HomeMy WebLinkAboutR-94-0599J-94-564(b)
7/01/94
9 4— 599
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT(S), REVERSING
THE DECISION OF THE ZONING BOARD AND GRANTING
A SPECIAL EXCEPTION AS SET FORTH IN ORDINANCE
NO. 11.000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9,
SECTION 931, DRIVE -THROUGH AND DRIVE-IN
ESTABLISHMENTS; CAR WASIiES, SUBSECTION 931.2
REQUIREMENTS FOR RESERVOIR SPACES, APPLYING
GENERALLY, SUBSECTION 931.2(d) DRIVE -THROUGH
WINDOW FACILITIES FOR EATING AND DRINKING
ESTABLISHMENTS: EIGHT (8) SPACES BEFORE THE
SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE
WINDOW AND ONE (1) SPACE AFTER THE SERVICE
WINDOW; TO ALLOW A DRIVE -THROUGH RESTAURANT
FACILITY WITH A REDUCTION OF THE RESERVOIR
SPACES AS FOLLOWS: TWO (2) SPACES BEFORE
EACH SERVICE WINDOW; ONE (1) SPACE AT EACH
SERVICE WINDOW AND ONE (1) SPACE AFTER EACH
SERVICE WINDOW FOR THE PROPERTY LOCATED AT
3600 CORAL WAY, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A"
ATTACHED HERETO AND INCORPORATED HEREIN);
ZONED C-1 RESTRICTED COMMERCIAL FOR LOTS 1
AND 2, AND ZONED R-2 TWO-FAMILY RESIDENTIAL
FOR LOTS 31 AND 32, PER PLANS ON FILE;
SUBJECT TO A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
June 13,
1994, Item No. 1, duly adopted Resolution No. ZB 40-94
by a four
to four (4-4) tie vote, thus constituting a denial of
a Special
Exception, as hereinafter set forth; and
WHEREAS, the applicant has taken an appeal to
the City
Commission from the denial of the Special Exception by the
Zoning
Board; and
CITY
F101-olution No.
WHEREAS, the City Commission after careful consideration of
this matter, notwithstanding the decision of the Zoning Board,
deems it advisable and in the best interest of the general
i
welfare of the City of Miami and its inhabitants to reverse the
decision of the Zoning Board and to grant the Special Exception;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
i Section.
Section 2. The decision of the Miami Zoning Board to
'i
! deny a Special Exception as set forth in Ordinance No. 11000, as
i
amended, the Zoning Ordinance of the City of Miami, Florida,
Article 91 Section 931, Drive -through and Drive-in
i Establishments; Car Washes, Subsection 931.2 Requirements for
1 Reservoir Spaces, Applying Generally, Subsection 931.2(d) Drive -
through Window Facilities for Eating and Drinking Establishments:
eight (8) spaces before the service window, one (1) space at the
service window, one (1) space after the service window; to allow
a drive -through restaurant facility with a reduction of the
i
reservoir spaces as follows: two (2) spaces before each service
window; one (1) space at each service window and one (1) space
after each service window for the property located at 3600 Coral
Way, Miami, Florida, more particularly described on Exhibit "A"
attached hereto and incorporated herein; zoned C-1 Restricted
Commercial for Lots 1 and 2, and zoned R-2 Two -Family Residential
94- 599
i
for Lots 31 and 32, per plans on file; subject to a time
limitation of twelve (12) months in which a building permit must
be obtained, is hereby reversed and the Special Exception is
hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 26th day of July , 1994.
S PHEN P. CLTJRK, MAYOR
ATT S :
Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
}
MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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AlQU N Yo, II 4
CITY A TOR
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9- 599
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GUNSTER, YOASLEY & STEWART, P. A.
ATTORNEYS AT LAW
6ROWARD FINANCIAL CENTRE BUILDING. SUITE 1600
500 EAST BROWARD BOULEVARD
FORT LAUDERDALE, FLORIDA 33304-3002
PLEASE REPLY TO
P.O. BOX 14636
FORT ]LAUDERDALE. FLORIDA 3330E-4036
TELEPHONE 13051 462-2000
FAX (305) 523-1722
OUR FILE NUMBER:
WRITER'S DIRECT DIAL NUMBER. ( 3 0 5) 4 6 8 -1315
June 24, 1994
OTHER OFFICES IN
STUART. FL 14071 286-1980
WEST PALM BEACH, FL (4071655.1960
Teresita Fernandez, Esquire
City Attorney for City of Miami
275 N.W. 2nd Street ``a
Miami, Florida 33128
Re: Special Exception Application for CheckerIsDj.ive-In-
Restaurant at Coral Way and 36th Avenue.
Dear Ms. Fernandez:
Enclosed please find a completed and notarized Lobbyist
Registration with respect to pending Special Exception Applications
brought by Checkers Drive -In Restaurants, Inc. This Lobbyist
Registration is filed as we contemplate appearing before the City
Commission on June 30, 1994 with respect to the 700 N.W. 54th Street
site and contemplate appearing before the City Commission in its
appellate function with respect to the 3600 Coral Way site.
