONING BOARD IN PUSLIC;HEARING, SAID APPLICATION FOR PUBLIC HEARING TO INITIATED' AND PAID FOR BY THE APPLICANT; IN THE .EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT A LOCATION IN ACCORDANCE WITH CITY CODE AND REGULATIONS, THEN THE APPLICANT WILL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE 'PROVIDED ON THE BACK PORTION, AS PER PARKING PLANS DATED NOVEMBER 7, 1990. Upon being seconded by Mr. Lorenzo Luaces the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Sands, Moran, Barket Alonso-Poch and Luaces NAYES: None. ABSENT: None. S -ABSTAIN:'Messr. Milian '9 4'- 128 Ms. Fox: Motion carries 7 to 0.