For your information, we have met with representatives of the
Coral. Gate Homeowners Association and are presently discussing a
resolution of some of their concerns with respect to the proposed
site. It appears at this time that such resolution will not
directly affect or relate to the pending Special 'Exception
Application and it is our hope that the application will proceed
forward to the City Commission with the Coral Gate group expressly
stating their support. I will contact you to discuss this matter
in greater detail sometime next week when a better picture of the
situation has developed.
'ram Please advise me by telephone or in writing if you have at this
time received our request for review by the City Commission for the
a+ 3600 Coral Way site and if we are, in fact, on the agenda for the
�jqj July 21, 1994 City Commission meeting.
� 2
Thank you again for your continued cooperation in this matter
and I look forward to speaking with you in the near future.
3M 461 3, 2 PAGE 2
FILE IJo. 145 06f23 '9�1 12:16 J.D WILLIAf1S & CLYI�E
�n �-1 1 1�f7
-TL,N— 1 S R4 Mc3N
0M'
CI Y Of MAMl, FLORIDA
0 Y G STON
NOT11 rursuaht to 3#tlo4 2-314 of the City Of Miami CGO , `
lobbyists must r.plster with the City tlork'a 0111 a
prior to
fobbemcn ptinetpiletep2M M ,
STATE OF FLORIDA�
as 1
COUNTY Or +§ADX
Wore no. the undersigned eetharltya personally appeared
(Print aaaAe). Ariy , 'GALLnOWAY
41.1y
. m ro ■ r.�.ror r sr .+for
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who, being duty *Worn enleath, deposos and saysr
i. a. tabbyist Pea bea furnished 4 ropy of Artielo VI fre* the t
eaty of Niami CO e.
I. Lobbyist's name. bmbinoss addrnra and talephena no. pro:
.AMyrJ GALLOIAY iobby!st'a name
Suite 1600
500 E. Browaild Blvd, iuslnasa address i itiw..�....r+..�....'.w..�,
Fort Lauderd le, FL 33394
Tp"iDDEi""""'
305/462-2000l. pgstnasa tale hens o.
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II. A. Mama and address of prinClpal(s) represented Is (ara)t j
Checkers Drive In Restaurants Inc. '
3217 N.W. 10th Teriace, te. 306 4
Fort Lauderdal , FL 33309 llusinesa address
t
i
gpTis If the print!. mt listod above A tobposad of mutti�le
entities or iddavi uats, each Bush entity ar parson
must be ldent faad by Pate mod bYsinesd 1 r6sa, Yf C
More spate is '"vocal!. a stheop_l; ;=,t;nd trnls should
be attaehed hr'rate. `
(f f
t1?, Ths Mama and 6u04n13 address of any previous prlpsipals F
represented who he", At the time of this repistrstlen,:any
Metter$ ppendlnp who`s* the City /s jaeelwed including, put
not 1/011:e4 te. building. ptennlno and caning matters
share na eerttfatat of_actupa"ey has ►eon lssuetl, or where
the time far en,y apf epl 'af any ordinance. re :tutlan, 4
+decision. eeRie^, o recesamondatien has not yet expired,
a'r* 3
f.
_ _.,,,.,.,,,,,_,_„#Ame. of pravioux
principal
DuslAesa addresr isr
pr+lvl00: principal
q 4 - S_1qR
A F16E No. 105 06i23 '94 12:16 , D:WILLI" & CLYW
306 461 3 2 MGE 3
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MOM { If therf is more than ane uch previous prindlpel. please attich a schedule l stirs the At^* on;
buelneas oddross of etch p ovioss principal.
4 IV. a. The lobbylute9 honeral area of 1 tareet 14 (ere)s
j Processing and negotiation, where applicable., of
land use and development re'ue'st: s
Mr-
1 i. The apegeelfle 9nauo 1the aebbyi•s$ iR'4mptaydd to support r
0r po#Io 9e (are)
r
2 Special Exception applica"io' ns pending for j
3600 Coral Way and 700 N.W. 54th Street
NATE1 If wore apitt 1e neededb please ttach a schedule s
eettlai forth this 169or®atlan.
I V. The extent of any Wact or indlrest b sineel association or
reletienship •or the Lobbyist to any to a or' Monitor �
whetiovere r 1d wbethar as an eponcy' p rtno�wpe or
c0rp9r1ti0ne 4r Otllerwlse, with any to rant n.mbv-r " ths-
I City COmlalaei,40, bagLtd-,r Commtktvve the Ctty.itanaypre or the
C1ty ilarnaOePe; staff are as follows:
None t
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i MoUg If Mori spats 1's nesd'ed, a echodaje d4taiilnp the
additional lnforsaetlen Should be ttached hereto.
f ` k
tnsOa,e`Ca�rys
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$gM or Mwids 2 t 1]r,y ar Rine n tv 9 4 . beft�t imt
fhe n� 4 N 2i►bl lhu+r @ttx=r..l:y+wp� i
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y kobwo M fie, or
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MOM J. RQADMAN
s►EY. 1:112 :•= Yccn+;I,seNUPIRE9
'eptembor 4, 1994
�'•;° �;,, BONDED T RU NOTARY PU9LIC UNDERWRITERS
01 r Sq f
ZONING FACT SNEE1 PZ.8
• LOCATION/LEGAL 3600 Coral Way
(Complete legal description on file with the Hearing Boards Division).
APPLICANT/OWNER Gary P. Eidelstein for Robert G. Brown for s
Universal Realty & Dev., Inc.
2665 S. Bayshore Dr. #200 Checkers Drive-in Rest., Inc.
Miami, Florida 600 Cleveland Street #1050
285-9595 Clearwater, FL 34617
ZONING C-1 Restricted Commercial (Lots 1 and 2) and R-2 Two -Family Residential (Lots 31
and 32)
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 restaurant facility
with reduction of said spaces. Required: (8) spaces before the service window, (1)
space at the service window and (1) space after the service window. Proposed: (2)
spaces before each service window, (1) space at each service window and (1) space
after each service window; zoned C-1 Restricted Commercial for lots I and 2/R-2
Two -Family Residential for the lots 31 and 32.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval.
PUBLIC WORKS No comments.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A }
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: N/A
HISTORY Special Exception granted on Zoning Board Hearing of November 15, 1993 by Res. ZB 119-93.
ANALYSIS The requested reduction of reservoir spaces from a total of ten (10) required spaces to a total
of four (4) provided spaces at each of the two drive through aisles for a restaurant will not
have an adverse impact to the project or the surrounding area. Because the project is designed
to provide drive -through service, with limited outdoor wal -up service, the service will be
faster than other fast-food businesses. The proposed layout and circulation work well. All
proposed landscaping is in accordance with the City of Miami's Design Standards and Guidelines.
Based on these findings, the Planning, Building and Zoning Department recommendation is for
approval as presented.
ZONING BOARD
APPELLANT
CITY COMMISSION
APPLICATION NUMBER
Motion to approve failed contituting a denial. (Res. No. 40-94)
94- 205
Page 1 June 13, 1994
94 - 599
10
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GUNSTER, XOASLIMY & STEWART, P. A.
ATTORNEYS AT LAW
BROWARD FINANCIAL CENTRE BUILDING, SUITE 1600
BOO EAST BROWARD BOULEVARD
FORT I.AUDERDALE, FLORIDA 33304-3002
PLEASE REPLY TO
P.O. BOX 14636
FORT 1,AUDERDALE, FLORIDA 33302-4636
TELEPHONE 13051 462-2000
FAX 1305) S23.1722
OUR FILE NUMBER:
WRITER'S DIRECT DIAL NUMBER: (3 0 5) 4 68 -1315
June 17, 1994
Teresitz, Fernandez, Esquire
City Attorney for City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
OTHER OFFICES IN
STUART. FL 14071 2BB-19B0
WEST PALM BEACH. FL 14071655.1980
Re: Special Exception Application for Checker's Drive -In
Restaurant at Coral Way and 36th Avenue.
Dear Ms. Fernandez:
As discussed in my telephone conversation with you Wednesday,
June 15, 1994, enclosed please find Checker's request for Appellate
Review to the City Council of its Special Exception Application for
the Coral Way and 36th Avenue Site.
Please route this request to all appropriate departments. As
we also discussed, please agenda this Request for the next available
agenda, which I understand is July 21, 1994.
Thank you for your cooperation and assistance thus far in
coordinating the procedural review of the Zoning Board's denial of
the Checker's Special Exception Application for the Coral Way site.
Please advise me if there are any deficiencies in the enclosed
Request or if you have any other questions or comments.
Very truly yours,
� 1
Amy J . Galloway
For the Firm
CC: Yolanda C. Jackson, Esq.
Clark Bridgman
Miriam Maer, Esq.
10120
7
0
REQUEST FOR APPELLATE REVIEW BY CITY COMMISSION
RE: Special Exception Application for Checker's Drive -In
Restaurant at Coral Way and 36th Avenue
Checker's Drive -In Restaurants, Inc. ("Checker's"), Applicant
for Special Exception, by and through its undersigned counsel and
pursuant to Article 20, Sec. 2001 et seq. , of the Zoning Code of
the City of Miami, respectfully requests appellate review by the
City Commission of the Zoning Board's June 12, 1994 denial of
Checker's Special Exception Application and as grounds in support
would state:
1. Application has been made for Special Exception to
operate a Checker's "drive-thru" facility with reservoir space
capacity below the space requirements required by the applicable
Zoning Code provision and to authorize shared access to the site
located at Coral Way and 36th Avenue.
2. The Application for Special Exception received approval
from the Planning Department and went before the Zoning Board on
June 12, 1994.
3. Representatives of a neighboring homeowner's association
appeared before the Zoning Board and raised concerns regarding the
Checker's site. Checker's representatives met with the
representatives of the homeowner's association to discuss their
concerns and reached an agreement which Checker's was willing to
abide by as a condition to the Special Exception Application.
94- 599
4. The Zoning Board denied the Special Exception Application
stating that the Agreement reached by Checker's and the homeowner's
association was not a condition or consideration properly within
the scope of the Special Exception determination before the Zoning
Board.
5. As the concerns raised by the homeowner's association
representatives were not properly within the purview of the Special
Exception Application before the Zoning Board such concerns cannot
properly serve as basis for denial of the Special Exception. As
the Special Exception Application was in all respects complete and
otherwise proper, the Zoning Board should have approved the
Application.
6. Accordingly, for the reasons stated above and otherwise -
presented to the City Commission, Checker's requests appellate
review of the Zoning Board's June 12, 1994 denial of the Special
Exception Application for the 36th Avenue and Coral Way site.
7. Checker's requests this matter be placed on the July 21,
1994 City Commission agenda. 1
10124
Submitted by:
1
Amy J. allow.y, Esq.
For Chi. ker's Drive -In
Restaurants, Inc.
94- 599 9
}
ZB 6/20/94
George Barket offered the following Resolution
and moved its adoption.
i RESOLUTION ZB 40 -94
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 1305 OF ORDINANCE 11000, THE ZONING
BOARD DENIED THE SPECIAL EXCEPTION AS LISTED
IN ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 9, SECTION 931, DRIVE -THROUGH AND
DRIVE-IN ESTABLISHMENT; CAR WASHES,
SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR
SPACES, APPLYING GENERALLY, 931.2 (d) DRIVE -
THROUGH WINDOW FACILITIES FOR EATING AND
DRINKING ESTABLISHMENT: EIGHT (8) SPACES
BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT
THE SERVICE WINDOW AND ONE (1) SPACE AFTER
THE SERVICE WINDOW; TO ALLOW A DRIVE -THROUGH
_
RESTAURANT FACILITY WITH A REDUCTION OF THE
RESERVOIR SPACES AS FOLLOWS: TWO (2) SPACES
BEFORE EACH SERVICE WINDOW, ONE (1) SPACE AT
EACH SERVICE WINDOW AND ONE (1) SPACE AFTER
EACH SERVICE WINDOW FOR THE PROPERTY LOCATED
AT 3600 CORAL WAY MORE PARTICULARLY DESCRIBED
l
1
ON EXHIBIT "A" ATTACHED HERETO; ZONED C-1
RESTRICTED COMMERCIAL FOR LOTS 1 AND 2/R-2
TWO-FAMILY RESIDENTIAL FOR LOTS 31 AND 32.
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.
4
Upon being seconded by Gary Michael Carman
the motion to approve failed constituting a
denial:
AYES: Ms. Basila. Messrs. Barket,
Carman and Sands.
NYES: Ms. Morales. Messrs. Crespo,
Luaces, & Milian.
ABSENT: Ms. Hernandez and
Mr. Moran-Ribeaux
Ms. Fernandez: Motion fails 4-4.
June 13, 1994 Item #1
Zoning Board
94-
i
EXHIBIT
LEGAL DESCRIPTION:
A POR71ON QF LOTS 1, 2, 31 AND 32 IN BLOCK 6 OF "AMENDED =! AT OF
MIAMI 3t4BU"AN ACRES" ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT HOOK 4 AT PAGE T3 OF THE PUBLIC RECORDS OF DADE --OUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT ON THE WEST LINE OF SAID LOT 31 LYING 10.00 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID LOT 31; THENCE RUN NORTH
00 DEGREES 06 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID
LOT 31 AND LOT 2 FOR A DISTANCE OF 255.93 FEET TO A POINT; THENCE
RUN SOUTH 89 DEGREES 59 MINUTES 00 SECONDS EAST ALONG THE SOUTH
RIGHT-OF-WAY LINE OF CORAL WAY FOR A DISTANCE OF 75,03 I-F_ET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 15.00 FEET; THRU A CENTRAL ANGLE OF 89 DEGREES 53
MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 23.53 FEET TO A POINT
OF TANGENCY; THENCE RUN SOUTH 00 DEGREES 06 MINUTES-O& SECONDS
EAST ALONG THE WEST RIGHT-OF-WAY LINE OF-S.W. 36 AVENUE FOR A
DISTANCE OF 215.89 FEET TO A POINT OF CURqATURE OF, A CIRCULAR
CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THRU A
CENTRAL ANGLE OF 90 DEGREES 06 MINUTES 00 SECONDS FOR AN ARC
DISTANCE OF 39.31 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH
90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTH RIGHT -OF -.-
WAY LINE OF S.W. 22 TERRACE FOR A DISTANCE OF 64.96 FEET TO THE
POINT OF BEGINNING.
w
12 9
4- 599
a
1.1 N r — � —• y •+ 1 H lJ 1. h �
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APPLICATION FOR" SPECIAL EXCEPTION File Number
within the City generally, or within certain zoning districts,
certain structures, uses, and/or occupancies specified in this
ordinance are of a nature requiring special and intensive review
to determine whether or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and
sef"uards which should be applied as reasonably necessary to
promote the general purposes of this toning Ordinance, and, in
particular, to protect adjoining properties and the neighborhood
from avoidable potentially adverse effects. It is further
intended that the expertise and Judgement of the toning ftard be
exercised in making such determinatioos, in accord&nce with the
rules, constderations and limitations relatinq to Special
Exceptions. ($ee Article 16) ,.
Formal public notice and hearing is mandatory foal Special
Exceptions. The toning Board shall be Solely responsible for
determinations on applications for Special fxceptions. All
applications shall be referred to the director of the Otpartwt
of planning, building and Zoning for his recommWations and the
director shall make any further referrals required by these
regulations.
t. Cary p,irx�i�+p;,,.* , hereby" apply to the City of Mini Zoning board for
approval of a Special Exception for pro"rty located at *m ri-gAl.Tazu- Mi FT
Nature Of Proposed Use ($a specific) Tlive t2Murth hart�uxger restaurant in
A4A 1r I 0��� r �++......�r�r na..ea•. o .�i..l•1
f
CR-1 zrne. f
In support of this application, the following material is subeittwr
I. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
2. Four copies ofs the site plan showing (as required) property boundaries,
existing (if &W) eM proposed structure(s), , parkinga landscaping
@tei building elevations and dissensions and- c4v*ut$ti6n3 of lot area i
and ,building spaetnq.
3. Affidavits disclosing ownnerW p of property covered by application and
disclosure of interest form (attach to application).
d. Certified list of owners of real Wate within a 315-foot radius of the
outside boundaries of property covered by the application.
...... S. At least two photographs that shoo Oe entire prod (land and iavprove-
ments).
G. Other (Specify)
13
7. Fee of S. to apply toward the cost of processings
*Pn:-qi CiB7f of T b l Gpr-A 1 P�= 1 ", !
APPLICATION 109 FCCIAI EXCEPTION F11t Auatber
Within the Vi r Qonorelly, or within coetefn toning 411tri,tilt
G u ilin ttructyrol, 4141, 1ndtor oc<veencies fpecifleQ in thlt
ordinance art of a nwturo r"y1 ring %ptcial ono mien/fro rtvitm
to 40tem1fto whether or not thty thotil® bo 1frefita4 in 10Kifit
1016 ion1' arts if to, the fr4clel li®italions, wo ltionl, and
taft"orot ,drlch should se appllW e1 reatarte®ty necovsery to
pewte the Qentrol purgolol of thfo ie+vfnq or41nwe, end, in
pertiWer, to prvieat 44JOIA104 Fra®er410 end tho nVjhb0M9o4
rros avoldebt® potentially adverao offaott, 11 it ovrther
i Irrttr4ed that the expeMle errs 1udq It of the 19ning b"rd be
er<sre 104 11 oeelrl luch Warelnatl"s, 1n tetordarnc9 with the
f rule!, e0611derotleal 84 1lei ta41anl r4lolirl to 9p"f41
Excoptt®n0, (Sa®rtleis
Fame) pyblie Mouse en® heerinr it "Notify for 'plait! _
i Exseptiont. Me $enrol 16er0 411e11 Ov 441e1y rwapanelilo for
4eteroln4tlor,s on applicallf"s r®r $yodel txcep%I96. All
0911111catloff 0411 of r:ferr" to tho dirdttor of the 0404rtwt
of p1ann1np, 60141pq Vw ton1M for his monw,44tion, V44 taw
dirsttor ithaii by that®
�iettsnt. - .
1, Robert G. BrQw;", herebr * eptllr to Of My of Kiwi 1041111M 10ir4 for
approval o/ a 1poctll iec*pol4a for p"Hy located it _ �2�t� "zi
•r
Nature of prop9144 110a (14 lWif19) .` Ntj uSiz t
to tupprt o4 tAff opplleatieel, t4 fellOVO4 04t4rial is sybeittedt
•„� i tw* tools$ of s lttiwtly of 1114 VM14 t;f FrO04M 6V a Stitt of Msrt/e
1 ft"Isterw tins Urveyse.
Fogr coplss oft the silo pleb shMlnp fat r*qalrvl) pro04r4y Lie names,
erntstlf� (lf tnri sfvi propta� ttrvetwro jlj, yeNtinr), tat>�los►ifil
Qtt; Ml11Nt1r elsystlaRs IuM 41W111tlnt 0m. c0ilittlti1109 of lei arse
srri,�t idl+e� spe®in�.
J� AftNlrltt 4114clo®inf owe"hip of propflrty csVer04 by e001111tlfn V4
tlttioaurs of Intent! f®no (IM0 to 40011e01")o
�„•,,,, /. csf0lflod lilt it 4"er4 of real ittets within a M-foot radius of 06
Wilde bowwarlis of vre"My iolsrw by the wllcatlen.
At 1e641; two $hoe"esos tlltat their the 401tes "V"m► (IV4 and 1eor itt.
will) e
1 ,
1. iae $I to "fly towel 04 Ott of ,f"llfpt `
1
94- 599
i
Special Exception .......................... $650.00
Surcharge equal to applicable fee from item above,
not to exceed six hundred and fifty dollars ($650)
except frow agencies of the city; such surcharge
to be refunded to the applicant if there is no
appeal from a property owner within threo hundred
and seventy-five (375) feet of the subject property.
(City Gods - Section 62-61)
LMVEF-IZAL
Signature
Owno
Nye �i'.�,�''`�' in, amsidmt
Address 2665 Saith �ijsh=e rxivve(_SUite 200;`aard, rL
STATE Of FLORIDA)
SS:
COUNTY OF OADE ) --
Sa`1L�G beirq duly tworn/ deposes and says that he is the
(Owner) of the real propn y described in answer uestion !1
abevei that he has read tht forming inswir# at ho *an are complete:
that he h hority to Ixetu this Wtlon on
behalf of the *Misr.
( P.
n
$WORN TO no sisss"lle � r
before +a this „�. , day of .
14otary seat orid at L! e
My Comission Expires:
EbZ.a3ETH DUEY
Notary STATE OF FLORIDA
Public My Comm rxa12/30/95
BONDED
94 - 599
i
Sge�cialJxceptIon .......................... $650.00
Surcharge equal to applicable fee from item above, '
not to exceed six hundred and fifty dollars ($650)
except from agencies of the city; such surcharge
to be refunded to the applicant if there is no
appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property.
(City Code - Section 62-61)
Signature �IAt '6
Owner or -thorned Agent
Robert G. rown Ecec. V.P.
Naerte Checkers QC
ite-fn BeStatiarrt-- TnC.
Address P.O. Box 10751:
Clearwater, FL 34617
Phone
STATE OF FLORIDA)
Pine 1 s SS:
COUNTY OF ORR
Robert G. Brown being duly sworn, deposes and says that he is the
(Owner) aril gM� t f Owne of the real property described in answer to question f1
above; that he has re t e foregoing answers and that the same are true and complete;
and (if acting as agent for owner) that he has authority to execute this petition on
behalf of the owner. � L
Robert G. Brown, Ex ec. V.P.
(Nave)
SWORN TO AND SUBSCRIBED
before me this J_QJL day of
January -, 199
o ary Public, State of Florida at Large
My Cowission Expires:
• •••.... ij� , .
,' OFFICIAL. SEAL
OIANNE M. AUSTIN ;
t My Commission Expires i
1
6 m. o. C 19
'►�o,�:'` Comrrw. No. CC 193144
94_ 59.9
74 t Hu 1 tD �✓J
AFF10AYIT
STATE OF FLORIDA '
} SS
COUNTY OF OAOE ?
84fore se, the undersigned authority, this day personally appeared
Cary P. Eide stein who being by ea first duly sworn, upon oath, deposes
and says%
I. that he is vvat�r r; the legal representative of the owner,
a
submitting the accos"nying application for a public hearing as .required by
Ordinance 11000 of the Code of the City of Mimi, Florida, affecting the real
property located fn the City of Maxi, as described and listed on the pages
attached to this affidavit and Meade a part thereof.
2. That all ®avers which he represents, if any, have given their full
and complete permission for his to act in their behalf for the change or modifica-
tion of i classification or regulation of :onlns as get out 1n the accomanvina
petition+.
3. That the pages attached hereto and We a pant of this affidavit
contain the current names, asailing addresses. phone numbers " legal descriptions
for the the real property oQ which he is a earner legal representative.
submitted
(Sid)
RE 1'
17
IDA
V95
�- 59a
ItAtt of MAW
3!
CQ"ty of *Act
Wart I►-, the undortipw tutmeity, thit day f4moolly ipptaro
Robert G. Drown
WM adult by ae fIell My tworn, uW oath, dt¢otms
the tsyt t
t. not he it the *"or, or =r4orowtotive
of the oansr,
1041 ttin/ the aesaapanrirj applicattoa for a publie hearin@ ss reggired kyp
OMinanea 11NO of the Coda of th! Oity of Miami, Florida, sfreeti"I the rvi1 _
oropirty iOtatId In the Cit,p of Mioosi, at d®ttrib" VW 1tuvi 44 thup"0/
itttehed to this aff1440i send aerie a port thereof.
!. that all owntri which ho ' rgvpresinte, if any, have jiv,n thtir trill
end Co+ap14te pemittton for hial to AtL in tholr behalf for the ehvgt ®P MWIfiea-
Me of A ciataifitatiefl or r/4uidti" of 3404 u tat out in the Aeco"anyinl
pHltto+t.
1. Tho the p4jet attad4d herito VA dole a ptrir of this 41f1eevtt
contain the curr"t nam, •aiilrq Wdrissdl, pime nt ' d94et°iplitAt
for the the re41 property of Whith he ie 04 Omer r lot$ rifprelilntative.
4. "a feet$ a r"sent!! In the s0llcation � e submlttw
in eoNvmt14 vith this 4tff6vit are tryo deal cornet.
Wrther Aff iallii tenth net. ,
.CS
Q�a�a
S+oorn to W i bl6rtw befere as
this 9th 44y of Mom,
dry e. t1tQ of on 1 a4 tafee
18 l4ir `osrtittlori UrpiMtt
Wv t,+r OFFICIAL SEAL
DIANNE M. AUSTIN
! My Commission E(-)r,es
�? April 28, 1996
•,•d&'6Qvr.'4 'o Comm. No. CC 197144
94-- .599
OWNER'S
1.
Owner, s .name UNIVERSAL REALTY & DEVELOPMENT, INC.'
Mailing Address 2665 South Bayshore Drive, Suite 200 Miami, Fla
Telephone Number 285-9595
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Nan --- -
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 Legal Description
Street Address Legal Description
Street Address Legal Description
94-- 599 19
a:
013CLOSUPC OF OWHASii11
1. legal description aisd street address of iubject rail property:
(SEE SURVEY)
l
oar+er(s) of sva94tt rAal property and psreMtaq• of awanhip. ►#otae City of Masi
OrdiranCa Me. 9410 r"uires 4isal9surs of all pertie4 having a financial interest.
J either dirae4 mr frWireat. in the suttjaet setter of s presesntation, r"ustit or
Petition to the City evcaaissioa- Ac4emi 1 .�. p lr � lr, gvessioo ii reaviraa dtsclaaare of
sheroholdert of Corperatiora, beneficiar I41 of trusts, and/ew any other interested
parties. together with thfir sddesites AM propoe10§14te interest,
Universal Realty & Development, Inc. - 100% owner.
Gary P. Eidelstein - 65% ownership interest. a r
Wayne Ginter - 35% ownership interest.
Leased to Checker's Drive -In Restaurafft, Inc. (copy of lease
attached)
3. Legal description and street oddness of any rim! property (a) owed by any party
listed in answer to quettioa it, Mid (b) lacated within 375 feet of the subl"t
real oM""y• N/A '
I Gary P. Ei0 idrtt Lhiwxsal
srAtt o� FLORIDA sxl Realty & 6meic�it, Ire.
COwNn of coot
04m . _. hind duly swore, dopes" ens smys that he 6s the
QaoAr � w of the real propertytdescribed in maw is gdeatienete,
above: that hei has 4ore"ing onsw4rs and that the sat ar® � N01 l
and (if actirq as attamo for owitr) that he autharit t e Disclosure
of Ownership form oai bgMlf of..tho owner.
Gary P.
Sb1Oit1 TO ,AN SUJ$01110
War* M this
day of
HT COMN133100 Mimi �7 7
EL1ZA8:TH DUPREY
24 1 �otcry STATE OF FLCR10A
j Pubiic `iy r;cmm �xP12%30I95 9 4" 599
BONDED
us, Id, 94 Uu:49 V7U2 734 7548
DEBBIE REY`OLDS 4i001%u01
a_,. 6x 911Ct.mof Olt otiwttttsr jv
1. Legal 4e3crtytics ON Stre" wr"I of tub}ei1 rest /eg"ftyl
4. 0w+erdci ®f suWft-I reel mmWty ad p4reent"S of per hits vales Clay of MIMI
ONVOWS go. 9411) rq"1nw 44SCISSId" of 411 POV082 114VIFq a f1ftch1ete1 tote%eto
effser e`reat or in t" eye®, at rettor of ® pmenteum, "WASt or
ylttsfqo so Cho city C'4mo4®etoaft Acs"Injive gW40 19 it ve"ma oisciftlre 1of
shw%hateeft of 1w*, eeWleiePlee of %note, Wfor &V ire' lotetette4
Ip$"lose lot~ Ndg' %Qefr PRl840 4m sn""Iaeeta/ 4t4 it"eel.
UNIvE AL- A. LT —1 P &A eij 1 , �n1C. rev /d
• (L-j 4�(t�et_s'>EtN- S%a 0W(J60-S4(PrNi. C�w'nsEc2
WAvrJE GrtJTE a- - 3S°f DvV (JE"--H(P SA.rrC'-oSSI .
L,EF�S `iU GN,�G(e.�(�S 7:r:NG . C See lecasc- oe4uc(neji .
�. L"al 40osrirtlds *W I&M dd?"I o4 &V AN) P1*W!4 (0) 60M ter &V MV
1ISt44 to lwetwe► 4e 4wo11em it, md (0) 9ecood uitl1111 us ft" of the tajut
Rol wwo".
=of a va }
Wayus Ginter tb� dolt ate. am" e�t " p Cho M is 00
(mme eat eretW tv 4a "bd lei IIM w to Itch i1a
ems: ee 1 a am tm tm law an W" n leaa
v (4t ®c41� Isea,�,ef� � m; tMt Ae has &~tv 11A ONSWft VA 11199110
•4 'w*mp lee alr behalf of-.2% OW
e
mu m AN mmism
Mlr" es tN9®
119 49 192.4
W1Om"90Ilt"Fal
. LIZABE TH DUPREY '
Notary'1 STATE OF FLORIDA
Plblic ,MY Comm Exp12/30/95
8O►vDED
v6 .6 T Atj44 aad 6sr,
1894�05� 16 1 5 r 2 8
.L5s-caN= zeTT—g6z—sr
94 - 599
21
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Legal Desci;�ptipn Attached
2. Owner(s) of subject real property and percentage of ownership —Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, request or
petition to the City Coawission. Accordingly, question 02 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Property leased o Chpc�erlg DrjiTrin Res�a� jlc Corporation
See attached Sche u e is is
regularly traded on ;New York Stock Exchange.
Property owned by Universal Realty & Development, Inc. 100 % Ownership.
3. Legal description and street address of any real property (a) oared by any party
listed in answer to question 02, and (b) Located within 375 feet of the subject
reai property. �o
FOR OWNER
Robert G. Brown
STATE OF FLORIDA } SS:
COUNTY OF>WJ N Biel 1 as
Robert G. Brown being duly sworn, deposes and says that he is the
or Owner) of the real property described in answer to question #I,
above; that he has read the foregoing answers and that the sane are true and complete:
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
�LAL�—x—� Z�(SEAL)
(Nape)
Robert G. Brown
SWORN TO AND SUBSCRIBED
before ale this i nth
day of,Ianii rW 19gt,�
otary Public, State of Florida at Large
MY C"ISSION EXPIRES: ,......
OFFICIAL. WL
.
22 P.A
DIANNE M• AQSTiN
Expires
1.:
• ,r of
•'•All,
My Commission
April 29, 1996
fu7";+'
Comm. No. CC 197144
94 ���
EXHIBI T 'A" :-
LEGAL DESCRIPTION:
A PORTION QF LOTS 1, 2, 31 AND 32 IN BLOCK 6 OF "AMENDED ; LAT OF
MIAMI !h4BUnAN ACRES" ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 4 AT FACE 73 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT A POINT ON THE WEST LINE OF SAID LOT 31 LYING 10.00 FEET
j NORTH OF THE SOUTHWEST CORNER OF SAID LOT 31; THENCE RUN NORTH
00 DEGREES 06 MINUTES 00 SECONDS WEST ALONG THE WEST LINE OF SAID
LOT 31 AND LOT 2 FOR A DISTANCE OF 255.93 FEET TO A POINT; THENCE
RUN SOUTH 89 DEGREES 59 MINUTES 00 SECONDS EAST ALONG THE SOUTH
RIGHT-OF-WAY LINE OF CORAL WAY FOR A DISTANCE OF 75.03 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A
RADIUS OF 15.00 FEET; THRU A CENTRAL ANGLE OF 89 DEGREES 53
MINUTES 00 SECONDS FOR AN ARC DISTANCE OF' 23.53 FEET TO A POINT
OF TANGENCY; THENCE RUN SOUTH 00 DEGREES 06 MINUTESOe SECONDS
EAST ALONG THE WEST RIGHT-OF-WAY LINE OF-S.W. 36 AVENUE FOR A
DISTANCE OF 215.89 FEET TO A POINT OF CURVATURE OF- A CIRCULAR
CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THRU A
CENTRAL ANGLE OF 90 DEGREES 06 MINUTES 00 SECONDS FOR AN ARC
DISTANCE OF 39.31 FEET TO A POINT OF TANGENCY; THENCE RUN SOUTH
90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTH RIGHT -OF-.
WAY LINE OF S.W. 22 TERRACE FOR A DISTANCE OF 64.96 FEET TO THE
POINT OF BEGINNING.
71
I
23
.• SCHEDULE
B
MANAGEMENT
Directors and Execrative Officers
The following table sets forth the names and ages of
the Company's Directors and executive officers and
the positions they hold with the Company. Executive officers serve at the pleasure of the Board of Directors.
NUN
AS
P6eitwo
Herbert G. Brown ......................
69
Chairman, Director (term expiring —in N94)
and a member of the Executive and
Audit Committees
James E. Mattei .......................
44
Chief Executive Officer, President, Director
(test expiring in 1994) and a member of
the Executive and Compensation
Committees
James F. White, Jr .... . .................
53
Chief Operating. Officer. Director (term .
expiring in 1993) and a member of the
Executive Committee
N. John Simmons, Jr ....................
37
Vice President -Finance and Chief Financial
Officer
George W. Cook .......................
60
Executive Vice President -Purchasing and
Human Resources, Director (term
expiring in 1993) and a member of the
Executive Committee
Jared D. Brown ........................
33
Executive Vice President, Secretary/
Treasurer, Director (term expiring in
1993) and a member of the Executive
Committee
Robert G. Brown .......................
31
Executive Vice President -Real Estate and
Development
John E. HeUriegei .......................
53
Vice President -Franchising
Dale A. Naftzger .......................
48
Vice President -Operations
Anthony I Monzo .. _..................
43
Vic President -Marketing
t Thomas M. Nash ......................
44
Vice President -Real Estate and
Development
James M. Roche .......................
86
Director (term expiring in 1995) and a
member of the Audit and Compensation
Committees
ZHarry S. Cline .........................
4
5Z
Director (term expiring in 1995) and a
member of the Audit and Compensation
Committees
'
94- 599
5